Australian Government: Attorney-General's Department
Australian Government: Attorney-General's DepartmentAchieving a Just and Secure Society

Annual Report 2005-06 Part 5 Appendixes

  1. Reporting arrangements in the Attorney-General's portfolio
  2. Freedom of information matters
  3. Service charters
  4. Consultancy services
  5. Advertising and market research
  6. Legal services expenditure
  7. Staffing profile
  8. Staff achievements
  9. Occupational health and safety
  10. Commonwealth Disability Strategy
  11. Extradition, mutual assistance and criminal justice certificates
  12. The International Criminal Court Act 2002

Appendix 1

Reporting arrangements in the Attorney-General's portfolio

Element Reporting arrangements
Solicitor-General A
Administrative Appeals Tribunal B
Administrative Review Council B
Australasian Centre for Policing Research C
Australian Crime Commission B
Australian Customs Service B
Australian Federal Police B
Australian Government Solicitor B
Australian Institute of Criminology B
Australian Institute of Police Management C
Australian Law Reform Commission B
Australian Security Intelligence Organisation B
Australian Transaction Reports and Analysis Centre B
Copyright Tribunal D
Criminology Research Council B
CrimTrac B
Defence Force Discipline Appeal Tribunal D
Family Court of Australia B
Family Law Council B
Federal Court of Australia B
Federal Magistrates Court of Australia B
Federal Police Disciplinary Tribunal B&D
High Court of Australia B
Human Rights and Equal Opportunity Commission B
Insolvency and Trustee Service Australia B&E
National Crime Statistics Unit C
National Institute of Forensic Science C
National Native Title Tribunal B
Office of Film and Literature Classification B
Office of Parliamentary Counsel B
Office of the Director of Public Prosecutions B
Office of the Privacy Commissioner B

A. Although resourced by the Attorney-General's Department, the Solicitor-General is independent of the Department. The Solicitor-General does not report formally to Parliament.

B. Separate reports from these bodies are tabled in Parliament.

C. Reports on activities covered by the annual report on administration and activities of national common police services.

D. Administrative support for these tribunals is provided by the various Federal Court registries. Information about these bodies can be found in the annual report of the Federal Court of Australia.

E. The Attorney-General is required by sub-paragraph 12(1)(d) of the Bankruptcy Act 1966 to report to Parliament on the operation of the Act.

Appendix 2

Freedom of information matters

Functional statements for the Attorney-General's Department and some portfolio agencies

This functional statement is published to meet the requirements of section 8 of the Freedom of Information Act 1982 (the FOI Act).

The Department's statement is provided first, followed by those of the Copyright Tribunal, Solicitor-General and Defence Force Discipline Appeal Tribunal (none of which publish their own annual reports). Agencies publishing their own annual reports are listed at Appendix 1. FOI statistics for the Department and all portfolio agencies are set out in the Attorney-General's annual report to the Parliament on the operation of the FOI Act, which is accessible at <www.ag.gov.au/foi>.

Attorney-General's Department

Establishment

The Department was one of the original departments established at Federation in 1901.

Organisation

The organisation chart (Figure 1, pages 24–25) shows the structure of the Department.

Functions

The broad functions of the Department are described in the departmental overview of this report (pages 17–22). Legislation administered by the Attorney-General is published in the Administrative Arrangements Order, which is available at <www.pmc.gov.au/docs/aao.cfm>.

Arrangements for outside participation in policy development

A variety of bodies, through their association with the Department, facilitate participation, by persons or bodies outside the Commonwealth administration, in the policy-making functions of the Department or in its administration of various schemes and enactments. Examples of such bodies are:

Accessible Public Transport National Advisory Committee

Administrative Review Council

Admiralty Rules Committee

Anti–Money Laundering Assistance Team Strategic Priorities Reference Group

Attorney-General's Non-Government Organisation on Domestic Human Rights (25 peak human rights bodies)

AUSTRAC Proof of Identity Steering Committee

Australasian Centre for Policing Research

Australasian Police Ministers' Council

Australia – New Zealand Crime Prevention Senior Offices' Group

Australian Bureau of Statistics

Australian Federation of Disability Organisations

Australian Institute of Criminology Board of Management

Banking and Finance Infrastructure Assurance Advisory Group

Biannual Ministerial Meeting with Financial Institutions

Board of the Australian Crime Commission

Building Access Policy Committee

Built Environment Expert Advisory Group

Business–Government Advisory Group on National Security

Catholic Welfare Australia

Corrective Services Ministers Conference

Criminology Research Council

CrimTrac Board of Management

Critical Infrastructure Advisory Council

CIP Futures Expert Advisory Group

Family Law Council

Family Services Australia

Firearms Policy Working Group

Icons and Public Gatherings Infrastructure Assurance Advisory Group

International Legal Services Advisory Council

Intergovernmental Committee on the Australian Crime Commission

Law Council of Australia

Ministerial Advisory Committee on AIDS, Sexual Health and Hepatitis

Ministerial Advisory Group on Money Laundering

Ministerial Council on Drug Strategy

Model Criminal Code Officers Committee

National Aboriginal Justice Advisory Committee

National Alternative Dispute Resolution Advisory Council

National Community Crime Prevention Advisory Group

National Community Crime Prevention Advisory Group for the Greater Western Sydney Region

National Crime Statistics Unit Board and Advisory Group

National Criminal Courts Statistics Unit Board and Advisory Group

National Corrective Services Statistics Unit Board and Advisory Group

National Drug Law Enforcement Research Fund

National Identity Security Coordination Group

National Inhalant Abuse Taskforce

National Motor Vehicle Theft Reduction Council

National Shooters Advisory Council

Native Title Consultative Forum

National Working Group on the Prevention of the Diversion of Precursor Chemicals into Illicit Drug Manufacture

Relationships Australia

Sporting Shooters and Firearms Advisory Council

Standing Committee of Attorneys-General (SCAG)

Water Services Infrastructure Assurance Advisory Group

Categories of documents held by the Department

The following categories of documents are held by the Department:

Facilities for obtaining access to documents held by the Department

Many documents held by the Department are available free of charge upon request. Others are publicly available for purchase.

The FOI Act also, subject to certain exceptions, provides persons with a legally enforceable right of access to documents held by the Department.

Enquiries and requests to obtain access to any document held by the Department should be directed to:

Director Freedom of Information Section Attorney-General's Department Robert Garran Offices National Circuit BARTON ACT 2600 Phone: (02) 6250 5693 Fax: (02) 6250 5908

Copyright Tribunal

Establishment

The Copyright Tribunal was established by the Copyright Act 1968.

Organisation

Section 138 of the Copyright Act provides for a Copyright Tribunal consisting of a President and such number of Deputy Presidents and other members as are appointed.

Functions

The jurisdiction of the Tribunal can be summarised as follows:

Categories of documents held by the Tribunal

The Tribunal maintains the following categories of documents:

Facilities for obtaining access to documents held by the Tribunal

Enquiries and requests to obtain access to documents held by the Tribunal should be forwarded to:

The Secretary
Copyright Tribunal
Level 16
Law Courts Building
Queens Square
SYDNEY NSW 2000
Phone: (02) 9230 8567
Fax: (02) 9230 8535

Solicitor-General

Establishment

The office of Solicitor-General was established under the Law Officers Act 1964.

Organisation

The Solicitor-General is the Second Law Officer of the Commonwealth (the Attorney-General is the First Law Officer).

The Solicitor-General is a holder of public office to whom administrative services are provided by the Attorney-General's Department.

Functions

The Law Officers Act sets out the functions of the office, which include acting as counsel for the Commonwealth, giving opinions on questions of law to the Attorney-General, and carrying out such other functions, ordinarily performed by counsel, as the Attorney-General requests.

