092. adelphi house: lek consulting at the victorian state govt., australia
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INTEGRITY We are one of the most inclusive, multicultural and diverse
communities in the world. And we have much to be proud of. Premier 24 January 2003
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Acts of Parliament administered by the Premier
Administrative Arrangements Act 1983 provides for changes inadministrative arrangements for ministries, administrative units and officers
of administrative units.
Audit Act 1994 (excluding parts 3, 4 and 5 which are administeredby the Minister for Finance) provides for the conduct of efficient and
effective financial and performance audits in the Victorian public sector
and the examination of bodies that receive public grants, the review of theGovernment's estimated financial statements by the Auditor-General, the
provision of reports on those audits and reviews by the Auditor-General
to the Parliament and the administration and audit of the Victorian
Auditor-General's Office.
Australia Acts (Request) Act 1985 requests and consents toCommonwealth and United Kingdom legislation which severs remaining
constitutional links between Australia and Parliament, government and
judicial system in the United Kingdom.
Australia Act (Request) Act 1999 requests the amendment of theAustralia Act 1986 (Commonwealth) and the Australia Act 1986(United Kingdom) which will allow States to sever their links to the Crown
if a republic referendum is passed.
Commonwealth Arrangements Act 1958 relates to certainarrangements between the Commonwealth and the State of Victoria, in
particular those for the performance of duties by public servants and the
use of State property for purposes of the Commonwealth.
Constitution Act 1975 (excluding Part III and section 88 so far as itrelates to the appointment of Senior Counsel, Crown Counsel and Crown
Counsel (Advisings), which is administered by the Attorney-General)
relates to the Constitution of the State of Victoria including the powers
of the Governor, both Houses of Parliament, and the establishment of
a system of Local Government.
Constitutional Convention Act 1972 makes provision for costsand payment of allowances to Victorian delegates to the Constitutional
Convention.
Constitution (Metropolitan Ambulance Service RoyalCommission Report) Act 2001 provides for the publicationof the report of the Metropolitan Ambulance Service Royal Commission
during a non-sitting period of Parliament.
Electoral Act 2002, Division 1 of Part V (the Act is otherwiseadministered by the Attorney-General) provides for law relating to
elections in Victoria and establishes the Victorian Electoral Commission.
Essential Services Act 1958 provides for the continuation ofessential services during a declared state of emergency by permitting
certain measures to be implemented and by making certain activities illegal.
Gaming Machine Control Act 1991, section 138 establishes theCommunity Support Fund. The Act is otherwise administered by the
Minister for Gaming establishes a system for the regulation, supervision
and control of gaming machines and gaming equipment with the aims of
ensuring that gaming on gaming machines is conducted honestly, that the
management of gaming machines and gaming equipment is free from
criminal influence or exploitation and accommodates those who gamble
without harming themselves or others. Since the Machinery of Government
changes that took effect on 5 December 2002, section 138 of the Act is
now administered by the Minister for Victorian Communities.
Longford Royal Commission (Report) Act 1999 makes provision for the publication of the report of the Longford Royal
Commission which inquired into the gas explosion at the Longford
Refinery at East Gippsland on 25 September 1998.
Members of Parliament (Register of Interests) Act 1978 provides for a code of conduct dealing with the relationship between
a Member of Parliaments public duty and private interests and establishes
a Register of Members Interests.
Ombudsman Act 1973 provides for the appointment of anOmbudsman with power to investigate administrative actions taken in
government departments, statutory bodies, or by officers and employees
of municipal councils.
Parliamentary Committees Act 1968 provides for theestablishment of joint investigatory committees and for certain other
parliamentary committees and their powers and functions.
Parliamentary Officers Act 1975 provides for the appointmentand conditions of employment of officers of the Parliament.
Parliamentary Precincts Act 2001 makes provision for thecontrol, management and security of the Parliamentary precincts.
Parliamentary Salaries and Superannuation Act 1968
(excluding Part II, which is administered by the Minister for Finance)
provides for the salaries, allowances and superannuation to be paid
to Members of Parliament.
Project Development and Construction ManagementAct 1994, Parts 1, 2, 3 and 6 save for section 46 which is administeredby the Minister for Planning provides for the Premier to nominate
projects under the Act to expedite development.
Public Safety Preservation Act 1958 provides for the protectionof the community during a declared state of emergency in situations where
the public safety or order is threatened by the actions of persons.
Public Sector Management and Employment Act 1998 provides for the employment of agency heads and members of the public
sector.
Public Sector (Union Fees) Act 1992 provides the mechanismfor the deduction of union fees by employers from payments to employees
in the public sector.
Statute Law Revision Act 2000 This Act repeals more than 100redundant Acts, codifies administrative arrangement orders and corrects
a number of ambiguities or omissions found in other Acts to ensure that
the meaning is clear and reflects the intention of the Parliament.
Subordinate Legislation Act 1994 establishes a regime for themaking of Statutory Rules; provides for Statutory Rules to cease to have
effect 10 years after coming into operation.
Superannuation (Public Sector) Act 1992, Part 2 (the Act isotherwise administered by the Minister for Finance) allows for selected
provisions of the Act to be applied by Order in Council to other statutory
superannuation schemes established for employees of public authorities
in respect of executive officers.
The Constitution Amendment Act 1958 Sections 149(1), (2), (6),(7), 153, 154A and 155 (the remaining provisions are administered by the
Attorney-General) the sections for which responsibility is allocated to
the Premier relate to election periods.
appendix iacts of parliament
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Victorian Relief Committee Act 1958 relates to the Constitutionand powers of the Victorian Relief Committee, which is established to
distribute commodities and other goods to assist persons in distress. Since
the Machinery of Government changes that took effect on 5 December
2002, this Act is now administered by the Minister for Community Services.
Vital State Industries (Works and Services) Act 1992 protects the lawful conduct of economic activity vital to the interests
of Victorians and to enable persons who suffer damage from unlawful
interference with such activity to recover compensation.
Vital State Projects Act 1976 (excluding sections 5 to 16, whichprovisions are administered by the Attorney-General) relates to boycotts
of projects which have been declared to be vital state projects, except for
certain industrial disputes within the Commonwealth jurisdiction or which
have been approved by a compulsory secret ballot.
Wrongs (Public Contracts) Act 1981 provides for a legal remedyin favour of the Crown and certain other public authorities where damage
has been caused arising out of the breach of certain contracts for the
execution of major public works.
Acts of Parliament administered by the Minister
for the Arts
Arts Victoria Act 1972 provides for the appointment of theDirector, Arts Victoria and the Victorian Council of the Arts to provide
high-level advice and leadership in the implementation of the
Governments arts poli cy.
Film Act 2001 provides for the establishment of Film Victoriaand the Australian Centre for the Moving Image.
Geelong Performing Arts Centre Trust Act 1980 establishesthe Geelong Performing Arts Centre Trust.
Libraries Act 1988 (excluding Part 4 and section 53 in so far as itrelates to Part 4, which is administered by the Minister for Local
Government) establishes the Library Board of Victoria.
Museums Act 1983 establishes the Museums Board of Victoria.
National Gallery of Victoria Act 1966 establishes the Councilof Trustees of the National Gallery of Victoria.
Public Records Act 1973 establishes the Public Record Office anda Public Records Advisory Council for better preservation, management
and utilisation of the public records of the State. Since the Machinery of
Government changes that took effect on 5 December 2002, this Act is
now administered by the Minister for Victorian Communities.
Victorian Arts Centre Act 1979 establishes the VictorianArts Centre Trust.
Machinery of Government changes
As a result of the Machinery of Government changes that took effect on
5 December 2002, the portfolios of the Minister for MulticulturalAffairs and the Minister for Womens Affairs have been supportedby the Department for Victorian Communities since that date.
