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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 program in each State on behalf of the Australian and State governments. This arrangement provides an effective working relationship between the Australian Government and the States in managing the program and provides funded organisations with a single reporting framework for combined Commonwealth and State monies.

The Department regularly consults community legal centres through the State Program Managers and through the sector's industry representative group, the National Association of Community Legal Centres.

Legal Aid Program

Staff of the Department met with National Legal Aid and individual legal aid commissions during 2003-04 to discuss key issues with the legal aid program.

The Department contributed to the Senate Legal and Constitutional References Committee inquiry into legal aid and access to justice during the year. The Committee tabled its report on 8 June 2004.

Financial assistance

The Department consulted with a wide range of peak bodies representing respondents to native title claims and other stakeholders in relation to the delivery of financial assistance in native title matters. In addition, the Family Law and Legal Assistance Division participated in the Native Title Consultative Forum and the Native Title Coordination Committee.

International casework

• process of international casework meets/satisfies requirements of Australian and foreign law

International family law

The Department continued to undertake casework in relation to international family law issues to fulfil Australia's obligations under a number of international agreements and conventions. In relation to the Hague Convention on the Civil Aspects of International Child Abduction, the work of the Department resulted in the successful return of children to the country from which they had been wrongfully removed.

The Department has secured maintenance payments for children whose maintenance is not covered by the Child Support (Assessment) Act 1989 where one of the parents lives overseas.

The Department has also facilitated the registration of custody orders from reciprocating jurisdictions.

Outlook

The Department will have major responsibility for implementing the Government's response to the report of the House of Representatives Standing Committee on Family and Community Affairs, Every picture tells a story.

A new grants management system has been designed and developed and is due to be deployed in the new financial year. The new system, Data and Workflow Grants System (DAWGS), has been designed to meet the requirements for monitoring and reviewing of grants of financial assistance. The system tracks all activities from the initial inquiries, the decision-making process for grants of financial assistance and payments made under those grants, to management, financial reporting on, and auditing of, all schemes of financial assistance.

Evaluations

Review of the Community Legal Service Program - Western Australia

The review committee, comprising Australian and Western Australian government officials and representatives of the Western Australian Association of Community Legal Centres, called for public submissions in December 2002. The committee conducted a series of consultations with service providers, including specialist centres, rural and regional community legal centres and other relevant stakeholders. The final report was released in October 2003. The review confirmed the positive contribution community legal centres make to the community. It recommended that the State government establish a community legal services funding program and identified priorities for future centres.

Review of the Community Legal Service Funding Program - New South Wales (continuing)

The steering committee chair and composition of the committee have been settled. The committee is made up of two representatives each from the Commonwealth, NSW Legal Aid and the NSW community legal services sector as well as a representative each from the NSW Council of Social Services and the Law Society of NSW. The Commonwealth has provided $60,000 towards the costs of the review. Consultations will begin early in 2004-05.

Review of the Primary Dispute Resolution provisions of the Family Law Act 1975

Some work was undertaken in 2003-04 to identify the issues that need to be addressed. Further action will depend on the Government's response to the report of the House of Representatives Standing Committee on Family and Community Affairs Every picture tells a story.

Evaluation of the legal aid aspects of the Magellan project

The evaluation of the Magellan project has been deferred to 2004-05 to allow for a greater number of cases to be included.

Review of the Legal Aid Funding Distribution Model

The review was finalised in April 2004. It was undertaken by the Attorney-General's Department with the assistance of staff of the Commonwealth Grants Commission and in consultation with National Legal Aid. As a result of the review, a new funding model has been developed that incorporates changes in demographic and economic circumstances in each jurisdiction.

Purchaser-provider arrangements

The Department continued to manage legal aid agreements established between the Australian Government and State and Territory governments and legal aid commissions. Staff of the Department met regularly with commission staff to monitor workload and performance of commissions against Commonwealth priorities.

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Output 1.4: Legal services and policy advice on international law

Performance overview

Output 1.4 is the responsibility of the Office of International Law. Through the Office, the Department provided legal services and advice on international law that contributed to the welfare, and promoted the interests, of the Australian community directly and through the implementation of international law in Australian domestic law.

Output 1.4 contributes not only to achieving Outcome 1 but also to outputs and outcomes of other departments. The Department provides legal advice on the broad spectrum of international law. It represents Australia in the negotiation of a wide range of treaties and provides advice on the domestic implementation of the treaties to which Australia wishes to become a party to. This often requires providing advice on draft legislation being prepared by other departments.

• The Department made a significant contribution to Government objectives on national and international security, human rights, illegal fishing, disputes in the World Trade Organization (WTO), and the negotiation of free trade agreements.
• 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. See below for more information.
• Treaties and other international agreements were negotiated in a wide range of areas, including free trade, maritime delimitation, fisheries management and taxation. See page 59 for more information.
• A conference the Department organised on policy and legal developments in international trade law drew favourable comment from key public and private sector participants.
• Australia's report under the Convention on the Rights of the Child was prepared and lodged with the United Nations in September 2003.

Performance measures

Relevant, sound and timely legal advice on international law issues

The Department provided advice and other legal services in relation to regional deployments in Papua New Guinea and Solomon Islands, including negotiating treaties to provide a legal basis for deployments. They ensured that Australia's actions in those countries complied with both international and domestic law.

The Government's participation in the Proliferation Security Initiative (PSI) - a multi-nation activity aimed at preventing the development and transfer of weapons of mass destruction - drew on the Department's expertise. Legal advice on international law and domestic implementation of PSI commitments has been important to ensure that the PSI, and particularly Australia's contribution to it, is conducted lawfully. The Department has contributed to the preparation of a Statement of Interdiction Principles and has provided legal advice in a number of desktop exercises and on the domestic implementation of PSI commitments.

