Department of Justice
2013-14 Annual Report
Department of Justice
Department of Justice
OFFICE OF THE SECRETARY
Level 14 110 Collins Street Hobart
PO Box 825 HOBART Tas 7001
13 October 2014
Hon Dr Vanessa Goodwin MLC
ATTORNEY-GENERAL
MINISTER FOR JUSTICE
MINISTER FOR CORRECTIONS
Annual Report of the Department of Justice for the year ended 30 June 2014
In accordance with the requirements of section 36 of the State Service Act 2000 and section 27 of the
Financial Management and Audit Act 1990, I have pleasure in presenting the Annual Report for the
Department of Justice for the financial year ending 30 June 2014.
Please note that this report also includes the reports by:
 the Director, Monetary Penalties Enforcement Service pursuant to section 121 of the
Monetary Penalties Enforcement Act 2005; and
 the Attorney-General pursuant to section 31 of the Police Powers (Public Safety) Act 2005.
I have also provided a copy of this report to the Treasurer and Minister for Planning and Local
Government, Hon Peter Gutwein MP.
Simon Overland
SECRETARY
DEPARTMENT OF JUSTICE
Department of Justice Annual Report 2013-14
Department of Justice
OFFICE OF THE SECRETARY
Level 14 110 Collins Street Hobart
PO Box 825 HOBART Tas 7001
13 October 2014
Hon Peter Gutwein MP
TREASURER
MINISTER FOR PLANNING AND LOCAL GOVERNMENT
Annual Report of the Department of Justice for the year ended 30 June 2014
In accordance with the requirements of section 36 of the State Service Act 2000 and section 27 of the
Financial Management and Audit Act 1990, I have pleasure in presenting the Annual Report for the
Department of Justice for the financial year ending 30 June 2014.
Please note that this report also includes the reports by:
 the Director, Monetary Penalties Enforcement Service pursuant to section 121 of the
Monetary Penalties Enforcement Act 2005; and
 the Attorney-General pursuant to section 31 of the Police Powers (Public Safety) Act 2005.
I have also provided a copy of this report to the Attorney-General, Minister for Justice and Minister
for Corrections, Hon Dr Vanessa Goodwin MLC.
Simon Overland
SECRETARY
DEPARTMENT OF JUSTICE
Department of Justice Annual Report 2013-14
Table of Contents
1.
Introduction ........................................................................................................................................................ 7
Strategic Plan ....................................................................................................................................... 9
Secretary’s Overview ........................................................................................................................ 10
2.
Organisation of the Department ................................................................................................................. 12
Department of Justice – Organisation Chart ................................................................................... 13
Output Structure and Organisational Responsibility........................................................................ 14
3.
Report on 2013-14 Targets and Initiatives ................................................................................................ 15
Report against the Key Initiatives in the 2013-14 Tasmanian Budget .............................................. 15
4.
Output Group 1 – Administration of Justice ............................................................................................ 17
Supreme Court Services ................................................................................................................... 17
Magistrates Court Services ............................................................................................................... 18
Registry of Births, Deaths and Marriages ......................................................................................... 19
Support and Compensation for Victims of Crimes .......................................................................... 22
Legal Aid............................................................................................................................................ 25
Protective Jurisdictions ..................................................................................................................... 25
Office of the Anti-Discrimination Commissioner ............................................................................ 27
Electoral Services .............................................................................................................................. 28
Tasmanian Industrial Commission .................................................................................................... 29
Workers Rehabilitation and Compensation Tribunal ...................................................................... 39
Resource Management and Planning Appeal Tribunal ...................................................................... 41
Law Library Services ......................................................................................................................... 42
5.
Output Group 2 – Legal Services ................................................................................................................ 43
Crown Law ....................................................................................................................................... 43
Strategic Legislation and Policy ......................................................................................................... 45
6.
Output Group 3 - Corrections, Enforcement and Consumer Protection ........................................ 48
Corrective Services........................................................................................................................... 48
Tasmania Prison Service ................................................................................................................... 48
Community Corrections .................................................................................................................. 57
Return to Corrections ...................................................................................................................... 66
Monetary Penalties Enforcement Service ......................................................................................... 68
Consumer Affairs and Fair Trading................................................................................................... 71
Department of Justice Annual Report 2013-14
Building Standards and Occupational Licensing ................................................................................ 82
7.
Output Group 4 - Regulatory and Other Services ................................................................................. 90
WorkSafe Tasmania .......................................................................................................................... 90
Tasmanian Planning Commission ...................................................................................................... 94
Supervision of Poppy and Hemp Crops ........................................................................................... 95
State Architect .................................................................................................................................. 98
8.
Corporate Support and Strategy ................................................................................................................. 99
Finance Branch .................................................................................................................................. 99
Human Resources Branch .............................................................................................................. 100
Strategic Systems ............................................................................................................................ 102
Information Technology Services ................................................................................................... 103
Communications and Executive Support........................................................................................ 103
9.
Climate Change............................................................................................................................................. 104
Energy Use ...................................................................................................................................... 104
Transport ........................................................................................................................................ 104
Minimise Waste .............................................................................................................................. 105
Procurement ................................................................................................................................... 105
Education and Awareness ............................................................................................................... 106
Report on Activities for 2013-14.................................................................................................... 106
10. Police Powers (Public Safety) ..................................................................................................................... 107
11. Right to Information .................................................................................................................................... 108
12. Public Interest Disclosures ......................................................................................................................... 109
13. Legislation Administered by the Department........................................................................................ 110
Attorney-General and Minister for Justice ..................................................................................... 110
Minister for Corrections ................................................................................................................ 115
Treasurer ........................................................................................................................................ 115
Minister for Planning and Local Government ................................................................................. 116
14. Departmental Publications ......................................................................................................................... 118
15. Staffing Information ...................................................................................................................................... 122
16. Senior Officers of the Department at 30 June 2014 ............................................................................ 125
17. Superannuation Certificate......................................................................................................................... 126
18. Reporting Requirements ............................................................................................................................. 127
Legislative Reporting Requirements ............................................................................................... 127
Reports of Statutory Officers ......................................................................................................... 127
Department of Justice Annual Report 2013-14
Other Reporting Requirements...................................................................................................... 127
19. Location of Services ..................................................................................................................................... 129
20. Contracts and Consultancies Awarded .................................................................................................. 131
21. Debts, Loss and Damage ............................................................................................................................ 134
Debts written off ............................................................................................................................ 134
Loss and Damage ............................................................................................................................ 134
22. Financial Statements ..................................................................................................................................... 135
Statement of Certification ................................................................................................................................... 136
Statement of Comprehensive Income for the year ended 30 June 2014....................................... 139
Statement of Financial Position as at 30 June 2014 ........................................................................ 140
Statement of Cash Flows for the year ended 30 June 2014 ........................................................... 141
Statement of Changes in Equity for the year ended 30 June 2014................................................. 142
Notes to and forming part of the Financial Statements for the year ended 30 June 2014 ............ 143
Department of Justice Annual Report 2013-14
1. Introduction
The Department of Justice provides services to maintain and promote rights and responsibilities,
resolve disputes, and contribute to the aim of a safer and more inclusive society to benefit the
Tasmanian community as a whole. The Department is responsible to two Ministers, being:

Hon Dr Vanessa Goodwin MLC, Attorney-General/Minister for Justice, Minister for
Corrections

Peter Gutwein MP, Treasurer and Minister for Planning and Local Government
The Department of Justice comprises:

Births, Deaths and Marriages

Building Standards and Occupational Licensing

Community Corrections

Consumer Affairs and Fair Trading

Corporate Support and Strategy

Crown Law

Monetary Penalties Enforcement Service

Strategic Legislation and Policy

Tasmania Prison Service

Victims Support Services

WorkSafe Tasmania
The Department provides administrative support for a number of outputs that are separately
accountable to Parliament, including the:

Supreme and Magistrates Courts

Tasmanian Industrial Commission

Legal Aid Commission of Tasmania

Tasmanian Electoral Commission

Workers Rehabilitation and Compensation Tribunal

WorkCover Tasmania Board

Forensic Tribunal

Guardianship and Administration Board

Mental Health Tribunal

Parole Board of Tasmania

Poppy Advisory and Control Board

Resource Management and Planning Appeal Tribunal

Tasmanian Planning Commission.
Department of Justice Annual Report 2013 -14
7
The Department also:

supports the statutory offices of the Solicitor-General, Director of Public Prosecutions,
Public Guardian and the Anti-Discrimination Commissioner.

acts as the employing agency for the staff of the Offices of the Director of Public
Prosecutions and the Ombudsman, which have been separate entities for budgetary purposes
since 2010-11 and 2007-08 respectively.

provides corporate services to the offices of the Ombudsman and the Health Complaints
Commissioner and to the Integrity Commission.
Department of Justice Annual Report 2013 -14
8
Strategic Plan
Our Aim: what the Department of Justice seeks to achieve
A fair, just and safe Tasmania.
Our Purpose: How the Department of Justice will achieve its aim
By working with the community to achieve a fair, just and safe Tasmania through:

providing an accessible system of justice

protecting and respecting rights

improving laws, influencing behaviour and enforcing responsibilities.
Our Values: Department of Justice office holders and employees
Consistent with the State Service Code of Conduct, we

behave with integrity

respect others

are accountable for our actions and decisions

are co-operative, inclusive and open in our dealings

act without personal bias, prejudice or improper motive
It is important that these values continue to guide our behaviours, and that through ongoing
communications we have a shared and common understanding of these values.
Our Functions
The following are key functions to which the Department is committed:
1. support our ministers by providing honest, comprehensive, accurate and timely advice
2. administer and develop courts, tribunals, statutory and regulatory bodies that promote,
protect and enforce laws
3. inform the community about laws, rights and responsibilities
4. undertake law and policy development
5. support the community to achieve effective outcomes in the justice system
6. provide a sustainable, safe, secure, humane and effective corrections system
7. ensure all aspects of the Department's activities are conducted effectively, efficiently and
safely
Department of Justice Annual Report 2013 -14
9
Secretary’s Overview
The Department of Justice continued to deliver strong performances across its many functions
during the course of the 2013-14 financial year, as will be highlighted throughout this report and the
separate annual reports that will be tabled by various entities within the Department of Justice
portfolio.
The financial year has been broken into two parts with the State election in March 2014. Prior to
the caretaker period before the election, the Department continued to progress a significant volume
of legislation throughout the second half of 2013. With the new Government being formed in early
April 2014, the Department has had a key role in delivering on a number of election commitments as
part of the new Government’s 100 day plan.
The Department has also worked hard to ensure that its incoming Ministers, the Attorney-General,
Minister for Justice and Minister for Corrections, the Hon Dr Vanessa Goodwin and the Treasurer
and Minister for Planning, the Hon Peter Gutwein, have been supported in the transition into
Government and in implementing the range of election commitments relevant to their portfolios. I
have been very pleased and proud of the professionalism of the Department’s staff in quickly
adjusting to the needs of the new Government.
Other highlights have included continued and significant progress in fully implementing the
Corrections Reform Program. This has been a long journey for the Tasmania Prison Service, in
particular, but under the combined leadership of Deputy Secretary Robert Williams and the Director
of Prisons, Mr Brian Edwards, the prison service is operating more humanely, safely and efficiently.
The major capital redevelopment of the Risdon Prison Complex is substantially progressed and will
be completed in 2014. This will provide the infrastructure to support a range of new programs.
Corrections staff continue to work professionally with management in implementing significant
reform while maintaining and improving service standards.
The Department has co-ordinated the Tasmanian Government’s responses to the Royal Commission
into Institutional Responses to Child Sexual Abuse (and the concurrent State based Commission of
Inquiry). The Commission tabled its interim report at the end of the financial year, providing graphic
and compelling evidence of the extent of child sexual abuse within institutions. To date, the
Tasmanian Government has provided information in response to requests issued by the Royal
Commission, and contributed to the policy formulation discussions. It is expected that the Royal
Commission will provide a further report mid-2015 and its remit has been extended to 2017.
Mr Leigh Sealy SC resigned as Solicitor-General for the State of Tasmania effective 16 May 2014. I
would like to acknowledge the significant contribution Mr Sealy made to public administration during
his time as the Solicitor-General. His wise legal advice and good humour were greatly appreciated
across the State Service. I wish him well in his retirement from Government service.
Last year I reported on the review of the Department’s structure and indicated that we would
progressively implement the recommendations over the next two years. I am pleased to be able to
report that we have made substantial progress in implementing all the recommendations. This has
included establishing a re-caste Deputy Secretary Administration of Justice role that groups all the
courts; tribunals; Legal Aid Commission of Tasmania; Anti-Discrimination Commissioner; Public
Guardian; Births Deaths and Marriages; Victims Support Services and the Tasmanian Electoral
Commission. Ms Ginna Webster was appointed to that role.
Department of Justice Annual Report 2013 -14
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Mr Chris Batt was appointed to another re-caste senior executive role, that of General Manager
Corporate Support and Strategy, grouping Human Resources; Finance and Information; and
Executive Support. The new WorkSafe Tasmania has merged most of the old Workplace Standards
with Work Cover, with some functions moving to a new Building Standards and Occupational
Licensing branch. Full details on the current structure are provided later in this annual report. The
final part of this process will see the Department implement a new Output Structure from 2014/15.
I conclude by thanking all the staff and office holders across the Department for their continuing
services to the Tasmanian Government and the public.
Simon Overland
Secretary
Department of Justice Annual Report 2013 -14
11
2. Organisation of the Department
Department of Justice staff are employed in a comparatively large number of separate functional
units. This separation reflects the constitutional and/or statutory independence of many of those
units.
The organisational structure of the Department as at 30 June 2014 is depicted in the diagram on the
following page.
The structure differs from last year’s Annual Report, as during 2013-14 a review of the Agency’s
structure was implemented which realigned a number of outputs and reporting arrangements.
Department of Justice Annual Report 2013 -14
12
Department of Justice – Organisation Chart
Secretary
The following outputs
report directly to the
Secretary
Deputy Secretary Administration of Justice
Deputy Secretary Corrections
General Manager
Corporate Support
and Strategy
Crown Law
Office of the AntiDiscrimination
Commissioner
Tasmania Prison
Service
Human Resources
Tasmanian Planning
Commission
Courts
Monetary Penalties
Enforcement Service
Finance
Community
Corrections
Information
Office of the Public
Guardian
Consumer Affairs and
Fair Trading
Communications and
Executive Support
Legal Aid Commission
Building Standards and
Occupational Licensing
Magistrates Court
Supreme Court
WorkSafe Tasmania
Strategic Legislation
and Policy
Tribunals
- Anti-Discrimination
Tribunal
- Asbestos Compensation
Tribunal
- Forest Practices Tribunal
- Guardianship &
Administration Board
- Health Practitioners
Tribunal
- Mental Health Tribunal
- Resource Management &
Planning Appeal Tribunal
- Tasmanian Industrial
Commission
- Workers Rehabilitation &
Compensation Tribunal
Births, Deaths and
Marriages
Victims Support Services
Library Services
Tasmanian Electoral
Commission
Department of Justice Annual Report 2013 -14
Denotes administrative
support only, independent
statutory body.
13
Output Structure and Organisational Responsibility
The following table provides the linkage between the Department’s output structure and the part of
the organisation responsible for the delivery of each output.
There has been a reorganisation of the structure, and while the number of Outputs remains the
same have been collapsed down into four Output Groups instead of the previous eleven.
Table 2.1: Output Structure and Organisational Responsibility
No.
Output
Organisational Responsibility
Output Group 1 - Administration of Justice
1.1
Supreme Court Services
Supreme Court
1.2
Magistrate Court Services
Magistrates Court
1.3
Births Deaths and Marriages
Registry of Births, Deaths and Marriages
1.4
Support and Compensation for Victims of Crime
Victims Support Services
1.5
Legal Aid
1.6
Protective Jurisdictions
1.7
Anti-Discrimination Commissioner
Legal Aid Commission
Mental Health Tribunal
Office of the Public Guardian
Guardianship and Administration Board
Office of the Anti-Discrimination Commissioner
1.8
Elections and Referendums
Tasmanian Electoral Commission
1.9
Tasmanian Industrial Commission
Workers Rehabilitation and Compensation
Tribunal
Resource Management and Planning Appeal
Tribunal
Tasmanian Industrial Commission
1.10
1.11
Workers Rehabilitation and Compensation Tribunal
Resource
Tribunal
Management
and
Planning
Appeal
Output Group 2 - Legal Services
2.1
Crown Law
2.2
Legislative Development and Review
Solicitor General
Crown Solicitor
Strategic Legislation and Policy
Output Group 3 - Corrections, Enforcement and Consumer Protection
3.1
Prison Services
Tasmania Prison Service
3.2
Community Corrective Services
Community Corrections
3.3
Enforcement of Monetary Penalties
Monetary Penalties Enforcement Service
3.4
Consumer Services
Consumer Affairs and Fair Trading
3.5
Building and Occupational Licensing Services
Building Standards and Occupational Licensing
Output Group 4 - Regulatory and Other Services
4.1
WorkSafe Tasmania
WorkSafe Tasmania
4.2
Tasmanian Planning Commission
Tasmanian Planning Commission
4.3
Supervision of Poppy and Hemp Crops
Poppy Advisory and Control Board
4.4
State Architect
State Architect
Department of Justice Annual Report 2013 -14
14
3. Report on 2013-14 Targets and Initiatives
Report against the Key Initiatives in the 2013-14 Tasmanian
Budget
For more financial information in relation to these initiatives, see chapter 7 in the 2013-14 Tasmanian
Budget Paper No.2.
Anti-Discrimination Commissioner
Additional funding was provided to the Office of the Anti-Discrimination Commissioner to meet an
increase in the level of demand and increasing costs.
Mental Health Bill 2012
The Mental Health Act 2013 replaced of the existing Mental Health Tribunal and Forensic Tribunal
with a new, single Tribunal from 17 February 2014. The Mental Health Act 2013 increased the
workload of the new Tribunal and has expanded the volume and complexity of hearings required.
Funding was provided in the 2013-14 Budget to assist the new Tribunal to meet the additional
demand that resulted from the legislative changes.
Planning Reform Specialist Gap
It was anticipated that all of the outstanding interim planning schemes would be submitted during the
2013-14 financial year. In recognition of the need for additional specialist planning resources to
enable the schemes to be assessed in a timely manner, additional funding was provided to the
Tasmanian Planning Commission in 2013-14 to assist the Commission to meet the requirement for
these specialist skills.
Additional Funding for Correctional Services
Additional funding of $2.5 million per annum was provided to the corrections portfolio to meet the
increasing demand and costs for correctional services. $1.1 million of this was provided to meet
increasing operational costs within the Tasmania Prison Services with the remaining $1.4 million
provided to Community Corrections to meet demand and cost increases.
Launceston Reception Prison
The existing Launceston Reception Prison (LRP) facility was originally built as a Police watch-house in
the early 1970s as part of the Launceston Police Headquarters. The site is now a Reception Prison
and housing longer term prisoners. Due to the age of the facility, there are both safety issues for
prisoners and security issues for staff of the complex. Funding was provided to address the
immediate security and safety issues at the complex.
Medium Security Accommodation
The original design of the medium security facility was intended to provide a more 'normal' domestic
environment for prisoners, with less structural fortification than the maximum security area. Recent
incidents in these units have, however, highlighted some security matters that need to be addressed.
This funding was provided to address these security requirements.
Prison Infrastructure Redevelopment Program Stage D Operational Costs
The construction of additional infrastructure at the Risdon Prison Complex as part of Stage D of the
Prisons Infrastructure Redevelopment Program commenced during 2012-13. This funding is to
Department of Justice Annual Report 2013 -14
15
provide for the operational costs of these facilities once commissioned. The funding provides for 50
per cent of the operational costs for these facilities from 1 July 2014 and the remaining 50 per cent
from 1 July 2015.
Department of Justice Annual Report 2013 -14
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4. Output Group 1 – Administration of Justice
Supreme Court Services
The Supreme Court is the highest court in the State with responsibility for both civil and criminal
matters. The Supreme Court has unlimited jurisdiction in criminal and civil matters except where
legislation, either Commonwealth or State, provides otherwise. The Full Court and Court of
Criminal Appeal hear appeals from decisions of single Judges.
The Court is a court of review from the Magistrates Court and the majority of statutory tribunals
that exercise specialist jurisdiction. The Court has jurisdiction to review decisions and hear
applications under a wide range of statutory provisions. The Supreme Court also exercises probate
and admiralty jurisdictions.
The Supreme Court is provided with funding for six Judges, an Associate Judge and judicial support
staff including associates, attendants, administrative and secretarial support. Funding is also provided
for the provision of registry services and facilities to support the work of the Court.
Supreme Court registries are located in Hobart, Launceston and Burnie.
The following specialised services are provided:

the Registrar's office provides a mediation service in matters before the Court and taxes bills
of costs both in the Supreme Court and under the Legal Profession Act 2007;

the Registrar in Probate grants probate, letters of administration and reseals in noncontested matters; and

the Sheriff executes civil process (including admiralty jurisdiction) and manages the jury
system.
For more detailed information on the Court’s activities, including performance information, please
refer to the Court’s Annual Report. The Report is available on the Supreme Court of Tasmania
website under Publications.
Department of Justice Annual Report 2013 -14
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Magistrates Court Services
The Magistrates Court hear and determine simple offences, crimes heard summarily under State and
Commonwealth legislation, breaches of duty, applications under various State and Commonwealth
statutes, and exercise a wide range of appellate and review functions. Magistrates also hear simple
and indictable offences in the Youth Justice Division as well as exercising child protection and welfare
responsibilities under various Acts.
Magistrates in the Civil Division hear and determine civil matters to a value of $50,000 (or an
unlimited amount with the consent of the parties) and minor civil claims to a value of $5,000.
Magistrates also sit as Coroners to conduct inquests into sudden deaths, fires and explosions and as
chairpersons of various statutory tribunals, such as the Anti-Discrimination Tribunal, the Motor
Accidents Compensation Tribunal and the Mining Tribunal.
The Magistrates Court is comprised of 16 magistrates. Daily court sittings occur at Hobart,
Launceston, Devonport and Burnie and circuit court sittings at Queenstown, Smithton, Currie,
Whitemark, Scottsdale, St Helens and Huonville.
For more detailed information on the Court’s activities, including performance information, please
refer to the Court’s Annual Report. The Report is available on the Magistrate's Court of Tasmania
website under Publications.
Department of Justice Annual Report 2013 -14
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Registry of Births, Deaths and Marriages
The Registry of Births Deaths and Marriages (BDM) contributes to a fair, just and safe Tasmania by
ensuring that BDM activities are conducted effectively and efficiently. BDM is responsible for the
registration, maintenance and dissemination of various forms of life event information.
Report on Major Issues for 2013-14
Volume of Applications
BDM processed approximately 60,000 transactions during 2013-14. Although registration activity
remained constant, the number of certificate applications decreased by approximately 10% compared
to 2012-13. This trend has been experienced by most other Australian Registries of Births, Deaths
and Marriages.
In addition to the volume of transactions processed, approximately 14,000 phone calls were received
on the BDM main enquiry line and staff responded to over 1500 email enquiries.
The average processing time for standard certificate applications was 6 working days. There was a
steady demand for the priority service, whereby a customer can pay an additional fee to ensure their
application is processed on the same day. BDM decorative certificates continued to be popular with
new parents.
Image shows the popular ‘flora’, ‘teddy’ and ‘hands’ decorative certificates
Privacy Considerations - Access
Records held by BDM contain primary information about individuals. Access to all information is
governed either by legislation or internal policies and guidelines. The BDM access policy is available
to all customers.
Access to information by other government authorities is subject to adherence with strict privacy
and ethical guidelines.
BDM continues to collaborate with interstate colleagues and the Australian Bureau of Statistics to
improve the quality and management of Life Event Data across Australia. A significant amount of
work was undertaken nationally in 2013-14 to establish a data management framework for death
data. Once completed, a similar framework will be established for birth data.
Digitisation of Paper Records
Work continued on the digitisation of 1920-1970 birth records during the reporting period.
An external contractor completed the scanning of the 1920-1970 birth records in November 2012.
Since then, BDM staff members have been undertaking the data entry and associated quality
Department of Justice Annual Report 2013 -14
19
assurance activities. Staffing changes have impacted on the progress of this work, but it is anticipated
that this project will be completed during 2014-15. Arrangements are underway for the large,
hardcopy birth volumes to be archived once all the records have been digitised.
Image shows an example of the historical birth records that have been scanned and are ready for archiving.
In order to progress the digitisation and archiving of more historical records, BDM has entered into
an agreement to use FamilySearch International volunteers to scan 1900-1912 birth records. This
work should be completed during 2014-15.
Identity Fraud
BDM works cooperatively with Service Tasmania, Tasmania Police, other Australian Registries and
Australian Government agencies to minimise the risk of identity fraud.
Tasmania continued to participate in the National Certificate Validation Service (CertValid) during
2013-14. This service allows subscribing organisations to validate certificates with the relevant
registries of births, deaths and marriages around Australia. During 2013-14, 67,628 Tasmanian
certificates were automatically verified using CertValid. BDM staff carried out a further 1500
information checks for Tasmania Police and other Government Agencies.
BDM also verifies some documents through the National Document Verification System (DVS). The
DVS was set up by the Commonwealth government to support the National Identity Security
Strategy. It is a national, real time, on-line electronic verification system which provides a ‘yes’ or
‘no’ answer verifying information found on key identity documents, including birth certificates. DVS
usage is steadily increasing. As BDM convert more records to an electronic format, Tasmania will be
able to more fully participate in national identification processes.
Access to Services
BDM’s main enquiry service is provided by the Government Contact Centre within Service Tasmania.
Call resolution and call answering targets have been monitored, and the Contact Centre is
successfully resolving approximately 80 per cent of calls.
BDM continues to offer the following electronic services:
Department of Justice Annual Report 2013 -14
20

E-messaging service, which allows birth certificates to be forwarded electronically to Service
Tasmania, and is available for individuals applying for a driver’s licence or a personal
identification card.

E-Births, which allows maternity hospitals to lodge birth notifications with BDM
electronically. The Launceston General Hospital, Royal Hobart Hospital, North West
Regional Hospital and Mersey Community Hospital are all using this facility.

E-deaths, which allows Tasmanian funeral directors to register deaths online. 95% of funeral
businesses are now using this service.
From August 2013 all new birth registration statements received by BDM have been scanned and
loaded into the BDM database. Information is then data entered from the scanned image. New
processes for scanning of all incoming death, marriage and change of name registration documents
will be implemented in 2014-15.
BDM is actively investigating options to capture more data electronically, including the development
of a facility for doctors to lodge medical cause of death information online.
BDM implemented the records management system “TRIM” as part of the standard Department of
Justice roll-out in September 2013. This has improved the handling of general correspondence that is
not stored in the BDM database.
A review of the content and layout of the BDM website was completed in 2013-14. The website will
continue to be regularly updated in response to customer feedback, to ensure that information is
clear and easily accessible.
Performance Indicators
The indicators measure the accuracy and accessibility of BDM certificates to all Tasmanians during
2013-14. The growing need for people to access certificates for identification in a timely manner
means that the time BDM take to accurately register events and issue certificates is a key measure of
accessibility.

approximately 70% of events were registered in less than 7 days.

65% of applications were processed in less than 7 days.

registration error rate was less than 5%.
Further information is available on the Births Deaths and Marriages website
Department of Justice Annual Report 2013 -14
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Support and Compensation for Victims of Crimes
Victims Support Services (VSS) was established to meet the needs of victims of crime within our
community. The VSS is responsible for the management and operation of the Victims Assistance
Unit, Court Support and Liaison Services and the Victims of Crime Service.
Victims Assistance Unit
The Victims Assistance Unit is responsible for:

the production and maintenance of the Victims Register and the provision of information to
victims on that Register;

liaison between the victim and other divisions of the Department;

provision of information to victims regarding court processes and outcomes; and

administration of the Victims of Crime Assistance Act 1976 and support to the Criminal Injuries
Compensation Commissioners.
There are currently 877 victims on the Victims Register.
Court Support and Liaison Services
Court Support and Liaison Services is a Safe at Home program working with adult and child victims of
family violence. The service is responsible for:

advising victims of family violence on how to take out a Family Violence Order;

explanation of the roles of people within the justice system;

information for applicants, victims and witnesses;

providing court orientation (including a court tour), and information on:
o
the roles of those working within the court,
o
language and terms used in the court,
o
how best to present information to the court
o
court etiquette;

assisting Legal Aid in the completion of applications for Family Violence Orders;

accompanying victims to court and providing personal support throughout the court process;

discussion of the impact of the decision of the court;

debriefing victims following a court appearance;

following up through referral to other services;

conducting victim interviews where the offender is attending a Family Violence Offender
Intervention Program;

participating in the Safe at Home case management and co-ordination meetings;

reducing the trauma experienced by child witnesses as a result of involvement in an adult
legal process;

case and systems co-ordination involving child witnesses;

liaison with child counsellors to ensure services are appropriate and consistent; and
Department of Justice Annual Report 2013 -14
22

heightening awareness of the needs and problems faced by children giving evidence in an
adult legal system.
Victims of Crime Service
Victims of Crime Service is a face to face counselling, support and referral service for self-identified
victims of crime.
The Victims of Crime Service provides:

personal support, counselling and information

referral to appropriate community services and resources

information regarding the criminal justice system

support for people attending court

assistance with Victim Impact Statements

information and assistance with Victims of Crime compensation applications

advocacy for victims’ rights.
Report on Major Issues for 2013-14
The following initiatives were undertaken by Victim Support Services during 2013-14:

worked with the Road Trauma Support Service to develop an agreement whereby the Road
Trauma Support Service will work across the state with families of persons killed in a road
crash, as these people do not meet VSS service eligibility criteria

addressed and cleared the backlog of Victims of Crime Assistance applications and
implemented strategies to mitigate the risk of this occurring again

provided information and a submission to the Royal Commission into Institutional Responses
to Child Sexual Abuse

ongoing participation in a National Working Group which is developing a National
Framework of Rights and Services for Victims of Crime
Performance Indicators
Court Support and Liaison Services:
Table 4.1: Indicators to Manage Service Delivery Processes
Number of clients
Number of new clients
2009-10
2010-11
2011-12
2012-13
2013-14
3 896
634
5 017
642
6 728
585
5 874
488
6 027
733
Court Support and Liaison Services have assisted an average of 441 clients per month over the
2013–14 financial year.
Department of Justice Annual Report 2013 -14
23
Victims of Crime Service
Table 4.2: Indicators to Manage Service Delivery Processes
Number of victim contacts
Number of new contacts
2009-10
2010-11
2011-12
2012-13
2013-14
1 498
738
1
2 161
448
2 227
469
1 8532
258
2 573
1 760
Note 1 the increase in the number of contacts came about following a restructuring of services which has meant
increased hours of service and greater promotion of the service.
Note 2 the southern position was unfilled for 3 months in the year resulting in a decrease in contacts this FY
Victims of Crime Services have assisted an average of 155 clients per month during the 2013–14
financial year.
The majority of time was devoted to:

case management on behalf of clients;

support and counselling;

assistance for victims of crime to access Victims of Crime Assistance Scheme; and

assistance with Victim Impact Statements.
Table 4.3 shows the make-up of the VSS client group serviced by the Victims of Crime Service.
Table 4.3: Victims of Crime Service – Client Group Composition
Gender
Female
Male
2009-10
2010-11
2011-12
2012-13
2013-14
912
586
1 867
925
1 423
738
1 503
724
1 167
686
2012-13
2013-14
Table 4.4: Victims of Crime Assistance Awards
2009-10
Number of applications
Number of Awards made
Total Payments – excl.
costs ($’000)
Total Costs – including
reports ($’000)
Average Award
2010-11
2011-12
319
223
304
257
332
279
399
287
400
263
2 163
2 415
2 901
2 796
2 253
229
151
163
195
154
$10 734
$9 974
$10 981
$10 912
$9 719
Total Payments exclude amounts paid to victims to reimburse the costs associated with their claim for compensation.
These costs include expenses such as legal costs, the cost of medical and other reports. These are reported under Total
Costs.
Further information is available on the Victims Support Services website.
Department of Justice Annual Report 2013 -14
24
Legal Aid
The Legal Aid Commission of Tasmania provides legal assistance to those persons who would be
disadvantaged if they were not granted legal representation.
The Commission operates under its own Act and is funded from State Government and Australian
Government sources.
The Legal Aid Commission prepares a separate Annual Report which provides more detailed
information on the Commission’s activities, including performance information.
Further information, including the Annual Report, is available on the Legal Aid Commission website.
Protective Jurisdictions
Guardianship and Administration Board
The Guardianship and Administration Board adjudicates on applications for the appointment of
guardians and administrators for adults with disabilities who are incapable of making reasonable
decisions. The Board supervises and periodically reviews those appointments.
The Board also adjudicates on applications to review the appointment of enduring guardians and
enduring powers of attorney, applications for consent to medical or dental treatment, applications
for consent to restrictive interventions and applications for the making of statutory wills.
The Board’s jurisdiction is derived from the Guardianship and Administration Act 1995, the Wills Act
2008, the Powers of Attorney Act 2000 and the Disability Services Act 2011.
For more detailed information on the Guardianship and Administration Board’s activities, including
performance information, please refer to the Board’s Annual Report, which is available on the
Guardianship and Administration Board’s website.
Mental Health Tribunal
The Mental Health Tribunal is an administrative body with primary responsibility to authorise and
review the treatment of patients with mental illness who are unable to provide informed consent.
The Tribunal is established under the Mental Health Act 2013 and its primary functions are to:

make, vary, renew and discharge treatment orders;

authorise the treatment of forensic patients;

authorise special psychiatric treatment;

determine applications for leave, from secure mental health units, for patients subject to
restriction orders;

carry out any further functions given to it under that or any other Act.
The Tribunal commenced operations on 17 February 2013 and replaced the previous Mental Health
Tribunal and the Forensic Tribunal, both of which operated under the previous Mental Health Act
1996.
Department of Justice Annual Report 2013 -14
25
For more detailed information on the Mental Health Tribunal’s activities, including performance
information, please refer to the Tribunal’s Annual Report which is available on the Mental Health
Tribunal's website.
The Public Guardian
The Public Guardian acts as guardian when appointed to do so by the Guardianship and
Administration Board.
For more detailed information on the Public Guardian’s activities, including performance information,
please refer to the Public Guardian’s Annual Report. The Report is available on the Public Guardian’s
website.
Department of Justice Annual Report 2013 -14
26
Office of the Anti-Discrimination Commissioner
The Anti-Discrimination Commissioner operates under the Tasmanian Anti-Discrimination Act 1998
which became law on 10 December 1999.
The Commissioner:

attempts to resolve complaints of discrimination and prohibited conduct through dispute
resolution processes including directed conciliation conferences.

receives, assesses and investigates complaints of discrimination and prohibited conduct under
the Act;

undertakes community education, development and liaison, and provides workplace policy
advice, education and training;

grants or refuses applications for exemption from the operation of the Act;

makes submissions to the Attorney-General and Minister for Justice and Parliamentary and
other inquiries into legislation and policy where it may breach rights set out in the Act or
extend rights and obligations consistent with the Act;

conducts own-motion investigations into discrimination or prohibited conduct;

develops guidelines on best practice to achieve compliance with the Act;

appears in proceedings under the Act where relevant; and

may seek leave to intervene in courts and tribunals in proceedings relevant to the principles
underlying the Act.
The Commissioner’s work is undertaken by the Commissioner with the support of the staff at the
Office of the Anti-Discrimination Commissioner.
A priority for the Commissioner is to improve understanding of what is discrimination and
prohibited conduct under the Act and work with people and organisations across Tasmania to
reduce the incidence of discrimination and improve compliance with the Act.
Further information on the activities of the Anti-Discrimination Commissioner is available in the
Commissioner’s Annual Report., which is published on the Anti-Discrimination Commissioner's
website.
Department of Justice Annual Report 2013 -14
27
Electoral Services
The Tasmanian Electoral Commission (the Commission) has statutory responsibility for the conduct
of independent and impartial elections and referendums, which are fundamental to Tasmania’s
democracy.
The Commission conducts parliamentary and local government elections, as well as a range of
statutory and non-statutory elections on behalf of other organisations.
Elections and Referendums
The Commission conducts:

House of Assembly elections, by-elections and recounts;

Legislative Council elections and by-elections;

local government elections, by-elections and recounts;

State referendums;

local government elector polls;

the implementation of electoral boundary redistributions;

Aboriginal Land Council of Tasmania elections;

other statutory elections;

semi-government and other elections conducted in the public interest; and

public electoral information programs.
The Commission and the Australian Electoral Commission jointly manage and maintain the electoral
rolls for Federal, State and Local Government elections.
The Tasmania Electoral Commission's website provides further information on its activities of the is
provided in the Commission’s Annual Report, which is available at.
Department of Justice Annual Report 2013 -14
28
Tasmanian Industrial Commission
The Tasmanian Industrial Commission (the Commission) is the industrial tribunal for the State of
Tasmania.
The jurisdiction of the Commission is essentially limited to state public servants employed pursuant
to the State Service Act 2000. However, a private sector jurisdiction exists for long service leave
matters.
The primary roles of the Commission are to:

maintain mechanisms to meet the objectives of the Industrial Relations Act 1984;

meet its obligations under the State Service Act 2000 in relation to the review of applications
by State Service employees in relation to selection and other actions relating to their
employment, and

undertake such other inquiries and references that may be referred to the Tasmanian
Industrial Commission or its members from time to time.
Membership of the Commission (as at 30 June 2014)
Appointed as a Commissioner from 22 August 2000.
Tim Abey
Appointed as a Commissioner and Deputy President from 22 February
2010.
Appointed as a Commissioner and President from 30 August 2012 for a
term of five years.
Nicole Wells
Appointed as a Commissioner and Deputy President from 24 September
2012 for a term of five years.
Appointed as a Commissioner on 31 May 2010 for a term of two years.
Michael Gay*
Appointed as a Commissioner on 18 June 2012 for a term of two years.
Appointment continuing under provisions of s21 of the Acts Interpretation
Act 1931
Appointed as a Commissioner on 31 May 2010 for a term of two years.
Appointed as a Commissioner on 18 June 2012 for a term of two years.
Barbara Deegan*
Commissioner Deegan’s primary appointment is as a Commissioner of Fair
Work Australia.
Appointment continuing under provisions of s21 of the Acts Interpretation
Act 1931
Appointed as a Commissioner on 5 August 2013 for a term of two years.
Tim Lee*
Commissioner Lee’s primary appointment is as a Commissioner of Fair
Work Australia.
*Note: Commissioners Gay, Deegan and Lee primarily sit on Full Bench appeal matters.
Dual Appointments
Since 6 September 2013, both President TJ Abey and Deputy President NM Wells have held
appointments as Deputy Presidential members of the Federal Fair Work Commission.
Department of Justice Annual Report 2013 -14
29
These dual appointments involve hearing applications for orders to stop bullying under the antibullying jurisdiction as well as participating in the monthly arbitration roster for Tasmania which
includes hearings in both Hobart and Launceston.
Fair Work Commissioners holding dual appointments with the Tasmanian Industrial Commission
have reciprocally sat on state full bench matters.
Staff of the Commission
Staffing and support services to assist the Commission in carrying out its powers and functions are
provided by the Department of Justice.
Industrial Matters
The Industrial Relations Act 1984 provides for the establishment of the Tasmanian Industrial
Commission with jurisdiction to hear and determine matters and things arising from, or relating to,
industrial matters, including the making of awards, the conduct of hearings and the settling of
disputes, to provide for the registration of employer and employee organisations, to encourage
workplace bargaining and to provide for related and other matters.
In general terms, "industrial matter" is defined as meaning any matter pertaining to the relations of
employers and employees, including:


a matter relating to:
o
the mode, terms and conditions of employment;
o
the termination of employment of an employee or former employee;
o
the reinstatement or re-employment of an employee or a former employee who has
been unfairly dismissed;
o
the payment of compensation to an employee or a former employee if the
Commission determines that reinstatement or re-employment is impracticable;
o
severance pay for an employee or a former employee whose employment is to be, or
has been, terminated as a result of redundancy;
o
a dispute under the Long Service Leave Act 1976 or the Long Service Leave (State
Employees) Act 1994 relating to an entitlement to long service leave, or payment
instead of any such leave, or the rate of ordinary pay at which any such leave or
payment is to be paid in respect of an employee or former employee; and
a breach of an award or a registered agreement.
"Industrial matter" does not, however, include a matter relating to:

the opening or closing hours of an employer's business premises;

compensation payable to employees in respect of injuries or diseases suffered in the course
of their employment;

the preferential employment or non-employment of a particular person or class of persons
who are or are not members of an organization;

a bonus payment made at the discretion of an employer;

the insurance of employees; or

appointments, or promotions, other than in respect of the qualifications required for
advancement.
Department of Justice Annual Report 2013 -14
30
The Commission’s workload for the past four years under the Industrial Relations Act 1984 is
summarised in the table below.
Table 4.5: Applications under the Industrial Relations Act 1984
2010/11
2011/12
2012/13
2013/14
112
129
163*
148*
Total applications
*does not include SSA reviews.
From 1 January 2010 private sector employment was relinquished to the Commonwealth as part of a
national industrial relations system. As a result the workload of the Commission under this
jurisdiction, as measured by the number of applications received, is about 42% less than it was in
2009/10 and appears to be settling around 150 applications per year.
State Service Act Reviews
Section 50 of the State Service Act 2000 provides an entitlement (with some exceptions) for
employees to make application to the Commission for a review of decisions concerning selections or
any other State Service action that relates to their employment in the State Service.
The Commission officially assumed this jurisdiction on 4 February 2013. Previously, from October
2012, President Abey and Deputy President Wells had carried out the role under formal delegations
from the Director, State Service Management Office.
The Commission has made appropriate representations for a review of the State Service Regulations
2011 with a view to restoring the status quo to timelines that existed before 4 February 2014. This
would, in limited circumstances, allow discretion for the Commission to grant an extension of time.
In exercising this jurisdiction, the Commission focuses on service delivery and efficiency, particularly
in relation to timeliness of outcomes.
In the 2013-14 reporting period, 68 applications were lodged with the Commission. A total of 66
applications were finalised during the year, and of those, 48 were finalised within 3 months of
lodgement.
Table 4.6: Applications for Review under the State Service Act 2000
*Applications for Review
Review Selections
Review Other
Review Translation
Total
2010-11
2011-12
N/A
N/A
2012-13
12
40
7
59
2013-14
20
48
0
68
*The President is required to report separately to Parliament about this jurisdiction. The Commission’s role is mentioned
here for the sake of completeness.
Inquiries and References
The Commission undertakes inquiries and references referred to the Commission or its members
from time to time. The following report was finalised during the period under review:-
Parliamentary Salaries and Allowances
The tribunal appointed by Order-in-Council to “prepare a report to determine the basic salary for
members of the Tasmanian Parliament, and whether the entitlements and allowances provided for in
Department of Justice Annual Report 2013 -14
31
Schedule 2 of the Parliamentary Salaries, Superannuation and Allowances Act 2012, remain appropriate
to the contemporary needs of such members” completed their deliberations and reported their
findings to the Premier on 28 May 2014.
Although the members of the tribunal, Tim Abey (chair), Nicole Wells and Barbara Deegan are all
members of the Commission, they acted independently from the Commission in their role as
members of the tribunal.
The final determination of the tribunal was that the basic salary for members of the Tasmanian
Parliament has, on any measure, lost significant relativity with the other State and Territory
Parliaments, State Service employees and the wider Tasmanian workforce and shall increase from
$118 466 pa to become:

$124 000 with effect from 1 July 2014;

$128 000 with effect from 1 January 2015;

From 1 July 2015 and 1 July 2016, the basic salary is to be adjusted by the change in the
Wage Price Index, Ordinary Time Hourly Rates of Pay, Excluding Bonuses; Tasmania, Private
and Public; All Industries [ABS catalogue 6345.0] between the March quarter in that year and
the March quarter in the preceding year; and

