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Annual Report 2004-05 Part 2 Performance reports

Outcome 1: An equitable and accessible system of federal civil justice

Output 1.1—Legal services and policy advice on courts and tribunals, alternative dispute resolution, administrative law, human rights, evidence and procedure

Output 1.2—Support for the Attorney-General as First Law Offi cer, advice on constitutional policy, and promotion of Australian legal services internationally

Output 1.3—Legal services and policy advice on family law and legal assistance and the administration of government programs providing legal assistance and family law related services

Output 1.4—Legal services and policy advice on international law

Output 1.5—Drafting of legislative and other instruments, publication of legislative materials and provision of related legal services

Output 1.6—Legal services and policy advice on information law

Output 1.7—Legal services and policy advice on native title

Output 1.8—Legal services and policy advice on Indigenous law and justice issues, and the administration of government Indigenous law and justice programs

Outcome 2: Coordinated federal criminal justice, security and emergency management activity, for a safer Australia

Output 2.1—Policy advice on, and program administration and regulatory activities associated with, the Commonwealth's domestic and international responsibilities for criminal justice and crime prevention, and meeting Australia's obligations in relation to extradition and mutual assistance

Output 2.2—Legal services and policy advice on security law and critical infrastructure protection

Output 2.3—Provide national leadership in the development of emergency management measures to reduce risk to communities and manage the consequences of disasters

Output 2.4—Development and promotion of protective security policy, advice and common standards and practices, and the coordination of protective security services, including counter-terrorism and dignitary protection

Output 2.5—Management and coordination of the delivery of security and guarding services to meet diplomatic, consular and other Commonwealth responsibilities

Reporting basis and approach

Performance reporting in this annual report is based on the outcomes and outputs structure and performance information set out in the 2004–05 Portfolio Budget Statements (PBS) and the 2004–05 Portfolio Additional Estimates Statements (PAES).

A department's annual report has a dual role: it is both a key document that is part of the Department's accountability to Parliament as well as an informative record of the Department's activities during the year. We therefore try to achieve a balance between presenting assessments of progress towards the Department's outcomes and describing the diverse activities of the Department. Our reports on performance this year attempt to take into account feedback on previous annual reports.

While the Department is the primary driver of its two outcomes, it does not work in isolation in realising its achievements. The performance reports in this chapter refer to the extensive cooperative and consultative networks between the Department and other organisations, along with external factors that can have an impact on the Department, including significant domestic and international events or trends.

Performance report structure

• an overview of activities that contributed to that outcome, and a broad assessment of progress towards it
• a resource summary table
• a report on administered items, and
• separate reports on each of the departmental outputs contributing to the relevant outcome.

At output level, each performance report contains:

• a performance overview including highlights of how the Department fulfilled the output (and so contributed to achieving the related outcome in 2004–05)
• reports against the performance measures associated with the output
• results of evaluations or reviews
• purchaser - provider arrangements, where relevant
• a challenges statement identifying contextual challenges or problems affecting progress, and
• an outlook statement highlighting activities or goals for the next financial year.

Outcome 1: An equitable and accessible system of federal civil justice

Overview

The Attorney-General's Department provides a diverse range of legal services and policy advice in order to achieve Outcome 1. The Department's responsibilities cover the broad areas of courts and tribunals, alternative dispute resolution, administrative law, human rights, evidence and procedure, family law, legal assistance, international law, information law, Indigenous justice and native title. The Department also provides specialised support for the Attorney-General as First Law Officer, administers legal assistance and family law-related programs, promotes Australian legal services internationally, and drafts and publishes legislative materials.

The Department works in cooperation and consultation with many other organisations to achieve Outcome 1. These organisations include government agencies (Commonwealth, State and Territory) as well as non-government. They include advisory bodies, task forces, professional associations and community interest groups. In addition to maintaining these interrelationships with other organisations, the Department must maintain the flexibility to adapt its operations to the impacts of domestic and international events or trends.

During 2004–05, the Department made substantial contributions to various government initiatives, drawing positive comments from stakeholders, including the Attorney-General. The reports on performance for each output contributing to Outcome 1, presented further on in this part, expand on these aspects.

Resource summary

* Full-year budget, including additional estimates.

Note: A restructure occurred during 2004–05 which means that output information between 2004–05 and 2005–06 is not directly comparable.

** Budget prior to additional estimates. A restructure occurred during 2004–05 which means that output information between the years is not directly comparable.

Administered items for Outcome 1

Payments for the provision of legal aid

Funds provided in accordance with formal agreements between the Commonwealth and the relevant States and Territories

Funding was provided to legal aid commissions in the Australian Capital Territory, the Northern Territory, South Australia, Tasmania and Western Australia for the provision of legal services for Commonwealth law matters during 2004–05. This funding was paid in accordance with agreements between the Commonwealth and the States and Territories and included new funding allocated in the 2004–05 Budget.

Commonwealth legal aid program

Funds provided in accordance with formal agreements between the Commonwealth and relevant State and Territory Legal Aid Commissions

Funding was provided to legal aid commissions in New South Wales, Victoria and Queensland for the provision of legal aid services for Commonwealth law matters during 2004–05. This funding was paid in accordance with agreements between the Attorney-General's Department and legal aid commissions and included new funding allocated in the 2004–05 Budget.

Payments for the provision of legal aid to Indigenous Australians

Funds provided in accordance with legislation and any relevant agreement or arrangement

The Australian Government's Legal Aid for Indigenous people (LEGA) program provides funding for organisations to deliver legal aid services to Indigenous Australians. Services were delivered from a network of 24 service providers throughout all States and Territories.

Payments for the provision of law and justice advocacy services for Indigenous Australians

Funds provided in accordance with legislation and any relevant agreement or arrangement

The Law and Justice Advocacy program (LJAD) provides funding for a range of activities that promote improved law and justice outcomes for Indigenous Australians. Funding was allocated in accordance with LJAD's program guidelines to activities including Aboriginal Justice Advisory Committees, test cases (which will be part of the Legal Aid for Indigenous people program in the future), Deaths in Custody Monitoring Units and research.

Payments for the provision of prevention, diversion and rehabilitation services for Indigenous Australians

Funds provided in accordance with legislation and any relevant agreement or arrangement

The Prevention, Diversion and Rehabilitation program (PDRE) provided grant funding in accordance with its program guidelines to 137 activities across Australia that aim to reduce Indigenous peoples' adverse contact with the justice system. The funding was distributed between community night patrol services, youth initiatives and prisoner support services.

Payments for the provision of family violence prevention legal services for Indigenous Australians

Funds provided in accordance with legislation and any relevant agreement or arrangement

The Family Violence Prevention Legal Services program (FVPLS) allocated funding in accordance with its program guidelines. The bulk of program funding was spent on the existing network of 13 FVPLS units, which provide legal and support services to Indigenous adults and children who are victims of family violence, or immediately at risk of such violence. Funding was also allocated for start-up costs for 13 new FVPLS units established under a 2004–05 Budget measure.

Financial assistance towards legal costs and related expenses

Assistance provided in accordance with relevant legislation and in compliance with the terms of individual grants

The Department administers a range of schemes for legal assistance. These include statutory schemes under the Native Title Act 1993, the Federal Proceedings (Costs) Act 1981, the Human Rights and Equal Opportunity Act 1986 and the Judiciary Act 1903 and non-statutory schemes such as the Overseas Custody (Child Removal) Scheme, Special Circumstances (Overseas) Scheme and the Commonwealth Public Interest and Test Cases Scheme.

The largest expenditure from appropriation funding for financial assistance schemes is for administration of the statutory scheme under s 183 of the Native Title Act 1993. The guidelines in accordance with which assistance is provided under that scheme take account of the unique nature of native title matters, which potentially affect a large number of respondents with diverse interests. As at 30 June 2005, there were 1,265 current grants of financial assistance under the native title financial assistance schemes.

In August 2004, the Department deployed the Data and Workflow Grants System (DAWGS), which was anticipated in the 2003 - 04 annual report. DAWGS has greatly improved efficiency in processing grants and tracking and reporting on grants.

Community legal services

Funds provided in accordance with Service Agreements between the Commonwealth and individual service providers

In 2004–05, 127 community legal centres (CLCs) were funded under the Commonwealth Community Legal Services program to provide assistance on legal and related matters to people on low incomes and those with special needs. CLCs are a key component of Australia's legal aid system and provide a distinctive form of service that complements services provided by the legal aid commissions and the private legal professions.

CLCs are required to provide a range of data to the Department so that it can monitor, manage and account for output delivery and the achievement of the program's objectives.

Family Relationships Services Program

Funds provided in accordance with Service Agreements between the Commonwealth and individual service providers

The Family Relationships Services Program is jointly funded by the Attorney-General's Department and the Department of Family and Community Services (FaCS). Funding from our appropriation assists separating families to reduce conflict, focus on the needs of their children and resolve disputes outside the courts where possible. FaCS administers the program on our behalf under a Business Partnership Agreement.

In 2004–05, the services funded under this program received a 30 per cent increase to help them meet increased costs. This was announced by the Prime Minister in July 2004 as part of the Government's proposed reforms to the family law system arising from the Every picture tells a story report. The increase in core funding provides the program with a sound base upon which new and expanded services can be established as part of the Government's reforms (see Output 1.3). Services will also be assisted by a move from annual to three-year funding agreements from 1 July 2005.

Family Court of Western Australia—operating expenses

Quarterly payment made in accordance with the agreement with the WA Government

Under an agreement with the Government of Western Australia, the Commonwealth contributes towards the operating expenses of the Family Court of Western Australia, ensuring access for all Australians to the civil justice system with regard to family law matters. In 2004–05, the Commonwealth provided a total of $11,785,000, including an additional payment to accommodate rental increases.

