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Annual Report 2007-08 Appendixes

Appendixes


Appendix 1 Reporting arrangements for the portfolio

Reporting requirements under the Act
Element Reporting arrangements
Solicitor-General A
Administrative Appeals Tribunal B
Administrative Review Council B
Australasian Centre for Policing Research C
Australian Commission for Law Enforcement Integrity B
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
Classification Board B
Classification Review Board B
Copyright Tribunal of Australia 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
High Court of Australia B
Human Rights and Equal Opportunity Commission B
Insolvency and Trustee Service Australia B & E
National Capital Authority B
National Crime Statistics Unit C
National Institute of Forensic Science C
National Native Title Tribunal B
Office of Parliamentary Counsel B
Office of the Director of Public Prosecutions B

Key:

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 paragraph 12(1)(d) of the Bankruptcy Act 1966 to report to Parliament on the operation of the Act.

Appendix 2 Changes to outcomes and outputs structure

The roles and functions of the Attorney-General’s Department have changed since the 2007–08 Budget due to the Administrative Arrangements Order (AAO) of 3 December 2007.

The administrative and policy functions transferred to the Department under the AAO and established under the new Outcome 3, assisting regions to manage their own futures, in the Department with effect from 24 January 2008 were:

Output 3.1: Administration of Territories—Jervis Bay Territory, the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island, the Coral Sea Island Territory, the Territory of Ashmore and Cartier Islands, and Commonwealth responsibilities on Norfolk Island, and the constitutional development of the Northern Territory and the Australian Capital Territory, and

Output 3.2: Natural disaster relief and mitigation in the form of financial assistance to States and Territories.

The policy and administrative functions transferred from the Department under the AAO with effect from 10 January 2008 were:

Output 1.3 (part): Privacy and freedom of information.

In addition, since the 2007–08 Budget, the functions and resources of the former Office of Film and Literature Classification were transferred to the Department (1 July 2007). The transfer of resources from the Department to the Australian Commission for Law Enforcement Integrity was completed. There has been no change to the performance information apart from price.

Appendix 3 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 Department’s statement is set out below, followed by those of the Copyright Tribunal, Solicitor-General and Defence Force Discipline Appeal Tribunal (none of which publishes its own Annual Report). 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 latest annual report to the Parliament on the operation of the FOI Act, which is available at www.pmc.gov.au/foi.

Attorney-General’s Department

Establishment

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

Organisation

The organisational chart (Figure 1, pages 10–11) shows the structure of the Department.

Functions

The broad functions of the Department are described in Chapter 3. 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, enable people or organisations outside the Commonwealth administration to be involved 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

Anti-Money Laundering Council

Attorney-General’s Non-Government Organisation Forum on Domestic Human Rights

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

Australia–New Zealand Crime Prevention Senior Officers’ Group

Australia and New Zealand Police Advisory Agency

Australian Bureau of Statistics

Australian Federation of Disability Organisations

Australian Institute of Criminology Board of Management

Australian Institute of Family Studies

Australasian Institute of Judicial Administration

Australian National Council on Drugs

Banking and Finance Infrastructure Assurance Advisory Group

Biannual Ministerial Meeting with Financial Institutions

Board of the Australian Crime Commission

Building Access Policy Committee

Business–Government Advisory Group on National Security

Critical Infrastructure Protection Futures Expert Advisory Group

Criminology Research Council

CrimTrac Board of Management

Critical Infrastructure Advisory Council

Emergency Management Infrastructure Assurance Advisory Group

Family Law Council

Family Relationship Services Australia

Firearms Policy Working Group

Intellectual Property Enforcement Consultative Group

Interception Consultative Committee

Intergovernmental Committee on Drugs

Intergovernmental Committee on the Australian Crime Commission

International Legal Services Advisory Council

Law Council of Australia

Law Enforcement Advisory Committee

Mass Gatherings Infrastructure Assurance Advisory Group

Model Criminal Law Officers Committee

National Aboriginal Justice Advisory Committee

National Alternative Dispute Resolution Advisory Council

National Committee for Critical Infrastructure Protection

National Corrective Services Statistics Unit Board and Advisory Group

National Crime Statistics Unit Board and Advisory Group

National Criminal Courts Statistics Unit Board and Advisory Group

National Drug Law Enforcement Research Fund

National Identity Security Coordination Group

National Judicial College of Australia

National Legal Aid

National Motor Vehicle Theft Reduction Council

National Peak Overseas Adoption Support Group

National Pro Bono Resource Centre

National Roundtable on People Trafficking

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

Native Title Consultative Forum

Personal Property Securities Review Consultative Group

Relationships Australia

Sporting Shooters and Firearms Advisory Council

Water Services Infrastructure Assurance Advisory Group

Categories of documents held by the Department

The following categories of documents are held by the Department:

  • internal administration papers and records, including working drafts, statistical records, copies of cables and facsimiles, and records relating to human and financial resource management
  • ministerial, interdepartmental and general correspondence and papers
  • policy documents, including guidelines, recommendations and decisions
  • requests for legal advice and copies or notes of advice given, and other legal documents
  • papers relating to new and amending legislation, drafting instructions and draft legislation
  • media releases
  • documents relating to royal commissions and inquiries (including grants)
  • copies of various public addresses, speeches and other statements, including those made by the Attorney-General, Ministers and departmental employees
  • briefing papers, discussion papers and submissions prepared for the Attorney-General, the Minister for Justice and Customs, the Minister for Home Affairs, and other bodies
  • documents relating to casework and program administration
  • copies of draft Cabinet documents, Cabinet submissions and associated briefs
  • documents relating to meetings (agenda, minutes and reports)
  • copies of questions in the Parliament and related replies
  • copies of documents prepared for the Executive Council
  • reports relating to research and investigations
  • tender documents
  • documents relating to the management of appointments, and
  • registers.

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.

Subject to certain exceptions, the FOI Act also 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:

The Director
Freedom of Information Section
Attorney-General’s Department
Robert Garran Offices
National Circuit
BARTON ACT 2600

Telephone: (02) 6250 5693
Facsimile: (02) 6250 5982

Copyright Tribunal of Australia

Establishment

The Copyright Tribunal of Australia 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:

  • to hear and determine applications for the granting of licences under licensing schemes
  • to arbitrate disputes in relation to the terms of existing and proposed licensing schemes to fix the amounts of royalties or equitable remuneration payable under compulsory licences, and
  • to make ancillary orders with respect to the operation of compulsory licensing schemes.

