OPP Annual Report 2006-07

Office of Public Prosecutions

OPP – making a difference.

DIRECTOR OF PUBLIC PROSECUTIONS OFFICE OF PUBLIC PROSECUTIONS COMMITTEE FOR PUBLIC PROSECUTIONS ANNUAL REPORT 2006/07 Office of Public Prosecutions 565 Lonsdale Street Melbourne VIC 3000 Phone No: (03) 9603 7666 Fax No: (03) 9603 7430 www.opp.vic.gov.au

Annual Report 2006/07 The 2006/07 Annual Report presents a summary of the performance of the Director of Public Prosecutions, the Office of Public Prosecutions and the Committee for Public Prosecutions over the 2006/07 financial year.

Full financial statements for the Office of Public Prosecutions are provided in this report.

Additional information about the Office of Public Prosecutions can be viewed at: www.opp.vic.gov.au Production details Development Office of Public Prosecutions 565 Lonsdale Street Melbourne Victoria 3000 Writing and editorial services Jacqueline Flitcroft Curtis Greenwood Design and production X2 Design

Contents Message from the Director of Public Prosecutions

4

Message from the Solicitor for Public Prosecutions

5

Highlights: making a difference in 2006/07

6

ABOUT THE OPP

9

What we do

10

Who we are

16

OUR PERFORMANCE

21

Our prosecutions performance in 2006/07

22

Delivering a high quality and effective prosecution service

24

Pioneering innovative approaches to prosecutions

34

Reducing delays in the criminal justice system

38

Providing better support for victims and witnesses

41

Influencing policy and law reform

45

Strengthening corporate governance and capability

48

Building a high performing workplace and becoming an employer of choice

52

OUR FUTURE CHALLENGES

55

Looking ahead

56

FINANCIAL REPORT*

59

APPENDICES*

81

*These sections are available on CDROM in some versions of this report

OPP ANNUAL REPORT 2006/07 PAGE 3

Introduction

Message from the Director of Public Prosecutions Working in public prosecutions in Victoria continues to be a challenging, exciting and rewarding experience.

Over the past year, the dedicated and professional people who work with the Director of Public Prosecutions (DPP) and within the Office of Public Prosecutions (OPP) have worked harder than ever to ensure that Victoria’s criminal justice system operates fairly and efficiently – serving the interests of those involved in matters before our courts, as well as delivering substantial benefits to the wider Victorian community.

The challenges facing prosecutors in the 21st century are significant and complex.

These challenges include exploring new ways to reduce delays across the criminal justice system, handling increasingly complex cases, providing much better support to victims and witnesses, moving into new areas of legal practice and managing the increasing use of technology in the preparation and conduct of cases. Throughout 2006/07, I have worked together with the Solicitor for Public Prosecutions and the Chief Crown Prosecutor to ensure that we have the capability to meet these challenges and continue to deliver a high quality prosecution service.

During the year, we made some highly significant and potentially far-reaching changes in our approach to prosecutions. We established a new Specialist Sex Offences Unit within the OPP to ensure the more effective and sensitive prosecution of sex offences. The unit represents an entirely new way of conducting prosecutions in Victoria, bringing together specialist crown prosecutors, solicitors and support staff in one central location. This team approach aims to build expertise in the area of sex offences, deliver consistency in the way these offences are prosecuted and ensure that victims of sexual

assault are treated more sensitively within the criminal justice system. It is a very important initiative and one that will make Victoria a national leader in the prosecution of sex offences.

Over the year, we also renewed and strengthened our support for victims of crime. This is an area of growing significance for prosecution services around the world – and Victoria is no exception. We are strongly committed to implementing the Victims’ Charter introduced by the Victorian Government in 2006 and have taken action to ensure that our procedures and practices fully consider the needs and concerns of victims and witnesses of crime as they go through the court process.

We also continue to listen to the concerns and expectations of the Victorian community in relation to the adequacy of sentences for serious offences. In 2006/07, I again reviewed every sentence in cases run by the OPP on my behalf and made a record number of appeals against sentence. Of the appeals heard by the Court of Appeal, more than half were allowed, resulting in longer sentences being imposed for a range of offences including armed robbery, serious assaults, sex offences and culpable driving.

During 2006/07, we recorded significant achievements in prosecuting major cases involving police corruption and organised crime.Two Crown Prosecutors and three OPP solicitors received Citizen Commendations from the Chief Commissioner of Police for their outstanding work in assisting the Purana Task Force investigating gangland activity, while the Office of Police Integrity has commended OPP staff for their work with the Ceja Task Force investigating police corruption.

area of Confiscations – where we also recorded significant successes in 2006/07 in confiscating property and assets obtained through crime.

Despite these growing pressures, our Crown Prosecutors have continued to demonstrate tremendous productivity, managing higher workloads and more complex cases efficiently and professionally.

Throughout 2006/07, we have continued to work with the Attorney-General and the Department of Justice to implement the Victorian Government’s Justice Statement.

In particular, we are taking action to reduce delays within the criminal justice system, backed by additional resources provided by the government. We are examining and reforming our internal practices to assist in the more streamlined management of cases and we are working with Victoria Police, the courts and other stakeholders to resolve cases earlier. We recognise the value and fairness in resolving cases quickly and appropriately and will continue to show leadership in this area over the coming year.

I thank the staff of the OPP and the Crown Prosecutors for another year of outstanding service.Their dedication, integrity and commitment are remarkable. I am sure that they will rise to meet the challenges ahead and continue to provide the highest standard of service to myself as Director of Public Prosecutions, to the Victorian courts and to the advancement of a strong and fair justice system.

PAUL COGHLAN QC Director of Public Prosecutions

These major, resource-intensive investigations have placed additional demands on our services, as has our growing practice in the relatively new

Note:This message comprises the 2006/07 Annual Report of the Director of Public Prosecutions in accordance with section 12 of the Public Prosecutions Act 1994

PAGE 4

Introduction

Message from the Solicitor for Public Prosecutions At the Office of Public Prosecutions, we are very conscious of our obligations to victims of crime and the Victorian community. We believe strongly that our work is making a difference and that we are delivering substantial and important benefits to the Victorian community.

The Office of Public Prosecutions has responsibility for providing an independent, timely and effective prosecutions service to the Director of Public Prosecutions on behalf of the Victorian community. In meeting that responsibility, the OPP endeavours to improve the fair and efficient operation of Victoria’s criminal justice system, ensure that victims of crime are treated with respect and dignity, and deliver a high quality prosecutions service in which Victorians have trust and confidence.

In 2006/07, we continued to be in the forefront of efforts to reduce delays across the criminal justice system. We improved our support and assistance to victims and witnesses of crime. We introduced an innovative specialist approach to prosecuting sex offences. We supported the DPP in making a record number of appeals against sentence to the Court of Appeal. We also managed an increasing workload, including a growing number of appeals to the County Court, while securing one of the highest rates of guilty pleas and convictions over eight years.

As the demands on prosecutors grow, the OPP must ensure that we have the capability to meet those demands, while continuing to satisfy community expectations. During 2006/07, we began making the changes necessary to take the OPP into the future as a dynamic, high performing and modern legal practice capable of delivering a 21st century prosecution service.

We completed a major organisational review – the first time in 20 years that Victoria’s prosecutions service has conducted its own review. A Blueprint for Effective, Efficient and Economical Prosecutions recommended significant reforms to the OPP’s legal and administrative functions, management practices and office systems. We have commenced many of these reforms and will continue to implement the review’s recommendations over the next 12 months.

By changing the way we operate, we plan to increase our productivity and efficiency, make the best use of the strengths and skills of our staff, and further improve the value of our contribution to the criminal justice system in Victoria.

We also commenced reviewing and renewing our internal practices and procedures to streamline our management of cases and ensure continuity in the handling of cases by our solicitors. We began a full review of our briefing practices to ensure that we adopt a best practice approach in our engagement with the Victorian Bar. We have also reviewed and restructured key functions within the office, developed strategies for using our resources more efficiently and commenced a major upgrade of our corporate governance and risk management frameworks.

Working with the Department of Justice, we developed the OPP’s first independent Budget submission to the Victorian Government, resulting in a substantial increase in funding that will enable us to proceed with important initiatives aimed at reducing delays in the justice system through the early resolution of matters before the courts.

work we do is often difficult, stressful and demanding and our staff deserve the best working environment that we can provide, with opportunities for part-time work, for achieving a healthier work-life balance and for pursuing interesting and rewarding careers within prosecutions.

The changes we are making will bring new challenges and difficulties – but they are also exciting. I have every confidence that these changes will not only improve our services, but also enhance the skills, reputation and career prospects of our staff. They will also give the OPP an opportunity to become one of the most advanced and innovative public prosecution services in the world.

On behalf of the staff of the OPP, I thank Victoria Police, the courts, the Department of Justice and other agencies who work with us on a daily basis within the criminal justice system. I also thank Paul Coghlan QC and Jeremy Rapke QC for their leadership in maintaining the highest of standards in Victoria’s prosecutions service. Most importantly, I thank the staff of the OPP. Every day, I am reminded that it is a great privilege to work with such committed people – and the achievements of the DPP and the OPP in 2006/07 reflect their hard work, enthusiasm and dedication.

ANGELA CANNON Solicitor for Public Prosecutions

We also continued to take action to improve the work practices, employment conditions and physical workplaces of our staff. I am very determined that the OPP be widely recognised as an ‘employer of choice’ within the public sector and the legal profession. The

OPP ANNUAL REPORT 2006/07 PAGE 5

Highlights

Highlights 2006/07 The OPP worked harder than ever to ensure that Victoria’s criminal justice system operates fairly and efficiently.

OPP – making a difference.

PAGE 6

Highlights

The DPP made a record 41 appeals against sentence to the Court of Appeal. Of the 38 appeals heard by the court, more than half were allowed.

The number of guilty pleas pre-trial as a percentage of case disposals increased by nearly 15 per cent over the last 12 months.

Due to the increase in guilty pleas pre-trial, the number of trials decreased by 11.5 per cent in the County Court (Melbourne), 2.4 per cent in the Supreme Court (Melbourne) and 14.4 per cent in the Circuit Courts compared to 2005/06.

The OPP handled more than 2,200 County Court appeals – the highest in more than eight years – including a 17 per cent increase in County Court appeals completed in Melbourne over the last 12 months.

The OPP successfully concluded the prosecution of several high profile cases arising from the Purana Task Force investigation into organised crime and the Ceja Task Force investigation into police corruption.

Support for 1091 victims of serious crime was provided through the OPP’s Witness Assistance Service.

The OPP secured significant additional resources for 2007/08 for initiatives to reduce delays in the criminal justice system.

The OPP undertook a major organisational review and commenced major changes to improve and modernise its prosecution service.

The number of findings of guilt as a percentage of the OPP’s overall case disposals was the highest in over eight years, increasing by nearly 7 per cent in the last 12 months.

Briefs prepared and hearings attended by the OPP reached 69,183 – the highest in more than eight years.

A new Specialist Sex Offences Unit was established to provide a specialised, best-practice and proactive approach to prosecuting sex offences and supporting the victims of sexual assault.

The Audio-visual unit prepared 1,780 pieces of evidence for court in 2006/07, an increase of over 5% from 2005/06.

Contested committals decreased for the first time in seven years.

OPP ANNUAL REPORT 2006/07 PAGE 7

Introduction

PROFILE

PAUL COGHLAN QC DIRECTOR OF PUBLIC PROSECUTIONS OCTOBER 2001 TO AUGUST 2007

Paul Coghlan QC was appointed Victoria’s Director of Public Prosecutions in October 2001.

During his time as DPP, Mr Coghlan made a practice of reviewing every Supreme Court and County Court sentence and personally prosecuting several high profile cases in the High Court and the Court of Appeal. Appeals by the DPP against sentence steadily increased during Mr Coghlan’s term, culminating in a record number of appeals in 2006/07.

Mr Coghlan also presided over significant changes in Victoria’s public prosecutions service, including the creation of specialist prosecution units within the Office of Public Prosecutions to deal with organised crime, police corruption and sex offences. He influenced and was directly engaged in legislative and administrative changes to court processes that have reduced delays within the justice system and resulted in the early resolution of a higher number of cases.

Mr Coghlan also took a strong and compassionate interest in the rights of victims of crime and their families, from both a policy perspective (being actively engaged in sexual assault reforms) and a practical perspective (meeting routinely with victims to explain case outcomes and decisions that affected them).

Over his six years as DPP, Mr Coghlan was highly supportive of the work undertaken by the OPP and committed to ensuring that the OPP is seen and respected as a fair and independent prosecutions service by the Victorian community. He was determined to build a work environment at the OPP where promotion is based on experience, talent and merit; where working conditions are conducive to a productive and rewarding professional environment; and where staff have opportunities to achieve a better work-life balance.

Mr Coghlan has practiced law for 38 years. He was admitted to practice in 1969 and became a barrister in 1978. In 1990, he was appointed Associate Director of the Commonwealth DPP. He became a Senior Crown Prosecutor in 1994 and Victoria’s Chief Crown Prosecutor in 1995. Alongside his responsibilities as DPP, Mr Coghlan has maintained a close involvement in training young advocates. In particular, he has been a leading participant in the Victorian Bar’s Advocacy Training Courses in the South Pacific, instructing in advocacy skills workshops in Papua New Guinea, Vanuatu and Fiji.

Mr Coghlan’s ‘open door’ policy, his interest in assisting junior members of the legal profession and his willingness to share his extensive knowledge of the criminal law have been valued and much appreciated by the staff of the OPP. In August 2007, Mr Coghlan was appointed to the Supreme Court of Victoria. His leadership, commitment, experience and knowledge will be sorely missed by all who work within the OPP

PAGE 8

About the OPP We serve the Victorian community and are responsive to their needs and expectations. We support the rights of victims of crime.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 9

About the OPP

What we do

The Director of Public Prosecutions, the Solicitor for Public Prosecutions and the Office of Public Prosecutions work closely together to prosecute people charged with serious crimes in Victoria.

THE DIRECTOR OF PUBLIC PROSECUTIONS The Director of Public Prosecutions conducts proceedings on behalf of the State of Victoria (also known as the Crown) in the County Court, Supreme Court and High Court in relation to serious crimes committed in Victoria.

The DPP also conducts committal proceedings in the Magistrates’ Court and assists the Coroner in inquests. In addition, the DPP has the power to appeal against sentences in certain circumstances.

In deciding whether or not to prosecute, the DPP follows nationally agreed guidelines. In performing his functions, the DPP must also have regard to considerations of justice and fairness and the need to conduct prosecutions in an effective, economic and efficient manner.

The DPP must also ensure that appropriate consideration is given to the concerns of the victims of crime.

The DPP is an independent statutory officer appointed by the Governor in Council and must be a person of no less than eight years standing as a Barrister and Solicitor of the Supreme Court of Victoria.

THE OFFICE OF PUBLIC PROSECUTIONS (OPP)

County Court and the Supreme Court.They also represent the Crown in the High Court and The Office of Public Prosecutions works for the the Court of Appeal. In addition, they provide advice on prosecuting cases to the Director of DPP. Essentially, the OPP is a solicitor’s office with the DPP as its sole client.The OPP prepares Public Prosecutions and the Solicitor for Public cases for the DPP involving people charged with Prosecutions, and make decisions about whether an accused person should be indicted for trial. serious crimes and then presents these cases in court using ‘in-house’ Crown Prosecutors or by Crown Prosecutors act on behalf of the briefing barristers from the Victorian Bar. Director of Public Prosecutions and are The head of the OPP is the Solicitor for Public Prosecutions (who is also appointed by the Governor in Council).The OPP is an independent statutory authority comprising the Solicitor for Public Prosecutions and a staff of solicitors, legal executives and legal support and administrative staff.The OPP administers the budget for both the OPP and DPP. In delivering its prosecution service, the OPP works collaboratively with other organisations that form part of the criminal justice system, including Victoria Police,Victoria Legal Aid, the courts, victim assistance groups, Corrections Victoria and solicitors and barristers.

As well as preparing and prosecuting cases, the OPP provides advice to the police and other agencies on prosecuting cases, negotiates the early resolution of cases, keeps all cases under continuous review and provides support to victims and prosecution witnesses.

CROWN PROSECUTORS Victoria’s Crown Prosecutors are barristers who work alongside the Office of Public Prosecutions. Crown Prosecutors are statutory appointees who represent the State of Victoria in criminal cases.They present the case against an accused person in the Magistrates’ Court,

answerable to the DPP for the performance of their duties.

MATTERS PROSECUTED BY THE DPP AND THE OPP Matters prosecuted by the DPP and the OPP involve serious crimes or matters that are of significance to the fair and effective operation of the Victorian criminal justice system. In particular, the DPP prosecutes: • All homicides • Corruption cases involving police or lawyers • Major sex offence cases • Major occupational health and safety matters involving death or serious injury • Court of Appeal cases.

The OPP supports the prosecution of serious offences by a range of other agencies, including WorkCover, VicRoads, Consumer Affairs Victoria, the Environment Protection Authority and various state government departments.

THE OPP’S MISSION IS: • To conduct a high quality, effective and efficient prosecution service as an integral part of Victoria’s criminal justice system • To ensure that our service meets community expectations of fairness, impartiality and independence in applying the law • To inspire public trust and confidence in Victoria’s public prosecution service and in the criminal justice system

PAGE 10

About the OPP

PROFILE

SALEEM BITTAR AND KERRYN PARNHAM SOLICITORS, GENERAL PROSECUTIONS

Kerryn Parnham and Saleem Bittar completed the OPP’s Articled Clerkship program in 2007 and are now working in the General Prosecutions section of the office.

Kerryn and Saleem speak highly of the OPP’s Articled Clerkship program, agreeing that they would recommend it to any young lawyer with an interest in criminal law. “It’s really a fantastic program,” says Kerryn. “I was exposed to a lot of different experiences within the OPP and I also did a placement with the Victorian Government Solicitor’s office.”

Saleem agrees. “It’s an exciting program,” he says. “We had the opportunity to learn about new areas of the law and were given a lot of responsibility.

We also had a lot of assistance, support and direction.”

Kerryn’s admission to practice comes after several years of hard work, juggling her job as a paralegal at the OPP with part-time study and the arrival of her first child. “There have been great benefits for me in working here,” she says. “A previous Solicitor for Public Prosecutions encouraged me to study law and the OPP offered me Articles when I graduated. I had paid maternity leave for my first child and I’m about to go on leave to have another baby. It would be hard to find that level of encouragement, flexibility and support in many other workplaces.”

Having completed his Articles, Saleem is enjoying working on a range of prosecutions, including armed robbery, assaults, and firearm and drug offences. “I like that no two cases are ever the same,” he says. “I like the fact that I have to analyse the evidence and that I have responsibility for my own cases, which is a lot more responsibility than many other first year lawyers are given. It’s also very satisfying in that I feel as if I am doing valuable work.”

“I like that no two cases are ever the same. I like the fact that I have to analyse the evidence and that I have responsibility for my own cases.”

Kerryn is also enjoying running her own cases in General Prosecutions.“I love the nature of the work,” she says.“The cases are always interesting and the people I work with are great.” Kerryn intends to return to the OPP next year when her second child is around one year old.“A work-life balance can be achieved here,” she says, ”and that’s very important for me.”

Saleem Bittar Solicitor, General Prosecutions

Saleem Bittar – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 11

About the OPP

SUMMARY OF THE PROSECUTION AND COURT PROCESS Investigation stage

Crime Reported Investigation by police

Charges are not filed

Police charge the alleged offender • Offender held in custody (remand) or released on bail or summonsed to appear in court

Summary (less serious) offences prosecuted by police

Indictable (serious) offences forwarded to OPP for prosecution Pre-trial stage (Magistrates’ Court)

Filing hearing and committal mention • May include bail application

Straight hand up brief (bypass committal hearing)

Contested committal • Witness may be required to give evidence

Discharged

Committed to stand trial

DPP will review and may take to trial

Plea not guilty Reserved plea

Plea guilty

Trial stage (County or Supreme Court)

Possible trial

End of case

Pre-trial hearing • Case management conference • Directions hearings • Possible bail applications Trial • Witnesses are required to give evidence

Guilty

Not guilty

Hung jury

Possible retrial

End of case

Plea stage (County or Supreme Court)

Sentence stage (County or Supreme Court)

Appeal stage (Court of Appeal or High Court)

Plea hearing • Victim Impact Statement • Plea guilty • Compensation Sentencing hearing • Post sentence consider Victims Register

Appeals against conviction and/or sentence • Possible bail application

Sentence appeal dismissed

PAGE 12

Sentence appeal allowed and offender is resentenced

End of case

Conviction appeal dismissed

Conviction appeal allowed

End of case

Possible retrial

About the OPP

THE OPP THEN AND NOW: A SNAPSHOT OF CHANGE In 1983, Victoria became the first jurisdiction in Australia to establish a Director of Public Prosecutions, following the enactment of the Director of Public Prosecutions Act 1982 by the Cain Government.

Victoria’s first DPP, John Harber Phillips QC (later Chief Justice of Victoria), took up his appointment in February 1983. He was followed over the next 24 years by John Coldrey QC, Bernard Bongiorno QC, Geoff Flatman QC and Paul Coghlan QC. Prior to the creation of the position of DPP, prosecutions for indictable offences in Victoria were handled by the Crown Solicitor’s Office. Generally, prosecution services were part of the framework of government and were seen by many to be undertaking the work of government.

Prosecutorial discretion was based primarily on whether there was sufficient evidence to justify the trial or to raise a strong or probable presumption of guilt, with no consideration given to the concept of public interest or to the resource implications of prosecution decisions.

It is widely accepted that the move to establish an independent prosecuting service was one of the most significant improvements made to Victoria’s – and Australia’s – criminal justice system.

Victoria’s first DPP inherited a staff of five legal officers from the Crown Solicitor’s Office, rapidly expanding to 45 legal officers by late 1983. The early structure of the DPP’s office included sections dealing with County Court and Supreme Court appeals, a Commercial Crime Group and a Circuit section. The budget for the office’s first year of operation was a little over $5.5 million – compared with today’s annual budget of around $38 million.

By its second year of operation, the office was handling around 6,000 cases prepared and hearings attended – compared with more than 69,000 in 2006/07. While it is difficult to accurately compare current workloads with those of more than two decades ago, it is clear that the OPP’s caseload has expanded dramatically since its early years of operation.

Major changes were made to the statutory basis of the DPP in 1994, including the creation of a Solicitor for Public Prosecutions to head up a re-named Office of Public Prosecutions, the sharing of decision-making by the DPP with a Director’s Committee and the forming of a Committee for Public Prosecutions. The ability to bring contempt of court proceedings was limited to the Attorney-General.

In 1999, the current Victorian Government transferred provisions relating to the appointment and conditions of service of the DPP to the Constitution Act 1975 where they may only be repealed or amended by a bill passed by a majority of members in both houses of Parliament.

The Government also reinstated the power of the DPP to bring contempt proceedings.

While there have been significant changes to the powers and operations of the DPP since 1983, it is widely accepted that the move to establish an independent prosecuting service was one of the most significant improvements made to Victoria’s – and Australia’s – criminal justice system. In 1984, then Attorney General, Jim Kennan MLC, observed that “just as the impartiality and independence of the judiciary is the cornerstone of a free community, impartiality and independence of important prosecutorial decisions are also essential to a sound system of justice”. This principle remains important and relevant in maintaining the Victorian community’s trust in the fairness and integrity of a prosecution system that is free from political influence.

OPP ANNUAL REPORT 2006/07 PAGE 13

About the OPP

VICTORIA’S CROWN PROSECUTORS

Victoria’s Crown Prosecutors are among the busiest in Australia and enjoy a national reputation for excellence and professionalism. Indeed, they are occasionally retained by DPPs in other States to appear in interstate prosecutions. The Chief Crown Prosecutor is Jeremy Rapke QC. In 2006/07 the Prosecutors’ Chambers reached an historic high of 20 prosecutors, reflecting growing demand for the services of prosecutors, a higher number of cases and increasingly complex cases.

During the year, the Crown Prosecutors undertook a significant reorganisation of their operations – moving away from a structure where prosecutors are expected to have an understanding of all facets of the criminal law towards a more specialised approach, where prosecutors take on cases based on their expertise and experience in particular areas of the law. These changes are reflected in the creation of a Major Appeals Unit (to improve the continuity and efficiency of services to the High Court and the Court of Appeal) and the appointment of a Senior Crown Prosecutor as head of the OPP’s new Specialist Sex Offences Unit (to improve the prosecution of sex offences).

In 2006/07, Victoria’s Crown Prosecutors concluded a number of major organised crime and police corruption trials – matters that were difficult, lengthy and highly resource-intensive. Two Crown Prosecutors received Citizen Commendations from the Chief Commissioner of Police for exemplary service to the community for their work with the Purana Task Force investigating Melbourne’s gangland war. Similar awards have been received in the past by Crown Prosecutors after notable efforts in prosecuting major criminal cases.

Crown Prosecutors have continued to increase the use of technology in trials. The increasing use of courtroom technologies raises new challenges and dilemmas for prosecutors, and Victoria’s leadership in this area is helping to meet these challenges and promote the advantages of technology to improve the information available to the courts and make more effective presentations to juries.

Prosecutors also remain highly committed to professional development and Continuing Legal Education, voluntarily complying with the CLE requirements of the Victorian Bar. Throughout the year, prosecutors attended CLE lectures and gave lectures on a wide range of matters to the OPP and a number of external agencies.

Looking ahead, a major challenge for Victoria’s Crown Prosecutors continues to be working with the Victorian Government and the courts to reduce delays in the justice system, including becoming more proactive in resolving cases speedily and appropriately, improving work practices within Chambers and streamlining the management of cases. Other challenges will emerge as prosecutors deal with the impacts of the Victims’ Charter and the Charter for Human Rights and Responsibilities.

In 2008, Melbourne will host the annual conference of the Australian Association of Crown Prosecutors, giving Victoria’s Crown Prosecutors the opportunity to showcase their achievements and to explore issues and share experiences with prosecutors from around Australia and the Pacific Rim.

“These are very demanding times to be a Crown Prosecutor. But there’s no doubt that our prosecutors are the best in the nation and will continue to deliver a very high standard of service to the courts and to the State of Victoria.”

Jeremy Rapke QC Chief Crown Prosecutor

PAGE 14

About the OPP

CROWN PROSECUTORS PERFORMANCE 199596

199697

199798

199899

19992000

200001

200102

200203

200304

200405

200506

200607

840

977

989

907

898

659

1238

1803

2643

2634

2371

2472

74

79

51

36

20

32

68

170

134

418

636

718

General advice

330

347

379

286

278

215

1238

2461

3451

3137

3648

3390

Total Advice

404

426

430

322

298

247

1306

2631

3585

3555

4284

4108

Presentments Advice re: plea offer

NUMBER OF PRESENTMENTS COMPLETED

PLEA OFFER ADVICE 800

2700 2500

700 600

2100

NUMBER

NUMBER

2300

1900 1700 1500

500 400 300

1300 1100

200

900 100

700 500

0

96

95

19

97

98

19

19

19

99

98

97

96

6 -9 95

6 5 2 1 0 3 7 04 -0 -0 -0 -0 -0 -0 00 305 -2 04 01 00 02 06 00 99 20 20 20 20 20 20 2 9 1 YEAR

19

19

9

6 5 2 1 0 3 7 04 -0 -0 -0 -0 -0 -0 00 305 -2 04 01 00 02 06 00 99 20 20 20 20 20 20 2 9 1 YEAR

9

6 5 3 7 4 02 01 00 -0 -0 -0 -0 -0 1020 05 04 02 06 03 90 0 00 00 0 0 9 2 2 2 2 2 20 2 19 YEAR

-9

98

19

TOTAL ADVICE

4000

4500

3500

4000

3000

3500 NUMBER

NUMBER

GENERAL ADVICE

8 -9 97

7

-9

96

19

2500 2000

3000 2500 2000

1500

1500

1000

1000

500

500

0

0

6

19

9

9 5-

9

19

9

8

7

9 6-

19

9

9 7-

19

9

9 8-

7 4 06 05 02 01 00 03 -0 -0 5410220 06 03 900 00 00 00 00 0 9 2 2 2 2 2 20 2 19 YEAR

6

-9

95

19

97

6-

9 19

8

-9

97

19

-9

98

19

OPP ANNUAL REPORT 2006/07 PAGE 15

About the OPP

Who we are

OUR PEOPLE At 30 June 2007, around 220 people were employed by the OPP. In addition, 20 Crown Prosecutors were employed as in-house counsel, comprising six Senior Prosecutors and 14 Crown Prosecutors. Five recent law graduates were doing Articles with the OPP as part of the Articled Clerkship Program.

