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Audit Insights 2018-2022

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What the report is about

In this report, we have analysed the key findings and recommendations from our audit reports over the past four years.

This analysis includes financial audits, performance audits, and compliance audits of state and local government entities that were tabled in NSW Parliament between July 2018 and February 2022.

The report is framed by recognition that the past four years have seen significant challenges and emergency events.

The scale of government responses to these events has been wide-ranging, involving emergency response coordination, service delivery, governance and policy.

The report is a resource to support public sector agencies and local government to improve future programs and activities.

What we found

Our analysis of findings and recommendations is structured around six key themes:

  • Integrity and transparency
  • Performance and monitoring
  • Governance and oversight
  • Cyber security and data
  • System planning for disruption
  • Resource management.

The report draws from this analysis to present recommendations for elements of good practice that government agencies should consider in relation to these themes. It also includes relevant examples from recent audit reports.

In this report we particularly call out threats to the integrity of government systems, processes and governance arrangements.

The report highlights the need for balanced advice to government on options and risks, for transparent documentation and reporting of directions and decisions, and for early and open sharing of information with integrity bodies and audit.

A number of the matters highlighted in this report are similar to those described in our previous Insights Report, (Performance Audit Insights: key findings from 2014–2018) specifically in relation to cyber and information security, to performance measurement, reporting and evaluation, and system and workforce planning and capability.

Fast facts

  • 72 audits included in the Audit Insights 2018–2022 analysis
  • 4 years of audits tabled by the Auditor-General for New South Wales
  • 6 key themes for Audit Insights 2018–2022.

picture of Margaret Crawford Auditor-General for New South Wales in black dress with city skyline as backgroundI am pleased to present the Audit Insights 2018–2022 report. This report describes key findings, trends and lessons learned from the last four years of audit. It seeks to inform the New South Wales Parliament of key risks identified and to provide insights and suggestions to the agencies we audit to improve performance across the public sector.

The report is framed by a very clear recognition that governments have been responding to significant events, in number, character and scale, over recent years. Further, it acknowledges that public servants at both state and council levels generally bring their best selves to work and diligently strive to deliver great outcomes for citizens and communities. The role of audit in this context is to provide necessary assurance over government spending, programs and services, and make suggestions for continuous improvement.

A number of the matters highlighted in this report are similar to those described in our previous Insights Report, (Performance Audit Insights: key findings from 2014–2018) specifically in relation to cyber and information security, to performance measurement, reporting and evaluation, and system and workforce planning and capability.

However, in this report we particularly call out threats to the integrity of government systems, processes and governance arrangements. We highlight the need for balanced advice to government on options and risks, for transparent documentation and reporting of directions and decisions, and for early and open sharing of information with integrity bodies and audit. Arguably, these considerations are never more important than in an increasingly complex environment and in the face of significant emergency events and they will be key areas of focus in our future audit program.

While we have acknowledged the challenges of the last few years have required rapid responses to address the short-term impacts of emergency events, there is much to be learned to improve future programs. I trust that the insights developed in this report provide a helpful resource to public sector agencies and local government across New South Wales. I would be pleased to receive any feedback you may wish to offer.

Margaret Crawford
Auditor-General for New South Wales

Integrity and transparency Performance and monitoring Governance and oversight Cyber security and data System planning Resource management
Insufficient documentation of decisions reduces the ability to identify, or rule out, misconduct or corruption. Failure to apply lessons learned risks mistakes being repeated and undermines future decisions on the use of public funds. The control environment should be risk-based and keep pace with changes in the quantum and diversity of agency work. Building effective cyber resilience requires leadership and committed executive management, along with dedicated resourcing to build improvements in cyber security and culture. Priorities to meet forecast demand should incorporate regular assessment of need and any emerging risks or trends. Absence of an overarching strategy to guide decision-making results in project-by-project decisions lacking coordination. Governments must weigh up the cost of reliance on consultants at the expense of internal capability, and actively manage contracts and conflicts of interest.
Government entities should report to the public at both system and project level for transparency and accountability. Government activities benefit from a clear statement of objectives and associated performance measures to support systematic monitoring and reporting on outcomes and impact. Management of risk should include mechanisms to escalate risks, and action plans to mitigate risks with effective controls. In implementing strategies to mitigate cyber risk, agencies must set target cyber maturity levels, and document their acceptance of cyber risks consistent with their risk appetite. Service planning should establish future service offerings and service levels relative to current capacity, address risks to avoid or mitigate disruption of business and service delivery, and coordinate across other relevant plans and stakeholders. Negotiations on outsourced services and major transactions must maintain focus on integrity and seeking value for public funds.
Entities must provide balanced advice to decision-makers on the benefits and risks of investments. Benefits realisation should identify responsibility for benefits management, set baselines and targets for benefits, review during delivery, and evaluate costs and benefits post-delivery. Active review of policies and procedures in line with current business activities supports more effective risk management. Governments hold repositories of valuable data and data capabilities that should be leveraged and shared across government and non-government entities to improve strategic planning and forecasting. Formal structures and systems to facilitate coordination between agencies is critical to more efficient allocation of resources and to facilitate a timely response to unexpected events. Transformation programs can be improved by resourcing a program management office.
Clear guidelines and transparency of decisions are critical in distributing grant funding. Quality assurance should underpin key inputs that support performance monitoring and accounting judgements. Governance arrangements can enable input into key decisions from both government and non-government partners, and those with direct experience of complex issues.     Workforce planning should consider service continuity and ensure that specialist and targeted roles can be resourced and allocated to meet community need.
Governments must ensure timely and complete provision of information to support governance, integrity and audit processes.          
Read more Read more Read more Read more Read more Read more

 

This report brings together a summary of key findings arising from NSW Audit Office reports tabled in the New South Wales Parliament between July 2018 and February 2022. This includes analysis of financial audits, performance audits, and compliance audits tabled over this period.

  • Financial audits provide an independent opinion on the financial statements of NSW Government entities, universities and councils and identify whether they comply with accounting standards, relevant laws, regulations, and government directions.
  • Performance audits determine whether government entities carry out their activities effectively, are doing so economically and efficiently, and in accordance with relevant laws. The activities examined by a performance audit may include a selected program or service, all or part of an entity, or more than one government entity. Performance audits can consider issues which affect the whole state and/or the local government sectors.
  • Compliance audits and other assurance reviews are audits that assess whether specific legislation, directions, and regulations have been adhered to.

This report follows our earlier edition titled 'Performance Audit Insights: key findings from 2014–2018'. That report sought to highlight issues and themes emerging from performance audit findings, and to share lessons common across government. In this report, we have analysed the key findings and recommendations from our reports over the past four years. The full list of reports is included in Appendix 1. The analysis included findings and recommendations from 58 performance audits, as well as selected financial and compliance reports tabled between July 2018 and February 2022. The number of recommendations and key findings made across different areas of activity and the top issues are summarised at Exhibit 1.

The past four years have seen unprecedented challenges and several emergency events, and the scale of government responses to these events has been wide-ranging involving emergency response coordination, service delivery, governance and policy. While these emergencies are having a significant impact today, they are also likely to continue to have an impact into the future. There is much to learn from the response to those events that will help the government sector to prepare for and respond to future disruption. The following chapters bring together our recommendations for core elements of good practice across a number of areas of government activity, along with relevant examples from recent audit reports.

This 'Audit Insights 2018–2022' report does not make comparative analysis of trends in public sector performance since our 2018 Insights report, but instead highlights areas where government continues to face challenges, as well as new issues that our audits have identified since our 2018 report. We will continue to use the findings of our Insights analysis to shape our future audit priorities, in line with our purpose to help Parliament hold government accountable for its use of public resources in New South Wales.

Appendix one – Included reports, 2018–2022

Appendix two – About this report

 

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.

Published

Actions for Managing cyber risks

Managing cyber risks

Whole of Government
Transport
Cyber security
Information technology
Internal controls and governance
Procurement
Risk

What the report is about

This audit assessed how effectively Transport for NSW (TfNSW) and Sydney Trains identify and manage their cyber security risks.

The NSW Cyber Security Policy (CSP) sets out 25 mandatory requirements for agencies, including implementing the Australian Cyber Security Centre’s Essential 8 strategies to mitigate cyber security incidents, and identifying the agency’s most vital systems, their ‘crown jewels’. 

The audited agencies have requested that we do not disclose detail of the significant vulnerabilities detected during the audit, as these vulnerabilities are not yet remediated. We provided a detailed report to the agencies in December 2020 outlining significant issues identified in the audit. We have conceded to the agencies' request but it is disappointing that transparency to the Parliament and the public on issues that potentially directly affect them needs to be limited in this way.

What we found

TfNSW and Sydney Trains are not effectively managing their cyber security risks.

Both agencies have assessed their cyber security risks as unacceptably high and both agencies had not identified all of the risks we detected during this audit – some of which are significant.

Both agencies have cyber security plans in place that aim to address cyber security risks. TfNSW and Sydney Trains have combined this into the Transport Cyber Defence Rolling Program, part of the Cyber Defence Portfolio (CDP). 

However, neither agency has reached its target ratings for the CSP and the Essential 8 and maturity is low in relation to significant risks and vulnerabilities exposed.

Further, neither agency is fostering a culture where cyber security risk management is an important and valued aspect of decision-making.

TfNSW is not implementing cyber security training effectively across the cluster with only 7.2% of staff having completed basic cyber security training.

What we recommended

TfNSW and Sydney Trains should:

  • develop and implement a plan to uplift the Essential 8 controls to the agency's target state
  • as a matter of priority, address the vulnerabilities identified as part of this audit and previously described in a detailed Audit Office report provided to both agencies
  • ensure cyber security risk reporting to executives and the Audit and Risk Committee
  • collect supporting information for the CSP self assessments 
  • classify all information and systems according to importance and integrate this with the crown jewels identification process
  • require more rigorous analysis to re-prioritise CDP funding 
  • increase uptake of cyber security training.

TfNSW should assess the appropriateness of its target rating for each of the CSP mandatory requirements.

Department of Customer Service should:

  • clarify the requirement for the CSP reporting to apply to all systems
  • require agencies to report the target level of maturity for each mandatory requirement.

Fast facts

  • $42m Total value of the Transport Cyber Defence Rolling Program over three years.
  • 7.2% Percentage of staff across the Transport cluster who had completed introductory cyber security training

Response to requests by audited agencies to remove information from this report

In preparing this audit report, I have considered how best to balance the need to support public accountability and transparency with the need to avoid revealing information that could pose additional risk to agencies’ systems. This has involved an assessment of the appropriate level of detail to include in the report about the cyber security vulnerabilities identified in this audit.

In making this assessment, the audit team consulted with Transport for NSW (TfNSW), Sydney Trains, and Cyber Security NSW to identify content which could potentially pose a threat to the agencies’ cyber security.

In December 2020, my office also provided TfNSW and Sydney Trains with a detailed report of many of the significant vulnerabilities identified in this audit, to enable the agencies to address the cyber security risks identified. The detailed report was produced as a result of a 'red team' exercise, which was conducted with both agencies' knowledge and consent. The scope of this exercise reflected the significant input provided by both agencies. More information on this exercise is at page 12 of this report.

TfNSW and Sydney Trains have advised that in the six months from December 2020 and at the time of tabling this audit report, they have not yet remediated all the vulnerabilities identified. As a result, they, along with Cyber Security NSW, have requested that we not disclose all information contained in this audit report to reduce the likelihood of an attack on their systems and resulting harm to the community. I have conceded to this request because the vulnerabilities identified have not yet been remediated and leave the agencies exposed to significant risk.

It should be stressed that the risks identified in the detailed report exist due to the continued presence of these previously identified vulnerabilities, rather than due to their potential publication. The audited agencies, alone, are accountable for remediating these vulnerabilities and addressing the risks they pose.

It is disappointing that transparency to the Parliament and the public on issues that potentially directly affect them needs to be limited in this way.

That said, the conclusions drawn in this report are significant in terms of risk and remain valid, and the recommendations should be acted upon with urgency.

Cyber security risk is an increasing area of concern for governments in Australia and around the world. In recent years, there have been a number of high-profile cyber security attacks on government entities in Australia, including in New South Wales. Malicious cyber activity in Australia is increasing in frequency, scale, and sophistication. The Audit Office of New South Wales is responding to these risks with a program of audits in this area, which aim to identify the effectiveness of particular agencies in managing cyber risks, as well as their compliance with relevant policy.

Cyber Security NSW, part of the Department of Customer Service (DCS) releases and manages the NSW Cyber Security Policy (CSP). The CSP sets out 25 mandatory requirements for agencies, including making it mandatory for agencies to implement the Australian Cyber Security Centre Essential 8 Strategies to Mitigate Cyber Security Incidents (the Essential 8). The Essential 8 are key controls which serve as a baseline set of protections which agencies can put in place to make it more difficult for adversaries to compromise a system. Agencies are required to self-assess their maturity against the CSP and the Essential 8, and report that assessment to Cyber Security NSW annually.

