JACS Governance Framework - justice.act.gov.au

JACS GOVERNANCE FRAMEWORK UNCONTROLLED IF PRINTED

Review Date: 29 June 2020 1

JUSTICE AND COMMUNITY SAFETY DIRECTORATE

JUSTICE AND COMMUNITY SAFETY GOVERNANCE FRAMEWORK



DOCUMENT INFORMATION Approval

Date approved/effective: 29 June 2018

Approved by: Alison Playford, Director-General

Signature:

_____________________________________________________

Review Date: 29 June 2020

Details

Document Properties Approval Details

Framework Name: JACS Governance Framework

Framework Number: JACS Framework 02

Framework Type: Strategic

Custodian: Executive Director, Governance

Framework Advisor: Executive Director, Governance

Responsible Branch: Governance

Stakeholders: All JACS Staff

Document References and/or Legislation:

Public Sector Management Act 1994

Public Sector Management Standards 2016

Financial Management Act 1996

ACTPS Code of Ethics

ACTPS Integrity Policy

Strengthening Performance and Accountability: A framework for the ACT Government

http://www.legislation.act.gov.au/a/1994-37/default.asp

http://www.legislation.act.gov.au/di/2016-251/default.asp


http://injacs/policiesandprocedures/Wiki%20Pages/ACT%20Public%20Service%20Code%20of%20Ethics.aspx

http://injacs/policiesandprocedures/Wiki%20Pages/ACTPS%20Integrity%20Policy.aspx

http://www.cmd.act.gov.au/__data/assets/pdf_file/0020/184601/Strengthening_Prefromance_and_Accountability_-_A_Framework_for_the_ACT_Government.pdf

http://www.cmd.act.gov.au/__data/assets/pdf_file/0020/184601/Strengthening_Prefromance_and_Accountability_-_A_Framework_for_the_ACT_Government.pdf



Amendment History

Version Issue Date Amendment Details Author

1.0 1 July 2015 New Structure Executive Director, Governance

1.1 September 2015 Minor updates Governance Policy Officer

1.2 June 2016 Replaced a number of TOR Executive Director, Governance

1.3 August 2016 • Added Sustainability Committee TOR;

• Added Audit and Risk Sub Committee TOR;

• Added Strategic Finance TOR;

• Updated Strategic Board structure;

• Amended process around delegations;

• Removed strategic plan poster.

Executive Director, Governance

1.4 June 2017 Review of the framework Executive Director, Governance

1.5 July 2017 Further refinement of the structure.


2.0 June 2018 Complete review of framework

Removed sustainability committee

Removed audit sub-committee

Updated Strategic Board Information




DEFINITION OF TERMS

Term Definition

ACT Legislative Assembly

The Legislative Assembly for the ACT is the legislative seat of government of the nation’s capital territory.

The Assembly has the power to:

• make laws

• investigate and debate matters of public importance

• review the actions of the Government

• oversee the financial matters of the Government.

ACT Public Service Strategic Board

The Strategic Board has been established as the peak ACTPS forum for debate and delivery on cross-cutting and strategic issues by Directors-General. It takes a whole of government, single agency and strategic approach to its role.

Audit and Performance Improvement Committee (APIC)

The APIC provides independent advice to the Director-General and reports to the Strategic Management Committee and JACS Executive Committee on internal control processes including but not limited to:

• internal and external audit functions, governance structure

• risk management

• work health and safety

• fraud control

• business continuity

Business Continuity The uninterrupted availability of all key dependencies/resources supporting critical business processes/activities.

Caretaker

During the caretaker period, the ongoing business of government service delivery and administration continues. However, successive Australian Capital Territory governments have followed a series of accepted practices, known as the "caretaker conventions" which aim to ensure that their actions do not bind an incoming government or limit its freedom of action. In summary, the conventions are that the Government avoids:



Term Definition

• making major policy decisions that are likely to commit an incoming government

• making significant appointments

• entering into major contracts or undertakings.

Code of Conduct

The Code of Conduct is founded on the ACT Public Service (ACTPS) values of Respect, Integrity, Collaboration and Innovation and ten signature behaviours that all people employed under the PSM Act are expected to demonstrate.

The ACTPS signature behaviours embody the principles of decency, courtesy, professionalism and fairness and exemplify ways of working and the workplace culture that the ACTPS strives to nurture.

Code of Ethics

The Public Sector Management Act 1994 (the PSM Act), sets out the expectations that the government and the community have about the professionalism and probity of the ACTPS, and the important values and principles that guide public administration. Section 6 of the PSM Act sets out these principles in some detail. The principles are:

• Service to the Public

• Responsiveness to the Government and the needs of the Public

• Accountability

• Fairness and Integrity

• Efficiency and Effectiveness

These five principles underpin the detailed Code of Ethics contained in section 9 of the PSM Act. The Code of Ethics sets out the obligations that apply to everyone employed under the PSM Act. In combination, the statement of values and principles in section 6 and the Code of Ethics in section 9 provide the primary framework that makes clear the standards of conduct required and expected of the public service.

Conflict of Interest

A conflict of interest arises when a person has two duties that conflict, or, more specifically, Black's Law Dictionary defines it as “a real or seeming incompatibility between one's private interests and one's public or fiduciary duties.”



Term Definition

Actual conflict of interest is where the improper influence is occurring or has occurred in the past.

Perceived conflict of interest arises when it appears that an employee’s private interest could improperly influence the performance of their duties but this is not in fact the case. Potential conflict of interest arises where a public official has private interests that are of such a nature that a conflict of interest would arise if the staff were to become involved in official responsibilities in the future related to those interests.

Delegation

A delegation is where one entity entrusts a function to another person.

In the environment of JACS, this usually means that the Director-General or Minister has been given a function under legislation, and they delegate down that function to people in the directorate to carry out. A function includes an authority, duty, or power.

The delegate makes a decision or exercises a function on behalf of the Director-General or Minister.

Director-General Director-General, Justice and Community Safety (Head of the Agency)

Director-General Financial Instructions (DGFI)

In accordance with the Financial Management Act 1996, all authority and accountability for JACS rests with the Director-General.

DGFI’s are designed to empower managers to manage their own areas of responsibility. These instructions provide an overall framework for the financial operations within JACS without specifying procedural details.

Directorate Consultative Committees Enterprise Agreements require the establishment of a DCC. Due to the diversity of the JACS, there are separate arrangements in place for each of the three principal unions to ensure that the Director-General is able to comply with consultative requirements.

Employee All permanent, temporary and casual staff employed in JACS are employed under the Public Sector Management Act 1994.



Term Definition

Information Management Information Communication Technology Committee (IMICTC)

IMICTC is responsible for the implementation of the JACS ICT Strategy and supporting the directorate to achieve its IMICT priorities through relevant policies, projects and business cases for investment.

JACS Ministers

The Justice and Community Safety Directorate is responsible to the:

• Attorney-General

• Minister for Police and Emergency Services

• Minister for Corrections

• Minister for Justice, Consumer Affairs and Road Safety

JACS Justice and Community Safety Directorate.

The directorate comprises the following business units:

• Office of the Director-General

• Corporate

• ACT Corrective Services

• Emergency Services Agency

• ACT Courts & Tribunal

• Legislation, Policy and Programs

• Parliamentary Counsel’s Office

• ACT Government Solicitor

• Director of Public Prosecutions

• ACT Human Rights Commission

• Public Trustee and Guardian

• Security and Emergency Management Branch

JACS Strategic Management Committee (SMC)

The SMC is the executive decision making body established to set the strategic direction of the directorate and address strategic risks to ensure the directorate is equipped to meet its objectives. The Committee will monitor and direct the delivery of those strategic objectives and manage strategic risks.



Term Definition

JACS Executive Committee (JEC)

JEC is a committee that brings together all business unit heads on a monthly basis for the purposes of collaboration and sharing information that relates to the whole of directorate or whole of government more broadly, with support and advisory capacity as required.

JACS Finance Forum

The FF was established for the purposes of dealing with financial matters specifically to ensure the directorate is operating within its budget and to assist in identifying risks or other financial management obligations that may require further action or advice to JACS Executive. The forum will also accommodate knowledge sharing, provision of training and financial support from Strategic Finance to JACS Business Units and collaboration with the aim of continuous improvement.

Public Interest Disclosure (PID) The PID scheme encourages public officials to report suspected wrongdoing in the Australian public sector.

Staff/Employee/Volunteer Includes all permanent, temporary and casual staff employed in JACS under the Public Sector Management Act 1994 and volunteers.

