6     Department of Justice

Agency Outline

The Department of Justice provides services that contribute to achieving a fair, just and safe Tasmania by providing an accessible system of justice, protecting and respecting rights, improving laws, influencing positive behaviour and enforcing legal and regulatory responsibilities.

The Department is responsible to: the Attorney-General and Minister for Justice, and Minister for Corrections, Hon Elise Archer MP; the Minister for Building and Construction, Hon Sarah Courtney MP; the Minister for Planning, Hon Roger Jaensch MP; and the Treasurer, Hon Peter Gutwein MP.

The Department provides administrative support for: the Supreme and Magistrates Courts; Tasmanian Industrial Commission; Legal Aid Commission of Tasmania; Tasmanian Electoral Commission; Workers Rehabilitation and Compensation Tribunal; WorkCover Tasmania Board; Guardianship and Administration Board; Mental Health Tribunal; Parole Board of Tasmania; Resource Management and Planning Appeal Tribunal; and the Tasmanian Planning Commission. It also supports the statutory offices of the Solicitor‑General; Director of Public Prosecutions; Public Guardian; and the Anti-Discrimination Commissioner. Each of these areas has separate accountability arrangements.

The Department comprises: Corrective Services; Crown Law; the Registry of Births, Deaths and Marriages; WorkSafe Tasmania; Consumer, Building and Occupational Services; Monetary Penalties Enforcement Service; Victims Support Services; Strategic Legislation and Policy; Planning Policy Unit; Corporate Support and Strategy; and the Office of the Secretary.

By working closely with the community, other parts of government and relevant statutory bodies, the Department aims to:

·       support Ministers by providing honest, comprehensive, accurate and timely advice;

·       administer and develop courts, tribunals, statutory and regulatory bodies that promote, protect and enforce laws;

·       inform the community about laws, rights and responsibilities;

·       undertake law and policy development;

·       support the community to achieve effective outcomes in the justice system;

·       provide a sustainable, safe, secure, humane and effective corrections system; and

·       ensure all aspects of the Department’s activities are conducted effectively, efficiently and safely.

This chapter provides the Department’s financial information for 2019-20 and over the Forward Estimates period (2020-21 to 2022-23). Further information on the Department is available at www.justice.tas.gov.au.


 

Key Deliverables

The Government has committed to keeping the community safe and free from the impact of crime, and will make a record investment to increase access to justice, reduce the court criminal backlogs and support the delivery of corrective services in Tasmania. The Government will also increase its investment to deliver key planning and building reforms, reduce red tape and make Tasmanian workplaces safer.

Table 6.1 provides a summary of the Budget and Forward Estimate allocations for key deliverables to be undertaken by the Department.

Table 6.1:         Key Deliverables Statement

 

2019-20

 

Budget

2020-21

Forward

Estimate

2021-22

Forward

Estimate

2022-23

Forward

Estimate

 

$'000

$'000

$'000

$'000

 

 

 

 

 

Additional Tasmania Prison Service Funding

4 300

4 500

4 000

4 000

Additional Supreme Court Judge1

....

....

1 097

1 097

Additional Workplace Inspectors2

....

....

....

....

Chatter Matters - Just Time Program3

....

....

....

....

Guardianship and Administration Board2

....

....

....

....

Justice Connect4

4 500

6 000

7 000

7 000

Legal Aid Commission Additional Resourcing

361

546

546

546

Legal Assistance Services - NPA Shortfall

1 264

....

....

....

New Magistrate for Southern Tasmania1

172

921

921

921

Planning Reform

500

500

500

500

Quad Bike Safety Plan for Tasmania2

....

....

....

....

Replacement Magistrate in the North West

496

496

496

496

Small Business Regulatory Reform Agenda5

3 100

3 300

....

....

Supreme Court Acting Judges1

680

680

....

....

 

 

 

 

 

Notes:

1.    Additional funding for the Legal Aid Commission and the Office of the Director of Public Prosecutions is provided to those organisations separately to these initiatives. The Legal Aid Commission funding is included in the Legal Aid Commission Additional Resourcing initiative and the ODPP funding is detailed in chapter 18 of Government Services Budget Paper No 2, Volume 2.

2.    Funding for these deliverables will be provided internally by the Department through existing retained revenues.

3.    Funding for this initiative is provided in 2018-19.

4.    Justice Connect is to be funded from the Digital Transformation Priority Expenditure Program within Finance‑General.

5.    Expenditure for this initiative is fully offset by funding from the Australian Government under the Small Business Regulatory Reform Agenda.

Improving access to justice - addressing Court criminal backlogs

The Government has reviewed criminal case finalisations and procedure across the Magistrates and Supreme Courts and determined to implement a package of backlog initiatives, including increased resourcing, and procedural and technological reform across the Courts and Corrective services to address the court criminal backlogs and improve access to justice.


 

In addition to increased resources, the Government will shortly introduce the Magistrates Court (Criminal and General Division) Bill which will update the processes and procedures for the criminal jurisdiction of the Magistrates Court, known as the Court of Petty Sessions, currently provided under provisions of the Justices Act 1959, as well as introduce changes to jurisdictional thresholds, impacting both the Magistrates and Supreme Courts.

The following initiatives form part of the Government’s response to address increasing criminal case workloads across the Courts and corrective services and to modernise the Tasmanian criminal justice system.

Additional Supreme Court Judge

Funding of $1.1 million per annum has been provided from 2021-22 to appoint a seventh judge in the Supreme Court, after the conclusion of the temporary appointment of the acting judges funded in 2019-20 and 2020-21. The funding will enable the Department to provide appropriate administrative support and court security to maximise the efficiency of the additional judge.

The Government has reviewed case finalisations and procedure across the Magistrates and Supreme Courts and determined to implement a package of initiatives, including increased resourcing. An additional judge is required to assist the Supreme Court to address existing demand pressures and reduce the court backlog by hearing and finalising more cases.

The Office of the Director of Public Prosecutions will also receive additional funding to meet the increase in capacity of the court arising from these initiatives. Details of this funding can be found in chapter 18 of Government Services Budget Paper No 2, Volume 2.

Justice Connect

Justice Connect is an initiative driven primarily by the need to address the shortcomings of existing legacy technology in key justice business systems that are impeding the Department’s ability to effectively deliver Court and corrective services to the Tasmanian community.

The Department has undertaken a successful Request-for-Proposal process which has enabled the Department to determine the appropriate architecture to finalise development of detailed specifications prior to undertaking a tender for an IT solution. The IT solution will enhance efficiencies and improve policy outcomes through better information sharing, access to timely and trusted information and integration across government with relevant critical ICT systems (e.g. systems within the Department of Police, Fire and Emergency Management).

An allocation of $4.5 million in 2019-20 has been made within the Digital Transformation Priority Expenditure Program within Finance-General to finalise detailed requirements and proceed to the award of a tender by early 2020, with design and development to commence in mid-2020. The Justice Connect program is expected to be rolled‑out in stages (criminal and civil) over the Forward Estimates period, with a total funding allocation of $25.9 million from the Program (including funding in 2018-19).

Legal Aid Commission Additional Resourcing

Funding of $361 000 has been provided in 2019-20, increasing to $546 000 per annum from 2020-21, to the Legal Aid Commission to meet increased demand for legal services due to the:

·       Supreme Court Acting Judges;

·       Additional Supreme Court Judge; and

·       New Magistrate for Southern Tasmania.

This funding will be used to provide increases in grants of aid, in addition to increasing the Commission’s in‑house legal services capacity.

New Magistrate for Southern Tasmania

A new magistrate will be recruited for southern Tasmania, with funding of $172 000 provided in 2019-20 to allow them to commence in early 2020. Additional funding of $921 000 per annum will be provided from 2020-21 to ensure appropriate administrative support and court security is provided to maximise the efficiency of the new magistrate.

A new magistrate is required to assist the Magistrates Court to address existing demand pressures and reduce the court criminal backlog by hearing and finalising more cases. The new magistrate will be stationed in Hobart where the majority of the caseload is located, but will also be required to travel statewide, in order to assist in other registries where the caseload is also very high.

Replacement Magistrate in the North West

Funding of $496 000 per annum has been provided to permanently replace a fixed term Magistrate who has now retired. This funding will also ensure that appropriate administrative support and court security is provided to maximise the efficiency of this replacement Magistrate.

Supreme Court Acting Judges

Additional funding of $1.4 million has been provided over two years to continue the appointment of a number of acting judges within the Supreme Court. This funding covers the additional salary and related costs of the acting judges and other associated costs for the smooth operation of the court until permanent funding for a seventh Judge commences in 2021-22. This includes funding for Supreme Court operations.

Additional Tasmania Prison Service Funding

Additional funding of $4.3 million has been provided to the Tasmania Prison Service in 2019-20 to assist with increasing cost pressures as a result of a sustained increase in prisoner numbers. The increase of $4.5 million in 2020-21 will assist with additional costs associated with the construction and implementation of the New Southern Remand Centre (see the Capital Investment Program section of this chapter for further details on the SRC). The commissioning of the SRC is expected to create efficiencies in the existing prison operations, hence the reduction in additional funding from 2021-22 to $4 million.

This funding will address increased correctional staffing costs relating to additional shifts to maintain the safety and security of the facilities, staff and prisoners, in addition to managing increased prisoner court escorts, hospital and other escorts. The funding is also required to meet increased demand for prisoner reintegration, activities, education and therapeutic support services, and additional costs such as energy, water, food, clothing, bedding and other prisoner related consumables and non-salary costs affected by the increase in prisoner numbers.


 

Additional Workplace Inspectors

The Department will reprioritise $600 000 per annum of existing retained revenues to internally fund additional workplace inspectors for a period of five years. This includes $400 000 per annum from the funds obtained following the collapse of HIH Insurance specifically held for the promotion of workplace safety, with the balance to come from other retained revenues. Reprioritising retained revenues allows Worksafe Tasmania to increase the size of its inspectorate to meet the unprecedented levels of capital investment by business and Government around the State which is expected to continue for the foreseeable future.

These additional inspectorate resources will enable the Department to better engage with industry to:

·       provide information and advice regarding compliance with Workplace Health and Safety laws;

·       assist in the resolution of WHS issues;

·       review disputed provisional improvement notices;

·       investigate compliance breaches and workplace incidents; and

·       prosecute offences.

This will ensure safer workplaces for Tasmanian workers.

Chatter Matters - Just Time Program

Chatter Matters Tasmania is a not-for-profit organisation bringing speech pathology services through a criminological lens to highly vulnerable people and informing policy development from the perspective of communication skill. Just Time is a parent-child attachment program run in prisons.

Guardianship and Administration Board

The Department will reprioritise existing retained revenues to internally fund additional resources within the Guardianship and Administration Board to address service demand over the next four years. The demand growth is primarily driven by mental disability (including acquired brain injury), increased dementia and an ageing population. During this period, the Department will also conduct a process review of the GAB and the Office of the Public Guardian in an effort to increase the administrative efficiencies of these two organisations to enable them to better meet increasing demand for services.

Legal Assistance Services - NPA Shortfall

Australian Government funding for the provision of legal assistance services was reduced under the National Partnership Agreement on Legal Assistance Services, signed in 2015, and due to conclude on 30 June 2020. In this Budget, the State Government has committed to provide funding of $1.3 million in 2019-20 to offset the reduction in Australian Government funding to support the Legal Aid Commission of Tasmania and the State’s Community Legal Centres to maintain core service levels, while negotiations continue with the Australian Government in relation to the next NPA.

