OUTPUT CLASS - PROSECUTION OF OFFENCES
Description
This output class covers the services that relate to the prosecution of offences against fisheries laws.
Objectives
Successfully prosecute those who have offended against fisheries laws.
Output 61 Prosecutions managed
Description
Fisheries-related prosecutions managed. This includes case preparation and presentation, and management of forfeit property.
Performance Expectations
Performance expectations table.
| Dimension | Description | Target | Actual |
|---|
| Quality | % of cases that meet prima facie requirements | >=95% | 98%% |
|---|
| | % of successful prosecutions under the Fisheries Act 1996 | >=90% | 86% |
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| | % of successful prosecutions under fisheries regulations | >=60% | 90% |
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| Cost | % variance actual vs. budget | <=5% | 11% |
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| Time | % of agreed milestones achieved | 100% | 0% |
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Linkage to contributing outcomes
This output links to the contributing outcome "Maintain the integrity of the existing fisheries management and marine biosecurity frameworks" through the prosecution of offenders, thereby creating a deterrent to offending.
Table of actual performance of milestones.
| Milestone | Quality & Time | Commentary |
|---|
| A national prosecution strategy developed by 1 July 2003 and in accordance with the standards in the Crown Law guidelines and Compliance business policies. | Quality:
Not measured Time:
Not achieved | A national prosecution strategy has been developed and was presented to Compliance managers at a planning session in November 2003. |
|---|
| Prosecutions undertaken in accordance with the Crown Law guidelines and Compliance business policies. | Quality:
Not measured Time:
Not measured | Crown Law Office prosecution guidelines and Compliance business policies have been complied with.
The 2003/04 success rate for prosecutions under the Fisheries Act 1996 was 86%. Of the 28 unsuccessful prosecutions, 19 were a result of section 233 [Knowingly engaging in commercial activity, or receiving or possessing fish, in contravention of Act] charges failing to apply to poaching/black ] market activities. When those matters are excluded, the success rate for Act prosecutions is 94%. The section 233 legal loophole has been addressed. |
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FINANCIAL PERFORMANCE
Financial performance.
2003
Actual
$000 | | 2004
Actual
$000 | 2004
Supp
Estimates
$000 | 2004
Actual as a %
of Supp
Estimation |
|---|
| | Revenue: | | | |
|---|
| 3,874 | Crown | 4,067 | 4,067 | 100 |
|---|
| - | Other | 1 | 5 | 20 |
|---|
| 3,874 | Total revenue | 4,068 | 4,072 | 100 |
|---|
| | Expenses: | | | |
|---|
| 3,356 | Prosecutions managed | 3,608 | 4,072 | 89 |
|---|
| 3,356 | Total expenses | 3,608 | 4,072 | 89 |
|---|
| 518 | Surplus | 460 | - | - |
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