Categories of documents

The Solicitor-General maintains the following categories of documents:

Facilities for obtaining access to documents

Enquiries and requests to obtain access to documents should be directed to:

Director
Freedom of Information Section
Attorney-General's Department
Robert Garran Offices
National Circuit
BARTON ACT 2600
Phone: (02) 6250 5693
Fax: (02) 6250 5908

Defence Force Discipline Appeal Tribunal

Establishment

The Defence Force Discipline Appeal Tribunal was established under the Defence Force Discipline Appeals Act 1955.

Organisation

The Tribunal consists of a President, Deputy President and members. It has a Registrar and Deputy Registrars as required. The principal office of the Tribunal is located in Canberra.

Functions

The Tribunal is empowered to hear and determine appeals by persons who have been convicted of a service offence by a court martial or a Defence Force Magistrate under the Defence Force Discipline Act 1982 or acquitted on the ground of unsoundness of mind. Subject to the reference of questions of law to the Federal Court of Australia, the Tribunal's determination is final.

Categories of documents held by the Tribunal

The Tribunal maintains the following categories of documents:

Facilities for obtaining access to documents held by the Tribunal

Enquiries and requests to obtain access to documents held by the Tribunal should be forwarded to:

Federal Court of Australia
Registry (ACT) 1st Floor
Commonwealth Law Courts Building
Childers Street
CANBERRA ACT 2600
Phone: (02) 6267 0566
Fax: (02) 6267 0625

Appendix 3

Service charters

The Attorney-General's Department Service Charter and associated complaints-handling policy have been in operation since June 1998. The departmental charter is supplemented by charters covering International Child Abduction, Child Support and Civil Procedure (ICACSCP) and the Trade Measures Review Secretariat (TMRS).

Apart from the departmental areas covered by their own specific service charter, the Attorney-General's Department has limited direct dealings with members of the public. The Department serves the Government, and through it, the people of Australia.

The departmental and ICACSCP charters can be viewed on the Department's home page at <http://www.ag.gov.au>. The TMRS charter can be viewed at <http://www.law.gov.au/tmro. All charters of the Department are available to clients as hard copy.

The following table sets out the customer service standards contained in each charter and the extent to which they were met during 2005–06.

Table 8: Compliance with customer service standards 2005–06
Charter Service standard Compliance with service standard
Attorney-General's Department A reply in plain English within 28 days of receipt of complaint, including the name and telephone number of the person dealing with the complaint. All complaints received a response within 28 days in compliance with standard.
  Personal information only used in accordance with the law. One complaint is currently being investigated by the Privacy Commissioner.
  Work will be undertaken with care, diligence and sensitivity to the needs of clients. *
  Strong commitment to accountability and continuous improvement. *
  Clients will be treated with courtesy, fairness and respect. *
  Staff will act responsively to client needs. *
International Child Abduction, Child Support and Civil Procedure Reply within 28 days of receipt of complaint. All complaints, except one, received a response within 28 days in compliance with the standard.
  Personal information only used in accordance with the law. No misuse of personal information, resulting in a breach of the privacy legislation, has been reported by the Privacy Commissioner for attention.
  Correspondence to be a well considered reply in plain English and to include the name and telephone number of the person dealing with the complaint. *
  Subject to caseload priorities, we will act promptly for clients. *
  Clients will be treated with courtesy, fairness and respect. *
  Clients will be referred to the appropriate body if we cannot help. *
Trade Measures Review Secretariat Provision of professional and independent support to the Review Officer, ensuring that reviews are conducted in a timely, accurate and fair manner. No complaints were received during the reporting period.
  Provision of as much access as possible to the review process, ensuring that all interested parties are given the opportunity to have their views considered. Public notices were published in the Australian Financial Review newspaper.
  Personal information only used in accordance with the law. No misuse of personal information, resulting in a breach of privacy legislation, has been reported to the Privacy Commissioner.
  Provision of accurate, concise and well-considered responses in plain English to written correspondence. *
  Generally, a written reply within 28 days of receiving your letter will be provided. Alternatively, an interim response outlining the delay and when you can expect a response will be provided. A written reply within 28 days of receipt of letter was provided in all cases.
  Correspondence will include the name and telephone number of the person dealing with your letter. *

* Information relating to these performance standards (including complaints data, compliments, and feedback from staff/client focus groups and surveys) indicates that they are being maintained.

Clients of the Department and those of the ICACSCP and TMRS can make a complaint or provide feedback in writing, via email, by telephone or in person. Staff of the Department, wherever possible, are encouraged to resolve complaints immediately. In those instances where a resolution cannot be reached at the time of the complaint, the complaint systems for all three charters require the recording of the following information for investigation and appropriate action:

Appendix 4

Consultancy services

Policy on selection and engagement of consultants

Departmental policy requires that the approving officer must ensure that the selection processes for consultants will promote open and effective competition to the extent practicable. Departmental selection procedures detail criteria that are to be addressed and refer to the core policies and principles for purchasing activities, including engaging consultants, outlined in the Commonwealth procurement guidelines. The Department engaged all consultants in accordance with appropriate principles and practices.

Consultancy services are a particular type of service delivered under a contract for services. They are distinguished from other contracts for services by the nature of the work performed. A consultant, whether an individual, a partnership or a corporation, is engaged to provide professional independent and expert advice or services. Typically, the term consultancy services is used to describe the application of expert professional skills to express an original concept; investigate or diagnose a defined issue or problem; carry out defined research, reviews or evaluations; or provide independent advice, information or creative solutions to assist the agency in management decision making.

The Department's consultancies have been identified using the Department of Finance and Administration's document titled Guidance on identifying consultancies for annual report purposes.

Details of contractors — for example those engaged through employment agencies for short-term relief or other purposes — are not included in this report.

In accordance with the Requirements for annual reports for departments, executive agencies and FMA Act bodies, detailed information relating to new consultancy contracts to the value of $10,000 or more (inclusive of GST) is provided in Table 9.

Summary statement

During 2005–06, 53 new consultancy contracts were entered into involving total actual expenditure of $2,935,611. In addition, nine ongoing consultancy contracts were active during the year involving total actual expenditure of $1,139,283.

