B.3 Scrutiny

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:

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

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.

In progress.

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.

The Office of the Legislative Assembly is looking to recommence the Work in the Assembly Program this financial year. Funding is not available for a specific work in the Assembly program for Aboriginal and Torres Strait Islander employees, however, applications from Aboriginal and Torres Strait Islander employees will be encouraged for the program for all ACTPS employees.

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 2018 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 87

The Committee recommended the Government ensure the scoping study for a new Theatre Facility including the possibility of establishing a National Performing Arts Centre in the ACT.

Government Response – Agreed

The Government agreed stating the CMTEDD, in conjunction with the Cultural Facilities Corporation, will explore consideration of a performing arts facility of national status within the existing funding envelope identified for theatre studies.

$1.2 million was provided in the
2018-19 ACT Budget to prepare a comprehensive Business Case for a New Canberra Theatre Complex.

These funds are provisioned until Government has decided on the shortlist of options to be considered in the Business Case.

A demand and options analysis is currently being finalised, which will inform the selection of options to be considered in the Business Case.

The draft selection criteria that have been developed for shortlisting these options include Ability to contribute to the ACT as national capital, which further includes reference to live entertainment experiences appropriate for the national capital and theatre education programs, and development of live performance, of national capital status.

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.

In 2017-18 iConnect released the ACT Digital Account, establishing a digital service delivery channel that will enable people to personalise and customise their interaction with government.

As at 30 June 2018 it is being utilised by the Community Services Directorate for the ACT Diversity Register and My Family service.

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.

The ACT Government evaluated smart parking methods in the 2017-18 Annual Report, which was provided to the ACT Legislative Assembly.

Cashless transactions, which includes payments through Tap n Go and Parkmobile, now make up approximately 75% of all parking transactions.

Complete.

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.

CBRfree public WiFi is now live around town centres in Belconnen, Dickson, Kingston, Manuka, Weston Creek, Woden and Tuggeranong.  In the CBD it is live in City East, City West, Braddon and New Acton. It is also available at the Australian Botanic Gardens.

The full installation of CBRfree around the Gungahlin town centre has been delayed by construction work for the light rail network. CBRfree deployment in Gungahlin will resume once light rail works in Gungahlin have been completed.

As at August 2018 there were 375 Wireless Access Points installed, including 277 outdoor WAPs.

CBRfree is also available via 98 indoor WiFi hotspots installed at many business and community locations, including at Canberra Theatre, Belconnen Arts Centre, EPIC, Tuggeranong Basketball Stadium and the Criterion Cycling Stadium at Stromlo Forest Park.

Cost estimates for design and engineering of CBRfree deployments at a small number of group shopping centres are progressing.

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.

Further updates were provided by the Commonwealth on progress in the development of this strategy at the Tourism Minister’s Meeting held on 18 June 2018 in Adelaide.

Consistent with the alignment of the ACT 2020 Tourism Strategy with the national framework, updates the recommendations from the Beyond 2020 Strategy will be used to inform any updates to the ACT’s approach.

It is anticipated the National Beyond 2020 Strategy will be released in late 2018.

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.

The ACT Government is funding a three year program of pop up arts events and activities in Woden and Gungahlin from 2018-19 to 2020‑21. This program will also identify the arts and cultural needs of Woden and Gungahlin including for facilities.

In progress.

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.

Currently ACT Property Group do not have any suitable properties on its vacancy register that meet the accommodation needs of Gugan Gulwan.

$150,000 has been allocated in the ACT Government’s Budget for 2018‑19. This funding will support a project where government will work with Gugan Gulwan to identify suitable accommodation options.

The Community Services Directorate (CSD) is leading on this initiative.

Initial discussions with Gugan Gulwan will be scheduled shortly by CSD, followed by the establishment of a working group to talk through arrangements and the process going forward. ACT Property Group will be a participant in the working group.

In progress.

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.

The Debt Management Working Group (DMWG) consisting of ACT Government
representatives from CMTEDD (Shared Services, Treasury and Workforce Capability & Governance), ESA, JACS, Health and TCCS and a representative from the HR Directors Group Forum, was formed on 30 March 2017.

The DMWG provided an interim report in October 2017 to the ACT Public Service Strategic Board. A final report is to be provided to the Strategic Board by September 2018.

The main recommendation of this final report is for Shared Services to undertake debt management and debt collection for directorates on an end-to-end basis. In line with this recommendation the
2018-19 ACT Government Budget committed funding to Shared Services to acquire and implement a Commercial Off the Shelf (COTS) debt management solution by 30 June 2019.

In progress.

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 has advocated for a close examination of high risk licensing as part of the 2018 review of the template national work health and safety laws.

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 called for a detailed business case for how the facility will be used and managed going forward.

The process included the requirement to submit a package of documentation for preliminary review, prior to finalising a full response to the RFT.

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

In March 2017, Winnunga was successful in securing $49,500 of the IAS funding to develop a guiding strategy for Boomanulla Oval.  Winnunga submitted a Strategic Plan as part of its package of preliminary review documents in September 2017.

In light of importance and complexities of this project, government took time to ensure close attention was paid to every possibility that might enable Winnunga’s proposal to work, but in the end, it wasn’t possible.

The Territory formally ended the Tender process in July 2018.

Government is progressing interim restoration works at Boomanulla Oval in consultation with Elected Body and community representatives. This will enable the facility to reopen to the community later in 2018, and be used for informal recreation and community activities. Interim management and governance arrangements are being considered as part of this process.

In progress.

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.

This appointment provision has been reinstated in the current Act as section 8AA.

Notwithstanding the Government’s engagement in this action, the Speaker retains practical responsibility for matters relating to the appointment of the Auditor-General.

Complete.

Recommendation 2

That section 8 of the Auditor‐General Act 1996 be 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.

The Legislative Assembly Amendment Bill 2017, introduced by the Speaker in September 2017 and passed by the Assembly in November, included amendments for this purpose. Specifically, Clause 9 of the Bill inserted Section 8AA in the current Act, and prescribes the recommended 7 year non-renewable term of appointment.