Legislative changes in 2002-2003
Constitution (Parliamentary Reform) Act 2003 amends theElectoral Act 2002 and the Constitution Act 1975 to provide forfixed four year terms for both the Legislative Assembly and the Legislative
Council, reduces the number of members of the Legislative Council,
removes the Legislative Councils power to block a supply bill, establishes
a new dispute settlement procedure about proposed legislation and allows
for the entrenchment of certain core provisions of the Constitution.
Constitution (Water Authorities) Act 2003 amends theConstitution Act 1975 to entrench in the Victorian Constitutionthe responsibility of public water authorities for ensuring the delivery
of water services.
Parliamentary Committees and Parliamentary Salaries andSuperannuation Acts (Amendment) Act 2003 amends theParliamentary Salaries and Superannuation Act 1968 to clarify
the entitlements of members of parliament to allowances under that Act
in respect of the period 30 November 2002 and 1 February 2003 and the
Parliamentary Committees Act 1968 to establish three new jointhouse committees and other amendments.
Bills which did not obtain passage in 2000-2001
Constitution (Parliamentary Reform) Bill 2002
Constitution (Water Authorities) Bill 2002
Regulations made and amended
Parliamentary Allowances Regulations 2003
Parliamentary Committees Regulations 2003
Members of Parliament (Register of Interests) Regulations 2003
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The Department is meeting its responsibilities in implementing
the Governments Privacy policies.
The Information Privacy Act 2000(IP Act) aims to increase public
confidence in the Government's ability to protect and manage the
personal information that it collects and stores. It also promotes the
free and appropriate exchange of information in our community.
The IP Act came into effect on 1 September 2001 and contains a set
of 10 information privacy principles (IPPs) which have been enforceable
from 1 September 2002.
The Health Records Act 2001 (HR Act), which came into force on 1 July
2002, aims to protect the privacy of health information and establishes
standards in the form of eleven Health Privacy Principles (HPPs). These
principles regulate the collection, handling, and disposal of health
information in public and private sectors. This includes health service
providers and other organisations that handle health information.
The Department and its service providers are committed to maintaining
the privacy of personal information and health records. The Department
has developed Information and Health Records Privacy Policies. A copy
of the Policies can be obtained by contacting the Privacy Officer on 9651
1280 or by writing to the Privacy Officer at:
Department of Premier and Cabinet
Level 2, 1 Treasury PlaceMELBOURNE VIC 3002
This section of the report contains information that is required to be
published annually under section 104 of the Whistleblowers Protection
Act 2001 (the Act).
a) The current procedures established by the Department of Premier
and Cabinet under Part 6 of the Act can be found on the following page
of this report;
b) The Department has received no disclosures during the year;
c) The Department has not referred any disclosures to the Ombudsman
for determination as to whether they are public interest disclosures during
the year;
d) The Ombudsman has not referred any disclosed matters to the
Department during the year;
e) The Department has not referred any disclosed matters to the
Ombudsman to investigate during the year;
f) The Ombudsman has not taken over any investigation of disclosed
matters from the Department during the year;
g) The Department has made no request under section 74 of the Act
to the Ombudsman to investigate disclosed matters during the year;
h) The Department has not declined to investigate a disclosed matter
during the year;
i) There have been no disclosed matters that were substantiated on
investigation. There has been no action required to be undertaken arising
from an investigation, since there have been no investigations; and
j) The Ombudsman has not made any recommendation under the Act
that relates to the Department.
Reporting Structure for the Department
of Premier and Cabinet
appendix iiiprivacy
appendix ivwhistleblowersprotection act 2001
Welfare ManagerSecretaryMr Terry Moran
ProtectedDisclosureCo-ordinatorMs Sharne Bryan
ProtectedDisclosure OfficerMs Isolde Forstmanis
Arts Victoria
Investigator
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Procedures under Section 68 for handling
disclosures under the Whistleblowers
Protection Act 2001
1. Statement of support to whistleblowers
The Department of Premier and Cabinet is committed to the aims and
objectives of the Whistleblowers Protection Act 2001 (the Act). It does not
tolerate improper conduct by its employees, officers or members, nor thetaking of reprisals against those who come forward to disclose such
conduct.
2. Purpose of these procedures
These procedures establish a system for reporting disclosures of improper
conduct or detrimental action by the Department of Premier and Cabinet
and its employees. The system enables such disclosures to be made to the
protected disclosure coordinator or to one of the nominated protected
disclosure officers. Disclosures may be made by employees or by members
of the public.
The Australia Day Committee adopts these procedures as if they
were their own.
These procedures are designed to complement normal communication
channels between supervisors and employees.
3. Objects of the Act
The Whistleblowers Protection Act 2001 commenced operation on
1 January 2002. The purpose of the Act is to encourage and facilitate the
making of disclosures of improper conduct by public officers and public
bodies. The Act provides protection to whistleblowers who make
disclosures in accordance with the Act, and establishes a system for the
matters disclosed to be investigated and rectifying action to be taken.
4. Definitions of key terms
Three key concepts in the reporting system are improper conduct,
corrupt conduct and detrimental action. Definitions of these terms are
set out below.
4.1 Improper conduct
A disclosure may be made about improper conduct by a public body
or public official. Improper conduct means conduct that is corrupt, a
substantial mismanagement of public resources, or conduct involving
substantial risk to public health or safety or to the environment. The
conduct must be serious enough to constitute, if proved, a criminal offense
or reasonable grounds for dismissal.
Examples
To avoid closure of a towns only industry, an environmental health officer
ignores or conceals evidence of illegal dumping of waste.
An agricultural officer delays or declines imposing quarantine to allow
a financially distressed farmer to sell diseased stock.
A building inspector tolerates poor practices and structural defectsin the work of a leading local builder.
4.2 Corrupt conduct
Corrupt conduct means:
> Conduct of any person (whether or not a public official) that
adversely affects the honest performance of a public officers or public
bodys functions;
> The performance of a public officers functions dishonestly
or with inappropriate partiality;
> Conduct of a public officer, former public officer or a public body that
amounts to a breach of public trust;
> Conduct by a public officer, former public officer or a public body that
amounts to the misuse of information or material acquired in the course
of the performance of their official functions; or
> A conspiracy or attempt to engage in the above conduct.
Examples
A public officer takes a bribe or receives a payment other than his
or her wages or salary in exchange for the discharge of a public duty.
A public officer favours unmeritorious applications for jobs or permits
by friends and relatives.
A public officer sells confidential information.
4.3 Detrimental action
The Act makes it an offense for a person to take detrimental action against
a person in reprisal for a protected disclosure. Detrimental action includes:
> Action causing injury, loss or damage;
> Intimidation or harassment; and
> Discrimination, disadvantage or adverse treatment in relation to a
persons employment, career, profession, trade or business, including
the taking of disciplinary action.
Examples
A public body refuses a deserved promotion of a person who makes
a disclosure.
A public body demotes, transfers, isolates in the workplace or changes
the duties of a whistleblower due to the making of a disclosure.
A person threatens, abuses or carries out other forms of harassment
directly or indirectly against the whistleblower, his or her family or friends.
A public body discriminates against the whistleblower or his or her family
and associates in subsequent applications for jobs, permits or tenders.
appendix ivwhistleblowersprotection act 2001
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5. The reporting system
5.1 Contact persons within the Department of Premier and Cabinet
Disclosures of improper conduct or detrimental action by the Department of Premier and Cabinet or employees of the Department, may be made to the
following officers:
> The protected disclosure coordinator and protected disclosure officer for the Department, Ms Sharne Bryan, Senior Legal Adviser, Level 2, 1 Treasury
Place, Melbourne Tel: 9651 5165.
> The protected disclosure officer for Arts Victoria, Ms Isolde Forstmanis, Government and Information, Arts Victoria, Level 6, 2 Kavanagh Street, SouthbankTel: 9954 5072.
Following is a register of the Public Bodies and Public Officers for whom the Department of Premier and Cabinet has responsibility. Disclosures of improper
conduct or detrimental action may be made to the protected disclosure officers nominated by the public bodies listed below. Disclosures of improper
conduct or detrimental action may also be made to the Ombudsman.
