FOI Request - Annual Reports briefing documents

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From:To: CMTEDD FOI; CSD FOI; EDU Legal Liaison; EPSDFOI; ACT Health FOI; JACS FOI;

TCCS_FreedomOfInformation; MPC FOI; EnvCommCc:Subject: FOI Request - Annual Reports briefing documentsDate: Tuesday, 19 November 2019 10:05:28 AM

Good morning I write to request under the Freedom of Information Act 2016 final documents prepared for orused during the 2018-19 Annual Reports hearings. These documents may include, but are not limited to, briefs prepared for the Minister andother witnesses whether or not they appeared or were used. I ask that my request be transferred to other entities that may hold relevant documents.Duplicate documents may be excluded. If you have any questions, please do not hesitate to contact my office on .

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Statement of Reasons

In reaching my access decisions, I have taken the following into account:

• the Act; • the content of the documents that fall within the scope of your request; and • the Human Rights Act 2004.

Exemption claimed

My reasons for deciding not to grant full access to the identified documents and components of these documents are as follows:

Public Interest

The Act has a presumption in favour of disclosure. As a decision maker I am required to decide where, on balance, public interests lies. As part of this process I must consider factors favouring disclosure and non-disclosure.

In Hogan v Hinch (2011) 243 CLR 506, [31] French CJ stated that when ‘used in a statute, the term [public interest] derives its content from “the subject matter and the scope and purpose” of the enactment in which it appears’. Section 17(1) of the Act sets out the test, to be applied to determine whether disclosure of information would be contrary to the public interest. These factors are found in subsection 17(2) and Schedule 2 of the Act.

Taking into consideration the information contained in the documents found to be within the scope of your request, I have identified that the following public interest factors are relevant to determine if release of the information contained within these documents is within the ‘public interest’.

Factors favouring disclosure in the public interest:

(a) disclosure of the information could reasonably be expected to do any of the following:

(i) promote open discussion of public affairs and enhance the government’s accountability.

Factors favouring nondisclosure in the public interest:

(a) disclosure of the information could reasonably be expected to do any of the following:

(ii) prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004; and

(xi) prejudice trade secrets, business affairs or research of an agency or person.

Having considered the factors identified as relevant in this matter, I consider that release of information contained in these documents may promote open discussion of public affairs and enhance the government’s accountability by allowing you to have a complete record of briefs that were used during the 2019 annual reports hearings.

However, when considering this finding against the factors favouring non-disclosure, I am satisfied that the protection of an individual’s right to privacy, especially in the process of engaging proactively with the Government on a compliance matter, is a significant factor

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as the parties involved have provided their personal information (names) for the purposes of engagement with the regulatory arm of the Government. This, in my opinion, outweighs the benefit which may be derived from releasing the personal information of these individuals. These individuals are entitled to expect that the personal information they have supplied as part of this process will be dealt with in a manner that protects their privacy.

I have also considered the impact of disclosing information which relates to business affairs. In the case of Re Mangan and The Treasury [2005] AATA 898 the term ‘business affairs’ was interpreted as meaning ‘the totality of the money-making affairs of an organisation or undertaking as distinct from its private or internal affairs’. Schedule 2 section 2.2(a)(xi) allows for government information to be withheld from release if disclosure of the information could reasonably be expected to prejudice the trade secrets, business affairs or research of an agency or person. I consider that the release of the names of some of the businesses mentioned in some of the briefs in relation to matters that are not publicly known may negatively impact these businesses. Accordingly, I have chosen to remove these names.

Having applied the test outlined in section 17 of the Act and deciding that release of personal and business information contained in the documents is not in the public interest to release, I have chosen to redact this specific information in accordance with section 50(2). Noting the pro-disclosure intent of the Act, I am satisfied that redacting only the information that I believe is not in the public interest to release will ensure that the intent of the Act is met and will provide you with access to the majority of the information held by CMTEDD within the scope of your request.

Charges

I have waived fees associated with your access application because you are a member of the Legislative Assembly as described in section 107(2)(e) of the Act.

Online publishing – Disclosure Log

Under section 28 of the Act, CMTEDD maintains an online record of access applications called a disclosure log. Your original access application, my decision and documents released to you in response to your access application will be published in the CMTEDD disclosure log after 6 December 2019. Your personal contact details will not be published. You may view CMTEDD disclosure log at https://www.cmtedd.act.gov.au/functions/foi/disclosure-log.

Ombudsman Review

My decision on your access request is a reviewable decision as identified in Schedule 3 of the Act. You have the right to seek Ombudsman review of this outcome under section 73 of the Act within 20 working days from the day that my decision is published in CMTEDD disclosure log, or a longer period allowed by the Ombudsman. We recommend using this form Applying for an Ombudsman Review to ensure you provide all of the required information.

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Alternatively, you may write to the Ombudsman at:

The ACT Ombudsman GPO Box 442 CANBERRA ACT 2601 Via email: [email protected]

ACT Civil and Administrative Tribunal (ACAT) Review

Under section 84 of the Act, if a decision is made under section 82(1) on an Ombudsman review, you may apply to the ACAT for review of the Ombudsman decision. Further information may be obtained from the ACAT at:

ACT Civil and Administrative Tribunal Level 4, 1 Moore St GPO Box 370 Canberra City ACT 2601 Telephone: (02) 6207 1740 http://www.acat.act.gov.au/

Should you have any queries in relation to your request please contact me by telephone on 6207 7754 or email [email protected]. Yours sincerely,

Philip Dachs Information Officer Information Access Team Chief Minister, Treasury and Economic Development Directorate

17 December 2019

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ANNUAL REPORT HEARING BRIEF

Cleared as complete and accurate: 21/10/2019 Cleared by: Executive Branch Manager Ext: 50319 Contact Officer name: Margaret McKay Ext: 58695 Lead Directorate: Chief Minister, Treasury and

Economic Development

Cleared for release Yes Information Officer name: Yu-Lan Chan

Portfolio: Business and Regulatory Services

ISSUE: ACCESS CANBERRA ACCOUNTABILITY INDICATORS 2018-19

Key information:

• Access Canberra is Output Class 2 of the Chief Minister, Treasury and Economic Development Directorate (CMTEDD) Annual Report and has nine accountability indicators.

• In 2018-19 seven of these measures were met within a 5% variance and two indicators varied by less than 5% (details below). Controlled Recurrent Payments (appropriation) also varied by 5%.

• An extract of pages 166-168 of Volume 2.1 of the CMTEDD Annual Report is provided below.

• There were no measures discontinued, added or changed in 2018-19.

Controlled Recurrent Payments (5% above budget variance):

• The actual appropriation to Access Canberra in 2018-19 was $4.3m or 5% (rounded) more than the budgeted amount of $87.626m. The additional funds mainly related to new initiatives in the Mid-Year Review of 2018-19 Budget such as;

o WorkSafe transition team, o reducing harm from gaming, o reducing gaming machines from 5,000 to 4,000.

• Additional appropriation was also required due to higher demand for services, including the wheelchair accessible taxi incentive scheme.

h. Compliance activities: engage, educate, enforce (17:(45):(30) variance to target):

• This indicator measures the mix of compliance activities between engagement, education and enforcement, with the target mix being 70:20:10.

• The actual result for 2018-19 was 82:11:7, a variance of 12:(9):(3).

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Cleared as complete and accurate: 21/10/2019 Cleared by: Executive Branch Manager Ext: 50319 Contact Officer name: Margaret McKay Ext: 58695 Lead Directorate: Chief Minister, Treasury and



• Expressed as a percentage the variance is 17%:(45)%:(30)%

• The mix of activities in 2018-19 was more weighted to engagement, resulting in a lower comparison rate to education and enforcement. A focus on activities that engage with clients proactively has reduced the need for education and enforcement.

i. Average level of helpfulness after issuing a notice or before issuing a licence/authorisation (5% better than target result):

• Access Canberra follows up with businesses on their experience of regulatory interactions with Inspectors.

• A phone survey asks randomly selected participants to rate the helpfulness of inspectors from 1-5.

• In 2018-19 a higher proportion of participants rated helpfulness at the higher end of the scale than the targeted performance.

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(Volume 2.1 page 166)

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Cleared as complete and accurate: 18/10/2019 Cleared by: Executive Branch Manager Ext: 70360 Contact Officer name: Bob Alford Ext: 54261 Lead Directorate: Chief Minister, Treasury and


Cleared for release Yes Information Officer name: Greg Jones

Overview of WorkSafe’s performance 2018/19 Key Information • WorkSafe has an increased emphasis on safety awareness, pro-active site inspections

and enforcement action. Compared to 2017/18, WorkSafe has more than doubled enforcement activity in the 2018/19 financial year.

• The number of Improvement Notices increased from 205 to 443 in 2018/19. Prohibition Notices increased from 95 in 2017/18 to 264 in 2018/19. Infringement Notices increased from 37 to 50 in 2018/19. Enforceable Undertakings and Prosecutions also increased from the previous year. WorkSafe ACT has delivered a number of WHS presentations to a range of businesses and industry associations to assist with compliance.

• The Construction Industry in the Territory is showing strong activity and remains a key priority area. There has been a significant increase in Infringement Notices issued by the Regulator as a result of workplace inspections, particularly in the Construction Industry, with the majority of Infringement Notices and Enforcement action for ‘high risk’ work activities.

Talking points • The ACT Government is committed to improved workplace health and safety. Our aim is

to protect against harm, reduce unnecessary compliance costs by informing and educating our duty holders and the community. Our focus includes improving stakeholder engagement to work together on improving work health and safety outcomes based on the same vision to have healthy and safe workers.

• The Proactive Team also engages with a number of event coordinators to monitor compliance of major events to ensure workers’ and public safety is maintained. For 2018/19 this included Summernats, Multicultural Festival, the Canberra Show, Canberra Day activities and Skyfire. WorkSafe works closely with the event coordinators to ensure safe systems are in place prior to the event and during their activities, to ensure that effective implementation of the safe systems is being followed.

• During the 2018/19-year WorkSafe ACT continued to engage with industries undertaking several proactive engagements and seminars; hosted three construction breakfasts with over 550 construction workers attending; launched a series of “Remove the confusion around Safe Work Methods Statements (SWMS)” seminars. The first seminar was booked out within 24 hours. Due to the popularity of the seminars 12 session have been held including two in NSW. Over 1,000 people have registered to attend the session including people from NSW, VIC and QLD. These sessions will continue to be held throughout 2019-2020.

• Changes to the Work Health and Safety Act 2011 came into effect on 1 January 2019 to improve the safety in the construction industry by enhancing consultation and collaboration. Two information sessions were held in February 2019 to provide an overview to industry of the changes with 115 attending.

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• WorkSafe ACT is actively engaged with SafeWork NSW in partnership conducting the ongoing NSW/ACT Cross Border Construction Project 2016-2019, which aims to increase coordination and cooperation between jurisdictions at a number of levels to create a cultural change in the construction industry, with joint inspections taking place four times a year. WorkSafe is waiting for confirmation from SafeWork NSW as to whether this partnership will be continued for an additional three years. These joint inspections were undertaken in the Australian Capital Territory, New South Wales areas such as Queanbeyan, Googong, Goulburn and Southern Highlands. One of these inspections lead to the successful prosecution of a company under the Work Health and Safety Regulations 2011.

• The Automotive Audit program was conducted in conjunction with the Apprentice and Young Workers program that aimed to identify the level of WHS understanding and compliance in their host workshops. The workshop inspections included a focus of two post vehicle hoists following an incident in Victoria and the release of a subsequent safety alert. 122 workplace visits were conducted and 111 apprentices interviewed. Issues identified included management of dangerous substances and electrical safety that needed improvement. In response to the identified non-compliance, WorkSafe issued 312 Improvement Notices and 6 Prohibition Notices. WorkSafe ACT is currently engaged with the Motor Trades Association to determine the next steps to increase awareness and improve longer-term compliance in these areas.

Reactive and proactive – number and types of inspections • Inspectors conducted over 4,500 workplace inspections in 2018/19 across numerous

industries and government agencies resulting in:

- 444 Improvement Notices

- 264 Prohibition Notices

- 48 Infringement Notices

Active compliance programs Silica Dust

• WorkSafe ACT has undertaken a number of activities in response to the issue of silica dust exposure including publishing guidance material on WorkSafe’s website and hosting an Occupational Cancer Workshop in October 2018.

• WorkSafe ACT has commenced an audit program focussed on silica dust that targets the safety of workers in the stone benchtop manufacturing and stone cutting businesses. Other businesses, including concrete cutting in the construction industry, are currently being targeted. The audit has been carried out in 15 manufacturing businesses with six improvement notices being issued to date for various non-compliance.

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• WorkSafe ACT has been officially advised and notified one worker has been diagnosed with silicosis. The worker is a local ACT worker and employed in the stone benchtop industry locally. WorkSafe has recently initiated its enquiries into this matter.

• During 2018/2019 - 10 workplace inspections were conducted as part of the silica program.

• From 1 July 2019 to 15 October 2019, WorkSafe ACT has conducted a further 25 workplace inspections in concrete Manufacturing, Demolition and Construction businesses.

• A further Improvement Notice has been issued as part of these inspections for non-compliance in relation to safety data sheets relating to chemical storage.

Precast Concrete Panels

• On 30 January 2019, WorkSafe ACT was called to a construction site in Braddon where a large precast concrete panel fell from the building and impacted a neighbouring property.

• Preliminary investigation of the circumstances leading to the incident has identified the temporary supports (i.e. the braces or props) were removed from the panel prior to the completion of the installation process and structural verification of the panel.

• A Safety Alert regarding Prefabricated Panel installation was forwarded to industry on 6 February 2019.

• WorkSafe’s investigation into possible work health and safety contraventions is continuing.

• On Wednesday 1 May 2019, WorkSafe ACT was notified of a dangerous incident that occurred at the Ivy Apartments construction site in Woden. A pre-cast concrete panel fell from one level to another overnight. No one was on site at the time of the incident.

• Following the incident, an audit of the site was undertaken by WorkSafe ACT and an identical pre-cast concrete panel on another floor was found to be incorrectly installed.

• A further Safety Alert in regard to Precast Panel Structures was distributed to industry on 13 May 2019.

• In response to these two incidents, on 13 August 2019 WorkSafe commenced an audit and education program within the construction industry to identify current levels of compliance in safety operations and practices when using precast concrete panels.

• The extent of the audit will be driven by the level of compliance found with the first 15 site visits. Interim findings from the first tranche of inspections indicate non-compliance with safe work method statements (SWMS) is an emerging issue.

• The full audit will continue to the end of 2019.

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WorkSafe inspectors vs WorkSafe admin staff Budgeted Worksafe Inspectors 30/6/19

FUNDED POSITIONS SOGA SOGB SOGC WCO6 Total

Managers 1 1 2

Major Investigations 1 4 5 WHS Inspectors (including high risk)

2 15 17

Workers Comp 1 2 3

Dangerous Substances 1 1

Light Rail 2 2

1 1 4 24 30

Actual Worksafe Inspectors - 30/6/19 (based on the June 2019 Occupancy report)

ACTUAL POSITIONS SOGA SOGB SOGC WCO6 Total

Managers 0 1 1

Major Investigations 1 4 5

WHS Inspectors (including high risk)

1 15 16

Psychosocial Officer 1 1

Workers Comp 1 2 3

Dangerous Substances 1 1

Light Rail 2 2

0 1 4 24 29

Major investigations and enforcement action Current Investigations

Mobile Crane Incident

• On Friday 22 February 2019, a 300-tonne mobile crane tipped over during routine maintenance at the business’ work yard in Hume. No one was injured and the dangerous incident was reported to WorkSafe.

• On Sunday 24 February 2019, a 400-tonne mobile crane was completing dismantling processes when a 10-tonne counterweight fell approximately 1.5 metres off the attached slings during a lift. The counterweight damaged other counterweights,

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outriggers and a small truck parked nearby. No one was injured and the matter was reported to WorkSafe.

• Investigations into both incidents are continuing. Concrete Panel Incidents

Ivy Apartments

• On Wednesday 1 May 2019, WorkSafe ACT was notified of a dangerous incident that occurred at the Ivy Apartments construction site in Woden. A pre-cast concrete panel fell from one level to another overnight. No one was on site at the time of the incident.

• Following the incident, an audit of the site was undertaken by WorkSafe ACT and an identical pre-cast concrete panel on another floor was found to be incorrectly installed.

Braddon Prefabricated Concrete Panel Fall

• On Wednesday 30 January 2019, WorkSafe ACT was called to a construction site in Braddon where a large precast concrete panel fell from the building and impacted a neighbouring property.

• No persons were injured given the panel fell approximately 15 meters through the roof of the amenities block which was regularly used by the neighbouring business.

• Preliminary investigation of the circumstances leading to the incident has identified the temporary supports (i.e. the braces or props) were removed from the panel prior to the completion of the installation process and structural verification of the panel.

• A Safety Alert regarding Prefabricated Panel installation was forwarded to industry on 6 February 2019 and another on 13 May 2019.

• WorkSafe’s investigation into possible work health and safety contraventions is continuing.

Finalised Prosecutions

During 2018/19 WorkSafe successfully prosecuted two matters before the ACT Industrial Magistrates Court.

• One involved fines totalling $25,000; and

• another involved fines totalling $7,000.

Enforceable Undertakings

• WorkSafe ACT successfully negotiated and implemented five Enforceable Undertakings in lieu of referral to the DPP for prosecution.

• Total of the five Enforceable Undertakings for 2018/19 amounts to $10,704,000.

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Glade Group Pty Ltd

• A company entered an Enforceable Undertaking after WorkSafe ACT alleged that the company did not comply with Section 33 of the Work Health and Safety Act 2011 in that asbestos removal works at a residential property was not undertaken in accordance with the company’s Asbestos Removal Control Plan. Total financial commitment $95,000.

BBC Building Pty Ltd

• A young worker fell from 6 metres onto a concrete floor. The young worker was standing on a ladder next to an unprotected void when he fell. WorkSafe ACT alleged that the company failed to discharge its duties under Section 32 of the Work Health and Safety Act 2011 by failing to ensure that voids were adequately covered. It was further alleged that appropriate site supervision was not in place at the time of the incident. Total financial commitment $132,000.

Feel Style Pty Ltd

• In the same incident as BBC Building, WorkSafe ACT alleged that the company failed to discharge its duties under Section 32 of the Work Health and Safety Act 2011 by failing to ensure that voids were adequately covered. Total financial commitment $132,000;

The Territory, ACT Education Directorate

• It was alleged by WorkSafe ACT that an ACT Government Directorate had a health and safety duty under section 19 of Work Health and Safety Act 2011 to do all that was reasonable practicable to ensure the health and safety of its staff and it failed to comply with that duty, therefore exposing its staff to a risk of injury and actual injuries. Total financial commitment of $10.045 million which included resources already committed to improving safety systems.

Construction Control

• A company did not comply with directions issued to them via prohibition notice under Section 197 of the Work Health and Safety Act 2011. Workers accessed scaffold to conduct works in contravention of the prohibition notice. Total financial commitment $300,000.

Independent Review • A review into the ACT’s work safety, compliance infrastructure, policies and procedures

was announced by the Government in May 2018, with the final report delivered to Government in August 2018 with 27 recommendations.

• A five-member transition team has been established to oversee implementation of the review recommendations. The work of the transition team is being overseen by a Steering Committee of senior officials from CMTEDD, JACS and Access Canberra.

• Work is progressing on all recommendations, including legislative changes debated in

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October 2019. The Bill gives effect to changed governance arrangements, specifically to establish the statutory office of the Work Health and Safety Commissioner as regulator. The regulator will be supported by the Office of the Work Health and Safety Commissioner (to be known as WorkSafe ACT).

• Supplementary budget funding will be necessary to support WorkSafe’s new governance arrangements.

Asbestos (Mr Fluffy) • WorkSafe ACT conducted 252 workplace inspections with no significant safety concerns

identified across the demolition program for 2018/19.

• There are currently 38 residential properties impacted by loose-fill asbestos insulation (Mr Fluffy). In total there are 30 properties occupied by owners in compliance with the Dangerous Substances (General) Regulation 2004 (the Regulation); 6 owners partially compliant (Asbestos Management Plan (AMP) obtained awaiting confirmation remediation work has been completed); and 2 owners that are non-compliant.

• To date correspondence has been provided to owners of affected properties on six separate occasions with the initial correspondence sent in May 2017.

• On 20 June 2019 WorkSafe ACT issued a sixth letter to all non-compliant owners of houses providing them with 28 days to have an AMP developed by an independent expert for their property.

• Improvement Notices were served under section 100 of the Dangerous Substance Act 2004 for a breach of section 342 of the Dangerous Substances (General) Regulation 2004 on 5 September 2019 to four non-compliant home owners.

• On 19 September 2019 WorkSafe ACT extended the period for the homeowners to comply with the Improvement Notices on its own initiative under the Dangerous Substances Act 2004 s102 for a further 14 days.

• Of the four non-compliant homeowners issued with an Improvement Notice, two homeowners are now fully compliant. One other homeowner has engaged the services of a Licensed Asbestos Assessor to complete the AMP as directed. The fourth homeowner has contacted WorkSafe and the Asbestos Response Taskforce (ART) to continue discussions.

• On 2 October 2019 WorkSafe ACT extended the period for the remaining two homeowners to comply with the Improvement Notices to 25 October 2019.

Mental Health • WorkSafe recently appointed a psychological health officer dedicated to increase the

awareness and capability of ACT employers and employees on mentally healthy workplaces.

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• The Psychological Officer will work closely with workplaces and employees to provide information and guidance in complying with obligations under the Work Health and Safety Act. WorkSafe’s program will also focus on creating a positive workplace culture, designing work to be safe, assessing mental health risks, and taking informed action to improve mental health.

• This newly created position is a clear reflection of the ACT Government and WorkSafe’s commitment to improving workplace mental health and suicide prevention.

• WorkSafe ACT’s primary objective for the new Assistant Director for Psychological Health is to:

- reduce the impact of mental ill health on working age people, - improve health and social outcomes for the people of ACT, - improve capability and resilience of workers, and - reduce costs to employers.

• WorkSafe will deliver a program of work focused on mental health covering four main streams:

1. awareness raising 2. evidence-informed interventions (including regulatory) 3. research 4. programs for ACT workplaces to implement.

WorkSafe will be covering these four streams through a range of communication mediums. Since the officer’s appointment, WorkSafe ACT has achieved the following:

- WorkSafe inspector training (building internal capability on prevention focused regulatory services including Mental Health First Aid training);

- implementation of revised internal procedures covering bullying service standards (what we will do, what we cannot do and draft triage system);

- review of internal regulatory process and resources; and

- conducted a number of promotion and awareness activities (including updating website information with dedicated work-related mental health portal).

Light Rail Project • WorkSafe is continuing to work closely with Canberra Metro Operations (CMO),

Transport Canberra and City Services (TCCS) and the Utilities Technical Regulator (UTR) to ensure a safe environment for all workers and passengers during the operations of the light rail network in Canberra.

• Canberra Metro Operations (CMO), an unlicensed regulated utility in the Territory, was granted a provision of service operating certificate for commencement of passenger operations on 16 April 2019. The light rail network was officially launched on 20 April

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2019, accepting public passengers on the light rail network.

• WorkSafe is continuing its enquiries into two separate incidents where a light rail vehicle struck a pedestrian.

• Resourcing allocation for WorkSafe ACT over the three years reflects transition from construction activity into commissioning and initial start-up of the light rail project.

Financial Impacts Summary 2017-18 2018-19 2019-20 Totals $’000 $’000 $’000 $’000

Expense Impacts Expenses 353 240 122 715 Staffing Impact 2017-18 2018-19 2019-20 Total Additional FTEs (number) 3 2 1

Apprentice and Young Workers program • An inspector position funded under a service level agreement with Skills Canberra

continues to focus on the safety of apprentices and young workers.

• Collaboratively WorkSafe ACT and Skills Canberra provide information and advice to both industry and directly to employers on their responsibilities for work health and safety requirements specifically for apprentice and young workers.

• Through 2018/2019 WorkSafe spoke to more than 1,358 individual young workers and host employers across 261 workplaces.

• In addition to workplace visits and audits, the industry engagement program runs in parallel with information sessions, seminars and presentations throughout the past financial year including Registered Training Organisations and Government Training Organisations.

• The Apprentice and Young Workers Campaign program for 2019/2020 will focus on retail including accommodation and food services and the community service sector (Aged and Childcare). This aligns with the priority industries that WorkSafe ACT will focus on for the same period.

Workers Compensation • 2018/19 year, the Workers Compensation Team continued to enforce compliance with

industry under the Workers Compensation Act 1951.

• The team completed 5 premium recoveries during this financial year and also issued 5 Default Notices for ‘Failing to maintain’ a workers compensation insurance policy.

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• The team inspected and completed workplace visits totalling 244 for the year.

• The Workers Compensation Team during 2018/2019 year did approve 5 Rehabilitation Providers to undertake services within the ACT and 2 approvals for companies to continue as self-insurers.

• The Team conducted a Premium Compliance Program conducting wage audits on 14 Labour Hire Companies/Payroll companies also a chain of 8 Hairdresser/Barbers.

Healthier Work Program From 1 July 2018 to 15 October 2019:

• Conducted 211 workplace visits and assisted 37 workplaces to create a 12-month health and wellbeing plan to become ‘Healthier Work Recognised’ (first year of recognition);

• Evaluated the plans of 22 workplaces which have now become ‘Healthier Work Recognised Silver Status’ (second year of recognition);

• Evaluated the plans of 21 ‘Healthier Work Recognised Silver Status’ workplaces which have now become ‘Healthier Work Recognised Gold Status’ (third year of recognition);

• Evaluated the plans of 20 ‘Healthier Work Recognised Gold Status’ workplaces which have now become ‘Healthier Work Recognised Gold Status’ (fourth year of recognition);

• Assisted 8,495 Canberrans make the healthy choice the easier choice within the workplace setting;

• Partnered with the Canberra Business Chamber to deliver two training sessions on creating healthier work environments to 36 attendees and delivered nine mentoring sessions to 152 Healthier Work champions in workplaces;

• Held two Healthier Work breakfasts attended by 250 participants to recognise workplaces who have completed their first, second or third year of the program, including a breakfast focused on mentally healthy workplaces; and

• Held a Healthier Work Day Forum with 141 attendees.

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Cleared as complete and accurate: 18/10/2019 Cleared by: Chief Operating Officer Ext: 79828 Contact Officer name: Narelle Sargent Ext: 75782 Lead Directorate: Chief Minister, Treasury and


Cleared for release Yes Information Officer name: David Snowden

Residential - Farrer

• As of 21 October 2019 the Environment Protection Order remains in place.

Enforcement Action since 30 June

• On 6 September 2019 a Warning letter was sent to a resident in Lyneham for noise from an air-conditioner.

• On 4 October 2019 the first Infringement was issue on a resident in O’Connor for noise from an air-conditioner.

• On 16 October a Warning letter was sent to for odour from a coffee roaster.

Water Resources Act 2007

Warnings

Two formal warning letters were issued for:

1. No water meter – Issue resolved by 29 May 2019. There are no irrigation lines connected to the bore to service the property. However the bore remains operational for the purpose of emergency firefighting. This function was confirmed with ACT Rural fire Service. Use of water from the bore in emergencies is exempt from the licensing requirements of the Water Resources Act 2007 so a meter is not required.

2. Faulty water meter - A new meter was installed 18 May 2019 with notification including photos and documentation received by the Authority on 11 June 2019.

Noise, Erosion & Pollution on Construction Sites

Noise

• The ACT is divided into noise zones based on land uses listed in the Territory Plan. The noise standards permit the highest noise levels in industrial areas and the lowest levels in residential areas.

• Noise from building work in industrial, city and town centre areas is permitted Monday to Sunday and public holidays from 6am to 8pm. At other times the noise from building work must not be above the noise standard.

• Noise from building work in all other areas is permitted: Monday to Saturday 7am to 6pm. At other times, including public holidays, the noise from building work must not be above the noise standard.

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Cleared as complete and accurate: 18/10/2019 Cleared by: Chief Operating Officer Ext: 79828 Contact Officer name: Narelle Sargent Ext: 75782 Lead Directorate: Chief Minister, Treasury and


Cleared for release Yes Information Officer name: David Snowden

• In accordance with Access Canberra policies and procedures for managing complaints, builders are sent an advisory letter reminding them of their permitted hours of operation.

• For the EPA to take enforcement action, the legislation requires there to be an affected person in an affected place, which is established by taking a noise reading at the affected place - in this case the home of the complainant.

• The EPA recently fined two builders $1,000 each following investigation of complaints from Kingston and Lyneham residents about noise from building works that occurred outside of permitted hours which should act as a deterrent to all builders.

• Data indicates that complaints about construction noise are increasing, possibly as a result of the increased building activity in Canberra. Therefore the EPA is:

o proactively engaging with key stakeholders in the Building and Construction industry including the Master Builders Association, Suburban Land Agency, Capital Estate Developments and Riverview Group to ensure builders are aware of the noise standards and sediment and erosion control requirements

o undertaking proactive early morning inspections of building sites to raise the profile of the EPA and ensure environment protection compliance.

Erosion and Pollution

• Activities on building sites can contribute significant pollution to Canberra’s lakes and rivers, impact on our water quality and potentially make our waterways unsafe for recreational use.

• Poorly managed building sites cause environmental issues from run-off and building materials and waste escaping construction sites, such as waffle pods which are not being contained effectively and are blowing off sites.

• Section 66C of the Environment Protection Regulation 2005 requires a person in charge of a development site less than 0.3 hectares to install and maintain site erosion and sediment control measures as per an approved Erosion and Sediment Control Plan.

• Builders / developers of major land developments must enter into an Environmental Protection Agreement or hold an Environmental Authorisation with the EPA.

• The Agreement sets out what the builders / developers must do to comply with the Act to ensure the environmental impact is minimised.

• As part of the agreement builders / developers are required to submit detailed Erosion and Sediment Control Plans (ESCP), based on the EPA Guidelines for

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Cleared as complete and accurate: 22/10/2019 Cleared by: Executive Branch Manager Ext:77387 Contact Officer name: Nick Lhuede Ext:78606 Lead Directorate: Chief Minister, Treasury and


Cleared for release Yes Information Officer name: Ben Green

Portfolio/s: Business and Regulatory Services

ISSUE: BUILDING AND CONSTRUCTION

Building and planning complaints

• The ACT Government receives complaints about building compliance, develop and land use in the ACT. Multiple complaints may be received about the same matter, which are treated as a single case.

• When the matter relates to building quality some parties choose to contact their developer, builder or certifier directly to raise concerns or participate in mediation.

• The Canberra community is encouraged to undertake their own research by obtaining additional quotations, advice from independent professionals or by seeking their own independent legal advice.

• Should the community require assistance in a matter, Access Canberra has a Complaints Management Team which is a central contact point to raise concerns.

• Access Canberra reviews each matter raised through the Complaints Management Team and may attempt to facilitate discussions of the parties involved or provide referrals where appropriate.

• Access Canberra may utilise an escalating regulatory response as well as the risk/harm approach to regulation to secure an appropriate outcome where required.

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Numbers of matters currently in ACAT or before a Court

• 4 matters in ACAT – appeals against rectification orders, and one against a licensing decision.

• 2 matters before other courts.

• In 2018-2019, 9 cases were heard in a tribunal.

Current and completed litigation

Current litigation • AT 85/2019 - Morris Construction Corporation Pty Ltd v Construction Occupations

Registrar (Rectification order appealed)

• OR 10/2019 - Ruiz Constructions Pty Ltd v Construction Occupations Registrar (Rectification order appealed)

• OR 19/2019 - Pellegrino v Construction Occupations Registrar (construction and workplace licensing matter)

• AT 24/2019 - Victory Homes Pty Ltd v Construction Occupations Registrar (Rectification order appealed)

• SCA 1 of 2019 (AT 34 of 2019) Maleganeas v Errington & Ors

• SC 34/2017 Units Plan No 3676 v Morris & Ors

Completed litigation (since July 2018) • OR 25/2018 - Madison Constructions Pty Ltd v Construction Occupations Registrar -

(B8 S48 Macquarie, Kelkiah Apartments)

• AT 80/2018 - Debbie Errington v ACTPLA AND Christopher Maleganeas (PJ) - (B20 S16 O’Malley, Embassy of the United Arab Emirates)

• AT 96/2018 - Luke Kercheval v Construction Occupations Registrar

• AT 60/2018 - Maginnity & Maginnity – (Block 13 Section 528 Gordon)

• AT 70/2019 - McKell v Construction Occupations Registrar

• AT 71/2019 - Gardner v Construction Occupations Registrar

• AT 104/18 - Errington v ACTPLA - (B22 S16 O’Malley)

• AAT 2018/1782 - Amar Riaz (construction and workplace licensing matter)

• OR 26/2018 - Mahmood v Construction Occupation Registrar (construction and workplace licensing matter)

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Enforcement Activity • Access Canberra has increased its enforcement response during 2018-

19.

• The following table details construction occupation enforcement activity from 1 July 2018 to 30 June 2019.

Notices issued in 2018-19

Additional funding for Building, including number of increased inspections with new staff

• 4 Staff in Building Licencing reform

• 8 Staff in Building Compliance and Enforcement

• 4 Staff in Citizen and Industry enhanced communication

Type of Notice Number issued

Notice of Intention to issue a Rectification Order 11

Rectification Order 3

Show Cause Notice to issue a Controlled Activity Order

16

Controlled Activity Orders issued 7

Demerit Points (all construction occupation licensees) 197

Direction to undertake building work 10

Stop Work Notice 29

Revocation of Certificate of Occupancy and Use 3

Section 50 notices received 50

Total 326

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Number of complaints received Building

• During 2018-19, Access Canberra received 226 complaints, resulting in 112 new cases regarding building and construction.

• During this period 263 cases were closed, including several that had been ongoing for a number of years. This highlights that the proactive approach from compliance teams is achieving tangible results with 75 fewer cases regarding building and construction than the previous financial year.

• At the end of the reporting period there were 101 complaints across 56 cases relating to building and construction.

• During 2018-19, the number of complaints received decreased by 40 per cent in comparison to the 2017-18 financial year.

• During 2018-19, the number of open cases was reduced by 31 per cent compared to 2017-18.

Planning

• During 2018-19, Access Canberra received 455 complaints, resulting in 289 new cases regarding planning. Most of these complaints related to lease compliance and unclean leaseholds.

Construction Occupations Licensing

• In 2018-19, the Construction Occupations Registrar received 226 complaints relating to construction occupations licensees, resulting in 112 separate cases.

• Complaints made were primarily about performance and quality of works performed by the construction occupation licensees, including:

o quality of building works in accordance with the national construction code;

o works not in accordance with approved plans; and

o work without notice of building works being displayed.

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• Of these cases, 17 complaints related to former licensees, and resulted in 12 separate cases. These cases remain under investigation and relate to defective works performed by former licensees.

• There were 209 complaints made related to matters involving current licensees, resulting in 100 cases.

• In addition, 8 cases were investigated in relation to works performed by unlicensed construction occupation individuals. These related to plumbing and electrical work.

Number of inspections

Building and Planning

• During 2018-19, 589 proactive and reactive inspections were conducted in relation to building and planning matters.

Construction Audit

• During 2018-19, the Construction Audit team conducted 784 audits. Of these audits:

o 402 related to Energy Efficiency Rating Auditing;

o 147 related to Site Audits – Building Approval (BA);

o 91 related to Certificate of Occupancy (COU) Applications;

o 112 related to Site Audits – Development Approvals (DA);

o 4 related to S69- 2B Partial COU Assessment; and

o 28 related to Cost of Works Assessment Audit.

Plumbing and Gas

• During 2018-19, the Plumbing and Gas Inspectorate conducted:

o 13,593 drainage and plumbing inspections; and

o 3,002 gas inspections.

• This represents a decrease of 581 inspections for drainage and plumbing, and 314 for gas for the year. The Inspectorate also validated 58 Type B installations for the period.

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Key information

• In 2018-19, there was an increase in the number of inspections completed by Plumbing and Gas Inspectorate.

• This year also signalled the release of the 2019 Plumbing Code of Australia (PCA) which is part of the National Construction Code (NCC), which operates on a three-year cycle. The PCA contains the ACT appendices and work has been completed to reduce three variations from the 2016 PCA.

Electrical

• During 2018-19, the Electrical Inspectorate conducted 23,332 inspections. Of these inspections:

o 13,961 related to additions and alterations; and

o 9,371 were new installations (1,635 related to solar installations).

• Of these, a total of 2.4 per cent failed at the time of inspection.

• 35,576 Certificates of Electrical Safety were issued in the ACT in 2018-2019. This is an increase from 2017-18 when the Inspectorate received 27,393 Certificates of Electrical Safety lodgements.

Construction Occupations Licensing

New Licenses Issued

• During 2018-19 Access Canberra issued 550 new builders licences (details included in Table 1 under background information).

• In 2018-19 Access Canberra issued (details included in Table 2 under background information):

o 1,043 individual licenses; and

o 98 corporation licenses to other occupations.

Builder License Examinations

• 138 applicants sat the exam for their Class C builder licence between 2 July 2018 and 27 March 2019, as follows:

o 71 of those applicants failed their first attempt; a failure rate of 51 per cent;

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o 68 went on to sit their second attempt, with 34 failures; a failure rate of 50 per cent;

o 16 went on to sit their third attempt, with 10 failures; a failure rate of 62 per cent; and

o four went on to sit their fourth attempt, with three failures; a failure rate of 75 per cent.

• 47 applicants sat the new exams for Class A, B and C builder’s licences between April 2019 and June 2019 (details included in Table 3 under background information).

Key information

• In 2018, the ACT Government announced the implementation of a new examination process for licensed builders. The exams commenced for Class C licensees in July 2018, and for Class A and B licensees in April 2019.

• The exams apply to all new applicants seeking an A, B or C Class builder’s licence. The examination is also used for existing licence holders, with a percentage of builders seeking to renew their licence required to sit the exam to assess whether their skills and technical knowledge are to standard.

Licensing Demerit Information

• 50 licensees incurred demerits and a total of 186 demerits were incurred for licensees during 2018-19 (details included in Table 4 under background information).

• 17 licensees incurred demerits and a total of 41 demerits were incurred for builders in all classes during 2018-19 (details included in Table 5 under background information).

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Background information

• The Constructions Occupations (Licensing) Act 2004 defines the following nine occupations as licensed occupations:

o Builder o Building Assessor o Building Surveyor o Drainer o Electrician o Gasfitter o Plumber o Plumbing plan certifier o Works Assessor

• These nine occupations are then divided into classes of licence, which identifies the type of work the licensee can undertake. For example, a Class B Builders Licence allows works on buildings that are three stories or lower, and a General Building Surveyor may preform building certification work in relation to a building that is three stories or lower and has a floor area of 2,000m2 or less.

• The following tables indicate the total number of new licences issued for the 2018-19 financial year.

Table 1

New builder licences issued in 2018-19 Class Corporation Partnership Individual Total Class A 40 1 61 102 Class B 28 1 27 56 Class C 59 1 60 120 Class D 3 0 19 22 Owner-Builder

0 0 250 250

Total 130 3 417 550

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Table 2

New licences issued to other occupations under COLA in 2018-19

Construction Occupation

Individual Licence Corporation/Partnership Licence

Electrician 418 45 Gas Appliance Worker 13 0 Gasfitter 193 17 Plumber 240 22 Drainer 154 12 Plumbing Plan Certifier 4 0 Building Assessor 6 0 Building Surveyor 15 2 Works Assessor 0 0 Total 1,043 98

Builder Licence Examinations

• Class A, B and C Builder exams cover the following topics:

o the obligations of ACT construction licensees;

o the obligations of builder licensees relevant to the level of licence;

o fundamental concepts in the building regulatory system; and

o interpretation of technical codes, standards, plans, drawings and other technical documentation, and applying relevant information to building processes.

• For participants to pass the exam, they are required to successfully answer all mandatory questions and obtain a mark of 80 per cent overall.

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Table 3

Licence exam failure rates April 2019 – June 2019

Class Renewal Reissue (expired licence)

New Number of appli-cants

Failed first attempt at exam

Sat second attempt at exam

Failed second attempt at exam

A 4 2 2 8 3 (38%) 2 2 (100%) B 5 5 2 12 1 (8%) 0 0 C 8 11 8 27 10 (37%) 4 3 (75%) Total 17 18 12 47 14 (33%) 6 5 (83%)

Licensing Demerit Information

• Demerit points are issued for: o contraventions of the Construction Occupations (Licensing) Act 2004

or an operational Act;

o false or misleading information in relation to a construction service is given;

o the licensee or a director, partner or nominee of the licensee, is found guilty of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for at least one year;

o the individual licensee has compounded with creditors or made an assignment of remuneration for their benefit;

o the licensee is a corporation and enters into a scheme of arrangement, or a receiver, manager, receiver and manager or administrator is appointed over the licensee or any of its assets;

o a licensee that is a corporation or partnership operates without a nominee; and

o the licence has been automatically suspended and the cause of the suspension still exists.

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• The tables below provide a summary of demerit points incurred by all

licensees under COLA.

Table 4

Summary of demerit points incurred by all licensees 2018-19 Licence type Number of licensees

incurring demerits Number of demerits incurred

Builder 17 41 Building Surveyor 7 35 Drainer 1 2 Electrician 25 108 Total 50 186

Table 5

Summary of demerit points incurred by builders in all classes 2018-2019 Builder licence class Number of licensees

incurring demerits Total number of demerits incurred

Class A 3 9 Class B 4 22 Class C 10 10 Total 17 41

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Cleared as complete and accurate: 22/10/2019 Cleared by: Executive Branch Manager Ext:53740 Contact Officer name: Linda Southwell Ext:50060 Lead Directorate: Chief Minister, Treasury and


Cleared for release Yes Information Officer name: Linda Southwell


ISSUE: CUSTOMER SERVICE

Contact Centre

Wait times

• Contact Centre wait times have continued to improve since 5 additional call takers were funded in July 2018.

• Contact Centre average wait times in the 18/19 financial year reduced by more than 60% to 2 minutes 11 seconds compared to 5 minutes 47 seconds in the 17/18 financial year.

• The average wait time for September 2019 was 51 seconds with over 94% of calls being answered.

• The Contact Centre had over 130,000 less abandoned calls in the 18/19 financial year compared to 17/18 financial year.

• The Contact Centre answered over 38,000 more calls in the 18/19 financial year compared to the 17/18 financial year.

2017/18 2018/19

Calls Presented 649,831 555,816

Calls handled 431,131 469,549

Calls abandoned 218,700 86,267

Average wait time 347 seconds (5 minutes 47 seconds)

131 seconds (2 minutes 11 seconds)

Average Handle time 188 seconds (3 minutes 8 seconds)

198 seconds (3 minutes 18 seconds)

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• Most frequent Access Canberra topics of calls to the Contact Centre this financial year were:

o Registration – Renewal;

o Registration - Establish/Transfer;

o Registration – Inspections;

o Infringements – Parking;

o Infringements – Traffic Camera Office; and

o WWVP – Renewal.

Callbacks

• Callbacks are offered to those waiting more than 4 minutes between 7am and 5pm Monday to Friday excluding public holidays.

• The number of callback requests have decreased as the majority of callers are not in queue long enough to receive the information on how to request one.

• All callbacks are completed on the same business day they are received.

• The Contact Centre has successfully completed over 9,800 callbacks since July 2018.

• Incomplete callbacks occur when the client has not answered the callback or an incorrect number was left.

Webchat

• The webchat service is provided between 9am and 5pm Monday to Friday excluding public holidays.

• Users are able to be identified via the webchat service for Road Transport related enquiries as well as for general information about services, feedback or complaints.

• The webchat service handled an average of 1,037 chats per month in the 18/19 financial year which is consistent with the 17/18 financial year where the average was 1,060 per month.

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After Hours

• Contact Centre opening hours are:

o Monday to Friday 07:00 – 20:00

o Saturday 08:00 – 17:00

o Sunday 09:00 – 17:00

• Outside of these hours calls to 13 22 81 are answered by the Oracle CMS after hours team, which is Australian based.

• This service ensures that 13 22 81 is a number that is available to the ACT 24/7 for advice and urgent issues.

• A 24/7 on call officer from Access Canberra is also available in the event of emergency or for calls requiring escalation.

Service Centres

• The uptake of digital services has seen a decline in the number of people presenting to the Service Centres. Many of the simple transactions such as vehicle registration and drivers license renewals are now being completed online.

FY Customers Transactions Average Wait 2018/19 361,335 536,544 0:09:19 2017/18 384,303 560,058 0:10:50

• 22,968 (-6%) fewer customers visited the Access Canberra Service Centres and Civic Drivers Licence Service in 2018-19 than in 2017-18.

• 23,514 (-4%) fewer transactions were performed in the Access Canberra Service Centres & Civic Drivers Licence Service in 2018-19 than in 2017-18.

• The average wait time reduced by 1 minute 30 seconds in 2018-19 compared with the previous financial year.

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Statistics by Service Centre

2018-19

Service Centre Customers Transactions Ave wait time Belconnen 89,349 125,533 0:12:51 Civic 25,782 32,157 0:08:09 Gungahlin 77,395 127,734 0:07:38 Tuggeranong 87,500 119,991 0:04:46 Woden 81,309 131,129 0:12:30 Total 361,335 536,544 0:09:19

2017-18

Service Centre Customers Transactions Ave wait time Belconnen 94,174 130,574 0:15:39 Civic 24,599 30,136 0:07:21 Gungahlin 76,947 119,678 0:09:25 Tuggeranong 99,230 134,914 0:05:12 Woden 89,353 144,756 0:14:15 Total 384,303 560,058 0:10:50

Top Ten Services

2017-18 2018-19 Top 10 Services No.

Customers Top 10 Services No. Customers

Driver Licence 123,012 Driver Licence 117,831 Motor Vehicles, Number Plates and Parking 116,295

Motor Vehicles, Number Plates and Parking 109,200

Registration Renewal 39,093 Registration Renewal 33,383 Working with Vulnerable People 25,420

Working with Vulnerable People 23,780

MyWay 12,695 MyWay 14,784 Births, Deaths and Marriages 11,605 Proof of Age Card 10,880 More Services 10,174 More Services 10,169 Proof of Age Card 9,487 Parking Permit/Ticket 8,255 Infringements 7,048 Business Registrations,

Licensing and Permits 7,430 Business Registrations, Licensing and Permits 6,974 Infringements 6,850

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Top Ten Transactions

2017-18 2018-19 Top 10 transactions No.

Customers Top 10 Transactions No.

