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

Annual Report 2006-07 Part 1 - Overview

  1. Secretary’s review
  2. About the portfolio
  3. About the Department
  4. Snapshots: finance and staffing
Robert Cornall AO

1. Secretary’s review


The theme of this year’s annual report is Working across government to achieve shared goals, which neatly sums up the many demands on the Attorney-General’s Department in 2006–07.

The Department’s roles and responsibilities continued to grow during the year. This growth came from the expansion of existing functions and the acquisition of new ones.


 

New functions

During the year, the Department:

These new responsibilities share two common characteristics. They are principally operational activities and they deliver services to agencies, organisations and people outside the Australian Government.

AusCheck will provide vetting services to around 220 private sector, statutory and government issuers of security identification cards in accordance with the provisions of the AusCheck Act 2007, which was passed by Parliament in March 2007. Issuers include Qantas; Virgin Blue; the Sydney, Melbourne and Brisbane Airport Corporations; Fremantle Port Authority; the Sydney and Melbourne Port Corporations; 1-Stop; Fastcards; Veritas Engineering; Total Marine; Dampier Port Authority; the Civil Aviation Safety Authority; and the Australian Customs Service.

From 1 July 2007, the renamed Classification, Legal Services and Native Title Division will support the Classification Board and the Classification Review Board. The Division assumed sole responsibility for classification policy on 1 July 2006. The Classification Board made nearly 7,000 classification decisions during the year, including 402 public exhibition movie decisions for distributors such as Fox, Hoyts and Paramount. Other decisions involved DVDs, computer games, magazines, Internet material and seized material submitted by the Australian Customs Service and law enforcement agencies.

The Personal Property Securities Register is expected to become operational in 2009. Major users will include banks, finance companies and information brokers as well as the general public. The register will contain details of securities over personal property such as cars, boats, shares and book debts. We are currently consulting industry groups (including the Australian Bankers’ Association and the Australian Finance Conference) and the States and Territories on the design of the new scheme and register, which is modelled on a similar scheme in New Zealand. It will replace more than 70 existing but separate State, Territory and Commonwealth schemes affecting different classes of securities.

The management of Australia’s intercountry adoption programs involves direct dealings with government departments and adoption agencies in 14 countries. We are presently seeking to expand existing programs and negotiate further arrangements with other countries. Individual applications for adoption will continue to be dealt with by the States and Territories.

This program is growing in importance. The Australian Institute of Health and Welfare announced in December 2006 that the number of intercountry adoptions has tripled over the last 25 years and now accounts for three-quarters of all adoptions.

In the first year of operation, more than 57,000 people contacted a Family Relationship Centre. The centres provide information and referral to services for people who want help in strengthening their family relationship or overcoming difficulties. The centres help people to access services involving pre-marriage education, relationship counselling, drug and alcohol problems, domestic violence and so on.

Where relationships have broken down, the centres also provide individual help, education programs and joint dispute resolution services designed to assist the participants to focus on the needs of their children after family break up and reduce the stress and conflict that can be associated with protracted court proceedings.

Increasing responsibilities

At the same time, many of our longer standing roles are being charged with increased and broader responsibilities, often with international aspects.

The Protective Security Coordination Centre coordinated eight counter-terrorism exercises to practise our national counter-terrorism arrangements in preparation for the Asia–Pacific Economic Cooperation ministerial and senior officials’ meetings throughout the year and Leaders’ Week in Sydney in September 2007.

The National Security Hotline, which continued to provide an important service throughout the year, took its 100,000th call in August 2007. In his weekly radio message on 9 July 2007, the Prime Minister said, ‘There is no doubt the Hotline has become a valuable tool in the fight against terrorism’.

In the area of criminal law, the Australian Government and State and Territory governments reached a landmark agreement on sharing DNA information to fight crime. The national DNA database allows police to compare profiles from DNA collected by each jurisdiction, so offenders can no longer avoid detection by simply moving interstate. DNA matching also plays a vital role in identifying disaster victims and missing persons.

Departmental officers concluded negotiations with the United Arab Emirates on treaties for extradition and mutual legal assistance. A mutual assistance treaty was signed with Thailand and a transfer of prisoners agreement was signed with Cambodia.

