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 Workplace Safety and Consumer Affairs, Hon Elise Archer MP; and the Minister for Local Government and Planning, Hon Roger Jaensch MP.

The Department provides administrative support for: the Supreme and Magistrates Courts; Tasmanian Industrial Commission; Tasmania Legal Aid; Tasmanian Electoral Commission; Tasmanian Civil and Administrative Tribunal from 1 November 2021 (Guardianship and Administration Board; Mental Health Tribunal; Workers Rehabilitation and Compensation Tribunal; and Resource Management and Planning Appeal Tribunal until 31 October 2021); WorkCover Tasmania Board; Asbestos Compensation Commissioner; Parole Board of Tasmania; 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; Safe at Home; and Corporate Support and Strategy.

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 2021‑22 and over the Forward Estimates (2022‑23 to 2024‑25). Further information on the Department is available at www.justice.tas.gov.au.

 

Key Deliverables

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

 

2021‑22

 

Budget

2022‑23

Forward

Estimate

2023‑24

Forward

Estimate

2024‑25

Forward

Estimate

 

$'000

$'000

$'000

$'000

Election Commitments

 

 

 

 

Children and Young People Legal Representation ‑ North and North West

80

80

80

80

Family Violence Electronic Monitoring

1 400

1 000

....

....

Increased Prison Therapeutic Staff

500

500

....

....

Legal Assistance Sector Support

2 200

2 200

2 200

2 200

Primary Producer Safety Rebate Scheme

500

500

500

500

Prison Body Scanning Technology

....

1 300

....

....

Reduce Re‑offending Program

496

496

496

....

Regional Land Use Strategies

950

1 000

1 500

....

 

 

 

 

 

Other Initiatives

 

 

 

 

Acting Judges1

1 276

1 276

....

....

Additional Magistrate2

956

956

956

956

Burnie Court Complex3

....

12 500

12 500

....

Commission of Inquiry - Conduct4

8 363

1 222

....

....

Commission of Inquiry - Whole-of-Government Response Unit

1 642

....

....

....

Contribution to Tasmanian Residential Rental Property Owners (TRRPO) Association

50

50

....

....

COVID‑19 Response ‑ Additional Inspections

750

....

....

....

Legal Risk Management to Support the Government’s Infrastructure Program

1 000

1 400

1 400

1 400

Police Out of Courts (Burnie Court)5

4 029

3 029

3 029

3 029

Property Agents Board

552

....

....

....

Resourcing for Planning Reforms

700

....

....

....

Risdon Prison ‑ Critical Infrastructure Maintenance

1 500

2 510

2 510

2 510

Safe at Home Family Violence Service System6

1 419

....

....

....

Tasmania Prison Service ‑ Demand Pressures

4 000

4 000

4 000

4 000

 

 

 

 

 

Notes:

1.    The cost of this initiative includes judges salary costs of $428 000 per annum, which are provided for under the Supreme Court Act 1887.

2.    The cost of this initiative includes Magistrate salary costs $345 000 per annum, which are provided for under the Magistrates Court Act 1987.

3.    Additional capital funding of $25 million has been allocated for the Burnie Court Complex, taking total project funding to $40 million.

4.    This allocation reflects the estimated costs and expenses of the conduct of the Commission of Inquiry into the Tasmanian Government’s responses to child sexual abuse in institutional settings, which are provided for under the Commissions of Inquiry Act 1995.  

5.    This initiative includes funding of $1 million in 2021‑22 for the purchase of a new Prisoner Transport Vehicle and upgrades to the existing Burnie Court Complex.

6.    Safe at Home Family Violence Service System initiative includes funding for projects that will be delivered by the Department of Communities Tasmania ($241 000) and the Department of Police, Fire and Emergency Management ($267 000).

Election Commitments

Children and Young People Legal Representation ‑ North and North West

This initiative will provide children and young people in the North and North West access to legal representation when appearing in courts after‑hours. This initiative will include access to a lawyer, rostered to appear for children and young people, appearing before after‑hours court in Burnie, Devonport and Launceston.

Family Violence Electronic Monitoring

This initiative will continue Tasmania’s electronic monitoring of high‑risk family violence perpetrators. The recent trial demonstrated increased safety to victims, an 82 per cent reduction in high‑risk incidents, and increased accountability from perpetrators.

Increased Prison Therapeutic Staff

This initiative will increase the number of therapeutic employees within the prison. An additional five therapeutic staff will be recruited for a two‑year period to provide increased drug and alcohol intervention therapeutic support in Tasmania’s prisons.

Legal Assistance Sector Support

This initiative will provide additional funding to the Legal Assistance Sector to continue to provide free or low‑cost legal services to Tasmanians who need the extra help.

Primary Producer Safety Rebate Scheme

This initiative will provide cash‑back rebates to farmers that implement safety measures that help reduce work‑related injuries and deaths in farming.

Prison Body Scanning Technology

This initiative will introduce body scanning technology in the Hobart and Launceston Reception Prisons, and Risdon Prison, in addition to the Ashley Detention Centre (operated by the Department of Communities Tasmania). This introduction of body scanning technology will minimise personal searches and stop potentially harmful items such as drugs and weapons from entering the prison.

Reduce Re‑offending Program

This initiative will deliver programs designed to reduce re‑offending by prisoners, in partnership with key organisations. These programs include:

·       Australian Red Cross Community Based Health First Aid (CBHFA) program ‑ Prisoners will train to become Special Status Red Cross Volunteers, which will empower them to improve health, wellbeing and safety within the prison population;

·       Connect 42 Just Time Prison Parenting program ‑ This program teaches parent‑child attachment skills to prisoners and helps to break the cycle of offending; and

·       Dress for Success Hobart Welcome Back(pack) initiative ‑ This initiative supports women exiting prison by providing clothing, toiletries, and support to write job applications and prepare for job interviews. This program aims to build women’s confidence and resilience in looking for employment post release.

Regional Land Use Strategies

This initiative will ensure comprehensive reviews of Tasmania’s three regional land use strategies are conducted. This includes:

·       Living on the Coast ‑ The Cradle Coast Regional Land Use Planning Framework;

·       Northern Tasmania Regional Land Use Strategy; and

·       Southern Tasmania Regional Land Use Strategy.

Other Initiatives

Acting Judges

This initiative provides for the appointment of three acting judges within the Supreme Court. This funding covers the additional salary and related costs of the acting judges as part of the Government’s plan to provide access to justice and reduce court backlogs, in partnership with the appointment of the seventh Judge. This includes funding for Supreme Court operations.

Additional Magistrate

This initiative provides for the appointment of an additional magistrate to address existing demand pressures and reduce the criminal court backlog by hearing and finalising more cases. The new magistrate will be stationed in Hobart where the majority of the caseload is located, but will also be required to travel statewide, in order to assist in other registries where the caseload is also very high. This funding allocation will also cover appropriate administrative support and court security is provided to maximise the efficiency of the new magistrate.

Burnie Court Complex

This additional funding will support the development of the Mooreville Road site into a contemporary court complex for the North West Region. This initiative increases the total funding available for the Burnie Court Complex project from $15 million to $40 million. Further information in relation to the Burnie Court Complex can be found in the Capital Investment Program section of this chapter.

Commission of Inquiry - Conduct

This allocation reflects the estimated costs and expenses of the conduct of the Commission of Inquiry into the Tasmanian Government’s responses to child sexual abuse in institutional settings. The Commission was established by Order of the Governor on 15 March 2021 and is required to submit its final report and recommendations not later than 31 August 2022. The Commission is a separate entity to the Department of Justice, and is funded through a new, separate output of the Department. The funding for the conduct of the Commission is Reserved by Law under Section 39 of the Commissions of Inquiry Act 1995.

Commission of Inquiry - Whole‑of‑Government Response Unit

This initiative will establish a Commission of Inquiry Response Unit within the Department to support the coordinated Government response to the Commission of Inquiry into the Tasmanian Government’s responses to child sexual abuse in institutional settings.