Reimbursements or payments on account of reimbursement made for services under the Family Law Act 1975 and the Child Support Scheme legislation

Funds provided in accordance with Commonwealth–State agreements

In accordance with individual agreements with the States, the Commonwealth provides funds for the provision of services under the Family Law Act 1975 and federal child support legislation. The funding contributes towards achieving an accessible system of federal civil justice for federal family law and child support matters.

Publication of Acts and Statutory Rules

Expenditure in accordance with the Legislative Printing Program

The administered program deals with the printing and publishing of Commonwealth legislation in hard copy form, including numbered Acts and Statutory Rules, reprints of Acts and Statutory Rules, bound volumes of Acts and Statutory Rules, and tables and indexes. The program contributes to an equitable and accessible system of federal civil justice by making legislation available to the Australian community after it is enacted or made.

The high-volume output of printed material prepared in 2004–05 included 132 numbered Acts, 248 numbered Statutory Rules, 151 numbered Select Legislative Instruments (from 1 January 2005), 18 titles of reprinted Acts and Statutory Rules (7,060 pages), six bound volumes of Acts 2004 (6,693 pages), six volumes of Statutory Rules 2004 (7,020 pages) and associated tables (980 pages). In 2004–05, $1.64 million was allocated to the program.

The Department has been updating the printing schedule of annual volumes of Acts and Statutory Rules and this project is now complete. With the implementation of the Legislative Instruments Act 2003, the authoritative versions of the instruments now appear electronically on the Federal Register of Legislative Instruments (FRLI). A series of Select Legislative Instruments, has replaced the Statutory Rules series. This will be published in pamphlet form, but not in annual volumes. Acts will continue to be published both in pamphlet form and in annual volumes.

The number of printed reprints is expected to continue to decline. In recent years, the demand for hard copy volumes and reprints has tended to decline with the increasing use of electronic compilations of Commonwealth legislation. The electronic compilations of Acts and Legislative Instruments are available free through the ComLaw - FRLI web site http://www.comlaw.gov.au and updated much more frequently than is possible with paper reprints.

Financial assistance to States and Territories under Part 9 of the Native Title Act 1993

Funds provided in accordance with formal agreements between the Commonwealth and the relevant States and Territories

All States and Territories have been invited to enter into bilateral agreements with the Australian Government to reimburse them for up to 75 per cent of some native title compensation costs and 50 per cent of the cost of tribunals performing native title functions. Funds for such assistance have been appropriated as a Specific Purpose Payment since 1997 - 98. However, as no financial assistance agreements have been signed, no payments have been made.

Compensation payments made under Part 2 of the Native Title Act 1993

Payments made in accordance with the provisions of Division 5 of Part 2 of the Native Title Act 1993

The Native Title Act 1993 provides that, where an act of the Australian Government affects native title, compensation may be payable. Funds for such compensation have been appropriated from the Consolidated Revenue Fund under section 54 of the Act. No payments have been made.

International bodies—membership contributions

Grants made in accordance with agreed rates of contribution

The International Institute for the Unification of Private Law (UNIDROIT) is an independent intergovernmental organisation based in Rome. Its purpose is to study needs and methods for modernising, harmonising and coordinating private law - and, in particular, commercial law - between countries and groups of countries.

UNIDROIT is financed by annual contributions from member countries, fixed by the General Assembly, as well as a basic annual contribution from the Italian Government. In 2004–05, Australia's membership contribution was $69,238. Membership of UNIDROIT is restricted to countries acceding to the UNIDROIT Statute. UNIDROIT's member countries are drawn from the five continents and represent a variety of different legal, economic and political systems as well as different cultural backgrounds.

Mr Ian Govey, Deputy Secretary, is an elected member of the Governing Council of the Institute, and attended the annual meeting in April 2005. UNIDROIT's current projects include the development of an instrument governing transactions in securities held with intermediaries on transnational and connected capital markets, and work associated with the implementation of the Cape Town Convention on International Interests in Mobile Equipment, and the development and implementation of protocols dealing with aircraft, railway and space equipment.

Through its publication Uniform Law Review/Revue de droit uniforme, UNIDROIT disseminates information concerning the unification of private law, and promotes instruments prepared under its auspices. It also has a program of legal cooperation for developing countries and countries in economic transition.

Australia's contribution to the World Intellectual Property Organization in respect of Australia's membership of the Berne Union for the protection of the rights of authors in their literary and artistic works was $208,160. The Berne Union comprises member countries of the Berne Convention on copyright - the foundation of and most important treaty on international copyright standards. These standards are reflected extensively in the Copyright Act 1968.

The work of the Hague Conference on Private International Law contributes to the unification of key areas of private international law. In particular, the Conference's work enhances efficient and effective international cooperation in areas of concern to Australia, including action to assist parents in the recovery of children abducted and taken overseas.

In 2004–05, Australia's membership contribution was $161,594. We also made, on behalf of the Australian Government, a voluntary contribution of $35,000 to assist the Conference to promote and support, among countries in the Asia - Pacific region, effective implementation of a number of conventions to which Australia is a party, including a number of conventions relating to the protection of children.

Australian organisations—grants

Grants made in accordance with agreed funding arrangements

Grants were made to 10 organisations to assist with projects or activities related to the pursuit of an equitable and accessible system of federal civil justice.

We continue to fund the National Judicial College of Australia (NJCA). Our contribution towards the operating costs of the NJCA for 2004–05 was $505,652, of which $225,652 was calculated according to a formula agreed by the Standing Committee of Attorneys-General and $40,000 was an additional contribution. New South Wales, Tasmania, South Australia, the Northern Territory and the Australian Capital Territory also contributed funding.

The NJCA provides a variety of courses of relevance to judges and magistrates in all States and Territories. During 2004–05, the NJCA organised courses on professional issues such as judgment writing as well as social and ethical issues such as disability awareness, diversity and cultural awareness. The NJCA also organised orientation courses for new judicial officers and training programs in which experienced and new judicial officers get together to share ideas and experiences.

In addition to annual grants, we provide funding for specific projects. In 2004–05, we granted $240,000 for the College to establish and operate a national sentencing database - which will provide data on sentences for Commonwealth offences in a form that is readily accessible by judicial officers - and to establish an electronic library service.

The Australian Institute of Judicial Administration (AIJA) promotes an equitable and accessible system of federal civil justice by conducting professional skills courses, conferences and seminars on court administration and judicial systems for persons involved in the administration of the justice system, including judicial officers, court administrators and the legal profession. The AIJA receives funding from all Australian jurisdictions through the Standing Committee of Attorneys-General. The Government's contribution to the AIJA in 2004–05 was $206,911.

The Australian branch of the International Social Service received an $80,000 grant to establish a central contact and referral point for persons requiring counselling as a result of international child abduction, to conduct specialised training for existing counselling services and raise community awareness of international child abduction issues.

We made a grant of $150,000 to assist the Australian Red Cross (ARC) in providing educational programs and training activities on the principles of international humanitarian law. The ARC's activities assist the Australian Government to fulfil its obligations under a number of international treaties to raise awareness and understanding of international humanitarian law.

A grant of $49,000 was provided to the Australian Federation of Disability Organisations. The grant facilitated involvement of the disability sector in the ongoing development of the Disability Standards for Access to Premises including through attendance at the meetings of the Building Access Policy Committee.

A grant of $30,000 was provided to the Australian Legal Information Institute (AustLII) to assist in the development of the Commonwealth Legal Information Institute (CommonLII).

AustLII is an educational institution administered within the University of Technology Sydney. AustLII is leading the CommonLII initiative, which aims to provide one central Internet location from which it is possible to search - for free - core legal information from all Commonwealth countries.

The expected outputs of the CommonLII initiative are:

• provision of a common technical platform through which all Commonwealth countries can cooperatively provide access to their laws
• improvement of research capacity within each country and its level of expertise concerning the common law and law of other Commonwealth countries
• development of a genuinely international common law
• support for the rule of law throughout the Commonwealth, by making each country's legal system more transparent
• support of international trade and investment through more transparent legal systems, and
• assistance for developing countries in the Commonwealth to create national sustainable free access to law.

A grant of $25,000 was provided to the Australian Association of Women Judges (AAWJ) to assist with the upcoming International Association of Women Judges (IAWJ) biennial conference. This is the first time that the conference has been held in our region. The theme for the conference is 'An Independent Judiciary', with a particular emphasis on gender and cultural issues.

We also made two grants to the Law Council of Australia. The first grant ($25,000) assisted the Organising Committee of LAWASIAdownunder2005 host a series of legal conferences held at the Gold Coast from 20 to 24 March 2005. The purpose of the second grant ($4,000) was to support a survey, under the auspices of the International Legal Services Advisory Council, to quantify the size of the export and import market of legal services in Australia.

A grant of $4,000 was provided to the Asian Law Centre to assist it in promoting the teaching and awareness of Asian law in Australia and of Australian law in Asia. The objective of the Centre is to encourage greater understanding and knowledge of laws and legal systems in our region.

A grant of $10,000 was provided to the National Committee for Human Rights Education to help with the implementation of the Committee's 'Citizen of Humanity' project. The project encourages students to take time to reflect on human rights and their importance in our community.

Law Courts Limited—contributions to operating and capital expenses and costs of the joint Law Library

Payments made in accordance with Commonwealth–NSW funding agreement and the refurbishment program

Law Courts Limited is a jointly owned Australian Government and New South Wales State Government corporation established to manage the joint Australian and NSW State Law Courts building in Sydney.

