Department of the Legislative Assembly, Northern Territory Government

ANSWERS TO WRITTEN QUESTIONS - Answered by 17 April 2007

16 August 2005

45. Chief Minister - Ministerial Staff Travel

Ms CARNEY to CHIEF MINISTER

1. Please advise the detail of all intra-Territory or interstate trips undertaken by any of your ministerial staff that you were not present on where that staff member was travelling to a meeting on your behalf.

2. Would you detail the purpose of such trips and costs incurred by the ministerial staff on any such trips?

3. Would you detail the duration of each such trip?

ANSWER

No intra-Territory or interstate trips were undertaken by any ministerial staff on the Chief Minister’s behalf.

51. Office of Chief Minister – Office Staffing

Ms CARNEY to CHIEF MINISTER

1. How many staff are currently employed in your ministerial office?

2. What was your office staffing level at 1 July 2004?

3. Detail the positions allocated in your office.

4. How many staff are employed by you in Alice Springs?

5. Detail the positions.

6. Are any staff employed under the office of the Chief Minister in any other Territory centres? If so, where and how many?

7. How many positions in the Office of the Chief Minister are secondments from departments that are not on your books; that are paid for by the departments they were seconded from?

ANSWER

1. A total of 25 staff were employed as at 31 August 2005. This did not include staff within the Office of Central Australia, which are detailed at Questions 4 and 5.

2. The office staffing level at 1 July 2004 was 25.
    3. Positions allocated within my office as at 31 August 2005 were as follows:
        Position Title:

        Chief of Staff
        Senior Ministerial Adviser x 2
        Ministerial Adviser x 5
        Head of Media Office
        Media Adviser
        Media Assistant x 3
        Head of Communications & Research
        Communications & Research Officer
        Office Manager
        Personal Secretary to Chief Minister
        Personal Secretary to Chief of Staff
        Senior Ministerial Assistant
        Ministerial Assistant x 3
        Administration Officer x 2
        Media/ Administrative Assistant
      4. A total of 6 staff were employed in Alice Springs as at 31 August 2005.

      5. Positions allocated within the Alice Springs Office of Central Australia were as follows:
          Position Title:

          Ministerial Adviser x 3
          Ministerial Officer
          Administrative Officer x 2

      6. There are no staff employed in any other Territory centres.

      7. There was one position on secondment from the NT Tourist Commission as at 31 August 2005.

      58. Office of Chief Minister – Post-Budget Promotions

      Ms CARNEY to CHIEF MINISTER

      1. Was any money spent by the Office of the Chief Minister on the 2005-06 post-budget promotion campaign?

      2. If so, how much was spent on print media?

      3. How much was spent on electronic media?

      4. How much was spent on brochure production and direct mail?

      5. How much was spent on DVD/CD production?

      6. The 2004-05 post-budget promotional campaign included literature printed in language other than English. Was any of the 2005-06 budget promotional campaign literature printed in language other than English? If so, which languages and at what cost?

      ANSWER

      Questions 1 to 5:

      Following the handing down of the 2005-06 budget, the Chief Minister wrote to some 77 000 families/individuals about the budget, enclosing a budget newsletter.

      The cost of printing the letters was $22 355.86 and the cost of the envelopes was $3923.50. These costs were met by the Office of the Chief Minister (the cost of the newsletter was met by NT Treasury and the cost of distribution of the newsletters was met by the Treasurer’s Office).

      Question 6:

      No budget materials were prepared in languages other than English either by NT Treasury or the Office of Multicultural Affairs’ Interpreter and Translator Service.

      63. Office of Chief Minister – Review of Central Australia Office

      Ms CARNEY to CHIEF MINISTER

      What was the outcome of the review into your office in Central Australia by Metis Consulting?

      ANSWER

      The Office for Central Australia was restructured.


      77. Ah Kit/Anderson – Costs and Damages

      Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

      Have expected future costs and a damages award against Mr Ah Kit been budgeted for and, if so, what is the amount of the allocation?

      ANSWER

      Whether or not costs were budgeted for is a matter for the Department of Local Government, Housing and Sport.

      As to the amount expended, that information was provided to your office in 2006 in response to an application made under the Information Act.