Categories of documents held by the Tribunal

The Tribunal maintains the following categories of documents:

  • documents relating to matters heard by, or applications or references to, the Tribunal, including applications and supporting documents and copies of decisions
  • a register of matters coming before the Tribunal
  • documents concerning administrative and financial aspects of the Tribunal’s operation
  • general correspondence
  • documents filed with the Tribunal, and
  • copies of the reasons of the Tribunal.

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 Registrar
Copyright Tribunal
Level 16
Law Courts Building
Queens Square
SYDNEY NSW 2000

Telephone: (02) 9230 8567
Facsimile: (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:

  • briefs, working notes, papers and advices for litigious and non-litigious matters
  • correspondence, reports and minutes relating to the Special Committee of Solicitors-General, and
  • miscellaneous papers, correspondence, and reports.
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

Telephone: (02) 6250 5693
Facsimile: (02) 6250 5982

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. The Registrar of the Tribunal is located in Melbourne.

Functions

Pursuant to the Defence Force Discipline Appeals Act 1955, the Tribunal can hear appeals as against conviction, prescribed acquittal and punishment in respect of prosecutions before the Australian Military Court. Further, pursuant to recent amendments to the Act, the Tribunal can also hear questions of law referred to it by the Director of Military Prosecutions.

Categories of documents held by the Tribunal

The Tribunal maintains the following categories of documents:

  • documents in respect of a particular proceeding, transcript of the hearing, the Tribunal’s reasons for the decision, the decision, and related general correspondence
  • documents concerning procedures before the Tribunal
  • documents concerning administrative and financial aspects of the Tribunal’s operation, and
  • general correspondence.

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)
Nigel Bowen Commonwealth Law Courts Building
Level 1, Childers Street
CANBERRA ACT 2600

Telephone: (02) 6267 0566
Facsimile: (02) 6267 0625

OR

Federal Court of Australia
Registry (VIC)
Owen Dixon Commonwealth Law Courts Building
Level 9, 305 William Street
MELBOURNE VIC 3000

Telephone: (03) 8600 3504
Facsimile: (03) 8600 3522

Appendix 4 Service charters

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

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 www.ag.gov.au. The TMRO charter can be viewed at www.ag.gov.au/tmro. All the Department’s charters are available to clients in hard copy.

The following table sets out the customer service standards contained in each charter and the extent to which they were met during 2007–08.

Table 10: Compliance with customer service standards 2007–08
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 were responded to within the stated timeframe of 28 days.
The Department investigated and finalised three formal complaints against it.
  Personal information used only in accordance with the law. Complied
  Work will be undertaken with care, diligence and sensitivity to the needs of clients. Complied
  Strong commitment to accountability and continuous improvement. Complied
  Clients will be treated with courtesy, fairness and respect. Complied
  Staff will act responsively to client needs. Complied
International Child Abduction, Child Support and Civil Procedure Reply within 28 days of receipt of complaint. Complied with in all cases but one. In that case the time frame was not complied with as the matter was before the court.
  Personal information used only in accordance with the law. Complied
  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. Complied with in all cases but one. In that case the time frame was not complied with as the matter was before the court.
  Subject to caseload priorities, staff will act promptly for clients. Complied
  Clients will be treated with courtesy, fairness and respect. Complied
  Clients will be referred to the appropriate body if staff cannot help. Complied
Trade Measures Review Officer (TMRO) Professional and independent TMRO, ensuring that reviews are conducted in a timely, accurate and fair manner. No complaints were received against the TMRO
  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 newspaper.
  Personal information used only in accordance with the law. Complied
  Provision of accurate, concise and well considered responses in plain English to written correspondence. Complied
  Generally, a written reply within 28 days of receiving the client’s letter will be provided. Alternatively, an interim response outlining the delay and when the client can expect a response will be provided. Complied
  Correspondence will include the name and telephone number of the TMRO. Complied

Clients of the Department and those of the ICACSCP and TMRO can make a complaint or provide feedback in writing, via email, by telephone or in person. Staff of the Department, whenever 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:

  • the Division and officer receiving the complaint
  • the date of the complaint
  • the complainant’s name, address and contact number
  • how the complaint was made
  • the resolution/decision
  • how the complainant was notified of the resolution/decision and date
  • review of the decision (if required)
  • decision/comments/remedial action
  • reviewing officer’s name and title, and
  • appeal rights advised (yes/no).

Appendix 5 Consultancy services

Policy on selection and engagement of consultants

Contracting for a consultancy service is a prominent activity no different in principle from the procurement of other property and services. The requirements of the Commonwealth Procurement Guidelines and the Chief Executive’s Instructions are relevant. Additionally, departmental CEI’s states that the agreement of the Secretary is required for all consultancies of $20,000 or more.

Consultancy services are assessed by determining whether the services meet the criteria of a consultancy as set out in the Department of Finance and Deregulation’s Financial Management Guidance No.15. The assessment process distinguishes between consultancy and non-consultancy contracts, taking into account their respective characteristics. These characteristics represent an amalgam of those commonly exhibited across the diverse range of consultancy and non-consultancy arrangements.

In considering these characteristics, the Department focused on the following two questions, to determine the nature of the agreement:

  • Do the services involve the development of an intellectual output that assists with agency-decision making? and
  • Will the output reflect the independent views of the service provider?

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 11.

Summary statement

During 2007–08, 34 new consultancy contracts were entered into, involving total actual expenditure of $882,418. In addition, 15 ongoing consultancy contracts were active during the year involving total actual expenditure of $675,137.

