AGD · 2019. 2. 14. · Attorney General’s Department of NSW Annual Report 2000-2001 2000-2001 2000-2001

Attorney General’s Department of NSWAnnual Report 2000-2001

2000-20012000-2001

LETTER TO THE MINISTER

The Hon R J Debus, MPAttorney GeneralMinister for the Environment,Minister for Emergency Services and Minister Assisting the Premier on the ArtsLevel 2559-61 Goulburn StreetSYDNEY NSW 2000

Dear Attorney

I have pleasure in presenting the annual report of the Attorney General’s Department of NSW for the 2000-2001 financial year.

The report has been prepared in accordance with the Annual Reports (Departments) Act 1985 (NSW) and the Public Sector Finance Act 1983 (NSW) for presentation to Parliament.

Improvements in the performance of NSW courts and tribunals have been a strongfocus this year, particularly with the introduction of key performance measures.Significant achievements were also made towards improving services provided to peoplewith disabilities and using new communications technology to enhance and improvework processes, communication and client services. Innovations like videoconferencing, web based applications, virtual court services, court and corporateadministration support systems, electronic payment systems and multi-agency systemsnow ensure effective networking between justice partners and better services to the community.

Our many achievements this year could not have been possible without the support,commitment and enthusiasm of both staff and the judiciary.

I look forward to working with staff and the judiciary to build on these accomplishmentsin the year to come.

Yours faithfully

Laurie GlanfieldDirector General

Contact Details Attorney General’s Department of NSWGoodsell Building, 8-12 Chifley Square, Sydney NSW 2000

Postal Address GPO Box 6, Sydney NSW 2001

Website Address www.lawlink.nsw.gov.au

The annual report is available on the department’s website and can be made available in alternative formats, e.g. braille, audio tape, large print or computer disk. Please contact Executive and Strategic Services for more information on (02) 9228 7507.

For general inquiries and customer feedback, please contact the Community Relations Division: Tel (02) 9228 7484 Fax (02) 9228 8608 TTY (02) 9228 7676 www.lawlink.nsw.gov.au/crd Customer feedback freecall 1 800 684 449

ISSN 1320 0607

The Hon R J Debus

Attorney General

Attorney General’s Department of NSW Annual Report 2000-2001

CONTENTS

1

Introduction 2Who we are 2Role of the Attorney General 2Our Commitment to the Community 2Director General’s Review 3

Our Organisation 7Organisational structure 7Our people 8Information and communications technology 10 Corporate governance 12

Performance 14Goals and results 14Introduction of Key Performance Indicators 23

Outlook 28

Review of Operations 30Justice Policy and Planning Program 30

Aboriginal Justice Advisory Council 30Bureau of Crime Statistics and Research 31Crime Prevention Division 33Criminal Law Review Division 34Law Reform Commission 36Legislation and Policy Division 37

Court and Tribunal Services Program 39Supreme Court 39Land and Environment Court 41Industrial Relations Commission 43District Court 44Local Courts 46Compensation Court 48Dust Diseases Tribunal 48Administrative Decisions Tribunal 49

Human Rights Program 51Anti Discrimination Board 51Privacy NSW 51Office of the Protective Commissioner 52Office of the Public Guardian 54Victims Services 54

Legal and Support Services Program 57Community Justice Centres 57Community Relations Division 58Legal Management Service 58Legal Representation Office 59Public Defenders Office 60State Debt Recovery Office 60

Commercial Enterprises Program 62Crown Solicitor’s Office 62Registry of Births, Deaths and Marriages 63

Regulatory Services Program 65Legal Practitioners Admission Board 65Legal Professional Advisory Council 65Office of the Legal Services Commissioner 66Professional Standards Council 67

Justice Support Services Program 69Library Services Division 69Law Courts Library 69Reporting Services Branch 70Office of the Sheriff 71

Information and Management Services Program 73Corporate Human Resources 73Management Services 75Executive and Strategic Services 79

Financial Statements 81

Appendices 1601. Accounts payment performance 1602. Code of Conduct 1603. Complaints handling 1604. Consultants 1615. Contractors 1636. Court statistics 1637. Disability Strategic Plan 1718. Disposal of property 1769. Employee wages movements 17610. Enterprise Industrial Relations 17611. Equal Employment Opportunity 17812. Ethnic Affairs Priority Statement 17913. Freedom of Information 17914. Funds granted 18415. Guarantee of service 19216. Leave liabilities 19217. Legislative changes 19218. Legislative allocations 19319. NSW Government Action Plan for Women 19720. Occupational health and safety 20021. Overseas travel 20122. Publications 20323. Privacy and personal information 20524. Recycling performance 20525. Risk management and insurance activities 20626. Senior Executive Service officers 20627. Statutory appointments and 213

significant committees

Directory of business centres 215

Index 220

INTRODUCTION

2

WHO WE AREThe Attorney General’s Department assists the NSW Government, judiciary, Parliamentand the community to promote social harmony through programs that protect humanrights and community standards and reduce crime.

The department plays a key role in the administration and development of a just andequitable legal system of courts, tribunals, laws and other mechanisms that further theprinciples of justice and contribute to the achievement of the goals of Government.

The department assists the NSW Attorney General in his role as the First Law Officer of theCrown. It also provides support services to enable the Attorney General’s legislative andadvisory responsibilities to Parliament and Cabinet to be carried out.

ROLE OF THE ATTORNEY GENERALThe Attorney General is the first law officer of the State. In this position, he is the mostsenior member of the Bar and acts for or represents the Crown in litigation.

The Attorney General is the principal adviser to the Government and Cabinet on legal,constitutional and legal policy issues. In relation to legal policy issues, the AttorneyGeneral has an obligation to ensure efficiency in the administration of justice, consistencyin the level and nature of penalties under the law, observation of the rules of naturaljustice and the preservation of civil liberties.

As the Government’s principal legal adviser, the Attorney General advises the Premier,Cabinet and other Ministers and their departments on legal policy issues referred for hisopinion. The Attorney General provides such opinions having regard to the legal advice ofthe Solicitor General, Crown Advocate, Crown Solicitor or the department. In mattersrelated to Bills, Regulations and associated parliamentary procedures, in practice, theAttorney General relies on the advice of the Parliamentary Counsel. Advice on legal policyissues is provided through the Director General of the Attorney General’s Department.

The Attorney General also has responsibility for the appointment of judges, magistratesand statutory officers.

OUR COMMITMENT TO THE COMMUNITYOur Commitment to the Community was developed this year. This statement expressesour aims, objectives and values. It provides strategic direction across the departmentand succinctly captures what we strive to achieve as a diverse organisation:


Challenges

Excellent clientservices

Good management

Working well withothers

Responses

Delivering services in a timely and efficient way

Acting in an honest, fair and ethical way

Providing useful information and advice

Being competent, informed and helpful

Finding solutions to problems

Being courteous, professional and respectful

Communicating in an open way

Strengthening relationships with other agencies

Ensuring all our clients can access our services

Continuously improving the way we do things

Ensuring an inclusive and safe work environment

Encouraging participation, teamwork and effective leadership

Being accountable for our actions

Outcomes

Satisfied clients

Motivated and productiveworkforce

Community confidence

DIRECTOR GENERAL’S REVIEW

New communications technology has become a tool of change that is slowly butradically transforming justice systems around the world.

The NSW justice system is the largest and most complex system in Australia.Nevertheless, many of the advanced technologies we have introduced over the last fewyears have gone way beyond what has been attempted in similar sized jurisdictionselsewhere. Our aim has been to achieve a coordinated and integrated justiceinformation system and we have achieved significant results.

We are using new technology to enhance, improve and simplify work processes,communication and client services. Such innovations include videoconferencing, webbased applications, virtual court services, court and corporate administration supportsystems, electronic payment systems and multi-agency systems which promotenetworking between justice partners.

No matter how much we do, the push of new technologies invites us to do more. Fortunately,our strategy has always been to build sustainable systems and, thus, we have avoided thenegative consequences of a headlong rush into new technology for its own sake.

Due to the many initiatives undertaken by the department, a separate section onInformation and Communications Technology has been included in this Annual Reporton page 10.

New technology management system for courts

The introduction of the new electronic Courts Administration System later this year willsignificantly contribute to the provision of an integrated and coordinated justice system.This new system, which has been under development for a number of years, willprovide streamlined electronic document management for NSW courts, improve andsimplify access for citizens and significantly reduce administration costs.

Key Performance Indicators for court services

A significant focus for justice administration this year has been the move towards theintroduction of key performance measures in NSW courts and tribunals. Theseperformance measures were developed by the department and the Justice ResearchCentre. Progress towards the implementation of these measures has been encouragingwith nearly all courts and tribunals reporting on pending caseload and backlogs againsttheir time standards. Reporting on key performance indicators begins in this year’sannual report, with a selected range on pages 18-22. A more comprehensive range ofindicators will be reported next year.

Towards national benchmarks

Professor Ted Wright of the University of Newcastle has been engaged to conduct initialresearch and prepare a discussion paper on national key performance indicators for all Australian courts. A draft discussion paper will be circulated later this year forpublic comment.

Improved court performance

Improved court processes continue to reduce delays. Some of the significant gains thisyear were:

• The reduction in waiting times in the Supreme Court due to an allocation of


INTRODUCTION

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Laurie Glanfield

Director General


INTRODUCTION

4

$729,175 and the release of other funds to enable the appointment of additional

judges. This provided 957 additional judge-days this year.

• The Supreme Court’s setting of time standards for processing cases as part of a

package of reforms to ensure litigation is conducted efficiently and expeditiously.

The number of Supreme Court criminal trials on hand fell from 121 to 99 this year

and median delay for trials was nine months compared with 13 months (custody)

and 21 months (bail) previously. (Note: The Court no longer streams trials separately

for accused on bail and accused on custody.)

• The Industrial Relations Commission reduced its pending caseload by 30 per cent

this year and increased the number of matters finalised by 21 per cent.

• The Land and Environment Court’s proactive case management reduced cases on

hand by 5.8 per cent this year. In the Court’s criminal jurisdiction, 85 per cent of

prosecutions were completed within eight months. In other jurisdictions, 81 per cent

of matters were completed within six months.

• The District Court is experiencing the lowest number of criminal matters on hand on

record, which enabled the Court to reduce its pending caseload by 31 per cent this

year. This is due to the success of the centralised committals scheme (particularly

in Sydney and Sydney West), improved listing procedures and better allocation

of resources. This is despite the Court experiencing significant increases in its

civil caseload.

• Trials finalised by the District Court have dropped by 13 per cent over the last two

years. This is due to the significant reduction in pending caseloads and an increase

in complexity and length of trial matters being committed to the Court.

• Following successful pilots, the Local Court expanded its Transportability of Work

Program. Work such as data entry is now shared between the busy large metropolitan

registries and smaller courts in regional or rural areas to provide balanced workloads.

• The ongoing expansion of the Local Court Telephone Chamber Service and Outreach

Services has improved access for people who have difficulty attending their Local

Court. This applies particularly to people in remote and isolated rural areas and

those in metropolitan areas who have difficulty accessing the Court because of

disability, poor mobility, young children, poverty, distance or poor transport links.

Clerks of the Court and Chamber Magistrates now provide an almost complete range

of Registry and Local Court services at 45 non-court locations.

Review of the Land and Environment Court

An independent review of development application appeal processes by the Land and

Environment Court was concluded. The review aimed to find ways to make the system

less costly and less legalistic. In summary, it found no “systemic bias” by the Court and

recommended the Court:

• continue its role as an “independent umpire” in considering full merit appeals;

• encourage greater use of alternative dispute resolution and mediation before matters

reached the Court;

• conduct compulsory conferences, with commissioners having power to make binding

decisions;

• hold conferences on site rather than in the Court for minor matters;

• use panels of judges and commissioners to broaden the range of judicial expertise

when considering large scale or major matters; and

• limit cross-examination and length of hearings.

Legal Resource and Referral Centre

A Legal Resource and Referral Centre has been established in partnership with the

NSW Bar Association, the Law Society of NSW and Legal Aid Commission to provide

free legal information by telephone to the community. The centre will provide greater

access to justice, particularly for residents in regional and rural NSW. Detailed planning

and consultation with community legal centres was undertaken and services are

scheduled to commence in September 2001.

New strategic plan

In March 2001, the department introduced a new strategic plan titled Our Commitment

to the Community to lead the department and reinforce its vision and values in serving

the people of NSW. Our Commitment was developed with input from front-line service

delivery staff across the whole department. Our Commitment succinctly presents the

department’s responses to the challenges of providing excellent client service, good

management and working well with others.

The department’s business planning was aligned with Our Commitment to the Community

and a revised Corporate and Business Management Cycle prepared in order to streamline

business centre reporting. In 2001-2002, senior executive performance agreements will

be aligned to Our Commitment in order to ensure that this commitment is fulfilled.

Equity for people with disabilities

The Disability Strategic Plan 2000-2002 was published this year. As part of the plan, a

Flexible Service Delivery Program was introduced. The program provides improved training

and resources for front-line staff to better respond to clients with a disability. More than

30 per cent of staff have attended disability awareness training. The program was

introduced to the Supreme Court, Campbelltown, Bankstown and Wollongong Local

Courts, Administrative Decisions Tribunal and Victims Services. The program will continue

to be rolled out to the entire department and cover a further 24 business centres in

2001-2002. A disability services online database ACCESSLink and manual was

developed to provide hands-on advice to staff. This site averages 7,424 page views a

month and is among the top eight most visited sites on the department’s intranet.

Quality program revamped

The department’s quality program has been revamped to provide a new, broader

approach to quality and improvements to overall performance. The Quality Spectrum

Program acknowledges the differences between business centres and enables them to

tailor their quality approach to their specific requirements. Within the department,

strategic quality teams have developed and implemented improvements to coronial

processes and fine enforcement protocols.

Corporate services reform

A major project to reform corporate services was introduced across the department. This will

pull together a range of disparate projects and focus on directing resources from corporate


INTRODUCTION

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INTRODUCTION

6

overheads to direct service delivery. A key element is the better use of technology, such asemployee online self-service, which will be introduced in the year ahead.

Crime prevention initiatives

Encouraging crime prevention initiatives at the local level is a high priority. Thirteenmore local councils had crime prevention plans endorsed this year, with 60 councils nowcommitted to crime prevention planning. Fourteen Safer Community Compact grantswere awarded this year, with more than $850,000 allocated to local crime preventioninitiatives. For the first time, grants were also given specifically to support Aboriginalyouth initiatives. A key crime prevention project was the Statewide community educationcampaign to reduce violence against women by young men titled: Violence againstwomen: it’s against all the rules.

Improvements for Victims of Crime

More than 6,600 applications for counselling were received and approximately 20,000counselling hours were approved for victims of crime this year. The Victims of CrimeTribunal received 6,003 applications for compensation and 10,833 applications weredetermined, compared with 6,025 last year, reducing the number of claims awaitingdetermination by 26 per cent.

Better support for families and friends of missing people

The Family and Friends of Missing Persons Unit was established as part of theGovernment’s election commitment to assist families and friends of missing people.The unit is providing Australia’s first dedicated telephone counselling service operating24 hours, 365 days of the year.

Commitment of staff

There have been a number of changes and challenges in the department this year andwe have achieved outstanding results in many areas. The drive to provide qualityservices to the community is an ongoing objective. I was pleased to see that feedbackfrom clients – as indicated in many of the client surveys carried out this year across thedepartment – show an excellent level of public satisfaction with the courtesy andhelpfulness of staff.

I acknowledge and congratulate staff and judicial officers for their personal efforts andcommitment to delivering such excellent services.



OUR ORGANSISATION

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ORGANISATIONAL STRUCTURE

The department has 39 business centres which operate independently of each otherand report to the Director General either directly or through the Deputy DirectorGeneral. As the roles of the business centres are diverse, they are grouped into eight program areas to focus operations and planning:

Human RightsAnti Discrimination Board

Office of the Protective CommissionerOffice of the Public Guardian

Privacy NSWVictims Services

Justice Support ServicesAttorney General’s Library

Law Courts LibraryNSW Law Libraries

Office of the SheriffReporting Services

Commercial EnterprisesCrown Solicitor’s Office

Registry of Births, Deaths andMarriages

Court and Tribunal ServicesSupreme Court

District CourtLocal Courts

Land and Environment CourtCompensation Court

Dust Diseases TribunalIndustrial Relations Commission

Administrative Decisions Tribunal

Justice, Policy and PlanningAboriginal Justice Advisory CouncilBureau of Crime Statistics andResearchCrime Prevention DivisionCriminal Law Review DivisionLaw Reform CommissionLegislation and Policy Division

Legal and Support ServicesCommunity Justice CentresCommunity Relations DivisionLegal Management ServiceLegal Representation OfficePublic Defender’s OfficeState Debt Recovery Office

Regulatory ServicesLegal Practitioners Admission BoardLegal Professional Advisory CouncilOffice of the Legal ServicesCommissionerProfessional Standards Council

Information and ManagementCorporate Human Resources DivisionExecutive and Strategic ServicesManagement Services

DIRECTOR GENERALLaurie Glanfield

Note: The Solicitor General reports directly to the Attorney General.


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OUR PEOPLE

Employee Profile* 2000-01 1999-00 1998-99

Total staff 3,475 3,399 3,414Women 2,222 2,138 2,122Aboriginal and Torres Strait Islander 66 55 48Racial, ethnic or ethno-religious 720 706 683Non-English-speaking background 582 559 540Disability 250 261 259Disability requiring work adjustments 87 94 97 * Reference: Appendix 11

The challenging and varied work of the department attracts a diverse range ofemployees and a broad skills base. The department employs nearly 3,500 staff.

Training and development

The Corporate Development and Training Unit recorded 3,056 course completions this year(1,869 female and 1,187 male). This equates to 27,189 hours or 3,884 days of skilldevelopment. Training for employees is provided in a wide range of areas: client service,communication, management and leadership, performance planning and development,recruitment and selection, quality management, and information technology.

Occupational health and safety

This year there was a 7 per cent decrease in the total number of work-related injuriesand illnesses.

The department is committed to reducing the social, economic and financial costs ofwork-related injury. A comprehensive analysis of all work related injuries and illnesses iscurrently being undertaken to identify trends, patterns, causes, location and severity todetermine preventive action.

Implementation of the Workplace Safety Improvement Plan commenced in November2000. This included appointing a Workplace Safety Coordinator and the establishmentof an executive occupational health and safety advisory committee in January 2001.

Employee Awards for Excellence Program

The Employee Awards for Excellence Program aims to recognise outstandingachievement, promote a strong performance culture and improve morale, jobsatisfaction and client service. Six Employee of the Month awards and five Team of theMonth awards were given this year.

Employee of the Year 2000 was awarded to Pauline Barry of the department’s CrimePrevention Division. Pauline was recognised for her significant contribution to settingup the NSW Government's Beat Graffiti Program.

Team of the Year 2000 was awarded to the Off Site Processing Team of Local CourtsCivil Claims, who were recognised for dramatically turning around a huge backlog ofwrits and summonses by distributing processing work to Local Courts around NSW.

Quality Team of the Year was awarded to the team at the State Debt Recovery Officewho worked on the Getting Your Licence Back Program. The team developed a newsystem that reduced the time taken for lifting sanctions on licence and vehicleregistrations from five days to overnight.

Employee Assistance Program

The department’s Employee Assistance Program provides staff and their families with

access to a professional counselling service, funded by the department, to assist in

resolving problems in a comfortable, neutral and confidential manner. The service also

includes a “manager assist” component which gives managers assistance in dealing

with workplace issues.

Improving the work environment

The Workplace Ethics and Behaviour Program aims to create a harmonious, productive

and harassment free working environment where the contribution and diversity of staff

is valued. Strategies under this program have included developing harassment

prevention and grievance handling policies; a revised Code of Conduct; an updated

e-mail policy; Contact Officers and Workplace Advisers; Ethics in the Workplace

training; and a Corruption Prevention Strategy.

Migrant Work Experience Program

The introduction of the Migrant Work Experience Program enabled the department

to provide wider work experience for new migrants from other government agencies.

A number of departmental officers will be participating in job replacements at other

government agencies.

Vacation care

The department provides a Vacation Care Program for staff with school aged children.

A subsidy payment is given for up to ten days per school holiday period for children in

registered care.

Recruitment and selection procedures

In response to the 1999 Employee Survey, recruitment and selection processes were

significantly overhauled and a program of improvement introduced. Staff confidence in

the process has now improved 56 per cent. A recent survey shows that 66 per cent of

job applicants now feel the selection process is fair and transparent.

Our Commitment to the Community

In March 2001 a new department-wide strategic plan, Our Commitment to the

Community, was developed with input from front-line service delivery staff. Our

Commitment to the Community succinctly presents the department’s responses to the

challenges of providing excellent client service, good management and working well

with others. The department’s business planning is now aligned with Our Commitment

to the Community and in 2001-2002 senior executive performance agreements will be

aligned to it to ensure that this commitment is fulfilled.

Equity in employment

Strategies developed in the department’s Equal Employment Opportunity Strategic

Management Plan and implemented this year included improved representation of

women and staff from non-English-speaking backgrounds at senior levels. The

Aboriginal and Torres Strait Islander (ATSI) Employment Strategy established a number

of new programs this year to facilitate career development and workplace support and

strategy management.


OUR ORGANISATION

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OUR ORGANISATION

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INFORMATION AND COMMUNICATIONS TECHNOLOGY A steady but radical business transformation has been under way in the department inrecent years. The introduction of new technologies has meant rethinking the way weadminister the justice system in order to provide a more responsive and efficient serviceto meet changing community needs.

Building a flexible and dependable systems infrastructure was, and still is, a priority.This requires a planned and, at times, conservative approach to the adoption of newinnovations to ensure appropriate technology is adopted.

A simplified court administration system

Introduction of the Courts Administration System (CAS) will begin this year, representinga significant milestone for the department. CAS will replace a 17-year-old system with amodern web-based integrated system and simplify a complex information technologyenvironment. By providing access to a centralised database for all jurisdictions of theLocal, District and Supreme Courts, CAS will introduce improved operational reportingand management of cases matters before the court.

Continued web site success

The success of the department’s web site Lawlink NSW is changing the way we relate tocustomers. Launched in June 1998, Lawlink registers more than four million page views amonth and is consistently rated amongst the top most-visited legal web sites in Australia.

Lawlink is fast becoming an online portal, providing the primary means for interactivelysharing and obtaining information with external users. Lawlink now contains manyvaluable online resources and services, such as:

• electronic judgments of all NSW courts and tribunals through Caselaw immediately afterthey are handed down (over 4,000 users currently subscribe to the e-mail service);

• one-stop help for victims of crime to find support and information;

• fine payment at the State Debt Recovery Office;

• online purchase of birth certificates and free registration of wills and genealogysearches from the Registry of Births, Deaths and Marriages;

• downloadable forms from many courts and other justice agencies;

• access to crime trends from the Bureau of Crime Statistics and Research; and

• daily court lists automatically e-mailed to subscribers.

Improved collaboration between justice agencies

Collaboration between justice agencies is being substantially improved through theJustice Agencies Data Exchange Project (JADE). Justice agencies are now able totransfer criminal histories and other data daily between agencies, providing a moreaccurate and responsive system. For example, the daily transfer of apprehendedviolence orders from Local Courts to Police, the transfer of indictable charges fromPolice to the Director of Public Prosecutions and the ability to seamlessly match thenames and details of offenders against indexes held by different justice agencies.

Virtual courts a reality

A video link-up network covering 48 locations (by year end) now allows experts and otherwitnesses to give evidence to courts from remote and overseas locations.

Teleconferencing and video facilities in courts also allow prisoners to appear before courtwithout leaving the remand centre at Silverwater and other prisons. This “virtual court”system is not only improving public safety, but is also saving time, travel and security costs.

Electronic courtrooms now operate in the Supreme and District Courts, achieving analmost paperless court environment. Electronic courtrooms were used during the yearfor the Glenbrook Rail Inquiry, the Thredbo Inquiry and the Inquest into the Sydney toHobart yacht race.

Authenticated online lodgment of court documents was trialled in the Land andEnvironment Court during the year. The e-Callover System allows solicitors to log in andregister matters such as callovers, hearing dates, mediation and issues conferencedates, subpoena dates and other simple procedural matters. The public can also viewcourt transcripts in a special online “public forum”.

Just-in-time justice information

The General Local Court (GLC) system is now established in 56 Local Courts, covering80 per cent of all criminal matters. GLC is providing just-in-time justice informationsystems. For example, Local Courts are now able to immediately transmit criminalhistories to judges, magistrates and authorised justices, providing them with up-to-dateand accurate criminal histories.

Judges using voice recognition

Computer voice recognition for dictation is revolutionising the quality and efficiency ofjudicial work. Voice recognition software is now used by approximately 25 judgesincluding the Supreme Court, District Court, Compensation Court and Dust DiseasesTribunal, and all judges of the Land and Environment Court.

Faster, more efficient court recording

A major upgrade of court transcript services is under way, with 16 District Courtcourtrooms networked with remote video and audio recording equipment. This allows asingle operator to monitor two courtroom proceedings from another location. Thisservice is set to provide immediate access to transcripts and electronic judgments forcourt proceedings as well as the public.

Technology from an internal perspective

Technology is an integral part of day-to-day operations within the department. This yearanother 290 personal computers were installed with permanent network connections inLocal Courts throughout NSW. Other courts and business centres also received majorupgrades to equipment and infrastructure. The department’s intranet site Infolink isnow regularly used by some 2,800 staff and judicial officers every day.

Other internal initiatives under development include establishing an online recruitmentsystem and online access to services such as libraries, travel bookings, training coursesand ordering goods and services.

Outlook

Technology is a part of an ongoing strategy to develop ways to deliver services asefficiently and responsively as possible. The results so far have been extremely positive.Technology is enabling the department to shift focus away from time-consumingdocument management towards the efficient delivery of services and a better, simpler,more accessible justice system.


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OUR ORGANISATION

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CORPORATE GOVERNANCE

The policy management, performance and strategies of the department are coordinatedby the Director General reporting to the Attorney General.

The department is structured into a number of business units reflecting the coreresponsibilities of the department’s service provision to the NSW legal system. The department has grouped the centres into eight program areas centres to focus operations and planning, with each centre headed by a business centre manager. The executive team meets on a regular basis to plan and monitor thedepartment’s performance.

Commitment to best practice

The department has a commitment to achieve best practice in corporate governance. The establishment and communication of corporate strategies ensure that thedepartment’s actions conform with legal and other requirements, and that finances and other resources are well controlled. As part of the best practice approach, regularsenior management meetings are conducted to provide updates on operational andmanagement issues including audit matters and comments on financial reports. The department’s internal auditors are periodically invited to attend these meetings.

Statement of financial performance

The 2000-2001 financial year saw the introduction of a Service and Resource AllocationAgreement (SRAA) between the department and NSW Treasury. SRAA provides a frameworkfor future decision-making and will establish performance targets for the department. NSWTreasury monitors the financial results of the department on a quarterly basis.

Financial reporting and internal controls

The department has a three-year internal audit plan, which is reviewed and updatedeach year. It has both a financial and operational emphasis and is prepared andmonitored by the department’s internal auditors. Key areas of activity covered under theplan include information technology systems, contract management and tendering,product sales and levy of fees, corporate and business planning, and performancemanagement systems.

The department has established an Audit Committee comprising the Director Generaland three senior managers. The Committee meets quarterly to review progress againstthe Audit Plan, audit findings, recommendations and management responses.

A system to follow up the implementation of audit recommendations has been introduced.

As part of the Internal Audit Plan, regular reviews are conducted to ensure that therecommendations highlighted in audits are responded to in an appropriate manner. All major recommendations have been or are being implemented by management.

At the end of each financial year a questionnaire is issued to all business centremanagers seeking their assurances on a range of issues associated with the preparationof the department’s financial statements and internal controls.

Risk management

The department completed a risk management review of its operations during 2000-2001. The review was conducted by PriceWaterhouseCoopers and a new three-yearInternal Audit Plan prepared.

The department continues to implement Control Self-Assessment to enable improvedmanagement of risks within the department and to increase staff awareness.

Standards of behaviour

The department ensures that its staff adhere to its Code of Conduct. The Code ofConduct undertook review during the year and, in consultation with staff, a revisedCode was developed which is expected to be adopted in the 2001-2002 year.

In addition, the department has developed a best practice fraud and corruptionprevention strategy. This strategy covers matters such as relations with the public,Government and fellow staff, public comment, fairness and equity, the use ofconfidential information, the disclosure of financial and other private interests andrelations with the Ombudsman and the Independent Commission Against Corruption.

Issues of major public interest

During the year, the Office of the Protective Commissioner and the Office of the Public Guardian were subject to a review by the NSW Parliament Public Bodies Review Committee. The Premier’s Council on the Cost and Quality of Government also conducted a review of the department’s Human Rights Program Area, whichincludes the Offices of the Protective Commissioner and Public Guardian, NSW Anti Discrimination Board and Privacy NSW.

Statement of responsibility

The Director General, senior management and other employees have put in place an internal control process designed to provide reasonable assurance regarding theachievement of the department’s objectives. The internal audit function conducts a program of review to assess these controls.

To the best of my knowledge, this system of internal control has continued to operatesatisfactorily during the financial year ended 30 June 2001.



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PERFORMANCE

14

GOALS AND RESULTS

Goal: Continuously improve our services & increase satisfaction among our diverse clients.

Business centre

All business centres

Objectives

Provide client services to

ensure the needs of people

with disabilities are met and

they do not experience

discrimination.

Results

• Flexible Service Delivery Program

introduced in six locations:

Supreme Court, Bankstown,

Campbelltown & Wollongong Local

Courts, Administrative Decisions

Tribunal & Victims Services.

• A disability services online

database ACCESSLink & manual

was developed to provide staff

service advice.

• 30% of staff have attended

disability awareness training.

Future directions

• Introduce Flexible Service

Delivery Program

throughout the department,

beginning with 24 Courts

& business centres in

2001-2002.

Crown Solicitor’s

Office

Improved legal services to

clients in Torts Law by

restructuring of the Torts Law

Practice Group into two

client-based groups.

• An increase of 25% in average

monthly billable hours.

• Above budget financial performance

by Torts groups.

• 40% increase in new instructions

in Torts matters.

Dust Diseases

Tribunal

Continued development of

computerised case

management system.

Report generating modules

operational.

• Electronic courtroom phase

to be implemented by

December 2001 &

electronic lodgment

(including public inquiry

facility) to be developed as

the next phase.

Land &

Environment Court

Use technology to streamline

filing & processing of court

documents.

• Electronic callovers introduced

April 2001 (10% of all callover

matters were processed by

e-Callover by June 2001).

• Build on the success of

e-Callover by introducing

e-lodgment & online

hearing dates.

Library Services

Division

Conduct an Attorney

General’s Library client

satisfaction survey.

• Client survey conducted.

• 80% of judges, 85% of magistrates

and 78% of associates rate services

as “excellent”.

Local Courts Improve court operations

through the development of

an effective partnership with

the magistracy.

• Magistrates/Local Courts Strategic

Conference held September 2000.

• Joint participation on key strategic

committees.

• Development of more collaborative

working relationships in relation to

listings/court administration issues

at a regional level.

• Working parties formed will

develop strategies to improve:

– Case Management,

listing processes

– Information systems &

data collection

– Competencies/training

for Court support staff

– Administrative support

for Magistrates.


PERFORMANCE

15

Business centre

Local Courts

Objectives

Establish inter-agency

working parties to improve

procedures & service delivery

to external agencies.

Results

• Agreements with external

agencies expanded to reduce

duplication, streamline processes

& improve services.

• Police & Courts Project has

delivered service improvements

to NSW Police.

• Centralised committals processes

introduced to reduce delays &

improve coordination.

• Local Courts/Community Justice

Centres agreement in place to

improve referral & ensures court

users access most appropriate

form of dispute resolution.

Future directions

• Continuing involvement in

interagency working parties.

Management

Services

Implement e-commerce

initiative to facilitate online

ordering of common use

goods for the department.

• State-wide training of purchasing

officers completed.

• Full implementation of systems

complete.

• Annual savings achieved.

• Extension of e-procurement

strategy to procurement of

other contract items, via

Department of Public Works

& Service (DPWS) web site.

• Online tendering to be

facilitated through DPWS

web site.

• Air travel & accommodation

to be widely procured

through Internet facilities.

Office of the Legal

Services

Commissioner

Increase the efficiency &

effectiveness of handling

complaints made against

lawyers.

• 58.3% of complaints handled by

the OLSC were completed within

three months, compared with

53% in 1999-2000.

• Rates of accurate initial data

capture increased from 85% to

95% in some fields; significant

improvements in all areas.

• Survey of complainants &

practitioners conducted to identify

opportunities for improvement.

• Continue to develop

guidelines, standardised

procedures & in-house

training for complaint-

handling staff.

• Continue to improve

complaint management

systems to address concerns

raised by survey respondents.

Office of the

Protective

Commissioner

Introduce new investment

powers under “prudent

person principle”.

• Financial planning branch

established.

• New investment software

application acquired.

• Multiple investment pools

established.

• Establish Investment

Advisory Committee.

• Complete development of

financial plans for all clients.

• Introduce diversified

investment.


PERFORMANCE

16

Business centre

Office of the

Protective

Commissioner

Objectives

Improve decision making

on behalf of clients.

Results

• New service standards developed &

published.

• Written reasons for significant

decisions provided.

• Videoconferencing introduced.

Future directions

• Integrate financial plans

into estate management

planning processes.

• Improve client service &

disability awareness skills

of staff through training.

Office of the

Protective

Commissioner

Improve stakeholder

consultation &

communication.

• Inter-agency committees established

to improve government & non-

government agency coordination.

• Additional newsletters introduced for

private managers (Managing) & for

service providers (Connect).

• Establish regional offices.

Office of the Public

Guardian

Monitor compliance of

guardianship standards

against complaints received.

• Introduced a new complaint system. • Compliance data to be

reported annually.


Guardian

Provide information on the

rationale of decisions made

for clients.

• A recording mechanism has been

developed.

• Written reasons now provided.

• Review recording

mechanism, application &

impacts.


Guardian

Ensure policies are based on

best practice in health &

medicine.

• Medical Reference Group

established.

• Introduce & review policies

& procedures for OPG.

Reporting Services

Branch

Improve services by providing

court transcripts online.

• A pilot was conducted providing

transcripts online to six Supreme

Court & District Court judges in

March 2001.

• Transcripts have been provided to

Land & Environment Court judges

& Industrial Relations Commission

judges since April & June 2001

respectively.

• Provision of transcripts

online to all judiciary by

December 2001, to

Department of Public

Prosecutions by March

2002 & to Legal Aid by

June 2002.

State Debt

Recovery Office

To respond to client service

delivery issues in an

innovative & flexible manner.

• Reviewed & introduced an improved

Enforcement Order.

• Introduced electronic payment of

fines & penalties by telephone & the

internet.

• Establishment of an Investigative

Unit within SDRO to fast track

historical inquiries.

• Established a direct point of contact

for Members of Parliament regarding

constituent inquiries.

• Continue networking with

government & community

organisations.

• Explore the feasibility of

introducing electronic

payment options for payment

of Property Seizure Orders &

Time-to-Pay arrangements.

• Consider extension of

operating hours to meet

client requirements.

• Continued public awareness

program.


PERFORMANCE

17

Business centre

State Debt

Recovery Office

Objectives

Effective & timely

management of the fine

enforcement system.

Results

• Recovery of $90.1 million of

outstanding fines, penalties & costs

(an increase of 45% over 1999-

2000).

• Commenced enforcement

of more than 1.1 million historical

& current matters referred to the

SDRO (an increase of 48% over

1999-2000).

Future directions

• Continue to progress civil

enforcement action via

Property Seizure Orders,

Garnishee of Wages &

Community Service Orders.

• Enforce remaining historical

unit matters.

Supreme Court Improve facilities & services

for court users.

• Feedback system established.

• Registry users groups established.

• Probate users group established.

• 2001 biennial client survey drafted

in April & settled in consultation

with users group.

• Monitor & respond to

feedback from clients.

• Conduct regular meetings

of users groups to identify

issues from high volume

registry users.

• Conduct 2001 client survey

in July/August 2001 to

identify issues from

court/registry users.

Victims Services Establish support unit for

friends & family of missing

persons.

• Support unit established.

• Service provision awarded toMission Australia.

• Funding for discrete researchprojects identified.

• Monitor funding program.

Victims Services Increase victims of crime

awareness of support services

available.

• Standards manuals on charter &court support developed to assistgovernment departments.

• Web site for victims of crimeestablished.

• “Phone In” conducted to generatefeedback of victims’ needs.

• “Victims Support Helpline”campaign conducted.

• Distribute Standards

Manual to government

departments.

All business centres Integrate the justice

information system.

• AVOs electronically transferred daily

from the department to NSW Police.

• Indictable charges transferred daily

from NSW Police to Director Public

Prosecutions (estimated savings

$200,000 p.a.).

All Courts &

Tribunals

Improve measures of court

performance.

• All courts & tribunals now reporting

on clearance ratios. Five courts now

reporting on backlog & overload.

• All courts reporting on

backlog & overload.

Goal: Promote the earliest, most effective & efficient resolution of criminal matters & civil disputes.


PERFORMANCE

18

Business centre

Compensation Court

Objectives

Adopt Key Performance

Indicators & promote

expeditious disposal of cases.

Results

• New court time standards for

disposals developed & published in

December 2000.

• 85% of cases disposed within 39

weeks of filing application, 97%

within 72 weeks & 100% within

104 weeks.

Future directions

• Monitor & review time

standards.

• Implement effective listing

strategies.

Community Justice

Centres

Develop a State-wide,

regional service.

Establish partnerships to

enhance early intervention

& resolution of disputes.

Increase court diversion of

Apprehended Personal

Violence Orders & civil

claims matters.

• Regional model in place & roll out

of State-wide coverage has begun

in four regions across NSW.

• Service or Protocol Agreements in

place with Local Courts, Department

of Community Services (DoCS),

Housing & NSW Police.

• Continue State-wide

coverage of service.

• Maintain partnership

programs within the

department & externally.

• Maximise local court

referrals.

Criminal Law

Review Division

Review & improve civil

procedures across the court

system.

• Discussion paper prepared with

more simplified, streamlined &

standardised rules to govern civil

procedure from the making of a

claim through to hearing in court.

• Edit & release discussion

paper by September 2001,

obtain feedback & develop

a program for implementing

reform.

District Court Monitor growing increase &

complexity of new civil

matters.

• Despite an 18% increase in civil

actions, there hasn’t been an

increase in average waiting times

(11.7 months).

• Disposal rate of cases down by 0.5%.

• Analyse the impact of the

action taken to address the

increasing civil workload &

develop alternative

strategies if necessary.

District Court Review criminal listing

practices with the aim of

reducing waiting times &

improving hearing date

certainty.

• Pending trial caseload reduced to

31%.

• New trial committals reduced 19%.

• Continue the review of

criminal listing practices,

with a particular focus on

country sittings.

Industrial Relations

Commission

Reduce time period between

lodgment of Section 106

claims & reference from call

over for conciliation.

• Revised system for filing of material

by all parties was introduced to

enable meaningful & effective

conciliation to take place.

• Monitor feedback.

• Evaluate system.

• Continue to monitor results.


PERFORMANCE

19

Business centre

Industrial Relations

Commission

Objectives

Develop & implement

new procedures for unfair

dismissal applications,

applications under the Child

Protection (Prohibited

Employment) Act 1998

(NSW) & the award review

process.

Results

• Practice directions & application forms

developed & published for applications

under Child Protection (Prohibited

Employment) Act 1998 (NSW).

• New unfair dismissal forms

developed & published.

• Information sheets for employers &

employees developed & published.

• All relevant staff trained in new

procedures.

• Section 19 award review process

implemented.

Future directions

• Monitor & evaluate

efficiency of new

procedures.

• Complete Section 19 award

review process, monitor &

evaluate.

Land &

Environment Court

Provide a free, voluntary

mediation service for

litigants.

• In-house mediators established &

achieving a 70% settlement rate.

• Develop strategies to

promote mediation as a

means of resolving disputes.

Local Courts Expand Telephone Chamber

Service to those who

experience obstacles to

attending court.

• 20% increase in Local Courts offering

Telephone Chamber services.

• Regional Action Plans to

identify additional locations.

Local Courts Reform the structure &

procedures of the Children’s

Court.

• Children’s Court clinic commenced

operation 2 July 2001.

• Remote witness (CCTV) established

in 94 facilities (62 court locations).

• Set up video conference

link in 39 courts & justice

facilities.

• Build new Children’s Court

in Parramatta.

Registry of Births,

Deaths & Marriages

Undertake imaging to convert

all paper register records to

digital images by 2003.

• 100% of the death & marriage records

have been imaged & are available for

production.

• 20% of the birth records have been

imaged.

• Complete the imaging of

the birth records by

December 2001.

• Re-key the remaining records

that are not available in

electronic format.

Supreme Court Promote availability & use of

alternative dispute resolution

programs.

• 176 mediations conducted by

registrar-mediators, with 68% settling

at mediation.

• Two mediation rooms available from

May 2001.

• Continue to roster registrars

to maximise availability for

mediation.

Supreme Court Support the effective

implementation of court &

registry time standards.

• Reporting now provided each month

for Chief Justice’s time standards.

• Develop electronic reporting

features to enable the Chief

Justice to announce time

standards for civil non-

appellate cases.

Supreme Court Develop plans for electronic

management of key registry

functions.

• Planning & testing to enhance

electronic management of listing &

caseload analysis on Courtnet website

completed.

• Electronic document management,

computer assisted transcripts &

multimedia computers piloted in the

Idoport court case.

• Implement Courtnet website

enhancements.

• Implement electronic

callovers of matters.


PERFORMANCE

20

Goal: Contribute to the development of a legal system & laws in NSW that further theprinciples of justice & contribute to the achievement of the goals of government.

Business centre

Aboriginal Justice

Advisory Council

Objectives

Improve sentencing system to

ensure more effective

sentencing for Aboriginal

people & communities.

Results

• Developed a model to conduct a trial

of circle sentencing in NSW.

• Funding received.

Future directions

• Conduct circle sentencing

trial in Nowra.

Aboriginal Justice

Advisory Council

Develop an Aboriginal Justice

Plan for NSW.

• Consultation initiated through the

development of a concept paper

distributed to key stakeholders.

• Continue development of

the plan to be completed by

December 2003.

Aboriginal Justice

Advisory Council

Improve recognition of

Aboriginal customary Law.

• First of a series of community forums

on customary law held.

• Continue to host local

forums on Aboriginal

customary law.

Aboriginal Justice

Advisory Council

Identify needs of Kempsey

Aboriginal community.

• Forum hosted & the needs of the

Kempsey community examined.

• Pursue implementation of

forum recommendations.

Aboriginal Justice

Advisory Council &

Victims Services

Identify & examine the needs

of Aboriginal victims of crime.• Forum hosted & report completed. • Maintain partnerships with

Aboriginal representatives

in order to address the

needs of victims of crime.

Bureau of Crime

Statistics &

Research

Improve the quality of data in

the Bureau’s databases of

courts by conducting regular

data audits & maintaining

associated processing

systems.

• Of the 23 courts audited, 100% had

error rates of less than 5%; 78%

(18 of 23) had coverage rates of

95% or more.

• Changes were made to reflect the

new sentencing legislation.

• Continue both aspects of

data quality improvement

programs.

Bureau of Crime

Statistics &

Research

Identify factors which

influence crime & criminal

justice through evaluation of:

• “Safe City” crime

prevention initiatives

• Drug Court pilot program, &

• Effects of the Supervised

Injecting Room on crime &

public amenity.

• “Safe City” project report published.

• Two interim reports on Drug Court

pilot published.

• Baseline data on Supervised

Injecting Room being collected.

• Project completed. Report published.

• Complete the evaluation of

the Drug Court.

Criminal Law

Review Division

• Conduct a review of pre-

trial disclosure &

procedures – Criminal

Procedure Amendment (Pre

Trial Disclosure) Bill 2000.

• Legislation was prepared &

introduced into Parliament in

spring session. Legislation

passed April 2001.

• Continue the education of

profession & others on the

operation of the Act.

• Finalise funding

implications for Act’s

implementation.

Criminal Law

Review Division

Introduce legislation

concerning the use of

forensic procedures in

criminal investigations.

• Legislation introduced & regulations

developed.

• Continued involvement in

the Interdepartmental

Committee monitoring the

operation of the Act.

• Commence review of Act by

June 2002.


PERFORMANCE

21

Business centre

Law Reform

Commission

Objectives

Provide high quality legal

policy advice to the Attorney

General based on detailed

research & reflecting

extensive community

consultation.

Results

• Reports published:

– Surveillance: An Interim Report

– The Right To Silence

– Complaints Against Lawyers:

Review of Part 10 of the Legal

Professionals Act 1987

– Sentencing Aboriginal Offenders

– The Rule in Pigot’s Case

– Sentencing: Young Offenders

(Issues Paper)

Future directions

• Complete Sentencing:

Young Offenders Report by

June 2002.

Registry of Births,

Deaths & Marriages

Ensure the integrity, security

& privacy of the information

held & released.

• Developed Certificate Validation

Service.

• Improved Change of Name

procedure.

• Included Birth Certificate in

Commonwealth Proof of Identity

model.

• Introduced upgraded security paper.

• Undertook a Corruption Resistance

Review with ICAC.

• Continued development of

strategies to meet identified

fraud risks.

Business centre

Crime Prevention

Division

Objectives

Implement a State-wide

campaign targeting young

men to expand their

understanding of what

constitutes violence against

women & encouraging men to

take action against violence.

Results

• Multimedia education campaign

launched using high profile sports

stars as advocates.

Future directions

• Evaluate campaign &

continue localised

activities.

Goal: Reduce social disharmony through programs which prevent crime & protect human rights.

Crime Prevention

Division

Encourage community based

crime prevention activity

across NSW.

• 16 Local councils now have had

crime prevention plans endorsed as

Safer Community Compacts.

• $1.4 million awarded to community

based crime prevention projects.

• 13 Aboriginal Youth Crime

Prevention projects funded totalling

$351,078.48.

• Increase promotion of

Innovative Grants,

Aboriginal Youth Grants &

Safer Community Compact

Grants.

Crime Prevention

Division

Introduce a Youth Drug Court

in Western Sydney to

supervise young offenders

undertaking rehabilitation.

• Youth Drug Court Program

commenced in July. First participant

graduated February.

• Evaluate program & modify

where required.

Crime Prevention

Division

Introduce Magistrate’s Early

Referral into Treatment

(MERIT) program.

• Pilot MERIT programs commenced

in Far North Coast & Wollongong.

• Introduce MERIT programs

in Cabramatta & seven

other regions.


PERFORMANCE

22

Business centre

Crime Prevention

Division

Objectives

Raise awareness &

understanding amongst the

gay & lesbian community of

the Property Relationships

Amendment Act 1999 (NSW).

Results

• Acts of Passion campaign launched.

• Passionate Acts public forum

conducted.

Future directions

• Continue campaign &

evaluate outcomes.

• Conduct a follow up forum.

Crime Prevention

Division

Reduce violence against gay

& lesbian people.

• Community United Against Violence

Campaign launched as part the

Lesbian & Gay Anti-Violence Project.

• Education materials to be

distributed to schools.

• Continue campaign &

evaluate outcomes.

Crime Prevention

Division &

Aboriginal Justice

Advisory Council

Increased participation &

improved outcomes for

Aboriginal people &

communities in regard to

crime prevention activity.

• 13 Aboriginal Youth Crime

Prevention projects totalling

$351,078.48 funded with a further

13 projects eligibility listed.

• Working group established & an

action plan on improving crime

prevention results in Aboriginal

communities developed & endorsed.

• Pilot test Aboriginal crime

prevention plan with

Namatjira Working Party.

• Participation in AJAC State

Conference.

Business centre

Corporate Human

Resources

Objectives

Implement the human

resources strategy that was

developed in response to the

1999 employee survey.

Results

• New recruitment & selection

policies & procedures developed

& introduced, 400 staff trained

to date.

• Increased staff participation in

performance planning &

development.

Future directions

• Continue implementing

human resources strategy.

• Continue training new

recruitment & selection

processes.

• Rewards & recognition

program to be revamped.

• Introduce more flexible

working practices.

Corporate Human

Resources

Improve career development

for indigenous people.

• Eight business centres now

participating in career development

& work exchange strategy for

Aboriginal staff.

• Aboriginal career

secondment project to

commence in September

2001.

Corporate Human

Resources

Improve worker safety

& reduce workers’

compensation costs.

• A workplace safety improvement

plan developed & implementation

begun.

• OH&S committee network

commenced.

• Injury management for worksite

managers commenced, 14 managers

trained & accredited.

• Continue implementation of

the Workplace Safety

Improvement Plan.

Corporate HumanResources

Improve equal employmentopportunities.

• Equity networks established toincrease retention of people fromnon-English speaking backgrounds& people with disabilities.

• Web site established for Aboriginalstaff.

• Participation in Migrant WorkExperience Program.

• Improve information sharingthrough use of the intranet.

• Support equity networks &make improvements whereneeded to create a moresupportive work environment.

Goal: Build a harmonious & productive organisation which reflects the diversity of people in NSW.


PERFORMANCE

23

INTRODUCING KEY PERFORMANCE INDICATORS FOR COURTS AND TRIBUNALS

Courts and tribunals play an integral role in upholding our system of democraticgovernment. The value of our justice system is reflected in the strength of its ability to contribute to an ordered and peaceful society through independent and impartialdecision-making according to law. That value cannot be measured in terms ofproductivity.

At the same time, however, the community has a legitimate interest in the efficient andeffective use of public resources in the management of courts and tribunals. It has aright to expect and receive value for public expenditure and to receive appropriatereporting on the use of such resources.

A significant change in public reporting of the use of resources in the management ofcourts and tribunals is reflected in this annual report. This annual report incorporates anew approach to the reporting on the use of resources by adopting more meaningfulindicators of performance.

Over the last year, courts and tribunals in NSW have been progressively establishingsystems and compiling data to enable the reporting on key performance indicators. A full year of performance indicators is not yet available. Nevertheless, we haveselected a range of data covering the period January to June 2001 as a precursor to more enhanced reporting on court performance in subsequent years.

Key performance indicators in courts and tribunals published in this report are based on these simple measures:

Backlog is the number of pending cases which are taking too long, compared to the court’s time standards. It is the number of “old” cases on hand in excess of the number allowed under the court’s time standards.

Clearance Ratio for a month is the ratio of the court's new registrations that month to the average number of finalisations over the previous three months.

Supreme Court – Court of Appeal

Jan Feb Mar Apr May Jun

Registrations 32 53 82 52 40 51Finalisations 5 55 76 69 85 99Clearance ratio (%) 83 82 81 107 132 177

Supreme Court – Court of Appeal1 January 2001 to 30 June 2001


120

100

80

60

40

20

0

No.

mat

ters

Period

Registrations Finalisations

Supreme Court – Court of Appeal1 January 2001 to 30 June 2001


200

150

100

50

0

Clea

ranc

e ra

tio (

%)

Period

Clearance Ratio (%)


PERFORMANCE

24

District Court – Criminal Matters



District Court – Criminal Pending Caseload


Backlog no. > 1 year 301 276 243 225 203 170Backlog no. > 4 months 610 564 528 491 419 388

Industrial Relations Commission – Total Caseload



District Court – Criminal Caseload1 January 2001 to 30 June 2001


300

250

200

150

100

50

0

No.

cas

es

Months


District Court – Criminal Caseload1 January 2001 to 30 June 2001


120

140

100

80

60

40

20

0

Clea

ranc

e ra

tio (

%)

Period

Clearance Ratio (%)

District Court – Criminal – Backlog1 January 2001 to 30 June 2001


200

300

400

500

600

700

800

100

0

No.

pen

ding

cas

es

Months

Backlog No. > 1 year Backlog No. > 4 months

Industrial Relations Commission – Total Caseload1 January 2001 to 30 June 2001


Period

Clearance Ratio (%)

120

100

80

60

40

20

0

Clea

ranc

e ra

tio (

%)


PERFORMANCE

25

Land and Environment Court – Classes 1,2 & 3



Land and Environment Court – Classes 4 & 5



LOCAL COURTS

Local Courts – Civil Claims General Division



Local Courts – General Criminal Matters


Registrations 19,095 23,346 22,968 24,539 20,811 24,334Finalisations 18,008 19,007 21,955 22,856 19,125 24,210Clearance ratio (%) 92 88 90 90 94 95

Land and Environment Court – Classes 1, 2 & 31 January 2001 to 30 June 2001


120

140

100

80

60

40

20

0

Clea

ranc

e ra

tio (

%)

Period

Clearance Ratio (%)

Clea

ranc

e ra

tio (

%)

Land and Environment Court – Classes 4 & 51 January 2001 to 30 June 2001

Jan Feb Mar Apr May Jun0

50

100

150

200

250

Period

Clearance Ratio (%)


PERFORMANCE

26

Local Court – Children’s Court Criminal Matters:


Registrations 1,543 1,665 1,663 1,662 1,465 1,556Finalisations 1,158 1,155 1,474 1,439 1,172 1,550Clearance Ratio (%) 88 80 78 82 85 89

Local Court – Children’s Court (Care) Matters:


Registrations 267 202 241 224 210 332Finalisations 249 219 388 267 186 203Clearance Ratio (%) 90 101 121 131 125 86

Local Courts – Civil Claims General Division 1 January 2001 to 30 June 2001


Period

Clearance Ratio (%)

120

140

100

80

60

40

20

0

Clea

ranc

e ra

tio (

%)

Local Courts – Civil Claims General Division1 January 2001 to 30 June 2001


Period


500

400

300

200

100

0

No.

mat

ters

Local Courts – General Criminal Matters1 January 2001 to 30 June 2001


Period

Clearance Ratio (%)

120

100

80

60

40

20

0

Clea

ranc

e ra

tio (

%)

Local Courts – Children's Court Criminal Matters1 January 2001 to 30 June 2001


Period

Clearance Ratio (%)

120

100

80

60

40

20

0

Clea

ranc

e ra

tio (

%)

Local Courts – Children's Court (Care) Matters1 January 2001 to 30 June 2001


Period

Clearance Ratio (%)

120

140

100

80

60

40

20

0

Clea

ranc

e ra

tio (

%)

Local Courts – General Criminal Matters1 January 2001 to 30 June 2001


Period


30,000

25,000

20,000

15,000

10,000

5,000

0

No.

mat

ters


PERFORMANCE

27

Summary of time standards for NSW courts and tribunals

District Court Civil 90% within 12 months100% within 2 years

Criminal Within 16 weeks of committaltrials or all ground or lodging appeal in 90% of appeals cases or six months 100%

Sentence or appeals Within 2 months committalagainst sentence or lodging of appeal in 90%

or 6 months in 100%

Land and Class 1, 2, 3 combined 95% of applications disposedEnvironment Court within 6 months

100% of applications disposed within 12 months

Class 4, 5 combined 95% of applications disposed within 8 months

100% of applicationsdisposed within 16 months

Supreme Court Criminal cases 50% within 9 months70% within 12 months90% within 15 months100% within 18 months

Court of Criminal Appeal 50% within 6 months90% within 12 months100% within 18 months

Court of Appeal 50% within 6 months80% within 12 months90% within 18 months100% within 24 months


OUTLOOK

28

Building better Children’s Courts

Planning for construction of two new Children’s Courts at Parramatta and Worimi in theHunter region will begin this year. At a cost of $17.3 million, the Parramatta complexwill become the headquarters for the NSW Children’s Court when completed in 2006.The Worimi Children’s Court will cost $6.5 million and will be completed in 2005. Anew Children’s Court Clinic will begin on 2 July 2001 which will provide the Children’sCourt with independent and expert clinical assessment.

Better service for people with disabilities

People with disabilities will benefit from improvements to services under a new$324,000 state-of-the-art training program to begin in July 2001. The Flexible ServiceDelivery Program provides the training, resources and authority for frontline staff tobetter respond to the needs of clients with a disability. The program will be introducedin 24 Courts and other centres across the State over the next year.

Drug-crime diversion program extended to Liverpool

The department’s innovative drug-crime diversion program will be expanded in thecoming year as part of the State Government’s Cabramatta anti-drug strategy. TheMERIT – Magistrates Early Referral into Treatment – program diverts drug dependentminor offenders into a range of treatment and rehabilitation services. The program aimsto reduce substance abuse and protect the community by preventing further drug-related crime.

Crime prevention by getting kids off to a good start

A series of seminars will be held across the State as part of a campaign to educatesocial workers, teachers and other human service providers on early interventionapproaches to preventing criminal and anti-social behaviour in vulnerable young people.

Grants to provide safer communities

The department’s Safer Communities Program will provide $1.5 million in the comingyear for approved crime prevention projects developed by councils and theircommunities across the State. The Safer Communities Program helps communitiesidentify crime problems and find local solutions. Two crime prevention project officerswill be employed to work with communities in far-western NSW over the next two years,at an estimated cost of $320,000. The officers will develop and finalise crimeprevention plans for Bourke, Brewarrina, Walgett, Wilcannia and Coonamble.

Indigenous Justice Strategy

A $1 million Indigenous Justice Strategy will target the over-representation ofAboriginal people in the NSW criminal justice system in the year ahead. In consultationwith indigenous communities, proactive strategies will be implemented to block thepath that leads to people ending up in jail. The most significant initiative will be theintroduction of a Circle Sentencing Scheme in rural and regional areas. Circlesentencing takes place outside the formal court setting and involves respected eldersfrom the indigenous community, a judicial officer, NSW Police, prosecutors, theoffender – and the victim, if they wish – sitting together and jointly determining anappropriate punishment within the existing law. This process will not be used forserious crime, but will give courts an alternative to continually sending Aboriginalpeople to jail.

New technology for courts

The department’s strong focus on introducing new technologies into courts will continuewith document automation a priority. The Land and Environment Court will establishthe first fully automated court facility in NSW by June 2002, with the Supreme Courtalso working towards fully automating its filing and documents.

An internet search engine for legal information – Lawzone – will be launched inSeptember 2001. Lawzone will provide a single entry point for public access to onlinelegal services and resources.

Introduction of the Courts Administration System (CAS) will begin this year. CAS willreplace a 17-year-old application with a modern, integrated web-based system. CAS willcentralise all the business conducted by the Supreme, District and Local Courts andimprove management of court cases. CAS will also enable courts to support electroniclodgment of legal documents and online access to public information held by courts.


OUTLOOK

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JUSTICE POLICY ANDPLANNING PROGRAM

The Justice Policy and Planning Program

consists of the following business centres:

• Aboriginal Justice Advisory Council

• Bureau of Crime Statistics and Research

• Crime Prevention Division

• Criminal Law Review Division

• Law Reform Commission

• Legislation and Policy Division

ABORIGINAL JUSTICE ADVISORYCOUNCIL

Executive Officer: Marcia Ella-Duncan

The role of the Aboriginal Justice Advisory

Council (AJAC) is to:

• advise the Government on law and justice

issues affecting Aboriginal people; and

• develop proposals for change and monitor

programs relating to the impact of the criminal

justice system on Aboriginal people.

Highlights

Circle sentencing

AJAC circulated a discussion paper on circle

sentencing and, after consultation, developed an

alternative sentencing model. The model will be

trialled in Nowra in 2001-2002. Circle

sentencing is an alternative sentencing format

that allows for greater involvement of Aboriginal

communities in the sentencing process.

Review of Royal Commission responses

AJAC conducted a review of the responses to the

recommendations made by the Royal Commission

into Aboriginal Deaths in Custody. The review

examined departmental responses to individual

recommendations and the level of implementation

of the recommendations as a whole. The review

also examined the current reporting and monitoring

process for the recommendations and assessed

whether they would achieve a reduction in Aboriginal

involvement in the criminal justice system.

Aboriginal Justice Plan

AJAC developed a strategy to prepare an

Aboriginal Justice Plan for NSW. The plan will

provide a comprehensive whole of government

approach to addressing Aboriginal justice issues

and cover underlying social, economic and

cultural issues, justice issues, customary law,

law reform, and funding levels.

The plan will include:

• jurisdictional targets for reducing the rate

of over-representation of indigenous people

in the criminal justice system;

• planning mechanisms;

• methods of service delivery; and

• monitoring and evaluation.

The plan is the NSW response to the 1997 National

Summit into Indigenous Deaths in Custody.

As part of the preliminary development of the

plan AJAC developed and released the concept

paper Where to from here: 10 years after the

Royal Commission, some suggested directions in

Aboriginal Justice Planning. The paper outlines

proposed approaches for the development of the

justice plan.

Customary law forum

The South Eastern Regional AJAC hosted a forum

on Aboriginal Customary Law. The forum was well

attended by Aboriginal people from the south

coast region and examined what customary law is,

current customary practices and possibilities for

the future recognition of Aboriginal customary

law. This forum is the first of a series of local

forums for Aboriginal communities to be held

throughout the State.

