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, Minister for Corrections, and Minister for Building and Construction, Hon Elise Archer MP; and the Minister for Planning, Hon Roger Jaensch MP.

The Department provides administrative support for: the Supreme and Magistrates Courts; Tasmanian Industrial Commission; Legal Aid Tasmania; Tasmanian Electoral Commission; Workers Rehabilitation and Compensation Tribunal; WorkCover Tasmania Board; Asbestos Compensation Commissioner; 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 have separate accountability arrangements.

The Department comprises: Corrective Services (Tasmania Prison Service and Community Corrections); 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; Child Abuse Royal Commission Response 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 2020‑21 and over the Forward Estimates (2021‑22 to 2023‑24). 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 continue to invest in increasing access to justice, reducing the court criminal backlogs and supporting 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.

In addition to the important key deliverables identified in the below table, the agency is also taking action to support the implementation of the important recommendations included in the Premier’s Economic and Social Recovery Advisory Council’s Interim Report which have been endorsed by the Government. Where specific additional funding is not required, recommendations are being implemented within existing agency resources.

Table 6.1 provides a summary of the Budget and Forward Estimates allocations for key deliverables being undertaken by the Department.

Table 6.1:         Key Deliverables Statement

 

2020‑21

 

Budget

2021‑22

Forward

Estimate

2022‑23

Forward

Estimate

2023‑24

Forward

Estimate

 

$'000

$'000

$'000

$'000

 

 

 

 

 

COVID‑19 Response and Recovery Measures

 

 

 

 

Public Building Maintenance Program

5 842

....

....

....

Rent Relief Fund

1 250

....

....

....

Video Conferencing and Recording

900

900

....

....

 

 

 

 

 

Other Key Deliverables

 

 

 

 

Crown Law Legal Risk Management

550

550

550

550

Justice Connect ‑ Stage 3 (Single Tribunal)1

....

3 000

3 000

....

Legal Assistance Sector Continuation of Funding

640

640

640

640

Metro Plan

50

....

....

....

Real Time Fuel Price Monitoring2

350

50

50

50

Regional Land Use Review

400

100

....

....

Serious Cases Fund ‑ Complex Criminal Trials

250

500

750

750

Southern Remand Centre ‑ Capital Funding3

....

15 000

....

....

Southern Remand Centre ‑ Operational Funding

910

5 145

6 780

6 855

Statewide Forensic Pathology Services

203

203

203

203

Structure Planning for Regional Centres in Southern Tasmania4

....

....

....

....

Tasmanian Prison Services ‑ Increasing Demand and Cost Pressures

3 500

3 500

3 500

3 500

 

 

 

 

 

Notes:

1.    Justice Connect ‑ Stage 3 (Single Tribunal) is funded from the Digital Transformation Priority Expenditure Program within Finance‑General.

2.    Real Time Fuel Price Monitoring funding consists of capital expenditure of $300 000 in 2020‑21, with operational expenditure of $50 000 per annum.

3.    Additional capital funding of $15 million relates to an increase in the commitment for the New Southern Remand Centre, taking total project funding to $85 million.

4.    Funding for this deliverable will be met through existing funding allocations.

COVID-19 Response and Recovery Measures

Public Building Maintenance Program

Funding of $5.8 million has been provided in 2020‑21 as part of the Government’s Public Building Maintenance Program. Projects to be delivered include upgrades at the Risdon Prison Site, COVID‑19 O’Hara Temporary Minimum Security Project ‑ Temporary accommodation and other upgrades statewide.

Rent Relief Fund

Funding of $1.25 million has been provided in 2020‑21 to support Tasmanian residential households who rent homes in the private market who are suffering extreme hardship. The Fund provides targeted support of up to $2 000 or four weeks rent.

Video Conferencing and Recording

Funding of $1.8 million has been provided over two years for new, or to replace outdated, video conferencing equipment at the Magistrates and Supreme Courts facilities and the Tasmania Prison Service. This will improve statewide access to justice services and reduce transportation needs of prisoners/remandees to and from the courts.

Other Key Deliverables

Crown Law Legal Risk Management

New funding of $550 000 per annum has been provided from 2021‑22 to enable Crown Law to meet the increasing demand for services to the Government and agencies. This funding will enable Crown Law to provide additional legal services in both the Office of the Crown Solicitor and the Office of the Solicitor‑General to meet the needs of its clients and better meet the demands of the Government’s extensive infrastructure program.

Justice Connect ‑ Stage 3 (Single Tribunal)

The third stage of the Justice Connect program will see the replacement of current case management systems with a single more contemporary integrated system that will support the case management needs of a combined Single Tribunal.

An allocation of $6 million over two years from 2021‑22 will be met from the Digital Transformation Priority Expenditure Program within Finance‑General.

Legal Assistance Sector Continuation of Funding

On 1 July 2020, funding for the provision of legal assistance services was reduced under the National Legal Assistance Partnership 2020‑25. As a result, to maintain core service levels in this Budget, the State Government has committed to provide funding of $640 000 per annum from 2020‑21 to Legal Aid Tasmania and the State’s Community Legal Centres.

The Government recognises and values the important role that legal assistance plays in our community and the funding allocated will allow Legal Aid Tasmania and the CLCs to continue delivering vital legal assistance to the most vulnerable members of our community.

Metro Plan

Development of the Metro Plan is a critical component of the Hobart City Deal and will inform and guide a range of actions including:

·       a review of the future Southern Tasmanian Regional Land Use Strategy;

·       a range of state and local government programs, including prioritising immediate capital works in response to the COVID‑19 pandemic; and

·       support work with stakeholders to shape the vision statement(s) upon which the Metro Plan will be based.

Real Time Fuel Price Monitoring

Capital funding of $300 000 is provided for the development of a real time fuel price monitoring scheme application in Tasmania. To meet the operating costs of the scheme application, ongoing funding of $50 000 per annum from 2020‑21 has also been provided.

Regional Land Use Review

Funding of $500 000 over two years has been provided to assist with the Stage 1 review of the Northern and Southern Tasmanian Regional Land Use Strategies. Once the Tasmanian Planning Policies have been prepared, baseline data will be established, from which a review of the STRLUS can commence. By running these two phases concurrently, delivery timeframes of the project will be reduced.

Serious Cases Fund - Complex Criminal Trials

Funding of $2.3 million has been provided to Legal Aid Tasmania incrementally over four years to reduce the backlog of complex criminal cases waiting to be processed through the Supreme Court.

Southern Remand Centre

Additional capital funding of $15 million has been provided in 2021‑22 to build a new remand facility on the Risdon Prison site.

The new remand facility is being incorporated within the Risdon Prison Complex within the existing network of secure walkways, with the main connection located near the existing Visits Building. Significant work has already been undertaken on this project with early works commenced during 2019‑20 and a managing contractor appointed.

Initial operational funding of $910 000 has been provided in 2020‑21, increasing to $5.1 million, $6.8 million and $6.9 million over the Forward Estimates. This funding will support the administrative and operational costs associated with the construction and commissioning of the New Southern Remand Centre and the ongoing operational costs from 2021‑22, including correctional, rehabilitation and reintegration staff, security, utilities, property maintenance and other support.