The Department provided advice to other agencies on a wide range of legislation and policy initiatives to help them ensure consistency with international law. Particular areas of advice included law of the sea, law of armed conflict, human rights law, security issues, and environmental law.

Ministers and other clients have expressed high levels of satisfaction with the quality, relevance and timeliness of advice provided.

The Department cleared National Interest Analyses prepared for all treaties that the Government proposes to ratify. It appeared regularly before the Joint Standing Committee on Treaties (JSCOT) to advise on international law issues. The outcome of this activity is proper analysis for the Parliament and the public on international obligations that Australia proposes to undertake.

Development and implementation of sound and effective policy advice on international law issues

With the Department of Foreign Affairs and Trade (DFAT), the Department continued to advance the Government's agenda for reform of the international human rights treaty body system. Australia hosted the third in a series of three workshops on reform of the UN human rights treaty bodies on 3 and 4 July 2003 in Geneva. Representatives from 30 countries attended. The theme of the workshop was 'Interaction with the committees: Improving coordination across the system'.

The Department provided sound policy and legal advice on a wide range of matters being considered at the UN Commission on Human Rights. The advice ensured consistency with Government policy on relevant domestic and international law matters.

The Department held a conference on international trade law in October. Key participants from public and private sectors discussed policy and legal developments in trade law. They commented favourably on the organisation and outcomes of the conference.

Effective response to challenges to Australia's interests and rights in international courts

The Department:

• contributed to the work of DFAT in dispute settlement proceedings before the WTO in cases involving Australian challenges to the European Commission sugar regime and its regime for the protection of geographical indications. Both these cases are continuing
• prepared Australia's submission to the International Court of Justice in proceedings for an advisory opinion on the legal consequences of the Israeli Security Barrier, and
• contributed to a joint amicus curiae brief with the United Kingdom and Switzerland for a case in the US Supreme Court involving the exercise of extra-territorial jurisdiction under the Alien Tort Claims Act. The brief addressed the US Alien Tort Claims Act, which had been interpreted as permitting US federal courts to exercise jurisdiction over civil claims based on alleged breaches of international law brought by non-US residents in respect of matters arising outside the United States.

Treaties and arrangements negotiated, concluded and administered in a manner consistent with Australia's interests

The Department negotiated, or helped other portfolios negotiate, treaties and other international agreements in a wide range of areas. These included:

• the Australia-US Free Trade Agreement, signed on 18 May 2004
• the Thailand-Australia Free Trade Agreement, completed during 2003-04
• negotiations with New Zealand to settle maritime boundaries between Australia and New Zealand
• negotiations with Timor-Leste to settle maritime boundaries between Australia and Timor-Leste
• the Enhanced Cooperation Program of assistance to Papua New Guinea
• amendments to International Maritime Organisation conventions to enhance the security of ships and offshore installations
• fisheries management conventions covering the Western and Central Pacific and the Southern Indian Ocean
• trans-Tasman arrangements concerning a triangular tax scheme and proposals for the mutual recognition of securities, and
• instruments being developed in the UN Commission on International Trade Law, including a draft instrument on the carriage of goods by sea.

Compliance with reporting requirements of international treaties and appropriate responses to international committees

The Department responded to a number of communications to the UN human rights treaty bodies. The content of the responses was consistent with the guidelines laid down by the relevant treaties.

The Department prepared Australia's report under the Convention on the Rights of the Child, which was lodged with the UN in September 2003.

Consultations with States and Territories and non-government organisations sought input to Australia's forthcoming reports under the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, and under the International Covenant on Civil and Political Rights.

Outlook

The Department will continue to provide advice across a wide range of international law matters. Matters related to national security can be expected to continue to be a focus in the coming financial year.

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Output 1.5: Drafting of legislative and other instruments, publication of legislative materials and provision of related legal services

Performance overview

Output 1.5 is the responsibility of the Office of Legislative Drafting. Through the Office, the Department provides a high-quality legislative drafting service for Commonwealth legislative instruments. Drafting is in plain English to make the legislation easy to understand and consistent in style. The Department publishes up-to-date Commonwealth legislation on the Internet on the SCALEplus web site, arranges commercial printing and publishing of Commonwealth legislative materials at reasonable cost to the public, and produces and distributes the Government Notices Gazette. These activities make a significant contribution to ensuring an equitable and accessible system of federal civil justice.

• 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. All Commonwealth rule-making agencies will be required to register their legislative instruments. The Department is conducting an education and information program for agencies and other stakeholders throughout 2004. Integrating the Register with the electronic publication of legislation presently provided by SCALEplus will require significant internal coordination and liaison with Commonwealth agencies and other stakeholders.
• A large number of instruments were drafted. They included the new Family Law Rules 2004, the Corporate Law Economic Reform Program, and instruments associated with the Family Law Superannuation scheme, the Medical Indemnity scheme and the Trans-Tasman scheme for regulation of Therapeutic Products. Instruments under the Designs Act 2003 and several sets of regulations implementing parts of the aviation and maritime security packages were also drafted.
• Involvement continued in drafting legislation for Pacific island nations (Tuvalu, Kiribati and Papua New Guinea) dealing with money laundering, proceeds of crime and mutual assistance in criminal matters. This will help these nations meet their commitments under the Honiara Declaration. Drafting work was also done on model provisions dealing with terrorist financing and transnational organised crime for the Pacific Island Forum states.
• The Department helped the governments of Papua New Guinea and Nauru draft Bills to put in place arrangements for improved cooperation between Australia and each of those countries.
• Following closure of the Government information bookshop network (AusInfo) in October 2003, the Department became responsible for the printing, distribution and sale of all Commonwealth Acts and Statutory Rules. The activity was taken over at short notice, with insufficient time before the bookshops were closed to undertake a formal tender process for the services. The existing arrangements continued on an interim basis. The Department will issue a tender for the provision of the ongoing services in 2004-05.

