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Published

Actions for Machinery of government changes

Machinery of government changes

Premier and Cabinet
Treasury
Whole of Government
Management and administration
Project management

What the report is about

The term ‘machinery of government’ refers to the way government functions and responsibilities are organised.

The decision to make machinery of government changes is made by the Premier. Changes may be made for a range of reasons, including to support the policy and/or political objectives of the government of the day.

Larger machinery of government changes typically occur after an election or a change of Premier.

This report assessed how effectively the Department of Planning, Industry and Environment (DPIE) and the Department of Regional NSW (DRNSW) managed their 2019 and 2020 machinery of government changes, respectively. It also considered the role of the Department of Premier and Cabinet (DPC) and NSW Treasury in overseeing machinery of government changes.

What we found

The anticipated benefits of the changes were not articulated in sufficient detail and the achievement of benefits has not been monitored. The costs of the changes were not tracked or reported.

DPC and NSW Treasury provided principles to guide implementation but did not require departments to collect or report information about the benefits or costs of the changes.

The implementation of the machinery of government changes was completed within the set timeframes, and operations for the new departments commenced as scheduled.

Major implementation challenges included negotiation about the allocation of corporate support staff and the integration of complex corporate and ICT systems.

What we recommended

DPC and NSW Treasury should:

  • consolidate existing guidance on machinery of government changes into a single document that is available to all departments and agencies
  • provide guidance for departments and agencies to use when negotiating corporate services staff transfers as a part of machinery of government changes, including a standard rate for calculating corporate services requirements
  • progress work to develop and implement common processes and systems for corporate services in order to support more efficient movement of staff between departments and agencies.

Fast facts

  • $23.7m is the estimated minimum direct cost of the 2019 DPIE changes to date, noting additional ICT costs will be incurred
  • $4.0m is the estimated minimum direct cost of the 2020 DRNSW changes, with an estimated $2.7 million ongoing annual cost
  • 40+ NSW Government entities affected by the 2019 machinery of government changes

The term ‘machinery of government’ refers to the way government functions and responsibilities are allocated and structured across government departments and agencies. A machinery of government change is the reorganisation of these structures. This can involve establishing, merging or abolishing departments and agencies and transferring functions and responsibilities from one department or agency to another.

The decision to make machinery of government changes is made by the Premier. These changes may be made for a range of reasons, including to support the policy and/or political objectives of the government of the day. Machinery of government changes are formally set out in Administrative Arrangements Orders, which are prepared by the Department of Premier and Cabinet, as instructed by the Premier, and issued as legislative instruments under the Constitution Act 1902.

The heads of agencies subject to machinery of government changes are responsible for implementing them. For more complex changes, central agencies are also involved in providing guidance and monitoring progress.

The NSW Government announced major machinery of government changes after the 2019 state government election. These changes took place between April and June 2019 and involved abolishing five departments (Industry; Planning and Environment; Family and Community Services; Justice; and Finance, Services and Innovation) and creating three new departments (Planning, Industry and Environment; Communities and Justice; and Customer Service). This also resulted in changes to the 'clusters' associated with departments. The NSW Government uses clusters to group certain agencies and entities with related departments for administrative and financial management. Clusters do not have legal status. Most other departments that were not abolished had some functions added or removed as a part of these machinery of government changes. For example, the functions relating to regional policy and service delivery in the Department of Premier and Cabinet were moved to the new Department of Planning, Industry and Environment.

Our Report on State Finances 2019, tabled in October 2019, outlined these changes and identified several issues that can arise from machinery of government changes if risks are not identified early and properly managed. These include: challenges measuring the costs and benefits of machinery of government changes; disruption to services due to unclear roles and responsibilities; and disruption to control environments due to staff, system and process changes.

In April 2020, the Department of Regional NSW was created in a separate machinery of government change. This involved moving functions and agencies related to regional policy and service delivery from the Department of Planning, Industry and Environment into a standalone department.

This audit assessed how effectively the Department of Planning, Industry and Environment (DPIE) and the Department of Regional NSW (DRNSW) managed their 2019 and 2020 machinery of government changes, respectively. It also considered the role of the Department of Premier and Cabinet and NSW Treasury in overseeing machinery of government changes. The audit investigated whether:

  • DPIE and DRNSW have integrated new responsibilities and functions in an effective and timely manner
  • DPIE and DRNSW can demonstrate the costs of the machinery of government changes
  • The machinery of government changes have achieved or are achieving intended outcomes and benefits.
Conclusion

It is unclear whether the benefits of the machinery of government changes that created the Department of Planning, Industry and Environment (DPIE) and the Department of Regional NSW (DRNSW) outweigh the costs. The anticipated benefits of the changes were not articulated in sufficient detail and the achievement of directly attributable benefits has not been monitored. The costs of the changes were not tracked or reported. The benefits and costs of the machinery of government changes were not tracked because the Department of Premier and Cabinet (DPC) and NSW Treasury did not require departments to collect or report this information. The implementation of the machinery of government changes was completed within the set timeframes, and operations for the new departments commenced as scheduled. This was achieved despite short timelines and no additional budget allocation for the implementation of the changes.

The rationale for establishing DPIE was not documented at the time of the 2019 machinery of government changes and the anticipated benefits of the change were not defined by the government or the department. For DRNSW, the government’s stated purpose was to provide better representation and support for regional areas, but no prior analysis was conducted to quantify any problems or set targets for improvement. Both departments reported some anecdotal benefits linked to the machinery of government changes. However, improvements in these areas are difficult to attribute because neither department set specific measures or targets to align with these intended benefits. Since the machinery of government changes were completed, limited data has been gathered to allow comparisons of performance before and after the changes.

DPC and NSW Treasury advised that they did not define the purpose and benefits of the machinery of government changes, or request affected departments to do so, because these were decisions of the government and the role of the public service was to implement the decisions.

We have attempted to quantify some of the costs of the DPIE and DRNSW changes based on the information the audited agencies could provide. This information does not capture the full costs of the changes because some costs, such as the impact of disruption on staff, are very difficult to quantify, and the costs of ICT separation and integration work may continue for several more years. Noting these limitations, we estimate the initial costs of these machinery of government changes are at least $23.7 million for DPIE and $4.0 million for DRNSW. For DPIE, this is predominantly made up of ICT costs and redundancy payments made around the time of the machinery of government change. For DRNSW it includes ICT costs and an increase in senior executive costs for a standalone department, which we estimate is an ongoing cost of at least $1.9 million per year.

For the DPIE machinery of government change, there were risks associated with placing functions and agencies that represent potentially competing policy interests within the same 'cluster', such as environment protection and industry. We did not see evidence of plans to manage these issues being considered by DPIE as a part of the machinery of government change process.

The efficiency of machinery of government changes could be improved in several ways. This includes providing additional standardised guidance on the allocation of corporate functions and resources when agencies are being merged or separated, and consolidating guidance on defining, measuring and monitoring the benefits and costs of machinery of government changes.

Appendix one – Response from agencies

Appendix two – About the audit

Appendix three – Performance auditing

 

Copyright notice

© Copyright reserved by the Audit Office of New South Wales. All rights reserved. No part of this publication may be reproduced without prior consent of the Audit Office of New South Wales. The Audit Office does not accept responsibility for loss or damage suffered by any person acting on or refraining from action as a result of any of this material.

 

Parliamentary reference - Report number #359 - released (17 December 2021).

Published

Actions for Responses to homelessness

Responses to homelessness

Community Services
Justice
Management and administration
Project management
Service delivery

What the report is about

The report assessed how effectively the Department of Communities and Justice is responding to homelessness through the NSW Government’s Homelessness Strategy.

It also assessed the effectiveness of the department’s efforts to address street homelessness in its COVID-19 response.

What we found

The strategy was designed to build evidence to inform future state-wide action rather than to end homelessness.

The department received significantly less funding than it sought for the strategy.

Actions delivered under the strategy have a narrow reach in terms of locations and number of people targeted for assistance.

The strategy will have limited short-term impact on homelessness across NSW, but it is building evidence on what works to prevent and reduce homelessness.

The department effectively implemented a crisis response to assist over 4,350 people sleeping rough into temporary accommodation during the pandemic.

While there was an effective crisis response to assist people sleeping rough during the pandemic, more will need to be done to ensure a sustainable response which prevents people returning to homelessness.

What we recommend

The department should:

  • provide advice to the NSW Government on sustainably addressing demand and unmet need for homelessness supports
  • commence development of a comprehensive strategy to address homelessness, linked to the government’s 10-year plan for social housing and 20-year housing strategy
  • enable input to key decisions on homelessness policy from partner agencies, the specialist homelessness services sector, the community housing sector, Aboriginal people, and people with lived experience of homelessness
  • partner with Aboriginal stakeholders and communities to design and implement a strategy for early identification and responses to the needs of Aboriginal people vulnerable to homelessness; and build the capacity and resourcing of the Aboriginal Community Controlled Sector to deliver homelessness services
  • evaluate the homelessness response to COVID-19, integrate the lessons learned into future practice, and develop protocols to inform actions in future emergencies or disasters
  • regularly collect client outcomes data and feedback and use this to drive improvements to responses to homelessness.

Fast facts

Homelessness Strategy
  • $169m total additional and existing funding allocated to the strategy.
  • 22% of the number of people in NSW experiencing homelessness in 2016 may be supported by strategy actions.
COVID-19 response 1 April 2020 to 31 January 2021
  • 400 people sleeping rough in temporary accommodation were assisted with two year rentals and wrap around support packages.
  • 72% of people sleeping rough provided with temporary accommodation were estimated to have left with unknown housing outcomes.

Further information

Please contact Ian Goodwin, Deputy Auditor-General on 9275 7347 or by email.

Homelessness exists when a person does not have suitable accommodation alternatives. A person is considered to be experiencing homelessness if their current living arrangement:

  • is in a dwelling that is inadequate; or
  • has no tenure, or if their initial tenure is short and not extendable; or
  • does not allow them to have control of, and access to space for social relations.

The number of people experiencing homelessness in New South Wales increased by 37 per cent between the last two censuses, from 27,479 in 2011, to 37,715 in 2016. New South Wales recorded the largest increase of all the states and territories in both the number of people experiencing homelessness and in the homeless rate (from 40.8 to 50.4 persons per 10,000).

The NSW Government's primary service response to homelessness is crisis, temporary and transitional accommodation, and support services, funded at more than $1.0 billion over four years from 2018–19. These are ‘commissioned services’ delivered by non‑government organisations under contracts with the Department of Communities and Justice (the Department) and out of scope for this audit. We assessed how the Department manages contracts for specialist homelessness services in our 2019 audit 'Contracting non‑government organisations'.

The policy framework for the NSW Government's response to homelessness is the NSW Homelessness Strategy 2018–23 (the Strategy), which is examined in this audit. The Department is responsible for the development, implementation, monitoring and evaluation of the Strategy. The Strategy comprises 21 actions, ten of which directly target people at risk of, or already experiencing, homelessness through measures such as:

  • screening high school students for the risk of homelessness and providing supports
  • assisting vulnerable people to maintain their tenancies in social housing or the private rental market
  • providing purpose‑built social housing.

These ten actions comprise $160 million of the Strategy's $169 million funding.

In December 2019, the first evidence of the COVID‑19 virus emerged. People sleeping without shelter or in public places (sleeping rough) typically live in communal arrangements, with some having limited access to basic hygiene supplies or showering facilities. These factors may increase the risk of transmission of COVID‑19 amongst this population.

In response to the pandemic, the NSW Government provided additional funding for the Department to institute a range of actions aimed at preventing vulnerable people from becoming homeless, and people sleeping rough from contracting or transmitting the virus. These were informed by, but separate to, actions under the Homelessness Strategy.

This audit focused on the temporary accommodation provided to individuals experiencing street homelessness during the pandemic, and the new 'Together Home' program established in 2020 to transition people with experience or history sleeping rough from temporary accommodation into more sustainable longer‑term housing.

This audit assessed how effectively the Department is implementing the Homelessness Strategy and addressing street homelessness in its COVID‑19 response. In making this assessment, the audit examined whether the Department:

  • has effectively developed an evidence‑based Strategy and established supporting arrangements to implement it
  • is ensuring the Strategy is achieving its objectives and outcomes
  • is effectively supporting people sleeping rough into temporary accommodation during COVID‑19 and to transition into more sustainable longer‑term housing.

Conclusion

The $169 million Homelessness Strategy will have a limited short‑term impact on homelessness across New South Wales.

The Department designed the Strategy to build evidence to inform future state‑wide action rather than to end homelessness. The Department also received significantly less funding than it sought, and as a result, the Strategy's actions have a narrow reach in terms of the locations and the number of people targeted for assistance.

The Department has clearly communicated its aims to intervene early to prevent people from experiencing homelessness; to provide effective supports to people experiencing homelessness; and to create an integrated person‑centred system. While these objectives are clear, they are not being pursued state‑wide.

The Department recognised in its advice to government on Strategy resourcing that growing demand could not be met within current funding and housing supply, and that there was limited proof on effective preventative and early interventions in the available evidence base. Given the evidence threshold for new funding, the Department designed the Strategy to pilot approaches which help to identify the best prevention and early intervention measures for state‑wide roll out after the Strategy's five‑year term, subject to budget approval.

The Department received significantly less funding than it sought for the Strategy. It repurposed existing resources, dropped some proposed actions and scaled others down to fit within the final funding envelope. While seeking to demonstrate what works to prevent homelessness or intervene earlier, the Department directed 95 per cent of the final Strategy funding to concrete actions supporting people at risk of, or experiencing, homelessness.

The Department has put in place governance and operational arrangements which are supporting the implementation and evaluation of the Strategy, and it is broadly on track with reaching the target number of clients expected. The Department’s data shows that more than 4,100 people have received direct supports under Strategy actions. However, the reach of the Strategy remains constrained. Once fully implemented, most Strategy actions will be available in only a quarter of the state's local government areas, supporting around 8,200 people ‑ what equates to around 22 per cent of the number of people experiencing homelessness in New South Wales at the last census in 2016.

There is a risk that future funding will not be secured – and Strategy actions not continued or scaled up – if the evidence on effectiveness is incomplete, mixed or unclear when the Strategy concludes. This sits against a backdrop of increasing need for housing and homelessness supports in the state that may become more acute once the full economic impacts of the COVID‑19 pandemic are felt.

The Department effectively planned and implemented a crisis response to assist people sleeping on the streets during the COVID‑19 pandemic. The Department will need to do more to ensure a sustainable longer‑term response which prevents people returning to street homelessness.

The Department's crisis response focused on people sleeping rough due to the public health risk of COVID‑19 transmission amongst this group. Of the approximately 32,500 people provided with temporary accommodation between 1 April 2020 and 31 January 2021, 4,355 were sleeping rough. As at 13 May 2021, only one case of COVID‑19 had been detected to date among the individuals who received assistance. The Department advises that around one‑quarter of all those placed in temporary accommodation were assisted into social housing or private rental accommodation.

Within metropolitan Sydney, the Department established a dedicated team and contracted provider to connect people sleeping rough placed in hotels with support services, and to assist and monitor their transition to longer‑term housing. The Department’s data suggests that almost 38 per cent of the approximately 1,800 people who received this support were able to move to social housing or private rental accommodation. However, the Department did not track the housing outcomes for clients who were not provided with this support, or who were not engaged with housing or funded support services.

The Department offers supports to people in temporary accommodation to assist them in finding longer term housing, and it has a policy to not knowingly exit someone from temporary accommodation into homelessness. However, it does not track housing outcomes for every client if they do not engage with the Department's housing or funded support services.

