<p>C.1 Risk Management and Internal <br>Audit </p><p>Internal Audit </p><p>The Directorate’s Audit Committee oversees, on behalf of the Director-General, the Directorate’s governance, risk, compliance and internal control environments, and provides assurance as to their effectiveness.&nbsp;The Committee acts independently of management. The&nbsp;EDD Audit Committee Charter was reviewed and agreed (with only minor amendments) in November 2012.&nbsp;There were no changes to the membership of the Audit Committee during the financial year. </p><p>Annual and forward audit programs are guided by governance, risk and compliance programs and are supported by an Audit Recommendations Implementation Register. The Directorate’s three-year internal audit program was agreed by the Senior Executive Committee and by the Audit Committee in November 2012, with the program including a balance of compliance and performance audits across the three years. </p><p>A significant matter of interest for the EDD Audit Committee during this reporting year was the implementation of recommendations identified by the Auditor-General during the 2011-12 financial audit, to improve the control framework in place within the Directorate. By the end of the 2012-13 reporting year the majority of recommendations had been addressed and completed.&nbsp;The Audit Committee specifically congratulated the relevant areas of the Directorate on their work in documenting and improving governance and control processes. </p><p>Four internal audits were completed during the reporting year, with a further three internal audits undertaken but not yet complete at the end of the year.&nbsp;The internal audits completed and presented to the EDD Audit Committee during the 2012-13 reporting year were: </p><p>••••</p><p>Follow Up Audit – Territory Venues and Events – November 2012 Review of credit card usage – May 2013 Review of the payment of invoices – May 2013 Review of salary acquittal reports – June 2013 </p><p>The EDD Audit Committee met on six occasions during 2012-13.&nbsp;The number of meetings attended by Committee members and observers is as follows: </p><p>Name of Member </p><p>John Thwaite </p><p></p><ul style="display: flex;"><li style="flex:1">Position </li><li style="flex:1">Duration </li></ul><p></p><p>Full year Full year Full year Full year Full year </p><p>Meetings attended </p><p>Independent Chair External Member Member <br>65635<br>Ian Hubbard Cathy Hudson Shane O’Leary Anita Hargreaves <br>Member Observer (EDD) </p><p>ECONOMIC DEVELOPMENT DIRECTORATE </p><p><strong>234 </strong></p><p>Name of Member </p><p>Dermot Walsh </p><p></p><ul style="display: flex;"><li style="flex:1">Position </li><li style="flex:1">Duration </li></ul><p></p><p>Full year Full year Part year Part year Full year </p><p>Meetings attended </p><p></p><ul style="display: flex;"><li style="flex:1">Observer (EDD) </li><li style="flex:1">5</li></ul><p>2316</p><ul style="display: flex;"><li style="flex:1">Brett Stanton </li><li style="flex:1">Observer (ACT Audit Office) </li></ul><p>Observer (ACT Audit Office) Observer (ACT Audit Office) Secretariat <br>Jordan Langford-Smith David O’Toole Imogen Davis </p><p>Risk Management </p><p>In accordance with the requirements of the ACT Government Enterprise-Wide Risk Management Framework, a risk management policy and framework is in place to support EDD to effectively achieve its objectives.&nbsp;The Director-General's Financial Instruction No 1.2 <em>Risk Management </em>details the primary responsibilities and accountabilities in relation to risk management and related reporting.&nbsp;Additionally, the EDD Risk Management Framework and Policy Statement sets out the objectives, processes and accountabilities for the management of risk within EDD such that it is systematic, strategic and effective.&nbsp;The EDD Risk Register and Plan identifies the key Directorate risks, their causes, impacts and mitigation strategies.&nbsp;These documents were approved by the Senior Executive Committee in September 2012 (following a review of the June 2012 version of these documents) to ensure their robustness.&nbsp;Their availability via the EDD Intranet was highlighted to staff in a December 2012 all staff message from the Director-General. </p><p>EDD’s risk management policy, framework and plans are formally reviewed at least every three years.&nbsp;Processes have been implemented to ensure the EDD Risk Register is regularly monitored, updated as relevant by Executives and business units, and reviewed by the Senior Executive and Audit Committees.&nbsp;A review was completed in the second half of the reporting year to identify changes to recorded risks, identify new risks, and review risk treatments and the effectiveness of controls in place.&nbsp;The revised Register was approved in May 2013.