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Annual Report 2003-04 Report on Performance

Reporting basis and approach

Performance reporting in this annual report is based on the outcomes and outputs structure and performance information set out in the 2003-04 Portfolio Budget Statements (PBS).

The approach to the report on performance has been varied this year to take account of feedback on the previous annual report. The aim has been to achieve a balance between assessments of progress towards the Department's outcomes and descriptions of the diverse activities of the Department. This acknowledges the dual role of the annual report - it is both a key accountability document to Parliament as well as an informative record of the year's activities.

The Department supports the Australian Government in the maintenance of Australia's system of law and justice, and administers the programs for which the Attorney-General and Minister for Justice and Customs are responsible. The Department's outcomes are expressed in relatively broad, societal terms. While the Department is the primary driver of its two outcomes, it does not work in isolation in realising its achievements. The report refers to the extensive cooperative and consultative networks with other organisations, along with external factors that can have an impact on the Department, including significant domestic and international events or trends.

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Performance report structure

At outcome level, each performance report contains:

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

At output level, each performance report contains:

• an overview and highlights of how the Department fulfilled the output (and so achieved the related outcome in 2003-04)
• reports on the performance measures associated with the output
• an outlook statement highlighting activities or goals for the next financial year
• results of evaluations or reviews, and
• purchaser-provider arrangements where relevant.

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

Overview

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

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

During 2003-04 the Department made substantial contributions to various government initiatives, drawing positive comments from stakeholders, including the Attorney-General. The performance reports for each output contributing to Outcome 1, presented further on in this section, expand on these aspects.

Highlights for 2003-04

• On 6 May 2004, the Attorney-General announced a comprehensive package of migration litigation reforms. The package of reforms includes directing migration cases to the Federal Magistrates Court and the provision of $34.2 million over four years in the 2004-05 Budget for the appointment of eight additional magistrates to accommodate this increase in workload. Federal court processes will be revised to reduce procedural delays and measures will be introduced to deter the bringing of unmeritorious cases. This comprehensive package of reforms is designed to ensure that migration cases are dealt with quickly and fairly, with improved access to justice for all cases with merit through the more efficient use of federal judicial resources.
• The Department worked with the Insolvency and Trustee Service Australia (ITSA) to support the Government in securing the enactment of the Bankruptcy Legislation Amendment Act 2004. This is a significant reform to Australia's personal insolvency law. The amendments increase the disclosure requirements of debtors, creditors and trustees involved in voluntary insolvency arrangements. They simplify the framework for voluntary insolvency arrangements, replacing three types of arrangement with a single form of arrangement, called a personal insolvency agreement.
• The reforms to the Marriage Celebrants Program contained in the Marriage Amendment Act 2002 came into effect on 1 September 2003. The reforms are intended to raise the overall standard of marriage celebrancy in Australia.
• The main elements of the reforms are:
  • a new appointments process for Commonwealth-appointed marriage celebrants, and
  • a range of measures to ensure continuous improvement in the standard of Commonwealth-appointed marriage celebrants.
• During a transitional period of five years a cap has been imposed on the number of marriage celebrants able to be registered each year. The Department received 1008 applications for registration as a marriage celebrant between 1 September 2003 and 30 June 2004.
• The Department helped the Government participate in the Proliferation Security Initiative (PSI), a multi-nation activity aimed at preventing the development and transfer of Weapons of Mass Destruction. Legal advice on relevant international law and on domestic implementation of PSI commitments has been important to enable the PSI, and particularly Australia's role to be carried out lawfully.
• The Legislative Instruments Act 2003 was enacted in December 2003. The Act, which will come into force on 1 January 2005, introduces a modern regime for managing Commonwealth legislative instruments. It establishes the Federal Register of Legislative Instruments to provide the public with quick and easy access to instruments and related material through the Internet. Commonwealth rule-making agencies will be required to register their legislative instruments. The Department will operate the Register, and is heavily engaged in developing IT and other administrative arrangements for it. The Department is conducting an education and information program for rule-making agencies and other stakeholders throughout 2004.
• The Department took a lead role in negotiating the copyright aspects of the Australia-United States Free Trade Agreement (AUSFTA), which was concluded in February 2004. It also played a key role in negotiation of other chapters of the FTA and in preparing legislation to implement the AUSFTA.
• A discussion paper on information and employee records was released in February 2004. The paper is part of a review of employee records privacy being conducted by officers of the Department and the Department of Employment and Workplace Relations. It examined the extent of privacy protection of employee records and whether there was a need for further measures.
• The Department worked in consultation with other Australian Government agencies to promote fair and sustainable outcomes in native title matters. The continued focus was on resolving native title claims through consent determinations and through the development and negotiation of Indigenous Land Use Agreements (ILUAs). The Government was a party to one consent determination of native title, and expressed its in-principle agreement to proposals for determinations in three other cases. The number of ILUAs to which the Australian Government is a party doubled over the year from four to eight. Three of the additional ILUAs have been registered and placed on the National Native Title Tribunal's Register of Indigenous Land Use Agreements.

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Resource summary

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

* Full-year budget, including additional estimates  ** Budget prior to additional estimates

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Administered items for Outcome 1

Payments for the provision of legal aid

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

Commonwealth funding for legal aid was provided to States and Territories in accordance with the provisions of the legal aid agreements. In addition to funding under these agreements, funding was provided under specific initiatives to enhance primary dispute resolution services and to assist with costs in expensive criminal cases arising under Commonwealth law. The Legal Aid Office of the Australian Capital Territory (ACT) receives separate funding for war veteran's matters in the ACT.

The Commonwealth has agreements with the Governments of the ACT, New South Wales, Northern Territory, South Australia, Tasmania and Western Australia to assess applications for legal aid and to provide legal aid services on matters arising under Commonwealth law. Family law is a significant area of Commonwealth assistance. Services to clients included the provision of information, advice, duty lawyer services and community legal education.

Family Relationships Services Program

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

The Family Relationships Services Program is jointly funded by the Attorney-General's Department and the Department of Family and Community Services (FaCS). Funding from the Department's appropriation enables people to resolve their family law matters through primary dispute resolution processes. FaCS administers the program under the Business Partnership Agreement with the Department. In 2003-04, FaCS reviewed the program in collaboration with the Department, providing valuable information for its future development.

In 2003-04, the Attorney-General, through FaCS, funded 66 community organisations to provide services for families. These organisations delivered counselling and mediation under the Family Law Act 1975, conciliation services, children's contact services, primary dispute resolution services in 35 rural and regional locations and a contact orders program. The contact orders program expanded in 2003-04, with the establishment of two new services, one in Melbourne and the other in Brisbane. The contact orders program helps separated families in high conflict over contact between children and parents.

The Department also promoted professional development for primary dispute resolution practitioners by funding research and training and the development of resource materials for service providers.

Commonwealth legal aid program

Funds provided in accordance with formal agreements between the Commonwealth and relevant State an d Territory legal aid commissions

Commonwealth funding for legal aid was provided directly to legal aid commissions in Victoria and Queensland. In addition to funding provided under the legal aid agreements, funding was provided under specific initiatives to enhance primary dispute resolution services to the Queensland Legal Aid Commission.

Commonwealth funding was provided to assist legal aid clients with matters arising under Commonwealth law. Family law is a significant area of Commonwealth assistance. Services to clients included the provision of information, advice, duty lawyer services and community legal education.

Community legal services

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

In 2003-04 127 community legal centres were funded under the Commonwealth Community Legal Services Program to provide legal assistance to disadvantaged members of the Australian community and those with special needs. Funds were provided in accordance with service agreements.

The Department implemented a new data collection and reporting system for community legal centres in 2003-04. The new system is designed to meet the business needs of community legal services at the same time as providing improved collection and monitoring of performance information under the service agreement.

Financial assistance towards legal costs and related expenses

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

The Department administers a range of schemes for legal or financial assistance, including statutory schemes under the Native Title Act 1993, the Workplace Relations Act 1996, the Federal Proceedings (Costs) Act 1981 and the Australian Crime Commission Act 2002 and non-statutory schemes such as the Commonwealth Public Interest and Test Cases Scheme, the Common Law (Native Title) Scheme, the Overseas Custody (Child Removal) Scheme, the Royal Commissions and Inquiries Scheme and the Special Circumstances (Overseas) Scheme. The largest appropriation is for administration of the scheme of financial assistance for respondents to native title claims. See page 54 for more information.

The Department implemented a number of measures to address the delays that had developed in earlier years in processing applications and invoices for work performed under grants of financial assistance. The measures include engaging additional staff and developing a new database and automated workflow system to improve financial control and reporting. (It was anticipated that the new database would go live shortly after the end of the reporting period). These measures have reduced but not eliminated the backlog.

Family Court of Western Australia - operating expenses

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

The Family Court of Western Australia (FCWA) is a State court established under the Family Law Act 1975 (Cth) and the Family Court Act 1997 (WA). By agreement between the Commonwealth and Western Australia under section 41 of the Family Law Act, the Commonwealth contributes most of the operating expenses of the FCWA.

The Commonwealth's funding of the FCWA ensures access for all Australians to the civil justice system. Payments totalling $10,729,000 in 2003-04 were made in accordance with the Commonwealth-State agreement.

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

Funds provided in accordance with Commonwealth/State agreements

Subsection 39(6) of the Family Law Act 1975 invests State courts of summary jurisdiction with federal jurisdiction in family law matters subject to some limitations. Federal jurisdiction is also invested in State courts of summary jurisdiction under section 104 of the Child Support (Registration and Collection) Act 1988 and section 99 of the Child Support (Assessment) Act 1989. Under Commonwealth-State agreements, the Commonwealth makes payments for work performed by the States in respect of federal family law and child support matters.

