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Attorney-General's Department Reports 2011-12

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ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL R

Australian Government

Attorney-General's Department

3125 ).2o12_

A T TORNEY - GENERAL 'S DEPARTMENT I ANNUAL REPORT

Director , Corporate Communications Strategic Communication Branch Attorney-General's Department

3-5 National Circuit BARTON ACT 2600

Te lephone: 61 [2) 6141 2512

Facsim ile: 61 [2) 6141 2553 Email: annual.reportraag.gov.au

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ISSN 1034-2559 ISB N : 978 -1-922032-21-8

ATTORN E Y-G ENER AL'S DEPARTMENT I ANNUAL REPORT 2011-12

Australian Government

Attorney-General's Department

10 October 2012

Attorney-Gen eral

Dear Attorney-General

Attorney-General's Department Annual Report 2011-12

In accordance with subsection 63[1] of the Public Service Act 1999, I am pleased to present the

Annual Report of the Attorney-General's Department for the year ended 30 June 2012.

I certify that this report has been prepared in accordance with section 63 of the Act and the Requirements for Annual Reports for Departments, Executive Agencies and FfvtA Act Bodies endorsed by the Joint Committee of Public Accounts and Aud it in June 2012.

These requirements state that annual reports are required to be tabled in Parliament by 31 October 2012.

Roger Wilkins AO

Secretary

iii

Contents

Letter of transmittal

How to use this report

Part 1 Overview

Chapter 1 Secretary's review

Chapter 2 2011-12 snapshot

Chapter 3 About the portfolio

Chapter 4 About the department

Part 2 Performance reports

Chapter 5 Ou r performance

Cha pter 6 Outcome 1

Chapter 7 Civil Justice and Legal Services- departmental programs

Chapter 8 Civil Justice and Legal Services-administered programs

Chapter 9 National Security and Criminal Justice-departmental programs

Chapter 10 National Security and Criminal Justice- administere d programs

Part 3 Management and accountabilty

Chapter 11 Corporate governance

Chapter 12 External scrutiny

Chapter 13 Financial management

Chapter 14 Human resource manag em ent

Chapter 15 Social equity

Cha pter 16 Ecologically sustainab le development

Part 4 Financial statements

iii

viii

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181

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211

225

237

239

c 0,.,. Tf t... c,

ATTORN EY-GENERAL 'S DEPARTMENT j ANNUAL REPORT 2011-12

Part 5 Append ixes

Reporting arrangements for the portfolio

2 Changes to Attorney-General's Department Outcome and Program structure

3 Service charters

4 Advertising and market research

5 Legal services expenditure

6 Staffing profile

7 Staff ach ievemen ts

8 Extradition and mutual assistance

9 International Criminal Court

10 List of requirements

Glossary

Abbreviations and acronyms

Index

323

325

327

329

331

333

335

339

344

350

354

357

363

367

Figures and tables

Figure 2.1: Attorney-General's Department mission and outcomes structure. 2011-12 9

Figure 2.2: Financial performance. 201 1-12 10

Figure 4.1: Organisational structure. at 30 June 2012 41

Figure 9.1: AusCheck client satisfaction survey, 2008-12 136

Figure 12.1: Planning and performance framework. 2011-12 172

Figure 13.1: Dep artmental revenues and expenses. 2010-11 and 2011-12 203

Figure 13.2: Administered expenses. 2010-11 and 2011 -12 204

Figure 14.1: Departmental staff num bers from 2007 to 2012. at 30 June 2012 212

Figure A8.1: Extradition requests m ade by Australia. 2005-06 to 2011-12 347

Figure A8.2: Extradition requests mad e to Australia. 2005-06 to 2011-12 348

Figure A8.3: Mutu al assistance requests made by Australia. 2005-06 to 2011-12 348

Figure A8.4: Mutu al assistance requests made to Australia, 2005-06 to 2011-12 349

Table 5.1: Attorney-General's Dep artment resource statement. 2011-12 54

Table 5.2: Resource summa ry. Outcome 1 -A just and secure society through the maintenance and improvement of Australia 's l aw and justice framework and its national security and emergency management system 56

Table 5.3: Services to ministers and Parliament. 2011-12 58

Table 7.1: Perform ance result s. Program 1.1 104

Table 8.1: Performance result s. Program 1.3 111

Table 8.2: Program 1.3 112

Table 8.3: Performance results. Program 1.4 116

Table 8.4: Program 1.4 116

Table 8.5: Performance results , Program 1.5 120

Table 8.6: Program 1.5 121

Table 9.1: Performance results , Program 1.2 146

Table 10.1: Perform ance result s. Program 1.6 157

Table 10.2: Administered items. Program 1.6

Table 10.3: Administered Items. Program 1.7

Table 10.4: Special Appropriations. Program 1. 7

Table 11.1: Investigation of possible non-compliance with the Legal Services Directions. 2010-11

Table 14.1: Staffing trends. 2006-07 to 2011-12

Table 14.2: Salary ranges under the department's Enterprise Agreement 2011 and

158

162

176

212

SES Remuneration Policy at 30 June 2012 214

Table 14.3: Reporting of incidents and enforcement measures under the OHS Act [1 July 2011 to 31 December 2011] 220

CONTENTS

ATTORN EY -GEN ERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Table 14.4: Reporting of incidents and enforcement measures under the WHS Ac t (1 January 2012 to 30 June 2012] 220

Table 14.5: Incidents reported to Comcare during 2011-12 220

Table 14.6: Premium rate comparison, 2008-09 to 20 11 -12 221

Table 14.7: Mechani sm of injury for accepted claims, 2008-09 to 2011-1 2 221

Table A3.1: Attorney-General"s Department charter-co mp liance with

customer service standards, 2011 -12 329

Table A3.2: AusCheck service charter- compliance w ith customer service standards, 2011-12 330

Table A4 .1: Payments to advertising, market research and other designated organisations, 2011-12 331

Table A5.1: Legal services expe nditure summ ary, com paring 2010-11 and 2011-12 333

Table A5.2 : External lega l services expe nditure summary, compar ing 2010-1 1 and2011-12

Table A5.3: Professional service providers, compa ring 2010 -11 and 2011-12

Table A6.1: Staffing by location (region]. classification and gende r - paid staff

[full-time equivalent- includes ongoing, non -ongoing, full-time and

334

part-time] at 30 June 2012 335

Table A6.2: Staffing by classification, gender, employment category and employment status-paid staff (head count] at 30 June 2012 336

Table A6.3: Staffing by location (region ]. classification and gender- paid staff

[full-time equivalent-includes ongoing, non-ongoing, full -time and part-time] at 30 June 2011 337

Table A6.4: Staffing by classif ication, ge nd er, employment category and employment status- paid staff [head count] at 30 June 2011 338

Table A8.1: International transfer of prisoners

Table A8.2: Extradition requests made by Australia

Table A8.3: Australian extradition requests granted

Table A8.4: Citizenship of people surrendered to A ustralia

Table A85 Major categories of offences for which people were surrendered

Table A8.6: Extradition requests made to A ustralia

Tab le A8.7: Extradition requests granted by Australia

Table A8.8: Citizenship of people surrendered by Australia

Table A8.9: Major categories of offences for which people were surrendered

Table A8.1 0: Mutual assistance in criminal matters requests made by Australia

Table A8.11: Mutual assistance in criminal matters requests made to Australia

344

345

346

347

vii

viii

How to use this report

This is the Secretary's report to the Attorney-General and the Minister for Home Affairs and

Justice for the financial year 2011-12. This Annual Report was prepared in accordance with the Requirements for annual reports for departments, executive agencies and FtvtA Act bodies [July 2011] approved by the Joint Committee of Public Accounts and Audit and issued by the

Department of the Prime Minister and Cabinet. The report also provides information for the community and stakeholders. The list of requirements [page 354] will direct you to where information required by legislation can be found in the report.

The Annual Report relates the department's performance for 2011-12 on the measures outlined in the Portfol io Budget Statements and the Portfolio Additional Estimates Statements for the same period.

PAR T 1 introduces readers to the Attorney-General's Department with a review of the year

from the Secretary. It also provides a description of the portfolio, the outcome -program framework and the department's organisational structure.

PART 2 reports on how the department performed during the period aga inst its ou tcome and the departmental and administered programs.

PART 3 details management and accountability processes, including corporate governance,

external scrutiny, financial management, human resource management, information and knowledge management, social equ ity impacts, and eco logically sustainable development and environmental performance processes.

PART 4 contains the audited financial statements for 2011-12.

PART 5 comprises appendixes that provide useful additional information and reports required

under specific legislation.

~ OW TO G E THIS EPOR

ATTOR NE Y -GE N E RA L'S DEPARTME NT I ANNUAL REPORT 2011-12

Overview

Chapter 1 Secretary's review 3

Chapter 2 2011-12 snapshot 9

Chapter 3 About the portfolio 31

Chapter 4 About the department 39

I 1

Se cretary's review

The yea r 2011-12 was marked by three areas of strategic focus for the Attorney-General's Department. First, the department has played an active role in supporting the Attorney-General as First Law Officer. In many respects, the department is increasingly acting as a central agency on significant whole-of-government legal issues.

Second, the department has undertaken a significant amou nt of work RogerW 1Lkins AO to ensure Australia's civil justice and national security frameworks

meet the challenges and opportunities presented by the increased use of the online environment by A ustralians in eve ryday life.

Finally, the de partment is reviewing business systems and strategic priorities to ensure we are efficient, effective and focussed in delivering the government's priorities. This agenda, set out below, is based on the department's 2012-2015 Strategic Plan, which outlines core aims and plans for the department across the next three years.

Achievements This has been a year of major achievement for the department. We have progressed work on nationally significant areas of law reform, including human rights and access to justice, and con tinued wo rk to bu ild disaster resili ence and combat terror ism, organised crime and corruption.

Supporting the Attorney-General as the First Law Officer of the Commonwealth has been one of the significant strategic shifts for the department in 2011-12. The department is working closely and collaboratively with other agencies to provide advice and assistance on significant legal issues arising in the development of government policy. This advice and assistance covers matters including constitutional law, administrative law, criminal law, international law, native title and human rights. We are working on major whole-of-government projects such as the National Disability Insurance Scheme and the Australian Government response on forced adoptions, two projects which remain significant priorities for the department.

During the yea r, the department assumed responsibility for the Australian Government's defence of the legal challenges to the plain packaging of tobacco products und er the Tobacco Plain Packaging Act 2011. Our work on Tobacco Plain Packaging included responsibili ty for the conduct

of the Commonwealth's successful defence of two constitutional challenges to the legislat ion in the High Court and leading the government's defence of the ongoing international investment treaty challenge instigated by a Ph il ip Morris subsidiary based in Hong Kong. The department also provided important assistance to the D epartment of Foreign Affair s and Trade to co nduct World Trade O rganisation dispute co nsultations w ith Ukraine and Ho nduras.

T he department also had a central role in responding to the H igh Court challenge to the validity of the National School Chaplaincy Program, Williams v Commonwealth [2012] HCA 23 [Williams]. On 20 June 2012 the High Court handed down its decision. The Court reinterpre ted the scope of the executive power of the Commonwealth, invalidating an agreement and

payments made by the Commonweal th under the Chaplaincy Program. In response to the decision, the government introduced the Financial Framework Legislation Amendment Bill [No.3] 2012 into the Parliament on 26 June 2012. The Act came into force on 28 June . It amends the Financial Management and Accountability Act 7997 to provide legislative authority covering over 450 grants and programs, including the National Sc hool Chaplaincy and Stude nt W elfare Program . Th e depa rtment will co ntinue to advise the Attorney-General in

relation to the implications of the Williams decision.

The department also implemented the Legal Service Multi-Use List, which commenced on 1 June 2012, to deliver a better and more effective framework for the procuremen t of legal services across government.

As highlighted earlier, cyber issues have become- and will rema in- a significant driver for the department. Th is work responds to the cyber 'step changeâ‘ as new information and comm unity technologies have become integral and pervasive tools of da il y life and business.

Cyber-related achievements in 2011-12, included:

" an increase in business for CERT Australia, the national computer emergency response team, in responding to a wide range of cyber attacks on government and business

" developing the Australian Cybercrime On line Report Network and the Cybercrime Strategic Framework, continued steps to accede to the Counci l of Europe Convention on Cybercrime

" successfully negotiating agreement on 15 July 2011 to an action plan to combat cyber crime at the 2011 Sydney meeting of the Quintet of Attorneys-General from United States, United Kingdom , Canada, New Zealand and Australia

" providing significant policy and international legal advice on a range of cybe r security matters

" developmen t of final terms of reference for the Australian Law Refo rm Commiss ion's review of copyright in the digital economy , issued by the government in June 2012.

The department also implemented one of the most significant micro-economic reforms in recent years when the Personal Property Securities Register commenced operations in Janua ry 2012. The design and implemen tation of a single na tional online register is the centrepiece of several years of legislative reform that culminated in the Personal Property Securities Act 2009, which changes the way security interests in personal property are registered in Australia.

Further information on the department's role and achievements is outlined in the 2011-12 snapshot in Chapte r 2. Th is snapshot il lustrates the department's broad and diverse responsibilities for law and justice, national security and emergency management, and highlights a range of significant achievemen ts in 20 11 -12.

4 PART HAP fR I SECRETAR Y'S REVIEW

ATTORNEY-GENERAL'S DEP ARTMENT I ANNUAL REPORT 2011-12

12-20 trat â‘c PI Our people have always been fundamental to this department's strength and success and this year was no exception. Early in 20 12 we agreed upon a new strategic plan to 20 15. The plan builds on the department's en during mission of achieving a just and secure society. In the plan, the department has outlined six prioriti es in achieving the aims of building a safe, secure and resilient Australia and protecting and promoting the rule of law. The six priorit ies are:

" supporting the Attorney-General as the First Law Officer of the Commonweal th

" adapting law and law enforcement in the digital economy

" promoting equity and efficiency to improve access to justice

" protecting peop leâ‘s rights

" combating serious and organised crime and corruption

" protecting national security and building resilient communi ties.

Importantly, our staff contributed greatly to the deve lopme nt of the 2012 -2015 Strategic Plan. From conception to finalisation, staff collaborated w ith execu tive and with each other, generating robust discussions and adding refinements, resulting in a strong and co hesive statement of our direction over the next few years.

The department has another challenging agenda of critical work to be delivered in 2012-13. Priorities include continued involvement in the implementation of the National D isability Insurance Scheme , coordination of the Commonwealth response to forced adoptions, the passage and implementation of significant amendments to the Privacy Act, the statutory review of the FOI Act, a range of reform s to native title law, a review of national contract law, the consolidation of anti-discrimination laws, the implementation of significant reforms to the funding and adm inistration of Federal courts and tribunals, as well as our continued lead ership conducting the Australian Government's case in the international litigation involving whaling and plain p_ackaging of tobacco.

We will also continue our work to fina lise the next National Identity Security Strategy, to provide the private sector with access to the Do cument Verification Service, continue our work to combat organise crime, and deliver an international aid strategy that promotes the rule of law in the region.

In 20 11 -12, the department comme nced a number of business reforms to ensure the departm ent is equipped to deliver its strategic priorities in the tightened fiscal environmen t that will likely prevail for some years to come. This work will continu e and be a significant driver of business reforms in 20 12-13. We are streamlining processes w ithin the department, including within our inform ation and communica tions technology area and also within business adm inistration. Such refinements will help to position us to delive r critical corporate services more effectively and efficiently. We are also working w ith portfolio agencies to ensure we collectively maxim ise opportunities for efficiencies.

Our staff have worked with commitment and dedication across a huge range of diverse subject matters that define the Attorney-Generalâ‘s Department. Th eir hard work is inspiring. I have challenged officers to be critical, strategic and focussed in their work and to think about both deve loping good policy and how to achieve and implement it. I have asked staff to work collaboratively w ith their colleagues across this and othe r po rtfolios and outside the

government. Our staff have responded w ith great enthusiasm and worked tirelessly to achieve these important outcomes for all Australians.

modernising Australia's secured

transactions law

ATTORNE Y- GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Implementing personal property securities reform

On 30 January 2012 the Personal Property

Securities Register (P PSR] and the Personal

Property Securities Act 2009 (PPSA] came into effect across Australia.

The PPSR project was a major

microeconomic reform - requiring the

departme nt to deliver complex project

m anage m ent. sign ifican t law reform ,

critical IT design and build and an ongoing

communications program. Consequently,

the project involved many areas of the

department. The overall project was

managed by PPSR Branch in Civil Law

Division. Information D ivision was actively

involved in the development of the solution at our Symo nston and Barton sites. Information

Division provided expert technical advice,

reviewed all releva nt design docum entation

and built the public-facing website. The

PPSR solution continues to be maintained

and monitored from the National Operations

Centre at Symonston by Information Division

staff. Strategic Communications Branch had

a key role in de livering the six month long

radio and print communications campaign

that accompa nied the commencement of

the Reg ister.

'The PPSR replaces nearly forty

Commonwealth, state and territory

registers that applied depending on the

relevant jurisdiction, the different types of

personal property involved and the different

legal entities involved', explains Michae l

Piotrowicz, a Senior Legal Officer in the

Business and Information Law Branch.

â‘consequently, people had to be familiar

with a range of different registers and at

least as many laws. The PPSR changes that.

As an example there is, for the first time, a

single national law and register for security

interests in motor vehicles.â‘

Wh ile the PPSR is the public face of the

reforms, its purpose is to meet the legislative

requirements of the PPSA. 'In many ways

the PPSA turns the old law on its head ', said Michae l. 'Instead of looking at the form a

transaction takes, for example financing

leases, charges and mortgages, the PPSA looks at what the transaction does. If the

substance of a transaction involves the

creation of a security interest in personal

property, the PPSA will treat it accordingly.â‘

Approx imately 6.1 million registrations

were migrated into PPSR . Since the system

wen t live in January 2012, 1.4 million new

registrations and 2.7 million searches have

been processed .

2011-12 snapshot

Our role The Attorney-General's Department serves the people of Australia by upholding the rule of law and by providing essential expert support to the Australian Government to maintain and improve Australia's system of law and justice, its national security and emergen cy ma nageme nt systems , and natural disaster relief.

Figure 2.1: Attorney-General's Department mission and outcomes structure, 2011-12

MISSION

Achieving a just and secure society

OUTCOME 1

A just and secure society through the m aintenance and improvem ent of Australianâ‘s law and justice framework and its national security and emergen cy management system

Strate ic Plan 2010-2012 The department's Strategic Plan 2010-2012 sets out its priorities in accomplishing its mission: achieving a just and secure society. The strategic plan consists of seven strategic aims supported by the planning, performance and governance frameworks and the leadership and value statements.

The department"s strategic aims are:

" improving access to justice

" enhancing national security

" combating organised crime

" improving identity and technology security

" protecting human rights and supporting Indigenous communities

" strengthening emergency management and building resilience

" enhanc ing productivity and service delivery.

The Strategic Plan can be viewed online at: www.ag.gov.au/www/adg/agd.nsf/Page/About_the_Oepartment.

Our financial erformance The total annual appropriation funding for the department for 2011-12 was $997.3 million, including $325.0 million for departmental outputs and $425.4 million for administered

expenses [see Figure 2.2l.

The department also received appropriation funding of $11.1 million in equity injections for capital projects. $89.3 million for administered assets and $86.0 million for special appropriations.

See Chapter 13 for information on the department"s financial performance.

Figure 2.2: Financial perform ance, 2011-12

9% Departmental outputs 33 324.966

!includes pervious years outputs)

Sec tion 31 receipts 4 37.66 1

Administered expenses 43 425.448

Cap ital funding 11 .063

Admi nistered assets and liabilit ies 9 89.282

Special appropriations 9 86.025

Spec ial accounts 2 22.853

43% Total 100 997.298

10 PART CHAPTER 2 I 20 11 - 12 S N APS H OT

ATTORNEY-GEN ER A L 'S DEPA RTMENT I ANNUAL REPORT 2011-12

At 30 June 2012 , the departme nt's workforce comprised 1,503 employees. Of these, 1.420 we re ongoing, 83 we re non-ongo ing, 89.9 per cent were working full-time, and 10.1 per cent were working part-time. Twenty-nine employees were also employed on a casual bas is.

The department primarily operates from Canberra where 93.6 per cent of the workforce is located. The remainder of the department's staff wo rk in New South Wales [2.7 per cent], Victoria [2.3 per cent], and regional locations throughout Australia [0.7 per cent], with the remainder located in Papua New Guinea [0.6 per cent].

The department employs a diverse workforce. Women account for 62.8 per cent of employees, wh ich is slightly above the Australian Public Service average . The workforce age profile is comparatively younger than other pub lic service agencies, w ith the majority of employees aged below forty.

The number of employees from non-English speaking backgrounds rema ins at 13 per cent of the workforce. The number of staff identifying as Aboriginal or Torres Strait Islander has increased from 1.6 per cen t to 1.9 per cent, wh il e the number of staff identifying with a disability has decreased from 1.4 per cent to 1.3 per cent.

The rate of employee-initiated turnover [including resignations from the Australian Public Service, movements to other agencies, retirements and voluntary early cessations of non-ongoing contracts] in 2011 -12 was 217, or 14.4 per cent, of employees. Th e average length of service has increased to 4.9 years, compared to 4.4 yea rs in the previous year.

Chapter 14 discusses management of the department's human resources. A full staffing profile for the department, excluding casual employees, is provided at Append ix 6.

Highlights

Strategic Policy and Coordination G roup

" The department implemented its new online procurement and payments system designed to increase the department's operational efficiency and to ensure compliance with the Financial Management and Accountability Act 1997 and the Commonwealth Procurement Guidelines. The system offers online approva ls, a new contract

register and automated accounts payab le functions [invoice scann ing and payment which eliminates the need for manual processing]. Work has also commenced on implementation of a new centralised Grants Management System [GMS]. Th is system includes online application forms, internal workflow processes and full integrat ion with the financial system. The GMS will continue to be rolled out to grant programs managed

by the department throughout 2012-13.

Civil Justice and Legal Services Group

" The department delivered a numbe r of initiatives to improve the fam ily law system 's response to family violence including the Family Law Amendment (Family Violence and Other Measures} Act 2011 and the extension of the Coordinated Family Dispute Resolution pilot until April 2013. It has also commissioned the development of a common risk identifi cation framework across the family law system to identify domestic and family violence.

" The department continued its work on promoting effective operation of the federal courts and support for an independent judiciary. The Judicial Misbehaviour and Incapacity [Parliamentary Commissions) Bill 2012 and the Courts Legislation Amendment [Judicial Complaints) Bill2012 were intr oduced into Parliament on 14 March 2012. These Bills w ill provide a clear, accountable and effective system for handling comp laints aga inst federal judicial officers.

" Th e Military Court of Australia Bill 2012 and the Military Court of Australia. These Bills will establish the Military Court of Australia under Chapter Ill of the Constitution to provide a permanent, independent and transparent system of military justice for Australia's defence forces.

" The department continued its role in leading Australia's case against Japan in the International Court of Justice, Whaling in the Antarctic (Australia v Japan}, which seeks to end Japan's wha ling in the Southern Ocean. Japan filed its written submissions in March 20 12 and the Court subseque ntly decided there would be no second round of written pleadings.

Oral hearings are likely to take place in The H ag ue in the second half of 20 13.

" In December 2011 the department assumed responsibility for the government's defence of legal challenges to the plain packag ing of tobacco products under the Tobacco Plain Packaging Act 2011. The department was involved in the preparation of the Commonwealth's case in the two constitutional challenges to the plain packag ing legislation heard by the High Court of Australia on 17-19 April 2012, and assisted the

Department of Foreign Affairs and Trade in the preparation for and conduct of World Trade Organization dispute consultations with Ukraine and Honduras.

" In October 2011, the Office of International Law hosted the inaugural Attorney-General's

Department International Law Co ll oquium with the theme 'Looking Ahead: Cross-Cutting Issues in International Lawâ‘. The Colloquium was to foster connections across the Australian internationa l law community.

" On 24 May 20 12, Australia declared the outer limits of a considerable part of its continental shelf by Proclamation under the Seas and Submerged Lands Act 1973. The Proclamation covers approximately 11 million square kilometres of continental shelf including the 2.56 million square kilometres of extended continental shelf beyond 200 nautical miles recommended by the UN Commission on the Limits of the Continental Shelf [CLCS) in 2008. It is the culmination of nearly twenty years of persistent scientific,

legal and diplomatic work by Geoscience Australia, Department of Foreign Affairs and Trade and the Attorney-General's Department with the latter leading the Australian delegation to the CLCS.

" The department led development of the Maritime Powers B ill. which was introduced into the House of Representatives on 30 May 2012. Th e Bill prov1des a single legislative framework for use by the Australian Government's on-water enforcement agencies. The Bill establishes a system of authorisations under which a maritime officer may

exercise enforcement powers in the maritime domain. The powers under the Bill will be available to enforce a diverse range of Australia's maritime laws, including in relation to illegal foreign fishing, customs, migration, quarantine and drug trafficking, as well as international agreements and arrangements at sea.

" The Human Rights (Parliamentary Scrutiny} Act 2011 commenced on 4 January 2012 and is a key component of Australia's H uman Rights Framework. The Act is ground-brea king

in establishing for the first time at the national level. a comprehensive regime for human rights scrutiny.

12 PART CHAPTER I 2011-12 SNAPSHOT

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

The department continues to implement the Human Rights Framework, including :

- Consolidation of Anti-Discrimination Laws- a discussion paper was released in September 2011 to guide consultation on the project to consolidate Commonwealth

anti-discrimination laws into a single Act. The department conducted three multi " stakeholder forums and a series of one-on-one meetings and received 240 submissions

over a four-month consultation period. The department has developed policy options for government consideration based on the outcomes of this consultation.

- National Human Rights Action Plan-an exposure draft Plan was released in

December 2011 and includes a range of actions across Australian, state and territory governments to promote human rights. The Plan will include actions that implement the recommendations from Australia's most recent UN Universal Periodic Review of Human Rights.

- Public Sector Education Program on Human Rights-the program provides the public sector with information about Australia's international human rights obligations and their role in respecting, protecting and fulfilling human rights. In 2011, training was delivered to over 700 public sector officials from thirty-five departments and agencies

across the Commonwealth.

- Education Grants-the department also provides small grants to community organisations to deliver grassroots human rights education projects for the community and vulnerable

groups. In 2011, a total of $439,663 was awarded to fund fifteen human rights education projects including human rights workshops for Indigenous children in remote communities

in the NT and self-advocacy training for people with disabilities in NSW.

- In June 20 12, the department led a high level Government delegation for

Australia's appearance before the UN Committee on the Rights of the Child in Geneva. The appearance provided the Government with the opportunit y to set ou t Australia's

record and achievements in implementing our commitments under the Convention

and its Optional Protocols on the involvement of children in armed conflict, the sale of

children, child prostitution and child pornography.

- The Australian Human Rights Commission Amendment [National Children :S

Commissioner/ Act 2012 commenced on 1 July 2012. The Act establishes a National

Children's Commissioner within the Australian Human Rights Commission.

The National Children's Commissioner will be the first dedicated advocate focused

on the human rights of children and young people at the national level.

" In January 2012 the department implemented one of the most significant micro-economic reforms in recent years with the commencement of the Personal Property Securities Register. The PPSR is the centrepiece of legislative reform that has been undertaken over

many years culminating in the Personal Property Securities Act 2009. The law represents a significant change to laws on the way personal property is used as security in Australia. See page 6 for a case study on this project.

" The Commonwealth appearance before the Queensland Floods Commission of Inquiry

in ~011 was coordinated by the Office of Legal Services Coordination [OLSC]. This

included managing the Commonwealth legal representation and instructing sen ior counsel. As the terms of reference of the inquiry were broad, and the inquiry heard detail ed technical evidence, liai son with a range of agencies was required.

1 13

" The department progressed a number of reforms based on the recommendations of the Report of the review of Commonwealth legal services procurement by Anthony Blunn AO and

Ms Sibylle Krieger and the Lateral Economics report, Learning from expenence : purchasing legal services, includi ng the implementation of the Legal Services Multi-Use List [LSMUL]

which commenced on 1 June 2012. The LSMUL provides a single streamlined list for

purchasing legal services, and provides an important portal for sha ring information about legal services purchasing experiences at a whole-of-government level. From 1 June 2012, the LSMUL began to replace the existing system of individual pane l arrange ments established by departments and agenc ies. See page 18 for a case study on this project.

" In support of the Australian Government's microecono mic reform agenda, the Attorney-General completed a public consultation on the scope to reform Australian contract law. The consultation process concluded on the 20 July 20 12, and was facilitat ed by the release of a discussion paper seeking feedback on the performance of our contract law system, a series of twelve information leaflets [infoletsl on current issues in the law, an online survey to capture data on experiences with contract law as well as stakeholder forums in Sydney and Melbourne. Information gathered through the consultation process is be ing used to determine the need for reform of contract law.

" On 24 June 20 12, the World Intellectual Property Organization [WIPO) Diplomat ic Conference on the Protection of Audiovisual Performances concluded the WIPO Audiovisual Performances Treaty, known as the Beijing Treaty on Aud iovisual Performan ces. The department is the lead agency for the negotiations. An officer from the department represented Australia and signed the Final Act of the Diplomatic Conference, concluding the final text of the treaty.

" On 21 June 2012, the Australian Government issued final terms of reference to the Australian La w Reform Commission [ALRC) for a review of digital copyright exceptions. Draft terms of reference were made available for public consultation. Th e final terms of reference ask the ALRC to examine the adequac y and appropriateness of a broad range of exceptions in the Copyright Act and will allow the ALRC to address the key challenges to innovation and the digital economy in the copyright arena.

" A Memorandum of Understand ing on Legal Cooperation w ith China was signed providing a framework for promoting closer engagement and greater mut ual understanding across

the wider law and justice sectors of Australia and China.

" During the reporting period the Classification [Publicati ons, Films and Computer Games ) Amendment [R18+ Comput er Games) Bill2012 w as passed by both Hou ses of Parliament. The R18+ Computer Games Bill provides for an R18+ category for computer games in the National Classification Scheme [NC S). Th e Bill commences on 1 January 20 13.

" A number of reviews of the NCS were finalised during the reporting year, including a review by the ALRC. This review was important given the changes in technology, me dia convergence

and the amount of classifiable content available to consumers. The ALRC provided its final report to the Attorney-General on 29 February 2012 and the repo rt was tabled in

Parliament on 1 March 2012. An independent Convergence Review Comm ittee, established by the Department of Broadband, Communications and the Digital Economy [DBCDE).

also completed its review of communications regulation in light of media convergence. Th e government is considering its response to the recommendat ions of both reviews.

14 PART T CHAPTf:R '-I 2011 -12 SNAPSHOT

ATTORN E Y -GENERAL'S D EPARTMEN T I ANNUAL REPORT 2011-12

" The department completed its review of classification fees with new fees coming into effect when the Classifica tion (Pub lications, Films and Computer Games] Regulations 2005 received Royal Assent on 1 September 2011. The fees were the result of lengthy development work and consultation with industry. A copy of the Cost Recovery Impact Statement is available on www.classification.gov .au.

" The Classification Operations Branch Records Administration (COBRA] system is the workflow managemen t system used by the department to support the Classificat ion Board 's processes. De velopment of COBRA continued through 2011-12 with a num ber of major items being completed includmg Authorised Assessor Module, Film Festival and Call-In modules. These modules will provide greater assistance in the management of workload including improving the provision of management information and automation of some processes.

" On 16 September 2011 the former Minister for Justice, the Hon B rendan O'Connor,

launched a new 2D and 3D Digital C inema at the Classification Branch's Sydney premises. The digital cinem a was the result of a complex procuremen t process and underlined the

department's efforts at ensuring state of the art facilities for the Classification Board.

" The department implemented a new wo rkplace hea lth and safety policy specific to the needs of members of the Classification Board(s] and APS staff exposed to high impact ma terial wh ile conducting or supporting the classification process.

" The department supported the Attorney-General in deve loping changes to federal court

fees for announcement in the 2012-13 Budget that would provide an overall increase in revenue of $72.7 m illion over four years. The department continues to progress the details of the final fees package, in close consultation with the federal courts.

" In May 2012, the department engaged a German mediator training organisation to provide training to a select group of senior Family Dispute Resolution practitioners from key organisations around Australia, including Legal Aid Commissions and the Family Court

of Aus tralia. The training is a first step in building a properly qualif ied workforce as pa rt of the department's aim to introduce mediation into Hague Convention abduction and

access matters.

" The department continued to promote the Access to Justice Framework which aim s to improve access to justice for all Australians. The Access to Justice (Federal Jurisdiction] Bill2011 was introduced into Parliament on 23 November 2011. The Bill implements a number of measures which will increase the flexibilit y of courts and tribunals to deliver access to justice. The department has also developed the Trans-Ta sman Proceedings

Regulation 2012 which, once it enters into force, w ill streamline procedures for legal proceed ings and enforcement of orders and regulatory fines between Australia and New Zealand. In addition, the department has developed with the Na tional Alternative Dispute

Resolution Advisory Council (NADRAC] a joint publication, Your guide to dispute resolution , which contains readily accessible, useful i nformation about alternative dispute resolution

(ADR] and gives practical tips on using ADR.

" Fo llowing the department's comm itment to remove discrimination, between late 2011

and â‘ early 2012 the department liaised with the Department of Foreign Affairs and Trade to revise the policy on Certificates of No Impediment [CN I) for same -sex couples. The Attorney-General issued a media release on 27 January 2012 to the effect that Australians seeking to enter into a same-sex marriage overseas could apply for a CN I to marriage

from 1 February.

I 1s

" The department continued to progress work to implement the Australian Government's 2011 Budget announcement to reform and improve the Marriage Celebrants Program

through cost recovery. The department conducted seventeen national consultations in October and November 2011. Following the national consu ltat ions, and consideration of approximately 280 written subm issions, a summary of the feedback provided to the department was made available on the department's webs ite. New 'Guidelines on the Marriage Act 7 96 7 for Marriage Celeb rantsâ‘ were developed and published in February 20 12 as a key resource for all marriage celebrants. The first phase of the Marriage Celebrants Program 'MarCel' database was deve loped which w ill allow more efficient management and reporting of the marriage celebrants program. In support of our move toward a paperless office, the scanning of approximately 14,000 marriage celebrant files by Lexdata was completed, which means all marriage celebrant files are now managed electronically .

" The department conso lidated its ex isting legal financial assistance schemes to ensure a more effective and equitable distribution of limited funds. Ne w guidelines provide a unifying set of grants administration processes across the schemes and establish the Disbursement Support Scheme to expand eligibility for financial assistance and to provide

increased support for pro bo no legal work.

" Three-year funding agreements were put in place from 2011 -12 w ith eight Ab original and Torres Strait Islander legal services. The new funding arrangements align w ith the National indigenous Law and Justice Framework (2009-2015). the Access to Justice Framework [2009]. the National Partnership Agreement on Legal Assistance Services (201 0) and Closing the Gap [Safer Communit ies, 2008). The Aboriginal and Torres Strait

Islander legal services now have greater flexibility to de liver early intervention work and determine their ow n service footprint based on local knowledge of whe re the need is and wha t works in their respective commu nities. The new arrangements also streamline reporting and reduce red tape.

" The department commissioned a review of Commonwealth funded legal assistance services, which will help to ensure the delivery of the most efficient and effective legal assistance services to those most in need. The review is a collaborative project between the Commonwealth, states and territories and will involve extensive consultation with service providers, namely legal aid commissions , community legal centres, Aboriginal

and Torres Strait Islander legal services, and family violence prevention legal services. The review is due for completion by 30 June 2013.

" A National Family Violence Prevention Legal Services Fo rum was established in 201 1-12. The forum brings together fam ily violence prevention legal service organisations and provides input to policy and service delivery issues.

" The department comm issioned two projects relating to the Fam ily Violence Prevention Legal Services Program- a financial control audit and financial viability assessment of funded organisations, and an overall review of the program. Findings from both reports will be implemented and reported on in 2013. The findings of these reviews will feed into

the review of Commonwealth legal assistance services.

" In June 2012 , additional one-off funding totalling $1 .28 1 m illion was provided to twenty-four Commonwea lth funded organisations under the Co mmunit y Lega l Services Program for a range of purposes, including sector suppo rt and helping to meet demand.

16 PART CHAP~ER 2 I 2011-12 SNAPSHOT

AT TORNEY-GENE RA L'S DEP AR TME NT J ANNUAL REPORT 2011-12

" The department worked with other Australian Government departments to design the Stronger Futures in the Northern Territory initiative , w hich was subsequently announced in the 2012-13 Budget and for which legislation was enacted in June 2012.

" The Attorney-General announced a range of legislative and institutional reforms during the year to exped iate native title claim resolutio ns and improve outcomes for all stakeholders.

" During the year, the Commo nw ea lth was a party to ten consent determ inations of native title.

National Security and Criminal Justice Group

" The depa rtment has led the Australian Government's involvement in implementing the National Strategy for Disaster Resilience. Th ere is a wide range of implementation activities currently underway across all juri sdictions to promote disaster resilience. Significant progress has been made across the Strategy"s seve n Strategic Priorities, including: reaching agreement on a nationally consistent methodology for disaster risk assessment s; developing the National Work Program for Flood Mapping; revising the Volunteer Action Plan; developing a National Disaster Resilience Communicat ions Plan; com pleting a review of the effectiveness of relief and recovery payments; and enhancements to the surge capacity of Triple Zero. See page 28 for a case study on the Triple Zero project.

" Building on the success of the inaugural Critical infrastructure Resilience [CIR) Conference in 2011 , the second CIR Conference was held on 15 and 16 March 20 12 in Sydney. Bringing together stakeholders from private and public sectors, the popular event addressed the theme 'CIR: Expect the unex pectedâ‘, which explored the attributes of organisational resilience. Research Paper 1: CEO perspectives on organisat ional resilience was launched at the conference by the Secretary, Roger Wilkins AO. The first in a series of research papers on organisational resil ience being deve loped under the CIR Strategy, it has received national and international interest and acclaim.

" The final primary policy documents from the review of protective security policy were released in July 2011. Th e new policies covered information and physical security, and included the new security classification system. The new information security policy shifts the focus from docum ent hand ling to informa tion security management. wh ile the physica l securit y policy provides improved guidance on protecting agg rega ted data sets, including electronic system s, and cultur al assets. Overa ll, the new Protective Security Policy Frame work will delive r greater consistency in the use of protective security standards an d terminology; and more active manag em ent of risk, focusing resources on the areas of greatest conce rn while at the same time increasing the flexibili ty and

scalability needed in modern communications processes for government business and service delivery . Implementation of the new policies commences in August 2012, w ith agencies providing their first compliance report to their ministers in Augus t 201 3.

" The department lea d an inter-jurisdictional review of the National identity Security Strat~gy. Th e work provides an assessment of progress in implementing the initial

strategy and proposes a work plan for the Commonwealth and states and territories to

progress to further implement the Strateg ies' objectives.

117

greater collaboration and information sharing across whole of government

ATTORNE Y -GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Implementation of the Legal Services Multi-Use List

Following the release of the Blunn Krieger

and Lateral Economics reports, the

government committed to finding better

and more efficient ways to manage the

Commonwealth's legal services, including

throug h the development of a new

purchasing framework for lega l services "

the Lega l Services Multi-Use List (LSM UL].

'The LSMUL aims to better leverage the

Commonwealth's significant pu rchasing

power, reducing barriers to entry in the legal

market which exist by the nature of panel

arrangements. Importantly, the LSMUL

provides a portal for information sharing at

a whole-of-government level.â‘ says Emma

White, who manages the Legal Services

Reform Section within the Office of Legal

Services Coordination.

'Th e framework has been designed in

consu ltation w ith the Genera l Counsel

Working Group and we are grateful for

the support of a wide range of officers

both within the department and across

government who have helped to bring the

LSMUL to life.'

We've developed a custom-designed

information technology system w hich is

currently supporting over 570 officers

across government. Those officers now

have access to information about 66 service

providers appointed to the LSMUL. They

can now draw on the experiences of their

colleagues in other agencies when deciding

which law firm is going to offer them the be st

va lue for their dollarâ‘.

â‘ some departments and agencies, including

the Attorney-General's Department, have

started using the LSMUL. Othe rs who

have existing pane l arrangements have a

transition period of 12 months until they must

use the LS MUL. Commonwealth companies

and government business enterprises can

also opt-in to the ce ntralised framework.â‘

Emma sees enormous potential for

greater collaboration and information

sharing at a who le-of-government level

both through the LSMUL, and through the

Australian Government Legal N etwork being

established in 2012-13. 'It's an exciting time

to be an Australian Government lawyer'.

I 19

" The use of the Document Verificat ion Service continues to grow among Australian Government and state agencies and a number of government agencies are preparing to become users. The 2012 Budget decision to allow use of the system by the private sector

has increased interest in use of the system.

" 2011-12 was a year of co nsolidation for CERT Australia, the nation al computer em ergency response team, as it sought to strengthen further its partnerships w ith industry and government partners and with international coun terparts. The C ERT engaged with a wide range of sectors on cybe r security issues-notably the finance, mining and public utilit ies sectors. It again facilitated industrial control systems training in the United States of Amer ica for Australian industry representatives, in coll aboration with the US Department of H omeland Security.

" CERT Australia also co ntinued to build its relationships with academic institutions, particu larly Edith Cowan University and the Queensland University of Tech nology, and as a government partner in the inaugural Cyb er Defence University Cha llenge. On the international front, C ERT Australia achieved memb ership of two prominent CERT groupings-the Asia Pacific CERT [APCERT ) and the Forum for Incident Respon se and Security Teams- and was elected to the Steering Comm itt ee of APCE RT.

" Most states in Australia were impacted by natural disasters during 2011 -12. The depa rtment responded to forty-two natural disasters across Australia including severe storms and cyclones in many areas of Australia; flooding in Queensland , New South Wales and Victoria; and bushfir es in Western Australia. In response, the department coo rdinated whole-of-gove rnm ent crisis management suppo rt including coordinating the provision of physical assistance and the provision of information and

crisis situationa l awareness nationwide.

" The department also played a significant role in financially supporting impa cted comm unities and jurisdictions through administration of the Commonweal th-State joint N atural Disaster Relief and Recovery Arrangements [NDRRAl. the Australian Government D isaster Recovery Payment [AGDRP) and ex gratia payments.

" The department successfully coordina ted whole-of-government security arrangemen ts for the Commonwealth Heads of Government Meet ing in Perth, including a visit by H er Majesty The Queen and a later visit to Australia by the President of the Un ited States of Ame rica.

" The department promoted the rule of law and effective governance in As ia-Pacific and Africa by building the capac ity of law and justice officials in partner cou ntries and supporting the deve lopment of effective laws and legal policy.

" For the first time, the department posted an officer to the Australian Embassy in Jakarta to advance the department's work in Indones ia, particu larly the rule of law aid program to counter terrorism.

" The department continues to deploy officers to Papua New Guinea under the Strongim Gavman Program [SGP]. in which the department has the largest contingent with twelve positions in the law and justice [nonpolicing) sector. In 2011-12. the department's SG P advisers in the Office of the Pub lic Prosecutor assisted in the establishment of a family

and sexua l offences unit.

CHAPTER L I 2011 -12 SNAPSHOT

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

" In 2011-12 the department led the review of Australia's compliance with Chapters 3 and 4 of the United Nations Convention Against Corruption. The review was conducted by a team of experts from the United States and Turkey and facilitated by the United

Nations Office on Drugs and Crime. The review found Australia has a comprehensive and proactive approach to combating corruption, and recommended continue d progress on a range of important anti-corruption initiatives, such as the development of a National

Anti-Corruption Plan.

" Attorneys-G eneral from the United States, Un ited Kingdom, Canada , New Zealand and Australia agreed to an action plan to combat cyber crime at the 2011 meeting of the Quintet of Attorneys-General held in Sydney on 15 July. The department worked closely

w ith officers from the other Quintet nations to develop the cyber crime agenda for the Quintet meeting.

" The department, in consultation with nineteen other Australian Gover nment agencies, led

the development of a Commonwealth Organised Crime Compendium. The Compendium

was a 2010 election comm itment, and is a reference resource for policy and operational officers in Commonwealt h agencies involved in combat ing organised crime, cataloguing

the different tools at their disposal.

" The department has been leading work across government and with industry stakeholders to develop and implement new measures to address organised crime in the maritime industry and the vu lnerabilities identified by the multi-agency taskforce

Operation Polaris. These measures include a proposal to use the Australian Crime Comm ission's criminal intelligence holdings when assessing individuals' suitability to retain Aviation and Maritime Security Identification Cards and customs broker, depot and

wa rehouse licences.

" The department developed the Crimes Legislation Amendment Act (No 2} 2011 to support

the imple me ntation of the recently established Criminal Assets Confiscation Taskforce by enabling the Commissioner of the Australian Federa l Po lice to undertake proceeds

of crime litigation on behalf of the Taskforce. The legislation also brought the A ustralian Customs and Border Protection Service within the jurisdict ion of the Australian Commission for Law Enforcement Integrity on a who le-of-agency basis.

" The Crimes Legislation Amendment (Powers and Offences} Act 2012 implemented a series

of reforms as part of the department's ongoing commitment to combating crime. These measures enab le the Australian Crime Commission to more effectively share

information with other Australian, state and terri tory government agencies, enhance in.ternationa llaw enforcement cooperation on DNA. and en han ce the Commonwealth's

proceeds of crime regime to ensu re the Criminal Assets Co nfiscation Taskforce can fully

utilise specialist expertise.

" In addition, schedule 7 of the Crimes Legislation Amendment (Powers and Offences} Act 2012 amen ded the provisions relating to the release and pa role of federal offenders under Part 1 B of the Crimes Act 1914. The amendments come into force on 4 October 2012. On that date, the release on parole of all federal offenders serving sentences of imprisonment in relation to which a nonparole period has been set will be discretionary [not automatic!. In addition, the current five-year maximum parole period and the three-year maximum term for parole supervision will be abolished. Instead, the parole period will generally end on the day the offender's sentence expires and the supe rvision period may extend to the end

of the parole period.

" The department led negotiations on behalf of Australia with the US Department of H omeland Security on a Memorandum of Understanding [MoU ] on Enhancing Cooperation in Preventing and Combati ng Crime. Un der the MoU, both countries will be able to crosscheck biometric data such as fing erprints and DNA and, in the even t of a match, request further informa tion from the other co untry.

" Th e department led neg otiations on behalf of Australia with the New Zealand Ministry of Justice and New Zealand Police on an MoU for the exchange of criminal history information for emp loyment vetting purposes. The MoU establishes a six month trial between Queensland and New Zealand in order to develop more streamlined and systematic processes for employers to obtain criminal history information on employees/potential employees. The trial commenced on 2 July 2012.

" On 22 June 2012, the Australian Government released its response to the recommendations of the New South Wales Coroner followi ng the inquest into the death of Ms Dianne Brimble. The department led the development of the government response and gave detailed co nsideration to the recommendatio ns, including seeking inpu t and ad vice from other Australian Government agencies with responsibil ity for, and expertise in, matters relating to the maritime sector.

" The department took a leadership role in collaborating with states and territories to develop a national response to firearms crime. The response includes a range of activities to tackle the illicit use and traff icking of fir earms and was agreed by the Standing Council on Police and Emergency Management in June 2012.

" The department has taken a significant role in deve lop ing a national response to the issue of the new classes of synthetic drugs emerg ing onto Australian markets [known

collective ly as 'new psychoactive substances'). Th ese include synthetic ca nnab is products such as 'spiceâ‘. The departme nt produced a discussion pape r outlining principles for responding to new psychoactive substances, and is currently developing a detail ed options paper that will be considered by Australian governments late in 2012.

" The department. working closely with the Depa rtment of Hea lth and Ageing , successfully introduced a Resolution at the 55th session of the Un ited Nations Comm ission on N arcotic Drugs in Vienna in March 2012. The Reso lution raised international awareness of the issue and promoted a program of international coope ration in respond ing to new psychoactive substances.

" The depa rtment continued to provide Secretariat support for the Precursor Advisory Group and the Precursor Industry Reference Group. to assist in their work of implem enting the N ational Precursor Chemica l Control Framework to promote nationa l consistency in the control of precursor chemicals.

" The department developed the Crimes Legislation Amendment [Slavery, Slavery-like Conditions and People Trafficking] Bill2012. The Bill will ensure that the broadest range of exp loitative behaviour is captured and criminalised , including by introducing new offences of forced labour, forced marriage, and harbouring a victim; and by clarifying existing offences and their definitions to en hance operational effectiveness . The Bill also increases the availability of reparation orders to individual victims of

Commonweal th offences, including people trafficking. The Bill is currently before the Parliament .

CHAPTER L I 2011-12 SNAPSHOT

ATTORNEY-GEN ERA L'S DEPAR TMENT I ANNUAL REPORT 2011-12

" In November 2011, the department coordinated a visit by the U nited Nations Special Rapporteur on Trafficking in Persons, especially women and children, Dr Joy Ngozi Ez eilo. In her report, tabled at the 20th session of the UN Human R ights Council in June 2012 , the Special Rapporteur recognised A ustral ia as a regional lea der in combating traff icking, and our strong working relationship with civil society. In kee ping with the Special Rapporteur"s recommendation s, the department will develop a formal action plan to support Australiaâ‘s Strategy to Combat People Trafficking .

" In response to legal challenges brought against the people smuggling offences, the department developed the De terring People Smuggling Act 2011. The Act amended the Migration Act 1958 to clarify the meaning of the words â‘no lawful right to come to Australiaâ‘ contained in the people smuggling offences, commencing retrospectively from

16 December 1999 to ensure the continued effective ope ration of the offences. The Act received Ro yal Assent and came into force on 29 November 2011 .

" T he departme nt reviewed the cases of the twenty-eight persons convicted of people

smuggling offences w ho raised age at some point prior to conviction. The review considered further information wh ich was not available when those persons claimed to be minors. As a result of the review, fifteen persons were released early on licence on the basis that there was a doubt they ma y ha ve been minors on arrival in Australia.

" The departmen t continued to progress review of counter-terrorism laws, including

through engaging with the Independent National Security Legislation Monitor, whose first report was tabled during the reporting period.

" Legislation wa s passed to implem ent outstanding obligations under the Internat ional Convention for the Suppression of Ac ts of Nu clear Terrorism. The passage of this

legislation, and Australiaâ‘s subsequent ratificat ion of the Conven tion , was an important part of strengthening the legal framework to fight terror ism.

" Legislation to provide for financial assistance to Australian victims of terrorism overseas was also passed by Pa rliam ent.

" The Intelligence Services Legislation Amendment Act 2011 was passed by Parliament,

continuing the work on achieving more seam less coordination and information sharing between agencies.

" In consultation with intel ligence, security and law enforcement agencies, the department

developed further law reform proposals aimed at ensuring agencies are adequate ly

eq uipped to perform their functions in a changing technological environment, with appropriate safeg uards and accou ntab ilit ies. Th e Attorney-General referred a package of proposals to the Parliame ntary Joint Committee on Intelligen ce and Security for public inquir y, which was in progress at the end of th e reporti ng period.

" In conjunction with state and territory and industry partners. the department made signif icant progress towards achieving the securit y outcomes agreed by the Council of A ustralian Governments [CO AG] within the chemica l security management framework.

This included comp letion of an add itional fifteen chem ical security risk assessments and ongo ing targeted engagement with governments and industry to build awareness

of national security risks associated with chem icals. The department also undertook a regulation impact analysis process in relation to risk treatment measures to

address national security risks associated with the eleven precursor chemicals to

homemade exp losives.

I 23

" In October 2011 the department launched the Resilient Communities w ebsite, www.resilientcommunities.gov.au, which informs the public about w hat communities and the Australian Government are doing to reduce the risk of home-grown terror ism by addressing factors that make pe ople vulnerable to extremist influences. It is a platform for sharing ideas and generating discussion about Australia's approach to countering violen t extremism.

" Twent y-nine community organisations across the country received funding to a total of $2.8 million through the Building Community Resilience grants program . The third round of the Building Community Resilience grants program was launched in February 2012 and is focused on empowering communities through education and capacity building to resist and challenge violent extremist influences.

" The department worked across government to prepare a Discussion Paper for the Parliamentary Joint Committee on Intelligence and Security to assist the Committee in its consideration of a packag e of nationa l security ideas including reform of the telecommunications intercept ion regime.

" The department has worked closely with the national security community to achieve substantial progress in the development of the firs t National Security Capability Plan. The Plan is due to be finalised over comi ng months. This w ill present the first unified picture of the current capability that exists across the non -Defence national security community.

Areas for improvement " Information and commu nication technology efficiencies will be identified and implemented to suppo rt more effective achievement of the department's objectives.

" Implementing the Australian Government's digital information and record managem ent policy.

" The department is redesigning its website to improve accessibility and useability.

" The departmen t continues to work with other Australian Government agencies to support better comp liance with the Legal Services Directions 2005.

" Work will continue to identify and promote measures to improve Commonwealth legal assistance service delivery. This includes measu res for better delivery of information and services, early intervention to prevent esca lation and the promotion and use of alternative

dispute resolution.

" The risk assessment approach to the admin istration of Aboriginal and Torres Strait Islander legal services will be further refined as funded organisations start to fully utilise the Indigenous specific legal services portal.

" On completion of the Fam il y Violence Prevention Legal Services Program review, the department will work with funded organisations to develop and implement strategies to address the review's recommendat ions. The findings of these reviews will feed into the review of Commonwealth legal assistance services.

" The department will continue to work towa rds progressing the reforms to strengthen the services delivered to and regulation of Commonwealth-registered marriage celebrants and improve the professiona lism of marriage ce leb rants.

24 PART CHAPTER ~ I 2011-12 SNAPSHOT

ATTORNEY-G E NERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

" The department will continue to work closely with state and territory human and community services departments. the National Intercountry Adoption Advisory Group, overseas program partners and other stakeholders to respond to the changing global context of intercountry adoptions. Key challenges includ e changes in the numbers and characteristics of children referred for intercountry adoption and the need to ensure that Australia's intercountry adoption programs operate in an ethical and sustainable manner.

" Consideration is being given to ways in which the Commonwealth's serious drug offences framework could be updated and better adapted to respond to threats in the illicit drug market.

" Th e department will continue to work on enhancements to law enforcement integrity, including through the introdu ction of legislat ion to allow targeted integrity testing within the Australian Crime Commission , Australian Federal Police and Australian Customs and Border Protection Se rvice, nn d the extension of the Australian Commission for Law

Enforcement Integrity 's jurisdiction to encompass AUSTRAC, CrimTrac and Biosecurity staff within the Departme nt of Agriculture, Fisheries and Forestry.

" The department will continue to lead Commonwealth policy on fraud control arrangements. which is particularly important in a climate of growing fraud and corruption risk.

" Consideration is being given to whether Australia's regime to combat foreign bribery regimes can be enh anced. The department will continue to work with industry to progress this goal.

" In consultation with stakeholders. the department will lead the development of a formal action plan to support Australia's Strategy to Combat People Traffick ing.

" Th e departmen t continues to implement the CIR Strategy in partnership w ith owners an d operators of Cl through a range of initiatives and activities to assist in building resilient critical infrastructure and greater assurance in the continuity of essential services.

" The department will con tinue to support and provide advice to protective security policy stakeholders as they adopt the new policies. The department will also continue its work with state and terri tory first ministersâ‘ departments to promote the Protective Security Policy Framework as a better practice framework.

" The review of the National Identity Security Strategy showed that there is still considerable

work to be done with Australian Government agencies and states and territ ories to improve identity security and reduce identit y crime and misuse.

" Th e department continues to improve whole-of-government cooperation in the de livery of securit y arrangements for Australian high office holders. visiting foreign dignitaries. the foreign diplomatic community in Australia and for major events. In its capacity as the lead agency for these matters. the department. in conjunction with the Australian Federal

Police . Australian Security Intel ligence Organisation and the Depar tment of Foreign Affairs and Trad e, is wo rking to reform the Commonwealth's approach to risk management as a key tool for the provision of security arrangements.

" Th e departmen t will continu e to wo rk with states and territories to ensure the NDRRA is targeted appropriately. Tw o areas of focus for the NDRRA will be Category C measures which support communities and sectors seve rely impacted by a natural disaster, and betterment-improving the disaster resilience for an essential public asset.

" The depa rtmen t continues to work on improving the national capacity and capability to respond to crises. This includes through improvements to information sharing arrangements. revision of N ational Plans, and streamlining the processes for rapidly concentrating and deploying elements of emer gency ca pability in response to disasters.

both dome stically and internatio nally.

" The department w ill develop and implemen t a Rule of La w A id Strategy to advance and facil itate coordinated and effective delivery of Australia's Rule of La w aid priorities.

" Th e department will develop and implement a Departmental International Strategy to ad vance its work internationall y in line with who le-of-government priorities.

" The department is continuing to co ndu ct chemical secu rit y risk assessments for the remaining chem ica ls of security concern unde r an agreed streamlined process, wh ich acknowledges the need to continue to work w ith industry stakeholders more efficiently.

" The Chemical Security Website w ill be redeve lope d to provide industry and the comm unity with greater resources to address national security risks associated w ith precurso r chemica ls to homemade explosives.

" Th e existing industry and community awareness campaign for chemicals of security concern is to be refreshed and updated to reflect developments in the chemical secu rity work to date.

" Australia is continuing its steps in its proposed accession to the Council of Europe Convention on Cyberc rime.

" The department will suppo rt the Parliamentary Joint Committee on Intelligence and Security's inquir y into potential reforms of nationa l securit y legislation.

" The department will continue to progress options for the deve lopme nt of a N ational

Security Fu sion Capability to ensure all relevant information is captured. fused, ana lysed and disseminated in a timely way across border security, law enforcement and intelli gence agencies to help combat organised crime and terrorism.

26 PART 1 I 2011-12 SNAPSHOT

. I I :-.

I . I ....

.. I :- :- . . .

improving the capacity to handle call surges

during disasters

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. . . . . . .

. . . I : :

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Bettina Collins. National Security Resilience Policy Division .

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011 1 2

Improving Triple Zero surge capacity

Triple Zero (000] is in its fifty-first year of

operation as Australia's primary national

emergency number for police, fire and

ambulance.

'I commenced work on Triple Zero (000]

in the Emergency Management Policy

Branch in January 2011, during the height

of the devastating Queensland floods',

said Bettina Collins, Assistant Director of

Em ergency Commu nications and Recovery

Policy Section.

Following the 2009 Victorian bushfires,

ministers considered the operation of

Triple Zero in disasters. The Emergency

Management Policy Branch established a

national Triple Zero Work ing Group in 2009.

â‘our task was to take forward resolutions from the now Standing Council on Police

and Emergency Manag eme nt, w ith the goal

of improving the capacity of Triple Zero to

handle the surge in calls during disastersâ‘.

said Bettina.

The Victorian Bushfires Royal Commission

concluded that, in part. there was a

bottleneck created as a result of Telstra

Triple Zero operators being unable to

put through calls to state and territory

emergency service organisations. Bettina

said, 'We have learnt that there may never

be enough call takers to handle all the calls

in a major bushfire disaster, so innovative

ways to ensure greatest effic iency needed

to be identifiedâ‘ .

Longer term interoperability across

emergency service operators has been a key focus of the work, given the increasing trend

toward more extreme weather events that

~ffect multiple jurisdictions simultaneously.

An essential component of my work has

been close collaboration with the states and

terri tories to ensure greater commonality

of practices and equipment', said Bettina.

'This will ideally lead to interoperability within

and between jurisdictions, providing an

opportunity in the future to share increased

call loads during disasters, leading to greater resilience of Triple Zero nationally.â‘

'Another essential component of the

work has been around raising community awareness on the appropriate use of Triple

Zero and the availability of information sources that the public can access in

disasters. A key body of work has been

the adoption of national State Emergency

Services [SES]132 500 and Police Ass istance 131 444 numbersâ‘. Bettina said.

'I have really enjoyed engaging with the range

of stakeholders from the Commonwealth

states and territories, together with Telstra.

in policy development for such a nationall y

significant serviceâ‘. said Bettina. 'The

work has been really varied and included managing a Consultancy to identify current

and best practices. and creating online

surveys for jurisdictions to provide their

technical and operational information. â‘

I 29

About the portfolio

The Attorney-General's portfolio The Attorney-General's Department leads a portfolio that provides expert advice and services

on a range of law and justice issues to the Attorney-General, the Minister for Home Affairs

and Justice and the Australian Government.

The portfolio encompasses a diverse range of responsibilities as listed below. By providing high quality and we ll-coordinated advice. the Attorney-General's Departmen t and the portfolio

contribute cooperatively to the Government's long-term reform agenda for a stronger, fairer

and more secure Australia.

Portfolio ministers Attorney-General

Minister for Emergency Management

The Hon Nicola Roxon MP Attorney-General Since 14 December 2011 Minister for Emergency Management since 5 Ma â‘ rch 2012

The Hon Robert McClelland MP Attorney-General 3 December 2007-14 December 2011 Minister for Emergency Management

14 December 2011 -5 March 2012

I 31

Responsibilities

Areas of responsibility- Attorney-General:

" Adm inistrative law

" A lternative dispute resolution

" Appointments

" Australian Government protective security policy

" Bankruptcy law

" Community legal services

" Constitutional issues

" Coordination of Dignitary Protection, Major Government Event Security and Physical Security Risks

" Copyright

" Courts, tribunals and the judiciary

" Criminal law [legislation and policy]. including but not limited to:

- Anti-corruption

- Anti-money laundering

- Criminal procedure. enforcement powers and tools

- Cyber crime

- Organised crime

- People smugg ling [Respons ibil ity for people smuggl ing issues is jointly held between the Attorney-General and the Minister for Home Affairs]

- People trafficking

" Critical infrastructure resilience

" Customary law

" Electronic transactions regulation

" Evidence Act

" Family law. including marriage celebrants

" Freedom of information

" Human rights

" Identity security

" Indigenous justice

" Indigenous legal aid

" Intercountry adoption

" International Criminal Court

" lnternationallaw

" La w reform

CHAPHR I ABOUT THE PORTFOLIO

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

" Legal aid

" Legal profession and legal services coordination

" Na tional security , including:

- Auscheck

- Capability development

- Chemicals of security concern

- Countering violent extremism

- Counter-terrorism policy and coordination

- Critica l Infrastructure Resilience

- Cyber security outreach to business including CERT Australia Law and policy, including counter-terrorism

- National Security H otline

- Telecommunications interception

- Tracking and listening devices

" Na tive title

" Oversight of international legal assistance aid strategy and policy

" Personal Property Securities

" Portfolio Budg et

" Privacy

" P ro bono legal assistance

" Royal commissions

Areas of responsibilit y-Emergency management:

" Commonwealth responses to natural disaster inquiries of national significance

" Emergen cy management education and training

" Emergenc y management relief, recovery and mitigation po licy

" Emergen cy management volunteering

" Emergency management capability developmen t, including: Ae rial fire-fighting

" Bushfire arson

" Emergenc y warnings

" Exercising

" Fire danger rating arrangements

" Ne w technology forums

" Natwal and civil disaster crisis management

" Natural disaster financial assistance including:

- Australian Government D isaster Re covery Paymen t

- Payments to the states and territories

" Natural disaster resilience policy

" Natural Disaster Resilience Program

" N ational Em ergency Management Program

" Policy lead and who le-of-governme nt coo rdinatio n of emergency management planning, including:

- Australian Government disaster response plans

- Commonwealth physical support to disasters.

Minister for Home Affairs Minister for Justice

The Hon Jason Clare MP

Minister for Home Affairs since 14 December 2011 Minister for Justice Since 14 December 201 1

Responsibilities

Areas of responsibility:

The Hon Brendan O'Connor MP

Minister for Home Affairs 9 June 2009 - 14 December 2011 Minister for Justice 14 Septembe r 2010 - 14 December 201 1

" Airport physical security [to the extent that it is not the responsibil ity of the Minister for Infrastructure and Transport]

" Border protection

" Classification

" Crime prevention

" Criminal Assets Confiscation Taskforce

" Federal prisoners [except in relation to prisoners convicted of terrorist offences]

" Firearms

" Fraud policy

" International crime cooperation casework [extradition, mutual assistance and international transfer of prisoners] to the extent that the casework is not concerned with national security , which is the responsibility of the Attorney-General] including policy, leg islation and treaties

" Illicit drugs

" Juvenile diversion program

CHAPTER 3 I ABOUT THE PORTFOLIO

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

" Operational and enforcement issues which may relate to criminal law

" Pardons, prerogatives and petitions of mercy

" People smuggling [Responsibility for people smuggling issues is jointly held between the Attorney-General and the Min ister for Home Affairs]

" Police and police liaison

" Proceeds of crime, including administration of grants from the Confiscated Assets Account under the Proceeds of Crime Act 2002 [Cth]

" Witness protection.

Portfoli tr cture The Attorney-Genera l's Department leads the portfolio, wh ich incorporates the twenty-one statutory and non-statutory bodies lis ted below. Th e portfolio includes the statutory office of the Solicitor-General. who is the Second Law Officer of the Commonwealth [the Attorney-General is the First Law Officer]. The annual reporting requirements and arrangements for those portfolio elements which are not covered by this report are set out in Appendix 1.

The Attorney-General's Department is the central policy and coordinating element of

the portfolio, providing leadership on issues criti cal to effective deliver y of the portfoli o's responsibilities. Building on the 2009-10 organisational restructure, the departm ent has implemented a coordinated, whole-of-portfoli o approach to the key priorities of the m inisters and government, and provides strategic leadership of the portfolio 's Budget process.

Portfolio agencies

Attorney-General

Administrative Appeals Tribunal

Australian Government So licitor

Australian Human Rights Commission

Australian Law Reform Commission

Australian Security Intelligence Organisation

Family Court of Australia

Federal Court of Australia

Federal Magistrates Court of Australia

High Court of Australia

Insolvency and Trustee Service Australia

National Native Title Tribunal

Office of Parliamentary Counsel

Office of the Australian Information Commissioner

Office of the Commonwealth Director of Public Prosecutions.

Portfolio agencies continued on page 38

supporting Australia to become more resilient to disasters

Greg Trott, National Security

Ca pability Deve lopment D ivision.

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Informing Austrana â‘ ns about risk -the Common Alerting Protocol

A key tenet of the National Strategy for

Disaster Resilience [NSDR] relates to helping

individuals. families and communities better

understand the risks they face and for them to

use this information when mak ing decisions,

particularly around personal safety. To do

this we need to ensure information is made

ava ilabl e to people quickly, in a form they

can readily access and in a way that means

the message is co nsistent whether provided by telephone [voice or text]. ema il, radio,

television or some other medium. Importantly, this messaging also has to resonate with

the population it is intended for-not every

word or phrase means the same in every

country, in fact in some the mea ning is very

differe nt indeed. Providing this information

is not only crucial in helping people prepare

for imm inent hazards. it is also important to

commun icate clear consistent information

during the response and recovery phases of

an event.

To ensure we ca n meet this need the

Attorney-Generars Department has

developed in partnership with states,

territories and international partners a new

standard for communicating wa rnings and

alerts in Austral ia. Th e â‘c ommon Alerting

Protocol- Australian Profile [CAP-AU -STD ]"

uses Australian terminology for natural

hazards and comm unity emergencies.

It ensures information is comm unicated

in a manner appropriate to Australian

audiences. considering the needs. interests

and technologies used within Australian

communities. The new standard is

recognised as international best practice,

supp orting m essag ing across the emergency

ma nag ement spectrum of prevention,

preparedness. response and recovery.

For the first time we will have nationally

consistent emergency and public safety

information messaging across Australia. The new standard improves Australiaâ‘s

capability to transmit messages quickly

across a range of media, such as TV. radio

and comp atible devices such as mobile

phones and road-side signs en han cing

emergency warning systems. Th e standard

also ensures m essages retain their meaning

across the country allowing response

agencies. the media and the Australian

public to easily recognise and interpret the

warnings and alerts and what actions they

need to consider and/or take.

The overarching aim of this new capa bility

is to suppo rt Australia to become more

resilien t to disasters. by having a clearer

understanding of warnings and alerts and

what to do about them, particularly at the

community level. The department has

released the new CAP standard for public

use via www .em.gov.au/CapAuStd .

Portfolio agencies continued from page 35

Minister for Home Affairs

Australian Commission for Law Enforcement Integrity [ACLEI)

Australian Crime Commission

Australian Customs and Border Protection Service

Australian Federal Police

Australian Institute of Criminology

Australian Transaction Reports and Analysis Centre [AUSTRAC)

CrimTrac.

38 PART Cr ~ADTER I ABOUT THE PORTFOLIO

About the department

What we do

The Attorney-General's Department serves the people of Australia by upholding the rule of law and providing essential expert support to the Australian Government to maintain and improve Australia's system of law and justice, its national security and emergency management systems, and natural disaster relief.

The Attorney-General's Department is the central policy and coordinating agency of the Australian Government Attorney-General's portfolio and provides support for the Australian Attorney-General in their role as First Law Officer .

The mission of the Attorney-General's Department is achieving a just and secure society. This mission includes:

" building a fairer Australia by improving access to justice, protecting and promoting human rights, and promo ting Indigenous law and justice

" strengthening Australia's national security by bolstering Australia's disaster resilience, promoting cyber and identity security, countering violent extremism, and combating

organised crime.

The department's 2010-2012 strategic aims are:

1. improving access to justice

2. enhancing national security

3. combating organised crime

4. improving identity and technology security

5. protecti ng human rights and supporting Indigenous communities

6. strengthening emergency management and building resilience, and

7. enhanc ing productivity and service delivery.

The department's outcomes, programs and performance targets are set out each year in the Portfolio Budget Statements and the Portfolio Additional Estimates Statements. Th is Annual Report responds directly to the performance measures set out in these documents, giving a clear indication of the department's intend ed and actual performance for the year.

To achieve its objectives, the department works closely and cooperatively with its portfolio

agencies, other government agencies, advisory bodies, industry, professional associations, commun ity organisations and citizens.

Our or anisati nal structure The Attorney-Generalâ‘s Department is structured to support the Australian Government's current and emerging priorities and to provide high quality and well-coordinate d portfolio " wide advice to the Attorney-General an d the M inister for Ho m e Affair s and Justice.

The department's structure is designed to effectively and efficiently deliver programs aga inst the department's strategic aims and broader portfolio objectives. It compr ises the:

" Strategic Policy and Coordination Group - responsible for whole-of-department priorities and coordination, finance and property services, business planning and governance, hu man resources, and information technology.

" Civil Justice and Legal Services Group - responsible for access to justice, social inclusion policies and programs, civil law, legislative drafting and publishing, and international law and huma n rights.

" National Security and Criminal Justice Group - responsible for national security resilience policy and ca pability development, em ergency management and disaster relief, national security law and policy, criminal justice, and international crime cooperation.

40 PART 1 CHAPTER I ABOUT TH E DEP A RTMENT

A TT O RNE Y - GE N E RAL 'S DEP A RTMENT I ANNUAL REPORT 2011-12

Figure 4.1: O rganisational structure, at 30 June 201 2

Secretary-Roger W ilkins AO

Civil Justice and Legal Services Group Deputy Secretary. David Fredericks

Access to Justice D ivision Louise Glanville

Social Inclusion Division Kym Duggan

Civil Law Division Matt Minogue

Office of Legislative Drafting and Publishing John Leahy

International Law an d Hum an Rights Division Greg Manning Bill Campbell PSM QC

Strategic Policy and Coord ination Group Deputy Secretary. Elizabeth Kelly

Corporate Division Stephen Lutze

Information Division Jane Bailey

Strategy and Delivery Division Louise Glanville

Office of Corporate Counsel Maggie Jackson

Office of Constitutional Law Jim Faulkner

National Security and Crim inal Justice Group Deputy Secretary, Tony Sheehan

N ationa l Security Resilience Policy Division Mike Rothery

Emergency Management Australia Campbell Darby

National Security Capability Development Division Warwick Finn

National Security Law and Policy Division Geoff McDonald

Criminal Justice Division lain Anderson

International Crime Coope ration D ivision Katherine Jones

Outcome 1: A just and secure society through the ma intenance and improvement of Australian's law and justice framework and its national security and emergency

management system

Program 1.1: Attorney-General's Department Operating Expenses-Civil Justice and Legal Services

Program 1.3: Justice Services

Program 1.4: Family Relationsh ips

Program 1.5: Indigenous Law and Justice

Program 1.2: Attorney-General 's Department Operating Expenses-National Security and Criminal Justice

Program 1.6: National Security and Criminal Justice

Program 1.7: Australian Government Disaster Financial Support Payments

Our fundi ns The functions of the divisions and offices in each of the three groups at 30 June 2012 are

outlined below.

Strategic Policy and Coordination Group

The Corporate Division provides financial services to the depa rtment by managing the

external portfolio budget process, preparing the audited financial statements, providing strategic financial management advice to the Executive Board and to divisions and providing other financial management functions to support the efficient operation of the department including the payment of accounts and maintaining an efficient Treasury function.

It also provides corporate governance activities including maintaining the Chief Executive's

Instructions, providing advice on the Government's financial framework and facilita ting

co mpliance with various external reporting obligations.

Th e division provides human resource services that support the departm ent to attract.

develop and retain talented staff . It provides advice to the Executive Board on competitive

remuneration, learning and development framework and workforce planning and provides professional and suppo rtive work through progressive human resource practices including

educating the department on the new work health and safety laws and managing the various workplace diversity initiatives such as the reconciliation activities that recognise the

importance of indigenous Australians and the disability action plan. It also provides other human resource functions to support the efficient operation of the department including managing the induction of new emp loyees and managing the payroll function.

It is responsible for managing international travel arrangeme nt for departmental officers "

providing an efficient and cost effectiv e service that complies with Government policy.

The division manages facilities , property and environmental services that support the

efficient operation of the department through an extensive range of support and strategic advice on building operations, property and environmental management. Activities include

responsibility for lease management, facilities management , fitout and relocations,

maintenance of information technology and property infrastructure , storage, mail and store

room administration, energy and environmental management and managing major projects including the fitout of 4 National Circuit , Barton .

Other services provided includ e departmental security measure s adopted by the

department. facilitating compl iance with whole-of-government protective security po licy and guidelines. The division establi shes policy and procedures for the protective securit y of

many departmental activities and initiatives, including the security of personnel. facilities . information, assets, threat and risk assessments, interaction with juri sdictions, and business continuity planning. It also provides training and awareness activities for staff and provides

advice to staff. In undertaking these activities, the division helps the department to operate in

a sa fe and secure environment.

The Strategy and Delivery Division provides a strategi c focus on who le-of-department

and longer-term po licy development , maintains broad oversight and coordination of policy

initiatives across the portfolio and helps build o rganisational capability in po licy design and

ideas innovation.

42 PART ~ i P~ER I ABOUT THE DEPARTMENT

AT T ORN E Y -G E NERAL'S DEP ARTM E NT I ANNUAL REPORT 2011-12

It coordinates priority work for ministers and Cabinet, manages departmental support for the Standing Council on Law and Justice, processes correspondence for the ministers and coordinates official ministerial overseas travel.

The division provides expert advice on constitutional law reform and policy.

It also provides strategic commun ication services and advice to the department and

ministers. manages communication campaigns and day-to-day media, and coordinates whole-of-government crisis communication.

The Information Division supports the effective operation of the department through providing high quality information technology solutions and support across the agency. Key functions of the division include enterprise and business system support. solutions development, information technology security, policy development, records management and library services.

In 2011 -12 the division commenced a project to significantly reform its structure and outputs. Continuing into 2012-13 this project will see the division de liver a more innovation-focused output designed to more effectively shape the information and communications technology [ICT) environment of the department.

The division also continues to provide significant support to partner agencies through technical and user support to key publicly available systems. such as the Personal Prope rties Securities Register.

Civil Justice and Legal Services Group

The International Law and Human Rights Division provides international law and human rights advice to the Australian Government. This includes lega l and po licy advice across Government on issues involving public international law, and international litigation involving public international law. The division also develops and implements international law projects within the Attorney-General"s responsibilities and conducts treaty negotiations.

In relation to human rights, the division provides legal and policy advice to the Australian Government on domestic human rights matters, anti-discrim ination legislat ion, and

implementation of international human rights obligations. The division also oversees implementation of Australiaâ‘s Human Rights Framework, including administering the Human Rights (Parliamentary Scrutiny} Act 20 7 7. It also prepares responses to human rights comm unications and reports under international huma n rights treaties.

The division also has administrative responsibilities for the Australian Human Righ ts Commission.

The Civil Law Division is responsible for supporting the Attorney-General in their role as First Law Officer, including administering the Legal Services Directions 2005.

The division advises the Attorney-General on policy relating to Commonwea lth legal services. copyright, classification, personal property securities, bankruptcy and insolvency, and microeconomic reform in the law and justice sector. This includes advice on a range of international legal services policy issues such as intellectual property and e-commerce.

The division is responsible for classif ication policy and operation. provides secretariat support to the Classification Board and the Classificat ion Review Board, runs the Classification Liaison Scheme and provides classification training for industry and government.

The Office of Legislative Drafting and Publishing works closely with more than seventy

depa rtments an d agencies to make legislation easier to find. understand and implement. The Office drafts regulations, proclamations and rules of court free of charge, as well other instruments on a fee for service basis. and maintains the Federal Register of Legislative Instruments. The Office also compiles and publishes Commonwea lth legislation and related material. including some gazettes. particularly through the whole-of-government ComLaw website www.comlaw.gov.au.

The Access to Justice Division provides legal policy advice on administrative law, alternative dispute resolution, federal courts and tribunals, domestic and internat ional family law. marriage law, intercountry adoption, evidence law. private international law. legislative instruments, and service and execution of process.

The division provides advice to government on reviews of administrative decision making and access to justice, and has policy responsibility for services that assist separating families resolve disputes in the best interests of the children. It also has national responsibility for Australia's intercountry adoption arrangements.

