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Annual Report 2009-10 Appendixes

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Appendix 1 Reporting arrangements for the portfolio 2009–10

Elements Reporting
arrangements
Administrative Appeals Tribunal B
Administrative Review Council B
Australian Commission for Law Enforcement Integrity B
Australian Crime Commission B
Australian Customs and Border Protection 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
Solicitor-General A

Notes:

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 Agencies that provide reporting on activities and financial performance to the Ministerial Council for Police and Emergency Management—Police under the auspice of the National Common Police Services.

D The various Federal Court registries provide administrative support for these tribunals. 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 Attorney-General’s Department outcomes and outputs structure

For 2009–10 the Department retained its three outcomes but replaced the previous outputs structure with a program structure and revised performance information, consistent with the Government’s Operation Sunlight Budget reforms.

The Department’s program structure for 2009–10 comprises two programs each for Outcomes 1 and 2 and one program for Outcome 3. For Outcome 1 the programs are: 1.1 Access to Justice and Social Inclusion and 1.2 Legal Services; these programs consolidate previous related output groups. For Outcome 2 the programs are: 2.1 National Security and 2.2 Criminal Justice; these programs aggregate previous separate national security and criminal justice output groups. For Outcome 3 the program is the same as the previous output group.

Figure 10 outlines the transition from the 2008–09 Budget year (as at Additional Estimates), which was presented in administered items, outputs and output groups, to the program reporting framework used for the 2009–10 Budget.

Figure 10: Transition from outputs structure to a program structure, 2009–10

Figure 10: Transition from outputs structure to a program structure, 2009–10 

 

Appendix 3 Freedom of information matters

This functional statement is published to meet the requirements of s 8 of the Freedom of Information Act 1982.

The Department’s statement is set out below, followed by those of the Copyright Tribunal of Australia, the 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. Freedom of information 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 Freedom of Information Act 1982, available at https://www.dpmc.gov.au/pmc/accountability-and-reporting/freedom-information

Attorney-General’s Department

Establishment

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

Organisation

The organisational chart (Figure 3 in Chapter 4) shows the structure of the Department.

Functions

The broad functions of the Department are described in Chapter 4. Legislation administered by the Attorney-General is published in the Administrative Arrangements Order, available at http://www.dpmc.gov.au/pmc/parliamentary-information.

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 Department’s policy-making functions 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 (25 peak human rights bodies)
  • Australasian Institute of Judicial Administration
  • Australia New Zealand Policing Advisory Agency
  • Australian Bureau of Statistics
  • Australian Federation of Disability Organisations
  • Australian Institute of Criminology Board of Management
  • Australian Institute of Family Studies
  • Australian National Council on Drugs
  • Australia–New Zealand Crime Prevention Senior Officers’ Group
  • 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
  • Communications Security and Enforcement Roundtable
  • Criminology Research Council
  • CrimTrac Board of Management
  • Critical Infrastructure Advisory Council
  • Critical Infrastructure Protection Futures Expert Advisory Group
  • 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 Association of Community Legal Centres
  • 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 Government Advisory Group on Chemicals of Security Concern
  • National Identity Security Coordination Group
  • National Industry Reference Group on Chemicals of Security Concern
  • National Intercountry Adoption Advisory Group
  • National Judicial College of Australia
  • National Legal Aid
  • National Legal Profession Reform Taskforce
  • National Motor Vehicle Theft Reduction Council
  • 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
  • Sporting Shooters and Firearms Advisory Council
  • The Crown Copyright Working Group
  • The Shire of Christmas Island
  • The Shire of Cocos (Keeling) Islands
  • The Wreck Bay Aboriginal Community Council, and
  • Water Services Infrastructure Assurance Advisory Group.

Categories of documents held by the Department

The Department holds the following categories of documents:

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

Facilities for obtaining access to documents held by the Department

Many documents the Department holds are available free of charge upon request; others are publicly available for purchase.

Subject to certain exceptions, the Freedom of Information Act 1982 also gives people a legally enforceable right of access to documents the Department holds.

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

Director
Freedom of Information Section
Attorney-General’s Department
3–5 National Circuit
BARTON ACT 2600

Telephone: 61 (2) 6141 2550
Facsimile: 61 (2) 6141 2583

Copyright Tribunal of Australia

Establishment

The Copyright Tribunal of Australia was established by the Copyright Act 1968.

Organisation

Section 138 of the Copyright Act 1968 provides for a Copyright Tribunal consisting of a President and such number of Deputy Presidents and other members as are appointed.

Functions

In summary, the jurisdiction of the Tribunal is:

  • 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:

  • those 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
  • those concerning administrative and financial aspects of the Tribunal’s operation
  • general correspondence
  • those 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 the Tribunal holds should be forwarded to:

Registrar
Copyright Tribunal
Level 17
Law Courts Building
Queens Square
SYDNEY NSW 2000

Telephone: 61 (2) 9230 8567
Facsimile: 61 (2) 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 1964 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
3–5 National Circuit
BARTON ACT 2600

Telephone: 61 (2) 6141 2550
Facsimile: 61 (2) 6141 2583

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. The Principal Registry of the Tribunal is located in Melbourne, Victoria.

Functions

Pursuant to the Defence Force Discipline Appeals Act 1955, the Tribunal can hear appeals against conviction, prescribed acquittal and punishment relating to 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:

  • those relating to a particular proceeding, transcript of the hearing, the Tribunal’s reasons for the decision, the decision, and related general correspondence
  • those concerning procedures before the Tribunal
  • those 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 the Tribunal holds should be forwarded to:

Federal Court of Australia
Registry (VIC)
Owen Dixon Commonwealth Law Courts Building
Level 7, 305 William Street
MELBOURNE VIC 3000

Telephone: 61 (3) 8600 3504
Facsimile: 61 (3) 8600 3522

Appendix 4 Service charters

The Attorney-General’s Department Service Charter and associated complaint-handling policy have been in operation since June 1998. Charters covering International Child Abduction, Child Support and Civil Procedure supplement the Department’s charter.