Those activities were in addition to the continuing responsibility of the Office of International Law to provide advice and assistance on international legal issues including Australia’s overseas deployments in Iraq, Afghanistan, Solomon Islands and Timor-Leste.

The Indigenous Justice and Legal Assistance Division assisted the Tasmanian Aboriginal Centre to reach agreement with the British Natural History Museum in London for the return of Aboriginal remains after a mediation conducted by Sir Laurence Street and Lord Woolf.

The Indian Ocean tsunami in December 2005 illustrated the huge damage and loss of life that can be caused by this form of natural disaster. Emergency Management Australia has improved Australia’s ability to cope with a tsunami by training key personnel in the best ways to prepare for and respond to a tsunami. EMA has also taken a leading role in setting up a tsunami early warning system in our region.

Australia is used to natural and man-made disasters like floods, earthquakes, bushfires and major accidents. But any of these events, along with a terrorist attack, could have a grave impact on our critical infrastructure, with severe flow on effects for the community. The Security and Critical Infrastructure Division is tackling these issues head-on through its Critical Infrastructure Protection Modelling and Analysis Program.

The program has been developed in conjunction with Geoscience Australia and CSIRO with the cooperation of both public and private sector organisations. It analyses the impact on infrastructure in a nominated area and the likely consequential damage to people, businesses, homes and the economy. It highlights the strengths and weaknesses in Australia’s infrastructure and is the only program of its type in the world operating at a national level.

A significant legislative outcome during the year was the passage of the Copyright Amendment Act 2006, which was in part responding to obligations under the Australia–United States Free Trade Agreement. It also made it legal for people to record television or radio programs and play them at another time and legalised format shifting—meaning, for example, that people may put their CD collections onto iPods and MP3 players.

This legislation was part of 30 Bills totalling approximately 1,500 pages introduced into Parliament for the Attorney-General’s portfolio during the year.

The single most demanding task arose as the year drew to a close. Many areas of the Department were engaged in the Government’s Northern Territory Emergency Response. This major initiative followed publication of the Little children are sacred report and its detailed exposure of child sex abuse in remote Indigenous communities. The Department’s involvement included advice on racial discrimination, native title, constitutional law, criminal law, classification and pornography and police powers, as well as legislative drafting and practical participation in the coordination of operational activities on the ground.

This list of activities and responsibilities old and new is indicative, not exhaustive. However, it illustrates the scope of the functions the Department undertakes and the extent to which they are performed in conjunction with other Australian Government agencies, State and Territory governments and private-sector and non-government organisations.

Support

None of these functions could be performed effectively without strong support services. The Department is fortunate to have a solid base in information technology, corporate services and financial management.

The Information and Knowledge Services Group provide high quality IT services to the Department and outside agencies as well. It manages the ASNET secure communications network, which is used by all Australian governments. It is assisting with the development of the computer programs that will form the basis of AusCheck and the Personal Property Securities Register.

IKS also established the Australian Disaster Information Network portal during the year. AusDIN provides an information sharing IT facility that involves all the States and Territories. It is aimed at a very large potential audience of emergency management practitioners, volunteers, community groups, school children and curious browsers.

The Corporate Services Group has the constant challenge of recruiting new staff and finding accommodation for them. This task is becoming increasingly difficult as the Department has grown from an average staffing level of 988 in the year to 30 June 2006 to an average staffing level of 1,252 this year.

One of the difficulties with rapid growth is ensuring new staff are successfully assimilated into the Department and that they quickly acquire the skills they need to do their job. Recognising some weaknesses in this area, a number of senior officers implemented several training initiatives this year:

The Department’s financial management has improved greatly over the last two years following the implementation of the recommendations made in a review undertaken in 2004 by Mr Len Early.

A new initiative this year was the introduction of a financial management learning and development program. It includes a financial management training program for managers; a module on understanding the external budget, appropriations and financial framework; a module for executive and personal assistants and other administrative staff with financial responsibilities; and training in procurement and the Chief Executive’s Instructions.

Thanks

The Department has worked hard to support the Attorney-General and the Minister for Justice and Customs and advance the Government’s program during the year. I thank all the officers of the Department for their contribution to our successful outcomes.