The division promotes international cooperation in civil legal procedure and family law matters and handles requests for judicia l assistance in these matters. including parental child abduction and access. and private international law.

It is responsible for applying a transparent policy on appointments to federal courts and tribunals, and fulfilling statutory responsibilities under the Marriage Act 7 96 7. including managing the federal marriage celebrants program . An officer of the division is the Registrar of Marriage Celebrants.

In addition. the division provides support to the Administrative Review Council. the Nationa l Alternative Dispute Resolution Advisory Council [NADRACI. and the Fam ily Law Counc il.

The Social Inclusion Division is responsible for the delivery of programs that benefit and assist vulnerable and disadvantaged Australians in need. including Indigenous Australians.

The division also administers a number of statutory and non-statutory financial assistance schemes. and provides policy advice and responds to Indigenous law and justice issues and suppo rts the realisation of safer communities through m easures such as community night patrols.

It is also responsible for the provision of legal and policy advice in relation to native tit le issues and for assisting the Attorney-General in the adm inistration of the Native Title Act 7993, and its legislative development.

The division provides policy and legal advice in relation to a number of Commonwealth funded legal assistance programs. which it administers. These are community legal centres. Aboriginal and Torres Strait Islander legal services. Indigenous family violence prevention legal services and . through the N ational Partnership Agree m ent on Legal Ass istance Services. legal aid commiss ions in each state and territo ry.

44 PART PT R I ABOU T TH E DEPA RTM EN T

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

National Security and Criminal Justice Group

Th e National Security Capability Development Division plays a key role in the Australian

G ove rnm ent's development of emergency management and national security capa bility across all jurisdictions to provide a safer and more secure Australia. The division coordinates a wide range of emergency management and nationa l securit y capa bility deve lopm en t

activities and projects in con junction with Australian, state and territory gove rnment agen cies, local government and industry bodies.

The division wo rks w ith national and international stakeholders to identify and address gaps in eme rgency management and national security capability by:

" leading in eme rgency management innovation resulting in increased community

resilience and eme rgency management capability in support of the National Strategy for Disaster Resilience

" playing a pivotal role in the National Counter-Terrorism Com m ittee's operational and

po licy programs and the development of counter-terrorism capability

" developing and providing training, education and com mun ity aware ness resources

through the Australian Emer ge ncy Management Institute and the Protective Security Training Centre

" enhancing Australia's critical infrast ructure resilience through the C ritical Infrastructure Program for Modelling and Ana lysis [CIPMA).

The National Security Resilience Policy Division plays a key role in delivering the Australian Gove rnment's na tiona l security and emergency manag ement agenda.

It performs lea d agency functions across the Australian Governme nt to better prepa re business and the co mmunit y to deal with a range of threats and hazards.

The division's work strengthens relatio nships between business and government on a range

of policy issues, including cyber security, critical infrastructure resilience, identity security

risk management, protective security , and emergency management.

To ensure the delivery of quality outcomes, the division supports a range of coordination and

consultation bodies, including the:

" Bu siness Government A dvisory Group on N ationa l Secu rity

" Protective Sec urity Policy Committee

" Standing Counc il on Police and Em ergency Man agement and the N ational Emergency

M anagement Commi ttee

" Trusted Information Sharing Network [TISN) for Critical Infrastructure Res il ience,

the Critical Infrastructure Advisory Council. the National C ritical Infrast ructure

Resilience Comm ittee

" National Ide ntity Security Coordination Group.

The division also manages CER T Australia, A ustral ia's national computer emergency

response team, and the national Docum ent Verification Service.

The International Crime Coope ration Division manages international cooperation in criminal matters and related policy issues and is Australia's central authority for extradition, mutual assistance and the intern

w ith mu ltilateral forums aimed at combating serious and organised crime and corruption. T he division is also leading the developm ent of Aus tralia's first National Anti-Corruption Plan.

The division manages Australia's financial obligations to the International Criminal Court

and collaborates more broadly with the D epartment of Foreign Affairs and Trade to build and main tain Australia's relationship with the Court.

The division also works w ith pa rtner countries in Asia-Pacific and Africa to strengthen laws

and processes on transnational crime, people smuggling, people trafficking, terrorism and anti-mo ney laundering ; domest ic crime and policing [in the Pacifi c]; and international crime coo pe ration, ie extradition and mu tual assistance.

Emergency Management Australia is responsible for national level disaster preparation, coordinating Australian Governme nt m ulti-hazard and mu lti-agency crisis response efforts,

coordinating financial support to states, terri tories and individuals impacted by disasters; and coordinating protective security services for Australian high office holders, visiting dignitaries, and Australians attending designated special events The division undertakes its

responsibilities by:

" managing the Australian Government's Crisis Coordination Centre as the primary source of information and situationa l awareness, and coordinating responses to crises under the

Australian Government Crisis Management Framewo rk

" managing the National Security H otline as the prima ry po int of contact to report suspected terrorist or associated criminal activity

" coo rdinating Australian support to overseas disasters and supporting the Australian

Government's efforts to improve regional disaster response, in conjunction with the

Department of Foreign Affairs and Trade, AusAID and jurisdictional partners

" coordinating and facilitating whole-of-government security risk assessments and advice for all agencies involved in delivering protective security services for domestic and internat iona l dignitaries

" providing strategic security risk assessments and advice for special events including ove rseas ANZAC commemo rations, Comm unity Cab inet meet ings, sporting events and the G20 meeting

" maintaining Continuity of Gove rnment plans and administering measures to protect national security information in relevant court cases

" managing the provision of financial assistance to individuals, and to states and territories for recovery activities, following natural disasters

" adm inistering the program of Commonwealth Recovery Assistance and undertaking recovery policy deve lopment.

In all these activities , Emerge ncy Management Aus tralia maintains very close relationsh ips

w ith a wide range of stakeholders across the Australian Govern m ent. the states and territories and internat iona lly.

46 PART I H PfE-R I ABOUT THE DEPARTMENT

AT TORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

The National Security Law and Policy Division provides national leadership and coordination on diverse national security legal and policy issues. This role includes:

" ensuring there is a national security legislative framework which contains appropriate safeguards to protect the commun ity from security threats, including terrorism offences, and working with the Australian Security Intellig ence Organisation [AS IO] to ensure the organisation is able to efficiently protect the Australian community

" providing the department's central national security policy function [coordinating within the Portfolio and across the Australian Government to advise on traditiona l and non-traditional national security issues and support the department"s senior executive and the Attorney-General]

" developing and implementing policy in relation to a broad range of existing and emerging national security issues

" limiting opportunities for the use of chemicals by terrorists through improvements in Australia's ca pab ility, monitoring and co ntrol mechanisms

" reducing the risk of home-grown terrorism through programs that strengthen Australia's resilience to radicalisation and assist individuals to disengage from violent extremist influences and beliefs

" administering Commonwealth legislation regarding the use of surveillance devices and access to communications by national security and law enforcement agencies

" undertaking background checking services for the Aviation and Maritime Security Identification Card, and National Health Security Check regimes and providing the Government with policy advice on background checking and related matters.

The Criminal Justice Division provides policy and lega l advice on criminal law and law enforcement issues including serious and organised crime, cyber crime and crime prevention. Th e division works closely with Commonwealth law enforcement agencies, including by coordinating implementation of the Organised Crime Strategic Framework. It is coordinating a national response to cyber crime, including through the National Cyber Crime Working Group established under the Standing Committee of Attorneys-General. The division provides advice on reform of criminal law and enforcement powers, including potential amendments to the Crimes Act 1914 and the Criminal Code Act 7995.

Ongoing responsibilities include adm inistering crime prevention grants programs such as Secure Schools and Safer Suburbs, illi cit drugs policy, fraud aga inst the Commonweal th, firearms po licy and administering firearms import permits and regulation, coordinating and managing people smuggling and people trafficking issues, managing federal prisoners, policy on law enforcement integrity, corruption and foreign bribery, and policy on Australia's anti-money laundering and counter-terrorism financing regime.

improving human

rights knowledge in the public sector

ATTORNEY -GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Getting the APS ready for human rights

The International Human Rights and

Anti-Discrimination Branch and Human

Rights Policy Branch have been wo rking

together to improve human rights knowledge

in the public sector.

Australia's Human R ights Framework was

released by the governme nt in April 2010.

It focuses on positive and practical change

to promote and protect human rights. A key

part of the Frame work is the Human Rights

[Parliamentary Scrutiny} Act 2011, which

commenced on 4 January 2012.

'The Act introduced the requirement for

all new legislation to be accompanied by a Statement of Compatibility with human rightsâ‘ , said James Pend er, an acting

Sen ior Legal Officer in the Legislativ e

Scrutiny Unit. 'Agencies are responsible

for assessing the compa tibilit y of their own

legislation. This ensures that public servants

are considering Australia's human rights

obligations when developing policy and

legislation and will also facilitate the spread

of human rights knowledge across the

Australian Public Service.â‘

The Legislative Scrutiny Unit has delivered

training on Stateme nts of Compatibility to

over 600 policy and leg islat ion officer s across

the APS. 'This training provides information

about the new requirement and the newly

established Parliamentary Joint Committee

on Human Rights, as well as demonstrating

how officers should assess compatibility with

human rights â‘. said James.

In addition to this extensive training initiative,

the Human Rights Framework team have

also been wo rking to broaden gen eral human

rights knowledge in the pub lic sector.

'Between August and October 2011,

general human rights awareness training

was delivered to approximately 700 public

servants from 35 departmen ts and agencies,'

said Jarrad Smith, a Lega l Officer in

the Human Rights Framework Section.

'This training was about the international

human rights system, Australia's human

rights obligations and the role of public

servants in respecting, protecting and

fulfilling human rights.'

'We will soon launch a human rights

eLearning modu le ca ll ed 'Human rights

are in our hands'. This mo du le incorporates

elements from the general human rights and

Statements of Compatibility training, and

shows public servants how to incorporate

human rights principles in their work

regardless of their subject area.

We are really excited about the module,'

Jarrad sa id. We are also developing a

program of targeted training for public

servants who work on areas w he re human

rights raises particular issues. We hope

to pilot this program in late 2012. and roll

it out across the Commonweal th public

sector in 2013.'

Greater understanding and consideration

of human rights in our work will ultimately

lead to better human rights outcomes for

the people of Australia.

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Performance reports

Chapter 5 Our performance

Chapter 6 Outcome 1

Chapter 7

Civil Justice and Legal Services-departmental programs 79

Chapter 8 Civil Justice and Legal Services- administered programs 109

Chapter 9 National Security and Criminal Justice- departmental programs 125

Chapter 10 National Security and Criminal Justice- administered programs 151

I s1

O ur performance

Performance reoorts Part 2 of our 2011-12 Annual Report covers our performance in areas for which activity is measured across the department. This includes:

" the Attorney-General's Department resource statement for 2011-12 showing available resources to the department reconciled with actual payments made [Table 5.1]

" services provided to ministers and Parliament.

Chapters 6 to 10 provide detailed performance reports based on the outcome and programs framework and performance information set out in the 2011-12 Portfol io Budget Statements and any Portfolio Additional Estimates Statements.

The department has one outcome against which it reports in the 2011-12 Annual Report:

" Outcome 1 -a just and secure society through the maintenance and improvement of Australia â‘s law and justice framework and its national security and emergenc y management system.

Performance reports are structu red to demonstrate a clear relationship between the performance standards for each outcome and program, as set out in the Portfolio Budget Stateme nts and Portfolio Additional Estimates Statements, and the actual results achieved for the department in 2011-12.

Chapter 7 and Chapter 8 address, respectively, the departmental and administered programs for the Civil Justice and Legal Services Group. Chapter 9 and Chapter 10 address the departmental and administered programs for the National Security and Criminal Justice Group.

Ea ch chapter provides:

" a summary of perform ance and key ach ievements contributing to the programs

" resu lts of evaluations or reviews

" purchaser/provider arrangements , whe re relevant

" outlook for the foll ow ing financ ial yea r

" reporting aga inst the key performa nce indicators for the program and related administered items.

The report includes a selection of case studies that provide an insight into the people behind some of the department's key achievements.

2011-12 resource statement

Table 5.1: Attorney-General's Department resource statement, 2011-12

ORDINARY ANNUAL SERVICES '

Departmental appropriation

Prior year departmental appropriation 94,940 57.204 37.736

Departmental appropriation 228,495 227,251 1,244

5 31 relevant agency receipts 37,661 36,540 1,121

Total Departmental appropriation 361,096 320,995 40,101

Administered expenses

---

Outcome 1 416,739 413,787 2.952

Total Administered expenses 416,739 413,787 2,952

Total ordinary annual services 777,835 734,783 43,052

OTHER SERVICES 2

Adm inistered expenses

Specific payments to states , ACT. NT and local government

Outcome 1 5,709 5.461 248

Total 5,709 5,461 248

Departmental non-operating

Prior year departmental appropriation 3,006 2.834 172

Equ ity injections 8.057 6,109 1,948

Total departmental non-operating 11,063 8,943 2,120

0 54 PART /- CHAPTER ~ I OUR PERF O RMANCE

AT TO R NE Y- GE N ERAL 'S DEPARTME N T I ANNUAL REPORT 2011-12

=~ ...,.~~..,.--- .... -.......,......,--:-------

- - l " Attuat available , e Actual

- - - c'appropriaticins - I - Expense!> Balance

. " ,-fo-r io '11 ~12 , ~ i _off-12 rema~ntng

_- _-""., â‘,- _ ,_ . " ~~â‘..l ..... ~L"' t$ â‘ooo !...,....:t.;,~~ s~~~-- tsâ‘ooot

-o_:J:_.. .. ~Iâ‘.~~~ 2"J.J...I--; ". vo._-t;}i_ 1-ld ~~~-lirl..-i~~ - - ~-~

Administered non-operating

Prior year administered appropriation

Administered assets and liabilities

Total administered non-operat ing

Total other services

Total available annual appropriations and payments

SPECIAL APPROPRIATIONS

Special appropriations limited by criteria/entitlement

Law Officers Act 1964 s 16[13) -former Solicitors -General

National Firearms Program Implementation Act 1996

Social Security {Administration} Act

Total special appropriations

Total appropriations excluding special accounts

SPECIAL ACCOUNTS

Opening balance

Appropriation receipts

Appropriation receipts -other agencies

Non-appropriation receipts to special accounts

Payments made

Total special accounts

Total Resourcing and Payments

Total net resourcing for agency

CAC Act= Commonwealth Authorities and Companies Act 1997

All figures are GST exclusive

Notes: 1. Appropriation Bill [No 1)2011-12 and Appropriation BilliNo 3)2011-12.

2. Appropriation Bill[No 2)2011-12 and Appropriation Bill[No 4)2011-12.

70,611

18,671 13.551

89,282 13,551

106,054 27,955

883,889 762,738

450 292

75 -1.754

85,500 79,879

86,025 78,417

969,914 8421,155

17.208 17,208

5,645

8.097

22,853 25,305

992,767 866,460

70,611

5,120

75,731

78,099

121,151

158

1,829

5.621

7,608

128,759

5,645

-8,097

-2,452

126,307

I 55

Resource summaries

Table 5.2: Resource summary, Outcome 1 -A just and secure society through the maintenance and improvement of Australia's law and justice framework and its national security and emergency management system

Program 1.1: Attorney-General's Department Operating Expenses - Civil Justice and Legal Services

Departmental expenses

Ordinary an nual services [Appropriation Bill No. 11 88,662 87,395 1.267

Revenues from independent sources [Section 311 10,530 11.703 -1,173

Expenses not requiring appropriation in the Budget year 15,383 53,850 -38,467

Total for Program 1.1 114,575 152,948 -38,373

Program 1.2: Attorney-General's Department Operating Expenses- National Security and Criminal Justice

Departmental expenses

Ordinary annual services [Appropriation Bill No. 1) 117,414 118,260 -846

Revenues from independent sources [Section 31 ) 27,131 24,837 2,294

Ex penses not requiring appropriation in the Budget year 18,420 24,347 -5.927

Total for Program 1.2 162,965 167,444 -4,479

Program 1.3: Justice Services

Administered expenses

Ordinary annual services [Appropriation Bill No. 1) 78.741 78.685 56

Special appropriations 450 292 158

Total for Program 1.3 79,191 78,977 214

Program 1.4: Family Relationships

Administered expenses

Ordinary annual services [Appropriation Bill No. 11 164,992 164,875 117

Expenses not requiring appropriation in the Budget year

Total for Program 1.4 164,992 164,875 117

Program 1.5: Indigenous Law and Justice

Administered expenses

Ordinary an nual services [Appropriation Bill No. 1) 124,272 124.271

Total for Program 1.5 124,272 124,271

(_ CHAP~ER - I OUR PERFORMANCE

A TTORNEY-GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Program 1.6: National Security and Criminal Justice

Administered expenses

Ordinary annual services [Appropriation Bill No. 1) 47.693 45,776 1.917

Other services [Appropriation Bill No. 2) 5.709 5,461 248

Special appropriations 75 -1.754 1.829

Spec ial accounts 15,584 8,097 7.487

Expenses not requiring appropriation in the Budget year 6,230 4,455 1,775

Total for Program 1.6 75,291 62,034 13,257

Program 1.7: Australian Government Disaster Financial Support Payments

Administered expenses

Ordinary annual services [Appropriation Bill No. 1) 150 181 -31

Spec ial appropriations 85,500 79,879 5,621

Total for Program 1.7 85,650 80,060 5,590

Outcome 1 totals by appropriation type

Administered expenses

Ordinary annual services [Appropriation Bill No. 1) 415.848 413.787 2.061

Other services [Appropriation Bill No. 2) 5.709 5,461 248

Special appropriations 86,025 78,417 7,608

Special accounts 15.584 8,097 7.487

Expenses not requiring appropriation in the Budget year 6,230 4,479 1.751

Departmental expenses

Ordinary annual services [Appropriation Bill No . 1) 206,076 205,655 421

Revenues from independent sources [Section 31) 37.661 36.540 1,121

Expenses not requiring appropriation in the Budget year 33,803 78,196 -44.393

Total expenses for Outcome 1 806 ,936 830,633 -23,697

Average Staffing level[number) 1.482 1.430

I s7

Services to ministers and Parliament

Ministerial correspondence

During the reporting period, the department processed approximately 28 ,122 items of correspondence addressed to the Attorney-General or the Minister for H ome Affairs and Justice-an average of about 108 items a day. This is an increase of approximately 35 per cent from the previous financial year.

The department's Parliamentary Workflow Solution, Exe cCo rro for Government, has driven a reduction in key performance timeframes for closing ministeria l correspondence items as well as providing a platform for the introduction of pape rless processing of m inisterial correspondence within the department.

Common topics and issues arising in ministerial correspondence included same -sex marriage and the Marriage Act, cluster munitions. deaths in custody, convoy of no confidence, carbon pricing, live an imal exports, Wikileaks, copyright, classification , the Fa mily Court and family law, Family Violence Bill, and Constitutional Recognition of Indigenous Australians.

Parliamentary questions on notice

The statistics in Table 5.3 are provided for the department only. They do not include subm issions. correspondence, briefs. questions on notice, or speeches prepared by portfolio agencies.

Table 5.3: Services to ministers and Parliament, 2011-12

Outcome 1 -A just and secure society through the maintenance and improvement of Australia' law and justice framework and its national security and emergency management system

1,022 20 4,936 49 653

*Approximate number of meeting briefs, possible parliamentary question and ministersâ‘ office briefs (does not include updated briefs or briefs provided by portfolio agencies]

Information Publication Scheme

Agencies subject to the Freedom of Information Act 7982 (FO I Act) are required to publish information to the public as part of the Information Publication Scheme (IPS). This requirement is in Part II of the FO I Act and has replaced the former requirement to pub lish a section 8 statement in an annual repo rt. Th e department displays on its we bsite (www.ag.gov.au) a plan show ing the information it publishes in accordance with the IPS requirements.

CHAPTER 5 I OUR PERFORMANCE

developing close cooperation

with our counterpart agencies in Indonesia

Sam Wade, International Crime Cooperation Division.

ATTORNE Y -GENERAL'S DEPA R TMENT I ANNUAL R~PORT 2011-12

The department stre-ngthens its international presence

In a ma jor developme nt, the

Attorney-General's Department

posted its first officer to the Australian

Em bassy in Jakarta in 20 12. As the

only Attorney-Genera l's Department

representative in Indonesia, Sam

W ade is very busy. While his primary

respo nsibility is manag ing the departme nt's

program of coope ration with Indon esia on counter-ter rorism [the Strengthen ing

Lega l Fram eworks to Coun ter-Terrorism

program] he also represents the depa rtment's broader portfolio interests

in Indonesia. But Sam believes the long

hours are worth it.

'The counter-terror ism program

facil itates close cooperation between

the department and our cou nterpart

age ncies in Indones ia. We work together

to enhance counter-terrorism leg islation ,

train officials and prosec utors and im prove people-to-people links between Indonesia

and Australiaâ‘ . Sam explained.

'The prog ram allows officials from both

countries to share their expertise and

discuss common cha ll enges . It is a

learning expe rience for everyone invo lved â‘.

Sam added .

The departme nt's decision to post its first

officer to Indonesia reflects the importance

that Australia places on the bilateral legal

relationship with Indonesia.

'Australia and Indonesia have shared

interests across a wide range of sectors;

both countries gain significantly through

closer coope ration. Posting an officer

to the Embassy in Jakarta presents

opportunities for greater understanding and

engagement that wou ld not otherwise be

possibleâ‘. said Sam.

For example, Australia and Indonesia have

a shared goal of fighting corruption and

the department is working with Indo nesia's

Corruption Eradication Commission to

recover the proceeds of corruption.

Sam is enjoying his time in Indonesia, but the

posting is not without its challenges. 'I have

been described on mo re than one occasion

as tone deaf. While this is not necessarily an

inaccurate description. in my defence, our

Indonesian colleagues set the karaoke bar

fair ly high .â‘

Outcome 1 A iust and secure society through the maintenance and improvement of Australia's law and iustice framework and its national security and emergency management system.

Overview The Attorney-General's Department made significant progress towards the achievement of

Outcome 1 through the development of policies and programs aimed at improving Australia's law and justice framewo rk and national security and emerge ncy man ageme nt system.

Family law

The department undertook a broad range of work to improve the family law system's response to family violence through:

" the passage of the Family Violence Amendment (Family Violence and Other Measures} Act 2011

" the development of a common risk identification framework for fam il y violence

" the extension of the Coordinated Fam ily D ispute Reso lution pilot [until April20131.

Th e department engaged an international mediator training organisation in May 2012 to train a select group of senior Family Dispute Resolution Practitioners from key organisations around Australia, including Legal Aid Commissions and the Family Court of Australia.

The department continues its role as the Commonwealth Central Authority for the Hague Convention. In 2011-2012 . as part of this role, the department received sixty-three abduction applications for the return of children wrongfully removed to Australia and 100

applic.ations for the return of children wrongfully removed from Australia. Th e department assisted in the return of thirty-seven children from Australia and sixty-s ix children to Australia. The department also processed and assisted in twenty-two access applications und er the H agu e Convention.

I 63

Access to Justice Framework

The department continued to promote the Access to Justice Framework wh ich aims to

improve access to justi ce for all Australians. The Access to Justice [Federal Jurisdict ion] Bill 2011 was introduced into Parliament on 23 N ovem ber 2011. The Bill impleme nts a number of

m easures which will increase the flexibility of courts and tri buna ls to deliver access to justice.

Marriage celebrants

The department continued to progress work to implement the Government's 2011

Budget announcement to reform and improve the Marriage Celebrants Program through cost recovery.

Effective operation of the federal courts

The department continued its work on promoting effective operation of the federal courts

and support for an independent judiciary. The Judicial Misbehaviour an d Incapacity

[Parliamentary Commissions] Bill 2012 and the Courts Legislation Amendment [Judicial Complaints] Bill 2012 were introduced into Pa rliament on 14 Ma rch 2012. These Bills will provide a clear. accountable and effective system for handling complaints against federal

judicial officers.

Military justice

The Military Court of Australia Bill2012 and the Military Court of Australia [Transitional

Provisions and Conse quential Amendmen ts) Bill2012 were introduced into Parliam ent on

21 June 2012. These Bills will establish the Military Court of Australia under Chapter Ill of the

Constitution to provide a permanent, independent and transparent system of military justice for Australia's defence forces.

Legal assistance

The department undertook a broad range of activities in the legal assistance area

during 2011-12.

It commissioned a review of the National Partnership Agreement on Legal Assistance

Se rvices to evaluate the quality, efficiency and cost-effective ne ss of service delivery across

Commonwealth-funded lega l assistance services.

In August 2011, the department engaged Mr AC Neal SC to conduct a review of native title

respondent funding. Th e review considered the efficiency and effectiveness of existing

financial assistance arrangements for native title respondents and native title officers . The review also considered a revised interest test and the circumstan ces in which legal

representation may be fund ed for respondents in native title matters in the context of

the consolidated administration of legal financial assistance schemes from 1 July 2012.

The report outcomes are available on the department's website.

64 PART ?- I OUTCOME 1

A TT ORN E Y -G E N ER A L'S DE PART ME NT I ... NN l RE ORT 2011 12

The department commenced three-year funding agreements with the Aboriginal and Torres Strait Islander legal services. Funding was provided to eight Aboriginal and Torres Strait Islander legal service providers totalling $63 .635 million. The Aboriginal and Torres Strait Islander legal services have provided an estimated 214,000 services across all law types. Legal services commenced in the Torres Strait and Northern Peninsula in October 2011.

Funding totalling $19.233 million was provided under the Family Violence Prevention Legal Services Program. Fourteen family violence prevention legal service organisations service thirty-one identified high need areas in rural and remote Australia.

The department commissioned two projects relating to the Family Violence Prevention Legal Services Program- a financial control audit and financial viability assessment of funded organisations, and an overall review of the Program. Findings from both reports will be implemented and reported on in 2013. The findings of these reviews will feed into the review of Commonwealth legal assistance services.

Funding totalling $32.665 million was provided to 138 community legal centres. The community legal centres funded under the program provided more than 235,600 advices, closed more than 50,000 cases, and delivered more than 3,300 community legal education projects nationally .

Indigenous affairs

The department coordinated the Australian Government response to the House of Representatives Standing Committee on Indigenous Affairs report Doing time-time for doing: Indigenous youth in the criminal justice system. The Government response was tabled

in Parliament on 24 November 2011 , with the Government accepting in whole, in part or in principle all forty of the Report's recommendations.

The department continued to work closely with the Department of Families, Housing, Community Services and Indigeno us Affairs to develop an Aboriginal and Torres Strait Islander Safe Communities Strategy. The Council of Australian Government's Working Group on Indigenous Affairs is currently considering the development of the Strategy, and any associated targets.

The department also wo rked closely with the Department of Families, Housing, Community Services and Indigenous Affairs and other relevant Australian Government departments and the Northern Territory Government to deliver the Stronger Futures in the Northern Territory init iative.

Human rights

The department continues to engage domestically and internationally on human rights issues.

In June 2012, the department led a high-level Governme nt delegation for Australia's

appearance before the UN Committee on the Rights of the C hild in Geneva. The appearance provided the Government with the opportunity to set out Australia's record and achievements in implementing our commitments under the Convention and its Optional Protocols on the involvement of children in armed conflict, the sale of ch ildren, child

prostitution and child pornography.

The passage of the Human Rights {Parliamentary Scrutiny] Act 2011 is a significant step

in demonstrating the Government's commitment to respect and promote human rights. The Act is a key part of Australia's Human Rights Framework and requires that all new

legislation must be accompanied by an assessment of compatibility with human rights.

A new Parliamentary Joint Committee dedicated solely to human rights scrutiny has also been established under the Act. The Committee has functions to examine new legislation

and existing Acts for compatibility with human rights and conduct broader inquiries into any

matter relating to human rights which is referred to it by the Attorney-General.

Whaling in the Southern Ocean

The department continued its role in leading Australia's case against Japan in the

International Court of Justice, Whaling in the Antarctic {Australia v Japan], which seeks to end Japan's whaling in the Southern Ocean. Japan filed its written submissions in March 2012 and the Court subsequently decided there would be no secon d round of written pleadings.

The case w ill now progress directly to oral hearings. These are likely to take place in The

H ag ue in the second half of 20 13.

Plain packaging of tobacco products

In December 2011 the department assumed overall responsibility for the Government's

defence of legal challenges to the plain packaging of tobacco products under the Tobacco

Plain Packaging Act 2011. The department is responsible for the conduct of the investor-state dispute brought by P hilip Morris Asia, constitutional challenges, and whole-of-government

coordination of the lit igation. The department provides support to the Department of Foreign Affairs and Trade in preparing for and defending any challenges to plain packaging in the World Trade Organization.

National Strategy for Disaster Resilience

The department led initiatives to provide high level guidance to government, business and

the community in the national security, emergency management and criminal justice sphere, including continued implementation of the National Strategy for Disaster Resilience.

National Identity Security Strategy

The department revised the National Identity Security Strategy in collaboration with the states

and territories. The revised Strategy will provide a firm base for continuous improvement to the foundation elements of identity security in support of the growth in the digital economy.

Document Verification Service

The department concluded arrangements for the full operation of the Document Verification

Service [DVS]. following Victoria's agreement to provide access to their documents. Usage of

the system continues to grow- there were approximately 375,000 verifications in the reporting

period. Government age ncies continue to show strong interest in becomi ng users of the system.

66 PART 9:.. I OUTCOME 1

A TTOR N E Y- G EN E RA L'S DEPARTMEN T " 4 I

In May 2012, the Government announced its intention to work extensively with the telecommunications and financial services sectors to develop the po licy rationale for private sector access to the DVS. The department continued to work with Commonwealth and state and territory stakeholders to develop the governance and operational procedures to permit access. Seven out of the eight state and territory governmen ts have provided in-principle support for private sector access to their jurisdiction's documents.

Cyber security

The department worked with other Commonwealth agencies to develop policy responses to emerging cyber security threats, including to the Australian telecommunications network. In 2011-12, the departme nt led and made significant progress in the development of the telecommunications sector security reforms. This also included developing the terms of reference and discussion paper for one of the three national secu rity reforms to be considered by the Pa rli am entary Joint Comm ittee on Intelligence and Sec urity.

National Security legislative framework

The department worked cooperatively and collaboratively with portfolio agenc ies and other departments and agencies in reviewing and improving Australia's national security legislative framework.

The department worked to improve Australia's national security legislative framework, including:

" engaging with the Independent National Security Legislation Moni tor, whose first report

was tabled during the reporting period

" passage of the Intelligence Services Legislation Amendment Act 207 7 which continued the work on achieving more seamless coordination and information sharing between agencies

" passage of legislation to enable Australia to ratify the International Conven tion for the

Suppression of Acts of Nuclear Terrorism

" maintenance and updating of organisations listed as terrorist organisations under the Criminal Code, and the publication of a protocol outlining the processes and requirements applying to the listing of terrorist organisations

" passage of leg islatio n to provide for financial assistance to Australian victims of terrorism overseas

" working w ith intell igence , secu rity and law enforcement agencies to deve lop a range of possible law reform measu res aimed at ensuring agencies are adequately equipped to perform their functions in a changing technological environment and with appropriate safeguards and accountabilities. The Attorney-General has referred this package of proposa ls to the Parliamentary Joint Comm ittee on Intelligence and Security for further

consideration, public inquiry and report.

Chemical Secur ity

By comp leting important work under the Chemical Security Management Framework, the

department made progress towards achieving Outcome 1. This included assessment of the national security risks associated with a number of chemicals of security concern, raising

industry and community awareness about national security issues associated with chemicals, and consulting broadly with industry and the community about direct measures to reduce the

national security risks associated with chemicals that can be used by terrorists to harm the Australian public.

The department will continue to work towards meeting the national security outcomes under

the Chemical Security Management Framework. We will do this by assessing the national security risks associated with chemicals, initiation of further capab ility development and awareness-raising activities and building on risk mitigation work carried out in 2011-12.

The department has been tasked by the Council of Australian Governments [COAG] to

coordinate reforms to harmon ise state and territory security-sensitive ammonium nitrate

regulations. We will work towards achieving this in close collaboration with states and territories and industry through the National Government Advisory Group and National Industry Reference Group on chemical security.

Addressing home grown terrorism

The department worked to reduce the risk of home-grown terrorism by strengthening

Australiaâ‘s resilience to radicalisation and assisting individuals to disengage from violent

extremist influences and beliefs, through:

" the launch of the Resilient Communities website

" a variety of local engagement activities to empower communities to prevent violent

extremism, including a community grants program

" select engagement with our international partners.

National interception regime

The department continues to engage domestically and internati onally with stakeholders on

best practice options for maintaining the currency of the national interception regime.

Cyber crime

The department continued to lead the national response to cyber crime, including the

development of a national online cyber crime reporting facility and measures to improve law enforcement capacity to respond to cyber crime.

Organised crime and firearms

The department took a leading role in the development of a national response to organised

crime and firearms, with particular focus on the illicit use and trafficking of firearms.

68 PART ?- I OUTCOM E 1

A T TORNEY -GE N E RAL'S DE PART MENT I ANNUAL REPORT 2011-12

Com m onweal th Fraud and Corrup tion N etwo rk

The department continued to develop the Commonwea lth Fraud and Corruption Network, and provided advice and assistance to a number of agencies in relation to their fraud control arrangements.

Extradition and Mutual Ass istance Reforms

Through the passage of the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2072 in February 2012 , the department oversaw the most significant reforms to Australia's extradition and mutual assistance laws since the late 1980s . The reforms will ensure that Australia's international crime cooperation laws are modern, efficient and

effective, while mai ntaining access to due process and legislative safeguards for ind ividuals. In particular, the reforms reduce duplication in decision mak ing and increase the range of

law enforcement tools that Australian authorities can use to assist w ith foreign investigations and prosecutions. The reforms follow an extensive public consu ltation process, which included the release of discussion papers and exposure drafts of the legislation. The reforms commenced on 20 September 2012.

National Anti-Corruption Plan

The department continues to lead Australia's engagement as a state party to the United Nations Convention Aga inst Corruption. In 2011-12 the department led the review of Australia's compliance with Chapters 3 and 4 of the Conven tion. The review was conducted by a team of experts from the US and Turkey and facilitated by the United Nations Office on Drugs and Crime. The review found Australia has a comprehensive and proactive approach to combating corruption, and recommended continued progress on a range of important anti-corruption initiat ives, such as the development of a National Anti-Corruption Plan.

Rule of law and effective governance in As ia-Pacific

The department promoted the rule of law and effective governance in Asia-Pac ific and Africa by building the capac ity of law and justice officia ls in partner cou ntries and supporting the development of effective laws and legal policy.

For the first time, the department posted an officer to the Australian Embassy in Jakarta to advance the department's work in Indonesia, particularly the rule of law aid program to counter terrorism.

The department continues to deploy officers to Papua New Guinea under the Strongim Gavman Program [SGPI. in which the department has the largest contingent with twelve positions in the law and justice [non-po licing] sector. In 2011-12, the department's SGP advisers in the Office of the Public Prosecutor assisted in the establishment of a fam ily and sexual offences unit

Outlook for 2012-13 In 2012-13 the department will focus on the following priority areas.

Supporting the Attorney-General as the First Law Officer of the Commonwealth

" provide timely and quality advice to government through the Attorney-General and the Minister for Home Affairs and Justice

" provide a high standard of international law advice and services, including in relation to

international litigation such as that involving tobacco plain packaging and Japan's whaling program, to ensure that Australia successfully prosecutes international litigation and acts in accordance with its own internat ional obligations

" contribute to advancing a rules-based global order and developing an international law

reg ime that reflects A ustralian interests

" deve lop and implement a Rule of Law Aid Strategy to promote the government's international aid priorities and facilitate coordinated and effective delivery of rule of law aid to partner countries.

For example, the department will continue to promote the rule of law and effective governance in Asia-Pacific and Africa by working with partner countries to build the capacity

of law and justice officials and to strengthen laws and processes on transnational crime, people smuggling, people trafficking, terrorism and anti-money laundering; domestic crime and po licing [in the Pacific]; and international crime cooperation.

The department will continue its lead role in defending Australia's interests in international

litigation , including in relation to Japan's whaling in the Southern Ocean.

The department will also continue to carry out its overall responsibility for the Government's

defence of legal chall enges to the plain packag ing of tobacco products in 20 13. This will

include the conduct of the investor-state dispute, and assistance to the Department of Foreign Affairs and Trade in preparing for and defending any challeng es to plain packag ing in the W orld Trade Organization.

Protecting national security and building resilient communities

" develop capability and capacity within the community to prepare for, prevent, respond to,

mitigate and recover from national security threats

" through the countering violent extremism program [CVE]. promote a safe and inclusive Australia by assisting individuals to disengage from violent extremist influences and build communities that are less vulnerable to the processes of radicalisation, to reduce the potential for a home-grown terrorist attack

" develop po licy to manage Australia's borders

70 PART ?- I OUTCOME 1

ATTORNEY -GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

" support a whole-of-nation. resilience-based approach to emergency management policy and programs.

" the department will continue to develop and implement the telecommunications sector security reforms to ensure that governments and industry are ab le to plan and react to eve nts impa cting upon the integrity of telecommunications infr astructure. This wo rk

will be informed by the Parliamentary Joint Committee on Intelligence and Security inquiry's outcomes.

The department will progress work on:

" reviewing and improving the national security legislative framework through:

- engaging with and responding to issues raised by the Independent National Security Legislation Monitor. who has an ongoing role in examining Australia's counter " terrorism and national security legislation

- supporting the C OAG Rev iew of Counter-Terrorism Laws w hich will be condu cted in the second half of 2012

" implementing the new regime for financial assistance for Australian victims of terrorism ove rseas, which will include broad consultation on principles to guide the quantum of payments to victims and close family members.

The department will continue to manage the national CVE program, ensuring that Australian. state and territory agenc ies support and contribute to a national coordinated approach to countering violent extremism.

Th e department w ill continue work to upg rade the Wireless Priority Service Sys tem [W PSS]

from the 2G to the 3G network, to provide WPSS users with easier access to the WPSS function and improved coverage across Australia. This will assist key regional emergency responders and national decision-makers to deploy resources to areas of greatest need quickly.

Th e department will continue to work with states and territories to improve disaster

recovery by ensuring that the Na tural Disaster Relief and Recovery Arrangements [NDRRA ] are strengthened and targeted appropriately. A key area of focus for the NDRRA will be improving the consistency of the provision of Category C assistance measu res w hich supp ort commu nities and sectors severely impacted by a natural disaster. Th e completed review of state and territory insurance arrangeme nts ma y also provide opportunities to further consider the Commonwea lth's role in natural disaster relief and recovery costs.

The department will continue to work with key stakeholders to implement improved forecasting and validation of Commonwealth NDRRA expenditure on natural disasters.

Th e department will contribute to the implementation of the recom mendations from the COAG Review of Effectiveness of R elief and Recovery Pa yments.

Combating serious and organised crim e and corruption

" engage in international legal cooperative efforts aga inst crime

" develop policies to reduce Australia's exposure to corruption risks, including through transnational crime

" implement the Organised Crime Strategic Framework to ensure a coordinated, coll aborative and priority-driven approach to combating organised crime.

For example , as a state party to the U nited Nations Convention Against Corruption, Australia is required to assist in review of state partiesâ‘ compliance with the Convention. During 2012-13, the depa rtment will lead Australia's review of Tanzania's and the Netherlands' compliance with the Convention. Both reviews w ill be facilitated by the United Nations Office of Drugs and Crime, and Australia will partner w ith Mozambique in reviewing Tanzania, and w ith Uruguay in reviewing the Netherlands.

As an nounced by the M inister for H om e Affairs in September 2011, the department is leading the development of a National Anti-Corruption Plan. The Plan will provide a clear statement of our whole -of-government approach to combat ing corruption and aims to ensure the Commonwea lth is adequate ly equipped to dea l with existing and emerging corruption threats. The depa rtment is leading an extensive public consultation process to inform the deve lopment of the Plan.

Promoting equity and efficiency to improve access to justice

" suppo rt a legal framework for equitable access to fair, simple, effective dispute resolution mechanisms, including federal courts and tribunals

" improve the clarity and accessibili ty of Commonwealth laws

" promote the development of streamlined and integrated family support services

" improve the administrative justice system to support better informed, fairer and more responsive government decision making.

For example , the department w ill continue to pursue the introduction of mediation into Hague abduction and access matters through its membership of the Malta Process Working Party. There has been an increase in abduction applications lodged und er the Ha gue Convention on the Civil Aspects of International Child Abduction over the last two financial years. The department expects that this trend will continue in 2012-13.

On 23 June 2012, the Attorney-General announced that the Australian Government will issue

a formal apology to those affected by forced adoption practices. The department will work closely with the Reference Group appointed by the Attorney-General to advise on the wording and delivery of the Australian Government's apology to those affected, as well as other stakeholders, in coordinating the Government's response.

The department will improve the services delivered to Commonwealth-registered marriage celebrants, including increased access to the Marriage Law and Ce lebrants Section; new technology; and enhanced information. It will also work on more effective regulation of Commonwealth-registered marriage celebrants through strengthened application , performance review and comp laints-handling mechanisms.

72 PART ? HAPTER t I OUTCOME 1

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The department will work to finalise the court fees package announced in the 2012-13 Budget and amend the regulations to ensure the reforms commence on 1 January 2013. The department will continue to work closely w ith the federal courts on this issue .

Work will continue on the review of legal assistance. The review will ensure that legal assistance is of high quality and targeted to those most in need, and that the delivery of legal assistance is cost effective and coordinated with other service provision and done in collaboration across the legal assistance sector. The review is to be completed by 30 June 2013.

Protecting people's rights

" ensure equitable access to and en joymen t of the rights, benefits and protections of the justice system for vulnerable and disadvantaged Australians at risk of social exclusion

" implement Australia's Human Rights Framework through enhanced scrutiny of legislation and human rights education

" develop policies to strengthen community safety for Indigenous Australians

" develop privacy and information policy to improve protections for individuals in an environment of rapid technological change

" improve outcomes in native title claims resolution and agreement-making, with a focus on promoting economic opportunities for Indigenous communities.

All jurisdictions are working together on a series of evaluations of good practice initiatives under the framework. The evaluations are funded by the Commonwealth and include twenty-six programs across five broad subject areas. The first tranche of the evaluations are scheduled for completion in De cember 2012. The second tranche will be finalised in October 2013.

The department w ill review the Indigenous Justice Program guidelines and und ertake a funding round in 2013 -14.

In 2012 -13, the department's lead role in implem enting the Human Rights (Parliamentary Scrutiny] Act 2011 will continue and preparatory work will also commence to review the Act as part of the overall Human Rights Framework review in 2013 -14.

173

Adapting law and law enforcement in the digital economy

" develop policy to support microeconomic reform to maximise innovation, productivity and

efficiencies in business and government

" combat criminal activity in the online environment

" strengthen the Australian Government's approach to identity security, to improve trust and

confidence in the online environment and support the growing number of services that

make use of new and emerging information and communication technologies

" develop measures to reduce regulatory burdens and improve productivity through

harmonisation of laws and support for economic reforms.

For example, the department will implement projects under the National Identity Security Strategy. Key projects include a Biometrics lnter operabil ity Framework and expansion of

the DVS to selected areas of the private sector. An identity crime and misuse evidence base. a stock-take of the security features of ma jor identity credentials and an identity security

education and awareness project will also be delivered in 2012 -13.

Major measures

The major measures for the department for 2012-13 are strengthening commun ity

safety and access to justice for Indigenous Australians in the Northern Territory; building the effectiveness of police, government officials and laws in Pacific partner countries;

strengthening human rights; and extending the government's DVS to the private sector on a cost-recovery basis to combat identity fraud.

Th e department will continue to work closely and cooperatively with its portfolio agencies,

other government agencies [Commonwealth, state and territory]. advisory bodies, businesses, professional associations, community organisations and citizens in achieving

its objectives.

The department will continue to strengthen its relationship with citizens; its capacity to

provide strategic policy; the efficiency, quality and agility of its services; and its ability to

look forward and proactively position itself to address the challenges facing the nation in commg years.

The legislative drafting and publishing functions in the department will be transferred

to the Office of Parliamentary Co unsel [OPC). The date of the transfer is anticipated to be 1 October 2012. The Parliamentary Counsel and Other Legislation Amendmen t Act 2012.

which was passed in July 201 2, provides enabling legislation.

74 PART ~ I OUTCOME 1

Australia receives positive

report for anti-corruption initiatives

ATTOR N E Y -GE N ER A L 'S DEP A RTMENT I ANNUAL REPORT 2011 12

United Nations Convention against Corruption review

In 201 1-12 the Attorney-General's Department

led the review of Australia's compliance

with the United Nations Convention against

Corruption [UNCAC]. The review was

conducted by experts from the United States

and Turkey and facilitated by the United

Nations Office on Drugs and Crime.

The review involved the co m pletion of a

comp rehe nsive 300 page self-assessment

report by Australia, extensive consultation

with government stakeholders, a public

consultation process, and a country visit by

the review team. Claire Cocker, a Senior Legal

Officer in the International Crime Cooperation

Division, said the completion of Australia's

review has been a positive expe rience.

'It was a great experience for us to be able to

wo rk on a project w ith anti-cor ruption expe rts

from other countries and to be able to share

experiences and international best practice.

'As the primary contact officer for the review,

I was able to gain an in-depth understanding

of the wide variety of work undertaken across

the Commonwealth that collectively forms our

anticorruption architecture.'

The Executive Summary of the report

was formally lodged at the meet ing of the

UNCAC Implementation Review Group in

Vienna on 18 June 2012, and Australia was

commended for its comprehensive and

proactive anti-corruption arrangements.

The report highlights a number of good

practices undertaken by Australia including

the unexplained wealth provisions of the

Proceeds of Crime Act 2002; A ustralia's developme nt and expa nsion of a federal non "

conviction-based asset forfeiture scheme ;

the comprehensive range of investigative

tools for fighting corruption; and Australia's

money laundering offences that go beyond the

minimum UNCAC standards.

Kieran Butler, a Principal Legal Officer in the

International Crime Cooperation Division,

said the review process has provided a useful

op portunity to reflect on how we ca n imp rove

our ability to effectively com bat corruption,

and how we can utilise those lessons in our

engagement with countries in our region.

'Conducting an in-depth examination of

Commonwealth anti-corruption arrangements

through this review has proven invaluable.

In 2012 the International Crime- Policy and

Engagement Branch is developing Australia's

first National A nti-Corruption Plan wh ich

will ensure the Commonweal th is adequately

equipped to tackle emerging corruption risks

and effectively coordinate our efforts.

'The results of the UNCAC review and

feedback from the public consultation process

in developing our self-assessment report are

critical tools for the development of the Plan.'

As a state party to UNCAC, Australia is

required to assist in review of state partiesâ‘

com pliance w ith the Co nvention. Du ring

2012-13, the department will lead Australia's

review of Tanzania's and the Netherlands'

compliance with the Convention. Both reviews

will be facilitated by the United Nations Office on Drugs and Crime, and Australia

will partner with Mozambique in reviewing Tanzania, and with Uruguay in reviewing the

Ne therlands.

I 11

Civil Justice and Legal Services departmental programs

Program l.l

Attorney-General's Department operating expenses -Civil Justice and legal Services

Summ ry

The ma jor focus in 20 11-12 for Program 1.1 was access to justice, Indigenous justice and

service de livery:

" Key initiatives were implem ented under the National Partnership Agreement on Lega l Assistance Services, w ith a focus on developing a more strategic approac h to service deli ve ry, including an emphasis on early intervention and prevention services.

" Fu nd ing totalling $32.665 mill ion was provided to 138 co mmunit y legal centres. The co mmuni ty legal centres fun ded un de r the prog ram provided m ore than 235,600 advices, closed m ore than 50 ,000 cases an d de livered m ore than 3,30 0 co m m unity legal education

projects nationall y.

" Funding totalling $63.635 m illi on was provided to eight Aboriginal and Torres Strait Islander legal services. Aboriginal an d Torres Strait Islander lega l services provided an estim ated 96,000 advices, 28,000 duty lawyer services and co nducted 90 ,000 cases. In add ition, two Abo rigina l and Torres Strait Islander legal service providers in the Northern Territory received $2.5 m illion to assist with the provision of additional legal and we lfare

r igh ~s assistan ce to co mmun ities in the remote No rthern Territory under the C losing the

Gap initiative.

" The Attorney-Ge neral announc ed a range of legislative and institutional reforms

du ring the year to speed up native title claim resolutions and improve outcomes for

all stakeholders.

I 79

" During the year, the Commonwealth was a party to ten consent determinations of native tit le.

" Clear and constructive legal advice on Australia's international human rights ob ligations was provided to a wide range of Government agencies, enhancing the protection of human rights in legisl ation and policy.

" The department facilitated constructive engagemen t by the Government with human rights

treaty bodies, including through responding to individual human rights commun ications.

" Th e Human Rights (Parliamentary Scrutiny) Act 207 7 was implemented, including provision of assistance and training to Government agencies to meet the new requirements

introduced by the Act.

" The depa rtment is the lead agency for negotiations on the Protection of Audiovisual Performances. On 24 June 2012, the World Intellectual Property Organization [WI PO] Diplomatic Conference on the Protection of Audiovisual Performan ces concluded the WI PO Audiovisua l Performances Treaty, known as the Beijing Treaty on Audiovisual

Performances. An officer from the department represented A ustralia and signed the Final Act of the Diplomatic Conference, concluding the final text of the treaty.

" On 20 July 2012 the Attorney-General completed a fou r month consultation process to consider the merits of reform to Australian contract law. Th is consultation process forms part of the Attorney-General's agenda for m icroeconomic reform in the law and justice sector to improve business efficacy and further Australia's economic performance.

Maior achievements

Access to justice

The department supported the Attorney-General in developing the Access to Justice [Fede ral Jurisdiction] Bil l2011 introduced into Parliament on 23 November 2011. The B ill implements model national provisions conce rning suppression orders and vexatious proceed ings, enhances Federal Court powers co ncerning discovery, enhances Administrative Appea ls

Tribunal flexibility in dealing with fees and aligns jurisdictiona l limit s for WA family law and federal mag istrates. These meas ures will increase the flexibilit y of courts and tribunals to deliver access to justice.

The department supported the Attorney-General in developing the Trans-Tasman Proceedings Regulation 2012. Once associated changes have been made to court rules in all states and territories, the Agreement Between the Government of Australia and the Government of New Zealand on Trans-Tasman Court Proceedings and Regu latory

Enforcement can enter into force, streamlinin g procedures for legal proceedings and en forcement of orders and regulatory fines as betwee n the two countries.

The department supported the Attorney-General in developing the Parliamentary Counsel and Other Legislation Amendment Bill2012 w hich was passed by Parliament on 22 June 2012. This will facilitate the transfer of the Office of Legislation D rafting and Publishing to the Office of Parliamentary Counse l. The creation of a single Commonwealth drafting agency w ill support the Government's clearer laws agenda by supporting a consistent approach to the drafting of all types of Commonwealth legislation.

C..HAP Ef.: I CIVIL JUSTICE AND LEGAL SERVICES-DEPARTMENTAL PROGRAMS

A TT ORNEY-G E NERAL'S DEPARTM E NT I ANNUAL REPORT 2011 12

The department also supported the Government by developing orders under section 198 of the Acts Interpretation Act 1901 to ensure that administrative changes necessary to give effect to changes in minister's titles as a result of changes to the m inistry and Cabinet were in place. These orders replace references to the former title with references to the

new minister's title in existing legislation so that the new minister can exercise the relevant powers and functions under the legislation .

Dispute res olution

The Civil Dispute Resolution Act 2011 commenced on 1 August 2011. It requires parties commenc ing ce rtain proceedings in the Federal Court or Federal Mag istrates Court to file a statement saying what steps they have taken to try to resolve their dispute, or if they have not, the reasons why. It does not require parties to take any steps before starting proceedings or prevent pa rties from accessing a court. The Act then allows the courts to take that statement

into consideration in deciding how to handle the case.

These reforms are aim ed at increasing access to justice for the community by promoting

realistic , cheaper, faster and less stressful alternatives to litigation. with outcomes

determined by the people involved. It is consistent with the Australian Government's Strategic Framework for Access to Justice, which promotes empowering people to manage and resolve their own disputes before they escalate.

The department supports the National Alternative D ispute Reso lution Adv isory Counci l [NA D RAC ]-an independent body responsible for providing alternative dispute resolution

policy advice to the Attorney-General and promoting alternative dispute resolution. The

department has assisted N ADRAC to deve lop a joint pub lication, Your guide to dispute resolution, which contains readily accessible, useful information about alternative dispute resolution and gives practical tips on using ADR. It will help the reader identify options

available to them for resolving their disputes. The Guide was final ised in June 2012 and launched by the Attorney-General in July 2012 .

Family law

Considerable work has been conducted to improve collaboration between the federal family

courts and child welfare authorities . The department has deve loped strong and productive working relationships with stakeholders in this area and has received significant input from key stakeholders in relation to proposed national initiatives to improve the interface between

the two systems.

The department continues to make signif icant progress in implementing a family law system wh ich w ill contribute to a safer society. The Family Law Amendment [Family Violence & Other

Measures} Act 2011 was passed by Parliament on 24 November 2011. These family violence ame ndments to the Family Law Act 1975 commenced on 7 June 2011. The amendments include changing the definitions of 'family violenceâ‘ and 'abuse' to better capture harmful

behav iour; and changes to priorit ise the safety of children, remove disincentives to disclosing family violence, strengthen adviser obligations, and make it easier for state and territory child

we lfare au thorities to participate in family law proceedings w here children are at risk. An

education campaign on the amendments commenced in April2012.

The department continues to encourage family dispute resolution to help families resolve their family disputes outside the courts wherever possible. A pilot of coordinated family dispute resolution which was developed for use in cases where there is fam il y violence was expected to conclude in April2012 but has been extended to A pril2013. Pilots commenced in late 20 10 and operate across five sites: Brisba ne, Western Syd ney, Newcastle, Perth and

H obart. They are being independently evaluated.

In March 20 12, the department commissioned the Community Services and Health Industry Skills Council Ltd to scope the need for competency development for family dispute resolution in the areas of property and spousa l maintenance disputes under the Family Law Act 7975 and international disputes to support the Australian Government's obligations in

H ague Convention matters. It is anticipated the scoping project will assist in identifying any need for wo rkforce development in the fam il y dispute resolution sector. The report is expected to be final ised in Aug ust 2012.

In May 20 12, the Attorney-Gene ral anno unced funding for Fam1 ly Relationship Services Australia to administer a family dispute resolution scho larships scheme aim ing to increase opportunities for people from Aboriginal, Torres Strait Islander and cultural ly and linguistically diverse backgrounds. The scheme aims to increase the number of fam ily dispute resolution practitioners from these backgrounds, building workforce diversity and the capacity of the service sector to respond to community needs.

The department provides support to the Fami ly Law Council, a statutory authority established under section 115 of the Family Law Act 7975 to advise and make recommendations to the Attorney-General in areas relating to family law. During the yea r, the Council provided the

following advice and recommendations either of its own mo tion or at the request of the Attorney-General:

" 27 February 2012 - two reports were provided to the Attorney-General in response to Terms of Reference issued in November 2010 regarding ways the family law system meets the needs of clients from Indigenous and culturally and linguistically diverse backgrounds. A Government response is being prepared.

" 5 August 2011 -a letter of advice in response to a request by the Attorney-General and the Hon Jenny Mack lin MP , Minister for Families, Housing, Community Services and Indigenous Affairs , on the issue of child support in cases of international parental

child abduction.

The department, through a consu ltant Relationships Australia South Australia, has produced a state of the art screening and assessment framework and tool for use by agencies and professionals, to identify safety risks for fam ily law system clients. The screening and

assessment package will include a training guide and can be administered via computer. It will assess clients across a range of domains including family violence and child abuse.

The department has selected Relationships Australia Queensland to replace Department of H uman Services [Centrelink] as the provider of the Information and Advice component of the Family Relationship Adv ice Line [the Advice Line]. The Advice Line is an anonymous national telephone service that provides information and referral to services that can help strengthen

relationships, ove rcome relationship difficul ties or dea l w ith separation.

82 PART ?.

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ATTORNEY-G E NERAL'S DEPARTM E NT t t R F 2

In May 2012, the department hosted an international mediation training event for Australian family dispute resolution practitioners. An internationally renowned, German-based mediator training organisation [MiKK] was engaged to provide the training to a select group of senior practitioners from key organisations around Australia, including Legal Aid Comm issions and the Fami ly Court of Australia. The training is a first step towards bu il ding a properly qualified workforce to undertake mediation in Hague abduction and access matters and the introduction of mediation into Hague Convention processes.

On 26 March 2012. the Attorney-General announced that International Social Service [ISS]

Australia would be funded to give free legal assistance to Australian parents dealing with the abduction of their child from Australia. The new legal assistance service complements the counselling and med iation service already provided by ISS and funded by the department. The Government's new funding agreement with ISS provides a national service to help parents prepare and lodge applications from Australia for the return of. or access to, children under the Convention. The agreeme nt also addresses key recommendations from the Senate Lega l and Co nstitutional Affairs References Committee report into internationa l child abduction to and from Australia, to wh ich the Government responded on 30 March 2012.

Ma rriage celebrants

The department published Guidelines on the Marriage Act 1961 for marriage celebrants in February 2012 to assist marriage celebrants to solemnise marriages in accordance with the requirements of the Marriage Act 1961 [Cthl. This comprehensive, easy to understand resource is making a positive contribution to the professionalism of the marriage celebrancy sector which in turn leads to better experiences for marrying couples.

The department undertook national consultations in late 2011 on the implementation of the reforms to the marriage celebrants program, including the introduction of cost recovery. Following the national consultations, and a consideration of approximately 280 written submissions, a summary of the feedback provided to the department was made available on the department's website. The consultation process included meetings with Commonwea lth " registered marriage celebrants, celebrant associations, state and territory Registries of Births, Deaths and Marriages and members of the community. The department will release a

consultation paper in mid-2012 to allow marriage celebrants further opportunity to comment

on the reforms.

The first phase of the Marriage Ce lebrants Program 'MarCel' database was released in 2012. The database will underpin the introduction of the reforms and cost recovery by creating efficiencies in the management and reporting of the marriage celebrants program. Work is underway for the next phases which will enable an online com pon ent for celebrants and introduce many of the reforms projects.

In January 2012, the Attorney-General announced that Australians seeking to enter into a same-sex marriage overseas would be able to apply for a certificate of 'no impediment to marriageâ‘ from 1 February 2012. This certificate confirms that there is no impedime nt to a person taking part in a marriage ceremony overseas.

Interco untry ad option

The department continues to facilitate a co nsistent national approach to processes and service delivery for Australian prospective adoptive parents. The department continues to wo rk closely with stakeholders and our overseas program partners to ensure that Australia"s intercountry adoption programs rema in ethical and viable and that the best interests of children are always paramount .

In line w ith our commitme nt to promote ethical and responsible intercountry adoption practices, the depa rtment presented on its experience in addressing child trafficking in intercountry adoption at the 11th Globa l Consultation on Child Welfare Services in the Philippines in August 2011. The department also participated as a pane ll ist on the challenges of achieving safe intercountry adoptions at the 4th Asia Pacific Regiona l Conference on the H ague Conference on Private International Law in the Philippines in October 2011.

The department also steered the deve lopment of cooperative measu res at the international level to improve procedural safeguards and protectio ns for children. Following Australia-sponsored discussions on this topic at the Hague Special Commission meeting in June 2010, the department coordinated an informal working group which developed principles and cooperative guidelines to prevent and address ill icit practices in intercountry adoption. The result will be circulated to all Hague Central Authorities and published online.

In early 2011 Australia convened a working group to develop cooperative measures to prevent and address il licit practices in intercountry adoption cases. This was in response to

a recommendation of the 2010 Special Comm ission on the practical operation of the Hague Convention on Inter country Adop tion. Those involved in the working group include send ing and receiving countries and non -gove rnment organisations.

The working group has developed a discussion paper setting out principles and cooperative measures to prevent and ad dress illicit practices.

Huma n rights

The department continues to implement the Human Rights Frame work. including:

" Consolidation of anti-discrimination laws - a discussion paper was release d in September 2011 to guide consultation on the project to consolidate Commonwealth anti " discrimination laws into a sing le Act. Th e department conducted three multi-stakeholder forums and a series of one-on-one meetings and received 240 submissions over a four "

month consultation period. The department has developed policy options for gove rnment consideration based on the outcomes of this consultation.

" Na tional Human Righ ts Action Plan - an exposure draft Plan was released in Decembe r 2011 and includes a range of actions across Commonwealth, state and territory governments

to promote human rights. The Plan will include actions that implement the recommendations from Australiaâ‘s most recent UN Universal Periodic Review of Human Rights.

" Public Sector Educa tion Program on Human Rights - the program provides the public sector w ith information about Australiaâ‘ s internationa l human rights ob ligations and their role in respecting, protecting and fulfil ling human rights. In 2011 , training was delivered to over 700 public sector officials from thirty-five departments and agenc ies across the Commonwealth.

84 PART ?-

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ATT O RNE Y -GE N ERAL 'S DEPARTME NT J ANNUAL REPORT 2011-12

" Education grants - the department also provides small grants to community organisations to deliver grassroots human rights educa tion projects for the communi ty and vu lnerable groups. In 2011 . a total of $439,663 was awarded to fund fifteen human rights education projects including human rights workshops for Indigenous children in remote communities in the NT and self-advocacy training for peop le with disabil ities in NSW .

In June 2012 , the departme nt led a high level Government delegation for Australia's

appearance in Geneva before the UN Committee on the Rights of the Child. The appearance provided the Government with the opportunity to set out Australia's record and achievements in implementing our commitments under the Convention on the Rights of the Child and its Optional Protocols on the involvement of children in armed conflict and the sale of children, child prostitution and child pornography. The Committee commended Australia on key projects within the department including the establishm ent of a National Children's Com m issioner and Australia's Human Rights Framework. The departmen t coordinated detail ed briefing across Co m monweal th departments and state an d territory governm ents, and en gaged constructively with key non-government stakeholders who also attended the appearance.

The Australian Human Rights Commission Amendment [National Children â‘s Commissioner) Act

2012, which was developed by the department. was passed by the Australian Parliament on 25 June 2012 and commenced on 1 July 2012. The Act establishes a National Children's Commissioner within the Australian Human Rights Comm ission. The Na tional Ch ildren's Commissioner will be the first dedicated advocate focused on the human rights of children and young peop le at the national level. The Commissioner w ill promote discussion and awareness of issues affecting ch ildren, conduct research and education programs and consult directly w ith children and representative organisations. The Commission er will also monitor Co m monwea lth leg islation, po licies and programs as well as national or cross-jurisdictiona l matters that would benefit from nationa l leadership.

The department has worked towa rd the ratificat ion of the Optional Protocol to the Convention Against Torture and O ther Cruel, Inhuman or Degrad ing Treatment or Punishment [OPCAT) , including by developing the National Interest Analysis, which was tabled in Parliament in Februa ry 2012, wh ich led to the Joint Standing Commit tee on Treaties recommending the Government take binding treaty action. The departmen t

continues to work w ith the states and territories to develop model legislation that would implement the obligations under the O P CAT.

Human Rights (Parliamentary Scrutiny} Act 2077

The Human Rights [Parliamentary Scrutiny) Act 2011 introduced the requirement for all new Bills and disallowable legislative instruments to be accompanied by a Statement of Compat ibili ty with human rights. The department developed a range of training materials and resources which are available online to assist Australian Government departments in drafting statements of compatibility. The department also implemented a targeted training strategy to assist the public sector to meet these new requirements. including conducting training sessions on statements of compat ibility for over 600 po licy and legal officers across the public sector.

Tobacco plain packaging litigation

In December 2011 the department assumed overall responsibility for the Government's defence of legal challenges to the plain packaging of tobacco products under the Tobacco

Plain Packaging Act 2011.

Two constitutional challenges to the plain packaging legislation were heard by the High Court of Australia on 17-19 April 2012: British American Tobacco Australasia Limited and Drs v. Commonwealth of Australia and JT International SA v. Commonwealth of Australia. Th e department assisted in the preparation of the Commonwealth's case in both proceedings.

On 15 August 2012 the High Court handed down orders for these matters, and found that the

Tobac co Plain Packaging Act is not contrary to s 51 [xxxi] of the Constitution. The Court will publish its reasons at a later date.

Philip Morris Asia is challenging the plain packaging legislation under the 1993 Agreement between the Government of Australia and the Government of Hong Kong for the Promotion and Protection of Investments. The dispute was formally initiate d by way of a No tice of Arbitration on 21 November 2011. On 21 December 2011, the Government provided its

Response to the Notice of Arbitration. The documents are available at www.ag.gov.au/ tobaccoplainpackaging. The arbitral tribunal was established on 15 May 2012 and held its first procedural meeting on 30 July 2012. The arbitration will be conducted under the United Nations Commission on Internat ional Trade Law [UNCITRAL) Arbitration Rules 2010 .

The department has provided support to the Department of Foreign Affairs and Trade, which has responsibility for management of any challenge to the plain packaging of tobacco products in the World Trade Organization [WTO], in the preparation for and conduct of WTO dispute consultations with Ukraine and Honduras. Requests for consultations were made by

Ukraine and Honduras on 13 March and 4 April 2012 respectively; consultations were held with those two WTO Members on 12 April and 1 May 20 12, respectively. On 18 July 2012, the Dominican Republic requested WTO dispute settlement consultations. These consultations have not yet been held. O n 31 August 20 12 Ukraine made its first request for a dispute panel to be established. Australia refused this request. Ukraine is expected to make a second

request for a panel to be established. Australia will not be able to refuse the second request from Ukraine.

International whaling litigation

The department leads Australia's anti-whaling case in the Internationa l Court of Justice, which seeks to bring an end to Japan's whaling in the Southern Ocean . In March 20 12 the department received Japan's written submissions, which set out Japan's comprehensive legal argume nts in response to Australia's case, which was fil ed with the Court in M ay 2011.

The next stage in the case w ill be oral hearings, w hich are likely to take place in The Hague in the second half of 2013.

86 PART ?-.

I CIVIL JUSTICE A N D LEGAL SERVICES -

DEPARTMENTAL P ROGRAMS

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Legal assistance

The department comm issioned a review of Commonwealth legal assistance services. which is due for completion by 30 June 20 13. The review is a collaborat ive project between the Commonwealth. states and territories. It will evaluate the quality, effic iency and cost-effectiveness of service delivery across all four Commonwealth-funded legal assistance

services. namely legal aid commissions, community legal centres. Aboriginal and Torres Strait Islander legal services and family violence prevention legal services for Indigenous Australians.

The National Partnership Agreement on Legal Assistance Services came into effect on 1 July 2010 for a period of four years. Under the Agreement. the Australian Government will provide states and territories with more than $785 million over four years to deliver Commonwealth legal aid services. This includes $92.3 mill ion in additional legal aid funding.

During the year. the department worked with the states and territories to enhance forums established in each jurisdiction to consider opportunities for better coordination and targeting of services between legal assistance service providers. as we ll as the linking of legal aid services with other service providers. The department also agreed on a reporting framework with the states and territories and legal aid commissions for reporting progress aga inst performance benchmarks established by the Agreement. Each state and territory has developed an information and referral strategy to ensure comprehensive access to legal assistance information.

Fund ing totalling $32.665 million was provided to 138 community legal centres for the provision of generalist as well as specialist assistance in legal and related matters to disadvantaged members of the community and those with special needs. Specialist sub " programs include services for women [including Indigenous and rural] and youth as well as child support. disability discrimination matters, welfare rights. and environmental issues.

As part of the 20 11 -12 Budget, the Australian Government decided to expand the range of matters and individuals who would qualify for assistance under the various legal financial assistance schemes administered by the department. The goal was to ensure a fairer and more effective distribution of limited legal assistance funds. The changes are also designed to provide greater support for pro bono activities by the legal community.

In consultation with organisations associated with the delivery of pro bono legal services.

the department also developed a Disbursement Support Scheme. which will commence on 1 July 2012. Th e Scheme will aim to assist financially disadvantaged persons overcome the obstacle imposed by the cost of disbursements. Assistance under the Scheme w ill be available for persons who would not otherwise receive government assistance and is limited to Commonwealth non-criminal Legal matters.

During the year, and in the context of consolidation, the department also conducted a review of the Native Title Respondent Funding Scheme . It was timely to re-evaluate the Level of legal assistance provided to respondent parties to native title claims. given the deve lopment of native title law in the years since the enactment of the Native Title Act 1993. The departmen t's review was informed by a public consultation process. and a report was prepared by an independent consu ltant. Mr Anthony Neal SC. Changes to the Native Title Respondent Funding Sc heme will take effect on 1 January 20 13.

I a1

The department has been working on a data standardisation project across all four Commonwealth-funded legal assistance services, working closely with representati ves from all four services. The work of the data standardisation group is integral to the evaluation framework be ing developed under the review of the legal assistance programs and w ill help build an evidence base in the sector.

The Indigenous Legal Assistance and Po licy Reform Program delivers culturally sensitive legal assistan ce an d related services to Indigenous Australians. Th e Program helps deliver a coordinated, long term and mu lti-jurisd ictional approach to reduce the incidence of Indigenous Australiansâ‘ adverse contact with the justice system. Funded Abo riginal and Torres Strait Islander legal service providers achieve this by working with other Indigenous and non -Indigenous service providers.

Indigenous justice

In 2011-12 , funding was provided to eight A boriginal and Torres Strait Islander legal service providers, totall ing $63.635 m illion. The legal services suppo rt the delivery of culturally sensitive legal assistance and related services to Indigenous Australians so tha t they can fully

exercise their legal rights as Australian citizens. Additional one-off fund ing was provided in June 2011 to increase capacity to deliver legal services and contribute towards the cost of

expensive cases.

The Indigenous Women's Program is a specialist service under the Commun ity Legal Services Program. In 2011-12, $1.131 million was provided to eight community legal centres to he lp address particular legal needs affecting Indigenous women through the provision of

legal information. legal advice, casework , and community legal education.

Native title

On 6 June 2012, the Attorney-General announced that the Australian Government will

progress a number of amendments to the Native Title Act 1993.

The proposed reforms will:

" clarify the meaning of 'good faith' under the 'right to negotiate' provisions and make associated amendments to 'right to negotiate' provisions

" enable pa rties to agree to disregard historical extinguishment of native title in areas such as parks and reserves

" streamline Indigenous Land U se Agreement [ILUA] processes. This will include simplifying the process for minor amendments to ILUAs, improving objection processes for area ILUAs and clarifying the coverage of ILUAs.

The proposal to clarify the mean ing of 'good faith' was included in the Government's 2010

Discussion Paper, Leading practice agreements: maximising outcomes from native title benefits.

The amendment to enable parties to disregard historical extinguishment in parks and reserves was released as an exposure draft for pub lic consultation in 2010.

The proposals to simplify the process for m inor amendme nts to ILUAs and improve objection processes for area ILUAs were also include d in the Leading practice agreements discussion paper.

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The Government will further consult with stakeholders on the development and implementation of these reforms. An exposure draft of the legislation will be released for consu ltation.

On 8 May 201 2, the Australian Government announced it would implement further

institutional reform to the na tive title system as part of the 2012-13 Budget through:

" the transfer of the Na tional Native Title Tribunal' s (NNTT) appropriation (minus savings)

and staff to the Federal Court of Australia, forming a distinct organisationa l unit that will continue to undertake most of the NNTT's current functions, including future acts

functions and maintenance of Native Title Registers

" the transfer of native title claims m ediation and claim-related ILUA negotiation assistance to the Federal Court of A ustralia, to be performed by its own staff

" a review by the NNTT and the department (in consu ltation with the Department of Families, Housing , Commun ity Services and Indigenous Affairs) to determ ine w hether the

NNTT's discretionary services (including ILUA negotiation assistance , geospatial/mapping, research, workshops, and seminars) should be reduced or discontinued, and w hether cost

recovery would be desirable

" the removal of the NNTTs status unde r the Financial Management and Accountability Act 7997 (FMA Act) as an FMA Ac t agency.

All but one of these reforms (the transfer of ILUA negotiation assistance that is related to claims) was recommended by the Strategic review of small and medium agencies in the

Attorney-General's portfolio (the Skehill review).

Th e reforms commenced on 1 July 20 12, and the department has had a key role in ensuring

the impleme ntation of the measures.

As at 30 June 2012 , there we re 475 active native title applications lodged w ith the NNNT, with the Commonwealth being a party to the Federal Court proceedings in relati on to approximately a quarter of these claims. The department takes a flexible approach to

resolving the Government's involvement in na tive title claims, including seeking, w here possible, to resolve mat ters through consent determinations. In 20 11-12, the Federa l Court

handed down thirty-four conse nt determinations, w ith the Commonwealth be ing a party to

ten of these.

On 14 March 2012, the Full Court of the Federal Court handed down its decision in the

Commonwealth's appeal of the Torres Strait Regional Seas Claim. The Commonwea lth had appea led Justice Finn's finding that a native title right to take marine resources for

commercial purposes had not bee n extinguished . The Australian Fisheries Management Authority was co ncerned to clarify this issue in light of its obligations to manage fisheries in the area. Th e Full Cou rt's determination now provides that the native title holdersâ‘ right

to access and take resources does not extend to taking fish and other aquatic lif e for sale

or trade.

The native title holders then filed an application for special leave to appeal to the H igh Court on three grounds. Firstly, that the Full Court erred in holding that a commercial right to take marine resources was extinguished. Secondly, that the Full Court erred in holding that reciprocal rights are not native title rights and, finally, that native title rights must yield to the public right to fish and to customa ry rights. As at 30 June 2012 , the spec ial leave app lication had not yet been set down for hearing.

Federal courts and tribunals

Th e departme nt supp orted the Attorney-General in deve loping the Judicial Misbehaviour and

Incapac ity [Parliamentary Commissions] Bill2012 and the Courts Leg islation Ame nd ment [Judici al Complaints] Bill2012, introduced into Parliament on 14 Marc h 2012. The Bills w ill provide a clear, accoun table and effective system for handing comp laint s aga inst federal judicial officers, both w ithin the courts and, where necessary, in the Parliament.

Th e department worked closely with the D epartment of Defence in order to support the

Attorney-General in developing the M ili tary Co urt of Australia BiLl2012 and the Military Co urt of Australia [Transitional Provisions and Consequentia l Amendments) Bill2012, introduced into Parliament on 21 June 201 2. The Bill will establish the Military Court of Australia unde r Chapter Ill of the Constitution to provide a pe rmanent system of military justice for Aus tralia's defence forces. Th e new Court will provide a m ode rn system dedicated to trying serious

service offences and w il l ensu re independent an d transparent military justice for service personnel on a long-term basis.

Th e depa rtment assisted the Attorney-General w ith the process of appointing one Fede ral

Cou rt judge, two Family Court judges and two Fede ral Mag istrates. The appointment of Federal Magistrate Matthew Myers was particularly significant as Australia's fir st Indigenous appointment to a federal co urt.

The department assisted the A ttorney-Gene ral with the processes leading the appointment of the Han Dun ca n Kerr MP Chev LH asa Fede ral Court judg e and, on 15 M ay 20 12, as President of the Admin istrative Appea ls Tribunal. The Government has also announced a process for collaboration between merits review tribunals to promote efficiency and best practice. The department is wo rking closely with the President to support this process.

The depa rtment assisted the laun ch of the Administrative Appea ls Tribunal's jurisdiction to review Norfolk Island Administration decisions on 1 March 20 12, as part of the Government's

N orfolk Island reform process. This includ ed preparation of the Admi nistrative Appea ls Tribunal Amendmen t Regulations 20 12 and pa rticipation in a multi-agency group that provided training on the Island.

The department suppo rted the Attorney-General w ith a 20 12-13 Budg et meas ure to increase court fees, w hich w il l provide an increase in revenue of $72 .7 m illi on over four yea rs. The fee increases are pa rt of court reforms wh ich focus on governmen t priorities of accessibility and timely resolution of disputes. The department co ntinues to progress the details of the final fees package in close consultation w ith the federal courts.

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ATTORNEY-GENERAL'S DEPARTMENT N~ U l Rf R T 2 0 1

Administrative law

The department supported the Attorney-General in developing the Legislative Instruments Amendment [Sunsetting Measures] Bill, introduced into Parliament on 23 May 2012. The Bil l will facili tate the efficient culling of ou t of date legislative instruments and also allow more holistic and effective app roach to the review of such instruments.

The department also provides secretariat support for the Adm inistrative Re view Council. During 2011 -12, the Counc il finalised its inquiry into the federal system for judicial review of government action. The Council's Report No. 50, Federal Judicial Review in Australia, will be tabled and launched in early 20 12-13. The Council also commenced a project to review and update its existing publications, which include best-practice gu ides for policy-makers and government decision-makers.

Social and community services sector minimum wage increase

On 22 June 2012, Fair Work Australia issued an Equal Remuneration Order that grants

increases to the minimum wage rates of wo rkers in the social and commun ity services [SACS ] sector. The Australian Government has committed to pay its share of the increases for eligib le SACS employers delivering Commonwealth-funded programs and for eligible SACS employers it funds through Commonwealth-state agreements. The increases of between 23 per cent and 45 per cent will be phased in over nine years. The date for affected employers to pay the first SACS minimum wage increase is 1 December 2012. The Government is working to develop mechanisms to provide funding supplementation to

employers that will enable them to meet their obligations by this date.

The Australian Government has also committed to fund SACS back-pay to eligible organisations in Queensland for ob ligations arising from the Fair Work [Transitiona l Provisions and Consequential Amendments ] Amendment Regulation 2012 [No 1]. Th e Regulation requires certain employers in Queensland to bac k-pay SACS workers for the period 27 March 2011 to 29 February 2012 in recognition of higher minimum wage

rates awarded by the Queensland Industrial Re lations Commission. The department expects to provide 100 per cent of funding to eligible organisations early in the 2012-13 year.