That during 2016/17 the basic salary and allowances be subject to review by an independent
tribunal, with a view that any change would take effect from 1 July 2017.
The tribunal recommended that, consistent with the practice since 1997, the relevant legislation be
amended to specify that the independent tribunal referred to above be a full bench of the Tasmanian
Industrial Commission.
The tribunal determined that:

existing electoral allowances shall increase by 2.76 % with effect from 1 July 2014;

members shall be entitled to a vehicle allowance and a resettlement allowance equivalent to
12 weeks at the basic salary subject to meeting set criteria;

there is payable to a member of Parliament an away from home travelling allowance for
expenses incurred while travelling on official parliamentary business;

there shall be payable, by way of reimbursement, to each member a telecommunications
allowance; and

the taxi allowance, and the daily sitting fee for a member of a standing committee are to be
abolished with effect from 1 July 2014
Other Major Issues
Matter T14020 of 2013 - Health Services Union of Australia, Tasmania No. 1
Branch (Health and Community Services Union) and the Minister administering
the State Service Act 2000
On 15 January 2013, the Health Services Union of Australia, Tasmania No.1 Branch applied to the
President, pursuant to s23 of the Industrial Relations Act 1984 for the variation of the Tasmanian
Ambulance Service Award to include the classification structure for paramedics employed by
Ambulance Tasmania as contained in the Ambulance Tasmania Agreement 2010 and for a work value
assessment to be conducted on those classifications.
Department of Justice Annual Report 2013 -14
32
The work value claim did not cover all classifications within the award. The claim explicitly excluded
communications officers but included a new classification of flight paramedic – helicopter.
The President initially allocated the application to Wells DP. After directions hearings on 26 March
2013 and 24 June 2013 and formal hearings on 2, 3 and 4 September 2013 Wells DP formed a view
that issues had arisen of such significance that the matter should be heard by a Full Bench and she
advised the President accordingly. The President agreed with her view and issued a decision on 18
September 2013 in which he determined that the matter should be referred to a Full Bench
comprised of President Abey, Deputy President Wells DP and Commissioner Gay.
On 20 September 2013 a directions conference was held before the Full Bench at which time the
parties agreed that the evidence previously given on transcript on 2, 3 and 4 September 2013 would
not have to be repeated. The Full Bench heard further evidence on 14, 15 and 16 October 2013
with closing submissions heard on 4 and 5 November 2013.
In its decision handed down on 11 April 2014, the Full Bench determined that as a first step the
award would be varied to reflect the classification and remuneration structure of the 2013
agreement as agreed by the parties in relation to unified rates of pay.
As a second step the Full Bench then considered how the alteration to the relevant classifications,
found to have been effected by work value, should be assessed in money terms.
The Full Bench then determined that the base rate of pay for a Paramedic Intern should be $56,800,
a Paramedic Year 1 should be $62,998 and an Intensive Care Paramedic Year 1 should be $75,597.
The current incremental structure and the existing value of the increments were to be maintained
and the relativities between the pay points were not to be disturbed.
The increase was effectively 14%.
The Minister administering the State Service Act 2000 has taken steps to appeal the decision in the
Supreme Court of Tasmania.
Matter T14223 of 2014 - Tasmanian Trades and Labor Council -Tasmanian
Minimum Wage
As required, pursuant to Section 47AB of the Industrial Relations Act 1984, the Full Bench hearing this
matter determined that the Minimum Wage for Tasmania was to be $622.20 per week, effective
from 1 August 2013. Work related allowances in public sector awards were increased by 2.6%.
Awards containing a supported wage clause were varied to reflect the new supported wage of
$78.00 per week. The Commission has aligned the Tasmanian Minimum Wage with that determined
by the Fair Work Commission [and its predecessor] for the past three years. In light of the consent
of the parties the Full Bench considered that it was consistent with the public interest to continue
that alignment.
Matter T14056 of 2013 - Minister administering the State Service Act 2000 and
Health Services Union of Australia, Tasmania No. 1 Branch
This was an appeal by the Minister administering the State Service Act against a decision of Deputy
President Wells (T13954) issued on 11 April 2013.
The matter before the Deputy President was an application pursuant to s29(1) of the Act by the
Health Services Union of Tasmania, Tasmania No I Branch (HSUA) arising out of the translation
review process for an employee as contained in Appendix 1 of the Health and Human Services
(Tasmanian State Service) Award.
Department of Justice Annual Report 2013 -14
33
Following an internal review process whereby the role was classified at Band 5 of the General Stream
the applicant referred the matter to the Commission seeking to have the role classified at Band 6.
The Deputy President made a finding in favour of the applicant and ordered that the employee be
translated to Band 6 of the award.
The Minister administering the State Service Act 2000 appealed the Deputy President’s decision.
On 27 May 2013 the Full Bench suspended the order pursuant to s71(4A) of the Act and issued
directions for the hearing of the appeal. The decision foreshadowed that, in the event that the
Deputy President’s decision is confirmed, interest will be payable.
In a decision dated 13 August 2013 the appeal was dismissed and the substance of the Deputy
President’s decision was confirmed.
Importantly the decision dealt with the issue of the primacy of the Statement of Duties and the
duties undertaken, and found that the Deputy President’s observation as to the primacy of the award
over the Statement of Duties was the legally correct position. The Full Bench found that the Deputy
President correctly distinguished the high performing employee, who for reasons of their own, act
outside the requirements of the role when the requirements of a role are not appropriately reflected
in a Statement of Duties. The decision also added clarity to the concept of ‘best fit’ in terms of
translation reviews.
The Full Bench decided that the appropriate rate of interest to apply to the monies owed to the
employee from the date of the order was the amount calculated by reference to the Practice Note
of the Federal Court of Australia CM16, effectively a rate 4% above the cash rates set by the Reserve
Bank of Australia for the periods 1 January to 30 June and 1 July to 31 December in any year. This is
consistent with the rate adopted by the Tasmanian Supreme court for pre-judgment matters.
Service Delivery
At the instigation of the President there is an increased emphasis on the efficiency of service delivery
provided by the Commission.
As mentioned in last year’s report the Commission has been trialling a revised set of performance
indicators which in the Commission’s view better measure the efficiency and effectiveness of the
Commission.
An unavoidable delay in filling one of two administrative positions has delayed a formal rollout.
Supreme Court Review
(Gibson v Full Bench of Tasmanian Industrial Commission)
The history of this matter is that on 29 April 2009 the applicant, Mr Gibson, applied to the President
of the Commission pursuant to s29(1) of the Industrial Relations Act 1984 for a hearing before a
Commissioner in respect of an industrial dispute [Matter T13435 of 2009].
The applicant disputed his translation to Band 6 in accordance with a review process that is provided
for in the new Tasmanian State Service Award.
A hearing was conducted by Deputy President Shelley and on 19 January 2010 she issued a decision
ordering that the applicant's position be classified at Band 7 of the new award.
Department of Justice Annual Report 2013 -14
34
The Minister administering the State Service Act 2000 appealed to the Full Bench of the Commission
relying on 15 grounds of appeal.
After hearing the appeal, the Full Bench decided on 22 November 2010, by majority, to uphold the
appeal and revoke the decision of Shelley DP.
The Full Bench found four of the grounds of appeal unsuccessful, and the other eleven successful.
The applicant applied to the Supreme Court of Tasmania seeking to have the decision of the Full
Bench quashed contending that the Full Bench erred in allowing each of the eleven successful
grounds of appeal.
The application was heard by Blow CJ on 2 May 2013 and in his Reasons for Judgement, delivered on
2 October 2013, he dismissed the application finding that none of the asserted errors of the majority
of the Full Bench, if made, would warrant the quashing of the Full Bench decision.
A Full Bench was reconstituted to deal with the subject matter of the original application in Matter
T13435 of 2009 as the decision was revoked by the Full Bench without the merits of the matter
having been determined.
No further appeal hearing was conducted and the merits of the matter were determined on the
submissions and evidence available from the first instance hearing on 28, 29 September and 1
October 2009.
On 23 May 2014 the Full Bench issued a decision ordering that the applicant's position be classified at
Band 7 of the new award.
Heads of Tribunal Meetings
During the year the President of the Fair Work Commission, the Honourable Justice Ross AO,
convened meetings of the Heads of State and Federal industrial tribunals for the purpose of
furthering cooperation between the various tribunals and exchanging information of mutual interest.
The Commission hosted the 28 March 2014 meeting in Hobart.
Stakeholder Forums
In the last year’s annual report I reported that, on 20 December 2012, the President held a forum for
stakeholders to consult fully with them about amendments made to the State Service Act 2000 and to
discuss and develop a procedural framework to assist with implementation of those amendments.
This was the first stakeholder forum that the Commission had convened since 6 April 2000 and from
the Commission’s point of view the forum was very successful in achieving its aims and the feedback
received from participants was also positive.
Whilst the President did not find it necessary to call a stakeholder forum in the period under review
it is intended that forums will, over time, become regular practice and form part of a wider
consultation and reporting process by the Commission wherever appropriate.
Governing Legislation
Legislative Change
No amendments were made to the Industrial Relations Act 1984 or the Industrial Relations Regulations
2005 in the period under review.
Department of Justice Annual Report 2013 -14
35
Public Sector Awards
During the reporting period no new public sector awards were made or rescinded by the
Commission. There were 45 award variations made.
Performance Information
Table 4.7: Statistical overview of applications lodged under the Industrial Relations Act 1984
2009-10
2010-11
1
16
0
4
2
0
22
0
17
0
4
0
0
21
0
18
1
0
0
0
18
0
40
0
1
0
0
41
0
22
0
1
0
1
24
24
0
122
1
5
0
0
0
0
0
0
0
0
0
152
11
0
46
0
9
0
0
0
0
0
1
0
1
0
67
12
27
27
0
9
3
1
1
1
0
0
0
0
0
81
3
13
45
0
14
2
0
0
0
0
0
0
1
0
78
6
1
46
0
7
2
0
0
0
0
0
1
0
1
64
Registered Agreements (s55)
Approved
Varied
Retirements
Concurring
Total
12
5
15
0
32
8
5
1
0
14
5
1
14
0
20
11
2
16
0
29
21
3
22
0
46
Enterprise Agreements (s61)
Approved
Total
11
11
0
0
1
1
0
0
0
0
8
2
4
3
5
3
3
6
5
2
Awards
New awards
Award variations (s23)
Award variations (s65A)
Rescissions
Interpretations (s43)
Interest
Total
Disputes (s29)
Termination of employment
Mode, Terms and Conditions
Breach of award or agreement
Severance pay
Long service leave
Bans and Limitations
CD 6 Investigation
Contract Reversion
Standing Down
Freedom of Association
Suspension from duty
Grievance Procedure of Consent Order
Failure to bargain
Date of Implementation of Agreement
Total
Full Bench Proceedings
Appeals (s70)
Award Variations
Department of Justice Annual Report 2013 -14
2011-12
2012-13
2013-14
36
2009-10
2010-11
0
0
1
0
11
4
0
0
0
9
0
0
0
0
8
1
0
0
0
10
0
1
0
0
8
Award Rescissions
Appeals (s14)
Transfer of Business
Approval of Agreement (s55)
Total
2011-12
2012-13
2013-14
Long Service Leave Disputes
Long Service Leave Act 1976
Long Service Leave (State Employees) Act
1994
Total
3
0
1
0
0
0
6
0
6
0
3
1
0
6
6
Miscellaneous
Private Arbitration
Records of Employment (s75(7A))
Infirm Person for Authority (s79)
Total
0
0
0
0
1
0
0
1
0
0
0
0
1
0
0
1
0
0
0
0
Grand Total
231
113
128
165
148
Table 4.8: Statistical overview of applications lodged under the Tasmanian State Service
Act 2000*
2009-10
N/A
2010-11
N/A
0
0
0
0
0
0
0
0
Applications for Review
Review Selections
Review Other
Review Translation
Total
2011-12
N/A
0
0
0
0
2012-13
12
40
7
59
2013-14
20
48
0
68
* This role formally transferred to the Commission from 4 February 2013 and had applied by delegation since October
2012.
Table 4.9: Performance Information
Unit of
Measure
2009-10
Actual
2010-11
Actual
2011-12
Actual
2012-13
Actual
2013-14
Actual
Clearance Rate1
%
109
75
89
110
85
Proportion of matters finalised
within three months
%
70
54
49
60
65
Performance Measure
Note: 1. The Clearance Rate is the number of applications finalised during a reporting period expressed as a percentage of
those lodged during the same period.
Performance Information Comments
The clearance rate is a measure of the efficiency of the Commission. A figure of 100 per cent
indicates the Commission is keeping up with its work load, a figure of less than 100 per cent indicates
that the Commission is falling behind.
Department of Justice Annual Report 2013 -14
37
During the year, the Commission received 28 applications relating to award translation classification
reviews in respect of nursing positions. These were lodged with the Commission to meet time limits
imposed by the nurse’s industrial agreement but were not listed for hearing at the request of the
parties, pending the outcome of an appeal hearing and/or conciliation.
There is no backlog of work. The clearance rate for applications effectively stands at 100% when
account is taken of applications not dealt with above or adjourned sine die at the request of the
parties.
The proportion of matters finalised within three months is an indicator of timeliness of resolution of
disputes. Performance against this indicator is a measure of the effectiveness of the Commission's
case management together with the preparation of the parties to the dispute. In the majority of cases
where matters take longer than three months to settle, the delay is at the instigation of the parties.
The overwhelming majority of cases have been taken as far as the Commission can take them at this
point.
Further information is available on the Tasmanian Industrial Commission's website.
Department of Justice Annual Report 2013 -14
38
Workers Rehabilitation and Compensation Tribunal
The Workers Rehabilitation and Compensation Tribunal is established under the Workers
Rehabilitation and Compensation Act 1988.
The Tribunal’s primary responsibility is to determine all disputes relating to workers compensation in
Tasmania.
The Tribunal is constituted by the Chief Commissioner, sitting with a Commissioner or a Part-Time
Commissioner.
Presently the Tribunal has one Commissioner in addition to the Chief
Commissioner.
Both the Chief Commissioner and Commissioner fulfil the requirements of the Act in that they are
legal practitioners of not less than 5 years standing.
The Tribunal as part of its dispute resolution process holds conciliation conferences and hearings
throughout the State in order to resolve disputes by agreement, or arbitration when agreement
cannot be reached between the parties.
The functions of the Tribunal are to:

determine all claims for compensation referred to it under the Act.

determine such other matters as are referred to it under the Act.

exercise the powers conferred and the duties imposed on it in the Act.

hear and determine any appeal referred to it under the Workers (Occupational Diseases) Relief
Fund Act 1954.
The Tribunal prepares a separate Annual Report on its activities, including performance information.
The Report is available on the Workers Compensation Tribunal's website.
The Tribunal also incorporates the Asbestos Compensation Tribunal and the Health Practitioners
Tribunal.
Asbestos Compensation Tribunal
The Asbestos Compensation Tribunal is an independent statutory Tribunal created under the
Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011, with primary responsibility to
determine all disputes relating to referrals made pursuant to that legislation.
The functions of the Tribunal are to:

determine all claims for compensation referred to it under the Act.

determine such other matters as are referred to it under the Act.

exercise the powers conferred and the duties imposed on it in the Act.
The Tribunal prepares a separate Annual Report on its activities, including performance information,
which is available on the Asbestos Compensation Tribunal’s website.
Health Practitioners Tribunal
By the Health Practitioner Regulation National Law (Tasmania) Act 2010, Tasmania became part of a
National scheme providing for the regulation of prescribed health professionals.
Department of Justice Annual Report 2013 -14
39
National Boards are established for those prescribed health professions and in some instances local
committees are established in each State operating under delegated authority from the National
Board. The Boards’ primary role (amongst others) is to:

register suitably qualified and competent persons within that health profession.

decide the requirements of registration.

develop approved standards, codes and guidelines for that health profession.

establish panels to conduct hearings about health, performance and professional standards of
members.

refer matters about health practitioners to a responsible Tribunal (Tasmanian Health
Practitioners Tribunal).
Boards or the delegated local committee may take action in respect of a health professional for any
of the following reasons:

performance management (competence)

health Management (impairment); or

conduct (discipline)
There is also the ability for a health professional affected by a decision of a Board (in respect of his or
her registration or a decision by a Board to take health, conduct or performance action against a
health professional) to appeal to the Health Practitioners Tribunal.
The Tribunal prepares a separate Annual Report on its activities, including performance information.
Department of Justice Annual Report 2013 -14
40
Resource Management and Planning Appeal Tribunal
The Resource Management and Planning Appeal Tribunal (RMPAT) is an independent statutory body
established by the Resource Management and Planning Appeal Tribunal Act 1993.
The objectives of the RMPAT are to:

promote the sustainable development of natural and physical resources and the maintenance
of ecological processes and genetic diversity;

provide for the fair, orderly and sustainable use and development of air, land and water;

encourage public involvement in resource management and planning;

facilitate economic development in accordance with these objectives; and

promote the sharing of responsibility for resource management and planning between the
different spheres of Government, the community and industry in Tasmania.
The Tribunal is also responsible for the Forest Practices Tribunal and the Building Appeal Tribunal.
More detailed information on the RMPAT’s activities is available in its Annual Report.
Department of Justice Annual Report 2013 -14
41
Law Library Services
Law Library Services supports the Tasmanian justice system by providing essential legal information
which underpins the practice of in a partnership between the Department of Justice and the Law
Society of Tasmania.
Law Library Services provides information services to government and private legal practitioners
through the Integrated Law Library Service (ILLS). The ILLS consists of 3 collections, in Hobart,
Launceston, and Burnie, which are open to all practitioner groups, as well as a closed working
collection for Crown Law, which is separately funded. The ILLS also produces a website which
collates and promotes access to a detailed listing of Tasmanian legal resources available online.
The ILLS is managed on a day to day basis through the Department of Justice. A Library Management
Committee which consists of representatives of each of the partners determines issues relating to
the development, policies, and budget of the ILLS.
The most significant ILLS service is the state-wide reference desk at the main library, the Andrew
Inglis Clark Law Library in Hobart, which responds to more than 4,500 requests for information each
year. In 2013-2014, the reference desk maintained its service standard of 95% of requests answered
by close of business on the day they are received.
Members of the public, including those representing themselves in court, are also able to access the
ILLS libraries. Over the last 2 financial years the number of members of the public using the main
library collection increased by 20%.
Throughout this year, the ILLS aimed to enhance access to the library resources. The Library
Management Committee approved a proposal to acquire a new library management system which
would improve the ability of clients to use and interact with the ILLS library catalogues; and the
Committee successfully applied for a grant from the Solicitor’s Guarantee Fund to fund the project.
Library staff completed standardisation of the catalogue data from the four collections to minimise
problems in migrating to the new system. Specifications for the new system are currently being
developed.
Department of Justice Annual Report 2013 -14
42
5. Output Group 2 – Legal Services
Crown Law
Solicitor-General
The Solicitor-General is an independent statutory officer who is responsible for the provision of legal
advice to Ministers, departments and other government instrumentalities, and undertaking
constitutional litigation on behalf of the Crown.
The Solicitor-General reports annually to Parliament on the exercise of his functions.
Further information is available on the Solicitor-General's website.
Director of Public Prosecutions
The Office of the Director of Public Prosecutions is responsible for the conduct of all criminal
prosecutions on indictment in the Supreme Court of Tasmania. The Office also undertakes the
prosecution of some regulatory offences and conducts appeals from the Magistrates Court to the
Supreme Court on behalf of the State.
The Office of the Director of Public Prosecutions also conducts all civil litigation on behalf of the
State and its agencies including representing agencies at Court, Tribunal and Board hearings. This
litigation involves not only personal injuries and workers compensation claims against the State, but
also claims involving compensation for compulsory acquisitions, common law damages and
contractual disputes. In addition, the Office conducts all child protection legal matters on behalf of
the Secretary of the Department of Health and Human Services.
The Director of Public Prosecutions reports annually to Parliament on the exercise of his functions
and is funded through a direct appropriation.
Further information is available on the Director of Public Prosecutions website.
Crown Solicitor
The Office of the Crown Solicitor provides commercial law and conveyancing services to the
Government including property acquisition and disposal, preparation of security documentation on
behalf of the State and preparation of commercial agreements including major infrastructure project
documentation, tenders, consultancies, grants, leases and other government contracts.
Achievements
The Office of the Crown Solicitor experienced a 16.4% increase in its workload in 2013-2014. This
was on the back of a 53.3% increase in the previous financial year. This increase in workload has
been occasioned by two factors. The first is the change to the Crown Law funding model from 1 July
2012 which saw the Office no longer charge government agencies fees for its services. The other is
the high levels of client satisfaction enjoyed by the Office.
The demise of the fee for service regime has been welcomed by client agencies and has resulted in
government being able to manage legal risk in a much more proactive and comprehensive manner.
The Office is engaged far more often by agencies and is also engaged far earlier in transactions. This
provides the Office with opportunities to guide and advise clients on the best legal mechanisms for
the completion of their transactions.
Department of Justice Annual Report 2013 -14
43
The Office conducted a client satisfaction survey in March 2014 and the results pointed to very high
levels of client satisfaction with the content, timeliness and utility of the advice provided by the
Office.
The Office is working on the production of a set of legal precedent documents for use within client
agencies. These documents will provide agencies with framework documents such as requests for
tender or quotation, grant deeds, and security documents, together with comprehensive notes on
how to complete them. The intention is that the completed drafts will be reviewed by Crown Law
before being presented to the relevant delegate for execution. For low value, low risk transactions
there will no need for review by the Office prior to execution. This will ensure that the Office’s
effort is directed to matters where there is a greater need for legal risk management.
The Office, as part of Crown Law, let a tender in June 2014 for the development of a new practice
management system. The new system is due to be implemented in late 2015 and will replace the
existing practice management system that has been in use for the past 17 years.
Issues
The present practice management system does not provide adequate document management
facilities, nor does it integrate with the standard information technology software used in the
Department. It has prevented the Office from moving from the now unsupported Microsoft XP
platform to newer supported platforms. This creates significant compatibility issues when the Office
is working jointly with client agencies on developing legal documents. It also exposes the Office to
significant risks.
The Office is facing a very substantial increase in workload. The introduction of the precedent
documents will ensure that only matters warranting attention by the Office are referred to it. The
new practice management system will streamline operations and ensure that information is more
readily available to staff within the Office. It will also enhance the Office’s ability to work
collaboratively with its clients.
Performance Indicators
Under the funding model that applied in 2010-11 demand for the services of the Office of the Crown
Solicitor was dictated by levels of government activity and the availability of government funds with
which to purchase legal services. Both of these factors were beyond the capacity of the Offices to
regulate. These factors have led to significant fluctuations in utilisation rates over time.
Table 5.1: Chargeable Time
Crown Solicitor’s Office
Target
2009-10
2010-11
2011-12
2012-13
2013-14
60%
65 %
58%
61%
68%
70%
Target
2009-10
2010-11
2011-12
2012-13
2013-14
1200
1199
1289
1032
1583
1843
Table 5.2: New Matters Opened
New Matters
For further information visit the Crown Law website.
Department of Justice Annual Report 2013 -14
44
Strategic Legislation and Policy
The Office of Strategic Legislation and Policy (the Office) is responsible for developing and updating
legislation for the Attorney-General, and Ministers with responsibility for laws administered by the
Department of Justice, and for providing strategic policy advice on issues of law reform.
The Office assists the Attorney in discharging his or her Parliamentary, Ministerial and constitutional
duties. The Office also supports the Attorney in relation to Commonwealth and State meetings such
as the Law, Crime and Community Safety Council and cooperative legislative schemes such as the
Legislative and Governance Forum on Corporations and Classification Laws.
Report on Major Issues for 2013-14
The Office continued to support the Attorney-General over the year including participation in one
Standing Council for Law and Justice meeting (October 2013). The Office also participated in various
working groups including developing legislative responses to issues at a national level, in particular
through the National Justice CEOs Group and the Law, Crime and Community Safety Council.
The Office also supported the Minister for Corrections and participated in the Corrective Services
Administrators’ Council Legislation Projects Advisory Working Group.
Bills Introduced 2013-14
The following Bills were developed through the Office and introduced into, or passed by, Parliament
during the 2013-14 reporting year:

Civil Liability Amendment Bill 2013

Commissions of Inquiry Amendment Bill 2013

Criminal Code Amendment (Firearms) Bill 2013

Criminal Code Amendment (Dangerous Dogs) Bill 2013

Director of Public Prosecutions Amendment Bill 2013

Evidence (Children and Special Witness) Amendment Bill 2013

Guardianship and Administration Bill 2013

Guardianship and Administration Amendment Bill 2013

Legal Profession Amendment Bill 2013

Powers of Attorney Amendment Bill 2013

Registration to Work with Vulnerable People Bill 2013
Five other Bills were introduced into the House of Assembly during 2013-14. However, due to the
prorogation of the Legislative Council prior to the March 2013 election, these Bills were not passed.
The affected Bills were:

Criminal Code Amendment (Arson) Bill 2013

Limitation Amendment Bill 2013

Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture)
Bill 2013

Electoral (Prohibition on Corporate Tobacco Donations) Amendment Bill 2013

Electoral Amendment (Electoral Expenditure and Political Donations) Bill 2013
Department of Justice Annual Report 2013 -14
45
In 2014, following the election, a number of Bills were introduced into Parliament in the first half of
the year:

Criminal Code Amendment (Interference with War Memorials) Bill 10 of 2014

Sentencing Amendment (Assaults on Police Officers) Bill 17 of 2014

Workplaces (Protection From Protesters) Bill 2014 15 of 2014
Other Activities
Copyright
The Director of the Office also holds the responsibilities of the Administrator Crown Copyright for
the Tasmanian Government which involves managing the Crown’s rights and legal obligations under
the Copyright Act 1968.
The Office manages the relationship between the Government and the various copyright collection
societies (Copyright Agency Limited, Australian Performing Rights Agency (APRA) and Screenrights)
in relation to the use by Government of copyright material, including printed material, music and
radio and television recordings and the payment of copyright fees in relation to that use.
Discussions continued throughout the year with other jurisdictions in relation to the next Copyright
Agency agreement. The main difficulty is the development of an acceptable means of surveying
government use of copyright as required by section 183A of the Copyright Act 1968. Because of this
difficulty, negotiations between jurisdictions and Copyright Agency are ongoing.
The Office finalised negotiations on behalf of the whole of government with Screenrights for an
agreement in relation to television and radio broadcast copying this year. A new survey to assess the
rate of copying of radio and television programs will be carried out in the near future.
In addition, the Office is involved in matters relating to the copyright the Tasmanian Government
owns in material that has been produced and published by agencies and the uses to which such
material may be put.
Law Crime Community Safety Council (LCCSC)
On 13 December 2013 the Council of Australian Governments (COAG) agreed to streamline its
council system. It replaced 22 councils with eight, one of which is the LCCSC. The LCCSC
effectively replaces the Standing Council of Law and Justice and the Standing Council on Policy and
Emergency Management.
The Council will assist COAG by developing a national Trans-Tasman focus on fighting crime and
promote best practice in law, criminal justice and community safety, including in policy, operations
and service provision.
The LCCSC’s work will cover the following broad themes:

law enforcement and crime reduction;

law reform; and

emergency management.
The LCCSC’s priority issues include:
1. a national and Trans-Tasman approach to serious and organised crime, including gangs,
firearms and cross-border issues.
Department of Justice Annual Report 2013 -14
46
2. co-ordination of community crime prevention.
3. ensure indigenous communities are made safer.
4. new ways to ensure cyber safety, especially for children,
5. best practice approaches to regulating working with children.
6. building the resilience of Australian and New Zealand communities to deal with disasters.
7. ensure Australian laws and related processes are modern, just, appropriate for their purpose,
and efficient.
8. simplify individual, community organisation and business engagement with the law and justice
system, including by reducing regulation.
The Director and other staff within the Office are involved in a variety of national legislation and
policy projects. Many of these could result in legislative proposals for Tasmania when they have
been completed and have been endorsed through the Standing Council or, in some cases, through
COAG.
National Domestic Violence Order Scheme (NDVOS)
Tasmania is the lead jurisdiction on a national project to provide increased protection for protected
individuals across jurisdictional borders by removing the need for individuals to register their
Domestic Violence Order (DVO) and provide for automatic recognition and enforcement of DVOs
across borders. National Justice CEO representatives have agreed to progress a NDVOS
underpinned by model legislation. A Working Group of Commonwealth, State and Territory
representatives has been established to progress policy and legislative issues. In early 2014,
CrimTrac resolved in principle to support a feasibility and costing analysis of a technical solution for a
NDVOS subject to the resolution of legislative and policy issues.
Royal Commission into Institutional Responses to Child Sexual Abuse
A six-member Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse
was established on 11 January 2013. Tasmania has established a concurrent Commission of Inquiry
under the Commissions of Inquiry Act 1995 appointing the same Commissioners and having
complementary terms of reference and coercive powers, to ensure the Commissioners have full
powers to inquire into relevant matters in Tasmania.
The Office is managing an Inter-departmental Committee established to coordinate and facilitate a
whole of government response to the Royal Commission.
For further information visit the Strategic Legislation and Policy website.
Department of Justice Annual Report 2013 -14
47
6. Output Group 3 - Corrections, Enforcement and
Consumer Protection
Corrective Services
The objective of Corrective Services is to enable people who are found guilty of offences to achieve
socially responsible behaviour within the family and the community. The Tasmania Prison Service and
Community Corrections provide the services to achieve this objective.
Corrective Services also provides secretariat support to the Parole Board, which is an independent
body that prepares a separate annual report. For further information visit the Parole Board’s website.
Tasmania Prison Service
The mission of the Tasmania Prison Service (TPS) is to contribute to a safer Tasmania by ensuring
the safe, secure containment of prisoners and providing them with opportunities for rehabilitation,
personal development and community engagement.
Prison services are provided through facilities located at Risdon Vale, Hobart and Launceston. These
facilities provide care and custody, at various levels of security, for prisoners and people on remand
(detainees). The reception prisons in Hobart and Launceston also hold arrested people in police
custody.
The TPS provides secure transport between prisons and some courts.
Change Program
Our focus this year has been on establishing the foundations for an efficient and sustainable prison
service, engaging our staff and improving the effectiveness of our processes.
While the most obvious change has been perhaps the construction of the new facilities described on
the following pages, considerable work has been done to identify and implement interventions that
address the drivers of crime, including literacy and numeracy skill development, education, vocational
training, treatment of addictions (specifically drugs and alcohol) and anger management. We continue
to progress initiatives designed to assist prisoners acknowledge the damage caused by their actions,
control their offending behaviour and prepare them for release into the community.
In 2011, recommendations from a number of key reports and investigations, including the Risdon
Prison Complex Inquiry 2011 (the Palmer Report), were prioritised and a detailed Delivery Plan was
developed. Almost all of the Delivery Plan action items are now complete with only 5% still
outstanding; the majority of these are long-term goals and, in some cases, require future investment.
There are however some very clear signs the Change Program is having an effect. The following are
some our achievements for this year:

reduced assault rates and reduced workers compensation claim numbers

reduced overtime spending

reduced lockdowns for prisoners

no industrial action in recent times and increased cooperation between staff and
management

increased community service by prisoners
Department of Justice Annual Report 2013 -14
48
Organisational Development
Organisational Re-structure
We reviewed our organisational structure to improve accountability and line reporting, and made
each function responsible for the delivery of targets and expenditure. We created two new positions
that we expect will be key to our future success; the Head of Human Resources and Head of Work
Health and Safety. Both positions are based on the Risdon Vale site.
We have moved the correctional facilities into two functions. Function 1 is headed by the Chief
Superintendent and includes the Risdon Prison Complex, Drug Strategy Unit and Tactical Response
Group. Function 2 is led by the Assistant Director of Prisons and consists of the Directorate Security
Unit, Intelligence Unit, Hobart and Launceston Reception Prisons, Mary Hutchinson Women’s Prison
and Ron Barwick Minimum Security Prison (incorporating the O’Hara Independent Living Units).
Within these broader teams, we have created specialist units and positions to deliver policy,
programs and services to tackle the drivers of crime, in particular the Intelligence Unit, Drug Strategy
Group and a dedicated Hearings Officer for prisoner disciplinary matters. We have also been
working to put right the formula for resourcing shift-work and moving us through the change
process.
Correctional Officers Agreement 2013
In December 2013, the Department, staff and unions completed negotiation of a new Correctional
Officers Agreement. The Agreement includes a new rank structure which has now been
implemented to the benefit of staff and the TPS. The three year agreement has an expiry date of 30
June 2016 and some of the key features include:

a new classification structure and progression arrangement.

a structure that provide for several promotion points within the structure. In order for
Correctional Officers to proceed further within the structure there are clearly defined
essential criteria that must be met.

a structure that has a clear focus on professional development, learning and training in order
to progress through the career structure.
Recruitment
We aim to be an employer of choice by improving our workforce planning and forecasting models to
better inform our longer-term recruitment strategies. Improving our recruitment processes and
teaching support has also been a priority and we have provided each correctional officer recruit with
fitness testing as a basis for their ongoing health and wellbeing. This year 16 correctional officer
recruits were appointed and started on the roster in March 2014.
Performance Management
In January 2014, we finalised our new Performance Management Policy and Framework and
supporting Core Performance Framework. Frameworks for Change, a Tasmanian-based leadership
development company, delivered training to all managers and supervisors throughout February and
March, and provided coaching during the development of the first round of Performance and
Development Plans. By the end of 2013-14, 78% of our staff had a Performance and Development
Plan in place.
The performance management process is designed to encourage discussion about individual
performance and training and professional development needs. The focus for the Performance and
Absence Management team in the coming 12 months will be on workforce planning and supporting
managers and staff with the performance management processes.
Department of Justice Annual Report 2013 -14
49
Training and Staff Development
We want to be a service that is committed to excellence and as a consequence we engaged
Government Skills Australia to undertake a training needs analysis of our uniformed workforce. We
continue to work closely with TasTAFE to deliver relevant qualifications to our staff in an effort to
increase our knowledge and skill base, and further enhance the professionalism of our organisation.
We made improvements to our correctional officer recruitment and induction processes and
increased our complement of accredited staff trainers to 12. We have also been systematically
upgrading our technology to provide a contemporary training environment for staff.
The introduction of e-learning this year has vastly increased our capacity to deliver training to all staff
and Safety and Security Inductions to external service providers. Training packages continue to be
loaded on to our e-learning platform for staff to access. Mandatory training packages are being rolled
out as they become available with a range of non-mandatory training and soft skills packages also
offered.
Staff Recognition and Award Strategy
Our staff work in a dynamic and challenging environment,
and make an important contribution to the criminal justice
system and the safety of the Tasmanian community. Our
new Staff Recognition and Award Strategy aims to
recognise commitment and excellence, addressing
performance, achievement and diligent long service across
all areas of the TPS. The strategy also provides guidance on
how these achievements should be recognised.
This year 25 National Medals and 12 Clasps to the National
Medal were awarded by the Governor-General to members of the TPS in recognition of their long
and diligent service. The National Medal is awarded for 15 years of service and Clasps are available
for each additional ten years of service. Some staff have already been presented with their medals
and clasps, while others will be recognised at a ceremony later this year.
Work Health and Safety
Our new Head of Work Health and Safety commenced in June 2014 and is working closely with the
Department of Justice’s Work Health and Safety Officer to ensure we meet our obligations under
the Work Health and Safety Act 2012 and associated legislation.
Key Performance Indicators have been developed around our newly established hazard identification
program, incident investigation process and injury prevention strategies. We have also reinvigorated
our approach to returning injured employees to work as a means of increasing support to employees
and addressing the impact of the workers rehabilitation and compensation absences. This year we
have managed and reduced a number of the legacy cases from the 2010-11 period and have returned
our claims status to pre-2009 figures.
Department of Justice Annual Report 2013 -14
50
Infrastructure
Prison Infrastructure Redevelopment Project – Stage D1
$20.17 million has been allocated for the implementation of Stage D1 of the Prison Infrastructure
Redevelopment Project (PIRP). The early works package is now complete and construction of the
main body of works is now well underway. The early works package includes a secondary sallyport,
access roads and fencing, and the expansion of exercise yards in the Derwent, Mersey and Huon
Units.
The main body of works includes a new Trade Training Centre, modifications to the existing
Education Building in Medium Security, a new Activities and Education Centre in Maximum Security,
a 10-bed prisoner accommodation unit, expansion of the main control room, a new Emergency
Control Centre and improved facilities for the Tactical Response Group. Risdon Prison Complex
will be a vastly improved environment for both staff and prisoners when these works are complete.
Safety and Security Upgrade – Launceston Reception Prison
Treasury allocated $1 million to address issues at the Launceston Reception Prison which include
immediate risks to prisoner safety as well as potential security issues. These works will be completed
in the second half of the 2014 calendar year.
Medium Security Ceilings Project
prison.
The Tasmanian State Government committed
$500,000 in the 2013-14 financial year to fortify the
ceilings of the seven top floor medium security units
in the Risdon Prison Complex to minimise the risk of
further damage and prevent prisoners being able to
access the roof space. The works commenced in
March 2014 and are scheduled for completion by
January 2015. Only one unit has been closed at a time
to minimise the impact on the operation of the
New Technology
Security Management System
During the design stages of the PIRP D1 project, the Security Management System at Risdon Prison
Complex was identified as nearing the end of its useful life and requiring major upgrade. The upgrade
to the Security Management System has commenced and is expected to be completed towards the
end of the 2014. This is being managed as part of the over-arching PIRP Stage D1 Project.
Central Rostering System
Development of a new electronic rostering system, TimeFiler, is almost complete and we expect the
new system to be operational in the latter part of 2014. This new system will assist in setting up
roster rules that will make roster management simpler and ensure compliance with the overtime
policy to regulate the allocation of overtime.
Correctional Services
Following on from the restructure of custodial, security and intelligence functions in the previous
reporting period, Functions 1 and 2 have continued to progressively enhance the manner in which
they undertake their daily business.
Department of Justice Annual Report 2013 -14
51
Each of the functional teams has become its own self-managed entity,
responsible for the staffing of each prison and the day to day
management and supervision of prisoners contained within each
facility. Some services such as education and developmental programs,
industries, therapeutic care, classification, external escorts, secure
transportation and specialist security and intelligence functions continue
to be delivered and managed through a central co-ordinated structure,
supporting each Function as required.
As each of the new infrastructure improvements have been completed
and commissioned within the Risdon Prison Complex (RPC), staff and
prisoners have been able to make use of the improved amenities and services that these projects
offer. Towards the end of this reporting period, prisoners within RPC have once again been able to
gain access to the central oval. There is also a high degree of anticipation amongst staff and prisoners
for the expected completion of the new Trade Training Centre, Gymnasium and Activities Centre.
These facilities will greatly improve workforce skill development and provide much needed
programmatic opportunities for prisoners, leading to improved employment prospects for prisoners
upon their release.
The implementation of the Transitional Operating Model for the Tamar, Franklin and Huon Units has
worked well, primarily due to a greater focus on violence reduction techniques and the application of
a tailored and multi-disciplinary “one-on-one” case management approach for prisoners temporarily
accommodated within this unit cluster.
In the latter half of this reporting period, some limited capacity for maximum rated prisoners to
participate in meaningful employment within the RPC laundry area commenced. We expect a
greater percentage of maximum rated prisoners will take up this industry work in 2014-15 and we
hope to introduce a Certificate One in Laundry Operations for these prisoners.
Female prisoners from the Mary Hutchinson Women’s Prison actively participated in the “Hand
Made with Pride” program, which focussed on activities that give back to the broader Tasmanian
community. A large quantity of specialist bedding products for newborn infants was hand sewn and
subsequently donated to the Neonatal Wards at the Hobart and Launceston Hospitals, the Cancer
Council of Tasmania and Uniting Care - Southern Region.
The Christian Family Centre has continued to make a
positive difference to the lives of prisoners and their
families. Not only have minimum rated prisoners from the
Ron Barwick Minimum Security Prison (RBMSP) and the
O’Hara Independent Living Units participated in the
remote Skype visits program, but this technology has also
been used to facilitate the presence of some maximum
rated prisoners at funerals and other significant family
events.
Significant work and reparation was also provided by Ron Barwick Minimum Security Prison
prisoners to the people of Molesworth, Dunalley and the broader Tasman Peninsula through the
provision of the Bushfire Community Fencing Program. Ending in May 2014, after 12 months of
operation, a total of thirty four prisoners supported by eleven staff worked 5452 hours in all
weathers and erected over 150 kilometres of new fencing in support of Tasmanian farming families
whose properties were devastated by the January 2013 Bushfires.
The Directorate Security and Intelligence Units, in conjunction with prison staff, continued to
provide valuable services to the TPS and while exact details of their contribution cannot be publically
disclosed, the safety and security of all staff and prisoners has been maintained.
Department of Justice Annual Report 2013 -14
52
Prisoner Accommodation
Prisoner association issues continue to be a challenge with greater numbers of prisoners requiring
protection, and the North-South divide of growing concern. Associations are one of the most
difficult aspects of managing a prison service in a small State, where prisoners are more often than
not known to each other and are frequently in conflict due to longstanding grievances, drug and
gambling debts as well as gang affiliations.
The need to separate prisoners who are at risk from other prisoners or are in conflict with each
other impacts accommodation decisions and places stress on certain areas of the prison system.
With the main men’s maximum and medium security prison situated in the south of the State and no
equivalent in the north, these issues are compounded by the limited accommodation options
available. The new 10-bed unit within Risdon Prison Complex is expected to provide some flexibility.
Smoke-free Prison Plan
A number of areas within the TPS are already smoke-free, including a number of accommodation
units that have been declared non-smoking. We are now working toward developing and
implementing a plan for all prison facilities to be smoke-free by February 2015.
The TPS is a member of the Tobacco Control Coalition (TCC) and the TCC is providing full support
to the TPS in moving the smoke-free prison project forward. The Coalition brings stakeholders from
government and non-government sectors together to:

reduce the prevalence of smoking in Tasmania

provide the framework for the coordination, implementation and review of the Tasmanian
Tobacco Action Plan 2011–2015
Transition to PIRP Stage D1
On completion of PIRP Stage D1 the focus for the Service will be the transition from a holding prison
into a fully occupied working prison delivering a range of activities that directly affect the key drivers
of crime and re-offending. There is no doubt the biggest factor in crime is connected to drug and
alcohol issues. The latest Department of Health and Human Services figures indicate 70% of
prisoners state that alcohol was directly related to their offending behaviour. Crimes committed to
purchase drugs or while under the influence of drugs and alcohol make up at least 80% of the
Tasmanian prisoner population.
The challenge for the future will be to increase the focus on the importance of drug and alcohol
treatment within the TPS, and supporting services ready for reintegration back into the community.
To address the drivers of crime, we need to focus our efforts on education, skills training, addiction
treatment, working prisons and reintegration, giving offenders the opportunities to turn their lives
around and stay away from crime.
By using the drivers of crime approach, we feel we can achieve a reduction in recorded crimes.
Sentence Management and Industries
Sentence Management Support and Reintegration
The Sentence Management Support and Reintegration teams have had a busy and productive year.
Preparations are now well underway for the recruitment of additional staff to enable full use of the
new PIRP D1 facilities. Across teams this includes an increased focus on Sport and Recreation, Drug
and Alcohol treatment and short offender treatment programs, as well as increasing the availability of
case coordination for prisoners at high risk and/or with high needs, and expanding the capacity for
reintegration services. This includes the recommencement of case planning for eligible prisoners,
Department of Justice Annual Report 2013 -14
53
that incorporates new elements such as a strengths based case management model that adheres to
best practice and better assists prisoners to meet their needs and achieve goals within a correctional
environment.
A range of reintegration focused programs continue to thrive, including the community garden
projects which are now being expanded into RPC. A number of smaller projects are also being
developed through a range of cooperative partnerships between community agencies, prison and
University of Tasmania Criminology Research Unit. This will allow us to partner, investigate
effectiveness and further develop reintegration strategies within the prison. With the
commencement of the Sustainable Prisons Project we also plan to pilot vermiculture, composting and
recycling schemes to increase the portable skills and abilities of prisoners. Modelled on a similar
program from the US, the Sustainable Prisons Project aims to introduce environmental practices into
the prison system that also enhance prisoners’ rehabilitation and reintegration into the community.
Activities undertaken as part of this project will be subject to approval by the Prisoner Employment
and Activities Board, some are expected to be in partnership with community agencies, universities
or research / interest groups.
Community Engagement
Community awareness and involvement in the corrections
system continues to grow.
The support of the community is crucial to a prisoner’s
successful re-entry into society. A number of new
opportunities for prisoners to make a meaningful
contribution to the community have become available
throughout 2013-14 and we acknowledge the contribution
of our community-based partners and thank them for their ongoing support.
Almost 19,000 leave absences were approved during the year with activities conducted within the
community and also on prison property but outside the secure perimeter of the prison.
Regular security checks were conducted on prisoners on approved leave and we are extremely
pleased with the ongoing high level of compliance with the Section 42 Leave Program.
Prisoner Activities
We are in the process of implementing a new Prisoner Activities Coordination Team which will have
primary responsibility for the scheduling and coordination of all activities across TPS facilities. The
team will be made up of existing staff and functions from the previous Prisoner Education and
Training Unit as well as Correctional Officers and Structured Day staff.
Prison Industries
The Industries team are pushing ahead with a range of initiatives to achieve cost savings and greater
efficiency and look forward to the expansion of the Textiles Industry over the coming year with the
commencement of a new Textiles supervisor. With the purchase of a new laser engraver we are also
looking forward to increasing the production capacity within the woodwork shop. The Industries
group have also been closely working with the TasTAFE transition team to develop additional
training opportunities for prisoners working within industries areas including the delivery of
certificates in bakery and basic laundry operations.
Education - Transition to TasTAFE
The last year has seen many challenges overcome in order to achieve our goal of a complete
transition of foundation learning and Vocational Education and Training (VET) to TasTAFE, planned
Department of Justice Annual Report 2013 -14
54
for 2015. This year saw the loss of flexible learning subjects through the Colleges; this, along with the
commencement of the transition of Prisoner Education to TasTAFE, caused some disruption to the
delivery of prisoner education services in the first half of the year.
The focus remains on improving the learning outcomes for prisoners to improve their employability
through our partnership with TasTAFE and the Department of Education. To this end an exciting
milestone has been reached with the commencement of the first construction course for a small
group of prisoners within the Risdon Prison Complex. The commencement of this course marks the
beginning of new opportunities to provide VET within the maximum and medium complex.
Key Performance Indicators
We are pleased to see the changes implemented over the past three years under the Change
Program starting to take effect. In 2013-14 we achieved significant improvements in safety and
security, with no deaths due to apparent unnatural causes, no escapes and a substantial decrease in
the number and severity of assaults against staff and prisoners.
As expected, the results from the random and targeted urinalysis indicators have highlighted the
need for further work on drug policy and strategies to detect and prevent the introduction of illicit
substances into the prison system. Further work will be undertaken during 2014-15 with the
development of a new drug policy and the introduction of additional services to help prisoners
overcome their addictions.
A summary of our performance against our Key Performance Indicators is provided below.
Table 6.1: TPS Key Performance Indicators
2012-13
2013-14
KPI 1 - Deaths in Custody due to Apparent Unnatural Causes: Target = 0
Deaths due to apparent unnatural causes
0
0
Serious assaults
Assaults
0
9
0
3
Total number of assaults
9
3
Serious assaults
Assaults
6
37
3
24
Total number of assaults
43
27
Escapes from secure custody
Escapes from open custody
1
0
0
0
Total number of escapes
1
0
N/A
95%
KPI 2 – Number of Assaults – Prisoner on Staff: Target = < 8
KPI 3 – Number of Assaults – Prisoner on Prisoner: Target = < 46
KPI 4 – Escape from Custody: Target = < 3
KPI 5 – Delivery Plan Action Items Completed: Target = 95%
Action items completed
Department of Justice Annual Report 2013 -14
55
KPI 6 – Percentage of Random Urinalysis Tests Completed: Target = 100%
Tests completed
N/A
92%
KPI 7 – Percentage of Random Urinalysis Samples testing Positive to Illicit Substances: Target =
<7.5%
Positive random urinalysis samples
N/A
9.9%
KPI 8 – Percentage of Targeted Urinalysis Samples testing Positive to Illicit Substances: Target
= 90%
Positive targeted urinalysis samples
N/A
23%
KPI 9 – Percentage of Tier 1 Health Assessments Completed: Target = 100%
Tier 1 Health Assessments
N/A
100%
KPI 10 – Average Out of Cell Hours per Prisoner per Day: Target = 9 hours
Average out of cell hours
N/A
9
KPI 11 – Percentage of Eligible Prisoners with a Sentence Plan: Target = 60%
Prisoners with a Sentence Plan
N/A
56%
For nationally comparable statistics on Corrective Services refer to the Australian Government Productivity Commission
Report on Government Services which is available from the Productivity Commission’s website. The 2014 Report on
Government Services, reporting on performance for the 2013-14 financial year, is expected to be released in January
2015.
More information on the Tasmania Prison Service is available on the TPS website.
Department of Justice Annual Report 2013 -14
56
Community Corrections
Community Corrections’ mission is: “To work with offenders on community-based orders to reduce
re-offending and contribute to a safer Tasmania.”
Community Corrections’ vision is: “As a progressive organisation that has the trust and confidence
of the public, Community Corrections will help protect Tasmanians by:

ensuring compliance and providing supervision for people on community-based orders;

working with offenders to facilitate change by developing pro-social behaviour; and

working with the community to provide opportunities for reintegration.”
The objective of Community Corrections is to enable people who are found guilty of offences to
achieve socially responsible behaviour within their families and the community, paying particular
attention to the principles of restorative justice.
Community Corrections supervises a range of non-custodial sentencing options including community
service (both ordered by the Courts and as a result of Monetary Penalty Enforcement Services
default), probation, and parole orders, and orders under the Court Mandated Diversion (CMD)
Program for drug offenders. Community Corrections is also responsible for assessing an offender’s
risk of re-offending and preparing pre-parole reports for the Parole Board, as well as pre-sentence
and CMD suitability reports for the Courts. Provision of these services to the Courts and to the
Parole Board is mandated by legislation including the Sentencing Act 1997 and the Corrections Act
1997.
Community Corrections delivers interventions to offenders on community-based orders to address
issues that contribute to their risk of re-offending. This includes the facilitation of one on one and
group programs to suitable offenders to reduce their risk of re-offending. Programs include the
Family Violence Offender Intervention Program (cognitive behavioural program aimed at high risk
family violence offenders); Sober Driver Program (educational and skills based for repeat drink
drivers); and Getting Smart (substance abuse program).
The CMD Program for drug offenders is administered within Community Corrections. CMD is
funded by the Australian Government Illicit Drug Diversion Initiative and commenced in July 2007. It
is an intensive intervention that aims to break the drug-crime cycle. Under CMD, offenders with
long histories of drug abuse, which is clearly linked to their offending behaviour, can be sentenced by
a Magistrate to a Bail Diversion Order or Drug Treatment Order. The program aims to reduce the
risk of re-offending through case management and therapeutic interventions and programs that
primarily address their drug abuse, while maintaining accountability through a system of rewards and
sanctions.
Community Corrections services are delivered across Tasmania, with offices in Hobart, Bridgewater,
Burnie, Devonport and Launceston. Community Corrections also utilises external premises for
outreach service delivery in Rosny Park, Sorell, Rokeby, Swansea, Orford, Triabunna, Queenstown,
Smithton, Huonville, New Norfolk, and Ulverstone.
Safe at Home (SaH), which was launched in 2004, is the Tasmanian Government’s integrated criminal
justice response to family violence. The SaH service response is underpinned by the Family Violence
Act 2004. SaH merged under the umbrella of Community Corrections in 2013 as a consolidation of
divisions. Given the level of interest in SaH from within the State and from other jurisdictions, the
SaH Steering Committee has approved the production of SaH Annual Reports from 2012-13
onwards. The first SaH Annual Report is due to be released in September 2014 and will be available
on the Safe at home website.
Department of Justice Annual Report 2013 -14
57
Report on Major Issues for 2013-14
In 2013-14 the Community Corrections offender population continued to increase. From June 2011
to June 2014 there was a 14% increase in offender numbers (from 1763 to 2012 offenders), and a
23% increase in Community Service Orders (from 986 to 1213 offenders). The number of offenders
subject to Probation Orders has decreased from 1014 offenders in June 2011 to 940 in June 2014.
The drivers behind the increase in offender numbers are complex, but include changes in personnel
at the Magistrates Court, the increased confidence in the services provided by Community
Corrections and the introduction of programs such as the Court Mandated Diversion Program and
the Sober Driver Program, which have been well regarded by Judicial Officers.
Community Corrections received an additional $1.4 million recurrent funding from 2013-14 as a
result of the Revised Estimates Report of 2012-13. This funding has been used to develop a
recruitment and staffing strategy to meet the increased demand for services, it has also allowed for
the continued delivery of programs and other interventions across Tasmania
Community Corrections has recruited a number of permanent positions as a result of the additional
funding including the appointment of

a Community Service Order Coordinator to cover the North and North-West regions of
the State;

an additional Team Leader in the South;

a Probation Officer in the North;

a Probation Officer in the North West;

a Probation Officer within the CSO Unit in the South;

2 Report Writers in the South;

a part-time CSO Support Officer in the South; and

a part-time CSO Support Officer in the North.
In 2013-14 Community Corrections worked achieving towards the goals of the Breaking the Cycle
Strategic Plan, which include to:

enhance monitoring and enforcement of compliance with community-based orders;

expand services to support offender re-integration into the community;

enhance the seamlessness of service provision, including transition from prison to
community-based corrections;

enhance sharing of knowledge and expertise within corrective services and between
corrective services and other agencies;

enhance partnerships with Non-Government Organisations who deliver relevant services to
offenders;

improve communication with the broader community regarding corrective services;

expand community involvement in corrective services, particularly regarding rehabilitation
and reintegration; and

expand the suite of programs offered by Community Corrections.
Department of Justice Annual Report 2013 -14
58
Programs
The Getting SMART Program was introduced into Tasmanian Community Corrections in August
2011. Getting SMART is a substance abuse program that teaches offenders to use Cognitive
Behavioural Therapy (CBT) principles, theory, tools and techniques to abstain from any type of
addictive behaviour (substances and/or activities). This program is available for offenders on all
community-based orders (including Drug Treatment, Probation, Parole and Community Service
Orders). It is specifically designed for offenders who have been assessed as having moderate to high
substance abuse needs. Each Getting SMART program is delivered by trained facilitators over 12,
two-hour sessions. Delivery is flexible, as the sessions can be delivered over one, two or three
sessions weekly. The program can be delivered in either closed or rolling formats. To date there
have been 21 completions state-wide.
The Family Violence Offender Intervention Program (FVOIP) has been managed by Community
Corrections since July 2007. It is a cognitive behavioural program aimed at high risk family violence
offenders. The program assists offenders to reduce their family violence behaviour and attitudes by
changing the way they think, their behaviour and the choices they make. The FVOIP is part of the
Safe at Home initiative, which was announced in the 2004-05 Tasmanian Budget as an integrated,
whole of government response to family violence.
Community Corrections now has the capacity to deliver the program in all three regions and since
January 2012, 73 offenders have successfully completed the program.
In 2013-14 Community Corrections continued to deliver the Sober Driver Program, which has been
well received by the Courts, facilitators and offenders since it was introduced in 2008. The Sober
Driver Program is an educational and skills based program, which targets adult offenders who are
convicted of more than one drink driving offence in a five year period. The Sober Driver Program
was developed by the Department of Corrective Services, NSW, in collaboration with the Motor
Accidents Authority and the Roads and Traffic Authority (now ‘Transport for NSW’). The program
is delivered over nine weeks, with one two-hour session per week, conducted by two trained
programs facilitators, and addresses issues including the consequences of drink driving, effects of
alcohol on driving, managing drinking situations, alternatives to drinking and driving; and relapse
prevention and stress management. A condensed version of the program is also available and has
been delivered to offenders in some regions. In September 2013 a further five Probation Officers
were trained as facilitators.
Since its introduction, 57 Sober Driver Programs have been delivered state-wide with a total of 512
offenders successfully completing the program. The Sober Driver Program has high completion rates,
with a 78% graduation rate in 2013-14.
Two evaluative studies commissioned by Transport for NSW have found that offenders who had
completed the program were over 40% less likely to re-offend in the 2 years following program
completion, than offenders who had received sanctions alone.
The Manager, Offender Programs has taken significant steps to improve the management of sexual
offenders on community based orders across Tasmania. This involves a 5 stage intervention/case
management model and is based upon contemporary empirical research and other systems currently
operational in other states and countries. Existing models have been altered to accommodate the
specific needs of the Tasmanian community and offender population. The intervention and case
management model is in the final stages of completion.
In June 2012 a University of Tasmania School of Psychology Masters student commenced a
preliminary study into the risk management needs of sex offenders in Tasmania. This project
concluded in November 2013, and the Manager, Offender Programs is currently preparing a
summary of the results of this research. The Manager, Offender Programs has continued to facilitate
Department of Justice Annual Report 2013 -14
59
training for Probation Officers working with sex offenders in 2013-14, and staff assess all sex
offenders using a specifically designed risk/needs assessment and adjust monitoring and management
of the offender accordingly. Community Corrections supervises a relatively small number of sexual
offenders subject to probation, parole or community service orders. Due to the small cohort size, it
is important to be able to provide individual interventions, as delivering group programs is not always
practical.
Because a high proportion of sex offenders on community-based orders have been in prison,
Community Corrections adopts a through-care approach when dealing with parolees who have
completed the prison’s program for sex offenders - New Directions. This includes a handover
process which involves prison staff, Probation Officers and the offender’s support and surveillance
group.
Increasing the number and diversity of interventions addressing criminogenic needs delivered by
Community Corrections was identified as a high priority during consultation for the Breaking the
Cycle Strategic Plan.
In 2014-15 Community Corrections anticipates the introduction of new programs and interventions
for offenders on community-based orders, including the continuation of improved interventions for
sexual offenders. This will allow Community Corrections to better target offending behaviour and
provide an opportunity to reduce recidivism.
Enhancing organisational capacity
In 2013 Government Skills Australia was commissioned to undertake a Workforce Audit which
primarily focussed on:

workforce profiling;

attraction, recruitment and retention;

training and development; and

workplace culture.
The final report and recommendations were received in February 2014 and the Strategic Leadership
Team has undertaken an initial review of the outcomes reported, which identified a number of areas
for follow up action in the areas of Recruitment and Workforce Planning.
Further progress has been achieved in relation to the establishment of a Sex Offender Case
Management Framework, with identified Probation Officers attending training sessions in relation to
sex offender case planning and offence mapping. Additional training will be provided for these
Probation Officers in relation to sex offender risk assessments. Subsequent to this, the Strategic
Leadership Team is exploring options for a broader Case Management Framework that can be
adapted for all offence types.
Training for additional Sober Driver Program facilitators (state-wide) is planned for late 2014.
Community Corrections staff across the state have participated in a number of training activities in
2013-14, including:

sex offender case management (45 participants);

Workplace Health and Safety (all staff);

Ethical conduct, workplace behaviour and managing aggressive clients (81 participants);

Prosecuting offenders non-compliance with community based orders (48 participants);
Department of Justice Annual Report 2013 -14
60

Managing clients on the Autism Spectrum (14 participants); and

Family violence (9 participants).
Expand services to support offender reintegration into the community
In 2013-14 Community Corrections continued an ongoing commitment to providing outreach
services to offenders living in regional or more isolated areas. Centralising services to where client
demand is strongest and providing outreach services to lower demand areas best addresses client
need and allows efficient targeting of limited resources.
Probation Officers regularly visit offenders in regional areas such as Sorell, Rokeby, the East Coast,
Rosny Park, Queenstown, Smithton, Huonville, New Norfolk and Ulverstone. In many of these
instances Community Corrections has brokered arrangements with other organisations within the
community to use office accommodation free of charge. These outreach services make it easier for
offenders to report to their Probation Officer, as legally required.
Enhancing stakeholder relationships
Community Corrections continued its program of formalising stakeholder relationships with key
criminal justice partners in 2013-14.
In 2013-14 the Road Safety Advisory Council (RSAC) made $180,000 available to Community
Corrections to address the current backlog of offenders waiting to complete the Sober Driver
Program. The RACT also contributed $5,000 to purchase workbooks for Sober Driver Program
participants. The funding allocated from the Road Safety Levy was used to employ fixed term staff to
facilitate the program across the state. Positions were filled on a fixed-term basis in the North and
North-West and staff worked overtime in the South to increase program delivery. This funding
cleared a backlog of 22 programs across the state and a total of 204 offenders successfully completed
the program. The
The support of RSAC and RACT is greatly appreciated and is indicative of the value and importance
of this program. It is also an example of how the community and Government can work together to
address the serious issue of drink driving.
Expansion of community involvement in the rehabilitation of offenders
The Coordinators of the Community Service Order Schemes have continued to work with a number
of community-based organisations in 2013-14 to diversify the number and range of projects available
for offenders subject to community service. As a result, offenders subject to community service
assisted with a wide range of community events including:

graffiti removal, maintenance of nature reserves and cemetery restoration through
partnerships with Kingborough, Glenorchy, Hobart, Dorset, Circular Head, Launceston,
Devonport and other regional Councils.

placement at various Community and Neighbourhood Houses at West Moonah, Burnie,
Ravenswood, East Devonport and Zeehan. For example, Clarence Plains Youth Centre;
West Moonah Community Garden; Bucaan House Community Garden; Okines Community
House; and Central Coast Community House.

Community Corrections also works with community based stakeholders around the State to
assist offenders discharge their community service hours. For example; Second Bite;
Salvation Army and St Vincent DePaul Stores; City Mission; Greening Australia; Taroona
Environment Network; Mara House; and Riding for the Disabled.

work performed at more than 350 pensioners’ homes for those unable to do tasks such as
gardening themselves, and with no family member available to help.
Department of Justice Annual Report 2013 -14
61
Community Service Order offenders also assist with some annual community events, including the
Taste of the World Festival held in Moonah, Dads Day Out in Glenorchy, Clarence Plains
Community Festival and Burnie and Devonport annual shows.
There has been a continuation of new project sites over the 2013-14 year, including (but not limited
to) multiple St Vincent DePaul sites in the South, Tasman Community Health Centre, Mara House,
Riding for the Disabled, Taroona Environment Network and Greening Australia, Golf Clubs and
Bowls Clubs, King Island Boat Club and King Island Council for the Ageing.
Other Initiatives
Regular meetings with the Magistrates Court have continued to occur in the last financial year,
regarding their feedback on the introduction of the new process for the provision of Pre Sentence
Reports. Magistrates are able to request Screening Assessment Reports (with a same day turn
around), Standard Reports (with a 4 week turn around) and Extended Pre Sentence Reports (within
a 6 week turn around). Previously Pre Sentence Reports were very detailed, and in many cases
provided more information than Magistrates required. In 2014, Screening Assessment Reports were
made available to Judges for offences other than sex offences or family violence offences.
Collaboration with staff around best practice and workload is important to Community Corrections
management. Working groups have been initiated to look at demand for service and how to most
effectively manage offenders on dual orders (i.e. probation and community service orders for
example). The demand working group has developed some valuable ideas with regard to the
appropriate management of the high demand for Community Corrections services. The dual order
working group is in its early stages of development but includes a vertical slice of staff with expertise
in a variety of practices.
Performance Indicators
Community Corrections is responsible for the supervision of offenders subject to a range of
community-based orders including:

Probation Orders

Community Service Orders

Parole Orders

CMD Drug Treatment Orders

CMD Bail Diversion Orders
When considering the tables below, it should be remembered that there is a lag time between the
imposition of an order and its completion. Most orders are not completed in the same year in which
they were imposed.
Cost of community supervision
The cost of community supervision per offender per day is one measure of the efficiency of
Community Corrections. A range of factors, including the intensity of supervision, the mix of
different types of orders and the scale of operations, affect this indicator.
Table 6.2: Recurrent cost of community supervision
2009-10
2010-11
2011-12
2012-13
2013-14
Net operating expenditure per
offender per day (2013-14 $)(1)
$10.87
$10.82
$11.93
$10.73
TBA
Average number of persons per
1,370
1,615
1,836
1,971
2,069
Department of Justice Annual Report 2013 -14
62
day
Source:
Notes:
Department of Justice JOIST database and Financial Management Information System
(1) Data
for previous years have been adjusted by the gross domestic product deflator to allow for inflation.
Probation Orders
Offenders subject to a Probation Order are supervised through case management to reduce their
risk of re-offending.
Table 6.3: Probation Orders
2009-10
2010-11
2011-12
2012-13
2013-14
880
1,005
966
987
994
644
823
948
1,023
978
31
39
39
64
66
Number of Probation Orders
imposed
Number of Probation Orders
completed
Number of Probation Orders
revoked/cancelled
Source: Department of Justice JOIST database
Notes: Probation Orders terminated due to death of the offender, or the transfer of an offender interstate, are not
included in the number of Probation Orders completed.
Completed Probation Orders include those orders that were revoked/cancelled.
For the purposes of this report, offenders sentenced to suspended sentences with a Probation Order component
were counted.
Parole Orders
Parole Orders are made by the Parole Board to enable prisoners to serve a portion of their sentence
of imprisonment under supervision in the community.
The desired outcome of the parole period is to minimise the offender’s risk of re-offending.
Probation Officers case-manage offenders in an attempt to address their risk factors for offending.
Parole supervision is monitored stringently, and breaches of conditions are highly likely to lead to
revocation. When a Parole Order is revoked the inmate is returned to prison to serve the
remainder of their sentence, including the time they had spent in the community (unless the Parole
Board directs otherwise).
Table 6.4: Parole Orders completed
Number of Parole Orders imposed
Number of Parole Orders completed
Number of Parole Orders revoked
2009-10
2010-11
2011-12
2012-13
2013-14
88
105
35
76
84
24
100
80
20
81
97
29
88
71
23
Source: Department of Justice JOIST database
Notes: Parole Orders terminated due to death of the offender, or the transfer of an offender interstate, are not included
in the number of Parole Orders completed.
Completed Parole Orders include those orders that were revoked.
Department of Justice Annual Report 2013 -14
63
Community Service Orders
Community Service Orders are imposed by the Courts and require a specified amount of community
service under the supervision of Community Corrections. Community service may include
performing useful tasks that provide reparation to the community, educational activities, or personal
development to improve social attitudes.
Table 6.5: Community Service Orders completed
Number of community service
orders imposed
Number of community
service orders completed
Number of community service
orders revoked/cancelled
2009-10
2010-11
2011-12
2012-13
2013-14
820
968
1,056
1,058
834
634
662
681
714
905
97
131
96
143
142
Source: Department of Justice JOIST database
Notes: Community Service Orders (CSOs) terminated due to death of the offender, or the transfer of an offender
interstate, are not included in the number of Orders completed.
Completed CSOs include those orders that were revoked / cancelled, as well as those orders that may have been the
subject of court action as a means of ensuring that the hours were completed.
For the purposes of this report, offenders sentenced to suspended sentences with a Community Service Order
component were counted, as were Monetary Penalty Community Service Orders.
The high number of orders revoked or cancelled in 2012-13 and 2013-14 was the result of a concerted effort to resolve
outstanding CSOs.
Due to data processing issues the community service order completion numbers are marginally underinflated in 2012-13.
Community Corrections in Tasmania worked to rectify this issue in 2013-14.
Reports
Community Corrections prepares comprehensive written and, on occasion, verbal reports for the
Courts and the Parole Board to assist them in making decisions about sentencing and releases from
prison.
Table 6.6: Court and Parole Board reports completed
Total reports prepared
Pre-sentence reports
Pre-parole reports
Screening assessments
CSO suitability assessment
2009-10
2010-11
2011-12
2012-13
2013-14
1,622
1,070
122
423
1,859
1,095
126
432
182
1,989
1,157
149
572
111
1,872
1,108
126
478
160*
1,759
1,035
134
393
197
Source: Department of Justice JOIST database.
Notes: Suitability assessments for Monetary Penalty Community Service Orders are included in the count.
*2012-13 CSO suitability assessment figures have been revised since last years’ annual report following a data entry issue.
Screening assessments were introduced into Community Corrections in July 2010.
These report numbers exclude CMD assessment reports, as these numbers are reported in table 6.7 below.
Department of Justice Annual Report 2013 -14
64
Court Mandated Diversion Program
Drug Treatment and Bail Diversion Orders are imposed by the Magistrates Court and are supervised
by Court Diversion Officers. CMD is an intensive intervention that aims to break the drug-crime
cycle for a cohort of high-risk offenders whose risk of re-offending is not addressed by incarceration
alone.
The CMD program was amalgamated with Community Corrections on 1 July 2010, and a number of
changes have been made to the program since made. The number of participants has been capped at
80. As of 30 June 2014, 66 offenders were participating in the CMD Program under a Drug
Treatment Order while another and 13 were undergoing assessment.
Table 6.7: Court Mandated Diversion (CMD) assessment reports completed
Total reports prepared
2010-11
2011-12
2012-13
2013-14
96
93
162
120
Source: Department of Justice JOIST database
Table 6.8: Court Mandated Diversion (CMD) Orders imposed
Number of Drug Treatment Orders imposed
Number of Bail Diversion Orders imposed
2010-11
2011-12
2012-13
2013-14
35
12
53
9
63
7
41
5
Source: Department of Justice JOIST database
Further Information is available on the Community Corrections website.
Department of Justice Annual Report 2013 -14
65
Return to Corrections
One of the primary objectives of Tasmania’s criminal justice system is to reduce the incidence of
repeat offending by offenders. This is tracked using benchmarks from the national data on return-tocorrections rates which is published by the Productivity Commission in the annual Report on
Government Services (RoGS).
Return-to-corrections rates are affected by many factors, including police and court practices as well
as corrective services. To reflect this, the figures are published in the whole-of-Justice section of
ROGS, rather than in the Corrective Services chapter.
The figures measure the proportion of adults returned to corrective services under sentence for a
new offence within two years of being released from prison or completing a community-based order.
The data set does not include:

persons who were originally imprisoned solely for the non-payment of a fine or who
completed one or more community service orders for the non-payment of a fine;

persons whose original sentence was terminated due to their death or transfer to another
jurisdiction;

persons who are required to undertake a community-based order (parole or other)
immediately after their release from a custodial order in respect of the offence/s for which
they were originally imprisoned;

persons who spend a period in prison but not as a sentenced prisoner, e.g. on remand; or

persons who may be currently before the Courts to answer charges for another offence
allegedly committed within two years of their completion of a previous adult correctional
order, but have not been sentenced.
Persons are counted as having ‘returned to corrections’ if:

within two years of release from prison they commence a further period of sentenced
imprisonment or a new probation or community service order;

within two years of completing a probation or community service order they commence a
period of sentenced imprisonment or a new probation or community service order; or

while serving a community service or probation order, they commence a period of
sentenced imprisonment.
The figures from the most recent ROGS are provided below.
Table 6.9: Prisoners released during 2010-11 who returned to corrective services with a
new correctional sanction within two years
Prisoners returning to:
- prison
- corrective services
Tasmania
Australia
39.1%
50.6%
40.3%
46.4%
Source: Report on Government Services 2014
Department of Justice Annual Report 2013 -14
66
Table 6.10 Offenders discharged from community corrections orders during 2010-11
who returned to corrective services with a new correctional sanction within two years
Offenders returning to:
- community corrections
- corrective services
Tasmania
Australia
19.9%
24.8%
14.2%
24.8%
Source: Report on Government Services 2014
Department of Justice Annual Report 2013 -14
67
Monetary Penalties Enforcement Service
Overview
Monetary penalties – or fines – are one of the sentencing options available to the Magistrates and
Supreme Courts and may also be incurred when infringement notices are issued by Government
Agencies and Local Government Councils.
Such penalties are intended to act as a sanction and to deter people from committing an offence or
infringement, thus contributing to the Department of Justice aim of achieving a safe, just and fair
Tasmania.
In order for penalties to be effective, they must be seen as genuine and enforceable. The role of the
Monetary Penalties Enforcement Service (MPES) is to work with people receiving a fine to ensure
that it is paid. This may involve negotiating payment plans to make it easier for people to meet their
obligations.
The flexible set of arrangements that now exist for people to deal with their monetary penalties,
including an increase in the number of payment options available has delivered significant benefits to
the Tasmanian community.
MPES undertakes a number of activities aimed at increasing educational awareness and compliance,
including information sessions and the use of mobile offices in regional areas.
The Director, MPES, has a number of powers defined in the Monetary Penalties Enforcement Act 2005
which allow enforcement sanctions to be applied if payment is not forthcoming.
Activities designed to ensure compliance include specifically targeted enforcement campaigns and
intelligence-base enforcement practices.
MPES has adopted a “person-centric” approach where the individual circumstances of each defaulter
are now considered, resulting in processes being applied to manage clients on an individual basis.
The main measure of effectiveness of the service delivered by MPES is the collection rate on referred
debt. This is defined as the ‘value of fines and infringements collected in a financial year as a
proportion of the value of fines and infringements imposed (referred to MPES for enforcement)’.
The collection rate for the twelve months to 30 June 2014 was 85%. There has been a reduction in
the overall collection rate, mainly due to the referral of two high-value compensation orders and the
transfer of a large number of high-value pecuniary penalty orders, previously managed by Crown
Law.
Specifically-targeted campaigns delivered to support the enforcement process have resulted in an
increase in collection rates and have included the following: Table 6.11: Specifically-Targeted Enforcement Campaigns
Campaign
Example
Specific offences
High volume and value monetary penalties
Defaulted re-payment plans
Road safety
Greater than $5000
Missed payments
Intelligence-based enforcement campaigns undertaken by the MPES in the twelve months to 30 June
2014 have included data-analysis, profiling and targeting techniques to identify emerging trends of
non-compliance and streamline activities.
Department of Justice Annual Report 2013 -14
68
Performance Indicators
The following indicators are reported by MPES to reflect comparable measures of inventory, activity
and performance.
Table 6.12: Fine Collection Rate
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
65%
74%
89%
86%
94%
98%
113%
133%
155%
162%
143%
120%
Compensation
42%
74%
47%
9%
43%
23%
58%
8%
10%
All fines & Infringements
84%
90%
105%
105%
109%
85%
Infringement Notices
Court Fines
Pecuniary Penalty Orders
Table 6.13: Net Penalties Referred
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
Infringement Notices
11,564,631
16,563,044
14,321,690
12,642,854
8,647,813
8,968,060
Court Fines
10,673,419
5,503,835
4,994,232
5,072,919
4,349,234
5,089,690
-
-
-
58,420
1,975,731
256,420
235,478
309,277
398,278
318,131
1,814,780
22,494,470
22,302,357
19,625,199
18,415,472
13,373,598
17,848,261
Pecuniary Penalty Orders
Compensation
All fines & Infringements
301,420
Table 6.14: Payment Channel Analysis
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
Service Tasmania
9,120,574
10,088,213
10,239,934
8,483,418
5,800,267
6,320,503
IVR / Internet
3,502,726
4,093,210
4,081,566
3,219,836
2,390,105
2,365,075
BPAY
4,973,834
6,222,252
7,049,922
7,337,743
6,293,905
6,287,507
202,872
1,075,741
1,742,816
2,250,036
2,568,534
2,751,122
1,553,037
1,395,053
852,577
957,690
577,158
674,375
19,353,045
22,874,469
23,966,817
22,248,723
17,629,969
18,398,582
Value of Receipts
Centrepay
Mail Payments
Total Receipts
Percentage
Service Tasmania
47.1%
44.1%
42.7%
38%
33%
34%
IVR / Internet
18.1%
17.9%
17.0%
14%
13%
13%
BPAY
25.7%
27.2%
29.4%
33%
36%
34%
Centrepay
1.05%
4.7%
7.3%
10%
15%
15%
Mail Receipts
8.0%
6.1%
3.6%
4%
3%
4%
Department of Justice Annual Report 2013 -14
69
Table 6.15: Aged-Debt Outstanding
Infringement Notices
As at 30 June
Court Fines
All Infringements and Fines
2013
2014
2013
2014
2013
2014
Not due
4,597,449
2,457,091
12,139,915
7,626,468
16,737,364
10,083,559
Less than 90 days
overdue
1,041,612
3,333,856
1,713,698
8,056,966
2,755,310
11,390,822
90 to 180 days
overdue
1,325,602
1,832,663
2,112,052
2,085,970
3,437,654
3,918,633
More than 180
days overdue
2,573,899
4,361,671
4,118,211
7,297,816
6,692,110
11,659,487
More than 1 year
overdue
5,784,153
3,528,741
22,837,283
19,344,419
28,621,436
22,873,160
Total overdue
15,324,728
42,923,172
44,411,639
58,245,887
59,925,661
15,514,022
This report is issued in accordance with section 121 of the Monetary Penalties Enforcement Act 2005.
More detailed information and reports on the operations of the Monetary Penalties Enforcement
Service (MPES) are available from the MPES website.
Department of Justice Annual Report 2013 -14
70
Consumer Affairs and Fair Trading
Overview
The Office of Consumer Affairs and Fair Trading (CAFT) delivers education, information, compliance
and enforcement services to the Tasmanian community. It does this to maintain a fair, safe and
equitable marketplace. We work with the Tasmanian community to deliver an equitable and
accessible regulatory service in which rights are promoted, respected and protected, and
responsibilities are fairly and justly enforced.
Our shared ethos of ‘Service first – where there is no wrong number or no wrong door’ allows us to
ensure that all clients are dealt with in a professional and empathetic manner, where we attempt to
facilitate outcomes and reinforce best-practice service delivery through the promotion of our core
values of fair trade and consumer safety.
The key services and responsibilities of the CAFT team include:

administering and regulating the Australian Consumer Law in Tasmania;

developing and maintaining legislative frameworks relating to a diverse range of areas;

providing policy advice to Government;

registering incorporated associations, cooperatives and charities;

providing information to consumers and traders in relation to specific issues;

promoting awareness within the community of relevant consumer laws;

operating effective compliance and enforcement programs;

licensing the security, travel, conveyancing and motor trader industries;

providing investigative services for the Residential Tenancy Commissioner; and

providing a secure repository for lodgement and disbursement of rental bonds.
The functions of the Office of Consumer Affairs and Fair Trading are set out in section 11 of the
Consumer Affairs Act 1988 and these include but are not limited to the following.

to receive complaints from consumers in relation to matters which affect their interests as
consumers and if deemed warranted, investigate those complaints, and take such action as
seems proper to the Director.

consult with and undertake the dissemination of information in relation to matters which
affect, or are likely to affect, the interests of consumers, manufacturers, wholesalers,
retailers, advertisers, and any other suppliers of goods or services.
In addition, the office also provides administrative support to the Rental Deposit Authority (RDA),
the Residential Tenancy Commissioner (RTC) and the Commissioner for Corporate Affairs.
Through focused and reasoned discussions we deliver solutions that achieve appropriate outcomes
for clients and efficiencies in service delivery. In this regard alternative dispute resolution techniques
such as ‘Stop, Listen, Engage, React’ (SLER) are regularly applied by all CAFT officers.
Legislation administered by CAFT
We are responsible for administering a diverse range of legislation covering matters such as fair
trading, occupational licensing and residential tenancies. Specific legislation administered by CAFT
includes:
Department of Justice Annual Report 2013 -14
71

Associations Incorporation Act 1964

Australian Consumer Law (Tasmania) Act 2010

Boy Scouts Association Act 1954

Collections for Charities Act 2001

Commissioner for Corporate Affairs Act 1980

Consumer Affairs Act 1988

Conveyancing Act 2004

Cooperatives Act 1999

Fair Trading (Code of Practice for Retail Tenancies)

Flammable Clothing Act 1973

Motor Vehicle Traders Act 2011

Partnerships Act 1891 - Limited Partnerships Order 1908

Prepaid Funerals Act 2004

Property Agents and Land Transactions Act 2005

Residential Tenancy Act 1997

Retirement Villages Act 2004

Security and Investigations Agents Act 2002

Trades Unions Act 1889

Travel Agents Act 1987
Report on Major Issues for 2013-14
Public participation and awareness
During the reporting period, the CAFT team undertook a range of consumer and trader engagement
activities designed to:

enhance awareness of the roles and responsibilities of CAFT

assist consumers and traders to be better informed and protect themselves
These activities took a variety of forms and included:

attendance at national and local events

information sessions, forums and workshops

segmentation, profiling and targeting of specific client group demographics and issues.
Key projects for the team over the last year included:

work to improve the content and layout of our website

launch of the CAFT Facebook page

awareness campaigns targeting smoke alarms and residential tenancy matters

modifying our approach to compliance, enforcement and communication
Department of Justice Annual Report 2013 -14
72
Community engagement and public participation forums promoting awareness and education remain
a key focus of our regulatory approach as they play an important preventative role for consumers
and traders, licensees, tenants and property owners/agents.
Information and Advisory Services
The Information and Advisory Services branch is the first point of interaction for people seeking
information and guidance on the operation of consumer law and residential tenancy matters.
The service handles all enquiries and complaints received by email, post or phone.
Compliance Officers provide tier-one support and triage to consumers and traders regarding issues
affecting residential tenancy, licencing of security agents, motor vehicle traders, charities,
incorporated associations and co-operatives, in addition to issues arising under other legislation we
administer.
Most enquiries are from consumers seeking general assistance about their rights as retail customers
where questions typically relate to refunds, statutory warranties, repairs and lay-by agreements.
However, during the reporting year an increasing number of enquiries, approximately 53%, were
from tenants and property owners seeking general advice on residential tenancy matters together
with information on rental bonds and disputes.
Our focused shifted during the reporting year from an information receiver to that of a provider
with our contact centre team commencing the ‘Claim - Right’ project.
This project resulted in outbound calls to all parties the subject of a residential tenancy agreement
for which a claim for the return of the bond had been received. Implemented in December 2013 the
early results indicate an increase in the percentage of claims paid within 30 days of lodgement.
Table 6.16: Consumer | Trader Enquiries
Consumer Legislation
Australian Consumer Law
Trade Practices Act
Tenancy (RDA & RTC)
Residential Tenancy Act 1997
Residential Tenancy Amendment (Smoke Alarms) Act 2012
Fair Trading (Code of Practice for Retail Tenancies)
Licensing
Security and Investigations Agents Act 2005
Travel Agents Act 1987
Conveyancing Act 2004
Motor Vehicle Traders Act 2011
Registration Services
Associations Incorporation Act 1964
Collection for Charities Act 2001
Cooperatives Act 1999
Miscellaneous
Prepaid Funerals Act 2004
Property Agents and Land Transactions Act 2005
Retirement Villages Act 2004
Sale of Goods Act 1896
Total
Department of Justice Annual Report 2013 -14
4,360
29
9,260
9
29
2,231
13
8
228
1,209
132
6
3
11
14
4
17,546
73
Compliance and Enforcement Services
Administration and promotion of the Australian Consumer Law
The introduction of the Australian Consumer Law (ACL) has resulted in a number of business
improvement opportunities, contributing to a greater focus on education, information-sharing, policy
development, research, compliance and alternative dispute resolution.
Supporting our collaborative approach, cross-border enforcement and harmonisation opportunities
continued to form a large focus of our activities which for the reporting year included the following:

cash back

children's toy products

consumer guarantees

extended warranties

integrated product safety campaigns
This collaborative approach, facilitating nationally consistent methodologies to consumer issues,
delivering cost savings for individual jurisdictions and enhanced outcomes for consumers, has
resulted in a range of localised compliance activities including:

charitable fundraising

incorporated associations

security agents

prepaid funerals

residential and Retail tenancy

retirement villages

property agents

private landlords
The latter part of the reporting period saw the implementation of our intelligence-led and risk-based
compliance approach where we worked closely with our law enforcement partners and other
consumer protection regulators on a range of projects of both state and national importance.
Our focus on early intervention and a specifically targeted triage approach resulted in a higher
disposition rate of complaints than has been evident in previous years.
Department of Justice Annual Report 2013 -14
74
Table 6.17: Complaints and Investigations
Legislation
Complaints
384
Australian Consumer Law 2011
4
Collection for Charities Act 2001
10
Motor Vehicle Traders Act 2011
1
Property Agents and Land Transactions Act 2005
7
Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998
43
Residential Tenancy Act 1997
Retirement Villages Act 2004
5
Security and Investigations Act 2002
8
Total
462
Table 6.18: Complaint Outcomes
Outcome of Complaints Finalised by CAFT
Complaint withdrawn or lapsed
29
Complaint not within CAFT jurisdiction
14
Full redress obtained
Information given and issue clarified
95
176
No further action
29
Redress not obtained
26
Partial redress obtained
12
Small Claim or other Court action
17
Trader Warned
Infringement notices
7
10
Court prosecutions
6
Public warning notices
1
Total
422
Table 6.19 Trader Engagements (Compliance Audits)
Audit Focus
Motor Vehicle Traders
Security Guards
Number of Visits
75
4
Australian Consumer Law
28
Product Safety
12
Funeral Directors
18
Property Agents
9
Boarding Premises
1
Charities
Incorporated Associations
Retirement Villages
Total
Department of Justice Annual Report 2013 -14
805
3,605
3
4,560
75
Rental Services
Rental Deposit Authority
The Rental Deposit Authority (RDA) was established in July 2009 and provides an independent
service to the Tasmanian community for the lodgement and disbursement of rental bonds for
tenants, agents and property owners in relation to residential tenancies in Tasmania.
During the reporting year the RDA processed an average of 1,580 bond lodgements and 1,754 bond
claims per month for a total of 18,962 lodgements and 21,049 claims. This is a significant increase on
the number of transactions processed in prior years and supports the good work being undertaken
by the CAFT team through our compliance and community engagement approaches.
Since commencement, over 97,267 bonds have been lodged with the RDA and over 73,000 bonds
have been paid to tenants and property owners. The value of bonds currently held by the RDA is
approximately $34 million.
On-going system and process enhancements to improve efficiency in claims management and dispute
resolution were developed and implemented during the reporting year. These initiatives have
resulted in an increase in the percentage of claims processed within our benchmark period 30 days
or less.
Table 6.20: Rental Bond Claims
Period
Agreed
Owner
Tenant
Unsigned
2009-10
2010-11
2011-12
2012-13
2013-14
3,067
9,230
11,354
11,963
10,939
46,553
90
1,676
2,617
3,075
2,919
10,377
69
1,088
1,393
1,643
1,450
5,643
182
1,815
2,025
2,419
1,911
8,352
Totals
Department of Justice Annual Report 2013 -14
76
Table 6.21: Bond Claim Payments (Disposition and Clearance Rates)
Financial Year | Disposition Days
2009-10
Claims Paid
4,961
% of Claims Paid
0 -30 Days
4,577
92
30-60 Days
247
5
60-90 Days
90 - 180 Days
64
26
73
114
21,664
2010-11
0 -30 Days
16,815
78
30-60 Days
2,374
14
60-90 Days
90 - 180 Days
1,791
75
684
38
26,357
2011-12
0 -30 Days
20,090
76
30-60 Days
4,494
22
60-90 Days
90 - 180 Days
1,102
25
671
61
28,736
2012-13
0-30 Days
21,702
76
30-60 Days
5,490
25
60-90 Days
90 - 180 Days
1,120
20
424
38
2013-14
0 - 30 Days
17,219
14,841
86
30 - 60 Days
2,286
15
60 - 90 Days
73
3
90 - 180 Days
16
22
Report Total
98,937
Residential Tenancy Commissioner
The Residential Tenancy Act 1997 establishes the Residential Tenancy Commissioner (RTC) to
determine disputes about residential tenancy security deposits or rental bonds.
Since the introduction of the RDA in 2009, the number of security deposit disputes handled by the
RTC has significantly increased, as the table below demonstrates.
Table 6.22: Rental Bond Disputes
Reporting Period
2006-07
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
Total number of disputes
177
148
169
491
1,563
2,071
3,230
3,361
Department of Justice Annual Report 2013 -14
77
Of the 3,361 disputes handled by the RTC in 2013-14:

694 were processed as agreed claims;

2,304 were unilateral (that is where one party cannot be found or does not contest the
claim); and

363 were complex disputes (where both parties submit counter-claims with supporting
evidence).
This shows a 13, 44 and 32.5 per cent increase respectively from the 2012-13 financial year. In
unilateral and complex disputes, the Commissioner is required to assess and determine the
disbursement of rental bonds on the basis of evidence supplied. This involves in-depth consideration
of each issue and liaison with all concerned parties to ensure procedural fairness is maintained.
As the number of disputes requiring determination by the Commissioner each year continues to
grow, our focus shifted during the reporting year and is now directed toward streamlined processes
to not only improve the timeframes for dealing with bond disputes but also to ensure affected parties
are aware of the bond claim and afforded ample opportunity to contribute to the dispute resolution
process. The growing number of disputes indicates that tenants are becoming increasingly aware of
their rights and further highlights the positive impact of our ‘Claim – Right’ project.
The average processing time for disputes, from receipt of the claim to payout, is 37 days for
unilateral claims and 47 days for complex disputes. These timeframes include the statutory periods
provided to notify parties (10 days), to allow parties to submit evidence (10 days) and the appeal
period (7 days) provided for all parties. The average time for the receipt of evidence from parties is
16 days. The average time a file awaits determination after receipt of evidence is 7.3 days,
demonstrating efficiency in areas within the RTC’s control.
A total of 33 determinations were appealed to the Magistrate’s Court (18 complex; 15 unilateral)
during the 2013-14 financial year, equal to just 1.24% of all determinations issued. Of those appeals:

one was adjourned sine die;

two were dismissed;

two were withdrawn;

five upheld the Commissioner’s determination;

nine varied the Commissioner’s determination; and

fourteen remain in the Court process.
The majority are dealt with by way of Court mediation, meaning the Commissioner’s decision is not
often legally tested. Appeals are also dealt with as a hearing de novo, meaning new evidence and
claims can be considered in the appeal, which can affect the outcome.
Licensing and Registration Services
Licensing Services
The Licensing Branch is responsible for licensing various occupations under the following statues.

