Governance

Corporate Governance outlines the system of rules, practices and processes, by which corporations are controlled and directed.

Effective Corporate Governance is supported by strong relationships between the Board of Directors, the Executive Leadership Team, Shareholding members and other stakeholders and is demonstrated by TasPorts leadership.

TasPorts has two Shareholding Ministers: Deputy Premier Michael Ferguson, as the Tasmanian Minister for Infrastructure and Treasurer, and Felix Ellis MP as the Minister for Resources.

TasPorts operates under a Corporate Governance System consistent with ASX’s key principles and recommendations of Corporate Governance, published by ASX Corporate Governance Council, and the Tasmanian Government’s Government Business Governance Framework.

The Company is managed by a Shareholder-appointed Board of five Directors, all of which are independent Non-Executive. The Board provide overall strategic direction to TasPorts.

Board of Directors

Statement of Corporate Intent (SOCI)

Statement of Corporate Intent (SOCI)

TasPorts’ Statement of Corporate Intent (SOCI) is a high level summary of the Corporate Plan and includes a performance agreement between the Board of the Tasmanian Ports Corporation and the Shareholding Ministers.

The performance agreement details the key financial and non-financial targets for TasPorts, as agreed between the Board and the Shareholding Ministers through the corporate planning process.

Our SOCI has been prepared in accordance with the Members’ Statement of Expectations for TasPorts.

The Members’ Statement of Expectations stipulates the Government’s broad policy expectations and requirements for the Tasmanian Ports Corporation Pty Ltd (TasPorts).

The Corporations Act 2001 and the Constitution of the Tasmanian Ports Corporation govern the operation of the Company.

This Statement should be read in conjunction with the following Acts:

  • Tasmanian Ports Corporation Act 2005 (Portfolio Act)
  • Government Business Enterprises Act 1995

This Statement takes effect from the date it is signed and remains in effect until it is amended or revoked.

Board Governance Charter

The Board Governance Charter is a document that clearly defines the respective roles, responsibilities and authorities of the Board of Directors (both individually and collectively) and management in setting the direction, management and the control of the organisation.

The Board Governance Charter records the governance guidelines for TasPorts. The Charter serves a number of important functions, including:

  • Outlining the functions and responsibilities of the Board;
  • Detailing the structure of the Board and the role of Board members; and
  • The Board’s principal objectives and strategic focus.

Human Resources & Remuneration Committee Charter

The Human Resources & Remuneration Committee (the Committee) is a sub-committee of the Board.

The Committee is comprised of:

  • Allison Clarke (Chair)
  • Jo-Anne Harrison
  • Stephen Bradford

The function of this Committee is to report to the Board of Directors and provide appropriate advice and recommendations to assist the Board in the discharge of its corporate governance responsibilities in relation to human resources.

Audit & Risk Management Committee Charter

The Audit & Risk Management Committee (the Committee) is a sub-committee of the Board.

The Committee is comprised of:

  • Amara Doyle (Chair)
  • Graham Hooper
  • Stephen Bradford

The Committee’s primary roles cover audit and risk through external audits, internal audits and reviews of risk and compliance.

Treasury Management Policy

TasPorts’ Treasury management objectives are to:

  • Adopt appropriate governance to ensure all treasury risks are identified, quantified and managed;
  • Maintain an appropriate level of liquidity;
  • Maintain an appropriate cost of capital;
  • Satisfy debt covenants; and
  • Maintain the flexibility to adjust the business treasury model to changes in economic conditions.

These objectives are achieved through our Treasury Management Policy.

Public Interest Disclosure Policy

TasPorts is committed to the aims and objectives of the Public Interest Disclosures Act 2002 (the Act). It does not tolerate improper conduct by its employees, officers or members, or the taking of detrimental action against those who come forward to disclose such conduct.

TasPorts recognises the value of transparency and accountability in its administrative and management practices, and supports the making of disclosures that reveal the type of conduct to which the Act is directed.

TasPorts will take all reasonable steps to protect people who make such a disclosure from any detrimental action in reprisal for making the disclosure, and to protect their welfare. It will also afford natural justice to all parties involved in the investigation of a disclosure.

Privacy Policy

TasPorts is committed to protecting your personal information and understand the importance of protecting it.

TasPorts Privacy Policy outlines the types of personal information we usually collect, the purposes for which we collect it, to whom we disclose it, including how to complain and how we deal with complaints.

Modern Slavery Policy

TasPorts has a strong commitment to social responsibility. In formulating and delivering our business strategy we take into account our responsibility to the community, environment, our people and our clients.

The purpose of this policy is to:

  • Ensure that the goods and services purchased through our supply and value chains are ethical and minimise or eradicate modern slavery risks;
  • Set out the responsibilities of TasPorts, our employees, operations and suppliers in observing and upholding TasPorts' position on modern slavery; and
  • Provide information and guidance to our employees on how to recognise and deal with modern slavery issues.

This policy is endorsed by TasPorts' board and senior management, who have ultimate responsibility for its implementation. References in this policy to TasPorts include a reference to all of TasPorts' subsidiaries.

Whistleblower Policy

TasPorts recognises the importance and accountability in its operations to promote best practice in corporate governance and is committed to the highest standards of conduct and ethical behaviour in all its business activities across all entities. 