Kempsey community forum

The Many Rivers Regional AJAC hosted a

community forum in Kempsey. The forum

examined:

• ideas to help reduce crime in the Kempsey

community;

• community approaches to solving social and

economic problems in Kempsey;

• problems that limit good working relationships


REVIEW OF OPERATIONS

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between government departments and local

Aboriginal communities;

• cooperative working relationships; and

• dealing with substance abuse.

Aboriginal victims forum

AJAC and the Victims of Crime Bureau hosted a

forum on the needs of Aboriginal victims of crime.

Topics included fear, staying silent, feeling shame

and not asking for help until crisis point. Other

issues discussed included not reporting crimes to

NSW Police, giving only partial evidence in court,

not accessing support services, not making a

complaint if the service was inadequate or unfair

and culturally appropriate counselling.

Participants shared information about how their

agencies worked with Aboriginal victims.

Representatives agreed there was a need to better

identify clients who are Aboriginal, to talk to

Aboriginal communities about ways to assist victims,

to work with other agencies and to develop better

ways of providing information for victims of crime to

agencies and communities.

The year ahead

The key priorities for the Aboriginal Justice

Advisory Council in the year ahead are to:

• conduct research on the needs of Aboriginal

women in custody;

• conduct research to improve Aboriginal access

to bail;

• conduct a trial of circle sentencing in Nowra;

• develop proposals to improve the range of

diversionary options available to Aboriginal

defendants;

• develop the Aboriginal Justice Plan for NSW; and

• host a number of local community forums

examining Aboriginal customary law.

BUREAU OF CRIME STATISTICS AND RESEARCH

Director: Dr Don Weatherburn

The role of the Bureau of Crime Statistics and

Research (BOCSAR) is to:

• provide policy makers and administrators with

statistical information and research to help

reduce crime and improve the NSW criminal

justice system; and

• provide information and advice to the public

to promote more informed public debate about

crime and criminal justice.

Highlights

Results of the 1999 Drug Summit

Research has commenced on assessing the effect

of drug law enforcement on heroin users and

assessing the deterrent effect of the law on

cannabis use.

Criminal justice system simulation model

Development of a first-stage simulation model of

the NSW criminal justice system was completed

and a working version was made available to all

criminal justice agencies for testing its use as a

policy simulation tool. A protocol for using the

model is being developed.

Improved data quality

Two major changes during the year had a

significant impact on the processing of criminal

courts data. Legislative changes resulted in a

range of different penalties which had to be

incorporated into the databases. Secondly, a

substantial number of courts moved from a

manual data collection system to a computerised

system. Both changes required redevelopment of

BOCSAR’s computer processing systems for

criminal court appearance data. Unfortunately

some unforeseen problems beyond BOCSAR’s

control resulted in loss of data. Recovery of the

lost data will delay the reporting of criminal court

statistics for the year 2000.

Improved statistical and information service

Significant improvements have been made to

BOCSAR’s information service through greater use

of internet. This year, for the first time, BOCSAR

published recorded crime statistics for each local

government area on its web site, making

information about crime in a person’s local area

accessible to everyone with internet access.

The web site was also upgraded to include an

increased amount of summary statistical

information and access to the text of all recent

publications. As a result, the number of “hits”

per month doubled from the start of the year,

growing to about 30,000 by the end of the year.

A further improvement to the information service is

that members of the public can now opt to receive

e-mail notification when a new report is released.

Research achievements

BOCSAR conducts research on criminal justice to

provide information for policy makers. This year

BOCSAR began a collaborative venture with the

National Drug Research Institute of Curtin

University, Western Australia. Funded by NSW

Health, BOCSAR is conducting research on alcohol-

related crime in cooperation with Curtin University.

Results from the research are being published in a

new report series, Alcohol Studies Bulletins.

Key research findings this year include:

• validation of police crime statistics

There is no evidence of any systematic non-

recording of break and enter or motor vehicle

theft offences. This finding resulted from an

audit of 80 NSW Police local area commands

where trends in emergency “000” telephone

calls were compared with trends in recorded

criminal incidents.

• preliminary findings from the Drug Court evaluation

Four months after joining the Drug Court

program, offenders are in much better health,

are more socially capable and show clear

evidence of having substantially reduced or

eliminated their illicit drug use. These are the

first findings from a series of interviews with

program participants.

• evaluation of the Safe City Strategy in Central Sydney

Results from a survey of 1,808 city users

indicate high levels of endorsement of the City

of Sydney’s Safe City Strategy, suggesting the

strategy was effective in increasing perceived

safety and reducing fear of crime.

An analysis of crime statistics was inconclusive,

although there are indications of a positive

impact on crime in the city area compared

with the remainder of the Sydney localgovernment area.

• the scope for reducing indigenous imprisonment rates

Compared with the non-indigenous population,Aboriginal and Torres Strait Islander people are five times more likely to appear in NSWLocal Courts on criminal charges and ten timesmore likely to receive a prison sentence.Results from an analysis of court appearancedata indicate that efforts to reduce the level of Aboriginal and Torres Strait Islander over-representation in prison should focus on reducing the high rate at which they appearin court on criminal charges. Increased use ofdiversionary programs and community basedsentencing options for Aboriginal and TorresStrait Islander defendants would also helpreduce their over-representation.

• the problem of mobile phone theft

Coincident with the spread of mobile phones,there has been an increase in the number ofphones stolen each year. In just two yearsthefts of mobile phones has doubled. It istechnically possible for some, if not all, mobilecarriers to block the use of a stolen mobilephone, given its unique identity number. If thisblocking was routinely carried out for all phonesreported stolen there would be huge potentialfor reducing theft.

• alcohol-related violence

According to police records, 23 per cent ofassaults, 58 per cent of offensive behaviourincidents and 6 per cent of malicious damageincidents are related to alcohol. Almost one inevery ten assaults recorded by police occur onlicensed premises. These findings indicate thatit would be worthwhile to conduct research onlicensing law enforcement and its impact onalcohol-related violence.

• drug crime prevention and mitigation

A comprehensive review of the researchliterature on drug crime prevention andmitigation revealed a number of gaps incurrent knowledge. The review identifiedpromising areas for future research in the areas


REVIEW OF OPERATIONS Justice Policy and Planning

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of deterrence, market disruption, coerced

treatment and primary prevention.

The year ahead

The key priorities for the Bureau of Crime

Statistics and Research in the year ahead are to:

• complete the evaluation of the Drug Court;

• research the deterrent effect on drug use of

the law and law enforcement; and

• conduct further research on the relationship

between alcohol, licensed premises and

violent crime.

CRIME PREVENTION DIVISION

Acting Director: Bronwyn Somerville

The role of the Crime Prevention Division (CPD)

is to:

• provide the Government with advice on crime

prevention policy and programs in NSW;

• coordinate efforts to reduce crime through the

development and promotion of effective crime

prevention strategies; and

• implement the NSW Strategy to Reduce

Violence Against Women.

Highlights

During the year, CPD provided advice and support

and facilitated consultations in a number of

communities across NSW, including Wilcannia,

Broken Hill, Maclean, Grafton, Tweed Shire,

Tumut, Blacktown, Ballina, Coffs Harbour,

Liverpool, Miller, Burwood, Katoomba, La

Perouse, South Sydney, Casino, Dubbo, Walgett,

Bourke and Brewarrina.

In addition to funding the annual Safer Towns

and Cities Forum in Newcastle, CPD staff

presented at a range of forums including:

• Local Government Aboriginal Network

conference;

• Southern Sydney Regional Organisation of

Councils Community Safety forum;

• NSW SafeCom symposium;

• NSW Strengthening Communities forum;

• PCYC Programming conference;

• NSW Police Youth Liaison Officers forum;

• NSW Police Community Safety Officers forum;

and

• Victims Services Aboriginal Victims of

Crime forum.

CPD also participated in two Aboriginal and

Torres Strait Islander Commission (ATSIC) crime

prevention forums during the year.

Supporting local crime prevention

Thirteen more local councils now have crime

prevention plans endorsed by the Attorney

General as Safer Community Compacts this year.

The number of local councils and Aboriginal

communities seeking assistance to develop crime

prevention plans has increased throughout the

year. CPD estimates that 60 local councils are now

committed to crime prevention planning and

implementing crime prevention activities, including

a number who are negotiating with Aboriginal

communities to develop crime prevention plans.

Fourteen Safer Community Compact grants were

awarded between 1 July 2000 and 30 June 2001

with $868,867.77 allocated by CPD to local

council crime prevention initiatives. Aboriginal

Youth Crime Prevention grants were offered for the

first time in late 2000 under the Safer

Communities Development Fund. A total of

$445,889.93 was given to 16 projects across

NSW (see Appendix 14). The fund also provided an

interim grant to sustain the Lidcombe Children’s

Court Assistance Scheme through 2001;

contributed to the Premier’s Youth Partnerships

Initiative; supported the YWCA Mentoring Project

and contributed to the cost of the Premier’s

People, Place and Partnerships conference.

New rights for gay and lesbian community

A community education campaign titled Acts of

Passion was conducted across NSW during the

year. The campaign increased awareness in the

gay and lesbian community of the new rights and

responsibilities associated with the passing of the

Property (Relationships) Amendment Act 1999

(NSW). The campaign was developed in

partnership with NSW Young Lawyers, the Gay

and Lesbian Rights Lobby, the AIDS Council ofNSW and the Inner City Legal Centre.

CPD hosted a forum that discussed issues ofviolence, harassment and discrimination withinthe community. Passionate Acts at ParliamentHouse was attended by over 160 people and wonBest Community Event for 2001 by organisers ofthe Gay and Lesbian Mardi Gras.

Beating graffiti

During the year $300,000 was distributed to 54 local councils, community organisations andschool groups for youth projects to prevent illegalgraffiti under the Beat Graffiti Grants Scheme.The Graffiti Blasters graffiti removal program wasalso extended to include 13 additional localcouncil areas with high-recorded rates of graffiticrime. Local councils and communityorganisations were also encouraged to participatein the Graffiti Solutions Program through localprojects including the community service order – Graffiti Clean Up Scheme.

Combating violence against women

One of the key projects undertaken by CPD’sViolence Against Women Unit this year was theimplementation of a State-wide communityawareness campaign aimed at young men. Thecampaign was launched by media personalityTony Squires and used the images of well-knownsports stars including Michael Slater, MarkBosnich, Dale Lewis and Laurie Daley to reachyoung men with the message that ViolenceAgainst Women is Against All the Rules.

Regional Violence Prevention Specialists workedwith Aboriginal women and young people on artprojects and developed pamphlets and otherresources to meet local needs. A literature reviewwas conducted to provide an overview of work thathas been carried out on the issue of spiked drinksand sexual assault. Another important and ongoingfacet of the specialists’ work is the role they play inresourcing and supporting local initiatives andorganisations, including the Local DomesticViolence Committees funded by a grant through the strategy.

The year ahead

The key priorities for the Crime Prevention

Division in the year ahead are to:

• implement a coherent crime prevention action

plan in conjunction with other government and

community agencies;

• establish a range of Aboriginal community

crime prevention projects;

• develop and implement a comprehensive

communications program to inform and

educate the community and relevant

organisations on crime prevention practice;

• implement the Pathways Project, which is

trialling the implementation in a local

community of a range of early intervention

strategies and programs to achieve long-term

results in crime reduction and prevention;

• implement a project to pilot an education

program targeted at men who behave violently

and to extend the strategies aimed at

increasing women’s and children’s safety;

• finalise a review of the Children (Protection

and Parental Responsibility) Act 1997 (NSW);

• establish the Magistrates Early Referral Into

Treatment (MERIT) program in seven regions;

• finalise a review of the Drug Court Act 1998

(NSW); and

• develop and implement a research project that

improves information on violence experienced by

the gay, lesbian and transgender communities.

CRIMINAL LAW REVIEW DIVISION

Director: Chrissa Loukas

The role of the Criminal Law Review Division

(CLRD) is to:

• provide advice and support to the Attorney

General on criminal law; and

• to assume responsibility for the Attorney

General’s legislative program relating to the

reform of criminal law and procedure.

Highlights

Advice to Parliament

This year CLRD provided briefings and advice

to members of Parliament with regard to the



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Government’s legislative proposals, along with

legal policy advice to various areas of

Government. It was actively involved in the

development of the following pieces of

major legislation:

Criminal Procedure Amendment (Pre Trial

Disclosure) Bill 2000, Crimes (Forensic

Procedures) Act 2000 (NSW), Crimes

Amendment (Computer Offences) Bill 2001,

Drugs Misuse and Trafficking Bill 2001, Police

Powers (Internally Concealed Drugs) Bill 2001,

Police Powers (Drug Premises) Bill 2001, and the

Crimes Legislation Amendment (Existing Life

Sentences) Bill 2001.

Law review

CLRD has released a discussion paper on People

with an Intellectual Disability Giving Evidence in

Court and conducted reviews on the age of

criminal responsibility of children, Part 10A of

the Crimes Act 1900 (NSW) and the Search

Warrants Act 1985 (NSW).

Drugs and crime reform

CLRD was involved in a number of initiatives

relating to crime in Cabramatta, apart from the

legislative reforms, in the Drugs Misuse and

Trafficking Bill 2001, Police Powers (Internally

Concealed Drugs) Bill 2001 and the Police Powers

(Drug Premises) Bill 2001. These initiatives arose

primarily as a result of the Premier’s ministerial

statement made in the Legislative Assembly on

27 March 2001 regarding Cabramatta. It included

the implementation of NSW Police bail in

Cabramatta and the roll-out of the Magistrates

Early Referral Into Treatment (MERIT) program in

some areas of South Western Sydney including

Cabramatta. CLRD also liaised with NSW Police in

relation to proposed firearms legislation.

Drug Summit initiatives

CLRD has continued to be involved in the

development of initiatives arising from the 1999

Drug Summit. These include:

• advise on the legality of Customs Act 1901

(Cwlth) obligations and the injecting room

proposal. (The subsequent judgment from the

Supreme Court confirmed the advice.);

• advise on the legality and practicality of the

cannabis and other drug cautioning schemes;

• changes to the Bail Act 1978 (NSW) to allow

for diversion to rehabilitation;

• implementation of the MERIT pilot based at

Lismore Court to identify drug offenders who

would benefit from rehabilitation programs;

• changes to sentencing law to allow for

diversion of those offenders in need of

rehabilitation; and

• participation with other agencies and

departments in a whole-of-government

approach to the problems caused by drug

and alcohol use and addiction.

New criminal code

CLRD continues its involvement in developing a

Model Criminal Code for Australia. As a member

of the Model Criminal Code Officers’ Committee

(MCCOC), CLRD had input into the development

of Chapter four of the Report of MCCOC, entitled

Damage and Computer Offences, which was

released in January 2001. CLRD has been

responsible for the development of the Crimes

Amendment (Computer Offences) Bill 2001, which

is based on the MCCOC model and puts NSW in

the forefront of crime in this new jurisdiction.

New forensic procedures law

In partnership with the Commonwealth, and as

part of the Model Criminal Code project, CLRD

worked extensively on the Crimes (Forensic

Procedures) Act 2000 (NSW), which largely

commenced on 1 January 2001. The Act provides

for the carrying out of forensic procedures on

suspects, serious indictable offenders and

volunteers. It also provides rules for matching

profiles on the DNA database. CLRD has

presented at the Local Courts Metropolitan

Seminars for Magistrates at the Judicial

Commission to assist magistrates in their

understanding of the new legislation.

New Apprehended Violence Order (AVO) law

Legislation to enhance effectiveness of the AVO

scheme to distinguish between Apprehended

Domestic Violence Orders and Apprehended

Personal Violence Orders and ancillary matters

(e.g. costs, police procedure) commenced on

26 April 2000. CLRD continues to chair the

Apprehended Violence Legal Issues Coordinating

Committee.

Pre-trial disclosure laws

CLRD assisted the Government in preparing

the legislation and amendments required as a result

of debates in Parliament. The legislation was passed

in April 2001. The Director has been presenting

papers on the new legislation at various venues to

assist the profession in understanding the new law.

Police Powers

CLRD, together with NSW Police and the Police

Ministry, prepared a Draft Exposure Bill on Police

Powers which was released in June 2001.

The year ahead

The key priorities for the Criminal Law Review


• continue the review of Part 10A of the Crimes

Act 1900 (ACT), which is examining

submissions from NSW Police, Law Society of

NSW and Legal Aid to ascertain whether policy

objectives have been met;

• review majority verdicts and jury reform

particularly with reference to the latest report

by the New Zealand Law Commission;

• chair the Interdepartmental Committee on

Mental Health (Criminal Procedure) Act 1990

(NSW) and cognate legislation review;

• consolidation and codification of Police Powers

into one Act;

• implement Model Criminal Code

recommendations relating to offences

concerning sexual slavery;

• review the law of self-defence;

• statutory review of Part 15A of the Crimes

Act 1900 (ACT);

• statutory review of the Crimes (Forensic

Procedures) Act 2000 (NSW);

• review of the Search Warrants Act;

• focus upon gang-related activities including

sexual assault and car theft; and

• ongoing review of theft, fraud and related

offences.

LAW REFORM COMMISSION

Executive Director: Peter Hennessy

The role of the Law Reform Commission (LRC) as

an independent statutory authority is to:

• conduct research and provide advice to the

Attorney General on reforming the law of NSW.

Highlights

LRC published three reports and one issues paper

this year:

• LRC Report 95, The Right to Silence

(July 2000)

• LRC Report 96, Sentencing: Aboriginal

Offenders (October 2000)

• LRC Report 97, The Rule in Pigot’s Case

(January 2001)

• LRC Issues Paper 18, Complaints Against

Lawyers: Review of Part 10 (October 2000)

The LRC completed a fourth report, LRC 98,

Surveillance: An Interim Report, which will be

published later in 2001.

LRC also planned to publish a discussion

paper as part of its review of the Property

(Relationships) Act 1984 (NSW). The discussion

paper will now be published early in the next

financial year.

LRC will also review the format and style of its

publications, particularly their consultation

papers. LRC is looking at ways to make the

information contained in these publications

more accessible to a wider audience.

The year ahead

The key priorities for the Law Reform Commission

in the year ahead are to:

• complete reports on Contempt by Publication;

• publish a Discussion Paper on the Review of

the Property (Relationships) Act 1984 (NSW);

• publish an Issues Paper on Sentencing: Young

Offenders; and



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• publish an Issues Paper on Sentencing:

Corporate Offenders.

LEGISLATION AND POLICY DIVISION

Director: Maureen Tangney

The role of the Legislation and Policy Division

(LPD) is to:

• advise the Attorney General, the department, the

courts and other Government departments on

legal policy and legislative procedural reform;

• provide the Attorney General with

parliamentary support;

• monitor the scheduling and progress of the

Attorney General’s legislative program; and

• review and revise legislation within the

Attorney General’s portfolio.

Highlights

This year, LPD was responsible for reforms in

many areas of the law. These reforms included:

• Legal Profession Amendment (Incorporated

Legal Practices) Act 2000 (NSW) – amends

the Legal Profession Act 1987 to enable

solicitors to incorporate their legal practices.

• Corporations Law (Referral of Powers) Act 2001

(NSW) – refers certain matters relating to

corporations, corporate regulation and financial

products and services to the Commonwealth

Parliament to enable the Commonwealth

Parliament to make laws about those matters

under s.51(xxxvii) of the Constitution.

• Westpac Banking Corporation (Transfer of

Incorporation) Act 2000 (NSW) – provides

Westpac Banking Corporation to be registered

as a public company limited by shares under

the Corporations Law of NSW and for the repeal

of certain legislation applying specifically to the

Westpac Banking Corporation.

• Administrative Decisions Tribunal Legislation

Amendment (Revenue) Act 2000 (NSW) –

establishes a Revenue Division of the

Administrative Decisions Tribunal and revises

the jurisdiction of the Supreme Court and Land

and Environment Court to review certain

revenue decisions.

• Federal Courts (Consequential Provisions) Act

2000 (NSW) – amends a number of State Acts to

omit provisions that purport to confer State

jurisdiction on federal courts. This follows the

decision of the High Court in Re Wakim, Ex parte

McNally (163 ALR 270), which found that the

schemes for cross-vesting jurisdiction between

federal and State courts were constitutionally

invalid. The Act also makes minor amendments

to the Corporations Act which are consequential

on changes made to the Corporations Law by

Commonwealth legislation.

• Crimes at Sea Amendment Act 2000 (NSW) –

makes amendments to the Crimes at Sea Act

1998 to reflect the withdrawal of Norfolk

Island from the cooperative scheme.

• Law and Justice Foundation Act 2000 (NSW) –

reconstitutes the Law Foundation as the Law

and Justice Foundation. The Act alters the

objects of the reconstituted foundation to

include a focus on the development of a fair

and equitable justice system and repeals the

Law Foundation Act 1979.

• Legal Aid Commission Amendment Act 2000

(NSW) – amends the Legal Aid Commission Act

1979 in relation to the constitution of the Board

of the Legal Aid Commission and Legal Aid

Review Committees, the management of the

Commission and legal assistance arrangements

between the Commission and the

Commonwealth.

• Crimes Legislation Further Amendment Act

2000 (NSW) – amends various Acts with

respect to courts, court procedures, judicial

officers and related matters.

• Law Reform (Miscellaneous Provisions)

Amendment Act 2000 (NSW) – amends the

Law Reform (Miscellaneous Provisions) Act

1965 to provide, in certain circumstances, the

damages recoverable by a person who sues

for breach of a contractual duty of care to be

reduced to the extent of any contributory

negligence by the person.

• Roman Catholic Church Communities’ Lands

Amendment Act 2001 (NSW) – provides for

the winding up of corporate trustees previously

established under the Roman Catholic Church

Communities' Land Act 1942. The Act amends

certain definitions and provides a power to

make regulations.

• Russian Orthodox Church Property Trust


Russian Orthodox Church Property Trust Act

1991 (NSW) to make further provision for the

vesting of property in the Trust established by

that Act.

In addition to the development of legislative

proposals, LPD was also engaged in a number

of major projects. Some highlights include:

• publishing a discussion paper on Community

Justice Conferencing for Adult Offenders;

• participating in the implementation of the

Children and Young Persons (Care and

Protection) Act 1998 (NSW), with particular

emphasis on the new Children’s Court and the

establishment of the Children’s Court Clinic;

• conducting comprehensive reviews of the

Justices Act 1902 (NSW) and the Sheriff’s Act

1900 (NSW);

• participating in the review of health care liability

arrangements with the Department of Health;

• reviewing proposed Codes of Practice under

the Privacy and Personal Information

Protection Act 1998 (NSW);

• convening a working party on the storage and

handling of court exhibits;

• participating in the working party set up to

review the way the Land and Environment

Court deals with development applications;

• reviewing the operation of a number of Acts,

including the Legal Profession Act 1987

(NSW), the Public Defenders Act 1995 (NSW),

the Confiscation of the Proceeds of Crime Act

1989 (NSW), the Children (Protection) Parental

Responsibility Act 1997 (NSW); and

• reviewing a number of regulations, including

the Legal Profession Regulation, the Public

Trustee Regulation, and the Births, Deaths and

Marriages Regulation.

The year ahead

The key priorities for the Legislation and Policy


• release a new Local Courts Procedure Bill for

public comment;

• publish a discussion paper on the review of the

Sheriff’s Act 1900 (NSW);

• publish a report on the way the Land and

Environment Court reviews development

applications;

• make recommendations to the Attorney General

concerning the implementation of the Law

Reform Commission’s report on surveillance;

• make recommendations to the Attorney

General concerning the implementation of the

Law Reform Commission’s report on

complaints against lawyers; and

• publish a discussion paper on the review of

civil procedure in the courts.



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COURT AND TRIBUNALSERVICES PROGRAM

The Court and Tribunal Services Program area


• Supreme Court (Court of [Civil] Appeal andCourt of Criminal Appeal)

• Land and Environment Court

• Industrial Relations Commission

• District Court

• Local Courts

• Compensation Court

• Dust Diseases Tribunal

• Administrative Decisions Tribunal

SUPREME COURT

Chief Executive Officer and Principal Registrar:Nerida Johnston

The role of the Supreme Court as the highest

court of general jurisdiction in the State is to:

• have criminal trials of the most serious nature;

• have unlimited jurisdiction in civil disputes;

and

• have appellate jurisdiction in criminal and

civil matters.

The Court of Appeal and the Court of Criminal

Appeal hear appeals from decisions made in most

of the courts of NSW and from decisions made by

a single judge of the Supreme Court.

Highlights

The Supreme Court has implemented a number of

new procedures and Practice Notes to improve

performance this year, including:

• creating an obligation on parties to civil

proceedings to assist the Court and an

obligation on legal practitioners to refrain from

engaging in conduct which causes the party to

be in breach of their duties to the Court;

• creating an obligation on all parties to refrain

from making allegations, or maintaining issues,

unless it is reasonable to do so, with attendant

cost sanctions;

• developing new Rules and a Code of Conduct

for expert witnesses that establish that the

paramount duty of an expert witness is to the

Court and which create a mechanism for

conferring between expert witnesses;

• adopting time standards for processing of

cases within the Court;

• adopting a new practice with respect to

arraignments in criminal trials so that this may

occur within one month after committal, rather

than four months;

• adopting a new Practice Note for the

Defamation List, to simplify and expedite the

conduct of such cases; and

• adopting a new practice that every case will be

listed in the Court within six months of filing.

Initiatives to reduce waiting times

The Chief Justice announced that by the end of

2000 almost every case in the Court that was

ready for hearing was given a hearing date. As

cases become ready in future they will not be

placed in holding lists to queue for hearing dates;

they will instead be immediately listed for call-up

to obtain a hearing date.1

The department has continued to support the Court

in reducing waiting times through allocation of

$729,175 to fund appointment of acting judges

during 2000-2001. The Court also uses judicial

leave funding to provide additional judge-time for

trials. Together, these sources funded the equivalent

of 957 additional judge-days during the year.

In 1999 the Audit Office examined management

of court waiting times. Its report made five key

recommendations; many were consistent with

improvements already under way in the Court.

These were to develop time standards, monitor

individual case progression and establish court

users’ groups. Following the Audit Office report,

the Court now includes more detailed reports on

the work of its various committees in its Annual

Review. The Audit Office is expected to table its

follow-up report in August 2001.

1 Address by the Honourable J J Spigelman AC, Chief

Justice of NSW, at the Opening of Law Term Dinner

for the NSW Law Society on 29 January 2001.


REVIEW OF OPERATIONS Court and Tribunal Services

40

In early 2001, the Court was able to report on

the time standards it introduced for the year

2000 as part of its package of reforms to ensure

litigation is conducted as efficiently and

expeditiously as possible.

Waiting times for criminal trials reduced

The number of Supreme Court criminal trials on

hand has reduced during the year from 121 to 99.

The median waiting time for trials generally

during 2000-2001 was 8.7 months compared

with 13 months (for accused in custody) and

21 months (for accused on bail) at the end of

1999-2000. Trials involving accused on bail are

no longer separately streamed from those for

accused in custody. This reduction is also an

underestimate as the waiting time is now counted

to the time of verdict (or earlier finalisation),

not just to the first day of trial.

Performance against 2000 time standards for

criminal cases committed for trial:

• 75 per cent of cases completed within

nine months – achieved 40 per cent


12 months – achieved 62 per cent

• all cases within 15 months – achieved

78 per cent.

2001 revised time standards for criminal cases

committed for trial:


nine months


12 months


15 months

• all cases completed within 18 months.

There was a 13.4 per cent increase in

the number of criminal appeals finalised this

year. During the year, the Court of Criminal

Appeal cleared its cases at a rate averaging

7 per cent faster than the rate at which new

appeals were lodged and achieved an 8 per cent

reduction in the number of cases on hand

during that time.

Waiting times in the Court of Criminal Appeal

are influenced by factors outside the control of

the Court of Criminal Appeal. These factors

include the time taken to settle and receive all

papers from the lower courts, to grant legal aid

and for the parties to prepare their case. Once

these issues are settled the appeal can be listed

for hearing.

Performance against 2000 time standards

for criminal appeals:


six months – achieved 32 per cent



• all cases completed within 18 months

– achieved 91 per cent.

2001 revised time standards for criminal appeals:


six months


12 months


Shorter waiting times for civil trials

During 2000-2001, the Court cleared its civil cases

at a rate averaging nearly 4 per cent faster than

the rate at which new cases commenced,

contributing to a 6 per cent reduction in the

number of civil cases on hand during that time.

Shorter waiting times for ready common law civil

cases to obtain hearing dates have been

maintained during 2000-2001 and, for general

equity cases, was reduced from nine months to

seven months. Waiting time is even less for equity

matters where both parties are willing (and the

case is suitable) to take a hearing on short notice.

Case management is now offered to Common Law

Division cases that commenced in the regional

registries of the Court. The Chief Justice issued a

Practice Note, to apply from 1 September 2001,

which allows greater flexibility in managing

Common Law Division cases that are not under

specialist list case management. This is to ensure

that those cases are listed soon after they can be

made ready for hearing. This Practice Note will



41

also apply to cases to be heard at regional

venues, which did not previously have the

advantage of case management. The new Practice

Note acknowledges the problems faced by legal

practitioners who practise outside Sydney and

offers the option of case management

conferences being conducted by telephone,

reducing costs to parties.

Time standards have not yet been developed for

civil cases because an accurate automated system

is required to extract and manage the data for the

large number of civil cases handled by the Court.

Shorter waiting times for civil appeals

The Court of Appeal has reduced the median

waiting time for appeal disposal to ten months

during 2000-2001. Standard appeals form the

bulk of the matters on hand in the Court of

Appeal. Last year the median waiting time

for disposal of these appeals was 14 months.

Performance against 2000 time standards

for civil appeals:


six months – achieved 32 per cent





• all cases completed within 24 months

– achieved 98 per cent.

2001 revised time standards for civil appeals:


six months


12 months


18 months


Communication

The Registry’s communication plan has been fully

implemented. Information, particularly that used

to identify the needs of clients, is gathered from

external clients through feedback facilities and

user groups and shared internally. Work has

commenced on producing a comprehensive

procedures manual.

Information provided to court users

Three new brochures were published in print and

electronically on the web site, covering mediation

and neutral evaluation, probate services and the

Court of Appeal.

Technology improvements

Progress in improving caseload management and

reporting has been achieved and Registry staff

have contributed by writing computer program

specifications to enhance Courtnet functions to

support further streamlining of case management.

The Court has introduced telephone conferencing

with regional practitioners for case management

conferences and is investigating ways of

electronically conducting callovers and dealing

with consent orders.

The year ahead

The key priorities for the Supreme Court in the

year ahead are to:

• guide development of the new Courts

Administration System computer program and

identify improvements in processes to further

enhance accountability and access to the court

system;

• identify process improvements in conjunction

with developing documentation for the

Registry’s procedures manual;

• conduct a biennial client survey in August

2001; and

• promote strong technical and management

skills within the Registry.

LAND AND ENVIRONMENT COURT

Registrar: Megan Greenwood

The Land and Environment Court has an

appellate and a review jurisdiction in relation to

planning, building and environmental matters.

Jurisdiction is exercised by reference to the

nature of the subject matter of the application.

This may involve matters that have an impact on

community interest as well as matters of

Government policy. There are six judges and nine

commissioners of the Court.

The role of the Land and Environment Court is to:

• deal with matters of civil enforcement and

summary criminal enforcement in regard to

environmental planning and protection; and

• hear and determine appeals against building

and development applications, land valuations,

compensation claims for land resumption, and

claims and disputes arising under the

Aboriginal Land Rights Act 1983 (NSW).

Highlights

Reduced waiting times

The Land and Environment Court maintained a

proactive role in case management during the

year. At the end of 2000-2001 there were 1,289

cases on hand compared to 1,368 in 1999-2000

and 1,330 in 1998-1999. This year, 81 per cent

of matters falling within classes one, two and

three of the Court’s jurisdiction were disposed of

within six months. This falls short of the Court’s

time standard to dispose of 95 per cent of these

matters within six months. Nevertheless, this is a

2 per cent improvement over the previous fiscal

year. In the Court’s criminal jurisdiction, 85 per

cent of prosecutions were completed within eight

months. The standard is 95 per cent completed

within eight months. The Court continues to work

with clients to identify ways of improving the

management of matters.

The Court actively continues to promote

alternative dispute procedures. As a result,

conciliation conferences continued to grow as a

proportion of total disposal methods in 2000-

2001. The Court continues to provide a free

mediation service.

Court User Group feedback

The Court User Group, established by the Chief

Judge, met three times in 2000-2001. The Court

User Group makes recommendations to the Chief

Judge on ways to improve the functions and

services of the Court as well as ways to adapt

services and facilities to the needs of litigants

and their representatives. The Court User Group

identified the need to improve the Court’s callover

process. As a result, the group worked with the

Registrar to identify client needs and implement

a project to improve callovers. The group has

also identified changes to Rules and Practice

Directions to improve the operation of the Court.

Improved use of technology

The Attorney General launched LEC Online in April

2001. LEC Online is a strategy to deliver

a range of client service improvements and

initiatives. A number of LEC Online projects were

implemented this year, including new telephone

callover arrangements and e-Callover. Telephone

callover provides recorded telephone conferencing

facilities for all rural and regional matters, enabling

the Registrar to manage matters to hearing without

a need for the litigants or their representatives to

physically appear in court. Parties involved in

Sydney matters may also use telephone callover.

Another initiative that particularly benefits parties in

remote locations is e-Callover. The electronic callover

system is based on bulletin board technology and

enables litigants and their representatives to lodge

procedural applications to the Court online via a

secure internet service. The parties, as well as the

general public, can view the proceedings at any time

via the Court’s web site. The new system has

eliminated the need for practitioners to attend court

for routine matters, substantially reducing client

costs. In a recent survey, 84 per cent of those who

had used e-Callover agreed that it saves them time

and/or money. Further, 89 per cent agreed that

e-Callover meets their needs.

The Court successfully trialled a new electronic

lodgment system that provides online lodgment of

court documents via the World Wide Web.

81 per cent of those who responded to the

e-Callover survey said they would use electronic

lodgment facilities if available and 92 per cent

said they would access hearing dates online if

available. Judges and commissioners of the Court

now regularly use telephone conferencing to deal

with procedural matters and videoconferencing

to hear witnesses in remote locations.

The year ahead

The key priorities for the Land and Environment

Court in the year ahead are to:



42



43

• improve and enhance the information and

services provided to clients by increasing

Registry opening hours, reviewing all court

forms, implementing a Registry procedure

manual and improving the accessibility, design

and content of the Court’s website;

• continue to work with the Court User Group to

improve Court performance, particularly in

relation to class one matters;

• progress the implementation and evaluation of

LEC Online projects, including implementation

of a fully operational e-lodgment system (which

includes online fee payments and remote

access facilities for electronic documents) and

an electronic diary system which enables

parties to obtain hearing dates online; and

• work with the Government to implement

accepted recommendations of the working

party established in April 2000 to examine

the planning laws and the role of the Court

in relation to merit planning appeals. (The

working party is due to report in early

2001-2002.)

INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Registrar: Tim McGrath

The role of the Industrial Relations Commission

(IRC) is to:

• conciliate and arbitrate to resolve industrial

disputes;

• make industrial awards and approve enterprise

agreements to set conditions of employment

and wages;

• decide claims of unfair dismissal; and

• hear prosecutions under various industrial

laws (including the more serious breaches of

occupational health and safety legislation) and

deal with civil matters under those laws.

Highlights

Increased provision of information

One of the chief priorities of the IRC Registry

has been to improve the quality and timeliness

of information available to the general public on a

variety of issues, but chiefly with respect to unfair

dismissal applications. Employees and employershave become increasingly aware of the role of theIRC in this area, with a commensurate increase ininquiries and applications. To meet the demand,all relevant Registry staff have undergone a seriesof in-house training sessions, with the object ofproviding an accurate and reliable service tolitigants and members of the IRC. Similarly, allmanagerial staff have undertaken a ten-weekcourse on basic management skills to improve the internal functioning of the Registry.

Improved tracking system

The IRC’s own matter-tracking system was refined and extended to locations in Newcastleand Wollongong. A major upgrade of computerequipment took place in March and April 2001.Discussions with representatives of theDepartment of Industrial Relations saw thedevelopment and implementation of a system topublish the Industrial Gazette in electronicformat, allowing instant access to the most up-to-date information on rates of pay and employmentconditions. The rate of published informationcontinued to improve with, for example, awards or orders pertaining to the Sydney Olympic Gamespublished within two-four weeks of the awards ororders being made by the IRC.

Continued increase in disputes lodged

The number of matters lodged with the IRC fordetermination has increased during the first fourmonths of 2001 with applications for relief fromunfair dismissals and unfair contracts increasing30 per cent over the same period in 2000. Whentaken with the finalisation of the award reviewprocess under Section 19 of the IndustrialRelations Act 1996, this has meant a significantadditional workload for the IRC and was reflectedin increased median periods for the resolution ofall matters.

The year ahead

The key priorities for the Industrial RelationsCommission in the year ahead are to:

• conduct a review of client service in all areasto improve access to the IRC;

• examine methods of using technology tostreamline procedures; and

• continue to exploit the potential of the IRC’s

computer tracking system to provide more

accurate data by continuing to expand its usage.

DISTRICT COURT

Principal Courts Administrator: John Feneley

The District Court is the largest trial court in

Australia and has an appellate jurisdiction.

The role of the District Court is to serve as the

intermediate court in NSW and has jurisdiction

to deal with:

• all indictable criminal offences (except

treason, piracy and murder);

• civil matters with a monetary value up to

$750,000 and unlimited jurisdiction in motor

vehicle accident personal injury matters;

• claims for equitable recovery of money or

damages up to $750,000;

• applications under the Defacto Relationships

Act 1984 (NSW), the Family Provision Act

1982 (NSW) and the Testator Family

Maintenance and Guardianship of Infants Act

1916 (NSW) that involve property worth not

more than $250,000;

• appeals from the Local Court; and

• presides over a range of administrative and

disciplinary tribunals.

Highlights

The District Court has achieved a significant

reduction in the pending criminal caseload this

year. This is due to the success of the centralised

committals scheme, improved listing procedures

and the allocation of increased resources.

The Court has experienced a significant increase

in its pending civil caseload this year. It will

attempt to address this initially by increasing the

number of matters referred to alternative dispute

resolution. However, the Court may eventually

require an increase in resources.

Waiting times for criminal jurisdiction

During the year the Court consolidated

improvements in its criminal business of the

court which have been occurring since 1998.

The number of criminal cases awaiting trial is the

lowest to date (from around 3,000 in the first

half of the 1990s to just over 1,000 at present).

The pending trial caseload was reduced from

1,502 at 30 June 2000 to 1,030 at 30 June

2001, a reduction of 31 per cent. Indeed, the

reduction in caseload was so significant in

Sydney West during 2000 that the Court ceased

sitting at Liverpool and reduced sittings at

Parramatta from four courts to three.

The number of new trial committals State-wide

decreased by 10 per cent this year compared

to last year. The continuing fall in registrations

is indicative of the success of the centralised

committals scheme, particularly in Sydney

and Sydney West.

Trials finalised by the Court have dropped by

13 per cent. The reduction in finalised matters

should be viewed in conjunction with the

significant reduction in pending caseloads and

the increase in complexity and length of trial

matters being committed to the Court. For

example, during the year the State-wide average

length of trials finalised rose from 5.3 days to

5.7 days. In Sydney the average rose from

7.5 days to 8.4 days.

The reduction in caseloads combined with the

results of a review of criminal listing practices

has enabled the Court to take a far more active

approach in the management of trials including:

• achieving reduced delays in the relisting of

matters which are not reached or adjourned;

• close management of the criminal list to monitor

the readiness of cases to proceed to trial;

• relisting adjourned cases, where possible,

before the judge who granted the adjournment;

• closely monitoring on a monthly basis the age

of the pending trial caseload;

• accurately measuring the length of sentence

and appeal hearings, and the number of times

matters are listed for trial; and

• implementing video links.

The major outcome of the improved listing

practices has been the virtual elimination of the

incidences of “not reached” trials in Sydney and



44



45

Sydney West. The bulk of “not reached” matters

(which represented 9 per cent of all trials listed)

occurred in country regions where, because of the

nature of circuit sittings, “not reached” trials are

difficult to overcome.

The Court also successfully implemented regular

video links for custodial cases with the

Metropolitan Remand and Reception Centre

at Silverwater.

Waiting times for civil jurisdiction

The Court’s civil pending caseload continues

to increase from a low of 12,000 at the end of

1998 to over 20,000 at the end of 2000-2001.

In the last 12 months it has risen by 30 per cent.

Disposals remained relatively static, dropping only

0.5 per cent on the previous year. The major

impact came from the marked increase in new

registrations, which jumped by over 18 per cent.

This is the fourth year in a row where incoming

work has exceeded outgoing work.

The increasing workload is no doubt due to the

extension of the Court’s jurisdiction, which has

resulted in an increase in both the number and

complexity of cases coming before the Court.

In addition, recent changes to personal injury

legislation has led to an increase in pre-emptive

filings. The Court is addressing this growing caseload

in a number of ways. The Court has adopted a more

vigorous approach to alternative dispute resolution.

For example, in Sydney, only 1,354 cases were

referred to arbitration during January to June 2000

compared to 2,050 cases for the same period in

2001, an increase of over 50 per cent. Furthermore,

a number of regional District Court centres have

been allocated circuit arbitration.

The Court’s goal is to achieve the disposition of

the vast majority of actions within 12 months of

commencement. Although the Court did not fully

meet this goal, 53 per cent of all completed

actions in 2000-2001 were finalised within 12

months and 91 per cent within 24 months. The

median State-wide time for matters finalised was

11.6 months from the date of commencement;

which, despite the marked increase in workload,

is only a slight increase on the 1999-2000

median of 11.3 months.

Secondly, the Court intends to review Practice

Note 33 in the first half of the new financial year.

The Practice Note forms the framework for the

Court’s civil case management system. The review

will be conducted through the Civil Business

Committee and the revised Practice Note will

come into operation at the commencement of the

first law term in 2002.

New strategic plan

During 2000, the Court published its second

Strategic Plan. The plan establishes four new

working committees: the Criminal Business

Committee, the Civil Business Committee, the

Resources Committee and the Professional

Standards Committee. In planning for the future

the Court intends to:

• review its planning in three years;

• develop detailed business plans for key court

committees; and

• reach an agreement on performance standards.

Judicial resources

The Court has continued with variable judicial

vacations. With the exception of two weeks during

the Christmas and New Year period, the Court sits

all year. This, coupled with financial enhancements

provided to the Court by the Government and

redirecting the recurrent arbitration funding, has

made it possible to provide an Acting Judge

Scheme. As a result, the Court attained the

equivalent of 308.7 additional judge-weeks during

2000-2001 or 7.6 additional judges. Budget

allocations for acting judges in 2000-2001 totalled

$1.3 million. An additional $1 million for country

court sittings was also allocated.

Client feedback

The Registry conducted its second Registry User

Survey. The results were analysed and used when

developing the Registry’s business plan. The

Registry’s ongoing client feedback system

continues to identify client needs, as well as

fostering and improving client service delivery.

The Court’s four major working committees

established under its Strategic Plan have

formulated their business plans in consultation

with relevant agencies that interact with the Court.

Other achievements for the Court this year include:

• implementation of a new civil subpoena

process;

• installation of user-pays civil video-

conferencing facilities; and

• extension of the Duty Registrar service.

The year ahead

The key priorities for the District Court in the year

ahead are to:

• continue the review of Criminal Listing

practices, particularly country sittings, with

the aim of reducing waiting times, improving

hearing date certainty and reducing the “not

reached” rate in the country;

• complete the review of Practice Note 33

and implement revised Practice Note;

• analyse the impact of actions taken to address

the increasing civil workload and develop

alternative strategies, if necessary; and

• maintain an ongoing review of customer service

delivery by continuing to implement quality

management principles, in line with the

feedback received from our clients.

LOCAL COURTS

Director: Anita Anderson

There are 165 Local Courts in NSW, ranging from

full-time multi-court complexes in metropolitan

and regional locations, to part-time courts in

smaller country towns. Local Courts are the courts

of general access in NSW and over 90 per cent of

people who are required to attend a court in NSW

will attend a Local Court.

The role of Local Courts is to:

• deal with committal hearings, the majority of

criminal and summary prosecutions, civil

claims matters (up to $40,000), applications

for Apprehended Violence Orders and some

family law matters;

• provide Chamber Magistrate services at most

locations. Chamber Magistrates provide

information based on the Court and alternative

dispute resolution options available to

members of the public who have a legal

problem. They can also assist with the

preparation of the initiating process or will

refer clients to a more appropriate specialist,

support or advocacy service;

• hear juvenile prosecutions in Specialist

Children’s Courts (where offenders are under

18 years) and deal with care matters involving

young people under 16 years; and

• investigate deaths and serious fires in

Specialist Coroner’s Courts to establish the

likely cause of the death or fire.

Highlights

Sharing workload increases efficiency

Following successful pilots, Local Courts has

expanded its “transportability of work” program.

Work, such as data entry that is process driven, can

now be distributed between the large metropolitan

registries and the smaller courts in regional or rural

areas where workload is not as consistently busy.

Improved dispute alternatives

Ongoing collaboration, via a Memorandum of

Understanding (signed in 1999), between Local

Courts and Community Justice Centres has

resulted in improved access to alternative dispute

resolution for members of the public who have a

dispute (e.g. between neighbours or in the

workplace) that they cannot resolve. The

memorandum promotes early assessment and

referral of matters that are suitable for, and more

appropriately resolved through, mediation.

Court outreach services expanded

The ongoing expansion of the Telephone Chamber

Service and Outreach Services has improved

access for residents in remote and isolated rural

areas and for people in metropolitan areas who

have difficulty accessing the Local Court because

of disability, poor mobility, young children,

poverty, distance or poor transport links. Clerks of

the Court and Chamber Magistrates now provide

an almost complete range of Registry and Local

Court services at 45 non-court locations.

Aboriginal clients, young people and clients from

multicultural backgrounds often make use of

outreach services where they can access services



46



47

in a more comfortable and supportiveenvironment, and be assisted by workers fromagencies with whom they have regular contact.Aboriginal Client Service Specialists also assistClerks of the Court in establishing outreachservices and providing information to Aboriginalcommunities in a number of locations.

Improved access to government services

Local Courts at Grenfell, Oberon and Kyogle werepilot sites for the Government Access Program. Theprogram promoted equity and improved access togovernment services through the establishment of“one-stop shops” for residents in small rural towns.The Government has announced that a further 30centres will be established over the next threeyears and new sites have already opened at WestWyalong and Peak Hill.

Better access for people with disabilities

A range of flexible service delivery initiativesdesigned to improve the level of service andresponsiveness to clients with an intellectual orphysical disability were trialled at two largemetropolitan registries – Wollongong andCampbelltown. The pilots were enthusiasticallyembraced by staff who initiated a range ofcreative and cost-effective solutions to improveaccess and service delivery. The most effectivestrategies have been identified and will beexpanded to other Registries.

Olympics report

Local Courts worked with other government andjustice agencies to ensure the courts operatedeffectively during the Olympics period. Majorchanges to normal court operations werenecessitated by the number of NSW Police whowere transferred to Olympic security duties andwere therefore unable to provide normal servicesto the courts. The collaboration between keyagencies ensured that efficient and timely justiceservices were maintained during the lead-up andthroughout the Olympics period.

Computerised systems

The General Local Court (GLC) computer roll out hasnow been completed in 56 local courts across NSW– these courts represent 80 per cent of all criminalmatters finalised in the Local Court system.

The General Local Court system streamlines court

processes through computerised accounting

systems, electronic transfer of information,

statistical data and documents and the

automation of enforcement procedures. One

of the major benefits is that staff now have an

improved data-base and are able to provide a

more timely and efficient service to clients

with inquiries about court outcomes.

The increased use of technology in Local Courts

has also facilitated better information sharing

between agencies. For example, the Criminal

History Project being run in conjunction with

NSW Police will ensure that judges, magistrates

and authorised justices have access to more

accurate criminal histories when making

determinations in relation to bail and other

matters. Full understanding of a defendant’s

criminal history and compliance with previous

bail conditions will help to promote informed

decision making and greater community safety.

Children’s Court registrars appointed

Specialist registrars with experience in working

with young people and families have been

appointed to the Children’s Court. These

registrars are able to assist the Court in managing

the conduct of care applications, as well as

mediate issues or refer issues to alternative

dispute resolution where appropriate.

The year ahead

The key priorities for Local Courts in the year

ahead are to:

• strengthen relationships with magistrates

through supporting the implementation of the

Chief Magistrate’s Local Courts Strategic Plan;

• continue to improve flexible service delivery to

clients with disabilities;

• improve services to victims of domestic

violence through the Domestic Violence Client

Service Project;

• improve access to court registry services by

expanding the network of outreach services to

remote and isolated communities and other

communities who face barriers accessing

court services;

• monitor the operation of the new Children’s Court

arrangements to ensure the objectives of the

Children and Young Persons Legislation are met; and

• establish new Government Access Centres

hosted by Local Courts, along with the Roads

and Traffic Authority, in rural NSW. By

December 2001, Local Courts will host five new

Government Access Centres in West Wyalong,

Peak Hill, Hillston, Coonamble and Wilcannia.

COMPENSATION COURT

Principal Courts Administrator: Giulia Inga

The role of the Compensation Court is to:

• resolve disputes arising under the Workers’

Compensation Act 1987 (NSW) and the

Workplace Injury Management and Workers’

Compensation Act 1998 (NSW) and other

matters involving compensation for work-

related injury or disease.

Highlights

Reduction in Caseload

The pending caseload was reduced from 15,409

cases at 30 June 2000 to 14,574 as at 30 June

2001. This occurred due to a small drop in cases

registered (from 20,459 in 1999-2000 to 19,232

in 2000-2001) and the maintenance of a high

level of disposals (20,067 in 2000-2001).

Time standards met in most cases

As at 30 June 2001, 75.6 per cent of the

pending caseload fell within the normal time

standard for disposal of 39 weeks from

commencement (the standard is 85 per cent),

93.4 per cent fell within the intermediate time

standard of 72 weeks (the standard is 97 per

cent) and 97.6 per cent fell within the maximum

time standard of 104 weeks.

Better provision of information

Court information brochures explaining

procedures applicable to metropolitan and

country listings, Applications for Determination

and Medical Panels, were produced and made

available in registries and are accessible on the

internet. Brochures on complaint handling and

client feedback procedures were also published.

Continuing increase in cases

There was a continuing increase in the filing of

cases in the Court this year, with 20,965 new

cases filed compared to 19,307 new cases filed

in 1999 and 15,354 new cases filed in 1998. In

the calendar year, this represents an 8.6 per cent

increase in filings in 1999 and a 36.5 per cent

increase in 1998 filings.

The year ahead

The key priorities for the Compensation Court in

the year ahead are to:

• expeditiously dispose of cases and meeting

time standards for case disposition; and

• effectively manage changes in the operations

of the Court as a consequence of legislative

reform of the Workers’ Compensation Scheme.

DUST DISEASES TRIBUNAL

Principal Courts Administrator: Giulia Inga

The role of the Dust Diseases Tribunal is to:

• hear and determine claims by persons injured

by exposure to asbestos or suffering from other

dust-related conditions.

Highlights

New time standards

Time standards for disposals were developed with

four categories of cases (the most critical

categories being “urgent” and “priority”). These

standards are: 100 per cent of urgent cases to be

finalised within nine weeks of filing a statement

of claim and 100 per cent of priority cases to be

finalised within 37 weeks.

Electronic courtroom delayed

The implementation of the electronic courtroom

phase in the Tribunal’s Amairgen system was

delayed due to testing requirements and is

scheduled for completion in the second half of

2001. The Public Inquiry facility now forms part

of planning for the electronic lodgment of

documents, which will continue into 2001-2002.

The year ahead

The key priorities for the Dust Diseases Tribunal



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• expeditiously dispose of cases and meet timestandards for case disposition;

• implement electronic courtroom technologyand develop electronic document lodgment,including a public inquiry facility for tribunalclients; and

• improve the availability of information aboutthe Tribunal by producing relevant and usefulwritten information about its operations.

ADMINISTRATIVE DECISIONSTRIBUNAL

Registrars: Cathy Szczygielski and Karen Wallace

The Administrative Decisions Tribunal (ADT)commenced operations in October 1998. The roleof the Tribunal is to:

• review administrative decisions made by publicbodies or officials where permitted by legislation;

• resolve matters relating to:

– disciplinary proceedings of certainprofessions,

– equal opportunity complaints under theAnti Discrimination Act 1977 (NSW); and

– disputes under the Retail Leases Act 1994(NSW).

As an independent statutory tribunal, its purpose isto provide fair, effective, expeditious and timelydetermination of the matters which come before itand to provide administrative review which enhancesservice delivery as well as promoting and supportingcompliance with legislation by administrators.

Highlights

Legislation and overview of workload

A total of 666 new applications were filed with theADT during the year, and 629 applications finalised.Around 68 per cent of the matters disposed of wereless than six months old. In addition, 53 appealswere filed with the Appeal Panel.

The workload of the Retail Leases Division hasdoubled since the last reporting period with 107applications filed. Some of these matters involve

applications for urgent stays where the lessee

has been locked out of the premises. Other

applications have dealt with the rights, obligations

and liabilities of the parties under a lease.

In the General Division, the major areas of work

relate to:

• review of administrative decisions under the

Freedom of Information Act 1989 (NSW);

• review of decisions relating to the refusal or

revocation of occupational licences – in areas

such as passenger transport and commercial

ocean and estuary fishing; and

• review of decisions relating to the refusal and

revocation of firearms licences.

The ADT can hear applications for urgent stays of

a decision or urgent interim orders under various

Acts. The ADT endeavours to hear these as soon

as possible, usually within a week.

During the reporting year, the Child Protection

(Prohibited Employment) Act 1998 (NSW)

commenced. This Act prevents a “prohibited

person” from applying, undertaking or remaining

in child-related employment. A “prohibited

person” is a person who has been convicted

of a serious sex offence. The Act gives the

ADT power to make an order declaring that the

Act does not apply to a person in respect of a

specified offence. Since its commencement,

44 applications have been lodged with

the ADT.

The Registry has also been preparing for the

commencement of a new division, the Revenue

Division, which will commence once members

are appointed.

Parliamentary inquiry

The Parliamentary Committee of the Office

of the Ombudsman and the Police Integrity

Commission held an inquiry into the jurisdiction

and operation of the ADT under Section 146 of the

Administrative Decisions Tribunal Act 1997 (NSW).

A discussion paper has been released and a final

report is expected. Some issues considered during

the inquiry were:

• scope of the MERITS review jurisdiction;

• possibility of a merger with other tribunals into

the ADT;

• legal representation before the ADT and

whether there should be some further

limitation on the right to legal representation;

• professional discipline – whether all professions

should be housed in the one tribunal;

• recruitment and numbers of part-time

members; and

• time limit for filing matters in the Legal

Services Division.

Time standards

The ADT has developed time standards. These will

be monitored and reported on from 1 July 2001.

Practice Notes and Guidelines

Practice Notes and Guidelines were issued by the

President of the ADT during the reporting period.

The purpose of the Notes and Guidelines are to

assist in meeting the objectives of the ADT as

provided for under the Act, including ensuring

that the ADT is accessible, its proceedings

efficient and fair, and that proceedings are

determined in an informal and expeditious

manner. These include:

• Application to Change Hearing Dates (PN 4);

• Appeals: Procedures for Appeals to the Appeal

Panel of the Tribunal (PN 5);

• General Division: Referral of Complaint under the

Veterinary Surgeons Act 1986 (NSW) (PN 6);

• Transcript Policy; and

• Summons to Attend and Give evidence:

Summons to Attend and Produce documents or

other things: Tribunal Practice (PN 7).

Client focus

A newsletter for members of the ADT, who are all

part-time except for the President and one full-

time Deputy President, was introduced during the

reporting period. The newsletter is published

every three months, and informs members about

new Practice Notes, decisions of the ADT and

other practical advice.

The ADT developed a number of brochures during

the year to assist potential and current parties.

The brochures have been produced in plain

English and outline procedures in review

applications, the Equal Opportunity Division,

Child Protection – Prohibited Employment

matters and the mediation process.

The project Catchwords was undertaken during

the reporting period. This has improved the ability

to search for decisions of the ADT through the

internet.

A high number of applicants appearing before the

ADT are unrepresented, except in professional

disciplinary matters. The ADT has been working

on a project to improve the services to

unrepresented clients. Procedures before the ADT

are kept simple, relying on the contents of letters

to parties, guidelines and oral advice to guide

parties about preparing a matter for hearing and

the conduct of a hearing.

Review of ADT Registry

During the reporting year, a review of the current

structure of the ADT Registry was undertaken. The

current structure was brought together in 1998

based on the positions in existence in the various

divisions that came together to form the ADT. The

main objective of the review was to ensure that the

Registry could deliver services to the ADT and to

clients in the most effective and efficient way,

while still providing a satisfying workplace for staff.

The review also took into account the growth being

experienced at the ADT, including the Revenue

Division. The new structure will be implemented

during the next reporting year.

The year ahead

The key priorities for the Administrative Decisions

Tribunal in the year ahead are to:

• develop a new case management system for

the ADT;

• increase community education to raise

awareness of the role of the ADT;

• implement and action recommendations from

the Parliamentary inquiry; and

• commence the Revenue Division of the ADT.



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HUMAN RIGHTS PROGRAM

The Human Rights Program consists of the following business centres:

• Anti Discrimination Board• Privacy NSW (Office of the Privacy

Commissioner of NSW)• Office of the Protective Commissioner• Office of the Public Guardian• Victims Services

ANTI DISCRIMINATION BOARD

President: Chris Puplick

The role of the Anti Discrimination Board (ADB)is to:

• investigate and resolve complaints of unlawfuldiscrimination in NSW;

• conduct research and community education ondiscrimination issues;

• provide legal and policy advice to Government;

• advise the Industrial Relations Commissionabout discrimination in the workplace; and

• liaise with other Federal and State antidiscrimination-related agencies on the widerpromotion of human rights throughoutAustralia.

Highlights

Carers’ responsibility

The Anti-Discrimination (Carers’ ResponsibilitiesAct) Act 2000 (NSW) was successfully introducedon 1 March 2001. The Act makes it unlawful foran employer to discriminate directly or indirectlyagainst an employee or an applicant foremployment on the grounds of a person’sresponsibilities as a carer. The legislationrecognises the need for employers to provide abalance between work and family responsibilities.

Hepatitis C inquiry

In February 2001, the ADB commenced a State-wide inquiry into Hepatitis C-relateddiscrimination. A report documenting theproblems that exist and making recommendationsfor combating and eliminating Hepatitis C

discrimination will be provided to Government

by October 2001.

Other highlights

• A 5 per cent increase in the number of

education and training sessions provided to the

community to understand anti discrimination

laws and to develop non-discriminatory

practices.

• Success in having anti discrimination clauses

placed in all State Awards.

• Meeting targets set for the timely resolution

of anti discrimination complaints lodged with

the Board.

• Provision of major commentary to the Attorney

General on the Law Reform Commission’s report

on the review of the Anti-Discrimination Act

1997 (NSW).

The year ahead

The key priorities for the Anti Discrimination

Board in the year ahead are to:

• respond to legislative amendments arising

from the Law Reform Commission’s report;

• implement structural and administrative

changes as recommended by the Council

on the Cost and Quality of Government;

• establish a new database for improved

efficiency in complaint handling and

management; and

• extend the ADB’s role in relation to matters

before the Industrial Relations Commission.

PRIVACY NSW

(Office of the Privacy Commissioner of NSW)

Commissioner: Chris Puplick

The role of Privacy NSW is to:

• investigate complaints, conduct research and

provide advice on privacy-related matters;

• regulate the way public sector agencies fulfil

obligations to deal with personal information

fairly and in accordance with legislation; and

• educate the community about privacy obligations.

Highlights

Privacy management plan

The staged implementation of the Privacy and

Personal Information Protection Act 1998 (NSW)

commenced in February 1999. Substantive

provisions of the Act became enforceable from

1 July 2000. The Act requires public sector

agencies to develop Privacy Management Plans

by 1 July 2000. To date, 76 plans have been

received from State Government agencies and 110

from Local Government organisations. A number

of agencies still have to provide the Commissioner

with copies of their management plans.

Education and information

In order to fulfil Privacy NSW’s role to assist public

sector agencies to implement the Act,

17 information sessions were conducted this year,

compared with 15 last year. These sessions cover

issues such as the Information Protection

Principles, Privacy Management Plans, Public

Registers and Internal Reviews. Additional material

on the Act has been progressively placed on the

Lawlink NSW web site. The Privacy Commissioner

conducted 60 media engagements this year.

Investigations

Around half of the complaints investigated

by Privacy NSW concern organisations or

individuals who are not regulated by the Act

(the enforceable provisions of the Act do not

extend to the private sector).

Privacy NSW responded to more than 2,000

telephone inquiries this year. Privacy NSW

provided more than 100 advisings and managed

more than 120 complaints compared to 204

advisings and 195 complaints last year. The

decline in the number of finalised complaint and

advice matters, compared with last year, was

mostly due to the impact introducing new

legislation had on the time and resources of staff.

