Painters Annual Reportfile/painters+reg+bd+ar+2008-9.pdf · Title: Painters Annual Report Author:...

ANNUAL REPORT 2009

Chairman’s Foreword

Welcome to the 2009 Annual Report of the Painters’ Registration Board, which describes the functions, operations and achievements of the Board during the reporting period.

The Painters’ Registration Board was established in 1963 by the proclamation of the Painters’ Registration Act 1961 and aims to maintain appropriate levels of entry skills for painters’ registration, ensure industry compliance with legislative requirements and painting standards, and provide an efficient dispute resolution service for workmanship complaints.

During 2009 the Board continued to provide a high standard of service to the community through the continuous review of policies and procedures in key operational areas, and the commitment of a dedicated team.

In September 2009 the Board and its staff relocated to 31 Troode Street West Perth, the new premises of the Building Commission, and now awaits the pending enactment of new legislation that will transfer the operations of the Board into the Commission. In the meantime, the Board will continue to efficiently manage its resources and meet its obligations to provide a valuable service to the community.

Statement of Compliance

In accordance with section 23B of the Painters’ Registration Act 1961, I hereby submit for your information and tabling in Parliament, the Annual Report of the Painters’ Registration Board for the year ending 31 December 2009.

The report contains the financial statement and auditors report for the year ending 31 December 2009 that has been prepared in accordance with section 23A of the Painters’ Registration Act 1961.

Mark Cuomo CHAIRMAN Painters’ Registration Board Dated this 16th day of March 2010

ANNUAL REPORT 2009 Page i

Table of Contents

OVERVIEW .................................................................................................................... 1 Executive Summary................................................................................................................... 1

Operational Structure................................................................................................................. 2 Enabling Legislation, FOI/2 AND FOI/5 ............................................................................................... 2 Legislation Administered, FOI/3........................................................................................................... 2 Responsible Minister............................................................................................................................ 2 Area of Jurisdiction, FOI/3 ................................................................................................................... 2 The Board, FOI/6 ................................................................................................................................. 3 Board Members ................................................................................................................................... 3 Board Meetings 2009........................................................................................................................... 4 Executive Staff, FOI/4 .......................................................................................................................... 4 Organisational Structure, FOI/4 ........................................................................................................... 4

Performance Management Framework ..................................................................................... 5 Contribution to Government Goals....................................................................................................... 5

Strategic Objectives of the Board, FOI/2 ................................................................................... 6 Registration.......................................................................................................................................... 6 Compliance.......................................................................................................................................... 6 Dispute Resolution............................................................................................................................... 6 Education & Awareness....................................................................................................................... 6 Shared Responsibilities with Other Agencies ...................................................................................... 6

ACHIEVEMENTS ........................................................................................................... 7 Registration.......................................................................................................................................... 7 Compliance.......................................................................................................................................... 7 Dispute Resolution............................................................................................................................... 8 Education & Awareness....................................................................................................................... 8 Changes to Key Priorities .................................................................................................................... 8

REPORT ON OPERATIONS.......................................................................................... 9 Registration, FOI/5..................................................................................................................... 9

The Register of Painters ...................................................................................................................... 9 Applications for Registration ................................................................................................................ 9 Applications for Review of a Decision of the Board to Refuse, Cancel or Suspend Registration, or Refuse Re-registration ....................................................................................................................... 10

Compliance, FOI/5................................................................................................................... 10 Site Visits and Inspections ................................................................................................................. 10 Investigations ..................................................................................................................................... 11 Board Referrals to the State Administrative Tribunal, FOI/5 .............................................................. 11 Prosecutions and Disciplinary Action, FOI/7a .................................................................................... 12

Dispute Resolution, FOI/5........................................................................................................ 12 Complaints ......................................................................................................................................... 12 Orders Made by the Board................................................................................................................. 13 Applications for Review of an Order of the Board to Remedy Unsatisfactory Painting Work or Pay Costs.................................................................................................................................................. 13

ANNUAL REPORT 2009 Page ii

Education and Awareness ....................................................................................................... 14 Stakeholder Education....................................................................................................................... 14 Publications, FOI/7a........................................................................................................................... 14 Exhibitions ......................................................................................................................................... 14 Information Seminars/Forums............................................................................................................ 14 Websites ............................................................................................................................................ 15 Sponsorships and Awards ................................................................................................................. 15

SIGNIFICANT ISSUES AND TRENDS........................................................................ 16 Painting Activity........................................................................................................................ 16

Changes in Written Law........................................................................................................... 16 Likely Developments and Forecast of Operations................................................................... 16 Proposals for Improving Operations ........................................................................................ 17

DISCLOSURES & LEGAL COMPLIANCE.................................................................. 17 Financial Statements ............................................................................................................... 17 Ombudsman Complaints ......................................................................................................... 17 Ministerial Directives................................................................................................................ 17 Capital Works........................................................................................................................... 17

OTHER LEGAL REQUIREMENTS, FOI/3 ................................................................... 18 Other Key Legislation .............................................................................................................. 18 Advertising ............................................................................................................................... 18 Disability Access and Inclusion................................................................................................ 18 Public Sector Standards and Ethical Codes............................................................................ 19 Recordkeeping Plan ................................................................................................................ 19 Freedom of Information, FOI/1 and FOI/8 ............................................................................... 19

GOVERNMENT POLICY REQUIREMENTS................................................................ 22 Corruption Prevention.............................................................................................................. 22 Substantive Equality ................................................................................................................ 22 Occupational Safety and Health and Injury Management ....................................................... 22

APPENDICES .............................................................................................................. 25 Appendix A: Organisational Chart as at 31 December 2009.................................................. 25 Appendix B: Financial Statements.......................................................................................... 25 Appendix C: Information Statement........................................................................................ 38

ANNUAL REPORT 2009 Page iii

OVERVIEW

Executive Summary

In 2009 the Painters’ Registration Board (the Board) maintained a high standard of service to the community by providing a regulatory and dispute resolution service.

The Board’s functions are to:

• maintain a register of registered painters;

• prescribe the course of training and examinations for a painter to be registered;

• issue certificates of registration;

• receive complaints and determine disputes relating to improper and unworkmanlike painting;

• refer registered painters to the State Administrative Tribunal for disciplinary action;

• take proceedings for offences against the Painters’ Registration Act 1961 (the PR Act), or any lawful direction of the Board; and

• receive fees and penalties and apply them to the expenses associated with carrying out the provisions of the Act.

The Board’s achievements in 2009 include maintaining a register of 3,087 painters, processing 275 applications for registration, conducting investigations into 22 allegations of breaches against the PR Act, carrying out 1,631 site visits, conducting 323 painting inspections, and undertaking 6 prosecutions for 10 offences against the PR Act.