Performance measures

Level of demand for drafting and advising services (billable and non-billable)

Demand for the Department's drafting and advising services increased significantly in 2003-04. A total of 763 draft instruments were completed, compared with 636 in 2002-03.

Of these, 238 instruments were billable. Total billable revenue for drafting services over the year came to $518,062, down from $560,143 in 2002-03, as a number of agencies had completed programs of revising delegated legislation.

The Department's traditional and non-billable work includes drafting most instruments in the Statutory Rules series. During 2003-04, the number of Statutory Rules made increased to 401, up from 365 in the previous year. The total of 4386 pages of Statutory Rules made in 2003-04 represents a 17 per cent increase in the number of pages made last year and reinforces the trend since 1988-89 of an average 9 per cent yearly increase.

The drafting workload included an increasing number of instruments for the Attorney-General's portfolio. They included approvals of alternative methods for valuing superannuation interests for the purpose of the Family Law Superannuation legislation, and non-legislative instruments including appointments, delegations, authorisations and agreements.

Other agencies for which large volumes of instruments were drafted included IP Australia, the Civil Aviation Safety Authority, the Department of Agriculture, Fisheries and Forestry, the Family Court of Australia, the Department of Health and Ageing, the Department of Immigration and Multicultural and Indigenous Affairs, the Department of Transport and Regional Services, and the Treasury.

Various instruments relating to counter-terrorism formed an important area of the Department's drafting work during the year, including several sets of regulations implementing parts of the aviation and maritime security packages. The Department continued its involvement in preparing legislation (dealing with proceeds of crime, mutual assistance in criminal matters, money laundering and implementation of enhanced cooperation arrangements with Australia) for Pacific island nations.

Satisfaction of clients with the advice and service provided, and the quality of legislative instruments, as expressed in Parliament by the Senate Standing Committee on Regulations and Ordinances

The Department regularly receives positive comments from clients about the quality of its legislative drafting services. Letters of commendation were received in particular from the Family Court of Australia, the Department of Health and Ageing and the Department of Family and Community Services. These comments support the results of an independent client survey conducted in late 2002 which found that, overall, the Department is meeting or exceeding client expectation across all its services.

Of 401 Statutory Rules made during 2003-04, four were disallowed and one was partially disallowed by the Senate. None of these instruments contravened the scrutiny principles of the Senate Standing Committee on Regulations and Ordinances. The Committee raised drafting-related concerns about three instruments, all of which had been drafted in accordance with the instructing agency's requirements.

Availability of reprints and electronic consolidations of Commonwealth legislation and compliance with publishing and tabling standards and the level of user satisfaction

The Department prepares electronic consolidations of all Acts and Regulations. In 2003-04, more than 20,000 amending items were incorporated (a 65 per cent increase on 2002-03), and the Department continued to meet its performance and publishing standards. The Department usually has amendments incorporated and loaded to SCALEplus within one or two days of receipt of the electronic copy, depending on the volume of legislation received.

The Department consolidates selected other instruments. There was an increased demand for such consolidations during the year. The trend is that those compilations are required earlier.

Because of agency interest, the Department prepared and made available on SCALEplus a 'future law' version of the Legislative Instruments Act 2003 that incorporated amendments critical to the operation of the scheme that is due to come into force on 1 January 2005.

Forty-eight reprinted Acts, Statutory Rules and instruments were made available in response to increasing public demand. This represents a small reversal of the trend of recent years in which electronic publication has generally been replacing hard copy.

Extent to which new and consolidated Commonwealth legislation, and related information, is available on SCALEplus in a timely way and the level of user satisfaction

The Department made available an estimated 1700 items of new and consolidated Commonwealth legislation on SCALEplus and responded to numerous enquiries from the public seeking information about legislation. The aim is to load to SCALEplus new numbered Acts and Regulations within one business day of receipt, and electronic consolidations within three business days. These deadlines are generally met or bettered.

Last year it was reported that access to the SCALEplus site was increasing, more than one million hits a month being recorded. This trend has continued - more than two million hits a month are now being recorded. A large and increasing volume of e-mail is received on the SCALEplus feedback link, with many users expressing gratitude for the assistance provided by the Department. Most comments about SCALEplus have been positive, and any issues identified are quickly resolved.

Extent to which new legislative instruments, and related information, are available on the Legislative Instruments Database (LID) in a timely way and the level of user satisfaction

Regulations, Court Rules and a small number of other legislative instruments continued to be loaded to the Legislative Instruments Database (LID), generally within one business day of gazettal. The LID, established in 1995-96 as a precursor database for the proposed Federal Register of Legislative Instruments, contains images and related information for almost 10,000 legislative instruments. An average of almost 70,000 hits a month has been recorded on LID during 2003-04. Although feedback from users of the site is limited, comments have been positive.

Outlook

The Department will implement the Federal Register of Legislative Instruments (FRLI) under the Legislative Instruments Act 2003. It will operate from 1 January 2005. The development of the new computer system needed to deliver the FRLI is progressing well and an education program for departments and agencies is being delivered. The extra staff needed are being recruited and a training program for them developed. The administrative arrangements for the proposed scheme are well in train.

