Recommendation 10

The Committee recommends that the ACT Public Service take the necessary steps to ensure exit data relating to Aboriginal and Torres Strait Islander employees is collected and reported:

1. to the ACT Aboriginal and Torres Strait Islander Elected Body;
2. in directorate annual reports for 2013-14; and
3. in annual ACT Public Service State of the Service reports.

Government Response - Agreed in principle

The Government aims to improve the collection of exit survey data for workforce planning and reporting purposes. Presently, an exit survey is available to all staff to be completed on a voluntary basis.

In line with the review of the RED Framework, the ACTPS will consider how best to update the survey in line with the One Service model, and will consider continuous improvement in promoting the survey and its benefits to all staff.

The Agency Survey component of the ACTPS State of the Service Report has been reviewed to improve validity and usefulness of data collected and reported especially around RED themes. Directorate level reporting on RED contacts is being reviewed to ensure consistency.

Consideration has been given to the usage and success of exit surveys across the ACTPS, as well as how exit data can be better captured and analysed. Changes to the exit survey remain dependent on the introduction of enabling technology.

Complete.

In progress.

Recommendation 23

The Committee recommends that the ACT Public Service examine ways of working with the Australian Indigenous Leadership Centre for the delivery of innovative diversity and mentoring training for all ACT Public Service employees.

Government Response - Agreed

The Government is committed to innovative ways to retain Aboriginal and Torres Strait Islander employees, and will further investigate this recommendation in the context of the review of the RED Framework which is currently underway.

It should be noted that JACS is investigating this concept, and CMTEDD will monitor progress, including continuous improvements in the area of diversity and mentoring training.

Consultation has continued with the Australian Indigenous Leadership Centre over 2016-17 as part of the Indigenous Traineeship Program.

CMTEDD liaised with the Office of Aboriginal and Torres Strait Islander Affairs in CSD to establish in-house mentoring arrangements for the Indigenous Traineeship Program.

Complete.

Recommendation 26

The Committee recommends that the ACT Public Service establish a Work in the Assembly Program for Aboriginal and Torres Strait Islander employees along the lines of the current Work in the Assembly Program which is open to all ACT Public Service employees at the Administrative Service Officer 6 or Senior Officer Grade C levels.

Government Response - Agreed in principle

Directorates have indicated support for such a program, including opportunities for employees to learn more about the Assembly by participating in the Introduction to the Legislative Assembly and Budget Process programs.

This recommendation will be considered in the context of the review of the RED Framework, and in consultation with the Office of the Legislative Assembly.

Further discussions are to be held with the Office of the Legislative Assembly with a view to linking this recommendation with their existing program.

In progress.

Recommendation 31

The Committee recommends that the Australian Capital Territory Public Service review the merit of implementing an Indigenous leadership program similar to that proposed by the New South Wales Public Service Commission and report its findings to the Australian Capital Territory Aboriginal and Torres Strait Islander Elected Body and the Legislative Assembly.

Government Response - Agreed

Directorates have indicated support for an Indigenous leadership program as a vehicle to increase the capability of current and future Aboriginal and Torres Strait and to increase the attractiveness of the ACTPS to aid in the attraction and retention of Aboriginal and Torres Strait Islander people.

Initial investigation of the program has commenced, and the recommendation will be considered in the context of the review of the RED Framework.

Funding was allocated in the 2016‑17 Budget for an Aboriginal and Torres Strait Islander Career Development and Retention Program. The focus of the program has been to support and develop Indigenous employees in the ACTPS.

The program was run in May 2017 and has involved 27 Indigenous employees participating in development activities that will help them progress in their career, both at level and for future promotions.

The program has been a mix of whole of cohort, peer support, mainstream and individual activities, based on individual development plans. Individual career and employment support, coaching, mentoring and advice has also been provided to participants.

The Office of Aboriginal and Torres Strait Islander Affairs in CSD and the ACT Indigenous Employee Network Murranga‑Murranga were involved with this program.

Complete.

Recommendation 84

The Committee recommends that the ACT Government restore ArtSound's key arts group funding and that the Government provide ArtSound and PhotoAccess the funding required to move these organisations to the Kingston arts precinct.

Government Response – Agreed in part

ArtSound FM may choose to reapply for Key Arts Organisation funding in 2015. A study is underway into the Kingston Arts Precinct and ArtSound and PhotoAccess are being consulted on any potential move.

PhotoAccess continues to be a Key Arts Organisation funded through the Arts Fund and ArtSound is a Program funded organisation. ArtSound funding is current for the 2017 calendar year and it will be able to apply for Key Arts Organisation funding in future years.

The Kingston Arts Precinct continues to be developed with the land at Section 49 Kingston currently for sale as part of a two stage tender process. ArtSound and PhotoAccess continue to be consulted on the move to Kingston Arts Precinct and have been included in the functional brief which is part of the Request for Tender.

In progress.

Recommendation 10

The Committee recommends that the Chief Minister report to the Assembly by June 2015 on progress on creating a comprehensive government bill and payment portal.

Government Response – Agreed in principle

It is not an accurate description of current initiatives to describe them as a dedicated “online payment portal” for the ACT Government.

The ACT Government has a mature online payment service for its customers accessible predominately through Access Canberra but also through various other ACT Government websites. The ACT Government is committed to enhancing digital service delivery and has invested $85 million to that end as announced in the 2014-15 budget. A key program in this vision is the iConnect Program which is focused on delivering a more sophisticated, customer centric web presence, offering more services online including payments, and ultimately reducing the cost of service delivery.

The Government will provide the Assembly with an update on progress with the iConnect program in the second half of 2015, which will be the appropriate timing in the context of related procurement activities.

In 2016-17 iConnect developed the Citizen Identity Management platform to establish the ACT Digital Account. This is a foundation product for future digital transformation across the ACT Government by authenticating citizens for personalised service delivery.

Citizens will be able to personalise and customise their ACT Digital Account; conveniently and securely receive communication from the ACT Government; and access a range of easy-to-use transactions, bill payment services, and reminders.

In 2017-18 iConnect will release the ACT Digital Account to directorates to support delivery of digital services.

Citizens will have access to a secure, single access entry point to government services and the ability to authenticate their identity online, increasing the number of services able to be offered through the digital channel that, up until now, needed to be done in person.

In progress.

Recommendation 2

The Committee recommends that the ACT Government upon completion of the installation of the 300 new smart technology parking machines: (i) evaluate the implementation of the smart parking payment technology in 12 months time—with particular reference to the smart parking methods that are now functional in the ACT; and (ii) provide a copy of the final evaluation report to the ACT Legislative Assembly within three months of completion.

Government Response - Agreed

All 300 new parking machines identified to replace the existing ‘pay and display’ machines were installed on time during 2013/14. The replacement of the remainder of existing parking meters with 150 new ‘pay and display’ machines is scheduled to take place over 2015/16. An evaluation of this parking machine technology will be undertaken once all existing parking meters are replaced with the same new smart technology machines.

A more comprehensive evaluation of other new smart parking technologies will be included as part of the implementation of the Smart Parking Trial. This trial is anticipated to commence in Manuka in early 2016. This will include a range of formalised performance measures.

Since the inception of the Tap’n’Go in September 2016, there has been a usage increase of 10 per cent over the nine months until May 2017.

Over these nine months there were 1,131,732 credit card transactions, 64.5 per cent were paid with Tap’n’Go and the remaining 35.5 per cent were through the traditional process of inserting the credit card into the card reader. The use of the pay by phone application “PARKMOBILE” has increased 2 per cent from the 2015-16 financial year to the 2016-17 financial year to a total of 12 per cent of all payments.

In progress.

Recommendation 13

The Committee recommends that ACT Government directorates and agencies should ensure recordkeeping procedures and guidance material address the business activities specific to their operations.

Government Response - Agreed

The Territory Records Act 2002 requires directorates and agencies to have in place a Records Management Program that sets out their policies, procedures and other arrangements for managing the records of their business activities and complying with the Act. The Territory Records Office provides a model records management program which can help directorates and agencies to develop their own programs. It is expected that agencies will adapt the model program to reflect their own business activities and recordkeeping requirements.

The Territory Records Office is currently reviewing its suite of standards for records management, including its standard for producing records management programs. Compliance with these standards is mandatory for all directorates and agencies that are subject to the Act.

The Territory Records Office’s Standard and Guidelines for Records, Information and Data management were released on 25 July 2016 and provide guidance to agencies on how to ensure their recordkeeping practices meet the Territory Records Office requirements.

Complete.

Recommendation 14

The Committee recommends that the ACT Government should remind all ACT Government directorates and agencies of the importance of good records management to the functioning of the ACT Public Service.

Government Response - Agreed

The Territory Records Office provides a range of advice, guidance and tools to help directorates and agencies to meet their responsibilities under the Territory Records Act 2002. The Act emphasises that records are required to support open and accountable government and the management and operation of Territory agencies.

To support directorates and agencies the Territory Records Office convenes the Records and Information Management Community of Practice. This group provides an avenue for records managers and others with an interest in records and information governance to share ideas and work towards shared solutions to common issues. The professional archives and records management community strongly emphasises the importance of good records management to the functioning of the ACT Public Service. Good records management helps to protect the rights and entitlements of citizens, to support efficient management, to account for actions and decisions and to provide a source of information about the history and development of the ACT Government and the community.

The Territory Records Office’s Standard and Guidelines for Records, Information and Data management were released on 25 July 2016 and will provides the basis for the Office's advice to agencies on the importance of good records management.

Complete.

Recommendation 15

The Committee recommends that the ACT Government should remind all ACT Public Servants of their obligation to ensure that accurate records of key decisions, discussions and events are kept and that these records are easily retrievable when required.

Government Response - Agreed

The Territory Records Act 2002 requires that an agency must make and keep full and accurate records of its activities and take the steps necessary to ensure that the information in its records continues to be accessible in accordance with the Freedom of Information Act 1989 and the Territory Records Act.

The Territory Records Office’s standards for records management emphasise that all ACT Public Servants have responsibilities in relation to the records of the function they perform. They must make accurate records of their activities, ensure that such records are incorporated into the agency’s recordkeeping system and comply with all records management procedures.

During 2014–15 the Territory Records Office conducted a feasibility study into the development of whole of government approaches to digital recordkeeping. That study has identified a preferred approach to increasing the take-up of digital records systems within the ACT Public Service. Increasing the use of such systems will assist directorates and agencies to ensure that their records remain accurate, reliable and accessible for as long as they are required.

The Territory Records Office’s Standard and Guidelines for Records, Information and Data management emphasise the need for public servants to keep accurate records of their business activities. In October 2016 the Territory Records Office concluded it’s whole of government electronic document and records management system (EDRMS) pilot project, and handed the resulting digital recordkeeping system over to Shared Services Records Services for business as usual operation. The system continues to be available for use by ACT Government agencies to support the capture and management of and access to their records.

Complete.

Recommendation 5

The Committee recommends that the Government invite representatives of the community sector and the sport and recreation sector and arts sector to join the Community Clubs Taskforce.

Government Response – Agreed in Principle

The Taskforce will take the opportunity to invite community, sport and/or arts representatives to discuss key issues relating to their industry sector on relevant matters brought forward for Taskforce consideration.

The Taskforce met with seven community clubs to discuss revenue diversification options, four of whom sought Taskforce support to progress diversification initiatives (all property developments).

Of these four clubs, the Taskforce has fully resolved the matters on which assistance was sought, with the last matter being finalised in December 2016. No other clubs have come forward to the Taskforce since June 2015.

If there is a continuing need for a Community Clubs Taskforce, the existing Terms of Reference and membership will be reviewed taking account of the change of representation within the clubs industry.

Complete.

Recommendation 36

The Committee recommends that the Government work with the clubs sector to assist with the provision of a variety of recreational activities to meet the needs of the community, such as billiard tables, table tennis tables, darts and carpet bowls.

Government Response - Agreed

The government’s Community Sport and Recreation Development Program provides financial assistance to eligible sport and physical recreation organisations for outcome based projects, programs and initiatives to support participation in active lifestyles through the delivery of quality programs and services for the benefit of all the Canberra community.

