Performance at a glance
- Introduced legislation for a First Nations Voice to the South Australian
Parliament. - Coordinated, monitored and reported against South Australia’s Implementation
Plan for Closing the Gap. - Established an advisory commission to develop options to reduce the rate of
Aboriginal people in custody. - Provided support to the Women’s Domestic Violence Court Assistance Service
to ensure that specialised legal assistance is available to women in South
Australia affected by domestic and family violence. - The ODPP continued to manage a range of complex criminal matters, including
the commencement of the first trials under Operation Ironside. - In conjunction with SA Police, announced a new SA Forensic Centre.
- Progressed a number of election commitments relating to SafeWork SA,
including consultation on draft legislation to create an offence of industrial
manslaughter. - Equal Opportunity SA created and delivered the public-facing WE’RE EQUAL
initiative whereby businesses make a commitment to provide a safe
environment free from discrimination, bullying and harassment for their staff,
customers and suppliers. - Implemented the continuation of the fuel price transparency scheme following a
successful trial
Agency specific objectives and performance
Safe and thriving communities
Indicators | Performance |
|---|---|
Develop pilot tools (My Life My Wishes) to support people under Guardianship to express and record their wishes to inform future decisions and decision-making processes (will and preference). | The My Life My Wishes document was developed and piloted with 50 people under the guardianship of the Public Advocate (47% identified as being Aboriginal). |
Develop and pilot a culturally safe tool to | Consultation with Aboriginal people, their communities and peak bodies has commenced in relation to the development/ refinement of a tool based on the My Life My Wishes document that is culturally safe. |
Embed victim responsive practices through education and increased awareness regarding the views of victims and community safety. | Funding provided to the Legal Services Commission to develop and implement a public campaign on coercive control and to work with Aboriginal Community Controlled Organisations and multicultural organisations to co-design and deliver culturally appropriate, targeted legal education and engagement on coercive control for key cohorts, including Aboriginal and culturally and linguistically diverse communities. |
Justice for Victims: Supporting victims of crime. | In July 2022, a new agreement was signed with the Victim Support Service providing an additional $1 million over four years to support victims through the Court Companions and Safer Spaces Programs. |
Early intervention support to young parents aged between 12 and 25 years, who are experiencing or perpetuating domestic and family violence through the Supporting Parents’ and Children’s Emotions (SPACE) program. | In 2022-23, SPACE provided support to 49 clients. Of these, 86% were victims and 13% were both victim and perpetrator. The majority of clients were female with 23% aged between 16-18 years and 77% aged 19-25 years. |
| Provide support to the Women’s Domestic Violence Court Assistance Service (WDVCAS) to ensure that specialised legal assistance is available to women in South Australia affected by domestic and family violence. | In August 2022, AGD provided additional funding of $200,000 per annum to the WDVCAS to progress the Election Commitment to ‘restore funding cut from the Domestic Violence Court Assistance Service’. New measures to be delivered under the additional funding include the provision of face-to-face services for vulnerable women living in the Upper Spencer Gulf and Limestone Coast. The additional funding also supports the creation of partnerships with Aboriginal Community Controlled Organisations to support Aboriginal and Torres Strait Islander women to engage with WDVCAS in a culturally safe and appropriate manner. |
Establish an advisory commission to develop options to reduce the rate of Aboriginal people in custody. | In September 2022, eight members were appointed to the Advisory Commission into the Incarceration Rates of Aboriginal People in South Australia. Members delivered their report to the Attorney-General in February 2023. The Advisory Commission’s report makes 41 recommendations that aim to improve justice outcomes for Aboriginal people. |
Coordinate, monitor and report on South Australia’s implementation of the National Agreement on Closing the Gap (CTG). | The Government signed a Partnership Agreement with the South Australian Aboriginal Community Controlled Organisation Network (SAACCON) in November 2022 to deliver the National Agreement on CTG in South Australia. The Government has committed three years of funding to support SAACCON’s operations. The Partnership Agreement also established a Partnership Committee as the central governance mechanism for CTG in South Australia. The Partnership Committee acknowledges SAACCON’s expertise and authority as an equal partner in the delivery of CTG in South Australia. Other key CTG activity in 2022-23 included:
|