Robert Cornall Signature

Robert Cornall AO

 

2. About the portfolio

Portfolio ministers and their responsibilities

Ruddock

Attorney-General

The Hon Philip Ruddock MP

Responsibilities

Minister for Justice and Customs

Senator Johnston

Senator the Hon David Johnston

Since 9 March 2007

Senator Ellison1

Senator the Hon Chris Ellison

1 July 2006 – 8 March 2007

Responsibilities

Portfolio structure

The Attorney-General’s Department is the central policy and coordinating element of the portfolio. The portfolio also includes the statutory office of the Solicitor-General, who is the Second Law Officer of the Commonwealth, the Attorney-General being the First Law Officer.

The bodies within the Attorney-General’s portfolio are listed below in alphabetical order. Annual reporting requirements and arrangements for portfolio elements not covered by this report are set out at Appendix 1.

Administrative Appeals Tribunal

Administrative Review Council

Australasian Centre for Policing Research

Australian Commission for Law Enforcement Integrity

Australian Crime Commission

Australian Customs Service

Australian Federal Police

Australian Government Solicitor

Australian Institute of Criminology

Australian Institute of Police Management

Australian Law Reform Commission

Australian Security Intelligence Organisation

Australian Transaction Reports and Analysis Centre

Classification Board

Classification Review Board

Copyright Tribunal

Criminology Research Council

CrimTrac

Defence Force Discipline Appeal Tribunal

Family Court of Australia

Family Law Council

Federal Court of Australia

Federal Magistrates Court of Australia

High Court of Australia

Human Rights and Equal Opportunity Commission

Insolvency and Trustee Service Australia

National Crime Statistics Unit

National Institute of Forensic Science

National Native Title Tribunal

Office of Film and Literature Classification*

Office of Parliamentary Counsel

Office of the Director of Public Prosecutions

Office of the Privacy Commissioner

* Integration of the Office of Film and Literature Classification into the Department will be completed on 1 July 2007 at which time the Classification, Legal Services and Native Title Division will assume sole responsibility for advice to the Attorney-General on classification policy.

1 Courtesy of Howard Moffat/AusPic

Figure 1: Organisational structure, outcomes and outputs

(click on image to open the full size version in a new window)

 

Figure 1

3. About the Department

Role and mission

The Attorney-General’s Department serves the people of Australia by providing essential expert support to the Government in the maintenance and improvement of Australia’s system of law and justice and its national security and emergency management systems.

The Department is the central policy and coordinating element of the Attorney-General’s portfolio, for which the Attorney-General and Minister for Justice and Customs are responsible.

The mission of the Attorney-General’s Department is achieving a just and secure society.

In pursuing this mission, the Department works towards achieving two outcomes:

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

Outcome 2: Coordinated federal criminal justice, security and emergency management activity, for a safer Australia

The Department’s outcomes and outputs structure and performance targets are set out each year in the Portfolio Budget Statements (PBS) and the Portfolio Additional Estimates Statements (PAES). This annual report responds directly to the performance measures established in these documents, giving a clear indication of the Department’s intended and actual performance for the year.

Following a review of the Department’s performance reporting framework in 2006, significant changes have been made through the development of new PBS performance indicators. A full explanation of these changes can be found at the beginning of Part 2.

Organisational structure

The Department’s organisational structure is aligned as closely as possible with the outcomes and outputs structure, as shown in Figure 1.

The Deputy Secretary, Civil Justice and Legal Services Group, has responsibility for outputs within Outcome 1.

The Deputy Secretary, National Security and Criminal Justice Group, is responsible for outputs within Outcome 2.

The General Manager, Corporate Services Group; the General Manager, Financial Services Group and the General Manager Information and Knowledge Services Group support the two deputy secretaries in producing all the Department’s outputs.

An implementation team continued to coordinate the establishment of a new division, AusCheck—the Australian Background Checking Service. AusCheck will become fully operational on 3 September 2007 and operate on a cost-recovery basis from that date onwards. (More details on AusCheck’s operation are included in the Functions section which follows.)

Functions

The functions of the divisions and offices, as at 30 June 2007, are outlined below.

Civil Justice and Legal Services Group

The Civil Justice Division (CJD) is responsible for legal and policy advice on family law, marriage law, administrative law, evidence, service and execution of process, legal practice and procedure, private international law, and federal courts and tribunals.