The Government was engaged in the development of the Bill, however the Speaker retains practical responsibility for matters relating to the appointment of the Auditor-General.

Complete.

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 1996 do 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.

This recommendation reflected uncertainty regarding the potential for reappointment of the then current Auditor-General.

All practical matters associated with the appointment of the Auditor-General rest with the Speaker. The Government accordingly deferred to the Speaker’s policy and drafting consideration of any consequential provisions.

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

On 23 March 2017 EA No: 1099 was granted by the Environmental Protection Authority (EPA) to SSWR for the crushing, grinding and separating of materials. The EA contained limits on the amount and height of material that can be stored on site. As these limits were significantly less than what was currently on site, these conditions did not come into force until six months after the grant date  (i.e. 23 September 2017).

Given the amount of material stored on site, the EA also required SSWR to provide a financial assurance. The amount of the financial assurance was set at $250,000 and was provided to the EPA on 26 May 2017.

Under the EA, SSWR was also required to submit an Environment Management Plan (EMP). On  27 June 2017 the EPA endorsed the EMP, which contained the necessary management activities and control measures to avoid, minimise or manage environmental impacts in an acceptable manner.

The EPA continues to monitor activity on site to ensure SSWR are meeting all their environmental obligations, including dust suppression and ensuring loose material is not blown off-site.

The EPA’s observation on site is that the stockpile is being reduced in both height and volume. Environmental Protection officers continue to monitor this activity and remain in communication with the operators of SSWR.

Due to site and planning impediments to implementing additional environmental controls, the restrictive nature of both the EA and an Environment Protection Order and impending licensing under the Waste Management and Resource Recovery Act 2016, SSWR closed their operations on  1 March 2018.

SSWR surrendered their EA on  16 May 2018.

Access Canberra and TCCS are facilitating SSWR’s exit from the site. Talks are still underway between Access Canberra, TCCS and SSWR regarding when the exit will be finalised.

Complete.

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, 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.

An application for a workers’ compensation self-insurance licence has been lodged and is expected to be considered by the licensing authority at its November 2018 meeting. Subject to a favourable outcome, the new arrangements would commence in
March 2019.

In progress.

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.

As part of the next scheduled upgrade to the TendersACT system the incumbent service provider will be able to provide the Territory with a report that shows the date a contract was uploaded along with its execution date.  This is expected to be available at the end of September 2018. This upgrade will allow the Territory to determine instances of late contract notification and to report and provide feedback to Directorates.

In progress.

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.

Expanding the scope of the ACT Lobbyist Register to include in-house government relations staff, industry associations, and project management liaison officers and companies is a Parliamentary Agreement commitment. The feasibility and the mechanics of an additional reporting requirement under the Lobbyist Register continue to be explored, as part of the expansion of the Register.

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 is reviewing this matter further and has not yet reached a determination as to when it will be returned to the Assembly.

In progress.

Recommendation 2

The Committee recommends that, once the management contract for the street light network is signed, the Treasurer inform the Assembly of the costs, savings and incentives for network upgrades that arise from the contract.

Government Response - Agreed in principle

The Government will provide an update to the Assembly, following the signing of the management contract with the preferred proponent, which provides detail of the expected streetlight network improvements that will be implemented across the contract period.

The management contract was awarded to Electrix in April 2018. An update will be provided to the Assembly in 2018.

In progress.

Recommendation 8

The Committee recommends that ACT Government directorates and agencies’ adherence to their Record Management Programs should be reviewed by the Territory Record Office every three years, and that the results of these reviews be published.

Government Response - Agreed in principle

In 2017–18 the Territory Records Office will launch its Better Records Advice and Support Service, which will work with agencies to examine aspects of their records management practices and identify areas for improvement or where good practices can be shared across government.

The TRO will use a risk-based approach to identifying areas for review, rather than seeking to cover all areas of government. At this stage the TRO does not intend to publish the results of these reviews, but will use them as a mechanism for working collaboratively with agencies.

The Territory Records Office has commenced planning for its 2018‑19 Better Records Advice and Support Service program and expects to complete three targeted engagements each year.

In progress.

Recommendation 18

The Committee recommends that the Land Development Authority and artsACT consult closely with all arts organisations that are moving to the Kingston arts precinct on all aspects of their moves, including obtaining any necessary specialist technical advice in relation to their individual needs to ensure their accommodation is fully fit-for-purpose.

Government Response – Agreed

The ACT Government is continuing to work with the arts organisations proposed to move to Kingston Arts Precinct on the development of the precinct.

The Suburban Land Agency and artsACT continue to liaise with arts organisations regarding the Kingston Arts Precinct. As the project progresses, this will include obtaining all relevant and necessary specialist advice.

In progress.

Recommendation 4

The Committee recommends that in future annual reports Access Canberra separate out statistics on inspections for major events from other proactive inspections.

Government Response – Agreed

The CMTEDD Annual Report 2017‑18 provides for total number of workplace inspections; number of proactive inspections and number of inspections for major events.

Complete.

Recommendation 6

The Committee recommends the Environment Protection Authority review how it presents data on noise complaints and corresponding enforcement actions in its annual report, with a view to more clearly identifying the relevant data sets and the relationship between them.

Government Response – Agreed in principle

From 1 July 2017 Access Canberra formed a new Complaints Management Team to manage the receipt of, and response to, complaints to ensure that complaints are consistently classified. The Complaints Management Team will also present data on all complaints received, including for the Environment and Protection Authority, and processed.

On 1 July 2017, Access Canberra introduced a Complaints Management Team (CMT) and Customer Relationship Management system to deal with all Access Canberra complaints, including those for the Environment Protection Authority (EPA).

The EPA has reported on complaints which have been referred from the CMT for further action during the year. They were reported in a different format in the 2017‑2018 Annual Report.

Complete.

Recommendation 9

The Committee recommends that the Minister for Higher Education, Training and Research update the Legislative Assembly on future funding from the Commonwealth on skills reform.

If the National Partnership on Skills Reform is not renewed, the Committee recommends that the Minister for Higher Education, Training and Research advise the Committee on the ACT’s approach to funding skills reform without assistance from the Commonwealth.

