Appendix A1 Justice statutory authorities and offices Gaming and racing Statutory offices Racing Integrity Commissioner Statutory authorities Greyhound Racing Victoria Harness Racing Victoria Racing Appeals and Disciplinary Boards Responsible Gambling Advocacy Centre Ltd Responsible Gambling Ministerial Advisory Council Victorian Commission for Gambling and Liquor Regulation (from 6 February 2012) Victorian Commission for Gambling Regulation (to 5 February 2012) Strategic policy and legislation Statutory offices Chief Examiner and Examiner (jointly administered with the Minister for Police and Emergency Services) Commissioner, Victorian Equal Opportunity and Human Rights Commission Crown Counsel Crown Prosecutors Director of Public Prosecutions Electoral Commissioner and Deputy Electoral Commissioner Legal Services Commissioner Public Advocate Solicitor for Public Prosecutions Solicitor-General Special Investigations Monitor Office of the Privacy Commissioner Panel of Independent Reviewers – Legal Aid Act Administrative offices Victorian Government Solicitor’s Office Statutory authorities Appeal Costs Board Board of Examiners Council for Legal Education Firearms Appeals Committee Legal Practitioners Liability Committee Legal Services Board Office of Public Prosecutions Victorian Electoral Commission Victorian Equal Opportunity and Human Rights Commission Victorian Institute of Forensic Medicine Victorian Law Reform Commission Victoria Legal Aid Victoria Law Foundation Victorian Professional Standards Council Leo Cussens Institute Courts Statutory offices Children’s Court dispute resolution convenors Statutory authorities Coronial Council Judicial College of Victoria Judicial Remuneration Tribunal Sentencing Advisory Council VCAT Rules Committee Judicial and quasi-judicial bodies Children’s Court of Victoria Coroner’s Court of Victoria County Court of Victoria Court of Appeal Magistrates’ Court of Victoria Municipal Electoral Tribunals Supreme Court of Victoria Victims of Crime Assistance Tribunal Victorian Civil and Administrative Tribunal Community operations and strategy Statutory offices Director of Liquor Licensing (to 5 February 2012) Road Safety Camera Commissioner (from 12 October 2011) Sheriff Statutory authorities Liquor Control Advisory Council Liquor Licensing Panel (to 5 February 2012) Victorian Commission for Gambling and Liquor Regulation (from 6 February 2012) Consumer affairs Statutory offices Arbitrator, Sale of Land Act Director of Consumer Affairs Victoria Statutory authorities Business Licensing Authority Consumer Utilities Advocacy Centre Ltd Estate Agents Council Funeral Industry Ministerial Advisory Council (advice being sought on future) Residential Tenancies Bond Authority Sex Work Ministerial Advisory Committee Police and emergency management Statutory offices Bushfires Royal Commission Implementation Monitor Chief Commissioner and Deputy Commissioners of Police Chief Examiner and Examiner (jointly administered with the Attorney-General) Commissioner for Law Enforcement Data Security Director, Police Integrity Fire Services Commissioner Statutory authorities CFA Appeals Commission Country Fire Authority Emergency Services Telecommunications Authority Metropolitan Fire and Emergency Services Board MFES Appeals Commission Office of Police Integrity Police Appeals Board Victoria State Emergency Service Victorian Emergency Management Council Portfolio agencies Victoria Police Corrections, health and crime prevention Statutory authorities Adult Parole Board Appendix A2 Governance Under the Public Administration Act 2004, the Secretary has responsibility for the general conduct and the effective, efficient and economical management of the department. A suite of standing executive committees ensures the integration of all elements of good corporate governance and a focus on improving organisational performance. Standing executive committees The Justice Executive Committee is the peak body in the corporate governance structure. It advises the Secretary on the management and administration of the department and ensuring compliance with government directives, guidelines and legislation. It is responsible for integrating governance functions across the department and working collaboratively with portfolio agencies. The Executive Committee agrees membership, terms of reference and delegations of other standing committees and special project steering groups. It receives performance and strategic issues reports from these committees and groups. The Secretary or her delegate chairs each of the standing committees, with the exception of the Audit and Risk Management Committee, which is independently chaired. Details of the responsibilities, functions, membership, and relationships between each of the standing committees are available from the department’s Executive Services group. Appendix B Acts administered by the Justice portfolio and legislation enacted in 2011-12 Acts administered by the Justice portfolio as at 30 June 2012 Attorney-General Accident Compensation Act 1985 • Division 1 of Part III • The Act is otherwise administered by the Assistant Treasurer and the Treasurer Acts Enumeration and Revision Act 1958 Administration and Probate Act 1958 Administrative Law Act 1978 Adoption Act 1984 • The Act is jointly and severally administered with the Minister for Community Services Age of Majority Act 1977 Alcoholics and Drug-dependent Persons Act 1968 • Sections 11, 14 and 15 • The Act is otherwise administered by the Minister for Mental Health Appeal Costs Act 1998 Attorney-General and Solicitor-General Act 1972 Bail Act 1977 Births, Deaths and Marriages Registration Act 1996 Charities Act 1978 Charter of Human Rights and Responsibilities Act 2006 Children, Youth and Families Act 2005 • The Act is jointly and severally administered with the Minister for Community Services Choice of Law (Limitation Periods) Act 1993 Civil Procedure Act 2010 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Commercial Arbitration Act 2011 Commonwealth Places (Administration of Laws) Act 1970 Commonwealth Powers (De Facto Relationships) Act 2004 Commonwealth Powers (Family Law-Children) Act 1986 Confiscation Act 1997– Except: • Section 134 (this provision is jointly administered with the Minister for Crime Prevention) Constitution Act 1975 • Part III • Section 88 in so far as it relates to the appointment of Crown Counsel • The Act is otherwise administered by the Premier Constitution (Supreme Court) Act 1989 Constitutional Powers (Coastal Waters) Act 1980 Constitutional Powers (Request) Act 1980 Co-operative Schemes (Administrative Actions) Act 2001 Coroners Act 2008 Corporations (Administrative Actions) Act 2001 Corporations (Ancillary Provisions) Act 2001 Corporations (Commonwealth Powers) Act 2001 Corporations (Victoria) Act 1990 Council of Law Reporting in Victoria Act 1967 County Court Act 1958 Court Security Act 1980 Courts (Case Transfer) Act 1991 Crimes Act 1958 Crimes (Assumed Identities) Act 2004 Crimes at Sea Act 1999 Crimes (Controlled Operations) Act 2004 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997- Except: • Sections 48–55, 57A, 58 and 60–63(1), Division 3 of Part 7 and Part 7A (these provisions are jointly administered with the Minister for Community Services and the Minister for Mental Health) Criminal Procedure Act 2009 Crown Proceedings Act 1958 Cul-de-sac Applications Act 1965 – Except: • In so far as it relates to the management of the Office of the Registrar-General and the Land Titles Office (in so far as it relates to those matters, the Act is administered by the Minister for Environment and Climate Change) Defamation Act 2005 Domestic Building Contracts Act 1995 • Part 5 • The Act is otherwise administered by the Minister for Consumer Affairs Domicile Act 1978 Electoral Act 2002 – Except: • Division 1 of Part 5 (this Division is administered by the Premier) Electoral Boundaries Commission Act 1982 Electronic Transactions (Victoria) Act 2000 Equal Opportunity Act 2010 Evidence Act 2008 Evidence (Commissions) Act 1982 Evidence (Miscellaneous Provisions) Act 1958 Family Violence Protection Act 2008 Federal Courts (State Jurisdiction) Act 1999 Fences Act 1968 – Except: • Section 19 (this provision is administered by the Minister for Environment and Climate Change) Foreign Judgments Act 1962 Guardianship and Administration Act 1986 Imperial Acts Application Act 1980 Imprisonment of Fraudulent Debtors Act 1958 Information Privacy Act 2000 Infringements Act 2006 Instruments Act 1958 – Except: • In so far as it relates to the management of the Office of the Registrar-General and the Land Titles Office (in so far as it relates to those matters, the Act is administered by the Minister for Environment and Climate Change) Interpretation of Legislation Act 1984 Judgment Debt Recovery Act 1984 Judicial College of Victoria Act 2001 Judicial Proceedings Reports Act 1958 Judicial Remuneration Tribunal Act 1995 Judicial Salaries Act 2004 Juries Act 2000 Jurisdiction of Courts (Cross-vesting) Act 1987 Land Acquisition and Compensation Act 1986 Land Act 1958 • In so far as it relates to the exercise of powers relating to leases and licences under Subdivisions 1 and 2 of Division 9 of Part I in respect of land described as Crown allotment 22D of section 30, Parish of Melbourne North being the site of the Victorian County Court • Sections 22C–22E • The Act is otherwise administered by the Assistant Treasurer, the Minister for Corrections, Minister for Environment and Climate Change, the Minister for Health, the Minister for Ports and and the Minister for Roads Land Titles Validation Act 1994 Legal Aid Act 1978 Legal Profession Act 2004 Leo Cussen Institute (Registration as a Company) Act 2011 Leo Cussen Institute Act 1972 Limitation of Actions Act 1958 Local Government Act 1989 • Sections 44–46, 48 and 49 • Section 243 in so far as it relates to municipal electoral tribunals • Schedule 4 • The Act is otherwise administered by the Minister for Local Government and the Minister for Roads Magistrates’ Court Act 1989 Maintenance Act 1965 Major Crime (Investigative Powers) Act 2004 – Except: • Part 3 (this Part is administered jointly with the Minister for Police and Emergency Services) Major Crime (Special Investigations Monitor) Act 2004 Marriage Act 1958 Penalty Interest Rates Act 1983 Perpetuities and Accumulations Act 1968 Personal Property Securities (Commonwealth Powers) Act 2009 Personal Property Securities (Statute Law Revision and Implementation) Act 2010 Personal Safety Intervention Orders Act 2010 Planning and Environment Act 1987 • In so far as it relates to the land along the Ninety Mile Beach that is shown either as “Areas within the Settlement Boundaries” or “Areas outside the Settlement Boundaries” on the plans forming part of the document entitled “Ninety Mile Beach Development and Subdivision Controls: The Honeysuckles to Paradise Beach” and dated August 2007 (revised June 2009) that was incorporated into the Wellington Planning Scheme by Amendment C48 to the Wellington Planning Scheme, and revised by Amendment C61 to the Wellington Planning Scheme, whether or not that document remains incorporated into the Wellington Planning Scheme, except Parts 3C and 9B • Part 3C in so far as it relates to the land along the Ninety Mile Beach that is shown either as “Areas within the Settlement Boundaries” or “Areas outside the Settlement Boundaries” on the plans forming part of the document entitled “Ninety Mile Beach Development and Subdivision Controls: The Honeysuckles to Paradise Beach” and dated August 2007 (revised June 2009) that was incorporated into the Wellington Planning Scheme by Amendment C48 to the Wellington Planning Scheme, and revised by Amendment C61 to the Wellington Planning Scheme, whether or not that document remains incorporated into the Wellington Planning Scheme (in so far as it relates to that land, this Part is jointly administered with the Minister responsible for the Aviation Industry) • Part 9B in so far as it relates to the land along the Ninety Mile Beach that is shown either as “Areas within the Settlement Boundaries” or “Areas outside the Settlement Boundaries” on the plans forming part of the document entitled “Ninety Mile Beach Development and Subdivision Controls: The Honeysuckles to Paradise Beach” and dated August 2007 (revised June 2009) that was incorporated into the Wellington Planning Scheme by Amendment C48 to the Wellington Planning Scheme, and revised by Amendment C61 to the Wellington Planning Scheme, whether or not that document remains incorporated into the Wellington Planning Scheme (in so far as it relates to that land, this Part is jointly and severally administered with the Treasurer) • The Act is otherwise administered by the Minister responsible for the Aviation Industry, the Minister for Planning and the Treasurer Professional Standards Act 2003 Property Law Act 1958 – Except: • In so far as it relates to the management of the Office of the Registrar-General and the Land Titles Office (in so far as it relates to these matters, the Act is administered by the Minister for Environment and Climate Change) Public Notaries Act 2001 Public Prosecutions Act 1994 Relationships Act 2008 Religious and Successory Trusts Act 1958 Residential Tenancies Act 1997 – • Sections 446–448 (except subsection 447(1)), 452, 472, 473, 479 and 485 • The Act is otherwise administered by the Minister for Consumer Affairs, the Minister for Housing and the Minister for Planning Royal Victorian Institute for the Blind and other Agencies (Merger) Act 2005 Senate Elections Act 1958 Sentencing Act 1991- Except: • Subdivision 4 of Division 2 and Division 6 of Part 3 of the Act (these provisions are jointly administered with the Minister for Community Services) • Division 3 of Part 3 of the Act (this Division is jointly administered with the Minister for Corrections) Settled Land Act 1958 Severe Substance Dependence Treatment Act 2010 – • Sections 9-11 and 14-22 • The Act is otherwise administered by the Minister for Mental Health Sheriff Act 2009 St Andrew’s Foundation Act 1997 Stalking Intervention Orders Act 2008 Status of Children Act 1974 Summary Offences Act 1966 Supreme Court Act 1986 Surveillance Devices Act 1999 Telecommunications (Interception) (State Provisions) Act 1988 Terrorism (Commonwealth Powers) Act 2003 Terrorism (Community Protection) Act 2003 • Part 4 (this Part is administered by the Minister for Police and Emergency Services) • Part 6 (this Part is administered by the Premier) Traditional Owner Settlement Act 2010 Transfer of Land Act 1958 – Except: • In so far as it relates to the management of the Office of the Registrar-General and the Land Titles Office (in so far as it relates to those matters, the Act is administered by the Minister for Environment and Climate Change) Trustee Act 1958 Trustee Companies Act 1984 • The Act is jointly administered with the Treasurer Unauthorized Documents Act 1958 Valuation of Land Act 1960 • Divisions 1 and 2 of Part III, Divisions 4 and 5 of Part III where they relate to the determination of appeals by a Land Valuation Division of the Victorian Civil and Administrative Tribunal and Part IV in so far as it relates to the administration of the above provisions • The Act is otherwise administered by the Minister for Environment and Climate Change Victims’ Charter Act 2006 Victims of Crime Assistance Act 1996 Victoria Law Foundation Act 2009 Victoria Park Land Act 1992 Victorian Civil and Administrative Tribunal Act 1998 Victorian Institute of Forensic Medicine Act 1985 Victorian Law Reform Commission Act 2000 Vital State Projects Act 1976 • Sections 5-16 • The Act is otherwise administered by the Premier Wills Act 1997 Working with Children Act 2005 Wrongs Act 1958 – Except: • Part VI (this Part is jointly administered with the Minister responsible for the Aviation Industry) Minister responsible for the establishment of an anti-corruption commission Freedom of Information Act 1982 Independent Broad-based Anti-corruption Commission Act 2011 Public Interest Monitor Act 2011 Victorian Inspectorate Act 2011 Whistleblowers Protection Act 2001 Minister for Bushfire Response Bushfires Royal Commission (Report) Act 2009 Minister for Consumer Affairs Associations Incorporation Act 1981 Australian Consumer Law and Fair Trading Act 2012 Business Licensing Authority Act 1998 Business Names Act 1962 Business Names (Commonwealth Powers) Act 2011 Carriers and Innkeepers Act 1958 Chattel Securities Act 1987– Except: • Part 3 (this Part is administered by the Minister for Roads) Consumer Credit (Victoria) Act 1995 Conveyancers Act 2006 Co-operatives Act 1996 Credit Act 1984 Credit (Administration) Act 1984 Credit (Commonwealth Powers) Act 2010 Disposal of Uncollected Goods Act 1961 Domestic Building Contracts Act 1995 – Except: • Part 5 (this Part is administered by the Attorney-General) Estate Agents Act 1980 Fair Trading Act 1999 Fundraising Act 1998 Funerals Act 2006 Goods Act 1958 Landlord and Tenant Act 1958 Liquor Control Reform Act 1998 Motor Car Traders Act 1986 Owners Corporations Act 2006 Partnership Act 1958 Residential Tenancies Act 1997 • Sections 23A–25, 27, 32, 33, 45–48 , 74–77, 82, 90, 91, 91A,102, 102A, 103, 104(1), 104(4), 104(5), 104(6), 105(2), 105(2A), 105(3), 124, 128, 130–134, 141–142B, 142D– 212, 213AA–215, 230, 232–234, 241, 277, 289A, 291–327, 329–333, 335–339, 341, 343–366, 373–376, 385, 388, 388A, 390, 390A, 395–398, 399A–439, 486–499, 501–504, 505A–510C and 511 • Section 66(1) (this provision is jointly administered with the Minister for Housing) • The Act is otherwise administered by the Attorney-General, the Minister for Housing and the Minister for Planning Retirement Villages Act 1986 Sale of Land Act 1962 Second-Hand Dealers and Pawnbrokers Act 1989 Sex Work Act 1994 Subdivision Act 1988 • Part 5 • Section 43 (in so far is it relates to Part 5) • The Act is otherwise administered by the Minister for Environment and Climate Change and the Minister for Planning Travel Agents Act 1986 Veterans Act 2005 • Part 4 • The Act is otherwise administered by the Minister for Veterans’ Affairs Warehousemen’s Liens Act 1958 Minister for Corrections Corrections Act 1986 Crown Land (Reserves) Act 1978 • Sections 17B, 17BAA, 17BA, 17CA, 17D, 17DAA, 18A and 18B, in so far as they relate to the exercise of powers in relation to the land shown as Crown Allotment 15 on Certified Plan 009176 and Crown Allotment 16 on Certified Plan 1, Section B1, Parish of Ararat, lodged with the Central Plan Office, known as Ararat Prison • The Act is otherwise administered by the Assistant Treasurer, the Minister for Environment and Climate Change, the Minister for Health, the Minister for Major Projects, the Minister for Ports and the Minister for Sport and Recreation International Transfer of Prisoners (Victoria) Act 1998 Land Act 1958 • In so far as it relates to the exercise of powers relating to leases and licences under Subdivision 1 of Division 9 of Part I in respect of – » land identified in Certified Plan 114680-A dated 8 February 1995 » land shown as Allotment 8B, section 13 on Certified Plan 116685 and Allotment 4A, section 17 on Certified Plan 116944 lodged in the Central Plan Office » land shown as hatched on the plan numbered LEGL./95-80 lodged in the Central Plan Office • The Act is otherwise administered by the Assistant Treasurer, the Attorney-General, the Minister for Environment and Climate Change the Minister for Health, the Minister for Ports and the Minister for Roads Parole Orders (Transfer) Act 1983 Prisoners (Interstate Transfer) Act 1983 Serious Sex Offenders (Detention and Supervision) Act 2009 Minister for Crime Prevention Confiscation Act 1997 • Section 134 (this provision is jointly administered with the Attorney-General) • The Act is otherwise administered by the Attorney-General Graffiti Prevention Act 2007 • Part 3 (this Part is jointly and severally administered with the Minister for Police and Emergency Services • The Act is otherwise administered by the Minister for Police and Emergency Services Road Safety Act 1986 • Part 6A (this Part is jointly administered with the Minister for Roads) • The Act is otherwise administered by the Minister for Roads Minister for Gaming Casino Control Act 1991 – Except: • Sections 128H–128L (except for section 128K(2) (these provisions are administered by the Minister for Planning) • Section 128K(2) (this provision is administered by the Assistant Treasurer) Casino (Management Agreement) Act 1993 Gambling Regulation Act 2003 – Except: • Section 2.2.9 (this provision is administered by the Minister for Racing) • Division 5A of Part 5 of Chapter 2 (this Division is jointly administered with the Minister for Racing) • Section 3.4.33 (this provision is administered by the Treasurer) • Division 2 of Part 2 of Chapter 4 (this Division is jointly administered with the Minister for Racing) • Section 4.3.12 (this provision is administered by the Treasurer) • Part 5 of Chapter 4 (this Part is jointly administered with the Minister for Racing) • Division 1 of Part 3 of Chapter 10 (this Division is administered by the Treasurer) Victorian Commission for Gambling and Liquor Regulation Act 2011 Victorian Responsible Gambling Foundation Act 2011 Minister for Police and Emergency Services Australian Crime Commission (State Provisions) Act 2003 Commissioner for Law Enforcement Data Security Act 2005 Control of Weapons Act 1990 Country Fire Authority Act 1958 Emergency Management Act 1986 Emergency Services Telecommunications Authority Act 2004 Firearms Act 1996 Fire Services Commissioner Act 2010 Graffiti Prevention Act 2007 – Except: • Part 3 (this Part is jointly and severally administered with the Minister for Crime Prevention) Major Crime (Investigative Powers) Act 2004 • Part 3 (this Part is administered jointly with the Attorney-General) • The Act is otherwise administered by the Attorney-General Metropolitan Fire Brigades Act 1958 Police Assistance Compensation Act 1968 Police Integrity Act 2008 Police Regulation Act 1958 – Except: • Part III (this Part is administered by the Assistant Treasurer) Private Security Act 2004 Road Safety Camera Commissioner Act 2011 Seamen’s Act 1958 Sex Offenders Registration Act 2004 Terrorism (Community Protection) Act 2003 • Part 4 • This Act is otherwise administered by the Attorney-General and the Premier Unlawful Assemblies and Processions Act 1958 Victoria State Emergency Service Act 2005 Witness Protection Act 1991 Minister for Racing Gambling Regulation Act 2003 • Section 2.2.9 • Division 5A of Part 5 of Chapter 2 (this Division is jointly administered with the Minister for Gaming) • Division 2 of Part 2 of Chapter 4 (this Division is jointly administered with the Minister for Gaming) • Part 5 of Chapter 4 (this Part is jointly administered with the Minister for Gaming) • This Act is otherwise administered by the Minister for Gaming and the Treasurer Racing Act 1958 Victoria Racing Club Act 2006 Legislation enacted in 2011-12 (passed between 1 July 2011 and 30 June 2012) Attorney-General Commercial Arbitration Bill 2011 Courts and Sentencing Legislation Amendment Bill 2012 Criminal Procedure Amendment (Double Jeopardy and Other Matters) Bill 2011 Electronic Transactions (Victoria) Amendment Bill 2011 Evidence (Miscellaneous Provisions) Amendment (Affidavits) Bill 2012 Justice Legislation Amendment Bill 2012 Justice Legislation Further Amendment Bill 2011 Legal Profession and Public Notaries Amendment Bill 2012 Leo Cussen Institute (Registration as a Company) Bill 2011 Public Prosecutions Amendment Bill 2011 Road Safety Amendment (Drinking while Driving) Bill 2011 Sentencing Amendment (Community Correction Reform) Bill 2011 Wills Amendment (International Wills) Bill 2011 Minister responsible for the establishment of an anti-corruption commission Freedom of Information Amendment (Freedom of Information Commissioner) Bill 2011 Independent Broad-based Anti-corruption Commission Bill 2011 Independent Broad-based Anti-corruption Commission Amendment (Examinations) Bill 2012 Independent Broad-based Anti-corruption Commission Amendment (Investigative Functions) Bill 2011 Public Interest Monitor Bill 2011 Victorian Inspectorate Bill 2011 Victorian Inspectorate Amendment Bill 2012 Minister for Corrections Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011 Serious Sex Offenders (Detention and Supervision) Amendment Bill 2011 Minister for Police and Emergency Services Control of Weapons and Firearms Acts Amendment Bill 2011 Emergency Management Legislation Amendment Bill 2011 Emergency Services Legislation Amendment Bill 2011 Justice Legislation Amendment (Protective Services Officers) Bill 2011 Police and Emergency Management Legislation Amendment Bill 2012 Road Safety Camera Commissioner Bill 2011 Minister for Consumer Affairs Associations Incorporation Reform Bill 2011 Australian Consumer Law and Fair Trading Bill 2011 Business Names (Commonwealth Powers) Bill 2011 Consumer Acts Amendment Bill 2011 Liquor Control Reform Further Amendment Bill 2011 Sex Work and Other Acts Amendment Bill 2011 Minister for Gaming Gambling Legislation Amendment (Transition) Bill 2012 Gambling Regulation Amendment (Licensing) Bill 2011 Victorian Commission for Gambling and Liquor Regulation Bill 2011 Victorian Responsible Gambling Foundation Bill 2011 Appendix C Budget portfolio outcomes The budget portfolio outcomes provide comparisons between the actual financial statements of all general government sector entities within the portfolio and the forecast financial information published in Budget Paper No.5 Statement of Finances (BP5). The budget portfolio outcomes comprise the comprehensive operating statements, balance sheets, cash flow statements, statements of changes in equity, and administered item statements. The budget portfolio outcomes have been prepared on a consolidated basis and include all general government sector entities within the portfolio. Financial transactions and balances are classified into either controlled or administered categories consistent with the published statements in BP5. The following budget portfolio outcomes statements are not subject to audit by the Victorian Auditor-General’s Office and are not prepared on the same basis as the department’s financial statements as these include the financial information of the following entities: • Department of Justice • Judicial College of Victoria • Office of Police Integrity • Office of Public Prosecutions • Office of the Victorian Privacy Commissioner • Residential Tenancies Bond Authority • Sentencing Advisory Council • Victoria Police • Victorian Commission for Gambling Regulation • Victorian Commission for Gambling and Liquor Regulation • Victorian Electoral Commission • Victorian Equal Opportunity and Human Rights Commission • Victorian Institute of Forensic Medicine • Victorian Law Reform Commission • Victorian State Emergency Service Authority. Operating statement for the year ended 30 June 2012 Department of Justice 2011–12 Actual ($ million) 2011–12 Variation Published (a) Budget % ($ million) Income from transactions Output appropriations 3,977.4 4,121.7 (3.5) Special appropriations 115.1 130.0 (11.5) 92.3 99.9 (7.6) 4.0 6.1 (34.4) 63.3 87.4 (27.6) 0.2 0.0 100.0 33.3 22.4 48.7 Interest Sale of goods and services Grants Fair value of assets and services received free of charge or for nominal consideration Other income Total income from transactions 4,285.6 4,467.5 (4.1) 2,310.4 2,232.8 3.5 160.6 193.3 (16.9) 39.5 46.4 (14.9) Grants and other transfers 358.4 390.7 (8.3) Capital asset charge 186.9 186.9 0.0 Other operating expenses 1,218.2 1,380.1 (11.7) Total expenses from transactions 4,274.0 4,430.2 (3.5) 11.6 37.2 (68.8) 9.0 10.7 (15.9) (18.3) 0.0 (100.0) (9.3) 10.7 (186.9) 2.3 48.0 (95.2) (15.5) 0.0 (100.0) 5.1 0.0 100.0 (10.4) 0.0 (100.0) (8.1) 48.0 (116.9) Expenses from transactions Employee benefits Depreciation and amortisation Interest expense Net result from transactions (net operating balance) Other economic flows included in net result Net gain/(loss) on non-financial assets Other gains/(losses) from economic flows Total other economic flows included in net result Net result Other economic flows – other non-owner changes in equity Asset revaluation reserve Other Total other economic flows – other non-owner changes in equity Comprehensive result (a) Variation between 2011–12 Actual and 2011–12 Published Budget Balance sheet as at 30 June 2012 Department of Justice 2011–12 Actual ($ million) 2011–12 Variation Published (a) Budget % ($ million) Assets Financial assets Cash and deposits 113.8 158.7 (28.3) Receivables 664.7 716.4 (7.2) Other financial assets 421.7 417.9 0.9 1,200.2 1,293.0 (7.2) Inventories 12.3 11.1 10.8 Non-financial assets classified as held for sale, including disposal group assets 22.6 5.1 343.1 3,613.8 2,938.4 23.0 100.5 68.2 47.4 8.1 7.6 6.6 Total non-financial assets 3,757.3 3,030.4 24.0 Total assets 4,957.5 4,323.4 14.7 Payables 199.2 279.0 (28.6) Borrowings 429.2 658.9 (34.9) Provisions (b) 653.4 608.6 7.4 Total financial assets Non-financial assets Property, plant and equipment Intangible assets Other Liabilities Total liabilities 1,281.8 1,546.4 (17.1) Net assets 3,675.7 2,777.0 32.4 637.0 652.6 (2.4) Reserves 1,560.7 554.1 181.7 Contributed capital 1,478.0 1,570.3 (5.9) Total equity 3,675.7 2,777.0 32.4 Equity Accumulated surplus/(deficit) (a) Variation between 2011–12 Actual and 2011–12 Published Budget (b) Includes employee costs and superannuation Statement of changes in equity for the year ended 30 June 2012 Department of Justice 2011–12 Actual ($ million) 2011–12 Published Budget ($ million) Variation (a) % 629.6 604.6 4.1 (8.1) 48.0 (116.9) Accumulated surplus/(deficit) Opening balance Comprehensive result Transactions with owners in their capacity as owners Closing balance 15.5 0.0 100.0 637.0 652.6 (2.4) 1,380.9 1,379.8 0.1 97.1 190.5 (49.0) 1,478.0 1,570.3 (5.9) 1,576.2 554.1 184.5 Contributions by owners Opening balance Transactions with owners in their capacity as owners Closing balance Asset revaluation reserve Opening balance Transactions with owners in their capacity as owners (15.5) 0.0 (100.0) Closing balance 1,560.7 554.1 181.7 Total equity 3,675.7 2,777.0 32.4 (a) Variation between 2011–12 Actual and 2011–12 Published Budget Cash flow statement for the year ended 30 June 2012 Department of Justice 2011–12 Actual ($ million) 2011–12 Variation Published (a) Budget % ($ million) Cash flows from operating activities Receipts Receipts from Government 4,097.3 4,255.9 (3.7) Receipts from other entities 85.6 96.7 (11.5) Interest received 94.2 99.3 (5.1) Other receipts 28.3 15.5 82.6 Total receipts 4,305.4 4,467.4 (3.6) (358.2) (391.2) (8.4) (3,518.5) (3,577.5) (1.6) (186.9) (186.9) 0.0 (39.3) (46.1) (14.8) Payments Payments of grants and other transfers Payments to suppliers and employees Capital asset charge Interest and other costs of finance paid Total payments (4,102.9) (4,201.7) (2.4) 202.5 265.6 (23.8) Net investment (232.6) (96.2) 141.8 Payments for non-financial assets (215.0) (353.6) (39.2) 31.3 34.0 (7.9) (21.7) 0.0 (100.0) (438.0) (415.8) 5.3 98.0 190.5 (48.6) Repayment of finance leases (27.4) (22.4) 22.3 Net borrowings 182.8 Net cash flows from/(used in) financing activities 253.4 162.5 55.9 Net increase/(decrease) in cash and cash equivalents 17.9 12.4 44.4 Cash and cash equivalents at beginning of the financial year 95.9 146.3 (34.4) 113.8 158.7 (28.3) Net cash flows from/(used in) operating activities Cash flows from investing activities Proceeds from sale of non-financial assets Net loans to other parties Net cash flow from/(used in) investing activities Cash flows from financing activities Owner contributions by State Government Cash and cash equivalents at end of the financial year (5.7) (3,307.0) (a) Variation between 2011–12 Actual and 2011–12 Published Budget Administered items statement for the year ended 30 June 2012 Department of Justice 2011–12 Actual ($ million) 2011–12 Variation Published (a) Budget % ($ million) Administered income Appropriations - Payments made on behalf of the State 41.1 54.5 (24.6) Special appropriations 46.9 57.2 (18.0) 170.8 150.3 13.6 Grants 3.2 19.5 (83.6) Interest 0.7 0.0 100.0 Other income 2,531.2 2,489.2 1.7 Total administered income 2,793.9 2,770.7 0.8 Expenses on behalf of the State 23.9 13.1 82.4 Grants and other transfers 37.2 52.6 (29.3) Payments into the Consolidated Fund 2,804.0 2,507.4 11.8 Total administered expenses 2,865.1 2,573.0 11.4 (71.2) 197.6 (136.0) 0.7 0.7 0.0 Net gain/(loss) on financial instruments and statutory receivables/payables (267.8) (164.8) 62.5 Total other economic flows included in net result (267.1) (164.1) 62.8 Net result (338.3) Sale of goods and services Administered expenses Income less expenses Other economic flows included in net result Net gain/(loss) on non-financial assets 33.5 (1,109.9) Other economic flows – other movements in equity Other movements in equity (0.6) 0.0 (100.0) Total other economic flows – other movements in equity (0.6) 0.0 (100.0) Comprehensive result (338.9) 33.5 (1,111.6) Administered assets Cash and deposits 52.7 72.3 (27.1) Receivables 714.1 613.8 16.3 Other assets (3.0) 10.8 (127.8) 763.8 696.9 9.6 612.4 234.7 160.9 2.2 2.0 10.0 Total administered liabilities 614.6 236.6 159.8 Net assets 149.2 460.3 (67.6) (1.5) (1.9) (21.1) Accumulated surplus/(deficit) 150.7 462.2 (67.4) Total equity 149.2 460.3 (67.6) Total administered assets Administered liabilities Payables Provisions Equity Contributed Capital (a) Variation between 2011–12 Actual and 2011–12 Published Budget Appendix D Victorian Industry Participation Policy, audit and risk, consultancies Risk Attestation for the Department of Justice 2011-2012 The Department of Justice 2011-2012 attestation is supported by: a. maturation of departmental risk management frameworks, processes, policy and templates, supported by the establishment of a stand alone Risk and Audit Directorate of the department b. strengthened risk management attestation processes at departmental, divisional and business unit levels, which include validation of key controls and treatment strategies, and the increased use of risk workshops to improve capability c. improved reporting to key governance and accountability functions. The department’s Audit and Risk Management Committee plays an important role as part of the department’s approach to risk management governance and helps to ensure that departmental systems for identifying and monitoring risks are operating as intended. Attestation I, Claire Noone, Acting Secretary of the Department of Justice, certify that the Department of Justice is developing and progressively implementing risk management processes that are consistent with the International Risk Management Standard and the Victorian Government Risk Management Framework. Operating in the context, as set out above, an internal control system is being progressively matured to enable the department’s Executive to understand, manage and satisfactorily control risk exposures. The Department of Justice Audit and Risk Management Committee endorses this assurance and that the risk profile of the Department of Justice has been reviewed within the last 12 months. Kevin Quigley Chair Audit and Risk Management Committee Date 27 July 2012 Dr Claire Noone Acting Secretary Department of Justice Date 30 July 2012 Victorian Industry Participation Policy The Victorian Industry Participation Policy (VIPP) applies to all government projects with a value of more than $3 million in metropolitan Melbourne and more than $1 million in regional Victoria. All short-listed bidders who fall within the VIPP guidelines are required to complete a statement outlining the level of local content, and possible skills and technology transfers the project could create. If two or more bidders are found to offer equivalent value for money in the tender evaluation phase, the policy statements are used to identify the bidder with the best outcomes for Victorian industry. New contracts in 2011-12 to which the VIPP applied Contracts Regional/metro Value % Skills and technology content Jobs ($m) Local transfer Transfer of specialist forensic 100 alcohol and other drug treatment to new