Work Health and Safety and Wellbeing Committee

The Committee is the peak committee for consultation on the Directorate’s workplace health and safety matters. The Committee has been established in accordance with the Work Health and Safety Act 2011 and the Public Service Management Act 1994.

Westminster System

The Westminster system is a parliamentary system of government modelled after that which developed in the United Kingdom. This term comes from the Palace of Westminster, the seat of the British parliament. The system is a series of procedures for operating a parliament.

Workforce Strategy Implementation Committee (WSIC)

The committee is responsible for the implementation of the workforce strategy and ongoing business improvement in the workforce space.



Contents

DOCUMENT INFORMATION ...................................................................................................... 2

DEFINITION OF TERMS ............................................................................................................. 4

1. OUR CORPORATE GOVERNANCE FRAMEWORK ................................................................ 11

DIRECTOR-GENERAL’S MESSAGE .................................................................................. 11

2. PURPOSE ..................................................................................................................... 13

3. ACT GOVERNMENT FRAMEWORK .................................................................................. 13

3.1 ACT LEGISLATIVE ASSEMBLY ............................................................................. 13

3.2 ADMINISTRATIVE ARRANGEMENTS................................................................... 14

3.3 MINISTERS’ OFFICES ........................................................................................ 14

3.4 BUDGET PROCESSES ........................................................................................ 14

3.5 CABINET ........................................................................................................ 15

3.6 CARETAKER .................................................................................................... 15

3.7 ACT PUBLIC SERVICE ....................................................................................... 15

3.8 HEAD OF SERVICE ........................................................................................... 15

3.9 DIRECTOR-GENERAL ........................................................................................ 15

3.10 STATUTORY OFFICE HOLDERS ........................................................................... 16

4. GOVERNANCE PRINCIPLES ............................................................................................. 16

4.1 PRINCIPLE OF ACCOUNTABILITY ....................................................................... 16

4.2 STATEMENT OF COMMITMENT TO GOVERNANCE PRINCIPLES ............................. 16

4.3 ETHICS AND VALUES ....................................................................................... 18

4.4 ACCOUNTABILITY AND COMPLIANCE MONITORING ............................................ 18

4.5 LEGISLATIVE AND POLICY COMPLIANCE ............................................................. 19

4.6 DELEGATIONS................................................................................................. 19

4.7 CHANGES TO DELEGATIONS ............................................................................. 20

4.8 AUTHORITY TO MAKE DECISIONS ..................................................................... 20

4.9 ACCOUNTABILITY REPORTING .......................................................................... 21

4.10 RISK MANAGEMENT ........................................................................................ 21

4.11 BUSINESS CONTINUITY .................................................................................... 22

4.12 FRAUD AND CORRUPTION ............................................................................... 22

4.13 PUBLIC INTEREST DISCLOSURE ......................................................................... 22

4.14 REPORTABLE CONDUCT ................................................................................... 22

4.15 COMPLAINTS MANAGEMENT ........................................................................... 23

4.16 STAKEHOLDER MANAGEMENT ......................................................................... 23

4.17 PERFORMANCE MONITORING, EVALUATION AND REPORTING ............................ 23



5. WHOLE OF GOVERNMENT GOVERNANCE FRAMEWORK ................................................... 24

5.1 STRATEGIC BOARD .......................................................................................... 24

6. JACS GOVERNANCE FRAMEWORK .................................................................................. 25

7. REVIEW ....................................................................................................................... 25

8. ENQUIRIES ................................................................................................................... 25

TERMS OF REFERENCE 1 STRATEGIC MANAGEMENT COMMITTEE (SMC) ..................................... 26

TERMS OF REFERENCE 2 JACS EXECUTIVE COMMITTEE (JEC) ...................................................... 28

TERMS OF REFERENCE 3 FINANCE FORUM (FF) ......................................................................... 30

TERMS OF REFERENCE 4 AUDIT AND PERFORMANCE IMPROVEMENT COMMITTEE (APIC) ............. 33

TERMS OF REFERENCE 5 WORKFORCE STRATEGY IMPLEMENTATION COMMITTEE ....................... 37

TERMS OF REFERENCE 6 INFORMATION MANAGEMENT INFORMATION COMMUNICATION TECHNOLOGY (IMICT) ............................................................................................................ 40

TERMS OF REFERENCE 7 WORK HEALTH AND SAFETY AND WELLBEING COMMITTEE .................... 43



1. OUR CORPORATE GOVERNANCE FRAMEWORK Director-General’s Message As Director-General of the Justice and Community Safety Directorate (JACS), I am accountable to the Ministers and through the Ministers, to the ACT Legislative Assembly for all aspects of the administration and management of JACS.

Having an effective governance framework ensures that we meet our accountabilities and position JACS to achieve the best results for the ACT Government and community.

We must continually evolve governance arrangements to ensure that business objectives are met effectively, efficiently and transparently. Accordingly, we have recently reviewed the framework to reflect changes to our strategic priorities, structural alignment and current best practice.

This new governance framework will allow us all to achieve for government and the community to better monitor and manage the directorate’s strategic, operational, financial and compliance risk exposures. It will support the directorate structure and delegated authority to clearly place accountability with responsible positions.

With accountability comes an obligation to operate within the governance framework and to ensure that all decision making is lawful, well informed and transparent.

This framework has been developed to reflect the six core principles of governance – accountability, transparency/ openness, integrity, stewardship, leadership and efficiency. These six core principles, as detailed by the Australian National Audit Office1 are translated within the JACS governance framework to ensure that the framework is conducive to maximising the performance and conformance of the organisation.

My responsibilities are prescribed by legislation, including:

• Annual Reports (Government Agencies) Act 2004

• Discrimination Act 1991

• Enterprise Agreements

• Financial Management Act 1996

• Freedom of Information Act 2016

• Government Procurement Act 2001

• Human Rights Act 2004

• Information Privacy Act 2014

• Legislation Act 2001

• Ombudsman Act 1989

• Public Interest Disclosure Act 2012

• Public Sector Management Act 1994

• Territory Records Act 2002

• Work Health and Safety Act 2011.

1 ANAO, Better Practice Guide – Public Sector Governance June 2014



My statutory responsibilities are covered by the current Administrative Arrangements which can be located on the ACT Legislation Register.

The JACS Directorate comprises a range of business units including:

• Office of the Director-General


• ACT Courts & Tribunal

• ACT Director of Public Prosecutions

• ACT Emergency Services Agency

• ACT Government Solicitor


• ACT Parliamentary Counsel’s Office

• ACT Public Trustee and Guardian

• Legislation, Policy and Programs


• Corporate

The directorate requires a strong governance framework that is conducive to the performance and conformance of the organisation.

Alison Playford Director-General

29 June 2018

http://www.legislation.act.gov.au/ni/2016-178/default.asp



2. PURPOSE This framework provides an overview of governance in the directorate. It informs and introduces staff to best practice governance practices that promote the principles of good governance.

The aim of the framework is to assist staff to understand their personal accountabilities, in the context of their legislated responsibilities as a member of the Australian Capital Territory Public Service (under the Public Sector Management Act 1994 (PSM Act)), in accordance with the Financial Management Act 1996 (FMA) and where applicable, as a delegate of the Director-General and in contributing to the performance of the directorate.

The framework is also designed to provide the conditions for:

• meeting our legal obligations

• a unified leadership by providing Executive and staff with clearly defined responsibilities

• high performance through integration of functions as well as strategic, operational and individual performance planning and management processes

• a decision making environment that considers risk and provides transparency in managing situations that may prevent us from meeting our objectives

• a culture of working respectfully, innovatively and collaboratively to seek solutions and solve problems.

3. ACT GOVERNMENT FRAMEWORK 3.1 ACT Legislative Assembly The ACT Legislative Assembly is made up of seventeen Members, who are referred to as Members of the Legislative Assembly (MLAs). The Assembly’s legal authority is derived from the Commonwealth through the Australian Capital Territory (Self-Government) Act 1988.

The ACT is a city state and the Legislative Assembly performs various state and municipal functions. This makes it a unique parliament within Australia, acting at a state level in some matters (e.g. education and health) and at a local council level in others (e.g. maintaining urban open spaces and waste management).

The work of Members of the ACT Legislative Assembly is diverse. All members have electorate and parliamentary responsibilities; those who belong to political parties also have party responsibilities. The formation of an official opposition is a feature of parliamentary democracies based on the Westminster model. The largest non-government party forms the opposition. The opposition’s role is to question what the government does, to scrutinise government policies and administration in order to highlight any weaknesses or deficiencies.