&nbsp;Business units also include risks and treatments from the organisational risk management plan, and business-specific risks into business and/or project plans. </p><p>EDD has recently reviewed its Intranet site to ensure it provides ready access to information to assist staff within the Directorate in relation to risk management including available training.&nbsp;A May 2013 all staff message from the Director-General encouraged all staff to attend risk management training as relevant to their work in EDD. </p><p><strong>Further information may be obtained from: </strong></p><p>Ms Anita Hargreaves Director Workforce and Governance Phone: +61&nbsp;2 6205 9626 Email: <a href="mailto:[email protected]" target="_blank">[email protected] </a></p><p><strong>ANNUAL REPORT 2012-13 </strong></p><p><strong>235 </strong></p><p>C.2 Fraud Prevention </p><p>As required under the ACT Public Service (ACTPS) Integrity Policy, the Economic Development Directorate (EDD) has in place a Fraud and Corruption Prevention Plan and a Fraud Risk Register, approved by the Directorate’s Senior Executive Committee in September 2012 following review of the June 2012 version of these documents to ensure their robustness.&nbsp;Additionally, the Director-General’s Financial Instruction No 1.6 <em>Integrity and Reporting </em>details the primary responsibilities and accountabilities in relation to fraud, integrity, and related reporting. </p><p>The main objective of the <em>EDD Fraud and Corruption Prevention Plan 2012-2014 </em>is to </p><p>prevent, to the greatest extent possible, all incidents of fraud and corruption against the Directorate. The Plan provides the basis upon which EDD controls fraud and identifies those key activities undertaken by the Directorate that require the implementation of additional controls to reduce the likelihood of fraud occurring. Processes have been implemented to ensure the Fraud Risk Register is regularly monitored, updated as relevant by Executives and business units, and endorsed by the Senior Executive and Audit Committees.&nbsp;A review was completed and an updated Register endorsed in May 2013. </p><p>Fraud and ethics training opportunities are available to staff through the Directorate’s training and development program.&nbsp;An Ethics and Fraud Awareness training session was delivered in May 2013.&nbsp;Fraud and corruption prevention and awareness is also delivered as a component of EDD’s quarterly Induction Program, along with presentations on the ACTPS Code of Conduct, values and signature behaviours.&nbsp;A training session for </p><p>Managers <em>Dealing with Misconduct and Inappropriate Behaviour in the Workplace</em>, was </p><p>delivered in July 2012, and is available through the ACTPS training calendar. The Senior Executive team demonstrates, promotes, instills and fosters high standards of professionalism, integrity and work ethics in all staff.&nbsp;In December 2012 the Director-General requested that staff familiarise themselves with key governance </p><p>documents, including the <em>EDD Fraud and Corruption Prevention Plan 2012-2014</em>, </p><p>available via the EDD Intranet.&nbsp;In the second half of 2012-13 the Director-General also reminded staff of their collective responsibilities to act ethically and with integrity in the work of the Directorate. </p><p>EDD has recently reviewed its Intranet site to ensure it provides ready access to information to assist staff within the Directorate in relation to fraud and integrity. Documents available include the Purchase of Land from LDA Joint Venture and LDA Estates Policy and associated Fast Facts. This outlines expectations for staff and members of their immediate family taking part in purchases of land from the Land Development Agency.&nbsp;The policy advises of actions required to ensure there is no actual or perceived conflict of interest in the land purchase process.&nbsp;In October 2012, a Director-General message to all staff, and discussion at the EDD Senior Manager’s Forum in June 2013, reminded staff of this policy. </p><p>ECONOMIC DEVELOPMENT DIRECTORATE </p><p><strong>236 </strong></p><p>Senior Executive Responsible for Business Integrity Risk </p><p>The Director, Workforce and Governance is the Directorate’s Senior Executive Responsible for Business Integrity Risk (SERBIR) and manages information pertaining to actual, alleged or suspected cases of fraud.&nbsp;The EDD Senior Executive Committee and Audit Committee receive regular reports from the SERBIR. </p><p>During 2012-13 the instance of potential fraud identified and reported in EDD’s 2011-12 Annual Report was finalised, the matter rectified and a formal warning given. One incident of suspected fraudulent behaviour relating to petty cash handling was reported and an investigation was completed during the 2012-13 period.