The Department will make arrangements to ensure that printed copies of Commonwealth legislation and the Government Notices Gazette continue to be available to the public by issuing a tender for the provision of the ongoing services to interested printers and distributors.

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Output 1.6: Legal services and policy advice on information law

Performance overview

Output 1.6 is the responsibility of Information and Security Law Division. Through the Division, the Department provided advice to the Attorney-General and assisted Commonwealth, State and Territory agencies on copyright law and information law matters. This made a significant contribution to ensuring an equitable and accessible system of federal civil justice.

Copyright

• The Department took a lead role in negotiating the copyright aspects of the Australia-United States Free Trade Agreement (AUSFTA). It also played a key part in preparing legislation to implement the AUSFTA.
• The Department developed an Exposure Draft Copyright Amendment (Indigenous Communal Moral Rights) Bill. The proposed amendments introduce Indigenous communal moral rights in relation to a work or film that draws on traditions, observances, customs or beliefs held in common by an Indigenous community.
• A major revision of the Copyright (International Protection) Regulations streamlines the extension of copyright protection to member states of relevant copyright treaties.
• The review of the reforms introduced by the Copyright Amendment (Digital Agenda) Act 2000 made progress. The Department publicly released a report by external consultant, Phillips Fox, on 28 April 2004. The consultant had conducted research, analysis and consultation as a major component of the Government's broader review of those reforms. The review of the Act was not completed because the AUSFTA and implementing legislation had to be completed first. Some aspects of AUSFTA overlap with the digital agenda review. The review will be completed over the next year.
• The Copyright Law Review Committee, supported by departmental research and secretariat support in its twelve-month inquiry into Crown copyright, released an issues paper in February 2004.

Privacy

• The draft National Health Privacy Code was finalised following extensive public and stakeholder consultation. It aims to achieve national consistency for the privacy of personal health information across the public and private sectors. Health Ministers are considering the draft Code.
• The Government announced the appointment of the new Privacy Commissioner, Ms Karen Curtis, for five years from 12 July 2004. In her previous position as Director, Industry Policy, of the Australian Chamber of Commerce and Industry, Ms Curtis had responsibility for privacy from a business perspective.
• Australia chaired the Privacy Subgroup of the APEC Electronic Commerce Steering Group. It led significant development of APEC draft privacy principles and a concise commentary on them. While the chair passed to Canada in June 2004, Australia continues to play a leading role in developing implementation mechanisms for the APEC draft principles.
• The Government made three changes to the Privacy Act 1988 in the Privacy (Amendment) Act 2003 to remove some obstacles the European Commission (EC) had identified to protecting the personal information of European Union citizens. This took place after departmental negotiations with the EC on a privacy adequacy rating for the Australian Government's privacy regime as established by the Privacy Act, and departmental help for the Australian Customs Service in its negotiations with the EC for a privacy adequacy rating in relation to proposals to access Passenger Name Record (PNR) data from airlines entering Australia. Australia's PNR proposals have so far been successful in progressing through the EC adequacy process and the outlook for achieving an adequacy rating is very positive.
• As part of a review conducted by the Department and the Department of Employment and Workplace Relations, a discussion paper was released that examined the extent of privacy protection of employee records and whether there was a need for further measures. A report will be made to the respective Ministers after submissions on the paper have been considered.
• The Privacy (Amendment) Act 2003 simplified the approval process by which superannuation funds can use government identifiers to provide superannuation services to Australian Government employees.

Performance measures

Policies recognise rights and responsibilities of stakeholders

The Department's negotiating position for the AUSFTA and the subsequent implementation legislation was based on a recognition of the rights and responsibilities of copyright stakeholders. Stakeholders were consulted extensively during negotiations. This was also the case in the development of the Exposure Draft Copyright Amendment (Indigenous Communal Moral Rights) Bill (see highlight point on previous page).

The revision of the Copyright (International Protection) Regulations recognised that any delays in according Australian copyright protection to new member states of treaties could have serious implications for the rights of foreign copyright owners and the responsibilities of Australian user stakeholders.

The Phillips Fox review of key elements of the copyright Digital Agenda reforms included detailed consultations with copyright stakeholders. Seventy-nine written submissions were received in response to four issues papers published for consultation purposes. Over 200 interested persons attended public forums in Melbourne and Sydney or participated in an online forum. The views of stakeholders were referred to by Phillips Fox in their final report to the Department. Where possible, views of stakeholders submitted to Phillips Fox were taken into consideration in developing the legislation to implement the AUSFTA.

As part of its inquiry into Crown copyright, the Copyright Law Review Committee released an issues paper and invited public submissions. Seventy submissions were received from a wide range of stakeholders, including publishers, libraries, law societies and state and Commonwealth government agencies. These submissions formed the basis for further consultations by the committee.

The Department's work to revise and finalise the draft National Health Privacy Code took into account comments received from extensive public and stakeholder consultation. The draft Code is currently being considered by Health Ministers.

Policies provide solutions for, and recognise an appropriate balance of, competing interests

Balance was a key issue in negotiating the copyright aspects of the AUSFTA. There was extensive consultation with stakeholders in developing Australia's negotiating position.

An Exposure Draft of the Copyright Amendment (Indigenous Communal Moral Rights) Bill was developed late in 2003 in consultation with the Department of Communications, Information Technology and the Arts and the Department of Immigration and Multicultural and Indigenous Affairs. It was released on a limited basis to identified interests. The consultative process in the development of the Bill was aimed at ensuring a reasonable balance of interests.

The Copyright Law Review Committee's issues paper on Crown copyright explored whether current laws and practices relating to government ownership of copyright are appropriate in light of competing interests, such as competition policy, accuracy and authenticity of government material and public access to information.

