Performance at a glance
- The ODPP continued to manage a range of complex criminal matters, including the commencement of the first trials under Operation Ironside.
- Forensic Science SA, together with SA Police, identified five sets of previously unknown human remains and used DNA analysis which helped lead to a conviction in the 1993 murder of Suzanne Poll.
- The Liquor and Gambling Commissioner worked to address alcohol-fuelled anti-social behaviour, introducing restrictions on the sale of takeaway liquor in Port Augusta.
- The State’s new Planning System was put into operation in 2021, which provides for faster development approvals.
- Implemented Local Government Reforms including new behavioural standards for councillor and other measures designed to increase accountability.
- Following the March 2022 State Election, planned for a number of Machinery of Government changes which took effect from 1 July 2022.
Agency response to COVID-19
- The CSO continued to provide legal advice and assistance to government including on multiple aspects of the management of the COVID‑19 major emergency.
- Consumer and Business Services worked with the hospitality sector to support businesses during COVID-19 and help them transition to normal operations.
- Parliamentary Counsel continued to undertake the drafting and publishing of some 375 directions, as at May 2022, relating to COVID‑19 under the Emergency Management Act 2004.
- The project to improve audio-visual link (AVL) infrastructure and capabilities across the justice sector were substantially completed during 2021-22.
Agency contribution to whole of Government objectives
- Supported the South Australian Government response to the COVID-19 pandemic by providing law reform services, drafting and publishing and providing ongoing legal advice to Government.
- Improved information sharing and client coordination between the Public Advocate and the Public Trustee. Implementing additional resources to enable the Public Advocate and SACAT to manage the increased demand arising from the National Disability Insurance Scheme (NDIS) and restrictive practices.
- Coordinated services for, and provision of services to, vulnerable families (including victims, people with disability).
- Progressed CBS digital improvements including births, deaths and marriages digitisation, licensed venue portal and paper to online transactions.
- Progressed the replacement of the Public Trustee’s existing legacy Customer Relationship Management System to provide additional security and functionality including managing workflow and allocations to staff.
- AVL upgrades across the Justice system were substantially completed.
- Delivered the new Planning System, providing faster development approvals, reducing holding costs on land and keeping the construction sector busy, unlocking social, environmental and economic opportunities.
- Staged delivery of a Growth Management Program that supports population and economic growth.
- Delivered municipal services and provided infrastructure in Aboriginal communities.
- Completed the Local Government Infrastructure Framework, including implementation and continuous improvement of the new Council in Focus website.
Agency specific objectives and performance
Safe communities
Indicators | Performance |
|---|---|
Draft and publish legislation enabling Government response to COVID-19 | As at 25 May 2022, the Office of Parliamentary Counsel had published over 375 COVID-19 directions and declarations on the South Australian Legislation website. Many of these directions were prepared by Parliamentary Counsel, as were the South Australian Public Health (COVID-19) Amendment Act 2022 and the Statutes Amendment (COVID-19 Permanent Measures) Act 2021. These Acts, along with a comprehensive set of in force, superseded and ceased directions and declarations from throughout the COVID-19 emergency will remain available on Legislation SA indefinitely. In June 2022, Parliamentary Counsel began publishing consolidated versions of COVID-19 directions remaining in force under section 90C of the South Australian Public Health Act 2011. These versions reflect all amendments made to a direction over time and allow members of the public and government officers to quickly and easily review the operation of an amended direction on a given date. |
Continued to provide timely, high quality legal services to Ministers and Government Agencies during COVID-19 | The CSO continued to provide assistance and legal advice to Government on a range of issues associated with the COVID-19 emergency. |
Criminal Law Consolidation (Human Remains) Amendment Bill 2022 | The Criminal Law Consolidation (Human Remains) Amendment Bill 2022 was introduced into Parliament in May 2022. The Bill introduces four new offences.