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.

In addition, the AusCheck Service Charter was released on 20 August 2009 aiming to describe, to the public and to the aviation and maritime communities, the service experience that can be expected in dealing with AusCheck and its staff. The charter is available from <http://ag.aglink.ag.gov.au> ‘National security and counter-terrorism | Background checking’.

All the Department’s charters are available to clients in hard copy.

Table 26 sets out the customer service standards contained in each charter and the extent to which they were met during 2009–10.

Table 26: Attorney-General’s Department Charter—compliance with customer service standards, 2009–10

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 Complied
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

Table 27: AusCheck Service Charter—compliance with customer service standards, 2009–10

Charter Service standard Compliance with service standard
Provide timely and effective background checks for the Aviation Security Identification Card and Maritime Security Identification Card schemes Acknowledgement of 100% of all ASIC and MSIC applications in 1 business day Achieved

AusCheck’s IT system acknowledged all applications received within 24 hours
Completing AusCheck’s part in the background checking process in 5 business days or less 98% of the time (i.e. excluding time awaiting responses from checking partners or the person being checked) Achieved

AusCheck completed its part in checking of more than 99% of Aviation and Maritime Security Identification cards in 5 days or less
Provide a consistent decision making process that ensures privacy and legal rights are protected No AusCheck decisions were overturned on appeal to the Administrative Appeals Tribunal Substantially achieved

4 appeals were lodged with the Administrative Appeals Tribunal, 2 were withdrawn, 1 consent order given, and 1 pending

Other comments

The Legal Assistance Branch received one complaint in 2009–10. This complaint related to the length of time spent processing an application for payment under the Federal Proceedings (Costs) Act 1981. The complaint was received on 4 September 2009. The Department sent a written response to the complainant, including the name and address of the person dealing with the complaint, on 18 September 2009 (that is, within 28 days). The payment, which was the subject of the complaint, was finalised within 28 days of the complaint.

The former International Child Abduction, Child Support and Civil Procedure Service Charter no longer operates as a separate entity; the Department’s Service Charter now covers international child abductions, child support and civil procedure matters.

The Department received six compliments about its management of applications made under The Hague Convention (relating to international child abduction and access).

Appendix 5 Consultancy services

Policy on selecting and engaging consultants

Contracting for a consultancy service is a prominent activity no different in principle from procuring other property and services. The requirements of the Commonwealth Procurement Guidelines and the Chief Executive Instructions are relevant. Additionally, departmental Chief Executive Instructions state that the Secretary’s agreement 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 two questions to determine the nature of the agreement, namely:

  • Do the services involve development of an intellectual output that assists with agency decision making?
  • 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.

Summary statement

During 2009–10, the Department entered into 31 new consultancy contracts involving total actual expenditure of $0.872 million. In addition, 11 ongoing consultancy contracts were active during the year involving total actual expenditure of $0.872 million.

In accordance with the requirements for annual reports for departments, executive agencies and Financial Management and Accountability Act 1997 bodies, detailed information relating to new consultancy contracts to the value of $10,000 or more (including GST) is provided in Table 28.

Information on expenditure on contracts and consultancies is also available on the AusTender website at <http://www.tenders.gov.au>.

Table 28: Consultancy services let during 2009–10, to the value of $10,000 or more