On 12 February 2004, the Department and the Department of Employment and Workplace Relations released a discussion paper on information privacy and employee records. The paper examined the current level of privacy protection for employee records in privacy legislation and workplace relations legislation, and formed the basis of consultation for the Government's review of employee records privacy. The paper was distributed to employer groups, employee groups, the Federal Privacy Commissioner and the States and Territories seeking comments and submission on the issues and options in the paper. The paper was available on the departmental web sites. A report on the outcome of the review will be submitted to the respective Ministers in 2004-05 following consideration of submissions received.

The Privacy (Amendment) Act 2003 simplified the process by which superannuation funds can legitimately use government identifiers to provide services to Australian Government employees while maintaining the general prohibition on adoption of those identifiers by the private sector.

Commonwealth laws (and State/Territory laws with which they interact) and Government policies are effectively explained, implemented and applied

The departmental web site includes a short guide to copyright that provides an easily understood overview of Australian copyright law. The short guide is also available in hard copy at no charge to members of the public who contact the Department.

Throughout the Phillips Fox consultancy for the copyright Digital Agenda review, the web sites of both Phillips Fox and the Department were updated regularly to inform the public about progress on the review. The issues papers and the final report were accessible online and in hard copy at no charge.

The web site of the Copyright Law Review Committee was regularly updated with progress on the Crown copyright inquiry. The Committee's issues paper canvassed current Commonwealth and State laws and practices in relation to government ownership of copyright material, as well as providing international comparisons. Copies of public submissions and the issues paper were available both online and in hard copy.

The Department produced an electronic newsletter (e-news on copyright) regularly during the year. It also contributed regular items to the Australian Intellectual Property Journal, the Copyright Reporter and Reform. These publications provide progress reports on copyright policy and legislative projects. The publications also give plain English explanations of amendments to the Copyright Act.

Members of the Department regularly spoke at seminars and functions on copyright law.

The Department maintained the Freedom of Information (FOI) web site at <http://www.ag.gov.au/foi>. This site provides general information for members of the public wishing to make an application under the FOI Act, as well as detailed guidance to Australian Government agencies to help with effective processing of FOI requests. Memorandum 98, providing guidance on the operation of the provisions of the Freedom of Information Act 1982 exempting documents from disclosure under the Act, was updated and published on the web site.

The Department also maintained an e-mail group for FOI practitioners. Membership is voluntary and open only to Australian Government agencies. The group disseminates information about FOI developments and gives practitioners a means of getting help from their counterparts in other agencies and sharing information with them.

The Department drafted a possible model privacy impact checklist for use by Commonwealth agencies in the development of proposals. It sought the assistance of the then National Office for the Information Economy (NOIE) to develop the draft. Use of such a checklist is intended to help agencies comply with privacy requirements at the earliest stages of the development of policies and programs.

Outlook

Negotiation and implementation of copyright aspects of the AUSFTA are expected to be a focus for the Department in the coming year.

The Department expects that work on Bills to introduce Indigenous Communal Moral Rights and Film Directors' Rights will be completed.

Subject to the Government's priorities, the Government's review of the copyright Digital Agenda reforms will be completed.

The Copyright Law Review Committee will complete its inquiry into Crown copyright and provide its findings to the Attorney-General.

The Privacy Act 1988 protects personal information of all persons regardless of age. In May 2001, the Attorney-General convened a consultative group to advise him on whether additional legislative provisions are required for the protection of personal information of children. A discussion paper prepared by the Department with assistance from the Consultative Group should be released for broader public consultation in late 2004.

Evaluations

Australian National Audit Office (ANAO) audit of administration of FOI requests

The ANAO tabled its report on its audit of the administration of FOI requests in six selected agencies on 24 June 2004. The Department was one of the six and was audited on both its FOI processing and its FOI policy functions.

In relation to its policy functions, the ANAO report made a number of recommendations aimed at further improving agencies' FOI practices and processes. In relation to the Department's own processing procedures, while the report made some recommendations for improvement, it found the procedures to be generally sound and appropriate.

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Output 1.7: Legal services and policy advice on native title

Performance overview

Output 1.7 is the responsibility of Legal Services and Native Title Division. Through the Division, the Department provides legal and policy advice to the Attorney-General and Government, helping ensure an equitable and accessible system of federal civil justice.

The Native Title Coordination Committee finalised its second review of funding in the native title system. The Department continued to chair and provide secretariat support to the Committee. The Committee's analysis during this review enabled it to draw conclusions about how to improve efficiency in the native title system, acknowledge areas where existing arrangements could be used most effectively, and identify specific resourcing risks and overall resource needs of the system. The Committee expects that these improvements will, in the short term, help resolve native title issues and avoid further congestion in the system. The Government has endorsed the review and its recommendations.

• The Department published the Guide to native title to increase awareness of native title issues among Australian Government departments and agencies. The guide contains information and practical examples to help government officers identify when issues may arise in the course of their work. See page 73 for more information.
• The Department managed the Australian Government's involvement in resolving a number of significant native title issues by negotiation or agreement rather than litigation. Consent determination negotiations included the Western Australian part of the Miriuwung Gajerrong application remitted from the High Court, and the Karajarri, Wik and Wotjobaluk applications. See page 71 for more information.
• The Department contributed to the finalisation of a number of Indigenous Land Use Agreements (ILUAs):
  1. The Bradshaw Partnering ILUA will facilitate the Australian Defence Force's use of around 871,000 hectares of land in the Northern Territory as a training area for up to 225 years.
  2. Two related ILUAs will allow the installation of Coastwatch High Frequency Surface Wave Radar facilities on Badu and Pumpkin Islands in the Torres Strait.
  3. Three ILUAs concerning land near Townsville, Queensland, will help with the further development of the Townsville RAAF Base.
• The Department will continue to work on developing policy on compensation for the extinguishment of native title, and to provide advice and guidance to Australian Government departments and agencies about their compliance with the Native Title Act 1993. The Department is developing proposals to refine the Government's role in native title litigation. This will help ensure the Government's participation in native title determination applications is most effectively targeted, and will take account of the roles and responsibilities of other key stakeholders in the native title system.

