year ended 30 june, 2012 - parliament of victoria · 2013. 6. 7. · profit / (loss) for the year...
TRANSCRIPT
10.Financial Statements
Table of contentsComprehensive Operating Statement 58
Balance Sheet 59
Statement of Changes in Equity 60
Cash Flow Statement 61
Notes to the Financial Statements 62 - 94
Certification of Financial Statements 95
Independent Audit Report 96
YEAR ENDED 30 JUNE, 2012
GVW ANNUAL REPORT 2011|2012 | p57
Comprehensive Operating StatementFOR THE YEAR ENDED 30 JUNE, 2012
NOTE
2012
$’000
2011
$’000
Revenue from Operating Activities
Fees and Charges 3 56,173 47,895
Developer and Landowner Contributions 4 6,578 6,324
Government Contributions 5 - 563
Interest Revenue 6 449 473
Other Revenue 7 1,604 1,987
Total Revenue 64,804 57,242
Expenses from Operating Activities
Operating Expenses 8 50,469 37,832
Administration Expenses 9 12,712 11,247
Environmental Contribution 1(c) 1,915 1,915
Borrowing Costs 10 6,525 5,977
Total Expenses 71,621 56,971
Profit / (Loss) before Income Tax (6,817) 271
Income Tax Expense / (Credit) 11 (2,058) 75
Profit / (Loss) for the Year (4,759) 196
Other Comprehensive Income
Net gain (loss) on revaluation of Property, Plant and Equipment 1(m), 16 - 232,490
Income Tax relating to components of Other Comprehensive
Income1(g), 11(e) - (69,747)
Other Comprehensive Income for the period, net of Income Tax - 162,743
Total Comprehensive Income for the period (4,759) 162,939
The above Comprehensive Operating Statement should be read in conjunction with the accompanying notes.
10. Financial Statements
| GVW ANNUAL REPORT 2011|2012p58
Balance SheetAS AT 30 JUNE, 2012
NOTE
2012
$’000
2011
$’000
ASSETS
Current Assets
Cash and Cash Equivalents 12 7,754 4,340
Receivables 13 15,153 13,040
Prepayments 1(j) 412 452
Inventories 14 1,140 952
Biological Assets 15 1,211 1,071
Total Current Assets 25,670 19,855
Non-Current Assets
Receivables 13 3,667 4,309
Property, Plant and Equipment 16 760,437 756,336
Deferred Tax Assets 11(d) 35,210 30,762
Total Non-Current Assets 799,314 791,407
Total Assets 824,984 811,262
LIABILITIES
Current Liabilities
Payables 17 12,082 7,490
Interest Bearing Liabilities 18 9,000 3,000
Employee Benefits 19 4,245 3,804
Total Current Liabilities 25,327 14,294
Non-Current Liabilities
Interest Bearing Liabilities 18 92,000 87,000
Employee Benefits 19 416 358
Deferred Tax Liabilities 11(e) 117,404 115,014
Total Non-Current Liabilities 209,820 202,372
Total Liabilities 235,147 216,666
Net Assets 589,837 594,596
EQUITY
Contributed Capital 20 234,704 234,704
Reserves 21 186,010 186,010
Retained Profits 22 169,123 173,882
Total Equity 589,837 594,596
The above Balance Sheet should be read in conjunction with the accompanying notes.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p59
10. Financial StatementsStatement of Changes in EquityFOR THE YEAR ENDED 30 JUNE, 2012
NOTE
CONTRIBUTIONS
BY OWNERS
$’000
RESERVES
$’000
ACCUMULATED
FUNDS
$’000
TOTAL
$’000
Balance at 1 July 2010 234,704 23,267 173,686 431,657
Total Comprehensive Income for the year as
reported in the 2011 financial report- 162,743 196 162,939
Balance at 30 June 2011 234,704 186,010 173,882 594,596
Total Comprehensive Income for the year - - (4,759) (4,759)
Balance at 30 June 2012 234,704 186,010 169,123 589,837
The above Statement of Changes in Equity should be read in conjunction with the accompanying notes.
| GVW ANNUAL REPORT 2011|2012p60
Cash Flow StatementFOR THE YEAR ENDED 30 JUNE, 2012
NOTE
2012
$’000
2011
$’000
Cash Flows from Operating Activities
Receipts from Customers (inclusive of goods and services tax) 62,442 57,395
Grants from Government Departments - 563
Payments to Suppliers and Employees (inclusive of goods and services tax) (41,587) (40,584)
Interest and Bill Discounts Received 452 521
Interest and Other Costs of Finance Paid (6,340) (5,892)
Net Cash Inflow from Operating Activities 23 14,967 12,003
Cash Flows from Investing Activities
Proceeds from Sale of Property, Plant and Equipment 730 675
Payments for Property, Plant and Equipment (23,283) (20,073)
Net Cash (Outflow) from Investing Activities (22,553) (19,398)
Cash Flows from Financing Activities
Proceeds from Borrowings 14,000 12,000
Repayment of Borrowings (3,000) (3,100)
Proceeds from Government Contributions - -
Net Cash Inflow from Financing Activities 11,000 8,900
Net Increase in Cash held 3,414 1,505
Cash at the beginning of the Financial Year 4,340 2,835
Cash at the end of the Financial Year 12 7,754 4,340
Financing arrangements 18
The above Cash Flow Statement should be read in conjunction with the accompanying notes.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p61
10. Financial Statements1. Summary of Significant Accounting Policies
1(a) Basis of Accounting
General
The financial report includes separate financial statements for Goulburn Valley Region Water Corporation as an
individual reporting entity. This financial report is a general purpose financial report that consists of a Comprehensive
Operating Statement, Balance Sheet, Statement of Changes in Equity, Cash Flow Statement and Notes accompanying
these statements. The general purpose financial report has been prepared in accordance with Australian Accounting
Standards (AAS’s), Interpretations and other authoritative pronouncements of the Australian Accounting Standards
Board, and the requirements of the Financial Management Act 1994 and applicable Ministerial Directions. Goulburn
Valley Region Water Corporation is a notfor-profit entity for the purpose of preparing the financial statements.
This financial report has been prepared on accrual and going concern bases. The accrual basis of accounting has been
applied in the preparation of these financial statements whereby assets, liabilities, equity, income and expenses are
recognised in the reporting period to which they relate, regardless of when cash is received or paid.
The Annual Financial Statements were authorised for issue by the Board on 22 August, 2012.
Accounting policies
Unless otherwise stated, all accounting policies applied are consistent with those of the prior year. Where appropriate,
comparative figures have been amended to align with current presentation and disclosure. There has been no material
change to comparatives in this report.
Functional and presentation currency
Items included in this financial report are measured using the currency of the primary economic environment in which
the Corporation operates (‘the functional currency’). The financial statements are presented in Australian dollars, which
is the Corporation’s functional and presentation currency.
Classification between current and non-current
In the determination of whether an asset or liability is current or non-current, consideration is given to the time when
each asset or liability is expected to be realised or paid. The asset or liability is classified as current if it is expected to
be turned over within the next twelve months, being the Corporation’s operational cycle – see 1(q) for a variation in
relation to Employee Benefits.
Rounding
Unless otherwise stated, amounts in the report have been rounded to the nearest thousand dollars.
Historical cost convention
These financial statements have been prepared under the historical cost convention, as modified by the revaluation of
financial assets and certain classes of property, plant and equipment.
Accounting estimates
The preparation of financial statements in conformity with AAS’s requires the use of certain accounting estimates that
affect the application of accounting policies and the reported amounts of assets, liabilities, income and expenses.
Actual results may differ from these estimates. It also requires management to exercise its judgement in the process of
applying the entity’s accounting policies.
Estimates and judgements are continually evaluated and are based on historical experience and other factors,
including expectations of future events that may have a financial impact on the entity and that are believed to be
reasonable under the circumstances. It is expected that the estimates and assumptions adopted are not likely to cause
a material adjustment to the carrying amounts of assets and liabilities within the next financial year.
NOTES TO THE FINANCIAL STATEMENTS
| GVW ANNUAL REPORT 2011|2012p62
Financial statement presentation
The entity has applied the revised AASB 101 Presentation of Financial Statements which became effective for
reporting periods on or after 1 July, 2011 and AASB 1054 Australian Additional Disclosures which became effective for
reporting periods beginning on or after 1 July, 2011.
1(b) Revenue Recognition
Revenue is brought to account when services have been provided or when tariffs and fees have been levied.
Water and sewerage charges by measure are recognised as income when the service has been used. Meter reading is
cyclical and, therefore, estimation is made at the end of each accounting period for water services used by customers
and recorded on meters which have not yet been read.
Gains or losses on disposal of non-current assets are calculated as the difference between the gross proceeds on sale
and their written down value.
Contributions for capital works from all sources are normally treated as revenue and are disclosed in the Notes to the
Financial Statements as Landowner Contributions and Headworks Fees.
Landowner Contributions represent assets acquired at no cost to the Corporation. The fair values of these assets are
recognised as revenue upon their acceptance by the Corporation for maintenance in perpetuity.
Developers are required to make fair and reasonable contributions towards the cost of developing the
Corporation’s water supply distribution and sewerage disposal systems. These contributions are recorded as
Headworks Fees and are recognised as revenue upon receipt.
Government grants are recognised as revenue on receipt or when the entity obtains control of the contribution
and meets certain criteria as outlined by AASB 1004, whichever is the sooner, and disclosed in the Comprehensive
Operating Statement as Government Grants and Contributions. However, grants received from the Victorian State
Government for specific capital projects where the Minister for Finance and the Minister for Water have indicated
the grant is in the nature of owners’ contributions are accounted for as Equity and disclosed in the Balance Sheet as
Contributed Capital.
Interest and rental are recognised as revenue when earned or the service is provided.
1(c) Environmental Contribution
The Water Industry (Environmental Contributions) Act 2004 amended the Water Industry Act 1994 to make provision
for Environmental Contributions to be paid by water supply Corporations.
The Act establishes an obligation for Corporations to pay into the consolidated fund annual contributions in
accordance with a pre-established schedule of payments, which sets out the amounts payable by each Corporation.
The purpose for the Environmental Contribution is set out in the Act, and the funds may be used for the purpose of
funding initiatives that seek to promote the sustainable management of water or address water-related initiatives.
This schedule of payments has been set for the period 1 July, 2012 to 30 June, 2016. This Environmental Contribution
commitment for future periods has been included in Note 27 Capital and Other Commitments.
The Environmental Contributions are disclosed separately within expenses in the Comprehensive Operating
Statement.
NOTES TO THE FINANCIAL STATEMENTS10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p63
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
1(d) Borrowing Costs
Borrowing costs are recognised as an expense in the period in which they are incurred. Borrowing costs include
interest on bank overdrafts, interest on borrowings and finance lease charges.
1(e) Depreciation of Property, Plant and Equipment
All non-current physical assets with the exception of Land are depreciated using the straight line method to write
off the cost or revalued amount of each item, net of residual values, over its estimated useful life to the Corporation.
Where assets have separate identifiable components that have distinct useful lives and/or residual values, a separate
depreciation rate is determined for each component. The estimated useful lives of each group of assets have been
reviewed during the year, and adjustments made where required.
The estimated useful lives are listed below and are consistent with the prior year, unless otherwise stated:
• Buildings 30 to 50 years
• Infrastructure Assets 5 to 110 years
• Plant and Equipment 1 to 20 years
1(f) Leases
Operating Leases
Leases in which a significant portion of the risks and rewards of ownership are retained by the lessor are classified as
operating leases. Payments made under operating leases are charged to the Operating Statement on a straight-line
basis over the period of the lease, in the periods in which they are incurred, as this represents the patterns of benefits
derived from the leased assets.
1(g) Income Tax
The Corporation is subject to the National Tax Equivalent Regime (NTER), which is administered by the Australian
Taxation Office.
The Income Tax expense or revenue for the period is the expected tax payable or receivable on the current period’s
taxable income based on the current income tax rate of 30% adjusted by changes in Deferred Tax Assets and Liabilities
attributable to temporary differences between the tax bases of assets and liabilities and their carrying amounts in the
financial statements, and to unused tax losses.
Deferred Tax Assets and Liabilities are recognised for temporary differences at the tax rates expected to apply when
the assets are recovered or liabilities are settled. The relevant tax rates are applied to the cumulative amounts of
deductible and taxable temporary differences to measure the Deferred Tax Asset or Liability. Deferred Tax Assets
are recognised for deductible temporary differences and unused tax losses only if it is probable that future taxable
amounts will be available to utilise those temporary differences and losses.
