092. adelphi house: lek consulting at the victorian state govt., australia

8/14/2019 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.



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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: [email protected]

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


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

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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.



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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

appendix vmeasurement of the departments performance department of premier and cabinet


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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



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Community Engagement and Government Information


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.


Develop and lead Whole of Government initiatives to ensure effective outcomes for all Victorians


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




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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


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.


Delivering services and programs to enhance the contribution of creative industries within the Victorian community


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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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


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


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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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*

*This figure includes Public Record Office Victoria for period July 2002 to December 2002. Now transferred to the Department for Victorian Communities.


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Public Sector Management and Governance


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.


Continuously improving the capability, integrity and independence of the Victorian public sector


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


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



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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


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




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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


$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.



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Statement of Cash Flows For the Year Ended 30 June 2003

Controlled 2002-03 2002-03


$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


$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



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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

092. adelphi house: lek consulting at the victorian state govt., australia

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