Performance measures

Timely and sound assistance to the Attorney (and the Government):

• in the development of policies that maintain, develop and deliver efficient and effective justice in relation to native title for all Australians by providing solutions that:

  • achieve an appropriate balance of competing interests

  • recognise the needs, rights and responsibilities of individuals and groups (including families), and legitimate business and other economic interests

  • facilitate equitable resolution of native title issues

Native title determination applications

The Department helps the Attorney-General and the Government communicate and implement native title policies through the Government's participation in the process of native title determination applications. This enables the Government to help promote equitable resolution of native title claims.

Most native title determination applications are mediated. If mediation is successful, a consent determination of native title may result. The Commonwealth seeks to resolve matters through mediation where possible. In its consent determination negotiations, the Government seeks to secure determinations that are certain, transparent, and comply with the common law and the requirements of the Native Title Act 1993. This approach helps promote fair, effective and enduring outcomes for the native title system and for all Australians.

During the year the Government became a party to a formal consent determination recognising native title for the Western Australian component of Miriuwung Gajerrong. It expressed its in-principle agreement to proposals for consent determinations for three other applications: Karajarri Part B, Wotjobaluk and Wik Part B.

Where agreement cannot be reached on all issues, the application is litigated before the Federal Court. In 2003-04 the Government participated in a number of hearings, including Bardi Jawi, Rubibi No.1, Wongatha and the Northern Territory component of Miriuwung Gajerrong.

The Full Federal Court hearing in relation to the Northern Territory part of Miriuwung Gajerrong was significant in that only a small number of issues were litigated. Negotiated agreement was secured on other aspects of the claim. This meant that the Court dealt with outstanding issues in one day. The Court handed down its decision and made native title determinations in relation to both the Northern Territory and the Western Australian components of the claim on 9 December 2003 (Attorney-General of the Northern Territory v Ward [2003] FCAFC 283).

Hearings concluded in Bardi Jawi and Wongatha. Judgments have been reserved in both cases. The Australian Government filed a 'non-claimant' application in the Wongatha proceedings on 9 June 2004 in order to ensure that the Court had jurisdiction to determine this long-running matter. The Government took this unusual step given the possibility that the Court may have otherwise found that deficiencies in the authorisation of the claim meant it was unable to make a final determination.

Judgment was delivered in a number of matters in which the Government was a party, including Barkandji No. 4 and No. 11 (Lawson v Minister for Land and Water Conservation for the State of New South Wales [2004] FCA 165) and in Wellesley (The Lardil Peoples v State of Queensland [2004] FCA 298).

Native title system coordination and consultation

The Department participates in a range of forums to discuss native title issues, such as the Native Title Coordination Committee (noted above) and the Native Title Consultative Forum. The Department chairs and provides secretariat support to the Consultative Forum, which comprises representatives of the Federal Court, Office of Indigenous Policy Coordination, National Native Title Tribunal, the Attorney-General's Department, State and Territory Governments, Native Title Representative Bodies, Human Rights and Equal Opportunity Commission, the Australian Local Government Association, state farming organisations and fishing, mining and petroleum industries. The Consultative Forum uses the extensive experience of its members to discuss significant issues that have an impact on the effectiveness of the native title system, such as how building capacity within the native title system can improve its operation. Members of the forum are encouraged to use the information gained from these discussions to inform their own native title work.

Involvement in the National Indigenous Fishing Technical Working Group

Following the October 2003 conference Indigenous fishing rights: Moving forward 2003, convened by the National Native Title Tribunal, a technical working group was formed. Membership was drawn from native title representative bodies, State, Territory and Australian Government agencies, and commercial and recreational fishing interests. The working group convened in December 2003 and March 2004. It considered a range of measures to progress Indigenous interests in Australia's fish resources. The Department provided technical advice to the working group about the impact of the proposed measures on native title. The recommendations of the working group were considered in June 2004 by a group of stakeholders drawn from the working group.

The Department continues to be involved in the work of this new group, which is developing principles to be applied by governments, Indigenous and commercial interests to respond to the commercial fishing aspirations of Indigenous people.

Timely and sound assistance to the Attorney (and the Government):

• in the development and maintenance of legislative frameworks (Commonwealth laws and State/Territory laws with which they interact) that are appropriate for that purpose

Native title determination applications

The Australian Government is participating in 179 native title determination applications that are proceeding through mediation or litigation. The Government's position in such cases is consistent with the provisions of the Native Title Act 1993. This involvement is one method by which the Government seeks to maintain a system consistent with the legislative framework. The Department ensured that native title mediation and litigation to which the Government is a party proceeded in accordance with developing legal precedents.

Commonwealth legislation

The Extension of Sunset of Parliamentary Joint Committee on Native Title Act 2004 was passed in March 2004. This legislation amended the Native Title Act 1993 to extend the term of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund until 23 March 2006.

The Department prepared and circulated a consultation paper on possible regulations under the Native Title Act 1993 to govern the holding of monies on trust under particular provisions of that Act. The Department will draw on responses to that paper in developing proposals for Government consideration.