Current and deferred tax is recognised in profit or loss, except to the extent that it relates to items recognised in
Other Comprehensive Income or directly in Equity. In this case, the tax is also recognised in Other Comprehensive
Income or directly in Equity, respectively.
| GVW ANNUAL REPORT 2011|2012p64
NOTES TO THE FINANCIAL STATEMENTS
1(h) Cash and Cash Equivalent Assets
Cash and Cash Equivalents include cash on hand, deposits held at call with financial institutions, other short-term,
highly liquid investments with original maturities of three months or less that are readily convertible to known amounts
of cash and which are subject to an insignificant risk of changes in value, and Bank Overdrafts. Bank Overdrafts are
shown within Interest Bearing Liabilities on the Balance Sheet, but are included within Cash and Cash Equivalents for
Cash Flow Statement presentation purposes.
1(i) Receivables
Receivables are recognised initially at fair value less allowance for impairment. Current Receivables are due for
settlement no more than 28 days from the date of recognition for water, sewerage and trade waste receivables. Non-
Current Receivables relate to trade waste customers for charges raised to meet the cost of extending our wastewater
treatment and re-use facilities. These receivables are due for settlement by instalments over terms remaining of no
more than 10 years. Commercial interest charges apply to outstanding balances.
Collectability of receivables is reviewed on an ongoing basis. Debts which are known to be uncollectable are written
off. An allowance for impaired receivables is established when there is objective evidence that the Corporation will
not be able to collect all amounts due according to the original terms of receivables. The amount of the allowance is
the difference between the asset’s carrying amount and the present value of estimated future cash flows, discounted at
the effective interest rate. The amounts credited to the allowance are recognised as an expense in the Comprehensive
Operating Statement.
1(j) Prepayments
Prepayments represent payments in advance of receipt of goods or services or that part of expenditure made in one
accounting period covering a term extending beyond that period.
1(k) Inventories
Inventories consist of stores and materials used by the Corporation in construction, repairs and maintenance of works.
Stores and materials are measured at the lower of cost and net realisable value. Costs are assigned to stores and
materials on the basis of weighted average cost.
1(l) Biological Assets
Biological assets consist of Livestock held on the Corporation’s wastewater re-use facilities. Livestock is measured at
net market value.
1(m) Recognition and Measurement of Property, Plant and Equipment
Property, Plant and Equipment represent non-current physical assets comprising land, buildings, water and sewerage
infrastructure, plant, equipment and motor vehicles, used by the Corporation in its operations. Items with a cost or
value in excess of $1,000 and a useful life of more than one year are recognised as an asset. All other assets acquired
are expensed.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p65
10. Financial StatementsAcquisition
All non-current physical assets are measured initially at cost and subsequently revalued at fair value less accumulated
depreciation and impairment in accordance with the requirements of Financial Reporting Direction (FRD) 103D.
The purchase method of accounting is used for all acquisitions of assets. Cost is measured as the fair value of the
assets at the date of exchange, plus costs directly attributable to the acquisition.
Where assets are constructed by the Corporation, the cost at which they are recorded includes an appropriate share of
fixed and variable overheads.
Assets acquired at no cost or for nominal consideration by the Corporation are recognised at fair value at the date of
acquisition.
Repairs and Maintenance
Routine maintenance, repair costs and minor renewal costs are expensed as incurred. Where the repair relates to the
replacement of a component of an asset and the cost exceeds the capitalisation threshold, the cost is capitalised and
depreciated.
Measurement of Non-Current Physical Assets
Revaluations are conducted in accordance with FRD 103D. Scheduled revaluation is undertaken every five years
with an annual assessment of fair value to determine if it is materially different to carrying value. If the difference to
carrying value is greater than 10 per cent, a management revaluation is undertaken while a movement greater than
40 per cent will normally involve an Approved Valuer (usually the Valuer General of Victoria) to perform detailed
assessment of the fair value. If the movement in fair value since the last revaluation is less than or equal to 10 per cent,
then no change is made to carrying amounts.
Water infrastructure assets are measured at fair value less accumulated depreciation and impairment in accordance
with FRD 103D. These assets comprise substructures or underlying systems held to facilitate harvesting, storage,
treatment and transfer of water to meet customer needs. They also include infrastructure assets that underlie sewage
and drainage systems.
The initial fair value assessment for water infrastructure in the prior period was undertaken with involvement from
the Valuer-General of Victoria (VGV) and under the instructions of Department of Treasury and Finance (DTF). The
assessment was performed on a portfolio basis for various categories of water infrastructure. Further details of the
valuation exercise are provided in Note 16.
Carrying Amount
Land and Buildings are measured at the amounts for which assets could be exchanged between knowledgeable,
willing parties, in an arm’s length transaction. Infrastructure is measured at fair value. As there is no market-based
evidence of Infrastructure valuation (as assets are rarely traded) depreciated replacement cost has been used as an
estimate of fair value. Plant, equipment and vehicles are measured at fair value.
Gains and losses on disposals are determined by comparing proceeds with carrying amount. These are included in the
Comprehensive Operating Statement.
All assets must be tested for impairment on an annual basis. Such assets are tested to ascertain whether the carrying
amounts exceed their recoverable amounts.
NOTES TO THE FINANCIAL STATEMENTS
| GVW ANNUAL REPORT 2011|2012p66
Revaluations
Land, Buildings and Infrastructure are revalued with sufficient regularity to ensure that the carrying amount of each
asset does not differ materially from its fair value. This revaluation process occurs at least every five years. Revaluation
increments or decrements arise from differences between an asset’s carrying amount and fair value at the date of
the valuation. These assets are subject to an interim fair value assessment during the five year revaluation cycle. The
assessment of these assets is done by way of reference to industry prescribed and Valuer-General indexation factors.
Revaluation increments are credited directly to equity in the Revaluation Reserve, except that, to the extent that an
increment reverses a revaluation decrement in respect of that class of asset previously recognised as an expense in
determining profit or loss, the increment is recognised as revenue in determining profit or loss.
Revaluation decrements are recognised immediately as an expense in the net result, except that, to the extent
that a credit balance exists in the revaluation reserve in respect of the same class of assets, they are debited to the
revaluation reserve.
Revaluation increases and revaluation decreases relating to individual assets within a class of assets are offset against
one another, within that class, but are not offset in respect of assets in different classes.
Revaluation reserves are not transferred to accumulated funds on derecognition of the relevant asset.
Impairment of Assets
Property, Plant and Equipment are assessed annually for indicators of impairment. If there is an indication of
impairment, the assets concerned are tested as to whether their carrying value exceeds their recoverable amount.
Where an asset’s carrying amount exceeds its recoverable amount, the difference is written-off by a charge to the
Comprehensive Operating Statement except to the extent that the write-down can be debited to an Asset Revaluation
Reserve amount applicable to that class of asset.
The recoverable amount for most assets is measured at the higher of depreciated replacement cost and fair value
less costs to sell. Recoverable amount for assets held primarily to generate net cash inflows is measured at the higher
of the present value of future cash flows expected to be obtained from the asset and fair value less costs to sell. It is
deemed that, in the event of the loss of an asset, the future economic benefits arising from the use of the asset will be
replaced unless a specific decision to the contrary has been made.
An impairment loss on a revalued asset is recognised directly against any revaluation reserve in respect of the same
class of asset to the extent that the impairment loss does not exceed the amount in the revaluation reserve for that
same class of asset.
A reversal of an impairment loss on a revalued asset is credited directly to equity under the heading revaluation
reserve. However, to the extent that an impairment loss on the same class of asset was previously recognised in the
Comprehensive Operating Statement, a reversal of that impairment loss is also recognised in the Comprehensive
Operating Statement.
1(n) Payables
Payables consist predominantly of Trade and Sundry Creditors. These amounts represent liabilities for goods and
services provided to the Corporation prior to the end of the financial year, which are unpaid. The amounts are
unsecured and are usually paid within 60 days of recognition.
NOTES TO THE FINANCIAL STATEMENTS10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p67
10. Financial Statements1(o) Interest Bearing Liabilities
Interest Bearing Liabilities are initially recognised at fair value, net of transaction costs incurred. They are
subsequently measured at amortised cost. Any difference between the initial amount recognised (net of transaction
costs) and the redemption amount is recognised in the Comprehensive Operating Statement over the period of the
borrowings, using the effective interest method.
Interest Bearing Liabilities are classified as current liabilities unless the Corporation has an unconditional right to defer
settlement of the liability for at least 12 months after the reporting date.
1(p) Provisions
Provisions are recognised when the Corporation, as a result of a past event, has a legal or constructive obligation
that can be estimated reliably, and it is probable that an outflow of economic benefits will be required to settle the
obligation.
The amount recognised as a Provision is the best estimate of the consideration required to settle the present
obligation at the end of the reporting period, taking into account the risks and uncertainties surrounding the
obligation.
1(q) Employee Benefits
Wages and Salaries, Annual Leave and Sick Leave
Provision is made for benefits accruing to employees in respect of wages and salaries, annual leave and sick leave
when it is probable that settlement will be required and they are capable of being measured reliably.
Provisions made in respect of Employee Benefits expected to be settled within 12 months are measured at their
nominal values, using the remuneration rate expected to apply at the time of settlement.
Provisions made in respect of Employee Benefits which are not expected to be settled within 12 months are measured
at the present value of estimated future cash outflows to be made by the Corporation, in respect of services provided
by employees up to the reporting date. Regardless of the expected timing of settlements, provisions made in respect
of Employee Benefits are classified as a current liability, unless there is an unconditional right to defer the settlement of
the liability for at least 12 months after the reporting date, in which case it would be classified as a non current liability.
Long Service Leave
Current Liability – unconditional LSL, representing 7 or more years of continuous service, is disclosed as a current
liability even when the Corporation does not expect to settle the liability within 12 months because it does not have
the unconditional right to defer the settlement of the entitlement should an employee take leave within 12 months.
The components of this current LSL liability are measured at:
• Present value – component that the Corporation does not expect to settle within 12 months; and
• Nominal value – component that the Corporation expects to settle within 12 months.
Non-Current Liability – conditional LSL, representing less than 7 years of continuous service, is disclosed as a non-
current liability. There is an unconditional right to defer the settlement of the entitlement until the employee has
completed the requisite years of service. Conditional LSL is measured at present value.
In calculating present value, consideration is given to expected future wage and salary levels, experience of employee
departures and periods of service. Expected future payments are discounted using market yields at the reporting date
on national government bonds with terms to maturity and currency that match, as closely as possible, the estimated
future cash outflows.
NOTES TO THE FINANCIAL STATEMENTS
| GVW ANNUAL REPORT 2011|2012p68
Superannuation
The amount charged to the Comprehensive Operating Statement in respect of superannuation represents the
contributions made by the Corporation to the superannuation plan in respect to the current services of entity
staff. Superannuation contributions are made to the plans based on the relevant rules of each plan and additional
contributions are required to fund any unfunded liability in the defined benefit plan. Refer to Note 25.
Employee Benefit On-Costs
Employee Benefit on-costs, including Payroll Tax and Workcover, are recognised and included in employee benefit
liabilities and costs when the employee benefits to which they relate are recognised as liabilities.
Performance Payments
Performance Payments for the Corporation’s Executive Officers are based on a percentage of the annual salary
package provided under their contracts of employment. A liability is recognised and is measured as the aggregate of
the amounts accrued under the terms of the contracts to balance date.
1(r) Goods and Services Tax
Revenues, expenses and assets are recognised net of goods and services tax (GST), except where the amount of GST
incurred is not recoverable from the Australian Taxation Office (ATO). In these circumstances, the GST is recognised as
part of the cost of acquisition of the asset or as part of an item of expense.
Receivables and Payables are stated inclusive of GST. The net amount of GST recoverable from, or payable to, the
ATO is included as a current asset or liability in the Balance Sheet.
Cash flows arising from Operating Activities are disclosed in the Cash Flow Statement on a gross basis – i.e. inclusive
of GST. The GST component of cash flows arising from Investing and Financing activities which is recoverable or
payable to the ATO is classified as operating cash flows.
1(s) Financial Instruments
Recognition
Financial instruments are initially measured at fair value, plus in the case of a financial asset or financial liability not at
fair value through profit and loss, transaction costs that are directly attributable to the acquisition or the issue of the
financial asset or liability. Subsequent to initial recognition, the financial instruments are measured as set out below:
Loans and Receivables
Loans and receivables are non-derivative financial assets with fixed or determinable payments that are not quoted in
an active market. They are included in current assets, except for those with maturities greater than 12 months after
the reporting date which are classified as non-current assets. Loans and receivables are included in Receivables in the
Balance Sheet. Loans and receivables are recorded at amortised cost less impairment.