Consultant name Description Contract price Selection process1 Justification2
ACIL Tasman Pty Ltd Assess costs and funding, and proposed reforms of, legal profession regulation $69,701 Select tender C
Cost benefit analysis of proposed reforms to national legal profession regulation $65,147 Direct source B
Final Regulation Impact Statement on proposals of the National Legal Profession Reform Taskforce $79,895 Direct source B
Analytics Group Lifecycle costing—maintenance of National Capital Authority assets $50,750 Panel B
Anthony Blunn AO Review Commonwealth Legal Services Procurement $84,150 Direct source C
ARTD Pty Ltd Design and run consumer-focused consultation process for the National Legal Profession Reform Taskforce $55,750 Direct source B
ARUP Annual rock fall inspection Christmas Island $52,675 Panel B
Consultancy services: independent review of the Chemical Security Program. $62,570 Select tender C
Ascent Governance Pty Ltd Quality assurance of Classification Fees $20,625 Open tender B
Australian Crime Commission Site remediation $84,000 Select tender B
Booz & Company Pty Ltd Requirements analysis and specification for extension of Chemical Security Risk Assessment $12,210 Direct source B
Broadleaf Capital International Pty Ltd Develop risk assessment reporting tool and user guide for Indigenous Justice Program $17,930 Direct source C
Colmar Brunton Pty Ltd Evaluate Australia’s revised arrangements for bushfire advice and alerts* $126,170 Select tender C
Colmar Brunton Social Research Research to guide use of language in counter-terrorism and incident messaging $131,780 Select tender C
Deloitte Touche Tohmatsu Review Emergency Management Australia $107,636 Panel B
Shared Services business case and implementation roadmap $257,631 Open tender B
Deloitte Touche Tohmatsu Shared consultancy with the Australian Federal Police to explore feasibility of implementing shared services model and advise on possible governance arrangements that could be used $46,300 Open tender B
Service Agreement for Internal Audit Services $1,330,000 Panel B
GHD Pty Ltd Conduct independent review of the Critical Infrastructure Protection Modelling and Analysis program $79,250 Direct source C
Fujitsu Australia Limited Conduct feasibility study into a single IT system for Project Wickenby $38,729 Direct Source A
Information Integrity Solutions Pty Ltd Conduct Privacy Impact Assessment on proposed amendment to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to expressly authorise use of credit reporting information for electronic verification of identity $35,848 Direct source B
Jakeman Business Solutions Pty Ltd Review National Security Training Services $59,389 Panel B
National Counter-Terrorism Committee’s Mercury 10 Exercise report writer $48,840 Panel  C
KPMG Cost effectiveness analysis of models to implement Australia’s obligations to the Optional Protocol to the Convention Against Torture $65,000 Panel B
Review management of grants administration in the Department $77,140 Panel A
Malcolm S Pascoe Review and update Legal Aid funding distribution model revised in June 2008 $13,200 Direct source B
Managing Justice Develop requirements for a national legal assistance data collection $50,000 Direct source C
MOZ Consulting Develop Criminal Justice Division’s business planning and governance framework $16,170 Direct source B
Oakton Services Pty Ltd Review Document Verification Service design and costs $18,000 Panel A
Open Mind Research Group Holdings Pty Ltd Market research services* $150,000 Select tender B
Parsons BrinckerHoff Australia Pty Ltd Review emergency management arrangements for Indian Ocean Territories, with intention of improving them $78,807 Open tender B
Peter Ford Consultancy Pty Ltd Review Part 1D (Forensic Procedures) of Crimes Act 1914 $75,000 Direct source B
PLR Systems Consulting National Counter-Terrorism Committee communication and information mapping exercise $162,822 Direct source B
Quantum Market Research (Aust) Pty Ltd Initial developmental research to inform overarching communication strategy for the Chemical Security Campaign and in turn to inform consultant briefs for developing promotional materials* $172,150 Select tender C
Richard Colin Chisholm Review legislation, practice and procedures in cases involving family violence in the Family Court of Australia $92,280 Direct source B
Senatore Brennan Rashid Review Northern Territory Interpreter Services $60,000 Direct source C
Spatial Vision National Counter-Terrorism Committee National Symbology Project, Phase 1 $69,955 Open tender B
Sybille Krieger Review Commonwealth Legal Services Procurement $95,850 Direct source C
Telcordia Technologies, Inc Submarine cable initial technical research $65,000 Direct source B
Australia and New Zealand School of Government Limited SES Training: Towards Strategic Leadership and Executive Fellows Program $73,000 Direct source B
Thinkplace Help produce Commonwealth Organised Crime Response Plan using material prepared by heads of Commonwealth Operational Law Enforcement agencies $19,500 Direct source A
Unify Solutions Pty Ltd Develop Identity and Access Management Strategy and Roadmap $60,000 Direct source A

Notes:

* indicates consultancy reported in the Division/Office ‘Advertising and Market Research’ return.

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 6 Advertising and market research

Under s 311A of the Commonwealth Electoral Act 1918 the Department is required to disclose payments of $11,200 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 2009–10 to direct mail or polling organisations.

Details of payments to the other categories of organisations are set out in Table 29.

Table 29: Payments to advertising, market research and other designated organisations, 2009–10

Name of organisation Purpose Payment Key
Adcorp Australia Limited Non-campaign government advertising $735,943 C
Colmar Brunton Social Research Pty Limited Market research into Australia’s bushfire advice and alerts $126,170 B
Cre8ive Australasia Develop design concepts for Personal Property Securities communication activities $31,435 A
Di Marzio Research Market research for National Security Public Information Campaign $55,000 B
EWKi Partnership Non-campaign government advertising $72,459 C
Grey Canberra Develop Chemicals of Security Concern Campaign creative $34,540 A
HMA Blaze Non-campaign government advertising $96,761 C
Open Mind Research Group Holdings Pty Ltd Market research for Personal Public Securities public awareness activity $67,650 B
Quantum Market Research Market research for Chemicals of Security Concern Campaign $166,947 B
Universal McCann Media advertising for National Security Public Information Campaign $821,392 C
Media advertising for Chemicals of Security Concern Campaign $153,976 C
Media advertising for Sexual Offences Against Children communication activities $219,972 C

Notes:

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

The Legal Services Directions 2005 paragraph 11.1(ba) requires all departments and agencies to report their legal services expenditure each financial year. This appendix provides a breakdown of the Department’s expenditure for 2009–10, along with the previous year’s data for comparison. All expenditure figures include GST.

Table 30: Legal services expenditure summary, comparing 2009–10 and 2008–09

  2008–09 2009–10
Total legal services expenditurea $9,397,101.70 $12,851,432.29
Total external legal services expenditure $8,639,608.31 $11,913,184.80
Total number of counsel briefed 41 71
Total number of counsel direct briefed 5 6
Total value of counsel briefs $1,215,924.79 $2,365,978.93
Total disbursements (excluding counsel) $381,311.83 $130,729.73
Total professional fees paid $7,042,371.69 $9,416,476.14
Total internal legal services expenditureb $757,493.39 $938,247.49
Total costs recovered $0.00 $0.00

Notes:

a 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. The Department records these separately as they do not constitute 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 and the Equine Influenza Inquiry.

b The Department does not have a separate internal legal services branch; instead it has 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 within the Department at no cost to the receiving areas. No billing arrangement for internal legal services operates, nor are separate records of expenditure kept. Such expenses are treated as part of the Department’s aggregate staffing costs.

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 0.1 of an APS 5; 1.0 Legal Officer; 1.0 Senior Legal Officer; 0.5 of a Principal Legal Officer, 0.5 of an SES Band 1 Officer and 0.1 of an SES Band 2 Officer. The staff of the Office of Legislative Drafting and Publishing devoted to providing internal legal services are the full-time equivalent of 1.1 of a Senior Legal Officer; 1.6 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 was estimated based on salary levels for these positions and increased by a factor reflecting typical staffing and other overheads within the Department. This approach is consistent with the ANAO’s August 2006 Better Practice Guide.