CJD is responsible for the development and promotion of services that assist separating or separated families to resolve disputes and reach agreements that are in the best interests of their children.

CJD administers the Marriage Celebrants Program; an officer of the Division is the Registrar of Marriage Celebrants.

CJD promotes international cooperation on civil legal procedure and family law matters and handles requests for judicial assistance in international civil legal matters and international access and child abduction cases.

CJD is responsible for establishing and managing intercountry adoption programs and facilitating a national peak overseas adoption support group.

CJD provides research and support services to the Administrative Review Council, the National Alternative Dispute Resolution Advisory Council and the Family Law Council.

The Indigenous Justice and Legal Assistance Division (IJLAD) is responsible for the development, implementation and administration of Australian Government policy on legal aid, including management of the legal aid program and the Community Legal Services program.

The Division is responsible for the administration of various law and justice programs to assist Aboriginal and Torres Strait Islander people. The Division also manages financial assistance programs in matters arising under a number of statutory and non-statutory schemes.

The Information Law and Human Rights Division (ILHRD) provides legal and policy advice relating to privacy and freedom of information as well as to parliamentary privilege, defamation and electronic commerce. The Division participates in international discussions and negotiations on privacy and electronic commerce issues and is currently actively involved in relevant Asia-Pacific Economic Cooperation (APEC) and Organisation for Economic Cooperation and Development (OECD) groups.

The Division provides advice on domestic human rights policy, including anti-discrimination legislation, the implementation of Australia’s international obligations and policy issues arising in relation to the Human Rights and Equal Opportunity Commission.

The Division provides policy advice to the Government about copyright and related rights on a range of new technology and enforcement issues, and participates in international forums on these subjects.

The Division includes the Commonwealth Copyright Administration, which is responsible for the management of copyright in published written materials on behalf of Australian Government agencies. The Division also negotiates and administers agreements with copyright collecting societies for government use of published written materials and copying of broadcasts on behalf of Australian Government agencies.

The Division also carries out administrative functions relating to the Australian Law Reform Commission.

The Classification, Legal Services and Native Title Division (CLSNTD) supports the Attorney-General in the performance of his role as First Law Officer, providing advice on litigation policy and guidance on the performance of the Australian Government’s legal work.

The Division is responsible for advising the Attorney-General on constitutional policy issues and, with the Insolvency and Trustee Service Australia, on bankruptcy policy.

Until 30 June 2006, the Division was responsible, with the Office of Film and Literature Classification, for advising the Attorney-General on classification. From 1 July 2007 the Division will assume sole responsibility for advice to the Attorney-General on legal and policy issues related to the classification of films, computer games and publications, including appointments. The Classification Operations Branch provides secretariat support to the Classification Board and Classification Review Board, runs the Community Liaison Scheme and provides classification training for industry and government bodies.

The Division coordinates the Australian Government’s involvement in the Standing Committee of Attorneys-General.

The Division provides the International Legal Services Advisory Council with a secretariat and with advice on international trade in legal services.

The Division is responsible for the formulation and provision of policy advice on native title and for assisting the Attorney-General in the administration of the Native Title Act 1993. This includes advising on the operation of the Native Title Act and the native title system, assisting Australian Government agencies to carry out future acts under the Native Title Act, and managing Australian Government involvement in native title mediation and litigation.

Until the creation of the Personal Properties Security Division on 16 April 2007 (see below) the Division was responsible for the preparation of policy and advice for the Attorney-General on reform of the law of personal property securities.

The Personal Property Securities Division (PPSD) was established in April 2007 and is responsible for legal services and policy advice on personal property securities law, and the development of a national system for the registration and enforcement of personal property securities.

It was established to advance Council of Australian Government’s (COAG) in-principle decision to pursue personal property securities law reform and establish a national online register for personal property security interests. The Division will work with States and Territories to harmonise and rationalise the more than 70 separate pieces of Commonwealth, State and Territory legislation that currently govern personal property security arrangements. To facilitate a harmonised national personal property securities regime, the Division will lead the development of a new electronic register which will replace a range of existing securities registers currently operated by the States and Territories and the Commonwealth.