Fair value
Fair value is determined based on current bid prices for all quoted investments. Valuation techniques are applied
to determine the fair value for all unlisted securities, including recent arm’s length transactions, reference to similar
instruments and option pricing models.
NOTES TO THE FINANCIAL STATEMENTS10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p69
10. Financial StatementsImpairment
At each reporting date, the Corporation assesses whether there is objective evidence that a financial instrument has
been impaired. Impairment losses are recognised in the Comprehensive Operating Statement.
1(t) Provision for Dividend
An obligation to pay a Dividend only arises after consultation between the Board, the Minister for Water and the
Treasurer. Following this consultation a formal determination is made by the Treasurer. Although this process has not
yet been completed at the reporting date, the Board’s preliminary Dividend estimate in respect of the current year is
nil. Dividends are prescribed by the State Government in accordance with the Public Authorities (Dividend) Act 1983
based on a prescribed percentage of the previous year’s adjusted net profit.
1(u) New Accounting Standards and Interpretations issued that are not yet effective
Certain new accounting standards and interpretations have been published that are not mandatory for the 30 June
2012 reporting period. As at 30 June 2012, the following standards and interpretations had been issued but were
not mandatory for financial year ending 30 June 2012. The Corporation has not and does not intend to adopt these
standards early.
STANDARD / INTERPRETATION SUMMARY
APPLICABLE FOR ANNUAL
REPORTING PERIODS
BEGINNING ON OR AFTER
IMPACT ON FINANCIAL
STATEMENTS
AASB 9 Financial Instruments
and AASB 2010-7
Amendments to Australian
Accounting Standards arising
from AASB 9 (December
2010)
AASB 9 Financial
Instruments addresses the
classification, measurement
and derecognition of
financial assets and financial
liabilities. The standard is not
applicable until 1
January 2013 but is
available for early adoption.
The derecoginition rules
have been transferred
from AASB 139 Financial
Instruments: Recognition and
Measurement and have not
been changed. The group
has not yet decided when to
adopt AASB 9.
1 January 2013 The entity is yet to assess its
full impact. However, initial
indications are that it may
affect the entity’s accounting
for its available-for-sale
financial assets, since AASB 9
only permits the recognition
of fair value gains and losses
in other comprehensive
income if they relate to equity
investments that are not held
for trading. Fair value gains
and losses on available-for-
sale debt investments, for
example, will therefore have
to be recognised directly in
profit or loss.
NOTES TO THE FINANCIAL STATEMENTS
| GVW ANNUAL REPORT 2011|2012p70
STANDARD / INTERPRETATION SUMMARY
APPLICABLE FOR ANNUAL
REPORTING PERIODS
BEGINNING ON OR AFTER
IMPACT ON FINANCIAL
STATEMENTS
AASB 1053 Application of
Tiers of Australian Accounting
Standards, AASB 2010-2
Amendments to Australian
Accounting Standards
arising from Reduced
Disclosure Requirements
AASB 2011-2 Amendments
to Australian Accounting
Standards arising from the
Trans-Tasman Convergence
Project – Reduced Disclosure
Requirements and AASB
2011-6 Amendments to
Australian Accounting
Standards – Extending
Relief from Consolidation,
the Equity Method and
Proportionate Consolidation
– Reduced Disclosure
Requirements.
On 30 June 2010 the AASB
officially introduced a
revised differential reporting
framework in Australia. Under
this framework, a two-tier
differential reporting regime
applies to all entities that
prepare general purpose
financial statements. Tier
1 are the Australian
Accounting Standards as
currently applied and Tier
2 is the reduced disclosure
regime which retains the
recognition and measurement
requirements of Australian
Accounting Standards but
with reduced disclosure
requirements.
AASB 2011-6 extends the
relief for intermediate parent
entities from consolidation,
equity accounting and
proportionate consolidation
to parent entities that report
under tier 2, where the
parent higher up the group is
reporting either under tier 1
or tier 2.
1 July 2013 The impact of this standard
will depend on instructions
provided by DTF on its
applicability to the entity. The
entity will assess its impact
once DTF has provided
guidance on this standard.
AASB 13 Fair Value
Measurement, AASB 2011-8
Amendments to Australian
Accounting Standards
arising from AASB 13 and
AASB 2012-1 Amendments
to Australian Accounting
Standards – Fair Value
Measurement – Reduced
Disclosure Requirements.
The standard explains how
to measure fair value and
aims to enhance fair value
disclosures.
1 July, 2013 The entity is yet to assess its
full impact. The group will
apply amendment standard
from 1 January 2013
NOTES TO THE FINANCIAL STATEMENTS10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p71
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
STANDARD / INTERPRETATION SUMMARY
APPLICABLE FOR ANNUAL
REPORTING PERIODS
BEGINNING ON OR AFTER
IMPACT ON FINANCIAL
STATEMENTS
AASB 119 Employee Benefits,
AASB 2011-10 Amendments
to Australian Accounting
Standards arising from AASB
119 and AASB 2011-11
Amendments to AASB 119
(September 2011) arising
from Reduced Disclosure
Requirements.
These standards require
the recognition of all re-
measurements of defined
benefit liabilities/assets
immediately in other
comprehensive income
(removed of the so-called
‘corridor’ method) and the
calculation of a net interest
expense or income by
applying the discount rate
to the net defined benefit
liability account.
1 July, 2013 The entity is yet to assess its
full impact. The group will
apply amended standard
from 1 January 2013
AASB 2011-3 Amendments
to Australian Accounting
Standards – Orderly Adoption
of Changes to the ABS
GFS Manual and Relating
Amendments.
The amendments clarify the
definition of the ABS GFS
Manual, facilitate the orderly
adoption of changes to the
Manual and improve related
disclosures. Applicable only
to not-for-profit entities and/
or public sector entities.
1 July 2012 The group will apply the
amended standard from
1 July 2012. When the
amendments are applied, the
group will need to disclose
(in the note containing the
summary of accounting
policies) a statement of
compliance to this standard,
a reference to the version of
the ABS GFS Manual used or
that the last version has not
been used and the impact
of this.
AASB 2011-4 Amendments
to Australian Accounting
Standards to remove the
individual Key Management
Personnel Disclosure
Requirements.
Removes the individual key
management personnel
disclosure requirements
from AASB 124 Related
Party Disclosures, to
achieve consistency
with the international
equivalent standard and
remove a duplication of
the requirements with the
Corporation Act 2001.
The amendments cannot be
adopted early.
1 July 2013 This amendment is expected
to have a limited impact.
AASB 2011-9 Amendments
to Australian Accounting
Standards – Presentation
of Items of Other
Comprehensive Income
Requirement for entities to
group items presented in
other comprehensive income
on the basis of whether they
may be recycled to profit or
loss in the future.
1 July 2012 The group will apply this
amendment from 1 July
2012. This will only have an
impact on disclosure and
presentation.
| GVW ANNUAL REPORT 2011|2012p72
NOTES TO THE FINANCIAL STATEMENTS
STANDARD / INTERPRETATION SUMMARY
APPLICABLE FOR ANNUAL
REPORTING PERIODS
BEGINNING ON OR AFTER
IMPACT ON FINANCIAL
STATEMENTS
AASB 2011-13 Amendments
to Australian Accounting
Standards – Improvements to
AASB 1049
The amendments clarify some
of the requirements in AASB
1049 Whole of Government
and General Government
Sector Financial Reporting
and will improve the
harmonisation of the financial
reporting requirements of the
Commonwealth, State and
Territory Governments.
Applicable only to not-for-
profit entities and/or public
sector entities
1 July 2012 This amendment is expected
to have a limited impact.
2. Financial Risk Management Objectives and Policies
The Corporation’s activities expose it to a variety of financial risks: market risk, credit risk , liquidity risk and defined
benefits superannuation fund risk (refer to Note 25). This note and Note 25 presents information about the
Corporation’s exposure to each of these risks, and the objectives, policies and processes for measuring and managing
risk.
The Corporation’s Board has the overall responsibility for the establishment and oversight of the Corporation’s risk
management framework. The Corporation’s overall risk management program focuses on the unpredictability of
financial markets and seeks to minimise potential adverse effects on the financial performance of the Corporation. The
Corporation uses different methods to measure different types of risk to which it is exposed. These methods include
sensitivity analysis in the case of interest rate and other price risks and ageing analysis for credit.
Risk management is carried out by the Corporation’s Executive Management Team under policies approved by
the Board of Directors. The Finance department identifies, evaluates and manages financial risks in line with the
Corporation’s objectives. The Board provides written principles for overall risk management, as well as policies
covering specific areas, such as interest rate risk, credit risk, use of derivative financial instruments and non-derivative
financial instruments and investment of excess liquidity.
2.1 Risk Exposures
The main risks the Corporation is exposed to through its financial instruments are as follows:
(a) Market risk
Market risk is the risk that changes in market prices will affect the fair value or future cash flows of the
Corporation’s financial instruments. Market risk comprises of interest rate risk and other price risk. The
Corporation’s exposure to market risk is primarily through interest rate risk, with no exposure to foreign
exchange risk and other price risks.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p73
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
Objectives, policies and processes used to manage these risks are as follows:
(i) Interest Rate Risk
The Corporation’s exposure to market interest rates relates primarily to the Corporation’s long term
borrowings and funds invested on the money market.
The interest rate on the Corporation’s long term borrowings is fixed and therefore the Corporation
is not exposed to short term risk as a result of fluctuating interest rates. In addition, the maturity
dates for these long term borrowings are staggered to further minimise interest rate risk in any
given year.
The Corporation has minimal exposure to interest rate risk through its holding of cash assets and
other financial assets. Other financial assets include non-current receivables. These receivables are
of fixed terms with fixed interest rates.
(ii) Foreign Exchange Risk
Foreign exchange risk arises when financial instruments are recognised in a currency that is not
the entity’s functional currency. The Corporation’s exposure to foreign exchange risk is nil with no
instruments held in foreign currencies.
(iii) Other Price Risk
The Corporation has no significant exposure to other price risk.
Market Risk Sensitivity Analysis
The sensitivity analysis below has taken into consideration past performance, future expectations, economic forecasts
and management’s knowledge and experience of the financial markets. The Corporation believes that a movement of
1.0% in interest rates is reasonable over the next 12 months;
30 JUNE 2012
CARRYING
AMOUNT
$’000
INTEREST RATE RISK
-1.0% (100 bp) +1.0% (100 bp)
RESULT
$’000
EQUITY
$’000
RESULT
$’000
EQUITY
$’000
Financial assets
Cash and Cash Equivalents 7,754 (78) (78) 78 78
Receivables 18,820 - - - -
Financial liabilities
Payables 12,082 - - - -
Interest Bearing Liabilities 101,000 90 90 (90) (90)
Total increase / (decrease) 12 12 (12) (12)
| GVW ANNUAL REPORT 2011|2012p74
NOTES TO THE FINANCIAL STATEMENTS
30 JUNE 2011
CARRYING
AMOUNT
$’000
INTEREST RATE RISK
-1.0% (100 bp) +1.0% (100 bp)
RESULT
$’000
EQUITY
$’000
RESULT
$’000
EQUITY
$’000
Financial assets
Cash and Cash Equivalents 4,340 (43) (43) 43 43
Receivables 17,349 - - - -
Financial liabilities
Payables 7,490 - - - -
Interest Bearing Liabilities 90,000 30 30 (30) (30)
Total increase / (decrease) 13 13 (13) (13)
Interest rate risk analysis is applied to Cash and Cash Equivalents and Interest Bearing Liabilities as they are exposed
to market fluctuations.
(b) Credit Risk
Credit risk is the risk of financial loss to the Corporation as a result of a customer or counterparty to
a financial instrument failing to meet its contractual obligations. Credit risk arises principally from the
Corporation’s cash and receivables and other financial assets.
The Corporation’s exposure to credit risk is influenced by the individual characteristics of each customer.
The receivable balance consists of a large number of residential and business customers which are spread
across a diverse range of industries. Receivable balances are monitored on an on-going basis to ensure
that exposure to bad debts is not significant. The Corporation has in place policies and procedures
to assist customers who may be experiencing financial hardship and for the collection of overdue
receivables.
An analysis of the ageing of the Corporation’s receivables at reporting date has been provided
in Note 13.
