Appendices including disclosure index

Appendix 1: Budget portfolio outcomes

The budget portfolio outcomes provide comparisons between the actual financial information of all general government sector entities in the Department of Premier and Cabinet’s (DPC’s) portfolio and the forecast financial information published in the 2020/21 Budget Paper No. 5: Statement of Finances (BP5).

The budget portfolio outcomes comprise the comprehensive operating statement, balance sheet, cash flow statement, statement of changes in equity and the administered items statement.

The budget portfolio outcomes have been prepared on a consolidated basis and include all general government sector entities in the portfolio. Consistent with the budget papers, financial transactions and balances are classified into either ‘controlled’ or ‘administered’.

The budget portfolio outcomes that follow are not subject to audit by the Victorian Auditor-General’s Office.

They are not prepared on the same basis as DPC’s financial statements because they include the consolidated financial information of the following entities:

• Labour Hire Authority
• Portable Long Service Authority
• Victorian Electoral Commission
• Victorian Public Sector Commission
• Cenitex.(1)

Note:

(1) Cenitex transferred into DPC from the Department of Treasury and Finance on 1 August 2020.

Comprehensive operating statement for the year ended 30 June 2021

Summary:

The comprehensive result for the DPC portfolio is a surplus of $0.3 million, which is consistent with the budgeted break-even position.

Notes:

The following notes provide an explanation of the major variances between the 2020–21 comprehensive result compared with the budgeted comprehensive result.

(1) Lower output appropriations mainly relate to the machinery of government changes (MoG) where the Fairer Victoria group (equality, multicultural affairs, prevention of family violence, veterans, women’s policy, and youth portfolios) transferred to the Department of Families, Fairness and Housing (DFFH).

(2) Higher sales of goods and services is due to Cenitex’s services revenue. A budget update was made after the original budget publication to reflect this increase.

(3) The increase in grant revenue mainly relates to additional funding for Cenitex and other trust revenues.

(4) Employee benefits increase mainly relates to Cenitex staff. A subsequent budget update was made to reflect this change.

(5) The decrease in grant expense is due to the transfer of the Fairer Victoria group to DFFH. Fairer Victoria had made the majority of DPC’s grants.

(6) Higher other expenses are due to the timing of budget updates. Further budget adjustments were made for the Portable Long Service Authority’s scheme expenses.

(7) Other items in the comprehensive result relate to the accumulated surplus funds transferred as part of MoG changes.

Balance sheet as at 30 June 2021

Summary:

Net assets (or total equity) for the DPC portfolio at 30 June 2021 is $27 million favourable when compared with the budgeted balance sheet published in BP5. This is mainly attributable to land revaluations.

Notes:

The notes below provide an explanation of the major variances in asset, liability and equity items.

(1) Increase in receivables is due to the timing of expense recoupment from another government department.

(2) Increase in other financial assets is due to investments made by the Portable Long Service Authority.

(3) The variance in provisions is due to the recognition of scheme benefits by the Portable Long Service Authority.

(4) The variance in the contributed capital mainly relates to MoG transfers.

Cash flow statement for the year ended 30 June 2021

Summary:

The net cash position for the DPC portfolio at 30 June 2021 is $114.4 million. This is $3.5 million lower than the original budgeted balance of $117.9 million.

Notes:

The notes below provide an explanation of the major variances in the 2020–21 cash flow statement.

(1) The variance in receipts from the government is mainly due to transfer of the Fairer Victoria group to DFFH.

(2) Variance in grant payments is also due to the transfer of the Fairer Victoria group to DFFH.

(3) Variance in investments relates to Portable Long Service Authority investment not included in the original budget.

(4) The variance in net borrowings is due to repayment of prior year short-term borrowings for bushfire recovery expense reimbursement.

Statement of changes in equity for the year ended 30 June 2021

Summary:

Total equity for the DPC portfolio is $27 million favourable when compared with the original budgeted balance sheet published in BP5. This is mainly attributable to land revaluations.

Administered items statement for the year ended 30 June 2021

Summary:

Administered items for the DPC portfolio include receipts and payments made by the DPC portfolio on behalf of the state.

Appendix 2: Other financial information

Financial performance

Significant factors that affected DPC’s performance in 2020–21 are summarised below.

DPC recorded a net profit result of $10 million for 2020–21.

The profit result is primarily due to trust funds operation, where funds received during 2020–21 will be expended in future years.

Sources of income ($ million)

The above graph shows the sources of income available to DPC during the 2020–21 financial year.

DPC’s main source of income is from government appropriations, which account for 94 per cent of income. The balance is derived from government grants and services.

Compared with 2019–20, the overall decrease in DPC’s income is mainly due to the Fairer Victoria group transferring to DFFH from 1 February 2021 and Bushfire Recovery Victoria transferring to the Department of Justice and Community Safety (DJCS) from 1 July 2020. These transfers resulted in lower government appropriations.

Expenses ($ million)

The above graph shows the distribution of expenses in delivering DPC’s services.

DPC’s total expenses have decreased by $193 million compared with 2019–20. This is again mainly due to the transfer of the Fairer Victoria group to DFFH and Bushfire Recovery Victoria to DJCS.

Financial position — balance sheet

DPC’s assets have increased due to land revaluations. Liabilities have decreased in line with fewer employees and less expenses driven by the Fairer Victoria group and Bushfire Recovery Victoria MoG changes.