The OPP’s staff work across 20 sections and units.The majority of these sections relate to the OPP’s legal functions and include specialist prosecutions services in the areas of organised crime, corruption, drugs and sex offences.The remaining sections provide legal support (such as registry and listings services and audio visual and library services) and corporate services (such as human resources, financial and facilities management, IT support and staff development and training).

PAUL COGHLAN QC DIRECTOR OF PUBLIC PROSECUTIONS Paul Coghlan QC was appointed Victoria’s Director for Public Prosecutions in 2001. Prior to becoming DPP, Mr Coghlan served as Victoria’s Chief Crown Prosecutor for seven years. Mr Coghlan joined the Victorian Bar in 1978 and was appointed a Queen’s Counsel in 1995.

ANGELA CANNON SOLICITOR FOR PUBLIC PROSECUTIONS Angela Cannon was appointed Solicitor for Public Prosecutions in 2006. Prior to joining the OPP, Ms Cannon worked in the Department of Justice, initially as Senior Criminal Law Officer and later as Director Legal Policy and Court Services. Ms Cannon has a Bachelor of Laws and a Bachelor of Arts. She also has a Masters of Laws and is completing her Masters of Public Administration.

JEREMY RAPKE QC CHIEF CROWN PROSECUTOR Jeremy Rapke QC was appointed Victoria’s Chief Crown Prosecutor in 2005, having been a Senior Crown Prosecutor since 1995. Mr Rapke has practised law for more than 30 years and was appointed a Queen’s Counsel in 1999. He is a member of the Sentencing Advisory Council and is currently a Vice-President of the Australian Association of Crown Prosecutors.

STEPHEN BIRD DEPUTY SOLICITOR FOR PUBLIC PROSECUTIONS (Acting) Stephen Bird joined the OPP in 1996 from private practice and has worked in the General Prosecutions and Committals Advocacy sections. He has been a Program Manager in General Prosecutions since 2004. Mr Bird has a Bachelor of Laws (Hons) and a Bachelor of Commerce.

HEIDI MEEHAN EXECUTIVE MANAGER (Acting) Heidi Meehan joined the OPP in 2006 from the Department of Premier and Cabinet where she was responsible for business planning, reporting and corporate governance. She has worked in State and Commonwealth Government agencies and has significant experience in business development, finance and corporate services. Heidi has a Bachelor in Applied Science, a Post Graduate Diploma in Occupational Health and Safety, a Masters in Business Administration and is completing an Executive Masters in Public Administration.

PAGE 16

About the OPP

OPP ORGANISATIONAL CHART Solicitor for Public Prosecutions Angela Cannon

Deputy Solicitor

Special Projects

Policy Advising & Court of Appeal

Sexual Offences

Committals

Staff Development

Articled Clerks

Executive Manager

Confiscations

Human Resources & Administration

County Court Appeals

Library

Registry

Commercial Crime

General Prosecutions

Audio Visual

Finance

Corruption

Bail & Breaches

Information Technology

Listings & Briefings

Organised Crime

Drugs

Witness Assistance Service

Circuit

OPP ANNUAL REPORT 2006/07 PAGE 17

About the OPP

THE OPP’S LEGAL SECTIONS GENERAL PROSECUTIONS General Prosecutions is the largest section within the OPP, employing around 50 solicitors.The section is responsible for the prosecution of indictable criminal matters in the County and Supreme Courts.The section also prepares matters for prosecution at the committal stage and provides advice on prosecutions to Victoria Police and other external agencies.

ORGANISED CRIME The Organised Crime unit was established in 2003 to prosecute cases arising from Victoria Police’s Purana Task Force investigations into organised crime, or ‘gangland’, activities.

CORRUPTION AND SPECIALIST PROSECUTIONS Established in 2004, the Corruptions and Specialist Prosecutions unit prosecutes matters relating to police officers accused of corruption.The unit supported the Ceja Task Force, which investigated criminal activities by some members of the Victoria Police Drug Squad, and provides advice and support to the Office of Police Integrity and Victoria Police’s Ethical Standards Department.

DRUGS The Drugs section focuses on drug trafficking cases and conducts prosecutions of all major drug trials in Melbourne, including committal hearings in the Magistrates’ Court.The section also provides specialist advice to other sections of the OPP and Victoria Police.

COMMERCIAL CRIME The Commercial Crime group prosecutes the more significant and complex commercial crimes within the OPP, working closely with the Victoria Police Major Fraud Squad.

The group also prosecutes solicitors who have committed offences relating to their conduct as members of the legal profession.

of a crime or purchased with the proceeds of crime.The section also provides advice on confiscation matters to other sections within the OPP, Crown Prosecutors,Victoria Police and victims of crime.

COMMITTALS ADVOCACY The Committals Advocacy section was established to facilitate the early resolution of matters before they get to the County or Supreme Courts.The section prosecutes all indictable matters in the Magistrates’ Court, including committal mentions and committal hearings.

CIRCUIT The Circuit section prosecutes all indictable matters in the Supreme Court and the County Court in major regional centres when these courts go ‘on circuit’ to regional Victoria.

Circuit solicitors also appear in various hearings in the Magistrates’ Court.

BAIL AND BREACHES The Bail and Breaches section responds on behalf of the DPP to applications for bail in the Supreme Court and the Court of Appeal.The section also brings breaches of noncustodial orders – such as suspended sentences, community based orders and home detention – back before the Supreme and County Courts.

COUNTY COURT APPEALS The County Court Appeals section conducts and responds to appeals from sentencing and conviction orders in the Magistrates’ Court.The section also prosecutes appeals on behalf of external agencies, including Corrections Victoria, the Department of Sustainability and Environment, the Department of Infrastructure and WorkSafe Victoria.

SPECIALIST SEX OFFENCES UNIT The Specialist Sex Offences Unit was set up in 2007 to enable the OPP to prosecute sex offences matters in a more consistent, expert and sensitive manner.The unit is responsible for preparing and prosecuting all sex offence matters in Melbourne.

POLICY, ADVISINGS AND COURT OF APPEAL The PACA unit is responsible for preparing and instructing in appeals against conviction and sentence by convicted persons, appeals against sentence by the DPP to the Court of Appeal and appeals to the High Court.The unit also conducts research into – and provides advice on – matters affecting the policy, practices and work of the DPP and the OPP, as well as responding to and participating in law reform activities.

CONFISCATIONS The Confiscations section conducts prosecutions pursuant to the Confiscation Act 1997, which provides a scheme for confiscating assets that have been used in the commission

WITNESS ASSISTANCE SERVICE The Witness Assistance Service (WAS) provides information and support to victims and witnesses of crime in cases handled by the OPP.

PAGE 18

About the OPP

PROFILE

JOHN MCARDLE QC SENIOR CROWN PROSECUTOR

John McArdle QC is one of Victoria’s and Australia’s most experienced Crown Prosecutors, joining Prosecutors’ Chambers in 1994 after more than 20 years at the Victorian Bar. John became a Senior Crown Prosecutor in 1995 and was appointed a Queen’s Counsel in 1998.

John leads a specialist team of Crown Prosecutors with responsibility for conducting major appeals to the Court of Appeal. “The nature of these appeals is that we have to file outlines of arguments well before the actual appeal date,” says John. ”What we’re aiming to achieve with this specialised approach is to improve the prospect of the person who prepares the appeal being the one who ends up conducting the appeal in court. That continuity makes for a better, more efficient prosecutions service.”

John notes that conducting these appeals is “highly technical and immensely labour intensive”, requiring a great deal of paperwork and documentation. “I am most definitely not a monument to the ‘paperless office’,” he laughs, pointing to the stacks of folders, documents and transcripts prepared for just a few of his cases.

Over the years, John has seen some significant changes in the criminal justice system. “There’s now much more legislative intervention in criminal law, which can create complications that are often not foreseen by legislators,” he says. “There are also more people litigating appeals – and the more litigation there is in an area, the more complex that area becomes.”

John also observes that there is now much greater emphasis on victims, something he considers to be a very positive development.

“I always make a point of explaining to the victim how the appellate system works,” he says, “because I often think that if I came into the Court of Appeal as a stranger I would have some difficulty in working out what was going on.

John McArdle – making a difference.

“I always make a point of explaining to the victim how the appellate system works.”

“It’s often difficult for victims to understand that an appeal is not a reconsideration of the matter, that it’s all done on the papers and that there are no witnesses. I try to reassure them that the case is still getting a full and proper hearing and that the judge is still obliged to consider the impact of the crime on the victim, even if it’s not mentioned in argument before the court.”

John McArdle QC Senior Crown Prosecutor

OPP ANNUAL REPORT 2006/07 PAGE 19

About the OPP

PROFILE

MARIA FOROUDI SOLICITOR COUNTY COURT APPEALS

Moving from representing defendants to prosecuting cases means new experiences and challenges for Maria Foroudi, who joined the OPP in 2007 after working as a Duty Solicitor for Victoria Legal Aid. “I’m finding it very interesting to sit on the other side of the table,” says Maria. “It’s a very different role with a very different set of challenges.”

Maria’s work involves preparing cases for appeal from the Magistrates’ Court to the County Court. “Basically, my job is to make sure the barrister prosecuting the case has everything he or she needs,” says Maria.

“That means organising all the documentation, instructing barristers and attending court. It’s a very good grounding in how prosecutions are conducted.”

Maria points out that the variety of work within the office provides an opportunity to learn about different areas of law and different aspects of the legal system. “We deal with lots of different types of cases and different types of law, and we also delve into the policy aspects of cases, into evidentiary requirements and into case law,” she says. She describes the office as a supportive environment that “inspires confidence in asking questions and seeking advice”.

Maria will complete her Masters in Human Rights Law this year and sees her move to the OPP as an important step in broadening her legal experience. “It’s a new challenge and there’s a lot to learn,” she says, “but I think that it will open doors for me further along in my career. Basically, I’m very happy I decided to come here. So far, my experience has been a very positive one.”

Maria Foroudi – making a difference.

It’s a very good grounding in how prosecutions are conducted.”

Maria Foroudi Solicitor County Court Appeals

PAGE 20

About The OPP

Our Performance In 2006/07, the OPP managed a growing workload while securing a high rate of guilty pleas and convictions.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 21

Our Performance

Our performance in 2006/07 80,000

BRIEFS PREPARED AND HEARINGS ATTENDED

70,000

In 2006/07, the number of briefs prepared and hearings attended reached 69,183 – an increase of 41 per cent over the last eight years and 2.3 per cent over the last 12 months.

60,000

BRIEFS

50,000

40,000

30,000

20,000

10,000

0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

2004-05

2005-06

2006-07

YEAR

90

FINDINGS OF GUILT, ACQUITTALS AND OTHER AS A PERCENTAGE OF CASE DISPOSALS

The number of acquittals as a percentage of case disposals decreased from 12.2 per cent in 2005/06 to 11 per cent in 2006/07, a decrease of 9 per cent.

70 60

NUMBER

Findings of guilt (guilty pleas and convictions) as a percentage of case disposals are the highest in eight years – increasing by nearly 7 per cent in the last 12 months, from 82.3 per cent to 88.1 per cent.

80

50 40 30 20 10 0 1999-2000

2000-01

2001-02

2002-03

2003-04 YEAR

FINDINGS OF GUILT AS A PERCENTAGE OF DISPOSALS ACQUITTAL AS A PERCENTAGE OF DISPOSALS OTHER AS A PERCENTAGE OF DISPOSALS

PAGE 22

Our Performance

68

GUILTY PLEAS PRE-TRIAL AS A PERCENTAGE OF CASE DISPOSALS

PERCENTAGE

66

The number of guilty pleas pre-trial as a percentage of case disposals rose from 55.9 per cent to 64.1 per cent in 2006/07, an increase of nearly 15 per cent.This increase is largely due to the increase in guilty pleas pre-trial occurring in the County Court (Melbourne) and suggests that the stronger focus on resolving cases before trial is having an impact.

64

62 60

58 56 54

52

50 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

5000

JUDGE SITTING DAYS IN THE SUPREME AND COUNTY COURTS (MELBOURNE)

4000

While not a direct indicator of performance, judge sitting days provide a good indication for workloads within the OPP. In the Supreme and County Courts in Melbourne, judge sitting days are now the highest in eight years.

NUMBER

3000

2000

1000

0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR SUPREME COURT, COUNTY COURTS

OPP ANNUAL REPORT 2006/07 PAGE 23

Our Performance

Delivering a high quality and effective prosecution service The Office of Public Prosecutions recognises that a high quality, effective prosecution service is essential to bringing offenders to justice, reducing crime and building public confidence in the justice system. In 2006/07, we successfully concluded major organised crime and corruption cases, led a record number of appeals against sentence and secured one of the highest rates of guilty pleas and convictions in recent years. We also completed a major organisational review of the OPP.

‘gangland war’, including Carl Williams who pleaded guilty to three murders and one count of conspiracy to murder. The unit also managed the particular challenges involved in dealing with a number of co-accused who pleaded guilty and/or undertook to give evidence on behalf of the prosecution.

The unit continued to work closely with the Purana Task Force’s investigation into organised crime networks.

CORRUPTION AND SPECIALIST PROSECUTIONS

In 2006/07, the Corruption and Specialist Prosecutions unit received 78 new matters from Victoria Police’s Ethical Standards Department for prosecution. The unit also received 63 new matters from ESD involving requests for advice about whether there was The OPP continues to deliver a high quality prosecution service across Victoria. In 2006/07, sufficient evidence for prosecution. our prosecutions again covered a wide During the year, the unit successfully concluded range of matters and areas of law. Alongside the prosecutions of former Victoria Police Drug high profile organised crime and corruption Squad members investigated by the Ceja Task cases, we prosecuted serious crimes such Force.The unit also commenced prosecution as homicide, sexual and other assaults, drug of a number of charges brought by the Office offences, deaths and injuries in the workplace, of Police Integrity – including charges arising environmental vandalism, serious driving from Operation Air, an investigation into the offences and armed robberies. suspected criminal activities of some members ORGANISATIONAL REVIEW

In 2006/07, the OPP completed a major organisational review: A Blueprint for Effective, Efficient and Economical Prosecutions. The review recommended significant reforms to the OPP’s legal practice to ensure that we have the capability to meet future challenges and deliver a 21st century prosecution service.

We have commenced implementation of the review’s recommendations, with the aim of significantly improving the OPP’s performance as a modern legal practice.

ORGANISED CRIME In 2006/07, the OPP’s Organised Crime unit successfully concluded the prosecution of a number of key figures involved in Melbourne’s

PAGE 24

of the now-disbanded Victoria Police Armed Offenders Squad.

DRUGS The OPP’s Drugs section opened 255 new cases in 2006/07. The section prosecuted a number of serious drug trafficking cases, including those involving drug syndicates, the illicit manufacture of drugs in clandestine laboratories and the cultivation and trafficking in commercial quantities of cannabis.

During the year, the section successfully concluded the prosecution of several offenders arising from Victoria Police’s Operation Mustang, which involved the seizure by police of the largest clandestine ecstasy laboratory in Australia at the time

(2003), operating from factory premises in Campbellfield. At least 12 kilograms of ecstasy had been produced at the laboratory with a potential street value of between $3 million to $4 million.

COMMERCIAL CRIME Over the last 12 months, the Commercial Crime group dealt with more than 100 accused persons. Significant cases included the prosecution of: • individuals identified by Victoria Police’s Operation Harmonics as being involved in a series of major frauds against Victoria University; • several large credit card conspiracies, including one worth in excess of $1 million; • the former managing director of a car stereo company for money laundering to the value of $1.5 million; • a bank manager for obtaining $7 million by false loans; and • a $15 million fraud by a leading financial adviser.

The group also prosecuted 10 solicitors on charges of having deficiencies in their trust accounts and/or obtaining property or financial advantage by deception.

GENERAL PROSECUTIONS The General Prosecutions section continues to prosecute the vast majority of cases handled by the OPP. In 2006/07, major matters prosecuted by the section included murder, manslaughter, culpable driving, serious assaults and armed robberies.

The section continued to prosecute matters involving workplace deaths and injuries on behalf of WorkSafe Victoria. During 2006/07, the OPP successfully prosecuted breaches of the Occupational Health and Safety Act 2004 that resulted in either the death or serious

Our Performance

CASE STUDY GANGLAND LEADER JAILED FOR 35 YEARS injury of employees or other persons at a workplace. The section also reviewed matters referred to the DPP where WorkSafe Victoria decided not to bring a prosecution.

The section assisted the Coroner in a number of inquests and assessed reports from the Coroner to the DPP in matters where the Coroner believed that an indictable offence had been committed in connection with a death.

General Prosecutions solicitors also provided advice on prosecuting to Victoria Police and other external agencies.

The section continued its important role in training junior solicitors – a role that not only benefits the OPP, but also the broader justice system and the practice of criminal law in Victoria.

BAIL AND BREACHES In 2006/07, the OPP’s Bail and Breaches section continued to handle a high volume of cases. An important development during the year was the upgrading of the section’s support position to a qualified solicitor, enabling the section to reduce briefing costs and develop greater consistency in handling breaches of non-custodial orders.

During 2006/07, one of Melbourne’s most notorious gangland leaders was brought to justice thanks to the efforts of the OPP, working closely with Victoria Police’s Purana Task Force.

Carl Williams, a well known member of Melbourne’s underworld and a convicted murderer and drug trafficker was charged with murdering Jason Moran, Mark Mallia and Lewis Moran, all members of rival underworld gangs. He was also charged with conspiracy to murder Mario Condello.The murders occurred at a time of an “almost unprecedented level of very public murders of known or suspected criminals”, according to the Supreme Court judge who sentenced Williams. Often described in the media as ‘Melbourne’s gangland war’, the violence between members of organised crime gangs within the city had been escalating for some years.

A number of Williams’ co-ffenders had made statements implicating him in the killings and he pleaded guilty to the four charges in an attempt to gain a discounted sentence. Passing sentence on Williams in May 2007 in the Supreme Court, Justice King described him as “the counsellor and procurer...the puppet master deciding and controlling whether people lived or died”.

Justice King acknowledged the cost savings to the community in Williams entering guilty pleas and sentenced him to life imprisonment for each of the offences, to be served concurrently, with a minimum of 35 years in jail before becoming eligible for parole. Justice King noted the effect of the murders on the community, stating that the killings “have clearly engendered a level of fear within our community as to the potential harm of innocent persons and, equally, a concern relating to the degree of lawlessness into which Victoria...has been plunged”.

COMMITTALS ADVOCACY The Committals Advocacy section dealt with several new challenges during 2006/07, playing a leading role in developing procedures and practices to reduce delays in committal hearings in the Magistrates’ Court and in implementing the new Sexual Offences Management List in the Magistrates’ Court.

The section also adopted a strong focus on the early resolution of cases.

COUNTY COURT APPEALS COMPLETED The number of County Court appeals is the highest in eight years. While the number of appeals completed in the Circuit Courts has remained relatively stable over the last eight years, appeals completed in Melbourne have increased by 24 per cent since 1999/2000 and 17 per cent in the last 12 months.

COUNTY COURT APPEALS

The section also prosecuted several appeals to the County Court by the DPP against sentences imposed in the Magistrates’ Court.

The section continued its important training role within the OPP as the first placement for Articled Clerks and new solicitors joining the office.

2500 NUMBER

In 2006/07, the number of appeals to the County Court was the highest in more than eight years, with the majority of appeals being instituted by defendants. A major challenge for the OPP’s County Court Appeals section during the year was managing the higher workloads generated by this increase.

2000

1500

1000

5,000

0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

OPP ANNUAL REPORT 2006/07 PAGE 25

Our Performance

CASE STUDY DIVING COMPANY FINED $200,000 AFTER DEATH OF CUSTOMER In 2004, 32 year old Mr R drowned during a scuba diving expedition with a Melbourne diving company in Port Phillip Bay. After entering the water from the company’s boat, Mr R got into difficulties and sank. His body was later recovered from around 12 metres of water.

The company was charged under occupational health and safety legislation with failing to ensure the safety of people other than its own employees. After pleading not guilty in the Magistrates’ Court, the company was committed to stand trial in the County Court.

The County Court heard that the company had failed to follow industry standards and its own safety procedures in dealing with Mr R.The court heard that Mr R was a very inexperienced diver and that the company’s staff had failed to check that he was competent to dive in the location. Mr R was also given equipment that was not in proper condition and he was wearing too many lead weights when he entered the water.

The court was told that the company’s employees were not appropriately instructed and trained, particularly in dealing with inexperienced clients and those whose past experience was in waters where diving conditions are vastly different to those in Port Philip Bay. Evidence was also given that even when it became clear that Mr R was in trouble, none of the staff on the boat went to his aid.

Prior to the trial, the company went into voluntary liquidation and was not represented in court.The company was found guilty and fined $200,000 – an unprecedented fine for this type of breach. In handing down sentence, the County Court judge described the company’s breach of duty to Mr R as “profound” and “absolutely appalling”.The judge also indicated that the case should send a strong warning to recreational diving companies that high safety standards must be maintained.

While recognising that the penalty may never be paid due to the company’s liquidation, WorkSafe Victoria and the OPP believed that it was important to proceed with the prosecution on public interest grounds and on the basis that companies should not be allowed to go into administration as a way to avoid criminal liability.

CASE STUDY ASSAULT ON ELDERLY WOMAN Mr N, aged 16 years, and two others robbed a 92 year old woman of her bag, pushing the victim to the ground and breaking her hip. As a result of the injury, the victim spent time in hospital undergoing a hip replacement operation. Mr N pleaded guilty before the Heidelberg Children’s Court to one count of robbery. He was released without conviction on a bond of $1,000 to be of good behaviour for one year.

The Director of Public Prosecutions appealed against the inadequacy of the sentence passed by the Children’s Court.The County Court allowed the DPP’s appeal, convicted Mr N and fined him $500.

PAGE 26

“General prosecutions really is the core of the OPP. They work at the ‘coalface’. Many of their cases mightn’t be the most high profile ones, but they’re the ones who also really deliver benefits to the community – in terms of preparing and conducting large numbers of cases involving serious crimes.”

Stephen Bird Deputy Solicitor for Public Prosecutions (Acting)

Our Performance

THE CEJA TASK FORCE Corruption prosecutions are amongst the hardest work undertaken by the OPP and the support provided by the office to Victoria Police’s Ceja Task Force was an especially demanding and challenging undertaking.

The Ceja Task Force was established by Victoria Police in 2002 to investigate allegations of corruption within the Drug Squad. The allegations centred around the operations of the Drug Squad’s Chemical Diversion Desk, which had been set up in 1995 to liaise with chemical companies and allied industries to prevent, disrupt and identify suspects engaged in illicit drug manufacturing. The Desk was also responsible for the operation of ‘controlled drug deliveries’, where illicit drugs are intercepted by a law enforcement agency and permitted to continue their passage subject to monitoring and control.

The Chemical Diversion Desk broadened this role to include purchasing drugs from chemical companies and then arranging for the drugs to be sold to illegal drug manufacturers. The rationale for this approach was to ensure that investigations led to the ‘big fish’ involved in illegal drug manufacture. As the Office of Police Integrity (OPI) noted in its final report on the Ceja TaskForce, the Desk went from monitoring and controlling chemical deliveries to “actually facilitating them”. The Desk also expanded its operations to include the delivery of ‘commercial quantities’ of pseudoephedrine to illegal drug manufacturers. In addition, the Desk’s recording of transactions and financial accounts of chemical purchases and disposals was less than satisfactory and drug searches were not video taped, making it impossible to keep track of drugs that were confiscated from suspects. The Ceja Task Force investigating these practices found that 87 per cent of all chemicals, drugs or their derivatives that were sold through controlled deliveries were never recovered. This lax environment created opportunities for corrupt members of the Drug Squad to exploit the situation.

The Ceja Task Force ultimately investigated 121 alleged incidents of corruption, including conspiracy to traffic, trafficking drugs of dependence, illicit drug use, money laundering, threats to kill, theft and misuse of public office. Five serving or former members of the Drug Squad were charged and prosecuted and are presently serving terms of imprisonment. In September 2001, the Chief Commissioner of Police, Christine Nixon, stopped the practice of controlled chemical deliveries and in December 2001 the Drug Squad was disbanded.

The Ceja investigation operated for nearly five years, at times employing more than 40 officers.

As well as securing convictions, the investigation also aimed to send a clear message that corrupt and criminal behaviour will not be tolerated by Victoria Police and that – as noted by the OPI – members engaging in this behaviour “can expect to be pursued with utmost determination”.

In 2003, the OPP set up a Corruption and Special Prosecutions unit to handle alleged criminal activities amongst some members of Victoria Police and to prosecute matters emanating from the Ceja Task Force. For security concerns and the need to avoid conflicts of interest, the unit was quarantined from the rest of the OPP. A collaborative and productive relationship was established between the OPP and Ceja, allowing the OPP to respond quickly to the task force’s requirements and ensure that cases had the best chance of achieving convictions.

The Corruption and Special Prosecutions unit prepared and conducted all prosecutions arising from the Ceja investigation – highly stressful and difficult work that often took place in an environment of intense public scrutiny. In his final report on the Ceja Task Force, the Director of the Office of Police Integrity strongly praised the work of the OPP Corruptions Unit and the Ceja Task Force, noting the cooperative and highly effective work they carried out over the course of the investigation.

OPP ANNUAL REPORT 2006/07 PAGE 27

Our Performance

PROFILE

ROBYN HARPER AND WILL MCNEIL SOLICITORS GENERAL PROSECUTIONS

Working for the OPP’s General Prosecutions section, Robyn Harper and Will McNeil prepare a wide range of cases for prosecution, including culpable driving, murder, robbery and fraud. They also work on inquests at the Coroner’s Court.

“It’s interesting and varied work,” says Will. “We have to talk to – and rely on – a lot of different people to get our jobs done. We also have to look closely at the evidence and analyse it to see if further information is needed. I like pulling all that together to build a good case.”

Robyn came to the OPP in 2006 after completing the Practical Training Course at Leo Cussen Institute in Melbourne. She worked in the Circuit Section before transferring to General Prosecutions in 2007. Robyn still occasionally does some work on circuit. “I really enjoy getting out into regional Victoria,” she says.

Will has been at the OPP for three years, having completed his Articles with a private law firm. “I just always wanted to work here,” he says.

Robyn and Will are now working on more complex cases. Robyn has worked on a double fatality culpable driving case involving a young man who was driving while fatigued and having taken amphetamines.

She is also working on an increasing number of armed robbery and aggravated burglary cases. In the past year, Will has worked on a large car rebirthing case involving the theft of 150 vehicles that were rebirthed in NSW and then sold in Victoria. “It was a complex case,” says Will. “We had around 140 witnesses, some of whom were interstate or overseas, and there were also the technical aspects involved in identifying such a huge number of rebirthed cars.”

Robyn and Will plan to stay at the OPP for the foreseeable future.

“It’s a good place to work,” says Will. “It can be full-on, but you hear some amazing stories and get to run some really interesting cases.”

Robyn considers herself to be “fortunate” to secure a position at the OPP after completing the Leo Cussen course. “I find it very satisfying working here, especially the court time and the hands-on nature of the work,” she says. “I believe in what I am doing and I consider it to be important work.”