Not‐for‐profit organisations are welcome to apply for these grants, and all applications will be assessed on relative merit. Further information is available at www.sport.act.gov.au/grants/sport‐and‐recreation‐grants‐program.

The Sport and Recreation Grant Program (inclusive of the Community Sport and Recreation Development Program) remains available to provide financial assistance to eligible sport and active recreation organisations for programs and initiatives to support participation outcomes. Through the 2017 program a range of recreational activities were funded, including but not limited to; a Disc Golf Course in John Knight Park (ACT Disc Golf) and a social Hockey Pilot Program (Hockey ACT). The 2018 Sport and Recreation Grant Program opens for applications in August 2017.

Complete.

Recommendation 35

The Committee recommends that the ACT Government provide further details on how the establishment and implementation of the iConnect platform is progressing.

Government Response - Agreed

iConnect has three key platform components:

1. Customer Transaction Portal – that will, over time, provide access to all ACT Government transactional services and provide:
   • Customisation - enables customers to choose which ACT Government transactions they want displayed on their view of the portal home page;
   • Personalisation – the Government will be able to tailor messaging to customer segments - for example, car owners can receive notices that vehicle registration is due, or parents will get notification of school specific information; and
   • Digital mailbox that offers an alternative to regular post.
2. Customer Identity and Access Management – users authenticated online will be able to undertake transactions that currently need to be done face to face.
3. Enterprise Integration – this platform will provide integration between government business line systems to deliver end-to-end services.

The iConnect program is currently undertaking procurement activities for the digital capabilities that will enable the three components outlined above.

The iConnect program is working closely with Access Canberra and key ICT projects across government to identify transactions that will go online once the technology is in place. The first transactions are forecast to go live in the fourth quarter of 2015-16.

In 2016-17 iConnect developed the Citizen Identity Management platform to establish the ACT Digital Account. This is a foundation product for future digital transformation across the ACT Government by authenticating citizens for personalised service delivery.

Citizens will be able to personalise and customise their ACT Digital Account; conveniently and securely receive communication from the ACT Government; and access a range of easy-to-use transactions, bill payment services, and reminders.

In 2017-18 iConnect will release the ACT Digital Account to directorates to support delivery of digital services.

Citizens will have access to a secure, single access entry point to government services and the ability to authenticate their identity online, increasing the number of services able to be offered through the digital channel that, up until now, needed to be done in person.

In progress.

Recommendation 36

The Committee recommends that the ACT Government provide further details on how the rollout of public Wi-Fi across Canberra is progressing.

Government Response - Agreed

As at July 2015, there were 125 Wireless Access Points (external Wi-Fi transmitters) installed in central Canberra, including City East, City West, Braddon and New Acton. In addition, CBRfree is also available at over 40 Wi-Fi Hotspots in businesses across Canberra, including in locations at Weston Creek, Woden Town Centre, Tuggeranong Town Centre, Kingston Foreshore, Fyshwick and Mitchell. There have also been 25 indoor Wireless Access Points installed at EPIC for events at this venue.

The town centres scheduled to receive CBRfree Wi-Fi but are currently not operating are: Belconnen, Dickson, Kingston, Manuka, Tuggeranong, Gungahlin, Weston, Woden and Bruce. Belconnen and Dickson will be completed by the end of October 2015, and Manuka will be completed in time for the Smart Parking trial scheduled for early 2016. All remaining town centres are on track to be completed by the end of the 2015-16 financial year.

The rollout of the CBRfree Wi-Fi network across Canberra continued throughout 2015-16. The town centres of Dickson, Belconnen and Manuka were completed in October 2015 and Kingston, including Kingston Foreshore, was completed in March 2016. Beyond the scope of the original CBRfree Wi-Fi footprint, the ACT Government has worked closely with the Australian National Botanic Gardens to provide CBRfree Wi-Fi at its Black Mountain site. During 2015-16 CBRfree Wi-Fi was also made available at specific remote locations to support Floriade 2015 and Summernats 2016, and the ACT Government facilitated mobile Wi-Fi base stations to provide CBRfree coverage across Southwell Park in Lyneham to support the 2016 Kanga Cup. Remaining town centre sites in Tuggeranong, Weston Creek, Woden and Bruce were completed early in the second half of 2016. While partial rollout at Gungahlin town centre has occurred, full completion is delayed due to works associated with the construction of light rail.

In progress.

Recommendation 46

The Committee recommends that the ACT Government update its Tourism 2020 strategy to consider the ten years to 2030 and take into account:

1. accommodation;
2. attractions; and
3. events.

Government Response - Agreed

The ACT’s Tourism 2020 strategy is part of the national tourism 2020 framework and will be reviewed and updated in that context.

The ACT's Tourism 2020 strategy aligns with the intent of the national 2020 framework which aims to double overnight visitor expenditure from $70 billion in 2010 to $140 billion in 2020. The goal for the ACT is to grow the total value of overnight visitor expenditure in the Territory to $2.5 billion by 2020.

At the Tourism Ministers’ Meeting in February 2017, Ministers agreed to the development of the next long term tourism strategy beyond 2020, which will be developed in consultation with government and industry and endorsed by tourism ministers. Proposed timing for development is between July 2017 and December 2018.

At the Australian Standing Committee on Tourism meeting in May 2017, all state tourism organisations agreed to contribute input and a point of contact for the Tourism 2020 Review, following the release of the Australian National Audit Office final audit report Strengthening Australian’s Tourism Industry on 27 April 2017.

In progress.

Recommendation 48

The Committee recommends that the ACT Government consider the provision of arts facilities in the Woden/Weston Creek area and Gungahlin.

Government Response - Agreed

The Government will work with community organisations in considering the provision of arts facilities across the Territory.

An Arts Infrastructure Plan is being prepared by artsACT in consultation with the arts sector and the broader community. The Plan will review the location and distribution of existing arts facilities as well as consider demand for new facilities.

In progress.

Recommendation 50

The Committee recommends that the ACT Government, in conjunction with relevant stakeholders, promulgate a vision for Canberra’s CBD.

Government Response – Agreed in Principle

The City Plan stipulated a vision for the CBD. The Government, through the Coordinator General, Urban Renewal will deliver an action plan to progress this vision and to assist in the urban renewal of the CBD.

The Government released the City Action Plan in August 2016. The Plan outlines the Government’s vision for Canberra’s City Centre. It has been developed to support the City Plan and Brand Canberra. The objective is to stimulate private, community and creative sector activity by facilitating better and more frequent use of the public realm. It will also continue existing activities such as identifying opportunities for regulatory reform and infrastructure improvements.

The ongoing implementation of the City Plan will transfer to the City Renewal Authority from 1 July 2017.

Complete.

Recommendation 52

The Committee recommends that the Minister for Urban Renewal and Minister for Housing work as closely as possible on the redevelopment of public housing to ensure that residents are provided with consistent and timely information.

Government Response - Agreed

Close collaboration within government is already occurring on the redevelopment of public housing.

Close collaboration within Government is continuing to occur on the redevelopment of public housing. Information is provided and services and support delivered by a small team comprised of both Public Housing Renewal Taskforce and Housing ACT staff.

There is regular communication and coordination between the Urban Renewal and Housing Portfolios, including fortnightly briefings and meetings, inter-agency coordination through the Public Housing Renewal Steering Committee and ongoing sharing of information at an operational level.

The Minister for Housing and Suburban Development is now responsible for both the Public Housing Renewal Taskforce and Housing ACT.

Complete.

Recommendation 80

The Committee recommends that the ACT Government update the Legislative Assembly on the outcomes of actions that are being taken to find suitable alternative accommodation for Gugan Gulwan.

Government Response - Agreed

The ACT Property Group has been working with Gugan Gulwan to gain a clear understanding of the group’s requirements. Four property options have been discussed with Gugan Gulwan since 2011; however, none of these sites were considered suitable by Gugan Gulwan.

In reviewing the current available properties, the ACT Property Group has not been able to identify any properties that would meet Gugan Gulwan’s requirements that are likely to become available in the next few years. However, the organisation will continue to be considered when suitable properties become available.

Gugan Gulwan Aboriginal Youth Corporation operates from a former youth centre in Erindale, with space of 500m². The ACT Government has completed a number of improvements to their tenancy to support Gugan Gulwan at their existing centre.

Spaces offered at Pearce Community Centre, former Health Centre at Calwell and Erindale Business Park were not accepted as they were a shared tenancy. 200 Scollay St in Greenway was rejected because it did not have an outdoor play area.

Sole occupancy at Tharwa Neighbourhood Hall was rejected because of distance and transport concerns and because of existing relationships in the area.

The ACT Government is continuing to work closely with Gugan Gulwan to find suitable accommodation with particular focus on the south side of Canberra which is their preferred location.

In progress.

Recommendation 93

The Committee recommends the ACT Government consult more closely with the affected parties in the Telopea Park/Manuka Occasional Child Care Association (MOCCA) land swap, to investigate in detail what other options might be available.

Government Response - Agreed

A significant number of alternate options have been considered over the past few years and reconsidered in the past few months. The Government will continue to progress investigations into alternative locations.

The two sites identified for detailed investigations are Block 5 Section 36 Forrest and Block 33 and 39 and part Block 34, Section 78 Griffith. The Government will consult with stakeholders of the site that is decided to be the most suitable for the Telopea Park/Manuka Occasional Child Care Association (MOCCA), including on any public realm changes such as road, parking and traffic arrangements.

The key considerations in continuing investigation of these sites are development parcel size, traffic, access and parking options, and location compared to the existing MOCCA site.

The Government announced in August 2016 that MOCCA was not required to move from its current site.

Complete.

Recommendation 2

The Committee recommends that the ACT Government inform the ACT Legislative Assembly by the last sitting day in May 2016 as to the parameters for its review of existing debt management processes—with particular reference to:

1. whether the discussion paper being developed by Shared Services for the purposes of ‘commencing dialogue on the matter with the directorates’ is complete—and if not, expected completion date;
2. detail on specific review milestones; and
3. expected timeline for completion.

Government Response - Agreed

Dialogue on this matter has commenced in a number of governance forums. External debt collectors/ purchasers and regulators have also been consulted.

The discussion paper referred to in the recommendation has been evolving during the course of these discussions and will now be in the form of a paper for consideration by the ACT Public Service Strategic Board in June 2016. The paper will provide options for a targeted, sequenced and cost effective implementation of a more centralised model of end-to-end debt management within the ACT Government. The paper will take into consideration the complexities and constraints associated with the implementation of the proposed strategies, for an informed decision. Debts managed by the ACT Revenue Office will not be covered within the scope of this paper.

A Debt Management Working Group, consisting of ACT Government representatives from CMTEDD (Shared Services, Treasury and Workforce Capability & Governance), ESA, JACS and TCCS and a representative from the HR Directors Group Forum, has been established. This group had its inaugural meeting on 30 March 2017. The Working Group will provide the necessary governance and ensure a representative approach is achieved in the limited scope, phased pilot for considering end-to-end debt management for the ACT Government.

Outside the sphere of the Working Group, the Shared Services Debt Team is proceeding with evolutionary and continuous changes to prepare with commencing the pilot by 30 June 2017. Milestones on the one-way road to the pilot include acquiring a debt management subject matter expert to review current processes and procedures for conformity with best practices. Other milestones include examining how the NSW State Debt Recovery Office engages with Private Health Funds, clarifying with the Working Group the types of external debt that is to be in scope for the pilot, recasting debtor notices in conjunction with ESA and the Working Group, and examining a technological solution for debtor management activities during the pilot phase.

The next critical date is 30 September 2017, being the date to provide an options paper to the Strategic Board on the issues raised during the pilot phase to address an optimal end to end debt management solution.

In progress.

Recommendation 3

The Committee recommends that the Minister for the Arts continue to report on the Artist in Schools Program in future annual reports dealing with arts matters.

Government Response ‐ Agreed-in-principle

The Artists in Schools Program will be reported in the directorate’s 2015‐16 Annual Report as per previous years’ reports. It should be noted that the Australia Council for the Arts ceased funding for the Program at the end of the 2015 calendar year, so 2015‐16 will be the final year of reporting.