Cash flows

DPC had a net cash inflow from operating activities of $36 million. Compared with last year this is an $18 million increase. This increase is mainly due to the timing of receipts from the government.

Capital projects / asset investment

During 2020–21 DPC completed one capital project that met the disclosure threshold of $10 million or greater — security and building upgrades for government buildings (Melbourne) — with a total estimated investment of $13.6 million.

Consultancies and major contracts

Consultancies and major contracts

Details of consultancies

In 2020–21 there were 32 consultancies engaged with a total approved value at $10,000 or greater. The total expenditure incurred during 2020–21 in relation to these consultancies was $5.2 million (excluding GST). Details of individual consultancies can be viewed at www.vic.gov.au/dpc-annual-reports.

Disclosure of major contracts

DPC is required to disclose, in accordance with the requirements of government policy and accompanying guidelines, all contracts greater than $10 million entered into during the financial year.

DPC did not enter into any new contracts greater than $10 million during the financial year ended 30 June 2021. Details of contracts that have been disclosed in the Victorian Government Contracts Publishing System can be viewed at www.tenders.vic.gov.au.

Contractual details have not been disclosed for those contracts for which disclosure is exempted under the Freedom of Information Act 1982 or government guidelines.

Direct costs attributable to machinery of government changes

Grant payments

Details of DPC grant payments in 2020–21 can be viewed at www.vic.gov.au/dpc-annual-reports.

Financial management compliance

Attestation for compliance with Ministerial Standing Direction 5.1.4

Department of Premier and Cabinet

I, Jeremi Moule, the Secretary of the Department of Premier and Cabinet, certify that the Department of Premier and Cabinet has no Material Compliance Deficiency with respect to the applicable Standing Directions under the Financial Management Act 1994 and Instructions.

Jeremi Moule
Secretary
Department of Premier and Cabinet
Melbourne
22 September 2021

Government advertising expenditure

Government advertising expenditure

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Information and communications technology expenditure

For the 2020–21 reporting period, DPC had a total ICT expenditure of $30.8 million, with details shown below.

ICT expenditure refers to DPC’s costs in providing business-enabling ICT services. It comprises BAU ICT expenditure and non-BAU ICT expenditure. Non-BAU ICT expenditure relates to extending or enhancing DPC’s current ICT capabilities. BAU ICT expenditure is all remaining ICT expenditure, which primarily relates to ongoing activities to operate and maintain the current ICT capability.

Asset management accountability framework maturity assessment

The following sections summarise the department's assessment of maturity against the requirements of the Asset Management Accountability Framework (AMAF).

DPC’s target maturity rating is ‘competence’, meaning systems and processes are fully in place, consistently applied and systematically meeting the AMAF requirement. This includes DPC having a continuous improvement process to expand system performance to ensure our assets are maintained for uninterrupted service delivery.

• Leadership and accountability (requirements 1–19):
  • DPC has met our target maturity level under most requirements within this category.
  • DPC’s maturity assessment identified some areas that need further improvements to strengthen the application of AMAF requirements across the organisation. These improvement opportunities did not result in any material non-compliances in this category.
• Planning (requirements 20–23):
  • DPC has met our target maturity level in this category.
• Acquisition (requirements 24 and 25):
  • DPC has met our target maturity level in this category.
• Operation (requirements 26–40):
  • DPC has met our target maturity level in this category.
• Disposal (requirement 41):
  • DPC has met our target maturity level in this category.

Appendix 3: Governance

Board of Management

The Board of Management comprises DPC’s senior-level executive officers who:

• provide organisation oversight
• provide strategic direction
• ensure DPC is operating in a fiscally and environmentally sustainable manner
• ensure DPC is meeting changing community needs and government priorities.

As of June 2021, DPC’s Board of Management members are:

• Jeremi Moule, Secretary
• Toby Hemming, Deputy Secretary, Legal, Legislation and Governance, and General Counsel
• Vivien Allimonos, Deputy Secretary, Cabinet, Communications and Corporate and A/Chief Executive Officer, Digital Victoria
• Kate Houghton, Deputy Secretary, Social Policy and Intergovernmental Relations
• Chris Miller, A/Deputy Secretary, Economic Policy and State Productivity
• Elly Patira, A/Deputy Secretary, First Peoples–State Relations
• Matt O’Connor, Deputy Secretary, Industrial Relations Victoria.

Audit and Risk Management Committee

The Audit and Risk Management Committee provides independent assurance and advice on the effectiveness of DPC’s financial management systems and controls, performance, stability, compliance with laws and regulations and risk management.

The committee reports to DPC’s Secretary and is established in accordance with the Financial Management Act 1994.

All members of the committee are independent.

As of 30 June 2021, the committee comprised the following members:

• Sam Andersen (Chair)
• Claire Filson
• Geoff Harry
• Andrew Whittaker.

Internal audit

In 2020–21 PricewaterhouseCoopers provided DPC’s internal audit services.

DPC’s internal audit program includes reviews into the department’s state of governance, risk management practices and internal controls.

Audit results and follow-up actions are reported to the Audit and Risk Management Committee.

Health, Safety and Wellbeing Committee

The Health, Safety and Wellbeing Committee is a consultative committee made up of DPC’s health and safety representatives and may also include first aid officers.