The company has a Board of six members: three Australian Government directors, who are appointed by the Attorney-General, and three State directors, who are appointed by the NSW Attorney General.

Both the Australian Government and the NSW State Government contribute to the operating expenses of the Law Courts building. Contributions are made on the basis of 47.5 per cent by the Australian Government and 52.5 per cent by the NSW State Government, calculated on the allocation of space occupied by each jurisdiction.

Additional Australian Government funding of $96.7 million has been approved for the refurbishment of the building, of which $2.4 million was allocated for expenditure in 2004–05. The refurbishment process is funded over a five-year period and is scheduled to be completed in 2009. Funding in 2004–05 was provided for the master planning and design process and to allow some early works in respect of the base building services to commence.

All payments made in 2004–05 were made in accordance with the agreement between the Commonwealth Government and the NSW State Government.

Judges' Pensions Act 1968

Payments made in accordance with entitlements and agreed arrangements

The Judges' Pensions Act 1968 provides for the payment of pensions to former federal judges and a small number of former statutory office holders. The Attorney-General is responsible for the Pensions Act and the Department processes payments under the Judges Pensions Scheme. The scheme is non-contributory.

All payments have been made in accordance with advice provided, entitlements and agreed arrangements.

Remuneration and Allowances Act 1990 - Justices of the High Court

Payments made in accordance with entitlements and agreed arrangements

The Department administers remuneration and allowances of Justices of the High Court. Determinations on remuneration- and allowance-related matters are issued by the Remuneration Tribunal.

All payments have been made in accordance with advice provided, entitlements and agreed arrangements.

Output 1.1—Legal services and policy advice on courts and tribunals, alternative dispute resolution, administrative law, human rights, evidence and procedure

Performance overview

Under this Output we are committed to

• ensuring that the federal civil justice system is as effective and efficient as possible and that aspects of civil procedure do not place unnecessary burdens on individuals and businesses requiring assistance from federal courts or tribunals to resolve their disputes, and
• providing the Attorney-General and the Government with advice and support in relation to domestic human rights and anti-discrimination matters, and the implementation of international human rights obligations.

During the year, the Civil Justice Division and the Information Law and Human Rights Division have assisted the Attorney-General and the Government to develop and implement a number of important legislative reforms and policies, including:

• reforms to the operation of the Administrative Appeals Tribunal
• review of Commonwealth legislation to resolve inconsistencies with the Legislative Instruments Act 2003 to enable commencement of the Act on 1 January 2005
• referring the operation of the Evidence Act 1995 to the Australian Law Reform Commission (ALRC) for inquiry and report
• negotiating the Hague Convention on Choice of Court Agreements
• preparation of a discussion paper by the Trans-Tasman Working Group on Court Proceedings and Regulatory Enforcement
• introduction of the Migration Litigation Reform Bill
• rewriting the Federal Court Regulations
• improving the security in Commonwealth Law Court buildings
• providing secretariat services to the Administrative Review Council and the National Alternative Dispute Resolution Council
• providing funding to the National Judicial College of Australia
• release of Australia's National Framework for Human Rights - National Action Plan
• introduction and passage by the House of Representatives of the Sex Discrimination Amendment (Teaching Profession) Bill 2004
• tabling in Parliament of the Disability Standards for Education, and passage of the Disability Discrimination (Education Standards) Act 2005, which supports the Standards, and
• participating in Australia's delegation to the United Nations Committee on the Elimination of Racial Discrimination in March 2005.

Performance measures

Timely and sound assistance to the Attorney and the Government to:

• maintain and develop institutional frameworks that deliver efficient and effective justice

Migration litigation reform

• direct migration matters to the Federal Magistrates Court
• reform court processes to reduce delays, and
• introduce measures to deter unmeritorious migration cases that waste scarce judicial resources.

Eight additional Federal Magistrates were appointed in 2005 to handle new migration cases and deal with the backlog of migration matters in the Federal Magistrates Court.

Resourcing courts and tribunals

Some significant court appointments were made. These are discussed in the Highlights chapter (see Highlights).

In the 2005–06 Budget announced in May 2005, $4.5 million was provided to the Federal Court over four years to enable the Australian Competition Tribunal to carry out its proposed new functions in the areas of merger authorisations, merger clearances, and collective bargaining for small businesses. The funding provides for support staff for the Tribunal and for a replacement Federal Court judge following Justice Goldberg's appointment as full-time Tribunal President.

Security in Commonwealth Law Court buildings

Funding of $9.9 million over four years was provided in the 2005–06 Budget to install and operate airport-style weapons-screening equipment in Commonwealth Law Court buildings around Australia and on court circuits.

Significant changes to the jurisdiction of courts

A Bill has been developed for introduction in the Spring 2005 sittings of Parliament to amend the Family Law Act 1975 and other legislation to expand the jurisdiction of Perth family law magistrates (formerly the Perth Court of Petty Sessions) to match the jurisdiction of the Federal Magistrates Court in family law and child support matters. The Bill has been developed in consultation with the Family Court of Western Australia.

An exposure draft Bill to amend the Australian Securities and Investments Commission Act 2001 and the Corporations Act 2001 to confer jurisdiction on the Federal Magistrates Court in corporate insolvency matters was released for public comment in December 2004.

Administrative Appeals Tribunal reforms

The Administrative Appeals Tribunal Amendment Act 2005 commenced on 16 May 2005. These reforms provide the Tribunal with greater flexibility, enabling it to continue to improve its services to its clients. The key areas of reform are to:

• provide the President of the AAT with greater flexibility in managing caseload
• enable the use of a wider range of alternative dispute resolution techniques
• require parties using alternative dispute resolution to act in good faith, and
• provide that decision makers have a legislative duty to assist the Tribunal, and provide it with all documents objectively relevant to the case, not just those they subjectively consider relevant.

Arrangements between Australia and New Zealand

A Working Group of Australian and New Zealand officials has developed proposals to improve efficiency and effectiveness of court proceedings and regulatory enforcement, including enhanced cooperation in the areas of:

• the service of process
• the taking of evidence, and
• the recognition of judgments in civil and regulatory matters.

The Working Group held its second meeting in Wellington, New Zealand in November 2004.

Timely and sound assistance to the Attorney and the Government to:

• develop policies that recognise:

  • needs, rights and responsibilities of individuals and families
  • an appropriate balance of competing community interests
  • legitimate business and other economic interests

Legislative Instruments Act

The Legislative Instruments Act 2003 (LIA), the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and the Legislative Instruments Regulations 2004 all began operation on 1 January 2005.

The LIA establishes the Federal Register of Legislative Instruments comprising an easy-to-find database of legislative instruments, explanatory statements and compilations. Legislative instruments made on or after 1 January 2005 must be registered or they will not be enforceable. Legislative instruments made before 1 January 2005 must also be registered in accordance with the Act's backcapture program, which ends on 31 December 2007; if not they are treated as having been repealed. Further details on the Federal Register of Legislative Instruments are in the performance report for Output 1.5 in this chapter (see Output 1.5).

The LIA also provides for a regime for parliamentary scrutiny of legislative instruments and for a regime of sunsetting of instruments. Work continued in 2005 on regulations to support the LIA and to include further exemptions.

The Acts Interpretation Amendment (Legislative Instruments) Bill 2005 was introduced into the Senate in June 2005. It inserts a definition of legislative instrument to prevent the need to define the term 'legislative instrument' every time it is used in legislation and makes a number of consequential amendments to the Acts Interpretation Act 1901.

Statute Law Revision Bill

The Statute Law Revision Bill was passed by the Parliament on 23 June 2005. It delivers efficient and effective justice by amending a number of Acts to:

• correct minor technical or drafting errors and misdescribed amendments
• remove references to organisations that no longer exist, and
• update references to organisations that have been succeeded by other organisations.

Federal Court Regulations

The Federal Court of Australia Regulations 2004 commenced on 1 November 2004. They represent a comprehensive rewrite of the previous Federal Court of Australia Regulations 1978. The new Regulations are simpler and easier for the Court to administer and for Court users to understand, placing less pressure on the Court's resources. The amendments include abolition of some fees, adjustment of fee amounts, fee exemptions, deferral, prepayment and refund of some fees, as well as clarifying the scope of a number of provisions and updating the language.

Case Study: Committed to the elimination of racial discrimination

Human rights is one of the Department's key responsibilities, particularly in ensuring that domestic laws meet Australia's international obligations.

…departmental officers involved in the Australian delegation spoke of their sense of privilege and the tremendous professional experience they had gained in speaking on behalf of their country…

An important part of these obligations is Australia's regular appearance before committees of the United Nations to report on our progress on a range of human rights issues.

In March 2005, Australia appeared before the United Nations Committee on the Elimination of the Racial Discrimination. The Attorney General's Department was represented in the Australian delegation because of its central role in implementing the Convention on the Elimination of Racial Discrimination.

The hearing provides an opportunity for non-government organisations and human rights institutions to brief committee members on the progress of individual countries. Committee members then have the opportunity to raise issues of concern and interest. Delegations are given the chance to respond by providing more information, corre cting misunderstandings and noting disagreement on some points.

At the March 2005 hearing, the Committee asked the Australian delegation a range of questions about Indigenous rights, the Native Title Act, discrimination against Arab and Muslim Australians, human rights education, counter-terrorism laws, multiculturalism, and immigration policies.

While not all issues were agreed, the Committee noted the comprehensive way the delegation responded to questioning during the hearing. The Committee also made recommendations about Australia's implementation of the Convention, which the Australian Government is considering on their merits.