Both have a maximum penalty of 15 years imprisonment. The two less serious offences are:
Both have a maximum penalty of 5 years imprisonment. |
Statutes Amendment (Child Sex Offences) Bill 2022 | The Statutes Amendment (Child Sex Offences) Bill 2022 was introduced into Parliament in May 2022. The reforms:
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Criminal Law Consolidation (Driving at Extreme Speed) Amendment Act 2021 | The Criminal Law Consolidation (Driving at Extreme Speed) Amendment Act 2021 was assented to on 1 July 2021. The Act introduced a new offence of driving at extreme speed in the Criminal Law Consolidation Act 1935, which commenced on 16 December 2021. Other provisions of the Act, which are yet to commence, will enable persons believed to have committed an offence of driving at extreme speed to be subject to an immediate loss of licence scheme, which is to be introduced on the commencement of the Criminal Law Consolidation (Causing Death by Use of Motor Vehicle) Amendment Act 2021. |
| Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021 | The Civil Liability (Institutional Child Abuse Liability) Amendment Act 2021 was assented to on 9 December 2021. The Act implements recommendations of the Redress and Civil Litigation Report of the Royal Commission into Institutional Responses to Child Sexual Abuse to reverse the onus of proof for negligence claims involving institutions and ensures proper defendants can be identified in relation to unincorporated associations for child sexual abuse claims. The Act also gives victims of institutional child abuse who received unjust settlements the opportunity to apply to the court to have their previous settlement agreement set aside. |
Statutes Amendment (Child Sexual Abuse) Act 2021 | The Statutes Amendment (Child Sexual Abuse) Act 2021 was assented to on 9 December 2021 and commenced on 1 June 2022. The Act implements recommendations of the Criminal Justice Report of the Royal Commission into Institutional Responses to Child Sexual Abuse to introduce new offences in relation to reporting of and protection from child sexual abuse and facilitates the giving and receipt of evidence of child sexual abuse and domestic violence in court. |
Effective and secure delivery of integration services for justice agencies system implementations enabling the sharing of critical data across the justice community | Successfully supported justice agency modernisation programs, whilst sustaining the states critical Justice Information System. |
Continue to meet the business and operational needs of the emergency services through provision of critical communications infrastructure and aviation services | Successfully maintained SA Computer Aided Dispatch (SACAD) availability of no less than 99.9%. Successfully maintained 24x7 availability of the State Rescue Helicopter Service. Successfully maintained 24x7 availability of the SA Government Radio Network (SAGRN) Voice and Paging services. |
Develop practice guidelines to foster and encourage informed and unprejudiced attitudes amongst members of the public | In August 2021, the Office of the Commissioner for Equal Opportunity (OCEO) launched its Disability Employment Practices guideline to encourage and assist employers to employ people living with a disability. |
Early intervention support to young parents aged between 12 to 25 years, who are experiencing or perpetuating domestic and family violence through the Supporting Parents' and Children's Emotions (SPACE) program | AGD has continued to support the Supporting Parents' and Children's Emotions (SPACE) program. Between July 2021 and June 22 SPACE provided support to 48 clients. Of these, 42 were victims, two were perpetrators and two were both victim and perpetrator. The majority of clients are female, have children, and are aged between 19-25 years. |
Provide support to the Women’s Domestic Violence Court Assistance Service to ensure that specialised legal assistance is available to women in South Australia affected by domestic and family violence | Additional funding of $200,000 per annum was provided to the Legal Services Commission to provide the Women's Domestic Violence Court Assistance Service, taking total state and Commonwealth funding for the service to $2.5 million over 3 years. The Women's Domestic Violence Court Assistance Service was awarded the Law Society's 2021 Justice Award. |
The Office of the Public Advocate (OPA) responding to Restrictive Practices | The OPA continues to respond to work associated with Restrictive Practices. The OPA established a Restrictive Practices Guardianship Project in 2020-21 to manage this workload, appointing an experienced OPA Senior Advocate/Guardian as project manager. This project has improved and streamlined the process for the OPA to assess relevant information, and to authorise and document the use of restrictive practices for its clients while also upholding their rights. |