The CSP makes agencies responsible for identifying and managing their cyber security risks. The CSP sets out responsibilities and governance regarding risk identification, including making agencies responsible for identifying their 'crown jewels', the agency's most valuable and operationally vital systems. Once these risks are identified, agencies are responsible for developing a cyber security plan to mitigate those risks.

This audit focussed on two agencies: Transport for NSW (TfNSW) and Sydney Trains. TfNSW is the lead agency for the Transport cluster and provides a number of IT services to the entire cluster, including Sydney Trains. This audit focussed on the activities of TfNSW's Transport IT function, which is responsible for providing cyber security across the cluster, as well as directly overseeing four of TfNSW's crown jewels. Sydney Trains is one of the agencies in the Transport cluster. While it receives some services from TfNSW, it is also responsible for implementing its own IT controls, as well as controls to protect its Operational Technology (OT) environment. This OT environment includes systems which are necessary for the operation and safety of the train network.

To test the mitigations in place and the effectiveness of controls, this audit involved a 'red team' simulated exercise. A red team involves authorised attackers seeking to achieve certain objectives within the target's environment. The red team simulated a determined external cyber threat actor seeking to gain access to TfNSW's systems. The red team also sought to test the physical security of some Sydney Trains' sites relevant to the agency's cyber security. The red team exercise was conducted with the knowledge of TfNSW and Sydney Trains.

This audit included the Department of Customer Service as an auditee, as they have ownership of the CSP through Cyber Security NSW. This audit did not examine the management of cyber risk in the Department of Customer Service.

This audit assessed how effectively selected agencies identify and manage their cyber security risks. The audit assessed this with the following criteria:

  • Are agencies effectively identifying and planning for their cyber security risks?
  • Are agencies effectively managing their cyber security risks?

Following this in-depth portfolio assessment, the Auditor-General for NSW will also table a report on NSW agencies' compliance with the CSP in the first quarter of 2021–22.

Conclusion

Transport for NSW and Sydney Trains are not effectively managing their cyber security risks. Significant weaknesses exist in their cyber security controls, and both agencies have assessed that their cyber risks are unacceptably high. Neither agency has reached its Essential 8 or Cyber Security Policy target levels. This low Essential 8 maturity exposes both agencies to significant risk. Both agencies are implementing cyber security plans to address identified cyber security risks.
This audit identified other weaknesses, such as low numbers of staff receiving basic cyber security awareness training. Cyber security training is important for building and supporting a cyber security culture. Not all of the weaknesses identified in this audit had previously been identified by the agencies, indicating that their cyber security risk identification is only partially effective.
Agency executives do not receive regular detailed information about cyber risks and how they are being managed, such as information on mitigations in place and the effectiveness of controls for cyber risk. As a result, neither agency is fostering a culture where cyber security risk management is an important and valued aspect of executive decision-making.
TfNSW and Sydney Trains are partially effective at identifying their cyber security risks and both agencies have cyber security plans in place

Both agencies regularly carry out risk assessments and have identified key cyber security risks, including risks that impact on the agencies' crown jewels. These risks have been incorporated into the overall enterprise risk process. However, neither agency regularly reports detailed cyber risk information to agency executives to adequately inform them about cyber risk. The Cyber Security Policy (CSP) requires agencies to foster a culture where cyber security risk management is an important and valued aspect of decision-making. By not informing agency executives in this way, TfNSW and Sydney Trains are not fulfilling this requirement.

Agencies' cyber security risk assessment processes are not sufficiently comprehensive to identify all potential risks. Not all of the weaknesses identified in this audit had previously been identified by the agencies.

To address identified cyber security risks, both agencies have received funding approval to implement cyber security plans. TfNSW first received approval for its cyber security plan in 2017. Sydney Trains received approval for its cyber security plan in February 2020. In 2020–21 TfNSW and Sydney Trains combined their plans into the Transport Cyber Defence Rolling Program business case valued at $42.0 million over three years. This is governed as part of a broader Cyber Defence Portfolio (CDP). The CDP largely takes a risk-based approach to annual funding. The Cyber Defence Portfolio Steering Committee and Board can re-allocate funds from an approved project to a different project. This re-allocation process could be improved by making it more risk-based.

TfNSW and Sydney Trains are not effectively managing their cyber security risks

Neither agency has fully mitigated its cyber security risks. These risks are significant. Neither TfNSW nor Sydney Trains have reduced their cyber risk to levels acceptable to the agencies. Both agencies have set a risk tolerance for cyber security risks, and the identified enterprise-level cyber security risks remain above this rating. Both agencies' self-attested maturity against the Essential 8 remains low in comparison to the agencies' target levels, and in relation to the significant risks and vulnerabilities that are exposed. Little progress was made against the Essential 8 in 2020.

Neither agency has reached its target levels of maturity for the CSP mandatory requirements. Not reaching the target rating of the CSP mandatory requirements risks information and systems being managed inconsistently or not in alignment with good governance principles. The Transport Cyber Defence Rolling Program has a KPI to achieve a target rating of three for all CSP requirements where business appropriate. TfNSW considers this target rating to be its target for all the CSP requirements. However TfNSW has not undertaken analysis to determine whether this target is appropriate to its business.

The CSP makes agencies accountable for the cyber risks of their ICT service providers. While both agencies usually included their cyber security expectations in contracts with third-party suppliers, neither agency was routinely conducting audits to ensure that these expectations were being met.

The CSP requires agencies to make staff aware of cyber security risks and deliver cyber security training. TfNSW is responsible for delivering cyber security training across the Transport cluster, including in Sydney Trains. TfNSW was not effectively delivering cyber security training across the cluster because training was not mandatory for all staff at the time of the audit and completion rates among those staff assigned the training was low. As such, only 7.2 per cent of staff across the Transport cluster had completed introductory cyber security training as at January 2021.

Agencies have assessed their cyber risks as being above acceptable levels

An agency's risk tolerance is the amount of risk which the agency will accept or tolerate without developing further strategies to modify the level of risk. Risks that are within an agency's risk tolerance may not require further mitigation and may be deemed acceptable, while risks which are above the agency's risk tolerance likely require further mitigation before they become acceptable to the agency.

Both agencies have defined their risk tolerance and have identified risks which are above this level, indicating that they are unacceptable to the agency. TfNSW has defined 'very high' risks as generally intolerable and 'high' risks as undesirable. Its risk tolerance is 'medium'. Sydney Trains has four classifications of risk: A, B, C and D. A and B risks are deemed 'unacceptable' and 'undesirable' respectively, while C risks are considered 'tolerable'. This aligns with the TfNSW definition of a medium risk tolerance.

Transport IT reported five enterprise-level cyber security risks through its enterprise risk reporting tool in September 2020, all of which relate to cyber security or have causes relating to cyber security. These risks are in aggregate form, rather than relating to specific vulnerabilities. At the time of the audit, one of these risks was rated as very high and the other four rated as high. At this time, Transport IT had identified a further seven divisional-level risks which were above the agency’s risk tolerance.

Similarly, Sydney Trains has identified one main cyber security risk in its IT enterprise-level risk register and another with a potential cyber cause. Both of these IT risks are deemed to have a residual risk of ‘unacceptable’.

Similarly, two cyber-related OT risks have been determined to be above the agency's risk tolerance. One risk is rated as 'unacceptable'. Another risk, while not entirely cyber rated, is rated 'undesirable' and is deemed to have some causes which may stem from a cyber-attack.

Agencies have assessed their current cyber risk mitigations as requiring improvement

In addition to the risk ratings stated above, at the time of the audit neither agency believed that its controls were operating effectively. Transport IT had rated the control environments for its cyber security enterprise risks as 'requires improvement'. Mitigations were listed in the risk register for these risks but, in some cases, they were unlikely to reduce the risk to the target state or by the target date. For example, one risk had actions listed as 'under review' and no further treatment actions listed, but a due date of July 2021, while another risk was being treated by the CDP with a due date of July 2021. The CDP identified in May 2020 that while the average risk identified as part of that program will be reduced to a medium level by this date, ten high risks will still remain. Given the delays in the program, this number may be higher. As such, it seems unlikely that the enterprise risk will be reduced to below a 'high' level by July 2021.

Sydney Trains’ IT and OT risk registers cross-reference controls and mitigations against the causes and consequences. The IT cyber security risk identified in the register had causes with no mitigations designed for them. Further, some of these causes did not have future mitigations designed for them. This risk also had controls in place which are identified as partially effective. For the unacceptable OT risk noted above, while there was a control designed for each of the potential causes, Sydney Trains had identified all of the controls in place as either partially effective or ineffective. This indicates that Sydney Trains was not effectively mitigating the causes of its cyber risks and, even where it had designed controls or mitigations, these were not always implemented to fully mitigate the cause of the risk.

Additional information on gaps in cyber mitigations which were exposed in the course of this audit has been detailed to both agencies. The Foreword of this report provides information about why this detail is not included here.

Essential 8 maturity is low across TfNSW and Sydney Trains and little progress was made in 2020

CSP mandatory requirement 3.2 states that agencies must implement the ACSC Essential 8. Agencies must also rate themselves against each of the Essential 8 on a maturity scale from zero to three and report this to Cyber Security NSW. A full list of the Essential 8 can be found in Exhibit 1. Both agencies have a low level of maturity against the Essential 8 not just in comparison to the targets they have set, but also in relation to the risks and vulnerabilities exposed. Both agencies have set target maturity ratings for the Essential 8 but none of the Essential 8 ratings across either agency are currently implemented to this level. Having a low level of Essential 8 maturity exposes both agencies to significant risks and vulnerabilities. Little progress was made between the 2019 and 2020 attestation periods.

Transport IT has set a target rating of three across all of the Essential 8. Sydney Trains has set a target rating of three for its IT systems. Sydney Trains had an interim target of two for its OT systems in 2020 and advised that this has since increased to three. It should be noted that not all the Essential 8 are applicable to OT systems.

None of the Essential 8 ratings across either agency are currently implemented to the target levels. Given that the Essential 8 provide the controls which are most commonly able to deter cyber-attacks, having maturity at a low level potentially exposes agencies to a cyber security attack.

Some work is underway across both TfNSW and Sydney Trains to improve the Essential 8 control ratings. The CDP provided some resources to the Essential 8 over 2019–20, with uplift focusing on specific systems. The CDP work in 2019 and 2020 relevant to the Essential 8 largely focussed on determining the current state of the Essential 8 and creating a target state roadmap. As a result, there was little improvement between the 2019 and 2020 attestation periods. The CDP has a workstream for the Essential 8 in its FY 2020–21 funding allocation, however as noted above in Exhibit 6 this was delayed as resources were redeployed to Project La Brea. Regardless, work on some specific aspects of the Essential 8 remain part of the 2020–21 CDP allocation, with workstreams allocated to improving three of the Essential 8. In addition, some work from Project La Brea should lead to an improvement in the Essential 8.

Sydney Trains' Cyber Uplift Program included a workstream which had in scope the uplift in the Essential 8 in IT. There were also other workstreams which aimed to improve some of the Essential 8 for OT systems. Work is also ongoing as part of the CDP to uplift these scores in Sydney Trains.

TfNSW and Sydney Trains have not reached their target maturity across the CSP mandatory requirements and TfNSW has not evaluated its cluster-wide target to ensure it is appropriate

Cyber Security NSW allows each agency to determine its target level of maturity for the first 20 CSP mandatory requirements. Agencies can tailor their target levels to their risk profile. Not reaching the target rating of the CSP mandatory requirements risks information and systems being managed inconsistently or not in alignment with good governance principles.

Sydney Trains has set its target level of maturity for IT and OT. All of Sydney Trains' target maturity levels are at least a three (defined), with a target of four (quantitatively managed) for many of the mandatory requirements. While Cyber Security NSW does not currently mandate a minimum level of maturity, in 2019 there was a requirement for each agency to target a minimum level of three.

Sydney Trains has not met its target ratings across the mandatory requirements.

The Transport Cyber Defence Rolling Program has a program KPI to ensure that the entire cluster reaches a minimum maturity level of three against all the CSP requirements by 2023. TfNSW has not reviewed its CSP mandatory requirement targets to determine if a three is desirable for all requirements or if a higher target level may be more appropriate. It is important for senior management to set cyber security objectives as a demonstration of leadership and a commitment to cyber security.

TfNSW has not met its target ratings across the mandatory requirements for its Group IT ISMS, which was the focus of this audit.

Both agencies claimed progress in their implementation of the mandatory requirements between 2019 and 2020. The audit did not seek to verify the self-assessed results from either agency.

Both agencies operate ISMS in line with the CSP

CSP mandatory requirement 3.1 requires agencies to implement an Information Security Management System (ISMS) or Cyber Security Framework (CSF), with scope at least covering systems identified as the agency's ‘crown jewels’. The ISMS or CSF should be compliant with, or modelled on, one or more recognised IT or OT standard. As noted in the introduction, an ISMS ‘consists of the policies, procedures, guidelines, and associated resources and activities, collectively managed by an organisation, in the pursuit of protecting its information assets.’ Both agencies operate an ISMS compliant with the CSP requirement.