Customers Renew Registration 54,497 Create/Maintain Client 61,739 Create/Maintain Client 47,030 Renew Registration 46,099 Renew licence 44,139 Renew licence 38,301 Motor Vehicle Enquiry 39,099 Establish Registration 34,643 Establish Registration 37,344 Motor Vehicle Enquiry 33,901 Licence Enquiry 32,701 Licence Enquiry 28,873 Transfer Registration 28,171 Transfer Registration 28,699 Maintain licence 19,949 Maintain licence 18,925 Issue UVP 19,528 Issue Driver licence 17,975 Issue Driver licence 18,584 Issue UVP 16,271

Registration Renewals

• Not only has there been a decrease in the number of vehicle registrations being processed in the Service Centres, we have also seen a significant decrease in the number of registration payments made at Australia Post outlets and via BPAY.

Financial year Registration renewed in Service Centre

Rego renewal SC at kiosk

Rego renewal online

Rego renewal Australia Post

Rego renewal BPAY

FY 2015/2016 75,873 65 173,824 49,840 151,589

FY 2016/17 68,775 844 203,902 46,605 157,694

FY 2017/2018 56,808 3,934 240,107 44,920 159,176

FY 2018/2019 Comparison to 17/18 FY

47,350

(-16.6%)

4,570

(+16%)

317,581

(+32.6%)

35,882

(-20%)

122,743

(-23%)

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The above results are from the annual customer satisfaction survey for Customer Services (Service Centres, Contact Centre and website) only. The Access Canberra Customer Satisfaction Accountability Indicator 3c published in the Annual Report is a combination of the Annual Survey results (for customer services) and Client Assessment feedback (for regulatory services).

Christmas Shutdown

• All Access Canberra Service Centres and Shopfronts closed for the two public service shutdown days over Christmas for the first time in 2018.

• Access Canberra received no complaints from the community about this change.

• There was a significant number of transactions performed online over this period demonstrating that customer habits are changing. December 2018 and January 2019 recorded the highest number of driver licence renewals online over a 12-month period.

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Applications and Approvals:

Calls Taken

• Total Phone calls taken 73,514 o ACTPLA Main 30,482 o Electrical 11,935 o Plumbing 14,936 o Worksafe 4,265 o Building Registrations 5,233 o Building Counter 2,035 o Conveyancing 3,210 o Development Application Lodgement 1,035 o Development Application Notification 383 o Average Wait time 0.33 minutes o Average Call handle time 3.25 minutes

Environment, Planning and Land Specialised Centre

2018-19 2017-18 Development Applications lodged 1,098 1,072 Amendments Lodged 1,224 1,238 Entity referrals 6,189 5,943 Comments Received 10,074 9,635 DA Public Notification processes 1,144 1,355 Representations received 2,617 3,026 Reconsideration Applications 44 42 ACAT Appeals Submitted 27 25 Preapplication meetings booked 209 265 Compliance certificates issued 1,031 1,197 Exemption Declaration Applications 954 1,762 Plan Searches 1,095 1,555 Land Activity Notices received 807 844 Fingerprint services 1,199 934 ACT Access Cards issued 312 321

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Environment, Planning and Land Specialised Centre Counter Service

• Total Customers Served (including Land Titles) 17,985

o Average Wait time 2.03 minutes o Average handle time 6.51 minutes

Building Services Specialised Centre

2018-19 2017-18 Building Approvals lodged 4,418 4,601 Certificates of Occupancy or Use issued 4,272 4,095 Building file requests 1,512 2,518 Drainage Plan Searches 1,655 1,330 Energy Efficiency Rating Returns 5,497 6,930 Building Conveyancing 5,092 5,772 Lease Conveyancing 12,522 11,763 Number of Counter Enquiries 7,996 9,008 Plumbing Inspections booked 21,776 19,330 Electrical Inspections booked 20,338 18,403 Plumbing plans and permits, backflow and minor works

24,996 23,122

Certificate of Electrical Safety, new work, Adds & Alts, solar, repair, Nex Gen

32,815 29,694

Digitisation of Building files project

• The building file scanning project is improving service timeframes. In 2018-19, 11,077 building files were digitised, enabling 66% of building file searches and building conveyancing enquiries to be performed digitally end-to end.

Diverse Workforce

• The team supported five trainees in vocational employments programs to increase the diversity of our workforce. Three staff members are part of the Aboriginal and Torres Strait Islander program and two are part of the Inclusion program and they performed a variety of customer service and administrative tasks.

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Land Titles

2018-19 2017-18

Average processing time for registrations

9.77 days

19.38 days

Registrations Issued 60,747 65,160

Land Titles Modernisation

• From 1 July 2018, the directorate has been developing a new business system for the management and storage of ACT Land Titles. The new system called the ACT Land Information System (ACTLIS) is now in advanced stages of development.

• Apart from replacing the entire land titles system, including new infrastructure, the main features of this release will be the implementation of cashless and cheque-less transaction saving industry and government the burden of handling some 28,000 cheques annually.

• Other major features will be the implementation of Paperless Titles and a Title Watch service whereby industry and the public will be able to pay an annual subscription to receive alerts if there is activity on a given title.

• In addition to the implementation of a new business system, the directorate is also delivering a new national electronic lodgement and registration system called E-Conveyancing. This new system will allow industry to settle funds online and submit dealings and pay lodgement and service fees via a web based platform.

• To ensure the above initiatives are supported by robust regulatory framework, the directorate is also undergoing significant regulatory reform which will deliver a comprehensive review of the Land Titles Act 1925 and other associated Acts, the adoption of the E-Conveyancing National Law (ECNL).

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Customer Feedback Quotes

• "I enjoyed a good live chat session with a Marianne. I had a direct and basic question and got a direct and comprehensive answer. Very impressed with Live Chat service and the timeliness with which I could interact. Well done Marianne.”

• “I think this is the best service in the ACT.”

• “Service here is extraordinary.”

• “Every time I have come in the staff are friendly and professional. It is a very pleasant experience.”

• “Best government dept I have ever had to deal with. Wonderful friendly and efficient staff.”

• “I just wanted to highlight the exceptional customer service provided to me today by Shannon M of the Access Canberra Land Titles Office at 16 Challis Street, Dickson.”

• “He went out of his way to assist me in getting an issue resolved today. It was an absolute pleasure to deal with him.”

• “I just wanted to commend the ever so helpful Jack Shaw who helped my sister and I complete some forms this morning at the shopfront in Dickson. I felt he went above and beyond with his customer service, he was sincere and very helpful.”

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Digital Services

• 385 digital transactional services are available (as at 3 July 2019). 51 were added in 2018-19.

• 203 of these digital transactions are enabled for Business transactions.

• There were over 2,095,445 digital transactions completed in 2018-19 (includes Smartforms, rego online, CRM web forms, online bookings, BPay, EFT, Aust Post).

• 5.76 million digital interactions (incl website) in 2018-19.

• Access Canberra website continues to be one of the most visited ACT Government websites.

• Improvements include:

o view parking infringement online;

o several new online registers were published bringing the total available to over 60 ;

o new search functionality was added that allows customers to search within Access Canberra website or Whole of Government; and

o address validation service was also applied to many of our online forms which simplifies the interaction with customers.

• New digital transactional services launched in 2018-19 include:

o Birth registration;

o Time to pay infringement;

o Infringement declaration for Known user;

o Driver licence WWVP and PVDAC card replacement;

o View parking infringement online;

o Written off vehicle notification; and

o Party hosting notification form.

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Website visits

2018-19

Top 10 Pageviews Page Views Entrances Find Answers 1,014,207 97,602 Home 850,144 428,022 Motor vehicle registration and renewal

774,893 378,129

Access Canberra - Home 573,738 302,060 Access Canberra services, locations and opening hours

434,637 103,405

Traffic and parking infringements

345,110 128,678

ACT driver licence information

286,921 136,112

Working with vulnerable people (WWVP) registration

249,658 128,740

Motor vehicle registration transfer

182,934 65,917

Payments 126,154 15,939 Total all pages 9,463,101 3,632,510

2017-18

Top 10 Pageviews Page Views Entrances Access Canberra - Home 1,451,500 785,013 Find Answers 1,089,768 7,977 Motor vehicle registration and renewal

691,948 322,698

Access Canberra services, locations and opening hours

335,728 110,170

ACT driver licence information

238,746 114,914

Payments 222,767 26,120 Traffic and parking infringements

195,215 68,599

Working with vulnerable people (WWVP) registration

175,215 101,599

Motor vehicle registration transfer and disposal

115,629 42,360

Motor vehicle inspections 104,812 35,122 Total all pages 8,339,021 3,251,150

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Complaints Management

• The CMT managed 10,516 complaints this financial year.

• The CMT receives approximately 30 new incidents each day (28.8 Avg per day); or just over 200 complaints per week (201.7).

• The main complaint types for 2018/19 were:

o 3,252 – Illegal parking (31% of all complaints);

o 2,844 – Environmental (27%);

o 1,328 – Australian Consumer Law/Fair Trading (12.5%);

o 1,163 – Building and planning (11%);

o 531 – Transport (5%); and

o 386 – Customer Service (3.5%)

• 6,801 incidents were resolved by the CMT this financial year. This equates to approximately 65% of total complaints received.

• The CMT deals with complaints about Access Canberra’s services as well as complaints made under legislation Access Canberra administers.

• The CMT works closely with business areas across Access Canberra and other parts of the ACT Government to resolve issues.

• The team helps to reduce administrative burden for regulatory teams by completing the initial assessment of regulatory complaints, as well as initial liaising and collection of evidence.

• Business areas we assist include parking operations, EPA, Building and Planning and Fair-Trading investigations.

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Environment and Parking complaints

• Certain initiatives by CMT in respect to Parking and Environmental matters resulted in fewer escalations of matters to those line areas.

• On average, CMT processed 80% of Environmental matters in 2018-19.

• Noise complaints comprise 80% of all Environmental matters received by the CMT. In November 2018 the CMT introduced a change in the way it engaged with complainants in an attempt to reduce the number of noise complaints escalated to the EPA. Greater information was provided on how to resolve the issue themselves – through Conflict Resolution Services, greater engagement with the subject of the complaint and an introduction of a form for public notification of parties (the Party Form).

• These changes resulted in an average of 85% of environmental matters being dealt with by the CMT in the period November 2018 to June 2019 compared with only 73% in the first part of the financial year.

• Complaint levels will be monitored ongoing to gauge whether these initiatives have an impact on noise complaint numbers.

75% 72%67% 70%

80% 85% 82%89% 89%

84% 79%85%

0%

20%

40%

60%

80%

100%

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

% Change in Environmental mattershandled by CMT

FY 2018-19

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• On average, CMT processed 67% of parking matters in 2018-19.

• In February 2019, the CMT introduced changes to business processes and internal escalations for parking-related complaints regarding non-dangerous and less urgent parking related issues. This resulted in CMT handling an average of 74% of parking matters in the period February-June 2019 compared with only 59% in the first part of the financial year.

• With the CMT dealing with a greater proportion of low-risk complaints, the cost in dealing with low risk complaints is reduced; and expert resources within the EPA and Parking Operations can focus on high risk issues.

Intel and Analysis

• As of the start of May, Access Canberra established a dedicated data analysis team that will support other business units and identify emerging trends and issues relevant to the tactical, operational and strategic objectives of Access Canberra.

• The team provides business areas with information on the likely or actual impact of activity affecting the Canberra community within the ambit of Access Canberra’s responsibilities.

65%54% 51% 48%

61%67% 68% 70% 72% 77% 80% 78%

0%

20%

40%

60%

80%

100%

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

% Change in Parking mattershandled by CMT

FY 2018-19

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• The information assists business areas in their decision-making processes and helps to develop targeted compliance initiatives to minimise harm to the Canberra community.

• The establishment of the Intel and Analysis team provides meaningful input to Access Canberra’s case selection process through:

o the ongoing provision of intel on emerging trends and issues; and

o a sound evidentiary basis for case selection (triage).

• The team will also provide support to other business areas to assist in tracking complaint levels and work volumes to ensure resources are effectively deployed and focussed on high risk areas.

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Working with Vulnerable People • WWVP average processing time in 2018-2019: 11 days (business days)

• WWVP - number of staff in teams processing WWVP applications divided

by temporary/permanent:

Background Screening Unit

Risk Assessment/Investigations

Team

Business Compliance

Team

Total number of staff

10 (incl. manager SOGB)

9 (incl. manager SOGC) 2

Number of staff who own nominal positions in WWVP unit

4 5 2

Number of temporary contracts w/n the unit

7

6

(incl. 2 x HDAs, staff who own nominal positions in

WWVP)

n/a

Number of temp staff who own nominal positions within the unit.

2 2 n/a

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Cleared as complete and accurate: 23/10/2019 Cleared by: Executive Branch Manager Ext: 53732 Contact Officer name: Felicity Burns/Giuseppe

Mangeruca/Tyler Penfold Ext: 59373/70252/79012

Lead Directorate: Chief Minister, Treasury and Economic Development

Cleared for release Yes Information Officer name: Derise Cubin

Licences renewed online

• In the 2018/19 financial year a total of 65,159 Drivers Licences were renewed. 27,134 or approx. 40% were renewed online the remaining 38,205 or 60% were renewed in an Access Canberra Service Centre.

The Rego System

• In 2018/19 the rego.act system recorded 1,271,254 financial transactions, supporting the Road Transport Authority (RTA), High Risk Work Licences (HRWL) and Working with Vulnerable People (WWVP) business functions.

Events Supported:

• The Event and Business Co-ordination team (EBC) provides support to event organisers as well as new businesses in the Territory providing a single pathway into Government. The work undertaken by the team is central to achieving the Chief Ministers vision of “making the Territory one of the world’s most liveable and competitive cities – Welcoming to All”.

• During in 2018-19 the EBC team supported 217 event organisers obtain more than 440 approvals (e.g. liquor, road closure, public unleased land, and traffic management plans approvals). Beyond this, the EBC team has responded to countless additional enquires relating to events big and small, as well as in supporting local businesses commence trade.

• EBC has supported many different businesses throughout the year with varying levels of complexity. Pathway solutions have been provided to 68 businesses to facilitate their business proposals. EBC continue to provide services to new businesses helping support them through their transition from planning to operation.

Small Business Visits:

• The ACT Government Minister for Small Business, Gordon Ramsay, is visiting a number of small businesses across the ACT this year to talk to businesses about challenges and opportunities in operations, to learn more about small business, and how best the ACT Government can

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provide support. Since May 2019 EBC has been facilitating these visits with a total of 4 small business visited in the reporting period.

Implementation of Controlled Sports Regulation:

• The Controlled Sports Act 2019 (the CS Act) commenced on 11 October 2019. The Act defines a combat sport as a sport or activity in which a person strikes, kicks, hits, grapples with, throws or punches another person.

• The Boxing Control Act 1993 has now been repealed.

• The CS ACT is supported by subordinate legislation, including the Controlled Sports Regulation 2019, The Controlled Sports Code of Practice a Fee Determination, the Controlled Sports Public Interest Guidelines for registration considerations, light contact combat sports exemptions, and establishment of Authorised Controlled Sports Bodies.

• The Controlled Sports Registrar was appointed on 16 August 2019. This position sits within Access Canberra, who has assumed the responsibility for the regulatory functions of the Act.

• The CS Act also sees the introduction of Controlled Sports Inspectors in the ACT. This brings the ACT in line with other regulating jurisdictions and ensures that compliance issues can be managed quickly, addressing the safety and integrity objectives of the legislation.

Liquor Licensing

• Access Canberra is responsible for administering the Liquor Act 2010 (the Act) in the ACT.

• As at 30 June 2019, there were 747 active liquor licenses in the ACT (see Table 1 below).

• In 2018-19 financial year 798 commercial and non-commercial liquor permits were issued. These permits not only assisted in creating vibrant and active spaces, but also contributed to the Territory’s burgeoning urban rhythm. Events to which permits were issued included the Multicultural festival, the Handmade Markets and Floriade.

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Table 1: Active liquor licenses as at 30 June 2019

Licence Type Active licenses

Off 203

Club 49

General 42

On 431

Special 18

Catering 4

TOTAL 747

• In the 2018-19 financial year 81 new liquor licenses were issued. In issuing these licenses Access Canberra assisted business and entrepreneurship by facilitating novel and innovative business structures such as micro or craft breweries and online retail businesses. The new licenses included:

o 17 Off licenses;

o 51 On licenses;

o 8 General licenses;

o 1 Special licence; and

o 4 Caterer licenses;

• All new liquor licenses have been issued perpetually, saving administrative effort. The estimated cost saving to a licensee is up to 40 minutes or up to $32.06 per annum. 31 existing liquor licence holders had their periodic liquor licenses converted to perpetual licenses on renewal. The change has allowed liquor licenses to maintain their license by simply paying their ongoing fees, removing administrative complexity by removing the need to renew everyone or three years. The remaining

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periodic licenses will be converted to perpetual licenses during the 2019- 20 financial year.

• 2,464 quarterly installment liquor licence fee payments have been processed.

• Total liquor licence numbers have increased by 34 during the 2018-19 financial year. There has been a noticeable uptake of On licenses. 80% of new On licenses were issued for a restaurant/café with the highest number of new venues being in the City (8) and Acton (7). The Acton increase can be attributed to the opening of the Kambri precinct located at the ANU.

• There were four catering licenses issued during the reporting period which allow a licensee to sell liquor in open containers for consumption at premises in the course of conducting a catering business. Previously, the requirement was for a commercial permit to be obtained for each function. The Caterer licence has reduced the repetitive administrative burden on businesses.

• Low risk licensees continue to benefit from the new fee structure that commenced on 1 July 2017 in recognition of the importance of small and low risk businesses to the ACT. Premises with an occupancy loading of 150 or less and licensed hours of 2 am or earlier pay a reduced 25% annual fee. 284 businesses now pay a reduced fee (1 Club licence, 18 General licenses, 2 Special licenses, 244 On restaurant licenses and 19 On bar licenses). Savings in licensing fees vary from $350 to $3,156 per annum.

• 40 special event authorisations for extended hours have been approved at no additional cost to licensees. Previously, if a licensee wished to hold an event outside of their permitted hours, they were required to apply for a commercial liquor permit. This process now saves the applicant approximately 2 hours of time, and depending on the permit type, a potential monetary saving of between $122 (for a permit up to $2,000 worth of retail liquor sales) to $746 (for a permit up to $10,000 worth of retail liquor sales). These special events authorisations included extended trading hours for special events including the 2018 World Cup Soccer finals, Anzac Day and live music functions.

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Outdoor Dining – Public Unleased Land

In the 2018-19 financial year:

• 35 new permits were issued under the Public Unleased Land Act 2013 activating further public spaces in the ACT for 22 outdoor dining areas, 11 hawking activities and two vehicle verge permits. 50% of the outdoor dining permits were issued for the Canberra Central area while the remaining areas were spread evenly across the Canberra region.

• Three applicants took advantage of the one-month free trial (2 City + 1 Mitchell).

• 12 transfer applications were approved, and permits issued.

• 13 amendment applications were approved, and permits issued.

• An 8% discount in fees has been applied to outdoor dining permit holders (inclusive of existing businesses).

• Access Canberra is proactively identifying areas to engage, educate and promote outdoor dining whilst building relationships with permit holders.

Outdoor Dining – Hibberson Street, Gungahlin

• Access Canberra has worked with businesses affected by the light rail construction since March 2017 to facilitate ongoing trade in their outdoor dining areas.

• To minimise the impacts on those businesses most affected by the construction of the light rail, new ways of facilitating outdoor dining were established such as the permitting of numerous smaller areas to maximise the outdoor dining space for those businesses.

• Access Canberra, together with Transport Canberra and City Services Directorate (TCCS), worked to simplify the permit process through the standardisation of conditions along the Hibberson Street Shared zone, the planning placement of tactile tiles to allow easy navigation, and proactive engagement on permittable areas for existing and potential permit holders.

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• Since the completion of the construction works along Hibberson Street, 11 of the 14 permits affected have been reinstated, 2 of the businesses closed down and 1 is pending payment (inclusive of 1 free month + 8% discount). 4 new businesses have successfully applied for outdoor dining permits.

Outdoor dining – Anketell Street, Greenway

• Access Canberra has continued to work closely with the 10 businesses affected by the street redevelopment along Anketell Street which commenced in August 2018. 7 permits have been reinstated, 2 require reassessment to reduce their areas and 1 will likely see an increase in their permitted area.

• Access Canberra is working closely with TCCS to ensure the relevant areas are quickly reassessed to allow the resumption in outdoor dining.

• An established business has shown interest in obtaining a permit to use their outdoor area and Access Canberra, in a similar fashion to existing permit holders, is working closely with the proposed permit holder throughout the process.

Births Deaths and Marriages:

Access Canberra undertook the following activities in 2018-19 relating to Births, Deaths and Marriages:

• registered 6,328 births, and issued 12,303 certificates;

• registered 918 change of names, and issued 502*change of name certificates;

• registered 1,489 marriages, and issued 2,579 marriage certificates;

• registered 117 same sex marriages, and issued 69 corresponding marriage certificates;

• registered 552 civil relationships, and issued 570 civil relationship certificates; and,

• registered 2,322 deaths and issued 3,272 death certificates. *Note: following the registration of a change of name, a person may receive an updated birth certificate showing the name as changed rather than a change of name certificate.

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Online birth registration:

• Approximately 79% of birth registrations performed during the financial year were done online.

• Average birth registration time: 6 days.

Working with Vulnerable People:

• Under the to the Working with Vulnerable People (WWVP) scheme, Access Canberra:

o performed background screening on 46,405 applicants in the issue of their WWVP registration;

o average processing time of 11 days; o conducted 73 WWVP site inspections, resulting in 849 registration

checks; and o conducted 61 desktop audits resulting in 1,921 WWVP registration

checks; • Access Canberra dentified 42 instances of non-compliance with WWVP

legislative framework, with the majority of issues relating to a failure to produce the registration card on request and not holding a valid registration. In these instances, investigators took the approach of engaging and educating individuals to have their WWVP cards with them when undertaking a registered activity or alternatively assisted them to become registered under the WWVP scheme.

• Access Canberra identified a business engaging several persons that did not hold a WWVP registration resulting in an infringement notice being issued to the business for employing people that did not hold current WWVP registration.

• Access Canberraconducted 151 investigations into the alleged breaches of the Working with Vulnerable People (Background Checking) Act 2011 resulting in 11 suspended registrations.

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Cleared as complete and accurate: 21/10/2019 Cleared by: Executive Branch Manager Ext:74780 Contact Officer name: Chris Seddon Ext:77205 Lead Directorate: Chief Minister, Treasury and


Cleared for release Yes Information Officer name: Chantel Potter


ISSUE: PARKING AND TRAFFIC SAFETY

Licence Plate Recognition (LPR):

• The LPR vehicle has proven to be an efficient and effective way of regulating dangerous and illegal parking, whilst reducing work health and safety issues for parking operations staff.

• LPR allows infringements to be issued in a way which avoids confrontations between foot-patrol parking officers and drivers and is used in situations where this is a high risk of occurring.

• The LPR cameras are typically used around sporting events, school zones, large construction sites and residential areas to enforce parking rules. There is a focus on reducing unsafe and illegal parking practices.

• The cameras used are vehicle mounted and can determine if a vehicle has remained in place for more than the permitted time or has parked illegally in locations such as nature strips, no stopping zones and time limited parking zones.

• The LPR camera systems are now fully integrated into the ACT’s parking enforcement with 4 active LPR vans using 6 cameras in total and the number of LPR vans will remain the same in the coming year.

• There are 9 inspectors in the team (Traffic Camera Compliance unit).

• The LPR team issued 29,919 infringements for the 2018-19 financial year. This accounted for approximately 26.6% of all infringements issued for this period.

Speed Cameras:

• There is currently one location where point-to-point cameras operate. The location on Hindmarsh Drive – one camera monitoring east-bound traffic and the other monitoring west-bound traffic.

• There are 26 fixed cameras located around Canberra. There are no new sites planned for the coming year, but several current assets have reached

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Parking Inspectors:

• There are 26 inspectors in the Parking Operations team. The parking inspectors conduct foot patrols throughout Canberra, undertaking patrol on streets and in carparks. They often work in unison with the LPR team to ensure all aspects of enforcement can be undertaken. This approach has been particularly effective in school zones and around major events. Inspectors are often called upon to provide information and advice to members of the community.

• Parking inspectors attend to parking complaints received via phone, email or Access Canberra Contact Centre. The complaints include line-of-sight obstruction, and vehicle and pedestrian safety concerns.

• There were 3,252 complaints for parking reported though the Complaints Management Team (CMT) during 18/19.

• Below chart is a month by month break down of parking complaints received.

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• Parking patrols around city centres assist with fair and equitable parking and business amenity.

• Parking inspectors issued 82,296 parking infringements throughout 2018/19. These infringements are issued for a range of offences such as no stopping, overstaying time restriction and failing to pay for parking.

• Mobility parking permits allow Canberrans with reduced mobility to park proximate to the locations they need to visit. Abuse of the mobility parking scheme disadvantages come of our most vulnerable community members. Parking inspectors have issued 692 infringements to vehicles displaying an illegitimate (lost, stolen, copied, or deceased persons) permit for the period February – September 2019 reducing the number of people abusing this system.

Safety

• Parking Operations and Traffic Compliance unit has used Licence Plate Recognition (LPR) to greatly improve safe parking practices at school zones in response to complaints from school principals, concerned parents and residents living adjacent to schools.

• In 2019, LPR has attended school zones on 461 occasions (1 January - 30 September 2019). Patrols have particularly focussed on illegal parking that potentially endangers our most vulnerable members of the community – school children.

• Parking Operations is mindful that school zones are congested and busy for short periods of time and it is imperative that motorists have appropriate lines of sight especially around crossings and drop off zones.

• These patrols along with other restrictions such as 40km/h school zones can make a large difference to the likelihood of a pedestrian death or serious injury occurring.

Positive outcomes

• The success of LPR has been particularly evident during key events such as Raiders games at GIO Stadium. Parking Operations collaborated with Events ACT, Access Canberra media liaisons and Transport Canberra to promote legal parking and alternate transport options for patrons attending

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the games. LPR patrols along with targeted advertising led to a significant improvement to parking behaviours at these events.

• Further successes have been recorded at school zones. LPR patrols visit multiple schools daily during the school term. This has enabled Parking Operations to address significantly more complaints received in these areas and assisted in successfully enforcing illegal parking in situations that have traditionally been a risk for confrontation between members of the public and on-foot patrols.

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Cleared as complete and accurate: 21/10/2019 Cleared by: Executive Branch Manager Ext:74780 Contact Officer name: Chantel Potter Ext: Lead Directorate: Chief Minister, Treasury and



Portfolio/s: Justice, Consumer Affairs & Road Safety

ISSUE: CONSUMER AFFAIRS AND FAIR TRADING

Key Information:

• Access Canberra participates in a number of cross-jurisdictional National Australian Consumer Law (ACL) compliance programs, which include market surveillance to detect any unsafe products being offered to consumers, to ensure that bans or recalls are maintained and that non-compliant products are not being offered for sale within the ACT.

• This cross-jurisdictional collaboration extends to Access Canberra’s participation in various interjurisdictional Forums and Working Groups. These allow for state and territory regulators to develop a coordinated approach for the treatment of nationally significant Consumer Affairs matters. They also provide a forum to share intelligence on emerging matters and current investigations that may have some bearing within the ACT, such as those involving national retailers.

• Of significance during the 2018/19 financial year is participation in three national consumer law projects, with a high compliance rate confirmed. These were:

o Fundraising and the Australian Consumer Law, undertaken as part of the Compliance and Dispute Resolution Advisory Committee (CDRAC), inspecting the conduct of fundraising/charity organisations across the country. No issues were identified in the ACT;

o Toppling Furniture surveillance program, undertaken as part of CDRAC’s National Toppling Furniture Strategy, where the retail sector was inspected to observe the uptake of the Industry Code of Practice for Furniture and Television Tip-Over Prevention. There were 30 stores inspected, 28 had anchoring points available for sale; and

o Baby Walkers educational program, undertaken as part of the Consumer Affairs Australia and New Zealand (CAANZ) National Integrated Product Safety Strategy (IPSS). Surveillance and

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education in the retail sector was undertaken, with no non-compliance issues being found in the ACT.

Fair trading education, engagement and enforcement model

• Access Canberra undertakes its preventative ‘engage and educate’ compliance activities specifically targeted to those industries or sectors where the conduct is likely to pose the greatest harm to the community, workers and the environment.

• Engage means ensuring there is a positive working relationship with stakeholders and members of the public. Engagement activities include proactive outreach and compliance programs aimed at assisting regulated entities to understand their obligations and to work with stakeholders who may be experiencing difficulty in achieving voluntary compliance.

• Educate means taking reasonable steps to ensure people know how to comply. Education includes the provision of advice concerning obligations, conducting inspection activities based on risk assessment and applying an educative compliance approach where the conduct engaged in has caused minimal to no direct harm.

• Enforce means taking action for non-compliance, proportional to the harm caused by the conduct. Enforcement is the formal exercise of statutory powers, such as issuing an infringement notice. While enforcement action can arise from proactive activity, reactive response to complaints and concerns raised by the public is typically where this arises.

• Data is crucial to informing proactive compliance programs. Information on historical, current and emerging risks allows officers to target sectors and industries that pose the greatest risk to workers, the community and the environment.

• Access Canberra identifies emerging risks through:

o coordinated information sharing with other regulatory agencies, including in other jurisdictions;

o technical and subject matter expertise;

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o engaging with workers and the community;

o assessing practices and identifying experiences in other jurisdictions;

o reviewing inspection or complaints records and injury data;

o engaging with internal and external clients; and

o Social media monitoring.

• The identification of risks, and the possible consequences associated with the risks, provides Access Canberra with sufficient evidence to determine the industries or sectors to engage with.

Compliance Programs

• Access Canberra focusses on using the right regulatory response in the right situation. This often involves engagement and education of individuals and business, encouraging voluntary compliance with relevant legislation. Enforcement action is taken where the conduct is systemic, likely to cause significant harm or is a risk to life, health or the environment.

• Access Canberra undertook a number of regulatory compliance programs during the 2018/19 financial year. These have been focussed on consumer law and product safety, liquor, security, smoke-free public places and working with vulnerable people.

• Access Canberra conducted a proactive compliance program of motor vehicle repairers in May 2019. Through this activity 29 home-based motor vehicle repairers were inspected and assessed for compliance with Environment Protection, Fair Trading, Building and Planning laws. On initial inspection, 11 of the 29 were found to be non-compliant and operating without a compulsory trader’s licence. These operators were provided with guidance and direction to rectify their non-compliance. On re-inspection, 28 of the 29 were found to be compliant. Following engagement, the one non-compliant home-based repairer ceased engaging in motor vehicle repair work.

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Working with Vulnerable People

• In the 2018/19 financial year inspectors checked 2,770 Working with Vulnerable People registrations across the ACT through a combination of field based inspections and desktop audits.

• 134 businesses were inspected covering industries such as children’s sports, childcare and education, mental health services, services for addictions, religious organisations, community services, justice facilities and transport.

• 42 instances of non-compliance with WWVP legislative framework were identified, with the majority of issues relating to a failure to produce the registration card on request and not holding a valid registration. In these instances, investigators assisted them to become registered under the WWVP scheme and educated individuals to have their WWVP cards with them when undertaking a registered activity.

• One infringement was issued to a business for employing unregistered people to engage in a regulated activity.

Major Events

• Inspectors worked closely with ACT Policing throughout 2018/19 on a number of inspections of major events held across the ACT. These included Melbourne Cup race day, ANZAC Day, Groovin’ the Moo, Summernats, Oktoberfest, Royal Canberra Show, Multicultural Festival and others.

• In total 22 major event inspections shifts were conducted, performing 178 venue inspections across the combined events.

• Inspectors checked 1,637 RSA certificates and 465 security guard licences, finding 92% and 98% compliance respectively on initial inspection.

• Of the 178 inspected liquor venues, 89% were compliant on initial inspection.

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Compliance actions

The compliance activities conducted resulted in the following:

Legislation Breaches Action taken

Liquor Act 2010

Supply liquor without RSA, failure to keep current RSA certificates, failure to report incidents, licensee allowing liquor to be taken away from the premises.

19 Formal written warnings

2 reminder of obligations letter

2 infringement of $1,100

Security Industry Act 2003

Security not wearing licenses/UID cards on display.

3 Written warnings

Agents Act 2003

Failed to open trust account, failed to notify of trust account closure, failed to undertake trust account audit.

9 Written warnings

6 Reminder of obligations

Public Unleased Land Act 2013

Use of public unleased land without permit.

3 Formal written warnings

• In June 2017, a licenced venue was found to be in breach of liquor service requirements.

• On 27 August 2018, the matter was referred to the ACT Civil and Administrative Tribunal (ACAT) seeking occupational disciplinary action to be taken against the licensee. Following the ACAT action, three outcomes were reached:

o the now former licensee would be fined $20,000;

o they would have a public reprimand; and

o an 18 month suspension from applying for any future liquor license was imposed.

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• Access Canberra is seeking declarations, injunctions, pecuniary penalties, corrective advertising, and costs through the proceedings.

• An outcome in the matter is expected later this year or early next year.

Occupational disciplinary action against real estate agents

• As part of a proactive program focussed on the real estate industry, the Commissioner commenced occupational disciplinary action against four real estate agents in ACAT. Two of the actions were finalised within the financial year, while the other two remained ongoing. The actions related to the failure to undertake trust account audits within the prescribed timeframe.

• Donald McPherson, trading as One Agency Don McPherson, was ordered by consent to pay a $2,500 penalty for failing to undertake one trust account audit report within the required timeframe and failing to maintain adequate trust account records.

• Denise Flint, trading as Denise Flint Real Estate, was ordered by consent to pay a $2,000 penalty for failing to undertake two trust account audit reports within the required timeframe.

Action against Murlton Pty Ltd, trading as ACT Strata Management Services (ACT Strata Management), Mr David Bowditch

• In August 2018, the Commissioner commenced occupational disciplinary action against Murlton Pty Ltd, trading as ACT Strata Management Services. The action related to breaches of rules of conduct in the provision of strata management services.

• Murlton Pty Ltd was ordered by consent to pay an $8,000 penalty and ensure that its licensed director, Mr Bowditch, completed additional professional training.

• In April 2019, the Commissioner commenced further action against Murlton Pty Ltd and Mr Bowditch for failing to comply with the ACAT orders to pay an $8,000 penalty and to ensure that Mr Bowditch undertook professional training.

Criminal prosecution for providing real estate services while unlicensed

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• In June 2019, the Director of Public Prosecutions issued three summonses to an individual relating to the alleged provision of real estate agent services while unlicensed. Each offence under the Agents Act 2003 carries a maximum penalty of 50 penalty units, imprisonment for six months, or both.

Public warning notice

• In October 2018, the Commissioner issued a public warning notice about Dominion General Group of Companies Pty Ltd, trading as Mr Solar Australia, and its sole director Mr Rajan Walia.

• The public warning notice followed complaints alleging the company and its director took payment for the supply and installation of solar systems in the ACT, but either failed to supply the goods or services, or supplied goods or services that were materially different to the ones that consumers had paid for.

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Cleared as complete and accurate: 25/10/2019 Cleared by: Executive Branch Manager Ext: 50319 Contact Officer name: Jodie Vaile Ext: 71915 Lead Directorate: Chief Minister, Treasury and




ISSUE: ACCOUNTABILITY INDICATORS – GAMBLING AND RACING COMMISSION

Key Information:

• The Gambling and Racing Commission achieved a 95 per cent rating relating to the satisfaction and 100 per cent rating with the ease of interacting with the Gambling and Racing Commission. This result is the outcome of a survey of 19 customers who had interacted with the Commission during the reporting period.

• An increased focus on engagement and education activities has had an impact on the level of compliance resulting in a reduction in the need to undertake enforcement action. During the reporting period, there were 100 interactions undertaken, which resulted in 78 engagement activities, 22 education activities and no enforcement activities.

• Compliance rate during targeted campaign inspections is measured by re-inspecting any areas of non-compliance identified during initial targeted campaign visits. The number of licensees now compliant is divided by the number of licensees originally found to be non-compliant and the result is expressed as a percentage.

• During the reporting period, the Gambling and Racing Commission undertook 3 targeted inspection campaigns with all relating to gaming machines. Out of these targeted inspections, there were 11 incidents of non-compliance identified. Following completion of the campaign, compliance rates were reassessed and all 11 incidents identified at the completion of the initial campaign were found to have been rectified. As the 11 incidents of non-compliance were found to be compliant at the second assessment, this resulted in a 100% compliance rate.

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Accountability Indicators Original Target

2018-19 Actual Result

2018-19 Variance from

Original Target %

a Undertake evidence (e.g. research and evaluation) informed activities to prevent and reduce gambling harm, including through the Problem Gambling Assistance Fund

12 12 0

b Percentage of customers satisfied with the Gambling and Racing Commission

90% 95% 5.6

c Percentage of the Canberra community satisfied with the ease of interacting with the Gambling and Racing Commission

95% 100% 5.3

d Compliance rate during targeted campaign inspections

90% 100% 11.1

e Compliance activities: engage, educate, enforce

70:20:10 78:22:0 5.7/20/(90)

f Average level of helpfulness after issuing a notice or before issuing a license/authorisation

4.2 out of 5

4.0 out of 5 (4.8)

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ISSUE: GAMING AND RACING – COMPLIANCE AND COMPLAINTS

Compliance Activities:

• Access Canberra completed a total of 329 gaming and racing related inspections during the 2018-19 financial year.

• In order to reduce the regulatory burden on licensees Access Canberra seeks, where possible, to undertake a joint inspection that may include a licensee being audited against several pieces of relevant legislation, for example gaming and liquor.

• Where non-compliance is considered to be of a minor nature, and there is no demonstrated history of non-compliance by the relevant licensee, Access Canberra takes an educative approach to encourage and achieve voluntary compliance.

• Conversely, where the non-compliance is of a more serious nature, appropriate and proportionate regulatory action will be taken. This could mean issuing the licensee with a formal written warning, issuing an infringement, initiating disciplinary action or court action if appropriate and provided for by the legislation.

• Access Canberra continues to undertake scheduled Code of Practice inspections aimed at ensuring licensed gambling, wagering and lottery providers are operating in accordance with the relevant gambling harm minimisation requirements.

• Proactive compliance programs for the 2019-20 financial year will be targeted on the areas where the greatest potential risk has been identified during the 2018-19 period and include an examination of gaming machine licensee’s compliance with the new community contribution requirements.

• During 2018-19 no formal enforcement action was taken against licensees.

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Proactive Programs

• Access Canberra undertook a range of education, engagement and other compliance activities throughout the 2018-19 financial year with respect to gambling and racing conducted in the ACT.

• The Commission’s proactive compliance programs for the reporting period continued to reinforce the legislative obligations to individuals and licensees involved in the provision of gambling services.

• A summary of the programs conducted during 2018-19 is as follows:

o Cash Facilities at Gaming Machine Venues – covering cash withdrawal limits and requirements in terms of staff interaction with patrons wanting to withdraw cash.

o Gaming Machine community contributions – covering licensee’s compliance of community contribution requirements.

o Gaming Machine inspections – covering legislative obligations including gambling harm minimisation measures under the Code of Practice.

o Casino inspections – covering revenue verification, harm minimisation requirements, procedural compliance and overall compliance with the Casino Control Act 2006.

o Racing and Wagering inspections – covering harm minimisation requirements, staff training, licensing, and gambling integrity.

2018-19 Complaints Summary

• During the period Access Canberra received the 20 complaints in relation to compliance with a gaming law.

• Casino: Three complaints were received in relation to the casino, with two found to be substantiated. One complaint related to a decision being made in relation to the outcome of the game which was in contravention of the rules of the game. The other related to multi-terminal game malfunctions. Access Canberra Inspectors liaised with the casino to educate and remind the licensee of the need to ensure each game’s integrity and that the rules of each game are enforced. The

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issues with the multi-terminal game were fixed following a software update to the system.

• Gaming Machines: Eight complaints were received in relation to gaming machines, with none found to be substantiated.

• Lotteries: Five lotteries complaints were received, with one found to be substantiated. This related to a breach of the terms and conditions of a promotion when the winners detailed were not published as required. The promoter subsequently advertised the winner’s details.

• Racing and Wagering: Three racing and wagering complaints were received, with one found to be substantiated. This complaint related to unpaid bets. Access Canberra Inspectors contacted the licensee and assisted with the timely resolution of this matter with the end result being payment of the funds.

• Unlawful gaming: One unlawful gaming complaint was received but was found to be unsubstantiated.

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ISSUE: GAMING AND RACING – HARM MINIMISATION AND RESEARCH Harm Minimisation Activities

Strategy for Gambling Harm Prevention

• In 2018-19 the Commission continued its implementation of a public health approach to preventing gambling harm.

• The public health approach acknowledges that harms from gambling are not merely financial, and are not restricted to the gambler alone, but impact the health and wellbeing of family and friends and ultimately affect the wellbeing of the greater community.

• Gambling harm can be defined as any negative consequence caused or made worse by gambling.

• In October 2018 the Commission released its ‘Draft Strategy for gambling harm prevention in the ACT – A public health approach’ for consultation with industry representatives and community service organisations. Feedback received was incorporated into the Commission’s Strategy for Gambling Harm Prevention in the ACT – A Public Health Approach.

• The Strategy provides a roadmap for developing, implementing and monitoring initiatives designed to prevent and reduce gambling harm in the ACT over the next five years utilising a public health approach.

• The final Strategy was released during Gambling Harm Awareness Week 2019 with copies available for download on the Commission’s website, and hardcopies provided on request by the Commission.

Gambling Harm Awareness Week

• Gambling Harm Awareness Week is an annual event organised by the ACT Gambling and Racing Commission to raise awareness of harm associated with gambling.

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• Gambling Harm Awareness Week (GHAW) was held 8 - 14 October 2018. The key event of the 2018 GHAW activities was a half day conference on 9 October 2018. Approximately 80 people attended with representatives from gambling venues, help service providers, Commonwealth Government and ACT Government.

• GHAW 2019 was held 21 - 27 October 2019 and continued to promote the public health approach to gambling harm with the theme of ‘Together we can reduce gambling harm’. The Gambling Harm Awareness Conference was held on 22 October 2019 with approximately 100 attendees.

• A communication campaign was launched 20 October 2019 to reduce the stigma associated with gambling harm and encourage people, including family and friends of the person gambling, to seek information and support.

Training

• Training sessions have been developed for Gambling Contact Officers (GCO) and club board members to help them better recognise the signs of gambling harm and to support venues to fulfil their legislative obligations.

• In 2018-19 four club board member training sessions, and 12 GCO training sessions were delivered.

• In 2018-19 the Commission also delivered a gambling harm workshop for community sector workers, to assist them in identifying the signs of gambling harm.

Provision of the ACT Gambling Counselling Support Service

• The Commission funds the ACT Gambling Counselling and Support Service from the Gambling Harm Prevention and Mitigation Fund (formerly the Problem Gambling Assistance Fund). The Service provides group support sessions, face to face counselling and telephone counselling with gambling clients and their family members.

• The current provider of the service is Relationships Australia Canberra and Region.

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• The Commission is finalising a scope of services to ensure that services align with the Commission’s public health approach to gambling harm prevention and the Commission’s Strategy for gambling harm prevention in the ACT. Procurement is anticipated to occur over the coming months.

Gambling Self Exclusion Scheme and Exclusion Database

• The ACT Gambling Exclusion Scheme provides a means for people who recognise that they are experiencing significant gambling harm to take proactive steps to protect themselves by managing their access to gambling venues.

• People can apply under the Scheme to exclude themselves from access to ACT clubs for up to three years. They can choose whether to exclude themselves from all ACT clubs or to nominate specific clubs.

• All self-exclusions, as well as exclusions initiated by gambling venues, are recorded on the Gamblers Exclusion Database.

• All gaming machine licensees as well as totalisator and casino licensees must use the database and can apply to the Commission for access and support.

Research 2018-19

2019 ACT Gambling Prevalence Survey

• The 2019 ACT Gambling Prevalence Survey was conducted by the Australian National University on behalf of the Gambling and Racing Commission between April and May 2019.

• The survey sample size was significantly expanded from the previous 2014 survey, with 10,000 ACT residents interviewed regarding their gambling activities and attitudes.

• This is the fourth prevalence survey to be conducted in the ACT and the first to contact people by mobile phones as well as landlines.

Young People and Gambling in the ACT

• In May 2019 the Commission approved the publication of the final report produced by the Youth Coalition of the ACT detailing the findings of their Young People and Gambling project.

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• This project was funded by the Commission though the Problem Gambling Assistance Fund (now the Gambling Harm Prevention and Mitigation Fund).

• The project ran from July 2018 to March 2019 and built on the findings of an earlier pilot project to create a social media focused communications campaign targeted at young adults in the ACT (aged 18-30) to raise awareness of the indicators and risks of harmful gambling, and to help inform and support peers concerned about another person’s gambling.

• The final report concluded, based on the content and reach of the awareness campaign, that the project successfully increased awareness and engagement of information and resources raising awareness of gambling harms among young people in the ACT.

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Cleared as complete and accurate: 25/10/2019 Cleared by: Executive Branch Manager Ext:53732 Contact Officer name: Giuseppe Mageruca Ext:70252 Lead Directorate: Chief Minister, Treasury and




ISSUE: GAMING AND RACING - LICENSING

Gaming Machines - Pathway to 4000:

• On 23 August 2018 the ACT Government tabled the Pathway to 4000 scheme with the intent to reduce the number of gaming machine authorisations in the ACT to 4,000 by 2020.

• A two-step approach was implemented to achieve this reduction, comprising voluntary and compulsory surrender of gaming machine authorisations. This approach was split into three (3) phases comprising one voluntary phase to conclude 14 February 2019, followed by two compulsory phases in April 2019 and April 2020 respectively.

• The Justice and Community Safety Directorate (JACS) initially engaged with gaming machine licensees to coordinate signed voluntary surrender agreements which detailed the surrendered authorisations for each licensee and their respective financial arrangements. The Access Canberra Liquor and Gaming Licensing team then took over administration of both the voluntary and compulsory surrender phases.

• Prior to commencement of the pathway, the trading scheme resulted in a reduction in the number of gaming machine authorisations by 80 (through forfeitures imposed on trades) from 5022 as at 31 August 2015, to 4942 as at 1 November 2018.

• There was a reduction of gaming machines in operation by 630 from 5022 as at 31 August 2015, to 4392 as at 1 November 2018.

• The voluntary surrender phase concluded on 14 February 2019 and resulted in a further reduction in the number of gaming machine authorisations by 1010 from 5022 as at 31 August 2015, to 4012 as at 28 February 2019.

• Additionally, the pathway resulted in a reduction of gaming machines in operation by 1158 from 5022 as at 31 August 2015, to 3864 as at 28 February 2019.