Privacy Codes of Practice

When public sector agencies are legitimately

unable to meet the requirements of the

information protection principles or the public

register provisions, they may seek an exemption

by means of preparing a Privacy Code of Practice.

To date, 11 codes have been developed and

approved and nine codes are currently being

evaluated or finalised.

Privacy and health records

During the latter part of 2000 the Privacy

Commissioner chaired the NSW Ministerial

Advisory Committee on Privacy and Health

Information. The working party drew expertise

from a range of public sector and non-government

organisations. Two discussion papers were

prepared and a report titled Panacea or Placebo?

Linked Electronic Health Records and

Improvements in Health Outcomes was published.

Privacy NSW is continuing to advise on the

implementation of the report’s recommendations.

In association with the NSW Health Department

and Area Health Service, Privacy NSW was

represented on a working party dealing with

appropriate ways of handling privacy complaints

in the public health sector.

The year ahead

The key priorities for Privacy NSW in the year

ahead are to:

• continue the public education campaign about

the Privacy and Personal Information

Protection Act 1998 (NSW) and publish the

Guide to Making and Resolving Privacy

Complaints and a Privacy NSW Newsletter;

• continue to monitor public sector agency

internal reviews of applications brought by

individuals who allege a breach of an

information principle, a public register provision

or a code made under the Privacy and Personal

Information Protection Act 1998 (NSW); and

• continue to collect, review and advise on

privacy management plans and codes of

practice from public sector agencies.

OFFICE OF THE PROTECTIVECOMMISSIONER

Protective Commissioner: Ken Gabb

The role of the Office of the Protective

Commissioner (OPC) is to:

• provide financial management services for


REVIEW OF OPERATIONS Human Rights

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53

people with disabilities who are unable to

manage their own financial affairs;

• provide support and supervision to people who

are the financial managers of people with

disabilities; and

• maintain a Supreme Court registry for matters

in Protective List.

Highlights

Introducing The “Prudent Person Principle”

Introducing the “Prudent Person Principle” in

response to amendments made to the Protected

Estates Act 1993 (NSW) and the Trustee Act 1925

(NSW) has been an important objective for OPC.

These amendments, when proclaimed, will give

OPC the same investment powers as a trustee

company. Being able to act as a prudent person

will allow OPC to provide a wider range of

competitive investment options. Preparation for the

amendments required the establishment of a

financial planning branch; integration of new

investment management applications; establishment

of new investment funds; preparation of individual

client financial plans; and training for all staff

members on the intent and requirements of the

prudent person principle.

Information technology

This year has seen the completion of two major

information technology initiatives. The first sees

the conversion of OPC’s Client Information System

from an aged “proprietary” system to a modern

“open” environment. The second has seen the

selection and installation of a new financial

management application to assist with the

adoption of the prudent person principle. Links

have been developed between the two applications

and OPC’s core accounting application.

Other achievements

Other achievements for OPC during the year

include a new internal audit and fraud prevention

program, development of new service standards for

Estate Management and Private Management

Support, implementation of a new Reasons for

Decision Policy and introduction of a new

organisation structure to better support service

delivery and streamline administrative costs.

Performance of Clients’ Common Fund

Growth of the Common Fund was below

expectations this year, resulting in lower-than-

expected revenue, although the fund continued

to expand.

OPC Common Fund:

1999-2000 2000-2001

Client funds held $1,124 million $1,132 million

Interest Rate: Annual compound 5.32% 5.42%effective rate

Interest Rate: 6.35% 6.43%Term Deposit

Client numbers

While overall client numbers increased by 3.2 per

cent, growth was most marked by a 5 per cent

increase in clients managed directly by the

Protective Commissioner.

1999-2000 2000-2001

OPC managed clients 8,096 8,504

Privately managed clients 1,678 1,790

*Banking facility for 1,334 1,171

DoCS clients

Total 11,107 11,465

*OPC provides a banking facility for a small number of

clients of the Department of Community Services.

The year ahead

The key priorities for the Office of the Protective

Commissioner in the year ahead are to:

• develop a revised service delivery model;

• develop and implement a performance

measurement scheme;

• complete the adoption of the new office

structure;

• implement a fee model to reflect the changes

to service delivery and investment;

• respond to recommendations made in reviews

of the OPC; and

• increase awareness and understanding of the

role of the OPC.



54

OFFICE OF THE PUBLIC GUARDIAN

Public Guardian: Ken Gabb

The role of the Office of the Public Guardian

(OPG) is to:

• make lifestyle decisions on behalf of adults

who have a disability, an incapacity and a need

for a guardian;

• provide information to the community on the

role and function of guardians;

• provide support and assistance to private

guardians; and

• provide advocacy on behalf of people under

guardianship to make improvements in life

circumstances when needed.

Highlights

Improved accountability

Strategies this year at OPG have continued

to focus on making guardianship services more

accountable and transparent, both to people

under guardianship and the significant others in

their lives. This included increased transparency

and accountability in the decision making

process, increased communication to people

under guardianship and the community regarding

decision making, and easier access to complaint

and review mechanisms.

A system for producing written reasons for major

decisions has provided easier access to

complaints and the ability to review decision

processes. Minimum standards for guardianship

practice have been developed and a Medical

Reference Group has been established. Training

improvements in education and information have

been significant over the last year. Existing

publications have been reviewed and new

publications about procedures for dealing with

complaints and requesting a review of decisions

have been written. New fact sheets on OPG

position statements have been developed.

Enduring guardianship campaign

A two-year, State-wide education campaign on

enduring guardianship concluded with the

development of a guide about appointing an

enduring guardian.

Increase in client numbers

The number of people coming under the

guardianship of the Public Guardian continues to

rise. At the end of this financial year there were

1,642 people under guardianship with an

increased number of these being elderly people

with age-related disabilities such as dementia.

In tandem with the increase in elderly people

coming under guardianship, there was an

increase in orders that gave OPG restrictive

authority in accommodation decisions.

The year ahead

The key priorities for the Office of the Public

Guardian in the year ahead are to:

• undertake client and staff satisfaction surveys

to assist with future planning;

• develop further standards of practice; and

• improve OPG’s ability to measure its

performance and compliance with standards.

VICTIMS SERVICES

Director: Claire Vernon

Victims Services assists victims of crime through

services provided by the Victims Compensation

Tribunal and the Victims of Crime Bureau.

The role of the Victims Compensation Tribunal is to:

• offer victims of violent crime and their families

a system of compensation and counselling; and

• recover compensation money from defendants.

The role of the Victims of Crime Bureau is to:

• provide, in partnership with the Sydney City

Mission, a 24-hour information, support and

referral service to victims of crime;

• link to a range of victims’ services available

across NSW; and

• oversee the statutory Charter of Victims Rights.

Highlights

Counselling

Under the Approved Counselling Scheme over

6,600 applications for counselling were received

and approximately 20,000 counselling hours were



55

approved for victims of crime. Over $1.6 million

was paid to counsellors to provide this

counselling. Counselling applications are given

top priority by staff with 92 per cent of requests

for the initial counselling processed within 48

hours. As part of continuous quality improvement,

a Memorandum of Understanding was introduced

for all approved counsellors.

Compensation

In 2000-2001 the Tribunal received over 6,000

new applications for compensation. 10,833

applications were determined with over $88

million paid out by the Tribunal. The Tribunal

reduced the number of compensation claim

applications awaiting determination from 17,806

in 1999-2000 to 13,129 in 2000-2001.

Restitution

Victims Services continues to recover award

monies from convicted offenders with $3.5

million recovered in 2000-2001. Over 3,500

provisional orders were issued and approximately

1,500 matters were listed for hearing.

Civil repayments

$1.2 million of victims’ compensation awards

granted in civil matters was recovered this year

and redirected to pay compensation claims.

Information and education

• Standards for Providing Court Support Services

for Victims of Crime was developed and

distributed to court support services.

• An information package entitled Submissions

Concerning Offenders in Custody was

developed to assist victims who wish to make

submissions to the Parole Board in relation to

the proposed release of an offender.

• A new web site called Victims of Crime was

developed to provide practical information on

counselling and other services, legal processes

and victims' rights.

• An inter-agency forum was held by the Victims

of Crime Bureau and the Aboriginal Justice

Advisory Council to examine ways to improve

services to Aboriginal and Torres Strait Islander

victims of crime.

• Educational forums were conducted for key

State-wide agencies, such as Sexual Assault

Services, Witness Assistance Schemes and

Community Legal Centres.

• A conference titled Responding to Victims of

Crime: Thinking Outside the Square was held

on 17 and 18 May 2001. Service providers,

academics and support persons for victims of

crime attended the conference to exchange

ideas and information.

• A series of information materials and forums

was developed to educate and inform the legal

community and others about changes brought

about by the Victims Compensation Amendment

Act 2000 (NSW) which commenced on

14 July 2000. The Act renamed the Victims

Compensation Act 1996 as the Victims Support

and Rehabilitation Act 1996 (NSW).

• Services were improved through a pilot

program on the provision of flexible service

delivery to people with disabilities. This

involved establishing a Flexible Service

Delivery Team and increasing staff awareness

and training.

Electronic filing of documents

Victims Services initiated a pilot project for

electronic filing of documents. An application

form for counselling can now be downloaded from

the internet, completed and then e-mailed

directly to Victims Services.

Practice Notes

Victims Services continued to expand the

Practice Notes collection of the Victims Support

and Rehabilitation Act 1996 (NSW). In 2000-

2001, four Practice Notes were developed by the

Chairperson of the Victims Compensation

Tribunal: Appeals to the District Court from the

Victims Compensation Tribunal, Matters Affecting

the Quantum of the Award (Section 30), Recovery

of Compensation from Offenders, and Sexual

Assault and Domestic Violence. The Practice

Notes are published in the Chairperson’s Report

1999-2000 and are accessible through the

Victims Services web site.

Supporting families and friends of missing people

A Family and Friends of Missing Persons Unit was

established as part of the Government’s election

commitment to assist families and friends of

missing people. An inter-agency forum has also

been established to link government and non-

government agencies to improve service delivery

to families and friends of missing persons. The

Unit established a 24-hour telephone counselling

service in June that is run by Mission Australia.

The year ahead

The key priorities for Victims Services in the year

ahead are to:

• publish a resource kit on the Charter of Victims

Rights;

• work with the Aboriginal and Torres Strait

Islander community to examine ways to

improve services to victims of crime;

• improve and expand the use of electronic

communication and web sites;

• locate three Victims of Crime Bureau staff in

rural NSW to improve access to information and

services for victims of crime in rural NSW; and

• publish a report on the Victims of Crime

phone-in and implement strategic initiatives

based on its findings.



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57

LEGAL AND SUPPORT SERVICESPROGRAM

The Legal and Support Services Program


• Community Justice Centres

• Community Relations Division

• Legal Management Service

• Legal Representation Office

• Public Defenders Office

• State Debt Recovery Office

COMMUNITY JUSTICE CENTRES

Director: Margie O’Tarpey

The role of Community Justice Centres (CJC) is to:

• provide good practice mediation and conflict

management services; and

• transfer skills and knowledge in dealing with and

resolving conflict to clients and communities.

CJC primarily deals with civil disputes involving

interpersonal conflicts between individuals, groups

and communities. This includes neighbourhood

disputes, conflict between couples, families,

young people and children, civil claims matters,

workplace and multiparty disputes and more

complex community disputes.

Highlights

1999-2000 2000-2001

Files opened for mediation 7,035 5,887

Mediation sessions arranged 3,041 2,518

Mediation sessions held 2,607 2,122

Mediated agreements 2,177 1,773

Open files resolved prior 402 391to mediation

Early intervention

Innovative early intervention mediation and

conflict management programs, combined with

dispute counselling and community facilitation,

have reduced conflict in communities which might

otherwise lead to protracted legal intervention and

associated social and legal costs.

Regional model of service delivery

CJC has established a regional service delivery

model in four regions across NSW for the provision

of mediation and conflict management services.

A number of regional mediator panels have been

recruited and trained. A Venues Register has been

developed for community access to mediation and

related CJC services in these areas.

Partnerships

Improved inter-departmental liaison has resulted in

a better referral process from local courts and other

business centres within the department. CJC has

established Memorandums of Understanding with

Local Courts and with the Office of the Public

Guardian. Partnerships with other government

agencies include NSW Police, the Department of

Community Services, Housing and Local

Government. CJC is now a preferred provider of

mediation and conflict management services to the

Department of Community Services. A working

group with NSW Police has been established to

improve collaboration in the management of

community, family and neighbourhood disputes.

Training

CJC also expanded its basic mediation program

and provided additional training programs for staff

and mediators in dispute counselling and conflict

management, civil claims, working with children

and young people, and local government planning

and development. Training has also been provided

for a number of external agencies.

Quality improvement

CJC is undergoing a three-year external Quality

Improvement Review. CJC is also reviewing its

mediation program, particularly in relation to

mediator accreditation, recruitment, selection

and training.

The year ahead

The key priorities for the Community Justice

Centres in the year ahead are to:

• finalise the rollout of mediation and conflict

management services to the whole of NSW;

• consolidate and improve CJC models of service

delivery, to ensure they continue to be

appropriate and relevant to differing client and

community needs, including the needs of ethnic

communities and socially disadvantaged groups;

• improve clinical practice and training for staff

and mediators;

• provide improved access to mediation for

clients with intellectual disabilities and mental

health clients;

• develop early intervention and conflict

management projects in consultation with

Aboriginal and Torres Strait Islander

communities;

• review the Community Justice Centres Act

1983 (NSW); and

• complete quality improvement reviews.

COMMUNITY RELATIONS DIVISION

Director: Lida Kaban

The role of the Community Relations Division

(CRD) is to:

• provide advice and services to the Attorney

General and the Government, including

responding to the concerns of members of

the community; and

• act as a contact point for members of the

public who wish to raise questions with the

Attorney General.

Highlights

Complaints handling protocol

A draft policy has been prepared on Complaints

Handling and Client Feedback and circulated to

departmental business centres for comment.

Data collection

CRD’s data collection was reviewed and enhanced to

better measure work performance. As a result, the

data can be used to identify telephone and face-to-

face contact patterns with clients and internal

business centres as well as monitoring the different

types of applications which are dealt with by CRD.

Performance measurement

To enable the continued review of procedures and

performance measurement, CRD prepared and

implemented client surveys for external clients

and departmental business centres. The surveys

provided feedback on CRD’s role of fostering

closer links with other business centres and

providing timely and comprehensive feedback.

Customer satisfaction

CRD continues to improve the public interface for

the public and the department. Improvements

included the trial of a Compliments and Complaints

Register to measure customer service satisfaction.

The year ahead

The key priorities for the Community Relations


• improve data collection to better measure

performance of matters which are not

completed within targeted time frames;

• continue the review of internal procedures

and performance measurement;

• continue training and multi-skilling staff;

• implement the Complaints Handling and Client

Feedback Policy and provide a review

mechanism;

• implement a records/information management

policy for the department;

• prepare for the expected increase in workload

which will be generated by changes made

when the recommendations arising from the

Justice of the Peace Discussion Paper are

implemented; and

• continue enhancement of technology and

records management.

LEGAL MANAGEMENT SERVICE

Director: Sian Leathem

The role of the Legal Management Service (LMS)

is to:

• assist government agencies with managing

their legal service requirements;

• conduct reviews of legal service needs;

• assist with the design of tender processes; and

• act as an independent member of tender panels

for the selection of legal service providers.


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59

Highlights

Benchmarking

A comprehensive internal survey of other

government departments provided the basis

for comparative benchmarking relating to the

use of legal services by the Government.

Government legal service guidelines

LMS updated and distributed guidelines

related to outsourcing government legal service

managers, reviewing legal service needs and,

where appropriate, outsourcing legal services.

The distribution of the guidelines has led to

more than a 500 per cent increase in inquiries

in 2000-2001.

Legal management consultants

LMS revised and updated the list of legal

management consultants who assist government

agencies. The register was available in January

2001 and has achieved more than a 100 per cent

increase in register inquiries.

The year ahead

The key priorities for the Legal Management

Service in the year ahead are to:

• investigate the feasibility of a whole-of-

government contract for legal services;

• develop a briefing protocol for government

agencies which use private legal practitioners;

and

• conduct a client survey to improve legal

management services.

LEGAL REPRESENTATION OFFICE

Director: Christine Nash

The role of the Legal Representation Office (LRO)

is to:

• provide independent legal assistance and

representation to witnesses in relation to their

involvement with the Independent Commission

Against Corruption and the Police Integrity

Commission; and

• provide legal representation to witnesses before

Royal and Special Commissions of Inquiry.

Highlights

Kuringai Hazard Reduction Burn Inquest

The commencement of legal representation for

families of the victims and the injured at the

Kuringai Hazard Reduction Burn Inquest was a

priority during the year. In-house legal

representation at this inquest is expected to remain

a major priority throughout the coming year.

Glenbrook rail collision

LRO completed its legal representation for

families of the victims and the injured at the

Special Commission of Inquiry into the Glenbrook

rail collision.

Legal representation

In addition to ongoing matters, during the reporting

year LRO arranged and/or provided legal

representation for 116 new clients. LRO also

provided independent legal assistance and

representation, at both public and private hearings,

to witnesses involved with the Independent

Commission Against Corruption and the Police

Integrity Commission. During the reporting year,

there has been an increased number of appearances

by government solicitors at private hearings.

Expansion of work

The LRO expanded its services in District Court

criminal matters to include legal representation

of previously unrepresented accused, where a

temporary stay of proceedings was granted and

Legal Aid denied. These cases are assessed on

a case-by-case basis.

Seminars

The LRO presented seminars to the community and

legal practitioners providing information about the

work of LRO and furthering the education of legal

practitioners in the area of commissions of inquiry.

The year ahead

The key priorities for the Legal Representation

Office in the year ahead are to:

• provide expert legal representation for families

of the victims and the injured at the Kuringai

Hazard Reduction Burn Inquest;

• provide high quality independent legal advice

for persons appearing or about to appearbefore the Independent Commission AgainstCorruption and Police Integrity Commission;

• provide high quality in-house representation topreviously unrepresented accused in DistrictCourt criminal matters, where a temporary stayof proceedings has been granted and Legal Aidhas been denied;

• continue to present LRO seminars to thecommunity and legal practitioners; and

• develop standards and guidelines forcompliance to ensure clients receive expertlegal services.

PUBLIC DEFENDERS OFFICESenior Public Defender: John Nicholson, SC

The role of the Public Defenders Office is to:

• provide legal representation to people whohave committed serious criminal offences andwho have been granted Legal Aid; and

• act on briefs by Aboriginal Legal Services,community legal centres, solicitors employed bythe Legal Aid Commission or private solicitors.

Highlights

Representation for the disadvantaged

Public Defenders accepted 142 briefs forAboriginal clients from the various Aboriginal LegalServices scattered throughout the State this year.

Public Defenders also appeared in five High Court ofAustralia special leave applications and 133 Court ofCriminal Appeal appearances as well as providing170 Criminal Court of Appeal advices. PublicDefenders appeared in 75 Supreme Court trial andsentence matters and in 360 District Court trial andsentence matters and 34 District Court Appeals.

The number of trial and sentence matterscompleted by the Public Defenders in the District Court decreased this year due to PublicDefenders’ increased presence in the Court ofCriminal Appeal and the Supreme Court and the additional preparation time required forappearances in guideline judgments and complex Supreme Court matters.

Other achievements for the Public Defendersduring the year include:

• providing advice to solicitors from the LegalAid Commission, the Aboriginal Legal Servicesand those in private practice in relation tocriminal matters;

• participating in seminars and conferencesrelating to criminal law;

• overseeing students from the placementprograms run by the law schools; and

• developing an Indigenous Law Graduatesprogram for commencement in 2001-2002 toenable indigenous law graduates to receivetraining and support to encourage them to jointhe Bar where they are presently substantiallyunder-represented.

The Public Defenders Office also met itsobjectives in appointing a Deputy Senior PublicDefender as Senior Counsel and a part-timeacting Public Defender.

The Office completed a review of the PublicDefenders Act 1995 (NSW) and celebrated the60th anniversary of Public Defenders in NSW.

The year ahead

The key priorities for the Public Defenders Officein the year ahead are to:

• improve the electronic research facilitiesavailable to Public Defenders through theestablishment of a data bank, known asDefenderbank. This is to include precedentsfor Court of Criminal Appeal advices andsubmissions and other useful documentsprepared by Public Defenders which will beavailable for others preparing similar cases;

• complete the videoconference room which isalready in the development phase; and

• review support staff positions and increasingstaffing for Public Defenders.

STATE DEBT RECOVERY OFFICE

Director: Brian Robertson

The role of the State Debt Recovery Office(SDRO) is to:

• provide a cost-effective, whole-of-governmentapproach to recovering outstanding fines,penalties and associated enforcement costs.


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Highlights

Fine enforcement activity

A priority for SDRO this year was to administerthe full range of fine enforcement activity basedon an estimation of 650,000 new matters beingreferred for enforcement. During the year730,000 matters were actually referred to SDRO.

Clearing enforcement matters

SDRO commenced a concurrent three-yearprogram to progressively clear the mattersaccumulated at various stages of the enforcementprocess and move the remaining historical mattersto enforcement. As a result, 400,000 historicalmatters were moved to enforcement stage and200,000 matters were moved to Property SeizureOrder status. As a result of the increasedenforcement of historical matters, fine defaulterinquiries increased and an Investigative Unit wasestablished to research and respond to these calls.

Appeals process and payment options

SDRO continued to improve client services withan updated Fine Enforcement Order. The reviseddocument includes information about the appealsprocess. Alternative payment options wereintroduced to enable telephone and internetpayment of fines.

Community networking

Consultations were held with the FinancialCounsellor’s Association, the Local CourtsCommunity Education Program, Aboriginal CourtLiaison Officers, and prison inmates on pre-release programs as a means of improvingclient services.

The year ahead

The key priorities for the State Debt RecoveryOffice in the year ahead are to:

• continue revenue generation of all fineenforcement processes, in particular PropertySeizure Orders, Garnishee of Wages andCommunity Service Orders will be pursued; and

• emphasise the enforcement of the remaininghistorical Warrant Index Unit matters andexplore the possibility of further improvingpayment options for Property Seizure Ordersand Time to Pay arrangements.

1997-98 1998-99 1999-00 2000-01

The number of Enforcement 165,000 635,000 468,000 759,000Orders issued

Gross recoveries of outstanding $11m $53.3m $61.6m $90.1mfines, penalties and enforcementcosts

Percentage of matters finalised 6% 19% 27% 37%to matters referred

The number of Time To Pay 2,330 20,142 14,660 20,514instalment arrangements in place

COMMERCIAL ENTERPRISESPROGRAM

The Commercial Enterprises Program consists

of the following business centres:

• Crown Solicitor’s Office

• Registry of Births, Deaths and Marriages

CROWN SOLICITOR’S OFFICE

Crown Solicitor: Ian Knight

The role of the Crown Solicitor's Office (CSO) is

to perform both core and non-core legal work for

government agencies on a commercial basis. Core

work includes matters which:

• have implications for Government beyond an

individual Minister's portfolio;

• involve the constitutional powers and privileges

of the State and/or the Commonwealth;

• raise issues which are fundamental to the

responsibilities of Government; or

• arise from, or relate to, matters falling within

the Attorney General's area of responsibility.

The CSO competes with the private legal

profession to perform the non-core (general) legal

work of government agencies.

Highlights

During the year, the Crown Solicitor provided

advice to the Attorney General and to Government

on a wide range of issues, including:

• registration and cancellation of registration of

Pauline Hanson’s One Nation party;

• parliamentary entitlements and casual

vacancies;

• obligations to divulge information to

Parliamentary Committees and powers of

Parliamentary Committees;

• rail safety issues;

• employment screening for child protection and

child protection matters;

• various Olympic matters, including industrial

relations, commercial and property matters;

• changes to the workers’ compensation scheme;

• implementation of GST arrangements

throughout the NSW public sector;

• advice on the implications of the collapse of

HIH insurance group; and

• commercial transactions relating to Freight

Corp, National Rail Corporation, Snowy Hydro

Ltd and the Grains Board.

A wide range of other legal services was also

provided for clients. These included:

• assisting the Glenbrook Rail Accident Special

Commission of Inquiry;

• acting for the State in, and advising of,

settlement and finalisation of Homefund

litigation;

• acting for the State and advising in the

challenge to licence for a medically supervised

injecting centre;

• assisting the Coroner conducting the Sydney

to Hobart Yacht Race inquest; and

• acting for the State in the Wallis Lakes oyster

contamination proceedings.

Highlights relating to staff and performance

• Opportunities for career development by acting

in higher duties were offered on 75 occasions;

about 40 per cent of those opportunities were

in relation to non-legal staff.

• Flexible work practices for staff were introduced

as appropriate in accordance with the

department’s flexible service delivery policy.

• Adoption of performance indicators for

specialist legal services by solicitor advocates

and solicitors by the introduction of specific

activity codes for such work.

• Continued implementation of performance

planning and development in CSO.

• The Torts Law Practice Group was restructured

into two client-based groups to provide more

specialised services to clients.

The year ahead

The key priorities for the Crown Solicitor’s Office



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• attract, develop and retain high quality legal staff;

• market legal services to clients and compete

successfully for “general” legal work; and

• implement the recommendations of an

information technology strategic review,

including acquisition of an improved records

and practice management system.

REGISTRY OF BIRTHS, DEATHS AND MARRIAGES

Registrar: Trevor Stacey

The NSW Registry of Births, Deaths and

Marriages (Registry) was established in 1856

when the Government took responsibility for the

registration of births, deaths and marriages. It

now operates as a Government Trading Enterprise.

The role of the Registry is to:

• record all births, deaths, marriages, changes of

names, and adoptions occurring in NSW;

• provide documentation to individuals to help

them establish a range of legal entitlements;

• collect statistical information for governments

and other organisations; and

• perform civil marriages and register name

changes for people born or resident in NSW.

Highlights

Conversion to electronic records

A key priority for the Registry this year was to

convert the 1856-1951 registers to electronically

accessible media. The project involves the

conversion of approximately eight million

registrations and will provide the Registry with

a complete duplicate set of these irreplaceable

records. Once imaged, the Registry will be able

to streamline the production process and offer

improved turnaround times to customers.

The project is scheduled for completion in

November 2001.

Commemorative Birth Certificates

A highlight of the year was the release of two

Commemorative Birth Certificates to celebrate the

Centenary of Federation. Although other

Australian State Registries also offer

commemorative certificates, this is the first time

that a design has been offered by all States. The

success of the certificates augurs well for future

national initiatives.

Improved search facilities

For some time now genealogists have been able

to use the Registry's web site

www.bdm.nsw.gov.au to search the early indexes.

This service was enhanced in January 2001 when

online ordering was introduced. The option to

order certificates while searching the indexes has

resulted in a 122 per cent increase in the sale of

family history certificates. Investigation shows

that over 20 per cent of these customers are

“new” and have never ordered a family history

certificate from the Registry. The acceptance of

online ordering has been quick and nearly 60 per

cent of genealogists are now ordering their

certificates via the web.

Family History Applications by Method of Access

Registrations online

Funeral Directors have also been enthusiastic about

online services. In 2000 a pilot was introduced

whereby death registrations could be e-mailed to

the Registry. This has now been enhanced and over

25 per cent of death registrations are received via a

fully secured web-based interface. It is expected

that by December 2001 over 50 per cent of death

registrations will be received electronically.

8/01/2

001

22/01

/2001

5/02/2

001

19/02

/2001

5/03/2

001

19/03

/2001

2/04/2

001

1,000

900

800

700

600

500

400

300

200

100

0

Num

ber

of A

pplic

atio

ns

Week Starting Date

Counter and Mail Online

Deaths Registered via the Web

Marriages will be registered electronically from November 2001. In June 2001 the firstcelebrants were given access to the secure web-based interface. It is hoped that this optionwill prove popular with marriage celebrants andthat 30 per cent of marriages will be registeredelectronically by December 2001.

Office relocations

In December 2000, the Registry purchased a newbuilding to house client services and operations.The building is in Regent Street, Chippendaleand is a short, easy walk from Central Stationtrains and buses. Architects have been appointedand the fit-out will be complete in November2001. The new building will provide enhancedcustomer access, improved security and a moreefficient and pleasant working environment.

During 2000 the Newcastle Registry office wasrelocated to 95 Tudor Street, Hamilton. The newlocation allows easy access for clients (withoutthe previous difficulties of stairs and no lift) anda greatly improved shopfront and working area.

Registering wills

In February 2001 the Attorney General launchedthe Registry's newest service, the Wills Register.The Wills Register records the details of aperson's will so their family can find it. TheRegistry does not store the will, but registersinformation about its location, the date of issueand details of the Executor. Registration of thesedetails with the Registry is voluntary and free. A standard fee will be applied when a request is made to search the register. Wills may beregistered online via the Registry's web site or by completing a registration form.

Performance results

• In 2000-2001 the Registry will pay a

projected dividend to consolidated revenue

of $2.1 million.

• 25 per cent of death registrations are now

received online.

• Death registration times remain at four days,

which is under the Guarantee of Service of

five days.

• Registry's family history indexes on the web

site now average over 800 searches per hour

(7 days a week, 24 hours a day).

• Registration times for births have been

reduced from 9.5 days in 1999 to five days.

The Guarantee of Service is ten days.

• Registration times for marriages have been

reduced from three days in 1999 to one day.

The Guarantee of Service is ten days.

The year ahead

The key priorities for the Registry of Births,

Deaths and Marriages in the year ahead are to:

• develop a Fraud Control Plan and implement

appropriate strategies to ensure the integrity,

security and privacy of data;

• fit-out and relocate to new business premises;

• complete the imaging of the 1856-1951

registers and ensure their secure storage in

a controlled environment;

• introduce an upgraded version of our business

software, Lifedata 2, and improve service

levels for clients;

• complete the development of the Registry's

management information system REGMIS;

• review the Births, Deaths and Marriages

Registration Act 1995 (NSW) and regulations;

and

• further develop the services available to

customers online.


REVIEW OF OPERATIONS Commercial Enterprises

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May

-00

Jun-

00

Jul-0

0

Aug-

00

Sep-

00

Oct

-00

Nov

-00

Dec

-00

Jan-

01

Feb-

01

Mar

-01

30%

25%

20%

15%

10%

5%

0%

Perc

enta

ge

Month



65

REGULATORY SERVICESPROGRAM

The Regulatory Services Program consists


• Legal Practitioners Admission Board

• Legal Profession Advisory Council

• Office of the Legal Services Commissioner

• Professional Standards Council

LEGAL PRACTITIONERS ADMISSION BOARD

Executive Officer: Roger Wescombe

The role of the Legal Practitioners Admission

Board (LPAB) is to:

• administer functions associated with the

education of law students and the admission of

legal practitioners in NSW; and

• approve the appointment of public notaries

and maintain the Roll of Public Notaries.

Highlights

Review of policies and procedures

Using stakeholder consultation, LPAB completed

a review of a number of specific policies and

practices. Decisions arising from the review

included: a review of recent developments in

practical training courses; the requirement that

all local applicants for admission as legal

practitioners first undertake a practical training

course; the introduction of an English language

test to admit applicants whose law qualifications

are not in English; streamlining the admission

process for overseas practitioners applying for

admission in NSW; and restructuring LPAB’s

committees to permit more attention to both

student and admission related matters. The aim

of these decisions is to ensure that the quality of

legal practitioners admitted to NSW remains

appropriate and that LPAB’s procedures are as

convenient as possible for their clients.

Continued review of fees

By monitoring income, expenditure and assets

and continuing to seek economies in purchasing

goods and services, it has been possible to

maintain fees at current levels. There have been

no fee increases since 1997.

Improved assessment of qualifications

LPAB refined client service by improving the

assessment of overseas academic qualifications.

As a result, the average time for processing

applications was reduced from seven to four weeks.

Roll of Public Notaries

In order to ensure that the roll is kept up to date,

LPAB amended rules and procedures relating to

the enrolment of public notaries.

The year ahead

The key priorities for the Legal Practitioners

Admission Board in the year ahead are to:

• simplify and clarify forms and procedures for

the registration of Students-at-Law;

• create an Examinations Committee to

administer the candidature of Students-at-Law;

• introduce an English language test to admit

applicants whose law qualifications are not in

English;

• review electronic and customised versions of

practical training courses for law firms; and

• complete the reform of LPAB’s record-keeping

and archives arrangements.

LEGAL PROFESSION ADVISORY COUNCIL

Secretary: Maurice Polkinghorne

The role of the Legal Profession Advisory Council

(LPAC) is to:

• review the structure of the legal profession; and

• ensure quality legal services are accessible,

affordable and accountable to the community.

Highlights

Improved technologies

LPAC has improved its web site to include

discussion papers and an interactive database for

users to comment on or supply submissions about

the discussion papers.


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Referrals

LPAC provided responses to the Attorney General

on draft regulations and legislation concerning

bankrupt legal practitioners and the Legal

Profession Amendment (Disciplinary Provisions)

Bill 2001. In addition, submissions made by

members of the legal profession and the public

were reviewed and forwarded to the Attorney

General with recommendations.

Doctrine of advocates’ immunity

LPAC conducted an extensive review of the

doctrine of advocates’ immunity in respect of

in-court work in response to the House of Lords

judgment in the case of Hall v Symons. This

judgment overturned the previously accepted

public policy position in relation to advocates’

immunity in the UK. This has led to LPAC

conducting a review of competency and standards

in relation to advocacy. LPAC has considered draft

recommendations to increase the period of

probation for barristers to three years. This

includes mandatory continuing legal education in

the principles and standards of advocacy and risk

management, and certification by the NSW Bar

Association that an advocate is a fit and proper

person to practise.

Pro bono services

LPAC conducted a full and thorough review of

the provision of pro bono services by the legal

profession. This also included providing responses

to the Law Society of New South Wales’ issues

paper on pro bono services.

Practice rules review

During the year LPAC conducted various reviews

of the professional conduct and practice rules,

but has not made any specific recommendations

for change.

The year ahead

The key priorities for the Legal Profession

Advisory Council in the year ahead are to:

• respond to referrals made by the Attorney

General;

• respond to submissions made by members

of the legal profession and the public;

• review certain elements of the general

regulation and the conduct rules of the legal

profession; and

• review the ethical considerations of lawyers

employed by non-lawyers, the use of email and

other professional ethics, and consider the

unbundling of legal services and the use of

contingency fees.

OFFICE OF THE LEGAL SERVICECOMMISSIONER

Commissioner: Steve Mark

The role of the Office of the Legal Services

Commissioner (OLSC) is to improve consumer

satisfaction with legal services by:

• developing and maintaining effective

complaint-handling processes;

• promoting compliance with high professional

and ethical standards;

• encouraging an improved consumer focus

within the profession to reduce causes for

complaint; and

• promoting realistic community expectations

of the legal system.

Highlights

Complaints and reviews

There were 2,635 complaints made to OLSC this

year. OLSC handled 1,808 (68.6 per cent) of

these complaints and referred 827 (31.4 per cent)

to the Professional Councils for investigation.

OLSC completed 1,799 complaints, 58.3 per cent

of them within three months; this compares with

53 per cent completed within three months in

1999-2000. OLSC received 123 requests for

reviews of investigations conducted by the

Professional Councils and completed 142 reviews.

Inquiry line

This year OLSC handled 9,110 calls through its

inquiry line about problems people experienced

when accessing legal services in NSW. Trained

inquiry officers were able to respond to 92 per

cent of calls, an improvement on the 88.6 per

cent achieved in 1999-2000 and better than the

target of 90 per cent.



67

Complaints administration

Through the implementation of streamlined

complaints administration systems OLSC reduced

errors and initial data loss in some areas from

15 per cent to less that 5 per cent, thereby greatly

reducing the need for checking and rework. The

improvements enabled OLSC to provide progress

reports to clients more efficiently. Enhancements

to OLSC’s Complaints Tracking System in February

2001 brought further increases in their efficiency in

processing complaints and monitoring investigations

conducted by the Professional Councils.

Education and information services

To help legal practitioners and consumers avoid

disputes or resolve them without external

intervention, OLSC improved the education and

information services it provides for members of

the community and the legal profession. It

upgraded the program it provides for university law

schools and established effective relationships

with community legal centres and other

community agencies such as migrant resource

centres. OLSC has also been an active founding

member of the Joint Initiatives Group, which

facilitates the sharing of knowledge, skills and

experience among regulatory and complaint-

handling agencies in NSW.

Legal Profession Act 1987

OLSC actively participated in the NSW Law

Reform Commission’s review of Part 10 of the

Legal Profession Act 1987 (NSW), which governs

the co-regulatory legal complaints and discipline

system. In addition, OLSC prepared submissions

to the Attorney General concerning amendments

to the Act aimed at addressing the concerns of

both the legal profession and the community and

ensuring that the system functions effectively.

Bankruptcies and criminal convictions

OLSC contributed to the development of a

regulation which requires NSW legal practitioners

to disclose bankruptcies and criminal convictions.

OLSC is working with the Law Society of NSW

and the NSW Bar Association in the

implementation of the regulation and related

amendments to the Legal Profession Act

1987 (NSW).

The year ahead

The key priorities for the Office of the Legal

Service Commissioner in the year ahead are to:

• extend and formalise complaint-handling

guidelines to incorporate best practice

management principles and feedback

from clients;

• continue to develop and implement structured

on-the-job training in complaint-handling and

encourage staff to participate in relevant

external training;

• maintain an inquiry line response rate of at

least 90 per cent and continue to improve the

information and advisory services provided

to callers;

• negotiate with the Professional Councils to

develop common policies on the interpretation

and reporting of complaint outcomes;

• contribute to the ongoing development of

legislation governing the provision of legal

services in NSW and develop systems for

efficient implementation of amendments as

they are enacted; and

• extend and utilise links with relevant community

agencies, legal education providers and other

complaint-handling and regulatory bodies.

PROFESSIONAL STANDARDS COUNCIL

Secretary: Bernie Marden

The role of the Professional Standards Council is to:

• approve and monitor schemes to improve

professional standards, protect consumers, and

limit civil liability of professional groups; and

• encourage and support self-regulation of

members of professional organisations to

improve professional standards.

Highlights

Cover of Excellence TM

The Council increased the awareness of its

schemes through the Cover of ExcellenceTM

initiative. Research work, consultative papers and

reports drew interest from government agencies,

professional bodies, media and the wider

community. The Council also developed and

published standards to be adopted for complaints

and discipline systems in the professions.

Renewals and approvals

The Council continued to work with Solicitors

Scheme, Surveyors Scheme and Investigative and

Remedial Engineers Scheme administrators to

ensure the integrity of existing schemes is

maintained and improved by approving the

renewal of, and changes to, these schemes.

Two new schemes were also approved for

valuers and accountants.

Occupational standards and risk management

The Council continued its research into

occupational standards and risk management with

the release of a consultative paper on continuing

professional development. Two substantial reports

were also released concerning whistleblowing in

the professions and standards for complaints and

discipline systems.

NSW/WA Joint Council

Agreement was reached with the Western

Australian Professional Standards Council for NSW

to provide the strategic and operational support

needed to achieve the full benefits of the NSW/WA

Joint Council arrangement. The Joint Council was

formed to enable a consistent approach to

approving and supervising professional standard

schemes across both States.

The year ahead

The key priorities for the Professional Standards

Council in the year ahead are to:

• continue to build the Cover of ExcellenceTM

brand;

• develop the Council’s client services; and

• improve the Council’s internal risk

management systems.


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JUSTICE SUPPORT SERVICESPROGRAM

The Justice Support Services Program consists


• Library Services Division

• Law Courts Library

• Office of the Sheriff

• Reporting Services

LIBRARY SERVICES DIVISION

Director of Library Services Division: Yvonne Brown

The role of the Library Services Division is to:

• provide legal source material and information

for the Attorney General, officers of the

department, legal officers from other

government agencies, members of the legal

profession and law libraries; and

• provide library and information services to

lower, intermediate and specialist jurisdictions

and tribunals.

Highlights

Amalgamation of the Attorney General’s Library and

the NSW Law Libraries

The Library Services Division was established during

the reporting year from the amalgamation of the

Attorney General’s Library and the NSW Law

Libraries. The Library Services Division now consists

of a number of libraries within the department:

• Attorney General’s Library

• Compensation Court Library

• Downing Centre Library

• Industrial Relations Commission Library

• Land and Environment Court Library

Library web site expanded

A Webpage Committee has been established to

expand and update the Library’s web site with a

view to reproducing all library publications

electronically via the department’s intranet. The

committee will review and update webpage content

and formulate a strategy for ongoing development.

Client surveys

A survey was conducted of Downing Centre Library

clients. Eight per cent of judges, 85 per cent of

magistrates and 78 per cent of associates rated

library services as “excellent”. Fifteen per cent of

judges, 14 per cent of magistrates and 20 per cent

of associates rated the Downing Centre Library as

“very good”. Three per cent of judges, 1 per cent

of magistrates and 2 per cent of associates rated

the Downing Centre Library as “good”.

The year ahead

The key priorities for the Library Services Division


• redefine the role of the Attorney General’s

Library and reposition the library to take

advantage of the increasing use of electronic

publications;

• review the collection development policy of the

Attorney General’s Library with a view to

servicing the needs of all staff in the

department and strengthening the library

collection in non-legal areas such as

management;

• provide all Library Services Division

publications in electronic format; and

• replace the existing library management

system Dynix with a more useful interface.

LAW COURTS LIBRARY

Librarian-in-charge: Lesley O’Loughlin

The role of the Law Courts Library is to:

• provide legal and information services to the

courts, commissions and tribunals located

within the Law Courts Building.

Highlights

Review of Federal Court Library Services

The review of the Federal Court Library Services

raised the issue of Commonwealth funding for the

Law Courts Library. A draft proposal for a new

funding arrangement and management agreement

between Commonwealth and NSW Governments

has been developed and presented to the Law

Courts Library Management Committee.

GST implementation

Access payments were converted from a calendar

to a financial year charge with the fees for 2000

collected in two stages to accommodate the

introduction of the GST mid-year. The Law Courts

Library also abandoned the library voucher system

as a means of paying for inter-library loans and

document delivery with the introduction of the

GST on 1 July 2000.

Electronic records

The Law Courts Library assumed full responsibility

for the management and maintenance of the

Supreme Court Judges’ chamber and floor library

collections. All manual records have been converted

to electronic format and details of the floor

collections have been added to the online catalogue.

Virtual Library Project

The objective of the Virtual Library Project is to

provide a coordinated department-wide approach

to the acquisition of electronic resources that is

aligned to individual business centre plans and

the department’s corporate plan. The outcome

will be increased access from the desktop to a

wider range of electronic products.

At the business centre level the Law Courts

Library is acting as a test site for the Virtual

Library Project by subscribing to a number of

Thomson Regulatory Group online titles via the

internet to determine issues relating to desktop

access, usage levels and training needs.

The year ahead

The key priorities for the Law Courts Library in


• continue development and maintenance of the

Law Courts Library web site;

• develop the Law Courts Library intranet site to

provide the Federal Court judiciary and staff

located in the Law Courts Building the same

level of access to electronic resources and

services that is available to Supreme Court

judiciary and staff;

• develop new content for the Law Court Library

Legal Research Links and continue to monitor

existing links;

• participate in the implementation of the Virtual

Library Project. The Law Courts Library will

continue to act as a test site with access to a

range of Butterworths online products available

to the judiciary and staff of both courts from

the desktop and remotely;

• develop and maintain access to the Law Courts

Library’s Current Awareness Service via the

Library’s intranet site; and

• provide access to the department’s shared

catalogue via the intranet.

REPORTING SERVICES BRANCH

Acting Director: Roy Motto

The role of the Reporting Services Branch (RSB)

is to:

• operate State-wide court reporting, sound

recording and transcript services to the courts,

boards and tribunals.

Highlights

Transcript services

Demand for transcript services remained steady

during the reporting year, but were lower than the

previous three years with 115 sittings per day

compared to 119 sittings. The reduction was

partly due to the impact of the Olympic Games

and the subsequent reduction in court sittings.

Demand for daily transcripts accounted for

approximately 23 per cent of the workload with

an average turnaround time for transcripts not

required on the same day of 16.5 days.

Court technology

The program to re-equip courts with more

up-to-date sound recording equipment continued

this year with priority being given to courthouses

in rural NSW. The equipment will enhance the

quality of sound, resulting in a more efficient and

timely production of transcripts.

Electronic transcript database

A pilot project was established to extend the

electronic transcript database to provide online

delivery of electronic documents to judges. This

will eventually extend to parties including Legal

Aid, Director of Public Prosecutions and other


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qualified users of the department’s web site

Lawlink NSW.

Remote recording pilot

A successful remote recording pilot was undertaken

this year to provide the transmission of audio and

vision from court proceedings to external locations

with two or more courts to be monitored

simultaneously. Sixteen courts in the John Maddison

Tower and Downing Centre have now been fitted for

the introduction of remote recording. Remote audio

recording systems developed for use in rural courts

throughout NSW were also trialled during the year.

The year ahead

The key priorities for the Reporting Services

Branch in the year ahead are to:

• review the existing pilot project – established to

extend the electronic transcript database to

judges – and extend the service to all judicial

officers and to the Director of Public

Prosecutions, Legal Aid, and other qualified

users of the department web site Lawlink NSW;

• pilot the use of digital sound recording and

transcription systems in CBD, metropolitan and

country locations; and

• achieve greater cost effectiveness by allocating

resources more appropriately across various

court jurisdictions. For example sound

recording in courts requiring delayed or no

transcript and court reporters only in courts

requiring daily transcripts.

OFFICE OF THE SHERIFF

Sheriff of NSW: Bruce Kelly

The role of the Office of the Sheriff is to:

• provide court security and support services;

• manage the jury system; and

• uphold civil law by serving and executing

court orders.

Highlights

Customer satisfaction survey

The Office of the Sheriff implemented a pilot

customer satisfaction survey in response to the

needs of their clients. The pilot survey for jurors

showed 82 per cent customer satisfaction.

Reduced unused jury time

An important achievement for the Office of the

Sheriff is to reduce the number of jurors called,

but not required. The number of jurors summoned

this year was again reduced, providing a total

reduction of 28 per cent since 1997-1998.

Juror Support Program

A key challenge for the Office of the Sheriff this

year was to ensure that people who attend jury

service are well supported before, during and

after trial. This led to the development and

implementation of a Juror Support Program

across NSW and access to post-trial professional

counselling services for all jurors.

Sheriff’s Office Records Tracking System II (SORTS II)

The Office of the Sheriff introduced a bulk

electronic processing system of fine enforcement

matters from the State Debt Recovery Office to

ensure recovery of civil judgments and unpaid

fines. The SORTS II network business system

was trialled and has been rolled out to 17 per cent

of NSW locations.

More Sheriff’s Officers

This year the Office of the Sheriff employed

26 extra officers to cover 34 Local Court locations.

Additional officers provide a safer local court

environment by increasing the visible security

presence of Sheriff’s Officers in the State’s

Local Courts.

Crown Employee (Sheriff’s Officers) Award

The Office of the Sheriff has registered the New

Crown Employee (Sheriff’s Officers) Award in order

to provide a modern industrial framework for the

work of the Sheriff’s Officers who deliver improved

services and better value to Government.

The year ahead

The key priorities for the Office of the Sheriff in


• introduce ongoing customer satisfaction

surveys for major jury trial locations as well

as piloting surveys for other areas of business;

• provide advice and assistance to judicial officersin their management of jurors and juries;

• increase the number of Sheriff’s Officers inLocal Courts as a key feature of theGovernment’s Court Security Strategic RiskManagement Program;

• assist the Government to introduce a new legalframework for the Office of the Sheriff and forall NSW court security operations;

• complete the rollout of the Sheriff’s OfficeRecords Tracking System II to 100 per cent of locations in NSW;

• review the civil judgment recovery process toimprove its efficiency and effectiveness; and

• implement the fundamental improvements towork practices negotiated under the CrownEmployee (Sheriff’s Officers) Award 2001,including technological change, processimprovements and ethical practice standards.


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INFORMATION AND MANAGEMENTSERVICES PROGRAM

The Information and Management Services

Program consists of the following business

centres:

• Corporate Human Resources

• Executive and Strategic Services

• Management Services

CORPORATE HUMAN RESOURCES

Acting Director: Marlene Krasovitsky

The role of Corporate Human Resources (CHR) is to:

• provide professional and specialist services for

human resource management, industrial

relations, training and development, client

service strategies and organisational and policy

development and implementation.

Highlights

Restructures and reviews

Over the past year, there were a number of

restructures and reviews involving the following

areas of the department:

• Attorney General’s Library and NSW Law

Libraries

• Office of the Protective Commissioner and

Office of the Public Guardian

• Supreme Court Registry

• State Debt Recovery Office

• Privacy NSW

• NSW Anti Discrimination Board

• Legal Resource and Referral Centre

• Land and Environment Court Registry

• Children’s Court Clinic.

All reviews and restructures were designed

to improve the effectiveness and efficiency

of business centres.

2000 Olympic and Paralympic Games Workforce Planning

Olympic and Flexible Working Hours Agreements

were developed for the Olympic period.Approximately 400 staff participated in the Olympicand Paralympic Volunteer Programs. All workforcearrangements with other government agencies werecoordinated by the Organisational Review Unit.

Equal Employment Opportunity (EEO) StrategicManagement Plan

A new two-year plan was developed which expandsall successful existing strategies to improve therepresentation of EEO target groups at all levels.New strategies include the establishment of EquityNetworks for people with a disability, people fromracial, ethnic, ethno-religious minority groups andalso people whose language first spoken as a childwas not English. The department’s EqualEmployment Opportunity (EEO) StrategicManagement Plan ensures the department isachieving excellence in EEO program planning,implementation and outcomes.

Aboriginal and Torres Strait Islander Employment Strategy

The Aboriginal and Torres Strait Islander (ATSI)Employment Strategy aims to provide ATSIemployment initiatives and to establish a numberof new programs, policies and schemes tofacilitate career development, workplace supportand strategy management. A new strategy hasbeen developed in consultation with staff andstakeholders and is now being implemented.

Flexible working hours agreement

A flexible working hours trial scheme continued in the Office of the Protective Commissioner andPublic Guardian and negotiations to extendflexible working hours schemes across thedepartment are in progress. A final agreement on the scheme is expected by the end of 2001.

Human resource policies

The department continued to ensure all policiesremain constant and reflect legislative changes.New policies were developed for inclusion in thedepartment’s staff manual. A number of policieswithin CHR are under review including:

• Managing sick leave

• Code of Conduct

• SES Higher Duties Allowance Policy

• Maternity Leave Policy

• Part-time Work Policy

• Temporary Employment Policy

• E-mail Policy

• Working from Home Policy

• Secondary Employment Policy.

Awards for Excellence Program

The rewards and recognition program, Awards forExcellence, continued during the reporting yearwith the Annual Awards for Excellence 2000 presented in November at NSW ParliamentHouse. During 2000-2001 six “Employee of theMonth” and five “Team of the Month” Awards were presented.

Employee Assistance Program

The department’s Employee Assistance Program(EAP) continued to provide staff access toprofessional counselling to help them resolvetheir problems in a comfortable, neutral andconfidential manner. The service is provided freeof charge to staff and their families. EAP alsoprovides a “managerAssist” component that givesmanagers assistance in dealing with issues ofconcern within their workplace.

Workplace Ethics and Behaviour Program

The Workplace Ethics and Behaviour Programaims to create a harmonious, productive andharassment-free working environment where thecontribution and diversity of staff are valued.Strategies under this program include:

• Harassment Prevention and GrievanceHandling Policies

• Code of Conduct

• E-mail Policy

• Contact Officers and Workplace Advisers

• Ethics in Workplace Training

• Corruption Prevention Strategy.

Migrant Work Experience Program

The implementation of the Migrant WorkExperience Program continued to provide workexperience for program participants from othergovernment agencies.

Vacation Care Subsidy

The department’s Vacation Care Subsidy

continues to operate, accommodating children

between the ages of five and 16, who are enrolled

in school. The department provides a subsidy

payment to staff for a maximum of ten days per

school holiday period when children are enrolled

with a registered child care provider during the

school holidays.

Recruitment and selection procedures

Following a comprehensive staff survey,

major changes were made to the department's

recruitment and selection procedures. Over

500 job applicants were surveyed and the

recommendations from the survey have resulted

in the introduction of a fairer, more transparent

and effective recruitment system.

Workplace Safety Improvement Plan (WSIP)

Implementation of the WSIP commenced in

November 2000, with the appointment of a

Workplace Safety Coordinator and the establishment

of an executive Occupational Health and Safety

(OHS) Advisory Committee in January 2001. The

Committee is chaired by the Director General and

includes senior departmental officers and

WorkCover, union and employee representatives.

The committee sat in March, April and June 2001.

Projects commenced since the committee's first

meeting include: reviews of existing OHS policies

and practices including the department's OHS

committees, first aid, and incident notification

systems; development of OHS guidelines for the

court environment, work practices and training;

and a review of training and capital works

resources in relation to OHS.

The department's workers’ compensation system

has been audited and improved practices

established. Fourteen officers attended WorkCover

accredited “return to work” training to support

the devolution of injury management

responsibilities to regional managers.

The department also won Treasury ManagementFund sponsorship for a project to develop andimplement an OHS management system tailoredto meet the department's business andoperational needs. The project will establish


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clear accountabilities for OHS at planning andoperational levels, and provide processes for implementing OHS best practice.

Human Resources Strategy

Good progress has been made in implementing the department’s Human Resources Strategy. Thestrategy focused on the key priorities arising fromthe 1999 Employee Survey, targeting the issues of staff appreciation, career prospects, meritrecruitment and selection and staff development.The department has provided far moreopportunities for staff recognition and developmentwith a focus on management development over the past 12 months. The department achieved a 60 per cent staff participation rate in itsPerformance Planning and Development System.

Corporate Development and Training

The Corporate Development and Training Unit(CDT) provides training, organisationaldevelopment and consultancy services to enablethe department’s business centres and staff toachieve their goals and objectives.

CDT reviewed their training and developmentprogram to ensure relevant and contemporarytraining strategies were offered. Additionally, CDTstaff undertook a range of professional developmentprograms to ensure quality consultancy andworkplace services continued to be provided.

CDT has increasingly become involved in manyactivities with business centres that requireservices be provided to meet specific needs, suchas team building, conflict resolution andinformation technology.

Course nomination process

CDT improved the course nomination process by implementing an electronic system. The newsystem ensures that 100 per cent of files containappropriate and up-to-date information that canbe retrieved within 24 hours.

Recruitment and selection

In response to the 1999 Employee Survey, CDTimproved training provided for recruitment andselection panel members. Two training packageswere completed and the course material regularlyreviewed to ensure information was current and accurate.

Two workshops were conducted to meet the needs

resulting from the survey: a three-day

Recruitment and Selection Workshop for staff

who have never been trained in the process and

a two-day Recruitment and Selection Refresher

Workshop, which is required every two years for

trained staff.

Operational training for Local Courts

A Coordinator of Local Courts Operational Training

was appointed to manage the review of

operational training for Local Courts. The initial

focus has been the development of a range of

training packages including modules covering

both court and registry tasks and the provision

of training skills to a network of operational

trainers across NSW.

The year ahead

The key priorities for Corporate Human Resources


• improve the management of Workers’

Compensation claims;

• conduct an Employee Survey and develop

strategies to address issues raised;

• continue to achieve service and process

improvements; and

• investigate the implementation of Employee

Self Service in the department.

MANAGEMENT SERVICES

Director: Russell Cox

The role of Management Services is to:

• provide specialist services and advice to assist

the department achieve its goals. These include:

– financial management and accounting;

– management and maintenance of

applications, hardware, networks and

communications systems;

– management of the department’s extensive

property portfolio;

– corporate and administrative management

services;

– management of internal audit services;

– management of information technology

infrastructure, systems and services.

Highlights

Technology infrastructure

This year saw the commencement of a rolling

Treasury-funded leasing program for all computer

hardware across the department.

Criminal histories data exchange

In July 1999 Cabinet decided to pursue

improvements to the quality and timeliness of

criminal histories data through the electronic

exchange of court outcome data between the

computer systems of the Local Courts and

NSW Police. In response to this, during the year:

• 56 Local Courts in NSW were equipped with

technology to electronically transmit court

outcomes, representing 80 per cent of all

criminal finalisations in NSW; and

• a project team achieved its target of 30 June to

electronically transfer court outcomes,

including finalised and non-finalised matters

(for example bails and remands), to the Police

Criminal Histories Unit. As a result, significant

improvements are now being achieved in the

accuracy and completeness of criminal records

and the time taken to update criminal histories.

The work completed through this project will

enable the extension of electronic delivery of court

outcomes to other justice agencies. Corrective

Services, the Department of Public Prosecutions,

Juvenile Justice and other criminal justice

agencies stand to benefit from this work.

Tender to build Courts Administration System

The most significant information technology

issue for the department is the replacement of

the seventeen-year-old Courtnet applications

with a modern, web-based, integrated Courts

Administration System (CAS). A tender process

in 1999 and a subsequent effort for joint systems

development with another State, failed to identify a

suitable software and technical solution capable of

meeting the unique scale of NSW court operations.

In December 2000, the department commissioned

KPMG Consulting to identify a suitable technical

architecture for CAS. An appropriate technical

architecture was identified and in January 2001

tenders were called for its design and

development. A solution has been selected and

contract negotiations are presently under way.

The project is expected to start in October 2001.

CAS will support common data requirements

between the courts, the department and other

justice agencies using data standards developed

under the Justice Agencies Data Exchange

Project. This means that common data used by

all justice agencies will only need to be keyed

once, or received electronically from another

agency, in order to be shared with other agencies.

Land and Environment Court goes online

The Land and Environment Court’s online project

LEC Online was launched by the Attorney General

in April 2001. The project is jointly managed by

the Court and Information Technology Services,

and contains a suite of technology-supported

service initiatives.

Once developed and operational, these services will

be implemented in smaller courts and tribunals,

not immediately catered for in the CAS roll out.

Voice recognition

The department has initiated an investment in

voice recognition software for judges and

magistrates to enable direct electronic dictation of

notes, judgments and orders. Dragon Dictate is

now being used by a number of judges in the

Supreme and District Courts and by 25 magistrates

in Local Courts. A dedicated trial of the costs and

benefits of voice recognition systems is also being

undertaken with the cooperation of judges in the

Land and Environment Court.

Justice Agency Data Exchange Project (JADE)

Phase two of JADE received Treasury funding to

commence in 2001-2002. While continuing to

develop data standards and implement more data

exchanges it will initially focus on technical

architecture issues to identify the best technology

solutions for real-time data sharing within the

criminal justice sector.



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Sheriff’s Office Records Tracking System (SORTS)

The department has commenced the deployment of

a new application within the Sheriff’s Office to

allow property seizure orders to be received

electronically from the State Debt Recovery Office

and distributed electronically to the Sheriff’s Office

for action. This will result in improvements to

process efficiency and timeliness of information,

and will reduce the potential for unnecessary action

being taken by a Sheriff’s Officer as a result of out-

of-date information.

Automated workflows

The department has introduced intranet-based

workflow technology for internal applications,

forms and surveys. Examples include:

• Internet/RAS applications – this has provided

significant improvement in internal service

provision. Using manual forms, applications

often took up to two weeks to process. With

automated workflow, 50 per cent of submissions

are processed and actioned within 24 hours;

• training provided for courts applications; and

• Web Author Access Form – use of this form

has reduced the average processing time from

five to 1.8 days.

Financial services

The major achievements of the financial services

branch during the year were the introduction of

improved controls to accommodate the

introduction of GST, and the introduction of

electronic funds transfers, an electronic financial

transactions system to replace manual systems in

local and other courts. Improvements have also

been made to cash management procedures and to

financial information for Victims Services debtors.

There has also been an increased focus on risk

management and monitoring of the department’s

occupational health and safety performance.

Capital improvements

In 2000-2001 a new two-court complex was

completed at Toronto and major extensions and

renovations undertaken at Bega and Brewarrina

courthouses. A total of $14.5 million (recurrent

maintenance, backlog maintenance and

improvements/rationalisations) was invested in

the maintenance and improvement of facilities in

courthouses throughout the State.

Major conservation and upgrading works were

progressed at the historic King Street Courthouse

and the fire-damaged area of Court Two restored.

Comprehensive maintenance projects are being

undertaken at Newcastle, 50 Phillip Street,

Dubbo, Darlinghurst, Central Local, Deniliquin and

Cootamundra to address an accumulated backlog

of maintenance. Deniliquin and Cootamundra have

had works applied to stabilise their foundations

following the damaging effects of movement to

these significant heritage buildings.

Leased accommodation

The department has continued to consolidate

occupation of leased accommodation over the last

12 months. Since 1998 floor space ratios in

leased buildings have reduced from 21.76 square

metres per person to 17.8 square metres. The

government target is 18 square metres.