Government Response – Agreed

The Australian Government has committed future funding for the vocational education and training (VET) sector, through the new Skilling Australians Fund and associated National Partnership Agreement announced in the 2017-18 Federal Budget.

The National Partnership for the Skilling Australians Fund is subject to negotiation between the Australian and state and territory governments. The Minister for Higher Education, Training and Research will make a statement to the Assembly at an appropriate time, to provide information about future funding arrangements under the new National Partnership.

The Minister for Higher Education, Training and Research will provide advice to the Committee on the new National Partnership Agreement for the Skilling Australians Fund at an appropriate time, in accordance with intergovernmental processes.

Changes to the National Partnership for the Skilling Australians Fund were announced in the Australian Government 2018‑19 budget. The ACT Government signed up to the new Skilling Australians Fund National Partnership on 7 June 2018. The Minister for Higher Education, Training and Research will provide advice on the new Agreement at an appropriate time.

In progress.

Recommendation 2

The Committee recommends the Minister for Sport and Recreation reports further to the Committee during its 2017-18 annual report hearings on the current and developing status of the Request for Tender process for Boomanulla Oval.

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 called for a detailed business case for how the facility will be used and managed going forward.

The process included the requirement to submit a package of documentation for preliminary review, prior to finalising a full response to the RFT.

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

In March 2017, Winnunga was successful in securing $49,500 of the IAS funding to develop a guiding strategy for Boomanulla Oval.

Winnunga submitted a Strategic Plan as part of its package of preliminary review documents in September 2017.

In light of importance and complexities of this project, government took time to ensure close attention was paid to every possibility that might enable Winnunga’s proposal to work, but in the end, it wasn’t possible.

The Territory formally ended the Tender process in July 2018.

Government is progressing interim restoration works at Boomanulla Oval in consultation with Elected Body and community representatives.

In progress.

Recommendation 8

The Committee recommends that the ACT government progress work on the Shared Services software asset management system as a matter of urgency. The Committee recommends that the ACT government advise the Legislative Assembly of progress on the project by the end of the 2017-18 financial year.

Government Response - Agreed

A Software Asset Management tool has been piloted and collected an initial sample of data. Government-wide deployment is currently being implemented in alignment with existing technical platforms and will provide comprehensive data for analysis by the end of the 2017-2018 financial year.

A vendor was engaged under Smart Modern Strategic Procurement for a Software Asset Management (SAM) system to deploy as a pilot for 6 months to provide capability and reporting across the network. A report and presentation including options has been provided to all Directorate Chief Information Officers (CIOs) for consideration of future service offerings with support provided to investigate ongoing reporting.

In progress.

Recommendation 1

The Committee recommends that the ACT Government ensure that all budget papers are accessible on its website and that any website problems are resolved as quickly as possible.

Government response - Agreed

The Government is committed to providing websites and web-based content that can be accessed by the widest possible audience. ACT Government websites aim to conform to Level A (and in parts, Double A) of the Web Content Accessibility Guidelines Version 2, developed by the World Wide Web Consortium. Similarly, the Government also endeavours to provide documentation in a range of formats (for example HTML, PDF and Microsoft Word) to ensure readers are provided with alternatives to suit their accessibility requirements. The majority of ACT Government website pages also provide details as to how to submit feedback regarding website content, and request documentation in alternative (accessible) formats.

Treasury will continue to review the accessibility of its budget documentation, and will investigate options around document structuring with a view to improving ease of use.

The ACT Government Budget website currently publishes content in HTML, supported by other formats including, Microsoft Word, Adobe Acrobat (PDF) and Microsoft Excel where necessary.

Complete.

Recommendation 2

The Committee recommends that the ACT Government provide future Select Committees on Estimates with an outline of all Output Classes for the coming budget on an in­confidence basis, including any significant changes, amalgamations or divisions and movements of Output Class across portfolios, to facilitate more accurate, speedy drafting and release of the hearing schedule.

Government response - Agreed

Briefing (by way of a list or similar) will be provided in relation to significant changes, as suggested by the Committee.

Details of output class structures will be provided to Select Committees whenever feasible.

In progress.

Recommendation 8

The Committee recommends that the ACT Government respond to the Cool Little Capital Report submitted by Music ACT.

Government response - Agreed

Following the release of the Cool Little Capital Report, the ACT Government conducted a range of consultations on Urban Sounds, events and a City Action Plan which covered many of the issues raised. There is ongoing policy work being undertaken on the range of issues set out in Cool Little Capital.

Whilst a formal response to Cool Little Capital has not been released, in July 2018 the ACT Government announced funding of $108,000 to MusicACT Inc for capacity building programs for the live music sector, which responds to elements of Cool Little Capital.

The ACT Government has also undertaken consultation with the community through the Urban Sounds Discussion Paper. The consultation has now closed and the Government is considering the responses.

Complete.

Recommendation 16

The Committee recommends that the ACT Government adopt meaningful indicators for diversity in the ACT economy.

Government response - Agreed in principle

The ACT Budget refers to a range of metrics for diversity, including service export growth. The Government will consider what other meaningful and timely indicators can be used to describe economic diversity in the Territory.

It should be noted that the proportional share of public and private activity in the economy is not the only meaningful indicator of diversity. The diversity of activity within the public and private sectors also contributes to the Territory’s economic stability and potential for future growth.

The ACT Treasury continues to monitor the diversity of the ACT economy for a range of perspectives.  For example, ACT Treasury continues to exam and report on the growth of increasingly important service exports such as international education, as published on the ACT Treasury website. In addition, changes in the shares of Gross State Product of strongly growing private sector industries such as Professional, Scientific and Technical Services are also monitored and reported on.

The overall shift in the public and private sector shares of economic activity are also analysed.

In progress.

Recommendation 35

The Committee recommends that the ACT Government adhere to the fiscal strategy to return to a headline net operating budget surplus in 2018­19.

Government response - Agreed

The Government remains committed to its fiscal strategy and returning the budget to balance in 2018-19.

