annual report

ACT Department of Justice & Community Safety

ANNUAL REPORT 2002 – 2003

Australian Capital Territory Government www.jcs.act.gov.au volume 1 Mr Jon Stanhope MLA Attorney General ACT Legislative Assembly London Circuit CANBERRA ACT 2600

Dear Attorney General

I am pleased to present the Annual Report of the Department of Justice and Community Safety for the year ended 30 June 2003.

This Report has been prepared under section 7(1) of the Annual Reports (Government Agencies) Act 1995 and in accordance with the requirements referred to in the Chief Minister’s Annual Reports Directions. It has been prepared in conformity with other legislation applicable to the preparation of the Annual Report by the Department of Justice and Community Safety.

I hereby certify that the attached Annual Report is an honest and accurate account and that all material information on the operations of the Department of Justice and Community Safety during the period 1 July 2002 to 30 June 2003 has been included and that it complies with the Chief Minister’s Annual Reports Directions.

Yours sincerely

Tim Keady Chief Executive 5 September 2003

2 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Mr Bill Wood MLA Minister for Police and Emergency Services ACT Legislative Assembly London Circuit CANBERRA ACT 2600

Dear Minister

I am pleased to present the Annual Report of the Department of Justice and Community Safety for the year ended 30 June 2003. This Report has been prepared under section 7(1) of the Annual Reports (Government Agencies) Act 1995 and in accordance with the requirements referred to in the Chief Minister’s Annual Report Directions. It has been prepared in conformity with other legislation applicable to the preparation of the Annual Report by the Department of Justice and Community Safety. I hereby certify that the attached Annual Report is an honest and accurate account and that all material information on the operations of the Department of Justice and Community Safety during the period 1 July 2002 to 30 June 2003 has been included and that it complies with the Chief Minister’s Annual Reports Directions.

Yours sincerely

Tim Keady Chief Executive 5 September 2003

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 3 ISBN 0 642 60235 2

© Australian Capital Territory, Canberra September 2003

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from Information Planning and Services, Department of Urban Services, ACT Government, GPO Box 249, Civic Square ACT 2608.

Produced for the Department of Justice and Community Safety by Publishing Services.

Enquiries about this publication should be directed to the Office Manager, Corporate Services on 6205 0542

Publication No 03/0718

http://www.jcs.act.gov.au

Telephone: Canberra 132281

Designed by John’s Graphics www.johnsgraphics.com.au Photography (excluding ESB and Law Courts and Tribunals) by Seventy Eight Commercial Photography www.seventy-eight.com.au

4 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Contents

Contents

Transmittal Certificates 2 Glossary 8 Overview Chief Executive’s Overview 11 Mission Statement 16 Organisational Profile and Content (Structure Chart) 17 Corporate Governance 18 External Scutiny 19

Year in Review (Objectives, Achievements and Major Issues) 21 Policy and Regulatory Division 23 ACT Law Courts and Tribunals 31 ACT Government Solicitor’s Office 45 Parliamentary Counsel’s Office 53 Registrar-General’s Office 65 Emergency Services Bureau 77 ACT Corrective Services 97

Whole of Government Issues 113 Key Issues 115 Community Engagement 115 Aboriginal and Torres Strait Islander Reporting 120 Multicultural Framework 120 Fraud Prevention 121 Equity and Diversity 122 Justice Options and Prevention Policy Framework 122 Resources and Ownership Agreement Reporting 125 Ownership Agreement 125 Certified Agreements 125 Staffing Profile 125 Australian Workplace Agreements 130 Workers’ Compensation 131

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 5 Contents

Learning and Development 131 Consultancy and Contractor Services 131 Capital Works Management 137 Asset Management Strategy 138 Statutory Requirements 141 Occupational Health and Safety 141 Commissioner for the Environment 143 Public Interest Disclosure 143 Government Contractual Debts (Interest) 143 Freedom of Information 143 Ecologically Sustainable Development 151

Appendices 153 Reports by the Auditor-General 154 Reports by the Ombudsman 154 Legislative Assembly Committee Inquiries and Reports 154 Legislation 155 Regulatory Activities 157 Advisory and Consultative Boards and Committees 162 Service Purchasing Arrangements/Community Grants/Assistance/ Sponsorship 170 Other Sources of Information 171

Annexed Reports 173 ACT Administrative Appeals Tribunal 177 Agents Board 183 Chief Coroner of the Australian Capital Territory 241 Children’s Court 251 Commissioner for Land and Planning 255 Credit Tribunal 259 Discrimination Tribunal 263 Essential Services Consumer Council 269 Guardianship and Management of Property Tribunal 303 Mental Health Tribunal 313

6 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Contents

Official Visitor – Remand 325 Registrar of Co-operative Societies 333 Residential Tenancies Tribunal 337 Sentence Administration Board of the Australian Capital Territory 343

Compliance Index 353 Alphabetical Index 356

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 7 Glossary

GLOSSARY OF ABBREVIATIONS & ACRONYMS

AAT Administrative Appeals Tribunal ACT Australian Capital Territory ACTAS ACT Ambulance Service ACTCS ACT Corrective Services ACTFB ACT Fire Brigade AFAC Australian Fire Authorities Council AFP Australian Federal Police AIRS Australian Incident Reporting System AJAC Aboriginal Justice Advisory Committee ASIC Australian Securities and Investment Commission ATSI Aborginal or Torres Strait Islander AWAs Australian Workplace Agreements BDM Births, Deaths and Marriages BNA Business Names and Associations BRC Belconnen Remand Centre CAD Computer Aided Dispatch CGC Commonwealth Grants commission CISM Critical Incident Stree management CIT Canberra Institute of Technology CLASP Community Liaison Advisory Safety program CMD Chief Minister’s Department CNG Compressed Natural Gas COAG Council of Australian Government COAST Client Order and Sentence Tracking CSMC Corrective Services Ministers’ Conference DPP Director of Public Prosecutions DWGDesignated Work Group EBA Enterprise Bargaining Agreement EEO Equal Employment Opportunity ESB Emergency Services Bureau ESRC Essential Services Review Committee

8 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Glossary

FIU Fire Investigation Unit FOI Freedom of Information FTAC Fair Trading Advisory Committee FVIP Family Violence Intervention Program GIS Geographical Information System GMPT Guardianship and Management of Property Tribunal GSO Government Solicitor’s Office IAMA Institute of Arbitrators and Mediators Australia ICS Incident Control Systems IDMS Integrated Document Management System InTACT Information Technology ACT IPMP Injury Prevention and Management Project IT Information Technology JACS Justice and Community Safety JESC Joint Emergency Services Complex JFAIP Juvenile Fire Awareness and Intervention Program LTRWVA Learning to Relate without Violence and Abuse MECC Medical Emergency Co-ordination Centre NICTA National Information Centre of Technology Australia NRMA National Roads and Motorist’s Association Ltd NSW New South Wales OCA Office of the Community Advocate OFT Office of Fair Trading OH&S Occupational Health and Safety OPT Office of the Public Trustee ORB Office of Rental Bonds PCLDB Person from a culturally or linguisticallly diverse background PCO Parliamentary Counsel’s Office PDC Periodic Detention Centre PDMS Parliamentary Document Management System PPE Personal Protective Equipment PRD Policy & Regulatory Division PSMA Public Sector Management Act (1994)

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 9 Glossary

PWD Person with a disability RAAP Road Awareness and Accident Prevention Program REI Real Estate Institute RGORegistrar General’s Office RTORegistered Training Organisation SAAP Supported Accommodation Assistance Program SDT Staff development and Training STRC Symonston Temporary Remand Centre TASTenants Advice Service TIS Translating and Interpreting Service TMLAS Trade Measurement Licensing Accreditation Scheme USAR Urban Search and Rescue

10 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Chief Executive’s Overview

Chief Executive’s Overview The bushfires that afflicted Canberra during January 2003 had a huge impact on the entire community and the effects will be felt for years to come. A state of emergency was declared for the first time in the ACT on 18 January and with four lives lost, over 500 homes destroyed, our rural sector devastated, utilities disrupted and pine forests lost, the effect on the ACT community was overwhelming. Perhaps more enduring even than this enormous loss of property are the personal, often traumatic memories and stories of so many people who are still coming to terms with their experience of the fires. Some 23 of our staff were affected adversely through loss or damage to their own homes or those of close relatives. Full recovery will take a long time but the resilience of the victims in the immediate aftermath and the response of the Canberra community who so quickly and comprehensively came to their aid were two of the more positive features of what otherwise was a calamity. The Emergency Services Bureau, its full time staff, the many hundreds of volunteers in the Bushfire Service and Emergency Service, and the firefighters from the ACT land agencies, all did their best to protect the city in the face of overwhelming odds and against a fire on 18 January which was, in many respects, unique. That they were unable fully to do so is starkly obvious but that should not detract from their very professional and often heroic efforts throughout January. Fortunately, no firefighters lost their lives but we did lose vehicles, other equipment and a helicopter engaged in water bombing crashed into Bendora Dam. The pilot's life was saved through the courageous efforts of the Snowy Hydro SouthCare helicopter crew and the help of Chief Minister Jon Stanhope and Chief Fire Control Officer Peter Lucas-Smith who, fortuitously, were in the vicinity at the time and assisted in retrieving the pilot from the dam and resuscitating him. The pilot has since made a full recovery. As the fire threat worsened in the days following the initial lightning strikes on 8 January, assistance was sought from other jurisdictions and provided unstintingly. We owe debts of gratitude to the NSW Rural Fire Service, the NSW Fire Brigade, the three armed services, the Queensland Fire Brigade, Emergency Management Australia and the Meteorological Bureau. These organisations and many others provided personnel, equipment and expertise which was vital to the firefighting effort. Their assistance was supplemented by many people from across the ACT public sector and the general community who helped with a myriad of tasks to support and sustain the firefighters as the campaign increased in scale.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 11 Chief Executive’s Overview

At the end of the period covered by this report, two inquiries into the bushfires were underway. The first, due to report by 30 July 2003, is an administrative inquiry by Mr Ron McLeod AM into the operational response to the fires. The second is a coronial inquiry which will report some time in 2004. These inquiries will provide the community with full, independent accounts of the progress of the fires and how they were responded to. They will receive the fullest co-operation of all officers of the Department to ensure all lessons are learned and applied to improve future operational performance.

At this point, it should be noted that many of the staff and volunteers involved in the firefighting effort are still grappling with their inability to prevent the devastation of 18 January. In the broader public domain, there has been comment and speculation about aspects of the firefighting campaign with a focus on some of the senior decision makers. Findings will be made in due course by the two inquiries about contentious issues but it is important not to lose sight of the fundamental professionalism displayed at all levels, including the emergency services leadership, during this most testing of times.

It is inevitable that the future shape of the emergency services will be affected by the events of January and the outcome of the inquiries now underway. In the meantime, delivery of emergency services will benefit from the completion of several major projects which were committed to before the fires struck. These projects include examination of options for a new headquarters for the Emergency Services Bureau, the installation of a new computer aided dispatch system for the emergency services and development of options for a new radio communications system.

The January fires demonstrated the need for each of these initiatives. For example, the existing headquarters at Curtin, a converted school, was unable to cope with the increased operational activity and numbers of personnel who became involved when the fire fighting operation reached its climax. The total investment involved will be in the tens of millions of dollars but each project is critical to the effectiveness of our emergency services.

The recovery effort to assist the victims of the fires has been widely acknowledged as a major success which was contributed to by the combined efforts of agencies and personnel from across the ACT public sector, non-government organisations and many public spirited individuals. The Public Trust Office made an important contribution through assisting the Bushfire Appeal Fund to collect, manage and distribute appeal monies to victims, and the Registrar-General's Office also helped directly by quickly replacing, free of charge, important documentation destroyed in the fires such as certificates of title and over 950 birth, death and marriage certificates.

12 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Chief Executive’s Overview

The 2002-03 year was also of special significance for the Supreme Court with the retirement of Chief Justice Jeffrey Miles AO and the appointment of his successor as Chief Justice, Justice Terence Higgins. Former Chief Justice Miles, with whom the Department had a long association, will be fondly missed. Former Master of the Supreme Court, Terence Connolly, was appointed a Judge, and Mr Neville Harper was appointed Master in his stead. The Department looks forward to working with, and supporting Chief Justice Higgins, Justice Connolly and Master Harper in their new roles in the years ahead.

To these changes in judicial personnel was added the appointment of Bruce Kelly as Courts Administrator. Bruce, formerly Sheriff of NSW, replaced Martin Toohey who made a significant contribution to the Courts as the initial ACT Courts Administrator.

Other important developments in the Courts included a commitment by Chief Justice Higgins and Chief Magistrate Cahill to the harmonisation of the rules of the two Courts. This is a technical project of major scope but, when completed, will be of considerable assistance to legal practitioners, litigants and other users of the Courts. The 2003/4 budget, introduced during the year, provides funds for a new criminal case management system for the Supreme and Magistrates' Courts. This will build on the successful Court of Appeal project to provide the Courts with much needed, modern technology to support judicial and administrative processes.

The Supreme Court embarked on a pilot mediation trial which will see appropriate cases referred for mediation by mediators provided through the Institute of Arbitrators and Mediators Australia. The Administrative Appeals Tribunal will also be referring planning cases to mediation from 1 July 2003. The use of mediation and other alternative means of dispute resolution can be expected to feature more prominently in future.

ACT Corrective Services was finally able to implement a solution to the over-crowding which has plagued the Belconnen Remand Centre over years. Alterations to the Periodic Detention Centre at Symonston were completed to allow it to operate from November 2002 as a Temporary Remand Centre. The new facility has had an immediate beneficial effect and should see a significant reduction in the criticism and complaints which were a feature of our inability to hold all remandees at Belconnen. A major benefit of the new facility is the elimination of the need to hold some remandees in the NSW correctional system, thereby removing another source of discontent from the system.

Work continues towards the goal of a new prison in the ACT to hold remandees and sentenced prisoners with a Government commitment to the construction of a new facility. Planning and preparation for the new gaol will be a major task over the next couple of years.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 13 Chief Executive’s Overview

The Department was heavily involved during the year in supporting the activities of the Bill of Rights Consultative Committee established by the Government to inquire into whether the ACT should have a Bill of Rights. The Committee was chaired by Professor Hilary Charlesworth and included the Executive Director of the Department's Legal Policy and Regulatory Division, Elizabeth Kelly.

The work of the Committee stimulated widespread interest and debate in the ACT and beyond. A deliberative polling exercise was an innovative feature of the Committee's work which culminated in the presentation of its report to Government in May 2003.

Work on the criminal code continues with legislation dealing with property damage and computer offences enacted during the year. This long term, complex project to develop a modern criminal code for the ACT is being managed by the Policy and Regulatory Division and will be a major achievement when completed. This legislative work is complemented by the release in November of the Criminal Justice Strategic Plan which will provide a systemic focus for criminal justice planning and policy.

The Plan acknowledges that, whilst elements of the system must operate independently, there are common objectives that all can work towards. All the agencies involved in the ACT criminal justice system took an active part in formulating the plan and it is intended to now use it as a vehicle to engender co-operative, strategic responses to criminal justice challenges. This approach will be assisted by research outcomes, such as a project on Recidivist Offenders in the ACT (commissioned from the Australian Institute of Criminology) which will report its findings next year.

The year also saw a serious focus on international and national security issues. A significant agenda of review of anti-terrorist planning and response arrangements across the nation is being undertaken as a co-ordinated exercise directed by the National Counter Terrorist Committee. The ACT's responsibilities are being managed by ACT Policing and the Policy and Regulatory Division of the Department. Funds provided in the 2002-03 budget are being used to employ a senior officer to assist in policy formulation on security issues and to manage a critical infrastructure protection project within the ACT. National security and anti terrorist issues will continue to be a priority in the year ahead.

The Department of Justice and Community Safety consists of a relatively large number of agencies, most small in size and many of which have independent, statutory functions. In November 2002 we commenced a review of the way the Department provides corporate and support services to identify the most efficient model for our needs. Four executive committees chaired by cost centre managers were formed to progress this work.

14 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Chief Executive’s Overview

This exercise, called 'Corporate Renewal' involves analyses and 'mapping' of services in relation to financial and budget management, human resources and personnel functions, procurement and asset management and information technology. One of the options being explored is a shared services concept which might have more administrative support provided centrally. A business case will be developed and decisions made next year on how best to provide these services to our cost centres.

In conclusion, I would like to thank all officers of the Department for their contributions in a year that will remain in our memories for a long time to come. I would specially like to acknowledge the professionalism and strength of character of those officers, particularly in the Emergency Services Bureau, who have been coping with extraordinary demands and pressures which continue to affect them long after the fires were extinguished.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 15 Mission Statement Organisational Profile and Content Mission Statement The department and its agencies pursue the mission through strategies to achieve the following outcomes. • To ensure community confidence that the liberty, safety and property of the ACT community are protected. • A readily, accessible, timely and comprehensive system of justice. • Maintenance of the integrity and independence of the courts. • Policing services that effectively protect the citizens and their property. • Timely, appropriate, consistent and fair resolution of civil disputes and sanctions applied to criminal offenders. • Community confidence in the integrity and probity of commercial transactions. • Corrective services that are appropriate to the ACT’s needs and resources and that reduce offending behaviour. • A democratic system of government. • Management of emergencies, development of counter-disaster plans and provision of a range of emergency services to protect life and property from the effects of fire, road accidents and other emergencies in all areas of the ACT. In achieving these outcomes the department operates in collaboration with other ACT Government agencies, whole-of-government initiatives, the community and other jurisdictions. The structure of the department remained unchanged during the year. With the establishment of the ACT Planning and Land Authority on 1 July 2003, the Office of the Commissioner for Land and Planning ceased to exist on 30 June 2003.

16 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Structure Chart

Department of Justice & Community Safety Chief Executive: Mr Tim Keady

POLICY & REGULATORY DIVISION Output 1.1. Policy Advice 3.1 Regulatory Services * ACT LEGAL AID OFFICE (Office of Fair Trading) Chief Executive: Chris Staniforth To balance competing rights and interests to protect the interests of the Territory and its residents by improving community safety and access to justice, and by promoting fair dealing and safety in the marketplace. * DIRECTOR OF PUBLIC Executive Director and Commission for Fair Trading: Elizabeth Kelly PROSECUTIONS Director: Richard Refshauge SC ACT LAW COURTS AND TRIBUNALS Output 2.1 Administration of Justice To be recognised by the ACT community as providing high quality, * OFFICE OF THE professional, efficient and timely, informative and empathetic adjudication of disputes, resolution of questions of law and fact and COMMUNITY ADVOCATE other related services within the jurisdiction of the Courts Community Advocate: Heather McGregor OAM Courts Administrator & Sheriff of the ACT: Bruce Kelly

ACT GOVERNMENT SOLICITOR’S OFFICE Output 2.3 Legal Advice and Representation Services * ELECTORAL COMMISSION To protect the interests of the Territory, its Ministers and agencies by Electoral Commissioner: Phillip Green providing them with high quality and timely legal service in a professional and cost effective manner. Chief Solicitor: Philip Mitchell

* ACT HUMAN RIGHTS OFFICE ACT PARLIAMENTARY COUNSEL’S OFFICE Discrimination Commissioner: Output 2.4 Legislative Drafting Services Rosemary Follett To provide high-quality and timely legislative drafting, republication and information services and improve public access to ACT legislation and legislative information, particularly through the ACT legislation register. * OFFICE OF THE COMMISSIONER FOR LAND & PLANNING Parliamentary Counsel: John Leahy Commissioner: John McInerney ACT REGISTRAR-GENERAL’S OFFICE Output 3.1 Regulatory Services To deliver high quality and timely service, access and advice relating * PUBLIC TRUSTEE FOR THE ACT to the registration and management of Land Titles; Births, Deaths Public Trustee: Diane Kargas and Marriages; Business Names and Associations; and Residential Rental Bonds records. Registrar-General: Andrew Taylor *the above Agencies produce their own Annual Reports ACT EMERGENCY SERVICES BUREAU Output 4.1 Prevention/Mitigation 4.2 Response To minimise the effects of fire, road accident, medical and other Commonwealth bodies providing services emergencies and to mitigate the potential effects of disasters. on an agency basis: Executive Director: Mike Castle • Australian Federal Police (ACT Region) • Commonwealth Ombudsman ACT CORRECTIVE SERVICES • Commonwealth Privacy Commissioner Output 5.1 Corrective Services To protect the community by providing a safe, secure and humane correctional system which encourages offenders to rehabilitate. Director: James Ryan AM

CORPORATE SERVICES Director: Michael Ockwell

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 17 Corporate Governance

Corporate Governance In November 2002 the department commenced a review of its corporate services and support areas to ensure these services are provided in the most cost effective and efficient manner. This exercise, which has been titled ‘Corporate Renewal’,has involved an analysis of the way in which corporate services (financial and budget management, human resources and personnel, procurement and asset management and IT servicing) are being provided across the organisation, the resources involved, possible areas of duplication or inefficiency, and the identification of possible improvements. With the analysis and ‘mapping’ exercise now having been completed, the Department is currently exploring, through the development of a business case, whether the ‘shared services centre’ concept might be an appropriate model for the delivery of departmental corporate services. As part of the Corporate Renewal process, the department’s executive group meetings have been revamped and four executive committees (Finance, Human Resources, Procurement and Asset Management, and Information Management) have been established to guide the process and to develop strategy and policy for each of these areas. Each committee is chaired by a member of the department’s executive and senior executives comprise the membership. These committees meet on a regular basis and now constitute part of the department’s governance arrangements. Most agencies of the department, particularly the larger ones, for example the Emergency Services Bureau, ACT Corrective Services, ACT Courts Administration, the Policy and Regulatory Division, the Registrar General’s Office, the Public Trust Office and the Government Solicitors Office, all have management committees operating as part of their governance arrangements. The Executive Directors and Directors of the department’s major agencies meet individually with the Chief Executive on a regular basis, usually weekly. The department’s agencies are encouraged to develop and maintain business plans to assist in charting their strategic direction, budget formulation and to monitor and manage their performance. During the year the department reviewed its internal audit arrangements. On 15 May 2003 the department’s re-constituted Internal Audit Committee met for the first time. This Committee, which has been established in accordance with the Government’s recently adopted internal audit policy and protocols, has an independent chair and comprises a number of senior executives. It is meeting on a regular basis and has instituted a review of risk management across the department to assist in developing an internal audit program for the next two years.

18 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety External Scrutiny

An officer from the Corporate Services area has been assigned full time to support the Internal Audit Committee, the internal audit program, to undertake minor internal audits and to manage business risk and fraud awareness. This officer, in conjunction with the Executive Director Corporate and the Human Resources manager is also concerned with the promulgation and maintenance of ethical standards across the department. This is also a focus of the department’s broader governance arrangements. Also in terms of the department’s governance arrangements, as required the remuneration of senior executives is determined in conjunction with the Chief Minister’s Department in accordance with relevant legislation, and the Government’s policies and practices.

External Scrutiny

Judicial Decisions and Decisions of Administrative Tribunals There have been no judicial decisions or decisions of administrative tribunals that have had, or may have, a significant impact on the operations of the department. Reports by the Auditor-General, a Legislative Assembly committee or the ACT Ombudsman There has only been one Auditor-General’s report that related specifically to activities of the department – see Appendices – Reports by the Auditor-General.

Commonwealth Grants Commission Commonwealth funding accounts for a significant portion of the ACT’s General Government Sector revenues. The Commonwealth Grants Commission (CGC) undertakes a review of this funding every five years, the previous review being conducted in 1999. In this context the department contributed considerable resources to assist the ACT to present a case to the CGC 2004 Review. This input related primarily to the areas of administration of justice, public safety and cross border assessment including the issues of ambulance services and policing. In particular, the department contributed towards: • collecting data required by the CGC; • the ACT special circumstances conference; • the ACT’s Main and Rejoinder Submissions to the CGC; and • responses to the CGC’s discussion papers on special issues.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 19 External Scrutiny

In the course of its review, the Commission visited Canberra in November 2002 and the department made presentations to members at the Gungahlin Joint Emergency Services Centre (JESC) and the ACT Supreme Court. The purpose of these presentations was to provide a forum where members of the Commission had the opportunity to further familiarise themselves with special circumstances faced by the ACT.

Report on Government Services 2003 The Review of Commonwealth/State Service Provision was established by heads of government in 1993 to develop objective and consistent data on the performance of services that are central to the wellbeing of Australians. Reports are prepared annually by the Productivity Commission on a broad range of government services including courts, corrections, police and emergency management. Data is provided for all jurisdictions with comparative tables and commentary on a range of performance measures that might be used for benchmarking purposes. During the year under review the department provided data relevant to Court Administration, ACT Corrective Services, ACT Policing and the ACT Emergency Services Bureau. This data formed part of the final report that was delivered in February 2003. A Steering Committee, comprising senior representatives from the central agencies of all governments managed the review with the assistance of a secretariat provided by the Productivity Commission. Departmental representatives formed working groups that reported to this committee. The report assists the department to improve the performance of its services through: • enhancing measurement approaches and techniques in relation to aspects of performance such as unit costs and service quality; • helping to identify where there is scope for improvement; and • promoting greater transparency and informed debate about comparative performance.

20 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review (Objectives, Major Achievements and Issues)

ANNUAL REPORT 2002 – 2003 22 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Policy & Regulatory Division

Policy & Regulatory Division

OUTPUT 1.1 Policy Advice Total cost $4.710m OUTPUT 3.1 Regulatory Services Total cost $7.398m (Office of Fair Trading) See volume 2 pages 83 and 92

Policy & Regulatory Division balances competing rights and interests to protect the interests of the Territory and its residents by improving community safety and access to justice, and by promoting fair dealing and safety in the marketplace.

Key Objectives • Promote access to justice by establishing a strong civil and criminal law framework and providing high quality and timely policy advice to Government. • Promote community safety by enhancing the safety of consumer products and services and creating a justice system that ensures the protection of the vulnerable and disadvantaged in our community • Promoting consumer and business confidence by providing effective consumer affairs information and resolution services and an effective regulatory regime to enhance standards within identified industry sectors in the ACT. • Promote community partnership and customer service by creating a customer-focused organisation where we work with other agencies and the community to meet our clients’ needs and exceed their expectations. • Develop and recognise our people and their contributions by working together in a capable and professional environment where we help each other achieve, learn and grow. • Develop improved and innovative business processes that enable us to deliver efficient and cost effective services.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 23 year in review Policy & Regulatory Division

Key Achievements 2002-2003 Access to Justice

Bill of Rights The Division continued to provide support to the ACT Bill of Rights Consultative Committee, in particular, to assist the Committee to carry out an innovative and comprehensive public consultation process and to draw together resources and expertise in drafting its final report. In November 2002, the first Deliberative Poll was conducted in Canberra, in conjunction with an independent research organisation. The poll considered whether the ACT should have a Bill of Rights and, if so, what it should contain. The results indicated that prior to the poll, a small majority of the 200 randomly selected residents who participated were in favour of a Bill of Rights for the ACT (52%), a substantial minority rejected one (32%) and 22% were undecided. After the opportunity to learn more about the issues and question the experts, the undecided group split evenly for and against a Bill of Rights, with a larger majority in favour (59%) and a larger minority against (41%). The poll demonstrated that innovative consultation on major public policy issues was possible, particularly in conjunction with community partners including the Australian National University and the University of Canberra, who provided valuable resources and expertise to the conduct of the poll. The Committee presented its report to the Chief Minister on 22 May 2003. The Division is currently coordinating a Whole of Government response to the report.

Same sex, transgender and intersex law reform The Division reviewed all ACT legislation to identify provisions that discriminate against same sex couples, or against transgender or intersex people. The review identified 70 acts and regulations that contained potentially discriminatory provisions and focussed on reproductive and parenting rights, the registration of relationships, anti-vilification legislation, the defence of provocation, addressing the needs of transgender people and intersex people and normalising surgery. A comprehensive consultation program was conducted in which an issues paper was released and 338 public submissions were received. In addition, a number of focus groups were conducted with persons directly affected. Amendments to 37 pieces of discriminatory legislation that could be readily remedied were passed in March 2003 and a full report of the review was tabled in the Legislative Assembly in May 2003. The Division is currently developing policy and legislation to address the outstanding issues, including the removal of discriminatory provisions in relation to adoption and reproductive rights.

24 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Policy & Regulatory Division

Criminal Code The Division developed legislation to fully enact the principles of criminal responsibility that underpin the Model Criminal Code and commenced the process of renovating criminal law in the ACT by gradually re-enacting it in a way that is consistent with the Code. This year property damage, computer offences and the corporate criminal liability provisions have been enacted. A bill concerning the evidence provisions relating to sexual offences such as the confidentiality of counsellors notes has been presented to the Assembly and those chapters of the Code that relate to sexual offences, theft, fraud and bribery are currently being prepared.

Tort Reform In the context of the issues that arose for the insurance industry in 2002, the Government announced a three-stage process for the reform of ACT tort law. The first stage, the Civil Law (Wrongs) Amendment Act 2002, consolidates all tort law provisions, makes a number of technical and procedural changes such as the abolition of civil juries and provides for neutral evaluation. The second stage, the Civil Law (Wrongs) Amendment Bill 2003 amends the 2002 Act to take account of the recommendations of recent national reviews on insurance and tort law reform. The proposed reforms aim to provide greater certainty in personal injury outcomes, particularly in the case of medical negligence, and foster efficiency in case processing and pre-trial management. Stage Three of the reform process will focus on court rules and will continue over the next year. Promoting Community Safety

Counter Terrorism Policy As part of its Whole of Government responsibility for counter terrorism policy, the Division clarified the governance framework for the ACT response to a terrorist incident, made a significant investment in additional staff and training and continued to implement the work of the National Counter Terrorist Committee within our jurisdiction. The Security Coordination Committee was established to oversee counter terrorist policy and the critical infrastructure protection project was commenced. Preparations culminated in the national Operational Exercise “New Deal” in May 2003, a multi-jurisdictional terrorist simulation designed to test preparedness to respond to multiple terrorist incidents within and across jurisdictional boundaries.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 25 year in review Policy & Regulatory Division

Right Turn Project The Division, in conjunction with the Youth Services Branch of the ACT Department of Education, Youth and Family Services and the Canberra Institute of Technology, established the Right Turn Project. The project aims to provide ‘high risk’ young offenders, who have been involved in the theft of motor vehicles, with the opportunity to gain nationally accredited qualifications in motor vehicle repairs by reconstructing a vehicle in a structured environment. In the process, the participants acquire valuable vocational and life skills. The restored vehicle is given to an unrelated victim of motor vehicle theft in a public ceremony which brings restorative benefits to all parties. The results of the program so far are impressive. Of the five participants in the first class, four are now employed using the skills they gained in the program. Of the four participants in the second program, three are now similarly employed.

Drink Spiking In response to a disturbing new trend in licensed premises, the Office of Fair Trading, in conjunction with the Australian Federal Police and the Australian Hotels Association, conducted a campaign to educate patrons about the dangers of drink spiking. A range of appropriate merchandise bearing the slogan “Watch your drink, Watch your friend” was produced and distributed by the Office.

Stolen Property Recidivist Research In order to be better placed to develop law enforcement and crime prevention initiatives, research into the ACT stolen property market was completed during the year. Findings demonstrated that offenders’ choices about the property they steal are based on such factors as ease of transportation from the scene and marketability of the items in terms of the likely return for cash or drugs. Offenders usually dispose of property within hours of the theft, at a price discounted well below its real value and use a variety of outlets for disposal, including criminal fences or drug dealers, but also legitimate businesses and otherwise apparently law-abiding citizens. Promoting consumer and business confidence

Motor Vehicle Service and Repair Industry Campaign In September 2002, the Office of Fair Trading relaunched the Motor Vehicle Service and Repair Industry Code of Practice. All repairers were provided with a package of materials to explain the application of the Code and its impact on consumers. This was followed by a compliance campaign in which all ACT repairers were visited to establish their registration status. Those repairers who were unwilling to register under the Code of

26 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Policy & Regulatory Division

Practice were issued with enforceable undertakings requiring registration as a condition of further conducting business. The Office sought to enforce non-compliance with the undertaking in the Magistrate’s Court. Unfortunately, the court declined to enforce the undertaking due to a technical anomaly in the legislation. This anomaly is now being rectified.

Consumer and Trader Tribunal The new Tribunal was established to hear disciplinary matters relating to the conduct of real estate, stock and station, business, employment and travel agents and the security industry and appeals against licensing and registration decisions for these industries. It is envisaged that the jurisdiction of the Tribunal may be later expanded to handle consumer complaints and review licensing decisions for other industries.

Agents Act 2003 The first major revision of this legislation since 1968 produced a new Act that introduces a level of consumer protection noticeably absent from the previous legislation. The Act covers real estate, stock and station, business, employment and travel agents and will deliver a cost effective, independent licensing and disciplinary system that is more accessible, transparent and accountable to consumers.

Credit Tribunal Proceedings Long running proceedings involving misleading contracts offered to customers of the ANZ Bank was settled. The settlement resulted in $223,125.00 being paid by ANZ Bank into the Financial Counselling Trust Fund.

Security Industry The Security Industry Act 2003 regulates the ACT security industry, including guards, alarm installers and bouncers. The ACT security industry employs approximately 2,000 Canberrans and is estimated to be worth $60 million per annum. The legislation replaces the five older Codes of Practice. The Act provides for applications for licences, specific licence requirements, including training, and a range of offences.

Trade Measurement Licensing Accreditation Scheme After consultation with industry, a Trade Measurement Licensing Accreditation Scheme (TMLAS) was implemented by the Office of Fair Trading in February 2003. The scheme introduces quality management systems and procedures for licensed service organisations which repair and certify measuring instruments in use for trade. The TMLAS aims to raise the quality and competence of licensees and increase consumer confidence in the accuracy of scales and petrol pumps in the marketplace.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 27 year in review Policy & Regulatory Division

Promote community partnership and customer service

Opening of the ACT Consumer Law Centre The Consumer Law Centre was opened by the Chief Minister in January 2003 providing a boost to consumer protection in the ACT. The new Centre provides advice to the community on a variety of issues involving consumer credit, utilities, telecommunications and general trade practices and fair trading legislation.

Enhanced Community Education by the Office of Fair Trading In partnership with the ACT and Region Chamber of Commerce and the Retail Traders Association, the Office initiated a lay-by sales education program for traders. Over 100 traders were visited by compliance inspectors in the Tuggeranong Valley and provided with information about lay-by sales, along with sample material for traders to provide to lay-by sales customers. The program will continue into next financial year and expand into Woden, Civic and Belconnen. A general consumer information and education program was undertaken by the Office from its stand at the Royal Canberra Show in February 2003. New brochures and promotional products were given to consumers to raise awareness of their rights and to explain the services available from the Office of Fair Trading. The Office maintained contact with members of regulated industries through the distribution of industry specific newsletters throughout the year. Many young members of the community received fair trading and alcohol awareness advice as a result of the Office's school presentations program.

The Fair Trading Advisory Committee (FTAC) The FTAC was constituted and met for the first time in June 2003. The Committee is a broadly representative group of consumer and community organisations. It is currently developing its charter to fulfil the advisory role it is given under the Fair Trading Act.

Develop and recognise our people and their contributions The Division has completed recruitment to a revised staffing structure that provides appropriate recognition of expertise and clear paths for future development. There has been a significant increase in the resources devoted to staff training and development, particularly in relation to the core skills in the Office of Fair Trading. Performance Development Guidelines have been developed in close consultation with all staff members and are to be implemented fully in the next 12 months.

28 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Policy & Regulatory Division

Develop improved and innovative business processes

Integrated Business System The Office of Fair Trading has finally acquired an integrated business system to support its operations and replace the multitude of databases used by the different business units within the Office. The new business system represents essential infrastructure for improved and innovative business processes and will allow the compliance, consumer complaints, registration and licensing and community education units to function as one for the first time. It will also allow the collection and analysis of data to enable a clear view of the marketplace in the ACT.

Ministerial Services The Ministerial Services Unit has put in place processes for improving the timeliness and quality of ministerial correspondence and briefings. To support the new processes, and to replace the range of databases used by the unit, the Parliamentary Document Management System (PDMS) is being trialled. PDMS allows the Department to move towards an electronic document management system for ministerial items and will enhance the capacity of the Department to be more responsive to needs of the Ministers' offices.

Contact Manager, Business Services Unit 6207 0541 www.jcs.act.gov.au www.fairtrading.act.gov.au

These are some of our people from the Office of Fair Trading, Policy and Regulatory Division

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 29 30 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Law Courts & Tribunals

ACT Law Courts & Tribunals

OUTPUT 2.1Administration of Justice Total cost $21.100m

See volume 2 page 84

To be recognised by the ACT community as providing high quality, professional, efficient and timely, informative and empathetic adjudication of disputes, resolution of questions of law and fact and other related services within the jurisdiction of the Courts.

ACT Law Courts & Tribunals provides integrated administrative, policy and operational support to the Territory’s Judiciary, and direct registry, case management and associated services to the clients and stakeholders of the court system. As an administrative unit of the Department, it is responsible for enhancing the community’s direct access to justice and maintaining the independence of the Judiciary. ACT Law Courts & Tribunals comprises the following areas of operation: Executive Supreme Court registry Magistrates Court registry Sheriff’s Office Russell Fox Library Business Services Unit It also manages contracted services in the areas of court recording and transcription, as well as physical security services.

Supreme Court The Supreme Court is a superior court of record, and is the senior court of original jurisdiction in the Australian Capital Territory. The Supreme Court has unlimited civil and criminal jurisdictions, and exercises an appellate and supervisory jurisdiction in respect of the Magistrates Court and Tribunals.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 31 year in review ACT Law Courts & Tribunals

Court of Appeal The Court of Appeal exercises its appellate jurisdiction under Part 2A of the Supreme Court Act 1933.The ACT Court of Appeal was created pursuant to S.37E of the Supreme Court Act 1933 and following the commencement of the Commonwealth’s Jurisdiction of Courts Legislation Amendment Act 2002 on 14 October 2002, the Court of Appeal began exercising its full general appellate jurisdiction. The Court of Appeal consists of the four resident judges, including the President of the Court of Appeal, and eight additional judges. The first full Court of Appeal sittings were held in November 2002. The Court of Appeal sits for two weeks in each sitting. Sittings are scheduled in February, May, August and November each year.

Magistrates Court The Magistrates Court has limited jurisdiction to hear and determine civil and criminal cases across an extensive range of disputes, including: • civil debt and damages; • workers’ compensation matters; • breaches of the criminal law; and • domestic violence and personal protection orders. The Court’s jurisdiction also includes the Coroner’s Court and the Children’s Court. The 2002-2003 Annual Reports from the Chief Coroner, the Children’s Court Magistrate and the individual Presidents of the Tribunals are annexures to this Report. Law Courts & Tribunals staff provide all registry and administrative support to these Courts and the Tribunals associated with them. The Magistrates of the Court conduct regular circuits to both Jervis Bay and Norfolk Island.

Tribunals The following Tribunals operate within the framework of the Magistrates Court: • Administrative Appeals Tribunal • Australian Capital Territory Credit Tribunal • Discrimination Tribunal • Guardianship and Management of Property Tribunal • Mental Health Tribunal • Residential Tenancies Tribunal

32 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Law Courts & Tribunals

People of the Courts Supreme Court The Supreme Court consists of the four resident judges - Chief Justice Higgins, Justice Crispin, who is also the President of the Court of Appeal, Justice Gray and Justice Connolly. There are eight additional judges, each of whose primary commission is as a Judge of the Federal Court of Australia, and a Master, Master Harper. Chief Justice Miles retired from the Court on 30 September 2002 after 17 years in that office. On 1 October 2002 he was appointed as an Acting Judge of the Supreme Court for a period of 12 months. On 31 January 2003 Justice Higgins was appointed the Chief Justice of the Supreme Court. On that day Master Connolly was appointed as a Judge of the Court. Mr David Clement Darold Harper OAM BA LLB FAICD was appointed the Master of the Court and took up his appointment on 7 April 2003. On 17 February 2003 Justice Weinberg was appointed as an additional judge of this Court. On 6 June 2003 Justice Von Doussa resigned his commission as an additional Judge of the Court.

Magistrates Court The Magistrates Court consists of eight resident Magistrates. The Chief Magistrate is Mr Ron Cahill and the Magistrates are Mr Michael Somes, Mr Peter Dingwall, Mr John Burns (the Children’s Court Magistrate), Ms Karen Fryar, Mr Shane Madden, Ms Beth Campbell and Mrs Maria Doogan. Three Special Magistrates were utilised during the year - Ms Elizabeth Symons, Mr Phil Thompson and Mr Grant Lalor.

Tribunals The President of the Administrative Appeals Tribunal is Mr Michael Peedom. Presidential members of the remaining Tribunals are either the Chief Magistrate or one of the other Magistrates. The Attorney-General appoints legal, professional and lay members of the Tribunals.

ACT Law Courts & Tribunals Mr Bruce Kelly was appointed as the Courts Administrator and Sheriff of the ACT in January 2003 following the retirement of Mr Martin Toohey in August 2002. The Registrar of the Supreme Court is Mrs Jill Circosta. The Registrar of the Magistrates Court is Mr Phil Thompson, who also holds an appointment as a Special Magistrate.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 33 year in review ACT Law Courts & Tribunals

Key Objectives • To provide value-for-money to the ACT community by achieving the agreed outputs and outcomes within the budget. • To provide for the professional and efficient administration of justice. • To focus on the needs of clients. • To continuously improve and refine caseflow management and operations of the Courts and Tribunals. • To continuously improve our services and foster innovation in the delivery of services. • To ensure that our people are highly skilled and well motivated to meet our objectives in safety.

Key Achievements 2002-2003 •Backlog reduction – The criminal case management process introduced in the Supreme Court on 2 April 2001 reduced the number of matters awaiting listing for trial from 107 cases at its commencement to 39 cases in May 2003. Consultation with the profession and other agencies continues to streamline the procedure. The number of matters awaiting allocation of trial dates continues to decrease with an anticipated consequential reduction in the length of time from committal to finalisation. •Video conferencing – The Supreme Court and the Magistrates Court have installed equipment to allow a direction to be made under the Evidence (Miscellaneous Provisions) Act 1991 that evidence be taken, or a submission made, by audio-visual link. The audio-visual link has been used for connection to the Belconnen Remand Centre and the Goulburn Correctional Centre in various directions hearings where an inmate is a party to those proceedings. It has also been utilised by courts in Western Australia and the Northern Territory for the taking of evidence. •Mediation – The Supreme Court and the ACT Chapter of the Institute of Arbitrators and Mediators Australia (IAMA) have commenced a Pilot Project to provide the full range of Alternative Dispute Resolution processes as an adjunct to the Court’s procedures. The project is subject to ongoing evaluation and customer feedback through IAMA for at least six months. In addition, the Deputy Registrars in the Magistrates Court have been trained in mediation techniques as part of the successful case conferencing program. •Information Technology Systems – A new web-based case management system was implemented as a pilot project in the Court of Appeal during the year. The use of electronic appeal books in the Court has been developed, with the first being trialled on 28 October 2002. A major upgrade of the library management system was also implemented during the year, in conjunction with the Department of Justice and

34 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Law Courts & Tribunals

Community Safety’s law library. The acquisitions, serials and circulation functions were considerably enhanced, and both libraries now run on the same server and can share records as well as resources. •Website – From 2002 onwards, the judgments of the Supreme Court and the Court of Appeal became available via the Internet (www.supremecourt.act.gov.au). Information about the Court of Appeal and judges was added during the year, along with a new legal links page. Magistrates Court judgments of special interest are also available on the Internet, as well as the decisions of the Residential Tenancies and Administrative Appeals Tribunals. Court lists are also available through the ACT Law Courts & Tribunals home page www.courts.act.gov.au. New software to manage the website was installed during the year, and procedures for archiving the site in accordance with the Territory Records Act 2002 were implemented. •Restructure of positions - The restructure of the Supreme Court registry positions was completed. All positions, new and reclassified, were advertised in June 2002 and the recruitment process was finalised by December 2002. The former Administration Unit was also restructured during the year to better clarify its corporate support roles and responsibilities, as well as to develop greater capabilities in each of those specialist areas. As a result of these changes, the unit was renamed as the Business Services Unit. •Magistrates Research Project – The Magistrates Court is a key participant in this 4 year national research project being undertaken by Flinders University. The second stage of project, funded by the National Research Council, is now underway, focussing on the background, attitudes and qualifications of Australian magistrates; the daily work of the Magistrates Courts and the interaction between those courts and social service providers. •Policy development – Senior officers have participated in policy projects including sentencing review; pilot project for sexual assault; recidivism and restorative justice projects. •Coroner’s 2003 Bushfire Inquiry – Following the ACT bushfires of January 2003, a range of administrative and logistical support was provided to the responsible Coroner, in collaboration with the Director of Public Prosecutions. The Bushfire Inquiry and the Inquests into the associated deaths formally opened on 16 June 2003 and is expected to continue for the majority of the 2003-04 year. That ongoing support includes procurement of: -expert independent witnesses in areas related to bushfire behaviour and emergency command and control; and -a litigation and courtroom support information technology system, capable of managing the anticipated volume of evidence and transcript.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 35 year in review ACT Law Courts & Tribunals

•Client satisfaction surveys – For the first time, a common client survey was undertaken in June 2003 for both the clients of the Supreme Court and the Magistrates Court. The responses are being analysed and used to improve the services provided to all customers. •Staff satisfaction survey – An internal staff satisfaction survey was also developed and delivered in May 2003. The results are being analysed and will be fed back to all staff as part of identifying opportunities to improve the way people are managed across the organisation. •Internet and Intranet sites – Work has progressed towards consolidating the Supreme Court and Magistrates Court websites into a single ACT Law Courts & Tribunals Internet website. A basic Intranet capability has been developed to beta stage with live production scheduled during the 2003-04 financial year. The Russell Fox Library webpage was updated and enhanced, with a view to making it the main point of access for electronic resources in the Courts. Catalogue records continued to be upgraded to allow for direct access to judgments and ACT Tribunal decisions. •Electronic Security – Existing electronic surveillance systems in the Magistrates Court building were completely updated during the year, providing improved capabilities to monitor, record and respond to any threat to the safety of users of the court, judicial officers and staff. •Consultative Processes – Formal structures were established during the year to promote open communications between the Heads of Jurisdiction and Executive Government, the Senior Executive Group, Senior Officers Group and all staff. Key Targets 2003-2004 • Achieve better financial controls to deliver budget outcomes to the Department, the Government and the community. • Finalise Stage 2 of the Case Management System to extend new, web- based information technology software across the criminal jurisdictions of the ACT Courts. • Assist the Courts and the Government to establish harmonised court rules in both the civil and criminal jurisdictions. • Finalise improvements to disabled access within the Supreme Court. • Control the risks associated with internal balconies in the Magistrates Court. • Complete business cases to Government for a new Supreme Court building and the replacement of the existing Kingston Forensic Medicine Centre. • Expand the use of video conferencing facilities to other areas of the courts’ business, such as bail applications and other interlocutory proceedings. • Expand the availability of the ACT sentencing database to the legal profession. • Commence court user forums with key stakeholders of both Courts.

36 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Law Courts & Tribunals

• Assist the judiciary in improving case management systems to reduce waiting times and clear backlogs of cases. • Implement legislative changes to land and planning appeals within the Administrative Appeals Tribunal, including mediation and statutory time-standards. • Complete a security risk assessment for both of the Courts. • Implement the new “National Key Performance Indicators Framework” in both Courts. • Implement the actions identified in the “ACT Criminal Justice Strategic Plan, 2002-05”.

Strategic Directions for 2003-2004 Improve facilities for users of the Courts, the Judiciary and staff Improvements to the Supreme Court’s facilities and infrastructure remain the highest organisational priority. The ACT Supreme Court building is unsatisfactory for the members of the public (especially people with a disability), jurors, witnesses, the parties involved in cases, the Judiciary and court staff. While real improvements in access for people with disabilities will be achieved in 2003-04, in the medium term the viability of the current building as a court facility is not sustainable. Another priority is to better understand and address the changing risk environment within the courts and tribunals. Through participation in national forums on courts administration, ACT Law Courts & Tribunals is monitoring changing standards in court security across Australia.

Provide a harmonious and efficient joint administrative framework wherein judicial officers, management and staff contribute to the performance and future planning and operations of the Court The key areas identified through consultation with staff and stakeholders for action in 2003-04 are: • Resource Management • Court Security Risk Assessment • Occupational Health and Safety compliance • Public Information Strategy • Internal communications • Court User Forums • Learning and Development and Performance Management • Business Planning systems

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 37 year in review ACT Law Courts & Tribunals

Quarterly meetings of the Courts Strategic Committee, comprising the Heads of Jurisdiction, the Chief Executive and the Courts Administrator, will continue to provide a forum where significant issues affecting the management of the Courts can be addressed. The Joint Library Committee will also meet quarterly.

Consultation and contact with the legal profession, other agencies and justice systems locally, nationally and internationally to network and promote ideas for future improvements that will enhance the ACT Courts performance The ACT Law Courts & Tribunals are involved in ongoing consultation with key stakeholders to consider and make recommendations across a broad range of activities. Key forums include the: • Supreme Court Rules Committee • Appeal Rules Sub-Committee • Law Society’s Civil Litigation Committee • Law Society’s Criminal Law Committee • The Department’s Executive Committee (JACSCOM) and its Sub-Committees • Australian Court Administrators’ Group • Courts Administration Working Group for the annual Council of Australia Government Report on Government Services.

A priority in 2003-04 will be the establishment of both a Steering Committee, comprised of key judicial and internal stakeholders, and a User Advisory Group of representatives from criminal justice and other stakeholder agencies for the new criminal Case Management System project. The Magistrates Court will continue to be a key stakeholder in the Family Violence Intervention Program (FVIP). The FVIP consists of representatives from the Australian Federal Police, the Office of the Director of Public Prosecutions, the Department of Justice and Community Safety, ACT Corrective Services, the Domestic Violence Crisis Service, Family Services, Legal Aid, the Victims Services Scheme and Supported Accomodation Assistance Program. The Program involves the overall coordination and communication between agencies and implementing strategic direction. The new Magistrates Court criminal listing system was introduced in 2002-03, after extensive consultation with key stakeholders. That system will be progressively reviewed and improved over the coming year.

38 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Law Courts & Tribunals

Develop innovation in the Courts to increase efficiencies and disseminate information During 2002-03, the Supreme Court Rules Committee developed and implemented new forms, Rules and Practice Directions in the areas of: • affidavits and affidavit evidence; • fresh evidence in appeals from the Magistrates Court; • consent orders; • judicial review applications; • appeals to the Court of Appeal; • electronic appeal books in the Court of Appeal; • the Civil Law (Wrongs) Act 2002; • a revised guide to Counsel’s scale of fees; and • expert evidence (Joint Courts’ Practice Direction).

The Committee is continuing its work in 2003-04 to reform rules relating to: • notices of motion; • administration bonds; • discovery and inspection; • interrogatories; • enforcement processes; • payments into court; and • comprehensive criminal rules.

The Committee, and its Sub-Committees, will continue to work towards the harmonisation of the Supreme Court and Magistrates Court civil and criminal procedural rules.

Contact Business Manager 6217 4227 www.courts.act.gov.au

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 39 year in review ACT Law Courts & Tribunals

ANNUAL REPORT STATISTICS – COMBINED COURTS 2002-2003

Number of cases in the ACT Magistrates Court (Criminal Listings)

List Type Description 1999–00 2000–01 2002–03

A General Criminal List (Adult List) 32, 167 34, 718 41,706 B General Criminal List (Children’s List) 6, 077 6, 926 5,053 BH Children’s Criminal Hearing List 677 464 185 D Criminal Hearing List 3, 228 2, 670 1,878 ETraffic Hearing List 552 329 359 FH Family Violence Case Management List - 128 1,134 FI Family Violence Mention List - 1, 500 2,319 FV Family Violence Hearing List 205 282 455 HM Criminal Case Management Hearing List 2, 756 3, 989 5,881 KM Children’s Criminal Case Management List N/A N/A 816 PH Part Heard List (Adult) 14, 821 18, 276 16,150 PK Part Heard List (Children) 3, 141 2, 591 2,295 PP Miscellaneous Lists 529 1, 002 1,714 (ANU Parking/Electoral Commission etc) SI Case Status Inquiry List (Adult) 2, 396 603 449 SK Case Status Inquiry List (Children’s List) 2, 875 423 18 TOTAL CRIMINAL 69, 424 73, 901 80,412 *

* “Care Conference” and “Family Law” listings have not been included in the criminal workload statistics for the year 2002-2003.

These are some of our people from ACT Law Courts & Tribunals

40 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Law Courts & Tribunals

Number of cases in the ACT Magistrates Court

Description 2000–01 2001–02 2002–03

Civil Jurisdiction

Applications 77 143 139 Australian Register of Judgments 364 390 345 Claims (incl. Small Claims 4829 5115 5781 Criminal Injuries 156 153 129 Domestic Violence 1283 1158 1317 Foreign Service 6 Auctioneers Applications 191 47 46 Mutual Recognition 4 5 9 Restraining Orders 1049 1311 1196 Workers Compensation 416 486 453 Workplace Orders 87 Total 8,375 8808 9,502

Criminal Jurisdiction Adult Criminal

Charge 11,812 10,640 12,894 VATAC 810 452 271 Miscellaneous license application 468 67 403 Total 13,090 11,159 13,568

Children’s Court

Charge 2,186 2,313 1,821 Care Matters 136 163 133 Family Law 3 1 1 License 7 10 Total 2,325 2,484 1,965 Grand Total 23,790 22451 25,035

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 41 year in review ACT Law Courts & Tribunals

Number of cases in ACT Magistrates Court (Civil Listings)

List Description 2000–01 2001–02 2002–03

C Civil Hearings 98 139 137 CE Care Matters 309 133 79 CI Criminal Injuries 258 281 285 CM Civil Motions 989 1109 1086 DC Domestic Violence Conference 1625 1528 1489 DI Domestic Violence Interim 850 729 803 DV Domestic Violence Hearing 81 88 68 FL Family Law 0 0 0 OE/ASSESS Oral Examinations 223 317 451 PC Part Heard Civil 124 213 204 PM Small Claims Conference 822 875 733 PO Small Claims Motions 736 633 346 PR Small Claims Referee 117 47 40 PS Small Claims Hearings 598 422 288 PT Pre Trial Conference 1 0 0 PU Protection Order Hearings 505 550 518 RC Restraining Order Conference 1562 1569 1764 RI Restraining Order Interim Order 240 1003 1041 RS Return of Subpoenas 1831 1966 2442 SF Special Fixtures 98 0 0 SO Scheduling Order 720 459 268 TX Taxation 38 46 16 WC Worker Compensation Hearings 198 145 214 WO Workers Compensation Call over 217 251 324 TOTAL 12240 12503 12596

42 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Law Courts & Tribunals

Matters Finalised in the ACT Magistrates Court

Jurisdiction 2000–01 2001–02 2002–03

Civil 5,450 6,169 7,854 Criminal 14,116 11,159* 13,567

* The statistics providing for criminal matters finalised in 2001-2002 in last year’s annual report were incorrect. This has been corrected with the new figure incorporated into this year’s annual report.

COURT OF APPEAL

2000–01 2001–02 2002–03

Court Sitting Days 113 Matters Lodged 42 Matters Listed 75 Matters Finalized 26

Note: Court of Appeal did not begin exercising its full jurisdiction until 14 October 2002

SUPREME COURT

2000–01 2001–02 2002–03

Court Sitting Days 918 926 910 Matters Lodged 1962 2012 2019 Matters Listed 5876 6803 7290 Matters Finalized 1800 1748 1841

Note: Court of Appeal did not begin exercising its full jurisdiction until 14 October 2002

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 43 44 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Government Solicitor's Office

ACT Government Solicitor's Office

OUTPUT 2.3 Total cost $4.914m Legal Advice and Representation Services See volume 2 page 86

To protect the interests of the Territory, its Ministers and agencies by providing them with high quality and timely legal services in a professional and cost effective manner.

Organisation The ACT Government Solicitor's Office (GSO) was established as a body corporate by the Government Solicitor Act 1989 to act as legal practitioner for the Territory, its Ministers and agencies. The GSO comprises three Sections each performing specialised functions as follows: Property and Commercial • Provides legal advice in relation to the administration of Territory land and commercial matters. • Prepares agreements and other commercial documents. • Conducts commercial litigation and dispute resolution.