(c) Liquidity Risk
Liquidity Risk is the risk that the Corporation will not be able to meet its financial obligations as they fall
due. The Corporation’s policy is to settle financial obligations within 60 days and in the event of dispute
make payments within 30 days from the date of resolution.
The Corporation manages liquidity risk by maintaining adequate reserves, banking facilities and reserve
borrowing facilities by continuously monitoring forecasts and actual cash flows and matching the maturity
profiles of financial assets and financial liabilities.
The Corporation’s financial liability maturities have been disclosed in Note 18.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p75
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
2.2 Fair Value Measurement
The carrying value of Current Receivables less impairment provision and of Payables is a reasonable approximation of
their fair values due to their short-term nature.
The fair values of Non-Current Receivables and other financial liabilities for disclosure purposes is determined by
discounting the future contractual cash flows at the current market interest rate that is available to the Corporation for
similar financial instruments.
The carrying amounts and aggregate net fair values of financial assets and financial liabilities at reporting date have
been provided in Note 24.
NOTE
2012
$’000
2011
$’000
3. Fees and Charges
Tariffs and Charges 29,095 26,532
Metered Charges 21,953 16,951
Trade Waste Charges 4,313 3,577
Licences and Fees 812 835
56,173 47,895
4. Developer and Landowner Contributions
Landowner Contributions 5,039 4,985
Headworks Fees 1,539 1,339
6,578 6,324
5. Government Contributions
Capital Project Grant - Water - 563
6. Interest Revenue
Interest on Investments 52 33
Interest on Tariffs, Schemes and Charges 397 440
449 473
| GVW ANNUAL REPORT 2011|2012p76
NOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
7. Other Revenue
Rent/Lease 473 496
Farm Revenue 832 1,176
Miscellaneous 299 315
1,604 1,987
8. Operating Expenses
Purchase of Raw Water 949 907
Maintenance 8,173 7,364
Water Treatment 9,203 8,075
Sewage Treatment and Pumping 9,672 8,780
Depreciation Infrastructure 16 22,495 12,513
(Profit) / Loss on Sale or Disposal of Property, Plant and Equipment (23) 193
50,469 37,832
9. Administration Expenses
Employee Benefits 7,389 5,876
Bad Debts Written Off 51 42
Audit Fees - External Audit (Auditor-General, Victoria) 29 46 44
Internal Audit Services (Pitcher Partners) 61 37
Depreciation 16 1,985 2,155
Professional/Consulting Services 682 967
Office Expenses 846 799
Conservation and Consultation 358 272
Computer Expenses 657 539
Corporation and Associated Expenses 637 516
12,712 11,247
Employee Benefit Expenses
Employee Benefit Expenses 19,561 15,998
These expenses have been allocated to:
- Operating Expenses (i) 12,172 10,122
- Administration Expenses (i) 7,389 5,876
19,561 15,998
10. Financial Statements
(i) Unfunded Superannuation Contribution
Employee Benefit Expenses include $3.064m (2011: $0.541m) being the Corporation’s contribution to the Vision
Superannuation Scheme Defined Benefit Plan unfunded superannuation liability - Refer to Note 25.
GVW ANNUAL REPORT 2011|2012 | p77
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
10. Borrowing Costs
Interest on Bank Overdraft, Loans & Bank Charges 6,525 5,977
11. Income TaxIncome tax expense for the financial year differs from the amount
calculated on the net result. The differences are reconciled as follows:
a. Income tax expense
Current tax payable - -
Deferred tax relating to temporary differences (2,058) 75
(2,058) 75
Deferred income tax(revenue) expense included in income tax
expense comprises:
(Increase) in deferred tax assets 11(d) (4,448) (4,732)
Increase in deferred tax liabilities 11(e) 2,390 4,807
(2,058) 75
b. Reconciliation of income tax expense to prima facie tax payable
Profit before income tax expense (6,817) 271
Tax at the Australian tax rate of 30% (2011: 30%) (2,045) 81
Tax effect of amounts which are not deductible (taxable) in
calculating taxable income:
- Investment Allowance deductions - (19)
- Sundry items (13) 13
Income tax expense (2,058) 75
c. Amounts recognised directly in Equity
Aggregate current and deferred tax arising in the reporting period
and not recognised in profit for the year but directly debited to
equity:
Current Tax - -
Net deferred tax – debited directly to Equity 11(e) - (69,747)
- (69,747)
| GVW ANNUAL REPORT 2011|2012p78
NOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
d. Deferred Tax Assets
The balance comprises temporary differences attributable to:
Amounts recognised in the Comprehensive Operating Statement:
Impaired Receivables 30 30
Employee Benefits 1,398 1,248
Accrued Expenses 55 42
Depreciation 1,721 469
Tax Losses 32,006 28,973
Total Deferred Tax Assets 35,210 30,762
Movements:
Opening balance at 1 July 30,762 26,030
Charged to the Comprehensive Operating Statement 4,448 4,732
Closing balance at 30 June 35,210 30,762
e. Deferred Tax Liabilities
The balance comprises temporary differences attributable to:
Amounts recognised in the Comprehensive Operating Statement:
Unearned Receivables 1,641 1,942
Depreciation 44,582 41,891
Amounts recognised directly in Equity:
Revaluation of Property, Plant and Equipment 71,181 71,181
Total Deferred Tax Liabilities 117,404 115,014
Movements:
Opening balance at 1 July 115,014 40,460
Charged to the Comprehensive Operating Statement 2,390 4,807
Charged to Other Comprehensive Income - 69,747
Closing balance at 30 June 117,404 115,014
12. Cash and Cash Equivalents
Cash at Bank and on hand 7,754 4,340
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p79
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
13. Receivables
Current Receivables 15,253 13,140
Less Provision for Doubtful Debts (100) (100)
Total Current Receivables 15,153 13,040
Non-Current Receivables 3,667 4,309
Total Receivables 18,820 17,349
a. Provision for Doubtful Debts
As at 30 June 2012, Current Receivables of the Corporation with a nominal value of
$227,000 (2011: $201,000) were impaired. The amount of the provision was $100,000
(2011: $100,000). The individually impaired Receivables mainly relate to tenant accounts
and a number of identified Trade Receivables, which are in unexpectedly difficult economic
situations. It was assessed that a portion of the Receivables is expected to be recovered.
The ageing of these Receivables is as follows:
Current 18 15
1-2 months 40 4
3-4 months - 5
Over 4 months 169 177
227 201
As at 30 June 2012, Receivables of $1.583m (2011: $1.211m) were past due but not
impaired. These relate to a number of customers for whom there is no recent history of
default. The ageing analysis of these Receivables is as follows:
The ageing analysis of these Receivables is as follows:
1-2 months 846 644
3-4 months 207 212
Over 4 months 530 355
1,583 1,211
Movements in the Provision for Impaired Receivables are as follows:
Balance at 1 July 100 100
Provision for impairment recognised during the year 51 42
Receivables written off during the year as uncollectible 9 (51) (42)
Balance at 30 June 100 100
| GVW ANNUAL REPORT 2011|2012p80
NOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
The creation and release of the Provision for Doubtful Debts has been included in Administration Expenses in the
Comprehensive Operating Statement. Amounts charged to the provision account are generally written off when there is no
expectation of recovering additional cash.
Other amounts within Receivables do not contain impaired assets and are not past due. Based on credit history, it is expected
that these amounts will be received when due.
Fair value and credit risk
Due to the short-term nature of the Current Receivables, their carrying value is assumed to approximate their fair value.
The maximum exposure to credit risk at the reporting date is the higher of the carrying value and fair value of each class of
Receivables mentioned above. The Corporation holds collateral as security on some Receivables. The collateral is a charge
over property. Refer to Note 2 for more information of the risk management policy of the Corporation and to Note 24 for
further analysis of Receivables.
14. Inventories
Stores and Materials – at cost 1(k) 1,140 952
15. Biological Assets
Livestock – at net market value:
Sheep 1,016 834
Cattle 195 237
1(l) 1,211 1,071
Represented by:
2012
QUANTITY
2011
QUANTITY
2012
$’000
2011
$’000
Carrying amount at 1 July 6,330 7,296 1,071 999
Increases due to:
Purchases 1,393 1,735 383 366
Natural Increase 4,906 3,941 414 336
Market value adjustment - - (34) 346
Decreases due to:
Sales (3,686) (6,336) (551) (934)
Deaths (427) (306) (72) (42)
Carrying amount at 30 June 8,516 6,330 1,211 1,071
All Livestock Biological Assets of the Corporation were independently valued as at 30 June 2012 by the following Livestock
Agents: Robson Donaldson Pty. Ltd., Landmark & Corcoran Parker Pty. Ltd. Livestock is valued at net market value.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p81
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
16. Property, Plant and Equipment
Land and Buildings
Freehold Land
At Fair Value 30,150 30,152
30,150 30,152
Buildings
At Fair Value 5,374 5,373
Less: Accumulated Depreciation (167) -
5,207 5,373
Total Land and Buildings 35,357 35,525
Infrastructure Assets
At Fair Value 673,040 673,210
Less: Accumulated Depreciation (21,425) -
651,615 673,210
At Cost 38,254 -
Less: Accumulated Depreciation (985) -
37,269 -
688,884 673,210
Infrastructure Assets in the course of construction 29,606 40,788
Total Infrastructure Assets 718,490 713,998
Plant and Equipment
At Fair Value 14,980 14,040
Less: Accumulated Depreciation (8,390) (7,227)
Total Plant and Equipment 6,590 6,813
Total Property, Plant and Equipment 760,437 756,336
Valuation of Property, Plant and Equipment
Land & Buildings of the Corporation were valued at the 30th June, 2011 by the Valuer General of Victoria (using Egan National Valuers Pty. Ltd.) at their fair value.
Infrastructure assets of the Corporation were valued at the 30th June, 2011 by the Valuer General of Victoria (using AECOM Australia Pty. Ltd.) at their fair value.
In relation to Plant and Equipment management has determined that in accordance with FRD 103D depreciated replacement cost represents a reasonable approximation of fair value at 30th June, 2012.
| GVW ANNUAL REPORT 2011|2012p82
NOTES TO THE FINANCIAL STATEMENTS
Reconciliations
Reconciliations of the carrying amounts of each class of Property, Plant and Equipment at the beginning and end of the current financial year and the previous financial year are set out below.
FREEHOLD
LAND
$’000
BUILDINGS
$’000
INFRASTRUCTURE
ASSETS
$’000
IN COURSE OF
CONSTRUCTION
$’000
PLANT &
EQUIPMENT
$’000
TOTAL
$’000
2012
Carrying amount at 1 July, 2011 30,152 5,373 673,210 40,788 6,813 756,336
Additions - 1 38,254 (11,182) 2,215 29,288
Disposals (2) - (85) - (620) (707)
Depreciation Expense - (167) (22,495) - (1,818) (24,480)
Carrying amount at 30 June, 2012 30,150 5,207 688,884 29,606 6,590 760,437
2011
Carrying amount at 1 July, 2010 40,354 8,868 423,476 36,317 6,654 515,669
Additions - 16 15,971 4,471 3,256 23,714
Disposals - (1) (227) - (641) (869)
Revaluation (9,482) 926 241,046 - - 232,490
Asset transfers (720) (4,306) 5,457 - (431) -
Depreciation Expense - (130) (12,513) - (2,025) (14,668)
Carrying amount at 30 June, 2011 30,152 5,373 673,210 40,788 6,813 756,336
2012
$’000
2011
$’000
Depreciation Charge for the Year
Buildings 167 130
Infrastructure 22,495 12,513
Plant and Equipment 1,818 2,025
24,480 14,668
Non-Current Assets Pledged as Security
The Corporation has not pledged any of its non-current assets as security.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p83
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
17. Payables
Trade Creditors (i) 11,440 6,726
Sundry Creditors 642 764
12,082 7,490
(i) Includes Vision Superannuation Scheme Defined Benefit Plan unfunded superannuation liability of $3.064m
(2011: $0). Refer Note 25.
Foreign currency risk and interest rate risk for trade and other Payables
The carrying amounts of the Corporation’s trade and other Payables are denominated in Australian dollars. For an analysis of
the sensitivity of trade and other Payables to interest rate risk refer to Note 2.
18. Interest Bearing Liabilities - Secured
Current
Other Loans 9,000 3,000
9,000 3,000
Non-Current
Other Loans 92,000 87,000
92,000 87,000
Total Interest Bearing Liabilities 101,000 90,000
Credit standby arrangements
Total facilities 9,000 15,000
Unused at balance date 9,000 15,000
Loan facilities
Total facilities 101,000 90,000
Used at balance date 101,000 90,000
Unused at balance date - -
Loans are secured by a guarantee from the Treasurer of Victoria.