Robyn Harper and Will McNeil – making a difference.

“It’s a good place to work, It can be full-on, but you hear some amazing stories and get to run some really interesting cases.”

Will McNeil Solicitor, General Prosecutions

PAGE 28

Our Performance

APPEALS BY THE DPP TO THE SUPREME COURT, THE COURT OF APPEAL AND THE HIGH COURT The Director of Public Prosecutions has the power to appeal to the Supreme Court, the Court of Appeal and the High Court in a number of specific circumstances.

• APPEALS TO THE HIGH COURT Section 35 of the Judiciary Act 1903 (Commonwealth) gives jurisdiction to the High Court to hear and determine appeals by the DPP. Appeals can only be brought by ‘special leave’ of the Court itself.

During 2006/07, the DPP filed two applications for special leave to appeal to the High Court. One application was granted and one was refused.

The Director was respondent in 11 applications for special leave heard during 2006/07, of which four were granted and six refused. A further matter was dismissed due to the Applicant’s failure to file.

• APPEALS UNDER THE MAGISTRATES’ COURT ACT 1989

• APPEALS UNDER S567A OF THE CRIMES ACT 1958

Section 92 of the Magistrates’ Court Act 1989 allows a party to criminal proceedings in the Magistrates’ Court to appeal to the Supreme Court on a question of law. The DPP conducts these appeals on behalf of police informants.

Section 567A of the Crimes Act 1958 gives the DPP the power to appeal to the Court of Appeal against sentences imposed by trial judges.

In 2006/07, the DPP made a record number of appeals against sentence pursuant to s567A. Full details of these appeals are set in Appendix 4.

In 2006/07, the DPP was formally requested in nine cases to institute s92 appeals on behalf of police informants. Five of these appeals commenced during the year. Ten appeals were heard and completed in the Supreme Court and one appeal was abandoned. At 30 June 2007, 11 s92 appeals were still pending.

The DPP also acted for respondent police informants in 12 appeals brought by defendants.

Two s92-related applications by defendants to the Court of Appeal were completed.

No High Court applications or appeals relating to s92 matters were commenced or determined.

SECTION S567A APPEALS HEARD 40

The DPP’s increasing number of appeals against sentence pursuant to s567A of the Crimes Act 1958 is reflected in the growing number of these appeals being heard – up from 13 in 1999/2000 to 40 in 2006/07.

35

30

NUMBER

25

20

15

10

5

0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

OPP ANNUAL REPORT 2006/07 PAGE 29

Our Performance

PROFILE

JENNY TREGENT SENIOR SOLICITOR CIRCUIT (NORTHERN REGION)

Jenny Tregent started working for the OPP in 1992 and has been in the Circuit section since 1995. Before starting at the OPP, she worked for a small private practice doing mainly civil litigation. In the Circuit section, she works in the Northern region, which includes Wangaratta, Wodonga, Shepparton, Mildura and Bendigo.

“We work on a wide variety of matters in Circuit: culpable driving, homicide, sexual offences and aggravated burglaries are just some of the kinds of cases we get,” says Jenny.

Jenny’s roles include preparing and conducting matters in committal hearings, attending case conferences and contested committals, and preparing cases for trial in the Supreme and County Courts. As the section focuses on trying to resolve matters at an early stage, Jenny’s work often involves extensive negotiation with defence counsel and informants.

Jenny notes that working in the Circuit section “requires a certain sort of person. It’s not for everyone. It can be very stressful at times and the workload is high, but it is also very rewarding work – most people love working here”. She continues: “We’re also a very close team who work very well together. Everyone is very supportive and I think that we are well respected for our work in the criminal justice system.”

Solicitors who work on circuit are required to have a good understanding of a variety of legislation and it also helps to have a flexible attitude. “Things can change very fast on circuit,” says Jenny. “Cases can be picked up or dropped off the list or transferred to other regions with little notice, so it’s important to have a flexible attitude to your day-to-day responsibilities. It also helps to be a bit of a lateral thinker because the work often involves solving problems quickly – but that’s part of what makes it so challenging.”

Jenny Tregent – making a difference.

“It also helps to be a bit of a lateral thinker because the work often involves solving problems quickly – but that’s part of what makes it so challenging.”

Jenny Tregent Senior Solicitor Circuit (Northern region)

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RECORD NUMBER OF APPEALS AGAINST SENTENCE Section 567A of the Crimes Act 1958 provides for an appeal to the Court of Appeal against a sentence passed by the County Court where the DPP considers that a different sentence should have been passed and is satisfied that an appeal should be brought in the public interest.

There are well-defined legal limits to the DPP’s power to appeal.As the power to appeal encroaches upon the principle that a person should not be placed in double jeopardy (which states that no one should be tried or punished twice for the same offence), the DPP must exercise the right to appeal according to well-established legal principles.

In general, the DPP will not launch an appeal unless an error of sentencing principle by the sentencing judge can be demonstrated.An error in principle may include sentences that are manifestly inadequate or inconsistent in sentencing standards.

In 2006/07, the Director for Public Prosecutions made a record number of appeals against sentence to the Court of Appeal.The DPP made 41 appeals against sentence to the Court of Appeal.Three of these appeals were abandoned. Of the 38 appeals heard by the court, 21 were allowed and 17 were dismissed.

A sample of these appeals is set out below. A summary of all Crown appeals pursuant to s567A of the Crimes Act is set out in Appendix 3.

DPP V ARNEY An appeal to the Court of Appeal by the DPP resulted in an increased sentence for Mr A who killed his five-month-old daughter by punching her in the stomach.

Mr A’s daughter died from a perforated small bowel, but had suffered repeated assaults prior to her death that left her with a fractured skull, fractured ribs, damage to her liver and extensive bruising. Mr A told police that during the child’s life, there could have been up to 10 occasions on which he had hit her. He admitted that he had deliberately hit his daughter in the stomach to prevent injuries from being detected.

Mr A pleaded guilty to one count of manslaughter (maximum penalty: 20 years imprisonment) and one count of recklessly causing serious injury (maximum penalty: 15 years imprisonment) and was sentenced to nine years jail, with a minimum non-parole period of five years.The DPP appealed against the sentence on the basis that the case was at the worst end of the spectrum of unintentional

Our Performance

homicide by a parent of his or her child and that it warranted a considerably longer sentence.

The Court of Appeal allowed the DPP’s appeal and imposed a new sentence of 11 years jail, with a minimum of eight years. In the lead judgment, Justice Nettle noted that the court “must take particular care to guard against the possibility of setting a non-parole period so short that it may undermine public confidence in the sentencing process”. Justice Vincent stated that the original sentence should have reflected “the importance of vindicating the values of this community and the rights of a dead child”.

DPP V JOHNSTONE Mr J was convicted in the County Court on two counts of culpable driving (maximum penalty: 20 years imprisonment) and one count of negligently causing serious injury (maximum penalty: 5 years imprisonment). He was sentenced to four and a half years imprisonment, with a non-parole period of two years and three months.The DPP appealed against the sentence.

Mr J was the 22 year old driver in a single vehicle collision that occurred when he failed to negotiate a sweeping left hand bend on a country highway and struck a utility pole on the opposite side of the road. Seven people were in the car at the time of the DPP V GIFFEN collision.Two passengers aged 13 and 14 years died Mr G had pleaded guilty in the County Court instantly.Another 15 year old passenger was seriously at Melbourne to one count of intentionally injured. Mr J had been distracted by the behaviour causing serious injury (maximum penalty: 20 years of the passengers in the car and by trying to read imprisonment) and was sentenced to 30 months and then delete a lengthy text message on a mobile imprisonment with a non-parole period of 16 months. phone passed to him by another passenger when he lost control of the vehicle.

Mr G had assaulted Mr H outside a hotel without any warning or provocation, punching him several Delivering her judgment, Chief Justice Warren of times to the head and ramming his head a number the Court of Appeal noted that “a case involving of times against the protruding edge of a metalnegligent driving and the use of a mobile telephone framed grill on a wall. Mr H then fell backwards, culminating in death does not appear to have striking his head heavily on the concrete pavement. come before the Victorian Court of Appeal As Mr H lay on the ground, Mr G kicked him a before”. She canvassed the factors involved in the number of times to the upper body, then walked to case, including the remorse and guilt felt by Mr J, his car and drove off. before stating that the sentence did not “sufficiently reflect the seriousness of each of the offences in As a result of the assault, Mr H sustained severe this case when consideration is given to the use of internal head injuries, leaving him paralysed down his the mobile telephone in the overall circumstances right side. He required extensive rehabilitation to reand its commensurate culpability, the involvement learn many of the activities involved in daily life. of multiple victims and the paramount responsibility The DPP appealed against the sentence on the of the respondent as the driver of the vehicle”. basis that this was a particularly bad example of a serious offence and that a penalty that represented The Court of Appeal re-sentenced Mr J to a total of six years and nine months imprisonment, with a non12 per cent of the maximum for such an offence was sufficiently outside the appropriate range as to parole period of three years and three months. demonstrate sentencing error.

DPP V DINSLEY The Court of Appeal allowed the appeal and Mr D, 22 years old, pleaded guilty to seven counts, re-sentenced Mr G to a term of imprisonment including rape (maximum penalty: 25 years of four and a half years, with a non-parole period imprisonment), aggravated burglary (maximum of two and a half years. In the lead judgment, penalty: 25 years imprisonment), robbery Justice Coldrey expressed the view that “in the (maximum penalty: 15 years imprisonment), circumstances of this case, I have no doubt that the intentionally causing serious injury (maximum sentence imposed was so inadequate as to reflect penalty: 20 years imprisonment) and false an error of principle”. He also referred to the imprisonment (maximum penalty: 10 years importance of “the need to deter attacks of this imprisonment). He was sentenced to a total of nature in and around licensed premises”. nine years imprisonment, with a non-parole period of six-and-a-half years.

The victim of these offences was a 52 year-old woman with a mild intellectual disability, Ms M, who was living alone in a rented room at a residential hotel.

She was returning to her room with some shopping when Mr D ambushed her, forced her into the room, handcuffed her, forced paper into her mouth and raped her twice.After he raped Ms M, Mr D began to strangle her, demanding money. Ms M gave Mr D her Commonwealth Bank card, which he eventually used to obtain $20 to buy cigarettes.

The DPP appealed against the sentence on the ground that the individual sentences for each offence, the total effective sentence and the nonparole period were each manifestly inadequate.

The Court of Appeal agreed that the total sentence was “so manifestly inadequate that it gives rise to the inference that an error in principle occurred”. However, the Court noted that in considering whether to allow the appeal, it was required to take into account Mr D’s exposure to a form of double jeopardy, effectively sentencing him twice for the same crime – once by the sentencing judge and a second time by the appellate court.

Taking this principle into consideration, the Court dismissed the DPP’s appeal against sentence.

OPP ANNUAL REPORT 2006/07 PAGE 31

Our Performance

SERVING REGIONAL VICTORIA The OPP is committed to ensuring that regional Victoria receives a high quality prosecutions service and that people living in regional and rural communities are provided with information and assistance in negotiating the criminal justice system.

In 2006/07, the OPP’s Circuit section continued to prosecute a high volume and wide variety of matters across regional Victoria.

The section is divided into three areas – Eastern, Northern and Western – and prosecutes matters whenever the Supreme Court and County Court goes ‘on circuit’ to conduct hearings in locations across Victoria. During the year, the section dealt with 253 accused persons in the Eastern part of Victoria, 548 in the Northern area and 609 in the Western area.

The section’s 12 solicitors prepare cases for prosecution, brief barristers to appear in court and travel to centres such as Ballarat, Bendigo, Horsham, Mildura, Morwell, Shepparton, Warrnambool and Wodonga for hearings.The section also liaises with and provides advice to other agencies such as Victoria Police and the Court Network.

murders, sexual assault cases, armed robberies and most recently a major case involving extensive damage to the environment”. She notes: “Having to keep up with so many areas of law can be difficult, but it’s also often attractive to many lawyers because of the lifestyle circuit work offers.”

County Court scheduling on circuit also operates differently from the city. Suzette notes that this means that cases can be moved up the list fairly quickly, creating case preparation and witness availability problems for the OPP’s solicitors. “Fortunately,” she says, “working in the Circuit section is voluntary, so people who work in the section normally see the challenges as just part of their day-to-day work.”

The OPP is currently working with the County Court to address some of these issues.

The Circuit section also undertakes community education, organising information and educational seminars in regional Victoria for local communities and agencies involved in the justice system. This important work ensures that people and agencies in regional Victoria are familiar with the services provided by the OPP and understand The demands of circuit work can be challenging. Suzette Dootjes, the the legal issues involved in the prosecution of indictable offences.

OPP Manager of the Eastern section points out that “circuit solicitors prepare and conduct cases across a wide variety of offences:

CASE STUDY ILLEGAL LOGGERS CAUSE MAJOR ENVIRONMENTAL DAMAGE The OPP’s Circuit section recorded a major achievement in 2006/07 with the groundbreaking prosecution of a case involving illegal logging, illegal tree fern harvesting and environmental destruction on a large scale.

The OPP successfully prosecuted a father and son team in the Gippsland region for theft of tree ferns and logging timber, illegal trade of logging timber, conspiracy to steal timber logs and tree ferns, and pollution of land.

Mr C and his son had been harvesting timber and tree ferns from three properties without permission of the land owners (including the State of Victoria) since 2000. During the course of their operation, Mr C and his son illegally harvested timber worth at least $1.5 million.

They also caused extensive damage to native forests and vegetation in the area, as well as polluting the area with oil products and disused transport equipment. The environmental damage also included partially damming the Franklin River by bulldozing logs and earth into the river to provide machinery access to other areas, an action that led to further damage to local flora and fauna. After harvesting the timber and tree ferns, Mr C and his son transported them by truck and trailer to sawmill and nursery businesses in South Australia, Melbourne and regional Victoria.

The Department of Primary Industries estimated that the damage caused by the illegal logging operations and the use of heavy bulldozing and harvesting machinery would cost more than $300 000 to rehabilitate and require 10 years of reclamation work to return the land to its original state.The lost royalties to the Victorian State Government from the theft of the tree ferns and logging timber were more than $650 000.

The OPP prosecuted the case in partnership with the Department of Sustainability and Environment and the Department of Primary Industries. Following a 24-day hearing in the Latrobe Valley Law Courts, the jury returned a guilty verdict. Mr C and his son received prison sentences of four years and two years respectively. In addition, applications have been made for a Pecuniary Penalty Order and a Forfeiture Order under the Confiscation Act 1997 to confiscate assets obtained by Mr C and his son with the proceeds of their illegal activities.

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Our Performance

PROFILE

RYAN MALLIA ADMINISTRATION SUPPORT OFFICER COUNTY COURT APPEALS

In his 14 months with the OPP, Ryan Mallia has dealt with plenty of interesting cases and seen a side of life that most people never see.

“The nature of the work here is that you get exposed to things you wouldn’t normally hear about,” says Ryan. “You realise that a lot more goes on in the justice system than they report in the media.”

Ryan joined the OPP after completing his Arts degree. “I did Honours in Criminology, so I already had a strong interest in the criminal justice system,” he says. “I knew that the OPP was in the forefront of the system, so I was really interested in coming to work here.”

Ryan is the initial point of contact for all files that come to the County Court Appeals section of the office. “Our section deals with all appeals from the Magistrates Court to the County Court and my job is to make sure that the case files are ready for the solicitors to work on,” says Ryan.

After receiving notification that an appeal has been lodged, Ryan ensures that all the relevant information and documents are on file and makes initial contact with the police and the defendant’s solicitor.

“I can have between 100 and 200 files on the go at any time,” he says.

“While I’m waiting for a file to be allocated to a solicitor in the office, I’m basically responsible for it – for dealing with any queries, sorting out any material that’s sent to us, adding information that comes in and generally making sure that the file is up to date and complete before I hand it on.”

Ryan sees his role in the OPP as “helping to ensure that Victoria has a fair system of prosecutions, trials and appeals”. He says: “I think we do our best to achieve that fairness and I like being part of that effort.”

Ryan Mallia – making a difference.

Now studying for his law degree, Ryan feels that he has learned a great deal from his time with the OPP. “I’ve learned a lot about processes to do with the courts and the police. I’ve learned a lot about the law. I’ve also learned a lot about dealing with a wide range of people – from defendants and their solicitors to the police, barristers and judges.”

“I knew that the OPP was in the forefront of the system, so I was really interested in coming to work here.”

Ryan Mallia Administration Support Officer County Court Appeals

OPP ANNUAL REPORT 2006/07 PAGE 33

Our Performance

Pioneering innovative approaches to prosecutions The Office of Public Prosecutions is a national leader in adopting innovative approaches to public prosecutions.

In 2006/07, we further enhanced our reputation for innovation by establishing a groundbreaking specialist approach to prosecuting sex offences and continuing our cutting-edge work in the new area of confiscating the proceeds of crime.

By developing modern, innovative approaches to prosecutions, the OPP aims to contribute to greater public trust and confidence in the criminal justice system and improve the quality, fairness and effectiveness of our prosecutions service.

A NEW APPROACH TO PROSECUTING SEX OFFENCES During 2006/07, the Victorian Government announced a major Sexual Assault Reform Package aimed at encouraging people to report sexual assault, minimising the trauma and distress for complainants in the criminal justice system and reducing the incidence of sexual assault in the Victorian community.

The reforms follow a landmark review of sex offences law by the Victorian Law Reform Commission and include: • ‘One-stop shops’ in Mildura and Frankston to deliver an integrated justice and human services approach to victims • A dedicated child witness service • A new statewide network of forensic nurses to improve complainants’ access to timely forensic medical services • Specialist sex offences lists in the Magistrates’ and County Courts • Training in issues surrounding sexual assault for judges and other legal professionals

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• A new Specialist Sex Offences Unit based at the OPP. In 2006/07, the OPP gave high priority to establishing the Specialist Sex Offences Unit.

Michele Williams SC was appointed as Senior Crown Prosecutor to the unit. We appointed a Project Manager, formed an Implementation Committee to oversee the creation of the unit, developed a Project Plan and operational guidelines for the unit, recruited staff and secured accommodation. We provided training to OPP staff and to police, members of the private Bar and other stakeholders about the operation of the unit and the Government’s sexual assault reforms. The unit was launched in April 2007 at the County Court by the Victorian Attorney-General, The Honourable Rob Hulls MP. Speakers at the launch included the DPP, the Chief Commissioner of Police, the Secretary of the Department of Justice, a victim advocate and AFL Chief Executive Officer Andrew Demetriou.

The new unit adopts an innovative specialist approach to prosecuting sex offences, bringing together prosecutors, solicitors and advocates with expertise in sex offence cases. Breaking with tradition, Crown Prosecutors are colocated with the unit’s solicitors to build a strong team approach and ensure a bestpractice, proactive and consistent response to sex offence cases.

Through this specialised approach, the unit aims to influence the culture of the criminal justice system, minimising the trauma for complainants, delivering more just outcomes, improving public confidence in the system and increasing the reporting of sexual assaults.

Victims and witnesses of sexual assault also have improved access to witness support services through the OPP’s Witness Assistance Service and the Child Witness Service.

“It is in the interests of the whole community for sex offences to be dealt with fairly and sensitively in the courts. I hope that the end result of the new unit is that victims will feel more confident to come forward and report offences to the police.”

Michele Williams SC Senior Crown Prosecutor – Specialist Sex Offences Unit

FEATURES OF THE SPECIALIST SEX OFFENCES UNIT The unit introduces several new features to the prosecution of sex offences: • Leadership from specialist Crown Prosecutors • Training and guidelines for private barristers • Greater consistency and continuity in sex offences cases • Emphasis on the early resolution of cases • A more seamless, informative and respectful process for victims • Greater access to witness support services • Innovative professional development and support for solicitors • Improved data collection and evaluation

Our Performance

PROFILE

MICHELE WILLIAMS SC SENIOR CROWN PROSECUTOR SPECIALIST SEX OFFENCES UNIT

Michele Williams SC brings more than 20 years experience as a criminal advocate to her new position as head of the Specialist Sex Offences Unit at the OPP, but says she is still excited and inspired by the prospect of being part of “one of the biggest steps forward in the Victorian criminal justice system that I have ever encountered”.

Michele says that the unit will significantly improve the way sex offences are prosecuted in Victoria. “We aim to achieve a just outcome in each case and to make the process less traumatic for victims,” she says. “This area of the law is complex and there have been many legislative changes over the years.The human circumstances in which sex offences occur is also complex. Many offences occur within families or involve children.The new unit will take into account the needs of the more vulnerable complainants, including children and those who are cognitively impaired, consistent with the new legislative reforms.”

As a barrister, Michele had an extensive criminal trial practice appearing in all Victorian Courts and appearing for many years as Counsel assisting the Medical Practitioners Board in cases involving alleged sexual misconduct against doctors. Since her appointment as a Crown Prosecutor in 2002, she has practised almost exclusively in the Supreme Court, prosecuting a number of significant matters including murder trials, attempted murder trials, serious fraud and bail applications. Michele was appointed Senior Counsel in November 2005 and Senior Crown Prosecutor in 2006.

As Head of the new Specialist Sex Offences Unit, Michele will be supported by an expert group of Crown Prosecutors, solicitors and advocates who will work together as a specialist team in preparing and prosecuting sex offences cases. She sees her role as “providing strong leadership and building a positive team working environment so that we are able to lead the way and be proactive in delivering a more consistent and just approach to the way sexual offences are dealt with in Victoria”.

Michele Williams – making a difference.

“We aim to achieve a just outcome in each case and to make the process less traumatic for victims.”

Over the years, Michele has appeared in many serious sex offences trials and looks forward to being part of a substantive change in the way these offences are prosecuted. “I am privileged to be working in such a rewarding and challenging area of the law,” she says.

Michele Williams SC Senior Crown Prosecutor, Specialist Sex Offences Unit

OPP ANNUAL REPORT 2006/07 PAGE 35

Our Performance

“The OPP now has an expertise in asset confiscations that is the best in Australia – and that is proving to be a strong and effective weapon in the fight against organised crime in Victoria and nationwide.”

Angela Cannon Solicitor for Public Prosecutions

NATIONAL LEADERS IN ASSET CONFISCATION The OPP continues to build its expertise in confiscating assets that have been used in the commission of a crime or purchased with the proceeds of crime. During 2006/07, the OPP’s Confiscations section conducted litigation under the Confiscation Act 1997 on behalf of the Director of Public Prosecutions, recording significant successes in several major cases and building a strong body of case law with application throughout Australia.

convicted of conspiracy, drug trafficking and money laundering offences) was ordered to pay to the State of Victoria the sum of $995,000.

• Restraining money and assets in relation to the prosecution of Mr Tony Mokbel, his associates and family members. Successful action taken by the OPP and the DPP included securing the appointment of trustees to manage the substantial assets of members of Mr Mokbel’s family – the first time trustees have been appointed under the Confiscation Act 1997.

The section opened 436 cases during the year.

Key achievements in 2006/07 include: • Continuing to seize significant assets from criminals under Victoria’s asset confiscation scheme. The most recent confiscation figures show a tripling in revenue obtained from confiscating assets from $2.2 million in 2002/03 to $6.6 million in 2005/06.

These figures do not include the monies successfully restrained for the purposes of compensation to victims of crime.

• Managing the significant additional caseload generated by the Purana Task Force • Restraining assets in matters where the person charged with an offence died before the charge was finally determined. DPP v Shield resulted in a ‘deemed conviction’ under the Confiscation Act 1997 for drug offences and three properties and monies worth $1.1 million being automatically forfeited to the State of Victoria. DPP v Korp also involved an application for a ‘deemed conviction’ to enable the restraining of assets to ensure that the interests of the victim’s relatives were protected.

• Successfully applying to the Supreme Court for the largest pecuniary penalty under the Confiscation Act ever ordered in Victoria.

In DPP v Ferguson, a former member of the Victoria Police Drugs Squad (who was

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• Responding to adverse judicial interpretations of specific provisions of the Confiscation Act 1997, including advising the Victorian Government on amendments to the Act to clarify that an order to restrain assets should be made and heard ex parte to ensure that criminals are not given an opportunity to move or hide assets.

Throughout the year, the Confiscations section continued to work closely with the other agencies involved in Victoria’s asset confiscation scheme – Victoria Police, the Asset Confiscation Office within the Department of Justice and the Sheriff ’s Office – to improve the operation and administration of the scheme.

The Confiscations section also provided advice on confiscation matters to the Director of Public Prosecutions, the Chief Crown Prosecutor and Crown Prosecutors, solicitors and counsel handling prosecution cases, Victoria Police, the Department of Justice and victims of crime.

Paul Dimitrios – making a difference.

“I love every minute that I’m here. It sure beats sitting in an office doing someone’s tax returns.”

Paul Dimitros Forensic Accountant Confiscations

Our Performance

PAUL DIMITROS

PROFILE

FORENSIC ACCOUNTANT CONFISCATIONS

“I love every minute that I’m here.” Not many people can say that about their workplaces, but OPP’s Forensic Accountant Paul Dimitros is a man who is more than happy in his job. Paul has been working with the OPP Confiscations Unit for more than 15 months, after stints with the Department of Justice and Victoria Police, and says he gets “great personal and professional satisfaction” from helping to track down and confiscate assets obtained through crime.

“Following the money trail – that’s what I do,” he says. “People can be pretty devious and selective when they’re trying to hide money and the Forensic Accountant’s job is to look at the material presented to the police and the courts, do a financial analysis and then form an opinion on whether or not property and assets have been purchased using the proceeds from criminal activities.”

Paul brings a combination of skills, experience and knowledge to his work with OPP. Alongside accounting and financial skills, Paul has expertise in asset management and insolvency. He also has

a good knowledge of the criminal justice system and police procedures. “I am generally pretty much on the mark in terms of locating assets,” he says, “so I think that I value-add to the office.”

Paul was drawn to forensic accountancy because he enjoyed the investigative side of accounting and because he believes it is important work.

“This is not just about confiscating assets from criminals,” he says. “There are victims involved here and the money being used to buy these assets is money stolen from victims or the result of crimes committed against victims.”

Paul also enjoys the “great variety” of his work at the OPP. He has worked on cases involving organised crime, major fraud and drug dealing.

His investigations cover a range of assets, from residential and commercial properties to family trusts, farms, livestock and shares. He also gives evidence in court as an expert witness.

“It sure beats sitting in an office doing someone’s tax returns,” he says.

CASE STUDY PROTECTING THE RIGHTS OF VICTIMS AND THEIR FAMILIES The Korp case was widely reported in the media and is well known to most Melburnians. On 3 August 2005, Joseph Korp was committed to stand trial for attempted murder, conspiracy to commit murder and intentionally causing serious injury. Korp’s alleged victim, his wife Maria, had been in a coma since the previous February when she was found unconscious in the boot of her car near the Shrine of Remembrance. Korp’s lover, Tania Herman, pleaded guilty to the attempted murder of Maria Korp and is serving a 12-year jail term.

On 5 August 2005, Maria Korp died and seven days later Joseph Korp was found dead in his garage at his home in Mickleham.

Earlier in 2005, the Supreme Court had ordered that Korp be restrained from disposing of his home, his car or his superannuation benefits. In September 2005, the DPP applied to the Supreme Court for a declaration that Joseph Korp be deemed to be convicted under the Confiscation Act 1997 of the above offences. Under s4 and s5 of the Act, a person who dies after being committed to stand trial can be deemed to be guilty of the offence for which he/she was charged for the purposes of the Confiscation Act 1997.

The DPP made the application to ensure that Korp’s assets would be available to fund compensation payouts to Mrs Korp’s family as victims of crime. The DPP also considered

the application to be a ‘test case’ in protecting the interests of victims of crime through the Confiscation Act 1997.

Mrs Korp’s two children decided against making a compensation claim. While a claim was initially pursued by Mrs Korp’s mother and two sisters, who live in Portugal, they also eventually decided not to proceed.

