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Department of Infrastructure Annual Report 2001–02   183
        Statutory Authorities

      Architects Registration Board of                                 for mutual recognition between Boards and with other
                                                                       countries, harmonised legislative guidelines, national
                                                                       examinations for registration, review of Competency
      The Architects Registration Board of Victoria is a statutory
                                                                       Standards in Architecture, and development of a
      authority established under the Architects Act 1991 to           national register
      protect the community from incompetent or unprofessional
                                                                     • participated in consultations with Building Commission,
      architects. The Board is made up of architects and other
                                                                       Royal Australian Institute of Architects, Association of
      non-architect members of the community appointed by the
                                                                       Consulting Architects on improvements to legislation
                                                                       following NCP reviews.

      Role                                                           Priorities for 2002–03
      • register architects and approve architectural companies      • best practice initiatives through consultation with the
        and partnerships and publish the Register                      profession, audit and published advice
      • conduct inquiries into the conduct of architects, either     • improved information for the public about the Board’s
        initiated by complaint or by the Board itself                  role, particularly regarding inquiries into professional
      • conduct investigations of the use of the prescribed            practice
        words (architect, architectural, architecture), where it     • improved investigation and inquiry procedures
        appears that a breach of the Act may be involved
                                                                     • review of examinations used for entry to registration
      • administer assessments and examinations to determine
                                                                     • improved accreditation procedures for architecture
        eligibility for registration
      • accredit architectural courses at universities.
                                                                     • further development of a national listing of architects
      Achievements for 2001–02                                         through the Architects Accreditation Council of
      • provided advice to the public and government about
        the registration status of architects and companies
                                                                     Building Commission
      • conducted, in conjunction with the Royal Australian
        Institute of Architects, reviews of architectural courses    Role
        at recognised universities                                   The Building Commission and four associated statutory
      • conducted reviews of academic equivalence and                bodies oversee the administration of Victoria’s building
        Architectural Practice examinations for more than            legislation. The Commission is the regulator of the Victorian
        100 applicants                                               building industry and provides whole-of-government
      • maintained an independent tribunal inquiry process and       building advice to the Minister for Planning. It also provides
        provided technical, legal and administrative services for    a range of services to Victorian building practitioners and
        tribunals and complainants to improve the investigation      consumers in order to improve the quality of buildings,
        of matters and their resolution                              increase customer satisfaction with building services and
      • tribunal outcomes are published in the Board’s web site      raise the profile of the industry.
        and newsletter
                                                                     Achievements for 2001–02
      • conducted investigations of alleged misuse of the
        prescribed words and, where appropriate, obtained            • the Building Commission played a critical role in
        compliance                                                     reshaping builders warranty insurance in Victoria after
                                                                       insurers indicated in March 2002 that they wanted to
      • through the Architects Accreditation Council of
                                                                       leave the market. With DOI, the Department of Treasury
        Australia, the Board has supported national initiatives

184       Department of Infrastructure Annual Report 2001–02
  Statutory Authorities

  and Finance, the New South Wales Government and                   • in 2003, changes are proposed for high-risk shared
  other stakeholders, the Commission developed and                    accommodation buildings (such as backpacker hostels),
  implemented a package of measures that both ensures                 maintenance of essential services, energy efficiency
  builders warranty insurance remains available, and                  requirements and much more
  delivers better outcomes for builders and consumers in            • the Commission’s industry outcomes measurement
  relation to building disputes                                       program will be launched. The program will enable
• the Commission worked together with Consumer                        periodic evaluation of industry performance in relation
  Affairs Victoria to create Building Advice and                      to building quality, consumer satisfaction and industry
  Conciliation Victoria (BACV), a one stop shop to assist             profile. The Commission’s own performance will also
  builders and their customers resolve disputes swiftly               be measured
  and efficiently                                                   • the Commission will launch a discussion paper on
• to ensure fair and timely payment of contractors and                continuing professional development for registered
  subcontractors to the building industry, the Commission             building practitioners during the financial year.
  developed Security of Payment legislation that comes
  into force by 31 January 2003. The new laws prevent               Docklands Authority
  big businesses from exploiting loopholes in existing              The Docklands Authority was established to develop, in
  legislation to avoid paying monies owed                           partnership with the private sector, the 200-hectare
• in partnership with the Sustainable Energy Authority              Melbourne Docklands site at the western edge of
  (Victoria), the Commission commissioned research on               Melbourne’s Central Area.
  the introduction of a five-star energy standard for all
  new homes. The new standard was launched by                       Role
  Victorian Premier Steve Bracks in June 2002 as part of            The objectives and functions of the Authority under the
  the Government’s Greenhouse Strategy
                                                                    Docklands Authority Act 1991 (as amended) are to:
• to protect genuine owner-builders and ensure the
                                                                    • develop the area
  safety of the community, the Commission launched a
  discussion paper proposing that the term ‘owner-                  • promote private-sector and public involvement
  builder’ be redefined, and that the activities of self-           • oversee and coordinate the development
  styled owner-builders who do not fit the new definition           • investigate development and infrastructure options and
  be limited                                                          plans
• a partnership program for local government                        • take measures to encourage people to live and work in
  consultation was implemented, to promote information                Docklands
  exchange and greater understanding of building
                                                                    • create an attractive environment
  industry issues across Victoria. A key component of the
  program is regular visits by the Building Commissioner            • promote economic, cultural and social development
  to regional Victoria, to meet with mayors, municipal                and activities to promote tourism to, and for, the
  chief executives, building surveyors and other local                benefit of the Docklands area.
  industry stakeholders.
                                                                    Achievements for 2001–02
Priorities for 2002–03                                              • links to the city reinforced with the Government’s
• the Building Commission will launch a number of                     initiative to extend Collins Street from Spencer Street
  dispute reduction strategies to enhance the work of                 Station to the waterfront
  Building Advice and Conciliation Victoria

                                                            Department of Infrastructure Annual Report 2001–02                  185
        Statutory Authorities

      • first new residents moved into Docklands (the Arkley         • progressive completion and occupancy of residents in
        and Sant Elia buildings at MAB Corporation’s                   towers 1, 2 and 3 at Mirvac Yarra’s Edge,
        NewQuay)                                                       complemented by the first stage of public promenades
      • construction began on the National Australia Bank’s          • announcement of successful bidder for the $0.5 billion
        new campus-style office buildings, for up to 4,000             entertainment/retail Waterfront City development.
        staff, in Lend Lease’s Victoria Harbour Precinct
      • the Commonwealth Government’s Bureau of                      Hastings Port (Holding)
        Meteorology decided to relocate its Head Office to the       Corporation
        Folkestone/Leighton Joint Venture development at 700
        Collins Street, Docklands
                                                                     Hastings Port (Holding) Corporation (HPHC) is a body
      • in the Batman’s Hill Precinct, new projects, valued at
                                                                     corporate established under Part 2 of the Port Services Act
        more than $1 billion, including Pan Urban’s ‘Watergate’
        residential apartment tower development, the                 1995. HPHC holds property connected with the Port of
        Folkestone Leighton Joint Venture, and Village               Hastings and ensures that there is at all times a port
        Docklands (the Malaysian-based Kuok Group) which is          operator in relation to that port through the administration
        developing a mixed-use precinct                              of a port operation agreement. HPHC seeks to facilitate
                                                                     relationships with the port operator, the wider community
      • Victorian Government’s commitment to a $40 million
        Docklands Studio project                                     and add value where possible.

      • two major Urban Art Program projects realised: the           HPHC reports to both the Treasurer and the Minister for
        installation of a 25-metre public art sculpture ’Eagle’ by   Ports with respect to corporate planning, quarterly and
        leading Victorian sculptor Bruce Armstrong, on               annual performance and other statutory requirements.
        Wurundjeri Way; Harbour Esplanade public art                 If directed by Order of the Governor in Council, HPHC is
        competition winners announced to integrate artworks          able to act as port operator or channel operator for any
        along the ‘spine’ of Docklands                               period during which there may not be in force an
      • successful completion of remediation works at the            agreement for operation of the port or channels.
        former West Melbourne Gasworks.
                                                                     Achievements for 2001–02
      Priorities for 2002–03                                         • participation in the Victorian Port Reform Review Project
      • Docklands’ first waterfront restaurants open in MAB
                                                                     • establishment of an office within the town of Hastings
        NewQuay, along with a number of other retail and café
                                                                       with a view to establishing better local community and
                                                                       business relations
      • completion and occupancy of residents in the Palladio
                                                                     • continued advocacy for development of long-term
        and Boyd buildings
                                                                       strategic planning for the Port of Hastings and its
      • completion of the first stage of Grand Plaza, the civic        surrounds
        heart of Docklands, and part completion of Harbour
                                                                     • completion of a revaluation of all port infrastructure
        Esplanade, the main public promenade and ‘spine’ of
                                                                     • start of a review of the existing maintenance program
                                                                       with respect to the service capacity of port jetties and
      • construction to begin on numerous major projects in
                                                                       associated infrastructure
        Docklands, including the Bureau of Meteorology’s new
                                                                     • commencement of an external review of risk
        Head Office, Pan Urban’s ‘Watergate’ development, the
                                                                       management profiles for HPHC
        first residential tower in Victoria Harbour and the Webb
        Bridge over the Yarra River

