Other disclosures

Other disclosures

This section includes disclosures required by the following acts:

• Financial Management Act 1994
• Architects Act 1991
• Public Interest Disclosure Act 2012
• Disability Act 2006
• Freedom of Information Act 1982

It also includes voluntary disclosure of additional regulatory compliance information.

Local Jobs First Act 2003

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

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

There were no procurements initiated by the ARBV in 2022-2023 falling within the provisions of the Local Jobs First Policy.

Social procurement

The ARBV is a very small agency and whilst it remains conscious of its obligations under the State Government’s Social Procurement Framework, it is difficult for the entity to generate meaningful social value given:

1. the limited annual expenditure budget for goods and services, and
2. the nature of goods and services acquired over the course of the year.

Management continues to explore opportunities for social procurement, however, there was no expenditure of this nature in 2022-2023.

Government advertising expenditure

There were no advertising campaigns in 2022-23 with a media spend of $100,000 or greater.

Consultancy expenditure

Details of consultancies $10,000 or greater

In 2022-23, there were 2 consultancy engagements for which services were provided during the reporting period that were individually valued at $10,000 or greater (excluding GST). The total expenditure incurred during 2022-23 in relation to these consultancies was $27,000 (excl. GST).

Details of consultancies under $10,000

In 2022-23 there was one consultancy during the year, where the total fees payable to the individual consultancy was less than $10,000. The total expenditure incurred during 2022-23 in relation to these consultancies was $5,080 (excl. GST).

Declarations of private interests

All ARBV Board members have completed a declaration of private interests.

Disclosure of major contracts

The ARBV did not enter into any major contracts valued at $10 million or above during 2022-23.

ICT expenditure

Freedom of Information Act 1982

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

An applicant has a right to apply for access to documents held by the ARBV. This comprises documents both created by the ARBV or supplied to the ARBV by an external organisation or individual. Information about the type of material produced by the ARBV is available on the ARBV’s website under its Part II Information Statement.

The Act allows the ARBV to refuse access, either fully or partially, to certain documents or information.

Examples of documents that may not be accessed include but not limited to cabinet documents; some internal working documents; law enforcement documents; documents covered by legal professional privilege, such as legal advice; personal information about other people; and information provided to the ARBV in-confidence.

From 1 September 2017, the Act has been amended to reduce the Freedom of Information (FOI) processing time for requests received from 45 to 30 days. However, when external consultation is required under subsections 29, 29A, 31, 31A. 33, 34 or 35, the processing time automatically reverts to 45 days. Processing time may also be extended by periods of 30 days, in consultation with the applicant. With the applicant’s agreement this may occur any number of times. However, obtaining an applicant’s agreement for an extension cannot occur after the expiry of the time frame for deciding a request.

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

Making a request

FOI requests can be lodged writing to the ARBV via email or post. An application fee of $30.60 applies. Access charges may also be payable if the document pool is large, and the search for material, time consuming.

Access to documents can also be obtained through a written request to the ARBV as detailed in section 17 of the Act.

When making an FOI request, applicants should ensure requests are in writing, and clearly identify what types of material/documents are being sought.

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

Registrar, ARBV

Level 10, 533 Little Lonsdale Street

Melbourne 3000

Email: registrar@arbv.vic.gov.au

FOI statistics/timeliness

During 2022-23, the ARBV received one FOI application, which was still being finalised after 1 July 2023.

Further information

Further information regarding the operation and scope of FOI can be obtained from the Act; regulations made under the Act; and ovic.vic.gov.au. The ARBV’s Part II statement can be found on our website.

Building Act 1993

The ARBV does not own or control any government buildings and consequently is exempt from notifying its compliance with the building and maintenance provisions of the Building Act 1993.

Competitive Neutrality Policy

Competitive neutrality requires government businesses to ensure where services compete, or potentially compete with the private sector, any advantage arising solely from their government ownership be removed if it is not in the public interest. Government businesses are required to cost and price these services as if they were privately owned. Competitive neutrality policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation. This policy does not override other policy objectives of government and focuses on efficiency in the provision of service.

The ARBV continues to comply with the requirements on competitive neutrality reporting as required under the Competition Principles Agreement and Competition and Infrastructure Reform Agreement.

Public Interest Disclosures Act 2012

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

The ARBV does not tolerate improper conduct by employees, nor the taking of reprisals against those who come forward to disclose such conduct.

It is committed to ensuring transparency and accountability in its administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.

The ARBV will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. It will also afford natural justice to the person who is the subject of the disclosure to the extent it is legally possible.

Reporting procedures

You can make a public interest disclosure about the ARBV or its board members, officers or employees by contacting IBAC (details below).

The ARBV is not able to receive public interest disclosures.