The Office of International Law (OIL) provides legal advice and advocacy services on issues involving international law. It assists with the development and implementation of international law projects and undertakes international human rights report writing and complaints work. It assists also in the negotiation of treaties, including bilateral free trade agreements, and in the conduct of international litigation, including World Trade Organization litigation.

The Trade Measures Review Officer, who carries out a statutory function under the Customs Act 1901 of reviewing decisions relating to anti-dumping and countervailing duties, is located within the Office of International Law.

The Office of Legislative Drafting and Publishing (OLDP) is responsible for drafting Regulations and other legislative instruments; providing advice to the Attorney-General, ministers, departments and agencies about drafting and interpreting legislative instruments; operating the Federal Register of Legislative Instruments (FRLI); compiling Commonwealth Acts and Regulations; publishing Commonwealth legislation in electronic form on the ComLaw and FRLI web sites; printing and distributing Acts and Select Legislative Instruments; and publishing the Government Notices series of the Commonwealth of Australia Gazette.

National Security and Criminal Justice Group

The Criminal Justice Division (CrJD) is responsible for policy advice to the Attorney-General and Minister for Justice and Customs, and for the administration and improvement of legislation, relating to criminal law and the criminal justice process, including issues that address the challenges that terrorism has brought to the criminal justice system.

The Division is also responsible for policy matters relating to operational law enforcement agencies, illicit drugs, identity security, fraud against the Australian Government, firearms, transnational organised crime, including trafficking in persons, anti-money laundering and counter-terrorism financing, corruption and foreign bribery.

It administers the National Community Crime Prevention Programme and programs of expenditure funded under the Proceeds of Crime Act 2002.

The Division is responsible for managing casework requests for the international transfer of prisoners, and federal prisoners’ administration.

It also provides secretariat support to the Ministerial Council on the Administration of Justice.

The International Crime Cooperation Division (ICCD) was established in January 2007 as a new division within the National Security and Criminal Justice Group. The Division is responsible for international cooperation in criminal matters and related policy issues.

It is the Australian Central Authority for mutual assistance and extradition matters, and undertakes mutual assistance and extradition casework and policy development.

The Division negotiates treaties on mutual assistance, extradition and the international transfer of prisoners. It provides assistance and capacity building to countries in South-East Asia and the South Pacific on international crime cooperation issues and is also responsible for the APEC Anti-Corruption Taskforce and criminal justice certificates.

The establishment of the International Crime Cooperation Division saw branches drawn from the Criminal Justice Division and the Regional Legal Assistance Unit from the Security and Critical Infrastructure Division. Performance reporting against the functions now undertaken by the International Crime Cooperation Division can be found within Outputs 2.1 and 2.2 at pages 153–95.

Emergency Management Australia (EMA), in conjunction with a wide range of Australian Government authorities, State and Territory agencies, local government and industry bodies, develops strategic policy in support of emergency management initiatives, sponsors partnerships between emergency management and other sector stakeholders, develops State and Territory capability in the emergency management sector to protect life and property, and facilitates the process of developing resilient and sustainable communities.

EMA operates the National Emergency Management Coordination Centre (NEMCC), which coordinates Australian Government physical assistance to States and Territories upon request during major domestic disasters and through the activation of a number of Commonwealth disaster plans. EMA works with AusAID to coordinate the Australian Government response to disasters overseas.

In conjunction with AusAID, EMA continues to have a significant relationship with the countries of the South Pacific region.

The Protective Security Coordination Centre (PSCC) coordinates and manages, in cooperation with Australian Government, State and Territory agencies, Australia’s protective security and counter-terrorism and crisis management arrangements.

It supports the operational and related policy programs of the National Counter-Terrorism Committee (NCTC), coordinating NCTC training, exercise, development and equipment procurement programs as well as providing executive and secretariat support to a number of NCTC sub-committees and working groups. IT administers the NCTC Special Fund and operating expenses.

Other responsibilities include coordinating information between the Australian Government and States and Territories on national security and counter-terrorism matters, including the National Security Hotline.

It oversees and implements initiatives related to crisis management planning for the Australian Muslim community as part of a program sponsored by the Department of Immigration and Citizenship. It also implements two projects under the Government Communications in a Crisis initiative—the Australian Government Notifications System and Wireless Priority Service System.