Personal property security

In January 2012 the department implemented one of the most signif icant microeconomic

reforms in recent years with the commencement of the Personal Property Securities [PPS] Register. The PPS Register is the centrepiece of legislative reform that has been undertaken over many years culminating in the Personal Property Securities Act 2009. The law represents a significant change to laws on the way personal property is used as security in Australia.

PPS reform was a result of an agreement by the Counc il of Australian Governments to

establish a national system governing the creation, registration and enforcement of security interests in personal property as part of its Seamless National Economy m icroeconomic reform agenda. These reforms to personal property securities law have resulted in over seventy laws and nearly forty registers throughout Australia being reduced to one national

law and one national register. A key elemen t to the transition to a single na tional register was the transfer of data from national, state and territory registers such as the Australian Sec urities and Investme nts Commission [ASIC) Register of Compan y Charges, registers of security interests in vehicles, and Bills of Sale registers prior to the PPS Register's co mmen cem ent on 30 January 20 12.

The introduction of these wide-reaching reforms is a significant advance in the way that personal property can be used to secure the performance of obligations. These chan ges are aimed at reducing costs and complexity for business and financiers including by the delivery of greater clarity and certainty abo ut rights and obligations connec ted w ith security interests

in personal property.

Personal insolvency

On 14 Se ptemb er 2010, the Senate Econom ics Reference Committee tabled its report on

the corporate insolve ncy industr y. The Committee report was critical of the regulation of the corporate insolvency profession but comme nded the regulation of the personal insolvency industry.

Th e department has wo rked closely with Treasury officers to harmonise regulation of the insolvency industry under the Bankruptcy Act 1966 and the Corporations Act 2001.

The Insolvency Law Reform Bill2012 represents the Government response to the Sen ate Economics Reference Committe e 20 10 Report. The Bill follows public consu ltation on an options paper on the regulation of the personal and corporate insolvency professions and a later proposals paper. The Bill is l ikely to be introduced in the Spring Sittings of Parliament.

In March 2012 the department launched a whole-of-government manual designed to assist government agenc ies to better manag e their intel lectua l property [I Pl.

The manual outlines practical steps for government agencies to take to assist them to comp ly with the Australian Government's IP policies. w hich were amended in light of recommendat ions in Sir Peter Gershon's 2008 Review of the Australian Government's Use of Inform ation and Communicat ion Technology and the 2009 Government 2.0 Ta skforce Rep ort.

Th e Government's IP policy, set out in its Statement of IP P rinciples, is designed to enco urage innovation, particularly within the information and communications technology [ICT) sector, by all owing creators of IP products supplied to Government to further develop the mate rial they create. The Go ve rnment is also promoting the utilisation of pu blic sector information by releasing mo st ma terial under open content licences, free of charge, to the comm unity.

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Audio Visual Performances Treaty

On 24 June 2012 , the WI PO Diplomatic Confe rence on the Protection of Audiovisual

Performances concluded the WI PO Aud iovisual Performances Treaty, known as the Be ijing Treaty on Audiovisual Performances. The Attorney-General's Department is the lead agency for the negotiations. An officer from the department represented Australia and signed the Final Act of the Diplomatic Conference , concluding the final text of the treaty.

When the Beijing Treaty on Audiovisual Performances enters into force, it will give performers [ie singers, musicians, dancers, actors and others] economic rights in their performances [ie films, TV programs and multimedia!. as well as certain moral rights. Th ese rights will comp lement the rights of pe rformers in soun d recordings that are already provided for in the WI PO Performances and Phonograms Treaty of 1996, to wh ich Australia acceded in 2007.

Th e Diplomatic Conference was attended by 156 member states, six intergovernmental organisations and forty-five NGOs , the highest level of participation ever at a WI PO Diplomatic Conference. One hundred and twenty-two co untries signed the Final Act of the treaty [including Australia !. and forty-eight countries have signed the treaty itself. It is a significant

achievement for WI PO and its Australian Director-Genera l. D r Francis Gurry. It is the first multilateral intellectual property treaty negotiated in WI PO since 1996.

Classification

On 19 February 2012 the Classification [Publications, Films and Computer Games]

Amendment [R 18+ Computer Ga m es] Bill2012 was passed by the House of Representatives. The Classification Bill provides for an R 18+ category for computer games in the Nationa l Classification Scheme. On 18 June 2012 the B ill was passed in the Senate w ith no amendments. The Bill commences on 1 January 2013.

Th e Classification Liaison Sc heme [CLS] is a joint state, territory and Australian Government initiat ive aimed at improving indu stry comp liance with classification laws. In 20 11 -12 CLS staff conducted 1,050 compliance checks across a range of retail premises in capital cities, and regional and rural centres. Where possible breaches of classification laws were identifi ed , companies we re given informa tion abou t how to co mply and serious breaches were referred to the relevant law enforceme nt agency. CLS staff also held me etings with

the nominated state or territory Classification Enforcemen t C on tact to provide a briefing on compliance issues, in addition to providing a written report.

In 2011-12, CLS referred seventy-one restricted premises an d seven adult mail order catalogues and associated we bsites to law en forcement age ncies.

As part of its law enforcement support functions, CLS delivered presentations on the Nationa l Classification Scheme to law enforcement agencies in the Australian Capital Territory, N orthern Territor y, Queen sland and So uth Australia. Presentations were also delivered to police prosecutors in the Northern Territory and So uth Australia and to Offices of the Director of Public Prosecutions in the Australian Capital Territory, Queensland,

N ew So'uth Wales, Northern Territory and Tasmania. In addition, prese ntations were deliver ed to the D epartment of Fami lies, Hou sing, Comm unity Services and Indigenous Affairs in the ACT and NT.

Stemmi ng from the Classification Enforcement Con tacts Fo rum held in April 2010, the then Minister wrote to state and territory enforcement agencies requesting periodic reporting on enforcement action undertaken in relation to classificat ion laws. CLS has been responsible for coordinating and collating the reports and circulating them to states and territor ies. This reporting is shared with other jurisdict ions to strengthen enforceme nt practices. The first report was circulated in July 2011 and the second report in March 20 12.

CLS and the Australian Customs and Border Protection Service met quarterly to facili tate information sharing in relation to importers and distributors of potentially Refused Classification ma terial.

App roximately 78 ,00 0 brochures abo ut classif ication requirements were distributed to retailers across Aus tralia. State and terri tory D epartments of Education we re provided with an information she et for teachers, â‘showing Films and Playmg Co m puter Games in Schoo lsâ‘. in response to enq uiries from teachers to provide guidance on selecting app ropriate material for students.

International law

The department has provided advice to adva nce a broad range of Gove rnment initiatives with an international law element, including in relation to refugee law, climate change, mar itime boundaries, trade law, law of the sea issues, privileges and imm unities of foreign States, security law and environmental law.

The department continues to work w ith the International Legal Se rvices Adv isory Council [ILSAC ] to implement legal cooperation initiatives and advance Australiaâ‘s internationa l interests in legal services, legal education and training, and international comme rcial dispute resolution services. Some of the year's significant ach ievements included:

" working with the D epartment of the Prime Minister and Cab inet to implement a visit by the Chinese Minister for Justice, Madam Wu Aiying, to Australia including the signing of a Memo randum of Understanding on Legal Cooperation which provides a framework for promoting closer engagement and greater mutua l understanding across the wider law and justices sectors of Australia and China

" development and release of Best practice principles for the regulation of foreign lawyers and transnational law practice which provides guidance for countries that wish to refine

or introduce workable systems for the international professional mob ility of legal services providers

" working with the legal profession and the Department of Foreign Affairs and Trade to improve access for Australian legal services providers to key markets internat iona lly,

including in Ch ina, India, Indonesia, Japan, Korea, Malaysia and the EU

" working collaborative ly with a group of universit ies to successfully hold a symposium opened by the H on Chief Justice Robert French AC and including eminent speakers from across the profession, academia and government on 'lnternationalising the Australian Law Curriculum for Enhanced Globa l Legal Education and Practiceâ‘.

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ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011 - 12

Legal services

l t-aal ServJct:-Mult1-Us~ List

The Office of Legal Services Coordination [O LSC) within the department admin isters the

Legal Services Directions 2005, which provide a framework for delivering high qua lity legal

services by, and to, the Australian Government and its agencies.

We have progressed a number of reforms based on the recommendations of the Report

of the review of Commonwealth legal services procurement by Anthony Blunn AO and Ms Sibylle Krieger and the Lateral Econom ics report, Learning from experience: purchasing

legal services, including the implementation of the Legal Services Multi-Use List [LSMUL)

which commenced on 1 June 20 12.

The LSMU L provides a single streamlined list for purchasing legal services, and provides an

important portal for sharing of information about lega l services purchasing experiences at a whole-of-government level. From 1 June 20 12, the LSMUL began to replace the existing

system of individual panel arrangements established by departments and agencies.

Government Legal Network

OLSC also furthered the professionalisation of Australian Government legal services by

continued support of the General Counsel Working Group and by working to establish

a Government Legal Network. The Government Legal Network w ill provide Australian

Government lawyers and practice managers with an opportunity to share information to

maintain and improve the quality of legal services delivery in the Commonwealth. A Board has been appointed by the department to progress the Government Lega l Network in 2012-13.

Microeconomic reform

On 20 July 2012 the Attorney-General completed a four month consultation process to

consider the merits of reform to Australian co ntract law. Th is consultatio n process forms part of the Attorney-General's agenda for microeconomic reform in the law and justice sector to improve business efficacy and further Australia's economic performance. The consultation

process included release of a discussion paper seeking feedback on the performance of our

contract law system, a series of twelve information leaflets ['infolets') on current issues in the law, an online survey to capture data on experiences w ith contract law, and stakeholder

forums in Sydney and Melbourne.

The Attorney-General received a positive response to the co nsultation. At the conclusion

of the consultation process over fifty submissions expressing a diverse range of

opinions on the nature and scope of Australian contract law reform were received as

well as sixty-four responses to the online survey. The Contract Law Review Website (www.ag.govau/contractlaw} had 6,628 un ique page views and 268 peop le had subscribed

to the contract law reform mailing list.

Approximately sixty key stakeholders attended two contract law forums held in Melbourne [22 June 2012 ) and Sydney [28 June 2012). The forums drew together key individuals representing consumer, business, legal and professional interests to aid the Attorney-General

in identifying the effectiveness of Australian contract law and canvass potential areas for

improvement. Mo st stakeholders agreed that there was room to improve contract law and a variety of options for reform, ranging from codification to harmonisation, were put forw ard. The evidence gathered from the co nsultation process will inform the Attorney-General on the need for and future direction of reform op tions for co ntract law.

Legislative drafting and publishing

The Office of Legislative Drafting and Publishing [OLDP ) has two main functions, one of which is drafting subordinate legislation. In 2011 -12, our legislative drafters provided clien t agencies with final drafts of over 350 legislative and other instruments. The Office:

" drafts all Regulations, Proclamations and Rules of Court

" delivers a range of other drafting services to the Australian Go vernment and, on occasion, other governments as part of Australia's international aid program

" works closely w ith the Office of Parliamentary Counsel to ensure high standards of drafting for subordinate legislation .

The Office also publishes all Australian Government legislation, particularly through the Com law we bsite at www.comlaw.gov.au. Public use of Com law co ntinues to increase, and further enhancements have bee n mad e to ensure the website does not becom e slow or unavailable as a result. Behind the scenes, the editors, compilers and registration staff continued to:

" work w ith the Executive Council Secretariat and m ore tha n seve nty agencies to register legislat ive instruments and other documents in accordance with the Legislative

Instrumen ts Act 2003

" provide a central tabling and disall owance monitoring service, delive ring up to twelve copies of each instrument and its explana tory material to the Parliament for scrutiny

" track and publish the detail of relationships between Bills, Acts, legislative instrum en ts an d other important leg islative m aterial

" prepare co mpilations of Acts and key legislativ e instrume nts as amended or otherwise changed, including som e m odified W estern Australian laws that apply in the Indian Ocean Territories

" publish legal notices in the Governm ent Notices, Periodic an d Spec ial Gazettes on behalf of governmen t [and a sma ll number of non -government ) bodies.

A key achieve m en t in 20 11 -12 was making Com law content more accessible to peo ple who need to use it in print, in custom ised visual formats onscreen, or in spoken form [see case study on BrowseAloud on pa ge 1 06). O LDP also:

" drafted im portant leg islative instrum ents in major areas of law reform, including work hea lth and sa fety, the carbon package and bio-security

" prepared over 500 pages of civil aviation regulations for public co mment through a joint taskforce w ith the C ivil Aviation Safety Authority and the relevant policy de partment, with a similar amo unt to foll ow in 20 12-13

" pub lished and ma intained an authoritative online version of more Acts, including the 11 -volum e Incom e Tax Assessm ent Act 1997 and another thirt y-two Acts as am end ed

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" scanned and researched historic material for publication during 2012-13. including 5,000 Acts and 12.000 statutory rules made between 1901 and the 1970s

" worked with all portfolios to verify whether and when all their instruments in force

will sunset [or cease automatically). and on the Legislative Instruments Amendment [Sunsetting Measures) Bill 2012.

All OLOP functions will be transferred to the Office of Parliamentary Counsel in 2012-13. in line with the report of the Skehill Review. To facilitate the transfer. the Parliamentary Counsel Act 7970 has been amended and changes will commence before 23 January 2013.

Evaluations/reviews

Review of Access to Justice w ebsite

The depa rtment commissioned a review of the Access to Justice website.

www.accesstojustice.gov.au. to identify options for increasing the accessibility and usefulness of that site. The reviewers made a range of recommendations that the department is now considering in the context of a broader project to enhance the department's website.

Review and research on Family Support Program family law services

The department has commissioned research on Family Support Program family law services. This research will help inform a review of these services prior to the commencement of

new funding agreements in July 2014. The research will examine the nature. effectiveness. distribution, client characteristics. and integration of these services and will be undertaken by Allen Consulting Group. The research is due to be comple ted in April2013.

Review of Independent Childr en's Lawy ers

The department commissioned the Australian Institute of Family Studies to undertake a study of Independent Childrenâ‘s Lawyers [ICLsl. The study will look into the use, role and effectiveness of ICLs in the fam ily law system. The results of the study are expected in

May 2013.

Review of legal assistance services

The department commissioned a review of legal assistance services. which is due

for completion by 30 June 2013. The review is a collaborative project between the Commonwealth. states and territories. It will evaluate the quality. efficiency and cost-effectiveness of service delivery across all four Commonwealth -funded legal assistance service providers. ie legal aid commissions. Aboriginal and Torres Strait Islander legal services. community legal centres and family violence prevention legal services for Indigenous Australians.

I 97

Review of native title respondent funding

In August 2011, the department engaged Mr AC Neal SC to conduct a review of native title respondent fund ing. The review considered the efficiency and effectiveness of existing financial assistance arrangements for native title respondents and native title officers . The review also co nsidered a revised interest test and the circumstances in which legal representation may be fund ed for respondents in native titl e matters in the co ntext of the co nsolidated administration of legal financial assistance schemes from 1 July 2012. Th e report outcomes are available on the departmenfs website.

Family violence prevention legal service-financial control audit and program review

The department engaged Deloitte Touche Tohma tsu to undertake a financial control audit and financial viability assessment of twelve family violence prevention legal service providers. The repo rt was comp leted on 30 June 2012 and the department is undertaking analysis and preparing an implementation plan. The outcome and implementation of the findings and recommendat ions will be reported in 2013.

Review of the family violence prevention legal service program

The department engaged the Allen Consulting Group to undertake a review of the family violence prevention legal services, with a draft report to be submitted to the department in July 2012. The outcomes and recommendations of this report will be reported in 20 13.

The outcomes and recommendations w il l be taken into account in the broader review of Commo nwea lth legal assistance services.

Outlook at 30 June 2012

Access to justice

The department will continue to provide legal policy advice to assist development of ma jor Commonwealth initiatives, including the National Disability Insurance Scheme, which will launch in selected pilot sites i n mid-2013.

Dispute resolution

The department will undertake a comprehensive evaluation of the operation of the Civil Dispute Resolution Act 2011, from Aug ust 2012 to July 20 13. This will inform future policy development directed to the effective use of alternative dispute resolution in the

federal civil justice system. We will also engage w ith Commonwealth age ncies to provide enhanced guidance on how those agenc ies can most effective ly use alternative disp ute resolution processes.

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Family law

Work will continue on improving collaboration between the federal family courts and the child welfare authorities. This will include publication of a paper commissioned by the department on ways to improve form al and inform al information exchange and monitoring and assessing other pilot initiatives.

Th e department will distribute the common screening and risk assessment fram ework so that it is ava il able to all practitioners and agenc ies in the family law system.

Th e pil ot of coordinated family dispute resolution [which was developed for cases where there is family violence] will be evaluated and findings from the eva luation will inform future program and po licy deve lopment in this area.

A review of Family Support Program fam il y law services, including research conducted by the Allen Consulting Group, w ill provide evidence for policy development on streamlining family law services. Our aim is that the new funding agreements [commencing 1 July 2014] w ill benefit from this review and w ill provide the framework for more integrated, responsive and accessible support for separated families and their children.

The department will coordinate the Government's response to the Senate Former Forced Adoptions report, including the development and delivery of a nationa l apo logy to those affected.

Marriage celebrants

Th e department w ill implement reforms to the marriage ce lebrants program to improve

the delivery of services to celebrants by the departme nt and implement cost recovery from 1 July 2013.

Legal assistance services

The department will focus on the review of Commonwealth-funded legal assistance services

to ensure that assistance is high quality, targeted to those most in ne ed , cost effective and provided in collaboration with other service providers across the legal assistance sector. The review will be completed by 30 June 201 3.

From 1 July 20 12, the existing legal financial assistance schemes are being adm inister ed as one scheme, with funding for legal representation costs payable on ly in exceptiona l circumstances. The consolidation also introduced a new scheme, the disbursement support scheme. to provide access to financial assistance for a broader range of app lica nts and

provides greater support for pro bono work.

Findings from audit reports and a review of the fam ily violence prevention legal services will be implemented during 2013 and will inform the review of Commonwealt h lega l assistance services.

Native title

As announced by the Attorney-G eneral on 6 June 2012, the department will progress legislative reforms to the Native Title Act 1993 relating to historical extinguishment, good faith negotiations and ILUAs. The reforms will be implemented in consultation w ith native title stakeholders.

Indigenous law and justice

The department continues to support development of a nationa l strategy under the Safe Comm unities Building Block of the C losing the Ga p agenda. This work will complement the three existing frameworks on Indigeno us law and justice , child protection, and protecting women and children from violence. In the corning months, wo rk will focus on reaching agreement on an ove rarching strategy and specific projects to be undertaken by the Australian and state and territo ry governments.

Federal courts and tribunals

The department will assist the Attorney-General on further appointments to the federal

courts as needed including appointments to the High Cou rt following the retirements of Justice Gurnrnow on 8 October 20 12 and Justice Heydon on 28 February 2013 .

Reforms to co urt fees ann ou nced as part of the 2012-13 Budg et will be implemented with new court fees to commence from 1 January 2013 . Th e department will continue to support the Attorney-Genera l in progressing he r court reform legislation package.

The department w ill continue to work with Comm onwealth tribunals and their line departments to exp lore opportunities for enhanced collaboration between tribunals in the use of facil ities, the sharing of services and the promulgation of best practice, in support of the Administrative Appeals Tribunal President, who is leading this process.

Microeconomic reform

The department is considering the need for reform to Australian contract law based on the evidence gathered through the recent consultation process and in consultation w ith other departments and stakeholde rs.

Privacy reform

The department is continuing to progress reform to Australia's privacy laws. The Privacy Amendment [Enhancing Privacy Protection] Bill was introduced into Parliament on 23 May 2012 . The department w ill support the Attorney-General during Parliamentary debate on the Bill and, if it is passed, will work on the Bill's implementation including the development of supp orting regulations.

0_ 100 PART ( ~ I CIVIL JUSTICE AND LEGAL SERVICES " DEPARTMENTAL PROGRAMS

ATTORN E Y - G E N E RAL'S DEPAR T M E NT I ANNUAl REPORT 2011-12

Copy right

tnt n " at n YJ nt opv '1/1 ce /r d

The depa rtme nt is the lead agency for negotiations at W I PO for a possible international instrument on copyright exceptions for the visually impaired. Australia has taken a leading role in negotiating the text of the instrument and has advocated for the instrument taking the form of a treaty. The department will continue to engage with WI PO and its international partners to progress agreement of a treaty.

Rev "PvV of te hnol q1c tl prot ct1o rn sur except ons undPr h C pyri ht A t

The department is undertaking a review of additional exceptions to the technological protection measure [TPM] provisions in the Copyright Act 1968. TPMs are technical locks co pyright owners use to stop their mate rial being copied or accessed without perm ission. Stakeholders have been invited to make submissions on whether existing exceptions are still appropriate and whether any new exceptions should be added.

Classification

R 18 CJ 1raor fur c ampul u rne

A new ad ult [R18+] category for computer games will commence from 1 January 2013. Legislation passed in the Commonwealth parliament in June 2012 provided for the new R18+ category in the National Classification Scheme [NCS]. The department will oversee implemen tation of the new category including: working with the compu ter games and retail industries to assist them prepare for the new category; training and working with other government agencies such as the Australian Media and Communications Authority and Australian Customs and Border Protection; and updating all relevant instruments and administrative procedures.

The Australian Law Reform Commission [ALRC] completed its review of the NCS in light of changes in technology, media convergence and the amount of classifiable content available to consumers . The Government is now co nsidering its response to the ALRC"s fifty-seven recommendations. This will involve consultation with states and territories, as the NCS is a cooperative arrangement .

Connecting Australian Government lawyers

The department will continue to support the establishment of the Governme nt Legal Network as an important step towards professionalising government lawyers, enhancing the delivery of legal s.ervices to the Australian Government and supporting the Attorney-General as First Law Officer. The inaugural Government Legal Network Board has been appointed and is working towards establishing the whole-of-government N etwork.

101

Support for the Attorney as First Law Officer

OLSC will continue to support the Attorney-Gene ral in their role as First Law Officer of the Commonwealth , particularly with regard to oversight of signif icant legal issues involving the Commo nwealth.

The department will support the Commonwealth legal services framework by delivering a targeted training program focusing on enhancing government lawyersâ‘ and legal service providersâ‘ understanding of the Legal Services Directions 2005.

Human rights

The department provides high quality legal advice on Australia's human rights obligations and their domestic implemen tation. The department will continue its work on individual commun ications lodged with United Nations huma n rights treaty bodies and engagemen t in internationa l huma n rights issues of interest to A ustralia.

The departmen t supports government agencies with the implementation of requirements un der the Human Rights (Parliamentary Scrutiny} Act 2011. Wo rk to consider the effectiveness of the Act as part of the 20 13-14 review of the Human Rights Framework will also be undertaken.

The department will progressively implement the measures under Australia's Human Rights Framework . Th e centrepiece of the Framework is education. In 2012-13, the department will deliver a public-sector-wide eLearning package that is designed to strengthen the capacity of officers to develop policie s, programs and legislation that are consistent with human rights, and provide guidance to adm inistrative decision make rs on relevant human rights co nsiderations. Resources will be produced to further assist public servants in their role in protecting and promoting human rights. In addition a tailored human rights training program will be delivered in 20 12-13, providing targeted assistance on particular issues.

Work continues on consolidating Commonwealth anti-discrimination laws, with exposure draft legislation scheduled to be released for consultation with stakeholders.

Legislation to establish a National Children's Commissioner within the Australian Human Rights Commission commenced on 1 July 2012 . The department is progressing the

recruitment process and the inaugural Commissioner w ill take office by the end of 2012 or early 2013 .

0_ 102 PART ( --CIVIL JUSTICE AND LEGAL SERVICES - DEPARTMENTAL PROGRAMS

A TT ORN E Y-GENERAL'S D E PARTM E N T I ANNUAL REPORT 2011-12

International litiaation The department continues its lead role in defending Australia's interests in international litigation, including in relation to Japan's whaling in the Southern Ocean.

The department also has ove rall responsibil ity for the Governme nt's defence of legal challenges to the plain packaging of tobacco products. This includes the conduct of the investor-state dispute, and assistance to the Department of Foreign Affairs and Trade in preparing for and defending any challenges to plain packaging in the World Trade Organization.

International law The department will continue to provide high qua lity legal advice in relation to the interpretation and application of international law as it relates to trade, mar itime bounda ries, activities in cybe r space , security, refugees , l aw of the sea and the environment.

The department will continue to provide high quality legal advice to Australia's negotiators in the Trans-Pacific Partnership Agreement. As negotiations work towards a co nclusion, the department will also be providing advice on the domestic implementation of the Agreement.

The department, through funding under AusAID's Pacific Public Sector Linkages Program, will continue to provide assistance to Pacific Island Forum countries to finalise their maritime boundaries.

103

Performance results

Table 7.1: Performance results, Program 1.1

Improved access to justice

The human rights of Australians at risk of social exclusion are protected and promoted and they have ready access to appropriate legal assistance services

Improved family and community safety for Indigenous Australians

A reduction in the complexity of laws

Contribution to effective microeconomic reform

Clarity and certainty of advice on international law and legislation implementing international law

104 PART

~ ... -â‘ . . - ~ ~ - --

. '

. ~ _ II_. ;/

Partiall y achieved

Comment: The Access to Justice [Federal Jurisdiction) Bill introduced into Parliament in November 2011 promotes access to justice including enhanced court powers to manage discovery and implementation of improved mechanisms to deal with vexatious litigation. New regulations will also support streamlined access to justice in proceedings with a cross-border Australia-New Zealand dimension.

Partially achieved

Comment: Measures which were introduced by the Human Rights {Parliamentary Scrutiny/ Act 2011 are designed to encourage early and ongoing consideration of Australia's human rights obligations in the development of policy and legislation. which will assist the protection and promotion of the human rights of Australians.

Partially achieved

Comment : Community and family safety for Indigenous Australians remains an area of considerable concern. However, identifiable progress has been achieved in a number of areas, including:

" funding initiatives designed to reduce reoffending under the Indigenous Justice Program

" facilitating support for Community Engagement Police Officers [CEPOs) in eight remote Indigenous communities across the Northern Territory

" successfully managing commun ity night patrols in Northern Territory communities.

Partially achieved

Comment: The Legislative Instruments Amendment [Sunsetting Measures) Bill. introduced into Parliament in May 2012 will allow for the effic ient culling of thousands of spent and redundant legislative instruments. The consolidation of the drafting of Acts and legislat ive instruments in the Office of Parliamentary Counsel will support consistency in drafting and clearer laws. Commencement of an evaluation of the complexity scheme is directed to further reducing the complexity of laws.

Partially ach ieved

Comment : The department continues to scope new opportunities for m1croeconomic reform in the law and justice sector. including through the Standing Counci l on Law and Justice [SCLJ) and will consider the need for reform to Australian contract law in light of the recent consultation process. In April2012, the Department commenced its work on an SCLJ project to develop harmonised choice of law and choice of court provisions under Australian law.

Achieved

Comment: The department consistently provided accurate and effective legal advice regarding Australia's international human rights ob ligations and their domest ic implementation, assisting in policy development across Government and enhancing the protection of human rights in Australia.

CHAPTER I CIVIL JUSTICE AND LEGAL SERVICES " DEPARTMENTAL PROGRAMS

making Australia's laws

accessible to the widest

possible audience

M atthew Hilhorst and Julie Ch annells,

Office of Legislative Drafting an d Publishing

ATTORNEY-GENERAL'S DEP AR TMENT I ,. E R 2 1 2

BrowseAioud - making legislation more accessible to people

Thousands of Australians with disabilities can

now access the laws of Australia thanks to an

innovative upgrade to the Com law website.

Comlaw is an online repository for legal information. It contains information about

Commonwealt h laws including Acts, as

well as other documents such as Bills and

Legislative Instrumen ts [Reg ulations). in

electronic form.

Making Australia's laws accessible to the

widest possible audience is a key aim of the

Comlaw site as it is the only government " backed website to provide this service.

In January 2012 assistive software called

BrowseAloud was added to the site. The

software improves accessibility for users

who ha ve literacy difficulties, mild vision

impairment or problems with written English.

BrowseA loud is text-to-speech software that

reads online content aloud and highlights

each word as it is spoken. The audio-visual

reinforcement can help people with a range

of disabilities follow the words as they are

heard, improving comprehension. It also

includes a screen-magn ifi cation function that

can assist users who have visual impairment.

Acting Assistant Secretary Andrew M cleod

understands that accessing information

online can be difficult for people with

disabilities.

'Through Com law we seek to provide

no-cost access to Australian Commonwealth

legislat ion to all Australians,' Andrew said.

'Adding B rowseA loud to the site presented an

oppo rtunity to broaden the numb er of people

who could access the se rvice and read about

the laws of Australia.â‘

The BrowseAloud feature puts Comlaw

at the forefront of the move to make

government websites more accessible.

'BrowseAloud came highly recommended.

It's a product that's free to the end user, cost

effective for us to license and implement on

Com law, and did not require any changes

or implementation of software to our ow n

network,' Andrew said.

'For us the decision was a simple one, and

we are already receiving plenty of positive

feedback from the community.â‘

1 107

" J

Civil Justice and Legal Services administered programs

Program 1.3

Justice services

Summa A major focus of 2011-12 was the provision of effective resources for lega l assistance

services to disadvantaged Australians an d co mmu nities. Th is has been achieved by:

" implementing key initiatives under the National Partnership Agreement on Lega l Assistance Services, with a focus on developing a more strategic approach to service

delivery, including an increased focus on early intervention and prevention services

" conso lidating the legal financial assistance schemes administered by the department to

ensure a more effective and equitable distribu tion of limit ed funds

" establish ing the disburseme nt suppo rt scheme to provide broader assistance to fina ncially disadvantaged Australians and greater supp ort for pro-bono lega l wo rk.

Major achievements

Consolidation of legal financial assistance schemes

As part of its 2011-12 Budget, the Australian Government ha s expanded the range of matters an d individual s that would qua lify for assistance under the various lega l financial assistance

schem es administered by the department. Th e goa l wa s to ensure a fairer and more effective

distribution of lim ited lega l assistance funds. The chang es also provide greater suppo rt for

pro bono activities of the legal comm unity.

I 1o9

110

The department has worked to consolidate the existing legal financial assistance schemes under a unifying set of guidelines. The Commonwealth Guidelines for Legal Financial Assistance 2012 provide a consistent approach to grants administration across all schemes , and w ill come into effect on 1 July 2012.

In consu ltation with organisations associated with the delivery of pro bono legal services, the department developed the disbursement support scheme , wh ich will commence on 1 July 2012. This scheme aims to assist financially disadvantaged persons overcome the obstacle imposed by the cost of disbursements . Assistance is available for persons who would not otherwise receive government assistance and is limited to Commonwealth

non-criminal legal matters.

The department conducted a review of the native title respondent funding scheme. It was timely to re-evaluate the level of legal assistance provided to respondent parties to native title claims given the development of native title law in the years since the enactment of the Native Title Act 7993. The depa rtment's review was informed by a public co nsu ltation process and a report prepared by an independent consultant, Mr Anthony Neal SC . Changes to the native title respondent funding scheme will take effect on 1 January 2013 .

Review of the Legal Assistance National Partnership

Th e department comm issioned a review of lega l assistance services that will assess the progress made by the parties to the National Partnership Agreement on Legal Assistance Services in respect of achieving the agreed ou tcomes, objectives and outputs.

The review is a collaborative project between the Commonwealth , states and territories. It will evaluate the quality, efficiency and cost-effectiveness of service delivery across all four Commonwealth-funded legal assistance service providers. ie legal aid commissions, Aboriginal and Torres Strait Islander legal services, community legal centres and family violence prevention legal services for Indigenous Australians. The review will be completed by 30 June 2013.

Establishment of the Centre for Asia-Pacific Pro Bono

The Australian Government provided funding of $450,000 over three years [comme ncing on 1 July 2011] to establish the Centre for As ia-Pacific Pro Bono. The department has worked closely with the Law Council of Australia in the establishment of the Centre. The Centre administers a clearinghouse to coordinate requests from the Asia-Pacific region for pro bono assistance by Aus tralia and administer an associated disbursement fun d.

The Centre supports development in the Asia-Pacific [particularly within the law and justice sector] and provides a service to ma tch requests for assistance with providers of internationa l pro bono legal services. The department will continue to work with the La w Counc il of Australia in relation to the future work of the Centre.

1AD E CIVIL JUSTICE AND LEGAL SERVICES -

ADMINISTERED PROGRAMS

ATTORNEY -GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

v luations/reviews The department comm issioned a review of lega l assistance services wh ich is due for completion by 30 June 2013. The review is a collaborative project between the Commonwealth, states and territories . It will eva luate the quality, efficiency and

cost-effectiveness of service delivery across all four Commonwealth-funded legal assistance service providers, ie legal aid com missions, Aboriginal and Torres Strait

Islander legal services, community legal centres and family violence prevention legal services for Indigenous Australi ans.

Outlook at 30 June 2012 The legal aid program will focus on the review of legal assistance services. This review will

ensure that legal assistance is of high quality and targeted to those most in need, and that

the de livery of legal assistance is cost effective, coordinated with other service provision and

done in collaboration across the legal assistance sector. The review is to be completed by 30 June 2013.

In parallel w ith the review, this program will continue working with states and territories to

implement key initiat ives under the National Partnership Agreeme nt on Legal Assistance Services. Key measures un der the Agreemen t include juri sdictional forums to improve

coordination and targeting of services between Legal assistance service providers and informati on and referral strategies to ensure comprehensive access to information and seamless referral.

The depa rtme nt's work on consolidating the legal financial assistance schemes will continue

in the coming year. On 1 January 2013 . the new parameters for the operation of the native

title respo nde nt funding scheme w ill commence. The departmen t will also be reviewing the operation of the disbursement support scheme to ensure that it continues to deliver the

desired ou tcomes.

Performance results

Table 8.1: Performance results, Program 1.3

Improvement in access to education. informa tion, advice and support services for disa dvantaged Australians and communities.

Achieved

Comment : Data reported by legal aid comm issions for the first six mon ths of

2011 -12 indicates an increase in the numb er of these services being provided. Full year data will not be available until31 August2012.

In 2011-12, comm unity legal centres have provided more than 235,600 advices, closed mo re than 50,000 cases and delivered more than 3,300 community legal educa tion sessions nationally.

I 111

112

Table 8.2: Program 1.3

Payments for grants to Australian organisa tions

Payments for the provision of legal aid - Legal Aid Comm issions

Payments for the provision of community legal services

Achieved

Comment: Fift ee n grants app roved for fifteen organisations.

Budget price: $1 .633 million Actual price: $1 .632 million

Ach ieved

Comment: Funding was provided from the Expensive Commonwealth Criminal Cases Fund and the Illegal Foreign Fishing Fund for 596 claims from legal aid commiss ions for reimbursement of costs incurred for expensive matters.

Budget price: $10.218 mill ion Actual price: $10 .214 million

Achieved

Comment: Payments made in accordance with the terms and conditions of the service agreements .

Budget price: $36.286 m ill ion Actual price: $36.286 million

------------------ ---- ------------------ ---- ----- ------------ Financial assistance towards legal costs and related expenses

Payments for services under the FamilyLawAct 1975and the Child Support Scheme legislation

Payments to Law Courts Limited for contributions to operating and capital expenses

Fam ily Court of Western Australia

Payments for membership of international bodies

Commonwealth Human Rights Education Program

PART

Achieved

Comment: Funding was provided across a range of legal financial assistance schemes on a case-by-case basis. Schemes include the Special Circumstances !Overseas] Scheme. Overseas Custody !Child Removal] Scheme and Native Title Respondent Fundin9 Scheme.

Budget price: $4.527 million Actual price: $4.524 million

Achieved

Comment: In accordance with individual agreements with the States. the Australian Government promo tes an accessible system of federal civil justice by providing fund s for services under the Family Law Act 1975 and the Child Suppo rt Scheme legislation by State courts summary jurisdiction.

Budget Price: $2.354 million

Achieved

Actual Price: $2.159 million

Comment: The Department pays 47.5 per cent of the operating expenses of the Law Courts building in Sydney.

Budget Price: $2.430 m il lion Actual Price: $2.430 m illion

Achieved

Comme nt: The Australian Government contributes to the operating expenses of the Family Co urt of Western Australia to ensure access to the Co urt in fam il y law and child support matters.

Budget Price: $17.358 million Actual Price: $17 .448 million

Achieved

Comment: Funds provided in accordance with approved agreements.

Budget Price: $0.550 million Actual Price: $0 .549 million

Achieved

Comment: Australia's Human Rights Framework provided funding of $2.068 million over four years to non-government organisations to develop and deliver community education and engagement programs to promote greater understanding of human rights. A second round of fifteen grants totalli ng $459.703 was announced by the Attorney-General on 9 September 2011. In total $957,309 has been awarded to 30 projects since the inception of the program.

Budget Price: $0 .509 million Actual Price: $0.513 million

HA ER I CIVIL JUSTICE AND LEGAL SERVICES "

ADMINISTERED PROGRAMS

ATTORNEY-GENERAL'S DEPARTMEN T I ANNUAL REPORT 2011-12

Personal Property Securities-public awareness campaign

Publications of Acts and select legislative instruments

Special Appropriations

Law Officers Act 1964

-â‘ . .... . -

.. ~ . -â‘-

Achieved

Comment: The Personal Property Securities Campaign ran national radio. online and press advertising from 23 January-30 June 2012.

Budget Price: $1.602 million Actual Price: $1.321 million

Achieved

Comment: In 2011 -12, all new Acts and select Legislative Instruments continued to be printed and distributed free of charge to Members of the Australian Parliament and to key reference libraries worldwide.

In line with changes to the Acts Publication Act 1905 that came into force in January 2011 , all new Acts as made and an increased number of Acts as amended were published online in authoritative form. Work to ma ke all Ac ts in force available in authoritative form will continue over 2012-13. Fewer tha n 700 Acts are outstanding but these do include some particularly long and

frequently amended Acts.

Wo rk has also continued on filling known ga ps in on line ho ldings of

Commonwealth law. As part of this, work has begun on digitisi ng and linking up the thousands of Acts and Statutory Rules made before 1973 and 1979 respectively. This important historic material is expected to be released to the public in 2013 .

Budget Price: $1.569 million Actual Price: $1 .610 million

Results

Achieved

Comment: The Department processes payment of pensions to former Solicitor's -General

Budget Price: $0.450 million Actual Price: $0.300 million

1 113

Program 1.4

Family relationships

Summa During 2011-12, the Government provided $153 million to seventy-two not-for-profit commun ity based organisations, one business, and one agency [Department of Human Services-Centrelinkl. to assist Australian families during and after separation and divorce. The eleven service types are:

" sixty-five Fa mily Relationship Centres, with 59,091 clients 1

" sixty-five Children's Contact Services, with 39,681 clients

" forty co unselling services, w ith 169,721 clients 2

" twenty Parenting Orders Program services, with 8,988 clients

" twenty-eight Post Separation Cooperative Parenting services, with 5,474 clients

" eighteen Family Dispute Resolution services, with 15,858 clients

" forty-two Regional Family Dispute Resolution services, with 6,371 clients

" eighteen Supporting Children after Separation Program services, with 9,844 clients

" the Family Relationship Advice Line, Information and Advice component, with 62,320 calls 3

" the Telephone and Online Dispu te Reso lution Service, with 16,620 calls

" the Legal Advice Service, with 5,301 calls.

Face to face services are available through Australia, and for people not easily able to access them, telephone-based services offer a viable alternative. The client numbers indicate

a continuing high demand for programs that provide family relationship assistance for

separating and separated families.

Ma"or achievements The department has deve loped a commo n screening and risk assessment tool and

framework for people entering the family law system. This package is know n as the D etection

Of Overall Risk Screen [DOORS] and will be available in both 'pen and paper' and computer

formats. DOORS will be simple to use as well as practical and flexible in meeting the varying needs of professionals, service locations and client demographics. It will allow clients to

be identified for referral to services to add ress risks and needs. The tool and framework

Data for all services except Family Relationship Advice Line. Information and Advice component. Telephone and Online Dispute Resolution Service and Legal Advice Service include both registered and unregistered clients.

2 Attorney-General' s Department-funded counselling is reported as part of the larger Department of Families, Housing. Community Services and Indigenous Affairs-funded Family and Relationships Services

3 Data for calls for Family Relationship Advice Line, Information and Adv ice component, and Telephone and Online Dispute Resolution Service compr ises calls answered by these services. Data for calls for Legal Advice Service comprises calls answered and calls made by this service. These divergent approaches in reporting are due to differences in the service models.

114 PART ~-

~A EP CIVIL JUSTICE AND LEGAL SERVICES "

ADMINISTERED PROGRAMS

ATTORNEY-GENERAL'S DEPARTMENT I 0 1 1 2

complement the earlier development of the AVERT training package for family violence and safety issues.

Relationships Australia Queensland has been selected to replace the Department of Human Services [Centrelink] as the provider of the Family Relationship Advice Line [Information and Advice service]. commencing in October 2012. The Family Relationship

Advice Line provides information and advice about family relationship and family separation issues, and referral to other relevant services. Relationships Australia Queensland already

provides the Telephone and Online Dispute Resolution service, so their selection as the provider of the Family Relationship Advice Line means there w ill be closer links between these two non-face-to-face services.

P r haser/orov1der arran ements Th e Department of Families, Hou sing, Community Services and Indigenous Affairs [FaHCS IA ]

manages contractual arrangements with organisations funded to provide family law services

under the Family Support Program. This arrangement is delivered under a memorandum of understanding between FaHCS IA and the department. Funding agreements are in place to

provide these services til l30 June 2014.

Family Support Program

The department funds family law-related services through the Family Support Program .

The Program commenced on 1 July 2011 and brought together a number of existing family, children and parenting services, most of wh ich are funded through the FaHCSIA portfolio. Th e Family Suppo rt Program works with and supports families, and nurtures children,

especially those who are vulnerable and disadvantaged. It enables families to better manage

life's transitions, ensure children at risk are protected and contribute to building stronger, more resilient communities.

Evaluations/reviews The department has commissioned Encompass Family and Community to conduc t an independent review of the Family Law Pathways Networks, which will report in the second half of 20 12. The Networks are funded by the department to enhance the integrat ion of the

family law system , at a local level. The review has considered:

" the applicability of current categories of Networks [ie â‘small", 'med ium' and 'large'] and

associated funding levels and geographical coverage

" current terms of funding agreements and whether this needs to be reconsidered

" various governance models developed by Networks

" constraints and challenges for Networks

" achievements and benefits of the Networks in contribut ing to the ongoing development of the family law system.

Any changes ensuing from the review will be implemented for the next round of funding

agreements to commence in July 2013.

I ns

0 tlook at 30 June 2012 The department has commissioned Allen Consulting Group to undertake research on the Family Support Program family law services, which will be used to inform a review of these services prior to the signing of new funding ag reeme nts, t o co m me nce in July 20 14.

The research will entail site visits. surveys and interviews with a wide va riety of family law system stakeholders, and analysis of administrative data. The research will consider:

" value for money of services

" client participation in services including access by various groups of clients

" location of services

" interventions undertaken

" effective ness of services

" service integration in family law system

" use of alternative technology.

The department has commissioned the Australian Children's Contact Services Association to develop a draft Operational Framework for Ch ildren's Contact Services [CCSsl.

The framework will guide minimum service level standards for the delivery of CCSs. respond to the issues of waiting times. case prioritisation and interaction with other parts of the family law system. A draft framework is expected to be provided to the department in the first half of 20 13.

Performance results

Table 8.3: Performance results, Program 1.4

Improving the family law system â‘ s response to family violence and to enhance the role of family services to keep more people out of court, including through family dispute resolution.

Table 8.4: Program 1.4

Family Relationships Services Programs

0 116 PART ( _

Achieved

Comment: This key performance indicator has been achieved through the development of the commo n screening and risk assessment framework and tool.

Achieved

Budget price: $165.082 million Actual price:$ 164.875 m illion

C IAPTER S I CIVIL JUSTICE AND LEGAL SERVICES -ADMINISTERED PROGRAMS

ATTORNEY-GENERAL'S DEP A RTMENT I ANNUAL REPORT 2011-12

Program 1.5

Indigenous law and iustice

Summa The objective of Program 1.5 is to improve Indigenous family and community safety. Work under this program for 2011-12 included:

" administering the Indigenous Legal Assistance and Policy Reform Program and the Fami ly Violence Prevention Legal Services Program

" delivering the Indigenous Justice Program

" delivering the Closing the Gap in the Northern Territory law and order measures while preparing for the transition to Stronger Futures in the Northern Territory initiati ve

" providing ongoing support for Indigenous interprete r services in the Northern Territory

" five recipients receiving funding under the second round of the Na tive Title Anthropologist Grants Program.

Maior achievements

Indigenous Justice Program

In 2011-12, majo r achievements for the Indigenous Justice Program were :

" suppo rting justice-focused projects that helped reduce recidivism and incarceration

" supporting projects to reduce petrol sniffing and substance abuse for Indigenous youth in designated remote regions

" introducing a minimum dataset to measure outcomes achieved from the Prisoner Through Care projects.

Closing the Gap in the Northern Territory law and order measures

Achievements in N orthern Territory law and order measures include:

" preparing community night pa trol services to transition from the Closing the Gap in the Northern Territory to the Stronger Futures in the Northern Territor y initiative . This included consultation with existing service providers in the development and design of new processes to improve service delivery

" supporting stronger relationships and cooperation between commun ity night patrols and the Northern Territory Police through memoranda of understanding between local police and patrols. The memoranda of understanding will clarify how local po lice and night patrollers work together to achieve community safety outcomes

1 117

" facilitating support for Community Engagement Police Officers who commenced operation in eight remote Indigenous communities across the Northern Territory in July 2011. The department provided $3.4 million over 2010-11 and 2011 -12 for the Commun ity Engagement Police Officers

" supporting the Northern Territory Abo riginal Interpreter Service to implement the findings of the Commonwealth Ombudsman's report Talking in language: Indigenous language interpreters and government communication. The funding has contributed to advanced legal training for interpreters, workshops for organisations wh ich engage interpreters, re-recording of police cautions for use during po lice interview processes [in fiftee n major languages] and trialling appointment of interpreters to Magistrates Courts in 'bush court' settings.

Indigenous Legal Aid and Policy Reform Program

The Indigenous Lega l Ass istance and Policy Refo rm Program provides funding to Aboriginal

and Torres Strait Islander legal services to deliver high quality, culturally sensitive legal assistance services, including duty lawyers, advice, case work and representation in

criminal. civil and family law matters. The majority of service outlets [88 per cent] are located in regional and remote areas. Outreach service models are employed to ensure legal assistance services are available at court circuits and bush courts. Assistance is provided

mainly in criminal matters [84 per cent]. Of the total services provided, 30 per cent were delivered to women.

In 2011 -12, the Indigenous Legal Assistance and Policy Reform Program entered into a memorandum of understanding with the Torres Strait Regional Authority to facilitate

the adm inistrat ion of legal service delivery in the To rres Strait and Northern Peninsula. The department has funded the Aboriginal and Torres Strait Islander Lega l Service Queensland to provide the services from October 2011 to 30 June 2014. The funding in

2011-12 was $600,000.

Abor iginal and Torres Strait Islander Safe Communities Strategy

The department and FaHCSIA are continuing to lead discussions with state and territory

governments on a national Indigenous Safe Communities Strategy. A joint meeting of the Standing Council on Law and Justice's Indigenous Justice Working Group and the Working Group on Indigenous Reform's Indigenous Reform Coordination Sub-Group was held in Sydney on 28-29 M arch 2012. The Commonwealth has engaged, and will continue to engage.

with jurisdictions bilaterally and multilaterally . Discussions on the Strategy will occu r at the Working Group on Indigenous Reform and the Indigenous Reform Coordination Sub-Group

throughout 2012.

Family Violence Preven tion Legal Se rvices Program

The objective of the Family Violence Prevention Legal Service Program is to work co llaboratively with other service providers to deliver legal assistance and related services,

including co unsell ing and court support. to Indigenous adults and children who are victim

survivors of family violence.

0_ 118 PART ( _ I CIVIL JUSTICE AND LEGAL SERVICES " ADMINIS TERED PROG RAMS

ATTORNE Y -GE N ERAL 'S DEP A RTMENT I ANNUAL REPORT 2011-12

The Program is delivered by fourteen service providers to thirty -one identified high-need service areas in rural and remote areas. The service providers work closely with the community, providing assistance in child protection, referral. community engagement and communi ty legal education.

In 201 1-12. $1.1 million was provided to seve n early intervention an d prevention projects across Australia. The projects raise community awareness about family violence and promote positive strategies to help people who are exposed to violence ach ieve change. The grants ranged from $45 ,000 to $330,000 and w ill assist communit ies in rural and rem ote locations.

Evaluations/reviews

Family Violence Prevention Legal Service-Financial Control Aud it

The departme nt engaged D eloitt e To uche Tohma tsu to un dertake a financial control aud it an d financial viability assessment of twelve family violence preven tion legal service providers. The report was completed on 30 June 2012 and the department will undertake analysis an d prepare an implementation plan. The outcome and implementation of the findings and recommendations will be reported on in 2013.

Review of the Family Violence Prevention Legal Service Program

The department engaged the Allen Consulting Group to undertake a review of the family violence prevention legal services. A draft report is expected to be submitted to the department in July 20 12. The ou tcomes and recommendations of this report w ill be reported on in 20 13, and w ill inform the review of Co m monwealth lega l assistance programs .

Outlook at 30 June 2012 The department will seek feedback from other service providers on the performance of ind ividual Abo riginal and Torres Strait Islander legal service providers. The survey w ill cover the accessibility and responsiveness of the Aboriginal and Torres Strait Islander legal services. The extent to which the Aboriginal and Torres Strait Islander legal service providers

collaborate with other service providers will also be measured, as we ll as the effectiveness of their referral processes.

As family violence prevention legal services enter the final year of their current funding agreements , the department has commenced a review of the program and will advise the Government on the proposed future directions. The departmen t will consult with relevant stakeholders to inform this review.

The department w ill work with the relevant service providers to smooth ly transfer the provision of comm unity night patrol services from the Closing the Gap initiative to the St r ong~r Futures in the Northern Territory initiative. This will include application of a new

performance reporting framework and the roll-out of a new commun ity night pa troller training package.

I 119

The department and the Northern Territory Police will undertake an independent evaluation of the Community Engagement Police Officers in 2012-13. Findings and recommendations from the evaluation will inform government consideration of further activity in this area.

All jurisdictions have agreed to undertake a comprehe nsive eva luation of the Na tional Indigenous Law and Justice Framework in 2013-14. The pu rpose of the evaluation is to consider the policy and program changes since the endorsement of the framework at a national level and at a state and territory level, as well as issues iden tified in its application. Th e depa rtment is funding evaluations of twenty-six Indigenous justic e programs under the framework. This is a joint project with all jurisdict ions to build the evidence base about 'what works' to address the over-representation of Indigenous people within the criminal justice system. Th e first tranche of evaluations is schedu led for comp letion in De cembe r 2012. Th e second tranche will be final ised in October 2013.

A review of the Native Title Anthropologist Grants Program will be undertaken in 2012-13. Funding for the Program is ongoing.

Performance results

Table 8.5: Performance results, Program 1.5

Identif iable progress in improving community and family safety of Indigenous Australians

Improved access to appropriate legal services for Indigenous Australians

Negotiation of Safe Communities Strategy successfully concluded with states and territo ries

The Australian Government and states and territories are eng aged in agreed activities identified und er the Safe Co mmunities Strategy

0_ 120 PART ( _,

Partially achieved

Community and family safety for Indigenous Australians remains an area of considerable concern. However, identifiable progress has bee n ach ieved in a

numbe r of areas. including:

" funding Comm unity Engagement Police Officers in eight remote Indigenous communities across the Northern Territory

" funding initiatives designed to redu ce reoffending under the Indigenous Justice Program

" funding commun ity night patrols in eighty N orthern Territory communities

" funding for Aboriginal interpreter services in the Northern Territory

" continuing to develop an Aboriginal and Torres Strait Islander Safe Comm unities Strategy, and associated work on justice targets.

Achieved

Comment: Grants made to Aboriginal and Torres Strait Islander legal services and fam ily violence prevention legal services have helped improve access to legal assistance for Indigenous Australian s. The memoran dum of und erstand ing with the Torres S trait Regional Au thority has increased services to remo te areas.

Partially achieved

The development of an Indigenous Safe Communities Strategy was discussed at the 27 April2012 meeting of the Working Group on Indigenous Reform. Negotiations w ith states and territories on the Strategy are continuing.

Partially achieved

Commen t: Negotiations on an Indigenous Safe Comm unities Strategy are on going. Agreement on activities und er the Strategy is includ ed in this process.

CHAPTER CIVIL JUSTICE AND LEGAL SERVICES -

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ATTORNEY -GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Table 8.6: Program 1.5

Payments under the Indigenous Justice Program

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

Indigenous Legal Assistance and Policy Refo rm Program

Payments for Indigenous interpreter services in the Northern Territory

Closing the Gap in the Northern Territory law and order measure s

Native title system

Achieved

Comment: Funds were provided for forty-five projects. including Petrol Sniffing Strategy projects. across four fund ing streams. namely prisoner through care. youth prevention and diversion. restorative justice, and community patrols.

Budg et price: $11.459 million Actual price: $11.461 million

Achieved

Comment: Gra nt payments were made to fourteen fam ily violence prevention legal service organisations. Two reviews of the service were commenced in 20 11-12. Findings of these reviews will be implemented in 2013 and will inform

the review of Commonwealth legal assistance programs .

Budget price: $19.833 million Actual price: $19.832 million

Achieved

Comment: Grant payments were made to eight Aboriginal and Torres Strait Islander legal service organisations. Additional one-off funding of $200.000 was used to support increased service delivery.

Budget price: $65.666 million Actual price: $65 .664 million

Achieved

Comment: Funding provided to the Northern Territory Government for interpreter services to Indigenous Australians.

Budget price: $1.285 million Actual price: $1.285 million

Achieved

Comment: Funding provided for night patrol services and additional legal and interpreter services as part of the Closing the Gap in the Northern Territory national partnership.

Budget price: $25.503 million Actual price: $25.503 million

Achieved

Comment: Funding was provided to five recipients under the Native Title Anthropologist Grants Program . Recipients were: the Cairns Institute. James Co ok Un iversity; ANU Schoo l of Archaeology and Anthropology; University of

Ade laide School of Social Sc1ences I two projects!; and the University of Sydney Department of Anthropology, School of Social and Political Sciences.

Budget price: $0.526 million Actual price: $0.526 million

I 121

discussing current justice

and legal issues in the

Kimberley region

ATTO R NEY - GENERAL 'S DE P ARTMENT I NN AL R 2

Kimberley Community Legal Services: pulling together in remote Australia

Hundreds of Indigenous Australians in

remote communities across the Kimberleys

in Western Australia learned more about

their legal rights and responsibilities in activities sponsored by the department in

early 2012.

Kimberley Community Lega l Service [KCLS ]

staff flew and cam ped around the region

to respond to invitations from com mu nity

members and agencies to discuss current

justice and legal issues in communities

and to provide legal advocacy services to

individuals.

The department supports and funds

KCLS and 138 community legal services

centres around Australia as part of

our Commonwealth Community Lega l Services Program .

In the Kimberleys-from Kununurra to Balgo

to remote Kalumburu and along the Gibb

River Road -the â‘ stolen wagesâ‘ issue has

been a big focus for 2012.

From 1905 to 1972, many employers held

money and property belonging to Aboriginal

peop le. There is little or no evidence the

money was ever returned to those people.

A Wes tern Aus tralia state government task

force established a reparation scheme in

March 2012 , inviting people to apply for up to

$2,000 to be returned to them. KCLS began

gathering community responses to the

scheme during regular outreach activities in

remote Kimberley communities.

It became clear that this scheme would

impact widely throughout the Kimberley and

many Kimberley people would be eligible

to receive payments under the Scheme.

KCLS developed a work plan to disseminate

information, provide legal assistance to

app licants and commun icate with the state

government abo ut commun ity responses to

the scheme. This plan included a series of

week-long trips to remote commun ities to

engage in wider community legal education

and to talk about stolen wages. The

Aboriginal Legal Service and Legal Aid WA

partnered with KCLS in these trips to provide

these much-needed services.

KCLS also engaged with local schools

and students about their rights and

responsibil ities with the law. Other people

wanted to know about their rights when

police entered their homes. Some people

wanted to apply for the Stolen Wages Scheme

and have their remarkable stories heard.

Through workshops and more informal

settings, KCLS met these information needs.

In doing so, they strengthened relationships

with the local Aboriginal Legal Service and

Legal Aid WA. and formed strong bonds with

commun ity leaders. families and schoo ls.

â‘In the outback, the distances seem endless

and services are limited.â‘ said Joan Jardine,

Director of the Community Legal Services

section in the department in Canberra .

â‘community legal centres do a great job

because they know everyone has to pull

together to succeed."

123

National Security and Criminal Justice-departmental programs

Program 1.2

Attorney-General's Department operating expenses -National Security and Criminal Justice

Summary Through Program 1.2 the department will contribute to Outcome 1 in 2011-12 and future years by:

" supporting developme nt of capa bility and capacity within the national security community and the Australian co m m unity to prepa re for, prevent, respond to, mitigate and recover from [PPRR] national security threats

" developing preventative m echanisms and effective responses to adverse nationa l security events through an effective lega l framework for counter-terrorism, cyber security and telecom m unications interception

" ma intaining po licy on countering violent extremism, national security information coo rdination and geospatial capacity

" coo rdinating the operations of po rtf olio agencies as well as Aus tralian Government and international partner agenc ies in managing Australia's borders and preventing harm to the Australian eco nomy , businesses and individuals from serious and organised crime

" supp orting a whole-of-nation, resilience -based approach to emergency management po licy and program s

" engag ing in international legal cooperative efforts aga inst crime.

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126

The responsibility for cyber security policy coo rdination was transfer red to the Departmen t of the Prime Minister and Cabinet [PM&C ) under the Ad m inistra tive Arrangemen ts O rder of 14 Decembe r 2011 . This included responsibility for the Cybe r Security Strateg y and its related whole-of-government coo rdination functions; cyber security crisis manageme nt arrangements ; international cybe r security policy engagements; and cyber security public

com m unications po licy settings. A GO retained respons ibili ties for ensuring the protection of Australia's critical national infrastructure from cyber threats.

The department provides leadership and coordination to suppo rt the peak decision " making body on emergency management , the Standing Co uncil on Police and Eme rgency Manage m ent [SCPEM ) and its senior officials group the National Emergency Management Committee [NEMC l. w hich is co-chaired by the Secretary of the depa rtme nt. These bod ies wo rk to strengthen Australia's resilience to disasters by providing strateg ic leadership on

nation-wide emergency manage m ent policy.

In 2011-12 the de partment co ntinued to coordinate and de liver activities under the Cou ntering Violent Extrem ism Program to support Australia's broader counter-terrorism efforts by add ressing factors that can make peop le vulnerable to extremist influences and recruitmen t by terrorists .

In 2011-12, the depa rtment con tinued to conduct chem ical securit y risk assessme nts, consu lted w ith governments , industry and the community on ways to delive r risk management strategies, and raised comm unity and industry awareness of the risks posed by the m isuse of chemicals for terrorist purposes.

D uring 2011-12, the departme nt worked closely with agencies w ithin the

Attorney-General's portfolio and across other portfolios on a range of measures directed at ensuring an effective legal framewo rk for national security and counter-terrorism . T his included ongoing engageme nt with the Independent National Sec urity Leg islation Monitor, passage of legislation directed towards more seam less coordination betw een

national security age ncies and leg islation to enable ratif ication of the International Co nvention for the S uppression of Acts of N uclear Terrorism, and the development of a

range of possible national security reform proposals which are currently the subject of an inquiry by the Parliamentary Joint Commit tee on Intelligence and Security.

Cyber crime is an issue that ca n have serious econom ic and social co nseq uences , and

necess itates a coordinated app roach across all Australian jurisdictions. D uring 2011 -12, the department continued to lead Australia's national response to cyber crime. Throug h its leadership of the N ational Cybercrime Work ing Gro up, the de partment continued to wo rk closely with police and justice agencies from all Australian jurisdictions to deve lop a collaborative and nationally coordinated response to cybe r crime. The depa rtment also

continued to lead work on a national reporting facility for cyber en me . to be ca lled the Australian Cybercrime Online Reporting Network, which will make it easier for victims to report instances of cybe r crime and assist in developing a clearer intelligence picture to enable improved strategic and operational responses to these offences.

Given the bo rderless nature of the internet, effective international cooperation is essential to combat ing cyber crime globall y. 'Cyber threats' was the central theme at the July 2011 meeting of the Qu intet of Attorneys-General, wh ich was held in Sydney, following w hich the Quintet developed an action plan to address cyber crim e. The Com m onwealth Law Min isters,

who also me t in Syd ney in July 2011 , also recog nised the significant threat of cyber crime

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A T TORN E Y - G E N E RA L'S D E PARTM E NT j ANNUAL REPORT 2011-12

in the Commonwealth and agreed to explore mechanisms for effective cooperation and enforcement within the Commonwealth.

The department also continued to work on developing and implementing Commonwealth organised crime policy under the Organised Crime Strategic Framework [OCSF]. During 2010-11, the first iteration of the Commonweal th Organised Crime Response Plan [OCRP) was comp leted and the department undertook an evaluation of the OCSF . The Case Study on

page 164 provides more detail about the OCRP and the evaluation of the OCSF.

Fraud also poses a significant threat to Australian individuals and businesses. It is of particular concern to the finance and banking industry, as it threatens to underm ine confidence in our financial systems. During 2011-12, the department worked w ith the banking and finance industry to continue deve lopment of the National Fraud Exchange , which will assist institutio ns to reduce fraud losses and remedy vulnerabilities, and increase their capacity to share solutions to fraud.

In 2011-12, the department progressed a significant package of legislative reforms that streamlines and modernises Australia's legal framework for international crime cooperation with the passage of the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 20 7 2 on 29 February 2012 .

The department continues to lead Australia's engagement as a state party to the United Nations Convention Against Corruption. In 2011-12 the department led the review of Australia's compliance w ith Chapters 3 and 4 of the Convent ion. The review was conducted by a team of experts from the USA and Turkey and facilitated by the United Nations Office on Drugs and Crime. The review found Australia has a comprehensive and proactive approach to combat ing

corruption, and recommended continued progress on a range of important anti-corruption initiatives, such as the developme nt of a National Anti-Corruption Plan.

The department continues to advance Australia's engagement in international coo perative efforts against crime in a number of other areas. For examp le, the depa rtment worked closely with law enforcement agencies bo th in Australia and overseas to meet Australia's internat ional responsibilities for cooperation in relation to extradition, mutual assistance in criminal matters, and international transfer of prisoners. It completed several significant and high-profile cases which involved working closely with a number of domestic and foreign law en forcement agencies.

The department also continued to promote the rule of law and effective governance in the Pacific, South As ia, South-East Asia and Africa. Collaborations with partner countries

built the capacity of their law and justice officials and strengthened laws and processes on transnational crime, peop le smuggling, people traff icking, terrorism and anti-money laundering, domestic crime and policing [in the Pacific ). and internationa l crime cooperation.

Maior achievements

Puhltc safety mobtle broadhr1nrf

A key issue regularly raised in Australia is the need for better communications across public

safety agencies as well as across all states and territories. A key enabler for improved communications is mobile broadband communications and interoperability, including in the context of equipment as well as operating protocols and procedures. W ith this in mind.

I 121

a multi-jurisdictional Public Safety Mobile Broadband Steering Committee was established in June 2011. to develop a nationally interoperable mobile broadband communications capability for public safety agencies.

The Comm ittee, co-chaired by this department and the Department of Broadband. Comm unications and the Digital Economy , comp rises Com m onwealth and state and territory sen ior officials, as well as representatives of mu lti-jur isdictional bodies responsible for pub lic safety. The focus of the Committee has been to work with jurisdictions to develop a national implementation plan. which will incorporate the policy, financial. governance. and operational and technical aspects associated with delivering the capability. The work of the committee includes jurisdictional modelling for the design and funding, assessing benefits and costs associated with each proposed model and reviewing the likely quantity of spectrum required for such a capability. A comparison of the 700 MHz and 800 MHz bands was also undertaken. Forums and workshops were conducted in every state and terri tory, involving consultations

with central agencies and public safety agencies.

The independent Natural Disaster Insurance Review [the Review]. commissioned by the Australian Government in March 2011, released its Final Report in November 2011. The Review found that measuring flood risk has been problematic due to inconsistent and incomplete flood and land use mapping data and that this information is not readily accessible to consumers.

In response to the Review. the Australian Government committed $12 million to establish

a National Flood Risk Information Portal, to be hosted by Geoscience Australia. and to

develop associated national guidelines on the collectio n. compa rab ili ty and reporting of flood risk information. Th is project is funded ove r four yea rs. commenc ing 1 July 2012. The aim of the project is to enhance community awareness of the flood risks they face. and create opportunities to improve and better inform decision making in a wide range of areas including emergency and environmental management. land use planning and insurance.

In June 2012. Part 1 of the National Guidelines for the National Flood Risk Information Portal was endorsed by the Standing Council on Police and Emergency Management . These strategically focused Guidelines will be supplemented by more operational and technically focused Guidelines [Part 2) which will provide the framework for the portal's

operation. While the Commonwealth will drive development and implementation of this init iative . the close co llaboration and commitment of state. territory and local governments will be critical to the portal's success. As such. the amount of information accessible through the portal will increase over time, as will the quality and consistency of the data.

National security training and education

The Department. through the Australian Emergency Management Institute [AEMI) and the Protective Security Training Centre [the Centre]. continues to provide nationally consistent education and training programs to the sectors. These programs support the outcomes of both the National Strategy for Disaster Resilience [NSDR) and the Protective Security Policy Framewo rk [PSPF).

0_ 128 PART ( ~ NATIONAL SECURITY AND CRIMINAL JUSTICE " DEPARTME N TAL PROGRAMS

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Throughout the year 555 students from 85 organisations attended training at the Protective Security Training Centre. The Centre provides n9tionally recognised voca tional training in protective security , security risk manag ement, and pe rsonnel security and conduc ting governmen t investigations. This included customised training for a range of Australian, state and territory gove rnment agenc ies.

Following the release of NSDR in February 20 11, A EMI has implemented significant design and realignment of education, training, community awareness and schoo l education programs . To

this end over 250 0 participants have attended educational programs, workshops, forums and nationally collaborative events [such as the Resilient Australia Awards].

In add ition, AEMI delivered DisasterMapp er, w hich is an innovative interact ive schoo ls resource tool w hich is designed to help students and teachers locate information about disaster. The Institute has also led the development of the Australian Emergenc y Management Kno w ledge Hu b, w hich provides research, resources and news relevant to the emergency management sector and mclud es interactive data and information, photos, video

and media about past disaster events.

National security legislation

The department undertook a range of work to progress ongo ing review of counter-terrorism laws , including:

" engaging actively with the Independent Na tional Sec urity Legislati on M onitor, whose first

report was tabled during the reporting period

" final ising arrangements for the COAG Review of Counter-Terrorism Laws which is

schedu led to commence in the second half of 2012.

A numb er of pieces of national security-related legislat ion were progressed, including:

" Royal Assent of the Intelligence Services Legislation Amendment Act 2011, which continued the

wo rk on achieving seamless coordination and information sharing between agencies

" passage of legislation to enable Australia to ratify the International Convention for the

Suppression of Acts of Nuclear Terrorism

" passage of legislat ion to provide for financial assistance of up to $75,000 to Australians harmed as a direct result of a declared overseas terrorist act and to the close family members of persons who die as a direct result of a declared overseas terrorist act.

Working with intelligence , securit y and law enforcement agencies, the department also

developed a range of possible law reform measures aimed at ensuring agencies are adequately equipped to perform their functions in a changing technological environment and with appropriate safeguards and accountabilities. The Attorney-General has referred this package of proposals to the Pa rli amentary Joint Committee on Intelligence and Secu rity for

further. consideration , public inquiry and report.

129

There were some developments on the listing of terrorist organisations under the Criminal Code, including:

" there-listing of four organisations as terrorist organisations in March 2012 [Ansar al-lslam, Islamic Movement of Uzbek istan, Jaish-e-Mohammed, and Lashkar-e Jhangv i]

" the relisting of Hizballah External Security Organisation as a terrorist organisation in May 2012

" the lapsing of the previous listing of Asbat al-Ansar in March 2012 [this organisation was not re-listed]

" a declaration by the Attorney-General in December 2011 to de -list the Islamic Army of Aden

" the preparation of a listing protocol outlining the process and requirements that apply to the listing of terrorist organisations-this is publicly available on the Australian Government National Secu rity website www.nationa lsecurity.gov.au.

Cyber security

ERT Aust l a

The Computer Emergency Response Team, C E RT Australia, continued to bed down its capabilit ies in providing information and advice to operators of critica l infrastructure and systems of national interest. Its domestic stakeholder base grew to around 500 companies and organisations, to which it provided a wide range of alerts and advisories on the latest cyber threats to inform their cyber security mitigation and planning activities. It also participated in a

range of cyber securit y exercises conducted by the Australian, state and territory governme nts in partnership with industry. Internationally the CERT ach ieved full membership of the Asia Pac ifi c CERT and a seat on its Steering Committee, as well as membership of the Forum for Incident Response and Security Teams. The information gained from international partners is an important eleme nt of the informati on and advice the CERT provides to its domestic stakeholders.

The responsibil ity for whole-of-government cyber security policy coordination was transferred from the Attorney-Generalâ‘s Department to the Department of the Prime Minister and Cabinet under the 14 December 2011 Admin istrative Arrangements Order. The Attorney-Generalâ‘s Department continues to support this work through a number

of policy initiatives , which are also consistent with the Government's usual practice of promoting the security and resilience of Australiaâ‘ s crit ical infrastructure. This includes continuing work with national security and law enforcement agencies, the Department of Broadband, Communications and the Digital Economy on the telecommunications sector security reforms to address cyber threats and vulnerabilit ies to Australiaâ‘s telecommunication infrastruct ure, and with NBN Co on national security issues in the design and operation of the National Broadband Network.

Identity security

The department has finali sed working-level consultations w ith the Commonwealth and states and territories on the Review of the National Identity Security Strategy INISS].

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As part of the implementation of the NISS, the department has progressed the implementation of the Document Verification Service [DVSl. which has the aim of minimising identity fraud. Technical connection of all key evidence-of-identity docume nt-issuing agencies in the Commonwealth , states and territories to the DVS was completed during the year. Preparatory wo rk to allow the verification of M edicare cards was also com pleted and this service will be available in 2012 -13. Australian Government approval of access to the service by private sector organisations was received. The department is working with states and

territor ies to provide businesses access to the national service.

Critical infrastructure

The department has continued to implement the Australian Government's Critical Infrastructure Resilience Strategy [the Strategy]. which seeks to enhance the resilience of our critical infrastructure to all hazards. This work is progressed in partnership with relevant Australian Government agencies, states and territories and business to ach ieve complementary and mutually beneficial outcomes.

While there have been many successes in implementing the Strategy over the past year, two significant achievements stand out. A key objective of the Strategy is to enhance the capacity of critical infrastructure owners and operators to manage unforeseen or unexpected risks to their operations through an organisational resilience approach. As organisational resilience is a relatively new concept, work was undertaken to deepen our understanding of organisational resilience and the benefits of taking such an approach. A research or evidence base is being developed to underpin and reinforce the concept. In March 20 12, Research Paper 1: CEO perspectives on organisational resilien ce was launc hed by the Secretary, Rog er Wilkins AO. It is the first in a series of research papers on organisational resilience being developed under the Strategy, and has received national and international interest and acclaim.

Building on the success of the inaugural Critical Infrastructure Resilience [CIR] Conference, the department hosted its second CIR Confe rence on 15-16 March 2012 in Sydney. Bringing together stakeholders from private and public sectors, the popular event addressed the theme 'CIR: Expe ct the unexpectedâ‘. which explored the attributes of organisational resilience. The Conference was again well received by attendees and continued to explore contemporary issues affecting critical infrastructure, while promoting a culture of

coll aboration between business and government.

The primary goal of the Critical Infrastructure Program for Modelling and Ana lysis [CIPMA] is to strengthen national security and enhance the resilience of Australia's crit ical infrastructure by providing 'virtual insight' into the economic and social impacts of disruptions to services-whether caused by natural or human disasters. Owners and operators of critical infrastructure can use this information to prepare, prevent, respond to or recover from an adverse event. CIPMA also helps governments shape their

policies on national security and critical infrastructure resilience.

During 2011-12, CIPMA has further developed its modelling capability through strong partnerships with a range of national and international stakeholders that includ e private sector owners and operators of critical infrastructure, state and territory governments and Australian Government agencies. CIPMA also supports the work of the Trusted Information Sharing Network for Critical Infrastructure Protection [TISN]. Key projects related to surface transport supply chains, water supply and disruptions to the banking and finance sector.

131

Chemicals of security concern

Under the Chemicals of Security Concern work program, chemical security risk assessments on fourteen chemicals identified as stored and/or transported in bulk were completed as was the majority of the assessmen t for security-sensit ive ammonium nitrate . Additional

achieveme nts in 2011-12 included:

" broad consultation with industry and the community on options to deliver a number of measures to reduce the national security risks associated with chemicals of security concern

" commencement of a process to reform state and territory regulations covering security-sensitive ammonium nitrate

" development of a homemade explosives guide and associated DVD to educate

first-responders about identifying and handling clandestine homemade explosive laboratories

" development of security awareness DVDs for the pharmaceutical and pool and spa sectors.

All-hazards crisis response

The Australian Government Crisis Coordination Centre was officially opened on

17 October 2011. The Centre is the Government's central crisis coordination resource and the primary source of information and situational awareness in domestic emergencies and crises. Most states in Australia were impacted by natural disasters during 2011-12. Th is included flooding along the east coast, severe weather across Australia and bushfires in Western

Australia. The department coordinated whole-of government crisis management support to states and territories in response to events arising from the 2011-12 disaster season.

Emergency management

The inaugural meeting of the Standing Council on Police and Emergency Management [SCPEM] was held on 11 November 201 1 in Auckland, New Zealand. The Council focused on the significant

gains that have been made in building more disaster-resilient governments, businesses, comm unities and households under the National Strategy for Disaster Resilience [NSDR].

The department continued to drive the implementation of significant national emergency management projects. This includes: reaching agreement on a nationally consistent rnelhodology for disaster risk assessments ; developing the N ational Work Program

for Flood M apping; revising the Volunteer Action Plan; deve lop ing a National Disaster Resilience Communications Plan; completing a review of the effectiveness of relief and recovery payments; working with the Land Us e Planning and Building Codes Taskforce to

enhance resilience in the built environment; and enhancing the surge capacity of Triple Zero [see page 28 for a case study on this project].

In September 2010, the Australian Government committed to contribute funding to enhance the

national telephone-based emergency warning system , Em ergency Alert. to enable the delivery of warnings to mobile phones based on the location of the hands et at the time of an eme rgency

[location -based solution [LBS II. Work to introduce this capability continued in 2011 -12. On 13 January 2012, the A ustralian and Victorian governme nts jointly an nou nced that the Victorian Government [as project leader on behalf of the states and territories ] had signed a contract w ith

132 PART ?-

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Telstra Corporation to deliver location-based warnings to Telstra mobile telephone customers by late 2012. Telstra w ill also provide an interface for all nationa l telecommu nications carriers

to deliver an LB S for their customers. Emergency Alert cu rren tly delivers warnings to land lines and mob ile teleph ones based on the customer's registered service address. The Project Agreement betwe en the Commonwealt h and Victoria [on behalf of all states an d territories] outlining the terms and conditions of the funding was executed on 13 June 2012.

E (T

Under the auspices of the National Emergency Management Committee, twenty-eight initiatives were funded through the Na tional Emergency Management Projects Program this year. All projects that are funded through this Program must address capability gaps of national signi'f icance . min imise ad verse effects of disasters, and contribute to strengthening the resilie nce of individuals. communities, businesses and institutions.

Fme oe'7CV man q rn n va nteª

In 20 11-1 2. the department supported several initiatives to attract. support and retain

emergency management volunteers, including:

" revision of the National Emergen cy Management Volunteer Action Plan [NEMVAP). endorsed by the Standing Council for Police and Emergency Managemen t on 29 June 2012. The Plan sets out twenty-two recommended actions to further progress

implementation consistent with the NSDR. It w ill help ensure that emergency manag ement voluntee rs con tinue to be available. we ll prepared, appropriately trained. eq uipped and resourced to help their communities build disaster resil ience, including

disaster respo nse and recovery capa bilit y into the future.

" funding and secretariat support for the pea k body representing the emergency management volunteer sector. the Australian Emergency Management Volunteer Forum [AEMVF ]

" establishment of the Emergency Managem ent Volunteer Training Qualifications Working Group. as endorsed by the Standing Council for Police and Eme rgency Management in late 2011, to address concerns raised by the sector regarding amendments to the determ ination for trainer an d assessor competencies

" development of a Regional and Remote Vo lunteer Leadership Development Program.

funded through the Na tional Emerg ency Management Projects.

Th e NEMVAP and stocktake of vo lunteer activities by juri sdictions are ava ilab le on the Australian Emergency Management webs ite-www.em.gov.au.

Counter- terrorism

In 2011 -12. the department supported the National Counter-Terrorism Committee [NCTC] to

coordinate policies and programs to develop national cou nter-terrorism capability. Th is was achieved through activiti es encompassing training and exercises, planning. po licy development and procurement programs aimed at developing effective inter-jurisdictional and inter-agency cooperation and response capacity. Th e department also managed the NC TC-administered fund, provided ongoing secretariat supp ort to six of the seven subcommittees and their working

groups. and co ntinued to manage fourteen capa bilities on beha lf of the NCTC.

