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Reporting required - Chapter 5 - Annual report 2019-20

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 in 2019-20 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 2019

$148.2m

$296.7m

$444.9m

$2.8m

Total amount of debt that became payable to Chief Recovery Officer during the financial year (1 July 2019 to 30 June 2020)

$35.8m

$154.5m

$190.4m

$5.8m

Total amount paid to the Chief Recovery Officer during the financial year (1 July 2019 to 30 June 2020)

$22.0m

$87.0m

$108.9m

$1.9m

Total amount of debt waived* by the Chief Recovery Officer during the financial year (1 July 2019 to 30 June 2020)

$20.8m

$24.7m

$45.5m

-

Total amount of debt that was written off by the Chief Recovery Officer during the financial year (1 July 2019 – 30 June 2020)

$14.6m

$32.4m

$47.0m

-

 

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

$31.6m

$79.6m

$111.1m

$1.6m

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

$7.9m

$16.0m

$23.8m

$0.2m

Total amount subject to enforcement action

$51.3m

$147.6m

$198.9m

$3.8m

Total amount not yet due (not debt)

$5.6m

$26.0m

$31.7m

-

Total amount not owed to state

$29.0m

$14.8m

$43.8m

-

Total

$125.4m

$284.0m

$409.4m

$5.6m

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 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

2019-20

Incorporated associations on the register

21,292

21,090

Incorporated during the year

222

310

De-registered and wound-up

18

94

Periodic returns lodged

122

210

Searches of the public register

531

329

 

 

Act or Regulation - 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

2019-20

2018-19

Number of Licensed Bookmakers

17

16

Number of Licensed Agents

41

40

Number of TAB outlets

332

334

Number of Racing Clubs

50

44

 

Licensing

Compliance

2019-20

2018-19

Number of inspections completed

151

315

Non-Compliance matters detected

4

93

Investigations closed with enforcement outcome

0

1

Investigations closed without enforcement outcome

3

3

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.

Act or Regulation - Authorised Betting Operations Act 2000 

Requirement S90 – Annual Report (3)- 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

2019-20

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.

Act or Regulation - 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

2019-20

2018-19

Held by bodies corporate

5,456

5,291

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

17,945

18,228

Held by building work supervisors (registrations only)

4,297

4,152

Total

27,698

27,671

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

2,658

2,761

Act or Regulation - Companies (Administration) Act 1982*

Requirement - 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.

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.

Companies Liquidation Account

Amount

Balance at 30 June 2019

$94,244.40

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

0

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

0

 

Balance at 30 June 2020

$94,244.40

 

Act or Regulation - 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

2019-20

2018-19

Number of inspections completed

366 (1,091) 1

365 (1,543) 1

Non-Compliance matters detected

1

13

Investigations closed with enforcement outcome

0

1

Investigations closed without enforcement outcome

0

2

1366 Casino Daily Audits were undertaken by CBS during 2019-20. 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 1,091.

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

2019-20

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.

Act or Regulation - Conveyancers Act 1994

Requirement - 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

2019-20

2018-19

Held by bodies corporate

99

93

Held by natural persons

587

597

Total

686

690

Applications for new registrations received

34

40

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 2020.

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

Requirement - 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 2019

$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 2020

$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.

 

Act or Regulation - Fair Trading Act 1987

Requirement - S12—Annual report (1) 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

2019-20

2018-19

No. of advices provided

30,021

31,843

No. of disputes conciliated

1,295

1,152

No. of disputes referred to compulsory conciliation conference

406

373

 

Prosecutions/ Disciplinary action

Assurances and undertakings

Media releases 2019-20

Product Safety Inspections Summary 2019-20

Products inspected

3,942

Products compliant

3,085

Products withdrawn

840

Product recalls

20

Products inspected

  • Takata airbag recall - 54.80%
  • Dummy chain 0.04%
  • Toys 2.07%
  • Babies' dummies 0.21%
  • Elastic luggage straps 0.21%
  • Aquatic toys 0.97%
  • Button batteries 2.11%
  • Combustible candle holders 0.04%
  • General (including unregulated goods) 1.48%
  • Sunglasses 9.18%
  • Cosmetics 27.40%
  • Flotation aids 0.21%
  • Yo-yo water balls 0.3%
  • Portable swimming pools 0.38%
  • Projectile toys 0.59%

Act or Regulation - 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

2019-20

2018-19

Hotels

502

463

Clubs

60

60

On Premises

1

N/A

Special Circumstances

N/A

40

Total

563

563

     

Note: On 18 November 2019, the Special Circumstances Licence category was abolished due to amendments to the Liquor Licensing Act 1997.  Licences previously in the Special Circumstances category have all transitioned to General and Hotel category except for one licence which transitioned to the On Premises category.

   

 

 

 

Compliance

2019-20

2018-19

Number of inspections completed

357

549

Non-Compliance matters detected

77

213

Investigations closed with enforcement outcome

13

16

Number of expiation notices issued

10

15

Number of prosecutions commenced

1

1

Investigations closed without enforcement outcome

12

8

 

 

Prosecutions commenced for offences against this Act

Mansfield Park Hotel Pty Ltd and Mr Shaun Seymour Matthews.

Date:  23/10/2019

Prosecution for breaching section 51B(2) of the Gaming Machines Act 1992 by allowing a person to withdraw funds above the approved transaction limits.

Outcome: Mansfield Park Hotel Convicted and fined $21,000. Shaun Matthews Fined $10,500.