Timely and sound assistance to the Attorney (and the Government):

• to ensure that those policies are adequately explained, implemented and applied

Implementation, education and application of native title policies across government agencies

The Department supports other Australian Government departments and agencies by providing advice on native title matters and agreement-making. It published the Guide to native title to help Australian Government officers understand the importance of native title and identify possible native title issues in their work. The guide explains options available to Australian Government departments and agencies when dealing with native title, explores the factors to consider when deciding on a course of action, and points to where further advice can be found. This simple, user-friendly document will be distributed to departments and agencies in both hard copy and electronic form. The department also provides agency specific education and awareness seminars on native title.

The Department also participates in a range of inter-departmental committees and other forums to ensure the consistent application of native title policies across government agencies. These included meetings convened by the National Oceans Office, where the Department provided advice on the interaction between native title and the development of integrated oceans management policies.

The Department was also involved in advising on the acquisition of land for a national low-level radioactive waste repository and subsequent litigation. Assistance ensured that the interests of native title claimants were dealt with in a manner consistent with the Australian Government's obligations under the Native Title Act 1993.

Native title in other forums

The Department helped the Attorney-General present the Government's native title policies and legislation in other forums. In June 2004, the Attorney-General delivered a paper outlining the Government's approach to native title to the annual Native Title Representative Bodies Conference in Adelaide. The Department also prepared a submission to the inquiry into Native Title Representative Bodies being conducted by the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, and contributed to briefings for the 60th session of the United Nations Commission on Human Rights.

Consultation and liaison with other bodies

Officers from the Department liaised with other individuals and groups with native title interests to promote shared understanding of issues confronting the native title system. This included bilateral meetings with members of Native Title Representative bodies, State and Territory officials and peak bodies. The Department was represented at a forum convened by the National Native Title Tribunal in Brisbane in January 2004, as well as a Western Australian Federal Court User Group meeting in April 2004.

Outlook

Improving the effectiveness of the native title system is a challenge facing all levels of Government. The Department will therefore look to expand its existing dialogue with other jurisdictions on native title matters, to assist in the more effective and efficient operation of the native title system, and provide opportunities for jurisdictions to learn from the experiences of others.

In view of the increasing judicial clarification of native title law, the Department will seek to engage with other parties to promote a more realistic approach to the negotiated resolution of native title applications.

The Department, as part of the Native Title Coordination Committee, will continue to monitor the resources of the native title system to ensure adequate ongoing funding. It will focus on determining the appropriate level and allocation of resources across Australian Government agencies that have responsibility for elements of the native title system to achieve effective implementation of the Government's objectives.

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

Overview

The Attorney-General's Department contributes to the achievement of Outcome 2 by providing policy advice and services in criminal justice, crime prevention, security law, critical infrastructure protection and protective security, as well as through its coordination activities. These activities are most prominent in the emergency management and protective security fields. The Department also undertakes a range of activities to meet obligations and responsibilities in international as well as domestic circumstances.

The Department works in consultation and cooperation with many other organisations to achieve Outcome 2. These organisations include government agencies (at Commonwealth and State/Territory levels) as well as non-government and foreign institutions. They include advisory bodies, law enforcement agencies, emergency services and commercial businesses. As well as the inter-relationships with other organisations, the Department operates in an environment where international as well as domestic events or trends can play a significant role.

During 2003-04, the Department made significant and subst antial progress toward achieving Outcome 2, with many successes drawing positive comments from stakeholders, including the Attorney-General and the Minister for Justice and Customs. These aspects are discussed more fully in the reports for each output contributing to Outcome 2, which appear later in this section.

Highlights for 2003-04

• The Department worked to enhance the Government's response to the changed security environment in Australia. Contributions have been through:
  • continued development of new legislative responses to ensure federal criminal laws are appropriate
  • managing increased requests from law enforcement agencies - in Australia and overseas - for international legal cooperation in the form of extradition, mutual assistance and criminal justice visas
  • continued participation in regional capacity-building activities
  • participation in developing and delivering the Enhanced Cooperation Package for Papua New Guinea
  • negotiation of legal arrangements for the operation of air security officers, and
  • responding to emerging issues such as the management of persons in custody convicted of terrorism offences and the transfer to Australia of prisoners convicted of terrorism offences.
• Criminal justice issues have taken on some new dimensions in this environment. They require increased attention to the links between terrorism and organised crime and the effectiveness of national criminal justice and law enforcement systems. The Department has made major contributions to responses to issues associated with firearms trafficking, the security and storage of firearms, the diversion of precursor chemicals and the production of illicit drugs, implementation of new anti-money-laundering legislation for Australia, and development of the Government's people trafficking strategy.
• The Department was instrumental in building on the national security and counter-terrorism reforms put in place following the 11 September 2001 terrorist attacks and the 12 October 2002 Bali bombings. Legislation enacted or commenced in the reporting period includes:
  • Criminal Code Amendment (Terrorist Organisations) Act 2004
  • Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003
  • ASIO Legislation Amendment Act 2003
  • International Transfer of Prisoners Amendment Act 2004
  • Telecommunications (Interception) Amendment Act 2004, and
  • Anti-terrorism Act 2004.
• Other legislation which was before Parliament includes:
  • National Security Information (Criminal Proceedings) Bill
  • Surveillance Devices Bill
  • Telecommunications (Interception) Amendment (Stored Communications) Bill, and
  • Anti-terrorism Bill (No 2) and Anti-terrorism Bill (No 3).
  