Table 11: Consultancy services let during 2007–08 to the value of $10,000 or more
Consultant name Description Contract price ($) Selection process1 Justification2
A S Blunn Review of the Legislative Instruments Act 2003 33,000 Direct sourcing C
Analytics Group Pty Ltd Review of National Counter-Terrorism Committee Special Fund 12,100 Direct sourcing A
Broadleaf Capital International Pty Ltd Risk assessment of the Prevention, Diversion, Rehabilitation and Restorative Justice Program and its administration 20,405 Direct sourcing B
Courage Partners Pty Ltd Review of performance reporting in the Department 10,780 Direct sourcing C
CPT Global Limited Conduct Gate 5 of the AusCheck gateway review 35,758 Direct sourcing B,C
Cultural Partners Australia (NSW) Pty Ltd Provide cultural advice on the appropriateness of the mainstream campaign and the translation of the campaign creative materials for phase 3 of the National Security Campaign 132,000 Select tender B
Des Semple & Associates Review of the delivery of family law services 33,000 Direct sourcing A
Des Semple & Associates Review funding of Family Court of Western Australia 33,000 Direct sourcing A
Dr Theodor Krauthammer Peer review, modelling and simulation testing 50,000 Direct sourcing B
Galaxy DP Pty Ltd Conduct independent market research on classification and community standards 79,585 Direct sourcing C
Insight SRC Pty Ltd Conduct the Departmental Staff Survey 2008 90,420 Direct sourcing B
Jakeman Business Solutions Pty Ltd Develop an Operational Response Capability Sub-Committee Interim Training Framework 19,800 Select tender B
John Walker Crime Trends Analysis Review of Indigenous Legal Aid Program—Funding Allocation Model 16,000 Direct sourcing B
KPMG Conduct a threat risk assessment 23,587 Panel B
KPMG Conduct a threat risk assessment 17,905 Panel B
KPMG Conduct an environment vulnerability assessment 15,950 Panel B
KPMG Conduct a threat risk assessment 21,750 Panel B
Malcolm S Pascoe Develop, explain and refine funding model for distribution of Commonwealth Community Legal Services Program funds and update Legal Aid funding distribution model 75,490 Direct sourcing B
MAXimusSolutions Australia Review of financial management framework program 22,275 Panel C
Monash University Literature Review: Older children, children with special needs, and intercountry adoption 1990 to present 10,000 Direct sourcing B
Oakton AA Services Pty Ltd Provide an ICT security threat and risk assessment for the National Document Verification Service 52,206 Panel B
Oakton AA Services Pty Ltd Provide advice relating to the recommendations for the ICT security threat and risk assessment for the National Document Verification Service 112,284 Panel B
Oakton AA Services Pty Ltd Provide advice relating to the recommendations for the ICT security threat and risk assessment for the National Document Verification Service 133,305 Panel B
Peter Ford Consultancy Pty Ltd Select legal opinions provided to the Commonwealth between 1923 and 1945, suitable for publication as containing continuing legal and/or historical interest 11,000 Direct sourcing B
Planning for People Pty Ltd Provide Tourism Master Plan for Christmas Island 17,600 Direct sourcing B
Professor Chris Cunneen Review of Indigenous Legal Aid research paper 10,000 Direct sourcing C
Quality Management Solutions Conduct a departmental internal investigation 19,000 Direct sourcing C
RTO Strategic Development Solutions Redevelop Emergency Management Australia Education and Training Evaluation System 20,446 Open tender B
Salinger Consulting Pty Ltd Conduct a privacy impact assessment for the AusCheck scheme 31,416 Direct sourcing B,C
Stratsec.Net Pty Ltd IT security review of Network Operations Centre 12,342 Direct sourcing B
Stratsec.Net Pty Ltd IT security review of 3–5 National Circuit Barton 19,602 Direct sourcing B
Success Works Pty Ltd Conduct a risk assessment of the Family Violence Prevention Legal Service and its administration 80,000 Direct sourcing B
The University of Queensland Review and update of the Rehabilitation of Mined Land Task register for Christmas Island 108,185 Direct sourcing B
Urbis Pty Ltd Conduct a demographic survey of the Indian Ocean Territories 79,268 Open tender B
  • 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.

  • 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 6 Advertising and market research

Under section 311A of the Commonwealth Electoral Act 1918 the Department is required to disclose payments of $10,500 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 2007–08 to direct mail organisations or polling organisations. Details of payments to the other categories of organisations are set out below.

Table 12: Payments to advertising, market research and other designated organisations
Name of organisation Payment ($) Purpose Key
Adcorp Australia Limited 22,396 Non-campaign government advertising C
Gatecrasher Advertising Pty Ltd 41,120 Advertising for community education campaign of family law reforms A
HMA Blaze 459,770 Non-campaign government advertising C
Open Mind Research Group 61,435 Market research for anti-money laundering and counter-terrorism campaign development B
Universal McCann 218,076 Media for bushfire awareness campaign C
Di Marzio Research 155,320 Market research for National Security Campaign B
Publicis Mojo 436,050 Advertising production for National Security Campaign A
Universal McCann 11,978,578 Media buy for the National Security Campaign C
Colmar Brunton Social Research Pty Ltd 66,005 Communications research testing effective wording and delivery of emergency warnings for culturally and linguistically diverse and remote indigenous communities, including for tsunami B

Key:

A Paid to a creative advertising agency to develop advertising campaign

B Paid to a market research organisation

C Paid to a media advertising organisation for placing government advertising (both campaign and non-campaign) in the media

Appendix 7 Legal services expenditure

All departments and agencies are 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 2007–08 is set out below, along with the previous year’s data for comparison.

All expenditure figures include GST.

Table 13: Legal services expenditure for 2007–08
  2006–07 2007–08
Total legal services expenditure1 $8,240,262 $9,652,441
Total external legal services expenditure2 $7,048,838 $9,011,918
External expenditure on solicitors $5,672,721 $7,640,940
External expenditure on counsel $1,376,117 $1,370,978
Number of male counsel briefed 26 37
Value of briefs to male counsel $894,253 $993,148
Number of female counsel briefed 12 18
Value of briefs to female counsel $481,864 $377,830
Internal legal services expenditure3 $1,191,424 $640,523
  1. Increased expenditure in 2007–08 related primarily to the handling of particularly complex and significant constitutional and extradition litigation, and new Departmental responsibility for administration of the Territories (after the change to the Administrative Arrangements Orders, which took effect on 3 December 2007).
  2. These figures exclude amounts of legal services expenditure relating to the Hague Convention on the Civil Aspects of International Child Abduction, 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 because the Department pays for legal services that benefit other parties as a result of obligations under international agreements.

    These figures do not include expenditure related to the Clarke Inquiry into the case of Dr Mohamed Haneef.

  3. 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 and the Office of Legislative Drafting and Publishing. 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 of expenditure are not kept. Such 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 APS Level 3, 0.75 Legal Officer (0.5 in 2006–07), 1.0 Senior Legal Officer, 0.75 Principal Legal Officer (0.5 in 2006–07) and 0.5 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, 0.4 of a Principal Legal Officer and 0.1 of an SES Officer. 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 is 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 the Department’s internal legal services expenditure was approximately $0.641 million 2007–08 and $1.191 million in 2006–07.