The Board also received 119 complaints about unsatisfactory painting work in 2009, a decrease of 5% from the previous year, and issued 11 orders against painters to pay owners for the costs of rectification, and two orders to rectify unsatisfactory painting work.

The Board’s key priorities in the areas of registration, compliance, dispute resolution and education were met during the reporting period. The outcomes show a decline in activity from the previous year, which may be as a result of the impact of the global financial crisis in early 2009 on the painting industry.

ANNUAL REPORT 2009 Page 1

Operational Structure

Enabling Legislation FOI/2 AND FOI/5

The Painters’ Registration Board (the Board) is established under the Painters’ Registration Act 1961.

Legislation Administered FOI/3

The Board is responsible for administering the Painters’ Registration Act 1961.

Other legislation that the Board must comply with is located in the ‘Other Legal Requirements’ section of this report.

Responsible Minister

The Hon Troy Buswell MLA, Minister for Commerce.

Area of Jurisdiction FOI/3

The Board’s area of jurisdiction encompasses the metropolitan region and most of the South West Land Division of the State, excluding the Shires of Mukinbudin, Mt Marshall and Narembeen.

The South West Land Division extends from the Kalbarri area on the west coast, and through the Hopetoun region on the south coast. The Board’s area of jurisdiction also includes specified townsites within the Shires of Coolgardie, Dundas, Esperance, Yilgarn, Laverton, Ravensthorpe and the City of Kalgoorlie/Boulder.

A list of local governments that are in the Board’s area of jurisdiction is available from the Board’s website.


http://www.ministers.wa.gov.au/mchale/index.cfm

The Board FOI/6

Section 7 of the Painters’ Registration Act 1961 (the PR Act) provides for a Chairman and four members to be appointed by the Governor of Western Australia. The Chairman and members are nominated by the Minister for Commerce.

Board Members

Chairman

Mr Mark Cuomo

Appointed in June 2006 under section 7(1)(a) of the PR Act.

Deputy: Jim Gatt

Mr Mark Cuomo

Member and Deputy Chairman

Mr Jim Gatt

Appointed in January 1980 under section 7(1)(c) of the PR Act.

Mr Jim Gatt

Master Painters, Decorators and Signwriters’ Association of Western Australia Nominated Member

Mr Jack Mast

Appointed in April 2008 under section 7(1)(b) of the PR Act.

Deputy: Neville Eastabrook

Mr Jack Mast

Operative Painters’ and Decorators’ Union of Australia (WA) Nominated Member

Mr Fred Smith

Appointed in August 2000 under section 7(1)(d) of the PR Act.

Deputy: Kevin Reynolds

Mr Fred Smith

Consumer Interests, Nominated Member

Ms Angela Massie

Appointed in May 2001 under section 7(1)(e) of the PR Act.

Deputy: Lorraine Young

Ms Angela Massie


Board Meetings 2009

Rule 4 of the Painters’ Registration Board Rules 1962 requires the Board to formally meet at least once a month. During 2009 the Board met on 12 occasions with attendance shown in the following table:

DEPUTY ATTENDED BOARD MEMBER MONTHLY

Mark Cuomo (Chairman) 10 0

Jim Gatt 10 0

Jack Mast 8 1

Fred Smith 10 0

Angela Massie 9 0

Executive Staff FOI/4

Section 9 of the Painters’ Registration Act 1961 provides that the Board shall appoint a Registrar who shall also be the Registrar of the Builders’ Registration Board and may appoint other officers as considered necessary to carry out the provisions of that Act.

Registrar

Mr Kim Fare was appointed as Registrar in June 2007.

Mr Kim Fare

Deputy Registrar

Ms Nikola Strehle was appointed as Deputy Registrar in November 2007.

Ms Nikola Strehle

Organisational Structure FOI/4

At 31 December 2009 the Board had three established full-time positions, comprising a Senior Painting Inspector and two Painting Inspectors. The Organisational Chart is at Appendix A.

Other staffing needs were met by employees of the Builders’ Registration Board on a recoup basis. This includes a Registration Officer and Registration Assistant who spent 100% of their time on Painters’ Registration Board duties, and other employees in the areas of Corporate Services, Policy & Education, Compliance and Legal, who spent part of their time on Painters’ Registration Board matters.


Performance Management Framework

Contribution to Government Goals

The Board acknowledges and supports the Western Australian Government goals and contributes to them by aligning its strategic objectives to deliver a regulatory and dispute resolution service to the community.

Goal 1: State Building – Major Projects

The Board contributes to the goal of state building by being an effective regulatory and decision-making body that promotes and encourages quality workmanship in the painting industry and the protection of consumers.

The Board ensures that persons undertaking painting within its jurisdiction comply with the provisions of the Painters’ Registration Act 1961. The Board also promotes and supports a high standard of workmanship through sponsoring painting industry awards.

Goal 2: Financial and Economic Responsibility

The Board is fully self-funded and carries out its statutory function in a systematic and orderly manner. Revenue is generated from registration fees to cover the Board’s operational costs, subsequently reducing the financial burden on the State.

Goal 3: Outcome Based Service Delivery

The Board encourages high service standards by identifying key priorities in the areas of registration, compliance, dispute resolution and education and awareness. The outcomes of these key priorities are measured and reviewed to ensure that sufficient resources are allocated to the delivery of the Board’s statutory functions.

Goal 4: Stronger Focus on the Regions

The Board contributes to regional communities by undertaking compliance and educational activities in regional areas that fall within its area of jurisdiction. Regional communities in Western Australia also have access to dispute resolution services where workmanship issues arise.

Each year the Board conducts two of its monthly meetings in regional areas to promote awareness of its role and to consult with key stakeholders.

Goal 5: Social and Environmental Responsibility

The Board is responsible for the impact of its activities on the community and the environment and manages this through compliance with the law and public sector policy, including the efficient management of human resources, occupation health and safety, and corruption prevention.



Strategic Objectives of the Board FOI/2

The Board’s objectives are to ensure the highest possible standards of painting for the community by:

• administering the Painters’ Registration Act 1961 in a consistent, reasoned and lawful manner;

• administering the Painters’ Registration Act 1961 in a financially responsible manner; and

• conducting investigations and prosecuting for offences against the Painters’ Registration Act 1961 in an efficient and consistent manner.

The Board’s objectives are carried out within the framework of the following four service areas:

Registration

• Provide for the registration of painters within the Board’s area of jurisdiction.

• Maintain a register of registered painters.

Compliance

• Ensure compliance with the Painters’ Registration Act 1961 and take proceedings for offences before the State Administrative Tribunal and the Magistrates Court.

Dispute Resolution

• Provide a dispute resolution service to the community and refer matters to the Board.

Education & Awareness

• Communicate the Board’s role and the requirements of the Painters' Registration Act 1961 to the community.