The Department cannot precisely identify how many people sleeping rough assisted during COVID‑19 have returned to rough sleeping or other forms of homelessness. The Department’s data suggests that 72 per cent of the approximately 4,000 people sleeping rough assisted with temporary accommodation between April 2020 and April 2021 who exited left with an unknown housing outcome. The Department intends to conduct research in the future to better understand what happens to people who leave temporary accommodation without seeking further assistance.

The Department also has limited data to understand whether the enhanced temporary accommodation program was more effective in helping to connect participants with services and support them into stable accommodation, than previous approaches.

The Department extended an existing initiative for community housing providers to head lease properties in the private rental market and ensure support services for people who were sleeping rough before being assisted into enhanced temporary accommodation. As at April 2021, the Together Home program has assisted 400 people to obtain accommodation and supports for two years. However, the number of Together Home places is significantly less than what is required to provide housing for the more than 4,350 individuals who were sleeping rough prior to entering enhanced temporary accommodation.

The Department advises it is using a combination of ‘business‑as‑usual’ options to assist other people sleeping rough into stable accommodation where Together Home places are not available, including social and affordable housing and supported transitional accommodation. It also intends to secure longer‑term housing options for Together Home clients after the two‑year support ends. But it is not clear how it will overcome longstanding housing challenges to do so, given the complexity of needs amongst this client group, the limited availability of affordable rental properties and the existing scale of unmet need for social housing in New South Wales.

1. Key findings: the Homelessness Strategy

The Strategy's geographical and client reach is limited because it is building the evidence base on what works

The Department's objectives to intervene early, provide effective supports and create an integrated person‑centred system to address homelessness are clear, but are not being pursued state‑wide.

There were existing gaps in the available evidence which made it difficult for the Department to develop a holistic, state‑wide, long‑term solution to homelessness. Some of the actions under the Strategy have a degree of supporting evidence. Other actions are intended to generate evidence through pilots and by evaluating existing programs more robustly.

At least one Strategy action is available in each of the Department's 16 districts, and there are examples of the Department rolling out practice changes from Strategy pilots across the state. However, progress towards the Strategy aims is confined to pockets where actions are being trialled.

Once fully implemented, Strategy actions will be available in only a quarter of the state's 128 local government areas and will support approximately 8,200 people ‑ which equates to around 22 per cent of the number of people who were experiencing homelessness at the time of the last census in New South Wales in 2016 more than 37,000 people. This does not include the number of people at risk of homelessness.

A key gap in Strategy actions is addressing Aboriginal homelessness.

The Department received significantly less funding than sought and designed the Strategy to build the evidence base rather than eliminate homelessness

The Department could not meet the evidence threshold for a cost benefit analysis required by a Treasury business case, given the limited evidence available locally and internationally on what works to prevent homelessness or intervene earlier. The Department sought new, targeted investment to extend a small number of initiatives with proven effect, and to build the evidence base about other measures that work, rather than the quantum of funding required to end homelessness in New South Wales.

Even so, approved funding was significantly less than that sought by the Department. It repurposed existing resources, dropped some proposed actions and scaled others down to fit within the final funding envelope. It directed 95 per cent of the total Strategy funding to supports and accommodation for people at risk of or experiencing homelessness.

The Department intends to use the gathered data from implementation of the Strategy to expand effective prevention and early intervention measures after it concludes, subject to budget approval. It expects that, over time, these initiatives will reduce the demand for crisis services.

Actions may not be scaled up at the end of the Strategy's term, perpetuating the Strategy's limited reach and narrow impact on homelessness

The Department's approach of testing interventions and building the evidence base through the Strategy was well described and provided a clear rationale in its original advice to government. An evaluation framework has been designed to generate sufficient evidence on the overall Strategy and its individual actions for a cost benefit analysis to support a future budget bid.

The Department intends to use the findings from interim evaluation reports, due by September 2021, to determine the programs and pilots with promising evidence that should continue to the end of the Strategy term. It expects this to enable more qualitative and quantitative data to be available to the evaluations, as well as to support service continuity.

However, delays in delivery of some actions under the Strategy, and the time taken for outcomes to be achieved and show up in the data, will impact on the strength of the evidence available at the mid‑term and final Strategy evaluation points. This raises a risk that future funding for a comprehensive Strategy will not be secured ‑ and prevention and early intervention activities not continued or scaled up beyond pilot sites ‑ if the evidence on effectiveness is incomplete, mixed or unclear when the Strategy concludes.

Given its limited reach, even if the existing Strategy actions were retained, and no expansion occurred, it would continue to have a narrow impact on homelessness in New South Wales. This sits against a backdrop of increasing need for housing and homelessness supports in the state that may become more acute once the full economic impacts of the COVID‑19 pandemic are felt.

2. Key findings: the COVID‑19 response to homelessness

The Department effectively planned and implemented its homelessness response to the pandemic and reduced the risk of transmission of COVID‑19 for people sleeping rough

The Department's crisis response focused on people sleeping rough due to the public health risk of COVID‑19 transmission amongst this group.

The Department engaged with the specialist homelessness services sector from mid‑March 2020 to modify service delivery, advise on infection control and plan extra supports. It explored options with temporary accommodation providers to support self‑isolation for clients, and scaled up its assertive outreach patrols by staff, specialist caseworkers and health professionals to support people sleeping rough into crisis or temporary accommodation for safety.

The Minister directed the Department to address street homelessness in the COVID‑19 response using the Government’s second stage of stimulus funding. The Department procured hotel, motel or serviced apartment accommodation for 400 people who were sleeping rough, or unable to physically distance in large crisis accommodation centres, within a week of the ministerial direction, building on existing programs. The Department provided advice to the Minister on the need to adjust existing policy settings to meet the forecast demand for temporary accommodation services.

The Department secured additional temporary accommodation when and where it was required, to accommodate the number of people sleeping rough who wanted support. Between 1 April 2020 and 31 January 2021, the Department provided temporary accommodation to 32,158 individuals, of which 4,355 people were sleeping rough, totalling more than 70,000 nights of temporary accommodation and services.

The Department met regularly with NSW homelessness peak organisations and established a Taskforce involving other government agencies, peak organisations, and service providers, to assist in quickly executing the measure and resolving issues arising. The Taskforce built on existing collaborative arrangements in place to support cross‑sectoral coordination, enabling it to respond quickly to COVID‑19.

The Department worked with NSW Health and health providers to ensure its COVID‑19 response to homelessness was in line with health guidelines. As of May 2021, just one participant in the Department's enhanced temporary accommodation program had contracted COVID‑19.

The Department does not know how many people sleeping rough who were assisted with enhanced temporary accommodation have returned to homelessness

Within metropolitan Sydney, the Department established a specialist housing team, and contracted a non‑government provider, to connect people placed in hotels with support services, provide tailored support, and to assist and monitor their transition to longer‑term housing.

The Department’s data indicates that between May 2020 and 31 January 2021, over 1,800 people who had previously been sleeping rough had been engaged in this program, more than four times the expected client numbers. Almost half moved into further accommodation when they left the program, including people supported with longer‑term housing such as social housing, community leasing under the Together Home program, and private rental arrangements.

However, the Department did not track the housing outcomes for clients who were not provided with this support, or who disengaged from services. The Department advises that this would have required additional resourcing to do so.

The Department offers assistance to people in temporary accommodation to find longer term options, and has a policy to not knowingly exit someone from temporary accommodation into homelessness. However, it does not track housing outcomes for every client if they do not engage with the Department's housing or funded support services. It intends to conduct research in the future to better understand what happens to people who leave temporary accommodation without seeking further assistance from the Department.

The Department cannot identify precisely how many people sleeping rough who were assisted during COVID‑19 have returned to rough sleeping or other forms of homelessness. The Department’s data suggests that 72 per cent of the approximately 4,000 people formerly sleeping rough who left temporary accommodation between April 2020 and April 2021 left with an unknown housing outcome. This includes people who were not eligible for social housing, were stranded due to border closures, or who disengaged from the Department or funded support services.

The Department also has limited data to understand whether the enhanced temporary accommodation program was more effective in helping to connect participants with services and support them into stable accommodation, than previous approaches.

The Together Home program was established quickly to assist people into more permanent accommodation but will not meet demand as a standalone response

The Department established the Together Home program in September 2020 to provide longer‑term accommodation to people who were sleeping rough during the pandemic. Community housing providers head‑lease properties in the private rental market for two years and sub‑lease these to clients, while ensuring they receive additional support, such as health services, to help them maintain the lease.

Under the initial tranche of funding, the Together Home program aimed to support 400 people sleeping rough. This target was met by April 2021. Due to increased rental demand in many areas of the state, there were some delays in securing properties in certain areas. In addition, people on temporary visas, or with existing public housing debt, are ineligible for this program.

A further $29.0 million was provided to this program through the 2020–21 NSW Budget, creating 400 additional program places. However, the total number of 800 Together Home places will not be sufficient to provide housing for the more than 4,000 individuals who were sleeping rough prior to entering enhanced temporary accommodation.

The Department advises it is using a range of ‘business‑as‑usual’ options to assist other people sleeping rough into stable accommodation outside of the Together Home program. These options include social housing, supported transitional accommodation, subsidised private rental, boarding houses, and referral to mental health and substance addiction rehabilitation facilities.

The Department’s latest annual state‑wide street count suggested that the number of people sleeping rough across New South Wales decreased by 13 per cent between February 2020 and February 2021. The Department has acknowledged that it could do more to monitor and support the housing outcomes for people in temporary accommodation after they exit.

The Department has plans to secure longer‑term housing options for Together Home clients after the two‑year program, through commissioned community housing and private rental assistance. However, it is not clear how this will overcome existing housing challenges given the complexity of needs amongst this client group, the limited availability of affordable rental properties and the existing scale of unmet need for social housing.

3. Recommendations

By July 2022, the Department of Communities and Justice should:

  1. use data and analysis identified through the Homelessness Strategy 2018–2023 and provide advice to the NSW Government on sustainably addressing demand and unmet need for homelessness supports

  2. use the evidence obtained through the Homelessness Strategy 2018–2023 to commence development of a comprehensive strategy to address homelessness, linked to the government’s ten‑year plan for social housing and 20‑year housing strategy

  3. establish and sustain governance arrangements that enable input to key decisions on homelessness policy from partner agencies, the specialist homelessness services sector, the community housing sector, Aboriginal people and people with lived experience of homelessness

  4. in partnership with Aboriginal stakeholders and communities, design and implement a strategy for early identification and responses to the needs of Aboriginal people vulnerable to homelessness; and build the capacity and resourcing of the Aboriginal Community Controlled Sector to deliver homelessness services

  5. evaluate the homelessness response to COVID‑19 and integrate the lessons learned into future practice; and develop protocols to inform actions in future emergencies/disasters

  6. establish and sustain a means to regularly collect client outcomes data and feedback; and use this to drive improvements to responses to homelessness.

This chapter considers how effectively the NSW Homelessness Strategy was developed and is currently being implemented by the Department of Communities and Justice.

This chapter examines how effectively the Department of Communities and Justice addressed homelessness in its response to the COVID‑19 pandemic, and how well it is applying lessons learned from the pandemic to future policy and service development.

Appendix one – Response from agency

Appendix two – Actions within the NSW Homelessness Strategy 2018–23

Appendix three – Reported progress on Homelessness Strategy actions to date (unaudited)

Appendix four – Key homelessness data collections

Appendix five – Temporary accommodation for people sleeping rough standard practice vs COVID 19 response

Appendix six – Key measures in the COVID 19 response to homelessness

Appendix seven – About the audit

Appendix eight – Performance auditing

 

© Copyright reserved by the Audit Office of New South Wales. All rights reserved. No part of this publication may be reproduced without prior consent of the Audit Office of New South Wales. The Audit Office does not accept responsibility for loss or damage suffered by any person acting on or refraining from action as a result of any of this material.

Parliamentary reference - Report number #350 - released (4 June 2021).

Published

Actions for Internal Controls and Governance 2017

Internal Controls and Governance 2017

Finance
Education
Community Services
Health
Justice
Whole of Government
Asset valuation
Compliance
Cyber security
Information technology
Internal controls and governance
Project management
Risk

Agencies need to do more to address risks posed by information technology (IT).

Effective internal controls and governance systems help agencies to operate efficiently and effectively and comply with relevant laws, standards and policies. We assessed how well agencies are implementing these systems, and highlighted opportunities for improvement.
 

1. Overall trends

New and repeat findings

The number of reported financial and IT control deficiencies has fallen, but many previously reported findings remain unresolved.

High risk findings

Poor systems implementations contributed to the seven high risk internal control deficiencies that could affect agencies.

Common findings

Poor IT controls are the most commonly reported deficiency across agencies, followed by governance issues relating to cyber security, capital projects, continuous disclosure, shared services, ethics and risk management maturity.

2. Information Technology

IT security

Only two-thirds of agencies are complying with their own policies on IT security. Agencies need to tighten user access and password controls.

Cyber security

Agencies do not have a common view on what constitutes a cyber attack, which limits understanding the extent of the cyber security threat.

Other IT systems

Agencies can improve their disaster recovery plans and the change control processes they use when updating IT systems.

3. Asset Management

Capital investment

Agencies report delays delivering against the significant increase in their budgets for capital projects.

Capital projects

Agencies are underspending their capital budgets and some can improve capital project governance.

Asset disposals

Eleven per cent of agencies were required to sell their real property through Property NSW but didn’t. And eight per cent of agencies can improve their asset disposal processes.

4. Governance

Governance arrangements

Sixty-four per cent of agencies’ disclosure policies support communication of key performance information and prompt public reporting of significant issues.

Shared services

Fifty-nine per cent of agencies use shared services, yet 14 per cent do not have service level agreements in place and 20 per cent can strengthen the performance standards they set.

5. Ethics and Conduct

Ethical framework

Agencies can reinforce their ethical frameworks by updating code‑of‑conduct policies and publishing a Statement of Business Ethics.

Conflicts of interest

All agencies we reviewed have a code of conduct, but they can still improve the way they update and manage their codes to reduce the risk of fraud and unethical behaviour.

6. Risk Management 

Risk management maturity

All agencies have implemented risk management frameworks, but with varying levels of maturity.

Risk management elements

Many agencies can improve risk registers and strengthen their risk culture, particularly in the way that they report risks to their lead agency.

This report covers the findings and recommendations from our 2016–17 financial audits related to the internal controls and governance of the 39 largest agencies (refer to Appendix three) in the NSW public sector. These agencies represent about 95 per cent of total expenditure for all NSW agencies and were considered to be a large enough group to identify common issues and insights.

The findings in this report should not be used to draw conclusions on the effectiveness of individual agency control environments and governance arrangements. Specific financial reporting, controls and service delivery comments are included in the individual 2017 cluster financial audit reports tabled in Parliament from October to December 2017.

This new report offers strategic insight on the public sector as a whole

In previous years, we have commented on internal control and governance issues in the volumes we published on each ‘cluster’ or agency sector, generally between October and December. To add further value, we then commented more broadly about the issues identified for the public sector as a whole at the start of the following year.

This year, we have created this report dedicated to internal controls and governance. This will help Parliament to understand broad issues affecting the public sector, and help agencies to compare their own performance against that of their peers.

Without strong control measures and governance systems, agencies face increased risks in their financial management and service delivery. If they do not, for example, properly authorise payments or manage conflicts of interest, they are at greater risk of fraud. If they do not have strong information technology (IT) systems, sensitive and trusted information may be at risk of unauthorised access and misuse.

These problems can in turn reduce the efficiency of agency operations, increase their costs and reduce the quality of the services they deliver.