The Government recognises and values the important role that legal assistance organisations play in our community and the funding allocated will allow the LACT and CLCs to continue delivering important legal advice and assistance to the most vulnerable members of our community. A new NPA on Legal Assistance Services is due to be negotiated prior to the 2020-21 Budget.

Planning Reform

Additional funding of $500 000 per annum has been provided to assist with the achievement of Government planning reforms and planning priorities. These priorities include Government election commitments made in relation to the establishment and operation of a Tasmanian Planning Scheme, the related planning reform agenda in the planning policy and strategy areas, work to support the activation of the Hobart City Deal, and other Government initiatives for reforms in short stay accommodation and affordable housing land release.

Quad Bike Safety Plan for Tasmania

The Department will reprioritise $700 000 of internal retained revenues to fund a campaign to promote the improvement of quad bike safety in Tasmania. Quad bikes are one of the leading causes of death and injury on Australian farms, and are a significant cause of death and injury for recreational users.

Under the plan, the Department will:

·       work with stakeholders on a package of regulatory or other measures to enforce compliance with safety measures in the use of quad bikes, including: introducing a safety rating system for quad bikes; that helmets should be worn on quad bikes at all times; children should be kept off adult-sized quad bikes; and all children under 6 years old should not ride quad bikes;

·       develop and deliver a public quad bike safety awareness and educational campaign using media and social media;

·       extend the Safe Farming Tasmania Program to include a workplace (farming) safety rebate to encourage farmers to install roll-over and crush protection devices on quad bikes;

·       develop a consumer Code of Practice under the Australian Consumer Law (Tasmania) Act 2010, requiring sellers and resellers of quad bikes in Tasmania to provide consumers safety information pre-purchase; and

·       continue to work with the Australian Competition and Consumer Commission with the intent of implementing a national safety rating system for quad bikes, which is likely to be enacted through a national safety standard.

Small Business Regulatory Reform Agenda

Additional funding of $6.4 million over two years will be provided to the Department under the Small Business Regulatory Reform Agenda. Under this Agenda, $6.4 million will be paid to Tasmania by the Australian Government to support improved government services for small business and reduce compliance costs through red tape reduction. Tasmania is required by the Agreement to deliver four reform projects which relate to the planning and building process. These projects will be delivered through the Planning and Building Portal Project (see the Capital Investment Program section of this chapter for further details).


 

Output Information

Outputs of the Department of Justice are provided under the following Output Groups:

·       Output Group 1 - Administration of Justice;

·       Output Group 2 - Legal Services;

·       Output Group 3 - Corrections and Enforcement; and

·       Output Group 4 - Regulatory and Other Services.

Table 6.2 provides an Output Group Expense Summary for the Department.


 

Table 6.2:         Output Group Expense Summary

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Treasurer

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.9 Tasmanian Industrial Commission

1 397 

1 421 

1 454 

1 480 

1 503 

 

1 397 

1 421 

1 454 

1 480 

1 503 

 

 

 

 

 

 

Attorney-General and Minister for Justice

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.1 Supreme Court Services1

14 030 

14 270 

14 414 

14 893 

15 128 

1.2 Magisterial Court Services2

15 659 

16 426 

17 493 

17 957 

18 281 

1.3 Births, Deaths and Marriages

1 665 

1 701 

1 732 

1 766 

1 791 

1.4 Support and Compensation for Victims of Crime3

8 348 

9 788 

9 911 

10 071 

10 186 

1.5 Legal Aid4

16 468 

16 493 

8 113 

8 355 

8 606 

1.6 Protective Jurisdictions

3 667 

3 732 

3 830 

3 894 

3 966 

1.7 Equal Opportunity Tasmania

1 665 

1 693 

1 727 

1 762 

1 793 

1.8 Elections and Referendums5

5 925 

3 592 

4 081 

6 383 

7 177 

1.12 Child Abuse Royal Commission Response Unit6,7

.... 

9 015 

9 040 

9 061 

9 077 

 

67 427 

76 710 

70 341 

74 142 

76 005 

Output Group 2 - Legal Services

 

 

 

 

 

2.1 Crown Law

6 761 

6 869 

7 040 

7 161 

7 283 

2.2 Legislation Development and Review7

26 529 

1 550 

1 585 

1 623 

1 657 

 

33 290 

8 419 

8 625 

8 784 

8 940 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.3 Enforcement of Monetary Penalties

7 683 

7 775 

7 876 

8 005 

8 112 

 

7 683 

7 775 

7 876 

8 005 

8 112 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

 

 

 

 

 

 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.1 Prison Services8,9

82 936 

84 234 

86 451 

87 619 

89 270 

3.2 Community Corrective Services8

11 875 

15 768 

16 117 

16 423 

16 696 

 

94 811 

100 002 

102 568 

104 042 

105 966 

 


 

Table 6.2:         Output Group Expense Summary (continued)

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Minister for Building and Construction

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.10 Workers Rehabilitation and Compensation Tribunal10

1 742 

1 867 

1 883 

1 911 

1 936 

 

1 742 

1 867 

1 883 

1 911 

1 936 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.1 WorkSafe Tasmania

10 716 

10 953 

11 219 

10 690 

10 880 

4.4 Consumer, Building and Occupational Services11

14 264 

15 932 

14 776 

15 097 

15 371 

 

24 980 

26 885 

25 995 

25 787 

26 251 

 

 

 

 

 

 

Grants and Subsidies

16 139 

17 291 

17 473 

17 639 

17 752 

 

 

 

 

 

 

Minister for Planning

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.11 Resource Management and Planning Appeal Tribunal

1 817 

1 851 

1 903 

1 956 

2 003 

 

1 817 

1 851 

1 903 

1 956 

2 003 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.2 Tasmanian Planning Commission

4 860 

4 952 

5 070 

5 168 

5 258 

4.3 Planning Policy and Reform12

771 

1 286 

1 313 

1 347 

1 371 

 

5 631 

6 238 

6 383 

6 515 

6 629 

 

 

 

 

 

 

TOTAL

254 917 

248 459 

244 501 

250 261 

255 097 

 

 

 

 

 

 

Notes:

1.    The increase in Supreme Court Services in 2021-22 reflects funding for the Additional Supreme Court Judge.

2.    The increase in Magisterial Court Services reflects additional funding for the Replacement Magistrate in the North West and the New Magistrate for Southern Tasmania.

3.    The increase in Support and Compensation for Victims of Crime reflects the increasing costs of victims of crime compensation claims made under the Victims of Crime Assistance Act 1976.

4.    The decrease in Legal Aid in 2020-21 reflects the cessation of the National Partnership Agreement on Legal Assistance Services on 30 June 2020, which is partly offset by additional funding for Legal Aid Commission Additional Resourcing. A new NPA on Legal Assistance Services is due to be negotiated prior to the 2020-21 Budget.

5.    The decrease in Elections and Referendums in 2019-20 reflects increased costs in 2018-19 due to the Local Government elections. The variation over the Forward Estimates reflects the timing of elections undertaken, including the next scheduled State Election in 2021-22 and the next Local Government elections in 2022-23.

6.    The Child Abuse Royal Commission Response Unit is a new Output which was created during 2018-19 as a result of the Government’s participation in the Australian Government’s National Redress Scheme for Institutional Child Sexual Abuse.

7.    In 2018-19, additional funding of $25 million was provided for the Redress Scheme for Institutional Child Sexual Abuse. This funding was allocated to Legislation Development and Review in the 2018-19 Budget, but has been transferred to Child Abuse Royal Commission Response Unit and re-cashflowed from 2019-20.

8.    In 2018-19, additional funding of $4.3 million was provided for Alternative Sentencing Options. This funding was allocated to Prison Services in the 2018-19 Budget, but has been transferred to Community Corrective Services from 2019‑20 and will be used to fund the home detention and electronic monitoring sentencing option.

9.    The increase in Prison Services reflects funding for Additional Tasmania Prison Service Funding.

10.  The increase in Workers Rehabilitation and Compensation Tribunal reflects a reallocation of funding and overhead between Magisterial Court Services (with an equivalent decrease) and the WRCT for the Anti-Discrimination Tribunal.

11.  The increase in Consumer, Building and Occupational Services in 2019-20 reflects expenditure related to the Small Business Regulatory Reform Agenda. A significant portion of this funding will be Purchases of Non-Financial Assets.

12.  The increase in Planning Policy and Reform reflects additional funding for the implementation of the Planning Reform initiative.

Output Group 1:    Administration of Justice

1.1 Supreme Court Services

This Output is responsible for supporting the Judiciary in the just and timely resolution of criminal and civil matters in the Supreme Court. The Supreme Court has unlimited jurisdiction in criminal and civil matters and acts as a court of review for the Magistrates Court and a range of other decision making bodies.

1.2 Magisterial Court Services

This Output is responsible for the operation of the Magistrates Court of Tasmania at registries in Hobart, Launceston, Devonport and Burnie, and several country courts on a regular circuit basis.

1.3 Births, Deaths and Marriages

This Output provides services involving the registration of a range of life events which legislation requires, or enables to be, registered. By the provision of these services, it aims to preserve the rights of individuals including the right to a unique identity.

1.4 Support and Compensation for Victims of Crime

This Output manages services provided by the Department to support victims in their recovery from the impacts of crime. The Output includes administration of the Criminal Injuries Compensation Scheme.

1.5 Legal Aid

This Output provides legal advice, education and representation on a means tested basis. It operates under State legislation with joint State and Australian Government funding and provides services in accordance with an Australian Government-State Government Agreement.

1.6 Protective Jurisdictions

This Output includes:

·       the Guardianship and Administration Board which determines applications and performs functions under the Guardianship and Administration Act 1995, the Disability Services Act 2011, the Wills Act 2008 and the Powers of Attorney Act 2000. These functions primarily relate to appointing guardians and administrators for persons with disabilities; registering and reviewing appointments of enduring guardians; reviewing enduring powers of attorney for persons with a disability under the Powers of Attorney Act; and creating statutory wills;

·       the Public Guardian who, when appointed by the Guardianship and Administration Board, acts as the guardian or administrator for persons with decision making disabilities, promotes and protects their interests, provides education on the operation of the Guardianship and Administration Act, and undertakes investigations when requested by the Guardianship and Administration Board; and

·       the Mental Health Tribunal, which makes treatment orders that authorise the treatment of patients who are unable to provide informed consent under the Mental Health Act 2013 and conducts regular reviews of those orders to determine whether the order should be affirmed, varied or discharged. In addition, the Tribunal also reviews restriction and supervision orders of patients (under the Criminal Justice (Mental Impairment) Act 1999), authorises treatment for such patients who are unable to provide informed consent and approves leaves of absence for patients subject to restriction orders (under both Acts).

1.7 Equal Opportunity Tasmania

Operating under the Anti-Discrimination Act 1998, this Output supports the Anti-Discrimination Commissioner’s functions, including:

·       the investigation and conciliation of complaints regarding alleged discrimination and prohibited behaviour;

·       advising Government on the Act and discrimination and related conduct; and

·       education and promotion across Tasmania of equal opportunity, human rights, discrimination and how to comply with the Act.