This funding ensures access for all Australians to the civil justice system. Payments to States were made in accordance with Commonwealth-State agreements.

Australian organisations - grants

Grants made in accordance with agreed funding arrangements

In accordance with Governmental guidelines, discretionary grants were made to 11 Australian organisations in 2003-04.

Grants to these organisations have a number of purposes, including the development and promotion of a better understanding of Australia's civil justice system. Payments of grants to organisations in 2003-04 were made in accordance with agreements setting out conditions for their use.

The Australian Institute of Judicial Administration (AIJA) is an incorporated association affiliated with Monash University. Its main functions are the conduct of professional skills courses, conferences and seminars for judicial officers and others involved in the administration of the justice system, research into various aspects of judicial administration, and the collection and dissemination of information on judicial administration. The AIJA receives funding from all Australian jurisdictions through the Standing Committee of Attorneys-General. The Government's contribution to the AIJA in 2003-04 was $201,350.

The National Judicial College of Australia (NJCA) is an independent entity located at the Australian National University in Canberra. It aims to enhance the professional development of Australian judges and judicial officers, and to help the judiciary perform at the highest standards, through the delivery of judicial education programs dealing with areas such as development of practical skills, and education in legal and social issues. The NJCA receives funding through the Standing Committee of Attorneys-General from the Australian Government and other participating jurisdictions. The Government's contribution to the College for 2003-04 was $407,148, which comprised grants toward the operating costs of the College and the development of its online resources.

The Asian Law Centre promotes the teaching of Asian Law in Australia and the teaching of Australian law in Asia, encourages the linkage of law studies with other Asian studies, promotes exchanges with Asian institutions and seeks to improve Australia's knowledge of laws in our region. Two grants for $4000 were made during the reporting period.

The Australian Red Cross disseminates information on international humanitarian law to our servicemen and women as well as aid volunteers and the general public. A grant of $150,000 was made to the Red Cross to help raise awareness and understanding of international humanitarian law.

The Australian Centre for International Commercial Arbitration (ACICA) is a not-for-profit organisation working to develop Australia's profile in international commercial dispute resolution and to promote Australia as a venue for international commercial arbitrations. A grant of $10,000 was paid to ACICA to support the organisation of the Asian Arbitration Conference: International Commercial Arbitration in the Asia-Pacific Region.

The National Mediation Conference Limited (NMCL) has organised, since 1998, biennial National Mediation Conferences. The 7th National Mediation Conference was held in Darwin from 30 June to 2 July 2004. A grant of $30,000 was provided to the NMCL to arrange consultations concerning mediator accreditation. Such consultations were expected to build on the work of the National Alternative Dispute Resolution Advisory Council in relation to mediator accreditation, including the workshop on this subject during the 7th National Mediation Conference.

A grant of $27,000 was provided to the Deafness Forum Ltd to administer and manage the Disability Discrimination Act Standards Project, which facilitates and coordinates the involvement of the disability sector in the development of Disability Standards under section 31 of the Disability Discrimination Act 1992.

A grant of $20,000 was paid to the National Committee on Human Rights Education to help with the international human rights education conference Human Rights, New Paradigms and New Responsibilities, held at the University of Technology, Sydney, 5-6 December 2003. The Committee develops strategies for the effective and coordinated delivery of human rights education throughout Australia in line with the objectives of the UN Decade of Human Rights Education (1995-2004). It operates as a cooperative venture between relevant government and non-government agencies, business and the community sector.

A grant of $50,000 was paid to People with Disability Australia Incorporated (PWD) to facilitate disability sector consultations on the proposed United Nations Convention on the Rights of People with Disabilities before the fourth session of the United Nations Ad Hoc Committee. PWD is a non-profit, non-governmental organisation. It is a national peak disability rights and advocacy organisation. The funding is for PWD to conduct broad-based consultations in close cooperation with the Australian Federation of Disability Organisations and the National Association of Community Legal Centres.

The World Congress on Family Law and Children's Rights Inc is responsible for bringing together lawyers, judges, health care professionals, politicians, and community and government representatives from the private and business sectors who share a common concern about the rights of children. It is a high-profile gathering that reviews emerging issues affecting the administration of child protection including post-separation parenting and children's rights. The 4th World Congress will evaluate the progress and achievements relating to the UN Convention on the Rights of the Child on its 15th anniversary, and will explore the challenges ahead in securing rights to children in the 21st century.

The payment of $30,000 is to establish 'The Hon. Dr Peter Nygh Memorial Lecture' and contribute to the running costs of the 4th World Congress to be held in Cape Town in March 2005. Dr Nygh contributed greatly to family law in Australia. His career included terms as a judge of the Family Court of Australia, chairperson of the Family Law Council, and Director of Studies for the World Congress.

A seed funding payment of $10,000 was provided to the Australian branch of International Social Service (ISS Australia) to help examine models for counselling services for persons affected by cases of international parental child abduction. Similar services exist in the United Kingdom and the United States.

International bodies - membership contributions

Grants made in accordance with agreed rates of contribution

In accordance with the undertakings Australia has made as a member of various international bodies, payments were made to four international organisations in 2003-04. Contributions were made to help Australia participate effectively in international developments relevant to Australia's civil justice system. Payments for membership were made in accordance with agreed rates of contribution.

The Hague Conference on Private International Law develops and promotes the implementation of private international law conventions in civil and commercial matters. It is supported by 64 member countries. Australia's participation enables Australians to benefit from arrangements for the protection of their interests in other countries in areas such as child abduction, custody, welfare and protection, divorce, and international judicial cooperation between courts (including taking of evidence and the development of a consistent approach to the law applicable to rights with respect to securities held with an intermediary).

Payments made to the Hague Conference comprised Australia's membership contributions ($170,579) and a voluntary contribution ($8643) toward the administrative costs of an ad hoc meeting in April 2004 of a Special Commission. The meeting related to a Proposed Convention on Jurisdiction, Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.

A payment of $8750 was also made to the Special Fund of the Hague Conference. The fund will facilitate the participation of certain non-member States (representatives of Least Developing Countries and Developing Countries) in preparing a new international child support convention. Several other Member States also made voluntary contributions to the Special Fund for this purpose.

Australia's contribution to the World Intellectual Property Organisation (Berne Union for the protection of the rights of authors in their literary and artistic works) was $194,936. The Berne Union comprises member countries of the Berne Convention on Copyright, the foundation and most important treaty on international copyright standards. These standards are reflected extensively in the Copyright Act 1968.

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

UNIDROIT is financed by annual contributions from member countries, fixed by the General Assembly, as well as a basic annual contribution from the Italian Government. In 2003-04, Australia's membership contribution was $66,670. Membership of UNIDROIT is restricted to countries acceding to the UNIDROIT Statute. UNIDROIT's member countries are drawn from a variety of different legal, economic and political systems as well as different cultural backgrounds.

During the year, Mr Ian Govey, Deputy Secretary, was elected to the Governing Council of the Institute. UNIDROIT's current projects include the development of principles and rules of transnational civil procedure and an instrument governing transactions on transnational and connected capital markets. A new edition of the highly respected Principles of International Commercial Contracts was published in 2004. The Hon Justice Paul Finn of the Federal Court of Australia was a member of the working group revising the Principles.

International Social Service (ISS) is a non-government organisation that provides an independent and professional social work service across national boundaries. As part of this role ISS maintains the International Resource Centre for the Protection of Children in Adoption (ISS/IRC). A membership contribution of $30,000 was made to secure Australia's access to the database, which provides current, detailed and impartial information on foreign adoption laws and procedures. As the Australian Federal Central Authority for the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the Department receives significant assistance from the information provided by the ISS/IRC.

Publication of Acts and Statutory Rules

Expenditure in accordance with the Legislative Printing Program

The administered program deals with the printing and publishing of Commonwealth legislation in hard copy form including numbered Acts and Statutory Rules, reprints of Acts and Statutory Rules, bound volumes of Acts and Statutory Rules, and tables and indexes. The program contributes to an equitable and accessible system of federal civil justice by making legislation available to the Australian community after it is enacted or made. The high volume output of printed material prepared in 2003-04 included 172 numbered Acts, 374 numbered Statutory Rules, 48 titles of reprinted Acts, Statutory Rules (17,341 pages), five bound volumes of Acts 2003 (5875 pages) and tables (1253 pages).

In 2003-04, $1.57 million was allocated to the program and $1.31 million was spent.

Over recent years the Department has been updating the printing schedule of Annual Volumes of Acts and Statutory Rules. The project will be completed in late 2004.

In recent years the demand for hard copy reprints has tended to decline with the increasing use of electronic consolidations of Commonwealth legislation. The electronic consolidations are available free through SCALEplus and updated much more frequently than is possible with reprints. This trend was interrupted in 2003-04 because several Acts and Statutory Rules that had not been reprinted for a significant period were urgently required.

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

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

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

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

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

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

Judges Pensions Act 1968

Payments made in accordance with entitlements and agreed arrangements

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

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

Remuneration and Allowances Act 1990 - Justices of the High Court

Payments made in accordance with entitlements and agreed arrangements

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

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

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

Payments made in accordance with Commonwealth/NSW funding agreement

Law Courts Limited is a not-for-profit jointly-owned Australian and NSW State Government corporation, established to manage the Sydney Law Courts building. The corporation has a Board of six people - three Australian Government directors, who are appointed by the Attorney-General and three State Government directors who are appointed by the NSW Attorney-General.

Contributions to the operating expenses of the Law Courts building are jointly made on the basis of 47.5 per cent by the Australian Government and 52.5 per cent by the NSW State Government. Payments were made accordingly.

In previous years the Department has been responsible for making a contribution to the operational expenses of the joint Law Courts Library which services all occupant jurisdictions. Following agreement, this funding was transferred from the Department to the Federal Court of Australia, which will help the Library better manage its resources.