Government Law • Deals with matters of constitutional and administrative law. • Advises on Territory legislation and the preparation of statutory instruments. • Provides advice and legal representation in courts and tribunals in matters relating to the regulatory functions of government.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 45 year in review ACT Government Solicitor's Office

Civil Litigation • Handles civil litigation and claims by and against the Territory in contract, tort and under statute, including the Victims of Crime (Financial Assistance) Act 1983. • Undertakes recovery of debts owing to the Territory. • Handles bankruptcy, company winding up and property recovery matters.

Key Objectives • Prepare legal agreements designed to ensure that the Territory's interests are protected. • Provide advice to ensure that Territory agencies and officers are aware of their legal rights and obligations and powers. • Recover moneys payable to the Territory. • Protect the Territory from claims without legal merit and restricting amounts paid in satisfaction of claims against it in cases where liability exists. • Conduct litigation within the policy that the Crown act as a model litigant.

Key Achievements Timeliness of opinions work exceeded targets set for the year - 56% of all opinions were provided within 48 hours and 82% of opinions requested were provided within 14 days. Work was completed in a timely way and in accordance with court imposed time limits. The GSO achieved high levels of outputs during the year. As shown in the Performance Table below, there were increases in a number of the key performance indicators, including agreements drawn/settled and, court/tribunal attendances. The GSO undertook a number of projects of significance, as reported on the following page. The GSO acquired and installed a new practice management system - Midware's Open Practice. This new system will assist with a range of management and reporting functions. The following table provides a comparison of work output and other performance information between 2002-2003 and previous financial years.

46 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Government Solicitor's Office

PERFORMANCE OF THE ACT GOVERNMENT SOLICITOR'S OFFICE

2000-2001 2001-2002 2002-2003

Opinions given * 2,676 3,070 2,912 Agreements drawn/settled 141 199 295 Conveyances completed 426 354 278 Instruments settled 93 87 68 Court/Tribunal attendances 1,651 1,846 1,983 Actions completed 316 345 264 Claims finalised 45 91 94 Revenue recovered $755,400 $780,674 $1,631,005 Revenue saved $4,389,436 $7,236,750 $5,279,779 Criticisms 1 1 1 Compliments 79 109 69 Contract Values $114,548,580 $353,362,632 $575,771,224 Mortgages discharged 468 369 315 Value of mortgages $28,259,708 $21,259,692 $16,299,199

*Timeliness of Opinions provided in 2002-2003

Opinions provided Number %

Within 48 hours 1639 56 From 2 to 14 days 767 26 From 14 to 28 days 247 9 From 28 to 56 days 139 5 56+ days 120 4 TOTAL 2912 100

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 47 year in review ACT Government Solicitor's Office

Major Projects Major projects handled by the GSO during 2002-2003 included: Bushfire Inquiries and Inquests - Representation of theTerritory in inquiries and inquests arising out of the Canberra bushfires. Bender - Representation of the Territory in finalisation of claims by family members and handling of claims by others arising out of the implosion of the Royal Canberra Hospital. Radavanovic - Representation of the Territory in a long running medical negligence case. Regan - Successful defence of claim against the Department of Education arising out of injuries sustained in an outdoor activity. Mental Health Inquests - Representation of Mental Health Services and employees at inquests into deaths of patients. Visiting Medical Officers Dispute - Representation of the Territory in application by visiting medical officers for registration under the Industrial Relations Act. Mesinga - Successful defence of appeal to the ACT Court of Appeal against original decision striking out claim against the Director of Public Prosecutions. Garvan - Representation of the Territory in application for special leave to appeal from decision of the ACT Court of Appeal. Eastman - Representation of the Attorney-General in a range of court proceedings. Land and Planning Appeals - Legal advice and representation provided to the Commissioner for Land and Planning and the Planning Minister in the Administrative Appeals Tribunal and Supreme Court. New Land and Planning Legislation - GSO assisted in the implementation of the new planning legislation. Child Protection - Representation of Family Services in a child protection matter. Discrimination - GSO provided advice and representation in the Discrimination Tribunal on behalf of the Territory clients. Constitutional Cases - Representation of the Attorney-General in constitution matters in the High Court, including the following cases: Hopner v Schofield - Constitutional challenge to validity of Dangerous Goods legislation; and Kithock Pty Ltd v Commissioner for ACT Revenue - Constitutional challenge to a tax levied on the sales of used cars by used car dealers. Health Professional Boards - Representation and assistance to professional boards and inquiries.

48 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Government Solicitor's Office

Government Procurement and Contracting - Advice and assistance to Government on a range of complex matters including: matters arising from the January 2003 bushfires; an integrated document management system; a replacement computer assisted dispatch system for ACT Emergency Services; a new human resource system; Project Management and other construction contracts for Procurement Solutions; the Oracle Government Financials Upgrade; and participation in a number of reviews on procurement and consulting issues. ACT Health - Advice and assistance on the acquisition of St John of God's pathology business at Calvary Hospital and the proposed sale of the National Capital Private Hospital. Property and Conveyancing - Advice and documentation concerning the acquisition of land from the Commonwealth and conveyancing work for ACT Housing and the Gungahlin Development Authority. InTACT - Advice and drafting documents for licensing arrangements with Microsoft and the supply of information technology business equipment to the whole of government by a number of major equipment suppliers. ACTION Authority - Procurement and tendering advice, and contract drafting for replacement bus communications system and other vehicle purchases, purchase of buses (both diesel and CNG) and construction and operation of a CNG refuelling facility. ACT NOWaste - Mediation and subsequent resolution of dispute with Thiess Environmental Services re contracts for design, construction and operation of the Mitchell Resource Management Centre and augmentation and operation of the Mugga Lane Landfill. Information Technology Centre of Excellence - Advice and assistance to Business ACT in relation to the formalisation of its membership of the National Information Centre of Technology Australia (NICTA), the company to conduct the Information Technology Centre of Excellence, and the grant to NICTA of financial assistance.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 49 year in review ACT Government Solicitor's Office

FEES PAID TO COUNSEL BY THE GSO IN 2002-2003: Name A - Fees B - Fees TOTAL $$$ Arthur, W 5,599.00 5,599.00 Blackburn, T 330.00 330.00 Bromberg, M 19,080.00 19,080.00 Bradfield, I 1,375.00 22,233.75 23,608.75 Clarke, P 13,750.00 47,575.00 61,325.00 Crowe, R 4,647.50 7,535.00 12,182.50 Davies, D, SC 3,575.00 3,575.00 Dobinson, J 30,649.75 30,649.75 Doig, A 5,280.00 5,280.00 Donohoe, L 7,425.00 7,425.00 Erskine, CM 26,413.75 9,075.00 35,488.75 Gageler, S 20,146.98 20,146.98 Gibb, SW 41,000.00 41,000.00 Gill, S 2,211.00 2,211.00 Harper, D 1,100.00 10,587.50 11,687.50 Hawkins, W 8,500.00 8,500.00 Howe, T 1,795.20 1,795.20 Huntly, N, SC 440.00 440.00 Jackson DF, QC 6,077.50 6,077.50 Johnson P, SC 16,190.07 16,190.07 Kennett, G 4,582.66 4,582.66 King, L 2,200.00 2,200.00 McCarthy, G 1,705.00 6,677.00 8,382.00 Meldrum, RK, QC 43,355.00 43,355.00 Mildren, R 2,640.00 1,320.00 3,960.00 Morling, T 2,810.00 2,810.00 Morrish, J, QC 41,400.00 41,400.00 Mossop, D 41,272.50 41,272.50 Nock, D 4,235.00 4,235.00 O'Bryan, NJ 13,200.00 13,200.00 Pappas, J 2,374.90 2,374.90 Pike, E 4,455.00 4,455.00 Pilkinton, S 20,845.00 21,578.50 42,423.50 Purnell, FJ 5,412.00 5,500.00 10,912.00 Rushton, S 22,500.94 22,500.94 Ruskin, JR, QC 26,634.50 26,634.50 Sorensen, HR 20,542.50 20,542.50 Techera, E 3,925.00 3,925.00 Tonkin, A 21,780.00 21,780.00 Tracey, R 11,218.28 11,218.28 Walker, L 1,210.00 30,305.00 31,515.00 Walker, P 66,374.00 21,049.00 87,423.00 Whitelaw, C 28,270.00 28,270.00 Whybrow, S 2,832.50 2,832.50 TOTAL $484,980.69 $309,815.59 $794,796.28

50 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Government Solicitor's Office

The payments identified as paid to counsel in column A were paid by the Government Solicitor's Office. Payments identified in column B were paid by those agencies which do not operate under the Legal Expenses Vote.

BREAKDOWN OF LEGAL EXPENDITURE BY GSO IN 2002-2003

Nature of Expenditure 2000-2001 2001-2002 2002-2003 $$$ Legal Expenses 685,880 925,682 915,286 Damages and Settlements 1,842,064 1,302,306 2,043,506 Criminal Injury Compensation 1,245,123 1,536,844 2,028,571 TOTAL 3,773,067 3,764,832 4,987,363

Key Targets 2003-2004: • Maintain or improve current opinion turn-around times. • Move to new premises.

Contact Office Manager 6207 0631 www.gso.gov.au

These are some of our people from the ACT Government Solicitor’s Office

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 51 52 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Parliamentary Counsel’s Office

Parliamentary Counsel’s Office

OUTPUT 2.4 Total cost $2.843m Legislative Drafting Services See volume 2 page 87

To provide high-quality and timely legislative drafting, republication and information services and improve public access to ACT legislation and legislative information, particularly through the ACT legislation register.

Key objectives • To draft legislation for the Government in accordance with its legislation program and for individual members of the Legislative Assembly and other clients as promptly as possible. • To ensure, as far as practicable, that ACT laws: -give effect to their intended policy objectives effectively and efficiently; -are constitutionally and otherwise legally valid; -are clear and simple; -form a cohesive statute book of the highest standard; - reflect best-practice drafting, including plain English and gender-neutral language; - can be readily found, and easily read and understood; - will assist compliance and effective administration; and -can withstand vigorous scrutiny. • To ensure— - the efficient notification of new ACT legislation (including legislative instruments) and other legislative material (for example, bills and explanatory statements) through the ACT legislation register; - that ACT legislation (including legislative instruments), as originally made and as in force from time to time, is readily available, particularly through the ACT legislation register; and

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 53 year in review Parliamentary Counsel’s Office

- that comprehensive legislative material (for example, bills and explanatory statements) and information about ACT legislation is readily available, particularly through the ACT legislation register. Functions The Parliamentary Counsel’s Office (PCO) provides legislative drafting and publishing services for ACT legislation. PCO maintains the ACT legislation register (www.legislation.act.gov.au), on which ACT legislation and legislative material is notified and published. The Office drafts legislation (mainly bills and subordinate legislation) for the following clients: • ACT Government (including Cabinet, Ministers, and government departments and agencies); • members of the ACT Legislative Assembly; and • ACT courts. As part of its drafting services, PCO: • analyses legislative proposals and provides advice on their policy, legal and constitutional implications and on alternative ways of achieving policy objectives; • ensures that the Legislation Act 2001 remains a high-quality, easily understood source of the law dealing with the ‘life cycle’ of legislation; and • manages the technical amendments program for ACT legislation to ensure, as far as practicable, ACT legislation forms a cohesive statute book of the highest standard. The object of the Office’s legislative publishing services is to enhance access to justice by ensuring that ACT legislation, legislative material and legislative information are readily accessible, particularly through the ACT legislation register. These services are provided for the benefit of the whole community as well as particular users of ACT legislation, including: • ACT government departments and agencies • the ACT Legislative Assembly • ACT courts • the legal profession.

54 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Parliamentary Counsel’s Office

Key achievements 2002–2003 Office performance The Office exceeded all its performance targets (see table below). A large workload, particularly in the production of republications and related legislative information, continued throughout the year. The large amount of pages prepared reflects the initiative of publishing legislation and legislative information in electronic form on the ACT legislation register. The cost per page of manuscript is lower because of the large increase in output. The office also continued to improve the timeliness of its response to drafting instructions and achieved a very low drafting error rate.

Quantity Quality Respond to Cost/page —pages —drafting instructions manuscript of manuscript error rate within 30 days 2002–2003 2002–2003 2002–2003 2002–2003 Target Result Target Result Target Result Target Result 31 000 98 449 Less 0.1% Greater 98% $92 $28 than 5% than 75%

Drafting services The drafting output for the year was higher than in 2001–2002 (see table A) and significantly higher than the average output over the last five years. The 2002–2003 result reflects the long-term rise in drafting output and the cyclical pattern of the work. Demand for drafting work rises and falls in line with the pattern of general elections and the requirements for legislation by Government and individual members of the Legislative Assembly.

Public Access to Legislation Project The project The object of the Public Access to Legislation Project is to make ACT legislation more accessible. Under the project: a) the ACT legislation register has been in operation since 12 September 2001; b) ACT legislation is being republished on the legislation register; c) information about ACT legislation is published regularly on the legislation register (a legislation update table and ‘what’s new’ service are currently published weekly); d) new and amending legislation is notified on the legislation register;

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 55 year in review Parliamentary Counsel’s Office

e) bills and explanatory statements have been published on the legislation register since the beginning of the current Legislative Assembly; and f) most of the provisions dealing with the ‘life cycle’ of ACT legislation have been clarified, updated, simplified where practicable, and brought together in a single Act (the Legislation Act 2001). Authorised legislation PCO has developed proposals to permit authorised electronic versions of legislation, ie Acts, statutory instruments and republications, to be downloaded from the legislation register, and to allow authorised written versions to be produced directly from authorised electronic versions of legislation. Electronic versions of legislation are currently only authorised when viewed at an approved web site. Printed versions of legislation are only authorised when printed by authority of the ACT Government. The proposals are authorised by amendments of the Legislation Act 2001 contained in the Statute Law Amendment Bill 2003, which was presented to the Legislative Assembly on 8 May 2003. Under the proposed amendments, a copy of legislation printed directly from an authorised electronic file downloaded from the legislation register will be legally presumed to be an accurate copy of the legislation. To support these developments, the Office has begun to further enhance the level of security of authorised documents on the ACT legislation register. All new versions of legislation are now being digitally signed. Digital signatures are a way of encrypting electronic documents by applying a mathematical algorithm with an identification code. Digitally signed pdf files are more secure than pdf files without signatures because the legislation user can verify the authenticity and accuracy of the documents. The user can check if the document has been changed since PCO signed it. All authorised copies of ACT legislation and legislative material on the legislation register will be progressively digitally signed. The ACT will be the first jurisdiction in Australia to make use of digital encryption technology to allow the public to download and print authorised legislative documents. This technology complements other measures that have made the ACT’s electronic legislation secure and reliable. One important measure has been to provide a secure website for the legislation register using a VeriSign SSL Certificate. Visitors can verify that the website is legitimate by checking the certificate, which involves clicking on the VeriSign icon on the legislation register’s homepage.

56 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Parliamentary Counsel’s Office

Statutory interpretation legislation The passage of the Legislation (Statutory Interpretation) Amendment Act 2003 marked another milestone in the Public Access to Legislation Project. It finalised the establishment of the legislative framework of the project by completing the updating and clarifying of the provisions about statutory interpretation brought over to the Legislation Act 2001 from the Interpretation Act 1967 (repealed). The Legislation Act 2001, chapter 14 (Interpretation of Acts and statutory instruments) was restated to make it clearer and more coherent. The chapter includes new provisions that take account of recent court decisions. The chapter reflects recent significant developments in the common law of statutory interpretation: the consolidation of the purpose approach to interpretation, an increasing stress on the importance of provisions of a law being read in the total context of the law, and more liberal access to non-legislative material for the purpose of interpretation. Chapter 14 represents the only legislative restatement in Australia since the mid-1980s of some of the fundamental rules of statutory interpretation legislation. New notification system The Office has developed and implemented a new notification system to make it easier to request the notification of legislation and legislative material on the legislation register. The new system is intranet-based and automated. It eliminates time-consuming procedures such as entering data more than once and, therefore, reduces the risk of error. The system replaces the previous email-based system (which replaced printed Gazette notification in 2001). New legislation regulations (Legislation Regulations 2003) were made to facilitate improved administrative procedures for making notification requests to the Parliamentary Counsel. The person who requests notification - an ‘appropriate person’ or their delegate (see Legislation Act 2001, section 61) - can automatically request new notification numbers, submit a notification request form, lodge the instrument and track its progress through to notification. PCO has notified approximately 2,000 Acts or registrable instruments since the register was established. The new notification system will significantly improve the efficiency of the notification process.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 57 year in review Parliamentary Counsel’s Office

Register use Use of the legislation register has increased significantly this financial year. There were approximately 360,000 visits to the register, compared with more than 60,000 visits in the second half of last financial year. There are no statistics for the first half of last financial year to compare with this year’s statistics because the register only started operating on 12 September 2001. The average of 180,000 for half a year suggests a threefold increase in usage. Hits have increased from 1.16 million in the second half of the last financial year to almost 4.5 million this financial year or 2.25 million, ie almost double, for half a year. Requests (hits that successfully retrieved content) increased from almost 600,000 in the second half of last financial year to more than 2.5 million requests this financial year or 1.25 million requests, ie more than double, for half a year. The Office has received positive feedback from many people who use the register regularly, for example,‘Just wanted to let you know what a valuable resource you have created. I use the ACT Legislation website often and find it wonderful to use. Thank you for this wonderful policy research tool’ (Karen Nicholson, ACTCOSS Policy Officer, by email). PCO monitors feedback and responds to queries. As a result of comments and suggestions, many improvements were made to the register, for example, information has been restructured and more information has been added. The Office is committed to further improving the register and welcomes feedback. (www.pco.act.gov.au) Republication of current ACT laws The Office reached its target of republishing every current ACT Act and subordinate law in up-to-date, authorised form on the ACT legislation register by 12 September 2002, the register’s first anniversary. PCO continues to republish legislation as soon as changes happen to provide up-to-date, accurate point-in-time versions. Backcapture of ACT laws All Acts and subordinate laws as made since self-government have now been published for the first time electronically. Earlier versions of Acts and subordinate laws are also being republished on the register as part of PCO’s backcapture program. This will make it easier for anyone to find the law as it was in force at any particular time. Backcapture of versions of the Crimes Act 1900 back to self-government is complete. The Crimes Act is the most frequently used ACT law and earlier versions of the Act are often used in prosecutions. The Office has developed a program for backcapturing disallowable instruments. Backcapture of disallowable instruments started during the financial year.

58 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Parliamentary Counsel’s Office

Other improvements Republications of ACT laws have been made more user-friendly. The reason for the republication is now included on the republication cover and in the tables where the republications are listed on the register. The republication number and effective date range are also included in the footer of every page. This allows users to print only the pages of republications that they need. Exposure drafts are now also included on the legislation register. The entry for each exposure draft provides consultation details and clearly shows whether the exposure draft’s consultation period is current. Additional information has been included on the legislation register and existing information has been restructured to assist users. For example, an abbreviation key and information about how to use digital signatures have been added.

Legislative reform The Office has achieved significant legislative reform through the technical amendments program that it manages. The program was developed to ensure ACT legislation is kept up to date and that the ACT statute book is maintained and improved in a flexible and cost-effective way. The Statute Law Amendment Act 2002 and the Statute Law Amendment Act 2002 (No 2) were enacted during the financial year as part of the program. The Statute Law Amendment Bill 2003 continues the process. Statute law amendments are minor, non-controversial amendments initiated by agencies as well as structural and technical amendments initiated by PCO. Many statute law amendments are made to standardise legislative provisions wherever possible to make the statute book more coherent, concise and accessible. Notes are being included in Acts to draw attention to standard provisions, particularly in the Legislation Act 2001. The Acts also repealed redundant or obsolete Acts and regulations. ACT legislation users can find legislation more easily if legislation that no longer has a purpose is repealed. The Statute Law Amendment Act 2002 repealed the last amending Acts enacted before 1 January 2000. The Acts no longer had a purpose after the last of their amending provisions commenced. The Legislation Act 2001, section 89, provides for the automatic repeal of amending and repealing Acts when all their provisions have commenced. The Interpretation Act 1967, section 43, provided for the repeal of amending Acts enacted between 1 January 2000 and 12 September 2001, the commencement of the Legislation Act. Amending Acts that commenced before 1 January 2000 were not automatically

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 59 year in review Parliamentary Counsel’s Office

repealed. Most of them were repealed in previous statute law amendment Acts. The effect of repealed amending Acts is preserved by the Legislation Act, section 84. The Statute Law Amendment Act 2002 (No 2) repealed 12 redundant or obsolete UK or NSW Acts that were still in force in the ACT. Repealed Acts included the Merchant Shipping Act 1894, the Offences at Sea Act 1536 and the four piracy Acts still officially in force in the ACT. These Acts had no practical application in the ACT because it is landlocked. In any event, Commonwealth legislation covered the areas dealt with by them. The Statute Law Amendment Bill 2003 proposes to make access to authorised printed legislation easier. The bill extends the range of legislative material for which authorised electronic and written versions will be available to include material such as explanatory statements for bills presented to the Legislative Assembly.

New PCO website PCO has a new more modern, user-friendly and accessible website. The site contains information about the Office, for example, its functions and corporate documents. New publications about ACT drafting and publishing standards are also included: a guide about amending legislation; a spelling, abbreviations and symbols guide; technical amendments guidelines and practice note; and an index to the Legislation Act 2001.There is also a link to the ACT Government Cabinet Handbook. The following guides will be added to the site: a drafting practice guide; a guide to plain legal language; and a guide to the Legislation Act. The site also includes information about employment opportunities in the Office and links to related sites. PCO has carefully considered accessibility issues as described in the W3C Web Content Accessibility Guidelines and implemented the recommendations. The address of the website is www.pco.act.gov.au.

Key Targets 2003–2004 In 2003–2004 the Office will: • maintain and improve the standard of drafting services; • continue the technical amendments program to improve the cohesiveness and consistency of ACT laws; • monitor and, if necessary, improve the notification system for the legislation register; • continue to republish current Acts and subordinate laws in up-to-date, authorised form on the register as amendments, repeals and expiries happen; • continue to backcapture earlier versions of current Acts and subordinate laws;

60 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Parliamentary Counsel’s Office

• complete the backcapture of disallowable instruments back to self-government; • develop a program for backcapturing notifiable instruments, bills and explanatory statements for bills; • develop a legislation life-cycle database that will improve management and processing of legislation and legislative material and integrate workflow and performance measurement systems; • add new useful information to the legislation register and continue to improve the structure of the information; • maintain and improve the PCO web site, for example, by adding additional information about the office’s drafting practices; and • respond to client feedback. Contact Executive Officer 6207 0839 www.pco.act.gov.au

These are some of our people from the Parliamentary Counsel’s Office

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 61 year in review Parliamentary Counsel’s Office

TABLE A – LEGISLATION DRAFTING SERVICES

1998-99 1999-00 2000-01 2001-02 2002-03 Instructions received

Government 977 964 1,081 685 785 Individual MLAs 179 227 264 196 165 Supreme Court n/a 23 12 9 6 1,156 1,214 1,357 890 956

Drafts sent out* Government Bills 658 590 851 436 637 Amendment sheets 89 123 155 131 84 Regulations and other 206 335 319 323 261 subordinate legislation 953 1,048 1325 890 982 Individual MLAs Bills 145 149 142 111 119 Amendment sheets 47 138 148 130 72 192 287 290 242 191 Supreme Court Rules 16 24 22 8 7 1,161 1,359 1,637 1,140 1,180

Pages sent out* Government Bills 12,948 13,723 27,406 13,896 21,892 Amendment sheets 258 584 1,042 973 384 Regulations and other 1,634 8,732 4,772 7,336 4,239 subordinate legislation 14,840 23,039 33,220 22,205 26,515 Individual MLAs Bills 912 994 842 568 2,415 Amendment sheets 122 545 656 986 200 1,034 1,539 1,498 1,554 2,615 Supreme Court Rules 227 533 644 231 444 16,101 25,111 35,362 23,990 29,574

* The drafting workload is driven by the Government legislation program, instructions from individual MLAs and the sitting pattern of the Legislative Assembly. Consequently, it is not constant throughout the year or from year to year. The effect of the general election in October 2001 is reflected in the figures

62 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Parliamentary Counsel’s Office

TABLE B – LEGISLATION PUBLISHING SERVICES

1998-99 1999-00 2000-01 2001-02 2002-03 Titles prepared for publication

Proposed legislation for making* Government Bills 76 82 87 45 89 Regulations and other 42 55 61 57 27 subordinate legislation Individual MLAs Bills 39 35 32 22 26 Supreme Court Rules 3 5 2 2 4 160 177 182 126 146 Other publications Republished Acts 77 59 42 240 265 Republished subordinate laws 3 31 10 65 72 Legislation tables 13 13 10 37 63 Annual volumes of laws 1 0 2 0 2 94 103 64 342 402 254 280 246 468 548

Pages prepared for publication

Proposed legislation for making* Government Bills 1,015 1,731 3,081 1,282 2,744 Regulations and other 274 873 848 712 269 subordinate legislation Individual MLAs Bills 259 252 255 130 430 Supreme Court Rules 3 128 223 64 146 1,551 2,984 4,407 2,188 3,589 Other publications Republished Acts 3,363 3,109 2,352 24,866 43,668 Republished subordinate laws 627 1,451 950 4,487 9,437 Legislation tables 354 527 397 1,687 4,777 Annual volumes of laws 955 0 4,973 0 7,404 5,299 5,087 8,672 31,040 65,286 6,850 8,071 13,079 33,228 68,875

* The drafting workload is driven by the Government legislation program, instructions from individual MLAs and the sitting pattern of the Legislative Assembly. Consequently, it is not constant throughout the year or from year to year. The effect of the general election in October 2001 is reflected in the figures

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 63 year in review Parliamentary Counsel’s Office

TABLE C – VALUE OF DRAFTING SERVICES

Government Value %

Chief Minister $44,747 2.6% Education $78,643 4.5% Health & Community Care $40,153 2.3% Justice & Community Safety (incl SCAG) $962,243 54.9% Treasury $225,827 12.9% Urban Services $401,445 22.9% $1,753,058 100%

Individual MLAs Berry $82,027 32.6% Burke $285 0.1% Cross $14,091 5.6% Dundas $18,645 7.4% Dunne $13,985 5.6% Gallagher $763 0.3% Humphries $19,769 7.9% Pratt $4,126 1.6% Smyth $46,910 18.6% Stefaniak $36,331 14.4% Tucker $14,764 5.9% $251,696 100%

Supreme Court Supreme Court $17,693 100%

Total Government $1,753,058 86.7% Individual MLAs $251,696 12.4% Supreme Court $17,693 0.9%

$2,022,447 100%

64 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Registrar General’s Office

Registrar-General’s Office

OUTPUT 3.1 Total cost $4.051m Regulatory Services See volume 2 page 92

To deliver high quality and timely service, access and advice relating to the registration and management of Land Titles; Births, Deaths and Marriages; Business Names and Associations and Residential Rental Bonds records.

Organisation The Registrar-General’s Office (RGO) was established under the Registrar-General Act 1993 and comprises four business units: • Births, Deaths and Marriages; • Business Names and Associations; • Land Titles; and • Office of Rental Bonds. A Business Services Unit assists the four business units to achieve RGO’s corporate goals. The RGO aims to provide information of the highest integrity, in an efficient, cost-effective manner according to commitments under the Purchase Agreement.

Key Objectives The RGO’s key objectives are consistent with the ACT Government’s objectives and are set out in the RGO Corporate Plan 2002-2005 as follows: To ensure customer satisfaction and confidence in the products and services provided by the RGO. To ensure that full and accurate records are created, managed and preserved in a secure environment and are available for retrieval and dissemination, according to the relevant legislation.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 65 year in review Registrar General’s Office

To provide accessible, reliable and secure information and records management systems. To develop, review and maintain policies and legislation that reflect social justice, community needs and requirements. To provide a professional, challenging, harmonious and satisfying work environment where all staff receive support, appropriate training and career development.

The Year in Review Over the past year, the RGO worked hard to contain sustained high business levels in the land and housing sectors within organisational and budgetary allocations. Major advances were achieved in a number of critical areas and the RGO achieved its targets set out in the 2002-2003 Business Plan. These included the rollout of the ‘Point of Sale’ system throughout RGO, Cash Management review, BDM Practice Manual, IDMS evaluation and a major review of office policy on hardcopy document retention. As part of the ACT Bushfire Recovery process, the RGO provided critical services at no cost to those directly affected by the Bushfires.

Births, Deaths and Marriages Maintains accurate and secure registers relating to: • Births (ACT, Jervis Bay). • Deaths (ACT, Jervis Bay, Antarctica and abroad). • Marriages (ACT, Jervis Bay, foreign, overseas and local law). • Adoptions. • Parentage Information. • Deeds (Powers of Attorney, and Miscellaneous Deeds). • Instruments (Bills of Sale and Liens on Crops and Wool). The Unit also provides access to, and certified information from, these registers. The collection of vital statistics for Federal and ACT Government Agencies and other organisations, to be used for medical research, demographic, social and indigenous studies, is a vital function of the Unit.

66 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Registrar General’s Office

TABLE 1.1 - BIRTHS, DEATHS AND MARRIAGES

Births Deaths and Marriages 1999-00 2000-01 2001-02 2002-03

Registrations Births 4,522 4,850 4,617 4,691 Deaths 1,503 1,537 1,656 1,605 Marriages 1,800 1,659 1,722 2,523 Certificates Certificates and Searches 13,054 14,533 13,347 11,920 Commemorative Certificates 2,469 2,993 2,569 3,545 Registry Marriages 26 4 Nil Nil

TABLE 1.2 - BIRTHS, DEATHS AND MARRIAGES - REVENUE

Births, Deaths & Marriages ($) 415,142 467,084 497,480 504,036

Significant Activities during 2002-2003 The BDM modernisation project continued during 2002-2003, with a number of important initiatives being achieved. The outcomes included: • Completion of the implementation of the Promadis business system, providing enhanced performance reporting and structured cash management functionality through the ‘Point of Sale’ module. • ‘Point of Sale’ was successfully integrated into Business Names, Associations and Land Titles, achieving a single, integrated cash management facility for the RGO. • Completion of the BDM Practice Manual and publication to the RGO website. The Council of Australian Registrars is considering adopting this document as a national standard. • The Birth Registration Statement was re-designed following an exclusive agreement to use an Anne Geddes image. The statement has been instrumental in achieving a 30% increase in the sale of Commemorative Birth Certificates. • The RGO has successfully negotiated the electronic transfer of births notification data by all ACT hospitals on a daily basis. Canberra Hospital is now using this facility and other ACT hospitals are expected to implement this facility in early 2003–2004.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 67 year in review Registrar General’s Office

• BDM is currently cooperating with other state/territory BDM Registrars and Commonwealth agencies to develop an electronic Medical Certificate of Cause of Death. The aim of the project is to permit medical practitioners to complete and lodge the certificate on-line by integrating a standard Australian form with hospital and related databases. The electronic certificate will deliver major efficiencies for BDM Registries and participating Commonwealth Agencies. • The RGO played a vital role in the ACT Bushfire Recovery Task by replacing 955 lost or destroyed BDM certificates from all Australian states/territories, New Zealand and PNG at no cost. These documents were required by bushfire victims to establish identity for entitlements. • Worked co operatively with State/Territory & Commonwealth governments towards the mitigation of identity fraud, including: -redesigning security paper to incorporate enhanced security features; -cross-referencing ACT birth records to national death records, reducing the opportunity for ‘tombstone’ fraud. Other Significant activity during 2002-03 In line with a national initiative, the Registration of Deeds Act 1961 was amended to prevent the registration of a change of name by Deed Poll. A change of name may now only be registered under uniform Australian BDM legislation.

TABLE 1.3 – DEEDS AND INSTRUMENTS

Deeds and Instruments 1999-00 2000-01 2001-02 2002-03

Deeds 2,953 2,579 2,986 2,970 Instruments (inc. Bills of Sale) 53 78 108 123

TABLE 1.4 – DEEDS AND INSTRUMENTS - REVENUE

Deeds and Instruments ($) 204,992 156,507 191,476 202,078

68 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Registrar General’s Office

Business Names and Associations Maintains accurate and secure registers relating to: • business names registered under the Business Names Act 1963; and • Associations incorporated under the Associations Incorporation Act 1991. Significant Activities during 2002-2003 A number of critical system enhancements were developed and implemented including: • Improved integration with the ASIC National Names Index, allowing BNA staff to search and instantaneously recall ACT and company data for reference. • More comprehensive proprietor information is now captured, including ‘address for service’ details, to facilitate electronic production of renewal letters. • Information about committee members now captured to allow electronic production of Annual Return reminder letters to be sent to various committee members if no response from the public officer.

TABLE 1.5 - BUSINESS NAMES AND ASSOCIATIONS

Business Names and Associations 1999-00 2000-01 2001-02 2002-03

Business Names New Registrations 5,184 3,956 3,670 3,661 Current Business Names 24,235 24,406 23,782 22,485 Renewals 3,293 3,634 4,225 4,083 Associations New Registrations 171 146 152 169 Current Associations 2,656 2,739 2,403 2,397 Cancellations 22 48 451 160

TABLE 1.6 - BUSINESS NAMES AND ASSOCIATIONS

Bus Names & Assoc $ 994,997 899,755 912,885 976,363

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 69 year in review Registrar General’s Office

Land Titles The accurate and timely registration of land under the Torrens System of land registration is a cornerstone of a successful land market economy. The RGO has underpinned recent rapid growth in the ACT property market by - • Receiving, registering and guaranteeing title to ACT land, and transactions relating to that land; and • Providing access to ownership, encumbrance and survey data for all registered land in the ACT and Jervis Bay Territory. Significant Activities during 2002-2003 The Unit responded to continuing high levels of business within organisational and budgetary allocations. Lodgement levels for the financial year increased from 54,884 to 55,599, an increase of approximately 1.2%. • The main contributing factors continued to be the – -First homebuyers scheme -Strong investor/buyer confidence -A buoyant ACT economy - Sustained low interest rates. • The average value of an ACT home increased by 17.8% to $265,000.00 (end Mar Qtr). • A scoping study for the development of a Land Titles Online facility was completed. • The RGO is evaluating options to replace the land titles database with a view to providing on-line services. • Completed a pilot of the Point of Sale system on lodgment booths. The aim is to remove a single cashier point for many points of sale, to provide the customer with a better level of service. • Commencement of amendments to the Districts Act. • Revised privacy statements were developed and published on transfers, mortgages, transmission applications and discharge documents. • The RGO cooperated with the Commonwealth in the continued sale of major assets in the Territory.

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TABLE 1.7 – LAND TITLES STATISTICS

Land Titles 1999-00 2000-01 2001-02 2002-03

Crown Lease 1,537 878 1,448 1,466 Discharge of Mortgage 13,229 14,019 16,479 17,010 Mortgage 13,606 14,101 16,667 17,036 Transfer 12,327 11,839 13,608 13,398 Caveat 381 379 400 398 Leases/Sublease/Underlease 1,349 1,103 1,198 1,159 Total all Lodgments 47,240 46,899 54,884 55,599 Searches 71,549 70,811 83,786 87,553

TABLE 1.8 – LAND TITLES REVENUE

Land Titles ($) 5,580,408 5,600,262 6,708,810 6,928,844

Rental Bonds The Unit supports the ACT’s Residential Tenancy Scheme by acting as the stakeholder for all residential rental bonds paid to residential landlords. The Unit – • Receives rental bonds in respect to all ACT residential tenancy agreements; and • Ensures that bond money is held in trust and paid out in accordance with the Residential Tenancies Act 1997. Significant Activities during 2002-2003 The following achievements were made – • Recommended the abolition of the requirement to lodge a Condition of Premises Report in line with NSW, as part of the review of the Residential Tenancies Act 1997. • Consulted with ACT Real Estate Institute and managing agents in the preparation of a draft replacement condition of premises report. • Conducted an independent audit of the monthly/annual reconciliation of the Rental Bonds Trust account on a recurrent basis. • Provided continuing education to agents through the REI, CIT and individual agency visits. • Developed and tested a number of major enhancements to the business system.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 71 year in review Registrar General’s Office

TABLE 1.9 - RENTAL BONDS

Rental Bonds 1999-00 2000-01 2001-02 2002-03

No of Bonds lodged (by f/y) 12,740 11,699 11,879 11,793 No of Claims paid (by f/y) 12,654 12,098 11,958 11,606 Total of all current Bonds held 21,135 20,215 20,371 21,023 Average value of Bonds Lodged (by f/y) 845 865 965 1,065

TABLE 1.10 - BOND TRUST ACCOUNT

Rental Bonds 1999-00 2000-01 2001-02 2002-03

Value of bonds lodged (i.e. each f/y) 10,756,514 10,122,455 11,457,259 12,553,099 Value of claims paid (in each f/y) ($) 8,996,139 9,189,379 9,838,984 10,000,885 Value of bonds held ($) (all bonds) 15,825,293 16,617,178 18,095,744 20,844,408

Business Services Unit The Unit is responsible for the management and control of resources and the provision of administrative and IT support services to RGO, including - • Human Resources - recruitment, training, OH&S etc. • Financial Services – estimates, budgets, purchasing, accounts payable/ receivable. • Information Technology – business systems, infrastructure, desktop, printers etc. • Information and Records. Significant Activities during 2002-2003 The RGO has a long-term strategy to continually develop leading edge technical solutions to business and records management issues. The Unit supported a number of important system initiatives including – • Bonds tracking facility. • RGO website enhancement. • Business Names and Associations systems enhancements. • Revised Rental Bonds Trust Account reconciliation process. • New cash management process. • Point of Sale system rollout.

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The Unit developed a training matrix to identify current levels of staff knowledge and training requirements. This has resulted in structured internal training sessions and regular feedback to staff. A staff rotation policy continues to ensure that a high level of adaptable, flexible and diversely skilled staff is maintained. The proposed integrated Customer Service Centre has led to a staff skills assessment and review. The RGO is committed to OH&S initiatives to achieve a safer, healthier workplace. A number of initiatives were undertaken including: • Introduction of 17” digital, flat screens as the preferred choice in all future PC lease replacements. • Four workplace assessments were conducted to address individual staff OH&S requirements and to develop preventative measures. • 25% of staff were provided with flu vaccinations at no cost to staff. • 25% of staff contributed to the Red Cross blood donation program. • Two OH&S representatives received OH&S training. • Voice-activated software was evaluated to address particular staff needs. • Progressive replacement of door locks with electro/mechanical devices to prevent injury. The ORB daily trust account reconciliation is now managed and maintained by the Unit to ensure separation of responsibilities. The RGO continues to accommodate a number of flexible workplace arrangements to support the specific family and health needs of staff. RGO received 815 customer satisfaction survey responses, 91.5% of which rated the RGO’s performance as good to excellent.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 73 year in review Registrar General’s Office

Registrar-General’s Office Targets 2003-2004 The RGO has developed a comprehensive Business Plan for 2003–2004. The Registrar-General’s Office is progressively moving towards the establishment of an integrated Customer Service Centre. Initiatives planned for 2003-2004 include- • Acquire and implement a replacement Land Titles data base system. • Develop an on-line search facility for Land Titles and Business Names. • Finalise agreements for electronic lodgement of birth information by hospitals. • Provide for electronic lodgement of death information by funeral directors. • Pilot and implement the Birth Certificate Validation Service. • Modernise the RGO website. • Resolve electronic signature issues for electronic lodgement of Business Names statements. • Replace the RGO’s Document Management System with the ACT Government’s proposed IDMS System. • Upload revenue information from RGO to ‘Oracle Financials’. • Develop Disposal Schedules for each document/record category as required by the Territory Records Act.

74 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Registrar General’s Office

These are some of our people from the Registrar-General’s Office

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 75 76 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review Emergency Services Bureau

Emergency Services Bureau

OUTPUT 4.1 Prevention/Mitigation Total cost $10.095m OUTPUT 4.2 Response Total cost $40.379m See volume 2 pages 94 and 95

To minimise the effects of fire, road accident, medical and other emergencies and to mitigate the potential effects of disasters.

The ACT Emergency Services Bureau (ESB) is the agency responsible for emergency management providing emergency services and other support arrangements in the Territory. The Bureau has four operational services: • ACT Ambulance Service • ACT Bushfire Service • ACT Emergency Service • ACT Fire Brigade Snowy Hydro SouthCare provides an aero-medical rescue service for the ACT and South Eastern NSW as a joint venture between the ACT and NSW Governments. Snowy Hydro SouthCare is operationally managed by the ACT Ambulance Service. The Ambulance Service and Fire Brigade have full time career officers staffing the respective services while the Bushfire Service and Emergency Service rely heavily on volunteers and other ACT Government staffing resources. The Bushfire Service and Emergency Service have joint administrative and reporting arrangements and a common management structure down to Brigade level. This allows a better community focus and enhanced mutual support. The Bushfire Service also relies on some departmental officers from the Department of Urban Services during bushfire responses.

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A number of sections within the Bureau support all these services. These are: Communications • Corporate Services • Staff Development and Training • Regional Support • Risk Management

Key Objectives The ESB’s key objectives are to: • prevent and/or mitigate hazard impact on the community; • ensure community and agency preparedness; • provide effective emergency response; • assist the community recover from incidents and emergencies; and • provide an effective emergency management service.

Key Achievements ESB’s key achievements during 2002-2003 included: • suppression of substantial bushfires in the ACT over January; • provided a detailed report to the Coroner on the Christmas 2001 fires; • contracted Fujitsu to enable the introduction of a state of the art Computer Aided Dispatch system; • conducted Enterprise Bargaining Agreement (EBA) negotiations for both the ACT Ambulance and the ACT Fire Brigade; • undertook initial planning for the construction of a new Police Station at Woden; • undertook planning for the redevelopment of an existing Fire Station facility into a joint Fire Brigade with an Ambulance facility at West Belconnen; and • recommissioned Kambah Fire and Ambulance Stations and Workshops following the January bush fire damage.

Targets for 2003-2004 • commence construction and refurbishment at West Belconnen Fire Station; • undertake design of a Joint Emergency Services Training Centre upon allocation of a site; • complete planning for the establishment of a Joint Emergency Services Centre for Belconnen;

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• manage the commencement of construction of a new Police Station in Woden; • participation in the Coronial hearing for the January 2003 fires; • implementation of the recommendations of the McLeod inquiry into the January 2003 fires; • commence planning for the implementation of a new radio system; • complete the introduction of cutting edge technology into the Communications Centre, including mobile data terminals in vehicles, automatic vehicle location and direct turnout systems; • re-establish Emergency Services infrastructure damaged or destroyed in the January 2003 fires; • continue to pursue mitigation strategies that build on the community’s ability to be resilient and prepare for emergencies; • undertake substantial education programs for the community.

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THE JANUARY 2003 BUSHFIRES Initial response on 8 January 2003 At about 3.30pm on Wednesday 8 January 2003, the fire tower operator in the Coree Fire Tower observed a large amount of lightning activity to the south and west of the ACT. Several of these lightning strikes were seen to hit the ground along the Brindabella Range which runs along the western border of the ACT. A number of fires were started by these lightning strikes, with smoke sightings being confirmed in the vicinity of McIntyre Hut (NSW), near the Bendora Hut, at Stockyard Spur and at Mt Gingera. Some time later another smoke sighting was observed by the Coree Fire Tower operator near to Mt Morgan (NSW). Fire fighting crews from the ACT Bushfire Service were immediately dispatched to the fire near the Bendora Hut (this fire was given the operational name of the Bendora fire) and to the Stockyard Spur fire. These crews responded from various locations within the ACT and were the closest available units to the fires. At the same time the ACT Bushfire Service contracted helicopter was dispatched for a fire detection flight along the Brindabella Range. The purpose of this flight was to detect the location of all fires that were either within or near to the ACT. The aircrew were also tasked to plot the coordinates of all of these fires, and provide a situation report about the size of the fires and the fire behaviour being observed. The helicopter initially flew to the Bendora fire, followed by the Stockyard Spur, then the McIntyre, the Mt Gingera and the Mt Morgan fires. The only other fire detected during this flight was a fire in the Tantangara area of NSW, approximately 22km to the south-west of Mt Gingera. The aircrew provided situation reports for each of these fires to the Service

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Management Team, who were located in the Emergency Services Bureau communications centre. On arrival at the Bendora fire the ground crews began their reconnaissance. This included determining the exact location of the fire, access and egress routes, observation of the fire behaviour being experienced and the development of suppression strategies. The Field Controller determined that access by foot was difficult, though achievable, and would take some time. The crews that responded to the Stockyard Spur fire found that the fire could not be accessed by vehicle, as the only track was overgrown and obstructed by fallen timber. In view of this the Stockyard Spur Field Controller decided there was not enough time to reach the fire before dark. The Bushfire Service helicopter attempted to slow the spread of the fire by water bombing the fire for a period. The helicopter continued to provide situation reports on these fires to the Service Management Team in ESB throughout the afternoon and into the evening, returning to Canberra just before dusk. Late in the evening the crews from both the Bendora fire and the Stockyard Spur fire returned to Canberra. No resources remained on any of the fires overnight due to safety considerations. Representatives from ESB met with the Fire Control Centre staff from Yarrowlumla and Queanbeyan Shire on the evening of 8 January to discuss the fire situation and to determine objectives, particularly for the McIntyre fire but also for the Gingera fire which was located on the border of the ACT and NSW.

The events between 9 and 16 January 2003 An early morning reconnaissance flight was undertaken by the Bushfire Service helicopter on 9 January. The situation at the Bendora, Stockyard Spur and Gingera fires was relayed by the aircrew to the ground crews and to ESB. At the same time ground crews were enroute to the Bendora and the Stockyard Spur fires, these crews arriving at their respective fires by about 7am and commenced direct attack. The Snowy Hydro SouthCare Aero-medical helicopter was tasked with water bombing and throughout the morning it concentrated on the Stockyard Spur fire, but also assisted with water bombing at the Bendora fire throughout the day. Crews from the ACT Bushfire Service assisted NSW at the McIntyre fire for some days. Fire fighting actions on the Bendora Fire between 10 and 16 January centred primarily on indirect attack, with backburning from containment lines being the main strategy used throughout this period. Direct attack on the fire front was undertaken where circumstances permitted, and spot fires were suppressed as they occurred.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 81 year in review Emergency Services Bureau

The first few days saw the fire spreading largely towards the west, with some growth also being experienced towards the east. The fire broke its containment lines on a number of occasions during this period, resulting in new strategic decisions being made about where the revised containment lines should be. Considerable effort went into ensuring existing tracks and trails were accessible for vehicles, and establishing new tracks where required. Both contracted and military plant and machinery were used for this track work. Access to the Stockyard Spur fire continued to prove difficult as the only existing fire trail was still unable to be accessed by fire fighting vehicles. It was agreed that a vehicle track needed to be constructed to the east of the fire edge, to allow ready access to ground crews should the fire make a run towards the east. This track was not designed to be a firebreak and could not stop the run of the fire once the worsening fire conditions arrived. Both the contracted helicopter and the Snowy Hydro SouthCare 1 helicopter water bombed the eastern perimeter of the Stockyard Spur fire for several days in an effort to contain its spread. On 13 January 2003 one of the contracted helicopters crashed into Bendora Dam. Snowy Hydro SouthCare crewman Euan MacKenzie, Chief Minister Jon Stanhope and the Director, Bushfire and Emergency Services, Peter Lucas-Smith, were involved in the rescue and resuscitation of the unconscious pilot. The Fire Brigade subsequently formed an Incident Management Team to coordinate the protection of the dam water from contaminants and the recovery of the aircraft from the water. On the evening of 14 January the Stockyard Spur and the Gingera fires joined and from this time onwards this fire was known as the Stockyard Fire. There was continual consultation with the Fire Control Centre in Queanbeyan about the fire situations to both the west and within the ACT throughout this period.

Responses on 17 and 18 January 2003 The ground crews continued to focus on keeping the Bendora Fire within its containment lines, and this proved successful until late afternoon on 17 January. From this time the fire spotted over its containment lines and, despite the efforts of the ground crews and water bombing by helicopters from both the ACT and NSW, the fire made a run eastwards. On the evening of 16 January, a number of crews on the Stockyard fire were attempting to establish a containment line to the south of the Corin Dam. The objective was to hold the fire to the west of the Dam. This containment line could not be established, despite the efforts of the ground crews and plant and other machinery from the Army, and the fire began moving rapidly towards the crews location so all crews moved back to Orroral Valley by 12.30pm on 17 January.

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Throughout the afternoon of 17 January, the fire continued to move towards the east, threatening assets in the Tidbinbilla Valley area. The crews redeployed into the rural areas were under threat from the fires. By nightfall the fires had impacted on locations around the Corin Ski facility, the Tidbinbilla Nature Reserve, rural properties in the Tidbinbilla Valley and Naas Valley areas, and the Pierces Creek Forestry settlements. Overnight on 17January significant effort went into suppressing the fires in these rural areas. During the evening of 17 January, crews from the ACT Fire Brigade and the ACT Bushfire Service conducted a successful backburn around the village of Tharwa. In the afternoon of 18 January, the fires made extremely fast runs towards the western suburban edge. As the fires impacted on the suburbs, crews quickly became overwhelmed by the sheer volume of requests for assistance. The Chief Minister declared a State of Emergency at 2.45pm on Saturday 18 January 2003. From mid afternoon and for the next few hours fire fighting crews responded where they felt best to lessen the impacts. During the run of these fires there were many instances of outstanding efforts by firefighters, and other emergency services workers, in saving life and property, at times under very significant risk to their personal safety. Unfortunately, due to the overwhelming nature of the event throughout the afternoon many homes, businesses, government buildings, parklands and other valued assets were damaged or destroyed by the fires and tragically four Canberrans died.

The events between 19 and 30 January 2003 For the following 12 days, the fire crews concentrated on establishing containment lines around the southern and northern suburbs and with blacking out inside the burnt areas. The Fire Brigade crews, assisted by NSW Brigade crews, also worked in the impacted suburbs making damage assessments and determining safety matters. With further severe fire weather predicted for next few days, there was a concentrated effort to establish fire breaks along the northern urban/rural interface areas and burning out between the containment lines. The State of Emergency was revoked on 28 January 2003, however, the most extreme weather day was experienced on 30 January 2003 but, with the community on very high alert, the day did not result in any major fires. The weather then abated and the threat to Canberra lessened.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 83 year in review Emergency Services Bureau

ACT AMBULANCE SERVICE The ACT Ambulance Service is responsible for the provision of pre-hospital emergency care and transport for the citizens of the ACT. The Service meets this through the strategic deployment of crews from the various stations around the Territory. Every crew consists of at least one Intensive Care Paramedic ensuring the highest level of pre-hospital emergency care is available each time a crew responds to an incident. This is a nationally unique level of service by the ACT Ambulance Service. The steady rise in demand for ambulance services continued, with the Service responding to a total of 26,599 cases for the year representing an 8.3% increase in case load from the previous year.

SIGNIFICANT EVENTS

Subaru Rally of Canberra Providing an integral role in the medical support to both competitors and spectators, the Ambulance Service again dedicated extensive standby services to the annual Subaru Rally of Canberra.

Ambulance Vehicles To ensure future consistency in design and fitout of stretcher ambulances, the Service finalised a five year purchasing plan for the response vehicles as well as internal design and fitout.

Industrial Relations On behalf of Ambulance Service members, the Transport Workers’ Union lodged a Work Value Case in the Australian Industrial Relations Commission. Following several days of hearings and a site visit, and in recognition of substantial changes in the value of work performed, the Commission ordered that an Advanced Clinical Skills Allowance be paid to officers who hold and exercise the skills of an Intensive Care Paramedic. Negotiations commenced for a new Certified Agreement.

January 2003 bushfires In conjunction with many other agencies, the ACT Ambulance Service was extensively involved in response to the devastating bushfires which occurred in the ACT in January 2003. Shortly after the lightning strikes, which started the January fires, the ACT Ambulance Service provided field support to fire fighting crews in affected areas. This support continued until 17 January and was augmented by crews from the Ambulance Service of New South Wales whose assistance the ACT had requested.

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The busiest day on record for the Service was 18 January 2003 when it responded to a total of 150 cases for the day. Crew levels were supplemented through the recall of staff and use of crews and vehicles from the Ambulance Service of New South Wales, which continued to provide assistance until 29 January. On the day of the firestorm, the ACT Ambulance Service established the Medical Emergency Coordination Centre (MECC) in the ESB headquarters in Curtin. It was from this facility that the Territory’s Health Emergency arrangements were coordinated in conjunction with the Office of the Chief Health Officer and Canberra’s public hospitals. The ACT Ambulance Service was also ably supported by Liaison Officers from the Ambulance Service of New South Wales as well as St. John Ambulance Australia. As the emergency developed, staff working in the MECC were also required to develop plans and prepare for the evacuation of a number of facilities in various areas of Canberra as the threat of fires moved. Along with the fire station, as a result of the firestorm, the ambulance facility in Kambah suffered damage which took many months to be repaired. Many Ambulance Service staff worked tirelessly over many long days, and in some extremely difficult conditions, in order to meet all of the community’s needs at the time.

Snowy Hydro SouthCare The Snowy Hydro SouthCare helicopter is a joint initiative of the governments of New South Wales and the ACT. Another busy year was experienced by the helicopter which continued to provide vital emergency care to the many people of the ACT and the south eastern region of New South Wales. Over the past year, Snowy Hydro SouthCare completed 324 missions. Since commencing operations on 1October 1998, Snowy Hydro SouthCare has completed a total of 1,354 missions. Snowy Hydro SouthCare continues to strengthen its relationships with business and community sectors in the region who provide generous financial support to its ongoing operations. Snowy Hydro SouthCare was extensively involved in the January 2003 bushfires assisting with water bombing operations, the dramatic rescue and resuscitation of the pilot whose helicopter crashed into Bendora Dam, and medical evacuations of people from affected areas.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 85 year in review Emergency Services Bureau

ACT BUSHFIRE SERVICE AND ACT EMERGENCY SERVICE During 2002-2003, the ACT Bushfire Service responded to 94 bush and grassfire incidents. This was a below average fire season with regard to numbers, but well above average with regard to the area affected by bushfires, primarily due to the January 2003 fires. The ACT Bushfire Service declared 20 Total Fire Ban days between 9 November 2002 and 13 February 2003. The ACT Emergency Service responded to 172 calls for assistance throughout the year. This is a larger number of responses than normal and can mainly be attributed to the 108 storm damage events over a 12 day period in January. Volunteer members of the ACT Bushfire Service and the ACT Emergency Service attended 84 community activities throughout the year, including the MS Fun Run, school fetes and various triathlons. Members also gave 11 presentations to senior citizens groups and six presentations to school groups.

Interstate support On 6 December 2002, 32 bushfire fighters from the ACT Bushfire Service and two ACT Emergency Service members responded to a call for assistance to Moruya on the south coast of NSW. They were tasked to assist NSW Rural Fire Service members with containing a large fire which had been burning for several weeks. On 7 December 2002, another 29 bushfire fighters and two ACT Emergency Service members responded to Moruya as a second taskforce.

Bushfire season The 2002-2003 bushfire season was far from usual in many respects. High fuel loads and continuing drought conditions saw members of the ACT Bushfire Service attending many bush and grassfires before the beginning of summer. A number of fires that had been burning to the west of Canberra since 8 January made a run towards the city on 17 January. These fires resulted in a fire front of approximately 70km impacting on the western suburbs in the ACT mid afternoon on 18 January. Members of the ACT Bushfire Service and the ACT Emergency Service provided outstanding efforts in attempting to lessen the impact of these fires, often at great personal risk.

Storm damage The winds on 18 and 19 January 2003, which contributed to the major bushfires in the ACT, also caused significant damage to houses and other buildings. The ACT Emergency Service volunteers attended 108 storm damage related calls for assistance between 18 and 30 January 2003. Most of their responses were in relation to damaged roofs.

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Community recovery Members of the ACT Bushfire Service and the ACT Emergency Service provided great assistance to the ACT community following the fires. Despite the effects that the fires may have personally had on these members, they readily attended numerous public and social events put on by the community following the fires. This included attending the commemorative Quilt Display at Parliament House for three consecutive days, the Canberra Bushfire Benefit Ball and the ABC Sunrise Broadcast at Parliament House.