 

Statewide Forensic Pathology Services

Funding of $203 000 per annum has been provided from 2020‑21 to support the implementation of a sustainable service delivery model for a centralised forensic pathology service by the Department of Health. The provision of all forensic pathology services from Hobart currently requires all forensic autopsy cases to be transported to Hobart for investigation, a cost that is covered by the Magistrates Court, which is not sustainable.

Structure Planning for Regional Centres in Southern Tasmania

Constraints on how the growth of key centres outside of Hobart are addressed will be considered through updating the Southern Tasmanian Regional Land Use Strategy as well as the Hobart City Deal. Currently, growth in these areas is controlled by policy statements and not urban growth boundaries. As a result, some logical re‑zonings have been rejected. To rectify this issue, more detailed structure planning of key settlements to assess areas that are better placed for growth will be incorporated into the Strategy.

Tasmanian Prison Services - Increasing Demand and Cost Pressures

In 2020‑21, to assist with increasing cost pressures as a result of sustained high prisoner numbers, additional funding of $3.5 million per annum has been provided for the Tasmania Prison Service. This funding will assist in addressing correctional staffing costs to maintain the safety and security of staff and prisoners and the facilities. The funding will also contribute towards other costs associated with high prisoner numbers, including water, food, clothing, bedding and other prisoner related consumables and non‑salary costs.


 

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;

·       Output Group 4 ‑ Regulatory and Other Services;

·       Output Group 89 ‑ Public Building Maintenance Program; and

·       Output Group 90 ‑ COVID‑19 Response and Recovery.

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

COVID‑19 Response and Recovery Measures

To enable the presentation of this important information, new Output Groups have been established. Output Group 89 ‑ Public Building Maintenance Program, reflects expenditure under the Government’s Public Building Maintenance Program. Output Group 90 ‑ COVID‑19 Response and Recovery, reflects expenditure allocated to specific Government COVID‑19 response and recovery initiatives. Further information in relation to these outputs is provided in the Key Deliverables section of this chapter.


 

Table 6.2:         Output Group Expense Summary

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Attorney-General and Minister for Justice

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.1 Supreme Court Services1

14 270 

14 493 

15 056 

15 329 

15 619 

1.2 Magisterial Court Services2

16 426 

17 982 

18 353 

18 710 

19 091 

1.3 Births, Deaths and Marriages

1 701 

1 741 

1 789 

1 828 

1 855 

1.4 Support and Compensation for Victims of Crime3

9 788 

10 475 

10 108 

10 235 

10 365 

1.5 Legal Aid4

16 493 

23 658 

22 649 

22 368 

22 917 

1.6 Protective Jurisdictions

3 732 

3 935 

4 029 

4 114 

4 208 

1.7 Equal Opportunity Tasmania

1 693 

1 740 

1 787 

1 826 

1 864 

1.8 Elections and Referendums5

3 592 

5 208 

6 637 

7 449 

4 871 

1.9 Tasmanian Industrial Commission

1 421 

1 464 

1 501 

1 532 

1 568 

1.12 Child Abuse Royal Commission Response Unit6

9 015 

10 103 

9 341 

9 355 

8 370 

 

78 131 

90 799 

91 250 

92 746 

90 728 

Output Group 2 - Legal Services

 

 

 

 

 

2.1 Crown Law7

6 869 

8 017 

8 208 

8 375 

8 561 

2.2 Legislation Development and Review

1 550 

1 603 

1 652 

1 691 

1 731 

 

8 419 

9 620 

9 860 

10 066 

10 292 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.3 Enforcement of Monetary Penalties

7 775 

7 892 

8 032 

8 134 

8 237 

 

7 775 

7 892 

8 032 

8 134 

8 237 

Output Group 89 - Public Building Maintenance Program

 

 

 

 

 

89.1 Public Building Maintenance Program

.... 

5 842 

.... 

.... 

.... 

 

.... 

5 842 

.... 

.... 

.... 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

 

 

 

 

 

 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.1 Prison Services8

84 234 

90 815 

97 169 

101 348 

103 538 

3.2 Community Corrective Services

15 768 

16 233 

16 647 

16 992 

17 356 

 

100 002 

107 048 

113 816 

118 340 

120 894 

 

 

 

 

 

 

Minister for Building and Construction

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.10 Workers’ Rehabilitation and Compensation Tribunal

1 867 

1 953 

1 987 

2 024 

2 030 

 

1 867 

1 953 

1 987 

2 024 

2 030 


 

Table 6.2:         Output Group Expense Summary (continued)

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.1 WorkSafe Tasmania

10 953 

11 277 

11 633 

11 971 

12 317 

4.4 Consumer, Building and Occupational Services9

15 932 

14 916 

15 333 

15 658 

15 789 

 

26 885 

26 193 

26 966 

27 629 

28 106 

Output Group 90 - COVID-19 Response and Recovery

 

 

 

 

 

90.3 Rent Relief Fund

.... 

1 250 

.... 

.... 

.... 

 

.... 

1 250 

.... 

.... 

.... 

 

 

 

 

 

 

Grants and Subsidies

17 291 

17 473 

17 639 

17 752 

17 968 

 

 

 

 

 

 

Minister for Planning

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.11 Resource Management and Planning Appeal Tribunal

1 851 

1 993 

2 057 

2 107 

2 162 

 

1 851 

1 993 

2 057 

2 107 

2 162 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.2 Tasmanian Planning Commission

4 952 

5 094 

5 219 

5 329 

5 442 

4.3 Planning Policy and Reform10

1 286 

1 781 

1 468 

1 395 

1 427 

 

6 238 

6 875 

6 687 

6 724 

6 869 

 

 

 

 

 

 

TOTAL

248 459 

276 938 

278 294 

285 522 

287 286 

 

 

 

 

 

 

 Notes:

1.    The increase in Supreme Court Services reflects funding for the Additional Supreme Court Judge announced in the 2019‑20 Budget.

2.    The increase in Magisterial Court Services reflects funding for Statewide Forensic Pathology Services and the New Magistrate for Southern Tasmania announced in the 2019‑20 Budget.

3.    The increase in Support and Compensation for Victims of Crime in 2020‑21 reflects the expansion of the Safe Homes, Families and Communities program for 12 months.

4.    The increase in Legal Aid from 2020‑21 and over the Forward Estimates reflects the finalisation of the National Legal Assistance Partnership Agreement with the Australian Government (2020‑21 to 2024‑25).

5.    The increase in Elections and Referendums in 2020‑21 reflects the postponement of the Huon and Rosevears Legislative Council elections as a result of the COVID‑19 pandemic. The variation over the Forward Estimates reflects the timing of elections, including the State Election in 2021‑22 and Local Government elections in 2022‑23.

6.    The variation in Child Abuse Royal Commission Response Unit reflects the funding profile of the provision for the Redress Scheme for Institutional Child Sexual Abuse.

7.    This increase in Crown Law primarily reflects additional funding for Crown Law Legal Risk Management.

8.    The increase in Prison Services reflects funding for Tasmanian Prison Services ‑ Increasing Demand and Cost Pressures, and the Southern Remand Centre ‑ Operational Funding.

9.    The decrease in Consumer, Building and Occupational Services in 2020‑21 reflects expenditure related to the Small Business Regulatory Reform Agenda, a significant portion of which was allocated to Purchases of Non‑Financial Assets.

10.  The increase in Planning Policy and Reform reflects additional funding for the Metro Plan and the Regional Land Use Review.