Our audits do not review every control or governance measure every year. We select a range of measures, and report on those that present the most significant risks that agencies should mitigate. This report divides these into the following six areas:

  1. Overall trends
  2. Information technology
  3. Asset management
  4. Governance
  5. Ethics and conduct
  6. Risk management.

Internal controls are processes, policies and procedures that help agencies to:

  • operate effectively and efficiently
  • produce reliable financial reports
  • comply with laws and regulations.

This chapter outlines the overall trends for agency controls and governance issues, including the number of findings, level of risk and the most common deficiencies we found across agencies. The rest of this volume then illustrates this year’s controls and governance findings in more detail.

Issues

Recommendations

1.1 New and repeat findings

The number of internal control deficiencies reduced over the past three years, but new higher-risk information technology (IT) control deficiencies were reported in 2016–17.

Deficiencies repeated from previous years still make up a sizeable proportion of all internal control deficiencies.

Recommendation

Agencies should focus on emerging IT risks, but also manage new IT risks, reduce existing IT control deficiencies, and address repeat internal control deficiencies on a more timely basis.

1.2 High risk findings

We found seven high risk internal control deficiencies, which might significantly affect agencies.

Recommendation

Agencies should rectify high risk internal control deficiencies as a priority

1.3 Common findings

The most common internal control deficiencies related to poor or absent IT controls.

We found some common governance deficiencies across multiple agencies.

Recommendation

Agencies should coordinate actions and resources to help rectify common IT control and governance deficiencies.

Information technology (IT) has become increasingly important for government agencies’ financial reporting and to deliver their services efficiently and effectively. Our audits reviewed whether agencies have effective controls in place over their IT systems. We found that IT security remains the source of many control weakness in agencies.

Issues Recommendations

2.1 IT security

User access administration

While 95 per cent of agencies have policies about user access, about two-thirds were compliant with these policies. Agencies can improve how they grant, change and end user access to their systems.

Recommendation

Agencies should strengthen user access administration to prevent inappropriate access to sensitive systems. Agencies should:

  • establish and enforce clear policies and procedures
  • review user access regularly
  • remove user access for terminated staff promptly
  • change user access for transferred staff promptly.

Privileged access

Sixty-eight per cent of agencies do not adequately manage who can access their information systems, and many do not sufficiently monitor or restrict privileged access.

Recommendation

Agencies should tighten privileged user access to protect their information systems and reduce the risks of data misuse and fraud. Agencies should ensure they:

  • only grant privileged access in line with the responsibilities of a position
  • review the level of access regularly
  • limit privileged access to necessary functions and data
  • monitor privileged user account activity on a regular basis.

Password controls

Forty-one per cent of agencies did not meet either their own standards or minimum standards for password controls.

Recommendation

Agencies should review and enforce password controls to strengthen security over sensitive systems. As a minimum, password parameters should include:

  • minimum password lengths and complexity requirements
  • limits on the number of failed log-in attempts
  • password history (such as the number of passwords remembered)
  • maximum and minimum password ages.

2.2 Cyber Security

Cyber security framework

Agencies do not have a common view on what constitutes a cyber attack, which limits understanding the extent of the cyber security threat.

Recommendation

The Department of Finance, Services and Innovation should revisit its existing framework to develop a shared cyber security terminology and strengthen the current reporting requirements for cyber incidents.

Cyber security strategies

While 82 per cent of agencies have dedicated resources to address cyber security, they can strengthen their strategies, expertise and staff awareness.

Recommendations

The Department of Finance, Services and Innovation should:

  • mandate minimum standards and require agencies to regularly assess and report on how well they mitigate cyber security risks against these standards
  • develop a framework that provides for cyber security training.

Agencies should ensure they adequately resource staff dedicated to cyber security.

2.3 Other IT systems

Change control processes

Some agencies need to improve change control processes to avoid unauthorised or inaccurate system changes.

Recommendation

Agencies should consistently perform user acceptance testing before system upgrades and changes. They should also properly approve and document changes to IT systems.

Disaster recovery planning

Agencies can do more to adequately assess critical business systems to enforce effective disaster recovery plans. This includes reviewing and testing their plans on a timely basis.

Recommendation

Agencies should complete business impact analyses to strengthen disaster recovery plans, then regularly test and update their plans.

Agency service delivery relies on developing and renewing infrastructure assets such as schools, hospitals, roads, or public housing. Agencies are currently investing significantly in new assets. Agencies need to manage the scale and volume of current capital projects in order to deliver new infrastructure on time, on budget and realise the intended benefits. We found agencies can improve how they:

  • manage their major capital projects
  • dispose of existing assets.
Issues Recommendations or conclusions

3.1 Capital investment

Capital asset investment ratios

Most agencies report high capital investment ratios, but one-third of agencies’ capital investment ratios are less than one.

Recommendation

Agencies with high capital asset investment ratios should ensure their project management and delivery functions have the capacity to deliver their current and forward work programs.

Volume of capital spending

Most agencies have significant forward spending commitments for capital projects. However, agencies’ actual capital expenditure has been below budget for the last three years.

Conclusion

The significant increase in capital budget underspends warrant investigation, particularly where this has resulted from slower than expected delivery of projects from previous years.

3.2 Capital projects

Major capital projects

Agencies’ major capital projects were underspent by 13 percent against their budgets.

Conclusion

The causes of agency budget underspends warrant investigation to ensure the NSW Government’s infrastructure commitment is delivered on time.

Capital project governance

Agencies do not consistently prepare business cases or use project steering committees to oversee major capital projects.

Conclusion

Agencies that have project management processes that include robust business cases and regular updates to their steering committees (or equivalent) are better able to provide those projects with strategic direction and oversight.

3.3. Asset disposals

Asset disposal procedures

Agencies need to strengthen their asset disposal procedures.

Recommendations

Agencies should have formal processes for disposing of surplus properties.

Agencies should use Property NSW to manage real property sales unless, as in the case for State owned corporations, they have been granted an exemption.

Governance refers to the high-level frameworks, processes and behaviours that help an organisation to achieve its objectives, comply with legal and other requirements, and meet a high standard of probity, accountability and transparency.

This chapter sets out the governance lighthouse model the Audit Office developed to help agencies reach best practice. It then focuses on two key areas: continuous disclosure and shared services arrangements. The following two chapters look at findings related to ethics and risk management.

Issues Recommendations or conclusions

4.1 Governance arrangements

Continuous disclosure

Continuous disclosure promotes improved performance and public trust and aides better decision-making. Continuous disclosure is only mandatory for NSW Government Businesses such as State owned corporations.

Conclusion

Some agencies promote transparency and accountability by publishing on their websites a continuous disclosure policy that provides for, and encourages:

  • regular public disclosure of key performance information
  • disclosure of both positive and negative information
  • prompt reporting of significant issues.

4.2 Shared services

Service level agreements

Some agencies do not have service level agreements for their shared service arrangements.

Many of the agreements that do exist do not adequately specify controls, performance or reporting requirements. This reduces the effectiveness of shared services arrangements.

Conclusion

Agencies are better able to manage the quality and timeliness of shared service arrangements where they have a service level agreement in place. Ideally, the terms of service should be agreed before services are transferred to the service provider and:

  • specify the controls a provider must maintain
  • specify key performance targets
  • include penalties for non-compliance.

Shared service performance

Some agencies do not set performance standards for their shared service providers or regularly review performance results.

Conclusion

Agencies can achieve better results from shared service arrangements when they regularly monitor the performance of shared service providers using key measures for the benefits realised, costs saved and quality of services received.

Before agencies extend or renegotiate a contract, they should comprehensively assess the services received and test the market to maximise value for money.

All government sector employees must demonstrate the highest levels of ethical conduct, in line with standards set by The Code of Ethics and Conduct for NSW government sector employees.

This chapter looks at how well agencies are managing these requirements, and where they can improve their policies and processes.

We found that agencies mostly have the appropriate codes, frameworks and policies in place. But we have highlighted opportunities to improve the way they manage those systems to reduce the risks of unethical conduct.

Issues Recommendations or conclusions

5.1 Ethical framework

Code of conduct

All agencies we reviewed have a code of conduct, but they can still improve the way they update and manage their codes to reduce the risk of fraud and unethical behaviour.

Recommendation

Agencies should regularly review their code-of-conduct policies and ensure they keep their codes of conduct up-to-date.

Statement of business ethics

Most agencies maintain an ethical framework, but some can enhance their related processes, particularly when dealing with external clients, customers, suppliers and contractors.

Conclusion

Agencies can enhance their ethical frameworks by publishing a Statement of Business Ethics, which communicates their values and culture.

5.2 Potential conflicts of interest

Conflicts of interest

All agencies have a conflicts-of-interest policy, but most can improve how they identify, manage and avoid conflicts of interest.

Recommendation

Agencies should improve the way they manage conflicts of interest, particularly by:

  • requiring senior executives to make a conflict-of-interest declaration at least annually
  • implementing processes to identify and address outstanding declarations
  • providing annual training to staff
  • maintaining current registers of conflicts of interest.

Gifts and benefits

While all agencies already have a formal gifts-and-benefits policy, we found gaps in the management of gifts and benefits by some that increase the risk of unethical conduct.

Recommendation

Agencies should improve the way they manage gifts and benefits by promptly updating registers and providing annual training to staff.

Risk management is an integral part of effective corporate governance. It helps agencies to identify, assess and prioritise the risks they face and in turn minimise, monitor and control the impact of unforeseen events. It also means agencies can respond to opportunities that may emerge and improve their services and activities.

This year we looked at the overall maturity of the risk management frameworks that agencies use, along with two important risk management elements: risk culture and risk registers.

Issues Recommendations or conclusions

6.1 Risk management maturity

All agencies have implemented risk management frameworks, but with varying levels of maturity in their application.

Agencies’ averaged a score of 3.1 out of five across five critical assessment criteria for risk management. While strategy and governance fared best, the areas that most need to improve are risk culture, and systems and intelligence.

Conclusion

Agencies have introduced risk management frameworks and practices as required by the Treasury’s:

  • 'Risk Management Toolkit for the NSW Public Sector'
  • 'Internal Audit and Risk Management Policy for the NSW Public Sector'.

However, more can be done to progress risk management maturity and embed risk management in agency culture.

6.2 Risk management elements

Risk culture

Most agencies have started to embed risk management into the culture of their organisation. But only some have successfully done so, and most agencies can improve their risk culture.

 

 

Conclusion

Agencies can improve their risk culture by:

  • setting an appropriate tone from the top
  • training all staff in effective risk management
  • ensuring desired risk behaviours and culture are supported, monitored, and reinforced through business plans, or the equivalent and employees' performance assessments.

Risk registers and reporting

Some agencies do not report their significant risks to their lead agency, which may impair the way resources are allocated in their cluster. Some agencies do not integrate risk registers at a divisional and whole-of-enterprise level.

Conclusion

Agencies not reporting significant risks at the cluster level increases the likelihood that significant risks are not being mitigated appropriately.

Effective risk management can improve agency decision-making, protect reputations and lead to significant efficiencies and cost savings. By embedding risk management directly into their operations, agencies can also derive extra value for their activities and services.

Published

Actions for Central Agencies 2017

Central Agencies 2017

Finance
Premier and Cabinet
Asset valuation
Compliance
Financial reporting
Fraud
Information technology
Internal controls and governance
Project management

This report highlights the results of the financial audits of NSW Government central agencies. The report focuses on key observations and findings from the most recent financial statement audits of agencies in the Treasury, Premier and Cabinet, and Finance, Services and Innovation clusters.

The report includes a range of findings in respect to service delivery. One repeat finding is that while the Government regularly reports on the 12 Premier's priorities, there is no comprehensive reporting on the 18 State priorities. 

1. Financial reporting and controls

Audit Opinions Unqualified audit opinions were issued for all agencies' 30 June 2017 financial statements.
Early close Early close procedures continue to facilitate the timely preparation of financial statements and completion of audits, but agencies can make further improvement.
Deficient user administration access User access administration over financial systems remains an area of weakness. Agencies need to strengthen user access administration to critical systems.
Transitioning to outsourced service providers Transitioning of services to outsourced service providers can be improved. Outsourcing services can lead to better outcomes, which may include lower transaction costs and improved services, but it also introduces new risks.

2. Service delivery

Premier and State Priorities   A comprehensive report of performance against the 18 State Priorities is yet to be published. While some measures are publicly reported through agency annual reports or other sources, a comprehensive report of performance against the 18 State Priorities would ensure all State Priorities are publicly reported, provide a single and easily accessible source of reference and improve transparency.
ICT and digital government The Digital Government Strategy was released in May 2017. Targets will need to be set to assess and monitor progress against the Strategy.
Digital information security Not all agencies are complying with the NSW Government's information security policy. This increases the risk of noncompliance with legislation, information security breaches and difficulty restoring data or maintaining business continuity in the event of a disaster or disruption.
Property and asset utilisation Property NSW's performance reporting would be enhanced by developing and reporting on customer satisfaction, reporting against set targets and benchmarking cost of service to the private sector.

3. Government financial services

Prudential oversight
of NSW Government superannuation
funds  
Prudential oversight of SAS Trustee Corporation Pooled Fund and Parliamentary Contributory Superannuation Fund has not been prescribed. Structured and comprehensive prudential oversight of these funds remains important as they operate in a specialised, complex and continuously changing investment market sector, have over 106,000 members and manage investments in excess of $42.4 billion.
Green slip scheme affordability Currently, Green Slips in NSW are the most expensive in Australia. However, CTP reforms are expected to reduce the cost of Green Slips.

This report sets out the results of the 30 June 2017 financial statement audits of NSW Government's central agencies and their cluster agencies.

Central agencies play a key role in ensuring policy coordination, good administrative and people management practices and prudent fiscal management. The central agencies and their key responsibilities are set out below.

Confidence in public sector decision‑making and transparency is enhanced when financial reporting is accurate and timely. Appropriate financial controls help ensure the efficient and effective use of resources and administration of agency policies. This chapter outlines our audit observations, conclusions or recommendations related to financial reporting and controls of agencies for 2016–17.

Observation Conclusion or recommendation
2.1 Quality of financial reporting
Unqualified audit opinions were issued for all agency financial statements. The quality of financial reporting continues to remain strong across the clusters.
2.2 Timeliness of financial reporting
Most agencies complied with the statutory timeframes for completion of early close procedures and preparation and audit of financial statements. Early close procedures continue to facilitate the timely preparation of financial statements and completion of audits, but agencies can make further improvement.
2.3 Financial performance and sustainability
We assessed the performance of agencies listed in Appendix six against some key financial sustainability indicators. This highlighted two agencies with negative operating margins of more than ten per cent and one agency with a liquidity ratio of less than 0.5. These agencies have strategies in place to remain financially sustainability and manage their liquidity. Our analysis found that, overall, the agencies are not at high risk of sustainability concerns.
2.4 Internal Controls

User access administration over financial systems remains an area of weakness. Sixteen moderate risk and ten low risk issues related to user access administration across eight agencies were identified. 

Recommendation: Agencies should review user access administration to critical systems to ensure:

  • policies for user access creation, modification and deactivation are documented
  • approval is being obtained to establish, modify or delete user accounts
  • regular user access reviews are performed and highly privileged user account activity is logged and monitored
  • evidence of review is maintained.

Transitioning of services to outsourced service providers can be improved. Our 2016–17 audits identified one high risk issue relating to Property NSW's outsourcing of property and facility management services to the private sector.

While a high risk issue was identified in 2015–16 from the Department of Finance, Services and Innovation's outsourcing of transactional and information technology services to GovConnect there has been an improvement in GovConnect's internal control environment throughout
2016–17.

