Department of Justice and Regulation

Department of Justice and Regulation

Corporate Plan 2016–2

1.Message from the Secretary

2.Introduction

Vision

Purpose

Our ministers

About the department

3.How our systems align to the Victorian Government Performance Management Framework

4.Whole of Victorian Government priorities

5.Criminal justice

Ensuring community safety through policing, law enforcement and prevention activities

Effective management of prisoners and offenders and provision of opportunities for rehabilitation and reparation

A fair and accessible Victorian justice system that supports a just society based on the rule of law

6.Civil justice

A just and supportive society with increased confidence and equality in the Victorian community

7.Emergency management

Reduce the impact of, and consequences from, natural disasters and other emergencies on people, infrastructure, the economy and the environment

8.Regulation

A fair marketplace for Victorian consumers and businesses with responsible and sustainable liquor, gambling and racing sectors

Consumer affairs

Liquor and gaming regulation

Racing regulation

Assurance

9.Corporate strategies

The Department of Justice and Regulation acknowledges the Traditional Owners of the land of Victoria and pays respect to their Elders, both past and present.

Throughout this document the term ‘Koori’ is used to refer to both Aboriginal and Torres Strait Islander peoples. Use of the terms ‘Aboriginal’ and ‘Indigenous’ are retained in the names of some programs, title and initiatives, and, unless noted otherwise, are inclusive of both Aboriginal and Torres Strait Islander peoples.

Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.

Available online only, in pdf or accessible formats.

November 2016

ISBN 978-1-925549-13-3 (PDF/online)

This report is protected by copyright. Apart from any use permitted under the Copyright Act 1968, and those explicitly granted below, all other rights are reserved.

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1.Message from the Secretary

The Department of Justice and Regulation (the department) Corporate Plan 2016–2020 (the plan) sets out what the department will deliver over the next four years including its core services, its support for whole of Victorian Government priorities and the department’s strategic priorities.

The department’s extensive service delivery responsibilities include providing services to approximately 33,000 clients per month at 27 Justice Service Centres throughout the State. Services include: Community Correctional Services; Consumer Affairs Victoria; Dispute Settlement Centre of Victoria; Regional Aboriginal Justice Advisory Committees; Registry of Births, Deaths and Marriages; Sheriff’s Operations and Victims Support Services.

The plan sets out the role the department will play in supporting key whole of Victorian Government initiatives including:

implementation of the recommendations of the Royal Commission into Family Violence in relation to victims and offenders
continued efforts to close the gap in Aboriginal over-representation in the criminal justice system through implementation of the Phases 3 and 4 of the Aboriginal Justice Agreement (AJA)
development of an outcomes framework that will provide direction on priorities across divisions and portfolios and build evidence on what works

implementation of the National Disability Insurance Scheme along with other state and territory government departments and the Commonwealth.

It also sets out the strategic priorities the department will deliver during 2016–20, including to:

Criminal justice

deliver crime prevention programs to build community engagement and capability and that address the underlying cause of crime
support smarter and more responsive policing including in relation to public order and counter-terrorism
manage the expansion of Community Correctional Services (CCS) to respond to the growth in the number of offenders and the increasingly complex nature of this cohort
strengthen the management of serious sex offenders

establish Fines Victoria, a new administrative body, and a single point of contact for the public to pay or deal with their unpaid fines.

Civil justice

implement those recommendations from the Access to Justice Review supported by the Victorian Government
strengthen human rights culture by implementing the Government’s response to the Review of the Charter of Human Rights and Responsibilities 2006

improve the protection of individual rights, including the reform of statutory provisions that discriminate against lesbian, gay, bisexual, trans and gender diverse, and intersex (LGBTI) Victorians.

Emergency management

coordinate implementation of the state-wide strategic priorities and actions as outlined in the Victorian Emergency Management Strategic Action Plan (SAP) 2015–18
build emergency management capability and capacity through recruitment, training and equipment

implement reforms from inquiries and reviews such as the Fire Services Review, the Hazelwood Coal Mine Fire Inquiry, the inquiry into Victoria’s Marine Rescue Services and Fiskville Inquiry.

Regulation

establish Domestic Building Dispute Resolution Victoria to improve consumer protection in domestic building services
improve the residential tenancy framework by better defining the laws to help tenants assert their rights, and improving the pathways available to tenants and landlords to resolve issues
review the gaming machine post-2022 regulatory framework
award a new public lottery licence to commence in 2018

ensure racing industry integrity and governance arrangements are appropriate.

The department will also strengthen workforce and succession planning to build our capability to ensure it can deliver on these strategic priorities and meet the accountabilities of the Victorian public sector.

I look forward to working with the department’s dedicated employees on the successful delivery of this program.

Greg Wilson
Secretary

2.Introduction

Vision

A safe, just, innovative and thriving Victoria, where the rule of law is upheld and rights and responsibilities are respected.

