Department of Justice
Annual Report
2012–13
1
The Victorian Department of Justice acknowledges Aboriginal and Torres Strait Islander
people as the Traditional Custodians of the land. The department also acknowledges and
pays respect to their Elders, past and present.
Published by the Strategic Communication Branch, Victorian Government Department of
Justice, Melbourne, Victoria, Australia.
October 2013
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2
Contents
Contents ........................................................................................................................................................... 3
Justice ministers ........................................................................................................................ 5
Secretary’s foreword .................................................................................................................. 6
About us ..................................................................................................................................... 7
Who we are ..................................................................................................................................................... 7
What we do...................................................................................................................................................... 7
Our focus .......................................................................................................................................................... 7
Organisational chart as at 30 June 2013 .............................................................................................. 8
Year in review ............................................................................................................................ 9
Continuing reform ........................................................................................................................................ 9
Working in partnership ............................................................................................................................. 9
Improving access to services ..................................................................................................................10
Delivering justice infrastructure ..........................................................................................................10
Output performance ................................................................................................................. 12
1. Lead whole-of-government policing and community safety ................................................ 13
Overview ........................................................................................................................................................13
Laws targeting criminal organisations .......................................................................................................... 13
Police reform ............................................................................................................................................................. 13
Making the rail network safer ............................................................................................................................ 14
Bail amendments ..................................................................................................................................................... 14
Addressing violence against women and children .................................................................................. 16
Output results: Public safety and crime reduction .......................................................................17
Policing services ....................................................................................................................................................... 17
2. Manage correctional facilities and programs to rehabilitate prisoners and offenders and
increase the safety of individuals and families ........................................................................ 19
Overview ........................................................................................................................................................19
Community Correction Order ............................................................................................................................ 19
Electronic monitoring ............................................................................................................................................ 20
Building new infrastructure ............................................................................................................................... 20
Abolition of suspended sentences .................................................................................................................... 21
Parole reforms .......................................................................................................................................................... 21
Output results: Enforcing correctional orders ...............................................................................23
Prisoner supervision and support ................................................................................................................... 24
Community-based offender supervision ....................................................................................................... 24
3. Lead whole-of-government emergency management to minimise adverse effects to the
community ............................................................................................................................... 26
Overview ........................................................................................................................................................26
Reforming emergency management ............................................................................................................... 26
Bushfire Buy-back Scheme .................................................................................................................................. 26
Improving emergency services communications .................................................................................... 27
Emergency Alert ....................................................................................................................................................... 27
Improving emergency management performance ................................................................................... 28
Reviewing Victoria’s emergency performance ........................................................................................... 29
Output results: Supporting the state’s fire and emergency services .......................................30
Emergency management capability ................................................................................................................ 30
4. Provide excellence in service delivery ................................................................................. 32
Overview ........................................................................................................................................................32
Partnering with the Koori community ........................................................................................................... 32
Koori Inclusion Action Plan – delivering Mingu Gadhaba ..................................................................... 32
3
Graffiti Removal Program .................................................................................................................................... 33
Strengthening the Working with Children Act ........................................................................................... 34
Supporting victims of crime ................................................................................................................................ 34
Enforcing taxi drivers’ fines ................................................................................................................................ 35
Community crime prevention ............................................................................................................................ 36
Output results: Community operations ..............................................................................................37
Infringement and orders management .......................................................................................................... 37
Community safety and crime prevention ..................................................................................................... 38
5. Ensure responsible regulation ............................................................................................. 40
Overview ........................................................................................................................................................40
Consumer protection ............................................................................................................................................. 40
Protection for retirement village residents ................................................................................................. 40
Rooming house reform.......................................................................................................................................... 40
Improved access to services ............................................................................................................................... 42
Reduced red tape ..................................................................................................................................................... 42
Victoria’s new gambling industry structure ................................................................................................ 42
Reducing the alcohol and drug toll .................................................................................................................. 43
Victorian Responsible Gambling Foundation.............................................................................................. 43
Victorian Racing Industry Fund ........................................................................................................................ 43
Racing integrity ........................................................................................................................................................ 44
Output results: Protecting consumers ................................................................................................44
Promoting and protecting consumer interests .......................................................................................... 45
Output results: Gambling and liquor regulation and racing industry development.........45
Gambling and liquor regulation and racing industry development .................................................. 46
Overview ........................................................................................................................................................48
Jury directions ........................................................................................................................................................... 48
Courts and tribunals service ............................................................................................................................... 48
Court for Kilmore East bushfire hearings ..................................................................................................... 49
Improving court facilities and security .......................................................................................................... 49
Redesign of the Registry of Births, Deaths and Marriages ................................................................... 49
Reforming civil justice ........................................................................................................................................... 50
Moving towards a child-friendly legal system ............................................................................................ 50
Responding to institutional child sexual abuse .......................................................................................... 50
Tougher sentences for gross violence offences .......................................................................................... 51
Freedom of Information Commissioner ........................................................................................................ 51
Improving Freedom of Information times ................................................................................................... 51
Output results: Dispensing justice .......................................................................................................52
Court matters and dispute resolution ............................................................................................................ 52
Public prosecutions ................................................................................................................................................ 54
Output results: Legal support to government and protecting the rights of Victorians ....55
Legal policy, advice and law reform ................................................................................................................ 55
Protecting community rights.............................................................................................................................. 56
Privacy regulation ................................................................................................................................................... 58
Supporting the judicial process ......................................................................................................................... 58
State electoral roll and elections ....................................................................................................................... 59
7. Ensure the integrity of the Public Sector ............................................................................. 61
Overview ........................................................................................................................................................61
Independent Broad-based Anti-corruption Commission ...................................................................... 61
Victorian Inspectorate ........................................................................................................................................... 61
Public Interest Monitors ....................................................................................................................................... 62
Output results: Public Sector integrity ..............................................................................................62
Anti-corruption and Public Sector integrity ................................................................................................ 62
Five-year financial summary and review of financial conditions ............................................. 64
Disclosure of grants and other transfers (other than contributions by owners) ....................... 65
4
Justice ministers
Dear ministers
Annual Report 2012–13
In accordance with the Financial Management Act 1994, I am pleased to present the
Department of Justice Annual Report for the year ended 30 June 2013.
Yours sincerely
Greg Wilson
Secretary Department of Justice
October 2013
The Hon. Dr Denis Napthine
Premier
Minister for Racing
The Hon. Robert Clark MP
Attorney-General
The Hon. Kim Wells MP
Minister for Police and Emergency Services
Minister for Bushfire response
The Hon. Edward O’Donohue MP
Minister for Liquor and Gaming Regulation
Minister for Crime Prevention
The Hon. Heidi Victoria MP
Minister for Consumer Affairs
5
Secretary’s foreword
The Department of Justice leads the delivery of justice services in Victoria. In my first annual
report as Secretary, I am pleased to report that in 2012–13 the department has continued to
work toward delivering a safe, just, innovative and thriving Victoria.
This annual report outlines the breadth and variety of work that our staff do and includes
some stories from members of the community who have been helped by the department over
the year.
Community safety has continued to be a major focus for the department. Activities over the
year included strengthening the Community Correction Order through new conditions and
powers, introduction of statutory minimum sentences for offences of gross violence,
expansion of electronic monitoring and responding to family violence. The third phase of the
Aboriginal Justice Agreement was also launched, continuing efforts to reduce overrepresentation of Koories in the criminal justice system.
Significant reforms to the parole system began in 2012–13, including the automatic
cancellation of parole for serious violent offenders or sex offenders convicted of a further
violent or sex offence. Information-sharing between Victoria Police, Corrections Victoria and
the Adult Parole Board has also been improved and streamlined. The Callinan Review,
released on 20 August 2013, recommended further reforms. Over the coming year, the
department will work with the government to further strengthen the Victorian parole system.
During the course of the year, the department maintained its commitment to delivering
efficient, effective services to the community, for example supporting local community
prevention initiatives with $11.4 million in grant funding, answering more than 400,000 calls to
the Consumer Affairs Victoria Helpline, advancing emergency management reforms,
establishing the Victorian Responsible Gambling Foundation and opening four new Justice
Service Centres across Victoria.
I would like to acknowledge the contribution of Dr Claire Noone, who acted as Secretary for
nine months before I was appointed in April 2013.
The achievements outlined in this report have been made possible by the efforts of many
committed staff and volunteers across the portfolio. I thank them for their continued
professionalism and dedication to serving the Victorian community.
Greg Wilson
Secretary Department of Justice
6
About us
Who we are
The Department of Justice leads the delivery of justice services in Victoria.
The department’s overarching vision is for a safe, just, innovative and thriving Victoria.
What we do
The department provides justice-related services to the community and leads the smooth
operation of the justice system in Victoria. This is done through the oversight of eight
portfolios:
 Attorney-General
 Police and Emergency Services
 Bushfire Response
 Liquor and Gaming Regulation
 Corrections
 Crime Prevention
 Consumer Affairs
 Racing.
The department has productive partnerships with more than 60 statutory entities and the
support of more than 90,000 volunteers.
The department’s extensive service delivery responsibilities range from managing the
Victorian prison system to giving consumer information and enforcing court warrants. The
department also manages the development of a range of laws, develops and implements
policy and regulation in areas across the portfolio (such as in gaming, liquor, racing and
emergency management) and aims to ensure that all elements of the justice system – such
as police, the courts, corrections and support to victims – are working efficiently and
effectively. The department delivers its services through a regional model with eight regions
delivering services across the state.
Our focus
The department’s focus is to provide:
 safer communities
 a responsive, efficient justice system
 well-equipped, engaged emergency services
 responsible, balanced regulation
 excellence in service delivery.
7
Organisational chart as at 30 June 2013
8
Year in review
During 2012–13, the Department of Justice has continued to deliver reform in a number of
key areas, enhanced its service delivery and improved infrastructure in the prison and court
systems.
Below is a summary of the department’s highlights and achievements for the year.
Continuing reform
The department continued a major reform of the state’s emergency management
arrangements, with legislative development underway to implement these reforms.
In addition, work continued on the Bushfire Buy-back Scheme with assessments of 198
landowner applications for government acquisition of Victorian properties affected by the
2009 bushfires.
Sentencing reform progressed during 2012–13 in line with community expectations.
Suspended sentences will no longer be available for any offence heard in the Supreme or
County courts from September 2013 and in the Magistrates’ Court after September 2014. The
single flexible Community Correction Order was introduced in 2012. This order provides
judges and magistrates with a flexible sentencing option for use in circumstances where they
deem it appropriate that an offender remain in the community while addressing their offending
behaviour.
The Community Correction Order has been strengthened further in 2012–13 with new
conditions and powers. These include a bond condition, whereby the offender pays a bond
which may be forfeited if they fail to comply with the order and powers for Corrections Victoria
to impose a fine or other obligation on offenders for non-compliance. Legislation was also
passed to give the Supreme and County courts powers to impose electronic monitoring of an
offender’s compliance with a condition of a Community Correction Order.
The expansion of electronic monitoring means that in addition to serious sex offenders on
post-sentence orders a broader range of offenders, including those on parole, may be
electronically tracked to monitor their compliance with curfews and geographical restrictions.
The first stage of the jury directions legislative reforms also commenced. The Jury Directions
Act 2013 creates a new framework for the giving of jury directions, and encourages shorter,
simpler and more useful directions which will enhance community confidence in jury verdicts.
A major restructure of the gaming industry was completed which allows hotels and clubs with
gaming machine entitlements more control over the way they run their gaming businesses.
The department also assisted in the establishment of four new independent bodies to
strengthen the existing integrity regime.
Working in partnership
The department collaborated with Victoria Police, the Magistrates’ Court and the community
to strengthen the justice response to family violence in the face of continually increasing
demand. The Community Crime Prevention Unit also funded a number of initiatives aimed at
reducing violence against women and their children across the state.
The third phase of the Aboriginal Justice Agreement was launched on 13 March 2013. This is
a formal agreement between the Victorian Government and the Koori community to work
together to improve justice outcomes for Koories.
In 2013, the Registry of Births, Deaths and Marriages began redesigning its structure – using
a collaborative co-design process – to ensure that it remains responsive to community needs.
Consumer Affairs Victoria worked with the retirement village and rooming house industries to
help them adapt to new laws, and launched further campaigns to raise awareness in the
community about the techniques used by scammers.
9
Improving access to services
The department launched its new website (justice.vic.gov.au) in May 2013. The new site is
service-oriented and task-focused, providing the public with quick and easy access to the
department’s services and information by grouping the department’s complex portfolio into
four key areas: the justice system, licences and certificates, your rights and safer
communities. The site’s development and design included extensive community consultation,
research and testing to assess user needs.
Consumer Affairs Victoria also improved access to services through an expansion of its digital
channels. Consumers and businesses can obtain information where and how they want it. Its
remodelled website went live in March 2013 and had more than 1.6 million visits in 2012–13.
The department’s regional model delivers services to the community including sheriff’s
operations, community correctional services, consumer and business services, dispute
settlement services and applications for birth, death and marriage certificates.
These services are provided at 50 locations across the state, including 19 stand-alone
community correctional services reporting centres and many one-stop shops. In addition to
the permanent department locations, the Justice Bus, which brings together the full range of
justice services, regularly visits remote and rural communities.
Four new Justice Service Centres were opened this year in Mildura (Loddon Mallee region),
Werribee (West Metropolitan region), Rosebud (South East Metropolitan region) and
Wangaratta (Hume region).
Delivering justice infrastructure
The department has committed funding to 1,400 new male prison beds since 2011–12. Key
achievements in 2012–13 included the opening of 108 new medium-security prison beds,
construction of 84 extra women’s beds at the Dame Phyllis Frost Centre and the opening of a
new 118-bed unit at Port Philip Prison.
Planning and development started on a new men’s prison located at Ravenhall in
Melbourne’s west. The facility will be built and operated by the private sector and construction
is expected to be completed by late 2017. Expressions of interest from experienced
companies for the development and operation of the new prison were invited in June 2013.
In response to community demand, the department opened a new court in March 2013 for
Victoria’s largest-ever class action trial – the Kilmore East-Kinglake bushfire class action. In
April 2013, a new purpose-built facility designed to hold child protection conferences was
officially opened.