Date m2 $(Area) (Rental)

April -96 57,040.75 15.1M

April -97 53,602.00 14.1M

April -98 60,181.70 15.1M

April -99 67,414.29 16.9M

April -00 69,026.37 17.5M

April -01 68,071.79 17.9M

Service improvements

The department has 13 videoconferencing

systems in the final stages of implementation as

part of a justice-wide initiative. This is providing

an opportunity to enhance service delivery,

particularly for bail and arraignment applications.

When fully operational, prisoner movements will

be significantly reduced.

Security at courts has been enhanced this year.

Integrated security and CCTV have been installed

at Wollongong Courthouse and Central Local and

an X-ray scanning system at Parramatta and

Darlinghurst Courthouses.

A further $500,000 has been invested in the

provision and improvement of disability access

to fifteen court locations. Access enhancements

and/or accessible toilets have been completed at

the Downing Centre, John Maddison Tower,

Cessnock, Boggabilla, Mungindi, Tenterfield,

Newcastle, Inverell, Moruya, Parkes, Grenfell, Peak

Hill, Moama, Leeton and Narrabri Courthouses.

Procurement

The department has introduced a service level

agreement with Corporate Express Pty Ltd to

become the preferred supplier of common use

goods. The reduction in the supplier base for

common use goods, from over 200 to one supplier,

and the use of NetXpress online procurement, has

led to savings of 30 per cent per annum.

During the year a new energy contract was

negotiated. The contract provides significant

energy savings to five sites across NSW, and there

are plans to extend coverage to other sites.

The department has introduced a service level

agreement with the Department of Public Works

and Services (DPWS). DPWS delivers agreed

maintenance and building-related services. The

agreement provides for the delivery of competent

and professional project management services in

addition to the delivery of asset maintenance and

improvement projects across the State. The

agreement also promotes a partnership designed to

extract economies in the delivery of support services

for maintaining the assets of the department.

Building services contracts across the State were

updated to ensure effective operation of the

systems, compliance with Statutory Health and

Safety obligations and achievement of optimum life.

Arising from these new contract arrangements, the

service supplier base has been significantly reduced,

allowing the department to pursue efficiencies in the

process of work orders and payments. Electronic

invoicing is being implemented to streamline

processes and reduce reliance on paper processing.

The department continues to undertake a

progressive and ongoing review of all procurement

practices, to identify opportunities for improved

service delivery, the achievement of cost savings

and process improvement through the application

of technology (e-commerce). Strategic reviews of

printing service delivery, mail services and the

procurement of office equipment have begun.

Other achievements include:

• successful management of the department’s

internal audit function;

• preparation of the Capital Investment Strategic

Plan 2000-2005;

• development of a proposal on improvements to

Workers’ Compensation Claims Management to

assist in decreasing the department’s insurance

premiums and ensuring staff receive the

appropriate assistance; and

• preparation of the department’s Service and

Resource Allocation Agreement with Treasury

including the development of performance

measures.

The year ahead

The key priorities for Management Services in the

year ahead are to:

• construct new Children’s Courts at Parramatta

and in the Hunter region;

• undertake major alterations at Moree and Woy

Woy Courthouses and build an additional

courthouse at Wagga Wagga;

• pursue opportunities to reduce energy and

waste generated in the department’s

operations;

• expand opportunities for e-commerce

applications and improved procurement

practices in the areas of travel, mail, printing

services and building maintenance;

• develop an interactive intranet site to enhance

communication of property-related services

with all court users;

• tender and select the department’s new three-

year Internal Audit Contract;

• update the Capital Investment Strategic Plan

to ensure the plan reflects changes in service

delivery requirements and departmental

priorities relating to court services;

• improve efficiency and productivity in transaction

processing, banking, reporting and access to

financial information for business centres;



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• complete the design and implementation

phases of the Courts Administration System

for the Supreme Court;

• undertake a comprehensive review of the

department’s information technology

infrastructure to ensure that critical

applications have sufficient network bandwidth;

• implement personal portals to enable all staff

to access preferred applications via the

department’s intranet site;

• migrate financial, human resources and other

critical business applications to Oracle databases;

• implement phase two of the Criminal Histories

Project by 31 December 2001;

• pursue the objectives of the Justice Agency

Data Exchange Program (now renamed the

Justice Sector Information Sharing Project);

• conduct a review of the department’s HelpDesk

function to better align information technology

services with current and future business

needs; and

• redesign the department’s voice

communications network to maximise service

delivery and reduce costs.

EXECUTIVE AND STRATEGICSERVICES

Director: Greg Curry

The role of Executive and Strategic Services

(ESS) is to:

• provide a range of strategic and specialist

services that promote organisational excellence

and enhance the department’s capacity to

achieve its goals. These include:

– communication and public affairs;

– corporate/strategic planning;

– disability strategy coordination; and

– electronic services.

Highlights

Our Commitment to the Community

In March 2001 ESS developed a new department-

wide strategic plan, Our Commitment to the

Community. The plan presents responses to the

challenge of providing excellent client service,

good management and working well with

stakeholders. The department’s business planning

was subsequently aligned with Our Commitment to

the Community and a revised corporate and

business management cycle prepared to

streamline business centre reporting. In 2001-

2002, senior executive performance agreements

will be aligned to Our Commitment to the

Community to ensure the Commitment is fulfilled.

Olympics planning

ESS coordinated the department's planning for

the Olympic period and played a key role in

developing and implementing a flexible working

hours agreement for staff during this period.

Performance of Lawlink NSW

The department’s Lawlink NSW web site and

Infolink intranet site continued to grow during the

year. By June 2001, these sites were recording

up to four million page views per month, with

approximately two-thirds (2,500) of the

department’s staff regularly using the intranet.

Lawlink NSW is consistently rated second or third

in the top ten most popular legal web sites in

Australia, and consistently ranks in the top five

Australian State Government web sites (based on

sampling by independent internet ratings

organisations). A major review and redesign of the

sites will be carried out in 2001-2002.

Improving services to people with disabilities

The Disability Strategic Plan 2000-2002 was

published, setting out the department’s goals

and actions in providing better services to people

with disabilities.

The department introduced a new state-of-the-art

Flexible Service Delivery Program in June 2001.

The program provides the training, resources and

authority necessary for front-line staff to better

respond to clients with disabilities. Developed in

consultation with people with disabilities, a trial

was undertaken during 1999-2000 at Wollongong

and Campbelltown Courts and the offices of

Victims Services. In the next twelve months the

program will be rolled out to a further 24

locations across the State.

A staff manual on how to better serve people withdisabilities, titled ACCESSlink, was developed asa ready-reference resource to assist frontlinestaff. As at June 2001, 31 per cent of staff havebeen trained in disability awareness.

Key performance indicators for court services

The compilation of key performance indicators for court services was initiated in October 2000.Measures of clearance ratio, backlog and overloadare now compiled monthly to provide a snapshotof court performance for court managers andsenior executives. In addition, the development of improved data definitions and streamlinedreporting mechanisms was carried out and willcontinue in 2001-2002.

Expanded role for ESS

The role of ESS was extended in 2000-2001 to include support and coordination for theestablishment of the Legal Resource and ReferralCentre, a joint initiative of the department, the LawSociety of NSW, the NSW Bar Association and theLegal Aid Commission. ESS also saw the creationand staffing of the new position of DepartmentalSpokesperson, which will provide improvedresponsiveness and liaison with the media.

Quality program revamped

The department’s quality program was revampedduring the year and a new, broader approach toquality, incorporating improvements to overallperformance, was adopted in June 2001. TheQuality Spectrum Program acknowledges thedifferent business needs of the department'sbusiness centres, enabling each business centre totailor its approach to quality in ways that reinforcethe needs of the department's clients. TheProgram utilises a best-of-breed approach withbusiness centres adopting a quality methodologythat best meets their business needs and strategicplans in pursuit of continuous improvement.

Corporate Services Reform

A major project to reform corporate servicesacross the department was introduced during theyear. Corporate Services Reform will pull togethera range of disparate projects and focus onredirecting resources from corporate overheads todirect service delivery. A key element of reform

will be the use of technology. In the year ahead

planning and implementation for electronic self-

service to provide employees with online access

to routine human resources and payroll functions

will proceed.

Law Week 2001

A number of activities were undertaken during

Law Week, held 14-19 May 2001. Law Week

promotes greater understanding within the

community of the law, the legal system and the

legal profession. This year, the theme for Law

Week was Working Towards a Safer Community

and many events attracted significant interest in

the community.

Local Courts hosted 30 events in rural and

regional communities throughout NSW aimed at

building relationships between local communities

and justice agencies. The resource book

Celebrating Law Week in your Local Community

was published to assist business centres in

planning and managing community events.

New publications

The production of more than 30 publications

was managed during the year, including 11

editions of the department's internal staff

newsletter Agenda. For a full list of new

publications see Appendix 21.

The year ahead

The key priorities for Executive and Strategic

Services in the year ahead are to:

• improve the department’s communication

competency through the development of a

comprehensive public affairs program;

• conduct a review and redesign of the

department’s Internet and intranet web sites

Lawlink NSW and Infolink;

• continue the development of streamlined

performance reporting mechanisms of courts;

• continue Corporate Services Reform across the

department with the aim of redirecting

resources from corporate overheads to direct

service delivery; and

• continue to integrate new quality programs.



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Attorney General’s Department of NSW Annual Report 2000-2001 81

FINANCIAL STATEMENTS


FINANCIAL STATEMENTS Attorney General’s Department

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83

Parent Consolidated

Actual Budget Actual Notes Actual Budget Actual2001 2001 2000 2001 2001 2000$000 $000 $000 $000 $000 $000

Expenses

Operating expenses

246,927 248,400 235,583 Employee related 2(a) 288,725 287,652 262,517

81,773 78,361 74,360 Other operating expenses 2(b) 94,626 89,894 86,331

13,776 9,025 8,905 Maintenance 2(c) 14,605 9,859 9,368

23,488 17,377 20,517 Depreciation and amortisation 2(d) 25,810 20,097 23,104

2,841 2,999 1,987 Grants and subsidies 2(e) 2,841 2,999 1,987

3,586 3,542 3,347 Borrowing costs 2(f) 3,730 3,542 3,347

143,676 123,769 115,897 Other expenses 2(g) 142,563 125,820 115,702

516,067 483,473 460,596 Total Expenses 572,900 539,863 502,356

Less:

Retained Revenue

79,599 71,726 75,785 Sale of goods and services 3(a) 117,422 114,571 115,063

701 246 507 Investment income 3(b) 1,633 1,113 1,381

12,536 3,400 6,165 Retained fees 3(c) 12,536 3,400 6,165

28,345 29,097 25,830 Grants and contributions 3(d) 28,345 29,097 25,830

10,405 8,819 10,177 Other revenue 3(e) 23,255 24,042 23,475

131,586 113,288 118,464 Total Retained Revenue 183,191 172,223 171,914

(173) 0 (266) Loss on disposal of non-current assets 4 (209) 0 (322)

384,654 370,185 342,398 NET COST OF SERVICES 389,918 367,640 330,764

Government Contributions

308,447 314,816 291,962 Recurrent appropriation 5 313,530 319,899 296,916(net of transfer payments)

25,266 31,350 24,284 Capital appropriation 5 25,266 31,350 24,284(net of transfer payments)

36,655 35,435 34,373 Acceptance by the Crown Entity of 7 36,655 35,435 34,373employee entitlements and other liabilities

370,368 381,601 350,619 Total Government Contributions 375,451 386,684 355,573

(14,286) 11,416 8,221 SURPLUS/(DEFICIT) FOR THE YEAR (14,467) 19,044 24,809

NON-OWNER TRANSACTION CHANGESIN EQUITY

Correction to previously recognised asset:

0 0 (694) Library collection 0 0 (694)

0 0 (1,043) Plant and equipment 0 0 (1,043)

Correction to previously unrecognised asset:

0 0 13,960 Land and buildings 0 0 13,960

TOTAL REVENUES, EXPENSES AND 17VALUATION ADJUSTMENTS RECOGNISED

0 0 12,223 DIRECTLY IN EQUITY 0 0 12,223

TOTAL CHANGES IN EQUITY OTHER THAN THOSE RESULTING FROM TRANSACTIONS

(14,286) 11,416 20,444 WITH OWNERS AS OWNERS (14,467) 19,044 37,032

The accompanying notes form part of these statements.

Consolidated Statements of Financial Performancefor the Year Ended 30 June 2001

Parent Consolidated


ASSETS

Current Assets

2,671 4,179 3,074 Cash 10 17,775 23,144 21,999

23,512 16,135 19,900 Receivables 11 33,751 23,510 28,993

26,183 20,314 22,974 Total Current Assets 51,526 46,654 50,992

Non-Current Assets

Property, plant and equipment

415,968 421,228 409,228 Land and buildings 12 420,973 421,228 409,262

46,178 53,927 51,954 Plant and equipment 12 60,277 71,079 61,876

462,146 475,155 461,182 Total property, plant and equipment 481,250 492,307 471,138

32,165 47,929 47,929 Receivables 11 48,700 70,854 70,199

494,311 523,084 509,111 Total Non-Current Assets 529,950 563,161 541,337

520,494 543,398 532,085 Total Assets 581,476 609,815 592,329

LIABILITIES

Current Liabilities

32,212 32,320 32,320 Payables 13 32,426 33,150 32,325

1,215 1,346 1,117 Interest bearing liabilities 14 & 18(d) 1,468 1,346 1,117

Employee entitlements and 18,494 18,920 17,727 other provisions 15 25,280 26,183 25,612

2,890 0 443 Other 16 2,890 0 443

54,811 52,586 51,607 Total Current Liabilities 62,064 60,679 59,497

Non-Current Liabilities

42,655 42,558 43,640 Interest bearing liabilities 14 & 18(d) 47,155 42,558 43,640

Employee entitlements and 4,136 3,660 3,660 other provisions 15 9,165 9,031 8,917

46,791 46,218 47,300 Total Non-Current Liabilities 56,320 51,589 52,557

101,602 98,804 98,907 Total Liabilities 118,384 112,268 112,054

418,892 444,594 433,178 Net Assets 463,092 497,547 480,275

EQUITY 17

354,814 380,516 369,100 Accumulated funds 398,868 433,323 416,051

64,078 64,078 64,078 Asset revaluation reserve 64,224 64,224 64,224

418,892 444,594 433,178 Total Equity 463,092 497,547 480,275




84

Consolidated Statements of Financial Positionas at 30 June 2001



85

Parent Consolidated


CASH FLOWS FROM OPERATING ACTIVITIES

Payments

(214,405) (216,815) (207,212) Employee related (250,785) (255,874) (243,431)

(2,961) (2,999) (2,060) Grants and subsidies (2,961) (2,999) (2,060)

(3,566) (3,231) (3,347) Borrowing costs (3,710) (3,231) (3,347)

(226,063) (210,049) (202,910) Other (241,146) (226,198) (214,970)

(446,995) (433,094) (415,529) Total Payments (498,602) (488,302) (463,808)

Receipts

76,687 75,571 70,016 Sale of goods and services 114,723 121,434 109,030

6,174 3,400 6,776 Retained fees and fines 6,174 3,400 6,776

637 246 526 Interest received 1,395 805 1,507

47,880 36,419 33,410 Other 62,488 52,088 49,284

131,378 115,636 110,728 Total Receipts 184,780 177,727 166,597

Cash Flows from Government

310,835 314,816 292,405 Recurrent appropriation 315,918 319,899 297,359

25,325 31,350 24,284 Capital appropriation 25,325 31,350 24,284

Cash reimbursements from the 5,547 4,600 4,152 Crown Entity 5,547 4,600 4,152

341,707 350,766 320,841 Cash Flows from Government 346,790 355,849 325,795

NET CASH FLOWS FROM OPERATING 26,090 33,308 16,040 ACTIVITIES 21 32,968 45,274 28,584

CASH FLOWS FROM INVESTING ACTIVITIES

Proceeds from sale of land and buildings, 183 0 72 plant and equipment 183 0 91

Purchases of land and buildings, (25,789) (31,350) (25,855) plant and equipment (37,308) (41,266) (31,728)

NET CASH FLOWS FROM INVESTING (25,606) (31,350) (25,783) ACTIVITIES (37,125) (41,266) (31,637)

CASH FLOWS FROM FINANCING ACTIVITIES

(1,141) (1,082) (1,012) Repayment of borrowings (1,141) (1,082) (1,012)

254 229 550 Proceeds from borrowings 4,754 229 550

0 0 0 Dividend payments to NSW Treasury (3,933) (2,010) (3,372)

NET CASH FLOWS FROM FINANCING (887) (853) (462) ACTIVITIES (320) (2,863) (3,834)

(403) 1,105 (10,205) NET INCREASE/(DECREASE) IN CASH (4,477) 1,145 (6,887)

3,074 6,191 13,279 Opening cash and cash equivalents 21,999 24,177 28,886

2,671 7,296 3,074 CLOSING CASH AND CASH EQUIVALENTS 10 17,522 25,322 21,999


Consolidated Statements of Cash Flowsfor the Year Ended 30 June 2001



86

Program 1* Program 2* Program 3* Program 4* Program 5*30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00

Expenses $000 $000 $000 $000 $000 $000 $000 $000 $000 $000Operating Expenses

Employee related 7,650 7,749 1,569 1,306 11,956 11,652 40,618 39,446 8,582 8,602Other operating expenses 3,612 2,433 1,010 817 11,814 7,448 12,501 11,316 6,731 6,036

Maintenance 144 331 59 27 384 507 1,413 2,043 233 473Depreciation and amortisation 390 344 53 53 1,595 552 3,331 2,870 629 736Grants & subsidies 2,469 1,731 0 0 11 8 46 47 124 9Borrowing costs 3 0 0 0 5 0 19 0 3 0Other expenses 0 0 0 0 5,506 2,860 7,343 7,755 112,097 79,683

TOTAL EXPENSES 14,268 12,588 2,691 2,203 31,271 23,027 65,271 63,477 128,399 95,539

Retained RevenueSale of goods and services 257 272 8 6 184 248 5,206 5,264 622 655Investment income 24 18 0 0 41 22 169 126 38 23Retained taxes, fees and fines 0 0 0 0 0 0 0 0 12,536 6,165Grants and contributions 2,148 1,747 0 0 276 527 272 263 4 5Other revenue 54 109 3,146 2,513 120 140 1,289 1,667 782 960

TOTAL RETAINED REVENUE 2,483 2,146 3,154 2,519 621 937 6,936 7,320 13,982 7,808

Gain/(Loss) on sale of non-current 1 (11) (14) (8) 2 (9) 12 (56) (193) (33)assets

NET COST OF SERVICES 11,784 10,453 (449) (308) 30,648 22,099 58,323 56,213 114,610 87,764

Government Contributions ** 0 0 0 0 0 0 0 0 0 0

NET REVENUE/(EXPENDITURE) (11,784) (10,453) 449 308 (30,648) (22,099) (58,323) (56,213) (114,610) (87,764)Extraordinary items 0 0 0 0 0 0 0 0 0 0NET REVENUE/(EXPENDITURE) (11,784) (10,453) 449 308 (30,648) (22,099) (58,323) (56,213) (114,610) (87,764)FOR THE YEAR

ADMINISTERED EXPENSES &REVENUES

Administered ExpensesTransfer payments 0 0 0 0 0 0 0 0 0 0Other 0 0 0 0 0 0 0 0 0 0

Total Administered Expenses 0 0 0 0 0 0 0 0 0 0

Administered RevenuesTransfer receipts 0 0 0 0 0 0 0 0 0 0Consolidated Fund – taxes, fees and fines 0 0 0 0 20,096 13,993 853 415 0 0Consolidated Fund – Other 0 0 0 0 0 0 0 0 0 0

Total Administered Revenues 0 0 0 0 20,096 13,993 853 415 0 0

Administered Revenues less Expenses 0 0 0 0 20,096 13,993 853 415 0 0

Consolidated Program Statement Expenses and Revenue (cont’d)for the Year Ended 30 June 2001

* The name and purpose of each program is summarised in Note 9.

** Appropriations are made on an agency basis and not to individual programs. Consequently, Government contributions must

be included in the “Not Attributable” column.

Supplementary Financial Statements



87

Program 6* Program 7* Program 8* Program 9* Program 10*30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00

Expenses $000 $000 $000 $000 $000 $000 $000 $000 $000 $000Operating Expenses

Empoyee related 31,254 29,418 31,291 29,672 81,058 76,165 5,345 5,234 11,288 10,942Other operating expenses 6,293 6,003 6,057 5,163 20,693 22,607 941 913 4,104 4,052

Maintenance 2,044 818 1,179 706 7,688 3,331 51 121 347 350Depreciation and amortisation 2,053 2,404 3,260 2,909 10,163 9,137 732 601 977 559Grants and subsidies 19 20 16 16 145 144 3 3 8 8Borrowing costs 9 0 1,061 1,008 32 0 1 0 3 0Other expenses 3,413 3,393 1,132 973 2,379 2,588 0 0 0 0

TOTAL EXPENSES 45,085 42,056 43,996 40,447 122,158 113,972 7,073 6,872 16,727 15,911

Retained RevenueSale of goods and services 28,269 25,803 15,995 13,190 23,813 25,451 1,745 1,998 1,097 799Investment income 68 53 59 44 263 191 10 8 29 21Retained teaxes, fees and fines 0 0 0 0 0 0 0 0 0 0Grants and conributions 11 11 8 9 138 40 1 2 4 4Other revenue 1,262 631 547 682 1,984 2,100 125 125 303 298

TOTAL RETAINED REVENUE 29,610 26,498 16,609 13,925 26,198 27,782 1,881 2,133 1,433 1,122

Gain/(Loss) on sale of non-current 5 (16) 4 (15) 14 (92) 1 (3) (2) (7)assets

NET COST OF SERVICES 15,470 15,574 27,383 26,537 95,946 86,282 5,191 4,742 15,296 14,796

Government Contributions** 0 0 0 0 0 0 0 0 0 0

NET REVENUE/(EXPENDITURE) (15,470) (15,574 (27,383) (26,537) (95,946) (86,282) (5,191) (4,742) (15,296) (14,796)Extraordinary items 0 0 0 0 0 0 0 0 0 0NET REVENUE/(EXPENDITURE) (15,470) (15,574) (27,383) (26,537) (95,946) (86,282) (5,191) (4,742) (15,296) (14,796)FOR THE YEAR


Administered ExpensesTransfer payments 0 0 0 0 0 0 0 0 0 0Other 0 0 0 0 0 0 0 0 0 0

Total Administered Expenses 0 0 0 0 0 0 0 0 0 0

Administered RevenuesTransfer receipts 0 0 0 0 0 0 0 0 0 0Consolidated Fund – taxes, fees and fines 12 27 107 86 68,452 55,483 898 675 1,474 1,897Consolidated Fund – Other 0 0 0 0 0 0 0 0 0 0

Total Administered Revenues 12 27 107 86 68,452 55,483 898 675 1,474 1,897

Administered Revenues less Expenses 12 27 107 86 68,452 55,483 898 675 1,474 1,897

Consolidated Program Statement Expenses and Revenue (cont’d)for the Year Ended 30 June 2001







88

Program 11* Former Program 4* Program 12* Program 13* Not Attributable Total30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00 30/6/01 30/6/00

Expenses $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000Operating Expenses

Empoyee related 16,316 14,316 0 1,079 20,405 11,305 21,393 15,631 0 0 288,725 262,517Other operating expenses 7,728 7,173 0 369 7,976 6,706 5,166 5,295 0 0 94,626 86,331Maintenance 233 168 0 33 267 169 563 291 0 0 14,605 9,368Depreciation and amortisation 304 321 0 31 1,513 1,307 810 1,280 0 0 25,810 23,104Grants and subsidies 0 0 0 1 0 0 0 0 0 0 2,841 1,987Borrowing costs 2,451 2,339 0 0 143 0 0 0 0 0 3,730 3,347Other expenses 0 0 0 4,300 10,660 14,149 33 1 0 0 142,563 115,702

TOTAL EXPENSES 27,032 24,317 0 5,813 40,964 33,636 27,965 22,498 0 0 572,900 502,356

Retained RevenueSale of goods and services 1,203 1,098 0 2 29,115 30,203 9,908 10,074 0 0 117,422 115,063Investment income 0 0 0 2 577 553 355 320 0 0 1,633 1,381Retained teaxes, fees and fines 0 0 0 0 0 0 0 0 0 0 12,536 6,165Grants and conributions 25,483 23,222 0 0 0 0 0 0 0 0 28,345 25,830Other revenue 793 938 0 15 310 209 12,540 13,088 0 0 23,255 23,475

TOTAL RETAINED REVENUE 27,479 25,258 0 19 30,002 30,965 22,803 23,482 0 0 183,191 171,914

Gain/(Loss) on sale of non-current (2) (15) 0 (1) (28) (42) (9) (14) 0 0 (209) (322)assets

NET COST OF SERVICES (445) (926) 0 5,795 10,990 2,713 5,171 (970) 0 0 389,918 330,764

Government Contributions** 0 0 0 0 0 0 0 0 375,451 355,573 375,451 355,573

NET REVENUE/(EXPENDITURE) 445 926 0 (5,795) (10,990) (2,713) (5,171) 970 375,451 355,573 (14,467) 24,809Extraordinary items 0 0 0 0 0 0 0 0 0 0 0 0NET REVENUE/(EXPENDITURE) 445 926 0 (5,795) (10,990) (2,713) (5,171) 970 375,451 355,573 (14,467) 24,809FOR THE YEAR


Administered ExpensesTransfer payments 0 0 0 0 0 0 0 0 0 0 0 0Other 0 0 0 0 0 0 0 0 0 0 0 0

Total Administered Expenses 0 0 0 0 0 0 0 0 0 0 0 0

Administered RevenuesTransfer receipts 0 0 0 0 0 0 0 0 0 0 0 0Consolidated Fund – taxes, fees and fines 0 0 0 0 0 0 0 0 0 0 91,892 72,576Consolidated Fund – Other 0 0 0 0 0 0 0 0 0 0 0 0

Total Administered Revenues 0 0 0 0 0 0 0 0 0 0 91,892 72,576

Administered Revenues less Expenses 0 0 0 0 0 0 0 0 0 0 91,892 72,576

Consolidated Program Statement Expenses and Revenuefor the Year Ended 30 June 2001





2001 2000

Recurrent Expenditure/ Capital Expenditure/ Recurrent Expenditure/ Capital Expenditure/Appropriation Net Claim on Appropriation Net Claim on Appropriation Net Claim on Appropriation Net Claim on

Consol. Fund Consol. Fund Consol. Fund Consol. Fund$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

ORIGINAL BUDGET APPROPRIATION/EXPENDITURE

• Appropriation Act 319,514 308,748 31,350 26,591 295,075 292,032 24,679 23,299

• Additional 0 0 0 0 0 0 0 0Appropriations

• S21A PF & AA – 0 0 0 0 0 0 0 0special appropriation

• S24 PF & AA – transfers 385 126 0 0 (500) 0 0 0of functions between departments

• S26 PF & AA 0 0 0 0 0 0 0 0 Commonwealth Specific Purpose Payments

Total 319,899 308,874 31,350 26,591 294,575 292,032 24,679 23,299

OTHER APPROPRIATIONS/EXPENDITURE

• Treasurer's Advance 5,257 3,031 1,500 1,500 706 252 0 0

• Section 22 – 0 0 0 0 10,901 6,020 1,000 985expenditure for certain works and services

• Transfers from another 1,625 1,625 0 0 0 0 0 0 Agency (section 26 of the Appropriation Act)

• Transfers to another (982) 0 0 0 (250) 0 0 0 Agency (section 26 of the Appropriation Act)

Total 5,900 4,656 1,500 1,500 11,357 6,272 1,000 985

Total Appropriation/ 325,799 313,530 32,850 28,091 305,932 298,304 25,679 24,284Expenditure/Net Claimon Consolidated Fund (incl. transfer payments)

Amount drawn down 316,361 28,150 298,747 24,284against Appropriation

Liability to Consolidated 2,831 59 443Fund

The Summary of Compliance is based on the assumption that Consolidated Fund moneys are spent first (except where

otherwise identified or prescribed).

The Liability to Consolidated Fund represents the difference between the “Amount drawn down against Appropriation” and the

“Total Expenditure/Net Claim on Consolidated Fund”.



89

Consolidated Summary of Compliance with Financial Directivesfor the Year Ended 30 June 2001


1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

(a) Reporting Entity

The Attorney General’s Department, as a reporting entity,

comprises all the entities under its control being the

Attorney General’s Department – Government (Non

Commercial) Services, the Office of the Protective

Commissioner and Public Guardian, and the Department’s

commercial activities, namely the Crown Solicitor’s Office

and the Registry of Births, Deaths and Marriages.

In the process of preparing the consolidated financial

statements for the economic entity consisting of the

controlling and controlled entities, all inter-entity

transactions and balances have been eliminated.

The reporting entity is consolidated as part of the

NSW Total State sector and as part of the NSW

Public Accounts.

(b) Basis of Accounting

The Department’s financial statements are a general

purpose financial report which has been prepared on

an accruals basis and in accordance with:

• applicable Australian Accounting Standards;

• other authoritative pronouncements of the Australian

Accounting Standards Board (AASB);

• Urgent Issues Group (UIG) Consensus Views;

• the requirements of the Public Finance and Audit

Act and Regulations; and

• the Financial Reporting Directions published in the

Financial Reporting Code for Budget Dependent

General Government Sector Agencies or issued by

the Treasurer under section 9(2)(n) of the Act.

Where there are inconsistencies between the above

requirements, the legislative provisions have prevailed.

In the absence of a specific Accounting Standard, other

authoritative pronouncement of the AASB or UIG

Consensus View, the hierarchy of other pronouncements

as outlined in AAS6 “Accounting Policies” is considered.

Except for certain holdings of land and buildings, which

are recorded at valuation, the financial statements are

prepared in accordance with the historical cost

convention. All amounts are rounded to the nearest one

thousand dollars and are expressed in Australian currency.

As in previous years, the operations of the

Administration Fund of the Office of the Protective

Commissioner and Public Guardian are included in

the Consolidation, but the funds and operations forming

the Common Fund which are owned solely by clients of

the Office of the Protective Commissioner have not

been included.

(c) Administered Activities

The Department administers, but does not control,

certain activities on behalf of the Crown Entity. It is

accountable for the transactions relating to those

administered activities but does not have the discretion,

for example, to deploy the resources for the

achievement of the Department’s own objectives.

Transactions and balances relating to the administered

activities are not recognised as the Department’s

revenues, expenses, assets and liabilities, but are

disclosed in the accompanying schedules as

“Administered Revenues” and “Administered Assets”.

The accrual basis of accounting and all applicable

accounting standards have been adopted for the

reporting of the administered activities.

(d) Revenue Recognition

Revenue is recognised when the Department has control

of the good or right to receive, it is probable that the

economic benefits will flow to the Department and the

amount of revenue can be measured reliably. Additional

comments regarding the accounting policies for the

recognition of revenue are discussed below.

(i) Parliamentary Appropriations and Contributions

from Other Bodies

Parliamentary appropriations and contributions

from other bodies (including grants and donations)

are generally recognised as revenues when the

Department obtains control over the assets

comprising the appropriations/contributions.

Control over appropriations and contributions is

normally obtained upon the receipt of cash.

An exception to the above is when appropriations

are unspent at year end. In this case, the authority

to spend the money lapses and generally the

unspent amount must be repaid to the

Consolidated Fund in the following financial year.

As a result, unspent appropriations are now

accounted for as liabilities rather than revenue.

The liability is disclosed in Note 16 as part of

“Other Current Liabilities”. The amount will be

repaid and the liability will be extinguished next

financial year.

(ii) Sale of Goods and Services

Revenue from the sale of goods and services

comprises revenue from the provision of products

or services ie user charges. User charges are



90

Notes to and Forming Part of the Consolidated Financial Statements for the Year Ended 30 June 2001


91Attorney General’s Department of NSW Annual Report 2000-2001

recognised as revenue when the agency obtains

control of the assets that result from them.

(iii) Investment Income

Investment income comprises interest income and

is recognised as it accrues.

(iv) Retained Fees

Retained fees comprise monies due from

individuals relating to matters dealt with by the

Victims Compensation Tribunal, monies due from

the confiscation of crime proceeds and levies raised

by the Courts on perpetrators of acts of violence.

The revenue is recognised when restitution orders

are made or confirmed by the Tribunal or when

payment arrangements between the Director or

Registrar and defendants are entered into.

(v) Grants and Contributions

Grants and contributions comprise monies received

from outside entities, including budget sector

agencies, relating to specific services provided by

the Department. These monies are recognised on

an accrual basis.

(vi) Other Revenue

Other revenue comprises monies received from

outside entities not categorised in the revenue

headings mentioned above. The revenue is

recognised when the fee in respect of services

provided is receivable.

(e) Employee Entitlements

(i) Wages and Salaries, Annual Leave, Sick Leave

and On-Costs

Liabilities for wages and salaries and annual leave

are recognised and measured as the amount

unpaid at the reporting date at current pay rates in

respect of employees’ services up to that date.

Unused non-vesting sick leave does not give rise to

a liability as it is not considered probable that sick

leave taken in the future will be greater than the

entitlements accrued in the future.

The outstanding amounts of payroll tax, workers’

compensation insurance premiums and fringe

benefits tax, which are consequential to

employment, are recognised as liabilities and

expenses where the employee entitlements to

which they relate have been recognised.

(ii) Long Service Leave and Superannuation

The Department’s liabilities for long service leave

and superannuation are assumed by the Crown

Entity (with the exception of the Compensation

Court, the costs of which are recouped from the

WorkCover Authority; the Crown Solicitor’s Office,

the Office of the Protective Commissioner and

Public Guardian, the Registry of Births, Deaths and

Marriages, the Legal Services Tribunal, Legal

Professional Advisory Council and the Office of the

Legal Services Commissioner which are not funded

from the Consolidated Fund). The Department

accounts for the liability as having been

extinguished resulting in the amount assumed

being shown as part of the non-monetary revenue

item described as “Acceptance by the Crown Entity

of Employee Entitlements and Other Liabilities”.

Long service leave is measured on a nominal basis.

The nominal method is based on remuneration

rates at year end for all employees with five or

more years of service. It is considered that this

measurement technique produces results not

materially different from the estimate determined

by using the present value basis of measurement.

The Crown Solicitor’s Office, the Registry of Births,

Deaths and Marriages and the Compensation Court

contribute to the New South Wales Non Budget Long

Service Leave Pool Account held by Treasury. The

Treasury “pool” account administers the Long Service

Leave Provision for agencies and commercial activities

whose liabilities were previously assumed by the

Crown Entity due to their being part of the Budget

Sector. Contributions made to Treasury are included in

Salaries and Related Expenses. In accordance with

AAS30 “Accounting for Employee Entitlements” and

Treasury Circular 95/10 the total liability has been

recognised as a provision and an offsetting asset has

been recognised as “Receivables – long service

leave”. The nominal valuation method has been used

to assess the liability because it would not result in

material variance to the present value method.

Oncosts have been applied in calculating the liability.

The superannuation expense for the financial year

is determined by using the formula specified in the

Treasurer’s Directions. The expense for certain

superannuation schemes (i.e. Basic Benefit and

First State Super) is calculated as a percentage of

the employees’ salary. For other superannuation

schemes (ie State Superannuation Scheme and

State Authorities Superannuation Scheme), the

expense is calculated as a multiple of the

employees’ superannuation contributions.

(f) Borrowing costs

Borrowing costs are recognised as expenses in the

period in which they are incurred.


(g) Insurance

The Department’s insurance activities are conducted

through the NSW Treasury Managed Fund Scheme of

self insurance for Government agencies. The expense

(premium) is determined by the Fund Manager based

on past experience.

(h) Accounting for the Goods and Services Tax (GST)

Revenues, expenses and assets are recognised net of

the amount of GST, except:

• the amount of GST incurred by the Department as a

purchaser that is not recoverable from the Australian

Taxation Office is recognised as part of the cost of

acquisition of an asset or as part of an item of expense.

• receivables and payables are stated with the amount

of GST included.

(i) Acquisitions of Assets

The cost method of accounting is used for the initial

recording of all acquisitions of assets controlled by the

Department. Cost is determined as the fair value of the

assets given as consideration plus the costs incidental to

the acquisition.

Assets acquired at no cost, or for nominal consideration,

are initially recognised as assets and revenues at their fair

value at the date of acquisition.

Fair value means the amount for which an asset

could be exchanged between a knowledgeable, willing

buyer and a knowledgeable, willing seller in an arm’s

length transaction.

(j) Plant and Equipment

Plant and equipment costing $3,000 and above

individually are capitalised.

(k) Revaluation of Physical Non-Current Assets

Buildings and improvements are valued based on the

estimated written down replacement cost of the most

appropriate modern equivalent replacement facility

having a similar service potential to the existing asset.

Land is valued on an existing use basis, subject to any

restrictions or enhancements since acquisition.

Land and buildings are revalued every 5 years. As a

result of the size and nature of the Department’s assets

this revaluation was conducted over a 3 year period. The

last such revaluation was completed on 31 May 1999.

In accordance with Treasury policy, the agency has

applied the AAS38 “Revaluation of Non-Current Assets”

transitional provisions for the public sector and has

elected to apply the same revaluation basis as the

preceding reporting period, while the relationship

between fair value and the existing valuation basis in

the NSW public sector is further examined. It is

expected, however, that in most instances the current

valuation methodology will approximate fair value.

When revaluing non-current assets by reference to

current prices for assets newer than those being

revalued (adjusted to reflect the present condition

of the assets), the gross amount and the related

accumulated depreciation is separately restated.

Conversely, where assets are revalued to market

value and not by reference to current prices for assets

newer than those being revalued, any balances of

accumulated depreciation existing at the revaluation

date in respect of those assets are credited to the asset

accounts to which they relate. The net asset accounts

are increased or decreased by the revaluation

increments or decrements.

The recoverable amount test has not been applied as

the Department is a not-for-profit entity whose service

potential is not related to the ability to generate net

cash inflows.

Revaluation increments are credited directly to the

asset revaluation reserve, except that, to the extent

that an increment reverses a revaluation decrement in

respect of that class of asset previously recognised as

an expense in the surplus/deficit, the increment is

recognised immediately as revenue in the

surplus/deficit.

Revaluation decrements are recognised immediately

as expenses in the surplus/deficit, except that, to

the extent that a credit balance exists in the asset

revaluation reserve in respect of the same class of

assets, they are debited directly to the asset

revaluation reserve.

Revaluation increments and decrements are offset

against one another within a class of non-current

assets, but not otherwise.

(l) Depreciation/Amortisation of Non-Current Physical Assets

Depreciation and amortisation are provided for on a

straight line basis for all depreciable assets so as to

write off the depreciable amount of each asset as it is

consumed over its useful life to the Department. Land

is not a depreciable asset.

All material separately identifiable component assets

are recognised and depreciated over their shorter useful

lives, including those components that in effect

represent major periodic maintenance.

The depreciation/amortisation rates used for each class

of assets are as follows:-


Financial Statements Attorney General’s Department

92




93

• Buildings Estimated useful life

• Computer equipment 25%

• Furniture and fittings 10%

• Plant and equipment 20%

• Leasehold improvements 10%

• Software 25%

• Air conditioning 6.67%

• Voice communications 20%

• Data communications 25%

• Finance lease 4%

(m) Maintenance and Repairs

The costs of maintenance are charged as expenses as

incurred, except where they relate to the replacement of

a component of an asset, in which case the costs are

capitalised and depreciated.

(n) Lease Incentives

Lease incentives are recognised initially as liabilities

and then reduced progressively over the term of the

leases. The amount by which the liability is reduced on

a pro-rata basis is credited against the total lease

payment. Lease incentives include, but are not limited

to, up-front cash payments to lessees, rent free periods

or contributions to certain lessee costs such as the

costs of relocating to the premises.

(o) Leased Assets

A distinction is made between finance leases which

effectively transfer from the lessor to the lessee

substantially all the risks and benefits incidental to

ownership of the leased assets, and operating leases

under which the lessor effectively retains all such risks

and benefits.

When a non-current asset is acquired by means of a

finance lease, the asset is recognised at its fair value at

the inception of the lease. The corresponding liability is

established at the same amount. Lease payments are

allocated between the principal component and the

interest expense.

Operating lease payments are charged to the Statement

of Financial Performance in the periods in which they

are incurred.

(p) Receivables

Trade debtors are required to settle within legislated

or agreed terms. A provision is made for any doubtful

debts based on a review of overdue amounts.

Bad debts are written-off in the period they are

identified. The Department considers that the carrying

amounts of trade debtors approximate their net

fair value.

(q) Financial Instruments

Financial instruments give rise to positions that are

a financial asset of the Department and a financial

liability (or equity instrument) of the other party. For the

Department these include cash, receivables, accounts

payable, dividends payable and borrowings.

In accordance with AAS 33 “Presentation and

Disclosure of Financial Instruments”, information is

disclosed in Note 22 in respect of the credit risk and

interest rate risk of financial instruments. All such

amounts are carried in the accounts at net fair value.

Classes of instruments recorded at cost comprise:-

• cash

• receivables

• payables

• dividends payable

• interest bearing liabilities

All financial instruments including revenue, expenses

or other cash flows arising from instruments are

recognised on an accrual basis.

(r) Trust Funds

The Department receives monies in a trustee capacity

for various trusts as set out in note 23. As the

Department performs only a custodial role in respect

of these monies, and because the monies cannot be

used for the achievement of the Department’s own

objectives, they are not brought to account in the

financial statements.

(s) Payables

Accounts payable including accruals not yet billed are

recognised when the Department becomes obliged to

make future payments as a result of a purchase of

goods or services. Accounts payable are generally

settled within agreed traders’ terms. The Department

considers the carrying amount of trade and other

accounts payable approximate their net fair value.

(t) Interest Bearing Liabilities

All loans are valued at current capital value. The

finance lease liability is determined in accordance

with AAS 17 “Leases”.

(u) Reclassification of Financial Information

As a result of applying AAS 1 “Statement of Financial

Performance” and AAS 36 “Statement of Financial

Position”, the format of the Statement of Financial

Performance (previously referred to as the Operating

Statement) and the Statement of Financial Position has

been amended. As a result of applying these

Accounting Standards, a number of comparative


amounts were represented or reclassified to ensure

comparability with the current reporting period.

(v) Budgeted Amounts

The budgeted amounts are drawn from the budgets as

formulated at the beginning of the financial year and

with any adjustments for the effects of additional

appropriations, s 21A, s 24 and/or s 26 of the Public

Finance and Audit Act, 1983.

The budgeted amounts in the Statement of Financial

Performance and the Statement of Cash Flows are

generally based on the amounts disclosed in the NSW

Budget Papers (as adjusted above). However, in the

Statement of Financial Position, the amounts vary from

the Budget Papers, as the opening balances of the

budgeted amounts are based on carried forward actual

amounts i.e. per the audited financial statements

(rather than carried forward estimates).

(w) Special Deposits Account

The Department operates the Special Deposits Account

of the Compensation Court within the Department’s

operating account.

The details are:

2001 2000$’000 $’000

Opening cash balance 665 1,585

Receipts 21,500 19,200

Payments (22,562) (20,120)

Closing cash balance (397) 665

The balance of the Special Deposit Account of the

Compensation Court at 30 June 2001 was $(0.397)

million, ($0.665 million at 30 June 2000). Transactions

of the Special Deposit Account of the Compensation

Court are recognised in relevant amounts recorded in

these financial statements.

Division 3 of Part 3 of the Public Finance and Audit

Act 1983 places an obligation on statutory bodies to

prepare financial statements and have them audited.

Recently, some have suggested that the definition of

statutory body within this Division of the Act may require

the preparation of a separate financial report and the

undertaking of a separate audit for each account within

the special deposits account. This would mean financial

statements of the Special Deposits Account of the

Compensation Court would need to be prepared separate

from those of the Department. Others consider that this

interpretation was never the intention of Parliament.

The Department has not been able to identify potential

users of a separate financial report for the Special

Deposits Account of the Compensation Court. Given this,

the Department cannot justify the additional time and

cost necessary to prepare a separate financial report.

(x) Separate Bank Account for Trust Funds

The Compensation Court Act, 1984, requires that trust

funds should be held separate from other operating

funds of the agency. The Department has not kept a

separate bank account in respect of the Special

Deposits Account of the Compensation Court.

(y) 2000 Sydney Olympic Games and Paralympic Games

– Staff Costs

Staff employed on initiatives directly and specifically

related to the Games

210 staff (equivalent full-time staff)

(0 in 1999/2000);

Total staff costs – $0.987 million

($0.00 million in 1999/2000).

Staff seconded to other agencies on initiatives directly

and specifically related to the Games


(0 in 1999/2000);


($0.00 million in 1999/2000).



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95

Parent Consolidated

Actual Actual Actual Actual2001 2000 2001 2000$000 $000 $000 $000

2. EXPENSES

(a) Employee related expenses comprisethe following specific items:

190,091 182,350 Salaries and wages (including recreation leave) 221,017 214,059

28,665 24,588 Superannuation 36,352 16,623

10,063 10,072 Long service leave 10,918 10,924

1,916 2,783 Workers compensation insurance 2,209 3,064

15,804 15,370 Payroll tax and fringe benefits tax 17,841 17,427

388 420 Other – redundancy payments 388 420

246,927 235,583 288,725 262,517

(b) Other operating expenses

457 222 Advertising & publicity 836 399

262 257 Auditor's remuneration 441 438

– audit of the financial report

282 562 Audit – Internal 361 747

1,250 4,010 Bad and doubtful debts (refer Note 6) 1,297 4,022

2,707 2,690 Electricity 2,878 2,840

24,882 19,412 Fees and consultancies 28,154 21,666

2,910 2,577 General expenses 3,652 3,405

874 763 Insurance 922 789

4,518 4,056 Motor vehicles 4,778 4,341

9,375 9,045 Postage & telephones 10,956 10,436

1,713 1,544 Printing 2,456 2,282

3,118 3,209 Publications 3,234 3,446

4,859 4,802 Rates 4,960 4,929

10,164 8,800 Operating lease rental expense – minimum lease payments 14,651 13,014

4,693 3,650 Stores 5,150 4,590

2,195 2,197 Transcription services 2,195 2,200

228 218 Translations 240 240

7,286 6,346 Travel 7,465 6,547

81,773 74,360 94,626 86,331

(c) Maintenance

13,022 8,905 Repairs and routine maintenance 13,851 9,368

Department of Public Works & Services:

754 0 Heritage Program Services 754 0

13,776 8,905 14,605 9,368


Parent Consolidated


2. EXPENSES (CONT’D)

(d) Depreciation and amortisation expense

Depreciation

4,714 3,829 Buildings 4,714 3,829

6,383 5,404 Computer equipment 7,588 7,194

3,937 3,765 Furniture and fittings 4,052 3,800

3,091 3,095 Plant and equipment 3,172 3,249

569 365 Leasehold improvements 1,007 789

2,203 1,539 Software 2,683 1,720

512 441 Air conditioning 515 444

21,409 18,438 23,731 21,025

2,079 2,079 Amortisation – finance lease 2,079 2,079

23,488 20,517 25,810 23,104

(e) Grants and subsidies

1,418 935 Safer Communities Development Program 1,418 935

87 88 Commercial Disputes Centre 87 88

45 45 Criminology Research Council 45 45

57 57 Australian Institute of Judicial Administration 57 57

0 90 Rural Crisis Intervention Program 0 90

753 376 Graffiti Solutions 753 376

44 42 State Community Education Grant 44 42

8 73 Coroner's Information System 8 73

0 23 Aboriginal Night Patrols 0 23

429 258 Grants to other organisations 429 258

2,841 1,987 2,841 1,987

(f) Borrowing costs

3,506 3,347 Finance lease interest charge 3,506 3,347

80 0 Other 224 0

3,586 3,347 3,730 3,347

(g) Other expenses

89,976 79,683 Victims compensation 89,976 79,683

22,118 0 Victims Compensation Fund debtor 22,118 0

revaluation adjustment (refer Note 6)

25 21 Witness expenses 25 21

21 21 Public Trustee (Dormant Funds) 21 21

34 29 Ex-gratia payments 34 29

11,806 14,345 Crown Solicitor’s fees 0 0

3,402 3,367 Contribution to Law Courts 3,402 3,367

1,662 1,598 Arbitration fees 1,662 1,598



96




97

Parent Consolidated


2. EXPENSES (CONT’D)

(g) Other expenses cont’d

0 95 Legal costs 10,660 14,245

746 879 Costs in criminal cases 746 879

1,829 1,969 Inquest & post mortem fees 1,829 1,969

7,340 7,751 Jurors fees & costs 7,340 7,751

1,058 1,003 Costs awarded against the Crown 1,058 1,003

428 700 Claims under Suitors' Fund Act 428 700

3 105 Other services 3 105

3,013 4,146 Glenbrook Train Disaster Inquiry 3,013 4,146

212 134 Gretley Mine Inquiry 212 134

3 51 Legal Assistance 36 51

143,676 115,897 142,563 115,702

3. REVENUES

(a) Sale of goods and services

Sale of goods

3,980 4,102 Sale of transcripts 3,980 4,102

212 190 Sale of publications 212 190

4,192 4,292 4,192 4,292

Rendering of services

0 0 Crown Solicitor's Office fees 15,807 17,353

376 370 Certificates 13,684 13,220

0 0 Office of the Protective 9,272 9,326

Commissioner and Public Guardian

1,221 1,021 Management fees 22 22

19 68 State Debt Recovery Office 19 68

648 396 Rents received 648 396

26,927 24,430 Supreme Court fees 26,927 24,430

1,631 1,940 Land & Environment Court fees 1,631 1,940

13,358 11,027 District Court fees 13,358 11,027

20,843 22,528 Local Court fees 20,840 22,528

510 257 Industrial Court fees 510 257

654 450 Compensation Court & Dust Diseases Tribunal fees 654 450

1,651 1,210 Arbitration fees 1,651 1,210

1,545 1,597 Family Law Courts fees 1,545 1,597

4,894 5,225 Sheriff's fees 4,894 5,225

1,130 974 Other fees 1,768 1,722

75,407 71,493 113,230 110,771

79,599 75,785 117,422 115,063


Rendering of services for the Department consists largely of amounts for court fees, fees for the Crown Solicitor’s Office,

amounts raised from certificate production by the Registry of Births, Deaths and Marriages and fees relating to the Office of

the Protective Commissioner.

The above revenue includes a credit adjustment relating to the provision for doubtful debts of $1.424 million ($0.00 million

in 1999/2000).

Parent Consolidated


3. REVENUES (CONT’D)

(b) Investment income

701 507 Interest 1,633 1,381

(c) Retained fees

9,891 3,268 Restitution orders raised (refer Note 6) 9,891 3,268

288 792 Confiscation proceeds of crime 288 792

2,357 2,105 Victims compensation levies 2,357 2,105

12,536 6,165 12,536 6,165

(d) Grants and contributions

2,140 1,886 Grants from budget sector agencies 2,140 1,886

60 65 Grants from other agencies 60 65

662 658 Grants from Commonwealth 662 658

2,921 3,102 Contribution from Dust Diseases Board 2,921 3,102

22,562 20,119 Contribution from WorkCover Authority 22,562 20,119

28,345 25,830 28,345 25,830

(e) Other revenue

1,310 1,407 Services provided 1,305 1,407

68 75 Payroll commission 68 75

0 0 Common Fund transfer 12,000 13,000

653 756 Photocopy revenue 653 756

3,208 2,778 Recoupable charges 3,208 2,778

2,939 2,971 SES & judicial motor vehicle contracts 2,939 2,971

36 54 Public telephones 36 54

2,191 2,136 Other 3,046 2,434

10,405 10,177 23,255 23,475

4. GAIN/(LOSS) ON DISPOSAL OF NON-CURRENT ASSETS

Loss on disposal of land and buildings, plant and equipment

183 72 Proceeds from sale 185 91

356 338 Less: written down value of assets disposed 394 413

Net loss on disposal of property, plant (173) (266) and equipment (209) (322)



98




99

Parent Consolidated


5. APPROPRIATIONS

Recurrent appropriations

316,361 298,747 Total recurrent drawdowns from Treasury 316,361 298,747(per Summary of Compliance)

0 (1,388) Less: Repayment to Consolidated Fund 0 (1,388)– Lapsed Appropriation

(2,831) (443) Less: Liability to Consolidated Fund (2,831) (443)(per Summary of Compliance)

313,530 296,916 Total 313,530 296,916

Comprising:

308,447 291,962 Recurrent appropriations 313,530 296,916(per Statement of Financial Performance)

5,083 4,954 Transfer payments (refer Note 8) 0 0

313,530 296,916 Total 313,530 296,916

Capital appropriations

28,150 24,284 Total capital drawdowns from Treasury 28,150 24,284(per Summary of Compliance)

(59) 0 Less: Liability to Consolidated Fund (59) 0(per Summary of Compliance)

28,091 24,284 Total 28,091 24,284

Comprising:

25,266 24,284 Capital appropriations (per Statement of Financial Performance) 25,266 24,284

2,825 0 Transfer payments (refer Note 8) 2,825 0

28,091 24,284 Total 28,091 24,284

6. INDIVIDUALLY SIGNIFICANT ITEMS

22,118 0 Attorney General's Department 22,118 0

0 0 Registry of Births, Deaths and Marriages 1,304 (2,246)

0 0 Crown Solicitor's Office 2,270 (4,417)

0 0 Office of the Protective Commissioner 1,886 0and Public Guardian

22,118 0 27,578 (6,663)

Attorney General's Department

Revaluation of Victims Compensation Fund Debtors

In accordance with the change of accounting policy that came into effect in 2000, the Department accounts only for those

debtors in the financial statements where there is a probable future economic benefit to the Department.

During the year ended 30 June 2001, further changes were made in regards to the recognition of Victims Compensation Fund

debtors. Up until the 30 June 2000 a large proportion of debts raised by the Victims Compensation Tribunal related to “No-Response

Orders”. These Orders were made where defendants failed to respond to a Notice of Provisional Order for Restitution (or Notice of

Intention to Show Cause under old legislation) and were subsequently referred to the State Debt Recovery Office for enforcement

action. However, due to the nature of the debtors involved the level of recovery of these debts has historically been minimal.


As a result Victims Services no longer raises a Notice of Provisional Order for Restitution for such debts. This change in

process is consistent with the revised accounting policy. Consequently, the following adjustments have occurred resulting

in a net reduction of $16.517 million:-

(1) Victims Compensation debtor revaluation adjustment of $22.118 million shown in Note 2(g) “Other expenses”;

(2) Victims Compensation debtor accrual income of $6.365 million shown in revenue Note 3(c) “Retained fees”; and

(3) A write-off of Victims Compensation debts as approved by the Attorney General, of which $764K is shown in Note 2(b)

“Other operating expenses” as “Bad and doubtful debts”.

Other EntitiesAdjustment to prepaid superannuation balances

The above adjustment in respect of the Registry of Births, Deaths and Marriages, the Crown Solicitor's Office and the Office of

the Protective Commissioner and Public Guardian resulted from an assessment issued by the Superannuation Administration

Corporation as at 30 June 2001 that the Registry of Births, Deaths and Marriages has total prepaid contributions of $3.215

million ($4.519 million in 1999/2000), the Crown Solicitor's Office has total prepaid contributions of $5.956 million ($8.226

million in 1999/2000) and the Office of the Protective Commissioner and Public Guardian has total prepaid contributions of

$4.644 million ($6.530 million in 1999/2000).

Parent Consolidated


7. ACCEPTANCE BY THE CROWN ENTITY OF EMPLOYEE ENTITLEMENTSAND OTHER LIABILITIES

The following liabilities and/or expenseshave been assumed by the Crown Entity

25,761 23,580 Superannuation 25,761 23,580


1,624 1,510 Payroll tax 1,624 1,510

36,655 34,373 36,655 34,373

8. TRANSFER PAYMENTSRecurrent

An amount of $5.083 million ($4.954 million in 1999/2000) was received by the Attorney General’s Department on behalf

of the Office of the Public Guardian from NSW Treasury and forwarded on to the Office (refer Note 5).

Capital

An amount of $2.825 million ($0 million in 1999/2000) was received by the Attorney General’s Department on behalf of

various NSW Government agencies from NSW Treasury in respect of the Cross Justice Agency Video Conferencing Project and

forwarded on to those agencies (refer Note 5).



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101

9. PROGRAM/ACTIVITIES OF THE AGENCY

Program 1 Justice Policy and Planning

Objective(s): To provide an equitable and just legal system for the community.

Program 2 Regulatory Services

Objective(s): To assist the community in NSW to receive professional services that are affordable, accountable

and of a high standard.

Program 3 Legal and Support Services

Objective(s): To provide a range of legal and support services to Government and the community, including legal

representation, debt recovery and legal practice management services. To provide information about the

Department, the Attorney General and the NSW justice system and act as a point of contact for members

of the public who wish to raise questions with the Attorney General.

Program 4 Justice Support Services

Objective(s): To provide services which support the integrity of the justice system.

Program 5 Human Rights Services

Objective(s): To ensure the individual rights of the people of NSW are understood, respected and supported.

Program 6 Supreme Court

Objective(s): To provide a range of appropriate and accessible civil and criminal dispute resolution services which

meet the demands of all clients.

Program 7 District Court

Objective(s): To provide statewide intermediate court services in the State justice system. To provide an independent

centralised listing service for criminal proceedings in higher courts.

Program 8 Local Courts

Objective(s): To provide lower or magistrate court services in the State justice system.

Program 9 Land and Environment Court

Objective(s): To provide superior court services in the State justice system in respect of local government appeals,

land valuation and environment matters.

Program 10 Industrial Relations Commission

Objective(s): To provide court and dispute resolution services concerning industrial matters and to make and vary

industrial awards upon application.

Program 11 Compensation Court

Objective(s): To achieve the earliest possible resolution of disputes through the provision of appropriate services in the

Compensation Court. To facilitate the prompt resolution of dust diseases claims.

Former

Program 4 Information and Management Services

Objective(s): This program ceased at the end of 1999/2000. As a result there are no figures for 2000/2001.

The following two Departmental activities represent the controlled entities of the Department:

Program 12 Commercial Services

Include(s): Registry of Births, Deaths and Marriages and the Crown Solicitor’s Office.

Program 13 Guardianship and Management Services

Include(s): The Office of the Protective Commissioner and Public Guardian.


Parent Consolidated


10. CURRENT ASSETS – CASH

2,671 3,074 Cash at bank and on hand 8,221 10,785

0 0 TCorp Hour Glass Facilities 4,661 4,399

0 0 Deposits at call 4,893 6,815

2,671 3,074 17,775 21,999

For the purposes of the Statements of Cash Flows cash includes cash at bank (including bank overdraft) and on hand,

deposits at call and TCorp Hour Glass facilities.

Cash includes investments in TCorp's Hour Glass Investment facilities. These investments are represented by a number of

units in managed investments within the facilities. Each facility has different investment horizons and comprises a mix of

asset classes appropriate to that investment horizon. TCorp appoints and monitors fund managers and establishes and

monitors the application of appropriate investment guidelines.

These investments are generally due to be redeemed with up to five business days notice (dependent upon the facility). The

value of the investments held can decrease as well as increase depending upon market conditions. The value that best

represents the maximum credit risk exposure is the net fair value. The value of the above investments represents the relevant

entity’s share of the value of the underlying assets of the facility and is stated at net fair value.

Deposits on call include investments and operating accounts held by the Office of the Protective Commissioner and Public

Guardian within the Common Fund which is administered by the Office.

Cash at the end of the financial year as shown in the Statements of Cash Flows is reconciled to the related items in the

Statements of Financial Position as follows:-

2,671 3,074 Cash (per Statement of Financial Position) 17,775 21,999

0 0 Bank Overdraft (refer Note 14) (253) 0

Closing Cash and Cash Equivalents 2,671 3,074 (per Statement of Cash Flow) 17,522 21,999

11. CURRENT/NON-CURRENT ASSETS– RECEIVABLES

Current

52,666 49,282 Sale of goods and services (a) 61,376 57,213

Retained fees

3,500 4,400 Victims Compensation Fund (b) 3,500 4,400

Other debtors

320 256 Interest receivable 516 411

512 1,110 Rent prepayment 574 1,205

372 235 Long service leave 814 822

2,459 1,878 Other 3,360 2,229

59,829 57,161 70,140 66,280

(36,317) (37,261) Less: Provision for doubtful debts (36,389) (37,287)

23,512 19,900 33,751 28,993



102




103

Parent Consolidated


11. CURRENT/NON-CURRENT ASSETS – RECEIVABLES (CONT’D)

Non-Current

Retained fees

25,433 41,050 Victims Compensation Fund (b) 25,433 41,050

184 188 Criminal Injuries Compensation (c) 184 188

25,617 41,238 25,617 41,238

(62) (56) Less: Provision for doubtful debts (62) (56)

25,555 41,182 25,555 41,182

Other debtors

2,474 3,161 Prepayment of employee entitlements (d) 16,290 22,436


32,165 47,929 48,700 70,199

Reconciliation of Movements of Non-Current Receivables

Retained fees

41,182 42,568 Opening balance 41,182 42,568

10,202 5,360 New Debtors 10,202 5,360

(3,841) (6,165) Receipts (3,841) (6,165)

(770) (581) Debts written off (770) (581)

(21,218) 0 Revaluation Adjustment (21,218) 0

25,555 41,182 Closing balance 25,555 41,182

Prepayment of employee entitlements

3,161 2,058 Opening balance 22,436 10,928

(687) 1,103 Adjustment in respect of actuarial valuation (6,146) 11,508

2,474 3,161 Closing balance 16,290 22,436

Long service leave

3,586 3,202 Opening balance 6,581 6,489

(372) (235) Transfer to current receivables (814) (822)

922 619 Increase in liability to be recouped 1,088 914

4,136 3,586 Closing balance 6,855 6,581

(a) Sale of goods and services

Sale of goods and services debtors at the parent level total $52.666 million ($49.282 million in 1999/2000), comprising

debtors from all court jurisdictions (including local courts) and associated entities for debt collection purposes of $49.965

million ($48.030 million in 1999/2000), and sundry debtors of $2.701 million ($1.252 million in 1999/2000). The above

amounts include debtors totalling $33.464 million ($18.717 million in 1999/2000) in respect of matters issued to

enforcement orders by the State Debt Recovery Office, a business centre within the Department, and debtors totalling

$7.751 million ($16.916 million in 1999/2000), relating to matters transferred from the Roads and Traffic Authority NSW

and Warrant Index Unit and not issued to enforcement orders.