Outsourcing services can lead to better outcomes, which may include lower transaction costs and improved services, but it also introduces new risks. The transition needs to be carefully managed and requires thorough planning and effective project governance. This should be supported by oversight and direction from senior management and independent project assurance.
2.5 Human Resources    
The percentage of full‑time equivalent staff with annual leave greater than 30 days in the Finance, Services and Innovation, Premier and Cabinet and the Treasury clusters is 7.9 per cent, 17.1 per cent and 18.4 per cent respectively. Agencies have strategies in place to reduce annual leave balances that are greater than 30 days. The effectiveness of these strategies will need to be monitored to ensure they are helping to achieve the desired outcome.

This chapter outlines our audit observations, conclusions and recommendations relating to service delivery for 2016–17. 

Observation Conclusion or recommendation
3.1 Premier and State priorities

The Department of Premier and Cabinet monitors the achievement of targets and the implementation of initiatives to deliver the 12 Premier’s Priorities.

Responsible ministers and agencies manage the 18 State Priorities. A comprehensive report of performance against the 18 State Priorities is yet to be published.

While some measures are publicly reported through agency annual reports or other sources, a comprehensive report of performance against the 18 State Priorities would ensure all State Priorities are publicly reported, provide a single and easily accessible source of reference and improve transparency.
Where possible, independent sources are used to measure performance, however without independent assurance there is an increased risk that the target measures are inaccurate, not relevant or do not fairly represent actual performance.

Performance against the State Priority to make NSW the easiest state to start a business is not currently published.

A key aspect of making NSW the easiest state to start a business is making regulatory obligations easier to understand and implement.

Initiatives, such as easy to do business and red tape reduction are in place to help achieve this priority.

The regulatory policy framework is under review following an October 2016 performance audit on ‘Red tape reduction’ that found the regulatory burden of legislation had increased.
3.2 Financial management
Revenue NSW earned record crown revenue of $30.0 billion in 2016–17 to support the state's finances. Record crown revenue has been driven by the sustained increase in duties revenue, which has increased by 93.7 per cent over the last five years. This is a consequence of the continued strength in the property market over this time and large one off NSW Government business asset sales and leases.
3.3 ICT and digital government
The Digital Government Strategy (the Strategy) was released in May 2017 to build on reforms set out in previous ICT strategies. The Strategy’s priorities and enablers aim to support digital innovation. Targets and measures will need to be set to assess and monitor progress against the Strategy.
The Digital Information Security Policy (DISP) is a key tool that helps ensure a minimum set of information security controls are implemented across NSW Government agencies.

A review of 2016 annual reports found 15 agencies (13 in 2015) did not attest to compliance with the DISP and of the agencies that attested to compliance, 34 reported issues associated with their compliance.

The Strategy’s priorities and enablers aim to support digital innovation. Targets and measures will need to be set to assess and monitor progress against the Strategy.

Failure to comply with the DISP increases the risk of noncompliance with legislation, information security breaches and difficulty restoring data or maintaining business continuity in the event of a disaster or disruption.

3.4 Property and asset utilisation

Property NSW's performance reporting could be
improved. M2012-20 'Government Property NSW
and Government Property Principles' required
Property NSW to set key performance indicators
to measure property and asset utilisation
performance.
 

Property NSW's performance reporting would be enhanced by developing and reporting on customer satisfaction, reporting against set targets and benchmarking cost of service to the private sector.

This chapter outlines our audit observations, conclusions and recommendations specific to NSW Government agencies providing financial services.

Observation Conclusion or recommendation
4.1 Key issues

The SAS Trustee Corporation (STC) Pooled Fund and the Parliamentary Contributory Superannuation (PCS) Fund are not required to comply with the prudential and reporting standards issued by the Australian Prudential Regulation Authority (APRA). Amendments to relevant legislation allows the Minister for Finance, Services and Property to prescribe applicable prudential standards and audit requirements.

Structured and comprehensive prudential oversight of these funds remains important as they operate in a specialised, complex and continuously changing investment market sector, have over 106,000 members and manage investments of more than $42.4 billion.

Recommendation: The Treasury should liaise with
the respective Trustees to implement appropriate
prudential standards and oversight arrangements for
the exempt public sector superannuation funds.

Currently, Green Slips in NSW are the most expensive in Australia. Average premiums for Sydney Metropolitan vehicles increased by 10.4 per cent between 1 January 2016 and 31 December 2016.

CTP reforms are expected to reduce the cost of Green Slips. The State Insurance Regulatory Authority will need to ensure it has appropriate processes in place to track and report against the expected benefits.
4.2 Financial performance and sustainability
Net unfunded superannuation liabilities were $15.0 billion at 30 June 2017.

Under the Fiscal Responsibility Act 2012, the NSW Government’s target is to eliminate unfunded superannuation liabilities by 2030.
The superannuation funds’ strategic asset allocation and investment strategies are monitored and adjusted to help achieve a fully funded position by 2030.
The Home Warranty Scheme commenced in 2011. Over this time total premiums collected have not been sufficient to cover expected claim costs. Funding arrangements introduced during 2016–17 allow the Home Building Compensation Fund to apply to the Crown for reimbursement of unfunded realised losses from under-pricing of premiums.

Other reforms are planned to address the long term sustainability of the home building compensation scheme.
4.3 Investment performance
The NSW Government’s main superannuation funds have maintained the management expense ratio (MER) at consistent levels over the past two years. The Parliamentary Contributory Superannuation (PCS) Fund does not set an MER target. MER is an industry recognised ratio to measure the performance of funds and investment managers.

Recommendation: The Fund Secretary for the PCS Fund, in conjunction with the Trustee, should consider establishing an appropriate management expense ratio target to measure performance.

Published

Actions for 2016 - An overview

2016 - An overview

Education
Community Services
Finance
Health
Industry
Justice
Local Government
Planning
Premier and Cabinet
Transport
Treasury
Universities
Whole of Government
Environment
Asset valuation
Compliance
Cyber security
Financial reporting
Fraud
Information technology
Infrastructure
Internal controls and governance
Management and administration
Procurement
Project management
Regulation
Risk
Service delivery
Shared services and collaboration
Workforce and capability

This report focuses on key observations and findings from 2016 audits and highlights key areas of focus for financial and performance audits in 2017.

The quality and timeliness of financial reporting continued to improve across the NSW public sector in 2016. Only one qualified audit opinion was issued and most agencies signed their financial statements on time.

We found the Government’s cluster governance arrangements were unclear and inconsistently implemented across the sector in 2016. Clearer arrangements would improve cooperation and coordination amongst cluster agencies and help deliver government priorities that cut across agencies.

This report focuses on key observations and common issues identified from our financial, performance and compliance audits in 2016, and identifies examples of good practice. It also looks forward to where we will focus our efforts in 2017.

We have summarised our observations and findings for 2016 in four chapters:

  • Financial Performance and Reporting
  • Financial Controls
  • Governance
  • Service Delivery.

Key observations and common issues identified across several agencies will often apply more broadly across the NSW public sector. For this reason, we hope this report is a useful tool for agency management and Audit and Risk Committees to assess our observations and common issues and consider the impact on their agencies. The report provides links to other reports and refers to other useful reference material.

Our financial audits provide independent opinions on NSW agencies’ financial statements. They consider whether agencies have complied with accounting standards, relevant laws, regulations and government directions. They also identify and report internal control weaknesses and matters of governance interest, and make recommendations to address deficiencies.

Our performance and compliance audits build on the financial audits by reviewing and concluding on whether taxpayers’ money is being spent efficiently, effectively, economically and in accordance with the law.

Financial Reporting
Financial Reporting The quality and timeliness of financial reporting
continued to improve across the NSW public sector.
NSW Treasury’s early close procedures helped
facilitate this.
Financial Controls
Internal Controls More needs to be done to implement audit
recommendations on a timely basis.
Information Technology Agencies continue to face challenges in managing information security.
Internal controls at shared service providers Clients of ServiceFirst and GovConnect were unable to rely on the service providers’ internal controls increasing the risks of fraud, error and inappropriate access to data.
Governance
Cluster governance Cluster governance arrangements that support cluster accountability, performance monitoring, risk and compliance management are unclear.
Management oversight We identified deficiencies in the oversight and management of Crown Land, specifically sale and lease transactions.
Project governance Project cost and time overruns continue to occur.
Service Delivery
Premiers and State Priorities

According to agency data, which we have not audited, some Premier's and State Priorities are at risk of not being achieved.

A comprehensive report of performance against the State Priorities is not published.

Delivering Government Services The NSW Government's program evaluation initiative has been largely ineffective. We found government decision makers are not always receiving enough information to make evidence based decisions.
Reporting on Performance We found agencies’ performance was not routinely measured, evaluated or publicly reported.

Financial performance and reporting

The quality and timeliness of financial reporting continues to improve

Only one qualified opinion was issued on the 2015–16 financial statements of NSW public sector agencies, compared to two in 2014–15. The audit opinion for the Office of the NSW State Emergency Service was qualified because effective controls over fundraising activities did not operate for the entire year.

Since NSW Treasury introduced its ‘early close procedures’ initiative in 2011–12, the number of reported misstatements and significant matters have fallen considerably across the NSW public sector. The number of misstatements has fallen from 1,077 in 2011–12 to 298 in  2015–16.

Most agencies submitted and signed their financial statements on time, which enabled more audits to be completed within three months of year end. In 2015–16, 204 of 286 agencies’ financial statements and audit opinions were signed within three months of the year end, compared to only 67 in 2010–11.  

NSW Treasury has narrowed the scope of mandatory early close procedures 

NSW Treasury’s early close procedures in 2015–16 were again successful in improving the quality and timeliness of financial reporting, largely facilitated by the early resolution of accounting issues. For 2016–17, NSW Treasury has narrowed the scope of mandatory early close procedures, which may diminish the good performance achieved in recent years.   

To mitigate this risk, NSW Treasury has mandated that agencies perform non-financial asset valuations and prepare proforma financial statements in their early close procedures. It also encourages them to continue with the good practices embedded in recent years. These include:

  • resolving all past audit issues
  • performing key account reconciliations
  • agreeing and confirming inter and intra (cluster) agency balances and transactions
  • identifying material, complex and one-off transactions
  • preparing quality workpapers to support balances with variance analysis and meaningful explanations for movements
  • adequate review by management and Audit and Risk Committees.

Financial controls

More needs to be done to implement audit recommendations

More needs to be done to implement audit recommendations on a timely basis. Internal control issues were identified in previous audits, but had not been adequately addressed. Delays in implementing audit recommendations can impact the quality of financial information and the effectiveness of decision making. Agencies need to ensure they have action plans, timeframes and assigned responsibilities to address recommendations in a timely manner.

Agencies continue to face challenges managing information security

Our financial audits identified opportunities to improve IT control environments, with most information technology issues relating to information security. We also found service level arrangements with IT service providers did not always adequately address information security risks.

Agencies should ensure information security controls and contractual arrangements with IT service providers adequately protect their data.

Internal controls at GovConnect were ineffective in 2015–16

GovConnect provides information technology and transactional services to agencies within the NSW Public Sector. Service levels fell during the transition of shared services from ServiceFirst to GovConnect and NSW public sector agencies using these services were unable to rely on controls over financial transactions and information. We found mitigating actions taken to manage transition risks from ServiceFirst to GovConnect did not ensure effective control over client transactions and data. This increased the risk of fraud and error, and inappropriate access to information.

Governance

Cluster governance arrangements are unclear

Currently, cluster governance arrangements are unclear and inconsistently implemented across the NSW public sector. Implementing cluster governance frameworks is complex because clusters bring together entities with different enabling legislation, organisational and legal structures, information systems and processes, risk profiles and governance frameworks.  

Clear cluster governance arrangements would improve cooperation and coordination amongst cluster agencies, help deliver government priorities that cut across agencies and improve service delivery outcomes.  

We recommended the Department of Premier and Cabinet release a revised NSW Public Sector Governance Framework that clearly articulates cluster governance arrangements, the role of the cluster Secretary, Chief Finance Officer, Chief Information Officer and Chief Risk Officer. The Department of Premier and Cabinet has indicated the framework will be updated to provide guidance on cluster governance, and how accountability and performance information are monitored and reported.  

The sale and lease of Crown land is not being managed effectively

Our 2016 performance audit found limited oversight of sales and leases of Crown land by the Department of Industry - Lands. The Department has only just started monitoring whether tenants are complying with lease conditions, and does not have a clear view of what is happening on most leased Crown land.  

Most guidance to staff had not been updated for a decade, contributing to staff sometimes incorrectly implementing policies on rental rebates, unpaid rent, rent redeterminations and the direct negotiation of sales and leases on Crown land. Between 2012 and 2015, 97 per cent of leases and 50 per cent of sales were negotiated directly between the Department and individuals, without a public expression of interest process.  

Project cost and time overruns continue to occur

Our audits continue to highlight project management, cost and time issues. The Government’s 2016–17 Infrastructure Statement forecasts a $73.3 billion investment program to 2019–20. Good governance of individual projects is critical to ensure the investment program delivers the intended outcomes to the desired quality, on time and on budget.   

A strong risk culture is fundamental to successful risk management

Our assessment of a sample of 33 agencies found that while agencies have risk management governance structures in place, they need to focus on developing stronger risk cultures and fit-for-purpose systems to capture risks and incidents.

Agencies are not fully complying with the GIPA Act

Our review of 13 agencies from across each cluster found varying degrees of non-compliance with recording and disclosure aspects of the GIPA Act by each agency. Our 2016 Special Report 'Compliance with the GIPA Act' details our findings and makes recommendations to help agencies comply with the requirements of the Act.

Service delivery

Some Premier's and State Priorities at risk of not being achieved

Agency data, which we have not audited, indicates some Premier's and State Priorities are at risk of not being achieved. We found that although performance reporting against the Premier’s Priorities is publicly reported, comprehensive performance reporting against the 18 State Priorities is not.  

We will continue to report on performance against the targets to assess whether agency initiatives are delivering intended outcomes.

Government does not always get enough information for evidence-based decisions 

The NSW Government’s program evaluation initiative has been largely ineffective. A performance audit looked at the Justice, Industry, Skills and Regional Development, Planning and Environment, Premier and Cabinet and Treasury clusters and made recommendations for improvements to program evaluation.

Performance is not always measured, evaluated or publicly reported

Inadequate performance measures and reporting that is primarily internal reduces the transparency of agency performance and makes it hard for the public to assess if the agencies are doing a good job. Our audits found instances where performance outcomes were not being measured, evaluated or publicly reported.  

Agencies need to consider whether their performance measurement frameworks adequately measure performance and outcomes so they can make evidence-based decisions and be publicly accountable.

Commissioning and contestability continues to increase

New ways of delivering services across NSW Government are being developed and implemented, including commissioning and contestability arrangements. Commissioning services and introducing new systems can be challenging and it is important for this to be managed well. The learnings from decommissioning ServiceFirst and commissioning GovConnect should be applied to future commissioning arrangements.

NSW Treasury has developed a 'Government Commissioning and Contestability Policy', which is supported by the 'NSW Government Commissioning and Contestability Practice Guide'.

In 2017, we will build on our 2016 financial audits and continue to report our observations and findings as they relate to financial performance and reporting, financial controls, governance and service delivery. We also plan to review agencies' compliance with government travel policies at key agencies in each cluster.

In 2017, we will restructure our financial audit volumes to report our observations and findings on agencies’ financial controls and governance in one cross-sector report to Parliament in September. This will provide the Parliament with more timely reporting on these aspects of our audits. Our observations and findings on agencies’ financial performance and reporting, and service delivery will continue to be reported on a cluster by cluster basis through November and early December.

Our 2017 performance audits will have regard to what we see as key risks and opportunities for the NSW Government, and the Premier's and State Priorities. The program will aim to cover each NSW Government cluster, and focus on how efficiently, effectively and economically they deliver services and other outcomes.

