Performance and financial Legislative and Policy Based ...

Performance and financial management reporting

Legislative and Policy Based Reporting

186 ACT JUSTICE AND COMMUNITY SAFETY ANNUAL REPORT 11–12

SECTION C.1 – RISK MANAGEMENT AND INTERNAL AUDIT

RISK MANAGEMENT AND INTERNAL AUDIT

INTERNAL AUDIT ARRANGEMENTS

The internal audit and performance improvement function is an independent and objective review and advisory service that provides assurance to the Director-General that JACS financial management and business processes are operating efficiently and effectively to manage risk and achieve the Directorate’s objectives and assist in improving business performance.

Internal audit reviews and evaluates the effectiveness of the Directorate’s risk management process, internal control, and governance practices. It reports the functional outcomes of its investigations to the Audit Performance and Improvement Committee (APIC) and is accountable to the Director-General through the Executive Director, Governance for the efficient and effective operation of the internal audit functions within JACS. It also monitors action taken by relevant managers to address recommendations identified in the audit reports.

JACS Internal Audit uses the ACT Government’s whole-of-Government internal audit services panel contract for the provision of audit services. Audit services under this contract include performance, compliance and information technology.

In 2011–12, ten audits were presented to the APIC for consideration.

AUDIT AND PERFORMANCE IMPROVEMENT ACTIVITY – 2011–12

The following list summarises the main audit and performance improvement issues of importance dealt with by APIC during 2011–12:

• Directorate financial statements 2010–11

• risks for the Directorate

• development of a risk based internal audit plan

• Machinery of Government changes.

As part of the annual audit program, JACS initiated the following audits in 2011–12:

• rolling compliance audit program 6 (focus on leave and attendance management, emphasising on rostered personnel)

• risk management processes

• business planning processes

• records management

• review of fraud management

• cash management

• service leave – Ambulance

• procurement and contract management at the Alexander Maconochie Centre

• procurement – Office of Regulatory Services and Emergency Services Agency

• fee collection – Courts

RISK MANAGEMENT

In accordance with the requirements of the ACT Government’s risk management framework and as part of its overall fraud and corruption prevention framework, JACS revised its fraud and corruption prevention plan, which incorporates a refocus on its strategic risks.

JACS in conjunction with the ACT Insurance Authority (ACTIA) assisted with the development of a risk register template that complies with the new ACT Government risk management framework.

The new template has been adopted across the portfolio and the strategic risks identified have assisted to inform the JACS strategic risk management paper, highlighting the top risks for the Directorate and recommending appropriate action as required.

Business unit risk registers are reviewed on a quarterly basis by executive management council. Reports are also provided to the audit and performance committee on a quarterly basis. The audit committee also reviews JACS methodology for setting an appropriate control and risk management environment.

The Executive Director, Governance is the Senior Executive responsible for the reporting of risk under the Risk Management Framework.

SECTION C – LEGISLATIVE AND POLICY BASED REPORTING 187

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AUDIT AND PERFORMANCE IMPROVEMENT COMMITTEE

The APIC is an integral part of the governance arrangements of the Directorate, with particular emphasis being placed on better practices, continuous improvement, internal control mechanisms, risk management strategies, internal audit and ethical behaviour and integrity. The committee provides independent assurance and assistance to the Director-General on JACS risk, control and compliance framework and its external accountabilities. The committee encourages a corporate culture that supports ethical conduct and probity.

The APIC has six members: an independent chair, a deputy chair, an external member from

another ACT Government Directorate, the Executive Director of ACT Corrective Services, the Commissioner of Emergency Services Agency and the Executive Director of the Office of Regulatory Services. During 2011–12 the committee met six times, including the review of the Directorate’s financial statements. See Table 47.

The committee chair reports to the Director-General on the Directorate’s governance, risk and internal control environment. The committee oversees the development and implementation of the three-year strategic internal audit plan and the 12–month audit work plan. Both plans use a risk-based methodology to identify areas of strategic and operational risk.

Table 47: APIC Membership 2011–2012

Name of Member Position Duration Meetings attended

Peter Hoefer Independent Chair Part Year 3

Rachael Jackson Acting Executive Director, Governance, and Deputy Chair

Part Year 3

Lil Hays Acting Executive Director, Governance, and Deputy Chair

Part Year 1

Danielle Krajina Executive Director, Governance, and Deputy Chair

Part Year 2

Ian Hubbard Independent Member Part Year 1

Gordon Elliott Independent Member Part Year 4

Bernadette Mitcherson Member, Executive Director, ACT Corrective Services

Full Year 5

ACT Corrective Services Representative

Representative Part Year 1

Mark Crosweller Member, Commissioner Emergency Services Agency

Full Year 5

Brett Phillips Member, Executive Director, Office of Regulatory Services

Full Year 5

Office of Regulatory Services Representative

Representative Part Year 1

Moira Crowhurst Observer, Chief Finance Officer, JACS Full Year 6

Malcolm Prentice Observer, ACT Auditor-General’s Office Part Year 2

Russell Hearne Observer, ACT Auditor-General’s Office Part Year 1

ACT Auditor General’s Office Representative

Observer, ACT Auditor-General’s Office Part Year 1


SECTION C.2 – FRAUD PREVENTION

JACS is committed to minimising the incidence of fraud and corruption through the development, implementation and regular review of strategic risks.

As required under the ACTPS Integrity Policy, JACS has in place a fraud and corruption prevention plan and a fraud risk register. In May 2012 a review of fraud management within JACS was undertaken and presented to the Audit and Performance Improvement Committee. The review recommended that JACS revise and implement a whole of Directorate fraud and corruption prevention plan. The fraud and corruption prevention plan is currently being reviewed due to the reassessment of relevant strategic risks.

The objective of the fraud and corruption prevention plan is to provide the basis upon which JACS can control fraud and identify those key activities undertaken by the Directorate that require the implementation of additional controls to reduce the likelihood of fraud occurring.

JACS has recently revised its intranet site to provide ready access to relevant information that will assist staff within the portfolio in relation to risk, fraud and integrity. We are also reviewing the training and development provided to staff within the Directorate, to also focus on the new ACT Public Service values and behaviours.

JACS provides fraud, corruption and integrity awareness training as part of the Directorate’s induction program.

The Executive Director, Governance, is the Directorate’s Senior Executive Responsible for Business Integrity and Risk (SERBIR) and manages information pertaining to actual, alleged or suspected cases of fraud. The incidents reported and investigated during the period included three petty cash discrepancies. As a result of the investigations, procedures have been amended to incorporate refined reconciliation practices to confirm cash amounts prior to collection and banking.

There was also a series of unauthorised credit card transactions, which are subject to ongoing

investigations by the Australian Federal Police in conjunction with the Commonwealth Bank.

SECTION C.3 – PUBLIC INTEREST DISCLOSURE

The Public Interest Disclosure Act 1994 (the Act) provides a mechanism for any member of the public, including ACT Public Servants, to report wrongdoings in the ACTPS (otherwise known as whistle blowing). The Senior Executive Responsible for Business Integrity Risk deals with all allegations of fraud and corruption received.

JACS received two disclosures that were considered under the provisions of the Act, both regarding conduct of individual officers. The first was regarding alleged conduct that may amount to the exercise of any of his or her official functions dishonestly or with partiality (Section 4(2)(b) of the Act).

The other report was in relation to alleged conduct under section 4(2)(c) – conduct that amounts to a breach of public trust; and 4(2) (d) – conduct that amounts to the misuse of information or material acquired in the course of the exercise of official functions.

These matters were both referred for investigation under the more appropriate review mechanisms provided by the relevant enterprise agreement provisions. These were an internal review and misconduct investigation respectively.

One matter that was initially reported as a disclosure was not a disclosure and was subsequently investigated as misconduct and the individual officer to which the conduct alleged related subsequently resigned.

SECTION C.4 – FREEDOM OF INFORMATION

The ACT Freedom of Information Act 1989 (FOI Act) provides a legally enforceable right of access to all documents in the possession of the ACT Government subject only to exemptions to protect the legitimate interest of the ACT Government, and of the third parties who deal with the ACT Government. The Act requires certain reports to be compiled and included in


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any agency annual report. This report comprises reports under 4 sections of the FOI Act, as follows:

• Section 7 Statement for JACS

• Section 8 Statement for JACS

• Section 79(1) Statement for all ACT Government Directorates and agencies

• Section 79(2) statement for JACS

SECTION 7 AND 8 STATEMENT

This statement has been compiled for the Directorate in accordance with Section 7 and Section 8 of the FOI Act.

Section 7 of the FOI Act requires the Minister responsible for a Directorate to prepare and publish a statement outlining the Directorate’s organisation, functions and decision-making powers, the categories of documents available and facilities available to the public for accessing documents.

Section 8 of the FOI Act requires the Directorate to produce a list setting out all publicly accessible manuals which are used by the Directorate in making decisions under a legislative or administrative scheme. The Section 8 Statement is formally published on the JACS internet at www.justice.act.gov.au

This can include manuals or other documents containing rules, guidelines and practices as well as documents describing the administration of particular schemes or the procedures to be followed for the enforcement of legislative frameworks.

A list of legislation administered by the Attorney-General and the Minister for Police and Emergency Services is provided under the Legislation Report in Section B of this report.

This statement and document list is correct as at 30 August 2012 unless otherwise specified.

ORGANISATIONAL STRUCTURE

As a Directorate we are accountable to the ACT Attorney-General, Minister for Police and Emergency Services, and as of 22 November 2011, the Minister for Corrections.

Our Senior Executive comprises the Director-General, Deputy Director-General – Justice and Deputy Director-General – Community Safety.

The Director-General is responsible to the Attorney-General, Minister for Police and Emergency Services and Minister for Corrections for the achievement of outputs and targets as indicated by the Government. The Director-General is also responsible for the overall workforce planning and management of resources used by JACS to provide quality services to the Government and the ACT community.

The Deputy Director-General – Justice is responsible for providing high level policy advice to Government and ensuring that JACS services are provided in a professional, efficient and cost effective manner, particularly in the areas of law reform, ACT Courts and Tribunal as well as legislative drafting and legal services.

The Deputy Director-General – Community Safety is responsible for the operational aspects of the Directorate including regulatory services, corrections, emergency services, ACT Policing and all aspects of crisis management for the Territory.

An organisational structure can be found at Table 1.

PUBLIC PARTICIPATION IN DECISION MAKING

Arrangements for public participation in decision-making include public submissions to enquiries, discussion at public meetings, consultative committees for specific purposes, access to records through Freedom of Information (FOI) requests, comments on draft documents, and comments on Bills before the Assembly and contact with the relevant Minister.

CATEGORIES OF DOCUMENTS

The Directorate holds two basic categories of documents:

• Those that are freely available on request and without charge; and

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


• All other kinds of documents that may be available under the Freedom of Information Act 1989.

DOCUMENTS AVAILABLE ON REQUEST AND WITHOUT CHARGE

Documents within this category include publications produced by the Directorate on various aspects of its activities. These are available on request from the Directorate and may also be available on the Directorate’s website, www.justice.act.gov.au, or the websites of the agencies listed in this statement.

DOCUMENTS OF OTHER KINDS THAT MAY BE AVAILABLE UNDER THE FOI ACT

These include:

• general files including internal and public documents, minutes of meetings of management and other committees, agendas and background papers, policy statements, financial and staffing estimates;

• communications with other Directorates

• program and policy files

• diaries

• photographs, videos and films

• maps, plans and brochures

• technical reports and discussion papers

• financial and accounting records

• details of contracts

• records of government including the machinery of government

• leases and deeds of agreement.

FACILITIES FOR ACCESS

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

FOI requests should be directed to:

Justice and Community Safety FOI and Records Manager GPO Box 158 CANBERRA ACT 2601

SECTION 79(1) STATEMENT

Section 79(1) of the Act requires this Directorate to report on the number of FOI requests received by all ACT Government agencies and the number of days taken to complete the processing of each request (Table 48 refers).

During 2011–12, 715 requests were received under section 14 of the Act. This compares with 624 in 2011–12. There were no applications for the amendment of records under section 48. The Act was amended in February 2009 to remove the provision for conclusive certificates except in relation to documents affecting national security, defence or international relations. No conclusive certificates in relation to defence or international relations were issued during the 2011–12 reporting period.

AGENCY GUIDELINES AND INITIATIVES

Agencies provide a range of guidelines and support to officers who are charged with processing FOI requests. These guidelines and supporting materials are updated on a regular basis.

JACS has actively sought to improve the way in which FOI applications received by the Directorate are dealt with and processed. In early 2012, the Directorate initiated a comprehensive review of processes and procedures in relation to the administration of applications received under the FOI Act. The Directorate considered the recommendations of the review and has implemented them to the greatest possible extent within existing resources. The Directorate is also preparing guidelines on processing FOI applications, in order to facilitate a more consistent approach throughout the Directorate. JACS has previously published guidelines on the internet for the remission of fees in the public interest.

The Community Services Directorate has initiated a number of measures to assist its officers


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Table 48: Freedom of Information Requests 2011–2012 – Time Taken to Finalise FOI request

Agency No of Requests

Received 1**

30 days or less

31 to 45 days

46 to 60 days

61 to 90 days

91 days or more

Not yet finalised

With-drawn

Auditor-General’s Office

0 0 0 0 0 0 0 0

CHIEF MINISTER’S PORTFOLIO

Chief Minister and Cabinet Directorate

412 12 6 3 1 3 143 2

ACT Long Service Leave Authority

0 0 0 0 0 0 0 0

TREASURY PORTFOLIO4

Treasury Directorate - - - - - - - -

Shared Services - - - - - - - -

EDUCATION & TRAINING PORTFOLIO

Education and Training Directorate

41 18 4 4 1 0 9 5

CIT 8 6 0 2 0 0 0 0

University of Canberra 11 9 2 0 0 0 0 0

ACT Building and Construction Industry Training Fund Authority

0 0 0 0 0 0 0 0

COMMUNITY SERVICES PORTFOLIO

Community Services Directorate

160 80 40 7 3 0 24 6

Cultural Facilities Corporation

0 0 0 0 0 0 0 0

HEALTH PORTFOLIO

Health Directorate 60 24 6 45 66 0 9 11

1. Includes requests carried over and finalised from previous year.

2. Includes three transferred to other agencies.

3. Includes eleven where awaiting responses from applicants on scope revision/clarification or imposed charges.

4. Treasury Directorate did not provide information for the 2011–12 financial year.

5. 3rd party consultation was conducted for all of these applications.

6. 3rd party consultation conducted for 3 of these applications.


7. Extensions were granted by the applicant for all but one of the decisions made after 30 days.

8. Extensions were granted by the applicants for all of these applications.

Agency No of Requests

Received 1**

30 days or less

31 to 45 days

46 to 60 days

61 to 90 days

91 days or more

Not yet finalised

With-drawn

TERRITORY AND MUNICIPAL SERVICES PORTFOLIO

Territory and Municipal Services Directorate

73 29 13 8 5 6 9 3

ECONOMIC DEVELOPMENT DIRECTORATE

Economic Development7

31 12 6 1 1 0 1 10

Exhibition Park in Canberra

0 0 0 0 0 0 0 0

Gaming and Racing 3 1 0 0 0 0 0 2

Land Development Agency

9 4 38 0 0 0 0 2

JUSTICE AND COMMUNITY SAFETY PORTFOLIO

Justice & Community Safety Directorate

117 68 14 16 4 1 1 13

ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DIRECTORATE

Environment and Sustainable Development Directorate

144 88 12 12 5 0 10 17

TOTAL 698 351 106 57 26 10 77 71


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comply with their obligations under the FOI Act. FOI guidelines and information are provided to new Directorate employees at four Directorate Induction training sessions per year. CSD’s FOI coordinators also attended quarterly FOI practitioners forums conducted by the Australian Government Solicitor, as well as FOI Contact Officers Meetings conducted by the Australian Information Commissioner. CSD also provided specialist training to new FOI coordinators and newly delegated decision makers.

The Economic Development Directorate conducted a thorough review of its FOI guidelines. This review culminated in the redrafting of the Directorate’s guidelines.

The Chief Minister and Cabinet Directorate established a new FOI information page on the Chief Minister and Cabinet website. This website provides potential applicants with useful advice on the FOI application process, including information regarding the appropriate recipient for FOI applications, the exemptions from the right to access contained in the FOI Act and the fees and charges that may be applicable in relation to FOI applications. CMCD also held a full-day Introduction to FOI training session. This session was conducted by a senior lawyer from the Australian Government Solicitor’s Office and was tailored for decision-makers and officers involved in processing FOI applications.

Territory and Municipal Services Directorate staff attended a number of training sessions during the 2011–12 year, including courses on the exemption provisions of the FOI Act, acting as a

decision-maker, consultation on FOI applications as well as FOI charges and timelines.

There is continual interaction and review of FOI responses between sections of the Directorate and the FOI coordinators. FOI training was provided to decision makers and action officers by the ACT Government Solicitor.

SECTION 79(2) STATEMENT

Under section 79(2), JACS is required to report on decision making outcomes in relation to FOI requests it received during the year. In total, 117 requests were received during 2011–12. The number of requests was comparable to 2010–11, where the total number of requests was 100.

Table 49 meets the requirements of section 79 (5) in relation to the number of requests and the type of decision made during 2011–12 financial year.

INTERNAL REVIEWS AND ADMINISTRATIVE APPEAL APPLICATIONS

There were 4 requests for internal review received under section 59 of the FOI Act during the 2011-12 financial year.

There has been 1 appeal to the ACT Civil and Administrative Tribunal conducted in relation to a decision under the Act during the 2011–12 financial year.

Table 49: FOI Decision Making Outcomes

Decision Number of Requests Percent (%)

Full release 7 5.98

Partial release 72 61.54

Entire exemption 16 13.68

Technical refusal (documents found) 6 5.13

Still being processed 1 0.86

Transferred 2 1.71

Withdrawn 13 11.11

TOTAL 117 100


FEES AND CHARGES

The Directorate collected $0 in relation to the processing of requests.

AMENDMENT OF PERSONAL RECORDS

The Directorate did not receive any requests under section 48 to amend personal records.

SECTION C.5 – INTERNAL ACCOUNTABILITY

The Justice and Community Safety Directorate has an established organisational chart which

provides the names of all senior executives, their responsibilities aligned to whole-of-Government output structure. The organisational chart also documents the relationship between the output structure and the key strategic indicators for each output class.

JACS organisational chart can be found in Section A1 - Table 1.

EXECUTIVE REMUNERATION

The Director-General and senior executives are engaged under contracts not exceeding five years. Remuneration is determined by the ACT Remuneration Tribunal. All executive contracts are tabled in the ACT Legislative Assembly.

SENIOR MANAGEMENT COMMITTEES

JACS has a rigorous governance framework at both the portfolio and business/operational level. The governance framework is structured to assist in decision making at all levels.

The governance committees at the whole of portfolio level are as follows:

Table 50: Senior Management Committee Structure

Terms of Reference

Name of Committee

Role of Committee Membership

TOR1 IMICT Committee

The IM/ICT Committee is responsible for setting and monitoring the strategic direction of the Directorate’s Information Management (IM), Information Communications Technology (ICT) business systems, planning and policies which are in line with the Directorate’s overarching Business Strategic Plan and the ICT Strategic Plan.

The focus of the Committee is strategic and tactical – not operational. The Committee is not concerned with the day-to-day management of information, business systems or associated technology.

Deputy Director-General


Divisional Representation (to be discussed at EMC)

Strategic Relationship Manager (Shared Services ICT)

ICT Manager JACS (Shared Services ICT)

Manager, Internal Audit and Risk (Observer)


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Terms of Reference

Name of Committee


TOR2 Executive Management Council

The Executive Management Council sets the corporate governance arrangements for the Directorate; identifies, drives and reviews key Directorate priorities; monitors the effectiveness of the corporate governance committees including reviewing committee minutes and holding discussion by exception on issues arising; monitors the performance of the Directorate against its commitments, goals and objectives; commissions, approves and reviews enabling Directorate policies, and in undertaking the above, considers the whole-of-Government and external environment in which the Directorate operates.

Director-General



Executive Director, Governance (Chair)

Executive Director, Capital Works and Infrastructure (CWI)

Executive Director, People and Workplace Strategy (PWS)

Chief Finance Officer

Executive Officer to DG (Observer)

TOR3 JACSCOM The JASCOM forum acts as a conduit for what is happening in the Directorate and provides an opportunity for the Director-General to relay whole-of-Government and Directorate messages.

All business unit heads or their representative.

TOR4 Sustainability Committee

The Sustainability Committee is responsible for leading the Directorate as it tracks towards carbon neutrality, and improving environmental performance and sustainability outcomes.

Representatives from all business units.


Terms of Reference

Name of Committee


TOR5 Executive Work Health and Safety Committee – Tier 1

The Executive Work Health and Safety Committee is responsible for:

• Defining and endorsing the Work Health and Safety strategic direction

• Review of information related to workplace health and safety performance so as to assist the Directorate in producing, updating and monitoring workplace health and safety, policies and programs

• Review of risk management activities occurring within the Directorate

• Assist in the integration of WH&S matters into day to day management activities and decision making

• Endorse training and education for particular groups in order to address identified WH&S issues

• Assist in the development, review and distribution of work health and safety, practices, procedures and policies to employees within the workplace.

Director-General (Chair)

One management and one health and safety representative from each Tier 2 Health and Safety Committee listed below:

Tier 2 Workplace Advisory Committee

Group 1 Corporate Services, Strategic Finance, Security and Emergency Management Branch, ACT Law Courts & Tribunal, ACT Government Solicitors, Legislation and Policy Branch, ACT Parliamentary Counsels Office

Group 2 ACT Corrective Services

Group 3 Office of Regulatory Services

Group 4 Victim Support ACT, Director of Public Prosecutions, Public Trustee for the ACT, ACT Electoral Commission, Human Rights Commission, Public Advocate of the ACT

Group 5 ACT Emergency Services Agency

One Representative from the following unions:Australian Manufacturing Workers Union Community and Public Sector Union Construction Forestry Mining and Energy Union Electrical Union Transport Workers Union United Firefighters Union of Australia United Services Union

Ex-Officio Members Manager People and Workplace Strategy or nominee, and JACSD Injury Prevention Advisor or nominee


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Terms of Reference

Name of Committee


TOR6 Audit Performance and Improvement Committee

The Committee is an advisory body to the Director-General to assist in the discharge of responsibilities as prescribed in the Financial Management Act 1996 and the Chairperson will provide reasonable assurance, as part of the bi-quarterly reporting process, to the Director-General that the Directorate’s business objectives are being achieved within the appropriate framework.

The Committee provides independent assurance and assistance to the Director-General on the Directorate’s risk, control and compliance framework and external accountabilities.

The Committee should have a maximum membership of six, including the appointment of an independent chairperson.

JACS APIC currently has six members: Chair, ED Governance, ED Corrective Services, ESA Commissioner, ED ORS, and Independent ACT Government Member.

TOR8 Workplace Consultative Committee

The terms of reference for the committees are in accordance with the relevant enterprise agreement.

Relevant union and nominated Directorate representatives.


Terms of Reference

Name of Committee


TOR9 Finance Committee

The purpose of the Finance Committee is to provide leadership and direction in financial strategy and financial management of the Directorate and to provide advice and support in the discharge of responsibilities of the Director-General as outlined in section 31 of the Financial Management Act 1996 (FMA).

• Director-General – Chair

• Deputy Director-General (Justice)

• Deputy Director-General (Community Safety)

• Executive Director, People and Workplace Safety

• Executive Director, Capital Works and Infrastructure

• Chief Finance Officer

• Executive Director, Corrective Services

• Executive Director, Office of Regulatory Services

• Commissioner, Emergency Services Agency

• Courts Administrator

Group 1 Representative:

• Legislation and Policy Branch

• ACT Government Solicitor

• Parliamentary Counsel

• Security and Emergency Management

Group 2 Representative:

• Office of Director of Public Prosecutions

• ACT Electoral Commission

• Public Advocate ACT

• Human Rights Commission

• Victim Support ACT

Group Manager (Budgets and Statement of Performance) - Permanent Advisor

Group Manager (Financial Reporting) Permanent Advisor

Finance Manager (Capital Works and Assets) Permanent Advisor


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Decisive Committees

Consultative Committees

Executive Management Council

Finance Committee

Audit and Performance Improvement

Committee

Information Management/Information and

Communication Technology

JACS Committee

(JACSCOM)

Directorate Consultative Committee

Tier 1 Executive Work Safety Committee

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BUSINESS AND OPERATIONAL COMMITTEES

Table 51: Business and operational committees

Name of Committee Role of Committee Membership

ACT Courts Governance Committee The committee provides a regular forum for the discussion of key strategic issues affecting the administration of the ACT Law Courts and Tribunal.

Attorney-General

Director-General

Chief Justice

President of the Court of Appeal

Chief Magistrate

General President of ACAT

Director-General JACS and the

Courts Administrator.

Emergency Services Governance Committee

The committee provides a regular forum for the discussion of key strategic issues affecting the administration of the Emergency Services Agency.

Minister for Policy and Emergency Services

Commissioner for Emergency Services

Chief Officer Fire and Rescue

Chief Officer RFS

Chief Officer ACTSES

Chief Officer Ambulance Service


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CORPORATE PLANNING

JACS commenced the development of our Strategic Plan 2012–2017 in early 2012.

A series of workshops were conducted with all parts of the portfolio, including our statutory office holders. The outcome of the workshops was presented at the Executive Forum consisting of all JACS executives, who together endorsed their commitment to the plan.

The plan acknowledges that it is the JACS diversity that makes the portfolio both challenging and exciting.

There is recognition that as a Directorate and together with associated statutory offices under the umbrella of the single ACT Public Service we assist the Government to set and implement priorities.

Underpinning our strategy is the need to provide leadership, support and development for the people of Justice and Community Safety as we strive to improve the services we provide to our Ministers, citizens and each other.

The Strategic Plan sets out how we will act collectively to achieve this and incorporates our commitment to the new public sector values and behaviours.

SECTION C.6 – HUMAN RESOURCE PERFORMANCE

During 2011–12 the Directorate continued its focus on improving the capabilities of staff and workplace health and safety strategies.

Key initiatives and activities undertaken during the reporting period included:

• negotiation and implementation of the JACS replacement enterprise agreement

• continued negotiations for replacement ACT Ambulance Service and ACT Fire and Rescue enterprise agreements

• delivery of centrally coordinated training and development for identified core skills

• continuation of the implementing and embedding of the ACTPS Respect, Equity and Diversity framework

• development and launch of the JACS Aboriginal and Torres Strait Islander employment action plan 2012–15

• ongoing implementation of JACS workplace health and safety and injury improvement plan 2008–12

• development and implementation of business unit work health and safety risk registers

• 14 persons joined JACS under the ACT Government graduate program, ACTPS Aboriginal and Torres Strait Islander traineeship and work experience and support program.

Throughout the reporting period, business units continued to work with staff to deliver achievable actions developed following the release of results of the staff survey undertaken in 2010–11.

Details of activity in these priority areas are provided in the following sections.


SECTION C.7 – STAFFING PROFILE

The workforce profile at the date of reporting was 1,748.2 Full-Time Equivalent (FTE).

The following staffing profile tables include staff from the Public Trustee for the ACT and judicial officers. The statistics differ from those which appear in the Budget papers and the Directorate’s financial report. All statistics exclude board

members and people on leave without pay. Staff members who have separated from the ACT Public Service, but received a payment in the last pay period of the year are included.

Table 52: JACS FTE and Headcount

Female Male

FTE by Gender 704.9 1043.3

Headcount by Gender 762 1071

% OF WORKFORCE (HEADCOUNT) 42% 58%

Table 53: Classifications (Headcount):

Classification Group Female Male Total

Administrative officers 399 258 657

Ambulance officers 68 133 201

Correctional officers 44 125 169

Executive officers 14 26 40

Fire brigade officers (Fire and Rescue Officers) 7 329 336

General service officers and equivalent 0 20 20

Health professional officers 11 0 11

Judicial officers 5 7 12

Legal officers 50 31 81

Legal support 15 0 15

Professional officers 5 2 7

Prosecutors 21 20 41

Senior officers 116 110 226

Statutory office holders 6 5 11

Technical officers 1 3 4

Trainees and apprentices 0 2 2

TOTAL 762 1,071 1,833


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Table 54: Employment Category by Gender (Headcount):

Employment Category Female Male Total

Casual 12 17 29

Permanent Full-time 538 946 1484

Permanent Part-time 96 20 116

Temporary Full-time 107 84 191

Temporary Part-time 9 4 13

TOTAL 762 1,071 1,833

Table 55: Average Length of Service by Gender by Age-Group:

Average Length of Service

Pre-Baby Boomers

Born 1900–1945

Baby Boomers Born 1946–

1964

Generation X Born 1965–1979

Generation Y Born 1980

onwards

Total

F M F M F M F M F M

0–2 1 3 47 30 67 98 126 94 241 225

2–4 0 0 16 48 31 56 45 37 92 141

4–6 1 1 28 39 45 84 49 35 123 159

6–8 1 1 14 18 23 62 17 15 55 96

8–10 0 1 25 11 22 40 15 6 62 58

10–12 1 2 25 20 29 50 1 3 56 75

12–14 0 1 14 14 8 10 1 1 23 26

14+ years 2 2 65 218 43 71 0 0 110 291

Table 56: Total Average Length of Service by Gender:

Gender Average length of service

Female 7.1

Male 10.1

Total 8.8


Table 57: Age Profile:

Age Group Female Male Total

<20 7 2 9

20–24 71 44 115

25–29 103 88 191

30–34 115 125 240

35–39 71 153 224

40–44 114 177 291

45–49 95 154 249

50–54 92 162 254

55–59 65 105 170

60–64 21 45 66

65–69 6 12 18

70+ 2 4 6

Table 58: Agency Profile:

Branch/Division FTE Headcount

ACT Government Solicitor 72.2 79

ACT Corrective Services 291.9 311

Corporate 55.4 58

Director of Public Prosecutions 67.7 77

ACT Electoral Commission 6.0 6

Emergency Services Agency 627.0 642

ACT Human Rights Commission 24.0 28

Law Courts and Tribunal 151.0 158

Legislation and Policy Branch 42.5 45

Office of the Director-General 6.9 7

Office of Regulatory Services 200.2 211

Parliamentary Counsel’s Office 19.5 22

Public Advocate of ACT 15.7 17

Public Trustee for ACT 38.1 39

Security and Emergency Management Branch 11.0 11

Strategic Finance 10.6 11

Transport and Infrastructure 94.5 95

Victim Support ACT 14.2 16

TOTAL 1,748.2 1,833


SECTION CTable 59: Agency profile by employment type:

Branch/Division Permanent Temporary Casual

ACT Government Solicitor 63 14 2

ACT Corrective Services 252 38 21

Corporate 47 11 0

Director of Public Prosecutions 57 19 1

ACT Electoral Commission 5 1 0

Emergency Services Agency 624 16 2

ACT Human Rights Commission 19 9 0

Law Courts and Tribunal 121 34 3

Legislation and Policy Branch 34 11 0

Office of the Director-General 4 3 0

Office of Regulatory Services 189 22 0

Parliamentary Counsel’s Office 19 3 0

Public Advocate of ACT 13 4 0

Public Trustee for ACT 34 5 0

Security and Emergency Management Branch 8 3 0

Strategic Finance 8 3 0

Transport and Infrastructure 90 5 0

Victim Support ACT 13 3 0

TOTAL 1,600 204 29

Table 60: Equity & Workplace Diversity:

A B C

Aboriginal and/or Torres Strait Islander

Culturally & Linguistically Diverse (CALD)

People with a disability

Employees who identify in any of the Equity & Diversity categories (A, B or C)*

Women

Headcount 18 138 26 179 762

% of Total Staff 1.0% 7.5% 1.4% 9.8% 41.6%

* Employees who identify in more than one equity and diversity category should only be counted once.


SECTION C.8 – LEARNING AND DEVELOPMENT JACS continues to invest in building the capability of its employees to meet the delivery of services. As a portfolio we hold two registered training organisations who deliver nationally recognised qualifications for employees of the ACT Corrective Services and employees and volunteers of the Emergency Services Agency. Programs delivered also supported Section A of the JACS Enterprise Agreement 2011–13.

Highlights for 2011–12 include:

• a total of 2,266 individual attendances in training and development programs, including studies (excluding DPP, Electoral Commission and PTACT, and vocational training provided by the ACTCS and ESA registered training organisations)

• 123 staff undertook leadership development programs

• staff participated at cross-Directorate roundtables and provided input to the drafting of the ACTPS Values and Behaviours and ACTPS Code of Conduct

• 717 staff attended programs which included components on ethics

• all new starters in JACS participated in workshops relating to the development of Personal Achievement and Development Plans – at least 394 staff completed their plans

• $517,685 has been invested in staff training and development (this excludes training provided by the Emergency Services and ACT Corrective Services registered training organisations)

• between the launch of the ACTPS Respect, Equity and Diversity Framework in December 2010 and June 2012, at least 319 executives and managers attended Respect, Equity and Diversity Awareness sessions which also covered Bullying Prevention and Management Training. 281 staff attended Respect, Equity and Diversity and Workplace Bullying and Harassment Awareness sessions

• launch of the JACS Aboriginal and Torres Strait Islander Employment Action Plan 2012–15 in June 2012.

STAFF DEVELOPMENT

TRAINING

As at 30 June 2012 there were 2,266 attendances – or 17,109 training hours – in training and development programs provided centrally by

Table 61: Learning and Development Initiatives

Learning and Development Initiative Number of participants

ACTPS graduate program 7

Young professionals’ network 6

Future leaders program 3

Executive development program 3

Public sector management program 2

Certificate IV in frontline management 11

Certificate IV in Government 12

Certificate IV in Government (investigation) 16

Diploma of project management 12

Certificate IV in mediation 15

Diploma of Government (workplace inspection) 14

Advanced diploma of Government 2


SECTION C

the Organisational Development Unit, Shared Services Training and Development Unit and specialist programs offered by business units.

This does not include training programs managed by the ACTCS and ESA registered training organisations.

Of the participants who attended the training programs provided centrally, 45.4% were male and 54.6% female.

STUDIES ASSISTANCE

As a portfolio, JACS continued its support for staff through its studies assistance scheme. In 2011–12 JACS invested $36,771 in studies assistance for 39 staff, including an Aboriginal and Torres Strait Islander staff member.

REGISTERED TRAINING ORGANISATIONS

ACTCS and ESA continue to maintain their status as registered training organisations, providing competency based training for existing staff.