On a personal note, departmental officers involved in the Australian delegation spoke of their sense of privilege and the tremendous professional experience they had gained in speaking on behalf of their country in a United Nations forum.

The National Alternative Dispute Resolution Advisory Council

During 2004–05, the Attorney-General appointed five new Council members, and re-appointed five members, of the National Alternative Dispute Resolution Advisory Council. The Council provides independent expert advice to the Attorney-General on alternative dispute resolution issues. A departmental officer is a member of the Council.

The Council publishes its own annual report. More information is available at www.nadrac.gov.au

Timely and sound assistance to the Attorney and the Government to:

• explain, implement and apply the Government's policies

Review of the Evidence Act

In July 2004, the Attorney-General referred the operation of the Evidence Act 1995 to the Australian Law Reform Commission (ALRC) for inquiry and report. The ALRC released an issues paper in December 2004 and is due to release a discussion paper in July 2005 in conjunction with the New South Wales Law Reform Commission and the Victorian Law Reform Commission. The ALRC has consulted extensively throughout the community, working towards greater harmonisation of the evidence laws within Australia. The final report is due to be delivered to the Attorney-General by 5 December 2005 and will be publicly available after its tabling in federal Parliament. A departmental officer is a member of the Advisory Committee of the ALRC for this inquiry.

The Proposed Hague Convention on Choice of Court Agreements

Our delegation to the Diplomatic Conference of the Hague Conference on Private International Law in June 2005 participated actively in final negotiations on the text of a Convention on Choice of Court Agreements. The Convention has the potential to benefit Australian businesses by:

• increasing certainty about enforcement of Australian judgments overseas and vice versa, and
• reducing the cost and inconvenience of duplicated legal proceedings in different jurisdictions. Human Rights and Equal Opportunity Commission

The Human Rights and Equal Opportunity Commission

The Human Rights and Equal Opportunity Commission promotes human rights within the community, provides advice to the Government on policy and legislative development, assists in the conciliation of complaints under federal anti-discrimination laws, and may inquire into and report on Commonwealth acts or practices that are alleged to infringe human rights.

A Bill to restructure and refocus the Commission—the Australian Human Rights Commission Legislation Bill 2003—lapsed on the proroguing of Parliament in August 2004. The Government remains committed to pursing legislative reform of the structure of the Commission to enhance the Commission's ability to respond to current and emerging human rights issues and give greater priority to human rights education. We continue to provide assistance to the Attorney-General and the Government to meet these objectives.

Aboriginal and Torres Strait Islander Social Justice Commissioner

Mr Tom Calma was appointed as Aboriginal and Torres Strait Islander Social Justice Commissioner with effect from 12 July 2004.

Appearance before the UN Committee on the Elimination of Racial Discrimination

The UN Committee on the Elimination of Racial Discrimination asked Australia's delegation a range of questions concerning Indigenous rights, the Native Title Act, the Human Rights and Equal Opportunity Commission, discrimination against Arab and Muslim Australians, Australia's legal and constitutional system, human rights education, the Racial Discrimination Act 1975, counter-terrorism laws, and multiculturalism and immigration policies. Following Australia's appearance the Chair of the Committee congratulated Australia for the serious and comprehensive manner in which it had responded to the Committee's questions. The Committee has published its conclusions, which include positive findings as well as noting areas of concern.

Sex Discrimination Amendment (Teaching Profession) Bill 2004

The Bill was passed by the House of Representatives on 12 May 2005. The purpose of the Bill is to facilitate measures to address the problem of imbalance in the number of male and female schoolteachers, and the effect of that imbalance on the education of male school students in particular.

Government's response to Productivity Commission's review of the Disability Discrimination Act 1992

In 2003, the Productivity Commission reviewed the operation of the Disability Discrimination Act 1992 (DDA) under the Competition Principles Agreement. The report concluded that the DDA has been reasonably effective in addressing disability discrimination and, with appropriate amendments, would provide net benefits into the future.

In developing the Government's response to the report, which was tabled out of session on 27 January 2005, we consulted a range of agencies, in particular the Human Rights and Equal Opportunity Commission (HREOC). The Government's response accepts, either in full, in part or in principle, 26 of the 32 recommendations. The response balances the needs and rights of people with disability with the interests of industry and service providers.

Draft convention on the rights of people with disabilities

Together with the Department of Family and Community Services, we coordinated Australia's participation in work in the United Nations to develop a draft convention on the rights of people with disabilities. We have been represented on each of the official delegations to sessions during the reporting year of the UN Ad Hoc Committee that was set up to consider the convention. A member of the disability sector and a representative of HREOC were also included in the official Australian delegation.

Negotiations on the draft text developed at the third session continued this year at the fourth and fifth sessions, which were held 23 August - 3 September 2004 and 24 January - 4 February 2005. Consistent with Australia's law and policy, Australia supports text that would ensure that people with disabilities can effectively access and exercise the rights that they have under existing human rights treaties.

Disability Standards for Education

The Attorney-General formulated the Disability Standards for Education and then tabled the Standards in both Houses of Parliament on 17 March 2005. The Standards were to come into effect 15 sitting days after their tabling, provided no notice of motion to amend was made.

The Disability Standards for Education specify how education and training are to be made more accessible to students and prospective students with disabilities, without imposing unjustifiable burdens on education providers. They describe the obligations of education providers in relation to students with disabilities, and provide guidance on how to meet those obligations.

The Disability Discrimination (Education Standards) Act 2005, which supports the Standards, received Royal Assent in March 2005.

Case Study: Protecting the rights of people with disabilities

One of our most significant undertakings as an agency in an international context in 2004/05 has been the leading role we have played in the development of a new UN convention to protect the rights and dignity of people with disabilities.

Australia put forward a number of valuable proposals for consideration…

The convention is intended to set out how people with disabilities can access the same fundamental human rights that others might take for granted. Often, people with disabilities do not have the same access as others to work, education and leisure opportunities. They also need respect for their privacy, as well as the ability to have a home and family life, and to be able to participate in public life.

The convention is unique because, for the first time, non-government organisations (NGOs) have been invited to participate in their own right in negotiations and they have been able to make formal interventions where they see fit. Australian NGOs have taken an active role.

This Department's Human Rights Branch has coordinated the work of numerous Australian Government agencies in the project by consulting with stakeholders, coordinating and preparing briefings, and preparing delegations.

Representatives from Australia's Human Rights and Equal Opportunity Commission and the disability sector have been included in the official Australian delegations to the UN negotiations. All this work has resulted in Australia putting forward a number of valuable proposals for consideration.

An equally important part of the project has been ensuring that people with disability in Australia have the opportunity to contribute to the development of the convention. To ensure this happened, we provided a grant to People With Disability Australia Inc to enable it to canvas the disability sector and report to government.

The United Nations is due to release a new consolidated text of the proposed international convention on the rights of people with disabilities in October 2005. The Department will engage in further extensive consultation before attending the continuing negotiations in New York.

Disability Standards for Access to Premises

We are represented on the Australian Building Codes Board's Building Access Policy Committee (BAPC), which has been working to develop amendments to the Building Code of Australia so that it can form the basis of a Disability Standard for Access to Premises. The BAPC held its 38th, and final, meeting in April 2005 and provided recommendations to the Board. The Board has in turn made recommendations to Government, which were under consideration at the end of the reporting period.

We provide funding to facilitate the involvement of the disability sector in the development of disability standards made under the DDA. We have provided grants to the Australian Federation of Disability Organisations (AFDO) to ensure the participation of disability sector representatives on BAPC in 2004–05.

Non-Government Organisation Forum on Domestic Human Rights

The 13th Attorney-General's Non-Government Organisation (NGO) Forum on Domestic Human Rights was held on 17 June 2005. The Forum is an important part of the human rights policy consultation process for the Government. The Forum provides a regular opportunity for the Attorney-General's Department and NGOs to exchange information and discuss issues concerning human rights. The Forum was attended by representatives of approximately 30 NGOs. Forum discussions covered a range of issues and government initiatives that reflect the diversity of human rights interests within Australia.

Attorney-General, The Hon Philip Ruddock MP addressing the 13th Non-Government Organisation Forum on Domestic Human Rights 17 June 2005

International visits

During the year, departmental representatives met with delegations from Norway and the United Arab Emirates. The visitors had in each case requested the meetings to learn from Australia's experience in developing and administering the DDA and disability standards made under the Act.

Departmental representatives participated in the eighth and ninth rounds of Australia's Human Rights Dialogue with China. Australia raised a range of human rights issues at these dialogues, including civil and political rights, China's legal system, women's and children's rights, rights of HIV/AIDs sufferers, ethnic minorities including in Tibet and Xinjiang, religious freedom and the treatment of groups such as Falun Gong, as well as individual cases of concern.

Departmental representatives also took part in the second Joint Meeting of the Australia - Indonesia Working Group on Legal Cooperation held in Canberra on 17 March 2005.

Australia's National Framework for Human Rights - National Action Plan

On 23 December 2004, the Australian Government published and launched a new framework for the protection of human rights in Australia. This document is the first substantial revision of Australia's National Action Plan on Human Rights since 1994.

The new framework outlines the Government's priorities for enhancing the enjoyment of human rights in Australia. The document also describes the comprehensive human rights protections that are already in place in Australia.

The framework's focus on human rights priority areas is designed to ensure a coordinated approach to human rights across government departments, as well as being of long-term use to non-government organisations and the wider community.

The Government has identified the following areas as its focus for human rights:

• promoting a strong, free democracy
• human rights education and awareness
• addressing disadvantage and assisting independence
• supporting the family, and
• promoting human rights internationally.