Royal Commissions into the Building and Construction Industry and the failure of the HIH Insurance Group

Payments to creditors processed and expenditure recorded in accordance with directions of the Royal Commissioners

The Commissions completed their inquiries and reported to Government during the 2002-03 financial year. Residual expenditures following the winding up of the Commissions continued into the 2003-04 financial year.

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

Performance overview

Output 1.1 is the responsibility of Civil Justice Division. Through the Division, the Department provided timely and sound assistance to the Attorney-General and the Government, helping ensure an equitable and accessible system of federal civil justice.

• The Age Discrimination Act 2004 came into force on 23 June 2004. The Act aims to eliminate unfair age discrimination and ensure that all Australians, regardless of age, have the opportunity to participate in the social and economic life of the nation. See page 37 for more information.
• The Sex Discrimination Amendment (Pregnancy and Work) Act 2002 came into force on 12 November 2003. These amendments are a practical step towards protecting women from discrimination in the workplace when they are pregnant or may become pregnant. See page 37 for more information.
• Final drafts of the Disability Standards for Education and accompanying documents were released. The standards will clarify and elaborate the obligations of education and training providers for students with disabilities under the Disability Discrimination Act 1992. See page 38 for more information.
• The Legislative Instruments Act 2003 received Royal Assent on 17 December 2003 and will come into force on 1 January 2005. The Act establishes an electronic register of legislative instruments to provide the public with quick and easy access to Australian Government instruments and related material via the Internet and reforms the process for developing legislative instruments to enhance transparency and accountability. See page 34 for more information.
• Chief Federal Magistrate Diana Bryant was appointed Chief Justice of the Family Court of Australia with effect from 5 July 2004. Justice John Faulks was appointed as Deputy Chief Justice of the Court. Mr John Pascoe AO was appointed as Chief Federal Magistrate from 14 July 2004. See page 33 for more information.
• To meet an expanding workload (and separately from the migration measures mentioned below), four additional magistrates were appointed to the Federal Magistrates Court between January and May 2004 - two from funding provided in the 2003-04 Budget ($4.4 million over four years), and two from funding transferred from the Family Court of Australia following the Government's decision to appoint two magistrates rather than replace two Family Court judges. See page 33 for more information on the work of the Federal Magistrates Court in family law, migration and other litigation.
• In January 2004, the Migration Litigation Review reported on measures for the more efficient management of migration cases. The first stage of the Government's response to the review was the introduction of the Migration Amendment (Judicial review) Bill 2004. The Government's reforms to improve migration litigation processes following the Review include $34.2 million over four years from 2004-05 to enable eight additional magistrates to be appointed to the Federal Magistrates Court to improve the overall efficiency of migration litigation. See page 32 for more information.
• The Department advised the Attorney-General and the Government on ways to improve the family courts system during the Government's consideration of the report on child custody arrangements, Every picture tells a story. On 29 July 2004 the Prime Minister announced a range of proposals to reform the family law system, including changes to make the court system easier for separating parents to navigate. See below for more information.
• Mr Tom Calma was appointed as Aboriginal and Torres Strait Islander Social Justice Commissioner with effect from 12 July 2004.

Performance measures

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

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

Family separation - institutional frameworks

On 29 July 2004 the Prime Minister announced major proposals to reform the family law system in Australia. The Government took into account many of the findings of the House of Representatives Standing Committee on Family and Community Affairs report on child custody arrangements in the event of family separation, Every picture tells a story. In the lead-up to the Prime Minister's announcement, the Department advised the Attorney-General and the Government on the role and operation of the courts system in relation to family separation and possible ways of improving that system. In giving this advice, the Department also took into account the report of the Australian National Audit Office, Client service in the Family Court of Australia and the Federal Magistrates Court, which was tabled on 20 May 2004.

Federal Civil Justice System Strategy Paper

On 9 March 2004, the Attorney-General released the Federal Civil Justice System Strategy Paper for public comment. The paper, prepared by the Department, focuses on ways to improve the management of federal civil disputes, how litigants interact with the system, and the role of courts and lawyers in the system. The paper proposes that the objective of the federal civil justice system should be to provide a just and accessible means of resolving disputes in an efficient and effective manner. It recommends a number of short-term improvements to the system as well as identifying key goals to aid strategic planning. Submissions were received from a broad range of stakeholders, including the federal courts, the legal profession, legal service providers and public interest groups. The Government is considering the paper and submissions.

Migration litigation reforms

In response to the increasingly large numbers of migration cases before the High Court, the Federal Court and the Federal Magistrates Court, and the very low success rate of applicants, the Government established the Migration Litigation Review in October 2003. Its task was to inquire into and report on measures to manage migration cases more efficiently.

Ms Hilary Penfold PSM QC headed the review. It was advised by a high-level steering committee comprising a Federal Court judge, a federal magistrate, a member of the Refugee Review Tribunal, the Chief General Counsel of the Australian Government Solicitor, and deputy secretaries from the Attorney-General's Department, the Department of Immigration and Multicultural and Indigenous Affairs and the Department of the Prime Minister and Cabinet. The review reported in January 2004.

The Government's comprehensive package of reforms to improve migration litigation processes include the provision of $34.2 million over four years in the 2004-05 Budget for eight additional magistrates to be appointed to the Federal Magistrates Court. The appointments were announced in late June 2004. Other key aspects of the package of reforms are: the direction of migration cases to the Federal Magistrates Court for quicker handling; reforms to court processes to reduce delays; and measures to deter unmeritorious migration cases that waste scarce judicial resources.

Federal Magistrates Court

The Federal Magistrates Court (FMC) continued to make a valuable contribution to the efficient and effective operation of the federal civil justice system.

The Family Law Amendment Bill 2004, introduced into the Parliament on 1 April 2004, includes amendments to the Family Law Act 1975. They permit direct transfers of family law matters from courts of summary jurisdiction to the FMC, on the courts' own initiatives. This will improve accessibility to the courts for separating families.

A review of the first two years of operation of the FMC found that the court was meeting its objectives of providing a quick and accessible forum for litigants in less complex family law and other general federal law disputes - thus enabling the Family and Federal Courts to focus on more complex and lengthy matters. The review made a number of recommendations to make the operation of the FMC more effective. Two of those recommendations involve legislative amendment:

• that the FMC be given jurisdiction to hear any civil matter remitted from the Family or Federal Courts, and
• that additional jurisdiction be conferred on the FMC under the Trade Practices Act 1974 to equate with the jurisdiction of lower-level State/Territory courts.

A report of the Senate Economics References Committee, The effectiveness of the Trade Practices Act 1974 in protecting small business (tabled in the Senate on 1 March 2004), recommended that jurisdiction be conferred on the FMC under Parts IVA (unconscionable conduct) and IVB (contravention of industry codes) of the Trade Practices Act. The Government has accepted this recommendation. Its implementation will substantially implement the recommendation of the review of the FMC about jurisdiction in trade practices matters. The Government is considering the other recommendation made by the review for legislative change.

The Government is also proposing to confer jurisdiction on the FMC in less complex corporate insolvency matters, matters arising under the manufacturers' liability provisions of the Trade Practices Act, and consumer protection matters in relation to financial services.

On 19 February 2004, the Advisory Council on Intellectual Property released a report recommending that jurisdiction be conferred on the FMC in all patent, trade mark and design matters. The Government is considering the recommendations of the report.

Appointments to federal courts and tribunals

The Department helped the Attorney-General make 76 appointments to federal courts and tribunals, including 16 judicial appointments and 52 appointments to the Administrative Appeals Tribunal (AAT).

Chief Federal Magistrate Diana Bryant was appointed as Chief Justice of the Family Court of Australia with effect from 5 July 2004.

She replaced the Hon Alastair Nicholson AO RFD. Justice John Faulks was appointed as Deputy Chief Justice of the Court. Mr John Pascoe AO was appointed as Chief Federal Magistrate to replace Chief Justice Bryant. Twelve additional federal magistrates were appointed, four of whom took up their appointments in the first half of 2004 and eight of whom will take up their appointments during July to September 2004.

AAT appointments included seven Deputy Presidents, nine senior members and a new Registrar, Mr Doug Humphreys.

The Department assisted with five appointments to the National Native Title Tribunal, including the re-appointment of the President, Mr Graeme Neate.

Reform to federal merits review tribunals

The Attorney-General released an exposure draft of the Administrative Appeals Tribunal Bill for public comment on 31 May 2004. The Bill will give the AAT greater flexibility to manage its workload, and will ensure that reviews are conducted as efficiently as possible. The Department has also continued to work with the AAT, the Social Security Appeals Tribunal, the Refugee Review Tribunal, the Migration Review Tribunal and the Veterans' Review Board as well as relevant Australian Government departments on measures to achieve efficiencies in the administration of these tribunals.

Legislative Instruments Act

The Department assisted the Attorney-Gener al in the passage of the Legislative Instruments Act 2003. The Act will commence on 1 January 2005. It establishes an electronic register of legislative instruments and reforms the process of making legislative instruments to enhance transparency and accountability. The register will include up-to-date compilations of legislative instruments so the public can easily see laws as they stand after amendment. The Act also provides for: consultation before instruments are made; tabling in Parliament to ensure parliamentary scrutiny; and sunsetting of instruments to ensure instruments are up-to-date and only in operation as long as necessary.

Rewrite of the Federal Court Regulations

A rewrite of the Federal Court of Australia Regulations 1978 was substantially completed at the end of the reporting period. The revised regulations will adopt a simplified structure, making them easier for Federal Court users to understand and for the Court to administer. The revised regulations will also facilitate new methods for the payment of fees in line with current commercial practices. The revised regulations are expected to be brought into effect during the next financial year.