• Ensure that painters and building industry participants are aware of their obligations under the Painters’ Registration Act 1961.

Shared Responsibilities with Other Agencies

The Board may allege to the State Administrative Tribunal (SAT) under section 16 of the Painters’ Registration Act 1961 that disciplinary action should be taken against a registered painter for which the SAT may cancel or suspend a painter’s registration.

4 Education & Awareness

2 Compliance

3 Dispute

Resolution

1 Registration

ACHIEVEMENTS

The Board’s 2009 key priorities and outcomes under each service area were:

Registration

Priority 1 Receive and assess applications for registration and refer them to the Board for determination.

Outcome The Board processed 275 applications for registration in 2009.

Priority 2 Maintain a Register of Painters and ensure the integrity of that register.

Outcome The Register of Painters is maintained and updated on a daily basis. It is reviewed twice per year for inconsistencies and, as at 31 December 2009 there were 3,087 registered painters.

Compliance

Priority 1 Monitor painting work to ensure compliance with Australian Standard 2311: Guide to the Painting of Buildings.

Outcome The Board carried out 323 inspections of painting work during 2009, a decrease of 20% from the previous year.

Priority 2 Prepare assessment reports in relation to complaints received about unsatisfactory painting work.

Outcome In 2009, 50 assessment reports were prepared, of which 21 were for matters before the Board.

Priority 3 Conduct inspections at the request of owners and painters under section 16(1) of the Painters’ Registration Act 1961.

Outcome The Board conducted 145 inspections in 2009 at the request of owners/painters, a decrease of 42% from the previous reporting period.

Priority 4 Prosecute offenders of the Painters’ Registration Act 1961.

Outcome In 2009 the Board conducted investigations into 22 allegations of breaches against the Painters’ Registration Act 1961 resulting in six prosecutions.

Priority 5 Commence prosecutions pursuant to section 4(1) of the Painters’ Registration Act 1961.

Outcome The Board undertook six prosecutions for seven offences of unregistered painting in 2009.


Dispute Resolution

Priority 1 Ensure disputes are dealt with efficiently and effectively.

Outcome In 2009 the Board received 119 complaints. Of these, 21 were referred to a Board hearing resulting in 11 orders to pay and two orders to remedy, two complaints were dismissed, two hearings were adjourned, and four complaints were withdrawn prior to the hearing. The remaining complaints were resolved between the parties following an inspection.

Education & Awareness

Priority 1 Maintain the Board’s website as a main source of information, effectively providing accurate information to the Board’s stakeholders, and promoting the website and its features.

Outcome The Board’s website provides users with up-to-date, easily accessible information, forms and publications, as well as online services including an e-newsletter subscription, search for a registered painter and fee payment facilities.

In 2009 the website received a total of 39,588 visits, an increase of 26% on the previous year.

Priority 2 Provide community awareness of the requirements of the Painters’ Registration Act 1961.

Outcome In 2009 the Board participated in consumer exhibitions, contributed to publications and provided information to stakeholders to increase awareness of the requirement to use a registered painter for work valued over $200, and the dispute resolution service offered by the Board.

Priority 3 Sponsor premium industry events to support excellence and high quality workmanship in the painting industry.

Outcome In 2009 the Board sponsored the Master Painters Association Award for Excellence.

Changes to Key Priorities

There were no changes to the Board’s key priorities during the reporting period.


REPORT ON OPERATIONS

Registration FOI/5

The Register of Painters

Section 10 of the Painters’ Registration Act 1961 requires the Board to compile and keep a Register of Painters containing the names, addresses and qualifications of painters admitted to the Register.

The Register is open for inspection by any person during the Board’s ordinary hours of business at no charge. It is available to search and download from the Board’s website or for purchase as a hard copy.

As at 31 December 2009 there were 3,087 painters registered with the Board, comprising 2,471 individuals, 400 partnerships and 216 companies.

REGISTRATIONS BY TYPE

CATEGORY 2005 2006 2007 2008 2009

Individuals 2,267 2,286 2,360 2,380 2,471

Partnerships 496 470 452 423 400

Companies 191 195 200 202 216

TOTAL 2,954 2,951 3,012 3,005 3,087

Applications for Registration

In 2009 the Board processed 275 applications for registration, of which 206 were new applications received in 2009 and 69 were pending from 2008. Of those applications processed, 166 were approved, 38 were refused, 13 withdrawn and 58 are pending.

During the reporting period the Board granted registration to 135 individuals, 11 partnerships and 20 companies. A comparison of registrations approved by business entity over the past five years is shown in the following chart:


REGISTRATIONS APPROVED

020406080

100120140160180

2005 2006 2007 2008 2009

Year

Num

bers

of A

ppro

vals

Individuals Partnerships Companies

Applications for Review of a Decision of the Board to Refuse, Cancel or Suspend Registration, or Refuse Re-registration

Section 18 of the Painters’ Registration Act 1961 allows any person to apply to the State Administrative Tribunal (the SAT) for a review of a decision of the Board to refuse, cancel or suspend a registration. In 2009 there were no applications made to the SAT for review of a decision of the Board.

Compliance FOI/5

Site Visits and Inspections

The Board monitors industry compliance with the Painters’ Registration Act 1961 by conducting random site visits. These visits promote awareness of the regulatory framework and detect unregistered painting activity. In 2009 the Board undertook 1,631 site visits in Perth and the Mid-West, Great Southern and Goldfields regions.

The Board also undertakes inspections of painting work, either upon the request of an owner or painter, to prepare assessments in relation to workmanship complaints lodged with the Board, or at random as part of the Board’s compliance program.

In 2009 the Board undertook 323 inspections of painting work, of which:

• 145 were conducted upon the request of a painter or owner.

• 129 were conducted in response to complaints lodged with the Board.

• 35 were conducted on request from the Building Disputes Tribunal.

• 14 were re-inspections of initial complaints lodged with the Board.

All inspections are undertaken free of charge to the parties to the dispute, and are conducted by painting inspectors employed by the Board.


Investigations

The Board conducts investigations into allegations of breaches against the Painters’ Registration Act 1961 (PR Act). In cases warranting the suspension or cancellation of a painter’s registration, the Board refers matters to the State Administrative Tribunal for disciplinary action. The Registrar may also initiate prosecution proceedings through the courts.

In 2009 the Board received 49 allegations of breaches against the PR Act resulting in 22 formal investigations being carried out.

INVESTIGATIONS COMPLETED

Act & Section* Nature No. of Investigations

16 Section 4(1) Unregistered Painting

4 Section 16G Failing to comply with a Board order

2 Section 4A Assuming identity of Registered Painter *primary allegation At 31 December 2009 there were two (2) investigations in progress.