employees Services Agreement Alcohol and Other Drug Programs Regional and Metro 44.28 Services Agreement, Primary Health Services Regional and Metro 378.2 105 100 32 Training opportunities for new staff including graduate nurses Swan Hill Harness Racing Track Redevelopment Regional 1.170 7 100 Nil Swan Hill Racing Precinct Lighting Regional 1.741 11 90 Ongoing training during works Disclosure of major contract compliance The department has disclosed all contracts entered into during 2011-12 for goods and services and construction greater than $100,000 (inc GST). The disclosed contracts can be viewed at www.tenders.vic.gov.au. Where contracts exceed $10 million, the contracts were disclosed (in part or full) except for certain material that is categorised within one or more criteria contained in Part IV of the Freedom of Information Act 1982. Summary of consultancies engaged in 2011-12 Consultancies with a value less than $100,000 There were six new consultancies engaged with a value less than $100,000. Total approved project ($ ex GST) Business unit Consultant Project Neighbourhood Justice Centre Richmond State Action Citizens Jury in Richmond Group Expenditure Future fee 2011-12 ($ ex GST) ($ ex GST) $41,995 $10,060 $31,935 Hunter Courts and Consulting Tribunals Group Group Development of Senior Managers’ Group Action Plan $11,000 $6,800 $4,200* Courts and Effective Tribunals Group Change Evaluation of the Family Court Intervention Program $90,000 $0.00 $90,000 Therapeutic Justice team KPMG Evaluation of the Assessment and Referral Court List $90,000 $0.00 $90,000 Strategic Policy and Legislation Ernst and Young PSIO Act Evaluation $15,000 $0.00 $15,000 Security Risk Assessment and Advice for the Establishment of the Public Interest Monitor and Victorian Inspectorate $41,000 $0.00 $41,000 Integrity Reform Trusted Project Impact * Consultancy completed NOTE: Consultancy expenditure to end May 2012 Consultancies with a value greater than $100,000 There were two new consultancies with a value of over $100,000. Total approved project ($ ex GST) Expenditure 2011-12 ($ ex GST) Future fee ($ ex GST) Evaluation of Neighbourhood Justice Centre $150,000 $0.00 $150,000 Sentence Management Review $115,954 $0.00 $115,954 Business unit Consultant Project Courts and Tribunals Group KPMG Corrections Victoria Cube Appendix E Environmental performance and targets In accordance with Financial Reporting Direction 24C (FRD 24C), the department is required to report annually on its environmental performance. The direction sets minimum reporting requirements for office-based activities. Since 2007-08, the department has expanded its reporting criteria to include operational areas such as correctional centres, courts and Justice Service Centres. Ninety-one per cent of the department’s environmental impacts are from operational areas. Highlights of the department’s environmental program during 2011-12 are: • the Secretary’s Environmental Initiatives Fund earned a commendation from the Commissioner for Environmental Sustainability in the 2012 Strategic Audit Report. This initiative is in its fifth year of operation and encourages staff to implement initiatives to reduce operational environmental impacts. During the year, 20 projects, ranging from renewable energy, water and waste-monitoring projects to educational programs, have been supported. • the department worked with the Department of Sustainability and Environment (DSE) to develop and test a Whole of Victorian Government (WOVG) Electronic Data Management System (EDMS). The objective of the EDMS is to improve the consistency of environmental reporting and benchmarking for the State Government. • the delivery of environmental legal requirements training sessions to correctional staff representing all prison industries. The sessions were designed to assist staff to comply with the Environmental Protection Agency’s requirements for industrial operations. Ninety-one per cent of participants thought the training significantly raised their awareness of compliance obligations. • the development of an operational Environmental Management Plan (EMP) for 2012-13. The environment team facilitated a workshop for all operational business units and regional representatives in order to develop and capture environmental actions in the department’s annual EMP. • ten general environmental training sessions and presentations were delivered to regional and corporate business units. • the promising results from the annual Justice for the Environment survey: on average, 38 per cent of staff used public transport to travel to work over a period of one week; more than 70 per cent of staff dispose of their waste in the appropriate recycling bins. The following information relates to the department’s achievements during 2011-12 within the key environmental focus areas. Energy The variety of energy reduction projects implemented this year has assisted the department to exceed its three per cent energy reduction target. Energy use per square metre (m2) for office and operational facilities combined has declined by eight per cent compared with 2006-07 levels. Examples of energy reduction projects include the: • installation of solar panels to support the operation of farm equipment at Tarrengower Prison • installation of solar hot water services in accommodation units at Wulgunggo Ngalu Learning Place • fitting of LED (light emitting diode) lighting and occupancy sensors at an office, two courts, two complexes and four correctional centres • inclusion of ecologically sustainable design (ESD) elements in the refurbishment of the Mildura Justice Service Centre, Loddon region; for example, double-glazed windows to reduce cooling and heating requirements • de-lamping of light fittings at three offices to reduce energy usage. The 2012-13 energy target (office and operational facilities): • achieve a two per cent decrease in megajoules (MJ) per m2 compared to 2006-07 levels. Water The 2011-12 target for water was a two per cent reduction of 2006-07 levels; however, due to the easing of water restrictions in March 2011, this target was not achieved. Examples of the department’s water reduction initiatives include: • real time metering at Melbourne Magistrates’ Court • real time sub-metering at Dame Phyllis Frost Centre to help identify potential leaks and understand water use patterns to assist in water management • installation of an ozone laundry at the Dame Phyllis Frost Centre. The 2012-13 water target (office and operational facilities): • introduce water use monitoring at a recently expanded correctional site. Paper The department’s paper reduction strategies focus on changing staff behaviour and business processes. Examples of initiatives this year include: • the Box Hill Justice Service Centre has changed its processes so that it receives electronic Working With Children Check results. This has led to a 38 per cent reduction in paper use. • a PIN print program trialled in the Gippsland region to reduce the ‘orphaned document syndrome’ increased compliance with privacy requirements and reduced paper use by 57 per cent during the first and second quarter of this year • printer settings were adjusted to default to double-sided printing • paper reduction initiatives were included in all Regional Environmental Action Plans • the 2011-12 paper reduction target was to increase the A4 paper recycled content to 75 per cent or greater. The department has exceeded this target, with 84 per cent of paper having a recycled content of 75 per cent or more. The 2012-13 paper target (office and operational facilities): • ninety per cent of all white A4 paper purchased through the WOVG stationery provider to have at least 80 per cent recycled content. Procurement The department continues to implement its Sustainable Procurement Policy by: • conducting a review of timber purchased on behalf of industries within correctional centres in order to increase the level of sustainable timber purchased • encouraging departmental printing suppliers to be accredited to the Finsbury Green (the Victorian Government’s print manager) star rating system. This system rates suppliers based on criteria such as the use of environmentally friendly materials and maintaining an operational Environmental Management System. • including environmental sustainability clauses within operational contracts • the 2011-12 target was to capture the ‘green spend’ on stationery purchased via Corporate Express. This target is being achieved by tracking expenditure reports. The 2012-13 procurement target (office and operational facilities): • embed ESD features within major construction, demolition and retrofit projects. Sustainable transport The department is committed to reducing the impact of operational travel on the environment by: • encouraging the use of public transport for business purposes through the provision of myki tickets • increasing the use of teleconferencing by providing appropriate facilities • encouraging participation in forums and training using ‘webinars’ • the department’s 2011-12 target was to develop baseline data indicating the level of sustainable transport for work-related travel. Due to a change of priorities, efforts were redirected to other environmental targets and this target was not met. The 2012-13 transport target (office and operational facilities): • increase accessibility and use of videoconferencing facilities at head office. Waste The department is committed to minimising waste generation from its offices and operational facilities. It has developed a five-year waste management strategy that aims to increase recycling and improve procurement practices. The department’s 2011-12 target was to make recycling systems available at 70 per cent of sites. The department has achieved this target and aims to expand these systems over the coming year. Examples of waste reduction projects include: • the development of waste reduction action plans for five correctional centres, including tracking waste generation against an established baseline, and communication and education campaigns to encourage behaviour change • training staff about waste reduction strategies based on site-specific audit recommendations. This has occurred in five courts, three correctional centres and six Justice Service Centres. • establishment of industrial worm farms at several Justice Service Centres and correctional centres. The 2012-13 waste target (office and operational facilities): • increase the number of locations that have organic waste systems to 25 per cent. Training and awareness New staff are introduced to the environment program at departmental induction sessions. The sessions show staff how they can reduce the department’s environmental impacts. The environment team uses available social media (for example, yammer) to raise awareness of all environment-related news and training. Training is available and is able to be tailored to meet the needs of a particular region or business unit; for example, environmental catalyst training has been designed to support regional representatives and business coordinators who have an environmental advocacy role within the department. The Community Correctional Services unit collaborates with universities, the community and local governments to develop and implement appropriate offender training and initiatives. An example of this is the award-winning Green Wheels of Justice project, which arranged for offenders to repair and refurbish donated bicycles to encourage sustainable transport within the community. The 2011-12 target was to raise staff awareness of the environmental management plan (EMP) and regional environmental action plans (REAPs) to over 50 per cent. The 2012 survey results indicate that 48 per cent of staff are aware of these plans. The 2012-13 training and awareness target (office and operational facilities): • monitor staff awareness of the environmental management program. Environmental performance report The following data has been prepared in accordance with Financial Reporting Direction 24C of the Financial Management Act 1994, and the Global Reporting Initiative indicators EN3, EN4, EN8, EN16, EN17, EN22 and EN29. The department’s environmental performance data for office-based and operational activities has been separated to provide a clear picture of the outcomes of actions across Justice. Data used in the 2011-12 report is derived from information received between April 2011 and March 2012. The office-based environment The department provides administrative services from 42 office locations across the state, including a central office complex in Melbourne, regional offices and 16 Justice Service Centres. These offices accommodate up to 3,500 staff members. A number of the smaller offices are open for as little as half a day once a fortnight, and are co-located within host buildings such as council buildings. In these cases, data is not separately billed or apportioned and cannot be reported on. Table 1: Summary trend report for office facilities 2011-12 trend 2011-12 trend 2006-07 2008-09 2009-10 2010-11 2011-12 compared to 2006- compared to 201007 (per cent) 11 (per cent) Energy (MJ/m2 ) 476 336 333 335 335 -30 0 Waste (kg/FTE) 73 69 69 73 66 -10 -10 Paper (reams/FTE) 21 21 20 22 25 19 13 Water (kL/FTE) 12 12 12 13 13 8 0 0.33 0.25 0.24 0.24 0.23 -30 -4 Transportation fleet (tonnes CO2e/1,000km) Notes FTE: Full Time Equivalent At sites where a complete year of bills is not available, data has been extrapolated. Data has been extrapolated to reflect a complete year of usage at sites that do not have the data sets available. Table 2: Office-based energy use 2011-12 Total energy usage segmented by primary source — megajoules (MJ) Electricity 17,462,198 Electricity (GreenPower) 1,382,692 Natural gas 3,238,085 LPG - Total 22,082,975 Total greenhouse gas emissions segmented by primary source (tonnes of CO2e) Electricity 6,645 Electricity (GreenPower) - Natural gas 179 LPG - Total 6,825 Energy used per FTE (MJ /FTE) 7,493 Energy used per unit of office space (MJ/m2) 335 Cost of GreenPower ($) 16,930 GreenPower purchased (per cent) 6 Notes Office-based energy data covers 47 per cent of the total department’s FTE and 18 per cent of all department locations. Totals include DSE’s percentage bulk purchase of GreenPower electricity; the cost of this is detailed in the notes for Table 7: Total energy usage 2011-12. Since June 2011, the department has not purchased GreenPower as it is no longer a mandatory requirement. This has reduced GreenPower consumption by 12 per cent. Table 3: Office-based waste 2011-12 Description Total Per FTE Landfill (kg) 33,305 14.9 Recycling (kg) 102,453 45.9 Compost (kg) 10,500 4.7 146,258 65.6 Recycling rate (per cent) 77 - Greenhouse emissions from waste to landfill (tonnes of CO2e) 40 - Total (kg) Notes Waste data is based on waste audits covering 33 per cent of the department’s total FTE and nine per cent of departmental locations. A five-day waste audit was undertaken at 121 Exhibition Street, covering 29 per cent of the department’s FTE. Three one-day audits occurred at two regional offices and one metro office location. The waste data has been extrapolated in accordance with FRD 24C guidelines to reflect a complete year’s waste stream. Data does not include e-waste (computers, telephones and multi-functional devices). Table 4: Office-based paper use 2011-12 Description 2011-12 Reams 73,204 Reams per FTE 25 Recycled content (per cent) >75 per cent 90 50–75 per cent - <50 per cent 10 Greenhouse gas emissions associated with paper use (tonnes CO2e) 348 Notes Paper usage data was provided by the WOVG supplier, Corporate Express. Paper usage in the ‘less than 50 per cent recycled content’ category includes mainly A3 white paper and A4 coloured paper. Table 5: Office-based potable water use 2011-12 Description 2011-12 Per year (kL) 35,651 Per FTE (kL) 13 Per m 2 (kL) 0.6 Notes Office-based water data covers 46 per cent of the department’s FTE and 18 per cent of the department’s locations. Combined operational and office-based environmental performance Since 2007-08, the department has expanded its environmental reporting to include operational areas. Due to the unique and diverse services provided by the department, the combined operational and office-based data collected is not comparable with other departments. Data on energy use and water consumption is managed and provided directly by service providers. Operational areas include correctional centres, courts and complexes (Justice Service Centres and a combination of other office services and court facilities). The office-based data in tables 2–5 has been included to present the total departmental environmental performance. The department has built and upgraded several buildings. This increase in operational areas will affect the department’s energy and water use. Table 6: Summary trend report for combined operational and office-based facilities 2006- 07 2008-09 2009-10 2010-11 2011-12 2011-12 trend compared to 2006-07 (per cent) 2011-12 trend compared to 2010-11 (per cent) Energy ( MJ/m2) 864 824 804 877 796 -8 -9 Paper (reams/FTE) 15 18 17 17 19 27 12 1.07 1.12 1.10 1.11 1.19 11 7 Water (kL/m2) Notes Sites where a complete year of bills is not available have been extrapolated to reflect a complete year of usage. Data has been extrapolated to reflect a complete year of usage at sites that do not have the data sets available. Table 7: Total energy usage 2011-12 Description 2011-12 Total energy usage segmented by primary source (MJ) Electricity Electricity (GreenPower) Natural gas 131,544,119 16,713,015 100,265,884 LPG 43,571,916 Total 292,094,934 Total greenhouse gas emissions segmented by primary source (tonnes of CO2e) Electricity Electricity (GreenPower) 50,425 - Natural gas 5,548 LPG 2,850 Total 58,823 Cost of GreenPower ($) GreenPower purchased (per cent) 241,673 14 Notes Operational energy data covers 54 per cent of the department’s FTE and 82 per cent of the department’s total locations. The office energy data covers six per cent of the department’s FTE and eight per cent of the department’s