OPA and the Public Trustee coordinate services to shared customers, many of which are the most vulnerable people in the South Australian community | The OPA and the Public Trustee have a significant number of shared customers, many of which are the most vulnerable people in the South Australian community. During 2021-22, the OPA and Public Trustee:
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Introduction of multiple Bills into Parliament between July and December 2021 | The following bills were introduced into Parliament between July and December 2021:
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Fairly administered laws
Indicators | Performance |
|---|---|
Establish the standalone Office for Public Integrity (OPI) | The OPI commenced as an agency independent of the Independent Commission Against Corruption (ICAC) on 7 October 2021. Guidelines for Reporting Corruption were published by the Acting Director OPI in late 2021. |
Develop pilot tools (My Life My Wishes) to support people under Guardianship to express and record their wishes to inform future decisions and decision-making processes (will and preference) | OPA Supported Decision-Making Practice Sessions are held monthly with delegate Guardianship staff. The wishes of 40 people under Guardianship have been sought and recorded (57% of these identify as Aboriginal and Torres Strait Islander people). The implementation of My Life My Wishes recommendations are in progress. |
SA's anti-ticket scalping laws | CBS has issued 70 takedown requests to sites such as Viagogo, Gumtree and eBay where tickets were either sold at a price exceeding that threshold, or where details of the tickets weren't mentioned. A legislated review of ticket scalping provisions was undertaken, including public consultation. The outcome of the review was provided in a report to the Minister in December 2021 and tabled in Parliament in May 2022. |
Fuel price transparency scheme | The two-year trial of the scheme commenced in March 2021. CBS undertook a review to inform the Government’s decision that the scheme should be made permanent. In 2021-22, additional funding of $546,000 on-going was announced to continue the scheme at the end of the trial period. |
Implemented the new national Automatic Mutual Recognition (AMR) scheme. | AMR successfully commenced in South Australia on 1 February 2022. The national reform promotes the freedom of movement of service providers across jurisdictions by reducing unnecessary regulatory burden, while maintaining high standards of consumer protection, and the health and safety of workers and the public. At 30 June 2022 there were approximately 260 active providers approved to work under the AMR scheme in SA. |
Review of Form 1 prescribed under the Land and Business (Sale and Conveyancing) Act 1994 | The review was completed in April 2022 and the Final Report received by CBS. A summary of the report was provided to the Minister in May 2022. CBS is giving further consideration to the proposed options to inform the Government’s decision on any regulatory changes. |
Reform of laws relating to Second Hand Vehicle Dealers. | Last year, consultation was undertaken on proposed amendments to reduce the regulatory burden on dealers. The Government is currently giving further consideration and engaging with industry to inform progressing these. |
An efficient and effective justice system
Indicators | Performance |
|---|---|
COVID-19 Emergency Response (Expiry) (No 3) Amendment Act 2021 | The COVID-19 Emergency Response (Expiry) (No 3) Amendment Act 2021 was introduced into Parliament in August 2021. It was assented to and commenced on 16 September 2021, with some provisions coming into effect on 2 September 2021. The Act supported the ongoing management of the COVID-19 pandemic. |
Legislation Interpretation Act 2021 | The Legislation Interpretation Act 2021 commenced operation on 1 January 2022. The Act updated and modernised the Acts Interpretation Act 1915. Related amendments were also made to the Legislative Instruments Act 1978 to ensure consistency in the interpretation of legislation across the statute book. |
The Unexplained Wealth (Commonwealth Powers) Act 2021 | The Unexplained Wealth (Commonwealth Powers) Act 2021 was assented to on 1 July 2021 and commenced operation in September 2021. The Act facilitated South Australia joining the National Cooperative Scheme on Unexplained Wealth. The National Scheme ensures that more efficient information sharing can be undertaken between jurisdictions to facilitate unexplained wealth investigations. Formal proceeds-sharing provisions allows for the proceeds of joint investigations to be fairly distributed between contributing jurisdictions. |