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• This first phase of the scheme was delivered successfully from an operational perspective, with a number of clubs expressing positive feedback in the communication provided throughout the process.

• The first compulsory phase concluded on 1 April 2019 and resulted in a further reduction in the number of gaming machine authorisations by 1019 from 5022 as at 31 August 2015, to 4003 as at 1 April 2019.

• Additionally, this second phase resulted in a reduction of gaming machines in operation by 1160 from 5022 as at 31 August 2015, to 3862 as at 1 April 2019.

• As at 30 June 2019 there was 4001 gaming machine authorisations and 3873 gaming machines in operation at licenced venues in the Territory.

Blockchain For Gaming Regulation - Discovery Project:

• The potential of Blockchain to establish an immutable chain of evidence for gaming machine ownership and/or authorisation processes was identified as offering an opportunity of interest to Access Canberra.

• Access Canberra engaged with ThinkPlace, a strategic design consultancy organisation specialising in human-centred service design and complex system transformation, to engage in a discovery process to determine the viability and usefulness of the technology.

• Discussions surrounding the architecture and nature of the technology resulted in it being realised as a potential platform for administering authorising processes and tracking of gaming machines held by clubs and venues across the Territory.

• Following discussions and workshops involving Access Canberra staff, technologists, researchers and members of the gaming industry, a report was provided by ThinkPlace identifying potential use cases, systems architecture and roadmap to build out the concept.

• Access Canberra will now consider whether a business case exists for investment in the development of Blockchain based applications.

Community Contributions

• Gaming Machine Licensees are required to make a community contribution of a minimum 8 per cent of the club’s Net Gaming Machine

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Revenue (NGMR). Hotel and Tavern licensees are not required to make community contributions but may do so voluntarily. It is compulsory for licensees to submit a record of contributions along with a financial report to the Commission.

• In general terms, community contributions approved under the Act are to be for the benefit of the general public or community. The contributions should have the effect of contributing to or supporting the development of the community or raising the standard of living of the community or part of the community.

• Submissions are due annually by 31 July. On receipt of submissions Liquor and Gaming Licensing then undertakes a preliminary assessment.

• 46 club venues and 5 hotels and taverns submitted community contribution reports for the 2017/18 financial year.

• Following assessment, ineligible submissions were presented to the Gaming and Racing Commission Board followed by the 2017/18 Community Contributions Report on the 31 October 2018.

• The 46 club venues made a total community contribution to the value of $12,079,856 during the period 1 July 2017 to 30 June 2018. This was 12.69 per cent of NGMR, a similar level to the previous financial year. The five hotels and taverns provided $4,910 in community contributions during 2017-18, 3.4 per cent of NGMR.

• In the reporting period, community contributions of $2,859,797 were in-kind and $9,220,059 were monetary contributions for clubs. This is largely consistent with what was observed in 2016-17.

• Following tabling of the report in the Legislative Assembly, formal referral to the Access Canberra Compliance Team was made in order for a more in depth audit to be performed.

• The audit resulted in further ineligible claims being identified to the total of $2,427.28. These were prepared for incorporation into the 2018/19 Community Contributions report being noted as an adjustment to the 2017/19 totals.

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2018-2019

Figure 2: Categories of EPA complaints received by CMT for 2018 - 2019


2018-2019

Figure 3 and 4 show a percentage breakdown of noise complaints by category for the past two years.

Figure 3: Categories of noise complaints received by CMT for 2017 - 2018

Figure 4: Categories of noise complaints received by CMT for 2018 - 2019


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Process for responding to complaints • Business (or non- neighbour) noise complaints to the CMT are dealt with in the following

manner: First complaint - CMT sends out a standard letter to the activity manager and invites them to contact the EPA to discuss the matter Second complaint – referred to the EPA and responded to as appropriate. Subsequent complaints will be dealt with accordingly. Serious complaints, such as complaints about a one off event or an authorised event, may justify immediate application of a strict response approach to enforcement. Second or more noise complaints within 12 months – Case is escalated to EPA for action

• Neighbour complaints to the CMT are dealt with in the following manner:

First complaint - CMT sends out a standard letter to the activity manager suggesting having a conversation with their neighbour (encloses the Noisy Neighbours brochure in appropriate) and contacting the Conflict Resolution Service to get advice or invites them to contact the EPA to discuss the matter Second complaint – CMT sends a second advisory or reminder letter to the residents Third complaint – referred to the EPA and responded to as appropriate Subsequent complaints will be dealt with accordingly. Third or more noise complaints within 12 months – Case is escalated to EPA for action

Additional Information To reduce the number of complaints about residential noise in the ACT, the EPA changed its regulatory approach for managing noise complaints by using strategic education tactics aimed to reset community expectations around how and when the EPA responds. In September 2018, an education campaign which included postcards for residents; a noise booklet; and information on the website commenced. The purpose of the campaign was to empower and change the behaviour of residents (actors) so that where a neighbour’s noise is negatively impacting them, they speak to their neighbour before contacting the EPA for intervention. To increase the effectiveness of this campaign, in March 2019, an additional step of sending a second advisory or reminder letter to the residents making the noise was introduced because it became apparent that often the person making the noise had not received or read the first letter. Building on this result, the EPA plans to expand the campaign by educating residents about how to resolve disputes themselves. It aims to do this by giving tips for starting a conversation with their neighbour or by using an external provider such as the Conflict Resolution Service, before calling the EPA.


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Additional Notes: • The changes to noise management in the ACT is not about cost saving, but about

empowering our community to resolve issues, such as neighbourhood noise at the local level (ie. between themselves)

• Doing this builds a community that is resilient and connected to their community. • Resolving an issue productively between neighbours or parties can also provide a

response that is timely and effective. • The Conflict Resolution Service is contracted by the ACT Government to provide

support to the community when it comes to working with neighbours around noise. This can include support in knowing how to approach a neighbour about an issue like noise and the best way to achieve positive outcomes through discussion.

• Often noise issue, such as from gardening equipment, barking dog or music – can be resolved through a conversation at the neighbour level and does not require government intervention – in fact government intervention for a simple issue can actually escalate it unnecessarily.

• However where escalation is required as an issue can’t be resolved locally, or for example the noise involves a licenced premise or business, Access Canberra through the EPA can help.

• Change can be a challenge and takes time, particularly a change where the community are empowered to support the resolution rather than government.

• It is re-setting expectations and reliance on government. It is a behaviour change. • Such changes take a few years/cycles (such as two summers) before any full benefits,

data, or changes to community habits can be analysed. • Change can be challenging for the community, however there is information and

support available. • Initial feedback from services such as Complaints Resolution Service, has been

positive and complaints to government/Access Canberra/EPA on changes to noise management approaches minimal.

• We’ll continue to monitor and enhance information or processes as required while this service change beds in.

• The Environment Protection Act 1997 and the Environment Protection Regulation 2005 aim to protect people from undue noise whilst enable them to carry our business and social activities

• The Environment Protection Act 1997 defines noise as environmental nuisance.

• Schedule 1 (Class A activities) of the Act defines Authorised activities as: Outdoor concert activities; Management of concert venue; Using amplified equipment with a capacity to hold more than 2,000 people; Motor racing event and management of a Motor racing venue.

• Noise Zones are defined in the Schedule 2 Part 2.1 of the Regulation

• Noise standards are defined in Schedule 2 Part 2.2 of the Regulation and

• Exemptions are defined in Part 3 of the Regulation and Part 8 of the Act


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• Under the Regulation, Noise becomes environmental pollution when it is above the noise level at the compliance point for the place from which the noise is emitted is louder than the noise standard for that place (Regulation) Schedule 2

• The EPA has a number of Noise Environment protection Policies: Outdoor Concert Noise EPP; Motor Sports Noise EPP; Noise EPP; General EPP plus a Noise Measurement Manual.

• The ACT has been divided into seven noise zones which relate to land zones under the Territory Plan. The noise standards set for each noise zone have been based on planning guidelines, Australian standards, interstate practice and noise monitoring data.

• The noise standards permit the highest noise levels in industrial areas and are most stringent in residential areas.

• Each zone has a “day” standard and a “night” standard. The day standard applies between 7am and 10pm Monday to Saturday (8am and 10pm Sunday and public holidays). The night standard applies between 10pm and 7am Monday to Saturday (10pm and 8am Sunday and public holidays).

• Somewhat different arrangements apply to areas within the Territory Plan with land usesclassified as ‘Community Facility’, ‘TSZ2 Services Zone’, ‘CZ5 Mixed Use Zone’ or ‘Leisure and Accommodation Zone’. A wide range of activities is catered for within these land use areas and the type of activity undertaken generally reflects the surrounding area. The noise standard for this classification of land use is ‘the same as the noise standard for the adjoining noise zone with the highest standard for the time period (Schedule 2, Table 2.2 of the Regulation).’


2018-2019

Additional Information (hand out Noise Brochure) • Some noise is expected as part of living in our suburbs, particularly newer suburbs

where construction is ongoing or our city/suburb centres where there may be venues, cafes, restaurants or other amenities in the area.

• While some noise can be expected, unreasonable and sustained noise which impacts on quality of life is not ok.

• Most often a simple conversation with a neighbour can resolve the issue. Many times a neighbour may not be aware of the impact noise on their property is having – such as through a noisy air-conditioner or pool pump which may face a neighbouring property and they are happy to work to support a resolution.

• Often other noise concerns can be short-term – such as construction work - and the community can make contact with a site manager directly to advise of their concerns (contact details are provided on the fencing of a construction/work site).

• Proactively discussing concerns can provide better outcomes for everyone. Mediation can also be provided through services such as the Conflict Resolution Service by phoning 6162 4050.

Engage, educate and enforce (70:20:20 ) are the three fundamental steps used by Access Canberra. Compliance is encouraged through education but escalating enforcement actions will be applied to those whose conduct will, or is likely to, cause harm, or those who demonstrate a disregard for the law.

We carry out both proactive and reactive activities that are risk-based, with resources allocated based on the level of risk posed to the strategic objectives. When the EPA identifies or becomes aware of a problem or a risk, it seeks to resolve the problem before it leads to an adverse impact on human health or the environment. Reactive monitoring relies on the community, business or industry reporting environmental concerns or events, such as pollution of our environment or illegal water use. Access Canberra Accountability Commitmet and Environmet protection Complinace Framework


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Environment Protection Act 1997

Infringement Notices

Painters in Dickson

• On 2 May 2018 during a routine inspection of stormwater channels, EPA officers observed a white substance in the water flowing down an open stormwater channel in Dickson.

• The substance was traced back to a construction site and found to be white paint.

• The company was fined $1,000 for pollution of ACT waterways.

Commercial Waste Operators

• Two commercial waste operators were fined $1,000 each following complaints from residents about noise outside the agreed hours of collection in the Curtin Group centre.

• The EPA has previously advised the operators of the need to comply with the ACT Commercial Waste Industry Code of Practice (the Code), which specifies the hours that commercial waste can be collected, but this had been ignored.

Food Business in Civic

• On 25 November 2018 the EPA responded to a report of a food business pouring food waste down a stormwater sump in Civic.

• The company was fined $875 for pollution of ACT waterways.

Environment Protection Orders

GRI Pty Ltd Issue

• On Tuesday 21 August 2018, the EPA issued an Environment Protection Order under the Environment Protection Act 1997 on GRI Pty Ltd for:

“Polluting the environment causing material environmental harm through the discharge of water from the GRI Pty Ltd site to the Molonglo River containing Aluminium, Lead, Molybdenum and Total Petroleum Hydrocarbons above the ambient environmental standards for the Molonglo River Catchment prescribed in Schedule 4 of the Environment Protection Regulation 2005.”

• GRI Pty Ltd undertakes metal recycling at a premises located at 36 Underwood Street, Oaks Estate ACT (Block 2099 Jerrabomberra). The metal recycling includes the partial dismantling and compaction of vehicles.

• On 17 June 2018 there was a fire at the GRI Pty Ltd site. During the extinguishing of the fire Environment Protection Officers and emergency services worked together to determine appropriate response. Booms were placed within the creek line in the early stages of the fire and as equipment became available a contour bank and holding dam were put in place to capture fire water run-off. Due to the size of the


2018-2019

fire and large volume of water used there was water which discharged into the creek line which drained through paddocks into the Molonglo River.

• All conditions of the order have been complied with and the order removed in September 2019.

Residential

• On 24 September 2018, the EPA issued an Environment Protection Order under the Environment Protection Act 1997 on a person for:

“causing environmental harm in an affected place by emitting noise from a heating system at ………………………. ACT above the noise zone standard.”

• The noise from a heating system located at a residential address was measured 7.3dB(A) above the residential day time noise standard.

• Environment Protection Order required the heating system only be operated during the day time noise standard until 17 October 2018 or until such time as the heating system complies with the noise standard. After 17 October 2018 the heating system may only be operated when undertaking testing for compliance.

• As of 21 Octber 2019 the Environment Protection Order remains in place.

Enforcement Action since 30 June

Infringements Notices: 2

• Early September 2019 - two builders fined $1,000 each - Kingston and Lyneham residents about noise from building works that occurred outside of permitted hours which should act as a deterrent to all builders.

• 4 October 2019 the First Infringement was issued on a resident in O’Connor for noise from an air-conditioner.

Warnings:

• 6 September 2019 a Warning letter was sent to a resident in Lyneham for noise from an air-conditioner.

• 16 October 2019 a Warning letter was sent to for odour from a coffee roaster.


Warnings

Two formal warning letters were issued for:

1. No water meter – Issue resolved by 29 May 2019. There are no irrigation lines connected to the bore to service the property. However the bore remains operational for the purpose of emergency firefighting. This function was confirmed with ACT Rural fire Service. Use of water from the bore in emergencies is exempt


2018-2019

from the licensing requirements of the Water Resources Act 2007 so a meter is not required.

2. Faulty water meter - A new meter was installed 18 May 2019 with notification including photos asnd documentation received by the Authority on 11 June 2019.

FINES/PENALTIES

• The Environment Protection Act 1997 has a number of provisions for regulatory action. These range from on-the-spot infringement notices, environment protection orders, enforceable undertakings and prosecution.

• The Act recognises a difference between an individual and corporation. Where a penalty is served on a corporation the offence provision is multiplied by 5.

• An example is an offence under s44 of the Regulations (Pollution of waterways), the on-the-spot fine is $175 for an individual, $875 for a corporation and the maximum penalty the courts may impose is $1500 and $7500 (10 penalty units).

• For serious matters the EP Act provides for higher penalties. For these matters the penalties range from 50 penalty units ($7500 individual and $37,500 corporation) to a maximum penalty of 2000 penalty units ($300,000 individual and $1.5m corporation), imprisonment for 5 years or both.

• Other regulatory action is the serving of an environment protection order. An order may be served where the Authority has reasonable grounds for believing the Act has been contravened. The EPA would generally serve an order requiring a person to undertake an action. An example is the fire in Beard Industrial Estate where the EPA served an order requiring the business change work practises to reduce the risk to the environment, i.e decant vehicles before dismantling them, store batteries on a bunded and covered area. The order also required works be done to protect the receiving environment by building a water catchment bund around the lower side of the site. The EP Act provides penalties for not complying with an order.

• It is at the decision of the EPA as to what offence it would prosecute considering the evidence / elements of the offence and the EPA’s compliance and enforcement policies.

• Like all jurisdictions the offences are tiered from strict liability through to knowingly and recklessly for pollutants which pose a significant risk to the environment.

• ACT EPA’s strict liability offences and even general offences (i.e. environmental harm) are lower than other jurisdictions.

• The EPA could request a review of the penalties if deemed warranted noting that s44 is a general offence, but arguable low in comparison to some jurisdictions, just depends if there is robust justification and willingness to increase. A regulatory impact statement would be required to amend Regs with supporting argument from the EPA.

• DPP – Magistrates Court (Environment Protection Infringement Notices) Regulation 2005


2018-2019

ISSUE: NOISE, EROSION & POLLUTION ON CONSTRUCTION SITES

Key Information:

Noise

• The ACT is divided into noise zones based on land uses listed in the Territory Plan. The noise standards permit the highest noise levels in industrial areas and the lowest levels in residential areas.

• Noise from building work in industrial, city and town centre areas is permitted Monday to Sunday and public holidays from 6am to 8pm. At other times the noise from building work must not be above the noise standard.

• Noise from building work in all other areas is permitted: Monday to Saturday 7am to 6 pm. At other times, including public holidays, the noise from building work must not be above the noise standard.

• In accordance with Access Canberra policies and procedures for managing complaints, builders are sent an advisory letter reminding them of their permitted hours of operation.

• For the EPA to take enforcement action, the legislation requires there to be an affected person in an affected place, which is established by taking a noise reading at the affected place - in this case the home of the complainant.

• The EPA recently fined two builders $1,000 each following investigation of complaints from Kingston and Lyneham residents about noise from building works that occurred outside of permitted hours which should act as a deterrent to all builders.

• Data indicates that complaints about construction noise are increasing, possibly as a result of the increased building activity in Canberra. Therefore the EPA is:

proactively engaging with key stakeholders in the Building and Construction industry including the Master Builders Association, Suburban Land Agency, Capital Estate Developments and the Riverview Group to ensure builders are aware of the noise standards and sediment and erosion control requirements

undertaking proactive early morning inspections of building sites to raise the profile of the EPA and ensure environment protection compliance.


2018-2019

ISSUE: (CAFÉ AND COFFEE ROSTERS)

Key Information:

On Wednesday 8 May 2019 officers from Access Canberra Fair Trading and Compliance, Environment Protection Authority (EPA), Health Protection Service (HPS) and Construction Audit met with the Operations Manager and Director of to discuss the matters raised by your constituent.

Officers from Access Canberra and the Health Protection Service (HPS) met with the Operations Manager and Director of and on Wednesday 8 May 2019 to work through the matters raised by . In the ACT, coffee roasting afterburners must be installed by an ACT licensed gas fitter. I am advised that the installation of the afterburner was inspected and cleared by Access Canberra Gas Inspectors on 29 October 2014.

management advised that the afterburner for the coffee roaster would be modified to increase the operating temperature to 700 degrees and that the coffee roaster will be moved to another location in approximately a year. Between October 2017 and May 2019 there are no records held by Access Canberra of further complaints concerning odour from the coffee roaster. In relation to the suitability of the property to conduct coffee roasting (ie high temperature activities), the premises has a Certificate of Occupancy and Use for a Building Code of Australia (BCA) Class 6 property. The installation of the afterburner did not change the occupancy class of the building thus was exempt from further building approvals. The BCA does not require the roof of a Class 6 building to be fire rated. Waste Collection I note your constituent has advised that noise from early deliveries and waste collections are a daily disturbance. The commercial collection of waste in the ACT operates under the ACT Commercial Waste Industry Code of Practice (CoP), which is accredited under Section 31 of the Environment Protection Act 1997. The CoP permits the commercial collection of waste from a local centre, such as , between the hours of 7am to 10pm. I am advised that officers from the EPA have written to the waste companies to remind them of their responsibilities to comply with the times for waste collection as detailed in the CoP, particularly when collecting at the shops.


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The Act and Regulation operate well in balancing the rights of individuals to the enjoyment of their environment and the needs of businesses to operate within the urban context. Whilst this does not resolve all situations, it has and continues to be a broad based approach that is accepted across the community. If your constituent believes the noise standard is not been complied with, she should contact Access Canberra on 13 22 81. A Warming Letter was sent to on 16 October to reduce odour coming from the exhaust.

4 November 2019 - EPO Dix met with , one of the owners. advised they had increased the temperature of the afterburner and had assumed the system was operating correctly. A recent check of the afterburner had shown a temperature probe was damaged and the system was only operating at a reduced temperature. The check was initiated after an EPA warning letter was served on the business. A new probe was obtained and was being installed at the time of the meeting. advised they would operate the afterburner at 700 degrees. I advised to monitor chimney for smoke and odour. 5 November 2019 - EPO Peek attended the business to check to see if the new probe worked. Staff advised the system was operated at 700 degrees and they had checked the chimney for smoke and odour. Staff advised they didn’t see smoke or detect an odour. 5 November 2019 – EPO Dix called (complainant) and advised of meetinds/inspection and the issues around the temperature probe. I advised she may still smell a low odour but to monitor and advise if there was any change or improvement in the odour and smoke.


2018-2019

ISSUE: PIALLAGO ESTATE - BURNING

There are exemptions under the under Environment Protection Regulation for outdoor fires. Burning of plant matter in the course of primary production is one such exemption. However some of these exemptions are subject to conditions (see below). For burning plant matter this needs to be done outside a built up area. The definition we use for a built-up area comes from the Emergencies Act 2004. This is defined under Section 65 of the Emergencies Act. Here is a link to the latest instrument https://www.legislation.act.gov.au/ni/2017-145/

The issue is that Pialligo is now defined as a built up area under the latest instrument and therefore is not exempt under the Environment Protection Regulations. This decision is based solely on fire response and does not involve the EPA. This only came to our attention last year when we started getting these enquiries. A work around that we used last year was to get RFS to supervise the burns and calling them a training exercise. However the EPA will not support this approach if the material has not been generated in the course of primary production as per the plant matter exemption.

column 1 item

column 2 activity

column 3 conditions

1 cooking or heating food or drink 2 heating (a) the fire is outside a built-up area; or

(b) for a fire in a built-up area—the fire is in a fireplace or container that will contain the fire

3 teaching firefighting methods

the teaching is authorised by the chief officer (fire and rescue service) or chief officer (rural fire service)

4 burning plant matter in course of primary production

the fire is outside a built-up area

5 destroying a thing the destruction is in accordance with a direction to destroy the thing under the Animal Diseases Act 2005, section 27 (Destruction of infected animals etc—endemic disease) or section 29 (Destruction of infected animals etc—exotic disease)

6 celebration or similar activity

the celebration or activity is held— (a) on residential land; and (b) during the period starting on the Saturday 9 days before the Queen’s birthday public holiday and ending on the Sunday 6 days after the public holiday Note The Queen’s birthday public holiday is the 2nd Monday in June (see Holidays Act 1958, s 3 (1) (a) (viii))

7 display, ceremony, celebration or similar activity

the display, ceremony, celebration or activity— (a) is authorised by the emergency services commissioner; and (b) is conducted in accordance with an approval; and (c) is either— (i) held on unleased land; or (ii) held with the consent of the lessee on leased land that is not residential land Note Approval is defined in the dictionary


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Under the Protection of the Environment Act, Schedule 1 – Class A activities – 28 is:

Lighting, using or maintain a fire in an open air, or causing or permitting a fire to be lit, used or maintained in the open air for the purpose of burning plant matter-

(a) To reduce a fire hazard

(b) To clear the land

(c) To conserve biological diversity or ecological integrity

The EPA can issue an Environmental Authorisation for burning for above activities.


2018-2019

ISSUE: MOLONGLO WATERSKI AREA Key Issues • The ACT Waterski Association (AWA) is one, of a number of licence holders and other

users, that have access to the waterski area. • currently 13 licences to operate on the area have been issued for a range of uses

including scientific sampling, testing, safety training, licencing accreditation and training for events such as competition, exhibitions and displays

• AWA has not had exclusive use of the waterski area since 2012. AWA have applied for and been granted closures for events such as National Games, ACT Titles and other special events

• The use of powerboats on the waterski area has been tightly regulated since 2010 because of variable navigation hazards such as floating logs and in response to the recommendation from the Coronial Inquest into the death of James Horton which was to 'develop a more regimented approach to management of the waterski area'

• The use of boats on ACT waterways, including the waterski area, is regulated under the Lakes Act 1976 (the Act) which is administered by the Office of the Environment Protection Authority.

• To use a powerboat with greater than 4 kilowatts of power on the waterski area a person must apply for a licence which requires the applicant to submit a risk management plan and demonstrate evidence of appropriate boating licences, registration and insurance. Non-power or boats with less than 4Kw in power such as canoes, kayaks, sail, have unrestricted use of the Molonglo River including the waterski area. However, it is a requirement of the Act for all users to follow navigation rules to avoid collisions.

• The land area adjacent to the river, known as the Molonglo Reach Reserve (Reserve) is a public area containing facilities including toilets, tables and BBQs to allow members of the public to enjoy the amenity of the Reserve similar to other lake, pond and river reserves across Canberra. The ACT Waterski Association (AWA) leases a portion of the reserve for the housing of facilities. The use of the Reserve does not automatically entitle a person to use powerboats on the waterski area.

• The waterski area and/or the Reserve can be formally closed for exclusive use for events and such a closure would also include the unregulated class of boats. This type of closure has occurred in the past for many reasons.

• The AWA can apply to have exclusive use for certain times in order to hold competition events, exhibitions or displays.

• if AWA needs equipment in the water such as a slalom course, a jetty or a jump ramp then formal approval is required under the Act. Such equipment will only be approved to be in place for specific events and not left in the waterski area as it may pose a risk to other users.

• an information session on changes to the Act and access arrangements to the Reserve and boat ramp was held for existing licence holders on Wednesday 25 September 2019. On 27 September, the draft Minutes from the meeting were circulated to attendees and feedback on these Minutes was requested.

• the AWA to provide feedback to the Environmental Protection Authority so the Minutes reflect the Association’s contribution.


2018-2019

ISSUE: PROTECTION OF WATERWAYS

• On Wednesay 16 October, an EPO detected and seized an Opera House Trap at the pond near Kirkpatrick Street Weston Creek near the RSPCA.

• The Environment Protection Authority (EPA) administers the Water Resources Act 2007 which provides for sustainable management of the water resources of the Territory, and for other purposes.

• Water abstraction is controlled by licences issued under the Water Resources Act 2007. For the period 2017-218 compliance was satisfactory as only one licence holder (out of 185) exceeded their licence volume. This exceedance was related to a faulty automated timer switch on the bore pump rather than a deliberate intent to use water. Environmental water releases required from the water supply dams were compliant with the specifications set out licence conditions

• Pollution of waters is controlled by the Environment Protection Act 1997. For 2017-2018 the major point sources of pollution in the ACT (Canberra and Queanbeyan Sewage Treatment Plants) were fully compliant with their discharge Authorisations.

• To prevent excess impacts on downstream waters by housing development and construction, EPA Officers conducted 775 onsite inspections of development sites greater than 0.3 ha and reviewed 93 sediment and erosion control plans.

• Recreational use of ACT waterways is controlled by the Lakes Act 1976 and Fisheries Act 2000. 14 powerboat licences are active in the ACT and regulate the use of powerboats for maintenance activities, water sampling and training support for sports (sailing, canoeing, and waterskiing).

• EPA Officers conduct weekly inspections of Lake Tuggeranong, Lake Ginninderra and Molonglo River for general waterway health, i.e. pollution discharges and algae conditions as well as fishing activities.

• Fish traps and enclosed nets are illegal in the ACT’s lakes and rivers under the Fisheries Act 2000.

• Fishing traps catch unintended targets resulting in deaths of platypuses, turtles, native rats and birds. The campaign engaged with fisherman to raise awareness of ACT fishing regulations.

• EPA Officers removed numerous illegal fishing devices from lakes and ponds as part of enforcing the Fisheries Act. For example, a large cod cage was removed from the confluence of Sullivan’s Creek and Lake Burley Griffin, and a novel 25 metre multi- chambered trap was removed from Franklin Pond, Gungahlin.

• Penalties of up to $5000 apply to people found using such traps and nets. It is important that we all work together to support the health of our waterways and that includes appropriate fishing activities.

• EPA officers are responsible for maintaining and enhancing a variety of the ACT’s environments as well as responding to information received from the public or other


2018-2019

areas of government concerning potential breaches of Canberra’s environmental legislation.

• EPA officers are proactive in checking the Territory’s lakes and rivers including:

• monitoring algae and turbidity levels

• retrieving samples of any suspicious or potentially hazardous liquids for further analysis

• surveillance of persons using equipment in breach of ACT fishing regulations.

• As we approach the opening of the Cod season (1 December) and the Trout Season (October Labour Day long weekend) 2019) EPA officers will be coordinating increased fishing inspections throughout the ACT’s semi-rural and urban waterways.

• Cod fishing season, which is open from 1 December to 31 August each year.

• Trout fishing season is from the start of the October Labour Day long weekend to the end of the June Queen's Birthday weekend. Only artificial fly and lure fishing is permitted in trout waters during open season.

• The regulation of the ACT’s fishing community in recent seasons has led to some significant environmental outcomes, as well as providing a great opportunity to interact with the public, encourage positive behaviours and promote our agencies goals.

•


2018-2019

ISSUE: FISHING INSPECTIONS (PROACTIVE COMPLIANCE ACTIVITIES) • Fish traps and enclosed nets are illegal in the ACT’s lakes and rivers under the Fisheries

Act 2000. The use of fishing traps catch unintended targets resulting in deaths of platypuses, turtles, native rats and birds.

• EPA officers conduct weekly inspections of lakes, ponds and creeks for general waterway health, such as pollution discharges and algae conditions as well as fishing activities.

• EPA (with Parks & Conservation Services) coordinates a campaign during the Cod fishing season (1 December to 31 August) regarding illegal fishing activities targeting the use of traps and too many fishing rods. The campaign ran during the 2018 season and will continue in 2019.

• Trout fishing season is from the start of the October Labour Day long weekend to the end of the June Queen's Birthday weekend. Only artificial fly and lure fishing is permitted in trout waters during open season.

• Officers engage with fishermen to raise awareness of ACT fishing laws and what equipment is allowed in the ACT.

• During inspections in 2018-2019, EPA officers removed numerous illegal fishing devices from ACT’s urban lakes and ponds. For example, a large cod cage was removed from the confluence of Sullivan’s Creek and Lake Burley Griffin and a novel 25 metre multi-chambered trap was removed from Franklin Pond, Gungahlin.

• On Wednesay 16 October, an EPO detected and seized an Opera House Trap at the pond near Kirkpatrick Street Weston Creek near the RSPCA.

• Penalties of up to $5,000 apply to people found using such traps and nets. It is important that we all work together to support the health of our waterways and that includes appropriate fishing activities.

• As we approach the opening of the Cod Season (1 December 2019) then Trout season (Labouir Day long weekend ), EPA officers will be coordinating increased fishing inspections throughout the ACT’s semi-rural and urban waterways.

• In addition, EPA officer conduct weekly inspections of Lake Tuggeranong, Lake Ginninderra and the Molonglo River and parts of Lake Burley Griffin (NCA do Lake Burley Griffin (EPA does Kingston Harbour and above Molonglo River) for algae levels to ensure public safety.

• The regulation of the ACT’s fishing community in recent seasons has led to some significant environmental outcomes, as well as providing a great opportunity to interact with the public, encourage positive behaviours and promote our agencies goals.

• Illegal fishing activity will remain a key focus for the EPA throughout 2019.


2018-2019

ISSUE: BLUE-GREEN ALGAE

Blue-Green Algae in Lake Tuggeranong

• Lake Tuggeranong was closed for primary-contact recreation (reaction that involves whole-body water contact or submersion of the head such as swimming, diving, water skiing and windsurfing) in December 2018

• Lake Tuggeranong was re-opened to primary contact on 1 May 2019 following sampling results confirming low algae levels and is currently open.

• The ACT Government acknowledges that blue green algae outbreaks are a problem and are actively working to better understand where the nutrients within Lake Tuggeranong come from and how they behave in the lake. This will help determine actions or interventions can reduce the frequency and severity of future blue green algae blooms.

• Two water quality research projects are currently being carried out by the Institute for Applied Ecology at the University of Canberra as a part of ACT Healthy Waterways.

• The research complements the investment in water quality infrastructure including new wetlands and rain gardens that we can see across Canberra. While the wetlands and rain gardens reduce the flow of pollutants from the catchments entering the lakes, the research explores options for managing algal blooms.

• The lower algae levels are due to the cooler weather conditions experienced over the past few weeks.

• The community should always look for algae warnings signs which indicate the current algae and bacteria alert level. Warning signs are located at public access areas. The current status of ACT aquatic recreation areas (rivers and lakes) is available from the TCCs website, as well as an international web resource “swimguide” (https://www.theswimguide.org/).

• Table 1 (below) has the number of days Lake Ginninderra and Lake Tuggeranong were closed due to blue-green algae.

Days lake closed because of blue-green algae

Year Ginninderra Tuggeranong 2016 45 125 2017 0 102 2018 64 187 2019 0 119


2018-2019


2018-2019

ISSUE: NOISE CONCERNS – HOPSCOTCH & TIPSY BULL

Talking points:

• The Environment Protection Authority (EPA) has received noise complaints about amplified music emanating from Hopscotch Bar in Braddon.

• Given the nature of the complaints, the EPA engaged with liquor compliance and WorkSafe ACT to ensure that the parties are acting in accordance with their regulatory obligations in providing a safe and healthy environment for patrons and employees.

• Tipsy Bull applied to the ACT Civil and Administrative Tribunal (ACAT) for an injunctive relief against Hopscotch Bar in relation to excessive noise. The application was dismissed.

• The EPA will continue to work with both parties to address issues raised.

Background Information

• The ACAT decision was published on 11 June 2019.

• The ACAT decision has no bearing on how the EPA should investigate/respond to any future noise complaints from Hopscotch.

• On 2 July 2019, the manager of was advised to call Access Canberra if there are concerns about noise so the EPA can investigate the matter.

• On 31 July 2019, the EPA spoke with , owner of . advised that there will be no amplified music, the only noise will be patron

noise.

• On 24 October, an EPA officer attended a complaint from concerning noise from amplified music at . The Officer observed a live band playing, but wasn’t able to take a noise measurement as it started to rain. He did observe that the noise from the music was approx. 83dB(A). The noise standard for the time of night was 55dB(A). According to their facebook page, are hosting live bands every Friday night during Summer.

• On 28 October the Authority email the to arrange a meeting

• On 29 October the Authority phone and asked the staff member to have call to the Authority.


2018-2019

• On 30 October, called the Authority to advise that Lve Band each Friday, Saturday and Sunday night and on special occasions such as the Melborne Cup. Facebook page has been refreshed.

ISSUE: MUGGA LANE PRECINCT ODOUR COMPLAINTS (SATURDAY 15 JUNE)

Officers from the Environment Protection Officers (EPA) inspected the operations at the Mugga Lane precinct on Wednesday 19 June 2019, following the receipt of complaints on Monday 17 June 2019 about odour on Saturday 15 June 2019.

, who operate the land fill, indicated no issues or non-standard operations have occurred since Saturday. Advice from the site manager is that odour is within the normal range for the tip and tip face is being kept to less than 30x30m and covered night and site is being operated in accordance with the Environmental Authorisation No.375, this means that

is compliant with environmental conditions.

This was confirmed by the field inspection undertaken by EPA on Wednesday 19 June, which indicated that the tip face was very small and rubbish has been covered in accordance with authorisation requirements. The odour levels were also no offence and the same as normal.

Coincidentally SLR consulting were undertaking their biannual odour assessment for ACT NoWaste. SLR indicated that the rubbish obviously has odours at the immediate tip face (expected) and that odour levels dropped away significant as you moved away from the tip face and were not significant/detectable beyond the block boundary. SLR were in Canberra on Monday and actually drove through surrounding residential areas including Fadden (where the complaints were made) with no landfill odour detected. SLR indicated that based on the odour levels at the tip and how it was being covered, it is not feasible for odours to occur at offensive levels in the surrounding residential areas. This has been the outcome of all previous investigations. It is important to note that all activities at the Mugga Lane Resource Management Centre (landfill, green waste, building recycling) are not zero emitters of odour but are required to operate in accordance with the conditions of their environmental authorisations which are designed to minimise impacts on the environment.

The Materials Recovery Facility (MRF) is odorous, as has been found to be the case in previous assessments. The EPA officers looked at the material currently stockpiled on the MRF site and did not described it as excessively odours. It did have an odour as expected but not offensive. The EPA were advised by the MRF site operator that no activities had been undertaken that would cause additional odour.

The inspection concluded that the odour smelt on Saturday, as reported by members of the community to Ms Lawder, were not coming from the Mugga Lane precinct.


2018-2019

There many have been another source of odour such as a sewerage vent etc.., therefore members of the community are encouraged to call Access Canberra on 13 88 21 so that odour can be investigated at the time it is detected.

HISTORY

• Since 1 July 2017 to 30 June 2018, 14 complaints were received by Access Canberra in relation to this matter. Four of the complaints were referrals from the office of Ms Nicole Lawder MLA, the most recent on 8 February 2018.

• On 13 July 2018 Access Canberra received two additional complaints about odour.

• In response to odour complaints, the Mugga Lane Resource Management Centre and composting facility have been thoroughly investigated by the

Environment Protection Authority (EPA).

• Investigations (including the most recent complaints on 13 July) show operations at both facilities are compliant with their Environmental Authorisations and actions are being undertaken to minimise odour.

• These facilities are not zero emitters of odour and under certain climatic conditions, odour will be detected beyond the Mugga Lane Resource Management Centre boundary.

• The EPA has engaged with the affected residents in an effort to identify the source of the odour and obtain more information about the nature and frequency of the odour. To date, no non-compliant odour source has been identified beyond an indication it is from the precinct, particularly under certain climatic conditions.

• Odour modelling undertaken by ACT NoWaste as part of the landfill expansion shows that this would be acceptable for built up and residential areas.

• ACT NoWaste has undertaken significant recapping works of the 2007-2014 landfill cell which was identified as a potential odour source by their independent consultant.

• has modified their composting process and reduced the amount of compost stored on site and , the operators of the MLRMC, is operating a reduced tipping face which is being covered with soil at the end of each operational day.


2018-2019

• An odour assessment commissioned by ACT No Waste for the Materials Recovery Facility identified as an additional odour source. The facility is currently licensed by Transport Canberra and City Services under the Waste Management and Resource Recovery Act 2016.

Referrals from Ms Lawder MLA 4 (last referral received on 8 February 2018)

One complainant 3

Ministerial correspondence 2

One complainant 2

Separate indiviuals 3

Total 14 (last complaint 13 March)


2018-2019

Key Issue: Inspections and Audits

The EPA is responsible for legislation that protects the environment which includes the Environment Protection Act, Water Resource Act and Clinical Waste Act and assists the Conservator in regulating the Fisheries Act.

Part of the duties of the EPA is undertaking inspections and audits of businesses and activities that may pose a risk to the environment. In considering the level of response the EPA refers to the Access Canberra ‘Regulatory Compliance and Enforcement Framework’. This ensures the EPA takes the right regulatory response for the right situation.

The EPA undertakes audits of environmental authorisations based on a risk assessment completed after each inspection. Other activities and business are inspected as part of a programmed operation or proactive patrols of areas.

Following is a summary of the EPA’s inspection and auditing activities in 2017-2018:

Environment Protection Act

Environmental Authorisations

• 78 reviews/audits in 2017-2018

Environmental Protection Agreements

• 775 inspections (audits) of development sites greater than 0.3 hectares (2017-2018)

Contaminated sites

• 760 inspections – 2017-2018

Joint Inspections/Audits – 2018-2019

Operation Spring Clean (with HPS) - audit of food business – 23 audits

• On 1 November 2018 officers from the EPA and Health Protection Services undertook a follow up program from Operation Scrap conducted in May 2017 called Operation Spring Clean, targeting areas with a high number of food businesses around the three major lakes in Canberra: Lake Burley Griffin; Lake Tuggeranong; and Lake Ginninderra.

• Focus of audits was kitchen maintenance, cleaning facilities, areas to the rear of the food businesses, particularly points of entry into the stormwater.

• 5 of the 23 (or 22 per cent) food businesses inspected were disposing waste down the stormwater system (2 in Civic, 3 in Greenway, 0 for Belconnen and 0 Kingston). This was found to be as a result of poor knowledge and understanding.

• The non-compliances identified were followed up by the EPA on 14 and 19 November 2018 as part of normal business.

• Officers did not find evidence of waste in the stormwater systems at the sites.


2018-2019

Pre-Christmas shut down (with Construction Occupations) – 89 site inspections.

• The EPA undertook proactive inspections from 10 – 14 December 2018 of 89 building sites. The aim was to:

- educate builders and developers on their erosion and sediment control responsibilities; and

- ensure the building sector were prepared for the Christmas shutdown period and storm season.

• The sites inspected were brownfield developments (i.e. in-fill development) and greenfield developments with an Agreement or had large areas of disturbance.

• The results of the inspections were that:

- 63 per cent of the sites were compliant;

- 17 per cent were not complaint, with either nil or poor environmental controls in place; and

- 20 per cent were not rated.

Motor Vehicle Repairers - 31 businesses inspected.

• Participated in proactive joint inspections with Building Compliance and Fair Trading Compliance of Motor Vehicle Repairers during May 2019.

Water Resources Act

• Weekly inspections of the Urban Lakes ie Lake Tuggeranong, Lake Burley Griffin and Lake Ginninderra for Blue-Green Algae, Gross Pollutant Traps and illegal activities such as fish nets and traps.

• 47 inspections (audits) of the 185 licences.

• 71 meters of the 331 meters inspected.

Fisheries Act

• Reactive inspections in response to reports of illegal activity.

• Weekly inspections when doing water monitoring.

• Increased patrols around known urban fishing areas during Murray Cod and Trout closed seasons.

TOTAL audits - 2,000 formal inspections/audits


2018-2019


2018-2019

Key Information: Protection of Water ways

• EPA officers are responsible for maintaining and enhancing a variety of the ACT’s environments as well as responding to information received from the public or other areas of government concerning potential breaches of Canberra’s environmental legislation.

• EPA officers are proactive in checking the Territory’s lakes, ponds and rivers for:

- general waterway health, such as pollution discharges and algae conditions as well as fishing activities;

- monitoring algae and turbidity levels;

- retrieving samples of any suspicious or potentially hazardous liquids for further analysis; and

- surveillance of persons using equipment in breach of ACT fishing regulations.

• In addition, EPA officers conduct weekly inspections of Lake Tuggeranong, Lake Ginninderra and Molonglo River for algae levels to ensure public safety.

Blue-Green Algae in Lake Tuggeranong

• Lake Tuggeranong was closed for primary-contact recreation (reaction that involves whole-body water contact or submersion of the head such as swimming, diving, water skiing and windsurfing) in December 2018.

• The ACT Government acknowledges that blue green algae outbreaks are a problem and are actively working to better understand where the nutrients within Lake Tuggeranong come from and how they behave in the lake. This will help determine actions or interventions can reduce the frequency and severity of future blue green algae blooms.

• Two water quality research projects are currently being carried out by the Institute for Applied Ecology at the University of Canberra as a part of ACT Healthy Waterways.

• The research complements the investment in water quality infrastructure including new wetlands and rain gardens that we can see across Canberra. While the wetlands and rain gardens reduce the flow of pollutants from the catchments entering the lakes, the research explores options for managing algal blooms.

• Lake Tuggeranong was re-opened to primary contact on 1 May 2019 following sampling results confirming low algae levels.

• The lower algae levels are due to the cooler weather conditions experienced over the past few weeks.

• The community should always look for algae warnings signs which indicate the current algae and bacteria alert level. Warning signs are located at public access areas. The current status of ACT aquatic recreation areas (rivers and lakes) is available from the TCCs website, as well as an international web resource “swimguide” (https://www.theswimguide.org/).


2018-2019

• Table 1 (below) has the number of days Lake Ginninderra and Lake Tuggeranong were closed due to blue-green algae.

Days lake closed because of blue-green algae

Year Ginninderra Tuggeranong 2016 45 125 2017 0 102 2018 64 187 2019 0 119


2018-2019

Key Information: Authorisations, Agreements and Licences

The EPA administers the following legislation:

• Environment Protection Act 1997

• Environment Protection Regulation 2005

• Water Resources Act 2007 and Water Resource Regulation 2007

• Clinical Waste Act 1990

• Lakes Act 1970 and Lakes Regulation 2019

Environment Protection Act 1997

Environmental Authorisations (Authorisations)

• An Authorisation, granted under section 49 of the Environment Protection Act 1997, sets out the conditions under which activities with a significant potential to cause environmental harm may be conducted.

• The EPA administers 304 Authorisations

Environmental Protection Agreements (Agreements)

• The EPA enters into Agreements for activities that entail a moderately significant risk of environmental harm (listed in Schedule 1 Class B).

• The EPA administers 146 Agreements.

Negative Licences

• Firewood merchants are regulated under section 14 of the Environment Protection Regulation 2005.

• The EPA regulates 18 wood fire merchants.

Summary: Instruments under Environment Protection Act and Regulations 2018-2019

Authorisations Agreements Negative Licences Total 304 (312*) 146 18 465

Summary: Instruments under Environment Protection Act and Regulations 2017-2018

Authorisations Agreements Negative Licences Total 286 192 18 500


2018-2019


Licences

• Licences are issued for regulating potential harmful activities ranging from water abstraction, bore drilling and construction of dams or modification of waterways (rivers, creeks and large stormwater drains).

• The EPA administers around 230 Licences comprising of Licences to Take Water; Recharge Licences; Drillers Licences; Bore Work Licences and Waterway Work Licences. We also administer 315 Water Access Entitlements.

During 2018-2019 there were:

> 180 active Licences to Take Water, with 2 new licences issued and 7 licences which expired or were cancelled because the extraction activity had ceased;

> 2 Bore Works licences issued;

> 7 Drillers licences issued; and

> 5 Water Access Entitlements issued.

Table 12 indicates licensing activity by number of new licences and entitlements issued compared to the previous two years. The low number of Waterway Works licences issued after 2017 reflects the positive effect of a red tape reduction action of amending the Water Resources Act 2007. The amendment means that a person does not require separate licences under the Environment Protection Act 1997 and Water Resources Act 2007 for works in a waterway.

Table 12: Number of Licences per type issued under the Water Resources Act 2007

Licence Type 2016-2017 2017-2018 2018-2019

Bore works - 2 2

Drillers 6 5 7

Waterways works 25 4 -

Take Water (new) 3 2 2

Water access entitlements 1 3 5


2018-2019

Assessment of Water Use and Protection of Environmental Flows

Water use by licence holders is assessed to ensure that extraction does not reach a level that negatively impacts our aquatic ecosystems and that users pay a reasonable price for using the resource.

During 2018-2019, two formal warning letters were issued for breaches of licence conditions for no water meter and a faulty water meter. Both breaches have been rectified.

Metering of Water Use

All licenced water use in the ACT is metered and the inspection regime aims to have each meter inspected at least once every three years. The number of meter inspections performed, and type of meter inspected for 2018 - 2019 are listed in Table 13.

For transparency and to assist compliance, the ACT will ensure that meters are identified using a unique serial number, most commonly located on the face of the meter. This is referred to as the meter number which is also kept on a customer’s licence file. The information is publicly available upon request.

The ACT’s metering requirements which have been in place since 2003, meets the Murray Darling Basin Compliance Compact (which was introduced in 2018). ACT licences have conditions mandating the installation of a meter as well as requiring meter maintenance and data reporting. The ‘ACT EPA Water Meter Installation, Maintenance and Replacement Guideline 2015’ details metering standards that apply to various scenarios and aligns with the Compliance Compact and other states.