133

During the year, the fourth annual cycle of the NCTC Capability Review and D evelopment Process was completed. Seventy-two projects and activities were successful in ga ining funding for exercises, training courses and procurement of specialist equipment w ith the objective of ensuring an effective nation-wide counter-terrorism capability is maintained.

Countering violent extremism

The dep artme nt has continued to progress a national approach to countering violent extremism [CV E). which aims to reduce the risk of home-grown terrorism by strengthening Australia' s resili ence to radicalisation and helping individuals to disengage from violent extremist influences and beliefs. In 2011-12, the depa rtment undertook a range of evidence-based projects to identify and address the processes that lead to violent extremism, including the Resilient Communit ies webs ite www. resilientcommun ities.gov.au which provides a platform for sharing information and challenging extremist ideologies, community enga gem ent. resea rch and developing an evaluation strategy. Please refer to Chapter 10 to review the achievements und er the CVE program in 2011-12.

National Security Hotline

The Na tional Security H otline is the single point of contact for the pub lic to report possible signs of terrorism in Australia. It also provides inform ation to call ers on a w ide range of national security matters including information from the pharmaceutical industry regarding purchases of, or enquiries about, chemi cals of securit y concern.

In addition, the Australian Crime Commission contracts the National Security Hotline to provide its Org anised Crime Rep orting Telephone Service. The National Security Ho tline also responds to after-hours calls to the Computer Emergency Response Team Hotline and to provide information to Parliamentarians and their staff regarding Government response to national disasters occurring in their electorates through a Parliamentary Assistance Line.

Surveillance and telecommunications interception

The department develops legislation and policy to ensure na tional security and law enforcemen t bodies can use electronic investigative tools to prevent. investigate and prosecu te serious offences The department deve lops legislation in a multi-jurisdictional environment whe re eme rging na tional security issues and technological developments require that a proactive approach is taken to ensure effective investigation tools are available while balancing privacy for individuals and ensuring appropriate accountability mechanisms are in place.

The Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 amended the Mutual Assistance in Criminal Matters Act 1987, the Telecommunications (Interception and Access} Act 1979 [the TIA Act]. and the Surveillance Devices Act 2004 to enable the Commonwealth Attorney-General to authorise the provision of lawfully intercepted

wa rrant information , lawfully accessed information and material ob tained through the use of a surveilla nce device to foreign cou ntries in certain circumstances w here the information relates to certain serious offences. Increasingly inter -country assistance is required to address the transnational nature of criminal offences such as child pornography, pe ople trafficking and drug traff icking.

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The Telecommunications Interception and Other Legislation Amendment [State Bodies] Act 2012 amended the the TIA Act to introduce the Victorian Public Interest Monitor [PI MI. the South Australian Independent Commissioner Against Corruption [ICAC). the Victorian

Independent Broad -based Anti-corrupt ion Commission !IBAC] and the Victorian Inspectorate [VI] into the interception regime. Including the ICAC and the IBAC will

allow the Attorney-General to declare these agencies to be interception agencies if the respective state legislation meets the accountability requirements in the TIA Act. This will maintain the national operation of the interception regime.

Australia is mak ing progress towards its proposed accession to the Council of Europe Convention on Cybercrime. The Cybercrime Legislation Amendme nt Bill2011 was referred

to the Joint Select Committee on Cyber-Safety on 23 June 2011. The Committee released its report on 18 August 201 1 making thirteen recommendations. The government has announced its intention to respond to the recommendations in the Senate, including by

moving amendments to the Bill.

Background checking

In accordance with the AusCheck Guidelines, during the reporting period forty-five requests we re received for access to the AusCheck database for information for national security and/

or law enforcement purposes. Requesting agencies were the Australian Federal Police [AFP). the Australian Tax Office, the Australian Customs and Border Protection Service, the Office of Transport Security and the Australian Crime Commission.

During 2011-12 , AusCheck completed 85,592 background checks for the Aviation Security

Identifi cation Card scheme , 52 ,370 ba ckground checks for the Maritime Security Identification Card scheme, and 88 background checks for the National H ea lth Security checking scheme.

Demand for Maritime Security Identification Card background checking services doubled for most of 2011-12. Demand increased from the usual 2,000 requests per month peaking at 6,500 requests for maritime background checking in September. AusCheck completed 22,000 more mar itime background checks in 2011-12 than in the previous reporting period with no significa nt delays incurred.

AusCheck continued to record high levels of client satisfaction in 2011-12. This year's

AusCheck client satisfaction survey, conducted independently by Orima Research in

April 2012, reported 91 per cent of respondents as agreeing or strongly agreeing that A usChec k's services are of high quality [see Figure 9.1]. This outcom e represents a resu lt that is consistent with AusCheck's previous high levels of client satisfaction.

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Figure 9.1: AusCheck client satisfaction survey, 2008-12

8 0 -â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘--â‘-â‘â‘--â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘-â‘â‘â‘-â‘â‘-â‘â‘â‘-â‘â‘--â‘-â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ .................... _ .. , .. ________ ,,,.,_ .................................... _,,,. __ ............................... -........ _

70 ..... .. . â‘ â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ .. .......................... ......................................... . . ................ ... â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ ..... .............. ............................. .. .... .

:: =~:::_::=:::::~~t~::~ ~ _: :=~â‘:_: â‘:=====:~==--::=~==:=::~----

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10 .......... .. â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ ..... ........................................ .

0 ......................................................................................................................................................................... ......................................... .

2009 16% 74% 9% 0% 0%

2010 11 % 69% 20% 0% 0%

2011 18% 72% 9% 0% 0%

2012 21% 70% 10% 0% 0%

Australian Government Disaster Recovery Payment

The Australian Government Disaster Recovery Payment [AGDRP) provides immed iate,

one-off payments to individuals and families adversely affected by major disasters to support their recovery.

During 2011-12, the department administered the AGDRP four times in three States.

Over 64,000 claims were paid totalling approximately $78 million. The AGDRP was made

available for the following natural disasters in 2011-12 :

" Queensland floods [January 2012)

" New South Wales floods [January and Marc h 2012)

" Victorian floods [February 20121.

Further information on the NDRRA and the AGDRP can be found in Chapter 10.

During the year. the department administered ex gratia assistance in the form of immediate, one-off payments to eligible New Zealand 'non protected' Special Category Visa [subclass 444) holders who had be en adversely affected by a natural disaster. In total, 202 claims were granted to the value of approximately $232 ,000.

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National Crisis Coordination Capability Program

The Australian Gove rnment Crisis Coordination Centre [CCC] was delivered in September 2011 and officially opened by the then Attorney-General. the Hon Robert McClelland MP, on

17 October 2011 . Th e CCC was successfully used during flooding events in summer 2012 to support the Australian Government Crisis Committee and coordinate whole-of-government actions in response to the emergencies.

The CCC 's Information Management System was further developed, with Release 2 of the system launched in December 2011 . The second release of the System enables Australian Government and state and territory agencies to share briefing information during a crisis.

The N ational Crisis Coo rdination Capabi lity Program ha s now delivered all requir ed components.

Criminal information exchange with New Zealand and the United States of America

The department has responsibility for the six-month trial with NZ for the exchange of criminal history information for employme nt vetting purposes as announced by the Prime Ministers of Australia and NZ on 29 January 2012. The department led negotiations between Australia and NZ on a Memorandum of Understanding [M oU] to govern the trial between Queensland and NZ. The MoU was signed on 29 May 2012 and the trial began on 2 July 20 12. O n completion of the trial, it is proposed that an assessment will be made to determine whether the arrangement should be extended to include requests from all Australian jurisdictions.

The objective of the trial is to establish more systema tic and efficient arrangements for exchanging criminal history information for emp loyment vetting purposes. This will assist employers to obtain information in a mo re timely manner in order to make more informed decisions regarding the suitability of an individual for a position of employment.

The department also led negotiations on behalf of Australia with the U nited States Department of Homeland Security on a Memorandum of Understanding on Enhancing Cooperation in Preventing and Combat ing Crim e. Under the M oU, both cou ntries will be able to crosscheck biometric data such as fingerprints and DNA and, in the event of a match, request further information from the other country on any individual of interest. Checks are subject to national laws, so information will not be shared where this is currently not legally

permitted by either Austral ia or the US.

Legislation to bolster criminal assets confiscation

The department has been responsible for developing legislation to support the new multi " agency Criminal Asse ts Confiscation Taskforce that was launched by the Government in March 2011 . The Crimes Legislation Amendment Act {No 2} 2011 , which received Royal Asse nt on 5 December 201 1, w ill en hance the pursuit of criminal assets by allowing the A FP toâ‘conduct proceeds-of-crime litigation on be half of the Taskforce. The legislation also enhanced the role of the Australian Commission for Law Enforcement Integrity [ACLE I] by

bringing the Australian Customs and Border Protection Service within the jurisdiction of the

Commission on a whole-of-agency basis.

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Legislation to strengthen Commonwealth law enforcement

The Crimes Legislation Amendment (Powers and Offences} Act 2012 was granted Royal Assent in April2012. This legislation introduced a wide range of reforms to support the work of Commonwealth law enforcement officers. The Act includes amendments that streamline existing arrangements enabling the Australian Crime Commission to share information with other government agencies, including state and territory police forces. The measu res will allow the Australian Crime Commission to proactively collaborate with the private sector, such as financial institutions, to combat serious and organised crime. The Act also contains important reforms to the sentencing of federal offenders in response to recommendations made by the 2006 Australian Law Reform Commission's report Same crime, same time. Implementing these recommendations makes arrangements for granting parole to federal offenders more effective and accountable. Measures in the Act also implement recommendations made by the 2010 report DNA forensic procedures: further independent review of Part 10 of the Crimes Act 1914 , including clarifying arrangements relating to AFP

DNA collection procedures and creating stricter rules around laboratory accreditation when DNA is analysed during an investigation.

A series of other amendments in the Act will help Commonwealth law enforcement agencies to effectively prevent and prosecute criminal activities. These amendments enhance the ability of ACLEI to investigate corruption, including by providing ACLEI with the power to refer a person to a court for contempt if they fail to cooperate with an investigation, and enable the Australian Customs and Border Protection Service to seize without a warrant all unlawfully

imported and border-controlled drugs.

Working in partnership with other countries on criminal and policing issues

In 2011-12, the department continued to work with partner countries across the Asia-Pacific region and Africa to strengthen laws, processes and capacity of officials to address global governance challenges such as transnational crime [including people smuggling, people trafficking, terrorism and money laundering]; domestic crime and policing [in the Pacific]; and international crime cooperation [ie extradition and mutual assistance].

The department's rule-of-law aid work in 201 1-12 has assisted partner countries across the

spectrum of policy development, legislation and the implementation of legislation. as well as providing training and mentoring at the operational level. This work advances whole " of-government priorities including Australia's aid priorities in An Effective Aid Program for Australia: Making a real difference-Delivering real results [Australia's Aid Policy].

The department continued to have the largest Australian Public Service [APS] contingent deployed to Papua New Guinea under Australia's flagship capacity building program, the Strongim Gavman Program [SGP]. In 2011-12, we had twelve positions in PNG 's Department of Justice and Attorney General, Office of the Public Prosecutor, the Office of the State Solicitor, the Office of the Solicitor-General and Correctional Services. Key achievements in 2011-12 included providing suppo rt in the establishment of a family sexual violence unit, assisting in the revision and implementation of a digital file management system , support in the establishment of a proceeds of crime unit, assisting in the incorporation of digital voice recorders into standard police interviewing practice and assisti ng PNG lawyers.

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Also within the Pacific region, the department supported Australia's regional engagement at the Pacific Island Officersâ‘ Network [PILON) meeting in New Zealand in December 2011. The depa rtment also successfully hosted two lega l officers. from the Samoan La w Reform Commission and the Solomon Islands Office of the Public Prosecutor, as part of the Pacific

Legal Policy Twinning Program.

In the Asian region, the department has continued to work with partner countries to

strengthen lega l frameworks and capacity to develop and implement laws to counter transnational crimes. In particular:

" Th e depa rtment was active in efforts to tackle trafficking in persons through the Ba li Process on People Smuggling, Trafficking in Persons and Re lated Transnational Crime, and in May 2012 co-chaired with Indonesia the Bali Process Technical Experts Workshop on Trafficking.

" The department posted its first officer to the Australian Embass y in Jakarta in January 2012 to manage the department's Strengthening Legal Frameworks to Counter Terrorism Program [SLF Program) with Indonesia, and support the department's broader bilateral legal relationship. This in-country representation has greatly enhanced the department's ability to deliver on its work w ith a range of Indonesian law and justice agencies.

" The department wo rked collaboratively with key Indonesian agencies in 2011-12 to deliver a busy program of work under the SLF Program. In late 2011 , the department facil itated a Prosecutor Pa iri ng Program which placed two Indonesian prosecutors w ith the Commonwealth Director of Public Prosecutions to learn about Australia's experience in prosecuting terror ism cases. The department has also provided advice and assistance to the drafting teams developing Indonesia's Counter Financing of Terrorism B ill and preparing amendments to Indonesia's Counter Terrorism Law. includ ing through study tours to Australia. In May 2012 , the departmen t co-chaired the second Indonesia Australia Counter-Terrori sm Dialogue in Jakarta. which agreed the forward work plan until the end of the SLF Prog ram in June 2013.

" The department participated in the fir st Board meeting of the Australia Indonesia Pa rtnership for Justice [AIPJ) on 27 June 2012. This five-year, $50 million AusAID program

com m enced in June 2011 an d works w ith the Government of Indonesia to achieve its long term goal of entrenching the rule of law and upholding human rights.

" The department has maintained a strong program of work through the Pakistan " Australia Joint Working Group on Border Management and Transnational Crime which met in Islamabad on 12-13 September 2011 , as well as hosting productive discussions when the Legal Issues Sub-Com m ittee of the Joint Working Group met in Ca nberra on

12-13 April 2012. Through this meeting the department and Pakistan have agreed upon a strong forward work-plan designed to support Pakistan in strengthening legislative and ope rational frameworks related to peop le smuggling, anti-money laundering and the cou nter-financing of terrorism.

" The department worked with Sri Lanka to build regional strength in the approach to people smuggling and other transnational crime by co-hosting a mutual legal assistance workshop w ith the Sri Lankan M inistry of Justice from 15 -17 May in Colombo.

" The department worked w ith AusAID to finalise the Memorandum of Cooperation between Australia and the U nited States for the deployment of Australian Justice Advisers to the Justice Centre in Parwan, Afghan istan, to mentor local legal professionals. The work of the advisers will be important in strengthening the rule of law in a country that has suffered decades of conflict.

I 139

" The department finalised an MoU with the V ietnamese Ministry of Justice to enhance legal

coop eration in criminal matters, which was signed by the Australian Attorney-General and the Vietnamese Minister of Justice on 10 April2012. This MoU formalises the

department"s current and ongoing program of assistance to Vietnam, with a focus on combat ing transnational crime. The department is in the process of delivering a plan of action on strengthening frameworks for international legal cooperation, including

anti-money launde ring and proceeds of crime.

In Africa, the department delivered regional workshops on mutual legal assistance, anti " money laundering and counter-terrorist financing to promote best practice and greater

cooperation between countries. Th e department also completed several bilateral projects, w hich support key regional priorities, including providing assistance to Ghana to develop

m utual assistance regulations, and prepa ring an issues paper for Botswana to guide the

development of its wh istleblower legislation.

Across a number of regions, work continued in 20 11-12 to strengthen legislative frameworks and deliver in-country training on anti-money laundering and proceeds of crime initiat ives.

O n several occasions this assistance led to the partner country undertaking proceeds-of " crime investigat ions w ithi n its own jurisdiction. Focus is on building regional cooperation an d intra-agency cooperation within countries to enha nce the global network to combat transnational crime. A key outcome of this regional engagement was co-hosting, together with the United States Department of Justice and the Indonesian Government's

Financial Intell ige nce Unit [PPATKl. the Th ird Asset Forfeiture and Financial Investigations Conference in Jakarta, Indonesia in May 2012. Over 100 delegates from approximately

twenty-three juri sdictions in the Asia-Pacific region participated in the conference to strengthen regional knowledge and ca pa city to take effective proceeds-of-crime action,

and in turn, strengthen regional ca pacity to combat domestic and transnati onal crime.

International crime cooperation arrangements

The department progressed significant reforms to Australiaâ‘s international crime coope ration

laws with the passage of the Extraditi on and Mutu al Assistance in Criminal Matters Legislat ion Amendment Act 2072 in February 2012. The Amendment Act will intr oduce a number of important efficiencies an d updates to Australia"s international crime cooperation laws to ensure that Australian authorities are equipped w ith the appropriate tools to enable them to assist their foreign cou nterparts in the investigation and prosecution of serious criminal

offences, while ma intaining access to du e process and legislative safeguards for individuals .

Amendments to the Extradition Act 1988 will allow a person to waive extradition proceed ings, extend the availability of bail in the later stages of the extradition process, remove du plication

in the decision-making process and allow a person to be prosecuted in Australia in lieu of extradition where the personâ‘s surrender has been refused for any reason. A numbe r of m ino r

and technical amendments will also be introduced to improve the general operation of the Act.

Amendments to the Mutual Assistance Act in Criminal Matters Act 1987 will expand the range of assistance that Australia ca n provide to foreign countries. In particular, the Amendm ent Act will enab le forensic procedures and surveill ance devices to be used in Au stralia by Australian law

enforcement agencies for the purposes of assisting a foreign coun try in a criminal matter, and will streamline the process for authorising proceeds-of-crime action on behalf of foreign countries.

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The Amendment Act will also strengthen safeguards in both the Extradition Act and the Mutual Assistance Act by making discrimination against a person on the basis of their sex or sexual orientatio n a mandatory ground for refusing a request for extradition or mutual assistance. Changes to both Acts will also strengthen protections in situations where a person may be subjected to torture.

The reforms follow an extensive public consultation process as well as consideration by the House of Representatives Standing Committee on Social Policy and Legal Affairs. The Committee 's report was tabled in Parliament on 12 September 2011.

The Amen dm ent Act was passed by Parliament on 29 Februa ry 2012 and will come into force on 20 September 2012.

The department continued to work to strengthen international crime cooperation during the reporting year. The department actively pa rticipated in a number of mu ltilateral fora aimed at com bating transnational crime and corruption , including the fourth Conference of Parties to the United Nations Conventions Against Corruption, the twenty-first session of the United Nations Commiss ion on Crime Prevention and Criminal Justice, and the Conference of the Parties to the United Nations Convention against Transnational Organized Crime and its Protocols.

The department continued to work with the Department of Foreign Affairs and Trade to build and maintain Australia's relationship with the International Criminal Court, actively participating in the tenth session of the Assembly of States Parties in December 2011. In addition, the department continued to progress the negotiation and implementation of bilateral treaties on mutual assistance, extradition and the international transfer of prisoners in accordance with Australian Government priorities .

The department also continued to lead Australia's engagement in the G20 Anti-Corruption Work ing Group and the Asia-Pacific Economic Cooperation (APEC] Anti-Corruption and Transparency Taskforce.

A number of extradition cases continue to engage the interest of the Australian and international communities, including Hungary's extradition request for Charles Zentai, who is wanted for prosecution for an alleged war crime, and Croatia's request for Daniel Snedden (also known as Dragan Vasiljkovicl. who is also wanted to face prosecution for alleged war crimes.

Another matter that attracted significant public interest was in respect of Paul Douglas Peters, who was surrendered by the United States to Australia to face prosecution for offences arising from the 'collar bomb' incident in M osman, Sydney. In collaboration with New Sou th Wa les authorities, departmental officers worked to ensure that the request was made as quickly as possible. Mr Peters was arrested the following day in the United States and subsequently waived his right to an extradition hearing.

A number of extradition 'firstsâ‘ occurred this year, including the first surrender of a person to Indonesia in over a decade , and the surrender of a person from Mexi co to Australia to face prosecution for child sex offences. In a significant development in international crime. cooperation between Australia and India, two people were surrendered from India to Austral ia for prosecution for serious offences, including sexual assault and attempted murder. These surrenders were the first extraditions from India to Au stralia and followed the extradition treaty between Australia and India coming into force in January 2011. The surrenders were achieved throug h close collaboration between the department. the AFP and India's Ministry of External Affairs in New Delhi.

I 141

Australia also concluded two extraditions in relation to alleged foreign bribery offences, resulting in the surrender of one person to Australia and one person to the United Kingdom.

Australia's first successful prisoner transfer with New Caledonia occurred in 20 11 -12. An international transfer-of -prisoner treaty between Australia and China came into force on 10 Novemb er 2011. As a result, Australians imprisoned in China can apply to transfer to Australia under the International Transfer of Prisoners Scheme and Chinese nationals

imprisoned in Australia can similarly apply to transfer to China.

In a trend consistent with the past five years, the department saw a significant increase in the number of requests made by Australia to foreign countries for mutual assistance in criminal matters. Approximately 75 per cent of the requests made to foreign countries were on behalf of Commonwealth agencies. The department observed that a higher number of Australian requests than in other years were for offences relating to frauds against the Commonwealth [including tax fraud]. money laundering, foreign bribery, people smuggling and child sex offences. A large number of requests were made in urgent circumstances to support ongoing drug ope rations by Australia law enforcemen t agenc ies. While the number of foreign requests to Australia for mutual assistance slightly decreased, fewer requests were for routine assistance while m ore requests soug ht su bstantial assistance requiring

ministerial authorisation. An emerging trend is greater numbers of requests both to and from Australia for proceeds-of-crime action. Australian authorities took urgent action to restrain proceeds of crime on behalf of a foreign country by registering a foreign restraining order under the Mutual Assistance in Criminal Matters Act 1987w ithin forty-eight hours of receiving a formal request.

A signifi cant numbe r of extradition litigation matters prog ressed during the year involving challenges before the Federal Court, Full Federal Court and High Court at various stages of the extradition process. As at 30 June 2012, an application for special leave to the High Court had been made in respect of ODonoghue v Honourable Brendan O'Connor [2012] FCA 227 . and decisions were reserved in respect of appeals in O'Connor v Zentai [2011] FCAFC 10 2 and Adamas v The Honourable Brendan O'Connor [No.2] [2012] FCA 227.

Federal offenders management

The department administers the sentences of federal offenders under Part 1 B of the Crimes Act 1914. It deals with the release of federal prisoners on parole. breaches of parole co nditions, ea rly release on licence . interstate transfer of federal prisoners, forensic m ental

health cases and applications by parolees to trave l overseas. Th e depa rtment also advises the Minister for H ome Affairs and Justice on petitions to exercise the Royal Prerogative of Mercy and applications to refer federal offendersâ‘ cases to courts of appea l. In 2011-12, the Attorney-General, the Minister for Home Affairs and Justice, and the department made 218 decisions to release federal prisoners on parole or licence.

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ATTORNEY-GENERAL 'S DEP ARTMEN T I ANNUAl REPORT 2011-12

Evaluations/reviews

Review of Australia's compliance with the United Nations Conventions Against Corruption

In 2011-12 , the department was responsible for managing the review of Australia's compliance with Chapte rs 3 and 4 of the United Nations Convention Ag ainst Corruption

[UNCAC ]. The review was conducted by a team of experts from the Un ited States and Turkey and facilitated by the United Nations Office on Drugs and Crime. The review process is an important obligation for state parties to the Convention, and involves the completion of a comp rehensive self-assessmen t report and a country visit by the review team. The Executive Summary of Australia's review was tabled at the UNCAC Implementation Review Group mee ting in Vienna on 18 June 2012 . The Executive Summary comme nds Australia for its comprehensive and proactive approach to co m bating corruption, and recommends Australia continue implementing a number of important anti-corruption initiatives, such as the development of Australia's first National Anti-Corruption Plan.

Parliamentary committee reviews of terrorist organisation listings

During the reporting period, the department provided submissions to the Parliamen tary Joint Comm ittee on Intelligence and Secu rity on its reviews of there-listing of terrorist organisations. The Committee tabled its report on there-listing of Ansar al-lslam, Islamic

Movement of Uzbek istan, Jaish-e-Mohammad and Lashkar-e-Jhangvi on 28 May 2012. and its repo rt on there-lis ting of H izballah's External Sec urity Organisation on 28 June 2012 .

Outlook at 30 June 2012 The department will continue to implement and drive work across the broad national security

agenda in Australian Government. This will include work that enhances national security, combats organised crime, improves identity and technology security and strengthens emergency management and builds resilience. Th e work will cover national security

legislation, cyber secu rity, critical infrastructure resilience, and identity security risk

management, security of chem icals of concern, protective security policy, and emergency management policy and crisis coordination.

The department's national security outlook in 2012-13 includes:

" continuing to implement the broad national security agen da across government in the

ongoing development of national security legislation

" progressing and comp leting proposa ls for telecommunications sector security reforms to ensure that governments and industry remain resilient to events impacting upon the

confidentiality, integrity and ava ilabili ty of telecommunications infrastructu re. Th is work will be informed by the Parliamentary Joint Committee on Intelligence and Security inqâ‘ uiry outcomes

" continuing to impleme nt the N SDR under the auspices of the Standing Council on

Police and Emergency Managem ent

" working with the Na tional Em ergency Management Committee's Land Use Planning and

Building Codes Taskforce to enhance resilience in the built environment

I 143

144

" facilitating implementation of the long-term projects constituting the National Work Program for Flood Mapping

" continuing to work with states and territories to enhance the national telephone-based warn ing system, Emerge ncy A lert, to enable the delivery of warn ings to mob ile ph one han dsets based on the location of the handset at the time of an emergency

" hosting a Young Leaders in Emergency Management Forum in co njunction with the Australasian Fire and Emergency Service Authorities Council [AFAC] and AEMVF

" delivery of the finalised National Security Capability Plan and enhancements to our National Security Fusion Capability to ensure all relevant information is being captured, fused, analysed and disseminated in a timely way across border security, law enforcement and intelligence agencies to help combat organised crime and terrorism

" in cooperation with the Department of Broadband , Communications and the Digital Eco nomy the de partment will deliver the National Imp lementation Plan for the Public Safety M obile B roadba nd ca pability to COAG's Standing Council on Po lice and Emergency M anage m ent in Sep tember 2012 with aim of implemen tation between 2017 and 2020

" continuing to work with Geoscience Australia and states and territories to develop the National Flood Risk Information Project and deliver Part 2 of the National Guidelines.

The department will support the Parliamentary Joint Committee on Intelligence and Security's inquiry into potential reforms of national security legislation.

In 2012-13 the department will continue to coordinate and deliver activities through a national approach to countering violent extremism by strengthening Australia's resilience to radicalisation and developing initiatives to address extremist influences that threaten A ustralia's security.

During 2012-13 the department will undertake chemical security risk assessments for twenty-nine agricultural/veterinary chemicals, complete a risk assessment for ammonium nitrate, finalise the approach to reducing national security risks associated with eleven precursor chemicals to homemade explosives, and develop a new phase for industry and community awareness-raising, including redevelopment of the chemicals security website.

Some of the key priorities in the year ahead include:

" continuing to review and improve the national security legislative framework through:

- engag ing with and respo nding to issues raised by the Indepen den t National Security Legislation Monitor, who has an ongoing role in examining Australia's counter " terrorism and national security legislation

- supporting the COAG Review of Counter-Terrorism Laws which will be conducted in the second half of 2012

- engaging with the Parliamentary Joint Committee on Intelligence and Security inquiry into potential reforms of national security legislation, and progressing any agreed legislative proposals following the Committee's report

" implementing the new regime for financial assistance for Australian victims of terrorism overseas, which will include broad consultation on principles to guide the quantum of payments to victims and close family m em bers.

NATIONAL SECURITY AND CRIMINAL JUSTICE " DEPARTMENTAL PROGRAMS

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

The department will lead the National Cybercrime Working Group in considering ways to further enhance cooperation between Australian jurisdict ions in combat ing cyber crime. The department will also continue to develop the Australian Cybercrime Online Reporting Network, including prepa ration of a business case for consideration by Commonwealth, state and territory Attorneys-Gene ral and Police Ministers.

The department will continue to work with the bank ing and finance industry to develop the National Fraud Exchange, to ensure that institutions can share information and work together to combat fraud within the industry.

The department will continue to consider ways in which the Commonweal th's serious drug offences framework could be updated and better adapted to respond to threats in the illicit drug market.

The department will continue to Lead work across government and with industry stakeholders to develop and implement new measures to address organised crime in the aviation and maritime ind ustries in response to vulnerabiliti es identified by Operation Polaris. Implem enting these measures will involve significant coordination and collaboration both within the portfolio and with other departm ents such as the Department of Infrastructure and Transport. The department will develop the legislation necessary for the measures to be implemented as well as working with other agencies to develop and implement new policy proposals.

The department will continue to work with domest ic and international partners to implement elements of the Organised Crime Strategic Framework .

As announced by the former Minister for Hom e Affairs in Sep tem ber 2011, the departm ent is leading the development of a National Anti-Corruption Plan. The Plan will provide a clear statement of ou r whole-of-government approach to combat ing corruption and will ensure the Commonwea lth is adequately equipped to deal w ith existing and emerging corruption threats. The department is leading an extensive public consu ltati on process to inform the development of the Plan.

As a state party to the United Nations Convent ion Against Corruption, Australia is required to assist in review of state partiesâ‘ compliance with the Convention. During 2012-13, the department will Lead Australia's review of Ta nzania's and the Netherlands' compliance with the Convention. Both reviews will be facilitated by the United Nations Office of Drugs and Crime, and Australia will pa rtner with Mozambiq ue in reviewing Tanzan ia, and with Uruguay in reviewing the Netherlands. The department w ill also continue to lead Australia's involvement in the G20 and APEC Anti-Corruption working groups.

In 2012 -13, the depa rtme nt will con tinue to lead Australia's negotiations on bilateral international crime cooperation treaties and related instruments. We will also continue to work collaboratively with other Australian Government agencies to represent Australia's interests in multilateral forums aimed at combating transnational crime, including the United Nations Commission on Crime Prevention and Criminal Justice.

In 2012-13, the department will continue to promote the rule of law and effective governance in Asia:-Pacific and Africa by working with partner countries to build the capac ity of law and justice officials and to strengthen laws and processes on comba ting transnational crime. people smugg ling, people trafficking, terrorism and money laundering; domestic crime and

po licing [in the Pacific]; and international crime coo peration. The department will deve lop and implement a new Rule of La w Aid Strategy to advance and facilitate coordinated and effective deliver y of Australia's Rule of Law aid priorities .

145

Performance results

Table 9.1: Performance results, Program 1.2

National leadership and coordination on identity security policy, including whole-of-government leadership for the National Identity Security Strategy INISS!

A coordinated legal, policy and operational framework to provide a resilien ce-based PPRR approach to disasters, including support to criss coordination and decision making

Provision and support of a relevant and consistent protective security environment across government

Degree of engagement by state, territory and Australian Government agencies in building national security capability and capacity

A legal and policy framework that builds community confidence and facilitates effective action to prevent and respond to national security challenges

Enhanced community and stakeholder confidence in and unde rstanding of the national security legal and policy framework

Effective legislative and policy frameworks and conduct of casework that bring people to justice while maintaining suitable safeguards and accountability mechanisms

146 PART

Substantially achieved

Comment: The department has finalised working level consultations on the review of the NISS in consultation with the states and territories. The DVS is currently being prepared for roll out to the private sector.

Substantially achieved

Comment: The Department is working in collaboration with states and territories to implement the COAG National Strategy for Disaster Resilience. The Strategy is a long-term national policy framework which focuses on integrated, whole-of-nation efforts to build Australia's resilience to natural disasters and improve approaches to prevention, preparedness . response and recovery. It guides action across all levels of government, as well as businesses. the non-profit sector and the broader community.

---------------------------------- Achieved Comment: The department has delivered seminars and one-on-one meetings with senior executives and security practitioners to provide advice and support during the implementation of the Protective Security Policy Framework IPSPFI. The department has launched a dedicated protective security website to improve access to PSPF documentation. Departmental officers provide an online and telephone inquiry and advisory service. The framework will be fully implemented by most agencies by July 2013.

The Protective Security Training Centre throughout the year proviaed training in protective security, security risk management . and personnel security to 555 students from 85 organisations. ---------------------------

Achieved

Comment: Federal, state and territory government agencies are fully engaged in building national security capability and capacity. The department contributed substantially to th1s engagement through its support of National Counter-Terrorism Committee and National Emergency Management Committee activities.

Achieved

Comment: The effectiveness of the legal framework is kept under Jngoing review, including by the Independ ent National Sec urity Legislation Monitor, and ame ndment s are progressed to respond to practical issues identified as a result of the operation of the legislation.

Achieved

Comment: Changes to national security laws have been subject to public consultation. and have been developed to ensure personal freedoms are considered.

Achieved

Comment: There have been successful counter-terrorism prosecutions. and the laws have been amended to ensure ongoing effectiveness while maintaining suitable safeguards and accountability mechanisms

I NATIONAL SECURITY AND CRIMINAL JUSTICE " DEPARTMENTAL PROGRAMS

ATTORNEY-GENERAL 'S DEPARTMENT ANNUAL REPORT 2011-12

Implementation of a framework for addressing serious and organised crime

Australia â‘s international crime cooperation frameworks are maintained and strengthened

Identifiable progress on legislative and operational initiatives undertaken with foreign countries

Substantially achieved

Comment: Implementation of elements of the Organised Crime Strategic Framework is an ongoing priority.

Achieved

Comment: The department continued bilateral negotiations with several partner countries on international crime cooperation treaties, and led Austrauaâ‘s involvement in multinational fora on transnational crime and corruptio n.

The department also progressed a significant package of reforms to Australiaâ‘s international crime cooperation laws with the passage of the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 in February 2012.

Substantially achieved

Comment: The department continues to strengthen the capacity of countries

in the Pacific. South Asia. South-East Asia. and Africa to address transnational crime and related criminal justice issues. through active engagement and supporting regional organisations. For example. Attorney-General"s Department Strongim Gavman Program advisers working in the Office of the Public Prosecutor [OPPI in Papua New Guinea have assisted in the establishment of a family and sexual offences [FASOI unit. The FASO unit, together with the establishment of a National Court FASO list. allows more focus on the professional development of junior lawyers in an under-resourced area and comp lemen ts AusAID"s broader focus on family and sexual offences.

1 147

148

from co nee pt to whole-of-government operational resource

Majdie Hordern and Simone Davenport, Emergency Management Australia.

ATTORNE Y -GENERAL 'S DEP A RTMENT I ANNUAL REPORT 2011-12

The Australian Govetnment Crisis Coordination Centre

The idea for a central point of information

and coordination during domestic crises

emerged in 2008 with the release of the

National Security Statement. In 2009 the

government accepted two new policy

proposals for the delivery of the National

C risis Coord ination Capability Program .

The A ustralian Gove rnm ent C risis

C oo rdinati on Ce ntre [CCC ] project was

established as part of the Program.

The project was much more than the

building of physical faciliti es and comprised

two distinct components . The first was the

developmen t of an operating model for

the new idea of a whole-of-government

coordination centre. 'The development of

the CCC Co ncept of Operations required not

only the resea rch and deve lop m ent w ork, but

also securing the support of other Australian

Gove rnme nt age ncies for the ideaâ‘. said

Simone Davenport, Change Manager for the

CCC Project. 'This was the most significant

change ever made to the way crises are

managed by the Australian Government, so

we had to develop a whole new approach

to stakeholder consultation as well a major

change ma nage m ent effort.'

The seco nd com pon ent of the project was

the design an d construction of the physical

facilities to support the new operating model.

'Having developed the new operating model,

we wanted to make sure the layout of the new

facilities matched it', said Majdie H ordern,

CCC Project Manager. The multidisciplinary

project team brought together staff from

Eme rgency M ana gement A ustralia,

Information Division, Corporate Division

Property Section and the Departmenta l

Security Unit. 'Our primary focus was

ensuring that the building, audiovisual,

information technology and security

arrangements supported multiple

agencies working collaborat ively together

du ring em ergencies.'

The official ope ning of the CCC by the

Attorney-General on 17 Octobe r 2011 was

a proud moment for the project team. The

opening ma rked the successful realisation

of a whole-of-capab ility approach to the

project-an app roach that initiated and entrenched signif icant changes in the w ay

crisis information and crisis coordination occurs across gove rnmen ts, and delivered an

impress ive and technica lly adva nced facility

that supports an d en hances nationwide crisis

m anageme nt. 'It was the culmination of all

our years of effort to create the departmen t "

led whole-of-government capability for crisis

coordination. It's a great outcome,' said

Rheannon N icholson, Director of the Na tional

Crisis Coordination Capability Program .

149

National Security and Criminal Justice-administered programs

Program 1.6

National Security and Criminal Justice

Summary In 2011-12, the department wo rked with the Department of Foreign Affairs and Trade to ma intain Australia's engagement in the work of the International Criminal Court. Th is included participati ng in the tenth session of the Assembly of States Parties to the Rome Statute of the International Criminal Court and in ongoing deliberations regarding the Court's budget, admin istration , activit ies and jurisdiction.

The department, together with the Australian Federal Po lice, wo rks with Pacific island countries to improve the capacity of Pacific po lice organisations to promote community safety, stability and security. This is ach ieved through ca pacity building activities under the Pacific Po lice Deve lopme nt Program and working with Pacific island co untries to improve police and criminal laws.

The Government's Cou ntering Violent Extremism [CVE] program aims to reduce the risk of home-grown terrorism by strengthening Australia's resilience to radicalisat ion and helping individuals to disengage from violent extremist influences and be liefs. The department continues to work with Commonwealth and state and territory agencies to ensure a whole-of " government approach to CV E. In 2011-12 the department developed and progressed a range of intelligence -based projects aimed at identifyi ng and addressing the processes that lead to

violent extremism. The department also supports initiatives that form part of the Australian Government's broader social inclusi on and national security agendas.

I 1s1

Maior achievements

Natural Disaster Resilience Prog ram

The Natural D isaster Resilience Prog ram [NDR P] is ad ministered under the National

Partnership Agreement on N atural Disaster Res ilience [N PAl. w hich is managed under the Council of Australia n Governme nts' Intergovernme ntal Agreement on Federal Financial Relations. The N PA was established to provide states and territories w ith ongo ing ce rtainty of funding to ach ieve mu tually agreed strateg ic aims and objectives in the natural disaster manage men t sector. It encourages partnerships and innovation in the way we collectively m anage natural disasters and enables states and territories the flexibility to targe t funds towards areas of highest nee d based on their state-w ide risk assessm ents.

The key aim of the N PA is to enhance Australia's resilience to natural disasters through mitigation wo rks, meas ures and related activities that co ntribute to safer, sustainable co m mu nities that are better able to w ithstand the effects of disasters, including those

impacts arising from climate change. Th e N PA is consistent with the Government's strategic priorities, including the National Disaster Res ilience Fram ework and the N ational Strategy for Disaster Resilience [NSD R].

The ND R P was developed to reform the Governme nt's approach to emergency manage m ent and to increase Aus tralia's resilience to a range of disasters, including the expected increase

in wea ther events resulting from the impact of climate change . Funding for projects is prioritised by states and territories in the co ntext of their natural disaster ~isk priorities . This recognises that different jurisdictions have different priorities, and that these may

change over time.

The current NPA is in its thir d year of implemen tation and is due to co nclude end of June 2013. The department has comme nced the process of consultat ions on a proposed second Agreemen t A key deliverable under the current N PA was the requirement for states and

territories to provide the departme nt w ith state-wide natural disaster risk assessme nts by 31 December 2011 in accordance w ith relevant Australian standards. States and territories

use information from the risk assessmen ts to further inform the strategic direction of NDRP expe nditure. At the 29 June 2012 Standing Council on Police and Emerge ncy Management meet ing, min isters endorsed states and territories publishing a public ve rsion of state-wide risk assessments prior to June 2013. Furtherm ore, agreement was made for states and territories to update their current state-wide risk assessments during the life of the next NPA.

National secu rity exercises

In 2011-12, on behalf of the National Counte r-Terrorism Comm ittee [N CTC]. the depa rtment provided funding to states and territories to condu ct a se ries of drill-style exercises to test

their counter-terror ism capabilities. These exe rcises are of significant va lue and test specific capabilities and arrangemen ts down to the com m unity and local gove rnment level. In addition to these tactically focused exercises, the department also coordinated a number of activities that provided the oppo rtunity for engage m ent be tween jurisdictional and Australian Government agenc ies at various levels. A n exa m ple was Exercise Hades 12, w hich aimed to test national and jurisdict ional interoperability, ca pa bility and capacity to respond to a mass casualty incident This exe rcise incorporated training com ponents, discussion-based

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activities as we ll as the deployment of personnel, and resulted in the identificat ion of a number of key findings that w illmform future capability development.

The department is working to more closely align the exercise activities of the NC TC and the National Emergency Management Committee [NEMC). Both Committees have agreed to implement a more strategic approach to exercis ing and w 1ll develop three year programs that identify opportunities to collaborate not only with each other, but also with the Australian

Health Protection Comm ittee and the National Biosecurity Committee when appropriate.

Counter-terrorism

The National Security Capability Development Division [NSCDD) input focused on the NCTC including the NCT C Risk Framework, National Counter-Terrorism [NCT ) Plan and NCT Handbook.

Th e department finalised a comprehensive review of the NCT Plan that sets out a high-level framework to prepare for, prevent, respond to and recover from threats and acts of terror ism in Australia and its territories. The Plan w ill be published in 2012-13 .

Th e department undertook regular updates to the NCT Handbook in 2011-12. The next major review of the Handbook is due in 2013 -14.

Th e department continued to provide procurement support for a range of specialised equipment for the states and territor ies. This included the 'BearCat' armoured rescue vehicles. On 15 March 2012, the Attorney-General announced that New South Wa les, Queensland and Tasmania would receive the Commonwealth-funded vehicles as part of a

NCTC project. The vehicles are designed to help police deal with dangerous situations such as hostage incidents or acts of terrorism.

The purchase of the Common we alth-funded vehicles reflects the close and collabora tive relationsh ip between the Commonwealth and the states in building Australia's robust counter-terrorism capability. The first 'BearCat' armoured rescue vehicles were supplied to the Australian Cap ital Territory, the Northern Territory and South Australia in the second quarter of 2011.

Countering violent extremism to prevent terrorism

The Australian Government's CVE Program supports Australia's broader counter-terrorism efforts by addressmg factors that make people vulnerable to extremist influences and recruit m ent by terrorists. Th e CV E Unit within the department is responsible for developing and manag ing the CVE program, and ensuring that Commonwealth and state and territory agencies support and contribute to a nationally-coordinated approach to countering violent extremism. The program also supports initiatives that form part of the Australian

Government's broader social inclusion and national security agendas.

The department facilitates this whole-of-government approach to CVE through a Commonwealth-level stakeholder reference group established in 2011 to provide a consultat ive forum to discuss opportunities, risks and issues relat ing to the CVE program; and as the Co-Chair and Secretar iat for the National Counter Terrorism Countering Violent Extremism Sub-Com m ittee [CVESC).

I 153

In 2011-12 the CVESC funded CVE projects totalling $1.8 million in the areas of prison rehabilitation, com munity awareness training. education for government officials and communities, and CVE research. The Prisons Working Group, a sub-group of the CVESC, coordinated projects that sup port the disengagement and deradicalisation of individuals convicted of terrorism offences, and prevent the radicalisation of other inmates.

The CVESC also established a strategic reference group wh ich commenced work on a gap analysis in order to create an enhanced understanding of Australian CVE activities and recommend future priorities for CVESC funded projects.

In 2011-12. the department undertook a range of projects aimed at identify ing and addressing the processes that lead to violent extremism .

In Ap ril2011, the CVE Unit commissioned a consultant to conduct market research on community perceptions of CVE. The research included qualitative developmental and quantitative benchma rking components in order to establish an understanding of the awareness, attitudes and likely responses to CVE activities. Th e final report was received

in October2011.

The former Attorney-General hosted two Community Engagement Forums, providing opportunities for engaging directly with comm unity stakeholders on CVE. The forums emphas ised the need to focus on building trust and understanding between community, law enforcement and security agencies.

In July 2011, the former Attorney-General awarded over $1.7 million to grant twenty recipients under the seco nd round of the Building Community Resilience Grants [BCR] Program. Community organisations and academic instit utions from New South Wales, Victoria, Western Australia, Queensland and the Australian Cap ital Territory received funding for projects that actively address intolerant or extremist messages and discourage violent extremism. In February 20 12, the Attorney-General announced a third round for the

BCR grants program. Projects to be funded in this round of the BCR program will focus on empower ing communities through education and capacity building to resist and challenge violent extremist influences.

In October 20 11, the former Attorney-General launched the Resilient Communities website www.resilientcommunities.gov.au. This site provides a platform for sharing information with com mun ities , encou raging non-violent expression of views and supporting efforts to reduce marginalisation. Th e we bsite is also a mechanism for dissem inating messages that challenge violent extremist ideologies including co unter narratives and positive stories about commu nity projects. As at 30 June 2012, there ha ve been more than 8,800 visits to the website since it was launched, and communities have been active in con tributing blog comments, news articles and event listings to the website.

The Australian CVE program is respected by our international counterparts and we are increasingly being asked to contribute to the knowledge base on countering violent extremism through international bodies such as the G lobal Counter Terrorism Forum. In May 2012, the Attorney-General signed a US-Australia Joint Statement on Coun tering Transnational Crime, Terrorism and Violent Extremism, affirm ing Australiaâ‘s intention to expand our cooperation w ith the United States on countering violent extremism. We will continue to work w ith our internat ional partners to sha re strategies , expertise and experience to enhance our domestic program.

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Secure schools, safer suburbs and Proceeds of Crime Act programs

During 2011-12, the department made significant progress in implementing the

Government's commitments to improving the security of local communities through the Safer Suburbs Program, helping those schools at risk of religiously, ethnically or raciall y motivated crime and violence to protect their students through the Secure Schools Program and assisting local communities with funding under the Proceeds of Crime Act.

During 2010, the Government committed an additional $15 million for a third round of funding for the Secure Schools Program, building on the $20 million awarded to schools in the first two rounds. The Minister for H ome Affairs and Justice approved $10 million in funding for

32 schools in the latest funding round, with $5 million held over for a preschools funding round in 2012-13. A total of 101 projects at 69 schools across Australia [17 Jewish, 261slamic,

18 government and eight independent] have now been approved under the three funding rounds. Their security enhancement projects include installation of fences, closed-circuit television [CCTV] cameras, access controls, alarm systems, bollards and lighting.

In 2010, the Government committed $5.42 million over three years [201 0-2011 to 2012-13]

to the Safer Suburbs Program to fund 43 new projects in communities around Australia for safety measures such as CCTV and lighting in crime hot-spots and diversionary and intervent ion activities for young people. The program builds upon the $15 million committed in 2007 to assist 21 communities. All2007-funded projects ha ve been comp leted and six of the 2010 projects have also co ncluded, with the remainder to be completed during 20 12-13.

Current highlights include a threepart project being undertaken by Tow nsville C ity Counc il that will support the installation of CCTV in Thuringowa, Riverway and other crime hot " spots; a night patrol pilot program to be run in conjunction w ith the Queensland Knockouts

Indigenous Corporation and local Indigenous elders; and targeted activitie s for young people. In the City of Holdfast Bay in South Australia, street lighting and CCTV cameras will be installed around Glenelg, including additional street lighting in High Street, new CCTV at

Colley Reserve and the rear of Glenelg Town Hall, and relocation of the CCTV at the taxi rank

to improve coverage.

Proceeds of Crime Act 2002 section 298 funding programs

During 2011-12, the Government provided nearly $6 million in funding from the proceeds of

crime for non-government organisations to support a range of crime prevention activities.

These included:

" funding for 16 Police and Community Youth Clubs and Blue Light organisations to undertake early intervention activities with young people in their communities [$1 ,895,362]

" fundif!g to assist 31 domestic violence service providers enhance the security of refuges

[$1,026,085]

" funding for 25 local councils to address the problem of graffiti crime in their communities

[$2.971 ,970].

155

Funding of $1.5 m illion was also provided for Neighbourhood Watch Australasia to undertake a range of activities including establishing a national office, providing support for local activities and commu nity recognition awards for volunteers.

International Criminal Court

The department continued to manage Australia's financial obligations to the International Criminal Court during the reporting year. The depa rtment arranged payment of Australia's assessed annua l contribution to the Court, as well as voluntary contributions to the Court's Trust Fund for Victims and its Trust Fund for the Participation of Least Deve loped Countries in the Assembly of States Parties, as well as other contributions to initiatives supporting the work of the Court. In addition, the department continued to work with the Department of

Foreign Affair s and Trade to build and maintain Australia's relationship and engagement with the Court. The department actively participated in the tenth session of the Assembly of States Parties in December 2011.

Pacific Police Development program

Th e department's capacity bu ilding activities through the Pac ific Police Development Program include assisting Pacific island countries to improve legisla tive and regulatory frameworks for criminal laws and policing, and enhancing the capacity of Pa cific legal officers to progress legislative reform through a placement program in the department. The department works with the Australian Federal Police and partner countries to

progress its activities.

Key ach ievements in 2011-12 included working with So lomon Islands in their review of

police powers, the development of implementation plans to sup port new police legislation in Tuvalu and Kiribati, and providing Nauru w ith the first of three Draft Bills to reform the Nau ru Criminal Code. Ongoing work includes assisting Cook Islands w ith the review and reform of the Crimes Act 7969, assisting Tuvalu and Kiribati with regulations under their police legislation , progressing work with Nauru on reforms to their Criminal Code, assisting Solomon Islands to review property offences, and working with Pap ua New Guinea to review and reform their narcotic drugs legislation.

Outlook at 30 June 2012 The department's national secu rit y outlook in 2012-13 includes:

" continuing work with states and territor ies to ma ke publicly available the state-wide natural disaster risk assessments, which are a requirement under the NPA

" negotiation of a new NPA to commence in 2013-14

" on behalf of the NCTC, reviewing processes and procedures to ensure a more strategic and holistic governance approach that supports improved prioritisation of NCTC capability development activity with a view to reviewing, refining and streamlining governance documentat ion, capability development cycles and the NCTC's Risk Management Framework.

0 156 PART ( ~ NATIONAL SECURITY AND CRIMINAL JUSTICE " ADMINISTERED PROGRAMS

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In 2012-13 the key priorities for the Countering Violent Extremism program will be to admin ister the third round of the BCR grants program, empower communit ies to take a stronger role in preventing and responding to violen t extremism , bu il d a deepe r know ledge of radicalisation in prisons an d understand the internet's role in the radicalisa tion of i ndividuals and its potential for co untering violent extrem ism. Du ring 201 2-13 a robust evaluation of the CV E program will commence w ith the collectio n of ba se line data against w hich the impact of activities under the CVE program can be measured for efficiency, effectiveness and sustainability.

In 2012-13, the department will continue to work collaboratively w ith other Australian Government agencies to support the International Criminal Court by fulfilling Australia's financial obligations and participating in deliberations regarding the Court's budget, administration, activities and jurisdiction. The department will also continue to support initiatives by the Assembly of States Parties to the Rome Statute of the International Criminal Court to en hance its effectiveness and efficiency.

Th e department w ill continue to work with Pacifi c island countries to strengthen legislative and regulatory frameworks for criminal law and po licing an d to improve the capacity of Pacific legal officers to address legislative reform through the Pacific Lega l Policy Twinning Program.

Performance results

Table 10.1: Performance results, Program 1.6

Identifiabl e progress on leg islative and

operational initiati ves undertaken with Pacific Island countries

Fund targeted national and community crime prevention programs

P roceeds of Crime Act 2002 section 298 programs

Prevention of terrorism through a

national approach to countering violent extremism

Australia meets its financial obligations to the International Criminal Court and participates effectively in negotiations regarding its jurisdiction

Achievement of priority disaster resilience initiatives identified by COAG

and eme rgency management ministers

Substantially achieved

Commen t: The department's work is ongo ing and includes development and

implem entation of criminal and police legislative frameworks. -------Substan tially achieved Comment: Community crime prevention projects have been conducted in accordance with program guidelines and project funding agreements. The majority of projects are progressing in accordance with these requirements, however, a small number have experienced delays in delivering the required outcomes. ---Achieved Comment: The department continued to work closely with agenc ies at both the Commonwealth and jurisdictional levels to undertake a range of evidence-based projects aimed at identifying and addressing processes that lead to violent extremism . Achieved Comment: During the reporting year, the department arranged payment of Australia â‘s assessed annual contribution to the International Criminal Court. Australia also participated in the tenth session of the Assembly of States Parties to the Rome Statute of the International Criminal Court in December 2011 and in ongoing deliberations regarding the Court's budget. administration activities and jurisdiction. Substantially achieved Comment: Th is work includes improving the effectiveness of emerge ncy warning systems, particularly the location-based mob il e telephone emergency warning system enhancement. The Com monwea lth continued to provide funding via the National Emergency M anagement Projects and providing funding to the National Ae rial Fire Fighting Cen tre INA FC I. 1157

Table 10.2: Administered items, Prog ram 1.6

Countering Violent Extremism to Prevent Terrorism

National Community Crime Prevention Program

Payments for membership of international bodies

Payments for grants to Australian organisations

Safer Suburbs Program

Secure Schools Program

Achieved

Comment: In 2011-12. the department administered the second round of the Building Community Resilience Grants program. This enabled expenditure of $2.142 million in administered funds to support and build community capacity to resist violent extremist influences. A third round of the grants program was announced and applications for projects to be conducted in 2012-13 assessed. An additional $660,000 was allocated to the program from underspends in other administered programs.

Budget Price: $2.16 7 million Actual Price: $2.159 million

Substantially achieved

Comment: This program has concluded but one project funded under the program has yet to be comp leted. The program is expected to be finalised in 2012-13.

Budget Price: $0.143 million Actual Price: $0.107 million

Achieved

Comment: Payments for Australia's membe rship of the Financial Action Task Force for2012.

Budget Pr1ce: $0.106 million Actual Price: $0.106 million

Substantially achieved

Comment: Funding for Crime Stoppers Australia Inc, Australian Bureau of Statistics and National Institute of Forensic Science.

Budget Pnce: $1.377 million Actual Price: $1.350 million

Substantially achieved

Comment: All 22 projects at 21 organisations of the 2007 program have been completed. Additional funding was committed in 2010 for 43 new projects . of which 37 are active and on track and six are completed.

Budget Price: $3.703 million Actual Price: $3.722 million

Substantially achieved

Comment : Thirty-two schools [six government and 26 non-government) were awarded funding of $10,000,206 in the third round of this program. Applications for preschools have been received and successful applicants will be awarded funding in 2012-13.

Budget Price: $5.709 million Actual Price: $5.461 million

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ATTORNE Y -GENERAL 'S DEPARTMENT ANNUAL REPORT 2011-12

Australia 's contribution to the International Criminal Court

Pacific Police Developme:nt

Disaster Resilience Australia -Eme rgency Warning System Database

Disaster Resilience Australia Package

I;.._'W~~-~-'f"f,..t""..l ---~-

- .. ,' - .. -

.' ,-l. '\ II,-~ I . " ~ ~ " " II/

Achieved

Comment: Australia paid its assessed con tribut ion of $3,878.760 l ¨ 3, 137,529) to the International Criminal Court in accordance with its obligations under the Rome Statute.

In addition, Australia made voluntary contributions of

" $140,3291 ¨115,000) to the ICC Trust Fund for Victims

" $61, 1991 ¨50,000) to the ICC Trust Fund for Least Developed Countries

" $50,000 to the Coalition for the International Criminal Court Ia partnership of non-governmental organisations that works closely with the Court)

" $12,300 l ¨10,000) to the ICC Internships and Visiting Professional Programme, and

" $6,150 l ¨5,000) to the International Criminal Law Network ICC Trial Competition.

Budget Price: $4.166 million Actual Price: $4.166 million

Achieved

Comment: The department's work is ongoing and includes continuing to support a number of Pacific Island countries to review, develop and strengthen their legal frameworks to combat crime and to reform domestic criminal and policing laws.

Budget Price: $0.279 million Actual Price: $0.235 million

Achieved

Comment : The department's work is ongoing and includes continuing to support the contract managers in hosting and managing the system. The underspend partially relates to a contingency for surge capacity that was not required to be utili sed and lower than anticipated fees in relation to changes for the database.

Budget Price: $1.617 million Actual Price: $1.350 million

Achieved

Comment: Twenty -seven initiatives were funded through the 2011 -12 National Emergency Management Projects to enhance disaster resilience across Australia. These initiatives were focused on achieving national outcomes and efficiency; identifying and addressing significant national emergency management capability gaps/needs or enhancing current measures to address these gaps/needs; aligned with national prioritie s eg the National Strategy for Disaster Resilience; and

delivering sustainable outcomes . Resultant initiatives were products of the strong and cooperative partnerships between the Commonwealth, state and territory governments, non -government organisations and the private sector.

Budget Price: $5.971 million Actual Price: $5.923 million

159

National Counter-terrorism Committee-special fund and operating expenses

Counter-terrorism exercises

National security public information campaign

National aerial fire fighting

Special Appropriations

National Firearms Program Implementation Act 1996

160 PART

Achieved

Comment: The National Counter-Terrorism Committee administered fund is an annual appropriation to support agreed activities, including the partial funding of the Australian Secret Network. Expenditure from the administered fund is approved by the Committee and managed in accordance with the department's Chief Executive Instructions and the Committee's financial guidelines.

As part of the Australian Government's appropriation to the department for 2011-12, the National Counter-Terrorism Committee adm inistered fund received $12.650 million, of which $7.150 million was allocated to the Committee's activities, $3.5 million for the ASNET secure communications network operations and $2 million to countering violent extremism activities. These funds were in addition to the $1 .038 million appropriated specifically for drill-style exercises.

Budget Price: $12.650 million Actual Price: $12.417 million

Achieved

Comment: A number of bcused drill-style exercises were successfully held by the States and Territories and involved a range of Government departments and agencies. The exercises provided a framework for testing and evaluating elements of their counter-terrorism arrangements.

Budget Price: $1.038 million Actual Price: $1.038 million

Achieved

Comment : The National Security Campaign ran a burst of five-week advertising from Sunday, 4 September 2011 to Saturday, 8 October 2011.

Budget Price: $0.530 million Actual Price: $0.512 million

Achieved

Comment: The department worked with the National Aerial Fire Fighting Centre to provide an effective aerial fire fighting capability. The capability played an important role in flood and storm response and recovery in Queensland, Western Australia, Victoria and New South Wales.

Budget Price: $13.946 million Actual Price: $13.946 million

Results

Achieved

Comment : The program has been finalised; however the Act has yet to be repealed. The negative actual is due to a reimbursement of $645,276, and an accrual reversal of $75,000.

Budget Price: $0.075 million Actual Price:- $0.720 million

E I NATIONAL SECURITY AND CRIMINAL JUSTICE -

ADMINISTERED PROGRAMS

ATTORNEY-GENERAL 'S DEPARTMENT j ANNUAL REPORT 2011 - 12

Program 1.7

Australian Government Disaster Financial S~pport Payments

Summary

Australian Government Disaster Recovery Payment and Ex-Gratia assistance

In 2011-12, over $78 millio n was provided under the Australian Government Disaster Recove ry Payment [AGDRP ) for an imm ediate, one-off payment to individuals and families

affected by major disasters throughout Australia. In total, 202 claims were granted to the value of approximately $232,000 to eligible New Zealand 'non-protectedâ‘ Special Category

Visa [SVC) [subclass 444) holders w ho had also been adversely affected by the disasters. These payments were delivered by the Department of Human Services.

Natural Disaster Relief and Recovery Arrangements

The Natural Disaster Relief and Re covery Arrangements [NDRRA) were made available

in response to forty-two natural disaster events across Australia during 2011-12. The

Arrangements provide funding for disaster reconstruction and ensure commun iti es have access to immediate relief and recovery assistance.

More than $2.9 billion was paid to the states and territories during the year under the

NDRRA for costs associated with natural disaster relief and recovery. The 20 11 -2012 disaster season was defined by seve ral severe flooding events-particularly in New South Wa les,

Queensland and Victoria-wh ich affected large areas of each state. To assist with ongoing reconstruction and recovery effort associated with disasters in Queensland, including the 20 10-11 floods and Tropical Cyclone Yasi, the Commonwealth made an advance payment

of $1.9 billion to the Queensland Go vernment und er the NDRRA. Much of this funding will be used to restore and replace essential public infrastructure, which is a critical element of commun ity recovery.

I 161

Performance results

Table 10.3: Administered Items, Program 1.7

Disaster Income Recovery Su bsidy " Flooding and Severe weather

Ex gratia assistance -New Zealand citizens

Achieved

Comment : DIRS was not activated

Budget Price: NIL Actual Price: NIL

Achieved

Comment : More than 202 claims were granted

Budget Price: $0.150 million Actual Price: $0.181 million

Table 10.4: Special Appropriations, Program 1.7

Social Security (Administratio n/ Act 7999 Ac hieved Comment: The Department activated the Australian Government Disaster

Recovery Payment four times in three states. Over 64,000 claims were paid to assist individuals and families.

Budget Price: $85.500 million Actual Price: $79.879 million

0_ CHAPTER 1 NATIONAL SECURITY AND CRIMINAL JUSTICE -

ADMINISTERED PROGRAMS 162 PART (.

164

shaping organised

crime policy

Adelle Low and Stephen Kiley,

Criminal Justice Division.

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAl REPORT 2011-12

Evaluating the success of the Commonwealth Organised Crime Strategic Framework and the completion of the Commonwealth Organised Crime Response Plan

The Commonwealth Organised Crime

Strategic Framework [OCSF) was

launched in No vember 2009 to coordinate a

who le-of-government approach to combating

organised crime. The Commonweal th

Organised Crime Response Plan [OCRP) is a

key component of the OCSF. The first OCRP.

which addressed the three priority threats

of money laundering, amphetamine-type

stimulants and identity crime. was completed

in December 2011.

Two and a half yea rs on, both the OCSF

and the OCRP have made a significant

difference to how the Commonwealth

combats organised crime. In particular. the

OCSF and OCRP have led to the creation

of new multi-agency approaches . such as

the National Criminal Intelligence Fusion

Capability and joint taskforces such as

Operation Polaris that targeted organised

crime on the waterfront. One significant new

taskforce is the Criminal Assets Confiscation

Taskforce. wh ich has had a major impact on

organised crime with almost $100 million

worth of assets restrained in the 2011-12

financial year. Other achievements include

the first National Threat Assessment on

money laundering, and work to provide the

private sector with access to the Document

Verific9tion System.

In early 2012. the effectiveness of the OCSF

was evaluated, including through sixty

in-depth interviews and a senior officers

workshop. 'People were kee n to participate

and welcomed the opportunity to provide

feedback', Adelle Low. Legal Officer. said.

The results of the evaluation were positive.

Sixty-seven per cent of responses agreed or

strongly agreed that activity under the OCSF

had led to action against those involved in

organised crime. Agencies also said the

OCSF raised the profile of organised crime .

improved cooperation and collaboration

and led to greater use of the capab ilit ies of

agencies not traditionally considered law

enforcement [such as the Australian Taxation

Office and AUSTRAC).

'It will be really exciting to see how the

evaluation of the OCSF shapes organised

crime policy over the next two yearsâ‘.

Stephen Kiley, Senior Legal Officer, said.

1 165

A T TORN EY-GENERAL'S D EPARTMENT I ANNUAl REPORT 2011-12

Maoagement and accountabilty

Chapter 11 Corporate governance

Chapter 12 External scrutiny

Chapter 13 Financial management

Chapter 14 Human resource management

Chapter 15 Social equity

Chapter 16 Ecologically sustainable development

169

181

203

211

225

237

1 167

Corporate governance

The Attorney-General's Department's governance framework includes appropriate committee and oversight structures, risk management, fraud control, strategic and business planning,

project management. business continuity, performance management, audit and evaluation, and financial management elements.

Senior leadership

Secretary

Roger Wilkins AO

Deputy secretaries

David Fredericks, Civil Justice and Legal Services Group

Elizabeth Kelly, Strategic Policy and Coordination Group

Tony Sheehan, National Security and Criminal Justice Group

First assistant secretaries

lain Anderson, Criminal Justice Division

Jane Bailey, Information Division

Bill Campbell QC PSM, General Counsel [International Law]

Campbell Darby DSC AM, Emergency Management Australia Division

Kym Duggan PSM, Social Inclusion D ivision

James Faulkner PS M SC, Ge neral Co unsel [Constitutional)

Warwick Finn, National Security Capability Development Division

I 169

Lou ise Glanville. Access to Justice Division and Strategy and Delivery Division

Maggie Jackson, Corporate Counsel

Katherine Jones. International Crime Cooperation Division

John Leahy PSM SC. Office of Legislative Drafting and Publishing

Stephen Lutze, Corporate Division

Greg Manning, International Law and Human Rights Division

Geoff McDonald PSM. National Security Law and Policy Division

Matt Minogue. Civil Law Division

Mike Rothery, National Security Resilience Policy Division

The overnance framework The department's core governance forums are the:

" Executive Board

" Secretary's Reviews

" Senior Management Committee

" Audit and Risk Management Committee

" Investment Review Board.

Other governance elements include the Chief Executive Instructions. the Strategic Plan

2010-12. the developing 20 12-15 Strategic Plan. divisional business plans, performance

reporting. risk management framework. fraud con trol plan and business continuity program.

170 PART 0 ) E I CORPORATE GOVERNANCE

A T TORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

â‘or manaqement mmittees The Executive Board comprises the Secretary and the three Deputy Secretaries. It advises the

Secretary on:

" the administration of the department

" the strategic direction of the department

" matters referred for decision by the Senior Management Committee.

The Senior Management Committee comprises the three Deputy Secretaries and each First Assistant Secretary. It is a forum for discussion by sen ior executive staff on strategic issues confronting the department and assists the department in achieving strategic and operational.

aims, and on monitoring departmental performance against a range of business strategies.

The Secretary's Rev iews are quarterly meetings between the Secretary and the sen ior

m anagement of each division to discuss developments around the depa rtment's strategic priorities and to receive status reports on divisional progress against business plans.

The Audit and Risk Management Committee comprises a chair and four members.

The chair and one member are external to the department; and the other three members are departmen tal staff members. Additionally, the Secretary, the Chief Financial Officer,

the First Assistant Secretary-Strategy and Delivery Division, the Chief Audit Executive;

and the Australian National Audit Office are represented at the meetings.

The Audit and Risk Management Committee advises the Secretary on the departm ent's

systems of internal controls, risk management [including fraud risk), financial reporting, compliance with laws, and internal and external aud it matters. The Commit tee met seven times during 2011-12.

The Investment Review Board comprises the three Deputy Secretaries and each First

Assistant Secretary. The purpose of the Investment Review Board is to provide direction and

leadership ensuring capital investments and projects are aligned with the department's strategic priorities and are financially sustainable.

Plannin and review The department's planning and performance framework is designed to ensure that activit ies and outcomes are aligned with priorities set by the Australian Government and

that mechanisms are in place to review these. Figure 12.1 provides an overview of the department's planning and performance framework.

171

Figure 12.1: Planning and performance framework, 2011-12

PLANNING

Portfolio Budget Statements

Program objectives. targets and deliverables

Strategic Plan

Outlines mission and objectives Key strategic priorities for the next 12 months

----------- *-----------Division and Branch Business Plans Key activities and projects --------~ ~----------

Individual Work Plans

Individual role in achieving priorities

Risk management

REPORTING

Annual Report

Informs Parliament and public about performance against outcomes and programs

Portfolio Budget Statements

Describes our outcomes and programs framework and the basis for funding

Performance Measurement and Evaluation

Performance evaluation against business and work plans-drives improvement

Governance Mechanisms

Executive Board Secretary's Rev iew Senior Management Committee Audit and Risk Management Committee

Investment Review Board Reconciliation Committee Workp lace Relations Committee Portfolio Governance Frameworks Standing Committee of Attorney General

The department's risk management framework is based on the Comcover Better Practice Guide: Risk Management and AS/NZS ISO 31000:2009 , Risk Management Principles and Guidelines. The framework add resses communicating policy and accountability , integrating risk management into business planning, review and monitoring processes. and developing a positive risk culture.

The department conducted facilitated Group and division risk identification sessions and developed a consolidated register of enterprise risks which are periodically considered by the Senior Management and Audit and Risk Management Committees.

The department's Strategic Planning and Governance Section supports divisions on implementation of the risk management framework and provides status reports to the Audit and Risk Management Committee as a standing agenda item.

172 PART CH PTER l I CORPORATE GOVERNANCE

ATT ORN E Y- GE N E RA L'S DEPA R TME NT I ANNUAL REPORT 2011-12

Fraud control

The department has a comprehensive fraud control management model which includes the department's Fraud Control Plan, regular reporting to the Audit and Risk Management Committee , separate functional areas for fraud control po licy and fraud investigation, fraud awa reness training , and inclusion of fraud risks within overall business risk assessmen t

processes. The department's Fraud Control Plan complies the Commonwealth Fraud Control Guidelines 2011.

CERTIFICATION OF DEPARTMENTAL FRAUD CONTROL ARRANGEMENTS

I, Roger Wilkins, certify that I am satisfied that for 2011-12, the Attorney-General's

Department has:

" prepared fraud risk assessments and fraud control plans

" in place appropriate fraud prevention, detection, investigation , reporting and data collection procedures and processes that meet the specific needs of the

department. and

" taken all reasonable measures to minimise the incidence of fraud in the

department and to investigate and recover the proceeds of fraud against the department.

Roger Wilkins AO

Secretary

22 August 2012

Conduct and ethics

The Attorney-General's Department Enterprise Agreement 201 1 co ntains a commitme nt by

the parties to delivering high quality professional public service in accordance with the APS Values. As part of the department's induction program, new starters attend a session on the Values and Code of Conduct. The department also offers on line training to all staff on

the Values and Code of Conduct which all new staff are encouraged to complete. All new

employees are provided with a copy of the APS Values and Code of Conduct. as well as relevant excerpts from the Crimes Act 1914, and must sign a statement asserting that they

have read and understood these provisions.

Information sessions are also provided to individual work areas to cover specific ethics and conduct issues as particular need s are identified. The department participates in the APSC's

Ethics Contact Officer network and information is available to employees regarding the ability to

contact the Ethics Advisory Service direct to discuss any ethical concerns that they may have.

1 173

The APS Values, Code of Conduct, Chief Executive Instructions and other material relevant to ethical conduct are incorporated, as appropriate, into relevant departmental policies, guidelines and instructions, and are available on the department's intranet.

enior Execufv ervice remuneration The terms and conditions for all current SES emp loyees are covered by individual determinations made under section 24[1] of the Public Service Act 1999.

Remuneration for an SES employee, as set out in the section 24[1] Determinations, includes base salary, an Executive Vehicle Scheme vehicle or cash-in-lieu, a car park and superannuation.

Performance pay is not available to SES employees under the section 24[1] determinations.

Further information about SES remuneration appears on page 214.

M ia and communications The Strategic Commun ication Branch is responsible for providing strategic communication advice and services to the department, including media and crisis management, corporate communications, and the delivery of communication strategies and campaigns. During the year the branch introduced a Strategic Communication Framework to build capability and emphasise the importance of effective communication strategies to support policy and program work.

Media and crisis communications

In its crisis communication role, the branch coordinated the Australian Government's public communication functions during the eastern seaboard floods and the floods that impacted large parts of Queensland, New South Wales and Victoria, and for Cyclone Yasi.

Pub lic communication support was also provided for a range of security incidents, including Norway 2011; Department of Agriculture, Fisheries and Forestry bomb hoax 2011; and the Air Mauritius Melbourne Airport bomb hoax 2012.

The branch's role in supporting whole-of-government public communication during a disaster also involved training and management of a sixty person national media liaison pool that operates as part of the Public Communication function of the Australian Government's Crisis Coordination Centre.

In this role the media and crisis communication team also participated in sixteen jurisdictional preparedness exercises, delivered media liaison officer training in each state and territory, and provided public communication support for ten Australian Government exercises.

The team was also responsible for managing the public communication security media arrangements for the Commonwealth Heads of Government Meeting, held in Perth in October 2011.

174 PART I CORPORATE GOVERNA N CE

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Extensive security media planning has also begun for the upcoming G20 meeting, the

Asia Cup and the Cricket World Cup.

The team handled 368 media releases and 689 media enquiries during the year across a wide range of issues. It also supported key communication initiatives within the department,

including criminal, civil justice and national security reforms.

Strategy and ca m pa igns

The branch continued work on two funded public information campaigns and the development

and implementation of communication strategies to support programs and policies.

The branch implemented the Personal Property Securities [PPS] Campaign which aimed to raise business and consumer awareness of PPS reform and to drive users to the new, national PPS Register. The campa ign ran from 23 January until30 June 2012 and included

national print, online and radio advertising.

The National Security Public Information Campaign ran from 4 September until8 October 2011 leading up to the Commonwealth Heads of Government Meeting in late October. The advertising activity consisted of metropolitan and regional radio [including print-handicapped and in-language radial. The radio advertisement was translated into twelve languages in addition to English. The advertisements aim to increase the publicâ‘s intention to report suspicious actions, behaviours or events to the National Security Hotline to help protect

Australia from terrorism.

Work to prevent chemicals from misuse by terrorists continued, with the branch implementing a public relations campaign that secured over thirty feature articles in industry association newsletters and magazines that reached thousands of high risk industry groups at no cost to the department. Work also included other awareness raising and outreach activities such as hosting industry trade shows and developing targeted information products

to build industry and consumer vigilance.

The branch also assisted divisions with the development of communication strategies covering topics including contract law, family law, graduate recruitment, learning and development, fraud control, disaster resilience, identity security, alternative dispute

resolution, intellectual property and emergency management.

Corporate communications

The branch coordinated the editing, design, typesetting and printing of more than 150 publications and collateral materials including the Strategic Plan 2012-2015, the Communication Framework and the Social Media Policy. The branch also coordinated the production and tabling of the 2010-2011 Annual Report and was involved in a range of communication activities, including the design and promotion of the Strategic Plan, design and promotion of the Graduate Recruitment program, the promotion of NAIDOC week and the Mabo 20th Anniversary, and the design and promotion of the Leading and Development program. The branch was responsible for the redevelopment of the departmental website and coordinated the delivery of the planning and design phase of this project. As part of the branchâ‘s ongoing focus to improve internal communications, the intranet structure was redesigned and over fifty departmental news articles and videos were published on the site.

1 175

Reconciliation Action Plan and Reconciliation Committee The department is committed to reconciliation between Aboriginal and Torres Strait Islander

people and non-Indigenous people for the benefit of all Australians. The department's â‘Reconciliation Action Plan [RAP) is implemented and ma intained by the department"s Reconciliation Comm ittee. The Committee focuses on engaging w ith staff to develop and

promote cultural awareness and includes representatives from the senior management team. Indigenous Network. line divisions and Indigenous and non-Indigenous staff. The department is involved in the Attorney-General's Portfolio Reconciliation Network and

co-hosted an event during National Reconciliation Week to reaffirm our commitment to the Portfolio's Statement of Commitment.

The department also participates in celebrating events of signif icance to Indigenous people

including National Reconciliation Week, NAIDOC Week. Sorry Day and Mabo Day.

Corrections to errors in the 2010-11 annual re ort " on page 186, the total funding received by the Northern Territory Aboriginal Interpreter Service was listed as $1.8 million. The correct figure is $2.5 million, including $1.2 million under the ongoing appropriation and $1 .3 million under the Closing the Gap

initiative. This figure includes $750,000 additional funding, listed on page 87. to progress

recommendations identified in the Commonwealth Ombudsman's report Talking in Language: Indigenous language interpreters and government communication

" on pages 90 and 186, the numb er of projects identified as funded un der the Indigenou s

Justice Program was incorrect. Th ere we re 57 projects funded under the Program in 2010-11. including twelve Petrol Sniffing Strategy Projects

" on pages 71 and 89, the number of community engagement officers in the Northern

Territory was incorrectly identified as 12. The correct number is 8.

" on page 306, under the heading "Extradition requests made by Australiaâ‘. the figures reported that there were 22 new requests made and a total of 38 requests continuing.

The correct figures are that there were 21 new requests made and a total of 37 requests continuing.

" on page 63 , under the subhead ing Compl iance with the Legal Services Directions 2005,

the compliance figures reported for the 20 10-11 financial year were incorrect.

Table 11.1: Investigation of possible non-compliance with the Legal Services Directions, 2010-11

2010-11 6 38 17 8 16

176 PART CHAPTER 1 I CORPORATE GOVERNANCE

178

building on the principles of respect, relationships and o p p o rt u n it i e s

David Fredericks, Deputy Secretary,

Civil Justice and Legal Services Group and

ATTORNEY -GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Portfolio commits to reconciliation

As a portfolio, we are proud to forma ll y

acknowledge Aboriginal and Torres Strait

Islander peoples as the first Australians.

In late 2011 , the department signed the

Attorney-General's Portfolio Indigenous

Statement of Commitment. The statement

brought existing individual statements

from portfolio agencies together into one,

symbolising a un ified approach towards the

advancement of reconciliation.

Reconciliation is a long-term goal that

involves recognition of the first Australians

and the provision of practical and effective

measures to address the economic and

social disadvantage experienced by many

of them .

Deputy Secretary David Fredericks is the

department's Reconciliation Champion.

In this role, David works closely with the

department's Reconciliation Comm itt ee and

Indigenous Network to cultivate working

relationships between the portfolio, other

government agencies and Aboriginal and

Torres Strait Islander peoples.

l m trem endou sly proud of the hard work

our department and portfolio continues to do towards reconciliation and closing the gap on Indigenous disadvantage: David said. 'One of

the ways we demonstrate this commitment

is through the Reconciliation Action Plan.