ACTCS REGISTERED TRAINING ORGANISATION

ACTCS training and development unit is responsible for the coordination, delivery and management of accredited and non-accredited vocational training to ACTCS personnel, in addition to managing the agency’s registered training organisation status. The training and development unit also provides training to external personnel who work within operational areas or with detainees.

The following areas continued as a focus:

• management of ACTCS RTO to ensure ACTCS is able to deliver nationally accredited courses, conduct assessments and the issue qualifications

• management of relationships with external training partners such as ACT Emergency Services Agency and Corrective Services NSW

• provision of professional advice on industry specific training and professional development to the ACTCS executive, senior management team and other Australian correctional jurisdictions

• progression of learning and development commitments contained in the JACS

Enterprise Agreement, including assisting officers to gain the relevant competencies and qualification.

An estimated 8,000 hours of structured training has taken place during the reporting period to a range of operational and non-operational personnel. This includes the custodial mandatory training program and three entry-level training programs for trainee custodial officers.

248 units of nationally accredited training were also delivered, resulting in the following qualifications being issued during the reporting period:

• Certificate III in correctional practice – 23 completed

• Certificate IV in correctional practice – 8 completed

• Certificate IV in training and assessment – 4 completed.

A review of a number of existing processes and training packages was undertaken as part of the training and development unit’s continuous improvement process, including:

• the development of an operational skills training package incorporating a use-of-force philosophy, operational safety principles and communications package to better equip personnel to manage violent and non-compliant detainees. This project also incorporated the training of Operational Skills Training instructors to deliver the package

• the creation of a fire awareness officer training package for custodial personnel. The package aims to improve officers’ awareness of fire related workplace health and safety issues and contributes to WH&S in an operational environment

• the development of the ‘Many backgrounds. One Rewarding Career’ recruitment campaign to promote diversity within ACTCS.


ESA REGISTERED TRAINING ORGANISATION

An estimated 91,000 hours of structured training took place within the ESA during the reporting period, delivered to both employees and volunteers. This included operational skills acquisition and maintenance training, corporate and leadership training and education activities.

The ESA Registered Training Organisation continued delivery of nationally recognised qualifications. 230 qualifications were issued under the Public Safety Training Package and the Health Services Training Package during the reporting period, to both employees and volunteers. Qualifications ranged from the Certificate II to the Advanced Diploma level.

Key achievements include:

• 46 Certificate IV and 78 Diploma qualifications were issued to ACT Fire & Rescue members through various programs under the Certified Agreement Training Program.

• $139,040.97 received to date in progression payments to support the implementation of the Diploma and Advanced Diploma fire qualifications under the federal Enterprise Based Productivity Places Program.

• Delivery of education programs under Australian Apprenticeships (AA) arrangements for ACT Ambulance Service and ACT Fire & Rescue students. 56 students entered into traineeships during the reporting period.

• The development of the Wildfire Arson Investigation Management Course on behalf of the Federal Attorney-General’s Department, managed by the ACTRFS and ESA Training, is in its final phase and is expected to be completed in October 2012.

• The new training package for CFU Volunteers was completed by ACTF&R in October 2011. This new accredited package was accepted by the CFU team leaders and consultative committee and delivered cooperatively by ACTF&R staff and CFU volunteers. The national package was adapted to suit the ACT environment and complies with section 50 of the Emergencies Act 2004. Training included work health and safety policies and procedures, care and maintenance of

equipment, communication and basic fire protection techniques.

• Continued delivery of training in the Australasian Interagency Incident Management System (AIIMS) for ESA staff and volunteers, and external agencies (a total of 207 individuals participated).

• Review undertaken across the ESA of common training programs for efficiency and central coordination.

PROVISION OF OTHER TRAINING

During the reporting period the ACT Government Solicitor, Legislation and Policy Branch, Parliamentary Counsel’s Office and Office of Regulatory Services conducted training for internal staff and their clients. The purpose of this training was to improve understanding of and compliance with the relevant pieces of ACT legislation that JACS manages.

FUTURE STAFF DEVELOPMENT

Training for 2012–13 will continue to be focused towards supporting JACS objectives and participation in whole-of-Government programs, while strengthening the capability of our diverse workforce. Business Units and RTOs will continue to deliver training applicable for all employees.

GRADUATE PROGRAM

In 2011–12 JACS recruited seven graduates under the ACT Public Service Graduate Program. These graduates attended the Directorate’s induction as well as a graduate network meeting where they met senior management. Graduate supervisors also received training, including a session on mentoring.

TRAINEESHIPS

23 custodial recruits were employed throughout the reporting period, with 21 completing all the requirements of the entry-level training program. No community-based corrections trainees were employed during the 2011–12 financial year.

JACS participated in the Aboriginal and Torres Strait Islander traineeship program interagency working group and employed one person under this traineeship program in 2010–11 who has been promoted to an ASO2 classification


SECTION C

level following successful completion of the traineeship.

JACS has shortlisted five applicants under the 2012–13 traineeship program who will commence the program in July 2012.

INTERNSHIPS AND WORK EXPERIENCE

Throughout the reporting period JACS offered internships and work experience opportunities to 33 persons, including six migrants under the work experience and support program.

RESPECT, EQUITY AND DIVERSITY

JACS undertook a number of activities relating to Respect, Equity and Diversity (RED) since the launch of the ACTPS Respect, Equity and Diversity Framework on 2 December 2010, including:

• the ongoing appointment of the Public Trustee for the ACT, Andrew Taylor and Assistant Director, Director of Public Prosecutions, Alyn Doig, to be JACS RED executive sponsors. Both executive sponsors and JACS People and Workplace Strategy Executive Director had participated in the RED Executive Sponsors training

• training of 25 volunteers to be RED Contact Officers in 2011–12 by the ACT Human Rights Commission, making a total of 34 RED contact officers across the portfolio

• ongoing implementation of the JACS guidelines on managing bullying and harassment in the workplace

• delivering RED awareness and managing workplace harassment and bullying sessions to 319 executives and managers, jointly delivered by WorkSafe ACT and JACS organisational development unit

• delivering RED and Bullying and Harassment Awareness sessions to 281 staff jointly delivered by WorkSafe ACT and JACS organisational development unit

• inducting new employees on RED

• delivering 11 Aboriginal and Torres Strait Islander Cultural Awareness Training Programs in 2011–12 with 187 executives and staff attending

• launching JACS Aboriginal and Torres Strait Islander Employment Action Plan in conjunction with the launch of JACS Reconciliation Action Plan on 29 June 2012

• promoting RED through our internal newsletter – JACSNews.

JACS staff also participated in a number of events throughout the reporting period including:

• NAIDOC Week – participation in the 35th Annual Aboriginal Hostels Limited Luncheon, afternoon tea with a speech from Ms Tracey Whetnall, JACS Indigenous Official Visitor at the AMC and an art exhibition by Aboriginal and Torres Strait Islander detainees held at the Alexander Maconochie Centre

• DisabiliTEA – an afternoon tea organised by ACT Human Rights Commission to raise awareness of the need for a National Disability Insurance Scheme, as recommended from a productivity inquiry into disability care and support

• International Women’s Day – a forum was held on 8 March 2012 with guest speakers including Chief Magistrate Lorraine Walker, Sergeant Donna Hofmeier (ACT Policing) and Heidi Yates (Women’s Legal Centre)

• A Taste of Harmony – was enjoyed by many business units across the portfolio during the week of 19–25 March 2012. Staff celebrated their cultural diversity through the sharing of culture and food in their workplaces. In doing so, $311 was raised by staff for the JACS4GreaterGood Workplace Giving Scheme managed by the Public Trustee for the ACT

• National Reconciliation Week – a presentation by Dr Anita Heiss, Aboriginal author, poet and social commentator on 30 May 2012, and a screening of Land Bilong Islanders by ACT Human Rights Commission on 1 June 2012 to celebrate the 20th anniversary of the historic Mabo decision.

AWARDS AND RECOGNITION

JACS DIRECTOR-GENERAL AWARDS

JACS Director-General, Kathy Leigh, presented a number of awards to individuals and teams from business units across the portfolio as part of


the inaugural JACS Director-General Awards at a ceremony held on 7 March 2012.

The awards recognised the efforts of staff either for their achievements and contribution to the workplace, exhibiting a high degree of collaboration and teamwork, or consistently displaying JACS values of quality, responsiveness and respect to a high level.

26 nominations were received for both teams and individuals across four award categories, namely Business Partnership, Innovation, Customer Service and Leadership.

The Director-General Awards and accompanying ceremony will be an annual feature on the JACS calendar.

Recipients of awards were:

Business Partnership

JACS point-to-point camera project team*

Forensic Medicine Centre project team*

Doreen Tan*

Anne Edwards*

Nikki Bensch**

Customer Service

Public Trustee for the ACT reception team*

Kendall Lewer*

Jenna McNeill*

Legislative Publishing Section of the Parliamentary Counsel’s Office**

Innovation

Restorative Justice Unit*

Unit Titles Act review team*

ACT Fire and Rescue Collective Agreement training project team**

Leadership

ACT Ambulance Service Operation Support Team*

Colin Lyons*

Victor Martin**

* Denotes award winner

** Denotes special commendation recipient

2011 TELSTRA ACT BUSINESS WOMEN’S AWARDS

Deputy Chief Solicitor, Dr Loretta Zamprogno was a finalist in the community and Government award section of the 2011 Telstra ACT Business Women’s Awards.

2012 CANBERRA CITIZEN OF THE YEAR

GreaterGood Chairman and CEO of the ACT and Region Chamber of Commerce and Industry, Dr Chris Peters AM, was announced as the 2012 Canberra Citizen of the Year.

NATIONAL MEDAL

41 ESA staff and volunteers were awarded the national medal and respective clasps in recognition of their diligent long service and contributions to maintaining the safety of the Canberra and surrounding community. National medals are presented for 15 years of qualifying service, with clasps presented for each additional qualifying period of 10 years of service.

The recipients are as follows:

ACT Emergency Services Agency

Richard McRae 1st Clasp

ACT Ambulance Service

Joy Gibbs National Medal

Robert Trevillion National Medal

Joanne Miles National Medal

Phillip Owen National Medal

Paul Ribbons 1st Clasp

Trevor Stohr 1st Clasp

ACT Fire and Rescue

Maxwell Colefax National Medal

Ryan Dixon National Medal

Sam Evans National Medal

John Pappas National Medal

Justin Morrison 1st Clasp


SECTION C

Keith Chavasse 1st Clasp

Paul Ingram 1st Clasp

John Wilson 2nd Clasp

Ronald Hourigan 3rd Clasp

ACT Rural Fire Service

John Russell National Medal

Felicity O’Neill National Medal

Craig McKay National Medal

Andrew Geike National Medal

Allan Gumm National Medal

Jason Gerebtzoff National Medal

John Hyles National Medal

Kelvin Curtis National Medal

Kenneth Rodda National Medal

David Pennock National Medal

Karim Haddad National Medal

Simon Katz 1st Clasp

Anthony Corrigan 1st Clasp

John Lawler 1st Clasp

Steve Angus 1st Clasp

Kevin Hogan 1st Clasp

Phillip Blayden 1st Clasp

Clyde Hunt 1st Clasp

Richard Woods 2nd Clasp

Peter Galvin 2nd Clasp

Desmond Clark 3rd Clasp

ACT State Emergency Service

Gordon McAlpine National Medal

Luke Pinner National Medal

Stephen Loiterton 1st Clasp

Peter McEncroe 2nd Clasp

ACT Community Protection Medal

Four emergency services members were honoured with the ACT Community Protection Medal for demonstrating exemplary service to the community. The 2012 recipients of the medal are:

Sally Jaggard ACT Ambulance Service

Mark Phillips ACT Fire & Rescue

Tony Greep ACT Rural Fire Service

Donna Osbourne ACT State Emergency Service

SECTION C.9 – WORKPLACE HEALTH AND SAFETY

During 2011–12 a number of key initiatives were identified for improving and managing workplace health and safety across JACS. They include:

• root cause analysis of lost time incidents

• the development and implementation of business unit work health and safety risk registers

• the continuous improvement of JACS work health and safety management system

• forming partnerships with JACS Capital Works and Infrastructure to improve contractor compliance with safety requirements during capital and minor works projects

• undertaking training and education in hazard identification and risk management as per the objects of the Work Health and Safety Act 2011 and the

• the ongoing implementation of JACS workplace health and safety and injury improvement plan 2008–12.

LEADERSHIP

JACS work health and safety committee meetings were held quarterly throughout the reporting period and were attended by the Director-General, senior executives, health and safety representatives and unions.


The following areas of focus occurred in 2011–12:

• 19 worker consultation units have been established across JACS, providing a mechanism for consultation on work safety matters

• worker consultation units have been meeting on a monthly or a quarterly basis at a minimum

• 88% of identified managers and supervisors have undertaken a one day workplace health and safety course delivered by CIT Solutions.

INJURY PREVENTION

Throughout 2011–12 the focus for JACS has been:

• promoting the early notification of accidents and incident electronic template

• educating managers and staff to understand and apply risk management principles in identifying hazards in the workplace including identification, assessment and control

• promoting health and wellbeing

• risk rating all accidents and incidents to identify the consequence and root cause of an accident/incident

• conducting ergonomic workstation assessments (total of 159 for the reporting period).

HEALTH AND WELLBEING

JACS continued to offer a range of health activities throughout the reporting period, including:

• access to gymnasiums and equipment for ESA and ACTCS

• 694 employees participated in the flu and H1N1 vaccination program

• employees were able to access JACS health and wellbeing initiative for financial assistance towards the purchase of health promotion activities and sporting equipment

• promotion of the employee assistance program via the Respect, Equity and Diversity framework, staff induction and JACS intranet.

NATIONAL SAFETY WEEK

As part of national safety week, JACS coordinated a seminar on risk. The seminar was attended by approximately 100 people from a diverse range of agencies within both ACT and federal Government as well as private enterprise.

Those who attended the seminar were fortunate to hear from an informative panel of experts including Professor Andrew Hopkins who spoke about the organisational and cultural causes of major accidents, in particular, lessons learned from the Gulf of Mexico blowout.

ESA Commissioner, Mark Crosweller and the ACT Work Safety Commissioner, Mark McCabe also spoke at the event with Sarah Hawke from Safe Work Australia.

Some of the major topics addressed by the guest speakers included:

• legislative requirements to manage risk

• looking for the rare frequency but high consequence hazard/risk

• identifying possible major accident events

• identifying previous major hazard accidents or incidents

• checking whether lessons have been learned from previous accidents or incidents.

INSPECTION AND AUDITS

Workplace assessments and audits were conducted across the portfolio involving health and safety representatives and management.

TRAINING

Throughout the reporting period, training was directed towards to improving injury prevention and identifying hazards in the workplace, including:

• emergency warden, first aid officers and health and safety representatives as required

• workplace hazard and risk management training was conducted across JACS to help managers, supervisors and employees better understand risk and implement risk management strategies and controls for identified hazards


SECTION C

• workplace health and safety for managers delivered by CIT Solutions

• WHS risk management training conducted by the PWS injury prevention team throughout the year.

PROVISIONAL IMPROVEMENT NOTICE

One provisional improvement notice was issued during 2011–12 financial year. The notice was revoked after consultation with WorkSafe ACT.

ACCIDENT OR INCIDENT REPORTING AND NOTIFIABLE INCIDENTS

There were 355 accident or incidents recorded by JACS for the reporting period. Of these incidents, 14 were deemed to be notifiable to WorkSafe ACT.

INJURY MANAGEMENT

TARGET ONE

Reduce the number of claims reaching 5 days incapacity by 40%.

There has been a consistent reduction in the number of workers compensation claims that

reach five days of incapacity. JACS has met the required target for the reporting period.

TARGET TWO

Eliminate all fatalities due to workplace injuries.

There have been no recorded fatalities for the ACT in this category.

TARGET THREE

Reduce the average lost time rate by 40%.

JACS has experienced a small reduction in the lost time rate per 1000 employees. This is due to a greater awareness by managers of the importance of early intervention practices and the associated critical effect on incapacity periods. The attainment of this target is impacted by JACS risk profile, frequency of employee exposure to significant trauma and the requirement for full fitness for personnel within the high risk business units.

Res

po

nse

Rat

e

0

5

10

15

20

25

30

35

40

45

50

11-1210-1109-1008-0907-0806-0705-0604-0503-0402-0301-02

Claims reaching 5 days incapacity per 1000

ACTPS claims reaching 5 days incapacity ACTPS Target

JACSD Target

Graph 10: Reduce the Number of Claims Reaching 5 days Incapacity by 40%.


Table 62: Agency Profile

Experience quarter ending

01–02

02–03

03–04

04–05

05–06

06–07

07–08

08–09

09–10

10–11

11–12

# new 5 day claims 52 42 55 48 48 59 28 44 46 47 36

Rate per 1000 employees

43.6 37.1 46.0 38.0 39.0 46.4 19.8 29.1 31.9 29.6 20.9

JACS target 43.6 41.8 40.1 38.4 36.6 34.9 33.1 31.4 29.6 27.9 26.2

ACTPS # new 5 day claims

412 473 448 440 459 379 291 330 333 355 322


25.3 27.5 25.9 25.8 26.4 21.9 16.3 17.9 17.7 18.0 16.3

ACTPS target 25.3 24.3 23.3 22.2 21.2 20.2 19.2 18.2 17.2 16.2 15.2

2011/12 data based on 12 months data

Res

po

nse

Rat

e

0

100

200

300

400

500

600

700

800

900

1000

11-1210-1109-1008-0907-0806-0705-0604-0503-0402-0301-02

Average time lost per 1000 employees

ACTPS average time lost per 1000 employees ACTPS Target

JACSD Target

Graph 11: Reduce the Number of Claims Reaching 5 days Incapacity by 40%.


SECTION C

Table 63: Experience

Experience quarter ending

01–02

02–03

03–04

04–05

05–06

06–07

07–08

08–09

09–10

10–11

11–12

Wks incap 746 640 1035 1039 918 952 845 1001 995 1196 1268


626 565 866 823 746 749 597 661 691 754 738

JACS Target 626 601 576 550 525 500 475 450 425 400 375

ACTPS Target 801 769 737 705 673 641 609 577 545 513 481

2011/12 data based on 12 months data

JACS has experienced a small reduction in the lost time rate per 1000 employees. This is due to a greater awareness by managers of the importance of early intervention practices and the associated critical effect on incapacity periods. The attainment of this target is impacted by JACS risk profile, frequency of employee exposure to significant trauma and the requirement for full fitness for personnel within the high risk business units.

SECTION C.10 – WORKPLACE RELATIONS

Negotiations were undertaken for replacements of JACS three enterprise agreements that notionally expired on 30 June 2011.

Negotiations for the ACT Public Service Justice and Community Safety Directorate Enterprise Agreement 2011–2013 were completed and the

agreement was approved by Fair Work Australia on 13 January 2012.

Negotiations for the replacement ACT Fire & Rescue and the ACT Ambulance Service agreements were continuing at 30 June 2012.

The use of special employment agreements continued to be limited with 27 in place. This was an increase of 5 from 2010–11. Australian workplace agreements are no longer available due to changes in industrial relations legislation.


Table 64: SEAs Within the Directorate

DESCRIPTION No. of Individual SEAs

No. of Group SEAs*

Total employees covered by Group SEAs**

TOTAL

A B C (A+C)

SEAs

Number of SEAs at 30 June 2012 19 2 8 27

Number of SEAs entered into during period 2 2 5 7

Number of SEAs terminated during period Nil Nil Nil Nil

The number of SEAs providing for privately plated vehicles as at 30 June 2012

Nil 2 8 8

Number of SEAs for employees who have transferred from AWAs during period

Nil Nil Nil Nil

AWAs

Number of AWAs at 30 June 2011 Nil Nil Nil Nil

Number of AWAs

terminated/lapsed (including formal termination and those that have lapsed due to staff departures)

Nil Nil Nil Nil

* Agencies should record the number of group SEAs entered into during the reporting period

** Agencies should record the total number of individual SEAs entered into within the group/s during the reporting period.

Table 65 – Individual and group SEA’s

Classification Range

Remuneration as at 30 June 2012

Individual and Group SEAs ASO5 – SOGA

FB5 – FB8

Legal 1 – Legal 2

$69,660 – $141,547

$93,535 – $117,692

$110,613 – $161,674

AWAs (includes AWAs ceased during reporting period) Nil Nil


SECTION C

SECTION C.11 – HUMAN RIGHTS ACT 2004

HUMAN RIGHTS AMENDMENT BILL 2012

In March 2012, the Government introduced the Human Rights Amendment Bill 2012. The Bill gives effect to the Government’s responses to the five year review of the Human Rights Act and the ACT Economic, Social and Cultural Rights Research Project Report.

In relation to the five year review, the Bill amends section 28 of the Human Rights Act to clarify that the Human Rights Act applies to all laws applicable to the Territory, such as a range of common law and Federal and international laws, and not only to laws passed in the ACT Legislative Assembly.

In relation to the report on economic, social and cultural rights, the Bill creates a new part, ‘Part 3A Economic, Social and Cultural Rights’, which inserts a new section giving express recognition to the right to education, based on article 13 of the International Covenant on Economic Social and Cultural Rights (ICESCR).

The Bill also provides that the operation of the amended Act will be reviewed after two years, including consideration of whether to incorporate any other rights.

The Human Rights Unit continues to undertake scrutiny and provide advice to other Directorates and agencies on the human rights compatibility of Bills and policy development.

During the year a total of 61 Bills and Certificates of Compliance were scrutinised before being tabled in the ACT Legislative Assembly.

ACT GOVERNMENT SOLICITOR (ACTGS)

ACTGS provides specialist legal advice and representation for Government in relation to the operation of the HRA and supports the Attorney-General in his statutory role as intervener in proceedings involving the application or interpretation of the HRA.

Through its specialist practitioners and in-house counsel ACTGS continues to manage significant

litigation in the ACAT and Supreme Court and represents the Attorney-General and Government in proceedings before the Supreme Court and High Court. The office is at the forefront of a growing jurisprudence in relation to human rights in Australia and maintains a strong engagement with practitioners and academics in this developing area.

ACTGS also continues to assist in building a human rights culture within Government both directly, in the provision of legal advice and representation to clients, and indirectly, in the provision of assistance to Government in the development of policies around the operation of the HRA. The office incorporates human rights considerations throughout its Government law, civil litigation and property and commercial practice areas and in the discharge of its obligations as a model litigant.

By embedding human rights consideration in its advice and representation work, ACTGS staff have developed an awareness of human rights principles and standards and this is reflected in the conduct of the office. It remains a core part of our day to day business.

ACT CORRECTIVE SERVICES

The Alexander Maconachie Centre (AMC) is Australia’s first correctional centre to be built to expressly comply with Human Rights standards. Correctional Centre operations in the ACT are governed by the Corrections Management Act 2007 which was drafted to be consistent with the Humans Right Act 2004.

ACT Corrective Services works closely with the ACT Human Rights Commission (HRC) in regard to Human Rights issues. The HRC is a member of the AMC’s Oversight Working Group which provides scrutiny of the correctional centre’s operations. ACTCS cooperates with HRC investigations, noting there were no such investigations in 2011–12.

ACTCS also delivered Human Rights training to staff in partnership with HRC. These sessions, which run up to four hours, were provided to twenty three (23) agency staff over 92 hours of total training time.


SECTION C.12 – STRATEGIC BUSHFIRE MANAGEMENT PLAN

The Directorate has the responsibility for the preparation and review of the Strategic Bushfire Management Plan (SMBP).

The Strategic Bushfire Management Plan Version 2 (SBMPV2) was released in 2009 and provides detailed strategies for bushfire management and risk mitigation within the framework of Prevention, Preparedness, Response and Recovery.

Through detailed analysis of the factors contributing to bushfire risk, SBMPV2 provides for a significantly increased fuel management program in the ACT over the next 10 years.

The SBMP V2:

• provides the framework by which different agencies work together, particularly in large-scale and protracted bushfire incidents

• identifies clear policies and standards for the activities required to be undertaken by land managers in the ACT

• provides information to the community to better understand bushfires and fire management and to assist them in preparing themselves and their properties for bushfires.

The ACT Government has committed funding to agencies to deliver on the actions identified in the plan, particularly in relation to fuel reduction, fire trail access and community information and education.

The SBMP implementation working group continues to coordinate and oversee delivery of key actions of the plan. The SBMP will be reviewed in 2013 with version 3 of the plan to be implemented in 2014.

The working group has also considered the recommendations of the Victorian Bushfires Royal Commission and where appropriate, implemented appropriate actions to address these findings where they relate to bushfire management in the ACT.

SECTION C.13 – STRATEGIC ASSET MANAGEMENT

The Directorate managed assets with a total value of $391.3m as at 30 June 2012. A breakdown of this figure is provided in Table 66.

During 2011–12 the Directorate acquired and disposed of a number of assets. These activities have been recorded on the Directorate’s asset register. Table 67 and 68 summarise the asset additions and disposals made in 2011–12.

Table 66: Asset Value as at June 2012

Asset Directorate Territorial Total

$’000 $’000 $’000

Land 35,173 23,950 59,123

Buildings 193,492 57,544 251,036

Leasehold Improvements 23,295 0 23,295

Plant and Equipment 32,789 1,052 33,841

Community and Heritage Assets 2,380 0 2,380

TOTAL PROPERTY, PLANT AND EQUIPMENT 287,129 82,546 369,675

Software 1,586 0 1,586

Capital Works in Progress 19,784 260 20,044

TOTAL NON-CURRENT ASSETS 308,499 82,806 391,305


SECTION C

As at 30 June 2012 the Directorate had three properties identified as potentially surplus:

• Trading Standards Office also known as the Trade Measurement Building

• Belconnen Remand Centre, and

• Belconnen Police Station (Lathlain Street).

The Trade Measurement Building was declared surplus on 26 August 2010 and subsequently transferred to Territory and Municipal Services Directorate (TAMSD) on 29 June 2012.

The Belconnen Remand Centre was declared as surplus to requirements to Economic Development Directorate (EDD) on 21 October 2011.

On 21 October 2011 Economic Development Directorate was advised that the Belconnen Police Station (Lathlain Street) would become surplus to requirements upon completion of the new Belconnen Police Station. ACT Policing commenced operations at the new station on 31 January 2012.

The Belconnen Remand Centre and the Belconnen Police Station are subject to an ACTPLA sponsored Belconnen Service Trades Area Planning Study which will inform the proposed Master Planning work programmed during the first half of 2012. The properties will remain vacant until the transfer to Economic Development Directorate.

The former Forensic Medical Centre located in Kingston was reported in last year’s annual report as being declared surplus. Transfer of the building to Economic Development Directorate occurred on 29 February 2012.

The expenditure on Repairs and Maintenance was $4.8m which represented 2 percent of the asset replacement value.

The agency conducted condition assessments on agency owned ACT Police stations to inform the AFP Strategic Asset Management Plan and to inform the funding decisions to address Workplace Health and Safety related upgrades to the properties.

Table 67: Asset Additions

No Asset Class Asset Details

2 Furniture & Fittings Theatre lighting for Forensic Medical Centre and Furniture and Fittings for ESA Training Centre

58 Vehicles leased Includes operational and corporate vehicles

88 Plant & Equipment Includes vehicles, various operational equipment, and 2 parking ticket machines transferred from TAMSD

6 Computer Software Human Rights Commission Database, ACT Corrective Service’s Heartbeat Detection System, ACT Election’s NetVote, Office of Regulatory Service’s Promadis, Government Solicitor Office’s Practice Management System Upgrade, and ACT Ambulance Service Patient Record System

Table 68: Asset Retirements/Disposals

No Reason for Disposal

1 Transfer of Forensic Medical Centre Land (Kingston) to EDD

1 Transfer of Forensic Medical Centre Building (Kingston) to EDD

53 Expired vehicles leased

58 Includes retirement of 23 vehicles, 15 plant and equipment, transfer of 1 portable stockyard to TAMSD, and write-off of 19 damaged parking meters and 1 parking booth.


Hazardous materials surveys were conducted on the Trade Measurement Building and the Kingston Forensic Medical Centre as required under Government policies and guidelines for the disposal of these properties back to EDD and TAMSD.

The Phillip Ambulance Station was damaged as a result of a severe storm event in December 2011. Remediation works were carried out which included:-

• mycological inspections and testing

• internal works – replacement of ceilings, floor coverings, electrical inspections including replacement of light fittings and painting of partitions

• external works – repairs to roof, expansion of gutters, sealing of windows and horticultural work.

The Agency employs 491 employees occupying 9,713 m2 at the following leased and owned office accommodation sites.

As a result of machinery of Government changes in May 2011 implementation of the following accommodation changes occurred in the reporting period:

• The Independent Competition and Regulatory Commission, a statutory body, previously located in 12 Moore Street, transferred to Treasury Directorate vacating 12 Moore Street in December 2011. The resultant vacant space

Table 69: Repairs and Maintenance on Directorate Assets by Category

Asset Category $’000 %

Land 919 3%

Buildings and Leasehold Improvements 1,524 1%

Plant and Equipment 2,397 7%

4,840 2%

Table 70: Lease and owned office accommodation

Location Nett Lettable Area M2

Useable Office Area M2

Staff No by Headcount

12 Moore Street 5,458 4,586 269

Eclipse House 1,622 1,242 76

Reserve Bank Building, Civic 1,308 1,308 77#

221 London Circuit, Civic 620 620 39

Level 4, 1 Moore Street, Civic 438 285 16

North Building, Civic 160 160 6

Macarthur House, Lyneham 107 107 8

TOTAL **9,713 **8,308 *491

* Figure excludes operations staff and administrative staff in operational facilities. Classification of sites into office or operational facilities has been further refined as a result of data analysis for the ecologically sustainable development chapter of this report.

** Nett Lettable and Useable Office Area figures have been updated in accordance with updated data from Economic Development Directorate and ACT Property Group, TAMS Directorate.

# Staff of the DPP are the responsibility of the DPP, however, the financial accountability is held by the Director-General and therefore DPP staff have been included in the calculation for accommodation purposes.


SECTION C

is subject to the implementation of the whole-of-Government accommodation strategy.

• Staff of Transport Regulation occupying Macarthur House and Dickson Motor Vehicle Registry in the Territory and Municipal Services Directorate transferred to the JACS Directorate. A portion of the space occupied by at Macarthur House has been included and specifically relates to the area occupied by staff being part of the Legislation and Policy Branch of JACS. Staff located at Dickson Motor Vehicle Registry and at Macarthur House transferred to the Office of Regulatory Services business unit. The space occupied by Transport Regulation staff are not included in office calculations as services provided by ORS are operational in nature.

The average area occupied by each employee of 16.9 m2 is calculated on the Useable Office Area in alignment with reporting conducted bi-annually by the Economic Development Directorate.

The average of 16.9m2 is an increase from 16.3m2 at the beginning of the reporting period. The figure includes areas where direct client service delivery and administrative functions are performed in the buildings listed in the above table.

This information excludes the following operational sites:

• Law Courts and Tribunal occupied buildings – namely the Magistrates Court, Supreme Court and Level 4, 1 Moore Street;

• Office of Regulatory Services occupied buildings – namely Macarthur House, Dickson Motor Vehicle Registry, 255 Canberra Avenue and Callam Offices Woden.

• all operational sites and leased buildings occupied by the Emergency Services Agency. Facilities at Fairbairn are purpose built and designed to support delivery of operations during incident management.

ACT Elections business unit has temporarily relocated from North Building to 41 Rae Street, Belconnen (old ESA Fire Brigade Training Centre) until November 2012. An appropriately sized facility is required to accommodate staffing and logistics needs associated with the ACT Legislative Assembly election to be held in October 2012.

The agency continues to consult with Economic Development Directorate regarding the implementation of the Whole-of-Government Accommodation Strategy as a result of the Hawke review. The strategy has been endorsed by Government and Economic Development Directorate has engaged a Project Manager to oversee the implementation of works that are expected to be commence by August 2012 and completed in early 2013.

A further 1342 staff are employed in non-office environments. These include:

• 642 ESA operational employees located across 35 owned and leased facilities. (The previous report only specified occupation across 28 owned facilities, the figure has been increased to 35 to include 7 other leased facilities).

• 159 staff located at the Law Courts and Tribunal administration (excluding custodial staff)

• 306 staff of the Office of Regulatory Services

• 168 custodial staff – 135 are located at AMC and 6 at PDC and 27 at Court Transport unit, Magistrates Court building

• 61 administrative staff located at the AMC

• 6 staff located at Kaleen – administration of the Management Accommodation Program that assists persons previously in custody to transition into the community.

SECTION C.14 – CAPITAL WORKS

The major achievements for the Directorate during the year include the following projects, which have been completed or remain works in progress.

COMPLETED PROJECTS

A major achievement has been the completion of the ESA’s Hume Training Facility hot props (fire simulation), hot house and training tower. The ESA Training Centre administration building was completed in April 2011 and occupied by staff formerly located at Fairbairn and Belconnen. The training tower, hot props and associated


facilities, were completed in December 2011, and now provide ACT Fire and Rescue, ACT State Emergency Service, ACT Rural Fire Service and ACT Ambulance Service with state of the art training facilities for emergency services in the ACT and surrounding regions.

The new state-of-the-art Belconnen Police Station was completed and handed over to ACT Policing on 28 November 2011. The building is located on Benjamin Way on a site of 11,650m2. The two storey building has a total built area of 3480m2 and incorporates environmentally sustainable design, including the use of heat trays, chilled beams, passive solar measures, sunshades and high-efficiency lighting. The Belconnen Police Station was nominated for a National Architectural Award as well as a Master Builders Association Award and was successful in achieving an internal design category award. It was officially opened by the Minister for Police and Emergency Services on 30 March 2012 and an open day for the community was held on 31 March 2012.

The new Forensic Medical Centre in Phillip was completed in August 2011, and the building was handed over to the Directorate on 2 September 2011. The first post mortems were conducted in September 2011. The new facility is based on the adaptive re-use of a building and has been designed in accordance with National Pathology Accreditation Advisory Council guidelines in regard to safe working conditions and clinical quality in mortuaries. The design has allowed for a clear separation between public and operational areas. Care has been taken in the design and construction to ensure a dignified entrance and visitor facilities including soft finishes and personal retreats. Other key features of the building include:

• height adjustable post mortem working stations

• fully hydraulic trolleys and lifting equipment

• separate multipurpose secure homicide/infectious post mortem room

• large post mortem room with large spaces for training

• dedicated chemical preparation rooms

• body capacity for up to 110 persons including bariatric capabilities

• disaster victim identification (DVI) capabilities

• improved amenities for visitors with direct links to body viewing and personal retreats.