In 2018-2019 there were 180 Licences to Take Water with 331 meters in use. EPA officers performed 30 licence inspections which included 43 meters.

Table 13: Details of ACT non-utility network water meter fleet and inspections in 2018-2019

Activity Type Total Groundwater Surface Water

Licences 180 N/A N/A

Meters 331 199 132

Meter Inspections 43 28 15

New Meters - 1 -


2018-2019

Lakes Act 1976

The delegate of Lakes is responsible for administering provisions of the Lakes Act 1976 including works approval on the lakes and lake warnings and closures due to pollution incidents.

During 2018-2019:

• 5 new powerboat licences were issued making a total of 20 powerboat licences that regulate the use of powerboats for specific purposes, such as training, hire boats, water quality sampling, foreshore maintenance and charter fishing, on ACT waterways.

• There were 9 active licences specifically for use of the Molonglo Reach water ski area. 7 for training and competition purposes and 2 for marine repair businesses to conduct testing.

In 207-2018 there were 4 active licesnces for use of the Molonglo Reach water ski area (increase by 5 for training and competition)

Since 30 June 2019: Two licences for powerboat use have been issued and two pending for the waterski area: We have two current applications for the waterski area One application is on hold at the request of the applicant (they have been posted interstate) Another application is being processed (awaiting some extra details on the activity from the applicant) The ACT waterski association have applied for: A number of waterski closures for events this season. Decision on approval is likely to be drafted next week once time for comments by stakeholders (NCA, police other licensees, canoe club etc) has expired. Approval to place the slalom course in the waterski area. They have to provide more detail than was in the original application Approval for a jetty next to the boatramp – have to line up approvals of lakes act and public lands act as a jetty requires both

Clinical Waste Act 1990

The Authority is the Clinical Waste Controller under the Clinical Waste Act 1990.

The Act provides for the transport, treatment and disposal of wastes resulting from the treatment and care of people and animals, including such things as needles, fluids and specimens.

In 2018-2019, 6 company and 23 vehicle licences were renewed in compliance with the Act.


2018-2019

Key Information: 2018 AIR QUALITY REPORT

• The EPA produces an annual Air Quality Monitoring Report as part of its compliance with the Ambient Air Quality National Environment Protection Measure (NEPM).

• Historical monitoring results indicate that the only AAQ NEPM pollutant of concern in the ACT air shed is particulate matter, which increases significantly during winter because of emissions from domestic wood heaters, especially in the Tuggeranong Valley where levels are also exacerbated by the topography of the valley which is subject to temperature inversions and poor pollution dispersion.

• Monitoring results in 2018 demonstrate that Canberra’s air quality is generally good, with no exceedances of the NEPM standards for carbon monoxide, nitrogen dioxide, ozone and PM10 (coarse particulate matter).

• In 2018, the major impacts on Canberra’s air quality came from the accumulation of natural events such as hazard reduction burns or dust storms and human activities such as wood heaters.

• Some significantly high particle levels, PM10 in particular, occurred as a result of more frequent dust storms due to the prolonged drought conditions in 2018.

• During 2018, while there were thirteen PM10 exceedances and five PM2.5

exceedances, only one PM2.5 exceedance was related to emissions from domestic wood heaters.

• The ACT Government acknowledges that woodsmoke is a problem and will continue to implement an integrated program to address this including:

o ‘Burn Right Tonight’ public education campaign

o regulating the sale of firewood and wood heaters including the introduction of stricter emission and efficiency standards in September 2019

o administering the Wood Heater Replacement Program.

• The Environment, Planning and Sustainable Development Directorate undertook a review of the efficacy of the Government’s woodsmoke programs. The review found that there had been a steady decline in applications for the Wood Heater Replacement Program.

In 2019, to reduce the impacts of wood heaters on air quality, there will be:

• an increased emphasis on how to clean and correctly operate wood heaters so they can perform efficiently and reduce air emissions;

• audits of wood fire merchants and wood heater retailers to ensure compliance with the Regulations.

Recent initiatives:

• Prohibiting the installation of wood heaters in new residential developments in the Molonglo Valley (except Wright), Dunlop and East O'Malley.


2018-2019

• In 2016 the ACT Government led the country by amending laws requiring stricter standards on the sale of wood heaters, including higher efficiency and emission standards.

• On 1 September 2019 emissions drop from 4g/kg to 1.5g/kg of timber burnt and efficiency standard for wood heaters will increase from >55 per cent to a minimum of 60 per cent.

Audits/Inpsections

Negative Licences

• Firewood merchants are regulated under section 14 of the Environment Protection Regulation 2005.

• The EPA regulates 18 wood fire merchants.

• On 21 May 2019, the EPA inspected 2 wood fire merchants and 4 ACT wood heater retailers in Fyshwick

• All 6 were compliant


2018-2019

Key Information: EPA Involvement in PFAS

• In February 2018 all jurisdictions in Australia adopted the framework for PFAS management through the Intergovernmental Agreement on a National Framework for Responding to PFAS Contamination (February 2018) (IGA) and the PFAS National Environment Management Plan (January 2018) (NEMP).

• The IGA principles include that the primary focus of Governments in responding to PFAS should be action to protect the environment and precautionary action to minimise human exposure.

• Environment Ministers are responsible for implementation of the IGA signed by First Ministers. The Environment Protection Authority (EPA) has the lead for implementation of the IGA supported by EPSDD, HPS and ACT Health.

PFAS Action Plan

• The ACT Government has developed a PFAS Action Plan for the Australian Capital Territory (ACT) which identifies specific actions and areas of responsibility for implementing the Intergovernmental Agreement on a National Framework for responding to PFAS contamination (‘the IGA’).

• The majority of the actions in the Plan are the responsibility of EPSDD and the EPA.

The EPA is the regulating entity for the ACT and will coordinate with other agencies to ensure they meet the obligations of the IGA, articulated in the PFAS Action Plan.

The EPA has the lead for two actions in the PFAS Action Plan: Action 2: Inventory

• The IGA specifies that there needs to be the identification of any remaining sources of PFAS in the ACT.

• The Action Plan commits $50,000 for the Inventory, which will be supported by the EPSDD budget.

Action 6: Ambient Monitoring Program

• Monitoring Ambient Levels of PFAS in the environment. A preliminary ambient sampling program has been undertaken in November 2016. The monitoring Program based on site prioritisation commenced in November 2018.

• The Action Plan commits $50,000 for the Ambient Monitoring Program, which will be supported by EPSDD budget.

Environmental Authorisations To ensure compliance with the NEMP, the EPA now requires PFAS monitoring for Class A activities (as listed in Schedule 1 of the Environment Protection Act 1997) for example sewage treatment plants, petroleum storage facilities and landfills.


2018-2019

KEY ISSUE: McKELLAR OVAL LIGHTING • On 22 July 2019, the Canberra Times published an article about the lights at the

Belconnen Soccer Club (BSC). • The article referred to two complaints to the Environmental (sic) Protection

Authority (EPA) in the previous soccer season. • On 22 July 2019, the Senior Director, EPA spoke with , Manager BSC

who advised that this story was based on the previous complaints. • On 31 July 2019, the EPA met with CEO Mr Geoff Long to progress a community

engagement strategy for the upcoming training season and potential twilight matches.

• On 6 November, the EPA advised CEO to notify the surrounding residents of the upcoming W-League fixture for the 2019/2020 season. The EPA is not required to formal approval for the use of the lights, however, as discussed when we met on 31 July 2019, you should ensure that you engage with the community about the upcoming soccer season as outlined below. We discussed advertising your schedule in the Canberra Weekly and Your Canberra and sending a letter to your surrounding residents, as you did following our meeting on 31 July.

• This reinforces the EPAs proactive approach to community engagement, in order to minimise complaints.

Key Information

• On 9 May 2019, the BSC advised that an electrician has adjusted/redirected the lights to reduce glare and the effects of the lights on nearby residents, including the complainant.

• Roads ACT met with the BSC on 14 May 2019 and tested the lighting system for intrusive lighting on residences and William Slim Drive.

• On 22 July 2019, the Manager BSC confirmed that the lights at the BSC remain disconnected at their own discretion.

• The EPA has been actively engaging with the BSC in preparation for the upcoming soccer season.


• A link to the Canberra Times article on 22 July 2019 can be found below: https://www.canberratimes.com.au/story/6284570/lights-go-out-because-someone-is-home/.

• Under the Environment Protection Act 1997, light is deemed to be intrusive and cause environmental nuisance when: a person is affected by the light and makes a complaint.

• Environmental nuisance carries an offence of $100 infringement notice on an individual and $500 for corporation or the Environment Protection Authority may


2018-2019

issue an environment protection order requiring a person to undertake specified action to remedy specified environmental harm.

6 November 2019

Thank you for your email notifying the EPA of the W-League fixture for the 2019/2020 season. The EPA is not required to formal approval for the use of the lights, however, as discussed when we met on 31 July 2019, you should ensure that you engage with the community about the upcoming soccer season as outlined below. We discussed advertising your schedule in the Canberra Weekly and Your Canberra and sending a letter to your surrounding residents, as you did following our meeting on 31 July.

I suggest that you send another letter to your surrounding residents with your upcoming schedule, advising then to contact the Club if they have any issues with the lights and noise when the matches are on.

We also suggest that you monitor the lights during the games to ensure that the lights are directed appropriately and the light spill is managed.


2018-2019

Key Issue: Inspections and Audits

The EPA is responsible for legislation that protects the environment which includes the Environment Protection Act, Water Resource Act and Clinical Waste Act and assists the Conservator in regulating the Fisheries Act.

Part of the duties of the EPA is undertaking inspections and audits of businesses and activities that may pose a risk to the environment. In considering the level of response the EPA refers to the Access Canberra ‘Regulatory Compliance and Enforcement Framework’. This ensures the EPA takes the right regulatory response for the right situation.

The EPA undertakes audits of environmental authorisations based on a risk assessment completed after each inspection. Other activities and business are inspected as part of a programmed operation or proactive patrols of areas.

Following is a summary of the EPA’s inspection and auditing activities in 2018-2019:

Environment Protection Act

Environmental Authorisations

• 115 reviews

Environmental Protection Agreements

• 1752 inspections of development sites Contaminated sites

• 860 inspections

Joint Inspections/Audits – 2018-2019

Operation Spring Clean (with HPS) - audit of food business – 23 audits

• On 1 November 2018 officers from the EPA and Health Protection Services undertook a follow up program from Operation Scrap conducted in May 2017 called Operation Spring Clean, targeting areas with a high number of food businesses around the three major lakes in Canberra: Lake Burley Griffin; Lake Tuggeranong; and Lake Ginninderra.

• Focus of audits was kitchen maintenance, cleaning facilities, areas to the rear of the food businesses, particularly points of entry into the stormwater.

• 5 of the 23 (or 22 per cent) food businesses inspected were disposing waste down the stormwater system (2 in Civic, 3 in Greenway, 0 for Belconnen and 0 Kingston). This was found to be as a result of poor knowledge and understanding.

• The non-compliances identified were followed up by the EPA on 14 and 19 November 2018 as part of normal business.

• Officers did not find evidence of waste in the stormwater systems at the sites.


2018-2019

Pre-Christmas shut down (with Construction Occupations) – 89 site inspections.

• The EPA undertook proactive inspections from 10 – 14 December 2018 of 89 building sites. The aim was to:

- educate builders and developers on their erosion and sediment control responsibilities; and

- ensure the building sector were prepared for the Christmas shutdown period and storm season.

• The sites inspected were brownfield developments (i.e. in-fill development) and greenfield developments with an Agreement or had large areas of disturbance.

• The results of the inspections were that:

- 63 per cent of the sites were compliant;

- 17 per cent were not complaint, with either nil or poor environmental controls in place; and

- 20 per cent were not rated.

Motor Vehicle Repairers - 31 businesses inspected.

• Participated in proactive joint inspections with Building Compliance and Fair Trading Compliance of Motor Vehicle Repairers during May 2019. One premises had no bunding, which has been rectified.

Water Resources Act

• Weekly inspections of the Urban Lakes ie Lake Tuggeranong, Lake Burley Griffin and Lake Ginninderra for Blue-Green Algae, Gross Pollutant Traps and illegal activities such as fish nets and traps.

• 30 inspections (audits) of the 180 Licences to Take Water.

• 43 meters of the 331 meters inspected.

Fisheries Act

• Reactive inspections in response to reports of illegal activity.

• Weekly inspections when doing water monitoring.

• Increased patrols around known urban fishing areas during Murray Cod and Trout closed seasons.

TOTAL audits - 3,000 formal inspections/audits (2, 655 inspections and 288 audits)


2018-2019

Post 30 June

PROACTIVE COMPLIANCE ACTIVITIES

Mobile Food Van operators – 13 November 2019

ACT Health Protection Services and EPA will hold a presentation for ACT Health, Access Canberra and ICON Water, in collaboration with the Canberra Business Chamber, will be holding an information session for the food industry. This event will focus on the recently published Mobile Food Business Fit Out Guide, Trade Waste and Grey Water Disposal for Food Businesses. The topics include: - mobile food business registrations, - mobile food business fit-out requirements, - trade waste and grey water disposal, and - used grease and oil disposal. We also encourage people working in the food industry to attend and seek clarification on a broad range of topics such as: - starting or altering a food business, - general food safety requirements, - food safety supervisor requirements, - grease traps, - temporary stalls and events, and - environmental obligations. Environment Protection Authority Officers, ICON Officers and Public Health Officers will be available at the event to answer your compliance questions

Pre-Christmas Shutdown on Building Sites – 10-14 December 2019

TCSS and SLA and recent introduction of changes to the Litter Act

Developments in Gunghalin and Ginninderry plus others

Fishing Blitz

since opening of trout season on long weekend in October - long weekend in June

1

Notes on the 2019 Gambling Prevalence Survey

Summary:

• The survey found that 60 percent of adults in the ACT participated in at least one form of gambling, comprising 64 percent of males and 56 percent of females.

• One in five people had used electronic gaming machines (EGMs) in the past 12 months.

• Males between the ages of 18 to 44 born in Australia are significantly more likely than any other group to gambling on EGMs, Keno, horse and greyhound racing, sports, and casino table games.

• People born outside Australia are significantly less likely to gamble than people born in Australia.

• People with education up to year 12 were 39 percent more likely to gamble than people with a post graduate degree.

• The survey found that almost 14 percent of ACT adults (around 44,000 people) experienced harm from their own or someone else's gambling over the past 12 months.

• The survey also found that 16 percent of all gamblers in the ACT experienced at least one harm from gambling in the last 12 months.

• Males in ACT reported gambling harm at twice the rate of females, and people under 30 were significantly more likely to report harms than those aged over 30

• The survey findings indicate that 0.8 percent of the ACT adult population meet the criteria for problem gambling. This change in figure (from 0.4% in 2014) is due to the change in survey methodology to include mobile phone numbers for the first time in the ACT.

• The survey estimates that almost 21 percent of ACT adults (68,000 people) gambled online in the past 12 months with males twice as likely as females to participate in online gambling.

Background

1. The Commission funds gambling surveys every five years with previous surveys having been conducted in 2001, 2009 and 2014. These surveys provide an invaluable map of the prevalence of gambling in the ACT, patterns of gambling behaviour and support service use, as well as community attitudes regarding gambling, over time.

2. On 25 October 2019 the ANU released the 2019 ACT Gambling Survey report detailing the findings.

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3. The survey was conducted between April and May 2019 and 10,000 Canberrans were interviewed regarding their gambling activities and attitudes. This represents a substantial increase in the survey sample size compared to the 2014 survey sample of 7000. This allowed for a more robust statistical analysis to be undertaken.

4. This was the first gambling survey in the ACT where both mobile phone numbers and landlines were used to contact people.

5. While previous ACT surveys have asked about gambling related harms it is the first time the Short Gambling Harm Screen has been used to measure gambling harm in the ACT.

6. Specific queries on the quality assurance process and findings are addressed below. The key findings are included at the end of this document.

Survey development process

7. In 2001 the Commission and the ANU entered into a Deed of agreement establishing the Centre for Gambling Research (CGR). The purpose of the CGR is to undertake and publish research on gambling, particularly problem gambling, to assist policy development into the social and economic effects of gambling in the ACT and other Australian jurisdictions.

8. In November 2018 the Commission approved specifications covering the conduct of the 2019 Survey on Gambling in the ACT, including (i) the importance of improving our understanding of gambling harm amongst all Canberrans who gamble as well as those who meet the PGSI criteria for problem gambling and (ii) enabling comparison with previous surveys (where relevant and feasible) - specifically monitoring any changes in (i) the composition of gambling and (ii) problem gambling over time.

9. The specifications required that the survey be informed and overseen by advisory group comprising people with relevant expertise and experience with regard to gambling harm and general population surveys. The ANU’s proposal was reviewed against these specifications.

10. An advisory group of key stakeholders was formed and met in January 2019 with members able to contribute to the general themes of the survey, particularly to ensure ACT knowledge and needs were covered by the survey, including:

Alex Ingham (JaCS),

and Natalie Maclean (Access Canberra).

11. A working group was also formed in January 2019 which included a range of leading Australian academics with experience in gambling research and prevalence surveys, including:

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Dr Jodie Vaile (Access Canberra) and Dr Tanya Armstrong (Access Canberra).

12. Advice received from both of these bodies was incorporated along with legacy questions from previous surveys to form the new questionnaire.

13. An information session was also held on 11 February 2019 with 10 industry and 15 community representatives attending.

Casino expenditure

14. The survey report notes that expenditure on all forms of gambling has continued to decline per capita since the last ACT gambling survey in 2014, with the exception of expenditure at Casino Canberra, which increased by 47.7%. from 2014–15 to 2016–17.

15. This data is not from the survey rather it is from Australian Gambling statistics 1991–92 to 2016–17, released by the Queensland Government Statistician. It reflects data collected and reported by state and territory governments for administering the gambling taxation.

16. The ANU’s survey notes that the Aquis Entertainment Limited’s financial reports showed a 52.1% increase in gaming revenue between 2013–14 and 2015–16.

17. This increase in Casino gambling revenue occurred after Aquis Entertainment purchased the Casino in December 2014 and undertook major renovations in 2016.

Help-seeking for gambling

18. The report states that all gamblers in the ACT were asked if they had ever sought help for their gambling and 1.5% of gamblers had sought help for their gambling. This represents lifetime help-seeking behaviour amongst people who reported gambling on one or more activity in the last 12 months. It covered a wide range of help-seeking behaviours and options including, website support, self-help strategies, a gambling helpline, counsellors, psychologists, psychiatrists, GPs and support groups.

19. This analysis includes people who may have gambled on very few activities or only bought scratch or lottery tickets, that is, people with a low risk of experiencing harm from their gambling. It is perhaps more useful to look at help-seeking amongst people actually experiencing issues from their gambling. The survey also found that 23.6% of people who had reported a gambling problem and 5.6% of gamblers who reported one or more harms in the past 12 months reported having sought help for their gambling.

20. People who had not gambled in the last 12 months who were still accessing support were not asked about help-seeking. Therefore the survey did not cover help-seeking for gambling related issues for all Canberrans across their lifetimes.

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Informal games

21. One of the gambling activities covered by the survey is informal games. Informal games were described as being ‘like cards, mah-jong or snooker privately, for money (including in person, by phone and online)?’

Maximum bet attitudes

22. The survey asked people what they thought about a range of different gambling activities and policies. People were asked ‘In the ACT the maximum you can bet per spin on a poker machine is $10. In your opinion, what do you think the maximum amount per spin should be?’

23. The survey found that 49.4% of the ACT adult population believed that the limit should be changed, 34.3% believed that the limit should remain the same, only 0.8% thought the limit should be removed. (We assume the remaining 15.5% had no opinion or refused the question.)

24. On average Canberrans supported a reduction in the maximum bet limit but further analysis is needed, investigating the actual range of responses across different population groups, before further comment can be made.

Cost

25. The survey was funded through the Gambling Harm Prevention and Mitigation Fund, with the Commission approving funding of $603,000 (excluding GST).

Back pocket Briefings Building Overview

• Building complaints only account for 5 per cent of all incidents raised with Access Canberra in 18-19 while Planning incidents account for 6 per cent of all incidents (comparison to EPA who had 27 per cent and Parking had 37 per cent).

• Received 127 Ministerial Correspondence. • Received 401 building and planning cases. • Resolved 501 building and planning cases. • 117 outstanding cases at 30 June 2019.

Construction Audit Team

• In line with the 2019-20 CAT Business Plan and CAT Project Plan the Construction Audit Team undertook a programmed weatherproofing audit of Class 1 residential buildings in order to determine the rate of compliance and regulate any issues that arise.

• There were a total 38 Weatherproofing audits, within the first Quarter of 2019-2020. o 13 non-compliances with weatherproofing of masonry o 1 non-compliance with incorrect installation of roof sarking o 3 non-compliances in relation to wet area and external waterproofing o 6 non-compliances of footings and slabs – vapour barriers.

• In addition, there were 3 non-compliances found of building not in accordance with approved plans.

• 3 non-compliances of timber frame overhangs. • 1 non-compliance with inadequate bracing. • This FY 2019-20 audit program is targeting its efforts towards a risk-based and data driven

approach derived from data collected from complaints received between July 1 2018 and 17 May 2019. Therefore it is difficult to make an accurate comparison to last FY audit numbers.

Figures from last year:

Type of Audit Total Audits

Energy Efficiency Rating Auditing 402

Site Audits – Building Approval (BA) 147

Certificate of Occupancy (COU) Applications 91

Site Audits – Development Approvals (DA) 112

Cost of Works Assessment Audit 28

Building Investigations Team (Regulatory Actions) Wish Apartments Bruce

• TP Dynamics is the company. • The Director of Public Prosecutions has laid four charges against TP Dynamics for alleged

breaches of the Planning and Development Act and Building Act. • These relate to TP Dynamics not obtaining approval to commence building work.

Kelkiah Apartments (Macquarie)

• The company is Madison Constructions. • The Director of Public Prosecutions has laid one charge against Madison Constructions for

failing to comply with a Rectification Order issued under the Construction Occupations

(Licensing) Act. Madison was required under the order to undertake rectification work to address numerous defects in the building.

Kingston Place (Kingston)

• The company is Morris Construction Corporation. • On 27 August 2019 Morris was issued with a Rectification Order (RO) requiring them to fix a

number of defects identified in the building. Morris has not attended to any of the rectification work. Access Canberra is considering its regulatory options.

• On 20 September 2019 an Emergency Rectification Order (ERO) was served on Morris requiring them to make emergency propping to the building. Morris lodged an application in ACAT for a stay of the order. The application for a stay was dismissed.

• On 27 September 2019. Morris’ legal representative wrote to the Government Solicitor Office to advise that Morris will not be complying with the order. Access Canberra through CMTEDD Major Projects engaged a contractor to install propping in the building as per the ERO.

• Propping was finalised in late October. Access Canberra is now considering its options regarding prosecution for failing to comply with the order and recovery of cost associated with the propping of the building.

Salt Apartments (Kingston)

• The company is Core Building Group. • On 17 September 2019 Core Building Group was issue an Emergency Rectification Order

(ERO) after building defects were identified in the building. The following day after the ERO was issued, Core engaged with Access Canberra to resolve the issues identified. Core engaged an independent engineer who guided Core in undertaking the rectification work.

• On 31 October 2019 the independent engineer provided a report on the work undertaken by Core. Access Canberra is currently assessing the report to ensure all works are complete.

Kingston, Knightsbridge

• As was reported in the media on 15 July 2019, The Australian Hotels Association (AHA) applied for a Controlled Activity Order under the Planning and Development Act 2007 (the Act) in relation to the property.

• It is alleged that Knightsbridge Apartments is operating as a commercial accommodation unit. It is alleged that this use is not permitted under the Crown lease, the Territory Plan or under any development approval.

• Failing to comply with a provision of a Crown lease and undertaking a development without the required development approval are controlled activities under the the Act.

• There is a legislative process under the Act which must be followed when an application for an order is received. This includes:

o Issuing a show cause notice to the entity to which the order is sought against. o Seeking written representations from that entity. o The delegate of the planning and land authority considering the application and any

response. • On 6 September 2019, Access Canberra issued a show cause notice on the owner and the

mortgagee. A response to the Show Cause Notice was received from the lessee on 20 September 2019.

• The delegate has reviewed the response to the show cause notice, along with the application for the Controlled Activity Order.

• On 21 October 2019 the delegate decided not to issue a Controlled Activity Order. • The ACT Civil and Administrative Tribunal is the review authority for this decision.

• I understand complaints had previously been made regarding the property in 2017. • Access Canberra is a risked based regulator and as such acts on a risk and harm basis. The

investigation into the original complaint focussed on occupant safety. • Access Canberra conducted a joint inspection with ACT Fire & Safety into the safety of the

building. There were no safety concerns identified as part of that inspection and no further action was taken at that time.

Unclean Leasehold Kaleen,

• Access Canberra issued an Ongoing Controlled Activity Order for this property on 12 October 2018, requiring the lessees to keep the property clean for a period of five years.

• The lessees have been advised that the Controlled Activity Order (CAO) is ongoing and will be in force until 12 October 2023 and periodic inspections will be carried out.

• On 24 July 2019 Access Canberra issued a further Order as a result of additional goods being placed on the property.

• On 16 August 2019, an application for a review of the CAO was made by the owner to the ACT Civil and Administrative Tribunal.

• At a directions hearing on 13 September 2019, it was agreed to revise the order and consent was given by the senior member.

• Access Canberra continues to monitor compliance with the revised order. • At inspection on 24 September 2019 it was observed that the owner was complying with the

revised order and that clean-up was in progress. • At inspection on 18 October 2019, it was observed whitegoods and other material had again

built up and the owner was not complying with the order. Access Canberra is currently determining the appropriate compliance action.

• Access Canberra is also working with other ACT Government regulators through the Hoarding Case Management Group to ensure the block and the neighbouring unleased public land are kept clean.

• The matter was discussed at the Hoarding Case Management Group meeting 16 October 2019.

Kaleen,

• The issue related to an unclean leasehold with a shipping container present in the front yard. • Access Canberra issued a Controlled Activity Order to the lessees on 19 December 2018

requiring them to remove shipping containers from the block. • Access Canberra has closed the case as the lessee has complied with the Order. • Access Canberra has subsequently received a separate complaint alleging the leasehold is

still unclean. On 11 September 2019 Access Canberra inspectors determined that the property is not an unclean leasehold according to the relevant policy and legislation.

• Access Canberra conducted a follow up inspection on 24 September 2019 where it was determined that the owner is complying with the revised order and that clean-up is in progress. Access Canberra continues to monitor compliance with the revised order.

Lawson • Access Canberra has commenced enforcement action against the owner of a block in

Lawson, after warning letters received no response. ACT Fire and Rescue attended a fire at the site on Tuesday 22 October 2019.

• In response, Access Canberra arranged for a fence to be placed around the perimeter of the site. The fence was erected on Friday 25 October 2019.

• On Monday 28 October 2019 Transport Canberra and City Services removed the rubbish from the site.

Electrical Overview

• During 2018-19, the Electrical Inspectorate conducted 23,332 inspections. • Of these inspections: > 13,961 related to additions and alterations; and > 9,371 were new

installations (1,635 related to solar installations). Of these, a total of 2.4% failed at the time of inspection.

• In 2018-19, 35,576 Certificates of Electrical Safety were issued in the ACT. This is an increase from 2017-18 when the Inspectorate received 27,393 Certificates of Electrical Safety lodgements.

• This financial year to 31 October 2019: o Total of 15,505 Certificates of Electrical safety were received, o Total of 11,633 electrical inspections / audits were conducted, o Total of 141 inspections failed and were issued a defect notice, 1.2%

Electrical (Regulatory Actions)

• Over the last 12 months the electrical inspections team have had zero lost days through workplace injuries. A small number of close calls were recorded in Risk Man that have feed back into the safety processes to provide a safer work environment for the team.

• On the 8-August-2019 an electrician was issued a major defect and demerit point(s) for breaking an electrical inspector’s seal and connecting a live Photovoltaic (PV) system to a residential switchboard without correct isolation systems being installed. This resulted in a near miss incident for an electrical worker.

Plumbing overview

• The Access Canberra Plumbing and Gas Inspectorate, in the last financial year, conducted over 13,593 drainage and plumbing inspections. This is an increase of 555 inspections compared to the 2017-2018 financial year.

• So far this year, since the 1st of July, the inspectorate has already undertaken 3,088 inspections (combined plumbing drainage and gas).

• This represents a decrease of 581 inspections for drainage and plumbing from the previous year.

• ISSUE: The annual report identified that there was a decrease in the number of inspections for plumbing, drainage and gas (page 320) then states that ‘in 2018-19 there was an increase in the number of inspections’ (page 321).

Plumbing (Regulatory Actions)

• In November 2018 a licensee who resides interstate had several demerit points issued against his license after it was found that a Plumbing installation, that he had issued a Compliance Certificate for, had numerous defects. One of the defects that the work was not under hydraulic test as required under AS/NZS 3500.

• Another contractor had demerit points issued after it was established that he had submitted a “Minor Works” certificate when a “Start of Work” Notice was required.

Gas Overview

• The Access Canberra Plumbing and Gas Inspectorate, in the last financial year, conducted over 3,002 gas inspections respectively. This represents an increase of 334 inspections when compared to the 2017-2018 financial year.

• So far this year, since the 1st of July, the inspectorate has already undertaken 3,088 inspections (combined plumbing drainage and gas).

• This represents a decrease of 314 inspections for gas from the previous year.

Canberra Institute of Technology Annual Report Hearing Index

Output: CIT

Topic Responsible Executive

Action Officer

Chief Minister’s Brief Leanne Cover Alice Clements

1. CIT Campus Renewal Leanne Cover X73107

Paul Ryan

2. Contestable Revenue (Skilled Capital and User Choice)

Paul RyanX74955

James Dunston

3. Cyber Security Courses Paul RyanX74955

Kris McCreath

4. Tuggeranong Offerings Paula McKenry X73106

Alice Clements

5. Progress on CIT Digitalisation (from successful budget bid)

Paul RyanX74955

Penny Neuendorf

6. Progress on capital works at Fyshwick (from successful Budget bid)

Andrew Whale X78960

Ivan Radic

7. Student Numbers – Aboriginal and Torres Strait Islander Students

Paula McKenry X73106

Brad Imhoff/Caroline Hughes

8. Survey Results – Learner Engagement, Employer Satisfaction and Student Outcomes


Elizabeth Tomaras

9. Update to the Training and Assessment Requirement for Teaching Staff


Elizabeth Tomaras

10. Strategic Compass Projects Leanne Cover X73107

Cathy Hudson

11. CIT Annual Report – Output Measures (will cover accountability indicators)

Leanne Cover X73107

Karl Caig

12. CIT Staff Numbers Andrew Whale X78960

Mike Connors

13. Course Enrolments Andrew Whale X78960

Karl Caig

14. CIT Financial Performance Andrew Whale X78960

Greg Tong

Annual Report Hearings - Index

1


Cleared as complete and accurate: 31/10/2019Cleared by: Leanne Cover Chief Executive Officer Ext: 73107

TRIM Ref: CM19/193285

Portfolio/s: Chief Minister

Vocational Education and Skills

BRIEF TITLE: Vocational Education & Skills – Canberra Institute of Technology

Talking points:

CIT is an economic and social enabler for the ACT

∑ CIT provides training to close to 20,000 students each year and increases access to workforce participation and social inclusion for many in the community. CIT is a dynamic, connected and diverse provider of Vocational Education and Training offering quality skills development to individuals, employers and industry in Canberra, Australia and internationally.

∑ CIT is growing the region’s talent and economy by developing and delivering innovative skills training for new and emerging industries, responding to government priorities including renewables and cyber security.

∑ The ACT Government aims to ensure CIT can respond to the changing needs of students, business and industry, and easily adapt to changing teaching techniques, new technologies and new courses.

∑ The ACT government will continue to support CIT as the public provider and the largest provider of Vocational Education and Training (including Australian Apprenticeships) in the ACT.

∑ The ACT economy is the strongest in Australia. The past three years have seen combined economic growth of 12%, supporting the creation of over 3,200 new businesses and more than 16,000 jobs. CIT partners with these ACT businesses to ensure they have the right people with the right skills to support sustainability and future growth.

∑ Of the students with a disability enrolled in VET in 2018, 84% were enrolled at CIT. This has been a consistent trend over, at least, the last four years and reflects CIT’s long-held commitment to delivering services that support students living with disability.


2


Cleared as complete and accurate: 31/10/2019Cleared by: Leanne Cover Chief Executive Officer Ext: 73107


Course Offerings

∑ CIT annually considers all of its programs and continuously reviews course offerings, course delivery and campus location options to ensure the most effective student learning experience and CIT business needs.

∑ In 2019, CIT offered a range of courses at the Tuggeranong campus including Asbestos Awareness and White Card, Foundation Skills, General Education, Business, Early Childhood Education and Care, Accounting, Hospitality and Digital Media and Technology.

Accountability Indicators

∑ CIT delivered 3.02 million nominal hours of Profile training to students in the 2018 calendar year. This is an increase of 3.1 per cent from 2017. Program enrolments and completions for 2018 have also increased compared to 2017 results.

∑ CIT’s qualitiative accountability indictors show that CIT continues to deliver a high standard of training that meets student and industry requirements with a (surveyed) student satisfaction rate of 89% and an employer satisfaction rate of 94%.

Budget Initiatives

∑ The ACT Government is investing $8.39 million in CIT from 2019-20 over the next 3 years through funding for the Providing Better ICT Services for CIT Students and Staff and the More Teaching and Learning Spaces for CIT Fyshwick initiatives.

Industry Partnerships

∑ CIT is strengthening partnerships with industry to develop innovative and practical workforce solutions. Recent examples include Microsoft, Vestas, Seeing Machines and Accor Hotel Group.

∑ As a foundation member and leader within the Canberra Innovation Network (CBRiN) CIT’connectivity to CBRIn, businesses and other higher education institutions is increasing. CIT is increasingly being approached by university partners to provide job ready VET skills to compliment university graduates qualifications and skills.


3


TOPIC 1: CIT CAMPUS RENEWAL

Cleared as complete and accurate: 18/01/2018Cleared by: Choose an item. Must be an

Information Officer (Executive)

Ext:

Information Officer name:Contact Officer name: Ext:Lead Directorate: Chief Minister, Treasury and



ISSUE: CIT Campus Renewal

Talking points:

∑ The ACT Government aims to ensure that CIT is a modern, innovative and dynamic institute that can respond to the changing needs of the community and the business sector and easily adapt to changing teaching techniques, new technologies and new courses.

∑ In addition to the options for Campus Renewal on the Reid site, the ACT Government has decided to investigate potential alternative site options for CIT Reid, which may see CIT’s major presence in Reid moved to a modern and purpose built teaching and learning complex in the Woden Town Centre.

∑ The ACT Government is investigating the best potential location for a new dedicated facility for CIT Reid. This dedicated facility will ensure CIT can keep delivering flexible, digitally progressive courses that develop the skills we need for the future of the Canberra economy.

∑ The ACT Government is investigating site options in the Woden Town Centre. The work will:

o identify and assess sites in Woden Town Centre that will meet the government’s objectives and fulfil the CIT requirements;

o identify and summarise the cost implications, benefits and limitations of each suitable site; and

o produce a comparative analysis of CIT site options in Reid and Woden, to inform a future business case.

∑ This advice will inform whether a new site in Woden could replace the location in Reid, with CIT continuing to operate at its four other existing campuses across Canberra.

Sensitive Annual Report Hearings - CIT Campus Renewal

4


TOPIC 1: CIT CAMPUS RENEWAL

Cleared as complete and accurate: 18/01/2018Cleared by: Choose an item. Must be an

Information Officer (Executive)

Ext:

Information Officer name:Contact Officer name: Ext:Lead Directorate: Chief Minister, Treasury and



∑ The current site investigation work will look at a range of sites in Woden Town Centre to determine their suitability. This process is not a design or development process.

∑ The ACT Government will continue to partner with CIT to plan for the best possible future for vocational education and training in Canberra.

Key Information

∑ Discussions with UNSW for the development of a new city campus are continuing and UNSW understands the Government is yet to make a final decision on the best location for CIT.

∑ CIT will remain as a separate entity in the event of any redevelopment of the precinct by UNSW.

∑ In the 2018-19 Budget, $1 million was allocated to CIT to:

o complete site investigations for the current CIT Reid campus, including geotechnical and environmental surveys; and

o prepare a functional design brief, technical specifications and a concept design for a new multi-storey campus building.


∑ The current spread of course delivery across many campuses is impacting on CIT’s operational and financial efficiency and its ability to attract and retain students.

∑ Campus renewal seeks to address this by consolidating activities, reducing the built footprint and expanding campus opportunities which should improve operationalefficiency and financial sustainability by reducing recurrent operational and maintenance costs.

∑ The former Woden CIT campus buildings have passed their useful life and no longer meet the needs as an educational facility. Due to the existence of remnant friable asbestos material in wall cavities and voids, the buildings cannot be upgraded and CIT relocated all courses from the former campus leaving the site vacant.

Annual Report Hearings - CIT Campus Renewal

5


TOPIC 2: CONTESTABLE REVENUE (SKILLED CAPITAL AND USER CHOICE)

Cleared as complete and accurate: 01/11/2019Cleared by: Executive Director Ext: 74955Information Officer name: James DunstonContact Officer name: James Dunston Ext: 73491Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: Contestable Revenue (Skilled Capital and User Choice)

Talking points:

∑ Skilled capital enrolments have seen a substantial increase of 101% over the past 12 months. The total number of enrolments at the end of 2018 was 499, as at 21 Oct 2019 enrolments have reached 1003.

∑ Industry areas where skilled capital enrolments have increased in 2019 include Skills for Work and Vocational Pathways, Early Childhood Education and Care, Allied Health Assistance, Cyber Security, Nursing and Project Management.

∑ From the Skilled Capital list released by Skills Canberra CIT nominated for 73 qualifications/ skill sets across the 5 teaching colleges and CIT Yurauna for 2019.

∑ Data as of Aug 2019 shows CIT has close to half of all ACT Australian Apprenticeships (including apprenticeships and traineeships) market share with an increase of 5% since the same time in 2018. CIT traineeship market share has increased by 14% in 2019.

∑ Australian Apprenticeship total nominal hours have increased by 6% (increase of 39,680 NH) when compared with this time last year.

∑ There has been a 7.5% increase in Australian Apprenticeships compared to the same period in 2018. Increasing support for Australian Apprentices underpins the increase in Australian Apprenticeship enrolments and completions.

Key Information

∑ Tuition fees for nominated Skilled Capital qualifications and skill sets were determined based on

o Minimum tuition fee as dictated by Skills Canberra;o Market tuition fees; ando The target cohort demographic e.g. financially disadvantaged groups.

Annual Report Hearings - Contestable Revenue (Skilled Capital and User Choice)

6


TOPIC 2: CONTESTABLE REVENUE (SKILLED CAPITAL AND USER CHOICE)

Cleared as complete and accurate: 01/11/2019Cleared by: Executive Director Ext: 74955Information Officer name: James DunstonContact Officer name: James Dunston Ext: 73491Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

∑ As of September 2019, there are 3,766 apprentices and trainees enrolled across a range of 80 qualifications at CIT.

∑ Areas with increased enrolments include fabrication, government, glass and glazing, landscape construction, plumbing and electrical.


∑ The Skilled Capital program is an ACT Government funded training initiative. CIToffers a comprehensive range of services to provide Skilled Capital students the support they need to complete the training that is right for them. Skilled Capital improves access to high quality training in areas of skills needs and maximise improved employment opportunities for students.

∑ CIT has a dedicated team that focusses on Australian Apprenticeships. The dedicated team has been continuously improving the Australian Apprenticeshipexperience through implemented processes to support the following:

o enhanced learning engagement for apprentices and traineeso client engagement and transparency with employers; ando ensuring apprentices and trainees have the support they need to successfully

complete their chosen qualification.

∑ CIT works with a range of stakeholders including Skills Canberra’s Field Officers, Apprenticeship Network Providers, Oz Help, the ACT Wage Advice Line, ISMAA providers (Australian Government funded industry specialist mentors) and CIT’s Student Association (CITSA) to ensure that apprentices and trainees are supported throughout their Australian Apprenticeship journey.

Annual Report Hearings - Contestable Revenue (Skilled Capital and User Choice)

7


TOPIC 3: CIT CYBER SECURITY COURSES

Cleared as complete and accurate: 01/11/2019Cleared by: Executive Director Ext: 74955Information Officer name: Kris McCreathContact Officer name: Kris McCreath Ext: 76241Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: CIT Cyber Security Courses

Talking points:

∑ CIT currently delivers three cyber security courses;

o Certificate IV in Cyber Security

o Graduate Certificate in Networking and Cyber Security

o Introduction to Organisational Cyber Security.

∑ CIT delivers cyber security training from its newly launched (Nov 2018)Training Security Operations Centre (TSOC) and multiple technology labs. Training is also delivered online via virtual classroom and self-pacedonline activities.

∑ CIT is the only VET organisation delivering accredited cyber security training courses in the ACT region.

∑ CIT works closely with multiple organisations to deliver training and assists in responding to the cyber security skills shortage, including AustCyber, Fifth Domain, Ionize, Australian National University, Department of Foreign Affairs, Digital Transformation Agency, Skills Canberra and the ACT Government.

∑ Certificate IV in Cyber Security can be undertaken as a Traineeship at CIT.

∑ From March 2018, CIT has welcomed over 600 students into the CIT cyber security programs.

Key Information

∑ CIT has incorporated international opportunities for cyber students by exposing them to leading practises in cyber security in Singapore. 21 CIT students visited organisations such as Accenture, KPMG, IXIA, Singtel, Cisco, Cylun Lab and higher education institutions throughout 2018 and 2019.

Annual Report Hearings - Cyber Security Courses

8





TRIM Ref:

∑ Since launching the Certificate IV Cyber Security program in 2018, CIT has enrolled over 200 students into the program. Of these students approximately 15% have already completed the qualification (in less than the nominal duration) and another 25% are on track to complete by Dec 2019.

∑ The Graduate Certificate has had a total of 97 enrolments since 2016, with approximately 30 current enrolments and 21 students completing the qualification to date. This qualification is offered as a high level skillset for university graduates, diploma graduates and/or professionals with relevant experience.

∑ To assist all industry sectors in cyber security, CIT now offers an Introduction to Organisational Cyber Security course that gives students, employees, managers and business owners a basic understanding of cyber security. This course is offered completely online and participants receive a Statement of Attainment upon successful completion. Since its release in July 2019, CIT has enrolled approximately300 participants in to this course and 40 of these have already completed the course.

∑ CIT offered Certificate IV and Graduate Certificate program under the ACT Government initiative Skilled Capital. 45 CIT students commenced these qualifications under the Skilled Capital initiative.


∑ In November 2018, CIT launched a new Training Security Operations Centre and tech-collab space at the Reid Campus. This $1.1million project was primarily funded by AustCyber and the ACT Government, in collaboration with Nova Systems, Fifth Domain and the Australian National University

∑ The TSOC facility is also specifically designed to enable start-up tech companies to showcase new technologies to industry and students

∑ CIT worked closely with TAFE institutions across Australia to develop its Certificate IV in Cyber Security qualification. This qualification is an entry level course that contributes to the full suite of available training in Information Technology at CIT, and also assists in responding to the 18,000 persons skills shortage estimated within the Australia’s Cyber Security Competitiveness Plan (AustCyber report)

∑ CIT is leading cross sector projects in cyber security as demonstrated by recent training delivered for a global renewable energy company. This involved designing specialised training to equip employees of the company with basic cyber security knowledge and skills

∑ CIT currently has a national MOU with Australian TAFE institutions to increaseresources and create efficiencies for cyber security training development and delivery


9





TRIM Ref:

∑ CIT’s ongoing relationship with the Canberra Node of AustCyber has better connected the institute with Industry. This has enabled CIT to seek out further cybertraining staff resources from industry leading organisations.


10


TOPIC 4: TUGGERANONG COURSE OFFERINGS

Cleared as complete and accurate: 04/11/2019Cleared by: Chief Executive Officer Ext: 73107Information Officer name: Alice ClementsContact Officer name: Alice Clements Ext: 73222Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: Course Offerings at CIT’s Tuggeranong Campus

Talking points:

∑ Student enrolments at CIT Tuggeranong are:201920 – 272201910 – 327

∑ CIT annually considers all of its programs and continuously reviews course offerings, course delivery and campus delivery options to ensure the most effective student learning experience and CIT business needs.

∑ In 2019, CIT has offered a range of courses at the Tuggeranong campus including Asbestos Awareness and White Card courses, Foundation Skills courses, General Education courses, Business courses, Early Childhood Education and Care courses, Accounting courses, Hospitality courses and Digital Media and Technology courses.

∑ As part of this process CIT considers factors including the VET market, skills demand, student requirements, industry and community need and campus facilities. This process also includes consultation with relevant stakeholders.

∑ The ACT Government aims to ensure that CIT can respond to the changing needs of students, business and industry, and easily adapt to changing teaching techniques, new technologies and new courses.

∑ The Course offerings advertised to be delivered at CIT campuses in the CIT 2020 Course Guide are indicative only and decisions about 2020 course offerings and course locations occur throughout the year in response to requirements.


Annual Report Hearings - Tuggeranong Offerings

11


TOPIC 4: TUGGERANONG COURSE OFFERINGS

Cleared as complete and accurate: 04/11/2019Cleared by: Chief Executive Officer Ext: 73107Information Officer name: Alice ClementsContact Officer name: Alice Clements Ext: 73222Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

∑ As part of its core business CIT must retain the flexibility to move/consolidate courses across campus locations to ensure the best learning experiences for students and the most efficient and effective use of human resourses and facilities.

∑ CIT undertakes consultation with relevant stakeholders as part of the review process and any feedback received is taken into consideration.

∑ CIT is operating within an increasingly complex environment and may be competing with higher educations providers, registered training organisations and community orgnisations in both the accredited and non-accredited training market. Therefore CIT continues to adapt to a volatile VET landscape and the changing world of work.

Annual Report Hearings - Tuggeranong Offerings

12


TOPIC 5: PROGRESS ON CIT DIGITALISATION (FROM SUCCESSFUL BUDGET BID)

Cleared as complete and accurate: 01/11/2019Cleared by: Executive Director Ext: 74955Information Officer name: Penny NeuendorfContact Officer name: Penny Neuendorf Ext: 74041Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: Progress on CIT Digitalisation (from successful budget bid)

Talking points:

∑ New ICT platform test environment has been delivered, this has been reviewed and pre-production activity has commenced. Current spend is $231,694 which is around 23% of phase 1 estimates.