Purpose

The department leads the delivery of justice services in Victoria by providing policy, services and organisational management.

The department has productive partnerships with more than 60 statutory entities and enjoys the support of more than 100,000 volunteers.

Our extensive service delivery responsibilities range from managing the State’s prison system to providing consumer protection and enforcing court warrants. We also manage the development of a range of laws, develop and implement policy and regulation in areas across the portfolio (such as in consumer protection, gaming, racing and emergency management) and ensure that all elements of the justice system are working efficiently and effectively.

Our ministers

The Hon Martin Pakula MP
Attorney-General Minister for Racing

The Hon Marlene Kairouz MP
Minister for Consumer Affairs, Gaming and Liquor Regulation

The Hon James Merlino MP
Minister for Emergency Services

The Hon Lisa Neville MP
Minister for Police

The Hon Gayle Tierney MP
Minister for Corrections

Mr Ben Carroll MP
Parliamentary Secretary

About the department

The department comprises the following functions:

Criminal justice comprises criminal law policy and legislation, policing, legal aid, infringements, corrections and services to victims of crime.
Civil justice comprises civil law policy and legislation (including that relating to courts and tribunals and regulation of the legal profession), alternative dispute resolution, identity management through the Registry of Births, Deaths and Marriages and other rights-based services delivered by government and agencies.
Emergency management comprises prevention, mitigation, preparedness for response to and recovery from public safety emergencies, whether as a result of natural or man-made events or disasters.

Regulation comprises the regulation of liquor, gaming and racing and consumer protection and supports responsible gambling, racing industry integrity and the responsible service of alcohol. The regulation system also includes assurance functions provided by the Inspector-General for Emergency Management and the Office of Correctional Services Review.

3.How our systems align to the Victorian Government Performance Management Framework

Criminal justice system

Objective / Objective indicators / Output groups / Outputs
Ensuring community safety through policing, law enforcement and prevention activities /

Community safety during the day and at night
Crime statistics
Road fatalities and injuries

Policing and Crime Prevention

Policing Services and Crime Prevention

Effective management of prisoners and offenders and provision of opportunities for rehabilitation and reparation /

Escapes from corrective facilities
Percentage of Community Correction Orders completed
Rate of prisoner return to prison within two years
Rate of offender return to corrective services within two years

Enforcing and Managing Correctional Orders

Prisoner Supervision and Support
Community Based Offender Supervision

A fair and accessible Victorian justice system that supports a just society based on the rule of law /

Prosecutions completed and returning guilty outcomes (percentage of total case finalisations)
Legal advice and assistance provided
Infringement notices processed
Clinical forensic medical services provided
Number of Sentencing Advisory Council publications
Services provided to victims of crime against the person
Working with Children Checks processed (negative notices issued within three days of receiving decision)

Criminal Justice Services

Public Prosecutions and Legal Assistance
Infringements and Warrants
Criminal Law Support and Reform
Victims and Community Support Services

Civil justice system

Objective / Objective indicators / Output group / Outputs
A just and supportive society with increased confidence and equality in the Victorian community /

Complaint files received and handled by the Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
People assisted through Public Advocate advice and education activities
Births, deaths and marriages registration transaction accuracy rate
Dispute resolution services provided by the Dispute Settlement Centre of Victoria (DSCV)

Civil Justice Services

Protection of Personal Identity and Individual / Community Rights
Dispute Resolution and Civil Justice Support Services

Emergency management system

Objective / Objective indicators / Output group / Output
Reduce the impact of, and consequences from, natural disasters and other emergencies on people, infrastructure, the economy and environment /

Property loss from structure fire (current year dollars
per person)
Rate of deaths from emergency events (per million people)

Emergency Management

Emergency Management Capability

Regulation system

Objective / Objective indicators / Output group / Outputs
A fair market place for Victorian consumers and businesses with responsible and sustainable liquor, gambling and racing sectors /

Percentage of licenced venues with a rating that is greater than three stars
Responsive Gamblers Help services
Wagering turnover on Victorian racing as a proportion of the national market
Increased access by consumers, tenants and businesses to digital information

Industry Regulation
and Support

Regulation of the Victorian Consumer Marketplace
Gambling, Liquor and Racing

4.Whole of Victorian Government priorities

Over the next four years, the department will support the following state-wide priorities.

Implementing the recommendations of the Royal Commission into Family Violence in relation to victims of family violence and offenders

The Victorian Government has identified family violence as the number one law and order issue facing the community.

The Royal Commission into Family Violence released its report to the Victorian Government on 29 March 2016, making 227 recommendations to prevent and respond to family violence.