Sale of goods and services debtors at the consolidated level also include amounts owing to the Crown Solicitor’s Office of

$8.514 million ($7.836 million in 1999/2000), comprising debtors of $5.002 million and work in progress of $3.512

million and the Registry of Births, Deaths and Marriages of $0.196 million ($0.095 million in 1999/2000). There were no

amounts owing to the Office of the Protective Commissioner and Public Guardian as at 30 June 2001 ($0.000 million in

1999/2000).

Debtors from all court jurisdictions and associated entities for debt collection purposes are based on records maintained

partly manually and partly on computerised systems. The amounts reported have been obtained through sampling,

extrapolation and estimates. It is also considered prudent to make a considerable provision for doubtful debts due to the

nature of the debts and the circumstances of the debtors. Subject to these comments it is however considered that the

amounts appearing as receivables and the provision for doubtful debts are reasonable estimates.

The provision for doubtful debts at the parent level in respect of the debtors above is $36.315 million ($37.257 million in

1999/2000) and $0.002 million ($0.004 million in 1999/2000) for sundry debtors at the parent level. There are provisions

for doubtful debts for the Crown Solicitor’s Office of $0.060 million ($0.014 million in 1999/2000) and the Office of the

Protective Commissioner and Public Guardian of $0.012 million ($0.012 million inclusive in 1999/2000), giving a total

consolidated provision for doubtful debts of $36.389 million ($37.287 million in 1999/2000).

(b) Retained fees – Victims Compensation Fund Debtors

Victims Compensation Fund debtors totalled $28.933 million at 30 June 2001 ($45.450 million in 1999/2000), with

$3.500 million shown as a current receivable ($4.400 million in 1999/2000) and $25.433 million as a non-current

receivable ($41.050 million in 1999/2000). The provision for doubtful debts of $0.062 million ($0.056 million in

1999/2000) relates to Criminal Injuries Compensation debtors.

The Department’s accounting policy has in the past recognised Victims Compensation Fund debtors when restitution orders

are made or confirmed by the Tribunal or when payment arrangements between the Director or Registrar and defendants

are entered into. As only a proportion of the total amount owing can be expected to be recovered due to the nature and

circumstances of the debtors, large provisions for doubtful debts have always been created as a result of this policy.

As a result, from the 2000 financial year onwards, there has been a change of accounting policy to account only for those

debtors in the financial statements where there is a probable future economic benefit to the Department.

As Victims Compensation Fund debtors are only shown in the financial statements where there is a probable future

benefit to the Department, there is no provision for doubtful debts in respect of Victims Compensation Fund debtors as

at 30 June 2001.

Victims Compensation Fund debtors are recognised for accounting purposes when they comply with the asset recognition

provisions of Section 7.1 of Australian Accounting Standard 29, namely:

Parent Consolidated

2001 2000 2001 2000$000 $000 $000 $000

173,419 172,870 Amounts receivable from restitution orders made or confirmed 173,419 172,870by the Victims Compensation Tribunal

less

144,486 127,420 Amounts receivable that do not meet the asset recognition 144,486 127,420criteria under AAS 29

28,933 45,450 Victims Compensation Fund Debtors 28,933 45,450

This is represented by:

3,500 4,400 Current 3,500 4,400

25,433 41,050 Non-Current 25,433 41,050

28,933 45,450 28,933 45,450



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105

Orders are provisionally made when the Director is of the opinion that a person has been convicted of an offence arising from

substantially the same facts as those constituting an act of violence in which an award of compensation has been made

(section 46 of the Victims Support and Rehabilitation Act 1996 (the Act)).

Under the provisions of section 58C of the Act, the Director may seek to restrain the property of a person who is charged

with or convicted of an offence in relation to which an act of violence occurred resulting in an injury to a victim for which

statutory compensation may be paid. Where the Director is of the opinion that a person against whom a provisional order for

restitution has been made under Section 46 has disposed of property as part of a scheme for the purpose of avoiding a

liability, the Director may make a provisional order for restitution under section 46A against any person who is a party to the

scheme and who obtained property under the scheme without giving sufficient consideration.

A further provision, under section 58A of the Act, enables the Director to apply to the Registrar-General for registration of

a restitution order in relation to any land owned by a defendant, including any land owned jointly with another person.

Restitution action is generally commenced 5 months after the determination of an award of compensation, this allows

sufficient time for the expiry of the period provided for an appeal against an award determination and associated

administrative requirements. The current delay in commencing restitution action stands at 10 months, compared with the

15 months reported in 1999/2000. The restitution module of the Tribunal’s workflow computer system, which came on line

in July 2000, is expected to assist in reducing the delay.

(c) Retained fees – Criminal Injuries Compensation

The amount of the Criminal Injuries Compensation debtors under the former Criminal Injuries Compensation Act 1967 as at

30 June 2001 was $0.184 million ($0.188 million in 1999/2000). This represents debts where instalment payments are

being made. An amount of $0.062 million ($0.056 million in 1999/2000) is included in the provision for doubtful debts.

These debts are considered to be irrecoverable and were fully provided for in the provision for doubtful debts in previous

financial years. The write off of debts does not preclude the Department from reinstating the debt or further recovery action

where there is a change in the debtors’ financial status.

(d) Other Debtors – Prepayment of employee entitlements

As mentioned in note 1(e)(ii), the superannuation liabilities of the Compensation Court, the Legal Services Tribunal, the

Legal Professional Advisory Council, the Office of the Legal Services Commissioner, the Crown Solicitor’s Office, the Office of

the Protective Commissioner and Public Guardian and the Registry of Births, Deaths and Marriages are not funded from the

Consolidated Fund.

The status of the superannuation reserves is given below:2001 2000

SASS (i) SANCS (ii) SSS (iii) TOTAL TOTAL Parent $000 $000 $000 $000 $000

Reserve Account Balance 3,304 1,395 4,216 8,915 5,159

Less Accrued Liability 1,669 803 3,969 6,441 1,998

Superannuation Assets 1,635 592 247 2,474 3,161

2001 2000SASS (i) SANCS (ii) SSS (iii) TOTAL TOTAL

Consolidated $000 $000 $000 $000 $000


Less Accrued Liability 6,076 3,301 27,746 37,123 28,156

Superannuation Assets 3,183 1,938 11,169 16,290 22,436

(i) SASS – State Authorities Superannuation Scheme

(ii) SANCS – State Authorities Non-Contributory Superannuation

(iii) SSS – State Superannuation Scheme

The liability for the various schemes is based on an assessment by the SAS Trustee Corporation actuary for the definedbenefit schemes administered by the Superannuation Administration Corporation for the financial year ended 30 June 2001.


Payments are made to the Superannuation Administration Corporation to reduce the superannuation liability. Thesepayments are held in Investment Reserve Accounts.

Any unfunded superannuation liability is recognised as a liability in the statement of financial position. Amounts

representing prepaid superannuation contributions are recognised as an asset.

The economic assumptions used are as follows:

2001/02 2002/03 2003/04

Rate of investment return 7.0 7.0 7.0

Rate of salary increase 3.0 6.5 4.0

Rate of increase in CPI 2.5 2.5 2.5

12.NON-CURRENT ASSETS – PROPERTY, PLANT AND EQUIPMENT

Parent Parent Consol Consol2001 2000 2001 2000$000 $000 $000 $000

Land and Buildings

(a) Land & Buildings

At Cost 37,308 23,083 42,330 23,129

At Valuation 355,043 355,172 355,043 355,172

392,351 378,255 397,373 378,301

Accumulated Depreciation at Cost 3,227 2,153 3,244 2,165

Accumulated Depreciation at Valuation 12,647 8,444 12,647 8,444

15,874 10,597 15,891 10,609

376,477 367,658 381,482 367,692

(b) Finance Lease

At Cost 51,963 51,963 51,963 51,963


39,491 41,570 39,491 41,570

Total Land and Buildings

At Cost 89,271 75,046 94,293 75,092

At Valuation 355,043 355,172 355,043 355,172

444,314 430,218 449,336 430,264


Accumulated Depreciation at Valuation 12,647 8,444 12,647 8,444

28,346 20,990 28,363 21,002

415,968 409,228 420,973 409,262

Plant & Equipment

At Cost 106,574 99,555 130,714 117,767


46,178 51,954 60,277 61,876

Total Property, Plant and Equipment at Net Book Value 462,146 461,182 481,250 471,138



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107

Plant & Plant & Library Library Finance FinanceLand Land Buildings Buildings Equipment Equipment Collection Collection Lease Lease Total Total

2000 Parent Consol. Parent Consol. Parent Consol. Parent Consol. Parent Consol. Parent Consol.$000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000 $000

At Cost or Valuation (a)Balance 1 July 1999Cost 0 0 6,226 6,272 97,669 111,053 6,936 6,936 51,963 51,963 162,794 176,224

Valuation 1999 96,253 96,253 245,138 245,138 0 0 0 0 0 0 341,391 341,391

Adjustments 6,660 6,660 7,300 7,300 (1,059) (1,059) (6,936) (6,936) 0 0 5,965 5,965

Additions 0 0 16,856 16,856 8,892 14,690 0 0 0 0 25,748 31,546

Disposals (89) (89) (89) (89) (5,947) (6,917) 0 0 0 0 (6,125) (7,095)

Balance 30 June 2000 102,824 102,824 275,431 275,477 99,555 117,767 0 0 51,963 51,963 529,773 548,031

Accumulated DepreciationBalance 1 July 1999Cost 0 0 1,712 1,721 39,230 45,814 6,242 6,242 8,314 8,314 55,498 62,091

Valuation 1999 0 0 4,621 4,621 0 0 0 0 0 0 4,621 4,621

Adjustments 0 0 0 0 0 0 (6,242) (6,242) 0 0 (6,242) (6,242)

Additions 0 0 4,270 4,273 14,168 16,752 0 0 2,079 2,079 20,517 23,104

Writeback on disposal 0 0 (6) (6) (5,797) (6,675) 0 0 0 0 (5,803) (6,681)

Balance 30 June 2000 0 0 10,597 10,609 47,601 55,891 0 0 10,393 10,393 68,591 76,893

Written down value as at 30 June 2000 102,824 102,824 264,834 264,868 51,954 61,876 0 0 41,570 41,570 461,182 471,138

Plant & Plant & Finance FinanceLand Land Buildings Buildings Equipment Equipment Lease Lease Total Total

2001 Parent Consol. Parent Consol. Parent Consol. Parent Consol. Parent Consol.$000 $000 $000 $000 $000 $000 $000 $000 $000 $000

At Cost or Valuation (a)Balance 1 July 2000Cost 0 0 23,082 23,129 99,555 117,767 51,963 51,963 174,600 192,859

Valuation 1999 102,824 102,824 252,349 252,349 0 0 0 0 355,173 355,173

Adjustments 0 0 682 682 (682) (682) 0 0 0 0

Additions 0 1,750 13,544 16,769 11,264 17,811 0 0 24,808 36,330

Disposals (55) (55) (75) (75) (3,563) (4,182) 0 0 (3,693) (4,312)

Balance 30 June 2001 102,769 104,519 289,582 292,854 106,574 130,714 51,963 51,963 550,888 580,050

Accumulated DepreciationBalance 1 July 2000Cost 0 0 2,153 2,167 47,601 55,891 10,393 10,393 60,147 68,451

Valuation 1999 0 0 8,444 8,444 0 0 0 0 8,444 8,444

Adjustments 0 0 58 58 (58) (58) 0 0 0 0

Additions 0 0 5,226 5,229 16,183 18,503 2,079 2,079 23,488 25,811

Writeback on disposal 0 0 (7) (7) (3,330) (3,899) 0 0 (3,337) (3,906)

Balance 30 June 2001 0 0 15,874 15,891 60,396 70,437 12,472 12,472 88,742 98,800

Written down value as at 30June 2001 102,769 104,519 273,708 276,963 46,178 60,277 39,491 39,491 462,146 481,250


12. NON-CURRENT ASSETS – PROPERTY, PLANT AND EQUIPMENT



108

Land and buildings comprise land, buildings, air conditioning and a finance lease. Plant and equipment comprise work in progress, computer equipment, furniture and fittings, plant, equipment, leasehold improvements, software, voicecommunications and data communications.

The Department and its reporting entities continue to derive service potential and economic benefits from the following fullydepreciated assets:

• 2,402 items of computer equipment, comprising personal and laptop computers, printers and data communicationequipment – original cost of $14.679 million;

• 157 items of furniture and fittings, comprising compactus equipment and office furniture – original cost of $0.927 million;

• 403 items of plant and equipment, comprising facsimiles, telephone systems, photocopiers and sound recordingequipment – original cost of $4.375 million;

• 47 items of software – original cost of $4.744 million;

• 2 items of leasehold improvements – original cost of $0.186 million.

It is considered that this equipment has no significant market value.

(a) Revaluation of Land and Buildings

Each class of physical non-current assets is revalued every 5 years. Due to the size and nature of the Department’s assets,approval was given to exempt the Department from the requirement under Treasury Circular G1991/20 to revalue all non-current physical assets in the same year. The approval was subject to the Department revaluing its assets on a regional basisover three years which commenced in the 1996/97 financial year and concluded in the 1998/1999 financial year. Thevaluation process was undertaken by Mr R. Davis, F.A.P.I., Valuation Manager, Property Consulting, State Valuation Office.

Buildings and improvements have been valued at the estimated written down replacement cost of the most appropriatemodern equivalent replacement facility having similar service potential or future economic benefit to the existing asset. Landhas been valued on an existing use basis.

Upon revaluation of land and buildings, accumulated depreciation existing in respect of buildings at the date of therevaluation was credited against the cost or value account for buildings. The buildings and land accounts were thenincreased to their revalued amounts.

(b) Assets under Finance Lease

The finance lease asset relates to an arrangement entered into by the Department to lease the John Maddison Towerconstructed by a private sector company to house the District and Compensation Courts. The lease commenced on 1 July1995, with a non cancellable term of 25 years and provision for an option of a further 15 years. The building is constructedon land owned by the Department. Such land is already subject to a head lease from the Department to the private sectorcompany. The head lease rental is $0.3 million which the Department recovers in rental offsets.

From commencement of the lease (viz 1 July, 1995), the leasehold asset will be amortised over the term of the leaseresulting in an annual depreciation charge of $2.079 million on the valuation of the lease and fitout ($51.963 million).

Parent Consolidated


13. CURRENT LIABILITIES – PAYABLES

28,442 27,444 Creditors 28,557 27,230

20 0 Interest 32 0

3,750 4,876 Other 3,837 5,095

32,212 32,320 32,426 32,325

Of the above accrued expenses, $17.465 million ($15.956 million in 1999/2000) relate to claims accrued for payments tovictims of crime.


Parent Consolidated


14. CURRENT/NON-CURRENT LIABILITIES– UNSECURED INTEREST BEARING LIABILITIESCurrent

0 0 Bank overdraft (refer Note 10) 253 0

57 34 Treasury advances repayable 57 34

1,158 1,083 Finance Lease (refer Note 18(d)) 1,158 1,083

1,215 1,117 1,468 1,117

Non-Current

688 516 Treasury advances repayable 5,188 516

41,967 43,124 Finance Lease (refer Note 18(d)) 41,967 43,124

42,655 43,640 47,155 43,640

43,125 44,207 Finance lease (refer Note 18(d)) 43,125 44,207The Department entered into a finance lease as referred to in Note 12(b). Atbalance date the value of the lease liability is:

49,476 49,476 Gross value of lease 49,476 49,476

(6,351) (5,269) Less principal repayment (6,351) (5,269)

43,125 44,207 Lease liability 43,125 44,207

Repayment of borrowings (excluding finance lease)

57 34 Not later than one year 57 34

267 159 Between one and five years 3,567 159

421 357 Later than five years 1,621 357

745 550 Total borrowings at face value (excluding finance lease) 5,245 550

15. CURRENT/NON-CURRENT LIABILITIES – EMPLOYEE ENTITLEMENTS AND OTHER PROVISIONSCurrent

Employee Entitlements

13,542 13,278 Recreation leave 15,781 15,845

4,537 4,136 Accrued salaries and wages 5,505 4,878

43 78 Provision for superannuation 43 78

372 235 Long service leave 1,235 822

0 0 Other 0 56

18,494 17,727 22,564 21,679

Other provisions

Dividends

Amount owed to NSW Treasury by

Registry of Births, Deaths and Marriages

0 0 and the Crown Solicitor's Office 2,716 3,933

0 0 2,716 3,933

18,494 17,727 Total current employee entitlements and other provisions 25,280 25,612



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110

Parent Consolidated


The movement in the provision for dividend is as follows:

0 0 Balance at the beginning of the financial year 3,933 4,366

0 0 Increase in provision for the year 2,716 2,939

0 0 Dividend paid (3,933) (3,372)

0 0 Balance at the end of the financial year 2,716 3,933

In the 2000/2001 financial year, dividends of $2.435 million and $1.498 million were paid by the Registry of Births, Deaths

and Marriages and Crown Solicitor's Office respectively.

Non Current Employee Entitlements

0 0 Recreation leave 337 0


4,136 3,660 Total non-current employee entitlements and other provisions 9,165 8,917

16. CURRENT/NON-CURRENTLIABILITIES – OTHER

2,890 443 Liability to Consolidated Fund 2,890 443

17. CHANGES IN EQUITYAccumulated Funds

369,100 348,656 Balance at the beginning of the financial year 416,051 381,958

Changes in accumulated funds– transactions with owners as owners

0 0 Dividend to the Consolidated Fund (2,716) (2,939)

0 0 (2,716) (2,939)

Changes in accumulated funds – other than transactions with owners as owners

(14,286) 8,221 Surplus/(deficit) for the year (14,467) 24,809

Correction to previously recognised asset

0 (694) Library collection 0 (694)

0 (1,043) Plant and equipment 0 (1,043)

Correction to previously unrecognised asset

0 13,960 Land and building 0 13,960

(14,286) 20,444 (14,467) 37,032

354,814 369,100 Balance at the end of the financial year 398,868 416,051

Asset Revaluation Reserve




Parent Consolidated


Total Equity



0 0 Dividend to the Consolidated Fund (2,716) (2,939)

0 0 (2,716) (2,939)


(14,286) 8,221 Surplus/(deficit) for the year (14,467) 24,809

Correction to previously recognised asset

0 (694) Library collection 0 (694)

0 (1,043) Plant and equipment 0 (1,043)

Correction to previously unrecognised asset

0 13,960 Land and buildings 0 13,960

(14,286) 20,444 (14,467) 37,032


18. COMMITMENTS FOR EXPENDITURE

(a) Capital Commitments

Aggregate capital expenditure contracted for at balance date and not provided for:

3,292 12,036 Not later than one year 4,123 12,575

0 0 Later than one year and not later than 5 years 0 0

0 0 Later than 5 years 0 0

3,292 12,036 4,123 12,575

(b) Other Expenditure Commitments

Aggregate other expenditure contracted for at balancedate and not provided for:


2,173 150 Later than one year and not later than 5 years 2,173 294

0 76 Later than 5 years 0 76

5,373 3,683 5,416 3,841

(c) Operating Lease Commitments

Future non-cancellable operating lease rentals not provided for and payable:


5,780 7,348 Later than one year and not later than 5 years 16,830 18,446

7,213 7,773 Later than 5 years 7,213 8,276

17,857 19,687 33,765 34,796



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112

These operating lease commitments relate to leases currently held in relation to the occupancy of premises by the AttorneyGeneral’s Department in the Sydney area and regional offices.

At 30 June 2001, there are a number of leases where occupancy of the premises is on a month to month basis. These leasesare not included in the above amounts as no commitment exists at the end of the financial year. The total yearly payment inrelation to leases on a month to month basis is estimated to be $5.062 million ($5.641 million in 1999/2000).

Cancellable operating leases (motor vehicles) of $2.722 million ($2.519 million in 1999/2000) are not included in the above amounts.

Parent Consolidated


18. COMMITMENTS FOR EXPENDITURE (CONT)

(d) Finance Lease Commitments


18,773 17,712 Later than one year but not later than 5 years 18,773 17,712

65,704 66,420 Later than 5 years 65,704 66,420

89,170 88,560 Minimum lease payments 89,170 88,560

(46,045) (44,353) Less: future finance charges (46,045) (44,353)

43,125 44,207 Lease Liability 43,125 44,207

1,158 1,083 Current 1,158 1,083

41,967 43,124 Non-current 41,967 43,124

43,125 44,207 43,125 44,207

The finance lease refers to the lease taken out on the John Maddison Tower as referred to in Note 12(b). The lease liability is

the present value of the minimum lease payments.

(e) Contingent Assets

The total “Capital Commitments”, “Other Expenditure Commitments” and “Operating Lease Commitments” above include input

tax credits of $2.943 million ($4.617 million in 1999/2000) that are expected to be recoverable from the ATO.

19.CONTINGENT LIABILITIES

There are 13,129 (17,806 in 1999/2000) pending applications (claims) on the Victims Compensation Fund as at 30 June

2001 which are expected to be paid at an average payment of $8,723 ($11,477 in 1999/2000) under the Victims

Support and Rehabilitation Act, 1996. A contingent liability of $114.785 million exists on the Victims Compensation Fund

as at 30 June 2001 ($206.578 million in 1999/2000). The contingent liability comprises $114.524 million under the

1996 Act and $0. 261 million in District Court appeals (1987 Act).

There are 35 (21 in 1999/2000) claims pending on the Suitors’ Fund as at 30 June 2001. A contingent liability of

$0.295 million ($0.157 million in 1999/2000) exists on the Suitors’ Fund as at 30 June 2001.

Of current litigation in which the Crown Solicitor’s Office is involved, there are various matters which could have a financial

impact, estimated at $1.590 million ($4.068 million in 1999/2000). Of this amount, $0.00 million ($1.666 million in

1999/2000) is covered by the Treasury Managed Fund as insurance claims.


20.BUDGET REVIEW

The following budget review has been conducted at the Consolidated level.

Net cost of services

The net cost of services was higher than budget by $22.278 million. This was mainly due to a change relating to the

recognition of Victims Compensation debtors [Notes 2(g) and 6] increasing costs by $16.517 million and depreciation being

higher than budgeted by $5.713 million as a result of bringing to account completed works-in-progress during 2000-01.

In addition the operating costs of the Registry of Births, Deaths and Marriages (BDM), the Crown Solicitor’s Office (CSO)

and Office of the Protective Commissioner and Public Guardian (OPC/G) were increased as a result of the revaluation of

their gross past superannuation liabilities by the Superannuation Administration Corporation. As the adjustments are of a

non-cash nature dividends payable are not affected. This year’s upward revaluation follows last year’s downward revaluation

which was treated as “prepaid contributions” and recognised as a decrease in operating expenses (Note 6).

Assets and Liabilities

Note: The budgeted amounts disclosed in the Statement of Financial Position vary from those disclosed in the State

Budget Papers [see Note 1 (v)].

Current assets were higher than budget by $4.872 million, due to an increase in receivables relating to the sales of goods

and services and an increase of $2.119 million relating to GST receivables, partially offset by lower cash balances.

Non-current assets were lower than budget by $33.211 million. This is due mainly to Victims Compensation Fund receivables

being $18.788 million less than budget [Notes 2(g) and 6]. This is partially offset by the reduction of $5.460 million in the

prepaid superannuation balances of BDM, CSO and OPC/OPG (Note 6). In addition Property, Plant and Equipment was less

than budget by $11.057 million which is mainly due to reduced expenditure in the development of the Courts Administration

System and some other capital projects and an increase in accumulated depreciation as a result of bringing to account

completed works-in-progress during 2000-01. This was partially offset by BDM purchasing new premises.

Current liabilities were higher than budget by $1.385 million primarily due to the increase in the Department’s liability to

the Consolidated Fund to $2.890 million and an increase in interest bearing liabilities of $0.122 million. This is partially

offset by accounts payables being lower than budget by $0.724 million and Employee Entitlements and other provisions

being lower than budget by $0.903 million.

Non-current liabilities are higher than budget by $4.731 million due mainly to borrowings of $4.500 million by BDM to

purchase a new building.

Cash Flow from Operating Activities

Under the Financial Reporting Code for Budget Dependent General Government Sector Agencies the actual cash flows from

operating activities are for the first time prepared inclusive of GST whereas the budget is prepared in accordance with NSW

Treasury guidelines and are exclusive of GST. As a consequence budget variances are overstated by the GST amount.

Net cash in flows from operating activities were $12.306 million lower than budget. This primarily results from:

1. Total payments – $10.300 million higher than budget mainly due to the cost impact of the GST and increased

operating costs – particularly additional maintenance costs to improve the maintenance standard of the courts. These

costs were partially offset by savings in employee related expenditure of $5.188 million and a lower than anticipated

level of disbursement costs incurred by CSO of $0.965 million.

2. Total receipts – $7.053 million higher than budget mainly due to refunds received from the Australian Taxation Office to the

extent of $9.363 million in relation to GST. This was partially offset by a lower recoupment level of $1.786 million required

from WorkCover and Dust Diseases Board for the operation of the Compensation Court and Dust Diseases Tribunal respectively.

3. Cash flows from Government – $9.059 million lower due to:-

a) Capital appropriation – $6.025 million lower than budget mainly due to savings in relation to the Court

Administration System project and backlog maintenance. In addition, $2.825 million that was appropriated to the

Attorney General’s Department on behalf of various NSW Government agencies in respect of the Cross Justice

Agency Video Conferencing Project was transferred to those other agencies as “transfer payments” and

accordingly has been excluded from the actual payments of the Attorney General’s Department;



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114

b) Recurrent appropriation – $3.981 million lower as a result of savings in a number of items including leasing

costs, several other protected expenditure items and in the State Debt Recovery Office; and

c) Reimbursement from the Crown Trading Enterprise – $0.947 million higher than anticipated.

Cash Flow from Investing Activities

Cash out flows from investing activities were under budget by $4.141 million, mainly due to the transfer payments of

$2.825 million to other NSW Government agencies in respect of the Cross Justice Agency Video Conferencing Project

referred to above. In addition there was some deferral of capital expenditure by Attorney General’s Department ($2.736

million), CSO ($1.179 million) and OPC/OPG ($0.361 million), although this was partially offset by the purchase of a new

building by the BDM which was not included in the Budget.

Cash Flow from Financing Activities

Cash out flows from financing activities was lower than budget by $2.543 million. This is primarily due to the proceeds of

a Treasury loan to BDM of $4.500 million towards the purchase of a new building, partially offset by higher than budgeted

dividend payments made by both BDM and CSO of $0.997 million and $0.926 million respectively.

Parent Consolidated


21. RECONCILIATION OF CASH FLOWS FROM OPERATING ACTIVITIES TO NET COST OF SERVICES

(384,654) (342,398) Net cost of services (389,918) (330,764)

23,488 20,517 Depreciation 25,810 23,104

31,108 30,221 Acceptance by the Crown Entity of employee entitlements 31,108 30,221

1,243 2,376 Increase in provisions 1,133 3,085

12,152 (5,041) (Increase)/Decrease in prepayments and other assets 16,741 (12,917)

(108) (10,849) Increase/(Decrease) in creditors 101 (10,460)

173 266 Net loss on sale of plant and equipment 209 322

981 107 (Increase)/decrease in capital movements 994 198

341,707 320,841 Cash flows from Government 346,790 325,795

26,090 16,040 Net cash from operating activities 32,968 28,584


22. FINANCIAL INSTRUMENTS(a) Interest Rate Risk

Interest rate risk is the risk that the value of the financial instrument will fluctuate due to changes in market interest rates.

The Department’s exposure to interest rate risks and the effective interest rates of financial assets and liabilities, both

recognised and unrecognised at the balance date are as follows:Total

carryingFixed interest rate maturing in:- amount

as per theFloating More Non- statement Averageinterest 1 year Over 1 to than 5 interest of financial interest

2001 rate or less 5 years years bearing position rateConsol. Consol. Consol. Consol. Consol. Consol. Consol.

$000 $000 $000 $000 $000 $000 %

Financial Assets

Cash at bank and on hand 8,166 0 0 0 55 8,221 4.74

Deposits at call 4,893 0 0 0 0 4,893 6.28

TCorp Hour Glass Facility:

Cash Facility 1,775 0 0 0 0 1,775 5.84

Cash Facility 1,110 0 0 0 0 1,110 5.79

Cash Plus Facility 1,776 0 0 0 0 1,776 5.76

4,661 0 0 0 0 4,661

Total Cash 17,720 0 0 0 55 17,775

Receivables 0 0 0 0 58,492 58,492 0.00

Total financial assets 17,720 0 0 0 58,547 76,267

Financial Liabilities

Payables 0 0 0 0 32,426 32,426 0.00

Dividends payable 0 0 0 0 2,716 2,716 0.00

Interest bearing liabilities:

Bank overdraft 0 0 0 0 253 253 0.00

Finance Lease 0 1,158 5,496 36,471 0 43,125 6.96

Treasurer's Advance 0 0 3,300 1,200 0 4,500 5.88

Treasurer's Advance 0 57 267 421 0 745 6.28

Total financial liabilities 0 1,215 9,063 38,092 35,395 83,765



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116

Totalcarrying

Fixed interest rate maturing in:- amountas per the

Floating More Non- statement Averageinterest 1 year Over 1 to than 5 interest of financial interest

2000 rate or less 5 years years bearing position rateConsol. Consol. Consol. Consol. Consol. Consol. Consol.

$000 $000 $000 $000 $000 $000 %

Financial Assets

Cash at bank and on hand 10,732 0 0 0 53 10,785 4.83

Deposits at call 6,815 0 0 0 0 6,815 5.62

TCorp Hour Glass Facility:

Cash Facility 1,674 0 0 0 0 1,674 5.37

Cash Facility 1,048 0 0 0 0 1,048 4.72


4,399 0 0 0 0 4,399

Total Cash 21,946 0 0 0 53 21,999

Receivables 0 0 0 0 69,353 69,353 0.00

Total financial assets 21,946 0 0 0 69,406 91,352


Payables 0 0 0 0 32,325 32,325 0.00

Dividends payable 0 0 0 0 3,933 3,933 0.00

Interest bearing liabilities:

Finance Lease 0 1,083 5,139 37,985 0 44,207 6.96

Treasurer's Advance 0 34 159 357 0 550 6.28

Total financial liabilities 0 1,117 5,298 38,342 36,258 81,015

The average interest rate was computed on a monthly basis.

(b) Credit Risk

Credit risk is the risk of financial loss arising from another party to a contract/or financial position failing to discharge

a financial obligation thereunder. The Department’s maximum exposure to credit risk is represented by the carrying

amounts of the financial assets included in the statement of financial position.

(c) Net Fair Value

The net fair value of cash and cash equivalents and non interest bearing monetary financial assets and financial liabilities

approximates their carrying value.


23.TRUST FUNDS

The Department holds monies in trust which represent funds belonging to parties involved in court cases, or amounts held

in trust for third parties. These monies are excluded from the financial statements as the Department cannot use them for

the achievement of its objectives. The following is a summary of the transactions in the trust account:

Parent Consolidated


16,036 12,457 Cash balance at the beginning of the financial year 20,807 19,918

408,224 305,403 Add: Receipts 447,520 338,145

398,368 301,824 Less: Expenditure 437,742 337,256

25,892 16,036 Cash balance at the end of the financial year 30,585 20,807

This is represented by:

0 0 Crown Solicitor's Office 4,693 4,771

3,923 2,039 Supreme Court 3,923 2,039

17 36 Land and Environment Court 17 36

188 7 Industrial Relations Commission 188 7

2,275 4,469 District Court 2,275 4,469

9,391 7,222 Local Courts and Sheriff 9,391 7,222

9,708 1,910 State Debt Recovery Office 9,708 1,910

390 353 Financial Services 390 353

25,892 16,036 30,585 20,807

For the Supreme Court, an amount of $20.693 million ($18.941 million in 1999/2000) is held outside the Department'sPublic Monies Account for Supreme Court matters. This amount is not included in the above figures. These monies areinvested with the Public Trustee in accordance with the Supreme Court rules and orders of the Court.

For the District Court, an amount of $16.046 million ($0.710 million in 1999/2000) is held outside the Department’s PublicMonies Account for District Court matters. This amount is not included in the above figures and represents suitors’ monies thatthe District Court has ordered the Registrar to invest on behalf of the parties concerned and for the sole benefit of those parties.

24. ADMINISTERED ASSETSAdministered Assets

460,086 391,730 Receivables 460,086 391,730

(333,930) (297,960) Less: provision for doubtful debts (333,930) (297,960)

126,156 93,770 Total Administered assets 126,156 93,770

The administered assets related to receivables in respect of fines. The amounts provided have been obtained using thesame methodology as for debtors in Note 11, through sampling, extrapolation and estimates.

25. ADMINISTERED REVENUE – SCHEDULE OF UNCOLLECTED AMOUNTS

Fines

460,086 391,730 Receivables 460,086 391,730

(333,930) (297,960) Less: provision for doubtful debts (333,930) (297,960)

126,156 93,770 126,156 93,770

The administered revenue – schedule of uncollected amounts relate to receivables and the provision for doubtful debts inrespect of fines. The amounts provided have been obtained using the same methodology as for debtors in Note 11, throughsampling, extrapolation and estimates.



117




118

As a result, the estimated amount of the debtors in respect of fines outstanding for local courts and other courts is

$31.148 million ($44.510 million in 1999/2000) and the corresponding provision for doubtful debts is $24.250 million

($35.465 million in 1999/2000).

The estimated amount of the debtors in respect of Roads and Traffic Authority NSW fines not raised to enforcement orders

is $0.462 million ($43.498 million in 1999/2000) and the corresponding provision for doubtful debts is $0.416 million

($39.148 million in 1999/2000).

The estimated amount of the debtors in respect of Warrant Index Unit fines not raised to enforcement orders is $28.936

million ($61.771 million in 1999/2000) and the corresponding provision for doubtful debts is $27.489 million ($58.683

million in 1999/2000). These amounts do not include fines of $1.278 million that the Warrant Index Unit continues to

enforce on behalf of interstate jurisdictions.

The estimated amount of the debtors in respect of fines raised to enforcement orders by the State Debt Recovery Office is

$393.737 million ($241.951 million in 1999/2000) and the corresponding provision for doubtful debts is $278.211

million ($164.664 million in 1999/2000).

The estimated amount of the debtors in respect of fines not raised to enforcement orders by the State Debt Recovery Office

is $5.803 million ($0.000 million in 1999/2000) and the corresponding provision for doubtful debts is $3.564 million

($0.000 million in 1999/2000).

26.OFFICE OF THE PROTECTIVE COMMISSIONER – COMMON FUND

Under the Protected Estates Act 1983, trust monies are received by the Protective Commissioner as an agent for his clients. The

Common Fund is not controlled by the Administration Fund but the Protective Commissioner is accountable for these funds.

As the operation of these trust funds is not incorporated into the consolidated financial statements, a summary of

transactions is listed below:

Actual Actual2001 2000$000 $000

Income 73,760 74,287

Expenditure (81,722) (74,848)

Surplus for the year (7,962) (561)

Add: Transfers from Estates Guarantee and Reserve Account 2,474 402

Less: Transfers to Estates Guarantee and Reserve Account (2,464) (969)

Total Charges in Equity (7,952) (1,128)

Current Assets (Investments) 622,372 506,820

Non-Current Assets (Investments) 510,097 617,503

Total Assets 1,132,469 1,124,323

Current Liabilities (4,893) (6,815)

Non-Current Liabilities (1,104,677) (1,086,647)

Total Liabilities (1,109,570) (1,093,462)

Net Assets 22,899 30,861

Represented by:

Unallocated Investment Income 17,528 25,480

Estates Guarantee and Reserve Account 5,371 5,381

Total 22,899 30,861


27.VICTIMS COMPENSATION FUNDThe Victims Compensation Fund (the Fund) was constituted by an amendment to the Victims Compensation Act 1987

(effective from 1 February, 1990) for the purpose of compensating victims for injuries resulting from acts of violence,

witnesses to such acts, close relatives of the deceased victims and to law enforcement victims. Under the Act the control and

management of the Fund rests with the corporation constituted with the corporate name of the "Victims Compensation Fund

Corporation", the affairs of which are managed by the Director General of the Attorney General's Department. The Victims

Compensation Act 1996, which was assented to on 2 December 1996, and came into effect on 2 April 1997, repealed the

Victims Compensation Act 1987 and includes identical provisions in relation to the management of the Fund, in addition to

increasing the restitution powers and capabilities of the Tribunal. However, the new Act did contain transitional provisions

which enable claims lodged prior to the date of assent to be dealt with in accordance with the repealed Act.

In November 1998 a number of amendments to the 1996 Act were passed in Parliament and these amendments came

into effect in two stages – in February and April 1999.

In June 2000 a further number of amendments were passed in Parliament including a change in the name of the legislation

to the Victims Support and Rehabilitation Act 1996. In July 2000, the threshold was raised to $7,500 by Proclamation.

All transactions relating to Victims Compensation, as reflected in these financial statements, flow through the Victims

Compensation Fund. Total expenditure for payments to victims of crime for the financial year ended 30 June 2001 was

$89.976 million ($79.683 million in 1999/2000). This amount includes an accrual of $17.465 million ($15.956 million

accrual in 1999/2000).

Collections payable to the Fund include:

• Restitution payments by offenders;

• Monies collected under the Confiscation of Proceeds of Crime Act, 1989; and

• Victims Compensation Levies collected under section 65 of the Act by the Supreme, District, Local and

Children's Courts.

END OF AUDITED FINANCIAL STATEMENTS



119



FINANCIAL STATEMENTS Crown Solicitor’s Office

120



121



122

Notes Actual Actual2001 2000$000 $000

Revenue

Revenue from operating activities 2(a) 30,231 31,729

Revenue from outside operating activities 2(b) 482 340

30,713 32,069

Expenditure

Operating expenditure

Employee related 3(a) 13,914 8,147

Other operating expenditure 3(b) 4,078 3,826

Maintenance 99 90

Depreciation 3(c) 650 719

Other expenditure 3(d) 12,993 14,149

31,734 26,931

Surplus/(Deficit) for the year from ordinary activities (1,021) 5,138

Total revenues, expenses and valuation adjustments recognised directly in equity 0 0

Total changes in equity other than those resulting from transactions with owners as owners 10 (1,021) 5,138


Statement of Financial Performancefor the Year Ended 30 June 2001



123


ASSETS

Current Assets

Cash 5 4,766 5,183

Receivables 1(c) / 6 10,556 10,493

Total Current Assets 15,322 15,676

Non-Current Assets

Property, plant and equipment 7 2,354 2,861

Receivables 1(c) / 6 7,737 10,171

Total Non-Current Assets 10,091 13,032

Total Assets 25,413 28,708

LIABILITIES

Current Liabilities

Payables 8 1,041 1,403

Employee entitlements and other provisions 1(c) / 9 2,172 3,046

Total Current Liabilities 3,213 4,449


Employee entitlements and other provisions 1(c) / 9 1,781 1,945

Total Non-Current Liabilities 1,781 1,945

Total Liabilities 4,994 6,394

Net Assets 20,419 22,314

EQUITY

Retained earnings 10 20,419 22,314

Total Equity 20,419 22,314


Statement of Financial Positionas at 30 June 2001



Payments

Employee related (11,951) (12,441)

Other (18,691) (17,423)

Total Payments (30,642) (29,864)

Receipts

User charges 31,407 30,896

Interest received 232 332

Other 256 9

Total Receipts 31,895 31,237

Net Cash Provided by Operating Activities 11 1,253 1,373


Proceeds from sale of property, plant and equipment 0 1

Purchases of property, plant and equipment (171) (1,127)

Net Cash Used in Investing Activities (171) (1,126)


Dividend payment to NSW Treasury (1,499) (1,000)

Net Cash Used in Financing Activities (1,499) (1,000)

NET INCREASE/(DECREASE) IN CASH HELD (417) (753)

Cash at the beginning of the reporting period 5,183 5,936

CASH AT THE END OF THE REPORTING PERIOD 5 4,766 5,183




124

Statement of Cash Flowsfor the Year Ended 30 June 2001



125


(a) Reporting Entity

The Crown Solicitor's Office (the Office), as a reporting

entity, comprises all the operating activities under the

control of the Office.

The Crown Solicitor’s Office commenced operating on a

commercial basis from 1 July 1995. It is a commercial

entity of the Attorney General’s Department and is

included in the consolidated financial statements of

the Department.


The Office’s financial statements are a general purpose

financial report which has been prepared in accordance

with applicable Australian Accounting Standards, other

authoritative pronouncements of the Australian

Accounting Standards Board (AASB), Urgent Issues

Group (UIG) Consensus Views, the requirements of the

Public Finance and Audit Act, 1983, and its

Regulations, and the Treasurer’s Directions.

Where there are inconsistencies between the






The financial statements are prepared in accordance with

the historical cost convention. All amounts are rounded to

the nearest one thousand dollars and are expressed in

Australian currency. The accounting policies adopted are

consistent with those of the previous year.

The Office has received a direction from NSW Treasury

under section 45E of the Public Finance and Audit Act

to require the Office’s financial statements to be

prepared in accordance with the statutory body

requirements as outlined in the Act and Regulation.

(c) Employee Entitlements


and On-Costs

Liabilities for wages and salaries and annual leave

are recognised and measured as the amount

unpaid at the reporting date at current pay rates in

respect of employees’ services up to that date.









expenses where the employee entitlements to

which they relate have been recognised.


The Office contributes to the NSW Treasury’s Long

Service Leave pool, and to the three schemes run

by the Superannuation Administration Corporation

(refer to Note 9).

The Treasury “pool” account administers the Long

Service Leave Provision for agencies and commercial

activities whose liabilities were previously assumed

by the Crown Entity due to their being part of the

Budget Sector. Contributions made to Treasury are

included in Salaries and Related Expenses. In

accordance with AAS 30 “Accounting for Employee

Entitlements” and Treasury Circular 95/10 the total

liability has been recognised as a provision and an

offsetting asset has been recognised as “Receivables

– long service leave”. The nominal valuation method

has been used to assess the liability because it

would not result in material variance to the present

value method. Oncosts have been applied in

calculating the liability.

(d) Insurance

The Office’s insurance activities are conducted through

the NSW Treasury Managed Fund Scheme of self

insurance for Government agencies. The expense


on past experience.

(e) Acquisitions of Assets


recording of all acquisitions of assets controlled by

the Office. Cost is determined as the fair value of the

assets given as consideration plus the costs incidental

to the acquisition.

Assets acquired at no cost, or for nominal

consideration, are initially recognised as assets and

revenues at their fair value at the date of acquisition.

Fair value means the amount for which an asset could

be exchanged between a knowledgeable, willing buyer

and a knowledgeable, willing seller in an arm’s length

transaction.

(f) Plant and Equipment



Notes to and Forming Part of the Financial Statements for the Year Ended 30 June 2001



126

(g) Depreciation of Non-Current Physical Assets

Depreciation is provided for on a straight-line basis for

all depreciable assets so as to write off the depreciable

amount of each asset as it is consumed over its useful

life to the entity.





The depreciation rates used for each class of assets are

as follows:





• Software 25%

(h) Work in Progress

There were unbilled fees and disbursements relating to

work performed by the Office as at 30 June 2001. The

Complete Legal Office financial billing system which is

in use in the Office, records all solicitors’ times and

disbursements on a matter by matter basis. The

information (hours worked by each solicitor and

disbursements) is entered into the system on the day

following the undertaking of the work. This system has

been used to calculate and cost unbilled fees in respect

of recoverable hours and disbursements made on behalf

of clients as at 30 June 2001.

(i) Financial Instruments


both a financial asset of one entity and a financial

liability (or equity instrument) of another entity. For the

Office these include cash, receivables, accounts

payable and dividends.

In accordance with AAS 33 “Presentation and Disclosure

of Financial Instruments”, information is disclosed in

Note 12, in respect of the credit risk and interest rate

risk of financial instruments. All such amounts are

carried in the accounts at net fair value unless otherwise

stated. The specific accounting policy in respect of each

class of such financial instrument is stated hereunder.


• cash

• receivables

• accounts payable

• dividends

All financial instruments including revenue, expenses or

other cash flows arising from instruments are

recognised on an accruals basis.

(j) Dividend/Contribution to Consolidated Fund

The NSW Government in its role as the sole shareholder-

owner of the Office is entitled to a risk-related reward by

way of a return on equity. This reward takes the form of

a cash dividend. The determining power for the payment

of dividends resides with the Treasurer under the Public

Finance and Audit Act.

The dividend is calculated at 70% of net profit, before

adjustment for any individually significant item.

(k) Trust Funds

The Office receives monies in a trustee capacity as set

out in Note 15. As the Office performs only a custodial

role in respect of these monies, and because the

monies cannot be used for the achievement of the

Office’s own objectives, they are not brought to account

in the financial statements.

(l) Revenue Recognition

Sales revenue

Sales revenue comprises revenue earned from (1) the

provision of services to outside entities and recognised

when the fee in respect of services provided is receivable

and (2) legal disbursements incurred on behalf of

outside entities and recognised when the recoupment in

respect of the disbursement provided is receivable.

Interest income

Interest income is recognised as it accrues.

Asset sales

The gross proceeds of asset sales are included as

revenue. The profit or loss on disposal of assets is

brought to account at the date when an unconditional

contract of sale is signed.

Other revenue

Other revenue comprises income received from non-core

activities and is recognised when the fee in respect of

these activities is receivable.

(m)Accounting for the Goods and Services Tax (GST)



• the amount of GST incurred by the agency as a



acquisition of an asset or as part of an item of expense.


of GST included.

(n) Maintenance and Repairs


incurred, except where they relate to the replacement of




127

a component of an asset, in which case the costs are


(o) Receivables

Trade debtors are required to settle within 14 days.

Accounts receivable generally settled within fourteen

days are carried at amounts due. The Office considers

that the carrying amounts of trade and other debtors

approximate their net fair values. An estimate for

doubtful debts is made when collection of the full

amount is no longer probable. Bad debts are written

off as incurred.

(p) Payables


recognised when the Office becomes obliged to make

future payments as a result of a purchase of goods or

services. Accounts payable are generally settled within

the terms of the supplier. The Office considers the

carrying amount of trade and other accounts payable

approximate their net fair values.

(q) Reclassification of Financial Information

As a result of applying AAS1 “Statement of Financial

Performance” and AAS36 “Statement of Financial


Performance (previously referred to as the Income and

Expenditure Statement) and the Statement of Financial

Position (previously referred to as the Balance Sheet)

has been amended. As a result of applying these

Accounting Standards, a number of comparative



(r) TCorp Hour Glass Facilities

The Office has investments in TCorp’s Hour Glass

Investment facilities. The Office’s investments are

represented by a number of units in managed

investments within the facilities. Each facility has

different investment horizons and comprises a mix of

asset classes appropriate to that investment horizon.

TCorp appoints and monitors fund managers and

establishes and monitors the application of appropriate

investment guidelines. Treasury Circular 01/07 required

the Treasurer’s approval to hold investments outside the

Treasury Banking System by 30 June 2001. While the

Office applied for approval before 30 June 2001, the

approval was not granted until 19 July 2001.

The Office’s investments are:

2001 2000$000 $000

Cash Plus Facility 1,111 1,048

1,111 1,048

These investments are generally able to be redeemed

with up to five-business days notice (dependent upon

the facility). The value of the investments held can

decrease as well as increase depending upon market

conditions. The value that best represents the maximum

credit risk exposure is the net fair value. The value of

the above investments represents the Office’s share of

the underlying assets of the facility and is stated at

net fair value.

(s) 2000 Sydney Olympic Games and Paralympic Games

– Staff Costs

Staff employed on initiatives directly and specifically

related to the Games

2 staff (equivalent to full-time staff)

(0 in 1999/2000)


($0.00 million in 1999/2000)

Staff seconded to other agencies on initiatives directly and

specifically related to the Games

0 staff (equivalent to full-time staff)

(0 in 1999/2000)


($0.00 million in 1999/2000)

2. REVENUE 2001 2000$000 $000

(a) Revenue from operating activities


Fees 17,424 17,603

Legal disbursements recouped 12,807 14,126

30,231 31,729

(b) Revenue from outside operating activities

Interest revenue 249 224

Gross proceeds from disposal of 1 1non-current assets

Other revenue 232 115

482 340

3. EXPENDITURE(a) Employee related expenditure

Salaries and wages 9,665 10,451(including recreation leave)

Superannuation entitlements 3,313 (3,370)(refer Notes 4 & 9)

Long service leave 208 221

Long service leave assumed 0 2by Crown

Workers compensation insurance 64 139

Payroll tax and fringe benefits tax 664 704

13,914 8,147


3. EXPENDITURE (CONT’D) 2001 2000$000 $000

(b) Other operating expenditureAdvertising & publicity 40 34Auditor's remuneration 33 32– audit of the financial report Bad and doubtful debts 44 0Bank charges 3 3Consultancy 28 2Electricity 76 48Fees 1,795 1,120General expenditure 70 43Insurance 7 8Written down value of property, 16 42plant and equipment disposedMotor vehicles 21 20Postage 44 38Printing 120 132Publications 108 179Rates & charges 67 96Rental 1,100 1,197Staff expenditure & training 91 204Stores 201 315Telephone 201 289Transcription Services 0 4Travel 13 20

4,078 3,826

(c) DepreciationComputer equipment 297 312Furniture and fittings 12 11Plant and equipment 38 40Leasehold improvements 266 262Software 37 94

650 719

(d) Other expenditureLegal Disbursements – made 12,993 14,149on behalf of other Government Departments

12,993 14,149

During the course of the year, the Office incurs legalexpenses on behalf of clients. This is shown in otherexpenditure – legal disbursements made on behalf ofother government departments. These expenses are theninvoiced to the client and are shown in the gross amountof "Rendering of services” revenue (refer Note 2).

4. INDIVIDUALLY SIGNIFICANT ITEMSThis comprises a charge to employee related expensesin 2000/2001 of $2.270 million (credit of $4.417million in 1999/2000) reflecting a reduction in the netsuperannuation reserves of the Office. This results froman assessment issued by the SuperannuationAdministration Corporation that the Office had totalprepaid superannuation contributions of $5.956 million

as at 30 June 2001 ($8.226 million as at 30 June2000) (refer Note 6).

5. CURRENT ASSETS – CASH2001 2000$000 $000

Cash at bank and on hand 3,655 4,135

Deposit – TCorp Hour Glass Cash 1,111 1,048Plus Facility

4,766 5,183

For the purposes of the Statement of Cash Flows, cash

includes cash on hand, cash at bank and deposits in

the TCorp Hour Glass Cash Plus Facility. Cash assets

recognised in the Statement of Financial Position are

reconciled to cash at the end of the financial year as

shown in the Statement of Cash Flows as follows:

Cash (per Statement of 4,766 5,183Financial Position)

Closing Cash and Cash Equivalents 4,766 5,183(per Statement of Cash Flows)

6. CURRENT/NON-CURRENT ASSETS – RECEIVABLESCurrentTrade debtors 6,570 6,140

Work in progress 3,512 3,509

Other debtors

Other 229 385

Interest receivable 97 81


Less: provision for doubtful debts (60) (14)

10,556 10,493

Non-CurrentOther debtors

Prepayment of Superannuation(refer Note 9) 5,956 8,226

Long service leave 1,781 1,945

7,737 10,171

The movement in the prepayment of superannuation

is as follows:

Balance at the beginning of the 8,226 3,809financial year

Increase/(Decrease) in prepayment (2,270) 4,417for the year

Balance at the end of the 5,956 8,226financial year

The movement in long service leave is as follows:

Balance at the beginning of 1,945 2,150the financial year

Transfer to current receivables (208) (392)Increase in liability to be recouped 44 187





128



129

7. NON-CURRENT ASSETS – PROPERTY, PLANT AND EQUIPMENTComputer Furniture Plant & Leasehold Software Total

2001 Equipment & Fittings Equipment Improvements

$000 $000 $000 $000 $000 $000

At CostBalance 1 July 2000 1,359 117 189 2,657 433 4,755

Additions 139 10 19 0 3 171

Disposals (68) (11) (6) 0 0 (85)

Balance 30 June 2001 1,430 116 202 2,657 436 4,841

Accumulated DepreciationBalance 1 July 2000 477 37 125 917 338 1,894

Depreciation for the year 297 12 38 266 37 650

Write-back on Disposal (52) 0 (5) 0 0 (57)

Balance 30 June 2001 722 49 158 1,183 375 2,487

Written Down ValueAt 30 June 2001 708 67 44 1,474 61 2,354

Computer Furniture Plant & Leasehold Software Total2000 Equipment & Fittings Equipment Improvements

$000 $000 $000 $000 $000 $000

At CostBalance 1 July 1999 1,246 106 167 2,487 355 4,361

Additions 854 11 25 170 78 1,138

Disposals (741) 0 (3) 0 0 (744)

Balance 30 June 2000 1,359 117 189 2,657 433 4,755

Accumulated DepreciationBalance 1 July 1999 864 26 88 655 244 1,877

Depreciation for the year 312 11 40 262 94 719

Write-back on Disposal (699) 0 (3) 0 0 (702)

Balance 30 June 2000 477 37 125 917 338 1,894

Written Down ValueAt 30 June 2000 882 80 64 1,740 95 2,861

The Office continues to derive service potential and economic benefits during 2001 from the following fully depreciated assets:

Original Costs

$000

43 items of computer equipment 241

3 items of plant and equipment 7

13 items of software 311

1 item of data communications equipment 65

60 624

It is considered that these assets have no significant market value.


8. CURRENT LIABILITIES – PAYABLES2001 2000$000 $000

Creditors 846 1,157

Other 195 246

1,041 1,403

9. CURRENT/NON-CURRENT LIABILITIES – EMPLOYEE ENTITLEMENTS AND OTHER PROVISIONSCurrent Employee EntitlementsRecreation leave 869 931

Accrued salaries and wages 221 224


1,298 1,547

Other ProvisionsDividends – Amount owed to NSW Treasury 874 1,499

874 1,499

Total Current Employee Entitlements and 2,172 3, 046Other Provisions

Non-Current Employee EntitlementsLong service leave 1,781 1,945

1,781 1,945

Total Non-Current Employee Entitlements1,781 1,945

and Other Provisions

Total Employee Entitlements 3,953 4,991and Other Provisions

The Office has been responsible for superannuation contributions from 1 July 1995. Prior to this all liabilities were assumed

by the Crown Entity.

An amount of $1.043 million ($1.047 million in 1999/2000) was charged to the expense account within employee related

expenses and represents the contributions paid by the Office to the superannuation schemes (Refer Note 3(a)).

The status of the superannuation reserves is given below:


$000 $000 $000 $000 $000


Less: Actuarial Gross Past Liability 1,248 1,008 11,869 14,125 11,474

Superannuation Assets 746 864 4,346 5,956 8,226


(ii) SANCS – State Authorities Non-Contributory Superannuation Scheme


The liability for the various schemes is based on an assessment by William M Mercer for the defined benefit schemes

administered by the Superannuation Administration Corporation for the financial year ending 30 June 2001.

Payments are made to the Superannuation Administration Corporation to reduce the superannuation liability. These payments

are held in Investment Reserve Accounts.




130



131

Any unfunded superannuation liability is recognised as a liability in the Statement of Financial Position. Amounts

representing prepaid superannuation contributions are recognised as an asset (refer Note 6).

The economic assumptions used are as follows:

2001/02 2002/03 2003/04

Investment Return 7.0 7.0 7.0

Salary Growth Rate 3.0 6.5 4.0

Consumer Price Index 2.5 2.5 2.5


2001 2000$000 $000

Balance 1 July 1,499 1,994

Increase in provision for the year 874 505

Dividend/Contribution Paid (1,499) (1,000)

Balance 30 June 874 1,499

The balance of the provision for dividend is payable to Treasury in accordance with Note 1(j).

10.EQUITYBalance at the beginning of the financial year 22,314 17,681

Total changes in equity recognised in the Statement of Financial Performance (1,021) 5,138

Transactions with owners as owners

Dividends (874) (505)

Balance at the end of the financial year 20,419 22,314

11.NOTES TO THE STATEMENT OF CASH FLOWSReconciliation of Net Cash Provided by Operating Activities to Surplus

Surplus/(Deficit) for the year (1,021) 5,138

Depreciation 650 719

Increase/(Decrease) in provisions (420) 161

Increase/(Decrease) in creditors (362) 684

(Increase)/ Decrease in prepayments and other assets 2,379 (5,360)

(Increase)/ Decrease in non-current asset accrual 11 (11)

Net loss on sale of plant and equipment 16 42

Net cash provided by operating activities 1,253 1,373


12.FINANCIAL INSTRUMENTS(a) Interest Rate Risk


The Office’s exposure to interest rate risks and the effective interest rates of financial assets and liabilities, both recognised

and unrecognised at the balance date are as follows:

Floating interest Non-interest Total carrying Effectiverate bearing amount as per the interest rate

statement of2001 financial position

$000 $000 $000 %

Financial Assets

Cash 3,652 3 3,655 4.83

TCorp Hour Glass Investment 1,111 0 1,111 5.79

Receivables 0 10,348 10,348 0

Total financial assets 4,763 10,351 15,114


Accounts payable 0 1,041 1,041 0

Dividends 0 874 874 0

Total financial liabilities 0 1,915 1,915

Floating interest Non-interest Total carrying Effectiverate bearing amount as per the interest rate

statement of2000 financial position

$000 $000 $000 %

Financial Assets

Cash 4,132 3 4,135 4.19

TCorp Hour Glass Investment 1,048 0 1,048 4.72

Receivables 0 10,101 10,101 0

Total financial assets 5,180 10,104 15,284


Accounts payable 0 1,403 1,403 0

Dividends 0 1,499 1,499 0


The effective interest rate was computed on an average monthly basis.

(b) Credit Risk

Credit risk is the risk of financial loss arising from another party to a contract/or financial position failing to discharge a

financial obligation thereunder. The Office’s maximum exposure to credit risk is represented by the carrying amounts of the

financial assets included in the statement of financial position.

The Office has significant debtor exposure to the Attorney General’s Department.

(c) Net Fair Value

The net fair value of cash and cash equivalents and non-interest bearing monetary financial assets and financial liabilities





132



133

13.COMMITMENTS FOR EXPENDITURE2001 2000$000 $000



Not later than one year 125 0

125 0

(b) Operating Lease Commitments


Not later than one year 1,460 1,004

Later than one year and not later than five years 4,424 4,017

Later than five years 0 503

5,884 5,524

Non-cancellable operating leases refer to leases currently held in relation to the occupancy of premises by the Office. These

operating lease commitments are not recognised in the financial statements as liabilities.

Cancellable operating leases (motor vehicles) of $0.016 million ($0.016 million in 1999/2000) are not included in the

above amounts.

(c) Contingent Asset

The total “Capital Commitments” & “Operating Lease Commitments” above includes input tax credits of $0.546 million

($0.502 million in 1999-2000) that are expected to be recoverable from the ATO.

14.CONTINGENT LIABILITIESThe Office is not aware of any pending litigation against the Crown Solicitor’s Office.

15.TRUST FUNDSThe Office holds money in a Trust Fund, which represents amounts held on behalf of third parties. The balance held as at

30 June 2001 was $4.693 million ($4.770 million in 1999/2000). These monies are excluded from the financial

statements, as the Office cannot use them for the achievement of its objectives.