In 2007, the DPP applied to the Supreme Court for the claim to be withdrawn, leaving the proceeds of Joseph Korp’s estate to be distributed under an earlier agreement between the parties.

OPP ANNUAL REPORT 2006/07 PAGE 37

Our Performance

Reducing delays in the criminal justice system NEW SOLICITOR ADVOCATES Delays reduce the fairness and efficiency of the criminal justice system, affect the rights of defendants, victims and witnesses, and result in additional costs to the broader Victorian community. In 2006/07, the OPP adopted a strong focus on minimising delays across the Victorian criminal justice system, taking action to streamline the management of cases, modernise court-related processes and resolve cases at an earlier stage.

The OPP commenced recruitment of five new Solicitor Advocates with responsibility for the early resolution of matters before the courts. Working with a designated Crown Prosecutor, the Solicitor Advocates will be proactive in the early stages of cases, identifying and resolving issues that are preventing matters from being settled quickly.

FEWER DELAYS IN COMMITTAL PROCEEDINGS

Working with the Magistrates’ Court of Victoria and Victoria Police, OPP’s Committals Advocacy section and Specialist Sex Offences Unit played a leading role in developing In 2006/07, the Victorian Government new streamlined procedures in relation announced that it would provide substantial to committal hearings in the Magistrates’ additional resources to reduce delays in Court. These procedures have resulted the criminal justice system (including the in considerable time savings, fewer delays appointment of two new Supreme Court and a more effective use of the court’s judges, two new Country Court judges and time. New procedures include booking additional support staff and resources). dates for committal hearings at an earlier stage, minimising extension applications During the year, the courts also introduced a number of changes to proceedings to improve and introducing more efficient processes in preparing and serving hand-up briefs. the efficient management and resolution of matters. To support these actions, the OPP IMPROVED INTERNAL PRACTICES reviewed and reformed internal practices and By improving internal practices and worked together with other stakeholders to introducing more streamlined case improve court-related processes. management, the OPP is playing a leading role in the early resolution of cases and the NEW RESOURCES TO REDUCE DELAYS In conjunction with the Department of Justice, early identification of matters that may delay court proceedings. Action taken in 2006/07 the OPP developed its first independent to improve the office’s internal processes Budget submission in 2006/07, seeking included: additional resources to reduce delays in the criminal justice system. As part of a major justice package delivered in the 2007/08 State Budget, the Victorian Government increased funding to the OPP by $28 million over the next four years – boosting the office’s core budget by nearly 20 per cent. These significant additional resources have enabled the office to commence a number of initiatives aimed at minimising delays and resolving matters at an earlier stage of proceedings.

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• Establishing an Internal Call-Over system for all pleas and trials in the County and Supreme Courts to reduce the number of adjournments caused by the OPP. The new system focuses on monitoring and resolving issues that may lead to late adjournments or delays in the commencement of criminal cases • Appointing a Legal Unit Delegate to monitor County Court case conferences

and directions hearings to identify and address issues that cause delays • Appointing a senior manager to facilitate the early review and resolution of matters in the Supreme Court, with a focus on cases of murder and attempted murder and cases listed in regional Victoria • Appointing a senior manager to monitor Section 5 hearings in the Supreme Court, with the aim of identifying and addressing pre-trial issues in order to reduce trial delays • Commencing work on a Memorandum of Understanding to clarify responsibilities between the OPP and Forensicare to reduce delays in cases involving defendants with mental illness.

• Working with Victoria Police to develop a strategy to reduce delay in the prosecution of drug cases by improving processes in relation to drug, DNA and transcript analysis.

IMPROVED OPERATION ON CIRCUIT From February to June 2007, the OPP dedicated a solicitor to identify opportunities for the early resolution of committal matters in Circuit West. This project resulted in a strong increase in the settlement rate of committal matters – from 38 per cent prior to February 2007 to 49 per cent over the five months of the project. The project is estimated to have saved an additional 11 per cent of matters from preparation for committal, case conference, trial or plea – a substantial saving in time and costs, and a significant reduction in pressure on the courts in Victoria’s west.

The OPP also commenced a project to reduce delays and improve the operation of Circuit by exploring steps that the OPP and the courts can take to settle matters earlier, tackle backlogs and streamline matters that go to trial.

Our Performance

CONTESTED COMMITTALS 1600

For the first time in seven years, the number of contested committals has decreased, reflecting the success of efforts to resolve matters at the pre-committal stage.

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REDUCING DELAYS IN THE SUPREME COURT In 2006, the Supreme Court of Victoria issued a Practice Note (Practice Note 5 of 2006: Criminal Division – Case Management by Section 5 Hearings) requiring that matters committed to the Supreme Court for trial be listed for a Section 5 hearing within 14 days of the completion of the committal hearing.

The aim of a Section 5 hearing is to inform the Supreme Court of any progress towards resolving a matter before the court and to ensure that the trial commences on the proposed or fixed date by identifying at an early stage any issues that may cause delay.

The Practice Note requires counsel retained for the committal or the trial to appear at the Section 5 hearing and to be in a position to address 20 matters (in addition to matters contained in section 5 of the Crimes (Criminal Trials) Act 1999).These matters include: anticipated issues at the trial and whether any issues warrant pre-trial hearings; an estimate of the hearing time needed for the trial; any problems that might prevent the trial proceeding quickly and smoothly; the number and availability of witnesses; any security issues; any special requirements for witnesses; and

whether extensive pre-trial management is required.

The Practice Note raised significant issues for the operations and resources of the OPP, requiring the review of practices and procedures to improve the office’s ability to meet the new timelines and requirements.

Since operation of the Practice Note commenced on 1 January 2007: • The OPP has ensured that counsel appearing at the committal hearing also appeared at the Section 5 hearing in 68 per cent of matters.

• In the remaining 32 per cent of matters, the OPP has ensured that a replacement Crown Prosecutor appeared where the committal hearing Crown Prosecutor was unable to appear (12 per cent of matters); that a Crown Prosecutor appeared where the matter had proceeded at committal mention without a committal hearing (18 per cent); and that counsel familiar with the matter appeared where counsel who appeared at the committal was unable to appear (2 per cent).

were prepared, signed and filed at Section 5 hearings in more than 80 per cent of matters. In the remaining 20 per cent of matters, presentments were not prepared due to ongoing forensic testing or where it was inappropriate to file presentments as the Crown was considering nolles prosequi.

• The OPP has not been directly responsible for any Section 5 hearings being adjourned to a further Section 5 hearing.

These outcomes represent a significant achievement on the part of the OPP and reflect the ongoing commitment of the DPP and the OPP to make an effective and substantial contribution to the Supreme Court’s efforts to minimise delays.

• The OPP has ensured that presentments

OPP ANNUAL REPORT 2006/07 PAGE 39

Our Performance

PROFILE

JULIA MAGUR OFFICER IN CHARGE – DEPOSITIONS REGISTRY

Julia Magur has worked at the OPP since 2004. In 2006, she also worked for several months at the Magistrates’ Court in the Criminal Registry and as a bench clerk assisting the Magistrate in court, before returning to the OPP in early 2007.

Julia is responsible for making sure the depositions for trials and pleas at the County and Supreme Courts are available to all parties. Depositions staff compile evidence; witness statements and any paper exhibits to be presented to the court. Julia ensures that depositions are ready for the solicitors working within the OPP, defence counsel, the various courts and defendants.

Julia enjoys the exacting and demanding nature of her work. “Each person in Depositions is individually responsible for the files they work on, so it’s very important that we are thorough,” says Julia. “There is little room for error – we have to get it right.”

Julia feels that the work of the Depositions section is “definitely important” to the smooth operation of the OPP and to the efficiency of the Victorian courts and criminal justice system. An increasing number of committals and recent changes in sexual assault matters mean that the section is now managing an even heavier workload.The section is also feeling the pressure of efforts to reduce delays across the criminal justice system. “Fortunately, we are a close team and we all work very well together, so we can handle it,” says Julia.

Technology is also having an increasing impact on Julia’s work. Recently, the OPP Records and Depositions section has started loading depositions onto CDs and sending them to the Criminal Trial Listings Directorate (which is responsible for listing and managing criminal cases in Victoria) and, when appropriate, to the regional County Courts.This new advance in information transfer has had some teething problems, but is an integral mechanism in minimising delays within the court process.

Julia finds working in criminal law fascinating and enjoys the wide variety of work in the Depositions section. “Best of all, the people I work with are fantastic,” she says.

Julia Magur – making a difference.

“We are a close team and we all work very well together.”

Julia Magur Officer in Charge Depositions Registry

PAGE 40

Our Performance

Providing better support for victims and witnesses The Office of Public Prosecutions recognises that being a victim or witness of crime can be a traumatic and stressful experience – and we believe that providing support and assistance to victims and witnesses is crucial to delivering a high quality prosecutions service. In 2006/07, the OPP significantly enhanced our services to victims and witnesses of serious crimes, including producing a new guide to the court system and playing a leading role in the implementation of Victoria’s new Victims’ Charter.

The OPP is strongly committed to supporting victims and witnesses of crime as part of our prosecutions service – keeping them informed about the progress of cases, giving advice about court procedures and providing personal support in what can be a daunting journey through the criminal justice system. In 2006, the Victorian Government introduced a new Victims’ Charter, which represents a commitment by the government and agencies within the justice system to treat victims with courtesy, respect and dignity. The OPP has taken action to ensure that we comply with the Charter and continue to provide a high standard of support to victims of crime involved in cases handled by the office.

WITNESS ASSISTANCE SERVICE The OPP’s Witness Assistance Service (WAS) supports and assists victims and witnesses of crime. In 2006/07, the Service’s staff of four social workers and two administrative staff assisted 1300 victims across Victoria. Details of assistance provided by WAS are set out in Appendix 6.

Support and assistance provided by WAS included running pre-court conferences

to demystify the court process, providing information about court procedures, conducting courtroom tours and explaining the process involved in giving evidence.

In addition, WAS provided post-hearing debriefings to support victims who were traumatised by giving evidence or who were unhappy with the outcome of cases.

• Drafting new forms and letters for use by the OPP to keep victims informed about the progress of cases

WAS carried out a range of other functions throughout the year, including producing educational material and providing advice and training for community groups and Victoria Police.

WORKING WITH EXTERNAL AGENCIES

PATHWAYS TO JUSTICE In 2006/07, the OPP published and distributed Pathways to Justice: A guide to the Victorian court system for victims and witnesses of serious crimes.

Produced with support from the Department of Justice, Pathways to Justice provides victims and witnesses of serious crimes with a step-by-step guide through the court process.The booklet also outlines the Victims’ Charter and explains matters such as Victim Impact Statements, the Victims’ Register, how to claim compensation and how to make a complaint about services provided by the OPP. SUPPORT FOR THE VICTIMS’ CHARTER The OPP reviewed its practices and procedures during 2006/07 to improve support for victims and witnesses and ensure compliance with the new Victims’ Charter.

Activities included: • Appointing a Community Liaison Officer and developing protocols to receive feedback and complaints from victims and witnesses

in meeting the principles of the Victims’ Charter

• Organising talks from the Victims Support Agency, Victoria Police and other organisations about the implementation of the Charter and victims’ rights generally.

The OPP worked with Victoria Police to establish protocols to ensure that the concerns and needs of victims are identified when cases are handed from the police to the OPP. The operations of the Witness Assistance Service were also reviewed to provide a more strategic focus and improve integration with other government and non-government services.

The OPP also developed Memoranda of Understanding with the Victims Support Agency and Victoria Police to assist with the implementation of the Victims’ Charter.

SPECIALIST SEX OFFENCES UNIT The creation of the Specialist Sex Offences Unit within the OPP has significantly improved services provided by the office to victims of sex offences. The new unit provides specialised assistance to victims in these cases, addressing their concerns in a consistent, sensitive and respectful manner. The unit also improves the access that victims and witnesses of sexual assault have to support services (including the OPP Witness Assistance Service).

• Establishing a Victims’ Charter Implementation Committee to review internal processes • Developing a new Director’s Policy in relation to the Victims’ Charter Act 2006 which establishes guidelines for the OPP

OPP ANNUAL REPORT 2006/07 PAGE 41

Our Performance

PROFILE

WITNESS ASSISTANCE SERVICE

The Witness Assistance Service’s four Social Workers are enthusiastic and passionate about their work and the role of WAS within the OPP. For Marnie Vickers, working at WAS fulfils a “keen interest in sex offences legislation and laws pertaining to serious criminal offences”.

Marnie adds: “I feel passionate about working with victims of crime and feel very strongly that prosecution witnesses should be informed and supported through criminal proceedings.”

As WAS’s longest serving staff members, Anni Davie and Anne O’Brien have seen the service develop and grow over the last 10 years. Anne praises Geoff Flatman, a previous Director of Public Prosecutions, for his enthusiastic support in building up the service “with a real focus on dealing with victims of crime and the families of deceased people in a much more personal way”. She also praises Paul Coghlan, for carrying on the legacy of meeting with victims and families. ”We have been very privileged to work with him, as well as the Crown Prosecutors and Solicitors at the OPP,” says Anne.

Renee Dowling started working at the service six years ago and continues to find the work challenging and interesting. “I am genuinely passionate about my work within WAS,” says Renee.

“I am proud to say that, with the exception of one or two ‘bad hair’ days, I have always woken up in the morning happy to go to work.”

The recent introduction of the Victims’ Charter has resulted in an increased workload for the WAS team. “As information about the Charter gets out there into the community, victims and witnesses of crime are more aware of their rights and are far more likely to know about our service,” says Anne. “This increases our workload and will be an ongoing challenge for the service. But there is such a feeling of camaraderie and a collegiate atmosphere at the OPP that we at WAS feel very supported and respected in the work we do.”

All four WAS social workers have post-graduate qualifications and broad experience working in sexual assault, counselling and advocacy in various parts of the criminal justice system. Marnie also notes: “Everyone at the OPP is dedicated to prosecuting serious criminal offences.There’s a huge range of experience, knowledge and compassion amongst staff members here and I think we all thrive on that.”

Over the next year, the WAS team will focus on producing publications to assist victims of crime and developing a training module to expand the work they are doing with victims and witnesses of crime living in regional Victoria. Anne observes: “There is no shortage of challenges at WAS, but we are very passionate about what we do here and the nature of the work and the people we deal with makes it a pleasure to come to work every day.”

PAGE 42

Anne O’Brien, Renee Dowling, Debbie Langham and Marnie Vickers – making a difference.

“I am proud to say that, with the exception of one or two ‘bad hair’ days, I have always woken up in the morning happy to go to work.”

Renee Dowling Witness Assistance Service

Our Performance

VICTIM’S CHARTER

In 2006, the Victorian Parliament passed the Victims’ Charter Act 2006.

The Act establishes a Victims’ Charter for Victoria, setting out 12 principles that the police, the Office of Public Prosecutions and victim support agencies must follow to support and assist victims of crime.

Developed following extensive community consultation, the Charter aims to provide legal recognition of the impact of crime on victims, ensure that victims are treated with courtesy, respect and dignity and offered information, support and assistance, and improve the experiences of victims within the criminal justice system.

Under the Charter, victims of crime have the right to: • Be treated with courtesy, respect and dignity by all criminal justice and victim support services • Be given clear, timely and consistent information about their rights and entitlements and, if appropriate, be referred to victims and legal support services • Be told about the progress of the investigation at key stages (and be informed where police may not be able to provide all the details because it would jeopardise an investigation) • Be informed about the prosecution of the accused person, including charges laid (or the reasons for not laying charges or modifying charges), decisions to accept a plea of guilty to lesser charges, details of court dates and times, the outcome of any criminal proceedings and details of any appeal • Request details about the outcome of any bail application and any special conditions of bail that are intended to protect victims or their families • Be informed about the court process, including the victim’s role as a witness

• Be protected – as far as practicable – from unnecessary contact with the accused person and defence witnesses during the court proceedings • Prepare a Victim Impact Statement that may be considered by the court in sentencing the accused person and have access to any assistance needed to prepare the statement • Keep their personal information, including residential address and telephone number, from being disclosed to anybody, except in accordance with the Information Privacy Act 2000, as directed by the court or as otherwise authorised by law • Have any property held for investigation of a crime or the prosecution of a criminal offence stored and handled in a respectful and secure manner, and returned as soon as practicable • Apply to be included on the Victims’ Register, allowing them to receive information regarding the release of the offender and to have their views taken into account by a Parole Board when any decision about parole of the offender is being considered • Make an application to the court for an order for compensation from the offender for injury suffered or for loss or damage to the victim’s property which arises from the crime or make an application for compensation and/or financial assistance from the Victims of Crime Assistance Tribunal.

The OPP and other agencies (including Victoria Police) have adopted a phased approach to implementing the Charter. Stage 1 (which commenced in November 2006) focuses on victims of crimes against the person. Stage 2 (which is anticipated to commence in 2008) will broaden the application of the Charter to include victims of property crime.

OPP ANNUAL REPORT 2006/07 PAGE 43

Our Performance

CASE STUDY COPING WITH A FINDING OF NOT GUILTY Ms K was walking in a park in Footscray with her 18 month old baby when Mr Y came up to her, held a blood filled syringe to her baby’s neck and demanded money.Throughout the court process, Ms K felt as if she – not the defendant – was ‘on trial’ and that her integrity and behaviour were being questioned.

In addition to giving evidence, Ms K also attended the plea hearing. Despite the offender having nine prior convictions, including armed robbery and theft, none of these prior convictions was admissible in court on the trial due to it being prejudicial to the defendant.This was difficult for Ms K to understand as she considered it relevant to what had happened to her. In supporting Ms K, it was important to clearly explain these points of law to give her a better understanding of how the criminal justice system works and why the judge may need to make certain decisions.

The jury returned a not guilty verdict to the charge of attempted armed robbery. However, Mr Y did plead guilty to one count of heroin possession. While Ms K was very unhappy with the outcome, the support, advice and assistance provided by WAS enabled her to walk away from the court knowing that she did the best she could. She felt that she was believed by the WAS staff, by the police and perhaps by the jury. By demystifying the court process and providing support and clear information, WAS helped Ms K understand that on this occasion, the prosecution was unable to prove the case beyond reasonable doubt – not that Mr Y was innocent of the crime.

CASE STUDY UNDERSTANDING THE COURT PROCESS Ms B was 18 years old when she reported having been sexually abused by her stepfather when she was a child between 6 and 12 years of age. Ms B was referred to WAS by the police informant for a pre-committal conference and court tour. She attended with her mother Mrs L (a crown witness and the ex-wife of the defendant) The WAS support worker arranged for the OPP instructing solicitor to attend the conference where they advised Ms B and Mrs L about the purpose of a committal hearing and the process of giving evidence.The WAS worker also explained legal terminology, answered questions about the criminal justice process and showed Ms B and her mother the court facilities where the trial would take place. WAS organised a referral to the Court Network to ensure that Ms B and Mrs L had support at court.

After discussion with Ms B, the WAS worker made arrangements for a sexual assault counsellor to contact her. She also provided information on Ms B’s rights to compensation. After the committal hearing, both Ms B and Mrs L contacted WAS about their court experiences and received information about the upcoming trial.The cross examination at the committal had been very traumatic at times, requiring a further counselling referral.

The jury brought down a guilty verdict, which relieved Ms B and Mrs L.The WAS worker subsequently explained the processes involved in a sentencing hearing, the accused person’s rights to lodge an appeal and Ms B’s right to be listed on the Victims’ Register.

PAGE 44

Our Performance

Influencing policy and law reform Through its daily involvement with the courts and the criminal justice system, the Office of Public Prosecutions is well-placed to identify issues with implications for the entire justice system and the wider Victorian community. In 2006/07, the OPP continued to play an influential role in the development of legal policy in Victoria, including providing advice to government, supporting the implementation of new legislation and participating in law reform activities.

The OPP takes a keen interest in identifying and pursuing areas of law and legal practice in need of reform. Through its Policy, Advisings and Court of Appeal (PACA) unit the OPP undertakes activities designed to improve and modernise the law, the operation of the criminal justice system and the prosecution process. During 2006/07, we continued to work closely with Victoria Police, the Department of Justice, the courts, the legal profession and community groups to identify and respond to significant law reform issues.

SEXUAL ASSAULT REFORMS During 2006/07, the OPP played a key role in developing and delivering the Victorian Government’s Sexual Assault Reform Package.

The PACA section provided advice and assistance to stakeholders within the criminal justice system (including Victoria Police, the courts, the Department of Justice and victims’ groups) on the implementation of the package and meeting the requirements of the Crimes (Sexual Offences) Act 2006 and the Crimes (Sexual Offences)(Further Amendment) Act 2006.

VICTIMS’ CHARTER In 2006, the Parliament of Victoria passed the Victims’ Charter Act 2006, which established a charter of principles for how the criminal justice

system responds to victims of crime.The OPP assisted stakeholders with the implementation of the Charter, including developing Memoranda of Understanding with the Victims Support Agency and Victoria Police.

The PACA section also coordinated the updating of internal policies and documents within the OPP to ensure compliance with the Charter.

CHARTER OF HUMAN RIGHTS

The OPP also provided advice to the Attorney-General on the need for amendments to the Confiscation Act 1997 to address the impact of decisions made by the Court of Appeal that were undermining the operation of the Act. LEGISLATION AND POLICY IMPLEMENTATION The OPP provided expert advice and assistance to stakeholders with the implementation of major new legislation, including:

During the year, the Victorian Parliament also passed the Charter of Human Rights and Responsibilities Act 2006, which establishes a • The Courts Legislation (Jurisdiction) Act 2006, charter of rights and responsibilities and requires which introduced major changes to committal public bodies to observe these rights when they procedures in the Magistrates’ Court create laws, set policies and provide services.The • The Public Prosecutions Amendment OPP provided advice and assistance to agencies Act 2007, which clarifies aspects of working within the criminal justice system the role of the DPP and the OPP and on implementing the Charter.The OPP also facilitates cooperation between State and reviewed its own practices to ensure compliance Commonwealth DPPs. with the Charter.

The OPP also advised the Victorian Government LAW REFORM on the impact, costs and potential risks associated with implementing the AttorneyDuring the year, the OPP responded to law reform inquiries and discussion papers, including: General’s Justice Statement and delivering the • The Department of Justice’s Appeal Costs in Government’s 2006 election commitments.

Victoria Discussion Paper • The Sentencing Advisory Council’s discussion paper on formalising a sentence indications scheme in Victoria’s courts • The Victorian Law Reform Commission’s Review of the Bail Act 1977 • The Department of Justice’s Review of Investigation Powers Discussion Paper • The Sentencing Advisory Council’s review of the continued detention and supervision of high-risk offenders.

The OPP participated in – and provided assistance to – the Sentencing Advisory Council’s Review of Maximum Penalties for Preparatory Offences (offences involving conduct that is intended to facilitate the future commission of an offence such as theft, robbery and burglary).

INNOVATIVE COURT SERVICES The OPP provided advice to the Victorian Government on the development and implementation of innovative court programs aimed at reducing re-offending, including: • A new therapeutic diversion program for 15 to 18 year olds who are alleged to have committed sexual offences • A new therapeutic treatment model for 10 to 14 year old offenders and the establishment of a Therapeutic Treatment Board to advise on whether criminal or protective intervention is appropriate for child sexual offenders • Australia’s first multi-jurisdictional Neighbourhood Justice Centre based in the City of Yarra.

OPP ANNUAL REPORT 2006/07 PAGE 45

Our Performance

PROFILE

KAREN ARGIROPOULOS SENIOR SOLICITOR POLICY, ADVISINGS AND COURT OF APPEAL

Karen Argiropoulos doesn’t know what it’s like to be bored at work.“No day here is ever the same,” she says of her role as Senior Solicitor with the OPP’s Policy, Advisings and Court of Appeal (PACA) section.“We have a very diverse practice and are always working on something novel or unusual.”

A graduate of the OPP’s Articled Clerk program, Karen remained with the office after completing her articles in 2001. During her three years with the PACA section, Karen’s work has covered a wide range of matters, including appeals to the Court of Appeal and the High Court, and interstate and overseas extraditions. “Extraditions are an aspect of the work that I really enjoy,” she says, “because we have to work collaboratively with various people and organisations – from local and foreign police to the Commonwealth Attorney-General’s Department.They also involve learning about how legal systems in other countries operate.”

Karen also contributes to the PACA section’s legal policy and law reform work, participating in advisory committees and making submissions to the Victorian and Commonwealth governments on legal issues with broader implications for the criminal justice system. She has a strong interest in the rights of victims and has recently worked on the implementation of the Victims’ Charter to ensure that victims are better supported through the court process.

Karen gets great satisfaction from knowing that the impact of her work with the PACA unit extends across the criminal justice system: “Almost everything we do in this section impacts not only upon the lives of individuals, but also on the operation of the criminal justice system as a whole – which leads to feelings of great satisfaction and passion about the work that we do.”

Karen believes the OPP offers the best workplace in Victoria for lawyers with an interest in criminal law. “You have opportunities to gain exposure to so many different aspects of the criminal law,” she says. “But most importantly, you will have a really rewarding and valuable job.”

Karen Argiropoulos – making a difference.

“We have a very diverse practice and are always working on something novel or unusual.”

Karen Argiropoulos Senior Solicitor Policy, Advisings and Court of Appeal

PAGE 46

Our Performance

OPP REPRESENTATION ON COMMITTEES AND ADVISORY GROUPS During 2006/07, the OPP participated in around 40 external committees and advisory groups, providing expert input and advice on a range of matters, including the introduction of new legislation, procedural and operational changes in the courts and the development of new programs for young offenders. A sample of these groups is listed below.

Committee

Purpose

Chair

Child Witness Service Advisory Group

Oversee implementation of the child witness service

DOJ

County Court Criminal Users Group

Discuss and resolve issues relating to the County Court’s criminal jurisdiction

County Court

Criminal Justice Enhancement Program (CJEP) Steering Committee

Oversee information and knowledge management initiatives within the criminal justice system

DOJ

Criminal Justice System Steering Committee

Identify and address issues relating to the operation of the Victorian criminal justice system

DOJ

Criminal Law Justice Statement Advisory Committee

Implement the Victorian Attorney-General’s Justice Statement

DOJ

Expediting Evidentiary Procedure and Analysis Steering Committee

Develop an interagency approach to managing indictable drug cases

Victoria Police

Human Rights Litigation Strategy

Identify and develop strategies to address the impact of the Charter of Human Rights and Responsibilities on prosecutions

Victorian Government Solicitor

Judicial College of Victoria’s Multidisciplinary Steering Committee (Sexual Assault)

Provide advice in relation to education on sexual assault for members of the judiciary and the wider legal profession

JCV

Law Institute of Victoria – Criminal Law Committee

Discuss matters relating to the practice of criminal law in Victoria

Law Institute

Magistrates’ Court Peak Bodies Forum

Discuss issues relating to the Magistrates’ Court 2015 Project

DOJ

Melbourne Magistrates’ Court Criminal Court Users Group

Discuss and resolve issues relating to the Magistrates’ Court criminal jurisdiction

Melbourne Magistrates’ Court

Mutual Assistance Act Liaison Officers Group

Respond to requests for mutual assistance from other countries

Commonwealth Attorney-General

OPP/Victoria Police Consultative Forum

Discuss issues of mutual concern to OPP and Victoria Police

Victoria Police

Project Reference Group – Early Intervention Program for 15 to 18 year old Sexual Offenders

Oversee development of a therapeutic diversion program DOJ for young sexual offenders

Sexual Assault Advisory Committee

Discuss and have input into implementation and delivery of sex offence reforms in the criminal justice system

DOJ

Sexual Assault Steering Committee

Oversee and coordinate reforms to the criminal justice system to address sexual assault

DOJ

Statewide Steering Committee to Reduce Sexual Assault

Advise the Victorian Government on improving responses to sexual assault

Victoria Police and Office of Women’s Policy

Victims’ Charter Executive Steering Committee

Oversee the implementation of the Victims’ Charter

DOJ

Victorian Law Reform Commission Bail Advisory Group

Provide advice to the Commission’s review of the Victorian Bail Act

VLRC

Victorian Sentencing Manual Editorial Committee

Oversee updates to the online Victorian Sentencing Manual

Judicial College of Victoria

OPP ANNUAL REPORT 2006/07 PAGE 47

Our Performance

Strengthening corporate governance and capability ORGANISATIONAL REVIEW The Office of Public Prosecutions continues to strengthen our capability to deliver a high quality prosecutions service within a modern legal practice. In 2006/07, we commenced a substantial upgrade of our corporate governance framework, including an extensive updating of internal policies and procedures, a major review of briefing practices and the modernisation of administrative functions within the office.