∑ The physical ICT infrastructure project has been broken down into two sub projects:

o Fyshwick Campus 2019/2020 FY – Completed, Total cost $304K which is 1.6% over estimated costs

o Bruce Campus 2020/2021 FY – to commence in July 2020

∑ CIT required better ICT Services for CIT Students and Staff.

∑ CIT was successful in its Better ICT services for CIT Students and Staff budget bid. This will allow CIT to modernise the ICT systems that support CIT’s students and staff. The project has two components.

1. Replacing physical ICT infrastructure at CIT Bruce and CIT Fyshwick which has reached end of life.

2. Constructing a new ICT platform and environment to provide a better digital working and learning environment.

∑ CIT’s WIFI capabilities were not sufficient for student or staff connectivity and were impacting training

∑ CIT is moving from a Novel infrastructure which is not fit-for-purpose and stopping CIT from being innovative and proactive in the ICT environment.

Key Information

∑ The WIFI at Fyshwick campus now has excellent coverage in all teaching, student and administration areas.

Annual Report Hearings - Progress on CIT Digitilisatin (from successful budget bid)

13


TOPIC 5: PROGRESS ON CIT DIGITALISATION (FROM SUCCESSFUL BUDGET BID)

Cleared as complete and accurate: 01/11/2019Cleared by: Executive Director Ext: 74955Information Officer name: Penny NeuendorfContact Officer name: Penny Neuendorf Ext: 74041Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

∑ There has been no issues with the Fyshwick project with positive feedback from CIT students and staff.

∑ The ICT platform test environment has been assessed by SSICT staff and the pre-production is currently in development.

Annual Report Hearings - Progress on CIT Digitilisatin (from successful budget bid)

14


TOPIC: 6 CIT FYSHWICK CAMPUS UPGRADE

Cleared as complete and accurate: 23/10/2018Cleared by: Executive Director Ext: 78960Information Officer name: Andrew WhaleContact Officer name: Greg Tong Ext: 73197Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: CIT FYSHWICK CAMPUS UPGRADE

Talking points:

∑ Capital funding of $2.9 million ($1.8 million in 2020-21 and $1.1 million in 2021-22) has been provided in the 2019 ACT Budget for More Teaching and Learning Spaces for CIT Fyshwick.

∑ 2019-20 Better Infrastructure Program funding of $0.16 million has been provided for preparatory work for the upgrades for the design and documentation phase of the project for the construction of additional workshop space between A and B blocks and C and D blocks.

Key Information

∑ The concept design work has been completed.

∑ $8,900 has been incurred to date for preliminary sketch plans and a concept design.

∑ A Development Application (DA) has been lodged and a site survey plan is awaited for C and D buildings before the DA can be publicly notified.

∑ A site survey plan is expected to be completed by 4 November 2019.

∑ A procurement process will commence in November 2019 to engage an Architect to design and document the project.

∑ A hazardous materials site assessment is to be undertaken in December 2019.

∑ Approval of the DA is expected to be received in February 2020.

∑ Design and associated documentation is expected to be completed by March 2020.

∑ The project is expected to be financially complete by June 2020.


Nil.

Annual Report Hearings - Progress on capital works at Fyshwick (from successful budget bid)

15


TOPIC 7: ABORIGINAL AND TORRES STRAIT ISLANDER STUDENTS

Cleared as complete and accurate: 04/11/2019Cleared by: Executive Director Ext: 73106Information Officer name: Caroline HughesContact Officer name: Caroline Hughes Ext: 73308Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: Student Numbers – Aboriginal and Torres Strait Islander Students

Talking points:

∑ As at 28 October 2019 Aboriginal and Torres Strait Islander enrolment numbers are at 1,333 (over 20% higher than same period last year).

∑ Programs accessed through the CIT Yurauna Centre include:

o Certificate II General Education;

o ACT Year 12 Program; and

o Industry related programs ie community services sector, apprenticehships, ASBAs, Health and Community, Information Technology, Business, Accounting etc.

∑ The number of Aboriginal & Torres Strait Islander people accessing CIT continues to grow.

∑ CIT aims to close the gap in educational outcomes through policy and practices that seek to improve vocational training outcomes for Aboriginal and Torres Strait Islander people.

∑ CIT has a number of key strategies that focus on the needs of Australia’s First Nations. The leading stratagy has been the elevation of the CIT Yurauna Centre, focusing specifically on Aboriginal and Torres Strait Islander cultural practices in everyday learning.

Key Information

∑ The CIT Yurauna Centre is a community focused multi-functional Cultural Education Centre that brings individuals together to learn in a culturally safe environment. The Centre is a gathering place that provides opportunity for people to find real solutions.

∑ Key strategies include:

o culturally safe pastoral support;

Annual Report Hearings - Student Numbers - Aboriginal and Torres Strait Islander Students

16


TOPIC 7: ABORIGINAL AND TORRES STRAIT ISLANDER STUDENTS

Cleared as complete and accurate: 04/11/2019Cleared by: Executive Director Ext: 73106Information Officer name: Caroline HughesContact Officer name: Caroline Hughes Ext: 73308Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

o access to financial support including fee assistance and scholarships to remove barriers to VET; and

o workshops and podcasting are among the tools being utilised within Yurauna to retain culture and history whilst providing students with media, writing and presentation skills.

Annual Report Hearings - Student Numbers - Aboriginal and Torres Strait Islander Students

17


TOPIC 8: SURVEY RESULTS – LEARNER ENGAGEMENT, EMPLOYER SATISFACTION AND

STUDENT OUTCOMES

Cleared as complete and accurate: 04/11/2019Cleared by: Executive Director Ext: 73106Information Officer name: Elizabeth TomarasContact Officer name: Elizabeth Tomaras Ext: 74831Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: CIT’s 2019 Results from National Surveys

Talking points:

∑ As required of all Registered Training Organisations, CIT uses the national survey tools to seek feedback from students and employers of apprentices and trainees.

∑ The Learner Engagement Survey (LES) seeks feedback on students’experiences about their training and assessment quality.

o Overall 90.3% of respondents were satisfied with the training at CIT in 2019 (compared to 89.0% in 2018 which was the only time below 90%).

o 3,533 students responded providing 35% response rate (ran from 19 August to 13 September 2019); increase from 2,638 students (24.6% response rate) in 2018 and over 1,600 in 2017 and 2016.

∑ The Employer Satisfaction Survey (ESS) provides opportunity for feedback from employers of CIT apprentices and trainees on training and assessment quality.

o Overall 89.5% of respondents were satisfied with the training at CIT in 2019 (compared to 94.1% in 2018 which was a ten year high).

o Approximately 440 employers responded (also ran from 19 August to 13 September 2019); slightly less than previous years as more large employers (single respondent) with multiple apprentices.

∑ CIT uses the survey results as part of its continuous quality improvement strategies and innovative learning resources projects to help develop improvement actions for related issues.

Annual Report Hearings - Survey Results - Learner Engagement, Employer Satisfaction and Student Outcomes

18



STUDENT OUTCOMES



TRIM Ref:

Key Information

Learner Engagement Survey

∑ The results of the LES key indicator question—LQ5 Overall, I am satisfied with the training—is used to provide the summary LES result.

∑ The 2019 result of 90.3 % increase of 1.3 % on the 2018 LES results and marks a reversal of the declining level of satisfaction seen in previous years. The 2019 result is well above the ACT Government’s key performance indicator requirement of 85%.

∑ It is likely that this year’s increase was influenced by the many improvements currently occurring at CIT; the May Student Experience Committee Deep Dive into LES conference which included analysis of data by over 100 CIT staff, CIT Student Association (CITSA) staff and CIT students; the promotion of the identifiedachievements; increased promotion of the LES including CIT’s detailed analysis of the results and reminders to students by staff during CITSA forums.

∑ Ten year LES summary:

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

LQ5 91.3% 90.0% 92.3% 92.0% 92.3% 93.3% 93.1% 91.6% 91.4% 89.0% 90.3%

Employer Satisfaction Survey

∑ The results of the ESS key indicator question—EQ12 Overall, we are satisfied with the training—is used to provide the summary ESS result.

∑ The 2019 result for the summary question in the ESS did not maintain the high point achieved in 2018. However, the result of 89.5% is consistent with previous years andabove the average (89.0%).

∑ The 2019 result is also well above the 80% ACT Government’s key performance indicator requirement.

∑ Ten year ESS summary:

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

EQ12 87.9% 90.7% 91.8% 90.3% 89.2% 85.0% 87.5% 85.1% 87.4% 94.1% 89.5%


19



STUDENT OUTCOMES



TRIM Ref:


∑ The Learner Engagement Survey and Employer Satisfaction Survey tools were designed by the Australian Council for Educational Research (ACER) to collect feedback from students relating to learner engagement and employers relating to service satisfaction.

∑ CIT is committed to the increased use of the LES and ESS results to improve quality, the student experience and respond to industry.

∑ This is the first year using Survey Manager, the successful consortium in response to a survey tender: Gulanga (local indigenous ICT company) with Australian Survey Research.

∑ The 2019 results for both LES and ESS are currently being analysed with specialist survey software.

∑ Results will be available to CIT staff via interactive web dashboards (currently under development) and allowing comparisons to 2018 data.

∑ The LES format included personalised email invitation through survey software with online completion by respondents; small number completed paper-based; multiplelanguages offered (five translated at CIT; with eight additional available online through the survey tool).

∑ The LES high participation rate improves the statistical outcomes at College and often Department level.

∑ The ESS format was also online by personalised email invitation through survey software with CIT staff phoning employers who were did not respond; online response rate was similar to 2018 and required additional contact of employers by staff.

∑ The lower ESS responses mean results are likely to be viewed across CIT rather than at College and Department level.


20


TOPIC 9: UPDATE TO THE TRAINING AND ASSESSMENT REQUIREMENT FOR TEACHING STAFF



TRIM Ref:

ISSUE: CIT’s Alignment with New National Requirements for VET Trainers and Assessors

Talking points:

∑ All CIT teaching staff training and making assessment decisions met the new national requirements by 1 July 2019.

∑ The new national requirements for VET trainers and assessors applied from 1 July 2019.

∑ Considerable resources were directed internally at CIT to ensure teaching staff gained the required competencies.

∑ Approximately 200 CIT staff already met the new requirements.

∑ Approximately 450 staff needed training. This includes about 65 new starters who are working under supervision in 2019 while completing their Certificate IV in Training and Assessment TAE40116 (such staff do not make assessment decisions until they have gained their qualification).

Key Information

∑ The new national requirements were introduced in a 2017 amendment to the legislative instrument: Standards for Registered Training Organisations (2015).


∑ The legislative amendment required all VET trainers and assessors to have either the Certificate IV in Training and Assessment TAE40116 OR the previous Certificate IV in Training and Assessment TAE40110 and two additional competencies in assessment and Language, Literacy and Numeracy (LLN).

∑ The Australian Government extended the deadline for alignment with the new requirements from 1 April 2019 to 1 July 2019 in response to multiple requests from Registered Training Organisations (not including CIT).

Annual Report Hearings - Update to the Training and Assessment Requirement for Teaching Staff

21


TOPIC 9: UPDATE TO THE TRAINING AND ASSESSMENT REQUIREMENT FOR TEACHING STAFF



TRIM Ref:

∑ CIT conducted the training of all teaching staff who needed one or both competencies.

∑ CIT also completed training for over 50 Education Directorate teachers who deliver VET in colleges and schools.

Annual Report Hearings - Update to the Training and Assessment Requirement for Teaching Staff

22


TOPIC 10: STRATEGIC COMPASS PROJECTS

Cleared as complete and accurate: 05/11/2019Cleared by: Chief Executive Officer Ext: 73107Information Officer name: Cathy HudsonContact Officer name: Cathy Hudson Ext: 73527Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: CIT Strategic Compass Projects 2020

Talking points:

∑ CIT's Strategic Compass 2020 - Evolving Together was launched in August 2016, setting CIT’s new direction and priorities to 2020. Its goal is to further strengthen CIT’s position as a quality VET leader. The ACT Government committed an additional $8.1 million of National Partnership Funding to CIT to support the implementation of the Strategic Compass Projects to the end of 2017.

∑ The Board prioritised ongoing support for Strategic Compass project work in CIT’s Budget for 2018 and 2019 including a greater focus on the fourth pillar of the Strategic Compass: Transforming our Business –investing in our business for viability and value. This included increasing the investment in CIT’s staff, as part of a learning and growth organisation.

∑ As part of the work of the Evolving Together Project there has been a significant dispositional shift in the culture of CIT leaders and CIT staff more broadly who recognise the need to work differently to meet the training needs required for the future of work. This shift in culture to embrace collaboration and innovation and contemporary approaches to change, has been reinforced through the success of the Product Innovation Project undertaken in partnership with the Canberra Innovation Network (CBRIN).

∑ The outcomes from the implementation of the Strategic Compass 2020 –Evolving Together (including the nine projects) are bringing improvements for students, staff, industry and the community through enhanced teaching and learning, enhanced digital experiences, improved student experiences and expanded employer and industry partnerships.

Annual Report Hearings - Strategic Compass Projects

23


TOPIC 10: STRATEGIC COMPASS PROJECTS

Cleared as complete and accurate: 05/11/2019Cleared by: Chief Executive Officer Ext: 73107Information Officer name: Cathy HudsonContact Officer name: Cathy Hudson Ext: 73527Lead Directorate: Chief Minister, Treasury and


TRIM Ref:


∑ The projects are:

o Evolving Together o Digitalisation o Australian Apprenticeship II o Evolving Teacher o Innovative Learning Resources o Customer Experience Journey o Business Development and Industry o Product Innovation Project o Campus Renewal

Annual Report Hearings - Strategic Compass Projects

24


TOPIC 11: OUTPUT MEASURES

Cleared as complete and accurate: 30/10/2019Cleared by: Executive Director Ext: 78960Information Officer name:Contact Officer name: Andrew Whale Ext: 78960Lead Directorate: Chief Minister, Treasury and


TRIM Ref:

ISSUE: OUTPUT MEASURES (ACCOUNTABILITY INDICATORS)

Talking points:∑ CIT delivered 3.02 million nominal hours of Profile training to students in

the 2018 calendar year. This is an increase of 3.1% over 2017.

∑ The 2018 result was 93% of the target, 2017 result was 90% of the target. The target did reduce btween 2017 and 2018, but performance was also up in absolute terms.

∑ CIT’s qualitiative accountability indictors show that CIT continues to deliver a high standard of training that meets student and industry requirements.

Key Information

∑ CIT’s student numbers have continued to steadily grow since 2016.

∑ CIT’s existing accountability indicators are focussed solely on Profile training, and exclude training conducted under other schemes, e.g. Apprentices/Trainees, Skilled Capital, or Commercial students.

∑ These new funding streams and those associated quality standards constantly being adjusted at the Commonwealth Government level through bilateral agreements and the national regulator making it challenging for CIT to establish and set accountability indicators that better reflect the complexity of the VET funding and accreditation requirements.


∑ Accountability Indicator a) and b)i) - Nominal Hours and Program Completions at 2018 were lower than target due to the carry-over efects of low enrolments in 2017. Nevertheless, performance figures for 2018 reflect a continued year-on-year increase in students.

∑ Accountability Indicator b)ii) - Module pass rates were above target due to CIT’s continued focus on high-quality and relevant training and support for CIT’s students, as reflected in CIT’s 2018 Learner Engagement Survey results.

Annual Report Hearings - Output Measures (will cover accountability indicators)

25


TOPIC 11: OUTPUT MEASURES



TRIM Ref:

∑ Accountability Indicator b)iv) and v) - Learner engagement and employer satisfaction surveys were above target showing overall levels of satisfaction with the training of 89 and 94 per cent respectively, reflecting employers’ and students’ positive view oftheir experience of CIT training.

∑ Learner Satisfaction Rate results were based on the survey of students enrolled in nationally accredited programs. CIT has continued to improve its effectiveness and responsiveness in skilling students with contemporary training methods which have been positively received by industry and students alike.

∑ Accountability Indicator c) - Government Payment per Nominal Hour was greater than budget due to lower than budgeted Nominal Hours.

Annual Report Hearings - Output Measures (will cover accountability indicators)

26


TOPIC 12: CIT STAFFING NUMBERS



TRIM Ref:

ISSUE: CIT Staffing Numbers

Talking points:∑ Movements in staffing numbers in CIT are in response to the changing

demand for training in the ACT and region. CIT constantly adjusts staffing levels to meet these differing needs and the changing assessment requirements industry demands in the training packages.

∑ Between the 2017 and 2018 Annual Reports, there was an increase of 34.7 (5%) in average FTE and 74 (9%) in average headcount.

∑ Of the increase in headcount, 49 of the 74 were classified as VET Teachers (or 66% of the increase). This has increased the proportion of teachers in CIT’s total workforce.

∑ Non-teaching positions fluctuate in response to CIT’s requirements to meet new and changing culture and ACT Government policy, funding, monitoring and compliance requirements.

Key Information

∑ There was a headcount increase of 40 (22%) in casual employment and an increase of 14 (24%) in temporary part time employment. The use of casual and temporary part time employment provides CIT with the flexibility to respond to the changing training needs of the ACT and region.

∑ The CIT headcount increased from 846 (for payday 1 December 2017) to 920 (for payday 13 December 2018), which represents a 9% increase.

∑ Total average FTE increased from 693.9 in 2017 to 728.6 in 2018, which represents a 5% increase.


∑ Although the casual and temporary part time headcount increased significantly from 2017 to 2018 these employment groups still only represent a total of 31% (based on headcount) and 17% (based on FTE) of CIT’s total workforce.

∑ VET Teachers formed 54.6% of CIT’s workforce by headcount in 2017, and 55.5% in 2018.

Annual Report Hearings - CIT Staff Numbers

27


TOPIC 12: CIT STAFFING NUMBERS



TRIM Ref:

∑ Executives increased from three to seven, noting one of these counted in 2018 was on long-term leave before retiring.

∑ Calculations of headcount and FTE quoted in the Annual Report are based solely ondata for the first pay of December each year. CIT has a large number of casual teachers, roughly 30% of all employees active on the chris21 payroll system. As well as seasonal fluctuations (e.g. very low in January), there can be processing lags in submission, approval and processing of their time sheets, and thus their headcount and FTE can be highly variable.

Annual Report Hearings - CIT Staff Numbers

28


TOPIC 13: COURSE ENROLMENTS



TRIM Ref:

ISSUE: CIT COURSE ENROLMENTS

Talking points:∑ CIT and CIT Solutions provide training to just over 30,000 students

annually. In 2018 this included:

o 14,778 students enrolled in subsidised vocational programs;

o 9,360 students enrolled in commercial vocational programs (including 856 international students); and

o 6,400 students in adult and community education (ACE) programs.

∑ CIT’s student numbers have continued to increase in 2019. As at the end of September 2019, CIT and CIT Solutions had enrolled approximately 29,000 students for the year, up from approximately 27,800 for the same period in 2018 (a 4.2 per cent increase).

∑ Apprenticeships are a key area of growth, with 2018 apprentice numbers up 5.6% over the previous year.

Key Information

∑ In 2018 67.6 per cent of students were from the ACT, 18.5 per cent from NSW, 9.0 per cent came from other Australian states and territories, and 4.9 per cent from overseas.


∑ From 2014 to 2016 there was a steady decline in CIT (excluding CIT Solutions) Student Activity (nominal hours) numbers, with activity increasing again since 2017:

o 2014 - 5,672,390

o 2015 - 5,221,662

o 2016 - 4,535,844

o 2017 - 4,765,756

o 2018 - 4,892,427

Annual Report Hearings - Course Enrolments

29




TRIM Ref:

TOPIC 14: CIT FINANCIAL PERFORMANCE

ISSUE: CIT FINANCIAL PERFORMANCE

Talking points:

∑ In 2018 with increasing student demand, CIT continued to deliver quality government funded and commercial training maintaining high student and employer satisfaction rates.

∑ CIT continued to actively improve its responsiveness to customerexpectations and its effectiveness in skilling students using contemporarytraining methods, which have been positively received by industry andstudents alike, while continuing the focus on expenditure containmentand identifying opportunities for additional revenue to enable CIT to meetongoing student demand.

∑ In accordance with the Parliamentary Agreement for the 9th Legislative Assembly for the ACT, CIT’s ability to deliver quality training continued to be supported by the ACT Government.

Key Information

∑ The ACT Government provided appropriation funding for CIT of $71.8 million (66.6 per cent of total revenue).

∑ Total revenue was $107.6 million which $4.6 million (4.1 per cent) lower than the previous calendar year, primarily due to reduced international students as affected by regulatory changes to Visas and reduced degree activity reflecting difficulties being experienced by CIT’s partners.

∑ Total expenses of $120.5 million were $2.3 million (1.9 per cent) lower than budgetand $5.7 million (5.0 per cent) higher than the previous calendar year due primarily to increases in employee expenses including the effect of a $2.2m pay-rise for administrative and teaching staff and costs associated with facilitating increasing student numbers.

Annual Report Hearings - CIT Financial Performance

30




TRIM Ref:


Financial Information to Year Ended 31 December 2018Actual Budget Actual Variance Budget

2018 to Actual 2018Variance Actual 2017

to Actual 20182018 2018 2017$'000 $'000 $'000 $'000 % $'000 %

Controlled Recurrent Payments 71,779 71,779 70,023 - - (1,756) (2.51%)User Charges 33,743 34,770 32,807 1,027 2.95% (936) (2.85%)Government Grants 1,197 4,257 967 3,060 71.88% (230) (23.78%)Interest 327 300 398 (27) (9.00%) 71 17.84%Resources Free of Charge 105 35 156 (70) (200.00%) 51 32.69%Other Revenue 463 600 593 137 22.83% 130 21.92%Total Revenue 107,614 111,741 104,944 4,127 3.69% (2,670) (2.54%)Other Gains 23 500 2 477 95.40% (21) (1050.00%)Total Income 107,637 112,241 104,946 4,604 4.10% (2,691) (2.56%)Employee Expenses 66,235 65,558 60,650 (677) (1.03%) (5,585) (9.21%)Superannuation Expenses 8,942 9,764 8,601 822 8.42% (341) (3.96%)Supplies and Services 33,830 37,144 35,240 3,314 8.92% 1,410 4.00%Depreciation and Amortisation 9,077 8,695 8,715 (382) (4.39%) (362) (4.15%)Other Expenses 2,463 1,710 1,650 (753) (44.04%) (813) (49.27%)Total Expenses 120,547 122,871 114,856 2,324 1.89% (5,691) (4.95%)Operating Result (12,910) (10,630) (9,910) 2,280 (21.45%) 3,000 (30.27%)Increase in Asset Revaluation Surplus 20,377 - 20,377 100.00%Total Comprehensive Surplus/Deficit (12,910) (10,630) 10,467 2,280 (21.45%) 23,377 223.34%

Annual Report Hearings - CIT Financial Performance

31

Standing Committee on Public Accounts

Inquiry into Annual and Financial Rpeorts 2018-19

Monday 4 November 2019

Time Office Annual Report 2:00pm-3:00pm (1 hour)

Treasurer CMTEDD Portfolio - Treasury Revenue Management Financial Management Economic Management

3:00pm-4:00pm (1 hour)

Treasurer CMTEDD Portfolio – Treasury Superannuation Provision Account Territory Banking Account ACT Compulsory Third Party Insurance Regulator Office of the Nominal Defendant of the ACT

4:15pm-4:45pm (30 minutes)

Chief Minister CMTEDD Portfolio – Chief Minister Workforce, Capability and Governance State of the Service Report

Tuesday 5 November 2019

Time Office Annual Report 9.15am-10:00am (45 minutes)

Treasurer Icon Water Limited

10:00-10:30am (30 minutes)

Treasurer Independent Competition and Regulatory Commission

10:45-11:00am (15 minutes)

Treasurer Lifetime Care and Support Fund

11:00-11:30am (30 minutes)

Chief Minister CMTEDD Portfolio – Chief Minister ACT Executive Director of Territory Records

Briefs:

2019-20 Budget (Incorporating the 2018-19 Consolidated Outcome) ..................................................... 2

Territory Borrowing ........................................................................................................................ 4

Compulsory Third-Party Insurance/Motor Accident Injuries .................................................................. 5

Revenue........................................................................................................................................ 7

Workforce Capability and Governance ............................................................................................... 8

2018-19 State of the Service Report .................................................................................................. 9

Digital Records for Digital Government ............................................................................................ 10


2019-20 Budget (Incorporating the 2018-19 Consolidated Outcome)Talking points: Annual Report Ref: Vol: 1 Page: 87-88

2018-19 Outcome

• The 2018-19 audited outcome General Government Sector (GGS) Headline Net Operating Balance (HNOB) was a deficit of $118.6 million. This represents a variance of $162.4 million from the 2018-19 estimated outcome of a $43.8 million surplus.

o This variance is largely due to a number of non-cash impacts including expensing the relocation of underground utilities for Light Rail Stage 1.

o Transport Canberra and City Services Directorate received external advice of this change on 12 July 2019.

o This treatment does not change the overall cost of delivering Stage 1 of light rail – it only brings forward some of the costs.

• The movements driving the 2018-19 Outcome are one-off and do not affect the Government’s ability to continue providing high quality services to the Canberra community, or the underlying cash position of the ACT Budget.

• The Government fiscal strategy to balance the budget over the medium term remains on track and Standard & Poor’s reaffirmed the ACT’s AAA credit rating in August 2019.

• We still anticipate the HNOB to continue to improve over the forward years with a projected return of the property market. It is anticipated that the strong economic fundamentals of strong population growth, historic low interest rates, and recent changes to lending standards will improve confidence.

2019-20 Budget

• At the time of the 2019-20 Budget, economic growth as measured by Gross State Product (GSP) was expected to be 4¼ per cent in 2018-19.

o downward revisions to historical estimates of ACT final demand by the Australian Bureau of Statistics (ABS) are likely to be reflected in the GSP result, which is expected to be released by the ABS on 15 November 2019.

• Over the forward estimates period, growth is expected to be 3 per cent in 2019-20, 3¼ per cent in 2020-21, and then projected stabilise at a trend rate of 3½ per cent in 2021-22 and 2022-23.

These forecasts will be reviewed as part of the 2019-20 Budget Review process.

o The outlook for household consumption is positive, driven by high rates of population growth and new household formation, and despite current low real wages growth.

o Service exports are expected to continue to expand, with ongoing growth in international students and tourism in particular, though at a slower pace compared to recent very high growth rates.


o Housing construction activity is expected to reach record levels over the course of this financial year and next, before moderating to more normal levels from 2020-21 onward.

o Commonwealth Government expenditure on the National Disability Insurance Scheme, defence, and security are expected to support economic and employment growth going forward.

• Employment growth is forecast to pick up to 1½ per cent in 2019-20, following estimated growth of 1 per cent in 2018-19.

o Employment growth is then projected to return to its trend growth of 1¾ per cent in 2020-21, 2021-22 and 2022-13.

• The 2019-20 Budget forecasts that the headline net operating position will progressively return from a modest deficit position in 2019-20 to a strong surplus position in both 2021-22 and 2022-23.

• Net debt and net financial liabilities as a percentage of Gross State Product in 2019-20 have increased due to a change in the national accounting standards relating to leases, and an increase in borrowings to support capital initiatives in the 2019-20 Budget.

o Total Teritory gross debt increased by $411.6 million in 2019-20 as a result of the change in accounting standards.

• Net worth is forecast to be $17.5 billion at the end of 2019-20, broadly in line with the 2018-19 estimated outcome of $17.6 billion.

Contact Officer: David Nicol Cleared as complete and accurate: 30/10/19

Under Treasurer


Territory Borrowing Talking points: Annual Report Ref: Vol: 1 Page: 114

• Standard & Poor’s affirmed the ACT’s AAA (stable) credit rating on 29 August 2019.

• The AAA credit rating reflects the strong ACT economy, the Government’s strong financial management and exceptional liquidity coverage and containing the debt burden at a manageable level.

• Total Territory borrowings (excluding finance leases) increased by a net $951 million in 2018-19.

• The original 2018-19 budget did not estimate any new major borrowings in 2018-19. However, the Government undertook borrowings to take advantage of low interest rates and guarantee access to funds in the current uncertain financial environment.

• The Australian short term money market and the long term capital markets are being significantly impacted by major political and geopolitical risks, changes in central bank policies and a weaker global and Australian economic outlook. As a result, long-term Australian capital market interest rates continue to fall to records lows.

• In an environment of very low and volatile interest rates, the task of managing short term budget liquidity and raising capital funding is exposed to increased capacity and execution risks.

• As a result of these increasing risks, issuer liquidity balances has also become an increasingly critical focus for Standard & Poor’s in their credit ratings assessments.

• Recognising these risks and issues,and as a prudent response to this low and volatile interest rate environment, we transacted new short-term borrowings at the end of the financial year to increase our budget liquidity ($278 million) and issued new long-term fixed rate borrowings to pre-fund part of the 2019-20 estimated borrowing program ($675 million).

• Additional background:

Contact Officer: Stephen Miners Cleared as complete and accurate: 18/10/2019

Deputy Under Treasurer, Economic, Budget and Industrial Relations


Compulsory Third-Party Insurance/Motor Accident InjuriesTalking points: Annual Report Ref: Vol: 1 Page: 84, 302

• The Government introduced the Motor Accident Injuries Bill 2019 in March 2019. The Bill was based on the model chosen by the citizens’ jury on improving the Territory’s Compulsory Third-Party Insurance Scheme to best balance the interests of all road users.

• In finalising the Bill, the Government closely considered both the Standing Committee on Justice and Community Safety’s recommendations on the exposure draft of the Bill and community feedback. The majority report’s recommendations were agreed by the Government and reflected in the Bill.

• Draft regulations and draft key guidelines were developed and made available through the YourSay website prior to the debate of the Bill.

• The Motor Accident Injuries Bill 2019 was passed with amendments by the Legislative Assembly on 16 May 2019. The amendments further strengthened the new scheme and were consistent with the objectives set by the jury.

• The ACT’s Motor Accident Injuries Scheme will deliver improved coverage and better protect Canberrans from 1 February 2020. It will deliver the following improvements:

o everyone injured in a motor vehicle accident will receive up to five years treatment, care and income benefits, regardless of who was at fault. Approximately 40 per cent of injured people who currently can’t make a CTP claim will now be covered - about 600 more Canberrans per year.

o everyone will have earlier access to benefits after an accident. There will continue to be exclusions for serious criminal and driving offences, in line with other Australian jurisdictions.

o quality of life benefits, which provide compensation for non-financial loss, will be available for all people who meet injury thresholds.

o anyone whose injury was caused by someone else’s negligence and who is more seriously injured will still be able to access additional common law benefits.

• The new scheme will be regulated by a Territory authority called the Motor Accident Injuries Commission. With the change to a hybrid no-fault scheme, the role and functions of the new MAI Commission will increase in comparison to that of the existing CTP Regulator. The MAI Commissioner was appointed on 17 September 2019.

• The Government has been working through the implementation of the Motor Accident Injuries Scheme, including developing all the required instruments to support the commencement of the scheme.

• Consultations have occurred with the legal profession and insurers. Consultations commenced in July 2019. All feedback is being taken into account in finalising documents.

• Insurers are to shortly provide to the MAI Commission their premiums for the new scheme for approval. The parameters set by Government at the time of announcing the citizens’ jury was that the overall scheme design of any reform could not raise the cost of premiums.


• Since the announcement of the jury process, average CTP premiums for passenger vehicles have fallen from $555.20 to $516.75, a reduction of $38.45.

• From 18 November 2019 NRMA’s CTP passenger vehicle premium will be the lowest in the ACT, at $482.30.

Contact Officer: Lisa Holmes Cleared as complete and accurate: 18/10/2019

Executive Branch Manager, Financial Framework Management and Insurance, Economic and Financial Group


Revenue Talking points: Annual Report Ref: Vol: 1 Page: 92-93

• Debt levels (including rates) are above target. The increase in rates debt is predominantly from those who own multiple properties. The Revenue Office is focussing more effort on debt recovery, deploying several new strategies including SMS messaging, garnisheeing rental income and placing charges on title.

• Compliance revenue per inspector is above target.

• The Revenue Office is currently working to provide customers with online access to rates information including payment history and outstanding balance.

• The commercial valuation program this year resulted in uplifts to values in Mitchell (average increase 2.5 per cent) Barton (average increase 5 per cent), Deakin (average increase 3 per cent). Also, 41 properties in local centres were reviewed with an average increase in value of 5.2 per cent. Next year’s commercial valuation program will focus on properties in group centres.

• The land tax pilot for community housing providers has been modified with a new alternative income threshold and administrative simplifications. This follows consultation with community housing providers. There are ten properties currently receiving the exemption. We understand another provider is looking to join the pilot.

• There is currently a bill in the Assembly that addresses unintended consequences of land tax as it applies to vacant properties. The amendment provides an exemption from land tax for the quarter after a property receives its certificate of occupancy.

Contact Officer: Kim Salisbury Cleared as complete and accurate: 21/10/2019

Executive Group Manager, Office of the Commissioner, Revenue Management


Workforce Capability and GovernanceTalking points: Annual Report Ref: Vol: 1 Page: 36-39, 185

Review of the Public Interest Disclosure Act

• An independent review of the Public Interest Disclosure Act 2012 commenced in May 2019. A report from the review has been received and I will be making a Ministerial Statement in late November. Any amending legislation resulting from the review will be tabled in the Assembly before June 2020.

Enterprise Agreement Negotiations

• Enterprise Agreement negotiations are continuing, with 13 out of 18 Agreements having been finalised to date. New negotiations are commencing for a replacement Nursing and Midwifery Enterprise Agreement, as this Agreement had a shorter duration than the other Agreements.

Insecure Work Taskforce

• A Taskforce into Insecure Work and Outsourcing was established to review the use of casual and temporary employment and outsourced work in the ACTPS. The Taskforce will recommend certain insecure jobs for conversion to permanency. The Taskforce is currently reviewing the underlying employment data and developing policies for conversion. The Taskforce will shortly beging making recommendations for conversion.

Employment Programs

• The ACTPS runs a number of whole of government entry level employment programs including the Graduate Program and Vocational Employment Programs for Aboriginal and Torres Strait Islander People and People with Disability.

Contact Officer: Meredith Whitten Cleared as complete and accurate: 18/10/2019

Deputy Director-General, Workforce Capability and Governance


2018-19 State of the Service ReportTalking points: Annual Report Ref: State of the Service Report

• At June 2019, there were 23,208 employees in the ACT Public Service – an increase of 978 employees or 4.4 per cent from the previous year. Almost 80 per cent of the workforce were permanent employees.

• The Senior Executive Service made up 1.1 per cent of the ACTPS workforce (based on headcount of 255 at June 2019).

• 65.4 per cent of ACTPS employees and more than half of the Senior Executive workforce are women.

• During the 2018-19 reporting year, 368 complaints of bullying and harassment were made by employees against co-workers. This is consistent with last year and is reflective of the efforts made across Directorates in educating employees on both when and how to make reports about bullying and harassment.

• As in previous years, there is a significant difference in the number of reported experiences of bullying and harassment and the total number of reports of bullying and harassment resulting in a finding of bullying or harassment through a misconduct process. Most contacts regarding bullying and harassment are either resolved within the workplace without the need for further intervention or were found during a preliminary assessment to not involve behaviour that was considered bullying or harassment.

• 73 misconduct investigation were completed during 2018-19, with 66 investigations resulting in a finding of a breach of section 9 of the Public Sector Management Act (public sector conduct). Four Investigations were completed by external investigation services.

Contact Officer: Meredith Whitten Cleared as complete and accurate: 18/10/2019

Deputy Director-General, Workforce Capability and Governance


Digital Records for Digital GovernmentTalking points: Annual Report Ref: Vol: 1 Page: 349-53

• The Territory Records Office is the recordkeeping regulator and archives authority for the ACTPS. The Office sets standards and provides advice and guideance to agencies on recordkeeping practice, and assists members of the public to have access to ACT Government archives.

• A 2018-19 ongoing Budget initiative includes funding to increase the rate of ACT Public Service’s transition to digital recordkeeping. This initiative will also help public servants to transition to a ‘paper-lite’ office environment by providing advice on approaches to managing existing paper documents. This is a shared initiative between the TRO and Shared Services. The TRO received $1.1m over four years for its part of the initative.

• The TRO funding supports a small project team that is working to advise agencies as they prepare to move into new office accommodation. That team has conducted surveys for all relevant business areas and provided advice on appropriate management strategies. In addition, a senior project officer is currently finalising her report which will make recommendations on the future state of digital recordkeeping arrangements for the ACTPS.

Contact Officer: Danielle Wickman Cleared as complete and accurate: 15/10/2019

Executive Branch Manager and Director of Territory Records, Policy and Cabinet

Standing Committee on Economic Development and Tourism

Inquiry into Annual and Financial Rpeorts 2018-19

Monday 4 November 2019

Time Office Annual Report 9.15am-10.30am (1 hour 15 minutes)

Chief Minister CMTEDD Portfolio Government Policy Reform Coordinated Communication and Community Engagement Digital Strategy

10.45am-11.45am (1 hour)

Treasurer CMTEDD Portfolio Infrastructure Finance and Capital Works Venues

11.45am-12.15pm (30 minutes)

Minister for Trade, Industry and Investment

CMTEDD Portfolio Innovate, Trade and Investment

12.15pm-12.45pm (30 minutes)

Minister for Tourism and Special Events

CMTEDD Portfolio Visit Canberra Events

Briefs:

Wellbeing Indicators.............................................................................................................................. 2

Intergovernmental Relations .................................................................................................................. 3

Policy Reforms (Cannabis, Child Safe Standards, Evaluation) ....................................................................... 5

Social Inclusion ..................................................................................................................................... 7

Coordinated Communications and Engagement ........................................................................................ 8

Digital Strategy ................................................................................................................................... 10

Venues Canberra ................................................................................................................................ 11

Innovate, Trade and Investment............................................................................................................ 13

Strategic Projects ................................................................................................................................ 15

Tourism ............................................................................................................................................. 16

Major Events ...................................................................................................................................... 17


Wellbeing Indicators

Talking points: Annual Report Ref: Vol: 1 Page: 29,34,171,195

• The ACT Wellbeing Indicators will monitor progress across a broad range of areas that reflect the values of Canberrans and influence our quality of life, alongside the traditional economic and financial indicators typically considered. They will be used to not only to track our progress but to also make policy and investment decisions through the annual budget process.

• The ACT Wellbeing Indicators framework will be launched on Canberra Day 2020.

• The first stage of community, stakeholder and expert engagement was undertaken in July and August 2019 to develop draft indicators, activities included:

o four expert roundtables with around 100 community groups and peak bodies contributing ideas on possible wellbeing domains and indicators;

o a YourSay Community Panel wellbeing survey which received contributions from over 1200 Canberrans; and

o direct consultation with particular groups and bodies including the Aboriginal and Torres Strait Islander Elected Body, Youth Advisory Council, Multicultural Advisory Council and LGBTIQ+ Advisory Council, with further engagement proposed with segments of the population unlikely to engage through traditional channels;

• 12 draft wellbeing domains have been developed via a co-design process with all Directorates, based on analysis of the first phase of community engagement.

• The second phase of broad community engagement period will run from September to December 2019 and will test draft domain and indicator areas that were informed from the first phase of engagement, with the public and various stakeholder groups in the community.

• Further work is underway to develop the datasets and analytics needed to support the wellbeing framework.

• Given the whole-of-Government focus and work underway on wellbeing indicators, a proportion of funding from the former Healthly and Active Living (HAL) project (under the portfolio responsibility of the former Health and Wellbeing Minister’s ) was transferred to your portfolio in March 2019. The remaining of the funding from the HAL project $1.818 Million was provided back to the Health Directorate for various preventative health initatives.

• The funding allocated for the Wellbeing project is as follows;

2018-19 $56,000 2019-20 $360,000 2020-2021 $528,00 • Costs cover salaries, community engagement activities and expert advice on wellbeing.

Contact Officer: Leesa Croke Cleared as complete and accurate: 18/10/2019

Deputy Director-General, Policy and Cabinet


Intergovernmental Relations

Talking points: Annual Report Ref: Vol: 1 Page: 24,84,85

Council of Australian Governments (COAG) and Council for the Australian Federation (CAF)

• The COAG held its 46th general meeting on 12 December 2018 in Adelaide. Key issues on the COAG agenda included population planning and management, Closing the Gap, reforming Australia’s health system, reducing violence against women and their children, and ensuring the wellbeing of Australia’s young people with leaders agreeing to the Early Learning Reform Principles developed by the COAG Education Council and informed by the Lifting Our Game review.

• As 2018 Chair of the CAF, the ACT led important discussions and promoted joint advocacy among states and territories on these agenda items and other issues leading up to COAG, at a meeting also held on 12 December 2018.

ACT-NSW Memorandum of Understanding for Regional Collaboration

• In February 2019, First Ministers’ agencies from the ACT and NSW Governments commenced renegotitation of the ACT-NSW Memorandum of Understanding for Regional Collaboration (ACT-NSW MoU) for 2019-22. Subject to agreement of both Governments, it is anticipated the MoU will come into effect in the final quarter of 2019.

• The 2019-22 iteration of the MoU is a principles based arrangement, which sets out the shared objectives and commitments of both Governments to work together in the delivery of targeted services, infrastructure development, economic outcomes and the implementation of policy to improve the wellbeing of cross-border communities.

• The most significant adjustment to the MoU is the introduction of a revised governance approach which includes shared Priority Focus Area Plans, annual reporting on key milestones, and the introduction of Senior Officials Dialogue on Regional Collaboration.

ACT-CRJO Memorandum of Understanding

• The ACT Government has proactively established productive cross border regional engagement frameworks to progress ACT and Canberra Region priorities. The Canberra Region Joint Organisation (CRJO) is a strategically focussed regional governance group consisting primarily of the NSW local councils surrounding Canberra.

• In September 2018, the Chief Minister met with the CJRO re-sign the CBRJO-ACT MoU, reaffirming a shared commitment to work together and achieve the best outcomes for ACT and regional communities.

• In March 2019, the ACT and CRJO published the Prospectus for a Canberra Region Deal, calling on the NSW and Australian Governments to support and invest in the Canberra Region’s future.

Council of Capital City Lord Mayors (CCCLM)

• The CCCLM provides a platform for the effective co-ordination and representation of the special interests Australia’s capital cities.

• The Chief Minister was Chair of the CCCLM for the 2018 calendar year, during which time the CCCLM held an Australian Cities Forum at Parliament House, launching the CCCLM’s strategic


policy and advocacy platform and bringing together federal parliamentarians, local governments, industry and community representatives to discuss the challenges and opportunities facing Australia’s capital cities.

• In 2019, the CCCLM has committed to a strong Housing & Homelessness advocacy agenda, which continues to be progressed.




Policy Reforms (Cannabis, Child Safe Standards, Evaluation)

Talking points: Annual Report Ref: Vol: 1 Page: 34

Cannabis

• CMTEDD co-ordinated whole of Government work on changes to the Drugs of Dependence Act, prompted by a Private Members Bill to legalise personal possession of small amounts of cannabis.

• The Bill was passed with a range of Government amendments in September 2019. The Bill created an exception from offences for possession and cultivation of small amounts of cannabis for adults and added a number of new offences intended to safeguard the community.

• The changes are part of the Governments’s efforts to reduce the harms caused by drugs in our community, by responding to illicit drug use as a health issue, rather than a justice issue. The Government does not condone or encourage the use of cannabis, but considers these reforms are a sensible evolution of current laws that will better respond to the issue of cannabis use in our community.

Child Abuse Royal Commission

• ACT Government will release the second annual progress report on implementation of Royal Commission recommendations in December 2019. Policy reforms in the past year (by ACT Government as well as independent authorities):

o Failure to Report offence commenced on 1 September 2019; o Reportable Conduct scheme expanded to includes religious organisations; o Ministers of religious and clergy were brought within the mandatory reporting scheme in

September 2019; o Health Directorate received funding for two staff to implement health related

recommendations; o DPP issued new guidelines on Decisions to Discontinue Prosecutions – Victims’ Right of

Review in September 2019; and o Witness intermediary scheme will commence in 2020.

Child Safe Standards

• ACT Government has decided to fully implement Royal Commission recommendations to regulate Child Safe Standards, and appoint independent oversight.

• Organisations working with children and young people will be required to use the Standards to make continuous improvements to child safety. The Standards provide practical guidance to organisations on how to create safe environments (eg. explaining how to make improvements to their governance systems, and empower children and young people in their care).

• The scheme will focus on long term capacity building, rather than fixed rules and penalties. Organisations will receive training, tools and support from the oversight body which will be located within the Human Rights Commission.

• Community consultation on the design of the scheme will commence the week of these annual report hearings (and continue for an extended four month period due to the summer break).


Policy Design and Evaluation Team

• The Policy Design and Evaluation Team is a new function in CMTEDD to shape and lead key government initiatives to improve policy design and evaluation across the ACT Public Service.

• This new team is part of a strategy to embed a culture of learning, evidence and evaluation into how the ACT designs and delivers policy and programs. The team will embed evaluative thinking in the ACT’s policy design process and build the capability of the ACT Public Service to plan, design and undertake evaluations. The team will lead and undertake priority evaluations on whole of government and cross-government initiatives, and work with key stakeholders on approaches to measure and continually improve their impact, particularly for programs with shared outcomes.




Social Inclusion

Talking points: Annual Report Ref: Vol: 1 Page: 34,41,184,192,194,195

• In the reporting period, the Office for LGBTIQ+ Affairs, working across government and with the community, developed Canberra’s first LGBTIQ+ inclusion strategy Capital of Equality, setting out how we will continue to grow as Australia’s most LGBTIQ+ welcoming and inclusive city.

• The four-year strategy seeks to ensure that LGBTIQ+ people, their families and communities are visible, valued and respected, and that the ACT has LGBTIQ+ inclusive and competent government services.

• The Office worked in conjunction with Justice and Community Safety Directorate on amendments to the Discrimination Act to ensure greater protections for vulnerable students, teachers and staff in our schools; commissioned an independent audit of ACT laws to identify any remaining areas of discrimination against LGBTIQ+ people; and established a new program to deliver specialist, peer-led services for LGBTIQ communities, individuals, their families and allies.

• In the reporting period, Hands Across Canberra through the Chief Minister’s Charitable Fund Grants Program shared more than $400 000 across 29 local charity organisations delivering innovative and inclusive programs in the Canberra region.

• The grants program is aimed at addressing the needs of vulnerable people by supporting and working with charitable organisations and social enterprises.

• The wide range of beneficiaries of the Chief Minister’s Charitable Fund includes Aboriginal and Torres Strait Islander people; children and young people; LGBTIQ+ community members; detainees, parents from culturally and linguistically diverse backgrounds and people with disabilities.