By this method, it is estimated that the Department’s internal legal services expenditure was approximately $0.938 million in 2009–10 and $0.757 million in 2008–09.

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

Table 31: External legal services expenditure summary, comparing 2009–10 and 2008–09

  2008–09 2009–10
Counsel    
Total number of counsel briefed 41 71
Male counsel briefed 28 39
Female counsel briefed 13 32
Total number of counsel direct briefed 5 6
Male counsel direct briefed 5 6
Female counsel direct briefed 0 0
Total value of counsel briefs $1,215,924.79 $2,365,978.93
Male counsel briefs $373,158 $444,438
Female counsel briefs $842,767 $1,921,541
Disbursements (excluding counsel) $381,311.83 $130,729.73
Professional fees $7,042,371.69 $9,416,476.14

Table 32: Professional service providers, comparing 2009–10 and 2008–09

Providera 2008–09 2009–10
Australian Government Solicitor $6,902,531.05 $9,345,573.29
Blake Dawson $139,840.64 $63,654.40
Trinity Law $0.00 $7,248.45
Total professional fees $7,042,371.69 $9,416,476.14

a The Department has Deeds of Standing Offer with the Australian Government Solicitor and Blake Dawson. The payment to Trinity Law relates to financial assistance provided under Appendix E of the Legal Services Directions 2005 which deals with assistance to Commonwealth employees for certain legal proceedings.

Appendix 8 Staffing profile

Table 33: 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 2010

Classification Gender ACT NSW PNG QLD VIC WA NT Grand
total
APS Level 1–2 Female 4.4             4.4
Male 5.4       2     7.4
Graduate Female 27             27
Male 13             13
APS Level 3 Female 72.46 2     5 0.8   80.26
Male 13 2     2     17
APS Level 3–4 Female 3       1     4
Male 4             4
APS Level 4 Female 91.08 6       1   98.08
Male 22 1           23
APS Level 4–5 Female 10.6             10.6
Male 14             14
APS Level 5 Female 82.74 4     2.6     89.34
Male 31       1     32
APS Level 5–6 Female 19.4             19.4
Male 19             19
APS Level 6 Female 98.22 6     8.08 1   113.3
Male 65.9 10     4 3   82.9
Legal Officer Female 74.77             74.77
Male 34             34
Executive Level 1 Female 141.26 0.92     3 1 2 148.18
Male 118.6 2   1 4 4   129.6
Senior Legal Officer Female 83.01             83.01
Male 40             40
Executive Level 2 Female 47.6       1 1   49.6
Male 67.76 2 2   1 1   73.76
Principal Legal Officer Female 67.3   1         68.3
Male 32.47   5         37.47
SES Band 1 Female 30 1           31
Male 28   1         29
SES Band 2 Female 4             4
Male 11             11
SES Band 3 Female 2             2
Male 1             1
Total Female 858.84 19.92 1 0 20.68 4.8 2 907.24
Male 520.13 17 8 1 14 8 0 568.13

Table 34: Staffing by classification, gender, employment category and employment status—paid staff (head count) as at 30 June 2010

Classification Gender Ongoing   Non-ongoing Total
Full-time Part-time Full-time Part-time
APS Level 1–2