Western Australian courts with family law jurisdiction

Substantial progress was made on drafting amendments to the Family Law Act 1975 and other legislation to expand the jurisdiction of the Perth Court of Petty Sessions to match the jurisdiction of the Federal Magistrates Court in family law and child support matters. The amendments would implement a recommendation of the 2003 review of the workload and resources of the Family Court of Western Australia and its co-located Perth Court of Petty Sessions.

Fees increases

The High Court of Australia (Fees) Regulations 1991, the Federal Court of Australia Regulations 1978, the Family Law Regulations 1984, the Federal Magistrates Regulations 2000, the Administrative Appeals Tribunal Regulations 1976 and the Native Title (Tribunal) Regulations 1993 all provide for automatic two-yearly increases in court fees payable by litigants to reflect changes in the CPI.

A 5.5 per cent fee increase took effect on 1 July 2004. The new fees were published in the Government Notices Gazette on 2 June 2004. The Department notified the courts, the law profession and legal publishers.

Protocol for handling serious complaints against federal judges and magistrates

The Department helped the Attorney-General develop a protocol for the receipt and investigation of serious complaints against federal judicial officers. By the end of 2003, comments had been received on a draft protocol from the Chief Justices of the High Court, the Federal Court and the Family Court and the Chief Federal Magistrate. The Government is considering these comments in further development of the draft protocol.

Amendments to the Judges' Pensions Regulations

In December 2003, the Judges' Pensions Regulations were amended as a consequence of amendments to the Family Law Act 1975 providing for the splitting of superannuation interests on marriage breakdown. Where a judge's marriage breaks down, the Regulations identify factors that are used in establishing the proportion of the judge's pension entitlement that had accrued at the time of the marriage breakdown.

Court security

A review of security at the four federal courts - the High Court, the Federal Court, the Family Court and the Federal Magistrates Court - was finalised in July 2003. The review led to the announcement of court security measures in the 2004-05 Budget.

Alternative dispute resolution

Alternative dispute resolution enables prevention, management and resolution of disputes without the need for a judicial determination. It is applied in a range of areas, such as family law, human rights and equal opportunity, commercial litigation, native title and administrative law. Specific applications of alternative (also called 'primary') dispute resolution are covered under other relevant outputs areas in this annual report.

The Department provides secretariat support to the National Alternative Dispute Resolution Advisory Council, which provides independent expert advice to the Attorney-General on alternative dispute resolution issues.

The Attorney-General appointed Justice Murray Kellam, Supreme Court of Victoria, as the new chair of the Council from 1 January 2004. Justice Kellam took over from Professor Laurence Boulle of Bond University.

Highlights of the Council's work during 2003-04 were:

• a conference in September 2003 to promote business use of alternative dispute resolution
• joint publication with the Australian Institute of Judicial Administration of Court Referral to ADR: Criteria and research
• continued consultation with Indigenous dispute resolution practitioners and agencies
• the launch of a discussion paper on mediator accreditation
• the completion of a review and a database of Commonwealth statutory provisions affecting alternative dispute resolution
• the promotion of improved research into alternative dispute resolution, including the development of a guide for researchers
• the preparation of timely submissions to the Attorney-General and the Department on:
  • Government agency use of alternative dispute resolution
  • reforms to the Administrative Appeals Tribunal Act 1975
  • the Report of the Parliamentary Inquiry into Child Custody Arrangements in the Event of Family Separation
  • the Attorney-General's Department's Federal Civil Justice System Strategy Paper, and
• effective contributions to the work of other bodies, including Standards Australia, the UN Forum on On-line Dispute Resolution, and the National Competition Council.

Full details of the Council's work during 2003-04 are in the separate annual report published by the Council.

National Judicial College of Australia

The Department supported the National Judicial College of Australia, which aims to enhance the professional development of Australian judges and judicial officers through the delivery of judicial education programs dealing with areas such as development of practical skills, and education in legal and social issues. The Secretary of the Department,

Mr Robert Cornall, is a member of the College Council as the nominee of the Australian Government Attorney-General. In 2003-04, the College began delivering programs for both new and experienced magistrates and judges.

Human Rights and Equal Opportunity Commission

The Australian Human Rights Commission Legislation Bill 2003 was introduced into the House of Representatives on 27 March 2003, passed that House on 27 June 2003, and was introduced into the Senate on 11 August 2003. On its introduction to Parliament the Bill was referred to the Senate Legal and Constitutional Legislation Committee, which reported on

29 May 2003. The amendments proposed by the Bill would replace the current structure of five portfolio-specific Commissioners with a more flexible structure of a President and three Human Rights Commissioners. This would ensure the Commission was better equipped to take on new areas of responsibility, such as age discrimination. The amendments would also re-focus the Commission's functions to give greater legislative priority to education and dissemination of information on human rights. This recognises that education is the most powerful way to produce widespread systemic change.

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

Hague Conference on Private International Law

The Department's work enables Australia to continue to be an active member of The Hague Conference on Private International Law, a global inter-governmental organisation involved in promoting international judicial and administrative cooperation. This assists in safeguarding and promoting the legal interests of Australia's citizens and business overseas, especially in the protection of the family and children, commercial law and civil procedure. Australia is a party to a number of its multilateral treaties.

The Department supported the then Attorney-General, the Hon Daryl Williams AM QC MP, when he visited The Hague in October 2003 and met with Mr Hans van Loon, Secretary General of The Hague Conference, to discuss Australia's participation in the work of the Conference and to affirm Australia's recognition of its invaluable work.

Arrangements between Australia and New Zealand

Following a decision by the Prime Ministers of Australia and New Zealand in October 2003, the Department has supported the establishment and operation of a working group of Australian and New Zealand officials to develop a number of trans-Tasman proposals to enhance cooperation on court proceedings and regulatory enforcement (including such areas as service of process, taking of evidence, the recognition of judgments in civil and regulatory matters and regulatory enforcement). The Working Group which is jointly chaired by a deputy secretary of the Department and the New Zealand Justice Department, held its first meeting in Canberra in June 2004. Proposals for establishing a joint Trans-Tasman Therapeutic Products Agency have also been advanced. This raises a range of civil justice issues, including the best means of facilitating service and procedure, recognition of judgments, administrative law and rights to seek merits review, and the implementation of treaty-authorised legislative instruments.

Development of other agencies' legislative proposals

The Department helped the Government implement its civil justice system and administrative law policies by helping other agencies to develop their legislative proposals. This assistance meets the requirements of the Department of the Prime Minister and Cabinet's Legislation Handbook, which lists matters on which officers instructing on legislative proposals need to consult the Attorney-General's Department. These matters include jurisdiction of courts, review of the exercise of discretionary decision-making powers by ministers or officials, and use of evidentiary certificates.

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

• develop policies that recognise needs, rights and responsibilities of individuals and families; an appropriate balance of competing community interests; legitimate business and other economic interests

Age Discrimination Act 2004

The Department assisted the Attorney-General in the passage of the Age Discrimination Act 2004. The Act, and the substantive provisions of the Age Discrimination (Consequential Provisions) Act 2004, came into force on 23 June 2004.

The Age Discrimination Act prohibits age discrimination in a number of areas of public life, including employment, access to goods, services and facilities, access to premises, administration of Commonwealth laws and programs, education, accommodation, transfer of land and requests for information. The Act will help change negative stereotypes in the community about older and younger Australians, particularly in relation to the workplace, without imposing unnecessary burdens on business and other sectors of public life.

Sex Discrimination Amendment (Pregnancy and Work) Act 2002

The Department assisted the Attorney-General in the passage of the Sex Discrimination Amendment (Pregnancy and Work) Act 2002. The legislation came into effect on 12 November 2003.

The amendments to the Sex Discrimination Act 1984 provide clarity for all pregnant and potentially pregnant workers about their rights and responsibilities in the workplace. The amendments clarify that it is unlawful for job interviewees to be asked questions about pregnancy or potential pregnancy, to use information about pregnancy gained from medical examinations for discriminatory purposes (except where appropriate such as for genuine occupational health and safety reasons), or to discriminate against women who are breastfeeding.

Sex Discrimination Amendment (Teaching Profession) Bill 2004

The Sex Discrimination Amendment (Teaching Profession) Bill 2004 was introduced into the Parliament on 10 March 2004. It aims to remove the imbalance in the number of male and female school teachers and the effect of that imbalance on the education of male school students in particular. The Bill was passed by the House of Representatives on 24 March 2004, but rejected by the Senate on 25 June 2004.

Disability Discrimination Amendment Bill 2003

The Disability Discrimination Amendment Bill 2003 was introduced into the House of Representatives on 3 December 2003. It was referred to the Senate Legal and Constitutional Legislation Committee for inquiry. The Committee's report was released on 15 April 2004.

The amendments will clarify that it is not unlawful to discriminate on the ground of addiction to a prohibited drug if a person is addicted at the time of the discrimination. These amendments will apply to all areas covered by the Disability Discrimination Act 1992 (DDA), which include employment, education and the provision of goods and services. They will not apply to people lawfully using prohibited drugs, such as properly authorised use of methadone and other drugs of recovery. Recovered addicts, and people on programs or services for recovery treatment, will continue to retain protections from unlawful discrimination under the DDA.

As at the end of the reporting year the Government was considering its response to the Committee's report.

Proposed convention on the rights of people with disability

The Department played a key role in Australia's work in the United Nations to develop a draft convention on the rights of people with disability. The Department has been represented on all Australian delegations to the United Nations Ad Hoc Committee set up to consider the proposed convention. The third session was held in New York from 24 May 2004 to 4 June 2004. At the session, a draft text compiled by a UN Working Group formed the starting point for negotiations on proposed text. The Department prepared Australia's contribution to the UN Working Group in consultation with other agencies.