Off-balance sheet
The Corporation does not have any liabilities classed as off-balance sheet. As per Note 26, the Corporation is not
aware of any Contingent Liabilities as at balance date.
| GVW ANNUAL REPORT 2011|2012p84
NOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
On-balance sheet
The fair value of current borrowings equals their carrying amount, as the impact of discounting is not significant. The fair
values of non-current borrowings are based on cash flows discounted using current borrowing rates varying from 3.33% to
4.32%, depending on the type of the borrowing (2011 – 5.15% to 5.96%). Fair values are disclosed at Note 24.
The Corporation’s loans are held with the Treasury Corporation of Victoria. These loans are taken out on fixed terms at fixed
interest rates and are staggered in terms of maturity to minimise interest rate risk.
Risk exposures
The exposure of the Corporation’s borrowings to interest rate changes and the contractual
re-pricing dates at the balance dates are as follows:
6 months or less 3,000 3,000
6 – 12 months 6,000 -
1 – 5 years 41,000 44,000
Over 5 years 51,000 43,000
Total Interest Bearing Liabilities 101,000 90,000
The carrying amounts of the Corporation’s borrowings are denominated in Australian
dollars. For an analysis of the sensitivity of borrowings to interest rate risk refer to Note 2.
19. Employee Benefits
Current
Employee Benefits expected to be settled within 12 months, measured at nominal value 1,251 1,258
Employee Benefits expected to be settled after 12 months, measured at present value 2,994 2,546
Total Current 4,245 3,804
Non-Current
Conditional Long Service Leave, measured at present value 416 358
Total Non-Current 416 358
Total Employee Benefits 4,661 4,162
The following assumptions were adopted in measuring the present value of Long Service
Leave entitlements:
Weighted average increase in employee costs 4.31% 4.48%
Weighted average discount rates 3.06% 5.16%
Weighted average settlement period 18 years 12 years
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p85
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
NOTE
2012
$’000
2011
$’000
20. Contributed Capital
Opening balance at 1 July 234,704 234,704
Capital transactions with the State in its capacity as owner - -
Closing balance at 30 June 234,704 234,704
21. Reserves
Opening balance at 1 July - Asset Revaluation Reserve 186,010 23,267
Revaluation of Property, Plant and Equipment - 232,490
Deferred Tax Liability - (69,747)
Closing balance at 30 June – Asset Revaluation Reserve 186,010 186,010
22. Retained Profits
Opening balance at 1 July 173,882 173,686
Profit / (Loss) for the year (4,759) 196
Closing balance at 30 June 169,123 173,882
23. Reconciliation of Profit for the Year to Net Cash Inflow from Operating Activities
Profit / (Loss) for the Year (4,759) 196
Add/(Less) Non Cash Flows in Profit for the Year
Contributed Assets (4,691) (4,707)
Depreciation 24,480 14,668
(Profit) / Loss on Sale of Property, Plant and Equipment (23) 193
Bad Debts Written Off 51 42
Change in Operating Assets and Liabilities
(Increase) / Decrease in Receivables (1,522) 2,084
(Increase) in Inventories (188) (114)
(Increase) in Biological Assets (140) (72)
Decrease in Prepayments 40 48
(Increase) in Deferred Tax Assets (4,448) (4,733)
Increase / (Decrease) in Payables 3,277 (737)
Increase in Employee Benefits 500 327
Increase in Deferred Tax Liabilities 2,390 4,808
Net Cash Inflow from Operating Activities 14,967 12,003
| GVW ANNUAL REPORT 2011|2012p86
NOTES TO THE FINANCIAL STATEMENTS
24. Financial Instruments(i) Interest Rate Risk Exposures
The Corporation’s exposure to interest rate risks, including the contractual repricing dates and the effective weighted average
interest rate by maturity, is recorded in the table below. Exposures arise predominantly from liabilities bearing variable interest
rates as the Corporation intends to hold fixed rate liabilities to maturity.
NON
INTEREST
BEARING
$’000
FLOATING
INTEREST
RATE
$’000
CONTRACTUAL REPRICING OR MATURITY PERIODS
TOTAL
$’000
1 YEAR
OR LESS
$’000
OVER
1 TO 2
YEARS
$’000
OVER
2 TO 3
YEARS
$’000
OVER
3 TO 4
YEARS
$’000
OVER
4 TO 5
YEARS
$’000
OVER
5 YEARS
$’000
2012
Financial Assets
Cash 5 7,749 - - - - - - 7,754
Receivables 14,513 - 640 674 699 746 797 751 18,820
Total Financial Assets 14,518 7,749 640 674 699 746 797 751 26,574
Weighted Average Interest Rate - 3.22% 6.88% 6.87% 6.86% 6.86% 6.86% 6.78% -
Financial Liabilities
Payables 12,082 - - - - - - - 12,082
Interest Bearing Liabilities - - 9,000 11,000 11,000 13,000 6,000 51,000 101,000
Total Financial Liabilities 12,082 - 9,000 11,000 11,000 13,000 6,000 51,000 113,082
Weighted average interest rate - - 6.78% 5.86% 5.69% 5.92% 6.96% 5.62% -
Net Financial Assets / (Liabilities) 2,436 7,749 (8,360) (10,326) (10,301) (12,254) (5,203) (50,249) (86,508)
2011
Financial Assets
Cash 4 4,336 - - - - - - 4,340
Receivables 12,434 - 607 635 677 701 749 1,546 17,349
Total Financial Assets 12,438 4,336 607 635 677 701 749 1,546 21,689
Weighted Average Interest Rate - 4.41% 6.88% 6.87% 6.87% 6.86% 6.86% 6.82% -
Financial Liabilities
Payables 7,490 - - - - - - - 7,490
Interest Bearing Liabilities - - 3,000 9,000 11,000 11,000 13,000 43,000 90,000
Total Financial Liabilities 7,490 - 3,000 9,000 11,000 11,000 13,000 43,000 97,490
Weighted average interest rate - - 5.69% 6.78% 5.86% 5.69% 5.92% 6.16% -
Net Financial Assets / (Liabilities) 4,948 4,336 (2,393) (8,365) (10,323) (10,299) (12,251) (41,454) (75,801)
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p87
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
(ii) Fair Value of Financial Assets and Liabilities
The carrying amounts and fair values of financial assets and financial liabilities at balance date are:
2012 2011
CARRYING
AMOUNT
$’000
FAIR VALUE
$’000
CARRYING
AMOUNT
$’000
FAIR VALUE
$’000
Financial Assets
Cash and Cash Equivalents 7,754 7,754 4,340 4,340
Receivables 18,820 19,291 17,349 17,647
Total Financial Assets 26,574 27,045 21,689 21,987
Financial Liabilities
Payables 12,082 12,082 7,490 7,490
Interest Bearing Liabilities 101,000 110,371 90,000 92,819
Total Financial Liabilities 113,082 122,453 97,490 100,309
Cash, cash equivalents and non-interest bearing Financial Assets and Financial Liabilities are carried at cost which
approximates their fair value. The fair value of other Financial Assets and Financial Liabilities is based upon market prices,
where a market exists or by discounting the expected future cash flows at current interest rates.
The carrying amounts of interest bearing Receivables are less than their respective fair values. The Corporation intends to
allow these Receivables to run in accordance with their maturities and, accordingly, has decided not to write them up to their
fair values.
The carrying amounts of Interest Bearing Liabilities are less than their respective fair values. The Corporation intends to repay
these borrowings in accordance with their maturities and, accordingly, has decided not to write them up to their fair values.
| GVW ANNUAL REPORT 2011|2012p88
NOTES TO THE FINANCIAL STATEMENTS
25. SuperannuationThe Corporation contributes in respect of its employees to 31 superannuation schemes. Contributions to superannuation
schemes expensed during the financial year were as follows:
SCHEME
CONTRIBUTIONS
BASIS OF CALCULATION
PAID OUTSTANDING
2012
$’000
2011
$’000
2012
$’000
2011
$’000
Vision Super Superannuation Scheme
(Defined Benefits)403 454 - -
3.25% of member employee’s
salary plus the equivalent of the
employee’s own contribution rate
Vision Super Superannuation Scheme
(Defined Benefits)- 541 3,064 -
Contribution to the Unfunded
Liability of the Scheme
Vision Super Saver Superannuation
Scheme 777 738 88 76 9% of member employee’s salary
State Superannuation Board New
Scheme64 74 14 -
Varying percentage of member
employee’s salary
First State Superannuation Fund 27 37 - -Varying percentage of member
employee’s salary
Australian Superannuation Fund 55 61 - -Varying percentage of member
employee’s salary
Other Funds 243 190 - 1Varying percentage of member
employee’s salary
1,569 2,095 3,166 77
Vision Super Superannuation Scheme and State Superannuation Fund are Defined Benefits funds. Any unfunded
liability in respect of Vision Super Superannuation Scheme is recognised in the financial statements of the Corporation.
Any unfunded liability in respect of State Superannuation Board New Scheme is recognised in the financial statements
of the State Government of Victoria. The Corporation makes employer contributions to these defined benefit funds at
rates determined by the Trustees on the advice of the Fund’s Actuaries.
The other funds are Accumulation funds. No further liability accrues to the employer for those funds as the
superannuation benefits accruing to the employees are represented by their share of the net assets of the funds.
As at the reporting date there were no loans to or from the Corporation to any of the above funds.
The Vision Super Superannuation Scheme Defined Benefit Plan is a multi-employer sponsored plan. As the Plan’s
assets and liabilities are pooled and are not allocated by employer, the Actuary is unable to reliably allocate benefit
liabilities, assets and costs between employers. As provided under Paragraph 32 (b) of AASB 119, the Corporation
does not use defined benefit accounting for these contributions.
The Corporation makes employer contributions to the defined benefit category of the Fund at rates determined by the
Trustee on the advice of the Fund’s Actuary. On the basis of the results of the most recent full actuarial investigation
conducted by the Fund’s Actuary as at 31 December 2011, the Corporation makes the following contributions:
• 9.25% of members’ salaries (same as previous year);
• the difference between resignation and retrenchment benefits paid to any retrenched employees, plus contribution
tax (same as previous year).
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p89
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
The Fund surplus or deficit (the difference between fund assets and liabilities) is calculated differently for funding
purposes (calculating required contributions) and for the calculation of accrued benefits as required in AAS 25 to
provide the values needed for the AASB 119 disclosure in the Corporation’s financial statements. AAS 25 requires
that the present value of the defined benefit liability be calculated based on benefits that have accrued in respect of
membership of the plan up to the measurement date, with no allowance for future benefits that may accrue.
Accounting Standard Disclosure
The Fund’s liability for accrued benefits, which includes the defined benefit and accumulation funds, was determined by the
Actuary at 31 December 2011 pursuant to the requirements of AAS 25 as follows:
31 DEC 2011
$’000
Net Market Value of Assets 4,315,321
Accrued Benefits 4,642,133
Difference between Assets and Accrued Benefits (326,812)
Vested Benefits (Minimum sum which must be paid to members when they leave the fund) 4,838,503
The financial assumptions used to calculate the Accrued Benefits for the defined benefit category of the Fund were:
• Net Investment Return 7.50% p.a.
• Salary Inflation 4.25% p.a.
• Price Inflation 2.75% p.a.
Pursuant to the actuarial review conducted by the Trustee in 2012 as at 31 December 2011, a funding shortfall of
$406 million for the defined benefit Fund was determined. Upon agreement with the Australian Prudential Regulation
Authority the Trustee will follow a 15 year funding plan so as to have a favourable financial position by the end of
that period. This funding plan includes active members continuing to pay 6% of salary, employers continuing to pay
9.25% of members’ salaries, employers to make additional contributions to cover any future shortfalls as they may
arise and an immediate call to employers for the financial year 30 June, 2012 for an additional contribution of $453
million payable by 1 July, 2013. The Corporation has recognised the sum of $3,064,167 as its share of the unfunded
liability with payment due by 1 July, 2013. This amount has been accounted for as an expense in the Comprehensive
Operating Statement as at the 30 June, 2012.
| GVW ANNUAL REPORT 2011|2012p90
NOTES TO THE FINANCIAL STATEMENTS
26. Contingent Liabilities and Contingent Assets
NOTES
2012
$’000
2011
$’000
Site restoration costs
On the 6 August, 2012 the Corporation was issued with a Clean-Up
Notice from the Environment Protection Authority regarding a stockpile
of spoil located at the Shepparton Operations Centre. The stockpile has
to be sampled and analysed for possible contaminants. The cost of this
clean up is not reliably measurable but initial estimates suggest it could
be potentially in the range of $500,000 to $1,000,000 depending on test
results.