Contribution to Tasmanian Residential Rental Property Owners (TRRPO) Association

This initiative will provide support to the Tasmanian Residential Rental Property Owners (TRRPO) Association to enable the Association to provide additional assistance to Tasmania’s rental owners.

COVID‑19 Response ‑ Additional Inspections

This initiative provides for WorkSafe Tasmania to undertake additional COVID‑19 inspections. The COVID‑19 Inspectors inspect businesses on a risk basis for continued compliance with their COVID‑19 Safety Plans across the State.

Legal Risk Management to Support the Government’s Infrastructure Program

This initiative will enable Crown Law to deliver legal services to agencies and support the delivery of the Government’s infrastructure investment program and digital transformation priority initiatives through a specialist Infrastructure Unit. The Unit will comprise specialist staff dedicated to providing agencies with expert advice and support.

Police Out of Courts (Burnie Court)

This initiative will deliver a prisoner transport and court security model to remove Tasmania Police from court security duties in the Burnie Supreme Court as per the Government’s 100 Day Plan. This will include the purchase of a new Prisoner Transport Vehicle and upgrades to the existing Burnie Court Complex.

Property Agents Board

This initiative will provide support to the Property Agents Board to enable it to maintain its core regulatory functions.

Resourcing for Planning Reform

This initiative provides additional resources to maintain existing planning reforms and progress new reforms. Three phases of planning reforms will be undertaken to deliver a mature Tasmanian Planning System:

·       Phase 1: Introduction of the Tasmanian Planning Scheme (in progress);

·       Phase 2: Establishment of the Tasmanian Planning Policies; and

·       Phase 3: Development of a framework for regional land use strategies.

Risdon Prison ‑ Critical Infrastructure Maintenance

This initiative will upgrade and allow for comprehensive maintenance of critical infrastructure at the Risdon Prison Complex, including equipment replacement.


 

Safe at Home Family Violence Service System

This initiative will address the increased demand for, and support the delivery of Safe at Home, Tasmania’s nationally recognised integrated criminal justice response to family violence. This initiative includes funding for projects that will be delivered by the Department of Communities Tasmania ($241 000) and the Department of Police, Fire and Emergency Management ($267 000).

Tasmania Prison Service ‑ Demand Pressures

This initiative will address increasing demand cost pressures for the Tasmania Prison Service. This funding will assist in addressing correctional staffing cost pressures, particularly correctional overtime, and other costs associated with sustained high prisoner numbers, the impacts of the COVID‑19 pandemic, and a shortage of correctional officers.


 

Output Group Restructure

The 2021‑22 Budget Papers present a new output structure for the Department of Justice. The new structure better aligns the activities of the Department. The following changes have been made:

·       Output 1.4 Support and Compensation for Victims of Crime has been split into Output 1.4 Support and Compensation for Victims of Crime, and a new Output 1.13 Safe at Home.

·       Output 1.5 Legal Aid has been split into Output 1.5 Tasmania Legal Aid and Output 1.6 Legal Assistance.

·       The former Output 1.6 Protective Jurisdictions has been split and transferred into Output 1.10 Tasmanian Civil and Administrative Tribunal (Guardianship Administration Board and Mental Health Tribunal), and Output 1.11 Office of the Public Guardian.

·       The former Output 1.10 Workers’ Rehabilitation and Compensation Tribunal has been renamed and included in Tasmanian Civil and Administrative Tribunal.

·       The former Output 1.11 Resource Management and Planning Appeal Tribunal has been transferred to Output 1.10 Tasmanian Civil and Administrative Tribunal, and Output 1.11 has been renamed Office of the Public Guardian.

·       Output 1.14 Commission of Inquiry has been created.

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.


 

Table 6.2:         Output Group Expense Summary

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

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

14 493 

16 139 

16 439 

15 892 

16 124 

1.2 Magisterial Court Services2

17 982 

19 853 

20 243 

20 639 

20 948 

1.3 Births, Deaths and Marriages

1 741 

1 792 

1 832 

1 862 

1 888 

1.4 Support and Compensation for Victims of Crime3

8 078 

7 785 

7 875 

7 964 

8 045 

1.5 Tasmania Legal Aid4

15 982 

16 748 

16 318 

16 338 

15 948 

1.6 Legal Assistance5

7 676 

8 787 

8 942 

9 096 

9 246 

1.7 Equal Opportunity Tasmania

1 740 

1 791 

1 831 

1 877 

1 907 

1.8 Elections and Referendums6

5 208 

3 877 

7 447 

4 873 

7 657 

1.9 Tasmanian Industrial Commission

1 464 

1 504 

1 540 

1 576 

1 606 

1.10 Tasmanian Civil and Administrative Tribunal3

6 822 

7 793 

7 965 

8 115 

8 228 

1.11 Office of the Public Guardian3

1 059 

1 307 

1 334 

1 365 

1 369 

1.12 Child Abuse Royal Commission Response Unit7

10 103 

10 884 

9 422 

8 438 

8 478 

1.13 Safe at Home3,8

2 397 

3 649 

2 282 

2 333 

2 381 

1.14 Commission of Inquiry9

.... 

8 363 

1 222 

.... 

.... 

 

94 745 

110 272 

104 692 

100 368 

103 825 

Output Group 2 ‑ Legal Services

 

 

 

 

 

2.1 Crown Law10

8 017 

9 124 

9 655 

9 864 

10 017 

2.2 Legislation Development and Review

1 603 

1 666 

1 709 

1 756 

1 792 

 

9 620 

10 790 

11 364 

11 620 

11 809 

Output Group 3 ‑ Corrections and Enforcement

 

 

 

 

 

3.3 Enforcement of Monetary Penalties

7 892 

8 068 

8 177 

8 290 

8 389 

 

7 892 

8 068 

8 177 

8 290 

8 389 

Output Group 89 ‑ Public Building Maintenance Program

 

 

 

 

 

89.1 Public Building Maintenance Program11

5 842 

.... 

.... 

.... 

.... 

 

5 842 

.... 

.... 

.... 

.... 

 

 

 

 

 

 

Minister for Local Government and Planning

 

 

 

 

 

 

 

 

 

 

 

Output Group 4 ‑ Regulatory and Other Services

 

 

 

 

 

4.2 Tasmanian Planning Commission

5 094 

5 262 

5 384 

5 510 

5 607 

4.3 Planning Policy and Reform12

1 781 

3 523 

2 403 

2 942 

1 470 

 

6 875 

8 785 

7 787 

8 452 

7 077 

 

 

 

 

 

 

 

 

 

 

 

 


 

Table 6.2:         Output Group Expense Summary (continued)

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

 

 

 

 

 

 

Output Group 3 ‑ Corrections and Enforcement

 

 

 

 

 

3.1 Prison Services13

90 815 

103 798 

108 053 

109 979 

111 287 

3.2 Community Corrective Services14

16 233 

18 187 

18 180 

17 589 

17 903 

 

107 048 

121 985 

126 233 

127 568 

129 190 

 

 

 

 

 

 

Capital Investment Program15

.... 

1 500 

2 510 

2 510 

2 510 

 

 

 

 

 

 

Minister for Workplace Safety and Consumer Affairs

 

 

 

 

 

 

 

 

 

 

 

Output Group 4 ‑ Regulatory and Other Services

 

 

 

 

 

4.1 WorkSafe Tasmania16

11 277 

12 999 

12 619 

12 988 

13 330 

4.4 Consumer, Building and Occupational Services17

14 916 

16 260 

15 891 

15 983 

16 080 

 

26 193 

29 259 

28 510 

28 971 

29 410 

Output Group 90 ‑ COVID‑19 Response and Recovery

 

 

 

 

 

90.3 Rent Relief Fund18

1 250 

.... 

.... 

.... 

.... 

 

1 250 

.... 

.... 

.... 

.... 

