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Reporting required - Chapter 5 - Annual report 2018-19

Reporting required

under any other Act or Regulation

The Chief Recovery Officer’s Annual Report 2018-19
Act or Regulation - Fines Enforcement and Debt Recovery Act 2017, Fines Enforcement and Debt Recovery Regulations 2018

Requirement - Fines Enforcement and Debt Recovery Act 2017 - 7—Annual report

(1) The Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of this Act must, not later than 30 September in each year, submit to the Minister a report on the work of the Chief Recovery Officer for the financial year ending on the preceding 30 June. (2) The report must include information prescribed by the regulations or required by the Minister.

In accordance with the Fines Enforcement and Debt Recovery Act 2017, the work of the Chief Recovery Officer for financial year 2018-19 is reported in the table below. Note that some totals may not add due to rounding.

Work of the Chief Recovery Officer

  Court penalties Expiation Total Civil debt*

Total amount of debt payable to the Chief Recovery Officer as at 1 July 2018

$139.7m

$263.9m

$403.6m

-

Total amount of debt that became payable to Chief Recovery Officer during the financial year (1 July 2018 to 30 June 2019)

$39.2m

$155.3m

$194.5m

$2.8m

Total amount paid to the Chief Recovery Officer during the financial year (1 July 2018 to 30 June 2019)

$23.1m

$80.8m

$103.9m

$11,004

Total amount of debt waived** by the Chief Recovery Officer during the financial year (1 July 2018 to 30 June 2019)

$4.9m

$27.4m

$32.3m

-

Total amount of debt that was written off by the Chief Recovery Officer during the financial year (1 July 2018 – 30 June 2019)

$2.2m

-

$2.2m

-

 

Penalties managed by Chief Recovery Officer

Total amount of penalties managed by the Chief Recovery Officer as at 30 June 2019 including: Court penalties Expiation Total Civil debt

Total amount subject to arrangements

$32.3m

$66.2m

$98.4m

$68,447

Total amount on which payment has been deferred (stay, community service, custody)

$20.8m

$35.5m

$56.3m

$8,049

Total amount subject to enforcement action

$58.0m

$158.1m

$216.0m

$2.7m

Total amount not yet due (not debt)

$6.2m

$22.4m

$28.6m

-

Total amount not owed to state

$31.0m

$14.6m

$45.6m

-

Total

$148.2m

$296.7m

$444.9m

$2.8m

External debt collection agency panel engaged to assist in the recovery of debt. All payments from debtor contact are made to Fines Enforcement and Recovery Unit not external agency.

*The first Civil Debt lodgements were received in May 2019.

**The Chief Recovery Officer has absolute discretion to waive payment of a fine or any part of an enforced fine. When an enforced fine is waived the liability for payment is expunged.

Commissioner of Consumer Affairs and Liquor & Gambling with Consumer and Business Services' Annual report 2018-19

Act or Regulation - Associations Incorporation Act 1985

Requirement - S9—Annual report - The Commission must, on or before 31 December in each year, deliver to the Minister a report on the administration of this Act during the period of 12 months that ended on the preceding 30 June.

Association

2018-19

Incorporated associations on the register

21,090

20,904

Incorporated during the year

310

297

De-registered and wound-up

94

76

Periodic returns lodged

210

286

Searches of the public register

329

404

Authorised Betting Operations Act 2000

Requirement - S90 – Annual Report (1) The Commissioner must, on or before 30 September in each year, prepare and present to the Minister a report on the performance of the Commissioner's functions under this Act during the preceding financial year.

Licensing

2018-19

2017-18

Number of Licensed Bookmakers

16

16

Number of Licensed Agents

40

78

Number of TAB outlets

334

332

Number of Racing Clubs

44

44

licensing

Compliance

2018-19

2017-18

Number of inspections completed

315

188

Non-Compliance matters detected

93

22

Investigations closed with enforcement outcome

1

n/a1

Investigations closed without enforcement outcome

3

n/a1

1 New measure introduced for 2018-19

Authorised Betting Operations Act 2000 

Prior to 1 December 2018, the Independent Gambling Authority was responsible for any matters that required further disciplinary action in relation to non-compliance matters.

