Land tenure Institutions

Posted May 1997

Bertinoro I
High-level Technical Seminar:
Private and Public Sector Cooperation
in National Land Tenure Development in Eastern and Central Europe

University Residential Centre
Bertinoro, Italy
1-5 April 1997

Participation in Land Information System Development and Administration: Outsourcing as a Tool for Effective Land Data Administration

by Graham Lanphier
Deputy Director
Land Titles Office
Victoria, Australia
e-mail: glanphier@nre.vic.gov.au
and John Parker
Surveyor General of Victoria, Australia
e-mail: john.parker@osg.vic.gov.au
representing the Overseas Projects Corporation of Victoria
e-mail: rcross@opc.vic.gov.au

MANY GOVERNMENTS around the world are "re-inventing government", i.e. they are looking at different approaches to undertaking government business. This has involved assessing what should be the role of government and how can services be delivered in the most efficient and effective way for the benefit of all. Opening up services to national markets, and streamlining the regulatory framework to improve the competitiveness of the economy have been mechanisms used.

Australia has over the last few years made considerable changes to the number of government services provided and to the way they are delivered. Within Australia, trade practices, competition policies and mutual recognition of trade, professions and occupations across jurisdictions have all been re-assessed. This has resulted in the sale of many government enterprises in the electricity and gas utility sectors, and the delivery of land, corporate and vehicle registration services. Large water and sewerage authorities have been divided into several separate businesses but created as state owned enterprises to create competition, operating as if they were private enterprises. There has been a strong desire to separate the purchaser/provider relationship in these traditional public operations.

This same approach within the land information industry in Australia has seen much of the "doing" work of government "outsourced" to the private sector. Government is now confining its role to "steering" rather than "rowing."

This paper will look at how the delivery of government services in the State of Victoria, Australia, has changed. Discussion will relate to how contracting out of survey, mapping, title registration and related services has occurred, the role quality assurance has played, and the provision of private sector finance. The role of the private sector in delivering government services and the sale of government related businesses to the private sector, where the ownership of intellectual property and public assets is retained by government but managed by the private sector. Specific examples relating to survey, mapping, title registration, aerial photography and digital data will be examined.

Introduction

Increasingly, governments worldwide are looking for alternative strategies to current funding methods and structures for delivering public service. The global recession provided an incentive for governments to reassess the role of the public service. Australia has, over the last few years, made considerable changes to the number of government services provided and to the way they are delivered. Measures have been adopted to minimise government intervention and expenditure (capital and recurrent), and make more efficient use of public sector resources. Trade practices, competition policies and mutual recognition of trades, professions and occupations across jurisdictions, have all been reassessed. Restructuring, privatisation and outsourcing of certain public sector functions are some approaches which have been used by governments within Australia to improve public sector efficiency.

Government policy and associated reforms have a direct impact upon survey, mapping and related services. As Hoogsteden & van Zyl (1992) note, governments have traditionally accepted responsibility for such services, particularly cadastral functions, also retaining control over the provision of these. In the quest for improvements in public sector productivity and service quality, the provision of survey and mapping services by the government are being reassessed, and subjected to reforms outlined by government policy.

Victoria, Australia

Victorian policy and objectives

In 1992, the State of Victoria, Australia, underwent a change of government. The new government immediately implemented a major programme of economic and financial reform, the overriding objective of which was to improve the living standards of Victorians, by making Victoria a better place to live, to invest and to do business. The Government recognised that an essential element of this programme was public sector reform, with a reduction in the cost of government critical to industry competitiveness (State of Victoria 1994). Objectives for the reform of the public sector included: A range of measures are currently being implemented in order to achieve these objectives, such as:

National policies

Victoria also embraces national uniformity in adopting standards for enhancing market efficiency such as Mutual Recognition and National Competition policies.

National competition policy

Recognising the need for economic reform throughout Australia, governments and industry advocated the removal of impediments to the freer operation of market forces, particularly in the labour market, manufacturing industry, and in areas of public responsibility such as transport, communications and electricity supply (Alford 1994). To address restrictions on competition within Australia, the implementation of a National Competition Policy was agreed to by the Council of Australian Governments in April 1995. The principle aims of this policy were to facilitate effective competition in the interests of economic efficiency, deliver benefits to consumers and taxpayers and, by improving the flexibility of the economy, improve its capacity to respond to changing market opportunities (Hilmer 1993).

Australian Commonwealth, State and Territory governments have now adopted the following principles to address restrictions on competition in the Australian economy:

Through the application of competition principles to the delivery of government goods and services, internal efficiencies and responsiveness to customer needs will be improved. With competition policy implemented by all jurisdictions, improved economic efficiency will significantly benefit the national economy. At this stage, different States and Territories have taken up National Competition Policy at different rates, with Victoria leading the way and employing competition for the benefit of consumer choice.