The Commissioner must refer unresolved complaints to the Anti-Discrimination Tribunal and can also grant exemptions, or reject applications for exemption, from the Act.

1.8 Elections and Referendums

This Output is responsible for the administration of State elections and referendums. Through these services, it contributes to the preservation of the State’s parliamentary democracy. It is also responsible for the management and maintenance of electoral rolls for State and local governments, administration of electoral and enrolment policy and systems and the implementation of electoral boundary redistributions.

The Electoral Commissioner also has statutory responsibility for Aboriginal Land Council and local government elections. The latter are conducted on a cost recovery basis.

1.9 Tasmanian Industrial Commission

The Commission is an independent tribunal established under the Industrial Relations Act 1984. The Commission exercises jurisdiction over the Tasmanian State Service for which it is to:

·       conciliate and arbitrate to resolve industrial disputes, including claims of unfair dismissal;

·       fix wage rates and set terms and conditions of employment by making industrial awards; and

·       approve enterprise and industrial agreements.

1.10 Workers Rehabilitation and Compensation Tribunal

This Output facilitates the resolution of disputes about the payment of workers’ compensation entitlements on matters referred by employers, employees and insurers. The Tribunal is funded from the Workers Rehabilitation and Compensation Fund. This Output also provides administrative support for the Motor Accidents Compensation Tribunal, the Asbestos Compensation Tribunal, Anti‑Discrimination Tribunal and the Health Practitioners Tribunal.

1.11 Resource Management and Planning Appeals Tribunal

The Resource Management and Planning Appeal Tribunal is an independent statutory body established by the Resource Management and Planning Appeal Tribunal Act 1993. This Output provides for the hearing of appeals regarding heritage, planning, marine and environmental decisions and determines applications for orders under relevant legislation. The Registry of the RMPAT also manages appeals for the Forest Practices Tribunal.

1.12 Child Abuse Royal Commission Response Unit

The Child Abuse Royal Commission Response Unit is responsible for coordinating the Tasmanian Government response and implementation of recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, and Tasmania’s role as a participating institution under the National Redress Scheme for Institutional Child Sexual Abuse. 

In addition to implementation activities at a State level, Tasmania works with the Australian Government in national initiatives, such as the development of a National Strategy to Prevent Child Sexual Abuse, and a National Framework for Child Safety that will further address a number of recommendations arising from the Royal Commission.


 

Table 6.3:         Performance Information - Output Group 1

Performance Measure

Unit of Measure

2016-17 Actual

2017-18 Actual

2018-19 Target

2019-20 Target

 

 

 

 

 

 

Supreme Court - Criminal Jurisdiction

 

 

 

 

 

Pending cases older than 12 months

%

29.0

35.3

29.0

29.0

Real net recurrent expenditure per finalisation1

$

16 752

17 546

17 000

17 000

 

 

 

 

 

 

Supreme Court - Civil Jurisdiction

 

 

 

 

 

Pending cases older than 12 months

%

36.2

39.3

34.0

35.0

Real net recurrent expenditure per finalisation1

$

4 608

5 722

4 600

5 000

 

 

 

 

 

 

Magistrates Court - Criminal Jurisdiction

 

 

 

 

 

Pending cases older than six months

%

34.6

36.2

30.0

30.0

Real net recurrent expenditure per finalisation1

$

498

485

500

500

 

 

 

 

 

 

Magistrates Court - Youth Justice Division

 

 

 

 

 

Pending cases older than six months

%

16.3

20.3

20.0

20.0

Real net recurrent expenditure per finalisation1

$

688

646

600

600

 

 

 

 

 

 

Magistrates Court - Civil Division

 

 

 

 

 

Pending cases older than six months

%

41.0

40.9

35.0

35.0

Real net recurrent expenditure per finalisation1

$

263

314

250

250

 

 

 

 

 

 

Magistrates Court - Coronial Division

 

 

 

 

 

Pending cases older than 12 months

%

38.9

40.9

30.0

30.0

Real net recurrent expenditure per finalisation1

$

3 021

3 127

3 000

3 000

 

 

 

 

 

 

Births, Deaths and Marriages

 

 

 

 

 

Unit Cost per Transaction

$

14.88

14.76

14.50

14.50

Registration within seven days of receipt

%

84

91

85

90

Certificates within seven days of receipt

%

86

90

85

90

Registration error rate

%

1.3

1.8

<2

<2

 

 

 

 

 

 

Legal Aid

 

 

 

 

 

Duty Lawyer Services

Number

3 966

5 518

4 000

5 000

Legal Advice to Clients

Number

5 600

4 567

6 000

6 000

Applications for Legal Aid Approved

Number

4 556

4 818

4 800

4 800

Telephone Advice Line Calls2

Number

15 154

15 928

22 500

22 500

Legal Talk3

Number

n/a

1 216

2 500

3 000

 

 

 

 

 

 

Protective Jurisdictions - Guardianship and Administration Board4

 

 

 

 

 

Matters commenced within statutory time frame

%

57.0

97.6

100.0

100.0

Number of hearings per sitting

Number

5.3

5.1

5.0

5.0

 

 

 

 

 

 

              

Table 6.3:         Performance Information - Output Group 1 (continued)

Performance Measure

Unit of Measure

2016-17 Actual

2017-18 Actual

2018-19 Target

2019-20 Target

 

 

 

 

 

 

Protective Jurisdictions - Mental Health Tribunal

 

 

 

 

 

Matters determined within statutory time frame

%

90

94

100

100

Number of hearings per sitting

Number

4.0

4.0

5.0

5.0

 

 

 

 

 

 

Equal Opportunity Tasmania

 

 

 

 

 

Complaints received

Number

147

147

150

155

Complaints accepted for investigation

Number

85

82

105

110

 

%

59

56

70

70

Accepted complaints resolved or part resolved through early and post investigation conciliation5

Number

53

42

60

63

 

%

62

51

60

60

Number of complaints finalised

Number

162

132

150

155

Complaints received and finalised within 6 months

%

63

64

65

65

Complaints received and finalised within 9 months

%

81

82

85

85

Complaints received and finalised within 12 months

%

86

90

90

90

Training/education sessions delivered

Number

226

230

200

250

 

 

 

 

 

 

Legislative Council Elections

 

 

 

 

 

Legislative Council Participation Rate6,7

%

84.4

82.8

82.0

85.0

Legislative Council Rate of Informal Votes7

%

3.6

3.8

4.0

3.5

Legislative Council ‑ Election Cost Per Enrolled Elector

$

11.5

11.6

12.0

12.0

Roll Maintenance Cost per Elector

$

1.2

1.1

1.2

1.2

 

 

 

 

 

 

Tasmanian Industrial Commission

 

 

 

 

 

Clearance Rate8

%

95

91

100

95

Proportion of matters finalised within three months8

%

78

60

75

75

 

 

 

 

 

 

Resource Management and Planning Appeal Tribunal

 

 

 

 

 

Proportion of substantive decisions of Resource Management Planning Appeal Tribunal resolved by mediation

%

73.2

71.2

78.0

78.0

Percentage of appeals resolved within 90 days without extension

%

57.5

63.9

100

100

Percentage of appeals which did require extensions due to parties

%

84.6

91.3

95.0

95.0

 

 

 

 

 

 

Child Abuse Royal Commission Response Unit9

 

 

 

 

 

Percentage of National Redress Scheme claims addressed within the statutory timeframe

%

na

na

100

100

 

Table 6.3:         Performance Information - Output Group 1 (continued)

Performance Measure

Unit of Measure

2014

 Actual

2018

 Actual

2022

 Target

2026 Target

 

 

 

 

 

 

House of Assembly Elections10

 

 

 

 

 

House of Assembly Election Participation Rate

%

93.5

92.4

94.0

95.0

House of Assembly Rate of Informal Votes

%

4.8

4.9

4.4

4.0

 

 

 

 

 

 

Notes:

1.    The 2016-17 actual has been updated to reflect the Report on Government Services 2019. Historical financial data is adjusted to 2017-18 dollars using the General Government Final Consumption Expenditure chain price deflator.

2.    The 2018-19 target has been increased as a result of improvements in data recording processes in the Legal Aid Call Centre.

3.    Legal Talk is a new performance indicator for the service which commenced in April 2018. The 2017-18 actual reflects the part‑year performance.

4.    The 2016-17 actual figures have been updated to reflect internal performance reporting.

5.    The prior year actual figures have been revised to reflect the outcome of conciliations detailed in the Equal Opportunity Tasmania Annual Report.

6.    The 2017-18 actual includes the Legislative Council by-election for the division of Pembroke (November 2017) and 2018 periodic Legislative Council elections for the divisions of Hobart and Prosser.

7.    The overlap of the 2019 periodic Legislative Council elections and the 2019 Federal Election may affect voter turnout for the Legislative Council elections and increase costs due to the need for an increased public awareness campaign.

8.    The Clearance Rate is the proportion of matters finalised during a reporting period expressed as a percentage of those lodged during the same period.

9.    The Child Abuse Royal Commission Response Unit is a new Output which was created during 2018-19 as a result of the Government’s participation in the Australian Government’s National Redress Scheme for Institutional Child Sexual Abuse. This output began assessing claims during 2018-19.

10.  The House of Assembly Election Participation Rate and the House of Assembly Rate of Informal Votes are measured by event.

Performance Information Comments

Table 6.3 reports actual and target data for efficiency and effectiveness indicators for the Administration of Justice Output Group. Indicators for court services are taken from chapter 7 Courts, of the Productivity Commission’s Report on Government Services 2019. The indicators are:

·       a backlog indicator of pending cases older than a given time period, as an indicator of the timeliness of case processing. It is derived by comparing the age (in elapsed time) of a court’s pending caseload against time standards. The indicator recognises that case processing must take some time and that this time does not necessarily equal delay. Timeliness is often affected by delays caused by factors outside the direct control of the Court such as the preparedness and availability of the parties, prosecutors, legal representatives and witnesses; and

·       cost per finalisation or real net recurrent expenditure per finalisation, as an indicator of efficiency. This indicator is not a measure of the actual cost per case. It is derived by dividing the total net recurrent expenditure within each Court for the financial year by the total number of finalisations for the same period (net recurrent expenditure refers to expenditure minus income, where income is derived from court fees and other revenue but excludes revenue from fines).

Supreme Court - Criminal Jurisdiction

The Court continues to aim to achieve the national target of no more than 10 per cent of pending cases being older than 12 months. It should be noted that no interstate Australian jurisdiction achieved this target in 2017-18, with the national average being 30.4 per cent. It should also be noted that a relatively small number of cases can have a significant impact on Court indicators in Tasmania.

Criminal lodgements to the Supreme Court have increased by 26.8 per cent since 2015-16. While criminal finalisations have increased by 11.9 per cent during the same period, the greater increase in criminal lodgements has increased the criminal backlog by 33.5 per cent in the last two years.

The Court is implementing a range of strategies to reduce the backlog, and will continue to allocate additional judicial time, adopt more active case management focussing on older cases, improve documentation for some types of applications to streamline processes, and apply a more rigorous management of the appeals process. Reduction of criminal case backlog is also dependent on cases being prepared ready for trial, and the availability of Prosecution and Defence counsel from the Office of the Director of Public Prosecutions and the Legal Aid Commission.