Public Body Address PDO Contact PDO Phone
Australia Day Committee Level 6, 2 Kavanagh Street Ms Isolde Forstmanis 9954 5072
Southbank 3006 Government and Information,
Arts Victoria
Film Victoria Level 7, 189 Flinders Lane Ms Sandra Sdraulig 9660 3200
Melbourne 3000 Chief Executive Officer
Australian Centre for the Moving Image 196 Flinders Street Melbourne 3000 Ms Catherine Dynan 8663 2256
Executive Services Manager
Geelong Performing Arts Centre Trust 50 Little Malop Street (PO Box 991) Ms Patricia Murdock 03 5271 1212
Geelong 3220 Manager
Library Board of Victoria 328 Swanston Street Melbourne 3000 Ms Kate Brown Secretary 8664 7505
Museums Board of Victoria 11 Nicholson Street Carlton 3053 Ms Gillian Hoysted Manager 8341 7746
(GPO Box 666E Melbourne 3001) Human Resources
Council of Trustees of the National 112 Macaulay Road North Melbourne 3051 Ms Robyn Worsnop 9208 0274Gallery of Victoria (PO Box 7259 Melbourne 8004)
Victorian Arts Centre Trust 100 St Kilda Rd Melbourne 3004 Mr Warwick Knight 9281 8340
(PO Box 7585 Melbourne 8004)
Victorian Council of the Arts Level 6, 2 Kavanagh Street Southbank 3006 Mr Michael Nation 9954 5053
(Pri vat e Bag 1 South Me lbour ne 3205 ) Secre ta ry
Office of the Governor Government House Melbourne 3004 Ms Louise Kinder 9655 4230
Executive Officer
Office of the Chief Parliamentary Counsel Level 2, 1 Macarthur Street Melbourne 3002 Mr Terry Evans Manager, 9651 2192
Business Administration
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5.2 Alternative contact persons
A disclosure about improper conduct or detrimental action by the Department of Premier and Cabinet or employees of the Department, may also be made
directly to the Ombudsman:
The Ombudsman Victoria
Level 22, 459 Collins Street
Melbourne Victoria 3000
(DX 210174)
Internet: www.ombudsman.vic.gov.au
Email: ombudvic@ombudsman.vic.gov.au
Tel: 9613 6222
Toll Free: 1800 806 314
Acting Ombudsman: Mr Robert Seamer Tel: (03) 9613 6202
The following table sets out where disclosures about persons other than employees of the Department of Premier and Cabinet should be made.
Person who is the subject of the disclosure Person/body to whom the disclosure must be made
Employee of a public body That public body or the Ombudsman
Member of Par liament (Legis lative Assembly) Speaker of the Legislat ive Assembly
Member of Par liament (Legislat ive Council ) President of the Legis lative Council
Councillor The Ombudsman
Chief Commissioner of Police The Ombudsman or Deputy Ombudsman
Member of the police force The Ombudsman, Deputy Ombudsman or Chief Commissioner of Police
appendix ivwhistleblowersprotection act 2001
Public Officers Address PDO Contact PDO Phone
Chief Parliamentary Counsel Level 2, 1 Macarthur Street Melbourne 3002 Mr Terry Evans Manager 9651 2192
Business Administration
Secretary of the Department of Premier and Cabinet Level 2, 1 Treasury Place Melbourne 3002 Ms Sharne Bryan 9651 5165
Senior Legal Adviser
Official Secretary Office of the Governor Government House Melbourne 3004 Ms Louise Kinder 9655 4230
Executive Officer
Where a person is contemplating making a disclosure and is concerned about approaching the protected disclosure coordinator or a protected disclosure
officer in the workplace, he or she can call the relevant officer and request a meeting in a discreet location away from the workplace.
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6. Roles and responsibilities
6.1 Employees
Employees are encouraged to report known or suspected incidences
of improper conduct or detrimental action in accordance with
these procedures.
All employees of the Department of Premier and Cabinet have an
important role to play in supporting those who have made a legitimate
disclosure. They must refrain from any activity that is, or could be
perceived to be, victimisation or harassment of a person who makes
a disclosure. Furthermore, they should protect and maintain the
confidentiality of a person they know or suspect to have made
a disclosure.
6.2 Protected disclosure officers
Protected disclosure officers will:
> Be a contact point for general advice about the operation of the Act
for any person wishing to make a disclosure about improper conduct
or detrimental action;
> Make arrangements for a disclosure to be made privately and discreetly
and, if necessary, away from the workplace;
> Receive any disclosure made orally or in writing (from internal
and external whistleblowers);
> Commit to writing any disclosure made orally;
> Impartially assess the allegation and determine whether it is a
disclosure made in accordance with Part 2 of the Act (that is,
a protected disclosure);
> Take all necessary steps to ensure the identity of the whistleblower and
the identity of the person who is the subject of the disclosure are kept
confidential; and
> Forward all disclosures and supporting evidence to the protected
disclosure coordinator.
6.3 Protected disclosure coordinator
The protected disclosure coordinator has a central clearinghouse role
in the internal reporting system. He or she will:
> Receive all disclosures forwarded from the protected disclosure officers;
> Receive all phone calls, emails and letters from members of the public
or employees seeking to make a disclosure;
> Impartially assess each disclosure to determine whether it is a public
interest disclosure;
> Refer all public interest disclosures to the Ombudsman;
> Be responsible for carrying out, or appointing an investigator to carry
out, an investigation referred to the public body by the Ombudsman;
> Be responsible for overseeing and coordinating an investigation where
an investigator has been appointed;
> Appoint a welfare manager to support the whistleblower and to protect
him or her from any reprisals;
> Advise the whistleblower of the progress of an investigation into
the disclosed matter;
> Establish and manage a confidential filing system;
> Collate and publish statistics on disclosures made;
> Take all necessary steps to ensure the identity of the whistleblower and
the identity of the person who is the subject of the disclosure are kept
confidential; and
> Liaise with the chief executive officer of the public body.
6.4 InvestigatorThe investigator will be responsible for carrying out an internal
investigation into a disclosure where the Ombudsman has referred
a matter to the public body. An investigator may be a person from within
an organisation or a consultant engaged for that purpose.
6.5 Welfare manager
The welfare manager is responsible for looking after the general welfare
of the whistleblower. The welfare manager will:
> Examine the immediate welfare and protection needs of a whistleblower
who has made a disclosure and seek to foster a supportive work
environment;
> Advise the whistleblower of the legislative and administrative
protections available to him or her;
> Listen and respond to any concerns of harassment, intimidation
or victimisation in reprisal for making disclosure; and
> Ensure the expectations of the whistleblower are realistic.
7. Confidentiality
The Department of Premier and Cabinet will take all reasonable steps
to protect the identity of the whistleblower. Maintaining confidentiality
is crucial in ensuring reprisals are not made against a whistleblower.
The Act requires any person who receives information due to the handling
or investigation of a protected disclosure, not to disclose that information
except in certain limited circumstances. Disclosure of information in breach
of section 22 constitutes an offense that is punishable by a maximum fine
of 60 penalty units ($6000) or six months imprisonment or both.
The circumstances in which a person may disclose information obtained
about a protected disclosure include:
> Where exercising the functions of the public body under the Act;
> When making a report or recommendation under the Act;
> When publishing statistics in the annual report of a public body; and
> In criminal proceedings for certain offenses in the Act.
However, the Act prohibits the inclusion of particulars in any report
or recommendation that is likely to lead to the identification of the
whistleblower. The Act also prohibits the identification of the person
who is the subject of the disclosure in any particulars included in an
annual report.