The final artist in schools program was delivered in 2016-17 and has been included in the annual report.

Complete.

Recommendation 5

The Committee recommends that, in light of the observations made to the Committee at its hearings on this year’s annual reports in relation to the contribution of the arts to the ACT, that the government consider designing and initiating a survey and study of the contribution made to the ACT economy by the activities and benefits generated by the activities of the arts and cultural community.

Government Response ‐ Agreed-in-principle

The ACT Government released the Economic Overview of the Arts in June 2015 which outlined the contribution arts and cultural activities make to the ACT economy.

The Government will continue to analyse available data to further develop our understanding of arts and culture’s contribution to the ACT economy.

artsACT continues to collect and analyse available economic data, where available.

Complete.

Recommendation 6

The Committee recommends that the Minister for the Arts report to the Assembly by May 2016 on progress achieved in developing a concept and design for a new theatre venue for Canberra, along the lines described to the Committee during these hearings, and include in any such report any findings and proposals, including the development of feasibility, design, possible use and other studies for such a venue.

Government Response ‐ Agreed in‐Principle

The Minister will make a statement to the Assembly at an appropriate time in the planning process for a new theatre venue.

Funding has been allocated in the 2017-18 ACT Budget for consultation on a new Canberra Theatre and performing arts infrastructure in Canberra and the surrounding region.

Complete.

Recommendation 3

The Committee recommends that:

1. The ACT Government include an additional assessment to be provided by the ACT Government prior to the authorisation of high risk licences as part of a phased implementation; and
2. The inclusion of an additional assessment is reviewed 12 months after its introduction with a view of including this process for lower risk qualifications.

Government Response - Agreed in principle

The ACT Government will consider the Committee’s proposed changes to high risk licensing within the context of broader national framework reforms and targeting risk/harms.

The ACT has contributed to the development of a national tripartite assessment tool to examine high risk activities and recommend appropriate licensing levels.

The Territory will encourage a close examination of high risk licensing as part of the 2018 review of the template national work health and safety laws.

In progress.

Recommendation 7

The Committee recommends that the ACT Government collaborate with the Commonwealth Government to increase the financial support provided to multicultural community organisations that provide English programs.

Government Response - Agreed in principle

The ACT Government is currently collaborating (and has a history of collaboration) with the Australian Government to seek increased financial support for people in Canberra's multicultural community experiencing barriers to English-language proficiency, vocational education and training and employment opportunities (including traineeships). This collaboration occurs in two main ways: (1) directly between the ACT Government and various Australian Government agencies and (2) indirectly by assisting multicultural community organisations (including those providing English language programs and pathways to further education and employment) to work with various Australian Government agencies to access funding to assist their clients. The ACT Government is committed to continued collaboration with the Australian Government, on various levels and in a variety of ways, to seek further financial support for multicultural community organisations that provide English language programs.

In 2016-17 the ACT Government continued to collaborate with the Commonwealth Government to increase the financial support for people in Canberra's multicultural community experiencing barriers to English-language proficiency, Vocational Education and Training and employment opportunities (including traineeships and apprenticeships).

Complete.

Recommendation 8

The Committee recommends that the ACT Government examine whether the introduction of cross cultural training into Vocational Education and Training would be beneficial to students from Non-English Speaking Backgrounds. If found beneficial, the Committee further recommends that the ACT Government consider further funding to deliver cross cultural training.

Government Response - Agreed in principle

The ACT Government will examine whether the introduction of additional cross cultural training would be beneficial to students from Non-English Speaking Backgrounds.

In doing so, the ACT Government will also examine the barriers students from Non-English Speaking Backgrounds are experiencing in accessing current government-subsidised cross cultural training that is incorporated into a range of training packages and VET programs, and how these barriers may be overcome.

Many government-funded VET courses in the ACT include training designed to promote participants’ understanding of the Australian workplace and workplace culture. This component of VET is a relevant example of cross cultural training that is beneficial to students from Non-English Speaking Backgrounds. This form of cross-cultural training is nationally recognised, is delivered by Registered Training Organisations and the cost is subsidised by the ACT Government. In December 2016 the ACT Government identified barriers to accessing this training for refugees and asylum seekers on temporary and bridging visas.

From 1 January 2017 the ACT Government extended eligibility to government-funded VET courses to refugee and asylum seekers on temporary and bridging visas. This training is now available to adult Canberrans from Non-English Speaking Backgrounds who are Australian citizens, permanent residents or hold one of the following visa types: 100,189,190, 200, 201, 202, 203, 204, 866, 309, 445, 449, 785, 790, 801, 820, ZB951, Bridging Visa A, B, C or E.

Complete.

Recommendation 10

The Committee recommends that the Minister for Education and Training raise the principles underpinning the regulation of ASQA, as per paragraph 5.31 in the Senate Inquiry, with other States and Territory at the relevant Ministerial Council.

Government Response - Agreed in principle

The Minister for Higher Education, Training and Research will engage in ongoing discussions, with other states and territories at the COAG Industry and Skills Council, about issues relating to principles underpinning the regulation of ASQA.

The role of the national regulator has been a constant focus of discussion by the COAG Industry and Skills Council. As a result, the Australian Government has announced an expert review of the National Vocational Education and Training Regulator Act 2011 and its associated legislative framework, to assess its suitability and capacity to support a responsive, effective and efficient approach to the regulation of the national Vocational Education and Training sector.

Complete.

Recommendation 10.

The Committee recommends that the ACT government formally write to all ACT government agencies advising of agency’s obligations with respect to parliamentary privilege, and in particular their obligations with respect to witnesses and submitters to inquiries of committees of the Legislative Assembly for the ACT.

Government Response - Agreed

The whole of government Executive induction package has been updated to include information on parliamentary privilege. The Executive induction package is available on the ACTPS Employment Portal - www.cmd.act.gov.au/employment-framework/for-executives/actps-executive-induction.

The Head of Service will write to Directors-General advising them of the updates and offering to work with agencies on including this information in agency-specific induction packages. Workshops were completed in 2016 with senior managers and executives to ensure a comprehensive awareness of parliamentary privilege across ACT Government Executive.

As well as updating the whole of government Executive induction package and holding workshops for senior managers and executives, the ACTPS Induction Manual has also been updated to include information on parliamentary privilege. This Manual is emailed to all new starters in the ACTPS.

Complete.

Recommendation 11

The Committee recommends that where in regard to strict adherence to privilege, defects either perceived or real, in the correspondence of a directorate are identified, Ministers, Executives, and directorate staff promptly acknowledge same and use this as a learning tool into the future to avoid such incidents.

Government Response - Agreed

In addition to the updates to the Executive induction package identified in the response to recommendation 10, work has also been undertaken to develop a training package on parliamentary privilege. As well as referencing relevant case studies, the training has been broadened to incorporate the ACTPS values and behaviours and links to the Social Compact. Justice and Community Safety Directorate staff participated in this training in August 2016.

The training package was delivered to staff in the Justice and Community Safety Directorate in August 2016.

Complete.

Recommendation 1

The Committee recommends that the ACT Government continue to work with indigenous organisations with a view to having the management of Boomanulla Oval returned to Indigenous leadership as soon as it is sustainable to do so.

Government Response - Agreed

Following an Expression of Interest process, Winnunga Nimmityjah Aboriginal Health Services (Winnunga) was invited to prepare a response to a Request for Tender (RFT) released in June 2016. The RFT calls for a detailed business case for how the facility will be used and managed going forward.

Winnunga is currently working through its response to the RFT. This includes the requirement to submit a package of documentation for preliminary review, prior to finalising a full response to the RFT, which is anticipated to occur later in 2017.

Under the RFT, up to $50,000 of Indigenous Advancement Strategy (IAS) funding is available via Active Canberra to assist in the development a guiding strategy for Boomanulla Oval.

On 23 March 2017, Active Canberra gave approval to release IAS funds ($49,500) to Winnunga, based on their proposal to engage Judd Studio to develop a Strategic Plan for Boomanulla Oval.

In progress.

Recommendation 2

The Committee recommends that the public be informed of the terms of Floriade’s use of Commonwealth Park as soon as the ACT Government and the National Capital Authority have reached agreement.

Government Response - Agreed

Once the agreement between the ACT Government and the National Capital Authority in relation to Floriade has been signed, it will be tabled in the ACT Legislative Assembly, by the Minister for Tourism and Events.

Tabled in the Assembly on 9 August 2016

Complete.

Recommendation 3

The Committee recommends that when the Key Performance Indicators for the manager of Westside are finalised they be made public so that the community can assess the success of the project.

Government Response – Agreed in principle

The Government agrees performance indicators, such as visitation and event numbers, and vendor satisfaction, should be made public to allow the community to assess the success of the Westside site. This information will be released as it comes available.

Visitor numbers have been estimated for the major events that were held at Westside Village over the two years it operated. In total, around 100,000 visitors attended major events at the site.

Thousands of people also visited the village each week.

Westside Village ceased operating on 30 April 2017.

The Westside Event Manager’s contract expired on 31 December 2016. Given the pending closure of the village, the Event Manager chose not to extend arrangements beyond this date. There was no event manager or activation of the Westside site from 1 January 2017 to 30 April 2017.

Complete.

Recommendation 2

The Committee recommends that ACT Government directorates and agencies should ensure complete reporting with all compliance requirements as specified in the Annual Report Directions.

Government Response - Agreed

The Annual Report Directions 2014-15 required directorates and agencies to produce a compliance statement that indicates how the requirements of the Directions are satisfied.

Complete.

Recommendation 4

The Committee recommends that the ACT Government detail to the ACT Legislative Assembly, by the last sitting day in April 2016, the differences between the provisions of the Land Rent Scheme as it applies to land rent leases granted to: (i) former ‘Mr Fluffy’ home owners (affected residential premises); (ii) those who have owned properties impacted by a ‘Mr Fluffy’ home (eligible impacted properties); and (iii) other persons/household (non‐affected Mr Fluffy leases). This comparison should include information on: (i) applicable land; (ii) eligibility criteria; (iii) requirement to attend an information course; (iv) land rent payable; (v) liability for duty; (vi) cost of conversion to a nominal crown lease; and (vii) availability of option to transfer land rent lease.

Government Response - Agreed

The differences between the provisions of the Land Rent Scheme as it applies to affected residential premises, eligible impacted properties and other land rent lessees are detailed in pages 28 to 32 of the Sixth Quarterly Report of the Asbestos Response Taskforce for the period 1 January 2016 to 31 March 2016 (tabled in the Assembly on 4 August 2016).

Complete.

Recommendation 5

The Committee recommends that the ACT Government clarify to the ACT Legislative Assembly, by the last sitting day in April 2016, how the provisions of the Land Rent Scheme as it applies to land rent leases granted to former ‘Mr Fluffy’ home owners (affected residential premises) is consistent with the affordable housing objectives of the Land Rent Scheme.

Government Response - Agreed

The Government clarified its support for the extension of the Land Rent Scheme to remediated Mr Fluffy blocks in pages 32 to 33 of the Sixth Quarterly Report of the Asbestos Response Taskforce for the period 1 January 2016 to 31 March 2016 (tabled in the Assembly on 4 August 2016).

Complete.

Recommendation 7

The Committee recommends that the ACT Public Service State of the Service report as it relates to the whole‐of‐government reporting descriptor—Public Interest Disclosure—should include statistics as to which public sector entity disclosures pertained to for the applicable reporting year.

Government Response - Agreed

A breakdown of public interest disclosures by entity is reported in the ACTPS State of the Service report at section B.2 Performance Analysis.

Complete.

Recommendation 11

The Committee recommends that the ACT Government report to the ACT Legislative Assembly, by the last sitting day in May 2016, on the progress and effectiveness of the Government’s implementation of the recommendations, made in the Final report on the review of the Respect, Equity and Diversity (RED) Framework, that have been accepted either in‐whole or in‐part.

Government Response - Agreed

The Chief Minister will provide the report on the progress and implementation of recommendations from the RED Framework Report to the Assembly in the August 2016 sitting period.