Security and Investigation Agents Act 2002;

Conveyancing Act 2004;

Travel Agents Act 1987; and

Motor Vehicle Traders Act 2011.
Department of Justice Annual Report 2013 -14
78
Although the administration of these matters transferred to the Occupational Licensing unit of the
Department of Justice in December 2013, under delegated authority of the Director of Consumer
Affairs and Fair Trading, a public register of licenses is maintained and is available from the CAFT
website.
Table 6.23: Occupational Licences with specific sub-classes
Licence Category
Current Licences
Conveyancers
Motor vehicle traders
Security (individual)
Body Guard
Commercial
Crowd Control
Inquiry
Monitoring Room Operator
Security General Guarding
Security with Dog
Security with Firearm
Security (body corporate)
Body Guard
Commercial
Crowd Control
Inquiry
Monitoring Room Operator
Security General Guarding
Security with Dog
Security with Firearm
Travel agents
15
165
1 192
12
4
1 035
4
250
1 131
11
73
425
44
50
211
161
87
276
10
50
35
Reforms to Licensing within the Travel Industry
In December 2012, a majority of state and territory Ministers for Consumer Affairs approved the
Travel Industry Transition Plan which set out reforms to travel agents’ regulation and the Travel
Compensation Fund (TCF). As of 30 June 2014, legislation to repeal the Travel Agents Act 1987 had
not been tabled with the Tasmanian Parliament.
Registration Services
The Commissioner for Corporate Affairs is responsible for the registration of various classes of
organisation under the following statutes: 
Associations Incorporations Act 1964

Collections for Charities Act 2001

Cooperatives Act 1999; and

Limited Partnerships Order 1908 (incorporating the Partnerships Act 1891)
As at 30 June 2014 there were a total of 4,606 registered organisations with 314 being registered and
143 de-registered during the reporting year.
Department of Justice Annual Report 2013 -14
79
The following table provides an overview of the number and type of organisations registered and deregistered within the reporting year.
Table 6.24: Corporate Affairs Registrations
Registration Category
Total Registrations
Registered in 2013 - 2014
De-registered
3,649
26
126
805
4,606
200
4
110
314
1421
12
143
Incorporated Associations
Co-operatives
Limited Partnerships
Charities
Total Registrations
Notes:
1 During the reporting period a total of 97 Incorporated Associations were de-registered due to non-lodgement of an
annual return and 45 following an application for self-revocation.
2 One co-operative was de-registered in the reporting period following an application for self-revocation.
On-going work is occurring to streamline the registration process and reduce the compliance
burdens imposed on organisations participating in the registration process.
Reforms to Co-operatives Law
In 2007, all states and territories agreed, under the Australian Uniform Co-operatives Legislative
Agreement (AUCLA), to enact uniform national laws to regulate the activities of co-operatives. All
states and territories have committed to enact the co-operatives national law by May 2015.
The Co-operatives National Law (CNL) addresses the issues of competitive disadvantage currently
faced by co-operatives when compared to corporations. It seeks to deliver this by providing
freedom to operate on a national basis, better access to external capital funding, and simplified
reporting for smaller co-operatives.
Communications and Publications
Continuing a targeted education and engagement program our focus shifted throughout the
reporting period to a more holistic intelligence-based collaborative style. Driving some national
education projects we are actively represented on the following consumer protection committees.

Education and Information Advisory Committee [EIAC]

National Indigenous Consumer Strategy Committee [NICS]

Australian Consumer Fraud Taskforce [ACFT]
The office is currently the lead agency coordinating a national project to update and publish the
Australian Consumer Law guides, which are due to be launched in 2015.
Utilising shared operational intelligence, analysis and our collaborative relationships with law
enforcement and consumer protection partners, we link into nationally focussed, intelligence-led and
risk-based compliance approaches, where we gather and assess issues and stakeholder demographics
to ensure programs are relevant and current.
Locally we are providing education and support to a range of stakeholders through a variety of
networks both within and external to government. This includes the delivery and dissemination of
information through a number of methods including the following:

state-wide networks for publication distribution

attendance at community events
Department of Justice Annual Report 2013 -14
80

presentations and workshops for stakeholders

media presentations through local radio

social media engagement

collaboration with education providers on relevant projects (such as Financial literacy)
Table 6.25: Managed publications, communications and resources
Publications | Resources
Avoiding unfair business practices
Blind cord product safety kits
CAFT about us
Do not knock stickers
Lay-by agreements
Rental bond disputes
Rental guide
Residential tenancy including RDA
Your rights under the ACL
Total Publications | Resources
No. delivered in
2013 - 2014
790
300
700
1,695
590
910
12,000
765
820
18,570
Visit the CAFT website for further information on the work of CAFT.
Department of Justice Annual Report 2013 -14
81
Building Standards and Occupational Licensing
Overview
In 2013-2014, following a Departmental restructure, Building Standards and Occupational Licensing
(BSOL) was established as a separate output within the Department, rather than reporting through
WorkSafe Tasmania.
As part of the restructure, responsibility for licensing of security agents and motor vehicle traders
was moved to BSOL and the project for registration to work with vulnerable people was established
in BSOL. This has brought together the majority of the Department’s licensing and accreditation
responsibilities in one unit.
BSOL has five distinct areas of operation:

Directorate

Building and Plumbing Standards

Occupational Licensing

Compliance and Dispute Resolution

Registration for Working with Vulnerable People
The responsibilities of each of these groups are explained in more detail below.
Directorate
The Directorate supports the Director in managing the activities of BSOL.
The Director holds the following Statutory Roles:

Director of Building Control (Building Act 2000);

Administrator, Occupational Licensing (Occupational Licensing Act 2005); and

Registrar for Registration to Work With Vulnerable People (Registration to Work with
Vulnerable People Act 2013)
In addition, the Director of Consumer Affairs has delegated to the Director of BSOL the powers and
functions under the Security and Investigations Agents Act 2002 and the Conveyancing Act 2004. The
Director is also a member of the Australian Building Codes Board.
Review of Tasmania’s Building Regulatory Framework
In January 2014 the Director initiated a review of Tasmania’s Building Regulatory Framework. This
Review was endorsed by the Treasurer in April 2014.
The review seeks to ensure that only necessary and relevant regulation of the Building Industry is
included in the legislative framework, whilst ensuring that buildings are safe, and built to an
appropriate standard.
As part of the Review, a series of forums were held with stakeholder groups including:

representatives of the Building Industry through peak body groups

representatives of technical experts in the industry, drawn from Tasmanian practitioners

council Permit Authorities responsible for issuing building permits
Department of Justice Annual Report 2013 -14
82

consumers who have come into contact with regulation either through being involved in the
process of getting building approval, or through the complaints and rectification mechanisms.

building Regulation Advisory Group
These discussions informed development of an Issues Paper to facilitate further discussion with
stakeholders and the wider community.
Submissions will be invited in July 2014 with a position paper o be developed by the end of 2014. A
legislative package is expected to be available by the end of July 2015.
Public Information Strategies
One of the early issues identified was the need to raise the awareness and profile of the role and
services of BSOL, and address some of the ignorance within the community in relation to building
and renovating homes and buildings.
Some of the strategies implemented to facilitate delivery of information to stakeholders included:

re-writing and simplifying both the information within, and the search capability of, the BSOL
website

BSOL attendance at Community Events (including Agfest 2014)

production of bi-annual issues of the allied trades magazine – CONNECTIONS, providing
information for stakeholders from all areas of BSOL
Registration for Working with Vulnerable People Project
This Project was established to implement the Registration to Work with Vulnerable People Act 2013,
which was passed by Parliament on 21 November 2013, and commenced on 1 July 2014.
The Project’s first phase is Working with Children Registration and introduces a new requirement
for anyone performing regulated child-related work in Tasmania. It does not matter whether the
work is paid or unpaid, supervised or unsupervised.
The aim of the Registration is to reduce the possibility of sexual, physical, psychological, emotional or
financial harm or neglect of children in Tasmania.
The Working with Children Check is being phased in for all child related activities over a three year
period commencing from 1 July 2014. The first activity affected is Child Care Services.
The project included the establishment of:

the Unit within BSOL to undertake registration.

the regulations, ministerial orders and practice guides to enable implementation

an Electronic Registration System and Process, which was available from 1 July 2014.

a joint approach with Service Tasmania which sees Service Tasmania Offices and Phone
Contact Centre being the main points of contact for this Registration.
Public information sessions were conducted in November 2013 and again from March to June 2014
and information was also mailed to child care facilities. Further information sessions will be delivered
around the state for the full three years of the implementation period.
Public feedback about the legislation has been almost entirely positive, especially around the benefit
of the screening approval being portable across child related activities.
Department of Justice Annual Report 2013 -14
83
Occupational Licensing and Building Accreditation
Occupational Licensing
BSOL regulates practitioner and contractor licensing in the fields of electrical, plumbing, gas-fitting,
automotive gas-fitting, as well as building accreditation. Licensing is regulated under the Occupational
Licensing Act 2005 and building accreditation under the Building Act 2000.
The Occupational Licensing Unit aims to process 95% of licence applications in 21 days or less. This
target was exceeded, with 100% of applications processed within the 21 day period.
A recent change in organisational structure has seen the Director of Consumer Affairs and Fair
Trading delegate authority for security licensing activities under the Security and Investigations Agents
Act 2002 to the Director of BSOL. The licensing of conveyancers under the Conveyancing Act 2004 is
now also administered by BSOL under the Director’s delegation. (Refer to the Consumer Affairs and
Fair Trading section of this report for further details on Security and Conveyancing licensing
activities).
BSOL has been active in helping to educate and assist workers and contractors across the
occupations with their responsibilities and compliance obligations.
The following licences were under the administration of BSOL at 30 June 2014:
Table 6.26: Occupational Licensing
Class
Total
Electrical practitioner licences
4144
Plumbing practitioner / certifier licences
1146
Gasfitter practitioner / certifier licences
430
Electrical contractor licences
957
Plumbing contractor licences
512
Gasfitter contractor licences
181
Automotive Gas-fitter practitioner licences
74
Automotive Gas-fitter contractor licences
12
Total
7456
Of the licences on the register at 30 June, 669 were issued to persons or companies who have come
to work in Tasmania from interstate jurisdictions.
Owner-Builders
During 2013-14, 378 owner-builders registered to undertake for projects worth approximately
$58,354,357.
This is a 52 per cent reduction in owner builder applications as compared to the previous period.
Building Practitioner Accreditation
As at 30 June 2014, there were a total of 2,879 accredited building practitioners. This represents a
net decrease of 51 accredited practitioners compared to the same time last year.
Department of Justice Annual Report 2013 -14
84
Table 6.27: Building practitioners accreditation
Category
Total
Architect
181
Builder
1549
Building Designer
438
Building Services Designer
102
Building Surveyor
64
Civil Designer
5
Construction Manager
115
Demolisher
55
Engineer
346
Fire Protection Services Builder
14
Total
2879
Advice, assistance and administration
The Unit was kept busy in 2013-14 providing advice to the public, businesses, stakeholder and the
broader community on occupational licensing, building accreditation, security and conveyancing
licensing. Key activities undertaken during the reporting period included:

administrative systems were streamlined and some developed to assist with the provision of
an effective and consistent approach to the delivery of client services

in collaboration with Registered Training Organisations, assistance was provided to industry,
workers and other stakeholders to address training and competency requirements for
licensing eligibility

changes were made to improve the licensing and accreditation information on the BSOL
website

9,754 practitioner, contractor and newsletter records were managed

administrative systems were reviewed to provide for fair and equitable processes, including
clear rights for appeal

participation in a COAG initiative through the Council for the Australian Federation to
explore options to improve labour mobility across Australia for certain occupations.
Compliance and Dispute Resolution
The Compliance and Dispute Resolution Unit conducts performance reviews of building
practitioners, permit authorities and councils under the Building Act 2000, and of licensed
practitioners and contractors under the Occupational Licensing Act 2005.
The Unit also undertakes investigations into the conduct of accredited building practitioners and
licensed practitioners and contractors, as well as investigating allegations of unlicensed persons
carrying out the work of a practitioner or contractor.
Investigations
The Director received 30 conduct complaints against practitioners this financial year and conducted
78 formal investigations into the performance of prescribed work under the Occupational Licensing
Act (OLA).
Department of Justice Annual Report 2013 -14
85
Table 6.28: Investigations and Complaints on hand by quarter
Financial
Year
2013-14
Number and age of Investigations
Total
on hand
<3
months
3-6
months
6-12
months
>12
months
Q1
34
14
8
8
5
Q2
51
28
11
9
3
Q3
43
22
14
7
0
Q4
14
5
6
3
0
Note: Active investigations and complaints, and the age distribution, were captured at the end of each quarter.
Figure 1 – Occupational Licensing Investigations on hand by quarter
Occupational Licensing Accreditation
30
25
20
Q1
15
Q2
10
Q3
5
Q4
0
Total
<3 months
3-6 months 6-12 months >12 months
Number and age of Investigations
Figure 2 – Building Disputes on hand by quarter
Building
20
18
16
14
12
10
8
6
4
2
0
Q1
Q2
Q3
Q4
Total
<3 months
3-6 months 6-12 months >12 months
Number and age of Investigations
Department of Justice Annual Report 2013 -14
86
Dispute resolution
The Unit has also provided guidance in relation to over 200 building disputes.
In order to further assist our stakeholders, the BSOL website has been amended to provide a
mechanism for people to electronically request assistance from the Compliance Unit. We expect to
see more online requests in the upcoming financial year, which will provide the Unit with preliminary
details prior to the first contact with a complainant, and allow for allocation to an appropriate staff
member.
Audits
This year the Unit also carried out 316 audits of licensed practitioners and contractors under the
Occupational Licensing Act 2005. In addition, 77 audits of accredited building practitioners and 8
Council performance reviews were carried out under the Building Act 2000.
Table 6.29: Audits and compliance checks 2013-14
Functions
Q1
Q2
Q3
Q4
Total
Targets
Building
Audits
25
20
20
12
77 ABP
8 Council
75 ABP
8 Council
OLA
Proactive
Interventions
60
67
25
164
316
300
TOTAL
85
87
27
176
401
383
ABP = Accredited Building Practitioner
Building and Plumbing Standards
Building Act 2000 amendments
Late in 2013, amendments to the Building Act 2000 commenced to allow councils to effectively deal
with dilapidated buildings.
Regulations amended or renewed
Building Regulations 2014 and the Plumbing Regulations 2014 replaced the Building Regulations 2004
and Plumbing Regulations 2004 that expired on 30 June 2014.
The new regulations included:

revised bushfire-prone areas provisions in accordance with the recommendations of a
Bushfire Code Implementation Committee

provision to exempt some additional types of building work from requiring a building permit.
Revision of regulatory documents created under the Building Act 2000
Significant amendments were made to the following documents approved by the Director of Building
Control:

Director’s Specified List

Director’s Approved Forms

Determination on Certificates of Specialists or Other Persons.
Department of Justice Annual Report 2013 -14
87
These documents provide additional detail for processes under the Building Act, including making
applications, determining time periods and identifying who can certify work. The main reason for
these amendments was to ensure consistency with the provisions of the new Building Regulations
2014 and the Plumbing Regulations 2014.
Standard for Design of Residential Buildings (Schedule One of the Director’s
Specified List)
Schedule 1 of the Specified List, relating to minimum design information required for houses and
associated outbuildings, was revised during the reporting period. The revision was undertaken in
response to feedback from designers and industry stakeholders requesting simplification and
clarification of the requirements of that Schedule. Schedule 1 was implemented in December 2012
and the revised schedule, resulting from the review, will be implemented in September 2014.
Training will be provided as part of the implementation.
Committees
BSOL was represented on a number of committees during the year, including:

the National Building Codes Committee and working groups

the National Plumbing Codes Committee and working groups

participation in the development of the Australian Building Codes Board Condensation
Handbook (version 2)

a Bushfire Code Implementation Committee

a Landslip reference group
Advisory information and training
A number of advisory materials and training sessions were provided to industry during the reporting
period, including:

Building and Plumbing Regulation Advisory Notes - 5 editions were published providing technical
advice to industry and local government on topical matters and technical building code issues.

Building and Plumbing Regulation News Updates - 4 editions were published providing
information for stakeholders on current issues, including regulatory developments

Information sharing and training forums were hosted throughout the state - 31 forums were
held for accredited building and plumbing practitioners, building surveyors and Council
Permit Authorities on their responsibilities under the Building Act 2000 and its regulations,
and the changes to the National Construction Code.
National Construction Code – Plumbing Code of Australia
Consolidation of the Tasmanian Plumbing Code (TPC) into the Plumbing Code of Australia (PCA)
Tasmanian Appendix was completed.
Consolidation of the TPC into the PCA is part of a COAG strategy to develop a National
Construction Code (NCC). The NCC will ultimately integrate all on-site construction regulation
(excluding Work Health and Safety)
Plumbing Products Certification – WaterMark Certification Scheme
BSOL worked with the Australian Building Codes Board (ABCB) in the preparation of a discussion
paper and draft Regulatory Impact Statement to review the WaterMark Certification Scheme
(WMCS) set up under the Plumbing Code of Australia (PCA).
Department of Justice Annual Report 2013 -14
88
The review of the WMCS is to:

consider the policy objectives

consider the Scheme Rules

determine the costs and benefits of the Scheme

examine the appropriateness, effectiveness and efficiency of the operation of the Scheme

make recommendations where appropriate as to the future of the Scheme, including possible
options.
The WaterMark Certification Scheme assists and benefits industry by providing confidence to
regulatory authorities and the market about the conformity of certified materials and products to the
requirements of the PCA.
National Construction Code energy efficiency requirements
6 Star energy efficiency requirements for houses were introduced on 1 May 2014 and state wide
training of building industry practitioners was facilitated by BSOL.
These sessions were extremely popular with a high attendance rate and very positive feedback
received.
Image - Attendees at the 6 star energy efficiency training session in Hobart
Building and Construction Industry Security of Payment Act 2009
There were 23 Determinations delivered by independent adjudicators under the Building and
Construction Industry Security of Payment Act 2009 during the 12 month period, with a total of $546,395
awarded to claimants.
A variety of claims were lodged for adjudication, including for various types of construction work,
where goods and services were the subject of applications for adjudication to the four Tasmanian
authorised Nominating Authorities. Very few of the claims related to large commercial building
projects, with a majority of the lesser-value determinations awarded against residential home owners
as the respondent.
Interest in the use of the Security of Payment Act system was consistent with activities over the
previous 12 months.
Further information is available on the Building Standards and Occupational Licensing website.
Department of Justice Annual Report 2013 -14
89
7. Output Group 4 - Regulatory and Other Services
WorkSafe Tasmania
WorkSafe Tasmania works with industry and the community to improve safety, health and return to
work outcomes, and to ensure standards of safety in energy infrastructure.
WorkSafe administers the laws that regulate work health and safety, workers compensation and
return to work, occupational accreditation, asbestos compensation, dangerous goods, energy
infrastructure, and more. Its work includes investigating workplace incidents, promoting safer and
healthier workplaces and practices, promoting prompt and effective return to work, processing
occupational licences, and more.
WorkSafe’s activity supports the Department of Justice’s aim of achieving a fair, just and safe
Tasmania.
During the reporting period, WorkSafe Tasmania developed its Strategic Plan 2013–18 which is
available on the WorkSafe website. The plan sets out tangible goals to achieve safer and healthier
workplaces, work with the community to make workplace safety an important issue, and ensure our
compensation schemes are fair and sustainable. It details strategies, related objectives, measures, key
performance indicators and targets for 2013 to 2018.
In addition to this strategic plan, business, communications and project plans have also been
developed that support and guide its implementation; and the systems for reporting against its
performance indicators.
Legislation
Amendments to the Workers Rehabilitation and Compensation Act 1988 saw Tasmania became the first
state in Australia to establish a presumption in favour of an entitlement to compensation for both
career and volunteer fire-fighters who contract cancer through exposure to harmful chemicals and
substances at work.
National issues
WorkSafe Tasmania contributes to national research, data collection and reporting, and reviews of
legislation, codes of practice and other material. National bodies that WorkSafe collaborates with or
is represented on include Safe Work Australia and its working groups, Heads of Workers
Compensation Authorities, Heads of Workplace Safety Authorities, and the Asbestos Safety and
Eradication Agency.
Notable national projects supported by WorkSafe Tasmania include the five-year National Strategic
Plan for Asbestos Awareness and Management, the National Injury Insurance Scheme, and the Safe
Work Australia Awards.
Compliance and safety
One of the Strategic Plan’s strategies is to reduce workplace death, injury and disease. To support
this, the Inspectorate focussed on the following industries and sectors:

meat and meat processing;

public health;

shearing sheds;

oyster farms;
Department of Justice Annual Report 2013 -14
90

non-residential construction projects;

manual handling in the aged care sector; and

demolition projects.
Audits of industries, sites/facilities, and activities with high-consequence incidents (for example,
asbestos removal or the use of security-sensitive dangerous substances) were conducted by the
Major Hazard Facility, Dangerous Substances, Electrical Standards and Regulation, and Accreditation
and Licensing units. In many instances, results of these audits were positive, showing good levels of
compliance.
The Work Health and Safety Act 2012 introduced new requirements for licensed asbestos removalists,
and existing license holders had 12 months to meet these new obligations. However, 51 licensed
removalists failed to meet these obligations and consequently had their licenses suspended.
The Mines and Mineral Processing unit was heavily involved in investigating three fatalities that
occurred at a Mt Lyell mine in 2013-14.
Work continued on the strategy to address workplace bullying and implement initiatives to reduce
the incidence and harm caused by inappropriate behaviours. A draft strategy will be released in the
last half of 2014 for public comment.
Education and stakeholder engagement
Another WorkSafe strategy is engaging with workplaces and the wider community to influence their
attitudes towards work health and safety, and to empower change to positive behaviours.
Examples range from industry-specific forums (such as those for the mining industry) to the statewide WorkSafe Tasmania Month, held every October. WorkSafe Month’s seminars and workshops
cover work health and safety, return to work, legislation, and wellbeing. The Better Work Tasmania
project supports networking and information sharing opportunities for workplaces.
The Advisory Service continues to provide free, practical support and resources tailored to the
needs of small to medium-size businesses. During the year, the Health and Safety Service helped over
220 businesses and held information events around the state.
The Health and Wellbeing Service (a joint Australian and State Government initiative under the
National Partnership Agreement on Preventative Health) supported 180 businesses to develop and
maintain wellbeing programs and initiatives. It also engaged with over 1,400 businesses through statewide events such as its Mental Health in the Workplace training workshops and Workplace to
Workplace Active Learning Groups.
Other important communication tools are the:

free quarterly Workplace Issues magazine, covering work health and safety and return to
work topics and distributed to over 10,000 subscribers;

free biannual Connections magazine, covering the electrical, gas, plumbing and building
industries for almost 10,000 subscribers; and

Facebook page, covering work health and safety, wellbeing and return to work for a growing
number of users.
Work has also begun on creating a new WorkSafe website to fully reflect the new organisation and
better meet users’ needs.
Department of Justice Annual Report 2013 -14
91
Return to work
Training requirements for injury management coordinators were introduced during the reporting
period. The new units of competency mean injury management coordinators may continue their
training to attain a nationally-recognised qualification.
A scholarship program for injury management coordinators was also developed and is expected to
begin in early 2015.
The opportunity to use the national Return to Work Survey to gather information about return to
work in Tasmania is being investigated.
Table 7.1: WorkSafe Tasmania Activity Information
Activity Type
Subject Area
Number
Prosecutions
Total
13
Long Service Leave
3
Work Health and Safety
4
Workers Rehabilitation and
Compensation
6
Infringement Notices
51
Work Health and Safety
22
Workers Rehabilitation and
Compensation
29
Prohibition Notices
121
Improvement Notices
22
Workplace visits
6272
Helpline Activity
Calls received
30,598
Emails received
5,052
Safety
publications
distributed
Asbestos Removal Licences
issued
High Risk Work licences
issued
High Risk Work licence
assessor registrations
Construction
Industry
Whitecards issued
Hazardous
Plant
registrations
27,909
31
17,200
21
4,141
243
Further information is available on the WorkSafe Tasmania website.
WorkCover Tasmania Board
There is a strong relationship between the Department of Justice and the WorkCover Tasmania
Board, with the Secretary of the Department filling the position of Chair of the Board.
Department of Justice Annual Report 2013 -14
92
One legislative function of the Board is to monitor and review how WorkSafe Tasmania exercises its
powers and performs its functions under the workers rehabilitation and compensation legislation and
the work health and safety legislation.
Additionally, WorkSafe Tasmania staff implement the decisions of the Board and help the Board fulfil
its functions in relation to workers compensation, injury management and work health and safety.
Details of the WorkCover Tasmania Board’s activities are available in its annual report.
Department of Justice Annual Report 2013 -14
93
Tasmanian Planning Commission
The Tasmanian Planning Commission is an independent statutory body established under the
Tasmanian Planning Commission Act 1997 and forms part of the Tasmanian Resource Management and
Planning System. From 1 September 2009, the Commission assumed the functions of the former
Resource Planning and Development Commission and the Land Use Planning Branch of the
Department of Justice. The Commission has a range of statutory responsibilities, which include:


undertaking assessments under the Land Use Planning and Approvals Act 1993 of:
o
council planning schemes and planning scheme amendments;
o
projects of regional significance; and
o
draft planning directives;
undertaking assessments under the State Policies and Projects Act 1993 of:
o
projects of State significance; and
o
draft State Policies;

preparing the Tasmanian State of the Environment report under the State Policies and Projects
Act 1993; and

conducting inquiries into public land use under the Public Land (Administration and Forests) Act
1991.
The Commission also:

advises the Minister generally about land use planning in Tasmania, including State and
regional strategic land use planning;

plans for the coordinated provision of transport and infrastructure for land development; and

advises local government in relation to planning schemes under the Land Use Planning and
Approvals Act 1993.
For more detailed information on the Commission’s activities please refer to the Tasmanian Planning
Commission’s Annual Report.
Department of Justice Annual Report 2013 -14
94
Supervision of Poppy and Hemp Crops
The Poppy Advisory and Control Board’s (the Board) role in the regulation of the poppy industry is
to:

process applications for licences and advise the Minister for Health on those applications

advise on matters relating to the cultivation, production and transport of poppies and poppy
material

collect and collate statistical information and prepare reports

liaise with the Australian Government to fulfil Australia’s obligations under the international
drug conventions (including the United Nations Single Convention on Narcotic Drugs)

oversee security matters for Tasmanian crops.
Because of the narcotic content of plants, strict controls are maintained over all aspects of growing
through to processing. Board field officers regularly patrol crops and liaise with the Tasmanian Police
Poppy Task Force, which operates each season.
Board membership
Membership of the PACB includes:

a person appointed by the Minister, to be the chair

the Secretary of the Department responsible for the Public Health Act 1997 or a person
nominated by the Secretary

the Commissioner of Police or a person nominated by the Commissioner

the Secretary of the Department responsible for the Agricultural and Veterinary Chemicals
(Tasmania) Act 1994 or a person nominated by the Secretary

a person nominated by the Secretary of the Commonwealth department responsible for
granting licences to manufacture drugs under Part II of the Narcotic Drugs Act 1967
(Commonwealth).
At 30 June 2014, the Board consisted of:

Dr Peter Patmore (chair)

Jim Galloway, representing the Secretary of the Department responsible for the Public Health
Act 1997

Detective Inspector Glenn Lathey, representing the Commissioner of Police

Dr Lloyd Klumpp, representing the Secretary of the Department responsible for the
Agricultural and Veterinary Chemicals (Tasmania) Act 1994.
The Board is supported by the Department of Justice through the provision of WorkSafe Tasmania
staff to assist the Board in carrying out its responsibilities.
Major issues 2013–14
Review of the Tasmanian Poppy Industry Regulation
In July 2013, John Ramsay and Associates delivered the report of a review of the regulation and
oversight of the poppy industry in Tasmania, commissioned by the then Attorney-General. The
report is available on the Department of Justice website.
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95
The purpose of this review was to ensure the industry’s regulation is the most effective and efficient
it can be, and that it supports industry growth into the future.
The report gave 16 recommendations, which covered the review’s terms of reference to provide:

advice on options for a contemporary regulatory framework that supports and protects the
industry; provides safeguards for the community; and meets national and international
obligations

advice on the roles and functions required into the future for the industry’s regulation and
oversight

recommendations on the optimal structure for regulating the industry and a suitable
mechanism for future industry engagement with the regulatory body, while maintaining strict
independence of the regulator’s functions and decisions.
The report described its recommended changes as ‘adjustments to aspects of the current system,
rather than a significant structural reform’. Its most significant recommendation was ‘to establish a
clearer separation between the industry development and regulatory functions in the system and the
role that the Board performs in these matters. Essentially, the Board should become the actual as
opposed to de facto [sic] regulator of the system and cease being a general advisory body on all
aspects of the industry.’
In January, the then Government released the report and its response, which was to accept all 16
recommendations with minor variations. In line with this response, the previous Government
approved the drafting of legislation to:

amend the Poisons Act to change the name and membership of the Board

allow for the Board to issue growers’ licences

remove any functions of the Board not related to the regulation of the poppy industry.
At the time of preparing this annual report, the current Government is still considering its position
on the report and its recommendations.
Proposals to grow commercial poppy crops in Victoria and Northern Territory
The Victorian and Northern Territory Governments recently passed legislation permitting the
cultivation of poppies.
In 1972, Commonwealth and state governments agreed to restrict growing opium poppies to
Tasmania, for security reasons.
The Board’s position is:

the 1972 agreement is still relevant

there should be a five-year moratorium to fully understand the implications of commercially
producing poppies outside Tasmania and, if warranted, to re-negotiate the 1972 agreement.
Performance measures
One of the Board’s performance measure focuses on the efficiency of its supervision and protection
activities.
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96
The Department of Police and Emergency Management provides a separate assessment of the
effectiveness of crop protection. The Tasmanian Police Drug Investigation Services unit also reports
on the number of interferences to poppy crops.
The table below provides data on the cost per hectare of supervising and protecting poppy crops
over the last four financial years.
Table 6.1: Cost of supervising and protecting poppy crops
2010–11
2011–12
2012–13
2013–14
Cost per hectare sown
$24
$25
$17
$22
Cost per licence issued
$570
$579
$488
$515
Hectares harvested
24,858
23,919
29,396
21,428
Total expenditure
$604,374
$600,154
$509,393
$470,359
Source: Poppy Advisory and Control Board
The cost per hectare follows crop trends; it is lower when the number of hectares sown increases.
The overall volatility in crop area in recent years is a response to varying world demand combined
with manufacturers’ accumulation of stock levels; this is reflected in the hectares harvested.
The table below outlines other Board activities over the last three financial years.
Table 6.2: Poppy Advisory and Control Board performance measure criteria
2011–12
2012–13
2013–14
Number of poppy licences issued
1,037
1,043
913
Number of inspections of poppy crops
13,000
11,500
11,890
Number of kilometres travelled by field staff
(calculated by poppy season, ie 1 April–31 March)
280,000
185,000
191,000
Number of poppy regrowth reports submitted
20
8
13
Number of interference reports submitted
12
19
21
Number of capsules stolen
687
2,895
3,923
Number of security clearances processed
200
115
49
Number of capsules stolen per hectare sown
0.03
0.09
0.18
Another performance measure is providing a secure and controlled poppy industry in accordance
with United Nations Conventions. This is a shared responsibility between the Board, Tasmania Police
and the growers themselves. Performance is also affected by external factors such as weather and
climate events, which affect the timing of the poppy harvest.
More information is available from the Poppy Advisory and Control Board website.
Hemp Crops
Eleven licences were issued for industrial hemp crops in 2013–14, totalling 89.1 hectares. Forty-four
inspections of these crops were conducted during the year.
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State Architect
Tasmania’s State Architect was created to provide strategic and independent advice to the Tasmanian
Government on matters relating to planning, urban design, building architecture and built heritage.
The State Architect was also given an advisory role in the Government’s own building and
infrastructure projects.
The position of State Architect has been vacant since early 2012, following the departure of the
incumbent, and for budgetary reasons the position has not been filled.
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8. Corporate Support and Strategy
The Corporate Support and Strategy Division comprises the four following branches:

Finance

Information Services

Human Resources

Executive Support and Communications
Finance Branch
The Finance Branch provides a wide range of specialist financial, budgeting and accounting services
and procurement, facilities and asset management services. In the provision of these services the
Finance Branch has a vision to be SAVI. That is:

to be Strategic;

to Automate;

to Value add; and

to Integrate.
During the past year, we have:

fully integrated the accounting services and taxation structures for the Tasmanian Audit
Office and the Macquarie Point Development Corporation and delivered the associated
services to these two entities in 2013-14;

implemented the outcomes from an internal agency restructure undertaken during the
financial year;

provided project management support for the Launceston Reception Prison safety and
security capital works undertaken in 2013-14;

provided project management support for the Medium Security Accommodation capital
works undertaken in 2013-14;

commenced a review into better integration and reporting of financial and human resource
information for senior management across the Department;

continued a strategic review of the use of all of the Department’s G-plated vehicles including
assessment as to the potential for centralisation of these vehicles in key sites around the
State; and

Finalised a strategic accommodation review for the Department’s leased property portfolio
in the southern region and have commenced the implementation of the recommendations
arising from this review.
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Human Resources Branch
The Human Resources Branch (the Branch) provides support to all areas of the Department. This
includes the provision of strategic advice to departmental management and staff on the management
of change, as well as the development and implementation of activities that improve the
Department’s people management practices and assist all areas of the Department to meet their
objectives.
The Branch also provides support through Memorandums of Understanding with the Tasmanian
Audit Office, Macquarie Development Authority, the Integrity Commission and the Legal Aid
Commission of Tasmania.
General Services
The Branch continues to develop and improve its services to employees and clients.
Towards this end, the Branch undertook the following initiatives and services during the reporting
period:

finalisation of the negotiation, and implementation of a new Industrial Agreement to support
correctional officers;

registration of a new Legal Practitioners Industrial Agreement;

further development of the Department’s performance management systems including the
provision of support for managers and supervisors to ensure effective implementation;

implementation of a Department wide development and training system;

commencement of a three year project to implement the harmonised work health and safety
legislation and training for departmental worksites, employees and other people;

further development and implementation of health and wellbeing programs and initiatives;

continuing support to the Tasmania Prison Service and its change management program;

a review of the Branch structure and work distribution (still ongoing);

an internal review of data reporting requirements;

revision of the strategies for the management of workers compensation claims, with an
increased focus on return to work rates and timeframes and an emphasis on case
management. in support of the Department’s Injury Management Model; and

continued participation in the Tasmanian State Service’s whole-of-government people
management initiatives.
Workplace Health and Safety
The Department of Justice created a new Workplace Health and Safety (WHS) Project Officer
position in 2013 to progress the further development of WHS systems throughout the Department,
and support compliance with the harmonised work health and safety legislation.
During the year a number of activities were undertaken, including:

review and improvement of the Department’s current WHS Management System;

training of over 200 managers and supervisors to ensure their understanding of their
accountabilities and responsibilities with respect to WHS;

WHS awareness training for all employees through an online package;

reinvigoration of the Department consultation arrangements through effective WHS
Committees;
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100

implementation of a WHS Executive Committee to develop strategies to drive improvement;

development of risk registers for each Output of the Agency to ensure understanding of the
risk profile of the Agency;

development of an Agency-wide training needs analysis for WHS and other important
training requirements for Agency personnel and subsequent development of a training plan
for delivery;

new and improved hazard and incident web-based reporting tool, which has resulted in a
>30% increase in hazards reported;

improved incident investigation and corrective action tracking; and

reinvigoration of the health and wellbeing program to improve employee health outcomes.
The health, safety and wellbeing improvement program will be actively pursued throughout the 201415 financial year.
Workplace Diversity
The Department of Justice is committed to workplace diversity through the continued development
and implementation of a Workplace Diversity Program.
This year the Department of Justice completed development of a new Disability Action Plan.
Development of this plan was the supported by a number of working groups dealing with specific
issues and key themes. The plan is based on the Premier’s Framework for Action 2013-2017 and is a
rights based, social model of disability. The key actions areas in the plan encompass:
1. access to Services and Programs;
2. access to Employment Opportunities, Career Development, Retention and Recruitment
Economic security;
3. access to Buildings, Facilities, Venues and Off-Premises Events; and
4. access to Information (printed materials, websites, audio and video).
The plan integrates and builds on the success of previous equal employment opportunities strategies,
but broadens the concept of equal employment opportunities to maximise the use of the talents,
skills and experiences of all employees in the workplace.
Recruitment and Workforce Information
The Department continues to refine its recruit processes, including updating guidelines and
information on its policies and practices in relation to staff recruitment, selection and staff
movements to assist staff to comply with the State Service Act 2000 and the associated directions and
instructions. During the past year the main change has been an increase in the requirements for
disclosing and reporting on strategies for managing potential conflicts of interest as well as targeted
training for staff in recruitment and selection processes.
Informed and structured vacancy management remain a key feature of our overarching recruitment
and selection process, with consideration given to the range of potential strategies available to
manage vacant positions. These reflect the Departments budget management strategy and are
undertaken in accordance with the State Service vacancy control process.
During the past year there has also been in increasing emphasis on developing additional capacity to
report on data relating to Human Resource related metrics to departmental supervisors and
managers. It is recognised that this data is a key element in supporting managers in decision making
and workforce planning for both the Department and the Tasmanian State Service as a whole. To
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101
further progress this HR function the Branch is exploring options for the creation of a data
warehouse.
Workplace Relations
The Department has continued the efforts of recent years to be actively involved in the further
development of internal technical knowledge and capacity on industrial matters to provide support
to staff and managers. This has also been assisted with the creation and appointment of a Human
Resources Manager within the Tasmania Prison Service and the Branch is working closely with them
on a range of workplace relations matters. The ongoing implementation of the Correctional Officers
Agreement 2013 has been a key focus for staff working in the Workplace Relations area.
Strategic Systems Branch
The Strategic Systems Branch provides the following services to the Department of Justice:

advice on the management of projects requiring changes in business process, interaction with
other agencies, and information systems;

project management and business analysis services to projects undertaken by the
Department;

data and statistical reporting and analysis; and

management of the Department’s core inter-department and Department business systems,
including the Department’s websites.
The Branch assists the Department in ensuring that the investment in business system projects meets
strategic objectives and delivers value for money.
During the past year, we managed the following core business information systems:

Fines and Infringement Notices Database (FIND) on behalf of the Monetary Penalties
Enforcement Service and Police Traffic Liaison Services;

Civil Registry Management System(CRMS) on behalf of the Supreme Court, Magistrates
Court and Workers Rehabilitation and Compensation Tribunal;

Justice Offender Information Systems – Tasmania (JOIST) on behalf of Corrective Services,
Victims Assistance Service, DHHS Youth Justice and ACT Corrections and Youth Justice;

Criminal Registry Information and Enquiry System (CRIMES) on behalf of the Magistrates
Court;

Web Content Management System (MySource Matrix) on behalf of the agency;

Safe at Home Case management system (SIMS) on behalf of Safe at Home; and

complaints management system (Resolve) on behalf of the Office of the Anti-Discrimination
Commissioner.
During the year we were involved in the following significant projects:

the delivery of a case management system to support the Mental Health Tribunal in meeting
its responsibilities under the Mental Health Act 2013

the delivery of system to support the Checks for People Working with Children and
Vulnerable People initiative;

the procurement of a practice management system to replace the Open Practice System
used by Crown Law and the Director of Public Prosecutions.
Further information is available on the Department of Justice website.
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102
Information Technology Services Branch
The Information Technology Services Branch (ITS) provides a range of IT services including:

management and support of a state-wide computer network, corporate databases and
servers which supports the Department’s business systems and enables the Department to
provide services to the community,

provision of desktop, mobile and printer services to the Department’s staff
ITS undertakes a number of projects aimed at maintaining and enhancing the IT infrastructure used
by the Department. In the past year the major project was the migration of the majority of the
Department’s phone services from the legacy Tasinet system to a modern Voice over IP (VOIP)
service (ConnectV) as part of a whole of government initiative.,
In 2013-14 Strategic Systems and ITS were co-located in the Executive Building at 15 Murray Street,
Hobart as the first stage of a restructuring process aimed at tighter integration of the business
systems and ICT infrastructure services required by the Department.
Communications and Executive Support Branch
The Department’s Communication and Executive Support Branch was established during 2013-14,
bringing together the following functions:

ministerial liaison – ensure that the flow of information to and from Minister’s is timely,
accurate and complete.

communication – manage departmental communications, including media liaison and internal
communication, ensuring the public and staff are informed about the activities of the
Department.

online content management – assist the Department in managing its on-line content through
appropriate support services.

governance – provide support to the Agency Executive, Senior Managers forum and other
key governance elements including corporate/business planning and preparation of the
Department’s annual report.