Over the next decade, Victoria’s public prosecutions service faces some significant challenges. To ensure that we have the capability to meet these challenges – and continue to provide a high quality service to the Victorian community – the OPP is making significant changes and improvements to our structure, functions and corporate governance framework.

As well as recommending reforms to the OPP’s legal practice, the major organisational review – A Blueprint for Effective, Efficient and Economical Prosecutions – also recommended major changes to the office’s administrative functions, management practices and office systems. The OPP has commenced implementation of these recommendations – including consultation with staff – a process that will continue in 2007/08.

BRIEFINGS REVIEW Expenditure on briefing fees to private counsel has been rising steadily over the last five years.

systems and better match barristers with cases (in terms of experience and specialty).

REVIEW OF FUNCTIONS The OPP commenced a review of key legal support and administration functions, aiming to improve the quality and consistency of our prosecutions service and make better use of our available resources. Major actions taken in 2006/07 included: • Reviewing the resources of the OPP library and developing a plan for the more effective use of reference resources, including the creation of an internal online archive of legal information relevant to prosecutions

• Commencing a review of information During the year, the OPP commenced a full technology services within the office to review of its briefing practices to ensure that develop a strategy for the future delivery of we are adopting a best practice approach and these services achieving value for money in our engagement • Reviewing the Finance and Human with the Victorian Bar. The review covers Resources units to ensure they can meet internal OPP practices, as well as those the demands of a modern legal practice, followed by barristers and their clerks, and provide the basis for informed decisionaims to enhance monitoring and accountability making about financial and human resources processes, improve invoicing and payment

EXPENDITURE ON EXTERNAL COUNSEL 30

25 PERCENTAGE

Expenditure on external counsel has continued to increase. In 2006/07, the OPP spent $10.67 million on external counsel, over 26 per cent of the office’s total expenditure

20

15

10

5

0 1999-2000

2000-01

2001-02

2002-03

2003-04

YEAR

PAGE 48

2004-05

2005-06

2006-07

Our Performance

COMMITTEE FOR PUBLIC PROSECUTIONS REPORT FOR 2006/07 The Committee for Public Prosecutions is a committee established by section 42 of the Public Prosecutions Act 1994 (the Act). The Committee provides general advice on the operation of the prosecutorial system and also has a number of specific functions as outlined in the Act.

within the office and support ongoing growth and change across the OPP. CORPORATE GOVERNANCE During the year, the OPP’s corporate governance framework was reviewed and upgraded in several critical areas, including:

The specific functions include the establishment of various guidelines. These comprise guidelines relating to appearance work by OPP staff, guidelines on the treatment of victims of crime by the prosecutorial system and guidelines on the circumstances under which some decisions are not to be considered ‘special decisions’ under the Act. The Committee may also give directions to the police force and others about offences or classes of offences to be referred to the Director and can recommend to the AttorneyGeneral the removal from office of any Crown Prosecutor.

As at 30 June 2007, the committee members were: • Paul Coghlan QC – Director of Public Prosecutions (chairperson)

• Commencing development of a Risk Management Project, Management Framework and business plan to provide a rigorous risk management strategy in implementing key business activities

• Jeremy Rapke QC – Chief Crown Prosecutor

• Undertaking substantial updating and amendment of internal policies and procedures to ensure the OPP is complying with legislative and common law changes and keeping pace with community expectations

The Committee met once during the reporting period and discussed each of its functions, in particular its role in establishing the various guidelines noted above.

• Streamlining and getting better value for money in the purchase of office requisites by joining the Victorian Government’s Whole of Government contracts scheme.

CRIMINAL JUSTICE ENHANCEMENT PROGRAM The OPP continues to provide support for the Criminal Justice Enhancement Program (CJEP), which aims to improve access, quality and efficiency across the criminal justice system through the use of information and communications technology (ICT).

COMMITTEES As part of its corporate governance responsibilities the following committees and meetings were held regularly in 2006/07: • OH&S committee • Senior leadership meetings • Internal audit committee (including the Finance Committee) • Program Manager Committees

• Angela Cannon – Solicitor for Public Prosecutions • Julian Gardner – a person appointed by the Governor in Council and Victoria’s Public Advocate from February 2000 to April 2007

In relation to appearance work by OPP staff, the Committee noted that formal guidelines have not previously been issued. In the coming year, the Committee intends to develop guidelines for appearance work. Any guidelines will take into account current practices, as well as the implementation of a new early resolution initiative that will be undertaken in 2007/08. The OPP’s current review of briefing practices of the external Bar will also have an impact on the development of any appearance guidelines.

Regarding victims of crime, the Committee considered the guidelines issued in 1998 and agreed that further work could be undertaken in the next financial year to review these, in light of the introduction of the Victims’ Charter and its impacts.

In relation to special decisions, it was noted that the number of matters requiring special decisions has decreased. In 2007/08, the Committee will give further consideration to the need to issue Practice Notes relating to special decisions, given the history of special decisions and the impact of recent legislative amendments.

PAUL COGHLAN QC Director of Public Prosecutions JEREMY RAPKE QC Chief Crown Prosecutor ANGELA CANNON Solicitor for Public Prosecutions JULIAN GARDNER Person Appointed by the Governor-in-Council

OPP ANNUAL REPORT 2006/07 PAGE 49

Our Performance

SUMMARY OF FINANCIAL PERFORMANCE A summary of the OPP’s financial performance in 2006/07 is set out below. Full financial details for 2006/07 are outlined in the Financial section of this report commencing on page 61.

For the financial year ended 30 June 2007, the Office of Public Prosecutions recorded an operating surplus of $10,000. Revenue increased from 2005/06 by $5.3 million due to tied funding.

Expenditure on programs such as the Specialist Sex Offence Unit resulted in total expenditure increasing proportionally by $5.3 million. Breakdowns of revenue and expenditure are set out below.

Net cash flows from operating activities have remained stable over the last three years.

Total assets and liabilities have increased from 2005/06 due to an increase in both debtors and payables resulting from improved procedures that more accurately collect information relating to outstanding counsel fees.The majority of the OPP’s assets represent property plant and equipment and the majority of liabilities represent provisions for employee entitlements.

FIVE YEAR FINANCIAL SUMMARY 2007 $’000

2006 $’000

2005 $’000

2004 $’000

2003 $’000

Total revenue

40,138

34,841

29,948

24,979

23,894

Total expenses

40,128

34,807

31,309

27,659

24,110

10

34

(1,361)

(2,680)

(216)

Net results for year Net cash flows from operating activities Total assets Total liabilities

272

323

299

378

166

6,657

3,546

3,427

3,710

4,681

10,053

7,349

7,152

6,428

4,731

OFFICE OF PUBLIC PROSECUTIONS 2006-07 TOTAL REVENUE $’000

OFFICE OF PUBLIC PROSECUTIONS 2006-07 TOTAL EXPENSES 57% EMPLOYEE RELATED EXPENSES 87% CORE FUNDING

5% PROPERTY RENT AND MAINTENANCE 2% WITNESS EXPENSES

13% TIED FUNDING

2% OTHER OPERATING EXPENSES 28% PROFESSIONAL SERVICES

4% OFFICE EXPENSES 1% TRAVEL & ACCOMMODATION 1% DEPRECIATION & AMORTISATION

PAGE 50

Our Performance

PROFILE

OPP future career paths…

DANIELLE GUESDON SOLICITOR BAIL AND BREACHES

Working at the OPP has opened up valuable experiences and opportunities for Danielle Guesdon, enabling her to consider a career as a barrister.

Danielle joined the OPP in 2004 after working as an Associate in the Supreme Court. Her work within the Bail and Breaches section includes preparing affidavits for Supreme Court bail applications and appearing in matters appealed from the Magistrates’ Court. Danielle also prepares breaches of sentencing orders such as suspended sentences and community based orders. In these cases, her work also includes laying charges, effectively acting as the informant rather than the police.

Danielle moved to Bail and Breaches from the Committals Advocacy section of the office. “I really enjoyed the court work in the Committals section,” she says, “and the attractive part of working in the Bail and Breaches section is the advocacy work.The opportunity to appear in the Supreme Court is a high point.”

One of the greatest challenges in Danielle’s work is managing the large caseload that passes through the Bail and Breaches section. “We handle a high volume of cases, which will inevitably increase as more and more sentences are handed down,” she says. “It’s certainly an ongoing challenge for the OPP to continue to stay on top of it.”

Danielle also enjoys working in an environment with a high degree of autonomy and responsibility.

Danielle is leaving the OPP later in the year to go to the private bar.“I am going to the private bar to obtain ongoing court experience in more complex matters,” she says,“but I value the opportunities that working in prosecutions with the OPP has provided and I have really enjoyed my work at the OPP.”

Danielle Guesdon – making a difference.

“I value the opportunities that working in prosecutions with the OPP has provided and I have really enjoyed my work at the OPP.” Danielle Guesdon Solicitor Bail and Breaches

OPP ANNUAL REPORT 2006/07 PAGE 51

Our Performance

Building a high performing workplace and becoming an employer of choice The OPP is committed to providing the modern environment our staff need to do their work efficiently and effectively, and to meet the demands of a 21st century prosecution service.

During 2006/07, the OPP made extensive changes to our practices, procedures and structure to improve and modernise working conditions and to ensure that we attract and retain the best people as an employer of choice.

As prosecutions become increasingly complex and demanding, it is essential that the staff of the OPP have the modern tools and work environment they need to do their jobs effectively. We recognise that a high performing workplace is also critical to encouraging the takeup of innovative work practices and to keeping the OPP at the forefront of improvements in the operation and administration of Victoria’s criminal justice system.

RECRUITMENT In 2006/07, the OPP commenced a national recruitment drive for Senior Solicitors, Solicitors and Specialist Advocates. During the year, we also recruited a number of solicitors and paralegal, financial and administrative staff to the office. We also reviewed and significantly enhanced our recruitment interviewing practices.

BETTER CAREER OPPORTUNITIES The OPP continues to develop more structured career paths and improve career opportunities in public prosecutions to attract and retain talented staff. In 2006/07, we introduced new promotion processes for junior lawyers within the office, enabling the OPP to offer better career opportunities for existing employees and more attractive career prospects when recruiting staff.

PAGE 52

In 2007, we commenced recruitment of five Solicitor Advocates – a new role within the office. Working with a designated Crown Prosecutor, Solicitor Advocates will initially be responsible for negotiating the early resolution of cases. They will then move on to prosecute pleas in the County Court. The OPP plans to further develop these roles to open up a career path from solicitor to Crown Prosecutor.

A MODERN WORK ENVIRONMENT In 2006/07, the OPP completed a prototype fitout of workstations as part of the establishment of the new Specialist Sex Offences Unit, completed the re-design and upgrade of a number of work environments and made improvements to facilities, equipment and accommodation within the office.

We are committed to building a modern information management culture within the office and undertook a major IT refreshment program in 2006/07, updating more than half of the OPP’s PCs and laptops.

IMPROVED HR AND OH&S PRACTICES During the year, the OPP conducted an extensive review of Human Resources arrangements and practices. As a result of the review, the OPP separated administration and facilities management from HR functions, incorporated staff development activities within HR and commenced the upgrading of payroll and leave management systems.

We also established a new Performance Management system for all OPP staff.

Preparations commenced for a Workload Review, to be conducted in July 2007. Led by an independent consultant supported by a working party of OPP and Union representatives, the review will examine workloads within the office and identify where changes can be made to improve the management of workloads.

During 2006/07, the OPP also implemented

several OH&S initiatives aimed at improving employee safety and the practices involved in the manual handling of heavy case files.

ARTICLED CLERKSHIP PROGRAM The high quality of the OPP’s Articled Clerkship Program is widely recognised.

In 2006/07, we continued to offer a comprehensive program, providing Clerks with a challenging and diverse experience, including extensive casework and appearances in courts and tribunals.

In 2006/07, six law graduates completed their Articles and were offered ongoing employment with the OPP. Five new Clerks commenced their Articles in March 2007.

In 2007, we introduced a new Assessment Centre process for recruiting Articled Clerks.

Around 150 graduates applied for admission to the program, with nine people being selected by the OPP to commence Articles in 2008.

PROFESSIONAL DEVELOPMENT AND CLE The OPP conducted a wide-ranging professional development and Continuing Legal Education program throughout 2006/07, giving our staff the opportunity to learn about changes to the law, keep up to date with practices and procedures, and discuss issues of relevance to their work.

Our Performance

PROFILE

LISA MENDICINO SENIOR SOLICITOR COMMITTALS ADVOCACY

Family friendly work practices at the OPP are enabling Lisa Mendocino to successfully combine family life with her career as a solicitor. Since completing her Articles with the OPP seven years ago, Lisa has worked in several parts of the office and has recently returned to part-time work in the Committals Advocacy section (CAS) after having her first child.

“Our primary role within CAS is the early resolution of cases,” Lisa says.

“That involves negotiating with the police and defence counsel – and it also involves consulting a Crown Prosecutor as to what charges we’re willing to accept in order to obtain a guilty plea.To get this result, the informant has to be happy, the defence counsel has to be happy and the victim is also involved in the process as their opinion is always taken into account. It’s quite a balancing act at times.”

Lisa enjoys the collaborative atmosphere within CAS. “We all work closely as a team and we all feel as if we are making a difference,” she says. “The added bonus for me is that I really enjoy the court work, the adrenaline of thinking on your feet and working in the law generally. I can’t imagine myself doing anything else.

“When a victim of a crime comes up to me and says that they feel that there has been a just and fair outcome for what has happened to them, then there is a real sense of reward. I really feel that it is important work.”

Lisa has just returned from maternity leave.“My little boy is now eleven and a half months old and coming back to work three days a week means that I can focus on my work but also spend enough time with him. It’s really important to me to be able to achieve that work life balance,” she says.

Lisa praises the OPP’s support for her preference to work part-time at this stage of her career. “The OPP has been really great throughout this period,” she says. “They’ve been very supportive and generally the office is very family friendly. It’s a great place to work and people are very committed to what they do. I’m very happy here.

Lisa Mendicino – making a difference.

“When a victim of a crime comes up to me and says that they feel that there has been a just and fair outcome for what has happened to them, then there is a real sense of reward.”

Lisa Mendicino Senior Solicitor Committals Advocacy

OPP ANNUAL REPORT 2006/07 PAGE 53

Our Performance

PROFESSIONAL DEVELOPMENT PROGRAM The OPP’s 2006/07 professional development program covered a wide range of topics and extended across different areas of the law and legal practice. A sample of activities conducted as part of the program is listed below.

Title

Issue

Presenter

Changes to the Magistrates’ Court Committal Procedures

Outlining changes to committals procedures introduced by the Courts Legislation (Jurisdiction) Act 2006

Greg Byrne, Department of Justice

Crop houses and party drugs

Drug investigations from the Victoria Police perspective

Detective Sergeant Sandra Dorman, Victoria Police Crime Department

How to be a better advocate

Principles of advocacy and the advocacy skills needed by prosecutors

His Honour Magistrate Marc Sargent

Occupational health and safety

Principles of the Occupational Health and Safety Act 2004 and preparing occupational health and safety prosecutions

Tom Gyorffy, Crown Prosecutor

Post-mortem radiology

New directions and technologies in forensic pathology

Dr Noel Woodford, Victorian Institute of Forensic Medicine

Powers of the DPP

Powers and functions of the DPP

Paul Coghlan QC, DPP

Practice in the County Court

Issues relevant to the practice of OPP solicitors in the County Court

His Honour Chief Judge Michael Rozenes

Prosecuting in the Solomons

Stories and cases from a ‘tour of duty’ prosecuting in the Solomon Islands

Simon Cooper, Crown Prosecutor

Reflections on the Van Nguyen Case

Comparing Victoria’s prosecutions system with Singapore and Indonesia

Julian McMahon, Barrister

Sex Offences Reforms

Overview of new sex offences legislative reforms

Michele Williams, Senior Crown Prosecutor, and Bruce Gardner, Manager, PACA unit

Use of technology in the courtroom

Presenting evidence using electronic tools and technology

Jeremy Rapke QC, Chief Crown Prosecutor

Victims’ Charter

Introduction to the Victims’ Charter

Suzanne Whiting, Victims Support Agency, and Rachel Salter, Victoria Police

PAGE 54

Our Future Challenges

In the year ahead, the OPP will continue to work closely with stakeholders to improve the operation of the criminal justice system.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 55

Our Future Challenges

Looking ahead

Over the next 12 months, the Office of Public Prosecutions will make the changes needed to move forward as a high performing, modern legal practice – one that inspires community trust and confidence in the quality, efficiency and fairness of public prosecutions in Victoria.

Over the coming year, the OPP will continue to consolidate and expand the culture of collaboration and dedication to providing a high quality prosecution service that exists within the office – and between the OPP, Crown Prosecutors and the DPP. We will also continue to work closely with Victoria Police, the courts, the Department of Justice and other agencies to improve the operation of the criminal justice system.

DELIVERING A HIGH QUALITY AND EFFECTIVE PROSECUTION SERVICE

with recommendations arising from the review of Victoria’s assets confiscations scheme • Continue to improve our use of audio visual technologies in presenting cases in court.

REDUCING DELAYS IN THE CRIMINAL JUSTICE SYSTEM The OPP will continue to improve our own practices and work with other stakeholders to reduce delays across the system. We will: • Use new Specialist Advocates to achieve earlier resolution of matters and reduce the number of cases proceeding to trial • Implement the briefings review to improve the way in which the OPP engages and briefs private counsel • Continue to work with Victoria Police to implement strategies to reduce delays caused by drug, DNA and transcript analysis • Improve collaboration with other stakeholders to reduce delays in regional Victoria

Over the next 12 months, the OPP will finalise • Maintain a strong focus on early resolution and implement our new organisational structure, of cases, especially at the case conference, work flow and case management processes. committal mention and committal stage of These new arrangements will significantly prosecutions. enhance our legal practice. We will also: • Monitor the operation of the Sexual Offences • Further develop our relationships with key Management list in the Magistrates’ Court. agencies and other stakeholders in the criminal PROVIDING BETTER SUPPORT FOR justice system VICTIMS AND WITNESSES • Continue to improve prosecution services in The OPP will continue to provide support to regional Victoria. victims and witnesses of serious crime. Over the PIONEERING INNOVATIVE APPROACHES TO PROSECUTIONS In the year ahead, the OPP will: • Consolidate the operations of the Specialist Sex Offences Unit and continue to provide information and training to external agencies about the Sexual Assault Reform Package • Continue to expand our expertise in asset confiscations and adapt our practice to deal

PAGE 56

next 12 months, we will:

across the OPP • Develop a publications component in the Witness Assistance Service and compile a training manual for regional Victoria.

DRIVING POLICY AND LAW REFORM In the year ahead, the OPP will: • Monitor the implementation of the Victims’ Charter and the Charter for Human Rights and Responsibilities • Continue to provide expert advice to stakeholders in the criminal justice system, particularly Victoria Police, Department of Justice, the courts and external organisations • Provide assistance on the implementation of new legislation and develop systems to monitor the impact of legislative change on the operation of the criminal justice system.

STRENGTHENING CORPORATE GOVERNANCE AND CAPABILITY Major changes to the OPP’s corporate governance framework, administrative functions, management practices and office systems will continue over the next 12 months. We will: • Complete and implement current major organisational reviews • Continue to develop the OPP Library’s legal information, expand the transition to online resources and increase the office’s use of internet and intranet technologies • Finalise and implement a plan for rationalising IT services between Department of Justice and the OPP

• Monitor the operation of the Specialist Sex • Continue to improve our data collection and Offences Unit to ensure that it meets the analysis, and case monitoring processes. needs and concerns of victims of sexual assault • Maintain our high standard of support to victims and witnesses and ensure their concerns are addressed in a timely and sensitive manner • Ensure compliance with the Victims’ Charter

Our Future Challenges

PROFILE

AMANDA FORRESTER CROWN PROSECUTOR

BUILDING A HIGH PERFORMANCE WORKPLACE AND BECOMING AN EMPLOYER OF CHOICE

Amanda Forrester moved from Perth to Melbourne in 2007 to take up a position as Crown Prosecutor, attracted by the “excellent reputation” of Victoria’s Crown Prosecutors and the opportunity to advance her career.

Over the next year, the OPP will: • Continue our major recruitment drive • Continue to provide comprehensive training, professional development and CLE opportunities for all staff • Work to accommodate all metropolitan OPP staff in the one location and continue to improve staff amenity, health and safety • Explore ways to further streamline and enhance Human Resources processes and systems.

“Advocacy is what I want to do and working as a Crown Prosecutor in Victoria gives me the chance to significantly expand my advocacy experience,” says Amanda.“The Victorian service also promotes a career path for prosecutors, meaning that you can consider a lifetime career as a prosecutor – and that is very attractive to me.”

Amanda enjoys the collegiate and supportive atmosphere within Victoria‘s Crown Prosecutors’ Chambers. “There are some amazingly qualified people working here,” she says,” and that gives me access to a huge amount of knowledge and experience.” She also praises the support provided to the Crown Prosecutors by the Office of Public Prosecutions: “They are very dedicated and hard working people who handle a significant workload and their contribution to prosecutions is invaluable.”

After nearly ten years working in prosecutions, Amanda continues to find her work interesting and satisfying. “My job changes every day,” she says.

“It’s unpredictable and it’s challenging.

“I like being involved in the justice system. I also like the fact that we serve the community, not a particular individual.That sense of broader community responsibility makes my work very rewarding.”

Amanda Forrester – making a difference.

“My job changes everyday. It’s unpredictable and it’s challenging.”

Amanda Forrester Crown Prosecutor

OPP ANNUAL REPORT 2006/07 PAGE 57

Our Future Challenges

TECHNOLOGY AND THE CRIMINAL JUSTICE SYSTEM Information and communications technology (ICT) is rapidly changing the way Victoria’s criminal justice system operates, helping to reduce delays, increase efficiency across the system and improve the presentation of evidence to the courts and juries.The OPP is at the forefront of these changes and is exploring new uses for ICT in its dayto-day operations and in its dealings with the police and the courts.

says that technology is “changing the way we prosecute”, with more and more evidence being presented using electronic visual formats.

Increasingly, it is not unusual for cases to include telephone intercepts, CCTV and security surveillance videos, mobile phone/digital camera images and crime scene material and defendant statements all presented to the court using DVD technology.

Over the last decade, rapid changes have occurred in the way legal information is presented, communicated and stored within the Victorian justice system. Changes affecting the OPP’s work include the establishment of an electronic case management system (PRISM), the electronic transfer of depositions (eDeps), the use of DVDs in court and police stations, audiovisual presentations of evidence in criminal trials, the electronic presentation of briefs and the online archiving of legal information.

The use of audio visual technology within the courts also allows evidence to be targeted more effectively. It allows more evidence to be presented to the court in less time – a great help to juries who often struggle to absorb large volumes of complex information. Jari Jancar sees prosecutors making even more effective use of technology as it becomes a more accepted – and expected – part of hearing a case.

“Technology has an enormous part to play in the theatre, the drama of the court system,” he says.

Rod Hume, Manager of the Audio Visual Unit at OPP, notes that there has been a significant increase in the use of technology across the criminal justice system over the last five to ten years. “When I first started in the OPP, there were three tape recorders and one TV monitor and most of the evidence was presented in written form,” he says. Now, the office has a suite of equipment, enabling it to deal with a wide range of technologies and formats.

The pace of cultural change occurring across the criminal justice system in the way people absorb, process and present information and evidence will continue to accelerate. For the OPP, the challenges in managing this change include training staff, working closely with other stakeholders to ensure consistency in formats and systems, and keeping up to date with the technical aspects of technologies used by law enforcement agencies for electronic surveillance and investigation.

Jari Jancar, Manager of the Information Technology Unit at the OPP,

PROFILE SHANE HIGGINS AUDIO VISUAL OFFICER AUDIO VISUAL SECTION “Challenging and fast-paced” is how Shane Higgins describes his job in the Audio Visual (AV) section of the OPP. Before coming to the OPP, Shane worked at the Victorian Government Reporting Service, servicing the audio visual equipment in the courts. “The OPP were a little short-staffed, so they approached me for a bit of fill-in work and that turned into a full time position. So here I am,” says Shane.

As one of only two staff in the AV section, Shane works mainly on editing the audio visual evidence that comes into the office from the OPP’s lawyers. “The lawyers tell us what they need for court and we format the evidence into an appropriate format and then edit it accordingly,” says Shane.The evidence can include records of interview, Crime Scene Videos, VATE tapes (where children are interviewed) and CCTV material.

Shane has been with the OPP for more than three years and finds the job very interesting and varied.“I get to work on many different kinds of things, so it’s always interesting,” he says.“Sometimes the material we see can be traumatic and disturbing – that can make it difficult, but it’s certainly never dull.”

The AV section started operation years ago with three tape recorders and

PAGE 58

a TV monitor. Now it has to deal with DVD, CCTV, various different digital formats, increasing levels of work from mobile phone/camera equipment and the rapidly increasing use of surveillance material. “We have come a long way, even since I’ve been here,” says Shane, “but we are up to speed from an equipment and technology perspective. However, the technology is changing very quickly and the demands for visual evidence are also increasing, so we certainly have some significant challenges in our section over the next 12 months.”

In the longer term, Shane would like to be involved in video editing, possibly in the film industry. “But that is much further down the road,” he says. For the foreseeable future, the important and varied work he is doing at the OPP is personally and professionally rewarding, as well as giving him a solid grounding for later professional and “Sometimes the material we see can be career challenges. traumatic and disturbing – that can make it difficult, but it’s certainly never dull.”