The Whistleblower Policy ensures individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be protected and supported. 

What is the Right to Information?

The Right to Information Act 2009 (RTI Act) commenced on 1 July 2010 replacing the Freedom of Information Act and provides for greater access to information held by government bodies.

Tasmanian Ports Corporation Pty Ltd (TasPorts), as a State Owned Company, is required by the RTI Act to make information available to the public through proactive disclosure. This means we must routinely make information available, which will assist the public in understanding what we do and how we do it.

The RTI Act:

  • Authorises and encourages greater routine disclosure of information held by public authorities without the need for requests or applications;
  • Authorises and encourages greater active disclosure of information held by public authorities in response to informal requests without the need for applications;
  • Gives members of the public an enforceable right to information held by public authorities; and
  • Provides that access to information held by government bodies is restricted in only limited circumstances which are defined in the Act.

How do I make a Right to Information application?

Before lodging a RTI application, prospective applicants are encouraged to directly seek access to information through mediums such as TasPorts’ website, publications and reports (e.g. our Annual Report).

A direct approach is usually a quicker and more effective avenue to obtain information that is generally available.

Some information is not released in this way, either because it is not of general public interest or because it is information TasPorts would need to assess against the exemptions in the RTI Act prior to disclosure.

You may find information relating to TasPorts in one of the following ways:

Direct from TasPorts:

  • Search TasPorts’ website at www.tasports.com.au
  • Annual Reports – these are available on our website or able to be provided upon request.
  • TasPort’s publications including brochures, newsletters and media releases, which are available on our website or able to be provided upon request.
  • Email your information request to TasPorts to rti@tasports.com.au
  • Speak to a TasPorts representative by calling 1300 366 742

Through the Tasmanian Archives and Heritage Office (TAHO):

If it is old information it may have been deposited with the Tasmanian Archives and Heritage Office.

If you cannot find the information via one of these direct means, please contact TasPorts and we may be able to provide it to you or otherwise we may be able to assist in finding it. If the information is not freely available we will assist you in making an application for an assessed disclosure.

How do I make a Right to Information application for an assessed disclosure?

A RTI application for assessed disclosure must be made to the department, authority or council holding the relevant information or most closely linked to the information.

Applicants are strongly encouraged to use an RTI request form to help ensure that the necessary details are provided. A copy of the form can be obtained from any of our offices located at Devonport, Burnie, Bell Bay and Hobart and is able to be downloaded below.

If you do not use the form provided, please note that your application must be made in writing and include the information required in the request form – this is a requirement of Regulation 4 of the Right to Information Regulations 2010.

Applications for TasPorts are to be addressed and sent to:

Secretary
Right to Information
Tasmanian Ports Corporation Pty. Ltd.
PO Box 478
Devonport TAS 7310

Or email to rti@tasports.com.au

Make sure you have looked for the information before you make a formal application, because if the information is otherwise available, your application may be refused without the return of your application fee.

Right to Information fee

All RTI applications are subject to an application fee. This fee is $40.50 as at 1 July 2019 and is indexed annually in accordance with the provisions of the Act. Upfront payment of the fee is required when you lodge your application.

The application fee may be reduced or waived in certain circumstances. These circumstances include where:

  • You are in financial hardship and on income support payments;
  • You are a member of parliament and the application is in connection with your official duty; or
  • You require the information for a purpose that is of general public interest or benefit.

If you make an application for reduction or waiver of the fee for any of these reasons it is a requirement that you provide supporting evidence.

What will TasPorts do once my application is received?

TasPorts will check your application to make sure all the required information has been provided and that the application fee has been received (unless arrangements have been made to waive the fee).

TasPorts may transfer your application to another public authority if we do not believe we are best placed to provide you with the information.

Before your application is accepted, TasPorts may need to contact you to ask you about your application, this will help us to understand your request.

Once your application has been accepted, a TasPorts officer will assess your application against the Right to Information Act 2009.

You will be notified of the decision on your application in writing within 20 working days (1 month) of the application being accepted.

TasPorts may ask you to allow more time to process your request if it is complex or for a large amount of information.

The time given to complete the request will automatically extend to 40 working days (2 months) if there is a need to consult with a third party. TasPorts will advise you if this is the case.

What if my Right to Information application is rejected?

If your RTI application or part thereof is rejected, the reasons for this will be provided to you in writing along with details on your right to seek a review.

If you wish to seek a review of the decision this must be done in writing and addressed and sent to:

Secretary
Right to Information
Tasmanian Ports Corporation Pty. Ltd.
GPO Box 478
Devonport TAS 7310

If the officer assessing your request does not contact you within 20 working days (1 month) then TasPorts are taken to have refused your application. You may make an application for review to the Ombudsman if you choose. Information on how to apply for a review by the Ombudsman can be found on the Ombudsman Website.

Further Information

Further information on the RTI Act is available via the following links:

TasPorts is aware of the responsibility it bears towards our clients, employees and the communities in which we work. Therefore, we have given ourselves a strict set of ethical standards to guide us in our business dealings.

The ‘Supplier Code of Conduct’ ensures that each of our suppliers adheres to the same ethical standards and outlines a set of minimum standards for doing business with any suppliers.