The committee has been established in accordance with the Occupational Health and Safety Act 2004 to:

• facilitate cooperation between the employer and employees in instigating, developing and carrying out measures designed to ensure the health and safety of employees in the workplace
• assist formulation, review and dissemination to employees of policies and procedures relating to health and safety that are to be implemented and complied with at DPC
• investigate any matter that may be a risk to the health and safety of persons at DPC
• review reported accidents and incidents, and DPC’s Occupational Health and Safety (OHS) Risk Register, including risk ratings and controls
• attempt to resolve any matter or request for DPC to conduct a review of the matter where no resolution can be determined
• establish designated working groups to reflect the DPC working environment
• ensure elections are conducted to fulfil the health and safety representative requirement across the department.

The committee members have met monthly during the COVID-19 pandemic to ensure any emerging issues were identified early to enable a timely and proactive response.

Appendix 4: Workforce data

Appendix 4: Workforce data

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Appendix 5: Environmental performance

DPC maintains a strong focus on sustainability through a range of operational activities and the ongoing management of our workspaces.

DPC continued to commit to the below sustainable practices:

• environmental considerations in tender specifications for all tender documents
• three streams of waste disposal: landfill, commingled and organics
• energy-efficient appliances and sensor lighting
• sustainably made furniture and, where possible, locally produced furniture
• sustainable relocation practices, whereby relocating work areas undertake significant clean-up activities and all waste is sustainably disposed of
• DPC has recycled any usable furniture or equipment to other government departments during refurbishments or relocations
• development of more digital solutions to reduce paper-based activities.

Office-based environmental impacts

Over the past 12 months, DPC further consolidated our real estate portfolio in the Melbourne central business district, which has enabled the department to further minimise our environmental footprint.

The ongoing effects of COVID-19 has led to a significant reduction in all environmental measures, primarily due to DPC staff working remotely over the past 12 months.

The environmental indicators presented on the following pages are based on Financial Reporting Direction 24D.

Energy

DPC’s energy consumption covers tenancies at 1 Macarthur Street, 1 Treasury Place, 3 Treasury Place, 1 Spring Street, 121 Exhibition Street, 80 Collins Street and 35 Collins Street. (See the glossary at the end of this section for an explanation of the abbreviations used.)

Electricity

DPC’s gas consumption covers tenancies at 1 Macarthur Street, 1 Treasury Place and 3 Treasury Place.

Gas

Note: Where billing is unavailable, consumption was estimated using average consumption from the previous period. This is the second year that DPC has been able to report our gas usage.

Result

• Electricity consumption decreased by 65 per cent.
• Gas consumption decreased by 75 per cent.

Explanatory notes

• Over the past 12 months, DPC further consolidated our real estate portfolio in the CBD. This, combined with our sustainable practices, has assisted in further reducing our environmental footprint.

Paper

DPC’s paper use covers tenancies at 1 Macarthur Street, 1 Treasury Place, 3 Treasury Place, 1 Spring Street, 121 Exhibition Street, 80 Collins Street and 35 Collins Street.

Result

• Total units of copy paper (reams) decreased by 89 per cent due to most staff working from home during COVID-19.
• Total units of copy paper (reams) per FTE decreased by 87 per cent.
• Some of the decrease can be attributed to the rationalisation of DPC’s offices.

Explanatory notes

• Data was calculated using purchasing information provided under the whole of government office stationery contract and reflects paper purchased rather than paper consumed.

Water

DPC’s water consumption covers tenancies at 1 Macarthur Street, 1 Treasury Place, 3 Treasury Place and 35 Collins Street.

Note: Where billing data is unavailable, consumption was estimated using average consumption from the previous period.

Result

• Water consumption decreased by 68 per cent.
• Due to the continuing effects of COVID-19 over the past 12 months, we saw further reduction in water usage across our tenancies.

Transport

DPC uses vehicles from the Shared Service Provider vehicle pool for operational car travel.

Result

• Total vehicle travel decreased by 84 per cent.
• Air travel decreased by 94 per cent.
• The greenhouse gas emissions for air travel is zero.

Explanatory notes

• The vehicle travel data includes DPC hire car usage from the Shared Service Provider vehicle pool.
• Air travel data was provided by the state government booking agency.
• The air travel data for 2020–21 is zero due to carbon offsets purchased through the booking agency as directed by the Department of Treasury and Finance.
• Staff at 1 Treasury Place, 1 Macarthur Street, 3 Treasury Place, 1 Spring Street and 35 Collins Street were included in the above indicators.

Waste

DPC’s waste reporting covers tenancies at 1 Macarthur Street and 1 Treasury Place.

Explanatory notes

Due to COVID-19, DPC was unable to conduct waste audits.

Greenhouse gas emissions

The emissions disclosed in the table below are taken from the previous sections to show DPC’s greenhouse footprint.

Green procurement

• Environmental considerations are included in the specifications for all tender documents.
• DPC complied with Green Purchasing Guidelines where applicable.