10
Figure 1: The Justice Bus parked in front of Ararat Town Hall this year to provide justice
services to the locals who attended a jobs expo in the hall.
Community safety
Square metres of graffiti removed
363,818
Working with Children Check cards issued
262,689
Emergency Alert messages sent
More than 111,000
Services for Victorians
Clients assisted at Justice Service Centres
Calls to Victims of Crime Helpline
Number of victims assisted by the Victims Assistance and
Counselling Program
Births, Deaths and Marriages: number of certificates issued
25,491 each month
10,571
6,061
397,018
Policy and regulatory activities
Number of Acts administered – Justice Portfolio
Number of government Bills passed by parliament
Visits to Department of Justice website
Total disputes finalised by Consumer Affairs Victoria
Total residential tenancies bond transactions
206
39 DOJ (of 85 Bills)
1,143,273
15,676
406,500
11
Output performance
This section reports on the delivery of the department’s strategic priorities, including details of
key projects, achievements and performance against costs and targets specified for the
department in the 2012–13 Victorian Budget.
For budget purposes, outputs are defined as those goods and services provided to
government by the department, its agencies and statutory bodies. The budget papers present
the outputs in groups according to the similarity of their purposes.
The department’s output reporting outlines the nature and purpose of each of the output
groups and their contribution to justice policy objectives. The tables report actual performance
against the budget estimates and targets for each output and key performance indicator.
Corresponding data for the two previous years is included, where available, for the purpose of
comparison. The symbol ‘nm’ is used to indicate where a new measure has been introduced
for which performance has not previously been reported. Where appropriate, commentary is
provided on the factors influencing performance over the past three years.
A specific explanation is provided for significant variations between the 2012–13 targets and
actuals, particularly where performance was 10 per cent more or less than the target.
12
1. Lead whole-of-government policing and
community safety
Objective: Lead whole-of-government policing and community safety
Output: Policing services
Output group: Public safety and crime reduction
Overview
The department aims to provide a safe and secure environment for the community.
Policing services are delivered by Victoria Police and business units within the department, as
well as a range of providers and statutory entities operating within the broader Justice
Portfolio.
Laws targeting criminal organisations
Criminal organisations pose a serious threat to public safety. They engage in a range of
criminal activities and their significant resources and organisational capabilities help them
resist traditional law enforcement methods. The government is working to provide police with
new ways to address serious organised crime.
The department worked in 2012–13 to develop and implement laws to outlaw criminal
organisations and enable the removal of fortifications from premises used to further or protect
criminal activity.
The Criminal Organisations Control Act 2012 commenced on 13 March 2013, allowing the
Supreme Court to make orders to disrupt the activities of criminal organisations and their
members. This includes prohibiting the continued operation of such organisations or gangs,
banning gang membership and association between gang members, and prohibiting the
wearing of gang patches and insignia. The scheme recognises and complements similar
schemes in other states.
The Fortifications Removal Bill 2013 was introduced to parliament in April and passed in
September 2013. The Bill will allow the Chief Commissioner of Police to apply to the
Magistrates’ Court for an order that fortifications which impede access to premises beyond
what is reasonably necessary for legitimate security be removed or modified where satisfied it
has been erected to protect or further criminal activity.
These new laws enable law enforcement authorities to better combat the threat of criminal
organisations in the state and send a clear message that such groups are not welcome in
Victoria.
Police reform
The department worked closely with Victoria Police to reform the legislative framework under
which Victoria’s police operate. The first part of the reform delivered in 2012–13 was the
passage of the Police Regulation Amendment Act 2012, which will lead to more efficient
delivery of police services.
The Act establishes a Police Registration and Services Board replacing the current Police
Appeals Board, which will:
allow sworn police members to take a career break by maintaining registration and probity
hear and determine all appeals and reviews
advise the Chief Commissioner on competency standards, education courses and supervised
training arrangements for police officers, protective services officers and police reservists.
13
The Act allows the Chief Commissioner of Police to compulsorily transfer a member to a
specific work location that is necessary to provide policing services.
The Act improves the efficiency of the appeals process for promotions and transfers by:
preventing the lodging of additional documents that were not available to the original panel
limiting the right of appeal to applicants for the position
only allowing a member to lodge four appeals against transfer and promotion decisions in a
12-month period
strictly limiting the time when appeals can be lodged and determined
requiring members to be available for appeal hearings.
The Act also allows the Chief Commissioner of Police to offer fixed term or part-time
appointments for specific roles or project work.
The department worked closely with Victoria Police and the Police Appeals Board to ensure
immediate implementation of these reforms. The provisions commenced on 1 July 2013.
Making the rail network safer
Protective Services Officers are being deployed on the rail system to target antisocial
behaviour, especially at night. At 30 June 2013, there were 396 Protective Services Officers
working across 53 railway stations at night. This forms part of a commitment to improve
transport user safety by recruiting 940 Protective Services Officers in Victoria.
The department played a key coordinating role with Victoria Police and Public Transport
Victoria in delivering on this major recruitment, training, deployment and infrastructure
construction program.
A 2012 survey showed strong public support for the Protective Services Officers at train
stations, with 83 per cent agreeing that officer patrolling was a good idea. In addition, the
survey found 79 per cent of train users would seek help from a Protective Service Officer if
they felt unsafe.
Bail amendments
The Bail Amendment Bill 2013 was introduced to parliament in April and passed in August
2013. The Bill introduces penalties for those who commit further crimes while on bail or
breach their bail conditions.
The new laws will make it an offence to breach bail conditions, with a penalty of up to three
months in jail or a fine of up to $4,200. Offenders who commit an indictable offence while on
bail will be liable for the same penalty, on top of the sentence imposed for the indictable
offence itself.
The legislation sets out a range of restrictions that an alleged offender may be required to
agree to if released on bail, including curfews, no-go zones, residence requirements and noncontact conditions. It will end ‘bail shopping’ as any further applications for bail must be heard
by the same judge or magistrate where practicable.
In addition, applications to vary bail conditions, or to be granted bail after bail has been
refused, will require three days notice to be given to the police informant and the prosecution
unless the court or the parties agree otherwise.
The legislation is expected to commence in late 2013.
14
Taking a stand against bullying
The department launched its Take a Stand Against Bullying campaign to raise
awareness of Victoria’s anti-bullying law. Named after Brodie Panlock, a young
Victorian who took her life following relentless bullying at work, Brodie’s Law makes
serious bullying a criminal offence.
One year on from the introduction of Brodie’s Law, Brodie’s parents Damian and
Rae Panlock joined with the Department of Justice in urging Victorians across the
state to take a stand against bullying.
As part of the Take a Stand Against Bullying campaign, Mr and Mrs Panlock spread
the message to the community that bullying behaviour will not be tolerated and to
report such behaviour to the authorities. During 2012–13, information about bullying
and Brodie’s Law was sent to schools, higher education institutes, workplaces,
police stations and community organisations across Victoria.
‘We are both proud to have been part of the campaign and to have worked closely
with the department to send a strong anti-bullying message to the community,’ Mrs
Panlock said.
‘Telling Brodie’s story is very hard but we felt we were supported and relished the
opportunity to get out into the community and talk about bullying,’ she said.
In June 2013, Mr and Mrs Panlock announced a partnership with The Alannah and
Madeline Foundation, the leading national not-for-profit organisation protecting
children from violence, with a focus on reducing bullying in workplaces across the
whole of Australia.
Mr Panlock said, ‘The work we have done together with the Department of Justice
has helped us achieve our aim of continuing to educate people about the huge
problem of bullying in the community. We are excited about the opportunity to
continue Brodie’s legacy by protecting all young people from bullying and violence in
the workplace.’
The department worked with the Victorian Employers, Chamber of Commerce and
Industry, Department of Education, Lifeline and Victoria Police to deliver the
campaign.
Figure 2: Take a stand against bullying poster
15
Figure 3: Damian and Rae Panlock at the Grampians launch of the take a stand
against bullying campaign.
Addressing violence against women and children
The department is working closely with Victoria Police, the Magistrates’ Court and the
community to strengthen the justice response to family violence in the face of
increasing demand.
Victoria’s Action Plan to address violence against women and children – ‘Everybody has a
responsibility to act’, was released in October 2012. This plan included commitments to
provide swifter justice in family violence matters and stronger accountability for perpetrators.
The Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 was
passed by the Victorian Parliament on 11 December 2012. It contains four key amendments
to the Family Violence Protection Act 2008 to increase safety for those subject to family
violence and enhance perpetrators’ accountability for their actions.
The Act creates new indictable offences in relation to breaches of family violence intervention
orders or police-issued family violence safety notices.
This legislative change includes:
 amending the Family Violence Protection Act to create indictable offences that target
cases involving multiple contraventions of a family violence intervention order or a police
issued family violence safety notice where a contravention is particularly egregious
 extending the operation of Family Violence Safety Notices to 120 hours, providing women
and children increased protection
 expanding the number of courts that can order participation in a men’s behaviour change
program to encourage perpetrators to be more accountable for their behaviour.
An increase in funding of $2 million over four years has been allocated to increase the
number of people who can be assisted through court-ordered men’s behaviour change
programs in response to the new legislation. Planning commenced in 2012–13 to identify
which courts, in addition to current venues, will be able to order attendance at these
programs.
The department is also funding 12 projects under a $7.2 million grants program to help
prevent violence against women and children, which is outlined in the chapter ‘Provide
excellence in service delivery’.
16
Alcohol-related violence and young adults campaign
Be A Wingman is an anti-violence campaign that delivers community safety
messages directly to young adults across Victoria. The campaign focuses on
working with community groups and clubs to engage with young people to highlight
the importance of them taking responsibility for themselves and their friends when
out having a good time and how to avoid potentially violent situations.
The campaign includes partnerships with the AFL Coaches Association, Netball
Victoria and Surfing Victoria providing grassroots support to reach young people
statewide.
The success of these partnerships was highlighted in late 2012 during the
successful Wingman Off-Field/Court Champion awards program. The awards, now
in the second year, recognise grassroots football and netball players who
demonstrate leadership behaviour off the field or court.
This community approach and sustained support from our campaign partners has
been vital to help address the issue of alcohol-related violence among young
people.
The awards program is being rolled out to more than 300 clubs across 16 amateur
football leagues across the state. Nearly 2,000 people have taken the pledge to Be
A Wingman.
Output results: Public safety and crime reduction
This output contributes towards enabling individuals and families to undertake their lawful
pursuits confidently, safely and without fear of crime.
Victoria Police significantly contributes to this outcome by striving to reduce violence and
crime through law enforcement, judicial support, community assistance, guidance and
leadership.
This output group contributes to the department’s objective to lead whole-of-government
policing and community safety.
Policing services
Victoria Police delivers a range of services including:
 detection and investigation of offences and bringing to justice those responsible for
committing them
 supporting the judicial process to achieve efficient and effective court case management,
providing safe custody for alleged offenders and ensuring fair and equitable treatment of
both victims and alleged offenders
 responding to calls for assistance in matters of personal and public safety, including
emergencies, serious incidents and routine response calls
 providing community safety and crime prevention programs such as the authorised
release of criminal history information in the interests of public safety
 promoting safer road user behaviour and enforcing road safety laws.
These law enforcement services aim to prevent, detect, investigate and prosecute crime, and
promote safer road user behaviour. They reflect the government’s focus on reducing the
overall incidence and fear of crime and enhancing the safety of individuals and families.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
17
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Criminal history checks conducted to
contribute
to community safety
number
490,000
481,945
557,401
493,200
Community calls for assistance to which a
Victoria Police response is dispatched
number
780,000
884,3801
811,930
776,840
Reductions in crime against the person
(rate per 100,000 population)
per cent
1.0
5.4
nm
nm
Reduction in crimes against property
(rate per 100,000 population)
per cent
1.0
2.9
nm
nm
Number of alcohol screening tests
conducted
number
1,100,00
0
1,098,83
1
nm
nm
Number of prohibited drug screening tests
conducted
number
25,700
23,245
nm
nm
Proportion of community satisfied with
policing services (general satisfaction)
per cent
70.0
78.2
75.9
73.0
Proportion of the community who have
confidence in police (an integrity indicator)
per cent
83.0
86.0
85.1
84.1
Proportion of drivers tested who comply
with alcohol limits
per cent
99.5
99.8
99.8
99.7
Proportion of drivers tested who comply
with posted speed limits
per cent
99.5
99.9
99.8
99.8
Proportion of drivers tested who return clear
result for prohibited drugs
per cent
98.0
96.2
96.0
97.9
Proportion of successful prosecution
outcomes
per cent
92.0
92.3
93.0
91.6
Proportion of crimes against the person
resolved within 30 days
per cent
54.0
36.52
55.0
53.1
Proportion of property crime resolved within
30 days
per cent
21.0
19.3
18.8
19.7
$ million
2,107.6
2,144.3
2,092.9
1,959.7
Quantity
Quality
Timeliness
Cost
Total output cost
Commentary on performance
1. The actual is above target due to the expansion in the use of computer aided dispatch
beyond the Melbourne and Geelong area in November 2012.
2. The actual is below target due to a change in counting rules for this measure, arising from
the implementation of an Office of Police Integrity recommendation to remove the Intent to
Summons offences from the ‘actual‘ result.
18
2. Manage correctional facilities and programs
to rehabilitate prisoners and offenders and
increase the safety of individuals and families
Objective: Manage correctional facilities and programs to rehabilitate prisoners and offenders
and increase the safety of individuals and families
Output: Prisoner supervision and support
Output: Community-based offender supervision
Overview
In 2012–13, the department supported the government’s continued expansion of prison
capacity, including starting work on a new prison at Ravenhall in Melbourne’s west and
continuing to implement the government’s sentencing reforms.
Community Correction Order
The government introduced a new single, flexible Community Correction Order in January
2012. The Community Correction Order is designed to intervene in the lives of offenders
before they graduate to serious crime, and allow sentences to be tailored to the
circumstances of the offender and the offence.
The Community Correction Order conditions reflect the circumstances of the case and the
offender concerned to prevent reoffending and protect the community. The conditions include:
 up to 600 hours of community work
 curfews and no-go zones
 restrictions on association and where an offender lives
 rehabilitation and treatment options that can be tailored to meet the specific requirements
of each offender and offence.