186       Department of Infrastructure Annual Report 2001–02
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• participation in discussions regarding the development            10-week excavation from May to July 2002. Casselden
  of an Environmental Management Plan for Westernport               Place was part of the ‘Little Lon’ district of early
  and proposed establishment of Westernport Biosphere               Melbourne, notorious as a slum and red light district.
  Reserve.                                                          Successful initiatives to allow the general public to have
                                                                    a direct involvement in the dig included site tours, an
Priorities for 2002–03                                              on-site viewing platform, a special web page and
• participate in development of a Statewide Strategic               participation in the dig. More than 130,000 artefacts
  Framework for all ports                                           were uncovered.
• participate in implementation of a review of the charter,       • Railway Heritage. In March 2002, a report detailing
  structure and resourcing for HPHC with a view to                  VicTrack infrastructure listed on the Victorian Heritage
  properly equipping it to plan and provide for the                 Register was compiled by Heritage Victoria. The report
  potential future role of the Port of Hastings in the              included all existing railway infrastructure such as
  Victorian port and freight logistics program                      bridges, water towers, railway stations and tunnels, to
• establishing better consultation and community links.             establish the condition and heritage significance of the
                                                                    structures. The report will form the basis of a
Heritage Council                                                    restoration works program to be undertaken by
Role                                                              • Public Heritage Program. The Public Heritage Program
The role of the Heritage Council, as set out in the Heritage        this year funded a total of 54 projects across the State,
Act 1995, is to:                                                    with a value of more than $4 million. A highlight this
                                                                    year was the completion of the restoration of
• provide heritage policy advice to the Minister for
                                                                    Maltzahn’s Farmhouse, part of the historic
                                                                    Westgarthtown settlement. With a grant of $266,000
• decide which places to add to the Victorian Heritage
                                                                    from the Public Heritage Program, and guided by a
                                                                    conservation plan that took into account all the historic
• hear appeals against permit determinations by the                 evidence, the ruins were transformed into a usable
  Executive Director, Heritage Victoria                             residence.
• approve heritage grants                                         • HMVS Cerberus. The Maritime Heritage Unit has
• promote an understanding of heritage in the                       worked with the City of Bayside, Parks Victoria, the
  community.                                                        National Trust and concerned members of the public to
                                                                    formulate a plan with the long-term aim to return the
Achievements                                                        wreck of the internationally significant Cerberus to its
• Victorian Heritage Register. This year there has been             original pre-collapse profile. The Heritage Council
  great progress in the assessment of places of landscape           provided funding towards a feasibility study.
  and horticultural value for inclusion in the Register.          • Web site. The web site has been revamped over the
  Most significantly, the Royal Botanic Gardens in South            past six months, enabling a broader range of Heritage
  Yarra were added. Established in 1846, this Melbourne             Council functions to be represented online. This will
  icon has contributed significantly to the development of          allow the site to be kept current and dynamic, creating
  landscapes throughout Victoria.                                   a more enriched and useful resource for web site users.
• Casselden Place. The most significant archaeological            • Victorian Heritage Strategy 2000–05. Steady progress
  project undertaken last year was the Casselden Place              has continued to be made on the implementation of
  excavation in Melbourne’s CBD. Test excavations were              this Strategy. The Heritage Council established the
  carried out late in 2001, followed by an extensive                Heritage Collections Advisory Committee, which held its

                                                          Department of Infrastructure Annual Report 2001–02                     187
        Statutory Authorities

        inaugural meeting on 30 November 2001. The main              • introduced corresponding legislation between New
        task of the Committee is to develop a strategy for             South Wales and Victoria to rationalise marine safety
        identifying and assessing significant collections.             legislation on Lakes Hume and Mulwala
      • Cultural heritage. The Heritage Council, in June 2002,       • introduced legislation to improve the safety of
        made a submission to ensure that cultural heritage             operators of hire-and-drive vessels
        issues are appropriately considered as part of the           • conducted major educational opportunities for
        Commonwealth Government’s Review of Environment                recreational boat operators at the Melbourne ‘Four-
        Assessment procedures. It is envisaged that, as a result       Wheel Drive and Fishing Show’ and 10 regional events
        of the review, heritage impact assessments for all major
                                                                     • mounted effective response to one major and many
        development proposals will be incorporated into the
                                                                       minor marine pollution incidents along the Victorian
        environment assessment process.
                                                                       coast, including a sizeable incident affecting the
      • New Chair. Ms Catherine Heggen finished her term as            penguin rookery at Phillip Island
        Chair of the Heritage Council after four years at the
                                                                     • completed the transitional arrangements, including
        helm and six years on the Council. The new Chair,
                                                                       legislative amendments, to replace the Marine Board of
        Ms Chris Gallagher, took up the position on 1 July 2002.
                                                                       Victoria with the Office of the Director of Marine Safety,
                                                                       which trades as Marine Safety Victoria (MSV).
      Marine Board of Victoria                                         The legislative amendments to replace the Marine
      (now Marine Safety Victoria)                                     Board with the Office of the Director of Marine Safety
      (1 July 2001–7 February 2002)                                    came into effect on 7 February 2002. This was
                                                                       foreshadowed in the Marine (Further Amendment) Act
                                                                       2001 which received assent on 27 November 2001.
      The role of the Marine Board of Victoria, as set out in the
      Marine Act 1988, is to:                                        Priorities for 2002–03
      • facilitate the efficient and safe operation of vessels and   • implement the second stage of recreational boat
        the safety of navigation on State waters                       operator licensing requiring all operators of
                                                                       mechanically powered recreational vessels to be
      • improve community awareness of boating safety
                                                                       licensed for operation from 1 February 2003
      • improve and simplify registration and operating
                                                                     • develop and enact regulations for the operation of hire
        requirements for vessels on State waters
                                                                       and drive vessels, including the licensing of operators of
      • be responsible for ensuring an effective response to oil       some vessels
        pollution incidents on State waters.
                                                                     • develop and implement an annual boating safety
      Achievements for 2001–02                                         funding and facilities programs to assist recreational
                                                                       boating community organisations with improvements
      • continued revision of Statewide survey operations to
                                                                       to public boating facilities, safety awareness, training,
        ensure target of 100 per cent of commercial vessels
                                                                       search and rescue and other related safety initiatives
        requiring survey is achieved during fiscal year 2001–02
                                                                     • implement a marine online grants system which will
      • introduced the licensing of operators of mechanically
                                                                       enable electronic submission of applications for marine
        powered recreational vessels from 3 December 2001
                                                                       grants and provide for more efficient coordination and
      • published the first reports of investigations into marine      administration of the of the grants process
        incidents within Victorian waters for the public record
                                                                     • progressively implement the new National Standard for
                                                                       Commercial Vessels during the course of the year

188       Department of Infrastructure Annual Report 2001–02
  Statutory Authorities

• in conjunction with the National Marine Safety                    Protection Authority and relevant water authorities,
  Committee, MSV will contribute to the development of              facilitated the design and installation of a water
  a National Standard for Recreational Boat Safety                  recycling plant to filter and treat water pumped out of
  Equipment, which is being developed to provide                    the tunnels prior to its reinjection into the ground-
  nationally consistent safety equipment standards for all          water aquifers, dramatically reducing the demand for
  recreational boats                                                fresh water
• contribute to and assist with the implementation of the         • worked with Transurban to modify the relationship with
  next wave of port reform in Victoria.                             the State regarding Transurban’s ‘Single Purpose Entity’
                                                                    status. The MCLA facilitated the agreement between
Melbourne City Link Authority                                       the parties that saw incremental benefits to the State
(1 July 2001–28 February 2002)                                      including :
                                                                   • a facilitation fee of $10 million to the State (over a
                                                                     three-year period)
The Melbourne City Link Authority (MCLA) was established
                                                                   • a commitment for Transurban to retain its corporate
by Act of Parliament in December 1994 to represent the
                                                                     Head Office in Victoria, notwithstanding involvement
State in the $2.2 billion City Link project. Following               in interstate and overseas projects
completion of the City Link in December 2000, the
                                                                   • a commitment that it would work to ensure all
Government reviewed the needs of the State in the
                                                                     technological enhancements to its products would be
ongoing management of the City Link contract.
                                                                     completed in Victoria.
In December 2001, Parliament passed the Melbourne City
                                                                  • negotiated on behalf of the State for a further period of
Link (Further Amendments) Act 2001 that established the
                                                                    warning notices for first time offenders until the end of
position of Director, Melbourne City Link and imposed a
                                                                    May 2002
number of statutory functions on that position. The new
position of Director, Melbourne City Link within DOI came         • further promoted customer improvements by
                                                                    introducing an extended weekend pass from 1 February
into operation on 1 January 2002.
                                                                    2002, providing motorists with an extra 12 hours more
Following a number of extensions, the term of appointment           than the original weekend pass, to apply from midday
of the Board of the MCLA ended on 31 December 2001.                 Friday to midnight Sunday
To accommodate minor financial and administrative                 • monitored quarterly toll-price rises by Transurban in
completion arrangements, the legal entity of the MCLA was           accordance with the Concession Deed to ensure
retained until 28 February 2002 by the proclamation of              customer protection.
sections 38 and 39 of the Melbourne City Link
(Miscellaneous Amendments) Act 2000 which repealed the            Melbourne Port Corporation
Melbourne City Link Authority Act 1994.
Achievements for 2001–02                                          The Melbourne Port Corporation (MPC) owns and manages
During the period under review, the MCLA :                        the land and berths in the Port of Melbourne. It is
                                                                  responsible for the planning and development of the port
• monitored completion of the Burnley Tunnel repair
                                                                  and facilitating trade and commerce for the economic
  works. Further works to enhance the connection
                                                                  benefit of the State of Victoria.
  between the wall and the floor of the Burnley Tunnel
  were completed in early 2002
• in response to government and community concern,
  and in conjunction with Transurban, the Environment