The report on the progress and implementation of recommendations from the RED Framework Report was tabled in the Legislative Assembly on 2 August 2016.

Complete.

Recommendation 15

The Committee recommends that the ACT Government should ensure that all governing boards are constituted in accordance with membership requirements as prescribed in their respective legislation.

Government Response - Agreed

The Government has (and is) implementing a suite of approaches to ensure that government boards continue to operate effectively. These include the release of an updated Boards and Committees Handbook, a centralised appointments register, and a regular assurance process to confirm all boards are constituted in line with membership requirements and other legislative requirements.

The ACT Government has undertaken a range of activities to improve governance across its boards and committees. These include:

• Development of an updated Governance Principles – Appointments, Boards and Committees Handbook;
• Development of a centralised Boards and Committees Register;
• Development of the Better Practice Toolkit to assist directorates in the management of ACT Government Boards and Committees;
• Regular reporting to Strategic Board;
• An active review of all Boards and Committees requested by the Chief Minister.

Complete.

Recommendation 2

The Committee recommends that ACT Government directorates and agencies should ensure the provision of complete statements of performance and full disclosure as required by the Financial Management Act 1996. In doing so, directorates and agencies should ensure the following—the provision of:

1. clear definitions for accountability indicators and related targets;
2. improved accuracy with regard to reporting of results for accountability indicators;
3. more information on how reported results are measured—in particular, explanations of differences between actual results and planned targets; and
4. clear and informative explanations for material variances from the planned targets.

Government Response - Agreed

Agencies will continue to use internal controls and checks to ensure that data provided in the statements of performance is accurate. Internal Audit Committees within agencies are responsible for monitoring and reviewing the quality of data and reporting requirements, particularly accountability indicators, related targets, variance explanations and material variances.

Improving performance measures remains an ongoing process for agencies.

As part of the 2017-18 Budget, agencies reviewed the accuracy of the data provided in the statements of performance and the relevant Budget Statements were signed off by Directors-General, or equivalent.

Complete.

Recommendation 3

The Committee recommends that ACT Government directorates and agencies should ensure complete reporting with all compliance requirements as specified in the Annual Report Directions.

Government Response - Agreed

Agencies have internal processes in place to ensure that the compliance requirements as specified in the Annual Report Directions are met.

The ACT Government continues to ensure that agencies are aware of the Annual Report Directions and will also continue to provide guidance where required.

The Annual Report Directions 2016-17 required directorates and agencies to produce a compliance statement that indicates how the requirements of the Directions are satisfied.

Complete.

Recommendation 4

The Committee recommends that the ACT Government utilise the one-ACT Public Service framework to ensure that unresolved audit findings (relating to environmental controls for information technology) that require a whole-of-government approach are promptly and appropriately addressed.

Government Response – Agreed in Principle

The ACT Government recognises the importance of promptly resolving audit findings. To address whole-of-government environmental controls for information technology would involve:

• upgrading software systems to operate on the whole-of-government supported operating systems;
• rolling out of a new security classification system for documents; and
• increasing the security on externally hosted websites, consistent with those hosted internally.

It is noted that addressing these specific findings would have financial implications and would be subject to future budget decisions and priorities.

All agencies consider their respective audit findings with a view to resolving them where possible.

Complete.

Recommendation 1

That a seven year non-renewable appointment term for the ACT Auditor‐General be reinstated in the Auditor‐General Act 1996.

Government Response - Agreed

This recommendation is entirely consistent with the Strategic Reviewer’s suggestion of a 7‐10 year non‐renewable term.

The Government maintains its support of this suggestion, previously indicated in the Chief Minister’s comments to the Committee.

Work is progressing on amendments in anticipation of a Bill being introduced before the end of 2017. Completion, including enactment, is expected before the end of 2017-18.

In progress.

Recommendation 2

That section 8 of the Auditor‐General Act 1996be amended to prescribe that the ACT Auditor‐General is to be appointed for a term of 7 years and is not eligible for reappointment, including reappointment after the end of that term.

Government Response - Agreed

Noting the bi‐partisan agreement to the proposed legislative changes, the Government will commission the preparation of a Bill to introduce legislative amendments in sufficient time to guide the appointment of the next ACT Auditor‐General, due in 2018.

Work is progressing on amendments in anticipation of a Bill being introduced before the end of 2017. Completion, including enactment, is expected before the end of 2017-18.

In progress.

Recommendation 3

That appropriate consequential provisions be drafted to ensure that any amendments made to Schedule 1 – Appointment and terms of office of auditor‐general and/or section 8 – Appointment, of the Auditor‐ General Act 1996do not apply in respect of an appointment made before the commencement of any subsequent amendments.

Government Response – Agreed in principle

The Government supports certainty of tenure and continued independence of the Auditor‐General.

However, noting that the current Auditor‐General is appointed for a seven year term, it is unclear whether transitional arrangements are required in this case.

The preparation of a Bill to amend the Act, as foreshadowed in the response to Recommendation 2 above, will give further policy and drafting consideration to this matter.

The current work in relation to amendments to the Auditor-General Act is giving consideration to consequential provisions, or similar, to take account of the provisions under which the current Auditor-General is appointed. It is expected that this matter will be finalised before the end of 2017-18.

In progress.

Recommendation 1

The Committee recommends that the ACT Government Guidelines for responding to performance audit reports by the Auditor‐General be amended to provide that during years in which an ACT General Election is to be held that, wherever possible, the Government present its response to performance audit reports prior to the commencement of the Caretaker period.

Government Response - Agreed

ACT Government Guidelines for responding to performance audit reports by the Auditor‐General will be amended.

The Guidelines were updated in January 2017 to reflect the arrangements during an election year.

Complete.

Recommendation 9

The Committee recommends that the ACT Government report to the ACT Legislative Assembly by the last sitting day in August 2017, on the progress of its implementation of the recommendations made in Auditor‐General’s Report No. 6 of 2016: Management and administration of credit cards by ACT Government entities, that have been accepted either in‐whole or in‐part. This should include: (i) a summary of action to date, either completed or in progress (including milestones completed); and (ii) the proposed action (including timetable), for implementing recommendations (or parts thereof), where action has not yet commenced.

Government Response - Agreed

Report presented to the Legislative Assembly in August 2017.

Complete.

Recommendation 1

The Committee recommends that where the ACT Government fails to provide to the Committee an answer to a Question on Notice or Question Taken on Notice within the deadline that an explanation be provided for the delay.

Government Response – Agreed in principle

The Government endeavours to meet the 30 day timeframe to respond to Questions on Notice, in accordance with section 118A of the ACT Legislative Assembly standing orders, for the majority of the questions taken on notice. From time to time, however, circumstances arise which make this deadline unachievable.

The ACT Government maintains its positon.

Complete.

Recommendation 3

The Committee recommends that the ACT Government develop strategic and accountability indicators for initiatives funded by the Safer Families Levy and that these form part of the Chief Minister, Treasury and Economic Development Directorate Annual Report.

Government Response – Agreed in part

The development of strategic and accountability indicators will be considered during the next ACT Budget process. The Administrative Arrangements will determine the relevant directorate reporting arrangements for the Safer Family initiatives.

The Safer Families Levy was introduced on 1 July 2016 and supported a number of family violence prevention initiatives across a number of directorates - including Community Services, Justice and Community Safety, and Education – each of which reports on the progress of their initiatives as part of each budget.

The Coordinator General for Safer Families also provides information on the progress and future direction of the Safer Families package, such as in Appendix J of the 2017‑18 Budget Paper 3.

Complete.

Recommendation 4

The Committee recommends that the ACT Government consider including a family violence statement in the Budget Papers each year.

Government Response – Agreed in principle

Commitment 5.1 of the ACT Government ‘Response to Family Violence’ states that the ACT Government will present a Family Violence Statement to the Legislative Assembly every year. The ACT Government will align the release of the Family Violence Statement with the annual ACT Budget process.

As part of the 2016-17 Budget, the Government released a Safer Families booklet as well as a Safer Families Statement. This was followed by the publication of a Safer Families Factsheet as part of the 2017-18 Budget.

Complete.

Recommendation 25

The Committee recommends that the ACT Government review land release processes with a view to matching the land release program to housing needs.

Government Response - Agreed

Economic Development is working with the Land Development Agency in better matching estate development plans for greenfield and urban renewal projects with the changing housing needs of the growing population.

The current round of estate development planning in the suburbs of Lawson, Denman Prospect and Taylor is being informed by this review.

Economic Development continued to work with the Land Development Agency in matching estate development plans for greenfield and urban renewal projects with the housing needs of the growing population.

Further work has commenced across directorates which will focus on improving the diversity of product through planning and zoning reforms.

In progress.

Recommendation 26

The Committee recommends that the ACT Government conduct a periodic housing needs analysis and match land release program to housing needs.

Government Response - Agreed

Economic Development is responsible for monitoring the rate and location of dwelling occupations across the Territory.

This information is assessed against housing needs, which is informed by population growth and the rate of household formation.

Economic Development continued to monitor the rate and location of dwelling occupations across the Territory.

This information has been assessed against housing needs, which has been informed by population growth and the rate of household formation.

Complete.

Recommendation 33

The Committee recommends that the ACT Government ensure improved consultation between its agencies to maximise the benefits of the arts to the ACT Community.

Government Response - Agreed

The Government has decided to convene a whole of government Working Group on the Arts in order to support the implementation of the ACT Arts Policy, and consider key cross portfolio arts policy issues.

The whole of government Working Group on the Arts has not proceeded at this time. artsACT continues to work across the ACT Government to maximise the benefits of the arts to the ACT Community.

In progress.

Recommendation 38

The Committee recommends that the ACT Government consider the administrative functions required to support statutory strategic reviews of the Auditor-General.

Government Response - Agreed

The Speaker of the Office of the Legislative Assembly is currently responsible for the selection and appointment of the strategic reviewer for the Office of the Auditor General. The Government notes that this matter has been referred to the Standing Committee on Administrative and Procedure for consideration and report by August 2016. Further comment has been reserved pending the outcome of the Committee’s consideration. Further funding requests could be considered as part of the 2017-18 Budget process.

The strategic review of the Auditor-General was completed in 2016.

Complete.

Recommendation 40

The Committee recommends that the ACT Government ensure the ACT Ombudsman’s Office is appropriately resourced to carry out the new functions that the ACT Government has asked it to be responsible for: (i) development of a reportable conduct scheme; and (ii) the establishment of a judicial council secretariat.

Government Response – Agreed in part

The 2016-17 Budget provides $1.3 million over four years in new funding for the ACT Ombudsman to operate the reportable conduct scheme. The ACT Government will work with the Ombudsman to develop and implement the scheme prior to its commencement on 1 July 2017. The establishment of a judicial council secretariat is subject to the future consideration of Budget Cabinet.

The agreement the ACT Government has with the Ombudsman has been varied to cover services relating to the reportable conduct scheme and the judicial council secretariat.

Complete.

Recommendation 48

The Committee recommends that Access Canberra and the Land Development Agency work with stakeholders involved with the rubbish stockpile in Hume to ensure that environmental and land lease conditions are enforced.

Government Response - Agreed

Access Canberra, through the Environment Protection Agency, is currently working with the lessee to ensure that they adhere to all environmental requirements. Access Canberra is encouraging the lessee to reduce stockpiles of materials to assist in the management of the site. Access Canberra will work with the Land Development Agency as required on the identification and management of alternate sites for heavier industrial activity.

Southern State Waste Recycling applied for an Environmental Authorisation (EA) covering two activities under the Environment Protection Act 1997 (the Act); the crushing, grinding and separating of materials and the operation of a transfer station.

On 23 March 2017 Environmental Authorisation No: 1099 was granted by the Environment Protection Authority to Southern State Waste Recycling for the crushing, grinding and separating of materials. The authorisation contains limits on the amount and height of material that can be stored on site. As these limits are significantly less than what is currently on site, these conditions do not come into force until six months after the grant date (i.e. 23 September 2017).