 

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

Outputs include:

·       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 1995, 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 orders to determine whether they 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 the Aboriginal Land Council and Local Government Elections. The latter are conducted on a cost recovery basis.

1.9 Tasmanian Industrial Commission

The Tasmanian Industrial 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

2017‑18 Actual

2018‑19 Actual

2019‑20 Actual1

2020‑21 Target

 

 

 

 

 

 

Supreme Court ‑ Criminal Jurisdiction

 

 

 

 

 

Pending cases older than 12 months

%

35.3

30.6

38.8

35.0

Real net recurrent expenditure per finalisation2

$

17 546

19 010

13 579

17 000

 

 

 

 

 

 

Supreme Court ‑ Civil Jurisdiction

 

 

 

 

 

Pending cases older than 12 months

%

39.3

41.5

41.8

35.0

Real net recurrent expenditure per finalisation2

$

5 722

5 322

4 253

5 000

 

 

 

 

 

 

Magistrates Court ‑ Criminal Jurisdiction

 

 

 

 

 

Pending cases older than six months

%

36.2

36.0

38.5

30.0

Real net recurrent expenditure per finalisation2

$

485

530

649

500

 

 

 

 

 

 

Magistrates Court ‑ Youth Justice Division

 

 

 

 

 

Pending cases older than six months

%

20.3

27.3

22.5

20.0

Real net recurrent expenditure per finalisation2

$

646

741

858

600

 

 

 

 

 

 

Magistrates Court ‑ Civil Jurisdiction

 

 

 

 

 

Pending cases older than six months

%

40.9

45.3

52.2

35.0

Real net recurrent expenditure per finalisation2

$

314

343

482

250

 

 

 

 

 

 

Magistrates Court ‑ Coronial Division

 

 

 

 

 

Pending cases older than 12 months

%

40.9

42.6

34.7

30.0

Real net recurrent expenditure per finalisation2

$

3 127

3 410

2 960

3 000

 

 

 

 

 

 

Births, Deaths and Marriages

 

 

 

 

 

Unit Cost per Transaction3

$

14.8

14.9

17.4

16.5

Registration within seven days of receipt

%

91

95

93

90

Certificates within seven days of receipt

%

90

95

92

90

Registration Error Rate

%

1.8

1.4

1.0

<2

 

 

 

 

 

 

Legal Aid Tasmania

 

 

 

 

 

Duty Lawyer Services

Number

5 518

6 633

5 868

5 895

Legal Advice to Clients

Number

4 567

4 567

4 824

5 000

Applications for Legal Aid Approved

Number

4 818

4 905

5 178

5 200

Telephone Advice Line Calls4

Number

15 928

21 813

22 621

22 800

Legal Talk5

Number

1 216

3 465

3 213

3 500

 

 

 

 

 

 

Protective Jurisdictions ‑ Guardianship and Administration Board

 

 

 

 

 

Matters commenced within statutory time frame

%

97.6

99.7

99.2

99.0

Number of hearings per sitting

Number

5.1

5.2

4.9

5.0

 

 

 

 

 

 

 


 

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

Performance Measure

Unit of Measure

2017‑18 Actual

2018‑19 Actual

2019‑20 Actual1

2020‑21 Target

 

 

 

 

 

 

Protective Jurisdictions ‑ Mental Health Tribunal

 

 

 

 

 

Matters determined within statutory time frame

%

94

100

100

100

Number of hearings per sitting

Number

4

4

4

5

 

 

 

 

 

 

Equal Opportunity Tasmania

 

 

 

 

 

Complaints received6

Number

147

179

166

180

Complaints accepted for investigation

Number

82

83

81

100

Accepted complaints resolved or part resolved through early and post investigation conciliation6

Number

42

52

55

60

 

%

51.0

62.0

67.0

70.0

Number of complaints finalised

Number

132

160

188

170

Complaints received and finalised within six months

%

64.0

66.0

78.0

70.0

Complaints received and finalised within nine months

%

82.0

85.0

93.0

90.0

Complaints received and finalised within 12 months

%

90.0

93.0

97.0

95.0

Training/education sessions delivered7

Number

230

208

188

300

 

 

 

 

 

 

Legislative Council Elections

 

 

 

 

 

Legislative Council Participation Rate8,9

%

82.8

83.9

na

>85.0

Legislative Council Rate of Informal Votes8,9

%

3.8

3.3

na

<5.0

Legislative Council ‑ Election Cost Per Enrolled Elector8,9

$

11.6

13.7

na

na

Roll Maintenance Cost per Elector

$

1.1

1.2

1.3

na

 

 

 

 

 

 

Tasmanian Industrial Commission

 

 

 

 

 

Clearance Rate10

%

91

89

92

95

Proportion of matters finalised within three months

%

60

75

88

75

 

 

 

 

 

 

Resource Management and Planning Appeal Tribunal

 

 

 

 

 

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

%

71.2

79.8

69.1

78.0

Percentage of appeals resolved within 90 days without extension

%

63.9

62.7

62.7

100

Percentage of appeals which did require extensions due to parties

%

91.3

98.1

100

95.0

 

 

 

 

 

 

Child Abuse Royal Commission Response Unit11

 

 

 

 

 

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 Elections12

 

 

 

 

 

House of Assembly Election Participation Rate

%

93.5

92.4

95.0

95.0

House of Assembly Rate of Informal Votes

%

4.8

4.9

4.0

4.0

 

 

 

 

 

 

Notes:

1.    Figures for 2019‑20 are preliminary.

2.    Historical financial data has not been adjusted for inflation, as a result, these figure are not directly comparable between years.

3.    The Unit Cost per Transaction actual and target values have increased to reflect gender reform amendments to the Births, Deaths and Marriages Registration Act 1999 which took effect from 5 September 2019.

4.    The 2018‑19 increase is as a result of improvements in data recording processes in the Legal Aid Tasmania Call Centre.

5.    The Legal Talk service commenced in April 2018, therefore the 2017‑18 actual reflects the part‑year performance.

6.    In 2018‑19, 52 of the 179 complaints were made by one person, as were 24 of the 166 complaints in 2019‑20.

7.    The variation in sessions delivered in 2019‑20 and the target in 2020‑21 is attributed to the cessation of face‑to‑face engagement due to the COVID‑19 restrictions introduced in March 2020. There is an expectation that training delivered in 2020‑21 will increase, with new training targets set in August 2020.

8.    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. The 2018‑19 actual includes the periodic Legislative Council elections for the divisions of Montgomery, Nelson and Pembroke. The 2020 Legislative Council elections for Huon and Rosevears were delayed until August 2020, and will be included in 2020‑21. Costs for this will increase as a result of the delay and additional resources required to manage the elections during the COVID‑19 pandemic. 

9.    The overlap of the 2019 periodic Legislative Council elections and the Federal Election may have affected voter turnout and resulted in an increase in costs due to the need for an increased public awareness campaign.

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

11.  Assessment of claims began during 2019‑20.

12.  The House of Assembly Election Participation Rate and 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 for 2018‑19 are taken from chapter 7 Courts, of the Productivity Commission’s Report on Government Services 2020. Figures for 2019‑20 have not yet been released.