&nbsp;As a result of the investigation, changes have been made to the processes followed and training provided to relevant staff. </p><p><strong>Further information may be obtained from: </strong></p><p>Ms Anita Hargreaves Director Workforce and Governance Phone: +61&nbsp;2 6205 9626 Email: <a href="mailto:[email protected]" target="_blank">[email protected] </a></p><p><strong>ANNUAL REPORT 2012-13 </strong></p><p><strong>237 </strong></p><p>C.3 Public Interest Disclosure </p><p>Public Interest Disclosure (PID) Procedures </p><p>During the 2012-13 reporting year, two different pieces of legislation were in place to regulate public interest disclosures (PIDs), also known as ‘whistle-blowing’.&nbsp;The <em>Public Interest Disclosure Act 1994 </em>provided a vehicle for any members of the public, including ACT public servants, to report wrongdoing in the ACT public sector, and provided rights and protection to persons who reported wrongdoing.&nbsp;Under that piece of legislation, in early September 2012 the Directorate prepared a guidance document setting out the procedures that the Directorate would use to receive, investigate and manage a public interest disclosure.&nbsp;This document was placed on the Directorate’s website and promulgated to all staff via email. </p><p>The new <em>Public Interest Disclosure Act 2012 </em>(the Act) commenced on 1 February </p><p>2013, and improves on the previous legislation by broadening and clarifying the types of wrongdoing that fall within the definition of disclosable conduct; establishing a clear reporting pathway for the receipt and handling of disclosures; and providing specific circumstances under which a disclosure can be made to a third party. </p><p>As required under the Act, the Commissioner for Public Administration’s office prepared </p><p><em>Public Interest Disclosure Guidelines 2013 </em>(the Guidelines) to assist ACT Public Sector </p><p>entities to meet their obligations under the new legislation.&nbsp;The Guidelines are a notifiable instrument (NI2013-40) which came into effect on 7 June 2013. </p><p>The Act also requires the Directorate to publish specific procedures detailing how PIDs will be managed.&nbsp;The procedures must detail how the Directorate will meet the obligations to protect disclosers and how the Directorate will assess and manage the risk of reprisals against people who make a PID, or are involved or implicated in a PID.&nbsp;The procedures must align with the Commissioner for Public Administration’s guidelines.&nbsp;The Directorate’s procedures are currently being finalised. </p><p>PID Statistics </p><p>During the 2012-13 reporting year the Directorate was referred one complaint, from the Commissioner for Public Administration.&nbsp;Careful consideration was given to the complaint to assess whether it constituted a public interest disclosure.&nbsp;The outcome of the assessment was that the complaint did not amount to a public interest disclosure for the purposes of the Act.&nbsp;The complainant was advised accordingly. </p><p><strong>Further information may be obtained from: </strong></p><p>Ms Anita Hargreaves Director Workforce and Governance Phone: +61&nbsp;2 6205 9626 Email: <a href="mailto:[email protected]" target="_blank">[email protected] </a></p><p>ECONOMIC DEVELOPMENT DIRECTORATE </p><p><strong>238 </strong></p><p>C.4 Freedom of Information </p><p>The <em>Freedom of Information Act 1989</em>: </p><p>•</p><p>provides for general access to documents of agencies and official documents of Ministers, subject to certain exemptions; </p><p>•</p><p>provides for the amendment of records about personal affairs of an applicant that the applicant believes to be incorrect, incomplete, out of date or misleading; </p><p>••</p><p>establishes a system to review certain decisions at various levels; and requires the publication of information on the functions and official documents of an agency, and that particular documents be available for inspection and sale. </p><p>Section 7 Statement </p><p>Section 7 of the <em>Freedom of Information Act 1989 </em>(FOI Act) requires the Directorate to prepare and publish a statement outlining the organisation’s functions and powers, the categories of documents available and facilities provided for access to documents. </p><p>Organisation Function and Powers </p><p>The Directorate’s primary objectives are to work with the business community in relation to economic development and business support programs and to design and deliver the Government’s land release program.