Supreme Court - Civil Jurisdiction

The age of pending cases is managed according to the Court’s active case management processes which focus on ensuring cases are ready for trial at the appropriate time. Once cases are ready for trial, there is a minimal delay in listing them before a judge for hearing. It should be noted that many external factors can affect the timeliness of finalisation of civil cases, including the time taken for injuries to stabilise, for negotiation and mediation between the parties, and the availability of parties, their counsel and witnesses. Whilst throughput in the civil jurisdiction has remained relatively constant during recent years, the percentage of older cases in the pending civil caseload increased in 2017-18 (which is being addressed by the Court and parties to these matters).

Magistrates Court - Criminal Jurisdiction and Youth Justice Division

Staff of the Magistrates Court provide support to the Magistrates and work with court users to help ensure the timely and just resolution of the range of matters which are brought before the court.

Criminal lodgements and court finalisations in the adult criminal jurisdiction of the Magistrates Court have increased by 16.3 and 15.6 per cent respectively over the last five years. Expenditure has also remained fairly steady during this period and consequently the cost per finalisation has decreased due to the increase in finalisations. As a result of the increases in lodgements exceeding the increases in finalisations, the backlog of criminal cases has increased by 31.2 per cent in the last five years.

The number of lodgements in the Youth Justice division has halved in the past seven years, but has remained fairly constant for the last five years. While the number of pending cases in the Youth Justice division has decreased slightly, due to the timing of finalisation of individual cases, the percentage of older cases in the pending caseload has increased.

Magistrates Court - Civil Jurisdiction

Civil lodgements and finalisations have decreased in recent years. The percentage of older cases in the pending caseload has decreased, while the overall size of the pending caseload has remained constant.


 

Magistrates Court - Coronial Division

Coronial finalisations were fairly steady, at around 500 per year, however in the last two years the number of finalisations has increased to around 600 per year. The net recurrent expenditure per finalisation in the Coronial Division is particularly sensitive and can fluctuate due to the number and size of significant coronial inquests held each year.

Births, Deaths and Marriages

The performance assessment for this Output focuses on efficiency and timeliness of this Output’s service delivery.

Unit cost per transaction represents the aggregation of a wide range of transaction types. These transaction types include: the registration and provision of certificates for births, deaths and marriages; changes of name; changes of sex; adoptions; and the registration of significant and caring relationships.

The cost of each type of transaction may vary significantly from the aggregate measure. The unit cost per transaction measure is sensitive to variations in demand, as the Output has a high proportion of fixed costs.

The registration and certificate processing time targets are based on recent averages across all Australian Registries of Births, Deaths and Marriages.

Registration error rate has been added as a measure of effectiveness, as the public must have confidence that Registry records are accurate and reliable.

Legal Aid

The Commission, through its Grants Section, assesses requests by lawyers from the private profession and its in-house lawyers for legal aid grants to represent clients in various matters. These grants of aid are subject to a means and merit test. The request process is online via the Commission’s Internet site. The Commission publishes guidelines relating to the types of matters where aid is granted. This indicator reflects the volume of work undertaken by the Commission.

The Commission provides duty lawyer services on a daily basis at the Courts in Burnie, Devonport, Launceston and Hobart to assist people appearing for the first time. This service ensures the efficient processing of unrepresented defendants through the court process. The Duty Lawyer will explain the options for a first appearance and represent the person in any bail application or assist with a plea if required. This indicator reflects the volume of work undertaken by the Commission.

The Commission runs free legal advice sessions in all four of its offices around the State. Lawyers provide face to face advice to clients in the Launceston and Hobart offices during advertised times and advice via video services to clients visiting the Burnie and Devonport offices. The lawyers providing this advice work in the Commission’s telephone advice service in either the Launceston or Hobart office. This indicator reflects the volume of work undertaken by the Commission.

The Commission operates a free telephone advice service five days a week during business hours. Any member of the Tasmanian community can access this service. The staff providing this service are lawyers and are located in either Hobart or Launceston. Call centre technology provides the mechanism to queue and process these calls. This indicator reflects the volume of work undertaken by the Commission.

Protective Jurisdictions

The Protective Jurisdictions are responsible for reviewing orders and hearing applications and reviewing orders relating to rights of, and protections for, persons with decision making disabilities or incapacities. Because of the nature of the decisions, there are statutory requirements to perform the functions within a defined timeframe.

The percentage of matters determined within the statutory timeframe is an indicator of the effectiveness of jurisdictions in managing caseloads within the defined timeframe. This Key Performance Indicator is impacted by the number of applications being lodged, orders made each year and the requirement for further review hearings. Other influences include the introduction of the National Disability Insurance Scheme and an ageing population with increasing cases of dementia, all of which increase the demand for services.

One of the significant costs of these jurisdictions is the payment of Board or Tribunal members to preside over hearings. The number of hearings per sitting (or session) is an indicator of the efficiency of the hearing processes adopted by the Guardianship and Administration Board and the Mental Health Tribunal. However, too many hearings per sitting (i.e. less time for consideration) may undermine the quality of decision making by Board members.

Equal Opportunity Tasmania

Complaints received and accepted for investigation indicate the level of complaint work undertaken by the Commissioner’s office and to some extent reflects levels of awareness of the Anti-Discrimination Act as a means to deal with discrimination.

Complaints resolved provides a measure of the extent to which the Commissioner is successful in assisting the parties to complaints to reach a mutually acceptable resolution. Resolution of complaints through alternative dispute resolution is a key objective of the legislation and is of benefit not only to the parties, but to the legal system and community more broadly as it avoids disputes escalating and having to be litigated.

Increased finalisation numbers indicate improved timeliness and management of complaints.

The time taken to finalise complaints is important as delays in complaints being finalised can result in parties dropping out of the process and additional impacts on parties. Improvement in the number of complaints finalised within 12 months is an indication of improved focus on timely complaint management and resolution.

Training and education sessions delivered provides a measure of the extent to which the Commissioner is disseminating information about discrimination and prohibited conduct and the effects of discrimination and prohibited conduct and promoting acceptable attitudes, acts and practices relating to discrimination and prohibited conduct (functions under section 6(b) and (d) of the Anti-Discrimination Act). Training and education are key functions of the Commissioner and are of benefit through promoting compliance and assisting people and organisations to avoid engaging in conduct that may be in breach of the Act, thereby avoiding the risk of being the subject of a complaint under the Act.


 

Elections and Referendums

The performance indicators for this Output focus on the effectiveness of the electoral process.

The Electoral Commission reports on participation rate (i.e. proportion of enrolled electors who voted) and whether voters cast their votes correctly (i.e. informal votes as a proportion of the total votes cast).

Tasmanian Industrial Commission

The clearance rate is a measure of the efficiency of the Tasmanian Industrial Commission and indicates whether the Commission is keeping up with its workload.

The proportion of matters finalised within three months is an indicator of timeliness of the resolution of disputes. Performance against this indicator is a measure of the effectiveness of the Commission’s case management, together with the preparation of the parties to the dispute. In the majority of cases, where matters take longer than three months to settle, the delay is at the instigation of the parties.

Resource Management and Planning Appeal Tribunal

The settlement of disputes through mediation (consent) provides a fair and cost effective way of resolving disputes. The Tribunal is committed to the continued use of mediation to resolve disputes. The targets have been set to maintain a high level of resolution of disputes by Alternative Dispute Resolution. All proceedings undergo pre-mediation conferencing, which may begin ADR processes or further list the matter for extended ADR. Proceedings may be resolved by withdrawal or the filing of a consent agreement by the parties.

The Tribunal is obliged under its legislation to resolve matters within 90 days or such further period as may be granted (Section 16(1)(f) of the Resource Management and Planning Appeal Tribunal Act). The parties to proceedings may require additional time to the 90-day timeframe for a range of reasons. The figures disclose whether the Tribunal or parties to proceedings required additional time beyond the 90 days.

Child Abuse Royal Commission Response Unit

The Child Abuse Royal Commission Response Unit is responsible for coordinating the Tasmanian Government response and implementation of recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, and Tasmania’s role as a participating institution under the National Redress Scheme for Institutional Child Sexual Abuse.

The Tasmanian Government’s annual implementation report, Protecting Our Children: Implementing the Recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, is an indicator of the effectiveness of the Service in meeting the Government’s commitments in the assigned timeframes. 

The percentage of National Redress Scheme claims addressed within the statutory timeframe is an indicator of the effectiveness of the Service in coordinating and managing information requests from responsible agencies. This Key Performance Indicator is impacted by the number of claims made.


 

Output Group 2:    Legal Services

2.1 Crown Law

This Output aims to protect the interests of the Crown by providing legal services and advice.

2.2 Legislation Development and Review

This Output provides advice to assist the Attorney-General and Minister for Justice, and other Ministers as required, with the formation of strategic policy and development of legislation that the Department administers. The Office also provides support to the Attorney-General and Minister for Justice in the discharge of parliamentary, constitutional and legal duties, including participation in the Council of Attorneys‑General and advice in relation to cooperative legislative schemes and administration of copyright.

Table 6.4:         Performance Information - Output Group 2

Performance Measure

Unit of

 Measure

2016-17 Actual

2017-18 Actual

2018-19 Target

2019-20 Target

 

 

 

 

 

 

Crown Law

 

 

 

 

 

Notionally chargeable time

%

73

68

60

60

Number of new matters1

File

1 882

1 809

1 900

1 900

 

 

 

 

 

 

Note:

1.    The Number of new matters is dictated by demand from Government agencies for legal services. This demand is subject to fluctuations over time.

Performance Information Comments            

The performance indicators for this Output Group focus on the demand for the services provided and the effective use of legal practitioners’ time. The target of 60 per cent of practitioners’ time being chargeable is aspirational and based on the normal expectation in private practice. This target is based on notional chargeable hours. The number of new matters commenced provides a broad indication of demand for transactional legal services.

 

 


 

Output Group 3:    Corrections and Enforcement

3.1 Prison Services

This Output aims to provide a safer Tasmania by ensuring the secure containment of inmates and offering them opportunities for rehabilitation and personal development. It maintains facilities that provide care and custody, at various levels of security, for inmates and persons detained in custody. It also provides safe, secure transport between prison and courts and to receive medical care, as required.

3.2 Community Corrective Services

This Output supports a variety of non-custodial sentencing options. It is responsible for the data collation, reporting and administrative support to Safe at Home forums; pre-parole reporting to the Parole Board; pre‑sentence reporting to the Courts; community service orders, probation and parole supervision; administration of the Court Mandated Diversion Program; and the delivery of educational, therapeutic and criminogenic programs. It provides these services in accordance with the Sentencing Act 1997, the Corrections Act 1997 and various other Acts that include sentencing provisions.

3.3 Enforcement of Monetary Penalties

This Output is responsible for the collection and enforcement of monetary penalties imposed by courts, police, local governments and other public sector bodies. Monetary penalties include fines, compensation orders, pecuniary penalty orders and costs. The collection of monetary penalties is a critical element of the justice system as it ensures that there are consequences for offending and acts as a deterrent for re-offending. It also provides revenue to Government, local governments and other creditors and compensation to victims of criminal acts.