Shane Higgins Audio Visual Officer Audio Visual Section

Financial Report The OPP will continue to improve its own practices and work with other stakeholders to reduce delays across the system.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 59

Financials Index Operating Statement

61

Balance Sheet

62

Statement of Changes in Equity

63

Cash Flow Statement

63

Notes to the financial statements Note 1 Summary of significant accounting policies Note 2 Output of the office

66

Note 3 Net result from operations

66

Note 4 Remuneration of auditors

66

Note 5 Receivables

67

Note 6 Property, plant and equipment

67 – 68

Note 7 Payables and Accruals

68

Note 8 Interest bearing liabilities

69

Note 9 Provisions

69

Note 9(a) Employee entitlements

70

Note 10 Superannuation

70

Note 11 Equity and movements in equity

71

Note 12 Commitments for expenditure

71

Note 13 Contingent liabilities and contingent assets

71

Note 14 Leases

72

Note 15 Responsible persons

73

Note 16 Remuneration of executives

74

Note 17 Notes to cash flow statement

75

Note 18 Financial instruments Accountable officer’s and chief finance and accounting officer’s declaration Auditor General’s Report

PAGE 60

64 – 65

76 – 77 78 79 – 80

OPERATING STATEMENT

For the financial year ended 30 June 2007 Note

2007 $’000

2006 $’000

3(a)

40,138

34,841

40,138

34,841

(22,733)

(20,623)

Income Government Grants Total Income Expenses Employee benefits expense

3(b)

Depreciation and amortisation expense

3(c)

(445)

(394)

Supplies and services

3(d)

(16,911)

(13,741)

Other expenses Finance costs Total expenses

0

(15)

(39)

(34)

(40,128)

(34,807)

Net result from continuing operations

10

34

Net result for the period

10

34

The accompanying notes form part of these financial statements

OPP ANNUAL REPORT 2006/07 PAGE 61

BALANCE SHEET As at 30 June 2007

Note

2007 $’000

2006 $’000

Current assets Cash and cash equivalents Receivables

17

72

71

5

2,598

160

2,670

231

17

0

2,687

231

Plant and Equipment held for sale Total current assets Non-current assets Receivables

5

633

480

Property, plant & equipment

6

3,337

2,835

Total non-current assets

3,970

3,315

Total assets

6,657

3,546

Current liabilities Payables Interest bearing liabilities Provisions

7

3,117

1,102

8,14

367

155

9

5,570

5,178

25

23

9,079

6,458

Other Total current liabilities Non-current liabilities 8,14

341

411

9

633

480

974

891

Total liabilities

10,053

7,349

Net assets

(3,396)

(3,803)

1,957

1,560

Interest bearing liabilities Provisions Total non-current liabilities

Equity Contributed capital

11

Reserves

11

240

240

Accumulated surplus(deficit)

11

(5,593)

(5,603)

(3,396)

(3,803)

Total equity Contingent liabilities and contingent assets

13

Commitments for expenditure

12

The accompanying notes form part of these financial statements

PAGE 62

STATEMENT OF CHANGES IN EQUITY For the financial year ended 30 June 2007

2007 $’000

2006 $’000

(3,803)

(3,725)

11(a)

0

(115)

0

(115)

11(c)

10

34

10

(81)

Transactions with the State in its capacity as owner

11(b)

406

3

Equity transfers within Government

11(b)

Note

Total equity at beginning of financial year Gain/(loss) on property revaluation Net income recognised directly in equity Net result for the period Total recognised income and expense for the period

(9)

0

(3,396)

(3,803)

2007 $’000

2006 $’000

37,913

34,690

(37,602)

(34,333)

(39)

(34)

272

323

Payments for property, plant and equipment

(154)

(242)

Net cash provided by/(used in) investing activities

(154)

(242)

(117)

(81)

(117)

(81)

1

0

71

71

72

71

Total equity at end of financial year The accompanying notes form part of these financial statements

CASH FLOW STATEMENT

For the financial year ended 30 June 2007 Note Cash flows from operating activities Receipts from Government Payments to suppliers and employees Interest and other costs of finance paid Net cash provided by/(used in) operating activities

17(b)

Cash flows from investing activities

Cash Flows from financing activities Repayment of finance lease Net cash provided by/(used in) financing activities Net increase (decrease) in cash held Cash at the beginning of the financial year Cash and cash equivalents at the end of the financial year

17(a)

The accompanying notes form part of these financial statements

OPP ANNUAL REPORT 2006/07 PAGE 63

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 1.

SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Statement of compliance The financial report is a general purpose financial report which has been prepared on an accrual basis in accordance with the Financial Management Act 1994, applicable Australian Accounting Standards, Interpretations and other mandatory professional requirements.

Accounting Standards include Australian equivalents to International Financial Reporting Standards (‘A-IFRS’).

(c) Goods and services tax Revenues, expenses and assets are recognised net of the amount of goods and services tax (GST). The Department of Justice manages the GST transactions on behalf of the Office of Public Prosecutions (OPP), the GST components of OPP’s receipts and / or payments are recognised in the Department’s financial statements.

The financial statements were authorised for issue by J Bafit (Chief Finance and Accounting Officer - Office of Public Prosecutions) on 17 September, 2007.

(d) Interest bearing liabilities Interest bearing liabilities are recorded initially at fair value, net of transaction costs.

Basis of preparation The financial report has been prepared on the basis of historical cost, except for the revaluation of certain non-current assets and financial instruments. Cost is based on the fair values of the consideration given in exchange for assets.

In the application of A-IFRS, management is required to make judgements, estimates and assumptions about carrying values of assets and liabilities that are not readily apparent from other sources. The estimates and associated assumptions are based on historical experience and various other factors that are believed to be reasonable under the circumstances, the results of which form the basis of making judgements. Actual results may differ from these estimates.

Subsequent to initial recognition, interest bearing liabilities are measured at amortised cost with any difference between the initial recognised amount and the redemption value being recognised in profit and loss over the period of the interest bearing liability using the effective interest rate method. (e) Borrowing costs Borrowing costs are recognised as expenses in the period in which they are incurred, and include interest on finance lease charges. (f) Cash and cash equivalents Cash and cash equivalents comprise cash on hand and cash in banks.

(g) Contributions by owners Additions to net assets that have been designated as contributions by owners are recognised as contributed capital. Other transfers The estimates and underlying assumptions are reviewed on an ongoing that are in the nature of contributions or distributions have also basis. Revisions to accounting estimates are recognised in the period in been designated as contributions by owners. which the estimate is revised if the revision affects only that period or (h) Depreciation in the period of the revision and future periods if the revision affects Depreciation is provided on property, plant and equipment, both current and future periods. including freehold buildings but excluding land. Depreciation is Judgements made by management in the application of A-IFRS that generally calculated on a straight-line basis so as to write off the have significant effects on the financial statements and estimates with net cost or other revalued amount of each asset over its expected a significant risk of material adjustments in the next year are disclosed useful life to its estimated residual value. Leasehold improvements throughout the notes to the financial statements. are depreciated over the period of the lease or estimated useful Accounting policies are selected and applied in a manner which life, whichever is the shorter, using the straight-line method. The ensures that the resulting financial information satisfies the concepts estimated useful lives, residual values and depreciation method are of relevance and reliability, thereby ensuring that the substance of the reviewed at the end of each annual reporting period. underlying transactions or other events is reported.

The following estimated useful lives are used in the calculation of The accounting policies set out below have been applied in preparing the financial statements for the year ended 30 June 2007 and the comparative information presented in the financial statements for the year ended 30 June 2006. (a) Reporting entity All funds through which the Office controls resources to carry on its functions have been included in this financial report.

Non-current assets All non-current assets, including Crown Land, controlled by the Office are reported in the balance sheet. (b) Objectives and funding The Office’s objectives are to conduct an effective, economical and efficient prosecution service as an integral part of the criminal justice system. The service, provided by the OPP, must meet community expectations of fairness, impartiality and independence in the application of criminal law.

The Office is predominantly funded by grants from the Department of Justice.

PAGE 64

depreciation: Plant & Equipment Leasehold Improvements

2007 5 - 15 Years 10 Years

2006 5 -15 Years 10 Years

(i) Employee benefits Provision is made for benefits accruing to employees in respect of wages and salaries, annual leave, long service leave, and sick leave when it is probable that settlement will be required and they are capable of being measured reliably.

Provisions made in respect of employee benefits are to be measured based on their expected settlement. Provisions that are expected to be settled within 12 months are measured at their nominal values using the remuneration rate expected to apply at the time of settlement. Provisions that are not expected to be settled within 12 months are measured as the present value of the estimated future cash outflows to be made by the Office in respect of services provided by the employees up to reporting date.

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 1.

SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) Regardless of the expected timing of settlement, provisions made in respect of employee benefits are classified as a current liability unless there is an unconditional right to defer the settlement of the liability for at least 12 months after the reporting date, in which case it is classified as a non-current liability. Provisions made for annual leave and unconditional long service leave are classified as a current liability where the employee has a present entitlement to the benefit. A noncurrent liability would include long service leave entitlements accrued for employees with less than 7 years of continuous service.

Superannuation Defined contribution plans Contributions to defined contribution superannuation plans are expensed when incurred.

Defined benefit plans The amount charged to the operating statement in respect of defined benefit plan superannuation represents the contribution made by the Office to the superannuation plan in respect to the current services of current Office staff. Superannuation contributions are made to the plans based on the relevant rules of each plan.

The Office does not recognise any defined benefit liability in respect of the superannuation plan because the Office has no legal or constructive obligation to pay future benefits relating to employees; its only obligation is to pay superannuation contributions as they fall due.

The Department of Treasury and Finance administers and discloses the State’s defined benefit liabilities in its financial report. (j) Leased assets Leases are classified as finance leases whenever the terms of the lease transfer substantially all the risks and rewards of ownership to the lessee. All other leases are classified as operating leases.

Assets held under finance leases are recognised as assets of the Office at their fair value or, if lower, at the present value of the minimum lease payments, each determined at the inception of the lease.The corresponding liability to the lessor is included in the balance sheet as a finance lease obligation.

Lease payments are apportioned between finance charges and reduction of the lease obligation so as to achieve a constant rate of interest on the remaining balance of the liability. Finance charges are charged directly against income.

Finance lease assets are amortised on a straight-line basis over the estimated useful life of the asset.

Operating lease payments are recognised as an expense on a straightline basis over the lease term, except where another systematic basis is more representative of the time pattern in which economic benefits from the leased asset are consumed. (k) Non-current physical assets Land and buildings are measured at fair value. Plant, equipment and vehicles are measured at cost less accumulated depreciation and impairment.

asset are not taken into account until it is virtually certain that the restrictions will no longer apply.

During the reporting period, the Office may hold cultural assets, heritage assets, Crown land and infrastructures.

Such assets are deemed worthy of preservation because of the social rather than financial benefits they provide the community.The nature of these assets means that there are certain limitations and restrictions imposed on their use and/or disposal. (l) Payables Payables are recognised when the Office becomes obliged to make payments resulting from purchase of goods and services. (m) Resources provided and received free of charge or for nominal consideration Contributions of resources and resources provided free of charge or for nominal consideration are recognised at their fair value.

Contributions in the form of services are only recognised when a fair value can be reliably determined and the service would have been purchased if not donated. (n) Revenue recognition Amounts disclosed as revenue are, where applicable, net of returns, allowances and duties and taxes.

Revenue from the outputs the Office provides to government is recognised when those outputs have been delivered and the relevant Minister has certified delivery of those outputs in accordance with specified performance criteria. (o) Revaluations of non-current assets Non-current physical assets measured at fair value are revalued with sufficient regularity to ensure that the carrying amount of each asset does not differ materially from its fair value.This revaluation process normally occurs every five years Revaluation increments are credited directly to equity in the revaluation reserve, except that, to the extent that an increment reverses a revaluation decrement in respect of that class of asset previously recognised as an expense in the net result, the increment is recognised as income in determining the net result.

Revaluation decrements are recognised immediately as expenses in the net result, except that, to the extent that a credit balance exists in the revaluation reserve in respect of the same class of assets, they are debited to the revaluation reserve.

Revaluation increases and revaluation decreases relating to individual assets within a class of property, plant and equipment are offset against one another within that class but are not offset in respect of assets in different classes.

Revaluation reserves are not transferred to accumulated surplus on derecognition of the relevant assets. (p) Rounding of amounts Amounts in the financial report have been rounded to the nearest thousand dollars, or in other cases, to the nearest dollar.

Crown land is measured at fair value with regard to the property’s highest and best use after due consideration is made for any legal or constructive restrictions imposed on the land, public announcements or commitments made in relation to the intended use of the land.

Theoretical opportunities that may be available in relation to the OPP ANNUAL REPORT 2006/07 PAGE 65

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 2.

OUTPUT OF THE OFFICE Description of output group: The number of briefs prepared for hearings and the attendance at hearings on behalf of the Director of Public Prosecutions.

Outcome expected: An effective, economical and efficient prosecution service which is an integral part of the criminal justice system.

As there is only one output group within the Office, related revenue and expenditure is outlined in the Operating Statement.

NOTE 3.

NET RESULT FROM OPERATIONS 2007 $’000

2006 $’000

40,138

34,841

40,138

34,841

16,829

15,580

Income (a) Income from Government Grants for continuing operations Expenses (b) Employee benefit expense Salary and wages Superannuation

1,487

1,465

Annual leave and long services leave expense

2,594

1,984

1,823

1,594

22,733

20,623

Depreciation of non-current assets

148

131

Amortisation of non-current assets

297

263

445

394

Other on-costs (fringe benefits tax, payroll tax and workcover levy) (c) Depreciation and amortisation expense

(d) Supplies and Services 11,863

9,195

2,069

2,035

Information Technology

354

332

Printing, Stationery & Library Expenses

717

620

Postage, Communication & Office Expenses

717

634

Interpreters

290

249

Other operating expenses

886

659

15

17

16,911

13,741

2007 $’000

2006 $’000

15

14

15

14

Professional services and witness payments (i) Rent and Property

Audit Services (i) The accrual for determining counsel’s fees has increased due to improved procedures that collect more accurate information relating to outstanding counsel services.

NOTE 4.

REMUNERATION OF AUDITORS

Victorian Auditor-General’s Office Audit of the financial report

PAGE 66

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 5.

RECEIVABLES 2007 $’000

2006 $’000

Current 39

41

(29)

0

Amounts owing from Department of Justice

2,588

119

Aggregate carrying amount of receivables

2,598

160

Amounts owing from Department of Justice

633

480

Aggregate carrying amount of receivables

633

480

2007 $’000

2006 $’000

740

740

740

740

Leasehold improvements - at cost

2,249

1,784

Less: Accumulated amortisation

(833)

(654)

1,416

1,130

2,156

1,870

At cost

1,412

1,342

Less: Accumulated depreciation

(945)

(988)

467

354

Debtors Allowance for doubtful debts

Non-current

NOTE 6.

PROPERTY, PLANT AND EQUIPMENT

Land Freehold land At fair value*

Leasehold improvements

Total land and leasehold improvements Plant, equipment

866

685

(178)

(102)

688

583

1,155

937

3,311

2,807

At independent valuation **

26

28

Total cultural assets

26

28

3,337

2,835

Plant and equipment under finance lease (at cost) Less: Accumulated amortisation

Total plant and equipment

Cultural assets

Total * Valuation was carried out in June 2006. ** Valuation was carried out in May 2003.

OPP ANNUAL REPORT 2006/07 PAGE 67

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 6 PROPERTY, PLANT AND EQUIPMENT (CONTINUED) Reconciliations Reconciliations of the carrying amounts of each of property, plant and equipment at the beginning and end of the current and previous financial year are set out below: Leasehold Freehold Land Improvements at cost at fair value $’000 $’000 Balance at 1 July 2005

855

1,305

Additions

Plant & Equipment Cultural Asset at cost at fair value $’000 $’000 259

27

241

1

Leased plant & equipment at cost $’000

Total $’000

421

2,867 242

Additions Leased

247

Disposals - written down value Net revaluation increments/ decrements

(15)

(115) 3

Depreciation/amortisation expense Balance as 1 July 2006

(15)

(115)

Net transfers free of charge

(178) 740

Additions

3 (131)

1,130

354

465

269

28

(85)

(394)

583

2,835

441

1,175

(201)

(211)

Additions Leased

0

Disposals - written down value

(8)

(2)

Net revaluation increments/ decrements

0

Classified as held for sale

(17)

(17)

(118)

(445)

688

3,337

Net transfers free of charge

0

Depreciation/amortisation expense Balance at 30 June 2007

740

(179)

(148)

1,416

467

26

NOTE 7.

PAYABLES AND ACCRUALS

Accrued Employee Benefits Payables and Accruals (i)

2007 $’000

2006 $’000

560

330

2,557

772

3,117

1,102

(i) The accrual for determining counsel fees has increased due to improved procedures that collect more accurate information relating to outstanding counsel services.

The Payables and Accruals amounts are exclusive of GST. The Department of Justice pays GST on behalf of the Office. The average credit period is 30 days. No interest is charged from the date of the invoice.

PAGE 68

247

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 8.

INTEREST BEARING LIABILITIES 2007 $’000

2006 $’000

367

155

367

155

341

411

341

411

Current

367

155

Non-current

341

411

708

566

Plant and equipment under finance lease (Note 6)

688

583

Total non-current assets pledged as security

688

583

2007 $’000

2006 $’000

5,570

5,178

633

480

6,203

5,658

Current Secured Finance lease liabilities (Note 14)

Non-current Secured Finance lease liabilities (Note 14)

Aggregate carrying amount of interest bearing liabilities

Lease liabilities are effectively secured as the rights to the leased assets revert to the lessor in the event of default.

Assets pledged as security The carrying amounts of non-current assets pledged as security are: Finance lease

NOTE 9.

PROVISIONS

Current Employee Benefits (Note 9(a)) Non-current Employee Benefits (Note 9(a)) Aggregate carrying amount of provisions

OPP ANNUAL REPORT 2006/07 PAGE 69

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 9(a).

EMPLOYEE ENTITLEMENTS 2007 $’000

2006 $’000

- Short-term employee benefits, that fall due within 12 months after the end of the period measured at nominal value

3,992

3,767

- Other long-term employee benefits that do not fall due within 12 months after the end of the period measured at present value

1,578

1,411

5,570

5,178

633

480

Current All annual leave and LSL entitlements representing 7+ years of continuous service

Non-current LSL representing less than 7 years of continuous service measured at present value.

NOTE 10.

SUPERANNUATION Government Employees’ Superannuation Fund No liability is recognised in the balance sheet for the Office’s share of the State’s unfunded superannuation liability.The State’s unfunded superannuation liability has been reflected in the financial statements of the Department of Treasury and Finance.

However, superannuation contributions for the reporting period are included as part of salaries and associated costs in the Operating Statement of the Office.

The name and details of the major employee superannuation funds and contributions made by the Office are as follows: Fund

Contribution Outstanding at Year End 2007 $

Contribution for the Year 2007 $

Contribution for the Year 2006 $

582,269

588,304

0

0

Vic. Super Scheme

852,338

787,359

0

0

Other private funds

52,573

89,356

0

0

1,487,180

1,465,019

0

0

Contribution outstanding at Year End 2006 $

Defined benefit plans: State Superannuation Fund Revised and New Schemes Defined contribution plans:

Total contributions to all funds

The basis for contributions are determined by the various schemes.

The requirements of the Superannuation Industry (Supervision) Act 1993 are fully complied with.

All employees of the Office are entitled to benefits on retirement, disability or death from the Government Employees’ Superannuation Fund. This Fund provides defined lump sum benefits based on years of service and final average salary.

The above amounts were measured as at 30 June of each year or in the case of employer contributions they relate to the years ended 30 June.

PAGE 70

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 11.

EQUITY AND MOVEMENTS IN EQUITY 2007 $’000

2006 $’000

240

240

240

240

240

355

(a) Reserves Asset revaluation reserve Movements Asset revaluation reserve Balance at the beginning of the year Revaluation increment/(decrements) Balance at the end of the year

0

(115)

240

240

1,957

1,560

1,560

1,557

406

3

(b) Contributed Capital Contributed capital Movements Balance at the beginning of the year Capital contribution by Victorian State Government

(9)

0

1,957

1,560

Balance at the beginning of the year

(5,603)

(5,637)

Net result for the reporting period

10

34

Accumulated (deficit) at the end of the financial year

(5,593)

(5,603)

Total equity at the end of the financial year

(3,396)

(3,803)

2007 $’000

2006 $’000

0

612

0

0

Equity transfers within Government Balance at the end of the year (c) Accumulated deficit

NOTE 12.

COMMITMENTS FOR EXPENDITURE Capital commitments There are no outstanding capital commitments as at 30 June 2007 (2006 - nil)

NOTE 13.

CONTINGENT LIABILITIES AND CONTINGENT ASSETS

Contingent liabilities Court proceedings Contingent assets

OPP ANNUAL REPORT 2006/07 PAGE 71

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 14.

LEASES Disclosures for lessees - finance leases Leasing arrangements Finance leases relate to motor vehicles with lease terms of 3 years. The Office has options to purchase the equipment for a nominal amount at the conclusion of the lease agreements.

2007 $’000

2006 $’000

Not longer than 1 year

399

582

Longer than one year and not longer than 5 years

363

35

0

0

Finance leases Commitments in relation to finance leases are payable as follows:

Longer than 5 years Minimum lease payments

762

617

Less future finance charges

(54)

(51)

Present value of minimum lease payments

708

566

Current interest bearing liabilities (Note 8)

367

155

Non-current interest bearing liabilities (Note 8)

341

411

708

566

Not longer than 1 year

1,924

2,158

Longer than one year and not longer than 5 years

4,368

6,296

Included in the financial statements as:

Disclosures for lessees - operating leases Leasing arrangements Operating leases relate to equipment and accommodation with lease terms of between 3 to 5 years, with an option to extend for a further 5 years. All operating lease contracts contain market review clauses in the event that the Office exercises its option to renew. The Office does not have an option to purchase the leased asset at the expiry of the lease period.

Operating leases Commitments for minimum lease payments in relation to cancellable and non cancellable operating leases are payable as follows:

Longer than 5 years

0

0

6,292

8,454

56

134

6,236

8,320

6,292

8,454

Representing: Cancellable operating leases Non-Cancellable operating leases

PAGE 72

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 15.

RESPONSIBLE PERSONS In accordance with the Directions of the Minister for Finance under the Financial Management Act 1994, the following disclosures are made regarding responsible persons for the reporting period.

NAMES The persons who held the positions of Ministers and Accountable Officer in the Department and the Office are as follows: Attorney-General Acting Attorney-General

The Hon. Rob Hulls, MP

1 July 2006

to 30 June 2007

The Hon. Bob Cameron, MP

1 July 2006

to 2 July 2006

The Hon. Bob Cameron, MP

8 July 2006

to 16 July 2006

The Hon. John Lenders, MLC

23 December 2006

to 1 January 2007

The Hon. Tim Pallas, MP

20 January 2007

to 21 January 2007

The Hon. Bob Cameron, MP

22 January 2007

to 11 February 2007

The Hon. John Lenders, MLC

9 May 2007

to 13 May 2007

The Hon. John Lenders, MLC

22 June 2007

to 8 July 2007

Secretary to the Department of Justice Ms Penny Armytage

1 July 2006

to 30 June 2007

Acting Secretary to the Department of Justice

Ms Roslyn Kelleher

14 August 2006

to 18 August 2006

Ms Claire Noone

27 December 2006

to 5 January 2007

Accountable Officer

Ms Angela Cannon

12 July 2006

to 30 June 2007

Acting Accountable Officer

Stephen Carisbrooke

1 July 2006

to 11 July 2006

REMUNERATION Remuneration received or receivable by the Accountable Officer in connection with the management of the Office during the reporting period was in the range: $180,000 - $190,000 ($150,000 - $160,000 in 2006) Ministerial remuneration is disclosed in the annual report of the Department of Premier and Cabinet. Remuneration received or receivable by the Secretary in connection with the management of the Department during the reporting period is disclosed in the annual report of the Department of Justice.

OTHER TRANSACTIONS Other related transactions and loans requiring disclosure under the Directions of the Minister of Finance have been considered and there are no matters to report.

OPP ANNUAL REPORT 2006/07 PAGE 73

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 16.

REMUNERATION OF EXECUTIVES The total remuneration of the executive officers, other than the Accountable Officer, during the reporting period are shown in the first two columns in the table below in their relevant income bands. The base remuneration of executive officers is shown in the third and fourth columns. Base remuneration is exclusive of bonus payments, longservice leave payments, redundancy payments and retirement benefits.

A number of executive officers retired, resigned or were retrenched in the past year. This has had a significant impact on total remuneration figures due to the inclusion of annual leave, long-service leave and retrenchment payments.

Income Band

Total Remuneration 2007

Base Remuneration 2006

2007

2006

$100,000 - $109,999

0

0

0

0

$110,000 - $119,999

0

1

0

1

$120,000 - $129,999

0

0

0

0

$130,000 - $139,999

0

0

1

0

$140,000 - $149,999

0

0

0

1

$150,000 - $159,999

0

0

0

0

$160,000 - $169,999

0

1

0

0

$340,000 - $349,999

1

0

0

0

$470,000 - $479,999

1

0

0

0

Total Numbers

2

2

1

2

$822,829

$278,420

$131,060

$261,108

Total Amount

PAGE 74

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 17.

NOTES TO CASH FLOW STATEMENT Note

2007 $’000

2006 $’000

72

71

(a) Reconciliation of cash For the purposes of the Cash Flow Statement, cash includes cash on hand and in banks and investments in money market instruments, net of outstanding bank overdrafts, Cash at the end of the financial year as shown in the Cash Flow Statement is reconciled to the related items in the balance sheet as follows: Cash (b) Reconciliation of net result for the period to net cash flows from operating activities Net results for the period Depreciation and amortisation

3(c)

Net loss on sale of non-current assets

10

34

445

394

10

15

Change in operating assets and liabilities Decrease (increase) in receivables

5

31

(4)

Decrease (increase) in amounts due from related entities

5

(2,225)

(147)

Increase (decrease) in payables

7

1,454

(185)

545

234

Increase (decrease) in other liabilities

2

(18)

Net cash inflow from operating activities

272

323

Increase (decrease) in provisions (LSL and AL)

OPP ANNUAL REPORT 2006/07 PAGE 75

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 18.

FINANCIAL INSTRUMENTS (a) Credit risk exposure The Office’s maximum exposures to credit risk at balance date in relation to each class of recognised financial asset is the carrying amount of those assets as indicated in the Balance Sheet. (b) Interest rate risk exposure The Office’s exposure to interest rate risk and the effective weighted average interest rate by maturity periods is set out in the following table.

For interest rates applicable to each class of assets or liability refer to individual notes to the financial statements.

Exposures arise predominantly from assets and liabilities bearing variable interest rates as the Office intends to hold fixed rate assets and liabilities to maturity.

Fixed interest maturing in: Description

Weighted average effective interest rate

Note

1 year or Over 1 less $’000 to 5 years $’000

Floating Interest Rate $’000

Total $’000

Noninterest bearing $’000

More than 5 years $’000

2007 Financial Assets Cash and cash equivalents

17

Receivables

5

Amount due from Department of Justice

5

5.97%

Total

72

-

-

-

-

72

-

-

-

10

10

-

-

-

-

3,221

3,221

72

-

-

-

3,231

3,303

-

-

-

-

3,117

3,117

Financial Liabilities Payables Interest bearing liabilities

7 8,14

8.72%

Total Net Financial Assets (liabilities)

-

-

-

-

708

708

-

-

-

-

3,825

3,825

72

-

-

-

(594)

(522)

2006 Financial Assets Cash and cash equivalents

17

Receivables

5

Amount due from Department of Justice

5

5.43%

Total

71

-

-

-

-

71

-

-

-

-

41

41

-

-

-

-

599

599

71

-

-

-

640

711

-

-

-

-

1,102

1,102

-

-

-

-

566

566

-

-

-

-

1,668

1,668

71

-

-

-

(1,028)

(957)

Financial Liabilities Payables Interest bearing liabilities Total Net Financial Assets (liabilities)

PAGE 76

7 8,14

11.44%

Notes to the Financial Statements For the f inancial year ended 30 June 2007

NOTE 18.

FINANCIAL INSTRUMENTS (CONTINUED) (c) Net fair value of financial assets and liabilities (i) On-balance sheet The net fair value of cash and cash equivalents and non-interest bearing monetary financial assets and financial liabilities of the Office approximates their carrying amounts.

The net fair value of other monetary financial assets and financial liabilities is based upon market prices where a market exists or by discounting the expected future cash flows by the current interest rates for assets and liabilities with similar risk profiles.

For non-traded equity investments, the net fair value is based on the underlying net assets, future maintainable earnings and any special circumstances pertaining to a particular investment.

The carrying amounts and net fair values of financial assets and liabilities at reporting date are: 2007 Carrying amount $’000

2006 Carrying amount $’000

2007 Net fair value $’000

2006 Net fair value $’000

On-balance sheet financial instruments Financial assets Cash and cash equivalents

72

71

72

71

Receivables

10

41

10

41

3,221

599

3,221

599

3,303

711

3,303

711

3,117

1,102

3,117

1,102

Amount owing from Department of Justice Non-traded financial assets Financial liabilities Payables Interest bearing liabilities Non-traded financial instruments

708

566

708

588

3,825

1,668

3,825

1,690

Other than those classes of assets and liabilities denoted as “traded”, none of the classes of financial assets and liabilities are readily traded on organised markets in standardised form.