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The Department of Premier and Cabinet will ensure all files, whether paper
or electronic, are kept securely and can only be accessed by the protected
disclosure coordinator, protected disclosure officer, the investigator or
welfare manager (in relation to welfare matters) where appropriate. All
printed material will be kept in files that are clearly marked as a
Whistleblower Protection Act matter, and warn of the criminal penalties
that apply to any unauthorised divulging information concerning a
protected disclosure. All electronic files will be produced and stored in
a separate secure designated directory and be given password protection
which is accessible only by the protected disclosure coordinator. All
materials relevant to an investigation, such as tapes from interviews,
will also be stored securely with the whistleblower files.
The Department of Premier and Cabinet will not email documents relevant
to a whistleblower matter and will ensure all phone calls and meetings are
conducted in private.
8. Collating and publishing statistics
The protected disclosure coordinator will establish a secure register
to record the information required to be published in the annual report,
and to generally keep account of the status of whistleblower disclosures.
The register will be confidential and will not record any information that
may identify the whistleblower.
The register will contain the following information:
> The number and types of disclosures made to public bodies during
the year;
> The number of disclosures referred to the Ombudsman for
determination as to whether they are public interest disclosures;
> The number and types of disclosed matters referred to the public body
by the Ombudsman for investigation;
> The number and types of disclosures referred by the public body
to the Ombudsman for investigation;
> The number and types of investigations taken over from the public body
by the Ombudsman;
> The number of requests made by a whistleblower to the Ombudsman
to take over an investigation by the public body;
> The number and types of disclosed matters that the public body has
declined to investigate;
> The number and types of disclosed matters that were substantiated
upon investigation and the action taken on completion of the
investigation; and
> Any recommendations made by the Ombudsman that relate
to the public body.
9. Receiving and assessing disclosures
9.1 Has the disclosure been made in accordancewith Part 2 of the Act?
Where a disclosure has been received by the protected disclosure officeror by the protected disclosure coordinator, he or she will assess whether
the disclosure has been made in accordance with Part 2 of the Act and is,
therefore, a protected disclosure.
9.1.1 Has the disclosure been made to theappropriate person?
For the disclosure to be responded to by the Department of Premier
and Cabinet, it must concern an employee, member or officer of the
Department of Premier and Cabinet. If the disclosure concerns an
employee, officer or member of another public body, the person who
has made the disclosure must be advised of the correct person or body
to whom the disclosure should be directed (see the table in 5.2). If the
disclosure has been made anonymously, it should be referred
to the Ombudsman.
9.1.2 Does the disclosure contain the essential elementsof a protected disclosure?
To be a protected disclosure, a disclosure must satisfy the following
criteria:
> Did a natural person (that is, an individual person rather than
a corporation) make the disclosure?
> Does the disclosure relate to conduct of a public body or public officer
acting in their official capacity?
> Is the alleged conduct either improper conduct or detrimental action
taken against a person in reprisal for making a protected disclosure?
> Does the person making a disclosure have reasonable grounds
for believing the alleged conduct has occurred?
Where a disclosure is assessed to be a protected disclosure, it is referred
to the protected disclosure coordinator. The protected disclosure
coordinator will determine whether the disclosure is a public interest
disclosure.
Where a disclosure is assessed not to be a protected disclosure, the
matter does not need to be dealt with under the Act. The protected
disclosure officer will decide how the matter should be responded
to in consultation with the protected disclosure coordinator.
9.2 Is the disclosure a public interest disclosure?
Where the protected disclosure officer or coordinator has received
a disclosure that has been assessed to be a protected disclosure, the
protected disclosure coordinator will determine whether the disclosure
amounts to a public interest disclosure. This assessment will be made
within 45 days of the receipt of the disclosure. In reaching a conclusion
as to whether a protected disclosure is a public interest disclosure, the
protected disclosure coordinator will consider whether the disclosure
shows, or tends to show, that the public officer to whom the
disclosure relates:
> Has engaged, is engaging or proposes to engage in improper conduct
in his or her capacity as a public officer; or
> Has taken, is taking or proposes to take detrimental action in reprisal
for the making of the protected disclosure.
Where the protected disclosure coordinator concludes that the disclosure
amounts to a public interest disclosure, he or she will:
1. Notify the person who made the disclosure of that conclusion; and
2. Refer the disclosure to the Ombudsman for formal determination
as to whether it is indeed a public interest disclosure.
Where the protected disclosure coordinator concludes that the disclosure
is not a public interest disclosure, he or she will:
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1. Notify the person who made the disclosure of that conclusion; and
2. Advise that person that he or she may request the public body to refer
the disclosure to the Ombudsman for a formal determination as to whether
the disclosure is a public interest disclosure, and that this request must be
made within 28 days of the notification.
In either case, the protected disclosure coordinator will make the
notification and the referral within 14 days of the conclusion being reached
by the public body. Notification to the whistleblower is not necessary
where the disclosure has been made anonymously.
10. Investigations
10.1 Introduction
Where the Ombudsman refers a protected disclosure to the Department
of Premier and Cabinet for investigation, the protected disclosure
coordinator will appoint an investigator to carry out the investigation.
The objectives of an investigation will be:
> To collate information relating to the allegation as quickly as possible.
This may involve taking steps to protect or preserve documents,
materials and equipment;
> To consider the information collected and to draw conclusions
objectively and impartially;
> To maintain procedural fairness in the treatment of witnesses and
the person who is the subject of the disclosure; and
> To make recommendations arising from the conclusions drawn
concerning remedial or other appropriate action.
10.2 Terms of reference
Before commencing an investigation, the protected disclosure coordinator
will draw up terms of reference and obtain authorisation for those terms by
the Secretary of the Department. The terms of reference will set a date by
which the investigation report is to be concluded, and will describe the
resources available to the investigator to complete the investigation within
the time set. The protected disclosure coordinator may approve, if
reasonable, an extension of time requested by the investigator. The terms
of reference will require the investigator to make regular reports to theprotected disclosure coordinator who, in turn, is to keep the Ombudsman
informed of general progress.
10.3 Investigation plan
The investigator will prepare an investigation plan for approval by the
protected disclosure coordinator. The plan will list the issues to be
substantiated and describe the avenue of inquiry. It will address the
following issues:
> What is being alleged?
> What are the possible findings or offenses?
> What are the facts in issue?
> How is the inquiry to be conducted?
> What resources are required?
At the commencement of the investigation, the whistleblower should be:
> Notified by the investigator that he or she has been appointed to
conduct the investigation;
> Asked to clarify any matters; and
> Provide any additional material he or she might have.
The investigator will be sensitive to the whistleblowers possible fear
of reprisals and will be aware of the statutory protections provided
to the whistleblower.
10.4 Natural justice
The principles of natural justice will be followed in any investigation
of a public interest disclosure. The principles of natural justice concern
procedural fairness and ensure a fair decision is reached by an objectivedecision maker. Maintaining procedural fairness protects the rights of
individuals and enhances public confidence in the process.
The Department of Premier and Cabinet will have regard to the following
issues in ensuring procedural fairness:
> The person who is the subject of the disclosure is entitled to know
the allegations made against him or her and must be given the right
to respond. (This does not mean the person must be advised of the
allegation as soon as the disclosure is received or the investigation
has commenced);
> If the investigator is contemplating making a report adverse to the
interests of any person, that person should be given the opportunity
to put forward further material that may influence the outcome of the
report and that persons defence should be fairly set out in the report;
> All relevant parties to a matter should be heard and all submissions
should be considered;
> A decision should not be made until all reasonable inquiries have
been made;
> The investigator or any decision maker should not have a personal
or direct interest in the matter being investigated;
> All proceedings must be carried out fairly and without bias. Care should
be taken to exclude perceived bias from the process; and
> The investigator must be impartial in assessing the credibility of the
whistleblowers and any witnesses. Where appropriate, conclusions
as to credibility should be included in the investigation report.
10.5 Conduct of the investigation
The investigator will make contemporaneous notes of all discussions and
phone calls, and all interviews with witnesses will be taped. All information
gathered in an investigation will be stored securely. Interviews will be
conducted in private and the investigator will take all reasonable steps to
protect the identity of the whistleblower. Where disclosure of the identity
of the whistleblower cannot be avoided, due to the nature of the
allegations, the investigator will warn the whistleblower and his
or her welfare manager of this probability.