Legislative reforms in the Local Government Amendment (Governance and Planning) Act 2016 have extended the Auditor-General's mandate to the Local Government sector. The expanded mandate includes auditing all NSW local council financial statements and conducting performance audits across the local government sector. The reforms generally bring NSW in line with most other Australian States.

We will report financial audit outcomes and our observations after the 30 June 2017 council audits are completed. Most are expected to complete by the end of October 2017. Our 2017 performance audits will examine and report on whether councils are operating efficiently, effectively, economically and in accordance with the law. In 2017–18, our performance audits will consider how councils are reporting on service delivery, managing shared services and the risk of fraud.

2017 – Issues, risks and opportunities impacting the NSW Government

Our 2017 audits will consider some of the following issues, risks and opportunities impacting the NSW Government.

In mid-2017, we will publish our rolling three-year performance audit program. This will include the performance audits we expect to perform in 2017–18 and the next two financial years. The program can be located at http://www.audit.nsw.gov.au/audit-program

Area of focus  Considerations Audit Office response
Ensuring services meet citizen needs The primary role of state and local government is to provide services to citizens. Today's society is less satisfied with one-size-fits-all services and its citizens want to have a say on the services they need and how they are delivered. This challenges governments to improve engagement with citizens, design services with them and support them in selecting the services that best meet their needs. At the same time, governments have to provide the services within constrained financial environments, and cater for ageing populations and strong population growth, particularly in metropolitan areas.

We will:

  • focus our work on services that are important to citizens
  • keep abreast of best practice and strategies used elsewhere to create more citizen centric services
  • develop our understanding of the key trends putting pressure on government service delivery
  • seek opportunities to engage with citizens in undertaking our work.
Leveraging digital opportunities We live in a digital world, and government is no exception. Digital technologies and the mass of data now available to governments presents opportunities to deliver better services more efficiently and economically. Services can be delivered through digital channels, and data analytics can inform demand, the supply of services and identify potential efficiencies. These opportunities come with risks, including cyber-attacks and privacy breaches.

We will:

  • examine how well state agencies and councils are taking advantage of digital opportunities and managing risks
  • use data analytics to enhance the quality of our audit work
  • use technology to improve how we communicate our key messages.
Having good checks and balances Citizens put faith in government agencies to make decisions in their best interests. It is imperative for government agencies to be clear about what they are trying to achieve and inform citizens on how they are meeting these objectives. While ethics, transparency, and effective governance and stewardship are critical, it is important for the checks and balances not to be so directive or cumbersome they hamper innovation, efficiency and agility.

We will consider the usual issues in our financial audits of agencies and councils. New areas and areas of focus will include:

  • asset management processes,including quality and timeliness of asset valuations and the management of surplus land and property assets
  • oversight and administration of significant grant programs
  • standby assets, the cost to maintain them and their readiness for use
  • benefits realisation for major projects and programs
  • the financial and administrative impact of machinery of government changes
  • engaging with state agencies and councils through workshops and seminars to promote good practices
  • examining governance and internal controls
  • publishing better practice guidance and promoting our Governance Lighthouse.
Getting value from commissioning

Governments, including the NSW Government, are increasingly outsourcing to or partnering with private and non-government organisations to deliver government services. Because outsourced service providers are not directly accountable to the NSW Parliament for their use of public resources, independent assurance that they are using tax payers’ funds efficiently and effectively would improve accountability. In other jurisdictions Auditors-General have been given powers to ‘go beyond’ the boundaries of agencies commissioning services and into the entities providing the services (‘follow the dollar’ powers). This is not the case in New South Wales.

Commissioning brings with it new challenges needing different skills, such as developing and nurturing markets, and transitioning services into and out of government. The NSW Government's recently released Commissioning and Contestability Policy supports agencies entering into commissioning arrangements.

We will:

  • audit agency and council commissioning arrangements and assess whether they are delivering the intended outcomes
  • assess the capability of agencies entering into commissioning arrangements to manage them effectively.
  • report the impact of not being able to provide assurance on the use of taxpayers’ dollars by non-government organisations
  • identify and communicate lessons identified in our audits
  • apply commissioning to our own activities.
Breaking down the silos Government agencies working in silos can diminish service quality through inefficient duplication and overlap. Silos also increase the risk of people falling through the cracks. To achieve best value, silos can be broken down through a clear focus on outcomes and better collaboration, coordination, partnerships, shared services and joined-up government. This has been recognised for many years, but now with both the commitment and tools, inroads can be made to improve citizens' experiences. Governance arrangements, incentives and culture are critical to success.

We will:

  • focus our efforts on areas where there are opportunities to break down silos
  • identify barriers and enablers to joined-up-government, partnerships and collaboration
  • promote good practice and publicise the benefits, both potential and realised
  • work collaboratively and constructively with those we audit
  • partner with and learn from private sector organisations we engage to provide audit services on our behalf.
Looking after future generations and the vulnerable Governments need to plan for the long-term and consider future generations. They have an important stewardship role. Their decisions need to ensure inter-generational equity and prevent environmental degradation.
A core role of government is to look after the vulnerable. Governments intervene in various ways to provide a social safety net. When they do so, it is critical that these interventions are equitable and deliver desired outcomes at a reasonable cost. Increasingly, it is about giving vulnerable people a bigger say in the services they receive.

We will:

  • review the efficacy of projections upon which services are planned
  • adopt a future focus in our work to identify emerging risks and encourage action before they materialise
  • examine the effectiveness and efficiency of interventions designed to address disadvantage and improve equity
  • identify emerging trends and good practice in designing and delivering services to the vulnerable.
A capable and diverse public sector The public sector's lifeblood is its workforce. The effectiveness and efficiency of organisations comes directly from the good ideas, effort, commitment and ethics of the people they employ. Workforce management and succession planning, constructive and respected leaders, and diverse backgrounds and thoughts can enhance agency and council performance and customers' experiences. These attributes require good frameworks to develop key capabilities, manage staff performance and clarify responsibilities and accountabilities.

We will:

  • monitor progress in delivering the NSW Government’s priority to have a diverse workforce
  • examine strategies and programs designed to enhance key capabilities in councils and agencies
  • identify areas where capability and diversity are lagging or are at risk,and offer practical improvement opportunities
  • promote diversity in our own organisation through our diversity and inclusion plan, which includes strategies to increase female representation at all levels and participation in an Aboriginal internship program.
Investing in infrastructure to meet the needs of a growing population

The Government’s 2016–17 Infrastructure Statement forecasts a $73.3 billion investment program to 2019–20. Infrastructure investments of this magnitude carry significant risks. In light of weaknesses we identified in the past with the management of significant infrastructure projects, the Government needs to ensure it has the capability to manage project risks effectively.

Governments also need to make sure infrastructure built today will meet future needs without creating an ongoing burden for future generations.

We will:

  • review infrastructure planning and approval processes
  • examine alternative financing and partnership models, including philanthropic and private sector involvement through vehicles such as social benefit bonds
  • assess risk frameworks and project governance arrangements
  • monitor maintenance spending and asset management practices
  • identify and promote good practice and innovation.
Improving performance through transparency and accountability

NSW Treasury is implementing its Financial Management Transformation (FMT) program to replace ‘service group’ budgeting and reporting with program based budgeting and reporting. A project of this scale and complexity has many risks, which need to be carefully managed if the desired benefits are to be realised.

The NSW Government's move to program budgeting and performance measurement will require appropriate key performance measures and indicators to track whether the programs are delivering the intended outcomes.

Independent assurance over the appropriateness and accuracy of agency key performance measures and indicators would improve confidence in the reliability of the NSW Government performance data.

We will:

  • review and assess the implementation and report on the impact of NSW Treasury's Financial Management Transformation program
  • encourage transparency in reporting,and be transparent in our own practices, performance and reporting.
Preparing for changes to Australian Accounting Standards

For the first time, not-for-profit entities in the NSW public sector need to make disclosures about related parties in their 2017 financial statements. Identifying who the related parties are, and collecting and collating relevant information will be challenging.

Other imminent changes to accounting standards have significant financial reporting implications for Government entities. Entities will need to plan and implement changes to systems and processes well in advance of the new requirements becoming effective.

We will:

  • review and assess policies, systems and processes entities use to identify related parties and transactions, and the completeness and accuracy of the disclosures in the financial statements of agencies and councils
  • work with NSW Treasury, the Office of Local Government, agencies and councils to determine the implications of the accounting standard changes and assess entities’ preparedness to implement them
  • work with the Office of Local Government to streamline the Code of Accounting Practice.
Working together with local councils Legislative reforms have resulted in significant changes to the Local Government sector. These include merging certain councils and extending the Auditor-General's mandate to audit all NSW local council financial statements and conduct performance audits across the Local Government sector.

We will:

  • use our mandate to encourage consistency and promote learnings that enhance financial management,fiscal responsibility and public accountability across the local government sector
  • use findings from our financial audits to inform our performance audit program
  • work alongside councils and their audit committees as they implement changes to governance structures and business planning processes
  • build our internal capacity, capability and knowledge of the Local Government sector to deliver a valuable and cost-effective service.

Financial performance and reporting are important elements of good governance. Confidence in public sector decision making and transparency is enhanced when financial and performance reporting are accurate and timely.  

The preparation of accurate and timely financial statements by agencies is an important tool to ensure accountability and transparency in the use of public resources. As the NSW Government moves to program budgeting with a greater focus on performance and outcomes it will need to ensure the key performance indicators and data used to measure the outcomes are relevant, accurate and reliable. The NSW Government’s Financial Management Transformation (FMT) program aims to address this.

In 2015–16, our audit teams made the following key observations on the financial reporting of NSW public sector agencies.

 

Financial reporting
Observation Conclusion
Only one qualified audit opinion was issued on the 2015–16 financial statements of NSW public sector agencies, compared to two in 2014–15. The quality of financial reporting continued to improve across the NSW public sector.
More 2015–16 financial statements and audit opinions were signed within three months of the year end. Timely financial reporting was facilitated by more agencies resolving significant accounting issues early, completing asset valuations on time and compiling sufficient evidence to support financial statement balances.

NSW Treasury’s early close procedures in 2015–16 were again successful in improving the quality and timeliness of financial reporting, largely facilitated by the early resolution of accounting issues.

For 2016–17, NSW Treasury has narrowed the scope of mandatory early close procedures.

The narrowed scope of mandatory early close procedures may diminish the good performance in ensuring the quality and timeliness of financial reporting achieved in recent years.

To mitigate this risk, NSW Treasury has mandated that agencies perform non-financial asset valuations and prepare proforma financial statements in their early close procedures. It also encourages them to continue with the good practices embedded in recent years.

Although most agencies complied with NSW Treasury’s early close asset revaluation procedures we identified areas where they can improve. Asset revaluations need to commence early enough to ensure all assets are identified and the results are analysed, recorded and reflected accurately in the early close financial statements.

Financial reporting

The quality and timeliness of financial reporting continues to improve across the NSW public sector.

Quality of financial reporting

Only one qualified audit opinion was issued on 2015–16 financial statements

Only one qualified opinion was issued on the 2015–16 financial statements of NSW public sector agencies, down from two in 2014–15. The audit opinion for the Office of the NSW State Emergency Service was qualified because effective controls over fundraising activities did not operate for the entire year. For further details, refer to page 16 in our Report on Law and Order, Emergency Services and the Arts.

Unqualified audit opinion issued for TAFE NSW after remediation

TAFE NSW’s audit opinion on its financial statements was qualified in 2014–15 due to system limitations, which prevented it from providing sufficient evidence to support its student revenue, student receivables, accrued income and unearned revenue balances. TAFE NSW dedicated considerable resources to address this issue in the short term.

Management resolved over 250,000 data exceptions and found revenue had been understated by $138 million in 2014–15. This was recorded as a prior-period error in the 2015–16 financial statements. For further details, refer to pages 17–18 in our Report on Industry, Skills, Electricity and Water.

The quality of financial reporting continues to improve

Since NSW Treasury introduced its mandatory ‘early close procedures’ initiative in 2011–12, the number of reported misstatements and significant matters in agency financial statements submitted for audit have fallen considerably across the NSW public sector. This is largely attributed to the early resolution of accounting issues, which helps agencies meet earlier reporting deadlines and improve the quality and accuracy of financial reporting. Whilst the quality and timeliness of financial reporting has continued to improve, the NSW Government will need to continue focusing on strong financial management across the NSW public sector to maximise performance and effectively manage assets and liabilities.

The table below shows the fall in misstatements over five years across NSW public sector agencies since mandatory early close procedures were introduced in 2011–12.

Number of misstatements
Year ended 30 June 2015-16 2014-15 2013-14 2012-13 2011-12
Total reported misstatements 298 396 459 661 1,077

All material misstatements identified by agencies and audit teams were corrected before the financial statements and audit opinions were signed. A material misstatement relates to an incorrect amount, classification, presentation or disclosure in the financial statements that could reasonably be expected to influence the economic decisions of users.  

Significant matters reported to the portfolio Minister, Treasurer and Agency Head

In 2015–16, we reported the following significant matters to the portfolio Minister, Treasurer and agency head in our Statutory Audit Reports:

  • Transport for NSW needs to assess whether a $179 million fall in the carrying value of the bus fleet leased from the State Transit Authority has similar implications for the value of the bus fleet leased from private operators
  •  issues were identified with how the Northern NSW Local Health District implemented its new rostering system, including rosters being 'force approved' by the system administrator, users having inappropriate access, no review of payroll exceptions and inadequate project governance over the system’s rollout
  • the Aboriginal and Torres Strait Islander Health Practice Council of New South Wales’ financial statements were not prepared on a ‘going concern’ basis because it had insufficient funding to continue operating
  • the Department of Industry, Skills and Regional Development needs to improve the recording and accounting for Crown Land (repeat issue)
  • the financial reporting requirements for Local Land Services local boards, established under the Local Land Service Act 2013, need to be clarified (repeat issue)
  • significant limitations exist in TAFE NSW’s student administration system (repeat issue)
  • Hunter Water Corporation contracted to sell Kooragang Island Advanced Water Treatment Plant, which is conditional on the purchaser obtaining a water licence for use of the plant, for $35.5 million. This resulted in a $20.5 million decrease in the revaluation reserve
  • Hunter Water Corporation received $28.1 million from the sale of land impacted by the NSW Government’s decision not to construct Tillegra Dam. This was $62.4 million less than the carrying value of the land
  • Sydney Water Corporation needs to ensure it has robust governance over the development and implementation of a new customer billing system and an integrated enterprise resource planning system, budgeted to cost $184 million and $54.5 million respectively.

Timeliness of financial reporting

More financial statements and audit opinions signed within three months of year end

Most agencies submitted and signed their financial statements on time, which enabled more audits to be completed within three months of year end.

In 2015–16, 204 of 286 agencies’ financial statements and audit opinions were signed within three months of the year end. This compares to only 67 in 2010–11, the year before NSW Treasury introduced mandatory early close procedures.

Early close procedures improved the timeliness of financial reporting

Agencies were broadly successful in performing early close procedures in 2015–16. However, we did identify opportunities for improvement across the NSW public sector.  

The timeliness of financial reporting can be improved further if agencies:

  • resolve all significant accounting issues during the early close process, or document a clear path towards timely resolution
  • establish internal timetables and work with their service providers to ensure supporting work papers are prepared on time
  • assess and document the impact of new and revised accounting standards effective in the current or future years
  • prepare reconciliations, which are properly supported and reviewed
  • analyse and clear suspense accounts on a timely basis
  • complete asset valuations on time (also refer below).