Explanations of indicators are as follows:

·       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. There were a total of 688 non‑appeal matters pending as at 30 June 2020, of which 195 (or 28.3 per cent) were between 12 months and 24 months old. There were a total of 19 appeal matters pending at 30 June 2020, of which 4 (or 21.1 per cent) were between 12 months and 24 months old (with there being no pending matters in excess of 24 months). However, it should be noted that no interstate Australian jurisdiction achieved this 10 per cent target in 2018‑19, with the national average being 25.3 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 in 2019‑20 were 647, having increased by 44 per cent since 2015‑16, criminal finalisations have increased by 37 per cent during the same period.

The Court is implementing a range of strategies to reduce the backlog, such as:

·       allocate additional judicial time;

·       adopt more active case management focussing on older cases;

·       streamline processes for bail applications; 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, Legal Aid Tasmania and the private legal profession. Management of caseloads and further reduction in the criminal backlog will be assisted by the appointment of a seventh permanent judge (due to commence duties in July 2021).

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. Total lodgements for 2019‑20 reduced by 10 per cent to 543, while finalisations increased by three per cent to 733.

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 decreased by 2.3 and 14 per cent respectively from 2018‑19. Expenditure has remained fairly steady during this period, but the cost per finalisation has increased due to the decrease in finalisations. As a result of the decrease in finalisations outweighing the decrease in lodgements, the backlog of adult criminal cases over six months old has increased 2.5 per cent to 38.5 per cent since 2018‑19.


 

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. In 2019‑20, lodgements decreased by 6.8 per cent in relation to the 2018‑19 figure. While the number of pending cases in the Youth Justice division has increased slightly on 2018‑19, the percentage of cases between six and twelve months old has decreased by 5.7 per cent and those older than twelve months have increased by 0.9 per cent.

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

The Coronial Division caseload increased by 13.4 per cent in 2019‑20 and finalisations also increased from 568 to 722 in 2018‑19 and 2019‑20. This is partly due to a focus on completing cases that did not require an inquest during the peak of the COVID‑19 pandemic when inquests were suspended. The net operating expenditure per finalisation in the Coronial Division is 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 increase in unit cost per transaction for 2019‑20 can be mainly attributed to the implementation of gender reform changes. The target for 2020‑21 has been adjusted to reflect increased operational costs, including staffing and ICT support and maintenance.

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, to ensure the public can have confidence that Registry records are accurate and reliable.

Legal Aid

Legal Aid Tasmania, 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 Legal Aid Tasmania’s website. Legal Aid Tasmania publishes guidelines relating to the types of matters where aid is granted. This indicator reflects the volume of work undertaken by Legal Aid Tasmania.

Legal Aid Tasmania provides duty lawyer services on a daily basis at the Magistrate Court 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 Legal Aid Tasmania.

Legal Aid Tasmania 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 Legal Aid Tasmania. Legal Aid Tasmania 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 Legal Aid Tasmania.

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 Anti‑Discrimination Commissioner’s office and to some extent reflects levels of awareness of the Anti‑Discrimination Act 1998 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 Tasmanian 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 1993). 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 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

2017‑18 Actual

2018‑19 Actual

2019‑20 Actual

2020‑21 Target

 

 

 

 

 

 

Crown Law

 

 

 

 

 

Notionally chargeable time

%

68

75

75

60

Number of new matters1

File

1 809

1 741

1 621

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

2017‑18 Actual

2018‑19 Actual

2019‑20 Actual1

2020‑21 Target

 

 

 

 

 

 

Prison Services

 

 

 

 

 

Percentage of prisoners returning to corrective services within two years of release2

%

55.5

56.0

56.6

48.0

Prison Escape Rate ‑ Secure Perimeter

Number per 100 prisoners

.... 

.... 

0.46 

.... 

Prison Escape Rate ‑ Open Perimeter

Number per 100 prisoners

.... 

.... 

.... 

<2

Cost per Prisoner per day3,4

$

305

312

335

346

 

 

 

 

 

 

Community Corrective Services

 

 

 

 

 

Completion rate for community supervision orders5

%

86.9

87.4

82.6

86.0

Cost per Community Supervised Offender per day4,6

$

16.0

20.6

21.7

23

Percentage of Community Corrections offenders returning to corrective services within two years of discharge2

%

23.6

28.8

27.1

22.0

 

 

 

 

 

 

Enforcement of Monetary Penalties

 

 

 

 

 

Fine Collection Rate7

%

96

95

126

95

Debt Finalisation Rate

%

115

107

130

100

 

 

 

 

 

 

Notes:

1.    Figures for 2019‑20 are preliminary.

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

3.    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.

4.    Historical financial data has not been adjusted for inflation, as a result, these figure are not directly comparable between years.

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

6.    The increase in 2019‑20 is due to the full year operation of the home detention and electronic monitoring sentencing option, which commenced in March 2019.

7.    The 2017‑18 Actual has been revised to be consistent with updated figures reported in the Department’s 2019‑20 Annual Report.

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 2020 chapter 8 Corrective Services and the Justice sector overview. Figures for 2019‑20 have not yet been released.


 

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 2020, and refer to offenders released from prison or completing sentences with Community Corrections in 2016‑17. 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, gas fitters 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

2017‑18 Actual

2018‑19 Actual

2019‑20 Actual

2020‑21 Target

 

 

 

 

 

 

 

 

 

 

 

 

WorkSafe Tasmania

Claims per 1 000 employees

12.8

14.6

15.0

11.0

Safety of Workers ‑ rates of serious injury1,2

Returned to Work1,3

Rate

94

79

79

90

Workers' Compensation Premium as a percentage of Wages1,4

Rate

1.80

2.04

2.09

1.75‑2.75

 

 

 

 

 

 


Consumer, Building and Occupational Services

 

 

 

 

 

Consumer complaints resolved within 60 days

%

81.0

85.9

96.9

95.0

Rental bond claims paid within 30 days

%

90.0

90.2

87.0

90.0

Number of matters resolved prior to final compliance action

%

94.0

96.9

99.7

95.0

Number of assessments made within 21 days

%

91.0

94.1

88.0

95.0

New WWVP applicants receipt of decisions within six weeks

%

93.0

93.0

83.0

95.0

 

 

 

 

 

 

Notes:

1.    The data stored in the WorkCover Information System can change over time as adjustments are made by insurers to the workers’ compensation data received. For example, changes or updates to reported worker numbers, changes to claim details and reported lost time.

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 30.0 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 2020‑21 target has 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

Table 6.6 reports actual and target data for efficiency and effectiveness indicators and is compiled from data sourced from the WorkCover Information System.

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 No 1.

Table 6.7:         Capital Investment Program

 

Estimated

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

Total

 

Forward 

Forward 

Forward 

 

Cost 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

COVID‑19 Response and Recovery Measures

 

 

 

 

 

 

 

 

 

 

 

Attorney‑General and Minister for Justice

 

 

 

 

 

Video Conferencing and Recording1

1 800 

900 

900 

.... 

.... 

 

 

 

 

 

 

New Infrastructure Commitments

 

 

 

 

 

 

 

 

 

 

 

Attorney‑General and Minister for Justice

 

 

 

 

 

Justice Connect ‑ Stage 3 (Single Tribunal)1,2

....

.... 

.... 

.... 

.... 

 

 

 

 

 

 

Minister for Building and Construction

 

 

 

 

 

Real Time Fuel Price Monitoring1

300 

300

.... 

.... 

.... 