total locations. Prisons – residential facilities that operate 24 hours a day – are one of the State’s largest energy users. Totals provided have not been apportioned against staff or prisoner numbers. Table 8: Total department paper usage 2011-12 Description Correctional centres Courts Complexes Office-based Reams Total 19,726 32,926 8,650 73,204 133,87 6 76 79 76 90 84 - - - - - 24 21 24 10 16 94 153 41 348 636 Recycled content (per cent) >75 per cent 50-75 per cent <50 per cent Greenhouse gas emissions associated with paper use (tonnes CO2e) Notes Paper usage data was provided by the WOVG supplier, Corporate Express. Paper not purchased through the WOVG supplier is unaccounted for. Paper usage in the ‘less than 50 per cent recycled content’ category includes mainly A3 white paper and A4 coloured paper. The totals provided have not been apportioned against staff or prisoner numbers. Table 9: Total department potable water usage 2011-12 Kilolitres Kilolitres/m2 Correctional centres Courts Complexes Office-based Total 339,996 37,235 8,606 37,443 423,280 1.93 0.37 0.46 0.60 1.19 Notes Operational water data covers 54 per cent of the department’s total FTE and 80 per cent of the department’s total locations. Prisons – large residential facilities that operate 24 hours a day – are one of the State’s largest water users; however available controls give limited results. Totals provided are not apportioned against staff or prisoner numbers. Table 10: Total department transportation (vehicle fleet performance by fuel type) 2011-12 Description Passenger fleet Other Total Judicial vehicles Fuel consumption (megajoules) Petrol 23,663,760 4,989,627 28,653,387 18,755,618 Diesel 36,054 8,325,790 8,361,844 66,228 LPG 1,691,055 528,995 2,220,050 40,292 E-10 107,359 97,587 204,950 125,313 Total 25,498,228 13,941,999 39,440,227 18,987,451 8,714,051 1,310,261 10,024,313 4,871,627 Distance travelled (kilometres) Petrol Diesel 9,830 1,888,606 1,898,436 19,572 LPG 463 ,583 130, 275 593,858 11,316 E-10 32,415 29,462 61,877 37,985 Total 9,219,880 3,358,605 12,578,484 4,940,500 Greenhouse gas emissions (tonnes CO2e) Petrol 1,709 360 2069 1355 Diesel 2.71 65 628 5 LPG 110 34 145 3 E-10 0.03 6 6 8 Total 1,822 1,026 2,848 1,371 Greenhouse gas emissions efficiency (tonnes CO2e/1,000km) Petrol 0.20 0.28 0.21 0.28 Diesel 0.28 0.33 0.33 0.25 LPG 0.24 0.27 0.24 0.23 E-10 0.00 0.22 0.10 0.22 Total 0.20 0.31 0.23 0.28 Notes The Total column is the total value for ‘Passenger Fleet’ and ‘Other’. Fleet data is sourced from vehicle logbooks and fuel purchase records (both fuel cards and petty cash records) (approved fleet growth is not included). Departmental fleet data includes a number of statutory entities. Fleet data is separated into passenger vehicles and ‘other’. ‘Other’ includes optional reporting of commercial vehicles and the departmental executive fleet. Judicial vehicles (judges, VCAT members and magistrates) are reported separately and not included in the department’s total as required by FRD 24C. The department is unable to influence judicial vehicle allocations. Table 11: Total department transportation (international and domestic air travel) 2011-12 Description Total Distance travelled (kilometres) 1,837,883 Greenhouse gas emissions (tonnes CO2e) 1,189 Notes Departmental air travel data includes a number of statutory entities, excluding the Office of Public Prosecutions, which independently discloses its air travel. Table 12: Total department transportation (sustainable transport) 2011-12 Option Total (% of FTE staff) Public transport 37.7 Cycle/walk 8.5 Drove alone 35.7 Drove with at least one passenger or travelled as a passenger 10.7 Other (e.g. working from home) 7.4 Notes Sustainable transport information is taken from the department’s environment survey completed in June 2012. Table 13: Departmental greenhouse gas inventory (tonnes CO2e) 2011 -12 Associated with Energy use Office-based Correction centres Courts Complexes Total 6,694 37,710 13,241 3,323 60,968 Vehicle fleet 2,848 Air travel 1,189 Waste production 40 Paper use 636 Total 65,681 Notes Greenhouse gas emissions are based on the federal Department of Climate Change and Energy Efficiency National Greenhouse Gas emissions factors, July 2011. Appendix F People management Workforce data Staffing numbers (FTE) 30 June 2011 30 June 2012 Executive Management 10.6 7.6 542.5 0 Police, Emergency Services & Corrections Police & Emergency Management 0 87.5 Corrections, Health & Crime Prevention 0 505.1 3,125.3 3,170.8 Strategic Projects & Planning 311.3 318.3 Consumer Affairs 450.5 421.8 Strategy Policy & Legislation (formerly Legal & Equity) 383.1 341.7 1,591.1 1,548.8 478.7 408.7 Regional & Executive Services Courts Community Operations & Strategy Gaming & Racing Total 265.5 87.7 7,158.6 6,898.0 Variations can be attributed, in part, to: Machinery of Government change of employees from Responsible Alcohol Victoria to Victorian Commission for Gambling & Liquor Regulation. Sustainable Government Initiative. Fixed term & casual Ongoing Employees (Head Full time count) (Head count) Part time (Head count) Full time equivalent (FTE) Full time equivalent (FTE) As at 30 June 2011 6,516 5,901 615 6,283.9 874.7 As at 30 June 2012 6,440 5,804 636 6,203.1 694.9 As at 30 June 2011 Ongoing As at 30 June 2012 Fixed term & Casual Ongoing Fixed term & Casual Headcount FTE FTE Headcount FTE FTE Male 2,970 2,946.2 405.0 2,905 2,882.5 292.9 Female 3,546 3,337.7 469.7 3,535 3,320.6 402.0 358 350.5 113.8 313 307.0 87.4 25–34 1,654 1,600.4 333.9 1,626 1,571.5 263.1 35–44 1,640 1,552.9 178.3 1,622 1,524.5 147.5 45–54 1,665 1,617.7 168.4 1,640 1,594.1 121.2 55–64 1,081 1,052.9 74.8 1,108 1,083.1 66.9 118 109.5 5.5 131 122.9 8.8 Gender Age Under 25 Over 64 As at 30 June 2011 Ongoing Classification VPS 1 As at 30 June 2012 Fixed term & Casual Fixed term & Casual Ongoing Employees (Head count) Employees (FTE) Employees (FTE) Employees (Head count) Employees (FTE) Employees (FTE) 15 10.9 1.0 11 7.1 0.7 VPS 2 977 915.7 165.0 916 860.7 130.2 VPS 3 843 810.8 154.9 783 746.9 128.1 VPS 4 650 624.4 76.7 626 601.9 42.2 VPS 5 681 656.7 84.2 640 611.8 53.3 VPS 6 571 551.3 31.6 556 535.3 23.3 STS 14 14.0 - 17 17.0 - Executives 60 59.5 1.0 52 51.5 - Trainee Registrar 158 153.6 1.0 163 161.8 - Deputy Registrar 49 46.4 1.0 56 53.8 - Registrar Grade 3 173 149.1 6.0 179 153.2 - Registrar Grade 4 29 27.7 1.0 33 31.8 0.6 Registrar Grade 5 17 16.3 - 22 21.0 - Registrar Grade 6 22 22.0 - 24 24.0 - Clerks of Court Community Corrections Officers Trainee CCO 132 128.5 41.6 144 137.2 54.3 CCO 43 39.5 0.8 31 27.0 - Leading CCO 129 126.8 7.0 182 178.5 5.0 Senior CCO 106 99.0 - 113 106.1 1.0 Officer in Charge 19 18.8 - 20 19.6 - Location Manager 11 11.0 - 14 14.0 1.0 General Manager 10 10.0 - 9 9.0 - Custodial Officers COG 1 - - 44.4 2 2.0 16.0 COG 2a 889 882.9 235.9 934 928.9 224.9 COG 2b 433 431.9 2.7 440 438.3 1.0 COG 3 144 144.0 - 141 141.0 1.0 COG 4 34 34.0 - 35 35.0 - COG 6 9 9.0 - 9 9.0 1.0 Sheriff’s Officer 62 62.0 - 51 51.0 - Senior Sheriff’s Officer 87 86.3 - 91 90.0 - Supervisor 20 19.7 - 21 20.7 - Regional Manager 8 8.0 - 9 9.0 - Deputy Sheriff 2 2.0 - 2 2.0 - Allied Health 82 78.6 7.8 88 82.3 10.3 Legal Officers 12 11.2 1.0 10 9.2 - Other 25 22.3 10.1 6 5.5 1.0 Sheriff’s Officers Notes All figures reflect active employees in the last pay period of June each year. The figures exclude those persons on leave without pay or absent on secondment, external contractors/consultants, temporary staff employed by employment agencies, and a small number of people who are not employees but appointees to a statutory office, as defined in the Public Administration Act 2004 (e.g. persons appointed to a non-executive board member role, to an office of commissioner, or to a judicial office). ‘Ongoing employee’ means people engaged on an open-ended contract of employment and executives engaged on a standard executive contract who were active in the last pay period of June. The following agencies are discrete agencies within the Justice portfolio. The heads of these agencies are Public Service Body Heads who employ public servants independent of the departmental Secretary. These agencies are required to produce their own annual reports. Employee numbers for these agencies are published in those annual reports: • Office of Police Integrity • Office of Public Prosecutions • Victoria Police • Victorian Electoral Commission • Victorian Government Solicitor’s Office • Victorian Privacy Commission • Victorian Equal Opportunity and Human Rights Commission • Special Investigations Monitor • Victorian Commission for Gambling and Liquor Regulation. Reconciliation of executive numbers at 30 June 2012 The number of executive officers in the report of operations is based on the number of executive positions that are occupied at the end of the financial year. The remuneration of executives as reported in note 28 of the financial statements lists the actual number and remuneration paid to executive officers over the course of the reporting period. The total annualised employee equivalent represents the equivalent to all executive officers working 38 ordinary hours per week for the reporting period. The note does not distinguish between executive levels, nor does it disclose separations, vacant positions, executives whose remuneration is below $100,000, nor does it include the Accountable Officer. Separations are those executives who have left the department during the financial year. Disclosures in the report of operations contain information on: • executive classifications • gender composition of the classifications • variations between the current and previous reporting period. The reconciliation of executive numbers between the report of operations and remuneration of executives is to improve the transparency and completeness of the information that is disclosed. For executive numbers across the Victorian Public Service, the department has included executive numbers for all portfolio entities. Executive officers definition For a department, an executive officer is a person employed as an executive under Part 3, Division 5 of the Public Administration Act 2004. The total group of executives is classified into two distinct categories based on the following definitions: • ongoing executives are executives who are responsible for functions or outputs that are expected to be ongoing at the reporting date • special projects executives are executives who are employed for a specific project. These projects are generally for a fixed period and relate to a specific government priority. For portfolio entities, an executive officer is a person employed as an executive officer at an annual remuneration rate not less than an executive officer employed by a department. The definition of an executive officer does not include Governor-in-Council appointments as statutory office holders. Portfolio entities definition A portfolio entity is defined as a public entity under the Public Administration Act 2004. The following tables disclose the executive officers of the department and its portfolio entities for 30 June 2011: • table 1 reports the number of executive officers in the categories of ongoing and special projects and the total numbers of executive officers for the department • table 2 provides a breakdown of executive officers according to gender of male and female for the categories of ongoing and special projects • table 3 provides a reconciliation of executive numbers between the report of operations and remuneration of executives as reported in note 28 of the financial statements • table 4 provides the total executive numbers for the department’s portfolio entities. Tables 1 to 4 also report the variations between the current and previous reporting periods and current vacancies. Table 1: Number of executive officers classified into ongoing and special projects All Ongoing Special projects Classification No. Var No. Var No. Var Secretary 1 - 1 - - - EO1 1 -1 1 -1 - - EO2 28 -2 27 -2 1 - EO3 34 -3 34 -1 - -2 Total 64[a] -6 63 -4 1 -2 [a] Includes seven vacancies at 30 June 2012 Table 2: Breakdown of executive officers into gender for ongoing and special projects Ongoing Male Classification No. Female Special projects Vacancies Male Female Vacancies Var No. Var No. Var No. Var No. Var No. Var Secretary - - 1 - - - - - - - - - EO1 1 - - - - -1 - - - - - - EO2 17 2 9 -2 1 -2 - - - - 1 - EO3 13 -3 16 -2 5 4 - -1 - - - -1 Total 31 -1 26 -4 6 1 - -1 - - 1 -1 Table 3: Reconciliation of executive numbers Add 2012 2011 Executives with total remuneration over $100,000[b] 58 66 Executives employed with total remuneration below $100,000 16 8 Accountable Officer (Secretary) 1 1 Vacancies at 30 June (Table 2) 7 7 -17 -9 Inactive executive officers[d] -1 -3 Total executive officer numbers at 30 June[e] 64 70 Less Separations[c] [b] Refer to note 28 of the financial statements. [c] Includes four executive officers from the Victorian Commission for Gambling Regulation, who transferred to the Victorian Commission for Gambling and Liquor Regulation. [d] Inactive executives includes individuals on secondment or extended leave such as leave without pay, long service leave and sick leave. [e] Includes five executive officers from the Victorian Government Solicitor’s Office (which do not appear in the executive numbers in this appendix as this agency provides a separate annual report). Table 4: Number of executive officers for the department’s portfolio entities Total positions occupied Portfolio Entities (VPS) Vacancies Male Female No. Var No. Legal Services Commissioner 2 - - Var No. Var No. Var - 2 1 - -1 Office of Police Integrity 3 -1 1 1 2 -1 1 - Office of Public Prosecutions 2 - - - 2 - - - Office of the Chief Commissioner of Police 14 -1 5 1 7 1 7 -2 Victorian Institute of Forensic Medicine[f] 2 - - - 1 - 1 - Total 23 -2 6 2 14 1 9 -3 [f] Non-executive staff from the Victorian Institute of Forensic Medicine appear in this appendix as their staff are appointed by the Secretary to the Department of Justice, in accordance with the Public Administrations Act 2004. Total Active Portfolio Entities (Public Sector) No. Var Male No. Var Female No. Var Consumer Utilities Advocacy Centre 1 - - - 1 - Country Fire Authority 32 6 27 5 5 1 Emergency Services Telecommunications Authority 11 - 10 - 1 - Greyhound Racing Victoria 5 1 5 1 - - Harness Racing Board of Victoria 8 - 7 - 1 - Metropolitan Fire & Emergency Services Board 26 2 22 2 4 - Responsible Gambling Advocacy Centre 1 - - - 1 - Victoria Law Foundation 1 - - - 1 - Victoria Legal Aid 7 -1 3 - 4 -1 Victoria State Emergency Service 5 - 2 - 3 - Total 97 8 76 8 21 - Notes to above tables: ‘Var’ is variation compared to 2010-11. Recruitment Services Youth Employment Scheme (formerly Victoria Works for Young People) The department participates in the Youth Employment Scheme and is committed to providing meaningful work experience and training to disadvantaged youth between the ages of 15 and 24. The scheme contributes to the Victorian Government’s goals and targets for education by providing opportunities for young people to successfully complete a Cert III or IV qualification while undergoing a 12-month paid work placement in various areas across the department. In 2011-12, a total of 43 trainees were placed within the department, including five Koori trainees. Graduate recruitment and development scheme The department is a participant in the Victorian Public Service Graduate Recruitment and Development Scheme. The Graduate Program is a 12-month whole of government scheme in which graduates participate in a structured learning and development program and undertake three rotations across different departments. In 2012, the department recruited 24 graduates. Included in this number were two Koori graduates who were recruited through the department’s own Koori Graduate Program. Continuing the department’s commitment to the viability of the VPS Graduate Program and the recruitment of future leaders, the department aims to recruit 28 graduates for the 2013 graduate year, including a target of three Koori graduates. Koori employment The department participates in the Youth Employment Scheme and is committed to providing meaningful work experience and training to disadvantaged youth between the ages of 15 and 24. The scheme contributes to the Victorian Government’s goals and targets for education by providing opportunities for young people to successfully complete a TAFE qualification while undergoing a 12-month paid work placement in various areas across the department. In 2011-12, a total of 43 trainees were placed within the department, 52 per cent were from a disadvantaged background and 13 per cent were Aboriginal and/or Torres Strait Islander descent. The department will retain a large number of these trainees in VPS Grades 1 or 2 level positions. The Koori Employment Team will further work with business units, executive reporting lines and regional offices to build the overall capacity of the department to achieve the 2.5 per cent employment target and strengthen cultural inclusion and competency. People and Culture – learning and development Justice learning The Justice Learning team, within People and Culture, manages the design and delivery of various training programs across the department. In 2011-12 there were 126 sessions delivered, totalling 193 days to approximately 1,900 staff. Sessions are regularly delivered in regional locations such as Mildura, Echuca, Ballarat and Wangaratta. The Justice Learning program included topics on: • staff induction • performance management • leadership and management • presentation skills • writing in government • Koori cultural awareness • mental health and disability awareness • change management • time management • communication skills • team building. All programs are evaluated using international best practice. This is based on measuring participant response, learning, behavioural change and results. It should be noted that various business units across the department, outside People and Culture, also conduct extensive training programs. Leadership development