McLeod Report On 3 March 2003 the ACT Government commissioned Mr Ron McLeod to conduct an inquiry into the operational response to the January bushfires, and to prepare a report to Government on his findings. This report is due to be presented to Government on 31 July 2003.

September 11 Memorial Service The American Embassy conduced a service on 11 September 2003 in memory of the first anniversary of the World Trade Centre disaster. Members of the ACT Bushfire Service and the ACT Emergency Service attended the memorial service.

ACT FIRE BRIGADE

Operations During 2002-2003 the ACT Fire Brigade (ACTFB) responded to several major emergency incidents that required the response of specialist appliances and significant resource commitment. These responses involved the deployment of the “Bronto’ Aerial Platform, the HazMat and Breathing Apparatus appliances, the Heavy Rescue appliances and Water Tankers to: • Mooseheads Night club - Civic • IGA Supermarket Fire - Griffith • January 2003 Bushfires - ACT • Multi-Function Retail Store - Phillip • Airport Hangar collapse - Fairbairn Air-Base • Numerous suspicious hazardous materials responses.

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Throughout the year the Brigade was involved in the following major public events: • Canberra Times Fun Run • Multi-cultural Festival • National Folk Festival • Numerous triathlons and cycle races • 2003 Subaru Rally of Canberra • Royal Canberra Show • Skyfire • Summernats 2003 To contribute to the safety of the community and participants at these events, the Brigade peruse the risk assessments to check risk treatments developed to cover the intricacies of all special events. When dealing with major events, the Brigade maintained close links with the ACT Ambulance Service through information sharing.

Fire Investigation Since the establishment of a Fire Investigation capability within the ACT Fire Brigade, an on-call fire investigator is now available 24/7 to assist Operational Station Officers accurately determine fire cause and origin. The information gained from correct fire cause determination is used to: • monitor the cause and effect of fires; • identify areas where future action may reduce the human and financial cost of fire and to monitor such action; and • assist in Operational decisions and public education. If a fire is attributable to some dangerous process, product or operation, the accurate investigation can prompt action to prevent a recurrence. The signing of an updated Memorandum of Understanding between the ACT Fire Brigade, the ACT Bushfire Service, the Australian Federal Police and the ACT Coroner’s Office has clarified some of the assistance available in determining fire causes.

Personal Protective Equipment (PPE) The process has commenced for the tender of Structural Fire Fighting Personal Protective garments. The ACT has been involved with the South Australian Fire Service in assessing a tender process for a new supplier of structural firefighting garments. The January fires took its toll in relation to items of PPE, in particular overpants and bushfire jackets (level 1), with a large number being replaced as a result of being damaged due to the fires.

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In general terms, all of the Personal Protective Equipment stood up to the task with very few injuries reported. A second issue of the Bushfire Jacket has also now been completed which will assist firefighters in the rotation of garments for cleaning, particularly during the peak of the bushfire season. The ACTFB is continuing to meet its health and safety requirements and leading the way in Australian Fire Services by ensuring that all items of PPE are manufactured to the most relevant Australian or International Standard.

Road Awareness and Accident Prevention (RAAP) program During 2002-2003 the RAAP program continued to focus on the aim of reducing the unacceptable level of road trauma and providing the high risk and vulnerable road users - young drivers - with education of crash risk and human performance. Experienced fire- fighters performed practical road rescue operations and conducted classroom presentations with questions on driver licensing, crash experience and other issues, to highlight the consequences of accidents due to inappropriate driving behaviour. This program continues to prove another effective Brigade prevention strategy based on community responsibility.

Urban Search and Rescue (USAR) A considerable amount of work was undertaken by USAR operators at station level during the year to ensure that the ACTFB is well prepared for any major structural collapse. This work included preplanning with equipment supply companies to ensure required equipment can be made available at short notice. Other USAR activities included: • an Instructor from the ACTFB being seconded to the UN to deliver a training course in Fiji for the Pacific Island countries of Fiji, Samoa, Vanuatu, Papua New Guinea and Tonga; • following the 18 January bushfires, ACTFB members managed a USAR taskforce of 50 people to search all structures in Kambah, Fisher, Stirling, Duffy, Holder, Rivett, Chapman and Weston and some structures in Greenway, Bonython and Gordon; • four USAR operators participated in a 48-hour structural collapse exercise in conjunction with NSW Fire Brigades; and • seeking international accreditation for the Category 1 USAR course developed by ACT Fire-fighters is being sought.

Juvenile Fire Awareness & Intervention Program ( JFAIP) JFAIP is a program managed and staffed by operational firefighters who have been trained to deliver a prevention program for children who have developed a propensity for fire lighting.

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Since its inception in 1999, the program has been an outstanding fire prevention success with recidivism as low as 2%. The NRMA continues to be an invaluable sponsor of the program. During 2002-2003, 300 JFAIP related activities were recorded. These activities include individual intervention sessions, diversionary conferences in conjunction with the AFP,public presentations and numerous phone sessions.

Fire Education The ACT Fire Brigade continued to present fire education to many kindergarten classes in the ACT during 2002-2003. With the events of 18 January, and the potential effects upon our younger community members, the starting date for fire education was put back to school term 3. Fire education's messages of self help and fire awareness are all the more relevant this year, particularly for children. The program has been successfully running since 1997.

Critical Incident Stress Management The ACT Fire Brigade Critical Incident Stress Management (CISM) program plays a vital role in the ongoing health and safety of all personnel. The team that facilitates this program consists of 10 trained personnel who assist and support firefighters and their families to cope with stress and trauma regularly encountered in the course of their duties. The peer support team, in partnership with the newly appointed provider Davidson and Trahaire, delivered timely care and guidance to a wide range of Brigade personnel. Throughout the year the peer support team responded to calls from personnel following attendance at motor vehicle accidents causing death and serious injury, drowning(s), heart attacks, fire related deaths, other trauma and six direct calls to the on call peer supporter. In relation to the January bushfires, Fire Brigade staff were involved in many debriefs. The Brigade proactively informs and educates staff on how to identify and manage the effects of critical incident stress through distribution of informative literature and the on going education of Brigade personnel and the up skilling of the peer support group.

Procedures Development Section The ACT Fire Brigade Procedures Development Section attends all major event planning meetings and makes recommendations on all aspects of risk assessments. An Operational Plan is then developed, which will be used by ACT Fire Brigade Operations as a guide to the particular event. Input from the ACT Fire Brigade has assisted the promoters of major events within the ACT to effectively analyse potential risks and suggest risk treatment strategies.

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Operational Planning and assistance was also provided by the ACT Fire Brigade to other areas including ACT WorkCover, Australian Protective Services, Capital Airport Group and New Parliament House.

Fire Safety Section With the alternative fire engineering solution approach under the ACT Building Act 1972 code, there is a requirement for approval by the Fire Commissioner of all the fire safety systems in buildings prior to occupancy. Five specialised fire safety officers assist in this building regulatory function, including a fully qualified fire safety engineer. These officers review and comment on architectural drawings of proposed building works, are consulted in design meetings, review fire safety engineering reports and inspect building works as the construction phase nears completion. Fire Safety statistics for the 2002-2003 year are as follows: • 381 fire clearance inspections of new building works; • 618 fire safety audits of occupied buildings; • 339 assessments of architectural drawings for building works; • 17 liquor licensing occupancy loading determinations; and • 83 assessments of fire safety engineering alternative solution reports.

STAFF DEVELOPMENT AND TRAINING (SD&T) The ESB Staff Development and Training Section provides a facilitating service of training for the agencies within the Emergency Services Bureau. Training delivery has been structured within the response agencies where the expert knowledge base is located; this process is supported and resourced by the SD&T section. The current format for the management of skills training across the response agencies (except Ambulance) is the development of learning material, instructors guides and assessment criteria for each unit of competence. The development of this material is provided from within the Section or through formal working parties using the workplace experts. The product produced becomes a Training Resource Kit. Workplace experts and qualified trainers conduct the delivery while trained and qualified assessors perform the assessment.

Bushfire and Emergency Services Training Bushfire and Emergency Services Training Officers developed a centralised Induction Course for new members. The priority for Bushfire and Emergency Services during the year was the provision of sufficient qualified Trainers and Assessors to undertake the introduction of the Public Safety Industry Training Advisory Body units of competence

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and deliver these to the volunteers and members at the sheds and depots. Traffic marshalling training became a priority for ACT Emergency Service volunteers when the issue arose during the bushfires of Christmas 2001. The Staff Development and Training Section provides a range of services and support on a multi agency basis to the operational and administrative areas across ESB. The section plays a key role in identifying and sourcing appropriate professional development opportunities to administrative support staff and members of the ACT Ambulance and Fire Brigade, and coordinates the development and delivery of a range of training programs for Bushfire Service and Emergency Service volunteers. During the past 12 months the Training Section provided significant input into conducting and coordinating a wide range of courses, both in-house and through external providers, to meet the specific workplace and training needs identified by the operational and administrative areas across ESB. The Section also continued to provide Studybank for staff studying at various tertiary institutions.

Fire Brigade Training The Fire Brigade Training has developed and coordinated a number of training projects, aimed at elevating the capability of the organisation in a number of key technical areas. The fire pumps used by the ACT Fire Brigade are specifically designed to undertake structural and high-rise fires. Eight operational firefighters and the mechanics from the workshops were provided with the opportunity to be trained by the Chief Engineer from Daley pumps. The firefighters became the pump instructors and developed a training package for delivery to the remainder of the Brigade. Breathing apparatus is a key occupational health and safety item, protecting firefighters respiratory systems from toxic and superheated air produced by fires or chemical spills. The equipment manufacturer provided an instructor to train the Brigade’s breathing apparatus instructors, who then provide this training to firefighters on shift.

ESB SUPPORT FUNCTIONS

Emergency Management As a result of the January fires, a State of Emergency was declared in the ACT under the Emergency Management Act 1999. This was the first time in the ACT that a State of Emergency has been declared. Declaration of a State of Emergency involved activation of the ACT Emergency Management Plan and arrangements, and the appointment of an Alternate Controller under the Emergency Management Act 1999.

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COMMUNITY LIAISON ADVISORY SAFETY PROGRAM (CLASP) CLASP provided multi-agency advice throughout the year and was particularly busy in the early part of 2003. The bushfires had a major impact on CLASP. The largest number of public talks ever given by CLASP was in March 2003. These talks were predominantly delivered in languages other than English and addressed fire concerns. During 2002–2003, as well as over 640 home reviews aimed at preventing accidents in the home, over 160 smoke alarms were fitted for seniors in the ACT. The smoke alarms were provided in conjunction with Raine and Horne. In addition, 40 talks were given to groups in the ACT. The total number of CLASP reviews in the ACT is now approaching 4,500 since the program commenced.

COMMUNICATIONS The multi-agency communication centre professionally responded the response services to over 30,000 incidents during 2003, excluding the many incidents during the January bushfires emergency. During the 2003 fires the levels of calls received on 18 January far exceeded other emergencies. The Emergency Services Bureau is currently undertaking a project to upgrade its communications infrastructure to support the operational delivery of Fire Brigade, Ambulance, Bushfire and Emergency Services assistance to the ACT community. The current phase of the project is to implement a new, leading edge, Computer Aided Dispatch (CAD) system including station direct turnout and mobile data sub-systems. The Request For Tender was completed in May and implementation of the new CAD and associated sub-systems will be completed in the next financial year. The next phase is the upgrade of the radio communications systems.

RISK MANAGEMENT Risk Management has been an extremely busy unit supporting many agency and community activities. Significant risk analysis and hazard mapping was undertaken to support the preparation of the Government land management agencies in their preparation of the 2002-2004 Bushfire Fuel Management Plan. During the 2003 fires this unit predominately provided the planning function as part of the incident management team. Other activities included input to the GIS aspects of the Communications Upgrade Project.

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In the area of community education, over 189 sessions of fire warden training and fire awareness education were conducted. Many significant public relations and community activities were undertaken including: • an information supplement in the Canberra Times titled “A day in the life of ... ACT Emergency Services Bureau” • Canberra Show • Support functions for Snowy Hydro SouthCare • Safer Communities Awards • National Medals/Clasps Awards officially presented to 37 recipients -Bushfire & Emergency Services Volunteer Exemplary Services Awards -Bushfire & Emergency Services Unit Citation Awards • Fire Brigade Calendar in Support of Camp Quality • Launches of CD, books and community events following the bushfires • Support of the Heart Foundation’s Heart Week with the Darren Wall Memorial Fun Run 2003 held annually to promote health and fitness in ESB.

REGIONAL SUPPORT SERVICES Regional Support Services is responsible for the coordination of fleet management and workshop engineering and maintenance services. Highlights for 2002-2003 include: • ongoing replacement of operational and support vehicles, including ambulances, fire appliances, water tankers, command and support vehicles; • coordination and provision of engineering services for ACT and interstate taskforces during the January fires requiring the doubling of capacity and personnel; • ongoing improvements in operational vehicles and occupant safety; • workshop personnel actively involved in firefighting for the protection of their Kambah facility during the firestorm on 18 January 2003; and • continuity arrangement for the provision of services following the damage to the Kambah workshop.

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CORPORATE ADMINISTRATIVE SERVICES Corporate Administration provides the Financial, Procurement, Personnel, and Facilities Management services to all areas of the Bureau and payroll services for the Department. The Financial Management section provided support to the ESB and Response Agencies with Budget preparation, monitoring and performance reporting, expenditure control, payment of accounts, revenue collection and with the Resource Centre providing procurement and storage of goods and services and asset control. During the year staff undertook training and underwent a transition to the new Oracle Financial System. This occurred during the January fires with the additional workload and stresses associated with ensuring that all costs associated with the fires were fully accounted. Facilities Management provides specialised services in managing the Capital Works and Maintenance of the Bureau’s building facilities. Woden Police Station and West Belconnen Joint Emergency Services Centre (JESC) Capital Works projects were deferred until 2003- 2004 pending additional funding allocations. Significant elements of the Minor New Works program were a watering system for Kambah Workshops and alterations to the Fyshwick JESC entry to improve the egress for the Fire Brigade’s Pumpers and “Bronto”. Two major feasibility studies involved accommodation options for an ESB HQ and a bushfire helipad location, as well as fuel tanks removal and wash bays at stations. In addition, the section arranged for replacement/repair of ESB infrastructure at Kambah JESC and the Mount Coree Fire Tower. The Human Resources Section of the ACT Emergency Services Bureau has responsibility for providing Payroll and Personnel services to the Department of Justice and Community Safety. The Section is also responsible for providing Occupational Health and Safety and Injury Management and Rehabilitation services to employees of the Bureau. Payroll achieved timely payments of Certified Agreements across JACS employment groups. The ESB Rehabilitation Case Manager was faced with an increase in the number of injuries and claims for compensation during and following the bushfire period. The additional support and assistance provided to employees at this time was highly valued.

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January Bushfires During the January fires, corporate staff played an important role in ensuring a high level of support to the operational staff. Many worked outside of their normal positions assisting with support for operations, planning and logistics activities. Some corporate staff had received Incident Control Systems (ICS) training and was able to put these new skills into effect and provide assistance to operations staff. The Resource Centre worked long hours to ensure that frontline Firefighting and Emergency Services crews were provided with necessary supplies and equipment. Contact Director, Corporate Administration 6207 8420 www.esb.gov.au

96 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Corrective Services

ACT Corrective Services

OUTPUT 5.1 Total cost $27.265m Corrective Services See volume 2 page 97

To protect the community by providing a safe, secure and humane correctional system which encourages offenders to rehabilitate.

Vision The vision of ACT Corrective Services is to: • provide corrective services for adult and juvenile offenders appropriate to the ACT’s needs and resources; • be recognised for its excellence; and • have the confidence and understanding of the ACT public.

Our Values The values that guide our work are: • community safety is paramount; • duty of care; • respect for the dignity and rights of individuals; • fairness and impartiality; • accountability; • integrity; and, • effectiveness and efficiency.

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Goals The goals that we endeavour to achieve: • facilitate compliance with lawful orders; • ensure the safety of people in custody and the safe management of people on community corrections orders; • reduce the risk of re-offending; • effectively project manage a new correctional facility for the ACT to replace the Belconnen Remand Centre, the Symonston Temporary Remand Centre and to house ACT prisoners; • forge a strong relationship with the Indigenous community; • respect the differences of individual offenders and eliminate all forms of discrimination in the Service; • communicate effectively with the community and those who initiate and direct our work; and, • manage resources efficiently and effectively.

Organisational Environment ACT Corrective Services is comprised of: • Six operational units: - Belconnen Remand Centre - Symonston Temporary Remand Centre - Periodic Detention Centre - Court Transport Unit - Community Corrections Unit - Rehabilitation Programs Unit • Business Policy and Coordination Unit • ACT Prison Project

98 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Corrective Services

Staffing levels for each of unit is shown in the following table.

TABLE 1 - ACT CORRECTIVE SERVICES STAFF PROFILE BY GENDER AND LOCATION

Male Female Total Belconnen Remand Centre • Custodial 47 15 62 • Non-custodial 2 4 6 Symonston Temporary Remand Centre 22 7 29 Periodic Detention Centre 5 2 7 Court Transport Unit 15 2 17 Community Corrections Unit 15 22 37 Rehabilitation Programs Unit 22 11 33 Business, Policy and Coordination Unit 13 11 24 ACT Prison Project 6 2 8

Total 147 76 223

Key Achievements

Belconnen Remand Centre (BRC) and Symonston Temporary Remand Centre (STRC) Detainee Population The BRC and STRC house persons who have been remanded in custody by the Courts. The table below illustrates the daily average detainee populations (averaged across the two centres).

TABLE 2 - DAILY AVERAGE DETAINEE POPULATION

1998-99 1999-00 2000-01 2001-02 2002-03 Non Indigenous male 33.03 37.87 45.00 52.72 53.81 Indigenous male 6.42 5.19 6.70 7.64 10.38 Non-Indigenous female 2.54 4.40 5.86 2.82 2.97 Indigenous female 0.50 1.10 1.38 0.62 1.01 TOTAL 42.49 48.56 58.94 63.8 68.18

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In November 2002, operational capacity was increased to 99 beds with the refurbishment of the old Periodic Detention Centre. This has removed the need to seek alternative accommodation through the transfer of remandees to NSW correctional facilities or overnight housing in the Court cells. However, the STRC provides only short term/temporary relief for the critical situation facing remand accommodation. The upgrade does not address the need to replace the BRC. Sentenced Prisoners in NSW As the ACT does not yet have a prison for sentenced prisoners, sentenced ACT prisoners are held in NSW correctional facilities. On average there were 126.83 ACT prisoners per month in NSW Correctional Centres during 2002-03. This is 8.15% lower than in 2001-02. The average cost per ACT prisoner in NSW facilities is approximately $176.00 per day.

TABLE 3: AVERAGE NUMBER OF SENTENCED PRISONERS ACCOMMODATED IN NSW

Year 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 Avg Males 110.25 116.42 127.17 134.91 128.33 119.58 Avg Females 8.08 6.42 10.33 13.36 9.75 7.25 Total 118.33 122.84 137.50 148.27 138.08 126.83 % change 7.17% 3.81% 11.93% 7.83% -6.87% -8.15%

Periodic Detention Centre (PDC) Periodic detention at the Periodic Detention Centre (PDC) continues to be an effective alternative to imprisonment for ACT offenders. Detainees make a positive contribution to the community while serving their period of detention by performing unpaid community work. During 2002-03, 18,508 hours of community work were performed through Periodic Detention Orders. This represents an increase of 5.55% on the previous year.

TABLE 4: HOURS OF COMMUNITY WORK PERFORMED BY DETAINEES ON PERIODIC DETENTION ORDERS

Year 1998-99 1999-00 2000-01 2001-02 2002-03 Hours completed 22,950 17,850 23,535 17, 535 18,508

100 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Corrective Services

TABLE 5: AVERAGE DAILY NUMBER OF PERIODIC DETENTION ORDERS

1998-99 1999-00 2000-01 2001-02 2002-03 Non-indigenous male 60.78 60.31 68.18 54.75 64.82 Indigenous male 3.83 3.89 5.49 7.73 5.66 Non-indigenous female 4.45 4.04 4.33 1.75 2.78 Indigenous female 0.00 0.10 1.53 1.51 2.00 TOTAL 69.06 68.34 79.53 65.75 75.27

Court Transport Unit The Court Transport Unit is responsible for: • transporting prisoners between interstate correctional centres and the ACT; • transporting prisoners and remandees (including juveniles) within the ACT; and • the provision of safe and secure custody of prisoners and remandees in ACT Courts. In the 2002-03 financial year, the Court Transport Unit performed 2383 Escort Tasks. This was a decrease of 5.1% from the 2001-02 financial year, in which 2,512 Escort Tasks were performed. Community Corrections Unit During 2002-03, Community Corrections was responsible for supervising a weekly average of 803 offenders on community-based orders. Consistent with best practice principles, resources are directed at high and medium risk offenders. The Probation and Parole Unit aims to reduce offending by the use of empirically sound risk assessment tools and a brokerage case management model, which targets criminogenic needs. The Probation and Parole Unit prepares Pre-Sentence Reports to assist the Courts with sentencing and other reports to the Courts and Sentence Administration Board. The average weekly number of reports prepared during the last year was 24. There have been some challenges retaining staff in the Community Corrections area. New staff are being recruited and a new induction training package has been developed and implemented. A work value study is currently underway to assess the appropriateness of the classifications of the positions. The level of complexity and difficulty in the role of the Probation and Parole Officer has increased markedly over the last few years. This is largely due to the increased workloads, which has resulted in active case management resources being directed to high and medium risk offenders.

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The Unit has undergone some changes in work practices to cope with the increasing workload within budget. It has established a monitoring and compliance team to manage lower risk offenders and this has allowed some increased flexibility in addressing workloads. The average weekly number of offenders being managed by telephone contact with a compliance officer was 118. A Bail officer position has also been established. The Bail officer monitors offenders on bail only and provides timely advice to the Court of any alleged breaches of bail. A dedicated Parole Team has been formed which has resulted in an increased level of customer service with key stakeholders. A security upgrade of the interview rooms has been completed and includes a non-contact interview room for high-risk offenders and two medium security interview rooms. The public areas of the unit have been refurbished, creating a calming, friendly environment. Rehabilitation Programs Unit The Rehabilitation Programs Unit was created in December 2001 and incorporates existing programs and services that focus on targeted intervention and supervision of certain offenders. The services of the Unit are consistent with a focus on specific programs for offenders that address identified risks and criminogenic needs. The Unit consists of the following sections: • Home Detention • Reparations (Community Service Orders) • Offender Intervention Programs.

Home Detention Home Detention became available as a means of serving a prison sentence (or committal) in September 2001. Feedback on the home detention process from clients and their families has been extremely positive. During the last year, five people have participated in the home detention program. As at 30 June 2003, the Home Detention Unit had provided supervision for detainees for a total of 578 client/days. During the last year, 11 Home Detention assessments were completed for the ACT Courts. The uptake of home detention has been slower than expected. However, in 2003-04 it is anticipated that the demand will increase significantly as Home Detention becomes available as an option for persons on remand.

Reparations The Reparations Section (formerly known as the Community Service Order Unit) administers the Community Service Work program, a reparative and rehabilitative community based sentencing option. The Courts ordered 222 Community Service Orders during the year, with 91% completed.

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Offender Intervention Programs This section provides a range of psychological assessments and therapeutic and educational programs for offenders subject to supervision by ACT Corrective Services, including those remanded in custody and those who attend the PDC.

Triple R Program This program (formerly known as the Young Sex Offender Program) commenced during 2000-01 and provides assessment and treatment of young people between 12 and 18 years of age who exhibit unlawful or inappropriate sexual behaviour. During 2002-03, an average of seven young people were engaged in therapy.

Adult Sex Offender Program The adult sex offender program was developed in response to a growing need for specialised sex offender assessments and treatment in the ACT. The adult program is similar to the Triple R Program. During 2002-03, an average of 20 adults were engaged in therapy.

Family Violence Program – “Learning to Relate Without Violence and Abuse” (LTRWVA) Relationships Australia has been contracted to deliver the Family Violence Program. The LTRWVA provides offence specific intervention as part of sentencing for male perpetrators of family violence against partners or ex-partners. In 2002-03, 143 assessments for group intervention and 77 assessments for individual interventions were conducted. Of this, 99 men have completed, or are completing the group program.

Violence Prevention Program This program is an intensive therapeutic program for high to medium risk community based offenders who have a history of violent behaviour and offences involving violence. After initial implementation of this program in 2002, it was decided that further development was required. A comprehensive theoretical rationale for the structure and processes of the program is at present ‘a work in progress’.

Cognitive Behaviour Program for Adult Male Offenders– “Thinking for a Change” In 2001, ACT Corrective Services acquired a skills based intervention program entitled ‘Thinking for a Change’. An external evaluation of this program has been conducted and as a consequence of this, the Rehabilitation Programs Unit is currently implementing the recommendations contained in the report in order to improve program attrition and delivery.

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During 2002-03 a total of five programs were conducted for community-based offenders, with 23 offenders completing the program. A total of 8 programs for offenders located at the PDC were conducted. A total of 37 offenders completed the program at PDC.

Cognitive Behaviour Program for Adult Female Offenders– “Thinking for a Change” This program was launched in June 2002 and has similar aims to the Cognitive Behavioural Program for men, but has been specially designed to account for the specific needs of women. During 2002-03, one program was conducted with five female offenders completing the program.

Alcohol and Other Drugs Program ACT Corrective Services have recently established a range of alcohol and drug educations programs that are delivered in the Remand Centres and at the Periodic Detention Centre.

Counselling / Case Management – BRC, STRC Each detainee who has been identified has having an alcohol or drug problem will undergo an assessment by the Alcohol and Drug Worker based at BRC. Case management of detainees who require referral to outside resources upon release, such as ongoing counselling or rehabilitation, will be undertaken by the Alcohol and Drug Worker, Counsellor/Case Manager located at BRC. Business, Policy and Coordination Unit The business, policy and coordination unit is comprised of the following units: • Policy Unit • Indigenous Services and Cultural Diversity Unit • Operations Support Unit • Business Systems Unit, and • Training Unit.

Policy Unit The Policy Unit is responsible for providing high-level advice to the Minister and senior executive staff on matters relating to the delivery of correctional services in the ACT. The Unit offers senior administrative support to other line areas within the organisation by responding to issues raised by the Legislative Assembly, community groups, other jurisdictions and members of the public. The Unit meets organisational responsibilities such as the: • research, development and interpretation of policies relating to correctional practice;

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• development of protocols and Memoranda of Understanding; • drafting of Standing Orders that govern the safe and secure operation of custodial operations; and • preparation of Ministerial briefs, correspondence, reports and submissions.

The Indigenous Services and Cultural Diversity Unit In 2001, ACT Corrective Services established a new Indigenous Services and Cultural Diversity Unit to allow better monitoring of Indigenous issues across the whole agency. The Unit is committed to ensure that ACT Corrective Services and its programs are efficient, impartial and meet the needs of ACT offenders regardless of their cultures, ethnic and religious backgrounds. This unit is broken into a cultural diversity section and an indigenous services section.

Cultural Diversity In the 2002-03, the Cultural Diversity section has been: • A first point contact for ACT offenders from Culturally and Linguistically Diverse backgrounds and their family members • Disseminating unit service information to the wider community. • Assisting ACT Corrective Services staff and its operational services to enhance their services by: - giving advice whenever cultural conflicts occur with clients. - translating and interpreting Community Based Order information documents for clients under supervision into different languages. - adding dictionaries and other reading material in foreign language to the libraries at Belconnen and Symonston Remand Centres and supplying newspapers and magazines in different languages to detainees on a weekly basis. • Implementing Cross Cultural Awareness programs and organizing guest speakers from different ethnic communities. • Reviewing the Standing Orders and Procedural Manuals of ACT Corrective Services on a regular basis to maintain their relevance and effectiveness to the needs of clients.

Indigenous Services The Indigenous Services section has: • liaised with the Winnunga Nimmityjah Aboriginal Health Service in developing a Family Violence Program. This program will address culturally specific issues that are not addressed in mainstream programs.

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aided the Training Unit in developing strategies for recruiting Indigenous Custodial Officers. • developed a strong working relationship with the six operational units within ACT Corrective Services and with Vocational and Educational Providers (CIT). • helped to develop an Indigenous database utilising Court statistics to help measure recidivism and the effectiveness of rehabilitation programs. This, in turn, allows a more professional monitoring process to assist in lowering the Indigenous incarceration rate. • participated in forums organised by the local Indigenous Community and agencies such as the ATSIC Regional Council, Aboriginal Justice Advisory Committee and the Indigenous Consultative Council. • worked in conjunction with Corrective Services Rehabilitation Unit to establish a number of Indigenous Reference Focus groups. These focus groups will address issues such as sexual offending, and family violence.

Operations Support Unit The staff within the Operations Support Unit provide: • strategic financial management, monitoring and reporting within the context of a 26 million dollar budget distributed over 13 individual areas of activity; • management of the assets database and the coordination and arrangement of purchasing and payment of accounts; • human resource management, including monitoring, coordination of recruitment, extensive liaison with staff and other activities related to the support of over 200 staff working in a variety of discrete environments; and • general operational office support functions to the agency.

Business Systems Unit (BSU) During the 2002-03 financial year the Unit has been responsible for the policy, management and coordination of business systems architecture and training arrangements to support the operational areas and management of ACT Corrective Services such as: • Provision of professional advise, regarding information technology and statistical information to the Director of ACT Corrective Services, Justice and Community Safety, Australian Bureau of Statistics and the Assembly. • Assistance with the specification, design, construction and reporting of business systems requirements • Coordination and development of any resulting business system, coupled with the ongoing administration and support of existing systems.

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Over the past 12 months the BSU has also worked towards improving the way ACT Corrective Services conducts its business through: • The creation of a database structure for 25% of the planned Corrections database. • Liaison with staff to ensure that database development results in a user friendly and effective service wide system. • Successful modification of the previous accounting system, enabling users to more readily identify data entry errors. • The provision of ongoing training and technical assistance to all online centres. Such training and assistance is expected to increase as further centres are brought online. Work on Client Order And Sentence Tracking (COAST), an integrated database application designed to improve service delivery for clients and enhance client “throughcare” is continuing. A uniform database platform across Corrective Services Units will provide improved efficiency during entry, extraction and reporting of information maintained in ACT Corrective Services Business Systems. While the centralisation process increases security and enables information sharing, it also results in significant performance degradation for those centres linked to the ACT Government network through a 2 Mbit link (to date these include BRC and STRC). A number of possibilities were identified to address these performance issues including: 1. Upgrading the bandwidth from the current 2 Mbit links to 100 Mbits 2. Modifying the existing (Access) platform to a more commercially viable option. 3. Restructuring the existing database applications to increase speed and efficiency. Of the above, No.3 while not ideal, was identified as being the most cost effective short-term option. This option is expected to provide increased efficiencies and improved speed for those areas currently accessing the database via the 2 Mbit link.

Training Unit The Training Unit is responsible for the policy, management and coordination of training and education within Corrective Services and includes: • co-ordination of professional and personal development training activities; • responsibility for the management of ACT Corrective Services status as a Registered Training Organisation (RTO) to deliver training, conduct assessments and issue nationally recognised qualifications for Certificate III in Correctional Practice (Custodial) in accordance with the Australian Quality Training Framework; and, • provision of professional advice training matters relevant to ACT Corrective Services’ needs and operations.

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Key Achievements • Awards ACT Corrective Services was awarded Employer of the Year at the 2001 ACT Training Awards. For the second year running, Corrective Services was a finalist for this award. In conjunction with ACT Youth Justice, ACT Corrective Services was awarded an Industry Award for Excellence in Training at the Australian Training Awards in November. Corrective Services – also for the second year running – has a finalist in the Student Awards in the category Trainee of the Year at the 2003 ACT Training Awards. Additionally, an Indigenous Corrective Services employee has been nominated by the Yuruana Centre (CIT) for the 2003 NAIDOC award Aboriginal/Torres Strait Islander Scholar of the Year for his studies and involvement in vocational education. • Education Corrective Services continued to provide vocational education and training to their staff. Corrective Services recruited 27 new custodial recruits into vocational traineeships under New Apprenticeship arrangements compared with 13 in 2001-02. In 2002-03, 96% of the total custodial workforce held at least the Certificate III in Correctional Practice. Of that number, 54% have continued on to higher education at the Certificate IV level Custodial Corrections (Custodial/Community streams). Diploma level vocational education was offered for the first time in 2003 for students who had completed their Certificate IV. 56% of students who completed their Certificate IV in 2002 continued on to Diploma level education. Tenders have been sought (in conjunction with Youth Services Bureau) for articulation of current vocational education qualifications into a recognised undergraduate university bachelor’s degree. The degree will be offered in 2004. ACT Prison Project Options for addressing the ACT's correctional needs, including the establishment of a remand centre only or the establishment of a facility for both remand and sentenced prisoners, have been developed. These options are presented in a report titled "Proposals for Future ACT Correctional Facilities". This report includes capital and operational cost estimates (based on broad design concepts) for a new remand centre and proposed a number of options for the establishment of a full correctional facility in the ACT. The Government has announced that its preferred option is to construct a full correctional facility to accommodate 354 sentenced and remand prisoners. Of these, the remand facility will accommodate up to 138 remandees, a Transitional Release Centre will be established to house 60 low security prisoners (who are eligible for day and work release) and the remaining accommodation will be for minimum, medium and maximum- security prisoners.

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The estimated capital cost of the project is $102.4m in 2003 dollars. The estimated project delivery time is three years. The government is currently considering a number of possible sites in the Majura Valley. Women’s Correctional Issues A senior policy officer within ACT Corrective Services’ Policy Unit provides a focus on women’s correctional issues for the agency and a central point of contact within ACT Corrective Services for other agencies responsible for policies and the services relating to women. The Intersectoral Reference Group on Women’s Correctional Issues is convened by ACT Corrective Services and provides ACT Corrective Services with a means to increase community awareness on a range of criminal justice and correctional issues. The reference group provides ACT Corrective Services with a mechanism to consult with other government agencies and community representatives on correctional issues relating to women. During the year, the Intersectoral Reference Group on Women’s Correctional Issues developed a statement of guiding principles to underpin the development of future correctional policy in respect of women and young women. During 2002-03, ACT Corrective Services has improved its response to the needs of women who are remanded in custody and who are mothers of young children, particularly those children who are being breastfed. In consultation with other relevant agencies, Standing Orders for the remand centres and the Periodic Detention Centre, have been reviewed and amended to provide greater access for women to their young children during the period of their detention. During 2002-03 ACT Corrective Services took part in consultations carried out by the ACT Office for Women for the development of the ACT Government Policy Framework, Justice Options and Prevention – working to make the lives of ACT women safe. This policy statement contains strategies across government agencies for the elimination of violence against women.

Targets for 2003–04 Adult Custodial Corrections • Complete upgrade of the existing induction/medical treatment/store areas at the BRC. • Refurbishment of A Yard STRC • Complete the implementation of a Case Management Policies and Procedures Manual • Expand staff development options • Prepare for move to new correctional facility

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 109 year in review ACT Corrective Services

Community Corrections • Continue to establish a new streamlined Training Protocol for Probation and Parole/Community Corrections Officers • Review level for officer’s positions in Probation and Parole Business, Policy and Coordination Unit The Indigenous Services and Cultural Diversity Unit • The Appointment of an Indigenous Manager • Improve working relationships with Indigenous Organisations that have an interest in ACT Corrections, e.g. Winnunga Nimmatyjar Aboriginal Health Service and Aboriginal Justice Advisory Committees • Collect information on NSW Indigenous Corrective Services Programs • Networking with National Indigenous Justice Advisory Committees and Organisations • Recruitment and retention of Indigenous Staff within ACT Corrections • The development of guidelines for probation and parole staff who deal with Indigenous clients

Business Systems • Integration of all Corrective Services Units • Begin integration with other departmental agencies such as the magistrates courts • Start the sharing of electronic information (such as prisoner histories) with other States • Development of an IT plan for the new ACT correctional facility Rehabilitation Programs Unit • Implementation of the Correctional Programs Assessment Inventory • Evaluation/Review of Home Detention • Implementation of Home Detention for remandees • Provision of Alcohol and Other Drug programs at the remand centres and PDC • Provision of the Cognitive Behavioural Skills program at Belconnen Remand Centre ACT Prison Project • Acquisition of the site for the correctional facility and the completion of a Preliminary Assessment under the Land (Planning and Environment) Act 1991 • Finalisation of the schematic design and detailed design for the facility • Engagement of a contractor for the development of design documentation • Commencement of earthworks on site

110 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety year in review ACT Corrective Services

These are some of our people from ACT Corrective Services

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 111 112 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole of government issues

ANNUAL REPORT 2002 – 2003

Key Issues 115 Resources and Ownership Agreement Reporting 125 Statutory Requirements 141 Appendices 153 114 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Key Issues Key Issues

Community Engagement

Community Consultation The department undertook major community consultation during the year in a number of ways.

Policy and Regulatory Division The Division conducted several major public consultation processes, particularly concerning the Bill of Rights and the Same Sex, Transgender and Intersex Law Reform Program. The ACT Bill of Rights Consultative Committee, to which the Division provided secretariat services, conducted the following program of community consultation: • established a website; • released an Issues Paper (in April 2002), sending copies to over 1,500 groups and individuals as well as making copies available at ACT Government Shopfronts – 145 written public submissions were received in response to the Issues Paper; • sent a pamphlet to all ACT households as an insert in the Canberra Chronicle; • held six town meetings; • spoke to over 2,000 people at community group meetings; • commissioned an independent company to conduct a deliberative poll of 200 Canberrans; and • in conjunction with the Australian National University, held an international conference on bills of rights. The Same Sex, Transgender and Intersex Law Reform Program also conducted an extensive consultation campaign. An Issues Paper was tabled in the Legislative Assembly and published online. An independent consultant was engaged to conduct focus groups – 338 public submissions were received and substantial qualitative information was provided by the focus groups to assist in the preparation of the Government Report in April 2003.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 115 whole government issues Key Issues

Registrar-General’s Office The Office undertook the following consultation and education processes during the year: • cooperation and consultation with the ACT Real Estate Institute and Property Managers on amendments to the Residential Tenancies Act l997 concerning Condition of Premises Reports; • continuing education to agents through the Real Estate Institute, the Canberra Institute of Technology and individual agency visits; • consultation and negotiation with all ACT hospitals for the electronic transfer of births notification data on a daily basis; • rollout of the Point of Sale system in each RGO Business Unit as part of working towards an integrated Customer Service Centre for all RGO customers; • consultation with government and community agencies as part of the ACT Bushfire Recovery Process. RGO replaced 955 Australian BDM certificates to bushfire victims at no charge;

Law Courts & Tribunals Law Courts & Tribunals enhanced its electronic service delivery platform during the year by commissioning a new case management system in the Court of Appeal. It also maintained its direct 1,800 complaints telephone line and commissioned the first common form customer service survey for clients of both the Magistrates Court and the Supreme Court.

ACT Corrective Services The ACT Corrective Services Prison Project had previously conducted an extensive consultation process. Information obtained during that process has informed ongoing planning for an ACT prison. In light of the Government's in principal agreement to the establishment of a 350 bed prison in the ACT, and the Chief Minister's recent announcement to that end, the Prison Project Office has renewed the consultation process with an emphasis on meeting with individual agencies and stakeholder groups. It is considered that this approach will best allow a focus on the specific interests of particular groups. Consultation will be ongoing during planning and construction phases. It is hoped that community agencies will be well engaged and support a throughcare model of case management in the operation of the new facility.

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Parliamentary Counsel’s Office The Office gave presentations on the ACT legislation register to the Legislative Assembly, the Law Courts and Tribunals, law librarians, the Law Society, the Director of Public Prosecutions and the Bar Association. Some of the Department’s Boards and Committee also undertook consultation during the reporting period.

Fair Trading Advisory Committee (FTAC) The reformed Fair Trading Advisory Committee is a forum that enables community representatives to present to the ACT Government their views and suggestions on creating and maintaining a fair trading environment in the Territory. The Committee also allows its members the opportunity to propose practical solutions to actual problems that are being experienced in the community and bring matters of concern to the attention of the Commissioner for Fair Trading and the Minister. The FTAC process also encourages the members to report the activities of the Office of Fair Trading back to their membership and networks. The views of the Committee are taken into account in relation to the activities of the Office, particularly in relation to consumer and trader education and information.

Police Consultative Board The Police Consultative Board employs community consultation as a central strategy in its broad goal of promoting positive relations between the community and the police in the ACT.

‘First Contact’ seminar The Board’s initial process of community consultation following its commencement in 2000 established a foundation for its first major event. This was a seminar focussing on the experience of ‘first contact’ with police. The Board understood that the overwhelming majority of complaints concerning police derived from this first point of contact between a police officer and a member of the community.

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To ensure that the views of various stakeholders were captured, the Board considered that wide community and police representation was essential. To this end a very broad consultation process was undertaken by the Board's secretariat. The focus was on identifying frontline workers who had direct experience, and who could call on their own firsthand observations in the field rather than hearsay or the reports of others. Sectors represented at the seminar were: -youth - senior citizens -Aboriginal people - multicultural -victims of crime - legal aid - mental health - police -drug and alcohol The 'First Contact' seminar was held on 23 August 23 2002 as a one day event. It was well attended with all invited sectors being represented, often with multiple points of view from different agencies within a sector. As well as exhaustively exploring the targeted issues, many participants expressed the view afterwards that they had gained a greatly enhanced appreciation of the challenges faced by workers in other sectors. It is the view of the Board that the seminar, through its non-confrontational and educational environment, was particularly effective in identifying key issues and building enhanced relationships between key ACT justice and community sector organisations.

Consideration of police and mental health In February 2003 the Board met with the new Minister for Police and Emergency Services, The Hon Bill Wood, after which Mr Wood wrote to the Board. The Minister noted that the report of the ‘First Contact’ seminar identified integrated approaches as important and mental health as a priority area and requested the Board’s further consideration and advice on the interaction of police and mental health Subsequently the Board embarked on a wide-ranging consideration of this complex area through a process of community consultation that commenced with inviting a wide range of experts in this area to meet and explore this area. Briefings to assist the Board were received from: • ACT Police • Community and Health Services Complaints Commissioner • Corrective Services • Directions ACT

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• Mental Health Services • Mental Health Crisis Team • Office of the Community Advocate • Toora Womens Refuge • Youth Coalition of the ACT Following the release of an Interim Paper on police and mental health, it is envisaged that the Board will hold a specialist workshop on the issue in spring 2003 modelled on the inaugural ‘First Contact’ seminar.

ACT Bushfires In April 2003 the Board received a preliminary briefing on police issues related to the 18 January bushfires from Ron McLeod, Stuart Ellis and Leanne Power of the ACT Government’s Inquiry Into the Operational Response to the January Bushfires.

Service delivery improvements While no major service delivery/process improvements were implemented throughout the department, a number of minor improvements were made, details of which are provided under the relevant Year in Review section of this report.

Complaint procedures The department is committed to providing customer service in a friendly, efficient and respectful manner. People have the right to raise concerns and make legitimate complaints and the department’s complaints policy and procedure allows people to do this. They can expect that the issues raised will be handled in a fair, confidential and responsive manner, free from repercussion or prejudice. Some areas of the department have tailored the policy and procedures to their own requirements (for instance, the person to whom complaints may be made). The policy then relates to those areas except where there is a specific complaints mechanism specified in legislation or where alternate service-specific policies and mechanisms have been implemented e.g. Freedom of Information, Public Interest Disclosure, Privacy, Grievance, Ombudsman and the Administrative Appeals Tribunal. Some offices within the department provide customer feedback facilities on websites as well as conducting regular customer surveys. For example, the Registrar-General’s Office published its complaints policy in pamphlet form and on its website. Its customer satisfaction surveys are conducted continuously and results are collated and reported on a quarterly basis. Any adverse comments and suggestions are routinely pursued.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 119 whole government issues Key Issues

Aboriginal and Torres Strait Islander Reporting During the year the Registrar-General’s Office provided birth, death and marriage certificates, at no cost, to Aboriginal and Torres Strait Islander persons affected by separation from their families. The Office also cooperated with the Australian Bureau of Statistics to improve indigenous identification and reporting in birth and death registrations. ACT Corrective Services (ACTCS) provided input into the new Drug and Alcohol Strategy being implemented by ACT Health in delivering programs to the ACT Indigenous Community. ACTCS is involved in the development of the Corrective Services Minister's Conference (CSMC) COAG Reconciliation Framework through the Attorney Generals Reconciliation Working Party. Consultation with the ACT Indigenous community on the proposed prison project is continuing through various forums, such as the Aboriginal Justice Advisory Committee (AJAC) and the Ngunnawal Elders Council. ACTCS has established an Indigenous Focus Group. The terms of reference for the group include examining offender intervention programs to ensure that a greater indigenous focus is used. Further, the group is examining the possibility of developing an Indigenous healing journey program for community based Indigenous offenders.

Multicultural Framework The Registrar-General’s Office (RGO) has a culturally diverse staff and customer base. The RGO continues to provide training to its staff in anti-discrimination, cultural equity and diversity issues. The RGO will continue to review its publications, forms and practices to address and accommodate the cultural diversity of its customers. The RGO uses additional resources available eg Translating and Interpreting Service (TIS). The Government Solicitor’s Office (GSO) employs a number of staff members with culturally diverse backgrounds. ACT Corrective Services (ACTCS) is in the process of expanding the existing data collection system for ACT offenders to include more detailed relevant demographic information. ACTCS recruitment strategies have attracted an increased response from the wider community. The considerably higher number and greater diversity of staff working in our various operational and administrative areas are evidence of our ongoing commitment to embrace and encourage diversity. It has also enabled us to more efficiently service clients from a culturally diverse background.

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In order to enhance knowledge and understanding of staff about different cultures, guest speakers from different ethnic communities are being invited to participate in the ACTCS Cross Cultural Awareness program.

Fraud Prevention The introduction of the Government’s model Internal Audit Framework during the year was in accordance with the Auditor-General’s report No. 4 2002 ‘Framework for Internal Auditing in Territory Agencies’. The Department has responded by establishing an Internal Audit Committee with an independent Chair and the appointment of an Internal Auditor. The Audit Committee is requiring outsourced assistance with the development of a Business Risk Framework, Strategic Internal Audit Program and Annual Plan and the conduct of its internal audit services. The Committee is currently considering submissions from outsourced agencies for “co-sourced” consultancy services to be provided on the following basis: • undertake a Threat and Risk Assessment (TRA) of the business operations of the Department and deliver a risk management framework for significant operational, financial organisational, compliance and assurance issues that comprise the basis of a Strategic Audit Program and Annual Internal Audit Plan; • assist in the development of an inaugural three-year Strategic Audit Program and Annual Internal Audit Plan for the financial year 2003-04; and • subsequently the successful external firm will undertake appropriate internal audit reviews in accordance with the risks and priorities identified within the Program and the Plan. Fraud, and anti-corruption and integrity issues will be incorporated as an integral part of the overall profile being developed and will be in accordance with the Government’s Fraud and Anti-Corruption Framework currently being developed. The Internal Audit committee will continue to develop the new Fraud and Anti-Corruption Framework through review during 2003-04 as a matter of priority. As part of continuous improvement for 2002-03, Internal Audit conducted the following reviews into particular aspects of governance issues concerning the Department: • review of payroll and aspects of Human Services; • consolidation of controls and procedures for Executive and non-Executive Motor Vehicles within the Department • review of performance measures in the Office of Fair Trading; and • audit issues in the Agents Board.

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The following fraud and anti-corruption training was undertaken during 2002-03: • Fraud Prevention Liaison Forums – AFP forum; • Getting Wired Risk Management Seminars – Comcover; • Government Fraud and Corruption Seminar and Workshop – IIR; and • Tools and Techniques Training Course – Institute of Internal Auditors – Australia. There was no fraud detected that provided a loss to the Department during the year.

Equity and Diversity The Department will launch its first Equity and Diversity Plan early in 2003-04. The plan addresses the results of a departmental “EEO Climate Survey” which was conducted in late 2001 and showed that the Department needed to improve in all three key outcome areas described in the ACT Public Service Equity and Diversity Framework. The Department covers a wide range of functions and significantly different types of working environments. It also operates in accordance with a distributed management model. All Cost Centre Managers are aware of equity and diversity issues and seek to pursue and apply equity and diversity priorities in their organisations. During the year a number of staff from the Registrar-General’s Office received training relating to equal employment opportunity and workplace diversity. Representatives from the Chief Minister’s Department and the Human Rights Office provided sessions for staff to discuss workplace diversity and discrimination. The training was identified as part of feedback sessions and inserted into a training matrix against competency-based selection criteria.

Justice Options and Prevention Policy Framework The Department is committed to ongoing law reform addressing women and violence, with the current focus on sexual assault. A major initiative has been the introduction of legislation in June 2003 to protect confidential disclosures to counsellors in circumstances of serious sexual assault from use in criminal trials. The Department continues to actively engage in collaborative strategies to improve the criminal justice response to women and violence. The pilot study of sexual assault data held by various ACT criminal justice agencies will provide valuable research and analysis on women’s experience of reporting sexual assault, due for completion by the end of August 2003. Funding has also been secured to develop an integrated response to the investigation and prosecution of sexual assault.

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Future directions for the Department on justice options and prevention for women will also take into account the report by the ACT Human Rights Consultative Committee, released in May 2003. If endorsed by Government, there are major implications for the Department in regard to the establishment in law for equal access to justice for women and the protection of the family and children.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 123 124 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Resources and Ownership Agreement Resources and Ownership Agreement Ownership Agreement The obligations under the ownership agreement are complied with fully by the information contained in areas of the department’s Annual Report, particularly in volume 2 “Financial Statement” reporting.

Certified Agreements There are no commitments in either the departmental certified agreement or the custodial officers agreement to incorporate elements of reporting into Annual Reports.

Staffing Profile The tables on the following pages provide details of the departmental staffing profile as at the last pay in 2002–03.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 125 whole government issues Resources and Ownership Agreement 1096.82 Temporary TOTAL MFMF TOTAL Permanent Total Casual Part-time FMFMFMF Full-Time 9.00 3.00 0.00 0.00 0.000.00 1.00 0.00 9.00 0.00 4.00 0.00 13.00 0.00 8.00 0.00 3.00 0.00 1.00 0.00 1.00 0.00 13.00 0.00 0.00 0.00 0.00 0.00 99.00 254.68 4.76 19.79 0.73 5.63 104.49 280.10 384.59 74.39 212.60 30.10 67.50 384.59 66.41 20.0025.00 2.37 35.00 0.79 0.60 5.01 6.11 1.18 0.00 73.79 0.00 21.97 95.76 25.60 41.11 52.00 17.00 66.71 21.79 20.00 4.97 32.81 95.76 5.60 8.30 66.71 637.41 405.68 9.48 30.70 5.74 7.81 652.63 444.19 1096.82 570.34 355.42 82.29 88.77 282.00 5.00 0.00 0.00 0.00 0.00 282.00 5.00 287.00 282.00 5.00 0.00 0.00 287.00 otal echnology FULL TIME EQUIVALENT (FTE) STAFF AS AT THE LAST PAY DAY (200326) IN 2002/2003 - 18 JUNE 2003 DAY THE LAST PAY AS AT (FTE) STAFF FULL TIME EQUIVALENT Members Excluding Board ClassificationsExecutives M Statutory 5.00Office Holder 15.00Senior Officers 1.00Administrative 5.00 54.00Service Officers 0.00Information 1.00 46.00 0.80T 0.00Officers 1.00 0.00 0.95General Service 0.00Officers 4.01 0.00 8.00 0.00Ambulance 0.00Custodial 0.00 0.00 0.00 0.00 5.00Judicial 66.00 0.00 0.00 15.80Fire 0.00 31.00 1.00Legal 0.00 5.00 54.95 0.00 6.00Professional 0.00 6.00Officers 50.01 20.80 1.00 0.00Graduate 1.00 0.00 4.00 3.00Administrative 104.96 2.00Assistants 1.00 0.00 0.00 0.00 0.00 48.95 1.00Other 2.00 2.00 8.00T 0.00 47.01 0.00 0.00 2.00 13.80 6.00 0.00 1.00 0.00 0.00 66.00 0.00 3.00 3.00 1.00 31.00 8.00 6.00 0.00 0.00 20.80 104.96 0.00 97.00 6.00 0.00 6.00 0.00 66.00 0.00 1.00 4.00 31.00 2.00 2.00 0.00 10.00 0.00 0.00 0.00 6.00 1.00 8.00 3.00 97.00 1.00 0.00 0.00 1.00 0.00 10.00 0.00 1.00

126 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Resources and Ownership Agreement 1.000.00 0.00 1.000.00 1.00 Disc Com - Human Right's Comm 1.00 1.00 - Commissioner for the AAT PAAT/MAG 1.00 COM EC 7.81 5.74 13.55 1.00 0.004.000.00 1.00 5.00 CMADV - Communitty Advocate, Com Advocate 4.00 9.00 (Magistrates Court Judiciary) Magistri, some tribunal, not AAT 4.00 Court Judiciary Supreme 30.70 9.48 40.18 88.77 82.29 171.06 433.19 356.63 789.82 Everyone less the Acts below 405.68 637.41 1043.09 355.42 570.34 925.76 Female Male Total Female Male Total Female Male Total 444.19 652.63 1096.82 444.19 652.63 1096.82 444.19 652.63 1096.82 TTENDANCE TYPE BY GENDER otal Acts otal otal emporary FTE EMPLOYED UNDER VARIOUS LEGISLATION FTE EMPLOYED UNDER VARIOUS T A T BY GENDER EMPLOYMENT STATUS T PSMA Discrimination Act 1991 Act 1989 AAT Community Advocate Act 1991 Act 1990 of Public Prosecutions Director Electoral Act 1992 Magistrates Court Act 1985 0.00 Court Act 1933 Supreme Brigade (Administration) Act 1974Fire 1.00 5.00 1.00 DPP 284.00Full-Time Part-Time 289.00Casual Other\DO, FIRE, SO AE, BE, DE, SUPT Admin\FireCom, Permanent T

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 127 whole government issues Resources and Ownership Agreement SUPER BRC an ASO) (as they are COMMS OFFICER + OPS MGR OSO RELOFF TDO TO 2 + TO 4 TTO PROS 2 + 3 MAST SUP CRT SPO C + VISITOR CS Female Male Total tal Classifications 444.19 652.63 1096.82 CLASSIFICATION BY FULL TIME EQUIVALENT AND GENDER BY FULL TIME EQUIVALENT CLASSIFICATION To Administrative Service Officers OfficersInformation Technology General Service OfficersAmbulance 280.10Custodial 1.00 104.49JudicialFire 384.59 1.00 Unknown Election, Trainee, ASO1-6, FPO, PA, Legal 0.00 OfficersProfessional 2.00 8.00 ITO1-2, SITOC Graduate Administrative AssistantsOther 31.00 8.00 GSOs 66.00 0.00 21.97 97.00 4.00 4.00 TRAN 1 + AO CLINCO CLINICAL MGR 73.79 1.00 5.00 41.11 9.00 6.00 95.76 1.00 CO 1 + 2 3 4 OFFTR CUST GAA 282.00 25.60 13.00 10.00 + SPEC MAG CHIEF MAG + JUDGE SC MAGISTRATE + PO 1 2 SPO A B DCL + PATHOLOGIST 287.00 DO + FIRE SO AE BE CE DE SUPT 66.71 0.00 1 + PROS PRES + LEGAL 1 2 PARALEG AAT 0.00 0.00 P/Trustee ExecutivesStatutory Office HolderSenior Officers 1.00 5.00 5.00 50.01 15.80 54.95 6.00 Mag AAT COM Advocate, EC, FIRE COM, DPP, 20.80 104.96 MANAGER, DIRECTOR, ESM, P/Trustee Contract CE, Exec, EO Southcare, SOA, SOB, SOC, MAN1 DPP,

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AGENCY PROFILE Female Male Total Policy and Regulatory Division 21.32 13.80 35.12 Director of Public Prosecutions 26.82 19.00 45.82 Government Solicitor's Office 32.10 13.00 45.10 Parliamentary Counsel's Office 14.62 7.60 22.22 ACT Courts - Judicial & Magistrates 4.00 9.00 13.00 ACT Courts 100.66 28.46 129.12 Ministerial and Corporate Services 26.76 13.00 39.76 Registrar General's Office 22.70 14.80 37.50 Office of Fair Trading 13.33 14.00 27.33 Electoral Commission 2.45 2.00 4.45 Community Advocate 7.00 5.00 12.00 Office of Rental Bonds 6.00 2.00 8.00 ACT Human Rights Office 3.00 0.00 3.00 Commissioner for Land & Planning 0.00 0.00 0.00 Land and Planning Appeals Board 1.75 1.00 2.75 Corrective Services 70.49 118.97 189.46 Emergency Services Bureau 69.67 382.00 451.67 Office of the Public Trustee 19.52 8.00 27.52 P/Trustee Southcare Helicopter Service 2.00 1.00 3.00 JACS TOTAL 444.19 652.63 1096.82

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 129 whole government issues Resources and Ownership Agreement

EEO STAFF REPRESENTATION FOR JUSTICE AND COMMUNITY SAFETY

As at Pay 200326 – 18 June 2003 Information is supplied on a voluntary basis. Female PWD 1 PCLDB 2 ATSI 3 Total 4 Justice and Community Safety 515 15 104 10 1,219 Total 5 515 15 104 10 1219 Percentage of Total Headcount 42.2% 1.2% 8.5% 0.8%

1 PWD – Person with a disability. 2 PCLDB – Person from culturally or linguistically diverse background. This information replaces the former People from Non-English Speaking Background (NESB) which was reported on in previous years. 3 ATSI – Aboriginal or Torres Strait Islander 4 Total – Counts all staff as at Pay 26 2002-2003 regardless of employment status as full-time, part-time or casual. The figures here are measured as a headcount and differ from the Staffing Profile report, which is expressed as full-time equivalent. 5 Staff could be identified in more than one EEO group.