Mutual recognition

The principles of Mutual Recognition have also been implemented to address national economic efficiency concerns, the primary purpose being to promote the goal of freedom of movement of goods and practitioners in a national market in Australia. Mutual Recognition aims to ease existing regulatory barriers that impede the movement of practitioners and the sale of goods from one jurisdiction to another. Both the Federal Government and each State and Territory Government in Australia have their own Mutual Recognition Act.

With regard to cadastral surveying, there has been a Surveyors Board Agreement between the Surveyors Boards of the Australian States, Territories and New Zealand, in place since 1892 incorporating the ideas of mutual recognition. This means that a registered surveyor in one state is entitled, on notification to the local registration authority, to be registered to practice as a cadastral surveyor in another state. This allows the freedom of movement of practitioners to meet market demand and encourages the development of an accurate homogenous cadastre within Australia and New Zealand (Office of Surveyor General 1995).

The deregulation of land valuers in Victoria in 1994 was also in line with mutual recognition principles. While land valuers were required to be registered in Victoria, other States and Territories did not require registration, resulting in a partially registered occupation. The Council of Australian Governments agreed in 1992 that registration requirements would be removed for partially registered occupations unless it was essential for public health or safety. Compulsory registration of all land valuers in Victoria was therefore abolished, removing an unnecessary barrier to entry into the profession and streamlining the regulatory framework, with standards for valuers now set by professional bodies. Consumers directly benefit from a more competitive market in land valuation services as a result of the deregulation of the land valuation profession

Victorian initiatives

Various strategies employed by the Government to achieve their stated objectives are canvassed below.

Restructuring of the Public Sector

The minimisation of government bureaucracy, and the subsequent restructuring of the public sector, has resulted in a reduction in government departments from twenty two in 1992 to the current eight departments in 1997. The Department of Natural Resources and Environment is one example of the amalgamation and integration of public sector activities. Separately managed functions relating to primary industries, natural resources, the environment and other public and private land management throughout the State, were brought together into the one department. Amalgamation has enabled the Department to focus on improved outcomes through the integration of policy advice to government, reduced duplication of services, and improved customer service.

Separation of the purchaser and provider of services

One tool being used by Government to achieve their objectives is the separation of the purchaser of services from the provider of these services. In 1993, the independent Victorian Commission of Audit recommended the implementation of a results based management framework whereby the Government purchases goods and services from its agencies to meet its policy goals (State of Victoria 1995). By changing the focus of management from inputs to emphasising outputs and outcomes, the most efficient and effective way of producing these outputs could be identified. The concept of the separation of purchaser/provider means that while Government continues to fund "public good" activities, it is able to purchase these services from the most efficient provider, be it from external or internal service providers. This leads to greater contestability in the way services are delivered, resulting in improvements in both the quality and efficiency of services, and improves client choice in a range of service delivery areas.

The Department of Natural Resources and Environment, Victoria, is now using the concept of the separation of the purchaser and provider of services to increase the transparency of policy and planning and to identify opportunities for competitive delivery of services. New Zealand has also implemented this concept with a new department, Land Information New Zealand (LINZ), being split into a regulatory side and a service delivery side. The department retains responsibility for policies, regulations, and standards, and continues to own base information such as the cadastre, the Digital Cadastral Database and the Land Titles Office registers and data. The commercial survey, mapping and land activities such as survey control and maintenance, are now the responsibility of a State Owned Enterprise (SOE). The SOE is offered contracts by the department on a first refusal basis until 1998, after which the contracts will become contestable.

Privatisation and corporatisation

Traditionally, government services have been produced by the public sector. With the reform process currently being undertaken however, the focus is on how these services can be produced most efficiently. As Government Business Enterprises (GBE's) have historically operated in industries with a legislated monopoly, there have been few opportunities for competition to be developed in these markets. The Victorian Government is currently undertaking a restructuring and privatisation program for all Significant GBE's in order to introduce competition and improve efficiency and customer service. Reform of GBE's has occurred/is occurring throughout areas including the water, electricity, gas, ports, transport, aluminium and land sectors. The electricity supply industry is at the forefront of the Victorian's Government's privatisation program, having been restructured from a vertically integrated monopoly into i) five distribution businesses (each comprising a competitive energy retailing arm and a regulated local distribution monopoly), ii) a regulated monopoly transmission system owner, iii) a wholesale electricity market and system security operator, and iv) a number of competing generators. A similar structure for the gas industry is currently being developed with the aim of obtaining the lowest sustainable gas prices for consumers. Current government policy promotes privatisation of government businesses where a net public advantage from the sale occurs (State of Victoria 1996).