The Assembly has power to make laws, investigate and debate matters of public importance, review the actions of the Government, and oversee the financial matters of the Government. The Assembly has a strong committee system. Standing Committees are formed at the beginning of an Assembly’s term and exist until the next election. Committees reflect the representation of all groups and parties in the Assembly. They inquire into matters of concern to the Assembly or to members of the community.

Under the Westminster system, the Assembly, the Executive and the Judiciary combine to form the constitutional framework for the ACT. The Judiciary is responsible for ensuring the rule of law. The judges of the Supreme Court and magistrates of the Magistrates Court interpret statute and



common law and apply it to individual cases. These could be civil, criminal or administrative actions. The Judiciary is independent from the Executive and the Legislature.

3.2 Administrative Arrangements The Chief Minister appoints Ministers (referred to as the Executive) to oversee the day-to-day running of the Territory. The responsibilities (portfolios) of each Minister are notified in the Administrative Arrangements which is published on the ACT Legislation Register.

3.3 Ministers’ Offices Ministers in the ACT Government are rightly expected to uphold and demonstrate the highest standards of personal and professional conduct. The Code of Conduct for Ministers in the ACT Government states that Ministers have individual and collective responsibilities.

Traditionally, communication between Ministers and their administrative agencies has been formal, in writing between the Minister or their Chief of Staff and the head of an agency. In recent decades the role of Ministerial Staff has become more prominent in the relationship between Ministers’ offices and administrative agencies. This means that communication between a Minister’s Office and an ACT Government Directorate may occur by letter, email, oral briefing, phone call, text message and voicemail.

The focus for the Minister’s Office is responsiveness to portfolio priorities. ACT Government Directorates have processes in place which allow for communication flow between a Minister’s Office and their directorate. However, occasionally information may be requested informally outside of these processes. Good practice for directorate staff in these situations is to document any requests from ministerial staff.

The Ministerial Services Unit together with the Directorate Liaison Officers play a key role in provide effective advice, support and governance around managing information between the directorate, other directorates and the Minister’s Office.

3.4 Budget Processes The Executive (the Chief Minister, Treasurer and other ministers) are responsible for developing and managing the budget for the Australian Capital Territory.

The ACT budget reflects the government’s priorities and the state of the ACT’s finances. The budget provides the Assembly and the community with details of the government’s expected revenue and expenditure. The ACT budget is usually delivered and an appropriation bill tabled in the Legislative Assembly in the first Tuesday in June each year by the Treasurer. Although the budget is delivered midyear, the process for considering funding priorities for the following year begin as early as September the previous year.

The Executive is held accountable for its budgetary decisions through scrutiny in the Legislative Assembly and through a Select Committee on Estimates and the Standing Committee on Public Accounts.

http://www.legislation.act.gov.au/

http://www.cmd.act.gov.au/__data/assets/pdf_file/0008/298772/MinCodeofConduct2012.pdf



3.5 Cabinet Cabinet is a convention which, in the ACT, involves members of the Executive meeting, discussing and making decisions on government business. Cabinet has no legislative status, it is a convention and administrative device that makes the running of government possible. Cabinet decisions do not have the force of law. If legislation is needed, it must be passed by the Legislative Assembly. However, for most public sector agencies a Cabinet decision will be equally as compelling.

The Cabinet functions on consensus-based decision making and collective responsibility. Strict confidentiality allows Ministers to discuss proposals frankly while they are developing a collective position.

Directorates play an important role in briefing their Ministers on matters before Cabinet. Papers for Cabinet fall into four categories: cabinet submissions, appointments, and assembly business and information papers.

3.6 Caretaker Special arrangements apply, by accepted convention, to the operation of the ACT Government in the period immediately before and after an election. Decisions that would bind the incoming government are not normally made during this caretaker period. The Cabinet does not normally meet during the caretaker period.

Caretaker conventions restrict major new policy decisions, new spending initiatives, significant appointments, or major contracts that would commit a new government.

3.7 ACT Public Service It is through the ACT Government workforce that the Executive serves the ACT community. The ACT Public Service comprises directorates, Territory-owned corporations and independent statutory authorities. Each of the seven ACT Government Directorates aligns roughly with the portfolio responsibilities of each Minister and is led by a Director-General. The Director-General of the Chief Minister, Treasury and Economic Development Directorate is also the Head of Service.

3.8 Head of Service The Head of Service is a role which was established in the 2011 revisions to the Public Sector Management Act 1994 (PSM Act).The Head of Service is responsible for the service as a whole; developing and implementing whole-of-government strategies, reporting to the Chief Minister about whole-of-government issues, coordinating activities and outcomes across administrative units, and approval of the structure of the administrative units.

Under section 36(A) of the PSM Act, the Head of Service may delegate to a Director-General and a public sector officer the head of service’s functions under this Act or any other law; or sub-delegate to a public sector officer the functions delegated to the head of service under a Law other than the PSM Act.

3.9 Director-General Under section 31(2) of the Public Sector Management Act 1994 (PSM Act) the Head of Service may engage a person to exercise the functions of an Office of Director-General.

Under Section 20 of the PSM Act, the Head of Service delegates the powers and functions of each agency to the relevant Director-General. The Director-General has a responsibility to comply with a number of practices designed to ensure accountability to the ACT Legislative Assembly and the community for the operations and performance of their agencies.

http://www.cmd.act.gov.au/__data/assets/pdf_file/0004/818554/Guidance-on-Caretaker-Conventions_2016.pdf



In accordance with the PSM Act 1994 and the Financial Management Act 1996 the Director-General is responsible for all actions subsequently taken by the directorate.

3.10 Statutory Office Holders There are a variety of arrangements under which statutory office holders are engaged, which determines their authority to exercise particular functions under the PSM Act and the Financial Management Act.

4. GOVERNANCE PRINCIPLES 4.1 Principle of Accountability Accountability is central to ensuring JACS performs its functions lawfully, effectively, efficiently, ethically and in the best interest of the ACT community.

Accountability defines the expectations of the public concerning the responsible exercise of public power, on matters such as financial probity in government, the behavioural integrity of officials, and the protection of vulnerable members of the community.

4.2 Statement of Commitment to Governance Principles In addition to the principle of accountability, JACS is committed to the application of the principles of transparency and openness, integrity, stewardship, leadership and efficiency. These six core principles, as detailed by the Australian National Audit Office2 are translated within the JACS governance framework into the following statements of commitment.

Accountability

• We will organise ourselves in such a way that our staff understand their responsibilities and accountabilities.

• We will empower our staff with the knowledge, skills and resources to exercise responsibilities at their own level.

• We will set up frameworks and structures to provide escalation points to handle issues where the risk exceeds the responsibilities of an individual.

• Fulfilling these commitments will enable JACS and its staff to satisfy external scrutiny and be answerable for their decisions and actions.

Transparency/openness

• We will maintain accurate, accessible records of the reasons for our decisions and actions.

• When developing policies or programs we will be informed by open, meaningful consultation with stakeholders.

• We will provide well-grounded advice to and work effectively with the Government of the day.

Fulfilling these commitments will ensure that stakeholders can have confidence in the decision-making processes and actions of JACS and its staff.

2 ANAO, Better Practice Guide – Public Sector Governance June 2014



Integrity

• We will promote a culture of fiscal responsibility, prudence and probity and we expect to communicate with our staff and stakeholders in a straightforward, honest and objective way

• We do what we say we will do

• We will provide training and support to our staff to build their knowledge and skills.

Fulfilling these commitments will ensure that JACS and its staff display high standards of propriety and probity in the stewardship of public funds and resources, and in managing JACS affairs.

Stewardship

• We recognise that we exercise powers and manage resources on behalf of the ACT and that we are stewards of those powers and resources

• We seek to maintain or improve our capacity to serve the Government and the public over time by ensuring the financial sustainability of our programs

• We seek to build and maintain trust with internal and external stakeholders.

Fulfilling these commitments will ensure that the capacity of JACS and its staff to serve the Government and the public interest is maintained and improved over time.

Leadership

• We will lead by example and support each other to follow our core principles and make appropriate choices

• We will promote a culture that seeks solutions to difficult problems

• We will be respectful of our staff, recognising the skills and contributions that each individual can make

• We will balance concern for our individual staff with the importance of management for the best interests of JACS and the ACT community.

Fulfilling these commitments will ensure that JACS and its staff are focused on developing a creative and innovative culture where staff are empowered to think outside the square and make informed decisions.

Efficiency

• We will make the best use of our resources to further the strategic directions of the directorate by basing our decisions on evidence and the application of the merit principle

• We will make objective choices about our business and public appointments, awarding contracts and recommending individuals for reward or promotion based on merit and assessed on publicly declared criteria

• We will continuously improve governance processes.