It is in the discretion of the investigator to allow any witness to have legal
or other representation or support during an interview.
10.6 Referral of an investigation to the Ombudsman
The protected disclosure coordinator will make a decision regarding
the referral of an investigation to the Ombudsman where, on the adviceof the investigator:
> The investigation is being obstructed by, for example, the
non-cooperation of key witnesses; or
> The investigation has revealed conduct that may constitute
a criminal offense.
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10.7 Reporting requirements
The protected disclosure coordinator will ensure the whistleblower is kept
regularly informed concerning the handling of a protected disclosure and
an investigation.
The protected disclosure coordinator will report to the Ombudsman about
the progress of an investigation.
Where the Ombudsman or the whistleblower requests information about
the progress of an investigation, that information will be provided within
28 days of the date of the request.
11. Action taken after an investigation
11.1 Investigators final report
At the conclusion of the investigation, the investigator will submit a written
report of his or her findings to the protected disclosure coordinator.
The report will contain:
> The allegation/s;
> An account of all relevant information received and, if the investigator
has rejected evidence as being unreliable, the reasons for this opinion
being formed;
> The conclusions reached and the basis for them; and
> Any recommendations arising from the conclusions.
Where the investigator has found that the conduct disclosed by the
whistleblower has occurred, recommendations made by the investigator
will include:
> The steps that need to be taken by the Department of Premier and
Cabinet to prevent the conduct from continuing or occurring in the
future; and
> Any action that should be taken by the Department of Premier and
Cabinet to remedy any harm or loss arising from the conduct. This action
may include bringing disciplinary proceedings against the person
responsible for the conduct, and referring the matter to an appropriate
authority for further consideration.
The report will be accompanied by:
> The transcript or other record of any oral evidence taken, including
tape recordings; and
> All documents, statements or other exhibits received by the officer
and accepted as evidence during the course of the investigation.
Where the investigators report is to include an adverse comment against
any person, that person will be given the opportunity to respond and his
or her defence will be fairly included in the report.
The report will not disclose particulars likely to lead to the identification
of the whistleblower.
11.2 Action to be taken
If the protected disclosure coordinator is satisfied that the investigation
has found that the disclosed conduct has occurred, he or she will
recommend to the Secretary the action that must be taken to prevent
the conduct from continuing or occurring in the future. The protected
disclosure coordinator may also recommend that action be taken to
remedy any harm or loss arising from the conduct.
The protected disclosure coordinator will provide a written report
to the Premier or the Minister for the Arts (whomever is appropriate),
the Ombudsman and the whistleblower setting out the findings of
the investigation and any remedial steps taken.
Where the investigation concludes that the disclosed conduct did not
occur, the protected disclosure coordinator will report these findings
to the Ombudsman and to the whistleblower.
12. Managing the welfare of the whistleblower12.1 Commitment to protecting whistleblowers
The Department of Premier and Cabinet is committed to the protection
of genuine whistleblowers against detrimental action taken in reprisal for
the making of protected disclosures. The protected disclosure coordinator
is responsible for ensuring whistleblowers are protected from direct and
indirect detrimental action, and that the culture of the workplace is
supportive of protected disclosures being made.
The protected disclosure coordinator will appoint a welfare manager
to all whistleblowers who have made a protected disclosure. The welfare
manager will:
> Examine the immediate welfare and protection needs of a whistleblower
who has made a disclosure and, where the whistleblower is an employee,
seek to foster a supportive work environment;
> Advise the whistleblower of the legislative and administrative
protections available to him or her;
> Listen and respond to any concerns of harassment, intimidation or
victimisation in reprisal for making disclosure;
> Keep a contemporaneous record of all aspects of the case management
of the whistleblower including all contact and follow-up action; and
> Ensure the expectations of the whistleblower are realistic.
All employees will be advised that it is an offense for a person to take
detrimental action in reprisal for a protected disclosure. The maximum
penalty is a fine of 240 penalty units ($24,000) or two years imprisonment
or both. The taking of detrimental action in breach of this provision can
also be grounds for making a disclosure under the Act and can resultin an investigation.
Detrimental action includes:
> Causing injury, loss or damage;
> Intimidation or harassment; and
> Discrimination, disadvantage or adverse treatment in relation
to a persons employment, career, profession, trade or business
(including the taking of disciplinary action).
12.2 Keeping the whistleblower informed
The protected disclosure coordinator will ensure the whistleblower is kept
informed of action taken in relation to his or her disclosure, and the time
frames that apply. The whistleblower will be informed of the objectives of
an investigation, the findings of an investigation, and the steps taken by
the Department of Premier and Cabinet to address any improper conduct
that has been found to have occurred. The whistleblower will be given
reasons for decisions made by the Department of Premier and Cabinet
in relation to a protected disclosure. All communication with the
whistleblower will be in plain English.
appendix ivwhistleblowersprotection act 2001
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12.3 Occurrence of detrimental action
If a whistleblower reports an incident of harassment, discrimination
or adverse treatment that would amount to detrimental action taken
in reprisal for the making of the disclosure, the welfare manager will:
> Record details of the incident;
> Advise the whistleblower of his or her rights under the Act; and
> Advise the protected disclosure coordinator or chief executive officerof the detrimental action.
The taking of detrimental action in reprisal for the making of a disclosure
can be an offense against the Act as well as grounds for making a further
disclosure. Where such detrimental action is reported, the protected
disclosure coordinator will assess the report as a new disclosure under
the Act. Where the protected disclosure coordinator is satisfied that
the disclosure is a public interest disclosure, he or she will refer it to the
Ombudsman. If the Ombudsman subsequently determines the matter
to be a public interest disclosure, the Ombudsman may investigate the
matter or refer it to another body for investigation as outlined in the Act.
12.4 Whistleblowers implicated in improper conduct
Where a person who makes a disclosure is implicated in misconduct, the
Department of Premier and Cabinet will handle the disclosure and protect
the whistleblower from reprisals in accordance with the Act, theOmbudsmans guidelines and these procedures. The Department of
Premier and Cabinet acknowledges that the act of whistleblowing should
not shield whistleblowers from the reasonable consequences flowing from
any involvement in improper conduct. Section 17 of the Act specifically
provides that a persons liability for his or her own conduct is not affected
by the persons disclosure of that conduct under the Act. However, in some
circumstances, an admission may be a mitigating factor when considering
disciplinary or other action. The Secretary of the Department will make the
final decision on the advice of the protected disclosure coordinator as to
whether disciplinary or other action will be taken against a whistleblower.
Where disciplinary or other action relates to conduct that is the subject of
the whistleblowers disclosure, the disciplinary or other action will only be
taken after the disclosed matter has been appropriately dealt with.
In all cases where disciplinary or other action is being contemplated,
the Secretary of the Department must be satisfied that it has been clearly
demonstrated that:
> The intention to proceed with disciplinary action is not causally
connected to the making of the disclosure (as opposed to the content
of the disclosure or other available information);
> There are good and sufficient grounds that would fully justify action
against any non-whistleblower in the same circumstances; and
> There are good and sufficient grounds that justify exercising any
discretion to institute disciplinary or other action.
The protected disclosure coordinator will thoroughly document the
process including recording the reasons why the disciplinary or other
action is being taken, and the reasons why the action is not in retribution
for the making of the disclosure. The protected disclosure coordinator will
clearly advise the whistleblower of the proposed action to be taken, and
of any mitigating factors that have been taken into account.
13. Management of the person against whom a disclosurehas been made
The Department of Premier and Cabinet recognises that employees
against whom disclosures are made must also be supported during the
handling and investigation of disclosures. The Department of Premier
and Cabinet will take all reasonable steps to ensure the confidentiality
of the person who is the subject of the disclosure during the assessment
and investigation process. Where investigations do not substantiate
disclosures, the fact that the investigation has been carried out, the resultsof the investigation, and the identity of the person who is the subject
of the disclosure will remain confidential.