Coordinated Communications and Engagement


YourSay Community Panel

• The government is committed to ensuring the voices of a diverse range of Canberrans are heard in the development of policies, programs and services. The new YourSay Community Panel (www.yoursaypanel.act.gov.au) provides Canberrans with another opportunity to have their say.

• Launched on 1 July, the Panel now has more than 2600 members, with a target of 3,000 in the first year. Panel membership is already broadly corresponding with the demographics of the Canberra community. Including membership of 16-17 year olds at 1% of the population (and the Panel).

• The Panel has already helped inform the early development of the Wellbeing Indicators and Framework, its given feedback on the Wintervention event which will help strengthen it for next year.

• Panel members have also helped government know how best to keep it informed about the new Motor Accident Insurance Scheme and is helping to improve content on government websites. Results of recent surveys have been published back to the Panel.

• The total value of the contract with provider Vision Critical (now Potentiate) over three years is up to $660,600. This includes platform subscription and an allowance for provision of research services if required.

• The government continues to hear from Canberrans through the YourSay Community Conversations website (www.yoursay.act.gov.au) which is open to any Canberran who wishes to give feedback on government projects.

• It had more than 100,000 visitors in 2018-19, a 20% increase in visitation from the year prior.

• More than 6,000 people signed up to receive the YourSay e-newsletter.

Our Canberra

• The government has continued to ensure the ensure the community is well informed on ACT Government policies, programs and services, with latest research showing 72% of Canberrans feel well informed.

• Our Canberra is one of the key ways government keeps Canberrans informed about local services, their entitlements, their obligations and how they can participate decision-making.

• 11 editions of our Canberra were delivered to around 190,000 Canberra households and a monthly digital newsletter with more than 51,000 subscribers.

• The monthly cost of Our Canberra print is approximately $54,000. This includes $23,000 for printing, and $31,000 for delivery by Australia Post.

• Costs are gradually increasing with an increase in the number of households it is delivered to.

• There are also additional costs when Our Canberra includes extra material, for example the inclusion of the Bushfire Survival Plan in the November 2019 edition.


Public information campaigns

• CMTEDD Communications & Engagement supported delivery of a range of priority ACT Government engagements and public information campaigns, including the Territory’s first LGBTIQ+ inclusion strategy and Gambling Harm Awareness Week.

• CMTEDD Communications supported the introduction of the ACT’s mammal emblem, the Southern Brush-tailed Rock-wallaby and continues to support many of the important protocol matters that come with First Minister portfolio.

• Access Canberra continues to make it easier for Canberrans to do their life admin online. Communication activities were supported to encourage Canberrans to take advantage of the more than 400 online services and transactions.

Contact Officer: Anita Perkins Cleared as complete and accurate: 18/10/2019

Executive Group Manager, Communications & Engagement


Digital Strategy


• The Office of the Chief Digital Officer (OCDO) supports directorates to use technology to deliver better citizen and business interactions with government, improve government business processes, and make better decisions based on data.

• The OCDO support and champion the use of contemporary methodologies such as co-design to ensure that the perspectives of all involved in, or affected by, digital transformation are heard.

• The Office, through the Digital Services Governance Committee (DSGC), provided expert advice to Budget Committee of Cabinet (BCC) on budget proposals with a digital/ICT component, to assist with more strategic digital investment decisions.

• The OCDO manages the ACT Digital Account, which provides the foundation for citizens to personalize and customize how they receive services from across government. More than 7,400 people created a digital account in 2018-19 (now more than 11,000 since its 31 May 2018 release) to access existing services that include applying for Rental Bond Help, transferring a traffic infringement, and the ACT Diversity Register.

• ACT Digital (previously iConnect) received funding in the 2019-20 ACT Budget ($7.5m expense) to maintain the ACT digital account and existing services over four years. In addition, funding was allocated for 2019-20 ($7.3m capital) to deliver more digital services that reflect reforms to the Working with Vulnerable People scheme and to explore ways to make it easier for people to prove their eligibility for a range of concessions.

• During 2018/19 the ACT Data Analytics Centre within the OCDO established an ACT Government-wide scalable data analytics platform and embarked on nine (9) Data Analytics Projects aimed at applying data insights into policy and practice, while building staff data analysis capabilities.

• The Office is currently refreshing the ACT Government Digital Strategy, with key chapters of Community-Centred Services, Valuing and Protecting Data, City Planning by Design and Strategic Relationships.

• Community feedback is being sought for a second time on the Strategy through a YourSay Consultation (Your Digital Territory).

• The Office support government transparency through the release of Open Data and participate each year in the annual community open data hackathon, GovHack.

Contact Officer: David Colussi Cleared as complete and accurate: 17/10/2019

Executive Branch Manager, Digital Experience, Office of the Chief Digital Officer


Venues Canberra

Talking points: Annual Report Ref: Vol: 2.1 Page: 208-210

Number of Major Events by Venue 2018/19

• The number of major events at GIO Stadium, Manuka Oval and Exhibition Park in Canberra exceeded original targets. Stromlo Forest Park was one below the target due to the cancellation of one major booked event by the hirer.

Number of Major events at: Original Target Actual Result % Variance GIO Stadium 20 21 5% Manuka Oval 5 11 120% Stromlo Forest Park 10 9 -10% Exhibition Park in Canberra 85 124 46%

• GIO Stadium hosted the Keith Urban concert in January 2019 and the Brumbies were also successful in securing a home quarter final in June 2019. This was offset by the Raiders moving one home game interstate. Manuka Oval secured six additional events that were unknown at the time of budget. This included a women’s AFL game, a women’s T20 match and four additional men’s cricket matches.

• With ongoing marketing to attract new and return events EPIC secured additional bokkings following the preparation of the budget. This included a number of large events such as Groovin’ the Moo; the Showroom; Home Renovation and Building Show; and the Australian Local Government Association Gala Dinner.

Venues Canberra – Own Source Revenue by Venue 2018/19

• Own source revenue at Manuka Oval and Exhibition Park in Canberra exceeded original targets.

• The increase in own source revenue at Manuka Oval is associated with an increase in catering and ticketing revenue due to additional events.

• An increase in the number of events hosted at EPIC and an increase in camping resulted in an increase in own source revenue.

• GIO Stadium was 10% below the original target due to ongoing decline in attendance at Brumbies events and removal of one Raiders regular season match resulting in a decreased catering and corporate sales.

• Venues Canberra continues to work with event organisers to increase the number of events at all venues.

• Major events at Stromlo Forest Park are national or international events.

• Events with over 500 patrons are considered “major” for the purposes of Exhibition Park in Canberra.

Own Source Revenue at: Original Target Actual Result % Variance GIO Stadium $3.0 million $2.7 million -10% Manuka Oval $360,000 $595,000 65% Exhibition Park in Canberra $3.5 million $4.4 million 28%


• Own source revenue at GIO Stadium and Manuka Oval is measured as gross profit, that is, revenue less expenses incurred in conducting events and is based on pre-existing venue hire agreements.

• Own source revenue at Exhibition Park in Canberra is measured as gross revenue.

National Arboretum Canberra – Level of Customer Satisfaction

• The level of customer satisfaction at the National Arboretum Canberra is the accountability indicator.

• The target for 2018-19 was 85%. The actual result for 2018-19 for customer satisfaction was 95%.

• The results of the survey indicate that visitors strongly value the National Arboretum Canberra as a beautiful, natural place to visit and a place for the conservation of rare and endangered trees. It is valued as an important tourist attraction for Canberra.

• The survey is undertaken using Qualitix software and responses are online or via an iPad in the Arboretum’s Village Centre.

• The survey also captures likelihood of recommending it as a place to visit, most liked elements and suggested improvements. It also provides information on the demographics of visitors to the Arboretum.

Contact Officer: Shaun Strachan Cleared as complete and accurate: 15/10/2019

Deputy Under-Treasurer, Commercial Services and Infrastructure


Innovate, Trade and Investment

Talking points: Annual Report Ref: Vol: 1 Page: 62-66

• The ACT Government is focused on creating the right business environment and using our competitive strengths to accelerate innovation and investment in Canberra. The Government will continue to work with Canberra’s business community and university sector to create a city with its own distinct economic identify for the future.

Priority Sectors

• The 2017-18 Budget committed $1.2 million over four years to defence and local industry advocacy.

• Highlights from 2018-19 include: o Establishing a Memorandum of Understanding with the Australian Space Agency to

further develop the Canberra region space industry; o Delivering a Defence, Cyber, Space student-industry STEM skills connect event, facilitating

connections between 20+ companies and approximately 100 STEM students; o Appointed a full-time dedicated Manager to the AustCyber Canberra Node to support the

growth of the local cyber security sector.

Investment Attractions and Facilitation

o In the 2018-19 Budget the ACT Government allocated $9.75 million over 3 years for the Priority Investment Program. In the first round $5.2 million was awarded through a competitive grant round to proposals that will catalyse the development of the space, argi-technology, renewable energy and cyber security sectors.

o In 2018-19 III responded to 30 investment leads, meeting the accountability indicator target for the year. Investment leads were dominated by Agritech and Foodtech, Renewable Energy and Cleantech and ICT sectors. The top global markets of interest in the ACT included USA, Canada, China, Japan, India and Singapore which coincide with the International Engagement Strategy key international markets.

o In 2018-19 III hosted two significant inbound delegations of international investors:

o an Agritech mission featuring the Centre for Entrepreneurial Agri-Technology The mission hosted 15 international visitors from private and public sectors and provided valuable opportunity to establish networks and demonstrate the ACT’s leading capabilities in the Agri-Tech sector.

o VisitCanberra and the City Renewal Authority, featuring investment opportunities and site visits. Delegates included senior representatives from major global hotel brands and developers and provided valuable connections. There is already one potential investor undertaking an advanced interest and progress toward a potential development in the ACT.


Innovation

Canberra Innovation Network

o In 2018-19 , CBRIN began delivering the Innovation Connect grants program in partnership with the ACT Government. This small but successful Program has been run inside the ACT Government since inception in 2008. The move to CBRIN is about bringing more of the innovation program levers together under CBRIN’s management to maximise system synergies. The third round of Innovation Connect under this arrangement was held recently.

CBRfree

o CBRfree is an important and successful initiative to address digital disadvantage, by providing all Canberrans and visitors to Canberra with widespread, free, safe access to WiFi internet services. It is used by around 30,000 people per month.

o CBRfree is the only free, public WiFi offering that has a widespread footprint outside the Central Business District.

5G

o A whole-of-government approach was developed in 2018-19 to identify policy and regulatory roadblocks to the implementation of 5G and seek to encourage the roll out in a manner that helps develop Canberra as a digital city; encourages economic development; takes account of social equity and citizen privacy; and provides for market competition and consumer choice.

Screen Canberra

o In 2018-19, the Government provided Screen Canberra with $368,000 in support of its core operational expenses. The ACT Government established a $5 million CBR Screen Fund which commenced 1 July 2018 and expires 30 June 2025 and was placed under the management of Screen Canberra.

Trade and Export

o The Office of the Commissioner for International Engagement delivered five Chief Minister international delegations to priority international markets including Singapore, Seoul, Japan, New Zealand, Hong Kong and China.

o The ACT Government has built a collaborative relationship with Austrade during 2018/19 to provide trade development services to Canberra companies from 2019/20 including:

o The TradeStart Program – a TradeStart Advisor who will work directly with eligible Canberra firms to assist them to grow their exports into new and established markets, leveraging Austrade’s international network, resources and programs.

o An ACT Business Development Manager based in Singapore - our first overseas based trade and investment specialist, located in the Austrade office in Singapore to promote ACT exporting capabilities into South East Asian markets.

Contact Officer: Kareena Arthy Cleared as complete and accurate: 22/10/2019

Deputy Director-General, Economic Development


Strategic Projects


University Of New South Wales (UNSW) Canberra City Campus proposal • UNSW submitted a formal proposal on 11 October 2019 and the ACT Government is currently

working through the detail and the benefits it would bring to the Territory. • If the project proceeds, there will be appropriate opportunities for stakeholder and community

consultation during planning and development approval stages. • UNSW’s proposal offers a unique opportunity to secure the long term presence of a second

“Group of Eight” university in the ACT, strengthening Canberra’s reputation as the knowledge capital.

Canberra Technology Park, including AIE proposal • In April 2019, after extensive community consultation in 2018, the ACT Government

announced three key decisions about the future of Canberra Technology Park: o to demolish and remediate the buildings on the site, prior to the sale of land; o to retain responsibility for public green space; and o to enter into negotiations with the AIE for a direct sale of part of the site.

• Negotiations with AIE are underway, and once concluded the community will be updated on the outcome and on next steps for implementation.

Future Location of Reid CIT - Woden site options analysis • In line with the Government’s announcement in June 2019, an independent consultant, Urbis

was engaged to investigate site options in the Woden Town Centre to help inform a decision on the best future location for Reid CIT, including:

o their potential suitability to meet the Government’s objectives and fulfil the future requirements of a modern new CIT campus;

o the likely cost implications, benefits and limitations of each suitable site; and o how sites in Woden Town Centre compare to the current site in Reid.

• Canberra is changing and CIT is part of that transformation. CIT could become part of the revitalisation of the Woden Town Centre, which is being supported by the ongoing investment in light rail and the Canberra Hospital, funding to redevelop the Woden Bus Interchange and planning for a new Woden community centre.

Aquis Entertainment – Casino Redevelopment • On 11 December 2018 the ACT Government decided the unsolicited proposal by Aquis

Entertainment to redevelop the casino precinct could not proceed in its current form. Aquis was invited to consider alternatives to progress a smaller scale casino redevelopment and the ACT Government remains open to further discussions.




Tourism


• Current State Tourism Satellite Accounts (State TSA) show Tourism's total contribution to theACT's Gross State Product (GSP) for 2017-2018 was estimated to be $2.44 billion, andsupported an estimated 19,300 jobs. Tourism’s contribution to the ACT’s GSP grew 10.5 percent between 2016-17 and 2017-18, the highest nationally and ahead of the national averageof 6.5 per cent.

• Domestic visitation to Canberra for the year ending June 2019 show grew by 14.8 per cent.International visitation to Canberra grew by 7.1 per cent in the year ending June 2019. Thetotal combined value of domestic and international overnight expenditure now sits at $2.47 billion as at year ending June 2019.

• In 2018-19, an economic benefit of $134.4 million was achieved through the Major Event Fund$1 million investment, with five completed events during this period delivering a combinedattendance of 727,990.

• VisitCanberra’s digital owned channels achieved the following results in 2018-19;o Visitcanberra.com.au had 2 million visitors across the year; VisitCanberra Facebook grew

by 9 per cent to reach 258,106 followers; Twitter grew by 4 per cent to reach 24,314 followers; and Instagram grew by 21 per cent to reach 56,730 followers.

• The directorate exceeded all three 2018-19 accountability indicators against this output;o Canberra and Region Visitors Centre visitor satisfaction rate for customer service levels of

98.4% (target 87%); ACT Accommodation Room Occupancy Rate – was 77.7% (target74.2%); Number of visits to the ‘visitcanberra’ website – there were almost 2,000,000 visits to the visitcanberra.com.au (target 1,300,000 visits).




Major Events


Floriade 2018 and 2019

o Floriade 2018 generated $38.6 million in economic impact, an increase of $1.2 million on 2017.

o Floriade 2018 attracted 480,540 attendees – the second highest attendance on record. o Floriade 2018 and NightFest were delivered within budget ($4.2 million and $0.600 million

respectively). o Floriade 2019 attracted 507,550 attendees – the highest attendance on record. This

includes 24,451 attendees to NightFest over four nights.

Enlighten 2019

o Enlighten 2019 delivered $5.46 million in economic impact, an increase of $0.600 million on 2018 and exceeding the $3.0 million accountability indicator by 82 per cent.

o Enlighten attracted 328,087 attendees – the largest on record for the event. o Enlighten 2019 was delivered on budget – $1.2 million.

FYI Canberra

• The development of the new winter festival is well underway. The name of the new festival is FYI Canberra.

• FYI Canberra will be delivered in winter 2020, focussing on promoting Canberra’s strengths in innovation, design, culture, coding and gaming.

• $1.85 million has been allocated over three years (2019-20 to 2021-22) to deliver FYI Canberra.

• A dedicated team has been established within Events ACT to deliver the planning, organisation and marketing of FYI Canberra.



3.1

ISSUE: CHILD SAFE STANDARDS

Talking points:

• The ACT Government has agreed in principle to Royal Commission recommendations to regulate Child Safe Standards and appoint independent oversight.

• Organisations working with children and young people will be required to use the Standards to make continuous improvements to child safety.

• The Standards provide practical guidance to organisations on how to create safe environments (eg. improving governance systems, and empowering children and young people in their care).

• The scheme will focus on long term capacity building, rather than prescriptive rules and penalties. Implementation will focus on training, tools and support from the oversight body which is expected to be located within the Human Rights Commission.

• Community consultation on the design of the scheme will commence shortly and continue for an extended four-month period due to the summer break.

Key Information

• Organisations working with children and young people will need to comply with Child Safe Standards.

• Oversight functions are expected to be fulfilled by the Human Rights Commission, although the specifics of this arrangement have not been determined.

• The detailed design of the scheme will be developed in early 2020, and a Bill is expectd to be introduced in the Assembly in mid-2020.

• From November to February, the community has opportunity to provide input to the following four questions (which are subject to finalisation):

o Scope of the scheme (which organisations should be included);

o Types of support to be provided by the oversight body, to assist organisations to comply with the Standards;

o What monitoring and enforcement powers should be given to the oversight body; and

o How best to stage commencement of the scheme so that organisations have time to prepare.

3.1

Why are Child Safe Standards needed on top of Working with Vulnerable People Checks and Reportable Conduct?

• WWVP and RC require people to report known incidents of abuse, and prevent known perpetrators from working with children. In contrast, CSS places the emphasis on early prevention; they help organisations prevent abuse from occurring in the first place.

What will the impact on organisations be?

• The scheme will be designed to promote child safety while minimising the burden on organisations.

• There is no ‘one size fits all’ approach to implementing the Standards. Organisations will have flexibility to comply in ways that make sense in their context (considering their size, the nature of their interactions with children, and the administrative resources available to them).

• The Standards encourage continuous improvement over time, not immediate leaps in progress.

• Organisations will not be expected to build things from scratch. ACT and federal oversight bodies will provide guidance material, tools and resources, training sessions, telephone and email support.

• While compliance will require work, the Standards also present opportunities for small business:

o Investment in prevention is cost effective, as it mitigated exposure to the costs of investigations following incidents; and

o Businesses that comply with the Standards are becoming providers of choice as parents increasingly ask about child safety when making purchasing decisions.


• If organisations wish to start thinking about what Child Safe Standards means for them, the website of the National Principles for Child Safe Organisations (https://childsafe.humanrights.gov.au) contains free tools and resources, including videos, self-assessment checklists, online training modules, and sample policy documents.

3.2

ISSUE: REPORTABLE CONDUCT AND FUNDING ISSUES

Talking points:

• The ACT’s Reportable Conduct Scheme has been in place since 1 July 2017. It provides independent oversight, through the ACT Ombudsman, of the way Canberra’s workplaces investigate and handle allegations of misconduct involving children.

• Reportable Conduct refers to certain types of misconduct involving children, including ill treatment, neglect, sexual misconduct, and certain types of criminal behaviour.

• The Scheme was introduced as part of the Government’s response to the Royal Commission into Institutional Responses to Child Sexual Abuse.

• Entities subject to the scheme include all government and non-government schools, all ACT Government Directorates, providers of childcare services, health services, out-of-home care services and religious organisations providing care or instruction to children.

• The ACT Ombudsman releases public reports about the number of reportable conduct notifications received. The 2018-19 annual report (available on the ACT Ombudsman’s website), shows a 23% increase in the number of notifications received over the previous financial year (which is attributed to growing awareness of the scheme).

• From 1 July 2018, the Scheme was expanded to include religious institutions providing pastoral care and religious instruction. This generated nine additional notifications of reportable conduct to the Ombudsman.

Why does the funding drop to zero after 2019-20 according to the Safer Families Levy initiative in 2019-20 Budget ?

• This does not signal an intention to reduce funding for the Reportable Conduct Scheme.

• The 2019-20 Budget continues funding for the Reportable Conduct Scheme, which has not been funded solely through the Safer Families Package.

3.2

• The ACT Government is committed to the continuation of the reportable conduct scheme, and future resourcing will be considered as part of the 2020-21 Budget process.

Key Information

• The total funding for the Reportable Conduct Scheme in 2019-20 was $854,000, of which $293,000 was from the Safer Families Package.

• The total funding currently allocated to the ACT Ombudsman for operating the scheme over the four years 2016-17 to 2019-20 is $3.057 million.

3.3

ISSUE: Digital Records for Digital Government

Talking points:

• The Territory Records Office is the recordkeeping regulator and archives authority for the ACTPS. The Office sets standards and provides advice and guideance to agencies on recordkeeping practice, and assists members of the public to have access to ACT Government archives.

• A 2018-19 ongoing Budget initiative includes funding to increase the rate of ACT Public Service’s transition to digital recordkeeping. This initiative will also help public servants to transition to a ‘paper-lite’ office environment by providing advice on approaches to managing existing paper documents. This is a shared initiative between the TRO and Shared Services. The TRO received $1.1m over four years for its part of the initative.

• The TRO funding supports a small project team that is working to advise agencies as they prepare to move into new office accommodation. That team has conducted surveys for relevant business areas and provided advice on appropriate management strategies. In addition, a senior project officer is currently finalising her report which will make recommendations on the future state of digital recordkeeping arrangements for the ACTPS

• A key requirement of the Territory Records Act 2002 is that principal officers of agencies ensure that full and accurate records are kept of agency activities. Agencies must also ensure the safekeeping and proper preservation of their records.

• The Territory Records Office takes an educative approach to its work with agencies to assist them in their compliance with the Act. The TRO provides a range of advice products and services, and works with agencies to develop records management policies and procedures that support compliance.

Key Information

• Total funding for the Digital Records budget initiative is $26.2m over four years.

• Of this, $22.1m will be offset by expected savings in agencies and by centralising some existing agency funding in Shared Services.

3.3

• New funding of $4.1m over four years consists of:

o $0.9m for Shared Services to increase the rate of the rollout of digital recordkeeping, including enhanced support for business areas transitioning to the new system

o $0.2m for the Territory Records Office to develop a long-term strategy for integrated digital recordkeeping across government

o $0.9m for the Territory Records Office to assist agencies to address legacy paper records issues

o $2.1m for Community Services Directorate to digitise existing Community Services files.

• The additional FTE for the lead agencies is:

2018-19 2019-20 2020-21 2021-22

Territory Records Office 2.5 4.5 2 0

Shared Services 0.5 1 1 1

Community Services Directorate 4 3.5 3 0

• The Territory Records Office’s ongoing funding is through a combination of direct appropriation and recoveries from Directorates. The TRO’s budget for 2017-18, prior to the additional budget funding was $0.9m.


• The ACTPS currently uses two electronic document and records management systems (EDRMS): MicroFocus Content Manager (often known as TRIM); and Objective.

• The TRO’s current project builds on the investments made in both systems. It also includes funding for the development of a future strategy that would consolidate ACTPS recordkeeping capability by determining the most effective and economical way of achieving full interoperability between the two EDRMS and other business systems used by government.

o

3.4

ISSUE: THE OFFICE FOR LGBTIQ AFFAIRS

Talking points:

• The Office for LGBTIQ+ Affairs (the Office) was established in January 2017 to coordinate and support strategic government projects and policy to promote Canberra as the most LGBTIQ+ welcoming and inclusive city in Australia.

• The Office plays a critical role in progressing the Government’s social inclusion agenda, ensuring lesbian, gay, bisexual, transgender, intersex and queer Canberrans and their allies are:

o safe to participate in our community; o able to access the services they need; and o valued for their achievements and contributions to the life of the

city.

• During the reporting period, the Office worked across government and the community to develop Canberra’s first LGBTIQ+ inclusion strategy, Capital of Equality, and an action plan which explains the changes the government wants to make by 2020 to improve the lives of LGBTIQ+ Canberrans.

• The Office also provided secretariat support to the ACT LGBTIQ+ Ministerial Advisory Council and worked closely with the Council on priority issues for the ACT’s LGBTIQ+ community.

• Looking forward, the Office will oversee the implementation of the LGBTIQ+ strategy for Canberra and the first action plan.

Key Information

• The Office’s total budget:

o for 2017-18 was $340,000;

o for 2018-19 was $637,000;

o for 2019-20 is $704,000; and

o for the five years from 2017-22 is $2.934m.

• The Office currently consists of one permanent SOG B and one permanent ASO 6.

• The Office has ongoing funding ($75,000 p/a) to fund a part time SOG C to work specifically on issues relating to the transgender and intersex communities, and $100,000 to fund a community LGBTIQ grants program.

3.4

o Advertising for the SOG C policy officer will commence shortly. The Office intends to undertake appropriate, targeted recruitment to find the right person for the role.

o The first round of grants was funded in 2019 to deliver 10 projects across Canberra.

• Apart from the provision of secretariat support to the Council, some of the Office’s key activities include:

o Managing the contract for the provision of services to members of the LGBTIQ+ community by a Consortium of community organisations, this function having been transferred from the Community Services Directorate;

o Developing legislative models for conversion ‘therapy’ laws in the ACT context;

o Providing support to major community events, such as SpringOut and its Fair Day; and

o Coordinating and providing input into directorate policy development on key issues affecting the community.

• Religious freedoms and discrimination

o Amendments to the Discrimination Act came into force at the start of school term 2 (Monday 29 April 2019).

o The previous exceptions in the Discrimination Act that could have enabled religious schools to discriminate against teachers and students based on their sexuality, gender identity or intersex status were out of step with community values.

o The government amended this legislation to bring in a more limited exception. It is now the case that schools may only discriminate based on religious conviction – to ensure preference can be given to students and teachers of the religion being taught at a school.

o Limiting the right of religious schools to discriminate promotes the right to equality, and the right that children have care and protection during their education.

o As a community we all have a role in preventing the serious harm that discrimination can cause to vulnerable young people and families.

o The recently released Capital of Equality LGBTIQ+ Strategy, and the action plan that sits beneath, lay out the government’s plan to continue to improve legislation, policies and processes in the Territory.

3.4


• Through the 2019 Budget, the ACT Health Directorate was allocated new resources ($87,000 in 2019-20) to undertake a scoping study on how our health services can support better health and wellbeing for LGBTIQ people through tailored and appropriate service delivery. The scoping study is expected to commence in late 2020.

3.5

ISSUE: CANBERRA REGION JOINT ORGANISATION (CRJO)

Talking points:

• On 14 September 2018, the ACT Chief Minister and Canberra Region Joint Organisation (CRJO) Chair re-signed the ACT-CRJO Memorandum of Understanding (MoU), which:

o facilitates engagement with our surrounding region; o supports a forum for regional cooperation and resource sharing; o provides opportunities and partnerships to create vibrant

communities; and o cultivates investment and infrastructure development

opportunities. • The ACT pays annual membership fees to the CRJO. In 2019-20 the ACT’s

fee was $39,748.73.

• The MOU agreed to support the CRJO’s activities with a particular focus on economic development opportunities, including:

o developing a Canberra Region Economic Development Strategy; o activating the CBR Region identity and brand; o enhancing regional freight, export and investment capacity and

capability; o examining CBRJO-ACT joint procurement opportunities; o collaboration, planning, and advocacy to support key regional or

cross-border infrastructure; and o examining cross-border collaboration for resource recovery and

waste management.

• As an advocacy body for the Canberra Region, the CRJO conducts regular thematic Working Groups to facilate information sharing between its members.

• The Working Groups support the coordination, implementation and alignment of initiatives including across infrastructure investment, economic development, land planning and intergovernmental collaboration. They provide forums for the discussion of matters which have a regional interest to relevant Local Government Areas.

3.5

• As an associate member of the CRJO, the ACT Government participates in CRJO Working Groups together with representatives from the NSW Government, in addition to the CRJO’s General Managers Advisory Committee (GMAC).

• The ACT Government regularly participates in and remains engaged across the following CRJO Working Groups:

o Infrastructure;

o Regional Planners;

o Economic Development;

o Tourism;

o Community Wellbeing; and

o Human Resources.

Prospectus for a Canberra Region Deal

• On 21 March 2019, the Chief Minister and CRJO Chair jointly launched the Prospectus for a Canberra Region Deal calling on support for the then-incoming NSW and Federal Governments.

• The Canberra Region Deal Prospectus reflects many of the region’s key priorities, serving as a call to both NSW and Federal Governments to support initiatives that can:

1. Enhance transport and connectivity – for freight and passengers, unlocking tourism and economic opportunities;

2. Create borderless services for the community – through enhanced delivery of health care, sports, higher education, recycling, waste recovery, water and waste water management, lighting, digital reception areas; and

3. Strengthen the role of the national capital - through an overarching Intergovernmental Agreement for the management of the National Capital.

Key Information

• The ACT Government’s CRJO associate membership fee for 2018-19 is $39,045. This fixed fee is equivalent to the fee paid by the largest local Government associate member (Wagga Wagga City Council), as determined by the MoU at signing.

3.5

• The membership of the CRJO comprises the local governments across South East NSW including: Queanbeyan-Palerang; Yass Valley; Goulburn-Mulwaree; Wingecarribee; Upper Lachlan; Hilltops; Snowy-Monaro; Eurobodalla and Bega Valley.

o The ACT Government, Wagga Wagga City Council and East Gippsland Shire Council (Victoria) are associate non voting CRJO members.

• Amongst the CRJO members, including QPRC, there is a strong willingness and recognition of the benefits of functioning as a group of regional councils, strengthened by the inclusion of the ACT Government.


• Regional Development Australia (RDA) Committees continue to be funded by the Australian Government, however in both the ACT and NSW do not receive State or Territory Government funding.

3.6

ISSUE: CHIEF MINISTER’S CHARITABLE FUND

Talking points:

• The Chief Minister’s Charitable Fund was established to support to some of the most vulnerable members of our community.

• The CMCF will distribute funds annually to charities and community organisations within the ACT and surrounding regions through a community grants round.

• The CMCF established priorities for funding in 2019 based on identified areas of community need ascertained through research and consultation with the community sector and ACT government agencies. These funding priorities are:

o improve wellbeing and mental health of transgender, intersex and gender diverse persons, children and young people, and domestic violence survivors and perpetrators;

o improve employment outcomes and equality for Aboriginal and Torres Strait Islander people, refugees and migrants, trans and gender diverse people, intersex people, and precariously employed individuals;

o prevention and post-prison release support for juveniles, children/family of incarcerated individuals, and reintegration of incarcerated individuals;

o quality of life improvements for all Canberrans with a focus on services and activation in outer suburban areas; and

o support for older women at risk of homelessness. • The successful recipients for the first round of CMCF grants were

announced on 3 July 2019. • A total of $408,756 was awarded to 29 community projects across the

ACT region in the first grant round. The projects are to be completed in the next 12 months.

3.6

Key Information

CMCF Board • CMCF is governed by a Board that is independent of the government. The current

members of the CMCF Board are: o Diane Kargas Bray AM – Chair; o Charles Cramer; o Amelda Keys; o Travis Doherty; o John Kalokerinos; o Healther Moore; o Peter Vardos; and o Edward Le Quesne

• The current members of the CMCF Board are also members of the HAC Board, to enable existing structures to be utilised for the CMCF.

• The Director-General of the Community Services Directorate has been formally appointed as the ACT Government Observer to the CMCF. The appointment is an ex-officio appointment and will remain in force until revoked. The ACT Government Observer must attend all CMCF Board meetings and be provided Board papers, unless a conflict of interest arises. The Observer (or their delegate) is also the Chief Minister’s representative on the Board Nominations Committee.

CMCF Business Plan

• The CMCF Business Plan for 2019-2021 is incorporated within the whole of HAC Business Plan.

• The business plan was endorsed by the Boards of CMCF and HAC on 11 June 2019. The business plan for 2019-21 contains information about the organisational structure of the CMCF Ltd, the principles that underpin the management of the grants program (including an overview of the approach to the CMCF grants), a communication and engagement plan, a Proposed Investment Plan and the financial outlook for the CMCF.

CMCF distribution of funds to local organisations • Applicants were assessed against the CMCF Grant Assessment matrix according to the

following criteria: o eligibility – alignment with CMCF objectives and impact area; o benefit to the community/needs addressed – evidence of needs;

3.6

o clarity of project description and project activities regarding steps to be taken to achieve desired outcomes;

o achievable timeline that corresponds to the key activities – realistic project budget;

o meaningful benchmarks and indicators of success; o alignment with CMCF objectives – for Impact Area Grants, tackles one or more

of the impact priorities; o established track record in specific program content area or potential to

achieve needed content expertise – alignment with organisation’s mission; o organisational capacity to deliver project including staffing, leadership and

operational and fiscal management (i.e. through previous successful completion of grants);

o consultation and/or collaboration with other community organisations, experts and other funders; and

o other criteria.

How the CMCF was established

• The Fund was established through a one off grant of $5 million to a new not for profit company limited by guarantee called the ‘Chief Minister’s Charitable Fund Ltd’.

• The Government has directed an additional amount of 0.4% of net gaming machine revenues to the Fund. This provides a modest but ongoing revenue stream for the Chief Minister’s Charitable Fund the proceeds of which will be utilised to support the most vulnerable members of our community.

• The grant is governed by a three year renewable funding deed which is publicly available.

• That agreement provides for the efficient and effective management of the Fund, to both protect the funding and to maximise the amount of funds available for charitable donations.

3.7

Wellbeing Indicators • The 12 proposed draft domain indicators are as follows;

1. Living Standards 2. Housing and home 3. Education and life-long learning 4. Physical and Mental health 5. Social connection 6. Belonging and Cultural Identity 7. Time Use 8. Governance and Institutions 9. Economy and region 10. Environment 11. Mobility and Accessibility 12. Safety.

• A cross directorate sub-committee is working with the wellbeing project team in Policy and Cabinet CMTEDD to develop the framework, identify data sources and discuss process and design issues on a regular basis.

• Two community stakeholder roundtables are scheduled for 18 and 22 November 2019 to update on the process since the first round of roundtables in July and discuss the domain and indicator areas for the wellbeing framework.

• The Living Well in the ACT survey conducted by the University of Canberra in November 2019 will provide a range of information for the wellbeing indicators, specifically subjective measures of wellbeing.

• UC will share early results of this survey ahead of the wellbeing framework launch in March 2020. Full survey findings will be published after the 2020 Budget.

• A full wellbeing dashboard showing current information sets associate with each of the domains and indicators will be ready for the 2020-21 Budget.

• Once finalised and embedded, the framework will have consequences for the budget by guiding decision making.

3.8

ISSUE: ACT-NSW MEMORANDUM OF UNDERSTANDING ON REGIONAL COLLABORATION

Talking points:

• Our engagement with NSW and the local government areas surrounding the ACT continues to strengthen and mature through a range of mechanisms and forums.

• The ACT-NSW Memorandum of Understanding on Regional Collaboration (MoU) is the primary framework for that engagement.

• The MoU was first signed in 2011, with a subsequent version signed in 2016. 2018-19 was the final year covered by the 2016 version of the MoU.

• A refreshed MoU has been agreed for the 2019-22 period.

• It contains strengthened mechanisms for bilateral collaboration and identifies priorty areas of health, environment, economic development, strategic water and land use planning, infrastructure and transport.

• It is expected that the refreshed MOU will be signed by the Chief Minister and NSW Premier during the last quarter of 2019.

Key Information

• Since its introduction in 2011, the MoU has advanced the relationship between the ACT and NSW by facilitating a consultative approach between the two jurisdictions on collaborative initiatives, particularly in the areas of economic development and regional planning.

• In February 2019, First Ministers’ agencies, led by Policy and Cabinet Division for the ACT and the NSW Cross-Border Commissioner for NSW, commenced renegotiation of the refreshed MoU.

• The 2019-22 iteration is a principles-based arrangement. It sets out the shared objectives and commitments of both Governments to work together in the delivery of targeted services, infrastructure development, economic outcomes and the implementation of policy to improve the wellbeing of cross-border communities.

• The refreshed MoU builds on existing cross-agency MoUs, operational arrangements and service-level agreements, which deliver coordinated

3.8

NSW and ACT Government services across the border for policing, emergency services and human services.

• The most significant adjustment to the MoU is the replacement of the annual work list with annually-reported Priority Focus Area Plans to guide weight of effort. In 2019-20 these will focus on cross-border health, infrastructure prioritisation, land use planning, waste and the environment.


• The MoU is the primary framework for our engagement with NSW Government and its agencies. The MoU was first signed by respective First Ministers in 2011 and re-signed in December 2016, with the arrangement designed to undergo a formal update every three years. The provisions set out in the MoU are not legally enforceable and rely on the spirit of cooperation between the two jurisdictions.

• ACT’s MoU governance, including the development, implementation and progress of the MoU’s priorities and initiatives, is overseen by CMTEDD – Economic and Regional Policy – working across government and reporting to the Chief Minister.

• In NSW, oversight of the MoU is provided by the NSW Cross-Border Commissioner.

• Under the extant MoU (signed in 2016), joint action on key cross-border priorities is principally driven through an annual work plan, which facilitates the development and implementation of shared proposals and initiatives in the Canberra Region.

3.9

ISSUE: CANNABIS

Talking points:

• The Government is taking a clear harm minimisation approach to drug use in our community. We do not condone personal use of cannabis and we know there are health risks for individuals that do use it. However, we also acknowledge the simple reality that it’s happening in Canberra.

• Amendments passed on 25 September 2019 will reduce harm for individuals who are already using cannabis, acknowledging that outright prohibition can bring people into contact with the justice system unnecessarily and prevent people seeking help when they need it.

• The ACT has decriminalised personal use of small amounts of cannabis for some time, and these reforms are largely consistent with the scheme that was already in place.

• The amendments passed in September will not come into effect until they are commenced by the Minister for Health. The Government has indicated this is likely to occur on 31 January 2020, but could be earlier or later if necessary.

• Even when these changes come into effect, Canberrans need to be aware that there will continue to be restrictions on when and where cannabis can be used or grown.

Key Information

Responsibilities

• CMTEDD coordinated work across government to respond to the Private Members Bill, including submissions to the Standing Committee inquiry.

• Health Directorate provided advice regarding health issues associated with the reforms, including physical and mental health impacts, support services and drug policy.

• Advice on criminal law and jurisdictional issues was provided by JACS and the ACT GSO.

The Act

• The Act was notified on 10 October 2019, but has not yet commenced. The Act will not commence until the Minister for Health releases a Notifiable Instrument on the health and legal implications of the changes, and gives written notice of the Act’s commencement.

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• Whilst no other Australian jurisdiction has legalised the personal use of cannabis, national and ACT surveys show community support for the decriminalisation and/or legalisation of cannabis for personal use.

• We are aware of the views of some Ministers in the Australian Government. The ACT Government has written to the Australian Attorney-General and Minister for Health outlining our reasoning for these changes.

• These measures will move from a justice-driven response to drug use to one focussed on health and supports for users.

• We will continue to work with stakeholders including ACT Policing to ensure these reforms are implemented in a way that achieves the intended outcomes. We will also monitor and review their impacts over the coming years as required by the Act.

What has/hasn’t changed

• These amendments are not expected to take effect until 31 January 2020. The amendments will be commenced by the Minister for Health following the publication of guidance on health and legal risks in the form of a Notifiable Instrument as required by the Bill.

• A number of restrictions and offences that remain in place:

o The removal of penalties only applies to persons over 18.

o The permitted amount of cannabis an individual can possess remains 50 grams in line with the Simple Cannabis Offence Notice scheme. A higher limit of 150 grams applies to cannabis that has been harvested but is not yet dried.

o It will remain illegal to sell, gift or share cannabis with others. This includes sharing plants or seeds even if no money changes hands.

o There will be a limit of two plants per person. These plants can only be grown at an individual’s home and only in a place not accessible to the public. Hydroponic or other methods of artificial cultivation are not permitted.

o No more than four plants can be grown at one home and there is a strict liability offence for having more than four plants at one residence.

o It will be an offence to use cannabis in a public place or in a way that a child is exposed to smoke or vapour.

o Similarly, cannabis must be stored away from children or young people.

• Like all other Australian jurisdictions, the ACT has a zero-tolerance approach to drug driving and the Government is not proposing amendments in relation to drug driving at this time. If the Private Member’s Bill is passed there will need to be community education to ensure there is no confusion around the relationship of the legal availability of cannabis and the ACT’s drug driving offences.

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• The new changes do not extend to persons under 18 years of age. However, Simple Cannabis Offence Notices will remain available for police to use in relation to children and young people.

Engagement

• In preparing its amendments, the ACT Government considered a range of views and perspectives, including those gathered through the Standing Committee on Health, Ageing and Community Service’s inquiry into the Bill.

• ACT Government directorates worked closely with ACT Policing to understand their concerns and, as best as possible, make sure the Act was practical to implement.

• The ACT proactively wrote to the Commonwealth Attorney-General’s Department and Director of Public Prosecutions on these amendments. Their current position is to decline to express a definitive view.

History/background

• Under current ACT legislation (i.e. until new amendments take effect) it is an offence to possess cannabis or to cultivate cannabis plants, including in small quantities for personal use.

• The Drugs of Dependence Act allows for the use of a Simple Cannabis Offence Notice (SCON) as an alternative to an arrest for the possession of cannabis, if the offence is possession of cannabis weighing no more than 50 grams or possession of no more than two cannabis plants. A SCON is effectively a $100 fine which, if paid within 60 days, avoids a criminal conviction being recorded for the offender.

• On 28 November 2018, Michael Pettersson MLA introduced the Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2018 (the Bill) into the ACT Legislative Assembly.

• The Private Members Bill proposed to legalise the personal cultivation, possession and use of small amounts of cannabis for persons aged 18 or older; possession and use of up to 50 grams of cannabis and cultivation of up to four cannabis plants.

• The Private Member’s Bill was referred to a Standing Committee inquiry. The Government made submissions outlining amendments it intends to make to the Private Member’s Bill. The inquiry reported on 6 June 2019.

• The Government tabled its response to the inquiry in September 2019.

• The Government provided its full Government Amendment Bill and Supplementary Explanatory Statement to the Scrutiny Committee. The Scrutiny Committee made no comments on the Government’s amendments.

• The ACT Greens moved a number of amendments to the Private Members Bill. The Government supported amendments to release information on health and legal risks of using cannabis prior to commencement and review the amendments after three years. The Government did not support amendments to allow artificial cultivation, establish a new advisory council, conflate drugs of dependence with medicinal cannabis or introduce new Objects to the Act.

3.9

3.10

ISSUE: JERVIS BAY TERRITORY

Talking points:

• The Jervis Bay Territory (JBT) is a separate Commonwealth Territory, located on the coast of NSW. Under Commonwealth law, ACT legislation is applied in JBT.

• The ACT Government is engaged by the Australian Government to provide a range of state-type services in Jervis Bay Territory.

• The Memorandum of Understanding between the ACT Government and Australian Government for the provision of state-type services to the JBT is currently being reviewed, with the objective of developing a new agreement.

• As a part of this process, the ACT and Australian Governments are working closely together, and with the JBT community, to better understand service priorities and identify opportunities to improve service outcomes.

• The ACT continues to hold the position that it is not best placed to deliver services in JBT, and that better outcomes for the community would be achieved if the services were delivered by the NSW Government.

• However, for as long as the ACT continues to provide services, the ACT Government is committed to work with the Commonwealth to achieve the best possible outcomes for the JBT community.

Key Information

• The total value of funding provided by the Australian Government to the ACT Government for services in Jervis Bay Territory for the last three years is as follows:

o 2019-20: $4,361,760 (noting that this is the current year agreed amount and is subject to change dependent on service needs).

o 2018-19: $3,986,774

Note: the 2018-19 JBT Budget reconciliation resulted in an underspend of approximately $150,000 due to a decline in JBT residents requiring Care & Protection placements or being detained in the Alexander Maconochie Centre.

o 2017-18: $3,482,773.

3.10

• ACT Government services in Jervis Bay Territory fall into the following categories:

o Primary Education; o Early Childhood Regulation; o Care and Protection; o Health Protection Services; o Environmental Monitoring; o Access Canberra Services – licencing and vehicle registration, government

services and compliance activities; o Corrections Services; and o Court and Justice Services.


PFAS Per- and Polyfluoroalkyl Substances

• The Department of Defence has undertaken a national program of investigation and response to Per- and Polyfluoroalkyl Substances (PFAS) contamination from Defence sites. One such site is the Jervis Bay Range Facility in the JBT.

• Defence is leading the response to PFAS contamination in JBT, including conducting water testing. The ACT Government is a member of Defence’s Project Control Group and provides advice and support where required.

• As part of a comprehensive testing program on the presence of PFAS in the Jervis Bay Area, Defence sampled the fruit of several Lilly Pilly trees at Jervis Bay School.

o Low levels of PFAS were found in a small number of samples.

o The only way people can be exposed to PFAS from the trees is to eat the fruit.

o In line with the school's wishes to take a zero-risk approach, the trees were removed from the school grounds in early October 2018.

o The Education Directorate worked with the Jervis Bay School to ensure the JBT community were provided accurate and timely information.

• Recent media (ABC news, 29 October 2019) reports that a class action is being undertaken with up to 40,000 people who live and work on land contaminated by the chemical compound PFAS suing the Australian Government, arguing their property values have plummeted.

3.11

ISSUE: COUNCIL OF AUSTRALIAN GOVERNMENTS (COAG) MEETINGS & COUNCIL FOR THE AUSTRALIAN FEDERATION (CAF) MEETINGS 2018-2019

Talking points:

• The Council of Australian Governments (COAG) held its 47th general meeting on 9 August 2019 in Cairns.

• Key issues on the 9 August COAG agenda included reducing regulatory barriers and the establishment of a Deregulation Taskforce, development of a shared vision for Vocational Education and Training (VET), agreement to the Fourth Action Plan to reduce violence against women and their children, and undertaking a shared commitment to improve mental health and wellbeing and to enhance suicide prevention responses across Australia.

• Importantly, COAG leaders agreed Australia should establish a timetable to ban the export of waste plastic, paper, glass and tyres, while building Australia’s capacity to generate high value recycled commodities and associated demand. They tasked Environment Ministers to advise on a proposed timetable and response strategy following consultation with industry and other stakeholders.

• As 2018 Chair of the Council for the Australian Federation (CAF), the ACT led important discussions and promoted joint advocacy among states and territories on the COAG agenda items and other issues leading up to the 46th general meeting of COAG held on 12 December 2018 in Adelaide. This meeting also incorporated a National Security COAG meeting.