 
Female 3 1     1 5
Male 6 1   1   8
Graduate

 
Female 27         27
Male 13         13
APS Level 3

 
Female 54 4   21 3 82
Male 12     5   17
APS Level 3–4

 
Female 3     1   4
Male 3     1   4
APS Level 4

 
Female 88 5   7   100
Male 19     4   23
APS Level 4–5

 
Female 9 1   1   11
Male 13     1   14
APS Level 5

 
Female 80 9   2 2 93
Male 26 1   5   32
APS Level 5–6

 
Female 18 1   1   20
Male 18     1   19
APS Level 6

 
Female 95 12   9 1 117
Male 75 1   7   83
Legal Officer

 
Female 61 7   8 2 78
Male 23     11   34
Executive Level 1

 
Female 131 23   1   155
Male 123 2   4 1 130
Senior Legal Officer

 
Female 68 22   1   91
Male 39     1   40
Executive Level 2

 
Female 47 3       50
Male 72 1   4 1 78
Principal Legal Officer

 
Female 56 13   2 2 73
Male 27 2   5   34
SES Band 1

 
Female 27 4       31
Male 28     1   29
SES Band 2

 
Female 4         4
Male 11         11
SES Band 3

 
Female 2         2
Male 1         1
Total

 
Female 773 105   54 11 943
Male 509 8   51 2 570

Table 35: 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 2009

Classification Gender ACT NSW Vic Qld SA WA NT Total
APS Level 1–2 Female 12.33 0 0 0 0 0 1 13.33
Male 15.12 0 0 0 0 2 0 17.12
Graduate Female 31 0 0 0 0 0 0 31
Male 13 0 0 0 0 0 0 13
APS Level 3 Female 74.6 2 0 0 0 5.61 0.8 83.01
Male 15 2 0 0 0 1 0 18
APS Level 3–4 Female 3 1 0 0 0 1 0 5
Male 3 0 0 0 0 0 0 3
APS Level 4 Female 90.64 5 0 0 0 0 0 95.64
Male 20 2 0 0 0 0 0 22
APS Level 4–5 Female 14 0 0 0 0 1 0 15
Male 14 0 0 0 0 0 0 14
APS Level 5 Female 84.45 5 0 0 0 4.6 0 94.05
Male 31 1 0 0 1 1 0 34
APS Level 5–6 Female 17.8 0 0 0 0 0 0 17.8
Male 19.9 0 0 0 0 0 0 19.9
APS Level 6 Female 117.4 2 0 0 0 2.43 1 122.83
Male 52.6 10 0 1 0 4 3 70.6
Legal Officer Female 69.33 0 0 0 0 0 0 69.33
Male 19 0 0 0 0 0 0 19
Executive Level 1 Female 140.11 0.52 1 1 0 8 1 151.63
Male 111.28 3 0 0 1 6 3 124.28
Senior Legal Officer Female 76.99 0 0 0 0 0 0 76.99
Male 32.2 0 0 0 0 0 0 32.2
Executive Level 2 Female 58 1 0 0 0 0 0 59
Male 68.23 2 0 0 0 1 2 73.23
Principal Legal Officer Female 65.31 0 0 0 0 0 0 65.31
Male 31.6 0 0 0 0 0 0 31.6
SES Band 1 Female 24.81 2 0 0 0 0 0 26.81
Male 33 0 0 0 0 0 0 33
SES Band 2 Female 6 0 0 0 0 0 0 6
Male 9 0 0 0 0 0 0 9
SES Band 3 Female 1 0 0 0 0 0 0 1
Male 2 0 0 0 0 0 0 2
Total Female 885.77 18.5 1 1 0 22.64 3.8 932.73
Male 489.93 20 0 1 2 15 8 535.93

Table 36: Staffing by classification, gender, employment category and employment status—paid staff (head count) as at 30 June 2009

  Gender Ongoing   Non-ongoing Total
Full-time Part-time Full-time Part-time
APS Level 1–2 Female 9 1   3 1 14
Male 14 1   1 3 19
Graduate Female 31 0   0 0 31
Male 13 0   0 0 13
APS Level 3 Female 54 6   23 3 86
Male 9 0   9 0 18
APS Level 3–4 Female 3 0   2 0 5
Male 3 0   0 0 3
APS Level 4 Female 74 6   17 1 98
Male 18 0   4   22
APS Level 4–5 Female 11 0   4 0 15
Male 11 0   3 0 14
APS Level 5 Female 84 10   3 1 98
Male 29 1   4 0 34
APS Level 5–6 Female 16 1   1 0 18
Male 19 2   0 0 21
APS Level 6 Female 109 12   6 0 127
Male 68 0   2 1 71
Legal Officer Female 62 4   5 0 71
Male 16 0   3 0 19
Executive Level 1 Female 135 20   2 0 157
Male 120 2   3 0 125
Senior Legal Officer Female 65 15   3 0 83
Male 31 1   1 0 33
Executive Level 2 Female 48 4   2 0 54
Male 74 1   2 2 79
Principal Legal Officer Female 57 12   0 0 69
Male 27 2   5 0 34
SES Band 1 Female 28 4   0 1 33
Male 25 0   1 0 26
SES Band 2 Female 5 0   1 0 6
Male 9 0   0 0 9
SES Band 3 Female 1 0   0 0 1
Male 2 0   0 0 2
Total Female 792 95   72 7 966
Male 488 10   38 6 542

Appendix 9 Staff achievements

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

Individuals and teams were recognised for their outstanding professional contribution in 2009–10. The Secretary commended recipients for their roles in highlighting the Department’s excellent work and for 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 2009–10 and their noteworthy achievements follow.

Annual Departmental Awards

On 19 August 2009, the Attorney-General, the Hon Robert McClelland MP, joined departmental staff for the 2009 Departmental Awards and Academic Achievement Award.

The Secretary, Roger Wilkins AO, said ‘it was an important opportunity to publicly recognise the outstanding efforts of staff’.

Secretary’s Award 2009

Trevor Kennedy—for his outstanding contribution to the financial management of the Department. Trevor successfully delivered the 2009–10 Portfolio Budget Statements on time and with few adjustments.

Deputy Secretaries’ Awards 2009

Civil Justice and Legal Services

Robert Patch—for his outstanding contribution to the reform of personal property securities law in Australia. Robert has been outstanding in his engagement with stakeholders, and his commitment to the technical legislative aspects of personal property securities reform.

Strategic Policy and Coordination

Rachael Jackson—for dedicated, professional and high quality support and advice to the Department and ministers on cabinet, ministerial and parliamentary matters. Rachael has been instrumental in setting up processes that assist the whole department to better deliver outcomes for the Government and has consistently taken a proactive approach, identifying and implementing innovative improvements. She has taken on high levels of responsibility for the success of many of the department’s core business-critical functions, while meeting unexpected demands and major challenges with energy and good humour.

National Security and Criminal Justice

Organised Crime Taskforce: Hamish Hansford, Owen Lodge, Tara Cheyne, Jessica Robinson, Nick Winton—for outstanding effort in developing an Organised Crime Threat Assessment and Response Plan in partnership with the Australian Crime Commission.

The taskforce developed an innovative multi-agency approach to combating organised crime based on a positive vision of effective whole-of-government engagement.

Academic Achievement Award—2009

Dr Sarah McCosker—for completing her Doctor of Philosophy at the University of Oxford on Law and Diplomacy in International Dispute Settlement. Sarah completed her doctorate while simultaneously performing her work within the Office of International Law.

Australia Day Achievement Awards—2010

Individuals and teams who worked on a broad range of operational and policy initiatives were recognised and honoured through the 2010 Departmental Australia Day Achievement Awards.

Renée Leon, Acting Secretary, commended award recipients for collaborative and personal excellence and for raising the profile of the Department.

The areas of distinction that were recognised and awarded included:

  • development of emergency warnings
  • Budget coordination
  • disaster planning and relief
  • security vetting
  • international relations
  • international cooperation in national security
  • coordination of a national catastrophic natural disaster exercise
  • implementation of a treaty between Australia and New Zealand on Court Proceedings and Regulatory Enforcement
  • managing the evaluation of the 2006 family law reforms
  • transitioning a new airport management contract for both Christmas and Cocos (Keeling) Islands
  • developing the Strategic Framework for Access to Justice
  • reviewing Australia’s maritime enforcement laws
  • developing and negotiating the National Indigenous Law and Justice Framework
  • planning and executing the relocation to 3–5 National Circuit
  • implementing and maintaining infrastructure and services to the (East and West) territories, and
  • tracking implementation of Cabinet decisions.