Significant Government Business Enterprises which are not to be privatised, are to be conducted on a fully commercial and competitively neutral basis. These GBE's must face all the costs that are normally borne by the private sector, or else risk distorting competition. A prime example of the corporatisation of GBE's are the original government owned water and sewerage authorities which have been divided into several separate businesses but created as state owned enterprises operating as if they were private businesses.

Both privatisation and corporatisation of GBE's lead to a working environment which encourages innovation and flexibility. Power companies for example, may venture into the telecommunications market. Implementation of the GBE reform process in Victoria is a means to improve customer service, increase customer involvement and choice, reduce management costs, and achieve lower priced and better quality services. The Victorian GBE reform program is consistent with the competition principles endorsed by the Council of Australian Governments, and has served as a model for the other States and Territories in Australia, prompting them to undertake their own reform programs.

VicIMAGE

Survey, mapping and related services provided by the public sector are not immune to Government policy and the current reform agenda. The privatisation of VicIMAGE, a specialist aerial photography service within Survey and Mapping Victoria, was finalised in August 1995. VicIMAGE, which consisted of a photographic function, a map distribution function and a shopfront, provided aerial photography printing services, general public relations assignment photography and a film library, for both Government and non-Government consumers. These services were identified by an internal study as being suitable for provision by external suppliers. Coopers & Lybrand Consultants were then engaged to review and determine the optimal arrangements for provision.

Significant capital investment by the Government was required to improve productivity and reduce prices to enable VicIMAGE to be competitive with the private sector in terms of the price of aerial photography. In addition, it was determined that there was a declining demand for these services from Government customers, and thus associated revenues could be expected to decrease as well. The review concluded that the continuing provision of VicIMAGES's services by the Government was unviable, and that these could be better supplied by an external supplier (Coopers & Lybrand 1994).

After a competitive tendering process, the entire VicIMAGE business was sold to the private sector, with the exception of the film library which, containing film dating from 1935, was considered to be a valuable historical record of Victoria. The management of the film library is now undertaken by the private sector, with the Government continuing to own the library and the copyright to this material. While the private company may reproduce and sell items from the Aerial Film Library, they must pay royalties to the Government in recognition of this copyright. This process of privatisation has allowed the Government to avoid future financial deficits and significant amounts of capital expenditure, whilst also enabling the provision of these services at competitive prices.

Outsourcing

Outsourcing, or the contracting out of certain functions, is one measure currently being used, particularly in the public sector survey and mapping industry, to achieve the objectives identified by the Victorian Government for reform. Outsourcing is described by the Department of Treasury and Finance (1995) as the provision of goods or services by an external party which were previously supplied internally. Set out in a contractual agreement, an agreed level of service is provided for a pre-determined fee. Government is still accountable for the delivery of services, however the "doing" work is undertaken by the private sector. This process enables the Government to access private sector skills and capital, whilst maintaining overall responsibility for the function or service. Outsourcing is employed where government services are considered to be strategic or core business activities however, the provision of these government services is not a key requirement of Government.

Key reasons for pursuing outsourcing include:\

The Victorian Government has developed outsourcing and contract management guidelines for use throughout the public sector, providing general guidance for Departments and Agencies. These guidelines assist in the identification of outsourcing opportunities, and provide a framework for use in the business re-engineering process. While advice and consultancy support is available, it is the responsibility of the Departments and Agencies to implement outsourcing projects.

The Office of Surveyor General, Victoria

The role of the Office of Surveyor General is to maximise value and achieve best practice in Victoria's surveying systems and ensure the provision of the fundamental survey framework for the people of Victoria. Since 1992 the Office of Surveyor General has contracted out its survey work in line with the Government's outsourcing policy, whereas previously the Office undertook such work itself. With the private sector now undertaking survey work such as this, and the trend away from detailed examination of contractors work, OSG must ensure the quality of the work is satisfactory. One mechanism to achieve this is through the application of Quality Assurance principles.

Since 1989 OSG has pursued the principles of Quality Assurance, achieving certification to the ISO 9002 standard for quality systems in September 1995. Quality Assurance is one mechanism for ensuring products and services are provided which meet customer needs. OSG now require private survey firms who undertake work on behalf of OSG to have quality systems in place. A register of survey firms has therefore been established to ensure that only those firms with the capability to undertake surveys within agreed timeframes and in accordance with the Office of Surveyor General's instructions, pre-determined standards and statutory requirements, are engaged. Firms and individual surveyors wishing to be accepted onto this register must apply to OSG providing details of any Quality Assurance certification or quality system in place, progress towards certification, and general procedures for undertaking and checking surveys. Firms which satisfy criteria outlined in OSG's quality procedure are added to the register, and may be selected to undertake surveys. When a survey or survey assessment is required, a number of firms are contacted and invited to tender for the work.