Fulfilling these commitments will ensure that the ACT community obtains value for the money when JACS delivers its services on behalf of Government.



4.3 Ethics and Values JACS embraces the ACTPS values and behaviours being:

• respect

• integrity

• collaboration

• innovation.

At the ACT Government level, ethics are promoted through a variety of mechanisms:

• the ACTPS values and behaviours

• general requirements are defined in the PSM Act, particularly section 9, which specifies the standards of behaviour expected from public servants

• specific requirements are detailed in the ACTPS Code of Ethics, which elaborate on the PSM Act and interpret its application

• whole of government integrity and fraud prevention policies

• whole of government procurement processes.

All new staff are made aware of the ACTPS Values and Behaviours and the Code of Ethics during the induction program. Training and awareness programs are also provided regularly across the directorate.

Further, JACS has policies relating to specific ethical matters. The directorate’s Fraud and Corruption Prevention Framework, Policy and Plan is revised on a two year basis to ensure a continued focus on identifying and controlling fraud and corruption risks.

The Fraud and Corruption Prevention Framework, Policy and Plan is a requirement of the Public Sector Management Standards 2006 and is prepared according to ACT Government Guidelines and Australian Standard 8001.

JACS also has policies relating to particular items that in other organisations have been known to give rise to probity and ethical concerns, for example, the JACS Receiving or Giving of Gifts, Benefits and Bribes Policy. Most of these policies have an additional governance role in promoting accountability.

4.4 Accountability and Compliance Monitoring The key elements of accountability and compliance for the directorate includes the:

- Strategic Management Committee which holds key directorate accountability and decision making authority

- Audit and Performance Improvement Committee

- IMICT Committee

- Finance Forum

- Workforce Strategy Implementation Committee



• strategic and business planning arrangements that monitor performance and the way in which the directorate meets its business objectives, specifically in relation to the commitment register reporting

• a series of frameworks, policies and procedures covering:

o a legislative compliance framework and program

o a capability maturity model

o a risk management framework, policy and plan

o a fraud and corruption framework, policy and plan

• up to date delegations and instructions including the Director-General Financial Instructions (DGFI)

• the Code of Conduct and application of the ACTPS behaviours and values which are clear and widely communicated policies and corporate guidance on expected standards of professional and ethical behaviour

• reporting externally to stakeholders on directorate performance (annual report).

4.5 Legislative and Policy Compliance The Administrative Arrangements specify the legislation for which JACS is responsible. That responsibility includes ensuring:

• that subordinate legislation (e.g. regulations) is up to date and is within the power granted by the enabling Act

• that all statutory instruments (appointments, fees, guidelines etc) required under legislation are created, communicated and regularly reviewed.

The directorate has a range of frameworks, policies, corporate guidelines and procedures in place to ensure compliance with legislation and government policies.

4.6 Delegations Delegation permits specific staff to fully discharge their responsibilities, for example, to approve specific expenditure by staff or actions to be taken by staff in the course of their duties.

Staff to whom the Minister, Head of Service or Director-General has delegated powers or authority are accountable to the office who has delegated that power. Unless otherwise specified in legislation, delegated staff cannot sub-delegate their powers or functions to other staff.

Legislation and disallowable and allowable instruments which have been notified on the ACT Legislation Register, for example, Public Sector Management Standards, provide the Head of Service, Director-General and in turn delegated executives with authority to delegate human resource and financial functions to specific staff positions in the directorate.

Delegations for the JACS directorate are available on the JACS intranet at JACS Delegations.

Delegated staff must ensure they only make a decision or act within the limitations that the legislation, DGFI’s, policy, and/or a procedure confers on them.

It should be noted that a number of statutory office holders have their own delegations under legislation and they manage those delegations at the business unit level.

http://injacs/information/Pages/Delegations.aspx



4.7 Changes to Delegations Business units heads must consider delegations particularly if creating new positions, varying positions and/or abolishing positions. Business units must advise MSU if any of these circumstances occur. There have been a number of instances where new positions have been established without the authority to perform Director-General functions.

New Delegations -The business unit is responsible for requesting new delegations for positions that are created or where a new need for delegation arises for an existing position.

Revocations -The business unit must also request revocation of delegations that are no longer required.

Amendments -If a change for a delegation is required (eg the position requires a lower limit on their delegation for expenditure), the new limit will be requested as a new delegation that revokes the old limit.

To assist the Minister or Director-General in making the decision, clear reasons as to why the delegations are appropriate are required on the forms.

The form requires the head of the business unit sign off on all proposed delegations.

As part of the governance oversight, all requests for new or amended delegations should be progressed through Ministerial Services Unit by contacting the team by email at [email protected] or by calling the delegations officer on 62070250.

4.8 Authority to Make Decisions Directorate staff are guided by their manager and the following key documents when deciding who has the appropriate authority to consider a particular matter or to make a decision:

• financial and other delegations

• DGFI’s

• Director-General Frameworks, Policies and Procedures

• Freedom of Information Authorisation

• the directorate’s Risk Management Framework and Guidelines

• the terms of reference of the strategic and governance committees.

When deciding whether information about an issue needs, for instance, to be advised to a more senior officer or referred to a committee, individual staff members and their managers must keep in mind:

• our principles for governance

• the mandatory escalation requirements contained in the JACS Risk Management Framework Policy and Plan document

• the findings of independent reviews which have highlighted the importance of collaboration and strong ongoing Executive oversight of our critical programs.

The SMC, and the supporting committees and the supporting systems and frameworks provide mechanisms for identifying risks, appropriate consultation and referral of matters for decision to nominated decision makers. This ensures that senior managers are always informed of:

• matters where the level of risk has changed to become very high or extreme

mailto:[email protected]



• the progress of projects or programs that are key deliverables for the directorate, or subject to high levels of public scrutiny

• significant implications for the status of our financial, people and information management.

4.9 Accountability Reporting Accountability reporting is undertaken through annual reports, financial reporting, reporting to the ACT Government on funds administered on their behalf, legislative and other reporting. Annual reports are reports from agency heads to their responsible Minister. They provide information about the achievements, issues, performance, outlook and financial position of the agency at the end of each reporting year. The Annual Reports (Government Agencies) Act 2004 sets the framework for annual reporting across the ACT Public Sector. This framework identifies which public bodies provide annual reports and outlines the timeframe for provision of reports.

Government agencies are required by the FMA to prepare annual financial statements. This facilitates the accountability of Directors-General to their Minister(s) and in turn, the Minister(s) to the Legislative Assembly. The FMA also requires Directors-General to prepare an annual statement of performance.

The Auditor-General audits the annual financial and statement of performance of JACS and findings are reported to the Legislative Assembly. From time to time, performance audits on various aspects of service delivery are also undertaken by the Auditor-General.

4.10 Risk Management Risk management is fundamental to the JACS governance environment. JACS has developed a Risk Framework, Statement and Plan which is based upon AS/NZS ISO 31 000:2009 Standard.

The Framework, together with the Internal Audit Charter seeks to provide high level assurance to the Director-General that:

• objectives are being achieved

• risks are being effectively managed

• systems of internal control are operating as designed and in accordance with relevant legislation, frameworks, policies and procedures.

A key element of assurance is delivered through the Auditor-General’s Audit Program, the JACS Internal Audit Program, and a range of other review mechanisms (Ombudsman, Human Rights Commission, Privacy Commission, Public Accounts Committee (PAC)).

JACS also has an audit committee known as ‘Audit and Performance Improvement Committee’ (APIC), which is headed by an independent external chair whose primary focus is to provide assurance to the Director-General.

Each business unit is required to maintain a risk register, which is updated twice a year and presented to APIC for their review and assessment. The risk registers also influence the overarching strategic risk profile for the directorate, and this also influences the internal audit program.


https://infostore.saiglobal.com/store/getpage.aspx?path=/publishing/shop/promotions/AS_NZS_ISO_31000:2009_Risk_Management_Principles_and_guidelines.htm&site=RM



4.11 Business Continuity As part of the risk management framework, JACS is also focussed on business continuity planning. The Auditor-General requires business units to have in place a local business continuity plan, which are tested on an annual basis.

JACS are proactively working with business units to ensure they are aware of the importance of business continuity planning and the need to actively test and learn from the deficiencies identified during the tests.