Burial and Cremation (Interment Rights) Amendment Bill 2022 | The Burial and Cremation (Interment Rights) Amendment Bill 2022 was introduced into Parliament in June 2022. The Bill proposes amendments to the Burial and Cremation Act 2013 to improve the enforceability of interment rights and improve the regulation around the removal of cremated remains. |
Introduction and tabling of multiple Bills into Parliament between July and December 2021 | The following bills were introduced into Parliament between July and December 2021:
An exposure draft of the Powers of Attorney Bill 2021 was tabled in Parliament in October 2021. An exposure draft of the Forfeiture Bill 2021 was tabled in Parliament in October 2021. |
Upgrade the South Australian legislation website, improving useability, accessibility and security | A new South Australian legislation website was launched in November 2021. The new website is built on a continuously updated platform that is administered by DPC in line with SA Government cyber security and accessibility standards and has a number of new features that improve user experience. These features include a subscription service that sends email notifications when consolidated legislation is updated, and a point in time search filter that assists users to find legislation in force on a specified date. |
Canine Court Companion (CCC) | The ODPP has continued the development of the CCC Program to bring the new CCC into the court environment to provide support for vulnerable victims and witnesses including children. In January 2022, South Australia’s inaugural canine court companion, Zero, sadly passed away. Since starting work in March 2019, Zero helped many of the more than 300 child and adolescent victims and witnesses who are involved in the criminal justice system each year. Following Zero’s passing, the second dog to take on the role, Zeb, commenced with the ODPP in February 2022. Zeb is being trained by Guide Dogs SA/NT in a joint initiative with the ODPP. |
Implementation of Gambling Reform Package, Review of Small Venue Licence Boundary, Liquor Licensing Amendments | Established a Gambling Advisory Council to provide advice to the Liquor and Gambling Commissioner to ensure that the formulation and implementation of policies and legislation relating to the regulation of commercial gambling is well informed and reflective of diverse stakeholder interests. |
Conduct a review of the gaming machine trading system and Lotteries Regulation | The Final Report on the review of the Gaming Machine Trading System was tabled in Parliament in May 2022. CBS has since undertaken modelling and provided a briefing to the Minister on the available options available to inform the Government’s consideration. |
Implementation of the new regulatory framework for the conduct of lotteries | The Lotteries Act 2019 and supporting regulations commenced in December 2021. |
Assistance provided to SAPOL in Operation Persevere, to identify all unidentified human remains in South Australia | FSSA and SA Police collaborated to establish the identity of five unknown human remains to the satisfaction of the Coroner, including historical remains found in 1981 at Coolawong Beach at Victor Harbor, historical remains found on farmland near Ceduna in 1984 and skeletal remains found at False Bay, bringing closure for families. |
Assistance provided to SAPOL in the investigation of the 1993 murder of Suzanne Poll | The case involved a significant body of work undertaken at FSSA which resulted in a conviction in March 2022. The outcome, which would not have been achieved without the DNA identification, represents years of work by numerous individuals, including FSSA scientists. |
Our people meet customer needs
Indicators | Performance |
|---|---|
Promote and support reconciliation | AGD undertook a suite of activities and events to promote reconciliation and promote Aboriginal culture throughout the year, including during National Reconciliation Week and NAIDOC Week. Events included cultural awareness training for AGD emerging leaders, film events, an Aboriginal student work experience program, and establishing the Aboriginal Reference Group for State Records and the State Library. |
Implementation of State Records response to the Tandanya Declaration | During 2021-22, the Aboriginal Reference Group met for the first time. The group was established to support improved access to the State archival collection and engagement with Aboriginal communities in conjunction with the State Library of South Australia. |
Promote gender equality strategies | As part of White Ribbon Workplace Reaccreditation and in line with a recommendation of the Review of Harassment in the Legal Profession undertaken by the former Acting Commissioner for Equal Opportunity, AGD continues to implement its Gender Equality and Respect Action Plan. |