During the reporting year, we provided funding of $10,000 to the National Committee for Human Rights Education to support implementation of its 'Citizen of Humanity' project. Further details are in the Administered items section of this chapter (see Outcome 1).

Challenges

The Civil Justice Division will continue to identify, and advise the Government on effective options to address, a wide range of challenges affecting the federal civil justice system.

Identifying and responding to barriers to the effective resolution of disputes is an important challenge. An example is the Migration Litigation Reform Bill 2005, which was introduced in March 2005. The Bill, together with additional resources provided to the Federal Magistrates Court in the 2004–05 Budget, is designed to make the handling of migration litigation more efficient.

The increasingly international focus of business transactions also places greater importance on international judicial assistance. Consultations on the proposals of the Trans-Tasman Working Group on Court Proceedings and Regulatory Enforcement will assist us to advise the Government on improvements in this area.

The challenge in developing disability discrimination law and policy - in particular, various standards under the Disability Discrimination Act - is to strike the right balance between ensuring people with disabilities are able to participate fully in community life and imposing unjustifiable costs on suppliers and providers of goods and services.

Achieving the twin goals of security and justice in today's heightened security environment presents another challenge. Our ongoing task in relation to the development of national counter-terrorism legislation is to provide advice to assist the Government to develop laws and policies to protect human security, consistent with Australia's human rights obligations, to ensure that Australia can continue to reap the benefits of our traditions of tolerance, respect and multiculturalism.

Outlook

The Migration Litigation Reform Bill 2005 will be considered by the Senate in the Spring 2005 sittings.

The Trans-Tasman Working Group on Court Proceedings and Regulatory Enforcement prepared a discussion paper, to enable its release later in 2005, that:

• highlights a number of problems arising in civil court proceedings that have a trans-Tasman element and in the enforcement of regulatory regimes between Australia and New Zealand, and
• discusses and seeks views on the options for addressing those problems and indicates preferred solutions.

On Human Rights Day 2004 the United Nations General Assembly proclaimed the World Programme for Human Rights Education. The draft Plan of Action for the First Phase (2005 - 07) of the World Programme focuses on the primary and secondary school systems. We will assist the Attorney-General and the Government with the implementation of the draft Plan of Action.

We will continue to work closely with interested parties, including the disability sector, HREOC and the Department of Industry, Tourism and Resources to finalise Standards that will lead to accessible buildings without placing undue burdens on those who build them.

A major priority will be working towards implementing the Government response to the Productivity Commission's review of the Disability Discrimination Act. This will clarify and improve the operation of the Act. Implementing the Government response will require legislative amendment, the development of Guidelines by HREOC and other actions.

Subsection 39(2) of the Age Discrimination Act 2004 ensures that anything done in direct compliance with a Commonwealth Act or Regulation is not unlawful discrimination on the ground of a person's age. The exemption will expire on 23 June 2006. Laws and programs covered by exemptions other than section 39(2) will not be affected. Any new exemptions would require legislative change. The Human Rights Branch has commenced a process to identify any relevant laws and programs currently subject to the exemption.

Output 1.2—Support for the Attorney-General as First Law Officer, advice on constitutional policy, and promotion of Australian legal services internationally

Performance overview

Output 1.2 is the responsibility of the Legal Services and Native Title Division. The Office of Legal Services Coordination (OLSC) and the Constitutional Policy Unit form part of the Division.

During the year, we continued to assist the Attorney-General and coordinate with external stakeholders, helping to ensure an equitable and accessible system of federal justice.

• To help agencies comply with the Legal Service Directions and handle legal service issues, we introduced a discussion group for agencies on legal services and continued to disseminate better practice through our web site and by email.
• We continued to pursue national approaches to key law and justice issues through the Standing Committee of Attorneys-General.
• In conjunction with the Office of Film and Literature Classification and the States and Territories, we assisted in developing common classification types and new classification markings, and advanced projects to enhance public confidence in the National Classification Scheme.
• Working with the Insolvency Trustee Service Australia and the Family Law Branch, we developed legislation to clarify the relationship between bankruptcy law and family law.
• We continued to provide assistance on constitutional litigation and policy.
• We took the lead in developing a memorandum of understanding (MOU) to facilitate State and Territory implementation of the Model Legal Profession Bill.
• Through our involvement in the International Legal Services Advisory Council, we promoted legal cooperation and the more transparent regulation of cross-border legal services.

Performance measures

Advancement of a national legal profession

We took the lead in developing an MOU governing the implementation, operation and maintenance of model laws for the national legal profession. This was directed to ensuring an effective and transparent commitment to implementation of the national model laws. The Attorneys-General of the Commonwealth and each State and Territory signed the MOU in July 2004.

There has been good progress on implementation, with most States and Territories expected to legislate in the coming months.

Policies, and their administration, maintain and develop an institutional framework for the efficient and timely delivery of high-quality legal services to the Commonwealth

We assist the Attorney-General to administer the Legal Services Directions issued under the Judiciary Act 1903. The Directions provide a framework for the delivery of legal services to the Australian Government and its agencies. During the year, we investigated 30 possible breaches of the Directions.

The substantiated breaches related to performance of tied legal work without approval, and the engagement of counsel above the threshold rates without approval.

During the year, we also considered 82 individual applications for approval of counsel fees as required under the Directions.

As a result of a general review of counsel fees, we approved ongoing rates at levels above the relevant thresholds for 115 counsel in addition to the 82 individual applications.

We continued to process claims by Ministers for legal assistance under the Parliamentary Entitlements Regulations 1997. There were four applications for assistance in 2004–05. The Attorney-General was the decision maker under the Regulations in relation to two applications and he sought approval from the Prime Minister for the provision of assistance in relation to the other two.

Development and advancement of legal services and legal cooperation between Australia and the Asia - Pacific and other regions

We have continued to work with the International Legal Services Advisory Council (ILSAC) and other stakeholders. This includes work on market access barriers and regulation, legal cooperation, legal education and training, and international commercial dispute resolution. Some of our more significant achievements this year included:

• legal services advice in respect of free trade agreements (FTAs), including the Singapore - Australia FTA and the Australia - United States FTA
• involvement in scoping studies for possible FTAs with China and Malaysia, and negotiations for a proposed FTA with the United Arab Emirates
• jointly chairing and hosting the second meeting of the Australia - Indonesia Ministerial Forum (AIMF) Working Group on Legal Cooperation (see case study Output 1.2)
• chairing the Friends of Legal Services Group on liberalising trade in legal services in the World Trade Organization Council on Services, Geneva culminating in a Joint Statement on Legal Services of February 2005
• progressive implementation of two part-funded AusAID projects, one involving an Internet legal database and the other a legislative drafting project for Indonesia, and
• development and launch of an international commercial dispute resolution web site, www.icdr.gov.au.

In addition, we provided secretariat support for ILSAC, which held two full meetings and a meeting of each of its four committees.

Case Study: Australia/Indonesia Working Group on Legal Cooperation

On 17 March 2005, officials from Australia and Indonesia gathered in Canberra for the second meeting of the Australia/Indonesia Working Group on Legal Cooperation. The meeting was held under the auspices of the Australia/Indonesia Ministerial Forum, which met the following day, as well as a broad-ranging memorandum of understanding signed by both countries in 2000. These structures reflect the growing relationship in law and legal services between Australia and Indonesia.

The Working Group facilitates discussion about the range of legal cooperation activities between the two countries; assists with future work by officials in their particular areas of responsibility; and plans future legal cooperation activities. These activities have been carried out since the first meeting in 2002.

The meeting discussed existing and proposed cooperation in areas including counter-terrorism and international criminal law; trade, commercial and bankruptcy law; legislative drafting, law reform and publication of legal material. There were also updates on key domestic developments in each country and the opportunities they provide for future cooperation, including in human rights, intellectual property and Australia's aid arrangements.

The Working Group meeting provided a welcome opportunity for officers of the Department and the Indonesian Ministry of Law and Human Rights to examine our legal cooperation relationships and build professional relationships. Staff from the Treasury, AusAID and IP Australia also participated in the Working Group.

The Working Group will meet again in Jakarta in 2007.

Mr Karl Alderson (left), Assistant Secretary, Office of Legal Services Coordination, Attorney-General's Department with Mr Mangasi Sihombing, Director-General of Information, Public Diplomacy and International Treaties, Department of Foreign Affairs, Indonesia at the Australia–Indonesia Working Group on Legal Cooperation meeting, Canberra, 17 March 2005.

Timely and effective coordination of the Commonwealth's involvement in the Standing Committee of Attorneys-General

We coordinate the Australian Government's participation in the Standing Committee of Attorneys-General (SCAG) and support the Attorney-General and Minister for Justice and Customs at the meetings.

There were three meetings of SCAG in 2004–05, during which the Australian Government continued to pursue its objectives for appropriate consistent and uniform legislation. Among SCAG's major accomplishments were:

• signing an MOU governing the implementation, operation and maintenance of model laws for the national legal profession
• establishing a working party to develop proposals for reform of personal property securities law across Australia, and
• agreeing to develop protocols to ensure that, in the event of a disaster involving Australian citizens, investigative and coronial agencies respond in a well-organised and coordinated way.

Timely assistance and sound policy advice provided to Government on constitutional issues in litigation and in policy development

We provide assistance and advice on constitutional policy development, litigation and public law issues of federal significance. This includes advice on the Attorney-General's intervention in constitutional litigation and on questions of constitutional amendment.