INVESTIGATIONS IN PROGRESS

Act & Section* Nature No. of Investigations

1 Section 4(1) Unregistered Painting

1 Section 4A Assuming identity of Registered Painter *primary allegation At 31 December 2009 there were no pending investigations.

Board Referrals to the State Administrative Tribunal FOI/5

Section 16(1) of the Painters’ Registration Act 1961 provides that the Board may allege to the State Administrative Tribunal (the SAT) that disciplinary action should be taken against a registered painter for the following:

• The registration was obtained by fraud or misrepresentation.

• The painter has been guilty of fraudulent conduct, negligence or incompetence in carrying out painting.

• The painter has been convicted of an offence for failing to comply with an Order of the Board.

• The painter, being a partnership or company or other body corporate, has failed to comply with any provision of section 14B.

• The painter, being a partnership, company or other body corporate, has ceased to have at least one partner, director or employee whose duty is to manage or supervise painting work carried out by the entity registered under the Painters’ Registration Act 1961.

In 2009 no matters were referred by the Board to the SAT.


Prosecutions and Disciplinary Action FOI/7a

The Board investigates alleged breaches of the Painters’ Registration Act 1961 and may refer registered painters to the SAT for disciplinary action and take proceedings for offences in the Magistrates Court.

In 2009 the Board undertook 6 prosecutions pursuant to the Painters’ Registration Act 1961 for 10 offences, the outcomes of which are listed in the following table:

PROSECUTIONS

NAME SECTION FINES COSTS

Gregory Deal 4(1) $1,000 $303.66

Gregory Deal 4(1)

Vernon Mica Clements 4(1)

Vernon Mica Clements 4A(a) $500 $261.20

Vernon Mica Clements 4A(a)

Tanny Nguyen 4(1) $200 $121.20

Gregory William Selley 4(1) $400 $326.70

Anthony Christopher Doherty 4(1) $200 $296.40

Maxwell John Hogan 4(1) $500 $ 274.20

Maxwell John Hogan 4A(b)

TOTAL $2,800 $1,583.36

Two prosecutions commenced in 2009 were pending as at 31 December 2009.

Dispute Resolution FOI/5

Complaints

In 2009 the Board received 119 complaints about unsatisfactory painting work, a decrease of 5% from the previous reporting year. Of these complaints, 21 were referred to a Board hearing for determination, while the remaining complaints were resolved between the parties with the assistance of the Board’s inspectors.


COMPLAINTS ABOUT UNSATISFACTORY PAINTING WORK

0

50

100

150

2005 2006 2007 2008 2009

Year

Num

ber o

f Com

plai

nts

Orders Made by the Board

Section 16D of the Painters’ Registration Act 1961 provides that if the Board is satisfied that painting has not been carried out in a proper and workmanlike manner on any building or other structure, the Board may order the painter to either remedy the work or pay the owner of the building such costs of having the work remedied by someone else.

In 2009 the Board ordered 11 painters to pay owners for the costs of rectification, and two orders to remedy unsatisfactory painting work. Prior to making an order, the Board must give the painter notice of the allegations and an opportunity to respond at a hearing. In 2009 the Board held 21 hearings.

The value of orders to pay issued by the Board in 2009 was $40,763, a decrease of 10% from the previous reporting year. Orders made by the Board over the past five years are provided in the following table:

NUMBER OF ORDERS MADE BY THE BOARD

TYPE OF ORDER 2005 2006 2007 2008 2009

Orders to Remedy 1 1 2 1 2

Orders to Pay 15 15 20 13 11

Value of Orders to Pay $60,812 $36,410 $60,702 $45,664 $40,763

Applications for Review of an Order of the Board to Remedy Unsatisfactory Painting Work or Pay Costs.

Section 18 of the Painters’ Registration Act 1961 provides that any person aggrieved by a reviewable decision of the Board may apply to the State Administrative Tribunal (SAT) for a review of an order of the Board under 16D or 16E of the Act.

There were no applications made to the SAT for a review of an order made by the Board in 2009.


Education and Awareness

During 2009 the Board’s objective to raise community and industry awareness of its services, and the requirements of the Painters’ Registration Act 1961, was met as outlined below:

Stakeholder Education

In 2009 the Board informed stakeholders of its role and the requirements of the Painters’ Registration Act 1961.

The Board provided information to real estate property managers, home maintenance companies and 140 newly registered businesses with the Business Names Register, Department of Commerce that may carry out painting work, advising of the registration requirements for a painter who carries out work valued over $200.

In 2009 the Board contributed to The Starting Point magazine (Persona Publishing) and The Building and Renovating Guide (Home Base Expo).

Publications FOI/7a

In 2009 the Board published two newsletters, distributing 5,263 hard copies and 984 e-newsletters to industry and stakeholders providing recipients with information on the Board’s activities and their obligations under the Painters’ Registration Act 1961.

The Board’s publications, including the brochure ‘Consumers and Painting Professionals’ are available from the Board’s office and can be downloaded from the Board’s website. They are also distributed to stakeholders via post and e-mail, made available at exhibitions and at industry association seminars and displays.

Exhibitions

In 2009 the Board participated at the following industry/consumer exhibitions in both metropolitan and regional areas:

• Ideal Home Show, March 2009

• MBA Home and Sustainability Show, May 2009

• Radio West (Bunbury) Ideal Home Show, November 2009

• HIA Austral Bricks Spring Home Show, October 2009

• Master Painters Association (static display).

Information Seminars/Forums

In 2009 the Board held regional forums in Geraldton and Albany. The forums provided industry participants with an opportunity to meet Board members and staff, and discuss the regulatory requirements of the Painters’ Registration Act 1961 and current issues affecting the painting industry.


Websites

The Board’s website located at www.painters.wa.gov.au provides users with up to date information on the services available to the community, including a search of the Register of Painters, reasons for decision, forms and publications, e-Newsletter subscription and an online payment facility.

Continuous improvements were made to the website during 2009, including an upgrade to the online payment functionality and the addition of an e-newsletter subscription form.

In 2009 the total number of visits to the website was 39,588, an increase of 26% on last year’s total of 31,366. As shown in the graph below, the number of visits declined in the first quarter of the year but then increased steadily peaking at its highest recorded level in December.

The increase between September and December was predominately visits to the ‘search for a registered painter’ link, which is the Register of Painters.

0

1000

2000

3000

4000

5000

6000

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Months

Visi

ts

Visits

WEBSITE VISITSJANUARY TO DECEMBER 2009

Sponsorships and Awards

The sponsorship of awards promotes excellence within the painting industry and provides an opportunity for the Board to raise awareness of its role in the community.

In 2009 the Board sponsored the Master Painters Association “Excellence in Painting Awards”. Benefits to the Board included recognition of the Painters’ Registration Board on promotional material, in articles and on displays.


