Legislation and disclosure index

Local jobs first

Nil reports. The Commission did not commence or complete any Local Jobs First projects in 2020-21.

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 statewide 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 (excluding GST) in 2020-21.

Consultancy expenditure

Details of consultancies valued at $10,000 or greater

In 2020‑21, there were 6 consultancies where the total fees payable to the consultants were $10,000 or greater. The total expenditure incurred during 2020‑21 in relation to these consultancies is $229,365 (excluding GST). Details of individual consultancies are outlined in the table below.

Details of consultancies under $10,000

In 2020-21, 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 2020-21 in relation to these consultancies was $0 (excluding. GST)

Information and communication technology expenditure

For the 2020-21 reporting period, the Commission had a total Information and Communication Technology (ICT) expenditure of $2,443,216.

All operational ICT expenditure

ICT expenditure related to projects to create or enhance ICT capabilities


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 relates 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

The Commission did not enter into any contracts greater than $10 million in value during the 2020-21 financial year.

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. 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.

From 1 September 2017, the Act has been amended to reduce the Freedom of Information (FOI) processing time for requests received from 45 to 30 days. In some cases, this time may be extended.

If an applicant is not satisfied by a decision made by the Commission, 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 www.foi.vic.gov.au. An application fee of $29.60 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 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 and timing

During 2020–21, the Commission received 4 applications. The Commission made 4 FOI decisions during the 12 months ended 30 June 2021. The average time taken to finalise requests in 2020-21 was 30 days. 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 foi.vic.gov.au.

Compliance with the Building Act 1993

The Commission does not own or control any government buildings and consequently is exempt from notifying its compliance with the building and maintenance provisions of the Building Act 1993 (for publicly owned buildings controlled by the Commission).

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

Disclosures of improper conduct or detrimental action by the department or any of its employees and/or officers may be made to the Commission’s Public Interest Disclosures Coordinator or alternatively, disclosures may 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 at vpsc.vic.gov.au.

Disclosures under the Public Interest Disclosures Act 2012

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

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 to prepare a Disability Action Plan for the purpose of: reducing barriers to access goods, services and facilities, reducing barriers to people with disability obtaining and maintaining employment, promoting inclusion and participation in community and achieving tangible changes in attitudes and practices that discriminate against people with disability.

Reducing barriers to accessing goods, services and facilities

  • We designed and published content that meets AA accessibility standards
  • We built accessibility into our office document templates

Reducing barriers to people with disability obtaining and maintaining employment

  • We revised position descriptions to support flexible work
  • We provided disability confidence training to employees and managers
  • Our Deputy Commissioner presented at the annual Meet the Secretaries event for the Enablers Network
  • We added accessibility and mental health support as standing agenda items in management meetings
  • We published a mental health and wellbeing toolkit including 5 tools designed to help managers and teams support people with disability

Promoting inclusion and participation in the community

  • We continued our membership with the Australian Network on Disability
  • We collaborated with the Enablers Network to deliver 3 events for International Day of People with Disability
  • We promoted intersectionality, transgender day of visibility and World Autism Day in our organisation

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

  • We implemented the VPS mental health and wellbeing charter in our organisation
  • We added disability awareness information to our orientation program
  • We designed our learning and development program to focus on inclusion
  • We offered training in human rights, workplace equality, our professional obligations and respectful behaviours

Office-based environmental impacts

The environmental report has been prepared in accordance with the Financial Reporting Directions (FRD) issued by the Minister for Finance. Office-based environmental impact data is based on information provided by JLL.

Energy


1. Based on 88.63 FTE at 30 June 2020 and 107.25 FTE at 30 June 2021.

Paper

Water

Waste

Waste, greenhouse gas emissions associated with waste disposal and greenhouse gas emissions from waste could not be reported for 2020-21 due to COVID-19.

Transport

Percentage of employees regularly (75% attendance days) using public transport, cycling, walking, carpooling to and from work or working from home by locality type

The Commission conducted an internal survey to ascertain the proportion of employees using each transport mode.