The ARBV has established procedures for the protection of persons from detrimental action in reprisal for making a public interest disclosure about the ARBV, its board members, officers or employees. You can access the ARBV’s procedures on its website at: www.arbv.vic.gov.au

Alternatively, disclosures may also be made directly to the Independent Broad-based Anti- Corruption Commission.

Level 1, North Tower, 459 Collins Street Melbourne, VIC 3000

Mail: IBAC, GPO Box 24234, Melbourne Victoria 3001

Phone: 1300 735 135

Internet: www.ibac.vic.gov.au

Email: See the website above for the secure email disclosure process, which also provides for anonymous disclosures.

Disability Act 2006

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

Absolutely everyone is the Victorian Government’s framework for enabling people with disability to participate and contribute to the social, economic and civic life of their community. Over time the government will consider ways to align disability action plans to the state plan.

The ARBV has a Disability Action Plan in place approved by the Board. Consistent with the plan the ARBV’s Human Resources policies e.g. Workplace Health and Safety and Equal Opportunity recognise and seek to address the rights and needs of people with disabilities.

This is exampled by an organisational disability employment strategy where the ARBV will make reasonable adjustments for a person with a disability to ensure an inclusive and disability equitable workplace. Those adjustments include where:

• a person with a disability who applies for a job, is offered employment, or is an employee, and requires the adjustments in order to participate in the recruitment process or perform the genuine and reasonable requirements of the job
• it is necessary to ensure employees with a disability can work safely and productively
• flexibility in the working arrangements is required for example where employee is the carer of a child under 18 with a disability.

Compliance with establishing Act

The ARBV is established under the Architects Act 1991. Pursuant to section 46 of the Architects Act 1991, the ARBV is required to exercise its powers and perform its duties under the Act.

The ARBV is accountable to the Minister for Planning, who is accountable to Parliament and the community for the performance of the ARBV. The responsible Minister for the period from 1 July 2022 to 4 December 2022 was the Hon Lizzie Blandthorn MP, Minister for Planning. The responsible Minister for the period from 5 December 2022 to 30 June 2023 was the Hon Sonya Kilkenny MP, Minister for Planning. The Minister for Planning also establishes key governance and performance priorities for the ARBV by issuing a Statement of Expectations. In overseeing the performance of the ARBV, the Minister for Planning is supported by the Department of Transport and Planning.

Additionally, the ARBV is required to advise the Minister on the carrying out of its functions under the Act and on any other matter referred to it by the Minister and is subject to any specific written directions given by the Minister.

The ARBV is required under the Public Administration Act 2004 to:

• Inform the Responsible Minister and the portfolio Secretary (Department of Transport and Planning) of known major risks (significant or emerging) to the effective operation of the ARBV and of the risk management systems that it has in place to address those risks.
• Provide the Responsible Minister, unless prohibited from doing so by or under any law, with any information relating to the ARBV or its operations as he or she requests.

Office-based Environmental impacts

The ARBV is committed to reducing its environmental footprint and promoting awareness and participation amongst its employees. The use of recycled paper together with the emphasis on electronic document management and a “paperlite” approach is reducing paper and storage. Wastepaper is binned for recycling and used printer cartridges are disposed of via Planet Ark.

Additional information available on request

In compliance with the requirements of the Standing Directions 2018 of the Minister for Finance, details in respect of the items listed below, where applicable to the ARBV, have been retained and are available on request, subject to the provisions of the Freedom of Information Act 1982:

1. details of publications produced by the ARBV about itself, and how these can be obtained
2. details of major research undertaken by the ARBV
3. details of major promotional, public relations and marketing activities undertaken by the ARBV to develop community awareness of the entity and its services
4. details of changes in prices, fees, charges, rates and levies charged
5. a statement on industrial relations within ARBV
6. details of all consultancies and contractors, including consultants/contractors engaged, services provided, and expenditure committed for each engagement.

The information is available on request from:

Registrar, ARBV

Level 10, 533 Little Lonsdale Street

Melbourne 3000

or registrar@arbv.vic.gov.au

Statement of availability of other information available on request

Details of the following items have been included in the ARBV’s annual report, on the pages indicated below:

1. a list of the ARBV’s major committees, the purposes of each committee, and the extent to which the purposes have been achieved (on page 39)
2. assessments and measures undertaken to improve the occupational health and safety of employees (on page 41).

Information that is not applicable to the ARBV

The following information is not relevant to the ARBV for the reasons set out below:

1. declaration of shares held by senior officers (no shares have ever been issued in the ARBV)
2. details of overseas visits undertaken (no ARBV members or senior executives took overseas work-related trips)
3. details of any major external reviews carried out on the ARBV (no major external reviews undertaken)
4. details of major development activities undertaken by the ARBV (no major development activities undertaken).

DataVIC Access Policy

The ARBV discloses information online and via printed publications. It also provides information services in person and/or by phone, annual report and website.