SIGNIFICANT ISSUES AND TRENDS

Painting Activity

Section 23B of the Painters’ Registration Act 1961 requires the Board to report on any trends or special problems that may have emerged during the reporting period.

The impact on the Board from the decline in economic growth for the Western Australian economy during 2009 has seen a reduction in the Board’s core areas of activity.

In 2009 the number of painting inspections carried out at the request of owners and painters decreased by 42%, registration applications declined by 14%, and complaints against painters decreased by 5% from the previous reporting year.

Changes in Written Law

In 2009 the Painters’ Registration Board Rules 1962 Appendix 3 was amended to provide for an increase in the Board’s fees and charges. These increases commenced on 23 June 2009 and were in-line with the Consumer Price Index increase.

On 10 June 2009 section 12(1) of the Painters’ Registration Act 1961 (PRA), which stipulates the manner in which a person may qualify for registration as a painter, was amended by the Training Legislation Amendment and Repeal Act 2008 (TLARA).

Section 58 of the TLARA replaced section 12(1)(aa) of the PRA with section 12(1)(b), which prescribes a person may be registered if, among other things, s/he has:

“(i) under the Vocational Education and Training Act 1996 Part 7 obtained a qualification prescribed under this Act; and

(II) passed the prescribed additional examination laid down by the Board for those persons; …”

Due to a drafting error at the time of the amendment, no qualification as referred to in section 12(1)(b) was prescribed. The Board has been notified by the Minister for Commerce that priority has been given to prescribe the qualification.

Likely Developments and Forecast of Operations

Section 23B of the Painters’ Registration Act 1961 requires the Board to report on forecasts of the workload of the Board in the year after the year to which the report relates.

Cabinet has approved consolidating the regulation of the building industry including the activities of painters into one piece of legislation, the Building Services (Registration) Bill. Government’s proposed timeframe for repealing the Painters’ Registration Act 1961 and enacting the new legislation is in the second half of 2010. When the new legislation is enacted the Painters’ Registration Board’s registration functions will transfer to a new Building Industry Board. At the same time, the Painters’ Registration Board assets and staff will be transferred to the new Building Commission as a division of the Department of Commerce.


While the effects of the global financial crisis continue to be felt in terms of consumer confidence, there are signs that building activity and by association painting activity, is increasing. It is expected that painting activity will rise in 2010, leading to a greater demand for the Board’s services.

Proposals for Improving Operations

Section 23B of the Painters’ Registration Act 1961 requires the Board to report on any proposals for improving the performance of its functions.

The Board aims to continue to improve the functions and services it provides to the community by carrying out the following activities in 2010:

• Data cleansing of the information relating to registered/unregistered painters stored in the Board’s corporate database Synergy.

• Review internal data collection forms.

• Continue to enhance the Board’s website and provide up to date information.

DISCLOSURES & LEGAL COMPLIANCE

Financial Statements

Section 23A of the Painters' Registration Act 1961 requires that the accounts and financial statements of the Board shall be audited at the expense of the Board by an auditor appointed by the Board with prior approval of the Minister.

Bentleys was appointed and approved to audit the 2009 accounts.

A copy of the financial statements and auditor’s report is at Appendix B of this report.

Ombudsman Complaints

Complaints regarding administrative actions or omissions by the Board can be investigated by the State Ombudsman under the provisions of the Parliamentary Commission Act 1971.

There were no complaints investigated by the State Ombudsman in 2009.

Ministerial Directives

No Ministerial directives were issued to the Board in 2009.

Capital Works

There were no capital works projects undertaken by the Board during the reporting period.


OTHER LEGAL REQUIREMENTS FOI/3

Other Key Legislation

The principal legislation determining the Board’s statutory functions is the Painters’ Registration Act 1961 and the Painters’ Registration Board Rules 1962. In the performance of its functions, the Board also complies with other legislation, including the following:

Corruption and Crime Commission Act 2003 Criminal Code Act 1995 Disability Services Act 1993 Electoral Act 1907 Electronic Transactions Act 2003 Equal Opportunity Act 1984 Evidence Act 1906 Freedom of Information Act 1992 Government Employees Superannuation Act 1987 Industrial Relations Act 1979 Limitation Act 1935 Minimum Conditions of Employment Act 1993 Mutual Recognition (WA) Act 2001 Occupational Safety & Health Act 1984 Parliamentary Commission Act 1971 Payroll Tax Assessment Act 1971 Public Sector Management Act 1994 Public Interest Disclosure Act 2003 State Records Act 2000 Stamp Act 1921 Superannuation and Family Benefits Act 1938 Statutory Corporation (Liability of Directors) Act 1996 Workers’ Compensation and Injury Management Act 1981

Advertising

In compliance with section 175ZE of the Electoral Act 1907, the Board reports that no expenditure was incurred during 2009 with media advertising organisations.

Disability Access and Inclusion

The Board continued to work within the constraints of the accommodation at 18 Harvest Terrace, West Perth until September 2009 when the Board moved premises to 31 Troode Street, West Perth. A Disability Access and Inclusion Plan will be developed in 2010 to align with the facilities provided at the Board’s new premises.

In compliance with section 29 of the Disability Services Act 2009, the Board provides people with disabilities equal opportunity to access the services of the Board. The Board provides persons with disabilities the same level and quality of service as they do other people, including the opportunity to make a complaint, and the inclusion of all persons when seeking public or industry consultation.


The current accommodation provides for disability access and facilities. A reception area is located on the 1st floor with ramp access to the foyer area and lifts to the 1st floor. Temporary parking is provided directly in front of the building to enable wheelchair access.

The Board’s website has been designed in accordance with the content accessibility guidelines set out in the Government’s Guidelines for State Government Websites to minimise the barriers faced by people with disabilities.

Public Sector Standards and Ethical Codes

In compliance with the requirements of section 31(1) of the Public Sector Management Act 1994 the Board adhered to the Public Sector Standards in Human Resource Management, the Western Australian Public Sector Code of Ethics and the Board’s Staff Code of Conduct.

To monitor and ensure compliance with the standards and codes, the Board undertakes regular reviews of its Code of Conduct and policies. The Code of Conduct is provided to new employees and made available to all staff on the Board’s intranet.

There were no claims for breach of standards during the reporting period.

Recordkeeping Plan

In compliance with section 19 of the State Records Act 2000, the Board’s Recordkeeping Plan was implemented in 2004.

The State Records Office has agreed that the Board’s Recordkeeping Plan, which was due to be reviewed in April 2009, be deferred pending the establishment of the Building Commission. A review of the plan has commenced and will be submitted to the State Records Office in 2010.

In 2009 the Board’s recordkeeping system was reviewed on a continuous basis to ensure the efficiency of recordkeeping processes and the effectiveness of improvements made to the system.