 

 

 

 

 

 

Existing Infrastructure Commitments

 

 

 

 

 

 

 

 

 

 

 

Attorney‑General and Minister for Justice

 

 

 

 

 

Burnie Court Complex3

15 000

2 900 

5 900 

5 611 

.... 

Justice Connect2

....

.... 

.... 

.... 

.... 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

New Northern Prison

270 000 

4 200 

7 800 

32 600 

66 500 

New Southern Remand Centre4

85 000 

38 400 

41 500 

.... 

.... 

Risdon Prison Shared Facilities Upgrade

9 340 

.... 

9 340 

.... 

.... 

 

 

 

 

 

 

Total CIP Allocations

 

46 700 

65 440 

38 211 

66 500 

 

 

 

 

 

 

Notes:

5.    Project descriptions are provided in the Key Deliverables section at the commencement of this chapter.

6.    Justice Connect and Justice Connect ‑ Stage 3 (Single Tribunal) will be funded from the Digital Transformation Priority Expenditure Program within Finance‑General.

7.    Funding of $5.9 million from the existing $15 million allocation has been brought forward to 2021‑22 to progress the relocation earlier than originally scheduled.

8.    Additional funding of $15 million relates to an increase in 2021‑22, taking the total commitment for the New Southern Remand Centre from $70 million to $85 million.


 

Burnie Court Complex

Funding of $15 million has been provided to redevelop the former University of Tasmania site at Mooreville Road for the Burnie Magistrates and Supreme Courts. 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.

The University’s relocation, scheduled for 2021, provides an opportunity for the Courts to take over this site and develop new fit‑for‑purpose facilities that will enable the efficient and accessible administration of justice in Burnie into the future.

In early June 2020, the Government announced that $5.9 million of funding for the refurbishment project would be brought forward to progress the relocation earlier than originally scheduled.

Over the coming months the Government will be consulting on how to maximise the benefits of the availability of the new site. This will involve working closely with stakeholders to ensure that the new facility meets the needs of the Courts, court users and the community.

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 tender process resulting in the appointment of a consortium led by Fujitsu in partnership with Journal Technologies, Syscon Justice Systems and Synateq.

The new solution will replace out‑dated paper‑based and manual processes across the courts and correctional environments that can cause delays for people interacting with the Tasmanian justice system.

The IT solution, ‘Astria’ 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).

Work has initially commenced on the development of a minimum viable product, which is currently due to be completed in March 2021, with further development to be undertaken following the success of that work.

New Northern Prison

Funding of $270 million over 10 years has been allocated to commence construction of a new Northern Prison.

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.

Following consultation with the residents of Westbury and the broader Meander Valley community, the previously preferred site will no longer be pursued. Instead, a new Crown land site has been identified which is further along Birralee Road and 5.2 kilometres from the Westbury town centre.

New Southern Remand Centre

Funding of $85 million has been provided to build a new remand facility on the Risdon Prison site.

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

Preliminary works for the New Southern Remand Centre have been completed and works associated with Early Works Package 1 are now progressing. This includes construction of the external perimeter wall, internal roads, trenching and spoil removal. The next package of work will include in ground services, ground floor slabs and secure doors and windows.

It is expected that construction of the New Southern Remand Centre will be completed late in 2021.

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, enabling economies of scale to be achieved by having a consistent project team, contractors and specialist consultants.


 

Detailed Budget Statements

Table 6.8:         Statement of Comprehensive Income

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Revenue and other income

 

 

 

 

 

Appropriation revenue - operating1

187 936 

202 108 

210 759 

214 893 

218 721 

Appropriation revenue - capital2

19 225 

39 000 

65 440 

38 211 

66 500 

Other revenue from government3

.... 

8 450 

.... 

.... 

.... 

Grants4

10 661 

31 454 

26 415 

22 316 

12 564 

Sales of goods and services

4 073 

4 523 

4 599 

4 666 

4 734 

Fees and fines

9 321 

9 355 

9 501 

9 610 

9 620 

Interest

891 

930 

949 

968 

987 

Other revenue5

7 692 

8 244 

9 156 

12 060 

9 450 

Total revenue

239 799 

304 064 

326 819 

302 724 

322 576 

Total income

239 799 

304 064 

326 819 

302 724 

322 576 

 

 

 

 

 

 

Expenses

 

 

 

 

 

Employee benefits6

132 850 

144 105 

151 535 

154 456 

157 153 

Depreciation and amortisation7

12 975 

8 120 

9 120 

9 820 

9 820 

Supplies and consumables8

38 832 

52 075 

48 440 

52 125 

51 346 

Grants and subsidies9

17 516 

26 092 

23 122 

22 841 

23 390 

Borrowing costs

333 

670 

666 

661 

655 

Other expenses10

26 162 

25 903 

25 272 

25 367 

24 454 

Total expenses

228 668 

256 965 

258 155 

265 270 

266 818 

 

 

 

 

 

 

Net result

11 131 

47 099 

68 664 

37 454 

55 758 

 

 

 

 

 

 

Comprehensive result

11 131 

47 099 

68 664 

37 454 

55 758 

 

 

 

 

 

 

Notes:

1.    The increase in Appropriation revenue ‑ operating primarily reflects new funding for initiatives detailed in Table 6.1 Key Deliverables Statement.

2.    The increase in Appropriation revenue ‑ capital in 2020‑21 and 2021‑22 primarily reflects cash flow profiles for planned capital projects. See Table 6.7 Capital Investment Program for further information.

3.    Other revenue from government reflects rollovers of unexpended appropriation from 2019-20 authorised in accordance with the Financial Management Act 2016.

4.    The increase in Grants revenue primarily reflects the finalisation of the National Legal Assistance Partnership Agreement with the Australian Government (2020‑21 to 2024‑25), and funding from Finance‑General for maintenance works under the Public Building Maintenance Program and for the Justice Connect project.

5.    The increase in Other revenue in 2022‑23 reflects the 2022 Local Government Elections.

6.    The increase in Employee benefits primarily reflects additional funding for Crown Law Legal Risk Management, Southern Remand Centre ‑ Operational Funding and Tasmanian Prison Services ‑ Increasing Demand and Cost Pressures.

7.    The decrease in Depreciation and amortisation in 2020‑21 reflects a change in the accounting treatment for the recognition of leases. Further information on this change is provided in chapter 1 of this Budget Paper. The increase from 2021‑22 reflects the inclusion of depreciation for the New Southern Remand Centre.

8.    The increase in Supplies and consumables in 2020‑21 reflects a change in the accounting treatment for the recognition of leases and maintenance expenditure as part of the Public Building Maintenance Program. The increase in 2022‑23 relates to the 2022 Local Government Elections.

9.    The increase in Grants and subsidies reflects the legal assistance payments in accordance with the National Legal Assistance Partnership Agreement with the Australian Government (2020‑21 to 2024‑25), Rent Relief Fund and Legal Assistance Sector Continuation of Funding.

10.  The decrease in Other expenses in 2020‑21 is due to the completion of non‑capital PlanBuild expenditure, partially offset by the rollover of unexpended appropriation from 2019‑20 for the Redress Scheme for Institutional Child Sexual Abuse.