The Environment Management Plan titled Southern State Waste Recycling Transfer Station Operational Environmental Management Plan prepared by SLR Consulting Australia (Report No. 610.15558 dated 8 June 2017) was endorsed by the Environment Protection Authority on 27 June 2017.

The Environment Management Plan details information on how the activity may impact on the relevant environmental factors and how those impacts may be mitigated and managed to be environmentally acceptable.

The Environment Protection Authority conducts regular site visits to check on compliance with environmental requirements and progress in meeting the EA conditions.

In progress.

Recommendation 50

The Committee recommends that the ACT Government outline the long-term strategy for managing the risk of increased costs associated with workers’ compensation scheme insurance premiums.

Government Response – Agreed in principle

The Government remains committed to the health, safety and well-being of all ACT Government workers, whilst ensuring the scheme obtains the best possible value for money outcomes for the Territory.

Significant resources are directed towards managing the Territory’s workers’ compensation liabilities, including via the Work Health and Safety and Workers’ Compensation Improvement Plan, which has been funded since 2011-12.

Funding of $2.8 million has been directed to the Plan in 2016-17, to support a suite of mutually reinforcing initiatives including:

• employment of specialist workers’ compensation and injury management staff to increase return to work service standards for injured workers;
• early intervention injury management and staff training programs;
• improved incident monitoring and response systems and procedures; and
• the design and implementation a more cost effective workers’ compensation scheme within the Territory’s own legislative jurisdiction.

The Improvement Plan has delivered positive returns on investment, having generated more than $20 million in premium cost reductions. Further claim liability improvements are forecast as initiatives continue to be rolled out.

The program outlined by the Government response is progressing as described, with one exception. Rather than legislate a new scheme for the public sector, the Territory has determined to stay insured within the Comcare scheme and to pursue improvement initiatives including the possibility of becoming a self-insurer for workers’ compensation under the Comcare scheme.

This approach is responsive to feedback from worker representatives and would mean that the types of compensation workers may currently receive would remain unchanged, however the Territory would exercise greater influence over insurer resourcing and claim management standards.

In progress.

Recommendation 51

The Committee recommends that ACT Government Shared Services develop a local business access plan to facilitate the provision of services by local ACT firms.

Government Response – Agreed in principle

A new ACT Industry Participation Policy is currently under development. This work is being led by the Local Industry Advocate and supported by Economic Development.

The Canberra Region Local Industry Participation Policy (LIPP) was implemented on 1 January 2017.

Complete.

Recommendation 53

The Committee recommends that if the ACT Government fails to lodge a contract on the ACT Government Contracts Register within 30 days of that contract being signed, that it provide an explanation on the Contracts Register.

Government Response – Agreed in principle

From 1 July 2016, the Government Contracts Register has been improved, and is now located with tenders on the Tenders ACT section of the Procurement website. The new Register enables quicker data entry and search functionality, as well as allowing the exporting of information about selected contracts to a spreadsheet, making it more user-friendly. The Territory will investigate the cost and feasibility of further enhancing the Contracts Register to publish the reason/s where a contract has been notified beyond 30 days after execution.

During 2016-17 internal processes have been improved to minimise the instances of late contract notification. These include monthly reporting of contract information to directorates; simplification of the notification process; and the reinforcing of the requirement for loading within the 21 days from execution in processes.

Further, the Territory will need to incorporate functionality for identifying instances of late contract notification within the Tenders ACT system. A quote has been sought from the incumbent service provider Moreton Blacketer to include this functionality, depending on the acceptability of the quote, its release would need to align with the Tenders ACT upgrade cycle.

Complete.

In progress.

Recommendation 54

The Committee recommends that the ACT Government consider the establishment of a lobbyist register for the ACT Public Service and report back to the ACT Legislative Assembly about how this system will be implemented.

Government Response – Agreed in principle

The current ACT Register of Lobbyists (the Register) applies to public servants and is managed by the Clerk of the Legislative Assembly.

The guidelines for the Register outline that the Register applies to all ‘public officials’ being Members of the Legislative Assembly, any person employed by such a person under the Legislative Assembly (Members’ Staff) Act 1989; and any person employed under the Public Sector Management Act 1994– which includes public servants.

The Register is supported by Guidelines, a Code of Conduct and an overarching principle that lobbying and lobbyists play a vital and beneficial role in any democracy. All these elements are designed to support the work of MLAs for the ACT and to maintain public confidence in government process.

The Lobbyist Register was established in 2014 predominantly to provide transparency and in recognition of “lobbying” being a legitimate activity within the democratic process. It was originally contemplated that MLAs would most commonly be the subject of lobbying activities by recognised lobbyists.

The register enabled MLAs to confidently entertain a registered lobbyist without perceptions of impropriety.

Subsequent guidance further recognised that senior public servants may also be the subject of lobbying activity seeking favourable outcomes.

To this end, public servants have been educated to recognise when they may be being lobbied and ensure the lobbyist is appropriately registered. Reminders about the register have been distributed to ACT public servants.

It is important that the register is maintained as a single source of authority for a lobbyist to engage in lobbying activity with any public official, be they a MLA or public servant.

The register continues to apply equally for public servants and MLAs and there is limited value in establishing a separate register for public servants.

Complete.

Recommendation 55

The Committee recommends that the ACT Government consider implementing a system that records details of relevant representations made to the ACT Government.

Government Response – Agreed in principle

The ACT Government will investigate, with the Office of the Legislative Assembly, the feasibility of establishing a register of representations as part of the Lobbyist Register.

Feasibility and the mechanics of an additional reporting requirement under the Lobbyist Register continue to be explored.

In progress.

Recommendation 56

The Committee recommends that the ACT Government ensure a periodic report is published outlining the activities of the Local Industry Advocate.

Government Response - Agreed

The appointment of a Local Industry Advocate was identified as a priority activity in the ACT Government business development strategy Confident and Business Ready: Building on Our Strengths, released in May 2015. Reporting on activities and outcomes of the work of the Local Industry Advocate will occur as part of the reporting framework of Confident and Business Ready.

Reporting on the activities the Local Industry Advocate will be included in future reports on the implementation of Confident and Business Ready: Building on Our Strengths.

Complete.

Recommendation 58

The Committee recommends that the ACT Government continue to promote Canberra as destination for international tourism and provide details to the ACT Legislative Assembly on progress in doing so.

Government Response - Agreed

VisitCanberra is working with Tourism Australia and Singapore Airlines to finalise co-operative marketing partnership agreements that will see Canberra promoted to priority international markets through trade and consumer marketing programs and activities.

VisitCanberra in partnership with Singapore Airlines and Tourism Australia has commenced marketing activities in Singapore and Malaysia.

Marketing activities focus on raising awareness of key experiences in Canberra and promoting the new sales airfares to Canberra from Singapore and New Zealand. Proposed timings, activities and sales fares for each market:

• Singapore – campaign commenced 20 June 2016 and includes a mix of outdoor, radio, print, digital, social, mobile and public relation activities. Promotional sales fare of SGD$648 return.
• Malaysia – campaign commenced 3 July 2016 and includes a mix of outdoor, radio, print, digital, social and PR activities. Promotional sales fare of MYR$1,918 return.

VisitCanberra in partnership with Singapore Airlines ran a co-operative campaign in market in New Zealand promoting a sales fare of NZD$392 return. The campaign ran from 2 May to 20 June 2016. Activity included outdoor, radio, print, digital, social, primary sponsorship of Wellington Night Noodle Markets, public relations and trade promotions.

VisitCanberra continues to drive destination awareness in key international markets via a range of trade and consumer activities. These include:

• Travel Revolution Consumer Fair, Singapore: February 2016.
• Singapore Sales Mission: March 2016.
• Inbound Tourism Operator workshop and familiarisation in partnership with ATEC: March 2016.
• ATEC International ready workshop: May 2016.
• AOT Mega familiarisation, with over 28 travel agents from 10 countries including UK, USA, Germany and Australia: May 2016.
• Australian Tourism Exchange: May 2016.
• ATE Pre and Post familiarisations with agents from Singapore and India to Canberra: May 2016.
• Sichuan Airlines familiarisation: June 2016.
• Wellington Sales Mission: June 2016.

Participation in Tourism Australia’s Aussie Specialist Program – online platform used to train retail travel agents in over 110 countries.

Since the start of the year VisitCanberra has hosted 14 journalists and influencers through its Visiting Journalists and Influencer Program who have produced articles, blogs and images.

The Canberra Region Visitors Centre continues to service visitors providing advice on all things to see and do in the nation’s capital.

The Government has established the position for Commissioner for International Engagement to drive overall international strategy, which includes a focus on international tourism business opportunities.

On 20 September 2016 Singapore Airlines commenced new direct international services to Canberra from Singapore and Wellington, New Zealand. “The Capital Express” links Canberra with Singapore and Wellington via a four flights per week service. The first flight into Canberra arrived from Singapore on 21 September 2016.

VisitCanberra has entered into a cooperative marketing partnership agreement with Singapore Airlines to support inbound activities for these services. This will include a focus on New Zealand and both direct and connecting services through the Singapore hub.

Visit Canberra in partnership with Singapore Airlines has implemented several co‑operative campaigns targeted to consumers and/or trade marketing activities in Singapore, Malaysia, Hong Kong and Wellington.

VisitCanberra continues to drive destination awareness in key international markets via a range of trade and consumer activities.

The Canberra and Region Visitors Centre, in its new location at Regatta Point, continues to service visitors providing advice on all things to see and do in the nation’s capital.

The Government established the position of Commissioner for International Engagement in July 2016 to drive overall international strategy, which includes a focus on international tourism business opportunities. Canberra’s International Engagement Strategy was launched by the Chief Minister in September 2016, outlining the government’s approach to international engagement activities and strategy.

Complete.

Recommendation 59

The Committee recommends that the ACT Government work closely with relevant stakeholders to ensure that any new facilities in the ACT meet the needs of the wider swim sports community.

Government Response – Agreed in principle

Appropriate consultation with user groups and the wider community will be undertaken in the course of any new facility developments. Any future requests for funding will be considered by the Government against other competing priorities in the budget context.

Community consultation for the future Stromlo Pool was completed in early 2017. Feedback received during consultation will help inform the Request for Tender for the Design and Construction of the Stromlo Pool. For further information regarding the outcomes of the consultation process please refer to: www.yoursay.act.gov.au/your-say-stromlo-pool

Complete.

Recommendation 61

The Committee recommends that the ACT Government continue to keep the Kingston community informed on progress in the Kingston Foreshore Arts Precinct.

Government Response - Agreed

Community engagement will continue throughout the Kingston Arts Precinct development.

Community engagement about changes at the Kingston Arts Precinct is ongoing.

Complete.

Recommendation 63

The Committee recommends that the ACT Government provide adequate funds and upgrades to Tuggeranong Arts Centre to ensure that it is compliant with safety standards.

Government Response - Agreed

Upgrades to the Tuggeranong Arts Centre can be addressed through reprioritisation of the Chief Minister, Treasury and Economic Development Directorate’s existing Capital Upgrades funding.

Highest priority safety upgrades were completed at Tuggeranong Arts Centre in 2016-17 including replacement of rear deck timbers and rectification of deck balustrade and handrails to make safe.

Complete.

Recommendation 67

The Committee recommends that the Budget Papers in following years clarify ministerial responsibilities in relation to associated Outputs.

Government Response – Agreed in principle

The Government is proactively working to identify ways of improving the readability and accessibility of budget documentation. This recommendation will be considered in that context.

As outputs and output classes are part of each directorate’s administrative structure, this is the focus of agencies’ Budget Statements, although it is open to agencies to specify the responsible Minister if they wish. Ministerial responsibilities can, however, be aligned with these lines of reporting by reading the relevant Budget Statement in conjunction with the ACT Government Structure (refer to Appendix A of 2017-18 Budget Paper No.3).

Complete.

Recommendation 104

The Committee recommends that the ACT Government develop a plan to promote heritage tourism for the ACT.

Government Response – Agreed in principle

The Government has already implemented the ACT Government’s Canberra Tracks initiative and the Canberra and Region Heritage Festival.

