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
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 2024:
- 22 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 2023–24 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
| Section | Function/power | Exercised |
|---|---|---|
| 83 | Cultural heritage audit must be conducted under the direction of an authorised officer | No cultural heritage audits were conducted |
| 84 | Give a written report of the findings of a cultural heritage audit to the minister | No written reports were provided to the minister |
| 159(a) | Monitor compliance with the Act | 75 inspections were carried out by authorised officers to monitor compliance with the Act |
| 159(b) | Investigate suspected offences against the Act | 109 investigations were carried out or are ongoing |
| 159(c) | Direct the conduct of cultural heritage audits | No cultural heritage audits were ordered |
| 159(d) | Issue and deliver stop orders | No stop orders were issued or delivered |
| 159(e) | Report to the Secretary | No reports were required |
| 165 | Present identification card for inspection | Identification cards were presented for inspection on 46 occasions |
| 166 | Enter land or premises with the consent of the occupier | General powers to enter land or premises were used 75 times |
| 167 | Obtain consent to enter land or premises | General powers to enter land or premises were used 46 times |
| 168 | Enter land or premises open to the public | Land or premises open to the public were entered 29 times |
| 169 | Enter land or premises for a cultural heritage audit | No land was entered for the purposes of a cultural heritage audit |
| 170 | Search upon entry | Search powers on entering land were executed 75 times |
| 171 | Seizure powers on entry without search warrant | Seizure powers by consent were not exercised |
| 172 | Seizure powers without consent | Seizure powers without consent were not required |
| 173 | Search warrants | No search warrants were obtained |
| 176 | Receipts for seized things | No receipts were issued |
| 177 | Security of seized things | No seized things (records) were required to be secured |
| 178(4) | Return of seized objects | No seized things were required to be returned |
| 180 | Require the giving of name and address | No one was required to give their name and address |
| 181 | Require the giving of assistance and information | No one was required to provide assistance or information |
| 182 | Take affidavits | No affidavits were taken |
| 184 | Report to be given about entry | No reports about entry were required |
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.
Competitive Neutrality Policy
Competitive neutrality requires government businesses to ensure that where services compete, or potentially compete, with the private sector, any net advantage arising from government ownership is accounted for if it is not in the public interest.
Government businesses are required to set a competitively neutral price, which accounts for any net advantage that comes from public ownership. 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 the provision of service.
DPC continues to ensure Victoria fulfils its requirements on competitive neutrality reporting as required under the Competition Principles Agreement and Competition and Infrastructure Reform Agreement.
Compliance with the Building Act
During 2023–24 DPC complied with the building and maintenance provisions of the Building Act 1993. 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 Office of the Governor and its outbuildings. There are several mechanisms for inspection, reporting and carrying out of maintenance works at this site 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.
In 2023–24, DPC completed the following major work projects:
Major works projects (greater than $50,000)
| Office of the Governor | Ongoing conservation, restoration and security building works at Government House |
For the 2023–24 reporting period, no buildings were required to be brought into conformity with building standards. Across the period, for buildings DPC owns or manages, none of the following were issued:
- building permits
- occupancy or certificates of final inspection
- emergency orders and building orders.
Compliance with the
DataVic Access Policy
Consistent with the DataVic Access Policy issued by the Victorian Government in 2012, DPC made 33 data sets available on the DataVic website in 2023–24. Information included in this annual report will also be available at www.data.vic.gov.au in electronic readable format.
Compliance with the Freedom
of Information Act
The Freedom of Information Act 1982 gives the public a right to access documents held by DPC and DPC portfolio ministers. 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 documents held by a department, 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. Applicants may also request access to the official documents of a DPC portfolio minister.
The Act allows a department 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.
Under the Act, the Freedom of Information (FOI) processing time for requests received is 30 calendar days. However, when external consultation is required under ss29, 29A, 31, 31A, 33, 34 or 35, a 15-day automatic extension applies. Processing time may also be extended by periods of up to 30 days, in consultation with the applicant. With the applicant’s agreement this may occur any number of times. However, obtaining an applicant’s agreement for an extension cannot occur after the expiry of the timeframe for deciding a request.
If an applicant is not satisfied with a freedom of information 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.
FOI statistics
Requests received in 2023–24 included 91 requests for DPC documents and 11 requests for documents from the Office of the Premier.
No requests were received during this period for any other DPC portfolio ministers.
Of these requests to DPC and the Office of the Premier, 29 were from members of parliament, 35 from the media, and the remainder from the general public.
DPC made 90 access decisions on FOI requests made to DPC in 2023–24. Seventy-one per cent of access decisions were made within the statutory period, 12 per cent were between one and 45 days overdue and 17 per cent were overdue by more than 45 days. DPC also made 17 access decisions on requests for the Office of the Premier.
Fifteen DPC matters went to the Information Commissioner for review and 6 complaints about DPC matters were made to the Information Commissioner. One Office of the Premier matter went to the Information Commissioner for review and 5 complaints about the 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 Freedom of Information Officer. The requirements of a request are set out in section 17 of the Act.
In summary, a request must:
- 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 must be addressed to:
Freedom of Information Officer Department of Premier and Cabinet
GPO Box 4912
Melbourne VIC 3001
Requests can also be lodged via online.foi.vic.gov.au. Access charges may apply once documents have been processed and an access decision has been made.
For example, charges may be applied 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.
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 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 in metropolitan Melbourne or for statewide projects, or $1 million or more for projects in regional Victoria.
The MPSG applies to all construction projects valued at $20 million or more
In 2023–24, DPC did not commence/complete any Local Jobs First Standard or Local Jobs First Strategic projects.
Compliance with the Public Interest Disclosure Act
The Public Interest Disclosures Act 2012 encourages and assists people in making disclosures of improper conduct by public officers and public bodies. The Act protects people who make disclosures in keeping with the Act and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.
DPC does not tolerate improper conduct by employees, nor the taking of reprisals against those who come forward to disclose such conduct. DPC is committed to ensuring transparency and accountability in administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.
DPC will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. DPC will also afford natural justice to the person who is the subject of the disclosure to the extent it is legally possible.
Reporting procedures
Disclosures of improper conduct or detrimental action by DPC or any employees may be made to any of the following departmental personnel:
- the secretary of the department
- a public interest disclosure coordinator
- a director, indirect manager or supervisor of the discloser
- a person acting in any of the above roles.
Alternatively, disclosures may also be made directly to the Independent Broad-based Anti-corruption Commission (IBAC):
Level 1, North Tower, 459 Collins Street
Melbourne VIC 3000
Phone: 1300 735 135
Internet: www.ibac.vic.gov.au
Refer to this website for the secure email disclosure process, which also provides for anonymous disclosures.
More information
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 its employees and/or officers, is available on DPC’s website (www.vic.gov.au/dpc-public-interest‑disclosures).
Disclosures under the Public Interest Disclosures Act
In 2023–24, one assessable disclosure was made to DPC and notified to IBAC. This is a decrease from 2022–23 in which two assessable disclosures were made.
Email: info@ibac.vic.gov.au
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