Other
At balance date, the Corporation is not aware of any other material
Contingent Liabilities or Contingent Assets not recorded or disclosed in
the accounts.
NOTES
2012
$’000
2011
$’000
27. Capital and Other Commitments
Capital Commitments
Commitments for the acquisition of Property, Plant and Equipment
contracted for at the reporting date, but not recognised as liabilities,
payable:
Within one year 2,396 5,782
2,396 5,782
Other Commitments
The Corporation is committed to making Environmental Contributions
as per the Water Industry (Environmental Contributions) Act 2004 (see
Note 1(c)). The commitments for the Corporation’s contribution to the
consolidated fund at the reporting date, but not recognised as liabilities,
are as follows:
Within one year 1,915 1,915
One to two years 7,266 -
9,181 1,915
These commitments will be met by revenue raised in those periods.
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p91
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
28. Responsible Persons and Executive Officers of the Corporation(i) Responsible Persons
The names of persons holding the position of Responsible Person of the Goulburn Valley Region Water Corporation during
the financial year were:
The Hon. Peter Walsh, MLA Minister for Water
M. Lawlor Chair
C.L. Scott Deputy Chair (retired 30 September, 2011)
M. Hall Director (retired 30 September, 2011)
D.W. Flett Director (Deputy Chair appointed 5 October, 2011)
B. Nicholls Director
S. O’Connor Director
D. McKenzie Director
A. Larkins Director (appointed 1 October, 2011)
D. Rutledge Director (appointed 1 October, 2011)
P.A. Quinn Managing Director
B.P. Hammond Acting Managing Director (9 - 13 January, 2012)
(ii) Remuneration of Responsible Persons
The numbers of Responsible Persons are shown below in their relevant income bands:
INCOME BANDS
2012
NO.
2011
NO.
$0-$9,999 2 -
$10,000-$19,999 2 -
$20,000-$29,999 4 6
$50,000-$59,999 1 1
$270,000-$279,999 1 1
The total remuneration of Responsible Persons including superannuation contributions and retirement benefits referred to in
the above bands was $452,125 (2011: $451,024).
The relevant amounts relating to Ministers are reported in the Annual Report of the Department of Premier and Cabinet.
Other relevant interests are declared in the Register of Members’ Interest which each member of the Parliament completes.
| GVW ANNUAL REPORT 2011|2012p92
NOTES TO THE FINANCIAL STATEMENTS
(iii) Remuneration of Executives
The number of Executive Officers, other than Responsible Persons included under “Remuneration of Responsible Persons”
above, whose total remuneration exceeded $100,000 during the reporting period is shown below in their relevant income
bands:
INCOME BANDS
TOTAL REMUNERATION BASE REMUNERATION
2012
NO.
2011
NO.
2012
NO.
2011
NO.
$90,000 - $99,999 - - 1 -
$100,000 - $109,999 - - 2 -
$110,000 - $119,999 1 3 1 3
$120,000 - $129,999 1 - 1 -
$130,000 - $139,999 1 2 1 5
$140,000 - $149,999 3 4 3 1
$150,000 - $159,999 1 - - -
$160,000 - $169,999 2 - - 1
$170,000 - $179,999 - - 1 2
$180,000 - $189,999 1 2 1 -
$190,000 - $199,999 1 1 1 -
$200,000 - $209,999 1 - - -
Total Number of Executives 12 12 12 12
Annualised Employee Equivalent 11.6 12 11.6 12
Total Remuneration $1,893,767 $1,758,229 $1,683,076 $1,707,765
Base Remuneration excludes any bonus payments, long service leave, redundancy or retirement benefits paid to Executive
Officers. Four Executive Officers retired or resigned during the year. This has had an impact on Total Remuneration due to the
inclusion of annual leave and long service leave payments.
(iv) Other Transactions of Responsible Persons and their Related Entities
Transactions between related parties are on normal commercial terms and conditions.
Land Development
Companies in which Responsible Persons hold an interest, contract to Goulburn Valley Region Water Corporation for the
provision of land development works from time to time. The companies involved and the amount of works during the year
are listed below:
COMPANY DIRECTOR INVOLVED
2012
$
2011
$
Gowangardie Group Pty Ltd D. McKenzie - 926,892
The Boulevard Corporation Pty Ltd D. McKenzie 538,277 138,908
Murray River Estate Pty Ltd M. Hall 5,020 -
Other
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p93
10. Financial StatementsNOTES TO THE FINANCIAL STATEMENTS
D. McKenzie is a Director of Opteon (Goulburn North East Victoria) Pty Ltd which provided property valuation services to the
Corporation during the year on normal terms and conditions. The aggregate amount for the year of these services is $19,250
(2011: $2,145 ~ under the name HMC Valuations Pty Ltd).
There have been no related party transactions with the Minister during the reporting period.
(v) Retirement Benefits of Responsible Persons
There were no retirement benefits paid during the year by the Corporation in connection with the retirement of responsible
persons of the Corporation.
29. Remuneration of Auditors
2012
$’000
2011
$’000
Amounts received, or due and receivable, by the Victorian Auditor-General for
auditing the accounts of the Corporation.46 44
46 44
There were no other services provided by the Victorian Auditor-General in the reporting periods.
30. Events Occurring After Balance DateOther than the matter identified at Note 26 Contingent Liabilities and Contingent Assets no matters or circumstances
have arisen since the end of the reporting period which significantly affect or may significantly affect the operations of the
Corporation, the results of those operations, or the state of affairs of the Corporation in future financial years.
| GVW ANNUAL REPORT 2011|2012p94
STATUTORY CERTIFICATION
We certify the attached financial statements for Goulburn Valley Region Water Corporation have been prepared in
accordance with Standing Direction 4.2 of the Financial Management Act 1994, applicable Australian Accounting Standards,
Interpretations and other mandatory professional reporting requirements.
We further state that, in our opinion, the information set out in the Comprehensive Operating Statement, Balance Sheet,
Statement of Changes in Equity, Cash Flow Statement and notes to and forming part of the financial statements, presents
fairly the financial transactions during the year ended 30 June 2012 and the financial position of the Corporation as at 30 June
2012.
We are not aware of any circumstance which would render any particulars included in the financial statements to be
misleading or inaccurate.
Signed on behalf of the Corporation
M. G. Lawlor P. A. Quinn G. D. Jolly
Chairman Managing Director General Manager – Financial Services
22 August 2012
10. Financial Statements
GVW ANNUAL REPORT 2011|2012 | p95
11. Notes & AppendicesMinisterial DirectionsReport of Operations – FRD GuidanceLEGISLATION REQUIREMENT PAGE REFERENCE
Charter and purposeFRD 22C Manner of establishment and the relevant Ministers 5
FRD 22C Objectives, functions, powers and duties 2-10
FRD 22C Nature and range of services provided 5
Management and structureFRD 22C Organisational structure 30
Financial and other informationFRD 10 Disclosure index 98
FRD 12A Disclosure of major contracts 47
FRD 15B Executive officer disclosures 92
FRD 22C Operational and budgetary objectives and performance against objectives 6-10
FRD 22C Employment and conduct principles 36
FRD 22C Occupational health and safety policy 39
FRD 22C Summary of the financial results for the year 46
FRD 22C Significant changes in financial position during the year 47
FRD 22C Major changes or factors affecting performance 47
FRD 22C Subsequent events 94
FRD 22C Application and operation of Freedom of Information Act 1982 47
FRD 22C Compliance with building and maintenance provisions of Building Act 1993 48
FRD 22C Statement on National Competition Policy 48
FRD 22C Application and operation of the Whistleblowers Protection Act 2001 49
FRD 22C Details of consultancies over $100 000 47
FRD 22C Details of consultancies under $100 000 47
FRD 22C Statement of availability of other information 48
FRD 25A Victorian Industry Participation Policy disclosures 49
FRD 27B Presentation and reporting of performance information 50-54
FRD 29 Workforce Data disclosures 36
FRD 30A Standard requirements for the design and print of the annual report All
FRD 121 Infrastructure Assets (Water/Rail) 28
SD 4.5.5 Risk management compliance attestation 49
SD 4.2(g) General information requirements 2-5
SD 4.2(j) Sign-off requirements 54, 95
Ministerial Reporting DirectionsMRD 01 Performance Reporting 50-54
MRD 02 Reporting on water consumption and drought response 24-27
MRD 03 Environmental and social sustainability reporting 11-17
MRD 04Disclosure of information on bulk entitlements, transfers of water entitlements,
allocations and licences, irrigation water usage and licence entitlements18-20
MRD 05 Annual reporting of major non-residential water users 25-26
DISCLOSURE INDEX
| GVW ANNUAL REPORT 2011|2012p98
Financial StatementsFinancial statements required under Part 7 of the FMA
SD4.2(a) Statement of Changes in Equity 60
SD4.2(b) Comprehensive Operating Statement 58
SD4.2(b) Balance Sheet 59
SD4.2(b) Cash Flow Statement 61
Other requirements under Standing Directions 4.2
SD4.2(c)Compliance with Australian accounting standards and other authoritative
pronouncements62, 70-73
SD4.2(c) Compliance with Ministerial Directions 62
SD4.2(d) Rounding of amounts 62
SD4.2(c) Accountable officer’s declaration 95
SD4.2(f) Compliance with Model Financial Report All
Other disclosures as required by FRDs in notes to the financial statementsFRD 03A Accounting for Dividends 70
FRD17A Long service leave wage inflation and discount rates 68, 85
FRD 21B Responsible person and executive officer disclosures 92-94
FRD 102 Inventories 59, 81
FRD 103D Non current physical assets 59, 79, 82-83
FRD 105A Borrowing costs 58, 64 & 78
FRD 106 Impairment of assets 67
FRD 110 Cash flow statements 61, 86
FRD 112C Defined benefit superannuation obligations 89-90
FRD 114AFinancial Instruments – General Government Entities and public non financial
corporations73-76, 87-88
FRD 119 Contributions by owners 59, 86
FRD 120FAccounting and reporting pronouncements applicable from 2011/12 reporting
period70-73
FRD 121 Infrastructure assets 59, 65-67, 82-83
Legislation Freedom of Information Act 1982 47
Building Act 1993 47
Whistleblowers Protection Act 2001 49
Victorian Industry Participation Policy Act 2003 49
Financial Management Act 1994 62
DISCLOSURE INDEX Cont.
GVW ANNUAL REPORT 2011|2012 | p99
Appendix: 1WHISTLEBLOWERS PROTECTION POLICY & PROCEDURES
Table of contents1 Statement of support to whistleblowers 101
2 Purpose of these procedures 101
3 Objects of the act 101
4 Definitions of key terms 101
5 The reporting system 102
6 Roles and responsibilities 103
7 Confidentiality 104
8 Collating and publishing statistics 105
9 Receiving and assessing disclosures 105
10 Investigations 107
11 Action taken after an investigation 109
12 Managing the welfare of the whistleblower 110
13 Management of the person against whom a disclosure has been made 112
14 Criminal offences 113
15 Review 113
| GVW ANNUAL REPORT 2011|2012p100
WHISTLEBLOWERS PROTECTION POLICY & PROCEDURES Cont.
1. Statement of support to whistleblowers
Goulburn Valley Water (GVW) is committed to the aims and objectives of the Whistleblowers Protection Act
2001 (Act). It does not tolerate improper conduct by its employees, officers or members, nor the taking of
reprisals against those who come forward to disclose such conduct.
GVW recognises the value of transparency and accountability in its administrative and management
practices, and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial
mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the
environment.
GVW will take all reasonable steps to protect people who make such disclosures from any detrimental action
in reprisal for making the disclosures. It will also afford natural justice to any person who is the subject of a
disclosure.
2. Purpose of these procedures
These procedures establish a system for reporting disclosures of improper conduct or detrimental action
by GVW or its employees. The system enables such disclosures to be made to the protected disclosure
coordinator. Disclosures may be made by employees or by members of the public.
These procedures are designed to complement normal communication channels between supervisors and
employees. Employees are encouraged to continue to raise appropriate matters with their supervisors at any
time. As an alternative, employees may make a disclosure of improper conduct or detrimental action under the
Act in accordance with these procedures.
3. Objects of the act
The Act commenced operation on 1 January 2002. The purpose of the Act is to encourage and facilitate the
making of disclosures of improper conduct by public officers and public bodies. The Act provides protection
to whistleblowers who make disclosures in accordance with the Act, and establishes a system for the matters
disclosed to be investigated and rectifying action to be taken.