&nbsp;The Directorate leads the ACT and Capital Region tourism industry to create and implement a variety of marketing and development programs. The&nbsp;Directorate also facilitates access to a range of sporting and recreation activities by managing sporting programs, venues, sportsgrounds and community events and provides policy advice on land and economic matters, as well as gambling and racing matters. </p><p>Legislation administered by the Directorate is listed in Section B.4 of this report. </p><p>Public Participation in Decision Making </p><p>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 Freedom of Information (FOI) requests, comments on draft documents, comments on Bills before the Assembly and contact with the relevant Minister. </p><p>Categories of documents </p><p>The Directorate holds the following categories of documents: </p><p>•••</p><p>those that are freely available on request and without charge; those that are exempt under the FOI Act; and all other kinds of documents that may be made available under the FOI Act. </p><p><strong>ANNUAL REPORT 2012-13 </strong></p><p><strong>239 </strong></p><p><em>Documents available on request and without change </em></p><p>Documents within this category include publications by the Directorate on various aspects of its activities.&nbsp;These documents are usually distributed at events, from the offices of the Directorate, and are generally available on the Directorate’s website.&nbsp;Other documents include discussion papers, information pamphlets and annual reports. </p><p><em>Documents available under the Freedom of Information Act (FOI Act) </em></p><p>Documents of other kinds that may be available under the FOI Act include: </p><p>•</p><p>general records, including internal, interdepartmental and public documents such as minutes of meetings, agendas and background papers, policy statements, correspondence and administrative records; </p><p>••</p><p>personnel records; records held on microfilm, computer or paper in connection with Directorate functions; </p><p>•••••••</p><p>photographs, videos and film; maps, plans and brochures; technical and scientific reports and discussion papers; financial records; details of contracts and tenders; files on applicants and clients; and leases and deeds of agreement. </p><p>Facilities for Access </p><p>People seeking information are encouraged to first contact the Directorate before using the more formal FOI process. </p><p>The Directorate’s contact for FOI is: The FOI Coordinator Economic Development Directorate GPO Box 158 Canberra ACT 2601 </p><p>The physical location of the FOI Coordinator is: Level 2, Telstra House 490 Northbourne Avenue Dickson ACT 2602 Telephone: (02) 6207 5833 <a href="mailto:[email protected]" target="_blank">Email: [email protected] </a></p><p>Several bus stops are close to Telstra House and short term parking is located off Challis Street Dickson including disabled car park spaces. The building has wheelchair and elevator access. </p><p>ECONOMIC DEVELOPMENT DIRECTORATE </p><p><strong>240 </strong></p><p>Section 8 Statement </p><p>Section 8 of the FOI Act requires the principal officer to prepare and make available each year a statement listing all publicly accessible documents that are used by the Directorate in making decisions under a legislative scheme.&nbsp;A copy of the Section 8 statement is <a href="/goto?url=http://www.economicdevelopment.act.gov.au" target="_blank">available online at www.economicdevelopment.act.gov.au </a></p><p><strong>Freedom Of Information Guidelines </strong></p><p>The Directorate’s FOI Help Guide is available on the Directorate’s website, which aims to assist prospective applicants to make an FOI request.&nbsp;The Directorate has also prepared internal Guidelines for Managers and Staff, to inform decision makers and action officers about the FOI Act, their roles and responsibilities in managing responses to applications in accordance with the FOI Act. </p><p>Section 79 Statement </p><p>Section 79 of the FOI Act requires the Directorate to include in the Annual Report details of applications made to the Directorate during the year.&nbsp;Access decisions in relation to FOI requests are categorised in terms of: full access granted; partial access granted; entirely exempt; access refused to all documents (technical refusal); decision still pending; transferred; and withdrawn. </p><p>During the 2012-13 financial year, the Economic Development Directorate received 24 applications under the FOI Act for access to documents. </p><p><strong>Time taken to finalise FOI Requests </strong></p><p>Number of FOI Requests Received <br>30 Days or less <br>31 to 45 Days <br>46 to 60 Days <br>61 to 90 Days <br>91 Days or more <br>Not yet finalised as of 30 June 2013 </p><p>1<sup style="top: -0.2498em;">1 </sup></p><p></p><ul style="display: flex;"><li style="flex:1">24 </li><li style="flex:1">21 </li><li style="flex:1">0</li><li style="flex:1">0</li><li style="flex:1">0</li><li style="flex:1">2</li></ul><p></p><p><strong>Access