The construction of the Tidbinbilla Rural Fire Service Facility was completed in June 2012. Construction commenced in September 2011 to design and build a new facility with appropriate functionality to include environmental aesthetics, road access, power, water, sewer, communications and site security, volunteer amenities, storage, onsite training amenities, vehicle garaging and operations and administrative capabilities. The completed facility includes environmentally sustainable design measures to reduce energy and water consumption including high-efficiency lighting, water harvesting, insulated slab and ceiling spaces. The new facility has the capability of being used as a frontline service in managing bushfires in the immediate area and for providing back-up for other regional Regional Fire Service brigades. The new RFS Shed also provides an area of refuge during a bushfire with standalone services and onsite water harvesting and storage suitable to maintain four-hour continuous fire fighting capability.

The upgrade to the co-located Rivers RFS and SES Station on the Cotter Road was completed and handed over in February 2011 with volunteers moving into their new facilities in March 2011. The were a number of civil engineering issues remaining to be addressed on the site, including significant water scouring near the new shed, as well as the requirement for volunteer parking on the site. In April 2012 a tender was let for a civil works package for the construction of a new 40 vehicle carpark with two-part seal, and the regrading and sealing of the area in front of the new shed. In conjunction with these works, new rock walls, two new open concrete drains and a new stormwater culvert and landscaping were completed in June 2012.

A feasibility study was undertaken into the ongoing needs within the Alexander Maconochie Centre, to assess the opportunities and provide a business case for the full design and documentation for new additional accommodation, therapeutic community facility, chapel/quiet place, industry skills building and gymnasium building and equipment. The scope also included some relative low-cost, but urgent, safety works at the Crisis Support Unit. The


SECTION C

feasibility study was completed in December 2012 with a detailed business case provided for consideration in the 2012–13 Budget process.

WORKS IN PROGRESS

The ESA Station Upgrade and Relocation program (SURP) due diligence and design phase commenced in the second half of 2011. After an extensive due diligence process, which involved identification of possible site options, site due diligence, including geotechnical and engineering studies, and alignment with service modelling, three new sites for emergency services response facilities were identified. These sites are located in Charnwood (co-located ACT Fire & Rescue and Ambulance Station), Aranda (co-located ACT Fire & Rescue and Ambulance Station Hub) and Calwell/Conder (ACT Fire & Rescue Station). The Charnwood station was located on land that was appropriately zoned in the Territory Plan and therefore detailed design to Final Sketch Plans was able to be completed, along with a development application. A tender for document and construction of the Charnwood facility was let to the market in June 2012. The Aranda and Calwell/Conder sites require a Territory Plan Variation to allow for the location of these facilities on the recommended sites, and the applications were submitted for consideration in early 2012. Work on design to Final Sketch Plan will continue, with completed drawings expected by August 2012. Further due diligence work for both Phase 1 and Phase 2 of the SURP strategy will continue in 2012–13.

The new Supreme Court facilities feasibility and planning stage was undertaken with significant progress made towards completion of the first stage of full due diligence, including a

statement of user requirements, concept design which aligns heritage and National Capital Authority (NCA) requirements, extensive site investigations, fully costed risk plan, heritage conservation management plan, and detailed elemental costings to P80 stage. Further work on refinement of the design to achieve an optimum solution will continue in 2012, with a fully refined business case for full design funding expected in December 2012.

$1.0m in capital funding was provided to improve physical security and enhance the security systems at the Magistrates and Supreme Court buildings and the open space between them. The upgrade aims to provide a higher standard of systems and physical environment to bring court security up to a standard that can adequately deal with the real threats and risks that have been identified in the courts security management. The works include: external works, counter security screens, electronic security measures, and courtroom docks. A delay in delivering the range of electronic security measures has been experienced due to initial tender responses not representing value for money. A subsequent select tender process and realigned scope for this works package will be completed in the second half of 2012 and will provide the range of measures needed to enhance the security of both premises.

Remedial works for ACT Policing Facilities included a number of small works packages which involved the replacement of the two existing boilers in the City Police Station with four smaller, high efficiency boilers to allow for 24/7 operations and to provide redundancy to the system as well as the replacement of a plant room of Tuggeranong Police Station.


Table 71: 2011–12 Reconciliation of Capital Cashflows

Directorate $’000

Territorial $’000

Reconciliation of Total Current Year Financing

Current Year Revised Capital Works Financing 14,549 14,146

Add: Financing for other Capital Projects 17,875 0

Net movement: Rollovers and Reprofiling -13,175 -2,672

Capital Injection as per Cashflow Statement 19,249 11,474

Reconciliation of Total Current Year Expenditure to Capital Injection

Current Year Capital Works Expenditure 12,353 11,423

Add: Other Expenditure Funded by Capital Injection 11,724 0

Add: Financing Drawn – not spent at 30 June 2012 0 51

Less: GPO funded Feasibility Studies -620 0

Less: Accrued Capital Expenditure -4,208 0

Capital Injection as per Cashflow Statement 19,249 11,474

Reconciliation of Total Capital Works Expenditure to Purchases of Property, Plant & Equipment

Current Year Capital Works expenditure 12,353 11,423

Add: Other Expenditure Funded by Capital Injection 11,724 0

Less: GPO funded Feasibility Studies -620 0

Less/Add: Net Accrued Capital Expenses and Other Movements -4,368 111

Total Payments from Investing Activities as per Cashflow Statement

19,089 11,534


SECTION C

Tabl

e 72

: Cap

ital W

orks

Man

agem

ent T

able

201

1–12

Dire

ctor

ate

and

Terr

itoria

l Pro

ject

sPr

ogra

mCo

mpl

etio

n Da

tePr

ojec

t Val

uePr

ior y

ear

2011

–12

Tota

l

Ye

arOr

igin

alRe

vise

dOr

igin

alRe

vise

dEx

pend

iture

Expe

nditu

reEx

pend

iture

$’00

0$’

000

$’00

0$’

000

$’00

0

NEW

WOR

KS

CO

MM

ENTA

RY

Dire

ctor

ate

Cour

ts S

ecur

ity U

pgra

de20

11–1

2Ju

n-12

Oct 1

21,

000

1,00

00

344

344

Wor

ks in

Pro

gres

s - b

alan

ce

of w

ork

is p

rogr

amm

ed to

be

com

plet

ed in

201

2–13

.

Futu

re C

orre

ctio

nal F

acilit

y Re

quire

men

ts (F

easi

bilit

y)20

11–1

2Ju

n-12

Jun-

1262

062

00

620

620

Com

plet

ed J

un-1

2.

ESA

Stat

ion

Upgr

ade

and

Relo

catio

n - P

hase

1 D

ue

Dilig

ence

and

For

war

d De

sign

2011

–12

Jun-

12Ju

n-13

3,96

13,

961

01,

658

1,65

8W

orks

in P

rogr

ess

- bal

ance

of

wor

k is

pro

gram

med

to b

e co

mpl

eted

in 2

012–

13.

Terr

itoria

l

Rem

edia

l Cap

ital

Impr

ovem

ents

for A

CT

Polic

ing

Faci

litie

s

2011

–12

Jun-

12Oc

t-12

338

338

022

922

9W

orks

in P

rogr

ess

- bal

ance

of

wor

k is

pro

gram

med

to b

e co

mpl

eted

in 2

012–

13.


Dire

ctor

ate

and

Terr

itoria

l Pro

ject

sPr

ogra

mCo

mpl

etio

n Da

tePr

ojec

t Val

uePr

ior y

ear

2011

–12

Tota

l

Ye

arOr

igin

alRe

vise

dOr

igin

alRe

vise

dEx

pend

iture

Expe

nditu

reEx

pend

iture

$’00

0$’

000

$’00

0$’

000

$’00

0

Capi

tal U

pgra

des

Prog

ram

Dire

ctor

ate

Dire

ctor

ate

Proj

ects

2011

–12

Jun-

12

741

741

073

073

0W

orks

in P

rogr

ess

- maj

ority

of

wor

k ph

ysic

ally

com

plet

ed,

bala

nce

of w

ork

is

prog

ram

med

to b

e co

mpl

eted

in

201

2–13

.

Emer

genc

y Se

rvic

es A

genc

y Pr

ojec

ts20

11–1

2Ju

n-12

28

528

50

177

177

Wor

ks in

Pro

gres

s - m

ajor

ity

of w

ork

phys

ical

ly c

ompl

eted

, ba

lanc

e of

wor

k is

pr

ogra

mm

ed to

be

com

plet

ed

in 2

012–

13.

Terr

itoria

l

ACT

Polic

ing

Faci

litie

s20

11–1

2Ju

n-12

22

822

80

220

220

Wor

ks in

Pro

gres

s - m

ajor

ity

of w

ork

phys

ical

ly c

ompl

eted

, ba

lanc

e of

wor

k is

pr

ogra

mm

ed to

be

com

plet

ed

in 2

012–

13.


SECTION C

Dire

ctor

ate

and

Terr

itoria

l Pro

ject

sPr

ogra

mCo

mpl

etio

n Da

tePr

ojec

t Val

uePr

ior y

ear

2011

–12

Tota

l

Ye

arOr

igin

alRe

vise

dOr

igin

alRe

vise

dEx

pend

iture

Expe

nditu

reEx

pend

iture

$’00

0$’

000

$’00

0$’

000

$’00

0

PRIO

R YE

AR W

ORKS

(Inc

ludi

ng c

ompl

eted

wor

ks in

201

1–12

CO

MM

ENTA

RY

Dire

ctor

ate

Tidb

inbi

lla R

ural

Fire

Ser

vice

Sh

ed20

10–1

1Ju

n-11

Jun-

121,

644

1,64

421

61,

420

1,63

6Ph

ysic

ally

com

plet

ed J

un-1

2,

not f

inan

cial

ly c

ompl

ete.

New

Sup

rem

e Co

urt -

Fo

rwar

d De

sign

2009

–10

Aug-

10Ju

n-13

4,00

04,

000

301,

430

1,46

0W

orks

in P

rogr

ess

- bal

ance

of

wor

k is

pro

gram

med

to b

e co

mpl

eted

in 2

012–

13.

Emer

genc

y Se

rvic

es A

genc

y - J

erra

bom

berra

and

Riv

ers

Shed

s

2009

–10

Jun-

10M

ay-1

1

Feb-

11

2,27

02,

270

1,71

753

82,

255

Phys

ical

ly c

ompl

eted

in F

eb-

11 a

nd

May

-11,

not

fina

ncia

lly

com

plet

e.

New

For

ensi

c M

edic

al

Cent

re20

08–0

9Oc

t-10

Sep-

114,

770

5,57

04,

485

1,03

05,

515

Phys

ical

ly c

ompl

eted

Sep

-11,

no

t fin

anci

ally

com

plet

e.

Upgr

ade

Cour

t Sec

urity

and

Fa

cilit

ies

2007

–08

Dec-

08Se

p-11

1,90

41,

904

1,86

35

1,86

8Co

mpl

eted

Sep

-11.

Emer

genc

y Se

rvic

es A

genc

y - N

ew H

eadq

uarte

rs20

04–0

5Ju

n-06

Dec-

1118

,429

29,0

7426

,883

1,98

728

,870

Phys

ical

ly c

ompl

eted

Dec

-11,

no

t fin

anci

ally

com

plet

e.

Alex

ande

r Mac

onoc

hie

Cent

re20

04–0

5Oc

t-07

Mar

-09

128,

700

131,

330

129,

217

2,41

313

1,63

0Ph

ysic

ally

com

plet

ed M

ar-0

9,

not f

inan

cial

ly c

ompl

ete.

Terr

itoria

l

New

Bel

conn

en P

olic

e St

atio

n - C

onst

ruct

ion

2008

–09

Aug-

10No

v-11

16,9

8822

,350

11,1

4410

,975

22,1

19Ph

ysic

ally

com

plet

ed N

ov-1

1,

not f

inan

cial

ly c

ompl

ete.

TOTA

L

185,

878

205,

315

173,

848

23,7

7619

9,33

1


SECTION C.15 – GOVERNMENT CONTRACTING

PROCUREMENT PRINCIPLES AND PROCESSES

The Directorate has continued to build a strong working relationship with ACT Procurement Solutions in order to ensure that staff are aware of the ACT Procurement Guidelines and continue to adhere to the Procurement Act 2001 and the Government Procurement Regulation 2007.

Strategies are being implemented across the Directorate to further enhance the management of procurement by the development and implementation of a coordinated contracts register that provides for whole-of-Directorate contract management.

Procurement activity was focused on delivering the strategic objectives of the Directorate, particularly the delivery of capital works and other services (including legal counsel and investigators).

The following contracts for works and services, including consultancy-type contracts were managed by the Directorate during the reporting period.


SECTION C

Tabl

e 74

: Lab

our a

nd S

ervi

ces

– Co

nsul

tanc

ies

and

Cont

ract

s

Nam

e of

Con

sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

)

Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

Sel

ect T

ende

r

Reas

on fo

r Us

e of

Non

-pr

e-qu

alifi

ed

Cons

truc

tor

Supp

lier

Outp

ut 1

.1

Legi

slat

ion

and

Polic

y Br

anch

Com

mon

wea

lth o

f Aus

tralia

Prov

isio

n of

priv

acy

serv

ices

to th

e AC

T, by

the

Com

mon

wea

lth P

rivac

y Co

mm

issi

oner

$89,

000

14/2

/201

2Si

ngle

Sel

ect

n/a

n/a

Tena

nts

Unio

n AC

TTe

nanc

y Ad

viso

ry S

ervi

ce$3

81,4

93.0

4 2/

7/20

08

Sing

le S

elec

tOn

ly p

rovi

der

n/a

Com

mon

wea

lth

Ombu

dsm

anPr

ovis

ion

of O

mbu

dsm

an s

ervi

ces

in re

latio

n to

AC

T Go

vern

men

t Age

ncie

s an

d th

e Au

stra

lian

Fede

ral P

olic

e w

hen

prov

idin

g Po

lice

Serv

ices

to

the

ACT

$384

,000

* CM

CD to

ok

over

this

ag

reem

ent.

*JAC

S po

rtion

pa

id

31/3

/200

8Si

ngle

Sel

ect

Only

one

pro

vide

r w

ho p

rovi

des

serv

ices

und

er

the

Ombu

dsm

an

Act 1

976

(Cth

)

n/a

Wom

en’s

Lega

l Cen

tre A

CT

& Re

gion

Inc

Prov

isio

n of

Ser

vice

s fo

r the

Abo

rigin

al a

nd

Torre

s St

rait

Isla

nder

Wom

en’s

Law

Sup

port

Proj

ect

$108

,039

.54

15/1

1/20

10Si

ngle

Sel

ect

n/a

n/a

Wom

en’s

Lega

l Cen

tre A

CT

& Re

gion

Inc

Prov

isio

n of

Trai

ning

and

Pro

fess

iona

l De

velo

pmen

t for

the

Abor

igin

al a

nd To

rres

Stra

it Is

land

er W

omen

at B

ush

Retre

ats

$25,

000

Quot

atio

n 29

M

ay 2

012

Wom

en’s

Le

gal C

entre

Co

ntra

cted

1 J

uly

2010

–30

June

20

13

Dire

ct

n/a

n/a

Aust

ralia

n Na

tiona

l Un

iver

sity

Colla

bora

tion

agre

emen

t for

the

prov

isio

n of

re

sear

ch a

nd s

ecre

taria

t ser

vice

s to

the

ACT

Law

Ref

orm

Adv

isor

y Co

unci

l

$47,

755.

68

11/1

0/20

11Si

ngle

Sel

ect

n/a

n/a

EXTE

RNAL

SOU

RCES

OF

LABO

UR A

ND S

ERVI

CES

– CO

NSUL

TANC

IES

/ CON

TRAC

TS


Nam

e of

Con

sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

)

Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

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ect T

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truc

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pera

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r the

ACT

Abo

rigin

al J

ustic

e Ce

ntre

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gion

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$415

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.20

28/9

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9Si

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ect

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d up

on

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rnm

ent

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opria

tion

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ort L

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fety

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gram

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180.

20

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ralia

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isio

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icin

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rvic

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ACT

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w In

itiat

ives

$2

28,0

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12Si

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inua

tion

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ram

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ave

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pris

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ract

ions

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chi

ldre

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pris

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ay –

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istm

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vent

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all

quot

atio

ns

25/1

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12, 3

1/1/

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ctn/

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SECTION C

Nam

e of

Con

sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

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Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

Sel

ect T

ende

r

Reas

on fo

r Us

e of

Non

-pr

e-qu

alifi

ed

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truc

tor

Supp

lier

Outp

ut 1

.1

Secu

rity

and

Emer

genc

y M

anag

emen

t Bra

nch

Schn

eide

r Ele

ctric

Capi

tal W

orks

and

Mai

nten

ance

for C

CTV

$219

,679

.30

5/5/

2009

Open

Tend

ern/

an/

a

GHD

Inde

pend

ent E

ngin

eerin

g an

d Co

nsul

ting

Serv

ices

$86,

452.

6022

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011

Requ

est f

or

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atio

nLi

mite

d co

mpa

nies

with

de

mon

stra

ted

expe

rtise

, as

iden

tifie

d th

roug

h pr

evio

us o

pen

tend

er.

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Outp

ut 1

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Parli

amen

tary

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nsel

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fice

Elke

ra P

ty L

tdCo

mpu

ter S

yste

ms

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blic

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ess

to

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slat

ion

proj

ect c

omm

ence

d 20

01$1

86 5

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020

/06/

2001

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ct te

nder

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ialis

t na

ture

of t

he

requ

irem

ents

n/a


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e of

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sulta

ncy/

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ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

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Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

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ect T

ende

r

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on fo

r Us

e of

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e-qu

alifi

ed

Cons

truc

tor

Supp

lier

Outp

ut 1

.7

Offic

e of

Reg

ulat

ory

Serv

ices

ACT

Pres

sure

Insp

ectio

n Se

rvic

es

Pty

Ltd

Serv

ices

- in

spec

tion

of b

oile

r and

pr

essu

re v

esse

ls$3

0,25

0.00

18/0

3/20

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en te

nder

n/a

n/a

SNP

Secu

rity

Serv

ices

- ca

sh d

eliv

ery

and

colle

ctio

n se

rvic

es

$323

,870

.70

01/0

7/20

09Op

en te

nder

n/a

n/a

CARE

Inc

Serv

ices

- Co

nsum

er L

aw C

entre

fu

ndin

g pr

ogra

m

$122

,831

.81

23/0

9/20

11Si

ngle

sel

ect

Cont

inua

tion

of

the

serv

ices

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ry C

onsu

lting

Eng

inee

rs

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ices

- sp

ecia

list s

truct

ural

en

gine

erin

g se

rvic

es

$25,

936.

36

01/1

0/20

11Si

ngle

sel

ect

Lim

ited

prov

ider

in

the

ACT

Prom

adis

Pty

Ltd

Birth

s, D

eath

s an

d M

arria

ges

syst

em

upgr

ade

and

wor

kpla

ce s

cree

ning

m

odul

e de

velo

pmen

t

$138

,000

.00

22/1

1/20

11Si

ngle

sel

ect

An u

pgra

de

to th

e ex

istin

g sy

stem

n/a


SECTION C

Nam

e of

Con

sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

)

Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

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ect T

ende

r

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on fo

r Us

e of

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-pr

e-qu

alifi

ed

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truc

tor

Supp

lier

Outp

ut 1

.8

Offic

e of

Reg

ulat

ory

Serv

ices

Herm

es P

reci

sa P

ty L

td

(Sal

mat

Bus

ines

s Fo

rce

Pty

Ltd)

Prov

isio

n of

veh

icle

regi

stra

tion

stat

ione

ry$3

53,8

15.9

431

/10/

2008

Open

tend

ern/

an/

a

Lice

nsys

Pty

Ltd

Prov

isio

n of

the

ACT

vehi

cle

regi

stra

tion

num

ber p

late

s - l

ast y

ear r

ecor

ded

as S

uppl

y of

mot

or v

ehic

le n

umbe

r pla

tes

$373

,868

.56

24/0

7/20

08Op

en te

nder

n/a

n/a

Seco

mSe

curit

y se

rvic

es a

t the

Alin

ga S

treet

taxi

rank

$19,

819.

2210

/11/

2008

Open

tend

ern/

an/

a

Free

bot P

ty L

tdDe

liver

Roa

d Re

ady

Cour

se a

nd k

now

ledg

e ba

sed

test

to L

earn

er L

icen

ce a

pplic

ants

w

ho d

o no

t und

erta

ke th

is th

roug

h sc

hool

s -

incl

udin

g NE

SB a

nd s

peci

al n

eeds

par

ticip

ants

$114

,991

.51

26/0

7/20

10Op

en te

nder

n/a

n/a

GKY

Inte

rnet

Host

ing

and

mai

nten

ance

of R

oad

Read

y w

ebsi

te$3

6,54

7.74

31/0

8/20

07Op

en te

nder

n/a

n/a

GATS

O Au

st P

ty L

tdSu

pply,

inst

alla

tion

and

mai

nten

ance

of

new

and

exi

stin

g re

d lig

ht a

nd s

peed

traf

fic

cam

eras

$219

,800

.11

04/0

8/20

06Op

en te

nder

n/a

n/a

Canb

erra

Inst

itute

of

Tech

nolo

gyPr

ovis

ion

of h

eavy

veh

icle

insp

ectio

n tra

inin

g pr

ogra

m$1

8,00

0.00

01/1

2/20

11Si

ngle

sel

ect

CIT

is a

sol

e su

pplie

r who

de

velo

ped

the

train

ing

prog

ram

for a

nd

in c

onsu

ltatio

n w

ith R

oad

User

Se

rvic

es.

n/a


Nam

e of

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sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

)

Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

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ect T

ende

r

Reas

on fo

r Us

e of

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alifi

ed

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truc

tor

Supp

lier

Legi

slat

ion

and

Polic

y Br

anch

Zoo

Pane

l of S

uppl

iers

to p

rovi

de M

arke

ting,

Ad

verti

sing

, Dig

ital M

arke

ting,

Pub

lic R

elat

ions

an

d M

edia

Buy

ing

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ices

- Ro

ad s

afet

y m

essa

ging

$179

,187

.35

28/1

0/20

11Op

en te

nder

n/

an/

a

Adco

rpGo

vern

men

t Age

ncie

s (C

ampa

ign

Adve

rtisi

ng)

Act 2

009

- Roa

d sa

fety

mes

sagi

ng$3

5,01

9.11

5/5/

2009

–

exte

nded

to

5/5/

2013

+ 1

yr

optio

n

Open

tend

er

n/a

n/a

Couc

h cr

eativ

ePa

nel o

f Sup

plie

rs to

pro

vide

Mar

ketin

g,

Adve

rtisi

ng, D

igita

l Mar

ketin

g, P

ublic

Rel

atio

ns

and

Med

ia B

uyin

g Se

rvic

es -

Road

saf

ety

mes

sagi

ng

$35,

660

1/12

/201

1Op

en te

nder

n/

an/

a

Canb

erra

FM

Rad

io P

ty L

tdPr

ovis

ion

of F

M b

road

cast

of R

oad

Safe

ty

mes

sage

s$8

4,81

0Nu

mer

ous

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us Q

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s On

ly p

rovi

der

able

to s

uppl

y se

rvic

e

n/a

Activ

e Hi

re G

roup

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Ltd

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ovis

ion

of P

orta

ble

Visu

al M

essa

ge S

igns

(V

MS)

for R

oad

Safe

ty A

war

enes

s$7

8,89

8.82

23/2

/201

2Se

lect

Tend

ern/

an/

a


SECTION C

Nam

e of

Con

sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

)

Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

Sel

ect T

ende

r

Reas

on fo

r Us

e of

Non

-pr

e-qu

alifi

ed

Cons

truc

tor

Supp

lier

Outp

ut 2

.1

ACT

Corre

ctiv

e Se

rvic

es

ISS

Pest

Con

trol

Prov

isio

n of

Pes

t Mai

nten

ance

Ser

vice

s$3

0,43

515

/06/

2012

Sing

le S

elec

tn/

an/

a

Chub

bPr

ovis

ion

of P

reve

ntat

ive

Mai

nten

ance

for

Elec

troni

c Se

curit

y Sy

stem

$249

,355

29/0

9/20

11Op

en Te

nder

n/a

n/a

Birg

den,

Ast

ridRe

view

of C

omm

unity

-Bas

ed C

orre

ctio

ns$2

9,59

024

/01/

2012

Open

Tend

ern/

an/

a

Bill

Ross

& A

ssoc

iate

s Pt

y Li

mite

d t/a

Ros

s Pe

tsas

Lu

ksza

(RPL

)

AMC

Futu

re C

orre

ctio

nal F

acilit

y Re

quire

men

ts

Stud

y$5

42,8

6311

/11/

2011

Open

Tend

ern/

an/

a

The

Past

oral

Car

e Co

unci

l of

the

ACT

Inco

rpor

ated

Prov

isio

n of

Cha

plai

ncy

Co-o

rdin

atio

n Se

rvic

es$1

10,2

0721

/01/

2009

Sing

le S

elec

tVa

riatio

n to

ex

istin

g co

ntra

ctn/

a

Chub

bPr

ovis

ion

of fi

re m

onito

ring

serv

ices

$24,

700

26/1

1/20

10Op

en Te

nder

n/a

n/a

APAC

Sec

urity

Pty

Ltd

Prov

isio

n of

cha

in o

f cus

tody

urin

e dr

ug

scre

enin

g se

rvic

es$3

6,82

715

/11/

2010

Sing

le S

elec

tn/

an/

a

Ashl

ey W

ette

rn S

ervi

ces

Serv

icin

g of

Per

petu

al w

ater

uni

ts fo

r the

AM

C$4

6,55

201

/12/

2010

Sing

le S

elec

tn/

an/

a

City

Pum

p Se

rvic

esM

aint

enan

ce o

f Gre

y W

ater

Filt

ers

and

Pum

ps

at th

e AM

C$7

3,39

501

/03/

2011

Sing

le S

elec

tn/

an/

a

NEC

Aust

ralia

*Pro

visi

on o

f Rad

io F

requ

ency

Iden

tific

atio

n se

curit

y sy

stem

$508

,318

31/0

3/20

08Si

ngle

Sel

ect

Only

sup

plie

r of

this

sec

urity

sy

stem

n/a

Ausw

ide

Prov

isio

n of

Voc

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nal E

duca

tion

and

Trai

ning

fo

r the

AM

C$5

05,9

1001

/07/

2008

Sing

le S

elec

tTh

is a

genc

y on

ly o

ne a

ble

to

supp

ly s

ervi

ce

n/a

ISS

Clea

ning

Pr

ovis

ion

of C

lean

ing

Serv

ices

for t

he A

MC

$49,

153`

28/1

0/20

09Op

en Te

nder

n/a

n/a


Nam

e of

Con

sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

11–1

2 (e

xclu

ding

GST

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Date

Con

trac

t Le

tPr

ocur

emen

t Ty

peFo

r Con

trac

ts

over

$10

0,00

0,

Reas

on fo

r Use

of

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ect T

ende

r

Reas

on fo

r Us

e of

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-pr

e-qu

alifi

ed

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truc

tor

Supp

lier

Outp

ut 3

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ACT

Cour

ts a

nd Tr

ibun

al

Willi

am C

ole

Fune

rals

Pty

Lt

dTr

ansf

er o

f dec

ease

d pe

rson

s$4

0,59

227

/07/

2010

Open

tend

ern/

an/

a

Diac

her P

ty L

tdFe

asib

ility

stud

y - I

CT C

ase

Mgt

Sys

tem

$68,

087

06/1

0/20

11Si

ngle

sel

ect

n/a

n/a

Mer

rill C

orpo

ratio

n Au

stra

lia P

ty L

tdM

onito

ring

and

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scrip

tion

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ices

$708

,833

08/0

2/20

12Op

en te

nder

n/a

n/a

MSS

Sec

urity

Pty

Ltd

Secu

rity

Guar

ding

Ser

vice

s$6

52,6

1328

/09/

2011

Open

tend

ern/

an/

a

Capi

tal W

orks

and

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stru

ctur

e

Wel

lsm

ore

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ing

Grou

pUp

grad

e to

gro

und

floor

Reg

istry

bat

hroo

ms

Mag

istra

tes

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t$4

6,50

0.00

03/0

2/20

12Qu

otes

n/a

n/a

M&M

Kitc

hens

Up

grad

e to

3 k

itche

ns in

Mag

istra

tes

Cour

t$3

3,84

5.00

10/1

1/20

12 le

tter

of a

ccep

tanc

eQu

otes

n/a

n/a

Pyro

tek

Nois

e Co

ntro

l Ac

oust

ic tr

eatm

ent t

o Co

urt 1

1 an

d w

all

betw

een

cour

troom

and

del

iber

atio

n ro

om$3

8,96

4.00

29/0

2/20

12Qu

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n/a

n/a


SECTION C

Nam

e of

Con

sulta

ncy/

Cont

ract

orDe

scrip

tion

or R

easo

n fo

r Con

trac

tEx

pend

iture

20

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2 (e

xclu

ding

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Date

Con

trac

t Le

tPr

ocur

emen

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peFo

r Con

trac

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over

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0,00

0,

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on fo

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ende

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on fo

r Us

e of

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e-qu

alifi

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truc

tor

Supp

lier

Outp

ut 4

.1

Emer

genc

y Se

rvic

es A

genc

y

FUJI

TSU

Aust

ralia

Ltd

Prov

isio

n of

mob

ile d

ata

syst

em to

all

of E

SA$1

,662

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31/0

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12Si

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ect

Exis

ting

supp

lier

of m

obile

dat

a sy

stem

and

sol

e su

pplie

r of t

he

ESA

com

pute

r ai

ded

disp

atch

sy

stem

n/a

Deak

in U

nive

rsity

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rese

arch

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ultip

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rder

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tes

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le S

elec

tn/

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ensi

on D

ata

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dPr

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of IT

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d in

stal

latio

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4,98

6.88

Mul

tiple

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sQu

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n/a

n/a

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of IT

con

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$41,

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ultip

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esn/

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Cons

truct

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rol

Inte

riors

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Ltd

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con

stru

ctio

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d si

te s

ervi

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$35,

641.

08M

ultip

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esn/

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ortli

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ustra

lia

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and

par

amed

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ort

$60,

367.

57M

ultip

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elec

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ce &

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ocia

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cial

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r BCP

$34,

312.

00M

ultip

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esn/

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Wor

mal

d Li

fe S

afet

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Resc

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of s

pare

par

ts a

nd m

aint

enan

ce o

f Br

eath

ing

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ratu

s an

d eq

uipm

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$215

,853

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Mul

tiple

Ord

ers/

Date

sQu

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n/a

n/a


Nam

e of

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sulta

ncy/

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ract

orDe

scrip

tion

or R

easo

n fo

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trac

tEx

pend

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11–1

2 (e

xclu

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Date

Con

trac

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ocur

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peFo

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on fo

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truc

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lier

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at D

ry C

lean

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n of

laun

derin

g se

rvic

es$1

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2007

Open

Tend

ern/

an/

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orol

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stra

lia P

ty L

tdRe

plac

emen

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he C

entra

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mun

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ion

cons

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for t

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of m

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$78,

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09M

ultip

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Pane

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tract

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AUST

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dust

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neer

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and

met

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8,78

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Mul

tiple

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Date

sQu

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Med

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men

ts

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rnat

iona

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isio

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spe

cial

ist m

edic

al e

quip

men

t and

re

pairs

$48,

172.

60M

ultip

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esn/

an/

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KRON

OS A

ustra

liaPr

ovis

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of e

lect

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sys

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$43,

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73M

ultip

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Quot

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ty L

tdPr

ovis

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faci

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8,65

0.13

Mul

tiple

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Date

sQu

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n/a

n/a

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G Sp

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ovis

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of c

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$37,

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90M

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of m

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Mul

tiple

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Date

sQu

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n/

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KDR

Crea

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ervi

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sset

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4,97

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Mul

tiple

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sSi

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pro

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FTJ

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of fi

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port

$32,

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24M

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ern/

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SECTION C

Nam

e of

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sulta

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scrip

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or R

easo

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trac

tEx

pend

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11–1

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xclu

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Date

Con

trac

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stra

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of p

agin

g se

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mee

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erat

iona

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uire

men

ts$3

2,46

7.03

Mul

tiple

Ord

ers/

Date

sSi

ngle

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a

Scre

enm

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s Pt

y Lt

dPr

ovis

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of li

very

for b

adge

d ve

hicl

es$3

0,74

5.00

Mul

tiple

Ord

ers/

Date

sQu

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n/a

n/a

Shep

herd

Ele

ctric

al

Proj

ects

Pty

Ltd

Prov

isio

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ele

ctric

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aint

enan

ce to

faci

litie

s$2

9,29

6.00

Mul

tiple

Ord

ers/

Date

sOp

en Te

nder

n/a

n/a

Inte

lligen

ce P

ty L

tdPr

ovis

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of tr

aini

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7,92

3.52

Mul

tiple

Ord

ers/

Date

sQu

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n/a

n/a

Wiza

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eopl

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y Lt

dPr

ovis

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of tr

aini

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7,50

1.36

Mul

tiple

Ord

ers/

Date

sQu

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n/a

n/a

MSA

Aus

tralia

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Ltd

Prov

isio

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spe

cial

ist f

ire fi

ghtin

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uipm

ent

and

repa

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6,71

5.00

Mul

tiple

Ord

ers/

Date

sQu

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n/a

n/a

Eche

lon

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ralia

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Ltd

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isio

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risk

ass

essm

ent

$25,

928.

57M

ultip

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tes

Cont

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n/a

n/a

Driv

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duca

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Cent

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f Au

stra

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tdPr

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of s

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5,87

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Mul

tiple

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Date

sQu

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n/a

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stru

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CT)

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con

stru

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d si

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ervi

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$25,

507.