In preparing the 2018-19 Budget, the Government will give consideration to the economic environment, decisions made by the Commonwealth.

In preparing the 2018-19 Budget, the Government will give consideration to the economic environment, decisions made by the Commonwealth, and other external factors to ensure that it continues to strengthen the ACT economy and grow good, local jobs in the short term, while investing in the longer-term needs of Canberra.

Achieving a balanced budget position over the medium term is one of the key objectives of the Government’s fiscal strategy, as stated in 2018-19 Budget Paper No. 3, page 45. The Budget is now in balance and is projected to remain in a positive position across the forward estimates.

The June 2018 Interim Headline Net Operating Balance for the General Government Sector (GGS) was a surplus of $86.2 million, which is $54.4 million higher than the estimated outcome surplus of $31.9 million.

The Government continues to introduce sound fiscal strategies to strengthen the ACT economy and grow good, local jobs in the short term, while investing in the longer-term needs of Canberra.

Complete.

Recommendation 36

The Committee recommends that the ACT Government seek to maintain a AAA credit rating while providing for the delivery of long­term infrastructure assets.

Government response - Agreed

The ACT Government will continue to manage the Territory’s finances responsibly, and seek to maintain the highest possible credit rating. It should be noted, however, that under current guidance from Standard & Poor’s, State or Territory Governments in Australia cannot expect to receive a credit rating assessment that exceeds that of the Federal (sovereign) Government. As such, and with a view to the longer term, the Territory’s credit rating is subject to Federal Government fiscal policy, and will be determined, to some extent, by factors that are beyond the Government’s control.

Reflecting the Government’s strong financial management, the ACT has consistently maintained AAA long-term and A-1+ short-term local currency credit ratings – as assessed by Standard & Poor’s, while managing significant fiscal challenges such as the Loose-fill Asbestos Insulation Eradication Scheme and the Commonwealth Government’s heavy funding cuts.

The Government will continue to deliver budgets consistent with a AAA credit rating in the years to come.

In progress.

Recommendation 39

The Committee recommends that the ACT Government consider how to better report the impact of machinery of government (MoG) changes on government expenditure.

Government response - Agreed

The Government will review how to improve reporting of the impact of MoG changes on government expenditure. In the 2017-18 Budget, the Government included specific details on the number of staff transferring between directorates as a result of the MoG changes.

With a view to reflecting a number of significant changes resulting from Administrative Arrangements since the
2016-17 Budget, the Government expanded its reporting of the details presented in the Whole of Government Staffing Appendix for the 2017-18 Budget Paper 3, with a view to providing clarity regarding material staffing movements.

Staffing movements for the 2018-19 Budget, detailed at Appendix M to the 2018-19 Budget Paper 3, largely reflect the outcomes of routine recruitment processes (for example, backfilling of vacant positions), internal restructuring, or the implementation of  2018-19 initiatives. However, the Government has chosen to retain the expanded reporting format consistent with the present, adopted for the 2017-18 Budget Papers in relation to material movements.

Complete.

Recommendation 41

The Committee recommends that the ACT Government publish Work Health and Safety data to give the ACT a comparative ranking by key industries compared to other jurisdictions.

Government response – Agreed

The Government will publish an annual work safety performance report that accords with the national data set for compensation based statistics, which is a nationally agreed reporting standard managed by SafeWork Australia. The annual report will include industry level data for the ACT and links to the corresponding jurisdictional ranking analysis issued by SafeWork Australia.

The Government is publishing a quarterly work safety performance report on an industry basis. It is available on the CMTEDD website.

Complete.

Recommendation 46

The Committee recommends that the ACT Government design and implement a phased program, with clear milestones, to place specialised workplace IT applications on a more stable and secure footing, to ensure: improved security; better ability to maintain the currency of installed software; and greater independence from software vendors.

Government response - Agreed in principle

The Government will undertake a progressive program of related projects that will utilise standardised solutions to ensure the stability, maintainability and ongoing currency of workplace IT applications. The program will incorporate contemporary security management practises that are appropriate to government operations and the specific sensitivities of government information and services. All such investments will be subject to cost-benefit analysis, and future funding decisions will be considered in the usual way in the budget process.

The Windows 10 Standard Operating Environment (SOE) project under the Desktop Modernisation Program (DMP) has included application whitelisting as a deliverable. The whitelisting will cover both the SOE itself, and the list of available software that is to be deployed across government computer assets. The DMP is scheduled to be completed by
30 June 2019.

In progress.

Recommendation 52

The Committee recommends that ACT Government request advice from the Auditor­General on the constitution and functions of internal audit committees for government agencies and associated entities.

Government response - Agreed

The Auditor General’s forward audit program includes the consideration of internal audit committees in 2020-21.

Complete.

Recommendation 156

The Committee recommends that the ACT Government publish data in the relevant directorates’ annual report quantifying the health of all trees, and state of irrigation, in the Arboretum.

Government response - Agreed in principle

Within the Venues Canberra annual report, the section on the National Arboretum Canberra will include data on tree health and irrigation.

The 2017-18 Chief Minister, Treasury and Economic Development Annual Report contains information on tree health statistics and irrigation practices in sections B2 Output 9.5 Venues and B9 Ecologically Sustainable Development.

Complete.

Recommendation 4

The Committee recommends that the ACT Government review the NSW High Growth Jobs, Talented Candidates project for implementation in the ACT.

Recommendation 5

The Committee recommends that the ACT Government consider evaluating the Lead Toolkit from New Zealand for use in a future training program.

Recommendation 6

The Committee recommends that the ACT Government consider what place-based disability employment initiatives can be implemented as part of future disability employment strategies.

Government Response – Agreed

The ACT Government will continue to assess new initiatives, programs and ideas for the employment of people with disability in the ACTPS. The NSW High Growth Jobs, Talented Candidates project and the Lead Toolkit from New Zealand will be assessed.

The ACT Government will continue to liaise and seek input from the ACT community, disability employment experts (including the Australian Network on Disability, Disability Employment Service Providers, APS inclusion employment sources) and from current ACTPS employees.