The Departmental Australia Day Achievement Awards recognise individuals and teams who have made outstanding contributions to the work of the Department and to the wider Australian community. The 2010 recipients were:

Diane Podlich, Michelle Loveday, Jessica Nagajek, Paul Smith, Joshua McGhie, Simeon Simes, Emergency warning System Project Team, National Security Resilience Policy Division—for excellence in the policy and project management of the emergency warning system project.

Kevin Rheese, Emergency Management Australia—for professionalism and dedication to design, development and implementation of disaster relief and recovery arrangements in Australia.

Aaron Verlin, Emergency Management Australia—for responsiveness and professionalism in fostering constructive international cooperation in the area of national security.

Danny Ramsden, National Security Law and Policy Division—for leadership in developing a culture of innovation and continuous improvements in the Australian Security Vetting Service.

Tony Hoyer, National Security Capability Development Division—for outstanding dedication and professionalism in coordinating development and conduct of the national catastrophic natural disaster exercise.

Tracy Brennan and Julia Thwaite, Access to Justice Division—for development of complex legislation to implement the 2008 treaty between Australia and New Zealand on court proceedings and regulatory enforcement.

Rina Onorato, Access to Justice Division—for outstanding professionalism in management of the evaluation of the 2006 family law reforms.

Rebecca Hogben, Territories and Information Law Division—for demonstrated high level of commitment to ensuring a smooth transition to the new Indian Ocean Territories airport management contract.

Sara Samios, Cameron Rapmund, Lisa O’Connell, Jen Cavenagh, Lisa Smith, Imran Church, Danica Yanchenko and Maryann Brooke, Social Inclusion Division—for successful development of the Strategic Framework for Access to Justice in the Civil Justice System.

Andrew Walter and Stephanie Ierino, Office of International Law—for excellence in conduct of a review of Australia’s maritime enforcement laws, which are critical to protecting our borders and offshore resources.

Christine Freudenstein, Daniel Abraham, Melanie Yap, Ben Mudaliar, Martina Wardell and Kym Duggan, Social Inclusion Division—for outstanding achievement in development and negotiation of the National Indigenous Law and Justice Framework.

Brian Day, Finance and Property Division—for outstanding planning and leadership in a well-executed relocation to 3–5 National Circuit.

Alan Kuslap, Sam Senaratne, Billy Ong, Liviu Mihov-Nicotodis, Sharon Greenshields, Stephanie Ong, John Carter, Graham Bell, Maxine Hartwig, Brendan Mace, Rachel Weatherby and Rebecca Healey, Territories Asset Management System Team, Territories and Information Law Division/Finance and Property Division—for tremendous efforts in implementation and ongoing success of the plant maintenance system.

Michele Hendrie and Fiona Russell, Priorities and Coordination Division—for professionalism, commitment and ingenuity in successful development of the acclaimed reference guide, Emergency Warnings: Choosing Your Words.

Anna Sherburn, Priorities and Coordination Division—for outstanding work and dedication in improving the portfolio Budget process.

Matt Hall, Miranda Lello and Andrew Botham, Cabinet Submission System Team, Priorities and Coordination Division—for outstanding innovation in developing simple, informative tools to track implementation of Cabinet decisions.

Other awards

Robert Patch, Civil Law Division, was awarded a Public Service Medal in the Queen’s Birthday honours list for outstanding public service in developing the legal framework for a new national personal property securities system.

The Emergency Warnings: Choosing Your Words guide was awarded a ‘Commendation—Judges Award for Innovative Design’ at the 2010 Australian Market and Social Research Society and Association of Market and Social Research Organisations Research Effectiveness Awards. The awards recognised excellence in market and social research that made a difference to business performance and social policy planning.

The Department’s 2008–09 annual report received two national awards in recognition of its high standard of content and design. The first bronze award was in the category for Australian Government departments and agencies covered by the Financial Management and Accountability Act 1997 in the Institute of Public Administration of Australia Annual Report Awards. The second bronze award was in the Australasian Reporting Awards, which are open to all companies and organisations in Australia. Though coordinated through the Public Affairs Branch, production of the annual report represents the hard work and cooperation of many staff in the Department.

Achievements

Staff of the Legal Assistance Branch made a significant contribution to the success of the Attorney-General’s negotiations with States and Territories to achieve commencement of the new National Partnership Agreement on Legal Assistance Services on 1 July 2010. The Branch was involved in all key facets of ensuring the Agreement commenced on schedule: it developed the Agreement, which included a revised Commonwealth funding policy; it helped the Secretary in his negotiations with the States and Territories; and it prepared a new policy proposal that resulted in a significant injection of funding for legal aid ($92.3 million over four years) in the 2010–11 Federal Budget.

Appendix 10 Occupational health and safety

This report is presented in accordance with the requirements of s 74 of the Occupational Health and Safety Act 1991 (OH&S Act).

The Department has several written Health and Safety Management Arrangements, as required under s 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.

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 once during the year, and the minutes of this meeting were made available to employees on the Department’s intranet. Sixteen new health and safety representatives were appointed to the Committee in 2009–10.