• Key issues on the December 2018 COAG agenda included improving population and planning management, increasing resilence to drought, development of a formal partnership between COAG and Aboriginal and Torres Strait Islander representatives on Closing the Gap, reforming Australia’s health system, reducing violence against women and their children, and ensuring the wellbeing of Australia’s young people through early childhood education.

• The damaging effect of bullying and cyberbullying on Australia’s children and young people was acknowledged, including the valuable work that is being done across the country and the Queensland anti-cyber bullying Taskforce report.

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• Leaders also reaffirmed their commitment to health reform, including the development of the next health and hospitals agreement, which will operate from 1 July 2020 to 30 June 2025. The agreement will deliver long-term reforms to encourage joined up care for patients, emphasise prevention and provide information to help Australians make informed choices.

Key Information

• The Australian Capital Territory and Northern Territory Governments signed and entered into a Strategic Cooperation Agreement on 9 February 2018, with the aim identifying and developing areas of mutual interest, and developing joint approaches on strategic policy and legislative matters influenced by the jurisdictions’ shared self-governing status. The ACT and NT Chief Ministers’ offices agreed to briefly meet and discuss matters of mutual interest during the COAG dinner on 11 December 2018.

• CAF remains an important forum for collective action and progressing key national policies, including improvements to education and health and securing fair funding arrangements for vital services, and to reaffirm states and territories’ commitment to work collaboratively.


• Established in 1992, The Council of Australian Governments (COAG) is the peak intergovernmental forum in Australia comprising the Prime Minister, state and territory First Ministers and the President of the Australian Local Government Association (ALGA).

• Senior Officials and Deputy Senior Officials have been meeting regularly and progressing work on key national priorities through working groups throughout the year.

• The Council for the Australian Federation was established in 2006 and has the following objectives (1) to work toward common understanding of the States’ and Territories’ positions in relation to policy issues involving the Commonwealth Government and (2) to take a leadership role on key national policy issues, including the Federation, that are not addressed by the Commonwealth Government. The chair of CAF rotates amongst each state and Territory on an annual basis. The ACT was the chair for 2018.

3.12

ISSUE: POLICY INNOVATION TEAM*

*This brief covers Policy Design and Evaluation team functions. For Regulatory Reform Team functions, refer to briefs 4.1, 4.4 and 4.5

Talking points:

• The 2018-19 Budget provided $5.57m over four years for the measure Policy Innovation Team. This included ongoing funding from 2018-19 for the Regulatory Reform Team to implement the Government’s regulatory reform agenda.

• It also provided new funding for three years (from 2019-20) to establish a new function in Policy and Cabinet for policy design and evaluation.

• The initiative funds two full-time equivalent positions to support development of policy-making capabilities across the ACT Public Service.

• There will be a particular focus on improving how evaluations are designed and used to improve the quality of advice to government and the design of program and services.

• The team will work closely with other parts of the public service that support development of policy making capabilities, such as the work the Office of the Chief Digital Officer does on data analytics and the work whole of government Communications and Engagement is doing to improve insights about the community.

Key Information

• Funding for the Policy Design and Evaluation functions commenced in July 2019. Two positions have been recruited to, although one officer is yet to commence with CMTEDD.

• With the establishment of the team coinciding with the development of Wellbeing Indicators for the ACT, we are examining how to integrate our policy cycle, including policy design and evaluations, with the ACT’s Wellbeing Indicators.

• The team aims to achieve a number of objectives in 2019-20, including:

o Supporting 1-2 strategic policy evaluations at a whole of government level;

o Supporting directorates to build evaluation and policy design capability through training, advice and other support.

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o Developing a forward evaluation program for government to plan and program priority evaluations in.

• As the team is only small, the approach is not to centralise policy or evaluation functions within CMTEDD, but to work with directorates and other stakeholders to build capability. We will do this by supporting directorates with advice and capacity when needed, building mutually beneficial relationships and creating a supportive authorising environment across government to engage in this work.

• There is sometimes confusion about how evaluation functions differ from other functions such as expenditure reviews or performance audits. The focus of our evaluation work is to understand whether policies and programs are achieving their intended outcomes, not to identify savings or to specifically examine governance and management issues with particular issues.

4.1

BRIEF TITLE: CONTROLLED SPORTS

Talking points:

• The Controlled Sports Act 2019 commenced on 11 October 2019.

• The combat sports industry brings many benefits to our community, including tourism, social inclusion and improved physical fitness.

• The ACT Government consulted with the combat sports industry, participants, medical and sporting experts, on the new regulatory framework to ensure it considers their needs, while also promoting safety and integrity.

• There are two types of events under the new Act:

o Non-registrable events - which will largely capture participation-level sports where an Authorised Controlled Sports Body will have oversight for these events, meaning little to no impact on contestants participating in grass-roots combat sports contests.

o Registrable events - which are typically commercial, ticketed events and will see the implementation of the following measures:

Specialised medical requirements, equipment and supervision of contestants;

Adherence to rules regarding suitably matched contestants, contestant weigh-ins and anti-weight cutting measures, special measures to better manage head injuries and concussions; inspectorate functions to oversee requirements for safety, as well as monitoring event integrity, for example – gambling, match fixing, and adherence to a code of practice; and

Background checking of officials and contestants to ensure that unscrupulous operators are not involved in events.

Key Information

Registrations

• Registrations for officials and contestants are now being managed by Access Canberra (Licensing and Registrations).

• Smart Forms have been created to allow for simple online submission of:

4.1

o Registrable event applications and payments;

o Non-registrable event notifications; and

o Registration of contestants and officials.

• This is supported by information on the Sport and Recreation website that explains the requirements for each type of registration, including how to determine whether an event is registrable or non-registrable based on its ‘commercial purpose’.

• There are two registrable events in November that Access Canberra is aware of. Access Canberra has been working with promoters to meet application requirements.

• The first event captured under the new scheme is Capital Fight Night on 8 November.

Inspectorate

• The inspectorate functions for controlled sports are based in Access Canberra (Fair Trading and Compliance).

• Fair Trading and Compliance works with the Licensing and Registration Team in Access Canberra to determine when events are on, and any issues identified through the event approval process.

• Inspectors will attend events to ensure compliance. A number of procedures have been established to respond to potential issues. These include:

o Pre-event matters, such as the weighing-in of contestants in some disciplines, equipment checks, and medical equipment requirements;

o During the event, such as pre-contest medical assessments, medical practitioner attendance, event integrity, contestant safety; and

o After the event, such as post-contest medical assessments, matters to report to the Licensing and Registrations Team for registration purposes.

• ACT Policing, as under the Boxing Control Act, is notified of all events and provided with a list of officials and contestants participating in events.

Subordinate Legislation

• The majority of subordinate legislation was in place at the commencement of the Act. This included:

o The Controlled Sports Regulation 2019 – which established conditions for official and contestant registration, registration renewal requirements, minimum age requirements, conditions for non-registrable events, and required medical investigations for the Certificate of Fitness (annual medical) and pre-event medical clearances.

o The Controlled Sports Code of Practice 2019 (No 1) – which established the technical requirements for registrable and non-registrable events, including insurance, contest area requirements, medical equipment, evacuation plans (for injured contestants), medical exclusions (such as mandatory rest periods

4.1

after concussion or head injury), and requirements regarding weigh-ins that will attempt to address dangerous weight cutting practices in combat sports.

o Controlled Sports Public Interest Guidelines 2019 (No 1) – this makes clear how applications for registration as an official or contestant will be treated. It outlines the risk matrix that will be used to decide on applications for applicants that have a criminal background, or other information identified in their application.

o Controlled Sports Registrar Appointment 2019 (No 1) – which appointed the Executive Branch Manager, Licensing and Registrations in Access Canberra to the position for a period of two years. This position is currently occupied by Ms Derise Cubin.

o Controlled Sports (Fees) Determination 2019 (No 1) – which established the fees for registrations of contestants and officials and registrable events. The fees are similar to the fees currently charged in NSW and VIC and partially subsidise the administration of the scheme. The Fee Refund Policy is available on the Sport and Recreation website, along with the table of current fees payable.

• There are two remaining items being finalised at the time of commencement. These are:

o Light contact combat sport exemptions Notifiable Instrument (under section 8) – notified 25 October.

o Establishment of Authorised Controlled Sports Bodies Notifiable Instrument (under section 63).

• Sport and Recreation worked with stakeholders to ensure that these two matters did not impact on the conduct of events.

Minimum Age

• Community consultation was conducted in June 2019 regarding the proposal to establish a minimum age for controlled sports events at 14 years of age. Four options were proposed, with no overwhelming support for any of the models.

• Stakeholders raised concerns that, for National Sporting Organisations, the establishment of a minimum age of 14 years would conflict with international rules, putting ACT contestants at a disadvantage.

• As a result, the model implemented was an adapted model that addressed this issue:

o Contestants must be 18 years old to participate in registrable events.

o Contestants must be 14 years old to participate in non-registrable events UNLESS:

The event is run by a National Sporting Organisation, in which case, the rules of the National Sporting Organisation apply; or

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The event is run by an Authorised Controlled Sports Body that is not a National Sporting Organisation, that has an approved lower minimum age set by the Minister.

• The injustry welcomed the refined model. The safety of child contestants will continue to be monitored to ensure that this is the best approach.

Advisory Committee

• The establishment of a Controlled Sports Advisory Committee is currently underway. The proposed structure of the Committee will include:

o Two industry representatives;

o A representative from ACT Policing;

o A medical expert; and

o Two ACT Government representatives – the Controlled Sports Registrar, and the Executive Branch Manager of Sport and Recreation.

• It is expected that the Committee will be established before the end of the year.

Consultations • Significant consultation has been undertaken with the sector in the development of

the scheme. This included:

o Consultation on the draft Controlled Sports Bill from 31 July to 31 August 2018;

o Consultation on subordinate legislation from 1 June – 2 July 2019;

o Targeted consultation with various stakeholders to test ideas throughout this time, including the redeveloped model on minimum age requirements;

o Meeting the Access Canberra teams and discussing requirements and any questions they have about the scheme.

• The industry consists of 93 combat sports gyms, organisations and promoters, as well as officials, contestants and medical professionals.

• ACT Policing was consulted extensively on the development of the Act, in particular the registration requirements, information sharing about events, offences and administrative penalties. They were further consulted in mid-2019 on the Public Interest Guidelines and Code of Practice.

• Medical and sports medicine specialists were consulted at various intervals. This included the Health Directorate (Chief Medical Officer, and Blood Borne Virus specialists), the Australian Institute of Sport Chief Medicial Officer, Sports Medicine Australia, and medical practitioners that attend events in the ACT. The AIDS Action Council (national and ACT based) and Hepatitis ACT were also consulted on blood testing of contestants.

• Medical specialists were particularly concerned with the impact of concussions and head injuries for contestants, such as long term cognitive impairments, potential for

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disability and fatal consequences when the brain has suffered multiple or significant injuries.

• Attending medical practitioners welcomed clearer requirements that enabled them to make informed decisions when attending events, which will help to address some of the concerns of the medical community with the stricter medical management of events.


• The Controlled Sports Act 2019 replaced the Boxing Control Act 1993.

• Australian jurisdictions, with the exception of the Northern Territory and Queensland, regulate the conduct of professional combat sports. NSW, Western Australia, and Tasmania also regulate amateur contests to differing degrees. South Australia includes regulation of ‘public events’.

• By defining combat sports through techniques used, rather than sporting style, the Government is ensuring that there is a fairer coverage of regulated combat sports based on medical evidence and research on the safety risks for contestants.

• The ACT Government is continually monitoring the approach to combat sports in other regulating jurisdictions. Officals meet on a regular basis to discuss various matters impacting on their jurisdiction and to understand possible approaches.

4.2

ISSUE: SHORT-TERM RENTAL ACCOMMODATION – AIRBNB

Talking Points Tourism

• The ACT has seen strong growth in the number of overnight visitors coming to the capital.

• Tourism Australia research data shows 2.9 million Australian overnight visitors and 266,278 international visitors came to the capital in the year ending June 2019, representing the highest visitor performance on record.

• These visitors spent a total of nearly $2.5 billion during their stay, with domestic overnight visitors spending a record $1.87 billion and international overnight visitors spending $605.4 million.

Accommodation for tourists and Airbnb • The ACT Government supports the development of and investment in a

range of accommodation options that appeal to leisure and business visitors.

• We also support appropriate and considerate use of short-term rental accommodation through platforms such as Airbnb in Canberra.

• Airbnb is the largest provider of short-term rental accommodation worldwide, however several other companies including Stayz and Homeaway compete in the same sector.

• In almost all instances, the use short-term rentals through companies like Airbnb is appropriate and users are considerate of their neighbours.

Australian Hotels Association concerns • The Australian Hotels’ Association has long standing concerns with a

level playing field for regulation of holiday letting of residences through accommodation websites (dating back to March 2014).

• These concerns include compliance with regulatory aspects such as building codes (including fire standards), environmental, work health and safety, insurance and commercial rates for rates and energy, as well concerns for the collection of GST and social amenity (e.g. parking and use of common facilities in apartment buildings).

• None of these concerns are unique to the ACT.

Background Regulating the Share Economy

• The ACT Government keeps a watching brief on share economy developments. This includes reviewing the approaches of other jurisdictions and evaluating whether elements of their reforms would be appropriate or beneficial for the ACT.

• Maintaining sustainable regulatory frameworks which adapt to advances in share-economy technology, and the pace of adoption of these services, is a challenge facing Governments on a global basis.

• Different approaches to short-term rental accommodation platforms have been enacted internationally and in Australia – all seeking to manage its intersection with planning authority, land use, and commercial letting legislation.

• The ACT Government is committed to monitoring available options and ensuring any future changes to the regulatory framework for short-term rental accommodation are fair, sustainable, and best serve the ACT economy.

4.3 DRONES

• The ACT does not have the legal ability to provide a comprehensive, targeted regulatory response to drone operations including drone delivery noise.

• Drones are regulated by Commonwealth legislation.

• As drones are considered ‘aircraft’, their regulation is governed by varying Commonwealth agencies including:

o The Civil Aviation Safety Authority

o Airservices Australia, and

o Department of Infrastructure, Transport, Cities and Regional Development.

• The commercial use of drones, or unmanned aerial vehicles, is growing rapidly.

o Their uses span multiple industries and applications such as logistics and delivery services, screen and film production and monitoring of infrastructure.

• The ACT has been the launchpad for trials of drone delivery services by a Google company called Wing.

o Wing has been undertaking drone delivery trial services in the Canberra region since 2017: initially at Royalla, then at Bonython from 2018.

o In April 2019 Wing received an exemption from the Civil Aviation Safety Authority permitting further drone delivery services from a base in Mitchell to 100 homes in Crace, Palmerston and Franklin

o This approval runs until 31 January 2020.

• We have now had some experience observing Wings operations and the community’s response

• The ACT remains optimistic about the potential benefits of drones and drone delivery services; these include:

o empowering local businesses to reach more customers

o cutting greenhouse gas emissions and

o making life easier for Canberrans living with mobility challenges.

• We are also interested in further exploring the wide range of situations and possible applications for drone technology, including in the context of Emergency Services.

Background Safety

• Commonwealth law prohibits, amongst other things:

o Operating a drone in a way which creates a hazard to another aircraft, person or property

o Flying within 30 metres of another person

o Flying over a populous area at a height less than that from which, if any of the drone’s components failed, it would be unable to clear the area

o Flying over an area where an emergency operation is being conducted, and

o Causing a thing to be dropped or discharged from a drone in a way that creates a hazard to another aircraft, person or property.

• We are confident that the combination of licensing conditions and Commonwealth law provides a high level of safety of Wing operations.

• To date there is no evidence that Wing has breached either the conditions of its licenses or relevant Commonwealth regulations.

Noise

• Some residents in the trial areas have raised concerns about the distinctive sound of Wing’s drones.

o Noise may turn out to be one of the biggest obstacles to community acceptance of drone delivery services

• Noise regulation of aircraft, including drones, rests with the Commonwealth

o CASA has exclusive regulatory responsibility for drones throughout Australia and is responsible for enforcing regulations and responding any to breaches

o ACT agencies do not have a role in managing or enforcing these requirements.

Privacy

• Some correspondence has suggested that drone delivery services may infringe on individual privacy

o Wing has provided assurance to the ACT Legislative Assembly that it complies with all applicable Australian privacy laws and we have no evidence to the contrary.

Domestic animals and wildlife

• There is a lack of research in the area of drone noise impact on domestic animals and wildlife

o a report commissioned by Wing made no definitive findings on drone delivery services affecting domestic animals or wildlife

o that report did not it was unlikely that there would be any significant effect on fauna or birdlife

o Wing is working with the ACT Ornithological Society to establish a firmer base for assessing the impact of drone delivery services on birds in the ACT.

Standing Committee Inquiry and Air Navigations Regulations Issues Paper

• In July 2019 the Standing Committee on Economic Development and Tourism delivered Report 6 Inquiry into Drone Delivery Systems in the ACT.

o The ACT Government will respond to the Standing Committee inquiry report and the Commonwealth Issus Paper in the near future.

o The ACT Government is also responding to the Commonwealth’s Issues Paper – Review of the Air Navigation (Aircraft Noise) Regulations – Remotely Piloted Aircraft - released by the Commonwealth Department of Infrastructure, Transport, Cities and Regional Development in September 2019.

• The considerations and deliberations of the Standing Committee and the Report have been very useful to us in formulating a possible Government response to the Commonwealth’s Issues Paper and has further cemented the ACT’s position as a leader in the use of drone technology in Australia.

4.4 ON-DEMAND TRANSPORT INDUSTRY (Taxi’s and Uber)

Talking Points

• The ACT Government is committed to meeting Canberra’s on-demand transport needs. This includes across all areas of Canberra and whatever their accessibility needs are.

• The reforms have seen growth in the on-demand transport market and greater than expected uptake of rideshare by consumers. Taxis also remain a significant and important part of the market.

• A major evaluation of the 2015-16 reforms was provided to government in September 2018.

o A key action was an increase in the regulated cap on standard taxi licences (from 358 to 500). The current number of available taxi licences is 408.

• Following the evaluation report in September 2018, further consultation was undertaken. The resulting listening report that found:

o rather than increasing regulation to adopt environmentally friendly vehicles types, it is preferred that operators and drivers are motivated to gradually adopt such vehicles;

o several potential benefits of deregulation (removal) of taxi licence cap were identified. However, criticism remained regarding lost value of perpetual taxi licences; and

o there is strong support to address issues around the supply of Wheelchair Accessible Taxis and ongoing need for regulation to ensure support for vulnerable members of the community including with booking services.

• Those consultations occurred with different segments of the community through different methods, namely:

o written submissions; and

o industry consultation: a facilitated round-table discussion;

o community consultation: focus group sessions with passengers; and

o the Government YourSay survey.

Background

• In October 2015 the ACT Government undertook a range of reforms to the on-demand transport industry (ODTI) to:

o increase consumer choice and introduce rideshare under a world first regulatory framework; and

o reduce or remove (unnecessary) regulatory requirements and costs for taxi and hire car services.

Taxi licence releases

• The ACT Government has been gradually releasing extra taxi licences into the local market.

• The regulated cap for ACT taxi licences is now 500, raised from a cap of 358 (2011). Currently there are 408 released. This number includes the regulated cap of 31 wheelchair accessible taxi (WAT) licences.

Perpetual taxi licences

• The ACT Government’s policy is no compensation for owners of perpetual taxi licences.

• The ACT government has not issued perpetual taxi licences directly to individuals since 1995. Since then, access to these licences has been solely through a secondary market.

• According to research by the Centre for International Economics, an individual who acquired (at market price) and held a perpetual taxi licence in 2005 or earlier has achieved a positive annual investment return.

• Based on our most recent data, there are around 168 holders of the total 217 ACT perpetual licences (holders include individuals, families and trusts/companies) on the road.

o Around 50% are ACT residents (a small percentage of which use their perpetual licences to operate taxi vehicles). The other half live interstate and own ACT licences as an investment.

4.5

ISSUE: E-Conveyancing

• The 2019-20 Budget provides funding for the modernisation of the Land Titles System.

• The Government is modernising the land titles process to make buying a property simpler, safer and more efficient.

• Consultation began last week on exposure draft Bills to provide for safer property transactions through the introduction of paperless titles and providing the option for E-Conveyancing.

• We have a draft Land Titles (Electronic Conveyancing) Legislation Amendment Bill, to provide for paperless titles and to increase protections against fraudulent property dealings.

o At the moment, you are required to hand over a paper certificate of title when selling a property to establish your right to sell the property. This is our security measure and we’ve seen it is susceptible to abuse, with the Government paying out over half a million dollars in damage in the 2016 Astell Case to Ms Astell whose house was sold by a fraudster.

o Under paperless titles, a person’s identity and authority to undertake the transaction are verified before the Government registers those changes. We don’t think you could see a repeat of the Astell Case under the new requirements.

• Moving to paperless titles is a valuable step of itself and will allow for in-person settlements with better protections for all parties. It’s also a necessary step before the ACT can adopt E-Conveyancing, as NSW, QLD, VIC, SA and WA have done.

• We also have a draft Electronic Conveyancing National Law (ACT) Bill which provides the mechanism for the ACT to adopt the E-Conveyancing National Law.

o This new initiative will deliver efficiencies for all parties in the land conveyancing process and will bring the ACT in line with other Australian jurisdictions.

• Viewed overall, the exposure draft legislation will allow conveyancing to continue to take place in person, or through the new medium of E-Conveyancing.

• Consultation commenced on 30 October and will conclude on 15 November.

o We are consulting broadly, with members of the community, industry and national regulators.

o We will take on board the feedback from consultation to allow the Government to bring the Bills into the Assembly in early 2020.

• The exposure draft Bills provide an indicative commencement date of 1 June 2020 to assist stakeholders to prepare for the reform.

4.6 RED TAPE REDUCTION LEGISLATION AMENDMENT BILL 2018

Talking points

• The 2018 Bill responds to specific issues that have been identified as redundant or as an unnecessary administrative cost to business, not-for-profits, citizens or government.

• The Red Tape Reduction Legislation Amendment Bill (as introduced on 23 August 2018) includes amendments to:

o allow for alternative systems of identification (like Australia Post’s Keypass ID system) for the use in licensed venues, the casino and venues selling tobacco;

o no longer mandate sending a fax or using a telex under ACT legislation;

o remove regulation of car market operators who have not been active in the ACT since 2011;

o improve efficiency for the ACT’s community sector – simplifying the way we categorise associations, strengthens and clarifies governance requirements, and updates a range of processes for contemporary practice;

o better align the assessment and listing of threatened species with process in the Australian Government and the states and NT, as well as reviewing planning strategies to improve administrative processes.


• 2017’s Red Tape Reduction Bill reduced duplication and reporting requirements for ACT charities registered with the ACNC, and the 2018 Bill simplified auditing requirements for charities, as well as introducing some changes to the governance of Associations more generally.

2018-19 Annual Report Hearing – Robert Wright, Executive Group Manager, Corporate, CMTEDD

2018-19 Annual Report Hearing Briefs HR Briefs Corporate Management Briefs

CMTEDD Staff Profile CMTEDD Strategic Risk Human Resource - General Audit – Internal Audit Completed

Contractors and Temporary Staff (including Insecure Work) Business Continuity

Work Health and Safety and Injury Management (including occupational violence)

Fraud (including investigations)

Bullying and Harassment (incidents and prevention) Accountability Indicators

Redundancies and Excess Officers ACT Executive Reconciliation Action Plan (RAP) Sustainability

Diversity and Inclusion Office Accommodation CMTEDD Staff Survey Emergency Management

State of the Service – CMTEDD Components Freedom of Information Contracts (Corporate)

Relevant Corporate Annual Report sections B1 - Organisational Overview B4 - Risk Management B5 – Internal Audit B6 – Fraud Prevention B7 – Freedom of Information B9 – Aboriginal and Torres strait Islander Reporting B10 – Work Health and Safety B11 – Human Resources Management B12 - Ecologically Sustainable Development Office Accommodation Extract Corporate Contract Extract ACT Executive Extract Accountability Indicators Extract (Vol 2.1)

Additional Information 2017-18 Annual Report Hearing – Hansard Extract

2018-19 Annual Report Hearing – Final Schedule Previous Questions on Notice CMTEDD Executive Staff Numbers (Ms Burch) Redundancies (Mr Coe) RAPs (Ms Le Couteur) Occupational Violence (Mr Coe)

State of the Service 2018-19 Extract

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ANNUAL REPORT HEARING BACKGROUND BRIEF Sitting period beginning 4 November 2019

CMTEDD Staffing Profile (B11)

Staffing numbers

• CMTEDD headcount as at the end of June 2019 was 2,480, which was 10.7% of the ACT Public Service (ACTPS).

• CMTEDD FTE as at the end of June 2019 was 2382.3.

• The FTE and headcount numbers do not include ACT Insurance Authority or the Independent Competition and Regulatory Commission. These are reported on separately.

• These figures also exclude the contingent labour hire workforce of approximately 237 as at end June 2019, predominantly located in Shared Services (141) and Access Canberra (56).1 Labour hire is not reported in the annual report.

• The CMTEDD workforce consisted of two streams as well as the graduate cohort who are engaged across both streams:

Stream FTE Headcount

Chief Minister Stream2 1016.4 1061

Treasury Stream3 1352.1 1405

Graduate Program 14 14

CMTEDD Total 2382.3 4 2480 Page 239-240

• There was a slight increase in FTE and headcount from the previous year, of 2.7% and 2.9% respectively.

• The change in FTE and headcount from the 2017-18 Annual Report to the 2018-19 Annual Report is represented in the table below:

Annual Report FTE Headcount

2017-18 2319.3 2411

2018-19 2382.3 2480

Change +63 (+2.7%) +69 (+2.9%) • The increase primarily relates to:

o Access Canberra – increase of 42 to meet the growing demand for services, new government initiatives and providing secure work opportunities.

o Economic Development – increase of 12 primarily associated with improved governance relating to Grants, Procurement, Evaluation and HR/People Safety.

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o Infrastructure, Finance and Capital Works (now Major Projects Canberra) – an increase of 12 associated with project requirements.

o Office of the Chief Digital Officer – increase of five associated with budget initiative More and Better Jobs – Data Analytics for Smarter Policy.

o Policy and Cabinet – increase of six associated with budget initiatives relating to digitising government records, policy innovation and the modernisation of land titles business systems.

Employment type

• The majority of the CMTEDD workforce is employed on a permanent basis:

Engagement Type Headcount % of Workforce 5

Permanent 2104 84.8%

Temporary 352 14.2%

Casual 24 1.0% Page 241

• Access Canberra engage the greatest volume of temporary employees (100, or 15.9% of their workforce) followed by Shared Services (84, or 10.5% of their workforce), Economic Development (37, or 19.5% of their workforce) and Property and Venues (25, or 13.9% of their workforce).

• The percentage of employees engaged on temporary contracts is 14.2%, which is less than the ACTPS average of 17.2%. If executives are excluded, temporary employment falls to 284 or 11.5% of the CMTEDD workforce.

Executive employment

• As at the end of June 2019, CMTEDD engaged 82 employees in Senior Executive Service (SES) (3.3% of total CMTEDD workforce) made up of 37 females and 45 males, and up from 77 at the same time last year. This figure represents paid headcount and is inclusive of backfill or ‘HDA’ arrangements (that is, it does not represent approved executive positions).

Executive position management

• During 2018/19, CMTEDD created seven SES positions:

Area Position Reason created Workforce Capability and Governance

Executive Branch Manager, Secure Local Jobs

Project specific role

Access Canberra Executive Branch Manager, Construction and Utilities

To support the functions of Access Canberra

Access Canberra Executive Branch Manager, Fair Trading and Compliance

To support the functions of Access Canberra

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Office of the Chief Digital Officer

Executive Branch Manager, Data and Analytics

To assist with the increase in digital transformation.

Policy and Cabinet Executive Branch Manager, Wellbeing Indicator Project

Short-term, project specific role

Revenue Management Principal Valuer Provide valuation services

Shared Services Executive Branch Manager, Payroll Services

Lead whole of government payroll team

• Since the publication of the Annual Report we have created two new Executive positions: anew Executive Branch Manager for Whole-of-Government Communications and Engagement.

Diversity

• CMTEDD’s diversity profile consisted of the following:

As per Annual Report As at 16 October 2019

Diversity Group Headcount % ofWorkforce 6 Headcount % of

Workforce 7 Gender – Female 1,265 51.0% 1,271 52.0% Gender – Male 1,214 49.0% 1,161 48.0% Aboriginal and/or Torres Strait Islander 45 1.8% 54 2.2%

Culturally and Linguistically Diverse 501 20.2% 481 20.0%

People with Disability 119 4.8% 104 4.2% Page 242

1 Further information on labour hire is provided in the Contractors and Temporary Staff Background Brief. 2 Inclusive of Access Canberra (609.7 FTE/ 629 HC). 3 Inclusive of Shared Services (768.9 FTE/ 794 HC). 4 Variance due to rounding. 5 Variance due to rounding 6 Variance due to rounding 7 Variance due to rounding

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Robert Wright, Executive Director Corporate Division


Human Resources – General General (p. 235) • In 2018-19 the directorate’s human resource priorities were guided by the CMTEDD

Corporate Business Plan 2018-19 and the CMTEDD Diversity and Inclusion Strategy 2018-20.

Culture (p. 235) • CMTEDD demonstrated its ongoing commitment to diversity and inclusion through

implementing the CMTEDD Diversity and Inclusion Strategy 2018-20.

• The directorate continued to implement our Innovate Reconciliation Action Plan for 2017-19 and commenced development of our new Stretch RAP 2019-2022.

• CMTEDD continued to support diversity and inclusion through programs including:

o 9 participants in the 2018 CMTEDD Employment Pathway Program (EPP) for Aboriginal and Torres Strait Islanders (GIO Mob);

o 4 participants in the 2018 ACTPS Vocational Employment Program for Aboriginal and Torres Strait Islanders (WGAG VEP);

o 2 participants in the 2018 ACTPS Vocational Employment Program for People with Disability (WGAG VEP Disability);

o 3 individuals placed through the Culturally and Linguistically Diverse Work Experience Support Program (WESP CSD).

• The directorate was successful reaccreditated as a Breastfeeding Friendly Workplace

through the Australian Breastfeeding Association.

Capability (p. 236) • In May 2019, 16 individuals and 10 teams were recognised for their values-aligned

excellence through the CMTEDD Staff Awards.

• 125 staff attended the CMTEDD face-to-face Induction Program during 2018-19 covering topics such as governance, the RED Framework, WHS, EAP, performance and probation, expectations and sustainability.

• CMTEDD launched a new e-Learning platform in 2019, enabling learning and development

programs to be accessible to a greater audience. Training currently available includes WHS, Family and Domestic Violence Awareness, Disability Confident Managers and reportable conduct. The e-Induction, Fraud and Ethics Awareness e-Learning packages are nearing finalisation.

• CMTEDD employed 14 Graduates through the 2019 ACTPS Graduate Program.

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Robert Wright, Executive Director Corporate Division

Whole of Government Training (p. 239) • Approximately 337 CMTEDD staff attended training provided through the ACTPS Training

Calendar and the ACTPS Panel of Training Providers with an estimated cost of $192,752. Compared to 2017-18 this is a 16% decrease in participant numbers but a 31% increase in costs.

Studies Assistance (p. 239) • In 2018-19 CMTEDD invested approximately $141,047 towards studies assistance for 57

staff. Compared to 2017-18 this is a 17% decrease in participant numbers but a 113% increase in costs.

Workplace Relations • The CMTEDD Consultative Committee, consisting of employee, management and union

representation met as per the terms of the Enterprise Agreement (EA G1.5–G1.8).

• Four stream-based enterprise agreements continued operation, and negotiations for new enterprise agreements were ongoing throughout the 2018-19 reporting period. The Administrative and Related Classifications Enterprise Agreement 2018-2021 came into effect on 3 April 2019.

• Corporate People and Capability provided support and guidance to CMTEDD employees to

ensure compliance with the enterprise agreements.

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Corporate Division


Contractors and Temporary Staff (including Insecure Work)

• The ACTPS is committed to promoting permanent employment and job security within the

ACTPS. Temporary Staff • In 2018-19 CMTEDD reduced the number of temporary employees to 352. This is a reduction

of 44 from 2017-18.

• Below is a breakdown of CMTEDD temporary employees by classification as at the end of June 2019:

TOTAL 352 Executive Officers (Executive Group Managers and below) 70 Senior Officers 57 Administrative Officers 193 Professional Officers 11 General Service Officers 3 Other 18

Insecure Work Taskforce • The ACT Government has established a Joint Union and ACT Government Taskforce into

insecure work and outsourcing. The Taskforce is examining the current use of these practices and proposing ways to monitor and minimise the use of insecure work practices.

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Work Health and Safety (WHS) and Injury Management (including Occupational Violence) (B.10) Work Health and Safety (p. 229) • CMTEDD WHS Performance is regularly reported to CMTEDD Executive Management and

CMTEDD staff. • The CMTEDD 2019 WHS Assurance program included audits of 17 CMTEDD Business units to

test conformance with PeopleSafety. This was the second year that CMTEDD conducted a WHS assurance program.

• A CMTEDD WHS E-learning program was launched. As at 30 June 2019, 74.06% of CMTEDD

staff, adjusted to exclude employees on >3 months leave, had completed the e-learning.

Injury Prevention and Health and Wellbeing (p. 230) • CMTEDD supported the workforce to be physically and mentally well through a range of health

and wellbeing promotion activities, including flu vaccination programs, pilates classes, provision of EAP services to staff and their families, supporting employee participation in health and wellbeing activities (reimbursement up to $100 per annum).

Accident and Incident Reporting (p. 231) • 457 WHS incidents were reported during 2018-2019, of which 13 were notified to Worksafe.

This is a significant increase compared with the number of incidents reported in 2017-2018 (457 compared to 367) but also a significant decrease in the number of notifiable incidents (13 compared to 21 reported in 2017-2018).

• The increase in reported incidents is predominantly attributed to the success of targeted efforts to promote and encourage incident reporting.

• Of the 13 notifiable incidents, seven resulted in no injury, one resulted in a minor injury or

illness but no lost time and five resulted in a day or more off work (this is considered a lost time injury).

• Improving on the performance of last year, CMTEDD was not issued (under Part 10 of the Act) with any improvement, prohibition or non-disturbance notices during the reporting period.

Performance against Targets (p. 231) • CMTEDD has continued to achieve the targets set in the Australian Work Health and Safety

Strategy 2012-2022 for reductions in the incidence rate for claims resulting in one or more weeks off work and claims for musculoskeletal disorders resulting in one or more weeks off work.

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Bullying and Harassment • The ACTPS and CMTEDD have a mature system for the reporting and addressing of risks

associated with bullying and harassment. Our approach to responding to employee concerns includes an open-door policy, RED contact officers and availability of HR areas, in addition to the EAP service provided. There are currently 28 RED Contact Officers in CMTEDD and a RED Executive Sponsor.

• During 2018-19, 41 bullying and harassment complaints were received by CMTEDD (inclusive

of Shared Services), through the following channels: o 4 were reported through Riskman o 21 were reported to human resource areas in CMTEDD or Shared Services o 15 were received through other mechanisms (such as RED Contacts).

• As reported on page 76 of the State of Service Report 2018/19, there were 90 reports through

RED Contacts/other mechanisms, 93 reports to relevant HR and 185 reports through Riskman across the service.

• Matters raised with an HR area are assessed and ideally dealt with through an alternative resolution process. This includes interventions such as mediation, facilitated conversations or advice/directions to staff on behaviours.

• A preliminary assessment (as per the terms of the Enterprise Agreement) is undertaken to determine a further course of action, if any. The course of action may include administrative action, referral to formal investigation or no further action.

• Of the 41 complaints received, 8 were referred for preliminary assessment. Of the 8 completed preliminary assessments, 1 was referred for misconduct investigation.

• All officers are reminded of their obligations through regular promotion of the ACTPS Values

and Signature Behaviours. These reminders are provided through the Intranet, printed material displayed in the office and on computer desktops.

• Respect, Equity and Diversity training is run regularly throughout the year with 157 staff

attending training. In addition, new employees were required to attend the CMTEDD Induction Program during 2018-19 which includes an overview of the RED Framework and EAP. The program is currently being updated and will be delivered as part of an e-Induction.

• CMTEDD provides RED training quarterly. This calendar year to date the training has occurred

in February, May and August. There are 24 trained RED contact officers across CMTEDD who can be approached where officers wish to raise issues or seek assistance and an SES Band 3 RED sponsor, Mr Stephen Miners.

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Reconciliation Action Plan (RAP) (Aboriginal and Torres Strait Islander Reporting) (B.9) Annual Report (p. 226) • During the reporting period the Directorate’s Innovate Reconciliation Action Plan 2017-19

(RAP) was completed, consisting of 159 discrete deliverables.

• The Innovate RAP outcomes were acknowledged and celebrated at the CMTEDD Staff Awards Ceremony for Reconciliation. The event took place during National Reconciliation Week (30 May 2019) at the National Arboretum Canberra.

Innovate RAP 2017-19 Key deliverables: Innovate RAP (p. 8) • For the first time in around 200 years, a group of Ngunnawal Elders and strong Ngunnawal

women completed the making of a traditional possum skin cloak demonstrating reconciliation in action. The possum skin cloak was presented to the Australian Capital Territory Legislative Assembly during the 30th anniversary ceremonial sitting by Ngunnawal Senior Elders and Elders through an unveiling ceremony in May 2019.

Innovate RAP (8.1 p. 8) Annual Report (p. 227) • The development and construction of a Bush Tucker Garden at the National Arboretum

Canberra in the Southern Tablelands Ecosystem Park, Forest 20. Plants surrounding the weaving area included plants used by Ngunnawal people for food, fibre, hunting, and medicines.

Innovate RAP (9.1 p.22) Annual Report (p. 223) • In line with the Directorate’s Aboriginal and Torres Strait Islander employment and

retention strategy CMTEDD implemented an Aboriginal and Torres Strait Islander Employment Pathways Program (EPP):

o In 2018-19 CMTEDD piloted the EPP with nine participants. Post the program three participants continued into ABSA programs, two gained traineeships, one continued employment with GIO Stadium and three went on to further employment in the Canberra region.

o In 2019 we implemented the next iteration of the CMTEDD Employment Pathway

Program (EPP). The EPP provides school age students with the opportunity to complete an Australian School Based Apprenticeship (ASBA) that leads to ongoing employment opportunities within the ACTPS. To date CMTEDD has engaged nine students.

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Innovate RAP (9.11 p.23) Annual Report (p. 224) • In 2018-19, CMTEDD established its first staff network for Aboriginal and/or Torres Strait

Islanders. The Network is led by the Senior Director of the National Arboretum, a Wiradjuri man.

Innovate RAP (6.7 p.21) Annual Report (p.224) • Development of resources to support cultural awareness e.g. Acknowledgement to Country

posters, recruitment factsheet to support areas when recruiting to identified positions.

Innovate RAP (5.2 p. 20) Annual Report (p. 227) • Continued delivery of Aboriginal and Torres Strait Islander Cultural Awareness Training

resulting in a further 239 CMTEDD staff completing the training during the reporting period.

Innovate RAP (5.2 p. 20) Annual Report (p. 227) • Approximately 60 SES undertook Ngunnawal Language and cultural learning on 20

November 2018 (provided by Caroline Hughes and Roslyn Brown in conjunction with AIATSIS).

Innovate RAP (9.11 p.23) Annual report (p. 224) • 4 CMTEDD Aboriginal and Torres Strait Islander Staff Network members participated in a

Back to Country cultural immersion activity 18 June 2019 at Tidbinbilla to create a range of culture objects which were later presented to Head of Service Kathy Leigh and Under Treasurer David Nicol.

Innovate RAP (7.1, 7.2 and 7.3 p. 21) Annual Report (p. 224) • Promotion and delivery of events for NAIDOC Week and National Reconciliation Week:

o Promoted NAIDOC Week through email, newsletters to all staff.

o Staff attended the ACT NAIDOC Flag raising ceremony.

o Staff where able to access cultural leave to attend NAIDOC events.

o Sponsorship of the NAIDOC Sportsperson of the Year Award at the annual Canberra and District NAIDOC Awards 2019.

o Sponsored two tables for CMTEDD Aboriginal and Torres Strait Islander Staff Network and non-indigenous staff to attend the Canberra and District NAIDOC Awards Ball.

o Head of Service sponsored a table at Canberra and District NAIDOC Awards Ball for all ACT Public Service Directorate Director-Generals with Aboriginal and Torres Strait Islander employee guests.

Innovate RAP (2.3, 2.5 and 2.6 p.18) Annual Report (p. 227) • Reconciliation in the Park for NRW. The National Arboretum Canberra participated in

Reconciliation Day for the first time in 2019, with an information stand showcasing the recently completed Bush Tucker Garden:

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o The event featured 19 exhibitors, vendors and performers showcasing Aboriginal and Torres Strait Islander products, services and culture.

o An estimated 3,728 people attended the event. Of attendees surveyed, a satisfaction rating of 80% was achieved, with the majority believing:

that reconciliation is important, they want to learn more about reconciliation; and it is important for Canberra to host community events of this nature each year.

Stretch Reconciliation Action Plan: Annual Report (p. 226) • During the reporting period CMTEDD commenced development of our second RAP the

CMTEDD Stretch Reconciliation Action Plan 2019-22.

• CMTEDD adopted a consultative workshop methodology to develop our Stretch RAP. This involved 20 CMTEDD Stretch RAP Working Group Members attending workshops facilitated by Scott Gorringe Murrimatters. This approach was commended by Reconciliation Australia and was considered a benchmark for other organisations developing stretch RAPs.

• The RAP is currently with Recondition Australia for its endorsement. • A key deliverable of our Stretch RAP is providing support for the Ngunnawal Language

Project. Activities to support this deliverable are underway and consist of a three-day workshop that will take place at the beginning of November 2019 to support Ngunnawal Elders in recording both Acknowledgment of Country and Welcome to Country videos in Ngunnawal language.

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Diversity and Inclusion (Human Resources Management) (B.11)

Culture (p.235) • CMTEDD has demonstrated its ongoing commitment to workplace diversity and inclusion

through the continued implementation of the CMTEDD Diversity and Inclusion Strategy 2018-2020 (the Strategy).

• Kareena Arthy, Deputy Director-General Economic Development, is the executive champion for Diversity and Inclusion within CMTEDD.

• Specific workforce initiatives that were conducted in 2018-19 as part of the Strategy to

attract and retain Aboriginal and/or Torres Strait Islander Peoples; People with Disability; people from culturally and linguistically diverse backgrounds (CALD); women; and those who identify as Lesbian, Gay, Bisexual, Transgender, Intersex and/or Queer (LGBTIQ) included:

o implementing our Innovate Reconciliation Action Plan for 2017-19 and commenced development of our new Stretch RAP 2019-2022

o Established staff networks for three inclusion cohorts - Aboriginal and Torres Strait Islanders, LQBTIQ and People with Disability.

o Implemented the next iteration of the CMTEDD Employment Pathway Program (EPP). The EPP provides school age students with the opportunity to complete an Australian School Based Apprenticeship (ASBA) that leads to ongoing employment opportunities within the ACTPS. To date CMTEDD has engaged nine students.

o Established four new identified positions across CMTEDD for Aboriginal and Torres Strait Islander people. As at the end of June 2019, 15 identified positions across CMTEDD were occupied by Aboriginal and Torres Strait Islander People, with nine of the 15 positions filled on an on-going basis.

o Participated in the Workplace Experience Support Program for Culturally and Linguistically Diverse people. Three individuals were placed through the program in 2018-19.

o Participated in the 2018 ACTPS Inclusion Vocational Employment Pathways Program placing four Aboriginal and Torres Strait Islander people and two People with a Disability.

o Successful reaccreditation as a Breastfeeding Friendly Workplace through the Australian Breastfeeding Association.

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o Acknowledgment and promotion of key significant dates/milestones: Harmony Day,

International Day of People with Disability, International day against Homophobia, Transphobia, Intersexism and Transphobia (IDAHOBIT), National Reconciliation Week (NRW), NAIDOC Week, Wear it Purple Day, White Ribbon Day, International Day of Disability

• During the reporting period regular training opportunities were offered to all CMTEDD staff to further develop understanding of Diversity and Inclusion, including: Respect, Equity and Diversity (RED) training; Aboriginal and Torres Strait Islander Cultural Awareness; Disability Confidence; LGBTIQ Awareness; and Domestic and Family Violence Awareness.

• CMTEDD continued to embed the Respect, Equity and Diversity (RED) Framework with Stephen Miners, Deputy Under Treasurer engaged as Executive Sponsor and an active RED Contact Officer Network of 28 staff.

Staffing Profile (p. 241)

• As at the end of June 2019, CMTEDD’s diversity profile consisted of:

Headcount Percentage (%) of CMTEDDs Workforce

Aboriginal and Torres Strait Islander 45 1.8

Culturally and Linguistically Diverse 501 20.2

People with Disability 119 4.8

Women 1265 51

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CMTEDD Staff Survey • The 2019 CMTEDD Staff Survey was conducted in June – July 2019 to measure employee

engagement and identify opportunities for improvement. The survey was conducted by an external provider, Engine, who were formerly known as ORC International.

• CMTEDD achieved a response rate of 77% which is a great result for a first-time survey.

• Overall the survey results were very positive. Specifically, the results indicated CMTEDD employees demonstrate the ACTPS Values in their everyday work, the importance of diversity and inclusion is understood and valued, and employees are happy to go the ‘extra mile’ when required.

• Survey results at the CMTEDD level were released to all employees during the week

commencing 26 August 2019 via All Staff Briefings and the CMTEDD Intranet.

• Senior Executives have communicated business area results to inform local action planning.

• Action planning at the whole of CMTEDD level has commenced. Input on the key areas of focus has been sought from all staff and staff have been invited to participate in future workshops to deign improvements. The areas of focus are:

1 - Improve communication, visibility and accessibility of Senior Leaders and channels of feedback.

2 - Re-vitalise the CMTEDD performance and development framework.

3 - Provide managers with improved support and resources to perform their roles.

• A pulse survey will be undertaken around March 2020 to measure our progress as an

organisation, with a view to undertaking another full survey in March 2021.

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ACTPS Values - page 74 • Activities undertaken by CMTEDD to promote ACTPS values include:

o values sessions in employee induction programs including development of a values video

o CMTEDD’s Diversity and Inclusion Champion and Sponsors continuing to actively lead and support the value of respect within the directorate, and

o conducting our first all staff survey, providing employees with an opportunity to share their views on working in CMTEDD. The survey included questions on how staff feel the directorate applies the values of Respect, Integrity, Collaboration and Innovation.