All staff received training in recordkeeping that relates directly to their role and training is provided to staff as part of the induction process. In addition, information updates and reminders on best practice in recordkeeping are provided to all staff on a regular basis.

Freedom of Information FOI/1 and FOI/8

In compliance with the Freedom of Information Act 1992, the Board provides guidance regarding the application process to obtain information. Board staff ensure that information is provided promptly and at the least possible cost to all persons. An Information Statement is attached at Appendix C.

Those seeking information that is not routinely available are advised of the provisions of the Freedom of Information Act 1992, the application process and all associated costs. Applications are acknowledged in writing and the parties are notified of a decision within 45 days.


Applications and enquiries are directed to:

The Senior Legal Officer Painters’ Registration Board Locked Bag 12 West Perth WA 6872 Tel: (08) 9476 1212; Fax (08) 9476 1276

Applications

The Board received one Freedom of Information application in 2009 which was withdrawn by the applicant.

Charges FOI/7a

The Board’s scale of fees and charges for eligible information is set under the Freedom of Information Regulations. Apart from the application fee for non-personal information, charges are discretionary and are as follows:

Personal information about the applicant No fee Application fee (for non personal information) $30.00 Charge for time dealing with the application (hour/pro rata) $30.00 Access time supervised by staff (per hour, or pro rata) $30.00 Photocopying staff time (per hour, or pro rata) $30.00 Per photocopy $ 0.20 Transcribing from tape, film or computer Actual Cost Duplicating a tape, film or computer information Actual Cost Delivery, packaging and postage Actual Cost

(Note: For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable is reduced by 25%).

Deposits

Advance deposits may be required based on the estimated charges (25% of cost) and a further advance deposit may be required to meet the charges for dealing with the application (75% of cost).

Access Arrangements FOI/8

Access to documents is granted through inspection, by providing a copy of a document, a transcript of a recorded hearing, shorthand or an encoded document from which words can be reproduced.

Viewing Documents

Documents are available to be viewed at the Board's office during business hours, with a fee charged for the supervised viewing of non-personal documents.


Notice of Decision FOI/7a

As soon as possible, but no later than 45 days after the application is received, the applicant is provided with a notice of decision, which includes the following details:

• the date when the decision was made;

• the name and position of the officer who made the decision;

• if the document is an exempt document, the reasons for classifying the matter exempt; or the fact that access was given to an edited document; and

• information on the right for review, and the procedures to be followed.

Refusal of Access

Applicants who are dissatisfied with a decision of the Board’s officer are entitled to ask for an internal review by the Registrar. Applications have to be received in writing within 30 days of receiving the notice of decision.

All applicants are notified of the outcome of the review within 15 days.

Applicants who disagree with the result can also apply to the Information Commissioner for an external review, the details of which are passed on to applicants when the internal review decision is issued.

Client Information FOI/7a

The Board has a number of publications that can be accessed. These include:

• Prescribed forms used to apply for:

o Registration as a painter

o FOI requests

• Publications, such as:

o The Board’s Newsletter

o Annual Report

o Consumers and Painting Professionals brochure

• Internal documents available on written request include:

o Policy statements

o Minutes of Board meetings (in an edited form)

o Reasons for Decision.

Information including application forms, reports and the register of painters can be downloaded from the Board’s website at www.painters.wa.gov.au.


GOVERNMENT POLICY REQUIREMENTS

Corruption Prevention

In compliance with the Public Sector Commissioner’s Circular No. 2005-02 the Board has implemented a policy and procedure to prevent and reduce the risk of corruption and misconduct.

The Board’s Staff Code of Conduct identifies expectations and procedures in relation to conflict of interest, receiving gifts, use of resources, corruption and misconduct. Other information provided to staff is the Board’s Public Information Policy and Public Interest Disclosure Information. The Board has a nominated member of staff acting as its Public Interest Disclosure contact officer.

Substantive Equality

The Board is not represented on the Strategic Management Council and is not required to implement the policy framework for Substantive Equality.

Occupational Safety and Health and Injury Management

In accordance with the Public Sector Commissioner’s Circular 2009/11, the Board continued to maintain a high level of workplace health and safety for its employees and visitors during the reporting period.

Statement of Commitment

The Board is committed to maintaining a safe and healthy work environment through the creation and implementation of occupational safety and health policies and procedures. A dedicated occupational safety and health committee meets monthly to deal with any relevant issues and to maintain the Board’s policies and procedures.

The Board’s Occupational Health and Safety Policy, Procedure and Guidelines is made available to staff on the Board’s intranet and provided to new employees at their induction. The Board’s goal each year is to have no workplace injuries or incidents and to reduce the risk of incidents by having staff carefully monitor their own workspace.


Formal Mechanisms

The Occupational Safety and Health Committee, comprising of management and two nominated Occupational Safety and Health officers, is responsible for the maintenance and implementation of the Board’s policies and procedures and is the mechanism through which all occupational safety and health issues are directed and dealt with.

Procedures are in place so that staff can quickly identify and report any hazards that could pose a risk to workplace safety and health. When a hazard is identified staff is required to alert one of the Occupational Safety and Health officers and follow procedures set out in the Occupational Health and Safety Policy, Procedure and Guidelines Formal Mechanisms.

Statement of Compliance with Injury Management Requirements

In accordance with the Workers’ Compensation and Injury Management Act 1981 the Board has implemented an Injury Management System and Return to Work Program, to which a member of staff, responsible for the day to day injury management, is appointed to oversee and maintain.

Statement Confirming Self Evaluation

In accordance with the Code of Practice – Occupational Safety and Health in the Public Sector, the Board conducted a self evaluation of its management systems using the prescribed Checklist of Requirements for Occupational Safety and Health Management System.

The findings of the evaluation were that the Board had carried out the following:

• Safety and health guidelines, procedures and policies.

• Consultative mechanisms.

• Training and instruction program.

• Regular workplace inspections.

• Incident reporting and investigation.

• Data collection, analysis/record keeping and reporting.

• Emergency procedures.

• Injury management.

• Regular monitoring and evaluation of performance to ensure continuous improvement.

• Processes to manage specific hazards and work organisational issues.


Report on Performance

In 2009 the Board had no fatalities and no ‘lost time due to injury/diseases’ claims.