Australian Workplace Agreements (AWAs) As at 30 June 2003 the department had 34 AWAs in place; three entered; one being negotiated; one awaiting approval from the Office Employment Advocate; and three had lapsed (in the department excluding ESB). All departmental AWAs are of 36 months duration. The range of remuneration payable is: Specialist Barrister (SOG A equivalent) - $76,070 – 112,346 SOG A - $96,537 – 102,812 SOG B - $65,496 – 99,656 Note: There are two further AWAs for custodial staff, however, salary ranges are not included for confidentiality reasons.

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Workers’ Compensation The number of new workers’ compensation claims for the department (including the Emergency Services Bureau) for the 12 months to 28 February 2003 was 89. The number of open (accepted) claims as at that date was 73.

Learning and Development Learning and development planning is undertaken at Cost Centre level, utilising individual performance management feedback opportunities, or group discussions, often against relevant competency frameworks and position descriptions. There is no overall planning at the departmental level and there are, therefore, no priorities identified at a whole of department level. For instance, the ACT Electoral Commission updated its learning and development plans during a series of planning workshops. At these workshops, and in staff discussions, it identified the following priority learning areas: • financial management • advanced information technology training • electoral law and research • leadership development. During 2002-03, $660,355 was invested in learning and development opportunities for staff across the department. The department has four registered organisations providing training to the Emergency Services Bureau and ACT Corrective Services. The running costs of these organisations are not included in the figure. All but a small minority of departmental contract executives have undertaken the Career Path Appreciation assessment against the ACT Public Service Executive Leadership Capabilities. There has, however, been a limited uptake in the development program due to funding limitations. The department does not have a single performance management system. Individual Cost Centres are encouraged to model their performance management systems on the Chief Minister’s Department’s Guidelines for Performance Management. Cost Centres such as the Parliamentary Counsel’s Office and the Policy and Regulatory Division have undertaken significant reviews and/or implementation of performance management during the year.

Consultancy and Contractor Services The processes used to select and manage consultants and contractors were consistent with the ACT Government Procurement Guidelines and Circulars and the Consultancy Guidelines “Achieving the Effective Use of Consultants in the ACT Public Service”.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 131 whole government issues Resources and Ownership Agreement of Non- Reason for Use of Prequalified Construction Supplier n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a quote method, as per procurement Gov’t guidelines. 11/26/02 written Three n/a Managing Contract of Select Managing ContractConsultancy of Let Tender Solicitor Bonds Office Commission $4,529.00 COMLAP n/a n/a Cost of Agency Area Date Reason for Use $29,500.00 COMLAP n/a n/a $4,500.00 COMLAP n/a n/a $6,262.23 ACT Government n/a n/a $500.00 COMLAP n/a n/a $9,655.00 Human Resources 5/31/02 n/a $3,745.00 Registrar-General’s n/a n/a $10,418.26 Human Resources 7/1/02 n/a Employee assistance, rehabilitation services and advice Employee assistance, rehabilitation $5,011.55 Human Resources 7/1/02 n/a Paving Survey Street lighting column design Street Recruitment and Travel Process services IT project-Land Titles Database Replacement Titles IT project-Land Temporary employment services Temporary Monitoring compliance with the disclosure scheme - Monitoring compliance with the disclosure Audit services $15,967.80 Electoral alter and Turnbull Account Reconciliation Review of Rental Bonds Trust $1,700.00 Office of Rental n/a n/a arious arious arious ellowEdge Consulting transition & coaching Executive Recruitment, career $35,940.00 Human Resources 10/1/02 n/a erry Brosnan & Asgard & Asgard erry Brosnan Industrial Relations advice and legal drafting services $21,896.92 Human Resources 10/1/02 n/a Maunsell Australia Pty Ltd cases services for AAT Professional CONSULTANCY AND CONTRACTOR SERVICES CONSULTANCY Name of Consultant Description of Consultancy Maunsell Australia Pty Ltd for Alinga Street proposal Report on refurbishment Scott Murray & Associates Gungahlin Lakes Country Club - 10th hole safety reportGHD Pty Ltd $5,500.00 $1,818.00 COMLAP COMLAP n/a n/a n/a n/a GHD Pty Ltd Maunsell Australia Pty Ltd case services for AAT Professional V W V Pty Ltd Ceridwen Management Data analysis T Capital Management Select Australia Y V Acumen Alliance

132 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Resources and Ownership Agreement of Non- of Prequalified Construction Supplier n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 8/16/02 Original Supplier n/a Managing Contract of Select Managing Contract of Consultancy Let Tender Division Division Commission Division Bureau Bureau Bureau Division Bureau Bureau Bureau Commission $104,250.00 Policy & Regulatory 6/1/02 n/a $10,247.27 Services Emergency n/a n/a $54,000.00 Policy & Regulatory 11/27/02 n/a $8,218.18 Services Emergency 2/1/03 n/a $21,082.50 Services Emergency 2/1/03 n/a $6,245.00 Services Emergency 11/1/02 n/a Cost of Agency Area Date Reason for Use Reason for Use to reports, scenario analysis to reports, $75,547 was spent on contractor services, involving contracts of less than $15,000. These services included postage, printing, storage, advertising, travel and security. In addition to the above two contracts, a further $75,547.00 Electoral strategy and performance management projects & intersex people in the ACT & WorkshopsACTFB Review of Management Structure $8,949.00 Services Emergency 11/1/02 n/a ACTFB Joint Selection Commmittee to consider Applications Consultancy Services $17,090.91 Services Emergency 10/22/02 n/a arious Akesson, Robert Fixed Asset & Stock Stocktake Assistance Name of Consultant Description of Consultancy V Software ImprovementsSoftware Counting System - changes and Vote Voting Electronic $34,391.54 Electoral Insight Business Solutions Plan Projects Transition Issues Deliberation Australia Deliberative Poll on a Bill of Rights for the ACT People FoundationsConsulting Group Gamkrelidze by George Consultancy Services provided $15,000.00 Policy & Regulatory associated with JACS PRD people Grear and Maureen n/a n/a O’Brien Rich Research for gay & lesbian bisexual transgender Focus Group $9,090.64 Policy & Regulatory n/a n/a Access Economics ESB Fleet Management Review Alchemy APS Commission Asgard Capital Management Asgard CIT Solutions Pty Ltd Assessor Services Workplace

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 133 whole government issues Resources and Ownership Agreement of Non- of Prequalified Construction Supplier n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Consultancy LetBureau Tender Bureau Bureau Bureau Bureau Managing Contract of Select Managing Contract of Bureau Bureau Bureau Office Counsel’s Office Counsel’s Bureau Bureau $21,017.43 Services Emergency n/a n/a $14,400.00 Services Emergency n/a n/a $5,875.00 Parliamentary $10,681.53 Corporate Services 8/1/02 11/1/02 n/a n/a $6,850.00 Services Emergency 7/4/02 n/a $5,850.00 Services Emergency 11/6/02$79,855.00 Services Emergency 9/4/02 n/a n/a $12,160.00 Services Emergency 1/1/03$24,447.52 n/a Services Emergency $106,149.00 Parliamentary 6/1/01 n/a Cost of Agency Area Date Reason for Use Reason for Use $9,980.00 Services Emergency 4/1/03 n/a $8,734.00 Services Emergency 12/2/02 n/a Consultancies below $5,000 documentation prep Public Access to Legislation Project Planning Day for PCO EBA Consulting Feasibility Study - HQ Upgrade and Hume Helipad $94,784.00 Services Emergency 9/3/02Contracts/Needs n/a ACT AM/FM Study Review of Management arious ellow Edge erry Brosnan Effective People Pty Ltd Services ACTFB Professional NSW State Forest and tender Structure Design of Mt Coree Name of Consultant Description of Consultancy GHD Pty Ltd Lagen Spatial Pty LtdLisa Castles & Associates GIS Consultancy OH&S Consultancy Maunsell Australia Pty Ltd Issues Feasibility Study - Environmental Rapid Map Global GIS Services Resolution Consulting Mark Harradine Budget Consultancy V Elkera Pty Ltd Y T GHD Pty Ltd

134 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Resources and Ownership Agreement n/a n/a of Non- of Prequalified n/a Construction Supplier n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 3/7/03 n/a Office of Fair Trading Managing Contract of Select Managing ContractConsultancy of Let Tender Prosecutions Office of Fair Trading n/a n/a Bureau Community Advocate Regulatory Division $1,000.00 Human Rights Ofice 77,450.01 ACT Law Courts On-going n/a 46,144 of Public Director 7/1/02 n/a $7,000.00 Corporate Services 11/1/03 n/a 16,800.00 ACT Law Courts n/a n/a 42,700.00 ACT Law Courts128,079.00 n/a ACT Law Courts n/a30,440.29 ACT Law Courts n/a On-going n/a n/a $14,624.00 $109,640.00 Emergency Services $109,640.00 Emergency 8/1/01 n/a Cost of Agency Area Date Reason for Use Reason for Use 2200 COMLAP n/a n/a $533.62 Corporate Services ongoing n/a $40,188.60 Corporate Services n/a n/a $7,765.00 Office of the 7/19/02 n/a $18,182.00 Policy and 8/1/02 n/a ocurement Consultancy Services ocurement Additional resources required to represent COMLAP at AAT to represent required Additional resources Counselling Services Development Program IT Consultancies below $5,000 Receptionist Services IT COMCEN Monthly Support and System Maint For the provision of an Integrated Business SystemFor the provision $188,000.00 Below $15,000 Website Design Studio - remake of website Design Studio - remake Website arious arious .A.L.M. Management Strategic Planning Rod Nichols Sarkissian Associates Planners Allstaff Australia (Deakin CPTED) for AAT required Specialise report 3400I.T Matters COMLAP n/a n/a Name of Consultant Description of Consultancy IPS IBM Business Consulting Accessments for Executive Leadership P Barabin PTY LTD V Scottish Pacific Business IT Finance PTY LTD Spherion Recruitment IT Bytetime Corporation Pty Ltd Pr Strategic Business Consulting Solutions V Australian Institute of into ACT Recidivist Offenders Research CMG IT Services Criminology Couch Design

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 135 whole government issues Resources and Ownership Agreement of Non- of Prequalified Construction Supplier n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 3/24/03 n/a echnology echnology Bureau Bureau Bureau Managing Contract of Select Managing ContractConsultancy of Let Tender Bureau T Bureau Bureau Bureau Bureau Bureau T Bureau Cost of Agency Area Date Reason for Use Reason for Use $47,325.44 Services 12/5/01 Emergency $51,624.18 n/a Services Emergency 2/1/03$59,130.00 n/a Services Emergency 6/4/02 n/a $7,459.20 Library $83,133.27 Services Emergency 2/1/03 n/a $40,388.42 Services Emergency 2/1/03 n/a $24,640.00 Services Emergency 5/1/02 n/a $82,506.00 Information 6/1/03 n/a $38,436.00 Services 5/1/03 Emergency n/a $18,881.25 Services Emergency 2/1/03 n/a $6,509.09 Corporate Services $69,316.97 Services Emergency Survey, Consulting and Professional Services Consulting and Professional Survey, Below $15,000 Below $15,000 Employee assistance trauma debriefing for Disaster Bushfire Contract Payment Scheduled - CAD Project ConsultancyContract Payment Scheduled - CAD Project $168,825.47 Services 5/5/03 Emergency n/a arious arious ellow Edge raining Pty Ltd Deeble B& C Pty LtdFujitsu Australia Station Driveway Fyshwick Fire Name of Consultant Description of Consultancy Davidson Trahaire Disaster Debriefing for Bushfire Trauma Insight Technology DMS Case Sheet scanning John Sleigh Management Consultancy CUP Project The One Umbrella Library Officer IPS T NSW Ambulance Service Support Recovery Bushfire NetworksSpectre and Database System Development including Web V $162,201.25 Information Ongoing n/a Spherion Recruitment Recruitment Services for CUP Project Y V Bytetime Corporation IT Support Services

136 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Resources and Ownership Agreement 8 0 0 8 61 0 0 40 40 120 450 330 601 $’000 $’000 $’000 0 5,000 9,710 9,710 668 7,080 4,532 3,291 $’000 $’000 Financing Financing expense 8,099 8,099 4381,611 1,611 5,699 230 4,492 3,283 1,381 TBA Jun-05 350 350 20 TBA Jun-04 801 801 200 Jun-03 Jun-06 5,000 5,000 Original Revised Original Revised 1/7/02 Pre Approved Revised Actual ork in Progress orks in Progress oden Police Station otal Territorial Capital Worksotal Territorial 5,000 5,000 0 5,000 120 61 otal otal otal Departmental Capital Works Joint Emergency Services Training Facility Services Training Joint Emergency TBA TBA 460 460 10 Belconnen JESC Forward Design Belconnen JESC Forward CAPITAL WORKS MANAGEMENT CAPITAL ProjectsDepartmental & Territorial Completion Date Cost Projected Expense 2002-03 2002-03 2002-03 T T T Charnwood JESC W W TERRITORIAL W T DEPARTMENTAL Major New Works PDC Upgrade CourtDisability Access to Supreme Fitout of New AccommodationMinor New Works BRC UpgradesESB MNW Nov-02 Dec-03Departmental MNWFeasibility Studies Apr-03 1,414 IssuesESB Environmental Dec-03 1,414ESB Headquarters Upgrade 3,000ESB Hume Helipad Nov-02 3,000 Dec-02 0 3,100 3,100 0 Apr-03 Jun-03 Jun-03 1,414 Jun-03 Jun-03 Jun-03 Jun-03 Jun-03 438 Jun-03 205 1,000 Jun-03 80 130 207 80 205 Jun-03 2,700 130 75 Jun-03 80 1,000 80 75 39 15 2,700 0 0 0 7 0 15 2,744 0 205 130 80 0 80 75 205 130 80 15 80 153 75 90 80 15 80 75 15

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 137 whole government issues Resources and Ownership Agreement

Asset Management Strategy The Department’s asset management strategy aims to support the Government’s service delivery programs through utilisation of departmental assets in an effective and efficient manner by implementing the following principles: • a strategy within an integrated Government asset management framework • an efficient and cost-effective asset acquisition framework • effective accountability mechanisms for maintaining and protecting assets • effective disposal processes that minimise surplus and under-performing assets • an effective control structure that provides the framework for asset management. Major asset management strategies for the department in 2003-2004 include: • construction and completion of the West Belconnen Joint Emergency Services Centre (JESC) • continuation of the ongoing accommodation rationalisation program • forward design of the Belconnen JESC and joint emergency services training facility • provision of wheelchair access to the Supreme Court building • construction of a new police station in Woden • commencement of a 2 stage upgrade of Dickson Ambulance Station

Office Accommodation The Department’s office accommodation includes commercial premises used for general administration and client service functions, but excludes operational accommodation. The Department’s 491 office employees occupy 9,579 square metres in six locations, with a utilisation factor of 19.5 square metres per employee. Total office operating costs were $2.493million.

Asset Management Improvements The Department’s overall goal in strategic maintenance planning is to ensure that assets continue to maintain business objectives and service delivery requirements. Planned maintenance programs should ensure that capital investment is sustained. An effective maintenance strategy is vital in allowing the Department to plan and implement a successful maintenance program that aligns with capital investment and operations. The key principles in asset operation and maintenance programs include long term reductions in life cycle costs, greater asset performance and optimisation of useful asset lives.

138 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Resources and Ownership Agreement

Energy Reduction The Government is committed via its Greenhouse Strategy to reduce energy consumption in buildings by 25% over an eight year period commencing 2000-2001. Implementation of the Government’s strategy is an ongoing process and the Department is committed to contributing to these targets. The Department, in conjunction with the Asset Management Group in the Department of Urban Services, is examining accommodation needs with a view to reducing energy consumption through lower overall accommodation space, and a move towards more energy efficient space utilisation, as and when existing building leases expire. The Department will also participate in the introduction of software measures to reduce power for personal computers, and the Department’s vehicle fleet will be reviewed with regard to vehicle type and size, fuel type and efficiency.

Condition Audits The Department aims to develop asset maintenance strategies that allow targeted maintenance to be undertaken in a timely and cost effective manner. One of the key maintenance strategies implemented by the Department is to conduct condition audits of all properties on a regular basis. This will enable the Department to target and prioritise annual maintenance requirements in a more effective manner. This should also produce benefits in overall strategic planning in the maintenance program. Condition audits are undertaken on a three-year rolling cycle, with the last falling due in 2001-2002. A major building condition audit was commenced in April 2003 and will be completed early in 2003-04.

ACT Government Passenger Vehicles At 30 June 2003 the Justice and Community Safety portfolio had 69 passenger vehicles on long-term hire from ACT Fleet.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 139 140 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Statutory Requirements Statutory Requirements

Occupational Health and Safety (OH&S) Administrative Arrangements An Occupational Health and Safety Advisor was employed during the year to help address OH&S responsibilities and issues within the department.

OH&S Committees The departmental OH&S Committee met a number of times during the year. It meets every four to six weeks and discusses a range of OH&S issues, including injury prevention strategies. The Committee has representatives from all designated work groups (DWGs), including GIO House, Allara House, Public Trustee Building and the Courts. ACT Corrective Services and the Emergency Services Bureau hold sub-committee meetings which in turn report to the departmental committee. Following the certification in June 2003 of the Department’s 2003-2004 Certified Agreement, elections for Health and Safety Representatives and Management Representatives were held across the department. All elected members are to attend in- house training in August 2003.

Activities and Initiatives In March 2003 the influenza vaccine was offered to staff who do not receive a vaccination if their daily work places them in at risk situations. A registered nurse from Corporate Medical Options vaccinated approximately 25 staff members for a small fee. Court and Corrective Services staff were offered Hep B vaccinations as well as influenza vaccinations. Staff is encouraged to attend yoga classes, for a small subsidised fee, as an aim to reduce stress related injuries/illnesses and for the general wellbeing of staff. ACT Workcover held its first Safety Month in May. The department participated by holding the following three safety month activities: An OH&S Bright Ideas Competition – 11 entries were received with some interesting and achievable OH&S solutions. Three winners were chosen in two categories – two in OH&S and one environmental winner: • OH&S – putting black strips on the edges of steps to assist those who are visually impaired • OH&S – areas in which photocopiers and printers are located should have extraction fans to disperse toxic fumes • Environmental – provide plants to all work areas for healthy oxygen.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 141 whole government issues Statutory Requirements

The second activity was information sessions on ‘How and when to fill out Accident/incident Forms’.. Seven sessions were held in different locations with good results. The department is encouraging staff to fill in Accident/Incident Forms in order to locate its ‘OH&S Hot Spots’ to enable preventative programs to be developed. The third activity was two information sessions on ‘First Aid in the Workplace’.. The sessions were held in GIO House and the Courts and the presenter was Howard Wren from the Emergency Services Bureau. First aiders were invited to attend these very informative sessions. A new initiative to educate Cost Centre Managers about their accident and incidents has been trialled. Every three months, accident/incident data regarding injury mechanisms per department, lost time injuries and claims activities are sent to Cost Centre Managers so that they can keep track of, and prevent accidents or incidents, within their area. Workplace assessments continue to be conducted to highlight any ergonomic concerns in a staff member’s work area. The ACT Government issued a ‘Safety First’ initiative to review and help develop OH&S. Part of this initiative is the Injury Prevention and Management Project (IP&MP) that will specifically look at ways to prevent and better manage injuries within the ACT Government. The department has representatives on the steering committee and the reference group. The department, along with ACT Health, has volunteered, as part of the Project, to participate in Comcare’s Return to Work Assessment Program. The aim of the Program is to highlight the department’s strengths and weaknesses in relation to its rehabilitation processes and to develop an action plan for improvement.

SUMMARY OF ACCIDENTS

Dangerous Lost time Other Total Accidents reported to occurrences/ injury/disease ACT Workcover (s85) near misses

71770946 No Provisional Improvement Notices were issued during the year.

Investigations A building audit was conducted by ACT Totalcare of the Magistrates Court. The audit reviewed the building structure, its electrical and fire compliance and OH&S risks. It has been recommended that attention be given to areas such as roof sections and seals, carpets, painting and footpaths.

142 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Statutory Requirements

Commissioner for the Environment No investigations were carried out by the Commissioner of any activities carried out by the department.

Public Interest Disclosure The procedures for handling Public Interest Disclosures within the portfolio remained unchanged during the reporting period and no disclosures were received.

Government Contractual Debts (Interest) The department was not required to make any interest payments in accordance with the Government Contractual Debts (Interest) Act 1994 during the year. No contracts were entered into which the Act did not apply.

Freedom of Information The ACT Freedom of Information Act 1989 (the Act) provides a legally enforceable right of access by citizens to all documents in the possession of the ACT Government, subject only to exemptions to protect the legitimate interest of the ACT Government, and of the third parties who deal with the ACT Government. The Act requires certain reports to be complied and included in agency annual reports. This report comprises three sections: • a section 79 (1) statement for all ACT Government departments and agencies; • a section 79 (2) Statement for the Department of Justice and Community Safety; and • a section 7 Statement for the Department of Justice and Community Safety. A separate Section 8 Statement as required by the Act can be obtained from the Department’s Freedom of Information Officer or found on the Department’s website.

SECTION 79(1) STATEMENT Section 79(1) of the Act requires this department to publish a report setting out the number of requests received by all ACT Government agencies showing the number of days taken to complete the processing of each request. The following report is based on the Administrative Arrangements in force at 30 June 2002. During 2002-03, 397 requests (325 in 2001-2002) were received under section 14 of the Act. Of this total, 24 requests were still being processed as at 30 June 2002. In addition, a total of 21 internal review requests were lodged. There was one application for an amendment of records.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 143 whole government issues Statutory Requirements received ----- <31 31-45 46-60 61-90 90+ 0 0 of records) (amendment received ---- 0------0------0------0------0----- day on which it was section 48 day on which it was ----- 0------0------0------0------0----- <31 31-45 46-60 61-90 90+ 0 0 1 1 0 0 0 9 9 7 6 1 - - - 0 10 10 10 10 Section 14 2002-2003 – after the request process 2002-2003 – after the request process No. Requests Number of days taken to No. Requests Number of days taken to (initial request) easury Portfolio ACT Insurance Authority ACTEW 1 1 Australian International Hotel School ACT Government Board Procurement Stadiums Authority ACT Gambling and Racing Commission Commissioner for Public Administration REPORT ON THE OPERATION OF THE FREEDOM OF INFORMATION ACT 1989 – SECTION 79(1) OF THE FREEDOM INFORMATION REPORT ON THE OPERATION Agency Office Auditor-General’s Portfolio Chief Minister’s Department Chief Minister’s Tr Department of Treasury ACT Workcover and Canberra Tourism Events Corporation

144 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Statutory Requirements received ------<31 31-45 46-60 61-90 90+ of records) (amendment Received ---- 0------0------0------0----- day on which it was section 48 day on which it was ----- 0------0------0------0------0------0------0------0------0----- <31 31-45 46-60 61-90 90+ 0 Section 14 2002-2003 – after the request process 2002-2003 – after the request process No. Requests Number of days taken to No. Requests Number of days taken to (initial request) otalcare Industries otalcare otal number of requests includes 1 decision pending as of 30 June 2003 and withdrawn. otal number of requests Director of Public ProsecutionsDirector Electoral CommissionOffice of the Community Advocate 2Office of the Public Trustee 0 OfficeRegistrar-General 1 0 1 0 1 - 1 - - 0 ACT Human Rights OfficeACT Legal Aid OfficeCommissioner for Land & Planning 0 1 1 1 1 Agency Independent Pricing and Regulatory Division Kingston Foreshore Development AuthorityExhibition Park in Canberra ACTTABT T 1 0 0 Justice and Community Safety Portfolio Department of Justice & Community SafetyACT Courts and Tribunals 0 1 18 1 14 2 1 1 - 0

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 145 whole government issues Statutory Requirements received ------<31 31-45 46-60 61-90 90+ 0 0 0----- 1 - - 1 -0 - 0 0 of records) (amendment 711 Received ---- 0------0------0----- 0----- day on which it was section 48 day on which it was ----- 0----- <31 31-45 46-60 61-90 90+ ------1 1 4 3 - - 1 - 1 1 - - 1 - 2 2 6 4 1 - 1 - 10 9 1 - - - 14 8 6 - - - 98 56 27 39 20 4 5 - 2 42 35 12 12 Section 14 2002-2003 – after the request process 2002-2003 – after the request process No. Requests Number of days taken to No. Requests Number of days taken to (initial request) outh and Family Services otal number of requests includes 8 decisions pending as of 30 June 2003. otal number of requests otal number of requests includes 4 decisions pending as of 30 June 2003. otal number of requests Central Office Mental Health The Canberra Hospital Y CI T0 T Department Disability, Department Disability, Housing and Community Services T Calvary Public Hospital Agency Housing and Community Services Portfolio Disability, Housing ACT and Family Services Education, Youth Department of Education, Health Portfolio ACT Community Care Urban Services Portfolio Department of Urban Services City Management City Operations Corporate

146 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Statutory Requirements another department.

received ------<31 31-45 46-60 61-90 90+ 1 0 0 of records) (amendment Received ---- 0------0----- day on which it was section 48 day on which it was ----- 0------0----- 0----- <31 31-45 46-60 61-90 90+ 0 0 10 6 15 11 2 - - - Section 14 2002-2003 – after the request process 2002-2003 – after the request process No. Requests Number of days taken to No. Requests Number of days taken to (initial request) otal otal number of requests includes 11 decisions pending as of 30 June 2003, 4 requests withdrawn, and 4 decisions transferred to withdrawn, and 4 decisions transferred includes 11 decisions pending as of 30 June 2003, 4 requests otal number of requests otal includes decisions pending, 397 262 67 26 6 3 Commissioner for the EnvironmentCanberra Public Cemeteries 0 Policy Coordination Cultural Facilities Corporation Planning and Land Management 75 34 22 13 1 - Environment ACT Environment Agency Customer Services and Information 5 4 T T T decisions transferred decisions withdrawn and

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 147 whole government issues Statutory Requirements

SECTION 79(2) STATEMENT Requests for Access A total of 18 requests for access to documents were received by the department in 2002-2003. The following table outlines the access decisions made for these requests.

Decision Number of Requests Percent (%)

Full Release 2 11 Partial Release 13 73 Entire Exemption 0 0 Technical Refusal 3 16 Still being Processed 0 0 Total 18 100

Internal Reviews and Administrative Appeal Applications One application was received under section 59 of the Act to review a decision. The request resulted in the further documents provided to the applicant. No applications were made to the Administrative Appeals Tribunal.

Fees and charges Initial applications and internal reviews no longer attract an application fee. The department did not collect any fees in relation to the processing of requests.

Amendment of Personal Records The department did not receive any section 48 requests.

SECTION 7 STATEMENT Introduction Section 7 of the Act requires the Minister responsible for an agency to prepare and publish a statement about the particulars, functions and powers of the agency as well as certain categories of documents held by each agency and the arrangements for public participation in the formulation of policy and operations. This statement is correct to 30 June 2003 and replaces the statement published in the 2001-2002 Annual Report of the Department of Justice and Community Safety.

Organisation Functions and Powers The organisation and functions of the department are described elsewhere in this Annual Report. Legislation administered by the Attorney-General and the Minister for Police, Emergency Services and Corrections is published in full in the Administrative Arrangements Orders.

148 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Statutory Requirements

Public Participation in Decision-making Arrangements for public participation in decision-making include public submissions to inquiries, discussion at public meetings, consultative committees for specific purposes, access to records through FOI requests, comments on draft documents, comments on bills before the Assembly and contact with the relevant Minister.

Categories of Documents The department holds several basic categories of documents: • those that are freely available on request and without charge; • those available for sale including those that are part of a public register; • those that are exempt under the Freedom of Information Act 1989 (the Act); and • all other kinds of documents that may be available under the Act.

Documents available on request and without charge Documents within this category include publications produced by the department on various aspects of its activities. These are distributed from public counters and libraries throughout the Territory and may be available on the Department’s website. Other documents include: • discussion papers and reports of law reform proposals; • public register of brothels, escort agencies, liquor licences and X-rated film licences; • industry codes of practice; • the Renting Book; • consumer and safety guides; and • other various information brochures.

Documents available for sale including those that are part of a public register This category of documents include: • the Guide to Leases – Commercial and Retail; and • Territory legislation (may also be obtained free of charge from www.act.legislation.gov.au)

Documents of other kinds that may be available under the FOI Act Such documents may include: • general files including internal, interdepartmental and public documents, minutes of meetings of management and other committees, agendas and background papers, policy statements, financial and staffing estimates;

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 149 whole government issues Statutory Requirements

• diaries, rosters, work sheets; • policy and advice files; • records held on microfilm, computer or paper in connection with divisional functions; • photographs, videos and films; • financial and accounting records; • details of contracts and tenders; • files on applicants, complainants, clients, detainees, remandees and parolees (which may include information on victims); and • records of government including the machinery of government.

Facilities for Access Those seeking information are encouraged to seek access by contacting the department before resorting to the more formal FOI procedure. In many cases it may be possible to access information far more quickly and efficiently through such an approach.

All FOI requests should be directed to: Director Public Law Group Department of Justice and Community Safety GPO Box 158 CANBERRA ACT 2601 The physical location is: Public Law Group Level 2 GIO House 250 City Walk Canberra City ACT 2601

150 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety whole government issues Statutory Requirements

Ecologically Sustainable Development The department continues to pursue the principles of ecologically sustainable development, in particular by recycling and replacing large vehicles with smaller, more fuel efficient vehicles. Some further initiatives implemented throughout the year involved the Registrar-General’s Office as follows: • significant reduction in paper usage by developing electronic lodgement and storage facilities i.e. BDM Online, Business Name Renewal and an image-based document management system; • adoption of ‘Objective’ as part of the ACT Government’s IDMS project that will minimise paper usage within the Office; • replacement of the land title database system to allow for online search and lodgement of land titles data, further minimising toner usage; • development of a document disposal schedule under the Territory Records Act 2002; • internet publication of manuals and forms, reducing printing needs; • recycling of paper and spent toner cartridges; • proposed co-location of Office business units will reduce energy usage and rationalise floor space and office machines requirements; and • introduction of email as a preferred delivery medium for land title searches. In addition, Law Courts & Tribunals was selected as a pilot site for the new ACT Government Asset Management System. This included piloting a new site assessment tool, which includes measures for improved energy efficiency as part of an overall asset management plan.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 151 152 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

ANNUAL REPORT 2002 – 2003 appendices Appendices

Reports by the Auditor-General There were a number of Auditor-General’s reports to which the department either responded or had input. The following report related specifically to the department:

Auditor-General’s Report No 3, 2003 Emergency Services The Government’s response to this report will be finalised and provided to the Legislative Assembly after receipt of the Report of Mr Ron McLeod into the Operational Response to the January Bushfires.

Reports by the Ombudsman The department did not receive any formal public reports by the ACT Ombudsman during the year.

Legislative Assembly Committee Inquiries and Reports There were no Legislative Assembly Committee Inquiries or reports that specifically related to the operations and activities of this department.

154 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

Legislation The following tables detail the legislation enacted during the reporting period for which the department is responsible: Government Sponsored legislation Title of Act Introduced Passed Act No LR Date Administrative Appeals Tribunal 14.11.02 12.12.02 57/2002 A2002-57 20.12.02 Amendment 2002 Agents 2003 13.03.03 06.05.03 20/2003 A2003-20 19.05.03 Bushfire Inquiry (Protection of Statements) 08.05.03 19.06.03 25/2003 A2003-25 23.06.03 Amendment 2003 Civil Law (Wrongs) 2002 20.08.02 26.09.02 40/2002 A2002-40 10.10.02 Community Based Sentences (Transfer) 12.12.02 20.02.03 5/2003 A2003-5 03.03.03 2002 [Act Citation: Community Based Sentences (Transfer) 2003] Confiscation of Criminal Assets 2002 [Act Citation: 21.11.02 04.03.03 8/2003 A2003-8 27.03.03 Confiscation of Criminal Assets 2003] Consumer and Trader Tribunal 2003 20.02.03 01.04.03 16/2003 A2003-16 09.04.03 Cooperatives 2002 22.08.02 19.11.02 45/2002 A2002-45 05.12.02 Criminal Code 2002 26.09.02 10.12.02 51/2002 A2002-51 20.12.02 Discrimination Amendment 2002 (No 2) [Act 21.11.02 13.03.03 15/2003 A2003-15 27.03.03 Citation: Discrimination Amendment 2003] Electoral Amendment 2002 (No 2) [Act 29.08.02 24.09.02 32/2002 A2002-32 08.10.02 Citation: Electoral Amendment 2002] Firearms (Prohibited Pistols) Amendment 2003 17.06.03 26.06.03 312003 A2003-31 30.06.03 Justice and Community Safety Legislation 27.06.02 22.08.02 27/2002 A2002-27 09.09.02 Amendment 2002 Justice and Community Safety Legislation 12.12.02 18.02.03 2/2003 A2003-2 03.03.03 Amendment 2002 (No 2) [Act Citation: Justice and Community Safety Legislation Amendment 2003] Law Reform (Miscellaneous Provisions) 22.08.02 24.09.02 34/2002 A2002-34 08.10.02 Amendment 2002 Legislation (Gay, Lesbian and Transgender) 12.12.02 13.03.03 14/2003 A2003-14 27.03.03 Amendment 2002 [Act Citation: Legislation (Gay, Lesbian and Transgender) Amendment 2003] Legislation (Statutory Interpretation) 13.03.03 03.04.03 18/2003 A2003-18 09.04.03 Amendment 2003 Mental Health (Treatment and Care) 29.08.02 24.09.02 33/2002 A2002-33 08.10.02 Amendment 2002 Prostitution Amendment 2002 29.08.02 24.09.02 35/2002 A2002-35 08.10.02 Rehabilitation of Offenders (Interim) 21.11.02 10.12.02 50/2002 A2002-50 20.12.02 Amendment 2002 (No 2) Security Industry 2002 [Act Citation: 12.12.02 20.02.03 4/2003 A2003-4 03.03.03 Security Industry 2003] Statute Law Amendment 2002 9.5.02 29.8.02 30/2002 A2002-30 16.09.02 Statute Law Amendment 2002 (No 2) 14.11.02 10.12.02 49/2002 A2002-49 20.12.02

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 155 appendices

Legislation resulting from Private Members’ Bills Title of Act Introduced Passed Act No LR Date Bushfire Inquiry (Protection of 05.03.03 12.03.03 13/2003 A2003-13 27.03.03 Statements) 2003 Crimes (Abolition of Offence of 12.12.01 21.08.02 24/2002 A2002-24 09.09.02 Abortion) 2001 Fair Trading Amendment 2002 06.03.02 29.08.02 31/2002 A2002-31 09.09.02 Magistrates Court (Refund of Fees) 26.06.02 25.09.02 36/2002 A2002-36 10.10.02 Amendment 2002

156 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

Regulatory Activities Agency: Policy & Regulatory Division Description: Registration of Licensees & Licensed Premises.

Legislation Reference Activity Records 2002-2003 Liquor Act 1975 Section 31 Caution minors found in 86 licensed premises and in public places No. of minors prosecuted 9 before courts Section 41 Determination of an indoor 6 & 42 & outdoor occupancy loading Section 57 Issue of Liquor Licences 38 No. of licensees active 576 Section 59 Renew licences 551 Section 63 Transfer of licences 39 Section 94 Alterations to licensed premises 48 Section 76-93 No. of proceedings instituted 20 against licensees before the Liquor Board No. of adults prosecuted 4 before the courts

Description: Regulation of X Film Licensees and Licensed Premises.

Legislation Reference Activity Records 2002-2003 Classification (Publications, Section 15 Sell unclassified or RC Films NIL Films & Computer Games) No. of new Licensees 2 Enforcement Act 1995 No. of investigations conducted 23

Description: Regulation of measuring instruments used for trade.

Legislation Reference Activity Records 2002-2003 Trade Measurement Act 1991 Part III Trade measuring instruments 5339 tested Part V Pre-packaged articles inspected 25104 Part VI Service Organisations licensed 25 Public weighbridges 5

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 157 appendices

Description: Regulation of Credit Providers, Motor Vehicle Dealers & Repairers, Fitness Industry, Retirement Villages, Security Industry and General Retail outlets.

Legislation Reference Activity Records 2002-2003 Consumer Credit Section 7 No. of registrations of credit 16 (Administration) Act 1996 providers Renewal of registrations of 99 credit providers Section 32 No. of registrations of finance 22 brokers Renewal of registrations of 53 finance brokers Fair Trading Act 1992 Part III No. of registrations of 24 security principals Renewal of registrations of 74 security principals No. of registrations of 1210 security employees Renewal of registrations of 807 security employees No. of registrations of motor 39 vehicle repairers Renewal of registrations of 264 motor vehicle repairers Sale of Motor Vehicles Section 6 No. of registrations of motor 15 Act 1973 vehicle dealers Renewal of registrations of 71 motor vehicle dealers

Description: the issuing of licences to second hand dealers.

Legislation Reference Activity Records 2002-2003 Second-hand Dealers Section 2A Second Hand Dealers Licence - 41 Act 1906 renewal Second Hand Dealers Licence - 53 new

158 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

Agency: Agents Board of the ACT Description: the regulation of real estate, stock and station, business agents, travel agents and employment agents.

Legislation Reference Activity Records 2002-2003 Agents Act 1968 Section 7 No. of registered agents 539 * No. of licensed employment 46 * agents No. of licensed real estate 159 agents No. of licensed stock & 21 station agents No. of licensed business 45 agents No. of licensed travel agents 34 Part 9 No. of registered agents 24 surrendered No. of registered agents 23 revoked No. of licensed real estate, 21 stock & station, business and employment agents surrendered No. of licensed real estate, 1 stock & station, business and employment agents revoked

*Variation from Targets and Performance Measurements: Minor anomalies were identified as part of the data migration process to the OFT’s new integrated business system

Description: the regulation of real estate, stock and station, business agents, travel agents and employment agents.

Legislation Reference Activity Records 2002-2003 Subsection No. of investigations of 10 74(1) possible breaches (Referrals to board) Section 68 No. of agency inspections 128 Parts 8 & 11 No. of Agents Board inquiries 7 # Part 6D No. of claims against Agents 0 Fidelity Guarantee Fund

#Variation from Targets and Performance Measurements: A further six inquiries were not completed during the reporting period

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 159 appendices

Agency: Registrar-General’s Office Description: the registration of defined classes of documentation, including title of land, births, deaths & marriages, business names, bills of sale, deeds and the receipt of unclaimed monies and the retrieval of information contained in the documentation.

Legislation Reference Activity Records Records on File 2002-2003 30.6.2003* Land Titles Act 1925 Section 43 Documents/instruments 56,814 1,324,956 registered Section 47,7 Crown leases registered 1,466 130,898 Districts Act 1966 Section 7(5) Deposited plans registered 111 9,913 Land Titles (Unit Titles) Section 9(1) Units plans registered 124 2,244 Act 1970 Births, Deaths and Section 11 Births registered 4,696 195,965 Marriages Registration Section 38 Deaths registered 1,584 44,080 Act 1997 Section 32 Marriages registered 1,536 31,254 Marriage Act (C’lth) Marriages performed 3 N/a Adoptions Regulations Reg.23 Adoptions registered 24 3,101 1993 Business Names Act Section 6 Business names registered 3,537 22,485 Cessations registered 4,816 87,470 Associations Section 9 Associations incorporated 169 2,397 Incorporation Act 1991 Residential Tenancies Sections 23 & 24 Associations ceased 165 1,405 Act 1997 Bonds deposited 11,793 21,023 Registration of Deeds Section 3 Deeds registered 2,970 110,205 Act 1957 Instruments Act 1933 Section 11 Instruments registered 35 9,904

* These figures relate to a specific point in time and are subject to regular adjustment

Agency: Office of Commissioner for Land and Planning Description: the making of decision relating to specific classes of development applications under the Land (Planning and Environment) Act 1991.

Legislation Reference Activity Records 2002-2003 Land (Planning and Part 6 Development Application 157 Environment) Act 1991 decisions made Minor Amendment decisions 94 made Change of Use Charge 0 ratifications

160 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

Agency: Emergency Services Bureau

Description: the registration of defined activities, including clearance inspections, occupancy loading and hazard inspections.

Legislation Reference Activity Records 2002-2003 ACT Fire Brigade Act 1957 Section 11 Clearance inspections/ Systems tests 371 Section 12C Hazard Inspections 700 ACT Building Act 1972 Building Advice Meetings 4,357 Code of Plan assessments 340 Australia Parts BCDEF ACT Liquor Act 1975 Section 24B Occupancy loadings 21 ACT Bushfire Act 1936 Section 10 Permit to Burn 46 Section 9A Use of cooking appliances and 56 fires on Commonwealth land Section 7B Permit for bonfire 25

Agency: ACT Magistrates Court Description: the issuing of licences to auctioneers.

Legislation Reference Activity Records 2002-2003 Auctioneers Act 1959 Section 4 Auctioneers Licence 159

Agency: Office of Public Trustee Description: the receipt of unclaimed monies.

Legislation Reference Activity Records 2002-2003 Unclaimed Moneys Act 1950 Sections Pay moneys to person entitled 18 5,13,23 Sections Pay unclaimed moneys to 12 4,7,10,20, Territory 21, 25

Agency: Australian Federal Police Description: Registration of firearms Refer to the ACT Policing annual Report 2002-2003 (www.afp.gov.au)

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 161 appendices Advisory and Consultative Boards and Committees ABORIGINAL JUSTICE ADVISORY COMMITTEE Purpose/Function To advise the Attorney General on: • the development and implementation of fair and equitable law and justice programs and services that affect Aboriginal and Torres Strait Islander people; and • the development and coordination of efforts by Government and the local community to reduce the number of Aboriginal and Torres Strait Islander people in contact with the criminal justice system in the ACT.

Objectives The Aboriginal Justice Advisory Committee is established to develop for government consideration and promote an Aboriginal Justice Strategic Plan for the ACT, for the purpose of: • oversighting the implementation of the recommendations of the Royal Commission into Aboriginal Deaths in Custody; • examining existing programs and developing, where appropriate, best practice models for the criminal justice system's programs, policies and practices affecting Aboriginal and Torres Strait Islander people; • identifying priority areas which are not addressed in the current range of programs and services available to assist Aboriginal and Torres Strait Islander people, including proposing strategies to address these areas; • establishing and maintaining mechanisms for effective consultation and collaboration with Aboriginal and Torres Strait Islander people, government and non-government agencies on indigenous justice issues; and • providing advice on strategies and protocols necessary to enhance data collection and research on issues affecting Aboriginal and Torres Strait Islander people. Membership Ms Glenda Humes (Chair) Mr Wally Bell Ms Sharon Payne Mr Terry Sutherland Mr Fred Monaghan Mr Alan Harwood Mr Craig Sams Mr Russell Styche Ms Louise Taylor Ms Ellen Yettica-Bell Ms Vicki Bradley Legislation Not applicable – established under an administrative decision.

162 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

ACT BUSHFIRE COUNCIL Purpose/Function The Bushfire Council may take such action as it deems necessary to prevent or control the outbreak or spread of fire and to protect from fire life and property in any part of the Territory other than a part which is a built-up area. The council acquires, fire fighting equipment, employs workers, organises fire prevention and control associations and distributes literature relating to fire prevention and control. The council exercises its powers and performs its duties in accordance with the Rural Fire Control Manual prepared in accordance with section 5KA of the Act. Membership Dr Arthur Gill OAM (Chair) Mr Mike Castle Mr Clem Davis Dr Geoff Cary Mr Peter Catling Mr Tony Bartlett Mr Brian Murphy Mr Ian Bennett Ms Julia Collins Mr David Broderick Mr Kevin Jeffery Mr Robert Moore

Legislation Bushfire Act 1936

ACT COMMUNITY CRIME PREVENTION COMMITTEE Purpose/Function As a community consultative body the committee functions with a degree of autonomy, free to consult the community at large and is charged with the responsibility of implementing the ACT Crime Prevention Strategy in a quest to understand underlying causes of crime and safety problems. The committee determines and recommends courses of action to the Government. Membership Mr David Biles (Chair) Mr Bill Harris Ms Angela Brown Mr Robert Budd Mr William Bush Ms Maureen Cane Mr Peter Grabosky Ms Anne Forrest Mr Leo Kobier Mr Ross Walker Ms Jacqueline Pearce Dr Socorro Cue Mr Frederick Fawke Mr Phillip Newton Mr Michael Beatie Mr Hugh Poate Ms Jennifer Leeson Ms Alex Cahill Ms Susan Pellegrino Ms Sharon Payne Mr Chris Lines Mr James Ryan Ms Fiona MacGregor Ms Robyn Holder Mr Derek Jory

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 163 appendices

Legislation Not applicable – established under an administrative decision.

ACT ELECTORAL COMMISSION Purpose/Function The commission has responsibility for the conduct of elections and referendums for the ACT Legislative Assembly and for the provision of electoral advice and services to a wide range of clients. The commission's role and functions as set out in section 7 of the Electoral Act 1992 are: • to advise the minister on matters relating to elections; • to consider, and report to the minister on matters relating to elections referred to it by the minister; • to promote public awareness of matters relating to elections and the Assembly by conducting education and information programs and by such other means as it chooses; • to provide information and advice on matters relating to elections to the Assembly, the Executive, the head of any administrative unit of the public service, Territory authorities, political parties and candidates at elections; • to conduct and promote research into matters relating to elections or other matters relating to its functions; • to publish material on matters relating to its functions; • to provide, on payment of the determined fee (if any), goods and services to persons or organisations, to the extent that it is able to do so by using information or material in its possession or expertise acquired in the performance of its functions; • to conduct ballots for prescribed persons and organisations; • to perform such other functions as are conferred on it by or under the Electoral Act 1922 or any other law of the Territory. Membership Mr Graham Glenn (Chair) Mr Phillip Green Dr Christabel Young

Legislation Electoral Act 1992

164 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

ACT LAW REFORM COMMISSION Purpose/Function The commission provides expert advice to the Government on law reform issues and acts as a sounding board for community views on law reform proposals and initiatives. Membership Justice Ken Crispin (Chair) Mr Charles Rowland Mr Ian Nicol Mr Philip Walker Magistrate Lisbeth Campbell Prof Richard Campbell

Legislation Not applicable – established under an administrative decision.

AUDIT COMMITTEE FOR THE CIVIC SAFETY CAMERA SYSTEMS Purpose/Function To oversight the conditions in the Code of Practice which safeguard the privacy of people captured on the camera who are acting lawfully, and to ensure that the cameras are not used for purposes other than those outlined in the code. Membership Mr Bill Harris Ms Meredith Hunter Mr Jim Leedman Ms Kasy Chamber

Legislation Not applicable – established under ministerial direction.

DOMESTIC VIOLENCE PREVENTION COUNCIL Purpose/Function The council’s statutory objective is "to reduce the incidence of domestic violence offences". Membership Ms Juliet Behrens (Chair) Ms Robyn Holder Ms Badra Karunarathna Ms Debra Evans Mr Chris Higgisson Ms Dennise Simpson Ms Patricia Eastea Ms Helen Fletcher Mr Chris Lines Ms Anne Barrie Ms Kelly Foster

Legislation Domestic Violence (Amendment) Agencies Act (No. 2) 1997

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 165 appendices

FAIR TRADING ADVISORY COMMITTEE Purpose/Function This committee provides advice to Attorney General and the Commissioner for Fair Trading on the promotion of fair trading by merchants and service providers in the ACT. The committee provides advice on local, national and international fair trading/consumer issues and consists of representatives of consumer, Government, community and business organisations. Membership Ms Peta Spender (Chair) Mr Tony Charge Ms Linda Crebbin Mr Steve Fynmore Mr Robert Antich Ms Dewani Bakkum Ms Christine Tutty Mr David Tennant Mr Brendan Pentony Mr Bill Humes Ms Elizabeth Kelly

Legislation Fair Trading (Consumer Affairs) Act 1973

FIREARMS CONSULTATIVE COMMITTEE Purpose/Function The role of the Firearms Consultative Committee is to advise the Government concerning practical operational issues arising from the implementation of the Firearms Act 1996, and any related legislation, recognising the Government's commitment to maintain legislation which gives full effect to national principles on firearms control agreed to by the Australasian Police Ministers' Council and the Council of Australian Governments. Membership Mr Neal Miller (Chair) Mr Clem Payne Mr Stephen Fettell Mr Robert Courtney Ms Annie Elliot Mr Dave Burston Mr Bob Marshall

Legislation Not applicable – established under an administrative decision.

166 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

LEGAL AID COMMISSION Purpose/Function To provide legal assistance to persons in respect of a matter arising under a law of the Territory who need it but are unable to afford its costs from private legal practitioners. The commission may also provide assistance on behalf of other jurisdictions. There is currently an agreement with the Commonwealth in relation to matters arising under Commonwealth law. Membership Mr Tom Sherman (President) Ms Ara Creswell Ms Tu Pham Ms Amanda Tonkin Mr Chris Staniforth Ms Elizabeth Kelly

Legislation Legal Aid Act 1977

LEGAL AID REVIEW COMMITTEE Purpose/Function A range of decisions made by Legal Aid, including refusals of aid can be reconsidered by the office. If, after reconsideration a person is still dissatisfied, a review can be undertaken by a review committee, which is independent of the office. A review committee is made up of a solicitor, a barrister and a community representative who are appointed to panels by the ACT Attorney General. Requests for review must be made within 28 days of notification of a reconsideration. Membership Ms Lorraine Gabriel Ms Karen Fogarty Mr Michael Higgins Ms Jeanine Lloyd Mr David Nimmo Mr Jason Parkinson Ms Danielle Hyndes Ms Sheena Dadge

Legislation Legal Aid Act 1977

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 167 appendices

LIQUOR LICENSING BOARD OF THE ACT Purpose/Function The Liquor Licensing Board of the ACT is established pursuant to Part 2 of the Liquor Act 1975.The functions of the board are: • to consider and determine applications or other matters referred to it under the Act; • to conduct inquiries, including hearings, in relation to applications or other matters referred to it under the Act; and • to advise the minister, as required, on matters of policy and administration; and to perform such other functions and duties as are conferred on it by or under the Act or another Act. Membership Mr Alyn Doig (Chair) Mr Gary Gent Mr Allan O’Neil Ms Hillary Back Mr Tony Brown

Legislation Liquor Act 1975

POLICE CONSULTATIVE BOARD Purpose/Function To enhance police-community relations and to advise Government on ways to achieve this. Membership Mr David Biles (Chair) Mr Bill Harris Ms Maureen Cane Mr Michael Beattie Ms Sharon Payne

Legislation Not applicable – established under an administrative decision.

PRODUCT SAFETY ADVISORY COMMITTEE Purpose/Function To advise the Attorney General and Commissioner for Fair Trading in relation to Product Safety Orders, Product Safety Bans and adoption of Product Information Standards.

168 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices

Membership Ms Jocelyn Plovits (Chair) Ms Margaret Head Mr Eric Chalmers Mr Peter Skurka Mr Tony Brown

Legislation Fair Trading (Consumer Affairs) Act 1973

PUBLIC TRUSTEE INVESTMENT BOARD Purpose/Function Provide advice to the Public Trustee on investment of monies that is from time to time in the Common Funds or otherwise in the hands of the Public Trustee and available for investment. Membership Ms Diane Kargas Mr Leonard Early Ms Glenys Roper Ms Karen Doran Mr Roger Broughton

Legislation Public Trustee Act 1985

VICTIMS ASSISTANCE BOARD Purpose/Function To monitor and evaluate the responsible service agency's management of the Victims Services Scheme. Membership Mrs Theresa Davis Ms Anita Kaney Ms Robyn Holder Ms Chris Healy Ms Doris Bozin Ms Sandra Lauffenburger Mr Anthony Foley Mr Russell Styche Mr Francis Duggan

Legislation Victims of Crime Regulations 2000

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 169 appendices

Service Purchasing Arrangements/Community Grants Assistance/Sponsorship

Rental Bonds Revenue and Expenses Description 2002-2003 Actual 2003-2004 Estimate Total Value of Rental Bonds Held in Trust $20,634,138.52 n/a as at 30 June 2003 Total Interest Earned on Investment of $918,573.04 $1,016,000.00 Bonds in 2002-2003 Total Cost of Running Office of Rental Bonds $546,052.28 $552,000.00 for 2002-2003 Total Cost of Running Residential Tenancies $206,677.27 $193,000.00 Tribunal for 2002-2003 Total Contribution to Tenants Advice Service $215,185.00 $197,951.00 in 2002-2003

Tenants Advice Service The Tenants Union and Welfare Rights and Legal Centre jointly operate the Tenants Advice Service (TAS). The service provides legal advice to between 2,000 - 3,000 tenants each year mainly through a telephone advice service. It also provides general advice to tenants through educational programs. Commonly, TAS advises tenants about tenancy agreements, termination by tenants, end of tenancy issues, rent increases and bond disputes. TAS provides a useful and effective service to tenants. The department funded TAS to the amount of $215,185 in 2002-2003. Over the past few years, funding to TAS has increased to reflect the additional cost of providing services. The capacity to meet the request is dependent on the performance of the Rental Bonds Trust Fund. The performance of the fund has been adversely affected by the slump in interest rates, although this is offset to some degree as the Public Trustee has been able to get higher than benchmark returns. Funding during 2002-2003 included an additional amount to operate a further telephone line for TAS. A trial of this additional service positively assessed the desirability of a further telephone line service for TAS (the trial was conducted late in 2001-2002 and early 2002- 2003). While an assessment has established the desirability of a further line, an open- ended commitment to the ongoing funding of the service is only possible to the extent permitted by the performance of the invested rental bonds. Funding has been made available for a continuance of the service during 2003 but it is unclear whether performance of the trust will generate sufficient income to support a continuance of this

170 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety appendices service into 2004. The sum of $197,951.00 (shown for 2003-2004) includes funding of $173,431.00 for the full year and an additional $24,520.00 (for the second phone line) for the 2003 calendar year.