In cooperation with the Department of Family and Community Services, the Department consulted with State and Territory governments, peak disability and business groups and human rights organisations in February 2004 and June 2004 about the proposed convention. These consultations helped the Government prepare for the third and fourth sessions of the Ad Hoc Committee.

In June 2004 the Department provided a grant of $50,000 to facilitate grass roots disability sector consultations on the proposed Convention before the fourth session of the Ad Hoc Committee.

Disability standards for education

After extensive consultation and development, on 11 July 2003 the Minister for Education, Science and Training announced that the Australian Government would move unilaterally to implement the draft Disability Standards for Education. The draft Education Standards clarify and elaborate the obligations of education and training providers to students with disabilities under the Disability Discrimination Act 1992 (DDA), and provide guidance on how to meet these obligations. The Department continued to work closely with the Department of Education, Science and Training during the year to finalise the draft Education Standards, Guidance Notes and Regulation Impact Statement.

On 15 June 2004 the Government released final drafts of the Education Standards and accompanying documents for public information. It also announced that the Attorney-General would shortly introduce legislation to amend the DDA in minor areas where the draft Education Standards would vary the operation of the legislation. The Department, in collaboration with the Office of Parliamentary Counsel and the Department of Education, Science and Training, worked to prepare the Disability Discrimination Amendment (Education Standards) Bill for introduction into Parliament.

Disability standards for accessible public transport

The Disability Standards for Accessible Public Transport 2002 (Transport Standards) require transport operators and providers to take practical measures so that public transport will become more accessible for people with disabilities, as well as the elderly and those travelling with young children. On 2 April 2004 the Disability Standards for Accessible Public Transport Amendment 2004 (No 1) took effect. The Amendment clarified technical aspects of the Transport Standards by giving effect to the recommendations of a review undertaken by a multi-jurisdictional consultative committee.

The Disability Discrimination Amendment Regulations 2004 (No 1) took effect on 30 March 2004. The amendments prescribe the Accessible Public Transport Jurisdictional Committee (Jurisdictional Committee) as the body that the Human Rights and Equal Opportunity Commission (HREOC) is required to consult in considering applications for exemptions from the Transport Standards. The previous body prescribed had ceased to exist. The Amendment Regulations ensure that cross-jurisdictional transport policy and technical advice continues to be included in HREOC's consideration of all relevant exemption decisions.

The Transport Standards, Amendment and Guidelines to the Transport Standards are available electronically on the Department's web site at < http://www.ag.gov.au/www/agd/agd.nsf/Page/Humanrightsandanti-discrimination_Disabilitystandardsforaccessiblepublictransport >.

Disability standards for access to premises

The Department continued to work with the Australian Building Codes Board (ABCB) to develop a regime that will lead to accessible buildings without placing undue burdens on those who build them. Along with representatives from industry and the disability sector, the Department is a member of the ABCB's Building Access Policy Committee, which has been developing amendments to the Building Code of Australia to allow it to form the basis for a Disability Standard on access to premises (Premises Standards).

In February 2004 public consultations on the draft Premises Standards and associated documents were held in each capital city. The Department provided a speaker at these consultations. Each session was well attended and 270 public submissions on the draft Premises Standards were received. Public comments on the draft will be reviewed in order to make recommendations to the Australian Government.

International arrangements in relation to recognition and enforcement of foreign judgments

In recognition of the needs of those with international business interests, the Department was active in the work of developing a proposed Convention on Jurisdiction, Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. This covers the recognition and enforcement of judgments when an exclusive venue is chosen for dispute resolution. The Department participated in the Australian delegation at Special Commissions held at The Hague in December 2003 and April 2004 to negotiate the text of the proposed Convention. The text is expected to be finalised at a Diplomatic Conference of Member States to be held at Hague in February 2005.

Law and Justice Legislation Amendment Act 2004

The Law and Justice Legislation Amendment Act 2004 received Royal Assent on 26 May 2004. The Act amends a number of Acts relating to law and justice, corrects minor drafting errors, clarifies the operation of certain provisions, updates references to organisations and other Acts, and updates legislation to increase efficiencies and reflect current practices.

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

• explain, implement and apply the Government's policies

Non-government organisation forums

The 12th Attorney-General's Non-government Organisation (NGO) Forum on Domestic Human Rights was held on 28 November 2003. The forum provides an opportunity for the Attorney-General, the Department and community organisations to exchange information and discuss issues about human rights in Australia. The agenda is set by a committee comprising departmental and NGO representatives. The Attorney-General answered questions put forward by NGOs. A summary of the discussions held at the forum is available on the Department's web site.

International discussions

The Department participated in meetings with other countries to explain the Government's policies. A number of meetings were held:

• with officers of the Indonesian Ministry of Justice and Human Rights who were participating in an AusAID-funded Human Rights Study Program
• with representatives from the South Korean and Nepalese governments to discuss the development of the National Action Plan on Human Rights
• at the seventh round of the annual Australia-China Human Rights Dialogue, and
• at the third Australia-Vietnam Human Rights Dialogue.

The Department also participated in the delegation to the 48th United Nations Commission on the Status of Women.

Human rights education

During the reporting year the Department supported the activities of the National Committee on Human Rights Education. This Committee develops strategies for the effective and coordinated delivery of human rights education throughout Australia, in line with the objectives of the UN decade of Human Rights Education (1995-2004). The Committee operates as a cooperative venture between government and non-government agencies, business and the community. In December 2003, the committee organised a conference titled Human Rights: New Paradigms and New Responsibilities. The conference provided an opportunity for different sectors involved in human rights to meet and exchange ideas.

National Action Plan on Human Rights

The National Action Plan on Human Rights sets out the Australian Government's strategic approach to human rights in Australia. It provides a framework for specific initiatives to enhance the enjoyment of those rights. The plan also describes the comprehensive human rights protections that are already in place in Australia. It will replace Australia's 1994 National Action Plan.

During the reporting year, the Department provided a draft of the plan to the Human Rights and Equal Opportunity Commission, States and Territories and relevant non-Government organisations for their comments.

Hague Conference on Private International Law

The Department is Australia's Central Authority under the 1970 Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, and therefore helps process requests under that Convention. The Department also responds to queries from the public, including court registrars and members of the legal profession, about the service of civil and commercial documents abroad and the recognition of foreign judgments.

The Department participated in the Australian delegation at a Special Commission held at The Hague in October-November 2003, to enhance the practical operation of the service, evidence and legislation Conventions.

Outlook

The Department will help the Attorney-General and the Government improve the courts system. Particular areas of focus will include:

• the operation of the system in relation to family separation
• the potential for the benefits to the public of the quick and accessible forum provided by the Federal Magistrates Court to be further extended by increasing the jurisdiction of that court, and
• implementation of the Government's decision on migration litigation.

In human rights, the Department will continue to advise on achieving and maintaining an effective human rights system.

A major activity under way is preparation for the coming into operation of the Legislative Instruments Act 2003 on 1 January 2005. Many agencies have established contact officers for liaison on matters relating to the Act. The Department is handling a large number of requests for policy and legal advice on the impact of the Act and is meeting with many stakeholders to ensure a smooth transition to its commencement. Presentations at meetings and seminars, a web site, a handbook and other written material will assist agencies.

Evaluations

Review of Disability Discrimination Act 1992 by the Productivity Commission - due to report February 2004

The Productivity Commission began a review of the Disability Discrimination Act 1992 (DDA) in February 2003, in accordance with the Government's commitment to implement National Competition Policy. The Commission released an issues paper in March 2003 and a draft report on 31 October 2003, which was followed by a further round of public consultations. The final report was presented to the Treasurer on 5 May 2004 and tabled in Parliament on 14 July 2004.

The Commission has found that the DDA generally meets the Competition Principles Agreement tests, and has provided net benefits to the Australian community. The report concludes that the DDA has been reasonably effective in raising awareness of the rights and abilities of people with disabilities, and in reducing overall levels of disability discrimination. However, there is room for improvement as people with disabilities still face many barriers to the fullest possible participation in Australian society.

The Commission has identified areas in which the effectiveness of the DDA could be improved. It has made a number of recommendations for improving its operation and clarifying the way various aspects of the DDA work. The Government is considering the recommendations.

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

Performance overview

Output 1.2 is the responsibility of the Legal Services and Native Title Division. Through the Division, the Department assisted the Attorney-General and coordinated with external stakeholders, helping to ensure an equitable and accessible system of federal civil justice.

• A model Bill for the establishment of a national legal profession was released in May 2004. States and Territories have agreed to adopt core provisions of the model Bill in a uniform manner. See below for more information.
• Legal services missions to Malaysia and India were organised and completed. They achieved their objectives - to highlight the capabilities of the Australian legal services sector and strengthen links in law and legal services between Australia and Malaysia and India. See page 44 for more information.
• The Classification (Publications, Films and Computer Games) Amendment Act 2004 was enacted. The amendments provide for common classifications for films and computer games, replacing the existing separate classifications for each, to improve consumer understanding. See page 47 for more information.
• An issues paper on the Legal Services Directions - which provide a framework for the delivery of legal services to the Australian Government and its agencies - identified a number of possible reforms to the Directions. A review of the Directions will continue with a view to developing possible amendments to them during 2004-05 for the Attorney-General's consideration. The Department is working to improve its capacity to provide timely information about issues arising under the Directions and the broader Australian Government legal services market. It is continuing to develop its approach, including through seminars and the publication of the OLSC Bulletin.
• A review of counsel fees will continue with a view to updating rates for counsel engaged by the Australian Government. This will respond to changes to the legal services market that have had an impact on appropriate counsel fee rates.
• The Department worked with the Insolvency and Trustee Service Australia (ITSA) to support the Government in securing the enactment of the Bankruptcy Legislation Amendment Act 2004. This significant reform to Australia's personal insolvency law increases the disclosure requirements of debtors, creditors and trustees involved in voluntary insolvency arrangements. It also simplifies the framework for voluntary insolvency arrangements, replacing three types of arrangement with a single form of arrangement, called a personal insolvency agreement.