Reporting requirements under the Act

Section 68 occurrences
(Notification and reporting of accidents and dangerous occurrences)
Six accidents and dangerous occurrences were reported under s 69 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 2009–10

The Department continued to conduct regular workplace inspections during 2009–10. Reports were provided to division heads outlining recommendations for improvements in OH&S practices. 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 2009–10 included:

  • Health and Safety Management Arrangements: One OH&S policy was developed in 2009–10.
  • OH&S inspections: As part of the OH&S risk management program, 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. These sessions covered the Health and Safety Management Arrangements, the Employee Assistance Program, the Department’s health and wellbeing program, 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: The Department received a bonus of $31,600 in respect of the 2009–10 premium, due to ongoing improvements in injury prevention and management, incident reporting, risk management and safety training. The premium for 2010–11 of 0.24 per cent of payroll costs compares favourably with the APS average premium of 1.20 per cent.
  • Employee Assistance Program: The Department continued to fund the Employee Assistance Program, which provides employees with free, confidential and professional counselling services to help resolve work and other issues that may affect their work performance. A tender process for continued provision of this service was finalised in 2009–10.

Appendix 11 Commonwealth Disability Strategy

Policy adviser role

Performance indicator # 1

Performance indicator Performance measure Current level of performance 2009–10 Goals for
2010–11
Actions for 2010–11
New or revised policy/program proposals assess impact on the lives of people with disabilities before decision. Percentage of new or revised policy/program proposals that document that the impact of the proposal was considered before the decision-making stage. All polices are assessed in relation to their compliance with legal requirements including, as relevant, compliance with the Disability Discrimination Act. All legislation is assessed in meeting Australia’s human rights obligations including under the Convention on the Rights of Persons with Disabilities. Implementing Australia’s Human Rights Framework involving work to prepare a National Action Plan on Human Rights and educating the APS on meeting human rights obligations, including the rights of people with disability.

Performance indicator # 2

Performance indicator Performance measure Current level of performance 2009–10 Goals for
2010–11
Actions for
2010–11
People with disability 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 disability. Draft Disability (Access to Premises—Buildings) Standards were tabled in Parliament in December 2009 for public consultation. The Government provided information and assistance to the relevant Parliamentary Committee to ensure that organisations representing people with disability were appropriately consulted through this process.

Decisions on Australia’s Human Rights Framework were taken after extensive consultation that was sensitive to the access needs of people with disability.

Consultation on the Access to Justice Taskforce Report was designed to encourage as many people as possible to share their views on how access to justice could be progressed. This included:

  • public forums advertised in local and national publications, and
  • capacity for submissions to be provided in writing or online.
People with disability continue to be consulted about new or revised policy/program proposals. People with disabilities will continue to be consulted about new or revised policy/ program proposals that affect them.

Performance indicator # 3

Performance indicator Performance measure Current level of performance 2009–10 Goals for
2010–11
Actions for
2010–11
Public announcements of new, revised or proposed policy/program initiatives are available in accessible formats* for people with disability in a timely manner. Percentage of new, revised or proposed policy/program announcements available in a range of accessible formats. With the Government’s endorsement of the Web Content Accessibility Guidelines (WCAG 2.0), new departmental guidelines have been drafted and endorsed to ensure compliance. Some legacy items on websites will be assessed as part of the stocktake recommended by the Australian Government Information Management Office’s (AGIMO) WCAG 2.0 Transition Strategy. The Department will work towards the middle level of compliance WCAG 2.0 (Double A), in accordance with the guidelines. The work will be conducted over four years, starting in 2010, as outlined by AGIMO’s WCAG Transition Strategy. Stocktake and other preparatory work relevant to implementing WCAG 2.0 in the 4-year timeframe.

Consideration may be given to releasing hard copy publications in formats suitable to target audience, e.g. large-type, Braille.
Time taken in providing announcements in accessible formats. Announcements of new, revised or proposed policy/program initiatives are published in a timely manner.    

* 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 plain English. Other ways of making information accessible include video captioning and Auslan interpreters.

Appendix 12 Extradition and mutual assistance

Extradition matters dealt with in 2009–10 or continuing as at 30 June 2010

Extradition requests made by Australia

  2009–10
Requests carried forward 30
New requests made 19
Requests granted 13
Requests withdrawn 2
Requests refused 3
Requests otherwise finalised 0
Requests continuing 31

The following countries granted Australian extradition requests:

Country Number
Cambodia 1
Indonesia 2
Malaysia 3
Portugal 1
Peru 1
Singapore 1
Thailand 1
United Kingdom 2
United States 1

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

Country Number
Australia 8
Malaysia 1
New Zealand 1
Peru 1
United Kingdom 3

Note: one person was a dual Australian–New Zealand citizen.

People were surrendered for the following major categories of offences:

Category Number
Arson 1
Child sex/pornography offences 4
Drugs 4
Fraud/theft 3
Murder/attempted murder 1
Proceeds of crime offences 1

Note: a person may be surrendered for more than one category of offence and within each category a person may be surrendered for multiple charges.

Extradition requests made to Australia

  2009–10
Requests carried forward 38
New requests received 30
Requests granted 6
Requests withdrawn 3
Requests refused by the Attorney-General 1
Requests refused by the courts 0
Requests otherwise finalised 8
Requests continuing 50

Australia granted extradition requests made by the following countries for the following categories of offences:

Country Category of offence Number
Fraud/forgery Theft/obtaining
property by
deception
Arson Drugs Rape, assault and
other offences
against the person
Finland           1
Poland           2
United Kingdom           1
United States           3

Note: a person may be surrendered for more than one category of offence and within each category a person may be surrendered for multiple charges.

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

Country Number
Australia* 4
Canada 1
Finland 1
Poland 1
United Kingdom 2
United States 2
Vietnam 1

Notes:

* All persons had Australian citizenship. None were permanent residents of Australia.

Four persons were citizens of Australia and at least one other country.

No breaches of substantive obligations under bilateral extradition agreements have been noted by Australia.