Other Sources of Information All sources of departmental information have been provided throughout the Report.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 171 172 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports

ANNUAL REPORT 2002 – 2003 174 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports

ANNUAL REPORT 2002 – 2003

Administrative Appeals Tribunal 177 Agents Board of the Australian Capital Territory 183 Chief Coroner for the Australian Capital Territory 241 Children’s Court 251 Commissioner for Land and Planning 255 Credit Tribunal 259 Discrimination Tribunal 263 Essential Services Consumer Council 269 Guardianship and Management of Property Tribunal 303 Mental Health Tribunal 313 Official Visitor – Remand 325 Registrar of Co-operative Societies 333 Residential Tenancies Tribunal 337 Sentence Administration Board of the Australian Capital Territory 343 Tenancy Tribunal The Tenancy Tribunal Act 1994 was repealed on 1 July 2002, following the introduction of the Leases (Commerical and Retail) Act 2001. There is no requirement for a report on the Tenancy Tribunal henceforth. 176 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Administrative Appeals Tribunal

ANNUAL REPORT 2002 – 2003 annexed reports Administrative Appeals Tribunal

ACT ADMINISTRATIVE APPEALS TRIBUNAL The Administrative Appeals Tribunal (AAT) reviews administrative decisions of government. The Tribunal had jurisdiction, as at 30 June 2003, to review administrative decisions of Ministers, statutory authorities and Territory officials under some 110 Acts and Regulations. The more important areas of decision making subject to AAT review include planning, tree protection, revenue, housing assistance, liquor licensing, motor vehicle & other, professional qualifications and discipline, freedom of information and change of use charge on variations to lease purpose clauses. Planning matters comprise the largest group of matters; approximately 50% of all applications were lodged in the planning division of the Tribunal in the year under review. At 30 June 2003 the Tribunal comprised Mr M H Peedom, President, Dr E McKenzie and Ms P O’Neil, senior part-time members, and Mr E L Dunn and Dr D McMichael, part-time members. The Tribunal uses performance indicators as a measure of its performance. These require cases to be finally disposed of within 12 months of lodgement. The following table is a measure of the timeliness of disposal of matters finalised in 2002-03.

TABLE 1: TIMELINESS OF DISPOSAL OF MATTERS BY AAT

1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 Average time between 172 148 184 133 142 199 lodgment & finalisation (for cases finalised in the period (no. of days) % of applications finalised 85% 96% 87% 97% 96% 92% in the period which had been lodged within 1 year

Of the 157 matters finalised in 2002-03, 146 were finalised within twelve months of lodgement, the remaining 11 matters were of a complex nature. A number of planning cases were unable to be resolved due to delays in finalising the terms of variations to the Territory Plan.

TABLE 2: AGE OF OPEN FILES HELD BY AAT AS AT 30 JUNE 2003

Age of files 0-3 months 3-6 months 6-9 months 9-12 months 12 months+

No of files 33 8 9 6 1 % of files 58% 14% 16% 10% 2%

The Tribunal received 138 applications for the period 1 July 2002 to 30 June 2003. (See following tables for details)

178 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Administrative Appeals Tribunal

TABLE 3: NUMBER OF APPLICATIONS LODGED WITH THE AAT BY JURISDICTION

1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 Housing 38 27 45 30 32 22 Revenue 3 3 Assets betterment 3 11 16 4 11 5 Rates/Valuation 19 1 8 3 3 Motor Vehicle 4 10 9 6 2 FOI 5 5 8 3 3 1 Land Tax 3 2 5 1 3 Human Rights Liquor Licence 5 2 3 2 Gun Licence 6 4 2 1 2 1 Rates defer/rem'n Building Controller 1 1 2 6 2 Pollution 3 Dog Contol Dang. Goods 3 3 12 1 Qualifications 3 Rent 8 14 1 1 2 Lease Environment Planning Auth. Medical 2 1 2 Chiropractic 1 Miscellaneous 5 7 8 4 7 4 Nature Transferred from LPAB N/A N/A N/A N/A N/A N/A Planning & Land Management 60 71 50 61 72 88 Heritage 3 2 Payroll Tax 1 Tree N/A N/A N/A 2 18 6 TOTAL 143 183 161 128 167 138

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 179 annexed reports Administrative Appeals Tribunal

TABLE 4: APPLICATIONS WITH AAT UNDETERMINED

Number Percentage In preparation 20 35% Set down for Hearing 32 56% Heard & awaiting decision 5 9% Total 57 100%

TABLE 5: AAT APPLICATIONS FINALISED BY OUTCOME

1998-99 1999-00 2000-01 2001-02 2002-03

By consent Affirmed N/A N/A N/A N/A N/A Set aside 38 66 38 46 47 Varied Remitted Dismissed/withdrawn 57 67 32 43 37

By decision Set Aside 15 24 14 22 22 Varied 11 13 6 8 13 Remitted 3 4 Affirmed 19 26 16 14 18 No jurisdiction 4 5 2 3 1 Dismiss.(Non appearance) 8 3 5 5 Non-reviewable 2 3 6 4 9 Frivolous/Vexatious 1 Other 24 8 8 6 5 Total 173 220 126 155 157

180 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Administrative Appeals Tribunal

ACCESS TO THE AAT The Tribunal has no means of measuring or estimating what proportion of those who may be aggrieved by decisions reviewable by the Tribunal take advantage of the opportunity for review. Likewise there is no knowledge of who might seek review and who fails to do so. The legislative requirement that decision makers take reasonable steps to make people aware of their rights of review and the adoption of the Code of Practice to facilitate compliance with this obligation should increase awareness of the Tribunal: Interpreters are available in the case of those applicants who require the services of interpreters. Application fees for the Administrative Appeals Tribunal are not payable on the lodging of an application relating to: i) the review of a decision in relation to which, under a program in force under section 12 of the Housing Assistance Act 1987, application for review can be made to the Administrative Appeals Tribunal. ii) the review of a decision under the Rates and Land Rent (Relief ) Act 1970, or iii) the review of a decision reviewable under section 60 of the Freedom of Information Act 1989, being a decision made in relation to a document that relates to a decision specified in subparagraph 60(1)(b)(i) or 60(1)(b)(ii). Application fees may be waived on grounds of hardship in other cases.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 181 182 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Agents Board of the Australian Capital Territory

ANNUAL REPORT 2002 – 2003 annexed reports Agents Board of the Australian Capital Territory

The Registrar of Agents and Office of Fair Trading within the Policy and Regulatory Division, Department of Justice and Community Safety provide secretariat services to the Agents Board Address: Mr Tony Brown Postal Address: Mr Tony Brown Registrar of Agents Registrar of Agents Office of Fair Trading Office of Fair Trading Level 2, GIO House GPO Box 158 250 City Walk CANBERRA ACT 2601 CANBERRA CITY ACT 2601 Phone: (02) 620 70422 Fax: (02) 620 70424 E-mail: www.fairtrading.act.gov.au Website: http://www.fairtrading.act.gov.au/index.html

The Agents Act 1968 and Agents Act 2003 can be found on the ACT Legislation Register at www.legislation.act.gov.au

184 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory

Table of Contents

GLOSSARY OF ABBREVIATIONS

CHAIR’S LETTER

THE AGENTS BOARD

ORGANISATIONAL PROFILE Objective Nature and scope of activities Organisational structure Board appointments Meeting attendance Governance arrangements Disclosure of interests Staffing arrangements Audit activity 2002/03 audit

FINANCE AND OPERATIONS Achievements for 2002/2003 Agents Fidelity Guarantee Fund Agents Board grants program Travel Compensation Fund Statistical information

LEGISLATIVE CHANGES Justice and Community Safety Legislation Amendment Act 2002 Agents Act 2003 Consumer and Trader Tribunal Act 2003 Civil Law (Sale of Residential Property) Amendment Bill 2003

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 185 annexed reports Agents Board of the Australian Capital Territory

LEGISLATIVE FRAMEWORK Reporting requirements under S 17A Agents Act 1968 • Consumer complaints against licensed agents • Agents Board inquiries • Licensing and registration of agents • Educational activities • Licensed employment agents

EFFICIENCIES IN SERVICE DELIVERY Business process re-engineering Human resource improvement

FREEDOM OF INFORMATION STATEMENT

ATTACHMENT A: FINANCIAL STATEMENTS 2002/2003 Auditor-General’s independent audit report Certification of financial statements Management discussion and analysis Financial statements Notes to and forming part of the financial statements Targets and performance measurements

ATTACHMENT B: ALPHABETICAL LIST OF EMPLOYMENT AGENTS LICENSED DURING 2002/03

ATTACHMENT C: AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY The regulation of real estate, stock & station, business agents and employment agents

186 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory

GLOSSARY OF ABBREVIATIONS ActAgents Act 1968 Audit Auditor-General’s Office Board Agents Board of the Australian Capital Territory CATT Consumer and Trader Tribunal Commissioner Commissioner for Fair Trading FGF Agents Fidelity Guarantee Fund FOI Freedom of information MLA Member of the Legislative Assembly OFT Office of Fair Trading REIACT Real Estate Institute of the ACT SIA Statutory interest account TCFTravel Compensation Fund

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 187 annexed reports Agents Board of the Australian Capital Territory

Ms Katy Gallagher MLA Acting Attorney-General ACT Legislative Assembly London Circuit CANBERRA CITY ACT 2601

Dear Acting Attorney-General

I present to you the Annual Report and Financial Statements of the Agents Board of the ACT for the period 1 July 2002 to 30 June 2003, as required by the Annual Reports (Government Agencies) Act 1995 and Financial Management Act 1996.

This report will be placed on the Office of Fair Trading’s website at http://www.fairtrading.gov.au. The board will also publish (under separate cover) an extended version of this annual report as its Report of Operations 2002/03. The extended report will include full lists of licensed and registered agents and will be distributed to all registered and licensed real estate, stock and station and business agents, travel agents and employment agents.

The board will be abolished once the Agents Act 2003 comes into effect later this year, and this will be its final report for a full 12 month period.

The board has welcomed the passage of the Consumer and Trader Tribunal Act 2003 and the Agents Act 2003, as they introduce a higher level of consumer protection than the current legislation.

I thank the Registrar of Agents, Tony Brown, and the staff of the Office of Fair Trading for their help during the year. I also thank my fellow board members for their efforts, particularly the board’s deputy chair, Jim O’Neill, for his contribution to financial matters during a busy year.

Yours sincerely

September 2003

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THE AGENTS BOARD The board is a statutory authority constituted under the Agents Act 1968 (“the Act”). It reports to the Attorney-General. The board is the licensing authority for the real estate, travel and employment industries in the ACT. As licensing authority, the board’s priority is the protection of consumer interests.

ORGANISATIONAL PROFILE

Objective The board aims to protect consumers who are dealing with real estate, travel and employment agents. Its vision is to: • Maintain an effective and efficient registration and licensing system; • Maintain a strong and just compensation scheme for real estate consumers; • Ensure that consumers using the services of real estate, stock and station and business agents, travel agents and employment agents in the ACT are dealing with qualified and experienced practitioners; • Ensure that consumers have access to the compensation arrangements, provided for in the legislation; and • Increase the confidence of consumers and real estate, travel and employment agents in the administration of the Agents Act 1968.

Nature and scope of activities The board protects consumer interests by: • Processing/screening licence and registration applications; • Monitoring the conduct of registered and licensed agents; • Promoting and funding real estate educational courses for agents and members of the public; • Increasing the awareness of agents and consumers of the objectives of the Agents Act 1968; • Fairly and impartially operating the Agents Fidelity Guarantee Fund (“the FGF”) compensation scheme for clients of licensed real estate, stock and station and business agents; • Providing sound financial management of the FGF; and • Liaising with the Travel Compensation Fund (“the TCF”) to ensure effective travel agent licensing and satisfactory compensation arrangements for travel consumers.

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Organisational structure Under section 9 of the Act, the minister shall appoint a board of seven members. The Act requires that one member at least shall be a legal practitioner. The minister appoints other members on the basis of their industry experience, financial expertise and knowledge of community/consumer matters. Members are appointed for periods of up to three years as part-time statutory office holders, as set out in their instruments of appointment. Members can be reappointed. Details of board appointments, and members’ attendance at board meetings, are set out below.

BOARD APPOINTMENTS

Member Occupation Term dates

Peter Crowley# Barrister and solicitor 1 July 2002 to 1 November 2002 Chair 1 November 2002 to 31 October 2005 Jim O’Neill Auditor 1 July 2002 to 1 November 2002 *Deputy chair 1 November 2002 to 31 October 2005 Gay Boersma Travel agent 1 July 2002 to 1 November 2002 Harold Hird Auctioneer 1 November 2002 to 31 October 2005 Michael Kumm Real estate agent 1 July 2002 to 1 November 2002 1 November 2002 to 31 October 2005 Maxine O’Mara Real estate agent 1 November 2002 to 31 October 2005 Judy Swann Government business 1 November 2002 to 31 October 2005 enterprise director Sarah Todd Lawyer 1 November 2002 to 31 October 2005

Notes: # The minister, under subsection 10(1) of the Act, reappointed Mr Crowley as board chair * The board, under subsection 10(2) of the Act, elected Mr O’Neill deputy chair on 27 August 2002

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MEETING ATTENDANCE

Member Occupation Number of meetings Number of meetings eligible to attend * attended Peter Crowley Barrister and solicitor 10 10 Chair Jim O’Neill Auditor 15 15 Deputy chair Gay Boersma Travel agent 2 2 Harold Hird Auctioneer 13 13 Michael Kumm Real estate agent 14 12 Maxine O’Mara Real estate agent 11 11 Judy Swann` Government business 13 9 enterprise director Sarah Todd Lawyer 13 11

Note: * Meetings include administrative meetings, out of session meetings, directions hearings and inquiries

Governance arrangements On 4 June 2002, the Auditor-General (“Audit) tabled in the Legislative Assembly Report No. 3 of 2002 Governance Arrangements of Selected Statutory Authorities.The audit included the Agents Board, and focused on the statutory authorities’ compliance with legislation for the: • Appointment of board members and constitution of the board; • Appointment of the chairperson and other significant officers; • Procedures and records of meetings; and • Procedures for dealing with conflict of interest. Following its consideration of that report, the board told Audit that it would establish an audit committee, and the outgoing board recommended that the incoming board establish an audit committee. The board established this audit committee on 13 March 2003 with Mr O’Neill as chairman and Mr Hird and Mrs Swann as members. The audit committee’s main task was to scrutinise the annual financial statements prepared by the Office of Fair Trading (“the OFT”). Audit had also recommended that statutory authorities adopt the model code of conduct for the conduct of boards and board members as set out in the Chief Minister’s Department guide Ethical Requirements for Appointees to ACT Government Boards and Committees; a Guide for ACT Government Agencies.The outgoing board recommended that the incoming board consider adoption of a code of conduct. The board adopted the model code on 22 April 2003.

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Continuing and incoming board members were provided with information on their responsibilities as board members. This information included copies of Audit’s Report No. 3 of 2002 Governance Arrangements of Selected Statutory Authorities and Audit’s Report No. 4 of 2002 Frameworks for Internal Auditing in Territory Agencies. At the incoming board’s first meeting on 18 November 2002 the chair briefed members on their duties, including disclosure of interests. The chair also explained the procedural requirements for board inquiries under Part 11 of the Act and procedures for notification of inquiry decisions under section 98A of the Act.

Disclosure of interests A new section 16A of the Act, Disclosure of Interests, commenced on 7 October 2002 (see Justice and Community Safety Legislation Amendment Act 2002 below). Section 16A requires members who have a relevant interest in a matter being considered by the board to disclose the nature of that interest at a board meeting. A “relevant interest” is a direct or indirect financial interest, or a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of an issue. The disclosure must be recorded in the board’s minutes, and the disclosing member must not be present when the board considers the issue or take part in the board’s decision. On 1 July 2003 the chair informed the Attorney-General of eleven disclosures made by board members during 2002/03, in accordance with subsection 16A(4) of the Act.

Staffing arrangements In the past, the Registrar of Agents and the Agents Services Section provided secretariat services to the board. On 1 July 2000 the Agents Services Section was disestablished and its staff were absorbed into the OFT but remained employed under the Public Sector Management Act 1994.The board relies on the department to provide staffing support and on the OFT assessment of staff and related costs. The board’s operations, and the secretariat services provided to it by the Registrar of Agents and staff of the OFT, are funded from the Agents Statutory Interest Account (“the SIA”). The Board operates this account under Part 6C of the Act.

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Audit activity While the Auditor-General’s opinion on the board’s 2001/02 financial statements and Statement of Performance was unqualified, Audit subsequently indicated the issues raised during the financial statement audit, as follows: • A significant amount of assistance was provided by Audit staff to assist with the preparation of the board’s financial statements; • Audit was unable to verify the movements in the Statement of Cashflows to detailed supporting documents; • Certified financial statements were not provided to Audit by 30 July 2002, asrequired by the Department of Treasury timetable, and the financial statements were not finalised until early September 2002; • In conducting testing of revenue, there were instances where Audit was unable to verify the accuracy of certain transactions; • There were deficiencies with the ‘Filemaker” data base used by the Office of Fair Trading to record the registration renewal monies collected on behalf of the Agents Board; and • Audit noted that all the bank reconciliations did not have a preparer or reviewer signature. As a result of deficiencies in the department’s administrative support for the board, some drawing critical comment from the Auditor-General, the board met in February 2003 with Mr Tim Keady, Chief Executive, Department of Justice and Community Safety, Ms Elizabeth Kelly, Executive Director of the Department’s Policy and Regulatory Division and Commissioner for Fair Trading, and Mr Malcom Prentice, Auditor-General’s Office, to discuss remedial action to improve administrative support services for the board. The meeting reached agreement on the following issues: (a) Timely provision of financial reports Quarterly financial reports and reports on the performance indicators would be provided to board members within 21 days of the end of each quarter. (b) Timely provision of support services The department agreed to provide the board with adequate administrative support services, including the minutes of board meetings within 28 days of board meetings. (c)Accounting qualification for Manager, Secretariat and Support Services position The accounting qualification requirements for this position would be upgraded from desirable to essential. The board was pleased to have returned to the supervision of its financial function, a professionally qualified officer who it had brought with it when transferred from the Regulatory Reform portfolio. (See 2002/03 audit below).

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(d) Board qualification of its certificates accompanying annual financial statements The board chair would be responsible for such certifications. The department would support and inform the board so it can have confidence in the department’s accounting process. (e) The OFT’s time recording system and costs allocation The department would provide the board with a written explanation about the time recording system and the basis for allocation of costs by the department to the board. Ms Kelly, as costs centre manager, would in future verify the accuracy of future departmental invoices to the board. (f) Finalisation of annual financial statements The board must have sufficient time to review its draft financial statements and provide feedback. The board suggested that this review process be conducted in liaison with the department’s internal auditor once one was appointed. There was no internal audit support provided in 2002/03. (g) Administrative meetings The board would schedule regular administration only meetings to deal solely with administrative matters.

2002/03 audit The board received an unqualified audit report for its 2002/03 financial statements. In his letter of 15 August 2003, the Acting Auditor-General told the board chair that the Audit Office found the financial statements and the supporting work papers to be of a generally high standard. The Acting Auditor-General also noted that the issues raised in the 2001/02 financial statement audit management letter had been addressed and did not recur in 2002/03.

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FINANCE AND OPERATIONS The financial statements at Attachment A comprehensively cover the board’s financial activities for 2002/2003. The board has included a narrative that provides additional information over and above the notes to and forming part of the financial statements. In summary, operating results are: Revenue $2,515,861 Expenditure $273,931 Operating surplus $2,241,930

The healthy operating surplus is the result of higher than expected revenue and reductions in expenditure. The board raises income from three sources: • The registration and licensing fees that registered and licensed agents pay to the board each year; • Interest that the banks pay to the board (under section 59A of the Act) on the moneys that licensed real estate, stock and station and business agents hold in their trust accounts on behalf of clients; and • Interest that the board receives from the funds it has invested with Finance & Investment Group, Department of Treasury. Under subsection 71Q(1) of the Act, the board must use moneys in the SIA, earned during the previous year, to cover board operating costs in the next financial year and, if appropriate, to supplement the Agents Fidelity Guarantee Fund (“the FGF”). On 8 December 1997, the then minister set the target size of the FGF at $5m. The board must obtain the minister’s approval to transfer moneys from the annual operating surplus in the SIA to the FGF. The FGF balance is currently $2.2m. No moneys were transferred in the reporting period. In 2001/02 the board recommended that the Attorney-General approve an increase in the target size of the FGF to $10m, under subsection 71Q(3) of the Act. The board also sought the Attorney-General’s approval to supplement the balance of the FGF by $2.8m, under paragraph 71Q(1)(b) of the Act. The board was then asked to obtain an actuarial study of the adequacy of the FGF and the existing prudential standards before any increase in the target size and balance of the FGF would be further considered. During the reporting period the board considered obtaining sought an actuarial proposal, however, there was insufficient data available for the actuary to conduct such a study. An alternative evaluation was suggested by the actuary, but did not proceed because the costs involved outweighed the benefits which might have resulted.

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In March 2003 an alternative approach involving representatives of the board, Treasury and the Department of Justice and Community Safety, to examine available data and provide an assessment of the adequacy of the FGF, was considered. Subsequently the department obtained data from licensed real estate agents about reconciled trust account balances as at 31 December 2002. The survey revealed that at that date licensed agents held $41m in trust, including over $8m held by commercial real estate agents. The board awaits further advice from the department and the ACT Government commercial insurer before progressing the matter further. New legislation was passed in the Legislative Assembly on 6 May 2003 and, once it (the Agents Act 2003) is declared, new arrangements for financial operations and the consumer compensation scheme will come into effect. These arrangements will integrate these responsibilities within the Department of Justice and Community Safety. The board has met the requirement of the Financial Management Act 1996 to prepare a Statement of Intent for the 2003/2004 financial year. The statement sets out the board’s objectives, the nature and scope of the activities the board undertakes, the criteria and other measures to assess the board’s performance, and details of the board’s expected financial operations.

Achievements for 2002/2003 As part of the production of the financial statements, the board has included a Statement of Performance in achieving the performance measures set out in its Statement of Intent for 2002/2003.

Agents Fidelity Guarantee Fund The Agents Fidelity Guarantee Fund (“the FGF”) provides compensation to consumers unable to recover trust moneys held by licensed real estate, stock and station and business agents in the ACT. No consumer claims were received in 2002/03

Agents Board grants program Paragraph 71Q(2(a)) of the Act allows the board, with the minister’s agreement, to promote and fund real estate educational courses for agents and the public from the balance of funds in the SIA. In 1996, the then Minister for Business, Employment and Tourism approved the board’s submission to grant funds under agreed conditions over a three-year period to the Real Estate Institute of the ACT ("REIACT”) for a real estate industry training centre.

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Before making a recommendation to the minister about funding for the third and final year of the program, the board thought it useful to have a review conducted of the training centre's performance. The review was conducted in two parts - one part dealing with educational aspects of the program - and the other dealing with financial performance. The board asked the ACT Auditor General to evaluate the financial administration of the centre. The board did not pay the third year grant to REIACT, pending the Audit results. The final performance audit report Agents Board – Financial Administration of Training Program Grant was presented to the ACT Legislative Assembly on 11 December 2001. The report was then referred to the Assembly’s Standing Committee on Public Accounts for inquiry. Audit found that although a majority of expenditure charged against training grant funds complied with the funding agreement, a significant amount of expenditure was incorrectly charged. The audit figures showed that REIACT expenditure was at least $47,191 less than the total of the grants provided to it. Audit found that at least $47,191 should be refunded by REIACT to the board, but that $67,988 should be returned to the board if the legal interpretation received from the ACT Government Solicitor were to be adopted. The board commenced recovery of $47,191 from REIACT in 2001/02. During the reporting period the board instructed the Government Solicitor’s Office to commence recovery of the outstanding $47,191 through the ACT Magistrates Court. In August 2002 the board declined a sponsorship option for the REIACT Awards for Excellence 2002, as sponsorship would not meet the requirements of subsection 71Q(2) of the Act. In June 2003 the board declined to provide CIT Solutions Pty Ltd with a grant of $279,000 for curriculum development and the development of first phase training materials for the delivery of real estate courses in the ACT. In arriving at that decision the board examined the content of the package and formed the view that the training streams and competencies would provide professional outcomes.It also took into account the views of people undertaking the course who were supportive. The main factor that influenced the board in declining the proposal under paragraph 71Q(2)(a) of the Act was that the curriculum development and the development of training materials had already been completed. The board approved expenditure of $5,500 for publication of an OFT brochure A Guide to Buying and Selling Real Estate in the ACT. The brochure had not been published at 30 June 2003.

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Travel Compensation Fund All ACT licensed travel agents are required to be members of the Travel Compensation Fund (“the TCF”). The TCF operates in all States and the ACT to provide compensation for consumers who suffer financial loss when a licensed travel agent cannot account for client funds. No claims were lodged against ACT licensed travel agents during the reporting period.

Statistical information The stability in the number of registered and licensed real estate, stock and station and business agents reflects the continued recovery in the ACT real estate industry in 2002/2003. The slight decrease in the number of licensed travel agents as at 30 June 2003 reflects a reduction in the number of independent agencies. Details of all registered and licensed real estate, stock and station and business agents and all licensed travel agents will be provided in the board’s Report of Operations 2002/2003. The board’s statistics do not take into account the large number of people in the real estate travel and employment industries who are not registered or licensed under the Act (including sales representatives, property managers, and employed travel and employment consultants). A list of the 47 licensed employment agents licensed under the Act during 2002/03 is at Attachment B of this report. Statistics about the regulation of agents during the reporting period are at Attachment C.

LEGISLATIVE CHANGES Justice and Community Safety Legislation Amendment Act 2002 The Justice and Community Safety Legislation Amendment Act 2002 included amendments to a range of legislation including the Agents Act 1968 and commenced on 7 October 2002. The amendments to the Agents Act 1968 removed sections 12, 13 and 14 of the Act and introduced a new section 12 of the Act. The new section 12 empowers the minister to end a board member’s appointment on a number of grounds, including failure to disclose a relevant interest. Subsection 16(8) of the Agents Act 1968 was removed and a new section 16A Disclosure of interests, inserted. Subsection 16A(4) of the Act requires the board chair, within seven days after the end of each financial year, to give the minister a statement of any disclosures of interest made under section 16A of the Act during the financial year. The minister must give a copy of the statement to the relevant Legislative Assembly committee within 14 days of receiving the chair’s statement.

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Section 57D and consequential sections were amended to require unclaimed trust funds to be remitted to the Public Trustee rather than to the Registrar-General.

Agents Act 2003 The Legislative Assembly passed the Agents Act 2003 on 6 May 2003. The new Act will commence by 6 November 2003. The Agents Act 2003 replaces the Agents Act 1968 and is the outcome of the first major revision of this legislation since 1968. The new Act introduces a higher level of consumer protection than the current legislation. The new Act covers auctioneers, real estate, stock and station, business, travel and employment agents, and will deliver a cost effective, independent licensing and disciplinary system that is more accessible, transparent and accountable to consumers. The Commissioner for Fair Trading (“the commissioner”) will now undertake the licensing and registration of agents, as the commissioner already undertakes this role for many other service industries in the ACT. The new Act simplifies and streamlines the licence and registration process by creating a one step process for licensed agents, replacing registration as a real estate, stock and station and business agent. The scope of the regulatory system has also been extended to include real estate salespeople and property managers who conduct the majority of real estate, stock and station and business agent transactions in the ACT. Real estate, stock and station and business agents will now be required to meet flexible entry level competence standards, be of good fame and character and undertake continuing professional development throughout their careers. Auctioneers of real property will no longer be required to be licensed by the Magistrates Court, but will now be licensed as real estate or stock and station agents by the commissioner Consumers’ grievances with agents will be dealt with by the Consumer and Trader Tribunal (“the CATT”) on referral by the Commissioner (see Consumer and Trader Tribunal Act 2003 below). The CATT panel will include the existing Agents Board’s disciplinary jurisdiction and membership. Stronger enforcement measures have been introduced to ensure the integrity of agents’ trust accounts holding consumers’ money. Agents who provide financial advice to real estate buyers will be required to provide specified information or warnings to consumers in circumstances where they are providing general financial advice, as an incidental part of selling real estate.

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New offences have been included under the new Act. It will now be an offence for agents to quote unrealistically high or low process for real estate, and the commissioner can require an agent to justify the estimated selling price of a residential property. Agents’ agreements between agents and sellers and agents and landlords will be required in writing, and oral agreements will no longer be acceptable. Kickbacks and other benefits obtained by agents without the knowledge of clients will not be permitted. Agents must now disclose any relationship with a person to whom the agent refers a client or prospective buyer, or benefits that might accrue to them through a real estate transaction, aside from commissions, in dealing with their clients. OFT inspectors will be empowered to serve on the spot fines on agents who have committed an offence under the legislation. Consumers will be able to access a register of licensed and registered agents in the ACT, and the OFT will maintain details of disciplinary action taken against agents. This reform creates a greater degree of transparency and openness in the disciplinary process for agents and provides information to assist consumers with their choice of appropriately licensed and competent agents. A consumer compensation fund will continue to operate to protect consumers in the event of a financial collapse of a licensed real estate, stock and station or business agent. The TCF will continue to provide protection for the customers of licensed travel agents. Since 1995 the Auditor-General has expressed concern that the Agents Act 1968 does not require banks to transfer to the board interest earned on trust accounts maintained and operated by licensed real estate, stock and station and business agents. The legislation had merely provided that the board may enter into arrangements with a bank for payment by the bank to the board of amounts in respect of moneys held in any trust account maintained by a licensed agent at the bank. This issue has been resolved in the new Act. Consumer and Trader Tribunal Act 2003 The Legislative Assembly passed the Consumer and Trader Tribunal Act 2003 on 9 April 2003. This Act establishes the Consumer and Trader Tribunal (“the CATT”). The Tribunal will replace the Agents Board and the five dispute resolution bodies for the security industry. The Tribunal will have the jurisdiction conferred on it by the Security Industry Act 2002 and the Agents Act 2003. The CATT will hear disciplinary matters, and appeals against licensing and registration decisions made by the commissioner, related to auctioneers, the real estate, stock and station, business, travel and employment agents, and the security industry.

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Civil Law (Sale of Residential Property) Amendment Bill 2003 The board welcomed the introduction of the Civil Law (Sale of Residential Property) Amendment Bill 2003 into the Legislative Assembly on 23 June 2003. The Bill is designed to significantly reduce gazumping and to provide increased levels of consumer protection for both buyers and sellers of residential property.

LEGISLATIVE FRAMEWORK

Reporting requirements under section 17A Agents Act 1968 Consumer complaints against licensed agents (a) 2000/01 real estate complaints completed by 30 June - total 3

Nature of Complaint Outcome Total: 3

Residential tenancy – landlord complaint No apparent breach 1 (management mishandled) Residential tenancy – tenant complaint Complaint lapsed 1 (breach of tenant’s privacy) Residential tenancy – tenant complaint Complaint lapsed 1 (at end of lease/vacating property)

(b) 2001/02 real estate complaints completed by 30 June 2003 – total 10

Nature of Complaint Outcome Total: 10

Residential tenancy – landlord complaint Negotiated & resolved 1 (management mishandled) Residential tenancy – landlord complaint Negotiated & resolved 2 (after agent’s authority cancelled) Residential tenancy – landlord complaint No apparent breach 1 (property damaged) Residential tenancy – landlord complaint Referred to other forum 1 (property damaged) Residential tenancy – tenant complaint No apparent breach 1 (at end of lease/vacating property) Residential sale – seller complaint Negotiated & resolved 1 (sale mishandled) Residential sale – seller complaint Referred to other forum 1 (sale mishandled) Residential sale – purchaser complaint No apparent breach 1 (auction practices) Residential sale – purchaser complaint Referred to other forum 1 (auction practices)

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(c) 2001/02 real estate complaint on-going at 30 June 2003 – total 1

Nature of Complaint Outcome Total: 1

Residential sale – purchaser complaint Under investigation 1 (house incorrectly measured & incorrect EER)

(d) 2002/03 real estate complaints completed at 30 June 2003 – total 22

Nature of Complaint Outcome Total: 17

Residential tenancy – landlord complaint Negotiated & resolved 2 (management mishandled) Residential tenancy – landlord complaint No apparent breach 1 (management mishandled) Residential tenancy – tenant complaint Negotiated & resolved 1 (validity of notice to quit) Residential tenancy – tenant complaint No apparent breach 1 (bond used by agent for rent) Residential tenancy – tenant complaint No apparent breach 1 (management mishandled) Residential tenancy – tenant complaint No apparent breach 1 (incorrect EER allegedly advised) Residential tenancy – tenant complaint Referred to other forum 1 (dispute over pool cleaning) Residential tenancy – tenant complaint Referred to other forum 1 (alleged rudeness of property manager) Residential tenancy – tenant complaint Referred to other forum 1 (late bond lodgement & dispute over excess water bill) Residential sale – seller complaint Negotiated & resolved 1 (agent reused earlier marketing material) Residential sale – seller complaint Negotiated & resolved 1 (sale price changed) Residential sale – seller complaint Negotiated & resolved 1 (sale allegedly mishandled) Residential sale – seller complaint Negotiated & resolved 1 (sales commission dispute) Residential sale - seller complaint No apparent breach 1 (incorrect EER advertised) Residential sale – seller complaint No apparent breach 2 (property undervalued

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(d) 2002/03 real estate complaints completed at 30 June 2003 – total 5 (continued)

Nature of Complaint Outcome Total: 5

Residential sale – seller complaint Referred to other forum 1 (sales commission dispute) Residential sale – purchaser complaint Agent prosecuted 1 (incorrect EER advertised) Residential sale – purchaser complaint Negotiated & resolved 1 (price increased after deposit paid) Residential sale – purchaser complaint Referred to other forum 1 (dispute over carpet cleaning bill) Residential sales marketing material (elderly Negotiated & resolved 1 owner felt threatened by sales “prospecting” letter box drops)

(e) 2002/03 real estate complaints on-going at 30 June 2003 – total 8

Nature of Complaint Outcome Total: 8

Residential tenancy – landlord complaint – Under investigation 2 (management mishandled) Residential sale – seller complaint Under investigation 1 (agent mishandled sale) Residential sale – seller complaint (dispute over Under investigation 1 changes/cancellation of listing agreement) Residential sale – purchaser complaint Under investigation 1 (agent mishandled sale & unsatisfactory building inspection) Residential sale – purchaser complaint Under investigation 1 (did not get right house/land package) Residential sale – purchaser complaint Under investigation 1 (agent did not give full information about apartment complex) Incorrect photo used in real estate Under investigation 1 sales advertisement

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(f) 2002/03 travel complaints completed at 30 June 2003 – total 9

Nature of Complaint Outcome Total: 9

Unsatisfactory holiday accommodation booking Negotiated & resolved 1 (no baby club at resort) Unsatisfactory ticketing Negotiated & resolved 1 (unauthorised cancellation of return airline ticket) Unsatisfactory ticketing No apparent breach 1 (incorrect airline bookings) Unsatisfactory ticketing Referred to other forum 1 (incorrect airline bookings) Interstate ticketing cancelled (refund dispute) No apparent breach 1 Bus trip cancelled (refund dispute) Negotiated & resolved 1 Accommodation cancelled (refund dispute) Negotiated & resolved 1 Holiday package dispute (Canberra/Sydney airline travel not included) Negotiated & resolved 1 Holiday package cancelled (refund dispute) Negotiated & resolved 1

(g) 2002/03 travel complaints on-going at 30 June 2003 – total 2

Nature of Complaint Outcome Total: 2

Cruise package cancelled (refund dispute) Under investigation 1 Overseas travel package cancelled Under investigation 1 (refund dispute)

(h) 2001/02 employment complaint completed at 30 June 2003 – total 1

Employment agent’s advertisement Outcome Total: 1

Possible scam – charging fee for job interview Trader ceased trading 1

Agents Board inquiries The Agents Board conducted and completed seven inquiries into real estate matters during 2002/2003. One inquiry concerned an application for registration as an agent, three were about alleged breaches of the Act by registered agents, and three were about alleged breaches of the Act by licensed real estate agents. Two inquiries into alleged breaches of the Act by registered real estate agents and two inquiries into alleged breaches of the Act by licensed real estate agents were not completed during the reporting period. A concurrent inquiry into alleged breaches of the Act by a licensed real estate agent and a registered real estate agent was adjourned, pending completion of investigations by the Australian Federal Police.

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The following inquiries were completed at the time of reporting. Inquiry outcome Inquiry outcome application under paragraph 38(1)(a) issued a $500 fine order The board under subparagraph 75(1)(b)(i). under issued a reprimand The board paragraph 75(1)(a) Nature of Inquiry Nature of Inquiry Nature 26(1)(b) and subsection 37(2) estate agent a real Paragraph 72(1)(a) of the rules conduct– licensed agents by wayof subsection 56(3). to notify the Alleged failure Registrar within 48 hours of opening a new trust account Paragraph 72(1)(a) of the proven Breach rules of conduct – licensedagents by way of subsection 57(3) $480 respectively) Subsection 73(1) of the rules Alleged unauthorised withdrawal agentsof conduct – registered of trust funds ($440, $720 and Allegations withdrawn by the Registrar by way of subsection 67(2) as a registered Alleged breach prior to the inquiry the licensed agent through Subsection 73(1) of the rules proven agents Breach of conduct – registered by way of subsection 56(3) of subsection 67(2) breach agent’s as a registered Alleged breach the licensed agent through proven Breach of subsection 56(3) breach agent’s oden/Tuggeranong by way of subsection 67(2) time in the prescribed (A) APPLICATIONS FOR REGISTRATION AS AN AGENT FOR REGISTRATION (A) APPLICATIONS nameApplicant’s Barbara RushKaren Inquiry grounds paragraph Section 39 through (B) ALLEGED BREACHES OF THE AGENTS ACT 1968 as Application for registration nameApplicant’s granted the The board Lees Forster Richard Inquiry grounds t/as Ray White Real Estate conduct – licensed agents W Paragraph 72(1)(a) of the rules two to prepare Alleged failure quarterly statements of trust funds proven. Breach

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 205 annexed reports Agents Board of the Australian Capital Territory The board issued a $500 fine order issued a $500 fine order The board under subparagraph 75(1)(b)(i). under issued a reprimand The board paragraph 75(1)(a) issued a reprimand The board under paragraph 75(1)(a). The board issued a reprimand The board under paragraph 75(1)(a). Breach proven. Breach Inquiry outcome Inquiry outcome Nature of Inquiry Nature of Inquiry Nature Subsection 73(1) of the rules as a registered Alleged breach proven. Breach Subsection 73(1) of the rules agentsof conduct – registered by way of subsection 57(3) as a registered Alleged breach the licensed agent through of the licensed Parallel breaches as set out breaches, agent’s Allegation withdrawn by the Registrar of subsection 57(3) agent’sbreach immediately above prior to the inquiry of the licensed Parallel breach as set out breach, agent’s immediately above of conduct – registered agentsof conduct – registered by way of subsection 63(1) the licensed agent’s agent through issued a $853.48 The board of subsection 63(1) breach under paragraph 75(1)(c). costs order by way of subsection 63(1) time funds in the prescribed under subparagraph 75(1)(b)(ii). (B) ALLEGED BREACHES OF THE AGENTS ACT 1968 (continued) nameApplicant’s Lees Forster Richard Inquiry grounds nameApplicant’s Lillian Kaneff Pty Ltd Inquiry grounds Subsection 72(1)(a) of the rules to cause Alleged failure t/as Manuka Real Estate of conduct – licensed agents the 2001/02 annual audit of trust Lillian Kaneff issued a $2,000 fine order The board

206 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory emedied and finalised to the The board issued a reprimand under issued a reprimand The board paragraph 75(1)(a). issued a $906.75 costs order The board under paragraph 75(1)(c). imposed two conditions on The board licence under subparagraph the agent’s 75(1)(f)(i): to provide 1. The licensee was ordered within 28 days, with the Registrar, auditors that the agent’s certification from all qualifications on the 2001/02 and had been 2002/03 annual audit reports r auditors’ satisfaction. to provide 2. The licensee was ordered chair and the Registrar both the board with copies of the licensed agent’s to trust quarterly statements relating funds within 28 days of the end each quarter. Inquiry outcome Nature of Inquiry Nature of conduct – licensed agentsby way of subsection 63(1)Paragraph 72(1)(a) of the rules 2001/02 annual audit of trust of conduct – licensed agentsby way of subsection 67(2) four to prepare Alleged failure time funds in the prescribed issued a $1,000 fine The board quarterly statements of trust proven. Breaches under subparagraph 75(1)(b)(i). order time funds in the prescribed issued a $1,000 fine order The board under subparagraph 75(1)(b)(i) (B) ALLEGED BREACHES OF THE AGENTS ACT 1968 (continued) nameApplicant’s Bryan John Rumble Inquiry grounds Paragraph 72(1)(a) of the rules to cause the Alleged failure proven. Breach

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 207 annexed reports Agents Board of the Australian Capital Territory Inquiry outcome Nature of Inquiry Nature conduct – registered agentsconduct – registered by way of subsection 63(1)Subsection 73(1) of the rules the licensed agent through agentsconduct – registered as a registered Alleged breach by way of subsection 67(2) of subsection 63(1) breach agent’s of the licensed Parallel breaches admitted. Breach withdrawn by mutual consent Charge as set out breaches, the licensed agent through agent’s immediately above of subsection 67(2) breach agent’s withdrawn by mutual consent Charge (B) ALLEGED BREACHES OF THE AGENTS ACT 1968 (continued) nameApplicant’s Bryan John Rumble Inquiry grounds Subsection 73(1) of the rules as a registered Alleged breach admitted. Breach

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Licensing and registration of agents

New licences A licence is an authority to carry on business as an agent. Agents can be licensed on a personal or company basis. The board granted seven personal licences as real estate agents, one personal licence as a stock and station agent and three personal licences as business agents. The board granted 16 company licences as real estate agents, three company licences as stock and station agents and four company licences as business agents. The board also granted two company travel agent licences.

New registrations A certificate of registration as a real estate, stock and station, or business agent is recognition of the applicant's industry experience and educational standard. Registration is not an authority to carry on business as an agent. It signifies that a person has the necessary knowledge and experience to be in day-to-day charge of a licensed agent's office, under subsection 72(3) of the Act. During the reporting period the board approved the registration of 28 real estate agents, two stock and station agents and five business agents.

Educational activities The board approved expenditure of $5,500 for publication of an OFT brochure A Guide to Buying and Selling Real Estate in the ACT. The brochure had not been published at 30 June 2003.

Licensed employment agents The board granted two personal licences as employment agents and 17 company licences as employment agents. A list of the names of all employment agents licensed during 2002/03 is at Attachment B.

EFFICIENCIES IN SERVICE DELIVERY

Business process re-engineering The board considers and approves applications by way of a delegation to a member of the board under section 17 of the Act. Delegation to the chair and deputy chair reduces the time applicants have to wait for a decision to about a week from receipt of all the required information.

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An internet site for the board is included on the OFT website at http://www.fairtrading.act.gov.au/index.html.

Human resource improvement The board discharges its consumer protection responsibilities effectively and efficiently. To this end the OFT investigated 30 new real estate complaints and 11 new travel complaints during 2002/2003. The office's inspectors conducted 128 inspections of real estate agencies, travel agencies and employment agencies. Staff in the Office’s Secretariat and Support Unit attended a half day workshop Developing Secretariat Skills, and a one day workshop Plain English and Reader-Friendly Writing. Staff also attended in-house training seminars on human rights, cultural diversity and performance development.

FREEDOM OF INFORMATION (FOI) STATEMENT The following statement is correct at 30 June 2003 and is included in this report as a requirement under the Freedom of Information Act 1989.

Functions The board is a corporate body with up to seven members, appointed by the minister. The Act requires that at least one member shall be a barrister and solicitor. The Act also requires that the minister appoint a member to be chair of the board, and that the members shall elect a board member as deputy chair for a period of one year. Each member holds office for such period, not exceeding three years, as is specified in the instrument of appointment. The Office of Fair Trading within the Department of Justice and Community Safety provides executive and secretariat support to the board.

Powers The board has wide powers under the Agents Act 1968 to grant, revoke, inquire into and vary registration and licensing of agents. It may subpoena witnesses, inspect books and require a bank to provide information about an agent's records. It may appoint a receiver or administrator, determine sanctions against an agent, and stipulate requirements in relation to signs, advertising and employment.

Categories of documents The board holds the agenda for, and minutes of, board meetings and inquiries; the register of agents; and transcripts of inquiry proceedings. The board holds guidelines for calculating the costs of inquiries, when the board awards costs. Its annual report, annual report of operations, industry newsletters, industry brochures for the real estate and travel

210 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory industries, and consumer brochures for the real estate and travel industries are also available.

Facilities for access Enquiries about documents, brochures, newsletters and requests for copies of reports may be made of the Registrar of Agents, ACT Office of Fair Trading Level 2, GIO House 250 City Walk Canberra City, ACT 2601 phone (02) 62070422 fax (02) 620 70424 e-mail [email protected] or by writing to the Registrar of Agents ACT Office of Fair Trading GPO Box 158 Canberra ACT 2601

FOI procedures and initial contact points People seeking information are encouraged to seek details through existing access avenues before resorting to the more formal FOI procedures. All FOI requests should be directed to the FOI Officer Department of Justice and Community Safety GPO Box 158 Canberra ACT 2601 phone (02) 620 70548)

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ATTACHMENT A -FINANCIAL STATEMENTS 2002–2003

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Management Discussion and Analysis for the Financial Year Ended 30 June 2003

General Overview

Strategies and Objectives The Agents Board is the licensing authority for the real estate, stock and station, business, travel and employment agency industries in the ACT. In discharging this function, the Board’s focus is on ensuring that consumer interests are protected. The Board is assisted by the Department of Justice and Community Services for administration of its functions and decisions. The Board aims to protect the interests of consumers when they deal with licensed agents by maintaining an effective and efficient licensing scheme and by ensuring that strong and equitable compensation schemes exist. The vision is: • That consumers using the services of licensed agents in the ACT are, at all times, dealing with qualified, experienced practitioners and, where provided for in legislation, have access to adequate compensation arrangements. • That the confidence of consumers and licensed agents in the administration of the Agents Act 1968 (the Act) of the ACT is maintained or increased. During 2003-04 the Act will be repealed and the Board’s regulatory functions will be transferred to the Consumer and Trader Tribunal while the financial functions will be absorbed by the Department of Justice and Community Safety. This should be particularly borne in mind when evaluating out-year performance.

Risk Management The Agents Fidelity Guarantee Fund (FGF) was created by Government in the event that a licensed real estate, stock & station or business agent defaulted or failed to account to a principal (client) for trust funds entrusted to the agent. The balance is $2.185 million against a target of $5 million. Interest on FGF balances is also part of the Board's income. Further increases in the FGF balance await ministerial approval which hinges on the outcome of discussions with the ACT Government Insurer. The only major risk to the Board is the possible collapse of one or more agents leaving principals/clients of those agents with entitlements greater than the balance in the FGF.That risk could be reduced by increasing the monies in the FGF by transferring other Board funds to it, and by increasing the $5 million target as time erodes its value by inflation.

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Board Financial Performance The following financial information is based on audited financial statements for 2001-02 and 2002-03, and the forward estimates contained in 2003-2004 Budget Paper Number 4.

Operating Result The operating profit for 2002-03 was $2,241,930 an improvement of $0.559m or 33% on the 2002-03 budget. The improvement was largely due to increased volume of sales in the market, higher average sale values and rentals and higher bank interest earned on agents trust account balances and a decrease in expenses from ordinary activities. The operating profit for 2002-03 increased by $0.6m, or 37% from the 2001-02 actual result. The increase was mainly due to increased revenue from trust account interest and investment interest and a decrease in administrative costs.

Figure 1 Statement of Financial Performance Trends

3,000 2,000

$m 1,000 0 2002 2003 2004 2005

Revenue Expenses Operating Result

As Figure 1 illustrates, the Agents Board is anticipating significant increases in revenue with a slight increase in expenses. The operating result shows a gradual improvement in the forward years.

Total Revenue The Agents Board is 100% self funded and raises income from three main sources: •Interest from trust accounts held by agents on behalf of clients; •Interest from investments through the Department of Treasury’s Central Financing Unit, •Registration and licensing fees.

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Figure 2 indicates that for the financial year ended 30 June 2003; the Board received 68% of its total revenue from bank trust account interest. The remainder was derived from investment interest and fees.

Figure 2 Components of Revenue 2002-03

5%

27% Bank trust a/c interest 68% Investment interest 27% Fees 5% 68%

Total revenue for the year ending 30 June 2003 was $2.516m, which was $0.297m higher than the 2002-03 budget of $2.219m. This increase is largely the result of increased volume of sales in the market, higher average sale values and rentals and higher bank interest earned on agents’ trust account balances and increased investment interest rates.

Total Expenditure The Agents Board’s core business objective is the licensing of the real estate, stock and station, business, travel and employment agency industries in the ACT. The main expenditure items during the year were employee, administrative and board costs relating to the provision of those services.

218 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory

Figure 3 Components of Expenditure 2002-03

8%

Employee 58% 34% Administrative 34% 58% Board 8%

Total expenditure of $0.274m was $0.262m (49%) lower than the budget of $0.536m. This decrease was largely the result of the suspension of grants for educational purposes and the revised departmental administration structure.

Board Financial Position The key indicators of the health of the Agents Board’s financial position are its ability to sustain its asset base, pay debts falling due in the short term, and maintaining prudent levels of longer term liabilities.

Sustained Asset Base The ability of the Agents Board to sustain its assets base is indicated by changes in its net assets. As Figure 4 below illustrates, the Agents Board maintains a strong net asset position due to its increasing retained surpluses in comparison with its liabilities.

Figure 4 Summary Statement of Financial Position

20,000 15,000 10,000 $m 5,000 0 30/06/2003 30/06/2004 30/06/2005 30/06/2006

Total Assets Total Liabilities Net Assets

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The net asset position as at 30 June 2003 is $11.5m, 7% higher than budget of $10.7m . The Agents Board’s net asset position reflects the continued strong revenue flows indicating an assets base capable of meeting the related service need of the Territory.

Liquidity In 2002-03, as in the previous financial year, the Agents Board was able to fund liabilities through its healthy cash position and reserves. Table 1 indicates the liquidity position of the Agents Board.

TABLE 1 – CURRENT RATIO

Description Prior Year Current Year Current Year Forward Year Forward Year Forward Year Actual $'000s Budget $'000s Actual $'000s Budget $'000s Budget $'000s Budget $'000s

2001-02 2002-03 2002-03 2003-04 2004-05 2005-06 Current Assets 5,717 7,408 7,989 8,966 10,375 11,777 Current Liabilities 105 94 134 111 114 117 Current Ratio 54.4:1 78.8:1 59.6:1 80.8:1 91.0:1 100.6:1

As per Table 1: The Board’s current ratio for the financial year is 59.6 to 1, a decrease on the budgeted current ration of 115.1:1. The decrease reflects a disproportionate increase in fees paid in advance and a reclassification of FGF and some SIA Investment Accounts into long-term assets.

TABLE 2 – FINANCIAL ASSETS TO TOTAL LIABILITIES RATIO

Description Prior Year Current Year Current Year Forward Year Forward Year Forward Year Actual $'000s Budget $'000s Actual $'000s Budget $'000s Budget $'000s Budget $'000s

2001-02 2002-03 2002-03 2003-04 2004-05 2005-06 Total Financial Assets 9,399 10,825 11,674 13,102 15,160 17,209 Total Liabilities 105 94 134 111 114 117 Financial Assets to 89.5:1 115.1:1 87.1:1 118.0:1 132.9:1 147.0:1 Liabilities Ratio

The total ratio in the forward years reflects a strong increase in assets to liabilities, maintaining a strong level of liquidity. With the financial assets to total liabilities ratio well in excess of 1:1 the Agents Board is well placed to meet any long term funding requirements.

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AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY ADMINISTRATION ACCOUNTS

Statement of Financial Performance for the Year Ended 30 June 2003

NOTES 2002-03 2002-03 2001-02 Actual Budget Actual $$$

REVENUE FROM ORDINARY ACTIVITIES Bank Interest on Agents’ Trust Deposits (4) 1,725,657 1,500,000 1,440,822 Registration, Licence Fees & Charges (15) 114,566 150,000 128,386 Investment Interest (2)(16) 675,638 569,000 310,568 Other Income 0 0 47,191 TOTAL REVENUE FROM ORDINARY ACTIVITIES 2,515,861 2,219,000 1,926,967

EXPENSES FROM ORDINARY ACTIVITIES Board Costs (8)(18) 22,871 35,000 30,351 Salaries and Employee Expenses (1d)(6)(19) 160,699 341,000 198,620 Supplies and Services (20) 90,361 110,000 65,658 Grants and Purchased Services 0 50,000 0 TOTAL EXPENSES FROM ORDINARY ACTIVITIES 273,931 536,000 294,629 Operating Result from Ordinary Activities 2,241,930 1,683,000 1,632,338 TOTAL CHANGE IN EQUITY INCLUDING THOSE RESULTING FROM TRANSACTIONS WITH OWNERS AS OWNERS 2,241,930 1,801,000 1,632,338

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AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY ADMINISTRATION ACCOUNTS

Statement of Financial Position for the Year Ended 30 June 2003

NOTES 2002-03 2002-03 2001-02 Actual Budget Actual $$$

CURRENT ASSETS Cash (9) 77,422 222,000 262,766 Receivables (10) 226,996 280,000 273,447 Investments (1c)(2)(11) 7,684,188 6,906,000 5,151,421 TOTAL CURRENT ASSETS 7,988,606 7,408,000 5,717,634

Non-Current Assets Investments (1c)(2)(11) 3,685,217 3,417,000 3.681.017 TOTAL NON-CURRENT ASSETS 3,685,217 3,417,000 3,681,017 TOTAL ASSETS 11,673,823 10,825,000 9,398,651

CURRENT LIABILITIES Creditors and Accruals (12) 83,168 18,000 103,013 Fees Paid in Advance (13) 51,137 76,000 2,250 TOTAL CURRENT LIABILITIES 134,305 94,000 105,263 TOTAL LIABILITIES 134,305 94,000 105,263

NET ASSETS 11,539,518 10,731,000 9,293,388 EQUITY Retained Surplus–Admin & SIA Accounts (14) 9,354,301 7,550,000 7,112,371 Retained Surplus- Fidelity Guarantee Fund (14) 2,185,217 3,181,000 2,181,017 TOTAL EQUITY 11,539,518 10,731,000 9,293,388

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AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY ADMINISTRATION ACCOUNTS

Statement of Financial Performance for the Year Ended 30 June 2003

NOTES 2002-03 2002-03 2001-02 Actual Budget Actual $$$ REVENUE FROM ORDINARY ACTIVITIES Recovery (22) 4,200 0 0 TOTAL REVENUE FROM ORDINARY ACTIVITIES 4,200 0 0 EXPENSES FROM ORDINARY ACTIVITIES Claim against FGF 0 0 14,783 TOTAL EXPENSES FROM ORDINARY ACTIVITIES 0 0 (14,783)

OPERATING RESULT FROM ORDINARY ACTIVITIES 0 0 (14,783)

TOTAL CHANGE IN EQUITY OTHER THAN THOSE RESULTING FROM TRANSACTIONS WITH OWNERS AS OWNERS 4,200 0 (14,783)

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AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY ADMINISTRATION ACCOUNTS

Statement of Cash Flows for the Year Ended 30 June 2003

NOTES 2002-03 2002-03 2001-02 Actual Budget Actual $$$

CASH FLOWS FROM OPERATING ACTIVITIES Receipts Registrations, Fees and Fines 162,339 153,000 65,861 Interest Received 748,828 566,000 325,011

Other (Trust Accounts & ATO) 1,703,468 1,524,000 1,469,880

Operating Receipts 2,614,635 2,243,000 1,860,752

Payments Related to Employees 174,074 376,000 117,818 Related to Administration 118,938 110,000 108,862 Grants and Purchased Services 0 50,000 0

Other 0 25,000 0

Operating Payments 293,012 561,000 226,680

NET CASH INFLOW FROM OPERATING ACTIVITIES (1A) 2,321,623 1,682,000 1,634,072

CASH FLOWS FROM INVESTING ACTIVITIES Receipts

Proceeds from Sale of Investments 0 0 14,783

Investing Receipts 0 0 14,783

Payments Purchase of Investments 4,200 1,682,000 0

Investing Payments 4,200 1,682,000 0

NET CASH (OUTFLOW)/INFLOW FROM INVESTING ACTIVITIES (4,200) ( 1,682,000) 14,783

NET INCREASE IN CASH HELD 2,317,423 0 1,648,855

CASH AT BEGINNING OF THE REPORTING PERIOD 5,444,186 222,000 3,795,331

CASH AT END OF THE REPORTING PERIOD (2A) 7,761,609 222,000 5,444,186

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AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY

Notes to the Statement of Cash flows

2002-03 2001-02 Actual Actual $$ 1A Reconciliation to Net Cash Provided by Operating Activities to Operating Profit Operating Surplus 2,246,130 1,617,555

Changes in Assets and Liabilities

Decrease (Increase) in Receivable & Prepayments 46,451 466 Increase (Decrease) in Payables (19,845) 84,664 Increase (Decrease) in Fees Paid in Advance 48,887 (68,612) Net increase in cash held 2,321,624 1,634,072

2A Reconciliation of Cash Cash at the end of the reporting period as shown in the Statement of Cash Flows is reconciled to the related items in the Balance Sheet as follows: Cash on Hand 0 200 Cash in Bank 77,422 262,566 Short-Term Investments 7,684,188 5,181,421 7,761,610 5,444,187

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AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY

Notes To and Forming Part of the Financial Statements for the Year ended 30 June 2003 1. STATEMENT OF ACCOUNTING POLICIES

(a) Statutory Requirements The Agents Board of the ACT is a Territory Authority to which Part VIII of the Financial Management Act 1996 applies.

