The Office has a Memorandum of Understanding with the Human Rights and Equal Opportunity Commission (HREOC) that establishes an agreed level of corporate support. This includes payroll, recruitment services and general personnel support, financial, legal and support services, and information technology support. The Office also sub-lets premises from HREOC.
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.
The Office continues a Memorandum of Understanding (MOU) with the ACT Government. The MOU has been in place since 1 July 2000 and the current MOU will expire on 30 June 2008. Under the MOU, 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 2005-06, 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 1.3.
The Office had a Memorandum of Understanding (MOU), beginning in 2003-04, with the Australian Government Department of Health and Ageing (DoHA). This MOU concluded on 30 June 2005, at which time DoHA agreed to a six month extension to 31 December 2005.
Under this six month MOU, DoHA provided the Office with resources ($100 000) to advise on privacy related issues, including HealthConnect. This MOU also allowed other agencies within the portfolio to seek advice from the Office. Agencies expressly mentioned in the MOU include the Health Insurance Commission and the Australian Council for Safety and Quality in Health Care, though other portfolio agencies have sought and received advice on privacy matters.
DoHA advised the Office on 25 November 2005 that it would not be continuing with this MOU.
The Office continued to undertake its responsibilities under the Data-matching Act throughout 2005-06. The Office received an annual funding of $372 976 from Centrelink to support the costs of monitoring the conduct of the data-matching program. Further data-matching information can be found at section 3.10.
The Office received funding from the Department of Human Service (DHS) on two occasions in 2005-06. The first agreement provided resources ($11 666) to enable the Office to participate in the Australian Government's Interdepartmental Committee charged with considering the use of smart technologies for service delivery.
A second agreement provided the Office with resources ($35 000) to provide privacy policy advice to DHS during the development of a business case for a health and social services smart card. The agreement was for the period 22 November 2005 to 28 February 2006.
The Office has a Memorandum of Understanding (MOU) with Medicare Australia. Under this MOU, 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.
In December 2005, the Office entered into a Memorandum of Understanding (MOU) with the Office of the NSW Privacy Commissioner (Privacy NSW) 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.
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 2005-06 that resulted in a transfer of provider from a Commonwealth supplier of goods or services to a non-government body.
Consistent with the 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.
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.
The Office uses consultancy services where there is a need to access skills and expertise not available within the human resources of the agency. In 2005-06 the Office did not engage any reportable consultancy services.
Please note that in section 6.2.3 of the 2003-04 Annual Report, consultancy service costs were incorrectly reported as $57 750. The correct figure should have been $63 525.
No market research was undertaken by the Office during 2005-06.
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. Waste 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.
The Office's average staffing level for 2005-06 was 41 staff with a turnover of approximately 8% for ongoing staff. An overview of the Office's staffing profile as at 30 June 2006 is summarised in Table 4.1.
| Classification | Male | Female | Full Time | Part Time | Total Ongoing | Total Non-ongoing |
|---|---|---|---|---|---|---|
| Statutory Office Holder | - | 1 | 1 | - | - | 1 |
| SES Band 1 | 1 | - | 1 | - | 1 | - |
| EL 2 ($81,860-$94,278) | 1 | 1 | 2 | - | 2 | - |
| EL 1 ($70,976-$77,834) | 3 | 4 | 7 | - | 7 | - |
| APS 6 ($56,742-$63,598) | 7 | 9 | 15 | 1 | 14 | 2 |
| APS 5 ($51,260-$55,365) | 3 | 4 | 6 | 1 | 5 | 2 |
| APS 4 ($45,958-$49,901) | 7 | 3 | 6 | 4 | 4 | 6 |
| APS 3 ($41,236-$44,506) | 1 | 2 | 2 | 1 | 3 | - |
| APS 2 ($37,200-$40,147) | - | - | - | - | - | - |
| APS 1 ($31,990-$35,355) | - | - | - | - | - | - |
| Total | 23 | 24 | 40 | 7 | 36 | 11 |
Staff in the Office are employed under s. 22 of the Public Service Act 1999. Staff 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 2006 was 43, including both ongoing and non-ongoing staff.
Productivity savings funded a 13.5% salary increase to staff, delivered in three instalments over the life of the Agreement. The Agreement maintains core employment conditions and supports family friendly policies. The Agreement enhanced paid parental leave, access to extended leave following maternity or parental leave and access to part-time employment until children reach school age. The Agreement also introduced a Healthy Lifestyle Allowance to encourage staff to undertake healthy activities. New allowances were introduced for staff undertaking roles such as fire warden or health and safety representative. Employer superannuation contributions were made consistent for all new staff regardless of the fund they choose to join. Salary progression within classification levels continues to be subject to performance assessment. Salary ranges are reflected in Table 4.1.
The Office has three staff covered by Australian Workplace Agreements, including one Senior Executive Service (SES) staff member.
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. During the year, the Australian Public Service Commission provided training on the scheme to new staff and supervisors.
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 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 fora.
As part of the Office's staff development strategy, staff 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.
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 which were enhanced in the recent Certified Agreement. The Committee continues to work towards achieving results in the Diversity Plan.
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. 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 OH&S Committee. Minutes of the OH&S Committee are placed on the Office's intranet and any issues that require action are brought to the attention of management.
A risk assessment undertaken during the reporting period did not identify any major risks to health and safety, only minor issues of workstation setup for some staff. New ergonomic chairs were supplied to all staff during the year. Several staff had a workstation assessment by a qualified physiotherapist.
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 QUIT smoking programs and flu vaccinations. There have been no dangerous accidents or occurrences reported over the last year.
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.
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 laid out at Appendix 4. Full details on the CDS can be found on the Department of Family and Community Services website at www.facs.gov.au/disability/cds. 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.