Table 6.9:         Statement of Comprehensive Income - Administered

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Administered revenue and other income

 

 

 

 

 

Sales of goods and services

17 

17 

17 

17 

17 

Fees and fines

25 243 

25 281 

25 279 

25 279 

25 279 

Interest

151 

154 

156 

158 

160 

Other revenue

16 450 

16 955 

17 479 

18 022 

18 561 

Total administered revenue

41 861 

42 407 

42 931 

43 476 

44 017 

Total administered income

41 861 

42 407 

42 931 

43 476 

44 017 

 

 

 

 

 

 

Administered expenses

 

 

 

 

 

Employee benefits

3 565 

3 636 

3 707 

3 781 

3 857 

Depreciation and amortisation

109 

109 

109 

109 

31 

Supplies and consumables

3 104 

3 153 

3 175 

3 202 

3 224 

Grants and subsidies

266 

271 

276 

282 

472 

Transfers to the Public Account

22 740 

22 778 

22 776 

22 776 

22 776 

Other expenses

12 747 

12 804 

12 872 

12 878 

12 884 

Total administered expenses

42 531 

42 751 

42 915 

43 028 

43 244 

 

 

 

 

 

 

Administered net result

(670)

(344)

16 

448 

773 

 

 

 

 

 

 

Administered comprehensive result

(670)

(344)

16 

448 

773 

 

 

 

 

 

 


1.     

Table 6.10:       Revenue from Appropriation by Output

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Attorney-General and Minister for Justice

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.1 Supreme Court Services1

7 216 

7 345 

7 693 

7 869 

8 042 

1.2 Magisterial Court Services2

9 296 

10 358 

10 779 

11 011 

11 247 

1.3 Births, Deaths and Marriages

1 079 

1 121 

1 163 

1 196 

1 223 

1.4 Support and Compensation for Victims of Crime

5 442 

5 594 

5 778 

5 905 

6 035 

1.5 Legal Aid3

8 930 

9 020 

9 532 

10 050 

10 351 

1.6 Protective Jurisdictions

3 353 

3 483 

3 574 

3 656 

3 747 

1.7 Equal Opportunity Tasmania

1 484 

1 536 

1 583 

1 622 

1 660 

1.8 Elections and Referendums

688 

716 

736 

757 

774 

1.9 Tasmanian Industrial Commission

1 275 

1 323 

1 360 

1 391 

1 427 

1.12 Child Abuse Royal Commission Response Unit4

9 013 

9 046 

9 070 

9 094 

8 119 

 

47 776 

49 542 

51 268 

52 551 

52 625 

Output Group 2 - Legal Services

 

 

 

 

 

2.1 Crown Law5

6 156 

6 946 

7 124 

7 276 

7 445 

2.2 Legislation Development and Review

1 497 

1 550 

1 599 

1 638 

1 678 

 

7 653 

8 496 

8 723 

8 914 

9 123 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.3 Enforcement of Monetary Penalties

4 159 

4 278 

4 418 

4 520 

4 623 

 

4 159 

4 278 

4 418 

4 520 

4 623 

 

 

 

 

 

 

Capital Investment Program6

.... 

4 100 

6 800 

5 611 

.... 

 

 

 

 

 

 

Operating Services Expenditure

59 588 

62 316 

64 409 

65 985 

66 371 

Capital Services Expenditure

.... 

4 100 

6 800 

5 611 

.... 

 

59 588 

66 416 

71 209 

71 596 

66 371 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

 

 

 

 

 

 

Output Group 3 - Corrections and Enforcement

 

 

 

 

 

3.1 Prison Services7

75 456 

81 996 

87 274 

90 688 

92 828 

3.2 Community Corrective Services

15 724 

16 224 

16 639 

16 985 

17 349 

 

91 180 

98 220 

103 913 

107 673 

110 177 

 

 

 

 

 

 

Capital Investment Program8

18 700 

34 900 

58 640 

32 600 

66 500 

 

 

 

 

 

 


 

Table 6.10:       Revenue from Appropriation by Output (continued)

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Operating Services Expenditure

91 180 

98 220 

103 913 

107 673 

110 177 

Capital Services Expenditure

18 700 

34 900 

58 640 

32 600 

66 500 

 

109 880 

133 120 

162 553 

140 273 

176 677 

 

 

 

 

 

 

Minister for Building and Construction

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.10 Workers Rehabilitation and Compensation Tribunal

302 

316 

324 

334 

341 

 

302 

316 

324 

334 

341 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.1 WorkSafe Tasmania

9 056 

9 414 

9 700 

9 950 

10 206 

4.4 Consumer, Building and Occupational Services

3 768 

4 024 

4 212 

4 344 

4 451 

 

12 824 

13 438 

13 912 

14 294 

14 657 

Output Group 90 - COVID-19 Response and Recovery

 

 

 

 

 

90.3 Rent Relief Fund

.... 

1 250 

.... 

.... 

.... 

 

.... 

1 250 

.... 

.... 

.... 

 

 

 

 

 

 

Operating Services Expenditure

13 126 

15 004 

14 236 

14 628 

14 998 

 

13 126 

15 004 

14 236 

14 628 

14 998 

 

 

 

 

 

 

Minister for Planning

 

 

 

 

 

 

 

 

 

 

 

Output Group 1 - Administration of Justice

 

 

 

 

 

1.11 Resource Management and Planning Appeal Tribunal

1 747 

1 816 

1 882 

1 934 

1 990 

 

1 747 

1 816 

1 882 

1 934 

1 990 

Output Group 4 - Regulatory and Other Services

 

 

 

 

 

4.2 Tasmanian Planning Commission

4 338 

4 488 

4 613 

4 723 

4 836 

4.3 Planning Policy and Reform9

1 284 

1 782 

1 469 

1 396 

1 428 

 

5 622 

6 270 

6 082 

6 119 

6 264 

 

 

 

 

 

 

Capital Investment Program10

525 

.... 

.... 

.... 

.... 

 

 

 

 

 

 

Operating Services Expenditure

7 369 

8 086 

7 964 

8 053 

8 254 

Capital Services Expenditure

525 

.... 

.... 

.... 

.... 

 

7 894 

8 086 

7 964 

8 053 

8 254 


 

Table 6.10:       Revenue from Appropriation by Output (continued)

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Department of Justice

 

 

 

 

 

Total Operating Services Expenditure

171 263 

183 626 

190 522 

196 339 

199 800 

Total Capital Services Expenditure

19 225 

39 000 

65 440 

38 211 

66 500 

 

190 488 

222 626 

255 962 

234 550 

266 300 

 

 

 

 

 

 

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)11

2 682 

4 059 

5 468 

3 559 

3 664 

Expenses under the Legislative Council Electoral Boundaries Act 1995

Salaries of Judges (Supreme Court Act 1887)

3 669 

3 760 

3 956 

4 038 

4 132 

Salaries of Magistrates (Magistrates Court Act 1987)12

5 327 

5 644 

5 771 

5 895 

6 038 

Salary and Travel Allowances, Solicitor-General (Solicitor-General Act 1983)

532 

546 

556 

567 

581 

Salary and Travelling Allowance, Associate Judge of the Supreme Court (Supreme Court Act 1959)

453 

463 

476 

485 

496 

Victims of Crime Assistance Act 1976

4 000 

4 000 

4 000 

4 000 

4 000 

 

16 673 

18 482 

20 237 

18 554 

18 921 

 

 

 

 

 

 

Appropriation Rollover

.... 

8 450 

.... 

.... 

.... 