The ACT Government has entered into an arrangement with the Australian Network on Disability to provide access for all employees to its Manager’s Guide: Disability in the Workplace (2nd Edition).

This guide provides information on the business benefits of employing people with disability, outlines employer responsibilities, provides guidance on communication and etiquette, tips for accessibility, recruiting new team members, workplace health and safety, learning and development and reasonable adjustments. The guide also provides links to additional resources.

Over 250 applications were received for the 2018 Inclusion Vocational Employment Program. The program runs for 12 months and participants are required to complete a formal learning and development program which takes into account the capacity of individuals and the needs of the work area. All participants and placement areas are provided with pastoral care, guidance and support from the Inclusion Employment Team in the Workforce Capability and Governance Division in CMTEDD.

Funding has been allocated in 2019 for the development of career retention and leadership programs for People with Disability. The Lead Toolkit will be assessed in the development of these programs.

In Progress.

Recommendation 7

The Committee recommends that the ACT Government consider establishing a paid internship program to build professional skills, provided there are links to an employment pathway, for people with disability, as part of its continuum of disability employment initiatives.

Government Response – Agreed

The ACT Government has consulted with the Australian Network on Disability and will be placing two interns in the Stepping into Summer 2017-18 Internship Program.

One intern will be placed within the Workforce Capability and Governance Division in CMTEDD and the other intern will be placed in the Office for Disability in CSD. The interns will be placed for a period of 4-8 weeks.

The Whole of Government Inclusion Employment Team will also be actively promoting involvement with the internship program across the ACTPS.

The Workforce Capability and Governance Division in CMTEDD and the Office for Disability in CSD placed two interns in January-February 2018 through the Stepping into Summer  2017-18 Internship Program.

Complete.

Recommendation 9

The Committee recommends that the ACT Government continue successful initiatives at identified entry points, including the graduate and traineeship programs.

Government Response – Agreed

The ACT Government will continue providing identified positions in the ACTPS Graduate Program. The 2018 Graduate Program had 23 people with disability attend its assessment centres in September where appropriate and necessary adjustments are made. Offers are currently being made to a number of inclusion graduates.

Applications for the 2018 Inclusion Vocational Employment Program (previously the Inclusion Traineeship) for people with disability are currently being sought. The program will commence from April 2018.

Twelve graduates with disability commenced the ACTPS Graduate Program in 2018. Fifteen people with disability will attend the assessment centres for the 2019 ACTPS Graduate Program.

Over 250 applications were received for the 2018 Inclusion Vocational Employment Program. Interviews were held in July 2018 and approximately 11 participants are expected to start from the end of August.

Complete.

Recommendation 11

The Committee recommends that the ACT Government review the ACT Government’s social procurement guidelines to better support disability employment outcomes.

Government Response – Agreed

Goods and Services Procurement is the business area within ACT Government which administers the Territory’s social procurement policy and associated guideline. As part of Goods and Services Procurement’s Annual Report reporting requirements, the Social Procurement Policy is reviewed annually.

In addition to this annual review, a detailed review will be undertaken by the end of the 2017-18 financial year to identify improvements which could be made to the guidelines and associated material to deliver practical, tangible strategies to better support disability employment outcomes.

As a result of the government’s prioritisation of procurement policies currently under review, a detailed review of the social procurement policy did not eventuate in the end of the
2017-18 financial year. However, other policies under review have elements that contribute to supporting disability outcomes.

The Secure Local Jobs Code, currently under development, is considering a requirement for tenderers to describe their entities strategies and processes to support persons with disability and address any existing barriers to employment or career development.

The tenderer’s response then forms part of the assessment criteria. The final form of the Code, once determined, will frame further social policy review.

In progress.

Recommendation 20

The Committee recommends that the ACT Government implement the Doing it Differently recommendation of co-designing a developmental performance review system to support public servants with a disability.

Government Response – Agreed

The ACTPS approach to performance management and development, as set out in the ACTPS Performance Framework Policy Statement and Guidance Statement, is intended to improve the workplace experience of all employees as well as improve the performance and outcomes delivered across the Service.

The ACTPS Performance Framework is currently being refreshed. Consultation on proposed changes will be undertaken with the Australian Network on Disability and the ACTPS Inclusion Practitioner’s Network to ensure that public servants with disability are supported.

The review of the ACTPS Performance Framework is being considered as part of the broader workforce transformation priorities. Consultation of proposed changes with the Australian Network on Disability and the ACTPS Inclusion Practitioner’s Network is planned as part of the review process which is estimated to commence in the second half of 2018.

In progress.

Recommendation 22

The Committee recommends that the ACT Government adopt an anonymous reporting process for people employed in the ACT Public Service that is reported on annually in the State of the Service Report. The Survey should use terminology consistent with the definition of disability.

Recommendation 23

The Committee recommends that the ACT Government consider the Washington Group questions to inform future data collection processes.

Government Response – Agreed

ACTPS employees are able to anonymously update their diversity status on HR21. This data is reported on in the annual State of the Service Report. Regular email campaigns are undertaken to encourage employees to update their diversity status.

In October 2017 the ACTPS, in conjunction with the Australian Network on Disability, conducted a short and completely anonymous staff survey to hear directly from staff, including those living with and without disability, to learn where the ACTPS could make improvements to better meet everyone’s needs. Consideration will be given to the Washington Group questions for future surveys. The Washington Group short set questions focus on whether people have difficulty performing basic universal activities (walking, seeing, hearing, cognition, self-case and communication) and were originally designed for use with the general population. The extended question set considers the following functional domains:

• vision;
• hearing;
• mobility;
• cognition;
• affect (anxiety and depression);
• pain;
• fatigue;
• communication; and
• upper body functioning.

The next ACTPS all staff survey will be held in late 2019. The Australian Network on Disability will be consulted in relation to the use of the Washington Group questions.

In progress.

The Select Committee on an Independent Integrity Commission final report includes 79 recommendations covering jurisdictional matters, relationships with other integrity stakeholders, the power to hold public hearings, accountability and independence, staffing and resourcing requirements, application of other legislation and other matters.