Table 9: Consultancy services to the value of $10,000 or more let during 2005–06
Consultant name Description Contract price ($) Selection process (1) Justification (2)
Access Economics Report on costs and benefits of a national personal property securities register 22,000 Direct sourcing C
Acumen Alliance Development of Financial Management Framework project briefs and implementation plan 29,700 Select tender A
Australian Catholic University Research and development of practitioner tools 123,420 Select tender B
Australian Institute of Criminology Research into copyright piracy and trade mark counterfeiting 39,875* Direct sourcing C
Australian Institute of Criminology Preliminary research into community attitudes on criminal penalties as part of the Government's review into Commonwealth criminal penalties 80,000 Direct sourcing B
Centre for International Economics Research to determine the nature and extent of the tablet press market 115,540 Open tender B, C
Courage Partners Review of performance indicators & performance reporting 57,200† Direct sourcing B
Creswell, Chris Conduct major projects requiring high-level expertise in copyright law 109,456† Direct sourcing B
Cultural Partners Culturally and linguistically diverse communications strategy 66,000 Select tender B
Cultural Perspectives Development, printing and distribution of communications products to key audiences to promote awareness of people trafficking 88,000 Open tender B, C
Deborah Nanschild & Associates, Australia Independent review of Information Coordination Branch structure and Security Programs Branch 45,980 Direct sourcing B
Effective People Pty Ltd Provision of services to review AGD recruitment processes and operations 15,060 Select tender B
Elliott and Shanahan‡ Market research used to develop the community education campaign for the Family Law Reforms 287,240 Select tender B
Ford, Peter Review of information and intelligence sharing in the aviation sector 80,000 Direct sourcing B
Gatecrasher‡ Development of advertising for the community education campaign for the Family Law Reforms 707,469† Select tender B
Gavin Jones Communication Indigenous communications strategy 86,790 Select tender B
Hiley, Graham, QC Review of the claims resolution process in the native title system 126,376† Direct sourcing C
Insight SRC Pty Ltd Provision of complex analysis of the results of a departmental survey into environmental health and workgroup morale and skilling of AGD senior management in the survey results 26,000† Direct sourcing B, C
IPS Worldwide Provision of an Employee Assistance Program (EAP) to the Department 22,403 Select tender B
KPMG Financial viability assessments 36,966 Select tender B
Leaf Software Engineering Provision of services to enhance the Indicator Reporting Information System (IRIS) for data received from Indigenous legal aid service providers 22,346† Direct sourcing B
Leapfrog Leadership Review of Corporate Governance and Coordination Section 14,250 Direct sourcing B
Levy, Ken, RFD Review of the claims resolution process in the native title system 66,000† Direct sourcing C
McLeod, Ron, AM Investigated appropriateness of dealings between the Australian Department of Defence, an Australian company, an Australian Defence employee and a US citizen who was charged in the US with espionage offences 100,592† Direct sourcing B
National Centre for Social and Economic Modelling Modelling legal aid means test variables against simulated Australian State and Territory populations 104,500 Direct sourcing B, C
Piper Alderman International comparison advice on personal property securities 61,061 Direct sourcing A, B
Quantum Edge Pty Ltd Training needs analysis 37,716 Direct sourcing B
Quay Connections Development of public relations strategy for the Family Law Reforms 123,695 Select tender B
RSM Bird Cameron Provision of financial services to undertake staff entitlements audits for Indigenous legal aid service providers in NSW, SA, Tas and NT 51,508† Select tender B
TNS Social Research‡ Study of private legal practitioner participation in legal aid system. 218,198 Open tender B
Tom Sherman Independent review of the Proceeds of Crime (POC) Act 2002 under section 327 of the Act 40,000 Direct sourcing C
Waincymer, Professor Jeffrey Development and provision of intensive training in World Trade Organization law for 11 Indonesian Government lawyers and officials 55,000 Direct sourcing A, B
Walter Turnbull Provision of financial viability services for request for tender for legal aid services for Indigenous Australians 14,116† Direct sourcing B
Walter Turnbull Probity advice for the legal services tender for the Attorney-General's Department in 2006 10,153 Select tender B, C
Worthington Di Marzio‡ Market research consultancy services for the National Security Information Campaign 180,000 Select tender B

* Australian Institute of Criminology: Liability for payment of the contract price is divided 50/50 between the Department and IP Australia. The total contract price is $79,750.

† Indicates actual expenditure as no fixed-contract price or payment exceeded agreed contract price. Information regarding these contracts is as follows:

Chris Creswell: Actual expenditure including superannuation. Contract was on the basis of a daily rate.

Courage Partners: Additional research incurred additional expenditure of $3,217. Contract variation completed.

Gatecrasher: The contract was not fixed price due to the nature of the consultancy. The contract reflected estimated costs for a range of advertising with actual costs to be approved by the Department during the course of the contract. This amount reflects actual amounts paid to the consultant on the basis of approvals provided by the Department.

Hiley, Graham: This was a fixed-price contract that was extended to provide for additional time spent by the consultant to complete the review.

Insight: Additional reports were required, which incurred additional expenditure of $6,233.

Leaf Software Engineering: A flexible-costing arrangement was entered into.

Levy, Ken: This was a fixed-price contract that was extended to provide for additional time spent by the consultant to complete the review.

Ron McLeod AM: There was no fixed-price contract. Mr McLeod was paid a daily rate on the basis that the work was required urgently by the Attorney-General and was for an indeterminate period.

RSM Bird Cameron: A flexible-costing arrangement was entered into.

Walter Turnbull: A flexible-costing arrangement was entered into.

‡ Indicates consultancy also reported in Appendix 5.

(1) Explanation of selection process terms:

Open tender: A request for tender is published widely and all submissions received before the deadline are accepted from any potential suppliers who satisfy the conditions for participation.

Select tender: An invitation to tender is issued to potential suppliers from a short list.

Direct sourcing: A form of restricted tendering in which an agency may invite a potential supplier or suppliers of its choice to make a submission because of their expertise and/or their special ability to supply the goods and/or services sought.

Panel: An invitation to tender is issued to a panel of potential suppliers (who have pre-qualified) established by the agency to supply to the government.

(2) Justification for decision to use consultancy:

A — skills currently unavailable within agency

B — need for specialised or professional skills

C — need for independent research or assessment

Appendix 5

Advertising and market research

Under section 311A of the Commonwealth Electoral Act 1918 the Department is required to disclose payments of $1,500 or more (inclusive of GST) to specific types of organisations. These organisations are advertising agencies, market research organisations, polling organisations, media advertising organisations, and direct mail organisations. There were no payments during 2005–06 to polling organisations. Details of payments to the other categories of organisations are set out below.

Table 10: Payments to advertising, market research and other designated organisations

Name of organisation Payment ($) Purpose
Advertising agency
Brown Melhuish Fishlock Pty Ltd 136,865 Advertising production and agency fees for National Bushfire Awareness and Preparedness advertising
Brown Melhuish Fishlock Pty Ltd 34,129 Creative production and consultancy fees for the National Security Campaign
Eryl Morgan Publications Pty Ltd 6,000 Advertising campaign for 'Working together to manage emergencies' programs
Fallick Family Settlements 7,161 Advertising campaign for 'Working together to manage emergencies' programs
Gatecrasher* 291,500 Development of advertising campaign for the Family Law Reforms
HMA Blaze 40,631 Advertising campaign for 'Working together to manage emergencies' programs
Market research organisation
Elliott and Shanahan* 315,964 Market research used to develop the community education campaign for the Family Law Reforms
TNS Social Research 33,470 Research on the participation of private legal practitioners in the provision of legal aid services
Worthington Di Marzio * 181,093 Market research consultancy services for the National Security Campaign
Worthington Di Marzio * 65,780 Research to provide input into a strategy to promote public understanding of national counter-terrorism arrangements
Media advertising organisation
Name of organisation Payment ($) Purpose
HMA Blaze Pty Ltd 246,955 Non-campaign government advertising (recruitment, job vacancies)
HMA Blaze Pty Ltd 56,758 Advertising of the National Community Crime Prevention Programme grants
HMA Blaze Pty Ltd 36,339 Request for tenders for the provision of legal services to Indigenous Australians
HMA Blaze Pty Ltd 20,627 Non-campaign advertising of Computer Network Vulnerability Assessment Program
HMA Blaze Pty Ltd 19,733 Security Legislation Review Committee — Public Submissions (national media)
HMA Blaze Pty Ltd 27,422 Security Legislation Review Committee — public hearings in Sydney, Melbourne, Perth and Canberra (national media)
HMA Blaze Pty Ltd 3,385 Advertising of the National Community Crime Prevention Programme grants
HMA Blaze Pty Ltd 2,481 Request for tenders for production of Intellectual Property Better Practice Manual
HMA Blaze Pty Ltd 8,287 Placement of advertising concerning new marriage certificate
Inmedia Publishing Pty Ltd 5,985 Advertising campaign for 'Working together to manage emergencies' programs
Universal McCann 10,383,107 Media buy for National Security Campaign
Universal McCann 3,810,954 Media buy for Bushfire Awareness Preparedness Campaign from October 2005 to June 2006
Universal McCann 227,700 Media buy for advertising for the Family Law Reforms
Direct mail organisation
Unimail 13,420 2005 and 2006 Graduate Recruitment advertising

Note: * Indicates organisation also reported in Appendix 4.

Appendix 6

Legal services expenditure

All departments and agencies are now required, under paragraph 11.1(ba) of the Legal Services Directions 2005, to report on their legal services expenditure each financial year. A breakdown of the Department's expenditure for 2005–06 is set out below, along with the previous year's data for comparison.