Environmental performance trend charts

DPC annual energy consumption

DPC annual paper use

DPC annual water use

DPC annual car travel

DPC annual waste generation

Glossary

• DSL: diesel
• FTE: full-time equivalent employee
• kg: kilogram
• kL: kilolitre
• km: kilometre
• L: litre
• LPG: liquefied petroleum gas
• m²: square metre
• MJ: megajoule
• ream: 500 sheets of A4 paper
• t CO₂ e: tonnes of carbon dioxide equivalent
• ULP: unleaded petrol

Appendix 6: Statutory compliance and other information

Acts of Parliament

Acts of Parliament administered by the Premier

• Administrative Arrangements Act 1983
• Australia (Acts) Request Act 1985
• Climate Change Act 2017 — sections 7, 8, 10, 14, 16, 41, 42, 50, 54 and 55 (these sections are jointly administered with the Minister for Energy, Environment and Climate Change)
  (The Act is otherwise administered by the Minister for Energy, Environment and Climate Change and the Minister for Solar Homes)
• Commonwealth Arrangements Act 1958
• Constitution Act 1975 — except:
  • section 72 (this section is administered by the Minister for Government Services)
  • Part III (this Part is administered by the Attorney-General)
  • Division 1 of Part IIIAA (this Division is jointly administered with the Attorney-General)
  • Divisions 3 to 6 of Part IIIAA (these Divisions are administered by the Attorney-General)
  • section 88 in so far as it relates to the appointment of Crown Counsel and Crown Counsel (Advisings) (this section is administered by the Attorney-General)
  • section 88 in so far as it relates to the appointment of the Commissioner for Better Regulation (this section is administered by the Minister for Regulatory Reform)
  • section 88 in so far as it relates to the appointment of the Victorian Skills Commissioner (this section is administered by the Minister for Training and Skills)
• Constitution (Appointments) Act 2009
• COVID-19 Omnibus (Emergency Measures) Act 2020 — except:
  • Part 2.1 (this Part is jointly and severally administered by the Attorney-General, the Minister for Corrections, the Minister for Police and Emergency Services, the Minister for Victim Support and the Minister for Youth Justice)
  • Part 2.2 (except section 16) (this Part is administered by the Minister for Small Business)
  • section 16 (this section is administered by the Minister for Industry Support and Recovery)
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into an Act by Chapter 3 before the repeal of Chapter 3 (in so far as it does relate to those matters, this Part is jointly and severally administered by the Attorney-General, the Minister for Corrections, the Minister for Police and Emergency Services, the Minister for Victim Support and the Minister for Youth Justice)
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into an Act by Chapter 4 before the repeal of Chapter 4 (in so far as it does relate to those matters, this Part is jointly and severally administered by the Minister for Consumer Affairs, Gaming and Liquor Regulation, the Minister for Disability, Ageing and Carers and the Minister for Housing)
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into the Education and Training Reform Act 2006 by Part 5.1 before the repeal of Part 5.1 (in so far as it does relate to those matters, this Part is jointly and severally administered by the Minister for Early Childhood, the Minister for Education and the Minister for Training and Skills)
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into an Act by Part 5.2 before the repeal of Part 5.2 (in so far as it does relate to those matters, this Part is administered by the Minister for Energy, Environment and Climate Change)
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into an Act by Part 5.3 before the repeal of Part 5.3 (in so far as it does relate to those matters, this Part is administered by the Minister for Local Government)
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into an Act by Part 5.5 before the repeal of Part 5.5 (this Part is administered by the Minister for Planning, except in so far as this Part relates to decisions relating to the activities or interests of the Director of Housing or the Minister for Housing [in so far as it does relate to those matters, these provisions are jointly and severally administered with the Minister for Energy, Environment and Climate Change])
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into an Act by Part 5.6 before the repeal of Part 5.6 (in so far as it does relate to those matters, this Part is administered by the Minister for Health)
  • Part 6.1 in so far as it relates to the making of regulations relating to the repeal of provisions inserted into an Act by Part 5.7 before the repeal of Part 5.7 (in so far as it does relate to those matters, this Part is administered by the Minister for Workplace Safety)
• Crown Land (Reserves) Act 1978 —
  • in so far as it relates to the land shown as Crown Allotment 2036, City of Melbourne, Parish of Melbourne South (Parish Plan No. 5514D) reserved for Public Purposes (Government House and Grounds)
    (The Act is otherwise administered by the Assistant Treasurer, the Minister for Business Precincts, the Minister for Corrections, the Minister for Energy, Environment and Climate Change, the Minister for Health, the Minister for Ports and Freight and the Minister for Tourism, Sport and Major Events)
• Electoral Act 2002 — Division 1 of Part 5 and Part 9A
  (The Act is otherwise administered by the Attorney-General and the Minister for Government Services)
• Essential Services Act 1958
• Family Violence Reform Implementation Monitor Act 2016
• Inquiries Act 2014
• Melbourne Cricket Ground Act 2009
  (The Act is jointly and severally administered with the Minister for Business Precincts and the Minister for Tourism, Sport and Major Events)
• Melbourne and Olympic Parks Act 1985
  (The Act is jointly and severally administered with the Minister for Business Precincts and the Minister for Tourism, Sport and Major Events — except:
  • sections 24–28 [these sections are administered by the Minister for Energy, Environment and Climate Change])
• Ombudsman Act 1973 — sections 3–6
  (The Act is otherwise administered by the Attorney-General)
• Parliamentary Administration Act 2005 —
  • Part 2 and sections 14–17
  • Part 5 (this Part is jointly and severally administered with the Minister for Government Services)
    (The Act is otherwise administered by the Minister for Government Services)
• Parliamentary Committees Act 2003 — except:
  • sections 7, 7A and 52 (in so far as these sections relate to public interest disclosures about conduct by or in the Victorian Inspectorate [these sections are jointly and severally administered with the Attorney-General])
• Project Development and Construction Management Act 1994 — except:
  • section 11 in so far as it relates to a project nominated under section 6 for which the Secretary referred to in Part 5A is the facilitating agency (in so far as it relates to those matters, this section is jointly and severally administered with the Minister for Business Precincts and the Minister for Transport Infrastructure)
  • Part 4 (this Part is administered by the Assistant Treasurer)
  • Part 5A (this Part is jointly and severally administered by the Minister for Business Precincts and the Minister for Transport Infrastructure, except to the extent that it relates to the exercise of powers and functions under Part 9A of the Planning and Environment Act 1987, in so far as it relates to those powers and functions this Part is administered by the Minister for Planning)
  • section 46 (this section is administered by the Minister for Planning)
  • Part 7 (this Part is administered by the Minister for Planning)
  • Parts 8, 9 and 10 (these Parts are jointly and severally administered by the Minister for Business Precincts and the Minister for Transport Infrastructure)
• Public Administration Act 2004 —
  • Parts 1, 2 and 8, section 67(3)(d) and Divisions 2 and 3 of Part 6 (these provisions are jointly and severally administered with the Minister for Government Services)
  • Part 3
  • Part 5A
  • sections 66(3), 98–98A
  • Part 7A
    (The Act is otherwise administered by the Minister for Government Services)
• Public Records Act 1973 — in so far as the Act relates to public records in the possession of, transferred from or to be transferred from the Cabinet Office
  (The Act is otherwise administered by the Minister for Government Services)
• Public Safety Preservation Act 1958
• Public Sector (Union Fees) Act 1992
• Senate Elections Act 1958
• Statute Law Revision Acts
• Subordinate Legislation Act 1994 — sections 5A, 9 and 12G
  (The Act is otherwise administered by the Minister for Government Services)
• Succession to the Crown (Request) Act 2013
• Superannuation (Public Sector) Act 1992
• Vital State Industries (Works and Services) Act 1992
• Vital State Projects Act 1976 — except:
  • sections 5–16 (these sections are administered by the Attorney-General)
• Wrongs (Public Contracts) Act 1981