This was built on the principles of respect,

relationships and opp ortunities.â‘

Practical action detailed in the statement

includes commi tment to improve service

delivery outcomes an d support for Aboriginal

and Torres Strait Islander peoples, employ more Aboriginal and Torres Strait Islander

peoples in our agencies and increase our

understanding, knowledge and appreciation

of Aboriginal and Torres Strait Islander

cultures.

Th eika Andrews is the current chairperson

of the department's Indigenous staff network.

'The department provides opportunities to

Indigenous staff and supports Indigenous

staff in celebrating significant days

throughout the year. Together, we will

continue to work on the retention and

development of staff within the department:

Theika said.

179

External scrutiny

During 2011-12 the department's operations were subject to external scrutiny from the Australian National Audit Office [ANAO], the courts, parliamentary committees, the Commonwea lth Ombudsman and the Information Commiss ioner.

Reports by the Australian National Audit Office

Development and approva l of gran t program guidelines

The Auditor-General undertook a cross-agency performance aud it of the development and approval of grant program gu idelines. The performance audit assessed the implementation and effectiveness of the enhanced grants administration requirements relating to the development and approval of new grant guidelines and revision of existing grant guidelines.

The ANAO surveyed all agencies subject to the Financial Management Accountability Act 1997, including the Attorney-General's Departmen t.

The report of the performance audit was tabled in Parliament on 30 May 2012. The department ag reed with the findings and in response w ill incorporate the improvements into internal policy

guidance, training material and assurance processes.

Administration of gran t reporting obligations

The Auditor-General undertook a cross-agency performance audit of the administration of grant reporting obligations. The performance audit assessed the implementation and effectiveness of the enhanced grants administration requirements for: [i] reporting to the Finance Minister on the awarding of grants within their own electorate by ministers who are Members of the House of Representatives; [ii] reporting to the Finance M inister on instances where m inisters have decided to approve a particular grant which the relevant agency has recomme nde d be rejected; and [iii ] the website reporting of grants awarded.

181

The report of the performance audit was tabled in Parliament on 24 January 2012. The department agreed with the findings and in response will review internal controls, guidance and training material to ensure the better practice outlined w ithin the report is inco rporated

into the department's practices.

Judicial decisions

eWICL sstont.:r No 71 I I f 93 47

This was an appeal to the Full Court of the Family Court of Australia in a matter under the Hague Convention on the Civil Aspects of International Child Abduction. The judge at first instance found that the child had acqu ired habitual residence in Poland.

In all owing the appeal, the Full Court discussed the conce pt of 'habitual residenceâ‘ and noted that it was possible to lose hab itual residence in one place but not yet acquire it in a new coun try of residence. Their H onours found that, in the particular circumstances of the case, the primary judge had failed to give sufficient weight to the appellant's evidence that she had begun to make plans to depart from Poland almost as soon as she had arrived. Had that evidence been properly considered, the question of whether there had been a settled common intention to live in Poland would have been answered differently. As a result. the burden of proving that the child had acquired habitual residence in Poland had not been discharged.

This was an appea l to the Full Court of the Family Court of Australia in a matter under the H ague Convention on the Civil Aspects of International C hild Abduction . The judge at first instance found that the children had not acquired habitual residence in the United Kingdom.

On appeal, the Full Court confirmed that LK v Director-General, Department of Community

Services [2009] 237 CLR 582 remained authoritative in determining habitual residence and that Zotkiewicz did not introduce a new two limbed test as seemed to have been assumed at first instance. Accordingly, i t was held that the ch ildr en had been habitually resident in the United Kingdom at the time of their rem oval and the ma tter was remitted for a rehearing.

The rehearing is due to take place on 30 July 2012.

On 8 September 2011, a majority of the High Court held in fvlomcilovic v The Queen

(fvlomcilovicl that the relevant Victorian drug trafficking offence was not inconsistent with the Commonwealth drug traffick ing offence and therefore was not invalid under section 109 of the Constitution.

Follow ing fvlomcilovic, in April2012, the Standing Council on Law and Justice requested the National Criminal Law Reform Committee to undertake work to review existing means for avoiding co nstitut iona l inconsistency between Commo nwealth crimina l laws and state and territory criminal laws an d, if necessary, develop new proposals for avoiding such inconsistency.

182 PART CHAPTER l.l I EXTERNAL SCRUTINY

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

A majority of the Court in Momcilovic also held valid provisions in the Victorian Charter of

Human Rights and Responsibilities Act 2006 [the Charter] requiring courts to interpret Victorian

statutory provisions consistently with the human rights set out in the Charter and enabling the Victorian Supreme Co urt to make a declaration of inconsistent interpretation if statutory

provisions co uld not be interpreted consistently with the Charter rights. The decision does not have implications for the Pa rliamenta ry scrutiny regime established by the Commonwealth's

Human Rights (Parliamentary Scrutiny] Act 2011.

Comm nwealth D1rect f Publ1c Prosec.uttons v Pontatowska

The case of Commonwealth Director of Public Prosecutions v Poniatowska has clarified the way in which offences that can be committed by omission [ie failure to perform an act]

should be interpreted .

In this case, the respondent, Po niatowska , had previously fail ed to disclose to Centrelink

certain inco me rece ived from her emp loyer. and had received parenting payments to which she was not entitled as a result. The respondent pleaded guilty to the Criminal Code Act 1995 offence of obtaining a financial advantage from a Commonwea lth entity that she was not eligible to receive, but successfully appealed her conviction to the Full Court of the Supreme

Court of South Australia on the grounds that she was not under a legal duty to report her

income to Centrelink.

The Commonwealth Director of Public Prosecutions subsequently appealed this decision to

the High Court of Australia. The High Court dismissed the appeal and found that omissions can not be part of a criminal offence unless the offence criminalises the failure to do a

specific thing, such as lodge a tax return or comp ly with a notice or the pe rson is under a legal ob ligation to perform the particular act which they om itted to do. For Com m onwea lth offences, the relevant legal obligation must be one imposed by a law of the Commonwealth.

This case provides guidance on the interpretation of offences that seek to criminalise

omissions and is of significance to the development of future Commonwealth offences.

R v Khaz al

On 10 September 2008 in the Sup reme Court of New South Wales . Mr Khazaal was found

guilty of making a document connected with a terrorist act, knowing of that connection, in contravention of section 10 1.5 of the Criminal Code. M r Khazaal was sentenced on

25 September 2009 to twelve years imprisonmen t with a non -parole period of nine years. Mr Khazaal appealed his conviction an d sentence. and on 9 June 2011 . the N ew South Wal es Court of Criminal Appeal set aside his conviction and ordered a retrial. The Commonwealth

Director of Public Prosecutions appealed this decision, and the appeal was heard in the High Court on 2 March 2012. The High Court reserved its decision.

On 4 August 2009, five men in Victoria were charged w ith the offence of conspiring to do

acts in preparation for a terrorist act und er the Criminal Code . On 23 December 2010 , the jury acquitted two men and found the other three men gu ilty of terrorism-related offences under the Criminal Code . On 16 December 2011 . the Victorian Supreme Cou rt sentenced Mr Fattal, Mr El Sayad and Mr Aweys to imprisonme nt for a period of eighteen years. with a

1 183

non-parole period of thirteen years and six months. This decision is currently under appeal. Subsequent to the reporting period, the High Court upheld the appeal and Mr Khazaal was

taken into custody.

A number of judicial decisions in 2011-2012 referenced the Commonwealth's obligation

to act as a model litigant in the handling of claims and litigation brought by or against

the Commonwealth, as required by paragraph 4.2 and Appendix B of the Legal Services

Directions 2005. The most significant was the High Court decision in ASIC v Hellicar & Ors [2012] HCA 17, handed down on 3 May 2012. This case was an appeal by ASIC of the NSW Court of Appeal matter of Morley & Ors v ASIC [201 0] NSWCA 331 in which the Court of Appeal found that ASIC, already bound by its obligation to act as a model litigant, also owed an

obligation of fairness which required it to call a particular witness to give evidence.

In its reasoning, the High Court noted the Commonwealth 's acceptance that ASIC, as a model

litigant, is subject to an obligation to conduct litigation 'fairly, with comp lete propriety, and in accordance with the highest professional standards'. But the High Court did not accept

the reasoning of the Court of Appeal that such an obligation required ASIC to call particular evidence. Nor did it accept that a breach of that obligation resulted in the discounting of

evidence called to support ASIC's case.

The High Court noted that the procedural rules that govern all litigants apply uniformly

to model litigants, without modification. The model litigant obligation does not extend

to the question of which witnesses the Commonwealth should call, nor does the failure

of a Commonwealth regulator to call a particular witness result in a breach of the

obligation of fairness, nor result in the Commonwealth's case suffering in its cogency.

The Court reinforced that the obligatio n to act as a model litigant specifi cally req uires the

Commonwealth and its agencies to act in accordance with traditio na l standards of fair play: to act fairly, with complete propriety, and in accordance with the highest professional

standards in conducting litigation .

On 2 February 2012, the Federal Court found that Optus did not infringe the copyright in

television broadcasts of Australian Football League [AFLI and National Rugby League [NRLI

games by providing its Optus TV Now service. Telstra was included in the litigation as an exclusive licensee of both the NRL and AFL. Th e Federal Court found that the recording fell

w ithin the exception found ins 111 of the Copyright Act 1968. Section 111 permits a person to record a television or radio broadcast for private and domestic purposes for watching at a

more convenient time; an activity otherwise known as 'time-shiftingâ‘.

On 27 April 2012, the Full Federal Court decided the appeal in favour of the NRL, AFL

and Telstra against Optus. The Court placed a different emphasis on the case, looking at

who 'made' the copy of the broadcast. The Court found that the copy of the broadcast was made either by Optus alone or, its preferred view, by Optus and the Optus subscriber acting

together in concert. The Cou rt concluded that if Optus alone was the maker, it had infringed the copyright in the broadcasts.

184 PART H I EXTERNAL SCRUT INY

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Following the Full Federal Court's decision, Optus announced it would indefinitely suspend its TV Now Service. On 10 May 2012, Optus announced that it would seek special leave to appeal to the High Court. A hearing date has not yet been set.

On 17 February 2010 Phonographic Performance Company Australia [PPCA] and the four

major record companies [EM I, Sony, Universal and Warner] initiated proceedings in the High Court contesting the constitutionality of sections of the Copyright Act 1968 that provide a

compulsory licence allowing radio stations to play sound recordings but also place statutory price caps on the amount of royalties that radio broadcaster pay to sound recordings copyright owners.

The plaintiffs argued that contrary to s 51 [xxxi] of the Constitution, ss 109, 152[8] and 152[11] of the Copyright Act 1968 acquired property in their copyright in sound recordings [derived from the 1911 Act] other than on just terms and were invalid.

The High Court rejected the plaintiffs' arguments and accepted the Commonwealth's submission that under the transitional arrangements for commencement of the 1968 Act copyrights previously subsisting in sound recordings had been terminated and replaced by new copyrights to which the compulsory licensing system and caps on royalties were immediately attached. The question of 'just terms' did not arise, as there was no acquisition of property.

In A pril201 0 the film Salo was classified R18+ by the C lassificatio n Board. Tha t classifi cation

was upheld by the Classification Review Board in May 2010 following a request for review. FamilyVoice Australia appealed the Review Board's decision in the Federal Court under the Administrative Decisions Judicial Review (ADJR} Act 1975. On 31 August 2011 judgment was delivered by Justice Stone in favour of the respondent. that the application by FamilyVoice

be dismissed.

In November 2008 the Australian Federation Against Copyright Theft [AFACTl. a film industry coalit ion, initiated proceedings in the Federal Court alleging that iiN et au thorised copyright infringement by failing to take reasonable steps to prevent known infringing activity of its subscribers. This was the first Australian case in which the authorisation liability provisions in the Copyright Act have been tested against an internet service provider [ISPl.

In February 2010. the Court found that while iiNet did have knowledge of infringements, and did not act to stop them, it did not authorise the infringement. AFACT appealed the decision. In February 2011, the Full Federal Court dismissed the appeal. In August 2011, AFACT was granted special leave to appeal the Full Federal Court decision in the High Court. The key grounds of appeal were whether the Full Federal Court had erred in finding that iiNet had not au thorised infringement. and whether iiNet had sufficient knowledge of infringement. The High Cou rt unanimously held that the ISP, iiNet. was not 'authorisingâ‘ copyright infringement.

185

The Court observed that iiNet had no direct technical power to prevent its customers from using the BitTorrent system to infringe copyright in the appellant's films. Rather. the extent of iiNet's power to prevent its customers from infringing the appellant's copyright was limited to

an indirect power to terminate its contractual relationship with its customers.

PJ v th OL1t; er~ {S Jpreme Court of V1ctona Court of Aooeatl 2012

This appeal from an interlocutory decision of the Victorian County Court concerned the construction of the aggravated offence of organising or facilitating the bringing or coming of a group of at least five persons to Australia who do not have a lawful right to enter Australia under section 233C of the Migration Act 1958. The Court of Appeal found that proof of the offence requires the prosecution to establish that the accused was aware that Australia was the destination of the journey which he or she is alleged to have facilitated.

Reports by parliamentary committees

Senate Standing Committee on Commun ity Affairs

to the GJmmo Ned th Contnbut10n to t-orm~"r Forced Adoption Po/1 trs

The department assisted the Senate Inquiry into the Commonwealth Contribution to Former

Forced Adoption Policies and Practices by appearing before the Inquiry on 28 September 2011. Public hearings and submissions to the Inquiry highlighted personal accounts from adoptees and their birth parents of their experiences of inappropriate practices. The

department responded to the Inquiry's questions about the lawfulness of forced adoptions and the role of the Commonwealth in developing uniform adoption laws in the 1960s.

The Inquiry's Report was tabled in the Senate on 29 February 2012. The Report contains

twenty recommen dations. A key recommendation is for the Australian Government to offer a formal apology on behalf of the nation to the people affected. Other recommendations

include that the:

" Commonwealth should set up a national framework for how to respond to the consequences of forced adoption

" state and territory governments and institutions should provide funding for support

serv1ces

" work should be undertaken to improve records of the time. and access to those records.

The Attorney-General announced on 23 June 2012 that the Australian Government will

issue a formal apology to those affected by forced adoption practices. The Attorney-General

also announced the establishment of a Reference Group to assist in developing the apology. The Reference Group will comprise parliamentarians and stakeholder representatives,

including birth parents and adoptees. and will be chaired by former Fam il y Court of

Australia judge, Professor Nahum Mushin. The group will provide advice on the wording and delivery of the apology.

The department is working closely with stakeholders to assess how all the recommendations can be implemented and is coordinating the Government's response to the Inquiry's Report.

186 PART CHAPTER 12 I EXT ERNAL SC RU TINY

ATTORNEY-GENERAL'S DEP ARTM ENT I ANNUAl REPORT 2011-12

House of Representatives Standing Committee on Social Policy and Legal Affairs

The Crimes Legislation Amendment [Powe rs and Offences] Bill2011 was referred to the Hou se of Representatives Standing Co mmi ttee on Social Policy and Legal Affairs on 24 November 201 1. The Committee tabled its report on 29 February 2012. The Government accepted nine of the ten recommendations made by the Committee, including making Governme nt amendments to the Bill to implement additional safeguards around Australian Crime Commission information disclosure powers. The Bill was passed on 20 March 2012. Further work is being undertaken with respect to the Committee's recommendations that consideration be given to establishing a federal parole board, and that an audit of security and law enforcement agenciesâ‘ investigative and coercive powers be undertaken.

'vftaA

On 7 July 2011, the Extradition and Mutual Assistance in Criminal Matters Legislation

Amendment Bill 2011 was referred to the Standing Committee on Soc ial Policy and Legal Affairs for inquiry and report. The Committee's report was tabled in Parliament on 12 September 2011. The Committee made four recommendations, including that the Bill be passed by the House of Representatives. The Government response to the Report was provided during debate on the Bill in the House of Representatives Main Committee on 19 Septem ber 20 11. The Government accepted the majority of the Committee's recommendat ions including that any substantive breach of an undertaking from a foreign

country be reported to the Parliament and that the department w ill commence a review into the operation of the am endments contained in the Bill within three years of its enactment [Recommendations 3 and 4l. The Government did not accept Recommendation 2 that consideration be given to removing the presumption against bail in the Extradition Act 1988. The Government response noted that the current position on bail in the Extradition Act strikes the correct balance in recognising that in extradition cases there is an increased risk of persons abscond ing before they can be surrendered to the requesting foreign country. but also allows for bail to be granted in special circumstances.

The Bill was passed by Parliament on 29 February 2012 and received Royal Assent on 20 March 2012.

The report of the House of Representatives Standing Committee on Social Policy and Legal Affairs, Reclaiming Public Space: Inquiry into the regulation of billboard and outdoor advertising, was tabled on 4 July 2011.

The Committee 's recommendations were referred to the ALRC to take into account during its review of the National Classification Scheme. The A LR C 's report of that review was tabled on

1 March 2012. The Government is considering its response to the ALRC's Report.

187

188

St~tem nt R

On 18 August 2011 the House of Representatives Standing Committee on Social Policy and

Legal Affairs made a statement on the Legislative Instruments Amendment [Sunsetting) Bill 20 11, in discharge of the Commi ttee's requirement to provide a report on the B ill.

The Committee did not receive any submissions and determined not to hold public hearings. The Committee recommended that the House of Representatives pass the

B ill without amendment.

at m 1t A l. 55 d1ct n .4

On 13 February 2012, the House of Representatives Standing Committee on Social Policy and

Legal Affairs made a statement on the Access to Justice [Federal Jurisdiction) Amendment Bill 2011 , in discharge of the Committee's requirement to provide a report on the Bill.

The Committee noted that the Senate Legal and Constitutional Affairs Legislation Committee was conducting a pub lic inquiry into the Bill and that duplication was likely from a further inquiry. The Committee agreed not to further inquire into the Bill.

On 14 March 2012 the Judicial Misbehaviour and Incapacity [Parliamentary Commissions) Bill

2012 and the Courts Legislation Amendment [Judicial Complaints) Bill2012 were referred to the H ouse Committee on Social Policy and Legal Affairs for inquiry and report.

The Committee reported on 25 June 2012 and recommended that the Bills pass the House without amendment. Debate in the House of Representatives on the Bills commenced on 28 June 2012. No amendments had been made to the Bills at 30 June 2012.

Senate Legal and Constitutional Affairs Committee

On 29 March 2012, the Senate Legal and Constitutional Affairs Committee released the report

of its inquiry into provisions of the Access to Justice [Federal Jurisdiction) Amendment Bill 2011. The inquiry considered only Schedules 2, 3 and 4 of the Bill as the other Schedules were supported by the organisations that commented on those aspects of the Bill.

The Schedules considered by the Committee include provisions relating to suppression and non-publication orders [Schedule 2). vexatious proceedings orders [Schedule 3) and aligning the jurisdictional limit for matters heard by the Family Law Magistrates in Western Australia with that of Federal Magistrates Court [Schedule 4).

The Committee recommended the Senate pass the Bill without amendment.

The report of the Senate Lega l and Cons titutional Affairs Committee, Review of the National Classification Scheme: Achieving the Right Balance, was tabled on 23 June 2011 .

rE I EX TER NAL SC RU TINY

ATTORN E Y-GENERAL'S DE P ARTMENT I ANNUAL REPORT 2011-12

Th e Committee's recommendations were referred to the Australian Law Reform Commiss ion [ALRC] to take into account during its review of the National Classification Scheme. The ALRC's report of that review was tabled on 1 March 2012. The Government is considering its response to the ALRC's Report.

The Senate Legal and Constitutional Affairs Committee tabled its report on the Classification [Publications, Films and Computer Games] Amendment [R 18+ Computer Games] Bill2012 on 22 March 2012. The Committee recommended that the Bill be passed.

The Bill was passed by Parliament on 18 June 2012 and received Royal Assent on 6 July 2012. The Bill commences on 1 January 2013.

The Classification [Publications, Films and Computer Games] Amendment [Online Games] Bill2011 was passed by the House of Representatives on 2 November 2011 and was referred to the Senate Legal and Constitutional Affairs Committee. The Committee tabled its report on the Bill on 9 February 2012. The Committee recommended that the Senate pass the Bill. The Bill has not yet been debated by the Senate.

The Crimes Legislation Amendment Bill [No.2] 2011 was referred to the Senate Standing Committee on Legal and Constitutional Affairs on 23 June 2011. The Committee released its report on the B ill on 23 August 2011. The Government agreed to all of the Committee's recomme ndations either in full or in principle.

The Bill was passed by Parliament on 22 November 2011 and received Royal Assent on 5 December 2011.

The Bills were passed unamended on 25 November 2011 and became law on 4 January 20 12. The Senate Legal and Constitutional Affairs Committee had recommended that the

Bills should be passed, subject to some proposed amendments and other certain non " legislative measures. The Government will be further considering the Senate Committee's recommendations as part of the review of Australia's Human Rights Framework in 2013-14. By this time, there will be a body of work by the Parliamentary Joint Committee on Human

Rights to assess as well as experience in the public sector and the Parliament with statements of compatibility.

On 22 March the Senate referred the Social Security Amendment [Supporting Victims

of Te rrorism Overseas] Bill2011 [the Bill] to the Senate Legal and Constitutional Affairs Committee. Submissions were sought and a public hearing held on 19 April2012.

189

190

On 10 May 2012. the Committee tabled its Report which included seven Recommendations.

The Government adopted all of the recommendations except one. The Bill was passed and received Royal Assent on 22 July 2012.

tsla dtllon nd

On 30 May 2012 . the Crimes Legislatio n Amendment [Slavery, Slavery-like Cond itions and

People Trafficking] Bill was introduced into the House of Representatives. On 19 June 2012, the Senate referred the Bill to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report. The Committee is due to release its report on the Bill on 13 September 2012.

dele Aust

On 10 May 2012 the Senate referred the matter of detention of Indonesian minors in Australia

to the Senate Legal and Constitutional Affairs Committee for inquiry. The department and AFP provided a joint subm ission to the inquiry.

Sen ate Legal and Const itutional Affairs Legislation Committee

t "J t1 a

The Australian Human Rights Commission Amendment [National Children's Commissioner ] Bill2012 was referred to the Senate Legal and Constitutional Affairs Legislation Committee on 23 May 2012, with the report handed down on 18 June 2012. The report recommended that

the Bill be passed.

Coalition se nators supported the Bill with the caution that the Commissioner must complement and support the work of state and territory children's commissioners.

The Australian Greens supported the Bill but made the following recommendations, which were not adopted:

1. The Bil l be amended to explicitly to include the Convention Against Torture and Cruel,

Inhumane or Degrading Treatment or Punishment and the Optional Protocol to this Convention; the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

2. The reporting function should include an additional requirement on the Commissioner

to report on Australia's level of compliance with its human rights obligations under the Convention on the Rights of the Child.

3. The Explanatory Memorandum should be amended to explicitly include asylum seeker and

refugee children as examples of vulnerable and at risk groups of children.

The Bill was passed by Parliament on 25 June 2012 and commenced on 1 July 2012.

CHAPTER ll J EX TERNAL SCRUTIN Y

ATTO R N E Y - G E N E RAL' S D E PARTM E N T I ANNUAL REPORT 2011-12

The Deterring People Smuggling Bill2011 was introduc~d into Parliament on 1 November 2011. It was referred to the Senate Standing Committee on Legal and Cons titutiona l Affairs on 3 November 2011 for inquiry and report. The Bill sought to amend the Migration Act 7958 to clarify that a non -citizen has, at a particular time, no lawful right to come to Australia if at that time the person does not meet requirements for lawfully coming to Australia under domestic law, and apply this clarification retrospectively to 16 December 1999. The Department provided a submission to the inquiry and appeared before the Comm ittee in a public hearing on 11 November 2011. The Commit tee released its report on the Bill on 21 November 2011. The Government agreed to all of the Committee's recommend ations.

The Bill was passed by Parliament on 25 November 2011 and received Royal Assent on 29 N ovem ber 201 1.

On 23 November 2011, the Greens introduced the Crimes Amendment [Fairness for Minors]

Bill2011. The Bill proposes to remove wrist X-rays as an age determination procedure, impose strict timeframes for the AFP to conduct age determination processes and lay charges, and create a presumption of age for persons suspected of people smuggling who claim to be minors. Th e B ill was referred to the Senate Legal and Constitutional A ffairs Legislation Comm ittee on 25 November 2011. The Department, AFP and CDPP provided a joint submission to the inquiry and appeared before the Committee in a public hearing on 16 March 2012.

The Committee released its report on 4 April2012. It recommended that the Government review AFP procedures for laying charges, introduce legislation to clarify that the prosecution bears the burden of proof in age disputes, and review options for legal representatives to gather age evidence. The Committee also recommended that the Senate should not pa ss the Bill.

On 8 February 2012, the Greens introduced the M igration Amendment [Removal of Mandat ory

Minimum Penalties] Bill 2012 into the Senate. The B ill would remove mandatory minimum penalties for aggravated people smuggling offences under the Migration Act. The Bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee on 9 February 2012. The Department provided a submission to the inquiry and app eared before the Committee in a public hearing on 16 March 2012.

The Committee released its report on 4 April2012. It recommended that the Australian Government review the ope ration of the mandatory minimum pena lties app lied to aggravated people smuggling offences, and facilitate and support further deterrence and awarene ss raising activities in relation to people smuggling offences. The Committee also recommended that the Senate sho uld not pass the B ill.

Ot r

On 25 Ma rch 20 11 the Fam il y Law Legislation Ame ndment [Fam il y Violence and Other

Measures Bill2011 was referred to the Senate Legal and Constitutional Affairs Committee

[Senate LACA Committee] for inquiry and report.

I 191

The Senate LACA Committee reported on 22 August 2011 making eight recommendations, including that the Bill be passed by the Parliament. The Government responded to the recommendations by moving amendments to the Bill during debate in the Senate, and agreeing to con duct an education ca mpaign to promo te the changes.

Following passage by the House of Representatives on 30 May 201 1, the legislation was introduced into the Senate on 14 June 20 11. The Senate passed the legislation on 22 November 201 1 w ith amendments. The amendments from the Se nate were then considered and passed by the House of Representatives on 24 November 2011.

Senate Legal and Constitutional Affairs References Committee

The issue of international child abduction was referred to the Senate Legal and Constitutional Affairs Re ferences Comm ittee on 11 May 20 11 and the Comm ittee tabled its report on 31 October 2011.

The Government response was tabled on 30 March 2012 and accepted all recommendations -in full, in part or in principle. The Senate report was a timely reminder that, while Australia provides one of the highest levels of support to families affected by international parental child abduction, there always remains room for continued improvement.

As part of its response, the Government is working with organisations such as the Law Counci l of Aus tralia and International Social Service [ISS) Australia to improve services and information ava ilable in the com munity. The Attorney-General announced on 26 March 2012 that ISS would be funded to give Australian parents dealing with the abduction of their child from Australia free legal assistance. Th e new legal assistance service complements the counselling and mediation service already provided by ISS and funded by the department. The Government's new funding agreement with ISS provides a national service to help

parents prepare and lodge applications from Australia for the return of, or access to, children under the Convention.

The Government has also provided a grant of $50,000 to the Law Council to prepare a resource for legal practitioners about international parental child abduction.

Parliamentary Joint Committee on Law Enforcement

On 22 August 2011 , the Parliamentary Joint Committee on Law Enforcement [PJCLE)

released its report on its examination of the annual report of the Australian Crime Commission 2009-2010. The Committee made two recommendations about the Australian Crime Commission's practice of varying controlled operations under Part lAB of the Crimes Act 7974. The Government tabled its response to the report on 10 May 2012, accepting in part

the Committee's recommendations.

In Feb ruary 2010, the Government introduced provisions for the making of unexp lained wealth orders. as part of a suite of new laws to combat organised crime. These laws are designed to

192 PART I EX TERNAL SCRUTINY

A T TO RN E Y-G EN ERA L'S DEP A R TM E NT J ANNUAL REPORT 2011-12

target senior organised crime figures who often derive large profits from illegal activity but distance themselves from the commission of actual offences.

On 13 July 2011 , the PJCLE initiated an inquiry into Commonwealth unexp lained wealth

legislation and arrangement. The depa rtment and portfolio agencies actively assisted the Committee during the course of this inquiry, making both written and oral submissions to the Committee.

On 19 March 2012 . the PJCLE released the Final Report of its inquiry into Commonweal th

unexplained wealth legislat ion and arrangemen ts, which ma kes eighteen recommendations aimed at enhancing the pursuit of unexplained wealth. The department will work closely with other relevant agencies in preparing a response to the recommendations.

O n 16 June 20 11, the PJC LE comple ted and tabled the report of its Inquiry into the Adequacy of Aviation and Maritime Security Measu res to Combat Serious and Organised Crime. The terms of reference of the inquiry required the committee to examine the effectiveness of current administrative and law enforcement arrangements to protect Australia's borders from serious and organised criminal activity.

The P JCLE's report co ntained twenty-two recom mendations. On 3 No vember 201 1, the Government tabled its response to the report.

The Government has either accepted or noted nineteen of the twenty-two recommendations made by the inquiry.

In May 2012, the Minister for Home Affairs and Justice announced a number of major reforms to make it harder for organised criminals to ex ploit and infiltrate the waterfront and the private sector supply chain. These reforms will implement a number of the P JCLE's recommendations.

On 30 May 2012, the P JCLE initiated an Inquiry into the gathering and use of criminal

intelligence. The department is developing a subm ission for the Committee.

Parliamentary Joint Committee on the Australian Commiss ion for Law Enforcement Integrity

On 14 May 2009, the Parliamentary Joint Com m itt ee on the Australian Commission for

Law Enforcement Integrit y [PJC-ACLEI] init iated an inquiry into the operation of the Law Enforcement Integrity Commissioner Act 2006. Its final report, released on 7 July 2011, made

ten recommendations relating to extension to ACLEI's jurisdiction, additional proposed am end m en ts to the LEIC Ac t 200 6; and the Commonwealth integrity framewo rk, including gaps, areas of overlap, and possible measures for improveme nt. The Government tabled its

response on 9 February 2012. The report's recom me ndations were either accepted in full, in part. i n principle , or were noted.

193

On 21 November 2011, the PJC-ACLEI released its report on its inquiry into integrity testing.

The report made eight recommendations, including the introduction of targeted integrity testing for the Australian Federal Police, Australian Crime Commission and Australian Customs and Border Protection Service, as well as recommendations regarding the broad scope of integrity testing and associated governance and accountability measu res. The

Government agreed , or agreed in principle, to all of the recommendations in its response to the report, which was tabled on 30 Ma rch 2012. The department is currently working on

legislation to implement the Government's response.

On 6 December 2011, the PJC -ACLE I initiated an inquiry into the integrity of overseas Commonwealth law enforcement operations. The department gave evidence to the Committee at its public hearing on 1 March 2012.

Senate Env ironment and Communicat ions References Com mittee

On 3 March 20 11 , the Senate referred to the Environment and Communications Refe rences

Committee to inquire and report on the capacity of communication networks and emergency warning systems to deal with emergencies and natural disasters. The Committee handed down its findings on 23 November 2011.

Recommendations focused on spectrum allocation in the context of interoperability between

eme rgency services; increased collaboration between emergency services and the media; improved access to eme rgency call services for people with a disability; increased public

ed ucation on emerge ncy preparedness; and priority access to fuel for public broadcasters during eme rgencies.

The Australian Government's response to the Committee's report will be tabled in due course.

Senate Economics References Committee

On 3 March 2011, following the floods that occurred in Queensland over the 2010-11 summer.

the Senate referred for inquiry issues relating to the insurance of state government assets to the Se nate Standing Comm ittee on Economics for report by 22 September 2011. The referral was based on a Notice of Motion from independent Senator Nick Xenophon.

On 22 September 2011, the Senate Stand ing Comm ittee on Economics released its report,

The asset insurance arrangements of Australian state governments. The report contained four recommendations focused on the need to improve transparency in the states and terri toriesâ‘ reporting of their insurance and reinsurance arrangements; the need for the Commonwealth Grants Commiss ion to be more thorough in its collection of the statesâ‘ and territor ies' natural

disaster expenses, including insurance receipts; and the meaning of the term 'cost-effective â‘ in assessing the adequacy of the statesâ‘ and territories' insurance arrangements .

The Australian Government's response to the Committee's report will be tabled in due course.

194 PART I EXT ER NAL SCRU TINY

ATTOR N E Y- GE N ERAL 'S DEP A RTME NT I ANNUAL REPORT 2011-12

House of Represen tatives Standing Comm ittee on Aboriginal and Torres Strait Islander Affairs

On 20 June 2011, the House of Representatives Standing Committee on Aborigina l and To rres

Strait Islander Affairs tabled its report entitled Doing Time- Time for Doing: Indigenous Youth in the Criminal Justice System. The report made forty recommendations addressing connections between Indigenous contact with the criminal justice system and the justice, health, education and employment sectors. The Government Response was tabled in Pa rliament on 24 November 2011 with the Government accepting in whole, in part or in principle all forty of the Report's recommendations. The Australian Government is working on implementing the recommendations, including raising the issues with state and territory gove rnments through appropriate Ministerial Counc ils.

Australian Greens Se nator Rachel Siewe rt's N ative Title A m endmen t B ill [N o. 1] 20 10 w as considered by the Legal and Co nstitutional Affairs Legislation Com m ittee in 2011. Representatives from the depa rtment appeared before the comm ittee on 16 September 2011. T he committee released its final report on 9 November 2011. It recommended that the Senate should not pass the bill.

Joint Standing Committee on Migration

O n Feb ruary 2011 , the Joint Standing Committee on M igration accepted terms of reference from the M inister for Immigration and Citizenship, the Hon Chris Bowe n MP, to inquire into the economic, social and cultural i mpacts of m igration and make recommendat ions to max imise the positive benefits of migration. The department was invited to appear before the inquiry and make a submission on the Countering Violent Extremism program as it relates to the role of multicultura lism in the Australian Government's social inclusion agenda and suppo rting the full pa rticipation and integration into the broader Australian society of new

migrants. On 2 March 2012 the submission was tabled. On 14 March 2012, representatives from the Co untering Violent Extremism Unit in the department appeared before the Comm ittee. A supplemen tary subm ission was tabled in response to questions asked at the hearing. The final report w ill be made available once it has been tabled in parliament.

Joint Select Committee on Cyber -Safety

b rr L c.J ~ nA

T he Cybercrime Legislation Amendment Bill2011 was referred to the Joint Select Committee on Cyber-Safety on 23 June 2011.

In additi .on to public hearings, the Committee received twenty-two submissions presenting a range of views. While some submissions provided unrese rved support for the Bill. others rejected accession to the Co nve ntion. Th e majo rity of submissions supported accession but expressed conce rns about specific provisions of the Bill. Key issues included individual rights and privacy protections and the capacity of the states and territories to retain and implement

relevant enforcemen t powers within their jurisdictions.

1 195

The Committee released its report on 18 August 2011, making thirteen recommendations.

The Government has announced its intention to respond to the recommendations in the Senate, including by moving amendments to the Bill.

Joint Standing Committee on Treaties

On 21 June 2012, the Joint Standing Committee on Treaties tabled its report on the review

into treaties which were tabled on tabled on 7 and 28 February 2012. This report dealt with the Convention providing a Uniform Law on the Form of an International Will done at Washington DC on 26 October 1973 . The Committee recommended that binding treaty action be taken. It concluded that the greater legal certainty of an international will provides

practical benefits for testators and beneficiaries.

The National Interest Analysis for the International Convention for the Suppress ion of Acts

of Nuclear Terrorism [the Convention] was tabled in August 2011 before the Joint Stand ing Committee on Treaties [JSCOT]. JSCOT held a public hearing and tabled its report on 22 November 2011 , recommending Australia take binding treaty action.

The Nuclear Terrorism Legislation Amendment Act 2012 [the Act] gives effect to Australia's

outstanding obligations under the Convention. The Act, which amends the Nuclear Non-Proliferation (Safeguards] Act 1987 and the Extradition Act 1988 received Royal Assent in

March 2012.

Ratifying the Convention sends a strong message to the international community demonstrating Australia's co ntinued commitment to addressing the threat of terrorism. In addition, it strengthens Australia's case in encouraging regional countries to ratify the

sixteen international counter-terrorism instruments.

On 21 June 2012, the Joint Standing Committee on Treaties tabled its report on the review

into treaties tabled on 7 and 28 February 2012 . The report includes the Committee's

assessment of the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment [the 'Optional Protocol']. The Optional Protocol establishes a two-pronged system for inspecting Australian places of detention: by designated inspectorates, or â‘national preventative mechanismsâ‘ [NPMs]; and by the United Na tions

Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrad ing Treatment or Punishment [SPTl. The Committee supports the Optional Protocol and recommended that Australia take binding treaty action. The Committee noted that international practice

has shown the integrated and recognised systems of monitoring established under the Optional Protocol improve outcomes for detainees and achieve practical benefits for State parties. The Committee also noted that in addition to the human rights benefits, monitoring

under the Optiona l Protocol has the potential to minimise the financial cost of instances of mistreatment, including by avoiding litigation and compensat ion expenses.

Th e Committee also recommended that the Australian Government wo rk w ith the states and

territor ies to implement a national preventive mechanism fully compliant with the Optional

196 PART I EX TERNAL SCRUTINY

ATTORNEY-GENERA L'S DEPA RT ME N T I ANNUAL REPORT 2011-12

Protocol as quickly as possible on ratification of the Optional Protocol, recogn ising that the Optional Protocol allows States to delay the implem entation of the NPM for a number of years.

Australian Human Rights Commission

On 21 November 2011. the Australian Hum an Rights Commission [AHRC] announced

an inquiry into the treatment of people smuggling crew who claim to be minors. The Department, the AFP and CDPP provided a joint submission to the inquiry. Officers from the Department and other Commonwealth agencies appeared before the Commission at hearings in Canberra on 19-20 April 2012.

Other reports

Independent review of the Family Law Pathways Networks

The department commiss ioned Encompass Family and Community Pty Ltd to undertake an independent review of the Family Law Pathways Networks. The networks foster collaborat ion between agencies, at a local level. including family law courts. lawyers, family relations hip services, legal assistance services. and child support. The review confirmed that the Family Law Pathways Networks enable an integrated family law system to operate effectively at the local level, actively contribute to reducing family law matters ending up in court and provide a level of suppo rt and referral for fam ilies at whatever stage they are at within the family law system.

Report of the United Nations Special Rapporteur on Trafficking in Persons, especially women and children

In November 2011. the department coordinated a visit by the United Nations Special Rapporteur on Trafficking in Persons, especially women and children, Dr Joy Ngozi Ezeilo. In her report. tabled at the 20th session of the UN Human Rights Council in June 2012. the Special Rapporteur recognised Australia as a regional leader in combating trafficking and commended our strong working relationship with civil society. The Special Rapporteur made eighty-six recommendations to the Australian Government. the majority of which have been accepted or partially accepted by the Governme nt. The department is currently working with mem bers of the Anti-People Trafficking Interdepartmental Comm ittee to implement a

number of the recommendations.

Strategic review of small and medium agencies in the Attorney-General's portfolio (Skehill Report)

In August 20 11 Mr Stephen Skehill. a former Secretary of the Australian Attorney-General's Department, was engaged by the Department of Finance and D eregulation to lead a strategic review of sma ll and medi um agencies in the Attorney-General's portfolio . The review assessed these agencies w ith reference to the Expenditure Review Principles of appropriateness. effectivene ss, efficiency, integration.

1 197

performance assessment and strategic alignment, and developed options to improve value for money in the discharge of their functions and decision-making. The review also considered the potential for shared services and administration arrangements .

. The Skehill Repo rt was released on 8 June 2012. The report contains forty-six recommendations m ost of w hich are being imp lemen ted by the Attorney-General's Departme nt or require no further action. Key areas in which the Government is implemen ting reforms recommended by the report include:

" improving court administration and collaboration, and identifying efficiencies, through a new consultative committee comprising heads of jurisdiction, heads of admin istration and other relevant officers, including an observer from the Attorney-General's Department

" the courts and the Government working more closely on strategic planning for utilisation of court buildings

" formalising the sha red administration arrangement between the Family Court and Federal M agistrates Court and not proceed ing w ith the fam il y law restructure

" introduction and passage of legislatio n to enable the transfer of the Office of Legislative Drafting and Publishing to the Office of Parliamentary Counsel

" improvements to the effectiveness and efficiency of the native title system through the transfer of native title claims mediation from the National Native Title Tribunal to the Federal Court of Australia and through efficiencies in the corporate services areas resulting from locating the administration of the NNTT within the Federal Court

" establishment of a collaborative process between federal merit tribunals to promote

cooperation and identify opportunities for greater efficiency and effectiveness through shared or cooperative arrangeme nts, and

" engagemen t of a consu ltant for init ial work on a 'corporate services business offeringâ‘ to create efficiencies through the provision of shared services for portfolio agencies.

Some recommendations are not supported by the Australian Government. These include recommendations concerning the creation of an Administrative Review Tribunal combining Commonwealth merit review tribunals and a further review on the future financial position of federal courts.

Department of Finance and Deregulation Gateway Review of National Crisis Coordination Capability Program: Australian Government Crisis Coordination Centre Project

The National Crisis Coordination Capability Program Australian Government Crisis Coordination Centre project is subject to the Department of Finance and Deregulation's Gateway Review Process. The reviews for Gates 1, 2 and 3 were conducted in 2009. The review for Gate 4 was conducted from 22 to 26 August 2011 to assess the project's readiness for service.

198 PART I EX TER N A L SCR UT INY

ATTORNEY-GENERAL'S DEPARTMENT I NNUAL R PORT 2011-12

The Gate 4 review conducted found the overall rating for the project to be 'greenâ‘ , meaning that the project is on target for the effective and timely delivery of outcomes and while there appear to be some findings requiring management attention, these appear readily resolvable. Progress against recommendations made by the independent review panel was reported to and monitored by the Attorney-General's Dep artm ent's N ational Crisis Coord ination Capability Program Board. The final review, Gate 5, will be conducted in July 20 12.

Reports dealing with the operations of the department by the Aus tralian Law Reform Commission

The ALRC's Report Classification - Content Regulation and Convergent Media [the Report) was tabled in Parliament on 1 Ma rch 2012. Th e Repor t assesse d va rious aspects of the National Classification Scheme and made fifty-seven recomme nd ations. The de partment is currently considering the Report's recommendat ions and w ill lead the development of the Go vernmen t response. This will involve consulting the states and territories and also the

Department of Broadband Communications and the Digital Econom y in relation to relevant recommendations arising from the Convergence review.

1 199

goodwill and cooperation " public consultation strengthens our approach to policy development

lan D'Souza. Mark Whitechurch and Siw Wittkopf, ..... auuni:la Security Law and Policy D1vis10n.

ATTORNEY-G E NERAL'S D E PARTMENT I ANNUAL REPORT 2011-12

Chemical Security Team making Australia safer

The Chemicals of Security Concern Program

has pioneered a new approach to policy

development through its chemical secu rity

risk assessments, risk mitigation measures

and consultation with industry and the

general community.

The chemical team's public consultations

have taken them to some of the most remote

parts of Australia on over 300 site visits

to importers, manufacturers. suppliers.

transporters and end users to conduc t risk

assessments of chemicals commonly used

in industry.

'Given that the site visits are voluntary, we

appreciate that industry openly welcomes

us to view their operations. The success of

the Program depends on the goodwi ll and

cooperation of Australian businesses, large

and small, to assist in the risk assessments

and to provide input on potential control

measuresâ‘. said ian D 'Souza.

â‘our consultations were expanded this year when we sought industry and community

comment on draft risk mitigation measures

through a Regulation Impact Statement

IRIS]. The draft measures proposed in the

R IS are the basis for mitigating the potential

misuse of the eleven precursor chemicals to

home-made explosives.

'The risk assessments of ninety-six

chemicals of security concern are being

undertaken progressively and are scheduled

for completion by the end of the 2014-15

financial year. So far assessments for twenty "

five chemicals have been completed while,

at the same time, the department is working

with industry sectors identified as high risk to

raise awareness of the dangers posed by the

chemicalsâ‘. said lan.

The methodology and the security outcomes

of the chemical assessments have generated

considerable external interest, as has the

chemical team's development of awareness

and capability materials for first responders

in Australia.

Following the launch in May this year of an

awareness guide for Australia's police, fire

and ambulance services about home -made

chemical explosives, the department received

dozens of enquiries and requests for the

guide from many European countries as

well as Canada, United States of America. New Zealand and Japan.

201

Financial management

Analysis of financial erformance The departmental operating result for 2011-12 was a deficit of $78.181 million compared to a deficit of $17.772 million for 2010-11.

The deficit is primarily due to the expenditure in 2011-12 of appropriation received in prior

financial years for certain expense measures. the impact of personnel reductions to align staff numbers to future appropriation. and other non-cash expenses including the transfer of assets, unfunded depreciation expense . and accounting for employee provisions. Details of

these transactions appear at N ote 33 of these financial statements.

Administered expenses for 2011-12 totalled $510.241 million compared to $1.495 billion in 2010-11. The 2010-11 expenses included $978.815 million in personal benefits payments to individuals following the floods and severe weather events that occurred early in 2011.

Figure 13.1: Departmental revenues and expenses, 2010-11 and 2011-12

350 000

300 000

250 000

200 000 ................. .

150 000 .................. ..

100 000 ................... .

50 000 .. .. .... .. ..

0 ..

Revenues Expenses

2010-11

2011-12

203

204

Figure 13.2: Administered expenses, 2010-11 and 2011-12

1 500 000 ...................... ................. ............................................................. ........................... ......... .......... .

1 200 000

c: 900 000

....... ................................ â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘ â‘ â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘

.E ill- 600 000

300 000

2010-11 2011-12

Contracts and Australian National Audit Office access clauses During 2011-12, the department had no contracts to report ove r the value of $100,000 that did not provide for the Auditor-General to have access to the contractor's premises.

Exempt contracts

During 2011-12 the department had no contracts to report over the value of $10,000 exe mp ted from being published in AusTender by the Secretary of the department on the basis

that to do so would disclose exempt matters under the Freedom of Information Act 1982.

Consultanc services Th e department engages consultants where it lacks specialist expertise or when independent research, review or assessment is required. Consultants are typically

engage d to investigate or diagnose a defined issue or problem, carry out defined reviews or evaluations, or provide independent advice, information or creative solutions to assist in the department's dec ision making.

Prior to engaging consultants, the depa rtment takes into account the skills and resources required for the task, the skills available internally , an d the cost-eff ectiveness of engaging external expertise. The decision to engage a consultant is made in accordance w ith the FMA Act and related regulations including the Commonwealth Procurement Guidelines [CPGs] and relevant internal policies.

Du ring 2011-12 the department entered into forty-six new consultancy contracts involving total actual expenditure of $3.306 million. In addition, three ongoing consultancy contracts were active during the year involving total actual expend iture of $0 .553 million.

E I FINANCIAL MANAGEMENT

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Annual reports contain information about actual expenditure on contracts for consultancies. Information on the value of contracts and consultancies is available on the AusTender website www.tenders.gov.au

Advertisin and market research During 2011-12 the department conducted two advertising campaigns- the National Security Campaign and the Personal Property Securities Campaign. Further information is available at www.ag.gov.au and in the reports on Australian Government advertising that are prepared by the Department of Finance and Deregulation. Those reports are available at www.finance.gov.au/advertising/index.html

The department is required to disclose expenditure made to specific types of organisations under section 311A of the Commonwealth Electoral Act 1918. These categories of organisations are advertisi ng agencies, market research organisations, polling organisations, direct mail organisations and media advertising organisations.

Details of payments are provided at Appendix 4.

Le al s rvices expenditure

Paragraph 11 .1 [a) of the Legal Services Directions 2005. issued by the Attorney-General under the Judiciary Act 1903. requires Chief Executives of departments and agencies to ensure that legal services expenditure is appropriately recorded and monitored. Chief Exe cutives must also ensure that their agenc ies make publicly available records of their lega l

services expen ditur e for the previous financial year by 30 October in the following financial year. External legal services expenditure for 2011-12 was $10.397 m illion.

A more detailed breakdown of both internal and external legal expenditure is at Appendix 5.

Grants The department manages its grants programs in accordance with the Government's

legislative framework. the Commonwealth Grant Guidelines and the department's grants management guidelines.

In 2011-12, the department pub lished information for twenty-one grants programs:

" Closing the Gap- Northern Territory Law and Order

" Computer Emergency Response Team [CERT) Australia

" Commonwealth Human Rights Education Program

" Countering Violent Extremism to Prevent Terrorism Program

" Community Legal Services Program

" Critical Infrastructure Resilience- Water Services Sector Group

" Disaster Res ili ence Australia Package

" Family Relationships Services Program

205

" Financial Assistance Towards Legal Costs and Related Expenses

" Grants to Australian Organisations

" Idaho National Laboratories Advanced Cyber Security Training Program

" Indigenous Justice Program

" Indigenous Legal Aid and Policy Reform Program

" National Counter-Terrorism Committee Program

" National Pro Bono Resource Centre Grant

" Native Title Anthropologist Grants Program

" Payments for Provision of Legal Aid - Legal Aid Commissions

" Proceeds of Crime Act 2002- Section 298 Payment

" Provision of Family Violence Prevention Legal Services for Indigenous Australians

" Safer Suburbs Program

" Secure Schools Program.

Information on grants awarded by the Attorney-Generalâ‘s Department since 1 July 2010 is available at www.ag.gov.au.

Purchasin The department procures property and services consistent with the requirements of the Commonwealth Procurement Guidelines. The guidelines are app lied to procurement activities through the Chief Executive Instructions and the department's Financial Guidance and Procedure Manual.

A financial management learning and development program includes modules on procurement and contract management as well as on the Chief Executive Instructions, authorisations and delegations.

A central procurement advisory unit within the department provides advice to staff involved in procurement activities . In addition, the unit undertakes quality assurance testing of

procurement activities undertaken across the department.

The procurement advice unit periodically reviews all procurement-related documenlalion and training material to ensure consistency with the Commonwealth Procurement Guidelines and other policies that interact with procurement. The department is currently implementing a procurement module within the department's financial management information system to enhance administrative workflow and compliance. The introduction of this module will require a complete review of internal procurement rules, guidance, forms and templates.

206 PART I FINANCIAL MANAGEMENT

ATTORNEY-GENERAL'S DEPARTMENT I ANN AL REPOR 2011-12

Asset man ement

The department's fixed asset base is composed of a wide range of asset types, including office fit-outs, purchased and internally-developed software, computer equipme nt, infrast ructure and centrally- held librar y mat erials.

The department undertakes an annual stocktake of assets to maintain the accuracy of asset records.

The department also has asset management guidance and procedures as part of the Financial Guidance and Procedure Manual, which has been disseminated to divisions and is

available on the department's intranet.

I 201

positioning the

depa rtment as an

emp loyer of cho ice

Clara Yoo and Karli Farrell , Corporate Division

and Whilemina Prendergast [centre].

Strategy and Delivery Division .

ATTORNEY -GENER A L'S DEPARTMENT I ANNUAl REPORT 2011-12

Graduate recruitment campaign case study

While there is intense competition between

students for the roughly thirty graduate

places on offer with the department

each year, the department also faces the

challenge of recruiting the best candidates,

who may have a number of opportunities

available to them.

With a focus on delivering a quality outcome

with a reduced budget, Clara Yoo of the

People and Corporate Support Branch

worked closely with Whilemina Prendergast

of the Strategic Communication Branch to

develop a new approach to encourage the

best graduates to apply.

'There is a wide range of career pathways

available to potential graduates in our

department', said C lara. â‘our chall enge was

to attract applicants from a wide range of

academic disciplines and to position the

department as an employer of choice. We

needed a targeted approach as we did not

have a substantial budget for advertising.â‘

Informed by in-house research conducted

by previous graduates and the graduate

team, the Strategic Commu nication Branch

developed a communication strategy that

utilised online channels to spread the word

and encourage graduates to ap ply.

We developed a branded govspace site which showcased the diversity of work on offer in

the department and included a You Tube video

where previous graduates spoke about their

experiencesâ‘ . said Whilemina.

We then applied the same branding to

a campaign Fa cebook site and began

attracting "likes" from potential graduates by

uploading content from an approved content

plan. By actively marketing our Facebook

page in forums used by university students,

we drove audiences to the website w here they

could find informa tion about how to apply for

the program.â‘

The on line strategy was backed up with

appearances at graduate career fairs

where branded promotional materials

were distributed, the You Tube video was on

display and Attorney-General's Department

employees were available to talk about the

exciting careers on offer.

The campa ign was extremely successful

w ith the department receiving almost

1.400 applications- the highest number of

applications in the history of the program.

The successful applicants will join the

department in 2013.

I 209

Human resource management

Overview In 2011 -12 the People and Corporate Support Branch introduced several new people management strategies. including:

" Introduction of a strategic recruitment model for the filling of vacancies across the department in a targeted and timely manner. Strategic recruitment uses comprehensive assessment ce ntres to assess large numbers of candidates that result in an increased field of quality candidates. The mer it pools gene rated by each strategic recruitment round were used throughout the departmen t an d reduced the number of individual positions

being advertised each week. Strategic recruitment rounds also attracted a larger field of applicants and were completed in fewer days than individual processes.

" A new departmental Enterprise Agreement 2011 was negotiated and implemented.

" There was significant revision to policies relating to the new work health and safety laws

" The drafting of a Learning and Development Plan [to be launched in July 2012] providing

a framework for a learning and development culture that will result in improved

performance. individual growth and organisational benefit.

" Design and implementation of a new marketing campaign including the use of social media to promote the recruitment for the 20 13 Graduate Program resulted in the highest number of applications ever received for the program in the department.

211

Staff profile

Figure 14.1: Departmental staff numbe rs from 2007 to 2012, at 30 June 2012

2 000

1 500 ......... â‘â‘â‘â‘â‘â‘â‘â‘ .............. .

1 000

500

2007 2008 2009 2010 2011 2012

Table 14.1: Staffing trends, 2006-07 to 2011-12

Total staff 1329 1544 1547 1554 1522 1503

Ongoing 1135 1353 1387 1395 1394 1420

Non ongoing 160 148 123 118 128 83

I rreg u la r/i n term itte nt/ casual 34 43 37 41 31 29

Average age 36 38 38 38 38 38

Average length of service lyearsl 3.7 3.7 4.1 4.2 4.4 4.9

Proportion female l%1 58.4 64 63.5 62.3 61.4 62.8

Proportion male l%1 41.6 36 36.5 37.7 38.6 37.2

Proportion part-time l%1 6.3 7.7 7.6 8.3 10.5 10.1

SES 80 78 94 78 75 78

EL 1 and 2 equivalent 514 608 625 651 700 654

APS 1-6 equivalent 701 858 826 784 773 771

Total excluding casuals 1295 1501 1510 1513 1522 1503

Workforce lannin During the year, the department continued to build its workforce planning capability , and focused on obtaining a broader and more accurate view of trends in its workforce, current and future capab ility gaps and critical roles, and positioning itself for future workforce needs.

In add ition to this, the department undertook other key wo rkforce planning activit ies including:

" incorporating targeted resourcing discussions with Senior Managers into its annua l Bus ine ss Planning Process

212 PART H HR 1 I HUMAN RESOU RCE MANA GE MENT

ATTORN E Y-GENERA L'S DE PAR T MENT I ANNUAL REPORT 2011 12

" final ising a new Learning and De ve lopment Plan placing a greater focus on employees' target areas for development linked to the capabilities required to meet expectations and responsibilitie s in their roles.

Recru itmen t

The department continued to develop its employment programs. including the Graduate Program , Summer Intern Program and Indigenous Traineeship and Cadetships. The department also committed to participate in Disability Emp loyment Programs and will continue to develop its recruitment capability in relation to targeted diversity groups.

This year the department used social media and online advertising as marketing tools for the 2013 Graduate Program, launching a Facebook page and uploading a graduate-specific video to the department's YouTube channel. Advertising was targeted at popular online forums rather than the more tradit iona l med ia used in previous years. Th is revised marketing strategy resulted in the highest number of app lications received for the program as we ll as the ability to showcase to a broader audience the range of employment programs available.

Staffing retention and turnove r

In 2011-12, the department experienced an employee-initiated turnover rate of 14.4 per cent. This includes resignations from the Australian Public Service, movements to other agencies, retirements and voluntary early cessations of non-ongoing contracts

The department's separation rate for ongoing employees in 2011-12 was 11.4 per cent. This includes all separations for ongoing staff- including terminations, redundanc ies, resignations and retirements-but does not include movement of ongoing staff to other agencies. Approximately 44 per cent of the departm en t's separations for ongo ing staff in 2011-12 resulted from staff moving to other agencies.

Workforce agreements

Ente rprise agree m en ts

The Attorney-General's Department Enterprise Agreement 2011 ca me into operation on 28 September 2011 and nominally expires on 30 June 20 14. Terms and conditions of

employment for all non-SES employees are covered by the agreement. The agreement contains individual flexibility arrangements and other clauses to enab le remuneration and co nditions to be tailored for individual emplo yees in particular circumstan ces. At 30 June 2012,

1 ,532 emplo yees were covered by this agreement.

Key features of the agreement include:

" a 4 per cent base salary increase and further increases of 3 per cent from 1 July 2012 and 2 per cent from 1 July 2013

" productivity payment of $1,000 subject to achieving redistribut ion of depa rtmental resou rces through the Efficiency Program

" increase to the Health and Wellbeing Allowance from $150 to $300 per annum

" availability of higher duties allowance for employees within APS Level 1-2 or APS Level 5-6 broadbanded positions

213

" remova l of the first pay point in the EL 2/PLO salary structure

" a guaranteed 15.4 per cent em ployer superannuation contribution

" flexible working arrangements for pa rents.

Section 2411) determinations

Term s and co nditions for all current SES em ployees are covered by individu al determinations ma de under section 24[1] of the Public Service Act 1999. Remuneration for an SES emp loyee, as set out in the section 24[1] determinations, includes base salary, an Executive Veh icle Scheme vehicle or cash-in-lieu, a ca r pa rk and superannuation.

Non-salary benefits provided to employees

Th e depa rtme nt, throug h its industrial agreem ents w ith employees , permits em ployees to flexibly packag e their rem une ration to combi ne both mone tary and non -monetary bene fits. The key non-salary benefits for which an emp loyee can choose to sacrifice salary include

a moto r vehicle acquired through novated lease arrangements and ad ditional em ployer superannu ation co ntributions. This financial yea r the ability to salary package interest-only investment loans has been introd uced.

Salary rates Table 14.2: Salary ranges under the department's Enterprise Agreement 2011 and SES Remuneration Policy at 30 June 2012

SES Band 3 245,000 -300,000

SES Band 2 n/a 200,000-240,000

SES Band 1 160,000 - 190,000

Executive Level 2 110,202-125,518

Principal Legal Officer 110,202-125,518

Executive Level 1 90,572 - 110,202

Senior Legal Officer 90,572- 110,202

APS Level 5-6 65,730 - 83,382

APS Level4 58,928-63,983

Legal Officer 52,875-83,382 n/a

APS Level3 52,875- 57,065

Graduate APS 52, 484 - 53,793

AGO Graduate Broadband 52,875 -83,382

APS Level 1-2 41 ,840 -52,508

Cadet APS I practical training) 41 ,020 - 45,333

Cadet APS !full -time study) 22,379 - 22,379

Note: EA = En terprise Agreem ent: RP = Re muneration Policy; n/a = not applicable.

214 PART 0 APTER 1 I HUMAN RESOURCE MANAGEMENT

AT T 0 R N E Y- G E N E R A L ' S D E P A R T M E N T j A tl N A L R E P R T 0 l I I 2

Performance pay Performance pay is not available to non-SES emp loyees under the department's Enterprise Agreement 2011 nor to SES employees under the section 24(1) determinations.

No performance pay was paid in 2011-12.

Learnin and development The department rema ins committed to knowledge and learning and to producing we ll-supported and productive staff. An internal schedule of training courses continues to be offered, w ith over fifty courses offered to staff to develop capabilities aligned to the Australian Public Service Comm ission's Integrated Leadership System (ILS). The majority of courses are presented in the department's contemporary learning facilities. Courses are presented by internal instructors (subject matter experts) and a panel of external providers that provide the latest techniques in training and that have been fully briefed on the department's expected deliverables. The course offerings are continually monitored and the feedback evaluated to ensure training is relevant and meets the department's needs .

During the second half of 2011-12, the department produced a Learning & Development (L&D ) Plan which provides a framework for a learning and deve lopmen t culture that will result in improved performance, individual growth and organisational benefit. The L&D Plan identifies the department's unique learning and development environment offered to individuals:

" interest ing and challenging national interest work across policy, program and corporate functions, providing potential for a va riety of roles and breadth as well as dep th of capabilities, knowledge, skills and ex periences

" a mix of decen tralised learning and deve lopment opportunities in professional and technical areas managed by divisions and centralised learning and development opportunities in general and depa rtment-specific areas managed by the corporate centre

" opportunities to learn in the workplace from recognised subject matter experts, effective leaders and experienced mentors

" a culture that supports and encourages both formal and on-the-job, relationship-based

continual learning and development.

A refreshed Mentoring Program was re-launched to the department to promote the benefits of being part of a mentoring relationship and to help employees get the most from the program. A number of tools were created, including an online database of potential men tors to assist employees in establishing a mentoring relationship.

In 201 1-12 the department's Leadership Program continued to strengthen. TheSES Leadersh ip Forums provided SES staff with an opportunity to network while undertaking strategic planning using a whole-of-department approach. The department also continued to use Australian Public Service Commiss ion (APSC) leadership programs in deve loping its SES. The Executive Level 2 Deve lopment Program has to date provided over ha lf of the department's Executive Level2 and P~inc i pal Legal Officers with an opportunity to have an independent assessment of their strengths and development needs. This program provides participants with feedback on their current capabilities and helps to identify future learning and development needs .

215

216

Through a study assistance program. the department provides financial assistance and leave to staff for ongoing external professional development that may lead to a formal qualification. The department also participates in the Sir Roland Wilson Foundation Scholarship. This scholarship is governed by the APSC and supports high-performing executive level staff

to undertake PhD studies at the Australian National Un iversity. Employee Suzanne Akila is

currently a participant on this program.

Staff reco nition The reward and recognition arrangements acknowledge and celebrate outstanding contributions by employees to the Attorney-General's strategic goals. and commitment to departmental values and behaviours. The department has a formal non -salary reward and recognition program, with award ceremonies to staff including Secretary's Award. Deputy Secretariesâ‘ Awards [three). Academic Achievement Award. and the Australia Day Awards.

The annual Secretary's Award recognises individuals and teams that have demon strated exce ll ence in achieving outcomes beyond general expectations. Deputy Secretaries and managers present other awards for excellence. Rec ipients may have:

" demonstrated a high level of dedication and loyalty over and above that which is required to achieve the business goals of the department

" made an outstanding contribution that had a positive and important impact on corporate objectives or reputation

" worked collaboratively across divisional boundaries

" demonstrated innovation and creativity in developing intellectual property.

The Academic Achievement Award recognises an departmental student who excels in both academic achievement and work performance. Th e Australia Day Achievement Award acknowledges Australians who have demonstrated outstanding personal achievement throughout the year. Divisional recognition awards are also encouraged.

A full list of 2011-12 award recipients is in Appendix 7.

Work-life balance The Attorney-General's Department Enterprise Agreement 2011 provides flexible working arrangement s to help emp loyees balance their work and other responsibil ities. Th e department's employment conditions policies include the following flexible working arrangements for staff:

" part-time work [including guaranteed access to part-time work for three years following the birth or adoption of a child]

" job sharing

" home -based work

" flextime and other flexible working hours arrangements

I HUMAN RESOURCE MANAGEMENT

ATTORNEY-GENERAL'S DEPARTM~NT I ANNUAL REPORT 2011 12

" flexible leave arrangem ents, including fourteen weeks paid maternity, adoption and foster-care leave, two weeks paid parental leave [for non-primary carers of a newborn or adopted child)

" the option of purchasing additional leave or taking leave at half pay.

Additional policies and initi atives that support flexible working arrangements include:

" a health and well-being program, including an allowance for all employees

" availability of a carer's room

" study assistance.

Staff survey Th e department seeks to improve employee engagement with the culture and leadership of the organisation and a number of initiatives were implem ented:

" The Secretary commenced holding regular sessions which are an opportunity for the Secretary to engage with staff.

" Employees can post questions, feedback or suggestions to the Secretary via the department's intranet.

" The EL2 Development Program was implemented. It focuses on enabling managers to identify the development needs of their staff.

" The Strategic and Divisional Business Plans were developed with participation from staff.

Work lace diversity The department continues to develop and implement strategies to strengthen workplace diversity. This year the department appo inted a Reconciliation Champion to raise awareness of the important issue of reconciliation. The department also appointed a Disability Champion to encourage and support employees within the department to develop and implement inclusive workplace practices for people with disability .

This year the department continued to focus on Aboriginal and Torres Strait Islander employees and the employment of people with disabil ity. The department suppo rted the work undertaken by the Women's Network and participated in even ts such as H arm ony Day, NAIDOC Week, Reconciliation Week and National Families Week.

National Disability Strate The department is committed to providing opportunities for people with disability. The department has commenced a Disability Action Plan with a view to develop an employment strategy for people with disability or staff who are carers of people with disability.

217

218

Work health and safety The department is committed to providing and maintaining a safe and healthy work environment for all workers [employees, contractors and others] and visitors, and to meeting its obligations under new work health and safety [WHS ]laws and the Safety, Rehabilitation and Compensation Act 7 988.

On 1 January 2012, the Work Health and Safety (Transitional and Consequential Provisions}

Act 207 7 repealed the Occupational Health and Safety Act 7 997 [the OHS Act!. and the following new WHS laws came into operation within the Commonwealth jurisdiction :

" the Work Health and Safety Act 207 7 [the WHS Act]

" the Work Health and Safety Regulations 207 7

" the Work Health and Safety Codes of Practices 207 7.

Health and safety committee

The department rema ins committed to the continuation of the Health and Safety Committee originally established under the OHS Act. With the commencement of the new WHS laws, the Committee's governance arrangements were reviewed. All Health and Safety Representatives [HSRs] continue to serve as members of the Committee, with the Committee chaired by the Assistant Secretary, People and Corporate Support Branch, and supported by WHS and case

management specialists.

The Committee met three times during the year, with discussion primarily focused on the new WHS laws and review of the department's WHS Management Framework . Minutes of meeting were published on the department's intranet.

As a result of staff movements and relocations, seve n new HSRs were appointed during 2011-12. Each HSR received accredited training to undertake their new role.

WHS management framework

The department's WHS Management Framework compr ises a suite of policies, procedures and guidelines. In 2011-12, the department developed or revised the following four

co mponents of the WHS Management Framework:

" WHS Policy

" governa nce arrangeme nts for the H ealth and Safety Comm ittee , work groups, and HSRs

" Guide lines for Reso luti on of WHS Issues

" Overseas Travel and Deployment WHS Guidelines.

Major initiatives for 2011-12

Preparations for the commenceme nt of the new WHS laws involved a significant

commu nication and consultation process within the department, and across the Attorney-General's Portfolio and the APS :

" The department was represented an d actively participated on the H armon isation Steering Comm ittee convened by the APSC wh ich facilitated the sharing of best practice WH S solutions across the APS.

I HUMAN RESOURCE MANAGEMENT

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

" A Harmonisation Project Plan and a communication and implementation timetable were developed to assist with managing transition to. the new WHS laws.

" Harmonisation impacts and gap analysis were conducted, identifying the need to:

- develop overseas travel and deployment WHS guidelines

- review WHS induction and training processes

- examine contractor WHS arrangements

- review the department's WHS Management Framework.

" WHS briefings and workshops were provided to:

- workers

- the Health and Safety Committee

- human resource managers from agencies across the Attorney-General's Portfolio

division SES Leadership Teams

- the Audit and Risk Management Committee

- the Senior Management Committee

- the Executive Board.

" The department convened a forum for interested APS agencies on overseas travel and deployment to assist w ith identification and documentation of best practice risk management solutions, culminating in provision of overseas travel and deployment workshops for departmental employees, and implementation of new overseas travel governance arrangements .

" A new WHS Induction Program was developed and implemented, ensuring all new employees were informed on:

- the new WHS laws

- key WHS obligations and responsibilities

- the department's WHS Management Frame work

- the Employee Assistance Program

- the department's Health and Wellbeing Program

- Incident and Accident Reporting

- workstation assessment processes.

" The department's WHS intranet pages were updated.

" A WHS Checklist for briefing contractors, visitors and new employees upon their entry to departmental controlled workplaces was developed.

" A desktop survey of higher-risk operations within the department and across the Attorney-General's Portfolio was conducted, with survey results reported to the department's Executive and the Secretaries Board.

A WHS Improvement Plan was also developed to assist with mapping strategic and operational WHS priorities that will enhance the department's WHS Management Framework in the com ing financial years.

I 219

Reporting of incidents and enforcement measures under the OHS Act and the WHS Act

Reporting of WHS incidents and enforceme nt measures for the period 1 July to 31 December â‘ 201 1 is made under the repea led O H S Act, and for the period 1 January to 30 June 2012 is

made unde r the WHS Act.

Table 14.3: Reporting of incidents and enforcem ent measures under the OHS Act (l July 2011 to 31 December 2011)

Section 68 Occurrences - Notification and Reporting of Accidents and Dangerous Occurrences

Section 29 Notices-Provisional Improvement Notices

Section 30 Notices-Duties of Employers in relation to Health and Safety Representatives

Section 41 Investigations -Investigations addressing Compliance and Possible Breaches

Section 45 Directions-Power to direct that workplace, etc not be disturbed

Section 46 Notices - Power to Issue Prohibition Notices

Section 47 Notices-Power to issue Improvement Notices

Four accidents and dangerous occurrences were reported under section 68 of the OHS Act

No notices were issued under section 29 of the OHS Act

No notices were issued under section 30 of the OHS Act

No investigatio ns were conducted under section 41 of the OHS Act

No directions were given to the department under section 45 of the OHS Act

No notices were issued under section 46 of the OHS Act

No notices were issued under section 4 7 of the OHS Act

Table 14.4: Reporting of incidents and enforcement measures under the WHS A ct (l January 2012 to 30 June 2012)

Section 38-Notifiable Incidents

Part 10-Enforcement Measures (Improvement Notices, Prohibition Notices, Non-disturbance Notices, Remedial Action and Injunctions)

Part 11 -Enforceable Undertakings

Two accidents and dangerous occurrences were reported under section 38 of the WHS Act

No investigations were conducted by the Regulator or enforcement actions taken under Part 10 of the WHS Act

No Enforceable Undertakings under Part 11 of the WHS Act applied to the department"s operations

Table 14.5: Incidents reported to Comcare during 2011-12

Death of a person 0

Serious Injury or illne ss 5

Prescribed incapacity [30 or more working or shifts] 0

Dangerous occurrence/incident

Other initiatives and activities undertaken in 2011-12

The department continued to co nduct regular workplace inspections during 2011-12. Inspections were facilitated by HS Rs and assist w ith identifying hazards an d potential risks in the wo rkplace, and opportunities to improve safe work practices.

220 PART I HUMAN RESOU R CE MANAGEMENT

ATTO R NE Y- GENERAL'S DEP AR TME N T I ANNUAL REPORT 2011 12

Accredited training, utilising external providers, was provided to designated first aid officers and fire wardens.

The department continues to train and utilise HSRs to conduct basic ergonomic

workstation assessmen ts, supported by external providers who are engaged to conduct more comp lex workstation and workp lace assessments . During the financial year

approximately 200 workstation assessments were conducted, with half of all assessments conducted in-house by H SRs.

The department again provided an influenza vaccination program for employees, with 564 employees electing to receive vaccinations during April and May 2012.

The department maintains an Employee Assistance Program for all employees. The program provides free, confidential and professional counselling services to help resolve work and other issues that may affect an emp loyee's work performance.

Workers' compensation performance

As a result of improved injury prevention and management strategies implemented since 2004-05, the department's workers compensation premium for 2011 -12 was 0.18 per cent of payroll costs, a reduction from 0.23 per cent of payroll costs for 2010-11. This performance compares highly favourably with the department's starting point of 1.79 per cent of payroll costs in 2004-05 and the average premium rate for all Australian Government agencies in 2011-12 of 1.41 per cent of payroll costs.

Table 14.6: Premium rate comparison, 2008 -09 to 2011-12

Attorney-General's Department 0.45 0.36 0.23 0.18

All agencies !average) 1.36 1.25 1.20 1.41

Table 14.7: Mechanism of injury for accepted claims, 2008-09 to 2011-12

Falls, trips and slips 4

Hitting objects with body

Being hit by moving objects

Sound and pressure

Body stressing 5

Heat, electricity and other environmental factors

Chemical and other substances

Biologica! factors

Mental stress 2

Other and unspecified

Total 3 4 4 12

I 221

222

flexible technology solutions and room for future expansion

Mark Hayes, Information Division.

ATTORNEY-GENERAL'S DEPARTMENT I NNUA REP RT 0 - L

State of the art technology support for the National Crisis Coordination Capability Program

The National Crisis Coordination Capability

Program [NCCCP] was established in

2008 after the government received

recommendations to centralise informati on

and coordination to improve the way the

Prime Minister and Cabinet are briefed

during a crisis. The NCCCP consists of three

separate but interconnected functional

environments-a Parliament House Briefing Room [PHBRl. an all-hazards Australian

Government Crisis Coordination Centre [CCC]

and a redundant [backup] site in the ACT.

The Attorney-General's Department's

Information Division was integral in

finalising a project to bring together the

information and commu nication technology

[ICT] infrastructure and systems necessary

to ensure continuous and consistent ICT

service to the CCC. The project integrated

systems from the department with those of

the Australian Federal Police, Department

of Foreign Affairs and Trade, Department

of Defence and Department of Finance and

Deregulation. Th is allows for the sharing

of information through secure network

infrastructure and innovative audiovisual

presentation solutions.

The project allows for future expans ion,

facilitating the connection of any participating

government agency to the CCC.

During the project the department project

leader, Mark Hayes, and his small team

developed a range of flexible technology

solutions to support the functions of the

PHBR , the CCC and the redundant site. In

particular, the audiovisual solution delivered

to the CCC ca n bring together information

from a number of agency systems operating

on different security platforms and present

this information in Parliament House.

The team developed innovative information

technology solutions which met the stringent

security standards of the Australian

Government. These solutions represent

an innovative use of technology wh ich

had not been achieved before within the

government sphere. The results of the

project could be deployed across other

government agenc ies, supporting greater

interconnectedness of government.

Mark states the project was 'an exciting

opportunity to develop innovative solutions

and build capability across government' and

he is 'proud of the way the team bought the

project to fruitionâ‘ .

223

Social equity

Social â‘ustice In pursuing its mission of achieving a JU St and secure society, the department is working on a

social justice age nda. This agenda is founded on the principles of access and equity and the rights of all citizens to live in a just and secure society .

It accords w ith the Charter of public service in a culturally diverse society.

A key responsibility of the departm ent is developing and maintaining a federal system of justice that serves individuals, families, business and the comm unity. The department is undertaking initiatives to progress particular social justice objectives, which are documented in the performance reports section of this report. The programs and activit ies the department

undertakes supp ort the objective of promoting social justice.

Social inclusion a enda Th e whole-of-government socialmclusion agenda aims to give every Australian the help

they need to access the support and opportunities our society has to offer. The department is responsible for advanc ing this agenda from a law and justice perspective. Law and justice issues can be both a cause and symptom of social exclusion and disadvantage. The work of areas in the department, and portfol io agencies, is aimed at minimising harmful contact with the legal system and maximising its potential to protect people and impact positively on their lives.

Legal assistance is an essential co ntribution to addressing disadvantage, by improving access to justice and increasing social inclusion. Legal assistance provides vulnerable Australians

with the means to address issues early an d avoid escalation. It also assists in addressing entrenched disadvantage, escaping domestic violence and other serious issues.

Th e department provides legal assistance through funding legal aid comm issions, co m mun ity legal centres, Aboriginal and Torres Strait Islander legal services an d Indigenous family violence prevention legal services, and legal financial assistance schemes.

225

The National Partnership Agreement on Legal Assistance Services includes a focus on the appropriate targeting of legal assistance to people who are, or are at risk of, being socially excluded. The agreement is currently under review to assess the quality, efficiency and cost . effectiveness of Com m onwealth-funded legal assistance programs.

Key initiatives aimed at further protecting and promoting human rights that the department progressed during the year included implementing the Human Rights (Parliamentary Scrutiny} Act 2011 , which is designed to encourage early and ongoing consideration of Australia's human rights obligations in policy and legislative development.

The department and the Australian Human Rights Commission are working on a number of initiatives under Australia's Hu m an Rights Framework aimed at further protecting and

promoting human rights. The National Action Plan for Human Rights will also be a key mechanism for improving both the protection and promotion of human rights.

U nder Australia's H uman Rights Framework , small grants are provided to a wide range of community organisations to deliver practical, grassroots human rights education projects for the commun ity and vulnerable groups. The 2011-12 round of grants awarded approximately $460 ,000 to fifteen non -gove rnment organisations to deliver innovative human rights education programs across Australia.

The department has been an active participant in the National Anti-Racism Partnership, which has been developing a National Anti-Racism Strategy for implementation over the coming three years. The Partnership is led by the Race Discrimination Comm issioner and the Australian Human Rights Commission. The aim of the Strategy is to promote a clear

understanding in the Australian community of what racism is, and how it can be prevented and reduced. The National Anti-Racism Partnership and Strategy is an init iative of Australia's Multicultural Policy, The People of Australia.

Access to â‘ ustice Access to justice is fundamental to the recognition of the rights of every Australian and is key to promoting social inclusion. The Government's Strategic Framework for Access to Justice in the Federal Civil Justice System seeks to ensure all Australians have equal access to justice.