The Department of Justice supports participation in various external leadership development programs. These programs are a valuable part of the department’s Learning and Development strategy for current and future leaders. Each program has a particular focus on building leadership in public management and policy, building networks, developing current and future leaders, understanding the personal impact on others, and other pertinent issues for government leaders. During 2011-12, 121 departmental staff from VPS Grades 4 to executive level have attended an external leadership development program. The department also have a number of internal leadership and management programs that target staff at all levels of the organisation. These include the Management Development Program and the Potential and New Manager’s Program. Training consultancy Justice Learning has facilitated a range of training sessions in regional and metropolitan areas using internationally recognised profiling tools and programs. These profiling tools provide staff with insights into work preferences and communication styles and improve team cohesion and productivity. Other sessions facilitated for individual business units include time management, performance management, team development and management development. Where the Learning and Development unit cannot deliver a program it supports business units in helping select the appropriate vendor and managing and evaluating the project. People Matter Survey The department participated in the People Matter Survey conducted by the State Services Authority. The People Matter Survey is carried out across the Victorian Public Service and identifies overall areas of strength and weaknesses in the culture of public sector organisations. e-learning The Justice Learning team is responsible for the development of compliance based elearning modules and supports business units in the development of e-learning modules. The department has successfully migrated across to the Nexus system to deploy all it’s elearning. Project Consultancy Team This year the Learning and Development (L&D) Project Consultancy Team (PCT) has continued to undertake a number of on-going projects for Corrections Victoria (CV), which are reported on a regular basis to the CV L&D Project Board and Operations Division. The projects include: • critical incident and security management training design and development (to ensure consistency and compliance) » tactical options modules » role of the Field Commander » bail application process » prisoners’ property management • Management Development Program for (existing) prison supervisors » 16 prison supervisors from across the state are attending two-day monthly development sessions • Supervisory Development Program (for aspiring prison seniors and supervisors) » 19 staff graduated in April having achieved Certificate IV in Correctional Practice » new program to commence in July • prison officer pre-service » quality assurance » squad manager/coordinator support » training delivery • Community Correctional Services (CCS) » evaluation of Regional Community Work Program Manager training » review of Leading CCS Officer training program » review of Senior CCS Officer training program » development of coaching framework » facilitation of training • during the year, training has been facilitated at all prison officer pre-service squads and to Community Corrections staff in the following sessions: » Professional Boundaries » Effective Communication » Managing Conflict » Cultural Awareness • a range of workshops has been facilitated for prisons and programs staff such as: » Mentoring » Managing Difficult Conversations » Decision-making and problem-solving » Facilitating focus groups » Planning workshops. The L&D PCT provides support and professional development to the prison staff development managers by attendance at their monthly meeting and facilitation of quarterly two-day forums. The CV programs area of the registered training organisation, which is part of the L&D PCT, has supported the achievement of corrections qualifications: • attendance at prison officer pre-service squads to provide information and enrolment • upgrading and supporting prison trainers and assessors • management of the trainers and assessors conference • management of Recognition of Prior Learning Assessment Centres • l iaison with prison staff development managers. Registered Training Organisation The Department of Justice has issued the following awards of certificate and statements in the 2011-2012 calendar year. Qualification Awards or Statements of Attainment [SOA] CSC30207 Certificate III in Correctional Practice [Custodial] CSC30307 Certificate III in Correctional Practice [Community] 26 1 CSC40107 Certificate IV in Correctional Practice 48 PSP40304 Certificate IV in Government [Court Compliance] 29 TAE40110 Certificate IV in Training & Assessment 10 Statements of Attainment [SOA] for CHC – Mediation Units 59 SOA – Statement of Attainment [General] 98 SOA – Statement of Attainment [First Aid] 246 The following new enrolments occurred in the 2011-2012 calendar year. Enrolments in Qualifications Numbers CSC30207 Certificate III in Correctional Practice [Custodial] 201 CSC30307 Certificate III in Correctional Practice [Community] 189 CSC40107 Certificate IV in Correctional Practice 78 PSP40304 Certificate IV in Government [Court Compliance] 13 TAE40110 Certificate IV in Training & Assessment 36 CHC – Mediation Units 65 TOTAL 482 Appendix G Safety and wellbeing Introduction The department launched the new Occupational Health and Safety (OHS) Strategy 2011-15 ‘Working Well’ in July 2011. The strategy focuses on five priority areas: leadership and accountability; consultation and communication, management of risks; proactive wellbeing; and workcover management. The strategy aligns key performance indicators to three levels of responsibility for executives, directors and senior managers. Projects and programs The OHS Implementation Plan targeted 10 core projects to achieve the priority areas of the OHS Strategy. Each of the projects was under the leadership of a member of the Safety and Wellbeing Team. Project outcomes will be presented to senior management through the Safety and Wellbeing Governance Committee. Each year programs that encourage health and wellbeing are offered to staff. In 2011-12 over 2,500 staff received funded flu vaccinations either through on-site services, or from their own treating practitioner. Staff also took advantage of Work Health Checks with over 1,032 attending in 2011-12, bringing the total number for the department to over 4,000. The Global Corporate Challenge was run again successfully, with approximately 253 teams registered with over 1,770 participants. The Employee Assistance Program which is a service available to all employees for short term confidential support also recorded over 400 staff contacts. A further 514 contractor staff underwent the online OHS induction process. Compliance reporting The department currently has 137 designated work groups established under the requirements of the Occupational Health and Safety Act 2004. For these groups there are 245 employee health and safety representatives that have been nominated or elected to represent staff on workplace safety issues. The department recorded 18 visits by WorkSafe inspectors for a range of issues relating to provisional improvement notices, complaints or notifiable incidents. The department did not record any prohibition notices in this period. In 2012 the new Respect in the Workplace policy was released. This new policy combines the previous bullying, harassment and discrimination policies into a single department wide policy and procedures, to ensure that staff are aware of their responsibilities to create and maintain a respectful workplace. A training module is currently in development, scheduled for publication in late 2012. Incident management There were 1,260 incidents recorded on the department’s online Accident Incident Reporting system (AIRS) in 2011-12. Incidents are reported where there is a hazard, near miss or injury of a staff member. AIRS has been in operation for over five years and has enabled a single platform for the department to record incidents, report summaries and ensure follow up where required. Claims management This year there has been a slight decline in the standard claim rate (number of claims lodged per 1,000 employees). The department recorded a claim rate of 18.57, compared to last year’s claim rate of 19.05. However, this year there has been an increase in the lost time claim rate, which is 7.96, up from 7.47 recorded in 2010-11, but lower than the 2009-10 rate of 9.47. Workcover premium The premium rate is a calculation to determine costs for maintaining workers’ compensation insurance. The premium calculation is based on a combination of the total number of employees, the remuneration, the industry risk factor and claims history. Although the department’s premium rate has increased in both 2010-11 and 2011-12, the department is still performing better than the industry average. Senior public sector OHS roundtable key performance indicators Measure KPI 2009-10 2010-11 2011-12 Incidents 1. No. of incidents 1,143 1,212 1,260 Rate per 100 FTE 14.2 14.6 15.2 2. No. of standard claims* 185 158 154 Rate per 100 FTE 2.3 1.9 1.9 3. No. of lost time claims* 76 62 66 Rate per 100 FTE 0.9 0.7 0.8 4. No. of claims exceeding 13 weeks* 35 33 31 Claims Rate per 100 FTE 0.4 0.4 0.4 Fatalities 5. Fatality claims* - - - Claim costs 6. Average cost per standard claim* $60,843 $34,809 $62,122 Return to work 7. % of claims with RTW plan < 30 days 95% 96% 97% Management commitment 8. Evidence of OHS policy statement, OHS objectives, regular reporting to senior management of OHS, and OHS plans (signed by CEO or equivalent) completed completed completed 9. Evidence of OHS criteria in purchasing guidelines (including goods, services, and personnel) completed completed completed Consultation and participation 10. (a) Evidence of agreed structure of DWGs , HSRs, and Issue Resolution Procedures. completed completed completed (b) Compliance with agreed structure on DWGs, HSRs, and IRP. Risk management 11. % of internal audits / inspections conducted as planned 100% 100% 100% 12. % of issues identified actioned arising from: (i) 100% (i) 100% (i) 100% (i) internal audits (ii) 100% (ii) 100% (ii) 100% (ii) HSR PINs (iii) 100% (iii) 100% (iii) 100% (iii) WorkSafe notices Training 13. % of managers and staff that have received OHS training: (i) 100% (i) 100% (i) 100% (i) induction (ii) 19% (ii) 21% (ii) 10% (ii) management training (iii) 100% (iii) 100% (iii) 100% (iii) contractors, temps, and visitors 14. % of HSRs trained: (i) acceptance of role (ii) re-training (refresher) 15. Perception Survey: OHS survey – managers, workers, (i) level of support and recognition of HSRs (i) 100% (i) 100% (i) 100% (ii) 100% (ii) 100% (ii) 100% N/A N/A N/A and HSRs * Data sourced from VWA (ii) workplace consultation and participation (iii) management commitment (iv) awareness of OHS policies (v) reporting of incidents and injuries Appendix H Disability and diversity The Department of Justice Disability Action Plan articulates the department’s approach to disability related issues and presents 65 initiatives across the following focus areas: • reducing barriers to people with a disability accessing Department of Justice goods, services and facilities • reducing barriers to people with a disability obtaining and maintaining employment • promoting inclusion and participation in the community of people with a disability • achieving tangible changes in attitudes and practices that discriminate against people with a disability • implementation, monitoring and evaluation of the disability Action Plan. Preparation of the Disability Action Plan 2012–2015 Planning has commenced for the department’s new Disability Action Plan (DAP) 2012-2015. The new DAP will be consistent in structure with the Victorian State Disability Plan, and draw on themes contained in the National Disability Strategy. It will focus on the rights of all Victorians to participate as active citizens, to engage with and have access to justice services. Training Building on the ongoing delivery of Disability Awareness and Mental Health Awareness training at the Southern Cross Centre, a structured roll-out of training has been delivered in prison and regional locations. Training has focused on the Metropolitan Remand Centre as well as activities in the Hume and Gippsland regions. Planning was undertaken to deliver training to Sheriff’s officers on a state-wide basis in the second half of 2012. Scholarships and stakeholder forum In September 2011, the department hosted a Disability Stakeholders Forum bringing together staff and approximately 80 representatives from government and the disability sector. The forum focused on accessibility and disability related issues being addressed in Victorian courts. It featured presentations from Justice Ross, President of the Victorian Civil and Administrative Tribunal and senior staff of the Magistrates’ Court’s Assessment and Referrals Court – a pilot program responding to the requirements of defendants with mental health issues as well as intellectual and cognitive disabilities. The forum also featured formal presentations to winners of the department’s People with a Disability Leadership Enhancement Scholarships. Unique to the Victorian Public Sector, the department’s scholarship program recognises tertiary students with a disability undertaking justice related studies. Cultural Diversity Plan The Cultural Diversity Plan 2009–2011 outlines 70 strategies promoting inclusion in the justice system for Victorians from culturally and linguistically diverse (CALD) backgrounds. The plan has two major areas of focus: • improving access to justice services, broadly aiming to reduce inequalities and assist Victorians from CALD backgrounds to navigate the justice system • improving cultural competence which will ensure continuous improvement in the way the department plans, reports and develops skills in the workplace with respect to justice services to CALD Victorians. Cultural Competency Training Program As part of a now completed three year staged process, the department has delivered cultural competency training for managers and staff in all regions state-wide. The full-day training program examined issues, attitudes, challenges and approaches in the effective provision of justice services to a hugely culturally and linguistically diverse community. Coupled with the training program was the provision of regional CALD resource kits. The kits provide detailed information to local managers in relation to CALD community demographics, relevant supporting organisations and available local resources. Kits are held and maintained by regional diversity portfolio officers and made available generally through the department’s intranet. Scholarships Program Four scholarships were awarded under the department’s Scholarships for Tertiary Students from Refugee Backgrounds Program 2011. The program acknowledges challenges encountered by students from refugee backgrounds, specifically targeting those undertaking justice related studies. Justice Language Services The Victorian Government funded $4.1 million over four years from the 2012-13 State Budget to maintain the provision of language and interpreter services across the Justice portfolio, including the courts, Victoria Police, Victoria Legal Aid and Emergency Services. This funding will ensure that Victoria’s diverse communities continue to enjoy equity of access to the criminal and civil justice system. Appendix I Whistleblowing — reporting serious public wrongdoing The Department of Justice is committed to the aims and objectives of the Whistleblowers Protection Act 2001 (the Act). It does not tolerate improper conduct by its employees or officers, nor the taking of reprisals against those who come forward to disclose such conduct. The department recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health or safety or the environment. The Department of Justice will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure and will treat the disclosure and any information received in the investigation of a disclosed matter in the strictest of confidence. Reporting system and contact persons Disclosures of improper conduct or detrimental action by officers of the Department of Justice may be made to the following officers: Mr Jonathan Kaplan Protected Disclosure Coordinator Level 24, 121 Exhibition Street Melbourne VIC 3000 Phone: (03) 8684 0090 Email: jonathan.kaplan@justice.vic.gov.au Ms Rossana de Martino Deputy Protected Disclosure Coordinator Level 24, 121 Exhibition Street Melbourne VIC 3000 Phone: (03) 8684 0085 Email: rossana.demartino@justice.vic.gov.au Protected disclosure officers The department has a number of protected disclosure officers who can accept disclosures and assist with queries relating to whistleblower protection. Their contact details are available on the Department of Justice website: www.justice.vic.gov.au. The Ombudsman A disclosure about improper conduct or detrimental action by the department or its employees may also be made directly to the Victorian Ombudsman: Mr George Brouwer The Ombudsman of Victoria Level 9, North Tower 459 Collins Street Melbourne VIC 3000 (DX 210174) Internet: www.ombudsman.vic.gov.au Email: ombudvic@ombudsman.vic.gov.au Phone: (03) 9613 6222 Tollfree: 1800 806 314 Whistleblower procedures The Department of Justice’s written procedures for handling whistleblower protection matters are available on the department’s website: www.justice.vic.gov.au. Hard copies of the procedures are available by contacting the protected disclosure coordinator. Whistleblowers Protection Act 2001: disclosures for the period of 1 July 2011 to 30 June 2012 Disclosures Number Type 2 Improper conduct Disclosures referred to the Ombudsman for determination as to whether they are public interest disclosures 0 Disclosed matters referred to the