Annual Report 2006-07:
Chapter 4 Management and Accountability
4.1 Administrative Arrangements
4.1.1 Human Rights and Equal Opportunity Commission Memorandum of Understanding
The Office has a Memorandum of Understanding with the Human Rights and Equal Opportunity Commission (HREOC) which establishes an arrangement for the provision of corporate services. The Office paid $878 086 for these services in 2006–07. This includes payroll, recruitment services and general personnel support, finance, legal and support services, and information technology support. The Office also sub-lets premises from HREOC.
4.1.2 Attorney-General’s Department Memorandum of Understanding
The Office has a non-financial Memorandum of Understanding with the Attorney-General’s Department. This Memorandum was established in 2000–01 and sets out an agreed basis for policy and operational coordination between the Department and the Office. Representatives from both agencies meet monthly. The benefits of the arrangements include open lines of communication to keep each party informed of relevant activities and developments, and improved advice to Ministers and other key stakeholders.
4.1.3 ACT Government Memorandum of Understanding
The Office continues to have a Memorandum of Understanding with the ACT Government. The relationship has been in place since 1 July 2000 and the current Memorandum will expire on 30 June 2008. Under the Memorandum, the Office fulfils advisory, education and compliance roles including audits, and reports half-yearly and annually on activities undertaken in relation to the ACT Government. In 2006–07, in return for these services the Office received $94 987, as set out in the financial statements. Further information regarding advice provided to ACT Government agencies can be found at section 1.4.
4.1.4 Centrelink
The Office continued to undertake its responsibilities under the Data-matching Program (Assistance and Tax) Act 1990 throughout 2006–07. Under an agreement with Centrelink, the Office receives annual funding of $331 875 to support the costs of monitoring the conduct of the data-matching program. For further information on data-matching see section 3.10.
4.1.5 Department of Human Services Memorandum of Understanding
In December 2006 the Office entered into a Memorandum of Understanding with the Department of Human Services (DHS) which allows for close consultation on privacy-related issues in the development and roll-out of the proposed Health and Social Services Access Card. Under the terms of the Memorandum, DHS has agreed to provide the Office with $375 000 per year for the term of the agreement (1 July 2006 to 30 June 2010). For more information see section 1.3.2.
4.1.6 Medicare Australia Memorandum of Understanding
The Office has a Memorandum of Understanding with Medicare Australia. Under the Memorandum, Medicare Australia provides the Office with resources ($130 000 per annum for the period 1 July 2005 to 30 June 2007) to provide advice and undertake work on privacy-related projects relevant to Medicare Australia.
4.1.7 Department of Immigration and Citizenship Memorandum of Understanding
The Office had a Memorandum of Understanding with the Department of Immigration and Citizenship (DIAC) during the reporting period. Under the Memorandum DIAC provided the Office with resources ($350 000 for the period 1 July 2006 to 30 June 2007) to give advice on privacy-related projects. For more information see section 1.3.3.
4.1.8 NSW Privacy Memorandum of Understanding
In December 2005 the Office entered into a non-financial Memorandum of Understanding with the Office of the NSW Privacy Commissioner to provide a framework for cooperation in undertaking their respective responsibilities when those responsibilities overlap, and to take advantage of opportunities to assist each other in joint training, education, promotion and enforcement activities.
4.1.9 Commonwealth Ombudsman Memorandum of Understanding
In November 2006, a non-financial Memorandum of Understanding was established between the Privacy Commissioner and the Commonwealth Ombudsman to allow for greater cooperation between their offices when dealing with privacy-related complaints.
The Memorandum allows for the exchange of relevant information where both Offices are considering the same issue and also offers the option of undertaking a joint investigation where a complaint falls under the jurisdiction of both Offices. Further, it enables referral of complaints to the other office where appropriate and with consent.
The two Offices will hold annual consultations to discuss the effectiveness of the agreement.
4.1.10 Office of the New Zealand Privacy Commissioner Memorandum of Understanding
The Office entered a non-financial Memorandum of Understanding with the New Zealand Office of the Privacy Commissioner in September 2006. The Memorandum enables cooperation between the two offices on privacy-related issues and the sharing of information related to surveys, research projects, promotional campaigns, education and training programs, and techniques in investigating privacy violations and regulatory strategies.
The Memorandum stems in part from the APEC Privacy Framework, OECD Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, and the Asia Pacific Privacy Authorities Forum, all of which advocate the forming of cooperative arrangements between privacy regulators.
The current Memorandum will expire in September 2008.
4.2 Corporate Services
4.2.1 Audit Committee
Consistent with ASX principles of good corporate governance and the requirements of the Financial Management and Accountability Act 1997, the Office maintains an audit committee to advise the Privacy Commissioner on the agency’s compliance with external reporting requirements and the effectiveness and efficiency of internal control and risk management mechanisms in place within the Office. The audit committee met four times during the reporting period.
4.2.2 Purchasing
The Office’s purchasing procedures comply with the Australian Government Procurement Guidelines issued by the Department of Finance and Administration. They address a wide range of purchasing situations, allowing managers to be flexible when making purchasing decisions while complying with the Australian Government’s core procurement principle of value for money.