(b) General Basis of Accounting and Financial Statements The financial statements are prepared in accordance with the Department of Treasury Accounting Policy Manual. The manual incorporates applicable Australian Accounting Standards and ACT legislation. The Board is required to keep accounts in accordance with commercial practice and the financial statements are prepared on an accrual basis and are in accordance with historical cost principles.

(c) Investments Investments are deposits with the Central Finance Unit (CFU) of the ACT Department of Treasury. Deposits include principal and interest credited and reinvested during the year.

(d) Provisions for Employee Entitlements This provision is not necessary as the Board pays salary entitlements as and when billed by the Department of Justice and Community Safety. (see Note 12).

(e) Income Tax The Board’s activities are exempted from income tax and the Board did not incur any Fringe Benefits Tax during the year. Accordingly no provision for tax payable is made.

(f) Prior Year Comparatives Where necessary, the prior year comparatives have been amended to facilitate comparison with the current year presentation of financial information.

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2. BANKING AND INVESTMENT ARRANGEMENTS The Board is required by the Agents Act 1968 to establish and maintain two Administrative Accounts. The Agents Statutory Interest Account receives all income derived by the Board. Transfers from the Statutory Interest Account are made to other accounts operated by the Board in accordance with the requirements of the Act. The Agents Administration Account meets expenses in connection with the administration of the Agents Act 1968. The Agents Fidelity Guarantee Fund meets claims for failures by licensed real estate, stock & station and business agents to account for trust funds lodged with them. Funds in all accounts not immediately required for the Board’s activities are deposited with the CFU.

3. AGENTS FIDELITY GUARANTEE FUND The Fund was established on 1 July 1992 for the purpose of protecting consumers from any licensed real estate, stock & station or business agent’s failure to account for moneys held in trust accounts. The Agents Act 1968 provides that supplementation to the Fund can only be made from the operating surplus accumulated in prior years. An initial payment of $50,000 from the operating surplus was made into the Fund in 1993 with subsequent supplementation of $150,000 in 1994, $500,000 in 1995, $500,000 in 1996 and a further $1 million in 1997. The Board sought the Minister’s approval to supplement the Fund by $2,800,000 and also recommended that the Minister increase the target level of the Fund to $10 million. Such approval has been deferred pending an actuarial study of the adequacy of the Fund and existing prudential standards. In accordance with the Agents Act 1968, the assets of the Fund are the property of the Board, shall be kept separate from all other Board property, and shall be expended only for the purposes set out in the Act.

4. BANK INTEREST ON REAL ESTATE AGENTS’TRUST DEPOSITS The Board is empowered to enter into arrangements with banks in the Territory for the payment of interest on the deposits held in any trust accounts maintained by licensed real estate, stock & station or business agents. The Board has entered into agreements with the following seven banks to remit interest payments on a monthly basis: ANZ Banking Group Limited; Commonwealth Bank of Australia; Macquarie Bank Limited; National Australia Bank Limited; St George Bank Limited; Westpac Banking Corporation, Bendigo Bank.

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5. WORKING CAPITAL FUNDING Part 6C of the Agents Act provides that income earned in one year cannot be used to pay the expenses incurred in that year. The Board continues to self-fund its activities from prior years’ surplus with no borrowing required apart from its first year of operation.

6. STAFFING AND ACCOMMODATION ARRANGEMENTS WITH THE ACT GOVERNMENT Staffing: Staff provided to the Board to assist it in the discharge of its responsibilities are located in the Office of Fair Trading (OFT) within the Policy and Regulatory Division of the Department of Justice and Community Safety (JACS). The staff, in addition to providing services to the Board, also undertake a range of other duties within the Office of Fair Trading. The staff costs attributed to the Board are derived from records maintained by the Office of Fair Trading for performance reporting purposes that record the time spent by the officers on Agents Act related matters. The Board relies completely on the assessment by JACS for the costs of staffing and administration of Board functions. Accommodation: The Board reimburses the Department for accommodation costs, which the Department assesses, for OFT staff employed on Board tasks. Their present location is the 2nd Floor, GIO House, City Walk, Canberra.

7. AUDIT FEES & SERVICES The Board received audit services from the ACT Auditor-General. The basis of accruing the audit fees has been revised since 1996-97 based on advice from the Auditor-General’s Office. From 1996-97 and years onward, audit fees are only accrued to represent the value of audit work actually performed during the financial year. In respect of audit services for the year ended 30 June 2003, an accrual has been made for an amount of $9,790 for the audit fees.

8. BOARD MEMBERS’ REMUNERATION All Board members are part time statutory office holders appointed by the Minister. Board members are paid in accordance with the remuneration rates set by the ACT Remuneration Tribunal. The Chairman of the Board was paid a daily rate of $310 for every eligible day of sitting for the business of the Board; the members were paid at a daily rate of $260. The total remuneration paid to the Chair and the Board members during 2002-03 was $22,871 (2001-02 was $30,351).

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During the year, remuneration was paid from the Administration Account to the following Board members: * Mr P Crowley Chair * Mr J O’Neill Deputy Chair * Ms G Boersma Member * Mr M Kumm Member * Ms J Swann Member * Ms M O’Mara Member * Ms S Todd Member * Mr H Hird Member All Board members who are registered and/or licensed agents have paid their fees.

2002-03 2001-02 Notes $ $

9. CASH Petty Cash 0 200 Administration Account 9,857 2,669 Statutory Interest Account 67,565 259,897 7,422 262,766

10. CURRENT RECEIVABLES Bank Interest from Agents’ Trust Deposits 146,877 120,487 Interest on Bank Deposits 622 882 Interest on CFU Investments 29,837 102,767 Other Receivables 49,660 49,311 TOTAL RECEIVABLES 226,996 273,447

Aging of Receivables Overdue for less than 30 days 179,805 273,447 Overdue for more than 60 days 47,191 0 Total Receivables 226,996 273,447 Split of Government/Non-Government Receivables Receivables with Other ACT Govt. Entities Accrued Revenue 29,837 102,767 Total Receivables with Other ACT Govt. Entities 29,837 102,767 Receivables with Entities Outside Government Accrued Revenue 197,159 170,680 Total Receivables with Entities Outside Government 197,159 170,680 Total Receivables 226,996 273,447

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2002-03 2001-02 Notes $$

11. INVESTMENTS Short-Term Investments Administration Account 314,504 561,000 Statutory Interest Account 7,369,684 4,620,422 Total Short-Term Investments 7,684,188 5,181,422 Long-Term Investments Fidelity Guarantee Fund 2,185,217 2,181,016 Statutory Interest Account 1,500,000 1,500,000 Total Long-Term Investments 3,685,217 3,681,016 TOTAL INVESTMENTS 11,369,405 8,862,438

12. PAYABLES Creditors Trade Creditors 0 1,113 Accruals Accrued Salaries and Employee Expenses 50,063 54,555 Accrued Employee Superannuation 2,388 9,647 Accrued Board Administrative Expenses 20,927 28,348 Accrued Audit Fee 9,790 9,350 Total Current Payables 83,168 103,013 Payables are Aged as follows: Not Overdue 83,168 101,900 Split of Government/Non-Government Payables Payables with Other ACT Govt. Entities

Accrued Expenses 83,168 101,900 Total Payables with ACT Govt. Entities 83,168 101,900 Payables with Entities Outside ACT Government Accrued Expenses 0 1,113 Total Payables with Entities Outside ACT Govt. 0 1,113 TOTAL PAYABLES 83,168 103,013

13. FEES PAID IN ADVANCE Registration and Licence Fees 51,137 2,250 Total Fees Paid in Advance 51,137 2,250

230 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory

2002-03 2001-02 Notes $$

14. EQUITY Admin and SIA Opening Balance 7,112,371 5,480,032 Operating Surplus 2,241,930 1,632,338 9,354,301 7,112,370 FGF Opening Balance 2,181,017 2,195,800 Operating Result 4,200 (14,783) 2,185,217 2,181,017 TOTAL EQUITY 11,539,518 9,293,388

15. REGISTRATION AND LICENCE FEES Registration 39,318 39,656 Company Licence 41,027 41,924 Personal Licence 3,127 4,243 Travel Agent Licence 15,783 17,710 Employment Agent Licence 14,569 22.881 Other Fees, Fines and Charges 742 1,972 Total Registration and Licence Fees 114,566 128,386

16. INTEREST ON INVESTMENTS CFU of Department of Treasury 656,688 289,057 Bank Interest 18,950 21,511 Total Interest on Investments 675,638 310,568

17. OTHER REVENUE Accrual for reimbursement from REIACT 0 47,191 0 47,191

18. BOARD COSTS Board Members’ Renumeration (8) 19,631 25,011 Board Members’ Superannuation (8) 1,216 0 Inquiries and Meetings 2,025 5,340 Total Board Costs 22,871 30,351

19. SALARY AND EMPLOYEE EXPENSES Salaries 43,307 174,517 On-costs and Benefits 17,392 24,102 Total Expenses 160,699 198,620

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 231 annexed reports Agents Board of the Australian Capital Territory

2002-03 2001-02 Notes $$

20. SUPPLIES AND SERVICES Audit Fees 9,790 8,500 Advertising and Gazettal 5,221 6,034 Annual Report, Publications & Promotions 2,810 ,161 Consultants, Legal & Professional Charges 1,908 4,737 Computers, Database and Accounting Systems 12,848 400 Employment Agent Regulatory Expenses 9,197 9,976 General Expenses Other 1,144 1,557 General Expenses –Postage & Courier 3,075 3,670 Office Equipment ,587 3,998 Printing 3,686 0 Rent Office Premises 20,028 9,221 Supplies, Stationery & Subscriptions 1,832 2,009 Telephone & Communication 1,985 3,059 Training 3,415 1,499 Travel Agent Regulatory Expenses 9,835 7,840 90,361 65,659

21. GRANTS TO OUTSIDE OF ACT GOVERNMENT In some past years the Board has provided a grant to the Real Estate Institute of the ACT (REIACT) to provide specific training programs. An amount of $120,000 was budgeted for the 1998/99, 1999/00, 2000/01, 2001/02 and $50,000 for 2002/03 financial years. Funding was suspended pending the result of a performance review which was completed in December 2001 by the ACT Auditor General which found that at least $47,191 should be refunded by REIACT to the Board. Action is underway to recover the funds.

22. FGF INCOME Recovery of $4,200 against a claim made in a prior year.

232 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory

23. FINANCIAL INSTRUMENTS

(a) Terms, Conditions and Accounting Policies The Board’s accounting policies and the terms and conditions for each class of financial asset is as follows:

Recognise Financial Note Accounting Policies Terms and Conditions Instruments

Financial Assets (9) Cash is stated at its Interest earned at 4.6% nominal amount. on the bank account. Cash Interest is recognised in the Statement of Financial Performance when earned.

Investments (1c) Investments are stated at Investment at balance the lower of cost or net date are held with the (2)(11) realisable value. Interest is CFU. The tear ti date recognised in the aveberage rate ib Statement of Financial ubvestnebs us 7.32% Performance when earned.

Receivables (10) These receivables are Receivables are recognised at the nominal normally collected amounts due, less any within 30 days. provision for bad and doubtful debts. Collectability of debts is reviewed at balance date. Provisions will be made when collection of the debt is judged to be less, rather than more, likely

The Board’s accounting policies and the terms and conditions for each class of financial liability is as follows: Recognise Financial Note Accounting Policies Terms and Conditions Instruments

Financial Liabilities (12) Creditors are recognised Creditors are normally for amounts to be paid in settled within 30 days. Payables the future for services received, whether or not billed to the entity.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 233 annexed reports Agents Board of the Australian Capital Territory

(b) Credit Risk Exposure The Board has no significant exposure to any credit risk.

(c) Interest Rate Exposure The exposure to interest rate risk and the effective weighted average interest rate for each class of financial assets and financial liabilities is set out below. Weighted Av. Interest Floating Interest Rate Non Interest Bearing TOTAL 02-03 01-02 02-03 01-02 02-03 01-02 02-03 01-02 $$ $ Financial Assets Cash 4.60% 4.78% 77,422 262,766 0 0 77,422 262,766 Investments 7.32% 4.60% 11,369,405 8,862,438 0 0 11,369,405 8,862,438 Receivables 0.00% 0 0 226,996 273,447 226,996 273,447 Total Financial Assets 11,446,827 9,125,204 226,996 273,447 11,673,823 9,398,651

Financial Liabilities Payables 0.00% 0.00% 0 0 0 1,113 0 1,113 Total Financial Liabilities 0 0 0 1,113 0 1,113 Net Financial Assets 11,446,827 9,125,204 226,996 272,334 11,673,823 9,397,538

(d) Net Fair Values of Financial Instruments Financial assets and liabilities are carried at their net fair value at balance date. The net fair value of financial assets and liabilities approximate their carrying value reported in the Statement of Financial Position because of: (i) the short term to maturity or realisation for Cash and Investments; (ii) the expected short term to payment for creditors; and (iii) the expected short term to collect debtors.

(e) Unrecognised Financial Instruments There were no unrecognised financial assets or liabilities.

234 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory emain stable. r and the application approved. was accepted by the Board Expect numbers will remain stable Expect numbers will remain an impact. * 0* 15 On-going program. * 0* 12 On-going program. 23 44 46 employment agents identified. Expect numbers will More 45 34 35 Collapse of Ansett and international instability has had ets Outcome Targets Notes / Reasons for Variation rg Ta 2002-03 2002-03 2003-04 Percentage of new registrations issued which of new registrations Percentage 100% comply with statutory requirements: 97% 100% but it 1 application was day outside the requirement Percentage of new licences issued which Percentage comply with statutory requirements: 100% in which to the Board of referrals Percentage was found: a breach 100% 90% of consumer claims against the Percentage 100% which met legislative requirements: FGF approved 67% 100% 80% N/A withdrawn prior to hearing. were 4 of 12 charges 100% Number of inspections per annum: Number of licences: Number of licences:Number of inspections per annum: Number of inquiries per annum: funded:Number of projects Number of compensation claims received: 100Number of licences: 128 0 15Number of inspections per annum: 185 *70 13 on inspections. 0 Extra staff resources 1 225 15 220 0 0 depends on inspection/complaint outcomes Largely stable. Depends on demand. Expect numbers will remain 1 Quantity Number of registrations: 545 538 525 & surrenders. Higher level of revocations ravel Agents Quality Employment Agents TARGETS AND PERFORMANCE MEASUREMENTS Measures T Real Estate Agents

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 235 annexed reports Agents Board of the Australian Capital Territory Office of Fair Trading. Office of FairTrading. Office of FairTrading. gets Outcome Targets Notes / Reasons for Variation Tar 2002-03 2002-03 2003-04 verage cost of administration per licence: $2,843 $536 $500 due to the amended billing method from Decrease verage cost of administration per inquiry: verage cost per board verage cost per inspection: $630verage cost of administration per licence: $259 $2,000 $1,817 $1,759 $400 $869 due to the amended billing method from Decrease $2000 $500 Some shorter duration inquiries held. $500 due to the amended billing method from Decrease $64 $300 Higher ratio of less complicated inspections undertaken. egistration/licence: Office of Fair Trading. A r A A A A •For 2002-03 inspections included all licensed agents but for 2003-04 they will be reported separately. •For 2002-03 inspections included all licensed agents but for 2003-04 they will be reported imelines ravel Agents Employment Agents T T decision to grant registrationImplement Board /licence within 7 work days of receiving or delegate: Board from approval 90% issued to agent within 14 days Inspection report of the conclusion inspection: 86% 80% decision following inquiry implemented Board within 7 work days: 90% 95%Compensation claims paid to consumer 80% Some agents not notified within the 7 days due to staff on to pay: approval within 7 work days of Board 80% 100% finalisation of reports Prompt Cost: 80%Real Estate Agents 90% finalisation of decision reports Prompt N/A leave over the Christmas period. 90% Measures NOTE: being made available by the staffing resources subject to appropriate are and targets Achievement of performance measures

236 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory

ATTACHMENT B - ALPHABETICAL LIST OF EMPLOYMENT AGENTS LICENSED DURING 2002/03 Licensed name Trading name/s Adecco Australia Pty Ltd Adecco Alliance Recruiting Australia Pty Ltd Alliance Recruiting Australia Allstaff Australia Pty Ltd Allstaff Australia Camp Counsellors USA Pty Ltd Camp Counsellors USA Candle Australia Ltd Candle Careers Unlimited Pty Ltd Careers Unlimited Catalyst Recruitment Systems Ltd Catalyst Recruitment Systems Ltd Chandler MacLeod Group Pty Ltd Chandler MacLeod Ready Workforce Telus Entec CPIC.COM.AU Pty Ltd CPIC Force CPIC Magic Clever People in Computing Diversiti Pty Ltd Diversiti Diversiti People Drake Australia Pty Ltd Drake Effective People Pty Ltd Effective People Employment National Ltd Employment National Finite Recruitment Pty Ltd Finite Recruitment Pty Ltd Frontier Group Australia Pty Ltd Frontier IT Recruitment Consulting Hays Personnel Services (Australia) Pty Ltd Hays Personnel Services Hays Accountancy Personnel Hays Banking Personnel Hays Metier Personnel Hays IT Personnel Hays Executive Hays Personnel Contact Centre Hays Personnel Hays Montrose

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 237 annexed reports Agents Board of the Australian Capital Territory

Licensed name Trading name/s IPA Personnel Pty Ltd IPA Personnel Julia Ross Recruitment Ltd Julia Ross Hot & Chilli Kelly Services (Australia) Pty Ltd Kelly Temporary Services Kelly Hospitality Recruitment Kelly Industrial Support Kelly Light Industrial Kelly Marketing Support Kelly Recruitment Consultants KNA Enterprises Pty Ltd Action Coaching Canberra Kowalski Consulting Pty Ltd Kowalski Consulting Merritt, Wayne Orion Logistics Solutions Mission Australia Mission Employment Omega Personnel Pty Ltd Omega Personnel Paper Shuffle Pty Ltd Hansen Searson Ford Executive Search Parkside Consulting Pty Ltd Parkside Consulting Patacat Pty Ltd Patacat Computing Paxus Australia Pty Ltd Paxus Paxus People CSC People Pethybridge, Wayne EVP Recruitment Group Professional Careers Australia Pty Ltd Professional Careers Australia P.C.A. Professional Careers Education Centre Accountancy Appointments Professional Careers Legal Personnel Professional Service Solutions Pty Ltd Professional Service Solutions Quest Employment Solutions Pty Ltd Quest Employment & Training Solutions Recruitment Management Company Pty Ltd Recruitment Management Company Small and Associates Pty Ltd Smalls Recruiting Spherion Recruitment Solutions Pty Ltd Spherion Recruitment Solutions Office & Professional Spirek, Henry * EVP Recruitment * Licence revoked 30/08/2002

238 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Agents Board of the Australian Capital Territory

Licensed name Trading name/s Staffing and Office Solutions Pty Ltd Staffing and Office Solutions TAD Pty Ltd TAD Technical Careers & Contracts The Green & Green Group Pty Ltd The Green & Green Group Green & Green Consulting Green & Green Executive Search & Selection Green and Green Support Staffing Orien Recruitment Medrecruit Global G & G Skilled Staffing Executive Element The One Umbrella Pty Ltd Library Locums Qualified Records People The Public Affairs Recruiting Company The Public Affairs Recruiting Company Pty Ltd Pty Ltd The Quest Group Pty Ltd Quest Employment & Training Solutions TMP Worldwide eResourcing Pty Ltd TMP Worldwide eResourcing Pty Ltd Universe IT Pty Ltd Universe IT Pty Ltd Westaff (Australia) Pty Ltd Westaff White, Sheila Delaney International Nannies Wizard Personnel & Office Services Pty Ltd Wizard Personnel & Office Services Pty Ltd

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 239 annexed reports Agents Board of the Australian Capital Territory

ATTACHMENT C - AGENTS BOARD OF THE AUSTRALIAN CAPITAL TERRITORY The regulation of real estate, stock and station, business agents, travel agents and employment agents

Legislation Reference Activity Records 2002/2003

Agents Act 1968 Section 7 No. of registered agents 539* No. of licensed employment agents 46* No. of licensed real estate agents 159 No. of licensed stock & station agents 21 No. of licensed business agents 45 No. of licensed travel agents 34 Part 9 No. of registered agents surrendered 24 No. of registered agents revoked 23 No. of licensed real estate, stock & station, business and employment agents surrendered 21 No. of licensed real estate, stock & station, business and employment agents revoked 1

*Variation from Targets and Performance Measurements: Minor anomalies were identified as part of the data migration process to the OFT’s new integrated business system

Legislation Reference Activity Records 2002/2003

Subsection 74(1) No. of investigations of possible breaches (Referrals to board) 10 Section 68 No. of agency inspections 128 Parts 8 & 11 No. of Agents Board inquiries 7# Part 6D No. of claims against Agents Fidelity Guarantee Fund 0

#Variation from Targets and Performance Measurements: A further six inquiries were not completed during the reporting period

240 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Chief Coroner of the Australian Capital Territory

ANNUAL REPORT 2002 – 2003 annexed reports Chief Coroner of the ACT

Chief Coroner of the Australian Capital Territory

Pursuant to Section 102 of the Coroners Act 1997 Section 102 of the Coroners Act 1997 (“The Act”) provides as follows: (1) The Chief Coroner shall furnish to the Attorney-General for presentation to the Legislative Assembly a report relating to the activities of the court during each financial year. (2) A report under this section is a periodic report for the purposes of section 30A of the Interpretation Act 1967. (3) An annual report prepared under this section shall include particulars of - •reports prepared by Coroners into deaths in custody and findings contained in those reports; •certificates given under section 14(3); • responses of agencies under Section 76 including correspondence in • relation to those responses; and •any recommendations made under subsection 57(3). This is the ninth such report furnished under the Act and is for the financial year 1 July 2002 to 30 June 2003. Section 13 of the Act sets out the circumstances under which a Coroner shall hold an Inquest. Section 14 enables a Coroner to dispense with an inquest if the Coroner is of the opinion that the cause of death is sufficiently disclosed in the material supplied by the investigating officers and that an inquest is unnecessary. Under such circumstances, a Coroner is obliged to furnish a certificate to the Chief Coroner stating reasons for doing so (Section 14(3)). This annual report includes statistics concerning such dispensations together with details of recommendations made to the Attorney-General under Section 57 (3).

Deaths in Custody There were no Inquests finalised where a deceased person was regarded as being a death in custody.

Responses to Reports A response was received from the Acting Director of Mental Health ACT following recommendations made by the Chief Coroner relating to the death of a 67 year old male who died as a result of injuries received in a fall from height.

242 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Chief Coroner of the ACT

The recommendations were reported in the 2001-2002 Annual Report as follows. Chief Coroner R.J. Cahill made the following findings and recommendations: “I find that the cause of the fall is obscure. It may have resulted from an attempt by the deceased to take his own life. I cannot rule out the fact that the deceased may have fallen as a result of dizziness, medication or a heart condition. I do rule out any evidence of foul play or the involvement of any other person. I made these formal findings in court on 25 July 2000. Comments and Recommendations to the Attorney-General Pursuant to Section 57 Coroners Act 1997 1. A review should be conducted of the procedure by which significant incidents for a patient are recorded at the Canberra Hospital Psychiatric Unit. There is a need to introduce procedures that would ensure that the treatment team and nursing staff are fully aware of such incidents promptly after they occur. 2. A reconsideration of the ARC (At Risk Assessment System) involving all participants at the Canberra Hospital Psychiatric Unit would be of benefit. Training and consultation in this respect would lead to a consistency of application and a better understanding of the requirements and practical effects of rating patients in accordance with this system. 3. The Clinical Director and Chief Psychiatrist has clearly indicated her views on the process of internal transfer of patients between open and closed wards within the psychiatric unit as follows: “The assessment to transfer is made with due consideration to a number of factors: •Perceived dangerousness to self or others: • Best milieu environment for the persons individual care; •Persons own preference and that of their family; • Status under the Mental Health Treatment and Care Act 1994; and •Location of best clinical intervention. The decision is made by a multi disciplinary team taking into account the views of the person and their carers.” Steps should be taken to ensure that in transfer decisions best practice is followed to ensure the assessment is made on the best possible information clinical or otherwise.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 243 annexed reports Chief Coroner of the ACT

4. Appropriate involvement of the views of the client, the client’s family and the client’s carers in decision making should be encouraged. Procedures and practices in the PSU should be reconsidered in this light. 5. A regular planned audit of all practices and procedures should take place as a matter of course. This would ensure that best practice standards are applied in all aspects of the PSU’s operation. This is a general recommendation that arises from some of the issues that have arisen in my consideration of the death herein.” The response is as follows: Recommendation 1: Following a revision of procedures, where significant incidents occur on a previous shift these are to be drawn to the attention of the oncoming staff. These incidents are also to be discussed at the staff meeting which is held fortnightly. A copy of the significant incident report is to be held on the individual’s clinical file and incident reports are audited by the Team Leader, trended and referred to medical staff. Recommendation 2: The At Risk Check System (ARC) policy has been revised. When rating clients, a higher level of observation care can be authorised by any clinical staff member. However, a move to a reduced level of observation this can only be done through multidisciplinary team review. ARC scores are reviewed at the daily clinical business meeting and any changes recorded in the patient’s clinical file. A laminated copy of the ARC system is issued to all nursing staff and affixed to their identification badge for ease of use. The use of the revised ARC system is also incorporated into the Units staff orientation program. A shift assessment protocol is in place that generates a numeric score to guide client transfers in the Unit based on best practice. Carer’s views are able to be incorporated within the scoring system. Recommendation 3: Multidisciplinary decisions regarding client transfers are required to be documented in the clinical record and weekly random file audits are undertaken of client transfer protocol. Recommendation 4: A consumer and a carer consultation forum have been established at the Psychiatry Services Unit (PSU).

244 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Chief Coroner of the ACT

Recommendation 5: With this review of procedures, a number of clinical audits are now conducted including those undertaken in compiling the clinical indicator data for PSU, reported on a quarterly basis to the Australian Council on Healthcare Standards. It should be noted that with recent works to the acute psychiatry unit, clients are unable to access the top floor of the PSU unless given access by staff.

Recommondations to the Attorney-General There were three Inquests held between July 2001 and June 2002 where recommendations were made to the Attorney-General. Section 57(3) of the Coroner’s Act allows a Coroner to make recommendations to the Attorney-General on any matter connected with an inquest including matters relating to public health or safety.

CASE 1 Recommendations The deceased, a 42 year old female, died of self-inflicted hanging. Coroner P.R. Thompson made the following recommendation: “I RECOMMEND that in view of the facts of this matter and other recent deaths in similar circumstances where Mental Health Crisis Teams have been involved, that the provisions of the Mental Health (Treatment & Care) Act dealing with emergency involuntary admission be reviewed”. On 4 December 2002 the General Manager of Mental Health ACT responded as follows: “In response to the recommendation made by Coroner Thompson and in accordance with Section 76 of the Coroners Act, I wish to advise that the Mental Health ACT Policy Unit is coordinating development of amendments to the Mental Health (Treatment & Care) Act 1994 which is expected to be finalised for tabling in the Legislative Assembly in the Spring Session of 2003”.

CASE 2 Recommendations The deceased died as a result of acidosis caused by acute liver failure caused by Amanita Phalloides (“Death Cap”) mushroom poisoning. Coroner P.R.Thompson made the following recommendation: “That the ACT Government regularly publish warnings to the ACT community during the mushroom growing season that Death Cap Mushrooms are common in ACT gardens”.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 245 annexed reports Chief Coroner of the ACT

The Minister for Health, Simon Corbell MLA, advised the Coroner on 22 April 2003: “Officers of ACT Health have reviewed the recommendations and Health Protective Services has developed an Action Plan to address your recommendations”.

CASE 3 Recommendations The deceased, a 21 year old male, was the driver of a motor vehicle when it was involved in a collision with another motor vehicle in Fyshwick ACT. The driver and a passenger in the other vehicle were also killed in the collision. Coroner P.R.Thompson made the following recommendations: “I RECOMMEND that a copy of Constable Shane McMahon’s statement and a copy of a letter re parking issues (Exhibit ‘KK’) be forwarded to the Minister for Urban Services for the purposes of considering whether or not a 50 KPH speed zone be implemented in the Fyshwick area and to review the parking policy with respect to cars being parked on nature strips outside car yards also in the Fyshwick area”.

Re-opened Inquest In another matter, the Coroner re-opened an Inquest into the manner and cause of the death of a 19 year old male who died of injuries sustained in a motor vehicle accident at the intersection of Ginninderra Drive and Companion Crescent, Flynn. Following the hearing, the Coroner made representations to the Department of Urban Services in relation to the traffic arrangements at the intersection. The Manager of Asset Use – Roads ACT has advised that he proposes to replace the existing GIVE WAY signs at the intersection with STOP signs. Two such signs, one left one right, are to be provided on each Companion Crescent approach. General Observations Forensic Pathology Services In October 2002 Dr Lavinia Hallam joined Dr Sanjiv Jain in providing forensic pathology services for the Coroner. I thank these two doctors for their support and assistance to the ACT service. After discussion with the Australian Federal Police, the ACT Director of Public Prosecutions an arrangement has been made where a suspicious death occurs and criminal proceedings may arise, a forensic pathologist from the Victorian Institute of Forensic Medicine is engaged to conduct that particular post-mortem examination on behalf of the Coroner. This process is extremely expensive with costs being shared by the AFP and the Coroner’s Court.

246 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Chief Coroner of the ACT

I have raised with the Attorney-General the urgent need to recruit a specialist forensic pathologist for the ACT. There is in general a scarcity of such specialists in Australasia.

Forensic Medical Centre – Kingston The current Forensic Medical Centre is located amid the Kingston foreshore development and obviously will need relocation. It is essential that any future centre is secure and separately under the control of the ACT coronial service. Discussions did take place a number of years ago concerning a recommendation for the relocation of the Forensic Medical Centre at the Canberra Hospital precinct. This is resource saving and convenient but will need early resolution.

Forensic Medicine Centre Open Day An Open Day was held at the Forensic Medicine Centre Kingston on 24 August 2002. Approximately 400 attended the Open Day which featured regular talks by one of Australia’s leading pathologists. Other highlights included medically related displays, videos and information on the ACT coronial system.

National Coroners Information System (NCIS) The ACT Coronial Service continues to be involved with the ever developing NCIS. We played a pivotal role in a number of pilot programmes that have assisted improvement of the system. There is a need to ensure that this unique national exercise is properly funded for present and future purposes. I thank Michell Heidtmann, Coronial Registrar and my Executive Assistant Jeannie Corvo for their efforts in this area. Information relating to the NCIS is available at the website www.vifp.monash.edu.au/ncis/.

Parallel Inquiries The scope of the coronial process is expanding and in larger inquests government will look to parallel inquiries to also investigate the same issues. In such cases there is a clear need for co operation, sharing of evidence (in particular documentation) and demarcation of responsibility. Such a situation has recently arisen in respect of the McLeod Inquiry and the inquiry being conducted by Coroner M.K. Doogan into the ACT Bushfires of January 2003. I am pleased to report that the relationship between the two investigations has thus far proved extremely efficient.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 247 annexed reports Chief Coroner of the ACT

Scope of ”Deaths in Custody” The Coroners Act 1997 provides specific detailed requirements to be followed by investigators and coroners where there are deaths in custody. The time has come to examine closely the areas that will be designated deaths in custody. During the current year, a number of deaths were investigated involving supported government accommodation for the disabled. This is not formally a death in custody but has been treated by the ACT coronial service as such. A review needs to be conducted into the areas where matters are to be designated as deaths in custody. Further, there needs to be provision for a specific requirement for the coroner to clearly designate a matter as a “death in custody” at an early point in time. I recommend a reconsideration of the situation and the process of “death in custody”process.

Memoranda of Understanding On 26th July 2002 a Memorandum of Understanding between the Australian Federal Police, The ACT Fire Brigade, The Rural Firefighting Service and the ACT Coroner’s Court was signed. The MOU underpins the future codes of practice in emergency situations and formalises the relationship between the services. A Memorandum of Understanding is close to finalization between the ACT Coronial Service and the Australian Defence Force to apply where a death occurs involving Defence Force personnel. This instrument has been negotiated nationwide under the auspices of the Council for the Heads of Australian Coronial Jurisdictions. There have been longstanding negotiations with the Australian Transport Safety Bureau concerning new legislation involving the role of the coroner in air, road and rail deaths. The legislation is now almost complete and negotiations have commenced nationally towards a Memorandum of Understanding involving ATSB and Australian coronial systems. This also has occurred under the auspices of the Council for the Heads of Australian Coronial Jurisdictions.

Bali Bombing In the aftermath of this disaster I assumed the responsibility on behalf of Australian coronial services for advising, liaising and co-ordinating the coroners response. This involved extensive contact with coroners, Federal, State and Territory police forces (in particular the AFP) and various officers of the Department of Foreign Affairs and Trade. This unfortunate incident has raised novel issues where a large scale disaster or incident occurs overseas involving Australian residents

248 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Chief Coroner of the ACT

The Council for the Heads of Australian Coronial Jurisdictions has recommended to Federal, State and Territory authorities a fresh legislative/bureaucratic response to such tragedies in the future

Coronial Support Service (CSS) More resources could be productively utilized to expand the operation of this service. The need is obvious and pressing. I am exploring the possibility of additional resources from the private sector being available to supplement the scarces resources we have in this area. I thank Annie Didcott for her stirling efforts on behalf of coronial clients.

Coronial Training and Development The Council for the Heads of Australian Coronial Jurisdictions meets twice yearly and has been endeavouring nationally to raise the profile and role of the coronial service in the various jurisdictions. To that end the Council has fostered the growth of the Australasian Coroners Society in this professional development role. I am an Executive member of the Australasian Coroners Society and Magistrate P.G.Dingwall is Secretary. The Society is holding its next conference in Christchurch in New Zealand early October 2003. The Council and the Society have also worked with Victoria University to develop coronial training courses. As a result of this initiative the First National Coroners Training Course was held at Victoria University in Melbourne at the end of May 2003. Coroners Doogan and Thompson attended and I was a member of faculty for the course. This is the first time such specialist coroners training has occurred and it was generally accepted as an undoubted success. I am confident that such ventures will continue in 2004. I express my appreciation to all of my fellow coroners in particular Coroner Thompson who has carried the majority of the general workload in this jurisdiction. I am pleased to report that on the basis of productivity commission indicators, particularly in routine matters, we are the most timely and efficient coronial system in the country. Again this year, the administrative support for ACT coronial service has been carried by Michell Heidtmann working closely with Sergeant Bruce Brown and Detective Senior Constable Rick McQualter. Their efforts are appreciated.

RJ Cahill Chief Coroner

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 249 annexed reports Chief Coroner of the ACT

STATISTICS

DEATHS REPORTED TO THE CORONER

INQUESTS HELD/DISPENSED WITH 311 INQUESTS FINALISED: 86 SUBJECT MATTER OF INQUESTS: Accidental 2 Aircraft Accident 4 Drowning 3 Fall 5 Murder/Manslaughter 1 MVA ACT 8 MVA NSW (incident ACT)* 1 Hospital/Natural Cause 11 Open 1 Overdose 17 Poisoning – Accidental 1 Suicide 30 Suicide NSW (incident ACT)* 1 Undetermined 1 *these matters were referred to ACT Coroner by NSW Coroners

INQUESTS DISPENSED WITH: 225 SUBJECT MATTER OF INQUESTS DISPENSED WITH: Natural Causes 208 SIDS 1 Accidental 1 Fall 1 MVA/Charges 3 Inquests held/Dispensed with in N.S.W.** Accidental 1 Motor Vehicle Accident NSW 6 Suicide NSW 1 Charges 1 Natural cause 1 *these matters were referred to NSW Coroners where incident occurred

FIRES REPORTED TO CORONER 1255 FIRE INQUIRIES 2

250 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Children’s Court

ANNUAL REPORT 2002 – 2003 annexed reports Children’s Court 2002–2003

Children’s Court 2002–2003 Consistent with the intention of the Legislative Assembly, as expressed in section 50 of the Children and Young Peoples Act 1994, that a dedicated Childrens Court Magistrate was desirable in the best interests of children and young people I agreed to a further designation as the Childrens Court Magistrate for a further period of 12 months commencing March 2003 and expiring 29 February 2004. By the expiration of my present designation I will have held the designation of Childrens Court Magistrate for a period of two years. This year has seen considerable challenges for the Childrens Court generally and for myself in particular. The case management system I introduced in criminal matters has continued to function effectively resulting in savings of court time and services, and in community resources such as police resources. The system of requiring plea and mention matters to be listed on Mondays and Fridays only has worked well to ensure that Tuesdays, Wednesdays and Thursdays are left available for criminal hearings and defended care proceedings. This ensures a continuity in such proceedings that was not previously available. Whilst it is rare for a defended criminal matter to be allocated more than one days hearing time, it is not unusual for a defended care matter to be allocated two or more days of hearing time. It will frequently be necessary to prepare a decision, either to be delivered in writing or orally, which is quite time consuming. A case in point was the matter of Chief Executive and KM and XM which occupied four days of hearing time in October 2002 resulting in a lengthy written. That case is a good example of the complexity and sensitivity of the work undertaken in the Childrens Court. KM and XM were twins born to JM, who was at the time of birth only 16 years old herself. The Chief Executive alleged that JM was deliberately interfering with the breathing of XM so that she could present him to the medical authorities for treatment claiming he had spontaneously ceased breathing. It was said that JM suffered from a factitious disorder described as Munchausen Syndrome by Proxy, which presumably lead to her receiving some emotional or psychological gratification from the subsequent attention XM received. The case was vigorously defended with members of the bar being briefed to appear by both the Chief Executive and JM. Evidence was given by highly qualified and experienced medical witnesses including the staff specialist at the Sleep Unit, the Childrens Hospital, Westmead, a professor of Paediatric Neurology at the Childrens Hospital Westmead, other medical consultants and paediatricians, psychiatrists and psychologists. The issues in the proceedings were literally life and death ones which fell to be determined against a background of the undesirability of removing children who were only twelve months of age from the care of their mother.

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In the criminal jurisdiction of the court a number of charges arising out of the bushfire emergency in January 2003 were heard resulting in a number of committals to Quamby. These offenders were mainly disturbed young people who require intensive intervention but who also presenting a risk to the community. A matter of considerable concern to me over the last twelve months has been the number of children in the age range of 10 to 14 years appearing before the court charged with serious criminal offences. At one time it was almost unheard of for children so young to be before the court but regrettably it is becoming more common. These young offenders present real challenges due to the necessity to balance the interests of the community in being protected from people likely to re-offend against the obvious undesirability of holding people so young in custody. The office of Childrens Court Magistrate also carries with it many added responsibilities. In the last twelve months I have provided a written submission to the Standing Committee on Community Services and Social Equity of the Legislative Assembly of the Australian Capital Territory in its inquiry into the rights, interests and well being of young people. After negotiations with the Committee I agreed to give evidence before the Committee on matters of interest to the Committee. Additionally I have been involved in meetings arising out of a government review of the provisions of the Children and Young People Act and have responded to submissions made by agencies such as the Office of the Community Advocate. As the designated Childrens Court Magistrate I am also a member of the Council of Youth Courts, formerly the Standing Committee of Australian and New Zealand Youth Courts which meets annually to discuss developments in the different constituent jurisdictions with a view to improving outcomes for children and young people in both criminal and care matters. The Council is comprised of the heads of youth courts in all Australian States and Territories, New Zealand and Fiji. I currently hold the office or Chairperson of the Council, which will next meet in Canberra in 2004.

John Burns Childrens Court Magistrate

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 253 254 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Commissioner for Land & Planning

ANNUAL REPORT 2002 – 2003 annexed reports Commissioner for Land & Planning

Introduction The role of Commissioner arose from the Government’s response to the 1995 Stein Report into the Administration of ACT Leasehold, which identified a conflict of interest between the Government’s roles as decision maker and development facilitator. The objective was to separate decision making on contentious development applications from the ongoing administration of the planning and lease management system. The Commissioner’s role was to be a “strong, statutory, independent decision maker...to ensure the highest levels of integrity in decision making”. With the promulgation of the Planning and Land Act 2002 on 1 July 2003, the Commissioner’s role ceased and the ACT Planning and Land Authority came into being. This is, therefore, my final annual report as Commissioner for Land and Planning.

Main Functions Broadly, I dealt with development applications to erect a building or vary a Crown lease (other than for single dwellings), which: • were publicly notified and attracted objections by the public; • were subject to Assessment under Part 4 of the Land Act; • may be perceived as having a conflict of interest if the decision was to be made within Planning and Land Management Group of the Department of Urban Services (“PALM”); or • where the Heritage Council or the Conservator of Fauna and Flora do not agree to approval of the application.

Procedures Prior to 1 July 2003, Planning and Land Management, Department of Urban Services, (“PALM”), administered the processing of all development applications under the Land Act on behalf of the Minister for Planning. Relevant applications were referred to my office at the completion of public notification with a recommendation from PALM. This system enabled my office to operate with limited resources and without duplicating PALM’s role.

Staffing At 30 June 2003 my office comprised the Commissioner (part-time) and the positions of Principal Planning Adviser, Principal Leasehold Adviser, assessment adviser and an administrative officer (part-time), comprising two females and three males. This level of staffing has remained constant for the last five years.

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Performance Table 1 provides some statistics on my decisions over the past three years. The number of development applications determined in 2002-03 increased by 28 or 21.7% over the previous year. There was also a steady increase in applications for amendments to approvals over the three years. The proportion of dual-occupancy applications increased to 48%, again showing a steady increase over previous years. Whilst the number of appeals made against my decisions equalled the previous year’s 37, the proportion of the total development applications fell from 28.7% to 23.6%. I also note the significant decrease in “changed” PALM recommendations which hopefully reflected the growth of communication and understanding between the two offices.

Table 1 2000/2001 2001/2002 2002/2003

No. of development applications determined 127 129 157 No. of development applications approved 110 114 150 No. of development applications refused 17 15 7 No. of Amendment decisions determined 64 85 94 No. of Change of Use Charge decisions 11 5 0 Total No. of applications determined 202 219 251

No. of PALM recommendations confirmed 114 116 152 and where conditions were changed or added No. of PALM recommendations where an alternate 13 13 5 decision was made No. of appeals to the AAT against the 25 37 37 Commissioner’s decision No. of applications “called in” by the 6 2 n/a Minister for Urban Services No. of applications “called in” by the 2 1 Minister for Planning Percentage of development applications 36% 42% 48% for dual occupancy development

Closing Remarks Finally I would like to express my personal thanks to the people of Canberra for their assistance (and forbearance), to me during the six rewarding years I was privileged to serve as the Commissioner for Land and Planning.

John McInerney Commissioner

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 257 258 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Credit Tribunal

ANNUAL REPORT 2002 – 2003 annexed reports Credit Tribunal

Australian Capital Territory Credit Tribunal The Australian Capital Territory Credit Tribunal hears and determines disputes about credit contracts between borrowers and financial institutions such as banks, building societies and other finance providers. Contracts may involve mortgages over homes or goods such as cars, caravans or boats, personal loans, or continuing credit contracts such as credit cards. The Credit Act 1985, the Consumer Credit (ACT) Code 1996, and the Consumer Credit Act 1995 and the Consumer Credit (Administration) Act 1996 provides the Credit Tribunal with significant powers, including power to: a. Re-open unjust transactions which can result in the restructuring, variation or setting aside of contracts and mortgages; b. Reduce / impose civil penalties; c. Authorise entry onto premises to repossess mortgaged goods; d. Postpone enforcement proceedings; e. Change terms of contracts as a result of hardship; f. Review unconscionable interest and other charges; g. Award compensation for contravention of a key or other requirement; h. Award damages to a debtor against both supplier and linked credit provider.

REPRESENTATION OF PARTIES Parties may appear personally or be represented by a professional advocate, which includes a legal practitioner.

PROCEDURES Generally, applications lodged by debtors/mortgagors/guarantors are scheduled for a Directions hearing approximately 2 weeks from date of lodgement. At the Directions Hearing the Registrar will consider the conduct of the application. Orders may be made in relation to any documentation that must be prepared, served and filed. Once all orders have been complied with, the matter would usually be scheduled for a Pre-hearing Conference/Mediation/Compulsory Conference. If the matter remains unresolved, it would then be adjourned for further Directions Hearing before the Chairperson of the Tribunal.

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Cases of Interest. One of the four matters settled during the past year involved the ANZ Bank and various debtors. The Commissioner of Fair Trading was an intervening party. Between the years of 1985 and 1996, the bank entered into about 360,000 personal loan contracts throughout Australia, of which approximately 70% were affected by breaches of the relevant credit legislation. Many of the breaches occurred pursuant to sections 85 and 86 of the ACT Credit Act 1985 and were of a serious nature. They included a failure to disclose commission charges payable to the bank by insurers, failure to allow insurance rebates, failure to disclose the amount financed, failure to disclose fees and charges and disclosure of two different rates of APR (one of which was a flat rate). The national penalty imposed on the Bank was a fine of over $5,000,000.00, of which the ACT received $223,125.00. This amount, in accordance with statutory requirements, was paid into the Consumer Credit Fund.

MEMBERS OF THE CREDIT TRIBUNAL Chairperson Mr Michael Somes Deputy Chairs Mr R Cahill Mr M Peedom Ms M Doogan Ms K Fryar Ms L Campbell Mr S Madden Mr J Burns Mr P Dingwall

STAFF ATTACHED TO CREDIT TRIBUNAL Mr Alex Tandy –Senior Deputy Registrar Email Address: [email protected] Internet Address: www.courts.act.gov.au

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 261 annexed reports Credit Tribunal

LOCATION OF HEARINGS Hearings are held at the ACT Magistrates Court, Knowles Place, Canberra City, usually before the Chairperson.

HOW TO APPLY Application forms and procedural advice can be obtained by contacting the Credit Tribunal at the ACT Magistrates Court. Telephone number (02) 6217 4314 Facsimile number (02) 62174505

ENFORCEMENT OF ORDERS A person to whom payment is to be made under a monetary order may enforce the order by filing in the ACT Magistrates Court – a. a certified copy of the order; and b. affidavit as to non-compliance with the order.

STATISTICS 2000-2001: New Applications 0 Matters Finalised 4 Matters Outstanding 1 N.B. The Tribunal has not conducted any hearings during the past financial year. All except one matter was finalised by the consent of the parties. The other matter was withdrawn. Where the Commissioner of Fair Trading becomes involved, matters have settled by consent and in accordance with a decision of a similar Tribunal/Court in another jurisdiction. The only outstanding matter was originally filed in the year 2000. It is extremely complex and concerns an alleged breach of sections 85 and 86 the Credit Act 1985 by a finance company. It is hopeful the matter will be finalised before the end of the next financial year.

Mr Michael A Somes Chairperson July 2003

262 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Discrimination Tribunal

ANNUAL REPORT 2002 – 2003

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 263 annexed reports Discrimination Tribunal

The Discrimination Act 1991, is designed to eliminate discrimination on the ground of sex, marital status, age, race, religious or political conviction, impairment and other attributes. It seeks to promote equality, including equality of opportunity, of all men and women. It attempts to achieve those objectives by making unlawful certain forms of discrimination. To this end, the Discrimination Tribunal is established by virtue of Section 110A of the Discrimination Act 1991. The Tribunal is required to hear matters referred to it by the Discrimination Commissioner, or following a decision of the Commissioner to dismiss a complaint, the complainant may request the Commissioner to refer the matter to the Tribunal for hearing.

CONSTITUTION OF TRIBUNAL A President or an Acting President constitutes the Tribunal. The President shall be a Magistrate appointed by the Executive. The President holds office for a period not exceeding five years. The executive may also appoint a Magistrate to act as President during periods when the President is unavailable or the position is vacant.

REPRESENTATION Section 95(1) provides that a party is not entitled to representation at a hearing unless the Tribunal consents to such representation.

DECISIONS FOLLOWING HEARING When the Tribunal has completed a hearing, the Tribunal can make the following orders: - (a) dismiss the complaint if the Tribunal is satisfied that:- (i) the complaint is frivolous, vexatious or not made in good faith; or (ii) has not otherwise been substantiated; or (b) if satisfied that the respondent has engaged in unlawful conduct (i) make an order that the respondent not repeat or continue the unlawful conduct; (ii) order the respondent to perform any reasonable act to redress any loss or damage suffered by a person as a result of the unlawful conduct by the respondent; or (iii) order the respondent to pay to a person a specified amount by way of compensation for any loss or damage suffered by the person as a result of the unlawful conduct by the respondent.

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APPEALS FROM TRIBUNAL DECISIONS Appeals on decisions of the Tribunal following a hearing must be lodged with the Supreme Court within 28 days of the Tribunal’s notification of a decision under Section 102(5). If the appeal cannot be lodged within the 28 days prescribed, the appellant must seek leave of the Supreme Court to allow lodgment of the appeal. An appeal to the Supreme Court is based on a question of law from the decision made by the Tribunal. The Supreme Court on hearing the appeal can make the following orders:- (a) affirm or set aside the decision of the Tribunal; (b) remit the case back to the Tribunal to hear and determine the case again in accordance with directions by the Supreme Court; (c) make such other orders as the Supreme Court considers appropriate.

HEARINGS Hearings before the Tribunal are free. Parties to the proceedings before the Tribunal are to bear their own costs unless the Tribunal otherwise orders. Costs may be awarded in cases where the Tribunal determines the complaint is vexatious or frivolous. Complainants may seek reasonable costs in relation to the hearing of the complaint where the complaint has been established. Tribunal Membership

President: Mr Ron Cahill Acting Presidents: Mr Michael Somes Mr John D Burns Mr Peter Dingwall Ms Karen Fryar Mr Shane Madden Ms Beth Campbell Ms Maria Doogan Mr Michael Peedom LOCATION: ACT Magistrates Court GPO Box 370 Canberra City 2601 4 Knowles Place Telephone: 02 62174279 or CANBERRA CITY 2601 02 62174261 Facsimile: 02 62174504

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HEARINGS BEFORE THE TRIBUNAL Hearings before the Tribunal are in public unless otherwise ordered by the President. A party to proceedings may apply to the Tribunal for a hearing to take place in private. The Tribunal can, either at the request of a party, or of its own motion, order that proceedings be conducted in private. The past year has seen a slight increase in the number of new complaints lodged with the Tribunal. However, as in previous years, unrepresented clients continue to appear before the Tribunal, and this has caused some delays, as they usually require far more time to prepare their case. This has been one reason why the Tribunal has been unable to meet its goal of determining each case within 12 months. Callovers continue to be held on a monthly basis to monitor workloads and the status of cases. Parties in some cases have been unable to adhere to directions issued by the Tribunal, which has led to delays in finalising those matters. The Act provides no penalty for those who are in breach of directions. It is the view of the President that the Discrimination Act 1991 should be amended to amend the legislation in order to deal with parties who are non-compliant with directions. This would go some way towards reducing delays.

KEY OBJECTIVES • Attempt to determine all matters within twelve months of lodgement. • Ensure natural justice principles are adopted.

KEY ACHIEVEMENTS Of all the matters before the Tribunal, nine were closed during the year. Of those four were finalised within 12 months. The remaining matters took longer to settle for a variety of reasons. Again, lack of legal representation figured strongly as the Tribunal continued to take a lenient approach with unrepresented complainants. As at 30 June 2003 there are 23 matters outstanding, of these, 14 have been with the Tribunal for more than one year. Nine of these matters relate to two complainants. The above figures indicate the Tribunal has had some difficulty in reducing the number of outstanding matters. This is due primarily to parties being unrepresented. Of the 12 new matters, two were determined within 12 months. Of the matters closed within the reporting period, four were finalised within 12 months, one was finalised within 12 months to two years, and two took more than two years.

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A number of factors have caused delays in finalisation of matters and these include: • Natural justice principles requires that unrepresented complainants often require far more time to comprehend and understand the process involved. • Need for guidance and advice to unrepresented applicants • Parties seeking extensions to file and serve documents • Complexity of matter • Parties not adhering to timelines set down by Tribunal This is not an exhaustive list but does indicate why the performance standards have not been met. The coming year will continue to see a focus on improving case management procedures to expedite matters in accordance with performance indicators.

APPEALS One decision of the Tribunal has been appealed to the Supreme Court during the year.

STATISTICS

1 July 2002 – 30 JUNE 2003

CATEGORY OF NO OF COMPLAINTS STATUS DISCRIMINATION COMPLAINTS Pregnancy 1 Pending Profession 1 Pending Religious or political conviction 1 Pending Marital Status 1 Pending Impairment 8 2 Resolved, 6 Pending Includes 2 Interim orders applications (impairment) 2 Resolved TOTAL 12

Matters Outstanding 23 (9 matters relate to 2 complainants) (open cases)

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 267 268 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Essential Services Consumer Council

ANNUAL REPORT 2002 – 2003 annexed reports Essential Services Consumer Council

Australian Capital Territory Government

Mr Jon Stanhope MLA Chief Minister and Attorney-General ACT Legislative Assembly London Circuit CANBERRA ACT 2601

Dear Chief Minister

I present to you the Annual Report of the Essential Services Consumer Council for the period 1 July 2002 to 30 June 2003, as required by the Annual Reports (Government Agencies) Act 1995.

This Annual Report also includes the following information required by section 173 of the Utilities Act 2000: (a) the number of complaints received about each utility licensed under the Act; (b) the cost of handling complaints about each utility; (c) the number of complaints handled by each member of Council; and (d) systemic issues identified by the Council.

On 19 May 2003, Ms Annamaree Reisch resigned from membership of the Council as she had entered the employment of the Australian Public Service. The Council thanks Annamaree for her contribution to its work.

I also thank the other members and staff of the Council for the services and assistance they have provided during this second year of the Council's operations.

Yours sincerely

Peter Sutherland Chairperson 3 September 2003

Essential Services Consumer Council (established under Part 11 of the Utilities Act 2000)

Level 6, FAI House • 197 London, Canberra City ACT 2602 PO Box 578 • Civic Square ACT 2608 • Telephone (02) 6207 7740 • Facsimile (02) 6207 7739 ACT Government Homepage: www.act.gov.au

270 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Essential Services Consumer Council

Essential Services Consumer Council (established under Part 11 of the Utilities Act 2000)

ORGANISATIONAL PROFILE The Essential Services Consumer Council (the Council) is established under Part 11 of the Utilities Act 2000 (the Act). The Council commenced operations on 1 July 2001, taking over and expanding upon the functions of the former Essential Services Review Committee (the ESRC).