The Sentencing Amendment (Community Correction Reform) Act 2011 provided the courts
with a broad range of strong and effective new powers to target the seriousness of offending
and ensure that offenders repay the community for the harm they have done.
The Community Correction Order continued to be strengthened during 2012–13 with new
conditions and powers.
Since 1 May 2013, the courts have been able to impose a monetary bond on the order. This
is an added incentive for the offender to comply with their Community Correction Order. The
bond can be forfeited if the order is breached.
Corrections Victoria staff will also gain new powers to impose a fine or administrative
sanctions on offenders who are not complying with their orders. Since 30 June 2013, for less
serious non-compliance, offenders could be fined one penalty unit, directed to perform up to
16 hours of additional community work, or have their existing curfew extended by either two
hours per day or for an additional two weeks.
These reforms are part of the continuing commitment to provide judges and magistrates with
the tools, discretion and flexibility they need to sentence offenders, while at the same time
ensuring that sentencing laws reflect community expectations.
Initial results show that:
 as at 30 June 2013, 13,020 Community Correction Orders had been registered
19
 the courts are making good use of new restrictive conditions – as at 30 June 2013, 607
conditions had been attached to 480 orders. Alcohol exclusion zones, non-association and
place exclusion have been used most frequently
 as at 30 June 2013, judicial monitoring had been imposed on 1,507 occasions, enabling
the court to be involved in monitoring the progress of these cases through regular review
hearings.
Electronic monitoring
This year the use of electronic monitoring to better track offenders and protect the community
from dangerous offenders was expanded.
Legislative amendments were made to allow offenders on parole to be electronically
monitored from May 2013.
Further legislative changes in 2012–13 gave the higher courts the power to impose electronic
monitoring for offenders on Community Correction Orders.
This means that, in addition to serious sex offenders on post-sentence orders, curfews and
geographical restrictions will be electronically monitored for a broader range of offenders.
The department signed a contract with G4S Custodial Services in May 2013 to deliver new
electronic monitoring technology for the next three years, which began operation in July 2013.
GPS technology will be available for the first time in Victoria under this contract. In an
Australian first, ankle bracelets also have the capability to continuously monitor alcohol
content, allowing them to be used to monitor offenders whose conditions include alcohol
bans.
Building new infrastructure
The department is implementing the government’s commitment to improve community safety
and expand capacity in the Victorian prison system. In 2012–13, 392 new prison beds were
opened. At 30 June 2013, construction was underway for a further 887 beds. With the
announcement in September 2013 of 500 extra beds at Ravenhall, there are a further 1,140
beds in the pipeline.
Key achievements in 2012–13 included:
 the opening of 108 medium security beds - 54 at Dhurringile and 54 at Langi Kal Kal
 the completion of construction of 84 extra beds at the Dame Phyllis Frost Centre
 the opening of a new 118 bed unit at Port Phillip Prison.
Work continued on the new 1,000-bed medium security prison at Ravenhall. The facility, in
Melbourne’s west, will be built and operated by the private sector. Expressions of interest
were invited from experienced companies for the development and operation of the new
prison in June 2013.
Of the 395 additional beds funded in the 2012–13 Victorian Budget, construction has already
started on a 118-bed unit at the maximum security Port Phillip Prison and a new 152-bed
restricted minimum facility at Loddon Prison.
Works started in May 2013 on a 100-bed unit at the maximum security Metropolitan Remand
Centre, and design and tendering requirements are being developed for a 100-bed restricted
minimum facility at the Marngoneet Correctional Centre.
Further funding was provided in the 2013–14 Victorian Budget to build a new 40-bed high
security unit at Barwon Prison and upgrade the existing Banksia management unit.
The Hopkins Correctional Centre 350-bed expansion project is being built and will be
maintained by the private sector. It will be operated by Corrections Victoria. Construction is
contracted to be completed by late 2014.
20
Abolition of suspended sentences
The Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
will abolish all remaining suspended sentences.
Suspended sentences for a range of serious crimes were abolished on 1 May 2011 by the
Sentencing Further Amendment Act 2011. The Act will abolish suspended sentences for all
remaining offences in two stages. Suspended sentences will no longer be available for any
offence in the Supreme and County courts from 1 September 2013 and in the Magistrates’
Court no later than September 2014.
Suspended sentences allow offenders to live in the community without any restrictions. Their
removal means that courts will instead impose a jail sentence when a person should be
imprisoned or a Community Correction Order when the offender should be allowed to remain
in the community.
Regional disaster recovery
The department’s Hume Region went into disaster response mode after a tornado
left a trail of destruction through north-east Victoria and bordering towns in New
South Wales on 21 March 2013.
Following a successful partnership established through flood recovery work in 2012,
the Moira Shire and the Hume Region developed shared processes for responding
to disasters. These arrangements were put into action to manage the extensive
damage caused by the tornado.
Immediately after the tornado struck, the shire contacted the Hume Region seeking
assistance with urgent recovery and subsequent rebuilding work. The regional team
assessed the type of help needed and developed and deployed a response within
24 hours.
The disaster recovery action included:
 working collaboratively with local municipal staff and community representatives
in a number of shires
 local case managers working directly with community corrections offenders to
identify suitable offenders and encouraging them to attend additional weekend
community work
 redeploying planned prison work teams.
In the weeks following the tornado, the region continued to contribute to the disaster
recovery response. The community response to the department’s work was
overwhelmingly positive.
The work of the disaster recovery teams has provided an important opportunity for
offenders and prisoners to give back to the community while learning new skills and
make a lasting contribution to the affected communities.
A Community Correction Order can include optional conditions such as unpaid community
work, treatment and rehabilitation, curfews, exclusion zones and non-association conditions.
Parole reforms
In 2012–13 the Government implemented significant reforms to the Victorian parole system.
These changes, which reflect the community’s expectation that parole is a privilege, not a
right, and that community safety is paramount, make the parole system the toughest
in Australia.
21
On 30 April 2013, the first reforms were implemented. These reforms clarified the Adult
Parole Board’s powers to cancel parole upon conviction for further offending during the parole
period, and improved information sharing between the board, Corrections Victoria and
Victoria Police.
In May, the Justice Legislation Amendment (Cancellation of Parole and Other Matters) Act
2013 commenced. This legislation makes cancellation of parole automatic for serious violent
and sex offenders convicted of further sexual or violent offences, with a presumption of
cancellation when they are charged.
In June 2013, legislation was introduced into the Victorian Parliament to make breach of
parole a criminal offence, where offenders convicted of this offence will be subject to a jail
sentence of up to three months or a fine of up to $4,200, or both. The legislation also gives
police new powers to arrest and detain parolees who have committed the offence of breach of
parole.
In May 2013, the Government commissioned former High Court Judge Justice Ian Callinan to
undertake a review of the construct, membership and operation of the Adult Parole Board. Mr
Callinan’s report was published on 20 August 2013, and the department has commenced
work on implementation of the Callinan recommendations, including the preparation of
legislation that was introduced in September 2013.
Corrections Victoria continues to work closely with Victoria Police, the Adult Parole Board and
Courts to implement these reforms.
Figure 4: Offenders on court-imposed orders helping to improve local parks.
22
Giving back to the community
Food donation charity A-Gesture has teamed up with the Department of Justice in a
project to feed people in need – and give offenders a qualification. A-Gesture, based
in Sunshine West, Melbourne, works in partnership with local supermarkets to pick
up fruit, vegetables and other food that is not sold but may still be edible.
The unsold food is sorted and boxed for distribution to about 600 people a month
who are struggling to feed themselves and their families. Sorting through 3,000
kilograms of food every day is labour intensive work – and that is where the
department’s Community Work Program comes in. Laura Daffy, from A-Gesture
said, ‘The offenders sort out the food, make sure it is alright and good quality, and
put it into hampers for the agencies to distribute.’
The partnership provides an opportunity for offenders to obtain formal skills and
qualifications in warehousing. Ms Daffy said ‘We find that people who have come
through the program have gone on to get work in warehouses based on the work
they have done here.’
‘The team at the Community Work Program has been fantastic, they are a bunch of
people that just get things done. If we are running low on help I will make a call and
they will refer more people.’
The program runs from 10 am to 4 pm each Sunday for eight to 10 offenders.
Benefits of community work
Community Correctional Services manages and supervises offenders in the
community that are serving court-imposed orders as an alternative to imprisonment
or as a condition of their release on parole from prison. The offenders report
regularly to their community corrections officer and the majority are required to
undertake unpaid community work as a condition of their order. Community work
provides offenders with the opportunity to pay back the community for their offending
behaviour and assists in their rehabilitation by developing and improving workrelated skills.
Community Correctional Services works in partnerships with a wide variety of
government and non-government organisations to develop and manage community
work programs for offenders.
Output results: Enforcing correctional orders
These outputs ensure that the sentences of the courts, and orders of the Adult Parole Board,
are implemented through the management of the state’s system of correctional facilities and
programs for the containment and rehabilitation of prisoners as well as the community-based
supervision of offenders.
These outputs reflect the government’s focus on reducing the overall incidence and fear of
crime and enhancing the safety of individuals and families.
This output group contributes to the department’s objective to manage correctional facilities
and programs to rehabilitate prisoners and offenders and increase the safety of individuals
and families.
23
Prisoner supervision and support
A key component of this output is to ensure prisoners are safely and securely contained, and
to rehabilitate offenders by addressing the underlying causes of offending behaviour. Positive
behavioural change contributes to the government’s focus on reducing the overall incidence
of crime and enhancing the safety of all Victorians.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Total annual daily average numbers of
prisoners
number 4,950–5,220
5,120
4,831
4,586
Average daily prison utilisation rate of total
prison capacity
per cent
90.0–95.0
94.5
94.8
92.4
Proportion of benchmark measures in
prison services agreement achieved¹
per cent
90.0
85.6
87.1
87.8
Rate of return to prison within two years
per cent
<39.7
36.8
35.1
nm
Rate of prisoner participation in education
per cent
>35.0
38.1
37.2
nm
Proportion of eligible prisoners in
employment
per cent
>80.5
89.1
nm
nm
$ million
691.1
642.3
594.1
534.0
Quantity
Quality
Cost
Total output cost
Commentary on performance
1. The actual is a provisional figure as at August 2013.
Community-based offender supervision
This output provides for supervision in the community of offenders on court orders. Court
orders focus on rehabilitation while ensuring offenders make suitable reparation to the
community. This is intended to help break the cycle of re-offending, and contributes to the
government’s focus on reducing the overall incidence of crime and enhancing the safety of all
Victorians.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Average daily offenders under communitybased supervision
number
7,798
7,144
6,821
6,709
Community work hours performed
number
(‘000)
850–950
604.11
713.1
795.6
Rate of return to corrective services within
two years of discharge from a community
corrections order
per cent
<25.1
22.0
21.3
nm
Offenders with a supervised order that has
been successfully completed
per cent
73.0
61.82
67.8
nm
Offenders with an unsupervised order that
has been successfully completed
per cent
61.0
64.5
51.7
nm
Quantity
Quality
24
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
per cent
95.0
93.4
93.4
94.5
$ million
123.2
114.3
95.5
85.0
Timeliness
Offenders with a treatment or personal
development program condition who have
been appropriately referred to a program
within set timelines
Cost
Total output cost
Commentary on performance
1. The actual is below target as a result of the number of community-work hours being
ordered by the courts, as well as a decline in the number of fine default orders commenced.
2. The actual is below target due to the stricter enforcement of conditions associated with
orders, including as a result of legislative changes to parole and associated changes with
community corrections case management.
25
3. Lead whole-of-government emergency
management to minimise adverse effects to the
community
Objective: Lead whole-of-government emergency management to minimise adverse effects to
the community
Output group: Supporting the state’s fire and emergency services
Output: Emergency management capability
Overview
The department oversees Victoria’s emergency management system, which is the network of
agencies working with the community to improve emergency prevention, preparedness,
response and recovery. The emergency management system also deals with the
consequences of terrorism, hazardous material incidents (such as chemical spills) and
individual personal emergencies.
Emergency management in Victoria requires cooperation among Australian, state, territory
and local governments, industry, community organisations and the broader community.
Reforming emergency management
The department led the development of the Victorian Emergency Management Reform White
Paper which was launched in December 2012.
The White Paper outlines the government’s commitment to reform Victoria’s emergency
management arrangements and provides a plan for emergency management reform over the
next 10 years that will result in more resilient and safer communities.
The reforms outlined in the White Paper include:
 establishing Emergency Management Victoria
 creating the role of the Emergency Management Commissioner, who will assume the
operational responsibilities of the current Fire Services Commissioner and oversee control
arrangements for fire, flood and other emergencies
 establishing a State Crisis and Resilience Council as the government’s peak body for
developing and coordinating emergency management policy and strategy and overseeing
its implementation
 establishing the role of Inspector-General for Emergency Management to review and
monitor the performance of Victoria’s emergency management arrangements
 establishing a consultative forum for volunteers.
The department is developing legislation to implement these reforms.
Bushfire Buy-back Scheme
The bushfires of 2009 destroyed 2,485 properties. In response to recommendation 46 of the
Victorian Bushfires Royal Commission Final Report, the government announced the buy-back
scheme.
If a landowner’s principal place of residence had been destroyed by the 2009 fires, they had
not rebuilt and the property was within 100 metres of forest, they were able to have their land
acquired by the government. The scheme enables people to settle elsewhere and ensures
the land is never redeveloped for residential use.
26
Applications to the scheme closed in May 2012 and the department received 198 requests for
acquisition. During 2012–13 these applications were assessed and 116 property owners
decided to sell.
Land acquired through the buy-back scheme is currently being managed by the Department
of Environment and Primary Industries. The majority of land will be resold with a restriction
placed on the land to ensure there will be no future residential development, in consultation
with local councils. Selling the land will mean it can be used in a way that manages the
bushfire risk (such as for grazing or farming). A small number of blocks of strategic
importance to the public estate will become Crown land and will be managed by an
appropriate body such as Parks Victoria.
Improving emergency services communications
Providing emergency services with good operational communications is critical to helping
keep the Victorian community safe. Good communications allow police and emergency
services to effectively respond to incidents and provide safer working conditions. The current
communication networks are ageing, reaching capacity and contracted services are
concluding.