Agencies will not always be able to fully resolve significant and complex accounting issues as part of the early close process. If this is the case, it is important they document a clear path towards timely resolution and ensure relevant stakeholders, including NSW Treasury, are kept informed. The documentation should set out the issue, status, key aspects needing resolution, and who is responsible for the expected deliverables.

Changes in accounting standards can materially impact agencies’ financial statements. Agencies will need to ensure they review the impact of, and have appropriate systems and processes in place to address these changes. Because of the lead time required, agencies need to start preparing for imminent changes now. The more significant changes that will come into effect over the next two years include:

  • service concession arrangements - where private sector entities design, build, finance and/or operate infrastructure to provide public services, such as toll roads, utilities, prisons and hospitals
  • the classification, measurement, recognition and de-recognition of financial instruments
  • leasing arrangements - lessees will no longer classify leases as operating or finance leases; leases will be ‘capitalised’ with financial liabilities being recognised for future lease payments.

NSW Treasury has narrowed the scope of mandatory early close procedures

NSW Treasury Circular 16-13 'Agency guidelines for the 2016–17 Mandatory Early Close' has narrowed the scope of mandatory early close procedures to non-financial asset valuations and proforma financial statements. Early close procedures that are no longer mandatory, but considered to be good practice by NSW Treasury, include:

  • resolving all past audit issues
  • performing key account reconciliations
  • agreeing and confirming inter and intra (cluster) agency balances and transactions
  • identifying material, complex and one-off transactions
  • preparing quality workpapers to support balances with variance analysis and meaningful explanations for movements
  • adequate review by management and Audit and Risk Committees.

If agencies do not perform the good practice procedures, the early close process may not be as effective in ensuring the quality and timeliness of financial reporting. We will monitor and report on the impact of this change on the timeliness and quality of the 2016–17 financial statements.

NSW Treasury piloted a hard-close initiative

NSW Treasury conducted a ‘hard-close pilot’ with nine agencies in 2015–16 to assess the benefits, and whether they should be applied more widely across the NSW public sector. While NSW Treasury has evaluated the results of the pilot, it has not mandated agencies complete hard close procedures in 2016–17. NSW Treasury Circular 16–13 gives agencies the option to complete hard close procedures.  

Hard close procedures involve applying year-end procedures to the fullest extent practicable at a preliminary month end date to further improve the quality and timeliness of financial reporting.

Processes for asset valuations can be improved

Although most agencies complied with NSW Treasury’s early close asset revaluation procedures, we identified areas where they can be improved.  

Asset valuations can be complex. They can involve the valuation of a large, geographically dispersed asset base, require significant judgement to estimate fair value and require substantial resources to complete.

Asset revaluations are successful when:

  • revaluation projects commence early enough to obtain the results and to reflect this in the early close pro forma financial statements, fixed asset register and general ledger
  • all assets are identified, recorded and reconciled before being provided to the valuer and the valuation methodology is agreed and documented
  • quality work papers are prepared setting out management’s proposed accounting treatments, judgements and assumptions
  • management engages with the valuers and interrogates the valuation results with scepticism
  • valuation issues are resolved before preparing the year-end financial statements.

NSW Treasury Policy Paper TPP14-01 also provides guidance to agencies to help manage the revaluation process.

Performance reporting

In 2017 and 2018, NSW Treasury is implementing its Financial Management Transformation (FMT) program. The program will replace the current ‘service group’ budgeting and reporting structure with program based budgeting and reporting. The program expects to have the legislation, policy framework and financial reporting system rolled out for the 2017–18 financial year.  

The program will implement a modern IT system, PRIME, as NSW Treasury's key tool to support whole-of-government budgeting and reporting. PRIME is expected to give the NSW Government strategic, relevant and timely information to plan and deliver its policy priorities and the Budget. It is expected to capture and monitor financial and non-financial performance data, and provide business intelligence and analytics. The roll-out of PRIME commenced in November 2016 and the 2017–18 Budget will be delivered using PRIME.

A project of this scale and complexity has many risks, which need to be carefully managed if the desired benefits are to be realised. To manage the risks, NSW Treasury is running PRIME in parallel with the existing IT systems for an extended period that covers preparation of the 2017–18 budget.

Independent assurance over the appropriateness and accuracy of agency key performance measures and indicators would improve confidence in the reliability of the NSW Government performance data.

Monitoring and guiding program performance will mean:

  • developing and implementing high level frameworks, policies and guidance
  • establishing measures and setting targets for performance
  • ensuring the availability of and access to high quality data and other information
  • obtaining independent assurance over the quality of the data.

The FMT program aims to achieve:

  • better performance and outcomes management
  • improved management of the State’s balance sheet, revenues and expenditures
  • stronger interagency collaboration
  • clearer accountabilities
  • better reporting of performance and outcomes.

This should give the NSW Government greater visibility on whether programs are delivering value for money, with emphasis not just on whether they are meeting compliance requirements, but whether they are also meeting performance expectations. This will require agencies to have the expertise they need to analyse how programs are performing and meeting expected outcomes.

 Appropriate financial controls help ensure the efficient and effective use of resources and the implementation and administration of agency policies. They are essential for quality and timely decision making.  

In 2015–16, our audit teams made the following key observations on the financial controls of NSW public sector agencies.

Financial controls
Observation Conclusion
More needs to be done to implement audit recommendations on a timely basis. We found 212 internal control issues identified in previous audits had not been adequately addressed by 30 June 2016.

Delays in implementing audit recommendations can impact the quality of financial information and the effectiveness of decision making.

Agencies need to ensure they have action plans, timeframes and assigned responsibilities to address recommendations in a timely manner.

Agencies continue to face challenges managing information security. Most information technology issues we identified related to poor IT user administration in areas like password controls and inappropriate access. Agencies should review the design and effectiveness of information security controls to ensure data is adequately protected.

We found shared service provider agreements did not always adequately address information security requirements.

Where agencies use shared service providers they should consider whether the service level arrangements adequately address information security.

Thirteen of 108 agencies required to attest to having a minimum set of information security controls did not do so in their 2015 annual reports. The 'NSW Government Digital Information Security Policy' recognises the growing need for effective information security. With cyber security threats continuing to increase as digital services expand we plan to look at cyber security as part of our 2017–18 performance audit program.
We identified instances where service level agreements with shared service providers were outdated, signed too late or did not exist. Corporate and shared service arrangements are more effective when service level arrangements are negotiated and signed in time, clearly detail rights and responsibilities and include meaningful KPIs, fee arrangements and dispute resolution processes.
Internal controls at GovConnect, the private sector provider of transactional and information technology services to many NSW public sector agencies were ineffective in 2015–16. We found mitigating actions taken to manage transition risks from ServiceFirst to GovConnect were ineffective in ensuring effective control over client transactions and data. The Department of Finance, Services and Innovation should ensure GovConnect addresses the control deficiencies. It should also examine the breakdowns in the transition of the shared service arrangements and apply the learnings to other services being transitioned to the private sector.
Maintenance backlogs exist in several NSW public sector agencies, including Roads and Maritime Services, Sydney Trains, NSW Health, the Department of Education and the Department of Justice. To address backlog maintenance it is important for agencies to have asset lifecycle planning strategies that ensure newly built and existing assets are funded and maintained to a desired service level.

Internal controls

Agency internal controls

We report deficiencies in internal controls, matters of governance interest and unresolved issues identified during our audits to management and those charged with governance of the agencies. We do this through management letters, which include our observations, related implications, recommendations and risk ratings.

We identified and reported 837 issues during our 30 June 2016 audits. Common internal control weaknesses identified during these audits included: 

  • non-compliance with processes and legislation
  • incomplete and inaccurate central registers, such as those for managing conflicts of interest, legislative compliance and contract management
  • weaknesses in information technology controls (see further details below)
  • financial performance and reporting issues, such as inadequate review of manual journals and poor quality and review of general ledger account reconciliations
  • deficiencies in purchasing and payables processes, such as poor review of vendor master file changes, limited use of purchase orders and inadequate payment approval processes.

Fewer internal control weaknesses were assessed as being high risk than in previous years. High risk internal control deficiencies should be addressed by the relevant agencies as a matter of urgency.

More needs to be done to implement audit recommendations

More needs to be done to implement audit recommendations on a timely basis. We found 212 internal control issues identified in previous audits had not been adequately addressed by 30 June 2016. The highest proportion of these issues were in the following clusters:

  • Family and Community Services cluster - 11 of 31 issues were repeat issues.
  • Planning and Environment cluster - 26 of 88 issues were repeat issues
  • Finance, Services and Innovation cluster - 31 of 111 issues were repeat issues
  • Justice cluster - 33 of 124 issues were repeat issues
  • Transport cluster - 18 of 68 issues were repeat issues
  • Health cluster - 33 of 126 issues were repeat issues.

Two of the 212 issues were classified as high risk and related to:

  • an agency’s lack of effective controls over fundraising activities
  • recognition of a loan and the agency’s capacity to repay the loan

Of the remainder, 126 were classified as moderate risk and 84 as low risk. Delays in implementing audit recommendations can impact the quality of financial information and the effectiveness of decision making. They expose agencies to reputational risks and financial loss.

Some issues can take longer to address due to resource constraints and/or the complexity of the issue. Agencies need to ensure they have action plans, timeframes and assigned responsibilities to address recommendations in a timely manner. Audit and Risk Committees play an important role in monitoring and advising agency heads on how agencies are implementing measures to address audit findings and recommendations.

Internal controls at shared service providers

Cluster corporate and shared service models are common across NSW Government

Corporate and shared service models are common across NSW Government, with most clusters having moved to or planning to move to some form of shared service arrangement. Shared service arrangements are designed to achieve efficiencies and reduce costs by centralising service delivery in areas such as human resources, governance and risk, procurement, finance and information technology. Corporate and shared service models can:

  • consolidate information systems and standardise processes through common policies and procedures. This should provide greater transparency to the cluster lead agency of agencies' and cluster-wide performance
  • deliver better information management and decision support services
  • increase efficiencies and reduce costs.

Agencies need to carefully manage the risks associated with these arrangements, such as:

  • failing to deliver integrated systems and processes across the cluster
  • limiting flexibility, which may hinder agencies from implementing fit for purpose frameworks, such as those for governance and risk
  • sub-optimal performance by service providers and/or ineffective controls at the service provider
  • poor governance, strategic leadership and direction over shared service arrangements.

The NSW Commission of Audit, in its May 2012 report on ‘Government Expenditure’, recommended improvements in the delivery of corporate and shared services across the NSW Government sector.

Service level arrangements are not always in place or are signed too late

We found instances where service level agreements with shared service providers were outdated, signed too late or did not exist. For example:

  • service agreements, which include performance requirements for safety and quality, service access and patient flow, finance and activity, population health and people between the Secretary of NSW Health and local health districts/specialty networks, need to be signed earlier to clarify roles, responsibilities, performance measures, budgets and service volumes and levels
  •  the NSW Department of Industry, Skills and Regional Development and the Department of Justice did not always have service agreements in place with agencies to which they provide financial and corporate services.

Corporate and shared service agreements are more effective when:

  • Service level agreements are negotiated and signed on time
  • the services provided and the rights and responsibilities of each party are clear
  • meaningful KPIs are agreed and there is a process to monitor performance against the KPIs
  • security over data and information is maintained and rights of access to information are established
  • fee arrangements are agreed
  • dispute resolution processes are in place

Agencies need to seek internal control certifications from service providers

NSW Treasury Policy TPP 14–05 'Certifying the Effectiveness of Internal Controls Over Financial Information' requires agencies to obtain certification on the effectiveness of internal controls from outsourced service providers. We found:

  • agencies using the services of GovConnect were unable to rely on controls over financial transactions and information (further details below), which negated the certification process over controls at the service provider. This required the impacted agencies to implement controls to mitigate the control deficiencies at the service provider
  • the Department of Justice did not always provide written certifications on the design and effectiveness of internal controls to client agencies
  • some private sector service providers do not provide independent certifications on the effectiveness of their controls to agencies.

The NSW Treasury Policy notes that, in some instances, client agencies may consider it appropriate to seek additional assurance in the form of an independent opinion on the design and operating effectiveness of controls in the service organisation. Agencies should consider the nature and extent of the services provided by their service provider when determining whether independent assurance is required.

Internal controls at GovConnect were ineffective in 2015–16

GovConnect provides information technology and transactional services to agencies within the NSW Public Sector. Service levels fell during the transition of shared services from ServiceFirst to GovConnect and NSW public sector agencies using these services were unable to rely on controls over financial transactions and information.  

We found mitigating actions taken to manage transition risks from ServiceFirst to GovConnect were ineffective in ensuring effective control over client transactions and data. This increased the risk of fraud and error, and inappropriate access to information.  

The Department of Finance, Services and Innovation should ensure GovConnect addresses the control deficiencies identified in GovConnect’s Independent Auditor’s Assurance reports. It should also examine the breakdowns in the transition of the shared service arrangements and apply the learnings to other services being transitioned to the private sector. Refer to pages 19-20 in our Report on Finance, Services and Innovation for further details.

Information technology

Digital Information Security

Agencies continue to face challenges managing information security

We audited the information systems of 72 agencies in 2016. The audits focused on the information technology (IT) processes and controls supporting the integrity, availability and security of financial data used to prepare the financial statements.

The audits identified opportunities to improve IT control environments, with a large proportion of our findings relating to information security. We recommended agencies review and strengthen information security controls. The key control weaknesses we found related to user administration, password parameters and privileged access.

Over the last three years the number of information systems issues we identified has improved, as shown below: 

  • 2015–16: 72 audits - 121 issues reported
  • 2014–15: 73 audits - 169 issues reported
  • 2013–14: 77 audits - 198 issues reported.

Of the 121 issues reported in 2015–16, two were classified as high risk, 80 as moderate risk and 39 as low risk. The two high risk issues related to:

  • poor password configuration management
  • inappropriate user access accounts and inadequate review of users’ access to the agency’s network, finance applications, database and servers.

Twenty-three per cent of the issues reported in 2014–15 were repeated in 2015–16. The percentage of repeat issues has fallen compared to 2013–14. 

Governance refers to the high-level frameworks, processes and behaviours established to ensure an entity meets its intended purpose, conforms with legislative and other requirements, and meets the expectations of probity, accountability and transparency.  

Governance models need to be adapted for the specific goals and outcomes required for different situations; one size does not fit all. High standards of public sector governance and accountability enable effective and efficient use of public resources. They also help to ensure agencies act impartially and lawfully, deliver program/project benefits within expected costs and timeframes and provide useful information about their activities and achievements.

In 2015–16, our audit teams made the following key observations on governance in NSW public sector agencies

Governance
Observation Conclusion
Cluster governance arrangements that support cluster accountability, performance monitoring, risk and compliance management are unclear.

Currently, cluster governance arrangements are unclear and inconsistently implemented across the NSW public sector. Implementing cluster governance frameworks is complex.

The Department of Premier and Cabinet (DPC) has indicated the NSW Public Sector Governance Framework will be updated to give guidance on cluster governance and how accountability and performance are monitored and reported.

The ‘whole-of-government’ does not have a dedicated audit and risk committee. NSW Government agencies would benefit from a dedicated independent audit and risk committee for the ‘whole-of-government’ that focuses on common issues and risks across the NSW public sector, and recommends and oversights coordinated responses to sector wide issues.

We identified many deficiencies in the oversight and management of Crown Land, including the sale and lease of such land.

We recommended the Department of Industry-Lands improve its processes for the sale and lease of Crown Land.