Act or Regulation - Land Agents Act 1994

Requirement - S64—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

2019-20

2018-19

Held by land agent bodies corporate

1,022

999

Held by land agent natural persons

2,459

2,402

Held by sales representative and auctioneer natural persons

2,511

2,589

Held by property manage natural persons

1,211

103

Total

7,203

6,093

Applications for new registrations or change of conditions received

2,294

1,008

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.

Act or Regulation - 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

Act or Regulation - 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

2019-20

2018-19

Adelaide

0

4

Aldinga

0

1

Barmera

1

0

Keith

1

0

Mannum

1

0

Murray Bridge

0

1

Noarlunga Centre

1

0

Port Adelaide

0

3

Salisbury

0

1

Strathablyn

0

1

Whyalla Norrie

0

1

Total

4

12

     
     

 

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

Location of Licensed Premises

Number of Orders by Suburb

2019-20

2018-19

Aberfoyle Park

0

1

Adelaide

10

3

Alberton

1

0

Angle Park

1

0

Ardrossan

1

0

Auburn

1

0

Brompton Park

0

1

Camden Park

0

1

Davoren Park

0

3

Elizabeth

0

1

Elizabeth Downs

3

1

Findon

0

2

Gawler

0

2

Glenelg

1

0

Goolwa

0

1

Hackham

2

0

Hilton

1

0

Keith

0

1

Kilburn

0

2

Kingscote

0

1

Klemzig

0

4

Magill

0

2

Mawson Lakes

1

0

Middleton

1

0

Millicent

0

1

Mount Barker

0

2

Morphett Vale

3

0

Mount Gambier

3

2

Murray  Bridge

4

8

Naracoorte

1

0

Noarlunga Centre

3

1

Noarlunga Downs

1

0

North Adelaide

1

0

Northfield

1

3

Norwood

1

2

Oaklands Park

0

1

Ovingham

0

2

Palmer

0

1

Paradise

0

1

Para Hills West

1

0

Paralowie

2

3

Pennington

2

1

Pooraka

0

2

Port Adelaide

0

2

Port Lincoln

0

2

Port Noarlunga

2

1

Prospect

1

0

Quorn

1

0

Richmond

1

0

Robe

1

0

Rosewater

0

3

Royal Park

1

0

Roxby Downs

0

1

Salisbury

2

4

Seaton

1

0

Sellicks Hill

0

1

Semaphore

0

2

Tailem Bend

0

1

Unley

1

0

Walkerville

0

1

Warradale

1

0

West Croydon

0

1

West Lakes

1

1

Whyalla

0

1

Whyalla Norrie

5

0

Willunga

0

1

Total

64

78

 

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

Type of Conduct

Number of Instances

2019-20

2018-19

Drunken Behaviour

7

9

Disorderly Behaviour

16

15

Assault

5

9

Property Damage

9

6

Drugs

4

1

Staff Assault

12

12

Theft

3

5

Excessive Gambling

0

1

Welfare at Risk

3

9

Cheating

0

0

False Pretences

1

0

Other

9

8

Total

69

75

Outcome of the review of barring orders under section 128

Outcome of Review

Number of Reviews

2019-20

2018-19

Adjourned

0

0

Confirmed

8

11

Dismissed

2

3

Invalid

0

0

Revoked

3

3

Varied

0

0

Withdrawn

1

3

NULL

5

3

Total

19

23

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.

Act or Regulation - 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

2019-20

2018-19

Holding a contractor licence only (individual or company)

717

726

Holding a workers registration

4,779

4,571

Holding both a worker registration and contractor licence

1,669

1,690

Gas fitters

2019-20

2018-19

Holding a contractor licence only (individual or company)

657

665

Holding a workers registration

4,334

4,151

Holding both a worker registration and contractor licence

1,443

1,447

 

Electricians

2019-20

2018-19

Holding a contractor licence only (individual or company)

1,815

1,790

Holding a workers registration

19,621

19,070

Holding both a worker registration and contractor licence

4,702

4,700

 

Plumbers, Gas Fitters & Electricians

2019-20

2018-19

Applications for new licences/registrations or change of conditions received

3,038

3,754

 

 

Act or Regulation - 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

2019-20

2018-19

Total tenant provided residential bonds held

168,905

166,153

Total Housing SA provided residential bonds held

178

218

Total Housing SA residential bond guarantees held

71,098

73,213

Total residential bonds held

240,181

239,584

Residential Tenancies Bonds

2019-20

2018-19

Residential bonds lodged

61,740

64,545

Residential bonds refunded

57,018

61,124

Incoming contact

2019-20

2018-19

Incoming bond calls

22,301

38,129

Incoming emails requesting advice

17,800

10,253

Advice

2019-20

2018-19

Tenancy advice provided

30,492

32,651

Expiation notices issued

23

48

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.

Act or Regulation - 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

2019-20

2018-19

Total residential park bonds held

928

851

Total residential park bonds held ($)

$494,113

$445,589

Residential park bonds lodged

228

210

Residential park bonds refunded

202

151

Act or Regulation - 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

2019-20

2018-19

 

Held by bodies corporate

Second-hand motor vehicle dealers

381

374

 

Second-hand motor cycle dealers

26

26

 

Held by natural persons

Second-hand vehicle dealers

849

796

 

Second-hand motor cycle dealers

44

50

 

Total

1,300

1,246

 

Applications for new licences/registrations received

Second-hand vehicle dealers

166

145

 

Second-hand motor cycle dealers

2

0

 

Registration of trading premises (new application)

39

47

 

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 2020.

Act or Regulation - 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

2019-20

2018-19

Held by bodies corporate

526

515

Held by natural persons

8,666

8,570

Total

9,192

9,085

Applications for new licences or a change of conditions received

1,295

1,455

 

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.