Department of Justice by the Ombudsman for investigation 0 Disclosed matters referred by the Department of Justice to the Ombudsman for investigation 0 Investigations taken over from the Department of Justice by the Ombudsman 0 Requests made by a whistleblower to the Ombudsman to take over an investigation from the Department of Justice 0 Disclosed matters that the Department of Justice has declined to investigate 0 Disclosed matters that were substantiated upon investigation by the Department of Justice 0 The following is a summary of recommendations made by the Ombudsman relating to the Department of Justice. In relation to an investigation concerning an alleged sexual assault of a prisoner, that the department: • install CCTV in the specified unit at the prison • establish a protocol with Victoria Police regarding the referral and investigation of all criminal offences, including sexual offences, so that there is a coordinated effort between the prison and the police • for sexual assault allegations, ensure that the protocol requires police to speak to the prisoner in person within 24 hours, rather than relying on the information provided by the prison • ensure that victims of alleged sexual assaults are promptly examined by a doctor • review operating instructions at the prison to ensure that there is a clear chain of command so that officers are aware of who is in charge of managing the prison’s response to an incident • implement training to ensure that staff know how to complete detailed notes and reports of an incident and are trained to cordon off crime scenes and search areas for evidence when required • ensure that, at the completion of the investigation into an alleged sexual assault, an internal management review of the incident is conducted • develop a checklist to assist prison staff in their responses to serious incidents. In relation to an investigation into an improper relationship between an employee and a prisoner, that the department: • ensure junior staff are only given electronic and physical file access to prisoner information commensurate with their duties and experience • at induction, inform staff that they are not permitted to take photos of departmental information and property, and that penalties apply if they do so • during the interview and induction process for new staff, enquire of potential employees whether they have, or have had, prisoner contact. If a relationship/s is revealed which may give rise to a conflict of interest and a decision is made to employ the individual, the department record how this conflict will be managed. • create and retain assessments of criminal history checks of officers • conduct regular internal audits of electronic access by staff in the relevant business unit • document all internal investigations. In addition, departmental policy should reflect that any contact with prisoners by current staff in the business unit is declared given their involvement in handling prisoner information. If a relationship/s is revealed which may give rise to a conflict of interest, the department should record how this conflict will be managed. The department accepted all recommendations made by the Ombudsman. Appendix J Freedom of Information Act 1982 The Freedom of Information Act 1982 allows the public a right of access to documents held by the department. For the 12 months ending 30 June 2012, the department received 652 applications. Of these requests, 42 were from Members of Parliament, 111 were from the media and the remainder were from the general public. Of the total requests received by the department, the majority were granted in part or in full. Fifty-one went to internal review with eight appeals to the Victorian Civil and Administrative Tribunal. Making a request Access to documents may be obtained through written request to the Freedom of Information Manager, as detailed in s17 of the Freedom of Information Act 1982. In summary, the requirements for making a request are: • it should be in writing • it should identify as clearly as possible which document is being requested • it should be accompanied by the appropriate application fee (the fee may be waived in certain circumstances). A Freedom of Information request needs to be made to the agency that holds the documents being requested. Requests for documents in the possession of the Department of Justice should be addressed to: Freedom of Information Manager Department of Justice 121 Exhibition Street Melbourne VIC 3000 Requests can also be lodged online at www.foi.vic.gov.au. Requests for documents held by Justice portfolio statutory bodies that are subject to Freedom of Information, such as Victoria Police, the Metropolitan Fire and Emergency Services Board, the Country Fire Authority and the Office of Public Prosecutions, should be sent directly to the relevant statutory body. The contact details for Justice statutory bodies that are subject to Freedom of Information can be found at www.foi.vic.gov.au. Access charges may also apply once documents have been processed and a decision on access is made; for example photocopying and search and retrieval charges. Further information regarding Freedom of Information can be found at www.foi.vic.gov.au. Telephone enquiries can be made on (03) 8684 0063. Compliance The department is committed to continuing to improve its Freedom of Information processes consistent with its statutory obligations and the government’s commitment to improve openness and transparency in the public sector. The department is undertaking a wideranging program to enhance its Freedom of Information performance. As a result, there have been considerable improvements in timeliness at each stage of the process, including search and assessment of documents. The data for requests received since 1 January 2012 shows the positive effects of these changes, with the department significantly improving the number of requests processed within statutory requirements. The average time taken to finalise requests was down to 39.4 days, in comparison to 55.4 days for the 12 months ending 30 June 2012. For the 12 month period, the department processed 54 per cent of requests within statutory requirements, 30.9 per cent of requests within 46-90 days and 15.1 per cent of requests in over 90 days. Appendix K Monitoring of Corrections The Office of Correctional Services Review (OCSR) monitors and reviews the corrections system to ensure it is secure, safe, humane and minimises risk to the prisoners, offenders, staff and the broader community. This mandate is discharged by: • conducting investigations and enquiries into serious incidents and allegations in the corrections system • conducting reviews of operations and services, including unannounced inspections • monitoring the performance of all prisons, Community Correctional Services (CCS) locations and other correctional services • coordinating a volunteer Independent Prison Visitors Scheme of 40 independent visitors. The OCSR is overseen by the Corrections Monitoring and Review Steering Committee, which is chaired by the Secretary of the department and has two external, independent members. Reviews and inspections completed in 2011-12 The OCSR completed eight reviews and inspections during 2011-12. Review of parolees who have re-offended by way of murder This joint review with independent consultant Professor James Ogloff examined the management of parolees who allegedly committed murder while on parole. The review identified several areas for improvement in the management of parolees, such as the need to validate the tool used to assess offenders’ risk and the need to improve the triaging and prioritisation of cases according to an offender’s assessed risk. The review also recommended that CCS formally capture family violence information about offenders, increase training among CCS staff about the dynamics of family violence, and strengthen information transfer between the various agencies involved in managing parolees. Since the joint OCSR/Ogloff review Corrections Victoria has introduced a new intensive case management model to improve the management of high risk offenders, some family violence training has been rolled out and work has commenced to improve communication and information sharing between prisons, CCS, the Adult Parole Board and Victoria Police. Procedures have also been strengthened to provide clearer guidance to staff on the reporting of breaches and making recommendations to the Adult Parole Board. There are also plans for a full independent evaluation of relevant tools to improve the predictability of re-offending. Review of Loddon Prison This review assessed the prison’s procedures, practices and processes, including safety, security, intelligence, risk management, respect for human rights, compliance management and continuous improvement. Justice Health participated in the review, by assessing the interface between partners and health service providers. Overall, Loddon operated well; most prisoners seemed satisfied with prison conditions and staff attitudes and believed staff maintained good order and control. Loddon had good procedures and responses for emergency management. However, the review identified a number of areas for improvement. In response, Loddon Prison has revised its risk management strategies, amended various procedures, improved communication with health services providers, completed a staff induction and orientation package, completed staff role and responsibilities documents and delivered prison disciplinary process refresher training. Review of compliance with ‘at-risk’ procedures This review assessed the level of compliance achieved by custodial staff in meeting ‘At-Risk Procedures’ across the prisons where self-harm and suicide among the prisoner population is most prevalent. The review found that Corrections Victoria had established effective systems and processes to identify and manage prisoners ‘at risk’ of suicide and self-harm, but that improvement was needed, in particular in the documentation of material on prisoners’ files. A follow up series of unannounced inspections conducted in December 2011 found that compliance with ‘at risk’ procedures, including requirements to place relevant material on prisoners’ files, had substantially improved. Follow-up of the review of leadership and supervision at the Metropolitan Remand Centre In 2008, the OCSR reviewed leadership, management and supervision in the Metropolitan Remand Centre (MRC), resulting in 14 recommendations. The objective of the follow-up review was to assess the degree to which the 2008 recommendations have been implemented. Overall, the follow-up review in 2011 found that the MRC has effectively implemented all the recommendations and made significant improvements in the areas of staff development, supervision and engagement between the prison’s managers and supervisors. Review of fires in prison cells in maximum-security prisons This review was initiated in response to a number of fires set by prisoners in their cells, particularly in the management and high security units of maximum-security prisons. The review found varying levels of fire preparedness across the prisons reviewed. The review made six recommendations and prisons are responding with a range of improvements to better assess the risk of prisoners setting fires in their cells, minimise the opportunity for prisoners to access materials they can use to light cell fires and respond effectively to any fires that may be lit. Review of barrier control in maximum-security prisons The review found a range of improvements in barrier control has been made in recent years and identified several examples of good barrier control procedures, including at the Metropolitan Remand Centre, Port Phillip Prison and Barwon Prison. The review found potential for greater consistency in some areas, such as the approach to searching people entering prisons, the approach to searching goods kept in outside storage areas and the lighting, signage and information in some prisons. In response to the review, prisons have audited and made improvements to their written procedures, signage and equipment and a Deputy Commissioner’s Instruction was amended in August 2011 to strengthen procedures for searching goods and equipment kept in outside storage facilities when they are brought into the prison. Review of the management of parolee non-compliance by Community Correctional Services The review assessed the management of parolees who failed to comply with the conditions on their orders. Overall, the review found that CCS managed non-compliance well, however, it made a number of recommendations to improve parolee management to align with best practice. Corrections Victoria has since reviewed and amended its procedures and quality assurance of case management by senior officers. In December 2011, Corrections Victoria revised its procedures to improve and strengthen offenders’ compliance with their parole orders. Unannounced inspections of Opioid Substitution Therapy Program (OSTP) In Victoria, each public and private prison is required to comply with procedures intended to prevent prisoners from diverting their medication for trafficking. The OCSR conducted unannounced inspections of nine locations to observe medical and custodial staff administer substitute opioid drug therapies to more than 600 prisoners to determine the degree of compliance with the OSTP. The inspections found inconsistent practices across some prisons. Since the inspections, prisons have made a number of changes to policy and practice to ensure that administration of OSTP is consistent with statewide requirements. -- Reviews commenced in 2011-12 The OCSR also commenced another four reviews and inspections during 2011-12: • a review of whether random urinalysis testing in Victorian prisons is predictable and therefore enables prisoners to evade detection of drug use • a review of the effectiveness of prisoner supervision and management at Fulham Correctional Centre • a review of the safety of bunk beds in Victorian prisons following incidents of prisoners falling from bunks • a review of the effectiveness of CCS Internal Management Reviews. Enquiries and investigations The OCSR uses its enquiries function to assess and monitor incidents. This ensures a timely and appropriate response to matters which come to the OCSR’s attention and the most efficient use of the OCSR’s investigative resources. It also acknowledges that an investigation may not be warranted in all cases. In 2011-12 the OCSR initiated 214 enquiries into a range of matters including but not limited to alleged assaults by staff, alleged inappropriate conduct of staff members and alleged assaults of prisoners on other prisoners. In 2011-12 the OCSR initiated 26 investigations of incidents that occurred in the corrections system in 2011-12. Investigations included serious prisoner on prisoner assaults, a security breach in a high security unit of a maximum security prison, a prison riot, events prior to the death of a prisoner in a regional prison, failure to properly segregate prisoners during transport, management of violent parolees and offenders by Community Correctional Services and prison visitor complaints of ill treatment by staff. A broad range of changes and improvements have been made in 2011-12 as a result of OCSR investigations. These include: • the introduction of explicit guidance to prisons that when a prisoner alleges assault or excessive use of force by a staff member » prisoner injuries must be photographed and the prisoner must be referred for medical assessment » prison staff must not be present when police attend to interview the prisoner about the allegation (unless the prisoner directly requests a prison staff member) » CCTV footage must be copied and retained. • clearer requirements as to how prisons must report and respond to allegations of sexual assault made by a prisoner • introduction of a documented policy at a prison to set out the basis and procedure for disconnecting the water supply to a prisoner’s cell • commitment to make changes in training and operating instructions to ensure that those prisoners who must be separated for their own protection are not placed together in prisoner transport cells • amendments to a prison’s complaint handling procedures to include time standards for the prompt and effective management of written complaints • increased time out of cells in a management unit • amendments to a prison’s fire procedures and the management of prisoners during an emergency. In addition, in response to the OCSR’s investigation of the death of Mr Carl Williams at Barwon Prison in April 2010, Corrections Victoria has made a number of improvements. These include measures to improve communication between the Sentence Management Branch, intelligence and prison staff, an upgraded CCTV monitoring system, the establishment of a High Risk Management Advisory Panel and the development of risk assessments for equipment in high security units. Other initiatives resulting from the OCSR’s recommendations include the establishment of an inter-departmental Custodial Witness Committee, a new policy on the classification, recording and monitoring of prisoner phone calls to police and measures to ensure the targeted, timely and rigorous monitoring of correspondence between high security prisoners. Independent Prison Visitors (IPVs) The Independent Prison Visitor Scheme (IPVS) celebrated its 25th anniversary in December 2011. Independent Prison Visitors speak with prisoners and staff, and provide the Minister for Corrections with independent and objective advice on the operation of Victoria’s prisons from a community perspective. There are currently 39 volunteers visiting Victorian prisons. During 2011-12 visitors conducted over 342 prison visits. A structured visit program was introduced in July 2011. Structured visits require that IPVs examine a specific aspect of the prison during their monthly visits. This program enables the OCSR to provide the Minister with more specific information about the prison system. Examples of observations