OPP ANNUAL REPORT 2006/07 PAGE 77

ACCOUNTABLE OFFICER’S AND CHIEF FINANCE AND ACCOUNTING OFFICER’S DECLARATION We certify that the attached financial statements for the Office of Public Prosecutions have been prepared in accordance with the Standing Direction 4.2 of the Financial Management Act 1994, applicable Financial Reporting Directions, Australian accounting standards and other mandatory professional reporting requirements.

We further state that, in our opinion, the information set out in the Operating Statement, Balance Sheet, Statement of Changes in Equity, Cash Flow Statement and notes to and forming part of the financial statements, presents fairly the financial transactions during the year ended 30 June 2007 and the financial position of the Office at 30 June 2007.

We are not aware of any circumstances which would render any particulars included in the financial statements to be misleading or inaccurate.

John Bafit Chief Finance and Accounting Officer Office of Public Prosecutions

Angela Cannon Solicitor for Public Prosecutions Office of Public Prosecutions

17 September, 2007 Melbourne

17 September, 2007 Melbourne

PAGE 78

AUDITOR GENERALS REPORT

OPP ANNUAL REPORT 2006/07 PAGE 79

Notes to the Financial Statements For the f inancial year ended 30 June 2007

AUDITOR GENERALS REPORT

PAGE 80

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

Appendices

Over the next 12 months, the OPP will finalise and implement our new organisational structure, work flow and case management processes. These new arrangements will significantly enhance our legal practice.

OPP – making a difference.

OPP ANNUAL REPORT 2006/07 PAGE 81

Appendices Index

PAGE 82

Appendix 1

Output and performance measures

83

Appendix 2

Other legal functions of the DPP

83 – 84

Appendix 3

Crown appeals under s567A of the Crimes Act 1958

84 – 85

Appendix 4

Freedom of Information

85 – 86

Appendix 5

Whistleblowers Protection Act 2001

87 – 89

Appendix 6

OPP Performance in 2006 - 07

90 – 95

Appendix 7

The OPP workforce

96 – 97

Appendix 8

Occupational health and safety

97

Appendix 9

Environmental reporting

98

Appendix 10

Consultancies

99

Appendix 11

Supplementary information

99

Appendix 12

Statement on availability of other information

99

Appendix 13

Disclosure index

100

Appendix 14

Glossary

101

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 1 OUTPUT AND PERFORMANCE MEASURES Public Prosecutions

Target

Actual

%var

5600

7388

31.9%

380

671

76.6

3200

3392

6.0%

95

90

-5%

<40

0

0.0%

<5

0

0.0%

Quantity Judge sitting days – County Court and Supreme Court Number of appeals lodged in the Court of Appeal and the High Court Number of filing hearings - Magistrates’ Court Quality Customer satisfaction1 Timelines Number of adjournments sought by the Crown in County Court and Magistrates’ Court on the grounds of insufficient time to prepare Percentage of procedures not meeting statutory time limits 1

The methodology in relation to determining this measure was changed in 2006/07

APPENDIX 2 OTHER LEGAL FUNCTIONS OF THE DPP As well as formal prosecuting activities and appeals, the Director of Public Prosecutions undertakes a number of other legal functions.

These are set out below.

Order 56 Judicial Reviews Order 56 of the Supreme Court Rules provides a procedure to review the orders or actions of a judicial officer, usually on the basis of an error as to jurisdiction, a failure to exercise jurisdiction or a denial of procedural fairness.The DPP uses the Order 56 procedure to review decisions in the Magistrates’ Court and the County Court where the decision infringes jurisdiction and is not amenable to other forms of appeal.

The Order 56 procedure is also used by unsuccessful appellants to review a County Court appeal pursuant to s83 of the Magistrates’ Court Act 1989, as this is the only avenue available for further appeal in such proceedings. A high proportion of these reviews relate to drink driving prosecutions.

In 2006/07, two Order 56 Judicial Reviews of Magistrates’ decisions were heard and completed in the Supreme Court, with one still pending at 30 June 2007.

The DPP acted for five respondent police informants in nine Order 56 Judicial Reviews of County Court appeals. Five of these appeals commenced in 2006/07: two proceeded to final hearing and judgment, two are awaiting judgment and two were discontinued.

The DPP reviewed two County Court trial decisions by way of Order 56 Judicial Review. In each case, the trial judge permanently stayed a presentment made by or on behalf of the DPP. In each case, the DPP was successful.

The DPP is currently acting for the police in an Order 56 Judicial Review of a committal hearing decision. The matter is listed for hearing in November 2007.

Section 582 leave applications Applications can be made to the Court of Appeal under s582 of the Crimes Act 1958 for leave to appeal against a conviction or sentence.

These applications are heard by a single judge. Where an application is refused by a single judge, the applicant can elect to have the matter heard by the full Court of Appeal. The DPP represents the Crown in these matters. In 2006/07, 194 applications were heard by single judges in the Court of Appeal: 83 were granted and 41 refused.

Entry of nolle prosequi During the year, applications for the entry of nolle prosequi submitted by the legal representatives of accused persons or forwarded by Crown Prosecutors were granted on 90 occasions, either wholly or in part.

Indemnities from prosecution, undertakings or letters of comfort Director’s undertakings, indemnities or letter of comfort were issued to a total of 18 witnesses who gave evidence against 13 accused in 18 separate matters.

Consents to prosecute The DPP consented to file presentments in relation to six matters pursuant to s321 of the Crimes Act 1958.

No applications were made to the Director to consent to the commencement of a prosecution under the Legal Profession Practice Act 1958.

Thirty one consents or authorities to prosecute were granted by the DPP to commence prosecutions in cases involving offences pursuant to ss47A, 50 or 69 of the Crimes Act 1958.

Direct presentments The DPP directly presented an accused person on 86 occasions.

Interstate extraditions and transfers Interstate extraditions were undertaken for the return to Victoria of seven OPP ANNUAL REPORT 2006/07 PAGE 83

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 2 OTHER LEGAL FUNCTIONS OF THE DPP (CONTINUED persons charged with various offences. In two cases, requests were made by the Director for the interstate transfer of prisoners to Victoria.

to s29(1) of the Public Prosecutions Act 1994 as the result of a possible conflict of interest.

International extraditions The Director formally requested the Commonwealth Attorney-General to institute the international extradition of Antonios Mokbel from Greece.

This was the only international extradition requested during 2006/07.

Confiscation Act 1997 proceedings During 2006/07, the Director obtained 139 new Restraining Orders and initiated 234 subsequent applications. Of the Restraining Orders obtained, 87 contained Automatic Forfeiture as a purpose, 82 contained Compensation to victims as a purpose (a significant increase over previous years) and 89 contained Pecuniary Penalty orders as a purpose. Three Restraining Orders were for Civil Forfeiture.

Assistance provided to the Coroner In 2006/07, the OPP assisted the Coroner in eight hearings.

Contempt of court The Director commenced eight prosecutions for contempt of court in 2006/07.

The range of offences related to these orders included murder, drug trafficking, armed robbery, money laundering, rape, incest and theft.

Conflict of interest There were no matters referred to the Attorney-General pursuant

APPENDIX 3 CROWN APPEALS UNDER s567A OF THE CRIMES ACT 1958 During 2006/07, 38 Director’s appeals pursuant to section 567A of the Crimes Act 1958 were heard. Of those appeals, 21 were allowed and 17 were dismissed. A further three appeals were abandoned. The details of each appeal are as follows:

with an undertaking, against a sentence of five years and six months imprisonment with a non-parole period of three years imposed on R.K. for one count of armed robbery, one count of recklessly causing serious injury and one count of false imprisonment.

• The court allowed an appeal against a sentence of one year imprisonment wholly suspended for three years and a concurrent one-year community based order and a $200 fine imposed upon Polikapi Tokava for one count of intentionally causing serious injury, one count of recklessly causing serious injury, one count of robbery, one count of theft and one charge of unlicensed driving. A new sentence of two years imprisonment with a non-parole period of one year and a $200 fine was substituted.

• The court dismissed an appeal against a sentence of two years imprisonment with a non-parole period of four months imposed on Alan Philip Wise for one count of aggravated burglary, one count of burglary, two counts of theft and one count of possessing a firearm whilst prohibited.

• The court dismissed an appeal against a sentence of one year imprisonment suspended for one year imposed upon Andrew Douglas for one count of aggravated burglary, one count of intentionally causing serious injury and one count of criminal damage.

• The court dismissed an appeal against a sentence of three years imprisonment to be served concurrently with sentences being served in respect of other matters, with a non-parole period of one year, imposed upon Daniel James Sheckelton for three counts of burglary and three counts of theft.

• The court allowed an appeal against a sentence of two years and six months imprisonment with a non-parole period of one year and four months imposed on Alan James Giffen for one count of intentionally causing serious injury. A new sentence of four years and six months imprisonment with a non-parole period of two years and six months was substituted.

• The court allowed an appeal against a sentence of two years imprisonment with a non-parole period of one year and six months imposed upon Damien Ripper for one count of recklessly causing serious injury. A new sentence of four years and six months imprisonment with a non-parole period of two years and 6 months was substituted.

• The court dismissed an appeal against a sentence of one year • The court allowed an appeal, based on an alleged failure to comply imprisonment to be served by way of a one-year intensive correction with an undertaking, against a sentence of seven years imprisonment order imposed upon John Fevaleaki for one count of intentionally with a non-parole period of four years imposed upon M.M. for one causing serious injury. count of aggravated burglary and one count of armed robbery.

A new sentence of eight years, with five years cumulative on the • The court allowed an appeal against a sentence of four months sentence he was already serving, with a new non-parole period of imprisonment wholly suspended for one year and six months seven years commencing on 10 October 2006, was substituted. imposed upon Renato Castro for one count of recklessly causing serious injury. A new sentence of 10 months imprisonment wholly suspended for two years was substituted.

• The court allowed an appeal against a sentence of four years imprisonment with a non-parole period of three years, two months imposed upon Anthony Andrew Spiteri for three counts of armed robbery and one count of theft. A new sentence of six years imprisonment with a non-parole period of four years was substituted.

• The court dismissed an appeal, based on an alleged failure to comply PAGE 84

• The court dismissed an appeal against a sentence of four years and nine months imprisonment with a non-parole period of two years and nine months imposed upon Mohamed Ali Mekal for six counts of armed robbery, five counts of false imprisonment and one count of common assault.

• The court allowed an appeal against a sentence of one year imprisonment with a non-parole period of six months imposed upon Richard Alexander Ross for one count of intentionally causing serious

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 3 CROWN APPEALS UNDER s567A OF THE CRIMES ACT 1958 (CONTINUED injury and one count of recklessly causing injury. A new sentence of three years imprisonment with a non-parole period of one year and six months was substituted.

• The court allowed an appeal against a sentence of four years and six months imprisonment with a non-parole period of two years and three months imposed upon Marcus Stephen Johnstone for two counts of culpable driving and one count of negligently causing serious injury. A new sentence of six years and nine months imprisonment with a non-parole period of three years and three months was substituted.

• The court allowed an appeal against a sentence of one year and six months imprisonment with a non-parole period of six months and a $100 fine imposed upon Brett Andrew Lothian for one count of intentionally causing serious injury and one count of theft. A new sentence of three years imprisonment with a non-parole period of one year and six months and a $100 fine was substituted.

• The court dismissed an appeal against a sentence of four years and one month imprisonment with a non-parole period of one year and seven months imposed upon Christopher John Ciantar for one count of culpable driving, one charge of failing to stop after an accident and one charge of failing to render assistance.

• The court dismissed appeals against sentences of a $50,000 fine without conviction imposed upon each of Yarra Valley Water Ltd and Blaxland Pacific Pty Ltd for one count each of failing to provide a safe work environment.

• The court allowed an appeal against a sentence of one year and five months imprisonment with a non-parole period of five months imposed upon D.L. for one count of taking part in an act of sexual penetration with a child under 16 years of age. A new sentence of two years and six months imprisonment with a non-parole period of 18 months was substituted in respect of D.L. The court also

• The court dismissed an appeal against a sentence of one year and six months imprisonment with a non-parole period of nine months imposed upon Phillip Sean Morgan for one count of burglary and one count of recklessly causing injury.

APPENDIX 4 FREEDOM OF INFORMATION Compliance with the Freedom of Information Act 1982 The Office of Public Prosecutions is subject to the Freedom of Information Act 1982 (the Act).

Particulars of the functions and organisation of the OPP are set out elsewhere in this Annual Report.The OPP’s website (www.opp.vic.gov.au) provides additional information that might also be of assistance in this regard.

The Bail and Breaches section maintains a spreadsheet of bail applications, which records applications in chronological order from the date of receipt of documents into the Office. This section also maintains an index of files of breaches of non-custodial orders.

Further information can be obtained from the Act, the various regulations made under that Act and by visiting www.foi.vic.gov.au.

Freedom of Information requests during 2006/07 The Office of Public Prosecutions received 26 requests under the Freedom of Information Act 1982 from 1 July 2006 to 30 June 2007.

The results of these requests were as follows:

The Policy, Advisings and Court of Appeal section maintains an electronic database that records all matters handled by this section.

Requests transferred to Victoria Police

2

Requests transferred to other Agencies

0

Request relating to documents not held

1

Access granted in full or in part

12

Access denied in full or in part

0

Further particulars sought in relation to request

2

Access not finalised at end of reporting period

8

Request withdrawn

1

Total

when they are allocated a file number. All details of the accused, addresses, sureties and witnesses are entered. Further information is added as the matter progresses. A paper based case file is maintained in every matter conducted on behalf of the Director of Public Prosecutions.

These files contain court documents and records of all communications and work undertaken in the particular matter.

26

Categories of documents held by the OPP The Office maintains electronic and paper based files. The computerised case management system, PRISM, provides a complete file registration and file management system. Files are initially recorded

The Human Resources section maintains an alphabetical index of all persons employed in the Office, which also includes a brief work history of each employee.

The Requisitions Book maintains a record of each order as it is raised, its allocated number and details of the order, such as cost.

The Accounts Register (Non-Professional Assistance Register) is a register of recurring expenditure (e.g. photocopying machine rental). An entry is raised each time an invoice is received or goods supplied to the Office.

The Professional Assistance Register is an alphabetical ledger of all barristers briefed by the OPP, specialists, psychiatrists, court reporting, accountants and other professional assistance and contains details of claims made for payment after appearances at court or provision of service.

The Fixed Assets Register is a register of all assets owned by the Office, including a description, cost and location of each item.

The Director’s Files cover a variety of subjects, including where the Director’s consent is required to prosecute a matter, advice given on OPP ANNUAL REPORT 2006/07 PAGE 85

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 4 FREEDOM OF INFORMATION (CONTINUED) various legal matters, answers given to public inquiries and newspaper clippings on particular cases.

Administrative files contain material relevant to general office issues and contain reports, correspondence and file notes for subjects such as Freedom of Information legislation and transfer of files to the Public Records Office.

Access to documents The Freedom of Information Act 1982 aims to make the maximum amount of information available to Victorians, promptly and inexpensively. To facilitate this aim, applications must be as specific and as precise as possible to enable quick identification and searching for the relevant documents.

Access to information held by the OPP may only be obtained through written request to the Office’s Freedom of Information Officer.

Delegated officers handle the processing and determination of the application. The Solicitor for Public Prosecutions handles any request for internal review.

An applicant may request photocopies of documents and/or inspect specific documents at the Office by arrangement, or by other access arrangements that may be appropriate to the application. Applicants should provide a telephone number as a point of contact for the Freedom of Information Officer to clarify or discuss matters relating to the request.

The OPP can refuse to release all or part of a document if it contains information that is exempt under the Act. The Act outlines general categories of information that are exempt, including information relating to the personal affairs of third parties, information provided in confidence, information which if released might endanger the lives or physical safety of individuals, Cabinet documents, commercial-inconfidence information and internal working documents, the release of which would be contrary to the public interest.

Where the OPP decides to deny access to all or part of a document, it will advise the applicant of the decision and the reasons for the decision in an ‘Access Decision’ letter. If the applicant wishes to challenge a decision of the OPP, he or she may appeal to the Administrative Appeals Tribunal or to the Ombudsman if making a complaint about the way the request has been handled.

Charges under the Act The Act specifies that access to information be provided at the lowest reasonable cost. Charges are: • Application fee – a request must be accompanied by payment of $21 • Search fee – $20 per hour or part thereof (minimum fee of $5) • Supervision fee – $10 per hour (where a document is inspected by an applicant at the Office) • Photocopy fee – $0.50 per A4 page • Deposits – a deposit of $25 may be requested before the Office will grant access if the calculated charge does not exceed $100. If the calculated charge exceeds $100, a deposit of 50 per cent of the calculated charge may be requested.

Some charges may be waived in certain circumstances: for example, where the applicant is impecunious or the information was accessed in the public interest.

PAGE 86

Amendment of personal records After a document containing information relating to the personal affairs of a person has been released to that person, or in the case of a deceased person, that person’s next of kin, the applicant can request the correction of any information held on the file where it is considered that this information is inaccurate, incomplete or gives a misleading impression.

Requests for amendments must be made in writing and must specify:• an address for service of notices; • particulars of why the person making the request believes the information to be incomplete, incorrect, out-of-date or misleading; and • the amendments he or she wishes to be made.

Where the Office accedes to the request, the record may be either altered or amended by annotation. Where the Office refuses to make the amendment, it must notify the applicant in writing of the decision, advising of: (a) the findings on any material questions of fact, the material on which those findings were based and the reasons for the decision; (b) the name and designation of the person making the decision; and (c) the applicant’s rights of review to the Administrative Appeals Tribunal in respect of the decision.

If the Tribunal affirms the Office’s decision, the applicant may insist that a notation be made to the record specifying why he or she claims the information it contains is incomplete or otherwise inaccurate. The notation then becomes part of the document and may be disclosed pursuant to the Act. Nominated Officer/Contact Officer Requests for access to documents in the Office of Public Prosecutions under the Freedom of Information Act 1982 may be directed to: Freedom of Information Officer Office of Public Prosecutions 9th Floor, 565 Lonsdale Street MELBOURNE VIC 3000

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 5 WHISTLEBLOWERS PROTECTION ACT 2001 The Office of Public Prosecutions is committed to the aims and objectives of the Whistleblowers Protection Act 2001 (the Act). It does not tolerate improper conduct by its employees or officers or the taking of reprisals against those who come forward to disclose such conduct.

The Office recognises the value of transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources or conduct involving a substantial risk to public health and safety or the environment.

The OPP will take all necessary steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to the person who is the subject of the disclosure.

The Office of Public Prosecutions will ensure all files, whether paper or electronic, are kept in a secure room and can only be accessed by the protected disclosure coordinator and investigator. All printed material will be kept in files that are clearly marked as a Whistleblower Protection Act matter, and warn of the criminal penalties that apply to any unauthorised divulging information concerning a protected disclosure. All electronic files will be produced and stored on a standalone computer and be given password protection.

Natural justice The principles of natural justice will be followed in any investigation of a public interest disclosure. The principles of natural justice concern procedural fairness and ensure a fair decision is reached by an objective decision maker. Maintaining procedural fairness protects the rights of individuals and enhances public confidence in the process.

Compliance with the Whistleblowers Protection Act 2001 This section of the Annual Report contains information that is required • The person who is the subject of the disclosure is entitled to know the allegations made against him/her and must be given the to be published annually under section 104 of the Whistleblowers right to respond.

Protection Act 2001 (the Act): • If the investigator is contemplating making a report adverse to the • The current procedures established by the OPP are set out below. interests of any person, that person should be given the opportunity • The OPP has received no disclosures during the year. to put forward further material that may influence the outcome of the • The OPP has not referred any disclosures to the Ombudsman for report and that person’s defence should be fairly set out in the report, determination as to whether they are public interest disclosures • All relevant parties should be heard and all submissions should during the year. be considered.

• The Ombudsman has not referred any disclosed matters to the OPP • The investigator or any decision maker should not have personal or during the year. direct interest in the matter being investigated.

• The OPP has not referred any disclosed matters to the Ombudsman • All proceedings must be carried out fairly and without bias. Care to investigate during the year. should be taken to exclude perceived bias from the process.

• The Ombudsman has not taken over any investigation of disclosed • The investigator must be impartial in assessing the credibility of the matters from the OPP during the year. whistleblowers and any witness. Where appropriate, conclusions as • The OPP has made no request under s74 of the Act to the to credibility should be included in the report.

Ombudsman to investigate disclosed matters during the year.

Conduct of the investigation • The OPP has not declined to investigate a disclosed matter during The investigator will make contemporaneous notes of all discussions the year. and phone calls, and all interviews with witnesses will be taped. All information gathered in an investigation would be stored securely.

• There have been no disclosed matters that were substantiated on Interviews will be conducted in private and the investigator will take investigation. There has been no action required to be undertaken arising from an investigation, since there have been no investigations. all reasonable steps to protect the identity of the whistleblower.

Where disclosure of the identity of the whistleblower cannot be • The Ombudsman has not made any recommendation under the Act avoided, due to the nature of allegations, the investigator will warn the that relates to the OPP. whistleblower and his/her welfare manager of this possibility.

Confidentiality It is in the discretion of the investigator to allow any witness to The Office of Public Prosecutions will take all reasonable steps to have legal or other representation or support during an interview. protect the identity of the whistleblower. Maintaining confidentiality is If a witness has a special need for legal representation or support, crucial in ensuring reprisals are not made against a whistleblower. permission should be granted.

The Act requires any person who receives information due to the handling or investigation of a protected disclosure, not to disclose that information except in certain circumstances. Disclosure of information in breach of section 22 of the Whistleblowers Protection Act 2001 constitutes an offence that is punishable by a maximum fine of 60 penalty units ($6000) or six month imprisonment.

The Act prohibits the inclusion of particulars in any report or recommendation that is likely to lead to the identification of the person who is the subject of the disclosure in any particulars included in an annual report.

Referral of an investigation to the Ombudsman The protected disclosure coordinator will make a decision regarding the referral of an investigation to the Ombudsman where, on the advice of the investigator: • the investigation is being obstructed by, for example, the non cooperation of key witnesses; or • the investigation has revealed conduct that may constitute a criminal offence.

OPP ANNUAL REPORT 2006/07 PAGE 87

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 5 WHISTLEBLOWERS PROTECTION ACT 2001 (CONTINUED) Managing the welfare of the whistleblower The Office of Public Prosecutions is committed to the protection of genuine whistleblowers against detrimental action taken in reprisal for the making of protected disclosures. The protected disclosure coordinator is responsible for ensuring whistleblowers are protected from direct and indirect detrimental action, and that the culture of the workplace is supportive of protected disclosures being made.

reported, the protected disclosure coordinator will assess the report as a new disclosure under the Act. Where the protected disclosure coordinator is satisfied that the disclosure is a public interest disclosure, he/she will refer it to the Ombudsman. If the Ombudsman subsequently determines the matter to be a public interest disclosure, the Ombudsman may investigate the matter or refer it to another body for investigation as outlined in the Act.

The protected disclosure coordinator will appoint a welfare manager to all whistleblowers who have made a protected disclosure. The welfare manager will:

Whistleblowers implicated in improper conduct Where a person who makes a disclosure is implicated in misconduct, the Office of Public Prosecutions will handle the disclosure and protect the whistleblower from reprisals in accordance with the Whistleblowers Protection Act 2001, the Ombudsman’s guidelines and these procedures. The OPP acknowledges that the act of whistleblowing should not shield whistleblowers from the reasonable consequences flowing from any involvement in improper conduct. Section 17 of the Act specifically provides for a person’s liability for his or her own conduct under the Act. However, in some circumstances, an admission may be a mitigating factor when considering disciplinary or other action.

• Examine the immediate welfare and protection needs of a whistleblower who has made a disclosure, seek to foster a supportive work environment • Inform the whistleblower of the legislative and administrative protection available to them • Listen and respond to any concerns of harassment, intimidation or victimisation in reprisal for making a disclosure • Keep a contemporaneous record of all aspects of the case management of the whistleblower including all contact and follow-up action • Discuss with the whistleblower what would be a realistic expectation for the outcome of an investigation of the disclosure.

All employees will be advised that it is an offence for a person to take detrimental action in reprisal for a protected disclosure. The maximum penalty is a fine of 240 penalty units ($24,000) or two years imprisonment or both. The taking of detrimental action in breach of this provision can also be grounds for making a disclosure under the Act and can result in an investigation.

Detrimental action includes: • causing injury, loss or damage; • intimidation or harassment; or • discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business (including the taking of disciplinary action).

Keeping the whistleblower informed The protected disclosure coordinator will ensure the whistleblower is kept informed of action taken in relation to his/her disclosure and the time frames that apply. The whistleblower will be informed of the objectives of an investigation, the findings of an investigation and the steps taken by the OPP to address any improper conduct that has been found to occur. The whistleblower will be given reasons for decisions made by the OPP in relation to a protected disclosure.

Occurrence of detrimental action If a whistleblower reports an incident of harassment, discrimination or adverse treatment that would amount to detrimental action taken in reprisal for the making of the disclosure, the welfare manager will: • record details of the incident; • inform the whistleblower of his/her rights under the Act; and • advise the protected disclosure coordinator of the detrimental action.

The taking of detrimental action in reprisal for the making of a disclosure can be an offence against the Act as well as grounds for making a further disclosure. Where such detrimental action is PAGE 88

The Solicitor for Public Prosecutions will have the final decision as to whether disciplinary or other action will be taken against a whistleblower. Where disciplinary or other action relates to conduct that is the subject of the whistleblower’s disclosure, the disciplinary or other action will only be taken after the disclosed matter has been appropriately dealt with.

In all cases where disciplinary or other action is being contemplated, the Solicitor must be satisfied that it has been clearly demonstrated that: • the intention to proceed with disciplinary action is not causally connected to the making of the disclosure (as opposed to the content of the disclosure or other available information); • there are good and sufficient grounds that would fully justify action against any non-whistleblower in the same circumstances; and • there are good and sufficient grounds that justify exercising any discretion to institute disciplinary or other action.

The protected disclosure coordinator will thoroughly document the process including recording the reasons why the disciplinary or other action is being taken, and the reasons why the action is not in retribution for the making of the disclosure. The protected disclosure coordinator will clearly advise the whistleblower of the proposed action to be taken, and of any mitigating factors that have been taken into account.

Management of the person against whom a disclosure has been made The Office of Public prosecutions recognises that employees against whom disclosures are made must also be supported during the handling and investigation of disclosures. The OPP will take all reasonable steps to ensure the confidentiality of the person who is the subject of the disclosure during the assessment and investigation process. Where investigations do not substantiate disclosures, the fact that the investigation has been carried out, the results of the investigation, and the identity of the person who is the subject of the disclosure will remain confidential.

The protected disclosure coordinator will ensure the person who is the subject of any disclosure investigated by or on behalf of a public body is:

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 5 WHISTLEBLOWERS PROTECTION ACT 2001 (CONTINUED) • informed as to the substance of the allegations;

Ombudsman for investigation

• given the opportunity to answer the allegations before a final decision is made;

• The number and types of investigations taken over from the O.P.P. by the Ombudsman

• Informed as to the substance of any adverse comment that may be included in any report arising from the investigation; and

• The number of requests made by a whistleblower to the Ombudsman to take over an investigation by the OPP

• has his or her defence set out fairly in any report.

• The number and types of disclosed matters that the O.P.P. has declined to investigate

Where the allegations in a disclosure have been investigated, and the person who is the subject of the disclosure is aware of the allegations or the fact of the investigation, the protected disclosure coordinator will formally advise the person who is the subject of the disclosure of the outcome of the investigation.

The O.P.P. will give its full support to a person who is the subject of a disclosure where the allegations contained in a disclosure are clearly wrong or unsubstantiated. If the matter has been publicly disclosed, the Solicitor for Public Prosecutions will consider any request by that person to issue a statement of support setting out that the allegations were clearly wrong or unsubstantiated.