4. Definitions of key terms
Three key concepts in the reporting system are improper conduct, corrupt conduct and detrimental action.
Definitions of these terms are set out below. In applying these definitions to GVW, it should be noted that GVW
is a public body and employees of GVW are public officials for the purposes of the Act.
4.1 Improper conduct
A disclosure may be made about improper conduct by a public body or public official. Improper conduct
means conduct that is:
4.1.1 corrupt;
4.1.2 a substantial mismanagement of public resources; or
4.1.3 conduct involving substantial risk to public health or safety or to the environment.
The conduct must be serious enough to constitute, if proved, a criminal offence or reasonable grounds
for dismissal.
GVW ANNUAL REPORT 2011|2012 | p101
Appendix: 1WHISTLEBLOWERS PROTECTION POLICY & PROCEDURES Cont.
4.2 Corrupt conduct
Corrupt conduct means:
4.2.1 conduct of any person (whether or not a public official) that adversely affects the honest
performance of a public officer’s or public body’s functions;
4.2.2 the performance of a public officer’s functions dishonestly or with inappropriate partiality;
4.2.3 conduct of a public officer, former public officer or a public body that amounts to a breach of
public trust;
4.2.4 conduct by a public officer, former public officer or a public body that amounts to the misuse of
information or material acquired in the course of the performance of their official functions; or
4.2.5 a conspiracy or attempt to engage in the above conduct.
4.3 Detrimental action
The Act makes it an offence for a person to take detrimental action against a person in reprisal for
making a protected disclosure. Detrimental action includes:
4.3.1 action causing injury, loss or damage;
4.3.2 intimidation or harassment; and
4.3.3 discrimination, disadvantage or adverse treatment in relation to a person’s employment, career,
profession, trade or business, including the taking of disciplinary action.
5. The reporting system
5.1 Contact persons within GVW
Disclosures of improper conduct or detrimental action by GVW or its employees may be made to the
following officers:
5.1.1 Protected disclosure coordinator
Mr Danny Hogan
General Manager - Corporate Services
104-110 Fryers Street
Shepparton, Victoria 3632
Internet: www.gvwater.vic.gov.au
Email: [email protected]
Tel: 03 5832 0442
Fax: 03 5832 0491
All correspondence, telephone calls and e-mails from internal or external whistleblowers will be referred
to the protected disclosure coordinator.
Where a person is contemplating making a disclosure and is concerned about approaching the protected
disclosure coordinator in the workplace, he or she can call the relevant officer and request a meeting in a
discreet location away from the workplace.
| GVW ANNUAL REPORT 2011|2012p102
WHISTLEBLOWERS PROTECTION POLICY & PROCEDURES Cont.
5.2 Alternative contact persons
A disclosure about improper conduct or detrimental action by GVW or its employees may also be made
directly to the Ombudsman:
The Ombudsman Victoria
Level 22, 459 Collins Street
Melbourne Victoria 3000
(DX 210174)
Internet: www.ombudsman.vic.gov.au
Email: [email protected]
Tel: 03 9613 6222
Toll Free: 1800 806 314
6. Roles and responsibilities
6.1 Employees
Employees are encouraged to report known or suspected incidents of improper conduct or detrimental
action in accordance with these procedures.
All employees of GVW have an important role to play in supporting those who have made a legitimate
disclosure. They must refrain from any activity that is, or could be perceived to be, victimisation or
harassment of a person who makes a disclosure. Furthermore, they should protect and maintain the
confidentiality of a person they know or suspect to have made a disclosure.
6.2 Protected disclosure coordinator
The protected disclosure coordinator will:
6.2.1 be a contact point for general advice about the operation of the Act for any person wishing to
make a disclosure about improper conduct or detrimental action;
6.2.2 receive all telephone calls, e-mails and letters from members of the public or employees seeking
to make a disclosure made orally or in writing (from internal and external whistleblowers);
6.2.3 make arrangements for a disclosure to be made privately and discreetly and, if necessary, away
from the workplace;
6.2.4 commit to writing any disclosure made orally;
6.2.5 impartially assess the allegation and determine whether it is a protected disclosure made in
accordance with Part 2 of the Act (see paragraph 9.1 below)
6.2.6 if the disclosure has been determined to be a protected disclosure made in accordance with
Part 2 of the Act, impartially assess it to determine whether it is a public interest disclosure (see
paragraph 9.2 below);
6.2.7 refer all public interest disclosures to the Ombudsman;
6.2.8 be responsible for carrying out, or appointing an investigator to carry out, an investigation
referred to GVW by the Ombudsman;
GVW ANNUAL REPORT 2011|2012 | p103
Appendix: 16.2.9 be responsible for overseeing and coordinating an investigation where an investigator has been
appointed;
6.2.10 appoint a welfare manager (see paragraph 6.4 below) to support the whistleblower and to
protect him or her from any reprisals;
6.2.11 advise the whistleblower of the progress of an investigation into the disclosed matter;
6.2.12 establish and manage a confidential filing system;
6.2.13 collate and publish statistics on disclosures made;
6.2.14 take all necessary steps to ensure the identity of the whistleblower and the identity of the person
who is the subject of the disclosure are kept confidential; and
6.2.15 liaise with the chief executive officer of GVW.
6.3 Investigator
The investigator will be responsible for carrying out an internal investigation into a disclosure where the
Ombudsman has referred a matter to GVW. An investigator may be a person from within GVW or a
consultant engaged for that purpose.
6.4 Welfare manager
The welfare manager is responsible for looking after the general welfare of the whistleblower. The
welfare manager will:
6.4.1 examine the immediate welfare and protection needs of a whistleblower who has made a
disclosure and seek to foster a supportive work environment;
6.4.2 advise the whistleblower of the legislative and administrative protections available to him or her;
6.4.3 listen and respond to any concerns of harassment, intimidation or victimisation in reprisal for
making disclosure; and
6.4.4 ensure that the expectations of the whistleblower are realistic.
7. Confidentiality
GVW will take all reasonable steps to conceal the identity of the whistleblower. Maintaining confidentiality is
crucial in ensuring that reprisals are not made against a whistleblower.
The Act requires any person who receives information due to the handling or investigation of a protected
disclosure not to disclose that information except in certain limited circumstances. Disclosure of information in
breach of section 22 of the Act constitutes an offence that is punishable by a maximum fine of 60 penalty units
($6,000) or six months imprisonment or both.
The circumstances in which a person may disclose information obtained about a protected disclosure include:
7.1 where exercising the functions of GVW under the Act;
7.2 when making a report or recommendation under the Act;
7.3 when publishing statistics in the annual report of GVW; and
WHISTLEBLOWERS PROTECTION POLICY & PROCEDURES Cont.
| GVW ANNUAL REPORT 2011|2012p104
7.4 in criminal proceedings for certain offences in the Act.
However, the Act prohibits the inclusion of particulars in any report or recommendation that is likely to lead to
the identification of the whistleblower. The Act also prohibits the identification of the person who is the subject
of the disclosure in any particulars included in an annual report.
GVW will ensure that all files, whether paper or electronic, are kept in a secure room and can only be accessed
by the protected disclosure coordinator, the investigator or welfare manager (in relation to welfare matters).
All printed material will be kept in files that are clearly marked as a “whistleblower matter”, and warn of the
criminal penalties that apply to any unauthorised divulging information concerning a protected disclosure. All
electronic files will be produced and stored on a stand-alone computer and be given password protection.
Backup files will be kept on floppy disc. All materials relevant to an investigation, such as tapes from
interviews, will also be stored securely with the whistleblower files.
GVW will not email documents relevant to a “whistleblower matter” and will ensure that all telephone calls and
meetings are conducted in private.
8. Collating and publishing statistics
The protected disclosure coordinator will establish a secure register to record the information required to be
published in the annual report, and generally to keep account of the status of whistleblower disclosures. The
register will be confidential and will not record any information that may identify the whistleblower.
The register will contain the following information:
8.1 the number and types of disclosures made to GVW during the year;
8.2 the number of disclosures referred to the Ombudsman for determination as to whether they are public
interest disclosures;
8.3 the number and types of disclosed matters referred to GVW by the Ombudsman for investigation;
8.4 the number and types of disclosures referred by GVW to the Ombudsman for investigation;
8.5 the number and types of investigations taken over from GVW by the Ombudsman;
8.6 the number of requests made by a whistleblower to the Ombudsman to take over an investigation from
GVW;
8.7 the number and types of disclosed matters that GVW has declined to investigate;
8.8 the number and types of disclosed matters that were substantiated upon investigation and the action
taken on completion of the investigation; and
8.9 any recommendations made by the Ombudsman that relate to GVW.
9. Receiving and assessing disclosures
9.1 Has the disclosure been made in accordance with Part 2 of the Act?
Where a disclosure has been received by the protected disclosure coordinator or, he or she will assess
whether the disclosure has been made in accordance with Part 2 of the Act and is, therefore, a protected
disclosure.
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Appendix: 19.1.1 Has the disclosure been made to the appropriate person?
For the disclosure to be responded to by GVW, it must concern an employee or officer of GVW.
If the disclosure concerns an employee or officer of another public body, the person who has
made the disclosure must be advised of the correct person or body to whom the disclosure
should be directed under the Act. If the disclosure has been made anonymously, it should be
referred to the Ombudsman.
9.1.2 Does the disclosure contain the essential elements of a protected disclosure?
A disclosure is a protected disclosure if:
a. a natural person (that is, an individual person rather than a corporation) makes the disclosure;
b. the disclosure relates to conduct of GVW or an employee or officer of GVW acting in their
official capacity;
c. the disclosure of either improper conduct or detrimental action taken against a person in
reprisal for making a protected disclosure; and
d. the person making the disclosure has reasonable grounds for believing the alleged conduct
has occurred.
Where a disclosure is assessed to be a protected disclosure, it must be referred to the protected
disclosure coordinator. The protected disclosure coordinator will determine whether the disclosure is a
public interest disclosure.
Where a disclosure is assessed not to be a protected disclosure, the matter does not need to be dealt
with under the Act. The protected disclosure coordinator will decide how best to respond to the matter.
9.2 Is the disclosure a public interest disclosure?
Where the protected disclosure coordinator has received a disclosure that has been assessed to be
a protected disclosure, he or she will determine whether the disclosure amounts to a public interest
disclosure. This assessment will be made within 45 days of the receipt of the disclosure.
In reaching a conclusion as to whether a protected disclosure is a public interest disclosure, the protected
disclosure coordinator will consider whether the disclosure shows, or tends to show, that the public
officer to whom the disclosure relates:
9.2.1 has engaged, is engaging or proposes to engage in improper conduct in his or her capacity as
a public officer; or
9.2.2 has taken, is taking or proposes to take detrimental action in reprisal for the making of the
protected disclosure.
Where the protected disclosure coordinator concludes that the disclosure amounts to a public interest
disclosure, he or she must:
9.2.3 notify the person who made the disclosure of that conclusion; and
9.2.4 refer the disclosure to the Ombudsman for formal determination as to whether it is indeed a
public interest disclosure.
Where the protected disclosure coordinator concludes that the disclosure is not a public interest
disclosure, he or she must:
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9.2.5 notify the person who made the disclosure of that conclusion; and
9.2.6 advise that person that he or she may request GVW to refer the disclosure to the Ombudsman
for a formal determination as to whether the disclosure is a public interest disclosure, and that
this request must be made within 28 days of the notification.
In either case, the protected disclosure coordinator must make the notification and the referral within 14
days of the conclusion being reached by GVW. Notification to the whistleblower is not necessary where
the disclosure has been made anonymously.
10. Investigations
10.1 Introduction
Where the Ombudsman refers a protected disclosure to the GVW for investigation, the protected
disclosure coordinator will appoint an investigator to carry out the investigation.
The objectives of an investigation will be:
10.1.1 to collate information relating to the allegation as quickly as possible. This may involve taking
steps to protect or preserve documents, materials and equipment;
10.1.2 to consider the information collected and to draw conclusions objectively and impartially;
10.1.3 to maintain procedural fairness in the treatment of witnesses and the person who is the subject
of the disclosure; and
10.1.4 to make recommendations arising from the conclusions drawn concerning remedial or other
appropriate action.
10.2 Terms of Reference
Before commencing an investigation, the protected disclosure coordinator must draw up terms of
reference and obtain authorisation for those terms from the chief executive officer of GVW. The terms
of reference will set a date by which the investigation report is to be concluded, and will describe the
resources available to the investigator to complete the investigation within the time set. The protected
disclosure coordinator may approve, if reasonable, an extension of time requested by the investigator.