Constitutional litigation has covered a range of High Court cases, including Forge v ASIC & Commonwealth, regarding the appointment of acting judges to State courts and transitional provisions of the Corporations Act 2001; Dalton v New South Wales Crime Commission, regarding the validity of the Service and Execution of Process Act 1992; and A v Boulton, regarding the compulsory examination powers of the Australian Crime Commission.

We continued our involvement in the Government's consideration of harmonising federal and international legal arrangements, including developing a proposal for a national defamation law. We have also provided technical advice in relation to the Inquiry into the Centenary House Lease http://www.ag.gov.au/agd/www/centenaryhome.nsf.

Commonwealth classification of publications, films and computer games policies recognise the rights and responsibilities of the public and industry members in the classification of film and literature

Our joint responsibility for classification policy with the Office of Film and Literature Classification (OFLC) has seen progress on significant classification reforms. During 2004–05, we assisted in implementing the new classification categories and introduced common classification types for films and computer games.

We have also taken a leading role in improving public confidence in the classification system through:

• advice on amendments to the Classification Code and Guidelines to make it explicit that material that would offend the International Labour Organization on Child Employment (ILO 182) is refused classification
• close cooperation with the Department of Communications, Information Technology and the Arts, and the Australian Broadcasting Authority (now the Australian Communications Management Authority), and
• assisting the Government to make appointments to the Classification Board and Classification Review Board that ensure those boards continue to be broadly representative of the Australian community.

We have assisted in a number of significant reviews and reforms during the year, including:

• the Community Assessment Panels for 2004, that investigated the extent to which classification decisions are in accordance with community standards
• reviews of OFLC fees and determined markings, and
• a review of the Operation of the Combined Guidelines for the Classification of Films and Computer Games.

In consultation with ITSA regarding personal insolvency laws:

• provide regular advice to government on proposed changes to simplify the legislation and keep it up-to-date
• consultation about personal insolvency legislation acknowledged by stakeholders as effective and constructive

The Bankruptcy and Family Law Legislation Amendment Act 2005 passed in March 2005 addresses longstanding problems concerning the interaction between bankruptcy and family law. We worked with the Family Law Branch and the Insolvency and Trustee Service Australia (ITSA) to achieve the passage of this important legislation.

In February 2005, ITSA released a discussion paper to develop proposals to strengthen anti-avoidance provisions in the Bankruptcy Act 1966. We worked with ITSA on the formulation of this paper, and participated in consultations. Work is continuing on proposals emerging from the consultation process.

Evaluations

Auditor-General's Report No. 52 Legal Services Arrangements in the Australian Public Service

In June 2005, the Australian National Audit Office (ANAO) released its report into Australian Government legal services arrangements. The report's focus was on the purchasing of legal services, and the ANAO made several recommendations to enhance the benefits that the Government has derived from individual agencies' being responsible for determining their own legal service needs.

The report also considered the effectiveness of OLSC in administering the Legal Services Directions and assisting agencies with their legal services purchasing. The recommendations directed toward OLSC build on initiatives already established by us to improve agencies' awareness of the Directions and to provide forums for agencies to exchange information about best-practice legal services purchasing. The Department supports those recommendations and is continuing its work in this area.

Challenges

One of the key challenges we faced during the year was our engagement in FTA negotiations as part of our ongoing promotion of Australian legal services internationally.

We also worked with OFLC and ITSA on some large-scale classification and bankruptcy policy projects, including a series of reviews and changes to the classification system. Our challenge is to continue to provide the Attorney-General and government with high-quality policy advice on these projects in an efficient and effective manner.

We also maintained our ongoing work to finalise a review of the Legal Service Directions, as well as working with the ANAO in its development of a report into legal services arrangements. Emerging from these are a series of new priorities for OLSC, including:

• consideration of wide-reaching education campaigns to promote awareness of the Legal Service Directions, paying particular attention to educating smaller agencies
• assisting the ANAO in developing best-practice guidelines for recording and reporting legal services expenditure, and
• considering further enhancing our outreach initiatives to stakeholders.

Outlook

Among other key initiatives over the next reporting period, we will:

• work on further outreach initiatives for the Legal Services Directions
• build our legal cooperation and promotion of Australian legal services internationally and continue to be actively involved in bilateral free trade negotiations for legal services and negotiations in the World Trade Organization
• work with ITSA on a review to determine whether debt agreements are meeting the original policy objective of providing a cost-effective alternative to bankruptcy
• continue assistance with constitutional litigation, policy and public law issues
• promote the harmonisation of laws by working with the States and Territories through SCAG, in particular by securing the enactment of the national legal profession model provisions and by facilitating a working group charged with developing a national system for the regulation of personal property securities
• establish new arrangements for selecting legal services for our Department, and
• conduct a review of the fee waiver principles for classification fees under the National Classification Scheme, in consultation with OFLC and relevant stakeholders.

Output 1.3 - Legal services and policy advice on family law and legal assistance and the administration of government programs providing legal assistance and family law related services

Performance overview

Output 1.3 is the responsibility of the Civil Justice Division and the Indigenous Justice and Legal Assistance Division. This follows a reorganisation of a number of departmental functions during 2004–05.

Family law

In family law, the Department's major achievement in 2004–05 has been assisting the Government to develop its response to Every picture tells a story, the House of Representatives Committee on Family and Community Affairs' report on its inquiry into child custody arrangements in the event of family separation. This involved working closely with the Department of Family and Community Services (FaCS) and the Department of the Prime Minister and Cabinet to ensure a cross-portfolio approach to the Committee's recommendations.

In responding to the report, the Government announced a package of new and expanded services, at a cost of $397 million over four years, to help prevent separation and, where parents do separate, help them reduce conflict and reach agreement on parenting arrangements in a non-adversarial way. Central to the response is the establishment of a new network of Family Relationship Centres that will help families reach agreement outside the courts, where possible, and assist families to access a range of other services. The Government's response also contains the most significant changes to the Family Law Act 1975 in 30 years, major changes to the way courts handle parenting issues and a new combined registry for the Family Court and the Federal Magistrates Court.

On 23 June 2005, the Government tabled its formal response to the report and released an exposure draft of the legislative changes: the Family Law Amendment (Shared Parental Responsibility) Bill 2005. It immediately referred the Bill to the House of Representatives Standing Committee on Legal and Constitutional Affairs to allow for consultation upon the draft Bill. Among other things, the Bill will introduce a new presumption of joint parental responsibility to promote parents consulting together on important parenting decisions such as where a child goes to school or major health issues. It will make the primary factors when deciding the best interests of the child the right of children to know their parents and be protected from harm.

The Bill also will require parents to attend dispute resolution before taking a parenting matter to court (with exceptions, including situations of child abuse and violence). It will improve enforcement of parenting orders through the ability to impose cost orders, bonds, 'make up' time and compensation.

The Bankruptcy and Family Law Legislation Amendment Act 2005 (BFLLAA) received Royal Assent on 18 March 2005. This Act amends the Family Law Act 1975 and the Bankruptcy Act 1966 to address problems relating to the interaction of bankruptcy law and family law, and implements key recommendations of the 2002 Report of the Joint Taskforce on the Use of Bankruptcy and Family Law Schemes to Avoid Payment of Tax (the Joint Taskforce).

Other improvements to the Family Law Act 1975 were enacted by the Family Law Amendment Act 2005, which received Royal Assent on 6 July 2005. This Act includes amendments that supplement reforms in the BFLLAA in response to the Joint Taskforce recommendations. The Act incorporates recommendations of the Senate Legal and Constitutional Legislation Committee and submissions received from stakeholders.

Applications were approved for scheme-specific factors and methods for valuing superannuation interests for the purpose of the 2002 family law reforms permitting splitting and flagging of superannuation interests on marriage breakdown.

The operation of Part VIIIB of the Family Law Act 1975, enabling superannuation to be split in property settlement proceedings between parties to a marriage on marriage breakdown or divorce, was extended by the Family Law Amendment (Annuities) Act 2004 to superannuation-like annuity products. Those amendments, and supporting adjustments to the provisions of the Family Law (Superannuation) Regulations 2001, commenced on 15 June 2005.

The Marriage Amendment Act 2004 was passed by Parliament and came into force on 16 August 2004. The Act amends the Marriage Act 1961 by inserting a formal definition of marriage as 'the union of a man and a woman to the exclusion of all others voluntarily entered into for life'. The amendments also make clear that the definition of marriage applies to the recognition in Australia of foreign marriages.

In June 2005, the Marriage Regulations 1963 were amended to provide for the introduction of a new Form 15 marriage certificate. This is the certificate given to marrying couples. The changes have been made to ensure that the certificates are more secure against fraud or misuse and are readily traceable. The certificates, which marriage celebrants will be required to give to all marrying couples from 1 September 2005, will contain security features, including individual serial numbers. The certificate will provide couples with much more reliable evidence of change of name and marital status.

Reforms to the Marriage Celebrants Program contained in the Marriage Amendment Act 2002 that came into effect on 1 September 2003 have entered their second year of implementation. During a transitional period of five years, a cap has been imposed on the number of marriage celebrants able to be registered each year. The cap is 10 per cent of the total number of Commonwealth-registered marriage celebrants calculated on an annual basis in defined geographic regions. Between 1 July 2004 and 30 June 2005, the Department received 1,538 applications for registration as a marriage celebrant. The very large number of applications for registration has necessitated the establishment of waiting lists for appointment in all regions.

Case Study: Family law reform—investing in the future

This Department's Family Pathways Branch is working with the Department of Family and Community Services to bring about major changes to family law and family relationships services. In the 2005/06 Budget, $397.2 million over four years has been provided to assist families before, during and after separation.

Family relationship centres—a front door into the family law system.