 

 

 

 

 

 

Grants and Subsidies

17 473 

17 639 

17 752 

17 961 

18 220 

 

 

 

 

 

 

TOTAL

276 938 

308 298 

307 025 

305 740 

310 430 

 

 

 

 

 

 

Notes:

1.    The increase in Supreme Court Services from 2021‑22 reflects the continuation of additional funding for the additional Supreme Court Judge announced in the 2019‑20 Budget and the additional funding for Police Out of Courts (Burnie Court). The decrease in 2023‑24 reflects the completion of the Acting Judges initiative.

2.    The increase in Magisterial Court Services from 2021‑22 reflects funding for the Additional Magistrate and Police Out of Courts (Burnie Court) initiatives.

3.    The variation in this Output from 2021‑22 reflects the restructure of funding across outputs as detailed in the Output Group Restructure, and a reallocation of overhead funding across these outputs.

4.    The increase in Tasmania Legal Aid in 2021‑22 reflects the additional funding for Children and Young People Legal Representation ‑ North and North West, and the Serious Cases Fund ‑ Complex Criminal Trials announced in the 2019‑20 Budget. The decreases in 2022‑23 and 2024‑25 reflect the cessation of Australian Government funding for Family Advocacy and Support Services and the completion of the Serious Cases Fund ‑ Complex Criminal Trials initiative.

5.    The increase in Legal Assistance from 2021‑22 reflects additional funding for the Legal Assistance Sector Support 2021 election commitment.

6.    The decrease in Elections and Referendums in 2021‑22 reflects elections for five divisions in 2020‑21 (including the 2019‑20 Huon and Rosevears Legislative Council Elections which were postponed due to the COVID‑19 pandemic) and the 2021 State Election. The increases over the Forward Estimates reflect the Local Government elections in 2022‑23 and the next scheduled State Election in 2025.

7.    The variation in Child Abuse Royal Commission Response Unit reflects additional funding for the Commission of Inquiry Response Unit in 2021‑22 and the funding profile for the Redress Scheme for Institutional Child Sexual Abuse.

8.    The increase in Safe at Home in 2021‑22 reflects the additional funding for Safe at Home Family Violence Service System.

9.    The Commission of Inquiry reflects the costs and expenses of the conduct of the Commission of Inquiry into the Tasmanian Government’s responses to child sexual abuse in institutional settings in 2021‑22 and 2022‑23.

10.  The increase in Crown Law from 2021‑22 reflects the additional funding for Legal Risk Management to Support the Government’s Infrastructure Program.

11.  The decrease in the Public Building Maintenance Program reflects the completion of projects funded through that Program.

12.  The increase in Planning Policy and Reform in 2021‑22 reflects additional funding for Regional Land Use Strategies and Resourcing for Planning Reforms.

13.  The increase in Prison Services from 2021‑22 reflects additional funding for Increased Prison Therapeutic Staff, the Reduce Re‑offending Program, Police Out of Courts (Burnie Court) and Tasmania Prison Service ‑ Demand Pressures.

14.  The increase in Community Corrective Services in 2021‑22 reflects additional funding for Family Violence Electronic Monitoring.

15.  The increase in the Capital Investment Program from 2021‑22 reflects the additional funding for the Risdon Prison ‑ Critical Infrastructure Maintenance.

16.  The increase in WorkSafe Tasmania in 2021‑22 reflects additional funding for the COVID‑19 Response ‑ Additional Inspections and the Primary Producer Safety Rebate Scheme 2021 election commitment.

17.  The increase in Consumer, Building and Occupational Services in 2021‑22 reflects additional funding for the response to the Commission of Inquiry and the Contribution to TRRPO Association.

18.  The decrease in the Rent Relief Fund reflects the completion of that program in 2020‑21.

 


 

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 Tasmania Legal Aid

This Output provides universally available free legal information, advice, education and duty lawyer services, together with means tested ongoing representation. 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 Legal Assistance

This Output provides State and Australian Government funding to various organisations within the Legal Assistance Sector who provide essential legal advice, education and representation services to the community.

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 Tasmanian Civil and Administrative Tribunal

The Tasmanian Civil and Administrative Tribunal (TasCAT) includes:

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

·       the 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);

·       the Workers’ Rehabilitation and Compensation Tribunal, which 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; and

·       the Resource Management and Planning Appeal Tribunal, 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.

These bodies are due to be amalgamated into TasCAT on 1 November 2021.

1.11 Office of the Public Guardian

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, and provides education on the operation of the Guardianship and Administration Act. The Public Guardian also undertakes investigations when requested by the Guardianship and Administration Board or in response to allegations or concerns about someone acting as a guardian, administrator or attorney under an enduring power of attorney.

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.

The Child Abuse Royal Commission Response Unit is also responsible for administering the three‑year Witness Intermediary Scheme Pilot and providing strategic advice on a range of policies and projects designed to address the impacts of child abuse.

Funding for Redress and other claims against government agencies as a result of institutional responses to child sexual abuse are funded from this Output.

1.13 Safe at Home

Safe at Home is Tasmania’s integrated criminal justice response to family violence and is underpinned by the Family Violence Act 2004. The objectives of the Safe at Home service system are:

·       improve the safety and security of adult and child victims of family violence in the short and long term;

·       ensure that offenders are held accountable for family violence as a public crime and change their offending behaviour;

·       reduce the instance and severity of family violence in the longer‑term; and

·       minimise the negative impacts of contact with the criminal justice system on adult and child victims.

1.14 Commission of Inquiry

The Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings was established on 15 March 2021 by Order of the Governor of Tasmania.

The Commission’s inquiry will focus on the adequacy and appropriateness of the Tasmanian Government’s current response to allegations and incidents of child sexual abuse in institutional contexts. The Commission will submit its report and recommendations to the Governor of Tasmania by 31 August 2022.


 

Table 6.3:         Performance Information ‑ Output Group 1

Performance Measure

Unit of

 Measure

2018‑19 Actual

2019‑20 Actual1

2020‑21 Target2

2021‑22 Target

 

 

 

 

 

 

Supreme Court ‑ Criminal Jurisdiction

 

 

 

 

 

Pending cases older than 12 months

%

30.6

38.8

27.0

27.0

Real net recurrent expenditure per finalisation3

$

19 319

13 579

17 000

17 000

 

 

 

 

 

 

Supreme Court ‑ Civil Jurisdiction

 

 

 

 

 

Pending cases older than 12 months

%

41.5

41.8

35.0

35.0

Real net recurrent expenditure per finalisation3

$

5 408

4 253

5 000

5 000

 

 

 

 

 

 

Magistrates Court ‑ Criminal Jurisdiction

 

 

 

 

 

Pending cases older than six months

%

36.0

38.5

30.0

30.0

Real net recurrent expenditure per finalisation3

$

539

649

500

500

 

 

 

 

 

 

Magistrates Court ‑ Youth Justice Division

 

 

 

 

 

Pending cases older than six months

%

27.3

22.5

20.0

20.0

Real net recurrent expenditure per finalisation3

$

753

858

600

600

 

 

 

 

 

 

Magistrates Court ‑ Civil Jurisdiction

 

 

 

 

 

Pending cases older than six months

%

45.3

52.2

35.0

35.0

Real net recurrent expenditure per finalisation3

$

349

482

250

250

 

 

 

 

 

 

Magistrates Court ‑ Coronial Division

 

 

 

 

 

Pending cases older than 12 months

%

42.6

34.7

30.0

30.0

Real net recurrent expenditure per finalisation3

$

3 465

2 960

3 000

3 000

 

 

 

 

 

 

Births, Deaths and Marriages

 

 

 

 

 

Unit Cost per Transaction4

$

14.9

17.4

16.5

20.5

Registration within seven days of receipt

%

95

93

90

90

Certificates within seven days of receipt

%

95

92

90

90

Registration Error Rate

%

1.4

1.0

<2

<2

 

 

 

 

 

 

Tasmania Legal Aid

 

 

 

 

 