The PSCC coordinates protective security arrangements for at-risk Australian high office holders, members of the diplomatic and consular community and visiting foreign dignitaries as well as the Prime Minister’s overseas travel. The PSCC’s role in dignitary protection and physical security responsibilities is overarching and strategic, drawing together a range of stakeholders.

The PSCC also supports the Attorney-General and the Minister for Justice and Customs by providing policy and legal advice and implements government policy in the field of protective security including training and security vetting services.

The PSCC has responsibility for coordinating security arrangements for the APEC 2007 meetings in Australia.

The Security and Critical Infrastructure Division (SCID) is responsible for the administration and development of legislation and the provision of legal and policy advice with respect to counter-terrorism, national security, surveillance devices, telecommunications interception and critical infrastructure protection.

On national security and counter-terrorism, the Division undertakes a central coordinating role across the Department and the portfolio, as well as interfacing with other departments and agencies in the whole-of-government context.

The Division provides national leadership and coordination in the protection of Australia’s critical infrastructure. To achieve this objective, SCID works closely with the business sector to identify critical infrastructure protection strategies. This close and productive working partnership with business is a unique characteristic of Australia’s critical infrastructure protection methodology. The Division develops and coordinates a range of critical infrastructure protection policies and provides associated legal advice to the Australian Government.

AusCheck—the Australian Background Checking Service—was established by the Australian Government in 2005 in response to the Wheeler report into airport security and policing. AusCheck will commence operations on 3 September 2007. It will coordinate background checks on people who work in secure areas of air and sea ports and consequently require Aviation Security Identification Cards (ASICs) and Maritime Security Identification Cards (MSICs). ASICs and MSICs must be held by any person who requires regular unsupervised access to a designated secure area of an Australian air or sea port.

AusCheck helps the aviation and maritime industries by identifying high-risk individuals who should not be eligible for an ASIC or MSIC; by applying a consistent interpretation of government requirements; and by providing a security assessment or recommendation on an individual to their relevant issuing body.

Corporate Services Group

Corporate Services Group (CSG) provides administrative advice and services to the Executive, the Attorney-General and the Minister for Justice and Customs. It also provides general support to the Department, including advice and services relating to human and physical resources, ministerial and parliamentary matters, public affairs, freedom of information, international travel, corporate governance and performance.

Financial Services Group

Financial Services Group (FSG) provides support for the Secretary and senior management group in discharging the financial management responsibilities of the Department in accordance with relevant legislation and monitoring the financial position to advise on the financial health of the Department and to achieve high quality financial performance.

The main responsibilities that enhance the accuracy, reliability and integration of financial information and ensure there is consistency of approach across the Department include:

Information and Knowledge Services Group

Information and Knowledge Services Group (IKS) provides services and support in the areas of information technology, information systems development and information management (including knowledge management, records management and archival services). The Group is responsible for library services, voice and data communications, the Australian Secure Network (ASNET), IT security matters, IT contract management, intranet services and Internet services. The Group also provides secure interagency communications between Commonwealth agencies and the States and Territories for management during a crisis.

Some examples of the Department’s Internet services are Australian Law Online at http://www.law.gov.au; the Attorney-General’s Department web site, http://www.ag.gov.au; and ComLaw, a searchable list of Commonwealth legislation and legislative instruments, at http://www.comlaw.gov.au.

 

4. Snapshots: finance and staffing

Financial performance summary

The total annual appropriation funding for the Department for 2006–07 was $779.5 million, comprising $212.7 million for departmental outputs and $566.8 million for administered expenses.

The Department was also funded for $28.1 million equity injections for capital projects and $60.7 million was available for special appropriations for judges’ pensions, High Court Justices’ salaries and allowances, parliamentary entitlement payments and the handgun buyback program (see Figure 2).

See Chapter 9 for information on the Department’s financial performance.

Figure 2: Appropriations, 2006-07

Staffing summary

The Department’s staffing numbers reflect the heightened focus on national security and emergency preparedness, the increased emphasis on operational services, and expanded involvement in whole-of-government activities. At 30 June 2007, the Department had a workforce of 1,329, of whom 1,135 were ongoing employees, 160 were non-ongoing and 34 were casual employees; 44.72 per cent of staff work at a Senior Executive or Executive Level.

A full staffing profile for the Department, excluding casual employees, is provided at Appendix 7.

Staff picture