Functions Section 170 of the Act states that the Council’s functions are: (a) to facilitate the resolution of complaints; (b) to determine unresolved complaints under Part 12 of the Act; (c) to ensure, so far as practicable, that utility services continue to be provided to persons suffering financial hardship; (d) to protect the rights of customers and consumers under the Act; (e) to advise the Minister and the ICRC on any matter relating to the Council’s functions; (f ) to do anything incidental to any of its other functions. From this set of functions, Council has developed four broad activity streams: • managing client hardship cases to ensure continuity of utility supply (function (c)); • assisting in the resolution of issues and complaints raised by customers and consumers (function (a)); • adjudicating complaints by customers and consumers against utilities under Part 12 of the Act (function (b)); • addressing systemic issues and problems in the relationship between utilities and their customers/consumers, and proposing remedial courses of action to Government, the ICRC or the utilities (functions (a), (d) and (e)). These activities are undertaken by the Council collectively, or by a member or members of the Council nominated by the Chairperson. The staff of the Council provide administrative support for these activities.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 271 annexed reports Essential Services Consumer Council

The Council utilises a number of processes to undertake these functions/activity streams: Council Members’ Meetings: a meeting of all members of the Council to discuss policy, systemic issues, administrative issues and approaches to various types of complaints. Members’ Meetings are also an opportunity for member training and information provision.

Hardship Hearings: the Council hears hardship complaints and manages the financial circumstances of hardship clients through hearings conducted by a panel of three members, usually chaired by the Deputy Chairperson. All Council members participate in Hardship Hearings by rotation.

Complaint Hearings: the Council hears and adjudicates non-hardship complaints against a utility through hearings conducted by a panel of three members, usually chaired by the Chairperson. All Council members participate in Complaint Hearings by rotation and written Reasons for Decision are issued in most cases for the information of the parties and the general public.

Complainant-Only Hearings: in some cases, the Chairperson of the Council is able to form a preliminary view from the papers that a particular non-hardship complaint cannot be sustained. In such cases, the Council may hold a "Complainant-only" hearing, attended by the complainant and one or several members of Council but not by the utility party, to ensure that the complainant has an opportunity to articulate their complaint directly to the Council. If the oral presentation by the complainant raises doubts about the preliminary view, Council will proceed with a Complaint Hearing.

Special Hearings: the Chairperson may convene a Special Hearing of Council to consider systemic issues or matters of the Council’s jurisdiction and processes. A Special Hearing may also be used as a public consultation process on a systemic issue.

Conciliation Conferences: these are conducted by a single member of Council and are intended to facilitate early resolution of a complaint.

Assisting Resolution Processes: the staff of the Council, under the direction of the Chairperson, attempt to resolve issues, problems and complaints against utilities by a process of investigation of the facts and discussion with the parties. The Council does not call upon its compulsory powers under Part 12 of the Act when it is “Assisting Resolution”.

Complaints Processes: The staff of the Council, under the direction of the Chairperson, investigate complaints by consumers/customers against utilities licensed under the Act. Where a complaint cannot be resolved by preliminary discussions with the parties, elucidation of the facts of the case, and possibly a Conciliation Conference, the complaint is listed for a Complaint Hearing. The Council may use its powers of compulsion under Part 12 of the Act in the course of the complaints process and a Complaints Hearing.

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Council Membership

Section 174 of the Act provides that the Council consists of a Chairperson, a Deputy Chairperson and 1 or more other Members appointed by the Minister in writing. The Minister must ensure that, collectively, the members have qualifications or experience in the following fields: (a) assisting or working with people suffering financial hardship; (b) law; (c) business; (d) consumer affairs. The membership of the Council in 2002-03 is set out in the following table.

Members Appointed Term Ends Qualifications and Experience

Chairperson Peter Sutherland 1 July 2001 30 June 2004 Lawyer and legal consultant Director, SoftLaw Community Projects Ltd Deputy Chairperson Patricia McDonald 1 July 2001 30 June 2004 Community Development Worker, Y. W.C.A. of Canberra Inc Members Annamaree Reisch 1 July 2001 19 May 2003 ACT Community member with (Resigned) extensive experience in management of a disability service, general & community/mental health nursing, aged care and community services Bill Pearcy 1 July 2001 30 June 2004 Semi-retired Previously Principal of Community Services Consulting Maurice Sexton 1 July 2001 30 June 2004 Retired senior public servant with health and community services and industrial relations experience Trish Walsh 1 July 2001 30 June 2004 In private practice, providing counselling, supervision and training of clients in both the private and community sectors Previously Senior Financial Counsellor, CARE Inc Financial Counselling Service

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 273 annexed reports Essential Services Consumer Council

Council Meetings and Hearings The Council as a whole meets in Members’ Meetings at intervals of approximately 6 weeks. These meetings are a forum for policy development, discussion of individual complaints and trends in complaints, administrative issues and member training. Members of Council also participate in hearings of Hardship Complaints (prevention of disconnection) and Non-Hardship Complaints against utilities (breach of customer contract, disturbance caused by network operations, etc). Hardship Complaints are usually heard by a panel of 2 or 3 members chaired by the Deputy Chairperson. Non-Hardship Complaints are investigated by staff at the direction of the Chairperson and, if a Hearing is required, a panel of members chaired by the Chairperson is convened to conduct the Hearing. Under s 173(c) of the Act, Council is required to report on “the number of complaints handled by each member”. This information is reported in the table below.

Number of Complaints Handled by Each Member 2002-03

Hardship Complaints Total Electricity Gas Water Peter Sutherland (Chairperson) 578 372 151 55 Trish McDonald (Deputy Chairperson) 1981 1366 436 179 Maurice Sexton 180 119 40 21 Bill Pearcy 1076 761 225 90 Trish Walsh 802 696 9 97 Annamaree Reisch (resigned 19/5/03) 804 560 171 73

Non-Hardship Complaints Total Electricity Gas Water Peter Sutherland (Chairperson) 40 20 11 9 Trish McDonald (Deputy Chairperson) 1 1 0 0 Maurice Sexton 2 2 0 0 Bill Pearcy 2 2 0 0 Trish Walsh 5 4 0 1 Annamaree Reisch (resigned 19/5/03) 2 2 0 0

274 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Essential Services Consumer Council

HARDSHIP COMPLAINTS The number of new Hardship complaints to Council in 2002-03 increased by 47% over those received in 2001-02. The increase started with a 93% increase in October 2002 and continued at that higher level for the remainder of 2002-03. Council has not been able to establish any one single cause that may have contributed to this increase, which has encompassed mainly new, rather than repeat, clients from across the Councils entire Hardship client base. The increase in workload particularly impacted on Council staff and saw an additional part-time office assistant employed in April 2003 for an initial three-month period. Some administrative changes were also implemented in order to keep delays in clients' meeting with Council to a minimum. These changes included the introduction of some two- member hearings to allow for additional hearings to be held while keeping expenditure levels stable. These measures have been effective and will continue.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 275 annexed reports Essential Services Consumer Council

The Council's Hardship Complaint workload in 2002-03 is set out in the following table.

Hardship Complaints 2002-03 2001-02* Complaints at 30 June 1082 815 Clients at 30 June 920 692 NEW COMPLAINTS Electricity 615 418 Gas 233 137 Water & Sewerage 69 44

TOTAL - New Complaints 917 599 TOTAL - Clients 739 510

COMPLAINTS HEARD Type of Hearing Initial Hearings 855 586 Review Hearings 730 537

TOTAL - Number of Hearings 1585 1123

Type of Complaint Heard Electricity Only 987 822 Gas Only 142 86 Water/Sewerage Only 31 44 Electricity & Gas 250 119 Electricity & Water/Sewerage 108 69 Gas & Water/Sewerage 0 0 Electricity, Gas & Water/Sewerage 50 17 Total Electricity 1395 1027 Total Gas 442 222 Total Water/Sewerage 189 130

TOTAL - Complaints Heard 2026 1379

COMPLETIONS Post Hearing Resolution – Conditions Met 243 181 Post Hearing Revocation – Conditions Not Met 126 117 Post Hearing Revocation – Complaint Abandoned 48 48 At Hearing Dismissal – Information Not Provided 75 59 At Hearing Dismissal – Hearing Not Attended 85 99 At Hearing Dismissal – Other 15 9 Pre/Post Hearing Withdrawal – By Complainant 58 31

TOTAL – Complaint Completions 650 544 TOTAL – Client Completions 511 510

* Figures in the 2001-02 Annual Report use a different basis for recording multiple complaints

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Home Visits The Council undertook more home visits during 2002-03 than in the previous year. A home visit is offered to clients who have mobility issues, either physical, psychological, age related or if required by other circumstances. During 2002-03, a total of 10 home visits were made. Typically the Deputy Chairperson and a staff member (usually the Registrar) undertake these visits.

Home Visit Case Study - Compensation Case Pending Ms L contacted the Council in October 2002 after receiving a Disconnection Warning Notice in relation to her electricity account of $410. Ms L lives in private rental accommodation and receives a Disability Support Pension. She has a physical disability which restricts her mobility and has been exacerbated by an incident that has left her with a number of stress related issues. This incident is the subject of legal proceedings and Ms L expects to receive a significant compensation payment. Due to Ms L’s condition the Deputy Chairperson and the Case Manager visited her home to discuss her situation.. Ms L has very limited financial resources and often relies on welfare agencies for food. The Council directed that Ms L’s electricity be maintained pending the outcome of her compensation case, which is expected to be finalised by late 2003. The Deputy Chairperson and Registrar keep in touch with Ms L and have visited her at home a second time to review her situation.

Home Visit Case Study - Limited Mobility ActewAGL referred Mr W to the Council in April 2003 with an outstanding gas account of $350. Mr W had been making regular payments on his account, however, due to a series of hospitalisations, he had fallen behind and was unable to increase his payment to the level required by ActewAGL to avoid disconnection. Mr W explained that he was not very mobile and the Deputy Chairperson and Registrar visited him in his home the following week to discuss his situation. Mr W advised that he could manage a small increase in his payments and the Council directed ActewAGL to maintain his electricity if Mr W did this. Mr W has been making these payments using his bank’s phone banking bill pay service and his gas debit is slowly being reduced.

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Home Visit Case Study - No Interim Direction Ms T contacted the Council’s office in November 2002 after her electricity had been disconnected. Ms T had previously made a Hardship complaint to the Council in July 2001 and a Direction to maintain supply was made on condition that $50 per fortnight was paid on the account. Ms T authorised a CentrePay deduction from her Centrelink pension for this, however the payments ceased in August 2002. The Council was unable to contact Ms T to review her situation and the Direction was revoked in September 2002. Under these circumstances, when Ms T contacted the Council in November 2002, the Council staff were unable to issue an Interim Direction to restore Ms T’s electricity without the Council’s approval. Ms T has a small child. As the Deputy Chairperson and Registrar were at a meeting nearby Ms T’s home, they called in to see her that morning. Ms T explained that she had experienced difficulties with her Centrelink benefit which were now resolved. She apologised for not making contact with the Council to explain this and was happy to complete a new Centrelink deduction authority. A new Direction to restore and maintain Ms T’s electricity was issued and the payment condition is now being meet. Ms T is also making regular contact with Council staff.

The Canberra Bushfires – 18 January 2003 Seventeen clients and two Council members lived in the areas affected by the bushfires of 18 January 2003. On Monday 20 January, the Council suspended all payments for clients in those areas for two weeks to allow each client’s situation to be assessed and the Chairperson drove past each of the properties in Weston Creek to identify which properties had been directly damaged or destroyed by fire. Of the 17 clients, four had their homes destroyed and another three homes suffered varying degrees of damage. Both Council members were (relatively) unaffected. Over the following four months, Council met with each client and made a number of orders discharging utility debt. To date, there have been no new hardship complaints identified as resulting directly from the bushfires. At its meeting on 4 February 2003, Council noted the effective work of ActewAGL and work teams from other utilities in restoring the electricity and gas networks. Council forwarded a letter to the CEO of ActewAGL commending this work.

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Bushfire Case Study - House Destroyed For some time Mr & Ms O had been electricity hardship clients of the Council and had been making regular payments that only just covered their usage. Their home was destroyed in the fire. They lived in an ACT Housing property, had been struggling financially for some time, and had no contents insurance. They were quickly relocated by ACT Housing and received assistance from the ACT Bushfire Recovery Centre, however, when they met with Council in April to review their situation, it became apparent that the impact of the fire had greatly increased their financial difficulties. In recognition of this, Council directed a Discharge of $700 from Mr & Ms O’s electricity debt.

Bushfire Case Study – House Damaged Ms J, also a Hardship client of the Council for some time, is a sole parent with three young children. She owns her home, which sustained minor structural damage and substantial damage to the gardens, sheds and carport. When Ms J met with the Council, her financial situation had been greatly impacted by fire-related matters. Council directed a Discharge of $400 from her electricity account.

Discharge of Customer Debt Under s 208 of the Act, the Council has power to discharge customer debt in relation to residential premises if it is satisfied that payment of the debt would cause substantial hardship for a customer. Where the Council discharges a debt under this section, the relevant utility is reimbursed by the Territory for the amount of the discharged debt. The former ESRC also had power to discharge electricity and water debts, however the amount discharged was written off by Actew Corporation. The amounts discharged by the Council (and the ESRC) are set out in the following table.

Debts Discharged 2002-03* 2001-02 2000-01 1999-2000

Electricity $7,693.21 $14,406.15 $26,693.62 $32,483.52 Gas $930.00 $1,300.00 N/A N/A Water $150.00 $134.40 $867.02 $4,764.33 TOTAL AMOUNT $8,773.21 $15,840.55 $27,560.64 $37,247.85 Debts Discharged 64 17 44 67

* Includes discharges under the Incentive Discharge Scheme, the WEST Pilot and Non-Hardship Complaints.

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The basis for discharge under the hardship provisions of the Act is discussed in a number of Reasons for Decision issued by Council; see Appendix A.

Discharge under the WEST Pilot In March 2003, the Council joined the Consumer Law Centre, Environment ACT and ActewAGL as partners in the Water and Energy Savings Trial (WEST) - a pilot project looking at ways in which low income households may be able to reduce the amount of electricity, water or electricity which they use. The WEST partners are contributing funds for household energy efficiency improvements, debt discharge, and administrative support to the trial which will be evaluated early in 2004 with a view to effecting a systemic approach to the problem of high energy and water use in some low-income households in the ACT. In 2002-03, Council discharged an amount of $100 for each WEST participant who had participated in the trial up to the stage of completion of a home energy audit. This discharge was an amount of $1,300 for electricity debt and $100 for water/sewerage debt. Further discharges are expected to be made by Council (and by WEST partner ActewAGL) in the final stages of the WEST Pilot.

Incentive Discharge Scheme In December 2002, the Council approved an Incentive Discharge Scheme which is intended to encourage long-term clients of the Council to free themselves from utility debt by matching their debt reduction efforts with debt discharge by the Council under s 208 of the Act. The Incentive Scheme operates in accordance with Criteria approved by Council; these are set out in Appendix B to this Annual Report. The Incentive Discharge Scheme was prompted by similar, successful initiatives by utilities in Sydney and Melbourne, but has a somewhat different operational methodology because of the unique features of the ACT statutory utility hardship provisions. Clients are invited to access the Scheme once their utility payment record has been stable for at least 6 months and participation is entirely voluntary for the client. The incentive works by the Council giving a matching dollar-for-dollar discharge (in arrears) for all amounts paid by the customer above their estimated utility consumption in a three month period. The Council sees two important benefits in the Scheme: it gives a positive encouragement to clients to reduce their utility debt and a real hope of becoming debt-free within a foreseeable period; and it encourages reduction in utility consumption to maximise the amount of debt discharge offered by the Council. The first discharge under the Scheme was made on 25 March 2003, three months after commencement of the Scheme. While the amount of debt discharged was very small in

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2002-03, it is anticipated that the amount discharged in 2003-04 will be significantly higher, perhaps in the range of $10,000 - $20,000. This is likely to have a significant effect on levels of indebtedness of our clients and the time period during which they remain as clients of the Council under protection from disconnection. The amounts discharged under the Incentive Discharge Scheme in 2002-03, and other data on the Scheme, are reported in the table below.

Incentive Discharge Scheme 2002-03

Amounts Discharged Incentive Discharge - Electricity $402.00 Incentive Discharge - Gas $30.00 Incentive Discharge - Water & Sewerage $50.00 TOTAL - Incentive Discharge $482.00 Arrangements and Clients Electricity 24 Gas 6 Water 3 TOTAL – Incentive Discharge Arrangements 33 TOTAL - Number of Clients 28 Debt and Discharge Information Total Debt When Entering Incentive Scheme $44,552.00 Total Amount Discharged $482.00 Average Discharge Amount $43.82 Median Discharge Amount $40.00

Incentive Discharge Case Study Ms S is a single parent who lives in an ACT Housing unit and whose income is solely from Centrelink. She has a large electricity debt that has built up over a number of years due to both her financial and domestic situations. Ms S has been a client of the Council for two years and has been meeting the payment conditions set by Council via a Centrelink deduction. Due to her financial situation and the size of her original debt, unless Ms S’s circumstances substantially improve, it will take her many years to repay the original debt. Ms S has made considerable efforts to improve her ability to repay her debt, including reducing her electricity consumption and, after repayment of another small debt, making a small increase in her electricity payments. In recognition of Ms S’s situation and her willingness to repay her electricity debt, Ms S has been included in the Council’s Incentive Discharge Scheme. Ms S has already had two Incentive Discharges, one for $90 and the second for $105.

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Incentive Discharge Case Study - Redirecting Payment When Another Debt is Repaid Ms T has been a client of the Council for a number of years, originally for her very large electricity account and then adding her smaller gas account 18 months ago. Ms T is making regular payments on both accounts and recently repaid her gas debt. At that time, Ms T was able to reduce her gas payment to cover her on-going consumption only and she offered to increase her electricity payment by the same amount. However, due to the size of the electricity debt it will still take a number of years to complete repayments. The Council placed Ms T in the Incentive Discharge Scheme and will direct a Discharge of debt every three months of an amount equal to the amount Ms T has redirected from her gas debt repayment to her electricity account.

Hardship Systemic Issues In 2002-2003, the Council identified, and worked on addressing, a number of systemic issues in relation to its Hardship jurisdiction; these included:

ActewAGL Gas Direct Debit Arrangements During the year, the Registrar brought to the Council’s attention a number of problems with both processing of Direct Debit applications and on-going Direct Debit arrangements for ActewAGL gas customers. These included the inability to set up an arrangement in person, gas Direct Debit requests not being processed if the application form also included electricity and/or water, and the automatic re-setting of the Direct Debit amount annually for customers who are under the Council’s protection. These issues were raised at different times with ActewAGL and have resulted in improvements in their processes which the Council will continue to monitor.

Case Study – Automatic Payment Increase Mr D has been a Hardship client since August 2002 in relation to his ActewAGL gas account. He is making regular payments by Direct Debit of an amount directed by the Council. Mr D contacted Council staff in early June 2003 to advise that ActewAGL had increased the amount they were debiting his bank account. The Registrar contacted ActewAGL and was advised that Mr D’s account had been included in their automated annual review of Direct Debit payment amounts. ActewAGL advised that Mr D had received notification of the impending increase, however they recognised that, as Mr D is under a Council direction, this should never have happened. ActewAGL credited Mr D’s gas account with a “Courtesy Allowance” of $60 and sent him a letter of apology. They acknowledged that Mr D’s situation had highlighted a problem with their IT and put in place a manual intervention program to prevent any future occurrences of this nature.

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Multiple Direct Debit Payment Rejections During the first half of the year, Council noted a number of instances where multiple consecutive Direct Debit payment rejections occurred on ActewAGL electricity and water/sewerage accounts. ActewAGL’s advertised policy is to cancel a Direct Debit arrangement after two consecutive rejects. When the Council brought this situation to ActewAGL’s attention, they investigated and found an IT error that was immediately rectified. ActewAGL offered to re-credit to the customers' accounts any of their fees that related to the multiple rejections and, if presented with evidence in the form of a bank statement, to refund to the customer any fees charged by their financial institution in relation to those rejections.

Case Study: Multiple Direct Debit Rejections Mr N has been an electricity Hardship client of the Council for some time and had a direct debit arrangement in place to meet his payment conditions. This arrangement worked well until July 2002 when ten consecutive direct debits were rejected by Mr N’s bank. When the Council brought Mr N’s situation to ActewAGL’s attention they immediately cancelled his direct debit arrangement and re-credited his electricity account with the account fees incurred in relation to 8 of the 10 rejections – a total of $82.50. Mr N chose not to pursue a refund of his bank fees. Mr N then changed his payment to a CentrePay deduction from his Centrelink entitlement; this arrangement has been working well since then.

Hardship Client Profile Data During 2002-03, Council agreed to collate client profile data to give Council an objective basis for determining the social and economic profile of its Hardship clients. Data was available from the Hardship Complaint Forms completed by clients, but this data collection was not supported by the Council's existing IT. In order to process the data in a timely and inexpensive manner, Council arranged for the construction of a small Access database, with client data inputted on a non-identifying basis. For resource reasons, data input was limited to new Hardship Complaints made to Council during the first Quarter of its operations (Q3-2001: 1 July - 30 September 2001) and during the first Quarter in 2003 (Q1-2003: 1 January - 31 March 2003). Data obtained from the Complaint Forms and the client files maintained by the Council's Registry included client family information (Gender, Family Type, Income Source, Centrelink Benefit Type, etc), client housing information (Housing Type, Ownership Type, Length of Tenure), client debt levels and payment information. The data showed a reasonably consistent pattern between the two Quarters with changes in the client profile generally

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attributable to a significant increase in client numbers between July 2001 and March 2003, and the adoption of new Hardship Complaint Forms (with more data collection) in late 2001. An analysis of the data does not provide any significant insight into the reason for the sharp escalation in the number of Hardship clients which commenced early in 2002-03. As expected, the data showed that a significant proportion of the Council's Hardship clients are sole parents who live in Government housing and are reliant on a Centrelink benefit. Other significant client groups are single people reliant on a Centrelink benefit and low income families affected by unemployment. Set out below is three sample sets of the data: Ownership Type, Family Type and Income Source, comparing numbers of clients and percentages for Quarter 3, 2001 with Quarter 1, 2003. The full data set is available from the Registrar upon request.

Ownership Type Q3-2001 Q1-2003

Community Housing 0 0% 9 6% Government Rental 23 43% 69 47% Home Owner 6 11% 23 16% Private Rental 14 26% 27 18% Not Known 10 19% 21 14% TOTAL 53 149

Family Type Q3-2001 Q1-2003

Couple 2 4% 8 5% Couple with Children 9 17% 29 20% Group House 5 9% 3 2% Lone Person 4 8% 29 20% Sole Parent 19 36% 49 33% Other 2 4% 9 6% Not Known 12 23% 22 15%

Income Source Q3-2001 Q1-2003

Centrelink 31 58% 85 58% Employed 9 17% 37 25% No Income 0 0% 2 1% Other Income 0 0% 1 1% Self-Employed 0 0% 3 2% Not Known 13 25% 21 14%

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NON-HARDSHIP COMPLAINTS During 2002-2003, the Council received a total of 35 non-hardship complaints, covering quite a wide range of issues, including high billing, faulty meters, and disconnection of supply in contravention of the Consumer Protection Code. For reasons discussed in the Council's Annual Report 2001-02, the Council was not often required during 2002-03 to use formal Complaint Hearing processes as the majority of complaints could be resolved by an "Assisting Resolution" process described later in this Report. In 2003, the Council received its first complaints against utilities other than ActewAGL. Both complaints related to contestable electricity supply contracts and were of a complex nature. One complaint, which is still current, involves an amount in excess of $100,000, which means that the Council is unlikely to be able to make a final Direction in relation to the complaint because of the jurisdictional limit of $10,000 in s 209 of the Act. The Council does, however, have power to accept the complaint for investigation, to make Interim Directions under s 192 to preserve the status quo between the parties while investigation of the complaint is in progress, and to assist the parties to reach a commercial settlement, thereby avoiding the cost of an action in the Supreme Court. The Council's Non-Hardship Complaint workload in 2002-2003 is set out in the following table.

NON-HARDSHIP COMPLAINTS 2002-03 2001-02 Complaints at 30 June 13 12 Clients at 30 June 912 New Complaints

Electricity 20 25 Gas 11 14 Water & Sewerage 9 9 TOTAL - New Complaints 40 48 TOTAL - Clients 35 48

Service Type Retail Operations 31 33 Network Operations 9 15

Complaint Type Customer Contract 30 32 Privacy 1 0 Network - Operations 8 13 Network - Authorised Person 0 1 Capital Contribution Charge 1 2

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NON-HARDSHIP COMPLAINTS 2002-03 2001-02 Hearings

Electricity 6 4 Gas 1 3 Water & Sewerage 2 1 Jurisdiction 0 1 TOTAL - Non-Hardship Hearings 9 9

Completions At Hearing Decision – Upheld 0 5 At Hearing Decision – Not Upheld 4 3 At Hearing Completion – Resolved 1 0 Pre-Hearing Completion – Consent Agreement 0 6 Pre-Hearing Completion – Assisted Resolution 23 10 Pre-Hearing Dismissal – Withdrawn 3 4 Pre-Hearing Dismissal – Abandoned 0 5 Pre-Hearing Dismissal – Appropriate to Do So 5 0 Dismissal – Outside Jurisdiction 3 3 TOTAL - Completions 39 36 TOTAL - Clients 38 35

Compensation for Loss or Damage Under s 209 of the Act, the Council may direct a utility to pay an amount of money to a customer or a consumer who has suffered loss or damage as a result of a contravention by the utility. The amount awarded in compensation under s 209 must not exceed $10,000 and must not be of a punitive character. In 2002-2003, the Council did not make any binding compensation orders under s 209, however it did order that various amounts relating to disconnection fees, reconnection fees, late payment fees and interest be recredited to customers' accounts in a number of non-hardship matters. The Council also recommended that ActewAGL pay compensation of $750 in relation to one electricity complaint where Council felt that compensation was justified but the Act did not give the Council jurisdiction to make a binding order for compensation. This recommendation was accepted by the utility.

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NON-HARDSHIP COMPLAINTS 2002-03 2001-02 Compensation Awarded - s 209 Electricity $0.00 $254.77 Gas $0.00 $95.40 Water/Sewerage $0.00 $0.00 TOTAL - Compensation Awarded $0.00 $350.17

Compensation Recommended Electricity $750.00 $0.00 Gas $0.00 $530.00 Water/Sewerage $0.00 $0.00 TOTAL - Compensation Recommended $750.00 $530.00

Discharge of Customer Debt – s 208 Electricity $54.00 $0.00 Gas $0.00 $0.00 Water/Sewerage $0.00 $0.00 TOTAL - Amount Discharged $54.00 $0.00

Case Study - Disputed Electricity Accounts Mr & Ms F approached the Council to complain about the amounts charged for their previous two electricity accounts. Both accounts were well in excess of the amounts charged for the same quarters in the previous year. They stated that their usage had not changed from the previous year and considered that their meter must be faulty. They had taken the matter to ActewAGL but had not been able to reach a satisfactory outcome. They felt it was ActewAGL’s word against their’s. They wanted an independent complaints process to look into their complaint. The Council noted the details of the complainants’ concerns, obtained copies of records concerning the F’s electricity account, including billing records for the relevant period, notes taken regarding Mr & Ms F’s complaint and ActewAGL’s responses. It was clear that the account had been higher in the most recent two quarters. It was also clear that the meter had been tested and found to be in proper working order. Therefore there was no case for ActewAGL to answer, but there still remained the unexplained spike in the two quarters’ usage. The Council invited Mr & Ms F to come in to discuss the matter in detail to be sure that the Council had all of the facts at its disposal (a "Complainant-only Hearing").

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During this meeting it was revealed that the F’s hot water system had been leaking. The F’s could not say how long this had been the case but said that there was a large damp area where the leaking outlet pipe drained onto the ground. They had had the water heater replaced with a new system towards the end of the billing cycle of the second quarter in dispute. Mr & Ms F and the Council agreed to wait and see if the F’s accounts returned to usage levels comparable to previous quarters now that the hot water system had been replaced. If this did occur, the sudden increase in usage was more than likely due to the malfunctioning of the hot water system. The usage did return to normal in the next quarter. Mr & Ms F were satisfied that this was the cause of the two high bills, and that no complaint could be upheld against ActewAGL.

Assisted Resolution by Council Staff Almost 60 percent of all non-hardship matters and a small number of hardship matters brought to Council are resolved without the direct intervention of Council members or a hearing process. The Council Chairperson, or Deputy Chairperson, monitors all cases, however the Registrar and/or the Case Manager, in the course of listening to clients and researching the circumstances surrounding a complaint, are often able to facilitate an early resolution of the problem. This may be as fast as a single phone call, or may involve inquiries to third parties such as banks or ACT Housing. Solutions often present themselves in the course of distilling the facts through communication with both parties. Many clients just want to be heard. It is not unusual for the problem to be a matter of Utility Call Centre staff failing to communicate effectively or not understanding the utility's own business rules. All cases resolved by Assisted Resolution are "signed-off" by the Chairperson or the Deputy Chairperson prior to closure.

Assisting Resolution Case Study - New Gas Connection Refused Mr A moved to the ACT from interstate and requested that gas be connected to his new residence. Utility Call Centre staff told Mr A that this was not possible as he had an outstanding debt. Mr A was advised that he could make a complaint to the Council and his call was transferred by the Utility to the Council's office. The Case Manager contacted a manager at the Utility who agreed that the Call Centre staff might not have fully understood the correct business rules. The connection was arranged immediately and a debt repayment plan was put in place. The Utility also undertook to ensure that its Call Centre staff were better informed about customers' rights to connection under the Consumer Protection Code.

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Assisting Resolution Case Study – Debt Explained Ms B insisted that a Utility was trying to collect payment of an old account. She said that she always pays her utility bills on time and would never have left the account unpaid. A check of her past electricity, water and gas accounts (all with the same Utility) showed that she had indeed paid that amount in the past, but the payment was to her electricity account and her gas account remained unpaid. The staff of the Utility had not checked this. In light of this information, Ms B made arrangements to pay off her gas debt.

Assisting Resolution Case Study - Debt Repayment Arranged Mr C was under threat of disconnection due to an unpaid gas account of $400. Mr C was already paying $50 per fortnight on this account and had contacted the Utility's Call Centre to make an arrangement to continue to pay the account off. The Utility would only offer a two week extension and his call was transferred to the Council. Mr C advised the Registrar that he was happy to increase his fortnightly payment to $60 but he would be unable to pay the $400 owing in the two weeks offered. The Registrar contacted the Utility who agreed that Mr C’s offer of $60 per fortnight was more than sufficient to meet his on-going consumption while paying his debt off within a reasonable (12 months) period. It agreed to enter this arrangement on Mr C’s account. Mr C was advised of this outcome and was very pleased with the result.

CONSUMER PROTECTION AND INDUSTRY ISSUES The Council has statutory functions under s 170 of the Act "to protect the rights of customers and consumers under the Act" and "to advise the Minister … or ICRC on any matter about the council's functions". During 2002-2003, Council was active in relation to these functions, as discussed below.

Full Retail Contestability for Electricity The Council made two submissions to the Independent Competition and Regulatory Commission (ICRC) opposing the early introduction of full retail contestability for electricity (FRC) in the ACT. The Council's position was that FRC would not benefit low- income consumers and that its introduction should be deferred for one to two years pending developments in the larger States. Following the decision of the Government, on the advice of the ICRC, that FRC was to go ahead, the Council participated fully in the consultation processes for implementation of FRC, including changes to the Consumer Protection Code and the education program. Representatives of the Council attended a series of meetings in 2002-03 sponsored by the ICRC to work out the detail of an effective

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implementation program, including the timing and content of a public information campaign. This included the distribution of leaflets to all ACT households, as well as TV, radio and newspaper exposure. The information program (and FRC itself ) was initially scheduled for 1 March 2003 but, because of the damage to the electricity infrastructure resulting from the January bushfires, commencement was delayed until 1 July 2003. Consequently, the initial plan was put on hold for some months and then reviewed for its continued relevance prior to implementation in the latter weeks of June 2003. As part of its preparation for FRC, Council also met with a representative of Country Energy at a Council Members' Meeting. Council was briefed on Country Energy's approach to hardship and discussed liaison arrangements for that utility's entry into the ACT market.

Utility Billing in Shared Community Housing Through a number of hardship complaints, Council became aware that there were significant problems for young people in the ACT arising from utility billing arrangements in shared community housing. In the private rental market, shared housing is most commonly organised on a joint tenancy basis or a head tenant/lodger basis. The key element of such arrangements is that the people entering the sharing arrangement do so voluntarily and it is therefore reasonable to expect them to work through issues of liability for utility bills as part of the decision to share accommodation. In community housing in the ACT, however, it is not uncommon for community housing providers to place unrelated people into a shared tenancy situation where the tenant is liable only for the rent of their own bedroom, is required to share common facilities in the premises with other tenants, and electricity and gas utilities are supplied through one meter for the whole house, but the provider does not accept responsibility for payment of utility accounts. In several shared situations brought to Council as hardship complaints, individual tenants were facing utility bills in their own names which included the cost of supply to other tenants of the premises. These tenants, effectively, had no means of enforcing payment contributions by other tenants and no means of restricting the others' unrestrained use of electricity or gas, except by disconnection of the supply to the whole house. In one unusual case, the tenant with personal responsibility for an electricity bill did not even know the name of one of the other tenants who was using electricity at his expense – and the housing provider refused to disclose the name of the other tenant for privacy reasons. Council has initiated a number of processes for resolving problems of this nature. A Special Public Hearing on Utility Billing Arrangements in Shared Community Housing was held on 12 October 2002 and was attended by a number of tenants and by representatives of the following agencies: ActewAGL, TAS Housing, Lowana Young

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Women's Service, CCHOACT, Tenants' Union, Havelock Housing Association, Welfare Rights and Legal Centre, Care Inc, APSSA, and the Department of Disability, Housing and Community Services. The Special Hearing was primarily a vehicle for sharing information on the problem and on approaches taken by different agencies in relation to utility accounts. It will be followed up by a further Special Hearing late in 2003. Separately from the Special Hearing, Council has been working with specific providers, and particularly Havelock House, to work through problems in relation to particular hardship complaints, and to assist providers and tenants to find satisfactory systemic solutions for their particular style of community housing provision.

Shared Housing Case Study – New Tenant Fails to Contribute to Utility Bills Two young men shared a unit in Red Hill managed by a youth housing program. Their tenancy agreements made each of them a tenant of their own bedroom and required them to share the common areas of the unit. They shared the cost of utilities, one paying for electricity and the other for the telephone. When one of the two young men moved out, the lessor moved another young person into the unit, sharing with the remaining tenant. The new tenant made no contribution to the utility costs and eventually the original tenant discontinued paying the utility charges (which were billed in his name) as well. Finally the new tenant moved out, and the remaining, original tenant was left with a large electricity bill. The Council became involved when disconnection action was being taken by the utility. The Council gave a Interim Direction that the electricity was not to be disconnected providing the tenant paid an affordable fortnightly amount towards current consumption and repayment of the arrears.

Shared Community Housing – Waiting in the Dark A community housing association manages a large housing complex for low-income people; it comprises a number of units, each containing 5 – 7 bedrooms and common areas such as a kitchen, lounge and bathroom. There is one electricity meter for each unit. The utility attempts to require all residents of a particular unit to sign on in a joint account for electricity supply. In one unit, this resulted in a situation whereby residents tried to avoid being signed on as responsible for the account and, when the electricity was disconnected for non-payment, a competition ensued to see who would break first and get the electricity put back on in their own name. When this new account was established, the utility then cascaded the escalating bill from previous periods of non-payment on to the unfortunate person(s) who gave in first. Other residents, apparently, did not pay the person(s) responsible for the account, the bill was not paid, the power was cut off, and the whole cycle started again.

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This case came to the Council's attention when the utility was refusing to reconnect the power for a new group until suitable arrangements had been made for the payment of the escalated bill from many previous groups. Council directed the utility to reconnect supply in the name of the resident who complained to Council (who agreed to make a fortnightly payment of $12 towards electricity by Centrepay) and undertook a process, working with the utility and several of the tenants, to identify what amount of electricity each individual had used and could therefore reasonably be expected to pay for. Council also noted that the utility had no right to "cascade" debt forward from one account to the next unless the accounts were in exactly the same name and the utility has modified its procedures accordingly.

Other Issues Other consumer protection and industry issues included: Stakeholders Meeting: On 25 November 2002, the Council conducted a Stakeholders Meeting which was intended to review the Council's first year of operations, gain feedback on any problems in the Council's operations, and improve the Council's on- going relationship with its Stakeholders. The meeting was attended by Council members and staff and representatives of ActewAGL, AGL Gas, ICRC and CARE. Discussion topics at the meeting included Stakeholder feedback, the resourcing of consumer representation, jurisdiction of the Council and appeals from Council decisions. A copy of the Notes from the meeting are available upon request to the Registrar of the Council. Consumer Protection Code: Throughout the year the Council worked closely with the ICRC on the development of a new Consumer Protection Code that was integral to the implementation of Full Retail Contestability of Electricity. This involved a number of meetings to develop a first draft, and then to revise that draft to take into account the needs of all stakeholders. The finalised Code was released in June 2003, just prior to the introduction of FRC on 1 July 2003. The finalised Code addressed all of the concerns raised by Council during the consultation process. Utility Plans: During the year, representatives of the Council met with representatives of ActewAGL, the ACT Department of Urban Services, and other agencies, on a number of occasions for consultations on the ACT Emergency Planning Code for Water Supply and Sewerage, the Electricity Networks Emergency Plan, and the Liquid Waste Acceptance Policy. The Council also responded to the draft Determination on Franchise Pricing for Electricity in the ACT.

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Community and Industry Involvement: Members of the Council continued to be actively involved in community and industry activities. In 2002-03, this included Submissions to the ICRC and the National Energy Market Review and participation by Council members in a teleconference on the National Electricity Market sponsored by the National Advocacy Panel and the ACCC, two workshops convened by the ACT Chapter of the Council of Australasian Tribunals, a workshop on energy efficiency in domestic housing, and various Community Interagency Meetings. ACT Housing: Many of the Council's Hardship clients live in public housing managed by ACT Housing, and the two agencies have a substantial overlap through clients who face both rent and utility debts. In recognition of this overlap, the Council provided the Housing Review Committee with access to its Hearing Room on a weekly basis during 2003, and the Council Chairperson is a member of a Debt Working Group which has been convened by the Department of Disability, Housing and Community Services to develop innovative ways of improving ACT Housing's debt management processes. The problems arising from the poor state of repair of ACT Housing stock, discussed in the Council's Annual Report 2001-02, continue to be a significant cause of concern for Council. National Activities: The Council, through the Chairperson, maintained contact with the network of Energy and Water Ombudmans in the other States. On several occasions during the year, the NSW Ombudsman (EWON) and the Victorian Ombudsman (EWOV) assisted the Council by sharing their extensive knowledge of the utility industry and successful approaches to resolving problems raised by consumers.

FINANCE AND OPERATIONS The Council is assisted in its activities by staff who are ACT public servants employed by the Department of Justice and Community Safety. The Department also undertakes responsibility for administration, office premises and payment of staff and members' remuneration and superannuation. The staff of the Council in 2002-2003 are noted in the table below.

Council Staff Commenced with Position ESCC/ESRC

Jo-Anne Tulk 1 July 2001 Registrar (ESRC 14 January 1996) Kerrie Brotherton 11 March 2002 Case Manager Mieke van den Bergh 1 July 2001 Office Assistant (ESRC 7 November 1995) Lynn Lovelock 29 April 2003 Office Assistant Sim Benedictos 30 May 2002 A/g Office Assistant (May-Oct 2002)

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Financial Report Under s 173(a) of the Act, Council is required to report on “the number of complaints received about each utility”; this information is reported in the table below.

Number of Complaints Received About Each Utility

2002-03 2001-02 Hardship Complaints Actew Retail Ltd and AGL ACT Retail Investments Pty Ltd 848 555 Actew Corporation Ltd 69 44

Non-Hardship Complaints Actew Retail Ltd and AGL ACT Retail Investments Pty Ltd 25 27 Actew Distribution Ltd and AGL Gas Company (ACT) Ltd 4 12 Actew Corporation Ltd 9 9 Energy Australia 1 0 Origin Energy Electricity 1 0

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Number of Complaints Received About Each Utility

2002-03 2001-02 Total Complaints Actew Retail Ltd and AGL ACT Retail Investments Pty Ltd 873 582 Actew Distribution Ltd and AGL Gas Company (ACT) Ltd 4 12 Actew Corporation Ltd 78 53 AGL Electricity Pty Ltd 0 0 CitiPower 0 0 Country Energy 0 0 ENERGEX Retail Pty Ltd 0 0 EnergyAustralia 1 0 Ergon Energy (Victoria) Pty Ltd 0 0 Ferrier Hodgson Electricity Pty Ltd 0 0 Integral Energy Australia 0 0 Origin Energy Electricity 1 0 Pulse Energy 0 0 TXU Electricity Limited 0 0 Yallourn Energy 0 0 TOTAL COMPLAINTS 957 647

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Under s 173(b) of the Act, Council is required to report on “the cost of handling complaints about each utility”; this information is reported in the table below. The cost of handling complaints includes both the cost of new complaints (957) and the cost of hardship complaint reviews (730 Review Hearings in 2002-03).

Cost of Handling Complaints About Each Utility

Licensee 2002-03 2001-02 Variable Fixed Total Total Actew Retail Ltd and AGL ACT Retail Investments Pty Ltd $77,604 $134,298 $211,902 $232,036 Actew Distribution Ltd and AGL Gas Company (ACT) Ltd $4,223 $41,108 $45,331 $38,579 Actew Corporation Ltd $11,418 $36,272 $47,690 $40,689 AGL Electricity Pty Ltd $0 $2,587 $2,587 $0 CitiPower $0 $2,660 $2,660 $0 Country Energy $0 $3,675 $3,675 $0 ENERGEX Retail Pty Ltd $0 $3,118 $3,118 $0 EnergyAustralia $888 $2,756 $3,644 $0 Ergon Energy (Victoria) Pty Ltd $0 $2,249 $2,249 $0 Ferrier Hodgson Electricity Pty Ltd $0 $2,104 $2,104 $0 Integral Energy Australia $0 $2,176 $2,176 $0 Origin Energy Electricity $748 $2,394 $3,142 $0 Pulse Energy $0 $2,104 $2,104 $0 TXU Electricity Limited $0 $2,127 $2,127 $0 Yallourn Energy $0 $2,176 $2,176 $0 TOTAL $94,881 $241,804 $336,685 $311,304 The above allocation of complaint-handling costs to each utility is calculated according to a formula approved by the ICRC.

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Section 45(2)(b) of the Act provides that the ICRC is to include in the annual licence fee payable by each utility an amount which it considers is a reasonable contribution towards the costs expected to be incurred by the Council. The actual expenses incurred by Council during 2002-03 are reported in the table below. ESCC Expenditure 2002-03 2001-02 STAFF EXPENSES Staff Salaries $117,613 $84,930 Superannuation $12,511 $9,485 Annual Leave $9,857 $9,237 Comcare Premium $82 $3,081 Total – Staff Expenses $140,063 $106,733

ADMINISTRATION EXPENSES Cleaning $2,358 $1,005 Conferences & Seminars $118 $627 Consultants & Contractors $1,044 $327 Financial – Bank Fees & Charges $40 $0 Furniture & Fittings $1,558 $1,219 Interpreting Service $543 $28 IT $18,030 $28,888 Meeting & Board Costs $299 $757 Other $0 $7 Payroll Admin Processing Charge -$60 $268 Photocopier $1,977 $1,670 Plants $913 $912 Payments to In-house Providers $0 $3,938 Postage $4,584 $3,382 Printing $963 $1,497 R&M $557 $649 Records Management $0 $229 Rent $58,306 $58,542 Staff Recruitment $411 $51 Stationery & Supplies $2,538 $3,366 Telephone $4,061 $2,137 Training $260 $0 Travel – Accommodation & Parking $137 $559 Utilities – Electricity $2,862 $1,345 Venue Hire $242 $0 Total - Administration $101,741 $111,403 Total - Fixed Expenses $241,804 $218,136 COUNCIL MEMBERS Remuneration $87,047 $87,151 Superannuation $7,834 $6,017 Total – Council Members $94,881 $93,168 TOTAL EXPENSES $336,685 $311,304*

*The ESCC Expenditure reported in the Council's 2001-02 Annual Report did not include an adjustment made after the conclusion of that financial year.

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Performance Standards The Council is very keen to ensure that its processes are timely, efficient and responsive to the requirements of its clients – both complainants and utilities. In June 2002, with the benefit of a full year's experience, the Council prepared Draft Performance Standards covering the timeliness of various actions or processes undertaken by the Council and by respondent utilities. These Draft Performance Standards were circulated to the Department, the ICRC, ActewAGL, ACTCOSS, CARE Inc and the Welfare Rights and Legal Centre for comment. The Performance Standards were approved by the Council at its August 2002 Members' Meeting and are intended to provide an additional mechanism for assessing the performance of the Council and utility compliance with regulatory requirements. At its August 2003 Meeting, the Council assessed its performance in 2002-03 against the Performance Standards; in most cases the Performance Standards were met or exceeded. A copy of the Council's Assessment is available from the Registrar upon request.

Acknowledgments The Council would like to place on record its appreciation for the cooperation and assistance of the following: -the Department of Justice and Community Safety, through Peter Quinton; -ActewAGL, which has worked well with the Council on issues of compliance with the new regulatory regime and to ensure timely responses to complaints made to the Council; - the Consumer Law Centre, ActewAGL and Environment ACT, our partners in the WEST Pilot, and Mary Sexton, the WEST Project Officer; - the ACT Ombudsman, in relation to on-going cross-referral arrangements; -Ken McSwain, for his assistance in building a database for analysis of the Council's client profile, and Birgit Hofer from SoftLaw Community Projects Limited, for data input; -Annamaree Reisch, a member of the Council from 1 July 2001 to 19 May 2003; and -former members of the Essential Services Review Committee whose work formed the platform upon which the hardship processes of the Council are based. CONTACT DETAILS ESSENTIAL SERVICES CONSUMER COUNCIL Level 6, Eclipse House, 197 London Circuit, Canberra City ACT PO Box 578, Civic Square ACT 2608 Telephone: 6207 7740 Facsimile: 6207 7739 E-mail: [email protected] Last, but not least – a Haiku poem by Kerrie, ESCC Case Manager: Communication! Unravelling perspectives - Coffee Calories

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APPENDIX A REASONS FOR DECISIONS [AS AT 30 JUNE 2003] Decision/Number Date Issue(s)

Hardship No 2001/043 5 Sep 01 Hardship discharge - $800 – Gas supply debt after [2001] ACTESCC 1 marital separation Hardship No 2001/071 19 Sep 01 Hardship discharge - $400 – Electricity supply debt – [2001] ACTESCC 2 Medical conditions and reduced Centrelink income because of residency status Hardship No 2001/114 23 Oct 01 Hardship discharge - $200 – Electricity supply debt after [2001] ACTESCC 3 marital separation Hardship No 2001/111 31 Oct 01 Hardship discharge - $600 – Electricity supply debt after [2001] ACTESCC 4 marital separation and medical condition G [2001] ACTESCC 5 16 Nov 01 Electricity billing – Alleged faulty meter – Confidentiality of 3rd party account information Complaint No 2001/093 16 Nov 01 Electricity billing – Off-peak supply not charged through [2001] ACTESCC 6 utility error – Undercharging R [2001] ACTESCC 7 20 Nov 01 Electricity network operations – Damage to security system from power outage – Liability for failure of electricity supply Hardship No 2001/156 28 Nov 01 Hardship discharge - $300 – Electricity supply debt after [2001] ACTESCC 8 domestic violence and unauthorised use by 3rd party W [2001] ACTESCC 9 21 Dec 01 Electricity billing – Undercharge arising from incorrect meter wiring D [2001] ACTESCC 10 19 Dec 01 Water billing – Alleged faulty meter DB [2002] ACTESCC 1 22 Feb 02 Disconnection of gas supply – Failure to comply with mandatory notice requirements in the Consumer Protection Code – Amount of compensation to be awarded MB [2002] ACTESCC 2 9 Mar 02 Gas billing – Undercharge arising from miscommunication or error – Failure to provide bill from routine reading Disconnection of gas supply – Failure to comply with mandatory notice requirements LH [2002] ACTESCC 3 13 Jun 02 Deferral of water rates – Request from pensioner for Hardship No 2002/205 indefinite deferral of water rates – Principles for approval of a deferral of water or sewerage rates. In the Matter of the 27 Jun 02 Special Hearing of the Council of issues of Jurisdiction Jurisdiction of the Council [2002] ACTESCC 4 KR [2003] ACTESCC 1 10 Jan 03 Hardship complaint – Maintenance of electricity supply on conditions – Declared eligible for Incentive Debt Discharge Scheme PJ [2003] ACTESCC 2 13 Feb 03 Directions Hearing – High gas bills in Condamine Court because of centralised provision of hot water and heating

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APPENDIX B Essential Services Consumer Council

INCENTIVE DISCHARGE SCHEME

What is the Incentive Discharge Scheme? The Essential Services Consumer Council (ESCC) has commenced a scheme to help eligible electricity, gas and water/sewerage clients to repay their account arrears more quickly.

Who can it help? The scheme is designed to help those clients in financial hardship with arrears in excess of $500.00, who have no reasonable prospects of paying the arrears in full within 12 months, and who have demonstrated their genuine commitment to repayment of arrears by making payments as set by the ESCC for six months or more. There are other considerations, which the ESCC will take into account when deciding whether a client is eligible. Guidelines used by the ESCC are listed on the next page of this pamphlet.

How does it help? The way that this scheme helps clients is by discharging an amount of debt equal to that which has already been paid off the account arrears. The amount paid off the arrears is determined by the ESCC. The discharge is normally applied at the end of a three month period. Please read the guidelines over the page for more details. Example: 1. Client owes $750 in arrears on utility account. 2. Client’s estimated on-going usage is $50.00 per fortnight. 3. ESCC sets payment of $65.00 per fortnight, with $50.00 for on-going usage and $15.00 for arrears. 4. Client pays $65.00 per fortnight for 3 months (approx. 6 fortnights). 5. ESCC discharges $90.00 ($15.00 x 6 fortnights) from the account at the end of 3 months. 6. Altogether arrears are reduced by approx. $180.00 for the 3 months. Please take note that the discharge is applied only to amounts paid off arrears. There is no discharge applied to amounts paid for on-going usage.

How do I find out more? If you have any questions or enquiries about the Incentive Discharge Scheme, you can call the ESCC secretariat on 6207 7740 for further information.

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Guidelines used by the ESCC to decide who is eligible and how the scheme is administered

1. The client wishes to participate in the scheme.

2. The client has a debt of $500.00 or more.

3. The client has been making payments as set by ESCC for six months or more.

4. The debt has not been caused by wanton failure to meet repayment arrangements previously set by ESCC, nor due to wanton or unreasonable consumption.

5. There is no reasonable prospect of full payment of debt within a 12-month period.

6. Discharge is to be made on a dollar-for-dollar basis for an agreed period. It applies only to amounts paid by the client in excess of the annual average on-going consumption cost for the period. The average on-going consumption cost is estimated in advance of the period by the ESCC.

7. If, during the agreed period, the client pays in excess of any payment plan set by the ESCC under this Scheme, a dollar-for-dollar discharge will apply to such excess payment(s).

8. Discharge is to be conducted on a three monthly basis, retrospectively, provided the client has adhered to the payment plan set by the ESCC.

9. A letter is to be sent to the client detailing the amount discharged when the first three-month discharge occurs.

10. The ESCC will conduct a hearing, six months after the initial hearing at which the incentive discharge was approved, to review progress on the account, to check for any changes in consumption, to apply a retrospective discharge for the preceding three months, and to make any alterations to the terms of the incentive discharge.

11. Further hearings will be conducted each six months whilst the client remains eligible for the scheme. Three months after each hearing, a retrospective discharge will be conducted by the ESCC, if the client has continued to adhere to the payment plan set by the ESCC, and a letter will be sent to the client detailing the amount discharged.

12. A review hearing may be called before six months expire, either by the client or by the ESCC, where there is an anticipated or actual failure to meet payments set by the ESCC or if there is a significant change in circumstances, including consumption.

January 2003

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ANNUAL REPORT 2002 – 2003 annexed reports Guardianship & Management of Property Tribunal

Introduction The Guardianship and Management of Property Tribunal is established by virtue of the Guardianship and Management of Property Act 1991 (the Act). The Tribunal commenced operation in 1992. The principal role of the Tribunal is to hear and determine applications for the appointment of guardians and financial managers of adults with decision-making impairments. The Tribunal also has jurisdiction to provide substituted consent for a range of prescribed medical procedures, as set out in the Act. These include: an abortion; reproductive sterilisation; a hysterectomy; a medical procedure concerned with contraception; or removal of non-regenerative tissue for transplantation to the body of another living person; treatment for psychiatric illness; electro- convulsive therapy; psychiatric surgery or any other medical or surgical procedure prescribed for the purposes of this definition. Under the Act, the Tribunal may conduct proceedings with as little formality and legal technicality and form as the circumstances of the case permit. Nevertheless, the legislation also requires that the Tribunal observe the rules of natural justice. It also provides that the Tribunal may obtain information on any matter in such a manner as it thinks fit. The provisions of Part 3 of the Act deal with the Tribunal and proceedings before it. The Tribunal conducts community information seminars, prepares publications, and its staff educate and inform the community about various options available to persons seeking advice about the Tribunal’s role. The Tribunal comprises of a President, who is either a Magistrate or a person who has at least 5 years experience as a legal practitioner. The President may sit alone if the need arises, but the Tribunal usually comprises a panel of a Presidential Member with two Community Members. The Tribunal convenes after giving 7 days notice to applicants and other parties, but may convene at shorter notice in urgent cases.

Orders The Tribunal may make both guardianship and management orders or it may make one or the other order only. Orders may be plenary (full) or limited and can be made for a maximum duration of 3 years.

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Before making a guardianship or management order, the Tribunal must first be satisfied that the person has impaired decision-making abilities. The Act defines impaired decision- making ability in the following terms: “a person has impaired decision-making ability if the person’s decision-making ability is impaired because of a physical, mental, psychological or intellectual condition or state, whether or not the condition or state is a diagnosable illness”. Evidence of the impairment is provided by oral evidence, medical and professional reports. Proceedings before the Tribunal are about whether a person with a decision-making impairment needs a substitute decision-maker and, if so, what powers or functions that substitute decision-maker should have. Put another way, proceedings before the Tribunal are essentially about a single person and their right to continue to make their own decisions. The Tribunal considers both oral and written evidence at hearings. It determines whether or not the person the hearing is about has lost their decision-making capacity and needs a guardian or financial manager and, if so, who that guardian or financial manager should be. If a guardian is appointed, the Tribunal will decide what decision-making functions they should have.

Decision making by the Tribunal The Tribunal must observe an important set of principles that apply to all actions taken or decisions made pursuant to the Act. When exercising a function or power, the Tribunal will observe important concepts and principles and this includes the following: (a) protection of the person from physical or mental harm; (b) prevention of the physical or mental deterioration of the person; (c) the ability of the person to- (i) look after himself or herself; and (ii) live in the general community; and (iii) take part in community activities; and (iv) maintain the person’s preferred lifestyle (other than any part of the person’s preferred lifestyle that is harmful to the person); (d) promotion of the person’s financial security; (e) prevention of the wasting of the person’s financial resources or the person becoming destitute.

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Review of Orders Orders made by the Tribunal are subject to regular review (no longer than 3 years).

Conduct of Inquiry As previously mentioned, the Tribunal operates with the minimum of formality. The inquiries are open to the public unless the Tribunal otherwise orders. It is not necessary for the person to have legal representation. The Community Advocate or her delegate attends all hearings of the Tribunal. The OCA, following an investigation of the proposed protected person’s (ppp) circumstances, prepares and presents a report with recommendations on what it thinks is the most favourable outcome for the ppp. The Public Trustee is also represented at most, if not all hearings, and often provides a report on the financial circumstances of the ppp.

Costs Hearings before the Tribunal are free of charge.