Decisions </strong></p><p></p><ul style="display: flex;"><li style="flex:1">Full Access </li><li style="flex:1">Partial </li></ul><p>Access <br>Entirely Exempt <br>Technical Refusal </p><ul style="display: flex;"><li style="flex:1">Withdrawn </li><li style="flex:1">Transferred </li></ul><p>to another Directorate <br>Not yet provided </p><p></p><ul style="display: flex;"><li style="flex:1">5<sup style="top: -0.2498em;">2 </sup></li><li style="flex:1">0<sup style="top: -0.2498em;">3 </sup></li></ul><p></p><p></p><ul style="display: flex;"><li style="flex:1">1</li><li style="flex:1">9</li><li style="flex:1">3</li><li style="flex:1">4</li><li style="flex:1">2</li></ul><p></p><p><strong>Decisions Appealed </strong></p><p>Requests for Internal Review </p><ul style="display: flex;"><li style="flex:1">Decision Affirmed </li><li style="flex:1">Partial Access </li><li style="flex:1">Overturned </li></ul><p></p><p>1<sup style="top: -0.2498em;">4 </sup></p><p></p><ul style="display: flex;"><li style="flex:1">2</li><li style="flex:1">1</li><li style="flex:1">0</li></ul><p></p><p><strong>ANNUAL REPORT 2012-13 </strong></p><p><strong>241 </strong></p><p><strong>Referrals to the ACT Civil and Administrative Tribunal (ACAT) </strong></p><p></p><ul style="display: flex;"><li style="flex:1">Request to ACAT </li><li style="flex:1">Affirmed </li><li style="flex:1">Overturned </li><li style="flex:1">Not yet finalised </li></ul><p></p><p></p><ul style="display: flex;"><li style="flex:1">0</li><li style="flex:1">0</li><li style="flex:1">0</li><li style="flex:1">0</li></ul><p></p><p><strong>Fees and Charges (For requests with &gt;10 hours processing time) </strong></p><p></p><ul style="display: flex;"><li style="flex:1">Fees Charged </li><li style="flex:1">Total Amount Collected </li></ul><p></p><p>$1,935.00<sup style="top: -0.2498em;">5 </sup><br>$0.00 </p><p><strong>Applicant Type </strong></p><p></p><ul style="display: flex;"><li style="flex:1">Member of Public </li><li style="flex:1">Solicitor </li><li style="flex:1">Association/ </li><li style="flex:1">MLA </li><li style="flex:1">Company </li></ul><p>Organisation </p><p></p><ul style="display: flex;"><li style="flex:1">7<sup style="top: -0.2498em;">6 </sup></li><li style="flex:1">8<sup style="top: -0.2498em;">7 </sup></li></ul><p></p><p></p><ul style="display: flex;"><li style="flex:1">2</li><li style="flex:1">3</li><li style="flex:1">4</li></ul><p></p><p><strong>Requests to Amend Personal Records (Section 48) </strong></p><p>Section 48 of the FOI Act provides for a person, under specified circumstances, to ask for personal information in the documents to be amended if he or she believes they are incomplete, incorrect, out of date, or misleading – providing the person establishes one of these grounds. </p><p></p><ul style="display: flex;"><li style="flex:1">Requests </li><li style="flex:1">Affirmed </li><li style="flex:1">Overturned </li><li style="flex:1">Ongoing </li></ul><p></p><p></p><ul style="display: flex;"><li style="flex:1">0</li><li style="flex:1">0</li><li style="flex:1">0</li><li style="flex:1">0</li></ul><p></p><p>1. In&nbsp;order to finalise this request an extension was granted by the applicant.&nbsp;The FOI request was completed a day after the original 30 day deadline. <br>2. Technical&nbsp;Refusal refers to requests in which the Directorate holds no documents within the scope of the applicant’s request. <br>3. Whilst&nbsp;no requests were transferred in full to another Directorate, three requests to transfer were declined by the respective Directorates due to the requested documents not being in existence. Two requests were partially transferred in which the relevant Directorate was required to facilitate the processing of the request in addition to the request processed by the Directorate. <br>4. The&nbsp;decision deemed overturned was due to the single draft document requested, not been found in the original search for documents. <br>5. This&nbsp;figure represents a conservative estimate of charges in relation to three FOI requests covering the same scope, received from a Member of the Legislative Assembly (MLA). Following the letter advising of the quantum of charges to be imposed, the three requests were withdrawn therefore no fees were received. <br>6. Of&nbsp;the seven requests from members of the public, five requests related to the Williamsdale airfield proposal. 7. MLAs&nbsp;had interest in a variety of the Directorate’s activities including: the termination of the Canberra <br>Integrated Urban Waterways Project (part B, stage 1), the Parliamentary Agreement between ACT Labor and the ACT Greens (November 2013), the Capital Metro project; and communication between the Directorate and the Minister’s office around the time of the caretaker period. </p>