                                                          Department of Infrastructure Annual Report 2001–02                    189
        Statutory Authorities

      Achievements for 2001–02                                        The artwork is the largest multifaceted animated
                                                                      lighting project in Australia and adds another
      • as part of the Victoria Dock redevelopment project, the
                                                                      dimension to the enhancement of the port environment
        Minister for Ports, the Hon. Candy Broad, officially
                                                                      for customers, neighbours and the local community.
        opened the realigned Moonee Ponds Creek. The creek
        realignment provides for the development of a 20
                                                                    Priorities for 2002–03
        hectare site to expand bulk and general cargo handling
                                                                    • the Australian Customs Office will complete its
        facilities in the port
                                                                      $11 million container contamination and scanning
      • a Partner Ports Agreement linking the Port of
                                                                      facility. The facility will allow not only a reduction in
        Philadelphia and the Port of Melbourne was signed by
                                                                      inspection times but its location in the port means the
        the Minister for Ports and the Governor of Pennsylvania.
                                                                      inspection of a greater number on containers and
        The Port of Philadelphia is the most significant port on
                                                                      increased protection for the State of Victoria
        the east coast of the USA for Australian exports and
                                                                    • the reintroduction of rail to Swanson Dock West will
        imports. The agreement will help to promote friendship
                                                                      greatly improve the level of rail access into and out of
        and co-operation, strengthen international trade and
                                                                      the port and will provide the necessary infrastructure to
        economic prosperity, and encourage investment and
                                                                      help achieve the Government’s target of 30 per cent of
        trade between the two ports
                                                                      the port’s container traffic being carried by rail.
      • the Minister for Ports launched the MPC’s whole-of-
        port Environmental Management Plan. The Plan                Plumbing Industry Commission
        identifies all the areas upon which port operations can
        impact, such as air quality and water quality, and sets     Role
        out the strategies that will help ensure any impacts are    The Plumbing Industry Commission (PIC) is a body
        effectively managed. It was developed in collaboration
                                                                    corporate established by Part 12A of the Building Act 1993.
        with customers, stakeholders and the wider community
                                                                    Its main functions are to administer the licensing and
      • two new service providers began operations in the port:     registration system for plumbers and the development and
        ANL, which began its Bass Strait services from Appleton     maintenance of plumbing standards. The PIC contributes to
        Dock, and Australian Maritime Services, which began         the protection of consumers’ health and safety by ensuring
        towage services. These developments will generate           that plumbers have the required competencies and perform
        benefits for port in terms of increased competition and
                                                                    their work in accordance with technical standards. The
        choice of operator
                                                                    performance of the PIC is supported by the Plumbing
      • as part of the MPC’s commitment to revitalise the use       Industry Advisory Council (PIAC), whose role is to provide
        of rail in the port a Heads of Agreement was reached        advice to the Minister and the PIC on plumbing regulatory
        with P&O Trans (Australia) for the development of an        matters. The PIAC has 14 members, representing vocational
        intermodal rail terminal to service P&O Ports’ container
                                                                    education, plumbing employers and employees, consumers,
        terminal at Swanson Dock West
                                                                    building, water and gas regulators.
      • the port’s land reserves were boosted by the purchase
                                                                    The mission of the PIC is to achieve community
        of a ten hectare property adjacent to the Maribyrnong
        River for $13.3 million. This was the MP’s first purchase   expectations of safety, health and consumer protection
        of private land and will help meet the demands of trade     through efficient and effective plumbing regulatory system.
      • a groundbreaking new public artwork, called
        Confluence – a Meeting of Waters, was opened at the
        Australian Bulk Alliance facility at F Appleton Dock.

190       Department of Infrastructure Annual Report 2001–02
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Achievements for 2001–02                                              • the development and implementation of a consistent
                                                                        plumbing regulatory system throughout Australia will
The PIC continues to improve its business effectiveness and
                                                                        present a significant challenge in all jurisdictions.
efficiency through introducing better systems and process
and by working closely with its stakeholders, as outlined
                                                                      Public Transport Corporation

• licence and registration assessment processes are now               Role
  fully computerised                                                  The Public Transport Corporation (PTC) was formed in July
• field officers are equipped to record their activities or           1989 to operate trains, trams and buses in the Melbourne
  issue documents electronically anywhere in Victoria                 metropolitan area, passenger services in rural Victoria and
                                                                      freight services.
• implementing strategies successfully dealing with the
  insurance issues                                                    The PTC ceased to be a provider of freight services from
• facilitating the work program of the PIAC                           1 July 1997 and passenger transport services from 1 July
• participating in the development of the Plumbing Code               1998. The primary role of the PTC became the provision of
  of Australia and product approval procedures                        maintenance and other services to the passenger operators
                                                                      and other customers and the progressive outsourcing or
• implementing the national plumbing competencies
  framework                                                           transfer of responsibility for these activities.

• participated in research project with South East Water              An administrator was appointed to the PTC on 23
  aimed at decreasing water consumption                               December 1999 with the objective of winding it up.
• development of energy and water saving strategies                   The PTC will be wound up in the financial year 2002–03.

• producing and distributing educational videos in
                                                                      Achievements for 2001–02
  partnership with the industry.
                                                                      • a staged settlement was negotiated of the ‘scope creep’
Priorities for 2002–03                                                  and general claims lodged by Onelink in respect of the
• the promotion of energy efficient installations is a                  Automated Ticketing contract
  major challenge that will require better strategic                  • tenders were called during the year for the facilities
  cooperation with all stakeholders to determine technical              management of Preston Tram Workshops to secure its
  standards, while enabling consumers to use their own                  future operation. Subsequent to balance date, Alstom
  initiatives to increase the energy efficiency of their                Australia Limited, who are committed to creating new
  homes and businesses                                                  work opportunities, were appointed as facilities
• new strategies will be required to expedite responses to              managers for Preston Tram Workshops
  consumer inquiries and investigation of complaints                  • at settlement, the majority of the Preston Workshops
• the PIC will undertake systematic detailed analysis of                staff, with an average of 25 years service, will transfer
  the data collected through audits and inspections                     to Alstom Australia Limited ensuring their valuable skills
  allowing better assessment of the effectiveness of the                and experience are retained in the industry
  current system and developing strategies for further                • during the year the Preston Tram Workshops, through
  improvements                                                          the efforts of its dedicated staff, continued to provide
• the PIC is committed to the development of strategies                 essential tram maintenance services to the franchise
  encouraging professional development of plumbing                      operators. The Workshops also participated in fitting an
  practitioners and the staff                                           upgraded braking system to W-class trams

                                                              Department of Infrastructure Annual Report 2001–02                     191
        Statutory Authorities

      • the franchise operators have been provided with access       Road in Braeside, Greens Road in Dandenong and
        to Preston Tram Workshops for the fitout and                 Berwick–Cranbourne Road in Berwick
        commissioning of their new tram fleets                     • in rural Victoria, the $85 million Calder Freeway,
      • progress was made in settling a number of public             Woodend Bypass was completed and substantial
        liability and litigation cases.                              progress was made on the upgrade of the South
                                                                     Gippsland Highway between Lang Lang and Sale and
      Priorities for 2002–03                                         the duplication of the Bass Highway between Lang
      To enable the PTC to be brought to a conclusion, the major     Lang and Anderson
      tasks in the coming year are to finalise the handover of     • a new high-tech traffic management system called ‘Easy
      Preston Workshops in August 2002 under the facilities          Merge-Safer Flow’ was trialled at the Thompsons Road
      management agreement, to conclude the remaining two            entrance to the Eastern Freeway. This system uses
      stages of the Automated Ticketing settlement and to divest     special traffic lights to control vehicles entering the
      the Green Star Parcels business.                               freeway during peak periods to reduce disruption to
                                                                     freeway traffic flow
      Roads Corporation of Victoria                                • a new driver licensing system was introduced which is
      (VicRoads)                                                     delivering significant community and administrative
                                                                     benefits, including an improved ability to provide
      Role                                                           electronic service delivery and an improved capability to
      VicRoads serves the community by managing Victoria’s           prevent the issue of fraudulent duplicate licences
      road system and its use as an integral part of the overall   • Victoria became the first State to introduce a written-
      transport network.                                             off vehicle register, to control fraudulent re-registering
                                                                     of stolen vehicles.
      Achievements for 2001–02
      • the arrive alive! road safety strategy for 2002–07,        Priorities for 2002–03
        developed by the road safety partners and co-ordinated     • the Geelong Road upgrading will be completed. This
        by VicRoads, was adopted and launched by the                 will provide four lanes of traffic in each direction
        Victorian Government                                         between Melbourne and Werribee and three lanes in
      • under the Government’s four-year $240 million                each direction between Werribee and Geelong
        Statewide Accident Blackspot program, a total of           • the $94 million Goulburn Valley Highway deviation at
        391 blackspot locations were improved at a cost of           Murchison East, which incorporates 18 km of four-lane
        $67 million                                                  divided highway is expected to be completed in early
      • more stringent drink-driving penalties were introduced,      2003, some 10 months ahead of schedule
        including alcohol interlocks for serious offenders and     • the $240 million Statewide Accident Blackspot Program
        initiatives to tackle the over-representation of             will continue in 2002–03 with $83.8 million funding to
        motorcyclists in casualty crashes.                           treat hazardous sites throughout the State
      • the first stages of the $270 million, 48 kilometre         • a 50 km/h speed limit will be implemented on arterial
        Geelong Road upgrade were completed with the                 roads in a number of rural town centres and lower
        opening of the Maltby and Corio sections widened to          time-variable speed limits will be introduced in a
        three lanes of traffic in each direction                     number of metropolitan strip shopping centres
      • major road improvement projects were completed in          • an Advisory Council for Road-based Public Transport will
        the metropolitan and outer metropolitan areas                be established to advise the Minister for Transport and
        including Mickleham Road in Westmeadows, Boundary            VicRoads on the needs of road-based public transport