As noted in the introduction, TfNSW operates four ISMS. The Transport IT ISMS is certified against ISO27001, the most common standard for ISMS certification. Three of TfNSW’s six crown jewels are managed within this ISMS. The other ISMS are not certified to relevant standards, though TfNSW claims that they align with relevant controls. This is sufficient for the purposes of the CSP.

Sydney Trains operates two ISMS, one for IT and another for OT. Neither of these are certified to relevant ISMS Standards, however there have been conformance reviews of both IT and OT with relevant standards. These ISMS cover all crown jewels in the agency.

There are currently 11 ISMS in operation across the Transport cluster. TfNSW has proposed moving towards a holistic approach to these ISMS, with the CDP Board responsible for governing the available security controls and directing agency IT and OT teams to implement these.

Agencies are not routinely conducting audits of third-party suppliers to ensure compliance with contractual obligations

CSP mandatory requirement 1.5 makes agencies accountable for the cyber risks of their ICT service providers and ensuring that providers comply with the CSP and any other relevant agency security policies. The ACSC has provided advice on what organisations should do when managing third party suppliers of ICT. The ACSC advises that organisations should use contracts to define cyber security expectations and seek assurance to ensure that these contract expectations are being met. While both agencies usually include specific cyber security expectations in contracts, neither is routinely seeking assurance that these expectations are being met.

The NSW Government has mandated the use of the 'Core& One' contract template for low-value IT procurements and the Procure IT contract template for high-value IT procurements. Both of these contracts contain space for the procuring agency to include cyber security controls for the contractor to implement. The Procure IT contract template also includes a right-to-audit clause which allows agencies to receive assurance around the implementation of these controls. TfNSW and Sydney Trains used the mandated contracts for relevant contracts examined as part of this audit.

TfNSW included security controls in all the contracts examined as part of this audit. Compliance with ISO27001 was the most commonly stated security expectation. Of the contracts examined as part of this audit, only one contract did not have a right-to-audit clause. This contract was signed in October 2016. While these clauses are in place, TfNSW rarely conducted these audits on its third-party providers. Of the eight TfNSW contracts examined in detail, only two of these had been audited to confirm compliance with the stated security controls.

Sydney Trains included security controls in all but one of the contracts examined as part of this audit. Sydney Trains did not require contractors to be compliant with ISO27001, but only required compliance with whole-of-government policies. Sydney Trains does not routinely conduct audits of its third-party suppliers, however it did conduct deep-dive risk analyses of its top ten highest risk IT suppliers. This involved a detailed review of both the suppliers' security posture and also the contract underpinning the relationship with the supplier.

The CDP funding for 2020–21 includes a workstream for strategic third-party contract remediation. This funding is to conduct some foundational work which will allow the CDP to make further improvements in future years. While this funding will not address gaps in contract requirements or management across all contracts, this workstream aims to reduce the risks posed by strategic suppliers covering critical assets. Similarly, work is currently underway as part of the CDP to conduct OT risk assessments for key suppliers to Sydney Trains in a similar way to the work undertaken for IT suppliers.

Sydney Trains has risk assessed its third-party suppliers but TfNSW has not done so

It is important to conduct a risk assessment of suppliers to identify high-risk contractors. This allows agencies to identify those contractors who may require additional controls stated in the contract, those who require additional oversight, and also where auditing resources are best targeted.

Sydney Trains has risk assessed all its IT suppliers and, as noted above, has conducted a deep-dive risk analysis of its top ten highest risk suppliers. TfNSW has not undertaken similar analysis of its key suppliers, however it has identified risks attached to each of its strategic suppliers and has documented these. As a result of not risk assessing its suppliers, TfNSW cannot take a targeted approach to its contract management.

TfNSW demonstrated poor records handling relating to the contracts examined as part of this audit

TfNSW was not able to locate one of the contracts requested as part of the audit's sample. Other documentation, such as contract management plans, could not be located for many of the other contracts requested as part of this audit. These poor document handling practices limits TfNSW's ability to effectively oversee service providers and ensure that they are implementing agreed controls. It also limits public transparency on the effectiveness of these controls.

The Transport cluster is not effectively implementing cyber security awareness training

Agencies are responsible for implementing regular cyber security education for all employees and contractors under mandatory requirement 2.1 in the CSP. TfNSW is responsible for delivering this training to the whole Transport cluster, including Sydney Trains. The Transport cluster has basic cyber awareness training available for all staff. TfNSW also offers additional training provided by Cyber Security NSW targeted at executives and executive assistants. While TfNSW has training available to staff, it is not delivering this effectively. TfNSW does not make training mandatory for most staff nor does it require staff to repeat training regularly. Even among those staff who have been assigned the training, completion rates are low, meaning that delivery is not effectively monitored. Cyber security training is important for building and supporting a cyber security culture.

TfNSW is responsible for creating and rolling out all forms of training to agencies within the Transport cluster. Both TfNSW and Sydney Trains have the same mandatory cyber awareness training that is automatically assigned to new starters. At the time of the audit, this training was not mandatory for ongoing staff. TfNSW does make additional cyber security training available to staff who can choose to undertake the training themselves, or can be assigned the training by their manager. All TfNSW cyber security training is delivered via online modules and it is the responsibility of managers to ensure that it is completed.

Cyber security training completion rates for both TfNSW and Sydney Trains are low. Only 13.5 per cent of staff across the Transport cluster had been assigned the Cyber Safety for New Starters training as of January 2021. Although this course is mandatory for new starters, only 53 per cent of staff assigned the Cyber Safety for New Starters training module had completed the course by January 2021. As a result, only 7.2 per cent of staff across the entire Transport cluster had completed this training at that time. In Sydney Trains, less than one per cent of staff had completed this training as at January 2021 and a further 7.6 per cent of staff have completed the 'Cyber Security: Beyond the Basics' training. These low completion rates indicate that TfNSW is not effectively rolling out cyber security training across the cluster.

In October 2020, the Department of Customer Service released 'DCS-2020-05 Cyber Security NSW Directive - Practice Requirement for NSW Government', which made annual cyber security training mandatory for all staff from 2021. In line with this requirement, TfNSW has advised that it will be gradually implementing mandatory annual training from July 2021 for all staff.

The Transport cluster undertakes activities to build a cyber-aware culture in accordance with the CSP, but awareness remains low

Increasing staff awareness of cyber security risks and maintaining a cyber secure culture are both mandatory requirements of the CSP. While TfNSW does undertake some activities to build a cyber aware culture, awareness of cyber security risks remains low. This can be demonstrated by the low training rates outlined above, and the 'Spot the Scammer' exercise, described in Exhibit 7. TfNSW is responsible for delivering these awareness raising activities across the cluster.

TfNSW frequently communicates with staff across the Transport cluster about various cyber security risks through multiple avenues. Both agencies use the intranet, emails and other awareness raising activities to highlight the importance for staff to be aware of the seriousness of cyber risks. Advice given on the intranet includes tips for spotting scammers on mobile phones, promoting the cluster-wide training courses, as well as various advice that staff could use when dealing with cyber risks in the workplace.

In addition to these awareness raising activities, TfNSW has also undertaken a cluster-wide phishing email exercise called 'Spot the Scammer'. This is outlined in Exhibit 7. This exercise was carried out in 2019 and 2020 and allowed the Transport cluster to measure the degree to which staff were able to identify phishing emails. As can be seen in Exhibit 7, the results of this exercise indicate that staff awareness of phishing emails remains low.

Exhibit 7 - Spot the Scammer exercise
In both 2019 and 2020, TfNSW performed a ‘Spot the Scammer’ exercise in which they sent out over 25,000 emails to staff based on a real phishing attack in order to measure awareness and response. The exercise tested staff 'click through rate', the percentage of staff who clicked on the fake phishing link. In 2019, these results were then compared to industry benchmarks, with over a 20 per cent click through rate being considered 'very high'. Both TfNSW and Sydney Trains were considered to have a ‘very high’ click through rate in comparison to these benchmarks in both 2019 and 2020. This indicates that staff awareness of phishing emails was low. The click through rate for TfNSW was 24 per cent in 2020, an increase from 22 per cent in 2019. For Sydney Trains, the click through rate in 2020 was 32 per cent, which was a decrease from 40 per cent in 2019.
Source: Audit Office analysis of TfNSW documents.

Appendix one – Response from agencies

Appendix two – Cyber Security Policy mandatory requirements

Appendix three – About the audit

Appendix four – 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 #353 - released (13 July 2021).

Published

Actions for WestConnex: changes since 2014

WestConnex: changes since 2014

Transport
Compliance
Infrastructure
Internal controls and governance
Management and administration
Project management
Risk

What the report is about

The report examined whether Transport for NSW (TfNSW) and Infrastructure NSW (INSW) effectively assessed and justified major scope changes to the WestConnex project since 2014.

What we found

NSW Government decisions to fund WestConnex-related projects outside WestConnex's $16.812 billion budget have reduced transparency and understate the full cost of WestConnex.

The NSW Government's decision to separate Sydney Gateway from WestConnex has reduced transparency over the cost of the road component of Sydney Gateway. $1.76 billion of the cost to complete Sydney Gateway is funded outside the WestConnex budget.

Network integration costs, currently estimated at $2.3 billion, are also funded outside the WestConnex budget. Many of these costs are directly attributable to WestConnex and ought to be included in the reported budget.

The Parramatta Road Urban Amenity Improvement Program, costing $198 million, should also be included as part of the WestConnex reported budget.

Decisions to exclude or remove these elements from WestConnex without justification have seen $4.26 billion of projects funded outside the $16.8 billion budget.

Positively, robust analysis was used to develop and incorporate design improvements into the 2015 WestConnex Updated Strategic Business Case.

The separate components of WestConnex underwent all required assurance reviews. However, the NSW Government's assurance framework does not require ongoing ‘whole-of-program’ assurance for large and complex projects like WestConnex. The absence of a holistic review of WestConnex allows for some costs and benefits to avoid scrutiny.

What we recommended

TfNSW should:

  • review the impact of scope changes on project objectives, costs and benefits for complex infrastructure projects
  • ensure that estimated costs and benefits of works which are reasonably required to meet consent conditions are included in business cases for complex large infrastructure projects
  • establish centralised and project specific record keeping for major infrastructure projects.

Infrastructure NSW should provide transparent whole of program assurance on total costs and benefits when complex projects are split into sub-projects.

Government should consider enhancing public transparency of existing infrastructure assurance processes by requiring that large complex infrastructure programs undergo periodic review at a whole-of-program level.

Fast facts

  • $16.812b 2015 WestConnex business case budget
  • $2.3b current estimated cost of network integration works to enable WestConnex, funded outside the WestConnex budget
  • $1.76b cost to complete Sydney Gateway to enable WestConnex and also funded outside the WestConnex budget
  • $198m Parramatta Road Urban Amenity Improvement Program, originally part of WestConnex but now funded outside the WestConnex budget

WestConnex

WestConnex is a 33 km motorway network that will link the western and south‑western suburbs with the Sydney CBD and the Airport and Port Botany precinct. It will also connect with proposed future motorway links to the north shore, northern beaches, and southern Sydney. The project is being delivered in three stages, with completion scheduled for 2023.

When first conceived by Infrastructure NSW (INSW) in 2012, WestConnex was described as a single integrated concept. In August 2013, government approved a business case for an integrated concept of WestConnex, with an estimated cost of $14.881 billion (in nominal outturn costs). Transport for NSW (TfNSW) is the government agency (sponsor agency) accountable for the delivery of WestConnex in accordance with the business case. In August 2014, the NSW Government established the Sydney Motorway Corporation to fund, deliver and operate WestConnex.

In November 2015, the NSW Government publicly released an updated WestConnex business case with greater detail and design enhancements, which increased the estimated cost to $16.812 billion.

Subsequent to this update, further changes were made to the design, including realignment of the M4 to M5 Link connection to the Western Harbour Tunnel project, an expanded interchange at Rozelle, the deletion of the Camperdown Intersection, and the addition of the Iron Cove Link. The reported budget for WestConnex was not changed as a result of these design updates.

To fund WestConnex, Sydney Motorway Corporation consolidated a concessional loan of $2 billion from the Australian Government, private sector debt and equity funding from the State. The Australian Government also provided a $1.5 billion contribution to the State to partially fund construction of WestConnex.

In August 2018, the NSW Government sold 51 per cent of its stake in Sydney Motorway Corporation for $9.26 billion. At the time of writing, the NSW Government is in the process of selling its remaining 49 per cent stake of Sydney Motorway Corporation.

About this audit

In the course of delivering a complex major infrastructure project, it is reasonable to expect changes to the original design and scope. Changes may occur as the design moves from a high‑level concept to a detailed design for project delivery, as new risks or issues are identified, as demands change, or as other interdependent projects are approved. Changes can also occur in response to potential cost or delivery overruns which arise as a result of planning deficiencies. Where design and scope changes significantly change the project costs and/or expected benefits, the justification for these changes should be robust and transparent.