4.12 Fraud and Corruption JACS is committed to delivering a Fraud and Corruption Control Framework (FCCF) to holistically manage the prevention and detection of fraudulent activities. This FCCF is an integral part of the directorate’s overall Risk Management Framework. Fraud and corruption are business risks that are controlled by the application of risk management principles and this plan is structured to achieve the implementation, continuous monitoring and improvement of controls to manage risk across three themes:

• prevention

• detection

• monitoring.

APIC review the risk plans on a regular basis, which provides assurance to the Director-General that appropriate controls are in place.

Mandatory fraud and corruption awareness training is conducted by People and Workplace Strategy on a regular basis. The Senior Executive Responsible for Business and Integrity Risk (SERBIR) has a presence on the JACS Intranet, and sends out quarterly reminders in regard to our obligations as public servants with regard to fraud and corruption.

JACS also has a standalone email [email protected] that can provide staff with direct access to the Executive responsible for business integrity risk.

4.13 Public Interest Disclosure The Public Interest Disclosure Act 2012 supports and encourages the reporting of wrongdoing in the public sector. The Act provides for any member of the public, including ACT Public Servants to report wrongdoing. The SERBIR is responsible for determining whether an allegation constitutes a disclosure under the Act.

JACS applies the whole of government policy developed by the Chief Minister, Treasury and Economic Development Directorate (CMTEDD) policy.

JACS has a standalone email [email protected] that can provide staff with direct access to the Executive responsible for public interest disclosure.

4.14 Reportable Conduct The Ombudsman Act 1989 incorporates a provision which came into effect in July 2017 that requires employers to notify the Ombudsman about any reportable conduct allegations or convictions involving an employee by submitting a Section 17G Notification as soon as possible, but not later than 30 days after the employer becomes aware of the conduct.

JACS adheres to the requirements of the legislation to and supports staff in understanding their obligations under the scheme.

http://injacs/documentcentre/Policy%20Documents/Risk%20Management%20Plan.pdf





4.15 Complaints Management JACS encourages and supports the feedback at all levels. JACS has a whole of directorate complaints email [email protected]. However, a number of business units have their own complaints protocol.

A JACS complaints policy statement is located on the JACS Intranet as Complaints Management Policy

4.16 Stakeholder Management Governance around effective management of our stakeholder relationships seeks to eliminate traditional barriers to successful implementation of services and programs by:

• involving key stakeholders in decision making processes;

• developing strong business cases that provide incentives for stakeholders to participate; and

• being open to new initiatives that may be perceived as disruptive to standard operations.

We recognise that our stakeholders, both internal and external, have a significant stake in the policy and operational decisions that the government and this directorate make, and the manner in which services and programs are implemented. We are committed to building strong, ongoing relationships with these people, groups and organisations. It is recognised that developing and maintaining stakeholder relationships is one of the most important activities the directorate undertakes, as it assists with more efficient and effective provision of services, and also assists in demonstrating the accountability of the directorate to those stakeholders.

JACS is committed to developing and maintaining effective relationships with a broad range of stakeholders.

4.17 Performance Monitoring, Evaluation and Reporting JACS operates a strong reporting regime called the ‘Commitments Register’ which captures commitments with actions that are expected to be followed through to completion. This register captures and provides weekly, monthly and quarterly reports to SMC.

The Register captures:

• Parliamentary Agreement Commitments

• Budget Commitments

• Government Priorities

• Ministerial Commitments

• Strategic Plan Commitments

• Annual Report Commitments

• Audit Recommendations

• Committee Recommendations

• Legislative Compliance Commitments

• Whole of Government Plan Actions

The register is a strong reporting mechanism that provides the Director-General with a transparent assurance that the directorate is continuing to deliver against those commitments.


http://injacs/policiesandprocedures/Wiki%20Pages/JACS%20Complaints%20Management%20Policy.aspx

http://injacs/policiesandprocedures/Wiki%20Pages/JACS%20Complaints%20Management%20Policy.aspx



JACS also prepares and reports against a range of enabling plans that assist the directorate in meeting strategic commitments. The enabling plans include:

• Strategic Asset Management Plan (to be developed)

• Emergency Management Plan

• Risk Management Plan

• Fraud and Corruption Plan

• Business Continuity Plans

• ICT Strategy

• Workforce Strategy

• Protective Security Policy Framework

At the individual level, the directorate is committed to providing regular performance feedback to staff, which also identifies staff development needs in line with business objectives. The Director-General is responsible for ensuring that each staff member within the agency has a Performance and Development Plan in place that is linked to the achievement of agency objectives, and is regularly reviewed and evaluated. In the case of executives, these agreements are formalised in the form of an Executive Contract.

JACS also implements the ACT Government Evaluation Policy and Guidelines through evaluating policies, programs and projects where appropriate to inform an assessment of performance and decision-making. An Evaluation Plan, reviewed annually, has been developed and outlines strategies to progress evaluation maturity across the directorate and includes a schedule for conducting evaluations.

5. WHOLE OF GOVERNMENT GOVERNANCE FRAMEWORK The Head of Service has established a whole of Government Governance Framework that incorporates the following boards, committees and councils to assist in ensuring good governance of the service. The following boards, committees and councils have been established:

5.1 Strategic Board The Strategic Board has been established as the peak ACTPS forum for debate and delivery on cross-cutting and strategic issues by Directors-General. It takes a whole of government, single agency and strategic approach to its role.

There are six standing sub-committees that are linked to the Strategic Board’s ongoing operation:

• People and Performance Council

• Digital Services Governance Committee

• Customer Council

• Policy Council

• Strategic Office Accommodation Committee (SOAC)

• Aboriginal and Torres Strait Islander Sub-Committee.



6. JACS GOVERNANCE FRAMEWORK The JACS Governance Framework consists of three tiers as follows:

Tier 1 Strategic Management Committee

Tier 2: Audit Performance and Improvement Committee

Workforce Strategy Implementation Committee

Work Health and Safety Committee

Finance Forum

IMICT Committee

Tier 3: JACS Executive Committee

7. REVIEW This framework will be reviewed on an ongoing basis, with a formal review to occur at a minimum every two years.

8. ENQUIRIES Direct enquiries on the framework to:

Governance, Coordination and Reporting [email protected] or (02) 6205 2499.




TERMS OF REFERENCE 1 STRATEGIC MANAGEMENT COMMITTEE (SMC) 1. PURPOSE SMC is the executive body that sets the strategic direction of the directorate and makes decisions to ensure the strategic risks of the Directorate are identified and actions are put in place to ensure the directorate has capacity to address Government priorities.

In support of this, business unit heads will attend SMC at least twice per year ensure those operational risks are identified and together with the support of SMC that actions are put in place to ensure the business unit has the capacity to respond to individual priorities and risks.

2. OBJECTIVES The main objective of SMC is to manage directorate priorities and risks, including:

• the financial position of the directorate

• Work Health and Safety obligations

• Strategic workforce capabilities

• Strategic ICT risks and priorities

• Asset management and strategic priorities

• Assurance and performance obligations

3. MEMBERSHIP The SMC shall be comprised of:

• Director-General

• Deputy Directors-General

• Chief Operating Officer

Business unit heads will generally be invited to attend SMC at least twice per year in accordance with the SMC work plan at Attachment A.

4. CHAIR The Director-General is the Chair of SMC.

5. MINUTES AND MEETING PAPERS The Governance Branch will provide secretariat support to the Strategic Management Committee.

Agendas and supporting paperwork will be provided to members at least 3 working days prior to each meeting.

Minutes will be circulated to members as a draft within 3 working days of each meeting.

Action items will be followed up fortnightly by the Governance Branch.

Minutes will be monitored and maintained by the Secretariat as a complete record as required under provisions of the Territory Records Act 2002.



6. FREQUENCY OF MEETINGS SMC will meet:

• on a weekly basis to discuss priority and operational issues, and

• on a monthly basis to undertake the high level strategic and organisational management of the directorate annual schedule at Attachment A.

7. PROXIES The only acceptable proxies for SMC meetings will include those acting in a temporary arrangement in any of the member positions.

8. QUORUM There is no quorum required for SMC.

9. CONFLICT OF INTEREST Where a conflict of interest arises during an agenda item (debate, discussion), the chair has the power to invite the relevant member to vacate the room for the duration of the agenda item.

10. REVIEW OF THE TERMS OF REFERENCE The terms of reference for SMC will be reviewed every 2 years.






TERMS OF REFERENCE 2 JACS EXECUTIVE COMMITTEE (JEC) 1. BACKGROUND/CONTEXT JEC is a committee of business unit heads and statutory office holders to share information and consult on issues related to priorities, processes and risks relevant to the whole of directorate or whole of government.