INDICATOR TARGET PERFORMANCE

Number of fatalities 0 0

Lost time injury/disease incidence rate 0 0

Lost time injury severity rate 0 0

100% 100% Percentage of injured workers returned to work within 28 weeks

> or = 50% 0 Percentage of managers trained in occupational safety, health and injury management responsibilities

The Board is committed to maintaining a safe and healthy work environment and aims to reach the following targets in 2010:

Number of fatalities = 0

Lost time injury/diseases incidence rate = 0

Lost time injury severity rate = 0

Return to work rate = 100%

Percentage of managers trained in OSH and injury management = >50%



APPENDICES

Appendix A: Organisational Chart as at 31 December 2009

Registrar

Senior Painting Inspector

Deputy Registrar

Painting Inspector

Painting Inspector

Appendix B: Financial Statements

Section 23A of the Painters' Registration Act 1961 requires that the accounts and financial statements of the Board shall be audited at the expense of the Board by an auditor appointed by the Board with prior approval of the Minister. Bentleys was appointed and approved to audit the 2009 accounts.

Board Statement on its Finances

The financial outcome for 2009 is an operating deficit of $14,308 against a Budget deficit of $19,841. This is a result of a slight decrease in expenditure primarily due to a reduction in advertising costs. The Board is confident that it will have financial resources to carry out is statutory functions in a systematic and orderly manner for 2010. The Board remains committed to applying its financial resources to the benefit of the West Australian community and painting industry in its current role as an independent statutory authority.

Mark Cuomo Kim Fare CHAIRMAN REGISTRAR


STATEMENT BY REGISTRAR FOR THE PERIOD 1 JANUARY 2009 TO 31 DECEMBER 2009

In the opinion of the Registrar of the Board the financial statements as set out on pages 30 to 37: 1. Presents fairly the financial position of the Painters’ Registration Board as at

31 December 2009 and its performance for the 12 month period ended on that date in accordance with the accounting policies described in Note 1 to the Financial Statements.

2. The report has been properly prepared by a competent person. 3. a) The Board has kept such accounting records as to correctly record and explain

the transactions and financial position of the Board. b) The Board has kept its accounting records in such a manner as would enable

true and fair accounts of the Board to be prepared from time to time. At the date of this statement, there are reasonable grounds to believe that the Board can meet its debts as and when they fall due.

K Fare REGISTRAR Dated this 12th day of March 2010


INCOME AND EXPENDITURE REPORT FOR THE PERIOD 1 JANUARY 2009 TO 31 DECEMBER 2009

Notes 12 months to 12 months to 31 December 2009 31 December 2008 $ $ Income Annual registration fees 663,880 630,383 Application fees 23,430 24,909 Assessments 2,837 0 Certificate fees 1,641 1,700 Interest on investments 34,377 64,635 Other income 80 257 Petrol contribution - Inspectors 896 1,796 Prosecution recoveries 4,637 10,159 Uniform contribution 41 350

Total Income 731,819 734,189

Expenditure

5 Administration expenses 58,058 60,879 Advertising and promotion 6,101 40,002

Annual leave 2,027 (3,077) Audit 8,925 8,525 Bad debts (780) 0 Bank charges 5,530 6,368 Board members' fees 32,921 39,284 Board members' other expenses 9,070 8,409 Computer costs other 3,030 2,515 Consultants-human resources 863 1,038 Consultants-other 0 525 Debt recovery services 632 1,283 Depreciation 4,723 7,466 Disposal of fixed assets 0 119 Doubtful debts 3,097 (1,069) Exhibitions 1,199 2,549 Examinations and assessments 10,714 22,165 Fringe benefit tax 7,641 18,805 General office expenses 298 347 Insurance premiums 2,789 6,065 Legal expenses 40,333 63,086 Long service leave 5,459 2,350 Motor vehicle expenses 39,901 50,783 Postage and courier charges 2,185 178 Printing and stationery 16,145 16,480 Publications 4,957 4,173 Premise expenses 20,494 0

The accompanying notes form part of this financial report.


INCOME AND EXPENDITURE REPORT FOR THE PERIOD 1 JANUARY 2009 TO 31 DECEMBER 2009

Notes 12 months to 12 months to 31 December 2009 31 December 2008 $ $ Expenditure (cont…) Salaries - administration 117,453 121,854 Salaries - corporate support 104,233 71,244 Salaries - inspectors 207,253 194,016 Social business expenses 167 1,335 Staff training expenses 2,848 1,760 Staff uniforms 351 1,425 Superannuation 23,564 24,774 Tape transcriptions 366 362 Telephones 939 808 Travelling and accommodation 2,641 3,423

Total Expenditure 746,127 780,249

Operating Surplus/(Deficit) (14,308) (46,060)



BALANCE SHEET AS AT 31 DECEMBER 2009

Notes 31 December 2009 31 December 2009 $ $ Current assets

6(a) Cash 620,997 644,331 Interest accrued 1,793 1,923

2 Receivables 3,832 9,918 Prepayments 7,684 6,290

Total current assets 634,306 662,462

Non-current assets

3 Property, plant and equipment 2,392 2,938 4 Intangible asset 6,265 10,442

Total non-current assets 8,657 13,380

TOTAL ASSETS 642,963 675,842

Current liabilities Payable / Accrued expenses 28,517 53,435 GST payable 155 2,792 Trust account 0 780 Registration fees in advance 22,549 20,271 Provision for employee entitlements 53,900 46,414

TOTAL LIABILITIES 105,121 123,692

NET ASSETS 537,842 552,150

BOARD FUNDS & RESERVES Balance at the beginning of the year 552,150 598,210 Operating Surplus (Deficit) (14,308) (46,060)

TOTAL BOARD FUNDS & RESERVES 537,842 552,150



CASH FLOW STATEMENT FOR THE PERIOD 1 JANUARY 2009 TO 31 DECEMBER 2009

Notes 31 December 2009 31 December 2008 $ $ Cash flows from operating activities Receipts from Registered Painters 666,791 646,416 Payments to suppliers and employees (763,646) (748,590) Interest received 34,507 64,931 Prosecution recovery 8,992 4,141 Other receipts 30,022 27,917

Net cash flow provided by operating activities 6(b) (23,334) (5,185)

Cash flows from investing activities Payments on purchase of plant and equipment - (2,020)

Net cash used in investing activities - (2,020)

Net increase/(decrease) in cash held (23,334) (7,205) Cash at the beginning of the financial year 644,331 651,536

Cash at the end of the financial year 6(a) 620,997 644,331




NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENT FOR THE PERIOD 1 JANUARY 2009 TO 31 DECEMBER 2009

NOTE 1 ACCOUNTING METHODS AND POLICIES

This financial statement is a special purpose financial statement prepared in order to satisfy the financial reporting requirements of the Board under the Painters' Registration Act 1961 (as amended). The Members of the Board have determined that the Board is not a reporting entity. The financial statement has been prepared in accordance with the requirements of the Painters' Registration Act 1961 (as amended) and the following Australian Accounting Standards:

AASB 110: Events after the Balance Sheet Date AASB 1031: Materiality

No other Australian Accounting Standards, Australian Accounting Interpretations or other authoritative pronouncements of the Australian Accounting Standards Board have been applied.