Bullying and Harassment – page 76 – see separate briefing on Bullying and Harassment Misconduct - page 80 • CMTEDD undertook four misconduct processes which were not referred to the Professional

Standards Unit (PSU) for reasons of timeliness and privacy issues. Allegations made were in relation to inappropriate behaviour, misuse of power and bullying.

• Of these processes, one employee resigned prior to the imposition of sanctions (Access Canberra – Vehicle Safety Standards attendance issues and failure to follow direction).

Misconduct - SERBIR • The SERBIR commenced five misconduct investigations in 2018-19 that were not referred to

the PSU. Allegations were in relation to collusion, corruption, contract manipulation, conflict of interest and misuse of official position for personal gain. Four investigations resulted in no substantiated findings of misconduct and one investigation was still active on 30 June 2019.

• These investigations were not referred to the PSU because the SERBIR/Designated Disclosure Officer engaged qualified external investigators to undertake preliminary assessments and short-term investigations. This was due to time constraints in responding to the disclosers.

ACTPS Respect Equity and Diversity (RED) Framework - page 84 • To promote the RED Framework and reinforce the RED message, in 2018-19 CMTEDD:

o Executives supported NAIDOC Week activities

o Held workplace celebrations of Harmony Day

o hosted a lunchtime panel celebrating the International Women’s Day 2019 theme, ‘More Powerful Together’

o provided a series of Disability Awareness training sessions and hosted LGBTIQ awareness training and Aboriginal and Torres Strait Islander Cultural Awareness training, and

o held a RAP closure event during National Reconciliation Week.

• CMTEDD has 28 RED Contact Officers and one Executive RED sponsor.

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• CMTEDD also held RED overview sessions (separate from formal RED training), regulardiscussions regarding RED issues and a RED network that meets quarterly or more frequently.

• CMTEDD also conducted an “Update your Details” process to encourage disclosure of diversity.

A Diverse and Inclusive Workforce - page 88 - see separate briefing on Diversity and Inclusion

Performance and capability development - page 116 • As reported in the November 2018 Executive Management Group meeting, an estimated 65%

of nonexecutive staff had a Performance Development Plan in place. an estimated 85% ofCMTEDD executives had a plan in place. The CMTEDD performance cycle runs from July toJune.

• To enhance, develop or improve employee capability and performance, CMTEDD employedthe following strategies:

o mentoring programs (including ACTPS Vocational Employment Pathway Programs, Instituteof Public Administration (IPAA) Mentoring Program; and CMTEDD Aboriginal and TorresStrait Islander Employee Pathway Program)

o funded training, secondments and job swap opportunities; and

o communities of practice (CoPs – including the Digital CoP, the Skills Framework for theInformation Age, e-Learning, WHS and Workforce Planning CoPs). CoPs influence bestpractice, encourage standardisation and resourcing sharing.

Managing underperformance - page 118 • One formal underperformance process was commenced and finalised in 2018-19. Satisfactory

performance was achieved at the completion of the process.

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CMTEDD Internal Audit – page 178-179 – B.5

• Eleven (11) Internal Audits were completed during the 2018-19 financial year as indicatedbelow.

• Chief Minister’s Stream had five (5) internal audits:o Fraud and Corruption Prevention Review Corporateo CMTEDD Financial Management Mapping Strategic Financeo Access Canberra Regulatory Review Access Canberra o Records Management Corporate o Digital Cabinet and Budget Security Policy and Cabinet

• Treasury Stream had six (6) internal audits.

• This year four (4) Shared Services internal audits were completed:o HRIMS System Under Development – Gateway 3 Reviewo Long Service Leave Implementation Reviewo Managing Cyber Security; ando Shared Services Implementation of Recommendations Review of the Audit Office Report

No.4 Computer Information System (CIS) Report.

• The final two (2) Treasury Stream internal audits were:o ACT Government Office Projects Review – Property and Venueso Procurement Processes for Construction Contractor Safety Review – Infrastructure

Finance and Capital Works.

• Example Findings from the Auditso Positive findings included:

ACT Government Office Projects ReviewThe Lease Agreements for the Civic and Dickson Office Projects align with the ACTGovernment Office Accommodation intentions.

Managing Cyber Security ReviewWithin Shared Services ICT, the IT Security Function is performing activities toidentify and manage security risks across ACT Government. Roll out of Windows 10is expected to strengthen cyber security risks.

o Areas for improvement are generally focused on improved records management, includinga need to improve documented evidence to support reviews against criteria or process incertain areas. Recommendations for improvement have been agreed to.

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CMTEDD Business Continuity - page 177 Vol. 1 - B4 - Risk Management

Business Continuity Governance: • The CMTEDD Business Continuity and Disaster Recovery Framework is reviewed every two

years. The Framework was reviewed and updated to refer references to the new riskmanagement standard AS ISO 31000:2018.

• The CMTEDD Audit and Risk Committee, and Executive Management Group have oversight ofthe directorates business continuity planning and testing activities.

Business Continuity Planning: • CMTEDD in conjunction with external partners has designed and implemented a

comprehensive schedule for the testing and reviewing of its business continuity and disasterrecovery plans.

• A total of 8 tests were conducted during the period.• The test exercises included desktop scenarios for business continuity and disaster recovery, a

restoration from backup exercise and a live walkthrough business continuity test.• The scenarios tested included: loss of building or access to the ordinary place of work, loss of

critical systems required to deliver essential services; damage to the ACT Government Networkand a security incident that resulted in a sustained outage.

• The largest learning from the exercises has been maintaining corporate knowledge of responserequirements after turnover of staff.

Year BCP Scenario

May 2019 Access Canberra Live walk through. Security Incident evacuation of the building, which led to a business interruption event at the Cosmo Building which was managed in real time.

Mar 2019 ACT Government ICT Disaster Recovery Plan

Insider Threat – multiple logic bomb configuration on ACT Government Network disabling user accounts and access to the @gov network.

Dec 2018 CMTEDD and Control Centre

Loss of access to Nara due to an electrical fire and loss of services contained within Nara that services the adjoining Customs House.

Oct 2018 Revenue Management IT disaster recovery test – restoration from back up test – TREV – Territory Revenue System.

Nov 2018 Access Canberra Loss of access to Cosmo and loss of government critical and business critical systems to deliver business.

Nov 2018 ACT Government ICT Disaster Recovery Plan

Loss of Government Critical system Service Now. Scenario included participation of Access Canberra, the business system owner.

Oct 2018 Shared Services (ICT and Finance and Payroll)

Loss of Access to Winyu due to a kitchen explosion

Sept 2018 Revenue Management Loss of building due to explosion

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CMTEDD Fraud Prevention – page 180 Vol 1 – B6 Fraud Prevention

Fraud prevention: • The CMTEDD Fraud and Corruption Prevention plan, and the CMTEDD Fraud Risk Assessment

which incorporates the CMTEDD Fraud Risk Register were reviewed by an external consultantin January 2019, as part of the CMTEDD Internal Audit Program.

• The plan and the register were updated following changes to organisational structure and theaudit findings that recommended improvements in documentation of controls and proceduresin some areas such as raising awareness and training.

• Two new fraud risks were specifically added, and self-identified by the relevant areas: Grants -that grant recipients use grants funding for unapproved or unofficial purposes; and MajorEvents – that contractors gain financial advantage from CMTEDD without appropriate deliveryof goods or services

Fraud Prevention Awareness and Training • 289 CMTEDD Staff were provided with Fraud Awareness Sessions in 2018 – 2019.

• The sessions were a mix of specific fraud awareness sessions and for new staff fraudawareness is provided as part of the induction training.

• New e-induction training has been developed and will be rolled out to all staff in November2019.

Incidents of Fraud Reported in 2018 – 2019. • The Senior Executive Responsible for Business Integrity and Risk (SERBIR) received five (5)

reports of alleged fraud / misconduct during the period.

• Two allegations were made through internal reporting mechanisms and three allegations weremade through the Public Interest Disclosure Act 2012.

• Four of the cases have been investigated and no fraud / misconduct was substantiated.

• The fifth case was the subject matter of a preliminary investigation at the time that the annualreport was written. The preliminary investigation has been completed and no fraud /misconduct was substantiated.

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Robert Wright, Executive Group Manager

Corporate


Statement of Performance – Summary of Accountability Indicator Variances – Page 156, Volume 2.1

• The Statement of Performance measures the performance of the directorate against eachoutput class in the 2018-19 Budget Statement. The CMTEDD Statement of Performance ispublished in Volume 2.1 of the 2018-19 CMTEDD Annual Report.

• During the year, CMTEDD tracks the progress of all accountability indicators (via theCommitments Register) and reports to the Executive Management Group (EMG) monthly.

• Where the difference between the original target and the actual result is equal to or greaterthan five per cent, a variance explanation is provided.

• Tables 1 and 2 below provide an extract of the Annual Report from pages 156-212, includingthe details of those Accountability Indicators not met by 5% or more (Table 1) or exceeded by5% or more (table 2).

Key variances not met by less than 5% • Access Canberra did not meet three of its indicators but all variances were 4% or below.

• EventsACT had one indicator (economic activity from Floriade) not met by 3.5%.

• Shared Services did not meet two indicators concerning Service Standards timeframes, at 3%or less.

• ACT Property Group did not meet any of its three indicators (on occupancy rates, satisfactionwith management of aquatic centres and square metres of office accommodation) but allvariances were 2% or below.

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ACT Executive – page 292, Annexe – ACT Executive (reference to open access website only, no details)

Travel • Official travel to further the interests of the ACT is a component of ministerial duties. The

majority of official travel is domestic and predominantly relates to Council of AustralianGovernment meeting requirements.

• Overseas travel undertaken by ministers is in accordance with the international engagementstrategy, a public strategy that provides a clear commitment to building enduring internationalrelationships for the economic, cultural and social benefit of the territory.

• Ministerial Statements providing advice around the details of international travel, includingdestinations, objectives and benefits for the Territory, are generally delivered by relevantMinisters within the first sitting period after the travel has been undertaken.

• The ACT Executive continues to provide quarterly reporting of both Ministerial and Ministerialstaff travel in line with open access requirements.

• Information about official travel can be found on the ACT Government Open Access Website.

Key Information • The ACT Executive quarterly reports on official travel undertaken by Ministers and staff include: dates

of travel; destination; reason for travel; and total cost, broken down by airfares (or other relevanttransport method), accommodation, transport and travel allowance paid to Ministers when travellingdomestically and all staff who travel internationally (based on the current ATO tax determination onreasonable travel costs).

• Reports are published for each quarter (two months behind), after credit card, airfare and other finalinvoices/receipts are available and reconciled.

Collated information on International TravelInternational Cost

2017-18

Ministers Only 8 $95,724

2018-19 Ministers Only 11 $97,727 Staff Only 1* $2,790 Staff travelling with Ministers 11 $102,816 Total $203,333 *The staff only trip was to Jakarta for a scoping mission for a future ministerial delegation.

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Open Access Reporting

• In line with open access requirements, the ACT Executive publishes Ministerial diary, traveland hospitality expense disclosures on the ACT Government Open Access Informationwebsite.

• Travel and hospitality disclosures are prepared by Executive Support. The disclosures areapproved by the relevant traveller and the Chief Minister’s office before being uploadedonto the website by Executive Support.

• Diary disclosures are prepared by Ministerial Office Manager’s. The disclosures are clearedby the Chief Minister’s Office before being uploaded onto the website by ExecutiveSupport.

• Reports are published by the end of the second month in the following quarter.

Eighth Minister

• The eighth ministerial position was established in August 2018.

• Funding of $910,000 for the minister and staff for the rest of 2018-19 was providedthrough a Treasurer’s Advance of $549,000, and the transfer of $361,000 from the Officeof the Legislative Assembly (OLA). The OLA transfer amount represented the cost of theMember and staff transferred from the OLA to the ACT Executive.

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Sustainability – page 243 – B.12

• CMTEDD has a Resource Management Plan that sets out key principles of integrating efficientand effective use of resources within our operation. CMTEDD monitors its energy use andreport our emission performance to the Executive Management Group (EMG).

• CMTEDD has achieved its 2018-19 emission targets for Chief Minister stream (result -5.2% vstarget -1%) and Treasury stream (core) (result -17% vs target -1.5%). ACTPG Vacant Premisesachieved an 83% emission reduction, below our target 90% reduction. The target was setagainst the 2017 emission from gas and transport fuel use.

• In 2018-19 CMTEDD as a whole reduced its electricity use (-5.4%) and natural gas use (-30.5%),mainly due to the full year impact of consolidation of office accommodation, reduced energyuse from major venues (i.e. GIO Stadium), and reduced gas use for space heating.

• CMTEDD reduced its transport emissions by 1.4% in 2018-19. The reduction was due todecreased number of vehicles (from 197 to 195), and transition to low emission vehicles(electric/hybrid) (from 17 to 23).

• For transport fuel use, diesel use is reduced (-2.1%) but petrol use is increased (+3.3%). Thechange is due to the replacement of several diesel vehicles with petrol/hybrid models.

• CMTEDD reduced the reams of paper purchased by 39.5%. Reduction is due to the increaseduse of Electronic Document Records Management System, adoption of ‘PaperCut’ Printingtechnology, and transition to Digital Customer Services within the directorate.

• There is an overall reduction in waste and recyclables generated in 2018-19, with waste tolandfill (-20.7%), comingled recycling (-29%), and paper and cardboard recycling (-12.5%). Themajority of CMTEDD offices and major venues (Arboretum, EPIC, GIO Stadium, Manuka Oval)are accredited Actsmart Business Recyclers.

• The directorate promotes ecological sustainable development via our operations and services.o Facilities energy efficiency upgrade and advisory services (ACTPG)o Recycle ICT assets and packaging (Shared Services ICT)o Sustainable procurement (IFCW, Procurement ACT)o Sustainable events/Actsmart Public Events (Events ACT, Venues Canberra)o Support sustainable innovation, trade and investment (Economic Development)

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Office Accommodation – page 264 - C.4

• As at 30 June 2019, CMTEDD occupied a total of 27,382 square metres of office space across10 office locations.

• The average area occupied by each employee is 12.6m2. The ACT Property Group target(Accountability Indicator 9.1b) is 14.5m2/person.

Location Staff

Numbers 18-19

Area Occupied (m2)

18-19

Staff Numbers

17-18

Area Occupied (m2)

17-18

Staff Numbers % change

Area Occupied % change

Winyu House 742 7,410 680 7,410 9.1% 0.0%

Canberra Nara Centre 506 6,388 539 6,388 -6.1% 0.0%

Cosmopolitan Centre 313 3,726 290 3,726 7.9% 0.0%

220 Northbourne 167 2,464 191 2,464 -12.6% 0.0%

Dame Pattie Menzies House 74 1,321 91 1,725 -18.7% -23.4%

255 Canberra Avenue 81 1,378 80 1,172 1.3% 17.6%

221 London Circuit 62 761 55 761 12.7% 0.0%

TransACT House 119 1,407 119 1,407 0.0% 0.0%

Callam Offices 13 795 25 795 -48.0% 0.0%

Nature Conservation House 97 1,732 99 1,732 -2.0% 0.0%

2,174 27,382 2,169 27,580 0.2% -0.7%

Change explanations • Winyu House - There has been an increase in staff numbers due to project-based work.

• Canberra Nara Centre - Staffing changes due to internal restructuring in CMTEDD divisions haseased congestion in ABW environment

• Cosmopolitan Centre - The count last year was for actual staff numbers, whereas this year’snumbers indicate workstations available (as per notes in report).

• 220 Northbourne Avenue - No one single reason for drop in numbers across all 4 floors, butincluding retirements, contracts finishing etc.

• Dame Pattie Menzies House - Staff numbers have reduced following the consolidation ofAccess Canberra staff to TransACT House and the Mitchell Customer Services Centre. The areaoccupied has concurrently reduced from 1,725 to 1,321.

• 255 Canberra Avenue - ACT Property Group moved into an ABW environment inFebruary 2018. This occupied area, in addition to the Access Canberra tenancy at 255 CanberraAvenue, was not accurately calculated in last year’s report. This has been corrected.

• 221 London Circuit - The increase relates to previously empty positions being filled.

• Callam Offices - Shared Services relocated project staff back to Winyu House.

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Emergency Management – no specific section included in Annual Report

Emergency Management Governance • Each CMTEDD site or location has an emergency control organisations (ECOs) in place, wardens

and first aid officers with associated emergency management plans and procedures. For example: evacuation plans.

ECC – Emergency Coordination Centre. • The CMTEDD ECC Protocol and Operating Procedures are updated annually, prior to the

Bushfire season and Christmas shutdown period. • Liaison Officers attended an internal refresher training on 6 September 2018. A site visit of the

ESA Headquarters Fairburn was also held on 17 September 2018. • Updates for the 2019 / 2020 period has commenced.

Crowded Places Assessments • Events ACT completed a Crowded Places Self-Assessment for Floriade 2018 and actively liaised

with ACT Policing regarding the 2018 event. Additionally, the CMTEDD Agency Security Advisor worked with Events ACT Staff to ensure that the Crowded Places Risk Assessments were completed as required for the summer events calendar.

• Strategies being implemented to improve safety include use of mobile bollards and mobile CCTV cameras

Bushfire Preparedness – L.1 of JACS Annual Report • The CMTEDD Bushfire Preparedness Framework has been reviewed by respective areas who

have responsibility for identified assets within the bushfire prone zones. • The responsible areas have also reviewed and updated their respective Bushfire Operations

Plans (BOP) and Elevated Fire Danger Action Plans (EFDAP).

Bushfire Preparedness - Activities • Stromlo Forest Park – annual BOP activities continue to be actioned. Previously felled pines

within the park will be chipped to further reduce fuel levels along fire trails/breaks. • National Arboretum Canberra - The entire Arboretum has been mown to a consistent low

height; contractors have serviced all the equipment. Boundary fences are intact and inspected. • Strathnairn – annual BOP activities continue. Strathnairn Arts Association as licensee for the

site has completed scheduled maintenance requirements for the site, including fuel reduction, fire protection zones, and the updating of emergency plans.

• ACT Property Group – property managers continue to work closely with lessees both residential and non-residential to ensure prevention and maintenance activities are completed including, reduction in potential fuel loads, fire protection zones, water tanks and water pumps are fully operational, gutters are cleaned and free from debris, properties are fire ready and fire safety plans are in place and known.

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Freedom of Information – page 81 – B.7 • 351 applications were received during 2018-19.

• 365 applications were finalised in the reporting period (14 carried over from the previous

year). The completed applications were finalised as follows: o 74 applications the requested information was released in full.

o 165 applications the requested information was released in part.

o 64 applications the requested information was refused.

o 41 applications were withdrawn.

o 21 applications were transferred to another agency.

• The average processing timeframe for 2018-19 was 12.5 working days.

• The average number of pages released per requested (partially or in full) was 85. • The total number of pages released in 2018-19 was 25,785.

• Information Released - The majority of applications received by CMTEDD result in a decision

to partially release documents. This primarily reason for redacting information is due to personal privacy concerns, followed by prejudicing business affairs. A decision is classified as ‘partially released’ even if only a single redaction is applied.

• The majority of cases where access to information was refused was primarily due to the

information requested not being in the possession of CMTEDD. • Nature of Request - The most common type of application is for information held by Access

Canberra and include request for building files, WorkSafe ACT investigation reports, and complaints managed by Access Canberra. These documents by their nature often include the names of third parties or information about third party businesses. This information is removed when permitted by the Act.

• Timeframes - CMTEDD met the statutory processing timeframe for 363 applications. • 2 applications were not decided within the statutory timeframes both exceeded by 10 days.

Both related to applications being sent directly to business units rather than the central team, which resulted in lost time. The appropriate notifications where undertaken.

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• Review - 16 applications to Ombudsman for review of CMTEDD decisions, 3 were affirmed, 5 were withdrawn by the applicant. The Ombudsman varied 1 decision and set aside 5 decisions. There were 2 Ombudsman reviews pending at the end of June 2019. There were no applications for review by ACAT.

• Fees - To date CMTEDD has not charged any fees due to some ambiguity in the wording of the Act. Amendments to the Act which commenced on 15 October 2019 have resolved this issue.

• Publishing - CMTEDD published 385 open access documents during the year made up of 209 access (FOI) requests published on the disclosure log, information relating to 146 cabinet decisions for the Chief Minister and 30 open access documents published on the Open Access portal.

• 11 Cabinet decisions and 165 access (FOI) requests were not published. The 165 FOI access requests that were not published were primarily due to the request containing the personal personal information of the applicant. The Act specifically prohibits the publishing of this information.

• Personal information - There were no requests from individuals to amend their personal

information.

EDT—05-11-18 16 Mr A Barr and others

programmed—their end January date includes that testing regime. Their advice to us is that services will commence at the end of January. Of course those tests have to be successfully concluded before services can commence. Those services run from everything from patronage experience, safety, the national rail track operator has to certify it, our independent certifier has to certify it, the electrical work has to be certified by our regulator. There are quite a number of steps to go in that. That is the program to occur before services commence. THE CHAIR: We will put a pin in it there. We will have a 10-minute break and come back at 10.40. Hearing suspended from 10.26 to 10.37 am. THE CHAIR: We are now moving to government policy reform, coordinated communications and community engagement and digital strategy as well as the executive and territory records. I will kick off by asking about the review of the Land Titles Act. What is the purpose of that review? Can you give me an explanation of what it will include, when it will be completed, who is doing that review, and will it be open to community consultation? Ms Croke: Mr Hanson, would you mind if I get a little bit more information and come back to you on that one? I do not have anything at the moment, but I know it would not take me very long to quickly get some details on that. THE CHAIR: I am happy with that. I will move on, but once you have that information we will come back to that later in the hearings. MS ORR: Chief Minister, what policy challenges are being presented by the ACT’s above average population growth fuelled by strong economic and jobs growth? Mr Barr: They do say economics is a dismal science, and sometimes rapid growth can present challenges for service delivery, particularly when the extent of that growth has not been well captured through many of the data sources we rely upon. It has been a cause of some concern that for the past few census periods there has been an undercount. Indeed, between each five-yearly census there has been difficulty on the part of the Australian Bureau of Statistics in accurately measuring Canberra’s population growth. Many of the projections and many of the federal financial relations decisions are measured with their point of measurement being the estimated population for the states and territories. The most recent, the 2016, census found the ACT’s share of national population to be greater than the ABS had been projecting. And that, amongst other things, has led to the territory having a third lower house seat in the federal parliament. It has meant that our share of national GST revenue was underdone for half of that five-year period and has been corrected only at the more recent distribution as a result of the ACT having a greater share of the national population. This also presents challenges in the service delivery area as we rely upon ABS population data to project forward on the provision of health and education


services, for example, amongst other areas of service delivery for the territory government. I think it is clear, as this has been happening consistently, that the methodology to measure internal movement within Australia needs to be improved at a national level. That really can only come from increased resourcing to the Australian Bureau of Statistics. This is the one area of measurement where they appear to have the greatest difficulty, relying on things like people changing their address with Medicare, for example, as a data source. We appear to be very good at tracking when someone is born and when they die. We are pretty efficient it would seem at knowing when people migrate into the country and when people leave. There is pretty robust data in relation to those elements of population growth, but internal movement within Australia has proved to be quite challenging to measure. That has implications on the revenue side for the territory because there are many national partnerships that use a population measure as a determinant for funding, the GST being the most significant of those. We see on the expenditure side and on the demand side that there is increased population. That can come through enrolments in schools, presentations in the health system and demand for various community services. We do not always get the commensurate funding flow that matches that level of increased population. This area needs to be improved. We are not the only state or territory in this position. I know my Victorian colleagues have also expressed concern with Victoria and the ACT being the two strongest growing jurisdictions in Australia in this point in time. We face common challenges through that increase in population. On the other side of the equation, though, it would be fair to say that the increase in population means that a range of economic, social and cultural activities that would not have been viable for our region are increasingly becoming viable for our region. Clearly people will have a variety of views on the arrival of international flights and major international retailers, improvements in diversity of the hospitality industry in the city, the range of events and cultural activities that we can support, from major touring shows at the theatre centre to test match cricket to you name the range of activity that was not previously possible in Canberra and now is because our economy is larger. Population growth has its advantages and its challenges. Clearly, as we project ahead for the next 10 years for this city the expectation is that we will reach half a million people on the current rate of population growth, and that necessitates further planning for transport infrastructure, for example, and the need to augment social and community infrastructure in a variety of different locations. But it also presents the opportunity for more new precincts to emerge, for older precincts to revitalise and for the sort of critical mass and economic activity that may have once been in a particular part of Canberra to return as population levels increase or, in some instances, return to what that suburb or region used to have at one point in its history. The settlement patterns in Canberra have been such that the new areas that are


developed tend to be the fastest growing areas in Australia. They see very rapid population growth, and most Canberra suburbs see their population peak early in their lifecycle and their history. There is only a very small number of suburbs that now have more people than they did during the period they were first settled. Despite increased density of housing in some areas, they still had more people in earlier parts in their history. That is a point perhaps not well understood by some, but if you go back and look at the population of each individual suburb over its history, you will see that a lot of inner Canberra suburbs had their population peaks in the 1960s and 1970s and even with urban renewal have not yet got back to that level of population. MS ORR: You mentioned that net intrastate migration has been one of the largest contributors to variance in the population figures. We have had an update of the census. That has obviously been very helpful at putting us where we are but, given that we will not have another census for five years and working on the assumption that intrastate migration measurements do not improve, does this mean we could still see a little bit of— Mr Barr: Yes, I think that still remains a risk until there is either a further investment in the resources available to the Bureau of Statistics or some new methodology. Clearly various data sources are available. Perhaps your address with Medicare is not the best source data. Most people have mobile phones so the home base of a mobile phone would be one practical example. That is certainly being talked about as a trial in the context of tourism statistics: moving away from paper-based survey collection for tourism data and looking at more real time as to where people are as they are on social networks and mobile networks or their expenditure patterns. There is a trade-off around privacy and aggregating of data and the like, but it is going to become increasingly the case, given how much we rely upon the accuracy of this data to properly fund service delivery, that these sorts will have to be looked at. And even if it is matching data from across a variety of government data sources to get a picture of internal movement within our country, that will be important. It clearly has to be undertaken with a view to personal privacy as well. MR PETTERSSON: Do you have any thoughts on the commonwealth proposal for the ACT to take over service delivery on Norfolk Island? Mr Barr: This one emerged, I was going to say from left field because it came from Prime Minister Turnbull—people may or may not agree with that characterisation. The Prime Minister WhatsApped me and said, “I want to talk to you about this”—very modern way of communication—ahead of some more formal engagement with the commonwealth. Obviously since this has become public a variety of views has been expressed over, firstly, whether Norfolk Island should have had its self-governance removed through to the effectiveness of current service delivery and regulatory support through New South Wales to this prospect of the ACT taking over service delivery. Obviously, following the change of Prime Minister and a change of minister again in


relation to the territories, there has been no further progress on this question. I have received correspondence from a self-described council of elders on Norfolk Island outlining a wide range of concerns in relation to their current arrangements. I must say I have a great deal of sympathy for the position they have put, and I indicate that the ACT is not rushing into service provision on Norfolk Island. In fact I would consider it highly unlikely that we would become involved. Nevertheless, I will hear out the commonwealth on this matter. The new minister has reached out. We had a meeting scheduled; it was cancelled at the request of the federal minister as the result of a busy sitting week. That is understandable; these things do happen. At this point, no further meeting has been scheduled and I would not anticipate anything being resolved in this current term of the federal parliament. The ACT has a long list of questions and concerns in relation to any potential involvement that we might have not least of which are the logistical issues associated with delivering services in that environment. But, that said, we will keep an open mind. I will hear the commonwealth out on this matter, but a range of obvious issues and hurdles would need to be overcome, amongst which would be that Norfolk Islanders would want the ACT to assist in service provision. I think that is a necessary prerequisite. Clearly we would need to have direct aviation access to Norfolk Island in order to be able to provide service. The commonwealth would need to meet all of our costs associated with service delivery. They would be three immediate issues that would need to be addressed. First and foremost, though, we would need the support of Norfolk Islanders. Given the tenor of the correspondence from the council of elders on the island, I suspect that there are a range of issues they would wish to work through with the commonwealth before engaging with us, and I think that is appropriate. That is a fairly detailed way of saying nothing is going to happen soon, and I do not think anything should happen without the support of Norfolk Island. ACT taxpayers should not be out of pocket in any way, and there is a range of very practical logistical issues that would need to be addressed, all of which says to me that this will not be resolved quickly. From the vantage point of where we are now it would be highly unlikely that the ACT would be providing services on Norfolk Island. MR PETTERSSON: You have outlined a lot of problems. Are there any benefits to this proposal? Mr Barr: I am struggling to see them at this point in time, but I am aware that there is a challenge and a problem for Norfolk Island. One would have thought when the changes were made that these issues would have been thought through and addressed. They appear not to have been to the satisfaction of either the New South Wales government or the commonwealth government or, indeed, the residents of Norfolk Island. I struggle to see how we are necessarily best placed to provide a solution for all of those disparate views. So at this point, unless there is a very clear way forward and a


clear understanding and a clear benefit to Norfolk Island residents and to the ACT it would seem, as I said, highly problematic. But I remain at the table. We will talk with the commonwealth. We will talk with Norfolk Island residents if that is the direction that this heads. I note they have invited me to visit. I will not do that ahead of further discussions with the commonwealth and undoubtedly further discussions with their local federal representatives after the next federal election. MR COE: Is it possible that it could operate in a similar way to the school in Jervis Bay or Wreck Bay? Mr Barr: Conceivably, but there are arguments that even that is not working effectively. We were in negotiations with the commonwealth and the New South Wales government to change those arrangements; then New South Wales just unilaterally pulled out under the new Premier. The reality for this will really depend on the attitude of the New South Wales government after their election in March and, clearly, the commonwealth’s position after their election in May. I would not expect there to be any further significant progress on this issue until both of those elections have passed and there is a degree of certainty in terms of even just the basics of which minister you are dealing with and which prime minister. This has changed; there is no continuity. As a personal favour to the then Prime Minister when he contacted me and we spoke, I said, “Yes, I will look at this.” When the Prime Minister rings and asks, you would generally want to at least give it a fair hearing. The issues I have raised with the committee were the issues I raised with the Prime Minister, but I said, “I will hear you out.” He is now no longer the Prime Minister. Prime Minister Morrison, perhaps understandably, has not had this as the highest issue on his agenda, and we have not spoken about this. The office of the assistant minister who has responsibility for the territories has reached out. We had a meeting scheduled. It was cancelled because they were busy, again understandably, being new in the portfolio. Hopefully, at some point we will reconvene, but it remains firmly in the commonwealth’s court. The issues I have outlined today will remain issues of concern for the ACT, but in the end I think what will be necessary to get an outcome is that the preferred position of Norfolk Island be very clear. MR COE: Would it require a change to the self-government act? Mr Barr: I do not believe so. MR COE: I was just wondering about the remit. Mr Barr: Yes, indeed. I guess that would be part of any potential consideration. If it were just contracted service delivery, possibly not. But there are just so many practical challenges in this regard that we would need those addressed before we could— MR COE: In some ways, if it does require a change of the self-government act, it


makes it pretty close to being a bipartisan step by the commonwealth. Mr Barr: I think that is correct, yes. At this stage, I note that the service delivery arrangements with New South Wales continue into the 2020s, so it is not an immediate issue. As I say, I have reservations, but I am open to how the commonwealth might address those. MS LE COUTEUR: I want to talk about how we are going with deliberative democracy. I think this would be the appropriate time. I am not particularly wanting to go through the details of the CTP, given that there is another committee working on that, just to make it clear. Mr Barr: I am sure we will be talking about all of those issues extensively in other fora. MS LE COUTEUR: I am not trying to talk about that. We have done four projects so far. How are you going with them, and where do you see the future? Mr Barr: I will invite Ms Perkins to outline that. Ms Perkins: There have been four projects undertaken over the past 18 months or so. You mentioned CTP. There have also been better suburbs, the carer strategy, and the collaboration hub for EPSDD. Carers has gone through its process, and the findings of the carer strategy are informing the work of CSD moving forward on how government can provide support to carers in our community. The housing choices collaboration hub has recently concluded, and that work is providing input into the government’s decisions on housing for Canberrans; and better suburbs, too, for municipal services, with TCCS. Obviously the detail of those projects may be best requested from the individual directorates that are responsible for them. With those four, the key commonality is the significant amount of evidence and research that are prepared to inform the various participants on those panels. Obviously there is a huge volume of information. These deliberative processes are providing the participants with really detailed evidence and research to think about all of the complexities of these issues and all of the trade-offs that go into decision-making, rather than what we have seen with more traditional community engagement, where individuals are quite focused on their own individual view and do not necessarily think beyond their individual view or perspective and the various trade-offs and complexities that go into decision-making. Obviously we are still on quite a journey, and there are evaluations to be undertaken for each of those processes. But I think that it is fair to say that we are all learning a great deal in the amount of time and effort that goes into these deliberative processes. The real benefit is in often helping to take some of the heat out of engagements, providing a far more considered view of the engagements, and having far greater transparency of the various complexities in these issues. MS LE COUTEUR: One of the comments I heard from a number of people was that


it was hard to see how the minority fringe issues were engaged with. Whatever the issue is, we all know that there are outliers. They are not quite one-offs, but there are people whose views would not be represented at these groups because you are only talking about a group of around 50. How are those views being integrated into this process? Ms Perkins: One of the very important steps that government has put in place over the past couple of years is research to support community engagement projects, particularly with these very complex policy issues. The CTP example is probably a good one in that there was a range of ways that the broader community could provide their input into the process. A survey had been conducted a couple of years ago to gauge the Canberra community’s understanding of CTP. Based on that, we understood that the community’s understanding of CTP was pretty low. Before the CTP citizens jury process was underway, there was a statistically sound CATI phone research program put in place. I think 600 or 1,000 members of the community were able to participate in the CATI survey. That survey, which was a professionally designed survey, was also provided on your say so that individual members of the community could have their say on your say. There was also the opportunity for any member of the community to provide written submissions. Those various pieces of input were used to inform the citizens jury. And I think it is important to say with the citizens jury that the process with the recruitment was stratified to broadly represent what the Canberra community looks like. MS LE COUTEUR: I am aware of that, but I am also aware that there are people who are outside the ends of the bell curve. I was told that with the carers process they put in some effort to try to find some of the people who were on the fringes of the bell curve, because carers have so many really different issues depending on the problem with the person they are caring for. In the other cases, clearly your stratified population is the middle of the bell curve, not the ends. And that is the question: how do those views get heard? We get to hear about them because people get very upset and let us know about it, but they may not in a circumstance like this. Ms Perkins: Each process will be individually designed to address those issues and to work through who those difficult to reach people are and how we are going to capture those views. There is not a one size fits all depending on the issue or the policy that is being worked on. I probably cannot state enough the importance of that research where we really make sure that we get the broad views of the community. And we are currently going through a procurement process for the new online insights community which we spoke about at the last hearing, which will provide another way to broadly reach representative members of the community. It, too, will be stratified. We will need to make sure that we have that statistically balanced sample of Canberrans so that we can much more easily and quickly get to, hopefully, large numbers of people. MS LE COUTEUR: As you would be aware, last year the Assembly passed a motion looking for part of the TCCS budget to be framed using participatory budgeting


methods. Is the intention to use better suburbs for that or is there some other plan? Ms Perkins: I think I would need to defer on that, to either the Treasurer or the minister. Mr Barr: Obviously, that is part of that better suburbs program. We would certainly align with the direction of the Assembly motion and the government commitment. I will take on notice whether there are other programs in other directorates that would also align there, but we would also want to evaluate the effectiveness of the initial approach. MS LE COUTEUR: I was more meaning whether that is the only thing that is going to be done in terms of fulfilling the Assembly’s direction in terms of a participatory budget. I would be really delighted to hear about more, but I am just checking that. Mr Barr: As I say, I will take on notice whether there are other proposals within other directorates on that question. MS LE COUTEUR: Are you planning to do more participatory democracy? Ms Perkins: Yes. In general, with the approach that we are taking across government, we are talking more about deliberative approaches to engagement. When we talk about deliberative approaches, we really want to make sure that in our approaches we provide the space for all of the issues and all of the views to be transparent and for all participants in those engagements to understand all of the different viewpoints so that the complexities of decision-making are very clear to all of the participants and for everyone who wants to have their say. It is another term for participatory democracy, but we are very much just trying to focus on a very deliberative approach. Mr Barr: I guess the community’s trust in the process will be reinforced if we are able to uphold the commitments that emerge out of these processes. MS LE COUTEUR: Absolutely. Mr Barr: In relation to the better suburbs program, or indeed the CTP reform, if the first act of the parliament is to completely disregard the views of the citizens jury in relation to CTP, for example, you could understand why there would be a degree of cynicism about any further programs in that area. MS LE COUTEUR: Absolutely. You have talked a lot about the quality of information. I agree that that is a really important and very positive thing. Will this focus on quality of information go out into the broader consultation that the government is doing? Without wishing to be too impolite, some of it is not being characterised by excessive amounts of factual information. Ms Perkins: I think one of the ways that government is demonstrating its commitment to the better information that is provided in our engagements is that in February of this year a whole-of-government communications and engagement strategy was released for the first time. That was the first time we actually put together all of those conversations that we needed to have with the community


looking ahead, as well as all of the important public information campaigns that we need to provide to the community throughout the year or a couple of years. That was a first step for us in making sure that at least we had visibility of the most important engagements and public information campaigns to make sure that we have the time to prepare them adequately, that we are focusing our efforts on those that are of the most importance to the community and to the strategic priorities of government. That was a real step forward for us to at least have that sort of line of sight of what was going to come through so we could focus our efforts accordingly. We are in the process of updating that at the moment following on from this year’s budget to again look forward through to the end of next year. I think the most important thing for those of us working in communications and engagement is making sure that we are focusing our efforts on the most important issues and policies for government. One of the things that we did in there also is provide some advice about the language that we are using. Sometimes we use all of the different phrases quite interchangeably, which really has problems for us with expectations of what we are consulting on. Perhaps we are just providing information, but people think that we are therefore going to make changes based on their input. So we are very much focused on capacity building in the public service to be very clear about what we are engaging on, what is up for grabs, what is the complex issue that we are working through, and what is the problem that we are trying to solve. It is really important that we do that capacity building across the service, that we are sharing the stories of lessons learnt in this. It really is an emerging field here in the ACT. There are not a lot of people who have done this professionally. So we are focused on trying to build up that capacity and skill ourselves while we go through this journey. MS LE COUTEUR: Can I make one final small practical suggestion? Could you have a more useful search function on the your say website? I often look at things there and I obviously do not categorise them in the same category as whoever puts it together. So all I can actually do is go through all projects; go down and down and down. There is such a lot of stuff there. People frequently complain to me that they have not got enough time to do all of the consultation the government asks of them. They find it very difficult to find out the really important ones versus the others. Right now it is all full of public housing DAs, which seems to be overkill for some people. I appreciate the sensitivities that got them there. Maybe there could be a side section or something rather than your first page being virtually 100 per cent DAs for two buildings. Ms Perkins: Yes, noted. We are working on it. We are in the process of working through a procurement because we will need to go back to market in the new year for a provider for our online engagement. We are very familiar with those challenges and how we can structure it in an easier to follow way. MS LE COUTEUR: Great, thank you.


MR COE: Speaking about online engagement, I have a series of questions with regard to the creative services panel. I note that that contract arrangement is now worth $50 million. What is the reason for that increase? Ms Perkins: No, I do not believe we spend anywhere near $50 million on the creative services panel. The creative services panel was put in place for the service categories of marketing, advertising, production, communications and engagement, digital photograph, and video and graphic design. I think the estimated value of the services is around $2 million a year. That comprises about $1.3 million of campaign advertising and $700,000 of non-campaign advertising. MR COE: I refer to panel 27954, which is on the contracts register, for the whole-of-government creative services panel, non-consultancy and anticipated panel amount, $50 million. Ms Perkins: I am sorry, Mr Coe. I think I have provided an incorrect answer there. I think what I was talking about with the $2 million is the media placement. In terms of creative services, I might need to take that on notice to provide some of the breakdown of what goes in behind that. MR COE: Okay; it is a $50 million panel. So we are talking big money. It looks like there are 50-odd companies that are listed on that panel. It has recently gone from $30 million to $50 million. Ms Perkins: Yes, I do not believe that we spend anywhere near that amount of money. But I will take that on notice to provide a breakdown. MR COE: What was the basis of it moving from $30 million to $50 million? Ms Perkins: I could not tell you the procurement details that sit behind that. I will take that on notice. MR COE: Okay. From what I gather, it looks like the panel amount increased, after the execution date of this panel, from $30 million to $50 million. Who would be responsible for this? Ms Perkins: We will check in with our procurement colleagues. MR COE: Yes, I understand the procurement side of things, but who is actually responsible for overseeing this panel? Ms Perkins: I am. MR COE: Right. If something has gone from $30 million to $50 million, Chief Minister, is that something that you authorised? Mr Barr: No, unless it has been through the—it would be budget appropriations. There would be authorisation in that regard. But we will take on notice the specifics of your question. We may be able to get some information today in relation to that.


MR COE: How does the panel work? How does it operate? How do people get selected for jobs? Ms Perkins: There was an extensive process put in place to qualify providers to be on the panel. There is now a panel setup, through procurement, against those categories that I mentioned before. In terms of getting work through that panel, our colleagues across government lodge requests for work through the panel. We actually have lower thresholds for seeking work on the panel because typically the amounts of money that are spent on these sorts of services are quite low. They are in the sort of $1,000, $2,000 categories. There are thresholds. They may go to a certain number of people within those categories to seek quotes for that work. MR COE: The anticipated panel amount is $50 million as per the contracts register. It would suggest that there are some large contracts going through. It is not just $1,000 or $2,000 here and there. Ms Perkins: As I said, Mr Coe, I am fairly confident that we do not spend anywhere near that amount of money, but I will check that. You would also see from the reports that are tabled through the independent reviewer twice a year that the campaign advertising amounts of money go through the independent reviewer process. Those campaigns are fully detailed in those twice-yearly reports. MR COE: What sorts of jobs would be commissioned through this panel arrangement? Ms Perkins: It might be advertising campaigns; it might be photography. We use photographers for all sorts of things. It might be for any form of public information. There are obviously engagements. Sometimes we source external support for engagement strategy and implementation. It may be video production, although we do predominantly do the majority of that in house. But it is typically for the public information campaigns that are outward facing campaigns. MR COE: If things like photography, video production or engagements are used for events, that is unlikely to get captured by the campaign reviewer. Ms Perkins: Yes, sure, there are some categories that do not go through the campaign reviewer. MR COE: Can you take on notice the amount that has gone through the campaign reviewer and the amount that has not, and if there are any core categories. Given that there are 50-odd companies or suppliers on this list, do you ever go beyond this list for creative services? Ms Perkins: There would need to be a reason why the services could not be provided from those suppliers that are on that panel. If it was existing work for which work orders were in place before the panel came into being, that would be an exemption. But, no, we strongly recommend that people only use the suppliers on the panel. MR COE: What would be a legitimate reason for going outside one of these 50-odd companies?


Ms Perkins: It would be pretty tough for me to find any reason to go outside of these companies. MR COE: In terms of the spending that is done in different directorates, they would also access this whole-of-government panel? Ms Perkins: Yes. MR COE: Would the expenditure for other agencies such as Transport Canberra—TCCS would have a big budget for engagement—come out of that same bucket or does that come out of a different bucket? Ms Perkins: Individual agencies have their own funding for their own public information campaigns. Whilst they would access those services, it would go through their directorate. MR COE: I guess it begs the question of what this panel amount actually means. If it is whole-of-government but it comes out of different agencies’ buckets of money, what is the relevance of a panel amount— Ms Perkins: There certainly are codes that we can go and check against for the different categories that fall within there to be able to provide that amount of money that we are looking for in the total amount. MR COE: Do you get regular reporting on which panel has spent what on work and the total amount of money that has gone through? Ms Perkins: Yes, we do. We have some annual reporting in place. We are about to do a review of the panel that has been in place for just on a year. MR COE: Is there any reporting in the annual report about the total expenditure? Ms Perkins: No, not on the panel, there is not. MR COE: Chair, if I can be so bold as to make a recommendation for your committee, that might be an apt recommendation. THE CHAIR: I will take that on board. Thank you very much, Mr Coe. I note that the time has moved on. We will now open up to innovation, trade and investment, as long as you are happy, Chief Minister. Are there remaining questions from the previous area of ACT executive and coordination? Mr Barr: It is a completely different set of officials. Can we wrap up, like we did last time, any further questions? THE CHAIR: I am assuming that there are no further questions. We will move on to innovation, trade and investment unless we have the— Mr Barr: Yes, we do.


THE CHAIR: We do? We have the update. Fantastic! This is the review of the Land Titles Act that is on the go. Ms Croke: Our regulatory reform team in policy and cabinet are looking at reviewing the Land Titles Act. It is an act that has been in place for quite some time. There is a national push to have e-conveyancing across all jurisdictions. What we currently are exploring is what that would look like in the ACT. We are looking to what reforms other jurisdictions are doing. We know that New South Wales and Victoria, for example, have said that they will be moving to e-conveyancing in 2018-19. We need to understand what that looks like for the ACT, what legislative reforms might need to be put in place for us to be able to participate in that arrangement. THE CHAIR: Really, it is a sort of digital transfer. It is moving to digital; that is the extent of it. Ms Croke: Largely, yes. It is about being able to do transfers of mortgage titles and land titles in a way that is easier from a customer’s perspective. THE CHAIR: Who has done this? You said you are looking at other jurisdictions. Ms Croke: We know that Victoria and New South Wales have indicated that they will be moving to e-conveyancing in 2018-19. I would have to do a scan of other jurisdictions to see where they are at. Mr Engele might have a bit more detail but I am not certain I know that at the moment. Mr Engele: In addition to Ms Croke’s comments, we do not have the report finalised yet; so we have not got the comparative analysis of other states and territories. Part of the scope was to look at how the wording in the legislation is currently framed and whether there are opportunities to modernise and also look at any phasing of reforms as part of any reform program. Ms Croke: It is largely a scoping study at the moment informed by what other jurisdictions are doing, but then making sure it is relevant for ACT and would meet ACT settings. THE CHAIR: Have you a sort of draft time line as to when you might migrate towards a digital system? Ms Croke: That is one of the things that the report will go to, whether or not you would look at a staged implementation if the government were to choose to introduce new legislation. One of the things we are looking for in that report is what options there might be around the staging of that. Mr Engele: And I just add, Mr Hanson, that there is also a requirement for any technical upgrades to the system before any change could occur. THE CHAIR: That is all I had in that area. Thanks very much. We will move to innovation, trade and investment, and confirm: does that include the office of international engagement?

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