Acts of Parliament administered by the Minister for Aboriginal Affairs

• Advancing the Treaty Process with Aboriginal Victorians Act 2018
• Aboriginal Heritage Act 2006
• Aboriginal Lands Act 1970
• Aboriginal Lands Act 1991, which is jointly and severally administered with the Minister for Energy, Environment and Climate Change

Acts of Parliament administered by the Minister for Industrial Relations

• Child Employment Act 2003
• Construction Industry Long Service Leave Act 1997
• Fair Work (Commonwealth Powers) Act 2009
• Labour Hire Licensing Act 2018
• Long Service Leave Act 2018
• Long Service Benefits Portability Act 2018
• Outworkers (Improved Protection) Act 2003
• Owner Drivers and Forestry Contractors Act 2005
• Public Sector Employment (Award Entitlements) Act 2006
• Trade Unions Act 1958
• Wage Theft Act 2020

Acts of Parliament administered by the Minister for Government Services

• Constitution Act 1975, section 72
  (The Act is otherwise administered by the Attorney-General, [the Minister for Regulatory Reform], the Minister for Training and Skills, the Treasurer and the Premier)
• Electoral Act 2002 — except:
  • Division 1 of Part 5 and Part 9A, which are administered by the Premier and Part 8, which is administered by the Attorney-General
• Electoral Boundaries Commission Act 1982
• Land Act 1958, subdivisions 1 and 2 of Division 9 of Part 1, in so far as they relate to the exercise of powers in respect of the land described as Crown Allotment 13A of section 92 at North Melbourne in the Parish of Jika, being the site of the Public Record Office Victoria; the Act is otherwise administered by the Assistant Treasurer, the Attorney-General, the Minister for Corrections, the Minister for Creative Industries, the Minister for Energy, Environment and Climate Change, the Minister for Health, the Minister for Ports and Freight and the Minister for Roads and Road Safety
• Members of Parliament (Standards) Act 1978
• Parliamentary Administration Act 2005 — except:
  • Part 2 and sections 14–17 (these provisions are administered by the Premier)
  • and Part 5 (Part 5 is jointly and severally administered with the Premier)
• Parliamentary Precincts Act 2001
• Parliamentary Salaries and Superannuation Act 1968 — except: sections 6(6), 9K(3), 9K(5), 9L and Part 3, which are administered by the Assistant Treasurer
• Public Administration Act 2004 — except:
  • Parts 1, 2 and 8, section 67(3)(d) and Divisions 2 and 3 of Part 6 (these provisions are jointly and severally administered with the Premier)
  • Part 3 (this Part is administered by the Premier)
  • Part 5A (this Part is administered by the Premier)
  • sections 66(3), 98, 98A (these sections are administered by the Premier)
  • Part 7A (this Part is administered by the Premier)
• Public Records Act 1973 — except:
  • in so far as the Act relates to public records in the possession of, transferred from or to be transferred from the Cabinet Office (in so far as the Act relates to those matters, the Act is administered by the Premier)
• Service Victoria Act 2018
• State Owned Enterprises Act 1992 —Division 2 of Part 2 in so far as it relates to Cenitex
  (The Act is otherwise administered by the Minister for Energy, Environment and Climate Change, the Minister for Multicultural Affairs, the Minister for Water and the Treasurer)
• Subordinate Legislation Act 1994 — except:
  • sections 5A, 9 and 12G (these sections are administered by the Premier)
• Victorian Data Sharing Act 2017
• Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