Following our 2014 performance audit, 'WestConnex: Assurance to the government', the NSW Government established the Infrastructure Investor Assurance Framework (IIAF) to improve accountability and transparency over major projects that are developed, procured, or delivered by government agencies. Under the framework, TfNSW, as project sponsor, is responsible for ensuring the WestConnex project meets all IIAF requirements. These include ensuring the project remains strategically aligned and viable, and benefits are on track. INSW is responsible for coordinating the assurance review process and reporting directly to NSW Cabinet on project delivery against time, budget and risks to project delivery.

The objective of this performance audit is to assess whether TfNSW and INSW effectively assessed and justified major scope changes to the WestConnex project since 2014.

 

Conclusion

Government decisions to separate WestConnex related projects and deliver them outside WestConnex's 2015 business case budget of $16.812 billion has understated the total cost of WestConnex achieving its objectives. The rationale for separating these elements from the WestConnex project scope has not been transparent. Together, these projects represent costs of $4.26 billion funded outside the $16.812 billion WestConnex budget.

Since 2015, the NSW Government has removed several projects from the scope described in the 2015 WestConnex business case, and funded them separately:
  • In mid‑2017, the Sydney Gateway became a separate project outside WestConnex. This project, estimated in 2015 to cost $800 million, now has an estimated cost of $2.56 billion. The project remains partly funded by an $800 million contribution from the $16.812 billion WestConnex budget, with $1.76 billion funded outside the WestConnex budget.
  • In late 2018, the Parramatta Road Urban Amenity Improvement Program became a separate project outside the 2015 WestConnex budget. This project was part of the 2015 WestConnex Business Case and is intended to create urban renewal opportunities around Paramatta Road. It is estimated to cost $198 million.

Work required to integrate WestConnex with existing roads ('network integration') was funded outside the $16.812 billion budget for the November 2015 WestConnex business case. TfNSW is obliged to deliver network integration works to meet the conditions of planning approval for WestConnex. As such, these costs should be included in the WestConnex budget. The current estimated cost of these network integration works is $2.3 billion.

The rationale to exclude or remove each of these elements from the WestConnex project scope has not been transparent, nor supported by robust analysis and justification. These elements are required for WestConnex to achieve its objectives. The additional project costs will also deliver additional benefits not included in the 2015 WestConnex business case. Removing them understates the total cost of achieving the objectives set out in the 2013 and 2015 WestConnex business cases.

WestConnex's complex financing arrangements further reduce transparency on costs.

Transparency over the total cost of WestConnex – including elements funded from other project budgets – is further limited by the project's complex financing arrangements.

Prior to 2018, the Audit Office provided assurance on costs borne and levied by Sydney Motorway Corporation and its controlled entities. Since the NSW Government sold its majority stake in WestConnex in August 2018, the Auditor‑General no longer has the mandate to provide this assurance. Considering this, and the lack of transparency on the cost of projects removed from the WestConnex project scope, there is no transparent or comprehensive view of the total cost to deliver WestConnex – nor of how these cost would be offset by the sale of the government's remaining stake.

There is no 'whole‑of‑program' assurance over the WestConnex program of works. This limits transparency and confidence that WestConnex will meet intended objectives within its budget.

After INSW conducted a gateway review of a draft of the 2015 WestConnex Business Case under the IIAF, the project was broken up into separate components to support staged delivery. Each of these projects, including the Sydney Gateway, as well as the Network Integration Program, underwent the required assurance reviews under the IIAF. INSW also provided monthly progress updates to government. These individual projects are, in themselves, significant in scale and complexity. Addressing them as discrete components for the purposes of the assurance review process is justified and there is no requirement under the IIAF to holistically review projects which together deliver final benefits of the WestConnex program. However, whole‑of‑program review would improve transparency over total costs and benefits.

In 2016, TfNSW revised the design of the M4‑M5 Link and Rozelle to address traffic and integration issues.

TfNSW identified that the concept designs used for the M4‑M5 Link and Rozelle Interchange in the 2015 WestConnex Business Case would not integrate well with surface roads, including the proposed Bays Precinct, and would result in increased traffic on Victoria Road and the ANZAC Bridge. Following a comprehensive review conducted in mid‑2016, TfNSW refined the design of the M4‑M5 Link and Rozelle Interchange to address these limitations without increasing the cost of delivery. TfNSW documented the rationale for the design changes, including how the changes improved on the original design to increase capacity, improve traffic conditions and create more open space.

1. Key findings

Government decisions to fund WestConnex related projects outside of WestConnex's $16.812 billion reported budget have reduced transparency over costs and understate the full cost of WestConnex

In 2015, the work required to integrate WestConnex with existing roads ('network integration') was funded as a separate project with an estimated cost of $1.534 billion outside the 2015 WestConnex budget of $16.812 billion. TfNSW then created the Network Integration Program to respond to the conditions of planning approval for WestConnex. The current estimated cost to deliver all network integration works is $2.3 billion.

Since the 2015 WestConnex Business Case, the NSW Government has removed several elements from the scope of WestConnex and funded them as separate projects, while keeping the published WestConnex budget at an estimated $16.812 billion. Projects removed include:

  • Sydney Gateway, currently costed at $2.56 billion (with an $800 million contribution from WestConnex)
  • Parramatta Road Urban Amenity Improvement Program, costed at $198 million in late 2018 and funded though new funding to the Greater Sydney Commission.

Together, these projects represent costs of $4.26 billion that are not included in the WestConnex budget, but are required for WestConnex to achieve the objectives of the 2013 and 2015 WestConnex Business Cases. The costs of these elements in supporting the objectives of WestConnex is not tracked centrally, and there is no single point of oversight over them. Exhibit 1 compares total WestConnex forecast costs (including related projects) between November 2015 and April 2021.

 

November 2015
($ million)

April 2021
($ million)
WestConnex
Stage 1
Stage 1A (M4 Widening) 497 517
Stage 1B (M4 East) 3,802 3,782
Total 4,299 4,299
Stage 2
King Georges Road Interchange 131 131
New M5 4,335 4,335
Sydney Gateway Contribution 800 800
Total 5,266 5,266
Stage 3
M4‑M5 Link and Rozelle Interchange 7,049 7,049
Urban renewal (Parramatta Road) 198 ‑‑
Urban renewal (Rozelle) ‑‑ 198
Total 7,247 7,247
Total reportable WestConnex 16,812 16,812

Exhibit 1: WestConnex and related projects forecast costs
  November 2015
($ million)
April 2021
($ million)
Related projects
Network integration 1,534 2,300
Urban renewal (Parramatta Road) ‑‑ 198
Sydney Gateway Road Component ‑‑ 1,760
Total 1,534 4,258

Source: AO research.

Many network integration costs are directly attributable to WestConnex and ought to be included in the reported budget for WestConnex

Prior to 2015, the scope of WestConnex included enabling works needed before or during construction, as well as funding for future works to address any adverse traffic outcomes created by WestConnex which become apparent after its opening. These works are also known as network integration works.

When government approved the 2015 WestConnex Business Case, it noted that the project would require $1.534 billion for network integration works to address the impacts of WestConnex on the road network. However, the WestConnex project budget of $16.812 billion did not include funding for network integration works. Instead, Roads and Maritime Services (RMS, now TfNSW) was to fund network integration through its normal budget allocation.

It is important to recognise these costs as part of the total WestConnex project cost because:

  • TfNSW created the Network Integration Program to respond to network traffic and transport elements of the planning conditions of approval for WestConnex granted by the then NSW Department of Planning and Environment under the Environment, Planning and Assessment Act 1979.
  • NSW Treasury guidelines for business cases note that accurate cost estimates include assessment of the financial impact of meeting the conditions of planning approval.
  • Travel time and vehicle operating cost benefits attributed to the WestConnex project in the 2015 WestConnex Business Case assume that some network integration works, then costed at $373 million, were in place.

Refer to Appendix two for more detail on network integration works.

Some of the projects in the WestConnex Network Integration Program provide community and place benefits, such as parklands and cycleways. These benefits have not been attributed to WestConnex. Additionally, some network integration works are likely to deliver additional traffic related benefits to WestConnex. As the Network Integration Program’s primary purpose is to meet the conditions of planning approval for WestConnex, TfNSW should attribute all the costs and benefits of the program to WestConnex.

To September 2021, the total funded cost of the Network Integration Program is approximately $2.077 billion. TfNSW estimates that it will need a further $222 million to complete all expected network integration works.

The NSW Government's decision to separate Sydney Gateway from WestConnex has reduced transparency and accountability for TfNSW's underestimation of the cost of the road component of Sydney Gateway

Sydney Gateway is a high‑capacity connection between the new St Peters Interchange and the Sydney Airport and Port Botany precinct. It includes a road and rail components. The road component was included in the scope of WestConnex in the 2015 WestConnex Business Case. The November 2015 design, which TfNSW costed at $800 million, involved separate roadways from the St Peters Interchange to the International terminal, and to the domestic terminals and Mascot airport precinct.

By October 2016, TfNSW was aware that the $800 million budget for Sydney Gateway was insufficient and revised the forecast cost for the road component to $1.8 billion. The original cost estimate did not sufficiently consider the cost of:

  • constructing a complex design adjacent to the airport precinct
  • obtaining access to land required for the project
  • managing environmental contamination.

On 9 August 2017, the then Minister for WestConnex announced that the Sydney Gateway project was not part of WestConnex.

The 2015 WestConnex Business Case notes that material changes to the WestConnex budget, funding, scope, or timeframe are subject to Cabinet approval processes. It states that, when seeking approval for material changes, the portfolio Minister will make a submission to the relevant Cabinet Committee. Changes in project scope required the approval of the then Cabinet Committee on Infrastructure and should have been endorsed by the WestConnex Interdepartmental Steering Committee.

TfNSW and the NSW Department of Premier and Cabinet (DPC) assert that there is no documentation to support the government’s decision to separate Sydney Gateway from the WestConnex Program, or the WestConnex Interdepartmental Steering Committee's endorsement of a submission to Cabinet seeking approval for the separation.

The established governance processes for major scope changes were not followed in this instance. The lack of transparency regarding government's decision to separate Sydney Gateway from WestConnex also reduces visibility of TfNSW's underestimation of the cost of delivering the road component of Sydney Gateway.

The November 2018 Final Business Case for Sydney Gateway, which was approved by the government, included an estimate of $2.45 billion (nominal outturn cost) for the road component. This estimate included an $800 million contribution from WestConnex. A more recent estimate (late 2020) for this project is $2.56 billion (nominal outturn cost).

The Parramatta Road Urban Amenity Improvement Program should be included as part of the WestConnex budget

A specific objective of the 2015 WestConnex Business Case was the creation of opportunities for urban renewal along and around Parramatta Road. The business case included an allocation of $198 million in the $16.812 billion WestConnex budget for the Parramatta Road Urban Amenity Improvement program, designed to implement aspects of the objective. In November 2018, the NSW Government removed the Parramatta Road Urban Amenity Improvement Program from the WestConnex program of works and reallocated the $198 million (inside the $16.812 billion WestConnex budget) for urban renewal works around the Rozelle Interchange. As part of this decision, government approved new funding of $198 million to the Greater Sydney Commission for the urban amenity program, outside the $16.812 billion WestConnex budget. This understates the cost of WestConnex meeting its objectives by $198 million.

There is no requirement for ongoing ‘whole‑of‑program’ assurance of the WestConnex program of works, including related projects

In August 2015, INSW conducted its first Gateway Review of WestConnex as a program consisting of composite projects. Following that review, TfNSW registered each of the components of WestConnex with INSW as individual projects, rather than keeping WestConnex registered as a program or mega‑project. This is not inconsistent with the IIAF and all WestConnex related projects, including Sydney Gateway and the Network Integration Program, have undergone independent assurance reviews as individual projects under the IIAF.

Once a program like WestConnex is broken down into its composite parts, there is no requirement for the sponsor agency (TfNSW) or INSW to provide independent assurance on the program as a whole until it is completed. This is then done as part of the Gateway review for benefits realisation, which examines whether project benefits are being measured and meet expectations. These individual projects are, in themselves, significant in scale and complexity. While addressing them as discrete components for the purposes of the assurance review process can be justified, the absence of strategic, holistic reviews of WestConnex allows for total costs and benefits to become opaque and avoid scrutiny. Programs of this scale require greater ongoing transparency on total costs and benefits in order to ensure confidence they will meet intended objectives within budget.

There is a lack of public transparency on the total costs and benefits of the WestConnex project

Prior to 2018, the Audit Office provided assurance on costs borne and levied by Sydney Motorway Corporation and its controlled entities. Since the NSW Government sold 51 per cent of its stake in WestConnex in August 2018, the Auditor‑General no longer has the mandate to provide this assurance. The Audit Office is also unable to provide any assurance regarding the performance of tolling concessions.

This means that the total costs of WestConnex, including those levied on road users through tolling, are not reported alongside the full cost of delivering the project. This information, and independent assurance over that information, would provide transparency and context to the outcome of government's sale of its interest in WestConnex.