The protected disclosure coordinator will ensure the person who is the
subject of any disclosure investigated by or on behalf of a public body:
> Is informed as to the substance of the allegations;
> Is given the opportunity to answer the allegations before a final
decision is made;
> Is informed as to the substance of any adverse comment that may
be included in any report arising from the investigation; and
> Has his or her defence set out fairly in any report.
Where the allegations in a disclosure have been investigated, and the
person who is the subject of the disclosure is aware of the allegationsor the fact of the investigation, the protected disclosure coordinator will
formally advise the person who is the subject of the disclosure of the
outcome of the investigation.
The Department of Premier and Cabinet will give its full support
to a person who is the subject of a disclosure where the allegations
contained in a disclosure are clearly wrong or unsubstantiated. If the
matter has been publicly disclosed, the Secretary of the Department
of Premier and Cabinet will consider any request by that person to issue
a statement of support setting out that the allegations were clearly
wrong or unsubstantiated.
14. Criminal offenses
The Department of Premier and Cabinet will ensure officers appointed
to handle protected disclosures and all other employees are aware
of the following offenses created by the Act:
1. It is an offense for a person to take detrimental action against
a person in reprisal for a protected disclosure being made. The Act
provides a maximum penalty of a fine of 240 penalty units ($24,000)
or two years imprisonment or both.
2. It is an offense for a person to divulge information obtained as a result
of the handling or investigation of a protected disclosure without
legislative authority. The Act provides a maximum penalty of 60 penalty
units ($6,000) or six months imprisonment or both.
3. It is an offense for a person to obstruct the Ombudsman in performing
his responsibilities under the Act. The Act provides a maximum penalty
of 240 penalty units ($24,000) or two years imprisonment or both.
4. It is an offense for a person to knowingly provide false informationunder the Act with the intention that it be acted on as a disclosed matter.
The Act provides a maximum penalty of 240 penalty units ($24,000) or two
years imprisonment or both.
15. Review
These procedures will be reviewed annually to ensure they meet the
objectives of the Act and accord with the Ombudsmans guidelines.
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Strategic Policy Advice and Projects
Description of the Output Group
These outputs contribute to the Growing Victoria Together(GVT) initiative through providing quality policy advice that contributes to all GVT strategies and
also acts as a conjoint to link policy initiatives that span more that one GVT strategy. The outputs also make significant contributions to the provision of
high quality policy advice to the Premier and Government Departmental Objective.
The outputs involve the provision of advice to the Premier and Cabinet on all aspects of policy including the Governments medium term strategic
directions. This involves advice on issues as they arise, policy co-ordination and analysis, consultation with key internal and external stakeholders and
leadership in long-term policy development and research.
Departmental Objectives to which the Output Group contributes
> Provision of high quality policy advice to the Premier and Government
Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Strategic Policy Advice Provides strategic policy analysis and advice to the Premier on all matters affecting his role as Head of Government and
administrative support for the operation of the Cabinet, Cabinet Committees and Executive Council and for the Governments relationship with Parliament;
and assists the Premier in identifying emerging issues, carrying out practical forward planning, reviewing policy and assessing the impact Government
decisions and actions.
QUANTITY Number of briefs number 2,000 5,161
QUALITY Client satisfaction with brief provided per cent 100 100
TIMELINESS Cabinet submission and briefing per cent 100 100
requests met by due-by date
Planned policy briefings completed per cent 95 95
within agreed timelines
COST Total output cost $ million 29.0 26.2
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Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Policy Leadership Projects On behalf of the Premier lead and participate in policy projects including development and coordination of new initiatives;
and manage the implementation of the Growing Victoria Togetherstrategy and other strategic policy initiatives.
QUANTITY Number of policy leadership projects number 30 36
Development of the GVT outcomes report for the public number 1 1
Minimum student numbers for the Masters of Public number 58 39
Administration program from Victoria
Minimum student numbers for the Executive Fellows number 30 0
Program from Victoria
Number of strategic people management unit briefs number 90 205
Number of strategic people management projects number 13 13
QUALITY Per cent of policy leadership projects managed per cent 100 91
within approved framework
Satisfaction with policy leadership project outcomes per cent 95 95
Satisfaction with strategic people management briefs per cent 90 90
TIMELINESS Policy leadership projects completed within per cent 90 85
required timelines
Development of the Growing Victoria Together (GVT) per cent 100 100
outcomes report within required timeframe
Advice in relation to strategic people management Cabinet per cent 100 100
submissions and briefing requests met by due by date
COST Total output cost $ million 10.0 6.3
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Community Engagement and Government Information
Description of the Output Group
These outputs make significant contributions to the develop and lead whole of government initiatives to ensure effective outcomes for all Victorians
Departmental Objective. The individual outputs involve the provision of policies, services and information to the community that emphasises a joined-up
approach to Government service provision.
Departmental Objectives to which the Output Group contributes
Develop and lead Whole of Government initiatives to ensure effective outcomes for all Victorians
Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Protocol and Special Events Initiate, plan and implement diplomatic and business visits, hospitality events and special projects including government
sponsored programs and activities and provision of advice in relation to these matters.
QUANTITY Number of official visitors to Victoria number 35 70
Number of annual special events number 4 12
High-quality nominations to be available for the number 25 29
biannual meeting of the Public Service Medal Committee
Number of hospitality events number 40 59
QUALITY Sensitive visitor dignity security achieved per cent 100 100
Level of support from the public for all special per cent 95 95
events which are a departmental responsibility
Congratulatory messages and promotional material per cent 100 100
are relevant and accurate
TIMELINESS Timely delivery of events, functions and visit arrangements per cent 100 100
Congratulatory messages and promotional material per cent 100 100are delivered on time
COST Total output cost $ million 2.1 2.1
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Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Government Information Services and Support Continuously improve communications and information about government policies, programs and
services with the Victorian public and across government.
QUANTITY Number of briefs number 30 10
Develop communications resource products, standards per cent 85 85
and guidelines in response to identified Government requirements
Public contact per contact officer per day number 30 19
QUALITY Client satisfaction of advice provided per cent 90 90
Departmental client/stakeholder satisfaction per cent 85 85
Public client satisfaction per cent 85 85
Communications products as required per cent 85 85
TIMELINESS Products developed within identified timeframes per cent 85 85
Timely provision of public information per cent 90 90
Cabinet submissions and briefs met by due date per cent 90 90
COST Total output cost $ million 22.3* 18.5*
*This figure includes Information Victoria for period July 2002 to December 2002. Now transferred to the Department for Victorian Communities.
The following list include those outputs and functions transferred to other departments:
Output Name Department Name
Multicultural Affairs Department for Victorian Communities
Womens Policy Department for Victorian Communities
Community Support Fund Department for Victorian Communities
Revenues and expenses associated with outputs that were transferred out of the department have been recorded in the financial report for the period
1 July 2002 to 31 December 2002.
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Arts and Cultural Development
Description of the Output Group
These outputs contribute to the Growing Victoria Together(GVT) initiative through the following GVT strategies:
> Building cohesive communities and reducing inequalities
> Valuing and investing in lifelong education
> More jobs and thriving, innovative industries across Victoria
> Promoting rights and respecting diversity
> Growing and linking all of Victoria
The outputs also make significant contributions to the deliver services and programs to enhance the contribution of creative industries within the Victorian
community Departmental Objective. The individual outputs relate to the development of the Victorian arts and cultural sector through the provision of
industry assistance programs, infrastructure development and policy advice.
Departmental Objectives to which the Output Group contributes
Delivering services and programs to enhance the contribution of creative industries within the Victorian community
Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Arts Development and Access Support for the creation and presentation of arts product and for the development of artists and arts organisations
and for the expansion of access to a diverse range of arts experiences.