Requirement - S90 – Annual Report - The Commissioner's report must include—  (a) details of any statutory default occurring during the course of the relevant financial year; and (b) details of any disciplinary action taken by the Commissioner; and 

(c) details of any directions given to the Commissioner by the Minister.

Report

2018-19

Details of any statutory default occurring during the course of the relevant financial year

No statutory defaults to report.

Details of any disciplinary action taken by the Commissioner

No disciplinary action to report.

Details of any directions given to the Commissioner by the Minister

No directions to report.

Building Work Contractors Act 1995

Requirement - S61—Annual report - (1)The Commissioner must, on or before 31 October in each year,submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

Builders licences

2018-19

2017-18

Held by bodies corporate

5,291

4,943

Held by natural persons (individuals or members of partnerships) Includes contractors only and contractors & supervisors. Does not include supervisors only

18,228

18,210

Held by building work supervisors (registrations only)

4,152

3,961

Total

27,671

27,114

Applications for new licences/registrations or a change of conditions received

2,761

2,700

Companies (Administration) Act 1982*

S8A—Report - 1 The Commission shall, on or before the thirty-first day of December in each year, deliver to the Minister a report of its operations during the period of twelve months that ended on the preceding thirtieth day of June.

Companies Liquidation Account

Amount

Balance at 30 June 2018

$94,244.40

Add: Amounts received during the year pursuant to section 427(1) of the Companies Code

$0.00

Less: Amount paid to claimants in accordance with section 427(1) Payments to Consolidated Account in accordance with section 427(6)

$0.00

Balance at 30 June 2019

$94,244.40

*Consumer and Business Services maintains accounts where unclaimed monies from liquidators of companies (from any liquidation that commenced on or before 1 January 1991) must be deposited.

Casino Act 1997

Requirement - S71 – Annual Report - (1 ) The Commissioner must, on or before 30 September in each year, prepare and present to the Minister a report on the performance of the Commissioner's functions under this Act during the preceding financial year.

Compliance

2018-19

2017-18

Number of inspections completed

365 (1,543) 1

365 (1,844)

Non-Compliance matters detected

13

14

Investigations closed with enforcement outcome

1

n/a2

Investigations closed without enforcement outcome

2

n/a2

365 Casino Daily Audits were undertaken by CBS during 2018-19. Each daily audit consists of several specific compliance criteria being monitored relating to the Casino’s operations. The total number of Casino compliance criteria inspected totalled 1,543.

2 New measure introduced for 2018-19.

Casino Act 1997

Requirement - S71 – Annual Report - (3)The report must include— (a) details of any statutory default occurring during the course of the relevant financial year; and (b) details of any disciplinary action taken by the Commissioner.

Report

2018-19

Details of any statutory default occurring during the course of the relevant financial year

No statutory defaults to report.

Details of any disciplinary action taken by the Commissioner

No disciplinary action to report.

Conveyancers Act 1994

S66—Annual report (1)The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June. (2) The report must contain the audited statement of accounts of the indemnity fund for the period to which the report relates.

Registrations

2018-19

2017-18

Held by bodies corporate

93

87

Held by natural persons

597

593

Total

690

680

Applications for new registrations received

40

59

A copy of the audited statement of accounts of the Agents Indemnity Fund will be available on the Consumer and Business Services website on or before 31 December 2019.

Co-operatives National Law (South Australia) Act 2013*

10—Disposal of consideration for shares compulsorily acquired (Co-operatives National Law section 436) For the purposes of section 436(3)(b)(i) of the Co-operatives National Law (South Australia)— (a) the applied provisions of the Corporations Act are to be read as if the following provision were inserted in Part 9.7 before section 1339: S1338D—Co-operatives Liquidation Account (1)The Co-operatives Liquidation Account established under Division 3 of Part 6 of the Co-operatives Act 1983 of South Australia continues in existence under this Part. (2) The Account must continue to be kept in a separate account at the Treasury.

Co-operatives Liquidation Account

Amount

Balance at 30 June 2018

$64,992.85

Add: Amounts received during the year pursuant to section 331 of the Co-operatives Act 1997

$0.00

Less: Amount paid to claimants in accordance with section 331

$0.00

Balance at 30 June 2019

$64,992.85

*Consumer and Business Services maintains accounts where unclaimed monies from liquidators of co-operatives (from any liquidation that commenced on or before 1 January 1991) must be deposited.