• The number and types of disclosed matters that were substantiated upon investigation and the action taken on completion of the investigation and the action taken on completion of the investigation • Any recommendations made by the Ombudsman that relate to the Office of Public Prosecutions.

Criminal offences The Office for Public Prosecutions will ensure officers appointed to handle protected disclosures and all other employees are aware of the following offences created by the Act. 1. It is an offence for a person to take detrimental action against a person in reprisal for a protected disclosure being made. The Act provides a maximum penalty of a fine of 240 penalty units ($24,000) or two years imprisonment or both.

2. It is an offence for a person to divulge information obtained as a result of the handling or investigation of a protected disclosure without legislative authority. The Act provides a maximum penalty of 60 penalty units ($6,000) or six months imprisonment or both.

3. It is an offence for a person to obstruct the Ombudsman in performing his responsibilities under the Act. The Act provides a maximum penalty of 240 penalty units ($24,000) or two years imprisonment or both.

4. It is an offence for a person to knowingly provide false information under the Act with the intention that it is acted on as a disclosed matter. The Act provides a maximum penalty of 240 penalty units ($24,000) or two years imprisonment or both.

Collating and publishing statistics The protected disclosure coordinator will establish a secure register to record the information required to be published in the annual report, and to generally keep account of the status of whistleblower disclosures. The register will be confidential and will not record any information that may identify the whistleblower.

The register will contain the following information: • The number and types of disclosures made to the Office of Public Prosecutions during the year • The number of disclosures referred to the Ombudsman for determination as to whether they are public interest disclosures • The number and types of disclosed matters referred to the O.P.P. by the Ombudsman for investigation • The number and types of disclosures referred by the O.P.P. to the

OPP ANNUAL REPORT 2006/07 PAGE 89

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 TRIALS CONDUCTED 19992000

200001

200102

200203

200304

200405

200506

200607

267

239

216

212

340

355

341

302

39

39

30

49

49

32

43

42

Circuit Supreme and County Courts

136

117

108

100

135

124

118

101

Total Trials

442

395

354

361

524

511

502

445

Melbourne County Court Melbourne Supreme Court

NUMBER OF TRIALS IN THE COUNTY COURT (MELB) SUPREME COURT (MELB) AND CIRCUIT (CC AND SUPREME COURTS) 400 MELBOURNE COUNTY COURT

NUMBER

350 300

MELBOURNE SUPREME COURT, CIRCUIT SUPREME AND COUNTY COURTS

250

COUNTY COURTS

200 150 100 50 0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

PLEA OF GUILTY HEARINGS CONDUCTED

Melbourne County Court Melbourne Supreme Court Circuit Supreme and County Courts Total

19992000

200001

200102

200203

200304

200405

200506

200607

1021

1022

916

965

1089

1005

828

966

56

49

37

28

43

48

63

62

238

229

226

256

212

197

218

222

1315

1300

1179

1249

1344

1250

1109

1250

PLEAS OF GUILTY HEARINGS CONDUCTED IN THE COUNTY COURT, SUPREME COURT AND CIRCUIT 1200 MELBOURNE COUNTY COURT

NUMBER

1000

MELBOURNE SUPREME COURT, CIRCUIT SUPREME AND COUNTY COURTS

800

COUNTY COURTS

600 400 200 0 1999-2000

2000-01

2001-02

2002-03

2003-04

YEAR

PAGE 90

2004-05

2005-06

2006-07

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED) CASE OUTCOMES AS A % OF TOTAL DISPOSALS

Guilty Pleas Pre-Trial Guilty Pleas Listed as Trials

19992000

200001

200102

200203

200304

200405

200506

200607

63.6

66.4

68

68.1

60.5

57

55.9

64.1

6.7

5.8

5.3

5.7

9.8

10

9.3

9.4

70.3

72.2

73.3

73.8

70.3

67

65.2

73.5

Trial - Conviction

14

14.4

14

12.9

16.1

15

17.1

14.6

Trial - Acquittal

9.6

8.1

8

8.4

11.3

12

12.2

11

23.6

22.5

22

21.3

27.4

27

29.3

25.6

6.1

5.3

4.7

4.9

2.3

6

5.5

0.9

Guilty as a % of Trial Outcomes

59.3

64.1

64

60.7

58.8

56

58.4

56.9

Acquittals as a % of Trial Outcomes

40.7

35.9

36

39.3

41.2

44

41.6

43.1

Guilty Outcome as a % of Total Cases

84.3

86.6

87.3

86.7

86.4

82

82.3

88

19992000

200001

200102

200203

200304

200405

200506

200607

Guilty Pleas (Total) as a % of Disposals

Trials (Total) as a % of Disposals Other Disposals

JUDGE SITTING DAYS (EXCLUDES CIRCUIT)

Supreme Court County Court

679

652

558

752

817

809

1158

1123

3723

3568

3486

3777

4640

4558

4733

4929

4402

4220

4044

4529

5457

5367

5891

6052

JUDGE SITTING DAYS IN THE SUPREME AND COUNTY COURTS (MELBOURNE) 5000 SUPREME COURT, COUNTY COURTS

4000

NUMBER

3000

2000

1000

0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

OPP ANNUAL REPORT 2006/07 PAGE 91

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED) APPEALS TO COURT OF APPEAL, HIGH COURT AND SUPREME COURT

Court of Appeal/Supreme Court High Court

19992000

200001

200102

200203

200304

200405

200506

200607

227

231

252

281

279

296

302

290

7

7

2

7

6

10

11

9

APPEALS TO COURT OF APPEAL, HIGH COURT AND SUPREME COURT 400 COURT OF APPEALS/SUPREME COURT 300 NUMBER

HIGH COURT 250 200 150 100 50 0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

COUNTY COURT APPEALS COMPLETED

Melbourne Circuit Courts Total

19992000

200001

200102

200203

200304

200405

200506

200607

1497

1424

1398

1645

1565

1620

1587

1862

521

469

442

577

640

628

542

402

2018

1893

1840

2222

2205

2248

2129

2264

COUNTY COURT APPEALS COMPLETED 2500 MELBOURNE

NUMBER

2000

CIRCUIT COURTS

1500

TOTAL

1000 500 50

0 1999-2000

2000-01

2001-02

2002-03

2003-04

YEAR

PAGE 92

2004-05

2005-06

2006-07

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED) CONTESTED COMMITTALS 19992000 Number of Contests

1005

200001 890

200102 1025

200203 1228

200304 1290

200405 1378

200506 1468

200607 1387

CONTESTED COMMITTALS 1600 NUMBER OF CONTESTS 1400 1200

NUMBER

1000 800 600 400 200 0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

PROSECUTOR APPEARANCE RATES 19992000

200001

200102

200203

200304

200405

200506

200607

Total available court days

4677

4538

4151

4222

4077

3862

3751

4580

Actual days in Court

2450

2306

1825.5

2218

2428

2106

1904

2216

52.38%

50.82%

43.88%

52.53%

59.55%

54.50%

50.80%

48.38%

% appearance days/available days (as per the annual report) PROSECUTOR APPEARANCE RATES 5000

TOTAL AVAILABLE COURT DAYS

4500

NUMBER

4000

ACTUAL DAYS IN COURT

3500 3000 2500 2000 1500 1000 500 0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

OPP ANNUAL REPORT 2006/07 PAGE 93

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED) EXPENDITURE ON EXTERNAL COUNSEL FEES AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE

Counsel fees Total Expenditure %

19992000

200001

200102

200203

200304

200405

200506

200607

3,710,000

4,138,788

5,031,000

4,830,242

6,829,637

7,189,758

8,609,021

10,670,000

21,477,000

21,921,108

22,477,000

23,943,457

27,495,512

31,177,283

34,791,934

40,089,000

17.27%

18.88%

22.38%

20.17%

24.84%

23.06%

24.74%

26.62%

EXPENDITURE ON EXTERNAL COUNSEL FEES AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE 30.00% COUNSEL FEES AS A % OF EXPENDITURE (AR)

NUMBER

25.00% 20.00%

15.00% 10.00% 5.00%

0.00% 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

TOTAL COUNSEL APPEARANCE COSTS AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE 19992000

200001

200102

200203

200304

200405

200506

200607

Appearance Costs

6,363,000

6,828,109

7,782,000

7,859,016

9,837,972

10,474,106

12,273,586

14,552,823

Total Expenditure

21,477,000

21,921,108

22,477,000

23,943,457

27,495,512

31,177,283

34,791,934

40,089,000

29.63%

31.15%

34.62%

32.82%

35.78%

33.60%

35.28%

36.30%

%

TOTAL COUNSEL APPEARANCE COSTS AS A PERCENTAGE OF TOTAL RECURRENT EXPENDITURE 40.00% APPEARANCE COSTS AS A % OF EXPENDITURE (AR) 35.00%

NUMBER

30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

APPROXIMATE AVERAGE COST PER MATTER PROSECUTED EXPRESSED IN FULL COST AND ACCRUAL TERMS

Approximate cost

PAGE 94

19992000

200001

200102

200203

200304

200405

200506

200607

2,785

2,973

3,022

2,968

3,276

3,644

4,314

5,236

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 6 OPP PERFORMANCE IN 2006/07 (CONTINUED) BRIEFS PREPARED AND HEARINGS ATTENDED

Briefs Prepared and Hearings Attended Average number per staff

19992000

200001

200102

200203

200304

200405

200506

200607

49,020

50,097

52,800

56,525

64,767

66,413

67,570

69,183

248.8

249.2

258.7

271.8

305.5

281.0

301.7

312.2

BRIEFS PREPARED AND HEARINGS ATTENDED 70,000 BRIEFS PREPARED

NUMBER

60,000 50,000 40,000 30,000 20,000 10,000 0 1999-2000

2000-01

2001-02

2002-03

2003-04

2004-05

2005-06

2006-07

YEAR

WITNESS STATISTICS WITNESS ASSISTANCE CASE REFERRALS WITH SPECIAL NEEDS

WITNESS ASSISTANCE CASE REFERRALS BY CATEGORY Category Adult Sexual Assault Armed Robbery Arson Attempted Murder Burglary

Number of case referrals 258 28 2

Special Needs

Number of case referrals

Child 10-16

551

Child under 10

114

Drug, Alcohol and Substance User

41

38

Hearing Impaired

11

18

Intellectual Disability

52

CSA - Adult

171

NESB

129

CSA - Child

334

Other

27

Physical Disability

50

Coronerâ&#x20AC;&#x2122;s Inquest

1

Cuplable Driving

55

Pychiatric Disability

58

5

Requires Interpreter

45

Dangerous Driving Causing Death Fraud

12

Murder-Mental Impairment Review

21

Murder/Homicide Other Physical Assault - Adult

Sight Impaired

3

135 46 157

Physical Assault - Child

14

Theft

11

Threat to Kill

10

OPP ANNUAL REPORT 2006/07 PAGE 95

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 7 THE OPP WORKFORCE As an office holder with the functions of an Agency Head under the Public Administration Act 2004, the Solicitor for Public Prosecutions reports in compliance with the Directions issued by the Commissioner of the State Services Authority pursuant to s45(1)(d) of the Act. The Office of Public Prosecutions forms part of the Justice portfolio and generally applies the same employment processes as those applying within the Department of Justice. In relation to the specific reporting requirements set out in the Commissionerâ&#x20AC;&#x2122;s Directions, the position is as follows: PROFILE OF OPP WORKFORCE AGGREGATE WORKFORCE DATA AS AT 30 JUNE 2007 Employment Status

Male

Female

Total Staff

Variation from 2005/06

Permanent

77

133.7

210.7

-12.2

Temporary

3.6

8.3

11.9

+8.1

Casual

-

-

-

-

TOTAL

80.6

142

222.6

-4.1

Notes 1 Includes only staff on the payroll as at 30 June 2007 2 Staffing figures have been expressed as full time equivalents (FTE) 3 Staffing figures include one Executive Officer 4 Staffing figures do not include Governor in Council appointees. (Director, Solicitor, Crown Prosecutors) 5 Staffing figures include Articled Clerks CLASSIFICATIONS BY GENDER AS AT 30 JUNE 2007 Full-Time Class.

Male

Sen Tech Spec

Female

Part-Time

Total Variation from 2005/06

Male

Female

Total Variation from 2005/06

TOTAL FTE

1

0

1

1

0.0

0.0

0.0

0.0

1

Grade 6

25

16

41

-2

0.6

4.4

5

+1.5

46

Grade 5

27

20

47

+5

0.0

8.4

8.4

+3

55.4

Grade 4

7

17

24

-3

0.0

0.6

0.6

0.0

24.6

Grade 3

8

29

37

-7

0.0

1.4

1.4

+0.6

38.4

Grade 2

9

39

48

+15

0.0

1.8

1.8

-0.8

49.8

Grade 1

2

3

5

-16

0.0

1.4

1.4

-0.4

6.4

TOTAL

79

124

203

-7

0.6

18

18.6

+4.7

221.6

Notes 1 Includes all temporary staff 2 Figures do not include 21 Governor-In-Council appointees 3 Figures do not include one Executive Officer PROFILE OF EXECUTIVE OFFICERS BY GENDER AS AT 30 JUNE 2007 Classification

Male

Variation from Female 2005/06

Variation from Total 2005/06

Variation from 2005/06

E0-3

1

-1

-

-

1

-1

E0-2

-

-

-

-

-

-

E0-1

-

-

-

-

-

-

Total

1

-1

-

-

1

-1

PAGE 96

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 7 THE OPP WORKFORCE (CONTINUED) MERIT AND EQUITY PROGRAMS Selecting on merit The Solicitor for Public Prosecutions made two appointments without general advertisement during 2006/07. These appointments were as a result of appointing candidates to positions with identical duties and requirements to those of positions advertised in the Victorian Public Service Notices.

Upholding public sector conduct The code of Conduct issued by the Commissioner of the State Services Authority under s.45(1)(d) of the Public Administration Act 2004 has been issued to all existing staff and is provided to all new appointees. A Code of Conduct for OPP staff is also published in the Office Manual.

There was also one appointment made due to the specialist nature of the position.

All employees of the Office with current or future responsibilities for purchasing goods and/or services or contracting external service providers have attended or are progressively attending relevant contract management courses. This ensures that staff have a clear understanding of probity and integrity issues and relevant processes.

Reviewing personal grievances The Office of Public Prosecutions received three Personal Grievance Applications during 2006/07, all of which were related to promotional opportunities.

Managing and valuing diversity The Office of Public Prosecutions was unable to continue to participate in the Government’s Youth Employment Initiative due to lack of suitable accommodations, but may participate again in 2007/08.

Over the past six years, the OPP has conducted varied training programs that have enabled trainees to gain experience and exposure to a number of administrative areas within the Office.

All new appointees to the OPP are included in a formal two-day Induction Program. The program includes the provision of information relating to the Victorian Public Service Code of Conduct and other aspects of employment.

Employee relations The OPP is a party to the Public Sector Enterprise Partnership Agreement. During 2006/07, senior management have continued to meet with representatives of the Community and Public Sector Union (CPSU) to keep them informed of various issues at the OPP. There have been no industrial disputes during the year.

Declaration of pecuniary interest Senior staff and other relevant staff have met the requirements of declaring any pecuniary interest.

APPENDIX 8 OCCUPATIONAL HEALTHY AND SAFETY • Continued to provide an Employee Assistance Program, which In accordance with the Occupational Health and Safety Act 2004 and provides short term professional counselling and consulting for staff the Office of Public Prosecutions Human Resource Management (and members of their immediate families) who face problems of a Policies and Guidelines, the Office continues to endeavour to provide a personal, family related or employment nature working environment for all staff members and visitors that is safe and without risk to health.

• Continued to provide financial assistance to staff who, due to the computerisation of the office, require spectacles for their use of The OPP has established an OH&S Committee, comprising nine computers members of staff and four management representatives, to: • improve cooperation in instigating, developing and carrying out measures designed to ensure the occupational health and safety of staff, and • formulate, review and disseminate the standards, rules and procedures relating to occupational health and safety that must be carried out or complied with in the OPP workplace.

This Committee meets monthly or as needed.

• Continued to provide an Influenza Vaccination Program to reduce the possibility of staff suffering influenza • Reviewed the number and requirements of First Aid Officers and provided additional training and equipment where necessary • Continued to provide a Manual Handling training course for staff engaged in lifting or carrying heavy files • Continued to regularly review all

During 2006/07, the OPP:

– policies and procedures relating to OH&S key performance indicators • Arranged for all OH&S Committee representatives to attend a five – reporting registers of injuries and causes of accidents day intensive OH&S training course to provide them with knowledge – WorkCover claims and awareness of current OH&S initiatives and practices, and methods and tools to address all potential issues that may effect the – rehabilitation and early return to work practices. wellbeing of staff and visitors to the Office A further reduction in the OPP’s WorkCover Insurance premiums • Developed a Manual Handling Risk Register and defined measures to over the past 12 months demonstrates the benefits of creating a safer, eradicate or minimise any identified manual handling risk healthier workplace.

• Engaged a contractor to develop, train and monitor staff in evacuation and emergency procedures

OPP ANNUAL REPORT 2006/07 PAGE 97

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 9 ENVIRONMENTAL REPORTING Commitment to sustainable practices The Office of Public Prosecutions has continued our efforts to reduce energy consumption, use environmentally sustainable products and develop sustainable strategies. The OPP has: • Continued to provide office waste paper to Visy Recycling to manufacture cardboard and recycled paper • Maintained a re-cycling program for all computer printer cartridges • Continued to install and replace, when required, a sensor lighting system throughout the OPP that turns lighting off when not in use

• Endeavoured to reduce production of paper depositional material by providing information in an electronic format • Separated waste products into recyclable and non-recyclable items.

Environmental report for 2006/07 This environmental report covers two Office of Public Prosecutions office locations1, where over 99 per cent of office-based staff members are located. This information has been prepared in accordance with the Financial Reporting Directions issued by the Minister for Finance (FRD24B).

Measure

Total 2006/07

Energy

2

Units of energy (megajoules) used per Full Time Employee3 (FTE)

5,803

Units of energy used per unit of office space (megajoules per m2)

206

Total energy usage (gigajoules)

1,445

Associated greenhouse gas emissions4 (tonnes of CO2 equivalent)

468

Units of Green Power purchased (kWh)

48,166

Expenditure on Green Power ($)

1,912

Paper Total units of paper (reams)

9,722

Units of paper per FTE (reams)

39

Transportation Fuel consumption (gigajoules)5,6

1,938

Fuel consumption per FTE (gigajoules)

7.78

Associated greenhouse gas emissions from passenger vehicle use (tonnes of CO2 equivalent)

147

Associated greenhouse gas emissions from passenger vehicle use per FTE (tonnes of CO2 equivalent)

0.59

7,8

Passenger vehicle trip kilometres associated with OPP operations

435,821

Passenger vehicle trip kilometres associated with OPP operations per FTE Percentage of employees regularly (>75% of work attendance days) using public transport, cycling or walking to and from work9

1,750 82

Waste Production10 Units generated per FTE (kg) Units of waste recycled (kg)

90 10,485

Water Consumption11 Units of water consumed per FTE (litres) Total units of water (litres) Notes 1. Calculations based on 565 Lonsdale Street and 575 Bourke Street, Melbourne.

2. Includes tenancy light and power use at both OPP CBD offices. Due to leasing arrangements, base building energy consumption is not reported.

3. The OPP’s FTE as at 30 June 2007 is used for environmental reporting.

4. Calculated using the Australian Greenhouse Office (AGO) Greenhouse Challenge Workbook.

5. Calculation includes all executive and operational OPP vehicles.

6. Gigajoules determined from fuel consumption (litres) using EPA Victoria’s Vehicle Greenhouse Calculator.

7. Greenhouse gas emissions calculated from fuel consumption (litres) using EPA Victoria’s Vehicle Greenhouse Calculator.

PAGE 98

18,242 4,542,210 8. The Victorian Government invests in activities such as tree planting and fuel switching to offset the CO2 emissions from its vehicle fleet. Contracting the supply of offsets for all Victorian Government vehicles is the responsibility of the Department of Sustainability and Environment. Offsetting is done in arrears and is based on actual fuel usage data.

9. Derived from a survey of OPP employees based in 565 Lonsdale Street, Melbourne.

10. Excludes confidential paper.

11. Data was provided by Jones Lang LaSalle (on behalf of the Department of Treasury and Finance, owner of 565 Lonsdale Street) and Knight Frank (building agent for 575 Bourke Street) and apportioned from total building water consumption by floor area.

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 10 CONSULTANCIES

APPENDIX 12 STATEMENT ON AVAILABILITY OF OTHER INFORMATION

Disclosure Statement Summary of consultancies engaged in 2006/07:

In compliance with the requirements of the Ministerial Directions of the Minister for Finance, details in respect of the information items listed below have been retained by the Office of Public Prosecutions and are available to the relevant Ministers, Members of Parliament and the public (subject to freedom of information requirements, if applicable). However, in adopting best practice disclosure policies and to ensure that the Office of Public Prosecutions discharges its accountability obligations, where relevant, details about some of the following items have been disclosed within this Report of Operations.

A. Consultancies with a value greater than $100,000 Number of engagements Nil B. Consultancies less than $100,000 Number of engagements 5 Total value of expenditure (excluding GST) $288,565

APPENDIX 11 SUPPLEMENTARY INFORMATION

a) a statement that declarations of pecuniary interest have been duly completed by all relevant officers of the Office of Public Prosecutions

AUDIT COMMITTEE

b) details of shares held by senior officers as nominee or held beneficially in a statutory authority or subsidiary

Members Independent Members R. Elvins – Chairman M. Carter – Non-Executive Member OPP Members Rod Gray – Manager, Corruptions Heidi Meehan – Acting Executive Manager, Corporate Services Regular Attendees John Bafit – Finance Manager Ray Turnley – Manager, Internal Audit Department of Justice Representatives of the Auditor-General’s Office Audit Committee Charter – Function, Role and Duties of the Audit Committee The role and responsibilities of the Audit Committee and its members are set out in the Audit Committee Charter.

The Audit Committee provides advice to the Solicitor to assist in the effective discharge of responsibilities prescribed in the Financial Management Act 1994 and Audit Act 1994 and other relevant legislation.

The main responsibilities of the Audit Committee are to: • Review and report independently to the Solicitor on the annual report and all other financial information published by the Office • Assist the Solicitor in reviewing the effectiveness of the Office’s internal control environment covering: – effectiveness and efficiency of operations; – reliability of financial reporting; and – compliance with applicable laws and regulations • Determine the scope of the internal audit coverage and ensure that its resources are adequate and used effectively, including coordination with the external auditors • Oversee the effective operation of risk management framework.

c) details of publications produced by the Office of Public Prosecutions about its activities and where they can be obtained d) details of changes in prices, fees, charges, rates and levies charged by the Office of Public Prosecutions for its services, including services that are administered e) details of any major external reviews carried out in respect of the operation of the Office of Public Prosecutions f) details of any other research and development activities undertaken by the Office of Public Prosecutions that are not otherwise covered in this Report of Operations or in a document which contains the financial report and Report of Operations g) details of overseas visits undertaken including a summary of the objectives and outcomes of each visit h) details of major promotional, public relations and marketing activities undertaken by the Office of Public Prosecutions to develop community awareness of the services provided by the Office of Public Prosecutions i) details of assessments and measures undertaken to improve the occupational health and safety of employees, not otherwise detailed in the Report of Operations j) a general statement on industrial relations within the Office of Public Prosecutions and details of time lost through industrial accidents and disputes, which is not otherwise detailed in the Report of Operations k) a list of major committees sponsored by the Office of Public Prosecutions, the purposes of each committee and the extent to which the purposes have been achieved.

This information is available from: Office of Public Prosecutions 565 Lonsdale Street Melbourne VIC 3000 Phone No: (03) 9603 7666

OPP ANNUAL REPORT 2006/07 PAGE 99

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 13 DISCLOSURE INDEX The Annual Report of the Office of Public Prosecutions is prepared in accordance with all relevant Victorian Legislation.This index has been prepared to facilitate identification of the Office’s compliance with statutory disclosure requirements.

Legislation

Requirements

Page ref

Ministerial Directions Report of Operations - FRD Guidance Charter and purpose FRD 22B

Manner of establishment and the relevant Ministers

13, 73

FRD 22B

Objectives, functions, powers and duties

10, 13

FRD 22B

Nature and range of services provided

10 –18

Management and structure FRD 22B

Organisational structure

17

Financial and other information FRD 22B

Operational and budgetary objectives and performance against objectives

90 – 95

FRD 22B

Statement of workforce data and merit and equity

96 – 97

FRD 22B

Occupational Health and Safety

97

FRD 15B

Executive officer disclosure

73

FRD 22B

Summary of the financial results for the year

FRD 22B

Major changes or factors affecting performance

50

FRD 22B

Subsequent events

21 – 54

FRD 22B

Application and operation of Freedom of Information Act 1982

85 – 86

FRD 22B

Application and operation of the Whistleblowers Protection Act 2001

87 – 89

FRD 22B

Details of consultancies over $100,000

99

FRD 22B

Details of consultancies under $100,000

99

21 – 54

FRD 24B

Reporting of office-based environmental impacts

98

FRD 22B

Statement of availability of other information

99

FRD 10

Disclosure index

100

Financial Statements SD 4.2(b)

Operating Statement

61

SD 4.2(b)

Balance Sheet

62

SD 4.2(a)

Statement of Changes in Equity

63

SD 4.2(b)

Cash flow Statement

63

SD 4.2(c)

Accountable officer’s declaration

78

SD 4.2(c)

Compliance with Australian accounting standards and other authoritative pronouncements

64

SD 4.2(c)

Compliance with Ministerial Directions

SD 4.2(d)

Rounding of amounts

64 – 65 65

Other disclosures in notes to the financial statements FRD 21A

Responsible person and executive officer disclosures

73

Legislation Freedom of Information Act 1982

85 – 86

Whistleblowers Protection Act 2001

87 – 89

Financial Management Act 1994 Audit Act 1994

PAGE 100

64, 99 99

Appendices to the OPP Annual Report 2006-07 For the f inancial year ended 30 June 2007

APPENDIX 14 GLOSSARY AGO

Australian Greenhouse Office

A-IFRS

Australian Equivalent to International Financial Reporting Standards

AL

Annual Leave

AV

Audio Visual

CAS

Committals Advocacy Section

CCTV

Closed-Circuit Television

CJEP

Criminal Justice Enhancement Program

CLE

Continuing Legal Education

CPSU

Community and Public Sector Union

CSA

Child Sexual Assault

DOJ

Department of Justice

DPP

Director of Public Prosecutions

eDeps

Electronic Transfer of Depositions

EO

Executive Officer

EPA

Environment Protection Authority

ESD

Ethical Standards Department

FRD

Financial Reporting Direction

FTE

Full Time Equivalent

HR

Human Resources

ICT

Information and Communications Technology

JCV

Judcial College of Victoria

LSL

Long Service Leave

MLC

Member of Legislative Council

NESB

Non-English Speaking Background

OH&S

Occupation Health and Safety

OPI

Office of Police Integrity

OPP

Office of Public Prosecutions

PACA

Policy, Advisings and Court of Appeal Section

PRISM

Prosecution Recording Information Systems and Management

QC

Queen’s Counsel

SC

Senior Counsel

SD

Standing Direction

Sen Tech Spec

Senior Technical Specialist

VAGO

Victorian Auditor-General’s Office

VATE

Video Audio Taping of Evidence

VLRC

Victorian Law Reform Commission

WAS

Witness Assistance Service

OPP ANNUAL REPORT 2006/07 PAGE 101

Office of Public Prosecutions 565 Lonsdale Street Melbourne VIC 3000 Phone No: (03) 9603 7666 Fax No: (03) 9603 7430 www.opp.vic.gov.au