Annual Report 2015 – 2016 Office of the Secretary Parramatta Justice Precinct Locked Bag 5111 Parramatta NSW 2124 www.justice.nsw.gov.au The Hon. Troy Grant MP Deputy Premier Minister for Justice and Police Minister for the Arts Minister for Racing 52 Martin Place SYDNEY NSW 2000 The Hon. Gabrielle Upton MP Attorney General 52 Martin Place SYDNEY NSW 2000 The Hon. David Elliott MP Minister for Corrections Minister for Emergency Services Minister for Veterans Affairs 52 Martin Place SYDNEY NSW 2000 31 October 2016 Dear Ministers I am pleased to submit the Department of Justice Annual Report 2015-16. The Department of Justice Annual Report 2015-16 encompasses the annual report of the Independent Liquor and Gaming Authority 2015-16. Part 5, Section 39 of the Gaming and Liquor Administration Act 2007 notes that a report under the Annual Reports (Departments) Act 1985 in respect of the Department may include any annual report required to be made in respect of the Authority under the Annual Reports (Statutory Bodies) Act 1984. The Department of Justice Annual Report 2015-16 and the accompanying financial statements have been prepared in accordance with the Annual Reports (Departments) Act 1985 and the Public Finance and Audit Act 1983. The Independent Liquor and Gaming Authority Annual Report 2015-16 has been prepared in accordance with the Casino Control Act 1992, the Liquor Act 2007, the Annual Reports (Statutory Bodies) Act 1984 and the Annual Reports (Statutory Bodies) Regulation 2010. Following the tabling of the report in Parliament, it will be available for public access on the Department of Justice website at www.justice.nsw.gov.au. Yours faithfully Andrew Cappie-Wood Secretary Contents Secretary’s foreword 2 Chapter 11: Independent Liquor and Gaming Authority 136 About the department 6 Department of Justice Corporate governance 8 Financial Statements 2015-16 144 Our priorities 10 Independent Liquor and Gaming Authority Staff Agency 231 State priorities 12 Independent Liquor and Gaming The NSW Government’s Authority Financial Statements commitments to the community 16 2015-16 243 Key achievements in 2015-16 Appendices: Department of and plans for 2016-17 17 Justice 284 Chapter 1: Community safety 33 Appendices: Independent Liquor and Gaming Authority 427 Chapter 2: Civil justice 46 Index 445 Chapter 3: Court and tribunal modernisation 53 Chapter 4: Advanced offender management system 58 Chapter 5: Supervising and caring for young offenders 91 Chapter 6: Sustainable service models 105 Chapter 7: Emergency management and resilience 110 Chapter 8: Leadership in arts and culture 120 Chapter 9: Organisational modernisation 127 Chapter 10: People and capabilities 132 1 Secretary’s foreword The department is now responsible for arts and cultural policy; regulating liquor, gaming and racing; law enforcement policy; and counter- terrorism and emergency management. To incorporate our new responsibilities and functions, we realigned the department’s divisions and branches, creating the Arts and Culture Division, the Liquor and Gaming Division, the Office of Emergency Management and the Office for Police. Following structural reform to the regulation of liquor and gaming in NSW, the new entity Liquor and Gaming NSW commenced on 1 February 2016. The structural reform created a new, fit-for- purpose regulator with improved governance, transparency and processes. The Independent Liquor and Gaming Authority board was retained as an independent statutory decision I am pleased to introduce the annual maker, and a separate Office of Racing was report of the Department of Justice established in the Liquor and Gaming Division of for the 2015-16 financial year. the department. In line with our new responsibilities and functions, This year has been one of transformation for the the Department of Justice redefined our vision Department of Justice as we have welcomed this year. We continue to focus on providing an several new agencies and operational areas. efficient, fair and accessible justice system, on ‘Machinery of government’ changes that building safer communities and on protecting commenced on 1 July 2015 allocated Arts NSW, people’s rights. We have new emphases on Screen NSW, the former Office of Liquor, Gaming strengthening community resilience and on and Racing, the Independent Liquor and Gaming celebrating and fostering arts and culture in Authority, and the former Ministry for Police our state. and Emergency Services to the Department In 2015-16 we faced two clear challenges in of Justice. our justice portfolio area. The numbers and complexity of criminal matters in the District Court continued to grow this year, creating an unsustainable pending trial caseload in that court. The prison population in NSW continued to trend upwards in 2015-16, bringing our correctional centres to capacity. 