Canberra Tracks is a series of self-drive heritage trails throughout Canberra, supported by interpretive signage, a website and smart phone applications, and tourism media available at attractions, the visitor centres, hotel receptions and at Floriade.

Delivering the annual heritage festival provides expertise in engaging with the public to heighten awareness of heritage.

The ACT Government will continue to build upon these platforms to further promote heritage tourism for the ACT.

The Government further notes that heritage tourism is captured in VisitCanberra’s marketing strategy aimed at raising awareness of key destination experiences. These experiences include:

• arts and culture;
• food and wine;
• outdoors and nature;
• family fun; and
• major events and festivals.

In response to current travel trends, VisitCanberra will continue to promote short breaks that profile key experiences and events of relevance to target audiences in priority markets. Marketing activities will communicate what’s unique and appealing about the destination and find ways to cut through the marketing clutter in the highly competitive tourism category.

A key emphasis will be on improving the quality and volume of authentic content on our owned channels and ensuring relevant information is communicated in an easy and timely manner.

VisitCanberra currently promotes the following heritage related activities on the visitcanberra.com.au consumer website:

• Gungahlin Heritage Trail
• Woden Heritage Track
• Tuggeranong Heritage Track
• Belconnen Heritage Trail
• Bega Cheese Heritage Centre
• Ngunnawal Country Heritage Trail
• Limestone Plans Heritage Trail
• ACT Pioneers Cemetery Heritage Trail
• Looking at Canberra Heritage Trail
• Canberra Tracks – Self Drive Heritage Trails

VisitCanberra also works closely with ACT Historic Places to promote Lanyon Homestead, Calthorpe’s House and Mugga-Mugga Cottage. The Heritage Festival events are also promoted through visitcanberra.com.au, the Canberra and Region Visitors Centre and the VisitCanberra Industry Link newsletter.

Whilst not specific to VisitCanberra, the ACT Heritage Grants Program is an annual funding program, available to assist the community in working to preserve and promote the heritage of the ACT.

Complete.

Recommendation 110

The Committee recommends that arrangements for teachers applying for or renewing their Working with Vulnerable People registration be streamlined across the relevant agencies.

Government Response - Agreed

The Education Directorate, Access Canberra and Teacher Quality Institute are working together to streamline renewal of Working with Vulnerable People registration.

The process for teachers applying for or renewing a Working with Vulnerable People registration has been communicated with the Teacher Quality Institute, Education Directorate, and teachers directly.

Complete.

Recommendation 111

The Committee recommends that the ACT Government provide advice about how people are notified about the expiration of their Working With Vulnerable People cards.

Government Response - Agreed

As part of registration review processes associated with Working With Vulnerable People accreditation, Access Canberra writes to current registered card holders eight weeks prior to expiry of the registration. In addition, Access Canberra engages with employers and peak bodies to encourage their staff and volunteers to renew in a timely manner.

Considering the education sphere, teaching staff are notified by three Government entities: Access Canberra; ACT Teacher Quality Institute and their employer.

Access Canberra communicates with individuals eight weeks prior to expiry date of registration, the ACT Teacher Quality Institute four weeks from expiry of registration, and if required, one week from expiry. Employers have daily and weekly communications with individuals to raise awareness of, and compliance with, renewed Working with Vulnerable People registration.

Access Canberra writes to current registered card holders eight weeks prior to expiry of the registration. In addition, Access Canberra engages with employers and peak bodies to encourage their staff and volunteers to renew in a timely manner.

Complete.

Recommendation 122

The Committee recommends that the ACT Government update the ACT Legislative Assembly on what actions are being taken to find suitable alternative accommodation for Gugan Gulwan Youth Aboriginal Corporation.

Government Response - Agreed

Gugan Gulwan Aboriginal Youth Corporation operates from a former youth centre in Erindale, with space of 500 square metres. The ACT Government has completed a number of improvements to their tenancy to support Gugan Gulwan at their existing centre.

The Government has also made several offers of alternative accommodation. Spaces offers at Pearce Community Centre, former Health Centre at Calwell and Erindale Business Park were not accepted as they were a shared tenancy. Sole occupancy at Tharwa Neighbourhood Hall was rejected because of distance and transport concerns and because of existing relationships in the area.

The Government is continuing to work closely with Gugan Gulwan to find suitable accommodation with particular reference to the south side of Canberra which is their preferred location.

Gugan Gulwan Aboriginal Youth Corporation operates from a former youth centre in Erindale, with space of 500m². The ACT Government has completed a number of improvements to their tenancy to support Gugan Gulwan at their existing centre.

Spaces offered at Pearce Community Centre, former Health Centre at Calwell and Erindale Business Park were not accepted as they were a shared tenancy. 200 Scollay St in Greenway was rejected because it did not have an outdoor play area.

Sole occupancy at Tharwa Neighbourhood Hall was rejected because of distance and transport concerns and because of existing relationships in the area.

The ACT Government is continuing to work closely with Gugan Gulwan to find suitable accommodation with particular focus on the south side of Canberra which is their preferred location.

In progress.

Recommendation 1

The Committee recommends that the Legislative Assembly (Parliamentary Budget Officer) Bill 2016 not be further considered by the Eighth Assembly, and that the Bill be scheduled for consideration by an appropriate committee of the Ninth Assembly in a manner that the Ninth Assembly may decide is appropriate following the formation of the Ninth Assembly.

Government Response – Agreed in principle

The Government supports further consideration of the Bill by a committee of the Ninth Assembly, while acknowledging that this will ultimately be a decision of that Assembly.

The Government is sympathetic to the main aim of the Bill, namely to provide Members of the Legislative Assembly (MLAs) with enhanced policy costing services. However, the Government remains opposed to the creation of a Parliamentary Budget Office (PBO) in order to achieve that aim. It is not a practical solution to the problem.

There is a critical mass of staffing needed to make a PBO properly functional and to have the subject matter expertise and experience to cover the many and diverse portfolio interests in the ACT. The Commonwealth PBO – the only full time, permanent PBO in Australia – has a team of around 45 officers. This represents a ratio of PBO staff to parliamentary members of about 1:5. However, the absolute size of the team enables it to achieve that critical mass of expertise and experience.

A similar ratio of PBO staff to parliamentary members in the ACT would yield a PBO of only five staff; too small to form that critical mass of expertise and experience. It would also be too small to cope with the peak demand of costing requests during election periods. Treasury’s experience of costing requests during the 2012 election period would indicate that the PBO would need to expand to around 20-30 staff during such periods. However, were the PBO to be any larger, it would be significantly out of proportion with the size of the ACT Assembly.

Nevertheless, the Government’s view is that there would be benefit in further consideration of the Bill, the issues that it raises and possible alternative, more practical solutions to the aim of enhancing policy costing services for MLAs, should the next Assembly consider that to be worthwhile.

The Government will determine the appropriate timing for consideration of this Bill by a committee of the Ninth Assembly in its current term.

In progress.

Recommendation 3

Consideration of Better Practice Initiatives (Chapter 4)

ACT Government entities who manage non-ACT Government debts, and do not have a low risk with respect to the collection of this revenue, should assess their debt management practices against better practice, and modify their practices accordingly.

Government Response - Agreed

The Government will require agencies to review their debt management practices once the guidance on the general principles of debt management is made available by CMTEDD. Agencies will be required to consider the principles outlined in the guidance as well as relevant inter-jurisdictional best practices to determine whether changes are required to their DGFIs. The potential application of better practice models must be analysed by agencies from a number of perspectives including risk, cost, IT capabilities and impact on efficiency, to determine whether it is worth pursuing. The review will also be influenced by any underlying policy or legislation and social sensitivities.

Preliminary research into a broader debt management framework for ACT Government has been included in a paper and CMTEDD is also considering current debt management practices against a better practice model at the whole-of government level. This paper will be presented to the Strategic Board for endorsement of the road map for the overall improvement of the collection level of external debts.

In progress.

Recommendation 2

The ACT Government should review the UC’s performance in providing affordable accommodation to students against objectives and outcomes sought by the provision of ACT Government funding.

Government Response - Agreed in principle

Noting the short period that much of the accommodation has been operating for, it is considered premature to review the projects at such an early stage. Nonetheless, the Government will continue to monitor performance and undertake reviews at an appropriate time.

The government considers that the timing is now appropriate to review the impact of National Rental Affordability Scheme (NRAS) on student rental affordability. This review will include analysis of average rents on pre-NRAS UC student accommodation and the 600 new dwellings now in operation under the scheme.

To be undertaken and completed by 30 June 2017.

In progress.

Recommendation 4

The Chief Minister, Treasury and Economic Development Directorate (CMTEDD) should, as a priority, take a lead role in implementing benefits management, including developing a whole-of-government Benefits Realisation Plan and associated documentation. This plan should identify and document the benefits to be realised by the project, their timing, ownership, critical dependencies for the achievement of the benefits and associated key performance indicators.

Government Response – Agreed in principle

The Government agrees-in-principle to developing a Benefits Realisation Plan for the Project, with Treasury taking the responsibility for developing it.

Lessons learned about benefits realisation in Stage 1 Light Rail will assist in the rollout of future stages of the Light Rail Network, through the preparation of various project scoping documents such as business cases. Furthermore, the intended Benefits Realisation Plan for the Project could serve as a robust point of reference for assessing benefits realisation relating to future projects by both the private and public sector within the ACT.

Infrastructure Finance and Advisory within CMTEDD, working with Transport Canberra and City Services (TCCS) and other stakeholder directorates developed a Benefits Realisation Plan for the Light Rail Project. It was approved by the Light Rail and Parkes Way Project Board in January 2017.

The Plan, which is ‘owned’ by the Under Treasurer, is updated regularly and presented to the Light Rail and Parkes Way Project Board.

Complete.

Recommendation 1

Issue of ACT Government Credit cards (Chapter 2)

ACT Government Entities should regularly, and at least annually, review the allocation of ACT Government credit cards and determine if cards not being used should be rescinded.

Government Response - Agreed

Entities will annually review the allocation of ACT Government credit cards.

CMTEDD will continue to periodically review the directorate’s allocation of ACT Government credit cards and update users as required.

Complete.

Recommendation 3

Automated Credit Card Acquittal Facility (Chapter 2)

Shared Services should progress actions to advance the implementation of an automated credit card acquittal facility for the administration of credit cards.

Government Response - Agreed

Implementation of an Expense Management System to support an automatic credit card acquittal facility is planned for 2017-18, following the finalisation of the Invoice Automation project which is currently being undertaken.

The implementation of an Expense Management System (EMS) was recommended as part of a feasibility study to automate Accounts Payable. An EMS will improve reporting functionality relating to expenditure transactions as well as strengthen governance arrangements.

Additionally, the Accounts Payable Invoice Automation Solution which will process accounts payable invoices through a workflow process is due to go-live in August 2017. This particular software solution also provides for an electronic workflow solution that may be leveraged for an implementation of a suitable EMS solution. Currently, a statement of requirements document providing the specifications of the Territory is being prepared. This requirements document will be used to assist in the assessment and determination of whether this particular option of an EMS is feasible and suitable for usage by the ACT Government as an EMS as per the Territory’s specifications. Where this option does not meet the specifications, then Shared Services will go to market.

It is anticipated that an EMS will be implemented in 2017-18 allowing greater use of purchasing/credit cards across the ACT Government. Shared Services will progress actions to advance the implementation of an automated credit card acquittal facility, once the invoice automation project has been delivered in early 2017-18.

In progress.

Recommendation 4

ACT Government Policy on Use of Cards (Chapter 3)

The Chief Minister, Treasury and Economic Development Directorate should assess the merits, or otherwise, of using cards as a key accounts payable mechanism for goods and services and if appropriate, provide whole-of-government direction including specifying controls to manage associated risks.

Government Response – Partially Agreed

The Government has already assessed the merits of using credit cards as a key accounts payable mechanism for goods and services and supports the use of credit cards for low value/low risk transactions. As noted in the response to Recommendation 3, an Expense Management System is planned to be implemented during 2017-18 which will support the increased use of credit cards. A policy will be issued in conjunction with the availability of the Expense Management System, applying to entities with access to that system, to ensure that the increased risks associated with increased credit card usage are able to be appropriately managed and mitigated.