 


 

Table 6.5:         Performance Information - Output Group 3

Performance Measure

Unit of

Measure

2016-17 Actual

2017-18 Actual

2018-19 Target

2019-20 Target

 

 

 

 

 

 

Prison Services

 

 

 

 

 

Percentage of prisoners returning to corrective services within two years of release1

%

55

55.5

48

48

Prison Escape Rate - Secure Perimeter

Number per 100 prisoners

.... 

.... 

.... 

.... 

Prison Escape Rate - Open Perimeter

Number per 100 prisoners

.... 

.... 

<2

<2

Cost per Prisoner per day2,3

$

299

305

313

311

 

 

 

 

 

 

Community Corrective Services

 

 

 

 

 

Completion rate for community supervision orders4

%

86.4

86.9

86

86

Cost per Community Supervised Offender per day3,5

$

14.17

16.04

14

16

Percentage of Community Corrections offenders returning to corrective services within two years of discharge1

%

24.2

23.6

22

22

 

 

 

 

 

 

Enforcement of Monetary Penalties

 

 

 

 

 

Fine Collection Rate

%

95

100

95

95

Debt finalisation rate

%

111

115

100

100

 

 

 

 

 

 

Notes:

1.    These performance measures relate to prisoners and community corrections offenders who completed their justice order two years before the reference period.

2.    The actual cost per prisoner per day does not include prisoner health costs borne by the Department of Health on behalf of Corrective Services. Due to the high fixed costs of operating a prison system, the cost per prisoner per day is strongly affected by prisoner numbers.

3.    Historical financial data is adjusted to 2017-18 dollars using the General Government Final Consumption Expenditure chain price deflator (2017-18 = 100). This indicator includes both supervision orders (Probation, Parole and Court Mandated Diversion) and Community Service Orders.

4.    This indicator includes both supervision orders (Probation, Parole and Court Mandated Diversion) and Community Service Orders.

5.    The cost per community supervised offender per day is expected to increase in 2019-20 due to the full year operation of the home detention and electronic monitoring sentencing option which commenced in March 2019.

Performance Information Comments

Prison Services and Community Corrective Services

Table 6.5 reports actual and target data for efficiency and effectiveness indicators as reported in the Productivity Commission’s Report on Government Services 2019 chapter 8 Corrective Services and the Justice sector overview.


 

Corrective Services agencies administer services and programs which aim to reduce prisoners’ and offenders’ risk of re-offending. Two indicators are provided, which show the return to corrections figures for prisoners and offenders released from prison or discharged from community corrections. These are drawn from the Report on Government Services 2019 and refer to offenders released from prison or completing sentences with Community Corrections in 2014-15. Repeat offender data is difficult to interpret. A low proportion of repeat offenders may indicate an effective justice system discouraging repeat offending. However, a high proportion of repeat offenders may indicate more effective policing. The indicators are:

·       the effectiveness of the Outputs in ensuring the containment of prisoners and the compliance of offenders with community based orders; and

·       the efficiency of the corrections system.

Enforcement of Monetary Penalties

The fine collection rate is an indicator of the effectiveness of the enforcement of monetary penalties and measures the collection of monetary penalties against the amount referred in the same period.

The commencement of the Monetary Penalties Enforcement Act 2005 in April 2008 provided a wider range of tools for enforcing monetary penalties and consequently improving the fine collection rate. These tools have enabled the Monetary Penalties Enforcement Service to achieve a high fine collection rate by effectively targeting and collecting fines that have been outstanding for long periods.

The debt finalisation rate measures the number of penalties finalised against the number referred in the same period. A finalisation rate greater than 100 per cent means that more penalties are being finalised than have been referred for collection.

 


 

Output Group 4:    Regulatory and Other Services

4.1 WorkSafe Tasmania

This Output focuses on improving workplace safety, health and return to work. WorkSafe Tasmania administers laws that regulate workplace relations, work health and safety and workers’ compensation.

WorkSafe Tasmania has a strong relationship with the WorkCover Tasmania Board, assisting the Board to fulfil its statutory functions in injury management, work health and safety, and workers’ compensation. Providing strategic policy advice to the Minister for Building and Construction is another area of focus.

4.2 Tasmanian Planning Commission

This Output has a range of statutory planning assessment and review responsibilities prescribed in the Land Use Planning and Approvals Act 1993 and other Resource Management and Planning System legislation including:

·       assessment of planning scheme amendments or combined permit and amendment applications;

·       assessment of amendments to the State Planning Provisions under the Tasmanian Planning Scheme;

·       assessment of draft Local Provision Schedules under the Tasmanian Planning Scheme;

·       establishing and maintaining a digital version of State Planning Provisions and Local Provision Schedules under the Tasmanian Planning Scheme;

·       assessment of projects of regional or State significance;

·       review of reports on representations to park and water management plans;

·       reporting on the Tasmanian State of the Environment report; and

·       conduct of inquiries and reviews under other legislation.

This Output provides advice to the Minister for Planning and to local government related to its statutory functions.

4.3 Planning Policy and Reform

This Output provides advice to assist the Minister for Planning on the formation of strategic policy and the development of legislation, which the Department administers relating to planning. It provides support to the Minister in the discharge of parliamentary, statutory and Ministerial planning duties including the development and maintenance of the Tasmanian Planning Scheme, maintenance and review of Tasmania’s three Regional Land Use Strategies, the preparation of draft Tasmanian Planning Policies and the rezoning of Crown Land under the Housing Land Supply Act 2018. It also provides advice to local government and other bodies on planning policy matters relating to the work of the Department and the Resource Management and Planning System.

4.4 Consumer, Building and Occupational Services

This Output has oversight of the regulatory scheme for building in Tasmania, including the issuing of instructions, the mandating of forms, the provision of advice, and monitoring of compliance with the Building Act 2016 and the National Construction Code, by way of audits.

It also has oversight of the licensing and accreditation of defined occupations, which are currently, electricians, plumbers, gasfitters and building services providers. This includes undertaking licensing audits and, in the case of electricians, the inspection of the work undertaken.

The Director, Building Control, is the Security of Payments Official and is responsible for the appointment of nominating authorities in the scheme under the legislation.

The Output is also responsible for the provision of services for the Office of Consumer Affairs and Fair Trading which is the principal advisor to the Government on matters affecting the interests of consumers. Supporting the Australian Consumer Law, it regulates consumer markets, administers consumer laws and provides support to the Rental Deposit Authority and the Residential Tenancy Commissioner.

Table 6.6:         Performance Information - Output Group 4

Performance Measure

Unit of

Measure

2016-17 Actual

2017-18 Actual

2018-19 Target

2019-20 Target

 

 

 

 

 

 

 

 

 

 

 

 

WorkSafe Tasmania

Claims per 1 000 employees

14.1

13.1

11.3

10.9

Safety of Workers - rates of serious injury1,2

Returned to Work1,3

Rate

81

79

90

90

Workers' Compensation Premium as a percentage of Wages1,4

Rate

1.83

1.80

1.75-2.75

1.75-2.75

 

 

 

 

 

 


Consumer, Building and Occupational Services

 

 

 

 

 

Consumer complaints resolved within 60 days

%

86

81

95

95

Rental bond claims paid within 30 days

%

81

90

90

90

Number of matters resolved prior to final compliance action

%

94

94

95

95

Number of assessments made within 21 days

%

83

91

95

95

New WWVP applicants receipt of decisions within six weeks

%

91

93

95

95

 

 

 

 

 

 

Notes:

1.    The 2016-17 actual figures have been updated to reflect the finalised figures utilised in the Scheme Review to 30 June 2018 for the WorkCover Tasmania Board.

2.    The Safety of Workers measure reflects the incidence rates of claims with lost time (time off work) of five days or more per 1 000 workers. The Safe Work Australia - Australian Work Health and Safety Strategy 2012-2022 has a target to reduce the incidence of workplace injury by at least 30 per cent by 2022. Using 2011‑12 as the base period and WorkSafe Tasmania data, the target incidence rate for Tasmania is 10 claims per 1 000 workers by June 2022. In accordance with the Safe Work Australia - Australian Work Health and Safety Strategy 2012‑2022, the 2018-19 and 2019-20 targets have been revised to align with the measurement principles in the strategy.

3.    Returned to Work Rate is the proportion of injured workers with at least one day off work who returned to work for any period of time at some stage since their first day off work and were working at the time of the survey.

4.    Workers’ Compensation Premium as a percentage of Wages represents the total workers’ compensation insurance premiums paid as a percentage of the total wages paid.

 

Performance Information Comments

WorkSafe Tasmania

WorkSafe Tasmania is committed to the prevention of death, injury, illness and disease arising from work activities in all Tasmanian workplaces. The rate of serious injury is a key measure of performance used nationally by WHS Regulators and Safe Work Australia as the peak WHS policy Agency.

WorkSafe Tasmania aims for injured workers to return to safe and sustainable work as soon as possible. This results in increased productivity, reducing workers’ compensation insurance premiums, as well as reducing the financial, health and emotional impacts on the worker.

WorkSafe Tasmania aims to provide a fair and sustainable workers’ compensation system; the overall aim of a competitive workers’ compensation premium is to charge each employer a fair premium while still collecting an overall premium pool which is sufficient to cover claims costs and expenses and provide insurers with a reasonable return on the capital required. A target range has been established that is optimal to providing sufficient funds to cover claim costs, returning an adequate return to insurers, and if exceeded would suggest the number or size of claims is at an unacceptably high level.

Consumer, Building and Occupational Services

In regard to the performance measures for consumer services within this Output, the focus is on the disposition rate of complaints and rental bond claims.

The building and occupational services performance measures for this Output focus on ensuring the timely and accurate turnaround for applicants requiring licensing for their occupation. As well as occupations within the building and construction industry, the performance indicators also relate to persons who are required to be registered under the Working with Vulnerable People Act 2013. The Executive Director is the Registrar of this Act.

The number of matters resolved prior to final compliance action relates to the resolution of disputes and complaints in a timely manner in accordance with the Building Act 2016, the Residential Building Work Contracts and Dispute Resolution Act 2016 and the Occupational Licensing Act 2005.

The number of assessments made relates to ensuring that all practitioners are appropriately licensed. This is relevant to all occupations covered by the Occupational Licensing Act. The provision of fast and accurate processing of applications contributes to overall compliance by industry members.

The performance measure for new Working with Vulnerable People applicants receipt of decisions within six weeks, relates to ensuring an accurate and robust system for applicants under this Act. The requirements under this Act can make the turnaround time for applicants longer than others. Setting a target time for applicants to receive a decision is both useful in staff compliance with the Act and in achieving a measurable estimate which applicants can respond to if they have not received a decision.

Capital Investment Program

Table 6.7 provides financial information for the Department’s Capital Investment Program. More information on the Capital Investment Program is provided in chapter 6 of The Budget Budget Paper No1.

Table 6.7:         Capital Investment Program

 

Estimated

2019-20 

2020-21 

2021-22 

2022-23 

 

Total

 

Forward 

Forward 

Forward 

 

Cost 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Attorney-General and Minister for Justice

 

 

 

 

 

An Upgraded Burnie Court Complex

15 000

.... 

500

1 900

5 900

Justice Connect1

.... 

.... 

.... 

.... 

.... 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

New Northern Prison

270 000

1 000

3 900

7 800

32 600

New Southern Remand Centre

70 000

17 000

31 000

16 800

.... 

