Other disclosures

Local jobs first

Nil reports. The Commission did not commence or complete any Local Jobs First projects in 2022-23.

The Local Jobs First Act 2003 introduced in August 2018 brings together the Victorian Industry Participation Policy (VIPP) and Major Project Skills Guarantee (MPSG) policy which were previously administered separately.

Departments and public sector bodies are required to apply the Local Jobs First policy in all projects valued at $3 million or more in Metropolitan Melbourne or for state-wide projects, or $1 million or more for projects in regional Victoria.

MPSG applies to all construction projects valued at $20 million or more. The MPSG guidelines and VIPP guidelines will continue to apply to MPSG-applicable and VIPP applicable projects respectively where contracts have been entered prior to 15 August 2018.

Government advertising expenditure

Nil reports. The Commission did not have any advertising campaigns with a total media spend of $100,000 or greater (exclusive of GST) in 2022-23.

Consultancy expenditure

Details of consultancies valued at $10,000 or greater

In 2022-23 there were 3 consultancies where the total fees payable to consultants were $10,000 or greater. The total expenditure incurred during 2022-23 in relation to these consultancies is $230,021 (excluding GST). Details of individual consultancies are outlined in the table below.

End of table.

Details of consultancies under $10,000

In 2022-23, there were no consultancies engaged during the year, where the total fees payable to the individual consultancies was less than $10,000. The total expenditure incurred during 2022-23 in relation to these consultancies was $0 (excluding GST).

Information and communication technology expenditure

For the 2022-23 reporting period, the Commission had a total information and Communication Technology (ICT) expenditure of $3,640,796, with the details shown below.

End of table.

ICT expenditure refers to the Commission’s costs in providing business enabling ICT services within the current reporting period. It comprises Business as Usual (BAU) ICT expenditure and Non-Business as Usual (Non-BAU) ICT expenditure.

Non-BAU ICT expenditure related to extending or enhancing the Commission’s current ICT capabilities. BAU ICT expenditure is all remaining ICT expenditure that primarily relates to ongoing activities to operate and maintain the current ICT capability.

Disclosure of major contracts

During the 2022-23 financial year, the Commission did not enter any contract for greater than $10 million.

Freedom of information

The Commission is subject to the Freedom of Information Act 1982. The Act allows the public a right of access to documents held by the Commission. The purpose of the Act is to extend as far as possible the right of the community to access information held by government departments, local councils, ministers and other bodies subject to the Act.

An applicant has a right to apply for access to documents held by a department. This comprises documents both created by the department or supplied to the department by an external organisation or individual, and may also include maps, films, microfiche, photographs, computer printouts, computer discs, tape recordings and videotapes. Information about the type of material produced by the Department is available on the Department’s website under its Part II Information Statement.

The Act allows a department to refuse access, either fully or partially, to certain documents or information. Examples of documents that may not be accessed include cabinet documents; some internal working documents; law enforcement documents; documents covered by legal professional privilege, such as legal advice; personal information about other people; and information provided to a department in-confidence and information that is confidential under another Act.

Under the Act, the FOI processing time for requests received is 30 days. However, when external consultation is required under ss29, 29A, 31, 31A, 33, 34 or 35, the processing time is 45 days. Processing time may also be extended by periods of 30 days, in consultation with the applicant. With the applicant’s agreement this may occur any number of times. However, obtaining an applicant’s agreement for an extension cannot occur after the expiry of the timeframe for deciding a request.

If an applicant is not satisfied by a decision made by the Department, under section 49A of the Act, they have the right to seek a review by the Office of the Victorian Information Commissioner (OVIC) within 28 days of receiving a decision letter.

Making a request

FOI requests can be lodged online at ovic.vic.gov.au. An application fee of $30.60 applies. Access charges may also be payable if the document pool is large and the search for material time consuming.

Access to documents can also be obtained through a written request to the Victorian Public Sector Commission as detailed in s17 of the Freedom of Information Act 1982. When making an FOI request, applicants should ensure requests are in writing and clearly identify what types of material and documents are being sought.

Requests for documents in the possession of the Commission should be addressed to:

Freedom of Information
Victorian Public Sector Commission
3 Treasury Place
East Melbourne VIC 3002 

FOI statistics/timing

During 2022-23 the Commission received five FOI requests. The Commission finalised five FOI requests during the 12 months ending 30 June 2023. The average time taken to finalise requests in 2022-23 was 33 days. Three access decisions were made within the statutory time period. Of the decisions made outside time, one was made within a further 45 days and one decision was made in greater than 45 days. Two decisions made outside the statutory time period were made after mandatory extensions had been applied or extensions were agreed upon by the applicant. No requests were subject to a complaint or internal review by the OVIC.

Further information

Further information regarding the operation and scope of FOI can be obtained from the Act, regulations made under the Act and ovic.vic.gov.au.

Compliance with the Building Act 1993

Competitive neutrality requires government businesses to ensure where services compete, or potentially compete with the private sector, any advantage arising solely from their government ownership be removed if it is not in the public interest.