All expenditure figures include GST and are rounded to the nearest dollar.

Table 11: Legal services expenditure, 2004–05 and 2005–06
  2004–05 2005–06
Total legal services expenditure $6,646,501 $7,198,710
Total external legal services expenditure (See note 1) $5,696,501 $6,112,137
External expenditure on solicitors $4,564,109 $5,523,449
External expenditure on counsel $1,132,392 $588,688
Number of male counsel briefed 30 22
Value of briefs to male counsel $714,296 $280,316
Number of female counsel briefed 6 11
Value of briefs to female counsel $418,096 $308,371
Internal legal services expenditure (See note 2) $950,000 $1,086,573

Explanatory notes

  1. These figures exclude amounts of legal services expenditure relating to the Hague Convention on the Civil Aspects of International Child Abduction and the United Nations Convention on the Recovery Abroad of Maintenance and international obligations under various bilateral maintenance arrangements. These are recorded separately because they do not constitute the purchase of legal services by the Department for itself. Rather, they arise as the Department pays for legal services that benefit other parties as a result of obligations under international agreements.

  2. The Department does not have a separate internal legal services branch. Within the Department, there are units that provide both internal and external services, principally the Office of International Law, the Office of Legislative Drafting and Publishing, and the Counsel assisting the Solicitor-General. Legal services are provided at no cost to the areas of the Department receiving the services. There is no billing arrangement for internal legal services and separate records are not kept about this expenditure. These expenses are treated as part of the aggregate of staffing costs for the Department.

    An estimate of the cost of internal legal services has been derived from an assessment of the number of staff involved in providing internal legal services and the proportion of their time involved in providing those services. The staff of the Office of International Law devoted to providing internal legal services are the full time equivalent of 0.5 of an APS3, 1.0 Legal Officer, 1.0 Senior Legal Officer, 1.0 Principal Legal Officer and 0.5 (0.75 in 2005–06) of an SES Officer. The staff of the Office of Legislative Drafting and Publishing devoted to providing internal legal services are the full-time equivalent of 0.2 of a Legal Officer, 1.0 Senior Legal Officer, 0.3 (0.5 in 2005–06) of a Principal Legal Officer and 0.1 of an SES Officer. 0.5 full time equivalent of the Counsel assisting the Solicitor-General (a Principal Legal Officer) is devoted to providing legal services to the Department. Internal legal services that may be provided from time to time by other areas of the Department are not sufficiently material to enable separate costing.

    The cost of internal legal services was then estimated based on salary levels for these positions and increased by a factor reflecting typical staffing and other overheads within the Department.

    By this method, it is estimated that approximately $0.95m was spent on internal legal services by the Department in 2004–05 and approximately $1.04m was spent in 2005–06.

    From January 2006, internal legal services in relation to commercial law issues are provided by an officer seconded from the Australian Government Solicitor. For 2005–06 the cost was $46,573.

    The costs of the Solicitor-General (including salary) are also met by the Department.

Appendix 7

Staffing profile

The PM&C Requirements for annual reports for departments, executive agencies and FMA bodies this year specify that staffing statistics should show each classification level. In previous annual reports we have reported using three broad classification categories: Senior Executive Service, Executive Level 1–2 and equivalents, and APS Level 1–6 and equivalents. As well as the standard APS classifications, the Department has several broad-banded classifications, for example APS 5–6, and also specialist classifications such as Legal Officer.

The specialist classifications and the standard APS classification equivalents are as follows:

Graduate APS 1–2 equivalent
Legal Officer APS 3–6 equivalent
Senior Legal Officer Executive Level 1
Principal Legal Officer Executive Level 2

The tables on the following pages show staffing details for the Department at 30 June 2005 by broad classification categories, and at 30 June 2006 by each classification level.

Table 12 provides a breakdown at 30 June 2005 by location (region), broad classification category and gender for the Department. It includes all staff employed by the Department under the Public Service Act 1999 — that is ongoing, non-ongoing, full-time and part-time. Part-time staff are shown as full-time equivalents. Table 14 gives similar information to Table 12, but for each classification level, at 30 June 2006.

Table 13 shows staff numbers at 30 June 2005 by broad classification category, gender, and employment category and status. It shows head count numbers — that is, part-time staff are shown as the number of people employed, not full-time equivalents. Table 15 gives similar information to Table 13, but for each classification level, at 30 June 2006.

For the purposes of these tables, part-time staff are defined as staff members who work less than the standard hours per week (standard hours being 37 hours 30 minutes).

Only those staff whose salaries were paid by the Department are counted for the purposes of these tables. Staff on leave without pay and contractors are not counted.

Irregular or intermittent (casual) staff, numbering 39 at 30 June 2005, and 46 at 30 June 2006, are not recorded in these tables.

Table 12: Staffing by location (region), broad classification category and gender — paid staff (full-time equivalent) (includes ongoing, non-ongoing, full-time and part-time) as at 30 June 2005
    ACT NSW Vic Qld SA WA NT Total
Senior Executive Service Female 24.8 0 0 0 0 0 0 24.8
Male 38.0 0 0 0 0 0 0 38.0
Executive Level 1–2 and equivalent Female 153.9 0 9.0 0 0 0 1.0 163.9
Male 160.8 0 8.4 0 0 1.0 0 170.2
APS Level 1–6 and equivalent Female 302.0 3.0 14.6 2.0 1.0 2.0 3.0 327.6
Male 136.3 3.0 14.0 1.0 1.0 2.0 0 157.3
Total Female 480.6 3.0 23.6 2.0 1.0 2.0 4.0 516.2
Male 335.1 3.0 22.4 1.0 1.0 3.0 0 365.5

Table 13: Staffing by broad classification category, gender, employment category and employment status — paid staff (head count) as at 30 June 2005
    Ongoing Non-ongoing Total
    Full-time Part-time Full-time Part-time
Senior Executive Service Female 22 2 1 0 25
Male 37 0 1 0 38
Executive Level 1–2 & equivalent Female 143 24 5 0 172
Male 163 3 5 0 171
APS Level 1–6 & equivalent Female 263 24 48 3 338
Male 130 1 27 0 158
Total Female 428 50 54 3 535
Male 330 4 33 0 367

Table 14: Staffing by location (region), classification and gender — paid staff (full-time equivalent — includes ongoing, non-ongoing, full-time and part-time) as at 30 June 2006
    ACT NSW Vic Qld SA WA NT Total
APS Level 1–2 Female 11.56 0 0 0 0 0 0 11.56
Male 10.40 0 1.00 0 0 0 0 11.40
Graduate Female 30.00 0 0 0 0 0 0 30.00
Male 9.00 0 0 0 0 0 0 9.00
APS Level 3 Female 57.73 0 6.80 0 0 0 0 64.53
Male 11.00 0 2.00 0 0 0 0 13.00
APS Level 3–4 Female 5.00 0 1.00 0 0 0 0 6.00
Male 3.00 0 0 0 0 0 0 3.00
APS Level 4 Female 56.32 0 0 1.00 0 0 0 57.32
Male 18.00 0 0 0 0 0 0 18.00
APS Level 4–5 Female 8.00 0 1.00 0 0 0 0 9.00
Male 14.00 0 0 0 0 0 0 14.00
APS Level 5 Female 65.30 0 5.00 0 0 0 0 70.30
Male 29.00 0 1.00 0 0 0 0 30.00
APS Level 5–6 Female 7.60 0 0 0 0 0 0 7.60
Male 12.00 0 0 0 0 0 0 12.00
APS Level 6 Female 71.17 0 7.43 1.00 0 0 0 79.60
Male 38.00 2.00 3.00 3.00 0 1.00 0 47.00
Legal Officer Female 51.12 0 0 0 0 0 0 51.12
Male 24.00 0 0 0 0 0 0 24.00
Executive Level 1 Female 84.42 1.00 6.00 1.00 0 0 2.00 94.42
Male 91.60 0 7.00 1.00 1.00 1.00 0 101.60
Senior Legal Officer Female 58.68 0 0 0 0 0 0 58.68
Male 25.00 0 0 0 0 0 0 25.00
Executive Level 2 Female 37.60 0 1.00 1.00 0 0 0 39.60
Male 49.00 0 1.00 0 0 0 0 50.00
Principal Legal Officer Female 38.79 0 0 0 0 0 0 38.79
Male 29.80 0 0 0 0 0 0 29.80
SES Band 1 Female 16.60 0 0 0 0 0 0 16.60
Male 30.90 0 0 0 0 0 0 30.90
SES Band 2 Female 6.00 0 0 0 0 0 0 6.00
Male 12.00 0 0 0 0 0 0 12.00
SES Band 3 Female 1.00 0 0 0 0 0 0 1.00
Male 2.00 0 0 0 0 0 0 2.00
Total Female 606.89 1.00 28.23 4.00 0 0 2.00 642.12
Male 408.70 2.00 15.00 4.00 1.00 2.00 0 432.70