O'Hara Pre-Release Facility - Additional Units

1 500

700

.... 

.... 

.... 

Risdon Prison Shared Facilities Upgrade

9 340

.... 

.... 

 9 340

.... 

 

 

 

 

 

 

Minister for Planning

 

 

 

 

 

iPlan Stage Two: Integrated Planning and Building Portal2

1 900

525

.... 

.... 

.... 

 

 

 

 

 

 

Total CIP Allocations

 

19 225

34 500

35 840

38 500

 

 

 

 

 

 

Notes:

1.    Justice Connect will be funded from the Digital Transformation Priority Expenditure Program within Finance‑General.

2.    Funding for iPlan Stage Two: Integrated Planning and Building Portal is provided under the Minister for Planning, however the delivery of iPlan Stage Two is through the Consumer, Building and Occupational Services Output, under the responsibility of the Minister for Building and Construction.

An Upgraded Burnie Court Complex

Funding of $15 million over four years from 2020-21 has been provided to upgrade the Burnie Magistrates and Supreme Court Complex. The upgrade works will:

·       enable the long term continuation of magistrate and supreme court services in Burnie;

·       improve safety and amenity for court users;

·       improve disability access;

·       enable the essential functional requirements of a modern court facility; and

·       ensure the building is fit for purpose.

These upgrades will ensure that the Burnie Court Complex can continue to provide efficient and effective access to justice and service the region well into the future.

The Department has engaged an architect and is currently working with stakeholders to develop the final scope of upgrade works for the Burnie Court Complex.

New Northern Prison

Funding of $270 million over 10 years has been allocated to commence construction of a new Northern Prison. The prison will be built in two stages, with $150 million allocated for Stage 1 and $120 million for Stage 2 of the prison. The Department has successfully undertaken a site Expression of Interest process in 2018‑19 and will undertake consultation with communities about identified sites in 2019-20 and construction of Stage 1 will commence during 2020-21.

The Northern Prison will ultimately provide accommodation for a variety of security classifications, remand facilities, and a women’s prison. The Northern Prison will not only relieve pressure on the Risdon facility, but will also be designed to create increased opportunities for prisoners to find meaningful work on release, and importantly provide improved family connections for northern prisoners.

New Southern Remand Centre

Funding of $70 million over four years has been provided to build a new remand facility on the Risdon Prison site.

The new remand facility will be incorporated into the existing network of secure walkways within the Risdon Prison Complex, with the main connection located near the existing Visits Building.

Significant work has been undertaken on this project, with the preliminary site works commenced in 2018‑19 and a managing contractor due to be appointed in the first quarter of 2019‑20.

O’Hara Pre-release Facility - Additional Units

Funding of $1.5 million has been provided over two years from 2018-19 for the construction of four additional independent living accommodation units to increase the pre-release capacity for minimum-security prisoners on the Risdon site. These units will be designed to house four prisoners within each unit, resulting in an increase in the prison capacity by a further 16 beds. This will have the effect of freeing up some of the existing beds in the Ron Barwick Minimum Security Prison. 

The Department is currently working with the Department of Communities Tasmania Housing Division to leverage existing housing contracts to ensure efficient and cost-effective design and construction of the units, with construction expected to be completed in 2019-20.


 

Risdon Prison Shared Facilities Upgrade

Funding of $9.3 million has been provided to upgrade shared facilities at the Risdon Prison to meet increased service demands. Upgrades will include the construction of:

·       an upgraded and expanded gatehouse;

·       an upgraded and expanded medical/health centre;

·       a new kitchen;

·       an upgraded and expanded visits facility; and

·       an upgraded prisoner processing area.

This project is being run concurrently with the construction of the New Southern Remand Centre. This enables the Department to achieve economies of scale by having a consistent project team, contractors and specialist consultants.

iPlan Stage Two: Integrated Planning and Building Portal

The Planning and Building Portal project will make Tasmania’s online ‘one stop shop’ development approvals system one of the best in the nation, by the end of the implementation phase in 2021. It places Tasmania in a strong position to benefit from the advanced rollout of the national broadband network and the associated rapid changes in technology and information delivery and complements the development of the statewide Tasmanian planning scheme.

The system will benefit every home builder and commercial developer in the State, as they will have real time access to the planning and building rules that apply to their land, to help them make decisions about their project. They will also be able to track the progress of their applications to Council.

The project includes a $3.3 million investment from Government, which utilises existing resources, and a capital injection of $1.9 million over the three years (allocated from 2017-18).

Additional funding of $6.4 million over two years will be provided to the Department under the Australian Government’s Small Business Regulatory Reform Agenda. Under this agreement with the Australian Government, Tasmania is required to deliver four reform projects which relate to the planning and building process. These projects will be delivered through the Planning and Building Portal Project (see the Key Deliverables section of this chapter for further details).

Delivery of this significant project is an important part of the Government’s planning and building reform agenda, and will result in considerable savings in both time and resources for anyone involved in the building and construction industry in Tasmania.

 


 

Detailed Budget Statements

Table 6.8:         Statement of Comprehensive Income

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Revenue and other income from transactions

 

 

 

 

 

Appropriation revenue - operating1

193 808 

187 936 

192 405 

198 428 

200 297 

Appropriation revenue - capital2

13 700 

19 225 

35 400 

35 840 

38 500 

Grants3

8 749 

10 661 

3 300 

.... 

.... 

Sales of goods and services

3 984 

4 073 

4 163 

4 239 

4 306 

Fees and fines

9 287 

9 321 

9 355 

9 501 

9 610 

Interest

853 

891 

930 

949 

968 

Other revenue4

9 927 

7 692 

7 759 

7 871 

10 685 

Total revenue and other income from transactions

240 308 

239 799 

253 312 

256 828 

264 366 

 

 

 

 

 

 

Expenses from transactions

 

 

 

 

 

Employee benefits5

127 471 

132 850 

136 807 

141 627 

143 741 

Depreciation and amortisation6

7 812 

12 975 

13 022 

13 074 

13 117 

Supplies and consumables6,7

44 184 

38 832 

40 190 

41 085 

43 353 

Grants and subsidies8

17 641 

17 516 

9 136 

8 828 

9 079 

Borrowing costs6

.... 

333 

468 

462 

391 

Other expenses9

39 170 

26 162 

24 905 

25 046 

25 164 

Total expenses from transactions

236 278 

228 668 

224 528 

230 122 

234 845 

 

 

 

 

 

 

Net result from transactions (net operating balance)

4 030 

11 131 

28 784 

26 706 

29 521 

 

 

 

 

 

 

Net result

4 030 

11 131 

28 784 

26 706 

29 521 

 

 

 

 

 

 

Comprehensive result

4 030 

11 131 

28 784 

26 706 

29 521 

 

 

 

 

 

 

Notes:

1.    The decrease in Appropriation revenue - operating between 2018-19 and 2019-20 reflects the additional funding of $25 million provided for the Redress Scheme for Institutional Child Sexual Abuse in 2018-19. Based on current estimates of requirements, this has been re‑profiled, increasing annual funding over the 2019-20 Budget and Forward Estimates to $9 million per annum. The decrease is partly offset by the provision of additional funding for the Tasmania Prison Service, Legal Assistance Services, a Replacement Magistrate in the North West, Planning Reform, a New Magistrate for Southern Tasmania and Additional Resourcing for the Legal Aid Commission.

2.    The variation in Appropriation revenue ‑ capital reflects the timing of the Department’s capital projects. See Table 6.7 Capital Investment Program for further information.

3.    The increase in Grants in 2019-20 reflects the additional funding received from the Australian Government under the Small Business Regulatory Reform Agenda. The decrease in Grants in 2020-21 reflects the completion of the National Partnership Agreement on Legal Assistance Services on 30 June 2020. The decrease in 2021-22 reflects the completion of the SBRRA funding.

4.    The decrease in Other revenue in 2019-20 reflects the timing of cost recoveries by the Tasmanian Electoral Commission for Local Government Elections. The increase in 2022-23 reflects the 2022 Local Government Elections.

5.    The increase in Employee benefits in 2018-19 reflects additional funding for the Tasmania Prison Service, Legal Assistance Services, a Replacement Magistrate in the North West, Planning Reform and a New Magistrate for Southern Tasmania.

6.    The increase in Depreciation and amortisation and Borrowing costs is offset by a corresponding decrease in Supplies and consumables due to the introduction of the new Australian Accounting Standard AASB 16 Leases from 1 July 2019.

7.    The increase in Supplies and consumables in 2022-23 reflects expenditure associated with the 2022 Local Government Elections.

8.    The decrease in Grants and subsidies in 2020-21 reflects the completion of the National Partnership Agreement on Legal Assistance Services on 30 June 2020.

9.    The decrease in Other expenses in 2019-20 reflects the change in expenditure associated with additional funding of $25 million provided for the Redress Scheme for Institutional Child Sexual Abuse in 2018-19. Based on current estimates of requirements this has been re‑profiled, increasing annual funding over the 2019-20 Budget and Forward Estimates to $9 million per annum. The further decrease in 2020‑21 reflects additional Other expenses costs incurred through the Small Business Regulatory Reform Agenda in 2019-20 only.

Table 6.9:         Statement of Comprehensive Income - Administered

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Revenue and other income from transactions

 

 

 

 

 

Sales of goods and services

17 

17 

17 

17 

17 

Fees and fines

25 206 

25 243 

25 281 

25 279 

25 279 

Interest

127 

151 

154 

156 

158 

Other revenue

16 429 

16 450 

16 955 

17 479 

18 022 

Total revenue and other income from transactions

41 779 

41 861 

42 407 

42 931 

43 476 

 

 

 

 

 

 

Expenses from transactions

 

 

 

 

 

Employee benefits

3 437 

3 565 

3 636 

3 707 

3 781 

Depreciation and amortisation

109 

109 

109 

109 

109 

Supplies and consumables

3 040 

3 104 

3 153 

3 175 

3 202 

Grants and subsidies

259 

266 

271 

276 

282 

Transfers to the Public Account

22 703 

22 740 

22 778 

22 776 

22 776 

Other expenses

11 794 

12 747 

12 804 

12 872 

12 878 

Total expenses from transactions

41 342 

42 531 

42 751 

42 915 

43 028 

 

 

 

 

 

 

Net result from transactions (net operating balance)

437 

(670)

(344)

16 

448 

 

 

 

 

 

 

Net result

437 

(670)

(344)

16 

448 

 

 

 

 

 

 

Comprehensive result

437 

(670)

(344)

16 

448 

 

 

 

 

 

 

 


 

Table 6.10:       Revenue from Appropriation by Output

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Treasurer

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.9 Tasmanian Industrial Commission

1 253 

1 275 

1 306 

1 332 

1 358 

 

1 253 

1 275 

1 306 

1 332 

1 358 

 

 

 

 

 

 

Operating Services Expenditure

1 253 

1 275 

1 306 

1 332 

1 358 

 

1 253 

1 275 

1 306 

1 332 

1 358 

 

 

 

 

 

 

Attorney-General and Minister for Justice

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.1 Supreme Court Services1

7 031 

7 216 

7 258 

7 541 

7 692 

1.2 Magisterial Court Services2

8 815 

9 296 

10 061 

10 415 

10 625 

1.3 Births, Deaths and Marriages

1 054 

1 079 

1 101 

1 131 

1 155 

1.4 Support and Compensation for Victims of Crime

5 540 

5 442 

5 557 

5 721 

5 846 

1.5 Legal Aid3

8 687 

8 930 

8 111 

8 353 

8 604 

1.6 Protective Jurisdictions

3 296 

3 353 

3 442 

3 504 

3 577 

1.7 Equal Opportunity Tasmania

1 458 

1 484 

1 516 

1 551 

1 585 

1.8 Elections and Referendums

669 

688 

705 

717 

731 

1.12 Child Abuse Royal Commission Response Unit4,5

.... 