To enhance the transparency of existing infrastructure assurance processes, government could consider requiring large and complex infrastructure programs to undergo periodic review at a whole‑of‑program level. This could take the form of annual reports to Parliament on the total costs and benefits of selected large and complex projects by the responsible agency. The reports could include an assessment of the cost to government and cost to the community of funding and financing. Independent assurance of the agency report would provide Parliament with greater confidence that infrastructure is delivered economically and providing value for money for the people of NSW.

The Australian National Audit Office provides similar assurance on selected Department of Defence acquisition projects as part of its annual Major Projects Report.

Design enhancements included in the 2015 WestConnex Updated Strategic Business Case were supported by robust analysis

The 2015 WestConnex Business Case contained more detail than the 2013 WestConnex business case. Design enhancements were made as a result of modelling analysis conducted over the two years since the 2013 business case. Enhancements included a full underground link between Kingsgrove and St Peters as part of the New M5 and re‑alignment of the M4‑M5 link tunnel (Stage 3) to include the Rozelle Interchange. The Rozelle Interchange will provide a direct connection to the Anzac Bridge and Victoria Road, and will enable a connection to the proposed Western Harbour Tunnel and Beaches Link. A map and description of these elements can be found at Exhibits 2 and 3 of this report.

In 2016, TfNSW revised the design of the M4‑M5 Link and Rozelle to address traffic and integration issues

As part of preparing the 2015 WestConnex Business Case, TfNSW prepared a Project Definition and Delivery Report (PDDR) for the M4‑M5 Link. This report describes the scope of the project, including a high‑level concept design. TfNSW identified limitations with the proposed design of the M4‑M5 in the PDDR, which it would need to address as the project moved to a detailed design stage. In particular, these limitations included:

  • poor integration with the Bays Precinct masterplan
  • traffic capacity constraints on Victoria Road and Anzac Bridge
  • construction complexity.

Following a comprehensive review in mid‑2016, TfNSW changed the design of the M4‑M5 Link and Rozelle Interchange to address these limitations. These changes included:

  • deletion of the Camperdown intersection to improve traffic conditions on Parramatta Road
  • a fully underground and larger Rozelle Interchange with 10‑hectare dedicated parklands
  • a toll‑free tunnel link from Iron Cove Bridge to Anzac Bridge
  • increasing the lanes in the dual tunnels from three to four each way.

TfNSW documented, but did not publish, the rationale for the design changes, including how the changes addressed the limitations of the previous design while providing increased community benefit through the creation of open space. TfNSW undertook cost comparison studies which estimated that these changes would have a neutral impact on the estimated project cost while achieving the same or improved benefits.

TfNSW's record‑keeping systems for large infrastructure investments negatively impact accountability and transparency

In response to our formal requests for relevant information, made during the conduct of this audit, TfNSW advised that complete and valid records of key decision‑making processes, analysis and advice were unavailable. Additionally, TfNSW often provided information that was incomplete or unverifiable (for instance, unsigned briefing notes). This is not consistent with accepted governance practices and does not comply with the requirements of the State Records Act 1998.

We also requested that TfNSW provide a list of relevant documents held by the Sydney Motorway Corporation (SMC). While TfNSW acknowledged that SMC may hold material relevant to the audit, TfNSW did not have a list or description of these documents. As SMC is now a majority privately held entity, both the Audit Office and TfNSW have limited power to require SMC to provide documentation.

The delivery timeframe for large and complex infrastructure projects such as WestConnex frequently exceeds five years, and some projects can take over a decade to deliver. These projects represent a significant investment of public resources and government agencies should expect independent review and assurance activities such as performance audits. The establishment of dedicated record keeping facilities for major infrastructure projects, such as data rooms, would improve transparency and accountability. This would ensure that the use of public resources is fully auditable in line with public expectations and the requirements of the Government Sector Finance Act 2018, the State Records Act 1998 and the Public Finance and Audit Act 1983.

2. Recommendations

By December 2021, TfNSW should:

1. review the impact of scope changes on project objectives, costs and benefits for complex infrastructure projects

2. when preparing business cases for complex large infrastructure projects, ensure that the estimated costs and benefits of works which are reasonably expected to meet consent conditions are included in the overall project cost and its benefits (as per Treasury guidelines)

3. establish and maintain centralised and project‑specific record keeping, including through dedicated project data rooms, to ensure major infrastructure projects can readily be subject to external oversight and assurance.

By June 2022, INSW should:

4. provide transparent whole‑of‑program assurance on total costs and benefits throughout the project life‑cycle when complex projects are split into sub‑projects.

By June 2022, NSW Government should:

5. consider enhancing the public transparency of existing infrastructure assurance processes by requiring that large complex infrastructure programs undergo periodic review at a whole‑of‑program level. This could take the form of reports to Parliament on the total costs and benefits on selected large and complex projects by the responsible agency, including cost to government and cost to community of funding and financing, as well as an accompanying independent assessment of the agency report.

Following our 2014 performance audit report 'WestConnex: Assurance to the government', the NSW Government established the Infrastructure Investor Assurance Framework (IIAF). INSW is responsible for the development, implementation and administration of the IIAF. The assurance framework involves gateway reviews, health checks, deep dive reviews, and project monitoring and reporting at various stages in the lifecycle of a project. The main aims of the IIAF are to help ensure major infrastructure projects are delivered on time and on budget, and to ensure that reports are regularly monitored by the Cabinet of the NSW Government. The IIAF gateway review process is compulsory for all significant investments and expenditure under the NSW Treasury Gateway Policy.

In accordance with the IIAF, INSW is responsible for the following:

  • providing a dedicated Assurance Team including Gateway Review Managers to coordinate Reviews
  • determining appropriate expert reviewers, and manages scheduling, commissioning and administration of Assurance Review reports. Infrastructure NSW is independent of the Expert Review Team
  • monitoring Tier 1 – High Profile/High Risk projects, Tier 2 and Tier 3 (if required) project performance through independent Assurance Reviews
  • providing independent analysis and advice on key risks and any corrective actions recommended for Tier 1 – High Profile/High Risk, Tier 2 and Tier 3 projects
  • escalating projects to Infrastructure Investor Assurance Committee (IIAC) and Cabinet where projects present ‘red flag issues’ and where corrective action is needed
  • working with delivery agencies to register all capital projects with an estimated cost greater than $10.0 million and ensures they are risk profiled and assigned a risk‑based project tier with an endorsed IIAF Project Registration report
  • preparing forward looking annual Cluster Assurance Plans
  • maintaining and continuously improves the IIAF process
  • reporting to the IIAC, Cabinet and Infrastructure NSW Board
  • regularly report to NSW Treasury on the performance of the IIAF.

In relation to WestConnex, TfNSW is the sponsor agency responsible for meeting relevant IIAF requirements, including:

  • registering and risk profiling projects
  • IIAF gateway, health check, and deep dive assurance reviews
  • regular reporting.

Under the IIAF, it is mandatory for all capital projects valued over $10.0 million to be registered with INSW. Capital projects can be registered either as a program (comprising of a group of related projects or activities) or as a project (which may or may not be part of a program).

According to the IIAF, programs tend to have a lifespan of several years and aim to deliver outcomes and benefits related to an organisation's strategic objectives. Projects tend to have a shorter lifespan, and deal with outputs. Projects can, however, be grouped under a single program if they are similar in nature or if they are aimed at collectively achieving a strategic objective. Complex projects can be delivered in multiple stages, under different contracts, and across different time periods.

The last assurance review of the entire WestConnex program of works as a whole was in 2015

INSW conducted the first IIAF gateway review of WestConnex in August 2015. TfNSW developed a draft WestConnex Updated Strategic Business Case to consolidate the latest analysis on WestConnex, and to confirm that the project remained fit for purpose, economically viable, and financially deliverable. The review followed a recommendation in our 2014 performance audit report that business cases be thoroughly revisited.

During September 2015, INSW conducted additional informal reviews to identify strategic risks associated with public release of the WestConnex business case. Subsequently, INSW gave the Premier of NSW its views on the draft business case, including the following points:

  • The $398 million budget for Sydney Gateway was insufficient to meet the benefits claimed in the business case for a ‘functional’ connection to Sydney Airport and Port Botany. INSW studies indicate a future‑proof solution would require a minimum spend of $755 million.
  • Enabling works for WestConnex estimated at $1.534 billion were excluded from the cost of WestConnex. Significant work remained for RMS to identify mitigation measures to address planning approvals and network performance issues.
  • Enabling works (a Southern Connector), an access ramp and surface road improvements within St Peters were excluded from the draft 2015 business case despite their inclusion in the WestConnex scope in the 2014–15 State Budget.
  • The overall cost of works not funded within the WestConnex budget ranged from $2.011 billion to $2.196 billion. This included the enabling works, access ramp and surface road improvements and the shortfall for Sydney Gateway.

All WestConnex related projects, including Sydney Gateway have undergone independent assurance reviews under the IIAF

Since INSW submitted the first WestConnex progress update report to Cabinet in June 2015, INSW has been reporting monthly on the different stages of the WestConnex Program, including Sydney Gateway, as the projects were registered with INSW as High‑Profile, High‑Risk projects. Separate reporting enabled INSW to report and review each stage with more detailed scrutiny, compared to the reporting and reviewing at a program level.

WestConnex Stage 2 (New M5) underwent both mandatory and non‑mandatory reviews at key points in the project lifecycle. Three mandatory gateway reviews – at Gate 2 (Final business case), Gate 3 (Readiness for market), and Gate 4 (Tender evaluation) – were conducted by TfNSW before the introduction of IIAF. Four non‑mandatory health check reviews and one non‑mandatory deep dive review were conducted after the introduction of the IIAF managed by INSW.

Similarly, WestConnex Stage 3 projects – M4‑M5 link, M4‑M5 Tunnels, and Rozelle Interchange – also underwent mandatory and non‑mandatory reviews at key points in their lifecycle under IIAF.

The M4‑M5 Link had two mandatory gateway reviews and one non‑mandatory health check review under IIAF. These reviews were conducted before Stage 3 was split into two stages, due to major design changes to the Rozelle Interchange and the M4‑M5 tunnels.

The M4‑M5 tunnels had two mandatory gateway reviews (at Gates 3 and 4), one non‑mandatory health check review, and one non‑mandatory deep dive review under IIAF.

Rozelle Interchange also underwent three mandatory gateway reviews at Gate 3 (part 1), Gate 3 (part 2), and Gate 4, two non‑mandatory health check reviews, and one non‑mandatory deep dive review under IIAF.

Since mid‑2017, the Sydney Gateway project has undergone required independent assurance reviews, as well as a number of optional assurance reviews

In November 2016, INSW conducted a mandatory Gate 1 gateway review on a strategic business case for the Sydney Gateway Project. TfNSW did not proceed with this business case. Following the separation of Sydney Gateway from WestConnex in mid‑2017, TfNSW developed a new business case for Sydney Gateway. It has undergone the required Gate 1, Gate 2, and Gate 3 gateway reviews, as well as two non‑mandatory health check reviews, and three non‑mandatory deep dive reviews under IIAF.

Network integration works have undergone all IIAF required assurance reviews

TfNSW completed a strategic business case for the Network Integration Program in August 2020, and INSW completed a gateway review in November 2020. This is despite network integration projects starting as early as 2015, with $645 million having been spent by June 2020. The strategic business case included a prioritisation process for completing remaining works in the program. Prior to November 2020, TfNSW registered individual network integration projects with INSW, and these projects have undergone gateway reviews where required.

The Network Integration Program strategic business case does not include Rozelle interchange network integration works ($353 million) and additional network integration works to settle a contractor claim adjacent to St Peters Interchange ($190 million). These were excluded from the business case on the basis they had already been approved by government, and as such were not subject to the prioritisation elements of the business case. TfNSW has not developed separate business cases for these works, although the scope of the St Peters Interchange works was developed through a negotiated process.

TfNSW did not prepare business cases for some network integration works which have commenced, including the $323 million Campbell Road/Euston Road works

Prior to its development of the August 2020 strategic business case, TfNSW did not prepare business cases for many network integration works that have commenced, and in some instances were completed, before 2019. Significantly, TfNSW did not prepare a business case for the Campbell Road/Euston Road works, which cost $323 million and have been completed.

In 2016, TfNSW’s Business Case Policy requires the creation of business cases for capital projects costing over $1.0 million. At the time of writing this report, TfNSW’s draft policy requires full business cases for capital projects costing $10.0 million or more.

There is no requirement for ongoing ‘whole‑of‑program’ assurance of the WestConnex program of works, including related projects

INSW conducted its first gateway review of WestConnex (as a program, which consisted of composite projects) in August 2015. Following that review, TfNSW registered each of the components of WestConnex with INSW as individual projects, rather than keeping WestConnex registered as a program or complex project. The IIAF allows this to occur.

Separate registration enabled INSW to report and review each stage with more scrutiny compared to whole‑of‑program level review.

Such an approach has merit, considering the individual stages (and components of these stages) are multi‑million dollar works in their own right. Each project has its own timing for gateway reviews at stages such as 'Readiness for Market' and 'Tender Evaluation'.