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ultip

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tes

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esn/

an/

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Ref

lect

ions

Pro

perty

M

anag

emen

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of a

nnua

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ACT

Fire

St

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of r

egul

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lean

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serv

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lanc

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vent

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aint

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nd

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cilit

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aint

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nder

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va

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pend

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Date

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Supp

lier

Capi

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Infra

stru

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New

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ed C

onst

ruct

ion

Civi

l Wor

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acka

ges

– Ri

vers

RFS

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12Op

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nder

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Intra

visi

on, T

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ablin

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Air c

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aint

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gree

men

t. UP

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gree

men

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nera

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Mai

nten

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2012

Cont

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tabl

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roug

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prov

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equ

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genc

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htin

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re m

onito

ring

and

fire

pane

l and

ad-

hoc

repa

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SA. P

rovi

sion

of a

d-ho

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cilit

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mai

nten

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acr

oss

ESA

site

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SECTION C

Nam

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Con

sulta

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Cont

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orDe

scrip

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Date

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us m

aint

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7,76

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repa

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med

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llect

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acro

ss E

SA

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0,58

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SECTION C

Nam

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sulta

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Date

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Ltd

Valu

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rvic

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f JAC

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and

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stru

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ele

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$129

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Ongo

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Date

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serv

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$26,

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2012

1/03

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SECTION C

EXTERNAL SOURCES OF LABOUR AND SERVICES – PROVISION OF LEGAL COUNSEL

Table 74: Provision of legal counsel

A – Legal Expenses Vote B – Non Legal Expenses Vote Total

Ex gst Ex gst Ex gst

ALEWOOD, JAN MARGARET $19,912.86 $19,912.86

ARCHER, KEN $31,400.00 - $31,400.00

BAILEY, IAN $58,375.00 - $58,375.00

BLACKET, PAUL $20,420.00 - $20,420.00

BLANK, GRAEME $6,875.00 - $6,875.00

CARNELL, CLAIRE E $600.00 - $600.00

CLYNES, ROBERT $210,188.40 - $210,188.40

COOK, ROBERT $15,545.45 - $15,545.45

CROWE, ROBERT $19,700.00 - $19,700.00

DE FERRARI, LISA G $44,283.10 - $44,283.10

DONOGHUE, DR S - $9,361.82 $9,361.82

EASTMAN, KATE $11,250.54 $2,920.00 $14,170.54

ERSKINE , CHRISTOPHER $24,750.00 - $24,750.00

GLEESON, JUSTIN SC $25,618.18 - $25,618.18

GRIFFITHS, JOHN SC $71,690.00 $2,475.00 $74,165.00

HAMILTON, ROGER L SC $12,900.00 - $12,900.00

HANKS, PETER $26,317.00 - $26,317.00

HARRIS, CLAIRE M $7,765.65 - $7,765.65

HASSALL, MARCUS $10,433.73 - $10,433.73

HAUSFELD, STEVEN $12,826.00 - $12,826.00

HIGGS, DAVID SC $348,658.92 - $348,658.92

HOWARD, GAVIN $6,075.00 - $6,075.00

HUTTON, JAMES $3,941.09 - $3,941.09

JARVIS, DR D $281,355.60 $15,132.58 $296,488.18

LO SURDO, ANTHONY $9,327.28 - $9,327.28

LONERGAN, JULIA $10,396.67 - $10,396.67

MACKEN, JAMES V - $11,927.27 $11,927.27

MACONACHIE, J E $147,464.59 - $147,464.59

MCCARTHY, GEOFFREY $115,025.00 $37,525.00 $152,550.00




MEAGHER, BRYAN $47,991.66 - $47,991.66

MOLOMBY, TOM SC $3,166.05 - $3,166.05

MORLING, TR, QC $10,836.36 - $10,836.36

MOSSOP, DAVID $88,918.17 $3,136.36 $92,054.53

MULLER, ANDREW R $1,500.00 - $1,500.00

NOMCHONG, KYLIE $11,505.54 $3,575.00 $15,080.54

PAPPAS, JACK $21,666.50 $7,583.50 $29,250.00

PARKER, FG $3,550.00 - $3,550.00

PERRY, MELISSA $55,799.30 - $55,799.30

PIKE, EDSON $157,557.53 $16,941.60 $174,499.13

PILKINTON, STUART $26,462.00 - $26,462.00

PURNELL, F, QC $2,964.60 - $2,964.60

RICHARDS, MS A, QC $494,416.34 - $494,416.34

RICHARDSON, KATHERINE $21,250.00 - $21,250.00

SABHARWAL, JAMES $4,180.00 - $4,180.00

SANT, KATHY $37,297.36 - $37,297.36

SHARWOOD, WAYNE $46,700.00 - $46,700.00

SPRUCE, CAROLINE $17,170.00 $21,870.00 $39,040.00

STRETTON, GA - $4,690.00 $4,690.00

THOMAS, VANESSA $32,366.67 - $32,366.67

TONKIN, AMANDA $101,725.00 $12,375.00 $114,100.00

TRAVERS, RON $5,800.00 - $5,800.00

WALKER, PHILIP $115,393.35 - $115,393.35

WATTS, JOHN $28,340.31 - $28,340.31

WHYBROW, STEVEN $35,846.37 - $35,846.37

$2,925,498.17 $149,513.13 $3,075,011.30

Outsourced Legal Services

ASHURST LAWYERS $38,652.56

AUSTRALIAN GOVT SOLICITOR $101,449.73

BLAKE DAWSON $53,130.50

BLUMERS LAWYERS $24,405.16

GRIFFITH HACK $3,194.32


SECTION C



HILL & RUMMERY $3,406.27

KEN CUSH & ASSOCIATES $507.00

NSW CROWN SOLICITOR $53,834.68

QLD CROWN LAW $5,243.03

$283,823.25

EXTERNAL SOURCES OF LABOUR AND SERVICES – PROVISION OF INVESTIGATION SERVICES

Table 75: Provision of Investigation Services

A – Legal Expenses Vote B – Non-Legal Expenses Vote

Total

Executive Security $1,058.90

Express Mercantile $500.00

Panther Investigations $4,368.40

Probe Group $2,385.00

$8,312.30 $0.00 $8,312.30

The payments identified as paid to investigators in column A were paid by the ACTGS from the Legal Expenses Vote (Territorial Account). Payments identified in column B were paid by those agencies that do not operate under the Legal Expenses vote.


SECTION C.16 – COMMUNITY GRANTS /ASSISTANCE/ SPONSORSHIP Table 76: Community grants / assistance / sponsorship

Organisation/Recipient Project Description/process/period of time engaged Outcomes Amount

Prisoners Aid Inc Provide staff to support detainees inside AMC and assist clients inside the Magistrates Court (Court Assistance and Referral Service). Recruit and train volunteers to provide staffing in the visitors area of the AMC and make contact with and provide financial assistance and support to detainees’ families.

Provision of adequate support and assistance.

$50,808

SECTION C.17 – TERRITORY RECORDS

During the 2011–12 financial year JACS commenced a review of the records management plan, which is still ongoing.

The review has a compliance element to ensure the records management plan complies with the ongoing requirements of the Territory Records Act. Upon completion of the review a new plan will be approved by the Director-General and the Executive Management Council, and then will be submitted to the Territory Records Office.

In early 2012 two new disposal schedules relating to the Directorate were approved to address:

• the management of emergency awareness records (NI2012–184)

• the management of emergency management records (NI2012–185).

JACS has continued to respond to the commencement of Part 3 of the Territory Records Act 2002. An ongoing assessment of records older than 20 years is continuing. Relevant exemptions from public access to records have been sought and granted by the director of territory records. These exemptions exist for

the protection of personal privacy; documents affecting enforcement of the law and for documents subject to legal professional privilege.

Records management training, particularly related to the use of a functional thesaurus, is routinely available through the JACS and ACT Government training calendars. Ad hoc training on specific aspects of records management is provided as required (for example incorporating information pertaining to the requirements for preservation of records that allow Aboriginal and Torres Strait Islander people to establish links with their heritage).

JACS is also working on improving its intranet site to provide a coordinated approach to the provision of information regarding records management across the portfolio. It is intended that this site will also provide training information to assist new staff in meeting their obligations under the Act.

Arrangements remain in place for the Territory Records Office to provide a single point of access to Territory records through Archives ACT. There are tools to assist members of the public in the location of records of public interest. These are related to records within the Directorate and accessible from the Archives Act web site at www.archives.act.gov.au.

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


SECTION C

Table 77: JACS Records Disposal Schedule

Records Disposal Schedule

Name

Effective Year and No.

Territory Records (Records Disposal Schedule – ACT Director of Public Prosecutions Records) Approval 2011 (No 1)

8 March 2011 NI2011–89

Territory Records (Records Disposal Schedule – ACT Government Solicitor Records) Approval 2006 (No 2)

14 December 2006 NI2006–447

Territory Records (Records Disposal Schedule – ACT Law Courts and Tribunals Records) Approval 2004 (No 1)

15 December 2004 NI2004–478

Territory Records (Records Disposal Schedule – Advocacy Records) Approval 2003

14 November 2003 NI2003–457

Territory Records (Records Disposal Schedule – Corporate Governance Records) Approval 2009 (No 1)

9 January 2009 NI2009–10

Territory Records (Records Disposal Schedule – Corrective Services Records) Approval 2006 (No 1)

26 September 2006 NI2006–345

Territory Records (Records Disposal Schedule – Electoral Records) Approval 2004 (No 1)

18 June 2004 NI2004–178

Territory Records (Records Disposal Schedule – Emergency Awareness Records) Approval 2012 (No 1)

13 April 2012 NI2012–184

Territory Records (Records Disposal Schedule – Emergency Management Records) Approval 2012 (No 1)

13 April 2012 NI2012–185

Territory Records (Records Disposal Schedule – Fair Trading Records) Approval 2005 (No 1)

28 October 2005 NI2005–401

Territory Records (Records Disposal Schedule – For preserving records containing information that may allow people to establish links with their Aboriginal and Torres Strait Islander heritage) Approval 2011 (No 1)

25 March 2011 NI2011–162

Territory Records (Records Disposal Schedule – Human Rights and Discrimination Records) Approval 2004 (No 1)

7 September 2004 NI2004–335

Territory Records (Records Disposal Schedule – Inquiries & Commissions Records) Approval 2005 (No 1)

6 May 2005 NI2005–155

Territory Records (Records Disposal Schedule – Justice of the Peace Records) Approval 2008 (No 1)

23 September 2008 NI2008–439

Territory Records (Records Disposal Schedule – Ombudsman Complaint Management Records) Approval 2011 (No 1)

8 March 2011 NI2011–93

Territory Records (Records Disposal Schedule – Parliamentary Counsel’s Records) Approval 2006 (No 1)

14 July 2006 NI2006–255

Territory Records (Records Disposal Schedule – Public Trustee Services Records) Approval 2006 (No 1)

3 February 2006 NI2006–30

Territory Records (Records Disposal Schedule – Registrar-General’s Office Records) Approval 2006 (No 1)

14 June 2006 NI2006–184

Territory Records (Records Disposal Schedule – Roads Management Records) Approval 2004 (No 2)

15 December 2004 NI2004–474


Records Disposal Schedule

Name

Effective Year and No.

Territory Records (Records Disposal Schedule – Security Coordination Records) Approval 2009 (No 1)

11 September 2009 NI2009–452

Territory Records (Records Disposal Schedule – Source Records) Approval 2011 (No 1)

25 March 2011 NI2011–170

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Community Relations Records) Approval 2011 (No 1)

8 March 2011 NI2011–84

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Government Relations Records) Approval 2011 (No 1)

8 March 2011 NI2011–88

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Industrial Relations Records) Approval 2011 (No 1)

8 March 2011 NI2011–90

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Information Management Records) Approval 2011 (No 1)

8 March 2011 NI2011–92

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Legal Services Records) Approval 2009 (No 1)

11 September 2009 NI2009–443

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Occupational Health and Safety (OH&S) Records) Approval 2009 (No 1)

11 September 2009 NI2009–444

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Personnel Records) Approval 2011 (No 1)

8 March 2011 NI2011–97

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Publication Records) Approval 2009 (No 1)

11 September 2009 NI2009–450

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Strategic Management Records) Approval 2009 (No 1)

11 September 2009 NI2009–453

Territory Records (Records Disposal Schedule – Territory Administrative Records Disposal Schedules – Technology and Telecommunications Records) Approval 2009 (No 1)

11 September 2009 NI2009–454

Territory Records (Records Disposal Schedule – Traffic and Transport Records) Approval 2004 (No 1)

18 June 2004 NI2004–180

Territory Records (Records Disposal Schedule – Victims Support and Redress Records) Approval 2009 (No 1)

8 May 2009 NI2009–211

Territory Records (Records Disposal Schedule – Workcover Records) Approval 2005 (No 1)

28 October 2005 NI2005–399

Territory Records (Records Disposal Schedule – Workplace and Safety Policy Records) Approval 2011 (No 1)

8 March 2011 NI2011–96

Territory Records (Standard for Records Management Number 9: Records Digitisation and Conversion) Approval 2011 (No 1)

25 March 2011 NI2011–168


SECTION C

SECTION C.18 – COMISSIONER FOR THE ENVIRONMENT The Directorate did not receive a request from Commissioner of the Environment for assistance in the preparation of the State of the Environment Report during the reporting period.

The Commissioner did not undertake an investigation with regard to the activities carried out by the Justice and Community Safety Directorate.

SECTION C.19 ECOLOGICALLY SUSTAINABLE DEVELOPMENT Table 78: Ecologically Sustainable Development

Indicator as at 30 June

Unit 2010–11 2011–12

Line General Office Total Office Total

L1 Occupancy – staff full-time equivalent

Number (FTE) 1,663.20 554.10 1,748.20

L2 Area office space – nett lettable area

Square metres (m2) 30,730 9,713 104,019

Stationary Energy Office Total Office Total

L3 Electricity use Kilowatt hours 9,501,153 338,384 8,772,518

L4 Renewable energy use (GreenPower + EDL land fill gases)

Kilowatt hours 1,360,725 118,036 3,427,045

L5 Percentage of renewable energy used (L4/L3 x 100)

Percentage 14.32% 34.9% 39%

L6 Natural Gas use Megajoules 16,305,085 n/a 18,192,169

L71 Total energy use Megajoules 53,265,000 1,218,180 49,773,230

L8 Energy intensity per FTE (L7/L1)

Megajoules/FTE 32,035 2,198.48 28,471.13

L9 Energy intensity per square metre (L7/L2)

Megajoules/m2 1733 125.42 478.5

Transport Office Total Office Total

L10 Total number of vehicles Numeric 123 355 132 366

L11 Total vehicle kilometres travelled

Kilometres (km) 1,558,161 3,933,350 1,601,659 4,234,832.78

L12 Transport fuel (Petrol) Kilolitres 96.00 131.00 96.43 139.01

L13 Transport fuel (Diesel) Kilolitres 71.90 479.40 76.49 518.66

L14 Transport fuel (LPG) Kilolitres 5.00 5.00 2.17 2.17



Unit 2010–11 2011–12

L15 Transport fuel (CNG) Kilolitres n/a n/a

L161 Total transport energy use

Gigajoules 6,187 23,127 6,307 24,830

Water Office Total Office Total

L17 Water use Kilolitres 56,906 609.7 43,506

Intensities

L18 Water use per FTE (L17/L1)

Kilolitres/FTE 34.22 1.1 24.9

L19 Water use per square metre (L17/L2)

Kilolitres/m2 1.85 .06 .42

Resource Efficiency and Waste

Office Total Office Total

L20 Reams of paper purchased

Reams 17,656 6757 19693

L21 Recycled content of paper purchased

Percentage n/a 9% 8%

L223 Estimate of general waste (based on bins collected)

Litres 115,000 321,498 1,867,654

L233 Estimate of commingled material recycled (based on bins collected)

Litres 2.8 Tonnes

18,700 litres

99,586.57 298,700

L243 Estimate of paper recycled (based on bins collected)

Litres 1.3 Tonnes

8,700 litres

99,584.25 572,950

L253 Estimate of organic material recycled (based on bins collected)

Litres 1.7 Tonnes

11,300 litres

31,698.2 134,175

Greenhouse Gas Emissions

Office Total Office Total

L261 Total stationary energy greenhouse gas emissions (All scopes)

Tonnes CO2–e 0 9,771.74 234.80 6,887.72

L271 Total transport greenhouse gas emissions (All scopes)

Tonnes CO2–e 462.77 1,736 472.78 1,865.23

Intensities


SECTION C


Unit 2010–11 2011–12

L28 Greenhouse gas emissions per person (L26/L1)

Tonnes CO2–e FTE 5.88 0.42 3.94

L29 Greenhouse gas emissions per square metre (L26/L2)

Tonnes CO2–e 0.32 0.02 0.06

L30 Transport greenhouse gas emissions per person (L27/L1)

Tonnes CO2–e FTE 1.04 0.85 1.07

Data reported is in accordance with instructions from Climate Change and Policy Unit at Environment and Sustainable Development Directorate (ESDD).

1. Calculated with information entered into OSCAR

2. Last year’s square metre data refers to office space only. ESDD’s reporting requirement stipulates that “the Office column requires agencies to separate office data from other facilities such as schools and hospitals. The Total column should be equal to the total consumption for the Directorate.” The total figure provided for this reporting period is 104,019m2 representing all leased and owned sites occupied by JACS property portfolio. In relation to JACS owned sites the gross floor area (GFA) of buildings has been used from building been used from building valuations reports.

3. FTE staff figures refer to office and operational staff

4. Previous years reporting required figures to be in tonnes. ESDD has changed instructions for reporting data for this reporting period to litres.

5. Waste data has dramatically increased this year. This is due to more accessible data and accurate reporting. In previous years not all data was available to JACS.

SECTION C.20 – CLIMATE CHANGE AND GREENHOUSE GAS REDUCTION POLICIES AND PROGRAMS

In November 2010 the ACT Legislative Assembly passed the Climate Change and Greenhouse Gas Act 2010, which includes the following targets:

• the peaking of per-capita emissions by 2013;

• carbon neutrality in all ACT Government operations by 2020 a 40 per cent reduction in greenhouse gas emissions on 1990 levels by 2020; and

• zero net emissions by 2060.

The Directorate has developed a Resource Management Plan (RMP) that outlines the Directorate’s approach, commitment and objectives to increasing environmental resource efficiency.

The JACS Sustainability Committee, comprising representatives from each business unit, oversees

the implementation of environmental resource efficiency measures in the workplace as outlined in the RMP.

During the 2011–12 Financial Year the Directorate allocated $254,000 in capital upgrade funding for energy audits and to deliver energy efficient projects across a number of high use sites and to help determined a program for the delivery of energy efficiency projects across numerous JACS sites. The Directorate delivered the following projects:

• energy audits across a number of high use sites

• Alexander Maconochie Centre – upgrade of building management systems

• Ainslie Fire Station – lighting upgrades, HVAC upgrade and the planning of installation of Solar Panels

• Greenway Fire Station – installation of Solar Hot Water and lighting upgrades

• LED Lighting Upgrades – level 9, 12 Moore Street and Level 1, 255 Canberra Avenue

• Magistrates Court – Level 3 lighting upgrade and installation of window insulation


• publication of JACS Energy Saving Guide

• Staff Sustainability Survey and Publications of Survey Results and Recommendations, and

• further rollout of ACTSmart recycling program.

The Ainslie Fire Station has been identified as a key site to work towards becoming the first carbon neutral fire station. It will serve as a model for further upgrades across other ACT Fire & Rescue stations and other Emergency Services Agency sites.

SECTION C.21 – ABORIGINAL AND TORRES STRAIT ISLANDER REPORTING

ABORIGINAL JUSTICE AGREEMENT

The Aboriginal and Torres Strait Islander Justice Agreement demonstrates the ACT Government’s commitment to improving law and justice services and outcomes for Aboriginal and Torres Strait Islander people within the ACT. The agreement was launched in August 2010.

The ACT Government developed the agreement in conjunction with the Aboriginal and Torres Strait Islander Elected Body in response to a joint report that the Attorney-General launched in 2008 by the ACT Council of Social Services/Aboriginal Justice Centre entitled Circles of Support: Towards Indigenous Justice: Prevention, Diversion and Rehabilitation.

REPORTING FRAMEWORK

Under the terms of the Agreement, a reporting framework was established to measure the achievements through performance measures. The performance measures are to be reported on an annual basis within Directorates annual reports and may be subject to the Elected Body estimates style hearings.

REPORT CARD

A public report card on the performance measures and action plan has been completed after two years of the Agreement and will be presented to the Legislative Assembly at the August 2012 sittings. Currently the report card is being circulated to other Directorates for comment. There have been a number of positive outcomes highlighted in the report card including:

APPREHENSIONS BY POLICE

During 2011–12, a total of 559 people taken into custody by ACT Policing identified as being of Aboriginal and Torres Strait Islander descent. This is a reduction of 100 people (approximately 15%) compared with 2010–11 where 659 Aboriginal and Torres Strait Islander people were taken into custody.

RESTORATIVE JUSTICE REFERRALS AND COMPLIANCE

A six month trial involving the referral of all eligible Aboriginal and Torres Strait Islander youth to restorative justice commenced in May 2011. The initiative between ACT Policing and the Restorative Justice Unit included matters referred as a diversion as well as matters where charges had been laid.

The initiative was developed to respond to the over representation of Aboriginal and Torres Strait Islander youth in the criminal justice system and the lower number of referrals, participation rates and compliance with agreements among Aboriginal and Torres Strait Islander youth compared to non-Indigenous youth.

The initiative resulted in a 100% (24 compared to 12) increase in the number of offenders referred to restorative justice compared to the same period (May – November) in 2010. Of the 24 offenders referred, 12 went to the conferences and 12 agreements were formed during the conferences. Of the 12 agreements, 10 completed, and two agreements are still at monitoring stage. The trial is continuing for a further 12 month period.


SECTION C

ABORIGINAL AND TORRES STRAIT ISLANDER PRISONERS AND DETAINEES

The daily average Aboriginal and Torres Strait Islander detainee population at AMC in 2010-11 was 41 compared to 218 non-Indigenous prisoners (including 3 sentenced detainees whose Indigenous status was unknown). That was 15.8 of the total daily average detainee population.

The comparison between 2010–11 and 2011-12 indicates that the daily average number of Aboriginal and Torres Strait Islander detainees in AMC as a proportion of the total population has decreased by 0.2%.

The weekly average for Aboriginal and Torres Strait Islander detainees with a periodic detention warrant in 2011–12 was 6. This compares to a weekly total average of 62 detainees. Aboriginal and Torres Strait Islander people represented an average of 7% of detainees with a periodic detention warrant.

ACT Corrective Services has in place a range of strategies to respond to the high rates of incarceration of Aboriginal and Torres Strait Islander people, including specialist Indigenous staff, cultural awareness training for staff, specific programs for Indigenous detainees and adapted mainstream programs and education.

PROGRESS REPORT – PERFORMANCE MEASURES

The Agreement has a total of 105 action items.

ACT Government Directorates and a number of community organisations are responsible for providing JACS with updated information on specific action items contained in the Agreement. This information is presented at implementation group meetings, which are held on a quarterly basis.

Activities completed by JACS include:

• official launch of a Reconciliation Action Plan

• official launch of an Aboriginal and Torres Strait Islander Employment Action Plan

• implementing mandatory cultural awareness training for JACS staff.

In total 89 actions have been completed or are ongoing, 12 are on track and there are four items left to formally address.

IMPLEMENTATION GROUP

The implementation group is responsible for the overseeing of the strategic goals, driving the key commitments and realising the operational goals of the Agreement, including the 105 action items.

Members of the implementation group include representatives from:

• Indigenous Elected Body

• ACT Policing

• ACT Courts

• ACT Corrective Services

• Victim Support ACT

• Community Services Directorate

• Education and Training Directorate

• Health Directorate

• Aboriginal Justice Centre

• Restorative Justice Unit

• Legal Aid ACT

• Ombudsman’s Office

• Environment and Sustainable Development Directorate

• ACT Human Rights Commission

• Office of Regulatory Services

• Canberra Institute of Technology

• Women’s Legal Centre.

EMPLOYMENT STRATEGY FOR ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLE 2011–15

The ACTPS Aboriginal and Torres Strait Islander Employment Strategy 2011–15 was launched on 12 April 2011.

The strategy establishes the actions to be used by Directorates to increase and maintain employment opportunities for Aboriginal and Torres Strait Islander people. To meet the objectives identified in the strategy, JACS has undertaken the following actions:


ATTRACT

During 2011–12 JACS developed our Aboriginal and Torres Strait Islander Employment Action Plan 2012–15 which was launched in conjunction with our first Reconciliation Action Plan on 29 June 2012.

The plan sets out how JACS will increase the number of Aboriginal and Torres Strait Islander employees and keep them employed within the service.

Our plan also builds on the ACT Aboriginal and Torres Strait Islander Justice Agreement, ACT Public Service Respect, Equity and Diversity Framework and ACT Public Service Employment Strategy for Aboriginal and Torres Strait Islander People.

As at 30 June 2012 JACS had 18 employees who identified themselves as being of Aboriginal and Torres Strait Islander background. They make up 1.0 per cent of the Directorate’s workforce.

JACS continues to support the ACT Government Aboriginal and Torres Strait Islander traineeship program and on 13 April 2012, JACS Aboriginal trainees successfully completed the 2011–12 traineeship program. JACS has shortlisted five applicants under the 2012–13 traineeship program who will commence the program in July 2012.

ACT Corrective Services participated in the Aurora Intern Program and the ACT & Region Indigenous Expo in March 2012.

RETAIN

Throughout the reporting period JACS promoted and observed dates and events of significance to Aboriginal and Torres Strait Islander people including:

• NAIDOC Week – staff participated in the 35th Annual Aboriginal Hostels Limited Luncheon, afternoon tea with a speech from Ms Tracey Whetnall, JACS Indigenous Official Visitor at the AMC, and an art exhibition by Aboriginal and Torres Strait Islander detainees held at the Alexander Maconochie Centre

• National Close the Gap Day on 22 March 2012

• National Reconciliation Week – staff attended a presentation by Dr Anita Heiss, Aboriginal author, poet and social commentator on

30 May 2012. A screening of Land Bilong Islanders by ACT Human Rights Commission was shown on 1 June 2012 to celebrate the 20th anniversary of the historic Mabo decision.

To increase staff awareness of cultural influences, JACS delivered 11 Aboriginal and Torres Strait Islander Cultural Awareness Training Programs in 2011–12 with 187 executives and staff attending. The program is facilitated by Tracey Whetnall Consultancy and was also provided to all operational staff of the ACT Corrective Services as part of induction.

CAPABILITY BUILDING

All staff including Aboriginal and Torres Strait Islander employees have access to JACS training opportunities.

A wide range of training courses were advertised in the JACS Learning and Development Calendar bi-annually. Staff also had access to specific job training and study opportunities provided by their business units and various nationally accredited qualification programs offered under the Australian Government Productivity Places Program.

RECONCILIATION ACTION PLAN

As a lead Directorate committed to reducing the over-representation of Aboriginal and Torres Strait Islander people in the local justice system it is fitting that the Justice and Community Safety Directorate commits to fostering reconciliation by developing and implementing a Reconciliation Action Plan (RAP).

The development of our first RAP represents a small step toward the Directorate’s goal to achieve reconciliation, which we recognise involves an ongoing commitment, both organisationally and individually.

Our RAP has been developed in consultation with JACS staff as well as stakeholders within the Aboriginal and Torres Strait Islander community, including the Elected Body.

JACS values our Aboriginal and Torres Strait Islander staff and the strong relationships we have with the broader Aboriginal and Torres Strait Islander community. Our RAP, launched in conjunction with our Aboriginal and Torres Strait


SECTION C

Islander Employment Action Strategy, places importance on our internal processes to employ and retain Aboriginal and Torres Strait Islander staff and will build on the ACT Aboriginal and Torres Strait Islander Justice Agreement and the ACT Public Services Respect, Equity and Diversity Framework.

As a portfolio we will continue to build good relationships, respect the special contribution of Aboriginal and Torres Strait Islander people to the ACT and Australia and ensure Aboriginal and Torres Strait Islander people have the same life opportunities as other people in this country.

ABORIGINAL JUSTICE CENTRE

The AJC is an independent community-based association established in 2006 to reduce the significant over-representation of Aboriginal and Torres Strait Islander offenders in the criminal justice system.

The AJC employs two support workers who liaise with justice agencies, including ACTCS, Victim Support ACT, ACT Policing, ACT Courts and other agencies such as the Health Directorate and Community Services Directorate to assist their clients and prevent them coming in contact with the criminal justice system in the future, whilst also advocating improvements and reforms to law and justice services available for the Aboriginal and Torres Strait Islander community in the ACT.

AJC also employs a ‘Bringing Them Home’ counsellor to provide counselling to individuals and families and related services to communities affected by past practices relating to the forced removal of children from families.

ACT Policing and the Restorative Justice Unit recently agreed to continue the trial of all eligible Aboriginal and Torres Strait Islander youth to Restorative Justice for a further 12 months. The objective of this process is to increase the participation of Aboriginal and Torres Strait Islander young people in restorative justice processes.

This initiative also aids in reducing the level of disadvantage experienced by Aboriginal and Torres Strait Islander people in the criminal justice system.

GALAMBANY CIRCLE SENTENCING COURT

The Galambany (Circle Sentencing) Court is a specialist court established to provide a culturally relevant and sensitive sentencing option for eligible Aboriginal and Torres Strait Islander people. The Galambany Court sits within the Magistrates Court jurisdiction and involves Aboriginal and Torres Strait Islander community members in the court process as panel members.

The Galambany Court allows for both adults and young people who plead guilty to an offence to be referred for assessment by a panel of Elders and community members and if suitable, to have their matter heard by the Magistrate and a panel of Elders and community members.

Galambany means ‘I, we all, including you’; it is an inclusive word that recognises the various origins of people of Aboriginal and Torres Strait Islander descent living on Ngunnawal country today.

The aim of the Galambany Court is to address offending behaviour within a culturally sensitive framework that provides for recognition of the ongoing disadvantage experienced by many Aboriginal and Torres Strait Islander people in the criminal justice system.

Referrals to the Galambany Court are made at the discretion of the presiding Magistrate following an offender identifying as Aboriginal or Torres Strait Islander and entering a guilty plea in the Magistrates Court. An assessment is conducted by a panel made up of Aboriginal and Torres Strait Islander Elders or community members to determine a defendant’s suitability. If found suitable, the matter proceeds to the Galambany Court for sentencing or, where the offender is considered unsuitable, the matter goes back to the general court list.

In 2010 JACS developed an options paper that canvassed a range of opportunities available to strengthen the operations of the court. The Aboriginal and Torres Strait Islander community provided feedback on the options paper in 2011–12, through extensive consultation undertaken by the Aboriginal Justice Centre. A report on the outcome of the consultation is expected to be provided to the Directorate in 2012–13.

http://www.reconciliation.org.au/extras/file.php?id=37&file=RAP_HR_pg13.pdf

http://www.reconciliation.org.au/extras/file.php?id=37&file=RAP_HR_pg13.pdf


Delivery of an accredited training package for panel members was conducted by the CIT Yurauna Centre in October 2011. The training is designed to build on the expertise of Elders and members of the Aboriginal and Torres Strait Islander community involved as panel members. eleven people completed the training in October 2011.

Funding was provided in the 2011–12 to appropriately renumerate Elders and panel members for their work in the Galambany Court and to further recognise the professionalism and expertise they bring to the court.

YOUTH CRIME PREVENTION ENGAGEMENT PROJECT

The Youth Crime Prevention Engagement Project has been developed by the Aboriginal Justice Centre, in consultation with a number of young Aboriginal and Torres Strait Islander people who have been heavily involved in the criminal justice system. This project targets 10–12 young Aboriginal and Torres Strait Islander people with extensive records, by offering a 6 week program of activities and events.

Working with young Aboriginal and Torres Strait Islander clients has become a priority of the AJC to ensure they are diverted from the criminal justice system and become role models for other young Aboriginal and Torres Strait Islander people.

This project will engage young Aboriginal and Torres Strait Islander people with the aim of reducing their offending, but it will also support the aims and objectives of the Aboriginal Justice Agreement and will support the soon to be released youth justice ‘Blueprint’.

REGULATORY SERVICES

This year ORS had a number of programs targeted at assisting Aboriginal and Torres Strait Islanders in regard to regulatory functions.

Indigenous people are more likely to be disadvantaged than others in the community and are less likely to have all identity documentation readily available. In 2010 ORS commenced a program to waive the charge for issuing individual

birth certificates to Indigenous people who have never had a birth certificate and to work with the Indigenous community to register the births of people who had never been registered.

Through the continuation of the project, ORS has worked closely with Indigenous community organisations to assist members with registering their birth and applying for a birth certificate. In 2011–12, 72 certificates were issued.

The 72 certificates issued were not all ACT birth certificates as ORS assisted ACT residents get certificates from other jurisdictions including New South Wales and Victoria.

ORS waived the fees for the ACT certificates and paid for interstate certificates. In 2011–12 the cost of waivers and paying for interstate fees amounted to $2,965.

ORS now works with a number of Indigenous community organisations including Marymead Indigenous Children’s Program, Gugan Gulwan Drug and Alcohol Outreach Program, Narrabundah Early Childhood School and the Department of Education Indigenous Services, to assist their Indigenous members obtain a birth certificate.

ORS also works in partnership with the NSW Premiers Department as part of their Community Information Days for assisting the Indigenous community access vital services. The Project will continue in 2012–13.

ORS had an information stall for the Aboriginal and Torres Strait Island community at an Indigenous event in Queanbeyan, educating participants on fair trading, work safety and birth certificate registration matters. Information and guidance materials were provided to event organisers to distribute at other Indigenous events across country NSW.

It is anticipated that the ORS will develop a Guidance Note for Indigenous Workers in 2012-13.

During the reporting period ORS revised and updated an ACT consumer guide for Indigenous Australians, which is available to the community.


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SECTION C.22 – ACT MULTICULTURAL STRATEGY 2011–2013 JACS supports and has a firm commitment to the ACT Multicultural Strategy 2010–13. As a portfolio we strive to provide our clients with optimum service and our staff with an open and accepting workplace.

More information regarding JACS community engagement in order to promote and maintain a fair, safe and peaceful community in the ACT can be found at Section B.1 – Community Engagement.

LANGUAGES

To ensure that services and programs are accessible to all Canberrans who do not speak the English language well or not at all, JACS has undertaken the following:

ORS continues to provide interpreter services across the broad registration and client service functions, including the provision of services for people from a non English speaking background attending the road ready centres to undertake the road rules knowledge test.

ESA provides a number of services to people from a non English speaking background including:

• a translation service available upon request for emergency calls to the Emergency 000 communications centre and for ESA staff when operating in the community

• ESA operational services through the multicultural and refugee settlement services and other community forums, conduct information sessions to multicultural communities

• all text on the new ESA website launched in September 2011 can be translated to over 50 different languages using the translation tool on the top right hand side of each page

• brochures available on community safety initiatives in other languages including Arabic, Chinese, Spanish and Hindi

• ESA provides promotional material and a selection is displayed in the foyer of the migrant and refugee settlement service office

• ESA provides a newsletter containing relevant emergency information to multicultural community every two to three months

• a foreign language guide available on all ACT Fire and Rescue trucks to use if required.