Greenhouse gas emissions


2. Waste, greenhouse gas emissions associated with waste disposal and greenhouse gas emissions from waste could not be reported for 2020-21 due to COVID-19.

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 2021.

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

Adam Fennessy PSM
Commissioner
Victorian Public Sector Commission

25 October 2021

Compliance with DataVic access policy

Consistent with the DataVic Access Policy issued by the Victorian Government in 2012, the Commission made 10 data sets available on the DataVic website in 2020‑21. Information included in this Annual Report will also be available at data.vic.gov.au in electronic readable format

Asset management accountability framework maturity assessment

The compliance and maturity rating diagram summarises the Commission’s assessment of maturity against the requirements of the Asset Management Accountability Framework (AMAF).

The AMAF is a non-prescriptive, devolved accountability model of asset management that requires compliance with 41 mandatory requirements. These requirements can be found on the Department of Treasury and Finance website.

The Commission’s target maturity rating is 'competence', meaning systems and processes fully in place, consistently applied and systematically meeting the AMAF requirement, including a continuous improvement process to expand system performance above AMAF minimum requirements.

Compliance and maturity rating

Legend for this visual

  • Target: shown in red
  • Overall: shown in black
  • Not applicable: N/A
  • Innocence: 0
  • Awareness: 1
  • Developing: 2
  • Competence: 3
  • Optimising: 4
  • Unassessed: U/A

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 in document
Charter and purpose
FRD 22H Manner and establishment of relevant Minister 5
FRD 22H Objectives, functions, powers and duties 5
FRD 22H Key initiatives and projects 6
FRD 22H Nature and range of services provided 19
Management and structure
FRD 22H Organisational structure 24
Financial and other information
FRD 22H Audit committee 25
FRD 22H Occupational health and safety 34
FRD 8D Performance against output performance measures 19
FRD 10A Disclosure index 50
FRD 12B Disclosure of major contracts 38
FRD 15E Executive officer disclosures 35
FRD 22H Employment and conduct principles 28
FRD 22H Summary of financial results for the year 16
FRD 22H Significant changes in financial position for the year 17
FRD 22H Major changes or factors affecting performance 17
FRD 22H Subsequent events 17
FRD 22H Application and operation of the Freedom of Information Act 1982 39
FRD 22H Compliance with building and maintenance provisions of Building Act 1993 40
FRD 22H Application and operation of the Public Interest Disclosures Act 2012 41
FRD 22H Application and operation of the Carer’s Recognition Act 2012 42
FRD 22H Details of consultancies over $10,000 36
FRD 22H Details of consultancies under $10,000 38
FRD 22H Disclosure of government advertising expenditure 36
FRD 22H Disclosure of ICT expenditure 38
FRD 22H Statement of availability and other information 47
FRD 24D Reporting of office based environmental impacts 43
FRD 25D Local Jobs First 35
FRD 29C Workforce data disclosures 28
SD 5.2 Specific requirements under Standing Direction 5.2 82
Compliance attestation and declaration
SD 5.4.1 Attestation for compliance with Ministerial Standing Direction 48
SD 5.2.3 Declaration in report of operations 2
SD 5.2.2 Declaration in financial statements 82
Other requirements under Standing Directions 5.2
SD 5.2.1(a) Compliance with Australian accounting standards and other authoritative pronouncements 60
SD 5.2.1(a) Compliance with Standing Directions 60
SD 5.2.1(b) Compliance with model financial report 60
Other disclosures as required by FRDs in notes to financial statements
FRD 110A Balance sheet 58
FRD 110A Cash flow statement 59

Legislation

Act Page in document
Local Jobs First Act 2003 34
Freedom of Information Act 1982 39
Building Act 1993 40
Public Interest Disclosures Act 2012 41
Carers Recognition Act 2012 42
Disability Act 2006 42
Financial Management Act 1994 48