Once a program such as WestConnex is broken down into its composite parts, there is no requirement for the sponsor agency (TfNSW) or INSW to conduct independent assurance on the program of works as a whole until the whole program is completed as part of the Benefits Realisation (Gate 6) gateway review. The absence of strategic, holistic reviews of projects of the scale and complexity such as WestConnex during their delivery allows for total costs and benefits to become opaque and avoid scrutiny. Projects of this scale require greater ongoing transparency on total costs and benefits in order to ensure confidence they will meet intended objectives within budget.

INSW has advised us that it has prepared a proposal to expand its assurance function to include whole‑of‑program review of inter‑related infrastructure projects.

Appendix one – Responses from agencies

Appendix two – Network integration works

Appendix three – About the audit

Appendix four – 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 #351 - released (17 June 2021).

Published

Actions for Acquisition of 4–6 Grand Avenue, Camellia

Acquisition of 4–6 Grand Avenue, Camellia

Transport
Asset valuation
Compliance
Fraud
Infrastructure
Internal controls and governance
Management and administration
Procurement
Risk

The Auditor-General for New South Wales, Margaret Crawford, has today released a report on Transport for NSW’s (TfNSW) acquisition of 4–6 Grand Avenue in Camellia.

This audit, which was requested on 17 November 2020 by the Hon. Andrew Constance MP, the Minister for Transport and Roads, examined:

  • whether TfNSW conducted an effective process to purchase 4–6 Grand Avenue, Camellia
  • whether TfNSW has effective processes and procedures to identify and acquire property required to deliver the NSW Government’s major infrastructure projects.

The audit found that TfNSW conducted an ineffective process when it purchased 4–6 Grand Avenue, Camellia. The audit also found that TfNSW’s internal policies and procedures to guide the transaction were, and continue to be, insufficient.

The Auditor-General has made seven recommendations to address the issues identified in the report.

On 17 November 2020, the Hon. Andrew Constance MP, the Minister for Transport and Roads, requested this audit under section 27B(3)(c) of the Public Finance and Audit Act 1983.

On 15 June 2016, Transport for New South Wales (TfNSW) acquired 6.3 hectares of land at 4–6 Grand Avenue, Camellia, by agreement from Grand 4 Investments Pty Ltd. Grand 4 Investments was a business entity established by the owners of Billbergia Pty Ltd, a property development and investment company.

TfNSW paid Grand 4 Investments $53.5 million and assumed liability for addressing environmental issues and contamination associated with the site. This took place seven months after the vendor acquired the land as part of a competitive Expression of Interest process, in which TfNSW also participated, for $38.15 million.

TfNSW is the NSW Government agency responsible for most major transport infrastructure projects in New South Wales. TfNSW acquired the Camellia site for use as a stabling and maintenance depot to support the Parramatta Light Rail (PLR) project.

Consistent with the minister’s request, this audit assessed:

  • whether TfNSW conducted an effective process to purchase 4–6 Grand Avenue, Camellia
  • whether TfNSW has effective processes and procedures to identify and acquire property required to deliver the NSW Government’s major infrastructure projects.

In considering the effectiveness of the processes for this purchase, the audit considered:

  • the requirements of the Land Acquisition (Just Terms Compensation) Act 1991 (the Act)
  • the application of sound processes to manage risk to the NSW Government and to achieve value for money
  • the application of disciplines associated with complex procurement, such as probity, in a NSW Government context.
The acquisition of the 4–6 Grand Avenue site in Camellia was consistent with a 2014 feasibility study for the PLR, but occurred before the completion of detailed project planning or an acquisition strategy.

TfNSW made two attempts to acquire the 4–6 Grand Avenue site in Camellia, and was successful on the second attempt. TfNSW recognised the risks associated with early acquisition and had high-level strategies in place should the site not be required.

The specific site had been identified in a feasibility study for the PLR commissioned by TfNSW in 2014 as one of several options in Camellia for a stabling and maintenance depot. However, TfNSW had not done any substantive analysis of the various options to identify a preferred location before the two opportunities to acquire 4–6 Grand Avenue were brought to TfNSW’s attention by the landowners (or their agents). On both occasions, TfNSW chose to actively pursue acquisition in advance of any such analysis.

The acquisition was also not informed by a Property Acquisition Strategy, which TfNSW policy recommends in order to guide the process and manage acquisition specific risks.

In 2015, TfNSW identified that it would require a stabling and maintenance depot in the Camellia area for the Parramatta Light Rail

In 2014, TfNSW commissioned an external engineering consultancy to undertake a feasibility design study for the Parramatta Light Rail - the Parramatta Transport Corridor Strategy Feasibility Design study (herein referred to as ‘the feasibility study’). In early 2015, TfNSW received the feasibility study, which was one of several key sources that informed the development of business cases for the PLR.

The feasibility study recommended that TfNSW should consolidate the maintenance and cleaning operations with overnight stabling facilities on one site. The study noted that the optimal location for any such site would be in close proximity to the proposed network, and noted that the site must have access to road connections to accommodate access for cars and trucks.

The study found that a centrally located stabling and maintenance facility would be required for all routes serving the Parramatta CBD, and that the Camellia industrial area was a preferred location for such a facility. The study noted that the Camellia area was contaminated.

The feasibility study notes that its conclusions were based on assumptions about the light rail system adopted and decisions made by the future operator of the system, who had not yet been selected or appointed.

TfNSW's decision to progress a potential acquisition in 2015 considered the risk that the site may not be required

TfNSW's FIC was responsible for making decisions on funding allocations at a whole of program level within TfNSW. FIC was also responsible for approving ‘high-risk/high-value’ variations to program budgets. Members of the FIC included:

  • Secretary of Transport for NSW
  • Deputy Secretary, Infrastructure and Services
  • Deputy Secretary, Freight, Strategy and Planning
  • Deputy Secretary, Customer Services
  • Deputy Secretary Finance and Investment
  • Deputy Secretary People and Corporate Services.

An April 2015 submission, from the then Deputy Director-General to the agency’s FIC, sought authorisation and funding approval to participate in an Expression of Interest sale process. It noted the risk that the project may not go ahead. The submission advised that:

By acquiring a strategic site now, it reduces the risk of having to pay an improved value or a value that may be subject to rapidly improving land values due to changes in land use and rezoning.

The property can be acquired for the project, held strategically and income generated by leasing the site as hardstand 1 space until the project requires the land for the Parramatta Light Rail project.

If the project does not proceed in the medium to longer term, the property can be sold at a premium to what has been paid today as property fundamentals improve.

This submission acknowledged the risks associated with environmental contamination and proposed that these risks would be managed by negotiating a contract where the remediation and associated expenses would be at the landowner’s cost. 

TfNSW assessed the 4–6 Grand Avenue site as one of several sites in Camellia that was a feasible location for a stabling and maintenance facility

The Departmental feasibility study assessed six potential sites for a stabling and maintenance facility, including 4–6 Grand Avenue, noting strengths and weaknesses of each site. A different site on Grand Avenue was assessed as the ‘base case’ option (1 Grand Avenue). The study’s comments on the 4–6 Grand Avenue site included the following:

With an area of approximately 63,000m2, this site has sufficient space for a depot with the required stabling yard and maintenance facilities. The location allows for good road access and LRT [light rail transit] access would be from Grand Avenue, which may require a road crossing or signalised intersection. The site has been used for general industrial uses; however the land has been cleared and is currently undergoing remediation 2. The site is not affected by flooding based on one in 100-year flood data.

In early 2015, once the opportunity to acquire 4–6 Grand Avenue emerged, TfNSW commissioned a specific feasibility study of the 4–6 Grand Avenue site. The feasibility studies clearly documented the existence of environmental contamination. In April 2015, the report concluded:

Given the limitations of this report and within the parameters that have been set it is concluded that from a spatial and geographic perspective the site at 6 Grand Avenue would be suitable as a stabling and maintenance depot for the Parramatta light rail project. There are few engineering and environmental constraints that would affect the feasibility level analysis of this site and all issues identified, within this desk study, are considered to be resolvable. However this being said there is a significant amount of work necessary to reach the final layout and definition of the stabling and maintenance depot. There are numerous items which require further consideration and conformation; planning approvals could impose restrictions on building heights, noise mitigation measures, light and visual impact requirements all of which can have significant impacts on the spatial requirements of any stabling and maintenance depot. 

The acquisition of 4–6 Grand Avenue was not informed by a Property Acquisition Strategy

For major projects, TfNSW typically requires the project team to complete a Property Acquisition Strategy, which is intended to guide both process as well as specific acquisition issues expected to be faced during the project. The Property Acquisition Strategy is not a mandated document but is a recommended tool to support property acquisition as part of major projects.

TfNSW did not have a Property Acquisition Strategy in place to guide the 2015 Expression of Interest process. On 6 November 2015, the then Project Director for the PLR project emailed the property team, noting a need to develop a Property Acquisition Strategy to close off the scoping design and preliminary business case.

In January 2016, TfNSW developed a draft Property Acquisition Strategy for the Parramatta Light Rail Project, although it was silent on the potential sites for the stabling and maintenance facility.

TfNSW focussed on 4–6 Grand Avenue because it was available and aligned to TfNSW's strategic interests

In early 2015, officials commenced monitoring the market for industrial real estate in the Camellia area and surrounds for possible sites for a stabling and maintenance facility.

In March 2015, then owner of the site, Akzo Nobel Pty Limited released the 4–6 Grand Avenue site through an Expression of Interest process managed by CBRE.

TfNSW’s then Deputy Director-General, Planning, sought approval from FIC to lodge an Expression of Interest up to $30.0 million. Approval was sought on the basis that it would ‘provide certainty for the Parramatta Light Rail project by allowing for a depot site in a suitable location and potentially avoid higher costs or longer timeframes associated with compulsory acquisition following completion of the project’s business case’. FIC approved the request at its meeting on 9 April 2015.

At this time, TfNSW had not conducted any analysis of financial or operational benefits and costs of the potential sites identified in earlier feasibility studies. TfNSW staff advised us that the decision to participate in the Expression of Interest process for 4–6 Grand Avenue was because it was available. There is no documentation substantiating this statement, which TfNSW staff provided verbally as part of this audit.

In November 2015, TfNSW was advised that it was unsuccessful in the Expression of Interest process and that Grand 4 Investments (a related entity of Billbergia) had purchased 4–6 Grand Avenue. TfNSW did not conduct any further analysis of alternative potential sites in Camellia between this date and commencing discussions with Grand 4 Investments in April 2016. In that time there had been some movement on other properties that were included in the feasibility study, including 37–39a Grand Avenue being under offer in September 2015.

In March 2016, TfNSW approached CBRE to organise a meeting with Grand 4 Investments. On 1 April 2016, TfNSW met with Grand 4 Investments.

TfNSW advises that a perceived benefit of the 4–6 Grand Avenue site was that it was not subject to other uses or leaseholds that would increase the cost of compulsory acquisition. Officers involved in the acquisition advised that other nominated sites in the feasibility study were subject to other uses or leaseholds. 


1  A hardstand space is a large, paved area to store cars, heavy vehicles and machinery.
2  Officers familiar with the acquisition could not confirm the nature of remediation being undertaken, but noted that the previous landowner had cleared buildings from the site, which may have been considered part of remediation.
TfNSW's independent valuation, which it commissioned and received after the acquisition, specifically excluded consideration of environmental contamination risk. As a result, TfNSW is exposed to the risk that the acquisition was not fully compliant with the Land Acquisition (Just Terms Compensation) Act 1991 (the Act) because it did not use an accurate estimate of market value during negotiations. That said, the acquisition of 4–6 Grand Avenue by agreement was consistent with preferred processes described in the Act.

TfNSW acquired the site from the landowner by agreement, and this is consistent with provisions in the Act. Obtaining approval for compulsory acquisition should negotiations for agreement break down is also consistent with the Act. That said, TfNSW did not at any time assess whether a compulsory acquisition could have resulted in acquisition at a lower cost than what was negotiated by agreement.

Despite the high risks associated with the acquisition, TfNSW did not commission a formal valuation in time to inform the negotiation and purchase. Instead, TfNSW relied on internal advice to estimate market value, but did not obtain a formal valuation from those advisors. For high-risk transactions, the greater expertise and arm's-length independence of an external specialist valuer should be preferred over an agency's own staff.

On 15 June 2016, the settlement date for the acquisition, TfNSW commissioned a formal independent valuation of the site. On 23 November 2016, TfNSW received the final formal valuation report. By not obtaining a formal independent valuation of the property in advance of acquisition to inform the acquisition value, TfNSW exposed itself to non-compliance with the Act by not establishing the market value as the basis for the acquisition price. TfNSW also breached its own internal policies.