 

Fair Trading Act 1987

S12—Annual report

The Commissioner for Consumer Affairs must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act by the Commissioner during the year ended on the preceding 30 June.

Advice and conciliation

2018-19

2017-18

No. of advices provided

31,843

33,751

No. of disputes conciliated

1,152

1,189

No. of disputes referred to compulsory conciliation conference

373

337

Prosecutions/ Disciplinary action

Assurances and undertakings

Media releases 2018-19

Product Safety Inspections Summary 2018-19

Products inspected

2,221

Products compliant

2,163

Products withdrawn

51 product lines

Product recalls

9

Products inspected

  • Toppling furniture (10.40%)
  • General (incl unregulated goods) (1.25%)
  • Nightwear (0.55%)
  • Sunglasses (9.99%)
  • Toys (34.81%)
  • Cosmetics (17.20%)
  • Babies’ dummies (1.39%)
  • Flotation aids (1.11%)
  • Vehicle jacks (4.85%)
  • Trolley jacks (2.91%)
  • Portable ramps for motor vehicles (0.42%)
  • Elastic luggage straps (1.66%)
  • Vehicle support stands (2.77%)
  • Yo-yo water balls (1.39%)
  • Aquatic toys (1.80%)
  • Portable swimming pools (2.77%)
  • Button batteries (0.69%)
  • Projectile toys (0.55%)
  • Baby walkers (0.14%)
  • Prams and strollers (0.55%)
  • Candles with lead wicks (0.83%)
  • Combustible candle holders (1.94%)

Gaming Machines Act 1992

Requirement - S74 – Annual Report (1) The Commissioner must, on or before 30 September in each year, prepare and submit to the Minister a report on the performance of the Commissioner's functions under this Act during the preceding financial year.

Licences

2018-19

2017-18

Hotels

463

464

Clubs

60

60

Special Circumstances

40

40

Total

563

564

 

 

 

Compliance

2018-19

2017-18

Number of inspections completed

549

614

Non-Compliance matters detected

213

199

Investigations closed with enforcement outcome

16

n/a1

Number of expiation notices issued

15

8

Number of prosecutions commenced

1

0

Investigations closed without enforcement outcome

8

n/a1

*New measure for 2018-19

Prosecutions commenced for offences against this Act

Robert Appelkamp

Date:  18/12/2018

Breached section 51(1) of the Gaming Machines Act 1992 by operating a gaming machine on licensed premises when being a person who occupied a position of authority in a corporate entity which held a gaming machine licence, when such operation was not necessary for the purpose of carrying out his duties.

Land Agents Act 1994

S64—Annual report - The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

The report must contain the audited statement of accounts of the indemnity fund for the period to which the report relates.

Registrations

2018-19

2017-18

Held by land agent bodies corporate

999

983

Held by land agent natural persons

2,402

2,303

Held by sales representative and auctioneer natural persons

2,589

2,658

Held by property manage natural persons

103

0

Total

6,093

5,944

Applications for new registrations or a change of conditions received

1,008

896

Note: the Land Agents Act 1994 was amended to require property managers to be registered from 28 September 2019. Consumer and Business Services began accepting applications for registration from 1 February 2019.

A copy of the audited statement of accounts of the Agents Indemnity Fund will be available on the Consumer and Business Services website on or before 31 December 2019.

Land Valuers Act 1995

Requirement - S23—Annual report  - The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

Land Valuers are not required to be licensed by the Commissioner, however need to be approved by the Commissioner if they wish to undertake property valuations at the request of a real estate agent for the purpose of section 24G of the Land and Business (Sales and Conveyancing) Act 1994.

25 additional Land Valuers was added during the reporting period.

Details of approved Land Valuers can be found at: https://www.cbs.sa.gov.au/assets/LAR/occupational/APPROVEDVALUERSLIST_forweb.pdf

Liquor Licensing Act 1997

Requirement - S128A Report to the Minister on barring orders - The Commissioner must, on or before 30 September in each year (other than the calendar year in which this section comes into operation), provide a report to the Minister specifying the following information in relation to the financial year ending on the preceding 30 June: in relation to an order made under Subdivision 2 barring a person from licensed premises for an indefinite period or a period exceeding 6 months—

in the case of orders made under section 125(1)(aa) (a welfare order)—the number of welfare orders made; and the location of the licensed premises from which the persons were barred; in any other case—the number of orders made; and statistical information about the type of conduct giving rise to the orders; and the location of the licensed premises from which the persons were barred;in relation to an order made under Subdivision 3 because of information classified by the Commissioner of Police as criminal intelligence—the number of orders made; and the location of the licensed premises from which the persons were barred; and statistical information about—the period for which the orders have effect; and the age, gender, race and residential postcode of the persons barred;section 128 and the outcome of any such review.