2. FUNCTION JEC is responsible for collaboration and consultation on issues related to priorities, processes and risks relevant to the whole of directorate or whole of government.

JEC is also responsible for reviewing, contributing to and supporting JACS frameworks, policies and procedures prior to sign off by the Director-General.

3. MEMBERSHIP JEC shall be comprised of:

• Director-General

• Deputy Directors-General


• ESA Commissioner

• Solicitor-General

• Parliamentary Counsel

• Principal Registrar of the ACT Courts and Tribunal

• Executive Director, Legislation Policy and Programs

• Executive Director, ACT Corrective Services


• Human Rights Commission Statutory Office Holders

4. CHAIR The Director-General is the Chair of JEC.

5. MINUTES AND MEETING PAPERS The Governance Branch will provide secretariat support to the JEC.







6. MEETING FREQUENCY JEC will meet on a monthly basis.

All members are required to attend each meeting. If a member is unable to attend, they should advise the Director-General who will determine if a proxy will need to attend on a members’ behalf.

7. QUORUM There is no quorum required for JEC.


9. REVIEW OF THE TERMS OF REFERENCE The terms of reference for JEC will be reviewed every 2 years.






TERMS OF REFERENCE 3 FINANCE FORUM (FF) 1. BACKGROUND Under section 31 of the Financial Management Act (FMA), the Director-General of the directorate is accountable to the responsible Minister/s for the efficient and effective financial management of the directorate.

The JACS Finance Forum (the Forum) was established for the purposes of dealing with financial matters specifically to ensure the directorate is operating within its budget and to assist in identifying risks or other financial management obligations that may require further action or advice to JACS Executive. The forum will also accommodate knowledge sharing, provision of training and financial support from Strategic Finance to JACS Business Units and collaboration with the aim of continuous improvement.

The forum, as a Tier 2 Committee, supports the Strategic Management Committee (Tier 1 Committee) in effectively managing financial matters of the directorate.

2. OBJECTIVE The main objectives of the forum are:

• Review of monthly financial reports, including capital reporting, with the aim to assist Business Units manage their budget and help identify any risks that require further action and provide advice to Strategic Management Committee (SMC) and JACS Executive Committee (JEC) with recommendations;

• Review of the draft Directorate Financial Statement reporting with recommendation for endorsement to the SMC Audit Performance and Improvement Committee and the Director-General;

• Implement various actions that arise from the forum, SMC, JEC, internal and external audits and any other recommendations in line with efficient and effective financial management of the directorate;

• Consider financial management issues from a whole of Directorate ‘systems’ perspective, with a focus on information sharing and identifying transferable business improvement opportunities;

• Provision of training and direction from Strategic Finance to Business Units in relation to budget and reporting responsibilities;

• Provision of information sessions regarding upcoming financial management processes, updates to financial policies, procedures and frameworks;

• Review of updates to Director-General Financial Instructions (DGFIs) with recommendations for endorsement by the Director-General;

• Understand organisational priorities and timeframes around:

o External and internal budget processes;

o Strategic and accountability measures reporting;

o Financial statements;

o Capital reporting;

o Debt management.



3. MEMBERSHIP The forum comprises the following members:

• Chief Finance Officer (CFO) or Deputy Chief Finance Officer (DCFO), Strategic Finance.

• One Executive / senior financial representative from each Business Unit.

• Finance Managers, Strategic Finance.

Other Directorate representatives or other agencies (e.g. Shared Services, Treasury) may be invited to present on particular matters.

Members are required to:

• attend all meetings or arrange a representative;

• ensure that meeting outcomes are communicated back to Business Units and relevant actions implemented in their respective Business Units;

• coordinate Business Unit input to meet financial timeframes;

• discuss and provide input into effective financial management of the directorate;

• review updates to DGFIs with the recommendation for endorsement by the Director-General;

• implement, in their respective business units, relevant recommendations that arise from SMC, JEC, internal and external audits and any other reviews;

• identify any risks at a directorate level and provide recommendations, as a collaborative group, to SMC and JEC;

• contribute to agenda items;

• present ideas and resolve issues as a group.

4. CHAIR The Chief Finance Officer is the Chair of Finance Forum.

5. MINUTES AND MEETING PAPERS Strategic Finance will provide secretariat support to the Finance Forum.

Agendas and supporting documentation will be distributed at least 3 working days prior to each meeting. Minutes will be circulated to members as a draft within 5 working days of each meeting. Action items will be followed up fortnightly by Strategic Finance.

6. FREQUENCY OF MEETINGS Meetings will be held on a monthly basis. In addition, the forum may meet as required to address matters of significance or to meet financial reporting obligations.

7. PROXIES Proxies are acceptable and must be of a level suitable to represent the business unit.



8. QUORUM The forum will take place only if the CFO, DCFO or senior Strategic Finance representative, senior representatives from two of the three major Business Units as listed below, and at least one senior representative from another business unit are present:

• CFO, DCFO or senior Strategic Finance representative;

• ACT Courts and Tribunal;

• ACT Emergency Services Agency;

• ACT Corrective Services; and

• One other business unit.


10. REVIEW OF THE TERMS OF REFERENCE A review of the effectiveness of the forum, its terms of reference, and membership will occur every two years, unless a significant change is required.

The review must take into consideration input from SMC and the forum.


Strategic Finance [email protected]




TERMS OF REFERENCE 4 AUDIT AND PERFORMANCE IMPROVEMENT COMMITTEE (APIC) 1. PURPOSE An independent audit Committee is an important element of good governance. Audit Committees provide independent advice and assurance to the accountable authority of an entity on the appropriateness of the entity’s accountability and control framework, including independently verifying and safeguarding the integrity of an entity’s financial and performance reporting.

2. OBJECTIVES To review and give independent advice to the Director-General and assurance about the appropriateness of the directorates:

• Financial reporting – including reviewing the annual audited financial statements and related management representations, and recommending the signing of those statements;

• Performance reporting – including the framework for developing, measuring and reporting key accountability indicators and the directorates annual statement of performance;

• System of risk oversight and management, including whether:

o The directorate has sound enterprise risk management framework and associated processes for the effective identification and management of the directorates business and financial risks, including those associated with individual projects, program implementation and other activities;

o The process for developing and implementing the directorate’s fraud control arrangements is sound, and the directorate has appropriate processes and systems in place to detect, capture and respond to fraud risks.

• System of internal control, including consideration of:

o The directorate’s overall control environment, as reflected in its governance, risk management, compliance and business continuity management arrangements;

o Internal audit resourcing and coverage in relation to the directorates key risks, and recommending approval of the Internal Audit Program by the Director-General;

o Internal and ACT Auditor-General audit reports, providing advice to the Director-General about significant issues identified, and the implementation of agreed actions in accordance with the directorates agreed approach.

As far as practicable, the Committee should indicate which matters it will consider during any given year in a forward work plan, noting that it may consider other or additional matters in response to changes in the directorate’s operations and environment.



The Committee is directly accountable to the Director-General for the performance of its functions.

3. MEMBERSHIP

The Committee shall be comprised of

• An independent chair

• An independent representative from another ACT Directorate

• Deputy Director-General, Justice

• Deputy Director-General, Community Safety

The Chair should be engaged for 3 years, with a possible 1-2 years extension. The Chair’s membership should not exceed 5 years in total.

The independent directorate member should be engaged for 3 years only.

Members are expected to bring a broad range of knowledge, skills and experience relevant to the operations of the directorate. All members should be conversant with financial management reporting; and

• at least one member of the Committee should have accounting or related financial management experience and/or qualifications, and a comprehensive understanding of accounting and auditing standards; and

• at least one member of the Committee should have ICT related experience and/or qualifications, and a comprehensive understanding of ICT risk management

The Director-General, Chief Finance Officer, the Chief Operating Officer and the Executive responsible for Audit and Fraud may not be members of the Committee but may attend as observers.

• Representatives from the Audit Office and external providers of internal audit services will not be members of the Committee, however may attend relevant Committee meetings (in whole or in part) as observers, as determined by the chair of the Committee.

4. CHAIR The Chair shall convene Committee meetings.

If the designated Chair is not available, then <name and title of person> (referred to as the Acting Chair) will be responsible for convening and conducting that meeting. The Acting Chair is responsible for informing the Chair as to the salient points/decisions raised or agreed to at that meeting

5. AUTHORITY AND INDEPENDENCE The Committee has no executive powers in relation to the operations of the directorate. The Committee may only review the appropriateness of particular aspects of those operations, consistent with its functions, and advise the Director-General accordingly.