The department worked with Victoria’s emergency service organisations on a plan to improve
communications infrastructure in line with the principles of the Emergency Services
Communications Strategic Framework.
The project was awarded $2.1 million funding in 2012–13 to develop a long-term strategic
plan. A final draft of the plan was completed in June 2013 for government consideration in
late 2013.
A program to replace and update ageing pagers and increase the network capacity was
started during 2012–13. In addition, a project to align the Metropolitan Mobile Radio network
with the updated Australian radio spectrum band plan was completed.
During 2012–13 all Ambulance Victoria and Victoria Police telephone call-taking and
dispatching functions were integrated into the Emergency Services Telecommunications
Authority. Victoria is now the only state to have triple zero integrated into one call-taking and
dispatching organisation.
Emergency Alert
Emergency Alert is the national telephone warning system used by emergency services to
send voice messages to landlines and text messages to mobile phones within a defined area
about likely or actual emergencies.
The Office of the Emergency Services Commissioner leads the national Emergency Alert
program. Emergency Alert messages can be sent to all landline and mobile phone customers
based on the registered service address, regardless of which phone carrier the customer
uses.
A significant milestone in the program was achieved in November 2012 with the locationbased service becoming available to Telstra mobile customers. The location-based service
enables messages to be sent to mobile phones based on the physical location of the phone
and was used in Victoria for 37 bushfire-related campaigns.
As part of the national program, the Office of the Emergency Services Commissioner is
continuing to work with Optus and Vodafone Hutchison Australia to ensure a location-based
capability will be available across all networks by the 2013–14 fire season.
27
Testing a community’s emergency response
The Gippsland township of Loch Sport stretches between Lake Victoria and Lake
Reeve, with the Lakes National Park to its east. A coastal community within
Wellington Shire, its permanent population of nearly 900 residents can swell up to
5,000 during holiday and summer periods.
Evidence from previous emergencies has shown that communities who plan and
manage their own needs before, during and after an emergency recover more
quickly and suffer less long-term effects than those communities without a plan.
Exercising how systems will operate when disaster strikes is a key requirement of
emergency management. Bushfire safety is a shared responsibility between
individuals, the community, agencies, government, the private sector and nongovernment organisations and requires a partnership approach.
In April 2013, Loch Sport residents, holiday home owners, visitors, emergency
services, community groups and local businesses were encouraged to participate in
an exercise to test effectiveness of two warning systems – the community alert siren
and the Emergency Alert national telephone warning system – as part of the
community’s emergency preparedness. Wellington Shire Council with the Country
Fire Authority led the exercise, in conjunction with representatives of six partner
organisations and local media.
More than 500 Emergency Alert telephone voice messages were issued to landlines
and more than 500 text messages to mobile phones based on service address. In
addition, using the system’s location-based capability for customers on Telstra’s
networks, nearly 1,100 text messages were issued to mobile phones in the
designated warning area.
As a result, the majority of the residents and visitors involved in the exercise
received a warning message to their landline, mobile telephone, or both, through the
Emergency Alert system. Following the exercise, nearly 900 people attended the
community hall, providing feedback on the exercise and the warning systems.
Helen Montague, Community Facilitator for Bushfire Preparedness at the Wellington
Shire Council said participants’ feedback was valuable for improving the shire’s
community safety planning. ‘As a pilot exercise driven by the community, lessons
from this will inform the development of emergency management plans across the
shire,’ she said.
Sirens and Emergency Alert are not stand-alone warning systems, but are important
tools which the emergency services use to communicate with the public. The
community must not rely on any one alerting device to receive a warning or alert.
Andrew Oldroyd of the Country Fire Authority, who was involved in the exercise,
said, ‘In the middle of an emergency situation there is not the chance to find out how
effectively the Emergency Alert system is reaching those people at risk.’
‘The Loch Sport exercise was a good test, showing positive results on how
effectively crucial messages could be communicated across a community through
Emergency Alert.’
Improving emergency management performance
The Office of the Emergency Services Commissioner is working with the emergency
management sector to develop Victoria’s emergency management performance standards.
These standards outline community and government desired outcomes and will be used to
improve the way Victoria prepares for and manages major emergencies.
28
The Office of the Emergency Services Commissioner has also been developing the Capability
Self Assessment Tool to allow emergency services organisations to assess their own
performance against the performance standards and set improvement priorities.
The tool was piloted between November 2012 and March 2013 by Victoria’s fire services
agencies, the Emergency Services Telecommunications Authority, the Victoria State
Emergency Service and 11 municipal councils.
There has been extensive consultation on the performance standards and self assessment
tool. Both tools are being refined to incorporate stakeholder feedback and will be
implemented when the Inspector-General for Emergency Management is established.
Figure 5: Exercise in Loch Sport. Photo: Wellington Shire Council.
Reviewing Victoria’s emergency performance
In 2012–2013, the Office of the Emergency Services Commissioner completed a number of
post-event performance assessments. These activities are part of the drive for continuous
improvement in the way Victoria’s emergency management is delivered.
The reports delivered in 2012–13 included:
 Report of the 2012 North East Victoria Flood Review (October 2012)
 2012 Gippsland Flood Event – Review of Warnings and Information Systems (December
2012)
 Harrietville Fire 2013 – Report to the Minister for Police and Emergency Services (May
2013).
29
Figure 6: The department works with the entire emergency services sector. Photo: Keith
Pakenham, CFA.
Output results: Supporting the state’s fire and emergency services
This output supports emergency prevention and response services provided by the
Metropolitan Fire and Emergency Services Board, Country Fire Authority and Victoria State
Emergency Service to reduce death and injury rates and to improve emergency responses.
Key strategic priorities involve emergency services working together in a coordinated manner,
developing common arrangements that apply to a range of hazards facing the community,
focusing on prevention and minimising the risk of emergencies and ensuring emergency
services work in active partnership with the community.
This output contributes to the department’s objective of leading whole-of-government
emergency management to minimise adverse effects to the community.
Emergency management capability
Delivering emergency management through:
provision of fire suppression, emergency prevention and response services in the
metropolitan fire district and in rural and regional Victoria including outer
metropolitan Melbourne
management of major natural disasters, provision of road crash rescue and support of local
government and communities in disaster prevention and mitigation
monitoring performance standards for fire and emergency services and provision of high-level
emergency management advice.
Key components of this output reduce the level of risk to the community of emergencies
occurring and the adverse effects of emergency events, such as death and injury rates.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
Quantity
30
2010–11
actual
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Permanent operational staff
number
2,683
2,733
nm
nm
Permanent support staff
number
1,634
1,524
nm
nm
Volunteers – operational
number
43,377
41,416
nm
nm
Volunteers – support
number
18,000
17,312
nm
nm
Road crash rescue accredited
brigades/units
number
131
130
nm
nm
Level 3 Incident Controller trained staff
and volunteers
number
129
138
nm
nm
Structural fire confined to room of origin
per cent
80.0
81.0
nm
nm
Advice meeting internal benchmarks
per cent
95.0
95.0
96.0
96.0
Municipal customer satisfaction
per cent
85.0
94.01
94.0
94.0
Emergency response times meeting
benchmarks – structural fires
per cent
90.0
90.0
nm
nm
Emergency response times meeting
benchmarks – road accident rescue
response
per cent
90.0
90.0
nm
nm
Emergency response times meeting
benchmarks – emergency medical
response
per cent
90.0
95.0
nm
nm
$ million
296.8
259.72
236.0
264.8
Quality
Timeliness
Cost
Total output cost
Commentary on performance
1. The 2012–13 result is the result of the last survey conducted.
2. The actual expenditure is below target mostly due to section 30 of the Financial
Management Act 1994 transfer of funds from output to capital for the Location Based
Telephone System.
31
4. Provide excellence in service delivery
Objective: Provide excellence in service delivery
Output: Infringement and orders management
Output: Community safety and crime prevention
Output group: Community operations
Overview
The department enhances community safety by supporting communities and individuals to
work together to implement effective crime prevention responses to local issues.
The department is also responsible for the administration of the Victorian fine, infringement
and judgement debt collection system.
Partnering with the Koori community
The third phase of the Victorian Aboriginal Justice Agreement was launched on 13 March
2013. The Victorian Aboriginal Justice Agreement is a formal agreement between the
Victorian Government and the Koori community to work together to improve justice outcomes
for Koories.
The agreement continues the work to reduce over-representation of Koories in the criminal
justice system and improve the safety of Koori families and their communities. In 2012, an
independent evaluation established that the Aboriginal Justice Agreement Phase 2 (2006–
2012) significantly improved justice outcomes for Koories in Victoria and that partnership
structures had set a strong foundation for current achievements.
The evaluation found that there were lower numbers of Aboriginal people in prison, fewer
offenders and fewer offences committed than expected (based on 2001–2006 trends). It also
found that more work was needed to tackle the complex and intergenerational issues facing
Koori communities, and that this was best achieved by continuing the Victorian Aboriginal
Justice Agreement into a third phase.
For the first time in Australia, the Victorian Aboriginal Justice Agreement includes a
generational target for closing the gap in justice outcomes:
By 2031, to close the gap in the rate of Aboriginal and non-Aboriginal people under youth and
adult justice supervision.
The Victorian Aboriginal Justice Agreement is the third phase of a long-term strategy to be
delivered gradually over a generation until the gap is closed. There are 82 actions that form
the basis of the Victorian Aboriginal Justice Agreement Action Plan, to be implemented over a
five-year period from 2013–2018.
Koori Inclusion Action Plan – delivering Mingu Gadhaba
The department’s Koori Inclusion Action Plan Mingu Gadhaba: Beginning Together is
improving access and inclusion of the Koori community through design and service delivery
by the department. The action plan articulates a culturally inclusive and responsive justice
service system. The plan is now being extended to statutory entities and justice authorities.
The department is working with agencies to build their capacity and strengthen partnership
networks to deliver on the action plan.
During 2012–13, the department also worked to develop a Koori Inclusion Outcomes
Framework to measure change over time. This means the department will be able to present
an evidence-based picture of how Victoria is creating a culturally-responsive justice service
system that delivers improved outcomes to the Koori community.
32
Figure 7: The third phase of the Victorian Aboriginal Justice Agreement was launched this
year.
Graffiti Removal Program
In 2012–13, the Graffiti Removal Program celebrated a major milestone with more than 1.5
million square metres of graffiti removed since the program started in 2005. That amount of
graffiti would cover the MCG playing field more than 80 times.
Paying commercial operators to remove that amount of graffiti would have cost local
communities $40 million. Instead, supervised offenders undertook the task, providing more
than 500,000 hours of unpaid community work since the program’s inception.
Figure 8: Offenders remove graffiti on plic, private and community property.
33
Road safety cameras and the See the Bigger Picture campaign
This year the department delivered the See the Bigger Picture: Cameras Save Lives
communication campaign.
The department’s education and awareness campaign demonstrated how and why
speed cameras play an important role in road safety. It also challenged community
misconceptions about the use of safety cameras.
The campaign was produced in Warrnambool and consisted of television, radio,
online and outdoor advertising. The campaign outlined the road safety benefits of
cameras which, as part of a wider program, have helped cut the road toll by 33 per
cent, reduced accidents at intersections by 47 per cent, reduced speed-related
trauma and made roads around schools safer.
Feedback showed the campaign was a success with 39 per cent of people who saw
it reporting they felt more positive towards the road safety camera system.
Figure 9: The See the Bigger Picture campaign.
Strengthening the Working with Children Act
The Working with Children Check scheme was strengthened in 2012–13 through
amendments made to the Working with Children Act 2006. The amendments, which came
into effect in December 2012, sought to clarify aspects of the Act and to enhance protections
afforded to children from physical and sexual harm. The amendments:
strengthened the tests applied by the Secretary to the Department of Justice and the
Victorian Civil and Administrative Tribunal (VCAT) for obtaining and maintaining a Working
with Children Check
removed a person’s automatic right to engage in child-related work on an application receipt
for a check or while a person’s suitability to hold a check is being reassessed where the
person has a charge, conviction or finding of guilt in relation to a serious sexual, drug or
violent offence
provided the secretary with the ability to revoke a check, following suspension of that check,
where a person fails to provide the secretary with requested information
made murder a Category 1 offence for the purposes of the Act, which means the secretary
must deny the applicant a check.
Through these changes, the scheme continues to prevent those who pose a risk to children
from working or volunteering with them.
Supporting victims of crime
For victims of crime, support is important to help them get back on track. Family and friends
can be a great source of comfort but sometimes it might not be enough. In recognition of this,
34
the department funded eight community-based agencies to provide case management
services to victims of violent crime across 35 locations throughout Victoria in 2012–13.
Victims Assistance and Counselling Program case managers assist victims to recover from
the impact of crime as well as to navigate and participate in the criminal justice system. They
provide a broad range of practical, emotional and therapeutic interventions to help victims
manage the effects of crime.
A recent innovation has been the co-location of victim support staff at key police stations and
court precincts across metropolitan Melbourne to support the role of police in providing early
access to ongoing support for victims.
Enforcing taxi drivers’ fines
Most taxi drivers on Victorian roads do the right thing and pay their fines on time. However,
there are currently nearly 10,000 taxi drivers with outstanding fines valued at almost $22
million.
Figure 10: A Sherriff's Office operation to collect outstanding warrants.
35
Helping make respectful families
The Barwon South West region has two Crime Prevention Reference groups,
established in response to the Victorian Government’s commitment to community
safety and crime prevention.
The Great South Coast Crime Prevention Reference Group has membership from
state and local governments and community agencies and has identified priority
areas to address crime and safety within the local community. In line with these
priorities, the five regional councils in the group have joined together to deliver an
innovative program for new parents to prevent violence against women and children.
The Baby Makes 3 Plus program, which was launched this year, was funded
through the $7.2 million Reducing Violence Against Women and their Children
Grants, part of the government’s Community Crime Prevention Program. The
program promotes equal and respectful relationships and supports new parents as
they make their transition to parenthood, engaging couples at a time when they are
both most receptive to learning and change in their lives, and helps to prevent
violence before it occurs.