Aboriginal Heritage Act

Compliance with the Aboriginal Heritage Act

Under section 192 of the Aboriginal Heritage Act 2006, the Secretary must report on the operation of the Act including:

• the exercise and performance by authorised officers of their powers, functions and duties under the Act
• any complaints received in relation to authorised officers
• actions taken to address those complaints.

The Act establishes the role of authorised officers and makes provision for appointing authorised officers. The key functions to be carried out by an authorised officer include:

• monitoring compliance with the Act
• investigating suspected offences against the Act
• directing the conduct of a cultural heritage audit to assess the impact of an activity on Aboriginal cultural heritage
• issuing and delivering stop orders without formal approval if there are reasonable grounds for believing that Aboriginal cultural heritage is under threat from an activity.

On 30 June 2021:

• 27 authorised officers, all DPC employees, are appointed under the Act
• 13 Aboriginal heritage officers, all employees of a registered Aboriginal party, are also appointed under the Act.

All appointees have successfully completed a Certificate IV in Government Investigations within the past five years and receive ongoing training about the operation of the Act.

There were no complaints made about authorised officers during this period.

In 2020–21 authorised officers exercised their powers, functions and duties as set out on the following page.

Information on the exercise and performance by authorised officers of their powers, functions and duties under the Aboriginal Heritage Act

Full details of all powers and functions exercised by authorised officers in previous years can be requested via email to the Director, Heritage Services, First Peoples–State Relations at aboriginal.heritage@dpc.vic.gov.au (opens in a new window) .

Building Act

Compliance with the Building Act

DPC complied with obligations under the Building Act 1993, the Building Regulations 2006 and associated statutory requirements and amendments. An occupancy permit or certificate of final inspection endorsed by a registered building surveyor is obtained for all upgrades to existing facilities requiring a permit. Design consultants and building contractors engaged are registered practitioners and registrations are maintained during the course of the work.

DPC manages the Victorian Archives Centre and Government House and its outbuildings. There are several mechanisms for inspection, reporting and carrying out of maintenance works at these two sites including:

• regular property inspections conducted by staff, tenants and external contractors
• independent, formal condition audits undertaken every five years
• site risk surveys undertaken at least biennially by the Victorian Managed Insurance Authority
• onsite facilities managers responding to and prioritising identified issues and managing breakdown, preventative and cyclical maintenance contracts.

Major works projects (greater than $50,000)

Carers Recognition Act

Compliance with the Carers Recognition Act

DPC acknowledges and values the contribution that carers make to both the workplace and to the broader community and their families. DPC is committed to creating a workplace where greater flexibility is supported in the way we work in the future. By working flexibly and in a hybrid manner our people have reported greater flexibility in managing work and life commitments. DPC has taken active steps to support our people with their caring responsibilities under the Carers Recognition Act 2012. This encompasses:

• ensuring flexible work arrangements are embedded as part of the DPC working culture (in line with requirements under the Gender Equality Act 2020) and are available to all staff for any reason including supporting employees with family and caring responsibilities. During 2020–21 the VPS introduced a new Flexible Work Policy to support the way VPS organisations will work in the future
• embedding a hybrid working model to support diversity, inclusion and a more equitable workplace
• championing the DPC Enablers Network, a network run by people with disability for people with disability, with an executive sponsor, open to all staff including carers
• delivering a mental health and wellbeing training program for all staff and leaders including those who have caring responsibilities
• using qualified psychologists, delivering a range of webinars about wellbeing and working remotely during COVID-19 for all staff including those who have caring responsibilities
• providing support to all staff through the Peer Support Program and the Employee Assistance Program.

Gender Equality Act

Compliance with the Gender Equality Act

DPC acknowledges gender diversity within our workforce and is committed to developing strategies that promote opportunities for all staff.

DPC’s obligation under the Gender Equality Act 2020 commenced on 31 March 2020 and requires defined entities including the public sector, local councils and universities to take positive action towards achieving workplace gender equality.

Under the Act DPC is required to:

• develop and implement a Gender Equality Action Plan, including results of a workplace gender audit and strategies for achieving workplace gender equality
• promote gender equality in policies, programs and services that affect the public
• complete gender impact assessments
• publicly report on our progress in relation to workplace gender equality.

The Act also requires defined entities to consider intersectionality when developing strategies and measures to promote gender equality in the workplace.

Competitive Neutrality Policy

Competitive neutrality requires government businesses to ensure that, where services compete or potentially compete with the private sector, any advantage arising solely from their government ownership be removed if it is not in the public interest. Government businesses are required to cost these services as if they were privately owned. The Competitive Neutrality Policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation. This policy does not override other policy objectives of government and focuses on efficiency in service provision.

DPC continues to ensure Victoria fulfils its requirements on competitive neutrality reporting for government businesses against the enhanced principles as required under the Competition Principles Agreement.