Government Response

The ACT Government is committed to establishing an Independent Integrity Commission which is broadly structured on those operating in similarly sized jurisdictions. The Select Committee report and recommendations will inform the establishment of a Commission.

The ACT Government’s response can be accessed at www.cmtedd.act.gov.au.

Work progressed on draft legislation in anticipation of an Exposure Bill being referred to the Legislative Assembly Select Committee in July 2018.

A motion to establish the new Select Committee on an Independent Integrity Commission was tabled by the Government on 6 June 2018.

In the 2018-19 Budget, the Government committed funding in the order of $8.4m over four years towards the establishment of the Integrity Commission.

The Government will present a Bill in November 2018 for the Assembly to debate.

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.

The Debt Management Working Group (DMWG) was established in 2017 to undertake a phased Pilot program with a number of directorates. The aim of the DMWG was to consider a centralised end-to-end debt management model within Shared Services in order to achieve a more efficient and integrated arrangement for managing external debt.

The closure report from the DMWG is currently in the process of being finalised for submission to the Strategic Board.

CMTEDD is now in the process of developing high level guidance on the general principles of debt management incorporating the framework outcomes of the DMWG Pilot.

The application of the policy to specific debt by entities once it is issued, will need to be considered on a case by case basis taking into account factors including legislative requirements, social sensitivities, technical capabilities and costs etc.

In progress.

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.

The Accounts Payable Invoice Automation Solution (APIAS) which processes accounts payable invoices through a workflow process was fully implemented across all directorates in September 2017.

The APIAS software solution also provides for an electronic workflow solution that may be leveraged for an implementation of a suitable EMS solution. A statement of requirements document providing the specifications of the Territory is now 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.

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 2018-19 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 in alignment with the new system. 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 WoG 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. Such information includes the requirements for the cardholders on how to acquit expenditure to ensure that there is adequate documentation. General information on the acquittal process is emailed to all credit card holders on a monthly basis. Shared Services also reviews all monthly credit card acquittals to ensure compliance with the GST legislation.

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.

A Regulatory Strategy, a Program of Activities, several Standard Operating Procedures and a File Completeness Checklist were developed, agreed to and implemented by September 2017.

The Program of Activities and Operating Procedures outline the asbestos safety responsibilities when a demolition notification is received in relation to a loose-fill asbestos property. This includes: four mandatory inspection visits and appropriate record keeping.

A review of all the case management system action logs and electronic documentation has been audited internally to ensure records are maintained against each property. This review was completed in June 2018.

Complete.

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.

a) 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.

b) 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.
• training provided on exercising discretionary powers introduced.

c) Consistent review with all information/decisions/justification being documented:

• All documents will reflect the overarching Compliance Framework.
• The purpose behind each inspection will be documented.
• Where no changes are made, this will also be documented with some form of justification.

Monitoring responsibilities will be conducted by the Manager.

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:

• internal performance measures that allow WorkSafe ACT to review individual and team performance in relation to program   goals and targets; and
• 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.

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

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

Team meeting provide the forum for discussing improvements to safety standards across sites. These improvements are formally recorded as actions in the case management system or documented in the document management system.

Complete.

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 ACTPSValues, 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.

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.

a) 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 WPVfile.

• 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.

b) Quality assurance ensured through:

• A review mechanism focussed on qualitative   (content of WPVs) and quantitative (number of visits) measures.
• Manager to review a proportion of WPVs.
• 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.

c) 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.

d)

• 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.

e) 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.

Complete.

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.

a) The new regulatory documents have been drafted with the assistance of subject matter experts and in light of the Compliance Framework.

b) Procedures:

• Address the different regulatory responses to similar issues.
• Outline how non-compliance is addressed and recorded. Inspectors to consult with a   Manager prior to issuing notices. Management must respond to instances where   a notice has been issued – or at least record that they were consulted.
• Training completed by Legal on aspects and implications of issuing notices.

c) 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.

Complete.

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 established to draft procedures based on existing Access Canberra arrangements and to include management of notifiable incidents. A working group has been working on a gap analysis of the governance. Guidance, education and awareness on notifiable incidents is now in place for both public sector and private sector reporting. Further work is continuing on the appropriate response, management and timeliness in relation to Notifiable Incidents.

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:

• requirements for an investigation plan to be developed and approved for all major investigations {including terms of reference covering aim, scope and approach);
• guidance on performance reviews relating to the conduct of investigations; and
• 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.

A draft investigation plan template has been developed. There is a separate template for complex investigations and simple investigations.

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.

Annexure to the procedures being drafted providing additional probity advice when WorkSafe ACT is required to conduct an investigation of itself as a PCBU.

Complete.

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.

ACT Property Group has met with Elections ACT providing guidance and support in identifying the new office requirements and a suitable location in preparation for the 2020 election.

In progress.

Recommendation 1

The Chief Minister, Treasury and Economic Development Directorate should update the Performance and Accountability Framework in a timely manner (around eighteen months). At a minimum this should include:

1. identifying and documenting the replacement for the Canberra Plan and removing references to the Canberra Plan;
2. reflecting amendments to the Financial Management Act 1996 in relation to Section 30E, regarding timeframes for Ministerial half-yearly reports and Financial Management (Statement of Performance Scrutiny) Guidelines;
3. linking the Guide to the Performance Management Framework (2012), Strengthening Performance and Accountability: A Framework for the ACT Government (2011) and Organisational Performance   Measurement and Reporting Guide (2013) on the Chief Minister, Treasury and Economic Development Directorate webpages and making the relationship between the documents explicit;

reviewing and consolidating guidance documents to remove duplication and inconsistencies (Guide to the Performance Management Framework (2012), Strengthening Performance and Accountability: A Framework for the ACT Government (2011) and Organisational Performance Measurement and Reporting Guide (2013);

The Government will review existing guidance documents relating to government strategic priorities and performance indicators, with updated material to be released by the end of the 2018 calendar year.

In progress.