from structured visits included a significant reduction in the number of property issues raised at the Melbourne Assessment Prison, reductions in complaints about food in two prisons, positive feedback on the conduct of disciplinary hearings, and improved communication between staff and prisoners during multi-disciplinary case management meetings. The normal visits and observations made by IPVs during 2011-12 found practices that may not have been otherwise discovered. This has resulted in significant improvements, including the recording of strip searches in all units at one prison, a commitment to increase training for staff escorting women prisoners during childbirth and stopping the practice of issuing second-hand garments to prisoners at Tarrengower Prison. Prisoner and offender deaths There were four deaths in custody in Victoria between 1 July 2011 and 30 June 2012, compared with 10 the previous year. All four deaths appear to have been from natural causes. The OCSR prepares a report to the Coroner on each prisoner death in Victoria and monitors coronial inquests and any recommendations arising. During 2011-12, the OCSR provided 13 prisoner death review reports and 19 offender death review reports to the Coroner. Between 1 July 2011 and 30 June 2012, 94 offender deaths (81 male and 13 female) while on CCS orders have been recorded. This number is the same as that recorded during the same period in 2010-11 (94 offender deaths, 72 male and 22 female). The OCSR reviews into prisoner deaths between 2007 and 2009 have now resulted in a number of improvements, including limiting access to plastic bags, plastic wrap and razor blades for prisoners at risk of self-harm, improved cell placement of prisoners identified at risk of self harm and the introduction of random observations of ‘at risk’ prisoners at the Melbourne Assessment Prison. The review also resulted in improved file and information management at the Melbourne Assessment Prison. Prison performance data validations The OCSR undertakes reviews at both private prisons (annually) and public prisons (biennially) in order to verify that performance data is accurately reported. In 2011-12, the OCSR conducted validation reviews at the two private prisons (Port Phillip Prison and Fulham Correctional Centre) and four public prisons (Dame Phyllis Frost Centre, Melbourne Assessment Prison, Dhurringile Prison and Beechworth Correctional Centre). The validations have resulted in significant improvements, including the increased use of electronic databases for the recording of performance measures. The OCSR also conducts a validation review of incident reporting to identify unreported incidents during the Prisoner Transport Services year, from October to September. The incident validation review conducted in September 2011 found that the reporting of prisoner transport incidents has improved. Appendix L Prison service statistics Five year trend 2007-08 2008-09 2009-10 2010-11 2011-12 Containment and supervision – escapes(a) Number of escapes – total 5 9 3 0 1 Number of escapes – secure prisons 3 0 0 0 0 Number of escapes – open prisons 2 9 3 0 1 Number of escapes – other 0 0 0 0 0 Escape rate – total (per 100 prisoners) 0.12 0.21 0.07 0.0 0.02 Escape rate – secure prisons (per 100 prisoners) 0.08 0.0 0.0 0.0 0.0 Escape rate – open prisons (per 100 prisoners) 0.47 2.02 0.63 0.0 0.18 3 1 0 2 1 Number of attempted escapes Containment and supervision – deaths(b) Total number of deaths in custody 14 8 8 10 4 0.34 0.19 0.18 0.22 0.08 2 2 4 2 0 0.05 0.05 0.09 0.04 0.00 Total number of Aboriginal deaths in custody 0 0 1 1 0 Number of Aboriginal deaths from apparent unnatural causes 0 0 0 0 0 Aboriginal death rate apparent unnatural causes (per 100 prisoners) 0.00 0.00 0.00 0.00 0.00 Self mutilations (per 100 prisoners) 5.7 4.1 5.1 7.0 7.8 Attempted suicides (per 100 prisoners) 0.3 0.3 0.5 0.4 0.3 Assault rate – assaults on prisoners by other prisoners 12.6 14.1 15.1 14.9 18.3 Assault rate – assaults on staff or other persons by prisoners 2.5 2.2 2.8 2.7 3.9 2.87% 2.07% 3.15% 3.43% 4.23% 27.2 23.6 24.6 23.6 23.0 86.1% 84.7% 84.8% 87.2% 88.9% Death rate (per 100 prisoners) Number of deaths from apparent unnatural causes Death rate apparent unnatural causes (per 100 prisoners) Containment and supervision – self harm Containment and supervision – assaults(c) Containment and supervision – illicit drugs Percentage of positive random drug tests(d) Number of visits (average per prisoner) Reparation – employment(e) Employment rate – all prisoners (a) The escape categories conform with the current definition of escapes in the Report on Government Services prepared by the Steering Committee for the Review of Commonwealth/State Service Provision. Escapes by prisoners on unescorted leave, in work parties or activities outside the prison perimeter without direct one-to-one supervision are classified as ‘other’ escapes. All other escapes, including during transfers between prisons or escorts outside the prison under one-to-one supervision, are classified according to the security level of the prison. (b) The cause of all prisoner deaths is subject to confirmation by the Coroner. (c) The assault rate is based on the number of victims of all assaults. The measure in this report differs from the definition adopted for the Report on Government Services which disaggregates assaults by seriousness but excludes minor assaults that did not result in bodily harm or require any form of medical intervention. (d) The rate for 2011-12 is preliminary as at 20 August 2012 and subject to change. (e) The prisoner employment rate is calculated as the proportion of all prisoners except those in full-time education or programs, remandees who chose not to work and others whose situation precludes their participation in work, eg. hospital patients, aged prisoners and prisoners in transit. Appendix M Correctional system performance Escapes by prisoners from custody in Victoria There was one escape from prison custody in Victoria during 2011-12. A prisoner escaped from Beechworth Correctional Centre but he was subsequently re-captured. Deaths of prisoners in custody in Victoria There were four deaths in prison custody in Victoria during 2011-12. The provisional cause of death in all of the cases was natural causes. The cause of all prisoner deaths is subject to subsequent confirmation by the Coroner. In response to previous Coroner’s findings, work continued on the Cell and Fire Safety Program during 2010-11, with works focusing on the Melbourne Assessment Prison, where works were completed for the 2010-11 program and due to savings achieved, a third accommodation unit and medical centre were completed. Works included fire safety upgrades, intercom improvements, disabled cell refurbishment and removal of hanging points. The Cell and Fire Safety Guidelines, a product of the Cell and Fire Safety Program, continue to be integral to the design and scoping of any cell refurbishment works in maximum- and medium-security facilities or new correctional facilities developed by the department. The guidelines are continually updated to ensure they contain appropriate references to statutory requirements such as the Building Code of Australia and further product development. Drug testing in Victorian prisons Corrections Victoria uses an integrated and multi-layered approach to addressing and managing drug issues in prisons. An extensive range of barrier control, drug detection and treatment strategies exists to prevent drugs and related contraband from entering prisons, and to detect drug use among prisoners. Victoria operates one of the most extensive urine testing programs in Australia. The percentage of positive random general drug test results increased from 3.43 per cent in 2010-11 to 4.23 per cent in 2011-12. This is a result of an increased use of buprenorphine by prisoners and improved testing measures to detect its use. In 2011-12, 12,478 breath tests were conducted, an increase of 11.8 per cent when compared with 2010-11 and 22.5 per cent when compared with 2007-08. The increased testing has also resulted in a decrease in the number of breath tests returning positive results decreasing from seven in 2010-11 to three in 2011-12. Security and Emergency Services Group The Security and Emergency Services Group (SESG) is a group of highly trained prison officers, including canine handlers, who perform a range of specialised activities in the area of security and emergency response. These activities include drug searches and detection, intelligence gathering and dissemination, high security escorts and security reviews and auditing. The SESG works collaboratively with prison management and external agencies such as Victoria Police, to gather intelligence in an effort to intercept and detect contraband. In 2011-12: • the SESG conducted more than 250 prisoner escorts, of which 189 escorts were for high security prisoners • in addition to routine searches undertaken by each prison, the SESG attended prisons for searching and for other security responses and recorded a further 29,168 searches • the SESG recorded 33,217 searches of visitors and their vehicles. Prison Industries Prison Industries, managed by Corrections Victoria, continued to provide meaningful employment and vocational training for most sentenced prisoners in public prisons. Employment includes such diverse industries as metal fabrication, powder coating, furniture making, screen printing, assembly and packaging, agricultural operations including a dairy, beef, sheep and horticulture, external environmental work crews and a range of local service industries undertaken at each prison including kitchens and laundries. External Landmate work crews of prisoners supported communities in northern and western Victoria by providing a much needed response to floods and continued rebuilding projects resulting from the 2009 bushfires. In 2011-12, sales from commercial activities increased by seven per cent on the previous year. Increased resources should see further growth in sales and employment opportunities to meet further demand as a result of a growth in prisoner numbers. National Corrective Services performance comparisons National performance data from all Australian states and territories is compiled to compare the efficiency and effectiveness of a range of government services, including Corrective Services. The data is published annually in the Report on Government Services by the Steering Committee for the Review of Government Services Provision. Data published in early 2012 relating to the provision of services in 2010-11 showed Victoria had the second lowest imprisonment rate and the lowest community corrections rate in Australia. Victoria also had the highest overall prisoner employment rate in the country, while the participation rate for prisoner education was 5.4 percentage points above the national average. In Victoria in 2010-11 there were two deaths from apparent unnatural causes and no escapes from prison custody. Comparative data for 2011-12 will be published in early 2013. Appendix N Registry of Births, Deaths and Marriages The Registry of Births, Deaths and Marriages (BDM) records in perpetuity all births, adoptions, marriages, relationships and deaths occurring in the state of Victoria and provides certificates of these events to individuals. It also registers changes of name and manages Victoria’s donor treatment registers (Central Register and Voluntary Register). Other services include family history resources and products through Vic Heritage™ and civil marriage services at the Victorian Marriage Registry. Business operations Registrable events 2011-12 Births (BDMR Act 1996, Part 3) (a) 75,188 Changes of Name (BDMR Act 1996, Part 4) 12,485 Marriages (BDMR Act 1996, Part 5) 28,956 Deaths (BDMR Act 1996, Part 6) 36,147 Registered relationships (Relationships Act 2008, Part 2.5) 496 Revoked relationships (Relationships Act 2008, Part 2.5) 12 Adoptions (b) 73 Stillbirths Total Certificates issued 2011-12 445 153,802 Standard certificates (c) 273,082 Commemorative certificates 38,552 Historical certificates 15,889 Historical images 96,309 Total 423,832 Donor treatment registers Registrations of donor births to the Central Register (ART Act 2008, Part 6) 335 Central Register applications 15 Voluntary Register applications 33 Total 383 Additional reporting requirements Recognition of sex 2011-12 Persons born in Victoria (Part 4 A, Div 1) Approved applications 19 Refused applications 0 Sub total 19 Victorian residents born elsewhere (Part 4A, Div 2) Approved applications 8 Refused applications 0 Sub total 8 Total 27 Notes Data generated 2 July 2012. Data may vary depending on time and date it is generated. Full definitions of data values are available by contacting BDM www.bdm.vic.gov.au a. Total number of births registered in Victoria, including those that occurred in a previous year but were registered for the first time in the reporting period. Figures exclude stillbirths and incomplete registrations (i.e. where BDM is yet to receive formal notification from either the parents or medical facility where birth occurred). b. Total number of adoption orders handled. c. Total number of standard certificates issued, including those issued with commemorative birth certificate orders. Key projects 2011-12 Donor treatment registers The Registry of Births, Deaths and Marriages (BDM) in its role of managing Victoria’s donor treatment registers through the Assisted Reproductive Treatment Act 2008, registered a total of 335 donor births, processed 15 Central Register applications and 33 Voluntary Register applications. A total of 134 Victorian mothers have registered their female partner as a parent (includes new birth registrations and addition of registrable information to existing birth records). Two surrogate births have been registered in Victoria. In 2011, BDM made its commemorative birth certificates and relationship certificates, available to same-sex couples, and a new brochure was produced to promote same-sex commemorative birth certificates. Justice of the Peace certification In the period December 2011 to June 2012, 359 Justices of the Peace (JPs) providing document certification services in police stations participated in BDM information sessions and are now able to certify identity documents for BDM applications.BDM now accepts documents certified by sworn members of police, Justice Officers in Justice Service Centres, BDM staff and Victorian JPs operating in police signing stations. The implementation of this policy reduces the administrative burden on police members while ensuring a safe environment for JPs undertaking this work and a high-level of service to the Victorian community. Justice Service Centres From April 2012, BDM progressively began implementing its services through metropolitan Justice Service Centres (JSCs), improving accessibility to Victorians. There are 20 regional and seven metropolitan JSCs offering BDM services across Victoria. BDM services at all seven metropolitan JSCs became operational on 28 May 2012. Metropolitan JSCs offer an alternative mechanism for lodgement of BDM applications outside of the Melbourne central business district. BDM services are available at metropolitan JSCs, located in Lilydale, Box Hill, Frankston, Moorabbin, Dandenong, Broadmeadows and Sunshine. A total of 45 Justice Officers underwent BDM training from metropolitan centres, allowing them to take receipt of birth, death and marriage certificate applications, certify related identity documents, accept payment and assist with BDM related enquiries. Overall the number of applications lodged through JSCs (metropolitan and regional) steadily increased throughout the year to reach approximately 1,800 per month. Since their commencement in May 2012, metropolitan centres accepted a total of 762 application lodgements. BDM services continued to be processed at the department’s 20 regional JSCs, which serviced 21,568 BDM applications and enquiries from regional community members. Eighty-five per cent of these enquiries related to the range of BDM certificate applications. Regional applications accounted for approximately 34 per cent of BDM’s total applications received by mail. Appendix O Office of the Emergency Services Commissioner Standards for the prevention and management of emergencies As required under section 21I of the Emergency Management Act 1986 (the Act), the Emergency Services Commissioner submitted the following report on the operation of Part 4A of that Act for the year ended 30 June 2012. Duties of the Emergency Services Commissioner In accordance with the Act, the primary statutory duties of the Commissioner are to: • establish and monitor performance standards for the prevention and management of emergencies to be adopted by the Emergency Services Telecommunications Authority (ESTA) and Victoria State Emergency Service (VICSES) • monitor the performance of the Fire Services Agencies against performance standards developed by the Fire Services Commissioner • make recommendations to the Police and Emergency Services Minister about matters arising from monitoring or investigating the performance of ESTA • report, advise and make recommendations to the minister on any issues relating to emergency management • encourage and facilitate cooperation between all agencies to achieve the most effective utilisation of services. In addition, the Office of the Emergency Services Commissioner (OESC) performs administrative functions that include: • leadership of the national program delivering the Location Based Solution for the Emergency Alert telephone warning system • initial processes to activate the Natural Disaster Relief and Recovery Arrangements • assessing applications for the National Disaster Resilience Grant Scheme • Victoria’s contribution to the Resilient Australia Awards. Establishing and monitoring performance standards In accordance with section 21C (1) (a) and 21C (abb) of the Emergency Management Act, the Commissioner is required to establish and monitor standards for the prevention and management of