      78. Crime Victims’ Assistance

      Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

      1. How many CVA applications were filed in 2004-05; and how are costs to be saved when the number of applications is stable?

      2. How will you review the scheme and increase the costs lawyers can claim so that it is profitable for them to do so and, in turn, they will be able to represent more victims?

      ANSWER

      1. There were 472 CVA (crime victims assistance) applications filed in 2004-05 and 478 applications filed in 2005-06.

        Under the current scheme under the Crime (Victims Assistance) Act, application levels are relatively stable. However, amendments to the scheme were passed in late 2002 mainly aimed at reducing the legal costs associated with the scheme by imposing a cap on legal fees. In 2001-02 and 2002-03 financial years, legal costs were running at approximately 42% of the scheme (or around $2.5m). By the 2005-06 financial year, that percentage has reduced to approximately 30% of the costs of the scheme.

        Although this has reduced costs to an extent, it is still considered to be inappropriately high. For example, the percentage of costs under the Tasmanian scheme is approximately 9%. It is considered to be preferable to ensure that the highest proportion of funds be made available to victims, the intended beneficiaries of the scheme, rather than to lawyers. This is one of the motivations for the reforms that were passed in May 2006, but are yet to commence.
      2. The reforms to the current victims financial scheme are contained in the Crime (Victims Assistance) Act 2006. It is proposed to commence this legislation in early 2007.

        The reforms repeal the current court-based compensation scheme and replace it with a new administrative assessment scheme for the provision of financial assistance to victims of violent crime. It also establishes a counselling scheme which will provide immediate counselling assistance to victims.

        The application and assessment process will be greatly simplified, making it easier and more accessible for many victims. Compensation for the injury itself will be assessed by reference to a table of ‘compensable injuries’ which will specify set amounts for specific injuries, as compared to the current scheme which determines awards according to common law principles. A new Crime Victims Services Unit (CVSU) is also to be established to assist victims with their applications and administer the assessment process.

        As the scheme will no longer be court-based and assessments will be determined by reference to an administrative table, legal representation will not be necessary for the initial application process. Victims will not be excluded from seeking legal advice, particularly from community legal organisations; however, the level of assistance required will be greatly reduced.

        Legal costs will still be available in relation to appeals to the Local Court. Costs will be set at 80% of the Supreme Court scale.

      79. Solicitor for the Northern Territory – In-house Work

      Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

      1. In percentage terms, how much of the work of the Solicitor for the Northern Territory is performed in-house and how much is outsourced?

      2. How does that compare with the previous two financial years?

      ANSWER

      See Attachment A.

      81. Client Satisfaction Measurement

      Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

      Client satisfaction is expressed at 85%. How is that measured?

      ANSWER

      Witness Assistance Service (WAS) client satisfaction is measured by results of a survey distributed to WAS clients.

      84. Summary Prosecutions Figures

      Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

      1. In reference to the Department of Justice Annual Report, the figures for the work of Summary Prosecutions show an increase in the number of files of 1100 between 2002-03 and 2003-04 in Darwin. Is it not the case that the reason for this increase is that there is more crime?

      2. How can the number of cases increase without there being no increase in crime?

      3. The director said in his report that Summary Prosecutions figures in Alice Springs ‘highlight the urgent need for a permanent staff increase with a 19% increase in new files …’. How can crime be going down when there are figures like this?

      4. Should not Territorians trust those figures more than the ones coming from your office?

      ANSWER

      1. The Northern Territory government has increased police numbers and also increased the overall Police, Fire and Emergency Services budget by 55% since 2001. As a result of increased numbers and increased capacity, there has been both increased detection and increased arrests. The confidence this inspires also leads to increased reporting. Clean-up rates have also increased.

      2. See Question 1 answer.

      3. See Question 1 answer.

      4. See Question 1 answer.

      85. Director of Public Prosecutions – Sexual Assault Prosecutions

      Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

      1. Prior to the 2005 election, you announced $200 000 for the Director of Public Prosecutions to prosecute sexual assault matters. Will the prosecutors only be working on sexual assault matters?