Key access to justice initiatives that the department progressed during the year included:

" developing the Access to Justice [Federal Jurisdict ion ] Bill2011 introduced into Parliament on 23 November 2011. The Bill implements model national provisions concerning suppression orders and vexatious proceedings, enhances Federal Court powers concerning discovery, enhances Admi nistrative Appeals Tribunal flexibil ity in dealing with fees and aligns jurisdict ional limits for WA family law and federal magistrates. These measures will increase the flexibility of courts and tribunals to deliver access to justice

" developing the Trans-Tasman Procee dings Regulation 20 12. Once associated changes have been made to court rules in all states and territories, the agreemen t between the Government of Australia and the Government of New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement can enter into force, and there will be

streamlined procedures for legal proceed ings and enforcement of orders and regulatory fines between the two countries

226 PART I SOCIAL EQUIT Y

ATTORN E Y -GENERAL 'S DEPARTMENT I ANN _UAL REPORT 2011 12

" assisting the National Alternative Dispute Resolution Adv isory Council to develop a joint publication . Your Guide to Dispute Resolution . which contains readily accessible, useful information about alternative dispute resolution and gives practical tips on using ADR

" implement ing the National Partnership Agreement on Legal Assistance Services to help disadva ntaged Australians resolve lega l problems and disputes before they escalate and lead to entrenched disadvan tage

" enhancing legal assistance forums in each state and territo ry to con sider opportunities for better coordination and targeting of legal assistance services

" commencin g the review of the National Partnership Agreement on Legal Ass istance Services to help ensure that Commonwealth- funded legal services are delivering the most cost-effective legal assistance services to those most in need

" refocusing the provision of legal financial assistance on disbursement assistance, with legal representation costs only provided in exceptional circumstances, to enhance support for pro bono work

" four grants total ling $400,000 which were awarded under the National Broadband Network Regional Legal Assistance Program, part of the Government"s $4 million investment to improve access to legal assistance services for people living in regional Australia.

Legal assistance oro rams The department administers four legal assistance programs to provide access to legal services for disadva ntaged Australians. Assistance may be provided for legal information, adv ice, advocacy , dispute resolution, duty lawyer services in the courts, legal representati on, community legal education and referral services. These legal assistance programs are:

" The Lega l Aid Program funds legal aid commissions in each state and territory to provide legal assistance services to the most disadvantaged. The commissions provide comprehensive legal assistance services to help resolve problems and disputes on matters arising under Commonwealth laws and in the area of early intervention and prevention.

" The Community Legal Services Program su pports and funds community legal services as part of the Commonw ealth's contribution to the ma intenance of effective systems of access to justice and legal assistance. The Program provides funding for generalist as well as specialist commu nity legal services-138 in total. Specialist sub-programs include services for women (including Indigenous and rural) and youth as well as child support, disability discrimination matters, we lfare rights, and environmental issues. Services provided by community legal centres may include information and referral, legal ad vice and ongoing legal assistance.

" The Indigenou s Legal Assistance and Policy Reform Program supports and funds Aboriginal and Torres Strait Islander lega l services to provide high quality . culturally sensitiv e legal assistance services. including duty lawyer. advice. case work and representation in criminal. civil and fam ily law matters.

" The Family Violence Prevention Legal Services Program supports and funds culturally sensitive family violence prevention legal services for Ind igenous Australians in rural and remote Australia who are victim survivors of family violence or sexual assault.

227

228

The department also administers financial assistance schemes , under which it provides funds to individuals and organisations for legal costs and related expenses where legal aid is not available. Funds are available for legal matters under a wide range of statutory and

. non-statutory schemes.

Family law The department is making progress in implementing a family law system which will contribute to a safer society. The Family Law Amendment (Family Violence & Other Measures} Act 207 7 was passed by Parliament on 24 November 2011. These family violence amendments

to the Family Law Act 7975 commenced on 7 June 2011. The amendments include changing the definitions of 'family violenceâ‘ and 'abuseâ‘ to better capture harmful behav iour, changes to prioritise the safety of children , remove disincentives to disclosing family violence, strengthen adviser ob ligati ons , and make it easier for state and territory chil d welfare authorities to participate in family law proceedings where children are at risk. An education campaign on the amendments commenced in April2012.

The department has commissioned Macquarie University to develop 'LawTermFinder', an online glossary of common terms used in the family law system, which will help provide clearer definitions of family law related terminology. LawTermFinder draws on Macquarie University's expertise in developing online glossaries or term banks in other subject areas, and utilises legal expertise from the Australian National University's Law School.

The department has commenced accepting applications under the Agreement between Australia and the Republic of Lebanon regarding Cooperation on Protecting the Welfare of Children. The Agreement establishes formal procedures to assist parents of either country whose children have been abducted by a parent to either Lebanon or Australia, or where difficulties with contact between a parent and child have arisen. The Agreement is in Australia's interests because Lebanon is not a party to the 1980 Ha gue Convention on the Civil Aspects of International Child Abduction.

Ri hts for people with disabili

The department has continued work to enhance the rights of people with disability through projects that will have a significant impact on their rights to access essential community services and infrastructure. These projects include:

" identifying and progressing initiatives that will be included in Australia's National Human Rights Action plan, including:

- a commitment to work with the states and territories to clarify and improve laws and practices governing the sterilisation of women and girls with disability, and

- participating in a National Justice CEOs working group on Mental Illness and Cognitive Disability. The group is exam ining mechanisms employed within the criminal justice system to address the needs of people with a mental illness and/or cognitive disability and investigate the role that the justite system can play in supporting diversion outcomes for these groups. This project will have a strong focus on the needs of Aboriginal, Torres Strait Islander and Maori peop le.

CHAPTER 1 ~ I SOCIAL EQUI TY

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAl REPORT 2011-12

" working in partnership with other departments to progress initiatives that aim to improve human rights of persons w ith disabilities, including the National Disability Strategy, the review of the Disabil ity Standards for Education 2005 and the review of the

Disability Standards for Accessible Public Transport 2002 and the National Disability Insurance Scheme

" working on a project unde r the auspices of the National Forum on Emergency Warnings to the Community to develop guidelines that address the communication needs of people with disability during emergencies. The guidelines will be finalised and published in September 2012 following completion of a two-stage consultation process with a key stakeholder group consisting of representatives from disability advocacy organisations. The gu idelines w ill support the National Disaster Resilience Strategy and National Disability Strategy principles whilst building partnerships between the emergency managemen t community and people with disabilities.

Indigenous-specific programs and services

Indigenous Legal Assistance and Policy Reform Program

The Indigenous Legal Assistance and Policy Reform Program funds Aboriginal and Torres Strait Islander legal services to provide high quality, culturally sensitive legal assistance services, including duty lawyers. advice, case work and representation in criminal, civil and family law matters. The majority [88 per cent] of service outlets are located in regional, rural

and remote locations. Outreach service models are employed to ensure legal assistance services are available at court circuits and bush courts.

Funding is also provided to the Aboriginal and Torres Strait Islander lega l services to

undertake law reform and advocacy activities that identify and aim to lessen the adverse or

disproportionate impact of laws, policies and practices that have the effect of discriminating against Indigenous Australians. The Aboriginal and Torres Strait Islander legal services also deliver a range of community legal education activit ies such as information sessions. advice brochures and outreach visits to remote commun ities, to advance and protect the rights of Indigenous people under Australian law.

The Indigenous Law Centre at the University of New South Wales is funded to produce the

Indigenous Law Bulletin and the Australian Indigenous Law Review. These pub lications are designed to advance the legal rights of Indigenous Australians through public policy and law reform and commun ity education.

Funding is available for Indigenous test cases that meet relevant eligibility criteria. The aim

of test case funding is to benefit Indigenous Australians through the review and resolution of ambiguities in law that may be discriminatory and that have not previously been tested

before a court.

The Australian Government also funds relevant national projects and conferences relating to Indigenous justice. The National Aboriginal and Torres Strait Islander Legal Services Forum is funded to conduct quarterly na tional meetings an d undertake advocacy and law reform work.

I 229

230

Indigenous Justice Program

The department provides funding through the Indigenous Justice Program to help respond to the disproportionately high rates of Indigenous offending and incarceration. Fun ding is provided across four key areas: prisoner through care, youth prevention and diversion, restorative justice, and community patrols. In 2011-12, the department funded forty-five projects. including twelve Petrol Sniffing Strategy projects.

Prisoner Throug h Care projects provide rehabilitat ion services to incarcerated Indigenous youth and ad ults and positive pathways on release to supp ort successful reintegration in the com munity. Youth prevention and diversion projects seek to reduce the number of at risk Indigenous youth com ing into adverse contact with the criminal justice system . Restorative justice projects funded under the Program provide cross-cultural mediation and conferencing to prevent escalation of disputes and foster healthy dispute resolution behaviour in local

com mu nities. This helps to reduce adverse contact with the criminal justice system . Community patrols assist vulnerable Indigenous Australians, including intoxicated people and the homeless.

Petrol Sniffing Strategy

Th e department continued its involvement in the Australian Government's Petrol Sniffing Strategy to address the negative effects of substance misuse and petrol sniffi ng in Indigenous communities. This cross-agency approach includes demand reduction activities in the areas of education, justice and community support, and supply reduction activities such as the rollout of low aromatic fuel. Th e department's role is to fund activities for youth under the Indigenous Justice Program. Projects are in designated regions of Central A ustralia [Western Aus tralia, South Australia and the N orthern Territory], the East Kimberley in Western Australia, and Morn ington Island and Doomadgee in Queensla nd. The department funded 12 projects in 2011-12.

Community night patrol services in the Northern Territory

The department funds commun ity night patrol services across eighty communities in the No rthern Territory. The services focus on increasing both personal and community safety

and reducing the num ber of people being processed through the criminal justice system. The services assist people who are at risk of either causing or becoming the victims of harm in order to break the cycle of violence and crime in commun ities. The approach is to minimise harm by providing non-coercive intervention strategies to prevent antisocial and destructive behaviour.

Northern Territory Aboriginal Interpreter Service

In 2011-12, the Northern Territory Aboriginal Interpreter Service received total funding of $1.9 million. including $1.3 m illion under the ongoing appropriation and $0.6 million unde r the Closing the Gap in the Northern Territory initiative. Closing the Gap funding supports the service to meet the increased demand associated w ith the Northern Territory Emergency

Response and , in particular, matters relating to law and justice measur es. It also contributes to training and professional deve lopment for Aboriginal Language interpreters.

T I SOCIAL EQUITY

ATTOR NE Y -GE NERA L'S DE PAR TME NT I ANNUAL REPORT 20 1 12

Native title

The Commonwealth's vision for native title is for faster, better outcomes with a focus on economic development for Indigenous communities. It is recognised that native title agreements are a va luable op portunity to establish and continue productive relationships between Indigenous peop le, government and industry. The native title system can make a significant contribution, whether through a determination of native title or through benefits paid under a native title agreement, in ensuring sustainable intergenerat ional benefits for Indigenous communities. The department is supportive of the Indigenous Economic De ve lopment Strategy as a positive contribution by government to improve economic and

social outcomes .for Indigenous Australians. Resolution of native title issues enhances spiritual well-being and cultural identity, provides recognition of people's ongoing connection to land and facilitates reconciliation with the wider community.

ther social iustice issues The department has been working on a data standardisation project across all four Commonwealth -funded legal assistance programs. It has been working closely with representatives from all four programs. The work of the data standardisation group is integral to the evaluation framework being developed under the review of the legal assistance programs and will help build an evidence base in the sector.

In support of the National Partnership Agreement on Homelessness, the department funds a range of legal assistanc e services. which target the precursors of homelessness and

provide early intervention and prevention support for problems that trigger homelessn ess, including domest ic and family violence, menta l illness. tenancy, cred it and debt problems, and family breakdown.

The Community Legal Services Program funding includes $2.24 million over four years specifically to enhance access to legal assistance for people at risk of. or experiencing, homelessness.

Social and community services sector wage increases

On 22 June 20 12, Fair Work Australia issued an Equal Remuneration Order that grants

increases to the minimum wage rates of workers in the social and community services [SACS] sector. There are 150 ,000 workers in this sector who will benefit from increases of between 23 per cent and 45 per cent that will be phased in over nine years. Significantl y, around 120.000 of these workers are women and the increases represent an advance for equal pay for women.

The Australian Government has committed around $3 billion to pay its sha re of the increases for eligible SACS emp loyers delivering Commonwealth-funded programs and for eligible SACS employers it funds through Commonwealth-state agreements. This recognises the valuable co ntribution that the workers in this sector make in areas often described as â‘caringâ‘ jobs, including working with Indigenous youth in remote communities, providing commun ity

legal services, counselling families in crisis, and working with victims of family violence.

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232

The department's programs in scope for SACS funding are the Community Legal Services Program. Family Relationships Services Program. Family Violence Preven tion Legal Services Prog ram . Indigenous Justice Program. and Indigenous Legal Aid and Po licy Reform Program. The date for affected employers to pay the first m inimum wage increase is 1 December 20 12 and annually thereafter for eight years until 1 December 2020. The Government is working to develop mechanisms to provide funding supplementation to employers that w ill enable them to meet their obligations by these dates.

The Australian Government has also committed to fund SACS back-pay to eligible employers in Queensland for obligations arising from the Fair Work [Transitional Provisions and Consequential Amendments) Amendment Regulation 2012 [No. 1). This Regu lation requires certain employers in Queensland to back pay SACS workers for the period 27 March 2011 to 29 February 2012 in recognition of higher minimum wage rates awarded by the Queensland

Industrial Relations Commission.

H TE I SOCIA L EQ UITY

234

balancing respect for judicial

independence with community

expectations a bou t judicial

accountability

Loren Co usins and Th omas B rowne, Access to Justice Division.

(

AT T OR NE Y-GEN E RA L'S DEP AR T MENT I ANNUAL REPORT 2011-12

Judicial complaints legislation

A significant m ilestone in development

of reforms to federal judicial complaints

handling was achieved in 201 1-12. The

departmen t developed legislation to

implem en t a key priority of the Attorney "

General - to provide a clear, accountable

and effective system for handing complaints

about federal judicial officers. The Judicial

Misbehav iour and Incapacity (Parliamentary

Comm issions) Bill and its companion , the

Courts Legislation Amendment (Judicial

Comp laints) Bill. were introduced into

Parliament on 14 March 2012 .

An effective system of judicial comp laints handling is important for public confidence in

the admin istration of justice in our cou rts and

in the role of the judiciary.

The Jud icial Complaints Bill supports a

largely non-statutory comp laints framework

within the courts where the Chief Justices of

the Federal Court and Family Court and the

Chief Fed eral Magistrate manage complaints

about judicial con duct that are referred to

them. The Parliamentary Commissions

Bill provide s a standard mechanism for investigating an allegati on about judicial

conduct where Parliament is called upon to

consider removal of a judge from office under

the Constitution.

'Development of the legislation was a

great challenge as it raised complex

issues involving judicial independence,

parliamentary process and practical

administrative and governance

arrangementsâ‘, said Loren Cousins, a Senior

Legal Officer in the department's Fede ral

Courts Branch.

'Beca use the legislation has implications for

the Commonwealth Legislature, Judiciary

and Execu tive, we consulted broadly w ith the

federal courts, parliamentary officers and

across government, which was an interesting

expe rienceâ‘. Loren said.

Jud icial complaints hand ling is an area of

strong interest for stakeholders and the

gene ral public. Thomas Browne, a Leg al Officer in the Branch, has been involved

in the depa rtment's contribu tion to two

Parliamentary committee inquiries into the

legislation after the Bills were introduced.

'The diversity of perspectives arising from

submissions to the inquiries highlighted

for me the importance of appropriately

balancing respect for judicial independence

with community expectations about judicial

accountabilit y, which I am proud to think this

legislation will promote â‘ , Tom said.

Th e department is continuing to work closely

with the courts to implement the reforms.

I 235

Ecologically sustainable development

The department reports under section 516A of the Environment Protection and Biodiversity

Conservation Act 1999 on how its activities accord with. and its outcomes contribute to, the principles of ecologically sustainable development. as well as the effect of its activities on the environment.

The department's activities are consistent with the ecologically sustainable development principle [section 3A of the Act) that 'decision making processes should effectively integrate both long-term and short-term economic. environmental. social and equitable considerationsâ‘. Further information on the environmentally sustainable development principles can be found at www.environment.gov.au/esd.

The department also addresses the principles of 'inter-generational equity' and 'improved valuation, pricing and incentive mechanismsâ‘ by applying the Chief Executive Instructions on Environmental Management and the Green Lease Schedule. The department is consolidating and implementing an Environmental Management System in accordance with IS014001.

Principles band d of section 3A of the Act, which relate to scientific certainty and biological diversity respectively , are generally of limited application to the department's activities.

Ener v and water at 3-5 National Circuit Barton The department's premises at 3-5 National Circuit are the outcome of the first Commonwealth green lease to be negotiated. Under the National Australian Built Environment Rating System, the premises have achieved a 5 star rating for energy and a 4.5 star rating for water.

237

reen strate ies The department has implemented a number of strategies to minimise impact on the environment. including:

" an electronic document management system to reduce the need to print and retain pape r cop ies of most docume nts

" web-based information sharing tools, such as Govdex. that reduce the need to edit, print and retain paper copies of documents

" virtualising server hardware to reduce energy consumption

" the FollowME Print facility, which reduces the amount of paper and toner being used

" recycling facilities in work areas, as well as paper recycling in utility rooms

" 100 per cent recyclable A4 and A3 paper

" reviewing leased bu ildings and cooperating and encouraging building owners to improve energy performance

" using a smart lighting system that activates only when areas are occupied

" ensuring that any new leases entered into comply with the government's energy policy

" procuring energy-efficient equipment and lighting solutions.

The department uses secure and non-secure videoconferencing facilit ies to conduct a range of business activities. The use of videoconferencing has reduced the need for local and interstate travel.

lly sustaina I T

The whole-of-government Australian ICT Sustainability Plan is be ing implemented. The Plan mandates environmental standards for information and communica tions technology acquisitions and energy targets. Further information on the ICT Sustainabil ity Plan can be found at www.envi ron ment.gov.au/susta i nab ility/government/ictpla n/i ndex. htm l.

Events for the environment The department participated in Earth Hour 2012 on 31 March 2012 by reducing lighting within its buildings to emergency lighting only. This activity continues to raise awareness among staff about ways they can help take action on climate change.

238 PART I ECOLOGICALL Y SUSTA INAB LE DE V ELOP M ENT

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAl R P RT 2

Financial statements

I 239

240 PART

Australian National

Audit Office

INDEPENDENT AUDITOR'S REPORT

To the Attorney-General

Report on the Financial Statements

l have audited the accompanying financial statements of the Attorney-General's D epartment for the year ended 30 June 2012, which comprise: a Statement by the Chief Executive and Chief Financial Officer; Statement of Comprehensive Income; Balance Sheet; Statement of Changes in Equity; Cash Flow Statement; Schedule of Commitments; Schedule of Contingencies; Administered Schedule of Comprehensive Income; Administered Schedule of Assets and Liabilities; Administered Reconciliation Schedule; Administere d Cash Flow Statement; Schedule of Administered Commitments; Schedule of Administered Contingencies; and Notes to and Forming Part of the Fi1Jancial Statements, comprising a Summary of Significant Accounting Policies and other explanatory information.

Chief Execmive's Responsibility for the Financial Statements

The Chief Executive of the Attorney-General's Department is responsible for the preparation of financial statements that give a true and fair view in accordance with the Finance Minister' s Orders made under the Financial Manag em ent and Accountabilit y Act 1997, including the Au stralian Accounting Standards, and for such internal control as is necessary to enable the preparation of the financial statements that give a true and fair view and are free from material misstatement, whether due to fraud or error.

Auditor's Re5ponsibility

My responsibility is to express an opm1on on the financial statements based on my audit. I have conducted my audit in accordance with the Australian National A udit Office /\uditing Standards, which incorporate the Australian Auditing Standards. These auditing standards require that I comply with relevant ethical requirement s relating to audit engagements and plan and perform tbe audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. All audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial state ments. The procedures selected depend on the auditor's judgement, including the assessment of the risks of material misstatement of the financial state m ents, w hether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Attorney-General's Department's preparation of the financial statements that give a true and fair view in order to design audit procedures that are appropriate in the circlllnstances, but not for the purpose of expressing an opinion on the effectiveness of the Attorney-General's Department's internal control. Al1 audit also includes evaluating the appropriateness of the accounting policie s used and the reasonableness of accounting estimates made by the Chief Executive, as well as evaluating the overall presentation of the financial statements.

GPO Box 707 CANBERRA ACT 2601 19 National Circuit BARTO N ACT 2600 Phone t02) 6203 7300 fax (02) 6203 7777

N Al E ~Ef\iT

ATTORNEY-GENERAL'S DEPARTMENT ANNUAL REPORT 2011 12

I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion.

Independence

fn conducting my audit, I have followed the independence requirements of the Australian National Audit Office, which incorporate the requirements of the Australian accounting profession.

Op inion

In my opinion, the financial statements of the Anorney-Gcneral's Department: (a) have been prepared in accordance with the Finance Minister's Orders made under the Financial Mana gement and Accountability Acl 1997, including the Au stralian Accounting Standards; and (b) give a true and fair view of the matters required by the Finance Minister's Orders including

the Attorney-Genera l's Department's financial position as at 30 June 2012 and of its financial performance and cash flows for the year then ended.

Report on Other Legal and Regulatory Requirements

Note 29 Compliance wilh StallltOIJ' Conditions .for Payments .fi'om 1he Consolidated Re1â‘e nue Fund discloses information on the Attomey-General's Department's review of its exposure to risks of not complying with statutory conditions on payments from special appropriations and special accounts. Non-compliance with statutory condition s may lead to a contravention of section 83 of the Constitution , which requires that no money shall be drawn from the Treasury of the Conunonwealth except under an appropriation made by law.

As disclosed in Note 29, payments under the Social Security Act 1991 and Social Securily (Administra tion) Acl 1999 have been identified as potentially in breach of section 83 of the Constitution, totalling $3,369,655 as at I July 20 II and $3,490,935 identified during 2011-12. A further 220 payments made during 20 I 1-12 are under investigation.

Australian National Audit Otlice

JolmM<£ol\~ Executive Director Delegate of the Auditor-General

Canberra 14 September 2012

241

242

ATTORNEY-GENERAL'S DEPARTMENT

STATEMENT BY THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

In our opinion, the attached financial statements for the year ended 30 June 2012 are based on properly maintained financial records and give a true and fair view of the matters required by the Finance Minister's Orders made under the Financial Management and Accountability Act 1997, as amended .

Roger Wilkins AO Chief Executive Officer II\- day of September 2012

PART (i

A TTORNE Y -GENERAL 'S DEPARTMENT ANNUAL REPORT 2011-12

STATEMENT OF COMPREHENSIVE INCOME for the Attorney-General's Department for the period ended 30 June 201 2

EXPENSES

Em ployee benefits

Suppliers

D epreciation and am ortisation

Finance costs

W rit e-down and impairme nt of assets

O ther expen ses

Transfer of assets 1

Total expenses

LESS :

OWN-SO URCE INCOME

Own-source revenue

Sa le of goods and rendering of services Interest

Total own-source revenue

Gains Other gains

Total gains

Total own-source income

Net cost of services

Re venue from Go vernm ent

Deficit attributable to the Australian Government

OTHER COMPREHENSIVE INCOME C hanges in asset revaluation surplus

Total other comprehensive income

Total comprehensive loss attributable to the Australian Government 2

Notes

3G ,11,33

2012

$'000

177,910

81 ,477

22,429

154

38,340

320,392

36,541

405

36,946

283 ,446

205 ,655

(77,791)

(390)

(78, 181)

2011

$'000

165,401

82,070

18,139

180

188

266,028

29,096

29,097

340

29,437

236,591

218,819

(17,772 )

(17,772)

Tran sfer of the cost of establishing the Personal Property Securities (PPS) reg ister, contact centre and registrar's office from the A ttorney-General's D epartment to Insolvency and Trustee Service A ustralia (ITSA). Funding for this was provided to the Attorney " Ge neral's De partme nt as contributed equity during the current and previous financial years. The amou nt of $38 ,340,110 has been recorded as an expense for the Departme nt and included as operating revenue in ITSA's financial statements (Note 3G refers). From a w hole of governm ent perspective this is cosU revenue neutral.

Note 33 provides further information of the extraordinary items included in the 'Total comprehe nsive loss attribu table to the A ustralian Governme nt'.

The above statement shou ld be read in conjunction with the accompany ing notes.

243

BALANCE SHEET for the Attorney-General's Department as at 30 June 2012

2012 2011

Notes $'000 $'000

ASSETS

Financial assets

Cash and cash equivalents 5A ,11 5,021 3,971

Trade and other receivables 58 83,377 104 ,672

Total financial assets 88,398 108,643

Non-financial assets

Land and buildings 6A,6C 75,289 64,948

Property, plant and equipment 68,6C 25,776 23,107

Intangibles 6D ,6E 29,315 38,251

Inventories 6F 58

Other non-financial assets 6G 4,001 2,130

Total non-financial assets 134,381 128,494

Total assets 222,779 237 ,137

LIABILITIES

Payables

Suppliers ?A 43,740 17,942

Other payables 76 19,917 13,113

Total payables 63,657 31 ,055

Interest bearing liabilities Leases 8A 658

Total interest bearing liabilities 658

Provisions

Employee provisions 9A 40,570 33,005

Other provisions 98 274 634

Total provisions 40,844 33,639

Total liabilities 104,501 65,352

Net assets 118,278 171,785

EQUITY

Parent entity interest

Contributed equity 175,317 150,643

Reserves 18,734 19,124

Re tained surplus (accumulated deficit) (75,773) 2,018

Total parent equity interest 118,278 171 ,785

Total equity 118,278 171 ,785

The above balance sheet shou ld be read in conjunction with the accompanying notes.

244 PART [

STATEMENT of CHANGES in EQUITY for the Attorney-General's Department for the period ended 30 June 20 12

Opening balance

Ba lance carried forward from previous period

Adjustments to prior periods

Adjusted opening balance

Comprehensive income

Other com prehensive income -changes in asset revaluation reserves

D eficit for the period

Total comprehensive income

Transactions with owners

Distributions to owners

R eturns of capital: Restructuring: Departm ent of Reg ional Australia, Regional Developm ent and Local Government Restructuring: Departme nt of Prime M inister and Cabinet

Transfer of funding: Insolvency and Trustee Se rvice Australia 1

Contributions by owners R estructuring: Department of Families, H ousing, Co mmun ity Se rvices and Indigenous Affairs

D epa rtmental Cap ital Bu dget

Equity injection -Appropriations

Sub-total transactions with owners

Closing balance as 30 June

Notes

10A 10A

10A

2012

$'000

2,018

2011

$'000

2012

$'000

19,124 19,124 150 ,643

(459)

(5,343)

22,41 9

(625)

17,036

(459)

(5,343)

22,419

(625)

17,036

The Department was appropriated $5.343 million for four mon ths pre-operational expenses for the PPS Register. This appropriation was transferred to the Insolvency and Trustee Service Australia (ITSA).

The above statement should be read in conjunction with the accompany ing notes.

--1

l/l

--1

CASH FLOW STA TEMENT for the Attorney-General's Department for the period ended 30 June 2012

2012 2011

Notes $'000 $'000

OPERATING ACTIVITIES

Cash received

Sa le of goods and rendering of services 38 ,741 33,164

Appropriations 265 ,383 246,969

Interest Net GST received 9,841 8,739

Total cash received 313 ,965 288 ,873

Cash used

Emplo yees 168,089 162,703

Suppliers 71,269 96,045

Borrowing costs 37 180

Section 31 receipts transferred to OPA 32,595 28,150

Total cash used 271 ,990 287,078

Net cash from operating activities 11 41 ,975 1,795

INVESTING ACTIVITIES

Cash used Purchase of land and buildings 6C 18,101 13,380

Purchase of property, plant and equipment 6C 15,360 9,742

Purchase of intang ibles 6E 4,294 4,745

Internally developed intang ibles 6E 27,645 16,901

Total cash used 65,400 44,768

Net cash used by investing activities (65,400) (44,768)

FINANCING ACTIVITIES

Cash received Contributed equity 25,133 47,501

Total cash received 25,133 47,501

Cash used Repayment of borrowings 658 2,324

Total cash used 658 2,324

Net cash from financing activities 24,475 45,177

Net increase/(decrease) in cash held 1,050 2,204

Cash and cash equivalents at the beginning of the reporting period 3,971 1,817

Cash transferred as part of restructure to the Department of Regional Australia, Regional Development and Local Government 10A (50)

Cash and cash equivalents at the end of the reporting period 5A ,11 5,021 3,971

The above statement should be read in conjunction with the accompany ing notes.

246 N NC ST TEMEt-.JT

ATTORNEY-GENERAL'S DEPARTMENT j Nt

SCHEDULE OF COMMITMENTS for the Attorney-General's Department as at 30 June 2012

BY TYPE Commitments receivable

Net GST recoverable on commitments

Total commitments receivable

Commitments payable

Capital commitments 1

Land and buildings

Property, plant and equipment

Total capital commitments

Other commitments 2

Operating leases 3

Other commitments

Total other commitments

Total commitments payable

Net commitments by type

BY MATURITY

Commitments receivable

Other commitments receivable

One year or less

From one to five years

Over five years

Total other commitments receivable

Total commitments receivable

Commitments payable

Capital commitments

One year or less

From one to five years

Total capital commitments

Operating lease commitments

One year or less

From one to five years

Over five years

Total operating lease commitments

O ther commitments

One year or less

From one to five years

Total other commitments

Total commitments payable

Net commitments by maturity

2012 $'000

(27,364)

4,559

3,668

8,227

282,668 10,355

293,023

301,250

273,886

(3,223) (8,167) (15,974)

(27,364)

7,722 505

8,227

22,033

84,925 175,710

282,668

5,960 4,395

10,355

301,250

273,886

2011 $'000

(19,742)

853

6,661

7,514

264,116 13,163

277,279

284,793

265,051

(6,764) (12,383) (595)

(19,742)

7,037 477

7,514

61 ,155

143,457 59,504

264,116

6,103 7,060

13,163

284,793

265,051

247

SCHEDULE OF COMMITMENTS for the Attorney-General's Department as at 30 June 2012

Notes: Commitments are GST inclusive where relevant.

The nature of capital commitments are outstanding contractual payments for fit out under construction and contracts that principally related to the development of 4 National Circuit.

The nature of other commitments are contractual payments to service providers for various services.

The Department in its capacity as lessee has the following operating leases that are effectively non-cancellable and com prise:

Nature of lease General description of leasing arrangement

Leases for office accommodation Each lease is individual and may be subject to automatic percentage increase depending on the terms of the agreement. The period of office accommodation leases are current and may be renewed subject to negotiation.

Agreements for the provision of motor There are no renewal or purchase options available to the vehicles to senior executive officers . Departmen t.

This schedu le should be read in conjunction with the accompanying notes.

248 PART F I I t-J l 'l fATtMEI~T

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAl REPORT 2011 12

SCHEDULE OF CONTINGENCIES for the Attorney-General's Department as at 30 June 2012

Contingent assets Claims for damages or costs

Total contingent assets

Contingent liabilities Claims for damages or costs

Total contingent liabilities

Net contingent assets (liabilities)

2012

$'000

(468)

(373)

2011

$'000

(88)

(46)

Details of each class of contingent liabili ties and contingent assets listed above are disclosed in Note 12: Contingent assets and liabi lities , along with information on significant remote contingencies and contingencies that cannot be quantified .

The above schedule should be read in conjunction with the accompanying notes.

249

ADMINISTERED SCHEDULE OF COMPREHENSIVE INCOME for the Attorney-General's Department

tor the period ended 30 June 2012

EXPENSES

Employee benefits

Suppliers

Subsidies

Personal benefits 1

Grants 2

Depreciation and amortisation

Write-down and impairment of assets

Payments to CAC bodies Transfer of assets

Total expenses administered on behalf of Government

LESS:

OWN.SOURCE INCOME

Own-source revenue

Taxation revenue Other taxes

Total taxation revenue

Non-taxation revenue

Sale of goods and rendering of services

Fees and fines

Interest

Dividends

Rental Income

Royalties

Competitive neutrality

Recoveries Other non-taxation revenue

Total non-taxation revenue

Total own-source Income administered on behalf of Government

Net cost of services

Deficit on continuing operations

OTHER COMPREHENSIVE INCOME

Changes in asset revaluation surplus Actuarial gains/losses on defined benefit plans

Total other comprehensive Income

Total comprehensive income

Notes

17A

178

17C

17D

17E

17F

17G

17H 171

18A

188

18C

18D

18E

18F

18G

18H

181

18J

2012 2011

$'000 $'000

1,035 3,059

47,422 86,980

2,426 9,724

81 ,101 979,642

373,778 387,219

2,883 10,007

1,596 1,246

10,127 7,219

510 ,241 1,495,223

361

5,798 11 ,298

867

2,061 3,560

7,000 5,858

973

562

4,929 4,872

829 3,279

1,941 18

22,558 31 ,287

22,558 31,648

487,683 1,463,575

(487,683) (1 ,463,575)

(18,981) 788

(1,900) (200)

(20,881) 588

(508,564) (1 ,462,987)

The prior year comparative shows payments made to Individ uals under the Australian Government Disaster Recovery Program (AGDRP) , Disaster Income Recovery Subsidy (DIRS) Program and New Zealand residents under the D IRS program In response to the 2010-11 natural disaster events.

2 The Department makes grant payments to State and Territory Governments , Local Councils and various community organisations to support Government priorities as ouUined in the Department's Portfolio Budget Statements and wh ich appear in programs 1.3, 1.4, 1.5 and 1.6.

The above schedule should be read in conjunction with the accompanying notes.

250 PART T

A T T O RN EY -GE NER A L'S DE PARTM E NT I ANNUAL REPORT 2011-12

ADMINISTERED SCHEDULE OF ASSETS AND LIABILITIES for the Attorney-General's Department as at 30 June 2012

ASSETS

Financial assets

Cash and cash equivalents

Loans and receivables Investments

Total financial assets

Non-financial assets

Property, plant and equipment

Intangibles Other non -financial assets

Total non-financial assets

Total assets administered on behalf of Government

LIABILITIES

Payables

Suppliers

Grants and subsidies Other payables

Total payables

Provisions

Employee provisions

Superannuation provisions

Total provisions

Total liabilitie s administered on behalf of Government

Net Assets

The above schedule should be read In conjunction with the accompanying notes.

Notes

19A ,23 198 19C

20A,208 20C,20D 20E

21A 218 21C

22A 228

2012 $'000

44,671 376,490

421,161

5,271 869 3,276

9,416

430,577

3,811 6,091 885

10,787

7,007

7,007 17,794 412,783

2011 $'000

169

44,746 396,052

440,967

5,979 610

308

6,897

447,864

2,461 20,699 961

24,121

5,200

5,246 29,367 418,497

251

252

ADMINISTERED RECONCILIATION SCHEDULE for the Attorney-General's Department

Opening administered assets less adm inistered liabilities as at 1 July Adjustment for recognition of Former Solicitors-General Pension scheme

Adjusted opening administered assets less administered liabilities Deficit items: Plus: Administered income

Less: Administered expenses (non CAC) Payments to CAC Act bodies

Other comprehensive income:

Administered revaluations taken to/from reserves

Actuarial loss -Former Solicitor-General Pens ion taken to equ ity

Administered transfers to/from Australian Government

Appropriation transfers from OPA :

Annual appropriations for administered expenses (non CAC)

Administered assets and liabilities appropriations

Annual appropriations for payment to CAC Act bodies Special appropriations (unlimited) (non CAC)

Transfers to OPA

Restructuring

Closing administered assets less administered liabilities as at 30 June

2012

$'000

418,497

22,558

(510,241)

(18,981) (1,900)

473,233

8,897

79,540

(58,820)

412,783

IN N

2011

$'000

1,160,144

(5,000)

1 ,155,144

31,648

(1 ,485, 1 09)

{10,127)

788

(200)

564,715

50,087 10,127

992,122

{163,308)

(727,390)

418,497

A TT ORN E Y- GE N E RA L'S DEPARTMENT I ANNUAL REPORT 2011-12

ADMINISTERED CASH FLOW STATEMENT for the Attorney-General's Department

for the period ended 30 June 2012

OPERATING ACTIVITIES

Cash received

Sales of goods and rendering of services

Interest

D ividends

Levies, fees, taxes and fines

Net GS T received

Competitive neutrality

Ren tal income

Royalties

Recoveries

O ther non-taxation revenue:

Recovery of unspent grant funding

Torres Strait R egional Au thority receipts Other revenue

Total cash received

Ca sh used

Grant payments

Subsidies paid

Personal benefits

Suppliers

Empl oyees Paym ents to CA C bodies

Total cash used

Net cash flows used by operating activities

INVESTING ACTIVITIES

Cash received Re payments of advances and loans from State Governments

Total cash received

Cash used

Purchase of land and buildings

Purchase of property, plant and equipme nt

Purchase of intangibles A dvances and loans made to State Governme nts

Total cash used

Ne t cash flows used by Investing activities

Notes

2012 $'000

5,n6

1,321 7,000

21,416 4,929

82.9

1,340 600

43,212

388,386 2,426

81,194 71,951 1,095

545,052 (501,840)

8,312

1,666 213 7,616

9,495

(1,183)

2011 $'000

10,384 3,560 5,858

1,228 20,447 4,872 973

562 3,279

51 ' 180

401,032 9,724

978,815 85,328 3,195 10,127

1,488,221

{1,437,041)

6,638

544

22,632 16

23,192

{16,554)

I 253

ADMINISTERED CASH FLOW STATEMENT for the Attorney-General's Department

for the period ended 30 June 2012

2012 2011

Notes $'000 $'000

FINANCING ACTIVITIES

Cash received

Contributed equity-transfer from OPA 8,897

Net cash flows from/( used by) financing activities 8,897

Net decrease In cash held (494,126) (1.453,595)

Cash and cash equivalents at the beginning of the reporting period 169 41

Cash transferred as part of restructure to the Department of Reg ional Australia , Reg ional Development and Local Government (22)

Cash from Official Public Account for:

-Appropriations 473,237 614,804

-Special Accounts 79,540 1,002,249

552,777 1,617,053

Cash to Official Public Account for:

-Appropriations (50,559) (113,482)

-Special Accounts (8,261) (49,826)

(58,820) (163,308)

Cash and cash equivalents at the end of the reporting period 19A 169

This statement should be read In conjunction with the accompanying notes.

254 PART (i

A TTORNEY-GENERAL 'S DEPARTMENT ANNUAL REPORT 2011 12

SCHEDULE OF ADMINISTERED COMMITMENTS for the Attorney-General's Department as at 30 June 2012

BY TYPE Commitments receivable Ne t GST recoverable on commitmen ts

Total comm itments receivable

Commitments payable

Capital commitments 1

Property, plant and equipme nt

Total capital commitments

Other commitments 2

Operating Leases

Other com m itments

Grants

Total other commitm ents

Total commitments payable

Ne t commitments by type

BY MATURITY

Comm itments receivable

Other comm itments receivable

One year or less From one to frve years

Total other commitments receivable

Total commitments receivable

Commitments payable

Capital comm itments

One year or less

From one to five years

Total capital commitments

Operating lease commitm ents

One year or less

From one to five years

Total operating lease commitments

Other commitments /Grants

One year or less From one to five years

Total other comm itments

Total commitments payable

Net commitm ents by maturity

Notes:

Commitments are GS T Inclusive where relevant.

2012

$'000

(22,660)

14,074

85,616

546,630

646,320

646 ,320

623,660

(15,611) (7,049)

(22,660)

14,069

14,074

336,141

296,105

632,246

646,320

623,660

2011

$'000

(11 ,896)

(11,896)

3,208

30,925

110 ,933

552 ,888

694,746

697 ,954

686 ,058

(7,642)

(4,254)

(11 ,896)

(11,896)

1,486 1,722

3,208

15,458

15,467

30,925

241,943

421,878

663,82 1

697,954

686,058

On 14 September 2010, responsibility for A ustrali an Territories functions was transferred to the Department of Regiona l Australi a, Regional Deve lopment and Local Governme nt with effect from 1 October 2010.

The nature of other commitments are grant amounts payab le under agreements over future years in respect of which the grantee has yet to provide the services required under the agreem ent.

These commitments are full y funded in the forward estimates.

his schedule shou ld be read In conjunction with the accompanying notes.

255

SCHEDULE OF ADMINISTERED CONTINGENCIES for the Attorney-General's Department as at 30 June 2012

Contingent assets

At 30 June 2012 the Department estimates the value of contingent assets to be $nil (2011 : $nil).

Contingent liabilities

At 30 June 2012 the Department estimates the value of contingent liabilities to be $nil (2011 : $nil).

The above schedule should be read in conjunction with the accompanying notes.

256 PART

ATTORNEY-GENERA L'S DEPARTMENT I N Al REPO

NOTE S TO AND FORMING PART OF THE FINANCIAL STATEMENTS

for the period 1 July 2011 to 30 June 2012

Note

20 21

23 24

25 26

28 29 30

Description

Summary of significant accounting policies

Events after the reporting period

Expenses

Income

Financial assets

Non-financial assets

Payables

Interest bearing liabilities

Provisions

Restructuring

Cash flow reconciliation

Contingent assets and liabilities

Sen ior executive remuneration

Remuneration of auditors

Financial instruments

Financial assets reconciliation

Administered -expenses

Administered -income

Administered -financial assets

Administered -non-financial assets

Administered -payables

Adm inistered -provisions

Administered -cash flow reconciliation

â‘ Administered -contingent assets and liabiliti es

Administered -investmen ts

Administered -financial instruments

Administered -financial assets reconciliation

Appropriations

Spec ial accou nts

Compensation and debt relief

Reporting of outcomes

Cost recovery

Net cash appropriation arrangements

257

Notes to and forming part of the financial statements

Note 1: Summary of significant accounting policies

1.1 Objectives of the Attorney- General's .Department

The Attorney-General's Department (the Department) is the central policy and coordinating body of the Attorney-General's portfolio. It is a not-for-profit entity.

The Department provides expert advice, policy development and program implementation services to the Attorney-General, the Minister for Home Affairs and Justice and the Australian Government more broadly under one outcome:

Outcome 1: A just and secure society through the maintenance and improvement of Australia's law and justice framework and its national security and emergency management system .

Departmental and Administered activities are identified under seven programs for Outcome 1. The seven programs within Outcome 1 are: Attorney-General's Department Operating Expenses -Civil Justice and Legal Services (1.1 ), Attorney-General' s Department Operating Expenses- National Security and Criminal Justice (1.2), Justice Services (1.3), Family Relationships (1.4), Indigenous Law and Justice (1.5), National Security and Criminal Justice (1.6) and Australian Government Disaster Financial Support Payments (1. 7).

The continued existence of the Departmen t in its present form and with its present programs is dependent on Government policy and on continuing appropriations by Parliament for the Department's adm inistration and programs.

The Department's activities contributing toward these outcomes are classified as either departmental or administered. Departmental activities involve the use of assets, liabilities , income and expenses controlled or incurred by the Department in its own right. Administered activities involve the management or oversight by the Department, on behalf of the Government , of items controlled or incurred by the Government.

1.2 Basis of preparation of the financial statements

The financial statements are required by section 49 of the Financial Management and Accountability Act 1997 and are general purpose financial statements.

The financial statements and notes have been prepared in accordance with:

The Finance Minister's Orders (FMOs) for reporting periods ending on or after 1 July 2011 ;and Australian Accounting Standards and Interpretations issued by the Australian Accounting Standards Board (AASB) that apply for the reporting period.

The financial statements have been prepared on an accrual basis and in accordance with historical cost convention, except for certain assets and liabilities at fair value. Except where stated, no allowance is made for the effect of changing prices on the results or the financial position.

The financial statements are presented in Australian dollars and values are rounded to the nearest thousand dollars unless otherwise specified.

Unless an alternative treatment is specifically required by an accounting standard or the FMOs , assets and liabilities are recognised in the balance sheet when and only when it is probable that future economic benefits will follow to the Department, or a future sacrifice of economic benefits will be required, and the amounts of the assets or liabilities can be reliably measured. However , assets and liabilities arising under executor contracts are not recognised unless required by an accounting standard. Liabil ities and assets that are unrecognised at balance date are reported in the schedule of commitments and the schedule of contingencies (other than unquantifiable or remote contingencies, which are reported at Note 12).

Unless an alternative treatment is specifically required by an accounting standard, income and expenses are recognised in the Statement of Comprehensive Income when and only when the flow , consumption or loss of economi c benefits has occurred and can be reliably measured.

258 PART T f

ATTORN E Y- G EN E RAL'S DE PAR T M E NT J ANNUAl REPORT 2011 12

Notes to and forming part of the financial statem ents

Administered revenues, expenses, assets and liabilities and cash flows reported in the Schedule of Administered Items and related notes are accounted for on the same basis and using the same policies as for departmental items, except where otherwise stated at Note 1.20.

1.3 S ignifican t accou nting judgemen ts and estim ates

In the process of applying the accounting policies list ed in this note, the Department has made the following judgemen ts that have the mo st significant impact on the amounts recorded in the financial statem ents:

The fair value of land and buildi ngs has been taken to be the market value of similar properties. In some instances, the Department's buildings are purpose built and may in fact realise mo re or less in the market; and The fair value of the Department's infrastructure , plant and equipment has been taken to be

the ma rket selling price.

No accounting assumptions or estimates have been identified that have a significant risk of causing a material adjustm ent to carrying amou nts of assets and liabili ties within the next accounting period.

1.4 New Australian Accoun ting Standards

Adoption of New Australian Accounting Standard Requirem ents

No accounting standard has been adopted earlier than the application date as stated in the standard. Of the new standards, amendments to standards and interpretation issued by the Australian Accounting Standards Board prior to the sign-off date that are applicable to the current period, none have had a mate rial impact.

Future Australian Accoun ting Standard Requ iremen ts

No accounting standard has been adopted earlier than the application date as stated in the standard. Of the new standards, amendments to standards and interpretation issued by the Australian Accou nting Standa rds Board that are applicable to the current period, none have had a material impact.

AAS B 9 Financial Instruments-December 2010 (Principal)

AASB 12 Disclosure of Interests in Other Entities-August 2011 (Principal)

AAS B 13 Fair Va lue Measurement -September 2011 (Principal)

AASB 119 Employee Benefits- September 2011 (Principal)

AASB 128 Investments in Associates and Joint Ventures-August 2011 (Principal)

AAS B 2010-2 Amendments to Australian Accounting Standards arising from Reduced Disclosure Requirements [AASB 1, 2, 3, 5, 7, 8, 101 , 102, 107, 108, 110, 111 , 112, 116, 117, 119, 121 , 123, 124 , 127, 128, 131 , 133, 134, 136, 137, 138, 140, 141 , 1050 & 1052 and Interpretations 2, 4, 5, 15, 17, 127, 129 & 1052]

AASB 2010-7 Amendments to Australian Accounting Standards arising from AASB 9 (December 2010) [AASB 1, 3, 4, 5, 7, 101 , 102, 108, 112, 118, 120, 121 , 127, 128, 131 , 132, 136, 137, 139, 1023 & 1038 and Interpr etations 2, 5, 10, 12, 19 & 127]

AASB 2011-8 Amendments to Australian Accounting Standards arising from AASB 13 [AASB 1, 2, 3, 4, 5, 7, 9, 2009-11 , 2010-7, 101 , 102, 108, 110, 116 , 117, 118, 119 , 120, 121 , 128, 131 , 132, 133, 134, 136, 138, 139, 140, 141 , 1004, 1023 & 1038 and Interpretations 2, 4, 12, 13, 14, 17, 19, 131 & 1321

AAS B 2011-9 A me ndmen ts to Australian Acco unting Standards-Presen tation of Items of Other Compr~hensive Income [AASB 1, 5, 7, 101 , 112, 120, 121 , 132, 133, 134 , 1039 & 1049]

AAS B 2011 -10 Amendments to Australian Accounting Standards arising from AASB 119 (Septembe r 2011) [AAS B 1, AASB 8, AASB 101 , AASB 124, AASB 134, AASB 1049 & AASB 2011 -8 and Interpretatio n 14]

259

260

Notes to and forming part of the financial statements

1.5 Revenue

Sales of goods and services

Revenue from the sale of goods is recognised when:

a) the risks and rewards of ownership have been transferred to the buyer; b) the Department retains no managerial involvement or effective control over the goods; c) the revenue and transaction costs incurred can be reliably measured ; and d) it is probable that the economic benefits associated with the transaction will flow to the

Department.

Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when :

a) the amount of revenue, stage of completion and transaction costs incurred can be reliably measured ; and b) the probable economic benefits associated with the transaction will flow to the Department.

The stage of completion of contacts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction.

Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any impairment allowance account. Collectabili ty of debts is reviewed during the financial year and at end of the reporting period. Impa irment allowances are made when collectabilit y of the debt is no longer probable.

Interest revenue is recognised using the effective interest method as set in AASB 139 Financial Instruments: Recognition and Measurement.

Revenue from Government

Amounts appropriated for departmental outputs for the year (adjusted for any formal additions and reductions) are recognised as revenue from Government when the Department gains control of the appropriation , except for certain amounts that relate to activities that are reciprocal in nature, in which case revenue is recognised only when it has been earned.

Appropriations receivable are recog nised at their nominal amoun ts.

1.6 Gains

Resources received free of charge

Resources received free of charge are recognised as gains when , and only when, a fair value can be reliably determined and the services would have been purchased if they had not been donated. Use of those resources is recognised as an expense .

Resources received free of charge are recorded as either revenue or gain depending on their nature.

Contributions of assets at no cost of acquisition or for nominal consideration are recognised as gains at their fair value when the asset qualifies for recognition, unless received from another Government agency or authority as a conseq uence of a restructuring of administrative arrangemen ts (refer to Note 1.7).

Sale of assets

Ga ins from disposal of assets are recognised when control of the asset has passed to the buyer.

1. 7 Transactions with the Government as Owner

Amounts appropriated which are designated as 'equity injections ' (less any formal reductions).

Departmental Capital Budgets (DCBs ) are recognised directly in contributed equity in that year.

Restructuring of administrative arrangements

Net assets received from or relinquished to another Australian Government agency or authority under a restructuring of administrative arrangem ents are recorded at their book value directly against contributed equ ity.

Other distribution to Owners

Distributions to owners are debited to contributed equ ity unless in the nature of a dividend.

PART l

ATTORNEY -GENER AL'S DEPARTMENT ANNUAL REPORT 2011 12.

Notes to and forming part of the financial statements

1.8 Employee benefits

Liabilities for 'short-term employee benefits' (as defined in AASB 119 Employee Benefits) and termination benefits due within twelve months of balance date are measured at their nominal amounts.

The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability.

Other long-term emp loyee benefits are measured as the net total of the present value of the defined benefit obligation at the end of the reporting period.

~ The liabil ity for employee benefits includes provision for annua l leave and long service leave. No provision has been made for sick leave as all sick leave is non-vesting and the average sick leave taken in future years by employees of the Department is estimated to be less than the annual entitlement for sick leave. The leave liabilities are calculated on the basis of employees ' remuneration at the estimated salary rates that will be applied at the time the leave is taken, including the Department 's employer superannuation contribution rates, to the extent that the leave is likely to be taken during service rather than paid out on termination. The methodology for calculating the liability for long service leave was confirmed by reference to the work of an actuary who is periodically retained by the Department. The estimate of the present value of the liability takes into account attrition rates and pay increases through promotion and inflation. Separation and redundancy Provision is made for separation and redundancy benefit paymen ts. The Department recognises a provision for termination when it has developed a detailed formal plan for the terminations and has informed those employees affected that it will carry out the terminations. Superannuation The majority of the staff of the Department are members of the Commonwealth Superannuation Scheme (CSS) , the Public Sector Superannuation Scheme (PSS) or the PSS accumu lation plan (PSSap). The CSS and PSS are defined benefit schemes for the Australian Government. The PSSap is a defined contribution scheme. The liability for defined benefits is recognised in the financial statements of the Australian Government and is settled by the Australian Government in due course. This liability is reported by the Department of Finance and Deregulation's administered schedule and notes. The Department makes employer contributions to the CSS and PSS employee superannuation scheme at rates determined by an actuary to be sufficient to meet the cost to the Government for the superannuation entitlements of the Department's employees. The Department accounts for the contribut ions as if they were contributions to defined contribution plans. The liability for superannuation recognised as at 30 June represents outstanding contributions for the final fortnight of the year. 1.9 Leases A distinction is made between finance leases and operating leases. Finance leases effectively transfer from the lessor to the lessee substantially all the risks and rewards incidental to ownership of leased assets. An operating lease is a lease that is not a finance lease. In operating leases, the lessor effectively retains substantially all such risks and benefits. Where an asset is acquired by means of a finance lease, the asset is capitalised at either the fair value of the lease property or, if lower, the present value of minimum lease payments at the inception of the contract and a liabilit y is recognised at the same time and for the same amount. The discount rate used is the interest rate implicit in the lease. Leased assets are amortised over the period of the lease. Lease payments are allocated between the principal components and the interest expense. Operating lease payments are expensed on a straight-line basis which is representative of the pattern of benefits derived from the leased assets. 261

262

Notes to and forming part of the financial statements

1.10 Borrowing costs

All borrowing costs are expensed as incurred.

1.11 Cash

Cash and cash equivalents includes cash on hand, cash held with outsiders, demand deposits in bank accounts with an original maturity of three months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value. Cash is recognised at its nominal amount.

1.12 Financial assets

The Department classifies its financial assets as loans and receivables. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition.

Financial assets are recognised and derecognised upon trade date.

Effective interest method

The effectiv e interest method is a method of calculat ing the amortised cost of a financial asset and of allocating interest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period.

Income is recognised on an effective interest rate basis except for financial assets that are recognised at fair value through profit or loss.

Loans and receivables

Trade receivables, loans and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as 'loans and receivables'. Loans and receivables are measu red at amortised cost using the effective interest method less impairment. Interest is recog nised by applying the effective interest rate.

Impairment of financial assets

Financial assets are assessed for impairment at the end of each reporting period.

Financial assets held at amortised cost - if there is objective evidence that an impairment loss has been incurred for loans and receivables held at amortised cost, the amount of the loss is measured as the difference between the asset's carrying amount and the present value of estimated future cash flows discounted as the asset's original effective interest rate. The carrying amount is reduced by way of an allowance account. The loss is recognised in the Statement of Comprehensive Income .

1.13 Financial liabilities

Financial liabilities are classified as other financial liabilities .

Financial liabilities are recognised and derecognised upon 'trade date'.

Other financial liabilities

Other financial liabilities, including borrowings, are initiall y measured at fair value, net of transaction costs. Other financial liabiliti es are subsequen tly measured at amortised cost using the effective interest method , with interest expense recognised on an effective yield basis.

The effective interest method is a method of calculati ng the amortised cost of a financial liabi lity and of allocating interest expense over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash payments through the expected life of the financial liability , or, where appropriate, a shorter period.

Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (irrespective of having been invoiced).

1.14 Contingent liabilities and contingent assets

Con tingent liabiliti es and contingent assets are not recognised in the balance sheet but are reported in the relevant schedules and notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liabilit y in respect of which the amount cannot be reliably measured . Co ntingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote.

PART

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAl REPORT 2011 2

Notes to and forming part of the financial statements

1.15 Acquisition of assets

Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initia lly measured at their fair value plus transaction costs where appropriate.

Assets acquired at no cost, or for nominal consideration, are init ially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amount at which they were recognised in the transferor agency's accounts immediately prior to the restructuring.

1.16 Property, plant and equipment

Asset recognition threshold

Purchases of property, plant and equipment are recognised initially at cost in the balance sheet, except for purchases costing less than $2 ,000 wh ich are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total).

The initial cost of an asset includes an estimate of the 'makegood' cost of dismantling and removing the item and restoring the site on which it is located. This is particularly relevant in property leases taken up by the Department where there exists an obligation to restore the property to its original condition. These costs are included in the value of leasehold improvements with a corresponding provision for the 'makegood' recognised.

Revaluations

Fair values for each class of asset are determined as shown below:

Asset Class: Fair value measured at:

Land Market selling price

Buildings Market selling price

Leasehold improvements Depreciated replacement cost

Property, plant and equipment Market selling price

Heritage and cu ltural assets Active market

Following initial recognition at cost, property, plant and equipment are carried at fair value less subseq uent accumulated depreciation and accumulated impairment losses. Valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not differ materially from the assets' fair values as at the reporting date. The regularity of independent valuations depends upon the volatility of movements in market values for the relevant assets.

Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus/deficit. Revaluation decrements for a class of assets are recognised directly in the surplus/defic it except to the extent that they reverse a previous revaluation increment for that class.

Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount.

Depreciation

Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the Department using, in all cases, the straight-line method of depreciation. Leasehold improvements are depreciated on a straight-line basis over the lesser of the estimated useful life of the improvements or the unexpired period of the lease. The library

assets which have been recognised as heritage assets are not depreciated, and all other library acquisitions are expenses in the year of acquisition.

Depreciation rates (useful lives) , residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current and future reporting periods, as appropriate.

263

Notes to and forming part of the financial statements

Depreciation rates applying to each class of depreciable departmental asset are based on the following useful lives:

Buildings on freehold land Leasehold improvemen ts Property, plant and equipment Heritage and cultural {where applicable)

2012

25-50 years Lease term 3 to 10 years Up to 200

years

2011

25-50 years Lease term 3 to 10 years Up to 200 years

Depreciation rates applying to each class of depreciable administered asset are based on the following useful lives:

Property, plant and equipment

Impairment

2012

3 to 10 years

2011

3 to 10 years

All assets were assessed for impairment at 30 June 2012. Wh ere indications of impairment exist, the asset's recoverable amount is estimated and an impairment adjustment made if the asset's recoverable amount is less than its carrying amount.

The recoverable amount of an asset is the higher of its fair value less costs to sell and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset's ability to generate future cash flows, and the asset would be replaced if the Department were deprived of the asset, its value in use is taken to be it depreciated replacement cost.

Derecognition

An item of property, plant and equipment is derecognised upon disposal or when no further economic benefits are expected from its use of disposal.

Heritage and cultural

Heritage and cultural items (electronic and print) include a comprehensive collection of law and selected works in other subject areas that are of interest to the Department's strategic agenda .

The Department acquires items for the collection from a range of publishers, second hand dealers, â‘ book agents, donations or government publishing agents.

Heritage and cultural assets are stored and managed in ways to preserve their heritage and cultural value over time. The Department 's conservation and preservation policies include binding loose parts into bound volumes , secure storage of significant items thereby limiting distribution and restoration of items such as Hansard.

1.17 Intangibles

The Department's intangibles comprise internally developed software and purchased software for internal use. These assets are carried at cost less accumulated amortisation and accumulated impairment losses.

Software is amortised on a straight -line basis over its anticipated useful life . The useful lives of the Department's intangibles are 3 to 5 years (201 0-11 : 3 to 5 years).

All software assets were assessed for indications of impairment at year end .

1.18 Inventories

Inventories held for sale are valued at the lower of cost and net realisable value. Inventories held for distribution are valued at cost, adjusted for any loss of service potential.

264 PART T

ATTORNEY-GENERAL'S DEPARTMENT I ANN I? P RT 201

Notes to and forming part of the financial statements

1.19 Taxation

The Department is exempt from all forms of taxation except Fringe Benefits Tax (FBT ) and the Goods and Services Tax (GST).

Revenue , expenses and assets are recognised net of GST except:

a) where the amount of GST incurred is not recoverable from the Australian Taxation Office; and b) for receivables and payables.

1.20 Reporting of administered activities

Administered revenues, expenses , assets, liabilit ies and cash flows are disclosed in the Schedule of Administered Items and related notes.

Except where otherwise stated below, administered items are accounted for on the same basis and using the same policies as for departmental items, including the application of Australian Accounting Standards.

Administered cash transfer to and from the Official Public Account

Revenue collected by the Department for use by the Government rather than the Department is administered revenue. Collections are transferred to the Official Public Account (OPA) maintained by the Department of Finance and Deregulation. Conversely, cash is drawn from the OPA to make payments under Partiamentary appropriation on behalf of Government. These transfers to and from the OPA are adjustments to the administered cash held by the entity on behalf of the Government and reported as such in the schedule of administered cash flows and in the administered reconciliation schedule.

Revenue

All administered revenues are revenues relating to the course of ordinary activities performed by the Department on behalf of the Australian Government. As such , administered appropriations are not revenues of the Department.

Dividend revenue represents dividends received from entitles , which mainly relate to administered investments of the Department and is recognised when the dividend has been declared and the right to receive the dividend has been established.

Competitive neutrality

The Australian Government Solicitor (AGS) is a portfolio related entity and operates on a for profit basis. As an agency within the Australian Government it is not subject to taxation other than GST and FBT. However, under competitive neutrality arrangements, the AGS is required to make payroll tax, income tax, and practicing certificates equivalent payments to the Government.

Expenses

All administered expenses are expenses relating to the course of ordinary activities performed by the Department on behalf of the Australian Government .

Loans and receivables

Where loans and receivables are not subject to concessional treatment, they are carried at amortised cost using the effective interest method . Gains and losses due to impairment derecognition and amortisation is recognised through profit and loss.

Concessionalloans are initially recognised at their fair value. If the rate of interest charged is lower than the government bond rate (for government/public sector loans) or the counterparty's borrowing rate (for non government loans) the difference between the amortised cost and the fair value of the loan is treated as an expense .

265

266

Notes to and forming part of the financial statements

Administered investments

Administered investments in controlled entities are not consolidated because their consolidation is relevant only at the Whole of Government level.

Administered investments other than those held for sale are measured at their fair value at 30 June 2012. Fair value has been taken to be the Australian Government's proportional interest in the net assets of the entitles as at the end of the reporting period.

Grants and subsidies

The Department administers a number of grant and subsidy schemes on behalf of the Government.

Grant and subsidy liabilities are recognised to the extent that {I) the services required to be performed by the grantee have been performed or (ii) the grant eligibility criteria have been satisfied , but payments due have not been made . A commitment is recorded when the Government enters into an agreement to make these grants but services have not been performed or criteria satisfied .

Superannuation provisions

The Department recognises an administered liability for the present value of the Australian Government's expected future payments arising from the former Solicitors-General Pension scheme.

Increases in the accrued benefits liability , pursuant to regular estimates of the liability taking account of actuarial reviews, are recognised as an expense and classified as personal benefit expense , except for actuarial gains or losses wh ich are recognised in equity. In accordance with AASB 119 Employee Benefits, the liability is assessed annually by applying the projected unit credit method in assessing the balance of the liability. The rate used to discount long term employee benefits and post employment benefits is determined by reference to the government bond rate at the reporting date on high quality corporate bonds except where there Is not a deep market in these bonds, in which case fhe market yield on national government bonds is used. In the case of discounting the personal benefit liability, the market yield on government bonds has been used . Additional information can be found at Note 22.

Note 2: Events after the reporting period

There were no subsequent events that had the potential to significantly affect the ongoing structure and financial activities of the Department.

There were no subsequent Administered events that had the potential to significant ly affect the ongoing structure and financial activities of the Department.

ATTORNEY-GENERAL'S DEPARTMENT I ANNU l REPORT .011 12

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 3: Expenses

3A: Employee benefits

Wages and salaries

Superannuation:

Defined benefit plans

Defined contribution plans

Leave and other entitlements

Separation and redundan cies

Other employee benefit expenses:

Recruitment and security vetting expenses

Health & wellbeing

Comsuper charges

Study assistance

FBT Other employee expenses

Total employee benefits

3B: Suppliers

Goods and services

Accommodation expenses

Con sultants

Contractors

Travel

Information technology and communications

General office

A uscheck expenditure

Legal and internal audit fees Payments and contributions to external bodies

Total goods and services

Goods and services are made up of:

Provision of goods -related entiti es

Provision of goods -external parties

Render ing of services -related en tit ies Render ing of services -external parties

Total goods and services

Other supplier expenses

Operating lease rentals -external parties:

Minimum lease payme nts

Workers compe nsation expe nses

Total other supplier expenses

Total supplier expenses

Notes

2012

$'000

125,281

18,227 5,225 20,761

4,224

1,901 502

316

574

692 207

177,910

3,908

2,604 6,057

7,145 11,212

8,894 4,474 11,789 5,753

61,836

2,883

22,488 36,413

61,836

18,958 683

19,641

81,477

2011

$'000

122,547

16,551 6,173 15,692

1,095

1,338

361 311 506

745 82

165,401

3,677

1,942 4,828

7,492

9,513 7,466

3,236 11,737 10,513

60,404

4,098 24,989 31,276

60,404

21 ,011 655

21,666

82,070

267

268

Notes to and forming part of the financial statemen ts for the period 1 July 2011 to 30 June 2012

3C: Depreciation and amo rtisation

De preciation:

Bu ildings and leasehold improvements

Property, plant and equ ipment Assets held under finance leases

Total depreciation

Amortisation:

Intangibles: compute r software

Total amortisation

Total depreciation and amortisation

30: Finance costs Finance leases

Total finance costs

3E : Wr ite-down and impairment of assets

Asset w rite-downs and impairments from:

Wr ite down of property, plant and equipment Wr ite down of heritage and cultural (library resources)

Impa irment of intangibles

Impa irmen t of financial instrum ents

Total write-down and impairment of assets

3F : Other expenses

Defective administration scheme payments

U nwinding of makegood expense

Total other expense s

3G : Transfer of assets

Assets transferred free of charge 1

Notes

2012

$'000

6C 7,760

6C 10,073

6C 565

15C

6C ,11

------ 18,398

4,031

22,429

152

158,11 (14)

--------

98,11

11 ,33

154

38,340

2011

$'000

6,966

6,817 1,716

15,499

2,640

18,139

180

119

188

Transfer of the cost of establishi ng the Personal Property Securities (PPS ) register, contact centre and registrar's office from the Attorney-Genera l's D epartment to Insolvency and Trustee Service Australia (ITSA ). Fu nding for this was provided to the A ttorney-G eneral's D epartme nt as contributed equity during the current and previous financial yea rs. The amo unt of $38,340,110 has been recorded as an expe nse for the Department and included as ope rating revenue in ITSA's financial statements. From a whole of government perspective this is cosUrevenue neutral.

PART

AT TORNEY-GENERAL 'S DEPARTMENT I ~N R

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

2012 2011

Notes $'000 $'000

Note 4: Income

OWN SOURCE REVENUE

4A : Sale of goods and rendering of services

Provision of goods -related entities 718 603

Provision of goods -external parties 463 410

Rendering of services -related entities 17,169 15,162

Rendering of services -external entities 18,191 12,921

Total sale of goods and rendering of services 36,541 29,096

48: Interest Interest on deposits

GAINS

4C: Other gains Resources received free of charge -ANAO 14 405 340

REVENUE FROM GOVERNMENT

40: Revenue from Government Appropriations: D epa rtmental appropriations 205,655 218,819

269

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

2012 201 1

Notes $'000 $'000

Note 5: Financial assets

5A: Cash and cash eguivalents Cash on hand or on deposit 15A 5,021 3,971

Total cash and cash equivalents 5,021 3,971

58: Trade and other receivables

Goods and services:

G oods and services-related entities 3,882 3,853

Go ods and services -external parties 5,676 1,137

Total receivables for goods and services 15A 9,558 4,990

Appropriations receivable: For existing programs 70,813 97,946

Total appropriations receivable 70,813 97,946

Other receivables:

GST receivable from the Australian Taxation Office 3,009 1,621

Other 17 151

Total other receivables 3,026 1,772

Total trade and other receivables (gross) 83,397 104,708

Less impairment allowance account: Goods an d services (20) (36)

Total impairment allowance account (20) (36)

Total trade and other receivables (net) 83,377 104,672

Receivables are expected to be recovered in:

No more than 12 months 83,377 104,672

Total trade and other receivables (net) 83,377 104 ,672

Receivables are aged as follows:

Not overdue 80 ,456 103,986

Overdue by:

0 to 30 days 1,338 408

31 to 60 days 765 44

61 to 90 days 197 107

More than 90 days 641 163

Total receivables (gross) 83,397 104,708

270 PART

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011 12

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Notes

Note 5: Financial assets continued

The impairment allowance account is aged as follows:

Overdue by:

More than 90 days

Total impairment allowance account

Credit terms for goods and services we re within 30 days (2011 : 30 days).

Reconciliation of the impairment allowance account:

Movements in relation to 2012

Opening balance Amounts recovered and reversed

Closing balance

Movements in relation to 2011

Opening balance

Amounts recovered and reversed

(lncrease)/decrease recognised in operating result

Closing balance

2012

$'000

(20)

Goods and services $'000

(16)

(13) 26

201 1

$'000

(36)

Total

$'000

(16)

(13)

26 36

271

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 6: Non -financial assets

6A : Land and buildings

Land : Land at fair value

Buildings on freehold land:

Fair value Accumulated depreciation

Total buildings on freehold land

Leasehold improvements :

Fair value

Accumulated depreciation Work in progress (at cost)

Total leasehold improvements

Total land and buildings

No indicators of impairment were found for land and buildings.

Notes

6C 6C

No land or buildings are expected to be sold or disposed of within the next 12 months.

68: Property, plant and equipment

Heritage and cultural:

Library (at fair value)

Total heritage and cultural

Other property, plant and equipment:

Fair value Accumulated depreciation

Total other property, plant and equipment

Total property, plant and equipment

No indicators of impairment were found for property, plant and equipment.

2012

$'000

865

772 (49)

723

78,765

(21,857) 16,793

73,701

75,289

1,663

41 ,432

(17,319)

24,113

25,776

No property, plant or equipment are expected to be sold or disposed of within the next 12 months .

Revaluation of non-financial assets

2011

$'000

865

370

(23)

347

65,968

(14,124) 11 ,892

63,736

64,948

1,815

51 ,099

(29,807)

21 ,292

23,107

A ll revaluations were und ertaken in accordance with the revaluation policy stated at Note 1. A revaluation of property, plant and equ ipment was undertaken by an independent valuer with effect from 30 June 2012 .

A revaluation decrement of $501 ,599 (2011: nil) for property, plant and equipment was debited against the asset revaluation surplus by asset class and included in the equity section of the balance sheet; a decrement of $152 ,000 (2011 : nil) for the Library was expensed in the Statement of Comprehensive Income (Note 3E refers); $111 ,515 of assets were recognised for the first time and were credited against the asset revaluation surplus by asset class and included in the equity section of the balance sheet.

272 PART

.....

Notes to and forming part of the financial statements for t/Je period 1 July 201 1 to 30 June 2012

Note 6: Other non-financial assets continued

Note 6C: Reconciliation of the opening and closing balances of property, plant and equipment (2011-121

Leasehold

Land Buildings improvements

$'000 $'000 $'000

As at 1 July 2011

G ross book value 865 370 77,860

Accumu lated depreciation and impa irment (23) (14,124)

Net book value 1 July 2011 865 347 63,736

Additions By purchase 402 17,699

Revaluations and impairments recognised in other comprehensive income Revaluations recognised in the operating result

Assets first found

Depreciation expense (26) (7,734)

Other movements -transfer assets between asset classes 2

O ther mov ements -transfe r of assets to Insolvency and Trustee

Service Aus tralia 3

Disposals Property, plant and equipm ent

Net book value 30 June 2012 865 723 73,701

Net book value as of 30 June 2012 represented by:

Gross book value 865 772 95,559

Accumulated depreciation and impairment (49) (21,858)

Net book value 30 June 2012 865 723 73,701

Total land and buildings $'000

79,095 (14,147)

64,948

18,101

(7,760)

75,289

97,196 (21,907)

75,289

Library assets that m et the definition of heritage and cultur al items were disclosed in the heritage and cultural asset class.

Transfer of assets classed as intangibles in 2010-11 to property, plant and equipm ent in 2011-12.

Other

Heritage property,

and plant &

cultural 1 equipment

$'000 $'000

1,815 51,099

(29,807)

1,815 21,292

15,360

(502)

(152)

112

(10,638)

144

(1,640)

(15)

1,663 24,113

1,663 41,432

(17,319)

1,663 24,113

Transfer of the Personal Property Secu riti es (PPS) assets from the Attorney-General's Department to Insolvency and Trustee Service A ustralia (Note 3G refers).

Total $'000

132,009 (43,954)

88,055

33,461

(502) (152) 112

(18,398)

144

(1,640)

(15)

101,065

140,291 (39,226)

101,065

-i

-i 0 :;u

:;u )>

-i

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 6: Other non-financial assets continued

Note 6C (Cont'd): Reconciliat ion of the opening and closing balances of property, plant and equipment (201 0-11)

Leasehold

Land Buildings improvements

$'000 $'000 $'000

As at 1 July 2010 Gross book value 865 335 64,634

Accumulated depreciation and impairment (11) (7,206)

Adjustments made to accumulated depreciation and impairment

Net book value 1 July 2010 865 324 57,428

Additions By purchase 35 13,345

Depreciation expense (12) (6,954)

Other movements : transfer of assets to Department of Regional Australia, Regional Development and Local Government (58)

Disposals

From disposal of entities or operations (incl uding restructuring) (25)

Other

Net book value 30 June 2011 865 347 63,736

Net book value as of 30 June 2011 represented by: Gross book value 865 370 77,860

Accumulated depreciation and impairment (23) (14,124)

Net book value 30 June 2011 865 347 63,736

Library assets that met the definition of heritage and cultural items were disclosed in 1he heritage and cultur al asset class.

Uther

Heritage property,

Total land and plant &

and buildings cultural 1

equipment Total

$'000 $'000 $'000 $'000

65,834 1,815 41,913 109,562

(7,217) (21 ,418) (28,635)

(3) (3)

58,617 1,815 20,492 80,924

13,380 9,742 23,122

(6,966) (8,533) (15,499)

(58) (28) (86)

(25) (279) (304)

(102) (102)

64 ,948 1,815 21,292 88,055

79 ,095 1,815 51,099 132 ,009

(14,147) (29,807) (43,954)

64,948 1,815 21 ,292 88,055

A TTORNEY-GENERAL 'S DEPARTMENT j ANNUAL REPORT 2 11

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

60: Intangibles

Computer software:

Internally developed-in progress 1

Internally developed -in use

Purchased

Accumulated amortisation

Total intangibles

No indicators of impairment were found for intangibles.

Notes

No intangibles are expected to be sold or disposed of within the next 12 months.

2012

$'000

14,652

20,682

15,258

(21,277)

29,315

2011

$'000

26,767

17,384

11 ,699

(17,599)

38 ,251

Th e decrease from 2010-11 is primarily attributable to the transfer of establishing the P ersonal Property Sec urities (PP S) register , contact centre and registrar's office , from the Attorney-General's Department to Insolvency and Trustee Service Australia (ITSA) (refer to Note 33).

275

276

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 6: Other non-financial assets continued

Note 6E : Reconciliation of the opening and closing balances of intangibles (2011-12)

Computer software internally developed

$'000

As at 1 July 2011 Gross book value 44,151

Accumulated amortisation and impairment (11 ,051)

Net book value 1 July 2011 33,100

Additions: By purchase Internally developed 27,645

Total additions 27,645

Amortisation expense (2,392)

Other movements -transfer assets between asset classes 1

(174)

Other movements- transfer of assets to Insolvency and Trustee Service Australia 2 (36,288)

Net book value 30 June 2012 21 ,891

Net book value as of 30 June 2012 represented by:

Gross book value 35,334

Accumulated amortisation and impairment (13,443)

Net book value 30 June 2012 21 ,891

Computer software purchased $'000

11 ,699

(6,548)

5,151

4,294

(1,639)

(412)

7,424

15,258 (7,834)

7,424

Transfer of assets classed as intangibles in 2010 -11 to property, plant and equipment in 2011-12 .

Total $'000

55,850 (17,599)

38,251

4,294 27,645

31,939

(4,031)

(144)

(36,700)

29,315

50,592 (21,277)

29 ,315

Transfer of the Personal Property Securities (PPS ) assets from the Attorney-G eneral's Department to Insolvency and Trustee Service Australia (Note 3G refers).

Reconciliat ion of the opening and closing balances of intangibles (2010-11)

computer software Computer

internally software developed purchased Total

$'000 $'000 $'000

As at 1 July 2010 Gross book value 27,278 6,996 34,274

Accumulated amortisation and impairment (9,452) ( 5,526) (14,978)

Net book value 1 July 2010 17,826 1,470 19,296

Additions: By purchase 4,745 4,745

Internally developed 16,901 16,901

Total additions 16,901 4,745 21 ,646

Impairments recognised in operating result (24) (27) (51 )

Amortisation expense (1,603) (1,037) (2,640)

Net book value 30 June 2011 33,100 5,151 38 ,251

Net book value as of 30 June 2011 represented by: Gross book value 44,151 11 ,699 55,850

Accumu lated amortisation and impairment (11,051) (6,548) (17,599)

Net book value 30 June 2011 33,100 5,151 38,251

PART FINAN ST TEN HH

A TTORNE Y -GENERAL 'S DEPARTME N T ANNUAL REPORT 2011

N otes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 6: Non-financial assets continued

6F: Inventories Inventories held for distribution

Notes

During 2011-12, nil (2011: $12,420) inventory held for distri bution was recognised as an expense .

6G : Other non-financial assets

Prepaym ents

Total other non-financial assets -are expected to be recovered in:

No more than 12 months

More than 12 m onths

Total other non-financial assets

Note 7: Payables

7A: Suppliers Trade creditors and accruals Operating lease rentals

Total suppliers payables

Supplier payables expected to be settled w ithin 12 months : Related entities

External parties

Total suppliers payables

Se ttl ement is usually made net 30 days.

78: Other payables Wages and salaries

Superannuation

Sepa rations and redundancies

Othe r emp loyee payables

Prepaym ents received/unearned income

FB T payable

Lease incentives 1

Total other payables

Total other payables are expected to be settled in:

No mo re than 12 months M ore than 12 months

Total other payables

15A

2012

$'000

4,001

2,905

1,096

4,001

36,561 7,179

43,740

1,473 42,267

43,740

3,547

3,680

2,669

393

7,712

246

1,670

19,917

18,552 1,365

19,917

The Department has received incentives in the form of cash and rent free periods on entering into property operating leases .