Our assessment of a sample of 33 agencies found that agencies have risk management governance structures in place, but need to focus on developing stronger risk cultures and fit-for-purpose systems to capture risks and incidents. Agencies need to focus on developing strong risk cultures and fit-for-purpose systems to capture risks and incidents.
We found project cost and time overruns continue to occur. In 2016–17, we will assess risk management maturity and processes focusing on effective risk management in project governance.
Our 2015–16 fraud survey indicates fraud controls are improving, but highlighted areas where agencies can do more. Agencies can review their fraud control measures against our Fraud Control Improvement Kit.
Our review of 13 agencies’ compliance with reporting and disclosure aspects of the GIPA Act found varying degrees of non-compliance at each. Our 2016 Special Report 'Compliance with the GIPA Act' makes recommendations to help agencies comply with the requirements of the Act.

Governance and Accountability

With the NSW public sector changing and becoming more complex, good governance becomes more important so the public's confidence in government and its agencies is maintained. Governance across the NSW public sector is complex and needs to accommodate risks arising from:

  • the Government’s cluster arrangements having no legal basis
  • many agencies not having conventional board structures
  • agencies only being able to do what their enabling legislation allows
  • agencies having for profit or not-for-profit objectives, and/or only being established to achieve a particular purpose
  • capability limitations that may exist in governing bodies
  • stakeholders having high expectations around accountability, transparency and conflicts of interest in public sector agencies.

Adding to this complexity is the continually changing nature of the public sector and the way it delivers services. Often, governance arrangements are impacted by:

  • changes in service delivery models, such as commissioning and contestability arrangements
  • machinery of government changes, leading to agencies being formed, amalgamated or abolished
  • complex financing and other contractual arrangements, such as public private partnerships impacting the structure and risks agencies face.

Those charged with governance are accountable for the decisions they make and need relevant, accurate and up-to-date information on which to base their decisions. Consequently, they need to satisfy themselves the governance frameworks, and the design and effectiveness of internal systems and controls provides sufficient assurance the agency’s activities are in line with expectations and comply with standards and legal requirements.  

Our audits identified deficiencies in some agencies’ governance frameworks, including:

  • not having frameworks to manage and ensure compliance with legislation
  • outdated policies and procedures, including those for fraud and corruption
  • inconsistent risk management frameworks
  • not having effective internal audit functions
  • some smaller agencies not having an Audit and Risk Committee
  • poor frameworks for identifying and managing conflicts of interest and gifts and benefits.

Agencies can assess their governance frameworks against our Governance Lighthouse.

Effective cluster/agency and program/project governance is characterised by:

  • leaders who set the right tone from the top, that shapes the culture and demonstrates the desired values and ethics through the behaviours they model when working with management and external stakeholders
  • a clear strategic purpose and direction, based on a clear understanding of stakeholder expectations, realistic medium and long-term outcomes, short-term priorities and expenditure/investment choices and budgets
  • a shared and strong understanding of the strategy to inform decisions
    strong oversight of progress against the strategy, significant deviations from it, emerging risks and planned benefits from change programs
  • regular reviews of and updates to the strategy to adapt to changing circumstances
    a clear purpose at specific project/program levels
  • charters with structures that include clearly distinct governance and management roles, principles, and processes
  • clearly defined roles and responsibilities that make differing interests transparent and improve decision-making – these should be revisited periodically
  • visible leadership when agencies/projects/programs face difficult issues
    clearly allocated and delegated decision-making for governance and management
  • different people in the roles of chair, project sponsor, manager of the division responsible for delivering a project, the line manager of the project director
  • the right mix of people with different perspectives and skills, who robustly debate issues, but support agreed decisions
  • independent quality assurance 
  • effective risk management that identifies, analyses, mitigates, monitors and communicates risks
  • a defined risk management framework and register that is widely understood and aligned to the agency’s strategy, risk appetite, objectives, business plan and stakeholder expectations
  • a mature risk management culture and reporting structure that is built into the agency or project governance framework
  • clear roles for Audit and Risk Committees, with competent and independent members who have a clear purpose
  • governance arrangements and practices that continually evolve to manage risk and conflicts of interest.

Cluster governance

Cluster governance arrangements, including accountability, are unclear

Currently, cluster governance arrangements are unclear and inconsistently implemented across the NSW public sector. Implementing cluster governance frameworks is complex because clusters bring together entities with different enabling legislation, organisational and legal structures, information systems and processes, risk profiles and governance frameworks. They require Ministers, boards, department Secretaries, agency heads and management to work together to ensure effective cluster governance and accountability arrangements are in place.

Clear cluster governance arrangements would improve cooperation and coordination amongst cluster agencies, help deliver government priorities that cut across agencies and improve service delivery outcomes. We recommended DPC release a revised NSW Public Sector Governance Framework that clearly articulates cluster governance arrangements, the role of the cluster Secretary, Chief Finance Officer, Chief Information Officer and Chief Risk Officer.

DPC has indicated the framework will be updated shortly to provide guidance on governance at a cluster level, including how cluster-level accountability and performance information is monitored and reported. We understand DPC will work with NSW Treasury to revise the framework by mid-2017. It is important for these agencies to collaborate and ensure the outcomes of NSW Treasury's Financial Management Transformation (FMT) program are considered when updating the framework.

The FMT program aims to revise financial governance, budgeting and reporting arrangements in the NSW public sector, and clarify the administrative and accountability arrangements for cluster operations. Further information on FMT is included in the Financial Performance and Reporting and Service Delivery chapters.  

Management oversight and capability

Those charged with governance are ultimately responsible for establishing an appropriate governance framework and system of internal control. However, management is accountable to those charged with governance and their oversight plays an important role in ensuring appropriate policies, procedures and internal controls are designed and working properly.

Sale and lease of Crown land is not being managed effectively

Our 2016 performance audit found limited oversight of sales and leases of Crown land by the Department of Industry - Lands. The Department has only just started monitoring whether tenants were complying with lease conditions, and does not have a clear view of what is happening on most leased Crown land. Most guidance to staff had not been updated for a decade, contributing to staff sometimes incorrectly implementing policies on rental rebates, unpaid rent, rent redeterminations and the direct negotiation of sales and leases on Crown land.  

Decisions on the sale and lease of Crown land were not transparent to the public and the Department has not provided consistent opportunities for the public and interested parties to participate in decisions about Crown land. Between 2012 and 2015, 97 per cent of leases and 50 per cent of sales were negotiated directly between the Department and individuals, without a public expression of interest process.  

Adding to this, our financial audit findings have identified significant deficiencies for several years in recording and accounting for Crown land assets in the Crown Land Information Database and the Department’s general ledger.

A key objective of the Department of Industry - Lands is for Crown land to be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State. A major part of the State’s land holding is Crown land, which had an estimated value of $12 billion in  2015–16. Crown land comprises approximately 42 per cent of all land in New South Wales and supports a wide range of important environmental, economic, social and community activities.  

The Crown Land Management Act 2016 (the Act) received assent from Parliament on 14 November 2016. The Act consolidated eight pieces of legislation. Most of the Act is expected to commence in early 2018. It is expected to reduce complexity and duplication, deliver better social, environmental and economic outcomes and facilitate community involvement in Crown land.

Good progress is being made on implementing public sector management reforms

Our performance audit on ‘Public Sector Management Reforms' found the Public Service Commission was making good progress leading the implementation of public sector management reforms. The Commission developed a sound evidence base for the reforms and gained wide public sector support by engaging with agency heads and using public sector working groups to develop options.  

The Commission needs to do more to report on how the reforms are contributing to better public services and to issue its guidance material to agencies promptly. The audit noted that the capacity and capability of human resource units in some agencies remains an impediment to the successful implementation of the reforms.

In early 2012, the NSW Commission of Audit Interim report identified a range of issues with workforce management in New South Wales. The Public Service Commission (PSC), which was established in late 2011, was tasked to address some of these issues and build the capability of the public sector. The Government Sector Employment Act 2013 (GSE Act), which provides the legislative basis for reforms, commenced in February 2014.

The public sector management reforms are ambitious, covering a substantial workforce and requiring a lot to be done in a short time. To achieve the intended outcomes, the reforms needed to be supported by sound evidence, have clear objectives and performance indicators, and be evaluated at appropriate stages.

Risk Management

The increasing complexity of government business transactions reinforces the need for whole of government approaches to deal with inter-related and inter-dependent risks across government agencies. It is important that safeguards in place to manage these risks are commensurate to the risk posed.

Findings from some of our 2016 performance audits, which looked at how areas of high risk are managed across NSW Government, are detailed below:

Our performance audit on managing unsolicited proposals in New South Wales concluded that governance arrangements for unsolicited proposals were adequate, but greater transparency and public reporting is needed. Unsolicited proposals warrant greater scrutiny and disclosure as they pose a greater risk to value for money than open, competitive and transparent tender processes.

 

Our performance audit on government advertising concluded the peer review process provides sufficient assurance that government advertising programs are needed and are cost effective. Government advertising is an activity that is high risk because of the potential for it to be used for political purposes. In NSW, the Government Advertising Act 2011 requires government advertising campaigns estimated to cost over $50,000 to be independently peer reviewed before launch.  

Cluster-wide risk management

Cluster wide risk management is inconsistent

Agencies within clusters have their own risk profiles and risk management frameworks. We found varying approaches and levels of maturity on how agency risks are captured and escalated to a cluster level so cluster heads can assess how they are being managed, treated and reported. We recommended some clusters review how agency level risks are escalated and reported at a cluster level.

Enterprise-wide risk management

Agency enterprise-wide risk management across the public sector is improving

In 2016, we assessed risk management processes at 33 agencies across the NSW public sector against the criteria in our Risk Assessment Tool. In 2015, we asked 77 agencies to perform a self-assessment of their risk management maturity. The table below compares the overall results of our assessment against the agencies self-assessments. The comparison indicates that risk management is improving.

Our assessments found that agencies have risk management governance structures in place, but need to focus on developing stronger risk cultures and fit-for-purpose systems to capture risks and incidents.

The environment in which services are delivered to the people of NSW is constantly changing. Services need to remain relevant and support the public's changing needs and expectations. People expect high quality services to be delivered in cost effective ways. To do this, agencies need to determine how best to deliver the services. Governments can deliver their services through agencies or through commissioning the right mix of services from public, private and not for profit sector providers.  

Agencies also need to consider how they collaborate with each other to improve the quality of their services and help drive down costs. Changes in innovation and technology can help agencies adapt to changing circumstances and to deliver better services in different ways.

In 2015–16, our audit teams made the following key observations on service delivery by NSW public sector agencies.

Service delivery
Observation Conclusion
New ways of delivering services across NSW Government are being identified, with commissioning and contestability arrangements being introduced or considered.

It is important for accountability to be maintained when services are outsourced.

Commissioning services and introducing new systems can be challenging. It is important for this to be managed well through:

  • strong project governance and leadership to manage risks
  • entering into binding commitments with clear accountabilities
  • good preparation, including adequate training and support for staff
  • sound financial management to control costs.
We found government decision makers are not always receiving enough information to make evidence-based investment decisions. The NSW Government’s program evaluation initiative has been largely ineffective. A performance audit looked at the Justice, Industry, Skills and Regional Development, Planning and Environment, Premier and Cabinet and Treasury clusters and recommended improvements to program evaluation.
We found agencies' performance is not routinely measured, evaluated or publicly reported. Agencies can improve transparency over their performance with a stronger focus on measuring performance and outcomes so they can make evidence-based decisions and maintain public accountability.
According to unaudited agency data, some Premier's and State Priorities are at risk of not being achieved. Independent assurance over the reliability and accuracy of the data would increase confidence in the performance indicators used to measure achievement of the Government’s priorities.
A comprehensive report of performance against the State Priorities is not published. We understand the NSW Government is considering public reporting against the State Priorities and developing reporting options.

Commissioning and Contesting the Delivery of Services

The publics' rising expectations, and rapidly changing and increasingly complex needs mean agencies cannot be complacent even when they deliver good services. To meet changing expectations and needs, agencies need to build on their strengths and leverage opportunities a modern, technology driven and information rich environment provides.

Government outcomes can be achieved through the effective commissioning of the right mix of services from the public, private and not-for-profit sectors. Commissioning involves agencies assessing citizens’ needs, determining priorities, designing and sourcing appropriate services, and monitoring and evaluating performance. NSW Treasury's 'Government Commissioning and Contestability Policy', published in November 2016, aims to provide a clear and consistent policy direction, definition and set of principles to guide NSW Government agencies when commissioning and contesting services.

It is important for agencies to understand the Government's strategic direction and objectives when partnering with others or commissioning the delivery of services. They must be prepared and able to work together and with others in different ways to deliver the best quality public services possible. Agencies face challenges and opportunities when commissioning services. These include:
 
  • determining the size, variety and location of services needed to meet customer needs and expectations
  • doing things differently to ensure public services are delivered efficiently and effectively
  • developing and nurturing markets, and transitioning services into and out of government
  • partnering with other public and private sector entities, and non-government organisations (NGOs)
  • establishing and maintaining clear accountabilities for jointly delivered services
  • using new approaches that leverage improvements in technology
  • involving the people of NSW in designing, planning, and delivering services
  • using, sharing and communicating information about service delivery
  • building agencies' capacity and capability
  • measuring and benchmarking service performance.

Effective commissioning can be achieved through:

  • strong governance and leadership to manage relationships and risks effectively within risk appetite levels
  • good information systems and tools 
  • being well prepared with the right capability and number of employees who are well trained and supported
  • adopting approaches that best fit the circumstances
  • regularly monitoring and assessing if expected outcomes are being achieved 
  • having a common purpose with clear outcomes
  •  being flexible and prepared to make trade-offs
  •  binding commitments with clear accountabilities
  •  sound financial management to control costs
  •  adequate development and testing of new systems before going live.

Commissioning and contestability continues to increase

We continue to see new ways of delivering services across NSW Government agencies. Some examples of commissioning and contestability include:

  • commissioning of GovConnect to provide information technology and transactional services to several agencies within the NSW Public Sector (refer Financial Controls chapter for further detail)
  • contestability testing within NSW Health, including linen services, non-emergency patient transport, warehousing, hospital support services, pathology and radiology
  • commissioning NGOs to provide some services traditionally provided by the Department of Family and Community Services ($2.8 billion received by NGOs in 2015–16 for the delivery of these services).

Our performance audit on franchising of the Sydney Ferries network found the decision to do so was justified and Transport for NSW’s management of the franchise was largely effective. The franchising has resulted in cost savings, good service performance and effective risk transfer from Government to the private sector operator. Scheduled ferry services are now provided under a seven-year contract managed by Transport for NSW.

Our 2016–17 performance audit program includes a review of Roads and Maritime Services' (RMS) Sydney region road maintenance contracts to assess whether RMS has realised the expected benefits of outsourcing road maintenance for the Sydney Region West and South zones under its Stewardship Maintenance Contracts. We also recently tabled a performance audit report, which focused on the Department of Family and Community Services work to build the readiness of the non-government sector for the National Disability Insurance Scheme.

Accountability needs to be maintained when services are outsourced

Generally, contractual arrangements allow an agency that is outsourcing services to review and assess the performance of the service provider. However, outsourced service providers are not directly accountable to the NSW Parliament for their use of public resources.

Governments are increasingly outsourcing to or partnering with private and NGO providers to deliver government services. Consequently, many parliaments now have legislation that enables Auditors-General to ‘go beyond’ the boundaries of the agencies commissioning services and into the entities providing the services to examine how effectively and efficiently they are providing the services (‘follow the money’ powers). New South Wales legislation does not currently provide the Auditor–General with such powers.