      2. In 2004-05, the Director of Public Prosecutions received $7.3m. Its funding has been increased to approximately $7.7m. $200 000 of this is for sexual assault prosecutors. That is not a very significant increase given the high caseloads and new files opened as outlined in the annual report. Why was any additional funding not provided?

      3. Was a request for additional funds made by the director?

      4. If so, how much?

      5. If a request was made but not approved, why not?

      ANSWER

      In 2005-06 the Office of the Director of Public Prosecutions (ODPP) received additional funding of $200 000 to establish a sexual assault unit. As a result, two prosecutors were employed, one in the Darwin office and the other in Alice Springs. In addition to prosecuting complex cases, the additional prosecutors also act as consultants to other prosecutors in the ODPP. The increase in staff has resulted in an increase in the capacity of the office to provide advice and support to police investigating cases of sexual assault.

      Requests for funding made by government agencies are dealt with through the Budget Cabinet process, the deliberations of which are confidential. I am not at liberty to confirm whether any such requests were made by the DPP.

      It should be noted, however, that an increase in funding of over 22% has been received by the ODPP since the mini-budget to 2006-07. Details of the increase are shown in Attachment A.

      86. Supreme Court Conviction Rates and Sexual Assault Matters

      Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

      1. What is the conviction rate in the Supreme Court for all matters involving trial by jury for 2004-05?

      2. What was the conviction rate in 2003-04 and 2002-03?

      3. Do you accept that few reports of unlawful sexual assaults result in convictions?

      4. As Attorney-General, is it not your role to monitor conviction rates?

      5. Of the convictions recorded for unlawful sexual intercourse, what percentage were a result of pleas of guilty and how many were a result of guilty verdicts at trial for the years 2001-02, 2002-03, 2003-04 and 2004-05?

      6. How many convictions at trial were there in 2004-05 for sexual assault matters?

      7. Of the convictions recorded for indecent assaults, what percentage were a result of pleas of guilty and how many were a result of guilty verdicts at trial for the years 2001-02, 2002-03, 2003-04 and 2004-05?

      ANSWER

      1. The conviction rate in the Supreme Court involving trial by jury in 2004-05 was 51%.

      2. The conviction rate in the Supreme Court involving trial by jury in 2002-03 was 60% and in 2003-04 was 56%.

      3. It is difficult to answer this question with accuracy. The Office of the Director of Public Prosecutions does not record the number of complaints of sexual assault which do not result in a person being charged with an offence. Additionally, no specific time frame has been given in the question.

      4. As part of the performance measures set by the Office of Director of Public Prosecutions, conviction rates are published in both the director’s annual report and the Department of Justice Annual Report.

      5. The Attachment A table details the number and percentage of guilty pleas and guilty verdicts for sexual assault convictions. Please note that the department is not currently able to separate unlawful sexual intercourse from other sexual assaults (ie gross indecency).

      6. Refer to the Attachment A table.
        7. Refer to the Attachment A table.

        89. Outcome of Inquiry into Actions of Mr Gillies

        Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

        1. There was an inquiry into complaints made about Mr Gillies. Please outline the nature of those complaints?

        2. Were you aware that Mr Gillies continued to sit as a magistrate even after various details of the inquiry were made public?

        3. Do you think that once details of complaints against a magistrate and details of inquiry are made public, that this undermines the public’s confidence in the administration of justice?

        4. In the event that a similar matter arose in the future, what steps would you take to ensure that details were not made public, thereby undermining public confidence in the administration of justice?

        5. You advised after Mr Gillies resigned that he had received a payment from government. What was the amount paid?

        6. On what basis was the money paid? Did he resign or was a deal worked out? If there was a deal, what were the terms of the deal?

        7. If the deal was confidential, why is it confidential? How will the public know what has happened to their money?

        ANSWER

        1. The nature of the complaints made about Mr Gillies were in relation to his suitability to fulfil the office of Stipendiary Magistrate.
          2. Yes.

          3. The fact of the process, which was announced by government, would have a positive effect on public confidence in the administration of justice.

          4. Similar steps would be taken to maintain confidentiality.

          5. The amount paid to Mr Gillies is confidential. The Auditor-General, who is the proper officer to protect the public interest in government expenditure, was advised of the details.