The application of Quality Assurance principles in conjunction with the implementation of outsourcing can therefore be a useful tool for monitoring and ensuring the quality of output from the private sector. In the case of the Office of Surveyor General, it has served to improve the general standard and consistency of information supplied by the surveying profession.

Digital Cadastral Map Base, Victoria

As part of the Victorian Government's broader strategy to outsource operational activities, the management, maintenance and distribution of the entire State Digital Map Base - Cadastral (metropolitan and rural) has recently been contracted out to the private sector. In the first outsourcing of its type in Australia, the management, maintenance, storage and distribution of the metropolitan cadastral base had previously been outsourced in 1995, however the new arrangements bring the two components together (Dept. Natural Resources & Environment 1997). The Government will continue to own the intellectual property associated with the map base, but the private sector may develop the functions of the map base to keep it ahead of World Best Practice standards. The benefits of outsourcing the State Digital Map Base include efficiency improvements, lower costs and improved management of a single, homogenous map base for Victoria.

Land Titles Office, Victoria

The core business of the Land Titles Office (LTO) is to provide certainty of title to interests in land located in Victoria. It does this through the maintenance of a land title register guaranteed by the State of Victoria. The LTO ensures that the register is accurate and up-to-date thereby enabling all users to rely upon its integrity and correctness when undertaking property transactions such as development, sale, purchase and lending. By transforming the way in which the LTO carries out its functions, it aims to be the foremost land title registry office in Australia.

The LTO business strategy is to concentrate on its core activities. As part of this strategy, the LTO will be outsourcing its information technology functions, considered to be a non-core activity, and administering IT requirements through a small core of policy and contract management staff. The Government is currently conducting a tender process which will result in the private sector undertaking tasks to automate the LTO records and business systems, operate a licence for remote electronic access rights to land titles data and to acquire LANDATA.

LANDATA offers direct computer access to State-held information about land interests and land tenure through:

While the service delivery will be outsourced, the ownership of all titles and related data will remain with the Government.

Tender outcomes will also result in full automation of the LTO, which requires the conversion of paper land titles to a computer database, and supporting documentation of plans of subdivision and instruments to a document imaging system. New business systems are to be installed which will allow immediate response to requests for documents and for updated transactions to be completed with the customer in attendance.

These reforms will lead to substantial improvements to customer service, improve accessibility to land titles data, and further facilitate the development of an integrated, computerised land information system for Victoria.

Conclusion

Government services have traditionally been undertaken by the public sector. With the implementation of the Victorian Government reform program however, the focus is now on how these services can be produced most efficiently, whether by the public or private sector. This has led to a greater involvement by the private sector in the delivery of services once provided by government, through measures such as privatisation, outsourcing and the provision of private sector finance. Successful implementation of measures such as these, rely upon a strategic choice of project, comprehensive quality control and effective project management. These measures have already, or are currently, being implemented within the public sector survey and mapping industry, in order to increase product quality, improve customer service, and reduce the costs, transaction times and complexity of the current systems. The Victorian Government has a goal of "achieving best practice performance by the State public sector contributing to world competitive performance by Victoria's economy as a whole, and yielding enduring benefits for the Victorian community" (Kennettt 1993). The measures taken to achieve this has meant that Victoria is at the leading edge of public sector reform, not only in Australia but internationally.


Bibliography

Alford, J., and O'Neill, D. (1994): "The Contract State - Public Management and the Kennett Government. Centre for Applied Social Research", Deakin University.

Coopers & Lybrand (1994): "Business case for VicIMAGE Photographic Section sale project."

Department of Natural Resources and Environment (1997): "LMRI News", Issue 1.

Department of Treasury and Finance (1995): "Outsourcing and Contract Management Guidelines". Department of Treasury and Finance, Victoria.

Hilmer, F.G. (1993): "National Competition Policy Review". Australian Government Publishing Service, Canberra.

Hoogsteden, C.C. & van Zyl, C.A. (1992): Privatising the Cadastre: Four Sound Reasons Why!. In Hunter, G.J. & Williamson, I.P. (eds), "Proceedings National Conference on Cadastral Reform", University of Melbourne, pp.412-429.

Kennett, J. (1993): "A Management Improvement Initiative for Victoria". Australian Government Publishing Service, Victoria.

"Mutual Recognition Act 1992". (Commonwealth).

Office of Surveyor General (April 1995): "A Review on the Regulation of Cadastral Surveyors In Victoria". Office of Surveyor General, Department of Treasury and Finance, Victoria.

Office of the Minister for Finance, Victoria (August 25, 1995) "News Release - Government sells VicIMAGE Photographic Service".

State of Victoria (1994) "Autumn Economic Statement 1994".

State of Victoria (1995) "Autumn Economic Statement 1995".

State of Victoria (1996) "Autumn Economic Statement 1996".


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