Baby Makes 3 Plus builds on existing new parents groups, where traditionally dads
were difficult to engage, ensuring both parents attend. Steve Dawkins manages the
Baby Makes 3 Plus program and is based at Warrnambool City Council. ‘There’s not
a lot around for dads, so this program is unique in that it focuses on both of the
parents, rather than just the baby,’ said Mr Dawkins. ‘The program started in
January 2013 and we have had bookings up to March 2014. We’re already engaging
with lots of families.’ ‘Reactions so far are positive, dads have been really supportive
and engaged. It’s great to see the interaction between both parents and the baby.’
Baby Makes 3 Plus is delivered in three two-hour sessions by both a male and
female facilitator, with day and night sessions now available. This is the first time it
has been delivered in a regional area.
The program is funded for three years in the shires of Corangamite, Moyne,
Southern Grampians and Glenelg and the City of Warrnambool.
In June 2013, the Victorian Taxi Directorate (VTD) in cooperation with the Sheriff’s Office
increased the number of joint operations to identify and bring to account taxi drivers with
outstanding fines.
The operations involved VTD Officers obtaining live GPS information on the location of taxi
drivers with large numbers of fines. Once located, VTD Officers intercepted the drivers on the
road, at which point sheriff’s officers performed their enforcement activities.
From January to May 2013, seven operations were conducted using this GPS tracking
process. A total of 51 drivers were intercepted, owing more than $1.06 million in outstanding
fines. The VTD is now known as the Taxi Services Commission.
Community crime prevention
Preventing crime at the community level can help Victorians feel safer and more confident.
The department works across our regions with local partners to help deliver the government’s
crime prevention agenda. The Community Crime Prevention Program supports local
community crime prevention initiatives with $12.4 million allocated to 172 projects this year.
The popular small-scale Community Safety Fund grants provide funding of up to $10,000 for
Victorian communities to implement local crime prevention projects. In round two, $800,000
was allocated for 119 projects across 47 local government areas. Applications for round three
closed on 29 May 2013 and 329 applications were received.
36
The Community Safety Fund grants are helping to provide safer and more secure facilities for
people across Victoria, with funding provided to improve security at local sporting and social
clubs, scout groups, community centres and neighbourhood houses. The grants also support
crime prevention awareness and education activities, as well as initiatives for people in the
community at risk of victimisation or offending.
The large-scale Public Safety Infrastructure Fund grants provide councils with funding of up to
$250,000 for the development of public safety and security infrastructure to improve
community safety and confidence.
In addition to closed circuit television (CCTV) infrastructure, eligible projects include public
safety and security measures such as improved lighting and urban design initiatives to create
and activate safer public spaces. In round two of the fund, delivered in 2012–13, $3.14 million
was allocated to 23 projects across 22 councils, including nearly $1 million to support six
CCTV projects in six municipalities.
A total of $7.2 million over three years (to 2015–16) has been allocated to initiatives to reduce
violence against women and their children across Victoria. This includes $4.8 million for eight
primary prevention and early intervention partnership projects focused on the broader
community and $2.4 million allocated to four projects in Koori communities.
The department collaborated with Victoria Police and the Magistrates’ Court to address
violence against women and children by strengthening the justice response, as outlined later
in this chapter.
The department also provides grants of up to $25,000 to councils to work with local
communities across Victoria to develop and deliver local solutions to graffiti. Round two of the
Graffiti Grants delivered in 2012–13 saw $300,000 allocated to 15 councils for 18 projects to
deter, prevent and clean up illegal graffiti.
Figure 11: Providing information to the public in Dandenong at the South East Metropolitan
region office.
Output results: Community operations
These outputs include the fair and effective enforcement of judicial fines, court orders,
warrants, and processing of traffic infringement notices.
They include the implementation of crime prevention strategies to reduce the propensity to
offend, such as the Working with Children Check scheme and the Aboriginal Justice
Agreement.
These output groups contribute to the department’s objective to provide excellence in service
delivery.
Infringement and orders management
Enforcement and management of infringements and orders through:
37
administering the processing of traffic infringement notices, penalty payments and referral for
enforcement action where required
coordinating confiscations, and the management or conversion of assets obtained through
criminal activity
supporting enforcement action by the Sheriff’s Office to ensure judicial fines, court orders and
warrants are discharged, and delivering fines enforcement services to other state and local
government agencies.
These activities serve as an administrative method for dealing with minor criminal offences,
where a person alleged to have committed an offence has the option of paying a fixed penalty
rather than going to court.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Warrants actioned
number
900,000
1,110,58
61
871,134
1,021,23
5
Infringement notices processed
number
(million)
2.8–3.0
3.522
2.85
2.94
per cent
93.0
95.0
95.3
97.0
Clearance of infringements within 180 days
per cent
75.0
76.1
77.3
77.0
Assets converted within 90-day conversion
cycle
per cent
85.0
88.6
86.6
92.0
$ million
222.1
187.73
177.5
180.5
Quantity
Quality
Prosecutable images
Timeliness
Cost
Total output cost
Commentary on performance
1. The actual is above target due to a more targeted enforcement approach to warrant
holders showing positive results.
2. The actual is above target due to higher than expected tolling infringements and the
processing of a large backlog of infringements.
3. The actual expenditure is below target due to lower than budgeted carryover from 2011–
12, once-off transfers to other outputs including Community Safety and Crime Prevention.
Community safety and crime prevention
Ensure community safety and crime prevention through:
 administering the Working with Children Act 2005
 contributing to the implementation of crime prevention initiatives in Victorian communities,
including measures to address the over-representation of the Koori population in the
criminal justice system.
The Working with Children Checks are intended to reduce the incidence of sexual and
physical offences against children by preventing people assessed as not suitable, due to
prescribed offences or findings, from working with children, thereby enhancing community
safety.
The Community Crime Prevention Program is intended to support local communities to
identify and address local crime prevention issues.
38
By addressing the underlying issues of disadvantage, the intention is to reduce the overrepresentation of the Koori population in the criminal justice system.
Performance measures
Unit of
measure
2012–13 2012–13 2011–12 2010–11
target
actual
actual
actual
Quantity
Number of Working with Children
Checks applications processed
number
(‘000)
230–280
253.7
180.9
137
Square metres of graffiti removed
through the Graffiti Removal Program
number
(‘000)
246
363.81
nm
nm
Crime prevention initiatives
established to support the Koori
community
number
35
35
35
35
Community Crime Prevention grant
payments made against completion of
milestones in funding agreement
per cent
100.0
100.0
nm
nm
Issuing of Working with Children
Check assessments in accordance
with the Working with Children Act
2005
per cent
100.0
100.0
100.0
100.0
$
million
37.8
47.32
37.5
33.9
Quality
Cost
Total output cost
Commentary on performance
1. The actual is above target due to a lower than forecast number of days lost to inclement
weather, and improved efficiency.
2. The actual expenditure is above target due to carryover of funding from 2011–12.
39
5. Ensure responsible regulation
Objective: Ensure responsible regulation
Output group: Protecting consumers
Output: Promoting and protecting consumer interests
Output group: Gambling and liquor regulation and racing industry development
Output: Gambling and liquor regulation and racing industry development
Overview
The department oversees a wide range of regulatory systems, which encourage people and
businesses to act responsibly in order to prevent and reduce harm, protect the community
and improve the quality of life for all Victorians.
Consumer protection
Consumer Affairs Victoria is Victoria’s consumer affairs regulator. It provides a large range of
services for consumers and businesses, including dispute resolution, that helps avoid costly
and time-consuming court action.
In 2012–13 it improved access to services and implemented important reforms affecting
rooming houses and retirement villages.
Protection for retirement village residents
Significant progress has been made toward providing better information and protection for
current and future retirement village residents.
In February 2013, new laws were passed that will make it easier for prospective residents to
understand their obligations. When the regulations commence next year operators will be
required to offer standard information to interested retirees, making it easier to compare
facilities and costs of different villages.
Retirement village operators will also have to allow the inspection of prescribed documents
such as financial statements. Other regulations being made will improve the compulsory precontract disclosure statement, reducing confusion and uncertainty. New regulations will also
standardise village contracts and set out mandatory rights and responsibilities for residents,
owners and managers.
These new protections will help residents choose an appropriate village, compare villages,
understand the extent of their financial commitment and locate their rights and obligations.
In 2012–13, Consumer Affairs Victoria completed a campaign to deliver 108 presentations to
help improve residents’ and operators’ understanding of the protocols and dispute resolution
guidelines.
Rooming house reform
On 31 March 2013, 15 new minimum standards for rooming houses came into effect. The
standards include mandatory locks on bedroom doors, secure entrances and emergency
procedures. Leading up to their introduction, Consumer Affairs Victoria offered assistance to
registered Victorian rooming houses, subsequently visiting 877 rooming houses to help them
prepare.
Since 31 March 2013, Consumer Affairs Victoria has conducted 499 inspections to check
compliance. It has issued 254 letters warning operators to rectify an issue. Consumer Affairs
Victoria has fined 99 operators since the new standards were introduced.
40
Another reform passed in September 2012 established a statewide register of rooming
houses. Starting in late 2013, the register will be a single up-to-date resource, with uniform
data on registered Victorian rooming houses. It will make it easier to access and crossreference information and help ensure vulnerable Victorians are referred to
registered properties.
Helping consumers avoid court action
Consumer Affairs Victoria received 26 complaints from residents of a retirement
village who raised allegations of building defects in their units, which were built five
years ago. The issues included problems with the fencing, patio tiles, roof, spouting,
drainage, doors, windows and caulking.
Consumer Affairs Victoria arranged an onsite meeting with the village owner, the
builder and members of the village’s association committee to facilitate a resolution
of the complaint. This included brokering a clear understanding of whose
responsibility it was to carry out the repairs. Some of the responsibility was with the
builder or owner, while other issues were the responsibility of the village association
or the residents.
Videos help Victorians outsmart scammers
Reformed scammer Stevie returned in 2012–13 with six new videos to help Victorian
consumers avoid common scams. Scams are becoming more sophisticated as
scammers go to greater lengths to convince us that the documents they provide and
the deals they offer are real. In 2012–13, Consumer Affairs Victoria received 2,840
reports of scams.
The new series of Stevie’s Scam School videos, from Consumer Affairs Victoria,
help educate Victorians about common tactics used by scammers. The two-minute
videos reveal the tricks scammers use and expose the tactics of the romance,
lottery, online selling, investment, reclaim and rental scams.
Stevie was created in 2012 to help educate Victorians about scams targeting small
businesses. The first series has had more than 210,000 YouTube views.
Figure 12: Stevie's Scam School.
41
Improved access to services
Access to services was improved through an expansion of the web-based and digital
channels enabling consumers and businesses to access information where they want it via
their preferred medium.
The Consumer Affairs Victoria remodelled mobile website went live in March 2013 making it
easier to get information from mobile devices. The website had more than 1.65 million visits in
2012–13, including 270,000 visits to its site from mobile devices.
In March, Consumer Affairs Victoria expanded its online forms capability, enabling electronic
processing of renewals and updates for some licensed industries and saving businesses time
and money.
The Consumer Affairs Victoria MyShopRights mobile device app on consumer laws was
downloaded more than 4,770 times in 2012–13.
In November 2012, Consumer Affairs Victoria published two YouTube real estate videos,
covering the main issues for Victorians buying or selling a home. Online checklists and videos
to help consumers and builders achieve a successful building project without disputes were
also published.
The Consumer Affairs Victoria Twitter and YouTube accounts have more followers and video
views than any other state-based fair trading agency.
In June 2013, Consumer Affairs Victoria launched a second series of Stevie’s Scam School
videos on YouTube and its website, educating consumers about scams.
Reduced red tape
Consumer Affairs Victoria continued to reduce red tape in 2012–13. Incorporated
associations’ reforms, effective from November 2012, are expected to save Victoria’s 38,000
incorporated associations $6 million each year. The new law simplifies financial reporting,
trading and regulatory responsibilities.
Consumer Affairs Victoria worked with other jurisdictions on cooperatives’ law reform. Laws
passed in March 2013 will make it easier for cooperatives to trade across borders and will
reduce financial reporting for small cooperatives.
In 2012–13, Consumer Affairs Victoria and the Business Licensing Authority automated some
licensing and decision-making processes to shorten approval times for less complex
applications. In 2012–13, Consumer Affairs Victoria also simplified annual returns for some
licensed occupations.
Consumer Affairs Victoria is co-leading national reform of travel agent industry regulation.
Under a Transition Plan approved in December 2012, the Travel Compensation Fund and
licensing requirements will be removed by July 2014.
Victoria’s new gambling industry structure
In 2008, the then government announced that the existing gaming operator duopoly for the
operation of gaming machines would be replaced with a venue operator structure. Under this
structure, hotels and clubs with gaming machine entitlements are authorised to own and
operate gaming machines in their venues. The change allows venue operators more control
over the way they run their gaming businesses.
The government also determined to issue a monitoring licence, which provides for the central
monitoring of gaming machines in Victoria (outside the Melbourne casino), a wagering and
betting licence to allow for the conduct of wagering and sports betting and a Keno licence to
allow for the conduct of approved Keno games.
On 16 August 2012, this major restructure was completed with the commencement of new
licences for wagering and Keno and the transition to the new venue operator model for
gaming machines. The implementation of the restructure involved extensive work by the
department and the independent regulator, the Victorian Commission for Gambling and
Liquor Regulation.
42
The department and the Victorian Commission for Gambling and Liquor Regulation worked
closely with Keno, wagering and betting, monitoring and venue operator licensees and with
the industry more broadly to ensure the smooth transition to the new industry structure.
Reducing the alcohol and drug toll
On 25 January 2013, the government released its strategy to reduce the impact of alcohol
and drug abuse on the Victorian community. Reducing the alcohol and drug toll: Victoria’s
plan 2013–2017 sets out a 15-point plan to respond to harm caused by alcohol,
pharmaceutical drugs and illegal drugs.
The strategy seeks to reduce excessive drinking and alcohol-related hospitalisations and
promote a healthy and safe drinking culture. The initiatives that relate to the regulation of
alcohol seek to consolidate and build on recent major reforms, including:
 the introduction of a five-star rating and demerit points system for licensed venues
 tougher new penalties for drunken, loutish and threatening behaviour
 changes to the law on the supply of alcohol to minors.