QUANTITY Diverse range of product, producers and cultural
venues supported:
Organisations recurrently funded number 99 102
Regionally-based organisations recurrently funded number 38 37
Project companies and artists funded number 320 341
Proportion of project companies and artists per cent 20 31
funded which are regionally based
Access to a diverse range of supported projects:
Local festivals funded number 23 22
Regional Touring Victoria destinations number 55 58
Artist residences in schools number 28 38
Attendances at Major Performing Arts Organisations number 880,000 993,000
Attendances at Major Festivals number 1,950,000 1,948,000
International markets accessed number 12 23
QUALITY Grant recipients who met or exceeded per cent 85 82
agreed outcomes
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Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
TIMELINESS Arts Development applications processed days 60 31
for Ministerial consideration
All other applications processed days 40 16
for Ministerial consideration
Performance and grant agreements acquitted within per cent 80 73
90 days of project completion
COST Total output cost $ million 24.6 27.6
Infrastructure and cultural facilities support for Victorian cultural venues and state-owned facilities.
QUANTITY Major projects managed number 5 5
Risk-Management Programs in place number 3 3
Infrastructure-Development Programs number 5 6
Agency Building Asset Management Plans number 3 2
Infrastructure and cultural facilities funding programs number 2 2
QUALITY Success measures of projects achieved per cent 90 94
TIMELINESS Performance and grant agreements completed per cent 90 81
within agreed timeframes
COST Total output cost $ million 80.8 90.6
Arts services and policy provision of agencies governance, policy implementation and advice, research, planning and communications services
across the portfolio.
QUANTITY Agencies governance projects number 5 6
Planning and research projects number 11 11
Ministerial briefs number 700 629
QUALITY Level of satisfaction with policy advice per cent 95 96
Public information rated Informative or Very Informative per cent 90 91
TIMELINESS Annual Reports submitted to Parliament by date Oct 2002 Apr 2003
COST Total output cost: $ million 2.5 2.8
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Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Arts Portfolio Agencies Promotion, presentation and preservation of our heritage and the arts through Victorias cultural agencies: Australian Centre for
the Moving Image, Film Victoria, Geelong Performing Arts Centre, Museum Victoria, National Gallery of Victoria, Public Record Office Victoria, State Library
of Victoria and the Victorian Arts Centre.
QUANTITY Visitors/users to all Agencies number 8,545,000 7,984,000
Visitors to Museum Victoria number 1,135,000 1,065,236
Visitors to the Australian Centre for the Moving number 800,000 612,000
Image at Federation Square
Online access to Agency websites number of user sessions 4,210,000 6,338,000
State Library of Victoria online access number of user sessions 1,200,000 1,767,085
Members, friends and volunteers at all Agencies number 22,000 19,130
Education, Outreach or Regional Audience number 240 321
Development Programs
Education, Outreach or Regional Audience Development number 14 14
programs at the Geelong Performing Arts Centre
Performances at the Victorian Arts Centre number 1,450 1,657
Value of film, television and new media production $ million 70 93
supported by Film Victoria programs
Additional employment from production number of FTEs 1,960 3,441
supported by Film Victoria
QUALITY Museum VictoriaCustomer satisfaction with public programs per cent 95 92
and services satisfied or above
National Gallery of Victoria
Customer satisfaction with public programs and services per cent 95 97
State Library of Victoria
Customer satisfaction with services and programs per cent 90 86
good to excellent
TIMELINESS Agency service delivery time benchmarks met:
Australian Centre for the Moving Image per cent 100 100
Video bookings processed within 48 hours
COST Total output cost: $ million 203.0* 192.1*
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Public Sector Management and Governance
Description of the Output Group
These outputs contribute to the Growing Victoria Together (GVT) initiative through the following GVT strategies:
> Government that listens and leads
> Promoting rights and respecting diversity
> Growing and linking all of Victoria
The outputs also make significant contributions to the improve the capability, integrity and independence of the Victorian Public Sector Departmental
Objective. The individual outputs involve the provision of independent services that aim to ensure the effective management of governance of the public sector.
Departmental Objectives to which the Output Group contributes
Continuously improving the capability, integrity and independence of the Victorian public sector
Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Advice and Support to the Governor Provision of advice and support to the Governor, and maintenance of Government House and its collections
as a heritage asset of national importance.
QUANTITY Events and services arranged in response to requests per cent 100 100
by the Governor and the Premier
QUALITY Maintenance of assets in accordance with asset per cent 100 100
management strategy
Management of the program of events and services per cent 95 95
meets the expectations of the Governor
Standard, physical appearance and security of Government per cent 95 95
House, the gardens and grounds meet appropriate standards
as per the asset management strategy
TIMELINESS Timely arrangement of events and services per cent 100 100
Contract milestones are met per cent 95 95
COST Total output cost $ million 6.6 7.4
Public Sector Employment and Conduct Services Promotion of the principles of public sector employment and conduct, and monitoring and reporting
to Parliament on their application.
QUANTITY Site visits to organisations (validation of inspections number 50 97
and consultancies)
QUALITY Overall organisations satisfaction with activities/programs per cent 80 89
Overall participant satisfaction with activities/programs per cent 80 92
Proportion of organisations complying with significant per cent 90 90
elements of executive remuneration policy
TIMELINESS Parliamentary reporting date met per cent 100 100
Report and publication dates met per cent 100 100
COST Total output cost $ million 2.7 3.1
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Major Outputs/Deliverables Unit of Measure 2002-2003 2002-2003
Target Achieved
Chief Parliamentary Counsel Services Preparation of Bills for introduction in Parliament, provision of advice on proposed statutory rules and other
subordinate legislation, publishing and reprinting of Acts and statutory rules and maintenance of a database of Victorian legislation.
QUANTITY Statutory Rules made and bills prepared number 245 274
and introduced into Parliament
Advice given on legislation in response to written requests number 400 394
Versions of Acts and Statutory Rules published electronically number 1,050 658
QUALITY Bills drafted, Statutory Rules drafted or settled, per cent 95 99
and advice provided is to the required standard
Accuracy levels maintained in terms of document per cent 95 99
management, printing and publishing
TIMELINESS Bills drafted, Statutory Rules drafted or settled, per cent 95 99
and advice provided within required timelines
Electronic versions published within required timelines per cent 95 98
COST Total output cost $ million 3.5 4.1
Ombudsman services Independent investigation of complaints concerning administrative actions taken in Government departments, statutory bodies,
or by officer and employees of municipal councils; complaints against members of the Police Force, and overseeing the investigation by police
of certain complaints.
QUANTITY Finalise consideration of complaints number 4,600 4,344
Issues monitored under legislative requirements number 700 937
QUALITY Satisfaction of Ombudsman with complaints per cent 100 100resolution process
Satisfaction of Ombudsman with the inspections per cent 100 100
and monitoring process
TIMELINESS Complaints resolved within required timeliness per cent 93 90
Inspections completed within legislated timelines per cent 100 100
COST Total output cost $ million 2.8 3.3
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appendix vibudget portfolio outcomes
The Budget Portfolio Outcomes statements provide a comparison between
the actual financial statements of all General Government entities within
the portfolio and the forecasted financial information published in Budget
Paper No. 3 Budget Estimates (BP 3). The Budget Portfolio Outcomes are
comprised of the statements of financial performance, financial position
and cash flows.
The Budget Portfolio Outcomes have been prepared on a consolidated
basis and include all General Government entities within the portfolio.
Financial transactions and balances are classified into either Controlled orAdministered, in accordance with Australian Accounting Standard AAS 29
Financial Reporting by Governments , and agreed with the Treasurer in the
context of BP 3.