This package is the biggest-ever investment in the family law system. Changes to the legislation will promote the importance of children having a meaningful relationship with both their parents after separation.

The Attorney General's Department is working to establish a network of 65 family relationship centres, which form the centrepiece of the package. The centres will be established across Australia over the next three years through an open competitive selection process. The centres will be a front door into the family law system. They will have a role in building strong, healthy relationships by helping couples with pre-marriage education and relationship skills.

The centres will be a point of referral and information for families seeking help (whether or not they are separated) and will assist separated parents to reach agreement on parenting arrangements. Where parenting arrangements break down or court orders are breached, the centres will be a first port of call to help parents resolve disputes and establish arrangements that work for them and more importantly their children.

A new national telephone advice line and web site will also support the new system. More details and updates on the establishment of the centres can be found at www.familylaw.gov.au.

Legal aid

Major achievements for 2004–05:

• Legal aid agreements were signed for the provision of legal aid for Commonwealth law matters in all States and Territories. Following intensive negotiations, State and Territory governments and legal aid commissions signed new agreements in March and April 2005. These replace the previous agreements and are due to expire on 31 December 2008. The signing of the agreements allowed additional funding of $12 million per annum, provided in the 2004–05 Budget, to flow to legal aid commissions to enhance services.
• Revised Commonwealth legal aid priorities and guidelines were implemented. The new agreements implement revised priorities and guidelines and provide a framework for improved financial management and accountability.
• Development commenced on a new reporting system, Legal Aid Reporting Initiative (LARI). To underpin the financial management and accountability framework, the Department commenced work on developing a new data collection and reporting system to replace the Legal Aid System for Statistical Information and Exchange (LASSIE). The new system will provide functionality for both statistical and financial reporting, enabling the Department to manage impending changes in the management systems used by legal aid commissions.

Performance measures

Timely and sound assistance to the Attorney and the Government to develop and implement policies that recognise

• needs, rights and responsibilities of individuals and families
• an appropriate balance of competing community interests

Family law

Marriage Celebrants Program

The implementation of the reforms to the Marriage Celebrants Program has involved ongoing discussions with marriage celebrants and other interested parties. The new system balances the needs of marriage celebrants registered under the previous system with appropriate development and accountability of marriage celebrancy as a whole.

Family Law Amendment Act 2005

The Family Law Amendment Act 2005 included amendments to the family law provisions for child maintenance, allowing for recovery of child maintenance in circumstances where a person was found not to be liable to support a child on the basis that paternity testing showed they were not a parent of the child. The Department assisted the Attorney-General to respond appropriately to balance competing public interests in the passage of these provisions. The Department also advised the Government on amendment of the Bill to respond to public and legal professional views on family court costs issues.

Bankruptcy and Family Law Legislation Amendment Act 2005

In advising the Attorney-General on progressing the passage of this Act in 2005, we took into account a range of opinions expressed by stakeholders on the harmonisation of bankruptcy law and family law. The new legislative regime allows for recognition of competing interests of creditors, bankrupts, the bankruptcy trustee and former spouses in proceedings where these areas of law interact.

International family law

Adoption

As part of its responsibility as the Commonwealth Central Authority - and in accordance with the Commonwealth - State Agreement for the Implementation of the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption - the Department cooperates with the States and Territories to facilitate the operation of existing arrangements, and development of new arrangements, with countries that are party to the 1993 Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption.

The Department, in cooperation with the States and Territories, also monitors Australia's bilateral adoption programs with China, Ethiopia, Fiji, Hong Kong, Korea and Taiwan, which are not party to the Convention.

In 2005, the Department made a submission to and appeared before the Standing Committee on Family and Human Services, which is undertaking an Inquiry into Adoption of Children from Overseas.

Abduction

The Department is the Commonwealth Central Authority for the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In cooperation with State Central Authorities, it provides assistance to applicants to secure the prompt return of children wrongfully removed to, or retained in, any country party to the Convention.

At the end of the reporting year, agreement had been reached with the Lebanese government on the final text of an agreement that aims to promote cooperation between Australia and Lebanon in cases involving the protection of the welfare of children. This agreement is based on the Bilateral Agreement regarding Cooperation on Protecting the Welfare of Children between Australia and Egypt (which came into effect on 1 February 2002).

Child protection

The Department is the Commonwealth Central Authority for and oversees the implementation of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. Each State and Territory will also implement the Convention through model legislation relating to child protection matters.

The Convention provides simple solutions to jurisdictional problems arising when parents and children travel from one country to another. It also facilitates the mutual recognition and enforcement of parental responsibility orders and child protection orders made under the Convention.

Overseas maintenance

The Department works closely with the Child Support Agency to ensure child support liabilities and proceedings pursuant to the Family Law Act 1975 are pursued effectively and in a timely fashion.

The Department continues to liaise with the working group of the Hague Conference on Private International Law, which is drafting a new comprehensive Hague Convention on the International Recovery of Child Support and other Forms of Family Maintenance. The new treaty will develop a modern system of judicial and administrative cooperation between contracting states for the international recovery of child support.

Legal aid

Advice provided to the Attorney-General, the Prime Minister, Treasurer and Minister for Finance and Administration facilitated the signing of new legal aid agreements with the States and Territories that provide for individuals and families to access legal aid services for Commonwealth law matters.

Advice provided to the Attorney-General facilitated the establishment of the new duty lawyer service to assist people representing themselves before the Family and Federal Magistrates courts and the Family Court of Western Australia.

Management of programs

• successful negotiation of agreements/contracts which reflect the Commonwealth's requirements
• effective monitoring of performance of funded programs
• successful implementation of new or enhanced programs/projects within available budget

Family law

By commissioning the development of guidelines, training and research, we continued to promote best practice in services assisting separating families. Projects completed in 2004–05 include:

• a training package for group work facilitators in the Contact Orders Program (a program that helps separated families in high conflict)
• training for service providers in entering information about their services on Australian Law Online
• research on the training needs of workers in children's contact services, and
• research into the expectations and experiences of people using children's contact services.

Legal aid

Provisions in the new legal aid agreements set out the legal assistance services to be provided in relation to Commonwealth law matters. The new agreements also enhance transparency and strengthen financial management and control of Commonwealth funds.

New reporting requirements have been included in the new legal aid agreements. These requirements, together with the development of the new legal aid reporting system, will facilitate monitoring of legal aid commission performance under the agreements.

The new duty lawyer service to assist people to represent themselves in family law matters was successfully implemented.

The fees paid to private solicitors providing legal aid services for family and veterans' law matters have been brought up to a minimum of $120 per hour (GST exclusive) in all jurisdictions except Tasmania. The fee increase in that State is being phased in.

The cost limits on family law matters have been increased to $12,000 for party professional costs and $18,000 for child representative costs.

Community Legal Services Program

The data collection and reporting system used by community legal centres (CLCs) was upgraded during 2004–05. The enhanced system provides for the improved collection and monitoring of performance information submitted by CLCs in accordance with their service agreements.

A review of CLCs in New South Wales was commenced in August 2004. This is the last of a series of joint Commonwealth - State reviews, which provide both governments with a sound basis for future decision-making under the program. The final report is being drafted.

Administration of programs

• applications for assistance, or payments made, under special schemes, assessed in accordance with agreed arrangements or guidelines for financial assistance

Family law

As indicated above, consultation with stakeholders enabled us to provide sound advice to the Government on its proposed reforms to the family law system. With the help of FaCS, we held face-to-face meetings around the country, in capital cities and some regional areas, with over 300 organisations, service providers and interest groups. We also held teleconferences with rural service providers and received over 400 written submissions. Following the Government's announcement of its package of reforms in May 2005, we held scenario workshops with a range of service providers and relevant agencies to assist us to identify the day-to-day operational issues associated with Family Relationship Centres. We are continuing to consult with these and other stakeholders as we implement specific aspects of the reform package.

We liaised regularly with stakeholders in the family law system - in particular, community-based service providers. We also consulted with professional bodies such as the Law Council of Australia, including its Family Law Section, legal aid commissions, CLCs, and relevant government agencies such as the Insolvency Trustee Service Australia, on a range of issues.

Reforms to the Family Law Act 1975 were undertaken with extensive consultation with representatives of community organisations providing services to separating couples, the Family Court, the Federal Magistrates Court, representatives of the legal profession, legal aid commissions and some CLCs.

We also consulted government and non-government agencies in the family law system through participation in the Separation Support Network, which has representatives of key organisations working towards a more coordinated family law system. The Department also participated in a joint working group to examine ways of better coordinating the Commonwealth's family law system with State and Territory child protection systems.

Significant consultation also took place with the Child Support Agency and FaCS on development of reforms related to family law and child support.

Marriage celebrants program

As part of the process for introducing the new couples marriage certificate, consultation took place with stakeholders in marriage celebrancy. Celebrant associations were surveyed on issues including paper type and printability of the new certificates. Celebrant associations, Registries of Births, Deaths and Marriages, and Nominating Authorities for Recognised Denominations were consulted on record keeping associated with the new certificates.

International family law

The Department participated in two intercountry adoption conferences with the State and Territory central authorities for intercountry adoption. The first conference was held in Canberra in November 2004, and the second in Hobart in April 2005.

The Department responded to queries from the public and members of the legal profession on international family law matters, including parental abduction, adoption and child maintenance. The Department also maintains the publicly available International Child Abduction: Official Australian web site, which includes information on the Convention, related legislation and how to make an application under the Convention. The web site address is www.ag.gov.au/childabduction.

Legal aid

The Department manages the Commonwealth Criminal Law—Expensive Cases Fund, which has been established to assist legal aid commissions to cater for high, one-off costs associated with providing assistance for a particular criminal law matter.