Duty Lawyer Services

Number

6 633

5 868

5 895

5 895

Legal Advice to Clients

Number

4 567

4 824

5 000

5 000

Applications for Legal Aid Approved

Number

4 905

5 178

5 200

5 200

Telephone Advice Line Calls

Number

21 813

22 621

22 800

22 800

Legal Talk

Number

3 465

3 213

3 500

3 500

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

Performance Measure

Unit of

 Measure

2018‑19 Actual

2019‑20 Actual1

2020‑21 Target2

2021‑22 Target

 

 

 

 

 

 

Equal Opportunity Tasmania

 

 

 

 

 

Complaints received5

Number

179

166

180

180

Complaints accepted for investigation

Number

83

81

100

100

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

Number

52

55

60

60

 

%

62.0

67.0

70.0

70.0

Number of complaints finalised

Number

160

188

170

170

Complaints received and finalised within six months

%

66.0

78.0

70.0

70.0

Complaints received and finalised within nine months

%

85.0

93.0

90.0

90.0

Complaints received and finalised within  months

%

93.0

97.0

95.0

95.0

Training/education sessions delivered6

Number

208

188

300

300

 

 

 

 

 

 

Legislative Council Elections

 

 

 

 

 

Legislative Council Participation Rate7,8

%

83.9

na

>85.0

>85.0

Legislative Council Rate of Informal Votes7,8

%

3.3

na

<5.0

<5.0

Legislative Council ‑ Election Cost Per Enrolled Elector7,8

$

13.7

na

na

na

Roll Maintenance Cost per Elector

$

1.2

1.3

na

na

 

 

 

 

 

 

Tasmanian Industrial Commission

 

 

 

 

 

Clearance Rate9

%

89

92

95

95

Proportion of matters finalised within three months

%

75

88

75

75

 

 

 

 

 

 

TasCAT ‑ Guardianship and Administration Board

 

 

 

 

 

Matters commenced within statutory time frame

%

99.7

99.2

99.0

99.0

Number of hearings per sitting

Number

5.2

4.9

5.0

5.0

 

 

 

 

 

 

TasCAT ‑ Mental Health Tribunal

 

 

 

 

 

Matters determined within statutory time frame

%

100

100

100

100

Number of hearings per sitting

Number

4

4

5

5

 

 

 

 

 

 


 

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

Performance Measure

Unit of

 Measure

2018‑19 Actual

2019‑20 Actual1

2020‑21 Target2

2021‑22 Target

 

 

 

 

 

 

TasCAT ‑ Resource Management and Planning Appeal Tribunal

 

 

 

 

 

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

%

79.8

69.1

74.5

78.0

Percentage of appeals resolved within 90 days without extension

%

62.7

62.7

57.5

100

Percentage of appeals which did require extensions due to parties

%

98.1

100

96.0

95.0

 

 

 

 

 

 

Child Abuse Royal Commission Response Unit10

 

 

 

 

 

Percentage of National Redress Scheme claims addressed within the statutory timeframe

%

na

100

100

100

 

 

 

 

 

 

Performance Measure

Unit of

 Measure

2014  Actual

2018  Actual

2021 Target

2025 Target

 

 

 

 

 

 

House of Assembly Elections11

 

 

 

 

 

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 final and may vary from the preliminary figures provided in the 2020‑21 Budget.

2.    2020‑21 Targets have not been updated as actual data was not available to the Department in time for the preparation of 2021‑22 Budget Papers. Actual data will be published in the Agency’s annual report, which will be published by 31 October 2021.

3.    The 2018‑19 actual has been updated to reflect the Report on Government Services 2021. Historical financial data is adjusted to 2019‑20 dollars using the General Government Final Consumption Expenditure chain price deflator.

4.    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.

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

6.    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 COVID‑19 restrictions introduced in March 2020. There is an expectation that training delivered in 2021‑22 will increase, with new training targets set in August 2020.

7.    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. 

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

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

10.  Assessment of claims began during 2019‑20.

11.  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 and 2019‑20 are taken from chapter 7 Courts, of the Productivity Commission’s Report on Government Services 2021.

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. However, it should be noted that only one interstate Australian jurisdiction achieved this 10 per cent target in 2019‑20, with the national average being 26.5 per cent. It should also be noted that a relatively small number of cases can have a significant impact on Court indicators in Tasmania. There were a total of 19 appeal matters pending at 30 June 2020, of which four (or 21.1 per cent) were between 12 months and 24 months old (with there being no pending matters in excess of 24 months).

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:

·       allocating additional judicial sitting time;

·       adopting more active case management, and focussing on older cases;

·       streamlining processes for bail applications; and

·       applying a more rigorous management of the appeals process.

Reduction of the criminal case backlog is also dependent on cases being prepared ready for trial, and the availability of Prosecution counsel from the Office of the Director of Public Prosecutions, and Defence counsel from Tasmania Legal Aid 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 later in 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 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 civil 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 in 2019‑20 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; registration of gender; 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.

Tasmania Legal Aid

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

Tasmania Legal Aid 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 Tasmania Legal Aid.

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

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.

Tasmanian Civil and Administrative Tribunal

The Guardianship and Administration Board and the Mental Health Tribunal 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 tribunals 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 the tribunals 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.


 

The Resource Management and Planning Appeal Tribunal is committed to the continued use of mediation to resolve disputes. The settlement of disputes through mediation (consent) provides a fair and cost effective way of resolving disputes. Targets have been set to maintain a high level of resolution of disputes by Alternative Dispute Resolution. All Resource Management and Planning Appeal Tribunal 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 Resource Management and Planning Appeal Tribunal is obliged under its legislation to resolve matters within 90 days or such further period as may be granted (section 16(1)(f) of the Resource Management and Planning Appeal Tribunal Act). The parties to proceedings may require additional time to the 90‑day timeframe for a range of reasons. The figures disclose whether the Tribunal or parties to proceedings required additional time beyond the 90 days.

Child Abuse Royal Commission Response Unit

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

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

The percentage of National Redress Scheme claims addressed within the statutory timeframe is an indicator of the effectiveness of the Service in coordinating and managing information requests from responsible agencies. This 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 Meeting 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

2018‑19 Actual

2019‑20 Actual

2020‑21 Target1

2021‑22 Target

 

 

 

 

 

 

Crown Law

 

 

 

 

 

Notionally chargeable time

%

75

75

60

60

Number of new matters2

File

1 741

1 621

1 900

1 900

 

 

 

 

 

 

Notes:

1.    2020‑21 Targets have not been updated as actual data was not available to the Department in time for the preparation of 2021‑22 Budget Papers. Actual data will be published in the Agency’s annual report, which will be published by 31 October 2021.

2.    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

2018‑19 Actual

2019‑20 Actual1

2020‑21 Target2

2021‑22 Target

 

 

 

 

 

 

Prison Services

 

 

 

 

 

Percentage of prisoners returning to corrective services within two years of release3

%

56.0

56.6

48.0

48.0

Prison Escape Rate ‑ Secure Perimeter

Number per 100 prisoners

.... 

0.46 

.... 

.... 

Prison Escape Rate ‑ Open Perimeter

Number per 100 prisoners

.... 

.... 

<2

<2

Cost per Prisoner per day4,5

$

317

335

346

379

 

 

 

 

 

 

Community Corrective Services

 

 

 

 

 

Completion rate for community supervision orders6

%

87.4

82.6

86.0

86.0

Cost per Community Supervised Offender per day4,7

$

21.0

21.7

23

24

Percentage of Community Corrections offenders returning to corrective services within two years of discharge3

%

28.8

27.1

22.0

22.0

 

 

 

 

 

 

Enforcement of Monetary Penalties

 

 

 

 

 

Fine Collection Rate

%

95

126

95

95

Debt Finalisation Rate

%

107

130

100

100

 

 

 

 

 

 

Notes:

1.    Figures for 2019‑20 are final and may vary from the preliminary figures provided in the 2020‑21 Budget.

2.    2020‑21 Targets have not been updated as actual data was not available to the Department in time for the preparation of 2021‑22 Budget Papers. Actual data will be published in the Agency’s annual report, which will be published by 31 October 2021.

