Crown Solicitor’s Office

Crown Solicitor: Ian Knight

• Provides core legal services for the State of NSW in constitutional, administrative and inter-governmental law.
• Conducts a general law practice for government agencies.
• Provides legal advice, conducts litigation and transaction work.
• Undertakes special governmental services such as providing assistance to Royal Commissions, other inquiries and inter-governmental committee work.

Registrar: Trevor Stacey

• Records all births, deaths, marriages, changes of names, and adoptions occurring in NSW.
• Provides documentation to individuals to help them establish a range of legal entitlements.
• Collects statistical information for governments and other organisations.
• Performs civil marriages and registers name changes for people born or resident in NSW.
• Holds approximately 15 million records dating from 1787 to the present day.

The Crown Solicitor’s Office (CSO) provided advice to the Attorney General and Government on a wide range of issues. Advice was provided to agencies on the Y2K “Millennium Bug” and the Crown Solicitor chaired the legal working party which reported to the Government’s Y2K Task Force. The CSO also advised on:

• The validity of the Appropriation Act 1998;
• Audit of SOCOG Sports Commission;
• The Sydney Water Inquiry and liability for contamination of Sydney’s water;
• Dedicated Aboriginal seats in Parliament;
• GST arrangements between the Commonwealth and the States;
• The Republic issue;
• Privileged information between counsellors and alleged sexual assault victims;
• Safe injecting rooms (shooting galleries); and
• The format of the Legislative Council ballot paper.

The Crown Solicitor’s Office assisted or represented clients in many matters involving the NSW Government and its agencies.

These included:

• BT Australasia Pty Ltd & BTplc v State of NSW & Telstra Corporation Limited (litigation concerning termination of a telecommunications contract);
• The inquiry and inquest into the Thredbo disaster;
• The inquiry by the Conduct Division of the Judicial Commission into complaints against former Justice Vince Bruce;
• The inquest into the Sydney-Hobart yacht race deaths;
• Wallis Lake oysters contamination litigation;
• Yorta Yorta Native Title litigation;
• Egan v Chadwick (litigation concerning the powers of the Legislative Council to require production of State papers);
• Consolidated Divers Group v Minister for Fisheries (litigation concerning the management of abalone fisheries);
• The HomeFund litigation; and
• The ICAC inquiry into prisons.

The Crown Solicitor’s Office (CSO) achieved an operating profit of $2.848 million in 1998/99 which will return a dividend of $1.994 million to the Government. During the financial year, the CSO paid a dividend of $3.091 million to the Government based on the previous year’s operating profit. This continues the CSO’s record of operating surpluses every year since commercialisation. During the year, an increased workload led to staff increases and occupancy of an additional half floor of office space. The CSO successfully completed a pilot scheme using solicitor advocates. Approval was given to create four permanent solicitor advocate positions.

The introduction of the CSO information technology strategy led to an extensive IT upgrade. This included purchasing new servers and replacing all PCs. The CSO also began the development of a program, in conjunction with major clients, to use country and regional agents to improve the efficiency of its conduct of country litigation.


Achieving excellence and innovation in service delivery

As well as continuing the registration of all life events in NSW, the Registry of Births Deaths and Marriages (BDM) commenced the roll-out of facilities for the electronic lodgment of death registration information. This was part of a pilot project conducted with the Australian Funeral Directors’ Association. BDM also started a Certificate Validation Service pilot with the Roads and Traffic Authority as a security initiative.

BDM completed all computer system rectification work as part of its Y2K program. BDM called for tenders to convert all records of births, deaths and marriages from 1856 to 1952 from handwritten records to electronically accessible media. This will involve the conversion of 8 million records. The tender will be let by the end of July, 1999.

To track customer service levels and improve processes, BDM conducted customer feedback surveys and monitored issues that were communicated to the Registry.

During the year, genealogical services were extended to the Internet with the release of historical indexes for the period 1856–1945. An average of 430 searches are being made per hour and the service operates 24 hours a day.

BDM continued to develop and market products which included commemorative, marriage, death, genealogical and adoption certificates. BDM continued to produce certificates meeting the needs of clients.

As Valentine’s day was on a Sunday in 1999, BDM opened especially for the occasion and conducted 19 marriages. This was in addition to providing the standard marriage services throughout the year.


Using resources effectively

The Registry of Births Deaths and Marriages (BDM) published its first Marketing Plan this year, which included targeted marketing strategies for existing and new products and services. These will significantly improve BDM’s capacity to better manage its sales volume and growth objectives.

BDM also introduced a Human Resource Strategic Plan to improve overall productivity and efficiency. The plan focuses on increased multi-skilling and as a result, flexibility and mobility within the staffing structure.

The Business Driven Management Improvement Strategy was launched this year, based on the Australian Quality Council's Business Excellence Framework. The strategy concentrates on improving communication (by introducing the Teambrief communication process) and management of data, information and knowledge.

During 1998/99, BDM introduced the Shareholder-Value-Added Measurement System with NSW Treasury, for uniform and comparative financial performance assessment. It also introduced Activity-Based Costing to all Registry processes, signed an agreement with the Royal Australian Mint to market Baby Coin sets, and introduced 'Corpalign', a corporate planning and monitoring package to better manage strategic and financial planning services.


The year ahead

The Crown Solicitor’s Office will:

• Attain Quality In Law certification to level III;
• Complete a comprehensive staff manual which details and standardises administrative functions; and
• Improve IT capacity and introduce improved litigation support.

• Extend electronic lodgment of death registration across the funeral industry and promote adoption by other Australian Registries;
• Work with the Australian Bureau of Statistics, hospitals and medical practitioners, to develop a new standardised Cause of Death Form as part of its support for a common national vital statistics data set;
• Continue to convert all birth, death and marriage records from 1856 to 1952 to electronically accessible media;
• Develop new products and services, especially in electronic commerce; and
• Develop and promote a NSW and National Data Access and Pricing Policy and examine the feasibility of establishing a National Data Unit that promotes national standards.