TfNSW instructed the valuer to conduct its valuation within the following parameters:

  • Market valuation on an ‘as is’ basis – market value based on the methodology described in the Act. This approach valued the site at $25.0 million.
  • Market valuation on a speculative development basis – market value based on the financial value of the vendor's intended use of the site which, in this case, involved leasing the site for industrial use. This approach valued the site at $52.0 million, and TfNSW advised us this valuation supported the purchase price.
  • Disregard the impact of environmental contamination – TfNSW specifically instructed the independent valuer to disregard any known (or unknown) site contamination. As TfNSW knew of the significant environmental contamination affecting the site, this parameter resulted in a valuation that overstated the value of the site as it did not consider the cost of environmental remediation. The valuer applied this assumption for both market valuation approaches.

Additionally, as the independent valuer completed the valuation after the purchase was finalised, there is a risk that the valuation may have been influenced by the known purchase price.

TfNSW's failure to acquire a formal valuation and an assessment of the financial impact of environmental remediation before it purchased 4–6 Grand Avenue represents ineffective administration and governance.
TfNSW acquired the site at a time when there was demand and increasing prices for industrial property in the area. However, TfNSW did not effectively assess and manage the risks associated with the acquisition, and gaps in process led to increased risk. Briefings to decision-makers did not contain important information, and we found no evidence that gaps in advice were queried or explored by decision-makers.

TfNSW did not have plans or advice in place to assist in managing risk, such as:

  • a property acquisition plan
  • a comprehensive and up-to-date risk management plan
  • a negotiation strategy, or any authorisation limit or minimal acceptable position
  • an independent professional evaluation
  • external expert advice (with the exception of legal advice relating to the contract of sale).

TfNSW was aware of contamination issues affecting the land and had access to considerable information about the environmental conditions, such as site environmental audit reports and information on the NSW Environment Protection Authority's contaminated land register. However, TfNSW had not analysed specific technical information about the contamination and therefore was not aware of the risk implications and cost for remediation. Despite this, TfNSW changed its position from not accepting the risks and costs of contamination, to acquiring the site unconditionally. The basis for this decision is unclear and undocumented.

Briefing to senior leaders on the acquisition was silent on a number of important matters that would have been important for approvers to consider, including:

  • an explanation of the 40 per cent increase in purchase price between November 2015 and May 2016, and a 165 per cent increase from TfNSW’s offer in April 2015
  • the contamination risks associated with the site and an evidence-based estimate of potential costs to remediate the site
  • advice that an independent valuation had not been obtained, inconsistent with TfNSW policy.

Consideration of the acquisition by FIC was based on a summary business paper and was managed out-of-session, thereby removing the ability for comprehensive consideration of the acquisition proposal and its risks.

The probity management controls and assurances in place for the acquisition of the 4–6 Grand Avenue site were insufficient. These insufficiencies were exacerbated by the probity risk profile of the transaction.

The 4–6 Grand Avenue acquisition was a high-risk/high-value transaction, undertaken in a volatile property market in a short timeframe under pressure from Grand 4 Investments. TfNSW was engaging in a direct negotiation in advance of detailed planning for the acquisition, or the PLR as a whole. These circumstances contribute to heightened probity risk.

TfNSW did not establish a probity plan and sought no probity support throughout the acquisition. Also, with one exception, the staff involved in the acquisition did not complete conflict of interest declarations.

TfNSW was aware of the potential for probity or integrity issues with the transaction when it commissioned an internal audit in connection with the transaction in 2019. Internal discussions considered whether a misconduct investigation may be more appropriate, however no such investigation was undertaken.

TfNSW's insufficient probity practices, in addition to its failure to keep complete or comprehensive records of negotiations or decisions, reduce transparency of the process and its outcome and expose TfNSW to a greater risk of misconduct, corruption and maladministration.

At the time of the transaction, the TfNSW policy framework was not sufficiently risk-focussed and did not provide clarity on when officers ought to apply specific guidance or procedures. TfNSW's policies and procedures are more focussed on acquiring land to meet project needs and timeframes, and less on assuring value for money and managing risks.

At the time of its acquisition of 4–6 Grand Avenue, TfNSW had property acquisitions policies and procedures in place. Each of these were broadly sound in their content and intent. However, they lacked specificity on how or when to apply guidance, and when risk levels should elevate the importance of recommended guidance.

TfNSW's key guidance was principles based and relied on agency staff using their experience and expertise to apply guidance according to the circumstances of an individual transaction. This guidance was not duly applied in the acquisition of 4–6 Grand Avenue, Camellia. In addition, TfNSW does not have quality or control assurance to identify when TfNSW officers did not apply important policies or processes.

The primary focus of the TfNSW’s property acquisition guidance is to achieve vacant possession of land in a timeframe that meets the need of the relevant transport project. There is less specific focus on the need to meet the requirements of the NSW Government financial management framework.

Appendix one – Response from agency 

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 #349 - released (18 May 2021).

Published

Actions for CBD South East Sydney Light Rail: follow-up performance audit

CBD South East Sydney Light Rail: follow-up performance audit

Transport
Infrastructure
Internal controls and governance
Management and administration
Procurement
Project management
Risk
Service delivery

This is a follow-up to the Auditor-General's November 2016 report on the CBD South East Sydney Light Rail project. This follow-up report assessed whether Transport for NSW has updated and consolidated information about project costs and benefits.

The audit found that Transport for NSW has not consistently and accurately updated project costs, limiting the transparency of reporting to the public.

The Auditor-General reports that the total cost of the project will exceed $3.1 billion, which is above the revised cost of $2.9 billion published in November 2019. $153.84 million of additional costs are due to omitted costs for early enabling works, the small business assistance package and financing costs attributable to project delays.

The report makes four recommendations to Transport for NSW to publicly report on the final project cost, the updated expected project benefits, the benefits achieved in the first year of operations and the average weekly journey times.

Read full report (PDF)

The CBD and South East Light Rail is a 12 km light rail network for Sydney. It extends from Circular Quay along George Street to Central Station, through Surry Hills to Moore Park, then to Kensington and Kingsford via Anzac Parade and Randwick via Alison Road and High Street.

Transport for NSW (TfNSW) is responsible for planning, procuring and delivering the Central Business District and South East Light Rail (CSELR) project. In December 2014, TfNSW entered into a public private partnership with ALTRAC Light Rail as the operating company (OpCo) responsible for delivering, operating and maintaining the CSELR. OpCo engaged Alstom and Acciona, who together form its Design and Construct Contractor (D&C).

On 14 December 2019, passenger services started on the line between Circular Quay and Randwick. Passenger services on the line between Circular Quay and Kingsford commenced on 3 April 2020.

In November 2016, the Auditor-General published a performance audit report on the CSELR project. The audit found that TfNSW would deliver the CSELR at a higher cost with lower benefits than in the approved business case, and recommended that TfNSW update and consolidate information about project costs and benefits and ensure the information is readily accessible to the public.

In November 2018, the Public Accounts Committee (PAC) examined TfNSW's actions taken in response to our 2016 performance audit report on the CSELR project. The PAC recommended that the Auditor-General consider undertaking a follow-up audit on the CSELR project. The purpose of this follow-up performance audit is to assess whether TfNSW has effectively updated and consolidated information about project costs and benefits for the CSELR project.

Conclusion

Transport for NSW has not consistently and accurately updated CSLER project costs, limiting the transparency of reporting to the public. In line with the NSW Government Benefits Realisation Management Framework, TfNSW intends to measure benefits after the project is completed and has not updated the expected project benefits since April 2015.

Between February 2015 and December 2019, Transport for NSW (TfNSW) regularly updated capital expenditure costs for the CSELR in internal monthly financial performance and risk reports. These reports did not include all the costs incurred by TfNSW to manage and commission the CSELR project.

Omitted costs of $153.84 million for early enabling works, the small business assistance package and financing costs attributable to project delays will bring the current estimated total cost of the CSELR project to $3.147 billion.

From February 2015, TfNSW did not regularly provide the financial performance and risk reports to key CSELR project governance bodies. TfNSW publishes information on project costs and benefits on the Sydney Light Rail website. However, the information on project costs has not always been accurate or current.

TfNSW is working with OpCo partners to deliver the expected journey time benefits. A key benefit defined in the business plan was that bus services would be reduced owing to transfer of demand to the light rail - entailing a saving. However, TfNSW reports that the full expected benefit of changes to bus services will not be realised due to bus patronage increasing above forecasted levels.

Appendix one – Response from agency

Appendix two – Governance and reporting arrangements for the CSELR

Appendix three – 2018 CSELR governance changes

Appendix four – About the audit

Appendix five – 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 #335 - released 11 June 2020

Published

Actions for Train station crowding

Train station crowding

Transport
Management and administration
Risk
Service delivery
Workforce and capability

This report focuses on how Transport for NSW and Sydney Trains manage crowding at selected metropolitan train stations.

The audit found that while Sydney Trains has identified platform crowding as a key strategic risk, it does not have an overarching strategy to manage crowding in the short to medium term. Sydney Trains 'do not have sufficient oversight to know if crowding is being effectively managed’, the Auditor-General said.

Sydney Trains' operational response to crowding involves restricting customer access to platforms or station entries before crowding reaches unsafe levels or when it impacts on-time running. Assuming rail patronage increases, it is likely that Sydney Trains will restrict more customers from accessing platforms or station entries, causing customer delay. ‘Restricting customer access to platforms or station entries is not a sustainable approach to manage station crowding’, said the Auditor-General.

The Auditor-General made seven recommendations to improve Transport for NSW and Sydney Trains' management of station crowding. Transport for NSW have accepted these recommendations on behalf of the Transport cluster.

Public transport patronage has been impacted by COVID-19. This audit was conducted before these impacts occurred.

Read full report (PDF)

Sydney Trains patronage has increased by close to 34 per cent over the last five years, and Transport for NSW (TfNSW) expects the growth in patronage to continue over the next 30 years. As patronage increases there are more passengers entering and exiting stations, moving within stations to change services, and waiting on platforms. As a result, some Sydney metropolitan train stations are becoming increasingly crowded.

There are three main causes of station crowding:

  • patronage growth exceeding the current capacity limits of the rail network
  • service disruptions
  • special events.

Crowds can inhibit movement, cause discomfort and can lead to increased health and safety risks to customers. In the context of a train service, unmanaged crowds can affect service operation as trains spend longer at platforms waiting for customers to alight and board services which can cause service delays. Crowding can also prevent customers from accessing services.

Our 2017 performance audit, ‘Passenger Rail Punctuality’, found that rail agencies would find it hard to maintain train punctuality after 2019 unless they significantly increased the capacity of the network to carry trains and people. TfNSW and Sydney Trains have plans to improve the network to move more passengers. These plans are set out in strategies such as More Trains, More Services and in the continued implementation of new infrastructure such as the Sydney Metro. Since 2017, TfNSW and Sydney Trains have introduced 1,500 more weekly services to increase capacity. Additional network capacity improvements are in progress for delivery from 2022 onwards.

In the meantime, TfNSW and Sydney Trains need to use other ways of managing crowding at train stations until increased capacity comes on line.

This audit examined how effectively TfNSW and Sydney Trains are managing crowding at selected metropolitan train stations in the short and medium term. In doing so, the audit examined how TfNSW and Sydney Trains know whether there is a crowding problem at stations and how they manage that crowding.

TfNSW is the lead agency for transport in NSW. TfNSW is responsible for setting the standard working timetable that Sydney Trains must implement. Sydney Trains is responsible for operating and maintaining the Sydney metropolitan heavy rail passenger service. This includes operating, staffing and maintaining most metropolitan stations. Sydney Trains’ overall responsibility is to run a safe rail network to timetable.

Conclusion

Sydney Trains has identified platform crowding as a key strategic risk, but does not have an overarching strategy to manage crowding in the short to medium term. TfNSW and Sydney Trains devolve responsibility for managing crowding at stations to Customer Area Managers, but do not have sufficient oversight to know if crowding is being effectively managed. TfNSW is delivering a program to influence demand for transport in key precincts but the effectiveness of this program and its impact on station crowding is unclear as Transport for NSW has not evaluated the outcomes of the program.

TfNSW and Sydney Trains do not directly measure or collect data on station crowding. Data and observation on dwell time, which is the time a train waits at a platform for customers to get on and off trains, inform the development of operational approaches to manage crowding at stations. Sydney Trains has KPIs on reliability, punctuality and customer experience and use these to indirectly assess the impact of station crowding. TfNSW and Sydney Trains only formally assess station crowding as part of planning for major projects, developments or events.

Sydney Trains devolve responsibility for crowd management to Customer Area Managers, who rely on frontline Sydney Trains staff to understand how crowding affects individual stations. Station staff at identified key metropolitan train stations have developed customer management plans (also known as crowd management plans). However, Sydney Trains does not have policies to support the creation, monitoring and evaluation of these plans and does not systematically collect data on when station staff activate crowding interventions under these plans.

Sydney Trains stated focus is on providing a safe and reliable rail service. As such, management of station crowding is a by-product of its strategies to manage customer safety and ensure on-time running of services. Sydney Trains' operational response to crowding involves restricting customer access to platforms or stations before crowding reaches unsafe levels, or when it impacts on-time running. As rail patronage increases, it is likely that Sydney Trains will need to increase its use of interventions to manage crowding. As Sydney Trains restrict more customers from accessing platforms or station entries, it is likely these customers will experience delays caused by these interventions.