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

4.    The 2018‑19 actual has been updated to reflect the Report on Government Services 2021. Historical financial data is adjusted to 2019‑20 dollars using the General Government Final Consumption Expenditure chain price deflator.

5.    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. The target has been increased for 2021‑22 due to the additional costs associated with Increased Prison Therapeutic Staff, the Reduce Re‑offending Program, Police Out of Courts (Burnie Court), Tasmania Prison Services ‑ Demand Pressures from 2021‑22, in addition to the opening of the Southern Remand Centre in 2021‑22.

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

7.    The Cost per Community Supervised Offender per day is expected to increase in 2021‑22 due to the additional costs associated with Family Violence Electronic Monitoring and the expected increase in the use of the electronic monitoring sentencing option.


 

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 2021 chapter 8 Corrective Services and the Justice Sector overview.

Corrective Services agencies administer services and programs which aim to reduce prisoners’ and offenders’ risk of re‑offending. Two indicators are provided, which show the return to corrections figures for prisoners and offenders released from prison or discharged from community corrections. These are drawn from the Report on Government Services 2021, 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 Workplace Safety and Consumer Affairs 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 Local Government and 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 Local Government and 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

2018‑19 Actual

2019‑20 Actual

2020‑21 Target1

2021‑22 Target

 

 

 

 

 

 

WorkSafe Tasmania

 

 

 

 

 

Safety of Workers ‑ rates of serious injury2,3

Claims per 1 000 employees

14.6

15.0

11.0

11.0

Returned to Work2,4

Rate

79

79

90

85

Workers' Compensation Premium as a percentage of Wages2,5

Rate

2.04

2.09

1.75‑2.75

1.75‑2.75

 

 

 

 

 

 


Consumer, Building and Occupational Services

 

 

 

 

 

Consumer complaints resolved within 60 days

%

85.9

96.9

95.0

95.0

Rental bond claims paid within 30 days

%

90.2

87.0

90.0

90.0

Number of matters resolved prior to final compliance action

%

96.9

99.7

95.0

95.0

Number of assessments made within 21 days

%

94.1

88.0

95.0

95.0

New WWVP applicants receipt of decisions within six weeks

%

93.0

83.0

95.0

95.0

 

 

 

 

 

 

Notes:

1.    2020‑21 Targets have not been updated as actual data was not available to the Department in time for the preparation of 2021‑22 Budget Papers. Actual data will be published in the Agency’s annual report, which will be published by 31 October 2021.

2.    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.

3.    The Safety of Workers measure reflects the incidence rates of claims with lost time (time off work) of five days or more per 1 000 workers. The Safe Work Australia ‑ Australian Work Health and Safety Strategy 2012‑2022 has a target to reduce the incidence of workplace injury by at least 30 per cent by 2022. Using 2011‑12 as the base period and WorkSafe Tasmania data, the target incidence rate for Tasmania is 10 claims per 1 000 workers by June 2022. In accordance with the Safe Work Australia ‑ Australian Work Health and Safety Strategy 2012‑2022, the 2020‑21 target has been revised to align with the measurement principles in the strategy.

4.    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. The national average RTW rate is 82 per cent. The survey that informs this rate was conducted in 2018. It was due to be conducted again in 2020; however, due to the COVID‑19 pandemic it was deferred to 2021 and is currently underway.

5.    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 Registration to Work 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

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

Total

 

Forward 

Forward 

Forward 

 

Cost 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

New Infrastructure Commitments

 

 

 

 

 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

Prison Body Scanning Technology1

1 300 

.... 

1 300 

.... 

.... 

Risdon Prison ‑ Critical Infrastructure Maintenance1

9 030 

1 500 

2 510 

2 510 

2 510 

 

 

 

 

 

 

Existing Infrastructure Commitments

 

 

 

 

 

 

 

 

 

 

 

Attorney‑General and Minister for Justice

 

 

 

 

 

Burnie Court Complex2

40 000 

1 900 

18 060 

19 001 

.... 

Justice Connect3

.... 

.... 

.... 

.... 

.... 

Justice Connect ‑ Stage 3 (Single Tribunal)3

.... 

.... 

.... 

.... 

.... 

Video Conferencing and Recording4

1 800 

1 000 

750 

.... 

.... 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

New Northern Prison5

270 000 

1 500 

4 800 

18 300 

32 600 

New Southern Remand Centre5

85 000 

47 500 

8 000 

.... 

.... 

Risdon Prison Shared Facilities Upgrade5

9 340 

5 587 

.... 

.... 

.... 

 

 

 

 

 

 

Total CIP Allocations

 

58 987 

35 420 

39 811 

35 110 

 

 

 

 

 

 

Notes:

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

2.    Additional funding of $25 million is provided for the Burnie Court Complex initiative, taking the total cost to $40 million.

3.    Justice Connect and Justice Connect ‑ Stage 3 (Single Tribunal) are funded on a reimbursement basis from the Digital Transformation Priority Expenditure Programwithin Finance‑General.

4.    Funding of $750 000 from the existing $1.8 million allocation has been reallocated from 2021‑22 to 2022‑23 due to the rollover of unexpended appropriation of $850 000 from 2020‑21 into 2021‑22 for the Video Conferencing and Recording project.

5.    Estimates for this project have been revised to reflect current project progress and future timing of expenditure.


 

Burnie Court Complex

Funding of $40 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.

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).

The minimum viable product phase of the program was successfully completed in March 2021, with work now proceeding on the solution as a whole.

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 paid on a reimbursement basis from the Digital Transformation Priority Expenditure Program within Finance‑General.

Video Conferencing and Recording

This initiative will deliver new, and/or, replace outdated video conferencing equipment at the Magistrates and Supreme Courts facilities and the Tasmania Prison Service. This equipment will improve statewide access to justice services and reduce transportation needs of prisoners/remandees to and from the courts.

New Northern Prison

This initiative will commence construction of a new Northern Prison facility, on a Crown Land site 5.2 kilometres from the Westbury town centre.

The facility will ultimately provide accommodation for a variety of security classifications, remand facilities, and a women’s facility. The facility 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 greater rehabilitation and reintegration prospects, and improved family connections for northern prisoners.

New Southern Remand Centre

This initiative will build a new remand facility on the Risdon Prison site, including funding for a new kitchen.

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.

Construction of the New Southern Remand Centre is underway, with commissioning estimated to be completed, and the facility fully operational, in early 2022. The kitchen is expected to be completed by the end of 2022‑23.

Risdon Prison Shared Facilities Upgrade

This initiative will upgrade shared facilities at the Risdon Prison to meet increased service demands. Upgrades will include the construction of:

·       an upgraded gatehouse;

·       an upgraded and expanded medical/health centre;

·       an upgraded 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

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Revenue and other income

 

 

 

 

 

Appropriation revenue ‑ operating1

202 108 

239 455 

233 671 

234 451 

238 507 

Appropriation revenue ‑ capital

39 000 

58 137 

35 420 

39 811 

35 110 

Other revenue from government

8 450 

1 450 

.... 

.... 

.... 

Grants2

31 454 

28 060 

23 566 

15 120 

13 076 

Sales of goods and services

4 523 

4 599 

4 666 

4 734 

4 735 

Fees and fines

9 355 

9 501 

9 610 

9 620 

9 620 

Interest

930 

949 

968 

987 

987 

Other revenue3

8 244 

9 156 

12 060 

9 450 

9 770 

Total revenue

304 064 

351 307 

319 961 

314 173 

311 805 

Total income

304 064 

351 307 

319 961 

314 173 

311 805 

 

 

 

 

 

 

Expenses

 

 

 

 

 

Employee benefits4

144 105 

166 278 

167 319 

168 044 

171 929 

Depreciation and amortisation

8 120 

9 120 

9 820 

9 820 

9 512 

Supplies and consumables

52 075 

56 167 

55 995 

54 889 

56 053 

Grants and subsidies5

26 092 

29 014 

27 279 

27 403 

26 167 

Borrowing costs

670 

666 

661 

655 

650 

Other expenses6

25 903 

26 914 

25 699 

24 468 

25 399 

Total expenses

256 965 

288 159 

286 773 

285 279 

289 710 

 

 

 

 

 

 

Net result

47 099 

63 148 

33 188 

28 894 

22 095 

 

 

 

 

 

 

Comprehensive result

47 099 

63 148 

33 188 

28 894 

22 095 

 

 

 

 

 

 

Notes:

1.    The increase in Appropriation revenue ‑ operating primarily reflects additional funding for 2021 election commitments and Other initiatives in the 2021‑22 Budget.