A guidance note on workplace safety for multicultural workers was revised and updated and has been translated into a number of different languages.

CHILDREN AND YOUNG PEOPLE

To improve access to services that support the mental health of children and young people of multicultural backgrounds JACS has undertaken the following activities:

ACT Fire & Rescue provide School Fire Education Program across all primary schools in the ACT.

OLDER PEOPLE AND AGED CARE

To support older people from multicultural backgrounds to achieve a positive sense of mental health and wellbeing JACS has undertaken the following:

Transport Regulation revised the older driver and retiring from driver handbooks into a single consolidated and simplified older driver’s handbook. This publication is provided free of charge to drivers on reaching their 70th birthday.

WOMEN

To increase representation and recognition of multicultural women on boards, in leadership and in the workplace JACS has not specifically targeted women of multicultural background. However, the following activities have been undertaken which impact on the multicultural community, including women:

JACS offered six work experience positions for migrants under the Work Experience and Support Program (WESP) run by the Office of Multicultural Affairs.


The program is designed to help migrants and refugees who have achieved qualifications from overseas gain vital work experience necessary to achieve full-time employment in the future. Participants undertake four weeks of office skills training followed by eight weeks of work experience in an ACT Government agency.

JACS is committed to participating in this program in the future.

REFUGEES, ASYLUM SEEKERS AND HUMANITARIAN ENTRANTS

To provide access to health and wellbeing services that meet the needs of refugees, asylum seekers and humanitarian entrants, JACS has undertaken the following:

Transport Regulation progressed arrangements to provide asylum seekers who are full-time students access to parking under the CIT student prepaid ticket parking scheme.

ORS participated in the WESP and offered an eight week work experience program to a South Sudanese refugee who was trained in administration and finance tasks.

INTERCULTURAL HARMONY AND RELIGIOUS ACCEPTANCE

To provide opportunities to develop the capacity of the multicultural sector, JACS undertook the following activities throughout the reporting period:

11 Aboriginal and Torres Strait Islander cultural awareness training programs were delivered in 2011–12 with 187 executives and staff attending. Aboriginal and Torres Strait Islander cultural awareness training is provided to all operational staff of the ACTCS as part of induction.

JACS celebrated events including:

NAIDOC Week – participation in the 35th Annual Aboriginal Hostels Limited Luncheon, afternoon tea with a speech from Ms Tracey Whetnall, JACS Indigenous Official Visitor at the AMC and an art exhibition by Aboriginal and Torres Strait Islander detainees held at the Alexander Maconochie Centre

A Taste of Harmony – was enjoyed by many business units across the portfolio during the week of 19–25 March 2012. Staff celebrated their cultural diversity through the sharing of culture and food in their workplaces. In doing so, $311 was raised by staff for the JACS4GreaterGood Workplace Giving Scheme managed by the Public Trustee for the ACT

National Reconciliation Week – a presentation by Dr Anita Heiss, Aboriginal author, poet and social commentator on 30 May 2012, and a screening of Land Bilong Islanders by ACT Human Rights Commission on 1 June 2012 to celebrate the 20th anniversary of the historic Mabo decision.

SECTION C.23 – ACT STRATEGIC PLAN FOR POSITIVE AGEING 2010–2014

As a portfolio, JACS is proud to contribute to a coordinated approach across Government and the community to support positive ageing and an age-friendly city where older people are respected, valued and supported to actively participate.

JACS has worked collaboratively with agencies to provide services that support positive ageing. The following information illustrates the services provided throughout 2011–12 that are relevant to our action items listed under strategic priorities 3, 5 and 7 of the ACT Strategic Plan for Positive Ageing 2010–14.


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Table 79: ACT Strategic Plan for Positive Ageing 2010–14

Strategic Priority 3 – Respect, Valuing and Safety

Lead Agency Performance Indicators Result

Action 1 Promote ACT Enduring Power of Attorney (EPA) provisions; and work with other jurisdictions to standardise EPA provisions.

Justice and Community Safety

• Number of EPAs registered.

• Number of EPA information sessions provided.

• 8 EPAs were registered.

• 12 EPA information sessions were provided

Action 2 Promote safety programs that encourage neighbourhood connections.


• Number of active neighbourhood groups and programs e.g. Neighbourhood Watch, ‘Prepare – Act – Survive’, Red Cross Redi Plan and TeleCross.

• Number of Home Safety Program kits distributed.

• Number of community safety seminars held.

• Number of ACT Policing Suburban Police Consultative Committees established.

JACS has entered into a Service Funding Agreement with Supportlink Australia to manage a Home Safety Program targeting vulnerable and at risk persons in the ACT and assisting them improve their safety in their homes.

This includes undertaking 550 home assessments and 400 minor home improvements over the life of the contract (to 30 June 2013).

Action 3 Protect the consumer rights of seniors.


• Number of ‘ACT Seniors Consumer Guides’ distributed.

• Number of people attending seminars on fair trading issues such as scams and refund rights.

The Office of Regulatory Services (ORS) attended the Seniors Expo on 24 March as part of Seniors Week 2011. ORS distributed guidance materials relating to scams, Australian Consumer Law, consumer issues and retirement villages. Promotional materials such as ORS pens, bags, shopping pads and magnets were also distributed. ORS staff engaged with approximately 250 people during the day.

ORS attended the Retirement and Lifestyle Expo (as part of the ACT Government stand) from 27–29 May. ORS distributed guidance materials relating to scams, the Australian Consumer Law, consumer issues and retirement villages. Promotional materials such as ORS pens, bags, shopping pads and magnets were also distributed. ORS staff and ORS staff engaged with approximately 1650 people during the three days.


Strategic Priority 5 – Support Services


Action 4 Encourage the public to contact the ACT Health Services Commissioner for help if they have an unresolved concern about a service provided to an older person.9

ACT Health Services Commissioner

• Number of complaints received and resolved.

• Number of community education seminars held that promote the role of the Health Services Commissioner.

Two services for older people complaints were received and two complaints were resolved (one from previous reporting period).

47 seminar outreach sessions were conducted to promote the role of the Health Services Commissioner.

Strategic Priority 7 – Work and Retirement


Action 5 Promote the role of the Human Rights Commission in investigating complaints of age discrimination.

Human Rights Commissioner

• Number of complaints resolved.

• Number of education sessions on age discrimination.

• Number of attendees at above sessions

10 age discrimination complaints received, one ongoing and one resolved.

Six general discrimination training (including age discrimination) sessions conducted.

Paid radio advertisements about HRC included age discrimination.

HRC stall at Retirement and Lifestyle Expo in May 2011.

Action 6 Foster and promote pre-retirement planning to assist individuals in planning for lifestyle changes.

JACS, CSD AND CMCD • Number of Enduring Power of Attorney seminars

12 EPA seminars were conducted.

The Public Trustee held a free seminar on Wills and Enduring Powers of Attorney during Seniors Week with approximately 90 people in attendance. A free will was offered to every person of 60 years of age and over.

9 The Commissioner investigates complaints about, and promotes improvements in the provision of, services for older people.


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SECTION C.24 – ACT WOMEN’S PLAN 2010–2015

JACS managed a number of projects and working groups throughout the reporting period that contributed to supporting improvements to justice and community safety for women and girls in the ACT.

Our actions taken and outcomes achieved have been done in accordance with the following priority areas and indicators of progress under the key priorities, outlined on page 8 of the ACT Women’s Plan 2010–15:

Table 80: Women’s Plan 2010–15

ECONOMIC SOCIAL ENVIRONMENTAL

Strategic outcome

Women and girls equally and fully participate in and benefit from the ACT economy.

Strategic outcome

Women and girls equally and fully participate in sustaining their families and communities and enjoy community inclusion and wellbeing.

Strategic outcome

Women and girls equally and fully participate in planning and sharing a safe, accessible and sustainable city.

Priority areas

• Responsive education, training and lifelong learning

• Flexible workplaces

• Economic independence and opportunities

• Leadership and decision making

Priority areas

• Safe and respectful relationships

• Good health and wellbeing

• Safe and accessible housing

Priority areas

• Safe and responsive transport and urban planning

• Sustainable environment

Indicators of Progress

Evidence of:

• education and training pathways for women and girls

• increased opportunities for the advancement of women in the workforce

• increased economic leadership and decision making opportunities for women and girls

• improved financial equity


Evidence of:

• recognition of women and girls’ contributions to the community

• increased community leadership and decision making opportunities for women and girls

• affordable and accessible gender and culturally sensitive services

• pathways for women experiencing disadvantage, social exclusion and isolation

• addressing violence against women and their children and protection and support for victims


Evidence of:

• available opportunities for women and girls in decisions about urban planning, transport and the environment

• consideration towards women and girls’ safety, security and accessibility when designing, building or retrofitting public facilities


ECONOMIC

EVIDENCE OF PATHWAYS FOR WOMEN AND GIRLS IN EDUCATION AND TRAINING

Learning and Development

JACS offered a range of training programs which have been highlighted under the C.8 Learning and Development section of the report. For programs organised centrally in 2011–12, 54.6% (927) women participated, compared to 55.5% in 2010–11.

JACS supported 25 women during 2011–12 with study assistance, compared to 20 women in 2010–12. This equates to an increase from a 47% to a 65% participation rate.

ACT Corrective Services Registered Training Office

Corrective services offered a range of internal training programs to 43 (30%) women within Corrective Services.

Emergency Services Agency Registered Training Office

During the reporting period, 16 women were enrolled in vocational education and training qualifications through the ESA Registered Training Organisation. In addition, there were 407 recorded instances of participation in a training activity.

In July 2011, ESA hosted a Women and Leadership workshop, presented by Christine Nixon (former Commissioner, Victoria Police). The workshop was attended by ESA staff, volunteers and colleagues from across the portfolio.

Women who have participated in education programs at the AMC

The total number of female detainees participating in educational courses in the last financial year was 31. It should be noted that education statistics are taken as a snapshot each month. The information is also dependent upon the average numbers of detainees enrolled during any given month.

EVIDENCE OF PATHWAYS INCREASED OPPORTUNITIES FOR THE ADVANCEMENT OF WOMEN IN THE WORKFORCE

Flexible working environments

The JACS Enterprise Agreement 2011–13 provides staff with the opportunity to negotiate flexible work arrangements in order to create a better work life balance.

Workforce profile

The Directorate’s staff profile indicates that 762 (42%) of its workforce is female. Of the 42% during 2011–12, 14% of those women were accessing part-time or casual arrangements.

The staffing profile on page 200 of this annual report provides a more comprehensive breakdown of the Directorate’s staff profile including levels and diversity information. There has been no significant shift from the 2010–11 figures in this regard.

Graduate Program

In 2011–12 four out of seven (57%) graduates employed by the Directorate under the ACT Public Service Graduate Program were women. In 2010–11 three out of six (50%) graduates were women.

Traineeships

The Directorate engaged one female trainee under the ACT Government Aboriginal and Torres Strait Islander Traineeship Program.

Legal Counsel

25% (14) of counsel engaged by the ACT Government Solicitor in 2011–12 were female. This compares to 45% (21) in 2010–11. It should be noted that the total number of counsel engaged in 2010–11 was 46 as opposed to 54 in 2011–12.


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EVIDENCE OF INCREASED OPPORTUNITIES FOR ECONOMIC LEADERSHIP AND DECISION MAKING OPPORTUNITIES FOR WOMEN AND GIRLS

Senior Executives in JACS

39% of senior executive positions are held by women; this compares to 41% in 2010–11. However, there were still more women than men holding senior officer, legal and professional positions. In 2010–11 these amounted to 176 (59%) whilst in 2011–12 this figure was 171 (55%).

Professional Development

In 2011–12, of the 123 employees who participated in leadership development programs 94 of the participants were women. This equates to an increase in participation from 61% of women in 2010–11 to 76.4% in 2011–12.

Judicial Officers

The Directorate’s staff profile indicates there are five female Judicial Officers. This figure remained the same as for 2010–11.

EVIDENCE OF IMPROVED FINANCIAL EQUITY

Superannuation and Retirement Planning

Staff have access to superannuation and retirement planning seminars promoted by Shared Services.

Counsel Fees

In 2011–12 $927,219 was paid to female counsel which equates to 30% of all fees paid, which is an increase from 20% of all fees paid in 2010–11.

SOCIAL

EVIDENCE OF RECOGNITION OF WOMEN AND GIRLS’ CONTRIBUTION TO THE COMMUNITY

International Women’s Day Activities

On Thursday 8 March, staff from across the JACS Directorate came together to celebrate International Women’s Day, a day that recognises the achievements of all women across the world regardless of divisions, whether national, ethnic, linguistic, cultural, economic or political and look ahead to the untapped potential and opportunities that await future generations of women. To mark the occasion, JACS held a women’s forum featuring guest speakers Chief Magistrate Lorraine Walker, Sergeant Donna Hoffmeier and Young Australian of the Year nominee and Women’s Legal Centre lawyer Heidi Yates. The speakers explored a range of topics and issues facing women today and across the span of their various careers.

For those that were unable to attend the forum an article was featured in the JACSNews on 28 March 2012.

Awards and Recognition

Women are represented as recipients of the following awards:

• the National Medals (3 out of 41 recipients or 7% – note medals are awarded to a male dominated workforce)

• ACT Community Protection Medal (one (25%) out of 4 recipients), and

• JACS Director-General Awards were provided to groups and individuals in a number of categories. Out of the individuals there were 13 female nominees of whom three won an award.


EVIDENCE OF INCREASED COMMUNITY LEADERSHIP AND DECISION MAKING OPPORTUNITIES FOR WOMEN AND GIRLS

Women’s Representation on Boards and Committees

Table 81: Women’s Representation on Boards and Committees

Board/Committee Females Males Total Females %

Bushfire Council 5 6 11 45.5%

CCTV Audit Review Committee 2 3 5 40.0%

Crime Prevention and Community Safety Forum1 5 3 8 62.5%

Domestic Violence Prevention Council 6 4 10 60.0%

Fair Trading Advisory Committee 2 3 5 40.0%

Firearms Consultative Committee 3 10 13 23.1%

Fitness Industry Code Administration Committee 1 4 5 20.0%

Law Reform Advisory Council2 6 8 14 42.9%

Liquor Advisory Board 1 5 6 16.7%

Motor Vehicle Repair Industry Advisory Committee 1 4 5 20.0%

Professional Standards Council3 3 8 11 27.3%

Retirement Villages Code Administration Committee 4 6 10 40.0%

Road Safety Executive Group 3 8 11 27.3%

Road Safety Task Force 5 6 11 45.5%

Road Users Working Group 2 6 8 25.0%

Sentence Administration Board4 4 3 7 50.0%

Victims Advisory Board 6 5 11 54.5%

1 Based on community representation, it should be noted that all Directorates are represented on the forum however who attends each meeting may vary. At the last workshop there were 22 government representatives 8 (36%) of which were women.

2 Total number of member 18 – 4 positions currently vacant.

3 This comprises of nominees of each jurisdiction, so the ACT is not able to determine gender balance. However, the current ACT nominee is female.

4 The eighth person is based on whichever sex is serving in the AFP position.


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Emergency Service Volunteers

There were approximately 419 (25%) female volunteers across the Emergency Services Agency in 2011–12, this is a slight decrease from 2010–11 where the number of female volunteers was 429 (28%). It needs to be acknowledged that there is the likelihood a slight shift in volunteer numbers in line with individual circumstances.

EVIDENCE OF AFFORDABLE AND ACCESSIBLE GENDER AND CULTURALLY SENSITIVE SERVICES

Corrective Services Women and Children’s Program Policy

This document may be viewed here http://www.legislation.act.gov.au/ni/2010–449/default.asp and the Reception and Management of Female Prisoners policy may be found here http://www.legislation.act.gov.au/ni/2007–468/default.asp

GENERAL SENSITIVE INITIATIVES IN AMC INCLUDING EDUCATION AND HEALTH SERVICES

There are no specific education programs initiatives for women as offered by ACT Corrective Services. Women have access to education and programs as per other detainees. The AMC does however, operate a monthly Women’s Services Provider forum which provides an opportunity for both female detainees and service providers to interact in regard to services and programs both in AMC and post-release.

EVIDENCE OF PATHWAYS FOR WOMEN EXPERIENCING DISADVANTAGE, SOCIAL EXCLUSION AND ISOLATION

Accommodation Assistance for Former-Detainees

For women leaving prison, ACT Corrective Services works with a number of community agencies who provide accommodation programs for vulnerable women, including women leaving prison. One such program in the Toora Coming Home Project.

The Coming Home program has been developed by an alliance between Toora Women Inc, Beryl Women Inc and Canberra Rape Crisis Centre.

The Project’s Purpose is to provide services to women exiting the Corrections system that will reduce homelessness and reduce recidivism.

The Project’s Objectives include the provision of advocacy and case management to help women reintegrate into the community. This will be assisted by providing suitable housing, transitional and outreach support as indicated by the goals identified below:

• The Alliance aims to provide a holistic wrap-around approach by linking women into the broad network of services provided by the Alliance and other community partners.

• The CH Program will aim to assist women to reconnect with their families, children and communities.

• The CH Program will work with women from pre-release to post-release to assist women in determining their needs. We can provide outreach and housing support as well as working with other through and after care providers.

The Coming Home Program will ensure women:

• gain improved safety and health outcomes

• develop opportunities to increase knowledge, skills and confidence to manage future crises

• increase their awareness of, and capacity to access, ongoing education, community resources and support networks

• are more able to sustain a stable tenancy

• develop enduring skills to access appropriate mainstream and specialist services.

The program supports five accommodated women and up to 15 women with outreach at any one time. Women eligible for accommodation are allocated a property and receive intensive case management for approximately 12 months. The five places are allocated specifically to women referred by ACT Corrections. Coming Home works through protocols established with ACT Corrections.

The other (15) places are made available to women with high and complex needs; referrals are accepted from individuals, and other accommodation services as well as mental health services and other government and non-government agencies.

http://www.legislation.act.gov.au/ni/2010-449/default.asp





EVIDENCE OF ADDRESSING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN AND PROTECTION AND SUPPORT FOR VICTIMS

Sexual Assault Reform Program

The SARP reforms are designed to improve the criminal justice system response to investigating and prosecuting sexual offences, including measures to reduce trauma for victims when giving evidence. To date, these have included:

• establishment of facilities to enable a witness to give evidence from a location away from the court room, and technology in the courts to enable the victim’s evidence to be pre-recorded and re-played when needed without requiring the victim to be questioned again at retrials or appeals

• additional resources in ACT Policing and specialist staff in prosecutions and witness assistance, to interview and support victims of sexual assault, and

• enhanced capacity in legal policy, training and development and evaluation to ensure efficient sustainable reform.

Australian Institute of Criminology (AIC) SARP Evaluation Report:

• The AIC has provided the Directorate with a final SARP Evaluation Report in May 2012. The government has not yet formally responded to the report, however, is generally positive of reforms from SARP programs and in particular Wraparound had been considered beneficial for victims of crime.

• The Report raises key issues for future improvements in regards to the Government’s responses to sexual offending. The key issues outlined in the Evaluation Report are:

f) attrition from the criminal justice system;

g) trial delays; the ACT may consider introducing a time limit on sexual offence cases. Time limits have been legislated in other jurisdictions specifically for sexual offences; and

h) the ‘forgotten victims’ of sexual offences, for example, close family members of victims of sexual offences.

Victims Advisory Board

The Victims Advisory Board is currently made up of 5 males and 6 females. There is, however, one appointment pending (Community Services Directorate rep – female). The Board provides a platform to formulate protocols and procedures for the treatment of victims of crime and advise the Attorney-General on the development of policies and plans to promote the interests of victims of crime in the ACT, including women.

Domestic Violence Prevention Council

There are currently six women (50%) appointed to the Domestic Violence Prevention Council which is made up of 12 members (with ten members currently appointed) and the Domestic Violence Project Coordinator.

The Council has undertaken a number of activities that support the prevention of violence against women and their children and support victims of domestic violence.

On 21 June 2012 the Council, in co-operation with the Family Law Pathways Network (FLPN), hosted a seminar on ‘Lifting the lid on intimate partner sexual violence’. Interstate guest speakers Ms Debra Parkinson and Ms Jill Duncan spoke about what is known about intimate partner sexual violence and what is being done to address these issues.

The Council funded the reprint of the ‘We don’t shoot our wounded’ report which was first published in early 2010. This report investigates the extent to which Aboriginal and Torres Strait Islander victims of family violence access the justice system in the ACT. Information is also provided on the accessibility, availability and use of family violence services by Aboriginal and Torres Strait Islanders victims in the ACT.

A collaborative working group has been formed between the Council and the ACT Prevention of Violence against Women and Children Strategy (Our Responsibility) Governance Group to work on joint projects between the two groups. The Council in collaboration with the Governance Group is organising a ‘Partners in Prevention Function’ to coincide with White Ribbon Day on 26 November 2012.

Through an agreement between the Council and the FLPN free biannual domestic violence


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awareness training is continuing to be provided to a broad range of service providers. This training receives positive feedback.

Whole-of-Government Statement on Family Violence

The ACT Government Statement on Family Violence (http://www.justice.act.gov.au/page/view/2651) and was launched in August 2011 together with the ACT Strategy – our responsibility ending violence against women and children 2011–2017.

The Statement, which was prepared with the assistance of the ACT Domestic Violence Prevention Council (http://www.justice.act.gov.au/page/view/619), articulates a clear and concise message about the Government’s position that everyone has a right to live their lives free from family violence in all its forms. The Statement, together with the ACT Strategy, provides overarching guidance to shape all future policies, and to assist with the updating of current policies.

A young person version of the Statement has also been prepared in collaboration with the Children and Young People Commissioner, Mr Alasdair Roy. The young person statement – a message to the young people of Canberra – targets a younger audience and includes a list of services available in the event that a young person needs help because family violence has occurred.

The ACT Government holds the person using violence accountable and responsible for their

violent and abusive behaviour, and is committed to supporting people affected by violence and abuse.

Restorative Justice Conference

The statistics for female victims participating in restorative justice process for 2011–12 was 104 or 40% of the total victims who participated. This compares with 44% in 2010–11.

The number of young female offenders that participated in the restorative justice process in 2011–12 was 61 or 32%. This compares with 25% (45) in 2010–11.

Home Safety Program (% of Women and their Diversity who Participated in Home Assessments)

The percentage of females that participated in home assessments as part of the Home Safety Program is 2011–12 was 77%. The age breakdown of all recipients is shown in Table 82:

Funding for the Community Legal Centres

The 2012–13 Budget included funding to assist Street Law and the Women’s Legal Centre. The Government has provided $666,000 over 3 years to help the Women’s Legal Centre find new accommodation, which in turn provides more space for the legal services that will remain in Havelock House, the Welfare Rights and Legal Centre and Tenants Union. The funds will also

Table 82: Home Safety Program Participant Information

Age %*

20 – 25 5

25 – 30 4

30 – 40 3

40 – 50 5

50 – 60 4

60 – 70 13

70 – 80 33

80+ 33

* Percentages have been rounded up

http://www.justice.act.gov.au/page/view/2651




270 ACT JUSTICE AND COMMUNITY SAFETY ANNUAL REPORT 11–12270 ACT JUSTICE AND COMMUNITY SAFETY ANNUAL REPORT 11–12

assist with refurbishment of Havelock House for those centres.

The ACT Government is strongly supportive of the important role the community legal centres play in delivering access to legal services to many people who may not otherwise be able to afford them, and who are often in situations of crisis.

On 27 March 2012, the Attorney-General tabled a study of options and feasibility for a community legal centre hub. The most cost effective option was to relocate one CLC to Government-owned or leased accommodation.

In anticipation of the possibility of moving a single CLC to alternative premises, a Budget initiative for 2012–13 was submitted for relocation of the Women’s Legal Centre. The specific accommodation is yet to be identified. That bid was successful, and inquiries are being made about a suitable location.

Safety for Sex Workers

The Government’s response to Report 9 of the Standing Committee on Justice and Community Safety – Inquiry into the Prostitution Act 1992 – was tabled on 5 June 2012. The Report makes 17 recommendations for change to the regulation of the commercial sex industry in the ACT. The recommendations focus on the health and safety of sex workers and their clients, and on the need for effective enforcement of the Prostitution Act, in particularly, the enforcement of laws against people trafficking and the employment of minors as sex workers.

The Government’s position on the operation of the Prostitution Act is that, overall, the Act and the agencies responsible for its administration have significantly raised the level of protection of the health and safety of sex workers in the ACT and their clients. The Government proposes to establish an implementation working group, which will include all relevant government agencies, to develop and oversee a program of implementation of the Government’s responses and additional recommendations made by ACT Policing. Peak representatives of the sex industry will be invited to participate in the group’s deliberations.

Legislative Changes to Improve Safety and Protection of Children from Sexual Assault and Violence

The Crimes Legislation Amendment Bill 2012, introduced in the Legislative Assembly on 10 May 2012 will strengthen sexual offence provisions and laws for the giving of evidence in violent and/or sexual offences.

Specifically the amendments will:

• facilitate the recording of evidence given by certain witnesses in sexual offence proceedings, and remove doubt in relation to the admission of this evidence in a related proceeding

• remove any doubt in relation to the admissibility of a pre-trial recording for a witness who turns 18 years or older before the recording is admitted into evidence in the court proceeding

• provide that the court must allow a Victim Impact Statement (VIS) to be read aloud in court where a person eligible to make a VIS wishes to do so, and

• provide that where a victim or other witness (including child witnesses, victims of sexual assault and violent offences, intellectually impaired witnesses and all witnesses in sexual and violent offence matters) is eligible to give evidence in a proceeding by audiovisual link they can read out a VIS by audiovisual link in that same proceeding.

White Ribbon Day Activities

The Justice and Community Safety Directorate supported White Ribbon Day. Deputy Director-General (Justice), Alison Playford sent an email to all staff in the Directorate encouraging people to take the pledge and stand up against this issue in our community. An article was also printed in the JACSNews following the day in order to raise awareness across the Directorate.

RED Framework – Workplace Violence Prevention Initiatives

A number of learning and development programs were organised to support staff whose roles involve addressing violence against women and


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their children and protection and support for victims. The programs include:

• ACT Mindfully with trauma

• Domestic violence awareness

• Domestic violence and law

• Reporting child abuse and neglect

• Suicide awareness, and

• Treating complex trauma.

ENVIRONMENTAL

EVIDENCE OF AVAILABLE OPPORTUNITIES FOR WOMEN AND GIRLS IN DECISIONS ABOUT URBAN PLANNING, TRANSPORT AND THE ENVIRONMENT

Crime Prevention and Community Safety Forum

The Crime Prevention and Community Safety Forum has eight community representatives of which five (62%) are women.

The focus of the Forum in 2011–12 was on the Property Crime Reduction Strategy 2012–2015. The impact of property crime on women was discussed in the development of the Property Crime Reduction Strategy.

The differential impacts across genders and age groups is an inherent outcome of those who commit property crime (mostly young males) and those who are more likely to be fearful or concerned about property crime (such as the ageing, women, those with a disability).

Access to services and information is targeted within the Strategy according to these differences. For example, programs for offenders and at risk youth are more likely to be tailored to young males.

Information for victims or those concerned about property crime are widely available with targeted presentations provided at certain Canberra events, locations or community organisations focusing on the ageing, women and those with a disability.

Taking this one step further, the Home Safety Program is an important commitment within the

Property Crime Reduction Strategy action plan and these services are available to everyone but provided predominantly to women.

EVIDENCE OF CONSIDERATION TOWARDS WOMEN AND GIRLS’ SAFETY, SECURITY AND ACCESSIBILITY WHEN DESIGNING, BUILDING OR RETROFITTING PUBLIC FACILITIES

Closed Circuit Television Advisory Group and Technical Group

The CCTV Advisory Group consists of six women which is 30% of the group’s representations.

Whilst the Advisory Group has not specifically dealt with issues affecting women, the group is designed to develop solutions to CCTV issues, enhance innovation in CCTV technology and provide the ACT Business and Community sectors with input into the CCTV Future Planning.

The CCTV Technical Group consists of 24 members, seven (29%) of which are female. The purpose of this group is to develop CCTV capability, develop and encourage innovation and enhance efficiencies and effectiveness within the CCTV Program for all Directorates.

SECTION C.25 – MODEL LITIGANT GUIDELINES

A new reporting item relating to model litigant behaviour was introduced for 2009–10 in the Law Officer Amendment Act 2009. Under section 5AC of the former Law Officer Act 1992, the Directorate is required to publish a summary of information from all agencies about breaches of the model litigant guidelines, and measures taken to ensure compliance with the guidelines.

The Government has long recognised its obligation to behave as a model litigant in all legal matters involving the Territory. In dealings with the public, the Territory has disproportionate bargaining power. To address this power imbalance, in February 2004, the Government formally adopted a set of non-binding guidelines to promote model litigant behaviour. Model litigant behaviour includes taking measures to ensure that, when appropriate, disputes are settled without going to court, and that agencies


apologise when they have made mistakes in relation to litigation they are involved in. The first year that the model litigant guidelines had legally binding status in the Territory was 2009–10. In March 2010, the Law Officer (Model Litigant) Guidelines 2010 (No 1) were notified by the Attorney-General under the Law Officer Act 1992. The non-binding February 2004 guidelines formed the basis of the notified guidelines.

The Law Officer Amendment Act 2009 (notified 2 September 2009) gave the Attorney-General the power to notify the guidelines as a legal instrument, and also introduced the requirement that agencies report on compliance. Following notification of the guidelines, the ACTGS office promoted awareness by issuing a legal bulletin in May 2010, explaining the content of the guidelines, and directing agencies to seek advice from the ACTGS in order to ensure compliance. On 31 August 2011, the new Law Officers Act 2011 came into effect in place of the Law Officer Act 1992. However, the model litigant guidelines as well as the reporting requirements remain under the new Act. The Law Officer (Model Litigant) Guidelines 2010 (No 1) are given effect by section 36 of the Act, while the reporting requirements are now set out in section 15.

JACS COMPLIANCE – REPORT UNDER SECTION 15(1) OF THE LAW OFFICERS ACT 2011

The Director-General has the following procedures in place to ensure that the Directorate is aware of and complies with the guidelines:

• all instructions in relation to disputes are passed through a central point within the Directorate and a report is available to the Director-General in relation to the progress of matters.

• the Directorate’s legal services are provided by ACTGS, which reviews the Directorate’s instructions to ensure compliance with the guidelines. The Directorate is able to rely on ACTGS to identify those matters where a question arises as to compliance with the model litigant guidelines and to address it or elevate it within the Directorate as appropriate.

• all staff involved in claims procedures or other decisions that may at some point become

the subject of litigation are informed of the guidelines and instructed to comply with them, referring any queries to ACTGS.

No breaches of the model litigant guidelines by the Directorate occurred during the financial year.

ACTGS play an integral role in assisting the Directorate, and other Government Agencies understand and comply with the Model Litigant Guidelines. The ACTGS presently comprises two operational sections that provide the administrative framework for addressing allocation of instructions, resourcing and personnel issues.

The conduct of the operational sections and the several practice groups that are functionally aligned to the work undertaken by the ACTGS is generally the responsibility of the two Deputy Chief Solicitors, who are responsible to the Solicitor-General. The leader of each operational section has responsibility for the allocation of matters in accordance with practice groups and individual workloads. Practice groups are, in turn, headed by practice group leaders.

New instructions will broadly fall within practice groups and practice group leaders will either directly supervise individual solicitors to whom the matter has been allocated or coordinate supervision of these solicitors with other senior lawyers. Practice group leaders monitor their areas of practice for consistency of advice work and practice within the Office and for external developments in law and practice.

All new instructions are received by or referred to the Solicitor-General. The Solicitor-General, acting in consultation with Deputy Chief Solicitors, refers new instructions to section leaders for allocation to individual solicitors. The Solicitor-General will for larger, more complex matters, consider the coordination of matter within two or more practice groups. All incoming hard copy correspondence is sighted by the relevant Deputies and, in addition to addressing any other relevant issue, matters of sensitivity or suggestions that the ACTGS or its clients are not acting as model litigants are directly pursued with the lawyers concerned and brought to the immediate attention of the Solicitor-General.

The use of practice groups is designed to increase the expertise of lawyers, ensure


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consistency of advice and share the practice management workload amongst the senior lawyers to enhance the operational outcomes within the Office. The leaders of the practice groups have as one of their principal responsibilities acting as mentor and supervisor to staff working on matters within those areas.

Reporting lines for individual matters are, therefore, from acting solicitor to supervisor (usually practice group leader) to section manager and/or Deputy Chief Solicitor or Solicitor-General. Solicitors are required under the Office’s internal performance recording systems to record completion of matters within relevant timeframes and to record compliments and criticisms. Criticisms are referred directly to the Solicitor-General for appropriate response.

These internal measures have enhanced the Office’s ability to assist its clients to act as model litigants by providing timely advice to clients, complying with court-imposed deadlines and acting consistently in the conduct of litigation.

AGENCY COMPLIANCE WITH THE MODEL LITIGANT GUIDELINES – SECTION 15(2) SUMMARY

Section 15(2) of the Law Officers Act 2011 requires the Directorate’s annual report to summarise compliance measures and breaches of the model litigant guidelines for all government agencies.

No agencies reported breaches of the guidelines in the financial year 2011–12.

Directorates have put in place various measures to ensure that staff involved in litigation are aware of, and understand their obligations under the Model Litigant Guidelines. One Directorate is undertaking a review of its policies and procedures to ensure compliance with the guidelines.

All agencies relying on ACTGS for legal services monitored compliance through the instruction process. ACTGS reviews all instructions received to attempt to ensure compliance with the model litigant guidelines and will advise agencies of

any breaches that may have occurred before instructions were received by ACTGS.

SECTION C.26 – NOTICES OF NONCOMPLIANCE There were no infringement notices issued to the JACS Directorate for non compliance with the Dangerous Substances Act 2004.

OTHER REPORTS REQUIRED UNDER THE ANNUAL REPORTS (GOVERNMENT AGENCIES) NOTICE 2012 (NO 1).

TERRORISM (EXTRAORDINARY TEMPORARY POWERS)

Section 98 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (the Terrorism Act) requires the Director-General to annually report on the use and effectiveness of the Terrorism Act.

Section 98(2) of the Terrorism Act requires the reporting of information that includes the number of preventative detention orders made during the year; details about the detention of a person under preventative detention; particulars of any complaints made to the Human Rights Commissioner, the Ombudsman or the Public Advocate about a person’s detention; and, whether the Human Rights Commissioner has reported to the Attorney-General under the Human Rights Act 2004. As the Terrorism Act has not been utilised to date, there is no information to report under these sections.