Government businesses are required to cost and price these services as if they were privately owned. Competitive neutrality policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation.

This policy does not override other policy objectives of government and focuses on efficiency in the provision of service. As a portfolio agency, the Commission’s information on compliance is included in the Department of Premier and Cabinet’s Annual Report.

Competitive neutrality policy

Competitive neutrality requires government businesses to ensure where services compete, or potentially compete with the private sector, any advantage arising solely from their government ownership be removed if it is not in the public interest.

Government businesses are required to cost and price these services as if they were privately owned. Competitive neutrality policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation.

This policy does not override other policy objectives of government and focuses on efficiency in the provision of service. As a portfolio agency, the Commission’s information on compliance is included in the Department of Premier and Cabinet’s Annual Report.

Compliance with the Public Interest Disclosures Act 2012

The Public Interest Disclosures Act 2012 encourages and assists people in making disclosures of improper conduct by public officers and public bodies. The Act provides protection to prepare people who make disclosures in accordance with the Act and establishes a system for the matters to be disclosed, investigated and rectifying action to be taken.

The Commission does not tolerate improper conduct of employees, nor the taking of reprisals against those who come forward to disclose such conduct. It is committed to ensuring transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.

The Commission will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure to the extent it is legally possible.

Reporting procedures

At the Victorian Public Sector Commission, you can make your disclosure to:

• the Public Interest Disclosure Coordinator
• the manager of the person you’re making the disclosure about
• the Commissioner
• a person acting in any of the positions above.

Alternatively, disclosures may also be made directly to the Independent Broad-based Anti-Corruption Commission (IBAC):

Level 1, North Tower
459 Collins Street
Melbourne VIC 3000
Phone: 1300 735 135
ibac.vic.gov.au

Further information

The Public Interest Disclosures Policy and Procedures, which outline the procedure for reporting disclosures of improper conduct or detrimental action by the Commission or any of its employees and officers, are available on the Commission’s website.

Disclosures under the Protected Disclosure Act 2012

The table below indicates the number of disclosures made by an individual to the Commission and notified to IBAC.

End of table.

Compliance with the Carers Recognition Act 2012

The Commission has taken all practical measures to comply with its obligations under the Act. This includes considering the carer relationship principles set out in the Act when setting policies and providing services (for example, reviewing our employment policies such as flexible working arrangements and leave provisions to ensure these comply with the statement of principles in the Act.

Compliance with the Disability Act 2006

The Disability Act 2006 reaffirms and strengthens the rights of people with a disability and recognises that this requires support across the government sector and within the community.

The Commission has complied with its obligations under the Disability Act 2006 to prepare a Disability Action Plan for the purpose of: reducing barriers to access goods, services and facilities, reducing barriers to person with a disability obtaining and maintaining employment, promoting inclusion and participation in community and achieving tangible changes in attitudes and practices that discriminate against people with a disability.

Reducing barriers to accessing goods, services and facilities

• Continued to ensure the built environment is accessible to all employees and stakeholders. In 2022-23 glass doors on the ground level of 3 Treasury Place were removed and low light rooms were made available.
• Actively reviewed communications content we develop and support all teams to ensure it is accessible and inclusive, and continues to meet AA accessibility standards.

Reducing barriers to persons with a disability obtaining and maintaining employment

• Continued to ensure our recruitment and selection practices are inclusive to people with disability.
• In 2022-23 the Commission drafted their first workplace adjustment policy and procedure.
• Continued to support flexible work arrangements.
• Undertook workplace adjustment check with all new employees during various stages of the recruitment and onboarding process.

Promoting inclusion and participation in the community

• Continued membership with the Australia Network on Disability.
• Commission employees attended VPS wide events for International Day of People with Disability, including the hallmark event from the VPS Enablers.

Achieving tangible changes in attitudes and practices that discriminate against people with a disability

• Work commenced on the Commission’s future Accessibility Action Plan (AAP).
• Continued to include the AAP as required reading in induction materials for all new employees.
• Disability awareness is included in the Commission’s employee induction program.
• Provided disability awareness training to all employees through e-learns and internal meetings. In 2022-23 the Commission ran two internal sessions to create awareness and share skills in accessibility.
• Held a training event called ‘Stressless Fairness’ which was an introduction for employees to inclusive design with practical tips that could be applied to their work immediately.

Disclosure of emergency procurement

Nil reports. The Commission did not activate any Emergency Procurements in 2022-23 in accordance with the requirements of government policy and accompanying guidelines.

Office-based environmental impacts

The Commission is committed to environmental sustainability in its operations. The Commission supports the Victorian public sector in adopting new technology that lowers emissions and increases environmental sustainability.

The environmental report has been prepared in accordance with the Financial Reporting Directions (FRD) issued by the Minister for Finance.

Energy, paper and water

End of table.

Transport

End of table.

Greenhouse gas emissions

End of table.

Waste

A waste audit was not carried out during 2022-23.

Notes:

1. Based on 116.58 average FTE for period 2022-23.
2. Greenhouse gas emissions associated with waste disposal and greenhouse gas emissions from was could not be reported for 2022-23.

