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Annual Report 2008-09 - Legal Services Commissioner

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Chapter SEVEN<br />

Governance<br />

Five year financial summary<br />

The following table provides a summary of the <strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong>’s financial activity for the past four years. As the<br />

<strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong> was established on 12 December 2005, data is only available for four reporting periods. The<br />

data for the 2005-06 reporting period is only partial and accounts for under seven month’s operation. Full details of the <strong>Legal</strong><br />

<strong>Services</strong> <strong>Commissioner</strong>’s financial activity can be found on page 59 of this report.<br />

Table: Four year summary of financial operations<br />

<strong>2008</strong>-<strong>09</strong> 2007-08 2006-07 12/12/2005-06<br />

Revenue from Funding 6,330,360 6,576,200 5,350,000 2,950,000<br />

Other Revenue 3,015,436 2,905,153 1,218,923 422,046<br />

Total Revenue 9,345,796 9,481,353 6,568,923 3,372,046<br />

Total Expenditure 9,300,774 8,417,543 6,955,922 3,116,235<br />

Net Result 45,022 1,063,810 -386,999 255,811<br />

Net Cash Flow from operating<br />

activities<br />

(295,312) 1,350,813 25,975 731,597<br />

Total Assets 3,050,691 2,524,595 1,372,924 251,584<br />

Total Liabilities 2,043,680 1,562,607 1,474,746 222,219<br />

Summary of financial activity in <strong>2008</strong>-<strong>09</strong><br />

During <strong>2008</strong>-<strong>09</strong>, the <strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong>’s result<br />

from ordinary activity was affected by the following:<br />

• The <strong>2008</strong>-<strong>09</strong> budget was developed on the basis<br />

that the <strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong> would refer or<br />

delegate 200 new complaint files to the Law Institute of<br />

Victoria for processing. As a result of the decision of the<br />

Court of Appeal of the Victorian Supreme Court in May<br />

<strong>2008</strong> in the matter of Byrne v Marles a new procedure<br />

resulted in all files in the possession of the Law Institute<br />

of Victoria being returned to the <strong>Legal</strong> <strong>Services</strong><br />

<strong>Commissioner</strong> for additional steps. As a result the file<br />

load at the <strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong> increased<br />

significantly and the number of files at the Law Institute<br />

of Victoria dropped accordingly. A transitional plan was<br />

developed that identified a number of steps to alleviate<br />

the situation. These resulted in the liability of the <strong>Legal</strong><br />

<strong>Services</strong> <strong>Commissioner</strong> to pay reasonable costs of the<br />

Law Institute of Victoria being reduced substantially and<br />

with the savings the <strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong> was<br />

able to employ staff to handle the additional workload.<br />

The net variance of salaries and service cost was an<br />

increase from <strong>2008</strong>-<strong>09</strong> of $190,000. The costs were<br />

within budget parameters.<br />

• Consultant and legal costs increased from $535,000<br />

to $1,048,000. The increase indicates an increase of<br />

operating activity and the increasing complexity of legal<br />

matters considered by the <strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong><br />

as well as Tribunal and court proceedings.<br />

Audit Committee<br />

Chairperson: Ms Marie Turner<br />

Members: Mr John Coates, Mr Nick Daicos<br />

The membership of the <strong>Legal</strong> <strong>Services</strong> <strong>Commissioner</strong>’s Audit<br />

Committee is composed of three people from external<br />

organisations, each of which has extensive experience<br />

in financial management. The committee met five times<br />

during <strong>2008</strong>-<strong>09</strong>.<br />

The Committee reviews reports of audits conducted by the<br />

external and internal auditors, assesses the management<br />

of risk, and determines the adequacy of the <strong>Legal</strong> <strong>Services</strong><br />

<strong>Commissioner</strong>’s financial and accounting controls and<br />

administrative processes.<br />

54 <strong>Legal</strong> <strong>Services</strong> COMMISSIONER 20<strong>09</strong> <strong>Annual</strong> <strong>Report</strong>

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