Annexed Reports


ANNEXURE 1

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL ANNUAL REPORT 2011–12

ABOUT THIS REPORT

The ACT Civil and Administrative Tribunal (ACAT) is administered by the ACT Law Courts and Tribunal Administration within the Justice and Community Safety Directorate. Reports on performance, financial management and strategic indicators are reported at Output 3.1 in the JACS Annual Report 2011–12.

This annexed report provides more detailed information about the Tribunal’s case workload and outcomes.

Information about applications received and finalised is provided for the three full years of the Tribunal’s operation.

ABOUT THE TRIBUNAL

ACAT is established under the ACT Civil and Administrative Tribunal Act 2008 (the ACAT Act) and commenced operation in February 2009. ACAT is located on:

Level 4 1 Moore Street CANBERRA ACT 2600

Additional contact information can be found on the Tribunal’s website www.acat.act.gov.au

This report relates to ACAT’s third full year of operation.

ACAT considers and resolves applications lodged by individuals, businesses, Government agencies and occupational regulatory authorities about many different things. The subject matter of applications cover everything from the review of multi-million dollar planning and taxation decisions to the disconnection of essential services. Regardless of the subject matter, each case is of fundamental importance to the participants and often, to sectors within the ACT community. Applications can be made about:

• the review of administrative decisions

• discrimination complaints

• guardianship, financial management and enduring powers of attorney

• mental health treatment and care

• residential tenancies disputes

• energy and water hardship and complaints

• civil disputes valued at under $10,000

• unit titles disputes

• liquor licensing

• compliance with some long service leave obligations

• the discipline and regulation of various occupations including construction occupations, surveyors, architects, security agents, real estate agents, teachers and the health and legal professions.

Different types of cases require different procedural responses to ensure that the objects of the Tribunal’s legislation and the principles by which the Tribunal operates are met. A proactive case management approach is taken to all cases with directions being set and followed up by the Tribunal to minimise delays in progressing cases to resolution.

OBJECTIVES

The objectives of the ACAT legislation are set out in section 6 of the ACAT Act. They are to:

• provide for a wide range of matters to be resolved by the Tribunal

• ensure that access to the Tribunal is simple and inexpensive

• ensure that applications are resolved as quickly as is consistent with achieving justice

• ensure that decisions are fair

• enhance the quality of decision making under legislation

• encourage, and bring about, compliance in decision making under legislation

• encourage Tribunal members to act in a way that promotes the collegiate nature of the Tribunal

• identify and bring to the Attorney-General’s attention systemic problems in relation to the operation of authorising laws.

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


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PRINCIPLES

When it carries out its functions, the Tribunal must ensure that its procedures are as simple, quick, inexpensive and informal as is consistent with achieving justice and observing procedural fairness.

TRIBUNAL MEMBERS

All members are appointed by the Attorney-General. The Tribunal has two full-time presidential members and, since 1 April 2012, a full-time non-presidential member. There are also two part-time presidential members, an acting presidential member and 90 part-time sessional non-presidential members. The acting presidential member is also a part-time sessional member.

The appointments of all part-time non-presidential members expired on 1 February 2012. Members who indicated that they wished to continue their work with the Tribunal were reappointed for a further three year term. Some members who were appointed as ordinary members were reappointed as senior members of the Tribunal. A number of members did not seek re-appointment.

Dr Elizabeth McKenzie, Mr Rod Nichols, Mr John Ashe, Dr Melvyn Bennett and Mr Gil Anderson each made a significant contribution to the work of ACAT, to predecessor tribunals and to the development of the law in their areas of expertise. Their expertise, support and collegiality helped ensure the success of the first three years of the Tribunal’s operation.

New members were appointed following a merits selection process. A call for expressions of interest for new members was published and widely disseminated. Applications were considered by a selection committee constituted by the General President, a Deputy Director-General of the Justice and Community Safety Directorate and Mr Doug Humphreys, Principal Member of the Veterans Review Board. Many applicants were interviewed with reports and recommendations provided to the Attorney-General for his consideration.

Many part-time members have specialised knowledge or experience about the areas in which the Tribunal works. A core group of 30 to 40 people are regularly involved in tribunal work. The core group includes lawyers, psychiatrists, mediators, people with expertise in planning and related matters and a number of people who sit on hearings as members of the community. Community members are used in mental health, guardianship, utilities and occupational discipline matters. All members are paid in accordance with a determination of the ACT Remuneration Tribunal. The current determination is number 6 of 2012.

Part-time members provide an invaluable service to the ACT community. The presidential members and staff of the Tribunal acknowledge their work.

ACAT Members during the period under review were:


Presidential Members

Linda CREBBIN General President

Bill STEFANIAK, RFD Appeal President

Peta SPENDER Part-Time President

Elizabeth Symons Part-Time President (from 1 April 2012)

Christopher CHENOWETH, OAM Acting President

Mary-Therese DANIEL was appointed as a full-time non-presidential member from 1 April 2012.

SENIOR MEMBERS

ANFORTH Allan HATCH Brian

ASHE, John – until 1 February 2012 HERRICK Stephen

BENNETT, Melvyn – until 1 February 2012 LENNARD Jann

BIGINELL Nigel – from 1 April 2012 LOFTUS Brian – from 2 February 2012

BOYLE Alysoun LUNNEY Graeme – from 2 February 2012

CHENOWETH Christopher – from 2 February 2012 MCDONALD Patricia

CORBY Wilhelmena Elizabeth – from 1 April 2012 McKENZIE, Elizabeth – until 1 February 2012

DAVEY Adrian George – from 1 April 2012 MCMICHAEL Donald

DAVID Jennifer NICHOLS, Rodney – until 1 February 2012

DONOHOE Harriet Louise – from 1 April 2012 O’NEIL Allan

DREW Leslie OWEN Cathy – from 2 February 2012

FOLEY Anthony James – from 1 April 2012 SUTHERLAND Peter

GALLOP John – until 1 February 2013 TRICKETT Graeme – from 2 February 2012


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ORDINARY MEMBERS

ANDERSON, Gil – until 1 February 2012 MIDDLEMISS Tom

BEACROFT Laura – from 1 April 2012 MITCHELL Imogen

BELLANTONIO Nino MORRIS Peter

BRADBURY, Kerrie – until 1 February 2012 NEWMARCH Eileen – from 1 April 2012

BURDACK Leonie NOAKES Anthony

BYRNE Donald O’KEEFE Elissa

CHENOWETH Christopher – until 1 February 2012 OWEN Cathy – until 1 February 2012

CONWAY Peter PEARCY William

DAVIES Robyn PROCTER Ann

DEWEY, Peter – until 1 February 2012 PROCTOR Margaret

DONOHOE Harriet Louise – until 31 March 2012 SEXTON Maurice

DONOVAN John SINGER Andrew

FAUNCE Thomas SOO Tuck Meng

GATH Margaret STEEPER Elizabeth

GREAGG Jane SYKES Ian

GREALISH Laurie TAYLOR Jan

HAMILTON Janelle THOMPSON Phillip

HARBISON Scott TOWNSEND Catherine

HARDMAN David TRICKETT Graeme – until 1 February 2012

HIRD Harold VAN ARKEL Abraham

HODGE Margo WALKER Greg

KENNEDY Rosemary WALKER Tom

KLEMPFNER George WALLACE Liisa

KRUEGER Joanne WATCH Ross

LAWLOR Priscilla Katherine May – from 1 April 2012 WEBER Linda

LITTLE Rod – from 1 April 2012 WEDGWOOD Robert

LONG Francis WESTAWAY Joan

LOFTUS Brian – until 1 February 2012 WILLIAMS Athol

LUCAS Dianne WILLIAMS Leanne

LUNNEY Graeme – until 1 February 2012 WRIGHT Graham

MACDONALD Anne

MCINTOSH Angus


MEMBER TRAINING

Members have participated in training about major changes in the law such as the Australian Consumer Law and in discussion groups about the Tribunal’s operations in particular areas such as its residential tenancies and utilities work. Members are regularly advised of new decisions. Five members have completed mediation training.

YEAR AT A GLANCE

The following shows a total of 5,383 new applications:

Discrimination19

Occupational Regulation43

Appeals52

Administrative Review134

E & W Complaints178

Guardianship & Management265

Mental Health*321

E & W Hardship874

Residential Tenancies1,266

Civil Disputes2231

Graph 12: New Applications Received by Subject Matter 2011–12

* This includes applications for ECT


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Table 83: Applications Received and Matters Finalised – Comparison

Applications Received* and Matters Finalised – Year Comparison

09/10 Received

09/10 Finalised

10/11 Received

10/11 Finalised

11/12 Received

11/12 Finalised

Appeals 39 28 43 37 52 60

Administrative Review

83 114 144 138 134 100

Discrimination 9 10 30 17 19 30

Occupational Regulation

26 32 35 36 43 40

Guardianship & Management

276 276 292 292 265 265

Reviews of Guardianship & Management orders

329 329 366 366 428 428

Mental Health 327 327 363 363 305 305

Reviews of Mental Health Orders

760 760 822 822 786 786

Residential Tenancies 1,222 1,245 1,052 1,112 1,266 1269

Civil Disputes 1,770 2,173 1,885 2,396 2,231 2,482

Energy & Water Hardship

1,389 1117 611 1,078 874 990

Reviews of Energy & Water Hardship Orders

1,782 1,782 1,533 1,533 1,122 1,122

Energy & Water Complaints

108 87 175 152 178 190

* This table also shows the number of own motion review hearings conducted in relevant work areas.

Table 84: Resolution of Events

Resolution Events – All Work Areas

2009–10 2010–11 2011–12

Mediation/Preliminary Conferences 887 1,063 1,273

Interim Hearings 336 528 565

Motions Hearing 226 288 309

Substantive Hearings (includes resumed hearing days) 6,763 6,691 6,224


APPEALS AND REFERRALS

The Appeal President is responsible for the discharge of tribunal business relating to referrals and appeals, including the allocation of members to appeal hearings.

A party to an original application, may, for most cases, lodge an application for appeal within the Tribunal on a question of fact or of law, once the Tribunal has decided the original application.

There is no internal appeal process for decisions made under the Heritage Act 2004, the Planning and Development Act 2007 and the Tree Protection Act 2005. Parties in these matters may only appeal to the Supreme Court on a question of law. Three such applications were made to the Supreme Court.

There is an unlimited direct right of appeal to the Supreme Court in relation to decisions made under the Mental Health (Treatment and Care) Act 1994. Two original decisions were appealed to the Supreme Court.

The Tribunal may refer questions of law and original applications or appeals to the Supreme Court. One question of law was referred by an original tribunal.

Consistent with the Tribunal’s focus on early resolution of matters, parties are usually required as a first step to attend a conference where the prospect of settlement is explored. Directions are made to progress the appeal to hearing if settlement is not possible. Some matters require interim hearings to consider issues such as whether the implementation of a decision should be stayed pending the hearing of the appeal. An appeal tribunal is constituted by one or more presidential members or one or more presidential members and one or more non-presidential members.

In the reporting period, 52 applications for appeal were lodged with the Tribunal and 60 applications were finalised. Three applications for appeal were removed to the Supreme Court on the joint application of the parties. One other matter was referred to the Supreme Court by the Appeal President when the parties could not agree where it should be heard.

A number of significant issues were determined in appeals this financial year, with several principles regarding how appeals should proceed. The application of the Human Rights Act 2004 and the principles to be applied in deciding whether to overturn an ex parte decision here enunciated in the case of Thornthwaite and the Commissioner for Social Housing [2012] ACAT 11.

Table 85: Internal Appeals

Internal Appeals 2009–10 2010–11 2011–12

New Applications 39 43 52

Appeals Finalised 28 37 60

Table 86: Type of Appeals

Type of Appeals 2009–10 2010–11 2011–12

Civil Disputes 9 18 11

Residential Tenancies 14 9 22

Occupational Discipline 6 8 5

Administrative Review 7 5 5

Discrimination 2 1 2

Mental Health 0 1 1

Guardianship 1 1 4

Energy and Water 2


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Applications were lodged with the Supreme Court for leave to appeal from four decisions of the appeal tribunal. Leave was refused in three of those matters.

The modest number of appeals each year indicates a general satisfaction with the outcome of the thousands of matters the ACAT handles. Credit should be given to the Tribunal members and staff for this.

ADMINISTRATIVE REVIEW

The ACAT has jurisdiction to review a wide range of administrative decisions. A number of new “reviewable decisions” were added to the Tribunal’s jurisdiction during the year.

The tables that follow show the number and type of applications for administrative review lodged and the number of applications finalised for the last three years.

Table 87: Applications

2008–09 (AAT/ACAT)

2009–10 2010–11 2011–12

New applications 111 83 144 134

Applications Finalised 89 114 134 100

New Application – Type Decisions 2009–10* 2010–11 2011–12

Development Application 26 58 34

Controlled Activity 1 2 5

Change of Use Charge 3 11 5

Concessional Lease 0 1 0

Heritage 5 1 1

Tree Protection 4 2 2

Motor Vehicle Duty 1 14 0

Payroll Tax 2 8 29

Rates 9 10 3

Land Tax / Rent 4 4 12

Stamp Duty 5 2 0

Taxation Miscellaneous 0 1 3

Building Rectification Notice 0 4 2

Freedom of Information 1 7 5

Housing Allocation 5 2 6

Discrimination Exemption 0 1 1

Taxi Licence 2 3 1

Driver’s Licence 2 1 0

Dangerous Dog 0 2 2

Firearm Licence 3 5 5


Children & Young People Act 1 2 2

Education decisions 0 2 0

Animal Welfare Act 0 1 0

Gaming Licence 2 0 0

Motor Vehicle Repairer Licence 1 0 0

Construction site decisions 3 0 5

Outdoor Cafe 1 0 0

Exhumation 1 0 0

Nature Act Licence 1 0 1

First Home Owner’s Grant 1 0 4

Sport 0 0 1

Liquor Licence 0 0 1

Workers Compensation 0 0 1

Work Safety Prohibition 0 0 1

Environment Protection 0 0 2

* figures for 2009–10 include some matters now classified as occupational discipline matters

Mediation is used at an early stage for most applications. Orders requiring parties to attend mediation are made at the same time as orders that set timetables for filing documents and hearing dates in the event that the mediation is not successful. This means that hearing preparation can commence immediately if necessary. Outcomes of mediations are kept

under review. Seventy five mediations were listed with 28 matters being resolved at or after the mediation and before hearing. Even in those matters that are not resolved as a result of mediation, mediation serves a useful purpose by allowing parties an opportunity to gain a better understanding of each other’s case in a confidential setting.

Table 88: Age of Open Files for All Administrative Review Matters as at 30 June 2011

Age of files 0–3 months 3–6 months 6–9 months 9–12 months

12 months+

No of files 18 9 5 7 1

% of files 45% 22.5% 12.5% 17.5% 2.5%

Table 89: Age of Open Files for All Administrative Review Matters as at 30 June 2012

Age of files 0–3 months 3–6 months 6–9 months 9–12 months

12 months+

No of files 28 14 16 11 8

% of files 36.5% 18% 21% 14% 10.5%


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The number of new applications reduced slightly and fewer matters were finalised. This is attributable to a large number of complex revenue matters that are being closely case managed through a series of interlocutory events and interim hearings. Of the 19 matters that have been open for more than 9 months, 14 applications fall into this category. A further two matters concern proceedings that have been referred to the Supreme Court for determination of an issue arising in the matter.

Section 22P of the ACAT Act requires applications made under the Heritage Act 2004, the Planning & Development Act 2007 and the Tree Protection Act 2005 to be decided within 120 days after the date the application is made. The time for deciding the application may be extended by the General President if she is satisfied that the extension is in the interests of justice.

In the year under review the time limit was extended for several applications. In most cases, extensions were granted because parties were unable for a variety of reasons, to comply with the time set for the filing of their documents, or were unable to arrange for witnesses or counsel to be available for the set hearing dates. In many cases parties were required to file brief submissions explaining why an extension was in the interests of justice. The information provided below details matters in which extensions were granted.

• D & M Pelle Holdings Pty Ltd & ACTPLA – AT10/86 – time extended by 195 days. After the application was filed, the National Capital Authority released a Development Control Plan for public consultation which radically altered the planning rules governing the development application. In order to avoid the disruption and wasted costs which would occur if the rules changed during the course of the proceedings, the Tribunal adjourned the matter until the Development Control Plan was finalised with the agreement of the parties.

• John Edquist & Deborah Price, Gap No 2 Pty Ltd, Vanessa Howes & ACTPLA – AT 10/120 & AT10/121 – time extended by 166 days. The timeline was disrupted due to illness of the mediator and the need to reschedule the mediation. The hearing was not completed in the time allocated and a further 2 days had to be scheduled for the hearing. The member

hearing the application required extra time to complete his reasons.

• Nikolaos & Sonya Georgalis & ACTPLA – AT 10/122 – time extended by 78 days due to the complexity of the matter and the need to receive additional submissions from the parties regarding a question of law that arose after the hearing but before the decision was finalised.

• BDH Projects & ACTPLA & ors – AT 11/8 – time extended by 151 days. The Tribunal firstly had to decide whether it had jurisdiction to deal with the application. Two mediation sessions were held and the matter adjourned pending filing of new plans by the developer.

• City Hill Pty Ltd and ACTPLA – AT 11/11 – time extended by 174 days. This application had hearing dates vacated twice as a result of requests for extensions of time by the applicant. Written submissions were requested at the conclusion of the four day hearing. The extension of time was necessary to ensure procedural fairness.

• Eugene & Jolanta Bajkowski and ACTPLA & Ors – AT 11/16 – time extended by 164 days. The matter had a number of joined parties. One of the parties died shortly before the hearing and an adjournment was granted to allow probate to be obtained and to give the estate the opportunity to seek leave to participate in the hearing. The General President was satisfied that procedural fairness required that the Tribunal be given further time to decide the application.

• Griffith/Narrabundah Community Services Inc and ACTPLA & Baptist Community Services – AT 11/17 – time extended by 65 days. Following a request by Baptist Community Services, the Tribunal required the parties to file submissions regarding a possible extension of the s22P period. A further extension was sought when the same party requested that the original hearing dates be vacated. The extension of time was necessary to ensure procedural fairness.

• Leo Perin and ACTPLA– AT 11/51 – time extended by 196 days. The applicant sought an extension of time as he believed his representative and expert had not represented him appropriately with the result that his case was ill prepared and his expert evidence was


unable to be relied on. The extension of time was necessary to ensure procedural fairness.

• The Young Men’s Christian Association of Canberra Inc and ACTPLA & Yarralumla Resident’s Association Inc – AT 11/35 and AT11/59 – time extended by 106 days. This matter was delayed because a second application was filed in respect of a later decision. The Tribunal was satisfied that it was necessary to hear the applications at the same time. The initial hearing date was vacated and rescheduled to allow that to happen. The extension of time was necessary to ensure procedural fairness.

• Amarso Pty Ltd ACTPLA & Townsend & Associates Architects P/L, Redevelopments Pty Ltd, Robyn Coghlan, Halina Zachara – AT 11/62 – time extended by 13 days. The matter involved a large development with multiple participants. Requests were made by the parties for extensions of time to lodge material. Extra hearings days were also required for the hearing.

• Terence Polleycutt and ACTPLA & Ors – AT 11/63 – time extended by 42 days. The applicant requested an extension of time for deciding the application to allow him to file further material. The members originally allocated to the matter were not available and new hearing dates had to be set to accommodate all parties and members.

• Mary-Anne Krnc and Territory and Municipal Services Directorate – AT11/66 – time extended by 66 days. The personal circumstances of the applicant necessitated the rescheduling of the hearing and the preparation of a further expert report. The extension of time was necessary to ensure procedural fairness.

• Jane Goffman, Paul Costigan, Bruce & Barbara Pink and ACTPLA & David Milin, John Holland, Yvonne Hoskins, Fiona McQueenie & David Bohn, Louise Sampson, Laurence Quigg & Pauline Junankar AT11/88. 89 and 90 – time extended by 21 days. This matter involved a large number of applicants. The hearing was finalised just before the summer holiday period. An extension of time was needed to allow members to complete their decision writing.

• Borrowdale House Pty Ltd and ACTPLA – AT 11/93 – time extended by 96 days due to the complexity of the issues. The parties applied for extensions of time to lodge material. Extra hearing days had to be scheduled. The extension of time was necessary to ensure procedural fairness.

• Dowse Norwood and Associates Architects Pty Ltd and ACTPLA – AT11/108 – time extended by 9 days. The applicant and the respondent required extensions of time to file material. Extensive arguments about claims of privilege on subpoenaed documents delayed the original hearing which was vacated and rescheduled at the request of the applicant.

• Hosmer Holdings Pty Ltd, Nicholas Lourandos, Aikaterine Lourandos, James Lourandos, Stavroula Lourandos and Stephania Lourandos and ACTPLA AT11/106 – time extended by 23 days. The parties attended 2 mediation sessions. During this time there was a delay in the filing of the applicant’s facts and contentions and extensive arguments about claims of privilege on subpoenaed documents. The hearing dates were vacated at the request of the applicant pending filing of consent orders.

• Macedonian Orthodox Church Inc and ACTPLA AT11/123 – time extended by 28 days. The matter was delayed because additional time was needed to obtain valuation reports. There were late requests to issue subpoenas before the hearing. The extension of time was necessary to ensure procedural fairness.

• Geoff Reiss and ACTPLA AT11/128 – time extended by 33 days. The hearing was finalised very shortly before the time for determining the application expired. The Tribunal required extra time to prepare its decision.

DISCRIMINATION

The Tribunal hears complaints under the Discrimination Act 1991 referred to it by the Human Rights and Discrimination Commissioner. The Tribunal also registers agreements reached during conciliations conducted by the Commissioner. There is a limited right to make a direct application to the Tribunal.


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Referrals are listed for directions in an informal hearing in the first instance. The presiding member clarifies the identity of the parties to the complaint, the grounds and areas of discrimination covered by the complaint, and considers whether it would be useful to refer the complaint to an alternate dispute resolution process. The complainant is asked to identify the orders he or she wishes the Tribunal to make. Mediation is used regularly.

It is not possible to discern any particular trends in the complaints that come before the Tribunal. The 19 new complaints this year involved 17 complainants. The primary ground of complaint for seven complainants was unlawful discrimination on the ground of race; six were concerned primarily with disability discrimination and four with discrimination on the ground of relationship status or status as a parent or carer.

Most applicants do not have legal representation. While the Tribunal’s processes allow parties to represent themselves, the law relating to discrimination is complex and technical and all parties would benefit from assistance with the preparation of their cases. Of the matters that were finalised this year, eight matters were settled after mediation, four matters were discontinued, 10 were summarily dismissed after the hearing of applications brought under section 32 of the ACAT Act and eight were dismissed after a full hearing.

One complaint is more than 12 months old. This is a complex matter that has been the subject of prolonged negotiations between the parties at their request. It is common for parties to ask the Tribunal to adjourn interlocutory events to allow extended periods for negotiation. The interests of justice are usually served by allowing adjournments if the parties can satisfy the Tribunal that negotiations are progressing

OCCUPATIONAL AND PROFESSIONAL REGULATION

ACAT has jurisdiction to make orders for the regulation and discipline of a number of professions, occupations and licensees including health professionals, legal practitioners, liquor licensees, security guards, real estate agents and various construction occupations. Some applications are made by a regulatory authority seeking orders for the discipline of a licensee or a registered person. Other applications are brought for the review of decisions made by a regulatory authority. The latter applications are classified as occupational regulation cases rather than administrative review matters.

Mediations or confidential conferences are used in many matters to enable the parties to fully explore the issues in dispute in a confidential setting. In those cases in which the parties are able to agree on an appropriate disciplinary outcome, a joint submission is made to the Tribunal so that it may consider all relevant

Table 90: Discrimination Complaints

Discrimination 2008–09 (DT/ACAT)

2009–10 2010–11 2011–12

New Complaints 14 9 30 19

Complaints Completed 16 10 17 30

Table 91: Age of open files for discrimination matters as at 30 June 2011

Age of Files 0–3 months 3–6 months 6–9 months 9–12 months 12 months+

No of Complaints 7 8 0 0 4

Table 92: Age of open files for discrimination matters as at 30 June 2012

Age of Files 0–3 months 3–6 months 6–9 months 9–12 months 12 months+

No of Complaints 2 1 2 5 1


factors before making orders in the terms of the agreement reached. The parties may be required to appear to explain the joint submission and provide further information relevant to the exercise of the Tribunal’s discretion.

The number of cases for each occupational area is small. Some applications require several interlocutory events and hearings of several days while others are completed with a brief hearing. The tables below show the number of applications received and completed by category.

Table 93: Applications Received for Health Professionals as at 30 June 2012

Health Professions 2009–10 2010–11 2011–12


Applications Completed 6 2 4

Table 94: Applications Received for Legal Practitioners as at 30 June 2012

Legal Practitioners 2009–10 2010–11 2011–12



Table 95: Applications Received for the Liquor Licensing Industry as at 30 June 2012Liquor Licensing 2009–10 2010–11 2011–12



Table 96: Applications Received for the Security Industry as at 30 June 2012

Security Industry 2009–10 2010–11 2011–12



Table 97: Applications Received for Construction Occupations as at 30 June 2012

Construction Occupations 2009–10 2010–11 2011–12

New Applications n/a 4 7

Applications Completed n/a 4 7

Table 98: Applications Received for Long Service Leave as at 30 June 2012

Long Service Leave 2009–10 2010–11 2011–12




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Table 99: Applications Received for Miscellaneous as at 30 June 2012

Miscellaneous 2009–10 2010–11 2011–12



Miscellaneous cases concerned three tobacco licensees, two real estate agents, two gaming licensees, three motor vehicle assessors, one motor vehicle dealer and one construction occupation assessor.

GUARDIANSHIP AND MANAGEMENT OF PROPERTY

ACAT determines applications for the appointment of guardians and financial managers for adults with decision-making impairments under the Guardianship and Management of Property Act 1991. Each appointment must be reviewed on the Tribunal’s own initiative at least once in each three year period. In addition applications can be made to review orders for a range of purposes.

The Tribunal also has power to make a range of orders about enduring powers of attorney and about people for whom guardians or managers have been appointed. Orders that can be made include the provision of substitute consent for prescribed medical procedures; emergency orders; orders revoking enduring powers of attorney or removing attorneys; declarations about the interpretation or effect of enduring powers of attorney; declarations about the decision making capacity of a principal; directions to, or advice about, the discharge of the functions of a guardian, manager or attorney; and orders adjusting some transactions.

The Tribunal writes to financial managers each year to remind them of their statutory obligation to submit accounts to the Public Trustee for the ACT for examination. The Public Trustee in turn reports to the Tribunal about the outcome of examinations and about any failure to submit reports. The Tribunal will often review the appointment of a manager who has not complied with the obligation.

This is a protective jurisdiction with a strong inquisitorial process. Tribunal staff gather reports from the Public Advocate of the ACT, the Public Trustee for the ACT and from a range of health professionals and care providers to provide information for hearings.

Applications are processed and listed for hearing within 4 to 6 weeks of receipt. Most matters are finalised on the first listing date. A small number of matters are adjourned to allow further information to be obtained. There is limited capacity for hearings to be held at shorter notice.

The number of applications for emergency appointments has decreased since 2009 as a result of the introduction of legislation allowing the appointment of health attorneys and the reduction in listing time for hearings. The figures shown relate to initial applications for emergency appointment only. It is common for the Tribunal to receive applications for further appointments for each matter.

For the first time, the Tribunal collected data about the conditions affecting people who are the

Table 100: Guardianship and Management of Property Matters Over Time

2008–09 (GT/ACAT)

2009–10 2010–11 2011–12

Applications 257 276 292 265

Own Motion Reviews of Orders 351 329 366 428

Emergency Appointments 87 42 42 52


subject of applications for new orders. The data indicate as follows:

Dementia – 35%

Mental Illness – 32%

Intellectual Disability – 20%

Acquired Brain Injury – 13%

Files in this jurisdiction remain open until the person the subject of the application dies. It is not possible to obtain a report that shows directly the number of applications that are finalised. The nature of the cases however is such that applications are determined in short time frames.

ACAT acknowledges the considerable assistance it receives from staff of the Public Advocate of the ACT and of the Public Trustee of the ACT in this area. The reports provided to the Tribunal are invaluable. The quality of participation in hearings is of the highest standard. Both statutory offices have contributed constructively to the changes made in this area of work and the Tribunal is grateful for their assistance and patience.

MENTAL HEALTH

The Mental Health (Treatment and Care) Act 1994 gives the Tribunal power to determine applications for orders relating to the treatment and care of people who suffer from a mental illness or mental dysfunction. The Tribunal may make psychiatric treatment and community care orders, restriction orders and orders for assessment. The Tribunal considers applications for the release of people involuntarily detained, for the extension of emergency detention,

and for orders authorising the administration of electro-convulsive therapy. The Tribunal reviews most of the orders that it makes on its own motion.

In addition, the Tribunal considers matters referred to it by the courts. The Tribunal may determine whether a person charged with a criminal offence has a mental impairment, make a mental health order or review whether an offender with a mental impairment should be detained or released with or without conditions.

Procedures in this area are largely determined by the authorising law which sets tight time frames and statutory obligations that govern workflow. The Tribunal sits at The Canberra Hospital each Monday afternoon and Thursday morning and at the Tribunal’s own premises each Thursday afternoon. In this year, the Tribunal also sat at the Older Persons Mental Health Unit at Calvary Hospital on a few occasions. Many referrals relating to offenders were dealt with at the Magistrates Court because the Tribunal does not have an on-site custodial facility.

The volume of work decreased slightly this year with an increase in notifications leading to the revocation of orders and a decrease in both applications for authorisation to extend emergency detention and for on-going treatment orders. The Tribunal does not know the cause of the reduction in applications for involuntary orders. Whether it relates to a decrease in the number of people requiring treatment, or an increase in the numbers of voluntary patients the decrease in the incidence of involuntary treatment is welcome.

Table 101: Mental Health Matters Over Time

Mental Health 2009–10 2010–11 2011–12

Applications for Mental Health Orders 302 343 305

Applications for Extension of Emergency Detention 203 274 225

Forensic Referrals 66 29 52

Applications for ECT 25 20 16

Reviews of Orders 760 822 786

Requests for Revocation 21 121 151


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Files in this jurisdiction remain open unless the person who is the subject of the application dies. It is difficult to obtain a report on the number of matters that are finalised as distinct from reports on the number of orders made. The statutory time frames, however, ensure that all applications are considered and determined quickly.

The Tribunal’s ability to meet its statutory obligations and objectives is greatly assisted by the work of ACT Health’s Tribunal Liaison Officer, the duty lawyer service operated by Legal Aid ACT and the work of the Public Advocate of the ACT. These services are vital for ensuring procedural fairness for people who are the subject of applications and reviews. ACAT acknowledges their important contribution and their on-going commitment to this work.

RESIDENTIAL TENANCIES DISPUTES

ACAT has jurisdiction under the Residential Tenancies Act 1997 to hear and determine disputes arising from private and public tenancies and occupancy agreements.

The Tribunal also considers applications for endorsement of inconsistent terms of tenancy agreements and lists negotiation conferences for matters referred from the Office of Rental Bonds. The number of applications for endorsement has dropped considerably as a result of the Tribunal’s

promotion of its decisions relating to the circumstances in which endorsement is required.

Few tenants obtain representation for hearings. Tribunal members often express concern about the lack of participation in, or preparation for, hearings. The Tribunal believes that there is a need for an on-site duty lawyer service for tenants who are responding to applications for termination of their tenancy agreement or for the issue of a warrant for eviction.

Two meetings were held with stakeholders during the year to go through any issues of concern. These meetings have facilitated productive discussions between the Tribunal and groups such as the Tenants Union, Welfare Rights, the Real Estate Institute and ACT Housing in providing an improved service to all.

CIVIL DISPUTES AND UNIT TITLES DISPUTES

The Tribunal can hear applications relating to civil disputes about contracts, damages, debt, goods, nuisance, trespass, debt declarations, common boundaries (fences) and other matters that are stated to be civil dispute applications in an authorising law. The Tribunal may determine disputes for amounts of $10,000 or less. Parties can consent to the Tribunal dealing with an application for a sum greater than $10,000.

Table 102: Residential Tenancies Applications Over Time

Residential Tenancies 2009–10 2010–11 2011–12

New applications 1222 1052 1266

Applications completed 1245 1112 1269

Endorsement applications 540 395 392

Endorsement applications completed 518 376 372

Table 103: Civil Applications Over Time

Civil Dispute Applications 2009–10 2010–11 2011–12

New Applications* 1756 1826 2231

Common Boundaries Applications 9 32 27

Unit Titles Applications 5 27 48

Applications finalised 2173 2396 2482

* Applications to re-list matters or to set aside default judgements are not recorded as new applications.


Most civil applications are resolved at preliminary conferences before hearing. Listings have focussed on ensuring that both conferences and hearings are listed with minimal delay. Preliminary conferences are usually held within 3 weeks of receipt of a response document. Hearings are listed within four to six weeks of an unsuccessful conference. Parties often request that their hearings are delayed to accommodate their need to prepare and to meet personal commitments.

In 2010–2011 the Tribunal undertook an exercise to review open files and found a number of files that were finalised but not correctly recorded as such on the database. This lead to an increase in the number of applications recorded as finalised for that reporting year. It has come to our attention that an administrative process used when tribunal orders are enforced in the Magistrates Court, may result in some files being finalised twice – once when the Tribunal has completed its dealing with the application and again, 12 months after the filing of an order for enforcement in the Magistrates Court. The problem is still under investigation, but may have artificially added up to 90 cases to the list of finalised applications in this reporting period. The processing step that appears to have caused the double counting is no longer used.

The Unit Titles Act 2001 empowers the Tribunal to hear a range of applications about unit titles holdings. There was a noticeable increase in applications during the course of the year. The Tribunal responded to the increase by establishing a separate list and case management process in March 2012 so that the applications could be more closely managed. Unit titles applications are often complex and can include many parties. As case numbers grew, it became apparent that the standard approach used for civil disputes was not always effective for unit titles matters. Applications are now listed for directions in the first instance so that a member can identify the issues in dispute any additional parties that need to be joined and determine the best procedure for dealing with the particular case. Some matters lend themselves to early mediation, while others require interim determinations and quick hearings. The new process allows for the use of a procedure that is more responsive to the needs of the individual case.