          6. The terms of resolution of the matter are confidential. The Auditor-General was advised of the terms.

          7. The terms of the resolution were confidential, including at the request of Mr Gillies. This is the usual basis on which such matters are resolved. All Territory governments elected since self-government have recognised this, and sound policy reasons exist for this approach. The Auditor-General protects the public interest in respect of the expenditure of public money.

          214. Community Visitor Program

          Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

          The Community Visitor Program deals with complaints about Mental Health Services and is meant to keep a check on services to ensure they are being provided correctly. It runs out of the Anti-Discrimination Commission, which sits in the Department of Justice.

          1. I understand the budget for this unit in 2004-05 was $70 000?

          2. Currently, the unit is not funded to provide an inspection service to places like Tennant Creek or Nhulunbuy, even though these places have Mental Health Services. Is this an issue or problem that you will be addressing, and when?

          3. Is part of the problem for this unit the fact it sits within Department of Justice and Department of Health and Community Services?

          4. Given all the problems we are facing with regard to the provision of Mental Health Services, do you not think this unit, which is meant to monitor them and deal with complaints, should be well resourced?

          ANSWER

          The budget for the Community Visitor Program in 2004-05 was $70 000.

          The Community Visitor Program’s Principal Community Visitor, Mr Tony Fitzgerald, has sought and obtained an additional $50 000 per annum for the program from the Department of Health and Community Services. The funding will take effect from 2006-07.

          The department is satisfied that the additional funding will be sufficient to meet the Department of Health and Community Services’ expectations of the program.

          29 November 2005

          245. Department of Justice - Outstanding Debtors

          Ms CARNEY to MINISTER for JUSTICE and ATTORNEY-GENERAL

          1. Is there an outstanding debt owed to your department by the former member for Macdonnell, Mr Neil Bell?

          2. If so, can you confirm that the outstanding amount is $38 617.68 or an amount thereabouts?

          3. If this debt is still outstanding, why has this debt not been pursued in like manner to all other outstanding debtors owing money to your department.?

          ANSWER

          On 25 November 2005, the then Attorney General, Dr Peter Toyne, announced that the government had decided to waive its $35 000 legal costs from the former member for Macdonnell, Mr Neil Bell. The costs were incurred by Mr Bell in a defamation action by former CLP minister, Mr Fred Finch, against Mr Bell.

          Mr Bell is still liable for the $5000 defamation awarded to Mr Finch.

          At the same time, Dr Toyne announced the government would use part of the $500 000 recovered from NAALAS in the NAALAS-v-Bradley and the Northern Territory matter, to reimburse former Opposition Leader, Mr Denis Burke, the $43 000 awarded against him in his contempt of court case.

          The government made these decisions based on advice from the Solicitor for the Northern Territory.


          ANSWERS TO WRITTEN QUESTIONS
          Question 79
          ATTACHMENT A


          Question 85
          ATTACHMENT A


          ODPP SIGNIFICANT BUDGET INCREASES BY FINANCIAL YEAR
          Significant Funding

          $000

          Explanation
          2001-02
          Nil
          Mini-Budget start
          888
          Increase in Increase base funding to reflect increase workload
          2002-03
          517
          Increase base funding to reflect increase workload
          2003-04
          Nil
          2004-05
          100
          Increase base funding to reflect increase workload
          2005-06
          200
          Sexual assault prosecution

          Question 86
          ATTACHMENT A
          Year
          Total no of convictions
          No Guilty Pleas
          % Pleas
          Guilty at trial
          % Guilty at Trial
          2004-05Adult 1
          21
          16
          76
          524
          Child 2
          19
          17
          89
          211
          Total
          40
          33
          82
          718
          2003-04Adult 1
          8
          7
          87
          113
          Child 2
          6
          6
          100
          0 0
          Total
          14
          13
          93
          1 7
          The previous data management system used (CRIMS) did not have the ability to retain detailed data. Therefore, specific statistics cannot be obtained for 2001-02 and 2002-03.
          1 Refers to victims of sexual assault.
          2 Those under 16 years of age.
          Last updated: 04 Aug 2016