Table 15: Staffing by classification, gender, employment category and employment status — paid staff (head count) as at 30 June 2006
    Ongoing Non-ongoing Total
    Full-time Part-time Full-time Part-time
APS Level 1–2 Female 4 3 5 1 13
Male 6 0 6 0 12
Graduate Female 30 0 0 0 30
Male 9 0 0 0 9
APS Level 3 Female 40 3 21 3 67
Male 9 0 4 0 13
APS Level 3–4 Female 6 0 0 0 6
Male 3 0 0 0 3
APS Level 4 Female 44 3 11 1 59
Male 13 0 5 0 18
APS Level 4–5 Female 7 0 2 0 9
Male 12 0 2 0 14
APS Level 5 Female 57 6 9 1 73
Male 26 0 4 0 30
APS Level 5–6 Female 8 0 0 1 9
Male 11 0 1 0 12
APS Level 6 Female 74 4 4 0 82
Male 41 0 6 0 47
Legal Officer Female 38 0 12 2 52
Male 17 0 7 0 24
Executive Level 1 Female 87 6 3 2 98
Male 94 0 8 0 102
Senior Legal Officer Female 55 8 0 0 63
Male 22 0 3 0 25
Executive Level 2 Female 35 3 2 0 40
Male 50 0 0 0 50
Principal Legal Officer Female 38 3 0 0 41
Male 26 2 2 0 30
SES Band 1 Female 15 2 0 0 17
Male 29 1 1 0 31
SES Band 2 Female 5 0 1 0 6
Male 12 0 0 0 12
SES Band 3 Female 1 0 0 0 1
Male 2 0 0 0 2
Total Female 544 41 70 11 666
Male 382 3 49 0 434

Appendix 8

Staff achievements

The Department has in place a number of awards to acknowledge and reward individual and team achievements. The rewards and recognition arrangements are an important component of the Department's approach to recognising and celebrating the outstanding efforts and contributions of employees and for promoting our departmental values and behaviours. These are additional to external awards, including the Order of Australia and the Public Service Medal.

The Department recognises the importance of providing a work environment that encourages team and individual achievement. In addition to the formal awards, the Department strongly encourages managers to use informal mechanisms to recognise good performance. It is only against this background of constant encouragement and support that the Department can successfully implement its more formal reward and recognition arrangements.

The departmental awards are:

The less formal recognition awards are administered by individual divisions and offices. A number of these awards were presented during this reporting period.

Recipients of formal awards for 2005–06 and noteworthy achievements are listed below.

Order of Australia

Robert Cornall, the Secretary of the Department, was appointed an Officer in the General Division of the Order of Australia in the Australia Day honours list in 2006.

The appointment was for service to the community through contributions to the development of public policy, particularly counter terrorism arrangements in a changing global security environment; and through providing advice and governance across a diverse range of responsibilities within the civil justice system.

Public Service Medal

Geoff McDonald, Assistant Secretary of the Security Law Branch, was awarded the Public Service Medal in the Queen's Birthday Honours announced on 12 June 2006. The award was for outstanding public service in the development of the Australian Government's legislative response to terrorism.

Secretary's Award 2005

Susie van den Heuvel
For strengthening the role of Public Affairs on national security issues and expanding the Department's media and communications capability.

Deputy Secretaries' Awards 2005

CIVIL JUSTICE AND LEGAL SERVICES, DEPUTY SECRETARY'S AWARD 2005

Wayne Bobbin
For an outstanding contribution to the effectiveness of the federal civil justice system over many years.

NATIONAL SECURITY AND CRIMINAL JUSTICE, DEPUTY SECRETARY'S AWARD 2005

Jan Baker, Helen Cheung, Chris Dennis, Sally Kuschel, Matthew Lapworth, Edwina MacDonald
In recognition of the Criminal Justice Division working smarter team's contribution to individual and group learning within the Division.

General Managers' Award 2005

Manh Nguyen
In recognition of sustained and exemplary efforts in the provision of innovative IT solutions.

Academic Achievement Award

Alexandra White
In recognition of her outstanding achievements academically, in her job performance, and for maintaining a healthy work–life balance.

Australia Day Achievement Awards

Bruce Bannerman, Criminal Justice Division — in recognition of a longstanding commitment to the Department and, in particular, for high-quality work on the development of modern anti–money laundering/counter-terrorism financing legislation.

Rose Beynon, Civil Justice Division — for leadership and personal commitment in developing ground-breaking selection documentation for the new Family Relationship Centres.

Alan Collins, Emergency Management Australia — for leadership and management of the Local Grant Scheme and the National Volunteer Support Fund.

Nicola Cowan, Civil Justice And Legal Services Group — for professionalism and dedication in supporting the work of the Civil Justice and Legal Services Group.

Colin Ford, Information and Knowledge Services Group — for leadership of the ASNET infrastructure upgrade, developing the profile of ASNET and for building strong, productive relationships with State, Territory and Federal Government agencies.

Rebecca Healey, Financial Services Group — for excellence and outstanding achievement in managing the Department's financial management information system.

Sandra Purser, Legal Services and Native Title Division — for an outstanding contribution to legal cooperation between Australia and Indonesia.

Kim Rawson, Corporate Services Group — for outstanding work and dedication as departmental International Travel Officer.

Catherine Smith, Security and Critical Infrastructure Division — for responsiveness and professionalism in administering the Telecommunications Interception Act and for fostering international cooperation in the area of lawful interception.

Wendy Tjerks, Corporate Services Group — for outstanding work with the Ministerial Correspondence Unit over a long period, and most particularly during the record workloads of the past year.

Linda Wayne, Office of Legislative Drafting and Publishing — for an outstanding contribution in producing high quality compilations and reprints of Commonwealth legislation.

Maia Ablett, Caroline McGregor, Guidelines for Financial Assistance for Native Title Respondents Team — for developing new guidelines for the provision of financial assistance for native title respondents.

Peter Arnaudo, Serena Beresford-Wylie, Sabrena Donaldson, Janet Douglas, Kim Farrant, Fermin Lopez, Susie Noad, Dianne Orr, Alison Playford, David Syme, Michele Warner, Family Law Reforms Team — for outstanding advice to Government on the development of the biggest ever investment in the family law system and introduction into Parliament of the most significant changes to family law legislation in 30 years.

Margaret Beattie, Eva Gilbert, Julie Hall, Helen Monroe, Felicity Richmond, Family Violence Prevention Legal Service Team — for the efficient and timely expansion of the Family Violence Prevention Legal Services Program.

Anne Burr, Audrey Cooney, Carolyn McLachlan, Stephanie Purcell, Natalie Wadley, Eve Wilson, Payroll Services Team — for delivering quality, professional and reliable payroll services to the Department.