Mutual assistance matters dealt with in 2009–10 or continuing as at 30 June 2010

Mutual assistance in criminal matters requests made by Australia

  2009–10
Requests carried forward 239
New requests made/requests reopened 182
Requests finalised 192
Requests continuing 229

Mutual assistance in criminal matters requests made to Australia

  2009–10
Requests carried forward 156
New requests/requests reopened 380
Requests finalised 373
Requests refused 1
Requests continuing 162

Comparative statistics for extradition and mutual assistance cases, 2004–05 to 2009–10

Figure 11: Extradition requests made by Australia, 2004–05 to 2009–10

Figure 11: Extradition requests made by Australia, 2004–05 to 2009–10 

Note: the figures for 2008–09 relating to requests otherwise finalised have been amended to include requests withdrawn, consistent with other years.

Figure 12: Extradition requests made to Australia, 2004–05 to 2009–10

Figure 12: Extradition requests made to Australia, 2004-05 to 2009-10 

Note: the figures for 2008–09 relating to requests otherwise finalised have been amended to include requests withdrawn consistent with other years.

Figure 13: Mutual assistance requests made by Australia, 2004–05 to 2009–10

Figure 13: Mutual assistance requests made by Australia, 2004–05 to 2009–10 

Figure 14: Mutual assistance requests made to Australia, 2004–05 to 2009–10

Figure 14: Mutual assistance requests made to Australia, 2004–05 to 2009–10 

International war crimes

Australia received three mutual assistance requests from the International Criminal Tribunal for the former Yugoslavia. These requests were finalised along with two requests carried over from the previous year.

Appendix 13 International Criminal Court

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

Section 189 of that 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 (ICC), and the impact of the operations of the ICC on Australia’s legal system.

Operation of the International Criminal Court Act 2002

The International Criminal Court Act 2002 establishes mechanisms to facilitate Australia’s compliance with its obligations under the Rome Statute for the ICC. All crimes set out in the ICC Statute are criminalised under Australia’s domestic law, and the ICC has jurisdiction only if national agencies are unwilling or unable to genuinely investigate or prosecute a case. This means Australia can investigate and prosecute ICC crimes if necessary, guaranteeing it retains primary jurisdiction over such crimes committed in Australian territory or by Australian citizens.

Operation of the International Criminal Court

The ICC Statute entered into force generally on 1 July 2002. As at 24 March 2010, 111 countries were States Parties to the Statute. The Statute entered into force for Australia on 1 September 2002.

The ICC, which is based in The Hague, is the first permanent international court capable of investigating and prosecuting the most serious crimes of international concern. Its jurisdiction is limited to the crimes of genocide, crimes against humanity and war crimes, and is confined 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. States Parties have been discussing the inclusion of the crime of aggression within the ICC’s jurisdiction through a Special Working Group on the Crime of Aggression and other informal meetings. Australian representatives have actively participated in these discussions.

Australia also participates in the Assembly of States Parties for the ICC. The Assembly’s responsibilities include electing officers to the ICC and providing management oversight of Court administration. An Australian Government official served on the Assembly’s Committee on Budget and Finance from 2003 to April 2009.

During the reporting year, Australia participated in the eighth Assembly of State Parties held over two sessions from 18 to 26 November 2009 and 22 to 25 March 2010. The eighth session reiterated the importance of the ICC to the future of international criminal justice and the fight against impunity.

During the last session, the Assembly also adopted resolutions on several issues including the permanent premises of the Court, the program budget for 2010, and establishment of an independent oversight mechanism mandating the Court to investigate alleged misconduct of elected officials and staff. The eighth Assembly also set the agenda and made preparations for the Review Conference of the Rome Statute, which was held from 31 May to 11 June 2010 in Kampala, Uganda.

The Review Conference represented the first opportunity since the Rome Statute entered into force eight years ago to amend the Statute. At the two-week meeting, international agreement was reached on a definition of the crime of aggression and provisions setting out the conditions under which the ICC could exercise jurisdiction with respect to the crime. Three new war crimes were also added to the ICC’s jurisdiction. The Rome Statute already provides that the use, in international armed conflict, of poison and poisoned weapons; asphyxiating, poisonous and other gases; and expanding bullets constitutes a war crime. The new amendments mean the use of these weapons will also be a war crime in situations of non-international armed conflict.

The ninth Assembly of States Parties will be held in New York over five days in December 2010.

The ICC is investigating situations in:

  • Uganda, at the request of the Ugandan Government
  • the Democratic Republic of the Congo, at the request of the President of the Democratic Republic of the Congo
  • the Darfur region of Sudan, at the request of the United Nations Security Council, and
  • the Central African Republic, at the request of the Central African Republic Government.

In addition, the Pre-Trial Chamber of the ICC on 31 March 2010 authorised the opening of a formal investigation in the Republic of Kenya.

The Court has now issued 13 arrest warrants in respect of persons in Uganda, the Democratic Republic of the Congo, Sudan and the Central African Republic, of which eight remain outstanding, including one for the current President of Sudan, Omar Hassan Ahmad Al Bashir.

The first trial of the ICC—against Thomas Lubanga Dyilo for crimes allegedly committed in the Democratic Republic of the Congo—commenced on 26 January 2009. The trial of a further two defendants from the Democratic Republic of the Congo—Germain Katanga and Mathieu Ngudjolo Chui—commenced on 24 November 2009. The trial of Jean-Pierre Bemba for alleged crimes committed in the Central African Republic has been postponed to July 2010. Charges against Bahr Idriss Abu Garda for alleged crimes in Darfur, Sudan were dismissed on 8 February 2010.

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

Impact of the operations of the International Criminal Court on Australia’s legal system

The operations of the ICC have to date 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 it undertakes and the number and nature of requests for assistance Australia receives.

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