There was no competitive tendering and contracting during 2006–07 that resulted in a transfer of provider from a Commonwealth supplier of goods or services to a non-government body.
4.2.3 Certification of Fraud Measures
The Office has a fraud risk assessment and fraud control plan including procedures and processes in place to assist in the process of fraud prevention, detection, investigation and reporting in line with the Commonwealth Fraud Control Guidelines.
4.2.4 Consultants
The Office uses consultancy services where there is a need to access skills and expertise not available within the human resources of the agency.
During 2006–07 one new consultancy contract was entered into involving total actual expenditure including GST of $84 709. There were no active part-performed consultancy contracts from prior years.
Table 4.1 Consultancy Contracts 2006–07
Consultant Name |
Description |
Contract Price |
Selection Process |
Justification |
Wallis Consulting Group Pty Ltd |
Research into community attitudes towards privacy in Australia |
$84 709 |
Select Tender |
A,B |
TOTAL |
|
$84 709 |
|
|
Information on expenditure on contracts and consultancies is also available on the AusTender website at www.tenders.gov.au.
4.2.5 Advertising and Market Research
As noted in section 4.2.4, a contract for the provision of research into community attitudes towards privacy was entered into in 2006–07. The total value of the contract was $84 709 including GST. During 2006–07 a total of $12 706 (including GST) was paid out to the contractor under the contract.
4.2.6 Ecologically Sustainable Development and Environmental Performance
The role and activities of the Office do not directly link with the principles of ecologically sustainable development or impact on the environment other than through its business operations in the consumption of resources required to sustain its operations.
The Office uses energy saving methods in its operation and endeavours to make the best use of resources. The Office has implemented a number of environmental initiatives to ensure issues of environmental impact are addressed. Major energy consuming services such as air conditioning and lighting are switched off outside working hours. In addition waste products such as paper, cardboard, printer cartridges and other recyclable materials are recycled subject to the availability of appropriate recycling schemes. Preference is given to environmentally sound products when purchasing office supplies. Purchase/leasing of ‘Energy Star’ rated office machines and equipment is encouraged, as are machines with ‘power save’ features.
During 2006–07 the Office and its staff participated in the Earth Hour initiative, which was held on Saturday 31 March 2007.
4.3 Management of Human Resources
4.3.1 Staffing Overview
There was an increase in staffing through the year as a result of increased funding. An additional Senior Executive Service position was created and filled at the Band 2 level as a result of a restructure in the Office. The Office’s average staffing level for 2006–07 was 52.13 staff with a turnover of approximately 21% for ongoing staff. Ten ongoing staff either resigned or transferred to other Commonwealth agencies. Twenty-five ongoing staff were employed. The increase was largely in the Compliance section to deal with the increased workload.
As at 30 June 2007 the Office had a total of 63 staff, including both ongoing and non-ongoing employees. An overview of the Office’s staffing profile as at 30 June 2007 is summarised in Table 4.2. The number of part-time staff also includes casual staff employed as at 30 June 2007.
Table 4.2 Overview of Staffing Profile as at 30 June 2007
Classification |
Male |
Female |
Full Time |
Part Time |
Total Ongoing |
Total Non-ongoing |
Total |
Statutory Office Holder |
— |
1 |
1 |
— |
— |
1 |
1 |
SES Band 2 |
1 |
— |
1 |
— |
1 |
— |
1 |
SES Band 1 |
1 |
— |
1 |
— |
1 |
— |
1 |
EL 2 ($85,544 - $98,521) |
1 |
3 |
4 |
— |
4 |
— |
4 |
EL 1 ($74,170 - $81,337) |
4 |
5 |
8 |
1 |
9 |
— |
9 |
APS 6 ($59,295 - $66,460) |
10 |
12 |
19 |
3 |
20 |
2 |
22 |
APS 5 ($53,567 - $57,856) |
6 |
8 |
12 |
2 |
10 |
4 |
14 |
APS 4 ($48,026 - $52,147) |
2 |
4 |
3 |
3 |
4 |
2 |
6 |
APS 3 ($43,092 - $46,509) |
3 |
2 |
2 |
3 |
3 |
2 |
5 |
APS 2 ($38,874 - $41,954) |
— |
— |
— |
— |
— |
— |
— |
APS 1 ($33,430 - $36,946) |
— |
— |
— |
— |
— |
— |
— |
Total |
28 |
35 |
51 |
12 |
52 |
11 |
63 |
4.3.2 Workplace Relations and Employment
Staff members at the Office are employed under s. 22 of the Public Service Act 1999. Staff members are covered by the Office of the Privacy Commissioner Certified Agreement 2006–2009 which was certified by the Australian Industrial Relations Commission in March 2006 and is in operation until March 2009. The Agreement is comprehensive and was certified under s. 70LJ of the Workplace Relations Act 1996. The number of Office employees covered by the Agreement as at 30 June 2007 was 56, including both ongoing and non-ongoing staff.
The current Agreement provides for 14 weeks paid maternity leave, four weeks paid parental leave, and access to extended leave following maternity or parental leave. The Office also supports access to part-time employment up until the child reaches school age. Salary progression within classification levels is subject to performance assessment. Salary ranges are reflected in Table 4.2.