2.    The decrease in Grants revenue primarily reflects the completion of maintenance works in 2020-21 funded through the Public Building Maintenance Program, the completion of Australian Government funding under the Small Business Regulatory Reform Agenda and Family Advocacy and Support Services in 2022‑23, and a reduction in funding for the Justice Connect project in 2023‑24.

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

4.    The increase in Employee benefits primarily reflects additional funding for Family Violence Electronic Monitoring, Commission of Inquiry - Whole‑of‑Government Response Unit, Commission of Inquiry - Conduct, Legal Risk Management to Support the Government’s Infrastructure Program, Police Out of Courts (Burnie Court) and Tasmania Prison Service ‑ Demand Pressures.

5.    The decrease in Grants and subsidies in 2022‑23 reflect the completion of Australian Government funding for Family Advocacy and Support Services. Other variations reflect expenditure associated with the Regional Land Use Strategies and Resourcing for Planning Reform.

6.    The variation in Other expenses reflects the funding profile for the Redress Scheme for Institutional Child Sexual Abuse.

Table 6.9:         Statement of Comprehensive Income ‑ Administered

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

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

25 281 

25 279 

25 279 

25 279 

25 279 

Interest

154 

156 

158 

160 

162 

Other revenue

16 955 

17 479 

18 022 

18 561 

18 843 

Total administered revenue

42 407 

42 931 

43 476 

44 017 

44 301 

Total administered income

42 407 

42 931 

43 476 

44 017 

44 301 

 

 

 

 

 

 

Administered expenses

 

 

 

 

 

Employee benefits

3 636 

3 719 

3 805 

3 893 

3 979 

Depreciation and amortisation

109 

109 

109 

24 

.... 

Supplies and consumables

3 153 

3 163 

3 178 

3 188 

3 211 

Grants and subsidies

271 

276 

282 

472 

482 

Transfers to the Public Account

22 778 

22 776 

22 776 

22 776 

22 776 

Other expenses

12 804 

12 872 

12 878 

12 884 

13 048 

Total administered expenses

42 751 

42 915 

43 028 

43 237 

43 496 

 

 

 

 

 

 

Administered net result

(344)

16 

448 

780 

805 

 

 

 

 

 

 

Administered comprehensive result

(344)

16 

448 

780 

805 

 

 

 

 

 

 

 


 

Table 6.10:       Revenue from Appropriation by Output

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

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

7 345 

8 349 

8 551 

8 314 

8 475 

1.2 Magisterial Court Services2

10 358 

11 937 

12 202 

12 454 

12 667 

1.3 Births, Deaths and Marriages

1 121 

1 166 

1 200 

1 230 

1 256 

1.4 Support and Compensation for Victims of Crime3

3 523 

3 577 

3 667 

3 756 

3 837 

1.5 Tasmania Legal Aid4

7 930 

9 094 

9 569 

9 446 

8 910 

1.6 Legal Assistance5

1 090 

3 079 

3 123 

3 166 

3 206 

1.7 Equal Opportunity Tasmania

1 536 

1 587 

1 627 

1 673 

1 703 

1.8 Elections and Referendums

716 

738 

756 

778 

792 

1.9 Tasmanian Industrial Commission

1 323 

1 363 

1 399 

1 435 

1 465 

1.10 Tasmanian Civil and Administrative Tribunal3

4 677 

5 621 

5 766 

5 915 

6 028 

1.11 Office of the Public Guardian3

938 

1 186 

1 212 

1 243 

1 264 

1.12 Child Abuse Royal Commission Response Unit6

9 046 

10 613 

9 162 

8 187 

8 211 

1.13 Safe at Home3,7

2 071 

3 527 

2 160 

2 211 

2 259 

 

51 674 

61 837 

60 394 

59 808 

60 073 

Output Group 2 ‑ Legal Services

 

 

 

 

 

2.1 Crown Law8

6 946 

8 039 

8 554 

8 746 

8 890 

2.2 Legislation Development and Review

1 550 

1 613 

1 656 

1 703 

1 739 

 

8 496 

9 652 

10 210 

10 449 

10 629 

Output Group 3 ‑ Corrections and Enforcement

 

 

 

 

 

3.3 Enforcement of Monetary Penalties

4 278 

4 454 

4 563 

4 676 

4 775 

 

4 278 

4 454 

4 563 

4 676 

4 775 

 

 

 

 

 

 

Capital Investment Program9

4 100 

2 050 

18 810 

19 001 

.... 

 

 

 

 

 

 

Operating Services

64 448 

75 943 

75 167 

74 933 

75 477 

Capital Services

4 100 

2 050 

18 810 

19 001 

.... 

 

68 548 

77 993 

93 977 

93 934 

75 477 

 

 

 

 

 

 

Minister for Local Government and Planning

 

 

 

 

 

 

 

 

 

 

 

Output Group 4 ‑ Regulatory and Other Services

 

 

 

 

 

4.2 Tasmanian Planning Commission

4 488 

4 656 

4 778 

4 904 

5 001 

4.3 Planning Policy and Reform10

1 782 

3 124 

2 404 

2 943 

1 471 

 

6 270 

7 780 

7 182 

7 847 

6 472 

 

 

 

 

 

 


 

Table 6.10:       Revenue from Appropriation by Output (continued)

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Operating Services

6 270 

7 780 

7 182 

7 847 

6 472 

 

6 270 

7 780 

7 182 

7 847 

6 472 

 

 

 

 

 

 

Minister for Corrections

 

 

 

 

 

 

 

 

 

 

 

Output Group 3 ‑ Corrections and Enforcement

 

 

 

 

 

3.1 Prison Services11

81 996 

94 731 

97 420 

99 296 

100 604 

3.2 Community Corrective Services12

16 224 

18 180 

18 173 

17 583 

17 897 

 

98 220 

112 911 

115 593 

116 879 

118 501 

 

 

 

 

 

 

Capital Investment Program13

34 900 

56 087 

16 610 

20 810 

35 110 

 

 

 

 

 

 

Operating Services

98 220 

112 911 

115 593 

116 879 

118 501 

Capital Services

34 900 

56 087 

16 610 

20 810 

35 110 

 

133 120 

168 998 

132 203 

137 689 

153 611 

 

 

 

 

 

 

Minister for Workplace Safety and Consumer Affairs

 

 

 

 

 

 

 

 

 

 

 

Output Group 4 ‑ Regulatory and Other Services

 

 

 

 

 

4.1 WorkSafe Tasmania14

9 414 

11 069 

10 600 

10 880 

11 102 

4.4 Consumer, Building and Occupational Services15

4 024 

5 140 

4 578 

4 646 

4 743 

 

13 438 

16 209 

15 178 

15 526 

15 845 

Output Group 90 ‑ COVID‑19 Response and Recovery

 

 

 

 

 

90.3 Rent Relief Fund16

1 250 

.... 

.... 

.... 

.... 

 

1 250 

.... 

.... 

.... 

.... 

 

 

 

 

 

 

Operating Services

14 688 

16 209 

15 178 

15 526 

15 845 

 

14 688 

16 209 

15 178 

15 526 

15 845 

 

 

 

 

 

 

Department of Justice

 

 

 

 

 

Total Operating Services

183 626 

212 843 

213 120 

215 185 

216 295 

Total Capital Services

39 000 

58 137 

35 420 

39 811 

35 110 

 

222 626 

270 980 

248 540 

254 996 

251 405 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Table 6.10:       Revenue from Appropriation by Output (continued)

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Reserved by Law

 

 

 

 

 

Costs and expenses of Commissions (Commissions of Inquiry Act 1995)17

.... 