Administer the Aboriginal Community Controlled Organisation Grant Fund. | The Closing the Gap Partnership Committee agreed guidelines, assessment processes and priorities for new funding will provide $2.8 million to Aboriginal Community Controlled Organisations to progress Closing the Gap initiatives. AAR administered the first of three application rounds for this Grant Fund in April and May 2023. |
Provide high quality legislative drafting and publishing services to Parliament and Government. | Parliamentary Counsel supported the 55th Parliament through drafting the First Nations Voice Act 2023 and the New Women’s and Children’s Hospital Act 2022. |
Introduce legislation for a First Nations Voice to the South Australian Parliament. | The Commissioner for First Nations Voice, Mr Dale Agius, was appointed in July 2022 to lead the establishment of a Voice to the State Parliament. The Commissioner undertook consultation between August and October 2022 to seek initial views of First Nations people. The Commissioner's First Engagement Report was released in November 2022. Based on the Commissioner's findings, in November 2022 the Government released a draft Bill to establish the Voice. The proposed model would provide elected First Nations people the ability to speak directly to Parliament, and engage with all levels of government. The Commissioner undertook a second round of consultation between November 2022 and January 2023 on the model. The Commissioner's Second Engagement Note was released in February 2023. Following this, a number of changes were made to the draft Bill. The Bill was then passed by the Parliament on 26 March 2023, and assented to on the same day on the steps of Parliament House. The election process will be administered by the Electoral Commission of South Australia. Candidates can nominate from 22 January 2024 for the inaugural election on 16 March 2024. |
Consult with South Australians on the design and delivery of new Aboriginal monuments. | The then Commissioner for Aboriginal Engagement, Dr Roger Thomas, undertook consultation between August and October 2022 on a proposal to celebrate six Aboriginal leaders and heroes through new monuments (the Tarrkarri-ana Policy). A report prepared by the Commissioner is currently under consideration. |
Review the practices and processes of SafeWork SA (SWSA). | The Government released its preliminary response to the SafeWork SA Review and recommendations confirming it had:
The SafeWork Advisory Committee has been formed to provide a forum for stakeholder consultation on work health and safety matters and the strategic direction of SWSA. The Committee will also provide advice to SWSA and the Minister for Industrial Relations and Public Sector. |
Progress a range of election commitments relating to SafeWork SA. | During 2022-23, SafeWork SA progressed a number of the Governments election commitments including:
|
Introduction of Bills into Parliament. | A number of Bills were introduced into Parliament in 2022-23, including:
|
| Introduced legislative protection for retail workers, by increasing the penalties for offenders who abuse frontline retail workers | In August 2022 the Criminal Law Consolidation (General) (Prescribed Occupations and Employment) Amendment Regulations 2022 came into operation. These Regulations capture retail workers in the category of employees who are prescribed for the purposes of determining whether an offence will be aggravated. |
| Introduced new laws to allow known arsonists to be required to wear an e-tag during times of high bushfire danger. | The Criminal Procedure (Monitoring Orders) Amendment Act 2022 came into operation in December 2022, enabling police to apply to the Magistrates Court for an order requiring a person found guilty of a bushfire offence to be monitored during the State’s bushfire season each year, by use of an electronic monitoring device. |
| Advancing justice for victims by creating an offence for concealing the whereabouts of a body after a crime. | In December 2022, the Criminal Law Consolidation (Human Remains) Amendment Act 2022 came into operation. It created offences for defiling or destroying human remains, so that offenders will potentially face an extra 15 years in prison. |
| Reforms to legislation regarding sexual offending. | In October 2022, the Statutes Amendment (Child Sex Offences) Act 2022 came into operation, increasing the penalties for many child sex offences and tightened the rules for reporting by registrable offenders. In June 2023, the Criminal Law Consolidation (Child Sexual Abuse) Amendment Act 2023 came into operation. That Act amended the Criminal Law Consolidation Act 1935, following the advocacy of Grace Tame that use of the word ‘relationship’ in the former heading for the offence of child abuse was inaccurate and inappropriate. |
| Work towards consistency in the state system for domestic and family violence leave while expanding the objectives of the Fair Work Act to include gender equity. | The Fair Work (Family and Domestic Violence Leave) Amendment Bill 2023 passed both Houses of Parliament in March 2023. The Fair Work (Family and Domestic Violence Leave) Amendment Act 2023 commences on 1 September 2023. |