The Office had seven staff covered by Australian Workplace Agreements during the reporting period, including two Senior Executive Service (SES) staff members.
4.3.3 Performance Management and Staff Development
The Office’s Performance Management Scheme provides a framework to manage and develop staff to achieve corporate objectives. The Scheme provides regular and formal assessment of an employee’s work performance and allows for access to training and skill development.
The Office’s Certified Agreement recognises the need to provide adequate training for staff to support workplace changes. This is especially relevant with changes in the information technology area where staff are provided with relevant and ongoing training. Training in investigation and conciliation was a priority for the year and staff in the Compliance area attended training sessions.
Training is identified through an individual’s training and development plan in conjunction with the Performance Management Scheme. Training encompasses a range of development activities including professional development courses, on-the-job training and the opportunity to represent the organisation at seminars and other forums.
As part of the Office’s staff development strategy, staff members are provided with support under a Studies Assistance policy. The policy provides for access to study leave where study is relevant to the work of the Office, an individual’s work responsibilities and where it assists with career development.
4.3.4 Workplace Diversity and Equal Employment Opportunity
The Office recognises that diversity in staff is one of its greatest assets and is committed to valuing and promoting the principles of workplace diversity through work practices. The Office participates in a joint Workplace Diversity Committee with the Human Rights and Equal Opportunity Commission. Throughout the year the Office promoted and supported events including International Women’s Day, NAIDOC Week and Harmony Day. Other strategies under the plan focus on family friendly workplace policies. Five ongoing staff had part-time arrangements in place. The Committee continues to work towards achieving results in the Workplace Diversity Plan.
The Office’s Reconciliation Action Plan (see section 4.3.5) was developed during the year and the strategies developed will link in with the Office’s Workplace Diversity Plan.
4.3.5 Reconciliation Action Plan
During the reporting period the Office developed a Reconciliation Action Plan. The Reconciliation Action Plan initiative was developed by Reconciliation Australia to help organisations and agencies identify and develop business practices that contribute to the wellbeing and quality of life of Indigenous Australians.
The Office’s draft Plan, which involved staff input from all sections of the Office, identified five Key Reconciliation Result Areas:
- establishing dialogue with Indigenous stakeholders on privacy issues
- improving awareness of privacy rights in the Indigenous community
- developing guidance material for agencies and organisations on protecting and respecting the privacy of Indigenous Australians
- improving and applying cultural awareness and knowledge within the Office
- creating employment and development opportunities.
During National Reconciliation Week (27 May – 3 June 2007), the Office hosted an afternoon tea at which the Privacy Commissioner presented the Office’s draft Plan to staff. At the event, the Director of the Social Justice Unit at the Human Rights and Equal Opportunity Commission also spoke to staff about reconciliation.
In 2006–07, the Office began consulting with Reconciliation Australia on the draft version of the Plan. In 2007–08, the Office will finalise the Plan and make it available on the Office’s website.
4.3.6 Occupational Health and Safety
The Office and the Human Rights and Equal Opportunity Commission are co-located and cooperate over Occupational Health and Safety (OH&S) issues. The Office’s Health and Safety representative is a member of the joint agencies’ OH&S Committee (the Committee). This Committee also includes corporate support staff and meetings are held regularly throughout the year.
It is the policy of the Office to promote and maintain the highest degree of health, safety and wellbeing of all staff. The Office monitors health and safety though the Committee. Minutes of the Committee are placed on the Office’s intranet and any issues that require action are brought to the attention of management.
Personnel staff have been trained as case managers and regularly attend Comcare forums and training as required.
Ongoing assistance and support on OH&S and ergonomic issues is provided to new and existing staff. Assessments are completed as required for staff who identify particular ergonomic issues. A software program called ‘WorkPace’ assists staff in taking regular pause breaks through the day. The Office also offers support to staff through the promotion of health programs such as flu vaccinations. The Office provides a Healthy Lifestyle Allowance under the Certified Agreement to promote health and fitness as a means of achieving work/life balance and improving the health and wellbeing of our employees.
The Office continues to provide staff with access to counselling services through its Employee Assistance Program. This is a free and confidential service for staff and their families to provide counselling on personal and work related problems if required. No systemic issues have been identified through this service.
A hazards survey is conducted annually and the Committee monitors any OH&S issues that arise. There have been no dangerous accidents or occurrences reported over the last year.
Work has begun on the development of new Health and Safety Management Administrative plans (HSMAs) as a result of changes to the Safety Rehabilitation Compensation and Other Legislation Amendment Act 2007 which came into effect on 13 April 2007.
4.3.7 Commonwealth Disability Strategy
All Australian Government agencies are required to report annually against the Commonwealth Disability Strategy (CDS) performance framework. The Office’s report against the CDS is at Appendix 4. Full details on the CDS can be found on the Department of Family and Community Services website at www.facsia.gov.au/disability/cds/index.htm. Through the CDS the Government seeks to ensure its policies, programs and services are as accessible to people with disabilities as they are to all other Australians.
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