emergencies to be adopted by all emergency services agencies (other than the Fire Services Agencies). A major OESC initiative, that began in December 2011, is the development of the Performance Standards and Assurance Framework for Victoria’s emergency management arrangements. This work is being undertaken in collaboration with a broad stakeholder group from across the emergency management sector and communities. Phased implementation will start towards the end of 2012. It will enable the Emergency Services Commissioner to assure the community, government and emergency services organisations as to the capacity and capability of the state to manage large-scale and protracted emergencies. Parallel to this and in alignment with that framework, the Fire Services Commissioner is developing standards for the Fire Services Agencies (FSAs). Once these have been determined, OESC will monitor their adoption, and the performance and compliance of the FSAs against them. This is a significant undertaking within OESC, and delivering the framework will be a first in Australia. OESC’s focus is to strengthen its role as the trusted assurance authority for emergency management and that it is not only fully compliant with its current statutory duties, but also prepared for its anticipated new responsibilities arising from recommendations in the Victorian Floods Review and likely to be considered in the Emergency Management White Paper. Reporting and advising the minister on issues relating to emergency management In accordance with section 21C (b) of the Act, the Commissioner is required to advise, make recommendations and report to the Police and Emergency Services Minister on any issue in relation to emergency management. The principal duty for OESC in this area of its business is to conduct either proactive or reactive reviews. The former generally relate to an identified gap in the state’s emergency management arrangements, and the latter involve an assessment and evaluation of the response, relief and recovery arrangements following an event. The criteria for these vary, but tend to look at multi-agency interoperability, community warnings and their effectiveness, and how improvements to specific aspects of emergency management are tracking; particularly in relation to recommendations from the Victorian Bushfires Royal Commission and the Victorian Floods Review. To support an environment of organisational learning and continuous improvement for the fire services and other agencies, OESC also undertakes operational reviews initiated by the Fire Services Commissioner. In 2011-12, such reviews examined the TriTech Lubricants Factory Fire (May 2011) and the Nuplex Chemical Incident in Wangaratta in December 2011. In February and March 2012, flooding affected 20 municipalities in the north-east of Victoria. The office conducted a thematic review of the implementation of relief and recovery arrangements during the floods. In June 2012, flooding affected Gippsland. The Minister for Police and Emergency Services requested OESC undertake a review of the flood warning system, including examination of the effectiveness, relevance and timeliness of community warnings and information during this flood event. The report will be prepared for the Police and Emergency Services Minister by October 2012. Assisting community relief and recovery The OESC played a key support role for emergency events during the year, that included assisting in the activation of Emergency Re-establishment Assistance and the administration of the National Disaster Relief and Recovery Arrangements (NDRRA). Under these arrangements, the Commonwealth Government financially assists the state to incur expenditure for eligible persons and organisations following natural disasters. During 2011-12, OESC performed its support role for the following events: • Gippsland floods (July–August 2011). • Storms (9-10 November 2011) • Storms and flash flooding (18 December 2011) • Severe weather Melbourne (25 December 2011) • Severe storms and floods (26 February 2012) • Storms and flooding (25-27 May 2012) • Storms and flooding (4 June 2012) Performance of the Emergency Services Telecommunications Authority (ESTA) In accordance with section 21C (1) (ab) and (ac) of the Act, the Commissioner is required to: • monitor and investigate the performance (in matters that are not financial matters) of the Emergency Services Telecommunications Authority (ESTA) in relation to the provision of services by the authority to emergency services and other related service organisations • make recommendations to the minister about matters arising from any monitoring or investigation of ESTA. The Emergency Services Commissioner has determined quantitative and qualitative performance standards for ESTA in accordance with section 30 of the Emergency Services Telecommunications Authority Act 2004. The OESC monitors ESTA’s performance through analysis of monthly reports and monthly meetings with ESTA Operations Management. ESTA publicly reports performance in its annual report. The Commissioner provides ESTA with quarterly written performance assessments and briefs the Minister for Police and Emergency Services on matters relating to ESTA’s performance as required. The OESC notes that, in general, ESTA achieved or exceeded its performance targets in a period of increasing call activity and service expansion in regional Victoria. There were, however, three areas of concern: • ESTA’s metropolitan performance for Ambulance Victoria (AV) • ESTA’s capacity to meet surges in call activity during floods and severe storms • ESTA’s dispatch performance for Country Fire Authority (CFA). Ambulance Victoria The ESTA completed transition of AV regional emergency call-taking and dispatch services in August 2011. During September, ESTA focused on improving emergency call answer speed and between October 2011 and May 2012 either achieved or exceeded the standard. However, throughout the reporting period, ESTA did not achieve the monthly emergency Code 1[1] dispatch standard. The ESTA has advised OESC that its inability to meet the speed of dispatch standard is primarily due to availability of AV resources, an issue outside of ESTA’s control. ESTA and AV have formed a working group to jointly review dispatch performance and develop a ‘cure plan’ containing strategies for improvement. Since forming this group, performance has improved marginally but still remains below the standard. The Commissioner has requested ESTA to provide him with a finalisation date for the cure plan and a target date for return to compliance. Country Fire Authority The ESTA achieved the CFA Priority 1[2] dispatch standard in only three months and did not achieve the Priority 3[3] dispatch standard in any month. ESTA reports that it has identified the likely causes of the performance issues and is preparing a plan to address them. Performance during surge events The ESTA experienced a number of days when storms and floods caused significant spikes in call activity. These spikes contributed to lower monthly call answer performance in all but two months. The Emergency Services Commissioner wrote to ESTA in February 2012 recommending that ESTA review its operational contingency plan for managing peaks in demand, as it was not addressing repeated capacity issues during surge events. The Commissioner has also requested ESTA to conduct a ‘without notice’ stress test prior to the 2012-13 disaster season to assure the revised plan is effective. Investigation of complaints The Commissioner investigated six complaints this year under section 21C1 (ab) of the Act. Only two were found to be due to ESTA’s non-compliance with standard operating procedures. In summary, the Emergency Services Commissioner has confidence in the levels of service provided by ESTA to the community and to the emergency services. The Commissioner will continue to monitor ESTA’s progress towards improving dispatch performance for Ambulance Victoria, the Country Fire Authority and the Victoria State Emergency Service. The Commissioner will also monitor ESTA’s progress in improving its operational contingency plan for managing unforseen surges in demand. State Emergency Mitigation Committee The State Emergency Mitigation Committee (SEMC) is established under section 9 of the Act to advise the minister on the mitigation of emergencies in Victoria. OESC provided executive support services to SEMC until March 2012 when this function transferred to the Emergency Management Policy and Legislation branch within the Police and Emergency Management Division of the Department of Justice. In late 2011, SEMC commenced the state level multi-hazard “State Emergency Risk Assessment Project 2011 (SERAP11)” to assess 14 emergency risks selected by SEMC. The outcomes of this project will inform planning and prioritising mitigation activities and expenditure for response and recovery preparedness. Victoria Emergency Management Council Under section 21C (1) (d) of the Act, the Commissioner is the executive officer for the Victoria Emergency Management Council (VEMC). VEMC is constituted under section 8 of the Act. The functions of the Commissioner as executive officer are supported by the OESC. VEMC met in July 2011 and April 2012. Exercise coordination Multi-agency exercising Between September and November 2011, OESC conducted a series of state-level exercises, known as ‘Project Belenus’, on behalf of the Fire Services Commissioner (FSC) and FSAs. The exercises were designed and coordinated by a multi-agency team managed by OESC. The project involved eight regional exercises that successfully tested the capacity and capability of the FSAs, and reinforced the need for strong relationships across the emergency management sector at all levels. It was based on a testing scenario involving a high-impact bushfire that had consequences across the region. In total, 1,062 participants took part, including volunteers and community members, plus representatives from 60 municipal councils, and the state’s emergency broadcasters. One further state-level exercise was also built into ‘Project Belenus’ to test the arrangements within the State Control Centre. Following the success of ‘Project Belenus’, in December 2011, VICSES and OESC conducted a similar exercise, titled ‘Project Platypus’. This multi-agency exercise provided an important opportunity for staff, volunteers, emergency broadcasters and the community to learn about managing a flood emergency in preparation for the anticipated bad weather in early and mid-2012. ‘Project Platypus’ involved three exercises: two regional and one state-level, in a scenario where flooding affected two regions at the same time. The exercise built on the experience of ‘Project Belenus’, illustrating the need for an “all hazards, all agencies” approach to emergency management. Building capability To prepare for its new responsibilities arising from recommendations in the Victorian Floods Review (2011), OESC is developing an audit function for multi-agency, all hazards exercising. This will involve a group of accredited “Observer Coaches” drawn from across the emergency management sector to evaluate the efficacy of plans and procedures, as well as the performance and competencies of individuals at all levels and their organisations. This will support the drive for continuous improvement and professional development within the emergency management sector. Exercise planning and coordination will be hosted by Victoria Police with OESC providing themes and objectives to be tested in exercises based on evidence from its audit and review functions. Delegations In accordance with section 21H of the Act the Commissioner may, by instrument, delegate to any person or class of person employed or engaged in the administration of the Act, all or any of the Commissioner’s powers and functions. The Commissioner has formally delegated specific functions to the Deputy Commissioner Standards, Audit and Performance that relate to section 21E (Commissioner to monitor standards) and 21F (Power to require information to be given) of the Act that apply to both ESTA and VICSES. [1] Code 1 Ambulance Victoria – potential life threatening cases. [2] Priority 1 CFA events – there is a likely threat to life or property [3] Priority 3 CFA events – there in no immediate threat to life or property, for example, domestic incinerators, washaways, electricity wires clashing. Appendix P Statement of compliance with the Building Act 1993 The Minister for Finance guidelines, pursuant to section 220 of the Building Act 1993, promote better standards for buildings owned by the Crown and public authorities, and require entities to report on achievements. The department is responsible for 91 properties used for legal, court, prison and emergency services. Other corporate entities within the Justice Portfolio, such as the Country Fire Authority, the Metropolitan Fire and Emergency Services Board and Victoria Police, will report separately on building compliance issues. New buildings conforming to standards For the financial year 2010-11, all works controlled by the department were required to be conducted in accordance with the provisions of the Building Act, relevant building regulations and other statutory requirements. The department has established appropriate mechanisms to ensure compliance, including the issuing of building permits and occupancy certificates and inspection of works. Agencies of the department are exempt from lodging building plans with local councils. Buildings maintained in a safe and serviceable condition Mechanisms in place within the department to ensure buildings are maintained in a safe and serviceable condition include: • a contract with an external service provider to manage all building essential service tasks, in accordance with legislative requirements • the development of a departmental works program forming part of the overall departmental investment strategy • a program to monitor and review effectiveness of these mechanisms. Existing buildings conforming to standards All departmental buildings comply with Minister for Finance guidelines. The mechanisms established by the department are intended to maintain compliance and the effectiveness of those mechanisms is continuously monitored. Registered building practitioners The department requires building practitioners carrying out building works to be registered and for registration to be maintained throughout the course of the works. 2011-12 Statement of compliance with the Building Act 1993 Authority Project name ID Total budget Building permits issued and work certified? $3,685,000 Permits issued and to be certified at end Commenced 3316 Corrections Facilities Maintenance (multiple sites) 3318 Shepparton Courts Remediation Works $490,000 Permits issued and to be certified at end 3319 Dandenong Government Service Office $1,265,000 Permits issued and to be certified at end 3321 Wangaratta Court Complex $2,700,000 Permits issued and to be certified at end 3855 Langi Kal Kal – Additional 54 Prison Beds $17,500,000 Permits issued and to be certified at end 3856 Dhurringile – Additional 54 Prison Beds $17,500,000 Permits issued and to be certified at end 3859 VICSES and CFA Station Upgrade – Bushfire Response $9,000,000 Permits issued and to be certified at end Completed 3827 Melbourne Legal Precinct Master Plan – Old County Court Refurbishment $22,500,000 Works certified at completion 3841 Urgent Demand – Additional 100 Temporary Beds $22,500,000 Works certified at completion Appendix Q Statement of compliance with National Competition Policy The Department of Justice continues to comply with the requirements of the National Competition Policy. An exemption for prison industries was given by the Department of Premier and Cabinet as the primary focus of their activities is employing prisoners and undertaking vocational training. Appendix R Additional departmental information available on request In compliance with the requirements of the Standing Directions of the Minister for Finance, details in respect of the items listed below have been retained by the department and are available to the relevant ministers, members of Parliament and the public on request (subject to the Freedom of Information requirements, if applicable): a. a statement that declarations of pecuniary interests have been duly completed by all relevant officers of the department b. details of shares held by senior officers as nominee or held beneficially in a statutory authority or subsidiary c. details of publications produced by the department about the activities of the department and where they can be obtained d. details of changes in prices, fees, charges, rates and levies charged by the department for its services, including services that are administered e. details of any major external reviews carried out in respect of the operation of the department f. details of any other research and development activities undertaken by the department that are not otherwise covered either in the Report of Operations or in a document which contains the financial report and Report of Operations g. details of overseas visits undertaken including a summary of the objectives and outcomes of each visit h. details of major promotional, public relations and marketing activities undertaken by the department to develop community awareness of the services provided by the department i. details of assessments and measures undertaken to improve the occupational health and safety of employees, not otherwise detailed in the Report of Operations j. a general statement on industrial relations within the department and details of time lost through industrial accidents and disputes, which are not otherwise detailed in the Report of Operations k. a list of major committees sponsored by the department, the purposes of each committee and the extent to which the purposes have been achieved. This information is available at www.justice.vic.gov.au and further enquiries should be directed to: Director Strategic Communication Branch Department of Justice GPO Box 123 Melbourne Victoria 3001