Open Data Policy

In 2020–21 DPC continued our review of the DataVic Access Policy following extensive public service and citizen consultation and we are now finalising that work and seeking appropriate authorisation. The updated Open Data Policy (2021) replaces the previous Data Vic Access Policy (2012) and refreshes the Victorian Government’s practice of safely releasing government data to the public for free, unfettered reuse. The new policy covers the reasons, principles and outcomes expected from strengthening the Open Data Program. It updates the previous policy position to incorporate advances in data science, the Victorian Government’s IT reforms and sophistication in data usage. This policy, and its associated user guidelines, focuses on how the VPS can improve its open data supply through better application of existing information management policies and procedures.

The Victorian Government’s open data portal (data.vic.gov.au) is the central service for discovering, accessing and interacting with the Open Data Program. VPS agencies publish their data assets through the service, providing opportunities for citizens to search, discover and connect with Victorian Government data. In 2020–21 the portal saw the highest number of sessions on record (432,729 sessions), up from 234,378 sessions in the previous year. This increased activity on the data.vic website was driven almost entirely by the demand for COVID-19-related data. On 26 August 2020 Victoria began publishing frequently updated releases of Victorian COVID-19 open data, which has since been downloaded more than 300,000 times and accessed via the DataVic portal for data visualisations on the Department of Health coronavirus website plus citizen initiatives such as covidlive.com.au and covid19nearme.com.au.

Disability Act

Compliance with the Disability Act

DPC’s next Disability Action Plan will be launched in 2021–22. The plan will continue to provide a framework for DPC to ensure equitable access to employment opportunities for people with disability.

Highlights under the Disability Act 2006 during 2020–21 included the following:

• DPC hosted the VPS Enablers Network for the third year. The Enablers Network is run by employees with disability and their allies. This role has been transitioned to the Department of Transport in 2021–22.
• DPC also hosts the department-level Enablers Network for people with disability, representing the needs, interests and concerns of government employees with lived experience of disability to ensure fair and equitable treatment. The network is now supported by a newly appointed Executive champion.
• DPC appointed a dedicated Senior Adviser Disability Access and Inclusion.
• DPC continued our partnership with the Australian Network on Disability (AND). AND is a national, membership-based, for-purpose organisation that supports organisations to advance inclusion for people with disability.

Freedom of Information Act

Compliance with the Freedom of Information Act

The Freedom of Information Act 1982 gives members of the public a right to access documents held by DPC. The purpose of the Act is to extend as far as possible the right of the community to access information held by government departments, local councils, ministers and other bodies subject to the Act.

An applicant has a right to apply for access to any document held by DPC, which comprises documents both created and received by DPC. Other than regular electronic and paper records, applicants may also request access to documents such as maps, films, computer discs and tape recordings.

The Act allows DPC to refuse access, either fully or partially, to certain documents or information. Examples of documents that may not be accessed include Cabinet documents; certain internal working documents; law enforcement documents; documents covered by legal professional privilege; documents containing personal information; documents containing certain commercial and financial information; and information provided to DPC in confidence.

If an applicant is not satisfied with a freedom of information (FOI) decision made by DPC, under section 49A of the Act they have the right to seek a review from the Office of the Victorian Information Commissioner within 28 days of receiving a decision letter.

For the 12 months ended 30 June 2021, the FOI Unit received 112 requests for DPC documents and 21 for the Office of the Premier.

No requests were received during this period for any other DPC portfolio ministers.

The department finalised 92 FOI requests to DPC during the 12 months ending 30 June 2021. Forty-two per cent of access decisions were made within the statutory time period, 15 per cent were between one and 45 days overdue and 42 per cent were overdue by more than 45 days. DPC also finalised 18 requests for the Office of the Premier.

Ten DPC matters went to the Information Commissioner for review and 19 complaints about DPC matters were made to the Information Commissioner.

Ten DPC matters were appealed to the Victorian Civil and Administrative Tribunal.

Three complaints about Office of the Premier matters were made to the Information Commissioner.

Making a request

Requests to access documents should be made in writing to DPC’s FOI officer. The requirements of a request are set out in section 17 of the FOI Act.

In summary, a request should:

• be in writing
• identify as clearly as possible the documents requested
• be accompanied by the appropriate application fee (which may be waived if it would cause hardship to the applicant).

Requests for documents in DPC’s possession should be addressed to:

Freedom of Information Officer
Department of Premier and Cabinet
GPO Box 4912
Melbourne 3001

Requests can also be lodged via https://online.foi.vic.gov.au. Access charges may apply once documents have been processed and an access decision has been made.

Charges may be applied — for example, for costs associated with photocopying and for search and retrieval of documents. More information about DPC’s FOI arrangements can be found at www.vic.gov.au/foi-part-ii-statements.

Local Jobs First Act

Compliance with the Local Jobs First Act

The Local Jobs First Act 2003, introduced in August 2018, brings together the Victorian Industry Participation Policy (VIPP) and the Major Project Skills Guarantee (MPSG) policy, which were previously administered separately.

Departments and public sector bodies are required to apply the Local Jobs First policy in all projects valued at $3 million or more for metropolitan Melbourne or statewide projects, or $1 million or more for projects in regional Victoria.