| Introduce amendments to the Aboriginal Heritage Act 1998 (SA) to increase protection of Aboriginal heritage. | AAR undertook consultation between March and April 2023 on proposed changes to the Aboriginal Heritage Act 1998 (SA) to increase penalties for breaches and to clarify the reporting requirements where Aboriginal sites, objects and remains are discovered. An Amendment Bill was introduced to Parliament on 18 May 2023. |
| Achieving sensible reform of retail trading laws through the introduction of the Shop Trading Hours (Extension of Hours) Amendment Bill 2022. | The Shop Trading Hours (Extension of Hours) Amendment Bill 2022 passed both houses of Parliament and commenced in November 2022. |
| Begin to address the outcomes of the review into the SkyCity Adelaide Casino by the Hon Brian Martin AO KC. | Following the preliminary outcomes of the review into SkyCity Adelaide Casino, CBS directed the operators of the Casino to appoint an independent monitor to oversee measures to ensure the Casino is complying with its counter-terrorism financing and harm minimisation responsibilities. |
| Investigate ways to address anti-social behaviour in the CBD. | CBS reviewed the Late Night Code of Conduct for premises with a liquor licence and worked with other Government agencies to help support measures aimed at addressing anti-social behaviour in the CBD. |
Fairly administered laws
Indicators | Performance |
|---|---|
High quality legal advice is provided to Ministers and Government agencies. | The CSO provided legal advice and support in relation to the emergency response to the River Murray flood event, including drafting emergency directions. The CSO also provided advice in relation to the North-South Corridor project and legislative reform relevant to the new Women’s and Children’s Hospital. |
Launch the WE’RE EQUAL initiative and graphic device to educate the community about diversity and inclusion, and through business partnerships, encourage community led demand for discrimination-free environments and quality equal opportunity customer service. | Equal Opportunity SA launched WE’RE EQUAL following a successful pilot in August/September 2022. The pilot promoted the initiative through mainstream and social media. Nearly 700 people and 40 businesses registered in support of the initiative, and there was a 51% increase in activity across Equal Opportunity SA’s website, particularly for information about laws, types of discrimination, complaint pathways, education, training and resources. |
| Making domestic abuse a protected attribute such that a person may not be discriminated on the grounds of being, or having been subjected to domestic abuse. | Introduced the Equal Opportunity (Domestic Abuse) Bill 2023, following collaboration with women’s organisations, the Commissioner for Equal Opportunity and the South Australia Police. The Equal Opportunity (Domestic Abuse) Act 2023 will commence operation in September 2023. |
| Created an entitlement to family and domestic violence leave, with safeguards to protect affected employees’ confidentiality. | The Fair Work (Family and Domestic Violence Leave) Amendment Act 2023 will commence in September 2023. It will give employees covered by the Fair Work Act 1994 an entitlement to 15 days of family and domestic violence leave from the beginning of each year of their employment. |
| Ban rent-bidding and progress other reforms to help South Australians find a home to rent. | CBS helped develop changes to residential tenancies laws, including banning the practice of rent-bidding, and consulted on further reforms to make it easier to find a home to rent. |
An efficient and effective justice system
Indicators | Performance |
|---|---|
Complex criminal matters are prosecuted by the ODPP. | The ODPP continued to prosecute a number of complex criminal matters. This included the commencement of the first prosecution in Australia resulting from Operation Ironside as well as a significant prosecution involving a number of co-accused relating to the murder of Jason De leso. |
Enshrining the Nunga Court in legislation. | The Nunga Court was established 24 years ago, first sitting in the Port Adelaide Magistrates Court under former Magistrate Chris Vass, with a view to including members of Aboriginal and Torres Strait Islander communities in the sentencing process. The Magistrates Court (Nunga Court) Amendment Act 2022 came into operation in March 2023, which formally recognises the Nunga Court in the justice system and empowers Elders and Respected Persons to discuss the offending, sentencing and the criminal justice system. |
Reviewed the practice and jurisdiction of the South Australian Employment Tribunal (SAET). | AGD completed a stakeholder consultation process on SAET during 2022-23. The review led to a number of recommendations and the Minister has undertaken consultation with SAET on proposed reforms. |