Sophie Davey, Daniel Gleeson, Robert Vigo Di Gallidoro, National Security Website Re-Development Team — for the successful delivery of an innovative, redeveloped national security web site.

Lani Gibbins, Catherine Hawkins, Andrew Walter, International Legal Cooperation Matters Team (Corby) — for highly responsive management of Government interests in high-profile international legal cooperation matters.

Camille Goodman, Roxane Nolan, Kelisiana Thynne, UN Rights Of The Child Convention Team — for outstanding effort in producing comprehensive briefing for Australia's appearance before the UN Committee on the Rights of the Child.

Katherine Hayman, Effie Meischke, Annette Quinn, William Story, Attorney-General's Overseas Travel 2005 — for outstanding professionalism and commitment in coordinating the Attorney-General's overseas visits in 2005.

Matthew Lapworth, Nicola Thompson, Eleventh UN Congress On Crime Prevention Team — for infrastructure management and logistics support for the Attorney-General, the Minister for Justice and Customs and the Australian Delegation to the Eleventh United Nations Congress on Crime Prevention and Criminal Justice.

National Security Hotline and Watch Office — for responsiveness and professionalism in fostering constructive national cooperation in the area of national security.

Other awards

HUMANITARIAN OVERSEAS SERVICE MEDAL

Steven Banks, Donovan Croucamp, Barry Dean, Trevor Haines, Paul McAlonan, Don Patterson, Emergency Management Australia staff members from Canberra and Mt Macedon Offices who were deployed to Phuket, Thailand and Banda Aceh, Indonesia during Operation Tsunami Assist — for professionalism, dedication to duty, and for providing critical support to Australian Medical and Public Health teams in Thailand and Indonesia.

A further 41 staff members received personal letters of thanks from the Attorney-General for their efforts during the operation.

COMMENDED AWARD IN THE SAFETY, REHABILITATION AND COMPENSATION COMMISSION'S SAFETY AWARDS 2005

Sebastian Ford, Matt Huntington, Roger Lye, Greg Potter, Adam Reis, Geoff Thornthwaite, Daniel Young — in recognition of their 'Roll-on Roll-off Strategy' minimising manual handling of IT equipment. The award, presented by the Minister for Employment and Workplace Relations, was in the category of Workplace Safety Innovative Solution Award.

Other achievements

Alex Boland and Scott Milne, members of the ACT State Emergency Service — officially recognised by the ACT Government for their involvement in the December 2005 storm-damage operation in the Canberra region.

Helen Daniels, Assistant Secretary, Copyright Law Branch — participated in the United States Government International Visitor and Leadership program in March 2006.

Colin Ford, Vicky Green, Arif Hamayan, Information and Knowledge Services — were acknowledged for their assistance to the planning and delivery of the Australian Government's contribution to security for the Melbourne 2006 Commonwealth Games. The letter of appreciation was received from the Security Adviser to the M2006 Commonwealth Games Taskforce, Department of Communications Information Technology and the Arts.

2005 Women's Network Award winners

2005 Women's Network Award winners (Left to right) Penny Milne, Jan Blomfield (Acting General Manager, Corporate Services Group – presenter of awards), Charlotte McAuliffe and Kym Duggan (accepted on behalf of Anita Mackay)

Appendix 9

Occupational health and safety

This report is presented in accordance with the requirements of section 74 of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act).

Our Department has a general Occupational Health and Safety (OH&S) Policy and an OH&S Agreement, as required under section 16 of the Act. These documents, together with a range of topic-specific OH&S policies, are available to staff electronically through the Department's intranet and are promoted in HR Matters, the newsletter produced by the Human Resources Branch.

Our Department seeks to provide a healthy and safe work environment for all staff, contractors and visitors. It promotes the integration of prevention activities into day-to-day business.

The Occupational Health and Safety Committee met on a quarterly basis during the year, and the minutes of its meetings were made available to staff. Five new Health and Safety representatives were appointed to the Committee in 2005–06.

Reporting requirements under the Act

Section 68 occurrences
(Notification and reporting of accidents and dangerous occurrences)		 There were six notifications.
Investigations under Section 68 of the Act No investigations were conducted.
Section 45 directions
(Power to direct that workplace, etc not be disturbed)		 No directions were given to the Department under s 45 of the Act.
Section 29 notices
(Provisional improvement notices)		 No notices were issued under s 29 of the Act.
Section 30 notices
(Duties of employers in relation to health and safety representatives)		 No notices were issued under s 30 of the Act.
Section 46 notices
(Power to issue prohibition notices)		 No notices were issued under s 46 of the Act.
Section 47 notices
(Power to issue improvement notices)		 One notice was issued under s 47 of the Act relating to the Department's failure to notify a dangerous occurrence within the timeframes prescribed in the Occupational Health and Safety (Commonwealth Employment) Act 1991 and for having insufficient risk control measures in place to ensure the heath and safety of EMA employees undertaking disaster management activities.

Outcomes for 2005–06

We continued to conduct regular workplace inspections throughout 2005–06. Reports were provided to division heads outlining recommendations and improvements. There was continual improvement across the Department, with divisions displaying an ongoing commitment to eliminating OH&S hazards. Staff awareness of OH&S has increased, resulting in improved prevention of, and early intervention for, workplace injuries and illnesses.

Major activities completed in 2005–06 included:

Priorities for 2006–07

Our OH&S priorities for 2006–07 are to:

Appendix 10

Commonwealth Disability Strategy

The Commonwealth Disability Strategy (CDS) is designed to assist agencies to improve access for people with disabilities to their programs, services and facilities. Under this strategy, the Department reports on its role as an employer and policy adviser.

Employer role

PERFORMANCE INDICATOR 1: EMPLOYMENT POLICIES AND PROCEDURES COMPLY WITH THE REQUIREMENTS OF THE DISABILITY DISCRIMINATION ACT 1992.

Performance measure:

Number of employment policies, procedures and practices that meet the requirements of the Disability Discrimination Act.

Current level of performance 2005–06:

During 2005–06, in keeping with the principles and programs of the Disability Discrimination Act, the following policies and programs were actioned:

Analysis of complaints and grievances reveals no complaints made by staff with disabilities with regard to current work practices.

Goals for 2006–07:

To review the following employment instruments, policies and procedures and update to incorporate recommendations from the 2006 Management Advisory Committee Report Employment of People with Disability in the APS 2006:

Actions for 2006–07:

During the negotiations for the new Agency Agreement, specific attention will be given to the principles of the Disability Discrimination Act.

Implement a new Workplace Diversity Program and disability strategy.

PERFORMANCE INDICATOR 2: RECRUITMENT INFORMATION FOR POTENTIAL JOB APPLICANTS IS AVAILABLE IN ACCESSIBLE FORMATS* ON REQUEST.

Performance measures:

Percentage of recruitment information requested and provided in:

Average time taken to provide accessible information in:

Current level of performance 2005–06:

All requested information is made available both electronically, in HyperText Markup Language (HTML) and Microsoft Word format, via the intranet, Internet and email, and in hard copy, via the post. No other formats were requested.

All requested information, both electronic and hard copy format, is despatched within 24 hours of the request.

Goals for 2006–07:

Investigate the process required to establish TTY functionality (in addition to the existing email and Web access) to enable all hearing-impaired applicants to successfully request information in accessible formats.

Actions for 2006–07:

Incorporate relevant statements advising special support available into all recruitment documentation.

Improve awareness for managers and external recruiters of procedures for handling a request for information in accessible formats.

Establish a log of all requests for information in accessible formats and the timeframes involved.

PERFORMANCE INDICATOR 3: AGENCY RECRUITERS AND MANAGERS APPLY THE PRINCIPLE OF REASONABLE ADJUSTMENT*.