Recommendation 2

Strategic indicators should be improved by:

1. the Territory Banking Account, Chief Minister, Treasury and Economic Development Directorate, Community Services Directorate, Environment, Planning and Sustainable Development Directorate, Health Directorate, Housing ACT, Justice and Community Safety Directorate, Lifetime Care and Support, Superannuation Provision Account, ACT Gambling and Racing Commission and Canberra Institute of Technology removing or amending strategic indicators so they fully meet the criterion of Representative. Territory entities whose strategic indicators cannot meet the strategic criterion of Representative because they relate to whole of government functions should explain how indicators support achievement of   Government priorities through commentary;
2. the Chief Minister, Treasury and Economic Development Directorate, Housing ACT, Transport Canberra and City Services and the Environment, Planning and Sustainable Development Directorate amending strategic indicators so they meet the Clarity criterion;
3. the Environment, Planning and Sustainable Development Directorate, Cultural Facilities Corporation, Territory Banking Account, Chief Minister, Treasury and Economic Development Directorate, Transport Canberra and City Services, ACT Gambling and Racing Commission and ACT Legal Aid Commission amending   strategic indicators so they meet the Quantifiable criterion. Territory entities whose strategic indicators cannot meet the strategic criterion of Quantifiable through supporting quantitative data should use qualitative data that can be assessed and is explained through commentary; and
4. the Chief Minister, Treasury and Economic Development Directorate developing   strategic indicators for all of its strategic objectives to meet the criteria   of Representative, Responsive, Quantifiable, Clarity and Comparable.

Government response – Agreed in Principle

Existing indicators will be reviewed in line with updated guidance material once it has been released. Amended indicators will be phased in from the 2019-20 Budget.

Existing indicators will be reviewed in line with updated guidance material once it has been released. Amended indicators will be phased in from the 2019-20 Budget.

Pending.

Recommendation 3

Accountability indicators should be improved by:

1. the Chief Minister, Treasury and Economic Development Directorate, Justice and Community Safety Directorate, Superannuation Provision Account, Transport Canberra and City Services, ACT Building and Construction Industry Training Fund Authority and the Public Trustee and Guardian amending accountability indicators so they fully meet the criterion of Representative;
2. the ACT Local Hospital Network, Chief Minister, Treasury and Economic Development Directorate, Community Services Directorate, Education Directorate, Environment, Planning and Sustainable Development Directorate, Health Directorate, Transport Canberra and City Services, Compulsory Third Party Insurance, Gambling and Racing Commission, ACT Insurance Authority and the Public Trustee and Guardian amending accountability indicators so they meet the criterion of Clarity; and
3. ACTION, Chief Minister, Treasury and Economic Development Directorate, Justice and Community Safety Directorate, ACT Building and Construction Industry Training Fund Authority, ACT Insurance Authority, Public Cemeteries and the Public Trustee and Guardian considering the extent to which accountability   indicators meet the criterion of External Focus and amending indicators to meet the criterion as necessary.

Government response – Agreed in Principle

Existing indicators will be reviewed in line with updated guidance material once it has been released. Amended indicators will be phased in from the 2019-20 Budget.

Existing indicators will be reviewed in line with updated guidance material once it has been released. Amended indicators will be phased in from the 2019-20 Budget.

Pending.

Recommendation 4

All Territory entities should document their procedure for the review, selection and approval of strategic and accountability indicators (the Transport Canberra and City Services Directorate and ACTION documented procedures could be used as a guide). The procedures should include:

• specifying a time (e.g. three years or when circumstances change) for reviewing and assessing all accountability indicators against performance indicators used by government agencies for similar services in other jurisdictions; and
• engaging with other Territory entities to identify better practices used in the Territory.

Government response – Agreed

The updated guidance material will include a requirement that entities document their procedures for the review, selection and approval of relevant indicators.

Entities will be required to specify a timeframe for the review and assessment of indicators, and appropriate procedures for engagement with other entities on identification of better practices.

The updated guidance material will include a requirement that entities document their procedures for the review, selection and approval of relevant indicators.

Entities will be required to specify a timeframe for the review and assessment of indicators, and appropriate procedures for engagement with other entities on identification of better practices.

In progress.

Recommendation 5

When Recommendation 1 a) to e) are complete, all Territory Entities should use the revised criteria as the basis for assessing the suitability of their Strategic and Accountability indicators.

Government response – Agreed

The updated guidance material will provide clear direction for entities in reviewing, selecting and approving relevant indicators. Entities will be required to make full use of the assessment criteria defined within the updated guidance material.

The updated guidance material will provide clear direction for entities in reviewing, selecting and approving relevant indicators. Entities will be required to make full use of the assessment criteria defined within the updated guidance material.

Pending.

Recommendation 1

Vendor Support for Operating Systems

The Chief Minister, Treasury and Economic Development Directorate, Community Services Directorate, Environment, Planning and Sustainable Development Directorate, Health Directorate, and Transport Canberra and City Services Directorate should develop and implement plans for their operating systems to be supported. If vendor support cannot be obtained, a risk analysis should be performed and measures implemented to minimise the risk of security and performance problems.

Government response – Agreed

Of the 34 servers and/or business systems identified, 20 have already been moved to supported server arrangements, and 14 are in the process of moving. The ACT Government will ensure that, as recommended, the remaining business systems have plans in place to move them to supported servers, have arrangements in place for their decommissioning, or if vendor support cannot be obtained, a risk analysis performed to minimise the risk of security and performance problems.

Shared Services has a program to progressively decommission the use of unsupported operating systems on servers, subject to managing the business impacts.

Shared Services has identified that all servers on the ACT Government network either use supported operating systems or have an ICT Security approved vulnerability mitigation solution in place. Shared Services undertook a program to deploy Trend Deep Security agent to all servers with unsupported operating systems in mid-2016 to protect the servers against any threats. This software Trend Deep Security places a virtual ‘bubble’ around a vulnerable system, protecting it from attack until such time as the server can be decommissioned.

The software is a rolling deployment, addressing identified vulnerable systems. This treatment commenced in late 2016 and is an ongoing process.

Complete.

Recommendation 8

Whitelisting of applications

The Chief Minister, Treasury and Economic Development Directorate (Shared Services) should develop and implement an application whitelisting strategy for server or desktop computer systems operating on the ACT Government network.