192       Department of Infrastructure Annual Report 2001–02
  Statutory Authorities

• a works program will be implemented targeted to                      relating to the bidding process and conflict of interest
  improve the performance (running times) of road-based                principles
  public transport, reduce the variability of travel times,          • traffic flow in the Spencer Street Station subway was
  increase opportunities to change transport modes and                 dramatically improved by opening up the subway and
  contribute to improved public safety                                 making it more accessible to the travelling public.
• a new electronic Roadworthy Certificate system will be               This was largely achieved by relocating retail outlets in
  implemented that will enable customers to obtain a                   the subway
  Roadworthy Certificate and register vehicles without               • strong cooperative relationships were developed
  attending a Registration and Licensing office. This will             between the SSSA and its working partners – DOI and
  improve customer service and enable more effective                   its Rail Projects Group, the City of Melbourne,
  auditing of the operation of Victoria’s 2500 Licensed                Docklands Authority, VicTrack and the various
  Vehicle Testers.                                                     franchised operators within the development
                                                                     • customer service was given a priority by the SSSA, with
Spencer Street Station Authority                                       the establishment of information officers, signage and
Role                                                                   printed material to assist the travelling public to orient
                                                                       themselves within the complex and the city itself.
The Spencer Street Station Authority (SSSA) began
operations on 1 July 2000 under the Rail Corporations and            Priorities for 2002–03
Transport Acts (Amendment) Act 1999. Specific objectives
                                                                     • the redevelopment of the complex will begin early in
for the SSSA include:                                                  October 2002, led by successful tenderers Civic Nexus
• to manage the precinct and the development, or                     • the SSSA will appoint roving ambassadors to welcome
  redevelopment, of the precinct for transport and related             visitors to the station, provide them with orientation
  purposes, including commercial obligations                           information and to direct traffic flow
• to monitor the requirements and likely future                      • security and safety measures will be increased within
  requirements for transport facilities at the precinct, and           the complex in preparation for the period of major
• any other functions conferred on the SSSA by the Rail                construction between now and 2005
  Corporations and Transport Acts (Amendment) Act                    • the completion of the Collins Street Extension will
  1999, or any other Act.                                              define the southern boundary of the new station.
                                                                       As a result, the completed development will have a
Achievements for 2001–02                                               Collins Street address as well as the familiar Spencer
• during its second year of operation, the SSSA has                    Street entry point.
  matured into an efficient and responsible organisation,
  employing competent senior staff with clear roles and              Urban and Regional Land
  responsibilities. A variety of new strategies, systems and         Corporation
  models were implemented, which will enable the SSSA
  to continue to work at optimal levels of efficiency                Role
• risk management issues were reviewed and the SSSA                  The Urban and Regional Land Corporation (URLC) has
  appointed risk management professionals to assist in               responded to its new charter by broadening its activities to
  identifying and managing areas of significant                      encompass regional, urban renewal and design-related
  business risk                                                      initiatives. Under the theme of Smart Living, the URLC
• detailed probity processes were established in                     focuses on the achievement of sustainable development,
  conjunction with an independent probity adviser,                   community building and outstanding urban design in all of
                                                                     its projects.

                                                             Department of Infrastructure Annual Report 2001–02                     193
        Statutory Authorities

      Achievements for 2001–02                                       • soil remediation works at Cairnlea were completed, and
                                                                       the legless lizard, a protected species, was returned to
      Development of new communities                                   the area, after undergoing a preservation and breeding
      • land assembly and planning begun for a major new               program
        development in Epping North based on principles of           • a major wetlands area was completed on the
        ecological and environmental sustainability, to provide        Boardwalk estate at Point Cook
        about 8,500 homes and an expected population of
                                                                     • major road connections were completed at Cairnlea,
        25,000 people
                                                                       Roxburgh Park and the Boardwalk, increasing
      • earthworks began for the development of Valley Lake at         accessibility as well as serving the wider community
        Keilor East – a major redevelopment of the former
                                                                     • on an Anglican church site in North Bayswater , a
        Niddrie Quarry to create a residential development with
                                                                       project incorporating a mix of social and private
        about 400 house lots and about 380 apartments
                                                                       housing, demonstrating the achievement affordable
      Regional development                                             housing and good environmental outcomes.

      • managing the redevelopment of the former Saleyards           Priorities for 2002–03
        site in Horsham to create a residential development
                                                                     • URLC will continue its expansion into regional Victoria,
        around an extensive wetlands precinct, together with a
                                                                       as well as its pursuit of urban renewal opportunities in
        commercial development that will contribute
                                                                       Melbourne, including Transit Cities developments
        significantly to the regional economy
                                                                     • town centres, planned in accordance with new urbanist
      • with DOI, VicTrack and the City of Wodonga,
                                                                       principles, will be created at the Boardwalk (Point Cook)
        development of a master plan for the central area of
                                                                       and Lancaster Gate (Bundoora)
        Wodonga after the existing railway line is relocated
                                                                     • URLC will continue its focus on community
      • with the City of Swan Hill, development of a major new
                                                                       development and environmental initiatives including
        residential area at Tower Hill, providing for the city’s
                                                                       water recycling and the development of an EcoHome as
        growth over the next 25 years as a model urban
                                                                       a demonstration project for environmentally sustainable
        precinct with a range of residential opportunities
        responding to demographic changes
                                                                     • urban design and the achievement of built form
      Transit Cities                                                   outcomes will be emphasised, with a number of
      • URLC is acting as master developer to support the              initiatives including working with builders to achieve
        Government’s Transit Cities program. The first project is      fully integrated house and land products on all the
        in Dandenong, where the URLC is working with DOI               URLC’s major estates.
        and the City of Dandenong on the redevelopment of
        the derelict former Stockyards site to transform it into a   Victorian Channels Authority
        thriving residential community, building on its proximity
        to Dandenong station and contributing to the
        reinvigoration of Dandenong as a place to live and           The Victorian Channels Authority (VCA) is a self-funding
        work                                                         statutory authority that began operation in March 1996.
                                                                     It is responsible for the commercial shipping channels and
      Liveable residential communities                               navigation aids in Victorian port waters and, on behalf of
      • during 2001–02 the URLC sold 2,156 lots, providing a         the Victorian Government, for the emergency and distress
        diverse range of housing opportunities in master-            coastal radio service. It also operates a one-stop-shop
        planned communities                                          service to the shipping industry, with 24-hour commercial

194       Department of Infrastructure Annual Report 2001–02
  Statutory Authorities

shipping control and coordination of services including             • advance the establishment of a new entity for the Port
pilotage, tugs and lines boats as well as customs and                 of Melbourne and commercial shipping channels.
Achievements for 2001–02
• ISO 9002 certification for marine operations (including
  shipping control), navigational services and                      VicTrack owns the majority of Victoria’s rail infrastructure
  hydrographic surveying                                            and land on behalf of the State. Most of these assets are
                                                                    leased to the Director of Public Transport for the purposes
• completion of preliminary evaluation stage and start of
                                                                    of managing public transport franchise contracts with the
  more advanced assessment, including environmental
                                                                    private train and tram operators. As a result, VicTrack is not
  effects, of the possible deepening of Port Phillip
  channels                                                          directly involved in the provision of passenger or freight
                                                                    transport services. VicTrack’s primary role is to grow and
• preparation for assumption of responsibilities for
                                                                    add value to the network and property assets under our
  managing the emergency/distress coastal radio service
                                                                    custodianship and seek and develop commercial
• start of a new routine dredging regime that offers
                                                                    opportunities in the facilities management and
  opportunities to deliver operational cost savings
                                                                    telecommunications sectors.
• ongoing testing and evaluation of a Dynamic Under-
  keel Clearance system for possible introduction in                Achievements for 2001–02
                                                                    • a major initiative in which VicTrack was involved during
• preparation for a major maintenance dredging                        the year was the establishment of a Rail Heritage
  campaign of commercial shipping channels in Port                    Advisory Panel. The role of the Panel is to establish
  Phillip and ports of Melbourne and Geelong during                   criteria to determine the significance of various
  2002–03                                                             historical rail properties, the extent and cost of
• sponsorship for celebrations of Victorian maritime                  restoration works required, and prioritise the sites in
  heritage.                                                           line with available funding
                                                                    • as one of the largest landowners in Victoria, VicTrack
Priorities for 2002-03                                                has continued to address its environmental obligations
• progress Stage 3 of the Port Phillip Channel Deepening              including undertaking remedial action to correct
  project involving more detailed studies on technical,               problems that have resulted from past practices and to
  economic and environment issues, including the                      protect the environment for future generations.
  preparation of an Environment Effects Statement
                                                                    • VicTrack has continued to invest in public safety, project
• begin major maintenance dredging campaign                           managing the Government’s level crossing upgrade
• install the Swathe Bathymetry system for hydrographic               program and undertaking trials of a new lower-cost
  survey to enhance productivity with its simultaneous                solution for remote level crossings
  soundings capability                                              • works continued during the year on the planning phase
• introduce Dynamic Under-keel Clearance system that                  of the project to install a fibre optic backbone to the
  would increase the maximum available draught for                    regional centres of Geelong, Ballarat, Bendigo and
  ships calling at Melbourne and Geelong                              Traralgon. This project will provide improved signalling
• develop a performance management system for the                     for the regional fast rail services as well as enhance
  VCA as provided under the enterprise bargaining                     regional broadband connections

