Annual Report of the Department of Justice for the year ended 30 June 2014



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Department of Justice

2013-14 Annual Report



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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

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.



description: description: simon overland_signature

Simon Overland


SECRETARY
DEPARTMENT OF JUSTICE

Table of Contents



Table of Contents 4

1.Introduction 5

Strategic Plan 8

Secretary’s Overview 9

2.Organisation of the Department 11

Department of Justice – Organisation Chart 12

Output Structure and Organisational Responsibility 13

3.Report on 2013-14 Targets and Initiatives 14

Report against the Key Initiatives in the 2013-14 Tasmanian Budget 14

4.Output Group 1 – Administration of Justice 16

Supreme Court Services 16

Magistrates Court Services 17

Registry of Births, Deaths and Marriages 18

Support and Compensation for Victims of Crimes 21

Legal Aid 24

Protective Jurisdictions 24

Office of the Anti-Discrimination Commissioner 26

Electoral Services 27

Tasmanian Industrial Commission 28

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 46

6.Output Group 3 - Corrections, Enforcement and Consumer Protection 50

Corrective Services 50

Tasmania Prison Service 50

Community Corrections 61

Return to Corrections 71

Monetary Penalties Enforcement Service 73

Consumer Affairs and Fair Trading 77

Building Standards and Occupational Licensing 89

8.Output Group 4 - Regulatory and Other Services 98

WorkSafe Tasmania 98

Tasmanian Planning Commission 102

Supervision of Poppy and Hemp Crops 103

State Architect 107

9.Corporate Support and Strategy 108

Finance Branch 108

Human Resources Branch 109

Strategic Systems Branch 111

Information Technology Services Branch 112

Communications and Executive Support Branch 112

11.Climate Change 114

Energy Use 114

Transport 114

Minimise Waste 115

Procurement 115

Education and Awareness 116

Report on Activities for 2013-14 116

12. Police Powers (Public Safety) 118

13.Right to Information 119

14.Public Interest Disclosures 120

15.Legislation Administered by the Department 121

Attorney-General and Minister for Justice 121

Minister for Corrections 126

Treasurer 127

Minister for Planning and Local Government 128

16.Departmental Publications 129

Publications 129

Other Departmental Information 130

17.Staffing Information 133

18.Senior Officers of the Department at 30 June 2014 138

19.Superannuation Certificate 140

20.Reporting Requirements 141

Legislative Reporting Requirements 141

Reports of Statutory Officers 141

Other Reporting Requirements 141

21.Location of Services 143

22.Contracts and Consultancies Awarded 145

24.Debts, Loss and Damage 148

Debts written off 148

Loss and Damage 148

25.Financial Statements 149

Statement of Certification 150

Statement of Comprehensive Income for the year ended 30 June 2014 153

Statement of Financial Position as at 30 June 2014 154

Statement of Cash Flows for the year ended 30 June 2014 155

Statement of Changes in Equity for the year ended 30 June 2014 156

Notes to and forming part of the Financial Statements for the year ended 30 June 2014 157




  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.

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.

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

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.

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.



description: description: simon overland_signature

Simon Overland



Secretary

  1. 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 – 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 Anti-Discrimination Commissioner

Tasmania Prison Service

Human Resources



Tasmanian Planning Commission

Courts

Magistrates Court
Supreme Court

Monetary Penalties Enforcement Service

Finance


WorkSafe Tasmania


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

Community Corrections


Information


Strategic Legislation and Policy

Office of the Public Guardian

Consumer Affairs and Fair Trading

Communications and Executive Support




Legal Aid Commission

Building Standards and Occupational Licensing







Births, Deaths and Marriages










Victims Support Services










Library Services










Tasmanian Electoral Commission




Denotes administrative support only, independent statutory body.



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