Establishing the standalone Office of the Inspector. | The Inspector was appointed under the Independent Commission Against Corruption Act 2012, effective from 5 December 2022. The Inspector is an independent statutory officer with oversight functions for the Independent Commission Against Corruption, the Office for Public Integrity and the Ombudsman. The Department assisted in establishing the Inspector’s office to ensure that it was operational within one week. |
Our people meet customer needs
Indicators | Performance |
|---|---|
AGD Diversity & Inclusion (D&I) Plan. | Work continued to raise awareness of D&I topics. This included the development of the “Optimising Recruitment Panels” training program to draw attention to D&I topics and unconscious bias in the workplace, cultural support for Aboriginal employees and support for employees with a disability. AGD has also consistently achieved more than 50% representation of women in executive roles. AGD also runs annual training with Job Access to highlight and support Business Units to recruit and retain people with disabilities. A new D&I plan was developed in consultation with AGD staff and the 2023-2025 plan builds on the previous plan. |
Provide advice and guidance to staff to encourage the greater use of Kaurna language in our work. | Acknowledgement of Country is undertaken at the beginning of meetings and forums. Kaurna language is also used by some staff in communications such as signature blocks and email sign-offs. The Kaurna Warra website is promoted to staff which provides information around naming protocols, preparing content to be translated into Kaurna, and educational videos. |
Improving online search capability across the State Archive. | State Records implemented a replacement online catalogue system in March 2023. The new system provides an improved user experience and search function for the State’s physical archive collection. Users have reported finding the new system easier to navigate and locate items in the archive. |
Effectively manage industrial relations across the public sector. | In 2022-23, IRAP managed and provided a range of advice about employment and industrial related matters relating to the public sector. This included the conduct of litigation and resolution of industrial disputes as well as negotiating and providing advice on a number of public service enterprise agreements. |
Supporting the Department for Education to establish the Royal Commission into Early Childhood Education and Care. | AGD established and provided corporate support to the Royal Commission, as well as providing assistance and advice in settling the Commission’s Terms of Reference and the mechanisms for the appointment of the Commissioner, the Hon. Julia Gillard AC. |
Progressive technology and supportive infrastructure
| Digitisation of historical files in Births, Deaths and Marriages (History Now Project). | CBS has now digitised 825,000 non-electronic birth, death and marriage records over two financial years. |
| Improved digital systems for CBS (OneCBS Project). | Continued the upgrade and replacement of CBS systems. This will enable CBS to provide improved customer service to the community through simplifying, standardising and centralising key systems onto a singular technology platform. |
| Announcing a new SA Forensic Centre. | In conjunction with SA Police, a new SA Forensic Centre was announced in June 2023 which will provide for a purpose built facility equipped to ensure the continued delivery of expert scientific services to the justice system. |
| Justice Technology Services (JTS) manages the Justice Information System which supports critical business capabilities across the criminal justice sector. | In 2022-23, JTS undertook a review of the future state of the justice sector and its information sharing capabilities. This work will help inform the best way forward in regards to improving operational effectiveness across the sector. |
| Protect against cyber security and other threats. | A number of cyber security initiatives have been progressed during 2022-23, these included:
|
Shape the future workforce
| To establish a scheme to provide mentoring opportunities to First Nations staff. | AGD offers all Aboriginal employees the opportunity to participate in the Public Sector Employee Mentoring Program through OCPSE/Tauondi Aboriginal College. |
| Reconciliation Action Plan (RAP). | AGD continued to implement actions under its Innovate RAP to promote reconciliation and increase cultural awareness.
AGD also submitted a new Stretch RAP to Reconciliation Australia for assessment which, if approved will be launched in 2023-24. |
| Disability Access and Inclusion Plan (DAIP). | AGD continued to implement actions under its DAIP to support people living with disability, these included:
|
| Gender Equity and Respect Action Plan and White Ribbon. | AGD continued to support measures in line with its commitment to gender equality and eliminating violence against women, including undertaking fundraising on White Ribbon Day, attending the White Ribbon breakfast and engaging training providers to deliver Respectful Workplace Training for Managers. |
Corporate performance summary
- Following the 2022 State Election, a number of Machinery of Government changes were announced which took effect from 1 July 2022. These Business Units transitioned to AGD during 2022-23.