8 363 

1 222 

.... 

.... 

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)18

4 059 

2 706 

3 558 

3 662 

6 432 

Expenses under the Legislative Council Electoral Boundaries Act 1995

Salaries of Judges (Supreme Court Act 1887)19

3 760 

4 384 

4 466 

4 133 

4 196 

Salaries of Magistrates (Magistrates Court Act 1987)20

5 644 

6 116 

6 240 

6 382 

6 478 

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

546 

557 

569 

582 

591 

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

463 

476 

486 

497 

505 

Victims of Crime Assistance Act 1976

4 000 

4 000 

4 000 

4 000 

4 000 

 

18 482 

26 612 

20 551 

19 266 

22 212 

 

 

 

 

 

 

Appropriation Rollover

8 450 

1 450 

.... 

.... 

.... 

 

 

 

 

 

 

Total Revenue from Appropriation

249 558 

299 042 

269 091 

274 262 

273 617 

 

 

 

 

 

 

Controlled Revenue from Appropriation

249 558 

299 042 

269 091 

274 262 

273 617 

 

249 558 

299 042 

269 091 

274 262 

273 617 

 

 

 

 

 

 

Notes:

1.    The increase in Supreme Court Services from 2021‑22 reflects the continuation of funding for the Additional Supreme Court Judge announced in the 2019‑20 Budget and the additional funding for Police Out of Courts (Burnie Court). The decrease in 2023‑24 reflects the completion of the Acting Judges initiative.

2.    The increase in Magisterial Court Services from 2021‑22 reflects the additional funding for the Additional Magistrate and Police Out of Courts (Burnie Court).

3.    The variation in this Output from 2021‑22 reflects the restructure of funding across Outputs as detailed in the Output Group Restructure, and a reallocation of overhead funding across these Outputs.

4.    The increase in Tasmania Legal Aid from 2021‑22 reflects the additional funding for Children and Young People Legal Representation ‑ North and North West, and the Serious Cases Fund ‑ Complex Criminal Trials announced in the 2019‑20 Budget. The decrease in 2024‑25 reflects the completion of funding for the Serious Cases Fund ‑ Complex Criminal Trials.

5.    The increase in Legal Assistance from 2021‑22 reflects additional funding for the Legal Assistance Sector Support 2021 election commitment.

6.    The variation in Child Abuse Royal Commission Response Unit reflects additional funding for the response to the Commission of Inquiry in 2021‑22 and the funding profile for the Redress Scheme for Institutional Child Sexual Abuse.

7.    The increase in Safe at Home from 2021‑22 reflects the additional funding for the Safe at Home Family Violence Service System.

8.    The increase in Crown Law from 2021‑22 reflects additional funding for Legal Risk Management to Support the Government’s Infrastructure Program.

9.    The increase in Capital Investment Program in 2022‑23 reflects the additional funding provided for the Burnie Court Complex.

10.  The increase in Planning Policy and Reform reflects additional funding for Regional Land Use Strategies and Resourcing for Planning Reforms.

11.  The increase in Prison Services from 2021‑22 reflects additional funding for Increased Prison Therapeutic Staff, the Reduce Re‑offending Program, Police Out of Courts (Burnie Court) and Tasmania Prison Services ‑ Demand Pressures.

12.  The increase in Community Corrective Services reflects additional funding for Family Violence Electronic Monitoring.

13.  The variation in Capital Investment Program reflects additional funding provided for Risdon Prison‑Critical Infrastructure Maintenance.

14.  The increase in WorkSafe Tasmania reflects additional funding for the Primary Producer Safety Rebate Scheme from 2021‑22 and the COVID‑19 Response ‑ Additional Inspections in 2021‑22.

15.  The increase in Consumer, Building and Occupational Services in 2021‑22 reflects additional funding for the response to the Commission of Inquiry and the Contribution to TRRPO Association.

16.  The decrease in the Rent Relief Fund reflects the completion of that program in 2020‑21.

17.  The increase in Costs and expenses of Commissions (Commissions of Inquiry Act 1995) reflects the costs of running the Commission of Inquiry into the Tasmanian Government’s responses to child sexual abuse in institutional settings in 2021‑22 and 2022‑23.

18.  The decrease in Expenses of Parliamentary Elections and Referendums (Electoral Act 2004 and Referendum Procedures Act 2004) in 2021‑22 reflects elections for five divisions in 2020‑21 (including the 2019‑20 Huon and Rosevears Legislative Council Elections which were postponed due to the COVID‑19 pandemic) and the 2021 State Election. The variation over the Forward Estimates reflects the next scheduled State Election in 2025.

19.  The increase in Salaries of Judges (Supreme Court Act 1887) reflects the continuation of additional funding for the appointment of an additional Supreme Court Judge announced in the 2019‑20 Budget.

20.  The increase in Salaries of Magistrates (Magistrates Court Act 1987) reflects the appointment of an additional magistrate.


 

Table 6.11:       Administered Revenue

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

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

229 

229 

229 

229 

229 

Fines

18 125 

18 125 

18 125 

18 125 

18 125 

Magisterial Courts Regulatory Fees

594 

594 

594 

594 

594 

Other Regulatory Fees

713 

713 

713 

713 

713 

Other Revenue

40 

40 

40 

40 

40 

Other Sales of Services

Registrar‑General Regulatory Fees

1 981 

1 981 

1 981 

1 981 

1 981 

Supreme Court Regulatory Fees

1 089 

1 087 

1 087 

1 087 

1 087 

 

22 778 

22 776 

22 776 

22 776 

22 776 

 

 

 

 

 

 

Agency Revenue

 

 

 

 

 

Fines

2 550 

2 550 

2 550 

2 550 

2 550 

Interest income

154 

156 

158 

160 

162 

Other Revenue

16 915 

17 439 

17 982 

18 521 

18 803 

Other Sales of Services

10 

10 

10 

10 

10 

 

19 629 

20 155 

20 700 

21 241 

21 525 

 

 

 

 

 

 

Total Administered Revenue

42 407 

42 931 

43 476 

44 017 

44 301 

 

 

 

 

 

 

 


 

Table 6.12:       Administered Expenses

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Grants and Subsidies

 

 

 

 

 

Asbestos Compensation Fund

7 682 

7 662 

7 582 

7 686 

7 790 

WorkCover Tasmania Board

9 791 

9 977 

10 170 

10 275 

10 430 

 

17 473 

17 639 

17 752 

17 961 

18 220 

 

 

 

 

 

 

Transfer to the Public Account

22 778 

22 776 

22 776 

22 776 

22 776 

 

 

 

 

 

 

Other Administered Expenses

2 500 

2 500 

2 500 

2 500 

2 500 

 

 

 

 

 

 

Total Administered Expenses

42 751 

42 915 

43 028 

43 237 

43 496 

 

 

 

 

 

 

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

 

2021 

2022 

2023 

2024 

2025 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Assets

 

 

 

 

 

Financial assets

 

 

 

 

 

Cash and deposits1

19 611 

23 108 

22 505 

21 902 

21 299 

Receivables1

1 021 

1 166 

1 191 

1 216 

1 241 

 

20 632 

24 274 

23 696 

23 118 

22 540 

 

 

 

 

 

 

Non‑financial assets

 

 

 

 

 

Inventories1

640 

1 323 

1 323 

1 323 

1 323 

Property, plant and equipment2

181 653 

221 505 

245 913 

274 712 

298 810 

Intangibles3

18 960 

24 583 

34 623 

35 963 

35 003 

Other assets4

17 415 

13 934 

13 576 

13 218 

13 168 

 

218 668 

261 345 

295 435 

325 216 

348 304 

 

 

 

 

 

 

Total assets

239 300 

285 619 

319 131 

348 334 

370 844 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

Payables1

4 022 

11 836 

11 933 

12 030 

12 127 

Interest bearing liabilities4

9 589 

14 540 

14 351 

14 147 

14 049 

Employee benefits1

30 759 

37 309 

37 725 

38 141 

38 557 

Other liabilities1

74 

.... 