                                                            Department of Infrastructure Annual Report 2001–02                       195
        Statutory Authorities

      • VicTrack continues to initiate and implement a range of
        commercial development projects, including new                Other bodies and committees
        commercial leases, air space developments and outdoor
        advertising initiatives. Innovative developments such as
        the soon-to-be-completed Elsternwick Station enables        Other bodies and committees utilised by DOI and its
        VicTrack to attract private investment to upgrade public
                                                                    Minister for advice include:
        transport facilities
                                                                    Australian Maritime Group
      • VicTrack continues to play a key role in facilitating and
        supporting the Government’s Transit Cities initiative,      Australian Maritime Safety Authority
        working closely with other government Departments           Boating Industry Association
        and agencies to enable the exciting Dandenong project       Building Advisory Council
        to commence during the year.
                                                                    Building Appeals Board
      Priorities for 2002-03                                        Building Practitioners Board
      • complete a trial to investigate the feasibility of          Building Regulations Advisory Committee
        transmitting real-time images from moving passenger         City Circle Tram Promotions
        vehicles as part of an overall strategy designed to
                                                                    Hazardous Waste Siting Advisory Committee
        improve safety on public transport services and reduce
        the incidence of vandalism and graffiti                     Local Government Best Value Commission

      • play a key role in a number of major transport projects,    Local Government Consultative Council
        including managing the land acquisitions for the            Ministerial Advisory Committee for Public Libraries
        regional fast rail, gauge standardisation and Wodonga       National Marine Safety Committee
        bypass projects
                                                                    Planning Panels Victoria
      • continue with a number of significant commercial
                                                                    Plumbing Industry Advisory Committee
        developments, including air space at Burke Road,
                                                                    Public Transport Access Committee
        Camberwell and at South Yarra
                                                                    Public Transport Customer Charter Committee
      • continue the program of restoring heritage stations and
        rail facilities in conjunction with Heritage Victoria –     Public Transport Heritage Advisory Council
        major upgrade works are planned at Malmsbury,               Victorian Motorcycle Advisory Council
        Ballarat, Pirron Yallock, Minyip, Manangatang and           Victorian Bicycle Advisory Council
        Kangaroo Flat (interior), reflecting VicTrack’s
                                                                    Victorian Rail Freight Advisory Council
        commitment to the preservation of Victoria’s rail
        heritage assets.                                            Victorian Road Freight Advisory Council
                                                                    Victorian Sea Freight Industry Council.

196       Department of Infrastructure Annual Report 2001–02
DOI’s Whistleblowers Protection Policy

     Procedures for managing disclosures made pursuant
     to the Whistleblower Protection Act 2001


     1.    DOI philosophy                                                199
     2.    Purpose of these procedures                                   199
     3.    Objects of the Act                                            199
     4.    Definitions of key terms                                      199
     4.1   Improper conduct                                              199
     4.2   Corrupt conduct                                               199
     4.3   Detrimental action                                            199
     5.    The reporting system                                          200
     5.1   Contact persons within the
           Department of Infrastructure                                  200
     5.2   Alternative contact persons                                   200
     5.3   Making disclosures about persons other
           than DOI employees                                            200
     6.    Roles and responsibilities                                    200
     6.1   All DOI employees and officers                                200
     6.2   Protected disclosure coordinator                              200
     6.3   Investigator                                                  200
     6.4   Welfare manager                                               201
     7.    Confidentiality                                               201
     8.    Collating and publishing statistics                           201
     9.    Receiving and assessing disclosures                           201
     9.1   Has the disclosure been made in accordance
           with Part 2 of the Act?                                       201
     9.2   Has the disclosure been made to the appropriate person?       201
     9.3   Does the disclosure contain the essential
           elements of a protected disclosure?                           201
     9.4   Is the disclosure a public interest disclosure?               202
     10.   Investigations                                                202

                                                  Department of Infrastructure Annual Report 2001–02   197
      DOI’s Whistleblowers Protection Policy

             10.1 Introduction                                    202
             10.2 Terms of reference                              202
             10.3 Investigation plan                              202
             10.4 Natural justice                                 202
             10.5 Conduct of the investigation                    203
             10.6 Referral of an investigation to the Ombudsman   203
             10.7 Reporting requirements                          203
             11.   Action taken after an investigation            203
             11.1 Investigator’s final report                     203
             11.2 Action to be taken                              203
             12.   Managing the welfare of the whistleblower      203
             12.1 Commitment to protecting whistleblowers         203
             12.2 Keeping the whistleblower informed              204
             12.3 Occurrence of detrimental action                204
             12.4 Whistleblowers implicated in improper conduct   204
             13.   Management of the person against whom a
                   disclosure has been made                       204
             14.   Criminal offences                              205
             15.   Review                                         205

198   Department of Infrastructure Annual Report 2001–02
     DOI’s Whistleblowers Protection Policy

1.    DOI Philosophy                                                                  • The performance of a public officer’s functions dishonestly or
                                                                                        with inappropriate partiality;
      The Department of Infrastructure is committed to the aims and
      objectives of the Whistleblowers Protection Act. It does not                    • Conduct of a public officer, former public officer or a public
      tolerate improper conduct by its staff, nor the taking of reprisals               body that amounts to a breach of public trust;
      against those who come forward to disclose such conduct.                        • Conduct by a public officer, former public officer
      The Department of Infrastructure recognises the value of                          or a public body that amounts to the misuse of information or
      transparency and accountability in its administrative and                         material acquired in the course of the performance of their
      management practices and supports the making of disclosures                       official functions; or
      which reveal corrupt conduct, conduct involving a substantial                   • A conspiracy or attempt to engage in the above conduct.
      mismanagement of public resources or conduct involving a
      substantial risk to public health and safety or the environment.
      The Department will take all reasonable steps to protect people                            Examples of improper conduct
      who make such disclosures from any detrimental action in
                                                                                    • To avoid closure of a town’s only industry, an environmental
      reprisal for the making of the disclosure. It will also afford
                                                                                      health officer ignores or conceals evidence of illegal dumping
      natural justice to the person who is the subject of the disclosure.
                                                                                      of waste.
2.    Purpose of these procedures                                                   • An agricultural officer delays or declines imposing quarantine
                                                                                      to allow a financially distressed farmer to sell diseased stock.
      These procedures establish a system for reporting disclosures of
      improper conduct or detrimental action by the Department of                   • A building inspector tolerates poor practices and structural
      Infrastructure or its employees. The system enables such                        defects in the work of a leading local builder.
      disclosures to be made to the Protected Disclosure Coordinator.
      Disclosures may be made by any DOI staff member, contractor or
      by members of the public.
      These procedures are designed to complement normal                                          Examples of corrupt conduct
      communication channels between managers and staff. Staff are
      encouraged to continue to raise appropriate matters at any time               • A public officer takes a bribe or receives a payment other than
      with their manager. As an alternative, staff may make a                         his or her wages or salary in exchange for the discharge of a
      disclosure of improper conduct or detrimental action, under the                 public duty.
      Act, in accordance with these procedures.                                     • A public officer favours unmeritorious applications for positions
                                                                                      or permits by friends and relatives.
3.    Objects of the act
                                                                                    • A public officer sells confidential information.
      From 1 January 2002, the Whistleblowers Protection Act 2001
      facilitates and encourages the making of disclosures of improper
      conduct by public officers and public bodies. The Act provides
      protection to whistleblowers who make disclosures in                    4.3     Detrimental action
      accordance with the Act, and establishes a system for the                       The Act makes it an offence for a person to take detrimental
      matters disclosed to be investigated and rectifying action to                   action against a person in reprisal for a protected disclosure.
      be taken.                                                                       Detrimental action includes:
                                                                                      • Action causing injury, loss or damage;
4.    Definitions of key terms
                                                                                      • Intimidation or harassment; and
      There are three key concepts in the reporting system. These are;
                                                                                      • Discrimination, disadvantage or adverse treatment in relation
      • improper conduct,                                                               to a person’s employment, career, profession, trade or
      • corrupt conduct,                                                                business, including the taking of disciplinary action.
      • detrimental action.