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

Appendix 8 Staffing profile

The tables on the following pages show staffing details for the Department at 30 June 2007 and at 30 June 2008 by each classification level.

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 2008
  Gender ACT NSW Vic Qld SA WA NT Total
APS Level 1–2 Female 15.56 0 0 0 0 1.00 0 16.56
Male 11.02 0 2.00 0 0 0 0 13.02
Graduate Female 42.00 0 0 0 0 0 0 42.00
Male 13.00 0 0 0 0 0 0 13.00
APS Level 3 Female 77.00 3.00 3.83 0 0 0.80 0 84.63
Male 17.29 1.00 2.00 0 0 0 0 20.29
APS Level 3–4 Female 3.00 1.00 1.00 0 0 0 0 5.00
Male 5.00 0 0 0 0 0 0 5.00
APS Level 4 Female 84.24 6.00 0 0 0 0 0 90.24
Male 24.80 2.00 0 0 0 0 0 26.80
APS Level 4–5 Female 7.00 0 0 0 0 0 0 7.00
Male 13.00 0 1.00 0 0 0 0 14.00
APS Level 5 Female 97.32 3.00 3.60 0 0 0 1.00 104.92
Male 32.45 2.00 1.00 0 0 0 0 35.45
APS Level 5–6 Female 16.40 0 0 0 0 0 0 16.40
Male 15.90 0 0 0 0 0 0 15.90
APS Level 6 Female 124.83 3.00 9.03 0 1.00 1.00 1.00 139.86
Male 50.00 9.00 2.00 0 0 4.00 0 65.00
Legal Officer Female 62.73 0 0 0 0 0 0 62.73
Male 26.00 0 0 0 0 0 0 26.00
Executive Level 1 Female 143.65 2.52 5.00 1.00 0 1.00 1.85 155.02
Male 112.39 2.00 6.00 1.00 2.00 3.00 0 126.39
Senior Legal Officer Female 74.15 0 0 0 0 0 0 74.15
Male 28.00 0 0 0 0 0 0 28.00
Executive Level 2 Female 44.49 1.00 1.00 0 0 0 0 46.49
Male 64.00 2.00 1.00 0 0 1.00 0 68.00
Principal Legal Officer Female 54.95 0 0 0 0 0 0 54.95
Male 29.80 0 0 0 0 0 0 29.80
SES Band 1 Female 27.30 1.00 0 0 0 0 0 28.30
Male 30.00 0 0 0 0 0 0 30.00
SES Band 2 Female 8.00 0 0 0 0 0 0 8.00
Male 9.00 0 0 0 0 0 0 9.00
SES Band 3 Female 0 0 0 0 0 0 0 0
Male 2.00 0 0 0 0 0 0 2.00
Total Female 882.62 20.52 23.46 1.00 1.00 3.80 3.85 936.25
Male 483.65 18.00 15.00 1.00 2.00 8.00 0 527.65
Table 15: 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 2007
  Gender ACT NSW Vic Qld SA WA NT Total
APS Level 1–2 Female 12.05 0 0 0 0 0 0 12.05
Male 11.32 0 0 0 0 2.00 0 13.32
Graduate Female 24.00 0 0 0 0 0 0 24.00
Male 10.00 0 0 0 0 0 0 10.00
APS Level 3 Female 68.78 0 0 0 0 6.00 0 74.78
Male 14.00 0 0 0 0 1.00 0 15.00
APS Level 3–4 Female 4.00 0 0 0 0 1.00 0 5.00
Male 4.00 0 0 0 0 0 0 4.00
APS Level 4 Female 76.69 1.00 0 0 0 0 0 77.69
Male 30.68 0 0 0 0 0 0 30.68
APS Level 4–5 Female 6.00 0 0 0 0 1.00 0 7.00
Male 8.00 0 0 0 0 0 0 8.00
APS Level 5 Female 89.22 0 0 0 1.00 3.6 0 93.82
Male 21.90 0 0 0 1.00 2.00 0 24.90
APS Level 5–6 Female 12.00 0 0 0 0 0 0 12.00
Male 11.50 0 0 0 0 0 0 11.50
APS Level 6 Female 92.60 2.00 0 0 0 7.03 0 101.63
Male 52.00 1.00 0 1.00 0 3.0 1.00 58.00
Legal Officer Female 76.64 0 0 0 0 0 0 76.64
Male 27.00 0 0 0 0 0 0 27.00
Executive Level 1 Female 108.92 3.00 2.00 1.00 0 7.00 0 121.92
Male 108.75 3.00 0 1.00 2.00 6.00 1.00 121.75
Senior Legal Officer Female 63.38 0 0 0 0 0 0 63.38
Male 24.00 0 0 0 0 0 0 24.00
Executive Level 2 Female 38.89 1.00 0 1.00 0 1.00 0 41.89
Male 54.00 0 0 0 0 1.00 0 55.00
Principal Legal Officer Female 44.76 0 0 0 0 0 0 44.76
Male 28.50 0 0 0 0 0 0 28.50
SES Band 1 Female 22.44 0 0 0 0 0 0 22.44
Male 31.00 0 0 0 0 0 0 31.00
SES Band 2 Female 11.00 0 0 0 0 0 0 11.00
Male 10.00 1.00 0 0 0 0 0 11.00
SES Band 3 Female 0 0 0 0 0 0 0 0
Male 4.00 0 0 0 0 0 0 4.00
Total Female 751.37 7.00 2.00 2.00 1.00 26.63 0.00 790.00
Male 450.65 5.00 0.00 2.00 3.00 15.00 2.00 477.65
Table 16: Staffing by classification, gender, employment category and employment status—paid staff (head count) as at 30 June 2008
  Gender Ongoing   Non-ongoing Total
Full-time Part-time Full-time Part-time
APS Level 1–2 Female 6 2 7 5 20
Male 8 2 2 4 16
Graduate Female 42 0 0 0 42
Male 13 0 0 0 13
APS Level 3 Female 47 8 29 4 88
Male 11 0 9 1 21
APS Level 3–4 Female 4 0 1 0 5
Male 5 0 0 0 5
APS Level 4 Female 66 7 19 0 92
Male 17 1 9 0 27
APS Level 4–5 Female 5 0 2 0 7
Male 12 0 2 0 14
APS Level 5 Female 95 8 4 1 108
Male 32 0 3 1 36
APS Level 5–6 Female 15 1 1 0 17
Male 13 2 2 0 17
APS Level 6 Female 125 10 7 0 142
Male 62 0 3 0 65
Legal Officer Female 56 3 5 0 64
Male 19 0   7 0 26
Executive Level 1 Female 136 21 3 1 161
Male 122 2 2 0 126
Senior Legal Officer Female 65 13 1 0 79
Male 26 1 1 0 28
Executive Level 2 Female 43 2 1 1 47
Male 65 0 3 0 68
Principal Legal Officer Female 45 13 0 1 59
Male 25 1 4 0 30
SES Band 1 Female 26 3 0 0 29
Male 29 0 1 0 30
SES Band 2 Female 7 0 1 0 8
Male 9 0 0 0 9
SES Band 3 Female 0 0 0 0 0
Male 2 0   0 0 2
Total Female 783 91   81 13 968
Male 470 9   48 6 533
Table 17: Staffing by classification, gender, employment category and employment status—paid staff (head count) as at 30 June 2007
Gender Ongoing Non-ongoing Total
Full-time Part-time Full-time Part-time
APS Level 1–2 Female 7 3 3 1 14
Male 12 1 1 0 14
Graduate Female 24 0 0 0 24
Male 10 0 0 0 10
APS Level 3 Female 45 4 26 1 76
Male 10 0 5 0 15
APS Level 3–4 Female 3 0 2 0 5
Male 2 0 2 0 4
APS Level 4 Female 53 3 21 2 79
Male 17 2 12 0 31
APS Level 4–5 Female 7 0 0 0 7
Male 8 0 0 0 8
APS Level 5 Female 74 9 13 2 98
Male 20 0 4 1 25
APS Level 5–6 Female 12 0 0 0 12
Male 9 1 2 0 12
APS Level 6 Female 88 6 10 0 104
Male 51 0 7 0 58
Legal Officer Female 64 0 11 3 78
Male 25 0 2 0 27
Executive Level 1 Female 102 15 8 1 126
Male 114 1 6 1 122
Senior Legal Officer Female 56 9 2 0 67
Male 24 0 0 0 24
Executive Level 2 Female 37 4 2 0 43
Male 53 0 2 0 55
Principal Legal Officer Female 38 9 0 1 48
Male 23 3 3 0 29
SES Band 1 Female 21 1 1 0 23
Male 30 0 1 0 31
SES Band 2 Female 10 0 1 0 11
Male 11 0 0 0 11
SES Band 3 Female 0 0 0 0 0
Male 4 0 0 0 4
Total Female 641 63 100 11 815
Male 423 8 47 2 480