Other strategies being progressed include assessing the benefits and feasibility of collecting
alcohol sales data, and working with the Victorian Commission for Gambling and Liquor
Regulation to provide clearer guidance to councils about liquor licence objections and
disciplinary processes.
Victorian Responsible Gambling Foundation
The government is both the regulator and a major economic beneficiary of gambling. As a
result, it is important that the delivery of problem gambling services, community education
fostering responsible gambling and associated research is independent from the direct control
of government. For this reason, the Victorian Responsible Gambling Foundation was
established on 1 July 2012 as an independent body with a mandate to foster responsible
gambling, and reduce the prevalence and severity of problem gambling across Victoria
through prevention, early intervention and treatment programs.
The government has committed $150 million over four years to the foundation.
Serge Sardo was appointed chief executive officer of the Foundation in August 2012 and
joined inaugural chairman Professor Bruce Singh AM, deputy chair Michael Ball AM and other
board members of the foundation to lead Australia’s first independent public body dedicated
to preventing and treating problem gambling.
Victorian Racing Industry Fund
The department continued its work to consolidate the government’s $79.5 million Victorian
Racing Industry Fund this year.
Funding was committed through the Victorian Racing Industry Fund to support improvements
at racing and training venues and for selected programs to stimulate racing industry growth
and development. Some of the highlights for the year included:
 $1.8 million to redevelop the grandstand and community function centre at the Cranbourne
racecourse, a track that conducts thoroughbred, harness and greyhound racing
 $3 million to install a second synthetic racetrack at Pakenham Racing Club’s new racing
and training centre at Tynong
 more than $300,000 to upgrade Bray Raceway in Ballarat, Victoria’s premier regional
harness racing venue.
The department has also overseen projects worth almost $2.5 million for breeding incentive
schemes that encourage involvement in racing and promote Victoria as a great place to
breed, buy, own or race a horse or a greyhound.
The industry received more than $1 million to support ongoing efforts focused on drug
detection and research across the Victorian racing industry. The funding was delivered
43
through Racing Analytical Service Limited to particularly improve its capacity to identify and
detect new and emerging biological substances that may be used to affect the performance of
racing animals.
Figure 13: The department supports the state's racing industry through the Victorian Racing
Industry Fund.
As part of the Victorian Racing Industry Fund Raceday Attraction Program, the department
has overseen 69 initiatives with a total value of more than $1.7 million to increase on-course
attendances at race days and nights by supporting clubs to engage more effectively with their
local communities.
The department took action to strengthen its Victorian Racing Industry Fund funding
administration processes consistent with changes recommended by Ombudsman Victoria in
its report on its Own Motion Investigation into Greyhound Racing Victoria. Changes included
amendments to funding documentation to better ensure compliance with government
purchasing and procurement guidelines. The department also introduced a whole of Victorian
Government Common Funding Agreement for the Victorian Racing Industry Fund
funding recipients.
Racing integrity
Maintaining public confidence in the integrity of the racing industry continues to be of
paramount importance. In response to media reports that allegations of race fixing in Victorian
racing were under investigation by Victoria Police, the Racing Integrity Commissioner
announced on 16 August 2012 that he would conduct an Own Motion Inquiry into Race Fixing
in Victoria, including thoroughbred, harness and greyhound racing.
After an extensive investigation, the Racing Integrity Commissioner found there was no
evidence of systemic race fixing in Victoria. However, he did make 11 recommendations
outlining ways in which current legislation might be strengthened and actions taken to
improve communication between the various state and national enforcement agencies. The
department is working closely with the Racing Integrity Commissioner and the Victorian
racing industry to implement the recommendations.
A number of key recommendations have already been implemented by the appropriate racing
controlling bodies. This includes elevating the status of jockey and driver betting offences to
be considered by the industry as a ‘serious offence’.
Output results: Protecting consumers
This output promotes informed, confident and protected consumers through appropriate
regulation and education, promoting awareness and compliance with consumer laws,
specifically focusing on the needs of vulnerable and disadvantaged consumers and providing
flexible dispute resolution.
This output involves developing and administering consumer protection legislation, including
legislation relating to misleading and deceptive conduct, unconscionable conduct and unfair
contract terms. It informs people of their rights and responsibilities in the marketplace,
promotes more informed and educated buying decisions, provides assistance, promotes
compliance by business with the law and ensures that laws are appropriately enforced.
Registers and licences are maintained to ensure minimum standards of transparency and
competence are achieved and, where necessary, to influence and regulate trading behaviour.
44
This output contributes to the department’s objective of providing excellence in service
delivery, and to ensure responsible regulation.
Promoting and protecting consumer interests
This output provides information and education to consumers, traders and dispute resolution
services, and monitors and takes action to promote and enforce compliance with the law.
Increased awareness of consumer and business rights and obligations fosters a marketplace
where consumers are more likely to make decisions that promote their interests.
The management of registers or licences for certain occupations or industries and community
organisations is also reported in this output. Product safety services directly contribute to
promoting and protecting consumer interests. Licensing for certain occupations and industries
contributes to protecting particularly the vulnerable and disadvantaged consumer by
identifying suitably-qualified providers in the marketplace.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Information and advice provided to
consumers and traders delivered by
Consumer Affairs Victoria
number
560,000
494,5951
590,449
nm3
Inspections, compliance monitoring and
enforcement activities delivered by Consumer
Affairs Victoria
number
9,200
9,749
9,417
nm3
Registration and licensing transactions
delivered by Consumer Affairs Victoria
number
450,000
467,913
650,002
nm3
per cent
90.0
94.0
95.0
90.0
per cent
90.0
90.1
87.7
95.0
$ million
78.1
90.42
117.9
167.7
Quantity
Quality
Customer satisfaction with services provided
Timeliness
Services provided within agreed timeframes
Cost
Total output cost
Commentary on performance
1. The actual is below target due to a higher than forecast reduction in the number of
telephone calls as a result of the transfer of the ‘Business Names’ function to the
Commonwealth and an increased focus on directing enquires to the Consumer Affairs
website rather than the call centre.
2. The actual expenditure is above target due to the transfer of the financial counselling
function and associated funding from the Gambling and Liquor Regulation and Racing
Industry Development output, Treasurer’s Advances for the Fire Services Levy Monitor.
3. Prior to 2011–12 this measure included liquor licensing activities that are now delivered by
the Victorian Commission for Gambling and Liquor Regulation.
Output results: Gambling and liquor regulation and racing
industry development
This output provides for the provision of policy advice to the Minister for Liquor and Gaming
Regulation on the ongoing enhancement of gambling and liquor industries and the
management of problem gambling.
The output also provides for the provision of policy advice to the Minister for Racing on issues
of significance to the national racing and wagering industries, industry regulation and
45
compliance, and funding support for the growth and development of the racing industry in
Victoria.
The output includes the services of the Victorian Commission for Gambling and Liquor
Regulation (VCGLR), established to provide consistent and transparent decision making that
minimises harm, develops responsible industries and responds to diverse community
expectations in the application of gambling and liquor licensing laws.
This output will contribute to the department’s objective to ensure responsible regulation.
Gambling and liquor regulation and racing industry development
Provides for the monitoring and regulation of gambling and liquor activities in Victoria, and
leadership and strategic policy advice to the Minister for Liquor and Gaming Regulation and
the Minister for Racing on the regulation of the gambling industry, responsible management
of problem gambling issues and development support to the racing industry.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Office of Gaming and Racing briefings
processed
number
900
7591
876
946
Racing industry development initiatives
delivered
number
7
7
7
nm
Racing matters processed (including
licences, permits, appeals, registrations and
grant applications)
number
240
2842
297
226
Liquor licensing information and advice
provided to consumers and traders
(VCGLR)
number
80,000
78,821
86,917
nm
Liquor licensing inspections, compliance
monitoring and enforcement activities
(VCGLR)
number
16,000
15,339
16,772
nm
Liquor licensing registration and licensing
transactions (VCGLR)
number
75,000
93,0663
80,150
nm
Gambling regulatory services including
licensing and compliance activities
(VCGLR)
number
29,000
27,176
27,616
28,304
per cent
100.0
100.0
100.0
100.0
Gambler’s Help service clients who receive
a service within five days of referral
per cent
90.0
99.0
97.0
87.0
Racing and gaming applications and
initiatives completed within elapsed time
benchmark
per cent
100.0
100.0
100.0
100.0
Gambling regulatory compliance and
licensing activities progressed within set
timeframes (VCGLR)
per cent
85.0
87.0
83.0
90.0
$ million
140.8
105.04
98.2
111.4
Quantity
Quality
Accuracy of regulatory compliance activities
(VCGLR)
Timeliness
Cost
Total output cost
Commentary on performance
46
1. The actual is below target due to the transfer of responsibility for the Problem Gambling
Strategy to the newly created Victorian Responsible Gambling Foundation on 2 July 2012,
which has resulted in fewer briefings being processed.
2. The actual is above target due to the ongoing increase in the number of grant applications
and applications for minor licences, including mixed sports gathering consents and Calcutta
sweepstakes permits being processed.
3. The actual is above target due to an increase in demand for Responsible Service of
Alcohol (RSA) Training delivered by Registered Training Organisations. This qualification is
now being sought by employers even for licence types where it is not a legislative
requirement.
4. The actual expenditure is below target reflecting an adjustment of timing of anticipated
grant payments and the transfer of the financial counselling function to the Promoting and
protecting consumer interests output.
47
6. Support the justice system
Objective: Support the justice system
Output group: Dispensing justice
Output group: Legal support to government and protecting the rights of Victorians
Outputs:
• Court matters and dispute resolution
• Public prosecutions Output group:
Outputs:
• Legal policy, advice and law reform
• Protecting community rights
• Privacy regulation
• Supporting the judicial process
• State electoral
Overview
The department supports the state’s judiciary dispensing criminal and civil matters through
the Courts and Tribunals Service, which was established on 1 July 2012. The department
also provides legal policy support and implementation advice to government.
The department funds a range of services that provide legal advice, representation and
support to the community.
Jury directions
Jury directions are the instructions given by the trial judge to help a jury decide in accordance
with the law whether a person is guilty or not guilty of a crime. They are an essential feature
of the right to a trial by jury.
The Victorian Law Reform Commission identified significant problems with jury directions, in
particular increasing complexity. This leads to lengthy and often confusing jury directions
which in turn lead to unnecessary appeals and retrials that contribute to the stress and
trauma of victims of crime.
The department is engaging in reform that will:
 reduce errors in jury directions
 make the issues that juries must determine clearer and improve the way information is
provided to juries
 reduce delay by reducing unnecessary retrials and appeals.
The first stage of the legislative reform was developed in 2012–13. The Jury Directions Act
2013, which commenced in July 2013, creates a new framework for the giving of jury
directions, and encourages shorter, simpler and more useful directions.
Further reforms will continue next year and will address other aspects of jury directions. The
reforms will help to ensure a fair trial and enhance community confidence in jury verdicts.
Courts and tribunals service
The department has continued in 2012–13 to work towards establishing Court Services
Victoria as an independent entity to support Victoria’s courts and tribunals.
The transition to Court Services Victoria is being overseen by the Court Service Victoria
Advisory Council comprising the heads of each jurisdiction, chaired by Chief Justice Marilyn
Warren.
48
Court for Kilmore East bushfire hearings
In mid-November 2012, the department was asked to build a court facility large enough to
house the Kilmore East bushfire class action trial and future large trials. The project had to be
completed by early 2013. Normally, construction of a similar facility would take 12 months.
The court facility project – at the William Cooper Justice Centre – was completed in just three
and a half months, and opened in March 2013. This was made possible with a high level of
commitment from users, the Supreme Court, building management, the builder, construction
consultants and sub-contractors.
Figure 14: The new William Cooper Justice Centre court room opened this year.
Improving court facilities and security
Work has continued to improve court facilities and security. During 2012–13, the first stage of
the Wangaratta Magistrates’ Court refurbishment was completed, including an upgrade of
police cells and court one. Planning started on the Shepparton Magistrates’ Court and the
Bendigo Court and Justice Centre redevelopment.
A new purpose-built facility designed to hold child protection conferences was officially
launched in April 2013. The new Children’s Court facility allows conferences to be held away
from the court, creating a less stressful environment for children and their families.
The building works followed a 2010 Child Protection Proceedings Taskforce recommendation
to change child protection proceedings in the Children’s Court. One of the recommendations
was a new model conference process. The new process helps to resolve child protection
matters in a less adversarial way, improve client outcomes and reduce time at court and the
length of the court process.
The department has developed and implemented a framework to improve safety and security
in Victorian courts and tribunals. The framework incorporates collaboration across
jurisdictions and provides consistent standards for emergency management, information and
intelligence sharing, building, design and security concepts while strengthening security
requirements.
Closed circuit television (CCTV) cameras were also installed at 18 regional courts, including
Shepparton, Seymour, Benalla, Bairnsdale, Sale, Korumburra and Wonthaggi to improve
security for court users, visitors, the judiciary, staff and police.
Redesign of the Registry of Births, Deaths and Marriages
With more than 140,000 life events recorded this year, the Registry of Births, Deaths and
Marriages is an important part of the life of every Victorian. In 2013, the Registry of Births,
Deaths and Marriages started a project to redesign the organisation’s structure to ensure it
remains responsive to community needs and to better understand how emerging technology
will influence its future. The organisation used a collaborative co-design process which
allowed volunteers, service partners, departmental colleagues, community leaders and other
Victorians to contribute ideas and suggestions.
49
Figure 15: The public was invited to help redesign the Registry of Births, Deaths and
Marriages.
An online survey allowed more than 1,800 people to provide their preferences and ideas for
how services should be delivered. Community members were also able to register their
interest in participating in an ongoing conversation.
A redesign community involving hundreds of people was formed to provide input into the
design process. This community actively collaborated over an eight-week period to develop
design options for the registry. The new design will ensure the Registry of Births, Deaths and
Marriages remains future-focused, agile and able to use modern technology to deliver
efficient services.
At 30 June 2013, the co-design project was still gathering information from the public about
the best way the Registry of Births, Deaths and Marriages can deliver its services.
Reforming civil justice
The Civil Procedure Amendment Act 2012, which fully commenced in March 2013, introduced
a number of discretionary case management powers for the courts to manage and control
expert evidence in civil litigation.