Recommendations relating to the justice system fall broadly into the following areas
of reform:

amending legislation and investigating further law reform to strengthen the system
making courts safer and less traumatic for victims
improving access to legal services
shifting the burden of managing risk away from the victim and onto the system by making it easier to share information and take action
strengthening perpetrator accountability with greater judicial oversight and more active policing
developing services that are accessible to victims across the justice system including LGBTI Victorians and those from Culturally and Linguistically Diverse (CALD) backgrounds. This is in addition to individuals who face barriers to help, including older people and those with disabilities
a new ten-year Indigenous Family Violence Plan
family violence training for all key workforces including the judiciary and court staff
addressing all forms of family violence, including economic abuse by limiting financial hardship on victims of family violence in relation to traffic infringements, residential tenancy or consumer credit contracts
developing restorative justice options for victims of family violence that are victim driven and have robust safeguards

ensuring family violence is a priority across government—strengthening governance arrangements, funding arrangements and coordinating actions across the family violence system.

The department’s contribution to the whole of Victorian Government response

The department and justice entities will lead the implementation of over 100 recommendations and contribute to the whole-of-government work program being led by the Department of Premier and Cabinet (DPC). Where it is not leading implementation, the department will work in partnership with other departments or agencies including Victoria Police, Court Services Victoria (CSV) and the Department of Health and Human Services (DHHS). Timelines for implementation range from within twelve months to more than five years.

Other justice-related recommendations

The 2016–17 State Budget included a $571.9 million family violence package. Funding for justice related initiatives from the Budget includes:

$4.60 million in legal assistance to continue and expand specialist family violence services at community legal centres and Victoria Legal Aid
$4.00 million funding to begin delivering Family Violence Royal Commission recommendations on court reform and to develop innovative justice approaches
$3.64 million over two years for sexual assault counselling for women in the Dame Phyllis Frost Centre and Tarrengower Prison as well as a therapeutic family violence recovery program
$2.69 million for Aboriginal conflict resolution workers who are able to provide dispute resolution/ mediation services, information and training to be employed in high need locations
$1.75 million for financial counselling programs
$1.55 million for three Koori women’s diversion programs at Odyssey House and two place-based intensive case management programs in Mildura and Morwell

$0.33 million for specialist family violence responses for CALD victims and perpetrators in the corrections system.

A priority will be delivering the range of legislative reforms across the justice portfolio recommended by the Royal Commission. Recommendations impact a number of Acts including but not limited to the following.

Crimes Act 1958

Children, Youth and Families Act 2005

Criminal Procedure Act 2009

Family Violence Protection Act 2008

Infringements Act 2006

Liquor Control Reform Act 1998

Magistrates’ Court Act 1989

Residential Tenancies Act 1997

Road Safety Act 1986

Continue efforts to close the gap in Aboriginal over-representation in the criminal justice system through implementation of phases 3 and 4 of the Aboriginal Justice Agreement (AJA)

The Victorian Government has committed to working with the Victorian Aboriginal community to progress self-determination. As part of this commitment, the government has agreed to enter a treaty process with Aboriginal Victorians. The policy of self-determination has significant implications for justice policy and services over the next four years and has the potential to contribute to reducing the over-representation of Aboriginal people in the criminal justice system. The government is committed to closing the gap in justice outcomes between Aboriginal and non-Aboriginal Victorians through implementation of the AJA in partnership with the Koori community.

The AJA, now in its third phase, seeks to:

address conflict, violence and victimisation
support crime prevention and diversion
reduce reoffending and recidivism

establish a place-based approach that strengthens community justice responses at the local level and recognises Koori cultural strength as the foundation for all its activities.

The department recognises that any successful strategy must be based on a strong partnership with the Koori community, in addition to a proactive, integrated approach across the social services portfolios, including employment, education and training, health, child protection, family support and prevention of family violence.

Over the next four years, in line with the government’s commitment to self-determination, the department, through the partnership mechanisms of the Aboriginal Justice Forum and the network of Regional Aboriginal Justice Advisory Committees and Local Aboriginal Justice Action Committees will:

continue to implement AJA 3
evaluate AJA 3
develop and implement AJA 4
manage the Frontline Youth Initiatives Program and Community Initiatives Program

continue pilots for the three Koori Women’s Diversion programs (as funded in the State Budget for 2016–17 and 2017–18).

The department will also contribute to Taskforce 1000, a joint inquiry by the Commission for Children and Young People and DHHS, seeking to improve outcomes for Aboriginal children living in out of home care. The department will address issues where there is crossover between intergenerational disadvantage and the justice system as well as working with the regions.

Advance reconciliation through continued negotiation of native title claims to achieve settlements with traditional owners

The Victorian Government seeks to settle native title claims out-of-court using the Traditional Owner Settlement Act 2010 (Vic) (the Act).Agreements under this Act recognise the identity and rights of Aboriginal traditional owner groups and their traditional and cultural association to particular regions of Victoria. The agreements provide funding, land and a range of measures to strengthen economic, social and cultural outcomes.