Performance measures

Advancement of a national legal profession

The Department worked closely with State and Territory officers and the Law Council of Australia to bring about a national legal profession through the removal of barriers to interstate practice. Work on the project reached a major milestone with the release of the model legal profession Bill in May 2004.

The model Bill contains provisions dealing with admission, legal practice, costs and costs disclosure, complaints and discipline, incorporated legal practices and multi-disciplinary practices, among other matters.

States and Territories have agreed to adopt core provisions of the model Bill in a uniform manner. This uniform national approach will offer significant benefits for practitioners and consumers. The model Bill is available on the Department's web site.

The Department also contributed to the development of a memorandum of understanding that sets up a working party to ensure future changes to the uniform provisions are agreed between jurisdictions and adopted in a uniform manner. This was signed by the Attorney-General and his State and Territory counterparts shortly after the reporting period.

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

Legal Services Directions and counsel fees

The Department continued to help the Attorney-General administer the Legal Services Directions issued under the Judiciary Act 1903. The Directions provide a framework for the delivery of legal services to the Australian Government and its agencies.

The Department circulated an issues paper on the Directions, identifying a number of possible reforms to them. The paper is a central part of the first general review of the Directions, which were issued in 1999. Submissions were received from a good mix of public and private organisations and professional bodies. They will inform the consideration of possible amendments to the Directions. The issues paper is available on the Department's web site.

The Department monitors compliance with the Directions to ensure that Australian Government agencies conduct litigation and other legal activity in an appropriate and effective manner, taking proper account of whole-of-Government considerations and the model litigant policy.

A priority is to prevent breaches of the Directions by providing relevant and timely information about how to comply with them. Departmental officers gave a number of presentations to Departments, agencies and law firms. Two editions of the OLSC Bulletin - a newsletter containing short articles on issues relating to the Directions and the Australian Government legal services market - were circulated. The Department also responded to a large number of enquiries from departments and agencies about the Directions.

This activity has been a central feature of the Department's work to implement the recommendations of the Report of a review of the impact of the Judiciary Amendment Act 1999 on the capacity of government departments and agencies to obtain legal services and on the Office of Legal Services Coordination.

The Department investigated 16 possible breaches of the Directions. Of these, eight were established to be breaches, three were found not to involve any breach, and five remained under investigation at the end of the reporting period. Th e substantiated breaches related to:

• failure by an agency to act as a model litigant, for example through inappropriate refusal to accept service of a document in one case
• performance of tied legal work without approval
• engagement of counsel above the rate that requires approval, without obtaining that approval, and
• an agency's failure to consult a Department in obtaining advice relating to legislation administered by that Department.

An additional matter reported in the previous financial year was found to involve the performance of tied work without approval.

The Department received 79 applications for approval for counsel to be engaged at rates higher than the thresholds in the Legal Service Directions. This is an increase of 16 on the number of applications received last year. In response to the 79 applications:

• 43 applications were approved for ongoing rates above the thresholds
• 15 applications were approved on a one-off basis for rates above the thresholds, and
• 21 applications were approved at or below the relevant thresholds.

The Department is conducting a full review of standard rates for individual counsel and of the thresholds above which approval is required for engagement of counsel.

Parliamentary Entitlements Regulations 1997

The Department is responsible for processing claims by Ministers for legal assistance under the Parliamentary Entitlements Regulations 1997.

The Attorney-General was decision-maker under the Regulations in relation to one application for assistance by a Minister, down from five such applications in 2002-03. The former Attorney-General also sought approval from the Prime Minister for assistance under the Regulations in relation to a subpoena to give evidence.

The Attorney-General tabled in Parliament a consolidated statement of expenditure for the financial year 2002-03, in accordance with the Regulations.

Australian Government Solicitor

The Australian Government Solicitor (AGS) provides legal services to the Australian Government and its agencies on a fully commercial basis. The Australian Government's ownership interest in AGS is represented by two shareholder Ministers: the Attorney-General and the Minister for Finance and Administration.

The Department advises the Attorney-General on the operation of AGS as a separate authority. AGS submits quarterly progress reports to the shareholder Ministers, and AGS' annual Statement of Corporate Intent and annual report are tabled in the Parliament. The Department discusses the reports with the Department of Finance and Administration and with AGS and advises the Attorney-General on AGS performance.

The Department works to ensure that AGS will continue to provide high-quality and reliable legal services to it on terms that offer value for money. During the reporting period, negotiations on a memorandum of understanding on the purchase of legal services reached an advanced stage. It has since been signed.

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

The Department continued to work with the Department of Foreign Affairs and Trade (DFAT) and other departments and agencies to promote Australia's interests in law and legal services in the Asia-Pacific and other regions. Notable achievements for the year included:

• coordination of a month-long specialised training program on legislative drafting and template development for officials from the Indonesian Ministry of Justice and Human Rights. Funding was provided by the Australian Agency for International Development (AusAID) under its Government Sector Linkages Program
• development and implementation of a program for a Malaysian legal delegation to Australia that focused on studying Australia's experiences on the regulation of foreign lawyers and Australia's legal education and training system. Medium to longer-term outcomes expected of this visit include the adoption of a hospitable foreign lawyer regulatory system in Malaysia, which would benefit Australian lawyers and law firms, and the recognition of law degrees from more Australian universities
• organisation of successful visits by the then Attorney-General, the Hon Daryl Williams AM QC MP, to the People's Republic of China as a guest of the Ministry of Justice, and to Brunei. The visits met their objectives of sharing information, raising and promoting Australia's profile and capabilities in law, legal services and legal education and training and strengthening government-to-government links in law. In the case of Brunei, a medium-term outcome is likely to be the recognition of both Australian law degrees and legal practicing certificates as a basis for practicing law in Brunei
• development and implementation of a study tour program for the People's Republic of China Vice Minister of Justice, Mr Duan Zhengkun, as a guest of the Department. This provided excellent exposure to a wide range of areas covering the legal sector in Australia
• provision of legal services market access-related input to DFAT on the Australia-Thailand Free Trade Agreement and the proposed Australia-US Free Trade Agreement. Similar input was provided on the feasibility study on an Australia-China Free Trade Agreement
• continued participation in the World Trade Organization (WTO) Doha Round of multilateral negotiations about legal services. The Department chaired the 'friends' group on legal services, developing and tabling papers on promoting liberalisation and helping WTO members understand various foreign lawyer regulatory approaches. This work maintains Australia's international position as a leader in promoting the liberalisation of trans-national trade in legal services
• provision of advice to DFAT on legal services-related market access commitments by non-WTO members seeking to accede to the WTO, as well as in bilateral and regional legal services market access and regulatory matters, and
• organisation and completion of Legal Services Missions to Malaysia and India. A 17-member Mission to Malaysia was led by the then Attorney-General, the Hon Daryl Williams AM QC MP. A 16-member Mission to India was led by the Australian Solicitor-General, Dr David Bennett AO QC. Both missions included officers from the Department and representatives from across the Australian legal profession. They achieved their primary objectives of highlighting the capabilities of the Australian legal services sector and strengthening links in law and legal services between Australia and both Malaysia and India.

The Department continued to supply secretariat services to the International Legal Services Advisory Council (ILSAC). ILSAC, a part-time advisory body that reports to the Attorney-General, concluded its fourth term on 31 December 2003. It has been reconstituted for a fifth term with the Hon Sir Laurence Street AC KCMG QC continuing as chairman. The Hon John Lockhart AO has been appointed to the new position as deputy chairman. The Department continues to be represented at a senior level on ILSAC. ILSAC contributed to many of the initiatives identified above. The secretariat supported ILSAC by:

• developing a research project on the Internationalisation of the Australian Law Degree and distributing the report
• helping the Council of Australian Law Deans update and publish Studying law in Australia 2004. The publication provides a comprehensive guide on law degrees offered by all Australian university law schools to potential students from overseas
• contributing to International Bar Association efforts to have WTO members use terminology in multilateral trade negotiations consistent with that proposed by Australia, and
• supporting DFAT in implementing the Enforcement of Commercial Laws in APEC Economies project. This included departmental participation on a tender selection panel and assistance for the seminar on enforcement of corporate governance in APEC economies in Kuala Lumpur in April 2004.

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

The Department coordinates the Australian Government's participation in Standing Committee of Attorneys-General (SCAG) meetings. It supports the Attorney-General and Minister for Justice and Customs at the meetings.

The SCAG met three times during 2003-04. Among its major accomplishments were:

• endorsement of the national legal profession model Bill which will form the basis for consistent regulation of the legal professions across Australia
• development and endorsement of nationally consistent proportionate liability law for claims for damages for economic loss or property damage
• release of discussion papers on credit-card skimming and double jeopardy, and
• endorsement of a report on cross-border investigative powers for law enforcement.

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

The Department provides assistance and advice on constitutional policy development and litigation and public law issues of federal significance. This includes advice on the Attorney-General's intervention in constitutional litigation, and the implications of such litigation for Commonwealth legal policy. It also includes advice on questions of Commonwealth constitutional amendment.

The Department was closely involved in the development of a possible national defamation law based on existing Commonwealth constitutional powers. An outline for a possible law was posted on the Department's web site in March 2004 with a view to a further round of consultation and development of an exposure draft of a Commonwealth Defamation Bill. With the Department's assistance, the Attorney-General consulted practitioners and media representatives in Sydney, Melbourne, Brisbane, Adelaide and Perth.