Since 2015, TfNSW has been delivering the 'Travel Choices' program which aims to influence customer behaviour and to manage the demand for public transport services in key precincts. TfNSW is unable to provide data demonstrating the overall effectiveness of this program and the impact the program has on distributing public transport usage out of peak AM and PM times. TfNSW and Sydney Trains continue to explore initiatives to specifically address crowd management.

Conclusion

TfNSW and Sydney Trains do not directly measure or collect data on station crowding. There are no key performance indicators directly related to station crowding. Sydney Trains uses performance indicators on reliability, punctuality and customer experience to indirectly assess the impact of station crowding. Sydney Trains does not have a routine process for identifying whether crowding contributed to minor safety incidents. TfNSW and Sydney Trains formally assess station crowding as part of planning for major projects, developments or events.

 

Conclusion

Sydney Trains has identified platform crowding as a strategic risk but does not have an overarching strategy to manage station crowding. Sydney Trains' stated focus is on providing a safe and reliable rail service. As such, management of station crowding is a by-product of its strategies to manage customer safety and ensure on-time running of services.

Sydney Trains devolve responsibility for managing crowding at stations to Customer Area Managers but does not have sufficient oversight to know that station crowding is effectively managed. Sydney Trains does not have policies to support the creation, monitoring or evaluation of crowd management plans at key metropolitan train stations. The use of crowding interventions is likely to increase due to increasing patronage, causing more customers to experience delays directly caused by these activities.

TfNSW and Sydney Trains have developed interventions to influence customer behaviour and to manage the demand for public transport services but are yet to evaluate these interventions. As such, their impact on managing station crowding is unclear.

Appendix one – Response from agency

Appendix two – Sydney rail network

Appendix three – Rail services contract

Appendix four – Crowding pedestrian modelling

Appendix five – Airport Link stations case study

Appendix six – About the audit

Appendix seven – 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 #333 - released 30 April 2020

 

Published

Actions for Family and Community Services 2018

Family and Community Services 2018

Community Services
Compliance
Financial reporting
Information technology
Management and administration
Project management
Risk
Service delivery
Workforce and capability

The Auditor-General for New South Wales, Margaret Crawford released her report today on the Family and Community Services cluster. The report focuses on key observations and findings from the most recent financial audits of agencies in the cluster. Cluster entities received unqualified audit opinions for their 30 June 2018 financial statements. Opportunities to improve the quality of financial reporting were identified and reported to management.

This report analyses the results of our audits of financial statements of the Family and Community Services cluster for the year ended 30 June 2018. The table below summarises our key observations.

This report provides NSW Parliament and other users of the financial statements of Family and Community Services' agencies with the results of our audits, our observations, analysis, conclusions and recommendations in the following areas:

  • financial reporting
  • audit observations
  • service delivery.

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

This chapter outlines our audit observations related to the financial reporting of agencies in the Family and Community Services cluster for 2018.

Observation Conclusions and recommendations
2.1 Quality of financial reporting
Unqualified audit opinions were issued for all cluster agencies' financial statements. Conclusion: Sufficient audit evidence was obtained to conclude the financial statements were free of material misstatement.
Agencies complied with NSW Treasury’s mandatory early close requirements.

Completing other early close procedures was inconsistent and not always supported by adequate evidence.
Conclusion: There are opportunities for agencies to improve the quality of financial reporting by:
  • documenting all significant judgements and assumptions used when preparing the financial statements
  • regularly reconciling inter-agency balances and transactions
  • reconciling key account balances on a timely basis
  • quantifying the impact of new and revised accounting standards.
2.2 Timeliness of financial reporting
Agencies completed revaluations of property, plant and equipment and submitted 31 March 2018 financial statements by the due date as required by NSW Treasury.

Agencies submitted year-end financial statements by the statutory deadline.
Conclusion: Early revaluations of property, plant and equipment contributes to agencies meeting the year-end statutory reporting deadline.

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

This chapter outlines our observations and insights from:

  • our financial statement audits of agencies in the Family and Community Services cluster for 2018
  • the areas of focus identified in the Audit Office annual work program.

The Audit Office Annual Work Program provides a summary of all audits to be conducted within the proposed time period as well as detailed information on the areas of focus for each NSW Government cluster.

Observation Conclusions and recommendations
3.1 Internal controls
The 2017–18 audits reported 47 internal control weaknesses. While none were high risk, there were 15 repeat issues.

Conclusion: Management accepted audit findings and advised they are actioning recommendations. Timely action is important to ensure internal controls operate effectively.

Twenty-two of these internal control weaknesses related to information technology processes and control environment. Conclusion: Control weaknesses in information systems may compromise the integrity and security of financial data used for decision making and financial reporting.

Recommendation: Agencies should strengthen user access administration to prevent inappropriate access to key IT systems by:
  • ensuring privileged user access is limited to those requiring access to maintain the IT systems
  • monitoring privileged user access to address risks from unauthorised activity
  • ensuring IT password settings comply with password policies
  • ensuring timely removal of access to business systems for terminated and casual employees.
The Department, NSW Land and Housing Corporation (LAHC) and three other cluster agencies’ contract registers are incomplete and/or inaccurate. Recommendation: Agencies should ensure their contract registers are complete and accurate so they can more effectively govern contracts and manage compliance obligations.
3.2 Audit Office annual work program
Financial impact of the commissioning approach.

The transfer of disability services to the National Disability Insurance Scheme and other commissioning of service delivery has contributed to a 36 per cent decrease in frontline employee numbers since 2015–16. Similarly, corporate services’ employee numbers reduced by 34 per cent.

The Department’s salary costs have reduced by $232 million or 18 per cent from 2016–17.
Conclusion: The ratio of corporate services employee numbers to support frontline and support services has remained at 1:10 since 2015–16, which indicates restructures have been planned to align with the transfer of disability services.
Impact of the new social housing maintenance contract

Maintenance expenses have increased by about 40 per cent since the new maintenance contract commenced in April 2016. LAHC measures the benefits of the new maintenance contract such as improved tenant satisfaction.
Conclusion: The new maintenance contract has contributed to some positive social outcomes such as tenants being employed by the contractors to conduct maintenance, as call centre operators and in administration. However, more can be done to ensure value for money is being achieved.
ChildStory IT Project

Whilst phase one of the ChildStory IT project went 'live' in 2017–18, the planned timetable has not been met and the revised date for full implementation is end of 2018.

According to the 2014–15 NSW Budget, the budget for ChildStory was $100 million over a four-year period. During the design and implementation stage, this amount was revised to $128 million, with approval of the Expenditure Review Committee. The actual cost incurred over the four years until 30 June 2018, is approximately $131 million.

We identified issues with the data migration from the legacy systems to ChildStory.
Conclusion: To inform future IT projects, we understand the Department is capturing our findings, along with the findings from the Department of Finance, Services and Innovation’s ‘Healthchecks’.

This chapter outlines certain service delivery outcomes for 2017–18. The data on activity levels and performance is provided by Cluster agencies. The Audit Office does not have a specific mandate to audit performance information. Accordingly, the information in this chapter is unaudited.

In our recent performance audit, Progress and measurement of Premier's Priorities, we identified 12 limitations of performance measurement and performance data. We recommended that the Department of Premier and Cabinet ensure that processes to check and verify data are in place for all agency data sources.

Published

Actions for Transport 2018

Transport 2018

Transport
Asset valuation
Compliance
Financial reporting
Infrastructure
Management and administration
Procurement
Risk
Service delivery
Workforce and capability

The Auditor-General for New South Wales, Margaret Crawford released her report today on key observations and findings from the 30 June 2018 financial statement audits of agencies in the Transport cluster. Unqualified audit opinions were issued for all agencies' financial statements. However, assessing the fair value of the broad range of transport related assets creates challenges.

This report analyses the results of our audits of financial statements of the Transport cluster for the year ended 30 June 2018. The table below summarises our key observations.

This report provides Parliament and other users of the Transport cluster’s financial statements with the results of our audits, our observations, analysis, conclusions and recommendations in the following areas:

  • financial reporting
  • audit observations.

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

This chapter outlines our audit observations related to the financial reporting of agencies in the Transport cluster for 2018.

Observation Conclusions and recommendations
2.1 Quality of financial reporting
Unqualified audit opinions were issued for all agencies' financial statements Sufficient audit evidence was obtained to conclude the financial statements were free of material misstatement.
2.2 Key accounting issues
Valuation of assets continues to create challenges. Although agencies complied with the requirements of the accounting standards and Treasury policies on valuations, we identified some opportunities for improvements at RMS.

RMS incorporated data from its asset condition assessments for the first time in the valuation methodology which improved the valuation outcome. Overall, we were satisfied with the valuation methodology and key assumptions, but we noted some deficiencies in the asset data in relation to asset component unit rates and old condition data for some components of assets. 

Also, a bypass and tunnel were incorrectly excluded from RMS records and valuation process since 2013. This resulted in an increase for these assets’ value by $133 million.

The valuation inputs for Wetlands and Moorings were revised this year to better reflect the assets' characteristics resulting in a $98.0 million increase.

2.3 Timeliness of financial reporting
Residual Transport Corporation did not submit its financial statements by the statutory reporting deadline. Residual Transport Corporation remained a dormant entity with no transactions for the year ended 30 June 2018.
With the exception of Residual Transport Corporation, all agencies completed early close procedures and submitted financial statements within statutory timeframes. Early close procedures allow financial reporting issues and risks to be addressed early in the reporting and audit process.
2.4 Financial sustainability
NSW Trains and the Chief Investigator of the Office of Transport Safety Investigations reported negative net assets of $75.7 million and $89,000 respectively at 30 June 2018.  NSW Trains and the Chief Investigator of the Office of Transport Safety Investigations continue to require letters of financial support to confirm their ability to pay liabilities as they fall due. 
2.5 Passenger revenue and patronage
Transport agencies revenue growth increased at a higher rate than patronage. Public transport passenger revenue increased by $114 million (8.3 per cent) in 2017–18, and patronage increased by 37.1 million (5.1 per cent) across all modes of transport based on data provided by TfNSW. 
Negative balance Opal Cards resulted in $3.8 million in revenue not collected in 2017–18 and $7.8 million since the introduction of Opal. A total of 1.1 million Opal cards issued since its introduction have negative balances. Transport for NSW advised it is liaising with the ticketing vendor to implement system changes and are investigating other ways to reduce the occurrences.
2.6 Cost recovery from public transport users
Overall cost recovery from users has decreased. Overall cost recovery from public transport users (on rail and bus services by STA) decreased from 23.2 per cent to 22.4 per cent between 2016–17 and 2017–18. The main reason for the decrease is due to expenditure increasing at a faster rate than revenue in 2017–18.


 

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

This chapter outlines our observations and insights from:

  • our financial statement audits of agencies in the Transport cluster for 2018
  • the areas of focus identified in the Audit Office annual work program.

The Audit Office Annual Work Program provides a summary of all audits to be conducted within the proposed time period as well as detailed information on the areas of focus for each of the NSW Government clusters. 

Observation Conclusions and recommendations
3.1 Internal controls 
There was an increase in findings on internal controls across the Transport cluster. Key themes related to information technology, employee leave entitlements and asset management. Eighteen per cent of all issues were repeat issues.
3.2 Audit Office Annual work program
The Transport cluster wrote-off over $200 million of assets which were replaced by new assets or technology.

Majority of this write-off was recognised by RMS, with $199 million relating to the write-off of existing assets which have been replaced during the year. 

RailCorp is expected to convert to TAHE from 1 July 2019. Several working groups are considering different aspects of the TAHE transition including its status as a for-profit Public Trading Enterprise and which assets to transfer to TAHE. We will continue to monitor developments on TAHE for any impact to the financial statements.
RMS' estimated maintenance backlog at 30 June 2018 of $3.4 billion is lower than last year. Sydney Trains' estimated maintenance backlog at 30 June 2018 increased by 20.6 per cent to $434 million. TfNSW does not quantify its backlog maintenance. TfNSW advised it is liaising with Infrastructure NSW to develop a consistent definition of maintenance backlog across all transport service providers. 
Not all agencies monitor unplanned maintenance across the Transport cluster. Unplanned maintenance can be more expensive than planned maintenance. TfNSW should develop a consistent approach to define, monitor and track unplanned maintenance across the cluster.

This chapter outlines certain service delivery outcomes for 2017–18. The data on activity levels and performance is provided by Cluster agencies. The Audit Office does not have a specific mandate to audit performance information. Accordingly, the information in this chapter is unaudited. 

We report this information on service delivery to provide additional context to understand the operations of the Transport cluster and to collate and present service information for different modes of transport in one report. 

In our recent performance audit, Progress and measurement of Premier's Priorities, we identified 12 limitations of performance measurement and performance data. We recommended that the Department of Premier and Cabinet ensure that processes to check and verify data are in place for all agency data sources.

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 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.