The terms of reference will require the investigator to make regular reports to the protected disclosure
coordinator who, in turn, must keep the Ombudsman informed of general progress.
10.3 Investigation Plan
The investigator will prepare an investigation plan for approval by the protected disclosure coordinator.
The plan will list the issues to be substantiated and describe the avenue of inquiry. It will address:
10.3.1 what is being alleged;
10.3.2 what are the possible findings or offences;
10.3.3 what are the facts in issue;
10.3.4 how the inquiry is to be conducted; and
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Appendix: 110.3.5 what resources are required.
At the commencement of the investigation, the whistleblower will be:
10.3.6 notified by the investigator that he or she has been appointed to conduct the investigation;
10.3.7 asked to clarify any matters; and
10.3.8 asked to provide any additional material he or she might have.
The investigator must be sensitive to the whistleblower’s possible fear of reprisals and be aware of the
statutory protections available to the whistleblower.
10.4 Natural justice
The principles of natural justice will be followed in any investigation of a public interest disclosure. The
principles of natural justice concern procedural fairness and ensure that a fair decision is reached by an
objective decision maker. Maintaining procedural fairness protects the rights of individuals and enhances
public confidence in the process.
GVW will have regard to the following issues in ensuring procedural fairness:
10.4.1 the person who is the subject of the disclosure is entitled to know the allegations made against
him or her and must be given the right to respond. (This does not mean that the person must
be advised of the allegation as soon as the disclosure is received or the investigation has
commenced);
10.4.2 if the investigator is contemplating making a report adverse to the interests of any person, that
person should be given the opportunity to put forward further material that may influence the
outcome of the report and that person’s defence should be fairly set out in the report;
10.4.3 all relevant parties to a matter should be heard and all submissions should be considered;
10.4.4 a decision should not be made until all reasonable inquiries have been made;
10.4.5 the investigator or any decision maker should not have a personal or direct interest in the matter
being investigated;
10.4.6 all proceedings should be carried out fairly and without bias. Care should also be taken to
exclude perceived bias from the process; and
10.4.7 the investigator should be impartial in assessing the credibility of the whistleblowers and
any witnesses. Where appropriate, conclusions as to credibility should be included in the
investigation report.
10.5 Conduct of the investigation
The investigator will make contemporaneous notes of all discussions and telephone calls, and all
interviews with witnesses must be taped. All information gathered in an investigation will be stored
securely. Interviews will be conducted in private and the investigator must take all reasonable steps to
protect the identity of the whistleblower. Where disclosure of the identity of the whistleblower cannot be
avoided, due to the nature of the allegations, the investigator will warn the whistleblower and his or her
welfare manager of this probability.
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It is in the discretion of the investigator to allow any witness to have legal or other representation
or support during an interview. If a witness has a special need for legal representation or support,
permission should be granted.
10.6 Referral of an investigation to the Ombudsman
The protected disclosure coordinator must make a decision regarding the referral of an investigation to
the Ombudsman where, on the advice of the investigator:
10.6.1 the investigation is being obstructed by, for example, the non-cooperation of key witnesses; or
10.6.2 the investigation has revealed conduct that may constitute a criminal offence.
10.7 Reporting requirements
The protected disclosure coordinator must ensure that the whistleblower is kept regularly informed
concerning the handling of a protected disclosure and an investigation.
The protected disclosure coordinator must report to the Ombudsman about the progress of an
investigation.
Where the Ombudsman or the whistleblower requests information about the progress of an
investigation, that information must be provided within 28 days of the date of the request.
11. Action taken after an investigation
11.1 Investigator’s final report
At the conclusion of the investigation, the investigator must submit a written report of his or her findings
to the protected disclosure coordinator. The report will contain:
11.1.1 the allegation/s;
11.1.2 an account of all relevant information received and, if the investigator has rejected evidence as
being unreliable, the reasons for this opinion being formed;
11.1.3 the conclusions reached and the basis for them; and
11.1.4 any recommendations arising from the conclusions.
Where the investigator has found that the conduct disclosed by the whistleblower has occurred,
recommendations made by the investigator will include:
11.1.5 the steps that need to be taken by GVW to prevent the conduct from continuing or occurring in
the future; and
11.1.6 any action that should be taken by GVW to remedy any harm or loss arising from the conduct.
This action may include bringing disciplinary proceedings against the person responsible for the
conduct, and referring the matter to an appropriate authority for further consideration.
The report should be accompanied by:
11.1.7 the transcript or other record of any oral evidence taken, including tape recordings; and
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Appendix: 111.1.8 all documents, statements or other exhibits received by the officer and accepted as evidence
during the course of the investigation.
Where the investigator’s report is to include an adverse comment against any person, that person must
be given the opportunity to respond and his or her defence must be fairly included in the report.
The report must not disclose particulars likely to lead to the identification of the whistleblower.
11.2 Action to be taken
If the protected disclosure coordinator is satisfied that the investigation has found that the disclosed
conduct has occurred, he or she should recommend to the chief executive officer the action that must
be taken to prevent the conduct from continuing or occurring in the future. The protected disclosure
coordinator may also recommend that action be taken to remedy any harm or loss arising from the
conduct.
The protected disclosure coordinator will provide a written report to the Minister for Environment and
Conservation, the Ombudsman and the whistleblower setting out the findings of the investigation and
any remedial steps taken.
Where the investigation concludes that the disclosed conduct did not occur, the protected disclosure
coordinator must report these findings to the Ombudsman and to the whistleblower.
12. Managing the welfare of the whistleblower
12.1 Commitment to protecting whistleblowers
GVW is committed to the protection of genuine whistleblowers against detrimental action taken in
reprisal for the making of protected disclosures. The protected disclosure coordinator is responsible
for ensuring that whistleblowers are protected from direct and indirect detrimental action, and that the
culture of the workplace is supportive of protected disclosures being made.
The protected disclosure coordinator will appoint a welfare manager (see paragraph 6.4) to all
whistleblowers who have made a protected disclosure. The welfare manager will:
12.1.1 examine the immediate welfare and protection needs of a whistleblower who has made a
disclosure and, where the whistleblower is an employee, seek to foster a supportive work
environment;
12.1.2 advise the whistleblower of the legislative and administrative protections available to him or her;
12.1.3 listen and respond to any concerns of harassment, intimidation or victimisation in reprisal for
making disclosure;
12.1.4 keep a contemporaneous record of all aspects of the case management of the whistleblower
including all contact and follow-up action; and
12.1.5 ensure the expectations of the whistleblower are realistic.
All employees should be advised that it is an offence for a person to take detrimental action in reprisal
for a protected disclosure. The maximum penalty is a fine of 240 penalty units ($24,000) or two years
imprisonment or both. The taking of detrimental action in breach of this provision can also be grounds
for making a disclosure under the Act and can result in an investigation.
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Detrimental action includes:
12.1.6 causing injury, loss or damage;
12.1.7 intimidation or harassment; and
12.1.8 discrimination, disadvantage or adverse treatment in relation to a person’s employment, career,
profession, trade or business (including the taking of disciplinary action).
12.2 Keeping the whistleblower informed
The protected disclosure coordinator must ensure that the whistleblower is kept informed of action taken
in relation to his or her disclosure, and the time frames that apply. The whistleblower should be informed
of the objectives of an investigation, the findings of an investigation, and the steps taken by GVW to
address any improper conduct that has been found to have occurred. The whistleblower should be given
reasons for decisions made by GVW in relation to a protected disclosure.
12.3 Occurrence of detrimental action
If a whistleblower reports an incident of harassment, discrimination or adverse treatment that would
amount to detrimental action taken in reprisal for the making of the disclosure, the welfare manager will:
12.3.1 record details of the incident;
12.3.2 advise the whistleblower of his or her rights under the Act; and
12.3.3 advise the protected disclosure coordinator or chief executive officer of the detrimental action.
The taking of detrimental action in reprisal for the making of a disclosure can be an offence against
the Act as well as grounds for making a further disclosure. Where such detrimental action is reported,
the protected disclosure coordinator will assess the report as a new disclosure under the Act. Where
the protected disclosure coordinator is satisfied that the disclosure is a public interest disclosure, he or
she will refer it to the Ombudsman. If the Ombudsman subsequently determines the matter to be a
public interest disclosure, the Ombudsman may investigate the matter or refer it to another body for
investigation as outlined in the Act.
12.4 Whistleblowers implicated in improper conduct
Where a person who makes a disclosure is implicated in misconduct, GVW must handle the disclosure
and protect the whistleblower from reprisals in accordance with the Act, the Ombudsman’s Guidelines
and these procedures. GVW acknowledges that the act of whistleblowing should not shield
whistleblowers from the reasonable consequences flowing from any involvement in improper conduct.
Section 17 of the Act specifically provides that a person’s liability for his or her own conduct is not
affected by the person’s disclosure of that conduct under the Act. However, in some circumstances, an
admission may be a mitigating factor when considering disciplinary or other action.
The chief executive officer of GVW will make the final decision on the advice of the protected disclosure
coordinator as to whether disciplinary or other action will be taken against a whistleblower. Where
disciplinary or other action relates to conduct that is the subject of the whistleblower’s disclosure, the
disciplinary or other action will only be taken after the disclosed matter has been appropriately dealt
with.
In all cases where disciplinary or other action is being contemplated, the chief executive officer of GVW
should be satisfied that it has been clearly demonstrated that:
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Appendix: 112.4.1 the intention to proceed with disciplinary action is not causally connected to the making of the
disclosure (as opposed to the content of the disclosure or other available information);
12.4.2 there are good and sufficient grounds that would fully justify action against any non-
whistleblower in the same circumstances; and
12.4.3 there are good and sufficient grounds that justify exercising any discretion to institute disciplinary
or other action.
The protected disclosure coordinator will thoroughly document the process including recording the
reasons why the disciplinary or other action is being taken, and the reasons why the action is not in
retribution for the making of the disclosure. The protected disclosure coordinator will clearly advise the
whistleblower of the proposed action to be taken, and of any mitigating factors that have been taken
into account.
13. Management of the person against whom a disclosure has been made
GVW recognises that employees against whom disclosures are made must also be supported during the
handling and investigation of disclosures. GVW must take all reasonable steps to ensure the confidentiality
of the person who is the subject of the disclosure during the assessment and investigation process. Where
investigations do not substantiate disclosures, the fact that the investigation has been carried out, the results of
the investigation, and the identity of the person who is the subject of the disclosure will remain confidential.
The protected disclosure coordinator will ensure that the person who is the subject of any disclosure
investigated by or on behalf of GVW is:
13.1 informed as to the substance of the allegations;
13.2 given the opportunity to answer the allegations before a final decision is made;
13.3 informed as to the substance of any adverse comment that may be included in any report arising from
the investigation; and
The defence of the person who is the subject of any disclosure should be set out fairly in any report.
Where the allegations in a disclosure have been investigated, and the person who is the subject of the
disclosure is aware of the allegations or the fact of the investigation, the protected disclosure coordinator will
formally advise the person who is the subject of the disclosure of the outcome of the investigation.
GVW will give its full support to a person who is the subject of a disclosure where the allegations contained in
a disclosure are clearly wrong or unsubstantiated. If the matter has been publicly disclosed, the chief executive
officer of GVW will consider any request by that person to issue a statement of support setting out that the
allegations were clearly wrong or unsubstantiated.
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14. Criminal offences
GVW will ensure that officers appointed to handle protected disclosures and all other employees are aware of
the offences created by the Act set out below.
14.1 It is an offence for a person to take detrimental action against a person in reprisal for a protected
disclosure being made. The Act provides a maximum penalty of a fine of 240 penalty units ($24,000) or
two years imprisonment or both.
14.2 It is an offence for a person to divulge information obtained as a result of the handling or investigation of
a protected disclosure without legislative authority. The Act provides a maximum penalty of 60 penalty
units ($6,000) or six months imprisonment or both.
14.3 It is an offence for a person to obstruct the Ombudsman in performing his responsibilities under the Act.
The Act provides a maximum penalty of 240 penalty units ($24,000) or two years imprisonment or both.
14.4 It is an offence for a person to knowingly provide false information under the Act with the intention that it
be acted on as a disclosed matter. The Act provides a maximum penalty of 240 penalty units ($24,000) or
two years imprisonment or both.
15. Review
These procedures will be reviewed annually to ensure they meet the objectives of the Act and accord with the
Ombudsman’s Guidelines.
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