9 013 

9 036 

9 057 

9 076 

 

36 550 

46 501 

46 787 

47 990 

48 891 

Output Group 2 - Legal Services

 

 

 

 

 

2.1 Crown Law

6 066 

6 156 

6 300 

6 413 

6 534 

2.2 Legislation Development and Review5

26 476 

1 497 

1 532 

1 570 

1 604 

 

32 542 

7 653 

7 832 

7 983 

8 138 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.3 Enforcement of Monetary Penalties

4 068 

4 159 

4 259 

4 388 

4 496 

 

4 068 

4 159 

4 259 

4 388 

4 496 

 

 

 

 

 

 

Capital Investment Program6

.... 

.... 

500 

1 900 

5 900 

 

 

 

 

 

 

Operating Services Expenditure

73 160 

58 313 

58 878 

60 361 

61 525 

Capital Services Expenditure

.... 

.... 

500 

1 900 

5 900 

 

73 160 

58 313 

59 378 

62 261 

67 425 

 


 

Table 6.10:       Revenue from Appropriation by Output (continued)

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

 

 

 

 

 

 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.1 Prison Services7,8

74 246 

75 456 

77 586 

78 685 

80 288 

3.2 Community Corrective Services7

11 849 

15 724 

16 056 

16 370 

16 665 

 

86 095 

91 180 

93 642 

95 055 

96 953 

 

 

 

 

 

 

Capital Investment Program9

12 800 

18 700 

34 900 

33 940 

32 600 

 

 

 

 

 

 

Operating Services Expenditure

86 095 

91 180 

93 642 

95 055 

96 953 

Capital Services Expenditure

12 800 

18 700 

34 900 

33 940 

32 600 

 

98 895 

109 880 

128 542 

128 995 

129 553 

 

 

 

 

 

 

Minister for Building and Construction

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.10 Workers Rehabilitation and Compensation Tribunal10

186 

302 

310 

315 

322 

 

186 

302 

310 

315 

322 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.1 WorkSafe Tasmania

8 837 

9 056 

9 298 

9 508 

9 723 

4.4 Consumer, Building and Occupational Services

3 641 

3 768 

3 869 

3 963 

4 055 

 

12 478 

12 824 

13 167 

13 471 

13 778 

 

 

 

 

 

 

Operating Services Expenditure

12 664 

13 126 

13 477 

13 786 

14 100 

 

12 664 

13 126 

13 477 

13 786 

14 100 

Minister for Planning

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.11 Resource Management and Planning Appeal Tribunal

1 714 

1 747 

1 798 

1 851 

1 899 

 

1 714 

1 747 

1 798 

1 851 

1 899 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.2 Tasmanian Planning Commission

4 254 

4 338 

4 446 

4 548 

4 649 

4.3 Planning Policy and Reform11

771 

1 284 

1 310 

1 345 

1 371 

 

5 025 

5 622 

5 756 

5 893 

6 020 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table 6.10:       Revenue from Appropriation by Output (continued)

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Capital Investment Program12

900 

525 

.... 

.... 

.... 

 

 

 

 

 

 

Operating Services Expenditure

6 739 

7 369 

7 554 

7 744 

7 919 

Capital Services Expenditure

900 

525 

.... 

.... 

.... 

 

7 639 

7 894 

7 554 

7 744 

7 919 

 

 

 

 

 

 

Department of Justice

 

 

 

 

 

Total Operating Services Expenditure

179 911 

171 263 

174 857 

178 278 

181 855 

Total Capital Services Expenditure

13 700 

19 225 

35 400 

35 840 

38 500 

 

193 611 

190 488 

210 257 

214 118 

220 355 

 

 

 

 

 

 

Reserved by Law

 

 

 

 

 

Expenses of Aboriginal Land Council of Tasmania

Elections (Aboriginal Lands Act 1995, Section 17)

Expenses of Parliamentary Elections and Referendums

(Electoral Act 2004 and Referendum Procedures Act

2004)13

2 730 

2 682 

3 154 

5 445 

3 527 

Expenses under the Legislative Council Electoral

Boundaries Act 1995

12 

Salaries of Judges (Supreme Court Act 1887)

3 630 

3 669 

3 749 

3 932 

4 008 

Salaries of Magistrates (Magistrates Court Act 1987)

5 043 

5 327 

5 628 

5 737 

5 851 

Salary and Travel Allowances, Solicitor-General

(Solicitor-General Act 1983)

528 

532 

545 

554 

564 

Salary and Travelling Allowance, Associate Judge of the

Supreme Court (Supreme Court Act 1959)

449 

453 

462 

472 

482 

Victims of Crime Assistance Act 197614

1 500 

4 000 

4 000 

4 000 

4 000 

 

13 897 

16 673 

17 548 

20 150 

18 442 

 

 

 

 

 

 

Total Revenue from Appropriation

207 508 

207 161 

227 805 

234 268 

238 797 

 

 

 

 

 

 

Controlled Revenue from Appropriation

207 508 

207 161 

227 805 

234 268 

238 797 

 

207 508 

207 161 

227 805 

234 268 

238 797 

 

 

 

 

 

 

Notes:

1.    The increase in Supreme Court Services in 2021-22 reflects funding for the Additional Supreme Court Judge.

2.    The increase in Magisterial Court Services reflects additional funding for the Replacement Magistrate in the North West and the New Magistrate for Southern Tasmania.

3.    The decrease in Legal Aid in 2020-21 reflects the cessation of the National Partnership Agreement on Legal Assistance Services on 30 June 2020 which is partly offset by funding for Legal Aid Commission Additional Resourcing. A new NPA on Legal Assistance Services is due to be negotiated prior to the 2020-21 Budget.

4.    The Child Abuse Royal Commission Response Unit is a new Output which was created during 2018-19 as a result of the Government’s participation in the Australian Government’s National Redress Scheme for Institutional Child Sexual Abuse.

5.    In 2018-19, additional funding of $25 million was provided for the Redress Scheme for Institutional Child Sexual Abuse. This funding was allocated to Legislation Development and Review Output in the 2018-19 Budget, but has been transferred to the Child Abuse Royal Commission Response Unit. Based on current estimates of requirements this has been re‑profiled, increasing annual funding over the 2019-20 Budget and Forward Estimates to $9 million per annum..

6.    The increase in Capital Investment Program in 2020-21 reflects the additional funding provided for an Upgraded Burnie Court Complex. See Table 6.7 Capital Investment Program for further information.

7.    In 2018-19, additional funding of $4.3 million was provided for Alternative Sentencing Options. This funding was allocated to Prison Services in the 2018-19 Budget, but has been transferred to Community Corrective Services from 2019‑20 and will be used to fund the home detention and electronic monitoring sentencing option.

8.    The increase in Prison Services reflects funding for Additional Tasmania Prison Service Funding.

9.    The variation in Capital Investment Program reflects the additional funding provided for the Corrections portfolio related capital projects. See Table 6.7 Capital Investment Program for further information.

10.  The increase in Workers Rehabilitation and Compensation Tribunal reflects a reallocation of funding and overhead between Magisterial Court Services (with an equivalent decrease) and the WRCT for the Anti-Discrimination Tribunal.

11.  The increase in Planning Policy and Reform reflects additional funding for the implementation of Planning Reform initiative.

12.  The variation in Capital Investment Program reflects the timing of funding associated with iPlan Stage 2 development to integrate the planning and business processes. See Table 6.7 Capital Investment Program for further information.

13.  The increase in Expenses of Parliamentary Elections and Referendums (Electoral Act 2004 and Referendum Procedures Act 2004) in 2021-22 reflects funding for the next State Election.

14.  The increase in Victims of Crime Assistance Act 1976 reflects the increasing costs of victims of crime compensation claims made under this Act.

Table 6.11:       Administered Revenue

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Revenue Collected on Behalf of the Public Account

 

 

 

 

 

Consumer Affairs Office Regulatory Fees

225 

227 

229 

229 

229 

Fines

18 125 

18 125 

18 125 

18 125 

18 125 

Magisterial Courts Regulatory Fees

582 

588 

594 

594 

594 

Other Regulatory Fees

703 

708 

713 

713 

713 

Other Revenue

40 

40 

40 

40 

40 

Other Sales of Services

Registrar-General Regulatory Fees

1 942 

1 961 

1 981 

1 981 

1 981 

Supreme Court Regulatory Fees

1 079 

1 084 

1 089 

1 087 

1 087 

 

22 703 

22 740 

22 778 

22 776 

22 776 

 

 

 

 

 

 

Agency Revenue

 

 

 

 

 

Fines

2 550 

2 550 

2 550 

2 550 

2 550 

Interest income

127 

151 

154 

156 

158 

Other Revenue

16 389 

16 410 

16 915 

17 439 

17 982 

Other Sales of Services

10 

10 

10 

10 

10 

 

19 076 

19 121 

19 629 

20 155 

20 700 

 

 

 

 

 

 

Total Administered Revenue

41 779 

41 861 

42 407 

42 931 

43 476 

 

 

 

 

 

 


 

Table 6.12:       Administered Expenses

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Grants and Subsidies

 

 

 

 

 

Asbestos Compensation Fund1

6 794 

7 695 

7 682 

7 662 

7 582 

Workcover Tasmania Board

9 345 

9 596 

9 791 

9 977 

10 170 

 

16 139 

17 291 

17 473 

17 639 

17 752 

 

 

 

 

 

 

Transfer to the Public Account

22 703 

22 740 

22 778 

22 776 

22 776 

 

 

 

 

 

 

Other Administered Expenses

2 500 

2 500 

2 500 

2 500 

2 500 

 

 

 

 

 

 

Total Administered Expenses

41 342 

42 531 

42 751 

42 915 

43 028 

 

 

 

 

 

 

Note:

1.    The variations in Asbestos Compensation Fund reflects updated estimates of expenditure by the Fund’s actuary.

Asbestos Compensation Fund

The Asbestos Compensation Fund was established in accordance with the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011. The Fund is established for the payment of compensation and certain other expenses, related to the contraction of asbestos related diseases by workers who are exposed to asbestos in the course of their employment. The Fund is overseen by the Asbestos Compensation Commissioner, who is responsible for making determinations regarding a worker’s application for compensation and managing all monies in relation to the Fund.

WorkCover Tasmania Board

The WorkCover Tasmania Board oversees, promotes, reviews and ensures the efficient operation of workers’ rehabilitation and compensation procedures in accordance with the Workers Rehabilitation and Compensation Act 1988. Integral to this role, it advises the Minister on matters relating to workers’ rehabilitation and compensation in the State. Other major functions include reviewing the performance of licensed insurers and self-insurers and the operation of the Nominal Insurer, and managing the Workers’ Rehabilitation and Compensation Fund.