 

 

 

 

 

 

Total Revenue from Appropriation

207 161 

249 558 

276 199 

253 104 

285 221 

 

 

 

 

 

 

Revenue from Appropriation

207 161 

249 558 

276 199 

253 104 

285 221 

 

207 161 

249 558 

276 199 

253 104 

285 221 

 

 

 

 

 

 

Notes:

1.    The increase in Supreme Court Services reflects funding for the Additional Supreme Court Judge announced in the 2019‑20 Budget.

2.    The increase in Magisterial Court Services reflects funding for Statewide Forensic Pathology Services and the New Magistrate for Southern Tasmania announced in the 2019‑20 Budget.

3.    The increase in Legal Aid from 2020‑21 reflects additional funding for Legal Assistance Sector Continuation of Funding, and Serious Cases Fund ‑ Complex Criminal Trials.

4.    The variation in Child Abuse Royal Commission Response Unit reflects the funding profile of the provision for the Redress Scheme for Institutional Child Sexual Abuse.

5.    The increase in Crown Law reflects additional funding for Crown Law Legal Risk Management.

6.    The increase in Capital Investment Program in 2020‑21 reflects additional funding provided for the Burnie Court Complex, and Video Conferencing and Recording. See Table 6.7 Capital Investment Program for further information.

7.    The increase in Prison Services reflects funding for Tasmanian Prison Services ‑ Increasing Demand and Cost Pressures, and the Southern Remand Centre ‑ Operational Funding.

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

9.    The increase in Planning Policy and Reform in 2020‑21 reflects additional funding for the Metro Plan and Regional Land Use Review.

10.  The decrease in Capital Investment Program in 2020‑21 reflects the completion of capital funding associated with the PlanBuild development, the remainder of this project will be funded through the Australian Government’s Small Business Regulatory Reform Agenda.

11.  The increase in Expenses of Parliamentary Elections and Referendums (Electoral Act 2004 and Referendum Procedures Act 2004) in 2020‑21 reflects the postponement of the Huon and Rosevears Legislative Council Elections as a result of the COVID‑19 pandemic. The variation over the Forward Estimates reflects the next scheduled State Election in 2021‑22.

12.  The increase in Salaries of Magistrates (Magistrates Court Act 1987) reflects the appointment of a New Magistrate for Southern Tasmania announced in the 2019‑20 Budget.

Table 6.11:       Administered Revenue

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

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

227 

229 

229 

229 

229 

Fines

18 125 

18 125 

18 125 

18 125 

18 125 

Magisterial Courts Regulatory Fees

588 

594 

594 

594 

594 

Other Regulatory Fees

708 

713 

713 

713 

713 

Other Revenue

40 

40 

40 

40 

40 

Other Sales of Services

Registrar-General Regulatory Fees

1 961 

1 981 

1 981 

1 981 

1 981 

Supreme Court Regulatory Fees

1 084 

1 089 

1 087 

1 087 

1 087 

 

22 740 

22 778 

22 776 

22 776 

22 776 

 

 

 

 

 

 

Agency Revenue

 

 

 

 

 

Fines

2 550 

2 550 

2 550 

2 550 

2 550 

Interest income

151 

154 

156 

158 

160 

Other Revenue

16 410 

16 915 

17 439 

17 982 

18 521 

Other Sales of Services

10 

10 

10 

10 

10 

 

19 121 

19 629 

20 155 

20 700 

21 241 

 

 

 

 

 

 

Total Administered Revenue

41 861 

42 407 

42 931 

43 476 

44 017 

 

 

 

 

 

 


 

Table 6.12:       Administered Expenses

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Grants and Subsidies

 

 

 

 

 

Asbestos Compensation Fund1

7 695 

7 682 

7 662 

7 582 

7 686 

Workcover Tasmania Board

9 596 

9 791 

9 977 

10 170 

10 282 

 

17 291 

17 473 

17 639 

17 752 

17 968 

 

 

 

 

 

 

Transfer to the Public Account

22 740 

22 778 

22 776 

22 776 

22 776 

 

 

 

 

 

 

Other Administered Expenses

2 500 

2 500 

2 500 

2 500 

2 500 

 

 

 

 

 

 

Total Administered Expenses

42 531 

42 751 

42 915 

43 028 

43 244 

 

 

 

 

 

 

Note:

1.    The variation in Asbestos Compensation Fund reflects 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

 

2020 

2021 

2022 

2023 

2024 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Assets

 

 

 

 

 

Financial assets

 

 

 

 

 

Cash and deposits1

24 316 

19 611 

19 008 

18 405 

17 802 

Receivables1

1 162 

1 021 

1 046 

1 071 

1 096 

 

25 478 

20 632 

20 054 

19 476 

18 898 

 

 

 

 

 

 

Non-financial assets

 

 

 

 

 

Inventories1

552 

640 

640 

640 

640 

Property, plant and equipment2

157 018 

181 653 

239 291 

269 000 

326 998 

Intangibles3

5 035 

18 960 

31 300 

40 340 

39 380 

Other assets4

23 523 

17 415 

17 057 

16 699 

16 341 

 

186 128 

218 668 

288 288 

326 679 

383 359 

 

 

 

 

 

 

Total assets

211 606 

239 300 

308 342 

346 155 

402 257 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

Payables1

3 586 

4 022 

4 119 

4 216 

4 313 

Interest bearing liabilities4

17 228 

9 589 

9 417 

9 226 

9 020 

Employee benefits1

29 955 

30 759 

31 175 

31 591 

32 007 

Other liabilities1

73 

74 

111 

148 

185 

Total liabilities

50 842 

44 444 

44 822 

45 181 

45 525 

 

 

 

 

 

 

Net assets (liabilities)

160 764 

194 856 

263 520 

300 974 

356 732 

 

 

 

 

 

 

Equity

 

 

 

 

 

Reserves

52 564 

52 564 

52 564 

52 564 

52 564 

Accumulated funds

108 200 

142 292 

210 956 

248 410 

304 168 

Total equity

160 764 

194 856 

263 520 

300 974 

356 732 

 

 

 

 

 

 

Notes:

1.    The variation in Cash and deposits, Receivables, Inventories, Payables, Employee benefits and Other liabilities in 2021 reflect revised estimates based on 30 June 2019 actuals.

2.    The variation 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 reflects the timing of the Justice Connect and PlanBuild programs, partially offset by annual amortisation charges.

4.    The decrease, in 2020‑21, reflects a change in the accounting treatment for the recognition of leases, offset by the rollover of unexpended appropriation for a number of initiatives from 2019‑20 approved in accordance with the Financial Management Act 2016.


 

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

 

2020 

2021 

2022 

2023 

2024 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Assets

 

 

 

 

 

Financial assets

 

 

 

 

 

Cash and deposits1

21 925 

23 804 

23 939 

24 506 

25 320 

Receivables2

109 624 

108 730 

103 744 

98 758 

93 772 

 

131 549 

132 534 

127 683 

123 264 

119 092 

 

 

 

 

 

 

Non-financial assets

 

 

 

 

 

Intangibles3

366 

249 

140 

31 

.... 

 

366 

249 

140 

31 

.... 