Appendix 9 Staff achievements

The Department values and fosters a work environment of achievement, and recognises individuals and teams who have demonstrated excellence in achieving outcomes above and beyond expectations. To acknowledge and show appreciation for the outstanding contributions of staff, the Department has in place both formal awards and informal mechanisms that distinguish and support good performance.

Individuals and teams were recognised for their outstanding professional contribution in 2007–08. The Secretary commended the recipients for their role in highlighting the Department’s excellent work and in being a source of inspiration to other staff.

The departmental awards are:

  • Secretary’s Award
  • Deputy Secretaries’ and General Managers’ Awards
  • Australia Day Achievement Awards, and
  • Academic Achievement Award.

Individual divisions administer less formal recognition awards within the Department. A number of these awards were presented during this reporting period.

The recipients of awards for 2007–08 and their noteworthy achievements follow.

Public Service Medal

John Boersig, Assistant Secretary, Indigenous Law and Justice Branch, was awarded the Public Service Medal in the Queen’s Birthday Honours announced on 9 June 2008. The award was for outstanding public service in the delivery of law and justice services to Indigenous Australians.

Sue Pidgeon, Assistant Secretary, Family Pathways Branch, was awarded the Public Service Medal in the Australia Day Honours announced on 26 January 2008. The award was for outstanding service in the development and implementation of a range of government-funded services (in particular, Family Relationship Centres across Australia) that assist families build stronger relationships or assist those who are affected by family separation.

Secretary’s Award 2007

Bronwyn Young—in recognition of outstanding effort and dedication to ensuring that speeches for the Attorney-General, the Ministers and the Department are delivered on time and written to a consistently high standard.

Deputy Secretaries’ Awards 2007

National Security and Criminal Justice Group

Alex Webling and Patrick Drake-Brockman—for superior achievement in coordinating the review of the E-security National Agenda and for excellence in building a consensus in support of a strong funding base and a lead agency role for the Attorney-General’s Department.

Civil Justice and Legal Services Group

Julie Atwell—in recognition of her outstanding work in developing new international legal instruments to address emerging threats to civil aviation, and as Special Rapporteur to a Special Subcommittee of the International Civil Aviation Organization on that matter.

Joanna Weller—in recognition of her outstanding work in organising the Asia–Pacific Regional Meeting on the work of the Hague Conference on Private International Law, held in Sydney in June 2007.

General Managers’ Awards 2007

Jenny Buchan—in recognition of her significant leadership, particularly in project governance of the financial management framework program and her contribution to the achievement of significant outcomes for the Department’s internal financial management framework.

Lynne McDonald—in recognition of her outstanding and dedicated performance in managing OH&S and rehabilitation issues for the Department.

Australia Day Achievement Awards

James Allen, Amy Chang, Katrina Locke, David O’Brien, Sarah Orton, and Steve Sanders, Financial Services Group and Classification, Legal Services and Native Title Division—for planning and delivering outcomes to achieve the successful financial integration of the Office of Film and Literature Classification into the Department.

Lucinda Atkinson, Counter-Terrorism, Strategic Policy Unit—for efficient, cooperative, unfailingly polite management of the Group’s incoming government briefing arrangements.

Nils Baumgartner, Colin Minihan, and Wanni Teo, Information Law Branch—for the professional and successful organisation and conduct of the data protection seminars run in conjunction with APEC 2007.

Jodie Bijorac, Secure Services Branch—for exceptional management in delivering Stage 1 of the Secure Gateway Project.

Matthew Branford, Frances Brown, Trevor Given, Bronwyn Leslie and Sue Walker, AusCheck Implementation Team—for demonstrating high levels of professionalism and commitment in implementing the AusCheck service.

Anne Burr, Carolyn McLachlan, and Eve Wilson, Payroll Team—for excellent performance in managing the transition of the administration of employment conditions and payroll function from the Office of Film and Literature Classification to the Attorney-General’s Department.