Government response – Agreed

Application Whitelisting will be implemented as part of the deployment of the Windows 10 Standard Operating Environment (SOE) under the Desktop Modernisation Program (DMP). To minimise the implementation cost and impact of whitelisting this will be aligned with the roll out of the new SOE and occur between Jan 2018 and June 2019.

The Windows 10 Standard Operating Environment (SOE) project under the Desktop Modernisation Program (DMP) has included application whitelisting as a deliverable. The whitelisting will cover both the SOE itself, and the list of available software that is to be deployed across government computer assets. The DMP is scheduled to be completed by 30 June 2019.

In progress.

Recommendation 1

artsACT should lead the development of an ACT Public Art Strategic Plan that covers all ACT Government public art. The plan should incorporate: a desired management model; mechanisms for the involved agencies to work cooperatively; and awareness raising of the contribution of ACT public art to the public realm. If the Australian Government and private sector entities who manage public art in the ACT agree, this plan should be jointly developed.

Government response – Agreed

artsACT will lead the development of an ACT Public Art Strategic Plan to build on the strength of the existing public art, guide future direction and capitalise on opportunities for enhancing the ACT public art collection. artsACT will endeavour to engage with the Australian Government and private sector entities that manage public art in the ACT in the development of the strategic plan.

Desktop research on best practice strategic planning for public art was completed in May 2018 as part of an internship project. Preliminary consultation was completed across the ACT Government and with Canberra-based artwork curators and practitioners as part of this investigation.

Project planning for the development of an ACT Public Art Strategic Plan will continue in 2018.

In progress.

Recommendation 2

artsACT should improve its operational activities by:

1. developing and implementing an overarching risk management plan
2. developing and reporting against a specific public art related performance indicator/measure
3. updating the Public Art Database so that information is available for all ACT Government public artworks. The cooperation and support of the Australian   Government and private sector entities to list their works on this database   should be explored
4. reviewing and updating the ACT Government Public Art Guidelines (2015), in consultation with stakeholders, providing further guidance on:
   1. different commissioning models that may be used
   2. acceptance and management of public art loans
   3. cultural and local Indigenous community protocols in procuring and   decommissioning artwork
5. examining ways to protect public art from deliberate defacing by members of the public
6. considering the implementation of legal sanctions for damage (accidental or deliberate) to public art
7. working with other government agencies, in particular the Transport Canberra and City Services Directorate, to identify strategies to protect   public artworks from damage by ACT Government contractors and businesses, engaged by this Directorate, operating across the ACT
8. establishing a comprehensive record of maintenance documentation for all public artwork; and
9. developing a Maintenance and Repairs Plan.

Government response – Agreed

artsACT will include these elements in future operational plans.

Preliminary risk management planning towards developing and implementing an overarching risk management plan has been completed in association with ACT Health.

artsACT continues to work with TCCS to identify strategies for protecting public artworks from damage by contractors and other. Preliminary action has included TCCS informing the landscape and construction industry of requirements to protect public artworks at a meeting between TCCS and industry representatives on 14 November 2017.

Work on a Maintenance and Repair Plan for public art managed by artsACT is underway. This report includes a comprehensive record of maintenance documentation for all public artworks. A draft Plan is due end of September 2018.

In progress.

Recommendation 4

artsACT and Cultural Facilities Corporation should monitor their asset listings so that they are up-to-date and aligned with the ACT Insurance Authority asset register and the Public Art Database.

Government response – Agreed

artsACT and CFC will continue to liaise with the ACT Insurance Authority (ACTIA) to ensure ACTIA’s asset register accurately reflects artsACT’s and CFC’s public art holdings. artsACT and CFC will ensure that any future acquisitions of public artworks are notified to ACTIA to ensure ongoing consistency between the asset registers of ACTIA and the agencies.

This inconsistency in the recording of public art assets has been rectified. Agencies will continue to monitor asset listings to ensure alignment.

Complete.

Recommendation 5

artsACT and the Transport Canberra and City Services Directorate should develop and implement public art asset acceptance protocols.

Government response – Agreed

Asset acceptance protocols for public art will be developed by artsACT and TCCS. Measures to improve the asset acceptance process for public art and to optimise input from artsACT as the future asset owners will include:

• updating the draft Municipal Infrastructure Design to clarify management   responsibility for public art;
• updating the Design Acceptance Documents (Ref 06 Design Document) to   include public artworks; and
• preparing and promoting an Advisory Note on updates to the asset acceptance protocols for developers/industry on the revised Municipal Infrastructure Design Standards.

Changes to the draft Municipal Infrastructure Design Standards relevant to Public Art and the Design Acceptance Documents are underway.

Work has commenced on an Advisory Note to asset acceptance protocols for developers/industry on the revised Municipal Infrastructure Design Standards.

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 now known as Infrastructure Finance and Capital Works (IFCW) is continuing with the implementation of a Project Management and Reporting System (PMARS). The technical solution was delivered by the supplier, Open Windows Software in June 2018. User Acceptance and Testing has been finalised and the system is now ready for implementation. Training will commence with project delivery officers in IFCW and Capital Works of the Transport Canberra and City Services Directorate (TCCS). The implementation of Phase 1 of PMARS, for the three Directorates identified in the Government response, will be complete by December 2018.

The decision to roll out to the remaining directorates is dependent on a review of Phase 1, the identification of resourcing and a decision to proceed.

All Capital Works projects are expected to eventually be managed and reported through PMARS. In addition to its management and reporting functionality, PMARS 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. While TendersACT will remain the Territory’s procurement system, PMARS will enhance monitoring and reporting of procurement activities through integration with TendersACT and its ability to publish awarded contracts to the Contracts Register. PMARS will also manage prequalification and capital works procurement panels.

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.

Work is underway to determine the full extent of implications of the Trans‑Pacific Partnership Free Trade Agreement across the operations of the ACT’s procurement processes. As these details become clearer, decisions on any enhanced role for the Government Procurement Board will be considered as part of the appropriate response.

In progress.