.... 

.... 

.... 

Total liabilities

44 444 

63 685 

64 009 

64 318 

64 733 

 

 

 

 

 

 

Net assets (liabilities)

194 856 

221 934 

255 122 

284 016 

306 111 

 

 

 

 

 

 

Equity

 

 

 

 

 

Reserves1

52 564 

66 648 

66 648 

66 648 

66 648 

Accumulated funds

142 292 

155 286 

188 474 

217 368 

239 463 

Total equity

194 856 

221 934 

255 122 

284 016 

306 111 

 

 

 

 

 

 

Notes:

1.    The variation in this item in 2022 reflects revised estimates based on 30 June 2020 actuals.

2.    The variation in Property, plant and equipment reflects the timing of the Department’s capital projects, partially offset by annual depreciation charges. 

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

4.    The variation in Other assets and Interest bearing liabilities reflects a recalculation of the estimated value of the Department’s lease assets and liabilities.

 


 

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

 

2021 

2022 

2023 

2024 

2025 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Assets

 

 

 

 

 

Financial assets

 

 

 

 

 

Cash and deposits1

23 804 

26 394 

26 961 

27 775 

28 590 

Receivables2

108 730 

106 340 

101 354 

96 368 

91 382 

 

132 534 

132 734 

128 315 

124 143 

119 972 

 

 

 

 

 

 

Non‑financial assets

 

 

 

 

 

Intangibles3

249 

133 

24 

.... 

.... 

 

249 

133 

24 

.... 

.... 

 

 

 

 

 

 

Total assets

132 783 

132 867 

128 339 

124 143 

119 972 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

Payables1

3 299 

2 758 

2 761 

2 764 

2 767 

Provisions2

74 334 

74 919 

69 933 

64 947 

59 961 

Employee benefits

868 

937 

943 

949 

955 

Other liabilities

Total liabilities

78 503 

78 616 

73 640 

68 664 

63 688 

 

 

 

 

 

 

Net assets (liabilities)

54 280 

54 251 

54 699 

55 479 

56 284 

 

 

 

 

 

 

Equity

 

 

 

 

 

Accumulated funds

54 280 

54 251 

54 699 

55 479 

56 284 

Total equity

54 280 

54 251 

54 699 

55 479 

56 284 

 

 

 

 

 

 

Notes:

1.    The variation in Cash and deposits and Payables in 2022 reflects revised estimates based on 30 June 2020 actuals.

2.    The decrease in Receivables and Provisions in 2023 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.

 


 

Table 6.15:       Statement of Cash Flows

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

Forward 

Forward 

Forward 

 

Budget 

Budget 

Estimate 

Estimate 

Estimate 

 

$'000 

$'000 

$'000 

$'000 

$'000 

 

 

 

 

 

 

Cash flows from operating activities

 

 

 

 

 

Cash inflows

 

 

 

 

 

Appropriation receipts ‑ operating

202 108 

239 455 

233 671 

234 451 

238 507 

Appropriation receipts ‑ capital

39 000 

58 137 

35 420 

39 811 

35 110 

Appropriation receipts ‑ other

8 450 

1 450 

.... 

.... 

.... 

Grants

31 454 

28 060 

23 566 

15 120 

13 076 

Sales of goods and services

4 498 

4 574 

4 641 

4 709 

4 710 

Fees and fines

9 355 

9 501 

9 610 

9 620 

9 620 

GST receipts1

4 000 

7 430 

7 460 

7 490 

7 520 

Interest received

930 

949 

968 

987 

987 

Other cash receipts

8 244 

9 156 

12 060 

9 450 

9 770 

Total cash inflows

308 039 

358 712 

327 396 

321 638 

319 300 

 

 

 

 

 

 

Cash outflows

 

 

 

 

 

Employee benefits2

(127 939)

(147 353)

(147 743)

(147 946)

(150 944)

Superannuation2,3

(15 716)

(18 475)

(19 126)

(19 648)

(20 535)

Borrowing costs

(670)

(666)

(661)

(655)

(650)

GST payments1

(4 000)

(7 430)

(7 460)

(7 490)

(7 520)

Grants and subsidies

(26 092)

(29 014)

(27 279)

(27 403)

(26 167)

Supplies and consumables

(51 947)

(56 067)

(55 895)

(54 789)

(55 953)

Other cash payments

(25 903)

(26 951)

(25 736)

(24 505)

(25 436)

Total cash outflows

(252 267)

(285 956)

(283 900)

(282 436)

(287 205)

 

 

 

 

 

 

Net cash from (used by) operating activities

55 772 

72 756 

43 496 

39 202 

32 095 

 

 

 

 

 

 

Cash flows from investing activities

 

 

 

 

 

Payments for acquisition of non‑financial assets

(57 800)

(73 187)

(43 910)

(39 601)

(32 600)

Net cash from (used by) investing activities

(57 800)

(73 187)

(43 910)

(39 601)

(32 600)

 

 

 

 

 

 

Cash flows from financing activities

 

 

 

 

 

Net borrowings

(158)

(172)

(189)

(204)

(98)

Net cash from (used by) financing activities

(158)

(172)

(189)

(204)

(98)

 

 

 

 

 

 

Net increase (decrease) in cash and cash equivalents held

(2 186)

(603)

(603)

(603)

(603)

 

 

 

 

 

 

Cash and deposits at the beginning of the reporting period

21 797 

23 711 

23 108 

22 505 

21 902 

Cash and deposits at the end of the reporting period

19 611 

23 108 

22 505 

21 902 

21 299 

 

 

 

 

 

 


 

Notes:

1.    The increase in GST receipts and payments reflects increased capital activity in 2021‑22.

2.    The increase in Employee benefits and Superannuation in 2021-22 primarily reflects additional funding for Family Violence Electronic Monitoring, Commission of Inquiry whole-of-government Response Unit, Commission of Inquiry‑Conduct, Legal Risk Management to Support the Government’s Infrastructure Program, Police Out of Courts (Burnie Court), and Tasmania Prison Service ‑ Demand Pressures.

3.    The increase in Superannuation over the Forward Estimates reflects the impact of the increase in Superannuation Guarantee Charge.

Table 6.16:       Statement of Cash Flows ‑ Administered

 

2020‑21 

2021‑22 

2022‑23 

2023‑24 

2024‑25 

 

 

 

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

25 281 

25 279 

25 279 

25 279 

25 279 

Interest received

154 

156 

158 

160 

162 

Other cash receipts

16 955 

17 479 

18 022 

18 561 

18 843 

Total cash inflows

42 407 

42 931 

43 476 

44 017 

44 301 

 

 

 

 

 

 

Cash outflows

 

 

 

 

 

Employee benefits

(3 220)

(3 283)

(3 348)

(3 415)

(3 479)

Superannuation

(410)

(430)

(451)

(472)

(494)

Grants and subsidies

(271)

(276)

(282)

(472)

(482)

Transfer to the Public Account

(22 778)

(22 776)

(22 776)

(22 776)

(22 776)

Supplies and consumables

(3 150)

(3 160)

(3 175)

(3 185)

(3 208)

Other cash payments

(12 803)

(12 871)

(12 877)

(12 883)

(13 047)

Total cash outflows

(42 632)

(42 796)

(42 909)

(43 203)

(43 486)

 

 

 

 

 

 

Net cash from (used by) operating activities

(225)

135 

567 

814 

815 

 

 

 

 

 

 

Net increase (decrease) in cash and cash equivalents held

(225)

135 

567 

814 

815 

 

 

 

 

 

 

Cash and deposits at the beginning of the reporting period

24 029 

26 259 

26 394 

26 961 

27 775 

Cash and deposits at the end of the reporting period

23 804 

26 394 

26 961 

27 775 

28 590