Shannon Cuthbertson, Susanna Ford, Ashleigh McDonald , Lisa O’Connell, and Tracey Smith, Mutual Assistance and Extradition Branch—for professional and diligent work on three significant extradition cases in 2007.

Meg Dixon-Child, Mark Godfrey, Tim Hainsworth, Tony Pead, and Sally Webster, Annual Report Production Team—for dedication and commitment in producing the Department’s Annual Report 2006–07.

Kathleen Falko, Jing-Ting Chan, Susie Davis, Ingrid Nemeth, Ruvani Panagoda, and Samantha Patterson, Intercountry Adoption Branch—for outstanding work and dedication to the continuing implementation of the Overseas Adoption in Australia report recommendations.

Catherine Fitch, Rebecca Godfrey, and Szabina Horvath, Northern Territory Emergency Response Team—for their effective efforts in coordinating the Department’s involvement in the response.

Vicky Green, Information and Communications Technology Branch—for leadership, professionalism and dedication in providing information and communications technology services to the whole-of-government initiative Continuity of Government.

Rachael Jackson, Ministerial and Parliamentary Services—for dedication and commitment in producing the incoming government brief 2007.

Joan Jardine, Sabrena King, Simone Marks, Wendy Spicer, and Philippa Vickery, Community Legal Services Program team—for outstanding work in completing the 2007 Review of the Community Legal Services Program.

Glenda Kelly, Family Pathways Branch—for effective and timely implementation of the Family Dispute Resolution Register.

Kerin Leonard and Roxane Nolan, Office of International Law—for professionalism and dedication to improving Australia’s reporting under human rights treaties.

Raewyn Miners and Neil Price, Telecommunications and Surveillance Law Branch—for demonstrated high levels of professionalism and commitment in the successful development and hosting of the National Telecommunications Conference 2007.

Katherine Reimers, Executive Adviser to the Secretary—for achieving excellence in the discharge of her duties as Executive Adviser to the Secretary.

Dane Varkevisser, Information Law and Human Rights Division—for a professional response to the demands of preparing the statistics for the 2006–07 FOI Annual Report.

Andrew Warnes, Mutual Assistance and Extradition Branch—for leadership and dedication in the development of the Mutual Assistance and Extradition (MAX) Database.

Academic Achievement Awards 2008

Kathleen Falko, Intercountry Adoption Branch—for outstanding academic and work achievements. Kathleen’s achievements, which include a Master of Law, are a model of excellence for the Department in its pursuit of the highest quality outcomes.

Sara Goldsworthy, National Security Policy Branch—for outstanding academic and work achievements. Sara’s achievements, which include a Master of Arts in International Relations (honours) provide a model of excellence for the Department in its pursuit of the highest quality outcomes.

Other awards

Kathy Hilgert, Emergency Management Australia (Mount Macedon, Victoria)—received the Attorney-General’s Department’s Women’s Network Award 2007–08 for her role in achieving exceptional outcomes for the Department, including through her involvement in the Department’s Business Managers’ Forum and participation on cross-divisional tender panels. Kathy is also recognised for her significant work in raising staff morale, mentoring her team and defending the interests of others in the workplace.

Heather Moss, Assistant Manager, Protective Security Coordination Centre—received the Attorney General’s Department’s Women’s Network Award 2007–08 for her key role in supporting the shift in how counter-terrorism capability is considered and developed across Australia and for the strong support she gives to her colleagues, both professionally and personally.

Appendix 10 Occupational health and safety

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

The Department has a number of written Health and Safety Management Arrangements, as required under section 16 of the OH&S Act. These policy documents, together with a range of topic-specific health and safety Employee Relation Advices, are available to employees electronically through the Department’s intranet and are promoted in HR Matters, the newsletter produced by the Human Resources Branch.

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

The Health and Safety Committee met half yearly, and the minutes of its meetings were made available to employees via the Department’s intranet. Ten new health and safety representatives were appointed to the Committee in 2007–08.

Reporting requirements under the OH&S Act

Section 68 occurrences
(Notification and reporting of accidents and dangerous occurrences)
There were 10 notifications under s 68 of the OH&S Act.
Section 45 directions
(Power to direct that workplace, etc not be disturbed)
No directions were given to the Department under s 45 of the OH&S Act.
Section 29 notices
(Provisional improvement notices)
No notices were issued under s 29 of the OH&S Act.
Section 30 notices
(Duties of employers in relation to health and safety representatives)
No notices were issued under s 30 of the OH&S Act.
Section 41 investigations
(Investigations addressing compliance and possible breaches)
No notices were issued under s 41 of the OH&S Act.
Section 46 notices
(Power to issue prohibition notices)
No notices were issued under s 46 of the OH&S Act.
Section 47 notices
(Power to issue improvement notices)
No notices were issued under s 47 of the OH&S Act

Outcomes for 2007–08

The Department continued to conduct regular workplace inspections during 2007–08. Reports were provided to division heads outlining recommendations and improvements. There was continued improvement across the Department, with divisions displaying an ongoing commitment to eliminating OH&S hazards. Employees’ awareness of OH&S has increased, resulting in improved prevention of, and early intervention for, workplace injuries and illnesses.

Major activities completed in 2007–08 included:

  • Health and Safety Management Arrangements: HSMAs were developed, implemented and revised as required under s 16 of the OH&S Act. In addition, the Department has reviewed 50 per cent of the OH&S policies and procedures and plans to review the remaining 50 per cent in the first half of 2008–09.
  • OH&S inspections: As part of the OH&S risk management program, regular workplace safety inspections were undertaken to ensure compliance with legislation and to identify areas for improvement.
  • OH&S training and induction: Monthly OH&S induction programs for new starters were held. Those sessions cover the Health and Safety Management Arrangements, the Employee Assistance Program, the Department’s health and wellbeing programs, incident and accident reporting and workstation assessments. Accredited training for health and safety representatives, first aid officers and fire wardens was also provided.
  • Comcare Premium: We received a bonus of $118,491 from the 2007–08 premium due to ongoing improvements with injury prevention and management, incident reporting, risk management and safety training.
  • Employee Assistance Program: The Department continued to fund the Employee Assistance Program that provides employees with free, confidential and professional counselling services to assist with resolving work and other issues that may impact on their work performance.