Delivering Government Services

Evidence-based decision making

Government services are being delivered by agencies through a variety of programs

To do this effectively agencies need to be able to make evidence based decisions. In August 2013, the NSW Government commenced a program evaluation initiative, which required agencies to periodically evaluate their programs. Since then, NSW Treasury and DPC have worked with agencies to implement the initiative. Agencies are required to prioritise programs for evaluation based on size, strategic significance and degree of risk, recognising their available capability and resources to conduct evaluations.

Our performance audit on 'Implementation of the NSW Government’s program evaluation initiative' showed the initiative was largely ineffective and government decision makers were not receiving enough information to make evidence-based investment decisions. The audit looked at the Justice, Industry, Skills and Regional Development, Planning and Environment, Premier and Cabinet and Treasury clusters.

Our performance audit also recommended NSW Treasury develop an evaluation framework to support the program budgeting and reporting component of the Financial Management Transformation (FMT) program, and ensure the program evaluation initiative is integrated into the new framework.

The FMT program budgeting, reporting and evaluation initiative aims to provide evidence-based information to inform investment decisions on programs. Adopting program budgeting and reporting as a key component of the FMT program requires a proven and systematic evidence-based methodology for measuring the efficiency and effectiveness of the programs.

Service delivery performance

Our performance audits found mixed service delivery performance

Performance audits build on our financial audits by reviewing whether taxpayers' money is spent efficiently, effectively, economically and in accordance with the law. Many of our performance audits focus on whether agencies are delivering good services to citizens at a reasonable cost. Findings from some of our 2016 audits, which focused on service delivery performance, are outlined below:

New South Wales has a lower rate of foodborne illness than the national average. This reflects some good practices in the NSW Food Authority’s approach to monitoring food safety standards. To ensure foodborne illnesses remain low, the Authority needs to better monitor its arrangements with local councils that inspect retail food businesses on its behalf, and receive additional and more timely information from them on compliance with food safety standards.

 

The Department of Education is doing a reasonable job of managing how well students with a disability transition to new schools and in supporting teachers to improve the students’ educational outcomes. We found enrolments in quality early childhood education were increasing, but were still below benchmark and funding could be better targeted to disadvantaged children in long day care.

 

Juvenile Justice NSW prepares and helps young people reintegrate into the community reasonably well after detention, given their complex needs, but access to post-release services is problematic.

 

Citizens will benefit if red tape is reduced. Overall, NSW Government initiatives and processes to prevent and reduce red tape have not been effective. In the absence of an accurate red tape savings figure and a stocktake of regulation, the NSW Government does not have a clear view of the impact its reported savings had on the overall net burden of red tape in New South Wales. Its ‘one-on, two-off’ initiative to reduce legislative regulatory burden achieved its numerical target, but the cost of the total legislative burden increased by $16.1 million over the same period.

Reporting on Service Delivery Performance

As agencies partner and collaborate more, measuring performance becomes more important. Sharing, using and making information available enables agencies to collectively understand and improve their service performance. This also gives agencies an opportunity to achieve efficiencies in collating and using research and performance data within privacy and legislative constraints. Where appropriate, agencies should consider obtaining independent assurance over the reliability and accuracy of the performance data they use.

Complaints are an important and free source of information that can provide valuable insights into poor service, systemic errors or problems with specific processes. How agencies manage and respond to complaints demonstrates their commitment to high standards of service delivery. Complaints also give agencies an opportunity to understand the expectations and experiences of people using their services. Government agencies need to ensure complaints are easy to make, consistently recorded and analysed, and openly reported and actioned.

Transparency over performance

Performance is not always measured, evaluated or publicly reported

A key objective of public sector reform is to improve performance and create a culture of accountability. Inadequate performance measures and primarily internal reporting, reduces transparency of agency performance and makes it hard for the public to assess if agencies are doing a good job. A sample of our audits found:
 
  • the effectiveness of Corrective Services NSWs performance framework was limited because performance information was not readily available to correctional centres to make more informed decisions on how best to manage their centres
  • red tape savings figures were not accurate and there was no central oversight of red tape reduction strategies
  • a lack of detailed costings meant we could not be sure regulation of early childhood education was efficient even though processes appeared to be good
  • while the Department of Family and Community Services has transparent performance reporting which is regularly published, the use and reporting of targets and benchmarks is limited
  • while icare collects performance information it does not use this information to assess the success of the return to work program. The return to work rate has increased from 85.5 per cent to 88.3 per cent since the workers’ compensation reforms were introduced in 2012, but there was no benchmark to assess if this result is meeting the desired objectives of the reforms
  •  the Environment Protection Authority has not developed measures and targets to assess achievement of outcomes associated with illegal dumping initiatives.

Agencies should consider whether their performance measurement frameworks:

  • measure the right things, focus on outcomes and integrate with decision making processes
  • set baselines and establish targets and timeframes for key performance indicators
  • require the use of reliable, up to date and accurate information
  • require information to be publicly reported to increase transparency.

The Government will not get the same level of reliance on performance information as it does for financial statements if that information is not independently assured. We will continue to focus on how well agencies assess and report the performance of their initiatives in achieving desired outcomes.

Premier's and State Priorities

The NSW Government released State Priorities 'NSW: Making it Happen' in September 2015. It includes 12 Premier's Priorities and 18 State Priorities with measures and targets to track the Government's performance in key priority areas.

The Premier's Priorities are detailed below.

  • Protecting our kids
  • Improving service levels in hospitals
  • Improving education results
  • Driving public sector diversity
  • Keeping our environment clear
  • Faster housing approvals
  • Reducing domestic violence
  • Tackling childhood obesity
  • Reducing youth homelessness
  • Improving government services
  • Creating jobs
  • Building infrastructure

Performance against the Premier's and State Priorities is not audited

The Premier's and State Priorities have not been independently audited to provide assurance the performance information is accurate. The Commonwealth, Victorian and Western Australian Auditors-General have varying powers that provide for auditing the appropriateness of agency key performance indicators and determine whether they fairly represent actual performance. NSW legislation does not currently provide the Auditor-General with such powers.

Premier's Priorities

Some Premier's Priorities are at risk of not being achieved

Our 2015–16 reports commented on the Government's performance against some of the Premier’s and State Priorities. Published data, which we have not audited, indicates the following Premier's Priorities may be at risk of not being achieved:

  • the proportion of domestic violence perpetrators re-offending within 12 months was 15.9 per cent, which is 6.7 percentage points higher than the target of 9.2 per cent (refer page 52–53 in Report on Law and Order, Emergency Services and the Arts for further details)
  • the percentage of children and young people re-reported at risk of significant harm was 40 per cent, which is 5.6 percentage points higher than the target of 34.4 per cent (refer page 31–32 in Report on Family and Community Services)
  • in 2015–16, 32.5 per cent of students achieved results in in the top two NAPLAN bands for reading and numeracy, marginally below the baseline of 32.7 per cent and below the 2019 target of 35.2 per cent (refer page 40–41 in Report on Education for further details)
  • the rate of patients leaving emergency departments within four hours was 74.2 per cent, 6.8 percentage points below the target of 81 per cent (refer page 53 in Report on Health for further details).

Published data, which we have not audited, indicates the following Premiers Priorities have been achieved or are on track to be achieved:

Progress against all 12 priorities can be found at https://www.nsw.gov.au/improving-nsw/premiers-priorities.

State Priorities

Some State Priorities at risk of not being achieved

Data, which we have not audited, indicates the following State Priorities may be at risk of not being achieved:

  • journey time reliability was 86 per cent in 2015–16, four percentage points below the 90 per cent target for peak travel on key routes being on time (refer page 48 in Report on Transport for further details)
  • in 2015–16, 9.1 per cent of Aboriginal and Torres Strait Islander students achieved results in the top two NAPLAN bands for reading and numeracy, which shows no improvement on the baseline of 9.1 per cent and is below the 2019 target of 11.6 per cent (refer page 42–43 in Report on Education for further details)
  • reducing the rate of adult re-offending by five per cent by 2019 – the rate increased 2.3 percentage points over the five years since 2010 to 36.7 per cent for the year ended 31 December 2014 (refer page 53–54 in Report on Law and Order, Emergency Services and the Arts for further details).

Data, which we have not audited, indicates the following State Priorities have been achieved or are on track to be achieved:

  • the State maintained its AAA credit rating (refer page 25 in Report on State Finances for further details)
  • general government expenditure growth was 4.4 per cent in 2015–16 and continued to be below long term revenue growth of 5.6 per cent (refer page 25 in Report on State Finances for further details)
  • 70,077 new dwelling approvals were granted in 2015–16, higher than the target of 50,000 approvals (refer page 35 in Report on Planning and Environment for further details)
  • the time taken to assess planning applications for complex state significant developments fell 46 per cent in 2015–16 from the 2013–14 baseline. A further four percentage point reduction is required to meet the target of halving the time to perform these assessments (refer page 35 in Report on Planning and Environment for further details)

A comprehensive report of performance against the State Priorities is not published

The Department of Premier and Cabinet has defined targets and measures in ‘NSW: Making it Happen’ so Ministers and individual agencies know which targets they are accountable for and how they will be measured. While some measures are publicly reported through agency annual reports or other sources, a comprehensive report of performance against the 18 State priorities is not published. We understand the NSW Government is considering this matter and developing reporting options.

Agencies are responsible for the priorities and they report progress at least bi-annually to the Department of Premier and Cabinet for reporting to the Premier. We will continue to report performance against the targets set in the Premier's and State Priorities.

Contract Management

Our audits identified deficiencies in contract management processes

Our audits continue to identify deficiencies in contract management processes, including:

  • agencies not having central contract registers detailing key contractual obligations and commitments
  • incomplete and inaccurate contract registers and/or no policy or procedures to update and maintain contract registers
  • no monitoring of contract performance.

We recommended agencies in the Family and Community Services and Planning and Environment clusters improve contract management processes. A robust contract management framework helps ensure all parties meet their obligations, contractual relationships are well managed, value for money is achieved and deliverables meet the required standards and agreed timeframes.

A 2014 performance audit ‘'Making the most of government purchasing power – telecommunications' developed a Better Practice Contract Management Framework (Framework) with nine key elements. Agencies can refer to this framework when assessing the adequacy of their contract management framework.

Benefits realisation

Benefits realisation approach for the Service NSW initiative is not as effective as it could be

Effective benefits realisation is critical to achieving intended outcomes expected from investments.  

Our performance audit on 'Realising the benefits of the Service NSW initiative' found the benefits realisation approach for the Service NSW initiative is not as effective as it could be. While customers think Service NSW provides a convenient and practical way to access all government transaction services:  

  • it was unclear who should monitor and report on the achievement of whole-of-government benefits and savings anticipated from the initiative
  • there was insufficient data to fully value or identify individual agency and whole-of-government savings and benefits.

This makes it difficult for the NSW Government to demonstrate the expected economic benefits of Service NSW will outweigh costs by the estimated five to one, and that savings will accrue after 2016–17.

The Department of Finance, Services and Innovation has developed a benefits realisation management framework, which can be found at www.finance.nsw.gov.au/publication-and-resources/benefits-realisation-management-framework. The Department of Education has established a benefits realisation plan for the Learning Management and Business Reform Program (LMBR) following our performance audit on the LMBR program. The Department of Planning and Environment is planning a benefits realisation review on the implementation of stage one of the ePlanning system.  

We will continue to review whether agencies have implemented effective benefit realisation frameworks for major projects and programs and examine the outcomes of benefit realisation reviews.

Published

Actions for Volume Six 2013 focusing on Law, Order and Emergency Services

Volume Six 2013 focusing on Law, Order and Emergency Services

Justice
Compliance
Fraud
Project management
Workforce and capability

We issued unqualified audit opinions on the above agencies’ 30 June 2013 financial statements. During the year, The Treasury issued TC 13/01 ‘Mandatory early close procedures for 2013’. As a result, the law and order services agencies were required to perform early close procedures. All law and order service agencies were broadly successful in performing the procedures, which helped them submit financial statements by an earlier due date. This in turn enabled the financial statement audits to be finalised within an earlier timeframe of eight weeks (nine weeks in 2011-12).

As previously recommended, the Department of Attorney General and Justice should continue integrating policies, operations and systems between its divisions and, once complete, analyse the costs and benefits. The Department of Attorney-General and Justice should also ensure it has the necessary processes in place to enable it to regularly monitor and measure the performance and success of the Victims Support Scheme in providing a more accessible, streamlined and targeted service to victims of violent crime in New South Wales.

Published

Actions for Cost of Alcohol Abuse to the NSW Government

Cost of Alcohol Abuse to the NSW Government

Treasury
Justice
Health
Premier and Cabinet
Management and administration
Regulation

The NSW Government does not estimate or report the total cost of alcohol abuse. The Audit Office of New South Wales’ sponsored research estimates it costs the government over $1 billion a year, or around $416 from each NSW household.

 

Parliamentary reference - Report number #235 - released 6 August 2013

Published

Actions for NSW Senior Executive Service: Professionalism and Integrity Volume 1 Part 1 Summary and Research Report

NSW Senior Executive Service: Professionalism and Integrity Volume 1 Part 1 Summary and Research Report

Premier and Cabinet
Internal controls and governance
Workforce and capability

The Audit Office is of the opinion that there are several features of the current Senior Executive Service (SES) model, or its application, which hinder the capacity of the SES to operate effectively in line with the Government’s stated objectives. The ultimate effect of these features is to reduce the capacity or perceived capacity of the SES to meet the Government’s objectives for the operation of the SES.

Taken overall, difficulties in the SES identified by the audit included: uncertainty caused by the way some contracts have been applied in practice, removal for reasons other than poor performance, informal strategies such as using restructuring to “terminate contracts and to move people in and out of positions regardless of their formal reported performance” (Section 5.4), inconsistently applied rules about selection/recruitment, appointment and removal of the SES, an imbalance between CES responsibility to the Minister as the employer/reviewer with their responsibility not to act in a political or partial manner, apparent lack of rigour in, value of and Ministerial accountability for CES performance review processes and failure to implement an adequate system of rewards and sanctions related to performance.

 

Parliamentary reference - Report number #59.1 - released 17 December 1998

Published

Actions for NSW Senior Executive Service: Professionalism and Integrity Volume 1 Part 2 SES Research

NSW Senior Executive Service: Professionalism and Integrity Volume 1 Part 2 SES Research

Premier and Cabinet
Internal controls and governance
Workforce and capability

This Performance Audit Report, prepared by the University of Technology, Sydney (UTS) on behalf of The Audit Office of New South Wales (NSW), is a study of the NSW Senior Executive Service (SES).

It found the dissonance between where optimal executive performance might take place on a performance spectrum, encompassing the formal SES and less formal political arenas, is canvassed. The critical point here is that this arena, between the informal political actions and the application of formal SES structures, where much of the important decision making takes place, will always be difficult to manage. Transparency in decision making processes where non partisan and partisan actions are clearly defined seems a primary essential element of performance if the integrity of the NSW SES is to be maintained.

 

Parliamentary reference - Report number #59.2 - released 17 December 1998

Published

Actions for The coordination of bushfire fighting activities

The coordination of bushfire fighting activities

Justice
Management and administration
Service delivery
Shared services and collaboration
Workforce and capability

The NSW model of rural fire fighting is complex, and requires an extensive amount of coordination and cooperation to function properly. This has inherent risks. In general, the model has been made to work quite well and much improvement in rural fire fighting has been achieved over the past decade. The efforts of all concerned should be recognised and applauded especially since any change must be developed cooperatively between a number of agencies and groups.

Nevertheless, past tensions and difficulties have left pockets of disagreement and resistance. The rural fire fighting culture which was developed over the course of a century has always been highly dedicated, as it is today. However, changed organisational, technical, legal, financial and environmental factors have necessitated major and continuing changes.

 

Parliamentary reference - Report number #57 - released 2 December 1998