- Continued the reduction in the number of new workplace injury claims.
- Continued the implementation of the Your Voice Action Plan, with a strong emphasis on employee wellbeing and leadership effectiveness.
- Developed specific initiatives to support career development for Aboriginal employees through the Aboriginal Employment Framework and also promoting AGD as a future employer through the Aboriginal Work Experience Program for Year 10 students.
- Progressed a number of cyber security initiatives, including improved secure connectivity for mobility devices.
Employment opportunity programs
AGD employs an Aboriginal Engagement Consultant and Learning & Diversity Officer to help support the implementation of the newly approved Aboriginal Employment Framework.
The Aboriginal Engagement Consultant and Learning & Diversity Officer organised a series of Cultural Awareness Sessions and a number of events around National Reconciliation Week and NAIDOC to further raise awareness of our Aboriginal strategy.
AGD supported the career development of Aboriginal employees by promoting AGD as a future employer through the Aboriginal Work Experience Program for Year 10 students.
The Aboriginal Engagement Officer has also mentored a number of Aboriginal Employees. As at 30 June 2023, AGD has a 2.8% representation of Aboriginal employees, with a target of 3%.
AGD currently has 6 Aboriginal trainees across a range of Business Units including the ODPP, PT and CBS.
AGD currently has 2 summer clerkships for law students as part of the Aboriginal Employment Framework.
Agency performance management and development systems
AGD has a twice yearly performance management process. 72% of AGD employees had at least one performance review in the last 12 months. A survey showed that staff were generally satisfied with the quality of conversations
Work health, safety and return to work programs
AGD continued to work to its Wellbeing and Safety Strategic Plan 2022-24 goals:
- leaders demonstrate commitment to safety by their actions
- organisational practices support wellbeing and engagement
- risk management is systematic and proportionate
- regular verification and evaluation of safety performance is undertaken.
The AGD Health and Safety Committee met quarterly, with input from the Health and Safety Representative forum, ensuring consultation on wellbeing and safety matters.
AGD’s approach to early intervention, return to work and injury management continued to produce positive outcomes.
In 2022-23, AGD recorded 6 claims continuing the trend of a reduction in the number of claims from the previous year (9 claims).
Psychological claims have accounted for the highest proportion of new claims costs in 2022-23.
The prevention of psychological claims through early intervention, education and training, resources, and support services remained a priority for AGD, with particular focus on the risks of emotionally challenging work and sustainable workloads.
AGD’s partnership with an employee assistance provider, Human Psychology, continued to provide employees with an external support service.
Workplace injury claims | 2022-23 | 2021-22 | % Change |
|---|---|---|---|
Total new workplace injury claims | 6 | 9 | -33% |
Fatalities | 0 | 1 | -100% |
Seriously injured workers* | 0 | 0 | 0 |
Significant injuries (where lost time exceeds a working week, expressed per 1,000 FTE) | 0 | 2.2 | -100% |
* Number of claimants assessed during the reporting period as having a whole person impairment of 30% or more under the Return to Work Act 2014 (Part 2 Division 5)
Work health and safety regulations | 2022-23 | 2021-22 | % Change |
|---|---|---|---|
Number of notifiable incidents (Work Health and Safety Act 2012, Part 3) | 4 | 1 | +400% |
Number of provisional improvement, improvement and prohibition notices (Work Health and Safety Act 2012 Sections 90, 191 and 195) | 0 | 0 | 0 |
Return to work costs** | 2022-23 | 2021-22 | % Change |
|---|---|---|---|
Total gross workers compensation expenditure ($) | $198,424.66 | $676,745.81 | -71% |
Income support payments – gross ($) | $135,911.97 | $132,327.09 | +3% |
** Before third party recovery
Data for previous years is available on the Data SA website.
Executive employment in the agency
Executive classification | Number of executives |
|---|---|
Chief Executive | 1 |
SAES1 | 19 |
SAES2 | 61 |
Statutory Appointments | 12 |
Data for previous years is available at: https://data.sa.gov.au/data/organization/attorney-general-s-dept
The Office of the Commissioner for Public Sector Employment has a workforce information page that provides further information on the breakdown of executive gender, salary and tenure by agency.