Appendix 11 Commonwealth Disability Strategy

Policy adviser role

Performance indicator # 1
Performance indicator Performance measure Current level of performance 2007–08 Goals for 2008–09 Actions for 2008–09
New or revised policy/program proposals assess impact on the lives of people with disabilities prior to decision. Percentage of new or revised policy/program proposals that document that the impact of the proposal was considered prior to the decision making stage. The review of the Commonwealth Community Legal Services Program (CLSP) was released for consultation purposes. The review allowed the impact of any proposals which may affect people with disabilities to be considered by the Disability Discrimination Act Legal Service providers funded under the Program.
Performance measure=100%
Any proposed changes to the CLSP arising from the review will consider the impact on people with disabilities prior to implementation. Continue ongoing consultation on the review to ensure that any impact of proposals on people with disabilities are identified.
The Human Rights Branch continued to play a significant role in providing policy advice to assist in ensuring that departmental and government initiatives, legislation, policies and programs promote access, accommodate the needs of people with disabilities and do not discriminate against people with disabilities, and also that consultation occurs, where possible, directly with people with disabilities.    
Performance indicator # 2
Performance indicator Performance measure Current level of performance 2007–08 Goals for 2008–09 Actions for 2008–09
People with disabilities are included in consultation about new or revised policy/program proposals Percentage of consultations about new or revised policy/program proposals that are developed in consultation with people with disabilities. Disability representatives attended the second meeting of the National Forum on Emergency Warnings to the Community and participated in discussions on issues affecting them directly in relation to emergency alerts and warnings. To continue to share information and promote ’best effort’ as the means of improving the dissemination of emergency alerts and warnings to the community, particularly to those with disabilities. Increase disability sector representation and provide hearing loops, and Auslan interpreters, at meetings.
Highlight the needs of people with disabilities in formal papers on the dissemination of emergency warnings to the community.
Foster networks between emergency management and disability sectors, and promote the needs of people with disabilities at relevant conferences and meetings on emergency alerts and warnings.
The review of the Commonwealth Community Legal Services Program included input, through the National Association of Community Legal Centres, from community legal centres specialising in the provision of Disability Discrimination Act Legal Services to the community.
Performance Measure=100%
Consultation plans are developed taking account of the need to include community legal centres providing services to people with disabilities. Any consultations on new or revised policy/program proposals will include community legal centres providing services to people with disabilities.
Disability groups have also been invited to make submissions to and have been consulted by the five-year review of the Transport Standards, being conducted by Allen Consulting. The report of the review will be submitted to the Attorney-General and the Minister for Infrastructure, Transport, Regional Development and Local Government in the coming year.
Representatives from disability peak groups were among the 36 NGOs that attended the 16th Attorney-General’s NGO Forum on Domestic Human Rights held in Canberra on 10 June 2008.
UN Disabilities Convention
The Department’s work on the United Nations Convention on the Rights of Persons with Disabilities involved comprehensive consultations with the disability sector.
Following active participation during the negotiations of the text of the Convention, the disability sector played a central role in Australia’s ratification process. From January to March 2008, the Department consulted the disability sector, along with other NGOs, industry stakeholders and the broader community, on how ratification of the Convention will impact on Australia. That consultation informed a National Interest Analysis that recommended ratification and which was tabled in Parliament on 4 June 2008.
   
Performance indicator # 3
Performance indicator Performance measure Current level of performance 2007–08 Goals for 2008–09 Actions for 2008–09
Public announcements of new, revised or proposed policy/program initiatives are available in accessible formats* for people with disabilities in a timely manner. Percentage of new, revised or proposed policy/program announcements available in a range of accessible formats. 100% of announcements made by the Family Pathways Branch were made available in summary form in accessible electronic formats, including html. 25% of announcements to be made available in at least one accessible non-electronic format.
100% of people requesting information in accessible non-electronic formats will be advised of the expected delivery date of their preferred format within 14 days of the request.
As part of its Family Relationship Services Program communication activities, Family Pathways Branch will develop and put in place guidelines for producing materials for the program in non-electronic accessible formats.
The report of the review of the Commonwealth Community Legal Services Program is available in hard copy and on the internet.
Performance measure for electronic formats=100%
Appropriate publication formats to be considered on a case-by-case basis, taking into account the target audience. In the event that any publications are developed, consideration is given to releasing these in formats suitable to the target audience.
The Department ensured that the consultation and announcements relating to the UN Disabilities Convention were available in accessible electronic formats, and provided contact details to ensure that further adjustments could be requested. The consultation documentation also included a plain English version of the Convention.
The Department also ensured that its annual NGO Human Rights Forum is accessible to promote maximum stakeholder engagement, offering sign language interpreters and hearing loops, and providing ramps.
   
Time taken in providing announcements in accessible formats. No publications were made available in non-electronic accessible formats
Braille (p.m. = 0%)
Audio cassette (p.m. = 0%)
Large print (p.m. = 0%)
No public announcements included Auslan interpreters (p.m. = 0%)
No requests were received for alternative formats.
   

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

Appendix 12 Extradition and mutual assistance

Extradition matters dealt with in 2007–08 or continuing as at 30 June 2008

Extradition requests made by Australia
  2007–08
Requests carried forward 25
New requests made 15
Requests granted 14
Requests withdrawn 1
Requests refused 0
Requests otherwise discontinued 3
Requests continuing 22
The following countries granted Australian extradition requests:
Country Number
Canada 1
Costa Rica 1
Cuba 1
Greece 1
Malta 1
Thailand 2
United Kingdom 2
United States of America 5
The people surrendered to Australia were citizens of the following countries:
Country Number
Australia 8
Costa Rica 1
Indonesia 1
Iraq 1
Lebanon 1
Malta 1
People’s Republic of China 1
South Africa 1
United Kingdom 1
United States of America 1
Note: Three of the above citizens were dual Australian citizens
People were surrendered for the following major categories of offences:
Child sex offences 1
Drugs 4
Assault 1
Murder 3
Theft and/or fraud 2
People smuggling 1
Company offences 3
The people surrendered to Australia were citizens of the following countries:
Country Number
Canada 2
India 1
Indonesia 3
Malaysia 1
Mexico 1
Netherlands 1
Philippines 1
South Africa 1
South Korea 3
Thailand 1
United Kingdom 3
United States of America 3
Vietnam 1
Extradition requests made to Australia
  2007–08
Requests carried forward 45
New requests received 12
Requests granted 9
Requests withdrawn 2
Requests refused by the Attorney-General 1
Requests refused by the courts 0
Requests otherwise discontinued 4
Requests continuing 41
Australia granted extradition requests made by the following countries:
Country Number
Belgium 1
Croatia 1
Germany 1
United Kingdom 3
United States of America 3
The people surrendered by Australia were citizens of the following countries:
Country Number
Australia 3
Belgium 1
Germany 1
Democratic People’s Republic of Korea 1
United Kingdom 3
United States of America 2
Note: Two of the above citizens were dual Australian citizens  
Australia was still considering requests made by the following countries:
Country Number
Albania 2
Argentina 2
Bosnia and Herzegovina 1
Canada 1
Croatia 1
Denmark 1
Finland 1
Germany 2
Greece 5
Hungary 1
Indonesia 1
Ireland 1
Italy 1
Jordan 1
Lebanon 3
Malaysia 1
Poland 6
Slovenia 2
Switzerland 1
Thailand 1
United Kingdom 2
United States of America 4
People were surrendered for the following major categories of offences:
Abduction 1
Assault/attempted murder 2
Child sex offences 1
Drugs 1
Theft and/or fraud 1
Murder 3