While expert evidence plays an important role in achieving just outcomes for parties, it can
also be a significant source of expense, complexity and delay. The reforms address the
problems associated with the unnecessary or excessive use of expert evidence and ensure
that expert evidence can be presented in a useful manner.
The Act also provided greater flexibility for costs orders to be made by the courts and allowed
the courts to order lawyers to make certain costs disclosures to their clients.
Moving towards a child-friendly legal system
The Children, Youth and Families Amendment Bill 2013 was introduced to parliament in June
and passed in September 2013. This will make processes in the Children’s Court Family
Division more child-focused.
Amendments are informed by recommendations of the Protecting Victoria’s Vulnerable
Children Inquiry. They include the introduction of ‘less adversarial trial’ principles modelled on
those in the Family Law Act 1975, removing the legislative imperative for children to attend
court for child protection proceedings, and empowering conference convenors to better
manage child protection conferences.
A range of family violence and personal safety amendments were also introduced with the
Bill.
Responding to institutional child sexual abuse
The Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse
will consider possible legal, administrative or structural reforms related to the safety and
50
wellbeing of children. The Royal Commission’s Interim Report is due for completion by June
2014, with a final report due by December 2015.
The department is responsible for supporting the Attorney-General as lead minister for the
government’s response to the Royal Commission. The department is the central coordination
point for liaising with the Royal Commission on behalf of the state.
Tougher sentences for gross violence offences
The Crimes Amendment (Gross Violence Offences) Act 2013 introduces statutory minimum
sentences for offences of gross violence, ensuring violent offenders are jailed for at least four
years.
The Act introduces two new offences of intentionally or recklessly causing serious injury in
circumstances of gross violence, for example, planning in advance to use a weapon, causing
serious injury as part of a group or causing serious injury to an incapacitated victim.
Adult offenders found guilty of these offences are liable to a statutory jail sentence with a
minimum non-parole period of four years, unless there are special reasons.
The legislation commenced on 1 July 2013. The Act also revises the definitions of ‘injury’ and
‘serious injury’ in the Crimes Act 1958.
Freedom of Information Commissioner
The Office of the Freedom of Information Commissioner became operational on 1 December
2012.
The Freedom of Information Commissioner is an independent officer whose role is to
enhance the openness and transparency of government in Victoria. The commissioner plays
an important role in promoting the operation of the Freedom of Information Act 1982 by:
 reviewing Freedom of Information decisions
 handling Freedom of Information complaints
 monitoring compliance with the Act
 providing advice, education and guidance to the public and agencies in relation to the
commissioner’s functions and any professional standards set by the minister.
Victoria’s first Freedom of Information Commissioner is Lynne Bertolini.
Improving Freedom of Information times
The department has reduced its response time for Freedom of Information (FOI) requests.
The department had 688 FOI requests during 2012–13, up from 652 requests in 2011–12,
with the vast majority of requests made by individuals. The average time taken to finalise
requests was 27.9 days in 2012–13, which is within the 45-day time limit and an improvement
on the average 55.4 days taken in 2011–12.
51
New conference centre a calming influence
The opening of a purpose-built Children’s Court conference facility in April 2013 has
been a calming influence on child protection hearings. The purpose-built facility is
separate from the main court complex, creating a less stressful environment for
children and their families.
The building works followed a 2010 Child Protection Proceedings Taskforce
recommendation to change child protection proceedings in the Children’s Court.
One of the recommendations was a new model conference process. The new
process helps to resolve child protection matters in a less adversarial way, improve
client outcomes and reduce time at court and the length of the court process.
The remodelling of the conference facility followed a change in the conferencing
process which makes child protection cases less adversarial. The dedicated space
has fully sound-proofed rooms, two dedicated security guards and a range of
conference and breakout rooms available. These have given users more privacy to
talk to their legal representative and ensures the safety of all conference
participants.
Being removed from the court complex means there is no public address system
interrupting mediation sessions and lawyers are not distracted or preoccupied by
other matters occurring in courtrooms.
Melanie Younis from Dowling McGregor Lawyers visits the conference centre
numerous times a week and said she really likes the venue. ‘It is peaceful and quiet
and very conducive to negotiations. The space is large and there is plenty of room
for conferences with your clients and for parties to sit separately if this is required.
Clients tell me they like the stillness, away from the flurry of court,’ she said.
Output results: Dispensing justice
These outputs involve supporting the state’s judiciary in its dispensation of criminal and civil
matters, maintaining the administrative operations of the system of courts and statutory
tribunals, and providing appropriate civil dispute resolution mechanisms. These outputs also
incorporate the management of criminal prosecutions on behalf of the state.
Through these outputs, the department:
 administers justice according to law
 builds the capacity of law enforcement agencies
 ensures a more efficient justice system
 protects the vulnerable
 resolves disputes appropriately and efficiently.
This output group will contribute to the department’s objective of supporting the justice
system.
Court matters and dispute resolution
This includes services provided by the Supreme Court, County Court, Magistrates’ Court,
Children’s Court of Victoria, Coroner’s Court, Victorian Civil and Administrative Tribunal and
the Dispute Settlement Centre of Victoria.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
52
2010–11
actual
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Quantity





Criminal matters disposed in the Supreme Court
number
700
4901
657
826
2
5,436
5,241
Criminal matters disposed in the County Court
number
4,500
5,178
Criminal matters disposed in the Magistrates’
Court
number
170,000
188,5373
180,731
177,819
Criminal matters disposed in the Children’s
Court
number
19,500
21,9654
20,088
20,126
Civil matters disposed in the Supreme Court
number
21,000
26,5835
26,353
23,322
Civil matters disposed in the County Court
number
5,700
6,6836
5,959
5,775
7
54,842
44,200
Civil matters disposed in the Magistrates’ Court
number
46,000
Civil matters disposed in the Victorian Civil and
Administrative Tribunal
number
86,000
88,421
89,683
86,015
Civil matters disposed in the Dispute Settlement
Centre of Victoria
number
19,500
20,083
19,113
17,708
Child protection matters disposed in the
Children’s Court
number
7,500
8,7178
7,726
6,857
Coronial matters disposed in the Coroner’s Court
number
5,250
5,534
4,926
5,617
Quality

Quality of court registry services in Supreme
Court
per cent
85.0
TBA
85.0
85.0
Quality of court registry services in County Court
per cent
85.0
85.0
85.0
85.0
Quality of court registry services in Magistrates’
Court
per cent
91.0
90.0
95.0
95.0
Timeliness

Criminal matters disposed within agreed
timeframes in the Supreme Court
per cent
70.0
TBA
70.0
57.0
Criminal matters disposed within agreed
timeframes in the County Court
per cent
85.0
86.0
84.0
84.0
Criminal matters disposed within agreed timeframes
in the Magistrates’ Court
per cent
85.0
88.1
89.0
89.0
Criminal matters disposed within agreed
timeframes in the Children’s Court
per cent
90.0
93.0
92.0
92.0
Civil matters disposed within agreed timeframes
in the Supreme Court
per cent
80.0
TBA
88.0
93.0
Civil matters disposed within agreed timeframes
in the County Court
per cent
60.0
47.09
47.0
56.0
Civil matters disposed within agreed timeframes in
the Magistrates’ Court
per cent
80.0
80.7
81.0
75.0
Civil matters disposed within agreed timeframes
in the Victorian Civil and Administrative Tribunal
per cent
85.0
85.0
87.0
85.0
Civil matters disposed within agreed timeframes
in the Dispute Settlement Centre of Victoria
per cent
85.0
87.0
87.0
84.0
Child protection matters disposed within agreed
per cent
80.0
72.3
78.0
76.0

54,580







53
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
per cent
70.0
78.5
71.0
74.0
$ million
424.7
427.7
449.7
419.9
timeframes in the Children’s Court
Coronial matters disposed within agreed
timeframes in the Coroner’s Court
Cost
Total output cost
Commentary on performance
1. The actual is below target due to reforms in the Court of Appeal, which have contributed to
a significant reduction in the number of appeals.
2. The actual is above target due to a higher than forecast number of finalisations.
3. The actual is above target due to a higher than anticipated number of criminal matters
being disposed in the Magistrates’ Court.
4. The actual is above target due to higher initiations than forecast towards the end of the last
financial year, which are now translating into finalised matters.
5. The actual is above target due to an unexpected increase in the number of probate
matters.
6. The actual is above target due to an increase in judicial resources in particular an increase
from 19 Judges in 2011 to 21 Judges in 2012. Other contributing factors are an increase in
lodgements of commercial cases, which has resulted in an increase in default judgment and
notice of dismissal activity (cases finalised by Registry). A general increase in lodgement
activity in other lists and divisions is also a contributing factor to the increase of civil matters
disposed in the County Court.
7. The actual is above target due to a greater than forecast increase in personal safety
intervention orders, civil claims and Victims of Crime Assistance Tribunal finalisations.
8. The actual is above target due to a higher than forecast number of finalisations in the
family division. This increase is a combination of increased applications being initiated in the
previous financial year and the first quarter of this financial year, and listing measures that
were put in place late in 2012. These listing initiatives have seen a reduction in delays,
enabling earlier case finalisations.
9. The actual is below target due to a slight variance between the forecast percentage relative
to the actual percentage of civil matters disposed within agreed timeframes in the County
Court.
Public prosecutions
The Office of Public Prosecutions strives to provide a high quality, independent prosecution
service on behalf of the Director of Public Prosecutions in the High Court, Supreme Court,
County Court and Magistrates’ Court. The Director of Public Prosecutions and the Office of
Public Prosecutions have a responsibility to conduct prosecutions in an effective, economic
and efficient manner.
Matters prosecuted are serious crimes, including homicides, major sex offence cases, major
drug cases, or matters that are of significance to the fair and effective operation of the
Victorian criminal justice system such as corruption cases involving police or lawyers. Matters
are prosecuted in Melbourne and regional courts.
To ensure that appropriate consideration is given to the concerns of witnesses and victims of
crime, the Office of Public Prosecutions also provides professional support to prosecution
witnesses and victims of crime involved in cases handled by the Office of
Public Prosecutions.
54
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Number of briefs prepared and hearings
attended
number
68,500–
73,500
70,238
70,783
70,837
Judicial Officer sitting days requiring
prosecutors
number
9,500–
10,500
9,814
9,686
10,181
Number of victim and witness consultations
number
8,500–
9,500
11,1221
6,900
6,389
per cent
85.0
87.6
88.4
88.3
per cent
99.0
98.8
99.0
99.3
$ million
66.2
63.3
66.0
60.3
Quantity
Quality
Guilty outcomes (guilty pleas and trial
convictions) as a percentage of case
completions
Timeliness
Proportion of trials listed which did not
proceed to adjournment on application of
the Crown
Cost
Total output cost
Commentary on performance
1. The actual is above target due to an increase in the number of consultations relating to
family violence.
Output results: Legal support to government and protecting the rights of
Victorians
 These outputs include a range of activities delivered by the department including:
 legal policy advice to government, law reform and implementation of new or amended
legislation and the provision of legal advice to other departments and agencies
 provision of services relating to rights and equal opportunity, identity protection, advocacy
and guardianship for Victorians with a disability or mental illness
 legal aid to support access to justice, supporting victims of crime, and delivery of
independent, expert medical services to the justice system
 privacy regulation
 the administration of the Victorian electoral system
 enhancing government transparency through the establishment of an independent
Freedom of Information Commissioner.
This output group will contribute to the department’s objective of supporting the justice service
portfolio.
Legal policy, advice and law reform
This output encompasses the provision of legal policy advice to government, law reform and
management of Native Title legislation and Native Title claims.
Legal policy advice is delivered jointly through the department and the Victorian Government
Solicitor’s Office (VGSO). The Victorian Law Reform Commission (VLRC) reports and
recommends both on issues referred to it by the Attorney-General and on minor changes to
the law without a reference.
55
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Community education and consultation
sessions conducted (VLRC)
number
50
921
50
50
Law reform projects conducted (VLRC)
number
3
3
2
4
Groups in negotiation towards resolution of
Native Title claims
number
2
2
nm
nm
Stakeholder satisfaction with law reform
projects, briefings and consultations (legal
policy)
per cent
80.0
80.0
82.0
80.0
Stakeholder satisfaction with
consultation/education processes (VLRC)
per cent
85.0
85.0
85.0
85.0
Client satisfaction with quality of legal
advice provided (VGSO)
per cent
80.0
85.0
86.0
88.0
Client satisfaction with timeliness of legal
advice provided (VGSO)
per cent
80.0
78.0
86.0
88.0
Proportion of Native Title negotiations
progressed in accordance with the
department’s annual work plan and
timeframes monitored by the Federal Court
per cent
100.0
100.0
nm
nm
$ million
56.0
68.72
61.5
69.3
Quantity
Quality
Timeliness
Cost
Total output cost
Commentary on performance
1. The actual is above target due to a higher than forecast number of community
consultations and a higher than forecast number of community education sessions
conducted. The number of community consultations reflects the number and complexity of
references, and community education sessions are demand-driven and therefore difficult to
predict accurately.
2. The actual expenditure is above target largely due to the transfer of functions from other
outputs including Sentencing Advisory Council, Courts and Police Policy and Legislation.
Higher than anticipated carryover from 2011–12 also contributed to the higher expenditure to
target.
Protecting community rights
This output promotes non-discrimination and protects community rights through:
 the work of the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) in
relation to human rights and discrimination through education, engagement, capacity
building and actively assisting parties to quickly and effectively resolve disputes
 the promotion of the rights, interests and dignity of Victorians with a disability or mental
illness through the Office of the Public Advocate
 providing for the registration of significant life events (i.e. births, deaths, marriages,
adoptions, relationships, donor register), protecting personal identity information held on
public records and providing access and issuing information from these records in
appropriate circumstances
56
 enhancing government transparency through the establishment of an independent
Freedom of Information Commissioner (FOl).