Staged delivery of a Growth Management Program that supports population and economic growth | A summary paper for consultation has been completed and is currently being reviewed and formatted for release. |
Supportive infrastructure
Indicators | Performance |
|---|---|
Develop a new Customer Relationship Management System | The Public Trustee received funding of $3 million to replace the PeopleSoft system. The replacement project commenced in May 2021, and the new system will be implemented in 2022-23. |
Systems to improve accessibility to venues for people with a disability | The OCEO launched its Disability Access Reporting Tool (DART) in April 2022. The DART is an online form that triggers an email to owners/operators, informing them about access issues experienced by the user and reminding them of their obligations under the Equal Opportunity Act 1984. |
Improve access to courts and legal services through the commissioning of audio-visual link upgrades | As part of a project to improve AVL infrastructure and capabilities across the justice sector:
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Births, deaths and marriage electronic records | CBS continued the digitisation of historical files (825,000 non-electronic birth, death & marriage records). 413,000 records were digitised in 2021-22. |
Improve digital systems for CBS (OneCBS) | Continued the upgrade and replacement of CBS systems. |
Complete Local Government Infrastructure Framework, including implementation and continuous improvement of the new Council in Focus website | The Councils in Focus public website was launched in September 2021. The Office of Local Government (OLG) have promoted the system and presented to councils the benefits the system can add in their own benchmarking projects. |
Management of the Open Space Grants program | Over two years, 64 projects have been funded through the Open Space Grant Program, reaching a combined State Government, council and other contribution total of $124.7 million. All grant deeds from the 2021-22 Open Space Grant Program have been executed by the Minister for Planning and funding has been paid to each successful council. |
E-Planning System | A new Planning System is in place providing faster development approvals, reducing holding costs on land and keeping the construction sector busy, unlocking social, environmental and economic opportunities. |
Renewal of Municipal Infrastructure in Aboriginal Communities | Projects being delivered through the Municipal Services (MUNS) Infrastructure Program are now largely underway or completed. The final remaining additional infrastructure upgrades are expected to be contracted in 2022-23, including upgrades to playgrounds and landfill sites. |
Heritage Code Amendments | Four Local Heritage in Transition Development Plan Amendments were finalised and implemented in the Planning and Design Code, resulting in the listing of 254 new local heritage places. The listings were undertaken by:
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Port Bonython Code Amendment | The Port Bonython Code Amendment was implemented in December 2021 and rezoned 1,020 hectares of land from the Deferred Urban Zone to the Strategic Employment Zone and applied the Significant Industry Subzone. The amendment is of State strategic economic importance, and the affected area has been identified for potential renewable energy and hydrogen industry development occurring over the next five years. The amendment will facilitate the anticipated development of the site, generating significant employment and economic opportunities in the region. |
Protect against cyber security threats by continuing to improve the AGD security posture, compliance and awareness to protect information | Measures included:
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Corporate performance summary
- Following the 2022 State Election, a number of Machinery of Government changes were announced to take effect from 1 July 2022. AGD, in conjunction with other agencies, began work to implement these changes in 2021-22.
- AGD is continuing to implement the agency’s ‘Your Voice’ Action Plan which was developed in response to the 2021 survey.
- A new Learning Management System has been implemented to improve the recruitment, learning and development, and performance management processes across AGD.
- In response to cyber security risks, the department continued to improve its security posture, compliance and awareness to protect valuable information.
AGD organised a range of events around National Reconciliation Week and NAIDOC to further raise awareness of our Aboriginal strategy.
AGD supported and promoted the implementation of the Disability Access and Inclusion Plan across the agency.
AGD maintained the inclusion of a comprehensive diversity and inclusion awareness session into existing leadership and recruitment training programs aimed at addressing unconscious bias in the workplace.