Note: Extradition requests vary considerably in complexity and the time it takes to resolve them. The complexity of an extradition request depends on the alleged criminal offence or offences and the alleged 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 rights of review and appeal, to a few months if a fugitive consents to extradition.

Mutual assistance matters dealt with in 2007–08 or continuing as at 30 June 2008

Mutual assistance in criminal matters requests made by Australia
  2007–08
Requests carried forward 314
New requests made/requests reopened 225
Requests finalised 298
Requests continuing 241
Mutual assistance in criminal matters requests made to Australia
  2007–08
Requests carried forward 246
New requests/requests reopened 290
Requests finalised 385
Requests refused 0
Requests continuing 151

Comparative statistics for extradition and mutual assistance cases for 2003–04 to 2007–08

Figure 8: Extradition requests made by Australia

Figure 8: Extradition requests made by Australia 

Figure 9: Extradition requests made to Australia

Figure 9: Extradition requests made to Australia 

Figure 10: Mutual assistance requests made by Australia

Figure 10: Mutual assistance requests made by Australia 

Figure 11: Mutual assistance requests made to Australia

Figure 11: Mutual assistance requests made to Australia 

* Past annual reports have distinguished between ‘requests granted’ 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.

† During 2003–04, the Mutual Assistance Unit implemented an electronic records and statistical retrieval database to replace the paper-based system used in previous reporting periods. The database was substantially upgraded in 2006–07.

International war crimes

There were two new requests from the International Criminal Court. These two requests remain active and will be carried forward into the 2008–09 year.

There were seven new requests from the International War Crimes Tribunal for the former Yugoslavia. Six of the seven requests were finalised during 2007–08. One request will be carried forward into 2008–09.

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

Appendix 13 International Criminal Court Act 2002

The International Criminal Court Act 2002 entered into force on 28 June 2002.

Section 189 of the ICC Act provides that the Department must publish each year, as an appendix to its Annual Report, a report on the operation of the Act, the operations of the International Criminal Court (the ICC), and the impact of the operations of the ICC on Australia’s legal system.

Operation of the International Criminal Court Act 2002

The ICC Act establishes mechanisms which facilitate Australia’s compliance with its obligations under the Rome Statute for the ICC. Parliament enacted amendments to the Criminal Code Act 1995 in 2002 to ensure all crimes set out in the ICC Statute are criminalised under Australia’s domestic law. The ICC has jurisdiction only if national courts are unwilling or unable to genuinely investigate or prosecute a case. The amendments ensure Australia can investigate and prosecute ICC crimes if necessary, guaranteeing it retains primary jurisdiction over such crimes committed on Australian territory or by Australian citizens.

Operation of the International Criminal Court

The ICC Statute was adopted and opened for signature and ratification on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. The Statute entered into force generally on 1 July 2002. As of 1 June 2008, there are 106 parties to the ICC Statute. Australia signed the statute on 9 December 1998 and ratified it on 1 July 2002. The Statute entered into force for Australia on 1 September 2002.

The ICC Statute established the first permanent international court capable of investigating and prosecuting the most serious crimes of international concern. The ICC fills a legal vacuum that could otherwise prevent the prosecution of egregious crimes due to a lack of judicial infrastructure or political will. The ICC is physically located in The Hague, the Netherlands.

The ICC’s jurisdiction is limited to the crimes of genocide, crimes against humanity and war crimes, and is further limited to crimes committed after the ICC Statute entered into force. All crimes over which the ICC has jurisdiction are strictly defined in the ICC Statute.

No new crime can be added to the ICC’s jurisdiction until seven years after the Statute’s entry into force. The only new crime currently being contemplated is the crime of aggression. The Special Working Group on the Crime of Aggression has been discussing possible definitions and other aspects of this crime, and Australian representatives have been participating in these discussions.

Since the entry into force of the ICC Statute, Australia has actively participated in the Assembly of States Parties. The Assembly’s responsibilities include electing officers of the ICC and providing management oversight of the administration of the Court. An Australian Government official has served on the Assembly’s Committee on Budget and Finance since 2003. His term will expire in April 2009.

Australia participated in the Sixth Assembly of States Parties held over two sessions from 30 November to 14 December 2007 and 2 to 6 June 2008, the latter of which was devoted primarily to the Special Working Group on the Crime of Aggression. The Sixth Assembly’s key achievement was deciding on a permanent site in The Hague for the premises of the ICC and launching an architectural design competition for the design of the permanent premises. One Australian architectural firm has been short listed for participation in the competition.

The Seventh Assembly of States Parties will take place at The Hague from 14 to 22 November 2008 with two further resumed sessions expected in January and April 2009.

The ICC is investigating four situations: one in Uganda, at the request of the Ugandan Government; one in the Democratic Republic of the Congo (DRC), at the request of the President of the DRC; one in the Darfur region of Sudan, at the request of the United Nations Security Council; and one in the Central African Republic (CAR) at the request of the CAR Government.

Twelve arrest warrants have so far been issued in respect of persons in Uganda, the DRC, Sudan and the CAR. The first trial of the ICC—against Thomas Lubanga Dyilo for crimes allegedly committed in the DRC—is expected to commence in 2008.

For further information about the ICC, see www.icc-cpi.int.

Impact of the ICC on Australia’s legal system

As no trials have yet been concluded by the ICC, its operation has had no discernible impact on Australia’s legal system. The future impact of ICC operations is expected to depend on the number of active prosecutions and investigations undertaken by the ICC and the number and nature of requests for assistance received by Australia.