The Department continued to be involved in the Government's consideration of cooperative federal arrangements in a wide range of areas. This has been integral, for example, to continuing cooperation in establishing nationally consistent laws regulating research in human embryos.

Policy advice was provided on Commonwealth intervention in a wide range of constitutional litigation. For example, High Court proceedings in Mulholland v Australian Electoral Commission raised the validity of party registration provisions of the Commonwealth Electoral Act 1918. In Permanent Trustee Australia Ltd v Commissioner of State Revenue (Vic) the High Court considered the constitutional validity of the Commonwealth Places (Mirror Taxes) Act 1998, which picks up and applies State taxes in Commonwealth places.

The Department was involved with the establishment of the Inquiry into the Centenary House Lease. It provided technical advice on the terms of reference and helped with the appointment of the Inquiry's legal team.

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

The Department and the Office of Film and Literature Classification (OFLC) are jointly responsible for advising the Attorney-General on classification policy issues. They ensured that the Attorney-General was aware of and responsive to public and industry concerns about the operation of the classification scheme.

In May 2004 the Classification (Publications, Films and Computer Games) Amendment Act 2004 was passed. When the relevant provisions of the Act come into force, there will be common classifications for films and computer games based on the current classifications for films. This will be simpler to understand than the existing separate classifications for films and computer games.

The Act also provides for an MA15+ classification for films to replace the MA classification, to remove confusion about the nature of that classification.

The Classification Board is responsible for making classification decisions about film, computer games and certain publications on behalf of Australian, State and Territory Governments. The Classification Review Board is responsible for reviewing classification decisions. The Department processes appointments to the Boards. In April 2004 Mr Des Clark was reappointed as Director of the Classification Board. Ms Wendy Banfield and Ms Marie-Louise Carroll were appointed as Senior Classifiers in February 2004. In April 2004 the Hon Trevor Griffin was appointed as Deputy Convenor of the Classification Review Board and in November 2003 Mr Rob Shilkin was appointed as a Member of the Classification Review Board.

The Division helped the Attorney-General develop proposed guidelines to govern appointments to the Classification Review Board.

In consultation with the Insolvency and Trustee Service Australia regarding personal insolvency laws:

• provide regular advice to government on proposed changes to simplify the legislation and keep it up to date

• consultation about personal insolvency legislation acknowledged by stakeholders as effective and constructive

In consultation with the Insolvency and Trustee Service Australia (ITSA), the Department provided regular advice to the Attorney-General on a number of personal insolvency policy issues.

The review of the operation of Part X of the Bankruptcy Act was completed. It found scope for some improvements to streamline and simplify the system and to improve the integrity of these arrangements. The consultative process was well received by stakeholders. The resulting amendments in the Bankruptcy Legislation Amendment Act 2004 have wide support.

There was regular consultation with members of the Bankruptcy Reform Consultative Forum on proposals to reform the bankruptcy system. The forum met in November 2003, December 2003 and March 2004. A special meeting in July 2003 discussed options for implementing the recommendations of the Joint Taskforce of the Use by High Income Professionals of Bankruptcy and Family Law Schemes to Avoid Payment of Tax. That meeting was also attended by a number of key family law stakeholders. Feedback provided at that meeting was taken into account in developing the Bankruptcy Legislation Amendment (Anti-Avoidance and Other Measures) Bill.

A further special meeting was held in February 2004 to consider an early draft of that Bill. On 14 May 2004, the Attorney-General released an exposure draft of the Bill. The Attorney-General subsequently referred the exposure draft to the House of Representatives Standing Committee on Legal and Constitutional Affairs. The Committee reported on the Bill following the reporting period. The Government withdrew schedule 1 of the Bill for further consideration and introduced the remaining schedules into Parliament in the Bankruptcy and Family Law Legislation Amendment Bill 2004.

The Attorney-General and the Minister for Revenue and Assistant Treasurer announced proposed amendments to the Bankruptcy Act that will provide for the recovery of excessive superannuation contributions made before bankruptcy. These amendments were necessary because of the High Court's decision in the case of Cook v Benson. That decision meant that bankrupts were able to place their existing wealth beyond the reach of creditors by converting assets and transferring funds into superannuation funds. The Department and ITSA have consulted Treasury and are consulting stakeholders on the proposed amendments.

During debate on the Bankruptcy Legislation Amendment Bill 2002, the Government undertook to examine section 271 of the Bankruptcy Act, which contains an offence of rash and hazardous gambling or speculations leading to bankruptcy. This examination was undertaken by ITSA and the Department in consultation with relevant stakeholders, including financial counsellors, the Law Council and the Director of Public Prosecutions. The review determined that no amendments were required.

The Department and ITSA also undertook work to examine the possible adoption of the United Nations Commission on International Trade Law Model Law on cross-border insolvency.

Outlook

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

• work to facilitate the implementation of the model legal profession Bill by all States and Territories
• work to improve its outreach to agencies and legal service providers in helping them to comply with the Legal Service Directions and complete the review of the Legal Service Directions
• promote legal cooperation and the exchange of legal services between Australia and other countries in the Asia-Pacific region, including through the provision of support to the International Legal Services Advisory Council
• continue to pursue Australian Government objectives for appropriate consistent and uniform legislation through SCAG, and
• work with the OFLC and States and Territories to ensure that all aspects of the national classification scheme reflect the new classifications for which the Commonwealth has legislated.

Evaluation

ANAO audit - legal services market

In February 2004, the Australian National Audit Office (ANAO) began work on a preliminary study to determine whether it would undertake a full performance audit of the Commonwealth legal services market. The ANAO has now advised that a full audit on Commonwealth legal services will proceed, which will involve a number of agencies. The ANAO expects to report in March 2005.

The ANAO intends to examine whether agencies' legal service arrangements deliver value for money (that is, are they efficient and effective) and whether agencies comply with government policy about the provision of legal services. The audit will also examine the role and effectiveness of the Department's Office of Legal Services Coordination in the Legal Services and Native Title Division.

The Division is providing information and assistance to the ANAO.

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

Performance overview

Output 1.3 is the responsibility of Family Law and Legal Assistance Division. Through the Division, the Department provides advice to the Government and manages a range of legal assistance and other programs, helping ensure an equitable and accessible system of federal civil justice.

• The Department made a significant contribution in advising the Attorney-General and the Government on the House of Representatives Standing Committee on Family and Community Affairs' inquiry into child custody arrangements in the event of family separation. The Department worked closely with other relevant agencies to ensure the Government had comprehensive advice when considering the Committee's report Every picture tells a story.
• Eighteen applications were approved for scheme-specific factors and methods for valuing superannuation interests for the purpose of the reforms, which commenced in December 2002, permitting superannuation to be split on marriage breakdown and divorce. Among them were applications for valuing interests in all major Commonwealth superannuation schemes. Some minor technical amendments were made to the Family Law (Superannuation) Regulations 2001 in August and December 2003.
• The majority of the provisions in the Family Law Amendment Act 2003 came into force on 17 December 2003. The Act introduces a range of reforms, in particular clarifying those provisions of the Family Law Act 1975 dealing with property and financial interests, including making clear the court's power to bind third parties. The binding third party provisions do not take effect until 17 December 2004.
• The Family Law Amendment Bill 2004 was introduced in Parliament on 1 April 2004. The Bill was referred to the Senate Legal and Constitutional Legislation Committee with a report date of 30 July 2004. The Bill makes a range of amendments to the Family Law Act 1975, with a particular focus on family law and bankruptcy. The Bill contains amendments to implement three recommendations of the Joint Taskforce Report on the Use of Bankruptcy and Family Law Schemes to Avoid Payment of Tax. The Bill also contains amendments to the parenting compliance regime and a range of technical amendments.
• The reforms to the Marriage Celebrants Program contained in the Marriage Amendment Act 2002 came into effect on 1 September 2003. The reforms are intended to raise the overall standard of marriage celebrancy in Australia.
• The main elements of the reforms are:
  • a new appointments process for Commonwealth-appointed marriage celebrants requiring that:
    • all applicants complete a specified competency-based training course or establish by independent assessment their competence in relation to the elements of the training course, and
    • all applicants for registration establish that they are fit and proper for registration against a set of statutory criteria.
  • a range of measures to ensure continuous improvement in the standard of Commonwealth-appointed marriage celebrants. The most significant of these are:
    • a requirement that marriage celebrants complete at least five hours of ongoing professional development each year
    • adherence by marriage celebrants to a Code of Practice
    • regular reviews of the performance of marriage celebrants, and
    • a mechanism to receive and assess complaints against marriage celebrants.

During a transitional period of five years a cap has been imposed on the number of marriage celebrants able to be registered each year. The cap is 10 per cent of the total number of Commonwealth registered marriage celebrants calculated on an annual basis in defined geographic regions. Between the beginning of the program on 1 September 2003 and 30 June 2004 the Department received 1008 applications for registration as a marriage celebrant. Several decisions relating to the program are reviewable by the Administrative Appeals Tribunal.

Performance measures

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

• needs, rights and responsibilities of individuals and families

• an appropriate balance of competing community interests

House of Representatives Family and Community Affairs Committee Inquiry into Child Custody Arrangements

The House of Representatives Standing Committee on Family and Community Affairs' inquiry into child custody arrangements in the event of family separation raised significant issues and generated considerable public debate. In providing advice to the Attorney-General and Government on the Committee's report, Every picture tells a story, the Department had to take into account a range of opinions expressed by stakeholders and other groups in the community and consider the best interests of children affected by family separation.

Family Law Amendment Bill 2004

Many of the reforms contained in the Family Law Amendment Bill 2004 were developed in part as the result of consultations with community organisations, the legal profession and the courts. The reforms contribute to the Government's ongoing commitment to improve outcomes in family law, and to simplify and better integrate the family law system.