records management – develop and implement records management policy, procedures and
systems across the Department and provide advice and support to staff in practical aspects of
records management.
Key achievements for the Branch during the reporting period included:

transition to a fully electronic process for managing Ministerial correspondence and
documentation

continued implementation of the Department’s records standardisation project

ongoing maintenance of the Department’s website and intranet, with a particular focus on
ensuring the design and content of websites meets accessibility requirements

working with several outputs to develop new websites or significantly redesign their existing
sites

coordination of the annual business planning process, including regular review of each
output’s progress against their plan
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103
9. Climate Change
The Department of Justice has developed a Carbon Emissions Reduction Plan, which identifies a
number of key initiatives to help reduce the Department’s greenhouse gas emissions and to assist the
Tasmanian Government in its climate change objectives. The Plan incorporates all areas and activities
of the Department of Justice where applicable. The Department has implemented the following
initiatives and activities to reduce its carbon emissions and use of resources.
Energy Use
The focus of this area is to reduce the amount of electricity the Department uses in terms of
kilowatt hours. To achieve this staff are encouraged to:

turn off lights overnight and during weekends;

turn off lights in the offices, conference rooms and interview rooms during the day when not
in use;

make the best use of natural light where possible;

use energy efficient light globes;

ensure that the cleaners turn off all the lights when they finish in the evening;

turn off office equipment, such as photocopiers, faxes, printers personal computers and
microwaves overnight and during weekends;

turn off personal computers (PCs) overnight and during weekends;

turn off hot water heaters overnight and during weekends;

ensure that lighting maintenance uses the latest energy efficient technology and phase out
inefficient light bulbs.

ensure air conditioning in all buildings is operating as efficiently and effectively as possible; and

install automatic timers on hot water boiling units, printers, heaters etc where possible to
ensure they are off at night and over the weekend.
Transport
The focus of this area is to reduce the amount of kilometres travelled by land and air by
Departmental staff and to use more fuel efficient means of travel to reduce the amount of emissions
resulting from these activities. To achieve this, the Department:
 ensures that all G-plated vehicles purchased are 4 cylinders (unless there is an operational
need for a 6 cylinder vehicle) and that the vehicles meet a minimum Australian Government
Green Vehicle Guide greenhouse rating of 5.5;
 ensures that all private-plated vehicles allocated to Senior Executive Staff and statutory office
holders, meet a minimum Australian Government Green Vehicle Guide greenhouse rating of
5.5;
 encourages staff to car pool wherever possible;
 minimises all unnecessary use of vehicles, in particular for personal use through home garaging;
 only travels interstate or overseas if necessary; and
 encourages staff to make use of any available teleconferencing or videoconferencing
technology to reduce the amount of travel between offices, especially regional offices.
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104
Minimise Waste
The focus of this area is for efficient use of the Department’s paper resources and to reduce overall
waste produced. To achieve this Department:
 minimises paper usage by:
o
reducing the number of emails and draft documents that are printed;
o
printing double sided on all printers that can undertake duplex printing;
o
sending documents (meeting papers, report drafts, etc) via e-mail and other
electronic sources; and
o
collecting and reusing paper that is already printed on one side to print drafts.
 minimises water use by:
o
using half-flush options on dual flush toilets;
o
ensuring taps are not left running; and
o
ensuring leaking taps, toilet urinals and other plumbing issues are fixed as soon as
practicable.
 has recycling boxes in our workspaces, especially for newspapers;
 has recycling bins in kitchen areas for plastic bottles, glass containers, cans and other approved
recyclable items;
 replaces disposable items, such as plastic and polystyrene cups and wooden stirrers with
glasses, mugs and other crockery items and cutlery;
 will continue to implement electronic pay advice distribution;
 encourages cleaners and cleaning contractors to use environmentally friendly products; and
 recycles where practical all items no longer required by the Department as per the
Department’s Disposal Policy.
Procurement
The focus of this area is to ensure that the Department purchases energy efficient and
environmentally friendly products. To achieve this, the Department:
 purchases the highest percentage recycled paper possible within budgetary constraints;
 ensures that any equipment purchased is energy efficient. Where possible, products with a
minimum 4 star energy/water efficiency rating are purchased;
 actively manages all lease renegotiations to ensure they are consistent with the national
‘Greenleases’ principles to improve the environmental performance of our buildings;
 ensures all new building works undertaken meet the maximum Green Star Standard
practicable within budgetary constraints;
 complies with Treasurer’s Instruction 1121 – Climate Change and Environmental Impact:
goods and services, and Treasurer’s Instruction 1227 – Climate Change and Environmental
Impact: building and construction, by:
o
ensuring the impact on climate change is taken in to consideration for all minor
purchases of relevant goods and services;
o
not purchasing any goods known to involve the use of ozone depleting substances;
and
Department of Justice Annual Report 2013 -14
105
o
considering the total impact of greenhouse gas emissions, waste and water efficiency
and quality from the life-cycle from the construction, use and disposal of all goods
purchased.
Education and Awareness
The focus of this area is to ensure that as many staff as possible are involved in reducing the
Department’s carbon footprint. To achieve this, the Department:
 communicates the Carbon Emissions Reduction Plan to existing staff, and includes it in
induction programs for new staff;
 uses its internal newsletter to advertise new ways to reduce our carbon footprint;
 ensures that cleaning staff/contractors are aware of the requirements within the Plan.
Report on Activities for 2013-14
Greenhouse Gas Emissions
The table below charts the Department’s greenhouse gas emissions over the last three years.
Table 8.1: Total Greenhouse Gas Emissions for 2013-14
2011-12
2012-13
2013-14
Energy (Stationary Sources)
Electricity
kWh
11,806,315
10,956,597
10,763,848
LPG (non-vehicles)
litres
20,592
21,222
44,713
Petrol Vehicles
litres
183,594
173,865
165,917
Diesel Vehicles
litres
159,532
135,792
150,168
LPG (vehicles)
Air Travel
litres
kms
1,581
0
0
511,746
579,387
496,997
Unleaded
litres
3,747
5,295
4,726
Diesel
litres
176,381
159,809
167,419
Total Energy Usage
GJ
62,447
57,528
57,148
Total CO2 Emissions
tonnes
5,548
5,133
5,131
Energy (Transport)
Other Fuel Usage
The Department’s total CO2 emissions for 2013-14 were made up of 72.3% from Stationary Sources
(72.9% in 2012-13), 18.0% from Transport (17.8% in 2012-13) and 9.7% from Other Fuel Usage (9.2%
in 2012-13). The increase in CO2 emissions from Stationary Sources is occurring despite the
decrease in actual usage due to annual changes in the National Greenhouse Accounts Factors.
The Department uses the National Greenhouse Accounts Factors, determined by the Department of
Environment to determine its annual estimated CO2 emissions. These factors are revised and
recalculated each year. Further details of how these factors are calculated are available at the
Department of Environment website.
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106
10.
Police Powers (Public Safety)
The Police Powers (Public Safety) Act 2005 came into force on 14 December 2005 to authorise police
officers to stop and search persons and vehicles, to question persons and to seize things for the
purposes of public safety and for related matters.
Under section 31 of the Act, the Attorney-General is required to report annually to Parliament on
any powers exercised under the Act. No powers were exercised under the Act in the 2013-14
reporting year.
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107
11. Right to Information
Section 23 of the Right to Information Act 2009 requires the Principal Officer of the Department to
report on:
 the information published as required or routine disclosure;
 the number of applications for assessed disclosure made to the Department during the year;
 the number of applications refused and the provision which applied
 the number of applications where all or part of the information was exempt; and
 the number of internal reviews.
In 2013-14 The Department of Justice received 37 Right to Information requests. The outcome of
each of these requests is detailed below.
Table 10.1: Outcome of Right to Information Requests
Outcome
Number
Active Disclosure
3
Exempt in Full
5
No information
2
Otherwise available
2
Release in Full
12
Release in Part
8
S19 Refusal
1
Transferred in Full
4
Total
37
Information on routine disclosures made during the year is published on the Department of Justice
website.
Further information on applications for assessed disclosure is provided through the whole-ofgovernment report required by section 53 of the Act.
The details of required disclosures are outlined in Chapter 18 of this report.
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108
12. Public Interest Disclosures
Section 86 of the Public Interest Disclosures Act 2002 requires the Department to report on its
activities in relation to the Act.
Copies of the procedures established by the Department in relation to the Act are available to staff
on the Department’s intranet site. Members of the public can access these procedures by visiting the
Department of Justice website.
During 2012-13 no public interest disclosures were made to the principal officer.
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109
13. Legislation Administered by the Department
The following is a complete list of the legislation administered by the Department at June 30 2014
Attorney-General and Minister for Justice
Access to Neighbouring Land Act 1992
Acts Enumeration Act 1947
Acts Interpretation Act 1931
Administration and Probate Act 1935
Admission to Courts Act 1916
Age of Majority Act 1973
Aliens Act 1913
Alternative Dispute Resolution Act 2001
Annulled Convictions Act 2003
Anti-Discrimination Act 1998
Appeal Costs Fund Act 1968
Appointments Act 1876
Apportionment Act 1871
Associations Incorporation Act 1964
Australian Consumer Law (Tasmania) Act 2010
Bail Act 1994
Births, Deaths and Marriages Registration Act 1999
Boy Scouts Association Act 1954
Business Names (Commonwealth Powers) Act 2011
Business Names Registration (Transitional and Consequential Provisions) Act 2011
Civil Liability Act 2002
Civil Process Acts 1839, 1870 and 1985
Classification (Publications, Films and Computer Games) Enforcement Act 1995
Collections for Charities Act 2001
Commercial Arbitration Act 2011
Commissioner for Corporate Affairs Act 1980
Commissions of Inquiry Act 1995
Commonwealth Powers (De Facto Relationships) Act 2006
Commonwealth Powers (Family Law) Act 1987
Companies (Acquisition of Shares) (Application of Laws) Act 1981
Companies (Acquisition of Shares) (Tasmania) Code
Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981
Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code
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110
Companies and Securities Legislation (Miscellaneous Amendments) Act 1982
Companies (Application of Laws) Act 1982
Companies Auditors and Liquidators Disciplinary Board Act 1982
Companies (Tasmania) Code
Consumer Affairs Act 1988
Conveyancing Act 2004
Cooperatives Act 1999
Co-operative Schemes (Administrative Actions) Act 2001
Coroners Act 1995
Corporations (Administrative Actions) Act 2001
Corporations (Ancillary Provisions) Act 2001
Corporations (Commonwealth Powers) Act 2001
Corporations (Tasmania) Act 1990
except in so far as it relates to the superannuation entitlements of transferred members of
the Australian Securities Commission (see Department of Treasury and Finance under the
Treasurer)
Costs in Criminal Cases Act 1976
Council of Law Reporting Act 1990
Credit (Commonwealth Powers) Act 2009
Credit (Commonwealth Powers) (Transitional and Consequential Provisions) Act 2009
Crime (Confiscation of Profits) Act 1993
Crimes at Sea Act 1999
Criminal Code Act 1924
Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994
Criminal Investigation (Extra-Territorial Offences) Act 1987
Criminal Justice (Mental Impairment) Act 1999
Criminal Law (Detention and Interrogation) Act 1995
Criminal Law (Territorial Application) Act 1995
Criminal Procedure (Attendance of Witnesses) Act 1996
Crown Proceedings Act 1993
Crown Remedies Act 1891
Debtors Acts 1870 and 1888
Defamation Act 2005
Director of Public Prosecutions Act 1973
except in so far as it relates to the superannuation entitlements of the Director of Public
Prosecutions (see Department of Treasury and Finance under the Treasurer)
Disposal of Uncollected Goods Act 1968
Domicile Act 1980
Electoral Act 2004
Department of Justice Annual Report 2013 -14
111
Electronic Transactions Act 2000
Energy Ombudsman Act 1998
Evidence Act 2001
Evidence (Audio and Audio Visual Links) Act 1999
Evidence (Children and Special Witnesses) Act 2001
Evidence on Commission Act 2001
Factors Act 1891
Family Violence Act 2004
Fatal Accidents Act 1934
Federal Courts (State Jurisdiction) Act 1999
Financial Transaction Reports Act 1993
Flammable Clothing Act 1973
Forensic Procedures Act 2000
Futures Industry (Application of Laws) Act 1987
Futures Industry (Tasmania) Code
Girl Guides’ Association Act 1957
Guardianship and Administration Act 1995
Guardianship and Custody of Infants Act 1934
Guesdon Bequest (Administration) Act 1972
Health Complaints Act 1995
Health Practitioners Tribunal Act 2010
Integrity Commission Act 2009
Intestacy Act 2010
Judicial Review Act 2000
Juries Act 2003
Jurisdiction of Courts (Cross-Vesting) Act 1987
Justices Act 1959
Landlord and Tenant Act 1935
Law of Animals Act 1962
Legal Aid Commission Act 1990
Legal Profession Act 2007
Legislative Council Boundaries Expenses Act 1995
Legislative Council Electoral Boundaries Act 1995
Limitation Act 1974
Listening Devices Act 1991
Magistrates Court Act 1987
Magistrates Court (Administrative Appeals Division) Act 2001
Department of Justice Annual Report 2013 -14
112
Magistrates Court (Children’s Division) Act 1998
Magistrates Court (Civil Division) Act 1992
Married Women’s Property Act 1935
Mental Health Act 2013
Parts 2 and 3 of Chapter 3, and Schedules 3, 4 and 5 (otherwise see Department of Health and
Human Services under the Minister for Health)
Mercantile Law Act 1935
Minors Contracts Act 1988
Misuse of Drugs Act 2001
Monetary Penalties Enforcement Act 2005
Motor Vehicle Traders Act 2011
Notaries Public Act 1990
Oaths Act 2001
Offshore Waters Jurisdiction Act 1976
Ombudsman Act 1978
Partnership Act 1891
Penalty Units and Other Penalties Act 1987
Perpetuities and Accumulations Act 1992
Personal Information Protection Act 2004
Personal Property Securities (Commonwealth Powers) Act 2010
Personal Property Securities (National Uniform Legislation) Implementation Act 2011
Poisons Act 1971
in so far as it relates to the Poppy Advisory and Control Board (otherwise see Department of
Health and Human Services under the Minister for Health)
Police Powers (Assumed Identities) Act 2006
Police Powers (Controlled Operations) Act 2006
Police Powers (Public Safety) Act 2005
Police Powers (Surveillance Devices) Act 2006
Powers of Attorney Act 2000
in so far as it relates to the functions and powers of the Guardianship and Administration
Board in relation to enduring powers of attorney (otherwise see Department of Primary
Industries, Parks, Water and Environment under the Minister for Primary Industries and Water)
Prepaid Funerals Act 2004
Presumption of Survivorship Act 1921
Professional Standards Act 2005
Promissory Oaths Act 1869
Property Agents and Land Transactions Act 2005
Public Interest Disclosures Act 2002
Public Trustee Act 1930
Department of Justice Annual Report 2013 -14
113
Records of Offences (Access) Act 1981
Referendum Procedures Act 2004
Registration to Work with Vulnerable People Act 2013
Relationships Act 2003
Residential Tenancy Act 1997
Retirement Villages Act 2004
Right to Information Act 2009
Royal Society Act 1911
Rules Publication Act 1953
Sale of Goods Act 1896
Sale of Goods (Vienna Convention) Act 1987
Salvation Army (Tasmania) Property Trust Act 1930
Sea-Carriage Documents Act 1997
Search Warrants Act 1997
Second-hand Dealers and Pawnbrokers Act 1994
Security and Investigations Agents Act 2002
Securities Industry (Application of Laws) Act 1981
Securities Industry (Tasmania) Code
Senate Elections Act 1935
Sentencing Act 1997
Settled Land Acts 1884 and 1911
Sex Industry Offences Act 2005
Sheriff Act 1873
Solicitor-General Act 1983
except in so far as it relates to the superannuation entitlements of the Solicitor-General (see
Department of Treasury and Finance under the Treasurer)
Status of Children Act 1974
Statutory Authorities (Protection from Liability of Members) Act 1993
Supreme Court Acts 1856, 1887 and 1959
Supreme Court Civil Procedure Act 1932
Supreme Court (Judges’ Independence) Act 1857
Surrogacy Act 2012
Syme Trusts Act 1989
Tasmanian Government Officers’ Salaries Attachment Act 1927
Terrorism (Commonwealth Powers) Act 2002
Terrorism (Preventative Detention) Act 2005
Testator’s Family Maintenance Act 1912
Department of Justice Annual Report 2013 -14
114
Trades Unions Act 1889
Travel Agents Act 1987
Trustee Act 1898
Trustee Companies Act 1953
Unauthorized Documents Act 1986
Variation of Trusts Act 1994
Vexatious Proceedings Act 2011
Victims of Crime Assistance Act 1976
Victims of Crime Compensation Act 1994
Wills Act 2008
Witness (Identity Protection) Act 2006
Wrongs Act 1954
Youth Justice Act 1997
in so far as it relates to the establishment and operation of the Magistrates Court (Youth
Justice Division) (otherwise see Department of Health and Human Services under the Minister for
Human Services)
Minister for Corrections
Corrections Act 1997
International Transfer of Prisoners (Tasmania) Act 1997
Interstate Transfer (Community-based Sentences) Act 2009
Parole Orders (Transfer) Act 1983
Prisoners (Interstate Transfer) Act 1982
Prisoners (Removal of Civil Disabilities) Act 1991
Treasurer
Architects Act 1929
Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011
Building Act 2000
Building and Construction Industry Security of Payment Act 2009
Construction Industry (Long Service) Act 1997
Dangerous Goods (Road and Rail Transport) Act 2010
Electricity Industry Safety and Administration Act 1997
Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997
Explosives Act 2012
Gas Act 2000
Department of Justice Annual Report 2013 -14
115
in so far as it relates to provisions relating to the appointment, functions, powers and duties
of the Director of Gas Safety (otherwise see Department of State Growth under the Minister for
Energy)
Gas Pipelines Act 2000
in so far as it relates to provisions relating to the functions, powers and duties of the
Director of Gas Safety (otherwise see Department of State Growth under the Minister for Energy)
Housing Indemnity Act 1992
Industrial Relations Act 1984
Industrial Relations (Commonwealth Powers) Act 2009
Local Government (Building and Miscellaneous Provisions) Act 1993
except Part 3 (see Department of Justice under the Minister for Planning and Local
Government)
Long Service Leave Act 1976
Long Service Leave (Casual Wharf Employees) Act 1982
Long Service Leave (State Employees) Act 1994
Mines Work Health and Safety (Supplementary Requirements) Act 2012
Occupational Licensing Act 2005
Occupational Licensing National Law Act 2011
Security-Sensitive Dangerous Substances Act 2005
Shop Trading Hours Act 1984
Statutory Holidays Act 2000
Work Health and Safety Act 2012
Work Health and Safety (Transitional and Consequential Provisions) Act 2012
Workers’ (Occupational Diseases) Relief Fund Act 1954
Workers Rehabilitation and Compensation Act 1988
Minister for Planning and Local Government
Approvals (Deadlines) Act 1993
Land Use Planning and Approvals Act 1993
Local Government (Building and Miscellaneous Provisions) Act 1993
Part 3 (otherwise see Department of Justice under the Treasurer)
Local Government (Subdivision Approval Validation) Act 1995
Major Infrastructure Development Approvals Act 1999
Public Land (Administration and Forests) Act 1991
Part 2 (otherwise see Forestry Corporation under the Minister for Resources)
Resource Management and Planning Appeal Tribunal Act 1993
State Policies and Projects Act 1993
Part 4 and the making of regulations under section 46, in so far as those regulations relate to
Part 4 (otherwise see Department of Premier and Cabinet under the Premier)
Department of Justice Annual Report 2013 -14
116
Sullivans Cove Waterfront Authority (Repeal) Act 2011
Tasmanian Planning Commission Act 1997
Department of Justice Annual Report 2013 -14
117
14. Departmental Publications
In addition to the Annual Reports, which are made available through the Internet, the following
publications were made available by the Agency during 2013-14.
Publications
Building Standards and Occupational Licensing

CONNECTIONS magazine
o
Issue 8 December 2013
o
Issue 9 April 2014

Working with Children Registration – A guide to the 3 year phased in approach for child
related sectors (PDF, 12 pages)

Building Regulation News Updates

Building and Plumbing Regulation News Updates

Building Regulation Advisory Notes

Discussion Paper on the Regulation of Polytunnels, August 2013.

The Ministerial Code on Early Childhood Centres (revised in November 2013) (PDF, 12
pages)

Guidance on Disability Access to Premises (revised in August 2013) (PDF, 7 pages)
Magistrates Court

Hobart Specialised Youth Justice Court Pilot: Evaluation Report (PDF, 1.42 MB, 117 pages)

Magistrates Court Strategic Plan 2013-2018
Office of the Anti-Discrimination Commissioner

In Respect of Rights (monthly newsletter)
Office of the Secretary

Review of the Tasmanian Poppy Industry Regulation Report (DOC, 8 pages)
Tasmanian Electoral Commission

2014 House of Assembly Elections Candidate Guide Candidate guide (PDF, 382 kb, 40
pages)
WorkSafe Tasmania

Guidelines for authorised officers to make electrical infrastructure or electrical installations
safe

Use of tanks for storing drinking water (ID - GB355)

Are you building or renovating a home - A consumer guide

Transport industry ‘cheater extension bars’ are not to be used safety alert (ID - SA097)
Department of Justice Annual Report 2013 -14
118

Guide to the work health and safety act 2012 (ID - GB311)

Making housing construction sites secure against unauthorised public access (ID - GN051)

Guidance on Prevention of Falls in Housing Construction

Using timber for temporary guardrails (ID - GN052)

Placarding for storage of hazardous chemicals (ID - GB023)

Hazardous chemicals: Guide for service station operators (ID - GB338)

Safety management toolkit (ID - GB315)

WorkSafe Month 2013 Program of Events

Health and Safety Representative Guide v2.0 January 2014 (ID - GB371) (PDF, 884 kb, 38
pages)

Transporting fireworks by road (ID - GB339) March 2014 (PDF, 16 pages)

Professor Michael Quinlan, Third Audit of the Mine Safety Unit and Office of Chief Inspector of
Mines, WorkSafe Tasmania, April 2014 (PDF, 870 kb, 59 pages)

Guide to the Work Health and Safety Act 2012 (PDF, 1.3 MB, 48 pages)

WorkSafe Tasmania Strategic Plan 2013-2018 (PDF, 18 pages)

Workplace Issues Magazine (published quarterly) (ID - GB064)

Safe and Healthy: A guide to managing an ageing workforce (ID - GB312) (PDF, 849 kb, 28
pages)
Other Departmental Information
The Agency also publishes a number of facts sheets and other documents through the internet.
These are not listed below individually, but the website that provides access to these publications is
shown.
Anti-Discrimination Commissioner

Information sheets
Building Standards and Occupational Licensing

Information sheets and forms
Consumer Affairs and Fair Trading

Information sheets
Guardianship and Administration Board

Fact sheets

Policy documents
Legal Aid Commission

Information sheets

Legal Aid Commission guidelines for granting legal aid
Department of Justice Annual Report 2013 -14
119
Magistrates Court

Circulars

Information sheets

Practice Directions
Mental Health Tribunal

Fact sheets
Office of the Public Guardian

Information sheets
Parole Board

Decisions
Resource Management and Planning Appeal Tribunal

Information sheets

Reports of decisions are available from Austlii.
Safe at Home

Information Sheets
Supreme Court

Practice directions

Circulars

Decisions are available at from Austlii
Tasmanian Electoral Commission

Information, including results of previous elections
Tasmanian Industrial Commission

Public and private sector awards

Decisions
Tasmanian Planning Commission

Information sheets about Projects of State Significance, Projects of Regional Significance,
Public Land Use, Planning, State Policies and Water Management Plans

Planning Decisions

Planning Directives
Victims Support Services

Information sheets
Department of Justice Annual Report 2013 -14
120
WorkCover Tasmania

Publications and information sheets
Workers Rehabilitation and Compensation Tribunal