Administration The ACT Law Courts is responsible for administering the Act. Tribunal Membership

President: Ronald Cahill Acting Presidents: John Burns Beth Campbell Peter Dingwall Maria Doogan Karen Fryar Shane Madden Michael Somes Members: Sheena Dadge Margaret Gath Jane Greagg Margo Hodge Janice Konstantinidis Anne Procter Phillip Thompson Ross Walker

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Meg Wallace Robert Wedgewood Harold Hird Jann Lennard Location

Registry and Hearing Room: ACT Magistrates Court Building 4 Knowles Place CANBERRA CITY ACT 2601 Postal Address: GPO Box 370 CANBERRA CITY ACT 2601 Phone: (02) 6217-4282 Fax: (02) 6217-4505

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Workload Statistics

Applications Received Directions 15 Emergency Guardianship 101 Emergency Management 378 Emergency Guardianship & Management 131 Emergency Medical Consent Only 20 Emergency Discontinued 106 Guardianship 22 Management 34 Guardianship and Management 76 Reviews of Orders 482 Warrant for Removal 5 Interstate Registered Orders 2 Prescribed Medical Procedure 3 Total 1375

Number of Hearings 1242 Number of Cases Withdrawn 7 Number of Emergency Orders 736 Number of Orders 927 Number of Prescribed Medical Procedure Orders 8 Number of Orders after Review 332

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President’s Report A range of issues, some new, and others recurring, have come to the attention of the Tribunal over the past 12 months. They have arisen in the context of the Tribunal’s paramount role and function, that being to promote and protect the interests of the protected persons. Since the Tribunal began operation on 28 January 1992, it has experienced a consistent increase in the number of applications. However, during the past year, the Tribunal has received 1375 applications, a decrease of approximately a 6% on the previous year. Unfortunately, some problems have surfaced regarding data credibility during the past six months. Accordingly, the credibility of statistics provided in this years report cannot be guaranteed. Plans are underway to ensure the case management system for the next year is both reliable and accurate. Following agreement between the OCA and President of the Tribunal, Tribunal registry staff now compile brief reports on cases to be reviewed. This has made an already heavy workload even more problematic for registry staff. The Tribunal conducted 482 reviews this year. As years go by, this number will increase exponentially, placing an added burden on already stretched resources. It is becoming apparent the Tribunal may need to consider taking on an investigatory role, with respect to reviews, than was originally anticipated when the Act commenced in 1992. The Community Advocate and Public Trustee have already flagged their support of such a proposal.

Enduring Power of Attorney An Enduring Power of Attorney gives you the power to choose a relative or friend to manage your lifestyle and financial affairs should you become incapacitated or if you develop a decision making disability. There is an ongoing need for the Tribunal, in cooperation with the OCA and PT, to encourage people to consider such an approach. This would alleviate the need for the appointment of a guardian or manager, ultimately reducing the number of applications and provide individuals with control over whom they wish to manage their affairs should the need arise. Concurrent with this approach is the need to ensure transparency and accountability on the part of those appointed. To that end, it is my view a register of EPA’s should be maintained. It has been an issue of concern for a number of years, and I urge the Government to consider such a proposal.

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Emergency Orders At present, the Tribunal has the power to appoint an emergency guardian or manager, namely the Community Advocate or Public Trustee, for a period of up to ten days, without holding an inquiry if the tribunal is satisfied that there are special circumstances of urgency that make it proper to do so. The Tribunal believes, in light of experience over the past 11 years, the ten-day period is too short, and in some cases, it places a real burden on those required to investigate and prepare reports for the Tribunal.

National Interjurisdictional Committee I have continued to attend six monthly meetings of this committee to confer with other jurisdictions on new developments, compare legislative changes and develop improved strategies to deal with a range of issues as they affect those appearing before guardianship boards and tribunals across the country. One of the major ongoing issues considered by the committee has been the registration of interstate orders. The ACT has also agreed in principle to both maintain and service the committee’s website.

Miscellaneous Issues • The Tribunal remains concerned that people of a young age continue to be placed in facilities primarily charged with nursing home care for the elderly. • In line with the New South Wales approach, it may be appropriate, in some circumstances, to have compulsory powers to enforce directions concerning the assessment and placement of protected or proposed protected persons. • The need for a facility for people presenting with behaviour that poses a threat to themselves or others. • The increasing need for complex medical assessments, often at the instigation of the Tribunal. This has cost implications for the tribunal. • An increasing use of the Conflict Resolution Service to mediate conflict between the protected person family members and other key stakeholders. • A recent case before the Tribunal has highlighted the need for increased communication with the ACT Revenue Office. In that matter, following appointment of the person’s daughter as guardian and manager by the Tribunal, the manager discovered the person was in significant arrears with rate payments and interest accruing on the unpaid debt. In an attempt to minimise similar occurrences, I have instructed the Registrar of the Tribunal to raise the matter with the Revenue Office.

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• Training of Tribunal members continues to be an issue of concern. Lack of resources continues to inhibit appropriate training of individual members, all of whom have expressed concern on this issue. Recent positive experiences in other jurisdictions suggests the ACT should, in consultation with those affected, consider adopting a performance appraisal mechanism for members of the Tribunal. Such an approach could include education, peer review, client surveys, in house review etc. It is hoped the recently established Council of Australian Tribunals (COAT), under the auspices of the Commonwealth Administrative Review Council and the Australian Institute of Judicial Administration will generate some options in this area.

(Non) Payment of members I have yet again urged the ACT Government to consider financial remuneration for Community Members of the Tribunal. Their contribution to the Tribunal’s deliberations cannot and should not be under-estimated. The ACT remains the only jurisdiction within the Commonwealth to offer no financial remuneration to its members. This is a very sad state of affairs and may reflect negatively on the government’s commitment to people with decision-making impairments. Yet another submission by me on this subject is awaiting consideration of the ACT Government.

Change to membership Finally, I would like to express my sincere thanks to Ms Elizabeth Harley, Ms Kim Matthews, Ms Jenny Marshall and Mr Sandy Persi, who resigned during the past 12 months. I would like to thank you for your dedication, professionalism and contribution throughout your tenure. As original members of the Tribunal, your input to its development, approach and focus has been invaluable. I also welcome the newly appointed members to the Tribunal, Ms Jann Lennard and Mr Harold Hird and look forward to their contribution.

Community Advocate and Public Trustee The Tribunal continues to rely heavily on the services of the Community Advocate (OCA) and the Public Trustee’s Office. To Ms Heather McGregor (CA), Ms Diane Kargas (PT) and their respective staff, many thanks for your continued input, professionalism, and support. I would also like to thank the ACT Conflict Resolution Service for its assistance.

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I wish to acknowledge the commitment and professionalism of my fellow Presidents, Members and staff. In particular, I commend the continued efforts of Ms Marnie Dunn and Ms Jayne Reid, two officers who have demonstrated an unwavering dedication and loyalty to the registry of the Tribunal. Finally, may I extend, on behalf of all the members, deputy presidents and myself, sincere thanks to Ms Allison Braun, who recently took up a position with the Commonwealth. Her contribution to the planning, development, implementation, management and operation of the GMPT was exceptional and she will be sorely missed.

R J Cahill President July 2003

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Organisation The Mental Health (Treatment and Care) Act 1994 (the Act), commenced on 6 February 1995 that repealed the Mental Health Act 1983 and the relevant provisions of the Lunacy Act 1898 (NSW). As a result, the Mental Health Tribunal was established to replace the Magistrates Court as the relevant determinative body in relation to those suffering from a mental illness or mental dysfunction.

Role The Tribunal hears applications for the treatment and care of people suffering mental illness or mental dysfunction. Before the conduct of a hearing, the Tribunal will invariably direct a person subject to an application to undergo a psychiatric or psychological assessment. Additionally, the Tribunal considers: • Applications for the release of people involuntarily detained. • Applications for the administration of Electro-Convulsive Therapy. • Referrals from the Supreme Court and Magistrates Court to determine whether a person charged with an offence is mentally ill or mentally dysfunctional, • And/or whether a person is fit to enter a plea and/or make recommendations on how the person should be dealt with. If required, the Tribunal may also make orders for their treatment and care.

Key Objectives The Act has the following objectives: • To provide treatment, care, rehabilitation and protection for mentally dysfunctional or mentally ill persons in a manner that is least restrictive of their human rights. • To provide for mentally dysfunctional or mentally ill persons to receive treatment, care, rehabilitation and protection voluntarily and, in certain circumstances, involuntarily. • To protect the dignity and self-respect of mentally dysfunctional or mentally ill persons. • To ensure that mentally dysfunctional or mentally ill persons have the right to receive treatment, care, rehabilitation and protection in an environment that is the least restrictive and intrusive, having regard to their needs and the need to protect other persons from physical and emotional harm. • To facilitate access by mentally dysfunctional or mentally ill persons to services and facilities appropriate for the provision of treatment, care, rehabilitation and protection.

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Key Definitions Mental Dysfunction “a disturbance or defect, to a substantially disabling degree, or perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion”

Mental Illness “means a condition that seriously impairs (either temporarily or permanently) the mental functioning of a person and is characterised by the presence in the person of any of the following symptoms: Delusions; Hallucinations; Serious disorder of thought form; A severe disturbance of mood; Sustained or repeated irrational behaviour indicating the presence of the symptoms referred to in paragraph (a), (b), (c) or (d)” A person is not mentally dysfunctional because: • of their political opinion or activities; • of their philosophy; • they engage in antisocial behaviour; • of their sexual preference or orientation; • they engage in immoral conduct; • they are sexually promiscuous; • they have taken alcohol or other drugs; • of their religious beliefs or activities.

Types of Orders

The Tribunal can make the following orders for a maximum period of 6 months: • for a person to undergo psychiatric treatment, other than convulsive therapy or psychiatric surgery; • for a person to undertake counselling, training, therapeutic or rehabilitation program; • if the Tribunal considers a person is, or is likely to be, a danger to him/herself or the community – an order restricting the person from engaging in specified conduct; • requiring a person to reside in a specified place; • for a review of mental health orders in force in respect of a person periodically or after a specified period.

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Conduct As the Tribunal is not a Court, it operates with the minimum of formality and is bound by the rules of natural justice.

Tribunal Membership The Tribunal consists of a President, Deputy Presidents, Psychiatrists, Psychologists and Community Members. An inquiry will involve the President or Deputy President and 2 panel members considered most suitable to deal with the matter. President: Mr R J Cahill

Deputy Presidents: Mr J D Burns Ms L E Campbell Mr P G Dingwall Mrs M K Doogan Ms K M Fryar Mr S G Madden Mr M A Somes Mr M H Peedom

Psychiatric Members: Dr M Bennett Dr W Mickleburgh Dr M Tennant

Psychological Members: Dr C Barreda-Hanson Dr D Byrne Ms A McDonald Mr R Marsh Mr N Woodger

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Community Members: Ms S Dadge Ms M Gath Ms A Kinnear Mrs M Matthews Mr S Persi Ms L Steeper Mr R Walker Ms M Wallace

Staff

Senior Deputy Registrar: Mr A Tandy

Deputy Registrars: Mrs S Graham Mrs S Steele

Location

Registry: ACT Magistrates Court Building 4 Knowles Place CANBERRA ACT 2601

Telephone: (02) 6217-4280 Facsimile: (02) 6217-4505

Hearing Room: Hearing Room 1, Level 1 ACT Magistrates Court Building 4 Knowles Place CANBERRA ACT 2601

and: Psychiatry Unit The Canberra Hospital Yamba Drive GARRAN ACT 2605

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Presidents Report As I reflect on the year just passed, and when comparing the amount of work undertaken by the Tribunal against previous years, it is appropriate to consider the positive outcomes over the past twelve months. In deciding to initiate reviews of people subject to orders of the Tribunal, it has been possible to better monitor client progress, and hopefully ensures better long-term outcomes for them. There has been a 92.5% increase in reviews conducted this year.

Review Procedures A newly adopted process has diminished the number of individuals slipping through the net. At the President’s direction, the registry writes to the treating doctor of case manager approximately 8 weeks before the expiration of an order, and based on the response, decides whether or not to list the matter for review. It is hoped this approach will assist in providing positive outcomes for people appearing before the Tribunal. The number of applications received this year has increased by just below 10%. This is a significantly reduced rate than last year, when the increase was in the order of 20%. Whilst not having any demographic data to reflect upon, I suspect numbers are beginning to plateau, in line with the Territories fairly stable population. No doubt time will tell. Interestingly, the number of individuals appealing emergency detention rose by approximately 22%. Whilst the numbers are not huge (48), it reflects positively on solicitors of the ACT Legal Aid Office. The office provides solicitors to provide advice to all persons detained under the emergency powers contained within the Act.

Referrals from Courts Interestingly, referrals from the Magistrate’ s Court have reduced by 50%. Yet, at the same time, requests for psychiatric reports from the same court have increased by 20%. Similarly, requests from the Children’s Court had doubled. Further increases experienced have been the number of referrals made by the Court and more interestingly; the rise in the number of referrals for reports from both the Children’s Court and the Supreme Court. Referrals received from the Children’s Court have remained consistent (7). On the other hand, referrals from the Supreme Court have reduced by almost 39%.

Need for a Secure Forensic Facility Unfortunately, the Tribunal continues to note the lack of appropriate facilities. There remains no suitable secure facility for forensic clients, or for those found not guilty of criminal offences because of mental illness. Whilst lamenting this gap, it is pleasing to

318 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Mental Health Tribunal note the Government has indicated a willingness to finally establish a correctional facility within the ACT. It is hoped serious consideration is given to including a forensic facility that can assist people allegedly involved in crime with appropriate psychiatric services, whether they be on remand, or detained on order of the Courts.

Registration of Interstate Orders This leads onto the next area of concern, that being the lack of consistency across jurisdictions regarding the registration of mental health treatment orders. The issue has been referred to Standing Committee of Attorney’s General for further consideration.

Tribunal requests for expert reports Given the role and function of the Tribunal, especially with regard to the removal of a person’s liberty, it is necessary that reports before the Tribunal are of the highest quality. Occasionally, the Tribunal is required to order further psychiatric, psychological or other reports to gain a better understanding of the person’s illness and personal circumstances. The cost of these reports is sometimes borne by the tribunal. Whilst not large, it does place an extra burden on the courts and tribunal’s resources.

National Meeting of Presidents and Registrars The New South Wales Mental Health Review Board kindly hosted the meeting of Presidents and Registrars at their offices on the grounds of the old Gladesville Hospital in Sydney in early June 2003. The program, conducted over two days, was both informative, and entertaining. Apart from the regular separate meetings of Presidents and Registrars, it is worth noting two of the sessions. First, Ms Julie McCrossin both educated and entertained us with a presentation on tribunal “Membership Performance Appraisal…some Practicalities.” As a previous training officer with the then NSW Guardianship Board, she challenged delegates to be more pro-active in adopting performance appraisal techniques to assist members of Tribunals with their ongoing professional development. Whilst not professing to have all the answers, she certainly raised the profile of such an approach and encouraged those present to consider implementing performance appraisal in their own jurisdictions. The second morning brought us a presentation by a private medical company called “Healthshare – secure ehealth network”. The company has developed an interactive teleconference facility that has potential application for boards and Tribunals. The company is operating such a program across the Queensland Health Department.

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Membership and Associated Issues The Tribunal continues to preside with a small and dedicated number of professional and community members. It is an ongoing struggle to recruit psychiatric members, and it is hoped further attempts be made to recruit several more qualified psychiatrists to sit as members of the panel. I need to restate that community members continue to provide their services without remuneration.The ACT continues to be the only jurisdiction in the country not paying members on the Tribunal. My personal view is that refusing to remunerate non-psychiatric members reflects poorly on the government’s commitment to service provision for the most disadvantaged members of the community. I will continue to lobby government in order to redress this issue.

Expressions of Gratitude I would like to again express my appreciation to Mr Keith Smith, Mr James Kirkcaldie, Ms Laura Bennett, members of the Mental Health Crisis Assessment and Treatment Team, visiting psychiatrists and mental health professionals in a testing environment. I would also like to express my appreciation and best wishes to David Dennis, previous head of forensic mental health services, who has taken up an appointment in South Australia. To he and his family our best wishes. My thanks to Associate Professor Cathy Owen, her fellow psychiatrists, Psychiatric Registrars, staff of ACT Mental Health Services and Ms Alli Shambrook, for their ongoing commitment to the needs of our client group. I would also like to extend my thanks to Ms Heather McGregor, her staff at the Office of the Community Advocate, and the legal practitioners of the ACT Legal Aid Commission. Also, to my fellow Presidents and the community members, thankyou for your dedication, commitment and humour, in a sometimes very difficult environment I would like to make special mention to Ms Allison Braun. Ms Braun was an inaugural staff member of the registry of the Tribunal. She has played an integral part in the development of the Tribunal and its activities since its inception, and we wish her all the very best in her future career.

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Finally, to the staff of the registry, my sincere thanks to Sue Graham, Sharon Steele, Jayne Reid and Alex Tandy. Without their input, dedication, and commitment to the client group, the Tribunal would not function. I look forward to my continuing role as President of the Mental Health Tribunal and those associated with it.

Ronald J Cahill President Mental Health Tribunal July 2003

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STATISTICS

1 JULY 2002 – 30 JUNE 2003 LODGMENTS

ALERT 2 APPLICATION FOR RELEASE FROM EMERGENCY DETENTION 48 MEDICAL APPLICATION FOR COMMUNITY CARE ORDER 4 NOTIFICATION OF CONTRAVENTION OF COMMUNITY CARE ORDER 1 COMMUNITY CARE ORDER DETERMINATION 1 CHILDREN’S COURT REQUEST FOR FORENSIC MENTAL HEALTH REPORT 11 COURT REQUESTED ASSESSMENT FOR MENTAL HEALTH REPORT 64 COURT ORDER FOR REMOVAL (S309 CRIMES ACT 1900) 17 RESPONDENT DECEASED 5 ORDERS DISCHARGED 9 APPLICATION FOR ELECTRO-CONVULSIVE THERAPY 26 EMERGENCY DETENTION NOTIFICATION 459 GENERAL APPLICATION 28 APPLICATION FOR TREATMENT ORDER (SELF) 0 MEDICAL APPLICATION FOR PSYCHIATRIC TREATMENT ORDER 175 NOTIFICATION OF BREACH ACTION 21 PSYCHIATRIC TREATMENT ORDER DETERMINATION 179 REFERRAL BY CHILDREN’S COURT 7 REFERRAL BY MAGISTRATES COURT 52 REFERRAL BY SUPREME COURT 13 APPLICATION TO REVOKE RESTRICTION ORDER 0 REVIEW OF ORDER 265 APPLICATION TO REVOKE ORDER 0 REVIEW OF RESTRICTION ORDER 9 MEDICAL APPLICATION FOR RESTRICTED COMMUNITY CARE ORDER 0 MEDICAL APPLICATION FOR RESTRICTED PSYCHIATRIC TREATMENT ORDER 1 NOTICE OF APPEAL TO THE SUPREME COURT 2 APPLICATION TO VARY 0 TOTAL 1,399

322 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Mental Health Tribunal

EMERGENCY DETENTION NOTIFICATIONS

EDN RECEIVED 7 DAY EXTENSIONS NO FURTHER ACTION 459 206 253

PERSONS WHO MADE APPLICATIONS BEFORE THE MENTAL HEALTH TRIBUNAL

AUSTRALIAN FEDERAL POLICE 1 CARE COORDINATOR 1 CASE MANAGER 105 CHIEF PSYCHIATRIST 6 COURT 163 DOCTOR 818 MENTAL HEALTH TRIBUNAL 245 OFFICE OF THE COMMUNITY ADVOCATE 3 OTHER 7 RELATIVE 18 SELF 5 SOLICITOR 49

RESULTS RECORDED

APPLICATION FOR RELEASE GRANTED 2 ASSESSMENT ORDER 183 APPLICATION DISMISSED 8 SUPREME COURT APPEAL DISMISSED 0 APPLICATION WITHDRAWN 69 APPLICATION REFUSED 28 COMMUNITY CARE ORDER 3 COMMUNITY CARE ORDER CONTINED 1 COMMUNITY CARE ORDER (WITH RESTRICTIONS) 2 COMMUNITY CARE ORDER (WITH RESTRICTIONS) CONTINUED 4 DECEASED 5 DISCHARGED 0 EMERGENCY DETENTION (FOLLOWING ORDER UNDER S309 CRIMES ACT 1900) 4 ELECTRO-CONVULSIVE THERAPY 18

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RESULTS RECORDED (continued)

INVOLUNTARY PSYCHIATRIC TREATMENT ORDER 148 INVOLUNTARY PSYCHIATRIC TREATMENT ORDER CONTINUTED 183 INVOLUNTARY PSYCHIATRIC TREATMENT ORDER (WITH RESTRICTIONS) 4 INVOL. PSYCHIATRIC TREATMENT ORDER (WITH RESTRICTIONS)CONTINUED 6 NO FURTHER ACTION 365 NO ORDERS MADE 9 MICSELLANEOUS 38 RESTRICTION ORDER TO CONTINUE 1 RESTRICTION ORDER REVOKED 12 ORDERS REVOKED 7 STOOD OVER GENERALLY 8 WARRANT ISSUED FOR PURPOSES OF ASSESSMENT 14

RESULTS RELATING TO COURT REFERRALS

MENTAL DYSFUNCTION 16 MENTAL ILLNESS 29 NO MENTAL ILLNESS OR MENTAL DYSFUNCTION 9 RECOMMENDATIONS MADE 46 FIT TO PLEAD 11 NOT FIT TO PLEAD 11

MENTAL HEALTH HEARINGS AND CONFERENCES

HEARINGS PRE- HEARING CONFERENCES NUMBER 585 10 HOURS* 538 6

324 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Official Visitor - remand

ANNUAL REPORT 2002 – 2003 annexed reports Official Visitor - Remand

Australian Capital Territory Belconnen Remand Centre Periodic Detention Centre OFFICIAL VISITOR: Geoffrey Potts Tel: (02) 6288 9682 - 4 Tobin Place, Holder ACT 2611

Mr Ted Quinlan MLA Minister for Police, Emergency Services and Corrections ACT Legislative Assembly GPO Box 1020 Canberra ACT 2601

Dear Chief Minister

Re: Report by Official Visitor of Belconnen Remand Centre, Symonston Temporary Remand Centre and Periodic Detention Centre, Symonston.

As Official Visitor, I have provided an annual report to the relevant Minister on my visits and observations to the above Centres, each financial year.

I refer to my previous annual reports as Official Visitor.

My report for the financial year - 1 July 2002 to 30 June 2003 is enclosed for your information and attention.

Yours sincerely

Geoffrey Potts Official Visitor 4 August 2003

326 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Official Visitor - Remand

Official Visitor - Report for Financial Year - 1 July 2001 to 30 June 2002. In performing my role as Official Visitor, I have continued to receive the fullest co operation and support for the Director and staff of ACT Corrective Services, the Superintendent and all staff at the Belconnen Remand Centre, Symonston Temporary Remand Centre and also at the Period Detention Centre at Symonston. The assistance received is both appreciated and essential in performing my duties.

Belconnen Remand Centre (BRC) During this year, I visited BRC on 62 occasions, on different days of the week and either morning or afternoon. I have continued the practice of visiting each yard within the Centres and talking with detainees, as well as being seen and being available to all detainees who wish to talk with me. This practice has proven to be the most effective manner of carrying out my role as Official Visitor. During the year, I met with staff of the Commonwealth Ombudsman on a number of occasions and also undertook a number of investigations on behalf of the Ombudsman. I also attended three custodial officer recruit training programs providing information on the role of the Official Visitor. Detainees have continued to raise a wide range of complaints mostly of a minor nature throughout the year. Following investigation and discussion with management and detainees, these complaints were clarified and resolved, to my satisfaction. From December 2002 to March 2003, a consistent number of complaints were received from a small number of detainees from the same yard at BRC. These complaints were mostly of an administrative nature, such as information provided to new detainees on induction and access to a copy of the Standing Orders relating to BRC. These and other similar matters were also investigated by the Commonwealth Ombudsman. The investigations have resulted in improving the level of information available to detainees. The provision of mental health services has improved during the year, with increased staff and services being available. It appears that the services are adequately meeting the needs of BRC at present. The number of detainees with mental health problems appears to remain at the level indicated in my last report (about 25 to 30%) and is still an issue of concern. Drug and alcohol programs were provided on a limited scale during the year but I understand that these programs are to be increased as from 1 July 2003.

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The overcrowding issue at BRC appears to have been resolved, with the opening of the Symonston Temporary Remand Centre on 14 November 2002. Both centres appear to be meeting demand for the present. This has meant that E Yard and E Dorm at BRC have been rarely required. Given the unsuitability of these areas, in particular E Yard, this is commendable. A new telephone system for detainees was installed at BRC and began operation in November 2002. Detainees now have far better access to outgoing calls and free calls to welfare and support agencies in the community. The new system has greatly reduced detainee's complaints. The maintenance of BRC remains a constant and ongoing need. However, the work of the maintenance staff has ensured the essential infrastructure is functioning efficiently. BRC has again been painted as required. The courtyard surface in A Annex has also been painted, greatly improving the appearance and cleanliness of that small area. In February 2003, I wrote to the Director of Corrective Services concerning the pro-rata unemployment benefit payable to detainees held on remand. The benefit was introduced in September 2001. I have recommended that consideration be given to increase the rate of benefit and also the rate of payment for work tasks performed by detainees in BRC. Unfortunately, the Activities Officer position, appointed in April 2002, has been vacant since September 2002. This again raises my concern over the lack of any form of regular and organised recreational and physical activities within BRC. However, the activities area has been refurbished and is being used for weekly art classes, education courses, drug and alcohol and cognitive skills programs. However, some regular recreational activities for detainees does appear to be needed in BRC. I again raise the concern, previously expressed, of persons serving warrants of commitment for unpaid fines. These persons continue to be located with detainees being held on remand for serious offences. There appears to have been a rise in the number of positive drug tests of detainees in recent months. This has resulted in detainees losing privileges available to them in BRC. The procedures involved in such tests and adjudications by management have been found to be in accordance with the Standing Orders applicable to BRC. Apart from the lack of organised physical and recreational activities, I consider that the essential services expected at BRC in the areas of health and mental health services have continued to improve during the year.

328 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Official Visitor - Remand

I am satisfied that BRC is conducting its operations in accordance with the Remand Centres Act and Standing Order relating to BRC. Conclusions: 1. The receipt of a pro rate unemployment benefit is an important source of income for detainees whilst in custody. I consider that the amount of benefit should be reviewed, with a view to increase the daily rate of benefit. 2. As organised physical and recreational activities are again lacking, consideration could be given to the re-appointment of an activities officer, either internally or externally, to overcome this problem. 3. With the improved appearance of A Annex courtyard, consideration could be given to attending to any minor repairs and painting the surface of all the unpainted courtyards in BRC. This will improve the appearance of the yards and improve the cleaning and hygiene of those yards. 4. The Information Sheet given to detainees at induction to BRC should be reviewed on a regular basis and updated as required.

Symonston Temporary Remand Centre (STRC) This new remand facility was opened on 14 November 2002 to meet the needs of overcrowding of detainees held in custody on remand. As noted above, both BRC and STRC have since adequately met the demand for such persons. The use of the Law Courts cells or New South Wales, has now ceased. Since its opening, I have visited STRC on 37 occasions. My contact with detainees is the same approach taken at BRC. Two yards (B and C) have been used to date, with A Yard yet to be refurbished. The maximum number that can be held at present is 22 detainees and are transferred from BRC, following selection based on criteria by a classification committee at BRC. Inappropriate behaviour at STRC may result in detainees being transferred back to BRC. Initially, boredom was a major source of complaint from detainees, but gradually the addition of recreational and sporting equipment has reduced such complaints. Generally both yards have been calm and few complaints from detainees are received. Those that are made, are usually of a minor nature and resolved satisfactorily. Recreational programs have been slow in being implemented at the centre, but in recent months this has been occurring. I understand that drug and alcohol programs are to be introduced as from 1 July 2003.

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One ongoing concern has been that water from the shower recess does flow into the units. I have raised this concern with management, but to date, the problem has not been resolved. I am satisfied that STRC is conducting its operations in accordance with the Remand Centres Act and Standing Orders relating to STRC. Conclusions: 1. As mentioned above, the water overflow problem from the shower recess in each unit should be addressed as soon as possible. 2. The planned provision of drug and alcohol and other programs to be implemented at STRC is supported. Other recreational programs, as they become available at BRC, should also be considered at STRC.

Periodic Detention Centre, Symonston (PDC) I have visited PDC on 50 occasions during the year, when detainees were in attendance over the weekend. My approach of talking with and being available to detainees is the same as at both BRC and STRC. Those complaints received were mostly of a minor nature and resolved satisfactorily. The number of detainees in attendance at PDC has been in the mid 20's which represents less than a third of the number of Periodic Detention Orders currently in force. In October 2002, the provision of the Saturday evening meal was changed from prepared food packs, which had been the subject of numerous complains, to providing the meal in bulk containers, which is then served out to detainees. This system has proved to be very satisfactory and well accepted by detainees. The entrance to PDC (as well as STRC) has been gradually landscaped by detainees and with the provision of a covered waiting area, the surrounding area of the two centres is now well presented. As noted in last year's report, the number of detainees who have been convicted of drug related offences and sentenced to Period Detention has remained high. There appears to be a small number of detainees, either before or during the detention period, being discharged for breaches of Standing Orders. During the year, there has been a noticeable increase in the number of detainees ‘sick in cells' each weekend, that is, those detainees unable to perform any work, but remain in their units during the work period. This appears to be because they are not capable either physically or healthy enough to undertake work tasks available. The regularity of some detainees to use this status does reflect on the purpose and rehabilitation inherent in periodic detention orders.

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There also has been some instances, where detainees are not provided with sufficient information on what periodic detention entails or is required of those sentenced to such detention periods. As a result of my visits and discussions with management and detainees, I am satisfied that PDC is conducting its operations in accordance with the Periodic Detention Act and Standing Orders. Conclusions: 1. Given the rise in the number of 'sick in cells', I consider that a review of the procedures for this to occur, should be considered. As noted, this status would appear to be contrary to the purpose of periodic detention. 2. Similarly, the same consideration could be given to determine a detainee's ability, in terms of health, to participate fully in the work and other programs required of persons serving a detention order. 3. The necessary information and requirements of a periodic detention order needs to be understood by detainees, before consent is given by an offender prior to accepting such an order. These three issues, are in effect related to each other, to ensure that suitable persons are sentenced to period detention, thereby making this alternative sentencing option more effective.

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 331 332 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Registrar of Co-operative Societies

ANNUAL REPORT 2002 – 2003 annexed reports Registrar of Co-operative Societies

Introduction Until 4 June 2003, ACT cooperatives were regulated by the Co-operative Societies Act 1939. Under that Act, the office of Registrar of Co-operative Societies was created and an annual report was required to be prepared. On 5 June, the Cooperatives Act 2002 commenced. The Act replaces the office of the Registrar of Co-operative Societies. There is no requirement to prepare an annual report. This report, the last under the Co-operative Societies Act 1939 has been prepared as at 4 June 2003. Cooperatives are member-based organisations operated for the benefit of their members. The factors which distinguish cooperatives from other forms of organisations are their mutuality, their democratic structure and character (each member is entitled to one vote only, regardless of the size of their shareholding), and the fact that capital in a cooperative services the activity rather than providing individual benefit. Cooperatives are sometimes contrasted with competitive entities (such as trading companies).

Registrar The Registrar of Co-operative Societies holds office under the Co-operative Societies Act 1939. In relation to co-operative societies in the ACT the Registrar: • registers new societies; • monitors compliance by societies with the Act and their rules; and • maintains a registry for the lodgement and inspection of relevant documents. The societies covered by the Co-operative Societies Act 1939 may include trading societies and housing societies.

Objective The objective of the Registrar is to administer and maintain the Act as a means of providing an effective basis for registered organisations to carry on business in accordance with co-operative principles.

Evaluation The key performance indicator is the extent of compliance with the Act by all registered co-operative societies. During 2002-03 there were no instances of significant non-compliance.

334 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Registrar of Co-operative Societies

Staffing The Registrar’s functions are undertaken by staff of the General Law Group in the Department of Justice and Community Safety. Mr Peter Quinton is the Registrar of Cooperative Societies.

Legislation The legislation providing for the establishment, operation and regulation of co-operative societies has undergone major reform across all states and territories of Australia. Through the initiatives of the Standing Committee of Attorneys General and the Ministerial Council for Corporations there has been substantial progress towards the implementation of a comprehensive set of consistent core provisions by each jurisdiction. As mentioned above, new legislation based on a nationally agreed framework came into force on 5 June 2003.

Registered Co-operatives in the ACT No new co-operatives were registered in the ACT during 2002-2003. Active co-operatives on the register as at 30 June 2003 were as follows: Trading societies: • Aerial Taxi Cabs Co-operative Society Limited • Builders Trading Co-operative Limited

Societies incorporated interstate Six interstate trading co-operatives were exempted from relevant provisions of the Act for the purposes of trading or carrying on business in the ACT as at 30 June 2002: • Australian Co-operative Foods Limited; • Leisureaction International Co-op Ltd; • Travel Agents Co-operative (NSW) Ltd; • University Co-operative Bookshop Limited; • Estate Agents Co-operative Limited; • Australian Wine Consumers Co-operative Society Limited; and • Primary Management and Training Concepts Cooperative Limited

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Investigations conducted by the Registrar There were no investigations carried out by the Registrar during 2002 - 03.

Documents available for inspection Under the Act any person, on payment of a prescribed fee, may: • inspect at the office of the Registrar (2nd Floor GIO Building, City Walk, Canberra City) and obtain a copy of the registration certificate and rules of a society; and • inspect and obtain a certified copy of any other registered document or part thereof.

Freedom of Information Act Documents relating to co-operative societies which may be made available under the Freedom of Information Act (1989) include: • register of co-operatives (ACT) containing names and addresses of societies; • annual reports of Registrar of Co-operative Societies; • various application forms pursuant to the Co-operative Societies Regulations; and • register of charges.

Change to Reporting Requirements The new cooperatives legislation does not require the tabling of an annual report by the Registrar. Consequently this report will be the last of its kind.

336 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Residential Tenancies Tribunal

ANNUAL REPORT 2002 – 2003 annexed reports Residential Tenancies Tribunal

Background The Residential Tenancies Act 1997 commenced operation on 26 May 1998. The Tribunal resolves disputes between parties to residential tenancies in the Australian Capital Territory. The Tribunal consists of a President, Members and Referees. It is supported by the Tribunal Registrar and Deputy Registrars.

Objectives The Tribunal has a responsibility and a duty to those who approach it to facilitate dispute resolution which is just, prompt and economical. It is the policy of the Residential Tenancies Tribunal to manage all cases from the moment initial contact is made with the Tribunal. The intervention of the Tribunal, whether by conciliation, mediation or hearing must be timely from the perspective of the needs of the parties to proceedings.

Tribunal Membership President: Mr R.J. Cahill A/G President: Mr P.G.Dingwall Members: Mr John Hyndes Ms Jan Lennard Ms Willy Corby Mr Allan Anforth Ms Jennifer David Ms Helen Uhe Ms Marion Reilly Referees: Mr Phillip Thompson Ms Gillian Witchard Ms Doris Bozin Staff

Senior Deputy Registrar: Mr A Tandy Section Manager: Mrs J Talevich Deputy Registrar: Mr S Egan Registry Staff Ms A Broughton Mr A Cuthel Ms C Genero

338 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Residential Tenancies Tribunal

President’s Report This year has been one of change for the Residential Tenancies Tribunal. A high turnover of experienced staff and four new Members being appointed has made for an interesting 12 months. With the January bushfires having a marked effect on the rental market, it has been a challenging year for the staff of the Tribunal. The appointment of the new members; Allan Anforth, Jennifer David, Marion Reilly and Helen Uhe, has been of great benefit to the Tribunal. Although I was disappointed that I was not consulted before their appointment, I have been more than happy with the manner in which they have settled in and their contribution to the Tribunal thus far. The review of the Act mentioned in last years report is still in progress and at this stage the Act remains unchanged. The Members of the Tribunal and I are currently awaiting a request for our input in relation to any proposed changes. It is hoped that this will happen in the near future and the required changes can be implemented in time for next years report. The Tribunal has seen a surge in the number of endorsement applications, from 626 last year to 1026 this year. This service, at present attracting no filing fee, accounts for a significant amount of work for Registry Staff, a position I find unsatisfactory for a Tribunal which derives its funding from application fees.

Education Website (Decisions on the Internet) Reasons for Decision are located on the AUSTLii website and can also be found via a link on the Magistrates Court website. Following feedback from clients, the website has recently been updated with all Tribunal forms, pamphlets and information sheets.

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Training seminars Staff of the Tribunal continue to provide regular information sessions at the Real Estate Institute. These sessions have a dual purpose. They give new Real Estate Agents an overview of the Tribunal thus benefiting them when they are required to have dealings with the Tribunal. As well as this, all Tribunal staff are given the opportunity to conduct these sessions and this assists with their own knowledge of the Tribunal and overall personal development. While the benefit of these sessions can clearly be seen, it may be the case in the near future that a presentation fee will have to be charged - the time taken to prepare and present such seminars not being cost effective for a self funding Tribunal.

Meetings Members and staff of the Tribunal continue to hold regular meetings with their various stakeholders who include the Real Estate Institute, Welfare Rights & Legal Centre, ACT Housing and various community organisations. These meetings are generally held quarterly or at the request of organisations on a needs basis. Proceedings before the Tribunal continue to be dealt with in an efficient and timely manner and my thanks go to the Members and staff of the Tribunal for their contribution and expertise in dealing with the clients of the Tribunal.

R J Cahill President

Location

Registry and Hearing Room ACT Magistrates Court Building 4 Knowles Place CANBERRA CITY ACT 2601 Postal Address GPO Box 370 CANBERRA CITY ACT 2601 Phone (02) 6217 4276 or (02) 6217 4275 Fax (02) 6217 4505 Email Address [email protected] Internet Address www.courts.act.gov.au

340 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Residential Tenancies Tribunal

Residential Tenancies Tribunal Statistics 2002-2003

OVERALL TOTALS Applications for resolution of dispute 866 Applications to restore/set aside/vary 413 Applications for Endorsement 1026 Endorsements Granted 932 Matters listed for conference 195 Matters listed for hearing 1439 Application withdrawn 68 APPLICATION BREAKDOWN Applications by Lessors 1712 Applications by Tenants 201 Applications by ACT Housing 302 APPLICATION TRACKING Complex Track 1218 Standard Track 305 Expedited Track 390 TYPES OF APPLICATIONS SOUGHT Applications for Termination by lessor 306 Applications for Termination by tenant 17 Rental Bond disputes 79 Rental Arrears 502 Rent Review 61 Rent Reduction 6 Compensation by lessor or tenant 270 Other 62

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 341 342 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Sentence Administration Board of the Australian Capital Territory

ANNUAL REPORT 2002 – 2003 annexed reports Sentence Administration Board of the ACT

Introduction People who are sentenced in the Australian Capital Territory to a term of imprisonment for criminal offences are held in correctional institutions in New South Wales. The Rehabilitation of Offenders (Interim) Act 2001 requires the courts to fix a non-parole period for offenders sentenced to a period of imprisonment of twelve months or more, unless the court finds it inappropriate to do so. The part of a prison sentence that is deemed to be the non-parole period must be served in prison. The part of a prison sentence that is deemed to be a parole period may be served in the community under supervision. Decisions about the release of ACT prisoners on parole, the discipline of parolees and the revocation of parole are the function of the Sentence Administration Board.

Establishment of the Board The Sentence Administration Board (the Board) replaced the Parole Board. It was formed with the introduction of the Rehabilitation of Offenders (Interim) Act 2001, which came into effect on 24 September 2001, repealing the Parole Act 1976. The new Act introduced a number of additional statutory requirements for the administration of sentences of imprisonment. These changes are designed to improve the capacity of the Board to manage offenders and provide more clearly for due process.

Functions The functions of the Board are to — • consider the release on parole of sentenced offenders for whom a court has set a non-parole period; • decide additional conditions of parole orders; • monitor parole orders; • decide the consequences of sentenced offenders failing to comply with their obligations under parole orders; • provide advice to the Minister about sentenced offenders at the Minister’s request; and, • exercise any other function given to the Board under the Act or any other Territory law.

Review The Board experienced a further increase in workload this financial year, continuing the trend of recent years. The increase is attributable to an increasing number and complexity of cases and greater statutory requirements upon the Board and parole officers. A particular consequence of the increased statutory requirements is that the Board is considering a significantly higher number of cases where parolees have breached their orders.

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In addition, the Board is seeing an increasing number of prisoners approaching their parole date, inadequately prepared for release. The Board lacks the power of parole authorities in most States to influence the case management of prisoners, because ACT prisoners are held in N.S.W. institutions. The Board is keen to promote access for ACT prisoners to treatment and programs well before the expiry of a prisoner’s non-parole period so that a prisoner is well prepared for release at the earliest opportunity. Delays in preparing prisoners for release contributed to an increased number of hearings and considerations. In December 2002, the Rehabilitation of Offenders (Interim) Act 2001 was amended to address a number of deficiencies in the parole process in the ACT. Consequential amendments were also made to the Remand Centres Act 1976 (to provide for a parolee under arrest to be held there instead of the AFP City Watch House pending a Board hearing) and the Crimes Act 1900 to clarify sentences. A number of welcome administrative changes were made to the Rehabilitation of Offenders (Interim) Act 2001.The amendments also created a more appropriate balance between the rights of victims and offenders; provided protection for members, witnesses and legal practitioners appearing before the Board; and expanded the capacity for parolees in custody to be held at the Belconnen Remand Centre pending resolution of their breach proceedings. This year the Board was active in liaising with ACT and NSW agencies to develop a better understanding of those agencies’ services and functions and to promote the Board’s role in the management of parolees. Visits were conducted to Ainslie Village, Samaritan House and the Karralika Therapeutic Community. The Board was impressed with the level of care and commitment to service that is extended to clients of these agencies. The visits have facilitated more streamlined case plans for parolees who are clients of those services. The Board also visited Goulburn and Berrima Correctional Centres and was encouraged by the achievements being made in prisoner management at Berrima Correctional Centre. As a result of those visits the Board has a greater appreciation of the challenges involved in providing prisoners with opportunities to participate in rehabilitative programs. The chairperson and secretary visited the Parole Board of NSW for two days, attending meetings of the NSW Board and consulting with Board members and staff. The Board recently made arrangements to visit Junee Correctional Centre early in the new financial year.

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The Board continues to liaise closely with ACT Corrective Services concerning the management of parolees. This on-going process was enhanced this year by Corrective Services’ decision to establish a dedicated team of officers to supervise offenders on parole. The establishment of the parole team has resulted in a more focused and productive exchange of information between the Board and Corrective Services.

Membership The Sentence Administration Board currently comprises a chairperson, a deputy chairperson and four members. The Minister appoints members for a term not exceeding three years. The chairperson and deputies may only be appointed if they are judicially qualified. The criteria for judicial qualification are: a person who is a judge or retired judge of the Supreme Court of the ACT; a serving or retired magistrate; or a person qualified to be appointed as a resident judge of the Supreme Court of the ACT. Membership as at 30 June 2003. Chairperson Professor David Hambly Deputy Chairperson Mr Christopher Chenoweth Members Ms Rosemary Walsh Mr John Hyndes Mr Michael Beattie Mr Mark Johnsen

This year the Board welcomed the appointment of Detective Superintendent Mark Johnsen as member. Mr Keith Clarke, a member of the Board since 24 July 1995, resigned during the year because of his commitments as the General Manager of Aboriginal Hostels Ltd. Throughout his seven years on the Board, his contribution to its work was greatly valued by all his colleagues.

Board Meetings The Board met on 48 occasions for 2002-2003 (an increase of 5 meetings from the previous year). On 5 occasions the Board met by way of electronic communication to consider matters of urgency.

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Release on parole Release on parole is an integral part of the transition process from imprisonment to community life. The Board is aware of the potential benefits to both the offender and the community in the provision of a period of supervision in which the parolee is monitored and assisted by a correctional officer. Public interest is the primary consideration for the Board when deciding whether or not it is appropriate to make a parole order. The Board considers each case for release with regard to the particular needs of prisoners and the circumstances they are likely to face when released into the community. In deciding whether to make a parole order, the Board is required under the Rehabilitation of Offenders (Interim) Act 2001 to have regard to certain matters such as relevant documentation, reports and submissions. Should the Board decide to release a prisoner, it does so conditionally. Conditions of parole are designed to protect victims and the community, and to reduce the likelihood of offending behaviour through the provision of suitable rehabilitative processes. In addition to standard conditions, additional conditions may be included that are appropriate for the individual parolee. Prisoners who are initially refused parole, and those who are returned to prison because their parole order is revoked, are not excluded from release on parole at a later date.

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Parole orders The Board considered 187 matters relating to release on parole (any one offender could be included more than once in this total). This is an increase of 22% over the previous year. The Board initially endeavours to make a parole order based on the reports received. When the Board is of the opinion that it is not justified in making a parole order, the prisoner is given an opportunity to make a submission either in writing or in person. A ‘parole hearing’ occurs when a prisoner chooses to appear before the Board to make a submission. A prisoner is entitled to be represented at a hearing by either a legal representative or other representation with permission from the Board.

TABLE 1 – PAROLE ORDERS

1998-99 1999-00 2000-01 2001-02 2002-03

Total number of parole 42 57 82 73 92 orders made Parole hearings 3 9 4 12 18 Orders refused after 3 5 4 3 11 parole hearing

100 90 80 Total number of parole 70 orders made 60 50 Parole hearings 40 Orders refused after 30 parole hearing 20 10 0 1998- 1999- 2000- 2001- 2002- 99 00 01 02 03

1 The counting definition for considerations of the Board was altered for the year 2001/2002. This figure should not be used for comparison with previous reports.

348 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Sentence Administration Board of the ACT

Breaches of parole conditions Police officers can report breaches of parole to the Board. Parole officers have a statutory requirement to report all breaches. In such circumstances the parolee may be required to appear before the Board. During the year, the Board considered 194 matters relating to breaches of parole conditions (any one offender could be included more than once in this total) . This is an increase of 13% from the previous year. If a breach of parole conditions is proved, the Board may take any of the following actions: •revoke the parole order; •give the offender a formal warning; • impose additional conditions on the order or amend existing conditions; •give directions to a corrections officer about the supervision of the offender; or •note the matter and apply no penalty or variation to conditions.

TABLE 2 – OUTCOMES OF INQUIRIES INTO BREACH MATTERS

1998-99 1999-00 2000-01 2001-02 2002-03

Orders revoked 9 4 11 25 24 Formal warnings 11 9 15 39 36 Variations to conditions 1 2 5 13 5 No penalty 3 4 4 7 13

No penalty 17% Orders revoked 30% Variations to conditions 6%

Formal warnings 47%

2002-2003

1 The counting definition for considerations of the Board was altered for the year 2001/2002. This figure should not be used for comparison with previous reports.

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Automatic revocations When a parolee is sentenced to a period of imprisonment for an offence committed while they are subject to a parole order, the order is automatically revoked by the imposition of the sentence.

TABLE 3 – AUTOMATIC REVOCATIONS

1998-99 1999-00 2000-01 2001-02 2002-03

Parole orders revoked by 6 5 6 8 3 imposition of sentence of imprisonment

Transfer of parole orders interstate The Parole Orders (Transfer) Act 1983,provides for the interstate transfer of parole orders. Once a parole order is formally transferred to another state, that order becomes an order of the receiving state and is managed according to that state’s laws. The Secretary of the Board is responsible for administering the transfer of parole orders.

TABLE 4 – ORDERS TRANSFERRED OUT OF THE A.C.T. TO:

State 2001-02 2002-3

New South Wales 9 15 Northern Territory 1 - Queensland 3 2 Victoria 2 1 Western Australia - - South Australia 1 - Tasmania - 1

TABLE 5 ORDERS TRANSFERRED INTO THE A.C.T. FROM:

State 2001-02 2002-03

New South Wales 7 4 Northern Territory - - Queensland 1 - Victoria - - Western Australia - 1 South Australia 1 - Tasmania - -

350 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety annexed reports Sentence Administration Board of the ACT

Victims Following the arrest, prosecution and sentencing of an offender, victims may wish to continue to be informed about matters such as the Board’s decision regarding the release of an offender to parole, the date the sentenced offender is released to parole and the offender’s obligations under any parole order made for him or her. As well as allowing victims to have greater access to relevant information about sentenced offenders, the Rehabilitation of Offenders (Interim) Act 2001 has provided the right for victims of crime to be formally and comprehensively involved in decisions made about offenders, through a process of registration on the ACT Victims’ Register.

Victims’ Register The Victims’ Register is maintained by the Secretariat of the Board. With the consent of the victim, the register records their name, contact details, the name of the offender, and any other details of the offence. Details maintained in the register are confidential. The Secretariat uses details recorded in the register to contact registered victims in relation to an offender who is about to be considered for release to parole. Registered victims may make submissions about the release of a relevant offender, advising the Board of any concerns they might hold for their safety and the safety of others and about any need for protection from violence or harassment by the offender. Victims are encouraged to advise the Board of the likely effect that the sentenced offender’s release to parole may have upon them and their families, and if necessary to request that conditions are placed on an offender’s parole order. Family representatives or other interested parties are also able to make submissions on a victim’s behalf. If a prisoner is not released to parole, the Board releases certain information to the prisoner that it had relied upon to make its decision. The Act provides that victims’ submissions do not have to be released to the prisoner (or any other person) if a judicial member considers that there is a substantial risk that doing so would endanger a victim or anyone else. Victims may request that their submissions be withheld from the offender because of concerns they may have for their safety. Unlike some other Australian jurisdictions, the Board must consider the likely effect on any victim and the victim’s family of the release of the offender on parole, and any concern (of which it is aware) about the need of the victim or the victim’s family for protection from violence or harassment by the offender. The Board must consider any submissions by a victim when making a decision whether or not to release an offender to parole.

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Number of decisions made to release to parole 15

60 Decisions made to release to parole with no registered victims and/or submissions Decisions made to release to parole with registered victims and/or submissions

Number of decisons made not to release to parole

15

31

Decisions made not to release to parole with no registered victims and/or submissions Decisions made not to release to parole with registered victims and/or submissions

Acknowledgments The Board is pleased once again to place on record its appreciation for the cooperation and assistance given to it by officers of the ACT Department of Justice & Community Safety, particularly ACT Corrective Services, the Australian Federal Police and NSW Corrective Services.

David Hambly Chairperson Sentence Administration Board of the Australian Capital Territory August 2003

352 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Compliance index

ANNUAL REPORT 2002 – 2003 Compliance index Contents Page 5

Glossary 8

Chief Executive’s Overview 11

Transmittal Certificates 2

Contact Officer and Website Address 4

Overview Mission Statement 16 Organisational Profile and Content (Structure Chart) 17 Corporate Governance 18 External Scrutiny 19

Year in Review (Objectives, Major Achievements and Issues) 21

Financial and Performance Statements Volume 2

Whole of Government Issues 113 Key Issues Community Engagement 115 Aboriginal and Torres Strait Islander Reporting 120 Multicultural Framework 120 Fraud Prevention 121 Equity and Diversity 122 Justice Options and Prevention Policy Framework 122 Resources and Ownership Agreement Reporting 125 Ownership Agreement 125 Certified Agreements 125 Staffing Profile 125 Australian Workplace Agreements 130 Workers’ Compensation 131 Learning and Development 131 Consultancy and Contractor Services 131 Capital Works Management 137 Asset Management Strategy 138

354 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Compliance index Statutory Requirements 141 Occupational Health and Safety 141 Commissioner for the Environment 143 Public Interest Disclosure 143 Government Contractual Debts (Interest) 143 Freedom of Information Statement 143 Ecologically Sustainable Development 151

Appendices 153 Reports by the Auditor-General 154 Reports by the Ombudsman 154 Legislative Assembly Committee Inquiries and Reports 154 Legislation 155 Regulatory Activities 157 Advisory and Consultative Boards and Committees 162 Service Purchasing Arrangements/Community Grants/Assistance/ Sponsorship 170 Other Sources of Information 171

Annexed Reports 173 Administrative Appeals Tribunal 177 Agents Board of the ACT 183 Chief Coroner of the Australian Capital Territory 241 Children’s Court 251 Commissioner for Land and Planning 255 Credit Tribunal 259 Discrimination Tribunal 263 Essential Services Consumer Credit 269 Guardianship and Management of Property Tribunal 303 Mental Health Tribunal 313 Official Visitor – Remand 325 Registrar of Co-operative Societies 333 Residential Tenancies Tribunal 237 Sentence Administration Board of the Australia Capital Territory 343

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 355 Alphabetical index

Alphabetical index A Aboriginal and Torres Straight Islander Reporting 120 ACT Law Courts & Tribunals 31 ACT legislation register 55, 58 Administrative Appeals Tribunal, ACT 177 Advisory and Consultative Boards and Committees 162 Agents Act 2003 27 Agents Board 183 Ambulance Service, ACT 84 Asset Management Strategy 138 Auditor-General’s Reports 154 Australian Workplace Agreements 130 B Belconnen Remand Centre 99, 327 Bill of Rights 24 Births, Deaths and Marriages 66 Bushfires 80, 96 Bushfire Service and ACT Emergency Service, ACT 86 Business Names and Associations 69 C Capital Works Management 137 Certified Agreements 125 Chief Coroner of the ACT 242 Chief Executives Overview 11 Children’s Court 252 Commissioner for Land and Planning 256 Commissioner for the Environment 143 Commonwealth Grants Commission 19 Community Engagement 115 Community Liaison Advisory Safety Program (CLASP) 93 Complaint Procedures 119 Compliance Index 353

356 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Alphabetical index

Consultancy and Contractor Services 131 Coroner’s 2003 Bushfire Inquiry 35 Corporate Governance 18 Corrective Services, ACT 97 Counter Terrorism Policy 25 Court of Appeal 32 Credit Tribunal, ACT 260 D Discrimination Tribunal 264 Drink Spiking 26 E Ecologically Sustainable Development 151 EEO Staff Representation 130 Emergency Services Bureau 77 Equity and Diversity 122 Essential Services Consumer Council 270 External Scrutiny 19 F Fair Trading Advisory Committee 28, 117 Fair Trading, Office of 28 Fire Brigade, ACT 87 Fraud Prevention 121 Freedom of Information 143 G Government Contractual Debts (Interest) 143 Government Solicitor’s Office, ACT 45 Guardianship and Management of Property Tribunal 304 H I J Justice Options and Prevention Policy Framework 122 Juvenile Fire Awareness and Intervention Program 89 K

ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety 357 Alphabetical index

L Land Titles 70 Law Courts and Tribunals, ACT 31 Learning and Development 131 Legislation 155 Legislative Assembly Committee Inquiries and Reports 154 Legislative Reform 59 M Magistrates Court, ACT 32 Mental Health Tribunal 314 Mission Statement 16 Motor Vehicle Service and Repair Industry Campaign 26 Multicultural Framework 120 N O Objectives, Major Achievements and Issues 21 Occupational Health and Safety 141 Offender Intervention Programs 103 Official Visitor - Remand 326 Ombudsman’s Reports 154 Organisational Profile and Content 16 Ownership Agreement 125 P Parliamentary Counsel’s Office 53 Periodic Detention Centre 100 Policy and Regulatory Division 23 Prison Project, ACT 108, 110 Public Interest Disclosure 143 Public Access to Legislation Project 55 R Registrar-General’s Office 65 Registrar of Co-operative Societies 334 Regulatory Activities 157 Rental Bonds 71 Residential Tenancies Tribunal 338 Right Turn Project 26 Road Awareness and Accident Prevention Program 89

358 ANNUAL REPORT 2002 – 2003 ACT Department of Justice & Community Safety Alphabetical index

S Same Sex, Transgender and Intersex law Reform 24 Security Industry 27 Sentence Administration Board of the ACT 344 Service Purchasing Arrangements 170 Snowy Hydro SouthCare 85 Staff Development and Training (ESB) 91 Staffing Profile 125 Stolen Property Recidivist Research 26 Structure Chart 17 Supreme Court, ACT 33 Symonston Temporary Remand Centre 99, 329 T Tenancy Tribunal 175 Tenants Advice Service 170 Tort Reform 25 Trade Measurement Licensing Accreditation Scheme 27 Transmittal Certificates 2, 3 Tribunals 33 U Urban Search and Rescue 89 V W Workers’ Compensation 131 Y Year in Review 21 Z

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