Performance measure:

Percentage of recruiters and managers provided with information on reasonable adjustment.

Current level of performance 2005–06:

Advice on reasonable adjustment is available for all managers on the Department's intranet.

All internal recruiters and managers were provided with information regarding reasonable adjustments when requested.

Goals for 2006–07:

All of the Department's contracts with external recruitment firms will specify that, where required, all reasonable adjustments are to be made during the recruitment and selection process.

All internal recruiters will receive advice on reasonable adjustment at the start of the recruitment process.

All managers will receive advice about the principles and practice of reasonable adjustment when requested.

Actions for 2006–07:

Include requirements regarding reasonable adjustment in all contracts with external recruiters.

Update recruitment and selection guidelines to include advice on reasonable adjustment.

Review departmental policy on reasonable adjustment and management of related costs.

PERFORMANCE INDICATOR 4: TRAINING AND DEVELOPMENT PROGRAMS CONSIDER THE NEEDS OF STAFF WITH DISABILITIES.

Performance measure:

Percentage of training and development programs that consider the needs of staff with disabilities.

Current level of performance 2005–06:

All training and development nomination forms ask staff to identify any disability-related needs. All training and development evaluation forms ask staff to assess the management of their disability-related needs following training sessions. All staff with disabilities who have attended training and development programs report having their particular needs addressed.

One-on-one training in use of specialist equipment provided to staff with disability.

Goals for 2006–07:

Introduction of the online enrolment and training modules in the Department's human resource information system (Aurion) which captures information that considers the needs of staff with disabilities and produces automated reports.

The Information Documentation Management Section to work with an adaptive technologies consultant from Vision Australia to develop appropriate information regarding JAWS for access by all staff through the intranet.

Familiarisation training for internal and external trainers on the use of specialist equipment.

Actions for 2006–07:

Maintain access to training and development programs which meet needs of staff with disabilities as identified.

Conduct familiarisation training for internal and external trainers on the use of specialist equipment as implemented.

PERFORMANCE INDICATOR 5: TRAINING AND DEVELOPMENT PROGRAMS INCLUDE INFORMATION ON DISABILITY ISSUES AS THEY RELATE TO THE CONTENT OF THE PROGRAM.

Performance measure:

Percentage of training and development programs that include information on disability issues as they relate to the program.

Current level of performance 2005–06:

The Department offered several training and development programs during the year which included information on disability issues. These courses included Orientation, Accountabilities for APS employees and Management Skills Programs.

An online training program was developed and released for all staff as part of the Workplace Diversity Program 2004–06 which includes content on the APS Values and Code of Conduct, discrimination and legal compliance, cultural awareness, bullying and diversity, and occupational health and safety. These courses are available for all employees.

All training programs which have a relationship with disability issues include information as part of the content of the program.

Goals for 2006–07:

The Department will continue to implement development associated with the Workplace Diversity Program 2004–06, and further consider training and awareness as part of a new Workplace Diversity Strategy to be developed in 2006.

Actions for 2006–07:

Promote the use of online training programs covering disability and diversity issues.

Ensure that all new employees undertake Accountabilities training which discusses HR policies, including workplace diversity and disability.

PERFORMANCE INDICATOR 6: COMPLAINTS/GRIEVANCE MECHANISM, INCLUDING ACCESS TO EXTERNAL MECHANISMS, IN PLACE TO ADDRESS ISSUES AND CONCERNS BY STAFF.

Performance measure:

Established complaints/grievance mechanisms, including access to external mechanisms in operation.

Current level of performance 2005–06:

The Department has an established process for complaints handling, which includes access to external mechanisms (eg Employee Assistance Program, Merit Protection and Review Agency).

Departmental advices and guidelines on complaints handling and review of actions are promulgated on the Department's intranet site, to which all staff have access.

Analyses of complaints reveal no complaints/grievances involved disability issues in the workplace during 2005–06.

Goals for 2006–07:

To increase staff awareness of the harassment contact officers and their roles.

To increase the use of the online bullying prevention videos which provide information about reporting options.

Actions for 2006–07:

To increase the number of harassment contact officers within the Department.

Policy adviser role

PERFORMANCE INDICATOR 1: NEW OR REVISED POLICY/PROGRAM PROPOSALS ASSESS IMPACT ON THE LIVES OF PEOPLE WITH DISABILITIES PRIOR TO DECISION.

Performance measure:

Percentage of new or revised policy/program proposals that document that the impact of the proposal was considered prior to the decision-making stage.

Current level of performance 2005–06:

Relevant policies/programs are assessed for their impact on the lives of people with disability prior to decisions.

Areas of particular focus during the year include working towards developing the Disability Standards for Access to Premises and the implementation of the Government's response to the Productivity Commission review of the Disability Discrimination Act.

The Commonwealth Copyright Section (CCS) developed one major policy for 2005–06, being the whole-of-government intellectual property (IP) management framework. CCS assessed the impact of the IP Policy on people with disabilities during the development phase. This is documented on file.

The Government made a decision to introduce a new exception to the Copyright Act 1968, which allows for non-commercial uses of copyright material for the benefit of people with disabilities. The exception will permit a wider range of uses of copyright material by people with disabilities where that use does not conflict with the legitimate interests of copyright owners.

In formulating the proposed legislative amendments resulting from the Fair Use review, we assessed ways of improving access to copyright material by people with disabilities during the development phase, and also used feedback from community consultations and advice from peak bodies and other relevant organisations when assessing impact.

Goals and actions for 2006–07:

In consulting with government agencies prior to finalisation of the IP Manual, assess the adequacy of the IP Manual in alerting policy officers to the impacts of IP Policy on people with disabilities.

PERFORMANCE INDICATOR 2: PEOPLE WITH DISABILITIES ARE INCLUDED IN CONSULTATION ABOUT NEW OR REVISED POLICY/PROGRAM PROPOSALS.

Performance measure:

Percentage of consultations about new or revised policy/program proposals that are developed in consultation with people with disabilities.

Current level of performance 2005–06:

Significant opportunity has been provided to the disability sector in the context of developing Australia's negotiating position on the proposed UN Convention on Rights of People with Disabilities. In October–December 2005, and in the lead up to the seventh session of the UN's Ad Hoc Committee (which is negotiating the Convention), the Department and FaCSIA consulted relevant stakeholders including disability and human rights organisations. In November 2005, the Attorney-General approved a grant of $50,000 to the Australian Federation of Disability Organisations (AFDO) to assist towards the costs of conducting nation-wide consultation within the disability sector on the Chair's Text of the proposed Convention. The AFDO report informed the Australian delegation's negotiating position for the seventh session and will be of ongoing usefulness at subsequent sessions. During May and June 2006, and prior to the eighth session of the UN Ad Hoc Committee scheduled for August 2006, the Department and FaCSIA consulted again with the disability sector on an updated draft text of the Convention prepared by the Chair of the Ad Hoc Committee.

Representatives from the disability sector attended the Attorney-General's Non-Government Organisation Forum on Domestic Human Rights held in Canberra in June 2006.

Disability organisations were consulted on the new exception to the Copyright Act which will allow for non-commercial uses of copyright material for the benefit of people with disabilities.

Goals and actions for 2006–07:

There will be ongoing consultation with disability organisations on an exposure draft of the amendments to the Copyright Act.

PERFORMANCE INDICATOR 3: PUBLIC ANNOUNCEMENTS OF NEW, REVISED OR PROPOSED POLICY/PROGRAM INITIATIVES ARE AVAILABLE IN ACCESSIBLE FORMATS* FOR PEOPLE WITH DISABILITIES IN A TIMELY MANNER.

Performance measure:

Percentage of new, revised or proposed policy/program announcements available in a range of accessible formats.

Time taken in providing announcements in accessible formats.

Current level of performance 2005–06:

The Department endeavours to publish all new, revised and proposed policy/program announcements electronically in a minimum of two formats suitable for screen-readers.