Responsibility for the appropriateness of the directorate’s financial reporting, performance reporting, system of risk oversight and management, and system of internal control rests with the Director-General and officials of the directorate.

The Director-General authorises the Committee in performing its functions to:

• Seek any information it requires from:

o Any official of the directorate

o External parties

• Request legal or other professional advice, subject to approval by the appropriate delegate

• Require the attendance of any official of the directorate at meetings, as appropriate

The Director-General directs officials of the directorate to cooperate with the Committee.

6. MINUTES AND MEETING PAPERS The Governance Branch will provide secretariat support to the APIC.





7. FREQUENCY OF MEETINGS The Committee shall meet as per Meeting Schedule (see Attachment B).

The Chair may call other meetings where required to meet operational needs or priorities. Out of session papers and decisions may also be considered.

8. WORKPLAN The Committee shall develop an annual work plan, and structure each meeting to address the elements of the work plan. This plan shall provide ongoing assurance to the Director-General that all key areas have been addressed by the Committee. Refer Attachment B.

9. PROXIES Members of the Committee will nominate a proxy to attend a meeting if the member is unable to attend.

The Chair will be informed of any proxy preferably at least 2 working days prior to the scheduled nominated meeting.

The nominated proxy will have full membership at the attended meeting. The nominated proxy will provide relevant comments/feedback, of the Committee member they are representing, to the attended meeting.



10. QUORUM A quorum will comprise, the Chair, an independent representative and one member.

11. CONFLICT OF INTEREST Members with a conflict of interest will notify the Committee as soon as these issues become apparent. Any member with a conflict of interest will absent themselves from discussions about relevant matters or they are to put in place appropriate strategies with the support of remaining members to manage the conflict.

12. REPORTING The Chair will formally report to the Director-General after each meeting in writing. Any matter deemed of sufficient importance or urgency will be reported to the Director-General immediately.

The chair will report to relevant Ministers on an annual basis via a formal brief through the Director-General.

13. REVIEW OF THE TERMS OF REFERENCE The Chair will initiate a review of the performance of the Committee at least once every two years. The outcomes of this assessment will be reported to the Director-General.

The Committee will review the appropriateness of the terms of reference at least annually, in consultation with the Director-General. The outcomes of this review will be reported to the Director-General.






TERMS OF REFERENCE 5 WORKFORCE STRATEGY IMPLEMENTATION COMMITTEE 1. PURPOSE The Justice and Community Safety Directorate (JACS), Workforce Strategy Implementation Committee (WSIC) has been established to drive and monitor the implementation of the JACS Workforce Strategy 2017-2019.

2. OBJECTIVES Reporting to the SMC the core objectives of the WSIC are to:

• Drive and monitor the implementation of the JACS Workforce Strategy.

• Establish connections and ensure collaboration across JACS and forward thinking towards solutions that can support key JACS strategies.

• Ensure alignment to ACTPS workforce related strategies.

• Ensure alignment and linkages with other related JACS and business unit strategies and plans.

• Identify, assess and monitor risks associated with the implementation of the Strategy.

3. MEMBERSHIP Membership consists of Executives/senior managers of human resources functions in the larger business units is JACS.

Position Business Unit

Chief Human Resources Officer (Chair) JACS People and Workplace Strategy

Director People and Culture Emergency Services Agency

Director Corporate Services ACT Corrective Services

Senior Manager Corporate & Strategic Services ACT Law Courts and Tribunal

General Manager ACT Government Solicitor

(Also representing PCO)

Senior Manager HR Operations JACS People and Workplace Strategy



EX-OFFICIO MEMBERS

• Manager Work Health and Safety

• Manager Organisational Development

• Senior Adviser Social Inclusion

The Committee may expand its membership of ex -officio members and workforce strategy project leads in cases where the Committee deems a position plays a key role in the function of the committee.

4. CHAIR The Chair is the Chief Human Resources Officer.

5. MINUTES AND MEETING PAPERS Secretariat and administrative support will be coordinated by the JACS People and Workplace Strategy team.

• Members shall normally receive at least two week’s notification of any meeting. In certain circumstances where for example specialist expertise may be required or there is a significant issue, non-members may be permitted to attend with prior agreement of the Chairperson.

• The Committee will meet once every two months or more frequently if requested by the Chair. The meeting cycle will coincide with that of the SMC Workforce Committee to enable synergy between the two committees wherever possible.

• Sub-committees may be formed to deal with specific initiatives and issues identified by the WSIC.

• Agenda items must be notified to the secretariat 2 weeks prior to the date of the next meeting unless otherwise agreed.

• Relevant briefing papers and the final agenda will be provided to members one week before the meeting unless otherwise agreed.

• The first agenda item for each meeting shall be the acceptance of the minutes of the previous meeting and action items.

• The person responsible for an action item will report on the action taken. If any further discussion is required, this may warrant a separate agenda item under ‘Other Business’.

• The last agenda item for each meeting shall be ‘Other Business’.

• Standing items may be agreed.

6. PROXIES All members may send an informed proxy with the appropriate authority should they be unable to attend.

7. QUORUM The quorum for meetings will consist of the Chair person and at least two other members, consisting of at least one member from Community Safety and at least one member from Justice. This is exclusive of ex-officio members.



8. RECORDING OF PROCEEDINGS • Minutes shall be taken at each meeting and shall be retained in accordance with the Territory

Records Disposal Schedule.

• Action items assigned at the meeting shall be recorded and followed up by the member responsible at the meeting and should not be delayed waiting for the provision of draft or endorsed minutes.

• Draft minutes of each meeting will be circulated to all attendees within ten working days of each meeting, unless otherwise agreed.

• Any proposed amendments will be provided by members to the secretariat within five working days of receipt of the draft minutes, unless otherwise agreed.

• Once minutes are agreed-in-principle, they will be made available on the JACS Intranet site in draft version.

• Minutes shall be tabled at the next meeting, for endorsement and acceptance, and shall be the first agenda item of that meeting.

• Endorsed minutes of the Committee meetings will be placed on the JACS Intranet site and replace the draft version.


10. REVIEW OF THE TERMS OF REFERENCE These terms of reference will be reviewed aligned with the review of the JACS Workforce Strategy.


All queries regarding these TOR should be directed to [email protected] or by calling 62051746.




TERMS OF REFERENCE 6 INFORMATION MANAGEMENT INFORMATION COMMUNICATION TECHNOLOGY (IMICT) 1. BACKGROUND A Whole of Government (WhoG) ICT Governance Framework drives the digital agenda and ICT reform, including associated procurement and investment frameworks.

The WhoG ICT Governance Framework details the roles and responsibilities. They are:

• The Strategic Board (the Board) has overall responsibility for direction, strategy and policy.

• The Board established the DSGC to drive the ACT Government’s ICT reform agenda, including transforming service delivery, building service capacity, and implementing ICT portfolio governance to strengthen benefit realisation and return-on-investment.

• The DSGC is the most senior ICT committee in the ACT Government and takes a service wide, citizen centric approach in providing advice, support, guidance and governance. This committee has several key IT governance roles under its Terms of Reference. Each directorate’s IMICT Governance Committees feeds into the DSGC.

• The Strategic Board also established the Customer Council to provide WhoG leadership and strategic direction for the partnership between Shared Services and directorates and is the peak forum for debate and decisions on these matters.

• The Customer Council has several collaboration forums reflecting the Shared Services streams. The Shared Services Key Performance Indicators (KPIs), reporting and agreement frameworks are being revised to reflect new strategic and operational KPIs and a well.

2. FUNCTION

IMICT Committee is responsible for the implementation of the JACS ICT Strategy and supporting the directorate to achieve its IMICT priorities through relevant policies, projects and business cases for investment.

The JACS IMICT Governance Committee supports SMC to ensure JACS ICT priorities and strategies are being implemented and provides strategic advice to SMC.

3. OBJECTIVES

The objectives of the IMICT Committee are:

• Ensure the JACS ICT Strategy supports the JACS and Agencies Business Strategies

• Establish collaboration and forward thinking towards solutions that can support the key JACS strategies.

• Drive and monitor the implementation of the JACS ICT Strategy.



• Drive and monitor the implementation of the JACS Data Management Strategy.

• Ensuring the cost effective application and management of ICT systems and resources throughout the Directorate.

• Identifying and monitoring portfolio risks and issues including audit recommendations.

• Providing advice and recommendations to the SMC on significant ICT issues as required.

• Supporting the prioritisation of ICT investment

• Reviewing current and future ICT capabilities (technologies and organisational capabilities) to identify opportunities to increase the efficiency and effectiveness of ICT resources.