 

Table 6.13:       Statement of Financial Position as at 30 June

 

2019 

2020 

2021 

2022 

2023 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Assets

 

 

 

 

 

Financial assets

 

 

 

 

 

Cash and deposits1

22 832 

24 316 

22 983 

22 380 

21 777 

Receivables1

714 

1 162 

1 187 

1 212 

1 237 

 

23 546 

25 478 

24 170 

23 592 

23 014 

 

 

 

 

 

 

Non-financial assets

 

 

 

 

 

Inventories1

448 

552 

552 

552 

552 

Property, plant and equipment2

149 861 

157 018 

185 616 

214 654 

246 352 

Intangibles3

3 272 

5 035 

7 375 

6 415 

5 455 

Other assets4

8 017 

23 523 

24 083 

21 581 

17 707 

 

161 598 

186 128 

217 626 

243 202 

270 066 

 

 

 

 

 

 

Total assets

185 144 

211 606 

241 796 

266 794 

293 080 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

Payables1

2 718 

3 586 

3 686 

3 786 

3 886 

Interest bearing liabilities4

.... 

17 228 

18 084 

15 826 

12 041 

Employee benefits1

28 336 

29 955 

30 368 

30 781 

31 194 

Other liabilities1

73 

73 

110 

147 

184 

Total liabilities

31 127 

50 842 

52 248 

50 540 

47 305 

 

 

 

 

 

 

Net assets (liabilities)

154 017 

160 764 

189 548 

216 254 

245 775 

 

 

 

 

 

 

Equity

 

 

 

 

 

Reserves

52 564 

52 564 

52 564 

52 564 

52 564 

Accumulated funds

101 453 

108 200 

136 984 

163 690 

193 211 

Total equity

154 017 

160 764 

189 548 

216 254 

245 775 

 

 

 

 

 

 

Notes:

1.    The variations in Cash and deposits, Receivables, Inventories, Payables, Employee benefits and Other liabilities in 2020 reflect revised estimates based on 30 June 2018 actuals.

2.    The increases in Property, plant and equipment reflects the timing of the Department’s capital projects, offset by annual depreciation charges. See Table 6.7 Capital Investment Program for further information.

3.    The variation in Intangibles across the Forward Estimates reflects annual amortisation charges on software and purchases of Non-Financial Assets under the Small Business Regulatory Reform Agenda initiative.

4.    The variation in Other assets and Interest bearing liabilities reflect the introduction of the new Australian Accounting Standard AASB 16 Leases from 1 July 2019 which requires all material leases to be recorded on the Statement of Financial Position.


5.     

Table 6.14:       Statement of Financial Position as at 30 June - Administered

 

2019 

2020 

2021 

2022 

2023 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Assets

 

 

 

 

 

Financial assets

 

 

 

 

 

Cash and deposits1

22 112 

21 925 

21 700 

21 835 

22 402 

Receivables2

119 949 

109 624 

104 638 

99 652 

94 666 

 

142 061 

131 549 

126 338 

121 487 

117 068 

 

 

 

 

 

 

Non-financial assets

 

 

 

 

 

Intangibles3

483 

366 

257 

148 

39 

 

483 

366 

257 

148 

39 

 

 

 

 

 

 

Total assets

142 544 

131 915 

126 595 

121 635 

117 107 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

Payables4

3 181 

3 676 

3 679 

3 682 

3 685 

Provisions2

85 699 

75 809 

70 823 

65 837 

60 851 

Employee benefits

899 

886 

892 

898 

904 

Other liabilities

Total liabilities

89 781 

80 373 

75 397 

70 421 

65 445 

 

 

 

 

 

 

Net assets (liabilities)

52 763 

51 542 

51 198 

51 214 

51 662 

 

 

 

 

 

 

Equity

 

 

 

 

 

Accumulated funds

52 763 

51 542 

51 198 

51 214 

51 662 

Total equity

52 763 

51 542 

51 198 

51 214 

51 662 

 

 

 

 

 

 

Notes:

1.    The decrease in Cash and deposits in 2020 reflects revised estimates based on 30 June 2018 actuals.

2.    The decrease in Receivables and Provisions in 2020 reflects reassessments of future fees receivable and future compensation payable from the Asbestos Compensation Fund by the Fund’s actuary in accordance with Australian Accounting Standards.

3.    The decrease in Intangibles reflects annual amortisation charges on the WorkCover Tasmania Board’s software applications.

4.    The increase in Payables in 2020 reflects revised estimates on 30 June 2018 actuals.


 

Table 6.15:       Statement of Cash Flows

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Cash flows from operating activities

 

 

 

 

 

Cash inflows

 

 

 

 

 

Appropriation receipts - operating1

193 808 

187 936 

192 405 

198 428 

200 297 

Appropriation receipts - capital2

13 700 

19 225 

35 400 

35 840 

38 500 

Grants3

8 749 

10 661 

3 300 

.... 

.... 

Sales of goods and services

3 959 

4 048 

4 138 

4 214 

4 281 

Fees and fines

9 287 

9 321 

9 355 

9 501 

9 610 

GST receipts

5 700 

5 700 

5 700 

5 700 

5 700 

Interest received

853 

891 

930 

949 

968 

Other cash receipts4

9 927 

7 692 

7 759 

7 871 

10 685 

Total cash inflows

245 983 

245 474 

258 987 

262 503 

270 041 

 

 

 

 

 

 

Cash outflows

 

 

 

 

 

Employee benefits5

(113 100)

(117 887)

(121 461)

(125 708)

(127 617)

Superannuation5

(13 921)

(14 513)

(14 896)

(15 469)

(15 674)

Borrowing costs

.... 

(333)

(468)

(462)

(391)

GST payments

(5 700)

(5 700)

(5 700)

(5 700)

(5 700)

Grants and subsidies6

(17 641)

(17 516)

(9 136)

(8 828)

(9 079)

Supplies and consumables7

(44 084)

(38 732)

(40 090)

(40 985)

(43 253)

Other cash payments8

(39 170)

(26 162)

(24 905)

(25 046)

(25 164)

Total cash outflows

(233 616)

(220 843)

(216 656)

(222 198)

(226 878)

 

 

 

 

 

 

Net cash from (used by) operating activities

12 367 

24 631 

42 331 

40 305 

43 163 

 

 

 

 

 

 

Cash flows from investing activities

 

 

 

 

 

Payments for acquisition of non-financial assets2

(13 700)

(20 925)

(38 700)

(35 840)

(38 500)

Net cash from (used by) investing activities

(13 700)

(20 925)

(38 700)

(35 840)

(38 500)

 

 

 

 

 

 

Cash flows from financing activities

 

 

 

 

 

Net borrowings

.... 

(5 039)

(4 964)

(5 068)

(5 266)

Net cash from (used by) financing activities

.... 

(5 039)

(4 964)

(5 068)

(5 266)

 

 

 

 

 

 

Net increase (decrease) in cash and cash equivalents

held

(1 333)

(1 333)

(1 333)

(603)

(603)

 

 

 

 

 

 

Cash and deposits at the beginning of the reporting

period

24 165 

25 649 

24 316 

22 983 

22 380 

Cash and deposits at the end of the reporting period

22 832 

24 316 

22 983 

22 380 

21 777 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notes:

1.    The decrease in Appropriation receipts - operating between 2018-19 and 2019-20 reflects the additional funding of $25 million provided for the Redress Scheme for Institutional Child Sexual Abuse in 2018-19. Based on current estimates of requirements, this has been re‑profiled, increasing annual funding over the 2019-20 Budget and Forward Estimates to $9 million per annum. The decrease is partly offset by the provision of additional funding for, the Tasmania Prison Service, Legal Assistance Services, a Replacement Magistrate in the North West, Planning Reform, a New Magistrate for Southern Tasmania and Additional Resourcing for the Legal Aid Commission.

2.    The variation in Appropriation receipts - capital and Payments for acquisition of non-financial assets reflects the timing of the Department’s capital projects. See Table 6.7 Capital Investment Program for further information.

3.    The increase in Grants in 2019-20 reflects the additional funding received from the Australian Government under the Small Business Regulatory Reform Agenda. The decrease in Grants in 2020-21 reflects the completion of the National Partnership Agreement on Legal Assistance Services on 30 June 2020. The decrease in 2021-22 reflects the completion of the SBRRA funding.

4.    The decrease in Other cash receipts in 2019-20 reflects the timing of cost recoveries by the Tasmanian Electoral Commission for Local Government Elections. The increase in 2022-23 reflects the 2022 Local Government Elections.

5.    The increase in Employee benefits and Superannuation in 2018-19 reflects additional funding for the Tasmania Prison Service, Legal Assistance Services, a Replacement Magistrate in the North West, Planning Reform and a New Magistrate for Southern Tasmania.

6.    The decrease in Grants and subsidies in 2020-21 reflects the completion of the National Partnership Agreement on Legal Assistance Services on 30 June 2020. A new NPA is due to be negotiated prior to the 2020-21 Budget.

7.    The increase in Supplies and consumables in 2022-23 reflects expenditure in accordance with the timing of the 2022 Local Government Elections.

8.    The decrease in Other cash payments between 2018-19 and 2019-20 reflects the additional funding of $25 million provided for the Redress Scheme for Institutional Child Sexual Abuse in 2018-19. Based on current estimates of requirements this has been re‑profiled, increasing annual funding over the 2019-20 Budget and Forward Estimates to $9 million per annum. The further decrease in 2020-21 reflects additional Other expenses costs incurred through the Small Business Regulatory Reform Agenda in 2019-20 only.

 


 

Table 6.16        Statement of Cash Flows - Administered

 

2018-19 

2019-20 

2020-21 

2021-22 

2022-23 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Cash flows from operating activities

 

 

 

 

 

Cash inflows

 

 

 

 

 

Sales of goods and services

17 

17 

17 

17 

17 

Fees and fines

25 206 

25 243 

25 281 

25 279 

25 279 

Interest received

127 

151 

154 

156 

158 

Other cash receipts

16 429 

16 450 

16 955 

17 479 

18 022 

Total cash inflows

41 779 

41 861 

42 407 

42 931 

43 476 

 

 

 

 

 

 

Cash outflows

 

 

 

 

 

Employee benefits

(3 096)

(3 157)

(3 220)

(3 283)

(3 348)

Superannuation

(335)

(402)

(410)

(418)

(427)

Grants and subsidies

(259)

(266)

(271)

(276)

(282)

Transfers to the Public Account

(22 703)

(22 740)

(22 778)

(22 776)

(22 776)

Supplies and consumables

(3 037)

(3 101)

(3 150)

(3 172)

(3 199)

Other cash payments

(11 793)

(12 746)

(12 803)

(12 871)

(12 877)

Total cash outflows

(41 223)

(42 412)

(42 632)

(42 796)

(42 909)

 

 

 

 

 

 

Net cash from (used by) operating activities

556 

(551)

(225)

135 

567 

 

 

 

 

 

 

Net increase (decrease) in cash and cash equivalents

held

556 

(551)

(225)

135 

567 

 

 

 

 

 

 

Cash and deposits at the beginning of the reporting

period

21 556 

22 476 

21 925 

21 700 

21 835 

Cash and deposits at the end of the reporting period

22 112 

21 925 

21 700 

21 835 

22 402