4.1   Improper conduct                                                                           Examples of detrimental action
      A disclosure may be made about improper conduct by a public                   • A public body refuses a deserved promotion of a person who
      body or public official. Improper conduct means conduct that is                 makes a disclosure.
      corrupt, a substantial mismanagement of public resources, or
      conduct involving substantial risk to public health or safety or to           • A public body demotes, transfers, isolates in the workplace or
      the environment. The conduct must be serious enough to                          changes the duties of a whistleblower due to the making of a
      constitute, if proved, a criminal offence or reasonable grounds                 disclosure.
      for dismissal.                                                                • A person threatens, abuses or carries out other forms of
                                                                                      harassment directly or indirectly against the whistleblower,
4.2   Corrupt conduct                                                                 his or her family or friends.
      Corrupt conduct means:                                                        • A public body discriminates against the whistleblower or his
      • Conduct of any person (whether or not a public official) that                 or her family and associates in subsequent applications for jobs,
        adversely affects the honest performance of a public officer’s                permits or tenders.
        or public body’s functions;

                                                                      Department of Infrastructure Annual Report 2001–02                                  199
           DOI’s Whistleblowers Protection Policy

      5.     The reporting system                                             6.    Roles and responsibilities
      5.1    Contact person within the Department of                          6.1   All DOI employees and officers
             Infrastructure                                                         All DOI employees and officers are encouraged to report known
             Disclosures of improper conduct or detrimental action by the           or suspected incidences of improper conduct or detrimental
             Department of Infrastructure or its employees, may be made to          action in accordance with these procedures.
             the following:                                                         All employees of DOI have an important role to play in
             Protected Disclosures Coordinator                                      supporting those who have made a legitimate disclosure.
             Department of Infrastructure                                           They must refrain from any activity that is, or could be perceived
             Level 26, Nauru House                                                  to be, victimisation or harassment of a person who makes a
             80 Collins St                                                          disclosure. Furthermore, they should protect and maintain the
             Melbourne 3000                                                         confidentiality of a person they know or suspect to have made a
             Phone: (03) 9655 8776                                                  disclosure.

             All correspondence, phone calls and emails from internal or      6.2   Protected Disclosure Coordinator
             external whistleblowers must be referred to the Protected              The Protected Disclosure Coordinator will:
             Disclosure Coordinator.
                                                                                    • Be a contact point for general advice about the operation of
             Where a person is contemplating making a disclosure and is               the Act for any person wishing to make a disclosure about
             concerned about approaching the Protected Disclosure                     improper conduct or detrimental action;
             Coordinator he or she can call the Protected Disclosure
             Coordinator and request a meeting in a discreet location away          • Receive all phone calls, emails and letters from members of
             from the workplace.                                                      the public or employees seeking to make a disclosure;
                                                                                    • Make arrangements for a disclosure to be made privately and
      5.2    Alternative contact                                                      discreetly and, if necessary, away from the workplace;
             A disclosure about improper conduct or detrimental action by           • Receive any disclosure made orally or in writing (from internal
             the Department of Infrastructure or its employees, may also be           and external whistleblowers);
             made directly to the Ombudsman:
                                                                                    • Commit to writing any disclosure made orally;
             The Ombudsman Victoria
             Level 22, 459 Collins Street                                           • Impartially assess the allegation and determine whether it is a
             Melbourne Victoria 3000                                                  disclosure made in accordance with Part 2 of the Act (that is,
                                                                                      ‘a protected disclosure’);
             Internet:            http://www.ombudsman.vic.gov.au
             Email:               ombudvic@ombudsman.vic.gov.au                     • Impartially assess each disclosure to determine whether it is a
             Phone:               (03) 9613 6222                                      public interest disclosure;
             Toll Free:           1800 806 314                                      • Take all necessary steps to ensure the identity of the
             Ombudsman:           Dr Barry Perry      Tel: (03) 9613 6202             whistleblower and the identity of the person who is the
                                                                                      subject of the disclosure are kept confidential; and
      5.3    Making a disclosure about persons other than                           • Refer all public interest disclosures to the Ombudsman;
             DOI employees                                                          • Be responsible for carrying out, or appointing an investigator
             The following table sets out where a DOI employee or other               to carry out, an investigation referred to the public body by
             person, may make a disclosure about persons other than                   the Ombudsman;
             employees of the Department of Infrastructure.
                                                                                    • Be responsible for overseeing and coordinating an
                                                                                      investigation where an investigator has been appointed;
             Person who is the              Person/body to whom the                 • Appoint a welfare manager to support the whistleblower and to
             subject of the disclosure      disclosure must be made                   protect him or her from any reprisals;
             Employee of a public           That public body or the                 • Advise the whistleblower of the progress of an investigation
             body other than DOI            Ombudsman                                 into the disclosed matter;
             Member of Parliament           Speaker of the Legislative              • Establish and manage a confidential filing system;
             (Legislative Assembly)         Assembly
                                                                                    • Collate and publish statistics on disclosures made;
             Member of Parliament           President of the Legislative
                                                                                    • Take all necessary steps to ensure the identity of the
             (Legislative Council)          Council
                                                                                      whistleblower and the identity of the person who is the
             Councillor                     The Ombudsman                             subject of the disclosure are kept confidential; and
             Chief Commissioner             The Ombudsman or                        • Liaise with the Secretary of the Department of Infrastructure.
             of Police                      Deputy Ombudsman
             Member of the                  The Ombudsman,
                                                                              6.3   Investigator
             police force                   Deputy Ombudsman or                     The investigator will be responsible for carrying out an internal
                                            Chief Commissioner of Police            investigation into a disclosure that has been made or where the
                                                                                    Ombudsman has referred a matter to the public body.
                                                                                    An investigator may be a person appointed from within DOI or a

200         Department of Infrastructure Annual Report 2001–02
     DOI’s Whistleblowers Protection Policy

      consultant engaged by the Protected Disclosures Coordinator for               Documents relevant to a whistleblower matter must not be
      that purpose.                                                                 emailed and all phone calls and meetings must be conducted in
6.4   Welfare manager
      The welfare manager is responsible for looking after the general        8.    Collating and publishing statistics
      welfare of the whistleblower. The welfare manager will:                       The Protected Disclosure Coordinator will establish a secure
      • Examine the immediate welfare and protection needs of a                     register to record the information required to be published in the
        whistleblower who has made a disclosure and seek to foster a                annual report, and to generally keep account of the status of
        supportive work environment;                                                whistleblower disclosures. The register will be confidential and
                                                                                    will not record any information that may identify the
      • Advise the whistleblower of the legislative and administrative
        protections available to him or her;
                                                                                    The register will contain the following information:
      • Listen and respond to any concerns of harassment,
        intimidation or victimisation in reprisal for making disclosure;            • The number and types of disclosures made to public bodies
        and                                                                           during the year;
      • Ensure the expectations of the whistleblower are realistic.                 • The number of disclosures referred to the Ombudsman for
                                                                                      determination as to whether they are public interest
      The Welfare Manager will be appointed by the Protected
      Disclosure Coordinator on a case by case basis. The Department’s
      Employee Assistance Program may also be utilised to appoint a                 • The number and types of disclosed matters referred to the
      suitably qualified Welfare Manager independent to DOI.                          public body by the Ombudsman for investigation;
                                                                                    • The number and types of disclosures referred by the public
7.    Confidentiality                                                                 body to the Ombudsman for investigation;
      The Department of Infrastructure will take all reasonable steps to
                                                                                    • The number and types of investigations taken over from the
      protect the identity of the whistleblower. Maintaining
                                                                                      public body by the Ombudsman;
      confidentiality is crucial in ensuring reprisals are not made
      against a whistleblower.                                                      • The number of requests made by a whistleblower to the
                                                                                      Ombudsman to take over an investigation by the public body;
      The Act requires any person who receives information due to the
      handling or investigation of a protected disclosure, not to                   • The number and types of disclosed matters that the public
      disclose that information except in certain limited circumstances.              body has declined to investigate;
      Disclosure of information in breach of section 22 constitutes an              • The number and types of disclosed matters that were
      offence that is punishable by a maximum fine of 60 penalty units                substantiated upon investigation and the action taken on
      ($6000) or six months imprisonment or both.                                     completion of the investigation; and
      The circumstances in which a person may disclose information                  • Any recommendations made by the Ombudsman that relate
      obtained about a protected disclosure include:                                  to the public body.
      • Where exercising the functions of the public body under the
                                                                              9.    Receiving and assessing disclosures
      • When making a report or recommendation under the Act;                 9.1   Has the disclosure been made in accordance
      • When publishing statistics in the annual report of a public                 with Part 2 of the Act?
        body; and                                                                   Where a disclosure has been received, the Protected Disclosure
      • In criminal proceedings for certain offences in the Act.                    Coordinator will assess whether the disclosure has been made in
                                                                                    accordance with Part 2 of the Act and is, therefore, a protected
      However, the Act prohibits the inclusion of particulars in any
      report or recommendation that is likely to lead to the
      identification of the whistleblower. The Act also prohibits the         9.2   Has the disclosure been made to the
      identification of the person who is the subject of the disclosure
      in any particulars included in an annual report.
                                                                                    appropriate person?
                                                                                    For the disclosure to be responded to by DOI, it must concern an
      The Protected Disclosure Coordinator will ensure all files, whether
                                                                                    employee or officer of DOI. If the disclosure concerns an
      paper or electronic, are kept in a secure room and can only be
                                                                                    employee, officer or member of another public body, the person
      accessed as necessary by the investigator or welfare manager (in
                                                                                    who has made the disclosure must be advised of the correct
      relation to welfare matters). All printed material will be kept in
                                                                                    person or body to whom the disclosure should be directed.
      files that are clearly marked as a Whistleblower Protection Act
                                                                                    (See the table in 5.2). If the disclosure has been made
      matter, and warn of the criminal penalties that apply to any
                                                                                    anonymously, it should be referred to the Ombudsman.
      unauthorised divulging information concerning a protected
      disclosure. All electronic files will be produced and stored on a       9.3   Does the disclosure contain the essential
      stand-alone computer and be given password protection. Backup
                                                                                    elements of a protected disclosure?
      files will be kept on floppy disc. All materials relevant to an
      investigation, such as tapes from interviews, will also be stored             To be a protected disclosure, a disclosure must satisfy the
      securely with the whistleblower files.                                        following criteria:
                                                                                    • Did a natural person (that is, an individual person rather than
                                                                                      a corporation) make the disclosure?