ENERGY AND WATER

ACAT exercises jurisdiction under the Utilities Act 2000. ACAT determines applications for hardship assistance for energy and water customers who cannot afford to pay their bills and are facing disconnection or restriction of supply. ACAT also investigates and determines complaints made by customers and consumers against energy and water utilities licensed in the ACT including complaints about the Feed-in Tariff.

The sharp decrease in new applications in 2009–10 that was due largely to the commencement of ActewAGL’s in-house hardship program for electricity and water customers has proved to be a one-off effect which was unsustainable with numbers gradually increasing during 2011–12. It is anticipated that new application numbers will continue to increase, particularly as the impact of the large electricity tariff increase on 1 July 2012 is felt.

The Tribunal continued to use its power to discharge utility debt under s 180 of the Utilities Act to alleviate the circumstances of individual applicants facing particularly severe hardship (special circumstances), to address the inability of certain applicants to meet even their on-going utility consumption (less than usage waiver) and to encourage applicants to pay off their utility debts over time (incentive and debt horizon waiver). It is anticipated that the large increase in energy prices on 1 July 2012 will lead to increased debt waivers in 2012–13.

HARDSHIP APPLICATIONS

On receipt of an application, an initial hearing is held in which members consider the financial circumstances, utility usage and needs of the applicant. Orders are made requiring regular payments of amounts sufficient to reasonably manage debt as well as ongoing usage costs. Hardship applications are then case-managed for so long as the applicant remains under threat of disconnection due to non-payment. Following the initial hearing, orders are reviewed by a Deputy Registrar and staff, at three or six month intervals according to the client’s circumstances, payment record and any other case-management directives issued by the Tribunal. Staff may refer cases to members for further hearing or prepare


SECTION C

revocation orders or orders discharging debt for consideration by a Senior or Presiding Member.

NEW APPLICATIONS

The sharp decrease in new applications in 2009–10 that was due largely to the commencement of ActewAGL’s in-house hardship program for electricity and water customers has proved unsustainable with numbers gradually increasing during 2011–12. It is anticipated that new application numbers will continue to increase, particularly as the impact of the large electricity tariff increase on 1 July 2012 is felt.

HOME VISITS

A home visit is offered to clients who have mobility issues – physical, psychological or age related. Typically a Senior Member undertakes these visits accompanied by a registry staff member. After the initial home visit, reviews are often conducted by telephone. During 2011–12, 49 home visits were made.

REVIEW OF ORDERS

In 2011–12, 5656 orders were reviewed by staff and 1122 orders were listed for a review hearing before members. Staff initiated the preparation of 892 debt discharge orders and 798 revocation orders for consideration by a Senior or Presiding Member. An additional 28 debt discharge orders

and 192 revocation orders were made by a Senior or Presiding Member at hearing.

NON HARDSHIP COMPLAINTS

The number of complaint applications in 2011–12 remained at a level similar to that seen in 2010–11, ending the pattern in previous years of an annual increase in complaints. Complaints about ActewAGL Retail (Electricity and Gas) decreased by around 15% from 2010–11, but the number of complaints against ACTEW Corporation almost doubled.

The most notable change was the number of complaints about TRUenergy, which increased by 300% from the previous year. This increase was due to a widespread systemic issue affecting TRUenergy’s billing system, exacerbated by the necessity to manually calculate solar feed-in credits and consequent delays in billing.

In December 2010, the Tribunal implemented a referral process with TRUenergy, EnergyAustralia, and the gas arm of ActewAGL Retail. Complaints can now be referred back to senior employees of the utilities. This process is referred to as a “referral to higher level” or “RHL” and is used by energy ombudsmen in other jurisdictions. In 2011–2012 the Tribunal referred 36 complaints back to utilities; 33 of these complaints were resolved through the referral process, and

Table 104: Energy and Water Hardship Complaints Over Time

Energy & Water – Hardship 2008–09

(ESCC/ACAT)

2009–10 2010–11 2011–12

New Applications 1090 1389 685 874

Reconnection Orders 140 286 101 179

Initial Hearings 1296 1614 770 988

Discharge Orders 1121 915 1035 920

Home Visits 52 27 44 49

Staff Reviews n/a 7088 7313 5656

Review Hearings 1827 1791 1533 1122

Applications completed 1143 1117 1078 990


Three complaints were returned to the Tribunal with no resolution.

The majority of complaints received in 2011 12 relate to concerns about billing. 44% of the complaints received by the Tribunal involved a billing issue, and 24% involved issues around credit. The most noticeable difference from 2010–11 to 2011–12 is the decrease in complaints relating to customer service – only 7% of complaints involved a customer service issue, compared with 24% in the previous year.

During 2011–2012 the Tribunal received six complaint applications regarding the feed-in-tariff. This was slightly down on the previous financial year. The majority of the complaints were related to either TRUenergy’s manual billing of solar customers which resulted in substantial billing delays; or the provision of incorrect tariff information by TRUenergy. The complaints involving TRUenergy were resolved through the RHL process, conciliation or by Tribunal hearing. All six complaint applications lodged during

the financial year concerning the feed-in-tariff were closed.

As in previous years, the majority of complaints received by the Tribunal were resolved in the early stages of dispute resolution. The Tribunal notifies the utility of the complaint and requests a written response. Once the response is received, a process of conciliation occurs. If early resolution is not possible or appropriate, the complaint is referred for a directions hearing. Directions are made for the filing of documents or further information and a formal hearing is listed. Out of the 190 complaint cases finalised during 2011–12, only 12 were referred to the hearing process.

It is always helpful for the utility to provide a response to complaints swiftly, to assist in facilitating an early resolution to the dispute. In the previous financial year it was necessary for the Tribunal to raise concerns about tardy response times with ActewAGL. During the 2011-12 financial year the Tribunal noticed a marked improvement in response times from ActewAGL

Table 105: Energy and Water Non-Hardship Complaints Over Time

Energy & Water – Complaints 2008–09 (ESCC/ACAT)

2009–10 2010–11 2011–12

New Applications 73 108 175 178

Applications completed 69 87* 152 190

*the data published in the 2009–10 report for this figure was incorrect

Table 106: Energy and Water Non-Hardship Complaints by Utility Over Time

Energy & Water – Complaints by Utility 2010–11 2011–12

ActewAGL Retail – (Electricity & Other) 39 31

ActewAGL Retail – (Gas) 93 80

ACTEW Corporation (Water) 12 23

ActewAGL Distribution 11 6

TRUenergy 10 30

Energy Australia 9 8

Country Energy 1 0

TOTAL 175 178


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Table 107: Complaints by Issue Over Time

2010–2011 2011–2012

Number of issues % of total Number of issues % of total

BILLING 122 40 149 44

high & disputed 65 22 81 24

fees & charges 8 3 11 3

responsibility for account 29 10 36 11

tariffs 4 1 2 1

other issue 13 4 19 6

CREDIT 62 21 80 24

disconnection & restriction 14 5 15 4

disputed arrears 4 1 7 2

debt collection 19 6 12 4

payment difficulties 8 3 12 4

payment issues 15 5 32 9

other issue 1 0 2 1

CUSTOMER SERVICE 73 24 25 7

poor attitude / service 34 11 7 2

failure to inform / respond 18 6 16 5

incorrect advice 18 6 0 0

privacy breach 2 1 0 0

other issue 1 0 2 1

MARKETING 9 3 6 2

marketers conduct 0 0 1 0

incorrect / misleading information 0 0 0 0

contracts & cooling off periods 2 1 3 1

bundling 7 2 1 0

other issue 0 0 1 0

PROVISION 13 4 15 4

new or existing connection 3 1 5 1

capital contribution 1 0 1 0

meters 9 3 9 3

other issue 0 0 0 0


and ACTEW Corporation when compared with the previous financial year.

The response times for ActewAGL Electricity Retail and ACTEW Corporation complaints dropped from an average of 28 days in 2010-11 to an average of 22 days in 2011–12. Response times from ActewAGL Gas Retail also improved significantly, with 90% of complaints in 2011–12 receiving a response within 28 days from notification. It is also noteworthy that EnergyAustralia responded to all complaint notifications in 2011–12 within 28 days.

The Tribunal will continue to monitor response times from utility companies in order to maintain an efficient resolution process.

On 1 July 2012, the National Energy Retail Framework commenced to operate in the ACT, with the Tribunal being recognised as the jurisdictional energy ombudsman scheme in the ACT, and the regulatory framework for energy utilities being transferred from the Independent Competition and Regulatory Commission (ICRC) to the Australian Energy Regulator. The Tribunal acknowledges the productive working relationship it has enjoyed with the ICRC and notes that this relationship will continue in respect of water, sewerage and feed in tariff complaints.

2010–2011 2011–2012

Number of issues % of total Number of issues % of total

SUPPLY 5 2 5 1

quality of supply 0 0 0 0

damage/loss 2 1 1 0

outages 1 0 3 1

other issue 2 1 1 0

LAND 5 2 17 5

impact of network assets 0 0 7 2

maintenance & property damage 3 1 7 2

environment / trees 1 0 1 0

other issue 1 0 2 1

TRANSFER 5 2 9 3

account errors 0 0 0 0

delay in transfer 1 0 2 1

site ownership 2 1 6 2

other issues 2 1 1 0

GENERAL 8 3 31 9

not energy & water 0 0 16 5

feed-in-tariff 8 3 13 4

other 0 0 2 1

TOTAL 302 100 337 100


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SUBMISSIONS

The Tribunal is often asked to comment on matters relating to energy and water pricing and use. Comments were provided to the ICRC in relation to retail prices for non-contestable electricity customers and franchise customers and the regulation of water and sewerage services for 2013–18. Information and comments were provided on several occasions in preparation for the implementation of the National Consumer Energy Framework.

SYSTEMIC ISSUES

The Attorney-General and his Directorate were advised of a small number of amendments that could usefully be made to several authorising laws. Comments were made on many proposed reforms and extensions to the Tribunal’s areas of work. The Tribunal is working closely with the advisory committee considering the review of mental health legislation.

OTHER THINGS OF INTEREST

During the year, a staff member reviewed processes in each work area to identify tasks that could be undertaken more efficiently and accurately with the assistance of a document generation program. New document templates were established for processes in most work areas. The Tribunal looks forward to the implementation of the new integrated case management system which will further enhance efficiency. The Tribunal expanded its engagement with law students at both universities by offering internships, identifying research projects and arranging for members to give lectures. There is almost always a student on-site. Their presence encourages a culture of learning within the Tribunal and expands the knowledge base of young lawyers about the work of the Tribunal. Their contribution is gratefully acknowledged.

IN PROSPECT – REVIEW OF PROCEDURES AND NEW WORK

The Tribunal’s review of procedures is continuing. It is anticipated that revised rules will be introduce during the 2012–13 year and that further work will be done to enhance the usefulness of the Tribunal’s website.

Significant changes to several laws commence in 2012–13. The National Energy Retail Law commenced in the ACT on 1 July 2012. This introduces many changes to the Tribunal’s role as the ACT Energy Ombudsman with a new consumer protection framework and enhanced dispute resolution processes. The Tribunal will work with the Australian Energy Regulator (the AER) as the market retail regulator for the ACT. A Memorandum of Understanding was entered into with the AER and the Australian Competition and Consumer Commission on 11 January 2012 for a period of two years. We anticipate that the new framework, increased community focus on energy and water use and increasing retail prices will lead to a significant increase in hardship applications and non-hardship complaints.

Several new authorising laws provide the Tribunal with powers relating to occupational regulation, including the expansion of the categories of registered health professions, the Working with Vulnerable People (Background Checking) Act 2011 and significant amendments to the Security Industry Act 2003. Meetings have been held with the responsible regulatory authorities to plan for the new work these changes are likely to generate.

Finally, the ACAT would like to thank our hard working staff for their efforts all year, the ongoing support from our colleagues in the Courts, the continued support of other Directorate staff and the assistance and support of the various organisations which are involved with the daily work of the Tribunal.

Linda Crebbin General President July 2012


ANNEXURE 2

SENTENCE ADMINISTRATION BOARD ANNUAL REPORT 2011–12

Mr Simon Corbell MLA Attorney-General ACT Legislative Assembly GPO Box 1020 CANBERRA ACT 2601

Dear Mr Corbell

This report has been prepared under section 6(1) of the Annual Reports (Government Agencies) Act 2004 and in accordance with the requirements referred to in the Chief Minister’s Annual Report Directions. It has been prepared in conformity with other legislation applicable to the preparation of the Annual Report by the Sentence Administration Board.

I hereby certify that the attached Annual Report is an honest and accurate account and that all material information on the operations of the Sentence Administration Board during the period of 1 July 2011 to 30 June 2012 has been included and that it complies with the Chief Minister’s Annual Report Directions.

I also hereby certify that fraud prevention has been managed in accordance with Public Sector Management Standard 2, Part 2.4.

Section 13 of the Annual Reports (Government Agencies) Act 2004 requires that you cause a copy of the Report to be laid before the Legislative Assembly within three months of the end of the financial year.

Yours sincerely

Grahame Delaney

Chair

Sentence Administration Board

of the Australian Capital Territory

5 August 2012


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SENTENCE ADMINISTRATION BOARD ANNUAL REPORT 2011–2012

ANNUAL REPORT 2011–2012

OVERVIEW

There was a significant increase in the work of the Sentence Administration Board during the 2011–12 year. The statistics of the board’s work are set out in the body of the report. They show, for example, that the board conducted 82 parole hearings (up from 55 hearings in the previous year) and dealt with 1,974 inquiries and hearings for periodic detention issues (up from 1,226 the previous year.) The increase in workload required the Secretariat to schedule additional hearing days during the year and for some of those hearing days to bring forward the starting time for board meetings from 1 pm to 9 am. Recently, the board has set a regular starting time of 11am so that it has sufficient time to deal with the matters coming before it in a considered and appropriate manner.

With the appointments made during the year under review, the board has been able to operate regularly by way of two divisions sitting in alternate weeks.

A number of amendments were made to the Sentence (Administration) Act (‘the Act’) in 2011. These amendments have clarified and improved aspects of the law applied by the board. The board is appreciative of the assistance of the Justice and Community Services Directorate and the Government Solicitor’s Office in advising on and formulating the amendments. Consideration is being given to additional amendments suggested by the board with a view to further improving relevant provisions of the Act.

Work is continuing on moving from paper-based to electronic files and it is anticipated that this project should be substantially completed during 2012–2013.

ESTABLISHMENT OF THE BOARD

As of 2 June 2006, the board has been established under s171 of the CSA Act. Prior to 2 June 2006, the board was established under section 65 of the Rehabilitation of Offenders (Interim) Act 2001.

FUNCTIONS OF THE BOARD

The board’s functions under s172 of the CSA Act are to:

• decide the consequences of sentenced offenders failing to comply with their obligations under periodic detention orders

• review Director-General decisions about performing periodic detention;

• review offenders’ periodic detention

• consider the release of sentenced offenders during a non parole period set by the sentencing court;

• decide additional conditions of parole orders

• review offenders’ parole;

• decide the consequences of sentenced offenders failing to comply with their obligations under parole orders

• on request, provide a recommendation to the Attorney-General in relation to applications for release on licence

• review offenders’ licences

• decide the consequences of sentenced offenders failing to comply with their obligations under a licence, and


• exercise any other function given to the board under the CSA Act or any other territory law.

MEMBERSHIP OF THE BOARD

Under s174 of the CSA Act, the board must consist of a chair, at least one deputy chair and not more than two deputy chairs or eight other members. The minister appoints members for a period not exceeding three years.

The chair and deputy chairs are judicial members. Qualification for judicial membership, as outlined under s174 (8) of the CSA Act, is limited to a person who is a judge or retired judge, a magistrate or a retired magistrate, or a person qualified to be appointed as a judge.

Membership of the board during 2011–12:

Chair Mr Grahame Delaney

Deputy Chairperson Mr Michael Chilcott

Members Ms Jilpia Jones ACT Policing representative Senior Manager Community Corrections (from 1 August 2011)

Ms Penny Morton (from January 2012) Ms Debbie Wauchop (from January 2012) Mr Derek Jory (from January 2012) Ms Rosemary Follet (term expired 6 July 2011)

When exercising its supervisory powers under the CSA Act, the board is required to sit in divisions consisting of a judicial member and two non judicial members.

MEETINGS OF THE BOARD

The board met on 59 occasions during the 2011–12 financial year. Of the 59 meetings held by the board, 10 meetings were Full Board Meetings or liaison meetings between the board’s Judicial Members and the staff of the Secretariat.

During the 2011–12 financial year, the board considered 2,521 matters compared with 1,684 in the 2010–11 financial year. Of the 2,521 matters, 1,974 related to the management or breach of periodic detention orders, 547 related to release, management or breach of parole and no matters related to a review of a release on licence.

The board currently holds weekly meetings in a hearing room in the ACT Magistrates Court. Due to the nature of its work, the board requires access to meeting facilities that provide for:

• the safe management of offenders, including those who are in custody and those who may be taken into custody;

• a safe and appropriate setting for members and staff; and

• the recording of hearings in order that transcripts be available to meet statutory requirements.

A reliable venue is essential for the board’s operations. The board greatly appreciates the facilities provided for its work by the ACT Magistrates Court.


SECTION C

REVIEW OF THE YEAR

Parole

When an ACT court imposes a custodial sentence of 12 months or more, it is obliged to set a non-parole period under s65 of the CSA Act, unless there is a reason for not doing so. The non-parole period identifies the part of the sentence that must be served by way of imprisonment.

The board considers release on parole to be an integral part of the process of an offender’s reintegration into community life. The need for offenders to have appropriate post-release plans, including an adequate case management plan, supported by appropriate services, accommodation and supervision and is acknowledged by the board. In reaching its decisions, the board assesses an offender’s suitability for release, their post-release plans and conditions of parole orders.

Under the CSA Act, ACT prisoners are required to submit a written application for release on parole before the board is able to consider their release. This system of offenders having to apply for parole is a change from the method of considering parole under the Rehabilitation of Offenders (Interim) Act 2001 (repealed), the CSA Act’s predecessor, where the board considered every ACT prisoner approaching their non parole period date, and prisoners who had previously had a parole order cancelled, for release on parole at least every 12 months.

Under the CSA Act, the board endeavours to consider applications for parole prior to the offender’s eligibility date if the application is received within sufficient time to obtain the necessary reports. The earliest eligibility date is the expiry of the non parole period. If the board does not make a parole order after the initial consideration, the offender is given the opportunity to make a written submission to the board and/or attend and make oral submissions at a parole hearing. The board then makes a final decision about release on parole.

On occasions, there are difficulties in timely consideration of parole applications due to delayed applications or the short period between a court sentencing decision and the end of the non parole period. In particular, where some sentences are backdated there is a reduced opportunity to make an informed assessment as to parole.

During 2011–12, the board received 122 applications for parole from offenders1 , five applications for parole were rejected pursuant to s122 (2)(a) of the CSA Act.

Parole orders made

In 2011–12, the board considered 547 matters relating to the release, management or breach of parole. This is compared to 458 in the previous year 2.

The board made a total of 70 parole orders and refused parole on 21 occasions, 29 of the parole orders were made without the board needing to proceed to a parole hearing and 41 parole orders were made after the offender was given the opportunity to appear before the board.

1 Any one offender could be included more than once in this total.2 Any one offender could be included more than once in this total.


Graph 13: Parole Applications for 2011–12

0

50

100

150

Parole Orders RefusedParole Orders MadeParole Applications

The board conducted 82 parole hearings in 2011-12. On 41 occasions, the board made a parole order following the offender’s attendance at the hearing. The board refused to make an order following a hearing on 20 occasions and on one occasion refused to make an order at an inquiry.

Table 108: Parole Orders Made, Hearings, Orders Refused Over Time

2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12

Parole hearings3 31 13 24 18 33 55 82

Total Parole orders made

51 56 56 42 57 53 70

Total orders refused 9 5 2 6 16 10 21

3 The number of notices of parole hearing issued and parole hearing conducted does not correlate as not all hearings are conducted in the same financial year as the notice is issued.

Graph 14: Parole Orders Made, Hearings, Orders Refused Over Time

0

20

40

60

80

100

2011-122010-112009-102008-092007-082006-072005-06

Porole hearingsParole orders made Orders refused


SECTION C

Breaches of parole order conditions

Under s143 of the CSA Act, corrections officers have an obligation to report all suspected breaches of parole conditions to the board. Under s144 of the CSA Act, a police officer may arrest a parolee without a warrant and bring the parolee before the board if the officer has reasonable grounds to believe that the parolee has breached their parole obligations.

If a breach of the offender’s parole conditions is proved the board may, pursuant to s148, do one or more of the following:

• take no further action;

• give the offender a warning about the need to comply with the offender’s parole obligations;

• give the Director-General directions about the offender’s supervision;

• change the offender’s parole obligations by imposing or amending an additional condition of the parole order; or

• cancel the offender’s parole order.

In accordance with s160 of the CSA Act, if a parole order is cancelled, the offender is not credited with any time already served in the community.

In 2011–12, the board considered 103 matters relating to parole breaches and management, compared to 70 matters in the previous financial year. This year 34 parole orders were cancelled, 1 at inquiry, 18 at hearing and 15 at management under s156 (3)(a) of CSA

Table 109: Outcomes of Breach Matters Over Time

2005–06 2006–07 2007–08 2008–09 2009–10 2010–11 2011–12

Parole orders cancelled 17 36 14 10 10 22 34

Formal warnings 41 15 30 17 35 18 16

Parole conditions varied 11 3 4 3 0 2 1

GRAPH 15: OUTCOMES OF BREACH MATTERS OVER TIME

0

10

20

30

40

50

2011-122010-112009-102008-092007-082006-072005-06

Formal warningsParole orders cancelled Parole conditions varied


PERIODIC DETENTION

The CSA Act requires that corrections officers must report any breaches of an offender’s periodic detention obligations to the board.

Under s59 of the CSA Act, the Director-General must apply to the board for an inquiry under s66 if s58 of the CSA Act applies to an offender for a second or subsequent detention period of the offender’s period detention period. Section 58 relates to the offender failing to perform periodic detention.

If, after conducting an inquiry under s66 of the CSA Act, the board decides that the offender has breached any of their periodic detention obligations, the board may do one or more of the following:


• give the offender a warning about the need to comply with the offender’s periodic detention obligations;


• change the offender’s periodic detention obligations by imposing or amending an additional condition of the offender’s periodic detention;

• suspend the offender’s periodic detention for a stated period, but not past the end of the offender’s periodic detention period; or

• cancel the offender’s periodic detention.

If at the inquiry, the board decides that s58 of the CSA Act applies in relation to two or more detention periods, the board must cancel the offender’s periodic detention in accordance with s69 of the CSA Act.

Under s71 of the CSA Act the board may, by an inquiry, review any of the following decisions of the

Director-General:

• not to give an approval under s55 (Approval not to perform);

• to give a direction under s58 (Failing to perform periodic detention – extension of periodic detention period); and

• to give a direction under s60 (Offender not fit for periodic detention – extension of periodic detention period).

The board may review the decision only on application by the offender. After reviewing the Director-General’s decision, the board may do any of the following:

• confirm the Director-General’s decision;

• amend the Director-General’s decision; or

• set the Director-General’s decision aside and make any decision the Director-General could have made in relation to the offender.

Under s73 of the CSA Act the board may, at any time, conduct an inquiry to review an offender’s periodic detention. Without limiting the review, the board may conduct an inquiry to consider whether periodic detention is, or would be, suitable for the offender. The board may conduct the inquiry on its own initiative or on application by the offender or Director-General.

On 1 August 2007 the CSA Act was amended, resulting in the board being given additional powers that it can exercise after conducting an inquiry under s73 of the CSA Act. The board can now do one or more of the following:

4 Any one offender could be included more than once in this total.


SECTION C



• change the offender’s periodic detention obligations by imposing an additional condition on, or amending a condition of, the offender’s periodic detention;

• give the offender approval not to perform periodic detention for up to 8 detention periods if satisfied that it is appropriate having regard to the offender’s health or any exceptional circumstances;

• if subsection (4) applies - cancel the offender’s periodic detention;

• if subsection (5) applies - refer the offender to the offender’s sentencing court to be dealt with under section 82A (Re-sentencing offender etc-referral to court).

Subsection 4 applies if the board decides that the periodic detention should be cancelled on the offender’s application or that periodic detention is, or would be, no longer suitable for the offender.

Subsection 5 applies if the board decides that the offender is, for any reason unlikely to be able to serve the reminder of the offender’s periodic detention period by periodic detention, having regard particularly to:

1. the offender’s health; and

2. any exceptional circumstances affecting the offender.

In 2011–12, the board considered 1974 matters relating to periodic detention4. This is compared to 1226 matters in the previous year.

The board conducted 539 breach inquiries under s66 and a further 153 breach hearings under s73 of CSA.

The board conducted 502 management inquiries under s73 and 140 management hearings. This resulted in 21 periodic detention orders being cancelled, two of which were cancelled under s70 and 46 formal warnings were given under s68 of CSA. A total of seven matters were remitted back to the sentencing court to be dealt with under 82A of CSA. A further 85 matters were granted approval not to perform under s75 of CSA.

Table 110: Outcomes Of Section 66 Inquiries Into Breach Of Periodic Detention Obligations Over Time

2006–07 2007–08 2008–09 2009–10 2010–11 2011–12

Periodic detention orders cancelled at hearing 22 28 16 4 13 17

Formal warnings 25 24 63 70 62 46

Directions to the Director-General 27 3 0 0 0 0


Graph 16: Outcomes if Section 66 Inquiries Into Breach of Periodic Detention Obligations Over Time

0

20

40

60

80

100

2011-122010-112009-102008-092007-082006-072005-06

Formal warningsOrders cancelled Directons to Director General

The board conducted 502 inquiries under s73 of the CSA Act. It should be noted that the majority of considerations held under s73 of the Act were board initiated. These inquiries resulted in, no directions to the Director-General, 172 decisions to take no further action, seven decisions to remit the offender to the sentencing court, 85 decisions to grant approval not to perform. A total 140 hearings were conducted as part of the inquiry process5.

Table 111: Outcomes of Section 73 Inquiries Into Management of Periodic Detention

2007–08 2008–09 2009–10 2010–11 2011–12

No Further Action 28 112 80 155 172

Directions to the Director-General 6 1 0 0 0

Approval not to Perform 32 37 22 34 85

Remitted to Sentencing Court 11 5 2 9 7

Automatic cancellations

Section 70 of the CSA Act requires the board to cancel an offender’s periodic detention order if the board decides that, since an offender was sentenced to serve periodic detention, the offender has been convicted or found guilty of an offence against a territory law, or a law of the Commonwealth, a state or another territory that is punishable by imprisonment; or an offence outside Australia, that, if it had been committed in Australia would be punishable by imprisonment.

5 Any one offender could be included more than once in these totals and note that the board may make more than one decision at hearing.


SECTION C

Table 112: Periodic Detention Orders Cancelled Due to Conviction For Further Offence Whilst Serving Periodic

2007–08 2008–09 2009–10 2010–11 2011–12

Automatic Cancellations 3 2 6 1 1

REVIEW OF RELEASE ON LICENCE

During 2011–12, the board conducted no reviews under s306 of the CSA Act, in relation to an offender’s release on licence.

VICTIMS’ ISSUES AND CONTACT

The Victim Liaison Officer within ACT Corrective Services assists the board in performing its functions under Chapter 7 and 13 of the CSA Act by establishing contact with victims of offenders being considered for release to parole or licence.

The Victim Liaison Officer informs victims of the role of the board, ensures that registered victims are advised of matters relating to the offender’s possible release, and provides victims with assistance in the preparation of written submissions.

Victim Submissions to the board

The Act provides victims with an opportunity to express any concerns they, or their family, have regarding an offender’s possible release on parole or licence. The Act also allows a person to provide a submission to the board on behalf of a victim. Providing a submission to the board is voluntary.

Release to parole

For the period 1 July 2011 – 30 June 2012, 254 victims were contacted and invited to make submissions to the board regarding an offender’s release to parole, this is an increase of 161 victims contacted. Of these, 224 were non-registered victims and 30 were registered victims.

The board received 13 submissions in relation to an offender’s release to parole. Of these, one submission was provided by non-registered victims and 10 from registered victims. Additionally, two submissions were provided on behalf of victims, by individuals, government or non –government agencies, expressing concern about the need for the victim, or the victim’s family, to be protected from violence or harassment by the offender.

After considering these submissions, or a recommendation from the Victim Liaison Officer, the board imposed additional conditions on 28 parole orders made.

Table 113: Victim Contact – Release to Parole

Number of Victims Contacted/Invited to Make Submissions

Registered Victims Non-Registered Victims

254 30 (12%) 224 (88%)


Table 114: Victim Submissions – Release to Parole

Victim Submissions Considered by the Board

Submissions made by Registered Victims

Submissions Made by Non-Registered Victims

Submissions Made on Behalf of Victims

13 10 (77%) 1 (7.5%) 2 (15.5%)

Release on Licence

During the reporting period, no victims were contacted regarding an offender’s possible release on licence

ACKNOWLEDGMENTS

The board heavily relies on the support services provided to it by the secretariat and the Sentence Administration Section of ACT Corrective Services. The board wishes to thank the Secretary and the Assistant Secretary for their ongoing assistance and advice to it throughout the year. The board also thanks the team in the Sentence Administration Section without whom the board would not be able to conduct its business.

The board acknowledges the co operation and assistance given to it by officers of the ACT Department of Justice and Community Safety, particularly ACT Corrective Services and the ACT Law Courts and ACT Policing. The board would also like to recognise the work of all those involved in the supervision of ACT parolees.

The board also acknowledges the significant assistance provided to it by lawyers from the Government Solicitor’s Office who provide advice and appear before the board at hearings of issues arising in the supervision and management of periodic detention orders.