Information sheets
WorkSafe Tasmania

Safety alerts, fact sheets, guidance notes, publications. information sheets, determinations,
advisory notes, news updates and forms are published on the WorkSafe website.
Department of Justice Annual Report 2013 -14
121
15. Staffing Information
Table 15.1: Full Time Equivalent Employees as at 30 June 2014
Administration of Justice
272.89
Anti-Discrimination Commissioner
11.62
Births, Deaths and Marriages
6.00
Elections and Referendums
11.00
Legal Aid Commission of Tasmania
66.47
Library Services
2.62
Magistrates Court
74.37
Protective Jurisdictions
15.64
Guardianship Board
5.80
Mental Health Tribunal
6.57
Public Guardian
3.27
Resource Management Planning Appeal Tribunal
8.76
Support for Victims of Crime and Others
13.71
Supreme Court
51.20
Tasmanian Industrial Commission
4.00
Workers Rehab and Compensation Tribunal
7.50
Corrections, Enforcement and Consumer Protection
552.71
Building Standards and Occupational Lice
30.80
Community Corrections
87.90
Consumer Services
23.91
Enforcement of Monetary Penalties
20.08
Tasmania Prison Service
390.02
Legal Services
Crown Law
Strategic Legislation and Policy
32.81
23.61
9.20
Office of the Director of Public Prosecutions
Office of the Director of Public Prosecutions
56.01
56.01
Office of the Ombudsman
Office of the Ombudsman
18.60
18.60
Office of the Secretary
Corporate Support and Strategy
Department of Justice Annual Report 2013 -14
74.45
62.97
122
Executive Support and Communication
8.00
Finance
13.24
Human Resources
15.43
Information
26.30
Office of the Secretary
11.48
Office of the Secretary
11.48
Regulatory and Other Services
150.74
Supervision of Poppy and Hemp Crops
4.50
Tasmanian Planning Commission
30.01
WorkSafe Tasmania
116.23
Agency Total
1158.21
Note – due to a Departmental restructure that was implemented during the 2013-14 reporting period it is not possible to
compare staffing numbers by output to the same time last year. For comparative purposes, the Total Agency FTE as at 30
June 2013 was 1145.7.
Table 15.2: Comparison of all employees by gender and age
Age Group
15-19
20-24
25-29
30-34
35-39
40-44
45-49
50-54
55-59
60+
Grand Total
2013
2014
2013
2014
2013
2014
Female
1
13
66
89
86
112
80
70
58
61
636
Female
0
17
64
84
98
94
86
85
70
66
664
Male
1
8
39
48
49
90
77
126
75
82
595
Male
0
14
32
47
81
81
90
116
92
77
594
Total
2
21
105
137
135
202
157
196
133
141
1231
Total
0
31
96
131
175
176
176
201
162
143
1258
Note - Includes staff employed in the Office of the Ombudsman and the Office of the DPP but excludes statutory and
judicial office holders.
Department of Justice Annual Report 2013 -14
123
Table 15.3: Salary profile
DoJ Salary Group
Female
Male
Grand Total
0
0
25
221
99
140
56
72
14
19
8
2
7
1
0
664
0
6
26
81
80
205
57
54
31
20
7
1
12
4
10
594
0
6
51
302
179
345
113
126
45
39
15
3
19
5
10
1258
Below $29 999
$30 000-39 999
$40 000-49 999
$50 000-59 999
$60 000-69 999
$70 000-79 999
$80 000-89 999
$90 000-99 999
$100 000-109 999
$110 000-119 999
$120 000-129 999
$130 000-139 999
$140 000-149 999
$150 000-199 999
Above $200 000
Grand Total
Note: This includes staff from the Office of the Ombudsman and the Office of the DPP but excludes statutory and judicial
office holders.
Table 23.4: Part time/Full time status
Full time
Part time
Total
Female
Male
Grand Total
424
240
664
553
41
594
997
281
1258
Note: This includes staff from the Office of the Ombudsman and Office of the DPP but excludes statutory and judicial
office holders.
Department of Justice Annual Report 2013 -14
124
16. Senior Officers of the Department at 30 June 2014
Table 16.1: Senior Officers
Office of the Secretary
Secretary
Simon Overland
Deputy Secretary (Administration of Justice)
Ginna Webster
Deputy Secretary (Director Corrective Services)
Robert Williams
General Manager Corporate Support and Strategy
Chris Batt
Corporate Services
Director Finance
Stephen Morrison
Director IT Services
Julie Fletcher
Acting Director Human Resources
Brett Charlton
Director Information
Jonathon Rees
Director Communications and Executive Support
Jennifer Lee
Manager Law Library
Alison Jekimovics
Administration of Justice
Registrar Supreme Court
Jim Connolly
Administrator of Courts Magistrates Court
Wayne Johnson
Registrar Births Deaths and Marriages
Ann Owen
Manager Victims Support Services
Martha Robson
Director Legal Aid Commission of Tasmania
Graham Hill
Acting Registrar Guardianship and Administration Board,
Jane Bliss
Registrar Mental Health Tribunal and Forensic Tribunal
Tom Saltmarsh
Public Guardian
Lisa Warner
Anti-Discrimination Commissioner
Robin Banks
Electoral Commissioner
Julian Type
Registrar Tasmanian Industrial Commission
Alan Mahoney
Registrar Workers Rehabilitation and Compensation Tribunal
Tania Gorringe
Registrar Resource Management and Planning Appeals Tribunal
Jarrod Bryan
Legal Services
Acting Solicitor General
Francis Neasey
Crown Solicitor
Alan Morgan
Manager Crown Law
Kerry Worsley
Director Strategic Legislation and Policy
Catherine Vickers
Corrections, Enforcement and Consumer Protection
Director of Prisons
Brian Edwards
Director Community Corrections
Pam Honan
Acting Director Monetary Penalties Enforcement Service
Katherine Drake
Acting Director Consumer Affairs and Fair Trading
Mark Cocker
Director and Administrator Building Standards and Occupational Licensing
Dale Webster
Regulatory and Other Services
General Manager WorkSafe Tasmania
Martin Shirley
Director Compliance WorkSafe Tasmania
Neale Buchanan
Executive Commissioner Tasmanian Planning Commission
Greg Alomes
Manager Poppy Advisory and Control Board
Vacant
State Architect
Vacant
Department of Justice Annual Report 2013 -14
125
17. Superannuation Certificate
I, Simon Overland, Secretary, Department of Justice, hereby certify that the Department of Justice
has met its obligations under the Commonwealth’s Superannuation Guarantee (Administration) Act
1992 in respect of those employees of the Department who are members of complying
superannuation schemes to which the Department contributes.
Simon Overland
SECRETARY
October 2014
Department of Justice Annual Report 2013 -14
126
18. Reporting Requirements
Legislative Reporting Requirements
This Report includes specific information required by statute, by the Auditor-General or by the
Treasurer’s Instructions.
In particular, the Report on the functions and exercise of powers of the Secretary, Department of
Justice required by the State Service Act 2000, section 36(1)(c), the State Service Regulations 2001,
regulation 9, and the Financial Management and Audit Act 1990, section 27(1), is contained within the
various sections of the Report.
A compliance index, which provides a guide to the other legislative requirements and the way in
which this Report deals with them, is included at the end of this section.
Reports of Statutory Officers
This Annual Report contains only a brief outline of the functions of independent statutory officers
who are subject to separate annual reporting requirements. Readers are referred to the Annual
Reports from these statutory officers for further information.
The following statutory office holders employed in the Agency do not report independently to
Parliament, and their reports are therefore required to be included in this Report (State Service Act
2000, Section 36(1)(c), State Service Regulations 2001, Regulation 9, Financial Management and Audit Act
1990, Section 27(1)):
 The Report of the Registrar of Births, Deaths and Marriages is included within Chapter 4.
 The Report of the Director of Corrective Services is included within Chapter 6.
 The Report of the Director of Consumer Affairs is included within Chapter 6.
 The Report of the Director, Monetary Penalties Service, required under section 121 of the
Monetary Penalties Enforcement Act 2005, is included within Chapter 6. This is only a short
report; a more detailed report can be found on the Monetary Penalties Service website.
Other Reporting Requirements
The Department has administrative responsibility for the Police Powers (Public Safety) Act 2005.
Section 31 requires the Attorney-General to report to parliament on any police activities conducted
under this Act. This report is at section 10.
Table 18.1: Legislative Reporting Requirements Index
REQUIREMENT
LEGISLATION
SECTION OF THIS REPORT
Overview of Strategic Plan
SSR s9(a(i)
Introduction (Chapter1)
Organisation Chart
SSR s9(a(ii)
Organisation of the Department
(Chapter 2)
Location of Services (Chapter 19)
Senior Officers (Chapter 16)
Organisational
structure
and SSR s9(a(iii)
program management structure
relationship
Department of Justice Annual Report 2013 -14
Output Structure and Organisational
Responsibility (Chapter 2)
127
REQUIREMENT
LEGISLATION
SECTION OF THIS REPORT
Major changes in programs, aims, SSR s9(a)(iv)
functions or organisational structure
Output Reports (Chapters 4 to 8)
Major initiatives to develop and give SSR s9(a)(v)
effect to Government policy
Output Reports (Chapters 4 to 8)
Recruitment policies and programs
Human Resources Issues (Chapter
8)
SSR s9(b)(i)
Officer and employee development SSR s9(b)(ii)
activities
Human Resource Issues (Chapter 8)
Workplace diversity programs
Workplace Diversity (Chapter 8)
SSR s9(b)iii)
Processes established to ensure SSR s9(b)(iv)
employee participation in industrial
relations matters and any disputes
affecting the Agency
Human Resource Issues (Chapter 8)
Internal grievance procedures
Human Resource Issues (Chapter 8)
Occupational
strategies
health
and
SSR s9(b)(v)
safety SSR s9(b)(vi)
Workplace Health and Safety
(Chapter 8)
Community awareness, services and SSR s9(c)(i)
publications
Output Reports, (Chapters 4 to 8)
Publications (Chapter 14)
Contact officers and points of public SSR s9(c)(ii)
access
Output Reports (Chapters 4 to 8)
Location of Services (Section 19)
Legislation
Agency
Legislation administered by the
Department (Chapter 19)
Contracts
awarded
administered
and
by
the SSR s9(d)
consultancies FMA s27(1)(c)
Financial Statements
Auditor-General’s
Report
Financial Statements
FMA s27(1)(c)
on FMA s27(1)(c)
Contracts and Consultancies
Awarded 2008-09 (Chapter 20)
Financial Statements (Chapter 22)
Auditor-General’s Report, Financial
Statements (Chapter 22)
Public Interest Disclosures
Public Interest Disclosures Act
2002 s86
Public Interest Disclosures (Chapter
12)
Right to Information
Right to Information Act 2009
S23
Right to Information (Chapter 11)
Superannuation contributions
Public Sector Superannuation
Reform Act 1999 s13
Superannuation Certificate (Chapter
17)
SSR State Service Regulations 2001
FMA - Financial Management and Audit Act 1990
Department of Justice Annual Report 2013 -14
128
19. Location of Services
The Department is accommodated at the following locations across the state.
Rented properties are marked with *.
Anti-Discrimination Commissioner
Level 1, 54 Victoria Street, Hobart*
Building Standards and Occupational Licensing
30 Gordons Hill Road Rosny*
Community Corrections
Directorate (Hobart)
Hobart office
Bridgewater office
Launceston office
Burnie office
Corner of Murray and Bathurst Street, Hobart*
27 Liverpool Street, Hobart
28 Greenpoint Road, Bridgewater*
111 Cameron Street, Launceston*
Level 4, 46 Mount Street, Burnie*
Consumer Affairs and Fair Trading
Level 3, 15 Murray Street, Hobart*
Corporate Services
Andrew Inglis Clark Library
D M Chambers Library
Finance Branch
Human Resources Branch
Information Services Branch
Lower Level, Supreme Court, Hobart
Level 8, 15 Murray Street, Hobart*
Level 14, 110 Collins Street, Hobart*
Level 14, 110 Collins Street, Hobart*
Level 4, 15 Murray St, Hobart*
Crown Law
Office of the Crown Solicitor
Office of the Director of Public Prosecutions
Hobart office
Launceston office
Burnie Office
Office of the Solicitor-General
Level 9, 15 Murray Street, Hobart*
Level 8, 15 Murray Street, Hobart*
112 Cameron Street, Launceston*
14 Alexander Street, Burnie*
Level 8, 15 Murray Street, Hobart*
Monetary Penalties Enforcement Service
Level 2, 54 Victoria Street Hobart*
Guardianship and Administration Board
Level 1, 54 Victoria Street, Hobart*
Legal Aid Commission of Tasmania
Hobart office
Launceston office
Burnie office
Devonport office
158 Liverpool Street Hobart*
64 Cameron Street Launceston*
50 Alexander Street, Burnie*
8 Griffith Street, Devonport
Magistrates Courts
Hobart registry
Launceston registry
Burnie registry
Devonport registry
23-25 Liverpool Street, Hobart
73 Charles Street, Launceston
38 Alexander Street, Burnie
8 Griffith Street, Devonport
Mental Health Tribunal
Level 4, 144 Macquarie Street, Hobart*
Office of the Secretary
Level 14, 110 Collins Street, Hobart*
Poppy Advisory and Control Board
Level 5, 46 Mount Street, Burnie*
Public Guardian, Office of the
Level 3, 15 Murray Street, Hobart*
Department of Justice Annual Report 2013 -14
129
Registry of Births, Deaths and Marriages
Level 3, 15 Murray Street, Hobart*
Resource Management Planning Appeal Tribunal
Level 1, 144 Macquarie Street, Hobart*
Strategic Legislation and Policy
Level 14, 110 Collins Street, Hobart*
Supreme Court
Hobart registry
Launceston registry
Burnie registry
Salamanca Place, Hobart
116 Cameron Street, Launceston
38 Alexander Street, Burnie
Tasmanian Electoral Commission
Level 2, 70 Collins Street, Hobart*
Tasmanian Forensic Tribunal
Level 1, 54 Victoria Street, Hobart*
Tasmanian Industrial Commission
Level 2, 144 Macquarie Street, Hobart*
Tasmanian Planning Commission
Hobart office
Launceston office
Level 3, 144 Macquarie Street, Hobart*
Level 2, 1 Civic Square, Launceston*
Tasmania Prison Service
Launceston Reception Prison
Hobart Reception Prison
Risdon Prison Complex
Mary Hutchinson Women's Prison
Ron Barwick Minimum Security Prison
Cimitiere Street, Launceston
27 Liverpool Street, Hobart
East Derwent Highway, Risdon Vale
East Derwent Highway, Risdon Vale
East Derwent Highway, Risdon Vale
Victims Support Services
Hobart office
Launceston office
Burnie office
Devonport office
Workers Rehabilitation and Compensation
Tribunal
Hobart office
Launceston office
WorkSafe Tasmania
Southern region and Head Office
Northern region
North-West region
WorkCover Tasmania
Department of Justice Annual Report 2013 -14
Level 1, 54 Victoria Street, Hobart*
Level 1, 1 Civic Square Launceston*
Level 5, 46 Mount Street, Burnie *
Magistrate Court, 8 Griffiths Street, Devonport
Level 7, 86 Collins Street, Hobart*
89 St Johns Street, Launceston*
30 Gordons Hill Road Rosny*
Level 3, 1 Civic Square Launceston*
Level 2, 46 Mount Street, Burnie*
30 Gordons Hill Road Rosny*
130
20. Contracts and Consultancies Awarded
The Department of Justice ensures procurement is undertaken in accordance with the mandatory
requirements of the Treasurer's Instructions (TI) relating to procurement, including enhancing
opportunities for Tasmanian businesses to compete for Agency business.
Table 20.1 provides a summary of the level of participation by local businesses for contracts, tenders
and/or quotations with a value of $50 000 or over (excluding GST).
Table 20.2 provides detailed information on contracts with a value of $50 000 or over (excluding
GST).
Table 20.3 provides a summary of contracts awarded as a result of an exemption to TI 1114 and
1107.
Table 20.4 provides a summary of contracts awarded as a result of an exemption to TI 1217.
Table 20.5 provides a summary of contract extensions approved in accordance with TI 1115(3).
Table 20.1
Summary of Participation by Local Business for 2013-14
(for contracts and tenders greater than $50,000)
Total number of contracts awarded
Total number of contracts awarded to Tasmanian businesses
Total value of contracts awarded
Total value of contracts awarded to Tasmanian businesses
Total number of tenders called and written quotation processes run
Total number of bids/written quotations received
Total number of bids/written quotations received from Tasmanian businesses
Table 20.2
18 contracts
11 contracts
$4,354,654
$3,116,418
18
62
41
Contracts with a value greater than $50,000 for 2013-14
Name of Contractor
Fusion 5 – Empower
Masterpay Pty Ltd
X Squared Architects
Location of
Contractor
Description of
Contract
Period of
Contract
Oct 13 to Oct 16
Mark Killworth Building
Solutions
Amaroo Electrical
Kent Town,
Electronic Roster
South Australia Solution
Hobart, TAS
Launceston Reception
Prison Safety Project
St Leonards,
Hobart Supreme Court
NSW
Courtroom 3 Video
Reference Installation
New Town,
Carpentry Services
TAS
Claremont, TAS Electrical Services
Spotless Facility Services
St Kilda, VIC
Sept 13 to Sep 14
Electroboard Solutions Pty
Ltd
St Leonards,
NSW
Electroboard Solutions Pty
Ltd
Cleaning Services –
WorkSafe Tasmania
Hobart Supreme Court
Courtroom 8 Audio
Visual Upgrade
Department of Justice Annual Report 2013 -14
Aug 13 to Nov 14
Total Value of
Contract
$97,987
$89,500
Aug 12
$46,295
Aug 13 to Aug 14
Aug 13 to Aug 14
$82,500
$88,400
$58,658
Nov 13
$80,164
131
Name of Contractor
Location of
Contractor
Marcom Watson
Mowbray, TAS
Mercury Walch
Moonah, TAS
Premium Constructions
Electroboard Solutions Pty
Ltd
Launceston,
TAS
St Leonards,
NSW
JAWS Architect
Hobart, TAS
Bentley House
Hobart, TAS
Electroboard Solutions Pty
Ltd
St Leonards,
NSW
Lexis Nexis
Chatswood,
NSW
Hobart, TAS
Ricoh Business Centre
Betta Milk Co-Operative
Society
Clemenger Tasmania
Table 20.3
Burnie, TAS
Hobart, TAS
Description of
Contract
Period of
Contract
Launceston Supreme
Court Courtroom 1
Audio Visual Upgrade
Ballot Papers for 2014
House of Assembly
Elections
Dec 13 to Feb 14
Launceston Reception
Prison Safety Project
Hobart Supreme Court
Courtroom 7 Audio
Visual Upgrade
Hobart Supreme Court
SIIRP Point Two
Workstation Installation
Trafalgar Centre
Hobart Supreme Court
Courtroom 1 Audio
Visual Installation
Crown Law Practice
Management System
Multifunction Devices
Jan 14 to July 14
Dec 13
$80,715
$55,164
$752,719
Feb 14
$74,953
Jan 14
Apr 14
Apr 14
May 14
Jun 14 to Jun 16
Provision of Milk,
May 14 to May 16
Tasmania Prison Service
Advertising Campaign for Jun 14 to Dec 14
Local Government
Elections
$66,900
$90,520
$86,962
$675,900
$1,000,000
$530,000
$280,000
Exemption from TI 1114
Name of
Contractor
Description of Contract
Period of
Contract
McGirr Information
Technology Pty Ltd
Major Training Services
CRMS Software Support
Sept 13 to Sept 16
Procurement Training Services
Oct 13 to Dec 13
Honeywell Australia Pty
Ltd
Australian Institute of
Forensic Psychology
(AIFP)
Internet Business
Systems Australia
Lexis Nexis
Security Management System (SMS)
Sept 13
AIFP to mark Psychological Tests – Tasmania
Prison Service
Sept 13
Online Magistrates Court Database
Oct 13
Legal Library Subscriptions
Oct 13 – Oct 14
McGirr Information
Technology Pty Ltd
Software Licensing, Software Development and Oct 13 – Jan 14
Modification services – Mental Health Tribunal
& Guardianship and Administration Board
Community Corrections LSCMI
Nov 13
Professor James Ogloff
Australian Electoral
Commission
Total Value of
Contract
$440,000
$45,000
$1,300,000
$25,000
General Election Services – House of Assembly Marc 14
Department of Justice Annual Report 2013 -14
Total Value of
Contract
$30,000
$202,466
$170,000
$12,976
$337,366
132
John Webber
Table 20.4
Name of
Contractor
Specialist Technical Engineering Consultant –
Mt Lyell Mine
Name of
Contractor
Ricoh Finance
$75,000
Exemption from TI 1217
Description of Contract
John Holland Fairbrother Risdon Prison Complex Security Unit Ceiling
– Joint Venture
Hardening Project
(Represented by
Fairbrother
Construction)
Table 20.5
Jan 14 – Mar 14
Period of
Contract
Total Value of
Contract
Mar 14 – Dec 14
$789,430
Contract Extensions Approved in Accordance with TI 1115
Description of Contract
Multifunction Devices Contract
Department of Justice Annual Report 2013 -14
Period of
Extension
Oct 13 – Nov 13
Total Value of
Contract ($)
$22,000
133
21. Debts, Loss and Damage
Debts written off
During 2013-14 the Department wrote off 821 debts totalling $376,203. The majority of these
related to the Monetary Penalty Enforcement Service.
Loss and Damage
The Department manages a diverse number of sites and resources throughout the State, and this
leaves the Department open to potential loss of, or damage to, these assets and facilities.
There is also the potential for general liability claims brought against the Department resulting from
its activities.
The following table summarises any claims lodged with the Tasmanian Risk Management Fund
(TRMF) for any losses and damage to public property which occurred during 2013-14.
Table 21.1
Summary of claims lodged with the TRMF in 2013-14
Category
Number of incidents
Estimated value
General property
0
0
General liability
0
0
Motor vehicle
11
$12,000
New workers compensation
64
$1,366,000
Personal accident
0
0
Transit
0
0
The Department is insured through the TRMF, which provides insurance for risk including workers
compensation, legal liability, property damage and motor vehicle cover.
Department of Justice Annual Report 2013 -14
134
22. Financial Statements
Statement of Certification
136
Statement of Comprehensive Income for the year ended 30 June 2014
1386
Statement of Financial Position as at 30 June 2014
140
Statement of Cash Flows for the year ended 30 June 2014
141
Statement of Changes in Equity for the year ended 30 June 2014
142
Notes to and forming part of the Financial Statements for the year ended 30 June 2014
143
Department of Justice Annual Report 2013 -14
135
Statement of Certification
The accompanying Financial Statements of the Department of Justice are in agreement with the relevant
accounts and records and have been prepared in compliance with Treasurer’s Instructions issued under the
provisions of the Financial Management and Audit Act 1990 to present fairly the financial transactions for the
year ended 30 June 2014 and the financial position as at the end of the year.
At the date of signing I am not aware of any circumstances which would render the particulars included in the
financial statements misleading or inaccurate.
Simon Overland
Secretary
Department of Justice
14 August 2014
Department of Justice Annual Report 2013 -14
136
Department of Justice Annual Report 2013 -14
137
Department of Justice Annual Report 2013 -14
138
Statement of Comprehensive Income for the year ended
30 June 2014
Continuing operations
Revenue and other income from transactions
Revenue from Government
Appropriation revenue – recurrent
Appropriation revenue - works and services
Other revenue from Government
Grants
Sales of goods and services
Fees and fines
Interest
Other revenue
Notes
2014
Budget
$’000
2014
2013
Actual Actual
$’000 $’000
2.9(a), 8.1
2.9(a), 8.1
2.9(a), 8.1
2.9(b), 8.2
2.9(c), 8.3
2.9(d), 8.4
2.9(e)
2.9(g), 8.5
129 157
16 370
6 039
3 854
9 804
1 020
4 829
132 132 124 722
8 456
1 563
2 137
677
6 671
6 396
2 849
2 872
9 190
8 726
882
986
5 854
4 796
Total revenue and other income from transactions
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Other expenses
171 073 168 171 150 738
2.10(a), 9.1
2.10(b), 9.2
9.3
2.10(c), 9.4
2.10(f), 9.5
Total expenses from transactions
Total other economic flows included in net result
96 941
5 404
32 414
12 621
11 197
93 108
5 651
30 787
12 711
11 636
161 749 158 577 153 893
Net result from transactions (net operating balance)
Other economic flows included in net result
Net gain/(loss) on non-financial assets
Net gain/(loss) on accounts receivable
95 025
5 085
33 902
12 670
15 067
2.11(a)(c), 10.1
2.11(b), 10.2
9 324
9 594 (3 155)
-
(405)
7
114
89
-
(398)
203
Net result
9 324
9 196 (2 952)
Comprehensive result
9 324
9 196 (2 952)
This Statement of Comprehensive Income should be read in conjunction with the accompanying
notes.
Budget information refers to original estimates and has not been subject to audit.
Explanations of material variances between budget and actual outcomes are provided in Note 5 of
the accompanying notes.
Department of Justice Annual Report 2013 -14
139
Statement of Financial Position as at 30 June 2014
2014
Budget
$’000
2014
Actual
$’000
2013
Actual
$’000
2.12(a), 15.1
2.12(b), 11.1
12 067
915
19 536
1 342
17 356
803
2.12(c), 11.2
2.12(d), 11.3
2.12(e), 11.4
2.12(f), 11.5
476
144 675
3 080
454
3 300
134 329
3 366
431
3 705
127 721
3 471
Notes
Assets
Financial assets
Cash and deposits
Receivables
Non-financial assets
Inventories
Assets held for sale
Property, plant and equipment
Intangibles
Total assets
Liabilities
Payables
Employee benefits
Other liabilities
161 213 162 327 153 487
2.13(a), 12.1
2.13(b), 12.2
2.13(e), 12.3
Total liabilities
Net assets
Equity
Reserves
Accumulated funds
Total equity
2 519
24 420
227
1 606
25 325
1 914
2 260
24 780
2 161
27 166
28 845
29 201
134 047 133 482 124 286
14
31 517
102 530
31 517
101 965
31 517
92 769
134 047 133 482 124 286
This Statement of Financial Position should be read in conjunction with the accompanying notes.
Budget information refers to original estimates and has not been subject to audit.
Explanations of material variances between budget and actual outcomes are provided in Note 5 of
the accompanying notes.
Department of Justice Annual Report 2013 -14
140
Statement of Cash Flows for the year ended 30 June 2014
Notes
Cash flows from operating activities
Cash inflows
Appropriation receipts – recurrent
Grants
Sales of goods and services
Fees and fines
GST receipts
Interest received
Other cash receipts
Total cash inflows
Cash outflows
Employee benefits
GST payments
Interest payments
Supplies and consumables
Grants and transfer payments
Other cash payments
Total cash outflows
Net cash from (used by) operating activities
2014
2014
2013
Budget
Actual
Actual
$’000
$’000
$’000
Inflows
Inflows
Inflows
(Outflows) (Outflows) (Outflows)
129 157
6 039
3 829
9 804
5 700
1 020
4 829
160 378
15.2
Cash flows from investing activities
Cash inflows
Receipts from non-operational capital funding – Works and
services
Proceeds from the disposal of non-financial assets
Total cash inflows
Cash outflows
Payments for acquisition of non-financial assets
Total cash outflows
Net cash from (used by) investing activities
Net increase (decrease) in cash held and cash
equivalents held
Cash and deposits at the beginning of the reporting
year
Cash and deposits at the end of the reporting year
15.1
132 132
6 861
2 881
9 183
5 453
882
5 479
162 871
124 723
6 206
3 112
8 771
4 870
986
4 793
153 461
(94 571) (96 419) (92 280)
(5 700)
(5 826)
(4 770)
(7)
(33 802) (32 911) (30 533)
(12 670) (12 621) (12 711)
(15 067) (11 268) (11 803)
(161 810) (159 045) (152 104)
(1 432)
3 826
1 357
16 370
10 370
3 700
16 370
10 370
174
3 874
(16 370)
(16 370)
-
(12 016)
(12 016
(1 646)
(3 529)
(3 529)
345
(1 432)
2 180
1 702
13 499
12 067
17 356
19 536
15 654
17 356
This Statement of Cash Flows should be read in conjunction with the accompanying notes.
Budget information refers to original estimates and has not been subject to audit.
Explanations of material variances between budget and actual outcomes are provided in Note 5 of
the accompanying notes.
Department of Justice Annual Report 2013 -14
141
Statement of Changes in Equity for the year ended 30 June 2014
Notes
Reserves Accumulat
ed Funds
$’000
$’000
Balance as at 1 July 2013
31 517
Total comprehensive result
-
Total
Balance as at 30 June 2014
31 517
Notes
31 517
Total comprehensive result
-
Total
Balance as at 30 June 2013
92 769 124 286
9 196
31 517
9 196
9 196
9 196
101 965 133 482
Reserves Accumulated
Funds
$’000
$’000
Balance as at 1 July 2012
Total
equity
$’000
Total
equity
$’000
95 721 127 238
(2 952)
(2 952)
(2 952) (2 952)
92 769 124 286
This Statement of Changes in Equity should be read in conjunction with the accompanying notes.
Department of Justice Annual Report 2013 -14
142
Notes to and forming part of the Financial Statements for the
year ended 30 June 2014
Note 1
Administered Financial Statements................................................................................................ 147
Note 2
Significant Accounting Policies ........................................................................................................ 151
2.1
Objectives and Funding .......................................................................................................... 151
2.2
Basis of Accounting ................................................................................................................ 152
2.3
Reporting Entity ..................................................................................................................... 152
2.4
Functional and Presentation Currency .................................................................................. 153
2.5
Changes in Accounting Policies ............................................................................................. 153
2.6
Administered Transactions and Balances .............................................................................. 154
2.7
Activities Undertaken Under a Trustee or Agency Relationship .......................................... 154
2.8
Transactions by the Government as Owner – Restructuring of Administrative Arrangements
154
2.9
Income from Transactions ..................................................................................................... 154
2.10 Expenses from Transactions .................................................................................................. 155
2.11 Other Economic Flows Included in Net Result ..................................................................... 157
2.12 Assets ..................................................................................................................................... 158
2.13 Liabilities................................................................................................................................. 160
2.14 Leases ..................................................................................................................................... 161
2.15 Judgements and Assumptions ................................................................................................ 161
2.16 Foreign Currency ................................................................................................................... 162
2.17 Comparative Figures .............................................................................................................. 162
2.18 Budget Information ................................................................................................................ 162
2.19 Rounding ................................................................................................................................ 162
2.20 Departmental Taxation .......................................................................................................... 162
2.21 Goods and Services Tax ........................................................................................................ 164
Note 3
3.1
Departmental Output Schedules ................................................................................................... 165
Output Group Information.................................................................................................... 165
3.2 Reconciliation of Total Output Groups Comprehensive Result to Statement of
Comprehensive Income .................................................................................................................. 178
3.3
Reconciliation of Total Output Groups Net Assets to Statement of Financial Position ...... 178
3.4
Administered Output Schedule ............................................................................................. 178
3.5 Reconciliation of Total Administered Output Groups Comprehensive Result to
Administered Statement of Changes in Equity ............................................................................... 186
Department of Justice Annual Report 2013 -14
143
3.6 Reconciliation of Total Administered Output Groups Net Assets to Schedule of
Administered Assets and Liabilities ................................................................................................ 186
Note 4
Expenditure under Australian Government Funding Arrangements .................................... 187
Note 5
Explanations of Material Variances between Budget and Actual Outcomes ....................... 188
5.1
Statement of Comprehensive Income ................................................................................... 188
5.2
Statement of Financial Position .............................................................................................. 189
5.3
Statement of Cash Flows ....................................................................................................... 189
Note 6
Events Occurring After Balance Date........................................................................................... 190
Note 7
Underlying net operating balance .................................................................................................. 190
Note 8
Income from transactions ................................................................................................................ 191
8.1
Revenue from Government ................................................................................................... 191
8.2
Grants .................................................................................................................................... 192
8.3
Sales of Goods and Services .................................................................................................. 192
8.4
Fees and Fines ........................................................................................................................ 193
8.5
Other Revenue ...................................................................................................................... 193
Note 9
Expenses from transactions ............................................................................................................ 194
9.1
Employee Benefits .................................................................................................................. 194
9.2
Depreciation and Amortisation ............................................................................................. 194
9.3
Supplies and Consumables ..................................................................................................... 195
9.4
Grants and Subsidies .............................................................................................................. 195
9.5
Other Expenses ..................................................................................................................... 196
Note 10 Other economic flows included in net result ............................................................................. 197
10.1 Net gain/(loss) on Non-financial Assets ................................................................................ 197
10.2 Net gain/(loss) on Accounts Receivable/Payable ................................................................... 197
Note 11 Assets ................................................................................................................................................... 198
11.1 Receivables ............................................................................................................................. 198
11.2 Inventories ............................................................................................................................. 198
11.3 Assets Held for Sale ............................................................................................................... 199
11.4 Property, Plant and Equipment .............................................................................................. 201
11.5 Intangibles .............................................................................................................................. 205
Note 12 Liabilities............................................................................................................................................... 206
12.1 Payables .................................................................................................................................. 206
12.2 Employee Benefits .................................................................................................................. 206
12.3 Other Liabilities ..................................................................................................................... 206
Department of Justice Annual Report 2013 -14
144
Note 13 Commitments and Contingencies ................................................................................................. 208
13.1 Schedule of Commitments .................................................................................................... 208
13.2 Contingent Assets and Liabilities ........................................................................................... 209
Note 14 Reserves ............................................................................................................................................... 210
Note 15 Cash Flow Reconciliation................................................................................................................. 211
15.1 Cash and Deposits ................................................................................................................. 211
15.2 Reconciliation of Net Result to Net Cash from Operating Activities .................................. 211
15.3 Acquittal of Capital Investment and Special Capital Investment Funds................................. 212
Note 16 Financial Instruments ........................................................................................................................ 213
16.1 Risk Exposures ....................................................................................................................... 213
16.2 Categories of Financial Assets and Liabilities ........................................................................ 216
16.3 Reclassifications of Financial Assets ....................................................................................... 217
16.4 Comparison between Carrying Amount and Net Fair Value of Financial Assets and Liabilities
217
Note 17 Notes to Administered Statements .............................................................................................. 218
17.1 Explanations of Material Variances between Budget and Actual Outcomes ........................ 218
17.2 Administered Sales of Goods and Services ........................................................................... 219
17.3 Administered Fees and Fines ................................................................................................. 219
17.4 Administered Other Revenue ............................................................................................... 219
17.5 Administered Employee Benefits ........................................................................................... 220
17.6 Administered Depreciation and amortisation ....................................................................... 220
17.7 Administered Supplies and Consumables .............................................................................. 221
17.8 Administered Grants and Subsidies ....................................................................................... 221
17.9 Administered Other Expenses .............................................................................................. 221
17.10 Gain/(loss) on Accounts Receivable ...................................................................................... 221
17.11 Administered Receivables ...................................................................................................... 222
17.12 Administered Property, plant and equipment ....................................................................... 223
17.13 Intangibles .............................................................................................................................. 224
17.14 Administered Payables ........................................................................................................... 224
17.15 Administered Employee Benefits ........................................................................................... 225
17.16 Administered Provisions ........................................................................................................ 225
17.17 Schedule of Administered Commitments.............................................................................. 228
17.18 Administered Cash and Deposits .......................................................................................... 229
Department of Justice Annual Report 2013 -14
145
17.19 Reconciliation of Administered Net Result to Net Cash from Administered Operating
Activities.......................................................................................................................................... 229
17.20 Financial Instruments (Administered) .................................................................................... 229
17.21 Categories of Administered Financial Assets and Liabilities.................................................. 233
17.22 Comparison between Carrying Amount and Net Fair Value of Administered Financial Assets
and Liabilities ................................................................................................................................... 233
Note 18 Transactions and Balances Relating to a Trustee or Agency Arrangement ........................ 234
Department of Justice Annual Report 2013 -14
146
Note 1
Administered Financial Statements
1.1
Schedule of Administered Income and Expenses
Notes
Administered revenue and other income from
transactions
Sales of goods and services
Fees and fines
Interest
Other revenue
2.9(c), 17.2
2.9(d), 17.3
2.9(e)
2.9(g), 17.4
Total administered revenue and other income from
transactions
Administered expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Transfers to the Consolidated Fund
Other expenses
2.10(a), 17.5
2.10(b), 17.6
17.7
2.10(c), 17.8
2.10(f), 17.9
Total administered expenses from transactions
Administered net result from transactions
attributable to the State
Administered other economic flows in administered
net result
Gain/(loss) on accounts receivable
(Increase)/decrease in Provision for Compensation Payable
Increase/(decrease) in future levies receivable
2.11(b), 17.10
17.16
17.11
2014
Budget
$’000
2014
Actual
$’000
2013
Actual
$’000
27
35 526
100
9 058
47
22 825
331
15 098
66
20 481
37
16 365
44 711
38 301
36 949
2 578
3 749
225
25 180
13 208
3 324
102
1 341
925
19 696
14 222
2 547
2
1 900
373
19 565
13 170
44 940
39 610
37 557
(229)
(1 309)
(608)
-
(2 688)
1 394
(2 275)
19 480
3 218 (20 624)
Total administered other economic flows included in
net result
Administered net result
-
(1 745)
250
(229)
(3 054)
(358)
Administered comprehensive result
(229)
(3 054)
(358)
This Schedule of Administered Income and Expenses should be read in conjunction with the
accompanying notes.
Budget information refers to original estimates and has not been subject to audit.
Explanations of material variances between budget and actual outcomes are provided in Note 17.1
of the accompanying notes.
Department of Justice Annual Report 2013 -14
147
1.2
Schedule of Administered Assets and Liabilities
Administered assets
Administered financial assets
Cash and deposits
Receivables
Administered non-financial assets
Property, plant and equipment
Intangibles
Notes
2014
Budget
$’000
2.12(a), 17.18
2.12(b), 17.11
2 518
8 097
8 222
185 290 163 538 164 183
2.12(e), 17.12
2.12(f), 17.13
Total administered assets
Administered liabilities
Payables
Employee benefits
Provisions
Other liabilities
Total administered liabilities
4
786
2014
Actual
$’000
904
2013
Actual
$’000
2
958
188 598 172 539 173 365
2.13(a), 17.14
2.13(b), 17.15
2.13(c), 17.16
2.13(e),
2 543
2 382
2 594
613
783
618
137 120 119 915 117 640
6
140 282 123 080 120 852
Administered net assets
48 316
49 459
52 513
Administered equity
Accumulated funds
48 316
49 459
52 513
Total administered equity
48 316
49 459
52 513
This Schedule of Administered Assets and Liabilities should be read in conjunction with the
accompanying notes.
Budget information refers to original estimates and has not been subject to audit.
Explanations of material variances between budget and actual outcomes are provided in Note 17.1
of the accompanying notes.
Department of Justice Annual Report 2013 -14
148
1.3
Schedule of Administered Cash Flows
Notes
Administered cash flows from operating activities
Administered cash inflows
Sales of goods and services
Fees and fines
Interest received
Other cash receipts
Total administered cash inflows
Administered cash outflows
Employee benefits
Grants and transfer payments
Transfers to the Consolidated Fund
Supplies and consumables
Other cash payments
Total administered cash outflows
Administered net cash from (used by) operating activities
2014
2014
2013
Budget
Actual
Actual
$’000
$’000
$’000
Inflows
Inflows
Inflows
(Outflows) (Outflows) (Outflows)
27
35 526
100
9 058
44 711
17.18
Administered cash flows from investing activities
Administered cash outflows
Payments for acquisition of non-financial assets
Total administered cash outflows
Administered net cash from (used by) investing activities
Net increase (decrease) in administered cash held
Administered cash and deposits at the beginning of the
reporting year
Administered cash and deposits at the end of the reporting
year
17.19
58
23 220
331
15 510
39 119
58
22 405
37
14 881
37 381
(2 572)
(3 174)
(2 518)
(225)
(867)
(403)
(25 180) (19 696) (19 565)
(3 746)
(1 414)
(1 856)
(13 207) (14 047) (13 055)
(44 930) (39 198) (37 397)
(219)
(79)
(16)
-
(46)
(46)
(46)
(172)
(172)
(172)
(219)
(125)
(188)
2 737
8 222
8 410
2 518
8 097
8 222
This Schedule of Administered Cash Flows should be read in conjunction with the accompanying
notes.
Budget information refers to original estimates and has not been subject to audit.
Explanations of material variances between budget and actual outcomes are provided in Note 17.1
of the accompanying notes.
Department of Justice Annual Report 2013 -14
149
1.4
Schedule of Administered Changes in Equity
Notes
Accumulated Total
surplus / equity
deficit
$’000 $’000
Balance as at 1 July 2013
52 513 52 513
Total comprehensive result
(3 054) (3 054)
Total
Balance as at 30 June 2014
(3 054) (3 054)
49 459 49 459
Notes
Balance as at 1 July 2012
Total comprehensive result
Total
Balance as at 30 June 2013
Accumulated Total
surplus / equity
deficit
$’000 $’000
52 871 52 871
(358)
(358)
(358) (358)
52 513 52 513
This Schedule of Administered Changes in Equity should be read in conjunction with the
accompanying notes.
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Note 2
2.1
Significant Accounting Policies
Objectives and Funding
The aim of the Department of Justice (the Department) is to achieve a fair, just and safe Tasmania.
Our purpose is to work with the community through:
 Providing an accessible system of Justice;

Protecting and respecting rights; and

Improving laws, influencing behaviour and enforcing responsibilities.
We hold the following values. Consistent with the State Service Code of Conduct, all Departmental
office holders and employees:
 Behave with integrity;

Respect others;

Are accountable for their actions and decisions;

Are co-operative, inclusive and open in their dealings; and

Act without personal bias, prejudice and improper motive.
The Department has a number of key functions to which it is committed, including:
1. Supporting our ministers by providing honest, comprehensive, accurate and timely advice;
2. Administering and developing courts, tribunals, statutory and regulatory bodies that
promote, protect and enforce laws;
3. Informing the community about laws, rights and responsibilities;
4. Undertaking law and policy development;
5. Supporting the community to achieve effective outcomes in the justice system;
6. Providing a sustainable, safe, secure, humane and effective corrections system; and
7. Ensuring all aspects of the Department's activities are conducted effectively, efficiently and
safely.
The Department provides administrative support for the Supreme and Magistrates Courts;
Tasmanian Industrial Commission; Legal Aid Commission of Tasmania; Tasmanian Electoral
Commission; Workers' Rehabilitation and Compensation Tribunal; WorkCover Tasmania Board;
Asbestos Compensation Commissioner; Forensic Tribunal, Guardianship and Administration Board;
Mental Health Tribunal; Parole Board of Tasmania; the Poppy Advisory and Control Board;
Resource Management and Planning Appeal Tribunal; and the Tasmanian Planning Commission. It
also supports the statutory offices of the Solicitor-General, Public Guardian and the
Anti-Discrimination Commissioner. Each of these areas is separately accountable to Parliament.
The Department comprises: Corrective Services; Crown Law; the Office of Consumer Affairs and
Fair Trading; the Registry of Births, Deaths and Marriages; WorkSafe Tasmania; Monetary Penalties
Enforcement Service; Victims Support Services; Legislation Development and Review; Corporate
Support and Strategy; Office of the Secretary; Industrial Relations (Private Sector); and the State
Architect.
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In managing these responsibilities the Secretary and other senior officers are supported by the
Division of Corporate Support and Strategy (including Financial Services, Human Resources,
Information Technology Services and Communications and Executive Support), and the Office of the
Secretary.
Departmental activities are classified as either controlled or administered.
Controlled activities involve the use of assets, liabilities, revenues and expenses controlled or
incurred by the Department in its own right. Administered activities involve the management or
oversight by the Department, on behalf of the Government, or items controlled or incurred by the
Government, as reported at Note 3.1 Output Group 91.
The Department is a Tasmanian Government not-for-profit entity that is predominantly funded
through Parliamentary appropriations. It also provides services on a fee for service basis, as outlined
in Notes 8.3, 8.4 and 8.5. The financial report encompasses all funds through which the Department
controls resources to carry on its functions.
2.2
Basis of Accounting
The Financial Statements are a general purpose financial report and have been prepared in
accordance with:
 Australian Accounting Standards (AAS) and Interpretations issued by the Australian
Accounting Standards Board (AASB); and

The Treasurer’s Instructions issued under the provisions of the Financial Management and
Audit Act 1990.
The Financial Statements were signed by the Secretary on 14 August 2014.
Compliance with the AAS may not result in compliance with International Financial Reporting
Standards (IFRS), as the AAS include requirements and options available to not-for-profit
organisations that are inconsistent with IFRS. The Department is considered to be not-for-profit
and has adopted some accounting policies under the AAS that do not comply with IFRS.
The Financial Statements have been prepared on an accrual basis and, except where stated, are in
accordance with the historical cost convention. The accounting policies are generally consistent
with the previous year except for those changes outlined in Note 2.5.
The Financial Statements have been prepared as a going concern. The continued existence of the
Department in its present form, undertaking its current activities, is dependent on Government
policy and on continuing appropriations by Parliament for the Department’s administration and
activities.
2.3
Reporting Entity
The Financial Statements include all the controlled activities of the Department. The Financial
Statements consolidate material transactions and balances of the Department and entities included in
its output groups. Material transactions and balances between the Department and such entities
have been eliminated.
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2.4
Functional and Presentation Currency
These Financial Statements are presented in Australian dollars, which is the Department’s functional
currency.
2.5
Changes in Accounting Policies
(a) Impact of new and revised Accounting Standards
In the current year, the Department has adopted all of the new and revised Standards and
Interpretations issued by the Australian Accounting Standards Board that are relevant to its
operations and effective for the current annual reporting period. These include:
 AASB 13 Fair Value Measurement (AASB 2011-8 Amendments to Australian Accounting
Standards arising from AASB 13) – This Standard defines fair value, sets out a framework for
measuring fair value and requires disclosures about fair value measurements. AASB 13 sets
out a new definition of ‘fair value’ as well as new principles to be applied when determining
the fair value of assets and liabilities. The new requirements will apply to all of the
Department’s assets and liabilities (excluding leases), that are measured and/or disclosed at
fair value or another measurement based on fair value.

The Department has reviewed its fair value methodologies (including instructions to valuers,
data used and assumptions made) for all items of property, plant and equipment measured at
fair value to ensure those methodologies comply with AASB 13. The fair valuation of all
Departmental assets was completed prior to these changes to AASB 13. As a result, there
is no financial impact as at 30 June 2014. All future revaluations will be performed in
accordance with the revised AASB 13.

AASB 13 requires increased disclosures in relation to fair value measurements for both
assets and liabilities. To the extent that any fair value measurement for an asset or liability
uses data that is not “observable” outside the department, the disclosures are significantly
greater.

AASB 2011-8 replaces the existing definition and fair value guidance in other Australian
Accounting Standards and Interpretations as a result of AASB 13.

AASB 119 Employee Benefits (2011-10 Amendments to Australian Accounting Standards arising
from AASB 119) – This Standard supersedes AASB 119 Employee Benefits, introducing a
number of changes to accounting treatments. The Standard was issued in September 2013.
There is no material financial impact.

2012-6 Amendments to Australian Accounting Standards – Mandatory Effective Date of
AASB 9 and Transition Disclosures [AASB 9, AASB 2009-11, AASB 2010-7, AASB 2011-7 &
AASB 2011-8] – This Standard makes amendments to various standards as a consequence of
the issuance of International Financial Reporting Standard Mandatory Effective Date and
Transition Disclosures (Amendments to IFRS 9 and IFRS 7) by the International Accounting
Standards Board in December 2011. There is no financial impact.
(b) Impact of new and revised Accounting Standards yet to be applied
The following applicable Standards have been issued by the AASB and are yet to be applied:
 AASB 9 Financial Instruments – This Standard supersedes AASB 139 Financial Instruments:
recognition and Measurement, introducing a number of changes to accounting treatments. The
Standard was reissued in December 2010. The Standard was issued in August 2011 and is
available from 1 January 2017 for application by not-for-profit entities. The application or
potential impact of the Standard has not yet been determined.
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2.6

AASB 2012-3 Amendments to Australian Accounting Standards – Offsetting Financial Assets and
Financial Liabilities [AASB 132] – This Standard adds application guidance to AASB 132 to
address inconsistencies identified in applying some of the offsetting criteria, including
clarifying the meaning of “currently has a legally enforceable right of set-off” and that some
gross settlement systems may be considered equivalent to net settlement. There will be no
financial impact.

AASB 2013-5 Amendments to Australian Accounting Standards arising from Annual
Improvements 2009-2011 Cycle [AASB 1, AASB 101, AASB 116, AASB 132 & AASB 134 and
Interpretation 2] – This Standard makes amendments to the Australian Accounting
Standards and Interpretations as a consequence of the annual improvements process. There
will be no financial impact.
Administered Transactions and Balances
The Department administers, but does not control, certain resources on behalf of the Government
as a whole. It is accountable for the transactions involving such administered resources, but does not
have the discretion to deploy resources for the achievement of the Department’s objectives.
Administered assets, liabilities, expenses and revenues are disclosed in Note 1 to the Financial
Statements. The policies set out in Note 2.9 onwards apply equally to administered transactions.
2.7
Activities Undertaken Under a Trustee or Agency Relationship
Transactions relating to activities undertaken by the Department in a trust or fiduciary (agency)
capacity do not form part of the Department’s activities. Trustee and agency arrangements, and
transactions/balances relating to those activities, are neither controlled nor administered.
Fees, commissions earned and expenses incurred in the course of rendering services as a trustee or
through an agency arrangement are recognised as controlled transactions.
2.8
Transactions by the Government as Owner – Restructuring of Administrative
Arrangements
Net assets received under a restructuring of administrative arrangements are designated as
contributions by owners and adjusted directly against equity. Net assets relinquished are designated
as distributions to owners. Net assets transferred are initially recognised at the amounts at which
they were recognised by the transferring agency immediately prior to the transfer.
2.9
Income from Transactions
Income is recognised in the Statement of Comprehensive Income when an increase in future
economic benefits related to an increase in an asset or a decrease of a liability has arisen that can be
measured reliably.
(a) Revenue from Government
Appropriations, whether recurrent or capital, are recognised as revenues in the period in which the
Department gains control of the appropriated funds. Except for any amounts identified as carried
forward in Note 8.1, control arises in the period of appropriation.
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(b) Grants
Grants payable by the Australian Government are recognised as revenue when the Department
gains control of the underlying assets. Where grants are reciprocal, revenue is recognised as
performance occurs under the grant.
Non-reciprocal grants are recognised as revenue when the grant is received or receivable.
Conditional grants may be reciprocal or non-reciprocal depending on the terms of the grant.
(c) Sales of goods and services
Amounts earned in exchange for the provision of goods are recognised when the significant risks
and rewards of ownership have been transferred to the buyer. Revenue from the provision of
services is recognised in proportion to the stage of completion of the transaction at the reporting
date. The stage of completion is assessed by reference to surveys of work performed.
(d) Fees and fines
Revenue from fees and fines is recognised when obligation to pay arises, pursuant to the issue of an
assessment.
Interest is charged on outstanding amounts and is brought to account, where possible, on an accrual
basis, otherwise as it is received. Receivables are assessed at balance date for impairment.
(e) Interest
Interest on funds invested is recognised as it accrues using the effective interest rate method.
(f) Contributions received
Services received free of charge by the Department, are recognised as income when a fair value can
be reliably determined and at the time the services would have been purchased if they had not been
donated. Use of those resources is recognised as an expense.
Contributions of assets at no cost of acquisition or for nominal consideration are recognised at their
fair value when the Department obtains control of the asset, it is probable that future economic
benefits comprising the contribution will flow to the Department and the amount can be measured
reliably. However, where the contribution received is from another government agency as a
consequence of restructuring of administrative arrangements, where they are recognised as
contributions by owners directly within equity. In these circumstances, book values from the
transferor agency have been used.
(g) Other revenue
Revenue from other sources is recognised when the Department gains control of the funds and it is
probable that the inflow of funds has occurred and can be reliably measured.
2.10
Expenses from Transactions
Expenses are recognised in the Statement of Comprehensive Income when a decrease in future
economic benefits related to a decrease in asset or an increase of a liability has arisen that can be
measured reliably.
(a) Employee benefits
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Employee benefits include, where applicable, entitlements to wages and salaries, annual leave, sick
leave, long service leave, superannuation and any other post-employment benefits.
(b) Depreciation and amortisation
All applicable Non-financial assets having a limited useful life are systematically depreciated over their
useful lives in a manner which reflects the consumption of their service potential. Land, being an
asset with an unlimited useful life, is not depreciated.
Depreciation is provided for on a straight line basis, using rates which are reviewed annually. Major
depreciation rates are as follows:
Plant, equipment and vehicles
1-20 per cent
Buildings and Structures
1-10 per cent
Prison Buildings and Structures
1-10 per cent
Buildings Other
2-20 per cent
Library
2-20 per cent
Building Improvements
4-10 per cent
All intangible assets having a limited useful life are systematically amortised over their useful lives
reflecting the pattern in which the asset’s future economic benefits are expected to be consumed by
the Department.
Major amortisation rates are:
Software
10 per cent
(c) Grants and subsidies
Grant and subsidies expenditure is recognised to the extent that:
 the services required to be performed by the grantee have been performed; or

the grant eligibility criteria have been satisfied.
A liability is recorded when the Department has a binding agreement to make the grants but services
have not been performed or criteria satisfied. Where grant monies are paid in advance of
performance or eligibility, a prepayment is recognised.
(d) Interest
All interest costs are expensed as incurred using the effective interest method.
Interest costs include:
 interest on bank overdrafts and short term and long term borrowings;

unwinding of discounting of provisions; and

interest on overdue accounts.
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(e) Contributions provided
Contributions provided free of charge by the Department, to another entity, are recognised as an
expense when fair value can be reliably determined.
(f) Other expenses
Expenses from operating activities are recognised when it is probable that the consumption or loss
of future economic benefits resulting in a reduction in assets or an increase in liabilities has occurred
and can be reliably measured.
2.11
Other Economic Flows Included in Net Result
Other economic flows measure the change in volume or value of assets or liabilities that do not
result from transactions.
(a) Gain/(loss) on sale of non-financial assets
Gains or losses from the sale of Non-financial assets are recognised when control of the assets has
passed to the buyer.
(b) Impairment – Financial assets
Financial assets are assessed at each reporting date to determine whether there is any objective
evidence that there are any financial assets that are impaired. A financial asset is considered to be
impaired if objective evidence indicates that one or more events have had a negative effect on the
estimated future cash flows of that asset.
An impairment loss, in respect of a financial asset measured at amortised cost, is calculated as the
difference between its carrying amount, and the present value of the estimated future cash flows
discounted at the original effective interest rate when it can be reliably measured.
All impairment losses are recognised in the Statement of Comprehensive Income and Schedule of
Administered Income and Expenses.
An impairment loss is reversed if the reversal can be related objectively to an event occurring after
the impairment loss was recognised. For financial assets measured at amortised cost, the reversal is
recognised in profit or loss.
For Administered Fines collection receivables, the Department maintains a provision for impairment
and a provision for expected remissions. Impaired Administered Fines collection receivables are
calculated as described above. As these fines are from time to time remitted by the issuing authority
on appeal, the Department has also calculated a provision for expected remissions. Changes in the
provision for expected remissions are recognised in the Schedule of Administered Income and
Expenses.
(c) Impairment – Non-financial assets
All non-financial assets are assessed to determine whether any impairment exists. Impairment exists
when the recoverable amount of an asset is less than its carrying amount. Recoverable amount is
the higher of fair value less costs to sell and value in use. The Department’s assets are not used for
the purpose of generating cash flows; therefore value in use is based on depreciated replacement
cost where the asset would be replaced if deprived of it.
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All impairment losses are recognised in Statement of Comprehensive Income and Statement of
Administered Income and Expenses.
In respect of other assets, impairment losses recognised in prior periods are assessed at each
reporting date for any indications that the loss has decreased or no longer exists. An impairment
loss is reversed if there has been a change in the estimates used to determine the recoverable
amount. An impairment loss is reversed only to the extent that the asset’s carrying amount does not
exceed the carrying amount that would have been determined, net of depreciation or amortisation,
if no impairment loss had been recognised.
(d) Other gains/(losses) from other economic flows
Other gains/(losses) from other economic flows includes gains or losses from reclassifications of
amounts from reserves and/or accumulated surplus to net result, and from the revaluation of the
present values of the long service leave liability due to changes in the bond interest rate.
2.12
Assets
Assets are recognised in the Statement of Financial Position when it is probable that the future
economic benefits will flow to the Department and the asset has a cost or value that can be
measured reliably.
(a) Cash and deposits
Cash means notes, coins, any deposits held at call with a bank or financial institution, as well as funds
held in the Special Deposits and Trust Fund, being short term of three months or less and highly
liquid. Deposits are recognised at amortised cost, being their face value.
(b) Receivables
Receivables are recognised at amortised cost, less any impairment losses, however, due to the short
settlement period, receivables are not discounted back to their present value.
For Administered Fines collection receivables and Asbestos Compensation levies receivable, due to
the long settlement periods, the Department discounts these receivables back to their present value
along with the associated provisions for impairment and expected remissions.
(c) Inventories
Inventories held for distribution are valued at cost adjusted, when applicable, for any loss of service
potential. Inventories acquired for no cost or nominal consideration are valued at current
replacement cost.
Inventories are measured using standard cost principles with each item being given a unit value based
on average recent costs.
(d) Assets held for sale
Assets held for sale (or disposal groups comprising assets and liabilities) that are expected to be
recovered primarily through sale rather than continuing use are classified as held for sale.
Immediately before classification as held for sale, the assets (or components of a disposal group) are
remeasured in accordance with the Department’s accounting policies. Thereafter the assets (or
disposal group) are measured at the lower of carrying amount and fair value less costs to sell.
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On 23 June 2011 the Minister for Corrections and Consumer Protection announced that the Hayes
Prison Farm will be sold. All staff and prisoners have been transferred to the Risdon Prison and the
Hayes Prison Farm is no longer operational. The Hayes Prison Farm and associated assets are
currently on the market for sale and have all been classified as Assets Held for Sale.
(e) Property, plant and equipment
(i) Valuation basis
Land, buildings and other long-lived assets are recorded at fair value less accumulated depreciation.
All other Non-current physical assets, including work in progress, are recorded at historic cost less
accumulated depreciation and accumulated impairment losses. All assets within a class of assets are
measured on the same basis.
The Department’s land and buildings and library assets were revalued as at 31 March 2012 by
independent valuers Liquid Pacific Pty Ltd. The revaluation was undertaken in accordance with
relevant Valuation and Accounting Standards and is based on fair value.
Where possible, assets have been valued on the basis of market value with reference to observable
prices in an active market, using traditional methods such as sales comparison. However, due to the
nature of some of the Department’s assets, including prisons and court buildings, they are unlikely to
transact in the market for their existing use. Accordingly these assets have been valued on a
depreciated replacement cost basis. These valuations take in to account market prices for
construction costs, the economic life of the buildings, the condition of the buildings and any design
aspects which would alter their value.
Library assets are valued using the depreciated replacement cost method. Replacement costs are
derived from observable prices in an active market. In addition, the Department has a number of
library assets which are considered to have an intrinsic value. These assets have been valued from
observable prices in the antiquarian books and fine arts market, are classified as Heritage assets and
are not depreciated.
Cost includes expenditure that is directly attributable to the acquisition of the asset. The costs of
self-constructed assets includes the cost of materials and direct labour, any other costs directly
attributable to bringing the asset to a working condition for its intended use, and the costs of
dismantling and removing the items and restoring the site on which they are located. Purchased
software that is integral to the functionality of the related equipment is capitalised as part of that
equipment.
When parts of an item of property, plant and equipment have different useful lives, they are
accounted for as separate items (major components) of property, plant and equipment.
(ii) Subsequent costs
The cost of replacing part of an item of property, plant and equipment is recognised in the carrying
amount of the item if it is probable that the future economic benefits embodied within the part will
flow to the Department and its costs can be measured reliably. The carrying amount of the replaced
part is derecognised. The costs of day-to-day servicing of property, plant and equipment are
recognised in profit or loss as incurred.
(iii) Asset recognition threshold
The asset capitalisation thresholds adopted by the Department is $10,000 for equipment and
$50,000 for buildings, leasehold improvement and intangibles. Assets valued at less than these
thresholds are charged to the Statement of Comprehensive Income in the year of purchase (other
than where they form part of a group of similar items which are material in total).
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(iv) Revaluations
Assets are grouped on the basis of having a similar nature or function in the operations of the
Department.
The Department revalues all assets within each appropriate asset class with sufficient regularity to
ensure they reflect fair value at balance date.
(f) Intangibles
An intangible asset is recognised where:
 it is probable that an expected future benefit attributable to the asset will flow to the
Department; and

the cost of the asset can be reliably measured.
Intangible assets held by the Department are valued at fair value less any subsequent accumulated
amortisation and any subsequent accumulated impairment losses where an active market exists.
Where no active market exists, intangibles are valued at cost less any accumulated amortisation and
any accumulated impairment losses.
(g) Other assets
Other assets are recognised in the Statement of Financial Position when it is probable that the future
economic benefits will flow to the Department and the asset has a cost or value that can be
measured reliably.
2.13
Liabilities
Liabilities are recognised in the Statement of Financial Position when it is probable that an outflow of
resources embodying economic benefits will result from the settlement of a present obligation and
the amount at which the settlement will take place can be measured reliably.
(a) Payables
Payables, including goods received and services incurred but not yet invoiced, are recognised at
amortised cost, which due to the short settlement period, equates to face value, when the
Department becomes obliged to make future payments as a result of a purchase of assets or
services.
(b) Employee benefits
Liabilities for wages and salaries and annual leave are recognised when an employee becomes
entitled to receive a benefit. Those liabilities expected to be realised within 12 months are measured
as the amount expected to be paid. Other employee entitlements are measured as the present value
of the benefit at 30 June, where the impact of discounting is material, and at the amount expected to
be paid if discounting is not material.
A liability for long service leave is recognised, and is measured as the present value of expected
future payments to be made in respect of services provided by employees up to the reporting date.
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(c) Provisions
A provision arises if, as a result of a past event, the Department has a present legal or constructive
obligation that can be estimated reliably, and it is probable that an outflow of economic benefits will
be required to settle the obligation. Provisions are determined by discounting the expected future
cash flows at a rate that reflects current market assessments of the time value of money and the
risks specific to the liability. Any right to reimbursement relating to some or all of the provision is
recognised as an asset when it is virtually certain that the reimbursement will be received.
(d) Superannuation
(i)
Defined contribution plans
A defined contribution plan is a post-employment benefit plan under which an entity pays fixed
contributions into a separate entity and will have no legal or constructive obligation to pay further
amounts. Obligations for contributions to defined contribution plans are recognised as an expense
when they fall due.
(ii) Defined benefit plans
A defined benefit plan is a post-employment benefit plan other than a defined contribution plan.
The Department does not recognise a liability for the accruing superannuation benefits of
Departmental employees. This liability is held centrally and is recognised within the Finance-General
Division of the Department of Treasury and Finance.
(e) Other liabilities
Other liabilities are recognised in the Statement of Financial Position when it is probable that the
outflow of resources embodying economic benefits will result from the settlement of a present
obligation and the amount at which the settlement will take place can be measured reliably.
2.14
Leases
The Department has entered into a number of operating lease agreements for property, plant and
equipment, where the lessors effectively retain all the risks and benefits incidental to ownership of
the items leased. Equal instalments of lease payments are charged to the Statement of
Comprehensive Income over the lease term, as this is representative of the pattern of benefits to be
derived from the leased property.
The Department is prohibited by Treasurer’s Instruction 502 Leases from holding finance leases.
2.15
Judgements and Assumptions
In the application of Australian Accounting Standards, the Department is required to make
judgements, estimates and assumptions about carrying values of assets and liabilities that are not
readily apparent from other sources. The estimates and associated assumptions are based on
historical experience and various other factors that are believed to be reasonable under the
circumstances, the results of which form the basis of making the judgements. Actual results may
differ from these estimates.
The estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting
estimates are recognised in the period in which the estimate is revised if the revision affects only
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that period or in the period of the revision and future periods if the revision affects both current and
future periods.
Judgements made by the Department that have significant effects on the Financial Statements are
disclosed in the relevant notes to the Financial Statements. The only judgements to have a significant
effect on the Financial Statements made by the Department relate to:
 the impairment and remissions of administered fines receivable settled within 12 months and
settled in more than 12 months. Refer to Note 17.11 for details on administered fines
receivable;

the provision for claims payable by the Asbestos Compensation Commissioner settled
within 12 months and settled in more than 12 months. Refer to Note 17.16 for details on
administered provisions.