Additional information available on request

In compliance with the requirements of the Standing Directions 2018 under the Financial Management Act 1994, details in respect to the terms listed below have now been retained by the Commission and are available on request, subject to the provisions of the Freedom of Information Act 1982.

• A statement that declarations of pecuniary interest have been duly completed by all relevant officers.
• Details of shares held by a senior officer as nominee or held beneficially in a statutory authority or subsidiary.
• Details of publications produced by the entity, about the entity, and the places where publications can be obtained.
• Details of changes in prices, fees, charges, rates and levies charged by the entity.
• Details of any major external reviews carried out by the entity.
• Details of any major research and development activities undertaken by the entity.
• Details of overseas visits undertaken including a summary of the objectives and outcomes of each visit.
• Details of major promotional, public relations and marketing activities undertaken by the entity to develop community awareness of the entity and the services it provides.
• Details of assessments and measures undertaken to improve the occupational health and safety of employees.
• A general statement on industrial relations within the entity and details of time lost through industrial action and disputes.
• A list of major committees sponsored by the entity, the purposes of each committee, and the extent to which the purposes have been achieved.

Attestation for financial management compliance with Standing Directions 5.1.4

Victorian Public Sector Commission Financial Management Compliance Attestation Statement

The Victorian Public Sector Commission has not identified any Material Compliance Deficiencies for the financial year ended 30 June 2023.

I, Brigid Monagle, certify that the Victorian Public Sector Commission has complied with respect to the Standing Directions under the Financial Management Act 1994 and Instructions.

Brigid Monagle
Commissioner
Victorian Public Sector Commission

21 September 2023

Compliance with DataVic access policy

Consistent with the DataVic Access Policy issued by the Victorian Government in 2012, the Commission made 2 data sets available on the DataVic website in 2022‑23.

Disclosure index

This annual report of the Victorian Public Sector Commission is prepared in accordance with all relevant Victorian legislations and pronouncements. This index has been prepared to facilitate identification of compliance with statutory disclosure and other requirements.

Legislation	Requirements	Page
Charter and purpose
FRD 22	Manner and establishment of relevant Minister	About us
FRD 22	Objectives, functions, powers and duties	About us
FRD 22	Key initiatives and projects	Priority 1: Promoting workforce reform
FRD 22	Nature and range of services provided	Performance
Management and structure
FRD 22	Organisational structure	Organisational structure
Financial and other information
FRD 22	Audit committee	Governance
FRD 22	Occupational health and safety	Workforce data
FRD 8	Performance against output performance measures	Performance
FRD 10	Disclosure index	Other disclosures
FRD 12	Disclosure of major contracts	Other disclosures
FRD 15	Executive disclosures	Other disclosures
FRD 22	Employment and conduct principles	Workforce data
FRD 22	Summary of financial results for the year	Performance
FRD 22	Significant changes in financial position for the year	Performance
FRD 22	Major changes or factors affecting performance	Performance
FRD 22	Subsequent events	Performance
FRD 22	Application and operation of the Freedom of Information Act 1982	Other disclosures
FRD 22	Compliance with building and maintenance provisions of Building Act 1993	Other disclosures
FRD 22	Application and operation of the Public Interest Disclosures Act 2012	Other disclosures
FRD 22	Application and operation of the Carer’s Recognition Act 2012	Other disclosures
FRD 22	Details of consultancies over $10,000	Other disclosures
FRD 22	Details of consultancies under $10,000	Other disclosures
FRD 22	Disclosure of government advertising expenditure	Other disclosures
FRD 22	Disclosure of ICT expenditure	Other disclosures
FRD 22	Statement of availability and other information	Other disclosures
FRD 24	Reporting of office based environmental impacts	Other disclosures
FRD 25	Local Jobs First	Other disclosures
FRD 29	Workforce data disclosures	Workforce data
SD 5.2	Specific requirements under Standing Direction 5.2
Compliance attestation and declaration
SD 5.4.1	Attestation for compliance with Ministerial Standing Direction	Other disclosures
SD 5.2.3	Declaration in report of operations	Message from the Commissioner
SD 5.2.2	Declaration in financial statements	Other disclosures
Other requirements under Standing Directions 5.2
SD 5.2.1(a)	Compliance with Australian accounting standards and other authoritative pronouncements	Statement of changes in equity
SD 5.2.1(a)	Compliance with Standing Directions	Financial declaration
SD 5.2.1(b)	Compliance with model financial report	Financial declaration
Other disclosures as required by FRDs in notes to financial statements
FRD 110	Balance sheet	Balance sheet
FRD 110	Cash flow statement	Cash flow statement

End of table.

Legislation

Act	Page
Freedom of Information Act 1982	Other disclosures
Building Act 1993	Other disclosures
Public Interest Disclosures Act 2012	Other disclosures
Carers Recognition Act 2012	Other disclosures
Disability Act 2006	Other disclosures
Local Jobs First Act 2003	Other disclosures
Financial Management Act 1994	Financial declaration

End of table.