4. MEMBERSHIP The IMICT Committee comprises the following members: • Principle Registrar, ACT Courts and Tribunal

• Executive Director Risk and Planning, Emergency Services Agency

• Director Corporate Services, ACT Corrective Services

• Executive Director, Legislation, Policy and Programs

• Commissioner, Human Rights Commission

• Parliamentary Counsel, Parliamentary Council Office

• Senior Director, Security and Emergency Management Branch

• Executive Director, Governance


• Senior Officers (ICT Portfolio Manager – Strategy and Operational, and ICT Portfolio Manager, Projects.)

5. CHAIR

The Executive Director ICT, Capital Works and Infrastructure is the chair.

6. AGENDA ITEMS

All Committee agenda items must be forwarded to the Secretariat seven working days prior to the next scheduled meeting, for the Chair to consider.

The Committee agenda, with attached meeting papers will be distributed at least three working days prior to the next scheduled meeting.



7. MINUTES AND MEETING PAPERS

ICT, Capital Works and Infrastructure Strategic will provide secretariat support.

Agendas and supporting documentation will be distributed at least 3 working days prior to each meeting. Actions will be circulated to members as a draft within 5 working days of each meeting and minutes within 10 working days.

8. FREQUENCY OF MEETINGS

The Committee shall meet at least quarterly.

9. PROXIES

Proxies are acceptable and must be of a level suitable to represent the business unit.

10. QUORUM

The requirements for a quorum that can make and ratify decisions by the Committee should be stated. This allows the Committee to be clear on whether there is official sanction of decisions.

A minimum of five Committee members is required for the meeting to be recognised as an authorised meeting for the recommendations or resolutions to be valid.

The quorum must contain at least:

• at least three business unit heads;

• the Chair, the senior executive of ICTCWI.

11. CONFLICTS OF INTEREST

Where a conflict of interest arises during an agenda item (debate, discussion), the chair has the power to invite the relevant member to vacate the room for the duration of the agenda item.

12. REVIEW OF TERMS AND REFERENCE A review of the effectiveness of the forum, its terms of reference, and membership will occur every two years, unless a significant change is required.

The review must take into consideration input from SMC and the forum.

• ENQUIRIES Direct enquiries on the framework to:

Melissa Tierney, Executive Director, ICTCWI. [email protected]




TERMS OF REFERENCE 7 WORK HEALTH AND SAFETY AND WELLBEING COMMITTEE 1. PURPOSE The Justice and Community Safety Directorate (JACS), Director General’s Work Health and Safety and Wellbeing Committee (DGWHSWC) meeting is the peak Committee for consultation on the JACS work health and safety management system/s.

The DGWHSWC meeting has been established in accordance with the Work Health and Safety Act 2011 and the Public Sector Management Act 1994.

This document outlines the terms of reference for the JACS Directorate’s (Tier 1) DGWHSWC meeting, including the committee’s aims, function, membership, role, operation and administration.

2. OBJECTIVES The WHS Committee supports the Director General and Strategic Management Committee to support their obligations under the Work Health and Safety Act 2011, Work Health and Safety Regulation 2011 and Public Sector Management Act 1994 which requires the Justice and Community Safety Directorate to:

• protect workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work or from specified types of substances or plant so far as reasonably practicable

• provide for fair and effective workplace representation, consultation, cooperation, and issue resolution in relation to work health and safety

• promote the provision of advice, information, education and training in relation to work health and safety

• encourage unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices and assisting persons conducting businesses or undertaking and workers to achieve a healthier and safer work environment

• provide a framework for continuous improvement and progressively higher standards of work health and safety

3. RESPONSIBILITIES The JACS Work Health, Safety and Welling Committee will concern itself with:

• work health and safety strategic direction in JACSD

• workplace health and safety performance so as to assist the Director General in updating and monitoring workplace health and safety, policies and programs

• the review of risk management activities occurring within the Directorate

• the integration of WH&S matters inclusive of issue resolution protocols into day to day management activities and decision making

• training and education for particular groups in order to address identified WH&S issues; and



• work health, safety, practices, procedures and policies to employees within the workplace.

4. MEMBERSHIP In accordance with the Work Health Safety Act 2011 the membership of the committee will comprise more employee representatives than management representatives

The membership shall comprise:

4.1 CHAIR The Director-General or a nominated representative is the Chair of the Committee.

4.2 WORKPLACE ADVISORY COMMITTEE NOMINATED PERSON One management and one health and safety representative from business units listed below:


• ACT Emergency Services Agency

• ACT Government Solicitors Office

• ACT Courts and Tribunal


• Corporate Services

• Legislation Policy and programs



4.3 ONE REPRESENTATIVE FROM PRINCIPAL UNIONS LISTED BELOW • United Firefighters Union

• Transport Workers Union

• Community and Public Sector Union

Other unions with members who are covered by a JACS Enterprise Agreement will be invited to participate in DGWHSWC meetings and will receive agendas and minutes upon request.

4.4 EX-OFFICIO MEMBERS • Chief Human Resources Officer, People and Workplace Strategy or nominee

• Manager, JACS Workplace Health and Safety or nominee

• JACS Senior Safety Advisor

The Committee may expand its membership of ex-officio members in cases where the Committee deems a position plays a key role in the management of the Justice and Community Safety Directorates Work Health and Safety management system.



5 OPERATIONS

5.1 MINUTES AND MEETING PAPERS Secretariat and administrative support will be coordinated by the JACS Work Health and Safety Team. JACS Work Health and Safety Team will provide reports to enable the committee to establish an overview of issues.

5.2 AGENDA ITEMS 5.2.1 Agenda items and status reports on action items must be notified to the secretariat

at least 2 weeks prior to the date of the next meeting unless otherwise agreed.

5.2.2 Relevant briefing papers and the final agenda must be provided to members at least one week before the meeting unless otherwise agreed.

5.2.3 The first agenda item for each meeting shall be the acceptance of the minutes of the previous meeting and action items.

5.2.4 The person responsible for an action item will report on the action taken. If any further discussion is required, this may warrant a separate agenda item under ‘Other Business’.

5.2.5 The last agenda item for each meeting shall be ‘Other Business’.

5.2.6 Standing items will include a report from the Work Health and Safety Team on current issues, including the development and implementation of policies and procedures relating to workplace health and safety. The written report will be circulated to all Committee members at least one week prior to the meeting unless otherwise agreed.

5.3 MINUTES 5.3.1 Minutes shall be taken at each meeting and shall be retained for a period of not less than

five years, in line with the Territory Records Disposal Schedule.

5.3.2 To ensure an accurate record of the meeting’s proceedings, the outcome, action required and status of each agenda item will be summarised by the Chairperson at the conclusion of the Committee’s discussion of that item for the secretariat to record in the minutes.

5.3.3 Action items assigned at the meeting shall be recorded and followed up by the member responsible at the meeting and should not be delayed waiting for the provision of draft or endorsed minutes.

5.3.4 Draft minutes of each meeting will be circulated to all attendees within ten working days of each meeting, unless otherwise agreed.

5.3.5 Any proposed amendments will be provided by members to the secretariat within five working days of receipt of the draft minutes, unless otherwise agreed.

5.3.6 Minutes should be finalised within five working days of the date of the meeting.

5.3.7 Once minutes are agreed-in-principle, they will be made available on the JACS Intranet site in draft version.

5.3.8 Minutes shall be tabled at the next meeting, for endorsement and acceptance, and shall be the first agenda item of that meeting.

5.3.9 Where members cannot agree on what transpired, the records of the meeting will indicate such disagreement.

5.3.10 Endorsed minutes of the Committee meetings will be placed on the JACS WHS Intranet



site and replace the draft version.

6. FREQUENCY OF MEETINGS In accordance with legislative requirements, the Committee will meet at least once every three months or more frequently if requested by the Chair, or at least half the members of the Committee.

7. PROXIES All members may send an informed proxy with the appropriate authority should they be unable to attend. For example, a management representative must be a manager from within the group they are representing.

Substitute members shall not attend Committee meetings if the representative is available except in special circumstances (i.e. for continuity purposes) where the Chairperson may approve the attendance of both the representative and substitute in advance.

8. QUORUM The quorum for meetings will consist of the Chair person and at least one management and one employee representative. This is exclusive of ex-officio members.


10. REVIEW OF THE TERMS OF REFERENCE The terms of reference for WHSWC will be reviewed every 2 years.


All queries regarding these TOR should be directed to [email protected] or by calling 62051746.




JUSTICE AND COMMUNITY SAFETY DIRECTORATE

Date post:	09-Feb-2022
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