It is anticipated that an Expense Management System (EMS) will be implemented in 2017-18 allowing greater use of purchasing/credit cards across the ACT Government. In conjunction with the implementation of an EMS, Shared Services will work with Treasury to finalise an agreed policy on the use of credit cards issued. Entities that do not use the EMS will be covered by the principles of the policy.

In progress.

Recommendation 5

Credit Card Guidance and Use (Chapter 4)

All ACT Government entities should provide guidance on credit card management and administration for all supporting controls. However particular attention needs to be given to guidance on:

• tax invoices, especially explaining the need for these to be obtained for all transactions over $82.50 (GST inclusive) and defining what constitutes a tax invoice;
• appropriate retention of documentation to demonstrate appropriate use; and
• the use of whole‐of‐government purchasing arrangements, including the need for documentation to demonstrate any departures from the arrangements.

Government Response - Agreed

Entities will review their existing credit card guidance to ensure these areas are adequately covered, if not already covered.

Shared Services provides general guidance to all ACT Government entities on the use of credit cards.

CMTEDD specific guidance on the use of credit cards is contained within the directorate’s Director-General Financial Instructions (DGFI) and Fact Sheets, which are in the process of being updated to reflect the recommendation.

In progress.

Recommendation 6

Data for Monitoring and Review (Chapter 4)

All ACT Government entities should investigate opportunities to:

• access Corporate Online for the purpose of obtaining detailed transactional data on credit card use within the entity; or
• receive reports from Shared Services with respect to credit card use within the entity; and
• use transactional data, or reports from Shared Services, to review and evaluate the use of credit cards within the entity, including the ongoing appropriateness of the issue of credit cards to staff and any opportunities for improvement with respect to the efficient and effective management of credit cards in the entity.

Government Response - Agreed

Shared Services will investigate the use of Corporate Online by all agencies and additional analytics for Shared Services entities.

In November 2016, Shared Services was advised by Westpac, that officers within directorate Strategic Finance areas can be given access to their directorate’s respective credit card facility. Access can be provided to a suite of reports that will enable the directorate to view cardholder transactions, including previous day information, card balances, and monthly statements. Credit card information including card balances, transactions and statements remain available in Corporate Online for 24 months. Reports and export files remain available for 100 calendar days.

Entities that do not use Corporate Online and are not supported by Shared Services have implemented the necessary controls in place for the efficient and effective management of credit cards in their entities.

Shared Services reported to the May 2017 Finance Collaboration Forum meeting on the outcome of its investigation and advised on the suite of reports that are available to entities using Corporate Online to assist them in the efficient and effective management of credit cards. These entities will be making use of those reports.

Complete.

Recommendation 1

Purpose Of Land Acquisitions

Government agencies proposing to acquire land should identify the purpose for which the land is to be acquired and the means by which the land is to be acquired, e.g. a market-based transaction or acquisition under the Lands Acquisition Act 1994 (either through negotiation or by compulsory acquisition). The process to be followed should be clearly documented at an early stage.

Government Response - Agreed

A comprehensive review of legislation, policies and procedures relating to land acquisitions is being undertaken. The above requirements will be addressed as part of that review.

The passing of the City Renewal Authority and Suburban Land Agency Act 2017 by the Legislative Assembly has provided a clear governance framework that has addressed this recommendation.

This legislation establishes the City Renewal Authority and Suburban Land Agency and articulates new governance arrangements from 1 July 2017. It provides robust governance arrangements and strong accountability to Ministers, Government and the community.

Mechanisms enabled in the legislation to support these include:

• Notifiable Instruments outlining the Statement of Expectations from the Minister to the City Renewal Authority and the City Renewal Authority Statement of Operational Intent (S.17, S.18);
• Disallowable Instruments making directions for land acquisitions for both the City Renewal Authority and Suburban Land Agency (S.63); and
• Quarterly reports on acquisitions, including copies of valuations considered during the acquisition to the Minister that are to be tabled in the Assembly within 5 days (S.13).

The governance processes for the new entities will be monitored by the Environment, Planning and Sustainable Development Directorate (EPSDD) Governance team. Documentation and approvals for acquisitions will be closely overseen by EPSDD as part of this process.

Complete.

Recommendation 7

Procurement And Contracting

The Land Development Agency and Economic Development should develop policy and associated procedures with respect to the contracting of former executives and staff through ongoing non- competitive procurement processes. The policy and associated procedures should provide explicit guidance on the circumstances in which it is appropriate for former executives and staff to be employed through on-going non-competitive procurement processes.

Government Response - Agreed

This recommendation will be addressed as part of the review referred to at Recommendation 1.

The LDA has completed a comprehensive review of its business protocols and practices which includes the matter of single select procurement and the employment of former LDA executive staff.

A whole of government Commercial Engagements with former ACTPS Executives has been issued by the CMTEDD.

This document brings together established procurement and recruitment policies in a whole of government context to address the issue of contracting former executives and staff.

Complete.

Recommendation 1

Regulatory Strategy And Program

Develop and formally adopt a regulatory strategy and program of activities to guide the Asbestos Team's regulation of loose-fill asbestos demolition work.

Government Response - Agreed

Access Canberra plays an important role in the ACT Government's regulatory strategy and program:

• implementing the Government's regulation to protect our community and environment; and
• cutting red tape and improving the connection to regulatory services for individuals and business.

These are the two principles that guide Access Canberra's activities.

Access Canberra's publicly available Accountability Commitment establishes its overarching regulatory strategy. WorkSafe’s Compliance Framework, used in conjunction with the Accountability Commitment, provides a sector specific framework focused on a risk based approach to compliance and enforcement. This supporting documentation was used by the Asbestos Team within WorkSafe to guide its regulatory response in monitoring the Mr Fluffy demolition program.

Notwithstanding the abovementioned governance framework, Access Canberra acknowledges the recommendation to adopt a dedicated strategy and program specific to the work of the Asbestos Team. Access Canberra has developed and finalised two governance frameworks that will address this recommendation.

1. Regulatory Approach:The purpose of this framework is to clearly articulate the objectives and general principles for WorkSafe ACT's role in the ACT Government Loosefill Asbestos (Mr Fluffy) Insulation Eradication Scheme.
2. Program of Activities: This framework brings together existing documentation and procedures to set the regulatory methodology. This documentation covers the continuum of activities involved in this regulatory process, formally identifying the regulatory tools and inspection processes, and the delineation between mandatory process and when and how regulator discretion should be applied in this scheme.

Finalisation of the two recommended governance frameworks (the Regulatory Approach and Program of Activities) also forms the basis of Government Response for Recommendations 2, 4, 5 and 6.

In addition to the new governance frameworks, revised operational procedures for the Asbestos Team have been developed.

Implementation of the new frameworks and procedures is predominantly via formal team meetings with outcomes documented and dedicated training sessions conducted with inspectors in the Asbestos Team (the Team) as required. On-going supervision will ensure continuing compliance with the revised frameworks.

In progress.

Recommendation 2

Regulatory Program

The program of activities to guide the Asbestos Team's regulation of the demolition of loose-fill asbestos contaminated houses should:

1. reflect existing documented guidance from Access Canberra (and the previous Office of Regulatory Services) in the program's development;
2. specify which Asbestos Team workplace inspections are mandatory or discretionary. For discretionary inspections guidance should be provided on how this is to be determined; and
3. be regularly reviewed and changes made in response to performance, emerging risks and lessons learnt. Reasons for changes should be formally documented.

Government Response - Agreed

Access Canberra has developed a program of activities specific to the operational requirements of the Asbestos Team to address this recommendation. The program of activities brings together existing documentation from across Access Canberra, the previous Office of Regulatory Services and WorkSafe into one comprehensive document.

The program of activities addresses the type of inspection activity to be undertaken, prioritisation of these activities and application of discretion via Access Canberra's existing risk and harm framework. The program of activities also formally steps out reporting requirements, which will in turn enable the Asbestos Team to formalise its culture of continuous improvement.

1. New documents have been developed to articulate the aim of the regulatory activity, define outcomes and describe actions to be taken in achieving the regulatory strategy:
   • WorkSafe ACT: Regulatory Approach ACT Government Loose-Fill Asbestos (Mr Fluffy) Insulation Eradication Scheme.
   • Program of Activities – Asbestos Team’s Regulation of Loose-Fill Asbestos Removal and Demolition Work.
   • Operational Procedures for Asbestos Team – Inspection Process.
2. Access Canberra is committed to conducting four Work Place Visits (WPV) per demolition under the Scheme:
   • visits are mandatory, only the timings are discretionary based on workloads, risk assessment and contractor requirements;
   • this requirement is addressed in both the Program of Activities and Operational Procedures;
   • the use of discretion is referenced in the Program of Activities;
   • new section added on use of discretionary powers based on the NSW Ombudsman guidance note on Discretionary Powers to the Program of Activities;
   • new training on exercising discretionary powers is been introduced.
3. Consistent review with all information/decisions/justification being documented:
   • All documents will reflect the overarching Compliance Framework.
   • The purpose behind each inspection will be stated.
   • Management will analyse trends via review of completed WPV forms, one-on-one catch ups with inspectors and team meetings.
   • Trends will be reflected in the updated work processes document.
   • A briefing paper on the review (monthly) will be created identifying/justifying any changes. Where no changes are made, this will also be documented with some form of justification.

Monitoring responsibilities are vested in the Asbestos Team Manager.

In progress.

Recommendation 3

Resourcing Analysis

WorkSafe ACT should bring forward the resourcing review originally noted by the Eradication Scheme Steering Committee for mid 2017 to early 2017 and should take into account the regulatory strategy and program of activities for the Asbestos Team.

Government Response - Agreed

Access Canberra agrees to bring forward the resourcing review to include the regulatory strategy and program of activities for the Asbestos Team. Access Canberra will consider the staffing levels against mandatory requirements for each property as identified in the Auditor-General's report.

Access Canberra has reviewed existing resources and projected requirements for the remainder of calendar year 2017 and the first half of 2018.

Complete.

Recommendation 4

Performance Measures

Performance measures for the Asbestos Team’s regulation of the demolition of loose-fill asbestos contaminated houses should be established. These should include:

1. internal performance measures that allow WorkSafe ACT to review individual and team performance in relation to program goals and targets; and
2. measures that focus on the monitoring of compliance and improvements in safety standards.

Government Response - Agreed

In addition to the performance measures utilised by Access Canberra and our commitment to managing for performance, WorkSafe ACT has included performance measures in the Asbestos Inspection Team Regulatory Approach specific to the regulation of the Mr Fluffy scheme. The measures focus on good regulatory performance and outcome/activity based evidence. These measures will be used by team management to monitor and review the performance of the Asbestos Inspection Team on a regular basis.

These performance measures coupled with individual performance reviews and performance development plans will support a culture of continuous improvement.

1. Performance measures of success outlined in the following documents:
   • Program of Activities– Asbestos Team’s Regulation of Loose-Fill Asbestos Removal and Demolition Work.
   • WorkSafe ACT: Regulatory Approach ACT Government Loose-Fill Asbestos (Mr Fluffy) Insulation Eradication Scheme.

   Inspectors to be trained on the new internal performance measures. Measures to flow down from the above documents into operational procedures and reflected in Personal Development Plans.

2. Review mechanisms will include formal review of a proportion of WPV documentation and monitoring of non‑compliance through improved quality assurance processes.

Team meetings will provide the forum for discussing improvements to safety standards across sites. These improvements will be formally documented in meeting minutes and adopted in governance documents as required.

Inspectors to be trained in target performance measures and officers appointed to conduct review of actual performance against targeted performance.

In progress.