2011

$'000

2,130

1,746

384

2,130

11 ,487

6,455

17,942

17,847

17,942

2,896

3,108

1,243

3,318

536

1,975

13,113

11,443 1,670

13,113

277

278

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 8: Interest bearing liabilities

SA: Leases 1

Finance leases

Payable:

Within one year:

Minimum lease payments Deduct: future finance charges

Finance leases recognised on the balance sheet

Notes

2012

$'000

15A _____ _

2011

$'000

658

700

(42)

658

Finance leases exist in relation to certain comp uter and office equipment assets. The leases are non-cancellable and for fixed terms averaging 3 years, with a maximum of 4 years. Th e interest rate implicit in the leases averaged 5% (2011 : 5%). The lease assets secure the lease liabilit ies. Th e Department guarantees the residual values of all assets leased. There are no contingent rentals.

Note 9: Provisions

9A: Employee provisions Leave

Employee provisions are expected to be settled in:

N o m ore than 12 months M ore than 12 months

Total employee provisions

98: Other provisions

Provision for restoration obligations

Other provisions are expected to be settled in: More than 12 months

Carrying amount 1 July 2011

Am ounts used

Unwinding of discount or change in discount rate

Closing balance 2012

40,570

16,616 23,954

40 ,570

274

Provision for restoration

sâ‘ooo 634

(405)

274

33,005

15,464 17,541

33,005

634

Total

sâ‘ ooo 634

(405)

274

The Department currently has seven (2011 : 7) agreements for the lease of premises some of which have provisions requiring the Departm ent to restore the premises to their original conditio n at the conclusion of the lease. The Departmen t has made a provision to reflect the present value of this ob ligation.

During August and September 2012 the Department will consolidate most of its leased office accommodation and relocate to 4 National Circuit, Barton. This will result in releasing part of the provision for restorat ion obligatio ns in 2012-13.

PART It

ATTORNEY-GENERAL'S DEPARTMENT ANt-IUA R p r. T 2 1 2

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 10: Restructuring

Note 1 OA: Departmental restructuring

Functions assumed

Assets recognised

Ap propriation receivable

T otal assets recognised

L iabilities recognised

Employee provisions

Total liabilitie s recognised

Net liabilities assumed 5

E xpenses

Recognised by the Attomey-Generars Department 1.3

Recognised by the Depa rtment of Prime Minister and Cabinet 1

Recognised by the Department of Fam ilies, Housing,

Community Services and Indigenous Affairs 3

Tot

Functions relinquished Assets relinqui shed Cash

Trade receivables

Appropriation receivable

Other receivables

Leasehold improvements

Infrastructure, plant and equipment

Total assets relinqui shed

Liabilities relinqui shed

Trade creditors O ther payab!es

Employee provisi ons

Other provisions

Total liabili ties relinqui shed Net assets relinquished '

2012

Privacy and Freedom of Information (FOI) R eform

Department of Prime Minister and Cabinet 1

$'000

(459) (459)

(459)

401

303

704

Cyber Security Policy

Departmen t of Prime Minister and Cabinet 2

$'000

190

(190)

Australian Government Disaster Recovery Pa yment

Department of Fa milies. Hous ing, Community Services

and Indigenous Affairs 3

2011

Good governance to the Australian Territories through the maintenance and improvements of the overarching legislative framework for the se lf~ovem in g territo ries, and laws and services for the non-self ..goveming territories

Department of Regional Australia, Regional Development and Loca l Government 4

$'000 S'OOO

(100)

100)

44)

801

693

1,494

2.387 1

175 129

2,744

(80) (25)

(1,988)

(26

(2,119)

625

1. Privacy and Freedom of Information (FOI ) Reform function w as assumed from the D epartment of Prime M inister and Cabinet (P M& C) on 19 October 201 1 due to a restructu ring of administrative arrangeme nts. ( T he Department received S0 .332m from PM &C for paymen t of employee leave liabilities . This was transferred to AGO within Appropriation Act (No. 1) 2011 -2012 .)

2. Cyber Security Policy function was relinquished to the Departm ent of Prime Minister and C abinet on 14 December 2011 due to a restructuring of administrative arrangements.

3. The Australian Government Disaster Recovery Payment (AG DRP ) function was assumed from the Department of Families, Housing. Commun ity Services and Indigenous Affairs on 14 October 2010 due to a restructuring of administrative arrangements.

4. Services to Territories and Good governance to the Australian Territories through the m aintenance and improvements of the overarching legislative framework for the self-governing territorie s, and laws and services for the nonâ‘self-governing territories functions were relinquished to the Department of Regional Australi a on 14 Septembe r 2010 due to a restructuring of adm inistrative arrangements.

5. The net liabilities assumed from all entiti es were $0.459m (2010-11: S0.044m ).

6. The net assets relinquished to all entitie s were nil. (2010-11 : S0.625m).

279

280

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 10: R estructuring conti nued

N ote 108: Adm inistered !JSiructuring

Functions auumed

Assets recognised

ApptopriaUon receivable

Personal benefits reoelvable

Tol.ll assets recognised

Uabllltl es recognised Employee provisions

Total li abili ties recognised Net assets "n umed 1

Expen ses Recognised by the Attomey-Geneml's Departmen t 1

R ecognised by the Department of Families, H ousing, Communi ty Services and Indigenous

Affairs 1

Total e>:penses

Functions relinquished Assets relinquished

Cash Loans and receivables

Lend and buildings

lnfrastruclure. plant and equipment Intangibles

Inventories

Other Total assets reli nquished

Liabilitie s ,.llnqu lshed

T rada creditors Gmnts

Other payables

Employee provisions

Asbestos mmoval provision

Phosphate mine rehabllllatlon provision

Total li abiliti es relinquished

N ot assets relinquished "

$'000 $'000

Australfan Goverrvnent Disaster Recovery Payment

Department of Families, HouSing, Community Services

and lndlge~ Affairs

$'000

299

907,926

10.413 918.339

Good governance to the Austrnllan Tllfritories thrnugh the maintenance and Improvements of the overan::hlng legislative fra!Jl8WO(k for the self11ovening territories, and laws and services lor the non-self-governing territories

Department of Regional Australia, Regional DeVelopment and Local

Govemment 2

$'000

87,050 227,507 435,315 3,016

1,908

754,819

(11,811) (3,516) (92)

(1,815) (6,912)

(2,984) (27,130)

727.689

1. The Australian Government Disaster R acovery Payment (AGD RP) funcllon was assumed from the De partment of Families, Housing, Community Services and Indigenous Affairs on 14 October 2010 due to a mstructuring of administrative arrangements.

2. Services to Temtories and Good governance to the Australian Territories thrnugh the maintenance and Improvements of the 0V91'8n::hlng legislative frameYiori< for the self11ovemlng territories . and laws and servioes for the non-self-governing territories functions ware relinquished to the Department or Regional Australia on 14 September 2010 due to a I'IIStruc:turing of administrative arrangements.

3. The net assets assumed from all entrtles were nil (201~ 11 : S0.299m) .

4. The net assets mllnqulshed to all entities were nil. (201~1 1: S727 .689m) .

PART [j FINANCIAL STATEMENTS

A TTORNEY-GENERAL 'S DEPARTMENT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 11 : Cash flow reconciliation

Reconciliation of cash and cash equivalents as per Balance Sheet to Cash Flow Statement

Cash and cash equivalents as per:

Cash Flow Statement

Balance Sheet

Difference

Reconciliation of net cost of services to net cash from operating activities:

Net cost of services

Add revenue from Go vernment

Adjustments for non-cash items

Depreciation/amortisation

Impairment of financial instruments

Loss on revaluation of assets

Transfer of assets

Write-down of property, plant and equipment

Unwinding of makegood

Gain

C hanges in assets and liabilities

(lncrease)/decrease in net receivables

(Increase )/decrease in prepayments

(lncrease)/decrease in inventories

Increase/( decrease) in employee provisions

Increase/( decrease) in supplier payables

Increase/( decrease) in other payables

Increase/( decrease) in other provisions

Net cash from operating activities

p. p

2012

S'OOO

5,021

(283,446)

205,655

22,429

(14)

152

38,340

(360)

21 ,311

(1,871)

7,106

25,795

2,714 4,089

41 ,975

u 11

201 1

$'000

3,971 3,971

(236,591 )

218,819

18,139

170

172

(1,390 )

2,769

2,290

(2,847) 196

1,795

281

282

No tes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

No te 12: Contingent assets and liabilities

C laims for dam ages or cos ts Total

2012 2011 2012 2011

$'000 $'000 $'000 $'000

Contingent assets

Balance from previous period 42 42

New 10 42 10 42

Re-measure m ent 43 43

Total contingent assets 95 42 95 42

Continge nt liabilities

Ba lance from previous period (88) (88)

New (368) (88) (368) (88)

Re-meas ureme nt (25) (25)

Liabilities recognised 13 13

Total contin9ent liabilities (468) (88) (468) (88)

Net contin9ent liabilities (373) (46) (373) (46)

Quantifiable contingencies The D epartment estimates $468,000 of contingent liabili ties in respect to claims for damages /costs (201 1: $88,000). This amount represents an estimate of the Departm ent's liability based on precedent in such cases. The Departme nt is defend ing the claims.

The Department estimates $95,000 of contingent assets in respect of claims for damages /costs (201 1: $42,000). This amount represents the D epa rtment's estimate of claims against persons/organisations based on ongoing cases. The estimate is based on precedent in such cases.

Unquantifiable contingent liabilities The Department is party to a number of civil lit igation matters arising out of its statutory duty to adm inister the laws for wh ich it is responsible. As at the date of this report there are no matters where costs have been awarded against the Departmen t.

Unquant ifiable contingent assets Converse ly, the Department, like any other party to civil litigation may be entitled to recover costs arising out of such litigation if it is successful. There are no matters at the date of this report whe re the Department reasonab ly expects to have an award of costs in its favour.

Future compens ation claims The "Scheme for Co m pensation for Defective Administration " (CO DA) allows agencies to provide compensat ion to persons who have been adversely affected by their maladministration, but w ho have no legal means to seek redress, such as a legal claim. It is not possible to estimate the value of future CODA claims. The value of claims paid unde r this scheme during the financial year is disclosed at N ote 30.

PART TATE-ME-NT~

A TTORNEY-GENERAL'S DEPARTMENT I

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 13: Senior executive remuneration

Note 13A: Senior executive remuneration expense for the reporting period

Short-term employee benefits:

Salary (including annual leave taken)

Annual leave accrued Other

Total short-term employee benefits

Post-employment benefits Superannuation

Total post-employment benefits

Other long-term benefits Long service leave

Total other long-term benefits

Term ination benefits

Total employment benefits

Notes:

NNUAL REPORT 2011 12

2012 2011

$ $

(11,624,813) (11,627,212)

(129,506) (232,294)

(1 '158,372) (1 ,213,942 )

(12,912,691) (13,073,448)

(2,313,672) (2,053, 168)

(2,313,672) (2,053,168)

(381,096) (552,313)

(269,679)

(15,877,138) (15,678,929)

1. Note 13A was prepared on an accrual basis {therefore the performance bonus expenses disclosed above differ from the cash 'Bonus paid' in Note 138).

2. Other includes motor vehicle, other allowances and reportable fringe benefits.

3. Note 13A excludes acting arrangeme nts and part-year services where remuneration expensed is less than $150 ,000 .

283

284

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 138 : Average annual remune ration packages and bonus paid for substan tive senior executives during the reporting period

Average annual reportable remuneration 1

Total remuneration (Including part-time arrangements):

less than $150.000

$150.000 to $179 ,999

$180.000 to $209,999

$210 ,000 to $239 ,999

$240,000 to $269 ,999

$270,000 to $299,999

$300,000 to $329 ,999

$330,000 to $359 ,999

$510,000 to $539 ,999

Total

Average annual reportable remuneration 1

Total remuneration (including part-time arrangem ents):

less than $150 ,000

$150,000 to $179,999

$180,000 to $209 ,999

S21 0,000 to $239,999

$240,000 to $269,999

$270 ,000 to $299,999

$300,000 to $329,999

$330,000 to $359,999

$480 ,000 to $509,999

Total

Notes:

Senior E xecutive Officers No.

Senior Exec utive Officers N o.

Reportable

salary 2 s

58,427

123,438

165,569

183,448

215,659

225,415

268,720

276,029

470,747

Reportable

salary 2

66,720

125,030

166,890

171 ,961

190,353

209 ,786

262,218

300,480

435,015

2012

Co ntributed

superannuation 3

16,322

35,863

36,242

36,817

42,554

56,574

42,974

67,383

50,000

Reportable

allowances 4

6,534

252

5,062

2011

Contributed

superannuation 3

12,812

36,767

28,275

36.602

51,671

52,917

42,465

56,815

50,000

Reportable

allowances 4

6,647

342

4,296

B onu s paid 5

Bonus paid 5

16,492

14,080

9,421

12,538

17,729

18,495

18,565

Total s

74,749

159,301

201 ,811

226,799

258,213

281 ,989

311 ,946

343,412

525,809

Total s

96,024

175,877

211,233

221,443

259,753

281,198

323,248

357,295

489,311

1. This table reports substantive senior executives who received remuneration during the reporting period. Each row is an averaged figure based on headcount for individuals in the band .

2. 'Reportable salary' includes the following : a) gross payments : and b) reportable fringe benefits (at the net amount prior to 'grossing up' to account for tax benefits) .

4. 'Reportable allowances' are the average actual allowances paid as per the 'total allowances' line on individuals ' paymen t summar ies.

5. There were no 'bonus paid' in 2011 -12. In 2010 -11 'Bonus paid' represents average actual bonuses paid during the reporting period in that reportable rem uneration band.

6. Various salary sacrifice arrangeme nts w ere available to senior executives including superannuation, motor vehicle and expense paymen t fringe benefits. Sa lary sacrifice benefits are reported In the 'reportable salary' colum n, excluding salary sacrificed superannuation, which Is reported In the 'contributed superannuation' colum n.

PART l EME T

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 13C: Other highly paid staff

Average annual reportable remuneration 1

Total remuneration (including partâ‘time arrangements):

$150.000 to $179 .999

$180,000 to $209 ,999

$210,000 to $239.999

$240,000 to $269,999

$270,000 to 5299,999

Total

Average ann ual reportable remunera tion 1

Total remuneration (including part-time arrangements):

$150,000 to 5179 ,999

$180 ,000 to 5209,999

$210 ,000 to 5239,999

$240,000 to $269 ,999

$270 ,000 to $299 ,999

$330 ,000 to $359 ,999

Total

Notes:

1. This table reports staff :

Highly Paid Staff No.

Highly Paid Staff No .

a} who were employed by the Department during the reporting period;

Reportable

salary 2 $

132,576

167,703

199,012

143,653

251 ,139

R eportable

salary 2 5

128,491

136.761

166,254

148,648

189,106

239,370

b) whose reportable remun eration was $150,000 or more for the financial period; and c) we re not required to be disclosed in Tables A or B. Each row is an averaged figure based on headcoun t for individuals in the band .

2. 'Reportable salary' includes the following: a) gross payments ;

2012

Contributed Rep ortable sup erannua tion 3

allowances"

s $

24,487 598

24,495

24,134 85

21,626 93,779

23,011

2011

Con tributed Reportable

superannua tion 3

allowances"' s $

26.346 2,963

35,514 21.544

30,259 16,433

25.668 81 ,786

39,371 56,531

38,311 60,000

b) reportable fringe benefits (at the net amount prior to 'grossing up' to account for lax benefits) : and c) exempt foreign employment income .

Bonus paid 5 Total

$ s

157,661

192,198

223,231

259 ,058

274,150

Bonus paid' Total

$ $

427 158,227

2,853 196,672

4.527 217,473

256,102

285,008

337 .681

3. The 'contributed superann uation' amount is the average actual superannuation contributions paid to senior executives in that reportable remuneration band during the reporting period. including any salary sacrificed amounts, as per individuals' payslips. 4. 'Reportable allowances' are the average actual allowances paid as per the 'total allowances' line on individuals' payment summaries .

5. There were no 'bonus paid' in 2011-12. In 2010-11 'Bonus paid' represents average actual bonuses paid during the reporting period in that reportable remuneration band .

6. Various salary sacrifice arrangements were available to senior executives including superannuation, motor vehicle and expense payment fringe benefits. Salary sacrifice benefits are reported in the 'reportable salary' column . excluding salary sacrificed superannuation, which is reported in the 'contributed superannuation' column .

285

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 14: Remuneration of auditors

Financial statement aud it services were provided free of charge to the Department.

The fair value of services provided was :

No other services were provided by the auditors of the financial statements.

286 PART (i

2012

$'000

405

2011

$'000

340

ATTORN EY-GENERAL 'S DEPARTMENT

Notes to and forming part of the Financial Statements for the period 1 July 2011 to 30 June 2012

Note 15: Financial instruments

15A: Categories of financial instruments

Financial assets Loans and receivables: Cash and cash equivalents Goods and services receivable

Carrying amount of financial assets

Financial liabilities At amo rtised cost: Trade creditors Finance leases

Carrying amount of financial liabilities

158: Net income and expense from financial assets

Loans and receivables Impairment

Net gain/(loss) from loans and receivables

15C: Net income and expense from financial liabil ities

Financial liabilities -at amortised cost Interest expense

Net gain/( loss) from financial liabilities- at amortised cost

150: Fair value of financial assets and liabilities

Notes

SA SB

2012

$'000

5,021 9,558

14,579

43,740

43 ,740

(37)

2011

$'000

3,971 4,990

8,961

17,942 658

18,600

(18)

(180)

The Departme nt considers that the carrying amounts of financial instruments reported in the balance sheet are a reasonable approximation of fair value.

287

288

Notes to and forming part of the Financial Statements for the period 1 July 2011 to 30 June 2012

Note 15: Financial instruments continued

15E: Credit risk

Th e Department is exposed to minimal credit risk as loans and receivables are cash and trade receivables. The maximum exposure to credit risk is the risk that arises from potential default of a debtor. This amount is equal to the total amount of trade receivables of $9,558,398 in 2012 (2011: $4,989,927). Th e Department has assessed the risk of default on payment and has allocated $20,237 in 2012 (2011: $35,997) to an impairment allowance account. This amount has been determined following an assessment of invoices greater than 90 days past due.

Th e Department has policies and procedures that guide employees in debt recovery techniques that are to be applied.

f I The o lowmg ta bl â‘11 h D e 1 ustrates t e epartment's gross exposure to ere d' . k 1t ns , exc luding any collateral or credit enhancements. 2012 2011

Notes $'000 $'000

Loans and receivables Cash and cash equivalents SA 5,021 3,971

Trade receivables 56 9,558 4,990

Total 14,579 8,961

Th e Department holds no collateral to m itigate against credit risk.

Credit quality of financial instruments not past due or individually determined as impaired:

Not Past Not Past

Due Nor Due Nor Past due Past due

Impaired Impaired or impaired or impaired 2012 2011 2012 201 1

$'000 $'000 $'000 $'000

Loans and receivables Cash and cash equivalents 5,021 3,971 -

Trade receivables 6,617 4,268 2,941 722

Total 11,638 8,239 2,941 722

Ageing of financial assets that were past due but not impaired for 2012:

0 to 30 31 to 60 61 to 90 90+

days days days days Total

$'000 $'000 $'000 $'000 $'000

Loans and receivables

Trade receivables 1,338 765 197 621 2,921

Total 1,338 765 197 621 2,921

Ageing of financial assets that were past due but not impaired for 2011:

0 to 30 31 to 60 61 to 90 90+

days days days days Total

$'000 $'000 $'000 $'000 $'000

Loans and receivables

Trade receivables 408 44 107 127 686

Total 408 44 107 127 686

PART

ATTORNEY-GENERAL 'S DEPARTMENT

Notes to and forming part of the Financial Statements for the period 1 July 2011 to 30 June 2012

Note 15: Financial instruments continued

15F: Liquidity risk

The D epartment's financial liabilities are trade creditors and finance leases. The exposure to liquidity risk is based on the notion that the Department will encounter difficulty in meeting its obligations associated with financial liabilities .

This is highly unlikely due to appropriation funding and other funding m echanisms available to the De partment (eg Advance to the Finance Minister) to ensure it has adequate funds to meet payments as they fall due. In addition, the Department has policies in place to ensure timely payments are made when due and has no past experience of default.

Maturities for non-derivative financial liabilities 2012

On w ithin 1 to 5 >5

demand 1 year years years Total

2012 2012 2012 2012 2012

Notes $'000 $'000 $'000 $'000 $'000

Financial liabilities at amortised cost

Trad e creditors 7A - 43,740 - - 43,740

Total - 43,740 - - 43,740

Maturities for non-derivative financial liabilities 2011

On within 1 to 5 >5

demand 1 year years years Total

2011 2011 2011 2011 2011

Notes $'000 $'000 $'000 $'000 $'000

Financial li abiliti es at amortised cost

Finance leases SA - 658 - - 658

Trade creditors 7A - 17,942 - 17,942

Total - 18,600 - - 18,600

15G : Market risk

The Department holds basic financial instruments that do not expose it to market risks. The Departmen t is not exposed to 'Currency risk' or 'Other price risk' .

Interest rate risk

The only interest-bearing items on the Balance Sheet are finance leases. All bear interest at a fiXed interest rate and will not fluctuate due to changes in the market interest rate.

I 289

290

Notes to and forming part of the Financial Statements for the period 1 July 2011 to 30 June 2012

Note 16: Financial assets reconciliation

Financial assets

Total financial assets as per balance sheet Less: non-financial instrument components Appropriation receivable GST receivable from the Australian Taxation Office

Other Impairment allowance

Total non-financial instrument components Total financial assets as per financial instruments note

PART

2012

$'000

88,398

70,813 3,009 17

(20)

73,819

14,579

201 1

$'000

108 ,643

97,946 1,621 151 (36)

99 ,682

8,961

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for the £!!!.dod 1 Ju/~ 2011 to 30 June 2012

2012 2011

Notes $'000 sâ‘ooo

Note 11: Administered -expenses 1

11 A: Employ ee benefits

Wages and salaries 871 2,003

Leave and other entillements 10 275

SuperannuatiOn :

Defined benefrt plans 6

Defined contribution plans 137 327

Other employee benefits 17 448

Total employee benefits 1,035 3,059

118: Suppliers 2

,Goods and services

Consultants and contractors 3,023 13,432

Administration ofTerritories 11,628

Training and equipment purchases 14,148 15,402

'Travel 340 529

Information technology and communications 3,915 230

Emergency Management Australia payments to the States 6,652

Contnbution to Family Court of Western Australia operations 18,762 18,170

General office 7,234 20.409

Total goods and services 47,422 86,452

Goods and services are m ade up of:

ProvisiOn of goods -related entities 101 443

Provision of goods- external parties 8,218 12,858

Rendering of services -related enlitles 10,933 8,788

Rendering of services -external parties 28,170 64,363

Total goods and services 47,422 86,452

other supplier expenses Minimum lease payments 528

Total other supplier expenses 528

Total supplier expenses 47,422 86,980

11C: Subs idies

Payable to external parties:

Law Court& Limited 2,426 9,698

Services to Indian Ocean Terrl1ories 26

Total subsidies 2,426 9,724

170: Personal benefits'

Direct:

Australian Government Disaster Recovery Payments 79,879 829,123

Pa ymen ts to victims of natural disasters 181 149,692

Former Solicitor Generals Pension -Interest cost 300

Federal Proceedings Cost Ad 741 827

Total personal benefits 81,101 979,642

17E: Grants 2

Public sector:

Australian Government entitles (related entitles) 7,238 9,867

State and Territory Governments 1,449 9,044

Local Governments 3,722 4,322

Private sector:

Non-profrt organisations 144,187 137.459

Other private sector 15,555 15.593

Overseas 4,806 8,965

Other grants:

Fam ily relationship support payments 152,094 152,207

Other grants 44,727 51,962

Total grants 373,n8 387,219

291

292

Notes to and fonning part of the financial statem ents for the period 1 July 2011 to 30 June 2012

Note 17: Administered -expenses continued

17F: Depreciation and amortisation

D epreciation:

B uildings

P roperty, plant and equipment H eritage and cultural assets

Total depreciation

Amortisation:

Intangibles: Phosphate mine lease Intangibles: Software

Total amortisation Total depreciation and amortisation

17G : Write-down and impairment of assets

Asset w ri te-downs and impairments from: Impa irment on financial Instruments

Impairment on personal benefrt recoveries

Impairment of property, plant and equipme nt Impairment of intangibles

Total write-down and impairment of assets

17H : Paymen ts to CAC bodies "

Australian lnstnute of Criminology

Australian LBw Reform Commission Crim inology Research Councll

Total payments to CAC bodies

171: Transfer of assets

Assets transferred free of charge 5

Total other expenses

Notes

2012 $'000

2,642

241 241 2,883

1,571

1,596

2011

$'000

1,459

8,037 112

9,608

313

399

10,007

951

280

1,246

6,770

3,152 205

10,127

7,219

The 2010-11 comparatives include three months expendnure relating to the administration of the Australian Territories funcllons which were transferred to the Department of Regiona l Australia, Regional Development and Local Government effective from 1 October 2010 (Note 108 refers) .

Du ring 2011-12, the Department reclassified payments made to the Fam ily Court ofWeste.rn A ustrafiB from 'grants to State and Territory Govemrnents' to supplier expenses as these payments did not meet the definitio n of a grant Comparatives have been restated accordingly.

The prior year com parative shows payme nts ma de to Individuals under the Australian Government Disaster Recovery Program (AGDRP) , Disaster Income Recovery Subsidy (DIRS) Program and N ew Zealand residents under the DIRS program In response to the 2010-11 natural disaster events.

" O n 17 December 2010, the Australian lnstifute of Criminology, the A ustralian Law Reform Commission and the Criminology Research Council became prescribed agencies under the Financial Man!lgamant and Accountability Act 1997 with affect from 1 July 2011 . No payments we re made to these agencies by the Departme nt in 2011-12.

'No transfer of assets occurred in 201 1-12. (The transfer of assets for 2010-11 re)ates to the transfer of the Australian Ministerial Briefing Room wh ich was transferred from the Attorney-General's Department to the Departme nt of Prime Minister and Cabinet (S1 .0m) and tne D epartment of Parliamentary Se rvices ($6.219 m ).)

PART (j

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and fonning part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 18: Administered -Income 1

OWN-SOURCE REVENUE

Taxation revenue

18A: Other taxes Levies -Christmas Island conservatlon

Non-taxation revenue

188: Sale of goods and rendering ofservlces

Sale of goods -external parties

Rendering of services -related entities Rendering of services -external parties

Total sale of goods and rendering services

18C: Fees and fines Fees - lOT vehicle registration , licences and programmes

180: Interest

Loans -State and Territory Government Other loans

Total interest

18E : Dividends Australian Government entitles -Australian Government Solicitor

18F: Rental income

Rent-lOT domestic and commercial properties

18G: Royalties Mining royalties -Christmas Island phosphate mine lease

18H: Competitive neutrality

Australian Government entitles -Australian Government Solicitor

181: Recoveries 1

Personal benefit recoveries

18J: Other non-taxation revenue

Recovery of unspent grant funding

Torres Sttalt Regional Authority receipts

Other revenue

Total other revenue

Notes

2012

$'000

185

5,613

5,798

2,061

7,000

4,929

829

1,340

600

1,941

2011

S'OOO

361

222 380

10,696

11 ,298

867

3,441 119

3,560

5,858

973

562

4,8n

3,279

The 2010-11 comparatives Include three months revenue relating to the administration of the Australian Territories functions which were transferred to the Department of Regional Australia . Regional Development and Local Government effective from 1 October2010 (Note 108 refers)

The Department has an arrangement with the Department of Human Services (DHS) to provide claiming channels and claim processing arrangements In naspect of disaster recovery payments . The amount of $0.829m represents the value of recovery action undertaken by DHS .

293

Notes to and forming part of the financial statements tor the period 1 July 2011 to 30 June 2012

Note 19: Administered -financial assets

19A: Cash and cash equivalents Cash on hand or on deposit

198: Loans and receivables Goods and services:

Goods and services receivable -related entities Goods and services receivable -external parties

Total receivables for goods and services

Advance s and loans 1:

State and Territory Governments

Total advances and loans

Other receivables: Other

Personal benefrt recoveries 2 GST receivable from Australian Taxation OffiCe

Total other receivables

Total receivables (gross)

Less: impainnent allowance account Goods and services Personal benefrt recoveries

Total impalnnent allowance account

Total trade and other receivables (net)

Rec eivables are expected to be recovered In: No more than 12 months

Total trade and other receivables (net)

Receivables were aged as follows:

Not overdue

Overdue by:

0 to 30 days 31 to 60 days

61 to 90 days

More !han 90 days

Total receivables (gross)

The impalnnent allowance account Is aged as follows: Overdue by:

31 to 60 days More than 90 days

Total impainnont allowance account

Credit terms were wilhin 30 days (2011: 30 days).

Notes

2012

$'000

2,544

2,614

37,588

646

3,001 3,343

6,990

47,192

(2,521)

44,671

43,637

208

342

3,005

47,192

(2,521)

2011

$'000

169

2,195

2,226

36,029

418

3,578 3,446

7,442

45,697

(1)

(950)

(951 )

44,746

44.746

44,746

42,102

3,593

45,697

(1)

(950)

(951)

'loans are made to State and Tenitory Governments for periods up to 100 years. No security Is required . Principal will be repaid In full by maturity. Interest rates are either fiXed or variable. Interest payments are made annually.

This amounts represents recovery action undertaken by Department of Human Services.

PART

ATTORNEY -GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 19: Administered -financial assets continued

Reconciliation of the lmpalnnent Allowance Account 'Movements In relation to 2012

Opening balance

Amo unts recovered and reversed Increase recognised In net defiCit

Closing balance

Movements In relation to 2011

Open ing balance

Amounts transferred und er restructuring of adm inistrative arrangem ents Increase recognised in net deficit

Closing ba lance

19C : Investments

Investments In associates:

Australian Institute of Criminology 1

A ustral ian Governme nt Solicitor

Australian Law R efonn Commission 1

CriminoJogy Research Council 1

H igh Court of Australia

.Investments In jointly controlled entitles :

Law Courts Lim ited

Total investments

Investments expected to be recovered In: M ore than 12 mo nths

Totel investments

Details of investments

Na me of entity

Jointly controlled entitles :

Law Courts Limited 2

Associates:

A ustralian Institute of Criminology

Australian Gove rnme nt Solicitor

A ustrali an Law Re form Commissio n

Crim inology Resea rch Council H igh Co urt of A ustralia

Notes

Goods and services $'000

(1)

166

(166) 1

2012

$'000

Personal benefit recovery $'000

950

1,571

2,521

950

44,354

225,342

106,794

376,490

Ownership

2012

45.7

100

2011

sâ‘ ooo

Total $'000

951

(1)

1,571

2,521

166

(166) 951

951

1,918

46,100

1,062

879

222.82o

123,268

396,052

201 1 %

50.1

100

O n 17 December 2010, the Australian Institute of Crim inology, the Australian Law R efonn Commission and the CriminoJogy R esearch Council became prescribed agencies under the FlnancfBI M anagement and Accountability Act 1997 with effect from 1 July 2011. The Departmenrs Investment in these entities was fully im paired at 1 July 2011

2 The published fair value for the investment in Law Courts Limited Is $106 .794m (2011: S123.268m) .

This note should be read In conjunction with Note 25.

I 295

296

Notes to and fonning part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 20: Administered -non-financial assets

20A: Property, plant and equipment

Other property, plant and equipm ent:

Fair value Accumulated depreciation

Total other property, plant and equipment

Total property, plant and equipment

No Indicators of impairment wern found for property , plant and equipment

Notes

208

No property, plant or equipment Is expected to be sold or disposed of within the next 12 months .

Revaluation of non-financial assets

2012

$'000

5,417 (146)

5,271

201 1

$'000

11 ,642 (5,663) 5,979 5,979

Ail revaluations were conducted In accordance with the revaluation policy stated at Note 1. A revaluation of property, plant and equipment was underteken by an Independe nt valuer with effect from 30 June 2012 .

A revaluation Increment of $581 ,234 (2011: nillncremenVdecrernent) for property, plant and equipment was credfted to the asset revaluation surplus by asset class and included in the equity section of the balance sheet.

PART

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for tho period 1 July 2011 ro 30 June 2012

Noto 20: Admlnlstorod -non -financial assots continued

Note 208: Reconciliation of the opening and closing balances of property plant and oauicmont 12011-121

A!!. ot 1 July 2011

Gross book value Accumulated depreciation and Impairment

Net book value 1 July 2011

Additions: By purchase Rev aluation and Impairments recog nised through other comprehensive Income Depreciation expense

Other mov em en ts ' Disposals Other-Infrastructure, plant and equ1pment

Not book vatuo 30 June 2012

Not book valuo as of 30 Juno 2012 ropresented by: Gross book value Accumulated depreciation and Impairment

Not book voluo 30 Juno 2012

Total land

Land Buildings and buildings

$'000 $'000 $'000

E P RT

Olhor

Horltago property, and plant&

cultural' equlpmont Total

$'000 $'000 $'000

11 ,642 11,642

(5,663) (5,663)

5,979 5,979

1,666 1,666

581 581

(2,642) (2,642)

(287) (287)

(26) (26)

5,271 5,271

5,417 5,417

(146) (146)

5,271 5,271

Land. bulld1ngs and other property, plant and equopment that met the definition or a hentage and cultural item were disclosed In lhe heritage and cultural asset class

' Other movements relate to the capJtahsaUon or an Asset Under Construction to an Internally Developed Software AsseL

Roconclllatlon of tho oponlng and closing balances of proeartv. plant and egulpmont (2010-11)

Other

Heritage property,

Total land and plant&

Land Bwldtngs and buildings cultural 1 equipment Total

$'000 $'000 $'000 $'000 $'000 $'000

As at 1 July 2010 Gross book value 82.241 146,248 228,489 66,550 370,745 665,784

Accumulated depreciation and Impairment (67) (671 (21 (3,2561 (3,3251

Net book value 1 July 2010 82,241 146,181 228,422 66,548 367,489 682,459

Additions: By purchase 154 390 544 22,632 23,176

Other movements : assets transferred to Departmen t or Regional A ustralia, Regional Development & Local Government 1,625 (390) 1,235 1,235

Other movements ' (7,219) (7,219}

Depreciation expense (1,459} (1,459} (112) (8,037) (9,608)

Disposals From disposal or entitl es or operations (Including restructuring) (82,395) (145,112) (227,507) (66,436) (368,879) (662,822) Other ~1.625) 390 (1.235l !7l (1,242)

Not book valuo 30 June 201 1 5,979 5.979

Not book value as of 30 Juno 2011 roprosontod by: Gross book value 11,642 11,642

Accum ulated depreciation and Impairment (5.683) (5,663)

Not book value 30 Juno 2011 5,979 5,979

1 Lend, buildings and other property, plant and equipmen t that met the definition or a heritage and cultural Item were disclosed 1n the heritage and cultural asset class.

'This represents the transfer or the Australian Ministerial Briefing Room and cntlcal components of the Crisis Coordlnallon Centre from the Attorney-General's Department to the Department of Pnme Minister and Cabinet ($1.0m) and the Department of Pa~lamentary Services (S6.219m).

297

298

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Nota 20: Administered -non-flnanclal assets continued

20C : Intangibles

Computer software:

Internally developed -In use Pu rchased

Total computer software (gross)

Accumulated amortisation Total computer software (nat)

Total Intangibles

No Indicators of impairment were found for intangible assets.

No Intangibles are expected to be sold or disposed of within the next 12 months .

PART

Nota

200

2012

$'000

287

1,318

1,605 (736)

869

2011

S'OOO

1,105

1,105 (495)

610

ATTORNEY-GENERAL 'S DEPARTMENT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 20: Adm inistered â‘non-financial assets continued

Note 200: Reconciliation of the opening and closing balances of intangibles (2011-12)

As at 1 July 2011 Gross book value Accumulated amortisation and Impairment

Net book value 1 July 2011

Additions: By purchase Internally developed

Amortisation

Other movements 1

Net book value 30 June 2012

Net book value as of 30 June 2012 represented by: Gross book value Accumulated amortisation and Impairment

Net book value 30 June 2012

Computer software internally developed

$'000

389

(389)

(29)

287

258

676

(418)

258

Computer software purchased $'000

1,105 (495)

610

213

(212)

611

1,318 (707)

611

Phosphate mine lease $'000

Other movements relate to the capitalisation of an Asset Under Constructlon to an Internally Developed Software Asset.

Reconciliation of the opening and closing balances of intangibles (2010-11)

Co m puter software Computer intemally software Phosphate

developed purchased mine lease

$'000 $'000 $'000

As at 1 July 2010 Gross book value 373 1,245 3,000

Accumulated amortisation and impairment (22) (307)

Net book value 1 July 2010 351 938 3,000

Additions: By purchase lntemally developed 16

Impairments recognised in operating result (279) (1)

Amortisation (88) (225) (86)

Disposals: From disposal of entitles or operations Oncluding restructuring) (102) (2,914)

Net book value 30 June 2011 610

Net book value as of 30 June 2011 represented by: Gross book value 389 1,105

Accumu lated amortisation and impairment (389) (495)

Net book value 30 June 2011 610

Total $'000

1,494 (884)

610

213

(241)

287

869

1,994 (1,125)

869

Total $'000

4,618 (329)

4,289

(280)

(399)

(3,016)

610

1.494 (884)

610

299

300

No tes to and fanning part of the financial statements (or the period 1 July 2011 to 30 June 2012

Note 20: Admin istered- non-fi nancial assets continued

20E : Other non.flnanclal assets

Prepayments

No indicators of impairment were found for other non-financial assets.

Total other non.flnanclal assets-are expected to be recovered In:

No more than 12 months

More than 12 months

Total other non-financial assets

Note 21: Adm inistered -payables

21A: Suppliers Trade creditors and accruals

Supplier payab les expected to be settled within 12 months:

Related entitles External parties

Total suppliers

Supplier payables are current liabilities . Settlement Is usually net 30 days.

21 B: Grants and subsidies

P ublic sec1or.

Australian Governme nt entitles (related entitles)

State and Territory Governments

Local Governments

Private sector:

N on-profit organisations

Overseas

Other

Total grenta and subsidies

Total grants and subsidies-are expected to be settl ed In:

No more than 12 months

Total grants and subsidies

Notes

2012

$'000

3,276

3,047

229

3,276

3,811

3,795

3,811

647

1,437

2,953

275

764

6,091

Settlement Is usually made according to the terms and conditlons of each grant This is usually Within 30 days of performance or eligibility .

21C : Other pavablas

Prepayments received/unearned income

Salaries and wages

Superannuation

Other

Total other payables

Total other payables are expected to be settled In:

No more than 12 months

Total other payab les

Note 22: Administered -provisi ons

22A: Employee provisions

Leave

Employ ee provisions are expected to be settle d in:

N o more than 12 months

More than 12 mo nths

Total employee provisions

PART

749

136

885

2011

S'OOO

308

290

308

2,461

2,452

2,461

4,957

314

2.047

3.358

10,023

20,699

899

961

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 22: Administered -provisions continued

228: Superannuation provisions

Present value of defined benefrt obligations at end of the year

Personal benefits provisions are expected to be settled In: No more than 12 months More than 12 months Total personal benefrts

Accounting policy:

Notes

Actuarial gains and losses are recognised immedlalely in administered equity In the year in which they occur.

Scheme information:

2012 $'000

7,007

400

6,607

2011

sâ‘ooo

5,200

400

4,800 5,200

Pens ion payments to former Solicitors-General are made under the Judges' Pension Sche me. The Judges' Pension Sch eme is a defined benefrt scheme . It provides 80% of the appropriate current judicial salary for eligible retired judges. The scheme is unfunded. Members do not contribute towards the cost of benefits.

Reconciliation of the present valu& of the defined benefit obligation :

Net liability at 1 July

Current service cost

Interest cost

Actuarial galns/(iosses)

Benefits paid

Net liability at 30 June

Reconciliation of the fair value of scheme assets:

Opening fair value of scheme assets

Emp loyer contributions 1

Bene fits paid

Closing fair value of scheme assets

Emp loyer contributions Include appropriatio ns from the Consolidated R&Venue Fund .

5,200

300

1,900

(393)

7,007

(393)

393

Reconciliation of the net surplusl(deflcit) to recognised assets and liabilities In the schedule of assets and liabilities administered on behalf of Government:

30 June 2012

As at $'000

Defined benerrt obllslatlon 7,007

Net superannuation liability 7,007

Total expense recognised In the schedule of compreh ensive Income administered on behalf of Government:

30 June 2012

For the period ended $'000

Interest cost 300

Net superannuation expense 300

Amounts recognised directly in administered equity:

30 June 2012

For the period ended $'000

ActuarJal gains/(losses) (1,900)

Cumulative amo unt of actuarial gains and losses recognised In administered equity:

30 June 2012

For the perfod ended $'000

Cu mula tive amount of actuarial gainsl(losses) (2,100)

5.100

300

200

(4001

5,200

400

(400)

30 June 2011 $'000

5,200

5.200

30 June 2011 sâ‘ooo

300

30 June 2011 S'OOO (200)

30 June 2011 sâ‘ooo

(200)

301

302

Notes to and fonning part of the financial statements tor/be period 1 July 2011 to 30 June 2012

Note 22: Admlnlsmred -provisions continued

Scheme auete:

The scheme Is an unfunded arrangement with no assets.

Expected rate of return on scheme assets:

Notes

The expected retum on assets assumption Is not relevant as the sche,me Is an unfunded arrangement with no assets.

Principal actuarial assumptions at the balance sheet date:

For the period ended

Discount rate Expected salary Increase rete

Expected pensloo Increase rate

Other material assumptions:

2012 $'000

30 June 2012 sâ‘ooo 3.10% 4.00% 4.00%

2011

sâ‘ooo

30 June 2011 $'000

5.30% 4.00% 4.00%

The demographic assumptions used as at 30 June 2012 are those used for the preparation of the Long Tenn Cost Report for the Judges' Pension Scheme as at 30 June 2011. The demographic assumptions used as at 30 June 2011 are lhasa used for the preparation of the Long Tenn Cost Report for the Judges' Pension Scheme as at 30 June 2011.

Benefits payable (indudlng payments of surcharge debt) under the Judges' Pension Act 1968 and the Superannuation (Productlvity Benefit) Act 1988 are paid from Consorldated Revenue on an emerging (or pay as go) basts. Thus contributions made equal benefits paid for the Judges' Pension Scheme (lnduding former Sollcitor-Genemrs Pensions).

Hlstoricallnfonnatlon 1 :

For the period ended

Present value of defined benefit obligation

Surplus/(deflclt) in scheme

Experience adjustments gainl(loss)- scheme liabiloties

30 June 2012 sâ‘ooo 7,007 7,007 (1,900)

30 June 2011 $'000

5,200 5,200 (100)

30 June 2010 $'000 5,100 5,100

From 1 January 2010 responsibility for management of the Judges Pension Scheme (exduding the Fonner Soiicitor-Generars Pensions) was transferred to the Department of Finance and Deregulation. Prior to this date the Department had responsibility for the whole function and it was reported as such.

The expected employer contributions in respect ol2012-13 are $450,000.

Funding arrangements for employer contributions :

Contribution 1'8C0mmendalions

The Scheme is unfunded. The defined benefits are not funded in advance.

Funding method

Where a benefit In the Scheme becomes payable, the Australian Government assumes responsibility for the payment from the Consolidated Revenue Fund

Economic assumptions

The long-term economic assumptions adopted for the last actuao1al review of the scheme as at 30 June 2006 were:

Expected rate of retum on assets (discount rate)

Expected salary Increase rate

Expected pension Increase

Nature of assellllabillty:

3.1% 4.0% + a promotional salary lnctaase scale 4.0%

The Department has recognised a roablllty In the Schedule ol Administered Assets and Llablhtles In respect of Its defined benefit superannuation arrangements administered on behalf of the GovemmenL The Former Solidtor-Generars Pension Scheme does not impose a legalllablloty on the Department to cover any deficit that exists In the scheme .

The liability Instead rests with the Australian Government The Government has established the Future Fund for the purpose of accumulating assets to help meet this liability . The Future Fund Is also intended to cover other superannuation unfunded liabllitles lndudlng In relation to mllolary schemes , Commonwealth public servants and Governors-General.

PART /i

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for the period f July 2011 to 30 June 2012

Note 23: Admin istered -cash flow reconclllatlon

Notes

Reconciliation of cash and cash equivalents as per Administered Balance Sheet to Administered Cash Flow Ststsment

Cash and cash equivalents as per:

Schedule of administered cash flows Schedule of administered assets and liablliUes

Difference

Reconciliation of net cost of services to net cash from operating activities :

Net cost of services

Adjustments for non-cash Items

.Oepreciatlon/amortfsatlon

Net write down or non-financial assets

Actuarial loss -fanner Solicitor-General Pension

Changes In assets and liabilities

(lncrease}'deaease In net receivables

(lncrease}'deaease in prepayments

(lncrease)/decrease In inventories

lncrease/(decrease) In employee provisions

Increase!( decrease) in supplier payables

lncrease/(decrease) In grant payables

lncrease/(decrease) In other payables

lncrease/(decrease) in other provisions

Net cash !rom operating activities

Note 24: Administered -contingent assets and liabilities

Unquantlflable administered contingencies

Natural D isaster Relief and Recovery Arrangements (NDRRA)

p T 2

2012 $'000

(487,633)

2,883

(1,900)

894

(2,968)

(46)

1,639 (14,608)

(76)

{501,840)

2011

S'OOO

169

(1.463,575)

10,007

(200)

32,935 (302)

2,008

(1,822)

(5,881)

1,668

(794)

~11,105)

{1,437,041)

Under the NDRRA , the Commonwealth provides Statas and Territories a scheme of loans assistance at a concesslonalinterest rate to eligible small businesses and primary producers whose assets have been slgnifocantly damaged as a direct resu~ of a natural disaster.

At balance date the Department Is unable to reliably estimate the future value of these potential ciaims, and no provision for these cialms has been recognised In the Administered financial statements.

The Department Is party to a number of civil litigation matters arising out or rts statutory duty to administer the laws for which It Is responsible. As at the date of this report thera are no matters where costs have been awarded against the Department.

Conversely, the Department. like any other party to civil fotigation may be entltled to recover costs arising out of such fitigation if it is successful There are no matters at the date of this report where the Department reasonably expects to have an award or costs in its favour.

Future compensation claims

The "Scheme for Compensation for Defective Administration " (CODA ) allows agencies to provide compensation to person who have been adversely affected their maladministration, but who have no legal means to seek redress, such as a legal cialm, It rs not possible to esUmate the value of future CODA claims. The value or claims paid under this scheme during the financial year is disclosed at Note 30.

303

304

Notes to and forming part of the financi al statements for the period 1 July 2011 to 30 June 2012

Note 25: Administered Investm ents

The Australian Governmen t owns 100% of the following entitles :

'H igh Cou rt of A ustralia- s17 of the High Court of Australia Act 1996

'Australi an Government Solicitor -s55M of the Judiciary Act 1903

Law Courts ltd Is a company limited by guarantee and Is jointly controlled by the Australian and NSW Governments . The primary pu(J)OSe of the company Is to provide a courts facUlty being the joint Sydney Law Courts Building. The building Is currently undergoing a major refurbishment program. The Investment taken up by the Australian Government Is based on the net assets of Law Courts Ud , adjusted by the accumulated capital contnbutlons made by the Australian Government to the company up to 30 June 2012.

The principal activities of each of the Departmenfs administered Investments are:

" Law Courts Umited is a jointly controlled Australian GovernmenVNew South Wales company limited by guarantee established to manage the Sydney Law Courts Building

" The High Court, as the highest court In Australian judicial system. I nterprets and applies the law of Australia, decides cases of special Commonwealth significance including challenges to the constitutional validity of laws, and hears appeals from Federal, State and Territory Governments

" The Australian Government Solicitor is a Commonweanh Authority providing national legal services to the Government and its agencies In a contestable environment

PART

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for llle period 1 July 2011/o 30 June 2012

Note 26: Administered " flnonclallnstrumonts

26A : categories of financlllllnstruments

Flnanelalusets Loans and recetvab6es :

cash and cash equiva5ents

Trade reoelvables

Loans

Otller receivables Persooal benef~ re<:oVefies

1Avallable for sale:

lnvesb'nents

carrying amount of financial assets

Flnonclalllabllltlu

" At amortised cost Trade cradrtors

Grants end aubsidtes payable

C arryi ng omount of flnonclalllabllltles

268; Net Income find exotnu from financial UHtl Loans and recafvab-. Interest revenue

Impairment on fmanclallnstrumonts

Impairment of personal benefrt l'eOO\Iedes

Net goinl(loss) from loons and receivables

Available lor ule

OMdend revenue

Net galnl(lou) from avoltsble for Sollie

Net gain from flnanclalanets

26C; Ftlr yalue of flnancJal tgttl

Notes

IliA 198

198

19C

21A 218

180

17G

18E

2012

$'000

2,614

37,588

a.e 3,001

376,490

420,339

3,811

6,091

9,902

2,061

(1,571)

490

7,000

7,490

2011

$'000

16Q

2,226

36,029

418

3.578

396,052

436,472

2.461

20,699

23,160

3.560 (8)

(951)

2,601

5,858

5.858

8,459

The Department considefl that the canyfng amounts of fonanclallnstruments reported In the be lance sheet are a reasonable approximatloo of fair value.

26P ; Crodlt risk

The Administered BdM1Ies of the Department are exposed to minimal cradrt risk as the majority olllnanclal assets are irade receivables, advances and loans lo Slate and Territo

The Oepanment has policies and p(OC:edures that guide employ..,. on debt recc~~e~y techniques that are to be applied,

The following table muatrates the Departmenfo gross oxposuro to credit risk. Tho Department holds no colllt.nol to mltlgata credit risk.

2012 2011

Notos $'000 5'000

loons and nocelvobles Cash and cash equivalents 19A 169

Trade receivables 198 2,614 2.226

Loans 198 37,586 36.029

0t11er receivables 198 S.6 418

Persooal benefrt- 198 3,001 3,578

Availoble for Slle

lnvestmon1s 19C 376,.490 396.052

Total 420 339 436.472

Credit quollty of flnonclallnotrumonts not past due or Individually dot.nnlnad as impaired

Not Post Not Past Put due Past due

DUe Nor Due Nor

Impaired Impaired lrnpalrod Impaired

2012 2011 2012 2011

$'000 5'000 $'000 $'000

Loans "nd rwcetvables Cash aoo cash equivalents 189 .

Trade receivables 2,060 2,209 554 17

loans 37,588 36,029 . .

Otller receivables S.6 418 .

Personal benefrt recovelles 3,001 3.578

Available for Ale

Investments 376,490 396,052 .

Total 416 784 434.8n 3,555 3,595

305

306

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 26: Administered -financial instruments continued

Ageing of financial assets tflat are past due but not Impaired for 2012

Loans and receivables Trade receivables

Personal benefit recoveries

Total

Ageing of financial assets that are past due but not impaired for 201 1

Loans and receivables

Trade recelVables

Persona l benefit recoveries

Total

0 to 30 31 to 60

days days

$'000 $'000

208 342

Oto30 31 to 60

days days

$'000 $'()()()

- -

-- -

61 to 90 90+

days days Total

$'000 $'000 $'000

4 554

- 480 480

484 1,034

61 fo90 90+

days days Toml

$'000 $'000 $'000

1 15 16

2.628 2,628

1 2.643 2,644

Trade recelVables have been individually assessed for impairment by departmental officers. Recovery of debt has been considered based on commun icatiOn with the debtor, and where determined to be unrecoverable an allowance was recognised.

26E: Liquidity risk

The Departmenrs financial liabilities are trade credttors, grants and subsidies payable. The exposure to llquidtty risk is based on the notion that the Department will encounter difflc(Jity in meeting its obligations associated with financial liabilities . This Is highly unlikely due to appropriation funding and mechan isms available to the Departmen1 (eg Advance to the Finance Minister) and Internal policies and procedures put In place to ensure there are appropriate resources to meet Its financial obligations .

The Department receives appropriations and manages tts funds to ensure it is able to meet its financial obligations as they fall due. The Department also has policies in place to ensure timely payment of invoices and has no past history of defauk.

Maturities for non-

On wtthln 1 to 5 >5

demand 1 year years years Total

2012 2012 201 2 2012 2012

Notes $'000 $'000 $'000 $'000 $'000

Llabilitf es at amortised cost

Trade creditors 21A 3,811 - 3,811

Grants and subsidies payable 218 - 6,091 - 6,091

Total - 9,902 - 9,902

Maturities for non-

On within 11o 5 >5

demand 1 year years years Total

2011 2011 2011 2011 2011

Notes $'000 $'000 $'000 $'000 S'OOO

Liablll tfes at amortised cost

Trade creditors 2iA - 2,461 2,461

Grants and subsidies payable 218 20,699 - 20,699

Total - 23,160 - - 23,160

26F: Market risk

The Department holds basic financial instruments that do not expose the Department to marltet risks. The Department is also not exposed to 'currency risk' or 'other price risk' .

Interest 151te risk

The only Interest-bearing items on the schedule of assets admlnlstered on behalf of Government are loans made to State and Territory Govemments . All those bearing interest are at a fiXed Interest rate that does not fluctuate due to changes in the mar1

PART

ATTORNE Y- GENERAL'S DEPARTMENT

Notes to and fonning part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 26: Adm inistered -financial instruments continued

26G: Con cesslonal loans

Natural D isaster Relief and Recovery Arrangements

Nomina l value

Less: Unexpired discount

Principle repayment

Carrying value

Total Natural O lsas1er Relief and Recovery Arrangements

Note 27: Admin istered financial assets reconciliation

Financial assets

Total financial assets as per schedule of administered assets and liabilitie s

Less: non-financial instrument components

GST receiVable from the Austrafian Taxation OffiCe

Impa irment allowance

Total non-financial instrument components

Total financial assets as per financial instruments note

2012 2011

$'000 $'000

50,429 48,949

(4,529) (5,315)

(8,312) {r.605)

37,588 38,029

421 ,161 440,967

3,343 3,446

(2,521) (951 )

822 2,495

420,339 438,472

307

Notes to and forming part of the financial statements forthe period 1 Jufy 2011 to 30June 2012

Note 28 : Appropriations

T3ble A : An nual aporoorlallons {'rccoverotb le GST exclusive')

Notes:

Annual Appropriations Appropri01tion reduced 111

$'000

229,525

429,683 (9,94~)

5,7011

Section 30 $'000 Section 31 $'000

32,595

(1) Appropriations reduced under Appropriation Acts (No 1 & 3) 2011-12: sections 10,11 , 12 and 15 and under Appropriation Acts (No 2 & 4) 2011-12 : oectlons12, 13, 14 and 17. (Reier Note 28F). (2} The variance or appropriation for ordinary annu al services represents expenditure of prior year appropriations for capital projects. (3) The variance is due to the timing or expenditure for capital projects. (4) The variance is the represents the payment of invoices received in 2011-12 financial year for expenses accrued in 2010..11 financial year. (5) The variance relates to NORRA loans to state governments which are awa iting approval.

DEPARTMENTAL Ordinary annual services IZI

Other services

(1) Appropriations reduced under Appropriation Act.s (No 1 & 3) 2010-11 : sections 10.11 , 12 and 15 and under Appropriation Acts (No 2 & 4) 2009â‘10: sections 12, 13, 14 and 17. (Refer Note 28F).

(2) The variance of appropriation for ordinary annual services represents expenditure of prior year appropriaUons for capital projects.

(3) The variance is due to the t "ming of expenditure for cap1tal projects.

(4) The variance is the represents the payment of invoices received in 2009â‘10 financial year for expenses accrued in 2()()8...09 financial year

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 28: Appropriations continued

Table B: Departmental and administered capital budgets ('re coverable GST exclusive')

2012 Capital Budget Appropriations

Appropriation Act FM A Act

Annual Capital Appropriations Budget reduced 2 S ection 32

$'000 $'000 $'000

DEPARTMENTAL Ordinary annual services -Departmental Capital Budget 2 22,419 - -

ADMINISTERED Ordinary annual services -Admi nistered Capital Budget 2

891 - -

N otes:

Capital Budget Appropriati on applied in 2012 (current and prior years)

Total Capital Payments for Payments for Budget non-financial other Total

Appropriations assets 1 purposes payments Variance

$'000 $'000 $'000 $'000 $'000

22,419 21,596 - 21,596 823

891 - - 891

1 Payments made on non-financi al assets include purchase of assets, expend itur e on assets which has been capitalised , costs to make good an asset to its original condition, and the capital repayment compone nt of finance leases.

2 Departm en tal and Adm inistered Capital Budgets are appropriated through Appropriation Acts (No 1 & 3) . They form part of ordinary annual services, and are not separately identified in the Appropriation Acts.

Capital Budget Appropriation applied in 2011

' 2011 Capital Budget Appropriations (current and prior years)

Appropriation Act FMAAct

Total Capital Payments for Payments for

Annual Capital Appropriations Budget non-financial other Total

Budget reduced 2 Section 32 Appropriations assets 1 purposes payments Variance

$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

DEPARTMENTAL Ordinary annual services -Dep artm ental Capital Budg et 2 17,036 - - 17,036 8,102 - 8,102 8,934

ADMINISTERED Ordinary annual services -Adm inistered Capital Bu dget 2 9,871 - - 9,871 8,742 - 8,742 1,129

Notes:

1 Paymen ts made on non -financial assets include purchase of assets, expend iture on assets w hich has been capitalised, costs to make good an asset to its original conditi on, and the capital repayment comp onen t of finance leases.

2 Departmental and Administered Cap ital Budgets are appropriated through Appropriation Acts (No 1 & 3). Th ey form part of ordinary annual services, and are not sepa rately identified in the Appropriation Acts.

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Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 28: Appropriations continued

310 PART

Table C: Unspent annual appropriations ('recoverable GST exclusive')

Authority DEPARTMENTAL 2006/07 Appropriation Act 3 2007/08 Appropriation Act 1 2007/08 Act 2-Non Operating-Previous Years Outputs 2007/08 Appropriation (NTER) Act (no.1) 2007-2008 2008/09 Appropriation Act 1 2008/09 Appropriation Act 3 2008/09 Act 4 -Non Operating -Equity Injection 2009/10 Appropriation Act 1 2009/10 Act 2-Non Operating-Previous Years Outputs 2009/10 Appropriation Act 3 2009/10 Act 4-Non Operating-Previous Years Outputs 2010/11 Appropriation Act 1 2010/11 Appropriation Act 1 -Capital Budget (DCB) -Non Operating 2010 /11 Act 2-Non Operating-Equity Injection 2010/11 Appropriation Act 3 2011 /12 Appropriation Act 1 2011 /12 Appropriation Act 1 -Capital Budget (DCB) -Non Operating 2011/12 Act 2-Non Operating-Equity Injection 201 1/12 Appropriation Act 3

20 11 /12 Appropriation Act 3-Capital Budget (DCB) -Non Operating 2011/12 Act 4-Non Operating-Equity Injection Total

Authority ADMINISTERED

2006/07 Act 2 -Non Operating -Administered Assets and Liabilities 2007/08 Act 2 -Non Operating -Administered Assets and Liabilities 2007/08 Retained Prior Years Appropriation 2008/09 Act 2 -N on Opera ting -Administered Assets and Liabilities

2008/09 Retained Prior Years Appropriation 2009/10 Appropriation Act 1

2009/10 Act 2 -Non Opera ting -Administered Assets and Liabilities 2009/1 0 Appropriation Act 3 2009/10 Appropriation Act 4 -SPP 2010/11 Appropriation Act 1

2010/11 Appropriation Act 1 -Capital Budget (DCB) -Non Operating 2010/11 Appropriation Act 3 2011/12 Appropriation Act 1 2011/12 Appropriation Act 1 -Capital Budget (DCB) -Non Operating 2011/12 Appropriation Act 2-SPP

2011/12 Act 2 -Non Operating -Administered Assets and Liabilities Total

2012 $'000

1,541

2,105 287 578

1,996 86

5,385

2,228 79

489

16,506 298 86

26,013 3,757 621

1,698

5,700 1,327 70,812

2012 $'000

56,039 81

5,015

2,500

3,541

1,231

1,128 1,790 7,244 891

214

11,055 90,729

2011

$'000

1,731 8,074 2,105 287 27,979

1,996 86

4,653

2,228 79

489

36,354 8,933 2,920

97,946

2011 $'000

56,039 104

2,596 5,015 21 ,250

9,309

9,453 773 1,231 8,491 1,128 57,149

172,538

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements tor the period 1 July 2011 to 30 June 2012

Note 28: Appropriations continued

Tab le 0: Specia l aPprop riations ('recoverable GST exclusive')

A ...

Appropriation Applied 2012 2011

Authority Type Purpose $'000 $'000

National Firearms Program Implementation Act 1996 Unlimited To provide for financial assistance and other expenditure in connection with the implementation of the national firearms program. All transactions under this Act are recognised as Administered items.

National Handgun Buyback Act 2003 '

Law Officers Act 1964 2

Unlimited To provide for financial assistance for qualifying payments made by Sates and other expenditure in connection with the implementation of the handgun buyback and related purposes.

Unlimited To make payments of pensions and benefits to former Solicitors Genera L All transactions under this Act are recognised as Administer ed items.

667

393

Social Security (Administration ) Act 1999 3 Unlimited To enable the payment of income support payments. All transactions under this Act are recognised as Administered items. 1

78,472 829.123

Financial Management and Accountability Act 1997 Refund

Total

' One qualifying payment was made during 2011 -12. (N il in 2010-1 1).

To provide for payments under Section 28 of the FMA Act. All transactions under this Act are recognised as Administered items.

79,540 829,180

On 1 January 2010 the Department of Finance and Deregulation (DoFD ) assumed responsibility for payments under the Judges' Pensions Actl 968 which included pension payments to former Solicitors -General. In 2010-11 DoFD made payments from the incorrect appropriation. These payments were in breach of the Financial Management and Accountability Act 1997 as the payments should have been made from the Law OffiCers Act191l4. In 2011-12 the Departmen t provided DoFD with a valid drawing right to enable the payments to be made to former Solicitors-General.

The prior year comparat ive refelcts the substantial level of payments made to individuals under the Australian Government Disaster Recovery Progra m in response to the 2010-11 natural disasters.

The following Agencies have been issued with Drawing Rights, that permit them to spend money from the consolidated revenue fund on behalf of the Departmen t:

*Department of Human Services "Insolvency and Trustee Services Australia *Department of Fami lies, Housing , Community Services and Indigenous Affairs

311

312

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

N ote 28: Appropriations continued

PART

Table E: Disclosure by agent in relation to annual and special appropriations ('r ecoverable GST exclusive')

2012 Total receipts Total payments

2011

Total receipts

Total payment s

Australian Public Service Commission -Payments in relation to the Remuneration Tribunal Act 1973 s7{13) Remuneration {including salary) or allowances

$'000 3,536 3,536

Australian Public Service Comm ission " Payments in relation to the Remuneration Tribuna/Act 1973 s7{13) Remuneration {includi ng salary) or allowances

$'000

3,381

3,379

Department of Finance and Deregulation Parliamentary Entitlements Act 1990 s11 , 5 {1){b} and Parliamentary Entitlements Regulations 1997, Part 3-Legal assistance to ministers

$'000

De partment of Finance and Deregulati on Parliamentary Entitlements Act 1990 s 11 , 5 {1 ){b) and Parliamentary Entitlements

Regulations 1997, Part 3-Legal assistance to m inisters

$'000

220

218

Other Spec ial Appropriations that had nil balances at the end of the 2011-12 financial year and where there were no transactions debited or credited to them du ring the 201 1-12 financial year are:

" Na tive Titl e Act 1993 Purpose : Payment of successful Native Title compen sation claims " N ational Firearms Program Implementation Act 1998 Purpose: Payment of comp ensation for firearms surrendered in 3 External Territories " National Firearms Program Implementation Act 1997 Purpose: Payment of compensa tion for surrendered firearms not covered by the 1996 legislation (certain autom atic weapons) " National Crime Authority (Status and Rights of former Chairman) Act 1984 Purpose : Payments of remun eration and allowances " High Court of Australia Act 1979 Pu rpose: Sa lary and Allowances of Judges â‘Judges (Long Leave Payments) Act 1979 Purpose : To make provision for long leave payme nts for judges " Federal Court of Australia Act 1976 Purpose : Sa lary and allowances of judges

" Family Law Act 1975 Purpose : Sa lary and allowances of judges " Crimes (Superannuation Benefits) Act 1989 Pu rpose: Superannua tion benefits pa id or payab le to or in respect of certain persons convicted of corruption offences " Commonwealth Places (Application of Laws) Act 1970 Purpose: Applicatio n and adm inistration of laws in places acquired by the Commonwealt h for public purposes

" Classification (Publications , Films and Comp uter Games) Act 1995 Purpose: Paym ents to the States regarding costs of administering the scheme " Federal Magistrates A ct 1999 Purpose : To make provision for death or invalidity benefits for judges

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 28: Appropriations continued

Table F: Reduction in administered items ('recov erable GST exclusive')

Amount required 2 - by Appropriation Act

2012 Ordina!l: Annual Services Act(No.1) Act (No.3)

Outcome 1 410,894,000.00 8,845,000.00

Other Services Act (No.2) Act (No.4)

Specific payments to States, ACT, NT and Local government Outcome 1 5,709,000 .00 0.00

Total amount Total amount required 2

appropriated 3 Total reduction "

419,739 ,000.00 429 ,683,000.00 9,944,000.00

5,709,000.00 5,709,000 .00 0.00

1. Administered items for 2012 were reduced to these amounts when these financial statements were tabled in Parliament as per the Attorney-Gene ral's Department 2012 annual report. This reduction is effective in 2013 , but the amounts are reflected in Tab le A in the 2012 financial statements in the column 'Appropriati on reduced' as they are adjustments to 2012 appropriations . 2. Amou nts required as per Appropriation Act (Act 1 s 11 ; Act 2 s 12).

3. Total amou nt appropriated in 2012 .

4. Total reduction effective 2013.

Amount required 2 - by Appropriation Act Total amount Total amount Total reduction " required 2 appropriated 3

2011 Ordina!l: Annual Services Act(No.1) Act(No.3)

O utcome 1 415,4 76,268.43 105,303,181 .13 520 ,779,449.56 578,813,000.00 58,033,550.44

Outcome 2 10,423,661.84 0.00 10,423,661 .84 18,005,000.00 7,581 ,338.16

Other Services Act (No.2) Act (No.4)

Specific Payments to States, ACT, NT and Local government Outcome 1 6,899,000.00 0.00 6,899 ,000.00 7,608 ,000.00 709,000.00

1. Administered items for 2011 were reduced to these amounts when these financial statements were tabled in Parliament as per the Attorney-General's Department 2011 annual report. This reduction is effective in 2012, but the amou nts are reflected in Table A in the 20 11 financial statements in the column 'Appropriation reduced' as they are adjustments to 2011 appropriations .

2. Amou nts required as per Approp riation Act (Act 1 s 11 ; Act 2 s 12).

3. Total amou nt appropriated in 2011. 4. Total reduction effective 2012 .

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Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

No te 29: Special accounts

Services for Other Entities

Christmas Island Phosphate Services on beha lf of other and Trust Mo ney-Attorney-

Mining Rehab ilitation Governments and non public Other Trust Monies Account General's Departm ent (Administered) 1

bodies (Administered) 2

(Administered) 3

Special Accoun t 4

2012 2011 2012 20 11 2012 2011 2012 201 1

$'000 $'000 $'000 $'000 $'000 $'000 $'000 $'000

Balance brought forward from previous period

Increases:

Appropriation credited to special account

Receipts

O ther receipts

Total increases

Available for payments

Decreases:

Administered

Payments made: suppliers 5

Restructuring transfer

Appropriation debited from special account

Total decreases

Total ba lance carried forward to the next period

1. Appropriation: Financial Management and Accountability Act 1997; section 20.

Establishing Instrument: Financial Management and Accountability Determination 200611 1.

- 2,788 15,837

- -

610 -

- - -

- 610 -

- 3,398 15,837

- - -

- (3,398 -

- - (15 837\

- (3,398\ (15,837

15,755 1,869 1,846

- - 17,706

85,931 - 1,701 8,254

85,931 - 1,701 25,960

101 ,686 1,869 3,547 25,960

(85,849 - (1,678\ (15,436

- - -

- - - -

(85,849 (1,869 (1,678 (15,4361

15,837 1,869 10,524

Purpose: To manage the funding provided for the rehabilitation of phosphate m ine sites on Christmas Island in accordance with the requirements of the lease between Phosphate Resources Limited and the Australian Government.

As a consequence of 14 Sep tember 2010 administrative arrangements the management of this account transferred to the Department of Regional Australia, Regional Development and Local Government (Note 108 refers).

2. Appropriation: Financial Management and Accoun tability Act 1997; section 20.

E stablishing Instrument: Financial M anagement and Accountability Determination 2008115 .

Purpose : For expend iture in connection with services perform ed on behalf of other Governments and bodies that are not Agencies under the FMA Act.

3. Approp riation: Financial M anagement and Accountability Act 1997; section 20.

Establishing Instrument: Financial Management and Accou ntabilit y Determination 2008115.

Purpose : For expenditure of monies held on trust or otherwise for the benefit of a person other than the Australian Government.

4. On 1 July 20 11 the Minister for Finance and Deregulation abolished the O ther Trust Money and Services for Other Government and Non-Age ncy bodies account and established the Services for Other En tities and Trust M oney -Attorney-General's Departm ent Special Account.

In 2010-11 as a result of an agreement between the Com m onw ea lth and Q ueensland Governmen t this account is used to ma ke payments for the Queensland Prem iers Flood Relief Appea l. The Queensland Department of Prem ier and Cabinet made payments into the account which the Department transferred to Centrelink to make payment to eligible recipients .

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 29: Special accounts (continued)

I' ~

Compliance with Statutory Conditions for Payments from the Consolidated Revenue Fund

T 0 1

The Attorney-General's Department (AGO) reported in its 2010-11 financial statements that a risk assessment would be undertaken in relation to comp liance with the statutory and other legal requirements, including constitutional requirements, relevant to its special appropriations and special accounts.

In accordance with guidelines provided by the Department of Finance and Deregulation, this risk assessment was prepared during the year and entailed:

identifying each special appropriation and special account as listed at Table A below;

reviewing the associated relevant legislation to identify the statutory conditions on payments ;

determining the risk of non-compliant payments being made by reviewing the statutory conditions and assessing the extent to which existing payment systems and processes satisfy those conditions;

assessing the effectiveness of the internal control procedures to confirm the results of the risk assessments and to quantify the number of non-compliant payments that have occurred during the financial year;

obtaining legal advice, as appropriate, to resolve questions of potential non-compliance; and

considering legislative or procedural changes to reduce the risk of non-compliance in the future.

Having regard to the guidelines provided by the Department of Finance and Deregulation, AGO has identified the following appropriations involving statutory conditions for payment:

Five special appropriations ; and

One special account.

At 30 June 2012 , work has been completed in respect of all appropriations with statutory conditions for cash payments .

For Australian Government Disaster Recovery Payments (AGDRP) made under the Social Secu rity Act 1991 and So cial Security (Administration) Act 1999 , the Department of Human Services (DHS) provides assessmen t and payment services on behalf of AGO in disaster-affected locations to claimants assessed as being eligib le and who meet the statutory cond itions authorising the payments . The conditions and circumstances under which payments are made m ay contribute to a circumstance where an incorrect payment arising from a mistake or otherwise occurs.

Table A below provides further information on findings the risk assessment undertaken for each of the special appropriations and special account.

In summary , work undertaken up to 30 June 2012 , including prior years, identified that for AGDRP payments under the Social Security Act 1991 and Social Security (Adm inistration) Act 1999 there were:

" As at 1 July 2011 , 2,696 potential non-compliant payments totaling $3,369,655 identified;

During the 2011-12 financial year, 2,881 potential non-compliant prior years payments totaling $3,490,935 identified; and

220 payments made in 2011-12 that are currently under investigation wh ich could be potential contraventions.

315

Notes to and forming part of the financial statements for the period 1 Jul 2011 to 30June 2012

Note 29: Special accounts continued

Table A- Summary

Appropriations identified as subject to conditions

SPECIAL APPROPRIATIONS :

Soc ial Security Act 1991 and Social Security {Administration) Act 1998

National H andgun Buyba ck Act 2003

Law Officers Act 1984

Financial Management and Accountability Act 1997

N ational Firearms Program Implementation A ct 1996

SPEC IAL ACCOUNTS:

Services for Other Entities and Trust Moneys- Attorney-Gen eral's Department Special Account (SOETM Special Account)

Expenditure in Risk Asse ssment

2011-12

Completed

$'000

78,472 Yes

667 Yes

393 Yes

8 Yes

Yes

15,436 Yes

Breaches identifi ed from 1 July 2011 to 30 June 2012

Number

Actual Potential Recovered/waived $'000 $'000 $'000

5,577 0 6,861 3,866

Nil 0 0 0

l l

Note 1: There are currently 220 payments made in 2011-12 that have been identified for investigation w hich could be potential contraventions of section 83 of the Cons titut ion.

LP -legislative change to the Acts planned

Potential breaches to date yet Remedial action taken or

to be resolved

proposed 1

Yes/No Indicative extent

Yes

Refer Note 1

below

No N/A N/A

No N /A N/A

No N/A N/A

No N/A NIA

ATTORNEY-GENERAL'S DEPARTMENT ANNUAL REPORT 2011 12

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 30: Compensation and debt relief

Departmental

No 'Act of Grace ' expenses were incurred during the reporting period. (2011 : No expenses ).

No waivers of amounts ow ing to the Australian Government were made pursuant to subsection 34(1) of the Financial Management and Accountability Act 1997 . (2011 : No waivers)

No payments were provided under the C ompensation for Detriment caused by Defective Administration (CODA) Scheme during the reporting period. (2011: No payments ).

No ex-gratia payments were provided for during the reporting period. (2011 : No payments).

No payments were provided in special circumstances relating to APS employment pursuant to s73 of the Public Service Act 1999 during the reporting period (2011 : One payment ).

Administered

No 'Act of Grace ' expenses were incurred during the reporting period. (2011 : No expenses).

No waivers of amounts owing to the Aus tralian Government were made pursuant to subsection 34(1) of the Financial Management and Accountability Act 1997 . (2011 : No waivers)

No payments were provided for under the Compensation for Detriment caused by Defective Administration (CODA) Scheme during the reporting period. (2011 : No payments ).

No ex-gratia payments were provided for during the reporting period. (2011: No payments).

No payments were provided in special circumstances relating to APS employment pursuant to s 73 of the Public Service Act 1999 during the reporting period. (2011 : No payments ).

2012 $

2011

14,000

317

318

Notes to and forming part of the financial statements for the penod 1 July 2011 to 30 June 2012

Note 31 : Reporting of outcomes

The Department uses budgeted average staffing levels to determine the attribution of its shared Items, The basis of attribution in the Table Is consistent with the basis used for the 2011-12 Budget.

31A: Net cost of outcome delivery

Outcome 1 is described in N ote 1.1. Ne t costs shown mclude Intra-government costs thal are eliminated in calculating the actual Budget Outcome . Refer to Outcome 1 Resourcing Tab le of this Annual Report

The 2010-11 comparatives for Outcome 2 include three months revenue and expenses relating to the administration of the Australian Territories functions wh ich was transferred to the Department of Reg ional A ustralia, Local Governm ent, Arts and Sport effective from 1 Oc tober 2010 (Note 10A and 108 refers).

" Paymen ts to CAC Act bodies are not related to outcomes . They are included here so the total can agree to the resourcing table .

PART Fl"lANCIAL STATtM~N rc,

ATTORNEY-GENERAL'S DEPARTMENT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 31 : Reporting of outcomes continued

31 8: Ma jor classes of departmental expense. income. assets and liabilities by outcomes

Outcome 1

2012 201 1

$'000 $'000

Departmental Expe nses:

Employees 177,910 163,679

Suppliers 81,477 81 ,829

Depreciation an d amortisa tion 22 ,429 18,132

O ther expens es 236 41 8

Tran sfer of assets 38,340

Total 320 ,392 264,058

Departmental Income:

Incom e from go vernm ent 205,655 216,789

Sale of goods and services 36 ,541 29,059

O ther income 405 340

Total 242,601 246,188

D epartmen tal Assets:

C ash and cash equivalents 5,021 3,971

Trade and other receivables 83,377 104,672

Land and buildings 75,289 64,948

Property, plant and equipme nt 25,776 23,107

Intangibles 29,315 38,251

Inventories 58

O ther nonâ‘fi nancial assets 4,001 2,130

Total 222,779 237,137

Departmental Liabili ties:

Suppliers 43,740 17,942

Other payables 19,917 13,113

Leases 658

Employee provisions 40,570 33,005

Other provisions 274 634

Total 104,501 65,352

O utcome 1 is described in Note 1.1.

ANNUAL REPORT 2011-12

Outcome 2 Total

2012 2011 2012 2011

$'000 sâ‘ ooo $'000 $'000

1,722 177,910 165,401

24 1 81 ,477 82,070

7 22,429 18,139

236 418

38,340

1,970 320,392 266,028

2,030 205,655 218,819

37 36,541 29,096

1 405 341

2,068 242 ,601 248,256

5,021 3,971

83,377 104,672

75,289 64,948

25,776 23,107

29,315 38,251

4,001 2,130

222,779 237 ,137

43,740 17,942

19,917 13,113

658

40,570 33,005

274 634

104,501 65,352

T he 2010-11 compara tives for O utcome 2 include three months revenue and expenses relating to the administration of the Australian Territories functions which was transferred to the Department or Regional Australi a, Local Government , Arts and Sport effective from 1 October 2010 (Note 10A refers).