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Enquiries made by the community to
VEOHRC for information and advice
number
7,500–
8,000
8,470
7,940
nm
Complaint files received and handled by
VEOHRC
number
1,050–
1,200
1,054
nm
nm
Proportion of finalised complaint files
resolved through dispute resolution
per cent
35
39
nm
nm
Public Advocate protective interventions for
people with a disability
number
2,510
2,449
2,737
2,755
Reviews completed by FOI Commissioner
number
200
190
nm
nm
Complaints completed by FOI Commissioner
number
100
98
nm
nm
Education and training activities delivered by
FOI Commissioner
number
20
91
nm
nm
Community education/training programs,
services and events delivered by VEOHRC
number
80–100
91
99
89
Births, Deaths and Marriages registration
transaction error rate
per cent
<1.0
0.8
0.2
0.3
Customer satisfaction rating: Community
education/training programs, services and
events delivered by VEOHRC
per cent
85.0
86.0
86.0
86.0
Satisfaction with services performed (FOI
Commissioner)
level
high
high
nm
nm
Timely provision of Births, Deaths and
Marriages certificates
per cent
90.0
96.9
94.3
94.0
Statutory and other agreed timelines met
(FOI Commissioner)
per cent
100.0
89.02
nm
nm
VEOHRC complaints finalised within agreed
timeframe
per cent
85.0
65.03
85
89.8
$ million
35.5
38.2
36.9
34.5
Quantity
Quality
Timeliness
Cost
Total output cost
Commentary on performance
1. The actual is below target as the newly established Freedom of Information Commissioner
made a decision to focus resources in the first six months of operating on completing reviews
and complaints rather than education and training, which remains a key priority.
2. The actual is below target due to additional time required to educate applicants and
agencies in the requirements of the new system and the review of some matters being more
complex than anticipated.
3. The actual is below target due to temporary recruitment issues, which are now resolved.
Strategies are in place to ensure the timeframe is met in 2013–14.
57
Privacy regulation
The Information Privacy Act 2000 regulates the collection and handling of personal
information by the Victorian Public Sector and local government. The Office of the Victorian
Privacy Commissioner receives and deals with complaints of alleged breaches of privacy and
promotes privacy protection through advocacy, education and training, audit and investigation
of breaches of the Act.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Compliance activities conducted
number
2,700
2,734
2,860
2,835
Privacy awareness activities conducted
number
195
2171
279
280
level
high
high
high
high
per cent
90.0
90.0
90.0
90.0
$ million
2.4
2.4
2.6
2.5
Quantity
Quality
Client feedback of satisfaction with complaint
handling and training services provided
Timeliness
Statutory or agreed timelines met
Cost
Total output cost
Commentary on performance
1. The actual is above target due to higher than forecast demand for privacy awareness
activities from schools and community organisations.
Supporting the judicial process
This output supports the judicial process and access to justice by:
 providing appropriate, proportionate and directed legal aid services to individuals and
families in genuine need
 providing independent, expert forensic medical and scientific services
 providing medico-legal support to the justice system by the Victorian Institute of Forensic
Medicine (VIFM)
 providing referral to appropriate support agencies for victims of crime, administering a
Victims Counselling Scheme and funding community programs to establish victim support
networks.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Provision of expert forensic medical and
scientific evidence in court (VIFM)
number
>200
227
257
nm
Clinical forensic medical services (VIFM)
number
2,1002,500
2,397
2,212
nm
Legal advice and minor assistance for clients
(Victoria Legal Aid)
number
45,000
51,5981
nm
nm
Community legal education and information
services (Victoria Legal Aid)
number
85,000
89,993
nm
nm
Grants of legal assistance provided by
Victoria Legal Aid
number
43,600
39,782
44,641
42,157
Quantity
58
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
Victims receiving a service from the Victims
of Crime Helpline, Victims Assistance and
Counselling Program and Victims Register
number
8,500
9,038
9,291
9,497
Medico-legal death investigations
number
4,3004,600
4,954
4,484
4,530
Duty lawyer services (Victoria Legal Aid)
number
82,300
65,3032
75,170
78,174
per cent
95.0
90.0
94.0
94.0
Applications for legal aid processed within 15
days (Victoria Legal Aid)
per cent
95.0
85.0
91.0
97.5
Medico-legal death investigation reports
issued within agreed period
per cent
65.0–
70.0
61.0
59.0
60.6
Medical and scientific investigations on the
body of the deceased completed within two
days
per cent
75.0–
85.0
82.0
81.0
81.2
$ million
174.0
172.2
171.0
162.3
Quality
Victorian Institute of Forensic Medicine
quality audit
Timeliness
Cost
Total output cost
Commentary on performance
1. The actual is above target due to the target not including all instances of minor assistance.
The 2012–13 actual reports all minor assistance services delivered including those provided
in conjunction with legal advice, as intended.
2. The actual is below target due to a changes to Victoria Legal Aid’s eligibility guidelines
implemented in 2012–13.
State electoral roll and elections
The Victorian Electoral Commission maintains a high-quality electoral system that supports
democracy in Victoria through:
 an accurate and secure electoral roll
 encouraging greater participation by education, awareness and ease of access
 the provision of electoral services to ensure fair and equitable representation
 the conduct of fair and impartial elections.
Performance measures
Unit of 2012–13 2012–13 2011–12 2010–11
measure
target
actual
actual
actual
Quantity
State elections, municipal and statutory
elections, by-elections, polls and
electoral representation reviews
number
110
103
19
131
number
0
0
0
0
Quality
Challenges to the Victorian Electoral
Commission conduct upheld in court
Timeliness
59
Performance measures
Unit of 2012–13 2012–13 2011–12 2010–11
measure
target
actual
actual
actual
Elector enrolment changes and new
enrolments processed within set
timeframes
per cent
98.0
100.0
99.5
100.0
$
million
44.7
42.6
23.7
55.7
Cost
Total output cost
60
7. Ensure the integrity of the Public Sector
Objective: Ensure the integrity of the Public Sector
Output group: Public Sector integrity
Output: Anti-corruption and Public Sector integrity
Overview
The department supports Victoria’s new Public Sector integrity agencies. The cornerstone of
the system is the Independent Broad-based Anti-corruption Commission, which commenced
operation on 1 July 2012.
Independent Broad-based Anti-corruption Commission
Victoria’s first anti-corruption commission started full operations on 10 February 2013.
The Independent Broad-based Anti-corruption Commission’s functions are to:
 identify, investigate and expose serious corrupt conduct, and misconduct by police
personnel
 help prevent corrupt conduct and police misconduct
 help educate the Public Sector and community about the negative effects of corrupt
conduct and misconduct by police personnel
 help improve the Public Sector’s ability to prevent corrupt conduct and police personnel
misconduct.
The Independent Broad-based Anti-corruption Commission has jurisdiction to investigate
serious corrupt conduct in the Public Sector, including corrupt conduct by ministers and
ministerial advisers, members of parliament, police, the judiciary, local government and Public
Sector officers and bodies.
Stephen O’Bryan SC started as the Independent Broad-based Anti-corruption Commissioner
on 1 January 2013.
Victorian Inspectorate
The Victorian Inspectorate Act 2011 came into force on 10 February 2013 and established a
new entity with an oversight role in relation to:
 the Office of the Chief Examiner
 the Independent Broad-based Anti-corruption Commission
 the Department of Environment and Primary Industries
 officers of the Victorian Auditor-General
 officers of the Victorian Ombudsman
 the Public Interest Monitor.
The Inspectorate monitors compliance by those integrity bodies with relevant laws and
obligations, particularly in relation to their use of coercive powers and compliance with
procedural fairness requirements.
In addition, the Inspectorate investigates complaints about those integrity bodies and may
also conduct investigations on its own motion.
Robin Brett QC started his role as the Victorian Inspector on 1 January 2013.
61
Public Interest Monitors
The Public Interest Monitor Act 2011 established roles for Public Interest Monitors to provide
an independent check where applications for warrants for covert investigation or coercive
powers are sought, such as covert search warrants, telecommunication intercept warrants
and preventative detention orders.
The Act came into force on 10 February 2013.
Public Interest Monitors appear in the public interest at application hearings for these powers
to ask questions about why applications are being sought and test the sufficiency and content
of the information provided by law enforcement agencies. Public Interest Monitors make
submissions about whether the applications should be granted.
The Principal Public Interest Monitor, Brendan Murphy QC, was appointed in
September 2012 and is supported by two full-time and two part-time deputies.
Output results: Public Sector integrity
This output includes a range of activities related to achieving a high standard in Public Sector
integrity through the establishment of new bodies and new powers to address corruption.
The new Independent Broad-based Anti-corruption Commission identifies and investigates
serious corrupt conduct within the Victorian Public Sector and misconduct in Victoria Police.
This output group contributes to the department’s objective: Ensure the integrity of the Public
Sector.
Anti-corruption and Public Sector integrity
The government has established the Independent Broad‑ based Anti‑ corruption Commission
and the Victorian Inspectorate to oversee the Independent Broad-based Anti-corruption
Commission.
A function of the commission is to identify, expose and investigate serious corrupt conduct
and police personnel misconduct.
The Independent Broad-based Anti-corruption Commission also has important education and
prevention functions, including a mandate to:
 examine systems and practices in the Public Sector and Public Sector legislation
 provide information to, consult with and make recommendations to, the Public Sector
 assist the Public Sector to increase capacity to prevent corrupt conduct by providing
advice, training and education services
 provide information and education services to the community about the detrimental effects
of corruption on public administration and ways in which to assist in preventing corrupt
conduct
 publish information on strategies to prevent corrupt conduct.
Note: The Office of Police Integrity continued to deal with police matters until the Independent
Broad-based Anti-corruption Commission’s legislative framework commenced full operation.
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
number
70
72
nm
nm
per cent
90.0
98.9
nm
nm
Quantity
Corruption prevention initiatives delivered
by the Independent Broad-based Anticorruption Commission
Quality
Recipients of corruption prevention
initiatives satisfied
62
Performance measures
Unit of
measure
2012–13
target
2012–13
actual
2011–12
actual
2010–11
actual
per cent
100
100
nm
nm
$ million
34.0
28.11
25.4
nm
Timeliness
Statutory and other agreed timeframes met
Cost
Total output cost
Commentary on performance
1. The actual expenditure is below target due to delays in proclamation of the legislation.
63
Five-year financial summary and review of
financial conditions
2013
$’000
2012 (a) (b)
$’000
2011 (a)
$’000
2010
$’000
2009
$’000
Revenue from government
4,294,634
4,091,615
3,970,828
3,636,194
3,396,002
Total income from transactions
4,400,704
4,230,760
4,127,710
3,765,789
3,528,943
(4,359,522)
(4,190,471)
(4,124,315)
(3,791,343)
(3,518,194)
Net result from transactions
41,182
40,289
3,395
(25,554)
10,749
Net result for the period
42,561
37,328
3,552
(26,668)
1,136
Net cash flow from operating
activities
85,508
119,382
103,982
45,363
79,919
3,809,517
3,449,383
3,357,529
2,494,743
2,446,126
Total expenses from
transactions
Total assets
Total liabilities
1,313,706
1,053,115
1,070,160
1,060,810
(a) The 2011–12 financial year and the 2010–11 comparative figures have been adjusted to
reflect the reclassification of the appropriation that was previously recognised as a grant paid
to the Victorian Law Reform Commission.
(b) The 2011–12 comparatives have been adjusted to correct a prior period error. See note
1(U) in the notes to the financial statements.
Revenue from government and total income from transactions increased in 2012–13 due to:
 the funding of new initiatives which commenced during the year, as well as incremental
impacts of initiatives in previous financial years which are now fully operational.
 additional indexation on base funding for increased salary costs to maintain the ongoing
services and programs for the department and its agencies.
Total expenses from transactions increased in 2012–13 due to:
 continued investment in justice system infrastructure including prisons, courts and
additional frontline Victoria Police members.
 an increase in capital investment costs following the funding of new initiatives.
The increase in the net result for the period in 2012–13 was mainly due to:
 assets received free of charge transferred from the Emergency Services
Telecommunications Authority upon completion of finance leases.
Net cash flow from operating activities decreased in 2012–13 due to:
 decrease in receipts from other entities mainly driven by the creation of the Victorian
Responsible Gambling Foundation and reporting it as an independent statutory body from
1 July 2012.
Total assets increased in 2012–13 due to:
 the progress in construction of Hopkins Correctional Centre in Ararat.
Detailed financial information about the performance of each of the department’s output
activities is contained in note 2 to the financial statements.
In general, delivery of services by the output activities of the department were within defined
budgetary objectives. A comparison of budget and actual financial statements is contained
under Budget Portfolio Outcomes.
64
1,065,516
Disclosure of grants and other transfers (other
than contributions by owners)
The department has provided assistance to certain companies and organisations. Financial
assistance provided in 2012–13 was as follows:
Organisation
($’000)
Public safety and crime reduction
Victoria Police
2,121,978
Sub total
2,121,978
Public sector integrity
Independent Broad-based Anti-corruption Commission
13,335
Office of Police Integrity
12,364
Victorian Inspectorate
Sub total
822
26,521
Legal support to government and protecting the rights of Victorians
Victoria Legal Aid
119,440
Victorian Electoral Commission
40,250
Victorian Institute of Forensic Medicine
28,053
Community support groups
9,630
Victorian Equal Opportunity and Human Rights Commission
8,836
Office of the Victorian Privacy Commissioner
2,110
Other
4,227
Sub total
212,546
Dispensing justice
Office of Public Prosecutions
57,587
Judicial College of Victoria
2,259
Community support groups
1,738
Other
2,255
Sub total
63,839
Community operations
Community support groups
6,498
Local councils
3,184
Other
1,096
65
Sub total
10,778
Supporting the state’s fire and emergency services
Country Fire Authority
82,828
Victoria State Emergency Service
48,399
Metropolitan Fire and Emergency Services Board
38,977
Emergency Services Telecommunications Authority
13,941
Ambulance Victoria
9,781
Life Saving Victoria
6,683
Local councils
3,095
Community support groups
Other
Sub total
920
1,951
206,575
Enforcing correctional orders
Community support groups
4,805
Other
1,905
Sub total
6,710
Protecting consumers
Community support groups
6,266
Office of Housing
3,950
Other
1,392
Sub total
11,608
Gambling and liquor regulation and racing industry development
Victorian Commission for Gambling and Liquor Regulation
37,808
Racing Victoria Ltd
5,529
Racing Clubs
4,223
Victorian Responsible Gambling Foundation
Other
Sub total
Total
420
3,457
51,437
2,711,992
66