AGD updated employment policies, processes and forms as required to support diversity and inclusion in the workplace.
Cultural learning was included in AGD’s Action Plan arising from the 2021 ‘Your Voice’ survey. In particular:
- promotion of cultural learning opportunities
- development of a cultural competency/learning framework
- increasing attendance of cultural awareness training.
The engagement process to select a provider was commenced as part of this initiative and sessions will start in 2022-23. This will build on previous training.
AGD’s Leadership Program for aspiring executives includes dedicated cultural awareness training. This session was held in September 2021.
AGD was allocated 13 Skilling SA places for 2021-22. Four places were offered to Aboriginal trainees. Of the remaining places, three have been filled by Aboriginal employees to enable them to upskill and further develop their careers.
Agency performance management and development systems
AGD has a twice yearly performance management process. 81% of AGD employees had at least one performance review in the last 12 months. A survey showed that staff were generally satisfied with the quality of conversations
Work health, safety and return to work programs
AGD continued to work to its Wellbeing and Safety Strategic Plan 2020-22 goals:
- leaders demonstrate commitment to safety by their actions
- organisational practices support wellbeing and engagement
- risk management is systematic and proportionate
- regular verification and evaluation of safety performance.
The quarterly Health and Safety Representative forum continues to support the Health and Safety Committee, to ensure consultation on wellbeing and safety matters.
AGD transitioned its safety management system to ‘Gov Safety’ in line with whole of Government arrangements.
AGD strategies for managing the COVID-19 pandemic have continued to work effectively. There has been minimal evidence of workplace transmissions and AGD has been able to maintain delivery of services.
AGD’s approach to early intervention, return to work and injury management continues to produce positive outcomes. In 2021-22, AGD recorded 9 claims (11 in 2020-21).
Despite an increase in costs associated with return to work, there was a reduction in the number of claims, including significant injuries, in 2021-22. The increase relates to a settlement of a single claim dating back a number of years.
While the total number of claims has remained relatively steady over time, there has been a shift towards a higher proportion of psychological claims.
AGD’s focus is on the prevention of future psychological claims through education and training is continuing with a particular focus on the risks of vicarious trauma, direct trauma and stress. The partnership with AGD’s Employee Assistance Provider, Human Psychology continues to yield good results.
Workplace injury claims | 2021-22 | 2020-21 | % Change |
|---|---|---|---|
Total new workplace injury claims | 9 | 11 | -18% |
Fatalities | 0 | 0 | 0 |
Seriously injured workers* | 0 | 0 | 0 |
Significant injuries (where lost time exceeds a working week, expressed per 1,000 FTE) | 2.2 | 2.5 | -12% |
* Number of claimants assessed during the reporting period as having a whole person impairment of 30% or more under the Return to Work Act 2014 (Part 2 Division 5)
Work health and safety regulations | 2020-21 | 2019-20 | % Change |
|---|---|---|---|
Number of notifiable incidents (Work Health and Safety Act 2012, Part 3) | 1 | 1 | 0 |
Number of provisional improvement, improvement and prohibition notices (Work Health and Safety Act 2012 Sections 90, 191 and 195) | 0 | 0 | 0 |
Return to work costs** | 2021-22 | 2020-21 | % Change |
|---|---|---|---|
Total gross workers compensation expenditure ($) | $676,745.81 | $202,777.18 | +233% |
Income support payments – gross ($) | $132,327.09 | $97,074.57 | +36% |
** Before third party recovery
Data for previous years is available on the Data SA website.
Executive employment in the agency
Executive classification | Number of executives |
|---|---|
Chief Executive | 1 |
SAES1 | 62 |
SAES2 | 16 |
Statutory Appointments | 13 |
Data for previous years is available at: https://data.sa.gov.au/data/organization/attorney-general-s-dept
The Office of the Commissioner for Public Sector Employment has a workforce information page that provides further information on the breakdown of executive gender, salary and tenure by agency.