2 Secretary’s foreword The Department of Justice developed a range of Addressing the twin challenges of growing policy responses to deliver systemic solutions for District Court caseload and increasing prison the District Court caseload, including allowing a population has highlighted the importance of small number of less serious indictable offences a holistic approach to policy, programs and to be dealt with by the Local Court. We are resources in the justice system. It is increasingly continuing work on potential reforms including clear that our justice system is a network of encouraging appropriate guilty pleas earlier, interdependent actors, and that pressures undertaking a statutory review of the Criminal applied at any point have impacts elsewhere in Procedure (Pre-Trial Disclosure) Act 2001, and the system. To ensure that the justice system reforms to criminal appeals. is coordinated, flexible, resilient and equipped to anticipate and respond to pressures, the In December 2015 the Attorney General Department of Justice established the Justice announced a $20 million package of initiatives Cluster Implementation Unit this year. This unit to provide immediate relief in the District Court, reports to me directly, providing senior executive including additional sitting weeks in Western and ministerial oversight of the wide-ranging Sydney and regional courts, the appointment program of reforms underway in the Justice of two additional judges and acting judges, Cluster, and facilitating vital connections between the appointment of two public defenders, and interdependent initiatives. measures to ensure that matters are resolved as early as possible. A further $39 million over During 2015-16 our department’s work towards two years was announced in the 2016-17 building safer communities included a focus on NSW Budget. reducing domestic violence, one of the Premier’s personal priorities for NSW. In conjunction Corrective Services NSW responded to the with our Justice Cluster partner agencies, we challenge of the increasing prison population introduced the Domestic Violence Disclosure by creating an additional 827 beds within Scheme, recorded Domestic Violence Evidence existing correctional facilities and commencing in Chief, plain English Apprehended Domestic infrastructure projects to deliver extra capacity Violence Orders, and law reform to include through commissioning ‘modular’ cells, greater protections for victims. recommissioning several facilities, expansion projects, and new building programs including Our work to protect vulnerable participants in the the new 1,700-bed correctional centre at Grafton. justice system extended to child victims of abuse and sexual assault. In March 2016 we introduced In 2015-16 the NSW Government allocated more a three-year pilot of measures to better support than $46 million for the Prison Bed Capacity child victims through the court process. The Program. In the 2016-17 NSW Budget the Child Sexual Offence Evidence Pilot in the District government announced a further $3.8 billion for Court in Sydney and Newcastle allows the the program over four years. The Department of entire evidence of a child victim to be recorded Justice established the Prison Bed Capacity Unit before the court proceedings, and for impartial to manage this comprehensive program. ‘Children’s Champions’ to help make sure a child witness can provide their best evidence. Laws were passed this year that removed the time limit for victims to claim compensation through the courts for damages relating to death or personal injury resulting from child abuse. 3 Secretary’s foreword In November 2015 the NSW Government As we have incorporated our new arts and responded to the report of the Review of culture portfolio area into the department’s Police Oversight in NSW, accepting the operations over the past year, I have observed recommendation to establish a new, single the extraordinary passion and commitment of oversight body called the Law Enforcement our colleagues in Arts NSW, Screen NSW and Conduct Commission. The department’s Office our cultural institutions. The works that we have for Police has been instrumental in progressing attracted to NSW and supported through our this initiative since it was announced, and the funding and development programs during new commission will commence operations 2015-16 are testament to the appeal of NSW as a in 2017. creative place, and to our department’s vision of celebrating arts and culture in our state. The Office of Emergency Management undertook considerable work 2015-16 to ensure We have hosted and attracted production of NSW is equipped to respond to emergency several major international films this