The following is a summary of the transactions in the trust account:

Cash balance at the beginning of the financial year 4,770 7,460

Add: Receipts 39,297 32,742

Less: Expenditure 39,374 35,432

Cash balance at the end of the reporting period 4,693 4,770




FINANCIAL STATEMENTS Registry of Births, Deaths & Marriages

134



135


Revenue

Revenue from operating activities 2(a) 13,308 12,850

Revenue from outside operating activities 2(b) 409 422

13,717 13,272

Expenditure

Operating expenditure

Employee related 3(a)/4 6,491 3,158

Other operating expenditure 3(b) 4,726 3,724

Borrowing Costs 143 0

Maintenance 168 79

Depreciation 3(c) 862 588

12,390 7,549

Surplus for the year from ordinary activities 1,327 5,723

Total revenues, expenses and valuation adjustments

recognised directly in equity 0 0

Total changes in equity other than those resulting from

transactions with owners as owners 1,327 5,723




136




137


ASSETS

Current Assets

Cash Assets 5 5,039 6,424

Receivables 6 873 471

Total Current Assets 5,912 6,895

Non Current Assets

Property, plant & equipment 7

– Land & buildings 4,975 0

– Plant & equipment 3,667 2,471

Total property, plant and equipment 8,642 2,471

Receivables 6 4,152 5,568

Total Non Current Assets 12,794 8,039

Total Assets 18,706 14,934

LIABILITIES

Current Liabilities

Payables 8 640 212

Employee entitlements & other provisions 10 2,553 3,082

Total Current Liabilities 3,193 3,294


Interest bearing liabilities 9 4,500 0

Employee entitlements & other provisions 10 937 1,049



Net Assets 10,076 10,591

EQUITY

Retained Earnings 11 10,076 10,591

Total Equity 10,076 10,591





Payments

Employee related (5,160) (5,371)

Borrowing Costs (132) 0

Other (5,636) (3,755)

Total Payments (10,928) (9,126)

Receipts

User charges 13,289 12,872

Interest received 359 310

Other 875 94

Total Receipts 14,523 13,276

Net cash provided by operating activities 12 3,595 4,150


Proceeds from sale of property, plant and equipment 2 0

Purchases of property, plant and equipment (7,047) (1,859)

Net cash used in investing activities (7,045) (1,859)


Treasury advance 4,500 0

Dividend payment to NSW Treasury (2,435) (2,372)

Net cash provided by/(used in) financing activities 2,065 (2,372)

NET (DECREASE)/INCREASE IN CASH HELD (1,385) (81)

Cash at the beginning of the reporting period 6,424 6,505

CASH AT THE END OF THE REPORTING PERIOD 5 5,039 6,424




138




139


(a) The Reporting Entity

The Registry of Births, Deaths and Marriages, as a

reporting entity, comprises all the operating activities

under the control of the Registry. It is a commercial entity

of the Attorney General’s Department and is included in

the consolidated financial statements of the Department.


The Registry's financial statements are a general

purpose financial report which has been prepared in

accordance with applicable Australian Accounting

Standards, other authoritative pronouncements of the

Australian Accounting Standards Board (AASB), Urgent

Issues Group (UIG) Consensus Views, the requirements

of the Public Finance and Audit Act, 1983, and its

Regulations, and the Treasurer’s Directions.

Where there are inconsistencies between the above






The financial statements are prepared in accordance

with the historical cost convention. All amounts

are rounded to the nearest one thousand dollars and

are expressed in Australian currency. The accounting

policies adopted are consistent with those of the

previous year.

The Registry has received a direction from NSW

Treasury under Section 45E of the Public Finance and

Audit Act to require the Registry’s financial statements

to be prepared in accordance with the statutory body

requirements as outlined in the Act and Regulation.

(c) Employee Entitlements


and On-Costs

Liabilities for wages and salaries are recognised and

measured as the amount unpaid at the reporting

date at current pay rates in respect of employees’

services up to that date.









expenses where the employee entitlements to which

they relate have been recognised.


The Registry became a commercial entity as of 30

June 1992. The Crown Entity assumed all Long

Service Leave and Superannuation liabilities prior to

this time. As of 30 June 1992 the Registry assumed

the ongoing liabilities. The Registry contributes to

the NSW Treasury’s Long Service Leave pool, and to

the three schemes run by the Superannuation

Administration Corporation (refer to Note 10).

The Treasury “pool” account administers the Long

Service Leave Provision for agencies and commercial

activities whose liabilities were previously assumed

by the Crown Entity due to their being part of the

Budget Sector. Contributions made to Treasury are

included in Salaries and Related Expenses. In

accordance with AAS 30 “Accounting for Employee

Entitlements” and Treasury Circular 95/10 the total

liability has been recognised as a provision and an

offsetting asset has been recognised as “Receivables

– long service leave”. The nominal valuation method

has been used to assess the liability as at 30 June

2001 because it would not result in material

variance to the present value method.

(d) Insurance

The Registry’s insurance activities are conducted

through the NSW Treasury Managed Fund Scheme of

self insurance for Government agencies. The expense


on past experience.

(e) Acquisitions of Assets


recording of all acquisitions of assets controlled by the

Registry. Cost is determined as the fair value of the

assets given as consideration plus the costs incidental

to the acquisition.

Assets acquired at no cost, or for nominal

consideration, are initially recognised as assets and

revenues at their fair value at the date of acquisition.

Fair value means the amount for which an asset could

be exchanged between a knowledgeable, willing buyer

and a knowledgeable, willing seller in an arm’s length

transaction.

(f) Plant and Equipment




(g) Depreciation of Non-Current Physical Assets

Depreciation is provided for on a straight line basis for



life to the entity.





The depreciation rates used for each class of assets are

as follows:-


• Buildings 2.86%




• Software 25%

• Air conditioning 6.67%

(h) Financial Instruments


both a financial asset of one entity and a financial

liability (or equity instrument) of another entity. For the

Registry these include cash, receivables, payables,

dividends and Treasurer’s advance.

In accordance with AAS 33 “Presentation and

Disclosure of Financial Instruments”, information is

disclosed in Note 13, in respect of the credit risk and

interest rate risk of financial instruments. All such

amounts are carried in the accounts at net fair value

unless otherwise stated. The specific accounting policy

in respect of each class of such financial instrument is

stated hereunder.


• cash

• receivables

• accounts payable

• dividends payable

• Treasurer’s advance

All financial instruments including revenue, expenses

or other cash flows arising from instruments are

recognised on an accruals basis.

(i) Dividend/Contribution to Consolidated Fund

The NSW Government in its role as the sole

shareholder-owner of the Registry is entitled to a risk-

related reward by way of a return on equity. This reward

takes the form of a cash dividend. The determining

power for the payment of dividends resides with the

Treasurer under the Public Finance and Audit Act.

The provision for dividend of $1.842 million ($2.435

million in 1999/2000) as noted in the financial

statements is calculated in accordance with NSW

Treasury guidelines (Refer Note 10). The dividend is

calculated at 70% of net profit, before adjustment for

individually significant items (Refer Note 4).

(j) Revenue Recognition

Sales revenue

Sales revenue comprises revenue earned from the

provision of services to clients and other entities. Sales

revenue to clients is recognised upon receipt of

application for certificates and other services. Sales

revenue to other entities is recognised when the fee in

respect of services provided is receivable.

Interest income

Interest income is recognised as it accrues.

Asset sales

The gross proceeds of asset sales are included as

revenue of the entity. The profit or loss on disposal of

assets is brought to account at the date an

unconditional contract of sale is signed.

Other revenue

Other revenue comprises income received from non-core

activities and is recognised when the fee in respect of

these activities is receivable.

(k) Accounting for the Goods and Services Tax (GST)






acquisition of an asset or as part of an item of

expense; and


of GST included.

(l) Maintenance and Repairs


incurred, except where they relate to the replacement

of a component of an asset, in which the costs are


(m)Receivables

Trade debtors are required to settle within thirty days. Bad

debts are written off in the period they are identified. The

Registry considers that the carrying amounts of trade and

other debtors approximate their net fair value. An estimate

for doubtful debts is made when collection of the full

amount is no longer probable. No bad debts or provisions

for doubtful debts appear in the current financial report

nor for that of the previous year.




140



141

(n) Payables


recognised when the Registry becomes obliged to make

future payments as a result of a purchase of goods or

services. Accounts payables are generally settled within

agreed payment terms ranging from seven to thirty days.

The Registry considers the carrying amounts of trade and

other accounts payable approximate their net fair value.

(o) Reclassification of Financial Information




Performance (previously known as the Income and


Position (previously known as the Balance Sheet) has

been amended. As a result of applying these accounting

standards, a number of comparative amounts were

represented or reclassified to ensure comparability with

the current reporting period.

(p) Borrowing Costs and Interest Bearing Liabilities

Borrowing costs are recognised as expenses in the

period in which they are incurred. All loans are valued

at current capital value.

(q) TCorp Hour-Glass Investment Facilities

The Registry has investments in TCorp’s Hour-Glass

Investment facilities. The Registry’s investments are

represented by a number of units in managed

investments within the facilities. Each facility has

different investment horizons and comprises a mix of

asset classes appropriate to that investment horizon.

TCorp appoints and monitors fund managers and

establishes and monitors the application of appropriate

investment guidelines. Treasury Circular 01/07 required

the Treasurer’s approval to hold investments outside the

Treasury Banking System by the 30th June 2001. While

the Registry applied for approval before the 30th June,

the approval was not granted until the 19th July 2001.

2001 2000$000 $000

The Registry's investments are:

Cash Facility 1,775 1,674

Cash Plus Facility 1,776 1,677

3,551 3,351

These investments are generally due to be redeemed

with up to five business days notice (dependent upon

the facility). The value of the investments held could

decrease as well as increase depending upon market

conditions. The value that best represents the maximum

credit risk exposure is the net fair value.

(r) 2000 Sydney Olympic Games and Paralympic Games

– Staff Costs

Staff seconded to other agencies on initiatives directly and

specifically related to the Games


(0 in 1999/2000);

Total staff costs – $.011 million

($0.00 million in 1999/2000).

2. REVENUE 2001 2000$000 $000

(a) Revenue from operating activities


Birth certificates 6,882 6,741

Death certificates 1,846 1,891

Marriage certificates 703 792

Change of name certificates 1,083 1,155

Marriage services 350 386

Genealogical fees 623 395

Searches 161 164

Local Court revenue 892 919

Other 768 407

13,308 12,850

(b) Revenue from outside operating activities

Interest income 328 328

Other 81 94

409 422

3. EXPENDITURE

(a) Employee related expenses

Salaries and wages 4,515 4,707(including recreation leave)

Superannuation entitlements 1,420 (1,971)(refer Note 4)

Payroll & fringe benefits tax 296 313


Workers compensation 32 59insurance

6,491 3,158

(b) Other operating expenses

Advertising & publicity 250 65

Auditor's remuneration 18 17– audit of the financial report

Bank charges 77 63

Electricity 12 2

Fees 887 846

Consultancy 113 121

Fees – Agency staff 1,092 371

General expenses 30 23

Insurance 6 5

Interpreters and translators 2 1


3. EXPENDITURE (CONT’D) 2001 2000$000 $000

Lease/Hire of Equipment 17 10Loss on sale of property 13 1Motor vehicles 8 13Postage 389 279Printing 129 436Publications 8 9Rates & charges 34 31Removal costs 1 2Rental 768 764Staff expenses & training 147 112Stores 256 238Telephone 411 281Travel 58 34

4,726 3,724

(c) Depreciation:Computer equipment 358 433Plant & equipment 43 41Furniture & fittings 33 24Software 413 75Air conditioning 3 3Leasehold improvements 12 12

862 588

4. INDIVIDUALLY SIGNIFICANT ITEMSThis comprises a charge to employee related expensesin 2000/2001 of $1.304 million (credit of $2.246million in 1999/2000) reflecting a reduction in the netsuperannuation reserves of the Registry. This resultsfrom an assessment issued by the SuperannuationAdministration Corporation that the Registry had totalprepaid superannuation contributions of $3.215 millionas at 30 June 2001 ($4.519 million as at 30 June2000) (refer Note 6).

5. CURRENT ASSETS – CASH ASSETSCash at bank and on hand 1,488 3,073Deposits – TCorp Hour-GlassInvestment Facilities

TCorp Cash Facility 1,775 1,674TCorp Cash Plus Facility 1,776 1,677

5,039 6,424

For the purposes of the Statement of Cash Flows, cash

includes cash at bank, investments in the TCorp Hour-

Glass Investment facilities and cash on hand. Cash at

the end of the financial year as shown in the Statement

of Cash Flows is reconciled to the related items in the

Statement of Financial Position as follows:-

Cash Assets (per Statementof Financial Position) 5,039 6,424

Closing cash and cash equivalents(per Statement of Cash Flows) 5,039 6,424

6. CURRENT/NON-CURRENT ASSETS– RECEIVABLES

2001 2000$000 $000

Current

Trade debtors 196 95

Other debtors

Interest receivable 44 74

Prepayments 122 95


Other 277 13

873 471

Non-Current

Other debtors

Prepayment of superannuation 3,215 4,519(refer Note 10)

Long service leave 937 1,049

4,152 5,568

The movement in the prepayment of superannuation is

as follows:


Adjustment in respect of actuarialvaluation in prepaymentfor the year (1,304) 2,246


The movement in the provision of long service leave is

as follows:


Transfer to current receivables (234) (194)

Increase in liability to 122 106be recouped

Balance at the end of the 937 1,049financial year




142



143

7. NON-CURRENT ASSETS – PROPERTY, PLANT AND EQUIPMENT2001 Computer Furniture Plant & Leasehold Air

Land Buildings Equipment & Fittings Equipment Impr. Software Condition Total$000 $000 $000 $000 $000 $000 $000 $000 $000

At Cost

Balance 1 July 2000 0 0 3,865 270 251 122 1,393 47 5,948

Additions 1,750 3,225 501 488 25 0 1,058 0 7,047

Disposals 0 0 303 0 27 0 0 0 330

Balance 30 June 2001 1,750 3,225 4,063 758 249 122 2,451 47 12,665

Accumulated Depreciation

Balance 1 July 2000 0 0 3,067 85 159 30 122 14 3,477

Depreciation for the year 0 0 358 33 43 12 413 3 862

Write-back on Disposal 0 0 296 0 20 0 0 0 316

Balance 30 June 2001 0 0 3,129 118 182 42 535 17 4,023

Written Down Value

At 30 June 2001 1,750 3,225 934 640 67 80 1,916 30 8,642

2000 Computer Furniture Plant & Leasehold AirLand Buildings Equipment & Fittings Equipment Impr. Software Condition Total

$000 $000 $000 $000 $000 $000 $000 $000 $000

At Cost

Balance 1 July 1999 0 0 3,422 245 208 122 204 47 4,248

Additions 0 0 496 25 48 0 1,189 0 1,758

Disposals 0 0 53 0 5 0 0 0 58

Balance 30 June 2000 0 0 3,865 270 251 122 1,393 47 5,948


Balance 1 July 1999 0 0 2,686 61 123 18 47 11 2,946

Depreciation for the year 0 0 433 24 41 12 75 3 588

Write-back on Disposal 0 0 52 0 5 0 0 0 57

Balance 30 June 2000 0 0 3,067 85 159 30 122 14 3,477

Written Down Value

At 30 June 2000 0 0 798 185 92 92 1,271 33 2,471

The Registry believes that the written down value of these assets (other than the backcapture database) is a reasonable

reflection of their market value as at 30 June 2001.

Computer equipment and software include the backcapture database of $4.577 million ($3.484 million in 1999/2000) with

accumulated depreciation of $2.777 million ($2.335 million in 1999/2000) as at 30 June 2001. This involved the creation

of records from paper form into an electronic database of birth, death and marriage records dated pre 1952. The value and

the estimated useful life of the backcapture database are currently under review.

The Registry continues to derive service potential and economic benefits during 2001 from the following fully depreciated assets:

Original Costs $000’s

80 items of computer equipment 2,515

14 items of plant and equipment 114

2 items of furniture and fittings 8

3 items of software 16

Total 2,653

It is considered that this equipment has no significant market value.




144

8. CURRENT LIABILITIES – PAYABLES2001 2000$000 $000

Creditors 630 195Other 10 17

640 212

9. CURRENT / NON-CURRENT LIABILITIES – INTEREST BEARING LIABILITIESUnsecured

Treasury advances repayable 4,500 04,500 0

The Registry has received an advance of $4.5 million from NSW Treasury. Interest was calculated based on the TCorp six year bond rate. The interest rate for the term is 5.88%. Weighted average interest for the year was 5.88%. The Registryexpects to repay Treasury Advances as follows:

Repayment of BorrowingsNot later than one year 0 0Between one and five years 3,300 0Later than five years 1,200 0Total borrowings at face value(excluding finance leases) 4,500 0

Represented by:Current Liability 0 0Non-Current Liability 4,500 0

4,500 0

The Registry can repay all or part of the principal earlier than the maturity date, on the 15th of any month during its term.A condition under Section 8A of the PAFA Act states that the Registry cannot sell, lease or sub-lease 35 Regent StreetChippendale during the term of the Treasury Advance, without the Treasurer’s prior permission.

10.CURRENT / NON-CURRENT LIABILITIES – EMPLOYEE ENTITLEMENTS AND OTHER PROVISIONS

CurrentEmployee Entitlements

Recreation Leave 372 360Accrued salaries and wages 105 93Long service leave 234 194

711 647Other provisions

Dividends – Amount owed to NSW Treasury 1,842 2,435

1,842 2,435

Total current employee entitlements and other provisions 2,553 3,082

Non-CurrentEmployee EntitlementsLong service leave 937 1,049

937 1,049

Total non-current employee entitlements and other provisions 937 1,049

Total employee entitlements and other provisions 3,490 4,131




145

The Registry has been responsible for superannuation contributions from the 1993/94 financial year. Prior to this all

liabilities were assumed by the Crown Entity.

An amount of $0.116 million ($0.274 million in 1999/00) was charged to the expense account within employee related

expenses and represents the contributions paid by the Registry to the superannuation schemes (Refer Note 3(a)).

The status of the superannuation reserves is given below:


$000 $000 $000 $000 $000


Less: Actuarial Gross Past 1,303 672 3,849 5,824 5,105Service Liability

Superannuation Assets 583 371 2,261 3,215 4,519


(ii) SANCS – State Authorities Non – Contributory Superannuation Scheme


The liability for the various schemes is based on an assessment by the William M Mercer actuary for the defined benefit

schemes administered by the Superannuation Administration Corporation for the financial year ending 30 June 2001.

Payments are made to the Superannuation Administration Corporation to reduce the superannuation liability. These

payments are held in Investment Reserve Accounts.

Any unfunded superannuation liability is recognised as a liability in the statement of financial position. Amounts

representing prepaid superannuation contributions are recognised as an asset (refer Note 6).

The economic assumptions used are based on information provided by the Superannuation Administration Corporation and

are as follows:

2001/02 2002/03 2003/04% pa % pa % pa

Investment Return 7.0 7.0 7.0

Salary Growth Rate 3.0 6.5 4.0

Consumer Price Index 2.5 2.5 2.5


2001 2000$000 $000

Balance at the beginning of the financial year 2,435 2,372

Increase in provision for the year 1,842 2,435

Dividends paid (2,435) (2,372)


The balance to Treasury of the provision for dividend is payable to Treasury in accordance with Note 1(i).

11.CHANGES IN EQUITYRetained Earnings

Balance at the beginning of the financial year 10,591 7,303

Total changes in equity recognised in the statement of financial performance 1,327 5,723

Transactions with owners as owners

Dividend (1,842) (2,435)



12.RECONCILIATION OF NET CASH PROVIDED BY OPERATING ACTIVITIES TO SURPLUS2001 2000$000 $000

Surplus for the year from ordinary activities 1,327 5,723

Depreciation 862 588

Net loss on sale of non-current assets 13 1

Increase/(Decrease) in provisions (49) 77

Increase/(Decrease) in creditors 428 (35)

Decrease in non-current asset accrual 0 101

Increase in prepayments (27) (2,278)

(Increase)/Decrease in receivables 1,041 (27)

Net cash provided by operating activities 3,595 4,150

13.FINANCIAL INSTRUMENTS(a) Interest Rate Risk


The Registry’s exposure to interest rate risks and the effective interest rates of financial assets and liabilities, both

recognised and unrecognised at the balance date, is as follows:

Totalcarrying

Fixed interest rate maturing in:- amountas per the

Floating More Non- statement Effectiveinterest 1 year Over 1 to than 5 interest of financial interest

2001 rate or less 5 years years bearing position rate$000 $000 $000 $000 $000 $000 %

Financial Assets

Cash 1,481 0 0 0 7 1,488 4.38

TCorp Hour-Glass

Investment facilities:

Cash Facility 1,775 0 0 0 0 1,775 5.84


3,551 0 0 0 0 3,551

Total Cash Assets 5,032 0 0 0 7 5,039

Receivables 0 0 0 0 639 639

Total financial assets 5,032 0 0 0 646 5,678


Payables 0 0 0 0 640 640

Dividends payable 0 0 0 0 1,842 1,842

Treasurer's advance 0 0 3,300 1,200 0 4,500 5.88

Total financial liabilities 0 0 3,300 1,200 2,482 6,982




146



147

Totalcarryingamount

as per theFloating Non- statement Effectiveinterest interest of financial interest

2000 rate bearing position rate$000 $000 $000 %

Financial Assets

Cash 3,066 7 3,073 4.44

TCorp Hour-Glass Investment facilities:

Cash Facility 1,674 0 1,674 5.37

Cash Plus Facility 1,677 0 1,677 5.35

3,351 0 3,351

Total Cash Assets 6,417 7 6,424

Receivables 0 277 277

Total financial assets 6,417 284 6,701


Accounts payable 0 212 212

Dividends payable 0 2,435 2,435

Treasurer's Advance 0 0 0


Effective interest rate is shown on an annualised basis.

(b) Credit Risk

Credit risk is the risk of financial loss arising from another party to a contract/or financial position failing to discharge

a financial obligation thereunder. The Registry’s maximum exposure to credit risk is represented by the carrying amounts

of the financial assets included in the statement of financial position.

The Registry does not have any significant exposure to any individual debtor or creditor.

(c) Net Fair Value

The net fair value of cash and cash equivalents and non-interest bearing monetary financial assets and financial liabilities



14.COMMITMENTS FOR EXPENDITURE2001 2000$000 $000




Later than one year but not later than 5 years 0 0

Later than 5 years 0 0

33 0

(b) Other Expenditure Commitments

Aggregate other expenditure contracted for at balance date and not provided for:




43 0

(c) Operating Lease Commitments





545 202

These operating lease commitments are not recognised in the financial statements as liabilities. They relate to premises

leased at Thomas Street, Haymarket and Tudor Street, Hamilton.

(d) Contingent Assets

The total “Capital Commitments”, “Other Expenditure Commitments” and “Operating Lease Commitments” above includes

input tax credits of $0.024 million ($0.002 million in 1999/2000) that are expected to be recoverable from the ATO.

15.UNCLAIMED MONEYSAll moneys unclaimed are forwarded to the Treasury for credit of the Consolidated Fund and are available for refund from

that account. No unclaimed moneys have been held in the accounts of the Registry.

16.CONTINGENT LIABILITIESThe Registry has no contingent liabilities as at 30 June 2001.





148



149

FINANCIAL STATEMENTS Legal Practitioners Admission Board

150 Attorney General’s Department of NSW Annual Report 2000-2001

Notes 2001 2000$ $

Revenue

Registration fees 79,080 84,160

Admission fees 467,250 451,850

Examination fees 328,376 371,741

Academic Exemption 44,800 41,720

Other fees 126,274 142,486

Interest 102,924 83,210

Other Revenue 17 114,173 104,225

Total Revenue 1,262,877 1,279,392

Expenditure

Employee & other related expenses 8 471,460 440,706

Long Service Leave 16,958 6,661

Superannuation 11 119,150 29,626

Fees for services rendered 9 162,370 194,239

Other expenses 10 239,799 247,346

Audit fees 11,900 11,750

Depreciation 9,766 22,282

Total Expenditure 1,031,403 952,610

Profit from Ordinary Activities 231,474 326,782

Total Revenue, Expense and Valuation Adjustments recognised directly in Equity – –

Total changes in Equity other than those resulting from transactions with owners as owners 231,474 326,782

The above statement should be read in conjunction with the accompanying notes which form an integral part of these accounts.



151




152

Notes 2001 2000$ $

ASSETS

Current Assets

Cash assets 2 1,665,358 990,432

Other financial assets 3 966,393 903,315

Receivables 4 89,689 25,187

Total Current Assets 2,721,440 1,918,934

Non-Current Assets

Plant & Equipment 5 9,300 19,066

Receivables 4, 11 296,629 182,456

Total Non-Current Assets 305,929 201,522

Total Assets 3,027,369 2,120,456

LIABILITIES

Current Liabilities

Provisions 7 52,910 32,251

Payables 6 1,096,262 469,022

Total Current Liabilities 1,149,172 501,273


Provisions 7 102,168 74,628


Total Liabilities 1,251,340 575,901

Net Assets 1,776,029 1,544,555

EQUITY

Retained Earnings 12 1,776,029 1,544,555



153

Notes 2001 2000INFLOWS INFLOWS

(OUTFLOWS) (OUTFLOWS)$ $


Receipts

Registration fees 79,080 84,160

Admission fees 467,250 451,850

Examination fees 326,276 348,831

Academic Exemption 44,800 41,720

Other fees 126,590 142,486

Interest Received 111,549 79,539

Student Tuition Fees 6 762,027 181,859

Other Revenue 106,592 _

Total Receipts 2,024,164 1,330,445

Payments

Employee & other related expense (504,910) (463,083)

Fees for services rendered (178,210) (215,485)

Other expenses (238,657) (255,564)

Student Tuition Fees paid to University of Sydney 6 (181,859) (217,019)

Payments – Other (182,524) –

Total Payments (1,286,160) (1,151,151)

Net cash provided by operating activities 13 738,004 179,294


Payments for purchase of investments (63,078) (41,864)

Payments for purchase of plant & equipment – (16,491)

Net cash (used in) investing activities (63,078) (58,355)

NET INCREASE IN CASH HELD 674,926 120,939

Cash at the beginning of the year 990,432 869,493

CASH AT THE END OF THE YEAR 2 1,665,358 990,432







154


(a) The Reporting Entity

The Legal Practitioners Admission Board was formed

on 1 July 1994 and its role involves the examination

of Students-at-Law, the approval of properly qualified

persons for Admission as Legal Practitioners and the

approval of properly qualified persons for Appointment

as Public Notaries.

The Legal Practitioners Admission Board replaced the

Barristers and Solicitors Admission Boards. The new

Board, which is constituted under s. 9 of the Legal

Profession Reform Act 1993, took over all of the assets

and liabilities of the Barristers and Solicitors Admission

Boards as at 1 July 1994.

(b) Accrual Accounting Basis

The Board’s financial statements are a general purpose

financial report which has been prepared on an accruals

basis and in accordance with applicable Australian

Accounting Standards, other authoritative

pronouncements of the Australian Accounting Standards

Board (AASB), Urgent Issues Group (UIG) Consensus

Views and the requirements of the Public Finance and

Audit Act and Regulations. The Statement of Financial

Performance and Statement of Financial Position have

been prepared on a full accrual accounting basis. The

Statement of Cash Flows has been prepared on a cash

basis using the "direct" method.

The Financial Report is prepared in accordance with the

historical cost convention. All amounts are rounded to the

nearest dollar and are expressed in Australian currency.

(c) Financial Instruments

A financial instrument is any contract that gives rise

to both a financial asset of one entity and a financial

liability or equity instrument of another entity. For the

Board these include cash, accounts receivable,

investments and accounts payable.

Financial instruments are carried in the accounts at

net fair value unless otherwise stated. All financial

instruments are recorded at cost and are recognised

on an accrual basis.

(d) Cash

Cash comprises cash on hand and bank balances. Interest

is earned on the Cash Management account. The Weighted

Average Effective Interest Rate on the Cash Management

account was 4.95% computed on a monthly basis.

(e) Receivables

Receivables are recognised and carried at the original

invoice amounts less a provision for any doubtful debts.

An estimate for doubtful debts is made when collection

of the full amount is no longer probable. Bad debts are

written off as incurred. The credit risk is the carrying

amount (net of any provision for doubtful debts). No

interest is earned on trade debtors. The carrying amount

approximates net fair value.

(f) Other Financial Assets

All other financial assets held by the Board are short term

investments which are invested from three months to six

months. Investments are stated at cost which approximates

net fair value. The Weighted Average Effective Interest

Rate was 5.81% computed on a monthly basis.

(g) Plant & Equipment

In accordance with the Attorney General's Department's

policy, items purchased with a value of $3,000 or more are

classified as plant & equipment and have been capitalised.

Depreciation is provided for on a straight line basis for



life to the entity. The Board has two classes of

depreciable assets: Computer Equipment and Office

Equipment. The depreciation rates applicable to each

of these are 33.3% for Computer Equipment, and 20%

and 25% for Office Equipment.

(h) Maintenance and Repairs


incurred, except where they relate to the replacement

of a component of an asset, in which case the costs

are capitalised and depreciated.

(i) Payables

These liabilities are recognised for amounts due to be

paid in the future for goods and services received,

whether or not invoiced. Amounts owing to suppliers

(which are unsecured) are settled in accordance with the

policy set out in Treasurer’s Direction 219.01. If trade

terms are not specified, payment is made no later than

the end of the month following that in which an invoice

or a statement is received. Treasurer’s Direction 219.01

allows the Minister to award interest for late payment.

(j) Goods and Services Tax (GST)

Revenues, expenses and assets are recognised net

of the amount of GST, except:


purchaser that is recoverable from the Australian


acquisition of an asset or part of an item of expenses

• Receivables and payables are stated with the

amount of GST included




155

(k) Employee Entitlements

• Wages and Salaries, Annual Leave, Sick Leave and

On-Costs

Liabilities for wages and salaries, annual leave and

vesting sick leave are recognised and measured as the

amount unpaid at the reporting date at current pay

rates in respect of employees’ services up to that date.

Unused non-vesting sick leave does not give rise to a

liability as it is not considered probable that sick







expenses where the employee entitlements to which

they relate have been recognised.

• Long service leave is measured on a nominal basis.

The nominal method is based on the remuneration

rates at year end for all employees with five or more

years of service. It is considered that this

measurement technique produces results not

materially different from the estimate determined by

using the present value basis of measurement.

(l) Revenue Recognition

Sales Revenue – Sales Revenue comprises revenue

earned from the provision of services to clients and

other entities. Sales revenue to clients is generally

recognised upon receipt of applications for: admission

as a legal practitioner; enrolment and registration of

students at law; and other services.

Interest Income – Interest income is recognised as

it accrues.

Asset sales – The gross proceeds of asset sales are

included as revenue of the entity. The profit or loss on

disposal of assets is brought into account at the date an

unconditional contract of sale is signed.

Other revenue – Other revenue comprises income

received from non-core activities and is recognised

when the fee in respect of these activities is receivable.

(m)Reclassification of Financial Information




Performance (previously known as Income and


Position (previously known as the Balance Sheet) has

been amended. As a result of applying these

accounting standards, a number of comparative



2. CASH ASSETSFor the purposes of the Statement of Cash Flows, cash

includes cash at bank, cash on hand and amounts held in

Cash Management Account. Cash at the end of the

reporting period as shown in the Statement of Cash Flows

is reconciled to the related items in the Statement of

Financial Position as follows:

2001 2000$ $

Cash at bank 148,040 111,183

Cash on hand 500 480

Cash Management Account 1,516,818 878,769

Closing Cash 1,665,358 990,432

The Cash Management Account balance includes an

amount of $762,027 ($181,859 in 1999-2000) (refer

Note 6) which represents the balance of Tuition Fees

due to the University of Sydney in respect of the

November 2000 to March 2001 and May 2001 to

September 2001 sessions. Interest on these funds was

retained by the Board

3. OTHER FINANCIAL ASSETSTerm Deposit – Colonial 477,657 448,937State Bank

Term Deposit – National 488,736 454,378Australia Bank

Total 966,393 903,315

4. CURRENT/NON-CURRENT ASSETS – RECEIVABLESCurrent

Prepayments 8,445 11,290

Debtors 5,629 13,897

GST Receivables 75,615 0

Total 89,689 25,187

Non-Current

Prepayment of superannuation 296,629 182,456(refer Note 11)

The movement in the prepayment of superannuation

is as follows:


Adjustment in respect of 114,173 104,225actuarial valuation in prepayment for the year





156

5. PLANT & EQUIPMENTComputer Office Total

Equipment Equipment$ $ $

At Cost

Balance at 1 July 2000 68,221 24,989 93,210

Additions 0 0 0

Disposals (672) (2,500) (3,172)

Balance at 30 June 2001 67,549 22,489 90,038


Balance at 1 July 2000 53,716 20,428 74,144

Depreciation for the year 7,199 2,567 9,766

Writeback on Disposals (672) (2,500) (3,172)

Balance at 30 June 2001 60,243 20,495 80,738

Written Down Value

At 30 June 2001 7,306 1,994 9,300

At Cost

Balance at 1 July 99 82,989 24,989 107,978

Additions 16,491 0 16,491

Disposals (31,259) 0 (31,259)

Balance at 30 June 2000 68,221 24,989 93,210


Balance at 1 July 1999 65,562 17,559 83,121

Depreciation for the year 19,413 2,869 22,282

Writeback on Disposals (31,259) 0 (31,259)

Balance at 30 June 2000 53,716 20,428 74,144

Written Down Value

At 30 June 2000 14,505 4,561 19,066

The Board continues to derive service potential and economic benefits from the following fully depreciated assets:

Original Cost$

• 3 items of office equipment 12,688

• 23 items of computer equipment 51,058

63,746


6. PAYABLES2001 2000

$ $

Tuition Fees (a) 762,027 181,859

Examination fees (b) 165,900 168,000

Prizes (c) 3,055 2,980

Sundry Accruals 29,527 34,889

Accrued Employee & 135,753 81,294Related Expenses (d)

Total 1,096,262 469,022

a. The tuition fees are payable to the University of

Sydney, being the balance of fees paid to the Board

by students who enrolled for the November 2000 to

March 2001 session and May 2001 to September

2001 session. It includes GST amounting to

$59,186. The Board accumulates fees on behalf of

the University and transfers those fees during the

term to which they relate.

b. Examination fees received by the Board for the May

2001 to September 2001 session are not recognised

as income until the conclusion of examinations in

September 2001.

c. The funds for prizes have been established by

donations.

d. All payroll and related expenses, with the exception

of payments to some casual examination staff and

other temporary staff employed by the Board, are

initially paid by the New South Wales Attorney

General’s Department which then seeks

reimbursement from the Board.

7. PROVISIONSThe movement in the provision for employee recreation

leave and long service leave is as follows:

Current Liability

Recreation Leave Balance 1 July 32,251 43,307

Increase/(Decrease) in provision 20,659 (11,056)

Balance 30 June 52,910 32,251

Non-Current Liability

Long Service Leave Balance 1 July 74,628 71,321

Increase in provision 27,540 3,307

Balance 30 June 102,168 74,628


8. EMPLOYEE & OTHER RELATED EXPENSES

2001 2000$ $

Salaries and Allowances 406,883 378,962

Recreation Leave 29,586 25,621

Payroll Tax & FBT 32,561 31,946

Worker’s Compensation Insurance 2,430 4,177

Total 471,460 440,706

9. FEES FOR SERVICES RENDEREDComputer Services 22,731 32,636

Examination Related Expenses 100,254 107,673

Attorney General’s Dept. 21,784 21,784– Administration Fees

Legal Services 13,891 11,309

Miscellaneous Fees 3,710 20,837

Total 162,370 194,239

10.OTHER EXPENSESLease – Office Premises 69,559 57,456

Rental – Examination Venues 46,385 54,206

Printing 29,178 29,857

Postage & Freight 28,683 27,523

Telephone 15,616 17,429

Computer Related Expenses 1,205 5,712

Records Storage Cost 15,136 14,729

Maintenance Contracts 3,294 3,938

Miscellaneous 30,743 36,496

Total 239,799 247,346




157



158

11. SUPERANNUATIONAn amount of $119,150 was charged to superannuation expenses. In the previous year, the Board had a superannuation

expense of $29,626. The surplus funding in the Reserve Account Balance is shown as Prepaid superannuation (Non-

Current Assets) in the Statement of Financial Position. The status of the superannuation reserves is given below:

SASS(a) SANCS(b) SSS(c) TOTAL TOTAL2001 2000

$ $ $ $ $

Accrued Liability (170,767) (68,583) (271,165) (510,515) (449,638)

Estimated Reserve Account closing balance 258,079 91,032 458,033 807,144 632,094as at 30 June 2001

(Net Liability)\Prepaid Contributions 87,312 22,449 186,868 296,629 182,456

(a) SASS – State Authorities Superannuation Scheme

(b) SANCS – State Authorities Non-Contributory Superannuation Scheme

(c) SSS – State Superannuation Scheme

The 2001 assessment of SSS, SASS and SANCS is based on the full requirements of AAS25. The financial assumptions

that have been applied for the calculations are:

2001/02 2002/03 2003/04% % %

Rate of interest return 7.0 7.0 7.0

Rate of salary increase 3.0 6.5 4.0

Rate of increase in CPI 2.5 2.5 2.5

Assumptions with regard to rates of mortality, resignation, retirement and other demographics are those used for the 2000

triennial valuation.

The liability for the various schemes is based on an assessment by the William M Mercer actuary for the defined benefit

schemes administered by the Superannuation Administration Corporation for the financial year ending 30 June 2001.


12.CHANGES IN EQUITY2001 2000

$ $

Retained Earnings

Balance at the beginning of 1,544,555 1,217,773the financial year

Total changes in equity 231,474 326,782

recognised in the statement

of financial performance

Balance at the end of the 1,776,029 1,544,555financial year

13.NOTE TO THE STATEMENT OF CASH FLOWSReconciliation of Net Cash provided by Operating

Activities to profit from ordinary activities.

Profit from Ordinary Activities 231,474 326,782

Depreciation Expense 9,766 22,282

(Increase) in Prepayments (111,328) (110,613)

(Increase) in Receivables (67,347) (3,975)

Increase/(Decrease) in Provisions 48,199 (7,749)

Increase/(Decrease) in Payables 627,240 (47,433)

Net cash provided by 738,004 179,294operating activities

14.COMMITMENTS FOR EXPENDITUREThe Board has the following commitments:-

Aggregate non-cancellable operating lease expenditure

contracted for at balance date but not provided for in

the accounts:

Not later than one year 83,160 15,196

Later than one year and not 187,110 0later than 5 yearsLater than 5 years 0 0

Total 270,270 15,196

Lease commitments are based on current rental rates

and includes GST. The only existing lease will expire

on 30 September 2004.

15.CONTINGENT ASSETSInput tax credits of $24,570 are expected to be

recoverable from the ATO. In the previous year the Board

had an amount of $20,950 due to input tax credit.

16.CONTINGENT LIABILITIESThe Board is unaware of any matters which may lead

to any future contingent liability.

17.INDIVIDUALLY SIGNIFICANT ITEMThis comprises a credit of $114,173 resulting from

an assessment issued by the Superannuation

Administration Corporation that the Board had total

prepaid superannuation contributions of $296,629

as at 30 June 2001 (refer Note 11). In the previous

year, the Board has credit of $104,225 resulting

from an assessment issued by the Superannuation

Administration Corporation that the Board had total

prepaid superannuation contributions of $182,456

as at 30 June 2000.





159


APPENDICES

160

APPENDIX 1

Accounts payment performance

Quarter Total Accounts Paid on Time Total Amount Paid$000

Target % Actual % Current – $000

September 2000 100.00 99.11 69,903 70,531

December 2000 100.00 97.51 64,532 66,180

March 2001 100.00 97.52 64,521 66,162

June 2001 100.00 97.52 79,433 81,450

The department’s payment of accounts

performance indicators are derived from a sample

comparison of supplier invoice and payment dates.

This has been necessary as payment due dates are

not routinely maintained for all invoices.

The geographical spread and decentralised nature

of the department can cause delay in the

payment of accounts. However, some initiatives

that have been taken, including centralising

stores purchases and utility payments, will

improve payment times.

An aged analysis of overdue payments is not

available as all invoices are not currently recorded

immediately upon receipt.

There were no instances of penalty interest for late

payment during the year ended 30 June 2001.

APPENDIX 2

Code of Conduct

The department’s Code of Conduct was issued

in March 1997. The code is currently under

review to ensure it accurately reflects community

and departmental expectations of ethical conduct

and behaviour of employees and service providers

of the department. The review will also ensure

the code remains relevant and appropriate to

the operations of the department. Copies of the

March 1997 Code of Conduct are available from

the department's web site Lawlink NSW.

APPENDIX 3

Complaints handling

The focus of the department's client feedback

and complaints handling policy is the resolution

of matters at a local level. Where this is not

possible, the matter is referred to the Community

Relations Division. Consideration can also

be given to referral of a matter to mediation

at a Community Justice Centre. Where a

complaint is serious, recourse to external review

is appropriate.

It is proposed that a position be established which

would have responsibility for driving and

monitoring the department's client feedback and

complaints handling policy. In addition, an

electronic document management feasibility study

will be conducted this year. The study will

investigate introducing a department-wide

electronic system that will record, track and

manage complaints and client feedback.

Complaints in courts and tribunals

Dealing with complaint matters is a difficult and

complex area in justice administration because of

the high level of misunderstanding in the general

community about the respective roles and powers

of court administrators and judicial officers, and

lack of understanding about the independence of

judicial functions.

The nature of adversarial legal processes, and the

inherent problem of people who are not satisfied

APPENDIX 4

ConsultantsDetails of business centre, consultant and project Forecast project cost Expenditure for

01.07.2000 to30.06.2001

Anti Discrimination Board1. Taylor “D” People Solutions Fee for Service $30,459.48Anti Discrimination Education

Crime Prevention Division2. Southern Cross University $75,803.64 $75,803.64Evaluation of Drug Summit Initiative

3. Social Policy Research Centre $37,364.55 $37,364.55Evaluation of Drug Summit Initiative

4. Nexus Management Consulting $49,950.00 $49,950.00Part IV of the Children Act 1997 (NSW)

5. ARTD P/L $35,000.00 $35,000.00Evaluation of Young Offenders Mentoring Program

6. PPK Environment & Infrastructure $45,500.00 $45,500.00Part III of the Children Act 1997 (NSW)

7. University of NSW $87,235.45 $87,235.45Cannabis Diversion for Juvenile Offenders

Executive and Strategic Services8. Simsion Bowles & Associates $75,000.00 $68,181.82Legal Helpline

Financial Services9. Deloitte Touche Tohmatsu $301,885.00 $216,422.39GST Implementation

Information Technology10. KPMG Consulting Aust. P/L $87,229.00 $87,229.00Review of network facilities and architecture

Legal Resource and Referral Centre11. Simsion Bowles & Associates Fee for Service $68,045.46Legal Helpline

12. Opticon Consultancy Fee for Service $126,746.34Legal Helpline


APPENDICES

161

with the outcome of their case, furthercomplicates strategies for early and effectivecomplaint resolution because clients will havedeveloped entrenched and often inflexibleapproaches to their problem.

Complaints about our staff generally relate to thebehaviour of individual officers. For example,allegations of rudeness, ineffective assistance ora perceived lack of sensitivity.

Client feedback

All business centres within the departmentregularly conduct client surveys to determine the level of satisfaction, particularly in regard to staff performance and the quality of servicereceived. Following feedback received from the client surveys, business centres implementchanges aiming to improve satisfaction levels.


APPENDICES

162

Consultants (cont’d)

Details of business centre, consultant and project Forecast project cost Expenditure for01.07.2000 to

30.06.2001

Legislation and Policy Division13. Taylor Fry Consulting Actuaries Fee for Service $45,454.55

14. Jerold Cripps QC Fee for Service $32,483.47Land and Environment Court Review

Management Services

15. KPMG Consulting Pty Ltd $86,932.50 $84,020.00Review of IT Services

16. PriceWaterhouseCoopers $16,000.00 $51,176.80Telecommunications Diagnostics Project

Registry of Births, Deaths & Marriages

17. NSW Department of Public Works & Services $242,547.71 $242,547.71Managing purchase of new facilities

18. Fitzwalter & Associates $47,803.04 $47,803.04Coordinate and manage contractors

Supreme Court 19. DGR Consulting $44,993.18 $44,993.18Business planning

20. PK Information Systems $81,600.01 $81,600.01Software development

Violence Against Women21. Horizon Public Relations Pty Ltd $33,000.00 $42,524.83Community Education Program

22. Jameson Bowers Comer $200,000.00 $215,647.64Community Education Program

Total expenditure for the reporting period of 1 July 2000 to30 June 2001 for the engagement of consultancies over $30,000 $1,787,719.36

Total expenditure for the reporting period of 1 July 2000 to 30 June 2001 for the engagement of consultants under $30,000(representing 123 consultancies) $650,949.63

TOTAL $2,438,668.99


APPENDICES

163

APPENDIX 5

Contractors

The department contracts out many activities, in whole or in part, consistent with theGovernment’s Service Competition Policy.

A significant number of contracts (98) valued inexcess of $50,000 were in place during the year.These include functions such as informationtechnology, database development, capital works,

postal services, fleet management and payrollservices.

The total value of contracts over $50,000 in2000-2001 totalled $37,560,908.72 comparedto $33,669,716 in 1999-2000.

The department is committed to the adoption offurther opportunities for contracting out serviceswhich represent benefits and savings to thedepartment.

APPENDIX 6

Court statistics

ADMINISTRATIVE DECISIONS TRIBUNAL

General Equal Legal Community Retail AppealsOpportunity services Services Leases

Matters registered 350 111 38 60 107 53Matters disposed 358 118 34 37 82 45Pending as at 30 June 01 118 120 46 46 50 39

TimelinessNo disposed of in < 6 mths 280 42 5 29 67 20No disposed of in < 12 mths 64 28 10 2 14 16No disposed of in > 12 mths 14 24 11 4 1 9No disposed of in > 2 years 0 24 8 2 0 0

COMPENSATION COURT AND DUST DISEASES TRIBUNAL

1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Compensation Court

Matters registered 26,302 23,364 18,602 15,855 17,166 20,459 19,232Matters disposed 21,990 23,508 19,661 17,873 19,680 20,710 20,067Matters at hand at 30 June 21,395 21,251 20,192 18,174 15,660 15,409 14,574Average delay (weeks) 39 39 38 45 42 42 42

Dust Diseases Tribunal

Matters registered 169 207 202 227 179 256 413Matters disposed 191 179 222 219 237 222 348Matters at hand at 30 June 427 455 435 443 385 419 484*

* As at 30 June 2001, 810 Cross Claims are on hand (filed in connection with initiating process).


APPENDICES

164

DISTRICT COURT – CRIMINAL

Sydney 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Trials registered 680 788 783 733 586 695Trials disposed 744 766 749 840 890 735Matters on hand 645 678 712 621 321 296

Short matters registered 2,449 1,740 1,452Short matters disposed 2,398 1,952 1,488Short matters on hand 510 298 262

Sydney West 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Trials registered 680 946 1,121 790 617 542Trials disposed 744 872 1,048 1,139 833 596Matters on hand 645 572 854 503 290 237

Sydney West (cont’d) 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Short matters registered 2,456 2,808 2,299Short matters disposed 2,615 2,877 2,356Short matters on hand 521 452 395

Country 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Trials registered 1,149 1,116 1,276 1,121 1,012 759Trials disposed 1,062 864 1,099 1,286 1,130 1,137Matters on hand 777 1,008 1,195 1,016 891 497

Short matters registered 3,180 2,888 2,736Short matters disposed 3,431 3,299 2,918Short matters on hand 1,127 716 534

New South Wales 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Trials registered 2,775 2,889 3,180 2,644 2,215 1,996Trials disposed 2,678 2,536 2,896 3,265 2,853 2,468Matters on hand 1,994 2,467 2,761 2,140 1,502 1,030

Short matters registered 7,751 7,436 6,487Short matters disposed 8,070 8,128 6,762Short matters on hand 2,158 1,466 1,191

Compliance with Trial Time Standards

112 Days 6 Months 12 Months > 1 Year97-98 98-99 99-00 00-01 97-98 98-99 99-00 00-01 97-98 98-99 99-00 00-01 97-98 98-99 99-00 00-01

SydneyCustody 56% 52% 63% 66% 82% 85% 89% 87% 99% 98%100% 99% 1% 2% 0% 1%Bail 19% 12% 17% 40% 39% 26% 36% 56% 68% 55% 67% 75% 32% 45% 33% 25%

Sydney WestCustody 47% 45% 49% 75% 75% 74% 87% 89% 99% 98% 99% 99% 1% 2% 1% 1%Bail 19% 14% 17% 41% 37% 30% 37% 58% 71% 64% 67% 81% 29% 36% 33% 19%

112 Days 6 Months 12 Months > 1 Year97-98 98-99 99-00 00-01 97-98 98-99 99-00 00-01 97-98 98-99 99-00 00-01 97-98 98-99 99-00 00-01

CountryCustody 41% 52% 54% 51% 70% 81% 80% 75% 97% 98% 98% 99% 3% 2% 2% 1%Bail 11% 14% 13% 14% 25% 27% 25% 28% 62% 59% 54% 59% 38% 41% 46% 41%

NSWCustody 48% 50% 55% 63% 76% 80% 84% 83% 98% 98% 99% 99% 2% 2% 1% 1%Bail 16% 13% 16% 28% 33% 28% 34% 42% 67% 60% 62% 68% 33% 40% 38% 32%

DISTRICT COURT – CIVIL

Sydney 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Statements of claim 7,601 6,451 7,432 6,642 8,837 10,742Disposals 8,552 9,620 6,670 5,974 7,265 7,436Pending 10,222 5,106 6250 7,704 9,706 13,012

Sydney West 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Statements of claim 2,870 1,902 2,373 2,726 1,962 1,851Disposals 2,329 2,847 2,617 2,699 2,294 1,874Pending 4,692 2,823 1,915 1,797 1,502 1,493

Country 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01


NewSouth Wales 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01


NB: Figures are adjusted on the basis of regular stocktakes, hence inputs and outputs will not necessarily balance with pending figures.

Compliance Within Trial Time Standards

12 Months 18 Months 24 Months >24 Months98-99 99-00 00-01 98-99 99-00 00-01 98-99 99-00 00-01 98-99 99-00 00-01

Sydney 44% 54% 51% 62% 79% 78% 68% 89% 89% 32% 11% 11%Sydney West 58% 62% 73% 79% 85% 92% 86% 94% 98% 14% 6% 2%Country 54% 54% 46% 77% 82% 80% 85% 91% 91% 15% 9% 9%NSW 49% 56% 53% 69% 81% 81% 77% 90% 91% 23% 10% 9%

Civil Median Time from Commencement to Finalisation

1998-99 1999-2000 2000-01

Sydney 13.4 months 11.4 months 11.9 monthsSydney West 10.9 months 10.4 months 9.3 monthsCountry 11.3 months 11.6 months 12.7 monthsNSW 12.2 months 11.3 months 11.6 months


APPENDICES

165


APPENDICES

166

INDUSTRIAL RELATIONS COMMISSION

1997-98 1998-99 1999-00 2000-01

Cases on hand (as at 30 June) 5,501 4,458 4,369 3,058Total cases filed 7,366 6,828 6,789 7,652Total cases finalised 5,362 8,008 6,878 8,344

Median time (days) fromcommencement to finalisation

Industrial disputes 111 124 133 134Unfair dismissals 106 114 96 85Enterprise agreements 22 24 22 21Awards 32 49 84 92Unfair contracts 238 288 399 338Appeals 174 205 200 159Criminal prosecutions 305 366 292 463

Total Cases Resolved

Industrial Disputes 896 971 963 1,113Unfair Dismissals 2,847 4,795 3,518 4,114Enterprise Agreements 310 410 349 416Awards 625 836 1,165 1,754Unfair Contracts 145 335 306 467Appeals 95 115 106 93Criminal Prosecutions 216 265 258 191

LAND AND ENVIRONMENT COURT

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

CLASS 1Matters registered 876 780 902 1,020 1,291 1,143Matters disposed 1,068 931 932 978 1,269 1,400Matters on hand (as at 30 June) 377 351 447 608 770 674Median time from commencementto finalisation (months) 5 4 4 4 5 4

CLASS 2Matters registered 181 212 238 182 46 36Matters disposed 229 225 210 204 82 33Matters on hand (as at 30 June) 105 113 163 163 129 136Median time from commencement to finalisation (months) 5 2 3 3 3 3


1995-96 1996-97 1997-98 1998-99 1999-00 2000-01



CLASS 6Matters registered * 2 1 0 1 2Matters disposed * 1 0 1 1 2

Matters on hand (as at 30 June) * 2 1 0 0 0Median time from commencement to finalisation (months) * 6 6 6 6 1

CLASS 7Matters registered * * * * 0 0Matters disposed * * * * 0 0Matters on hand (as at 30 June) * * * * 0 0Median time from commencement to finalisation (months) * * * * n.a. n.a.

Note: Class 6 matters commenced in 1996/97.Class 7 matters commenced in 1999/00.n.a. – not available.

Class 1 – Environmental Planning and Protection Appeals Division. Class 2 – Local Government and Miscellaneous Appeals Division. Class 3 – Land Tenure, Valuation, Rating and Compensation Division. Class 4 – Environmental Planning and Protection: Civil Enforcement. Class 5 – Environmental Planning and Protection: Summary Criminal Enforcement. Class 6 – Appeals from convictions relating to environmental offences (appeals from magistrates in

local court prosecutions for environmental offences).Class 7 – Other appeals relating to environmental offences (appeals from magistrates in local court

prosecutions for environmental offences – prosecutor).

LOCAL COURTS1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

General Matters (Criminal) New matters 218,329 197,071 211,490 228,671 230,825 242,222 244,988 257,020Finalised matters 221,571 199,345 210,783 229,528 232,303 242,513 244,300 243,967Matters on hand (30 June) 18,587 19,779 20,496 22,309 24,378 25,141 27,423 39,235

Children's Court (Criminal)New matters 20,097 21,625 21,778 24,320 23,339 20,891 18,545 18,024Finalised matters 19,476 21,365 21,886 24,270 23,947 21,156 20,059 16,355


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APPENDICES

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1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Children's Court (Care)New matters 2,493 2,571 2,508 2,539 2,849 2,944 3,236 3,272Finalised matters 2,426 2,615 2,468 2,379 2,572 2,834 3,027 3,018

TOTAL, Children's Court MattersNew matters 22,590 24,196 24,286 26,859 26,188 23,835 21,781 21,296Finalised matters 21,902 23,980 24,354 26,649 26,519 23,990 23,086 19,373Matters on hand (30 June) 3,163 3,226 3,038 3,430 4,009 3,995 3,573 5,850

Family Law MattersNew matters 14,285 14,836 13,111 11,974 12,303 11,369 10,631 9,975Finalised matters 13,952 13,411 13,145 12,069 12,226 11,252 10,644 9,961Matters on hand (30 June) 1,458 1,190 1,115 1,145 1,168 1,177 1,088 1,132

Civil Claim, Small ClaimsNew matters n/a n/a 8,703 8,425 7,572 7,416 7,202 10,904Finalised matters n/a n/a 7,284 6,878 6,606 6,000 5,547 5,770Matters on hand (30 June) n/a n/a 1,110 2,082 3,044 4,320 5,673 10,509

Civil Claim, General DivisionNew matters n/a n/a 5,222 5,091 5,095 4,787 4,729 3,776Finalised matters n/a n/a 6,322 5,694 5,133 4,519 4,473 3,944Matters on hand (30 June) n/a n/a 1,217 2,064 2,102 2,379 2,584 2,384

TOTAL, Civil Claims MattersNew matters 28,506 28,801 13,925 13,516 12,667 12,205 11,931 14,680Finalised matters 30,100 31,827 13,606 12,572 11,739 10,519 10,020 9,714Matters on hand (30 June) 3,032 3,006 2,327 4,146 5,146 6,700 8,255 12,893Statement of Claims 196,953 186,624 197,097 192,703 198,614 204,125 175,390 170,681

Local Courts, All MattersNew matters 283,710 264,904 262,812 281,020 281,983 289,631 289,331 302,971Finalised matters 287,525 268,563 261,888 280,818 282,787 288,274 288,050 283,015Matters on hand (30 June) 26,240 27,201 26,976 31,030 34,701 37,013 40,339 59,110Median waiting time (weeks) 11 10 11 13 13 13 14 14

Apprehended Violence Matters

1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Applications issuedPersonal violence n/a 9,563 10,227 11,750 13,847 13,526 14,021 14,043Domestic violence n/a 21,634 23,879 27,707 25,821 23,555 22,392 33,295Total n/a 31,197 34,106 39,457 39,668 37,081 36,413 47,338

Apprehended Violence – Final Orders MadePersonal violence n/a n/a n/a n/a n/a n/a 7,402 6,726Domestic violence*** n/a 14,575 16,159 19,131 20,735 18,710 16,322 18,105

*** During 1994/95 – 1997/98, the number of Domestic Violence Final Orders made included conditional bail orders and final

orders made by court.

1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

After Hours Justice Services

Telephone interim order n/a 1,305 3,181 5,166 9,761 10,141 10,464 12,722Applications

Chamber Interview Service n/a 179,446 172,403 171,908 162,477 150,680 149,125 149,448

Supreme Court

COMMON LAW DIVISION

Criminal list

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

New matters 111 118 124 111 113 131Disposals 83 88 110 138 152 147Matters on hand (as at 30 June) 117 147 162 134 121 99Waiting time (months as at 30 June)1

Custody 18 17 16 13 13 9Bail 21 23 24 21 21 9

1 For 2000-2001 this figure represents median time from commencement to plea, verdict or other finalisation. For previous

years it represents median time from commencement to the first day of trial, which is a shorter period of activity.

Civil list 2

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

New matters 5,293 5,657 4,027 3,908 3,910 4,836Disposals3 2,264 2,247 4,5524 1,532 4,4325 4,937Matters on hand 6,233 5,838 2,571 2,484 3,053 4,895(as at 30 June)6

Waiting time (months, as at 30 June)7

Administrative Law List <12 <12 5-6 7-8 8 6Defamation List n/a n/a n/a n/a n/a 29Differential Case Management List n/a n/a n/a n/a n/a n/aPossession List (defended cases) n/a n/a n/a n/a n/a 7.7Possession List (default cases) n/a n/a n/a n/a n/a 7.3Professional Negligence List n/a n/a n/a n/a n/a 34.9Summons List n/a n/a n/a n/a n/a n/a

2 Prior to 2000-01 the figures do not include class action cases, and cases where the files were held at regional registries.

3 Prior to 1999-00 this figure does not include, for administrative law cases, settlements occurring before the allocation of

a hearing. Prior to 2000-01 this figure does not include matters disposed of by default judgment.

4 Includes proceedings transferred to the District Court following the commencement of the District Court Amendment Act

1997 (NSW).

5 Includes initial cull of inactive proceedings dismissed pursuant to Part 32A of the Supreme Court Rules.

6 Prior to 2000-2001, this figure does not include matters progressing to disposal by default judgment (1,433 matters in

2000-2001). Up to and including 1999-2000, class actions involved 4,236 cases (not included) and in 2000-2001 they

involved 582 cases (included).

7 This is the median time from commencement to finalisation. Prior to 2000-2001 the information on waiting time is not

available (n/a) because management reporting for separate lists had not been established. It is expected that separate

reporting for DCM List and Summons List cases will be available commencing 1 September 2001.


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APPENDICES

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EQUITY DIVISION

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

New matters 3,898 4,384 4,515 4,267 4,535 4,779Disposals8 1,573 2,043 2,410 2,460 2,918 4,941Matters on hand (as at 30 June)9 813 839 742 5,132 3,698 3,477Waiting time (months, as at 30 June)10

Admiralty List <12 6-9 6-9 6-9 9 12-15Commercial List 6-9 6-9 6-9 6-9 9 9-12Construction List 6-9 6-9 6-9 6-9 9 9-12Equity List11 <13 <17 <13 <15 <11 15-18

8 Prior to 1999-2000 this figure does not include settlements occurring before the allocation of a hearing in admiralty,commercial and construction cases. For 2000-2001 this figure represents the total number of disposals by all judicialofficers; in previous years the figure does not include disposals by judges and masters in Equity List cases.

9 From 1998-1999 onwards this figure represents the total number of pending cases. In previous years the figure does notinclude Equity List matters unless they had been case-managed by the registrar and were ready to be allocated a hearingbefore a judge or master.

10 This figure represents the estimated median time from commencement to finalisation except for Equity List cases prior to2000-2001, when it represents estimated time from establishment of readiness for hearing to the hearing date.

11 Includes Corporations List and contentious Probate List cases.

Probate List (non-contentious matters)

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Applications filed 19,805 20,053 20,574 20,051 19,424 20,962Grants made 20,728 21,131 21,936 21,811 22,058 22,821Time to grant applications 2 days 2 days 2 days 2 days 2 days 2 days

COURT OF CRIMINAL APPEAL

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Appeals lodged 776 761 753 850 902 879Appeals disposed 818 812 709 652 827 940Matters on hand (as at 30 June) 526 475 519 699 773 712Waiting time (as at 30 June)12 – – 10 weeks 14 weeks 10 weeks 9 months

12 For 2000-2001 this figure represents the median time from commencement to finalisation. For previous years the figurerepresents the median time from establishment of readiness for hearing to the hearing date. The overall time taken tofinalise criminal appeals varies widely depending upon the speed with which necessary documentation can be made availableto enable the grounds of appeal to be settled and the speed with which parties can then prepare the appeal for hearing.Figures were not available prior to 1997-1998.