                                                                      Department of Infrastructure Annual Report 2001–02                                 201
        DOI’s Whistleblowers Protection Policy

              • Does the disclosure relate to conduct of a public body or public         • To collate information relating to the allegation as quickly as
                officer acting in their official capacity?                                 possible. This may involve taking steps to protect or preserve
              • Is the alleged conduct either improper conduct or detrimental              documents, materials and equipment;
                action taken against a person in reprisal for making a                   • To consider the information collected and to draw conclusions
                protected disclosure?                                                      objectively and impartially;
              • Does the person making a disclosure have reasonable grounds              • To maintain procedural fairness in the treatment of witnesses
                for believing the alleged conduct has occurred?                            and the person who is the subject of the disclosure; and
              The Protected Disclosure Coordinator will determine whether the            • To make recommendations arising from the conclusions
              disclosure is a protected disclosure and whether the disclosure is           drawn concerning remedial or other appropriate action.
              a public interest disclosure.
                                                                                    10.2 Terms of reference
              Where a disclosure is assessed not to be a protected disclosure,
                                                                                         Before commencing an investigation, the protected disclosure
              the matter does not need to be dealt with under the Act.
                                                                                         coordinator will draw up terms of reference and obtain
              The Protected Disclosure Coordinator will decide how the matter
                                                                                         authorisation for those terms by the chief executive officer.
              should be responded to.
                                                                                         The terms of reference will set a date by which the investigation
      9.4     Is the disclosure a public interest disclosure?                            report is to be concluded, and will describe the resources
              Where a disclosure has been received and determined to be a                available to the investigator to complete the investigation within
              protected disclosure, the Protected Disclosure Coordinator will            the time set. The protected disclosure coordinator may approve,
              determine whether the disclosure amounts to a public interest              if reasonable, an extension of time requested by the investigator.
              disclosure. This assessment will be made within 45 days of the             The terms of reference will require the investigator to make
              receipt of the disclosure.                                                 regular reports to the protected disclosure coordinator who, in
                                                                                         turn, is to keep the Ombudsman informed of general progress.
              In reaching a conclusion as to whether a protected disclosure is
              a public interest disclosure, the protected disclosure coordinator    10.3 Investigation plan
              will consider whether the disclosure shows, or tends to show,              The investigator will prepare an investigation plan for approval
              that the public officer to whom the disclosure relates:                    by the protected disclosure coordinator. The plan will list the
              • Has engaged, is engaging or proposes to engage in improper               issues to be substantiated and describe the avenue of inquiry.
                conduct in his or her capacity as a public officer; or                   It will address the following issues:
              • Has taken, is taking or proposes to take detrimental action in           • What is being alleged?
                reprisal for the making of the protected disclosure.                     • What are the possible findings or offences?
              If the protected disclosure coordinator concludes that the                 • What are the facts in issue?
              disclosure amounts to a public interest disclosure, he or she will:
                                                                                         • How is the inquiry to be conducted?
            1. Notify the person who made the disclosure of that conclusion;
                                                                                         • What resources are required?
                                                                                         At the commencement of the investigation, the whistleblower
            2. Refer the disclosure to the Ombudsman for formal determination
                                                                                         should be:
               as to whether it is indeed a public interest disclosure.
                                                                                         • Notified by the investigator that he or she has been appointed
              If the protected disclosure coordinator concludes that the
                                                                                           to conduct the investigation;
              disclosure is not a public interest disclosure, he or she will:
                                                                                         • Asked to clarify any matters; and
            1. Notify the person who made the disclosure of that conclusion;
               and                                                                       • Provide any additional material he or she might have.
            2. Advise that person that he or she may request the public body to          The investigator will be sensitive to the whistleblower’s possible
               refer the disclosure to the Ombudsman for a formal                        fear of reprisals and will be aware of the statutory protections
               determination as to whether the disclosure is a public interest           provided to the whistleblower.
               disclosure, and that this request must be made within 28 days of
               the notification.                                                    10.4 Natural justice
                                                                                         The principles of natural justice will be followed in any
              In either case, the protected disclosure coordinator will make the
                                                                                         investigation of a public interest disclosure. The principles of
              notification and the referral within 14 days of the conclusion
                                                                                         natural justice concern procedural fairness and ensure a fair
              being reached by the public body. Notification to the
                                                                                         decision is reached by an objective decision maker. Maintaining
              whistleblower is not necessary where the disclosure has been
                                                                                         procedural fairness protects the rights of individuals and
              made anonymously.
                                                                                         enhances public confidence in the process.
      10. Investigations                                                                 The Department will have regard to the following issues in
                                                                                         ensuring procedural fairness:
      10.1 Introduction
                                                                                         • The person who is the subject of the disclosure is entitled to
              Where the Ombudsman refers a protected disclosure to DOI for
                                                                                           know the allegations made against him or her and must be
              investigation, the protected disclosure coordinator will appoint
                                                                                           given the right to respond. (This does not mean the person
              an investigator to carry out the investigation.
                                                                                           must be advised of the allegation as soon as the disclosure is
              The objectives of an investigation will be:                                  received or the investigation has commenced);

202         Department of Infrastructure Annual Report 2001–02
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     • If the investigator is contemplating making a report adverse to              • The allegation/s:
       the interests of any person, that person should be given the                 • An account of all relevant information received and, if the
       opportunity to put forward further material that may                           investigator has rejected evidence as being unreliable, the
       influence the outcome of the report and that person’s defence                  reasons for this opinion being formed;
       should be fairly set out in the report;
                                                                                    • The conclusions reached and the basis for them; and
     • All relevant parties to a matter should be heard and all
       submissions should be considered;                                            • Any recommendations arising from the conclusions.

     • A decision should not be made until all reasonable inquiries                 If the investigator has found that the conduct disclosed by the
       have been made;                                                              whistleblower has occurred, recommendations made by the
                                                                                    investigator will include:
     • The investigator or any decision maker should not have a
       personal or direct interest in the matter being investigated;                • The steps that need to be taken by the Department to prevent
                                                                                      the conduct from continuing or occurring in the future; and
     • All proceedings must be carried out fairly and without bias.
       Care should be taken to exclude perceived bias from the                      • Any action that should be taken by the Department to remedy
       process; and                                                                   any harm or loss arising from the conduct. This action may
                                                                                      include bringing disciplinary proceedings against the person
     • The investigator must be impartial in assessing the credibility                responsible for the conduct, and referring the matter to an
       of the whistleblowers and any witnesses. Where appropriate,                    appropriate authority for further consideration.
       conclusions as to credibility should be included in the
       investigation report.                                                        The report will be accompanied by:
                                                                                    • The transcript or other record of any oral evidence taken,
10.5 Conduct of the investigation                                                     including tape recordings; and
     The investigator will make contemporaneous notes of all                        • All documents, statements or other exhibits received by the
     discussions and phone calls, and all interviews with witnesses will              officer and accepted as evidence during the course of the
     be taped. All information gathered in an investigation will be                   investigation.
     stored securely. Interviews will be conducted in private and the
     investigator will take all reasonable steps to protect the identity            Where the investigator’s report is to include an adverse comment
     of the whistleblower. Where disclosure of the identity of the                  against any person, that person will be given the opportunity to
     whistleblower cannot be avoided, due to the nature of the                      respond and his or her defence will be fairly included in the
     allegations, the investigator will warn the whistleblower and his              report.
     or her welfare manager of this probability.                                    The report will not disclose particulars likely to lead to the
     It is in the discretion of the investigator to allow any witness to            identification of the whistleblower.
     have legal or other representation or support during an
                                                                               11.2 Action to be taken
     interview. If a witness has a special need for legal representation
     or support, permission should be granted.                                      If the Protected Disclosure Coordinator is satisfied that the
                                                                                    investigation has found that the disclosed conduct has occurred,
10.6 Referral of an investigation to the Ombudsman                                  he or she will recommend to the Secretary to the Department
     The protected disclosure coordinator will make a decision                      the action that must be taken to prevent the conduct from
     regarding the referral of an investigation to the Ombudsman                    continuing or occurring in the future. The protected disclosure
     where, on the advice of the investigator:                                      coordinator may also recommend that action be taken to
                                                                                    remedy any harm or loss arising from the conduct.
     • The investigation is being obstructed by, for example, the
       non-cooperation of key witnesses; or                                         The protected disclosure coordinator will provide a written report
                                                                                    to the DOI Ministers, the Ombudsman and the whistleblower
     • The investigation has revealed conduct that may constitute a                 setting out the findings of the investigation and any remedial
       criminal offence.                                                            steps taken.
10.7 Reporting requirements                                                         Where the investigation concludes that the disclosed conduct did
     The protected disclosure coordinator will ensure the                           not occur, the protected disclosure coordinator will report these
     whistleblower is kept regularly informed concerning the handling               findings to the Ombudsman and to the whistleblower.
     of a protected disclosure and an investigation.
                                                                               12. Managing the welfare of the
     The protected disclosure coordinator will report to the
     Ombudsman about the progress of an investigation.
     Where the Ombudsman or the whistleblower requests                         12.1 Commitment to protecting whistleblowers
     information about the progress of an investigation, that                       DOI is committed to the protection of genuine whistleblowers
     information will be provided within 28 days of the date of the                 against detrimental action taken in reprisal for the making of
     request.                                                                       protected disclosures. The protected disclosure coordinator is
                                                                                    responsible for ensuring whistleblowers are protected from direct
11. Action taken after an investigation                                             and indirect detrimental action, and that the culture of the
                                                                                    workplace is supportive of protected disclosures being made.
11.1 Investigator’s final report
     At the conclusion of the investigation, the investigator will                  The protected disclosure coordinator will appoint a welfare
     submit a written report of his or her findings to the protected                manager to all whistleblowers who have made a protected
     disclosure coordinator. The report will contain:                               disclosure. The welfare manager will:

                                                                       Department of Infrastructure Annual Report 2001–02                                203
        DOI’s Whistleblowers Protection Policy

           • Examine the immediate welfare and protection needs of a             12.4 Whistleblowers implicated in improper conduct
             whistleblower who has made a disclosure and, where the                   If a person who makes a disclosure is implicated in misconduct,
             whistleblower is an employee, seek to foster a supportive                the Department will handle the disclosure and protect the
             work environment;                                                        whistleblower from reprisals in accordance with the Act,
           • Advise the whistleblower of the legislative and administrative           the Ombudsman’s guidelines and these procedures.
             protections available to him or her;                                     DOI acknowledges that the act of whistle blowing should not
           • Listen and respond to any concerns of harassment,                        shield whistleblowers from the reasonable consequences flowing
             intimidation or victimisation in reprisal for making disclosure;         from any involvement in improper conduct. Section 17 of the
                                                                                      Act specifically provides that a person’s liability for his or her
           • Keep a contemporaneous record of all aspects of the case                 own conduct is not affected by the person’s disclosure of that
             management of the whistleblower including all contact and                conduct under the Act. However, in some circumstances, an
             follow-up action; and                                                    admission may be a mitigating factor when considering
           • Ensure the expectations of the whistleblower are realistic.              disciplinary or other action.
           All employees will be advised that it is an offence for a person to        The Secretary will make the final decision on the advice of the
           take detrimental action in reprisal for a protected disclosure.            Protected Disclosure Coordinator as to whether disciplinary or
           The maximum penalty is a fine of 240 penalty units ($24,000)               other action will be taken against a whistleblower. Where
           or two years imprisonment or both. The taking of detrimental               disciplinary or other action relates to conduct that is the subject
           action in breach of this provision can also be grounds for making          of the whistleblower’s disclosure, the disciplinary or other action
           a disclosure under the Act and can result in an investigation.             will only be taken after the disclosed matter has been
           Detrimental action includes:                                               appropriately dealt with.

           • Causing injury, loss or damage;                                          In all cases where disciplinary or other action is being
                                                                                      contemplated, the Secretary to the DOI must be satisfied that it
           • Intimidation or harassment; and
                                                                                      has been clearly demonstrated that:
           • Discrimination, disadvantage or adverse treatment in relation
                                                                                      • The intention to proceed with disciplinary action is not
             to a person’s employment, career, profession, trade or
                                                                                        causally connected to the making of the disclosure (as
             business (including the taking of disciplinary action).
                                                                                        opposed to the content of the disclosure or other available
      12.2 Keeping the whistleblower informed                                           information);
           The protected disclosure coordinator will ensure the                       • There are good and sufficient grounds that would fully justify
           whistleblower is kept informed of action taken in relation                   action against any non-whistleblower in the same
           to his or her disclosure, and the time frames that apply.                    circumstances; and
           The whistleblower will be informed of the objectives of an                 • There are good and sufficient grounds that justify exercising
           investigation, the findings of an investigation, and the steps               any discretion to institute disciplinary or other action.
           taken by the Department to address any improper conduct that
                                                                                      The Protected Disclosure Coordinator will thoroughly document
           has been found to have occurred. The whistleblower will be
                                                                                      the process including recording the reasons why the disciplinary or
           given reasons for decisions made by the Department in relation
                                                                                      other action is being taken, and the reasons why the action is
           to a protected disclosure. All communication with the
                                                                                      not in retribution for the making of the disclosure. The protected
           whistleblower will be in plain English.
                                                                                      disclosure coordinator will clearly advise the whistleblower of the
      12.3 Occurrence of detrimental action                                           proposed action to be taken, and of any mitigating factors that have
                                                                                      been taken into account.
           If a whistleblower reports an incident of harassment,
           discrimination or adverse treatment that would amount to              13. Management of the person against
           detrimental action taken in reprisal for the making of the
           disclosure, the welfare manager will:
                                                                                     whom a disclosure has been made
                                                                                      The Department recognises that employees against whom
           • Record details of the incident;
                                                                                      disclosures are made must also be supported during the
           • Advise the whistleblower of his or her rights under the Act;             handling and investigation of disclosures. The Department will
             and                                                                      take all reasonable steps to ensure the confidentiality of the
           • Advise the Protected Disclosure Coordinator or the Secretary             person who is the subject of the disclosure during the
             to the DOI of the detrimental action.                                    assessment and investigation process. Where investigations do
                                                                                      not substantiate disclosures, the fact that the investigation has
           The taking of detrimental action in reprisal for the making of a
                                                                                      been carried out, the results of the investigation, and the identity
           disclosure can be an offence against the Act as well as grounds
                                                                                      of the person who is the subject of the disclosure will remain
           for making a further disclosure. Where such detrimental action is
           reported, the protected disclosure coordinator will assess the
           report as a new disclosure under the Act. Where the protected              The protected disclosure coordinator will ensure the person who
           disclosure coordinator is satisfied that the disclosure is a public        is the subject of any disclosure investigated by or on behalf of a
           interest disclosure, he or she will refer it to the Ombudsman.             public body is:
           If the Ombudsman subsequently determines the matter to be a                • Informed as to the substance of the allegations;
           public interest disclosure, the Ombudsman may investigate the
                                                                                      • Given the opportunity to answer the allegations before a final
           matter or refer it to another body for investigation as outlined in
                                                                                        decision is made;
           the Act.

204      Department of Infrastructure Annual Report 2001–02
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    • Informed as to the substance of any adverse comment that
      may be included in any report arising from the investigation;
      and has
    • His or her defence set out fairly in any report.
    If the allegations in a disclosure have been investigated, and the
    person who is the subject of the disclosure is aware of the
    allegations or the fact of the investigation, the protected
    disclosure coordinator will formally advise the person who is the
    subject of the disclosure of the outcome of the investigation.
    DOI will give its full support to a person who is the subject of a
    disclosure where the allegations contained in a disclosure are
    clearly wrong or unsubstantiated. If the matter has been publicly
    disclosed, the Secretary of the Department of Infrastructure will
    consider any request by that person to issue a statement of
    support setting out that the allegations were clearly wrong or

14. Criminal offences
    The Department will ensure staff appointed to handle protected
    disclosures and all other employees are aware of the following
    offences created by the Act:
    1. It is an offence for a person to take detrimental action against
       a person in reprisal for a protected disclosure being made.
       The Act provides a maximum penalty of a fine of 240 penalty
       units ($24,000) or two years imprisonment or both.
    2. It is an offence for a person to divulge information obtained
       as a result of the handling or investigation of a protected
       disclosure without legislative authority. The Act provides a
       maximum penalty of 60 penalty units ($6,000) or six months
       imprisonment or both.
    3. It is an offence for a person to obstruct the Ombudsman in
       performing his responsibilities under the Act. The Act provides
       a maximum penalty of 240 penalty units ($24,000) or two
       years imprisonment or both.
    4. It is an offence for a person to knowingly provide false
       information under the Act with the intention that it be acted
       on as a disclosed matter. The Act provides a maximum penalty
       of 240 penalty units ($24,000) or two years imprisonment
       or both.

15. Review
    These procedures will be reviewed annually to ensure they meet
    the objectives of the Act and accord with the Ombudsman’s

                                                                   Department of Infrastructure Annual Report 2001–02   205

      Principal offices and agencies
          Department of Infrastructure
          80 Collins Street, Melbourne
          Victoria Australia 3000
          Telephone           (03) 9655 6666
          Internet            www.doi.vic.gov.au
          International       +61 3 9655 6666
          Facsimile           (03) 9655 6752
          International       (03) + 61 3 9655 6752
          Postal address
          PO Box 2797Y, Melbourne
          Victoria Australia 3001

      Regional Offices
          North West Metropolitan
          499 Ballarat Road, Sunshine 3020
          Telephone           (03) 9313 1307
          Facsimile           (03) 9313 1316
          South East Metropolitan
          12 Lakeside Drive, East Burwood 3151
          Telephone            (03) 9881 8895
          Facsimile            (03) 9881 8820
          Eastern Region
          120 Kay Street, Traralgon 3844
          Telephone            (03) 5172 2677
          Facsimile            (03) 5174 2799
          Northern Region
          57 Lansell Street, Bendigo 3550
          Telephone            (03) 5434 5150
          Facsimile            (03) 5434 5157
          North Eastern Region
          50-52 Clarke Street, Benalla 3672
          Telephone            (03) 5761 1857
          Facsimile            (03) 5762 7870
          South Western Region
          180 Fyans Street, South Geelong 3220
          Telephone           (03) 5225 2521
          Facsimile           (03) 5225 2514
          Western Region
          88 Learmonth Road, Wendouree 3355
          Telephone         (03) 5333 8790
          Facsimile         (03) 5333 8796

206      Department of Infrastructure Annual Report 2001–02

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