The following Budget Portfolio Outcomes statements are not subject to
audit by the Victorian Auditor-Generals Office. They include the financial
information of the following entities:
> Department of Premier and Cabinet (including the Office of Public
Employment and the Office of the Ombudsman)
> Museums Board of Victoria
> Library Board of Victoria
> Council of Trustees of the National Gallery of Victoria
> Film Victoria
> The Australian Centre for the Moving Image
Statement of Financial Performance for the Year Ended 30 June 2003
Controlled 2002-03 2002-03
Actual Budget Variation
$m $m %
Revenue from Ordinary Activities
Output Appropriations 343.3 335.0 2.5
Special Appropriations (a) 62.0 131.0 (52.7)
Commonwealth Grants 11.6 5.0 132.0
Other Revenue 77.0 66.0 16.7
493.9 537.0 (8.0)
Expenses from Ordinary Activities
Employee Benefits 109.7 110.4 (0.6)
Depreciation and Amortisation 34.0 39.7 (14.4)
Grants and Transfer Payments (a) 123.4 162.1 (23.9)
Capital Asset Charge 74.0 78.9 (6.2)
Supplies and Services 102.9 116.7 (11.8)
Other Expenses 2.6 1.0 160.0
446.6 508.9 (12.2)
Net Result for the Reporting Period 47.3 28.1 68.3
Net Increase in Asset Revaluation Reserve (b) 138.9 0.0 na
Total Revenues, Expenses and Revaluation Adjustments Recognised Directly in Equity 138.9 0.0 na
Total Changes in Equity (other than those resulting from transactions with
Victorian State Government in its capacity as owner on behalf of the Crown) 186.2 28.1 562.6
(a) The variations in the level of Special Appropriations Revenue and Grants Expense are almost entirely due to the transfer of the activities of the
Community Support Fund (CSF) to the newly formed Department for Victorian Communities, effective 31 December 2002. The Budget assumed that the
activities of the CSF would be included in the financial results of the Department of Premier and Cabinet for the full financial year.
(b) The major asset revaluations during the year that brought about the increase in the Asset Revaluation Reserve involved the State Library Collection
and properties controlled by Museums Board of Victoria.
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Statement of Financial Position as at 30 June 2003
Controlled 2002-03 2002-03
Actual Budget Variation
$m $m %
Current Assets
Cash Assets 44.8 52.3 (14.3)
Other Financial Assets (a) 40.9 205.6 (80.1)
Receivables 15.7 10.6 48.1
Prepayments 0.7 1.1 (36.4)
Inventories 2.5 2.4 4.2
Total Current Assets 104.6 272.0 (61.5)
Non-Current Assets
Receivables 37.1 65.8 (43.6)
Other Financial Assets 23.4 13.8 69.6
Property, Plant and Equipment 911.6 946.9 (3.7)
Other (b) 2,557.2 1,196.2 113.8
Total Non-Current Assets 3,529.3 2,222.7 58.8
Total Assets 3,633.9 2,494.8 45.7
Current Liabilities
Payables 20.0 19.3 3.6
Interest Bearing Liabilities 0.1 0.7 (85.7)
Provisions 9.1 10.0 (9.0)
Other 15.3 7.0 118.6
Total Current Liabilities 44.5 37.0 20.3
Non-Current Liabilities
Interest Bearing Liabilities 8.9 na
Provisions 9.5 11.5 (17.4)
Total Non-Current Liabilities 18.4 11.5 60.0
Total Liabilities 62.9 48.5 29.7
Net Assets 3,571.0 2,446.3 46.0
(a) The activities and net assets of the Community Support Fund principally represented by term deposits were transferred to the Department for
Victorian Communities, effective 31 December 2002.
(b) The National Gallery of Victoria works of art were independently revalued at 30 June 2002, resulting in an increase in value of $1.28 billion. Certain other
fixed assets were also revalued upwards at that time. These revaluations were completed after the 2002-03 Budget was set and were thus not reflected in the
Budget. Further revaluations have now been recorded in the year ended 30 June 2003, principally the State Library Collection.
appendix vibudget portfolio outcomes
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2003
Statement of Cash Flows For the Year Ended 30 June 2003
Controlled 2002-03 2002-03
Actual Budget Variation
$m $m %
Cash Flows from Operating Activities
Receipts from Government 423.3 442.9 (4.4)
Receipts from Other Entities 13.1 29.9 (56.2)
Payments for Supplies, Grants and Employees (a) (330.6) (388.2) (14.8)
105.8 84.5 25.2
Interest Received 9.2 7.1 29.6
Other Revenue 37.9 27.1 39.9
Capital Asset Charge (74.0) (78.9) (6.2)
Borrowing Costs (0.2) (0.1) 100.0
Net Cash Inflow from Operating Activities 78.7 39.7 98.2
Cash Flows from Investing Activities
Payments for Property, Plant and Equipment (60.2) (92.9) (35.2)
Net Purchases of Investments (b) (61.2) na
(Repayment of) Loans from Other Entities (4.5) (100.0)
Net Cash (Outflow) from Investing Activities (121.4) (97.3) 24.8
Cash Flows from Financing Activities
Net Proceeds from Capital Contribution by State Government 32.9 79.3 (58.5)
Net Proceeds of Borrowings 12.9 na
Net Cash Inflow from Financing Activities 45.8 79.3 (42.2)
Net Increase/(Decrease) in Cash Held 3.1 21.6 (85.6)
(a) The variation in the level of Payments is principally due to the transfer of the activities of the Community Support Fund (CSF) to the newly formed
Department for Victorian Communities (DVC), effective 31 December 2002. The Budget assumed that the activities of the CSF would be included in the
financial results of the Department of Premier and Cabinet for the full financial year.
(b) Includes the transfer of Cash Assets to DVC.
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Administered Items Statement For the Year Ended 30 June 2003
2002-03 2002-03
Actual Budget Variation
$m $m %
Administered Revenue
Sale of Goods and Services 1.7 2.4 (29.2)
Other 4.4 0.3 1,366.7
Total Administered Revenue 6.1 2.7 125.9
Administered Expenses
Supplies and Services 0.6 na
Payments into the Consolidated Fund 5.3 2.7 96.3
Total Administered Expenses 5.9 2.7 118.5
Revenue less Expenses 0.2 na
Administered Assets
Receivables 0.2 na
Other Financial Assets 8.8 na
Property, Plant and Equipment 0.2 (100.0)
Total Administered Assets 9.0 0.2 4,400.0
Administered Liabilities
Payables 28.5 16.5 72.7
Total Administered Liabilities 28.5 16.5 72.7
appendix vibudget portfolio outcomes
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ANN
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2003
Engagement of Consultants in excess of $100,000
Consultant Details Amount Paid* Future
in 2002-03 Commitments
$ $
ANOP Research Services Pty Ltd Review on Community Expectations 385,000
of Education and Training
The University of Melbourne National Agenda for Education 213,938
and Training
LEK Consulting Pty Ltd Review of Output Structures for 186,832
the major Arts Institutions
Engagement of Consultants less than $100,000
There were 64 consultancies at a total cost of $895,656.
*Amounts paid during the year are shown exclusive of GST, thus representing the actual net cost to the Department.
Disclosure of Major Contracts
The Department has disclosed all contracts greater than $10 million in value which it entered into during 2002-03.
The contracts can be viewed at www.contracts.vic.gov.au.
appendix viiconsultancies and major contracts
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appendix viiinon-current physical assets
The following information reports on the extent of the Departments compliance with the building and maintenance provisions of the Building Act 1993.
Premier and Cabinet
The Department of Premier and Cabinet leases all occupied premises and consequently is not affected by the guidelines relating to the Building Act 1993.
Arts Victoria
Conformity
Arts Victoria continued its program to have all building for which its responsible compliant with the current codes. Risk management continued in
conjunction with the V ictorian Managed Insurance Authority.
Condition assessment of the properties
Asset Asset Relative Comment
Category condition level
Circus OZ 4 1 (1) Master planning concluded
Geelong Performing Arts Centre 4 0 (0) Master planning commenced
Heide Museum of Modern Art 4 0 (0) Refurbishment to complete
Malthouse Theatre 4 1 (1) Master planning commenced
Meat Market Arts Centre 4 1 (1) Final stage of stagedrefurbishment underway
Museum Victoria Melbourne Museum 2 +1
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