COURT OF APPEAL

1995-96 1996-97 1997-98 1998-99 1999-00 2000-0113

Appeals lodged 792 753 791 696 659 512Appeals disposed 1121 917 795 816 714 543Matters on hand (as at 30 June) 924 713 709 622 567 421Waiting time (months, as at 30 June)14

General List 33.2 23.7 23-24 21-22 14 10Other Lists – – 10-16 7-8 6

13 For 2000-2001 the figures excludes holding appeals in which parties chose not to progress to filing a formal notice of

appeal. The waiting time represents the median time, for all lists, from lodgment of the appeal (or, if leave is required, the

summons for leave to appeal) to finalisation of the matter.

14 Prior to 1997-1998 this figure represents the time from establishment of readiness for hearing to the date of finalising the

matter. From 1997-1998 onwards, this figure represents the time from lodgment of the notice of appeal to the date of

finalisation.

COSTS ASSESSMENT SCHEME15

1995-96 1996-97 1997-98 1998-99 1999-00 2000-01

Applications lodged 2,146 2,661 2,763 2,566 2,415 2,336Applications assigned to assessors – – 2,852 2,527 2,359 2,310Matters disposed – – 1,916 2,014 2,449 1,984Matters on hand (as at 30 June) 198 143

15 The scheme commenced on 1 July 1994 and, from 1 July 1995, became the exclusive method of assessment of legal costs

for most NSW jurisdictions. Limited details only are available for 1995-1996 and 1996-1997 because computerised

information management reporting was not available during that period.


APPENDICES

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APPENDIX 7

Disability Strategic Plan 2000-2002

In June 2000 the department launched its second Disability Strategic Plan 2000-2002 (DSP), building onthe foundations of the first DSP. Below are highlights of the plan’s implementation.

1. SERVICES AND PROGRAMS

To provide and adapt services and programs to ensure that people with disabilities do not experiencediscrimination as either users of departmental services, as service providers or as staff, and have theirparticular needs for services and support acknowledged and met.

Key Performance Indicators

• The Disability Advisory Council (DAC) is satisfied with the department’s progressin implementing the DSP.

• The DSP Internal Steering Committee (ISC)provides a source of strategic and practicalcross-departmental consultation and advicefor the Coordinator, DSP.

• All business plans include strategies thatmitigate potential direct and indirectdiscrimination.

• Barriers are reduced and access to front lineprograms and services for people withdisabilities is improved through the FlexibleService Delivery Project.

Achievements

• Supported the DAC and ISC which bothmeet quarterly and provide strategic advice.

• Submitted periodic updates on the DSPimplementation to the DAC and ISC.

• Business centres incorporated disabilitystrategies within their business plans.

• Developed and disseminated a staff resource manual, ACCESSlink, providingflexible service delivery advice in printformat and electronically on the intranet, to front line staff for the provision ofaccessible services.

• Developed and launched the roll out of the flexible service delivery trainingprogram for 2001-2002 to include staff from 24 sites across the State, at a cost of $325,000.


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2. ACCESS TO THE JUSTICE SYSTEM

To adopt practices within the justice system which ensure that people with disabilities are treated equally by the law and have equal access to legal services.

3. ACCESS TO BUILDINGS AND FACILITIES

To provide and adapt buildings, facilities and services to ensure that people with disabilities do notexperience discrimination as either users of departmental services, as service providers or as staff, and have their particular needs for services and support acknowledged and met.


• Increased coordination and integration ondisability issues across justice and humanservice agencies.

• The department advances the legislativepolicy development process to implementthe Law Reform Commission’s Report #80.

• A range of practice improvements areinitiated by the department to assist peoplewith disabilities to receive equitabletreatment by the law.

• All direct and indirect discriminatory practicesin relation to people with disabilities who arecalled to jury service are removed.

Achievements

• Coordinated cross-government efforts todevelop draft Justice Portfolio: DisabilityStrategic Plan.

• The Committee on Intellectual Disability andthe Criminal Justice System released adiscussion paper on Witnesses withIntellectual Disabilities.

• Integrated recommendations from theStrategic Quality Team on how to ImproveAccess to Court Related Practices andProcedures for People with Disabilitieswithin DSP 2000-2002.

• Engaged in ongoing discussion with theJudiciary and Judicial Commission of NSWon disability issues.

• Prepared a submission to the CrownAdvocate for advice regarding people withdisabilities serving as jurors and prioritisedflexible service delivery training sites forDistrict Court locations.


• All Capital Works projects on buildings,fittings and furniture include strategies tocomply with Australian Standard 1428 part2 and the Disability Discrimination Act1998 (NSW).

• Funds for Capital Works expenditures withinthe Access Improvement Program areprovided and identifiable within the annualCapital Works submission to Treasury.

• A dedicated capital budget of at least$250,000 per annum is expended on theAccess Improvement Program.

Achievements

• Required explanation and exemption besought for any Capital Works projects whichdo not comply with Australian Standard1428 part 2.

• Enhanced access provisions at 12 courts,costing $740,000, including jury serviceaccess provisions.

• Completed the inclusion of courthouseaccess audit specifications into the DSP foraccess improvement works to courthouses.

• Included within Information TechnologyServices’ Strategic Plan the requirementthat all computer applications andinterfaces facilitate independent access.

4. COMMUNICATIONS

To provide effective means of communicating information about all our services and activities for peoplewith disabilities, and to enable them to communicate effectively before the courts and in departmentalprograms, through the use of appropriate communications practice, media and technologies.


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Key Performance Indicators (cont’d)

• Emergency procedures for buildingevacuation are reviewed and implementedby the end of 2000.

• All computer applications and interfacesaddress the access needs of people withdisabilities.

• There will be at least one accessible courtbuilding where a person with a mobilityimpairment can serve as a juror within eachjury district.

Achievements (cont’d)

• Began a review of jury districts to identifycourthouses where access provisions arecritical for the participation of people withmobility impairments.


• The Corporate Communications Strategy willensure our information is accessible topeople with disabilities by September 2000.

• Business centre managers and staff are ableto provide information in alternative formats.

• The department’s internet, intranet and e-commerce services are provided inaccessible formats and comply with W3C1

and Human Rights Equal OpportunityCommission guidelines by June 2000.

• Hearing assistance procedures will beevaluated for successful service provision by December 2000.

1 World Wide Web Consortium

Achievements

• Provided advice through ACCESSlink on howto provide mainstream information inaccessible and alternative formats.

• Continued courtroom acoustic audits acrossthe State. Recommendations for courtroomenhancements have been submitted toCapital Works.

• Began a review of workflow forms for e-commerce within the department in line with access requirements.

• Included new staff procedures in ACCESSlinkfor the ‘Infra-Red’ Hearing Assistance DeviceProgram and promoted the program to thehearing impairment community throughnewsletters and Lawlink NSW.


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5. EMPLOYMENT AND CAREERS

To develop policies and practices which meet the department’s responsibilities as an EEO employer,comply with the requirements of the NSW Anti Discrimination Act 1977 (NSW), and the DisabilityDiscrimination Act 1992 (Cmwlth), and which actively encourage employment, career opportunities and career progression for people with disabilities.

6. STAFF TRAINING

To ensure that staff of the department are adequately trained to provide effective and non-discriminatoryservices and employment options for people with disabilities.


• Discriminatory practices are removed fromjob requirements, employment conditions,human resource policies and practices.

• Percentage of staff with disabilities (as defined by the Office of the Director of Equal Opportunity in Public Employmentguidelines) who use reasonable adjustmentis increased to 4 per cent.

• There is an overall increase in motivation of staff with disabilities as measured by thedepartment’s employee survey.

Achievements

• Acknowledged significant issues identifiedby staff with disabilities within the employeesurvey and established a staff with disabilitynetwork.

• Integrated within job evaluations andemployment conditions, issues relating to people with disabilities.

• Promoted the Guidelines for RecruitingPeople with a Disability within severalbusiness centres who have employees withdisabilities and stated they would likedisability identified positions.

• Ensured staff with disabilities wereencouraged to participate on flexible servicedelivery teams.


• 35 per cent of department staff will haveparticipated in a disability awarenesstraining course by the end of 2002.

• Disability Awareness Training is provided forall managerial and supervisory staff by theend of 2002.

• All client service courses will includepractical components from the FlexibleService Delivery Project by March 2001.

• The percentage of people with disabilitiesparticipating in training courses increases by10 per cent and they are proportionatelyrepresented across all courses.

Achievements

• Provided six general disability awarenesstraining courses for staff as part of theannual departmental training program.

• 31 per cent of all staff have attended adisability awareness training day.

• Focused on inclusion of disability awarenessissues in client service and recruitment andselection courses.

• Incorporated principles of flexible servicedelivery in all staff inductions and clientservice courses.

• Continued to deliver specific disabilityawareness training courses.

• 4.2 per cent of Corporate Development andTraining’s course participants over the yearidentified themselves as having a disability.

7. CONSULTATION AND PARTICIPATION

To provide an open, consultative environment in the department which ensures that people withdisabilities are consulted on all matters relating to their interests and have the opportunity to participatein key decision-making forums within the department.

8. BEST PRACTICE MANAGEMENT

To adopt management practices and provide sufficient resources (money, people, skills and facilities)within the department to reflect/establish best practice in meeting the responsibilities of governmentagencies generally, and of our own organisation in particular, to meet the needs and protect the rights of people.


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• The DAC is satisfied with the consultationprocess used to ascertain views of thecouncil, disability community, clients andstaff on issues affecting people withdisabilities.

• Each business centre has mechanisms inplace to consult with people with disabilities.

Achievements

• See Item 1: Access to Services andPrograms.

• Included in ACCESSlink is advice on when andhow to consult with people with disabilities.

• Flexible service delivery trained sites host acommunity consultation and maintaincommunity contacts.


• Business plans and budget submissionsinclude strategies and costings forimplementing the DSP for 2000-2001 andsubsequent planning and budget cycles.

• DSP responsibilities are incorporated intoSES performance agreements.

• The implementation of DSP will becomprehensively reviewed annually.

• We are considered by other governmentagencies as demonstrating best practice inimplementing our DSP by December 2001.

Achievements

• Assessed the performance of businesscentre managers through the businessplanning process. All business centre plansinclude disability awareness strategies.

• Developed the new DSP in consultation withbusiness centres, senior staff, otherdepartments and the DAC.

• Addressed issues for people with disabilitieswithin the department’s new WorkplaceSafety Improvement Plan (WSIP) 2000-2002, the IT Strategic Plan 2000-2003and the Strategic Framework for CourtServices 2000-2004.

• Maintained the profile of disability issues inthe department by ensuring regular coveragein the department’s newsletter Agenda.

• Provided advice and assistance to othergovernment departments on implementingtheir Disability Action Plans.


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APPENDIX 8

Disposal of property

During the 2000-2001 financial year the

departmental residence at Port Macquarie was

sold. A residence at Wagga Wagga placed on the

market did not sell. The residence remains in the

possession of the department and continues to be

tenanted by the Local Courts magistrate.

A vacant block of land placed on the market at

Wagga Wagga did not sell either. Further options

for the ongoing sale of this property will be

undertaken this financial year.

Consideration will also be given to the ongoing

sale of a number of residential properties

throughout the State. This is the result of a

review on the department’s residences which

shows that a number of properties are not in

demand and are leased on the private market.

It is anticipated that a possible six to eight

residences will be recommended for sale this

financial year.

APPENDIX 9

Employee wages movements

Crown Employees (Public Sector-Salaries January2000) Award

The Crown Employees (Public Sector-Salaries

January 2000) Award was ratified in the

Industrial Relations Commission of NSW on

21 March 2000. This award will expire on

31 December 2001.

Under the award, salaries were increased by

2 per cent from 1 January 2000 and by a further

2 per cent from 1 January 2001. The parties also

signed a Memorandum of Understanding (MOU)

outlining their commitments under the award

which, if fulfilled, will allow further salary

increases as follows:

1 January 2002 3%

1 January 2003 4%

30 June 2003 5%

These latter increases will be made under another

award and only 2 per cent of each increase will

be funded by Treasury. The balance of the

increases, 6 per cent, will be funded from savings

generated from workplace reform, both sector-

wide and in individual agencies, which are

negotiated with the relevant unions. These

savings will be identified during the life of the

current award.

Senior officers salaries

The Crown Employees (Senior Officers Salaries

1997) Award was included in Schedule A of the

Crown Employees (Public Sector – Salaries January

2000) Award. The current award covers officers in

receipt of salaries above that paid to Administrative

and Clerical Officers, Clerk, Grade 12, but not

members of the Senior Executive Service.

The purpose of the senior officer classification is

to provide additional capacity for the NSW Public

Service to recognise work value of non-senior

executive positions. The department has

established 13 positions of Senior Officer Grade

1 and one position of Senior Officer Grade 2

under the award.

Salaries covered under the Crown Employees

(Senior Officers Salaries 1997) Award were

increased by 2 per cent from 1 January 2001.

APPENDIX 10

Enterprise Industrial Relations

Union representation

The staff of the department are represented by

two main associations – the Public Service

Association and Professional Officers’ Association

Amalgamated Union of NSW (PSA) and the

Media, Entertainment and Arts Alliance. The

Australian Salaried Medical Officers’ Federation

(NSW) represents the medical specialist attached

to the Compensation Court.

The department has established a Peak

Consultative Committee (PCC) comprising senior

officers of the department and representatives of

the two main associations, although only

representatives of the PSA attend regularly. The

PCC meets every three months.

Matters impacting individual business centres aregenerally dealt with through local consultativecommittees.

Crown Employees (Public Sector-Salaries January2000) Award

Under the Crown Employees (Public Sector –Salaries January 2000) Award the parties enteredinto a Memorandum of Understanding (MOU)under which unfunded increases in the awardwere identified.

The unfunded increases of 6 per cent will befunded from savings generated from workplacereform, both sector-wide and in individualagencies, which are negotiated with the relevantunions. These savings will be identified duringthe life of the current award.

Five key sector-wide priorities are identified in theMOU. These are:

• service delivery;

• review the Legislative and EmploymentFramework;

• advance NSW as a digital State;

• continue Corporate Service Reformefficiencies; and

• modern structures and pay systems.

In terms of action to be taken by agencies, it isexpected the department will:

• prepare a draft management agenda (for laterdiscussion with the relevant union/s) to deliverefficiency benefits of sufficient value to fundthe unfunded component of the wageincreases;

• give consideration to workplace reform andservice delivery enhancement initiatives;

• give consideration to the short, medium andlong term objectives of the agenda; and

• acknowledge savings generated from theseproposals over the first year of implementationand subsequent years.

The department, together with eight other majoragencies, has held discussions with the sector-wide Joint Advisory Committee, convened underthe auspices of the Premier’s Department, on the

impact of the projected salary increases on theState budget. Specifically, the Director Generalmet with Mr John Pierce (Treasury), Mr RogerWilkins (Cabinet Office) and Dr Col Gellatly(Premier’s Department). Dr Gellatly was advisedin January of the strategies of workplace reformbeing pursued in the department to meet theunfunded 6 per cent salary increases.

In addition to any other initiatives the departmentwill continue to progress the initiatives alreadycommenced and reported upon in previous yearsincluding:

• use of productivity and other measures;

• extension of performance management acrossthe entire department;

• introduction of competency based training; and

• implementation of joint strategies to reduceworkers’ compensation costs.

Crown Employees (Senior Officers Salaries 1997)Award

The Crown Employees (Senior Officers Salaries1997) Award was included in Schedule A to theCrown Employees (Public Sector – Salaries January2000) Award of instruments to be moved in similarterms to the principal award. The current awardcovers officers in receipt of salaries above thosepaid to Administrative and Clerical Officers, Clerk,Grade 12, but not members of the SeniorExecutive Service (SES). The purpose of the seniorofficer classification is to provide additionalcapacity for the NSW Public Service to recognisework value of non-senior executive positions. Thedepartment has established 13 positions of SeniorOfficer Grade 1 and one position of Senior OfficerGrade 2 (temporarily occupied by an SES officer)under the award.

Crown Employees (Public Service Conditions ofEmployment 1997) Award

Flexible working hours

The Crown Employees (Public Service Conditionsof Employment 1997) Award was ratified on 28 October 1997 and contains conditions relatingto hours of duty, allowances, leave, trade unionactivities and shiftwork and overtime. Underclause ten of the award, local arrangements may


APPENDICES

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APPENDICES

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APPENDIX 11

Equal Employment Opportunity and staff numbers

As at 30 June 2001, there were 3,475 employees, excluding statutory appointees, casual and ministerial staff.

Level Admin. & Clerical Total A B C D E FGrade Equivalent Staff

< $26,802 Below CO 1 16 11 1 0 0 0 0

$26,802 - $35,202 CO 1 to A&C Grade 1 753 556 15 164 137 51 18

$35,203 - $39,354 Grade 1 to 2 897 620 16 201 167 63 17

$39,355 - $49,799 Grade 3 to 5 784 488 22 175 152 72 22

$49,800 - $64,400 Grade 6 to 9 624 353 9 115 86 35 19

$64,401 - $80,499 Grade 10 to 12 340 177 3 61 38 27 11

> $80,499 (non-SES) Above Grade 12 31 10 0 3 1 1 0(non-SES)

> $80,499 (SES) SES 30 7 0 1 1 1 0

TOTAL 3,475 2,222 66 720 582 250 87

The total numbers of EEO group members in previous years were as follows:

1999-00 1998-99 1997-98 1996-97 1995-96

Aboriginal &/or Torres Strait Islander 55 48 60 55 48people (Column B)

People from a racial, ethnic or 706 683 554 396 437ethno-religious minority group (Column C)

People with a disability (Column E) 261 259 243 170 183

A. WomenB. Aboriginal and/or Torres Strait Islander peopleC. People from racial, ethnic or ethno-religious groups which are a minority in Australian society D. People whose first language spoken as a child was not EnglishE. People with a disability F. People with a disability who require adjustments to be made at work

be negotiated between the department and the

relevant trade union in respect of the whole or

part of the department.

A trial, in accordance with clause ten of the award,

of a flexible working hours scheme commenced in

the Office of the Protective Commissioner and

Public Guardian and is continuing.

Negotiations are also continuing on the development

of an agreement to allow for the extension of flexible

working hours schemes across the department. To

this end, a preliminary draft Flexible Working Hours

Agreement was distributed to business centre

managers and the PSA for comment. Officers from

Corporate Human Resources also met with business

centre managers on an individual basis to discuss

the progress of the agreement.

It is expected final agreement on the scheme will be

reached between the parties by the end of 2001.

APPENDIX 12

Ethnic Affairs Priority Statement

Our Commitment to the Community seeks to

promote Justice and Equality for NSW. One of the

responses addressing the challenges of excellent

client service and good management is to “ensure

that all our clients can access our services”.

The Ethnic Affairs Priority Statement which aims

to “continuously improve our services and

increase satisfaction among our diverse clients” is

one of the key initiatives which addresses this

challenge.

A range of ethnic affairs initiatives has been

promulgated in the department. These include:

• Participation by ethnic communities on

committees and in consultation processes.

Examples include ethnic community

representation in:

– User group forums in NSW courts and

tribunals;

– Victims of Crime inter-agency group; and

– Customer council in the Registry of Births,

Deaths and Marriages.

• Increased availability of information in

community languages including:

– Development of eight information sheets for

translation into Arabic, Mandarin and

Vietnamese in local courts;

– Information in 23 ethnic languages to increase

awareness about discrimination prepared by

the Anti Discrimination Board; and

– Translation of the Charter of Victims Rights

into Vietnamese.

• There is a range of projects targeting people

from diverse ethnic backgrounds in the

strategy to reduce violence against women,

including regional distribution of audio tapes

and information cards on sexual assault and

domestic violence in a number of community

languages.

• A multilingual information sheet in 21 languages

has been published incorporating information on

the availability of telephone interpreter services

by the Industrial Relations Commission.

• Promotion of staff participation in the

Community Language Allowance Scheme

(CLAS). As at November 2000, there were

19 community languages spoken by 66 CLAS

participants.

• Continued emphasis on training through the

promotion of the department’s Cross Cultural

Communication and Producing Client Friendly

Publications training courses.

• Training for local court staff to promote their

awareness and capacity to meet the needs of

individuals from diverse ethnic backgrounds.

Over 550 client service staff have been

trained.

• Provision of training by the Anti Discrimination

Board for community workers who work with

ethnic groups in relation to anti discrimination

rights and complaint procedures.

• Utilisation of staff skills in local courts to

improve access to information in Local Courts

for clients from diverse ethnic backgrounds.

Interesting initiatives include development of a

two-year training program, a quarterly

newsletter and several regional activities

including a Migrant Information Day.

• Increased access to services for ethnic

communities in Community Justice Centres, with

pamphlets available in more than ten languages

and 21 per cent of mediators coming from

culturally diverse backgrounds.

APPENDIX 13

Freedom of Information

Assessment of the impact of Freedom of Information

(FOI) requirements

The department received 34 FOI applications

during the year and finalised 35. Two applications

were brought forward from last year and one

application was withdrawn. This compares with

17 applications processed during the 1999-2000

period. Should the current trend continue, it will

impact on resources.


APPENDICES

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APPENDICES

180

16 applications were refused in full, the majority

under section ten and clause 11, schedule one

of the Freedom of Information Act 1989 (NSW)

relating to the judicial functions of courts and

tribunals.

Two applications were refused under section

25(1)(a1) of the Act on the basis that the

application would, if carried out, substantially and

unreasonably divert the department’s resources

away from their priorities. In relation to one of

these applications, it appeared the information was

not provided under FOI and that documents were

specially created. However, upon internal review,

the actual FOI documents were provided. In

relation to the other application, thousands of

documents such as purchase orders for the last

five years would need to be examined. The

applicant did not seek an internal review in respect

of this determination.

Issues from FOI requirements

The department received a number of applications

to access non-personal information held by various

courts. It was held that the courts were not an

agency for the purposes of the Act as the

information requested related to the judicial

functions of the courts.

The department also received a number of requests

for large amounts of data. The data relates to

research undertaken by a department business

centre which involved the examination of huge

amounts of raw data collected from other

government agencies. Existing resources had to be

diverted to process these applications.

The June 2001 Statement of Affairs is available

on the department’s web site Lawlink NSW. The

June 2001 Summary of Affairs will be available

on the web site later this year.

As reported in previous years, a considerable

amount of time is spent by departmental officers

answering FOI inquiries from the public. There

continues to be the incorrect view that the

department is responsible for the FOI Act.

FOI inquiries and appeals

During the year, one matter was finalised by the

Ombudsman and the decision of the department

was upheld. The documents related to the judicial

functions of a court and the application was

initially refused on the basis that the court was not

an agency for the purposes of the FOI Act. Upon

internal review, the applicant was also advised that

the department did not hold the documents. The

Ombudsman determined that the department

should have advised the applicant that it did not

hold the documents in the initial application.

There are currently two matters pending before

the Ombudsman. One of these applicants has

also appealed to the Administrative Decisions

Tribunal (ADT). There are two other appeals

pending before the ADT.

Freedom of Information Statistics for 1999-2000 and 2000-2001

Section A – Numbers of new FOI requests – Information relating to numbers of new FOI requests received,those processed and those incomplete from the previous period.

FOI Requests Personal Other Total99-00 00-01 99-00 00-01 99-00 00-01

A1 New (including transferred in) 6 16 12 18 18 34

A2 Brought forward 1 1 1 1 2 2

A3 Total to be processed 7 17 13 19 20 36

A4 Completed 6 17 11 18 17 35

A5 Transferred out 0 0 0 0 0 0

A6 Withdrawn 0 0 0 1 0 1

A7 Total processed 6 17 11 19 17 36

A8 Unfinished 1 0 2 0 3 0

Section B – What happened to completed requests?

Result of FOI Requests Personal Other Total99-00 00-01 99-00 00-01 99-00 00-01

B1 Granted in full 2 5 5 4 7 9

B2 Granted in part 4 7 3 3 7 10

B3 Refused 0 5 3 11 3 16

B4 Deferred 0 0 0 0 0 0

B5 Completed 6 17 11 18 17 35

Section C – Ministerial Certificates – number issued during the period.

Ministerial Certificates 99-00 00-01

C1 Ministerial Certificates Issued 0 0

Section D – Formal consultations – number of requests requiring formal consultations (issued) and totalnumber of formal consultations for the period.

Formal consultations No. of requests requiring Total number of formal consultations (issued) consultations99-00 00-01 99-00 00-01

D1 No. of requests requiring formal consultations 7 13 12 13


APPENDICES

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APPENDICES

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Section E – Amendment of personal records – number of requests for amendments processed during the period.

Result of amendment request Total99-00 00-01

E1 Result of amendment – agreed 0 0

E2 Result of amendment – refused 2 0

Section F – Notation of personal records – number of requests for notation processed during the period.

Notation of personal records Total99-00 00-01

F1 No. of requests for notation 0 0

Section G – FOI requests granted in part or refused – Basis of disallowing access – Number of times eachreason cited in relation to completed requests which were granted in part or refused.

Basis of disallowing or restricting access Personal Other Total99-00 00-01 99-00 00-01 99-00 00-01

G1 section 19 – application incomplete, 0 1 0 0 0 1wrongly directed

G2 Section 22 – deposit not paid 0 0 0 0 0 0

G3 Section 25(1)(a1) – diversion of resources 0 0 0 2* 0 2

G4 Section 25(1)(a) – exempt 3 10 5 10 8 20

G5 Section 25(1)(b)(c)(d) 2 1 0 1 2 2– otherwise available

G6 Section 28(1)(b) – documents not held 0 2 1 1 1 3

G7 Section 24(2) – deemed refused, 0 0 0 0 0 0over 21 days

G8 Section 31(4) (released to 0 0 0 0 0 0Medical Practitioner)

G9 Totals 5 14 6 14 11 28

* In relation to one of these two applications, it appeared the information was not provided under FOI and that the documents were

specially created. Upon internal review, the actual documents were provided. In relation to the second application, thousands of

documents such as purchase orders for the last five years would need to be examined.

Section H – Costs and fees of requests processed

Costs Assessed Costs FOI fees received 99-00 00-01 99-00 00-01

H1 All completed requests $795.00 $1,279.50 $525.00 $1,249.50

Section I – Discounts allowed – numbers of FOI requests processed during the period where discounts were allowed.

Type of discount allowed Personal Other 99-00 00-01 99-00 00-01

I1 Public interest 0 0 1 1

I2 Financial hardship – pensioner/child 2 24 4 0

I3 Financial hardship – non-profit organisation 0 0 0 0

I4 Totals 2 24 5 1

I5 Significant correction of personal records 0 0 0 0

Section J – Days to process – number of completed requests by calendar days (elapsed time) taken to process.

Elapsed time Personal Other 99-00 00-01 99-00 00-01

J1 0 – 21 days 6 10 9 10

J2 22 – 35 days 0 7 0 8

J3 Over 35 days 0 0 2 0

J4 Totals 6 17 11 18

Section K – Processing time – number of completed requests by hours taken to process.

Processing hours Personal Other 99-00 00-01 99-00 00-01

K1 0 – 10 hours 5 11 10 13

K2 11 – 20 hours 1 6 1 5

K3 21 – 40 hours 0 0 0 0

K4 Over 40 hours 0 0 0 0

K5 Totals 6 17 11 18

Section L – Reviews and Appeals – number finalised during the period

Reviews and Appeals Total99-00 00-01

L1 Number of internal reviews finalised 4 14

L2 Number of Ombudsman reviews finalised 1 1

L3 Number of ADT appeals finalised 0 0


APPENDICES

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APPENDICES

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Section L – Reviews and Appeals – number finalised during the period (cont’d)

Bases of internal review Personal OtherUpheld Varied Upheld Varied

99-00 00-01 99-00 00-01 99-00 00-01 99-00 00-01

L4 Access/amendment 2 2 0 2 0 8 0 2refused

L5 Deferred 0 0 0 0 0 0 0 0

L6 Exempt matter 0 0 1 0 1 0 0 0

L7 Unreasonable 0 0 0 0 0 0 0 0charges

L8 Unreasonable 0 0 0 0 0 0 0 0charge incurred

L9 Withdrawn 0 0 0 0 0 0 0 0

L10 Totals 2 2 1 2 1 8 0 2

APPENDIX 14

Funds granted

LOCAL COURTS

Legal Aid Commission

Amount of grant: $65,000The grant contribution was given to the Legal AidCommission for the provision of services to clientsof the Youth Drug Court.

VICTIMS SERVICES

Amount of grant: $150,000 plus GST

Mission Australia Victim Support Service

Sydney City Mission (now known as MissionAustralia) successfully tendered for funding toestablish a Victim Support Service in 1992. TheVictims Support Service offers:

• a 24-hour Victims Support Line in conjunctionwith the Victims of Crime Bureau. The VictimsSupport Line is a telephone service providingvictims with information, support and referral;

• face-to-face counselling;

• community education; and

• networking with groups who have special needssuch as the transsexual community.

Victims of Crime Assistance League – Hunter (VOCAL)

Amount of grant: $82,900 plus GSTThe VOCAL (Hunter) service offers:

• information and support for victims of crimeand victims of road trauma;

• support groups for victims;

• court preparation and support to assist victimsof crime prepare for court and to accompanyvictims when attending court; and

• community education to raise awareness ofvictims’ needs.

The following agencies were successful in obtaininggranted funding through the Families & Friends ofMissing Persons Support Fund in 2000-2001.

Mission Australia – Families & Friends of MissingPersons Telephone Support and Counselling Service

Amount of grant: $30,680 plus GSTMission Australia received a grant contribution to establish the Families & Friends of MissingPersons Telephone Support and CounsellingService. This service provides information, referral and support with the provision of crisiscounselling, as required, by appropriatelyqualified professionals. The service operates 365 days a year, 24 hours a day.

Hunter Institute of Mental Health


Hunter Institute of Mental Health develops best

practice in counselling models relevant to

families and friends of missing persons.

National Association for Loss and Grief NSW Inc.

(NALAG)


NALAG researches local, national and international

work with a view to producing information kits (e.g.

manuals, brochures) of an educational and

supportive nature for both the community and

agencies based on best practice relevant to

families and friends of missing persons.

The Wayside Chapel – The Shepherds of the Streets

Program (SOTS)


SOTS purchased a new computer to support

existing service delivery to families and friends of

missing persons. The new computer will facilitate

the gathering of statistics through the

development of a database of information on

missing persons and their families.

Mission Australia


Mission Australia produced a resource information

video to provide adult families and friends of

missing persons with a non-threatening resource

to assist them in dealing with the complex issues

associated with having a loved one go missing.

CRIME PREVENTION DIVISION

Beat Graffiti Grants Program

Albury City Council

City of Albury Skate Park Project

Amount of grant: $12,100

Albury City Council made improvements to

Albury Skate Park, involving local youth, resulting

in the removal of graffiti and the application of

suitable artwork.

Armidale Dumaresq Council

Armidale Urban Artbeat Project


Armidale Dumaresq Council used

400 square metres to create a public art mural in

Armidale to promote young local artists,

community pride and regional distinctiveness.

The project was launched in conjunction with

Youth Week 2001.

Bankstown City Council

Graffiti Solutions & Movable Murals Project


Bankstown City Council received a contribution

to ameliorate graffiti and vandalism. Graffiti

solutions workshop programs were set up to

develop individual skills and painting of public

murals.

Baulkham Hills Shire Council

HYPEartive Project


Baulkham Hills Shire Council provides positive

alternatives for young people including creative

activities such as legal aerosol community art.

Channel Free Youth Media Access

FUSION Project


Channel Free Youth Media Access extended the

FUSION project to comprise training in

documentation of a graffiti and formal museum

exhibition of legal murals on buildings in the

South Sydney area, using print, video,

installation, display case and web mediums.

Concord Council

Beat Graffiti Project


Concord Council organised activities and events to

form a significant aerosol art project that is part of

the large graffiti management plan in Concord.

Coogee Dolphin Street Playgroup

Art in Action: Our Hall, Our Responsibility Project


Coogee Dolphin Street Playgroup organised a

community artist to run workshops for youth to

design and paint murals on an outside wall over

existing graffiti. Members of the playgroup

designed and painted a mural on another wall

and developed a Graffiti Management Plan.


APPENDICES

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APPENDICES

186

Drummoyne CouncilGraffiti Solutions Project


Drummoyne Council built on existing undertakings

to decrease occurrence of graffiti. This included

organising an essay competition and an art

expression project.

Dubbo Aboriginal Pre and Post Release ProgramBeat the Graffiti on the LH Ford Bridge Project


Dubbo Aboriginal Pre and Post Release Program

received a grant to clean and beautify bridge

pylons. The program involved five participants

under the Work for the Dole scheme, two days per

week for six months.

Dubbo City CouncilGordon Community Art Project


Dubbo City Council received a grant to paint over

graffiti burdened fencing on the Gordon

Community Estate with community generated art.

The Council conducted workshops, mentoring and

youth related events.

Emu Plains Lions ClubRailway Pedestrian Subway – Emu Plains – Mural Project


Emu Plains Lions Club painted over existing graffiti

on the walls of an underpass at the Emu Plains

railway station, and involved art students from two

local high schools to paint murals on the walls.

Great Lakes CouncilPublic Amenities Murals/Skate Parks/Litter Bins Project


Great Lakes Council organised youths to design

and create murals on two amenities buildings in

council parks, producing community art and

discouraging illegal graffiti and vandalism.

Greater Taree City CouncilCommunity Mural & Complementary Landscaping,Ruprecht Park, Taree Project


Greater Taree City Council designed and painted a

mural and complementary landscaping around the

canteen and toilet facilities in Ruprecht Park.

Hastings Council/Port Macquarie Police andCommunity Youth ClubStop the Scribble Project


Hastings Council and the Port Macquarie Police

and Community Youth Club (PCYC) involved

youths to clean up graffiti in Hastings local

government area and other selected sites.

Holroyd City Council – Merrylands Main StreetMerrylands Artwork 2001 Project


Holroyd City Council – Merrylands Main Street

reduced illegal tags and vandalism by holding

events and an educational aerosol art program.

Holyroyd Youth Services Inc.Graffiti Art 2001 Project


Holyroyd Youth Services Inc. received a grant

to organise a local creative arts worker and

aerosol artist (coordinated by Youth Worker) to

run workshops with youths to design a mural

on an outside wall.

Hurstville City CouncilHIP – Hurstville Interchange Project


Hurstville City Council organised a community artist

to run workshops for youths to design and paint a

mural on an identified site in the Hurstville CBD.

Participants were recruited through local youth

programs, high schools and general publicity.

Inverell Shire CouncilYouth Arts Initiative 2000 Project


Inverell Shire Council organised a mural painting,

supervised by an arts teacher and documented the

project on video. This resulted in the development

of a short film incorporating stories on graffiti and

its impact on youths and the community, and was

written and directed by youths with the assistance

of a qualified film-maker.

Kiama CouncilKiama Skate Park Community Art Project


Kiama Council initiated a graffiti solutions

scheme with a tiled mural on Kiama Skate Park.

Lake Illawarra Police and Community Youth Club

Lake Illawarra PCYC Graffiti Art Grant Project


Lake Illawarra PCYC provided a professional graffiti

artist and photographer to mentor young

participants for a period of 40 hours, teaching them

skills and techniques to produce works which will

be exhibited in the Youth Gallery.

Lake Macquarie City Council

Graffiti Places to Shared Spaces Project


Lake Macquarie City Council developed community

art in Belmont and Warners Bay commercial

centres. A professional artist developed youths’

skills through a series of workshops and

consultation sessions over nine months.

Lane Cove Council

Lane Cove Aerosol Art Community Project


Lane Cove Council involved youths interested in

aerosol art in the design and production of a number

of legal murals in the Lane Cove area. This includes

creation of some permanent murals and aerosol art

competitions and displays in Lane Cove Festivals.

Leichhardt Council



Leichhardt Council reduced the amount of graffiti

through creative and educational opportunities.

For example, a legal mural, legal graffiti wall,

demonstrations, workshops and adopt a bus stop.

Maitland City Council



Maitland City Council developed and implemented

a sustainable youth art program, to be conducted

biannually, adopting a theme consistent with the

local government area, to promote positive aspects

of youth art and greater appreciation of youth

culture, and reduce incidences of graffiti.

Mosman Municipal Council

Mosman Youth Artists Sorry Day Graffiti

Alternatives Project

Amount of grant: $1,924.87

Mosman Municipal Council provided a workshop

series to develop artistic skills to enable

production of a mural series on Sorry Day.

Newcastle City Council

Newcastle City Council Beat Graffiti Project


Newcastle City Council shifted focus from graffiti

removal to graffiti prevention through skills

development and training of young artists.

Parramatta City Council/Police Community Youth Club

Parramatta Beat Graffiti Project


Parramatta City Council/PCYC established a

graffiti taskforce, management plan, murals on

council site vans and legal spaces, a booklet and

video demonstrating abilities of the young artists

and the project, and also established a web site

and workshops using local business

representatives.

Pittwater Council



Pittwater Council improved and expanded legal

graffiti sites in Pittwater.

Riverina Juvenile Justice Centre

Respect Through Art Project


Riverina Juvenile Justice Centre’s art project

operated over 12 months under the supervision

of an experienced tutor to develop six projects:

puppet theatre, internal mural, art exhibition,

pottery, cartoon drawing, and a community mural.

South Penrith Youth Services Project

Eva Borys ‘Aquatic’ Mural Project


South Penrith Youth Services Project completed

a mural focusing on business and community

relations in the local area.

Willoughby City Council

Graffiti Gallery Project


Willoughby City Council provided legal

opportunities for graffiti art in five key locations.


APPENDICES

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APPENDICES

188

Wollongong City Council and Youth Centre

2001 Aerosol Odyssey Project

Amount of grant: $14,378.48

Wollongong City Council and Youth Centre

organised a community artist to develop the skills

of graffiti artists in preparing and presenting

works for exhibition artists to identify graffiti hot

spots and prepare submissions to obtain

commissioned work. They also became involved

in legal walls and community murals.

Woollahra Community Safety Council

Mural Project – Edgecliff Bus Interchange Project


Woollahra Community Safety Council improved the

appearance of the bus interchange and provided

youths with opportunities to work with community

artists on a legal mural, and to develop artistic skills.

SAFER COMMUNITIES DEVELOPMENT FUND

Innovative Grants

University of New England

Crime Prevention on Farms Project


The project aims to gather information to provide

a basis for future policing strategies and crime

prevention initiatives as well as developing

educational programs for farmers about better

security practices.

University of Western Sydney

Young Drivers Awareness Project


The project is aimed at changing the degree of

cultural acceptance of unsafe driving practices

among young people aged 17-25. The project aims

to reduce the influence of peer pressure by using

workshops to look at what young people regard as

good driving practices and the justifications they

have for unsafe driving practices.

Fairfield City Council

Family Connections Project


The program aims to build and strengthen ties

between children, their parents and the school

and target the underlying causes of school failure,

child and substance abuse and delinquency.

Wyong Shire CouncilBuilding Social Capital in New Communities

Amount of grant: $60,000The aim of this project is to build an inter-connectedcommunity of the new districts of Warnervale andWadalba and reduce the level of fear of crime andestablish social support networks.

Hunter STAR Foundation IncCreating Partnerships for Change

Amount of grant: $120,000This is the second year of the grant. The projectaims to develop a best practice module to matureemployment skills and business partnerships foryoung people at risk or who have already hadcontact with juvenile justice. The project focuseson decreasing juvenile detention rates andbuilding links with the local chamber ofcommerce and businesses.

Safer Community Compact Grants

Tweed Shire CouncilTweed/Coolangatta Crime Prevention Plan

Amount of grant: $40,000Tweed Shire Council developed a crimeprevention plan and commenced implementationof identified strategies and actions.

Bega Valley Shire CouncilBega Valley Safer Community Project

Amount of grant: $97,838Funding of a position to coordinate theimplementation of three projects containing eightstrategies identified in the Bega CommunitySafety Plan.

• young people in the community and relatedalcohol issues;

• pro-actions (social youth events) with youngpeople in the community; and

• community information and education.

Canterbury City CouncilCanterbury City Council Youth Crime Prevention Plan

Amount of grant: $30,375The Youth Crime Prevention Officer is sharedbetween Canterbury and Bankstown City Councilsand coordinates services, referrals and activitiesfor youths in the two local government areas.

Operation Auto Alert develops resources such as

stickers and educates the public about car security

and how to reduce theft from their vehicles.

The Media Watch Response Groups monitor news

in the local government areas and aim to promote

positive events and aspects among the

community and its people.

Bankstown City Council

Bankstown City Council Youth Crime Prevention Plan


The Youth Crime Prevention Officer is shared

between Bankstown and Canterbury City Councils

and coordinates services, referrals and activities for

youth in the two local government areas. Operation

Auto Alert develops resources such as stickers and

educates the public about car security and how to

reduce theft from their vehicles.

The Media Watch Response Groups monitor news

in the local government areas and aim to promote

positive events and aspects among the

community and its people.

Manly Council

Manly Crime Prevention Plan


The grant will fund three strategies that address

community concerns within the local government

area:

• Beach Safety Campaign – focus on property

protection, swim safety and sun-safe awareness;

• Liquor Licensing Accord – aimed at promoting

responsible service of alcohol within the local

government area; and

• Late Night Bus Service – operates within the

northern beaches area from late evening to the

early hours of the weekend in partnership with

Pittwater and Warringah Councils and local

Road Safety Officers.

Newcastle City Council

Newcastle CBD Safer Community Compact


This project involves three strategies identified in

the Council's crime prevention plan for the city

centre and the inner city area. The three

strategies respond to:

• late night anti-social behaviour (Nightrider CityLoop bus);

• responsible attitudes to alcohol use for youngpeople; and

• provision of increased home security measuresfor repeat victims of break and enter crimes.

City of Wagga Wagga CouncilWagga Wagga City Council Safer Community Compact

Amount of grant: $99,103One of the outcomes of the Wagga Wagga SaferTowns and Cities Project is a three-year plan aimedat reducing crime and improving public perceptionsof safety in Wagga Wagga. The Council, inpartnership with a range of local agencies andgroups, will lead the implementation of the plan.The plan comprises ten individual projects intendedto address seven community issues that have beenidentified as among the causes of crime.

Greater Taree City CouncilGreater Taree City Safer Community Compact

Amount of grant: $40,000The project aims to implement strategies in theGreater Taree City Safer Community Compactfocusing on:

• community violence;

• motor vehicle theft;

• break and enter and stealing; and

• alcohol and other drugs and anti-social behaviour.

Operational Area Grants

Ballina District Services AssociationBallina Street Beat Project

Amount of grant: $37,500The aim of the project is to provide a SpecialistYouth Worker on the city streets of Ballina to workjointly with NSW Police, publicans, restaurateurs,young people and parents to address issuesinvolving young people on the streets at night.The main aim of the project is to engage youngpeople from a range of backgrounds via:relationship building, risk management, crisisintervention, police liaison, business liaison,advocacy, and referral. Additionally, the projectwill provide a transport service to assist youngpeople home at night.


APPENDICES

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APPENDICES

190

Specific Grants

Sutherland Shire CouncilSutherland Shire Crime Prevention Plan


Domestic Violence Child Support Service.

YWCAParramatta and Coffs Harbour/ClarenceYoung Offenders Mentoring ProjectYear three

Amount of grant: $247,078 per annum

This is the final year of a three-year project jointly

funded by CPD and the Department of Juvenile

Justice. The project is conducted by the YWCA

Big Sister/Big Brother Program and has

established a number of supporting relationships

between at risk young people and appropriate

adult mentors.

Mindaribba Land Council (Maitland) Aboriginal Youth Culture Camps – CulturalAwareness Program


The program involves biannual 12-week holistic

cultural awareness and self-development

programs for the highly transient young Aboriginal

population of Cessnock, Maitland and adjacent

Newcastle areas. It incorporates cultural

awareness, health and fitness, drug and alcohol

awareness, crime prevention, violence in the

home and legal rights and responsibilities.

Waterloo Girls Centre Aboriginal Youth Culture Camps – Koori Girls PeerEducation Program


The project uses the model designed for the Koori

Justice Program previously funded by CPD and

recognised with a Human Rights Award in 2000.

It aims for young people to develop skills and

become leaders for their younger peers. Initial

workshops will be conducted at a camp held near

a Koori site where young women will focus on

cultural awareness, team building and building

commitment for the project.

Thankakali Aboriginal Corporation (Broken Hill) Aboriginal Youth Culture Camps


The youth camps proposal recognises the

relationship between substance abuse,

particularly petrol sniffing and crime. The project

evolved from discussions with the Department of

Juvenile Justice and the National Parks & Wildlife

Service (NPWS) and involves four camps of one

week’s duration. Small groups of participants

from Broken Hill and Wilcannia visit campsites

with Aboriginal NPWS officers, an elder,

substance abuse counsellor and mentors from the

Thankakali Aboriginal Corporation. The camps are

proposed to teach young people to take

responsibility for their actions and deter them

from breaking the law.

St George Youth Network

“Shopfront Theatre Out West”


This is a two-stage project involving a series of

workshops with indigenous young people from the

St George District exploring arts-based skills and

training in leadership. On completion of the

workshops, five core members of the group will

go to Wilcannia with a team of artists and youth

workers for at least two-three weeks of intensive

workshops. The workshops will culminate in a

performance exploring issues that affect young

indigenous people living in geographically

isolated areas, such as alcohol, violence and

petrol sniffing.

Koori Youth Network

“Streetbeat Resource Room”


The project provides a safe space for young people

who currently gather on the streets at night and are

at risk of participating in criminal and anti-social

behaviour. The project complements Greater Taree

Council’s Streetbeat Outreach Youth Service which

was awarded a Safer Community Compact grant.

South Sydney Police and Community Youth Club

“Aboriginal Art, Food and Nutrition Program”


The art program will target young people from

Redfern and Waterloo who are no longer in school

due to expulsion, suspension or recurring truancy

as well as those who attend open education and

training courses at the PCYC. An Aboriginal artist

will be employed to conduct art classes everyWednesday and Saturday. The nutrition programinvolves taking youths shopping for groceriesunder the supervision of volunteer universitystudents and teaches them to prepare, cook andserve a nutritious meal which their families areinvited to share.

Namatjira Regional Sporting Association “Youth Go Karts”

Amount of grant: $27,764The project aims to transfer the energies ofAboriginal youths from anti-social and risk-taking behaviour to positive and constructiverecreational activity involving go-karting. Itinvolves the purchase of two go-karts andattendance at organised race meets over a twelve-month period.

Wirringa Baiya Aboriginal Women’s Legal Centre “Anti-Violence Diary”

Amount of grant: $39,685The project will produce 5,000 copies of an anti-violence diary for young Aboriginal people. Theproject will tie in with a Department of AboriginalAffairs funded project aimed at informing youngAboriginal people about their legal right to live freefrom violence, including domestic violence, sexualassault, physical violence, emotional and mentalviolence, homophobia and racial vilification.

Women’s Legal Resources Centre“Legal Education Game”

Amount of grant: $14,300The project involves development and production ofa game similar to Monopoly or Bingo that informsyoung people about their legal rights. The game willbe developed through a series of consultativeworkshops with young Aboriginal women in rural andmetropolitan settings. The project is proposed as acrime prevention strategy that aims to empoweryoung Aboriginal women to make sound life choices.

Yarrawarra Aboriginal Corporation“I am Koori Too”

Amount of grant: $32,890The early intervention program targets youngpeople in years five, six and seven (prior to the tenyear age of criminal responsibility) who will bereferred by Koori organisations, teachers,

Department of Juvenile Justice and Department of

Community Services officers and NSW Police. The

same group of ten children will go on five-day

camps in every school holiday period for one year.

The program, coordinated by a male and female

Aboriginal youth leader, will involve cultural

activities, life skills and personal development all

presented by trained professionals.

Bourke Youth Services

“Off the Street – Cool Pool”


This one-year pilot project will provide a late

night youth space and pool hall that is supervised

by two youth workers who can provide referral to

counselling and support services. The project

aims to provide a sense of ownership and

participation in the community for young people.

Cummeragunja Housing & Development

Aboriginal Corp.

“Finding Yourself”


The project aims to meet the vocational and

educational needs of young Kooris from the

Cummeragunja Mission near Moama (VIC/NSW

border) by providing a one day per week program

over a 42-week year. It provides individual-

specific training in literacy and numeracy, health

matters, photography, art and design and writing.

It targets young people aged 15-19 who are not

attending school, unemployed, at risk of entering

the justice system or currently on court orders.

Gilgandra Shire Council

“Youth Crime Prevention Projects”


The council will conduct several projects that

together aim to discourage criminal and anti-

social behaviour. These projects include:

• the provision of a mobile youth outreach van;

• Arts Alive, which encourages creative

expression through painting, printing, film and

modelling;

• the No More Program (no more hurt, no more

pain, no more grog, no more shame); and

• free computer skills and internet training.


APPENDICES

191

Department of Community Services Lismore“Rekindling the Spirit Program”


The project will provide two programs and an

associated evaluation aimed at reducing violence

and providing new ways of dealing with life

problems for Aboriginal families. They are:

• a series of four father and sons camps each

calendar year; and

• an eight-week program in three local high

schools each calendar year.

Shoalhaven Community Development Aboriginal Corporation“Night Patrol”


The project will be a continuation of the already

piloted Shoalhaven Aboriginal Night Patrol

Project. Patrol operators “check in” on places

where young people are known to congregate and

offer transport home or to another safe place

without infringing on their right to utilise public

space. The patrol will provide referral, advocacy

and information about legal rights and

responsibilities as a community member.

Walhallow Local Aboriginal Land CouncilHealth and Fitness Program


The program will provide structured health and

fitness activity for the young people of Walhallow.

A youth committee has been established to

supervise implementation of a sports program for

teenagers, while fitness for pre-school aged

children will be conducted during school hours.

APPENDIX 15

Guarantee of service

The department comprises 39 business units

grouped into eight program areas.

The department’s Corporate Plan provides an

overview of client service objectives and outcomes

by program areas. Key performance indicators

including accountability measures are

incorporated into business unit plans and

guarantees of service.

Guarantees of service are produced by all relevant

business units. The department will regularly

review its service standards, including guarantees

of service.

APPENDIX 16

Leave liabilities

As at 30 June 2001:

Recreation leave $15,781,463

Long service leave $66,361,626

APPENDIX 17

Legislative changes

Legislation assented to between 1 July 2000

and 30 June 2001 follows:

Administrative Decisions Tribunal Legislation

Amendment (Revenue) Act 2000

Corporations (Administrative Actions) Act 2001

Corporations (Ancillary Provisions) Act 2001

Corporations (Commonwealth Powers) Act 2001

Corporations (Consequential) Amendments Act 2001

Crimes (Forensic Procedures) Act 2000

Crimes Amendment (Computer Offences) Act 2001

Crimes at Sea Act 2000

Crimes Legislation Amendment (Existing Life

Sentences) Act 2001

Crimes Legislation Further Amendment Act 2000

Criminal Procedure Amendment (Pre Trial

Disclosure) Act 2001

Federal Courts (Consequential Provisions) Act 2000

Law and Justice Foundation Act 2000

Law Reform (Miscellaneous Provisions)

Amendment Act 2000

Legal Aid Commission Amendment Act 2000

Legal Profession Amendment (Incorporated Legal

Practices) Act 2000

Police Powers (Drug Premises) Act 2001


APPENDICES

192


APPENDICES

193

Police Powers (Internally Concealed Drugs) Act 2001

Roman Catholic Church Communities Land

Amendment Act 2001

Russian Orthodox Church Property Trust

Amendment Bill 2001

Westpac Banking Corporation (Transfer of

Incorporation) Act 2000

APPENDIX 18

Legislation allocated to the Attorney General

As at 30 June 2001:

Administration of Justice Act 1924 No 42

Administration (Validating) Act 1900 No 38

Administrative Decisions Tribunal Act 1997 No 76

Anglican Church of Australia (Bodies Corporate)

Act 1938 No 15

Animals Act 1977 No 25

Anti-Discrimination Act 1977 No 48

(except part, Premier)

Antiochian Orthodox Church Property Trust Act

1993 No 20

Application of Laws (Coastal Sea) Act 1980

No 146

Arbitration (Civil Actions) Act 1983 No 43

Attachment of Wages Limitation Act 1957 No 28

Australian Mutual Provident Society Act 1988

No 47

Australian Mutual Provident Society

(Demutualisation and Reconstruction) Act 1997

No 56

Bail Act 1978 No 161

Benevolent Society (Reconstitution) Act 1998

No 153

Births, Deaths and Marriages Registration Act

1995 No 62

Burns Philp Trustee Company Limited Act 1990

No 82

Charitable Trusts Act 1993 No 10

Children (Criminal Proceedings) Act 1987 No 55

Children (Protection and Parental Responsibility)

Act 1997 No 78

Children's Court Act 1987 No 53

Choice of Law (Limitation Periods) Act 1993

No 94

Churches of Christ in New South Wales

Incorporation Act 1947 No 2

Churches of Christ, Scientist, Incorporation Act

1962 No 21

Classification (Publications, Films and Computer

Games) Enforcement Act 1995 No 63

Commercial Arbitration Act 1984 No 160

Common Carriers Act 1902 No 48

Commonwealth Bank (Interpretation) Act 1953

No 29

Commonwealth Places (Administration of Laws)

Act 1970 No 80

Commonwealth Powers (Family Law – Children)

Act 1986 No 182

Community Justice Centres Act 1983 No 127

Community Protection Act 1994 No 77

Companies (Acquisition of Shares) (Application

of Laws) Act 1981 No 62

Companies (Acquisition of Shares) (New South

Wales) Code

Companies (Administration) Act 1981 No 64

Companies and Securities (Interpretation and

Miscellaneous Provisions) (Application of Laws)

Act 1981 No 63

Companies and Securities (Interpretation and

Miscellaneous Provisions) (New South Wales) Code

Companies (Application of Laws) Act 1981 No 122

Companies (New South Wales) Code

Compensation Court Act 1984 No 89

Compensation to Relatives Act 1897 No 31

Confiscation of Proceeds of Crime Act 1989 No 90

Constitutional Powers (Coastal Waters) Act 1979

No 138

Contractors Debts Act 1997 No 110

Coptic Orthodox Church (NSW) Property Trust Act

1990 No 67

Coroners Act 1980 No 27

Corporations (Commonwealth Powers) Act 2001

No 1

Corporations (New South Wales) Act 1990 No 83

Costs in Criminal Cases Act 1967 No 13

Council of Law Reporting Act 1969 No 59

Crimes Act 1900 No 40

Crimes at Sea Act 1998 No 173

Crimes (Forensic Procedures) Act 2000 No 59

Crimes Prevention Act 1916 No 80

Crimes (Sentencing Procedure) Act 1999 No 92

Criminal Appeal Act 1912 No 16

Criminal Procedure Act 1986 No 209

Criminal Records Act 1991 No 8

Crown Advocate Act 1979 No 59

Crown Proceedings Act 1988 No 70

Crown Prosecutors Act 1986 No 208

Damage by Aircraft Act 1952 No 46

Damages (Infants and Persons of Unsound Mind)

Act 1929 No 25

Defamation Act 1974 No 18

Director of Public Prosecutions Act 1986 No 207

Discharged Servicemen's Badges Act 1964 No 49

Disorderly Houses Act 1943 No 6

District Court Act 1973 No 9

Domicile Act 1979 No 118

Dormant Funds Act 1942 No 25

Drug Court Act 1998 No 150

Drug Misuse and Trafficking Act 1985 No 226

Dust Diseases Tribunal Act 1989 No 63

Electronic Transactions Act 2000 No 8

Employees Liability Act 1991 No 4

Evidence Act 1995 No 25

Evidence (Audio and Audio Visual Links) Act1998 No 105

Evidence (Children) Act 1997 No 143

Evidence (Consequential and Other Provisions)Act 1995 No 27, Schedule 2

Evidence on Commission Act 1995 No 26

Factors (Mercantile Agents) Act 1923 No 2

Family Provision Act 1982 No 160

Federal Courts (State Jurisdiction) Act 1999 No 22

Felons (Civil Proceedings) Act 1981 No 84

Financial Transaction Reports Act 1992 No 99

Fines Act 1996 No 99

Foreign Judgments Act 1973 No 39

Forfeited Recognizances and Bail Act 1954 No 25

Forfeiture Act 1995 No 65

Frustrated Contracts Act 1978 No 105

Futures Industry (Application of Laws) Act 1986No 66

Futures Industry (New South Wales) Code

Greek Orthodox Archdiocese of AustraliaConsolidated Trust Act 1994 No 65

Habitual Criminals Act 1957 No 19

Holy Apostolic Catholic Assyrian Church of theEast Property Trust Act 1992 No 10

Home Invasion (Occupants Protection) Act 1998No 109

Imperial Acts Application Act 1969 No 30

Inclosed Lands Protection Act 1901 No 33

Industrial Relations Act 1996 No 17, sections147, 148 (except in relation to the appointmentof Commissioners), 149, 150, 151, 152, 153,154, 156 (3), 157 (3), 159 (2), 164 (2), 168, 180, 185 (2) (d) and (e), 196, 197, 207, 208,381, 382, 383, 407 (in relation to provisionsadministered by the Attorney General), Schedule2 (in relation to provisions administered by theAttorney General), and Schedule 4 (in relation toprovisions administered by the Attorney General),(remainder, Minister for Industrial Relations).

Inebriates Act 1912 No 24


APPENDICES

194


APPENDICES

195

Infants' Custody and Settlements Act 1899 No 39

Inheritance Act 1901 No 19

Insurance Act 1902 No 49

Insurance (Application of Laws) Act 1986 No 13

Intoxicated Persons Act 1979 No 67

Judges' Pensions Act 1953 No 41

Judgment Creditors' Remedies Act 1901 No 8

Judicial Office (Papua New Guinea) Act 1979

No 177

Judicial Officers Act 1986 No 100

Jurisdiction of Courts (Cross-vesting) Act 1987

No 125

Jurisdiction of Courts (Foreign Land) Act 1989

No 190

Jury Act 1977 No 18

Justices Act 1902 No 27

Land and Environment Court Act 1979 No 204

Law Courts Limited Act 1977 No 10

Law Foundation Act 1979 No 32

Law Reform Commission Act 1967 No 39

Law Reform (Law and Equity) Act 1972 No 28

Law Reform (Marital Consortium) Act 1984 No 38

Law Reform (Miscellaneous Provisions) Act 1944

No 28


No 33


No 32

Law Reform (Vicarious Liability) Act 1983 No 38

Legal Aid Commission Act 1979 No 78

Legal Profession Act 1987 No 109

Lie Detectors Act 1983 No 62

Limitation Act 1969 No 31

Liquor Act 1982 No 147, Part 2 (remainder,

Minister for Gaming and Racing)

Listening Devices Act 1984 No 69

Local Courts Act 1982 No 164

Local Courts (Civil Claims) Act 1970 No 11

Lutheran Church of Australia (New South Wales

District) Property Trust Act 1982 No 101

Maintenance, Champerty and Barratry Abolition

Act 1993 No 88

Maintenance Orders (Facilities for Enforcement)

Act 1923 No 4

Marketable Securities Act 1970 No 72

Married Persons (Equality of Status) Act 1996

No 96

Matrimonial Causes Act 1899 No 14

Mental Health (Criminal Procedure) Act 1990

No 10

Methodist Church of Samoa in Australia Property

Trust Act 1998 No 96

Mining Act 1992 No 29, section 293 (remainder,

Minister for Mineral Resources)

Minors (Property and Contracts) Act 1970 No 60

Moratorium Act 1932 No 57

Notice of Action and Other Privileges Abolition

Act 1977 No 19

Oaths Act 1900 No 20

Olympic Arrangements Act 2000 No 1, Part 6

(remainder, Minister for Urban Affairs and

Planning, Treasurer, Minister for Transport,

Minister for Land and Water Conservation,

Minister for the Environment, Minister for Local

Government, Minister for Industrial Relations, and

Minister for Sport and Recreation)

Parliamentary Papers (Supplementary Provisions)

Act 1975 No 49

Partnership Act 1892 55 Vic No 12

Piracy Punishment Act 1902 No 69

Police Offences Act 1901 No 5 (except part,

Minister for Police)

Presbyterian Church of Australia Act 1971 No 42

Pre-Trial Diversion of Offenders Act 1985 No 153

Printing and Newspapers Act 1973 No 46

Privacy Committee Act 1975 No 37

Privacy and Personal Information Protection Act

1998 No 133

Professional Standards Act 1994 No 81

Property (Relationships) Act 1984 No 147

Protected Estates Act 1983 No 179

Public Defenders Act 1995 No 28

Public Notaries Act 1997 No 98

Public Trustee Act 1913 No 19

Recovery of Imposts Act 1963 No 21

Reorganised Church of Jesus Christ of Latter Day

Saints Trust Property Act 1959 No 13

Restraints of Trade Act 1976 No 67

Roman Catholic Church Communities' Lands Act

1942 No 23

Roman Catholic Church Trust Property Act 1936

No 24

Royal Institute for Deaf and Blind Children Act

1998 No 6

Russian Orthodox Church Property Trust Act

1991 No 91

Sale of Goods Act 1923 No 1

Sale of Goods (Vienna Convention) Act 1986

No 119

Scout Association of Australia (New South Wales

Branch) Incorporation Act 1928 No 26

Sea-Carriage Documents Act 1997 No 92

Search Warrants Act 1985 No 37

Securities Industry (Application of Laws) Act

1981 No 61

Sheriff Act 1900 No 16

Solicitor General Act 1969 No 80

Standard Time Act 1987 No 149

Status of Children Act 1996 No 76

Statutory Duties (Contributory Negligence) Act

1945 No 1

Stewards' Foundation of Christian Brethren Act

1989 No 172

Suitors' Fund Act 1951 No 3

Summary Offences Act 1988 No 25

Sunday (Service of Process) Act 1984 No 45

Supreme Court Act 1970 No 52

Supreme Court (Summary Jurisdiction) Act 1967

No 72

Telecommunications (Interception) (New South

Wales) Act 1987 No 290

Testator's Family Maintenance and Guardianship

of Infants Act 1916 No 41

Theatres and Public Halls Act 1908 No 13

Trustee Act 1925 No 14

Trustee Companies Act 1964 No 6

Trustees Delegation of Powers Act 1915 No 31

Unauthorised Documents Act 1922 No 6

Uncollected Goods Act 1995 No 68

Uniting Church in Australia Act 1977 No 47

Victims Compensation Act 1996 No 115

Victims Rights Act 1996 No 114

Voluntary Workers (Soldiers' Holdings)

Amendment Act 1974 No 27, sections 4 to 9

(remainder, Minister for Land and Water

Conservation)

Westpac Banking Corporation Act 1995 No 76

Wills, Probate and Administration Act 1898 No

13 (except parts, Treasurer)

Witnesses Examination Act 1900 No 34

Workplace (Occupants Protection) Act 2001 No 6

Workplace Video Surveillance Act 1998 No 52

Young Offenders Act 1997 No 54 (except parts,

Minister for Juvenile Justice)


APPENDICES

196

APPENDIX 19

NSW Government Action Plan for Women

The department is committed to the principles

of equity, access, rights and participation.