Grahame Delaney Chair

Sentence Administration Board of the Australian Capital Territory

5 August 2012


SECTION C

TABLES

SECTION A

Table 1 – JACS Organisational Chart (page 6)

Table 2 – Relationships and Partnerships (page 9)

Table 3 – Offences Referred by Type in 2010–11 and 2011–12 (page 43)

Table 4 – Victim and Offender Participation (page 44)

Table 5 – Reasons for Young Offender Non-Consent in 2011–12 (page 44)

Table 6 – Reasons for Victim Non-Consent in 2011–12 (page 45)

Table 7 – Compliance Rates with Agreements in 2011–12 (page 45)

Table 8 – Agreement Outcomes by Offenders in 2011–12 (page 45)

Table 9 – Breakdown of Expenditure by ACTGS from Legal Expenses Vote (page 63)

Table 10 – Performance Indicators (page 64)

Table 11 – Timeliness of Opinions provided (page 64)

Table 12 – ACT Legislation register development (page 70)

Table 13 – PCO Timeliness Indicators (page 72)

Table 13A – Legislation Drafting Services (page 72)

Table 13B – Legislation Publishing Services (page 74)

Table 14 – Work Safety Statistics 2011–12 (page 81)

Table 15 – Client Interaction 2011–12 (page 82)

Table 16 – Workers’ Compensation Statistics 2011–12 (page 82)

Table 17 – Registration and Client Services 2011–12 – Clients Served at Counters (page 86)

Table 18 – Registrations, Lodgements, Licences and Searches 2011–12 (page 86)

Table 19 – Licences and registrations active at 30 June 2011 (page 88)

Table 20 – ORS Website Statistics 2011–12 (page 92)

Table 21 – Transport Regulation 2011–12 (page 94)

Table 22 – Parking Operations 2011–12 (page 95)

Table 23 – Parking Review 2011–12 (page 96)

Table 24 – Daily Average Sentenced Detainee Population for 2011–12 (page 97)

Table 25 – Daily Average Unsentenced Detainee Population for 2011–12 (page 98)

Table 26 – Breakdown by Maximum Imprisonment Period for Full-Time Detainees (page 98)

Table 27 – Average Daily Number of Periodic Detention Orders (Warrants) *2011–12 (page 98)

Table 28 – AMC Employment Hours 2011–12 (page 101)

Table 29 – Transitional Release Centre Employment Hours for 2011–12 (page 106)

Table 30 – ACT prisoners released during 2009–10 who returned to corrective services (page 107)


Table 31 – ACT offenders discharged from community corrections during 2009–10 (page 108)

Table 32 – Community-Based Sentences transferred into the ACT from NSW (page 109)

Table 33 – Community-Based Sentences transferred from the ACT into NSW (page 109)

Table 34 – Results of requests to transfer parole (page 109)

Table 35 – ACT parole orders transferred interstate (page 110)

Table 36 – Interstate parole orders transferred into the ACT (page 110)

Table 37 – ACT emergency service agency – staffing profile as at 20 June 2012 (page 116)

Table 38 – Staffing profile by classification group (page 117)

Table 39 – ESA volunteer numbers as at 20 June 2012 (page 118)

Table 40 – Gender breakdown for ESA volunteer numbers for 2011–12 (page 119)

Table 41 – Age breakdown for ESA volunteer numbers for 2011–12 (page 119)

Table 42 – Incident Response for 2011–12 (page 122)

Table 43 – Snowy Hydro Southcare operational activity (page 123)

Table 44 – ACT Fire and Rescue operational activity (page 125)

Table 45 – ACT Rural Fire Service Incidents for 2011–12 (page 126)

Table 46 – ACT SES incidents for 2011–12 (page 128)

SECTION C

Table 47 – APIC Membership 2011–12 (page 187)

Table 48 – Freedom of Information Requests 2011–12 Time taken (page 191)

Table 49 – FOI Decision-making outcomes (page 193)

Table 50 – Senior Management Committee Structure (194)

Table 51 – Business and operational committees (200)

Table 52 – JACS FTE and Headcount (page 202)

Table 53 – Classification (headcount) (page 202)

Table 54 – Employment category by gender (headcount)(page 203)

Table 55 – Average length of service by gender by age (page 203)

Table 56 – Total average length of service by gender (page 203)

Table 57 – Age profile (page 204)

Table 58 – Agency profile (page 204)

Table 59 – Agency profile by employment type (page 205)

Table 60 – Equity and workplace diversity (page 205)

Table 61 – Learning and development initiatives (page 206)

Table 62 – Agency profile (page 214)

Table 63 – Experience (page 215)

Table 64 – SEA’s within the Directorate (216)


SECTION C

Table 65 – Individual and group SEA’s (216)

Table 66 – Asset Value as at June 2012 (page 218)

Table 67 – Asset additions (page 219)

Table 68 – Asset retirement/disposals (page 219)

Table 69 – Repairs and maintenance on Directorate assets (page 220)

Table 70 – Leased and owned office accommodation (page 220)

Table 71 – 2011–12 reconciliation of capital cashflows (224)

Table 72 – Capital works management table 2011–12 (page 225)

Table 73 – Labour and Services – consultancies and contracts (page 229)

Table 74 – Legal Counsel (page 245)

Table 75 – Investigators (page 247)

Table 76 – Community grants/assistance/sponsorship (page 248)

Table 77 – JACS records disposal schedule (page 249)

Table 78 – Ecologically sustainable development (page 251)

Table 79 – ACT Strategic Plan for positive ageing 2010–14 (page 261)

Table 80 – Women’s Plan 2010–15 (page 263)

Table 81 – Women’s representation on boards and committees (page 266)

Table 82 – Home safety program (page 269)

ANNEXED REPORTS

Table 83 – Applications received and matters finalised – comparison (page 281)

Table 84 – Resolution of events (page 281)

Table 85 – Internal appeals (page 282)

Table 86 – Types of appeals (page 282)

Table 87 – Applications (page 283)

Table 88 – Age of open files for admin review matters (page 284)

Table 89 – Age of open files for all admin review matters as at 30 June 2012 (page 284)

Table 90 – Discrimination Complaints (page 287)

Table 91 – Age of open files for discrimination matters as at 30 June 2012 (287)

Table 92 – Age of open files for discrimination matters at 30 June 2012 (287)

Table 93 – Applications received for health professionals (page 288)

Table 94 – Applications received for legal practitioners (page 288)

Table 95 – Applications received for liquor licensing industry (page 288)

Table 96 – Applications received for the security industry (page 288)

Table 97 – Applications received for construction occupations (page 288)

Table 98 – Applications received for long service leave (page 288)

Table 99 – Applications received for misc apps (page 289)


Table 100 – Applications received for guardianship (page 289)

Table 101 – Applications received for mental health matters over time (page 290)

Table 102 – Applications received for residential tenancies over time (page 291)

Table 103 – Applications received for various applications over time (page 291)

Table 104 – Energy and water complaints by energy and water complaints (page 293)

Table 105 – Energy and water complaints over time (page 294)

Table 106 – Energy and water complaints by utility over time (page 294)

Table 107 – Complaints by issue over time (page 295)

Table 108 – Orders made, hearings, orders refused over time (page 302)

Table 109 – Outcomes of breach matters over time (page 303)

Table 110 – Outcomes of section 66 inquiries (page 305)

Table 111 – Outcomes of section 73 inquiries (page 306)

Table 112 – Periodic detention orders cancelled due to conviction (page 307)

Table 113 – Victim Contact (page 307)

Table 114 – Victim Submissions (page 308)

GRAPHS

Graph 1: All Referrals Received (page 31)

Graph 2: Referrals of Adults and Young People (page 31)

Graph 3: Referrals of Adults by Gender (page 32)

Graph 4: Referrals of Young People by Gender (page 32)

Graph 5: All Assessments Conducted (page 33)

Graph 6: Referrals Received in 2010–11 to 2011–12 (page 42)

Graph 7: Total Number of Offenders Referred by Age and Gender (page 43)

Graph 8: Participant Surveys Feedback in 2011–12 (page 47)

Graph 9: ACT Legislation Register Usage (page 71)

Graph 10: Reduce the number of claims reaching 5 days incapacity by 40% (pages 213)

Graph 11: Reduce the number of claims reaching 5 days incapacity (page 214)

Graph 12: New applications received by subject matter 2011–12 (page 280)

Graph 13: Parole applications for 2011–12 (page 302)

Graph 14: parole orders made, hearings, orders refused over time (page 302)

Graph 15:Outcomes of breach matters over time (page 303)

Graph 16: Outcomes of section 66 inquiries into breach of periodic detention obligations (page 306)


SECTION C

INDEX

AAboriginal and Torres Strait Islander Elected Body (ACTIEB) 34

Aboriginal and Torres Strait Islander Employment Strategy 2011-15 255–6

Aboriginal and Torres Strait Islander Justice Agreement viii, 11, 16, 29, 50, 135, 253

implementation group 255

performance measures 255

Aboriginal and Torres Strait Islander people 254–8

apprehensions by police 254

detainees 255

Employment Action Plan ix

Galambany (Circle Sentencing) Court 11, 30–2, 257–8

Indigenous Guidance Partner 11–12, 46

intergenerational offending 40

National Reconciliation Week 209, 260

public report card 254

Reconciliation Action Plan (RAP) ix, 16, 256–7

regulatory services 258

reporting framework 254

restorative justice see restorative justice

Aboriginal Justice Centre 30, 135, 254, 257

access to justice 114, 139

Accessible Civil Justice System (Strategic Indicator 1) ix, 2, 8, 9–12, 19

accommodation, managed 105–6, 267

accountability indicators see performance indicators; strategic indicators

ACT: ACTGS advice in claims against 63

ACT Ambulance Service (ACTAS) 115, 121–3

community events 142

ESA National Medal Awards 210–11

patient satisfaction 122

service delivery 121–2

service results 122

ACT Civil and Administrative Tribunal (ACAT) 113

Annual Report 2011-12 276–97

ACT Corrective Services (ACTCS) viii, 96–111

community based see Community Based Corrections (CBC)

custodial operations 97–111

future directions 111

Human Rights Act 2004 and 217

objectives 96

offender services see Offender Services and Corrections Programs

Output 2.1 ix, 3, 8, 96–111

priorities 96–7

registered training organisations (RTO) 110–11, 207, 264

Training and Development Unit (TDU) 110–11

Women and Children’s Program policy 267

women and girls, education and training 264

ACT Court of Appeal 112–13

ACT Emergency Services Agency (ESA)

business improvement 14

community engagement 134

community resilience 13

Emergency Services (Output 4.1) ix, 3, 8, 115–30

Emergency Services (Strategic Indicator 3) ix, 2, 8, 13–14, 22

facilities 120

future direction 129–30

National Medal Awards 210–11

objectives 115–17

registered training organisations 208

staffing profile 116–17

station upgrade and relocation viii, 14, 134, 223

support services 117–18

training facilities viii, 264

volunteers 118–20, 267

website viii


ACT Fire and Rescue (ACTF&R) 115, 123–6


ESA National Medal Awards 210–11

prevention of emergencies 141


service results 124–6

ACT Government Solicitor (ACTGS) 59–66


breakdown of expenditure 63

future directions 65–6


major projects 60

objectives 59–60

performance measures 64

priorities 60–3

service delivery 60

timeliness of opinions provided 64

ACT Justice and Community Safety Directorate see Justice and Community Safety Directorate

ACT Law Courts and Tribunal see courts and tribunal

ACT Legislation Register 69–72

anniversary 69

backcapture 69

development 70


survey 71, 139

usage 69, 71

ACT Legislative Assembly

committee inquiries and reports 147–67

ACT Magistrates Court 113

single registry for Supreme Court and viii, 10

ACT Multicultural Strategy 2011-2013 259–60

ACT Policing 12, 50–1

performance highlights 12

police assault 27

ACT Road Safety Strategy 2011-2020 viii, 12, 39, 135

ACT Rural Fire Service (ACTRFS) 115, 126–8

community events 142–3

ESA National Medal Awards 211

prevention of emergencies 141–2


ACT Security in Government Committee (ACTSIGC) 51–2

ACT State Emergency Service (ACTSES) 115, 128–9


ESA National Medal Awards 211

prevention of emergencies 142


ACT Strategic Plan for Positive Ageing 2010-2014 260–2

ACT Supreme Court see Supreme Court

ACT Women’s Plan 2010-2015 263–71

ACTPS Aboriginal and Torres Strait Islander Employment Strategy 2011-15 255–6

Adult Sex Offenders Program (ASOP) 102

aged care 259

ACT Strategic Plan for Positive Ageing 2010-2014 260–2

agency guidelines and initiatives (FOI) 190–3

alcohol

awareness courses 36

interlock programs 35–6

reforms viii–ix, 37–9

Alexander Maconochie Centre (AMC) 12, 97–105

average cost per prisoner day 97

gender sensitive initiatives 267



prisoner numbers 97–8


Ambulance Service see ACT Ambulance Service (ACTAS)

anger management 103

annexed reports 4, 276–308

annual reports 167

Report on Annual and Financial Reports 2009-10 152

Standing Committee on Education, Training and Youth Affairs 168

Appropriation Bill 2011-12

report 173–9

asbestos 79

compliance 79–80

proactive inspections 80

assets

additions 219

management 218–21

repairs and maintenance 220

retirements/disposals 219

value as at June 2012 218

asylum seekers 260

Attorney General


SECTION C

legislation report 180–4

Audit and Performance Improvement Committee (APIC) 187, 197

membership 2011-2012 187

Auditor General’s Office internal and external scrutiny 144–6

audits

external 144–6

internal arrangements 186

performance improvement activity – 2011-12 186

workplace health and safety 212

Australian Capital Territory see ACT

Australian Consumer Law 83

Australian Federal Police Act 1979 (Cwlth) 50

awards and recognition 209–11

women, for 265

B

Bail Act 1992 27, 137

bail laws 27, 137

banking 63

Beess cafe 78

Bourke, Dr Chris iv

brothels 80

bullying 79

bushfires

Bushfire Awareness Week 142

response to 2009 Victorian Bushfires Royal Commission 127–8

Strategic Bushfire Management Plan (SBMP) 218

see also ACT Rural Fire Service (ACTRFS)

Business and operational committees 200

Business Names Registration (Transition to Commonwealth) Act 2012 35, 53

business names registrations 15, 35, 138

business partnership award 210

CCanberra Centenary 62

The Canberra Plan: Towards Our Second Century 2

capital works 63, 221–7

cashflows, reconciliation of 224

completed projects 221–3

management table 225–7

works in progress 223

case management system viii, 9, 134

chaplaincy 102

children and young people

education 140–1

fair trading compliance 91


multicultural strategy 259

Prevention of Violence Against Women and Children Strategy 2011-2017 vii, 48

restorative justice see restorative justice

sex offenders legislation 49

violence, protection from vii, 48, 270

Youth Crime Prevention Engagement Project 258

youth detention 62

Circle Sentencing Court see Galambany (Circle Sentencing) Court

Civil and Administrative Tribunal (ACAT) 113


Civil Law (Wrongs) Amendment Regulation 2012 (No 1) 57

civil unions 26

Civil Unions Bill 2011 26, 56

claims against the Territory 63

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 34, 56

Classification (Publications, Films and Computer Games) (Enforcement) Amendment Bill 2012 34, 56

clients 4

client interaction 82

client services 86–90

climate change 253–4

Climate Change and Greenhouse Gas Reduction Act 2010 253

closed circuit television (CCTV) 13

Advisory Group and Technical Group 271

capability 52

Cognitive Self Change (CSC) Program 102

family violence 103

commercial disputes 60


Commissioner for the Environment 251

committees

governance 194–201

women, representation on 266

Community Based Corrections (CBC) 105–10

Community Service Work Unit 106

Managed Accommodation Program (MAP) 105–6

Probation and Parole Unit 105

recidivism 106–7

Sentence Administration Section 108

transfer of community based sentences 108–9

transfer of parole orders 109–10

transfer of prison sentences 110

Victim Register 110

community based sentences 108–9

community education 114, 139–43

community engagement 134–43

ESA 134

Legislation and Policy Branch 134–8

ORS 90–1, 138–9

PCO 139

youth 141, 258

community events, live 169–72

community grants/assistance/sponsorship 248

community housing see housing

Community Legal Centres 33

funding 269–70

community policing services see policing arrangements

community resilience 13

Community Service Work Unit 106

complaint management

ORS and 85

computer games, classification 34

constitutional law advice and litigation 60–1

consultancies 228–44

Consultation and Scrutiny Reporting

internal and external scrutiny 144–6

contracting 228–47

external sources of labour and services 228–47

legal counsel 245–7

Corbell, Simon v

Coroners Act 1997

review 33

Coroners Amendment Act 2011 33, 53

coronial inquests 60

corporate fleet vehicles viii, 14, 115–18

corporate planning 201

Corrections and Sentencing Legislation Amendment Act 2011 53

Corrections and Sentencing Legislation Amendment Act 2012 48–9, 53–4

Corrections Management Act 2007 48, 104

Corrections Programs Unit (CPU) 102

Corrective Services see ACT Corrective Services

counsel fees 245–7

Court of Appeal 112–13

Court Procedures Amendment Rules 2011 (No 3) 57



Court Transport Unit (CTU) 99

courts and tribunal 112–14

backlog 10, 29, 112


docket system 28–9, 112

fees 10

fine enforcement 114

future directions 114

judicial officers 202, 265

Output 3.1 ix, 3, 8, 112–14

priorities 114

reforms 28

security upgrade 11

timely completion of cases 19

see also Supreme Court

Courts Legislation Amendment Act 2012 54

Crime Prevention and Community Safety Forum 271

crime reduction viii, 12, 39–40, 41, 135

Crimes Act 1900 26, 27, 48

Crimes (Certain Penalty Increases) Amendment Bill 2011 48, 56


SECTION C

Crimes (Child Sex Offenders) Act 2005 49, 54, 137

Crimes (Child Sex Offenders) Amendment Act 2012 49, 54

Crimes Legislation Amendment Bill 2011 27, 56, 167

Crimes Legislation Amendment Bill 2012 56, 137, 270

Crimes (Offences Against Police) Amendment Bill 2012 167

Crimes (Penalty) Amendment Act 2011 48

Crimes (Protection of Witness Identity) Act 2011 49, 54

Crimes (Restorative Justice) Act 2004 41

Crimes (Sentence Administration) Act 2005 48

Crimes (Sentencing) Act 2005 27, 48

Criminal Justice Statistical Profile (CJSP) 34

criminal penalty reform 48

critical infrastructure protection (CIP) 52

customer service award 210

Ddangerous substances 78–80, 273

Delissio Brasserie 79

detainees 61, 97–9

Aboriginal and Torres Strait Islander people 255

community based see Community Based Corrections (CBC)


see also prisoners

directorate structure 3–4

Director-General

awards 209–10

DisabiliTEA 209

discrimination 62

diversity see workplace diversity

documents

available on request 190

available under FOI Act 190

categories held by Directorate 189–90

Domestic Relationships Act 1994 26, 56

Domestic Violence Prevention Council 268–9

double jeopardy reform 137

drafting legislation see legislative drafting

drug and alcohol awareness courses 36

Eecologically sustainable development 251–3

economic indicators

triple bottom line report 131

education

children and young people 140–1

community 114, 139–43

regulatory awareness 140

right to 16

seniors 141

services for detainees 100

Effective Regulation and Enforcement (Strategic Indicator 4) ix, 2, 8, 14–15, 23–4

egg labelling 84

Electoral Act 2011 54

Electoral Act Amendment Bill 2011 157

Electoral Amendment Act 2012 54

Electoral Amendment Bill 2012 37

electoral laws, reform of 37

Electoral Commission Report 157

A Review of Campaign Finance Laws in the Act 153–7

Electoral Services (Output 1.6) ix, 3, 8

Electronic Transactions Amendment Act 2012 54

Emergencies Act 2004 viii, 14, 121, 123, 126

emergency management 13–14, 51

prevention and mitigation 141–3

Emergency Services Agency see ACT Emergency Services Agency (ESA)

employees see staff

employment and industrial relations 62

ACTPS Aboriginal and Torres Strait Islander Employment Strategy 2011-15 255–6

flexible working environments 264

graduate program 208, 264

services for detainees 100–1

special employment agreements (SEAs) 215–16

training see training


women and girls 264

Employment Strategy for Aboriginal and Torres Strait Islander People 2011-15 255–6

energy efficiency 68, 253–4

enforcement

ORS and 85

environment

Commissioner 251

greenhouse gas emissions 253–4

indicators in triple bottom line report 131

see also sustainability measures

Evidence Act 2011 33–4, 54–5

Evidence Amendment Act 2011 54–5

Evidence (Consequential Amendments) Act 2011 33, 55

Evidence (Miscellaneous Provisions) Act 1991 26, 33, 55

Evidence Regulation 2012 57

Executive Management Council 195

executive remuneration 194

Executive Work health and Safety Committee 196

external and internal scrutiny 144–6

Ffacial coverings, removal of 35

fair trading compliance 82–92

family violence 103

Family Violence Cognitive Self Change (FVCSC) Program 103

whole of government statement on 269

fatalities in the workplace 78, 213

Finance Committee 198

financial assistance for victims of crime 63

financial reports 18, 167



fine enforcement 114

Fire and Rescue see ACT Fire and Rescue (ACTF&R)

First Steps programs

anger management 103

relapse prevention 103

fitness industry

fair trading and licensing compliance 83–4

fleet viii, 14, 115–18

Forensic Medical Centre (FMC) viii, 11

fraud prevention 188

freedom of information (FOI) 188–94

access to documents 190

administrative appeal applications 193

agency guidelines and initiatives 190, 193

amendment of personal records 194

decision making outcomes 193

facilities for access 190

fees and charges 194

internal reviews 193

legislative reform 28

time taken to finalise requests 191–2

Freedom of Information Act 1989 28

section 7 and 8 statement 189

section 79(1) statement 190

section 79(2) statement 193

Standing Committee on Justice and Community Safety Inquiry 147–51

Freedom of Information Amendment Bill 2011 28, 56–7

GGalambany (Circle Sentencing) Court (GCSC) 11, 30–2, 257–8

assessments 32–3

referrals 12, 31–2

government contracting 228–47

external sources of labour and services 228–47

legal counsel 245–7

Government Solicitor see ACT Government Solicitor


greenhouse gas emissions 253–4


SECTION C

Hhealth service providers 61

High Density Housing Safety and Security Project 40–1

Home Safety Program 41, 269

participant information 269

housing 61

community 62

human resource (HR) performance 201

see also staffing profile

human rights 27, 60, 61

addressing in explanatory statements 28

Human Rights Act 2004 vii, 28, 65, 136, 217

five year review 16, 27

Plain English Toolkit on the Human Rights Act for Public Authorities 28

Human Rights Amendment Bill 2012 27, 57, 217

humanitarian entrants 260

Hume land acquisition 62

IIndependent Closed Circuit Television (CCTV) Audit Review Committee 13

independent reports 4

Independent Taxi Operator Pilot (ITOP) 36


industrial relations 60, 62, 215–16

see also employment and industrial relations

Information Management (IM), Information Communications Technology (ICT) Committee 194

injuries

management 213

notifiable accidents and incidents 213

prevention in the workplace 212

innovation awards 210

Inquiry into Freedom of Information Act 1989 147–51

Inquiry into Liquor Fees and Subordinate Legislation 167

Inquiry into the Prostitution Act 1992 158–66, 270

inspections

fair trading and licensing compliance 85

workplace health and safety 212

intercultural harmony 260


internal accountability 194–201

internal and external scrutiny 144–6

internal audit arrangements 186

internships 209

investigator fees 247

JJACS see Justice and Community Safety Directorate

JACSCOM 195

judicial officers 202, 265

Justice and Community Safety Directorate

categories of documents held 189–90

directorate structure 3–4


highlights vii–ix, 9–16

mission 3

official visitors 104–5

organisation and functions 2–7, 189

organisational chart 6–7

outcomes vii

outlook 16–18

partner agencies vii, 4, 8–9

people see staff

performance ix

planning framework 8

priorities in 2012-13 17–18

quality vii, 3

respect vii, 3, 209

responsiveness vii, 3

role vii, 2–3

strategic direction vii

values vii, 3

volunteers vii, 5

Justice and Community Safety Legislation Amendment Act 2011 (No 2) 55



Justice and Community Safety Legislation Amendment Act 2012 55


justice reinvestment 40–1

KK-Form Structural Systems Pty Ltd 78

key performance indicators see performance indicators

Knowledge Consulting review viii

Lland

Hume land acquisition 62

planning 61

property development 62

languages 259

large scale solar scheme 63

law courts see courts and tribunals

Law Officers Act 2011 55, 65, 66

compliance with model litigant guidelines 273

report under section 15(1) 272–3

leadership

awards 210

women in positions of economic 265, 266

workplace health and safety 211–12

learning and development 206–11

women and girls 264

leasing and property matters 62

legal services ix, 3, 8, 59–66

counsel fees 245–7

external contractors 245–7

female counsel 264

investigator fees 247

Legal Profession Reform 136

Output 1.2 ix, 3, 8, 59–66

see also ACT Government Solicitor

Legislation and Policy Branch

community engagement 134–8

Legislation Register see ACT Legislation Register

Legislation Report 180–4

legislative achievements 53–9

Legislative Assembly see ACT Legislative Assembly

legislative drafting (Output 1.3) ix, 3, 8, 66–77

drafting 67–8

legislation publishing services 74–6

objectives 66–7

satisfaction surveys 72

services 72–4

see also Parliamentary Counsel’s Office (PCO)

Leigh, Kathy iv, v

Letter of Transmittal iv, v

library services 101–2

Liquor Act 2010 38

fair trading compliance 84

Liquor Amendment Regulation 2011 (No 1) 57, 138, 138

Liquor Amendment Regulation 2011 (No 2) 37, 57

Liquor Amendment Regulation 2012 (No 1) 57–8, 138

Liquor (Fees) Determination 2011 37

liquor reforms viii–ix, 37–9

sales data, reporting 38–9

Liquor Regulation 2010 38

litigation 60

constitutional 61

litigation resourcing 60

model litigant guidelines 271–3

live community events 169–72

MMagistrates Court see ACT Magistrates Court

Magistrates Court (Electoral Infringement Notices) Regulation 2012 58

Magistrates Court (Fair Trading Motor Vehicle Repair Industry Infringement Notices) Regulation 2012 (No 1) 58

Magistrates Court (Liquor Infringement Notices) Amendment Regulation 2012 58

Magistrates Court (Liquor Infringement Notices) Regulation 2010 38

Magistrates Court (Smoking in Cars with Children Infringement Notices) Regulation 2012 58


SECTION C

Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012 58

Managed Accommodation Program (MAP) 105–6

women and girls 267

management discussion and analysis 18

Marriage Act 1961 26, 56

media

social 143

mental health and other civil claims 60

Minister for Corrections iv, 3, 4

legislation report 184

Minister for Police and Emergency Services v, 3, 4

legislation report 184

model litigant guidelines 271–3

Motor Vehicle Repair Industry Advisory Committee 77

motor vehicles

corporate fleet vehicles

see also road safety

motorcycles

mandatory pre-provisional rider training 36

Muslim community consultation 136

multicultural strategy 259–60

NNAIDOC Week 209, 260

National Counter Terrorism Committee (NCTC)

Countering Violent Extremism program 53

national indicators see performance indicators

National Partnership Agreement on Preventative Health (NPAPH) 80

National Reconciliation Week 209, 260

National Safety Week 212

New Employment Opportunities (NEO) 100

notices of noncompliance 273

OOffender Services and Corrections Programs 99

case management and classification 99–100

chaplaincy 102

Cognitive Self Change (CSC) Program 102

Corrections Programs Unit (CPU) 102

education services 100

employment services 100–1

Family Violence Cognitive Self Change (FVCSC) Program 103

First Steps programs 103

library services 101–2


Smart Recovery Program 104

Solaris Therapeutic Community 103

therapeutic programs 102–4

office accommodation 220

Office of Regulatory Services (ORS) 77–95

Aboriginal and Torres Strait Islander people 258

community engagement 90–1, 138–9

corporate governance 77

fair trading compliance 82–92

future direction 94

industry licensing trading compliance 82–92

legislative reforms 77–8

objectives 77

performance measures 86–90

priorities 77–8

registration and client services 85–90

transport regulation 92–5

website 92

youth engagement 141


older people and aged care 259

Operational committees 200

organisational chart 6–7

Our Responsibility: Ending Violence Against Women and Children vii, 10, 48

outlook 16–18

Output 1.1: Policy Advice and Justice Programs ix, 3, 8, 26–59

Output 1.2: Legal Services to Government ix, 3, 8, 59–66

Output 1.3: Legislative Drafting and Legislative Information ix, 3, 8, 66–77

Output 1.4: Public Prosecutions ix, 3, 8

Output 1.5: Protection of Rights ix, 3, 8

Output 1.6: Electoral Services ix, 3, 8

Output 1.7: Regulatory Services ix, 3, 8, 77–92


Output 1.8: Transport Regulation ix, 3, 8, 92–5

Output 2.1: Corrective Services ix, 3, 8, 96–111

Output 3.1: Courts and Tribunal ix, 3, 8, 112–14

Output 4.1: Emergency Services ix, 3, 8, 115–30

Pparking operations 35, 92–6

Parliamentary Counsel’s Office (PCO) 66–77


notifications 69


republications 69

satisfaction surveys 71–2

technical amendments program 68

timeliness indicators 72

see also drafting legislation

parole



partner agencies vii, 4, 8–9

patents

opposition 63

performance indicators ix

ACT Government Solicitor 64

Parliamentary Counsel’s Office 71–2

see also strategic indicators

Periodic Detention Centre (PDC) 98, 102

Personal Properties Security Register (PPSR) 15

planning see land and planning

plastic bags


Plastic Shopping Bags Ban Act 2010 14, 84

police assault 27

policing arrangements 12

Policy Advice and Justice Programs (Output 1.1) ix, 3, 8, 26–59

objectives 26

priorities 26–8

premises, recovery of 63

prevention of emergencies 141–3

Prevention of Violence Against Women and Children Strategy 2011-2017 vii, 10, 48

prisoners

education services 100

transfer of prison sentences 110

see also detainees



probity 62

procurement 62

principles and processes 228

product safety 83

Promotion and Protection of Rights and Interests (Strategic Indicator 5) ix, 2, 8, 16, 25

property and leasing matters 62

Property Crime Reduction Strategy 2012-2015 viii, 12, 39–40, 41, 135

property development 62

Prostitution Act 1992 37

Inquiry into the Prostitution Act 1992 158–66, 270

prostitution regulation 37

Protection of Rights (Output 1.5) ix, 3, 8

public and constitutional law 60–1

public interest disclosure 188

public participation in decision making 189

Public Prosecutions (Output 1.4) ix, 3, 8

public transport see transport

publishing services

legislation publishing services 74–6

purchase agreements 5

Qquality vii, 3

Rreal estate industry


recidivism 106–7

Reconciliation Action Plan (RAP) ix, 16, 256–7

records management 248

disposal schedules 249–50

recovery of land and premises 63

refugees 260


SECTION C

registered training organisations (RTO) 110–11, 207–8

regulations

regulatory awareness 140

see also Office of Regulatory Services

Regulatory Services (Output 1.7) ix, 3, 8, 77–92

see also Office of Regulatory Services (ORS)

relapse prevention 103


Report on the Appropriation Bill 2011-12 173–9

reports 4

Residential Tenancies Amendment Regulation 2012 (No 1) 58

resource efficiency 253–4

respect vii, 3, 209

Respect, Equity and Diversity (RED) Framework 16, 209

workplace violence prevention 270–1

responsible services of alcohol (RSA) training 38

responsiveness vii, 3

restorative justice viii, 41–8, 254

Aboriginal and Torres Strait Islander participation 11, 12, 46

agreement compliance rate 44–5

conferences 43


participant surveys 46–7

reasons for non-consent 44–5

referrals 12, 31–2, 42–3, 254

trial initiative 46

Restorative Justice Conference 269

Restorative Justice Unit (RJU) 41–8

retirement villages legislation 138

revenue 61

A Review of Campaign Finance Laws in the Act 153–7

Revlon Australia Pty Limited 79

rights see human rights

risk management 186–7

road safety 12

regulation reforms 35

see also motor vehicles

Road Safety Action Plan 2011-2013 viii, 12, 39

Road Transport (Alcohol and Drugs) Act 1977 36

Road Transport (Driver Licensing) Amendment Regulation 2011 (No 1) 58

Road Transport (Driver Licensing) Amendment Regulation 2012 (No 1) 58

Road Transport (Driver Licensing) Regulation 2000 15, 36

Road Transport (General) Amendment Act 2012 (No 1) 35, 55

Road Transport (General) Amendment Act 2012 (No 2) 35, 55

Road Transport Legislation Amendment Regulation (No 2) 36, 58

Road Transport (Offences) Amendment Regulation 2012 (No 1) 58

Road Transport (Offences) Amendment Regulation 2012 (No 2) 58

Road Transport (Public Passenger Services) Amendment Regulation 2012 36, 58

Road Transport (Public Passenger Services) Regulation 2002 15, 36

Road Transport (Safety and Traffic Management) Act 2011 35, 55

Road Transport (Safety and Traffic Management) Amendment Regulation 2011 (No 1) 58

Road Transport (Vehicle Registration) Amendment Regulation 2011 (No 1) 59

Road Transport (Vehicle Registration) Amendment Regulation 2012 36, 59

Ronald McDonald House 62

Rural Fire Service see ACT Rural Fire Service (ACTRFS)

SSafe Community (Strategic Indicator 2) ix, 2, 8, 12–13, 20–1

Alexander Maconochie Centre (AMC) 12

emergency services see Emergency Services

Seamless National Economy Agreement projects 35

Section 7 Statement (FOI) 189

Section 8 Statement (FOI) 189

Section 79(1) Statement (FOI) 190

Section 79(2) Statement (FOI) 193


Security and Emergency Management Branch (SEMB) 51

Security and Emergency Management Cabinet 51

Security and Emergency Management Committees 51

Security and Emergency Management Planning Group (SEMPG) 51

Security and Emergency Management Senior Officers Group (SEMSOG) 51

security coordination 51

security industry 59, 78, 137, 138


Security Industry Amendment Regulation 2012 (No 1) 59

security upgrade

court 11

Segway use viii, 36–7, 135

Select Committee on Estimates 2011-12 173–9

senior management committees 194

structure 194–8

seniors

educating 141

ORS and 91

Sentence Administration Board


sentencing

periodic detention 98–9

prisoner numbers 97–8

Sentence Administration Section 108

SES see ACT State Emergency Service

sex industry 270

Sexual Assault Reform Program (SARP) 26–7, 268

Smart Recovery Program 104

smoke free public places

licensing compliance 85

Snowy Hydro SouthCare (SHS) 122–3

social indicators

triple bottom line report 132

social media 143

solar industry


Solaris Therapeutic Community 103

Solicitor-General 66

Special Employment Agreements (SEAs) 215–16

sponsorship see community grants/assistance/sponsorship

staff vii

human resource potential 201

staff development 206–9

staff health and wellbeing 212

see also employment and industrial relations; human resources (HR) performance

staffing profile 202–5, 264

Emergency Services Agency (ESA) 116–17

stakeholders 4


Standing Committee on Justice and Community Safety

Inquiry into Freedom of Information Act 1989 147–51

Standing Committee on Planning, Public Works and Territory and Municipal Services 169–72

State Emergency Service see ACT State Emergency Service (ACTSES)

State of the Environment Report 251

statement of performance 18

strategic asset management 218–21

Strategic Bushfire Management Plan (SBMP) 218

strategic direction vii

strategic indicators ix

1 – Accessible Civil Justice System ix, 2, 8, 9–12, 19

2 – Safe Community ix, 2, 8, 12–13, 20–1

3 – Emergency Services ix, 2, 8, 13–14, 22

4 – Effective Regulation and Enforcement ix, 2, 8, 14–15, 23–4

5 – Promotion and Protection of Rights and Interests ix, 2, 8, 16, 25

see also performance indicators

Strategic Plan 2012-2017 8, 16

studies assistance 207

subordinate legislation 67, 69–70

subsumed reports 4

superannuation claims 63

Supreme Court viii, 112


Magistrates Court, amalgamation with viii


SECTION C

single registry for the Magistrates Court and viii, 10

Sustainability Committee 195

sustainability measures 251–3

Commissioner for the Environment 251

see also environment

TA Taste of Harmony 209, 260

taxi industry 15, 36

Independent Taxi Operator Pilot (ITOP) 36

minimum English standards for drivers 36

wheelchair accessible centralised booking service 36

Territory Crisis Centre (TCC) 52

Territory records

management of 248–50

Terrorism (Extraordinary Temporary Powers) Act 2006 49, 56

Terrorism (Extraordinary Temporary Powers) Amendment Act 2011 49, 55–6

terrorism powers 49, 52–3, 273

Countering Violent Extremism program 53

Thor’s Hammer 79

throughcare model 17, 99, 100, 103–5, 111

traffic and parking 92–6

infringements 35

traineeships 208–9

training


registered organisations (RTO) 110–11

staff development 206–9

Training and Development Unit (TDU) 110–11

women and girls 264

workplace health and safety 212–13

transfer

community based sentences 108–9

parole orders 109–10

prison sentences 110

Transitional Release Centre 101

Transmittal Certificate iv

transport

Court Transport Unit 99

regulation (Output 1.8) ix, 3, 8, 92–5

tribunals see courts and tribunals

triple bottom line report 131–2

2011 Telstra Act Business Women’s Awards 210

2012 Canberra Citizen of the Year 210

UUnit Titles (Management) Act 2011 viii, 34, 56, 136

Unit Titles (Management) Regulation 2011 59

Vvalues vii, 3

Victims Advisory Board 268

victims of crime 26–7

financial assistance for 63

Victim Register 110

Victims of Crime Amendment Regulation 2011 (No 1) 59

volunteers vii, 5

Emergency Services Agency (ESA) 118–20

women 267

vulnerable people

working with 77–8, 139

Wwaste management

recycling 62

White Ribbon Day 270

whole-of-government

information and communication technology security management and services 144–6

witness identity protection 49–50

women 259–60

ACT Women’s Plan 2010-2015 263–71

economic leadership 265, 266

financial equity 265

International Women’s Day 209

Prevention of Violence Against Women and Children Strategy 2011-2017 vii, 48

recognition of 265, 267

Sexual Assault Reform Program (SARP) 26–7, 268


violence, protection from vii, 48, 270

White Ribbon Day 270

work experience 209

Work Health and Safety Act 2011 viii, 15, 65, 80–1, 139

workers compensation 82–3

statistics 82–3

workforce profile see staffing profile

Working with vulnerable People (Background Checking) Act 2011 77, 139

workplace diversity 16

workplace health and safety 15, 78–82, 211–15

accidents 213

audits 212

claims reaching 5 days incapacity 213–14

Executive Work health and Safety Committee 196

fatalities 78, 213

harmonisation of legislation 80

injury prevention 212

inspections 212

leadership 211–12

National Safety Week 212

notifiable incidents 213

provisional improvement notice 213

statistics 81

targets 213

Workplace Consultative Committee 197

workplace protection orders 62

workplace relations see industrial relations

workplaces

office accommodation 220

WorkSafe ACT 78–82

client interaction 82

objectives 78–9


priorities 79–81

prosecutions 78–9

significant incidents 78

work safety statistics 81

Yyoung people see children and young people

Performance and financial Legislative and Policy Based ...

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