The preferred formats for publishing are HTML and Microsoft Word.

Goals and actions for 2006–07:

The Department will continue to use formats suitable for screen readers in public announcements of new, revised or proposed policies and programs.

* Accessible formats include electronic formats such as ASCII (or .txt) files and html for the web. Non-electronic accessible formats include braille, audio cassette, large print and easy English. Other ways of making information accessible include video captioning and Auslan interpreters.

Appendix 11

Extradition, mutual assistance and criminal justice certificates

Extradition matters dealt with in 2005–06 or continuing as at 30 June 2006

EXTRADITION REQUESTS MADE BY AUSTRALIA

Requests carried forward from 2004–05 14
New requests made 13
Requests granted 8
Requests withdrawn 0
Requests refused 1
Requests otherwise discontinued 1
Requests continuing 17

The following countries granted Australian extradition requests:

Brazil 1
Hong Kong — Special Administrative Region of the People's Republic of China 1
United Kingdom 4
United States of America 2

The people surrendered to Australia were citizens of the following countries:

Australia 1
China 1
Nigeria 1
United Kingdom 4
United States 1

Note: Three of the above citizens were dual Australian citizens.

People were surrendered for the following major categories of offences:

Child sex 2
Drugs 2
Money Laundering 1
Murder 1
Perverting course of justice 2
Theft and/or Fraud 1

Note: In previous reporting years, Australia has requested the prosecution of people in foreign countries that refused Australian extradition requests for those people on the grounds of nationality. At 30 June 2006, one such case was continuing.

The following countries were still considering requests:

Canada 2
Greece 1
Lebanon 1
Malta 1
Malaysia 1
Mexico 1
United Kingdom 6
United States of America 4

EXTRADITION REQUESTS MADE TO AUSTRALIA

Requests carried forward from 2004–05 31
New requests received 21
Requests granted 11
Requests withdrawn 0
Requests refused by the Attorney-General 2
Requests refused by the Courts 0
Requests otherwise discontinued 2
Requests continuing 37

Australia granted extradition requests made by the following countries:

Germany 2
India 1
Singapore 1
United Kingdom 5
United States of America 2

The people surrendered by Australia were citizens of the following countries:

Australia 1
Germany 6
New Zealand 1
Taiwan 1
United Kingdom 6
United States of America 1

Note: Seven of the people surrendered consented to being returned to the requesting country.

Australia was still considering requests made by the following countries:

Algeria 1
Argentina 2
Belgium 1
Canada 1
Croatia 3
Germany 1
Greece 2 2
Hong Kong — Special Administrative Region of the People's Republic of China 1
Indonesia 2
Italy 2
Lebanon 2
Mexico 1
Poland 5
South Korea 1
Spain 1
Switzerland 1
United Kingdom 5
United States of America 5

People were surrendered for the following major categories of offences:

Child sex 4
Drugs 1
Murder 2
Theft and/or fraud 4

Note: Extradition requests vary considerably in complexity and the time it takes to resolve them. The complexity of an extradition request depends on the criminal offences and the criminal conduct underlying the offences. The time taken to resolve an extradition request can vary from a few years, if a fugitive wishes to contest extradition and exercise all appeals, to a few months if a fugitive consents to extradition.

Mutual assistance matters dealt with in 2005–06 or continuing as at 30 June 2006

MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS MADE BY AUSTRALIA

Requests carried forward from 2004–05 195
New requests made 167
Requests finalised* 94
Requests continuing 268

* Past annual reports have distinguished between 'requests executed' and 'requests otherwise completed'. From 2004–05, these two categories have been combined under the single heading of 'requests finalised'. This category includes all requests for which assistance is no longer sought, including requests completely executed, requests partially executed where the remainder of the assistance is no longer required, and requests withdrawn.

Requests by Australia for mutual assistance to the following countries were finalised in 2005–06:

Argentina 3
Belgium 1
Brazil 1
British Virgin Islands 1
Canada 2
Denmark 1
Ecuador 1
Germany 3
Greece 1
Hong Kong — Special Administrative Region of the People's Republic of China 8
Indonesia 1
Iran 1
Italy 3
Japan 1
Jersey 2
Lebanon 1
Macau — Special Administrative Region of the People's Republic of China 1
Malaysia 3
Netherlands 3
Netherlands Antilles 1
New Zealand 6
Norway 2
Pakistan 5
Peru 3
Philippines 1
Poland 1
Singapore 7
South Africa 1
South Korea 1
Switzerland 2
Thailand 2
United Kingdom 7
United States of America 14
Uruguay 1
Vanuatu 1
Vietnam 1

The types of assistance requested by Australia in finalised matters can be categorised as follows:*

Obtain bank/business/company records 24
Search and seizure 5
Take evidence procedures 12
Proceeds of crime (restraining and confiscation orders) 2
Other (obtain statement/conduct interview; obtain criminal records; obtain telecommunications records; obtain email records, service of documents etc) 51

* Only the primary type of assistance provided is listed.

MUTUAL ASSISTANCE IN CRIMINAL MATTERS REQUESTS MADE TO AUSTRALIA

Requests carried forward from 2004–05 176
New requests 228
Requests finalised* 159
Requests refused 0
Requests continuing 245

* Past annual reports have distinguished between 'requests executed' and 'requests otherwise completed'. From 2004–05, these two categories have been combined under the single heading of 'requests finalised'. This category includes all requests for which assistance is no longer sought, including requests completely executed, requests partially executed where the remainder of the assistance is no longer required, and requests withdrawn.

Australia finalised requests for mutual assistance in criminal matters from the following countries in 2005–06:

Austria 7
Belarus 1
Belgium 3
Burma/Myanmar 1
Croatia 3
Czech Republic 1
Denmark 1
Estonia 2
Finland 7
France 4
Germany 6
Greece 2
Hong Kong — Special Administrative Region of the People's Republic of China 2
Hungary 60
Israel 2
Italy 3
Latvia 1
Monaco 1
Netherlands 6
New Zealand 6
Poland 4
Portugal 2
Scotland 2
Serbia and Montenegro 1
Slovenia 1
Spain 1
Switzerland 11
Turkey 1
Ukraine 2
United Kingdom 10
United States of America 5

The types of assistance requested in mutual assistance requests to Australia can be categorised as follows:*

Obtain bank/business records 7
Take evidence 4
Search and seizure 4
Service of documents 100
Evidence collected in an Australian investigation 5
Other (obtain statement/conduct interview; obtain telecommunications records; obtain certificates of conviction, etc) 39

* Only the primary type of assistance provided is listed.

MUTUAL ASSISTANCE IN BUSINESS REGULATION REQUESTS MADE TO AUSTRALIA

Four requests (three from the United States of America and one from the United Kingdom) were received. One of these requests was executed under the Mutual Assistance in Business Regulation Act 1992 in the past financial year. The other three requests will be carried forward to the next financial year.

INTERNATIONAL WAR CRIMES

There was one new request for assistance from the International War Crimes Tribunal for the former Yugoslavia in The Hague during 2004–05. This request was finalised along with two requests carried forward from the previous year.

On request was received from the International Criminal Court. This request will be carried forward to the next financial year.

There were no cases on hand concerning the International War Crimes Tribunal for Rwanda or the Special Court for Sierra Leone.

Criminal justice certificates dealt with in 2005–06 or continuing as at 30 June 2006

CRIMINAL JUSTICE CERTIFICATES ISSUED

Commonwealth entrya 13
Commonwealth staya 76
Commonwealth trafficking stayb 7
State entry (endorsed)c 9

CRIMINAL JUSTICE CERTIFICATES CANCELLEDd

Commonwealth entry 12
Commonwealth stay 75
Commonwealth trafficking stay 5
State entry 15

Criminal justice certificates current as at 30 June 2006