Details of barring orders issued by licensees for an indefinite period or a period exceeding six months (this does not including barring orders issued by South Australia Police)

Licensee welfare barring orders

Location of Licensed Premises

Number of Welfare Orders by Suburb

2018-19

2017-18

Aberfoyle Park

0

1

Adelaide

4

2

Aldinga

1

0

Hallett

0

1

Loxton

0

1

Murray Bridge

1

0

Para Hills West

0

1

Port Adelaide

3

0

Salisbury

1

0

Salisbury Heights

0

1

Semaphore

0

1

Strathalbyn

1

0

Whyalla Norrie

1

0

Total

12

8

 

Location of the licensed premises from which persons were barred (for reasons other than welfare)

Location of Licensed Premises

Number of Orders by Suburb

2018-19

2017-18

Aberfoyle Park

0

1

Adelaide

7

14

Alberton

0

1

Aldinga

1

0

Angaston

0

1

Angle Vale

0

1

Blair Athol

0

4

Brompton Park

1

1

Camden Park

1

0

Clearview

0

1

Collinswood

0

0

Davoren Park

3

2

Elizabeth

1

0

Elizabeth Downs

1

1

Exeter

0

1

Fairview Park

0

0

Findon

2

0

Gawler

2

2

Glenelg

0

1

Glynde

0

2

Golden Grove

0

1

Goolwa

1

0

Grange

0

2

Hallett

0

1

Hindmarsh

0

3

Ingle Farm

0

1

Keith

1

0

Kilburn

2

0

Kingscote

1

0

Klemzig

4

1

Lonsdale

0

1

Loxton

0

1

Magill

2

0

Marion

0

1

Maylands

0

2

McLaren Vale

0

1

Meningie

0

1

Millicent

1

0

Mount Barker

2

1

Mount Gambier

2

1

Murray Bridge

9

5

Noarlunga Centre

1

0

Northfield

3

1

Norwood

2

1

Oaklands Park

1

1

Ovingham

2

2

Palmer

1

0

Paradise

1

1

Para Hills West

0

4

Paralowie

3

1

Pennington

1

0

Penneshaw

0

1

Pooraka

2

0

Port Adelaide

5

2

Port Augusta

0

6

Port Lincoln

2

6

Port Pirie

0

3

Regency Park

0

1

Renmark

0

1

Rosewater

3

0

Roxby Downs

1

1

Salisbury

5

2

Salisbury Heights

0

1

Salisbury North

0

1

Sellicks Hill

1

0

Semaphore

2

4

Stirling North

0

1

Strathalbyn

1

0

Tailem Bend

1

1

Walkerville

1

0

Warooka

0

1

Warradale

2

2

West Croydon

2

0

West Lakes

1

0

Whyalla

1

1

Whyalla Norrie

1

1

Willunga

1

0

Wynn Vale

0

1

Total

90

104

Statistical information about the type of conduct (some barring’s were issued for more than one reason)

Type of Conduct

Number of Instances

2018-19

2017-18

Disorderly behaviour

36

55

Property Damage

8

8

Assault

23

13

Drunken behaviour

11

15

Theft

10

11

Drugs

1

6

Staff Assault

23

29

False Pretences

0

0

Other Reasons

30

20

Total

142

157

Outcome of the review of barring orders under section 128

Outcome of Review

Number of Reviews

2018-19

2017-18

Adjourned

0

1

Confirmed

1

6

Dismissed

8

2

Invalid

0

1

Revoked

5

8

Varied

9

20

Withdrawn

5

4

Total

28

42

Pursuant to section 128A(1)(b), South Australia Police has advised that no barring orders were issued on the grounds of criminal intelligence during 1 July 2018 to 30 June 2019.