Recommendation 5

Asbestos Team Regulatory Activities

The implementation of the program of activities to guide the Asbestos Team's regulation of loose fill asbestos demolition work should be:

1. appropriately documented, stating the purpose of the activity, and how any permitted discretion has been applied;
2. subject to quality assurance. This should include a review of documented records, particularly inspection reports, and records should be maintained of quality assurance activities such as meetings and supervisory discussion with inspectors;
3. supported by documented probity procedures in order to protect Asbestos Team inspectors and regulated entities;
4. informed by risk assessments. These need to be documented and reviewed, and be used as part of the prioritisation process in relation to programmed inspection planning, site and entity-based inspection activity, inspectors personal safety and ACT Government versus private owner initiated demolitions; and
5. supported by procedures for documentation including specifying when documents are to be created and how they are to be managed. A managerial review of documentation should occur to check for completeness and accuracy of records.

Government Response - Agreed

A program of activities has been developed specific to the operational requirements of the Asbestos Team to address this recommendation. The program of activities brings together existing documentation from across Access Canberra, the previous Office of Regulatory Services and WorkSafe ACT into one comprehensive document.

1. The program of activities includes a section on regulatory tools, which provides officers confirmation of their discretionary powers and specifically outlines how WorkSafe ACT Inspectors apply discretion in the execution of their duties. Furthermore, the revised Standing Operating Procedures and Workplace Visit Forms will also assist Inspectors in understanding the application and recording of discretion.
2. Management procedures will be amended to ensure documented records, particularly inspection reports are subject to quality assurance.
3. The Asbestos Team is already supported by the probity measures enshrined within the Public Sector Management Act 1994{PSM Act). Section 9 of the PSM Act relates to Public Sector Conduct and is the key driver behind the ACTPS Values, Signature Behaviours and the ACT Government's Code of Conduct. Access Canberra will continue to drive these behaviours across all its business units.
4. The Access Canberra Accountability Commitment and WorkSafe ACT's Compliance Framework set the context of a risk based approach to regulation. The Asbestos Team Regulatory Approach framework focuses on the team's application of this risk based approach. The framework outlines Access Canberra's multi-layered approach to identifying and addressing risk through:
   • CMTEDD Risk Management Framework;
   • development, maintenance and regular review of a Risk Management Plan and Strategic Risk Register;
   • the development, maintenance and regular review of a Divisional Risk Plan for each Division including WorkSafe ACT;
   • the development, maintenance and regular review of a Work, Health and Safety Risk Plan for each Division including WorkSafe ACT;
   • the Compliance Assurance Framework which includes the key Governance and Risk Management Policies.
5. Access Canberra's Records Management Team will work together with WorkSafe ACT to review existing document storage and management practices. Work is also being undertaken to ensure Access Canberra's Customer Relationship Management (CRM) system is being used to its full potential.

1. Situations where a regulatory activity has taken place – whether that be a site visit or the issuance of a notice - will be recorded and where discretion has been applied the inspector will note and provide justification on the WPV/file.
   • This is consistent with the approach outlined for Recommendation 2(b).
   • Process will be outlined in the Program of Activity.
   • To also apply in circumstances where additional visits have occurred outside of mandatory site visits.
   • A statement on the appropriate use of discretion, its legislative basis and the importance of documenting it (where applied) is to be developed.
2. Quality assurance ensured through:
   • A review mechanism focussed on qualitative (content of WPVs) and quantitative (number of visits) measures.
   • Inspectors will peer review each other’s work.
   • Manager to review a proportion of WPVs that have been peer reviewed.
   • Regular team meetings.
   • One-on-one inspector meetings with manager and documenting outcomes.
   • Administration officer to check current levels of compliance with file requirements.
   • Final sign off to close job file to be completed in line with an agreed checklist.
   • Milestones on each job to be established which trigger a review. This ensures that files are kept up to date and there is no unnecessary lag period between operational work and the filing of documentation.
3. Possible regulatory capture to be addressed through:
   • Procedures include a statement about the appropriate application of Inspector powers in relation to equity and objectivity.
   • The Asbestos Team Manager will be signing off on tasks assigned to Inspectors. This will avoid Inspectors repeatedly being allocated to the same principal contractors.
   • Decision rationale, risk management, quality assurance, outcome/output reporting and oversight mechanisms will be outlined.
   • All decisions to have justification (i.e. allocation of jobs, justification for particular courses of action having been taken in view of any non-compliance.
4. • Risk assessments developed for the planning of inspections program will include an asbestos team risk register.
   • Procedural guidance on conducting personal risk assessment when conducting site visits included in operating procedures.
   • WPV forms include a template to be populated by the inspector before entering a work site for each type of workplace visit.
5. As outlined in other recommendations (2c specifically) record keeping practices will be enhanced by establishing a review mechanism to ensure the completeness of each file. Formal training on record keeping systems will also be provided.

In progress.

Recommendation 6

Asbestos Team Compliance Activities

Compliance activities of the Asbestos Team should be:

1. clearly defined and articulated in accordance with WorkSafe ACT's Workplace Safety: Compliance Framework (June 2016);
2. supported by a procedure to guide the validation, issuing and follow up of Improvement Notices and Prohibition-Notices and escalation of matters that warrant more than routine supervision by management; and
3. monitored and reviewed in relation to the Asbestos Team-specific; response to the WorkSafe ACT Compliance Framework.

Government Response - Agreed

The Compliance Model used for the ACT Government Loose-fill Asbestos Insulation Eradication Scheme utilises the various approaches outlined in the WorkSafe ACT Compliance Framework. The Regulatory Approach Framework has been developed as targeted guidance to assist and formalise the Asbestos Team's compliance activities.

A central part of the compliance approach is the use of the engage, educate and enforce model to engage with Asbestos Contractors during the demolition phase of a project. This has two key aspects:

• the delivery of a strong educative response through regular and valuable interaction with the Asbestos Response Taskforce, Procurement and Capital Works, and contractors working on the ACT Government program to support safe delivery of works; and
• the conduct of inspections during the demolition of an affected house.

These inspections are conducted by Inspectors in the WorkSafe ACT Asbestos Inspection Team who have received specific training. Inspectors are required to identify complying and non-complying matters when conducting these inspections to ensure the safe demolition of the identified site.

WorkSafe acknowledges the need for a formal procedure to guide the validation, issuing and follow up of Improvement Notices and Prohibition Notices and escalation of matters. WorkSafe will be developing these documents.

1. The new regulatory documents have been drafted with the assistance of subject matter experts and in light of the Compliance Framework.
2. Procedures:
   • Address the different regulatory responses to similar issues.
   • Outline how non-compliance is addressed and recorded.
   • Outline that inspectors will consult the Asbestos Team Manager prior to issuing notices. Management must respond to instances where a notice has been issued – or at least record that they were consulted.
   • Examples for each compliance measure and their appropriate use to be developed.
   • Further training from the internal Legal Officer on aspects and implications of issuing notices.
3. All instances of non-compliance will be followed-up with detailed records regarding action also being documented.
   • Specific non-compliance review and monitoring process instances (whether formal or informal) followed up not only by the responsible inspector, but also acknowledged by the Asbestos Team Manager.
   • Full cycle completion for issues identified including a statement in WPV or on the file identifying the issue has been dealt with by the contractor.

In progress.

Recommendation 7

Notifiable Incidents

Procedures for WorkSafe ACT's management of notifiable incidents should be developed, approved and implemented. They should include, amongst other things, guidance for receiving and responding to notifiable incidents and encouragement for ACT Government employees to notify incidents (i.e. 'when in doubt, notify').

Government Response - Agreed

Access Canberra has engaged a Governance Adviser to review, assess current governance arrangements and develop and strengthen processes where recommended. Procedures for the management of notifiable incidents will be developed to ensure staff are using this regulatory tool in the most efficient and effective way possible.

A working group will be established to draft management of notifiable incident procedures based on existing Access Canberra arrangements. This to be incorporated into WorkSafe ACT operating arrangements.

In progress.

Recommendation 8

Conduct Of Investigations

WorkSafe ACT's Standard Operating Procedure Serious Incident Inspection, Investigation and Prosecution (April 2011) and WorkSafe ACT's Inspection and Investigation Manual (February 2013) should be updated to include:

1. requirements for an investigation plan to be developed and approved for all major investigations {including terms of reference covering aim, scope and approach);
2. guidance on performance reviews relating to the conduct of investigations; and
3. guidance on additional probity controls to be put in place when WorkSafe ACT is required to conduct a regulator's investigation of itself as a 'person conducting a business or undertaking'.

Government Response - Agreed

Access Canberra has engaged a Governance Adviser to review, assess current governance arrangements and develop and strengthen processes where recommended. WorkSafe ACT's Standard Operating Procedure Serious Incident Inspection, Investigation and Prosecution (April 2011) and WorkSafe ACT's Inspection and Investigation Manual (February 2013) will be reviewed and revised with staff receiving further training as necessary.

1. A draft investigation plan template has been developed. There is a separate template for complex investigations and simple investigations.
2. An 'investigation' report document is being finalised. The Regulatory Advisory Committee (RAC) terms of reference to be amended so that updates are provided to RAC at key milestones and actions in the investigation and the use of CRM will allow for the tracking of investigations.
3. Annexure to the procedures being drafted providing additional probity advice when WorkSafe ACT is required to conduct; an investigation of itself as a PCBU.

In progress.

Recommendation 6

2020 Accommodation

ACT Property Group and Elections ACT should finalise a Memorandum of Understanding with accommodation arrangements being agreed well in advance (two years) of the 2020 election. If this is not done, Elections ACT should seek assistance from the Head of Service.

Government Response – Agreed in principle

Elections ACT has agreed that it would be desirable to settle its additional office accommodation needs well in advance of the 2020 election. ACT Property Group will work with Elections ACT to ensure their space requirements are met for the 2020 Election in accordance with the Memorandum of Understanding.

Meeting to be arrange with Elections ACT in the last quarter of 2017 to discuss the Memorandum of Understanding, including possible locations for office accommodation.

In progress.

Recommendation 1

The Procurement Board and PCW review how tenders are initiated, approved and monitored so that PCW has visibility of instances of multiple related procurement activities in order to avoid unnecessary costs to business and Government.

Government Response

Procurement and Capital Works (PCW) has acquired a new project management and reporting system, which is currently being implemented in Chief Minister, Treasury and Economic Development, Health, and Transport Canberra and Territory Services Directorates, with a view to eventually rolling it out across government. This system will enable much greater visibility of procurement activities and provide an opportunity for PCW to identify related procurement processes and recommend alternative procurement approaches where appropriate.

PCW continue with the implementation of a Project Management and Reporting System (P-MARS). The minimum viable solution was delivered by the supplier, Open Windows in the first half of 2017 and User Acceptance and Testing is progressing. PCW project officers have commenced their orientation in P-MARS and use of the system will be rolled out to the three directorates identified in the Government response during 2017. All Capital Works projects will be managed and reported on through this new solution. P-MARS is a proven system that will support the management and reporting of Capital Works projects funded through the Territory Capital Works Program. The system will be linked to the TendersACT system to provide greater visibility of procurement activities across government agencies and assist in avoiding the duplication of related procurement activities.

In progress.

Recommendation 2

The ACT Government review the capacity for the Procurement Board to undertake independent review of complaints or disputes that are made about procurement.

Government Response

There has been preliminary consideration given to enhancing the functions of the Government Procurement Board (Board) to enable it to be a review body for procurement processes covered by Free Trade Agreements to which the ACT Government is a signatory. It would be relatively straightforward to broaden this review role to encompass appeals in relation to all procurements conducted by the Territory.

Currently awaiting details on the implementation or otherwise of the Trans‑Pacific Partnership Free Trade Agreement.

In progress.

Recommendation 3

The Procurement Board undertakes a review of its policy guidance to officers. That guidance should address the reasonable occasions where a criterion cap on costs should be used.

Government Response

It is only in rare circumstances that a cap on costs would be advised to the market and this would be a decision for the relevant delegate. It was used in RFT 26352.110 issued in June 2015 to signal that the Territory had a limit to its preparedness to pay for a project management service. Advising the market of a cap would effectively invite the market to bid up to that limit and could discourage the achievement of value for money. Issuing guidance on the 'reasonable occasions' when a cap might be advised in an approach to the market will be considered, noting that it is appropriate only in rare circumstances.

Since there are very few instances where a cap approach is used, an approach which considers the merits of each particular case is being employed.

Complete.