Financial assistance

The Department administers a range of schemes for legal assistance. These include statutory schemes under the Native Title Act 1993, the Federal Proceedings (Costs) Act 1981, the Human Rights and Equal Opportunity Act 1986 and the Judiciary Act 1903 and non-statutory schemes such as the Overseas Custody (Child Removal) Scheme, Special Circumstances (Overseas) Scheme and the Commonwealth Public Interest and Test Cases Scheme.

The largest expenditure from the appropriation for the schemes of financial assistance is for administration of the statutory scheme under section 183 of the Native Title Act 1993. The guidelines in accordance with which assistance is provided under that scheme take account of the unique nature of native title matters, which potentially affect a large number of respondents with diverse interests. As at 30 June 2005, there were 1,265 current grants of financial assistance under the native title financial assistance schemes.

Consultation/liaison with stakeholders

• maintenance of effective partnerships and consultative arrangements with stakeholders

Family law

In assisting the Government to develop its response to Every picture tells a story, we undertook wide-ranging public consultations on proposed changes to the family law system. These consultations enabled us to provide advice to the Government that took into account the diverse views in the community about the proposed reforms.

Legal aid

Staff of the Department met with National Legal Aid and individual legal aid commissions during 2004–05 to discuss key issues with the legal aid program.

Community Legal Services Program

The Community Legal Services Program is managed as a partnership between the Australian and State governments in those jurisdictions where there is a State Community Legal Centre funding program. The Department funds State legal aid commissions (or, in South Australia, the State Attorney-General's Department) to employ state program managers to manage the program in each State on behalf of the Commonwealth. The state program managers also undertake program management functions on behalf of the State. This arrangement provides funded organisations with a single reporting framework for combined Commonwealth and State monies.

The Department regularly consults with community legal centres through State program managers and through the sector's industry representative group, the National Association of Community Legal Centres.

International casework

• process of international casework meets/satisfies requirements of Australian and foreign law

International family law

The Department continued to undertake casework in relation to international family law issues to fulfil Australia's obligations under a number of international agreements and conventions. In relation to the Hague Convention on the Civil Aspects of International Child Abduction, the work of the Department resulted in the successful return of children to the country from which they had been wrongfully removed.

The Department has secured maintenance payments for children whose maintenance is not covered by the Child Support (Assessment) Act 1989 where one of the parents lives overseas.

The Department has also facilitated the registration of custody orders from reciprocating jurisdictions.

Evaluations

Review of Australia's bilateral adoption programs

A review of Australia's bilateral adoption programs with China, Ethiopia, Fiji, Hong Kong, Korea and Taiwan was completed by an interdepartmental committee of Commonwealth and State Central Authorities.

The review examined the programs in respect of their current practice and their conformity with the standards and principles set out in the 1993 Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption. The committee recommended that the programs be continued, as each of those programs meets Hague Convention standards. At the Community Services Ministers' Advisory Council's meeting on 7 October 2004 State and Territory members endorsed these programs. They also agreed to a robust and independent review of these arrangements in 2009 by the Australian Central Authorities. However, since that time, the Ethiopian program has been subject to further scrutiny and it has been decided that, pending the outcome of the review, it should be examined further.

Review of the Community Legal Service Funding Program - New South Wales (continuing)

A review of New South Wales community legal centres commenced in August 2004. The review committee, comprising Australian Government and New South Wales government officials as well as representatives from the New South Wales community legal services sector, New South Wales Council of Social Services and the Law Society of New South Wales, called for public submissions in October 2004. The committee has since conducted a series of consultations with service providers, including specialist centres, rural and regional community legal centres and other relevant stakeholders. The final report is in the process of being drafted.

Evaluation of the legal aid aspects of the Magellan project

In June 2005, the Attorney-General decided to extend the waiver of the fee cap in the Legal Aid Guidelines for Magellan cases until 30 September 2006. Magellan is a Family Court of Australia program that fast tracks and more intensively case manages cases in which serious allegations of child abuse are made.

Consideration by the Attorney-General of any further extension of the waiver will be informed by an evaluation of the Magellan project, including the legal aid elements of the project.

Purchaser - provider arrangements

Legal aid

Funding for the provision of legal aid services and the Commonwealth legal aid program was distributed to legal aid commissions under new legal aid agreements. The initiatives described under the 2004–05 Budget measure 'Commonwealth legal aid—equitable access' have been implemented.

Challenges

Family law

The Government's response to the Every picture tells a story report represents the most significant changes to the family law system since 1975. There will be major challenges to ensure that all of the new and expa nded services and legislative reforms are progressed in an effective and timely manner. However, the major challenge will be encouraging cultural change and helping the community understand the Government's objectives.

To meet these challenges, we are working closely with FaCS and the Department of Human Services to ensure a cross-government approach to these challenges. We will also be advising the Government on what needs to be done to communicate the reforms to the wider community.

Legal aid

Funds were provided in the 2004–05 Budget to improve the Department's capacity to manage its financial and accountability requirements. This included funds to enable the Commonwealth to enhance reporting capabilities and to improve and automate business processes. As part of these initiatives, the Department has commenced development of a new data collection and reporting system, the Legal Aid Reporting Initiative (LARI), to replace the current Legal Aid Statistical System for Information Exchange (LASSIE). The Department anticipates that LARI will be fully implemented during 2005–06.

Outlook

Family law

Implementation of the significant reforms flowing from the Government's response to the Every picture tells a story report will be our major focus next year - and indeed the following three years. We will assist the Government with the Family Law Amendment (Shared Parental Responsibility) Bill 2005, including advising on feedback received during the exposure process and Parliamentary Committee consideration. We will work closely with FaCS, the courts and other relevant agencies. In 2005–06, a primary focus will be developing the new network of Family Relationship Centres and selecting organisations to manage them so that 15 centres can commence operation in mid-2006. In addition, the legislative reforms that are required to pick up the references of power from some States to allow de facto couples to resolve their disputes concerning property matters in courts exercising jurisdiction under the Family Law Act 1975 will be a major priority. Ongoing work on administering the Marriage Celebrants Program and the case work associated with our responsibilities in International Family Law will continue to be significant priorities.

Legal aid

The legal aid program will be working closely with legal aid commissions, through National Legal Aid, to consider issues affecting access to legal aid.

Output 1.4 - Legal services and policy advice on international law

Performance overview

Output 1.4 is the responsibility of the Office of International Law. Through the Office, the Department provided legal services and advice on international law that contributed to the welfare, and promoted the interests, of the Australian community directly and through the implementation of international law in Australian domestic law.

Advice we provide contributes not only to achieving the outcomes for the Department, but also to outputs and outcomes of other departments. We provide legal advice on the broad spectrum of international law. We represent Australia in the negotiation of a wide range of treaties and other legal instruments, and provide advice on the domestic implementation of treaties.

• Together with the Department of Foreign Affairs and Trade (DFAT) and Geoscience Australia, we prepared a submission under the United Nations Convention on the Law of the Sea, claiming an extended continental shelf for Australia.
• Together with DFAT, we successfully negotiated a maritime boundary agreement with New Zealand.
• Together with DFAT and other agencies, we have been negotiating maritime arrangements with East Timor.
• We prepared Australia's report on implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
• We contributed to the successful outcome of the World Trade Organization (WTO) dispute brought by Australia and other countries against the European Communities, concerning subsidies for sugar exports.

Performance measures

Relevant, sound and timely legal advice on international law issues

We provided detailed advice on the law of the sea in developing a major submission, with DFAT and Geoscience Australia, in support of Australia's assertion of an extended continental shelf for Australia. Under the UN Convention on the Law of the Sea, Australia is entitled to areas of continental shelf beyond 200 nautical miles of Australia that are within limits defined in the Convention. The completed submission set out in detail Australia's extended continental shelf in 10 distinct areas off the Australian mainland and outlying areas, covering over three million square kilometres.

We provided advice on the law of the sea, which assisted the Government in the development of a plan for offshore and maritime security.

We provided advice on a wide range of fisheries issues, assisting the Government to defend Australia's interests in its marine resources.

We continued to provide advice in the implementation of the Proliferation Security Initiative (PSI), a multi-nation activity aimed at preventing the development and transfer of weapons of mass destruction. We chaired the legal experts group of the PSI meeting in Sydney in December 2004, focusing on the international law relating to air interdictions.

We provided advice to other agencies on a variety of legislation and policy initiatives, to help them ensure consistency with international law. Particular areas of advice included law of the sea, law of armed conflict, human rights law, security issues, and environmental law.

The Department cleared National Interest Analyses prepared for all treaties that the Government proposes to ratify. It appeared regularly before the Joint Standing Committee on Treaties to advise on international law issues. The outcome of this activity is proper analysis for the Pa rliament and the public on international obligations that Australia proposes to undertake.

Ministers and other clients have expressed high levels of satisfaction with the quality, relevance and timeliness of advice provided.

Case Study: Extended continental shelf limits

Australia is nearing the end of a process to confirm its jurisdiction over large areas of seabed that are over 200 nautical miles from Australia. There are ten such regions of continental shelf linked to the Australian landmass, with a total area of 3,372,000 square kilometres. Australia has both resource and environmental jurisdiction over the seabed of this vast area.

Under the Law of the Sea Convention, Australia was required to submit these areas to the UN Commission on the Limits of the Continental Shelf. Australia's submission documentation, weighing some 700 kilograms, was lodged with the United Nations in November 2004. It was the subject of a presentation to the full Commission in April 2005 by a delegation led by the Attorney-Gener