This commitment is reflected in our policies,

programs and services which aim to improve

outcomes for women.

The primary objective from the NSW Government

Action Plan for Women, which has been

integrated into departmental operations, is to

reduce violence against women. A number of

strategies have been implemented by the

department over the past year in pursuit of this

objective. These strategies form part of the

Government’s commitment to overcome some of

the barriers which prevent women from

participating fully in all aspects of society.

The department also works in partnership with

other government agencies to promote workplaces

that are equitable, safe and responsive to all

aspects of women’s lives.

Reducing violence against women

The Violence Against Women (VAW) Specialist

Unit in the department was established in 1997

to provide a coordinated approach to addressing

the needs of women experiencing violence. VAW,

jointly funded by the department, Department of

Health, NSW Police Service and the Department

of Community Services, in partnership with the

Department for Women, is responsible for

implementing the NSW Strategy for Reducing

Violence Against Women.

VAW develops strategic policy responses to

issues of violence against women and supports

strategies and programs aimed at the prevention

of violence. VAW manages seventeen Regional

Violence Prevention Specialists, who work to

enhance linkages between government and non-

Government agencies, conduct community

education and training and develop regional

violence prevention plans. VAW also provides

executive support to the NSW Council

on Violence Against Women.


APPENDICES

197

Table 1: Reducing violence against women – achievements

Achievements 2000/2001

• State Management Group, chaired by

the Director General, met five times.

• Nine new community members were

engaged to form part of the new council

on Violence Against Women, joining

Government representatives from strategy

partners. The first meeting of the new

Council will be held in July 2001.

• Key policy issues identified by Regional

Reference Groups.

• 17 Regional Action Plans completed

and distributed.

• Manager of the Violence Against Women

Specialist Unit is a member of the

PADV Taskforce and attended regular

meetings of the taskforce.

• VAW managed four PADV projects that

are continuing in Tamworth, Grafton and

Dubbo and a State-wide project

developing domestic violence inter-agency

guidelines relating to the legal system.

Goals

Responses to the issue

of violence against

women occur within a

whole of government

framework.

Outcomes

Articulation of violence

against women as a key

issue for government.

Strategies

Inform regional and local

directions through

central level coordination

from the State

Management Group.

Engage new community

members to be part of

the Council on Violence

Against Women as it

enters its next three-

year term.

Develop regional and

local priorities in

partnership with

Regional Reference

Groups.

Continue involvement

in Partnerships Against

Domestic Violence

(PADV) (Commonwealth).

• Regional Violence Prevention Specialists

delivered community education events

and developed educational materials.

• Regional Violence Prevention Specialists

promoted projects and discussions

around the prevention of violence

against women.

• The State-wide public education

campaign, Violence Against Women: It’s

Against All the Rules was launched in

December 2000. The posters on buses

and radio advertisements took place

during January 2001. The campaign

continued to be promoted throughout

NSW with specific regional initiatives

developed by the Regional Violence

Prevention Specialists. Campaign

materials were also developed which are

designed for the Aboriginal, Spanish

and Arabic communities.

• VAW continued to further develop the

election commitment to pilot an

education program for perpetrators of

domestic violence. The model will

involve men being mandated to attend

the program via a criminal charge. There

will also be a support program for

women and children. The program will

commence in July 2001.

• At the end of 2000 VAW engaged a

researcher to conduct a literature review

on the use of alcohol and other drugs to

facilitate sexual assault. The review has

informed and will continue to inform

prevention work in this area.

Strategies aimed at

preventing violence

against women are

developed and

implemented.

Increase community

understanding of the

nature and extent of

violence against

women.

Challenge community

attitudes that allow

violence against women

to occur.

Identify causes of


and strategies for

prevention.

Undertake a community

education campaign

aimed to raise

awareness among young

men about violence

against women.

Implement the election

commitment to pilot an

education program for

perpetrators of

domestic violence.

Ensure projects are

validated by current

research.


APPENDICES

198

Table 1: Reducing violence against women – achievements (cont’d)


• VAW engaged with strategy partners and

other agencies to promote coordinated

responses to policy issues.

• VAW has been requested throughout the

year to provide comment and advice on

the development of other departments’

policies relating to violence against

women (e.g. Department of Housing) and

within the department (e.g. local courts).

• The Regional Reference Groups continue

to provide a forum that facilitates cross-

agency information and networking.

Goals

Policy development and

implementation occur

in a coordinated

manner across central,

regional and local

levels.

Outcomes

Relevant departments,

agencies and

stakeholders meet on a

regular basis, regarding

policy development and

implementation at a

local, regional and

central level.

Strategies

Oversee a strategic,

integrated and cross-

agency approach to

planning and delivery of

services responding to

violence against

women.


APPENDICES

199

Table 1: Reducing violence against women – achievements (cont’d)


• Regional consultations and forums held

to facilitate communication between

agencies and women from culturally and

linguistically diverse backgrounds, women

who have a disability, older women,

lesbians, and women from Aboriginal and

Torres Strait Islander communities.

• Projects were undertaken in the

17 regions which promoted the

awareness of different groups of women

of the services and systems that are

available to assist.

• The Aboriginal Women’s Working Party

of the Council on Violence Against

Women met throughout the year. A

project proposal focusing on enhancing

service provision was developed and will

be presented to the community for

consultation next financial year.

Goals

Improve access to

appropriate health,

welfare and legal

services for all women

who experience

violence.

Outcomes

Provision of quality

services reflecting the

diverse needs of women

who experience

violence.

Strategies

Improve access by

ensuring regular

consultation with the

community.

Maintain the Aboriginal

Women’s Working Party

of the council to reduce


and develop a project

proposal to enhance

service provision.

Occupational health and safety

There was a decrease in the total number of work-related injuries and illnesses in 2000-2001.The number of work-related injuries and illnessesin 2000-2001 was 185 compared to 199 in1999-2000.

A detailed analysis of all work-related injuries and illnesses is currently being undertaken toidentify trends, patterns, causes, location andseverity to determine preventive action that needsto be taken.

Audit Review of Workers’ Compensation

The department's workers’ compensation systemwas audited in May 2001 and the process ofimplementing the auditors’ recommendations has commenced.

Workplace Safety Improvement Plan (WSIP)

Implementation of the WSIP commenced in

November 2000, with the appointment of a

Workplace Safety Coordinator and the establishment

of an executive OH&S Advisory Committee in January

2001. The Committee is chaired by the Director-

General and includes senior departmental officers

and WorkCover, union and employee representatives.

Projects commenced include: reviews of existing

OH&S policies and practices, development of

OH&S guidelines for the court environment, work

practices and training, and a review of training

and capital works resources in relation to OH&S.

Treasury Managed Fund (TMF) Sponsorship

The department has won TMF sponsorship for

a project to develop and implement an OH&S

management system. The project will establish

clear accountabilities for OH&S at planning and

operational levels, and provide processes for

implementing OH&S best practice within the

department.


APPENDICES

200

APPENDIX 20

Occupational health and safety statistics

Work-related injuries and illnesses for 2000-2001:

Number of Injuries

Type of Injury Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total

Animal bite 1 0 0 0 0 0 0 0 0 0 0 0 1

Biological/ 1 0 2 1 0 0 0 0 1 0 0 0 5chemical contact

Contact with 4 1 0 1 4 4 2 1 2 3 4 1 27objects

Contact with 0 1 0 0 1 0 0 0 1 0 2 1 6person

Fall/Slip 5 7 7 2 4 1 0 2 7 4 6 9 54

Handling 2 4 2 2 3 0 0 0 0 0 5 1 19

Mental stress 1 1 2 1 0 3 1 1 0 3 1 2 16

Repetitive 4 2 1 4 0 0 4 5 4 1 1 5 31movement

Unspecified 3 2 1 4 0 0 0 1 2 0 3 1 17mechanisms

Vehicle 1 0 0 0 1 0 0 0 3 0 3 1 9

TOTAL 22 18 15 15 13 8 7 10 20 11 25 21 185

HOURS LOST 1,398 1,883 2,109 3,222 1,536 469 872 1,103 950 1,506 820 764 16,637


APPENDICES

201

NAME & POSITION CITY/COUNTRY PURPOSE OF DURATION TOTAL FUNDS PRIVATE STATUSVISITED TRIP OF VISIT TRAVEL SOURCE TRAVEL

COST

Mr Chris Puplick, President, New Delhi, Conference 6-10 March to be met to be met nil ApprovedAnti Discrimination Board India 2000 by conference by conference

organisers organisers

Mr John Le Breton, Director, Singapore Conference 17-19 April $3,083 OPG nil ApprovedOffice of the Public 2000Guardian

Prof. Reg Graycar, New York, Conference 26-28 April $1,760 LRC 21-25 April ApprovedCommissioner, Law Reform USA 2000 2000Commission and

29 April-2 May 2000

Justice R O Blanch, New York, Take evidence 29 April- $4,048 District Court nil ApprovedChief Judge, District Court Dublin, 26 May 2000

Portland,London

Mr Trevor Stacey – USA, UK Investigation 22 July- $15,000 Registry of nil ApprovedRegistrar, Births, Deaths & Canada into o/s 10 August BDMsand Marriages experiences 2000

on a range ofclient

identificationprocess & strategies

Mr Chris Puplick – South Africa World AIDS 10-28 July $2,000 Departmental nil ApprovedAnti Discrimination Board and England Conference 2000 Funds and

NSW Health Department

Ms Marianne Curtis – Canada & International 2-16 Aug $6,950 Victims nil ApprovedVictims Services USA Symposium 2000 Services

Dr Paul Niall – Chief Washington, Annual 10-28 Sep $10,929 Comp.Court nil ApprovedMedical Officer, USA Meeting 2000 Fees – Compensation Court Examiners

ExpenseAccount

Office of the Chief Scotland Commonwealth 10-15 Sep Salary costs Chief nil ApprovedMagistrates – 11 Conference 2000 only Magistrate'sMagistrates Office

Mr Chris Shipway – England & Meetings in 21 Sep- $2,120 Crime nil ApprovedCrime Prevention Denmark relation to 2 Oct 2000 PreventionDivision crime and Division

violence travelstrategies budget

DanishGovernment

Mr Rob Fornito San Diego Course and 2-11 Dec $6,506 District Court nil Approved– District Court & LA Meetings 2000

Mr Laurie Glanfield Vanuatu AusAID 6-10/11(LG) $0 AusAID nil Approved– Director General, & meeting 6-24/11 (NU)Ms Naomi Ubrihien

Mr Steve Mark, Legal Nashville, Attending 10-19 March $0 Vanderbilt nil ApprovedServices Commission USA Symposium 2001 Journal of

TransnationalLaw

APPENDIX 21 Overseas travel


APPENDICES

202

NAME & POSITION CITY/COUNTRY PURPOSE OF DURATION TOTAL FUNDS PRIVATE STATUSVISITED TRIP OF VISIT TRAVEL SOURCE

COST

Mr Roger Dive, Senior Miami, Conference 8-17 Jan $27,000 Drug Court, nil ApprovedChildren’s Court Florida 2001 Legal Aid CommissionMagistrate, Ms Kerry Graham,Solicitor with theLegal Aid Commission seconded to the YouthDrug Court and Mr DavidLewis, Coordinator/Registrar of the Youth Drug Court

Professor Reg Graycar, Capetown, Family Law in 29 Jan- $500 Law Reform nil Approved NSW Law Reform South Africa a changing 6 Feb 2001 Commission society

conference

Mr Laurie Glanfield – Seattle, Meetings on IT 19-28 March $16,310.83 Executive nil ApprovedDirector General SanJose, and Microsoft March 2001

Washington, GovernmentUSA Leaders'

Conference

Magistrate China Human Rights 21-23 May Salary costs HREOC, nil ApprovedCarl Milovanovich and Equal 2001 only Chief

Opportunity Magistrate's Commission Office

Ms Fiona Cameron, Netherlands Diplomatic 5-20 June $9,321.43 L&P nil ApprovedPrincipal Policy Advisor, Conference of 2001Legislation and the HaguePolicy Division Special

Commission

Mr Chris Puplick, NY, Work for 20 June- $1000 + ADB nil ApprovedPresident Anti Washington Federal 20 July 2001 salaryDiscrimination Board & London Government

as Chair of ANCAHRD

Dr Paul Niall, Chief Washington, Attend 30 Aug- $9,689.86 Compensation 30 Aug- ApprovedMedical Officer, USA Conference 12 Sep Court, Fees – 3 Sep 2000 Compensation Court on the Biology 2001 Examiners & 10-12 Oct

of Noise- Expense 2001Induced Account

Hearing Loss

Dr Paul Niall, Chief Cairo, USA Attend the 20-27 Oct $11,397.88 Compensation 18-19 Oct ApprovedMedical Officer, XVII World 2001 Court Medical and Compensation Court Congress of Division, 28 Oct-

the Fees – 2 Nov 2001International ExaminersFederation of ExpenseOto-Rhino-

LaryngologicalSocieties(IFOS)

Ms Sian Leathem, Vanuatu Meet local 8-13 July None n/a nil ApprovedProject Director, Vanuatu staff July 2001State Law Office and officers

from AusAIDpost in

Port Vila

APPENDIX 21 Overseas Travel (cont’d)


APPENDICES

203

NAME & POSITION CITY/COUNTRY PURPOSE OF DURATION TOTAL FUNDS PRIVATE STATUSVISITED TRIP OF VISIT TRAVEL SOURCE

COST

Ms Pam Wilde, Vanuatu Meet local 8 July- $0 n/a nil ApprovedLegislative Advisor, Vanuatu staff 27 July 2001State Law Office and officers

from AusAID post in

Port Vila

His Honour Judge San Francisco To attend an 12-26 May $16,200.00 District Court nil ApprovedA F Garling, "Advanced 2001 of NSWDistrict Court of NSW Caseflow

ManagementCourse"

Mr Bernie Marden, UK Attend the 24-30 June $4,742.00 Professional nil ApprovedProfessional 6th Annual 2001 Standards Standards Council Conference on Council

StrategicDirections

for UK ProfessionalAssociations

Mr Anton Poder, USA Study tour of 14 Sep- $2,681 Crime nil ApprovedSenior Policy Officer, American 22 Oct PreventionCrime Prevention Drug Courts 2001 DivisionDivision and attend

conferenceon Crime

Prevention

APPENDIX 21 Overseas Travel (cont’d)

APPENDIX 22

Publications (New)

Aboriginal Justice Advisory Council

• AJAC E-News monthly newsletter

• RCIADIC Review Where to from Here

Administrative Decisions Tribunal

• Administrative Decisions Tribunal Annual

Report 1999-2000 (tabled March 2001)

• Administrative Decisions Tribunal web site

• Videos on Good Decision Writing

Bureau of Crime Statistics and Research

CRIME AND JUSTICE BULLETINS

• Community survey of willingness to receive

stolen goods

• NSW Drug Court: Monitoring Report

• NSW Drug Court Evaluation: Interim report

on health and well-being of participants

• What Causes Crime?

• The scope for reducing indigenous

imprisonment rates

• The problem of mobile phone theft

ALCOHOL STUDIES BULLETINS

• Temporal and Regional Aspects of Alcohol-

Related Violence and Disorder

RESEARCH REPORTS

• Validation of NSW Police Crime Statistics:

A Regional Analysis

• Drug Crime Prevention and Mitigation:

A Literature Review and Research Agenda

• Simulating the NSW Criminal Justice System:

A Stock and Flow Approach

• An Evaluation of the Safe City Strategy in

Central Sydney


APPENDICES

204

STATISTICAL REPORTS

• NSW Criminal Courts Statistics 1999

• NSW Recorded Crime Statistics 2000

BUREAU BRIEFS (PUBLISHED ON WEB SITE ONLY)

• Increases in the NSW remand population

• Operation and Crime Review Panels: Their

Impact on Break and Enter

• NSW Recorded Crime Statistics 2000:

Regional Analysis of Crime Trends

• Trends in Formal Charges and the Use of

Alternative Processes by NSW Police

• Drug and Theft Offences in Cabramatta Local

Area Command: 1998 to 2000

• Trends in Firearm Offences in NSW

Community Relations Division

• Community Relations Division Commitment to

Client Service

• General Information for Applicants – Section

48(2) Fines Act 1996

Compensation Court

• Compensation Court of NSW Annual

Review 2000

• NSWCCR – two volumes for judgments

delivered March 2000 – February 2001

• Compensation Court information sheet –

General Guide for completing an Application

for Determination and Answers to Common

Questions


Listing Process for Sydney, Parramatta,

Newcastle and Wollongong


Listing Process for Country Circuits

• Compensation Court brochure – Medical Panel

Information

• Compensation Court form – Feedback and

Complaints

Crown Solicitor’s Office

• David Norris Scandalising the Court 2001

5 TJR 67.

• Bimonthly client newsletters

• Guidelines for Bona Vacantia petitions for

publication by CCH in Wills Practice NSW

Handbook

• Contributions and updates for Robinson’s NSW

Administrative Law (LBC Information Services)

Law Reform Commission

• LRC Report 95: The Right to Silence

(July 2000)

• LRC Report 96: Sentencing: Aboriginal

Offenders (October 2000)

• LRC Report 97: The Rule in Pigot’s Case

(January 2001)

• LRC Report 98: Surveillance: An Interim

Report (February 2001).

• LRC Issues Paper 18: Complaints Against

Lawyers: Review of Part 10 (October 2000)

• LRC Discussion Paper 43: Contempt by

Publication (July 2000)

• LRC Research Report 10: The Right to Silence

and Pre-Trial Disclosure in NSW (July 2000)

Library Services

• Current Awareness bulletins

• Hot topics

• New titles

• Legislation bulletin

Office of the Legal Services Commissioner

• Without Prejudice – three editions

• Pamphlet on functions and procedures

• OLSC submissions to the Law Reform

Commission Review of Part 10 of the Legal

Profession Act 1987

Office of the Protective Commissioner

• Protective Commissioner’s Annual Report

1999-2000

• Annual Report Highlights 1999-2000

• Service Standards for Estate Management

• Private Managers Handbook


APPENDICES

205

• OPC News newsletter for clients (biannual)

(July 2000)

• Connect newsletter for service providers

(March 2001)

• Managing newsletter for private managers

• Fact sheet – explaining decision making

processes

Privacy NSW

• Privacy NSW brochure

• Privacy NSW Complaints Protocol

• Privacy NSW Advice Protocol

• 1998-1999 Annual Report

• Report of the NSW Ministerial Advisory

Committee on Privacy and Health Information:

Panacea or Placebo? Linked Electronic Health

Records and Improvements in Health Outcomes

Supreme Court

• Registry charter of service

• Bail refund brochure (revised form)

• Mediation and evaluation brochure

• Probate brochure

• Court of Appeal brochure

• Law Almanac 2001

• Annual Review 2000

Victims Services

• Standards for Providing Court Support Services

for Victims of Crime

• Submissions Concerning Offenders in Custody:

Information Package

• Poster for non-English speaking groups on

Victims Support Line

APPENDIX 23

Privacy and personal information

The NSW Attorney General’s Department has

developed a comprehensive Privacy Management

Plan to ensure compliance with the principles

and requirements of the Privacy and Personal

Information Protection Act 1998.

The management plan provides guidance on therequirements of the Act for all officers dealingwith personal information. The plan providesstrategies for compliance with the Act andidentifies procedures which can be adopted toeliminate or reduce the risk of non-compliance.

A project officer position has been establishedwithin the department to coordinate theimplementation of the Privacy Management Planand ensure that the department meets itsobligations under the Act. The officer will workin partnership with Privacy NSW in:

• raising general awareness and understandingacross the department regarding privacy issues;

• oversighting the development andimplementation of specific privacymanagement strategies across the department;and

• developing key performance indicators andsetting benchmarks in relation to measuringcompliance with the Act, including regularreporting mechanisms.

Applications for Internal Review under the Privacyand Personal Information Protection Act 1998:

Number of DeterminationApplications

1 Original decision to refuse application upheld

APPENDIX 24

Recycling performance

The department developed a Waste Reduction andPurchasing Plan (WRAPP) in 1998 in response toa government policy initiative requiring agenciesto adopt environmentally responsible wastereduction and purchasing practices.

The plan was approved in May 1999 and includedvarious strategies to reduce the quantity of papermaterial going to landfill, encouraging a greateruse of electronic communication, encouraging theuse of desk paper recycling boxes by staff andrecycling waste paper wherever possible.

A progress report on the WRAPP was forwarded to

the Environment Protection Authority (EPA) in

May 2001 detailing the department’s recycling

and waste reduction performance. To inform the

report, several waste audits were conducted

which involved a physical examination of the

waste generated at six sites which house almost

25 per cent of the department’s staff

establishment. This will provide the basis for

measuring waste reduction performance.

A revised WRAPP has been developed and

forwarded to the EPA for consideration.

APPENDIX 25

Risk management and insuranceactivities

The major risks in the department are the security

of assets and accidents resulting in workers’

compensation and insurance claims.

The department has full workers’ compensation,

motor vehicle accident, property, liability and

miscellaneous cover provided by the Treasury

Managed Fund (TMF) managed by GIO General

Limited.

The TMF is a self-insurance scheme, which

provides a systematic and coordinated approach

to the practice of risk management. Under this

structure, benchmarking was introduced as a

gauge of performance with premiums determined

by a combination of benchmarks and the

department’s claims’ experience.

In respect of the department’s 2000-2001

workers’ compensation premium, there was a

significant shortfall between the funding provided

by treasury and the actual premium paid by the

department due primarily to a deterioration in the

department’s claims performance.

There was an increase in the department’s motor

vehicle insurance premium, again primarily due

to a deterioration in its claims experience.

However, it is expected that the implementation

of tighter controls and revised practices and

procedures will result in a major improvement in

the department’s claims performance and a

reduction in its premium in future years.

Risk management policies and procedures are

continually being reviewed, with the aim of

enhancing the department’s risk management

profile, thereby reducing future premiums. The

department is currently undertaking a project

sponsored by the TMF with the assistance of GIO’s

Risk Management Unit which will lead to the

development of an improved Occupational Health

and Safety structure and self-assessment system.

It will also support the activities of the

department’s Work Safety Improvement Plan with

sustainable systems for continued improvement.

A further proposal for a sponsored project is being

developed in connection with improving risk

management in the courts.

APPENDIX 26

Senior Executive Service officers

Anderson, AnitaDirector, Local Courts

Anet, Peter BA, LLB

Deputy Crown Solicitor

Cox, Russell B Com.

Director, Finance and Strategic Services

Curry, Gregory B.App.Sc. (Mathematics), M.Stats. Executive MBA

Director, Executive and Strategic Services

Feneley, John LLB

Principal Courts Administrator, District Court

Gabb, Ken LLB

Protective Commissioner and Public Guardian

Glanfield, Laurie AM BA, LLB (Hons)

Director General

Grant, Bill LLB

Deputy Director General

Hennessy, Peter LIB (WA), BEc. (ANU)

Executive Director, Law Reform Commission

Homel, Peter* BA (Hons) (Psychology), MA

(Latin American Studies)

Director, Crime Prevention Division

Inga, Giulia BA, LLB

Principal Courts Administrator,

Compensation Court


APPENDICES

206


APPENDICES

207

Johnston, Nerida LLBChief Executive Officer, Supreme Court

Kaban, Lida Dip. Law (BAB)Director, Community Relations Division

Kelly, Bruce LLBSheriff of NSW

Knight, Ian BA, LLBCrown Solicitor

Kuti, Andrew BEcDirector, Financial Services Branch

Le Breton, JohnDirector, Office of the Public Guardian

McGrath, Timothy LLBPrincipal Courts Administrator/IndustrialRegistrar, Industrial Relations Commission

Mark, Steve LLBLegal Services Commissioner

Morgan, Alison*** BAActing Registrar, Registry of Births, Deaths andMarriages

Orr, Mark Master of Health Services Management;Graduate Diploma (Special Education), BS(Hon)Psychology.Deputy Protective Commissioner and DirectorClient Services, Office of the ProtectiveCommissioner and Public Guardian

Puplick, Chris AM BA (Hons), MAPresident, Anti Discrimination Board and PrivacyCommissioner

Robertson, Brian B Com.Director, State Debt Recovery Office

Ruse, Paul LLBRegional Coordinator, Northern Region, LocalCourts

Ryan, Peter Dip. Law (BAB)Deputy Director, Local Courts

Schreiber, Gwenda MSc (Psychology), PhDDirector, Children’s Court Clinic

Somerville, Bronwyn** MA, Dip Criminology, B PsychiatricsActing Director, Crime Prevention Division

Stacey, TrevorActing Director, Information Technology Services

Tangney, Maureen BA, LLB

Director, Legislation and Policy

Vernon, Claire B Social Work

Director, Victims Services

Weatherburn, Don PSM BA (Hons) (Psychology), PhD

Director, Bureau of Crime Statistics and Research

* Currently on secondment to the UK

** Temporary appointment for the period of P Homel’s

secondment to the UK

*** Temporary appointment for the period of T Stacey’s

secondment to IT services

Statements of Performance

(for Senior Executive Service Officers at Level 5

and above)

Laurie Glanfield, AM

Director General

SES Level 7 ($276,135 p.a.)

During 2000-2001 the Director General continued

his commitment to assist the NSW Government,

Judiciary, Parliament and the community to

promote social harmony through programs that

prevent crime and protect human rights.

New communications technology has been a

strong focus for the Director General over the last

year. The department’s LawLink NSW internet

web site and Infolink intranet web site continued

to grow. By June 2001, these sites were recording

four million pages viewed per month, with

approximately two-thirds (2,500) of the

department’s staff regularly using the intranet.

The development of a new electronic Courts

Administration System made significant advances

this year. The project will commence in October

2001 and when operational will provide uniform

electronic document management across the

NSW court system.

Other achievements using technology include:

• The Land and Environment Court successfully

trialled with the Law Society of NSW and a

number of law firms a system to provide

authenticated online lodgment of court

documents.

• Videoconferencing facilities in courts were

introduced allowing prisoners to appear via video

link on bail and procedural matters – a significantcost saving as well as improving public safety.

• A video link-up network will be online byDecember 2001 and cover 39 court andjustice agency locations and allow experts andother witnesses to give evidence to courts fromremote and overseas locations.

• Uniform standards have been adopted for allNSW courts and tribunals allowing theimmediate publication of electronic judgmentson Lawlink NSW.

• Two technology courtrooms were established inthe Supreme and District Courts, significantlyimproving service delivery through use ofelectronic documents, as demonstrated ininquiries such as the Glenbrook Rail Inquiry,the Thredbo Inquiry and the Inquest into theSydney to Hobart yacht race.

• The Justice Agencies Data Exchange Project(JADE) provides a seamless electronic transferof criminal histories data between courts andNSW Police.

• The General Local Court (GLC) computer rollout has been implemented in 56 local courtswhere 80 per cent of all criminal matters arefinalised. This system provides computerisedaccounting systems, electronic transfer ofinformation, statistical data and documents andthe automation of enforcement procedures.

• Online transcripts on Caselaw NSW, availablethrough Lawlink NSW, continue to grow, withover 4,000 subscribers receiving transcripts ofjudgments from a range of courts in NSWdirectly by e-mail.

• A number of judges are now using voicerecognition software for dictation in the SupremeCourt (5), District Court (4), Compensation Courtand Dust Diseases Tribunal (5). A trial of thebenefits of the software is currently under way atthe Land and Environment Court. Twenty-fivelocal court magistrates will also soon be able touse the software.

• A major upgrade of court transcript services isunder way, with 16 District Court courtroomssoon to be networked with remote video andaudio recording equipment, allowing a single

operator to monitor two courtroom proceedings

from another location.

A Legal Resource and Referral Centre has been

established in partnership with the NSW Bar

Association, the Law Society of NSW and Legal Aid

Commission. The centre will provide greater access

to justice, particularly for regional and rural NSW.

Detailed planning and consultation with community

legal centres has been undertaken and services are

scheduled to commence in September 2001.

The Aboriginal Justice Advisory Council circulated

a discussion paper on circle sentencing and, after

consultation, developed an alternative sentencing

model. The model will be trialled in Nowra in the

year ahead.

Improvements in court processes to reduce delays

have been a particular focus for the department.

The compilation of key performance indicators for

court services commenced in October 2000.

Measures of clearance ratios, backlogs and

overloads are now compiled monthly to provide a

snapshot of court performance for court managers

and senior executives. In addition, the development

of streamlined performance reporting mechanisms

in a number of courts was carried out and will

continue in 2001-2002.

Other significant gains in court performance are:

• The Supreme Court adopted time standards for

processing of cases, a new practice with

arraignments in criminal trials so that these

occur within one month after committal rather

than four months and a new practice where

every case is listed in the Court within six

months of filing.

• The number of Supreme Court criminal trials

on hand fell from 121 to 99 this year. The

median delay for trials during 2000-2001

was 8.7 months compared with 13 months

(custody) and 21 months (bail) at the end of

1999-2000. Trials involving accused on bail

are no longer separately streamed from those

for accused in custody.

• The District Court is also achieving a significant

reduction in the criminal pending caseloads due

to the success of the centralised committals

scheme, improved listing procedures and the


APPENDICES

208


APPENDICES

209

allocation of increased resources. Criminal cases

awaiting trial are now the lowest on record (from

around 3,000 in the first half of the 1990s to

just over 1,000 at present).

• The number of new trial committals State-wide

for the District Court has also decreased. The

continuing fall in registrations is indicative of

the success of the centralised committals

scheme, particular, in Sydney and Sydney West.

• Trials finalised by the District Court have dropped

by 13 per cent over the last two years, due to a

significant reduction in pending caseloads and an

increase in complexity and length of trial matters

being committed to the Court.

• Following successful pilots, Local Courts has

expanded its “transportability of work”

program. Work such as data entry is now

shared between the large metropolitan

registries and smaller courts in regional or rural

areas to provide balanced workloads.

• The ongoing expansion of the Local Court

Telephone Chamber Service and Outreach

Services has improved access for residents in

remote and isolated rural areas and for people

in metropolitan areas who have difficulty

accessing a local court because of disability,

poor mobility, young children, poverty, distance

or poor transport links. Clerks of the court and

chamber magistrates now provide an almost

complete range of registry and local court

services at 45 non-court locations.

Crime prevention at the local level continues to be a

high priority. Thirteen more local councils had crime

prevention plans endorsed this year, making a total

of 60 local councils which are now committed to

crime prevention planning. The Safer Communities

Development Fund distributed $351,078 to 13

community projects this year and, for the first time,

grants were also given specifically to support

Aboriginal youth crime prevention initiatives. A

notable $300,000 in grants was distributed under

the Beat Graffiti Grants Program. A crime

prevention education campaign aimed at reducing

violence against women by young men was

conducted. The campaign used sports stars as role

models to deliver the message Violence Against

Women: It’s Against All The Rules.

Over 6,600 applications for counselling from

Victims of Crime were received this year and

approximately 20,000 counselling hours were

approved for victims of crime during the year. Over

$1.6 million was paid to counsellors to provide this

counselling. The Victims of Crime Tribunal received

6,003 applications for compensation and 10,833

applications were determined, compared to 6,025

last year, reducing the number of claims awaiting

determination by 26 per cent. Over $88 million

was paid out in compensation this year and $3.5

million was recovered from convicted offenders.

A Family and Friends of Missing Persons Unit was

established as part of the Government’s election

commitment to assist families and friends of

missing people. The service provides Australia’s

first dedicated telephone counselling service and

operates 24 hours, 365 days of the year.

Following new arrangements for hearing children’s

matters, specialist registrars have been appointed

to the Children’s Court to hear and determine

applications for care matters for young persons

under 16 years of age. The registrars have

experience and training in working with young

people and families.

A number of significant legislative proposals has

passed through parliament this year including:

• Legal Profession Amendment (Incorporated

Legal Practices) Act 2000 (NSW) – amends the

Legal Profession Act 1987 (NSW) to enable

solicitors to incorporate their legal practices.

• Corporations Law (Referral of Powers) Act 2001

(NSW) – refers certain matters relating to

corporations, corporate regulation and financial

products and services to the Commonwealth

Parliament to enable the Commonwealth

Parliament to make laws about those matters

under s.51(xxxvii) of the Constitution.

• Federal Courts (Consequential Provisions) Act

2000 (NSW) – amends a number of State Acts

to omit provisions that purport to confer State

jurisdiction on federal courts.

• Legal Aid Commission Amendment Act 2000

(NSW) – amends the Legal Aid Commission Act

1979 (NSW) in relation to the constitution of the

Board of the Legal Aid Commission and Legal Aid

Review Committees, the management of the

Commission and legal assistance arrangements

between the Commission and the Commonwealth.

• Crimes Legislation Further Amendment Act

2000 (NSW) – amends various Acts with

respect to courts, court procedures, judicial

officers and related matters.

• Law Reform (Miscellaneous Provisions)


Law Reform (Miscellaneous Provisions) Act

1965 (NSW) to ensure, in certain

circumstances, the damages recoverable by a

person who sues for breach of a contractual

duty of care are to be reduced to the extent of

any contributory negligence by the person.

Other major projects on legislative reform

included publishing a discussion paper on

Community Justice Conferencing for Adult

Offenders, reviewing the Justices Act 1902

(NSW) and the Sheriff Act 1900 (NSW),

reviewing a proposed Code of Practice under the

Privacy and Personal Information Protection Act

1998 (NSW) and reviewing the operation of a

number of Acts, including the Legal Profession

Act 1987 (NSW), the Public Defenders Act 1995

(NSW), the Confiscation of the Proceeds of Crime

Act 1989 (NSW), and the Children (Protection)

Parental Responsibility Act 1997 (NSW).

A culture of effective leadership and a productive,

motivated workforce have been fostered through

continued education and training. The Employee

Awards Program rewards and recognises

outstanding achievement and promotes

excellence in customer service. This year, awards

were presented to six employees and five teams.

The department’s Equal Employment Opportunity

Strategic Management Plan has implemented a

number of projects this year to improve the

representation of women and staff from non-

English-speaking backgrounds at senior levels.

Similarly, the Aboriginal and Torres Strait Islander

(ATSI) Employment Strategy has introduced new

programs to improve career development and

workplace support.

In March 2001, a new strategic plan titled Our

Commitment to the Community was introduced to

lead the organisation and reinforce its vision andvalues in serving the citizens of NSW. Thedepartment’s business planning is now aligned withOur Commitment to the Community and a revisedCorporate and Business Management Cycle preparedin order to streamline business centre reporting.

A new Disability Strategic Plan 2000-2002 wasdeveloped which included a Flexible ServiceDelivery Program to provide the improved trainingand resources for frontline staff to better respondto clients with a disability.

The department’s quality program was revampedduring the year to provide a new, broaderapproach to quality and improvements to overallperformance.

A major project to reform corporate services wasintroduced which will pull together a range ofdisparate projects and focus on directing resourcesfrom corporate overheads to direct service delivery.

The department remains in a sound financialposition and continues to maintain and enhanceoperations despite the challenge of unfundedaward increases in 2000-2001.

Ian KnightCrown SolicitorSES Level 6 ($219,510 p.a.)

The Crown Solicitor personally prepared or supervisedthe preparation of advisings on a range of subjects,including screening for child-related employment,additional entitlements for MPs, power ofParliamentary Committees to enter premises, mattersrelating to Pauline Hanson’s One Nation party, ss.13/13B Constitution Act 1902 (NSW), the retailelectricity market, closure of high schools, disciplineof transferred officers and the Sheahan Inquiry.

Opinions were provided by the Crown Solicitor tothe Auditor General and published in his reportsunder the Public Finance and Audit Act 1983(NSW), including opinions on the performance byagencies and public servants of their functionsoutside NSW, the General Government DebtElimination Act 1995 (NSW) and production ofdocuments to the Public Accounts Committee.

A submission was made by the Crown Solicitor toa Parliamentary Review of the ProtectedDisclosures Act 1994 (NSW).


APPENDICES

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APPENDICES

211

The Crown Solicitor personally conducted a review

of the Torts Law Practice Group within the Crown

Solicitor’s Office (CSO), resulting in the group

being split into two groups: one acting for justice

and law enforcement agencies, the other for

service and regulatory agencies. This has seen an

even more effective, specialised service for clients.

The Crown Solicitor continued to edit the CSO

client newsletter which now has a circulation

well beyond its client base and has become an

important means of marketing for the CSO.

Australasian Crown Solicitors met in Adelaide

and considered, inter alia, the report of its

working party on tobacco litigation by

Australasian governments. The Crown Solicitor

was a member of the working party. Australasian

Crown Solicitors subsequently presented a report

to the Standing Committee of Attorneys General.

The Crown Solicitor also prepared a number of

advisings in relation to tobacco litigation for

the NSW Government.

With the continuing absence of a practice manager

who was acting as Protective Commissioner and

Public Guardian, the Crown Solicitor retained an

active involvement in the administration of the CSO.

While the Olympics impacted for a period upon

the profitability of the CSO, the overall result for

the year was above budget. The accumulated

profit before superannuation adjustment was

$1,248,126, resulting in a dividend of $873,700

being payable to treasury.

Ken GabbProtective Commissioner and Public Guardian

SES Level 5 ($158,840 p.a.)

This year was in many respects a year of

preparation for a year of significant achievement

in 2001-2002 for the Office of the Protective

Commissioner (OPC). Although many of the

business plan’s objectives were met, some were

not and remain for completion next year.

OPC’s business plan for 2000-2001 listed six

key objectives, including:

• introduction of the prudent person principle;

• review of fees charged by OPC and the

introduction of more transparent funding;

• implementation of a new managementstructure;

• implementation of the GST requirements;

• implementation of the recommendations of theArthur Andersen review of internal audit andfraud prevention; and

• development of improved informationtechnology applications.

Government approval to introduce diversificationof investment was not forthcoming by year’s end.Diversification will be introduced in the comingyear. Other aspects of the prudent personprinciple implementation project were completed.A financial planning branch was established toenable formal financial plans to be developed forall OPC managed clients. Investment softwarewas purchased and integrated into OPC’ssystems. The Attorney General’s approval was also obtained for the creation of an InvestmentAdvisory Committee to advise on appropriateinvestment strategies and compliance systems.

During the past year OPC completed much of theanalysis necessary to review its fees and developedan internal discussion paper for consideration by asenior officers group to be established by theGovernment to help OPC develop a new model forfunding our services. The Government has agreed totake into account the community service obligationsthat OPC undertakes on behalf of the community.

A new structure for OPC was approved by theDirector General, following lengthy but successfulnegotiations between OPC management and thePublic Service Association. The new structure isdesigned to give greater emphasis to clientservice and clearer reporting lines. Recruitmentfor the new structure has commenced and will be completed in the coming year.

OPC successfully implemented all necessarychanges as a result of the introduction of GST. As reported last year, OPC was also successful in gaining exemption from the GST for OPC’smanagement fees.

Following two instances of fraud within OPC in1999, Arthur Andersen conducted a review of OPCinternal audit and fraud prevention processes earlyin 2000 and made a number of recommendations.

As a result, OPC created a Quality Control andAudit branch within its new structure. Positiondescriptions for all OPC staff were also amended to include an obligation to report any instance offraud and training of staff, in association with theIndependent Commission Against Corruption(ICAC). Service standards were developed and thecomplaints handling systems revised and improved.Although legislation to provide for easier externalreview of OPC’s and OPG’s decisions is yet to beintroduced, the Protective Commissioner andPublic Guardian supports such a reform insubmissions to the Public Bodies ReviewCommittee of Parliament and the Council on the Cost and Quality of Government.

During 2000-2001 OPC successfully moved itsinformation technology platform from an oldproprietary environment to a contemporaryNT/SQL environment. In addition, it completedthe first phase of a project to introduce animproved Client Information System (CIS). Theseinitiatives, as well as enhancements to betterintegrate OPC’s other information systems, willlead to more efficient processes to help OPC copewith ever increasing client numbers.

The Office of the Public Guardian (OPG)consolidated a significant number of strategiesaimed at creating greater transparency andaccountability during 2000-2001. The businessplan for 2000-2001 listed five key objectives.They were:

• to provide a guaranteed level of service qualityto people under guardianship;

• to ensure clients and significant others have thenecessary information to understand the baseson which decisions concerning them are made;

• to create greater accessibility of servicethrough further decentralisation;

• to ensure the community has access toinformation about options such as enduringguardianship; and

• to facilitate the dissemination of OPG policiesto clients and service providers in a moreaccessible form.

Last year staff of the OPG developed a set ofminimum standards for guardianship service

provision and commenced implementation. This is

a task that continued into this financial year, with

strong staff commitment to meeting the standards

and developing a mechanism for assessment. An

initial step in the assessment of compliance with

the standards was to use feedback received

through complaints lodged with OPG.

Staff commenced producing written reasons for

all major decisions to people under guardianship

(and others on request) for the first time during

this financial year. In conjunction with the

development of a sophisticated database, reasons

for decisions are produced in a comprehensive

and consistent style that details the reasoning

undertaken by OPG in coming to a decision and

the facts upon which the decision rests. Given

the importance of this strategy, negotiations were

undertaken with staff to make some changes in

other practices to enable them to implement the

strategy in the most effective way.

OPG’s objective to further decentralise, through the

creation of a third regional office in south-western

Sydney, was not realised this year due to financial

constraints. Nevertheless, support will continue by

the Public Guardian of the relocation of OPG staff

to areas where there resides a significant number

of people under guardianship, so that there is ease

of access to the person under guardianship and the

professionals and carers who support them.

OPG has acted vigorously during the year to make

information available to the community on

processes and practices, as well as promoting less

restrictive alternatives to the appointment of the

Public Guardian. The promotion of the appointment

of an enduring guardian has continued with

community education activities occurring across the

State, accompanied by written material.

Over the course of the year medical, dental and

lifestyle decisions were made for 2,021 people

who have disabilities. OPG staff members have,

without increased resources, responded to the

growth in client numbers while maintaining

standards in relation to their practice and

expectations of them held by the community,

professional groups and the Guardianship

Tribunal. Staff members were involved in more

than 990 hearings at the Guardianship Tribunal.


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APPENDICES

213

APPENDIX 27

Statutory appointments andsignificant committees

Statutory appointments:

Legal Practitioners Admission BoardBill Grant, Deputy Director General

Operations Review of the Independent CommissionAgainst CorruptionLaurie Glanfield, Director General

Public Purpose FundLaurie Glanfield, Director General (Trustee)

Privacy Advisory CommitteeChris Puplick, Privacy Commissioner and Bill Grant, Deputy Director General

Significant committees:

Aboriginal Justice Advisory Committee – South Coast Region William Wheeler, Local Courts

Aboriginal Justice Advisory Committee– Sydney RegionPeter Ryan, Local Courts

Advisory Council of the Offices of the ProtectiveCommissioner and Public Guardian Ken Gabb and John Le Breton, Office of theProtective Commissioner and Office of the Public Guardian.

Apprehended Violence Legal Issues CoordinatingCommitteeCarol Carter, Local Courts

Australian Criminology Research CouncilLaurie Glanfield, Director General (Chairperson)

Australian Commercial Disputes CentreLaurie Glanfield, Director General (Director andVice Chairman)

Australian Institute of Judicial AdministrationLaurie Glanfield, Director General (DeputyPresident)

Centre for Legal Education Advisory Board and Law Advisory Committees of the University ofTechnology, University of Wollongong and University of Western SydneyLaurie Glanfield, Director General

Child Protection (Offender Registration)

Implementation Committee

Jennifer Hickey, Criminal Law Review Division

Department of Public Works and Services’

Government Selected Applications Systems

(GSAS) Contract Management Committee

Andrew Kuti, Director Financial Services

Domestic Violence Court Assistance Scheme

Advisory Committee

Julie Harrison, Local Courts

Expert Advisory Group on Drugs

Don Weatherburn, Bureau of Crime Statistics

Government and Related Employees Appeals Tribunal

Catherine Morgan, Legislation and Policy Division

Homosexual Advance Defence Working Party

Chrissa Loukas, Criminal Law Review Division

Inter-departmental Committee on Closed Circuit

Television (CCTV)

John Rome, Privacy NSW

Inter-departmental Committee on the Electronic

Recording of Children’s Evidence

Carolyn Marsden, Legislation and Policy Division

Inter-departmental Committee on the Mental Health

(Criminal Procedure) Act 1990 (NSW) and Cognate

Legislation

Chrissa Loukas, Criminal Law Review Division

Inter-departmental Working Group on Health Care

Liability

Maureen Tangney, Legislation and Policy Division

Inter-departmental Working Party on Fair Trading

Prosecutions

Pam Wilde, Legislation and Policy Division

Juvenile Crime Prevention Advisory Committee

Brendan Thomas, Aboriginal Justice Advisory

Council

Land and Environment Court Working Party

Maureen Tangney, Legislation and Policy Division

Law Courts Limited

Andrew Kuti (Director), Director Financial Services

Legal Aid Review CommitteeNerida Johnson, Supreme Court and David Norris,

Crown Solicitor’s Office

Magistrates Early Referral and Treatment TrialProgramRegistrar Dubbo, Registrar Lismore

MCATSIA Family Violence CommitteeRowena Lawrie, Aboriginal Justice Advisory Council

Medicine-Connect Privacy Working GroupAnthony Bendall, Privacy NSW

National Aboriginal Justice Advisory CommitteeWinsome Matthews, Aboriginal Justice

Advisory Council

National Crime Statistics Advisory Group and theNational Court Statistics Advisory GroupManager Statistical Services, Bureau of Crime

Statistics and Research

NSW Ministerial Advisory Committee on Privacy andHealth InformationChaired by Privacy Commissioner, Mr Chris Puplick

Ombudsman Network GroupSteve Mark, Commissioner, Office of the Legal

Services Commissioner

Police Service/Dept of Corrections/Local CourtsLiaison CommitteePeter Ryan, Local Courts

Premier’s Crime Prevention CouncilDon Weatherburn, Bureau of Crime Statistics and

Winsome Matthews, Aboriginal Justice Advisory

Council

Pre-Trial Diversion of Offenders BoardCarolyn Marsden, Legislation and Policy Division

Privacy of Health Information Steering Committee Catherine Riordan and Anthony Bendall,

Privacy NSW

QL BoardMr Steve Mark, Legal Services Commissioner

(invitee)

Regional Community Relations Advisory CommitteesRegional Coordinators of Local Courts

Senior Officers Coordinating Committee (SOCC) on DrugsAndrew Eckhold, Criminal Law Review Division

Standing Committee of Attorneys General

Laurie Glanfield, Director General (Secretary)

Standing Committee of Criminal Justice System Chief

Executive Officers

Don Weatherburn, Bureau of Crime Statistics and

Research (observer)

The New South Wales Retention and Disposal of

Body Parts Reference Committee

Pam Wilde, Legislation and Policy Division

Treasury Managed Fund Advisory Board

Andrew Kuti, Director Financial Services

Victims of Crime Advisory Committee

Julie Harrison, Local Courts

Working Group on Health Related Privacy Complaints

Siobhan Jenner and Anthony Bendall, Privacy NSW

Working Party on the Implementation of the Child

Protection (Registration of Offenders) Act 2000

John Gaudin, Privacy NSW

Working Party on the Search Warrants Act 1985

John Gaudin, Privacy NSW

Working Party on the Storage and Handling of Exhibits

Maureen Tangney (Chair) and Carolyn Marsden,

Legislation and Policy Division

Working Party Reviewing Drugs Misuse and

Trafficking Act 1985

Andrew Eckhold, Criminal Law Review

Division (Chair)

Youth Drug Court Advisory Committee

David Lewis, Campbelltown Children’s Court

Youth Justice Advisory Committee

Marcia Ella-Duncan and Brendan Thomas,

Aboriginal Justice Advisory Council

Youth Justice Advisory Committee

Carolyn Marsden, Legislation and Policy


APPENDICES

214


DIRECTORY

215

ATTORNEY GENERAL’SDEPARTMENT DIRECTORY

Aboriginal Justice Advisory CouncilLevel 16

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8106

Fax: (02) 9228 8109

Acting Executive Officer: Brendan Thomas

Email: [email protected]

Administrative Decisions TribunalLevel 15, St James Centre

111 Elizabeth St

Sydney NSW 2000

DX 1523 SYDNEY

Tel: (02) 9223 4677

Freecall: 1800 060 410

Fax: (02) 9233 3283

TTY: (02) 9235 2674

Registrar: Cathy Szczygielski/Karen Wallace


Anti Discrimination BoardLevel 17, Pacific Power Building

201 Elizabeth Street

Sydney 2000

Tel: (02) 9268 5555

Fax: (02) 9268 5500

TTY: (02) 9268 5522

President: Chris Puplick


Bureau of Crime Statistics and ResearchLevel 8

St James Centre


Sydney 2000

Tel: (02) 9231 9190

Fax: (02) 9231 9187

Director: Dr Don Weatherburn


Capital Works UnitLevel 16

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8401

Fax: (02) 9228 8568

Director: Bill Brown


Community Justice CentresLevel 8

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7455

Fax: (02) 9228 7456

Director: Margie O’Tarpey

Email: margie_o’[email protected]

Community Relations DivisionLevel 9

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7484

Fax: (02) 9228 8608

TTY: (02) 9228 7676

Customer Feedback freecall 1800 684 449

Director: Lida Kaban


Compensation Court of NSWLevel 9

John Maddison Tower

86-90 Goulburn St

SYDNEY NSW 2000

Tel: (02) 9377 5444

Fax: (02) 9377 5470

Acting Principal Courts Administrator:Stephen Davidson


Corporate Human ResourcesLevel 7

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7516

Fax: (02) 9228 8407

TTY: (02) 9228 7790

Acting Director: Marlene Krasovitsky


Corporate Development and Training UnitLevel 14

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7443

Fax: (02) 9228 7422

Acting Manager: Debbie Clements


Crime Prevention DivisionLevel 19

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8307

Fax: (02) 9228 8559

Acting Director: Bronwyn Somerville


Criminal Law Review DivisionLevel 19

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7258

Fax: (02) 9228 7483

Director: Mark Marien


Crown Solicitor’s OfficeLevel 5

60-70 Elizabeth Street

Sydney 2000

DX 19 SYDNEY

Tel: (02) 9224 5000

Fax: (02) 9224 5011

Crown Solicitor: Ian Knight


District Court of NSWExecutive Office Civil & Criminal Registries

Level 12, John Maddison Tower

86-90 Goulburn Street

Sydney 2000

Tel: (02) 9377 5699

Fax: (02) 9377 5873

TTY: (02) 9377 5268

Acting Principal Courts Administrator: John Feneley


Dust Disease TribunalJohn Maddison Tower

86-90 Goulburn Street

Sydney 2000

Tel: (02) 9377 5444

Fax: (02) 9377 5470

Principal Courts Administrator: Stephen Davidson


Executive & Strategic ServicesLevel 19

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7280

Fax: (02) 9228 7829

TTY: (02) 9228 7733

Director: Greg Curry


Industrial Relations Commission of NSWLevel 5

50 Phillip Street

Sydney 2000

Tel: (02) 9258 0777

Fax: (02) 9258 0700

Registrar: Tim McGrath


Information Technology ServicesLevel 5

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7071

Fax: (02) 9228 8269

Acting Director: Trevor Stacey


Land and Environment Court of NSWWindeyer Chambers

225 Macquarie Street

Sydney 2000

Tel: (02) 9228 8388

Fax: (02) 9235 3096

Registrar: Megan Greenwood


Law Courts LibraryLevel 15

Law Courts Building

Queen’s Square

Sydney 2000

Tel: (02) 9230 8232

Fax: (02) 9233 7952

Librarian in charge: Lesley O’Loughlin

Email: lesley_o’[email protected]


DIRECTORY

216


DIRECTORY

217

Law Reform CommissionLevel 17

Goodsell Building

8-12 Chifley Square

Sydney 2000

DX 1227 Sydney

Tel: (02) 9228 8230

Fax: (02) 9228 8225

Executive Director: Peter Hennessy


Legal Management ServiceLevel 16

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8433

Fax: (02) 9228 7889

Director: Sian Leathem


Legal Practitioners Admission BoardLevel 4

ADC House

99 Elizabeth Street

Sydney 2000

DX 602 Sydney

Tel: (02) 9392 0300

Fax: (02) 9392 0315

Executive Officer: Roger Wescombe


Legal Profession Advisory CouncilLevel 15

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8347

Fax: (02) 9228 8066

Secretary: Maurice Polkinghorne


Legal Representation OfficeLevel 6

ADC House

99 Elizabeth Street

Sydney 2000

Tel: (02) 9231 0811

Fax: (02) 9231 0814

Director: Christine Nash


Legislation and Policy Division

Level 20

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7108

Fax: (02) 9228 8563

Director: Maureen Tangney


Library Services Division

Level 6

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7506

Fax: (02) 9228 1269

Director: Yvonne Brown


Local Courts (Director’s Office)

Level 1

Downing Centre

143-147 Liverpool Street

Sydney 2000

Tel: (02) 9287 7420

Fax: (02) 9287 7900

Director: Anita Anderson


Management Services

Level 18

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8457

Fax: (02) 9228 7889

Director: Russell Cox


Norimbah Unit

Level 7

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8451

Fax: (02) 9228 8481

Manager: Colleen Starkis


Office of the Legal Services CommissionerLevel 15

Goodsell Building

8–12 Chifley Square

Sydney NSW 2000

Tel: (02) 9377 1800

Freecall: 1800 242 958

TTY: (02) 9377 1855

Fax: (02) 9377 1888

Commissioner: Steve Mark


Office of the Protective CommissionerLevel 15

Piccadilly Tower

133 Castlereagh Street

Sydney 2000

DX 1335 Sydney

Tel: (02) 9265 3131

Freecall: 1300 360 466 (outside Sydney)

Fax: (02) 9261 4305

TTY: 1800 882 889

Protective Commissioner: Ken Gabb


Office of the Public GuardianLevel 15

Piccadilly Tower

133 Castlereagh Street

Sydney 2000

Tel: (02) 9265 3131

Fax: (02) 9261 4305

Public Guardian: Ken Gabb


Office of the SheriffLevel 2

Downing Centre

143-147 Liverpool Street

Sydney 2000

Tel: (02) 9287 7263

Fax: (02) 9287 7260

Sheriff: Bruce Kelly


Privacy NSWLevel 17


Sydney NSW 2000

PO Box A2122

Sydney South 1235

Ph: (02) 9268 5588

Fax: (02) 9268 5501

DX 1227 Sydney

Privacy Commissioner: Chris Puplick


Professional Standards CouncilLevel 15

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 8086

Fax: (02) 9228 8563

Secretary: Bernie Marden


Public Defenders OfficeLevel 13

Carl Shannon Chambers

175 Liverpool Street

Sydney 2000

DX 11545 Sydney Downtown

Tel: (02) 9268 3111

Fax: (02) 9268 3168

Senior Public Defender: Peter Zahra SC


Registry of Births, Deaths and Marriages191 Thomas Street

Haymarket 2000

Tel: (02) 9243 8555

Fax: (02) 9234 8640

TTY: (02) 9281 9428

Acting Principal Registrar: Alison Morgan


Reporting Services BranchLevel 8

Goodsell Building

8-12 Chifley Square

Sydney 2000

Tel: (02) 9228 7001

Fax: (02) 9228 8420

Acting Director: Roy Motto


State Debt Recovery OfficeLevel 5


Sydney 2000

Tel: (02) 9277 6310

Fax: (02) 9277 6363


DIRECTORY

218


DIRECTORY

219

TTY: (02) 9227 6314Director: Brian RobertsonEmail: [email protected]

Supreme Court of NSWLaw Courts BuildingQueen’s SquareSydney 2000Tel: (02) 9230 8111Fax: (02) 9230 8628Chief Executive Officer and Principal Registrar:Nerida JohnstonEmail: [email protected]

Victims ServicesLevel 6299 Elizabeth StreetSydney 2000DX 1272 SydneyTel: (02) 9374 3005Fax: (02) 9374 6400TTY: (02) 9374 3157Director: Claire VernonEmail: [email protected]

Victims Compensation TribunalTel: (02) 9374 3111Fax: (02) 9372 3120Freecall: 1800 069 054

Victims of Crime BureauTel: (02) 9374 3000Fax: (02) 9374 3020Freecall: 1800 633 063

Violence Against Women Specialist UnitLevel 19Goodsell Building8-12 Chifley SquareSydney 2000Tel: (02) 9228 7899Fax: (02) 9228 8559Manager: Gaby MarcusEmail: [email protected]

Aboriginal Justice Advisory Council 30

Administrative Decisions Tribunal 49

Aims and objectives 10

Annual report costing 220

Anti Discrimination Board 51

Attorney General’s Library 69

Bureau of Crime Statistics and Research 31

Charter 2

Code of Conduct 160

Commercial Enterprises Program 62

Community Justice Centres 57

Community Relations Division 58

Compensation Court 48

Complaints handling 160

Consultants 161

Controlled entities 90

Corporate Human Resources 73

Court and Tribunal Services Program 39

Court statistics 163

Crime Prevention Division 33

Criminal Law Review Division 34

Crown Solicitor’s Office 62

Directory 215

Disability Strategic Plan 171

Disposal of property 176

District Court 44

Dust Diseases Tribunal 48

Equal Employment Opportunity 178

Ethnic Affairs Priority Statement 179

Executive and Strategic Services 79

Freedom of information 179

Grants 184

Guarantee of service 192

Human Resources 73

Human Rights Program 51

Industrial Relations Commission 43

Information and Management 73

Services Program

Information Technology Services 10, 76

Justice and Support Services Program 69

Justice, Policy and Planning Program 30

Land and Environment Court 41

Land disposal 176

Law Courts Library 69

Law Reform Commission 36

Legal and Support Services Program 57

Legal Management Service 58

Legal Practitioners Admission Board 65

Legal Professional Advisory Council 65

Legal Representation Office 59Legislation and Policy Division 37Legistrative changes 192Local Courts 46Management and activities 12Management Services 75NSW Law Libraries 69Occupational health and safety 200Office of the Legal Services Commissioner 66Office of the Protective Commissioner 52Office of the Public Guardian 54Office of the Sheriff 71Organisational structure 7Overseas travel 201Payment of accounts 160Privacy NSW 51Privacy 205Professional Standards Council 67Public Defenders Office 60Publications 203Recycling performance 205Registry of Births, Deaths and Marriages 63Regulatory Services Program 65Reporting Services Branch 70Risk management 206Senior Executive Service officers 206State Debt Recovery Office 60Statement of performance Senior 206

Executives Service officersSupreme Court 39Victims Services 54Women, NSW Government Action Plan 197

Annual Report Costing

Number of copies produced: 2,170 (170 hard copyand 2000 on CD-ROM).

Average cost per copy: $17.86 based on externalcosts of production – graphic design, printing andcompact disc costs.


INDEX

220

Attorney General’s Department of NSWGoodsell Building

8-12 Chifley SquareSydney NSW 2001

Tel (02) 9228 7777 Fax (02) 9228 8608www.lawlink.nsw.gov.au