 

 

 

 

 

 

Total assets

131 915 

132 783 

127 823 

123 295 

119 092 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

Payables4

3 676 

3 299 

3 302 

3 305 

3 308 

Provisions2

75 809 

74 334 

69 348 

64 362 

59 376 

Employee benefits

886 

868 

874 

880 

886 

Other liabilities

Total liabilities

80 373 

78 503 

73 527 

68 551 

63 575 

 

 

 

 

 

 

Net assets (liabilities)

51 542 

54 280 

54 296 

54 744 

55 517 

 

 

 

 

 

 

Equity

 

 

 

 

 

Accumulated funds

51 542 

54 280 

54 296 

54 744 

55 517 

Total equity

51 542 

54 280 

54 296 

54 744 

55 517 

 

 

 

 

 

 

Notes:

1.    The increase in Cash and deposits in 2021 reflects revised estimates based on 30 June 2019 actuals.

2.    The decrease in Receivables and Provisions in 2021 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 decrease in Payables in 2021 reflects revised estimates based on 30 June 2019 actuals.

 


 

Table 6.15:       Statement of Cash Flows

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Cash flows from operating activities

 

 

 

 

 

Cash inflows

 

 

 

 

 

Appropriation receipts - operating1

187 936 

202 108 

210 759 

214 893 

218 721 

Appropriation receipts - capital2

19 225 

39 000 

65 440 

38 211 

66 500 

Appropriation receipts - other

.... 

8 450 

.... 

.... 

.... 

Grants3

10 661 

31 454 

26 415 

22 316 

12 564 

Sales of goods and services

4 048 

4 498 

4 574 

4 641 

4 709 

Fees and fines

9 321 

9 355 

9 501 

9 610 

9 620 

GST receipts4

5 700 

4 000 

7 430 

7 460 

7 490 

Interest received

891 

930 

949 

968 

987 

Other cash receipts5

7 692 

8 244 

9 156 

12 060 

9 450 

Total cash inflows

245 474 

308 039 

334 224 

310 159 

330 041 

 

 

 

 

 

 

Cash outflows

 

 

 

 

 

Employee benefits6

(117 887)

(127 939)

(134 588)

(137 206)

(139 615)

Superannuation6

(14 513)

(15 716)

(16 497)

(16 800)

(17 088)

Borrowing costs7

(333)

(670)

(666)

(661)

(655)

GST payments4

(5 700)

(4 000)

(7 430)

(7 460)

(7 490)

Grants and subsidies8

(17 516)

(26 092)

(23 122)

(22 841)

(23 390)

Supplies and consumables9

(38 732)

(51 947)

(48 340)

(52 025)

(51 246)

Other cash payments10

(26 162)

(25 903)

(25 272)

(25 367)

(24 454)

Total cash outflows

(220 843)

(252 267)

(255 915)

(262 360)

(263 938)

 

 

 

 

 

 

Net cash from (used by) operating activities

24 631 

55 772 

78 309 

47 799 

66 103 

 

 

 

 

 

 

Cash flows from investing activities

 

 

 

 

 

Payments for acquisition of non-financial assets2

(20 925)

(57 800)

(78 740)

(48 211)

(66 500)

Net cash from (used by) investing activities

(20 925)

(57 800)

(78 740)

(48 211)

(66 500)

 

 

 

 

 

 

Cash flows from financing activities

 

 

 

 

 

Net borrowings7

(5 039)

(158)

(172)

(191)

(206)

Net cash from (used by) financing activities

(5 039)

(158)

(172)

(191)

(206)

 

 

 

 

 

 

Net increase (decrease) in cash and cash equivalents held

(1 333)

(2 186)

(603)

(603)

(603)

 

 

 

 

 

 

Cash and deposits at the beginning of the reporting period

25 649 

21 797 

19 611 

19 008 

18 405 

Cash and deposits at the end of the reporting period

24 316 

19 611 

19 008 

18 405 

17 802 

 


 

Notes:

1.    The increase in Appropriation receipts ‑ operating primarily reflects new funding for initiatives detailed in Table 6.1 Key Deliverables Statement.

2.    The increase in Appropriation receipts ‑ capital, and Payments for acquisitions of non‑financial assets in 2020‑21 and 2021‑22 primarily reflects funding for the New Southern Remand Centre, while the increase in 2022‑23 and 2023‑24 reflects funding for the New Northern Prison. See Table 6.7 Capital Investment Program for further information.

3.    The increase in Grants primarily reflects the finalisation of the National Legal Assistance Partnership Agreement with the Australian Government (2020‑21 to 2024‑25), and funding from the State Government for maintenance works under the Public Building Maintenance Program and for Justice Connect (which was provided through Finance‑General).

4.    GST receipts and GST payments reflect approved 2020‑21 Specific Purpose Account estimates and actual activity as reported in the Department’s 2019‑20 financial statements.

5.    The increase in Other cash receipts in 2022‑23 reflects the 2022 Local Government Elections.

6.    The increases in Employee benefits and Superannuation primarily reflect additional funding for Crown Law Legal Risk Management, Southern Remand Centre ‑ Operational Funding, and Tasmanian Prison Services ‑ increasing Demand and Cost Pressures.

7.    The variation in Borrowing costs and Net borrowings in 2020‑21 reflects a change in the accounting treatment for the recognition of leases. Further information on this change is provided in chapter 1 of this Budget Paper.

8.    The increase in Grants and subsidies reflects the legal assistance payments in accordance with the National Legal Assistance Partnership Agreement with the Australian Government (2020‑21 to 2024‑25), Rent Relief Fund and Legal Assistance Sector Continuation of Funding.

9.    The increase in Supplies and consumables in 2020‑21 reflects a change in the accounting treatment for the recognition of leases and the receipt of additional funding under the Public Building Maintenance Program. The increase in 2022‑23 relates to the 2022 Local Government Elections.

10.  The decrease in Other cash payments in 2020‑21 is due to the completion of non‑capital PlanBuild expenditure, partially offset by the rollover of appropriation unexpended appropriation from 2019‑20 for the Redress Scheme for Institutional Child Sexual Abuse.

 


 

Table 6.16:       Statement of Cash Flows - Administered

 

2019‑20 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

 

 

 

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

25 243 

25 281 

25 279 

25 279 

25 279 

Interest received

151 

154 

156 

158 

160 

Other cash receipts

16 450 

16 955 

17 479 

18 022 

18 561 

Total cash inflows

41 861 

42 407 

42 931 

43 476 

44 017 

 

 

 

 

 

 

Cash outflows

 

 

 

 

 

Employee benefits

(3 157)

(3 220)

(3 283)

(3 348)

(3 415)

Superannuation

(402)

(410)

(418)

(427)

(436)

Grants and subsidies

(266)

(271)

(276)

(282)

(472)

Transfer to the Public Account

(22 740)

(22 778)

(22 776)

(22 776)

(22 776)

Supplies and consumables

(3 101)

(3 150)

(3 172)

(3 199)

(3 221)

Other cash payments

(12 746)

(12 803)

(12 871)

(12 877)

(12 883)

Total cash outflows

(42 412)

(42 632)

(42 796)

(42 909)

(43 203)

 

 

 

 

 

 

Net cash from (used by) operating activities

(551)

(225)

135 

567 

814 

 

 

 

 

 

 

Net increase (decrease) in cash and cash equivalents held

(551)

(225)

135 

567 

814 

 

 

 

 

 

 

Cash and deposits at the beginning of the reporting period

22 476 

24 029 

23 804 

23 939 

24 506 

Cash and deposits at the end of the reporting period

21 925 

23 804 

23 939 

24 506 

25 320