Marriage Celebrants Program

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

Legal aid

In the 2004-05 Budget, the Government allocated $52.7 million over four years in additional funds for legal aid. The additional funding includes $3.3 million per year to establish a new duty lawyer service to help those people who seek to represent themselves in family law matters, and $1.3 million over four years for program administration. This represents a significant increase in resources for the program that will enhance its capacity to provide services to disadvantaged Australians. The additional funds will also enhance the administration of the program through improved timeliness in reporting and financial accountability from legal aid commissions.

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Management of programs

• successful negotiation of agreements/contracts which reflect the Commonwealth's requirements

• effective monitoring of performance of funded programs

• successful implementation of new or enhanced programs/projects within available budget

Legal aid agreements

The Commonwealth began negotiations with States and Territories and legal aid commissions for new agreements for the provision of legal aid services for Commonwealth law matters. The new agreements will replace agreements due to expire on 30 June 2004.

As the new agreements were not finalised by 30 June, the current agreements continue to operate until replaced or terminated. Funding offers have been made to each State and Territory. National Legal Aid has been extensively consulted about the terms and conditions of the new agreements.

The variation to the Commonwealth legal guidelines to assist the extension of the Family Court's Magellan project for the intensive management of child family law matters where there are allegations of serious physical or sexual abuse has been extended to 30 June 2005. The variation waives the cap on costs for separate representatives and legally aided parents of children, whose cases will be managed under the Family Court's Magellan project.

A 12-month pilot legal aid service for the Jervis Bay Territory was provided through arrangements with the NSW Legal Aid Commission. Funds for the pilot were provided by the Department and the Department of Transport and Regional Services.

The Department continued to monitor legal aid commission performance in delivering legal assistance for Commonwealth law matters under the legal aid agreements. It held performance discussions with legal aid commission staff and reviewed financial and performance information reports provided by each legal aid commission.

Community legal services

2003-04 was the first full year of a three-year service agreement for the Community Legal Services Program. New service quality assurance measures and data collection requirements under the Agreement allowed the Department to more effectively monitor both the quality and quantity of service delivery and the level of service providers' compliance with accountability requirements.

A joint Commonwealth-State review of community legal services in Western Australia was completed. Its final report was provided to the Commonwealth and Western Australian Attorneys-General in October 2003. The review provides both governments with a sound basis for future decision-making under the program.

The new data collection system was fully rolled out during 2003-04. It provides tools to help community legal centres deliver their services. It also enables them to report activities and financial information electronically. A project to improve the system even more began.

Family relationships services

The Attorney-General's Department shares funding and policy responsibilities with the Department of Family and Community Service (FaCS) for the Family Relationship Services Program under a business partnership agreement.

New funding was provided in the 2003-04 Budget to expand the contact orders program. The Department and FaCS completed a tender process to select two new providers for the program, one in Melbourne and one in Brisbane. This brings the total number of services to five. One of the existing services - in Parramatta - was expanded to help people as far as Newcastle. These services help separated families in high conflict, particularly where it is affecting contact with children. To better enable community-based services to work with this client group, the Department produced a video and manual called Children first as a resource for practitioners.

The objective of a more integrated family law system was also an important focus in 2003-04. The Department provided further funding for local networks of government and non-government service providers, with new networks being established in Western Australia and the Northern Territory. As a result, collaborative networks of family law-related service providers now exist in every State and Territory. The Department produced a report on working in partnership as a tool for agencies and groups setting up new partnerships and networks in the family law system.

Family Law Online

In 2003-04, use of the Family Law Hotline and Family Law Online continued to increase. Family Law Online provides Internet access to information on family law and about how to contact related services such as counselling and mediation. The Family Law Hotline complements Family Law Online by providing the same information through a free national telephone information service. During 2003-04 the number of users of Family Law Online increased by 42 per cent and the number of calls handled by the Family Hotline increased by 23 per cent.

Regional Law Hotline

Free legal information and advice is available through the Regional Law Hotline to people living in a number of rural and remote regions throughout Australia. During 2003-04, the Department negotiated new arrangements with legal aid commissions in each State and the Northern Territory to expand the hotline to all of regional Australia from 1 July 2004.

International family law

As part of its responsibility for managing international adoption, the Department cooperates with the States and Territories to facilitate the development of arrangements with countries that are party to the 1993 Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption. The Department also made enquiries with a number of other countries that have recently become party to the Convention. Monitoring of compliance of other adoption programs has continued in line with Australia's responsibility under the Convention.

At the end of the reporting year the Department was waiting for the Lebanese Government to agree to a final text of an agreement similar to the Bilateral Agreement regarding Cooperation on Protecting the Welfare of Children between Australia and Egypt (which came into effect on 1 February 2002). The Department has also prepared administrative procedures for the application of the Bilateral Agreement between Australia and Egypt.

The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the Convention) entered into force in Australia on 1 August 2003. The Department has been appointed the Commonwealth Central Authority and will oversee the implementation of the Convention in Australia. Each State and Territory will also implement the Convention through model legislation relating to child protection matters.

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

In January 2004 a member of the Department participated in a working group of the Hague Conference on Private International Law which is drafting a new comprehensive Hague Conventio n on the International Recovery of Child Support and other Forms of Family Maintenance. The officer was appointed a rapporteur for the new treaty at a Special Commission held in The Hague in May 2003. The new treaty will develop a modern system of judicial and administrative cooperation between contracting states for the international recovery of child support. The treaty will also build upon the best features of existing conventions, in particular those concerning the international recognition and enforcement of maintenance obligations.

Administration of programs

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

The Department administers a range of schemes for legal or financial assistance, including statutory schemes under the Native Title Act 1993, the Workplace Relations Act 1996, the Federal Proceedings (Costs) Act 1981 and the Australian Crime Commission Act 2002 and non-statutory schemes such as the Commonwealth Public Interest and Test Cases Scheme, the Common Law (Native Title) Scheme, the Overseas Custody (Child Removal) Scheme, the Royal Commissions and Inquiries Scheme and the Special Circumstances (Overseas) Scheme.

The largest appropriation is provided for administration of the scheme of financial assistance for respondents to native title claims. The guidelines under which assistance is provided take account of the unique nature of native title matters, which potentially affect a large number of respondents with diverse interests. As at 30 June 2004 there were more than 1100 current grants of financial assistance under the native title financial assistance schemes.

During the year most of the casework undertaken for the financial assistance scheme that was established to support the royal commissions into the failure of HIH Insurance and into the building and construction industry (BCI) was completed. However, some issues relating to specific matters are still being finalised.

In summary, for the HIH Royal Commission:

• 41 applications for financial assistance were approved, relating to 43 applicants, and
• total of payments to applicants under grants of financial assistance up to 30 June 2004 was $2.46 million since the start of the Royal Commission.
  
  For the BCI Royal Commission:
• 91 applications for financial assistance were approved, relating to 184 applicants, and
• total of payments to applicants under grants of financial assistance up to 30 June 2004 was $2.28 million since the start of the Royal Commission.

Consultation/liaison with stakeholders

• maintenance of effective partnerships and consultative arrangements with stakeholders

International family law

The Department conducted the 5th Biennial Conference for Australian Central Authorities of the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) in May 2004. Representatives of Central Authorities from around Australia attended, as did judicial officers of the Family Court of Australia and delegates from two overseas Central Authorities and the National Center for Missing and Exploited Children of the United States of America.

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

The Department participated in two intercountry adoption conferences with the State and Territory central authorities for intercountry adoption, the accredited agency for South Australia, the Australian Institute of Health and Welfare and the Department of Immigration and Multicultural and Indigenous Affairs. The first conference was held in Canberra in November 2003 and the second conference was held in South Australia in April 2004. Various overseas guests also attended the conference in South Australia.

Family law

The Department liaised regularly with stakeholders in the family law system, in particular community-based service providers. The Department also consulted with the courts, the Family Law Council, the Law Council of Australia, legal aid commissions and community legal services, and relevant government agencies on a range of issues. Reforms to the Family Law Act 1975 were undertaken with extensive consultation with representatives of community organisations providing services to separating couples, the Family Court, the Federal Magistrates Service, representatives of the legal profession, legal aid commissions and some community legal centres.

The Department consulted government and non-government agencies in the family law system through participation in the Separation Support Network, which has representatives of key organisations working towards a more coordinated family law system.

Marriage Celebrants Program

Consultation took place during the reporting period with marriage celebrants, celebrant representative organisations, registries of births, deaths and marriages, and other interested bodies about the implementation of the reforms to the Marriage Celebrants Program. See page 50 for details of the reforms.

Family Relationships Services Program

The Department works closely with FaCS with shared funding and policy responsibilities for the Family Relationship Services Program. FaCS reviewed the program in 2003-04 in collaboration with the Department. The review included wide consultation with clients and service providers. A reference group of stakeholders assisted the review. Nine regional workshops and a national forum were held following the review to discuss with stakeholders the future directions of the program.

In December 2003 the Department established the Family Law Online Stakeholder Committee to help develop Family Law Online in a way that will help deliver services more efficiently to stakeholders. Its work will also ensure consistency and accuracy of information for the public and other service providers.

In May-June 2004, the Department and the Family Law Section of the Law Council of Australia reviewed the position of primary dispute resolution liaison officer. The liaison officer position is a joint initiative of the Department and the Law Council to improve working relationships between the legal profession and community-based dispute resolution services. The review showed that stakeholders, the Department and the Law Council found the position to be useful and that the position should continue. The Department and Law Council have agreed to continue the joint initiative, with some changes as recommended by the review.

Community Legal Services Program

The Community Legal Services Program is managed as a partnership between the Australian and State governments. The Department funds State legal aid commissions (or, in South Australia, the Attorney-General's Department) to employ state program managers to manage the