MPSG applies to all construction projects valued at $20 million or more. The MPSG guidelines and VIPP guidelines will continue to apply to MPSG-applicable and VIPP-applicable projects respectively where contracts have been entered prior to 15 August 2018.

During 2020–21 DPC had two Local Jobs First Standard projects valued at $8.9 million under contract, carried across from previous financial years. The projects were in metropolitan Victoria. No projects began in regional Melbourne or were deemed as statewide. The MPSG did not apply to this project. Of the two Local Jobs First projects in progress, the expected outcomes are:

• an average of 98 per cent of local content commitment
• the retention of one job (annualised employee equivalent).

Public Interest Disclosure Act

The Public Interest Disclosure Act 2012 (formerly the Protected Disclosure Act 2012) encourages and assists people to disclose improper conduct or detrimental action involving public officers and public bodies. The Act provides protection to people who make disclosures in accordance with the Act and establishes a system for the matters disclosed to be investigated.

DPC is committed to the Act’s objectives. DPC does not tolerate improper conduct by our employees or reprisals against those who make disclosures about such conduct.

Compliance with the Public Interest Disclosure Act

The Guide to Making and Handling Public Interest Disclosures, which outlines the system for reporting disclosures of improper conduct or detrimental action by DPC or any of our employees or officers, is available on the internet at www.vic.gov.au/dpc-public-interest-disclosures.

Public interest disclosures must remain confidential under the law, so it is difficult to be accurate about the number of disclosures in any year. For example, managers or executives can receive public interest disclosures and may report these straight to the Independent Broad-based Anti-corruption Commission (IBAC) without anyone knowing. Equally, people can report directly to IBAC themselves without DPC necessarily knowing.

There have been three disclosures made to DPC under the Public Interest Disclosures Act and notified to IBAC in 2020–21.

Social Procurement Framework

During 2020–21 DPC launched the Social Procurement Strategy, which was developed in line with Victoria’s Social Procurement Framework.

In 2020–21 DPC improved our social procurement performance against four objectives:

• opportunities for Victorian Aboriginal people
• opportunities for Victorians with disability and disadvantaged Victorians
• supporting safe and fair workplaces
• opportunities for Victorian social enterprises.

Purchases from social suppliers, 1 July 2020 to 30 June 2021

Summary of contributing activities and initiatives

• DPC renegotiated the Oracle State Purchase Contract and included a key performance indicator for Oracle’s Women in Leadership program to host at least two events yearly in Australia, including one in Melbourne, to empower women to reach their leadership potential.
• DPC is working on several upcoming projects with embedded social procurement commitments. This involves asking suppliers for measurable social and sustainable outcomes; requesting regular reporting and commitments to hard targets under the head agreements; improving system functionality for buyers to easily identify social enterprises; proactive outreach to social enterprises to inform them of these head agreements; and providing dedicated assistance to them during the onboarding process.
• Invitations to supply during the financial year included requirements for a minimum of one social procurement objective to be included in supplier proposals. As a result, DPC awarded contracts to the value of $30,310,544 to suppliers who provided a social benefit.
• Through refined procurement and business processes DPC continued to encourage direct spend with Aboriginal suppliers where Aboriginal knowledge and expertise is needed.
• DPC procured a range of services from several Victorian Aboriginal businesses in 2020–21, including professional advisory services and strategic research to inform policy advice.
• DPC’s ‘Stay Engaged’ program continued during 2020–21. The program gives people with disability a chance to engage in meaningful employment within DPC through fixed-term paid work placements offered in various areas such as administration and policy.
• All suppliers engaged via a competitive procurement process with DPC have committed to the Victorian Government Supplier Code of Conduct by signing a commitment letter prior to the engagement.

Subsequent events

Refer to the section on subsequent events at Note 8.10 in DPC’s financial statements.

Other information available on request

In compliance with the requirements of the Standing Directions of the Assistant Treasurer, details of items listed below have been retained by DPC and are available on request, subject to the provisions of the FOI Act. These items include:

a) a statement that declarations of pecuniary interests have been duly completed by all relevant DPC officers

b) details of shares held by a senior officer as nominee or held beneficially in a statutory authority or subsidiary

c) details of publications produced by DPC about itself and how these can be obtained

d) details of changes in prices, fees, charges, rates and levies charged by DPC

e) details of any major external reviews carried out on DPC

f) details of major research and development activities undertaken by DPC

g) details of overseas visits undertaken, including a summary of the objectives and outcomes of each visit

h) details of major promotional, public relations and marketing activities undertaken by DPC to develop community awareness of DPC and our services

i) details of assessments and measures undertaken to improve the occupational health and safety of employees

j) a general statement on industrial relations within DPC and details of time lost through industrial accidents and disputes

k) a list of major committees sponsored by DPC, the purposes of each committee and the extent to which the purposes have been achieved

l) details of all consultancies and contractors including:

• consultants/contractors engaged
• services provided
• expenditure committed to for each engagement.

This information is available on request from:

Director
Corporate Governance
Department of Premier and Cabinet
1 Treasury Place
East Melbourne 3002
Email: dp&c@dpc.vic.gov.au

Disclosure index

The Department of Premier and Cabinet’s annual report is prepared in accordance with all relevant Victorian legislation and pronouncements. This index has been prepared to help identify the department’s compliance with statutory disclosure requirements.