I 319

320

Notes to and forming part of the financial statements for the period 1 July 201 1 1o 30 June 2012

Note 31: Reporting of outcomes continued

31C : Major classes of administered exoense. income . assets and liabilities by outcomes

Outcomo1 2012 2011

$'000 $'000

Administered Exponoos: Employee benefit s 1,035 393

Suppllenr 47,422 66,213

Subsidies 2,.426 9,696

Person al be nefits 1

81 ,101 979,642

Grants 373,778 382,721

W nt

Depraciatloo and amonlsatloo 2,883 3,088

CAC Act body payment "ems -

Oth8f expenses 7.219

Total 510,241 1,450,220

Admlnister:ed Income :

Dividends 7,000 5,858

Compe titive neutrality 4,929 4,872

Salo of goods and rendotil]g of servtce. 5,798 6,431

Fees and ffnes -

Interest 2,061 2,445

Rental income -

Royalties Rocov8fles 829 3,279

other reveo ue 1,941 18

Othor tax

Total 22,558 22,903

Admln lstanod AsMts: cash and cash equivalents 169

Loans and receivables 44,671 44.746

Investme nts 376,490 396.052

Property, planl and equipment 5,271 5,979

Intangibles 869 610

other nonâ‘Onandal assets 3,276 308

Total 430,577 447,864

Adminlstenod Ltabllltlos : Suppliers 3,811 2,481

Grants and subsidies 6,091 20,699

Otller payables 885 961

Employee provisions 46

Superannuation provlslons 7,007 5,200

Total 17,794 29,387

Ou tcome 1 is described in No te 1.1.

Payments to CAC Act

Outcome2 bod ies'" Total

2012 2011 2012 2011 2012 2011

$'000 $'000 $'000 S'OOO $'000 $'000

2.666 1,035 3,059

20,767 - 47,422 88,960

- 26 2,426 9,724

81,101 979,642

4.498 373,778 387,219

- 1,596 1,246

8,919 2,883 10.007

- 10,127 10.127

- - 7,219

34,878 10,127 510,241 1.495,223

7,000 5,858

4,929 4,872

- 4,667 - 5,798 11,296

887 - - 887

1,115 2,061 3,580

973 973

562 562

829 3,279

1,941 18

381 381

8,745 22,558 31,648

- 169

44,871 44,746

- 376,490 396,052

5,271 5,979

869 610

3,276 308

430,577 447,864

3,811 2,481

6,091 20,699

- 685 961

- 7,007 5,200

17,794 29,387

Th e 2010 -11 com paratives for O utcome 2 include three mon ths revenue and expe nses relating to the admin istration of the Aust ralian Territories func tions which was transferred to the D epartm ent of Regional Au stralia. Loca l G overnmen t, A rts and Spo rt effective from 1 O ctober 2010 {N ote 108 refers).

The prior year comp arative reflects the substan tial level of payments mad e to individua ls un der the Australian G overnmen t Disaster R ecovery Program , Disas ter Income Recovery Su bsidy Program and New Zealand residents in respons e to the 2010-11 natural disas ter even ts.

(J j:.INAt-.CIAL STAHME-NTS l

AT T ORNEY- G E N E RA L'S DEP A RTME NT

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 32: Cost recovery

32A : Receipts subject to cost recovery policy Significant cost recovery arrangements AusCheck background checking service 1 July 2010-30 June 2012

Other cost recovery arrangements Sale of publications Federal Register of Legislative Instruments (FRLI) registration fees Protective security training registration fees Legislative drafting

Total receipts subject to cost recovery policy

328: Administered receipts sublect to cost recovery policy Significant cost recovery arrangements Classification Fees Septem ber 2011 - June 2013 Other cost recovery arrangements

ASNE T Levy

Total receipts subject to cost recovery policy

ANNUAL REPORT 2011-12

Notes

2012

$'000

13,200

438 3,433 1,767 1,105 19,943

5,501

172

2011

$'000

7,920

363 2,457

778 1,070

12,588

6,151

176

6,327

321

322

Notes to and forming part of the financial statements for the period 1 July 2011 to 30 June 2012

Note 33: Net cash appropriation arrangements

Total comprehensive income (loss) less depreciation/amortisation expenses previously funded through revenue appropriations Plus: depreciation/amortisation expenses previously funded through revenue appropriation Total comprehensive income (loss) â‘as per the Statement of Comprehensive

Income 1

1. Th e table below shows non-cash items contributing to the comprehensive loss attributable to AG O :

Total comprehensive income (loss) attributable to AGO Plus: extraordinary items

(a) Transfer of assets received free of charge

(b) Unfunded depreciation

Total comprehensive income (loss) attributable to AGO excluding extraordinary items

2012 $'000

(79,994) 1,813

(78,181)

2012 $'000

(78,181)

38,340

20,616

5,648 390

(13,187)

2011 $'000

(19, 128) 1,356

(17,772)

(a) Transfer of assets free of charge -The Personal Property Securities (PPS) register , contact centre and registrar's office was transferred from the Attorney-Gene ral's Department to Insolvency and Trustee Service A ustralia (ITSA). Funding for the PP S contact centre and registrar's office was provided to the Attorney-General's Department as contributed equity in the current and previous financial years and was transferred free of charge at a value of $38.340 million . ITSA will recognise the transfer of the asset as revenue in their financial statements and from a whole of government perspective the transaction is cost/revenue neutral.

(b) Unfunded depreciation -From 2010-11 , the Government changed its arrangements for funding capital expenditure for Departments of State and Agencies within the meaning of Section 5 of the Financial Management and Accountability Act 1997 . Funding for capital expenditure is now provided through the Departmental Capital Budget (DCB) Statement and is recognised through equity as a contribution by owner (refer Statement of Changes in Equity).

There is no direct correlation between the amount of funding foregone for depreciation and amortisation expenses and DCB funding, as depreciation expense is incurred on assets, including large project assets, while DCB funding is provided to replace assets. An unfunded depreciation and am ortisation expense of $20.616 million was recorded in the 2011-12 financial year (Note 3C refers) .

(c) Employ ee provisions-Employee provisions, which include annual, long service and some superannuation liabilities , are required under the accounting standard AASB 119 Employee Benefits and under FMO Section 43.3 to be valued at their Present Va lue (PV) at balance date. This is done by discounting the leave provision using the 10-Year Government bond rate. A movement in the 10-year Governme nt bond rate, will therefore change the amo unt used to discount leave provisions.

In the past year, the 10-year Government bond rate has decreased, resulting in AGO increasing the PV of its leave provisions by $5.648 million. The need to increase the PV of the leave provision resulted in a corresponding non -cash expense being recorded in the Stateme nt of Comprehensive Income , adding to the operating loss (refer (c) above).

(d) Asset revaluation decremen t-A revaluation of property, plant and equipment was undertaken by an independent valuer with effect from 30 June 2012 . A revaluation decrement of $0.502m for property, plant and equipment (PP&E) was debited against the asset revaluation surplus by asset class and included in the equity section of the balance sheet. Additional PP&E assets located at Mount Macedon were recognised on the asset register for the first time. The fair value of these assets at 30 June 2012 is $0.112m and was credited to the asset revaluation surplus and included in the equity section of the balance sheet.

PART (i FINANCIAL ') TATEMI:N TS

ATTORNEY-GEN E RA L'S DEPARTMENT I ANNUAL REPORT 2011-12

Appendixes

Appendix 1 Reporting arrangements for the portfol io 325

Appendix 2 Changes to Attorney-General's Department Outcome and Program structure

Appendix 3 Service charters

Appendix 4 Advertising and market research

Appendix 5 Legal services expenditure

Appendix 6 Staffing profile

Appendix 7 Staff achievements

Appendix 8 Extradition and mutual assistance

Appendix 9 International Criminal Court

Appendix 10 List of requirements

327

329

331

333

335

339

344

350

354

323

Reporting arrangements for the portfolio

Reporting requirements under the Ad

Elements

Administrative Appeals Tribunal

Administrative Review Council

Australian Commission for Law Enforcement Integrity

Australian Crime Commissio n

Aus tralian Customs and Border Protection Service

Australian Federal Police

Australian Government Solicitor

Australian Human Rights Commission

Australian Institute of Criminology

Australian Institute of Police Ma nagem ent

Australian Law Reform Commiss ion

Australian Security Intell igence O rganisation

Australian Transaction Reports and Analysis Centre

Classification Board

Classification Review Board

Copyri_ght Tribunal of Australia

CrimTrac

Defence Force Discipline App eal Tribuna l

Family Court of Australia

Reporting arrangements

325

Elements

Family Law Council

Federal Court of Australia

Federal Magistrates Court of Australia

High Court of Australia

Insolvency and Trustee Service Australia

National Crime Statistics Unit

National Institute of Forensic Science

N ational N ative Title Tribunal

Office of Parliamentary Counsel

Office of the Au strali an Information Commissioner

Office of the Director of Public Prosecutions

Solicitor-Gener al

Key

Reporting arrangements

8&E

A: Although resourced by the Attorney-3eneral"s Department. the Solicitor-General is independent of the department.

The Solicitor-General does not report formally to Parliament.

8: Separate reports from these bodies are tabled in Parliament.

C: Agencies that provide reporting on activities and financial performance to the Ministerial Counc1l 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 12111!d) of the Bankruptcy Act 1966 to report to Parliament on the

operation of the Act.

326 PART I REPORTING ARRANGEMENTS FOR THE PORTFOLIO

Changes to Attorney-General's Department Outcome and Program structure

For 2011-12, the department established a new Program 1.7 Australian Government Disaster Financial Support Payments. Disaster recovery support payments previously included in Program 1.6 are now reported under Program 1.7.

I 327

Figure A2.1: Structure of Attorney-General's Department outcome s and program s

328 PART

ATTORNEY-GENERAL'S DEPARTMENT

Outcome 1

A just and secu re society through the maintenance and improvement of Australia's law and justice framework and its national security and

eme rgency management system

programs

Program 1.1 Attorney " General's Department

Operating Expenses " Civil Justice and Legal

Services

Program 1.2 Attorney " General's Department

Operating Expenses " National Security and

Criminal Justice

Administered programs

Program 1.3 Justice Services

Program 1.4 Family Relationships

Program 1.5 Indigenous Law and Justice

Program 1.6 National Security and Criminal

Justice

Program 1.7 Australian Government Disaster

Financial Support Payments

APP~NDIX _ I C HANGES TO ATTORNE Y-GENERAL 'S DEPARTMENT

OUTCOME AND PROGRAM STRUC TURE

Service charters

The Attorney-General's Department service charter and associated compla int-hand ling policy have been in ope ration since June 1998.

The Au sCheck service charter was released on 20 August 2009 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://www.ag.gov.au/

Nationalsecurityandcounterterrorism/Backgroundchecking/Pages/AusCheckServiceCharter.aspx

Tables A3.1 and A3.2 set out the customer services standards contained in each charter and

the extent to wh ich they were met during 2011-12.

Table A3 .1: Attorney-General's Department charter-compliance with customer service standards, 2011-12

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 comp laint

Personal information used only in accordance with the law

Work will be undertaken with care. diligence and sensitivity to the needs of clients

Strong commitment to accountability and continuous improvement

Clients will be treated with courtesy, fairness and respect

Staff will act responsi vely to client needs

Single incidence of non-compliance

Complied

Comp lied

Complied

329

Table A3.2: AusCheck service charter-compliance with customer service standards, 2011-12

Provide timely and effective background checks for the Aviation Security Identification Card !ASIC! and Maritime Security Identification Card IMSIC! schemes

Provide a consistent decision " making process that ensures privacy and legal rights are protected

Acknowledgement of 100% of all ASIC and MSIC applications in one business day

Completing AusCheck's part in the background checking process in five business days or less 98% of the time lie excluding time awaiting responses from checking partners of the person being checked!

No AusCh eck decisions were overturned on appeal to the Administrative Appeals Tribunal

Other comments

Complied

Comp lied

Complied

Four appea ls were lodged with the AAT during the reporting pe riod

Three have been withdrawn and one is pending AAT consultation

Comp laints rece ived with respect to the Ind igenous Legal Assistance and Policy Reform Program related primarily to clients not meeting eligibility criteria for legal assistance and have bee n resolved . Comp laints were received w ith respect to the Family Violence Prevention Lega l Se rvices Program from staff in two funded organisations which were placed under

special adm inistration. The complaints special adm inistrator arrangements have concluded and the de partm ent is co ntinuing to wo rk with the two organisations.

T he Social Inclusion D ivision received three complaints about the timing of its 201 1-12 funding decisions under the Indigenous Justice Program. Two organisations were offered, and accepted , w ind-dow n funding. The third organisation was offered cond itional six months' fund ing, with a further six months' funding to be considered pending satisfactory performance. This offer was accepted and the grantee is still receiving funding under the Program. Investigations found that the decisions shou ld have been commun icated earlier to have enabled the affected organisations sufficient time to seek funding from other sources. The department also undertook a broader review of program managemen t in the So cial

Inclusion Division to improve its administrative processes.

One of the complainants also alleged that an officer from the department communicated the funding decision in a disrespectful manner. An investigation found that there are no grounds for this allegation .

Regarding the single incidence of non -compliance with the requirement to respond to a complaint within twenty-eight days, the complainant wrote to the department on three sepa rate occasions within the same month about its complaint. The department formally responded to the organisation forty-three days after the first letter and thirty-eight da ys after the third letter. However, the officers in the department we re in communication with the

organisation du ring the forty-three day period regarding its complaint.

330 PART APPE~DI I SERVICE CHARTERS

Advertising and market research

Under section 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 ag encies. market research organisations. polling organisations. media advertising organisations. and direct mai l organisations.

D etails of paym ents to the other categories of organisations are set out below.

Table A4.1: Payments to advertising, market research and other designated organisations, 2011-12

Adcorp Australia Ltd $503,751 Non -campaign government advertising

Di Marzio Resea rch Pty Ltd $44,000 Market research for the National Sec urity Pu blic

Information Campaign

Di Marzio Research Pty Ltd $12.325 Market research for the Personal Property Securities

Campaign

Andrews Group Pty Ltd $58 .970 Market research for the Personal Property Securities

Campaign

Universal McCan n $1.313.526 Media advertising for the Personal Property Securities Campaign

Universal M cCa nn $514,133 M edia advertising for the National Sec urity Public

Information Campaign

Stamfo rd Interactive $35,000 M arket research for redevelopment of depa rtmental website ---Lavender $60.000 Creative design fer Personal Property Securities Campaign Mark Dignam & Associates Pty Ltd $34.882 Market research for development of chemical security information products Key A Paid to a creative advertising agency to develop advertising campaign. B Paid to a ma rket research organisation.

C Paid to a media advertising organisation for placing governmen t advertising [both campaign and non-campaign) 1n the med1a .

331

The payments listed in Table A4.1 were made in the 2011-12 financial year. of which certain payments may have been approved in the 2010-11 financial year.

Mandato statement During 2011 -12. the Attorney-General's Department conducted the following advertising campaigns: Personal Property Securities Campaign and the National Security Team. Further information on those advertising campaigns is available at www.ag.gov.au and in the reports on Australian Government advertising that are prepared by the Department of Finance and

Deregulation. Those reports are available at www.finance.gov.au/advertising/index .html.

332 PART APPENDIX I ADVERTISI N G AND MAR K ET RESEARCH

Legal services expenditure

The Legal Services D irections 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 expend iture for 2011-1 2, along w ith the previous yea r's data for compa rison . All expenditure figures include GST.

Table A5.1: Legal services expenditure summary, comparing 2010-11 and 2011-12

Total legal services expenditure " $11,830,853.69 $11,819,550.28

Total external legal services expenditure $10,640,152.42 $10,396,791.74

Total numbe r of counsel briefed 81 109

Total numbe r of counsel direct briefed 18 30

Total value of counsel briefs $1.76 7.378.37 $2.142.382.95

Total disbursem ents (excluding counsel! $339.724.11 $1 80,056.99

Total professional fees paid $8.533.049.94 $8.074.351.80

Total internal legal services expenditure b $1,190,701.27 $1,422,758.54

Total costs recovered $21 ,666.66 $62,602.37

Notes:

a These figures exclude amou nts of legal services expenditure relating to The Hague Convention on the Civil Aspects of Internat ional Child Ab duction, the United Nations Convention on the Recovery Abroad of Ma intenance. and internationa l obligatio ns under various bilateral m aintenance arrangements. The department records these separately as they do not constit ute 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 internat ional agreements.

b The department's Office of Corporate Counsel was established in December 2011 with the responsibility for providing legal advice necessary for the operation of the department. The department also has legal practices that provide both interna l and external services . principally the Office of International Law and the Office of Legislat ive Drafting and Publishin g. Legal services are provided within the department at no cost to the receiving areas. No bill ing arrangement for intern al legal services provided to the department by the practices operates . nor are separate records of expenditure kept. Such expenses are treated as part of the departme nt's aggregate staffing costs.

An estimate of the cost of internal legal services has been derived from an assessment of the number of staff i nvolved in providing internal legal services and the proportion of their time involved in providing those services.

The staff of the Office of Corporate Counsel devoted to providing internal legal services are the full-t ime equivalent of 0.7 of an SES Officer.

333

Table A5.2: External legal services expenditure summary , comparing 2010-11 and 2011-12

Counsel

Total number of counsel briefed 81 109

Male counsel briefed 61 61

Female counsel briefed 20 48

Total number of counsel direct briefed 18 30

Male counsel direct briefed 14 14

Female counsel direct briefed 4 16

Total value of counsel briefs $1,767,378.37 $2,142,382.95

Male counsel briefs $757,966.95 $881 ,660. 73

Female counsel briefs $1,009,411.42 $1.260.722.22

Disbursements !excluding counsel) $339 0 724.11 $180,056.99

Professional fees $8,533,049.94 $8,074,351.80

Table A5.3: Professional service providers, comparing 2010-11 and 2011-12

Australian Government Solicitor' $8.211 ,418.08 $7.439,502.82

------ Ashurst ".b Trinity Law Department of Premier and Cabinet New South Wales "Office of General Counsel Ma llesons Stephen Jaquesâ‘ $223,374.07

$1.439.90

---------$96,817.89

$572.246.61

$0.00

$62,602.37

----------------- ----- Total professional fees $8,533,049.94 Notes: a The department has Deeds of Standing Offer with the Australian Government Solicitor and Ashurst. b Blake Dawson changed name part way through 2011-12 to Ashurst. c The payment to Ma llesons Stephen Jaques relates to special investigations. $8,074,351.80

334 PART A E-NOl I LEGAL SERVICES EXPENDITURE

Staffing profile

Table A6.1: Staffing by location (region), classification and gender - paid staff (full-time equivalent-includes ongo ing, non-ongoing, full-time and part-time) at 30 June 2012

APS Level1-2 Female 7.66 7.66

Male 5.79 2 7.79

APS Level3 Female 45.52 2 5.99 53.51

Male 10.4 2 12.4

APS Level4 Female 100.5 4.9 106.4

Male 34 1.6 35.6

APS Level 5-6 Female 181.47 9 12.95 204.42

Male 125.7 9 3 4 142.7

Cadet Female 2 2

Male

Executive Level 1 Female 133.77 1.97 0.8 4.2 140.74

Male 120.45 1.91 2 126.36

Executive Level 2 Female 45.7 2 48.7

Male 53.66 2 57.66

Graduate Female 17 17

Male 17 17

Legal Officer Female 95.69 96.69

Male 44 44

Principal Legal Female 65.21 3 69.21

Officer

Male 25.86 6 32.86

Senior Legal Female 116.37 116.37

Officer

Male 38 39

SES Band 1 Female 29.92 30.92

Male 25 25

335

SES Band 2 Female 5 5

Male 12 12

SES Band 3 Fema le

Male 3 3

Total Female 846.81 22.87 0 3 1.8 25.14 0 899.62

Male 515.86 16.6 6 6.91 9 556.37

Table A6.2: Staffing by classification, gender, employment category and employmen t status -paid staff (head count) at 30 June 2012

APS Level 1-2 Fema le 2 5 2 9

Male 6 8

APS Level 3 Female 7 43 6 57

Male 12 13

APS Level 4 Female 10 91 9 110

Male 5 30 36

APS Level 5-6 Female 12 172 29 214

Male 7 134 2 143

Ca det Fema le 2 2

Male

Executive Level 1 Female 4 118 26 149

Male 2 121 3 127

Executive Level 2 Female 44 6 50

Male 54 4 58

Graduate Female 17 17

Male 17 17

Legal Officer Female 3 89 8 100

Ma te 5 39 44

Principal Legal Female 4 54 15 73

Officer Male 7 25 33

Senior Legal Female 6 90 29 125

Officer Male 39 39

SES Band 1 Female 29 3 32

Male 25 25

SES Band 2 Female 5 5

Male 12 12

SES Band 3 Fema le

Male 3 3

Total Female 46 5 760 133 944

Male 28 4 517 10 559

336 PART ! ) APPENDIX I STAFFING PROFILE

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Table A6.3: Staffing by location (region), classification and gender-paid staff (full-time equ ivalent- includes ongoing, non-ongoing, full-time and part-time) at 30 June 2011

APS level 1-2 Female 8.17 8.17

Male 4.19 2 6.19

APS Level 2 Female 0.6 0.6

Male 0

APS Level3 Female 62.67 2 4.4 69.07

Male 12 3 16

APS Level 3-4 Female

Male 0

APS Level4 Female 93.13 6.4 100.53

Male 27.8 3 30.8

APS Level 4-5 Female 2 2

Male 4 4

APS Level5 Female

Male 0

APS Level 5-6 Female 17704 9 12.5 198.54

Male 126.7 8 5 3.52 144.22

APS Level6 Female 3 3

Male 2 2

Cadet Female

Male 2 2

Executive Level 1 Female 157.31 2.92 2 5.8 168.03

Male 117.08 2 2.8 4 127.88

Executive level 2 Female 54.66 56.66

Male 74.2 2 2 79.2

Graduate Female 18 18

Male 16 16

Legal Officer Female 66.34 66.34

Male 36 36

Principal Legal Female 66.36 0 2 68.36

Officer

Male 26.7 5 31.7

Senior Legal Female 90.65 90.65

Officer

Male 45.4 45.4

SES Band 1 Female 32.14 34.14

Male 28 28

SES Band 2 Female 4 4

Male 10 10

SES Band 3 Female 2 2

Ma le 2 2

Total Female 841.07 22.32 2 3 0 24.7 0 893.09

Male 534.07 18 7 7.8 11.52 2 581.39

I 337

338

Table A6.4: Staffing by classification, gender , employment category and employment status -paid staff {head count) at 30 June 2011

AP5level1-2 Female 6 9

Male 2 3 7

APS Level2 Female

Male 0

APS Level3 Female 23 6 40 4 73

Male 6 10 16

APS Level 3-4 Female

Ma le 0

APS Level4 Female 9 85 10 104

Male 10 19 31

APS Level4-5 Female 2 2

Male 3 4

APS Level5 Female

Male 0

APS Level 5-6 Female 14 3 163 30 210

Male 9 134 145

APS Level6 Female 3 3

Male 2 2

Cadet Female

Male 2 2

Executive Level 1 Female 4 144 26 175

Male 2 121 5 129

Executive level 2 Female 52 5 58

Male 5 71 3 80

Graduate Female 18 18

Male 16 16

Legal Officer Fema le 5 58 6 69

Male 35 36

------ --------- Principal Legal Fema le 2 2 53 15 72 Officer ---- Male 5 25 2 32 ---- Senior Legal Female 74 22 98 Officer Male 2 42 46 ------ SES Band 1 Female 31 4 35 --- Male 28 28 SES Band 2 Female 3 4 Male 10 10 SES Band 3 Female 2 2 Male 2 2 Total Female 61 16 736 123 936 Male 45 6 521 14 586 PART (- (J EN I STAFF ING PROFIL E

Staff achievements

The department recognises the importance of rewarding individuals and teams who have made a significant contribution, beyond the requirements of their positions, to the work or profile of the department. Employee achievements are celebrated and acknowledged through formal awards and informal mechanisms for their exceptional contributions and outstanding achievements.

Individuals and teams were recognised for their exceptional professional contribution in 2011-12. The Secretary praised recipients for their skills and expertise and all who displayed exceptional levels of co mmitment to their work.

Th e recipients of awards for 20 11-1 2 and their achievements follow.

Annual De artmental Awards The 2011 Departmental Awards were announced on Monday, 15 August 2011 at a ceremony in the atrium of Robert Garran Offices. The Attorney-General presented the department's Academic Achievement Award.

Secreta,.Ys Award 2011 The Commonwealth Law M inisters Meeting team- Janette Dines, Luke Brown, Thomas Browne. Jasmin Barker-Mitchell, Ariane Malpas, Kristen Duthie, Wendy Gibson, Rebecca Flynn, Tracy Brennan, Peta Sch uller-for demonstrating excellent team work and

commitment to successfully organising the participation of over 200 delegates from 44 countries in this year"s Commonwealth Law Ministers Meeting.

339

Deputy Secretaries' Awards 2011

Civil Justice and Legal Services

Lea n Six Sigma Project Team- Eleanor Lewis, Sara h Ch ristensen, Lynda M arsden, Terina Koch, Jane Atchison, Jennie Miller, John Power, Matt O 'Brien, Christine Paszkiewicz, Scott Rollason, Anita Seselja, Diana Rahman - for demonstrating excellent teamwork , innovative thinking and commitment to learning in app lying Lean Six Sigma principles to the review of the Marriage Celebrants Program and the Financial Assistance Program .

Strategic Policy and Coordination Group

Corporate Communications and Publications Section - Mark Godfrey, Jessica Swain, Caro lyn Wilkinson, Brett Kessey, B rett Russe ll, Matt Fenwick , We ndy Pang, Jessica Mc D onald, Avital Terkowski-for sustained provision of client-focused corporate communication and promotion of a professional Attorney-Ge neral's Department brand.

National Security and Criminal Justice Group

Cross-portfolio National Security Budget Measu res-Natalie Pearse- for outstanding commitment and professionalism in the development of the 2011 Budget.

Cross-portfolio People-Smuggling Budget Measures- Douglas Rutherford-for outstanding commitmen t and professionalism in the development of the 20 11 Budget.

Communication Award 2011

2011 Staff Survey- Alex Maron, Eliska Donaldson - for best practice communication

evidenced by the success of the Staff Survey 2011 Have your say campaign.

Academic Achievement Award 2011 Lindsay Buckingham- for completion of Masters of Law [International Law].

Australia Da Achievement Awards 2012 The 2012 Australia Day Achievement Awards were presented on 3 February 2012 in a ceremony led by the Secretary to acknow ledge those individuals and teams who have made exceptional contributions to the work of the department.

The Secretary reflected on the achieveme nts of the departme nt as a whole, praising all staff for their high standards of professionalism and strong levels of commitment.

The 2012 recipients were:

Civil Justice and Legal Services

Leith Watson- demonstra ting outstanding ded ication and initi ative in leading the development of a Part-Timers Toolkit for the Social Inclusion Division.

340 PART ! j APPE"JDIX I STAFF ACHIEVEMENTS

ATTORNEY -GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Petra Gartmann. Elena Rosenman . Caroline McGregor, Kate Deronne. Nicole Asman. Penelope Davie. Sophie Ismail. Tracey Pearce. Rachael Holland. Georgia Flynn-for demonstrated high levels of professionalism and commitment in the successful development and implementation of the Human Rights Public Sector Education Program .

Janette Dines, Luke Brown. And rew Ha slock. Eva Logan. Ada m Raszewski. Jasmin Barker " Mitchell. Janean Richards-for demonstrating excep tional professionalism and teamwork in managing and coordinating the Commonwealth 's legal representation in the 2011 Queensland Floods Commission of inquiry.

Katrina Fairburn. Chloe Baldwin. Loren Cousins. Tracy Ballantyne- outstanding effort and dedication in developing key legislation in a short timeframe. to foster greater transparency and accountability in the ha ndling of complaints about judicial officers in the federal courts.

Strategic Policy and Coordination

Stephen Abbey and Paul Warren- for demonstrated high levels of professionalism and commitment in the successful restoration of ICT services to the department.

Matthew Hobbs- for outstanding input into the goals of ICT Secu rit y Services and for

displaying a high degree of professionalism and expertise promoting the image and reputation of People, Information and Technology Division.

Ross Oakman, Matthew Hobbs. Paul Warren. Christopher Skinner. G eo ffrey Thornthwaite, lan Jaggard, Stelios Shizas. Mayuran Sivarasa, N icholas Halbert-Lil lyman, Jayston Spindler. Kurt Lindner. Shelley West. Jane Vucago, Lee M ills- for exce llence in collaborative working relationships and achievement of outcomes in a short timeframe.

National Security and Criminal Justice

Douglas Rutherford. Danica Yanchenko . Owen Lodge. Ryan Kennedy, Gr-aeme Gunn -for consistent performance at a very high level throughout 2011.

Robyn Devin-for professionalism. expertise and commitment in planning, organising and

managing the SIG 2011 Conference.

Majda Hordern. Simone Davenport. Matthew Ford. Joelene Azzopardi. Robyn Hunt. Kerry Wallace. Rheannon N icholson. Mark H ayes. Daniel Mog aldeanu. Catherine Baily, Claire Major, Sharon Elliott, Mark Carpenter, Ma rk G oldsby-for demonstrated high levels of dedication. professionalism and commitment in the successful development and implementation of the Australian Government Crisis Coordination Centre.

Tara lnverarity, Catherine Barker. Branko Ananijevski-for outstanding performance in deve loping the cyber crime agenda of the 2011 Quintet of Attorneys-General and of the 2011 Commonwealth Law Ministers' Meeting.

Tanya Boulter, Olivia Shen, Aaron Kim- for determination, comm itment and vision in creating the department's innovative Resilient Communities website, which embodies the collaboration between com munities an d governmen t to prevent violent extremism.

I 341

Other awards

Women's Network Awards

The Women 's Network hosted the annual Wome n's Network Awa rds on 10 May, w hich saw three women recognised not just for their professional achievements but also for the ou tstanding contributions they make to their workp lace and their commu nities.

These awa rds recognise the valuable contributions women make to the work of the depa rtment, as we ll as its life an d cu lture-and this year's recipients encompassed this and more.

Marjorie Todd, Ass istant Secretary of the Lega l Assistance Branch, received special recognition for her great energy and enthusiasm , and for being a positive role model for he r staff.

Lucy Sa rgeson , a Principal Lega l Offi cer in the Legislative Scrutiny Section, received the Women's Network Award - encourage , empower, achieve, for her exceptional commitment to encoura ging and m entoring her colleagues.

Alita Menchavez, from Emergency Management Australia, was no minated for her outstanding contribution to the work and life of the Australian Emergency Management Institute. As an Ad m inistration Officer in the National Security Training, Education and D evelopment Branch, Alita contributes enormously to the social fabric of the department, pa rticularly at Mt Macedon. In addition to her outstanding work ethic, Alita volunteers on

weekends to teach English to new migrants.

Implementation of the Personal Property Securities Reforms

Special awards from the Secretary, to recognise ou tstanding commitment in the development and implementation of the Personal Property Securities [PPS] Reforms, were awarded to Chris Jeacle, Dav id Bergman, Wayne Bobbin and Deryk Bartlett. The Personal Property

Securities Branch as a whole also received an award recognising all the officers who have worked on making PPS Reforms a success since 2006, as did the Information Division [IDl. to recognise the delivery of a high quality outcome and the outstanding commitment and

professional competence of all those in ID who made the PPS Reforms happen .

A hi v m nt

Jane Ba iley, Chief Information Officer, was selected to participate in the prestigious Cranlana Programme. The Cran lana Co lloquium is designed for sen ior leaders to enable them to enhance their understanding of the philosophical, ethical and social issues central to creating a just, prosperous and sustainable society in Australia through exam ining their own roles and responsibilities.

Suzanne Akila received one of the first Sir Roland W ilson Foundation scholarships to undertake a PhD in Public International Law at the Australian National University.

342 PART APPENDIX I STAFF ACHIEVEMENTS

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

In 2011-12, the department participated in the Jawun Indigenous Corporate Pa rtnerships

Program . which places high performing EL 1 and EL2 APS employees in Indigenous organisations on shortterm seco ndment arrangements. La vinia Gracik from the Native Title Unit was selected to participate in the program to be placed at the La Perouse Local Aboriginal Land Council in NSW from 23 July to 17 August 2012.

Andrew Lock has been awarded the Medal of the Order of Australia (OAM] for his services to

mountaineering. Andrew is the first Australian to climb all of the wo rld's fourteen peaks over 8,000 metres. and to lead a commercial expedition to the summit of Mount Everest

343

Extradition and mutual assistance

International transfer of prisoners

Table A8.1: International transfer of prisoners

Applications made to transfer from Australia 36 25

Applications made to transfer to Australia 17 20

Extradition matters dealt with in 2011-12 or continuing at 30 June 2012

Table A8.2: Extradition requests made by Australia

Requests carried forward

New requests made

Requests granted

Requests withdrawn

Requests refused

Requests otherwise finalised*

Requests continuing

" Requests otherwise finalised includes requests where the suspect is believed to have left the jurisdiction to which the request was made, and deportation cases.

344 PART PPENDIX I EXTRADITION AND MUTUAL ASSISTANCE

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAl REPORT 2011-12

Table A8.3: Australian extradition requests granted

Germany 1

India 2

Mexico

South Africa 1

Thailand 2

United States 2

Table A8.4: Citizenship of people surrendered to Australia

Australia* 5

France "

India 2

United Kingdom

United States

" One person was a dual Australian-French national

Table A8.5: Major categories of offences for which people were surrendered

Child sex offences -------------------------------------------------------------------------

Drugs

Assau lt and other offences against the person

Murder and attempted murder

Foreign bribery

Culpable driving

Table A8.6: Extradition requests made to Australia

Requests carried forward

New requests received

Requests granted

Requests withdrawn

Requests refused by the Attorney-General

Requests refused by the courts ------------------------------------------------- Requests otherwise finalised* Requests continuing

" Requests otherwise finalised includes requests in which extradit ion proceedings we re not initiated. requests where the suspect was not located in, or had left , the country and requests returned to the foreign country for further information and not pursued.

345

Table A8.7: Extradition requests granted by Australia

Hong Kong Special Administrative Region

Indonesia

Ireland

United Kingdom

United States

Table A8.8: Citizenship of people surrendered by Australia

Australia

China [Hong Kong SARI

Ecuador*

United Kingdom*

United States

" One person was a dual United Kingdom-Ecuadorian national

Table A8. 9: Major categories of offences for which people were surrendered

Child sex and child exploitation offences

Drugs

Theft and/or fraud

Corruption

Culpable driving

Note: Extradition requests vary considerably in complexity and the time it takes to resolve them . 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 .

346 PART APPH'tDIX I I EXTRADITION AND MUTUAL ASSISTANCE

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Mutual assistance matters dealt with in 2011-12 or continuing at 30 June 2012

Table A8.10: Mutual assistance in criminal matters requests made by Australia

Requests carried forward

New requests made/requests reopened

Requests finalised

Requests continuing

Table A8.11: Mutual assistance in criminal matters requests made to Australia

Requests carried forward

New requests received/requests reopened

Requests finalised

Requests refused

Requests continuing

Comparative statistics for extradition and mutual assistance cases, 2005-06 to 2011-12

Figure A8.1 : Extradition requests made by Australia, 2005-06 to 2011-12

3 5 â‘â‘â‘---â‘â‘-â‘- â‘â‘â‘â‘â‘â‘ â‘-â‘â‘â‘â‘-â‘â‘â‘â‘ â‘ â‘â‘â‘-â‘â‘â‘â‘--â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘--â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘- â‘ â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘--â‘â‘â‘â‘â‘â‘â‘-â‘-â‘-â‘â‘â‘â‘â‘â‘â‘-â‘â‘-â‘â‘â‘â‘â‘â‘ â‘ â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘--â‘â‘-â‘-â‘â‘--3 0 ..... .... ..... ....... .... ........... ..... ..... â‘ â‘â‘ â‘ â‘â‘â‘â‘â‘â‘ â‘â‘ â‘ â‘â‘ â‘ â‘â‘ â‘ â‘ â‘â‘ â‘â‘â‘â‘â‘â‘ â‘ â‘â‘â‘â‘â‘ â‘â‘â‘â‘-â‘ â‘â‘â‘ â‘ â‘â‘â‘â‘â‘â‘â‘â‘ â‘ â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ -â‘ â‘â‘â‘ â‘-â‘â‘â‘â‘â‘ â‘ â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘â‘â‘â‘â‘â‘ â‘ â‘ â‘â‘

25 â‘â‘-â‘â‘â‘â‘ â‘ â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘ -â‘ â‘â‘ â‘â‘-â‘â‘â‘-â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘â‘â‘ â‘â‘-â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘â‘ â‘

15 -â‘ â‘â‘â‘ â‘ â‘â‘ â‘â‘â‘â‘â‘ â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘â‘â‘â‘ â‘â‘â‘â‘â‘â‘ â‘â‘- â‘

10 ...... . .

5 ....... .

0 .... ...... â‘-â‘â‘ â‘ â‘â‘â‘â‘â‘â‘ -â‘ â‘ â‘â‘â‘ â‘ â‘â‘â‘ ..... â‘ â‘â‘â‘ â‘â‘ â‘â‘ â‘ â‘â‘â‘â‘â‘ â‘â‘â‘ â‘-â‘â‘ ..... ... ..... .... .

2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12

" Requests carried forward

New requests made

" Requests granted

Requests refused

Requests otherwise finalised

Note: Requests otherwise finalised includes requests withdrawn

257

263

225

295

151

387

39 1

146

I 347

Figure A8.2: Extradition requests made to Australia, 2005-06 to 2011-12

60 ................................... ............................ ........ .

40 â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘â‘ . ............. . ........ ........... . ..... .......... . .

0 â‘â‘â‘-â‘â‘â‘

â‘â‘â‘ â‘â‘- â‘â‘â‘ â‘â‘â‘â‘â‘â‘ 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011 -12

" Requests carried forwa rd

New requests made

" Requests granted

Requests refused

Requests otherwise finalised

Note: Requests otherwise finalised includes requests withdrawn

Figure A8.3: Mutual assistance requests made by Australia, 2005-06 to 2011-12

3 50 â‘â‘--â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘--â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘-â‘â‘-â‘â‘--â‘--â‘â‘â‘â‘â‘-â‘â‘â‘-â‘â‘-â‘â‘ â‘ â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘---â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘--â‘â‘- â‘â‘ â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘---â‘â‘â‘-â‘â‘â‘-â‘â‘â‘â‘-â‘â‘â‘

3 0 0 â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘-â‘â‘â‘â‘ â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘ â‘ â‘ â‘â‘â‘â‘â‘â‘ â‘ â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-â‘â‘â‘ â‘â‘ â‘ â‘ â‘â‘â‘ â‘â‘â‘- â‘ â‘â‘â‘â‘-â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘-

250 ......... â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘â‘

200 ..... .

150 â‘â‘ â‘ â‘-â‘â‘ â‘â‘â‘â‘

1 DO â‘â‘â‘â‘ â‘â‘â‘

50 ........... .

0 -â‘-â‘â‘â‘â‘ -â‘â‘â‘

2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12

" Requests carried forward

New requests made

Note: There were no requests refused.

348 PART

(:-)

" Reques ts finalised

Requests refused

I EXTRADITION AND MUTUAL ASSISTANCE

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAl REPORT 2011 - 12

Figure A8.4: Mutual assistance requests made to Australia, 2005-06 to 2011-12

500 .....

400

300

200 ......... ......... .

100 â‘ â‘ â‘â‘â‘â‘â‘ â‘ â‘â‘â‘â‘ I 0 .... ....... . ..... . -- -- _l .J

2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12

e Requests carried forward New requests made

" Requests finalised

Req uests refused

Note: There was one request refused in 2009-10 and one refused in 2011-12

Extradition - Additional re ortin A ustralia has not extradited any permanent residents in the report period.

Australian authorities have not noted in the reporting period any breaches of substantive obligations contained in bilateral extradition treaties.

International war crimes Australia received three mutual assistance requests from the International Criminal Tribunal for the former Yugoslavia. Australia received two mutual assistance requests from the International Criminal Court.

349

350

International Criminal Court

The International Criminal Court Act 2002 came into force on 28 June 2002. Section 189 of that Act provides that the department must publish each year, as an appendix to its annua l 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.

0 eration of th Intern tiona/ Criminal Court Act 2002 The International Criminal Court Act 2002 establishes mechanisms to facilitate Australia's compliance with its obligations under the Rome Statute of the International Criminal Court, including those relating to the provision of investigative assistance and the arrest and surrende r of suspects.

Th e crimes ove r which the ICC can currently exercise jurisdiction- genoc ide, war crimes and crimes against humanity-are criminalised under Australia's domestic law and , in each instance, apply whether or not the alleged offence occurs in Australia and regardless of whethe r the alleged offender is an Australian national.

At the first Review Conference of the ICC, which was held in Ugand a from 31 May to 11 June 2010, States Parties to the Rome Statute adopted by consensus amendments that

extend the ICC's jurisdiction to three new war crimes relating to no n-international armed

conflict. For those States Parties that ratify the amendments, the new war crimes will come into force one year after ratification.

At that same meeting, States Parties also adopted, by consensus, amendments setting out the definition of the crime of aggression and the conditions unde r which the ICC's jurisdiction over the crime could be exercised. Activation of the ICC's jurisdiction over the crime cannot occur until2017 at the earliest, following a two-thirds majority decision of States Parties and ratification of the amendments by at least thirty States Parties.

Under the Rome Statute a case will be inadmissible before the ICC if the relevant conduct is being investigated or prosecuted by national authorities, unless those national authorities are unwilling or genuinely unable to carry out the investigati on or prosecution. Australian authorities can therefore investigate and prosecute crimes within the ICC's jurisdiction, allowing Australia to retain primary jurisdiction over such crimes that are all eged to have been comm itted in Australian territory or by Australian citizens. The International Criminal Court Act does not affect the right of Australia to exercise primary jurisdiction over these crimes.

APPENDIX 9 I INTERNA TIONAL CRIMINAL COURT

A TT ORN E Y -GE NERA L'S D E PAR T M E NT I ANNUAL REPORT 2011-12

0 erations of the International riminal Court The Rome Statute entered into force generally. on 1 July 2002, and for Australia, on

1 September 2002. At the end of the reporting year, 121 countries were States Parties to the Statute.

Th e ICC, which is based in The Hague in the Netherlands. is the first permanent international court capable of investigating and prosecuting the most serious crimes of internationa l concern. Its jurisdiction is currently limited to the crime of genocide, crimes against humanity and war crimes, and is confined to crimes committed after the Rome Statute entered into force.

During the year, Australia participated in the tenth session of the Assembly of State Parties,

held from 12 to 21 December 2011. At the tenth session, the Assembly of State Parties elected a new President of the Assembly of State Parties, six new judges to the Court, the

next Prosecutor. and six members to the Comm ittee on Budget and Finance. Further, the

Assembly adopted six resolutions: on coo peration. amendment to the Rules of Procedure and Ev idence, repa rations. permane nt premises. the â‘omnibusâ‘ resolution and the 2012 budget.

The eleventh session of the Assembly of States Parties will be held in The Hague, The Netherlands between 14 and 22 November 2012. At this session, the Assembly

is expec ted to elect a new Deputy Prosecu tor to replace current Deputy Prosecutor [and Prosecutor-elect) Bensouda. As there are currently two Deputy Prosecutor

positions [Prosecutions. Investigations). with the latter remaining unoccupied, incoming Prosecutor Bensouda may decide to nominate candidates for both positions.

During the yea r the ICC progressed a number of judicial proceedings.

Democratic Republic of Congo

The ICC's first trial, against Thomas Lubanga Dyilo for alleged war crimes committed in the

Democratic Republic of the Congo, concluded in August 2011 . On 14 March 2012 . Lubanga was found guilty of enlisting and conscripting children under the age of fifteen years and

using them to participate actively in hostilities. On 10 July 2012, he was sentenced to a total period of fourteen years of imprisonment. The decision was the first conviction of an individual by the ICC.

The trial of Germain Katanga and Mathieu Ngudjolo Chui, for the all eged commiss ion of war crimes and crimes against human ity in the Demo cratic Republic of Congo, commenced in No vember 2009. Closing statements took place from 15 to 23 M ay 20 12. an d this case is close

to finalisation. As at the end of the reporting year, the ICC is yet to pronounce its decision.

The ICC issued an arrest warrant for Bosco Ntagand a in April2008 for the alleged commissio n of war crimes. As at the end of the reporting year, he still rema ins at large. In De cem ber 2011, the ICC declined to confirm charges against Callixte Mbarushimina. On 30 May 2012 . the Appeals Chamber of the ICC dismissed the Prosecution's appeal

against-this decision.

351

Central African Republic

The tria l of Jean-Pierre Bemba Gombo, for alleged war crimes and crimes against humanity

committed in the Central African Republic, commenced on 22 November 2010. In addition, the initial appearance hearings for six alleged perpetrators of post-election violence in Keny a we re held on 7 and 8 April 2011. A challenge by the Kenyan Government to the admiss ibility

of these cases was rejected by the ICC on 30 May 2011. In March 2012, the prosecution finished its presentation of forty witnesses. On 1 May 2012, participating victims began giving

evidence. The defence case begins on 14 August 2012.

Libya

In 2010-11, the Office of the Prosecutor commenced an investigation into the situation in the Libyan Arab Jamahiriya following a unanimous referral by the United Nations Security

Council. On 27 June 2011 the ICC issued arrest wa rrants against Muammar Gaddafi, Saif Al Islam Gaddafi an d Abdullah A l-San ussi for alleged crimes against humanity commit ted in Libya in February 2011. On 22 November 2011 , the ICC formally termina ted the case against

Muammar G ad dafi due to his death. On 1 May 2012 , Libyan authorit ies app lied to challenge the admissibil ity of the case aga inst the two remaining suspects, Saif Al lslam Gaddafi and

Al-Sanussi, on the basis that they are currently being investigated in Libya for crimes against humanity. The ICC's final determination on Libya's challenge remained outstanding at the end of the reporting year.

Cote d'lvoire

On 3 October 2011 the ICC authorised the commencement of an investigation into war crimes

and crimes against humanity allegedly comm itt ed in Cote d'lvoire since 28 November 2010. This is the first time that an investigation is being cond ucted in a State that ha s not acceded

to the Rome Statute but that has nevertheless accepted the jurisdiction of the ICC. A ll previous cases before the ICC relate to alleged crimes committed in the territory of State

Parties to the Rome Statute, or have otherwise commenced following a referral from the

United Nations Security Council. On 22 February 2012, the ICC expanded the scope of the investigation to include crimes within the jurisdiction of the Court allegedly committed

between 19 September 2002 and 28 November 2010. Laurent Gbagbo , former President

of Cote d'lvoire, was transferred to the ICC in Nov embe r 2011. The ICC Prosecutor was

scheduled to confirm the charges against Gbagbo in June 2012. However , at the request of Gbagbo's defence lawyers, this has bee n postponed to 13 Aug ust 20 12.

Kenya

In March 2010, the ICC Prosecutor was authorised to commence an own-motion investigation into alleged crimes against humanity committed in Kenya in 2007-08. Initi al appearance hearings were held in April2011 for [il William Samoei Ruto, [iil Henry Kiprono Kosgey , [iii]

Joshua Arap Sang , [ivl Francis Kirimi Muthaura, [v] Uhuru Muigai Kenyatta and [vi] Mohammed Hussein Ali. A challenge by the Ke nyan Government to the admissibility of these cases was

rejected by the ICC in May 2011. In August 2011, the ICC rejected an appeal by the Kenyan G overnment and confirmed the admissibility of the cases. In January 2012 , the ICC co nfirmed

charges against Ruto, Sang , Muthaura, and Kenyatta. The trial of these individuals is schedu led

for 10 April2013. Th e ICC declined to confirm the charges against Ali and Kosgey.

352 PART APPENDIX 9 !INTERNATIONAL CRIMINAL COURT

ATTORNEY-GENERAL'S DEPA RTM ENT I ANNUAL REPORT 2011 12

Uganda

In July 2004 , the ICC Prosecutor commenced an investigat ion into senior leaders of the Lord's Resistance Army, following a referral of the situation by Uganda in December 2003.

The ICC issued arrest warrants against Joseph Kony, Vincett Otti, Ok ot Od hiambo, and Domi nic Ongwen in October 2005. At the end of the reporting year, all four individuals

remained at large.

Sudan

In June 2005, the ICC Prosecutor commenced an investigation into the 2003 Darfur genocide.

Cases have commenced aga inst [i] Sudanes e President Omar Hassan Ahmad Al-Bashir, [iii B ahar ldriss Abu Garda, [iii] Ahmad Harun and Ali Kushayb, [iv] Abdallah Banda Abakaer

Nourain and Saleh Mohammed Jerbo Jamus, and [v] Abdel Raheem Muhammad Hussein.

Al-Bashir. Harun and Kushayb have had arrest warrants issued against them . but at the end of the reporting year still rem ained at large. Th e ICC declined to confirm the charges against Garda in February 2010, and the Prosecutor's appeal against this decision was rejected in Ap ril 2010. However, this decision does not preclude the Prosecution from subsequent ly

requesting confirmation of the charges if such a request is supported by additional evidence.

Charges against Banda and Jerbo were confirmed on 7 March 2011. On 6 January 2012, Banda and Jerbo's defence lawyers requested a temporal stay in the proceedings due to the

impossibility of investigations in Sudan . problems and dangers of interviewing witnesses in third countries, deaths of witnesses and inability to access documents. On 25 May 20 12, the ICC decided to hold a hearing and a status conference on 11 an d 12 July 2012. An arrest warrant aga inst Hussein was issued on 1 March 2012. The execution of the arrest warrant is . pending as at the end of the reporting year.

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

Impact of the operations of the International Criminal Court on Australia's le al s stem During the reporting year, the operations of the ICC 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.

I 353

List of requirements

Review by Secretary

Departmental overview

Letter of transmittal

Table of contents

Index

Glossary

Contact officedsl

Internet home page address and internet address for report

Review by departmental secretary

Summary of significant issues and developments

Overview of depa rtment's performance and financial results

Outlook for following year

Significant issues and developments- portfol io

Role and functions

Organisational structure

Outcome and program structure

Where outcome and program structures differ from PB Statements/ PAES or other portfolio statements accompanying any other additional

appropriation bills [other portfolio statements!. details of variation and reasons for change

Portfolio structure

Ill

iv-v

367

357

3-5

9-26

9-26. 53-58

5, 70-74. 98-103, 111' 115, 118-119, 143-145, 156-157

31-35.38

9,39-40

40-41

41 ' 327-328

327

31-35,38,325-326

354 PART APPENDIX l I LIST OF REQUIREMENTS

ATTORNEY-GENERAL 'S DEPARTMENT J ANNUAL REPORT 2011-12

Report on performance Review of performance during the year in relation to programs and contribution to outcomes

Actual performance in relation to deliverables and KPis set out in PB Statements/PAES or other portfolio statements

Where performance targets differ from the PBS/PAES, details of both former and new targets. and reasons for the change

Narrative discussion and analysis of performance

Trend information

Significant changes in nature of principal functions/ services

Performance of purchaser/provider arrangements

Factors, events or trends influencing departmental performance

Contribution of risk management in achieving objectives

Social inclusion outcomes

Performance aga1nst service charter customer service standards, complaints data. and the department's response to complaints

Discussion and analysis of the department's financial performance

Discussion of any significant changes from the prior year. from budget or anticipated to have a significa nt impact on future operations.

Agency resource statement and summary resource tables by ou tcomes

51-162

104, 112, 115, 119-120, 146-147, 157-160, 162

Not Applicable

51-162

5, 58, 72, 135, 142, 152,

211' 212

4, 33-34, 74, 126, 130, 327-328

114

3-5

172-174

225-232

329-330

10, 54-57. 203-207

203

54-57

Management and accountability

Corporate governan ce

External scrutiny

Agency head s are required to certify that their agency comply with the Commonwealth Fraud Control Guidelines. 173

Statement of the main corporate governance practices in place 169-176

-------------------------------- Names of the senior executive and their responsibilities 169-170

Senior management commit tees and their roles 170-171

Corporate and operational planning and associated performance 171-172

reporting and review

Approach adopted to identifying areas of significa nt financial or operational risk

Policy and practices on the establishment and maintenance of appropriate ethical standards

How nature and amo unt of remuneration for SES officers is determined

Signifi can t developments in external scrutiny

Judicial decisions and decisions of administrative tribuna ls

Reports by the Aud itor-Gen eral. a Parliamentary Comm ittee or the Commonwealth Ombudsman

171-174

173-174

174

181-199

182-186

181-182.186-197

355

Management of human resources

Assets management

Purchasing

Consultants

Australian National Audit Cffice access clauses

Exempt contracts

Financial statements

Other mandatory information

356 PART

Assessment of effectiveness in managing and developing human resources to achieve departmental objectives

Workforce planning, staff turnover and retention

Impact and features of enterprise or collective agreements. individual flexibility arrangements IIFAsl. determinations. common law con tracts and AWAs

Training and development undertaken and its impact

Work health and safety performance

Productivity gains

Statist ics on staffing

Enterprise or collective agreements, IFAs. determinations, common law contracts and A WAs

Performance pay

Assessment of effectiveness of assets management

Assessment of purchasing against core policies and principles

The annual report must include a summary statement detailing the number of new Consultancy services contracts let during the year; the total actual expenditure on all new Consultancy contracts let during the year !inclusive of GST); the number of ongoing consultancy contracts that were active in the reporting year; and the total actual expenditure in the reporting year on the ongoing Consultancy contracts I inclusive of GST). The annual report must include a statement noting that information on contracts and consultancies is available through the AusTender website.

Absence of provisions in contracts all ow ing access by the Auditor-General

Contracts exempt from the AusTender

Financial statements

Work health and safety !Schedule 2. Part 4 of the Work Health and Safety Act 2011)

Advertising and Market Research [Section 311A of the Commonwea lth Electoral Act 19 18) anrl stil tP.ment on advertising campaig ns

Ecologically sustainable development and environmental perform ance !Section 516A of the Environment Protection and Biodiversity Conservation Act 1999)

Compliance with the agency's obligations under the Carer Recognition Act 2010

Grant programs

Disability reporting-explicit and transparent reference to agencylevel information available through other reporting mechanisms

Information Publication Scheme statement

Correction of material errors in previous annual report

List of requ irements

211-221

11, 212-213

213-214

213,215-216

218-221

11,43, 96-97,213

11,212,335-338

174,213-214

174, 215

207

11 ' 206

204-205

204

239-322

218 -221

205, 331-332

237-238

Not Applicable

205-206

217

176

354-356

I LIST OF REQUIREMENTS

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAl REPORT 2011-12

Glossary

Administrative Arrangements Order

all-hazards approach

alternative dispute

reso lution

Australian National

Audit Office access clauses

Beijing Treaty on Aud iovisual

Performances

CERT Australia

COMDISPLAN

Com law

common law

The Administrative Arrangements Order is an instrument made by

the Governor-General. It establishes Departments of State under

the Constitution and spells out the matters and the Acts dealt with by each Department and its Minister[sl. It is also useful for historical researchers, to work out where to look for what records.

Dealing with all types of emergencies or disasters and civil defence using the same set of management arrangements .

Alternative dispute resolution is a term that is used to describe a variety of different processes that ca n help people to resolve conflicts and disputes. The word â‘alternative â‘ is usually und erstood to mean

that these processes are an alternative to going to court and having a decision made by a judge.

These are non-mandatory standard access clauses that have been

developed for inclusion within tender documentation and contracts to

provide the ANAO and Commonwealth agencies access to information held by contractors, including third party subcontractors for the purpose of audits.

World Intellectual Property Organization Audiovisual Performances

Treaty

Australiaâ‘s national computer emergency response team .

Commonwealth Government Disaster Response Plan -a contingency plan for the provision of Australian Government assistance to Australian States and Territor ies in an emergency or disaster.

The Com law webs ite offers the most

comp lete and up to date collection of Commonwealth legislation available anywhere. It includes the only database of Commonwealth legislat ion that is authoritat ive for the purpose of legal proceedings. N o other website in the wo rld ca n make this claim, and even if you use another website to access Commonwea lth legislation, you are almost certainly looking at information sourced from Comlaw.

Law derived from custom and judicia l precedent [case law] rather than from legislation.

357

358

Commonwealth Organised Crime Response Plan

The Commonwealth Organised Crime Response Plan is a key component of the Commonwealth Organised Crime Strategic Framework and sets out whole-of-government responses to the three priority organised crime risks as identified by the Australian Crime Commission in its Organised Crime Threa t Assessment. The priori ty

risks are:

" amphetamine-type stimulants

" money laundering, and

" identity crime.

consent determination A decision by an Australian court [or a recognised State or Territory

body] that native title does or does not exist in a particular area of land or waters after the parties have reached an agreement as to the terms of the determination.

consultancy contract A contract that typically defines the nature, purpose and duration of the task to be performed but not [in any detail] the manner in which the task is to be performed by a consultant. The consultant is usually paid on completion of milestones or in a lump sum.

consultancy service

consultant

corporate governance

countering violent extremism

CrimTrac

critical infrastructure

A particular type of service delivered under a contract for services, distinguished from other contracts by the nature of the work performed. Consu ltancy services involve the app lication of expert professional skills to: investigate or diagnose a defined issue or problem, carry out defined research, reviews or evaluations; or provide independent advice, information or creative solutions to assist the agency in management decision making .

An entity [whether an individual, a partnership or a corporation] engaged to provide professional independent and expert advice or services. Consultants are not employees of the department and are not paid wages or other emp loyee entitlements.

The process by which agencies are directed and controlled. It

is generally understood to encompass authority, accountability , stewardship, leadership, direction and control.

Measures taken to counter extreme, or radical, violent behaviour.

Agency responsible for the delivery and maintenance of national policing information services.

Those physical facilities. supply chains, information technologies and com munication networks which, i f destroyed, degraded or rendered unavailable for an extended period, wo uld significan tly impact on the social or economic wellbeing of the nation or affect Australia's abili ty

to conduct national defence and ensure national security.

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

cyber crime

data interoperability

e-commerce

e-learning

e-security

emergency management

extradition

Federal Register of Legislative Instruments

G20

identity crime

Lean Six Sigma

A term used to encompass a wide range of offences comprising:

" crimes directed at comput ing and telecommunications technologies, and

" crimes where the interne t or information and communications technology is integral to the commission of the offence, such as on line fraud, online child exp loitation and online intellectual property infringement.

The ability to share data between different computer systems .

The use of computers and electronic communication networks to do business.

Learning facilita ted and supported through the use of information and communications technology.

Electronic security, including on the internet.

A range of measures to manage risks to communit ies and the environment. The organisation and management of resources for dealing with all aspects of emergencies . Emerge ncy management involves the plans, structures and arrangements which are established to bring together the normal endeavours of government, voluntary and private agencies in a comprehensive and coordinated way to deal with the whole spectrum of emergency needs including

prevention, response and recovery.

Surrender by one country to another of a person for trial on criminal charges or to serve a sentence already imposed for a criminal offence.

Part of the Com law website, FRLI con tains all legislative instruments. their explanatory statements and compilations of legisla tive instruments as amended. It is established under section 20 of the Legislative Instruments Act 2003, and is authoritative for the purposes of legal proceedings.

The Group of Twenty [G20) is the premier forum for international economic cooperation. It is a group of nineteen countries and the European Union. G20 Leaders, Finance Min isters and Central Bank Governors meet regularly to address global econom ic and financial challer1ges .

A generic term to describe activities/offences in wh ich a pe rpetrator uses a fabricated identity, a manipulated identity, or a stolen/assumed identity to facilitate the commission of crime.

A business improvement methodology [often applied in the manufacturing industry) where the "Leanâ‘ aspect concentrates on creating more value with less work and â‘six Sigmaâ‘ strives to identify and eliminate defects in product development.

I 359

360

legislative instrument

mitigation

mutual assistance

National Organised Crime Response Plan

National Partnership

Agreement

native title

Legislative instruments are laws on matters of detail made by a person or body authorised to do so by an Act of the Parliament. They may be described as regulations. rules and many other names but their name is not important; what matters is that they have force of law behind them.

It is important for rule-makers to identify legislative instruments correctly because. under the Legislative Instruments Act 2003, all legislat ive instruments must be registered on the Federal Register of Legislative Instruments [FRLI for short). and tabled in the Parliament. Most are also subject to disallowance [Parliamentary veto) and most sunset [cease automatically)1 0 years after they commence.

Measures taken in advance of a disaster aimed at decreasing or eliminating its impact on society and the environment.

Mutual assistance is the process countries use to provide and obtain formal government to government assistance in criminal investigations and prosecutions. Mutual assistance is also used to recover the proceeds of crime.

The Commonwealth and the States and Territories have committed to the National Organised C rime Response Plan which represents a new approach to fighting organised crime by facilitating a new level of multi-jurisdictional collaboration. The National Organised Crime Response Plan sets strategic principles , protocols and actions to underpin a national response to organised crime, including:

" improving co nsistency of policies and legislation across borders to fight organised crime

" removing impediments to effective sharing of information and intelligence, and

" targeting the priority organised crime risks identified in Organised Crime Threat Assessments.

National Partnership Agreements are a mechanism under the Federal Financial Relations Framework to enable policy or project collaboration between the Commonwealth and the States. In most cases. they provide for financial transfers between the Commonwealth and the States to

support that collaboration. They are designed to allow flexibility around how objectives are achieved, while ensuring that all parties to the agreement are accountable to lhe public ror achieving the objectives, outcomes and outputs specified in the agreement.

A pre-existing property interest. held communally or individually by Aboriginal peoples and Torres Strait Islanders. which is capable of being recognised by Australiaâ‘s common law. Native title can exist over land and waters where Aboriginal people or Torres Strait Islanders maintain traditional laws and customs that give them a connection to the specified area. Native titl e rights are not â‘grantedâ‘ by governments

or courts. Native titl e is not an underlying title but rather a bundle of rights that can be extinguished by inconsistent acts of government.

G CS Rr

ATTORNE Y- GENERAL'S DEPARTMENT j ANN JAL REPORT 2011 12

NBN Co

ongoing APS employee

operations

Organised Crime Strategic Framework

outcomes

people smuggling

people trafficking

performance information

performance pay

precursor chemicals

A wholly-owned Commonwealth company. Its goal is to de liver the National Broadband Network [NBNl. a national wholesale-only, open access broadband network for all Australians.

A person engaged as an ongoing APS employee as mentioned in parag raph 22[2J[a] of the Public Service Act 1999.

Functions, services and processes performed in pursuing the objectives or discharging the functions of an agency.

The Organised Crime Strategic Framework establishes a

comprehensive and coordinated response to target the most significant threats from organised crime in order to reduce its impact on the community. The Framework will ensure law enforcement. intelligence, policy and regulatory agencies are collaborating effectively with each other, with their State, Territory and international counterparts. and with A ustralian businesses and the community to combat organised crime.

The results, impacts or consequence of actions by the Australian Government on the Australian community.

People smuggling involves the organisation or facilitation of the voluntary entrance of a migrant into a country where that entry is not authorised by that countryâ‘ s immigration laws, usually on a payment " for-serv ice basis. The migrant is not the subject of the offence.

People trafficking is the physical movement of people across and within bo rders throug h deceptive means, coercion or force for the purpose of exploitation.

Evidence about performance that is collected and used systematically which may relate to appropriateness. effectiveness and efficiency and the extent to which an outcome can be attributed to an intervention. Performance information may be quantitative [numerical] or qualitative [descriptive]. but it should be verifiable . Evaluations may also be periodically utilised to assess the performance of programs

and activities.

Also known as performance-linked bonuses and usually taking the form of a one-off payme nt in recogniti on of performance. Retention and sign-on payments are not considered to be performance pay, and nor is performance-linked advancement. which includes advancement to higher pay points which then become the employeeâ‘s nominal salary. In cases where an employee receives both a performance-linked bonus and performance-linked advancement [such as a one-off payment plus an increase in regular salary!. only the bonus element is reportable.

Those chemicals. compounds and reagents that are used in manufa cturing illicit d rugs.

361

362

R 18+ classification A classification rating restricting access to people 18 years of age and over_

reasonable adjustmen t W here a person can perform the inherent requirements of a job,

an emp loyer is required to make reasonab le adjustments to the workplace or work practices to accommodate any additional needs that the person may have.

risk management The culture, frameworks and structures that are directed towards the

effective management of potential opportunities and adverse effects.

Risk management involves the systematic application of management policies, procedures and practices to the steps of establishing the

context, identifying, analysing, evaluating, treating, monitoring and communicating risk.

service charters

workplace dive rsity

Public statements about the service that a department or agency w ill provide.

The central principle of workplace diversity is the creation of

workplaces free from discrimination , harassment and bullying " workplaces where all employees act in accordance with the APS Code of Conduct and demonstrate their commitment to the APS Values.

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Abbreviations and acronyms

ACL EI

ADR

AEMVF

A FAC

AFP

AGDRP

AIPJ

ALRC

ANAO

APCERT

AP EC

APS

APSC

ASIC

ASIO

ATSILS

Au sAID

Au sCheck

AUSTRAC

BCR

CAC Act

CAP-AU-STD

CCC

ccs CCTV

CEPO

CERT

Chev LH

CIPMA

Australian Commission for Law Enforcement Integrity

alternative dispute resolution

Australian Emergency Management Volunteer Forum

Australasian Fire and Emergency Service Authorities Counc il

Australian Federal Police

Australian Government Disaster Recovery Payment

Australia Indonesia Partnership for Justice

Australian Law Reform Commission

Member of the Order of Australia

Australian National Audit Office

Officer of the Order of Australia

Asia Pacific CERT [computer emergency response team]

Asia-Pacific Economic Cooperation

Australian Public Service

Australian Public Service Commission

Australian Securities and Investments Commission

Australian Security Intelligen ce Organisation

Aboriginal and Torres Strait Islander Legal Service

Australian Agency for International Development

Australian Backg round Checking Service

Australian Transaction Reports and Analysis Centre

Building Community Resilience Grants

Commonwealth Authorities and Companies Act 7997

Common Alerting Protocol-Australian Profile]

Crisis Coordination Centre

Children's Contact Service

Closed-circuit television

Community Engag ement Police Officer

Computer Emergency Response Team

Chevalier de la Legion d'honneur [Knight of the Legion of Honour]

Critical Infrastructure Program for Modelling and Analysis

363

364

CIR

CLCS

CNI

COAG

COBRA

CPGs

CVE

CVESC

DBCDE

DNA

DOOR S

DVS

FaHCSIA

FASO

FMA Act

GMS

IBAC

ICAC

ICC

ICL

ILSAC

ILUA

ISS

ITS A

KCLS

LBS

LSMUL

MoU

NADRAC

NCCCP

NCS

N CTC

Critical Infrast ructure Resilience

UN Commission on the Limits of the Continental Shelf

Certif icates of No Impediment

Council of Australian Governments

Classification Operations Branch Records Administration

Commonwealth Procurement Guidelines

countering violent extremism

Countering Violent Extremism Sub-Committee

Department of Broadband, Communications and the Digital Economy

deoxyribonucleic acid-the hereditary genetic material contained within the nucleus of the cell that codes for the synthesis of proteins and other vital biological processes.

Detection Of Overall Risk Screen

Document Verificat ion Service

Department of Families, Housing, Community Services and Indigenous Affairs

family and sexual offences

Financial Management and Accountability Act 1997

Grants Management System

Victorian Independent Broad based An ti-corrupt ion Commission

South Australian Independent Comm issioner Against Corruption

Internationa l Criminal Court

Independent Children's Lawyer

International Legal Services Advisory Council

Indigenous Land Use Agreement

International Soc ial Service Australia

Insolvency and Trustee Service Australia

Kimberley Community Legal Service

location-based solution

Legal Services Multi-Use List

Memorandum of Understanding

National Alternative Dispute Resolution Advisory Council

National Crisis Coordination Capability Program

National Classification Scheme

National Counter-Terrorism Comm ittee

I ) R h MS

AT T ORNEY-GENERA L'S DEPARTMENT I ANNUAL REPORT 2011-12

NDRP

NDRRA

NEMC

NEMVAP

NISS

NNTT

NSCDD

NSDR

OCRP

OCSF

OLDP

OLSC

OPC

OPCAT

OPP

PAES

PBS

PHBR

PILON

PIM

PNG

PPATK

PPS

PPSA

PPSR

PSM

RAP

RIS

SACS

SCLJ

SCPEM

SES

Natural Disaster Resilience Program

Natural Disaster Relief and Recovery Arrangements

National Emergency Manag ement Committee

National Emergency Management Volunteer Action Plan

National Identity Security Strategy

National Native Titl e Tribunal

National Security Capabi lity Deve lopment Division

National Strategy for Disaster Resilience

Organised Crime Respons e Plan

Commonwealth Organised Crime Strategic Frame work

Organised Crime Strategic Framework

Office of Legislative Drafting and Publishing

Office of Legal Services Coordination

Office of Parliamentary Counsel

Optional Protocol to the Con vention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Office of the Public Prosecutor in Papua New Guinea

Portfolio Additional Es timates Statements

Portfolio Budget Statements

Parliament House Briefing Room

Pacific Island Officersâ‘ Network

Victorian Public Interest Monitor

Papua New Gu inea

the Indonesian Government's Financial Intel ligence Unit

Personal Property Securities

Personal Property Securities Act 2009

Personal Property Securities Reg ister

Public Service Medal

Reconciliation Action Plan

Regulation Impa ct Statement

social and community services

Standing Council on Law and Justice

Standing Council on Police and Emergency Manageme nt

Senior Executive Service

State Emergency Services

365

366

SGP

SLF Program

TIA Act

TISN

U N CAC

UNCITRAL

WHS

WI PO

WPSS

WTO

Strongim Gavman Program

Strengthening Legal Frameworks to Counter Terrorism Program

Telecommunications (Interception and Access} Act 7 979

Trusted Informa tion Sharing N etwork

United N ations Convention against Corruption

U nited N ations Commission on Internationa l Trade Law

Victorian Inspectorate

work health and safety

World Intellectual Property Organization

W ireless Priority Service System

Wor ld Trad e Organ ization

ATTORNEY-GENERAL'S DEPARTMENT I ANNUAL REPORT 2011-12

Index

Aboriginal and Torres Strait Islander employees, 176, 217

Aboriginal and Torres Strait Islander legal services, 16,44, 79 ,88, 110,111, 118,119, 229-30

Aboriginal and Torres Strait Islander Safe Communities Strategy, 65

Academic Achievement Award, 216, 340

access clauses [contracts). 204

access to justice, 15, 44, 64, 72 , 80-1, 98, 109-12, 226 -7

Access to Justice [Federal Jurisdiction] Amendment Bill 2011, 188

accidents and dangerous occurrences, 220

accountability see corporate governance ; external scrutiny

Acts Interpretation Act 1901, 81

Adamas v The Honourable Brendan O'Connor [No .2] [2012] FCA 227 , 142

administered items

Program 1.3: Justice Services, 112

Program 1.4: Family Relationships. 116

Program 1.5: Indigenous Law and Justice, 121

Program 1.6: National Security and Criminal Justice, 158-60

Program 1.7: Australian Government Disaster Financial Support Pa yments. 162

Administrative Appeals Tribunal. 90

administrative law , 91

adoption policies and practices. 72. 186

advertising and market research, 205, 331 -2

Afghanistan, 139

Africa, 69 . 138. 140

Agreement between Australia and the Republic of Lebanon regarding Cooperation on Protecting the Welfare of Children, 228

Allen Consulting Group, 98, 116, 119

alternative dispute resolution, 15, 81, 227

ANAO see Australian National Audit Office

annual report 2010-11; corrections to. 176

anti-corruption initiatives, 46, 72. 77, 127 . 140-1' 143, 145

anti-discrimination laws, 13, 84

anti-money laundering, 46, 47, 140

arm oured rescue vehicles. 153

Asia-Pacific region, 69 , 138

anti-corruption task force, 141

Australia Indonesia Partnership for Justice, 139

Centre for Asia-Pacific Pro Bono , 11 0

departmental officer posted to Australian Embassy in Jakarta, 61.69

Pacific Island Officersâ‘ Network, 13 9

Pacific Legal Policy Twinn ing Program. 139,157

Pacific Police Development Program, 151, 156

Strongim Gavman Prog ram, 20 . 69, 138

ASIC v Hellicar and Ors. 184

asset insurance arrangements of Australian state governments , 194

asset management, 207

assistance to Australian victims of terrorism overseas. 6 7

assistive software, 107

Attorney-General, 4, 31-3, 35

supporting the Attorney-General as the First La w Officer, 43-4, 70, 102

A udit and Risk Manage ment Committee, 171

Auditor-General see Australian National Audit Office

audits, internal , 171

AusAID Pacific Public Sector Linkages Program. 103

AusCheck database, 135-6

service charter, 329 -30

AusTende r. 204. 205

Australasian Fire and Emergenc y Service Authorities Coun cil, 144

367

368

Australia Day Achievement Awards, 216, 340

Australia Indonesia Partnership for Justice, 139

Australian Children's Contac t Services Association, 116

Australian Commission for La w Enforcement Integrity, 21, 25 ,137

Australian Crime Commission , 21, 134, 192

Australian Customs and Border Protection Service, 21, 137

Australian Cybercrime Online Reporting Network, 126

Australian Emergency Management Institute, 128-9 Australian Em ergency Man ageme nt Knowledge Hub , 129

Australian Emergency Management Volunteer Forum, 133

Australian Federal Police, 137, 138 , 141, 151

Australian Government advertising, 205

Australian Government Crisis Coordination Centre, 46, 132, 137, 149, 223

Australian Government Disaster Recovery Payment. 20, 136, 161

Australian Government Legal Network, 19, 95, 1 01

Australian Human Rights Commission, 13, 43,102, 197,226 Australian Human Rights Commission Amendment (National Children 5

Commissioner) Act 2012, 13

Australian Human Rights Commission Amendment (National Children's Commissioner] Bill 2012 , 190

Australian Institut e of Family Studies, 97

Australian Law Reform Co mmi ssion, 14, 101, 138, 199 Aus tralian N ational A ud it O ffice

access clauses !contracts]. 204

reports, 181-2

Australian Securities and Investment Commission, 184

Australia-New Zealand ag reem ent on legal proceedings, 15, 80 , 226

aviation and maritime security measures, 145 , 193 awards for staff achievements, 339-43

ba ckground checking, 135

Bali Process on People Smuggling, Trafficking in Pe rsons and Related Transna tional Crime, 139

'BearCat' armoured rescue ve hicles, 153

Beijing Treaty on Audiovisual Performances , 14, 80 ,93

billboard and outdoor advertising, regulation of, 187

biometric data, 22 , 74, 137

Blunn-K rieger report, 14, 95 Brimble. Dianne, 22

BrowseA loud, 96 , 107

Building C omm unity Resilience Gra nts Program, 24 , 154

Central African Republic, 352

Centre for Asia-Pacific Pro Bono, 11 0

CERT Australia, 20, 130

Charter of Human Rights and Responsibilities Act 2006 (Vic]. 183

chemical security man agement , 23 , 26, 47 , 68, 126 , 132 , 144 , 175,201

child abd uction, 15, 63, 72, 83, 182, 192

children's contact services, 116

China

international transfer-of -prisoner treaty with, 142

MoU on legal cooperation with, 14, 94

Civil Dispute Resolution Act 2011, 81, 98

Civil Justice and Legal Services Group, 40, 41

Access to Justice Division, 44

Civil La w D ivision, 43-4

functions, 43-4

highlights, 11-17

International Law and Human Rights Division. 43

Office of Legislative Drafting and Publishing, 44, 74, 96

performance report, departmental programs see Program 1.1

performance reports, adm inistered programs see Prog ram 1.3; Program 1.4; Program 1.5 Social Inclusion Division, 44, 330

civil law, 43

ATTORNEY-GENERAL 'S DEPARTMENT I ANNUAL REPORT 2011-12

Clare, Hon Jason, 4

classification [publications , films and computer games]. 14-15,93-4,101, 188-9, 199

B ills, 14, 189

C lassification Liaison Schem e, 93 -4

Closing the Gap in the Northern Territory , 79, 100,117-18,119,121,230

'collar bomb ' incident in Mosman, Sydney, 141

Comcare, 220

Com Law , 96, 107

Common Alerting Protocol, 37

Commonwealth Director of Public Prosecutions v Poniatowska, 183

Commonwealth Fraud and Corruption N etwork, 69

Commonwealth Heads of Government meet ing, 4

Commonwealth Law Ministers, 126

Commonwealth Legal Assistance Guidelines 2012,110

Commonwealth Organised Crime Compe ndium, 21

Commonwealt h Organised C rime Response Plan, 127 , 165 see also Orga nised Crime Strategic Framework

commun ications see crisis management and communicat ions; information technology and communications; media and communications

Community Engagement Police Officers, 118, 120

community lega l centres, 79, 87

Community Lega l Services Program, 16, 227, 231

community patrols in NT, 117 , 119 , 230

Comm unity Services and H ealth Industry Sk ills Counci l Ltd, 82

complaints handling, 329-30

computer emergency response team see CERT Australia

computer games classification , 14, 189

consultancy services, 204-5

contact details, ii

continental shelf proclama tion, 12

contract law , 14, 80 , 95-6, 100

contract access clauses, 204 see also purchasing

corporate commun ications, 175

corporate governance , 169-76

corporate services, 42

corruption countermeasu res see anti-corruption initiat ives

Cote d'lvoire , 352

Council of Australian Governments

Review of Counter-Terrorism Laws, 71

Review of Effective ness of Relief and Re covery Pa ym ents, 71