The financial statement has been prepared on an accruals basis and is based on historic costs and does not take account of changing money values or, except where specifically stated, current valuations of non-current assets.

The following specific accounting policies, which, unless otherwise stated, are consistent with the previous year, have been adopted in the preparation of this financial statement:

(a) Depreciation/Amortisation

Depreciation/Amortisation is calculated on the diminishing value basis in order to write the assets off over their useful economic life. The rates of depreciation/amortisation used for each class of assets are:

Class of Asset Depreciation/Amortisation Rate Property, plant and equipment 15%-20% Information Technology Website Design 40% (b) Income Tax

No provision for income tax is necessary as the organisation is exempt from income tax under Division 50 of the Income Tax Assessment Act 1997.

(c) Employee Entitlements

A liability for annual and long service leave, all of which is current as per policy, is recognised in respect of services provided up to balance date. No material liability exists for personal (sick) leave.


NOTE 2 RECEIVABLES

2009 2008 $ $

Registration fees 249 882 Prosecutions 15,126 16,385 Other Debtors 14 1,111

15,389 18,378

Less: Provision for doubtful debts (11,557) (8,460)

3,832 9,918

NOTE 3 PROPERTY, PLANT & EQUIPMENT

2009 2008 $ $

Office equipment 4,643 4,643 Less: Accumulated depreciation (2,251) (1,705)

Total property, plant and equipment 2,392 2,938

NOTE 4 INTANGIBLE ASSET

2009 2008 $ $

Information Technology - Website Design 20,474 20,474 Less: Accumulated amortisation (14,209) (10,032)

Total Intangible Asset 6,265 10,442



NOTE 5 ADMINISTRATION EXPENSES

Administration expenses relates to charges from the Builders' Registration Board of WA for the use of premises, staff and equipment provided and financed by the Builders' Registration Board of WA. A review was undertaken in 2008, the Administration Expenses now relates to charges from the Builders' Registration Board of WA for the use of premises and equipment and consists of the following:

2009 2008 $ $

Office expenses 13,475 15,263 Printing and stationery 6,514 4,514 Machine hire 10,464 11,119 Rent (premises) 18,587 18,641 Repairs and maintenance 1,875 3,640 Telephone 7,143 7,702

58,058 60,879



NOTE 6 NOTES TO THE CASH FLOW STATEMENT

(a) Reconciliation of cash For the purposes of the cash flow statement, cash includes cash on hand and in banks, net of

outstanding bank overdrafts, and short term money market balances. Cash at the end of the financial year is reconciled to the related items in the balance sheet as follows:-

31 December 2009 31 December 2008 $ $ Cash on hand 615 850 Cash at bank – General Account 370,382 243,481 Cash on short term deposits 250,000 400,000

620,997 644,331

(b) Reconciliation of net cash flow from operating activities to operating surplus/(deficit)

31 December 2009 31 December 2008

$ $ Operating surplus (deficit) for the period (14,308) (46,060) Non cash flows in operating surplus: - (profit)/loss on sale or disposal of asset 0 119 - depreciation 4,723 7,466 - doubtful debts 3,097 (1,069) Net movement in assets and liabilities: - (increase)/decrease in receivables 2,988 (5,262) - (increase)/decrease in prepayments (1,394) (2,175) - (increase)/decrease in interest accrued 130 296 - increase/(decrease) in sundry creditors (22,708) 20,362 - increase/(decrease) in accrued expenses (5,625) 6,614 - increase/(decrease) in fees in advance 2,278 15,251

- increase/(decrease) in provision for employee entitlements 7,485 (727)

Net cash provided by operating activities (23,334) (5,185)



Appendix C: Information Statement

PAGE/S FOI

Index 19 FOI/1

Mission and Objectives 2, 6 FOI/2

Legislation administered 2, 18 FOI/3

Organisational structure 4 FOI/4

Decision making process 2, 9,10,11,12 FOI/5

Public participation in the formulation of policy and performance of the Board’s functions through consumer and industry representatives. 3 FOI/6

Documents held No charge – available outside FOI For purchase

12, 14, 20, 21 FOI/7a

Operation of FOI: How applications are dealt with 19,20 FOI/8

OVERVIEWExecutive SummaryOperational StructureEnabling Legislation FOI/2 AND FOI/5Legislation Administered FOI/3Responsible MinisterArea of Jurisdiction FOI/3The Board FOI/6Board MembersBoard Meetings 2009Executive Staff FOI/4Organisational Structure FOI/4

Performance Management FrameworkContribution to Government GoalsGoal 1: State Building – Major ProjectsGoal 2: Financial and Economic ResponsibilityGoal 3: Outcome Based Service DeliveryGoal 4: Stronger Focus on the RegionsGoal 5: Social and Environmental Responsibility

Strategic Objectives of the Board FOI/2 Registration Compliance Dispute Resolution Education & AwarenessShared Responsibilities with Other Agencies

ACHIEVEMENTSRegistrationComplianceDispute ResolutionEducation & AwarenessChanges to Key PrioritiesRegistration FOI/5The Register of Painters Applications for RegistrationApplications for Review of a Decision of the Board to Refuse, Cancel or Suspend Registration, or Refuse Re-registration

Compliance FOI/5Site Visits and InspectionsInvestigationsBoard Referrals to the State Administrative Tribunal FOI/5Prosecutions and Disciplinary Action FOI/7a

Dispute Resolution FOI/5ComplaintsOrders Made by the BoardApplications for Review of an Order of the Board to Remedy Unsatisfactory Painting Work or Pay Costs.

Education and AwarenessStakeholder EducationPublications FOI/7aExhibitionsInformation Seminars/ForumsWebsitesSponsorships and Awards

SIGNIFICANT ISSUES AND TRENDSPainting ActivityChanges in Written LawLikely Developments and Forecast of OperationsProposals for Improving Operations

DISCLOSURES & LEGAL COMPLIANCEFinancial StatementsOmbudsman ComplaintsMinisterial DirectivesCapital WorksOther Key Legislation AdvertisingDisability Access and InclusionPublic Sector Standards and Ethical Codes Recordkeeping Plan Freedom of Information FOI/1 and FOI/8ApplicationsCharges FOI/7aDepositsAccess Arrangements FOI/8Viewing DocumentsNotice of Decision FOI/7aRefusal of AccessClient Information FOI/7a

GOVERNMENT POLICY REQUIREMENTSCorruption Prevention Substantive EqualityOccupational Safety and Health and Injury ManagementStatement of CommitmentFormal MechanismsStatement of Compliance with Injury Management RequirementsStatement Confirming Self EvaluationReport on Performance

APPENDICESAppendix A: Organisational Chart as at 31 December 2009Appendix B: Financial StatementsBoard Statement on its Finances

Appendix C: Information Statement

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