provisions for employee benefits as detailed in Note 2.13(b);

revaluations, which are detailed in Note 2.12(e); and

depreciation and amortisation rates are detailed in Note 2.10(b).
2.16
Foreign Currency
Transactions denominated in a foreign currency are converted at the exchange rate at the date of
the transaction. Foreign currency receivables and payables are translated at the exchange rates
current as at balance date.
2.17
Comparative Figures
Comparative figures have been adjusted to reflect any changes in accounting policy or the adoption
of new standards. Details of the impact of changes in accounting policy on comparative figures are at
Note 2.5.
Where amounts have been reclassified within the Financial Statements, the comparative statements
have been restated.
Restructures of Outputs within the Department (internal restructures) that do not affect the results
shown on the face of the Financial Statements are reflected in the comparatives in the Output
Schedule at Notes 3.1 and 3.4.
The comparatives for external administrative restructures are not reflected in the Financial
Statements.
2.18
Budget Information
Budget information refers to original estimates as disclosed in the 2013-14 Budget Papers and is not
subject to audit.
2.19
Rounding
All amounts in the Financial Statements have been rounded to the nearest thousand dollars, unless
otherwise stated. Where the result of expressing amounts to the nearest thousand dollars would
result in an amount of zero, the financial statement will contain a note expressing the amount to the
nearest whole dollar.
2.20
Departmental Taxation
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The Department is exempt from all forms of taxation except Fringe Benefits Tax and the Goods and
Services Tax.
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2.21
Goods and Services Tax
Revenue, expenses and assets are recognised net of the amount of Goods and Services Tax (GST),
except where the GST incurred is not recoverable from the Australian Taxation Office (ATO).
Receivables and payables are stated inclusive of GST. The net amount recoverable, or payable, to the
ATO is recognised as an asset or liability within the Statement of Financial Position.
In the Statement of Cash Flows, the GST component of cash flows arising from operating, investing
or financing activities which is recoverable from, or payable to, the ATO is, in accordance with the
Australian Accounting Standards, classified as operating cash flows.
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Note 3
3.1
Departmental Output Schedules
Output Group Information
Comparative information has not been restated for external administrative restructures.
Budget information refers to original estimates and has not been subject to audit.
Output Group 1 – Administration of Justice
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Revenue from Reserved By Law
Grants
Sales of goods and services
Fees and fines
Other revenue
29 899
10 897
6 039
177
1 880
923
31 156
9 431
6 179
158
1 635
1 556
29 425
9 057
6 152
115
1 774
1 039
Total revenue and other income from transactions
49 815
50 115
47 562
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Other expenses
23 987
1 577
8 559
12 197
5 623
24 295
1 909
8 972
12 184
3 899
22 121
1 835
8 005
12 023
4 281
Total expenses from transactions
51 943
51 259
48 265
Net result from transactions (net operating balance)
(2 128)
(1 144)
(703)
Other economic flows included in net result
Net gain/(loss) on accounts receivable
-
6
(9)
Total other economic flows included in net result
-
6
(9)
Net result
(2 128)
(1 138)
(712)
Comprehensive result
(2 128)
(1 138)
(712)
Expense by output
1.1 Supreme Court Services
1.2 Magisterial Court Services
1.3 Enforcement of Monetary Penalties
1.4 Support and Compensation for Victims of Crime and Others
1.5 Legal Aid
1.6 Protective Jurisdictions
10 635
14 523
5 410
6 966
11 925
2 484
12 229
14 182
4 518
5 842
11 881
2 607
10 557
14 171
4 206
5 642
11 771
1 918
Total
51 943
51 259
48 265
Department of Justice Annual Report 2013 -14
165
Net Assets
Total assets deployed for Administration of Justice
Total liabilities incurred for Administration of Justice
50 240
(5 975)
51 053
(5 705)
Net assets deployed for Administration of Justice
44 265
45 348
Department of Justice Annual Report 2013 -14
166
Output Group 2 – Legal Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Revenue from Reserved By Law
Sales of goods and services
3 688
565
-
3 809
500
165
3 326
472
127
Total revenue and other income from transactions
4 253
4 474
3 925
Other expenses
3 699
2
506
51
55
3 769
467
75
3 259
516
50
86
Total expenses from transactions
4 313
4 311
3 911
(60)
163
14
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Net result from transactions (net operating balance)
Other economic flows included in net result
Net gain/(loss) on accounts receivable
-
1
18
Total other economic flows included in net result
-
1
18
Net result
(60)
164
32
Comprehensive result
(60)
164
32
Expense by output
2.1 Crown Law
2.2 Legislation Development and Review
3 691
622
3 640
671
3 282
629
Total
4 313
4 311
3 911
1 396
(908)
1 316
(971)
488
345
Net Assets
Total assets deployed for Legal Services
Total liabilities incurred for Legal Services
Net assets deployed for Legal Services
Department of Justice Annual Report 2013 -14
167
Output Group 3 – Registration Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
979
274
120
20
1 011
6
246
46
51
1 085
296
45
37
1 393
1 360
1 463
701
1
547
341
624
2
423
2
297
719
2
598
1
353
Total expenses from transactions
1 590
1 348
1 673
Net result from transactions (net operating balance)
(197)
12
(210)
-
-
-
Net result
(197)
12
(210)
Comprehensive result
(197)
12
(210)
Expense by output
3.1 Births, Deaths and Marriages
1 590
1 348
1 673
Total
1 590
1 348
1 673
622
(202)
658
(238)
420
420
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Sales of goods and services
Fees and fines
Other revenue
Total revenue and other income from transactions
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Other expenses
Other economic flows included in net result
Net Assets
Total assets deployed for Registration Services
Total liabilities incurred for Registration Services
Net assets deployed for Registration Services
Department of Justice Annual Report 2013 -14
168
Output Group 4 – Review Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Sales of goods and services
Other revenue
1 425
156
1 399
143
1
143
1 227
1
101
Total revenue and other income from transactions
1 581
1 686
1 329
Other expenses
1 417
1
214
-
1 139
1
255
1
28
1 085
1
250
36
Total expenses from transactions
1 632
1 424
1 372
(51)
262
(43)
-
-
-
Net result
(51)
262
(43)
Comprehensive result
(51)
262
(43)
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Net result from transactions (net operating balance)
Other economic flows included in net result
Expense by output
4.1 Anti-Discrimination Commission
1 632
1 424
1 372
Total
1 632
1 424
1 372
477
(369)
241
(370)
108
(129)
Net Assets
Total assets deployed for Review Services
Total liabilities incurred for Review Services
Net assets deployed for Review Services
Department of Justice Annual Report 2013 -14
169
Output Group 5 – Electoral Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Revenue from Reserved By Law
Grants
Sales of goods and services
Fees and fines
Other revenue
796
3 454
1 200
1 176
3 757
8
2
54
395
826
1 148
2
4
299
Total revenue and other income from transactions
5 450
5 392
2 279
Other expenses
3 884
2
1 571
2
2 797
11
2 183
2
54
1 275
10
1 165
1
47
Total expenses from transactions
5 459
5 047
2 498
(9)
345
(219)
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Net result from transactions (net operating balance)
Other economic flows included in net result
Net gain/(loss) on non-financial assets
-
-
-
Total other economic flows included in net result
-
-
-
Net Result
(9)
345
(219)
Comprehensive result
(9)
345
(219)
Expense by output
5.1 Elections and Referendums
5 459
5 047
2 498
Total
5 459
5 047
2 498
630
(393)
239
(333)
237
(94)
Net Assets
Total assets deployed for Electoral Services
Total liabilities incurred for Electoral Services
Net assets deployed for Electoral Services
Department of Justice Annual Report 2013 -14
170
Output Group 6 – Corrective Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Sales of goods and services
Other revenue
56 132
3 398
817
59 443
301
2 254
1 160
57 010
243
2 310
1 020
Total revenue and other income from transactions
60 347
63 158
60 583
Other expenses
40 964
3 465
14 975
200
4 520
45 630
3 406
13 379
73
3 540
44 490
3 729
14 193
122
3 080
Total expenses from transactions
64 124
66 028
65 614
Net result from transactions (net operating balance)
(3 777)
(2 870) (5 031)
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Other economic flows included in net result
Net gain/(loss) on non-financial assets
-
(405)
114
Total other economic flows included in net result
-
(405)
114
Net Result
(3 777)
(3 275) (4 917)
Comprehensive result
(3 777)
(3 275) (4 917)
Expense by output
6.1 Prison Services
6.2 Community Corrective Services
55 265
8 859
57 055
8 973
57 522
8 092
Total
64 124
66 028
65 614
Net Assets
Total assets deployed for Corrective Services
Total liabilities incurred for Corrective Services
Net assets deployed for Corrective Services
Department of Justice Annual Report 2013 -14
86 484 87 465
(12 805) (12 947)
73 679
74 518
171
Output Group 7 – Other Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Fees and fines
Other revenue
29
664
-
1 019
1
50
31
3
Total revenue and other income from transactions
693
1 070
34
Other expenses
531
120
46
377
164
21
378
132
14
Total expenses from transactions
697
562
524
(4)
508
(490)
-
-
-
Net Result
(4)
508
(490)
Comprehensive result
(4)
508
(490)
Expense by output
7.1 Supervision of Poppy and Hemp Crops
697
562
524
Total
697
562
524
Net Assets
Total assets deployed for Other Services
Total liabilities incurred for Other Services
14
(84)
(498)
(97)
Net assets deployed for Other Services
(70)
(595)
Expenses from transactions
Employee benefits
Supplies and consumables
Net result from transactions (net operating balance)
Other economic flows included in net result
Department of Justice Annual Report 2013 -14
172
Output Group 8 – Consumer Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Sales of goods and services
Fees and fines
Interest
Other revenue
2 813
5
250
1 020
445
2 268
19
6
382
882
406
2 875
1
7
391
986
250
Total revenue and other income from transactions
4 533
3 963
4 510
Other expenses
2 578
5
1 224
15
711
2 164
20
1 260
29
227
2 461
20
1 189
11
244
Total expenses from transactions
4 533
3 700
3 925
Net result from transactions (net operating balance)
-
263
585
Other economic flows included in net result
-
-
-
Net Result
-
263
585
Comprehensive result
-
263
585
Expense by output
8.1 Fair, Safe and Equitable Market Place
4 533
3 700
3 925
Total
4 533
3 700
3 925
Net Assets
Total assets deployed for Consumer Services
Total liabilities incurred for Consumer Services
1 896
(824)
2 006
(842)
Net assets deployed for Consumer Services
1 072
1 164
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Department of Justice Annual Report 2013 -14
173
Output Group 9 – Industrial Relations Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Sales of goods and services
Other revenue
1 403
1 220
1 172
6
2
1 501
1 155
1
1 234
Total revenue and other income from transactions
2 623
2 681
2 390
Other expenses
1 627
17
665
315
1 715
13
765
2
67
1 554
11
560
1
71
Total expenses from transactions
2 624
2 562
2 197
(1)
119
193
-
-
-
Net result
(1)
119
193
Comprehensive result
(1)
119
193
Expense by output
9.1 Services of the Tasmanian Industrial Commission
9.2 Workers Rehabilitation and Compensation Tribunal Decisions
9.3 Industrial Relations Policy and Advocacy Services
1 285
1 164
175
1 083
1 479
-
853
1 292
52
Total
2 624
2 562
2 197
Net Assets
Total assets deployed for Industrial Relations Services
Total liabilities incurred for Industrial Relations Services
194
(597)
102
(615)
Net assets deployed for Industrial Relations Services
(403)
(513)
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Net result from transactions (net operating balance)
Other economic flows included in net result
Department of Justice Annual Report 2013 -14
174
Output Group 10 – Resource Planning
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Sales of goods and services
Fees and fines
Other revenue
6 122
100
-
5 972
3
1
10
136
5 874
1
123
Total revenue and other income from transactions
6 222
6 122
5 998
Other expenses
4 662
9
1 963
7
190
4 230
35
1 176
61
513
4 060
35
1 149
396
283
Total expenses from transactions
6 831
6 015
5 923
Net result from transactions (net operating balance)
(609)
107
75
Other economic flows included in net result
Net gain/(loss) on accounts receivable
-
-
80
Total other economic flows included in net result
-
-
80
Net result
(609)
107
155
Comprehensive result
(609)
107
155
Expense by output
10.1 State Architect
10.2 Tasmanian Planning Commission
10.3 Resources Management Planning Appeals Tribunal
5 523
1 308
4 690
1 325
4 657
1 266
Total
6 831
6 015
5 923
(200)
(1 025)
(220)
(1 085)
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Net Assets
Total assets deployed for Resource Planning
Total liabilities incurred for Resource Planning
Net assets deployed for Resource Planning
Department of Justice Annual Report 2013 -14
(1 225) (1 305)
175
Output Group 11 – Workplace Standards
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Revenue from appropriation
Grants
Sales of goods and services
Fees and fines
Other revenue
10 955
6 790
48
10 019
5
14
7 063
456
11 211
12
6 512
690
Total revenue and other income from transactions
17 793
17 557
18 425
Other expenses
10 975
6
3 558
200
3 264
10 199
7
3 335
267
2 466
11 706
8
2 977
106
3 134
Total expenses from transactions
18 003
16 274
17 931
(210)
1 283
494
Other economic flows included in net result
Net gain/(loss) on non-financial assets
-
-
-
Total other economic flows included in net result
-
-
-
Net result
(210)
1 283
494
Comprehensive result
(210)
1 283
494
Expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Net result from transactions (net operating balance)
Expense by output
11.1 Workplace Standards
18 003
16 274
17 931
Total
18 003
16 274
17 931
6 615
(3 698)
6 000
(3 820)
2 917
2 180
Net Assets
Total assets deployed for Workplace Standards
Total liabilities incurred for Workplace Standards
Net assets deployed for Workplace Standards
Department of Justice Annual Report 2013 -14
176
Output Group – Infrastructure Investment
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Continuing operations
Revenue and other income from transactions
Appropriation revenue – works and services
Other revenue from Government
16 370
-
8 456
2 137
1 563
677
Total revenue and other income from transactions
16 370
10 593
2 240
Other expenses
-
2
35
10
53
7
Total expenses from transactions
-
47
60
16 370
10 546
2 180
-
-
-
Net result
16 370
10 546
2 180
Comprehensive result
16 370
10 546
2 180
Expense by output
92.864 Prison Infrastructure Redevelopment
-
47
60
Total
-
47
60
Net Assets
Total assets deployed for Infrastructure Investment
Total liabilities incurred for Infrastructure Investment
13 959
(1 965)
5 125
(2 178)
Net assets deployed for Infrastructure Investment
11 994
2 947
Expenses from transactions
Employee benefits
Supplies and consumables
Net result from transactions (net operating balance)
Other economic flows included in net result
Infrastructure Investment includes the Capital Investment Program. Further details of specific
projects within this Program are included in Note 15.3 Acquittal of Capital Investment and Special
Capital Investment Funds.
Department of Justice Annual Report 2013 -14
177
Reconciliation of Total Output Groups Comprehensive Result to Statement of
Comprehensive Income
3.2
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Total comprehensive result of Output Groups
9 324
9 196 (2 952)
Comprehensive result
9 324
9 196 (2 952)
3.3
Reconciliation of Total Output Groups Net Assets to Statement of Financial
Position
2014
Actual
$'000
2013
Actual
$'000
Total net assets deployed for Output Groups
133 482 124 286
Net assets
133 482 124 286
3.4
Administered Output Schedule
Comparative information has not been restated for external administrative restructures.
Budget information refers to original estimates and has not been subject to audit.
Department of Justice Annual Report 2013 -14
178
Output Group 1 – Administration of Justice
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Administered revenue and other income from transactions
Sales of goods and services
Fees and fines
Other revenue
23 966
-
46
19 677
95
52
17 420
172
Total administered revenue and other income from transactions
23 966
19 818
17 644
Other expenses
21 466
2 500
16 616
3 640
16 501
2 937
Total administered expenses from transactions
23 966
20 256
19 438
Administered expenses from transactions
Transfers to the Consolidated Fund
Administered net result from transactions (net operating balance)
-
Administered other economic flows included in net result
Reversal of impairment of accounts receivable
-
(2 688)
1 394
Total administered other economic flows included in net result
-
(2 688)
1 394
Administered net result
-
(3 126)
(400)
Total administered comprehensive result
-
(3 126)
(400)
Administered expense by output
1.1 Supreme Court Services
1.2 Magisterial Court Services
1.3 Enforcement of Monetary Penalties
669
672
22 625
803
794
18 659
701
848
17 889
Total
23 966
20 256
19 438
Administered financial assets
Cash and deposits
Receivables
1 143
49 017
926
52 109
Total administered assets
50 160
53 035
904
656
Administered liabilities
Creditors and accruals
Total administered liabilities
(438) (1 794)
904
656
Total administered net assets
49 256
52 379
Administered Net Assets
Total administered assets deployed for Administration of Justice
Total administered liabilities incurred for Administration of Justice
50 160
(904)
53 035
(656)
Administered net assets deployed for Administration of Justice
49 256
52 379
Department of Justice Annual Report 2013 -14
179
Output Group 3 – Registration Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Administered revenue and other income from transactions
Fees and fines
Other revenue
2 205
30
2 000
24
2 009
29
Total administered revenue and other income from transactions
2 235
2 024
2 038
Administered expenses from transactions
Transfers to the Consolidated Fund
2 235
2 024
2 038
Total administered expenses from transactions
2 235
2 024
2 038
Administered net result from transactions (net operating balance)
-
-
-
Administered other economic flows included in net result
-
-
-
Total administered comprehensive result
-
-
-
Administered expense by output
3.1 Births, Deaths and Marriages
2 235
2 024
2 038
Total
2 235
2 024
2 038
Administered financial assets
Receivables
-
1
Total administered assets
-
1
Administered liabilities
-
-
Total administered net assets
-
-
Administered Net Assets
Total administered assets deployed for Registration Services
Total administered liabilities incurred for Registration Services
-
1
-
--
1
Administered net assets deployed for Registration Services
Department of Justice Annual Report 2013 -14
180
Output Group 5 – Electoral Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Administered revenue and other income from transactions
Fees and fines
50
89
35
Total administered revenue and other income from transactions
50
89
35
Administered expenses from transactions
Transfers to the Consolidated Fund
50
89
35
Total administered expenses from transactions
50
89
35
Administered net result from transactions (net operating balance)
-
-
-
Administered other economic flows included in net result
-
-
-
Total administered comprehensive result
-
-
-
Administered expense by output
5.1 Elections and Referendums
50
89
35
Total
50
89
35
Administered Net Assets
Total administered assets deployed for Electoral Services
Total administered liabilities incurred for Electoral Services
-
-
Administered net assets deployed for Electoral Services
-
-
Department of Justice Annual Report 2013 -14
181
Output Group 8 – Consumer Services
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Administered revenue and other income from transactions
Sales of goods and services
Fees and fines
Other revenue
7
625
10
1
259
-
1
265
-
Total administered revenue and other income from transactions
642
260
266
Administered expenses from transactions
Transfers to the Consolidated Fund
642
260
266
Total administered expenses from transactions
642
260
266
Administered net result from transactions (net operating balance)
-
-
-
Administered other economic flows included in net result
-
-
-
Total administered comprehensive result
-
-
-
Administered expense by output
8.1 Maintenance of a Fair, Safe and Equitable Market Place
642
260
266
Total
642
260
266
Administered financial assets
Cash and deposits
19
19
Total administered assets
19
19
-
-
Total administered net assets
19
19
Administered Net Assets
Total administered assets deployed for Consumer Services
Total administered liabilities incurred for Consumer Services
19
-
19
-
Administered net assets deployed for Consumer Services
19
19
Administered liabilities
Department of Justice Annual Report 2013 -14
182
Output Group 10 – Resource Planning
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Administered revenue and other income from transactions
Fees and fines
40
38
26
Total administered revenue and other income from transactions
40
38
26
Administered expenses from transactions
Transfers to the Consolidated Fund
40
38
26
Total administered expenses from transactions
40
38
26
Administered net result from transactions (net operating balance)
-
-
-
Administered other economic flows included in net result
-
-
-
Total administered comprehensive result
-
-
-
Administered expense by output
10.2 Tasmanian Planning Commission
10.3 Resources Management Planning Appeals Tribunal
20
20
18
20
13
13
Total
40
38
26
Administered Net Assets
Total administered assets deployed for Resource Planning
Total administered liabilities incurred for Resource Planning
-
-
-
Administered net assets deployed for Resource Planning
-
-
-
Department of Justice Annual Report 2013 -14
183
Output Group 11 – Workplace Standards
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Administered revenue and other income from transactions
Fees and fines
Other revenue
747
-
665
4
695
4
Total administered revenue and other income from transactions
747
669
699
Administered expenses from transactions
Transfers to the Consolidated Fund
747
669
699
Total administered expenses from transactions
747
669
699
Administered net result from transactions (net operating balance)
-
-
-
Administered other economic flows included in net result
-
-
-
Total administered comprehensive result
-
-
-
Administered expense by output
11.1 Workplace Standards
747
669
699
Total
747
669
699
Administered financial assets
Receivables
-
-
-
Total administered assets
-
-
-
Administered liabilities
-
-
-
Total administered net assets
-
-
-
Administered Net Assets
Total administered assets deployed for Workplace Standards
Total administered liabilities incurred for Workplace Standards
-
-
-
Administered net assets deployed for Workplace Standards
-
-
-
Department of Justice Annual Report 2013 -14
184
Output Group 91 – Administered Expenses
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
20
7 893
100
9 018
97
331
14 975
13
31
37
16 160
17 031
15 403
16 241
Other expenses
2 578
3 749
225
10 708
3 324
102
1 341
925
10 582
2 547
2
1 900
373
10 233
Total administered expenses from transactions
17 260
16 274
15 055
(229)
(871)
1 186
Administered revenue and other income from transactions
Sales of goods and services
Fees and fines
Interest
Other revenue
Total administered revenue and other income from transactions
Administered expenses from transactions
Employee benefits
Depreciation and amortisation
Supplies and consumables
Grants and subsidies
Administered net result from transactions (net operating balance)
Administered other economic flows included in net result
(Increase)/decrease in Provision for Compensation Payable
Increase/(decrease) in future levies receivable
Total administered other economic flows included in net result
-
(2 275) 19 480
3 218 (20 624)
-
943 (1 144)
Administered net result
(229)
72
42
Total administered comprehensive result
(229)
72
42
Administered expense by output
91.753 Bail Monies Magistrates Court
91.754 WorkCover Tasmania Board
91.755 Asbestos Compensation Fund
9 148
8 112
118
8 810
7 346
87
8 001
6 967
17 260
16 274
15 055
Total
Administered financial assets
Cash and deposits
Receivables
Administered non-financial assets
Property, plant and equipment
Intangibles
Total administered assets
Administered liabilities
Creditors and accruals
Employee Benefits
Provisions
Department of Justice Annual Report 2013 -14
6 935
7 277
114 521 112 073
904
2
958
122 360 120 310
1 478
1 938
783
618
119 915 117 640
185
Total administered liabilities
122 176 120 196
Total administered net assets
184
Administered Net Assets
Total administered assets deployed for Administered Payments
Total administered liabilities incurred for Administered Payments
114
122 360 120 310
(122 176) (120 196)
Administered net assets deployed for Administered Payments
184
114
Reconciliation of Total Administered Output Groups Comprehensive Result to
Administered Statement of Changes in Equity
3.5
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
Total administered net result of Output Groups
(229)
(3 054)
(608)
Net surplus (deficit)
(229)
(3 054)
(608)
3.6
Reconciliation of Total Administered Output Groups Net Assets to Schedule of
Administered Assets and Liabilities
2014
Actual
$'000
2013
Actual
$'000
Total administered net assets deployed for Output Groups
49 459
52 513
Administered net assets
49 459
52 513
Department of Justice Annual Report 2013 -14
186
Note 4
Expenditure under Australian Government Funding Arrangements
State
Funds
2014
Actual
$’000
Australian
Govt
Funds
2014
Actual
$’000
State
Funds
2013
Actual
$’000
Australian
Govt
Funds
2013
Actual
$’000
National Partnership Payments
Legal Aid Commission
5 885
6 009
5 819
5 936
National Healthcare Funding
Court Mandated Diversion Program
-
1 066
-
977
5 885
7 075
5 819
6 913
Total
Revenue from National Partnership Payments and National Healthcare Funding is received by the
Department via its annual appropriation. Expenditure to the Legal Aid Commission is made via
grants. See Note 9.4.
Department of Justice Annual Report 2013 -14
187
Note 5
Outcomes
Explanations of Material Variances between Budget and Actual
The following are brief explanations of material variances between Budget estimates and actual
outcomes. Variances are considered material where the variance exceeds 10 per cent of Budget
estimate and $1 million.
5.1
Statement of Comprehensive Income
Note
Budget
$’000
(a)
(b)
(c)
(d)
(e)
16 370
3 854
4 829
15 067
Appropriation revenue - works and services
Other revenue from Government
Sales of goods and services
Other revenue
Other expenses
Actual Variance Variance
$’000
$’000
%
8 456
2 137
2 849
5 854
11 197
(7 914)
2 137
(1 005)
1 025
(3 870)
(48)
>100
(26)
21
(26)
Notes to Statement of Comprehensive Income variances
(a)
This variance is primarily due to the timing of expenditure related to the construction works on the Prison
Infrastructure and Redevelopment Program Stage D project. The design and development work has been
completed and construction is in progress. All construction is expected to be completed by 31 December 2014.
These funds unspent to date will be utilised and expended during 2014-15.
(b)
This increase is a result of expenditure being delayed from 2012-13 into 2013-14 for the Prison Infrastructure and
Redevelopment Program Stage D and the corresponding revenue being carried forward from 2012-13 and
recognised in 2013-14 in accordance with section 8A(2) of the Public Account Act 1986.
(c)
This variance is a result of a decrease in produce sales from the Hayes Prison Farm as a result of its closure in 2012.
Budget figures have not yet been updated to reflect the closure of Hayes Prison Farm.
(d)
This variance is made up of a number revenue increases primarily relating to the Workers Rehabilitation and
Compensation Tribunal, recovery of Bushfire Inquiry costs, the Guardianship and Administration Board and
entering into Service Level Agreements to provide corporate services for the Tasmanian Audit Office and the
Macquarie Point Development Corporation.
(e)
This decrease is partly due to expenditure classifications between the 2013-14 budget being inconsistent with actual
expenditure, in addition to lower than anticipated award payments in regard to criminal injury compensation.
Department of Justice Annual Report 2013 -14
188
5.2
Statement of Financial Position
Cash and deposits
Assets held for sale
Other liabilities
Note
Budget
$’000
(a)
(b)
(c)
12 067
227
Actual Variance Variance
$’000
$’000
%
19 536
3 300
1 914
7 469
3 300
1 687
62
>100
>100
Notes to Statement of Financial Position variances
(a)
The increase is primarily due to the actual cash balance as at 30 June 2013 being higher than estimated in the 2012-13 Budget
and due to the carry forward of $1.9 million for the Prison Infrastructure Redevelopment Program Stage D not budgeted
for.
(b)
This variance is due to Hayes Prison Farm and associated assets being on the market for sale. The value of all Hayes related
assets held for sale have been transferred from Property, plant and equipment to Assets held for sale.
(c)
This variance is due to the carry forward of works and services appropriation of $1.9 million for the Prison Infrastructure
Redevelopment Program Stage D not budgeted for.
5.3
Statement of Cash Flows
Other cash payments
Receipts from non-operational capital funding –
Works and services
Payments for acquisition of non-financial assets
Note
Budget
$’000
Actual Variance Variance
$’000
$’000
%
(a)
(b)
15 067
16 370
11 268
10 370
(3 799)
(6 000)
(25)
(37)
(b)
16 370
12 016
(4 354)
(27)
Notes to Statement of Cash Flows variances
(a)
This decrease is partly due to expenditure classifications between the 2013-14 budget being inconsistent with actual
expenditure, in addition to lower than anticipated award payments in regard to criminal injury compensation.
(b)
These variances are due to minor delays in the timing of construction works on the Prison Infrastructure and
Redevelopment Program Stage D. These unspent funds will now be utilised and expended during 2014-15.
Department of Justice Annual Report 2013 -14
189
Note 6
Events Occurring After Balance Date
There have been no events subsequent to balance date which would have a material effect on the
Department’s Financial Statements as at 30 June 2014.
Note 7
Underlying net operating balance
Non-operational capital funding is the income from transactions relating to funding for capital
projects. This funding is classified as income from transactions and included in the net operating
balance. However, the corresponding capital expenditure is not included in the calculation of the net
operating balance. Accordingly, the net operating balance will portray a position that is better than
the true underlying financial result.
For this reason, the net operating result is adjusted to remove the effects of funding for capital
projects.
Notes
Net result from transactions (net operating balance)
2014
Budget
$’000
2014
2013
Actual Actual
$’000 $’000
9 324
9 196 (3 155)
Less impact of Non-operational capital funding
Revenue from Government – works and services
Other revenue from Government
2.9(a), 8.1
2.9(a), 8.1
16 370
-
8 456
2 137
1 563
677
Total
16 370
10 593
2 240
Underlying Net operating balance
(7 046)
(1 397) (5 395)
Department of Justice Annual Report 2013 -14
190
Note 8
8.1
Income from transactions
Revenue from Government
Revenue from Government includes revenue from appropriations, appropriations carried forward
under section 8A(2) of the Public Account Act 1986 and Items Reserved by Law.
The Budget information is based on original estimates and has not been subject to audit.
2014
Budget
$’000
2014
Actual
$’000
2013
Actual
$’000
Continuing operations
Appropriation revenue - recurrent
Current year
114 241 118 444 114 045
R008 Salary, Solicitor-General
565
500
472
R010 Salaries of Magistrates
5 633
5 574
5 239
R011 Salaries of Judges
3 304
3 222
2 967
R012 Salary and Travelling Allowance of Associate Judge of the Supreme
460
440
410
Court
R051 Expenses of Parliamentary Elections and Referendums
3 444
3 756
1 147
R072 Criminal Injuries Compensation Fund
1 500
195
441
R075 Expenses under the Legislative Council Elections
5
R077 Expenses of the Aboriginal Land Council of Tasmania
5
1
1
Total
129 157 132 132 124 722
Revenue from Government - other
Appropriation carried forward under section 8A(2) of the Public Account
2 137
677
Act 1986 taken up as revenue in the current year
Total
129 157 134 269 125 399
Non-operational capital funding
Appropriation revenue – works and services
Total
Total revenue from Government
16 370
16 370
8 456
8 456
1 563
1 563
145 527 142 725 126 962
Section 8A(2) of the Public Account Act 1986 allows for an unexpended balance of an appropriation to
be transferred to an Account in the Special Deposits and Trust Fund for such purposes and
conditions as approved by the Treasurer. In the initial year, the carry forward is recognised as a
liability, Revenue Received in Advance. The carry forward from the initial year is recognised as
revenue in the reporting year, assuming that the conditions of the carry forward are met and the
funds are expended.
Department of Justice Annual Report 2013 -14
191
8.2
Grants
Continuing operations
Grants from the Australian Government
Grants from State Government
Grants from non-government sources
Total
Non-operational capital funding
Structured Infrastructure Investment Review Process grants
Total
Total revenue from Grants
2014
$’000
2013
$’000
6 009
97
556
6 662
5 936
180
72
6 188
9
9
208
208
6 671
6 396
The grants received from the Australian Government include grants for the Legal Aid Commission.
The grants received from the State Government include grants for the Tasmania Prison Service
Bushfire Community Assistance Program, Fencing Crews ($65,000), the Criminal Justice Information
System ($32,000) and works associated with the Structured Infrastructure Investment Review
Process ($9,000).
Grants received from Non-Government sources include grants for the Sentencing Advisory Council
($223,000), the Anti-Discrimination Commission ($140,000), the administration of the Corrective
Services Administrators’ Council ($80,000) and a number of other minor grants.
8.3
Sales of Goods and Services
Legal Practice – commercial and civil fees
Births, Deaths and Marriages – provision of statistical data
Risdon Prison – Industry Sales
Magistrates and Supreme Court charges
Other sales of goods and services
Total
Department of Justice Annual Report 2013 -14
2014
$’000
2013
$’000
206
247
2 250
103
43
2 849
127
295
2 307
101
42
2 872
192
8.4
Fees and Fines
Building permit levy
Security agents fees
Probate fees
Civil registry fees
Mediation fees
Building practitioners accreditation
Workplace standards
Other fees
Total
8.5
2014
$’000
2013
$’000
953
382
661
553
61
877
5 154
549
9 190
924
391
932
488
58
945
4 595
393
8 726
2014
$’000
2013
$’000
62
302
743
395
1 160
406
1 489
140
1 157
5 854
44
167
619
299
1 021
250
1 227
121
1 048
4 796
Other Revenue
Property rental
Cash received on behalf of third parties
Magistrates and Supreme Court fees
Electoral Office
Corrective Services
Consumer Affairs
Workers Rehabilitation Tribunal
Tasmanian Planning Commission recoveries
Other revenue
Total
Department of Justice Annual Report 2013 -14
193
Note 9
9.1
Expenses from transactions
Employee Benefits
Wages and salaries
Superannuation – defined contribution scheme
Superannuation – defined benefit scheme
Other employee expenses
Total
2014
$’000
2013
$’000
85 428
7 324
2 789
1 400
96 941
82 284
6 497
2 895
1 432
93 108
Superannuation expenses relating to defined benefits schemes relate to payments into the
Consolidated Fund. The amount of the payment is based on an employer contribution rate
determined by the Treasurer, on the advice of the State Actuary. The employer contribution at 30
June 2014 is 12.75 per cent of salary (12.5 per cent at 30 June 2013). During 2012-13, the Australian
Government introduced a phased increase in the superannuation guarantee rate from 9 per cent to
12 per cent over the seven years ending 2019-20. This results in the Department’s employer
contribution rising to 13.0 per cent from 1 July 2014, and increasing 0.5 per cent per annum through
to 15.5 per cent from 1 July 2019.
Superannuation expenses relating to defined contribution schemes are paid directly to the relevant
superannuation fund at a rate of 9.25 per cent of salary. In addition, departments are also required
to pay to Treasury a “gap” payment equivalent to 3.5 per cent of salary in respect of employees who
are members of the contribution schemes.
9.2
Depreciation and Amortisation
(a) Depreciation
Plant, equipment and vehicles
Buildings
Prison buildings and structures
Building improvements
Library
Total
2014
$’000
2013
$’000
521
1 304
2 762
103
50
4 740
428
1 314
3 098
100
59
4 999
(b) Amortisation
Intangibles
Total
Total depreciation and amortisation
Department of Justice Annual Report 2013 -14
2014
$’000
2013
$’000
664
664
5 404
652
652
5 651
194
9.3
Supplies and Consumables
Audit fees – financial audit
Audit fees – internal audit
Operating lease costs
Information technology
Consultants
Personnel expenses
Juror, witness and Court expenses
Electoral expenses
Plant and equipment
Travel and transport
Property expenses
Maintenance
Prison expenses
Advertising and promotion
Office requisites
Printing
Library
Communications
Other supplies and consumables
Total
9.4
2014
$’000
2013
$’000
51
90
6 351
3 295
598
397
1 437
1 397
1 136
1 736
6 618
1 597
4 366
169
374
323
672
1 747
60
32 414
91
88
6 080
2 701
699
399
1 299
670
1 480
1 591
6 747
1 114
4 650
202
344
299
526
1 748
59
30 787
2014
$’000
2013
$’000
11 894
727
12 621
11 999
712
12 711
Grants and Subsidies
Legal Aid Commission of Tasmania
Other grants and subsidies
Total
The grant provided to the Legal Aid Commission of Tasmania assists in the running of the services
provided to persons who would be considered disadvantaged if they were not granted legal
representation.
Other grants and subsidies include grants for Safe at Home funding, Asbestos Free Tasmania, a
number of inter-jurisdictional contributions in addition to various minor grants made by the
Department.
Department of Justice Annual Report 2013 -14
195
9.5
Other Expenses
Legal costs
Costs awarded
Bank fees
Service Tasmania fees
Salary on-costs
TPC Panel sitting fees
Disbursements on behalf of third parties
Electrical safety inspection fees
Other expenditure
Total
Department of Justice Annual Report 2013 -14
2014
$’000
2013
$’000
146
2 392
121
360
3 719
430
513
2 645
871
11 197
257
2 799
119
375
3 540
173
286
3 492
595
11 636
196
Note 10
10.1
Other economic flows included in net result
Net gain/(loss) on Non-financial Assets
Impairment of non-financial assets
Net gain/(loss) on disposal of physical assets
Total net gain/(loss) on non-financial assets
10.2
2014
$’000
2013
$’000
(405)
(405)
114
114
2014
$’000
2013
$’000
7
7
89
89
Net gain/(loss) on Accounts Receivable/Payable
Impairment of accounts receivable
Total net gain/(loss) on financial instruments
Department of Justice Annual Report 2013 -14
197
Note 11
11.1
Assets
Receivables
2014
$’000
2013
$’000
Receivables
Less: Provision for impairment
Total
1 349
(7)
1 342
823
(20)
803
Sales of goods and services (inclusive of GST)
Tax assets
Total
686
656
1 342
457
346
803
Settled within 12 months
Total
1 342
1 342
803
803
Reconciliation of movement in provision for impairment of receivables
2014
$’000
2013
$’000
Carrying amount at 1 July
20
850
Increase/(decrease) in provision recognised in profit or loss
Walker Corporation debt written-off
Other debts written-off
Carrying amount at 30 June
(7)
(6)
7
(89)
(721)
(20)
20
2014
$’000
2013
$’000
Stock on hand
Total
454
454
431
431
Settled within 12 months
Total
454
454
431
431
11.2
Inventories
Department of Justice Annual Report 2013 -14
198
11.3
Assets Held for Sale
(a) Carrying amount
2014
$’000
2013
$’000
Land
Buildings
Prison buildings and structures
Equipment
Total
2 049
517
699
35
3 300
2 300
581
785
39
3 705
Settled within 12 months
Total
3 300
3 300
3 705
3 705
Assets held for sale include the Hayes Prison Farm and associated farm equipment (Hayes Prison
Farm). These assets are held for disposal due to the closure of Hayes Prison Farm on 31 August
2012. The Hayes Prison Farm is currently on the market available for sale in its present condition.
The sale is being managed by the Department of Treasury and Finance (Treasury) and will be sold
once an appropriate offer is received.
During 2013-14 the Hayes Prison Farm and associated farm equipment was assessed for impairment.
The impairment arose in accordance with the revaluation of the property by independent valuer, the
Office of the Valuer-General.
To date a buyer has not been found, however Treasury is still actively managing the sale of the
Hayes Prison Farm with its sale expected to be completed during the 2014-15 financial year. The
revised carrying value of $3.3 million does not include selling costs (estimated at less than $100,000)
as these costs will be met by Treasury with the net sale proceeds being remitted to the Department
through an additional appropriation once the sale has been completed.
(b) Fair value measurement of Assets held for sale (including fair value levels)
2014
Carrying
value at
30 June
$’000
Land
Buildings
Prison buildings and structures
Equipment
Total
2 049
517
699
35
3 300
Fair value measurement at end of
reporting period
Level 1
Level 2
Level 3
$’000
$’000
$’000
-
2 049
2 049
517
699
35
1 251
The Hayes Prison Farm and associated farm equipment is carried at fair value. The valuation
technique applied to the Hayes Prison Farm and associated farm equipment is an independent
assessment by the Office of the Valuer-General.
Department of Justice Annual Report 2013 -14
199
(c) Level 3 significant valuation inputs and relationship to fair value
Description
Hayes Prison Farm
Possible
alternative
Significant
values for
Fair value at unobservable inputs
level 3
30 June
used in valuation
inputs
$’000
1 251
A – Economic
conditions
B – Availability of and
demand for similar
assets for sale
C – Costs of credit
D – Condition of asset
Note 1
Sensitivity of fair value to
changes in level 3 inputs
Economic
conditions
have
stabilised over the last 12
months with demand at
subdued levels. The price of the
asset has fluctuated by 10%
over the year given the current
valuations is based on recent
sales. Interest rates are at
historical
lows
and
are
expected to remain at those
levels. As a result, it is unlikely
that significant variations in
values will arise in the short
term.
Note 1: When valuing these assets, their existing use and possible alternative uses, are taken into account by valuers. As a
result, it is most unlikely that alternative values will arise unless there are more changes in known inputs.
Department of Justice Annual Report 2013 -14
200
11.4
Property, Plant and Equipment
(a) Carrying amount
2014
$’000
2013
$’000
Land
At fair value (Land revalued on 31 March 2012)
Total
17 185
17 185
17 185
17 185
Buildings
At fair value (Buildings revalued on 31 March 2012)
Less: Accumulated depreciation
Total
39 507
(3 006)
36 501
39 507
(1 702)
37 805
67 196
(6 580)
60 616
13 688
74 304
67 193
(3 818)
63 375
2 988
66 363
Building improvements
At cost
Less: Accumulated amortisation
Total
1 274
(665)
609
1 189
(562)
627
Library Assets
Heritage assets at fair value (Library assets revalued on 31 March 2012)
Depreciable assets at fair value (Library assets revalued on 31 March 2012)
Less: Accumulated amortisation
Total
1 653
1 176
(125)
2 704
1 653
1 176
(75)
2 754
5 357
(2 439)
2 918
108
3 026
4 791
(1 965)
2 826
161
2 987
134 329
127 721
Prison buildings and structures
At fair value (Prison buildings and structures revalued on 31 March 2012)
Less: Accumulated depreciation
Work in progress (at cost)
Total
Plant, equipment and vehicles
At cost
Less: Accumulated depreciation
Work in progress (at cost)
Total
Total property, plant and equipment
The Department’s land and buildings were revalued as at 31 March 2012 by independent valuers
Liquid Pacific Pty Ltd. The revaluation was undertaken in accordance with relevant Valuation and
Accounting Standards and is based on fair value.
Where possible, assets have been valued on the basis of market value with reference to observable
prices in an active market, using traditional methods such as sales comparison. However, due to the
nature of some of the Department’s assets, including prisons and court buildings, they are unlikely to
transact in the market for their existing use. Accordingly these assets have been valued on a
depreciated replacement cost basis. These valuations take in to account market prices for
construction costs, the economic life of the buildings, the condition of the buildings and any design
aspects which would alter their value.
Department of Justice Annual Report 2013 -14
201
(b) Reconciliation of movements
Reconciliations of the carrying amounts of each class of Property, plant and equipment at the
beginning and end of the current and previous financial year are set out below. Carrying value means
the net amount after deducting accumulated depreciation and accumulated impairment losses.
The total devaluation of Prison building and structures as part of the 2011-12 revaluations was
($4,465,000). At the time of the revaluation the asset revaluation reserve only had a balance of
$3,556,000 for Prison building and structures as per Note 14. The difference of ($899,000) has been
recorded as a loss on revaluation of non-current physical assets in Other economic flow included in
net result (as per Note 10.1) in the Statement of Comprehensive Income.
2014
Carrying value at
1 July
Additions
Disposals
Net movement in
Work in
progress
Assets held for sale
Depreciation and
amortisation
Carrying value at
30 June
Prison
Land
buildings
Level 3
and
(Land with Buildings structures
no active
Level 3
Level 3
markets (specific
(specific
Plant
and/or purpose / purpose / Building Library equipment
significant
use
use improve- assets
and
restrictions) buildings) buildings)
ments Level 3
vehicles Livestock Total
$’000
$’000
$’000
$’000
$’000
$’000
$’000 $’000
17 185
37 805
66 363
627
2 754
2 987
-
127
721
-
-
3
-
85
-
-
613
-
-
701
-
-
-
10 700
-
-
-
(53)
-
- 10 647
-
-
(1 304)
(2 762)
(103)
(50)
(521)
- (4 740)
17 185
36 501
74 301
609
2 704
3 026
Department of Justice Annual Report 2013 -14
-
202
134
329
2013
Carrying value at
1 July
Additions
Disposals
Net movement in
Work in progress
Assets held for sale
Depreciation and
amortisation
Carrying value at
30 June
Prison
Plant
buildings Building
equipment
and improve- Library
and
Land Buildings structures
ments assets
vehicles Livestock
$’000
$’000
$’000
$’000 $’000
$’000
$’000
Total
$’000
19 485
39 700
67 442
727
2 813
2 814
67
133
048
-
-
642
-
-
-
553
(60)
(67)
1 195
(127)
(2 300)
(581)
2 162
(785)
-
-
147
(39)
2 310
- (3 705)
-
(1 314)
(3 098)
(100)
(59)
(428)
- (5 000)
17 185
37 805
66 363
627
2 754
2 987
-
127
721
All Departmental Land, Buildings and Prison buildings and structures are prison and court related
and as such are classified as specialist assets with no active markets against which to be valued. As a
result, all Land, Buildings and Prison buildings and structures assets are valued as Level 3 inputs.
Department of Justice Annual Report 2013 -14
203
(c) Level 3 significant valuation inputs and relationship to fair value
Description
Fair value at
30 June
Significant
unobserv-able
inputs used in
valuation
Possible
alternative
values for
level 3
inputs
Sensitivity of fair value to
changes in level 3 inputs
Economic
conditions
have
stabilised over the last 12
months with demand at
subdued levels. Interest rates
are at historical lows and are
expected to remain at those
levels. As a result, it is unlikely
that significant variations in
values will arise in the short
term.
Tasmanian construction indexes
have remained stable over the
last 12 months. Design and
useful lives are reviewed
regularly but generally remain
unchanged. As a result, it is
unlikely
that
significant
variations in values will arise in
the short term.
Tasmanian construction indexes
have remained stable over the
last 12 months. Design and
useful lives are reviewed
regularly but generally remain
unchanged. As a result, it is
unlikely
that
significant
variations in values will arise in
the short term.
Not applicable.
$’000
Land – with no active
markets and/or
significant
restrictions)
17 185
A – economic
conditions,
B – availability of and
demand for similar
assets for sale
C – costs of credit
Note 1
Buildings – specific
purpose / use
buildings
36 501
A – Construction costs
B – Design life
C – Age and condition
of asset
D – Remaining useful
life
Note 1
Prison buildings and
structures specific purpose / use
buildings
74 301
A – Construction costs
B – Design life
C – Age and condition
of asset
D – Remaining useful
life
Note 1
Library assets
2 704
A – Rarity of asset
B – Age of asset
C – Condition of asset
Note 2
Note 1: When valuing these assets, their existing use and possible alternative uses are taken into account by valuers. As a
result, it is most unlikely that alternative values will arise unless there are more changes in known inputs.
Note 2: Valuing library assets is an inexact science and it is not likely that alternative values, applying other inputs would
result in a materially different value.
Department of Justice Annual Report 2013 -14
204
11.5
Intangibles
(a) Carrying amount
Intangibles with a finite useful life
Software at cost
Less: Accumulated amortisation
Work in progress (at cost)
Total
2014
$’000
2013
$’000
5 941
(3 292)
2 649
717
3 366
5 818
(2 628)
3 190
281
3 471
2014
$’000
2013
$’000
3 471
3 930
122
437
(664)
208
(15)
(652)
3 366
3 471
(b) Reconciliation of movements
Carrying amount at 1 July
Additions
Net movement in Work in progress
Amortisation expense
Carrying amount at 30 June
Department of Justice Annual Report 2013 -14
205
Note 12
12.1
Liabilities
Payables
2014
$’000
2013
$’000
Trade Payables
Accrued expenses
419
1 187
453
1 807
Total
1 606
2 260
Settled within 12 months
1 606
2 260
Total
1 606
2 260
2014
$’000
2013
$’000
Accrued salaries
Annual leave
Long service leave
Total
3 041
7 905
14 379
25 325
2 628
8 140
14 012
24 780
Settled within 12 months
Settled in more than 12 months
Total
9 287
16 038
25 325
8 688
16 092
24 780
2014
$’000
2013
$’000
1 914
2 137
Settlement is usually made within 30 days.
12.2
12.3
Employee Benefits
Other Liabilities
Revenue received in advance
Appropriation carried forward from current and previous years under section 8A of the
Public Account Act 1986
Other liabilities
Other liabilities
-
24
Total
1 914
2 161
Settled within 12 months
1 914
2 161
Total
1 914
2 161
Section 8A(2) of the Public Account Act allows for an unexpended balance of an appropriation to be
transferred to an Account in the Special Deposits and Trust Fund for such purposes and conditions
as approved by the Treasurer. In the initial year, the carry forward is recognised as a liability,
Department of Justice Annual Report 2013 -14
206
Revenue Received in Advance. The carry forward from the initial year is recognised as revenue in
the reporting year, assuming that the conditions of the carry forward are met and the funds are
expended.
Department of Justice Annual Report 2013 -14
207
Note 13
13.1
Commitments and Contingencies
Schedule of Commitments
2014
$’000
2013
$’000
By type
Capital commitments
Prison Infrastructure Redevelopment Program Stage D
7 617
17 828
Total capital Commitments
7 617
17 828
Lease commitments
Operating leases
29 696
33 261
Total lease commitments
29 695
33 261
Other commitments
Prison Maintenance
Inspection Services
Other Commitments
12 090
10 209
71
15 749
17 444
116
Total other commitments
22 370
33 309
By maturity
Capital Commitments
One year or less
From one to five years
7 617
-
17 828
-
Total capital commitments
7 617
17 828
Operating lease commitments
One year or less
From one to five years
More than five years
5 702
11 277
12 717
6 520
13 433
13 308
Total operating lease commitments
29 696
33 261
Other commitments
One year or less
From one to five years
More than five years
4 328
14 345
3 697
4 873
22 045
6 391
Total other commitments
22 370
33 309
Total
59 683
84 398
The operating lease commitments include buildings, motor vehicles and information technology
equipment leases. All amounts shown are inclusive of GST.
Department of Justice Annual Report 2013 -14
208
13.2
Contingent Assets and Liabilities
Contingent assets and liabilities are not recognised in the Statement of Financial Position due to
uncertainty regarding any possible amount or timing of any possible underlying claim or obligation.
(a) Quantifiable contingencies
A quantifiable contingent asset is a possible asset that arises from past events and whose existence
will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events
not wholly within the control of the entity.
A quantifiable contingent liability is a possible obligation that arises from past events and whose
existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain
future events not wholly within the control of the entity; or a present obligation that arises from
past events but is not recognised because it is not probable that an outflow of resources embodying
economic benefits will be required to settle the obligation.
2014
$’000
2013
$’000
Quantifiable contingent liabilities
Contingent claims
Contingent legal claims
183
555
Total quantifiable contingent liabilities
183
555
At 30 June 2014 the Department had a number of legal claims against it in dispute.
(b) Unquantifiable contingencies
The Sullivans Cover Waterfront Authority (the Authority) was wound up on 31 August 2011. As a
result, a number of the Authority’s responsibilities were transferred to the Hobart City Council (the
Council). The Council and the State Government entered into a Memorandum of Understanding
outlining the issues to be addressed as part of the transferral of powers to the Council.
This transferral of responsibilities to the Council could potentially expose the Council to some
financial liability in the event that actions or determinations made by the Authority are later
challenged.
The State Government has agreed to indemnify the Council from any loss incurred directly as a
result of any wrongful or improper act done, or omitted to be done by the Authority in its
performance or purported performance of its functions and powers.
Any such losses incurred by the Council will be met by the Department of Justice. At 30 June 2014,
it is not known how many, if any, claims will be made against the Council that the Department of
Justice may be required to settle. No claims are outstanding as at 30 June 2014.
Department of Justice Annual Report 2013 -14
209
Note 14
Reserves
Land
$’000
Buildings
$’000
Prison
buildings
and
structure
s
$’000
Asset revaluation reserve
Balance at the beginning of financial year
Revaluation increments/(decrements)
14 081
-
14 912
-
-
2 524
-
31 517
-
Balance at end of financial year
14 081
14 912
-
2 524
31 517
Land
$’000
Buildings
$’000
Prison
buildings
and
structure
s
$’000
Library
assets
$’000
Total
$’000
Asset revaluation reserve
Balance at the beginning of financial year
Revaluation increments/(decrements)
14 081
-
14 912
-
-
2 524
-
31 517
-
Balance at end of financial year
14 081
14 912
-
2 524
31 517
2014
2013
Library
assets
$’000
Total
$’000
(a) Nature and purpose of reserves
Asset Revaluation Reserve
The Physical Asset Revaluation Reserve is used to record increments and decrements on the
revaluation of Non-financial assets, as described in Note 2.12(e).
Department of Justice Annual Report 2013 -14
210
Note 15
15.1
Cash Flow Reconciliation
Cash and Deposits
Cash and deposits includes the balance of the Special Deposits and Trust Fund Accounts held by the
Department, and other cash held, excluding those accounts which are administered or held in a
trustee capacity or agency arrangement.
2014
$’000
2013
$’000
Special Deposits and Trust Fund balance
T516 Operating Account
T658 Local Government
T766 Criminal Injuries Compensation
T829 Rental Deposit Authority Account
Total
18 629
448
8
451
19 536
16 641
117
6
592
17 356
Total cash and deposits
19 536
17 356
The definition of cash can be found at Note 2.12(a). Cash and Cash Equivalents includes the balance
of the Special Deposits and Trust Fund held by the Department, and other cash held, excluding
those accounts which are administered or held in a trustee capacity or agency arrangement.
15.2
Reconciliation of Net Result to Net Cash from Operating Activities
Net result
Receipts from non-operational capital funding – works and services
Depreciation and amortisation
(Gain) loss on non-financial assets
Gain (loss) on accounts receivable
Decrease (increase) in Receivables
Decrease (increase) in Inventories
Increase (decrease) in Employee benefits
Increase (decrease) in Payables
Increase (decrease) in Other liabilities
Net cash from (used by) operating activities
Department of Justice Annual Report 2013 -14
2014
$’000
2013
$’000
9 196
(10 370)
5 404
405
7
(437)
(23)
545
(654)
(247)
(2 952)
(3 700)
5 651
(114)
(89)
50
45
1 194
(59)
1 331
3 826
1 357
211
Acquittal of Capital Investment and Special Capital Investment Funds
15.3
The Department received Works and Services Appropriation funding and revenues from Special
Capital Investment Funds to fund specific projects.
Cash outflows relating to these projects are listed below by category.
Budget information refers to original estimates and has not been subject to audit.
(a) Project expenditure
2014
Budget
$'000
2014
Actual
$'000
2013
Actual
$'000
14 870
9 695
2 240
1 000
657
-
500
242
-
16 370
10 594
2 240
Capital Investment Program
Prison Infrastructure Redevelopment Program
Launceston Reception Prison
Medium Ceilings Accommodation
Total
(b) Classification of cash flows
The project expenditure above is reflected in the Statement of Cash Flows as follows.
2014
$’000
2013
$’000
Cash outflows
Employee benefits
Information technology
Other supplies and consumables
Payments for acquisition of assets
Other cash payments
4
19
18
10 553
-
11
14
2 207
8
Total cash outflows
10 594
2 240
Department of Justice Annual Report 2013 -14
212
Note 16
16.1
Financial Instruments
Risk Exposures
(a) Risk management policies
The Department has exposure to the following risks from its use of financial instruments:

credit risk;

liquidity risk; and

market risk.
The Head of Agency has overall responsibility for the establishment and oversight of the
Department’s risk management framework. Risk management policies are established to identify and
analyse risks faced by the Department, to set appropriate risk limits and controls, and to monitor
risks and adherence to limits.
(b) Credit risk exposures
Credit risk is the risk of financial loss to the Department if a customer or counterparty to a financial
instrument fails to meet its contractual obligations.
Financial
Instrument
Accounting and strategic policies
(including recognition criteria and
measurement basis)
Nature of underlying instrument
(including significant terms and
conditions affecting the amount.
Timing and certainty of cash flows)
Receivables
Receivables are recognised at amortised
cost, less any impairment losses,
however, due to the short settlement
period, receivables are not discounted
back to their present value.
It is Departmental policy to issue invoices
with 30 day terms of trade.
Cash and deposits
Deposits are recognised at amortised
cost, being their face value.
Cash means notes, coins, any deposits held
at call with a bank or financial institution, as
well as funds held in the Special Deposits
and Trust Fund.
Financial Assets
The Department does not have any concentration of credit risk. The Department monitors
receivables on a monthly basis and follow up procedures are undertaken for all debts that are
overdue. Action taken is dependent on the length of time the debt is overdue.
The carrying amount of financial assets recorded in the Financial Statements, net of any allowances
for losses, represents the Department’s maximum exposure to credit risk. The Department does
not hold any collateral or other security over its receivables. The Department’s credit risk is
considered to be minimal.
Department of Justice Annual Report 2013 -14
213
The following tables analyse financial assets that are past due but not impaired.
Analysis of financial assets that are past due at 30 June 2014 but not impaired
Past due
Past due
Past due
30 days
60 days
90 days
Total
$’000
$’000
$’000
$’000
12
2
10
24
Analysis of financial assets that are past due at 30 June 2013 but not impaired
Past due 30
Past due Past due 90
days
60 days
days
Total
Receivables
Receivables
$’000
$’000
$’000
$’000
24
5
193
222
(c) Liquidity risk
Liquidity risk is the risk that the Department will not be able to meet its financial obligations as they
fall due. The Department’s approach to managing liquidity is to ensure that it will always have
sufficient liquidity to meet its liabilities when they fall due.
Financial
Instrument
Accounting and strategic policies
(including recognition criteria
and measurement basis)
Financial Liabilities
Payables
Payables are recognised at amortised
cost, which due to the short
settlement period, equates to face
value, when the Department
becomes obliged to make future
payments as a result of a purchase of
assets or services.
Nature of underlying instrument
(including significant terms and conditions
affecting the amount. Timing and
certainty of cash flows)
Payables, including goods received and services
incurred but not yet invoiced arise when the
Department becomes obliged to make future
payments as a result of a purchase of assets or
services. The Department’s terms of trade are
30 days.
Monitoring of revenue and expenditure forecasts and current cash balances is undertaken by the
Department on a monthly basis.
The following tables detail the undiscounted cash flows payable by the Department by remaining
contractual maturity for its financial liabilities. It should be noted that as these are undiscounted,
totals may not reconcile to the carrying amounts presented in the Statement of Financial Position:
Department of Justice Annual Report 2013 -14
214
2014
Maturity analysis for financial liabilities
More
2
3
4
5
than 5 Undiscounted Carrying
1 Year Years Years Years Years Years
Total
Amount
$’000 $’000 $’000 $’000 $’000 $’000
$’000
$’000
Financial liabilities
Payables
Total
1 606
1 606
-
-
-
-
-
1 606
1 606
1 606
1 606
2013
Maturity analysis for financial liabilities
More
2
3
4
5
than 5 Undiscounted Carrying
1 Year Years Years Years Years Years
Total
Amount
$’000 $’000 $’000 $’000 $’000 $’000
$’000
$’000
Financial liabilities
Payables
Total
2 260
2 260
-
-
-
-
-
2 260
2 260
2 260
2 260
(d) Market risk
Market risk is the risk that the fair value of future cash flows of a financial instrument will fluctuate
because of changes in market prices. The primary market risk that the Department is exposed to is
interest rate risk.
The Department’s exposure to interest rate risk is considered to be minimal. The majority of the
Department’s interest bearing financial instruments are managed by the Department of Treasury and
Finance.
At the reporting date the interest rate profile of the Department’s interest bearing financial
instruments was:
2014
$’000
2013
$’000
Variable rate instruments
Financial assets
84
71
Total
84
71
Department of Justice Annual Report 2013 -14
215
Changes in variable rates of 100 basis points at reporting date would have the following effect on the
Department’s profit or loss and equity:
Sensitivity Analysis of Department’s Exposure to Possible Changes in Interest Rates
Statement of
Equity
Comprehensive
Income
100 basis
100 basis
100 basis
100 basis
points
points
points
points
increase
decrease
increase
decrease
$’000
$’000
$’000
$’000
30 June 2014
Cash in Special Deposits and Trust Fund
Net sensitivity
1
1
(1)
(1)
1
1
(1)
(1)
30 June 2013
Cash in Special Deposits and Trust Fund
Net sensitivity
1
1
(1)
(1)
1
1
(1)
(1)
In addition to the above amounts, the Department also earns interest on the funds sitting with the
Trust Account T829 - Rental Deposit Authority Account. These are not recognised as a Controlled
activity of the Department and are considered to be held in trust by the Department. Further
details can be found in Note 18.
However, the interest earned on T829 is considered by the Department to be a Controlled activity
and is recognised in the Controlled Statement of Comprehensive Income.
An increase in variable rates of 100 basis points would have a $353,186 effect on this account in
2013-14 ($329,871 in 2012-13), and a decrease in variable rates of 100 basis points would a
($353,186) in 2013-14 (($329,871) in 2012-13) effect.
These analyses assume all other variables remain constant. These analyses were performed on the
same basis for 2013.
16.2
Categories of Financial Assets and Liabilities
2014
$’000
2013
$’000
Financial assets
Cash and deposits
Receivables
19 536
1 342
17 356
803
Total
20 878
18 159
1 606
2 260
1 606
2 260
Financial Liabilities
Financial liabilities measured at amortised cost
Total
Department of Justice Annual Report 2013 -14
216
16.3
Reclassifications of Financial Assets
The Department has not reclassified any financial assets during the 2013-14 financial year.
16.4
Comparison between Carrying Amount and Net Fair Value of Financial Assets
and Liabilities
Carrying
Amount
2014
$’000
Net Fair Carrying
Value Amount
2014
2013
$’000
$’000
Net Fair
Value
2013
$’000
Financial assets
Cash and deposits
Receivables
19 536
1 342
19 536
1 342
17 356
803
17 356
803
Total financial assets
20 878
20 878
18 159
18 159
Financial liabilities
Payables
1 606
1 606
2 260
2 260
Total financial liabilities
1 606
1 606
2 260
2 260
The Department does not have any financial assets or financial liabilities carried at fair value through
the profit and loss or any available for sale financial assets.
Financial Assets
The net fair values of Cash and deposits and Receivables approximate their carrying amounts as this
is the amount the Department expects to be able to settle on these items.
Financial Liabilities
The net fair values of Trade creditors approximate their carrying amounts as this is the amount the
Department expects to be able to settle on these items.
Department of Justice Annual Report 2013 -14
217
Note 17
17.1
Notes to Administered Statements
Explanations of Material Variances between Budget and Actual Outcomes
The following are brief explanations of material variances between budget estimates and actual
outcomes. Variances are considered material where the variance exceeds 10 per cent of budget
estimate and $1 million.
(a) Schedule of Administered Income and Expenses
Note
Budget
$’000
(a)
(b)
(c)
(a)
(d)
(e)
35 526
9 058
3 749
25 180
-
22 825
15 098
1 341
19 696
(2 688)
(12 701)
6 040
(2 408)
(5 484)
(2 688)
(36)
67
(64)
(22)
>100
-
(2 275)
(2 275)
>100
(f)
-
3 218
3 218
<(100)
Fees and fines
Other revenue
Supplies and consumables
Transfers to the Consolidated Fund
Gain/(loss) on accounts receivable
(Increase)/decrease in Provision for Compensation
Payable
Increase/(decrease) in future levies receivable
Actual Variance Variance
$’000
$’000
%
Notes to Schedule of Administered Income and Expenses variances
(a)
(b)
(c)
(d)
(e)
(f)
This is primarily due to the imposing of fewer infringements by external entities for collection by the Monetary
Penalties Enforcement Service during 2013-14 than was budgeted for, in addition to the Department transferring
the administration processes for Business Names to the Australian Government In 2012-13.
This increase is due to the levies revenue earned by the Asbestos Compensation Fund which was not budgeted
for.
This is primarily due to administration costs for administering the Asbestos Compensation Fund being less than
anticipated.
This reduction is due to a recalculation of the Provision for impairment of the fines collection receivables. See
Note 17.13 for further details.
This is to recognise the change in the Asbestos Compensation Fund Provision for Compensation Payable. See
Note 17.18 for further details.
This is to recognise the change in the Asbestos Compensation Fund’s right to levy licensed insurers and selfinsurers. See Note 17.13 for further details.
(b) Schedule of Administered Assets and Liabilities
Cash and deposits
Receivables
Provisions
Note
Budget
$’000
Actual Variance Variance
$’000
$’000
%
(a)
(b)
(b)
2 518
185 290
137 120
8 097
163 538
119 915
5 579
(21 752)
(17 205)
>100
(12)
(13)
Notes to Schedule of Administered Assets and Liabilities variances
(a)
(b)
This increase reflects the cash associated with the Asbestos Compensation Fund, which was not fully budgeted
for.
This variance relates to the budget estimate not fully reflecting the reduction in the Asbestos Compensation Fund
Provision for Compensation Payable and the value of the associated right to levy licensed insurers and selfinsurers as at 30 June 2013 . See Note 17.18 for further details.
Department of Justice Annual Report 2013 -14
218
(c) Schedule of Administered Cash Flows
Note
Budget
$’000
(a)
(b)
(a)
(c)
35 526
9 058
25 180
3 746
Fees and fines
Other cash receipts
Transfers to the Consolidated Fund
Supplies and consumables
Actual Variance Variance
$’000
$’000
%
23 220
15 510
19 696
1 414
(12 306)
6 452
(5 484)
(2 332)
(35)
71
(22)
(62)
Notes to Schedule of Administered Cash Flow variances
(a)
(b)
(c)
17.2
This is primarily due to the imposing of fewer infringements by external entities for collection by the Monetary
Penalties Enforcement Service during 2013-14 than was budgeted for.
This increase is due to the levies revenue received by the Asbestos Compensation Fund which was not budgeted
for.
This is primarily due to administration costs for administering the Asbestos Compensation Fund being less than
anticipated..
Administered Sales of Goods and Services
Sale of publications and transcripts
Other sales of goods and services
Total
17.3
2013
$’000
47
47
52
14
66
2014
$’000
2013
$’000
17 634
665
4 526
22 825
15 193
1
1
693
4 593
20 481
2014
$’000
2013
$’000
8 676
6 107
275
40
15 098
7 924
8 110
278
53
16 365
Administered Fees and Fines
Fines – infringements
Business names
Chattel mortgages
Workplace Standards
Other fees and fines
Total
17.4
2014
$’000
Administered Other Revenue
WorkCover contributions
Asbestos Compensation Fund levies
Cash received on behalf of third parties
Other revenue
Total
Department of Justice Annual Report 2013 -14
219
17.5
Administered Employee Benefits
Wages and salaries
Superannuation – defined contribution scheme
Superannuation – defined benefit scheme
Other employee expenses
Total
2014
$’000
2013
$’000
2 996
179
124
25
3 324
2 220
149
98
80
2 547
Superannuation expenses relating to defined benefits schemes relate to payments into the
Consolidated Fund. The amount of the payment is based on an employer contribution rate
determined by the Treasurer, on the advice of the State Actuary. The employer contribution at 30
June 2014 is 12.75 per cent of salary. During 2012-13, the Australian Government introduced a
phased increase in the superannuation guarantee rate from 9 per cent to 12 per cent over the seven
years ending 2019-20. This results in the Department’s employer contribution rising to 13.0 per
cent from 1 July 2014, and increasing 0.5 per cent per annum through to 15.5 per cent from 1 July
2019.
Superannuation expenses relating to defined contribution schemes are paid directly to the relevant
superannuation fund at a rate of 9.25 per cent of salary. In addition, departments are also required
to pay to Treasury a “gap” payment equivalent to 3.5 per cent of salary in respect of employees who
are members of the contribution schemes.
17.6
Administered Depreciation and amortisation
(a) Depreciation
Plant, equipment and vehicles
Total
2014
$’000
2013
$’000
2
2
2
2
2014
$’000
2013
$’000
100
100
102
2
(b) Amortisation
Intangibles
Total
Total depreciation and amortisation
Department of Justice Annual Report 2013 -14
220
17.7
Administered Supplies and Consumables
Audit fees – financial audit
Operating lease costs
Information technology
Plant and equipment
Communications
Library
Consultants
Travel and transport
Property expenses
Advertising and promotion
Office requisites
Printing
Personnel Expenses
Total
17.8
2
45
190
37
59
61
43
147
13
349
11
122
262
1 341
26
45
211
55
58
42
87
158
7
977
18
118
98
1 900
2014
$’000
2013
$’000
925
925
373
373
2014
$’000
2013
$’000
41
92
1 933
7 099
3 384
1 673
14 222
5
66
88
1 506
6 683
2 828
1 994
13 170
2014
$’000
2013
$’000
(2 688)
(2 688)
1 394
1 394
Administered Other Expenses
Legal costs
Salary on-costs
Panel sitting fees
Disbursements on behalf of third parties
Asbestos Compensation Paid
Fines remittances to other organisations
Other expenditure
Total
17.10
2013
$’000
Administered Grants and Subsidies
Grants
Total
17.9
2014
$’000
Gain/(loss) on Accounts Receivable
Reversal of impairment of accounts receivable
Reversal of impairment of accounts receivable
Department of Justice Annual Report 2013 -14
221
17.11
Administered Receivables
2014
$’000
2013
$’000
Future Asbestos Compensation levies receivable
Fines collection receivables
Other receivables
Less: Provision for impairment
Less: Provision for expected remissions
Total
113 803 110 586
61 221 61 447
831
1 631
(4 129) (1 441)
(8 188) (8 040)
163 538 164 183
Future Asbestos Compensation levies receivable
Fines collection receivables
Other receivables
Total
113 803 110 586
48 906 51 968
829
1 629
163 538 164 183
Settled within 12 months
Settled in more than 12 months
Total
36 155 31 142
127 383 133 041
163 538 164 183
The Department is responsible for the administration of the Asbestos Compensation Scheme. The
Scheme is funded through a levy on the premiums of licensed insurers and the notional premiums of
self-insurers. The calculation of the future Asbestos Compensation levies receivable is based on the
fact that all expenditure incurred by the Scheme over its entire life can be obtained from licensed
insurers and self-insurers through the levy.
During 2013-14, impairment on fines collection receivables was reassessed. This reassessment
resulted in an increase in the Provision for impairment of $2.688 million and an increase in the
Provision for expected remissions of $148,000. The increase in the Provision for impairment from
2012-13 reflects the transfer of Pecuniary Penalty Orders (of which a number of Orders are deemed
to be impaired) from the Office of the Director of Public Prosecutions.
Fines collection receivables to be settled within 12 months has been based on the average of fines
collected over the last three financial years.
Reconciliation of movement in provision for impairment and expected
remissions of administered receivables
Carrying amount at 1 July
Increase/(decrease) in provision recognised in profit or loss
Carrying amount at 30 June
Department of Justice Annual Report 2013 -14
2014
2013
$’000
$’000
9 481
10 570
2 836
12 317
(1 089)
9 481
222
17.12
Administered Property, plant and equipment
(a) Carrying amount
Plant, equipment and vehicles
At cost
Less: Accumulated depreciation
Total property, plant and equipment
2014
$’000
2013
$’000
10
(10)
-
10
(8)
2
-
2
(b) Reconciliation of movements
Reconciliations of the carrying amounts of each class of Property, plant and equipment at the
beginning and end of the current and previous financial year are set out below. Carrying value means
the net amount after deducting accumulated depreciation and accumulated impairment losses.
2013
Carrying value at 1 July
Depreciation and amortisation
Carrying value at 30 June
2012
Carrying value at 1 July
Depreciation and amortisation
Carrying value at 30 June
Department of Justice Annual Report 2013 -14
Plant
equipment
and
vehicles
$’000
Total
$’000
2
2
(2)
(2)
-
-
Plant
equipment
and
vehicles
$’000
Total
$’000
4
4
(2)
(2)
2
2
223
17.13
Intangibles
(a) Carrying amount
2014
$’000
2013
$’000
1 004
(100)
904
904
958
958
2014
$’000
2013
$’000
958
786
1 004
(958)
(100)
172
-
904
958
2014
$’000
2013
$’000
Trade Payables
Accrued expenses
WorkCover Refund for Contributions
MPES payables
115
176
1 188
903
129
177
1 635
653
Total
2 382
2 594
Settled within 12 months
2 382
2 594
Total
2 382
2 594
Intangibles with a finite useful life
Software at cost
Less: Accumulated amortisation
Work in progress (at cost)
Total
(b) Reconciliation of movements
Carrying amount at 1 July
Additions
Net movement in Work in progress
Amortisation expense
Carrying amount at 30 June
17.14
Administered Payables
Settlement is usually made within 30 days.
Department of Justice Annual Report 2013 -14
224
17.15
Administered Employee Benefits
2014
$’000
2013
$’000
Accrued salaries
Annual leave
Long service leave
Total
94
196
493
783
65
217
336
618
Settled within 12 months
Settled in more than 12 months
Total
277
506
783
228
390
618
17.16
Administered Provisions
The Department only has one non-employee relation provision which is the Asbestos Compensation
Fund Provision for Compensation Payable. The Provision for Compensation Payable is measured as
the present value of the expected future payments to persons who have an accepted claim for
compensation or who are estimated by the actuaries to be entitled to compensation in the future.
The actuarial valuation contains numerous assumptions regarding the future numbers of claims and
the characteristics of the workers.
Given the uncertainty of this portfolio of claims, a range of assumptions may be plausible which
reflect the current environment in which claims are managed and settled.
The main assumptions are:

Claim numbers, both the starting number assumed for 2014-15 and the Incurred But Not
Reported (IBNR) run-off curve;

Age distribution of imminently fatal claims;

Whole person impairment percentage of non-imminently fatal claims; and

Inflation and discount rates.
The Department’s actuaries, Finity Consulting Pty Limited, in valuing the liabilities as at 30 June 2014,
have estimated the compensation payable for claims yet to be lodged on and inflated and discounted
basis.
The following inflation rates and discount rates were used in measuring the provision for
compensation payable:
Department of Justice Annual Report 2013 -14
225
2014
%
2013
%
Compensation Expected to be Paid
Not later than one year
Wages inflation rate
Discount rate
3.50
4.05
3.75
4.35
Later than one year
Wages inflation rate
Discount rate
3.50
4.05
3.75
4.35
(a) Sensitivity analysis
The liability represents the best estimate and is based on standard actuarial assessment techniques.
The table below shows the key sensitivities of the IBNR valuation.
2013
Assumptions
Central estimate (including expenses)
Claim Numbers
Reduce claim numbers by 30%
Increase claim numbers by 35%
IBNR Run-off curve
Slower run-off, younger claimants
Average Claim Size
Reduce adopted average claim size by 4%
Increase adopted average claim size by 3%
Inflation and discount rates
Increase difference between inflation and discount by 1.5%
Department of Justice Annual Report 2013 -14
Effect
30 June
on
2014
IBNR
IBNR Liabili Percentage
Liability
ty
effect
$million $million
%
119.9
82.9
151.1
(37.0)
31.2
(30.8)
26.0
141.7
21.8
18.2
115.0
123.0
(4.9)
3.1
(4.1)
2.6
103.3
(16.6)
(13.9)
226
2012
Assumptions
Central estimate (including expenses)
Claim Numbers
Reduce claim numbers by 30%
Increase claim numbers by 35%
IBNR Run-off curve
Slower run-off, younger claimants
Average Claim Size
Reduce adopted average claim size by 4%
Increase adopted average claim size by 3%
Inflation and discount rates
Increase difference between inflation and discount by 1.5%
Effect
30 June
on
2013
IBNR
IBNR Liabili Percentage
Liability
ty
effect
$million $million
%
117.6
83.7
151.7
(33.9)
34.1
(28.8)
28.9
141.7
24.1
20.5
113.8
122
(3.8)
4.4
(3.2)
3.7
105.1
(12.5)
(10.6)
Note: The effect of each variation is made in isolation from the others. The combined effect of two or more changes may involve
interactions and substitutions which are not considered in the valuation.
Compensation will be funded by funds held in investments and by future levies. The Asbestos-Related
Diseases (Occupational Exposure) Compensation Act 2011 gives the Asbestos Compensation
Commissioner authority to impose levies each year to meet annual operating costs.
(b) Carrying amount
2014
$’000
2013
$’000
Provision – compensation payments for reported claims
Outstanding at beginning of year
Net movement during the year
3 022
361
6 524
(3 502)
Outstanding at end of year
3 383
3 022
114 618
1 914
130 596
(15,978)
Provision – estimated compensation for future claims
Estimated at beginning of year
Net movement during the year
Estimate at end of year
116 532 114 618
Total Provision for Compensation Payable at end of year
119 915 117 640
Breakdown of compensation payable
Settled within 12 months
Settled in more than 12 months
Total
Department of Justice Annual Report 2013 -14
9 851
110 064
9 078
108 562
119 915 117 640
227
Compensation will be funded by funds held in investments and by future levies. The Asbestos-Related
Diseases (Occupational Exposure) Compensation Act 2011 gives the Asbestos Compensation
Commissioner authority to impose levies each year to meet annual operating costs.
The Fund includes in its provisions an estimate for compensation payable for claims yet to be made
of $113,803,000 ($110,586,000 as at 30 June 2013). This figure is shown in the Statement of
Financial Position as a liability with the corresponding outstanding contributions receivable asset (net
of cumulative surplus or deficit to date) representing the right to levy employers for these
outstanding claims.
17.17
Schedule of Administered Commitments
2014
$’000
2013
$’000
By type
Lease commitments
Operating leases
78
133
Total lease commitments
78
133
Other commitments
Sponsorship agreements
Grants
Other
246
1 175
354
-
Total other commitments
1 775
-
By maturity
Operating lease commitments
One year or less
From one to five years
55
27
65
68
Total operating lease commitments
82
133
940
835
-
Total Other lease commitments
1 775
-
Total
1 857
133
Other lease commitments
One year or less
From one to five years
The operating lease commitments include motor vehicles and information technology equipment
leases. All amounts shown are inclusive of GST.
Department of Justice Annual Report 2013 -14
228
17.18
Administered Cash and Deposits
Administered Cash and deposits includes the balance of the Special Deposits and Trust Fund
Accounts held by the Department, and other cash held, which are administered or held in a trustee
capacity or agency arrangement.
2014
$’000
2013
$’000
Special Deposits and Trust Fund balance
T516 Justice Operating Account
T435 Workers Compensation Act 1988 Fund Account
T741 Asbestos Compensation Fund
Total
1 346
612
6 139
8 097
1 075
1 508
5 639
8 222
Total cash and deposits
8 097
8 222
17.19 Reconciliation of Administered Net Result to Net Cash from Administered
Operating Activities
2014
$’000
Net result
Gain/(loss) on accounts receivable
Depreciation and amortisation
Decrease (increase) in Receivables
Increase (decrease) in Employee benefits
Increase (decrease) in Payables
Increase (decrease) in Provisions
Increase (decrease) in Other liabilities
Net cash from (used by) operating activities
17.20
2013
$’000
(3 054)
(358)
2 688 (1 394)
102
2
(2 043) 21 144
165
17
(212)
57
2 275 (19 480)
(4)
(79)
(16)
Financial Instruments (Administered)
(a) Risk management policies
The Department has exposure to the following risks from its use of financial instruments:

credit risk;

liquidity risk; and

market risk.
The Head of Agency has overall responsibility for the establishment and oversight of the
Department’s risk management framework. Risk management policies are established to identify and
analyse risks faced by the Department, to set appropriate risk limits and controls, and to monitor
risks and adherence to limits.
Department of Justice Annual Report 2013 -14
229
(b) Credit risk exposures
Credit risk is the risk of financial loss to the Department if a customer or counterparty to a financial
instrument fails to meet its contractual obligations.
Financial
Instrument
Accounting and strategic
policies (including
recognition criteria and
measurement basis)
Nature of underlying instrument (including
significant terms and conditions affecting
the amount. Timing and certainty of cash
flows)
Receivables
Receivables are recognised at
amortised cost, less any
impairment losses, however, due
to the short settlement period,
receivables are not discounted
back to their present value.
It is Departmental policy to issue invoices with 30
day terms of trade. Fines and infringement
receivables are a legislatively imposed penalty and
not a commercial debt. Settlement terms vary
and are subject to agreed payment schedules in
accordance with the Monetary Penalties
Enforcement Act 2005. Default terms without an
arrangement in place are 28 days.
Cash and deposits
Deposits are recognised at
amortised cost, being their face
value.
Cash means notes, coins, any deposits held at call
with a bank or financial institution, as well as funds
held in the Special Deposits and Trust Fund.
Financial Assets
The carrying amount of administered financial assets recorded in the Financial Statements, net of any
allowances for losses, represents the Departments maximum exposure to credit risk. The
Department does not hold any collateral or other security over its receivables. The Department
monitors receivables on a monthly basis and follow up procedures are undertaken for all debts that
are overdue. Action taken is dependent on the length of time the debt is overdue.
The settlement term for receivables (excluding fines and infringements) is thirty days. Fines and
infringement receivables are a legislatively imposed penalty and not a commercial debt. Settlement
terms vary and are subject to agreed payment schedules in accordance with the Monetary Penalties
Enforcement Act 2005. Default terms without an arrangement in place are 28 days.
The following tables analyse financial assets that are past due but not impaired
Analysis of administered financial assets that are past due at 30 June 2014 but not impaired
Past due Past due Past due Past due Past due
Total
30 days
90
180 days
1 year
5 years
days
$’000
$’000
$’000
$’000
$’000
$’000
Receivables
1 166
1 740
2 313
14 250
9 179
28 648
Analysis of administered financial assets that are past due at 30 June 2013 but not impaired
Past due Past due Past due Past due Past due
Total
30 days
90
180 days
1 year
5 years
days
$’000
$’000
$’000
$’000
$’000
$’000
Receivables
2 570
Department of Justice Annual Report 2013 -14
3 165
6 216
14 425
8 030
34 406
230
(c) Liquidity risk
Liquidity risk is the risk that the Department will not be able to meet its financial obligations as they
fall due. The Department’s approach to managing liquidity is to ensure that it will always have
sufficient liquidity to meet its liabilities when they fall due.
Financial
Instrument
Accounting and strategic
policies (including recognition
criteria and measurement
basis)
Nature of underlying instrument (including
significant terms and conditions affecting
the amount. Timing and certainty of cash
flows)
Financial Liabilities
Trade payables
and Accrued
expenses
Payables are recognised at
amortised cost, which due to the
short settlement period, equates
to face value, when the
Department becomes obliged to
make future payments as a result
of a purchase of assets or services.
Payables, including goods received and services
incurred but not yet invoiced arise when the
Department becomes obliged to make future
payments as a result of a purchase of assets or
services. The Department’s terms of trade are
30 days.
The following tables detail the undiscounted cash flows payable by the Department by remaining
contractual maturity for its financial liabilities. It should be noted that as these are undiscounted,
totals may not reconcile to the carrying amounts presented in the Statement of Financial Position:
2014
Maturity analysis for administered financial liabilities
More
2
3
4
5
than 5 Undiscounted Carrying
1 Year Years Years Years Years Years
Total
Amount
Financial liabilities
Payables
Total
2 382
2 382
-
-
-
-
-
2 382
2 382
2 382
2 382
2013
Maturity analysis for administered financial liabilities
More
2
3
4
5
than 5 Undiscounted Carrying
1 Year Years Years Years Years Years
Total
Amount
Financial liabilities
Payables
Total
2 594
2 594
-
Department of Justice Annual Report 2013 -14
-
-
-
-
2 594
2 594
2 594
2 594
231
(d) Market risk
Market risk is the risk that the fair value of future cash flows of a financial instrument will fluctuate
because of changes in market prices. The primary market risk that the Department is exposed to is
interest rate risk.
The Department’s exposure to interest rate risk is considered to be minimal. The majority of the
Department’s interest bearing financial instruments are managed by the Department of Treasury and
Finance.
At the reporting date the interest rate profile of the Department’s interest bearing financial
instruments was:
2014
$’000
2013
$’000
Variable rate instruments
Financial assets
6 752
7 148
Total
6 752
7 148
T741 - Asbestos Compensation Fund has been confirmed as an interest bearing account since its
creation; the 2012-13 comparatives have been adjusted from $1.527 million to $7.148 million to
reflect this. The table below has also been adjusted accordingly.
Changes in variable rates of 100 basis points at reporting date would have the following effect on the
Department’s profit or loss and equity:
Sensitivity Analysis of Department’s Exposure to Possible Changes in Interest Rates
Statement of
Equity
Comprehensive
Income
100 basis
100 basis
100 basis
100 basis
points
points
points
points
increase
increase
increase
increase
$’000
$’000
$’000
$’000
30 June 2014
Cash in Special Deposits and Trust Fund
Net sensitivity
68
68
(68)
(68)
68
68
(68)
(68)
30 June 2013
Cash in Special Deposits and Trust Fund
Net sensitivity
71
71
(71)
(71)
71
71
(71)
(71)
This analysis assumes all other variables remain constant. The analysis was performed on the same
basis for 2013.
Department of Justice Annual Report 2013 -14
232
17.21
Categories of Administered Financial Assets and Liabilities
2014
$’000
Administered financial assets
Cash and cash equivalents
Receivables
2013
$’000
8 097
8 222
163 538 164 183
Total
171 635 172 405
Administered financial Liabilities
Financial liabilities measured at amortised cost
Total
2 382
2 594
2 382
2 594
17.22 Comparison between Carrying Amount and Net Fair Value of Administered
Financial Assets and Liabilities
Carrying
Amount
2014
$’000
Administered financial assets
Cash at cash equivalents
Receivables
Total administered financial assets
Net Fair Carrying
Value Amount
2014
2013
$’000
$’000
Net Fair
Value
2013
$’000
8 097
163 538
8 097
163 538
8 222
164 183
8 222
164 183
171 635
171 635
172 405
172 405
Administered financial liabilities
Payables
Total administered financial liabilities
2 382
2 382
2 594
2 594
2 382
2 382
2 594
2 594
The Department does not have any financial assets or financial liabilities carried at fair value through
the profit and loss or any available for sale financial assets.
Administered Financial Assets
The net fair values of Cash and deposits and Receivables approximate their carrying amounts as this
is the amount the Department expects to be able to settle on these items.
Administered Financial Liabilities
The net fair values of financial liabilities approximate their carrying amounts as this is the amount the
Department expects to be able to settle on these items.
Department of Justice Annual Report 2013 -14
233
Note 18
Transactions and Balances Relating to a Trustee or Agency
Arrangement
Account/Activity
T401 Crown Law Trust Account
T404 Prisoner Earning Deposit Account
T434 Magistrates Court (Civil Division Litigants)
T451 Appeals Cost Fund Deposit Account
T460 Supreme Court Suitors Fund Deposit Account
T516 Justice Operating Account
T740 Criminal Injuries Fund
T829 Rental Deposit Authority Account
Department of Justice Annual Report 2013 -14
Opening
balance
Net
transactions
during 2013-14
$’000
$’000
703
117
62
572
1 502
106
682
32 395
846
(9)
(9)
35
(251)
47
(6)
2 473
Closing
balance
$’000
1 549
108
53
607
1 251
153
676
34 868
234