Plumbers, Gas fitters and Electricians Act 1995

Requirement - S43—Annual report - The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

Plumbers

2018-19

2017-18

Holding a contractor licence only (individual or company)

726

703

Holding a workers registration

4,571

4,384

Holding both a worker registration and contractor licence

1,690

1,683

Gas fitters

2018-19

2017-18

Holding a contractor licence only (individual or company)

665

642

Holding a workers registration

4,151

3,950

Holding both a worker registration and contractor licence

1,447

1,428

 

Electricians

2018-19

2017-18

Holding a contractor licence only (individual or company)

1,790

1,727

Holding a workers registration

19,070

18,170

Holding both a worker registration and contractor licence

4,700

4,664

 

Plumbers, Gas Fitters & Electricians

2018-19

2017-18

Applications for new licences/registrations or change of conditions received

3,754

3,814

 

Residential Tenancies Act 1995

Requirement - S10—Annual report - The Commissioner must, on or before 31 October in each year, prepare and forward to the Minister a report on the administration of this Act for the year ending on the preceding 30 June. The report must include a report on the administration of the Fund.

Bonds – numbers held

2018-19

2017-18

Total tenant provided residential bonds held

166,153

160,737

Total Housing SA provided residential bonds held

218

232

Total Housing SA residential bond guarantees held

73,213

73,919

Total residential bonds held

239,584

234,888

Residential Tenancies Bonds

2018-19

2017-18

Residential bonds lodged

64,545

66,692

Residential bonds refunded

61,124

59,840

Incoming contact

2018-19

2017-18

Incoming bond calls

38,129

54,544

Incoming emails requesting advice

10,253

31,200

Advice

2018-19

2017-18

Tenancy advice provided

32,651

35,347

Expiation notices issued

48

8

A copy of the report on the administration of the Residential Tenancies Fund will be available on the Consumer and Business Services website on or before 31 December 2019.

Residential Parks Act 2007

Requirement - 

S136—Annual report - The Commissioner must, on or before 31 October in each year, prepare and forward to the Minister a report on the administration of this Act for the year ending on the preceding 30 June of the Fund.

Residential Park Bonds

2018-19

2017-18

Total residential park bonds held

851

794

Total residential park bonds held ($)

$445,589

$398,888

Residential park bonds lodged

210

232

Residential park bonds refunded

151

153

Second-hand Vehicle Dealers Act 1995

Requirement - S52—Annual report - The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

Licences

2018-19

2017-18

 

Held by bodies corporate

Second-hand motor vehicle dealers

374

371

 

Second-hand motor cycle dealers

26

29

 

Held by natural persons

Second-hand vehicle dealers

796

828

 

Second-hand motor cycle dealers

50

50

 

Total

1,246

1,278

 

Applications for new licences/registrations received

Second-hand vehicle dealers

145

144

 

Second-hand motor cycle dealers

0

7

 

Registration of trading premises (new application)

47

42

 

The Second-hand Vehicles Compensation Fund is administered by the Commissioner for Consumer Affairs. A copy of the report on the administration of the Fund will be available on the Consumer and Business Services website on or before 31 December 2019.

Security and Investigation Industry Act 1995

Requirement - S47—Annual report - The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

Security and investigation agents licences

2018-19

2017-18

Held by bodies corporate

515

490

Held by natural persons

8,570

8,134

Total

9,085

8,624

Applications for new licences or a change of conditions received

1,455

1,356

Reporting required under the Carers’ Recognition Act 2005

The Carers’ Recognition Act 2005 is deemed applicable for the following: Department of Human Services, Department for Education, Department for Health and Wellbeing, Department of State Development, Department of Planning, Transport and Infrastructure, South Australia Police and TAFE SA.

Section 7: Compliance or non-compliance with section 6 of the Carers Recognition Act 2005 and (b) if a person or body provides relevant services under a contract with the organisation (other than a contract of employment), that person's or body's compliance or non-compliance with section 6.

The AGD recognises and supports the principles of the South Australian Carers Charter. Employees who are carers are supported in identifying appropriate flexible working arrangements and through the AGD policy to access special leave with pay to care for dependents.

Aboriginal cultural awareness training is also mandated for all employees which, among other topics, addresses the issues of family obligation and community responsibility in the context of the role of carers.