  The Department also significantly expanded the Trusted Information Sharing Network for Critical Infrastructure Protection (see page 96) and coordinated the work of its component bodies.
• In the light of a more complex and dynamic security environment since the September 11 attacks and the Bali and Madrid bombings, the Department continued to provide a range of high-level security initiatives in 2003-04. Efficient incident and response capability was provided through the Department's Watch Office and the National Security Hotline, which operate 24 hours a day, seven days a week. A major achievement was the successful conduct of the first multi-jurisdictional counter-terrorism exercise, Mercury 04, which tested Australia's counter-terrorism capabilities.
• The Attorney-General launched the Department's report Mapping the way forward for large-scale urban disaster management in Australia. The report highlighted issues raised in a series of Australia-wide workshops to study lessons learnt from the 11 September terrorist attacks in the United States. Some 2000 representatives from emergency management organisations, volunteer groups, private enterprise and the media identified key issues - interoperability across the sector, the need to improve information-sharing across jurisdictions, the growing significance of advances in technology, the need to continue supporting volunteers, and greater community education in emergency management.

Resource summary

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

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

*** For 2004-05 Output 2.2 becomes Legal services and policy advice on security law and critical infrastructure protection

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Administered items for Outcome 2

Diversionary programs for juveniles in the Northern Territory

Expenditure in accordance with Government decision and agreed arrangements

Under its agreement with the Northern Territory Government, the Australian Government is providing $5 million a year over four years for a pre-court juvenile diversion scheme and a jointly funded Aboriginal Interpreter Service. The objective of the agreement is to reduce the number of juveniles entering the criminal justice system and alleviate the language barriers faced by Aboriginal people.

To deal with issues identified in the 12-month review of the agreement (released in January 2003), the Government funded the Aboriginal Interpreter Service to conduct an awareness program to improve community understanding and use of the service. The project commenced in July 2003 and is expected to be completed in June 2005, with a focus on the use of interpreters for legal and medical matters.

As required under the agreement, an external evaluation was conducted to determine how far the objectives of the agreement had been met. UrbisJHD was engaged to undertake the evaluation after public tender. The evaluation began in August 2003 and was finalised in April 2004. Copies of the report are available through the Department's web page.

The evaluation found that initiatives implemented under the agreement have had a positive impact. The interpreter service has played an important role in improving access to services and improving the wellbeing of Aboriginal people in the Northern Territory. The juvenile diversion scheme has been effective in reducing the overall number of juveniles who appear before the court. The number of non-Indigenous and Indigenous juvenile court appearances dropped by 40 per cent during the first two years of the juvenile diversion scheme across the Territory. The total number of juvenile court convictions declined by 18 per cent in the same period.

The evaluation identified a number of issues to be addressed to improve outcomes from both the AIS and juvenile diversion scheme. Most significantly, while non-Indigenous juveniles have experienced sustained reductions in court appearances and convictions over the full three years of the scheme, the convictions for Indigenous juveniles began to rise in the second year and court appearances for Indigenous juveniles began to increase in the third year.

The Australian and Northern Territory Governments have signed the Agreement to extend funding. Issues arising from the evaluation will be addressed during this extension period.

National Community Crime Prevention Programme

Expenditure in accordance with the objectives of the program

On 7 May 2004 the Australian Government announced its latest initiative to combat crime in local communities - a new $20 million National Community Crime Prevention Programme. The centrepiece is a national community grants program.

The new grants program is an Australia-wide, competitive, application-based scheme. It is designed to provide the additional resources for community groups to develop their own projects and find their own ways of encouraging people to work together to promote community safety. The program will distribute $4 million a year to successful projects. Successful projects for the first round will be announced after 1 July 2004.

There are three funding streams:

• the Community Safety Stream - projects up to $150,000
• the Indigenous Community Safety Stream - projects up to $150,000, and
• the Community Partnership Stream, which will offer a contribution of up to $500,000 to support promising and innovative collaborative community safety and crime prevention demonstration projects in high-need areas.

Proceeds of crime administration

Expenditure in accordance with the legislation

Section 298 of the Proceeds of Crime Act 2002 enables the Minister for Justice and Customs to approve programs of expenditure for crime prevention, law enforcement, drug treatment and diversion.

In June 2004 the Minister for Justice and Customs approved $713,333 for the Australian National Child Offender Register (ANCOR) and $1 million for a scoping study of the National Firearms Management System (NFMS).

National funding for Crime Stoppers

Expenditure in accordance with the objectives of the program

In Australia, Crime Stoppers is a highly successful network of eight separate programs. In 1998, Crime Stoppers Australia Limited was established by the State and Territory programs to provide national and international representation, and a national information service.

Crime Stoppers Australia Ltd sets strategic directions and provides networking, information exchange on best practice and fundraising activities at the national level. The reports of the eight members of the corporation indicate the diversity of their operations and are indicative of different but current priorities. The Australian Government is providing $1 million over four years (2003-06) to support the work of the organisation. Between November 1987 and December 2003, information given to Crime Stoppers across Australia resulted in 26,730 arrests, 99,935 charges laid, the recovery of more than $51 million worth of property and the seizure of more than $711 million worth of drugs.

International bodies - membership contributions

Grants made in accordance with Government decisions and agreed rates of contribution

In 2004, Australia contributed $46,195 to the budget of the secretariat of the Financial Action Task Force on Money Laundering (FATF). The FATF is an inter-governmental body that develops and promotes international policies to combat money laundering and terrorist financing. Australia was a founding member. The Department's contribution to the secretariat meets Australia's annual commitment to supporting the work of the FATF.

In November 2002 Australia became a member of the International Centre for the Prevention of Crime (ICPC). Membership was granted for an initial two-year period at a cost of $150,000 ($75,000 for 2003-04).

The ICPC is an international non-governmental organisation that helps cities and countries reduce delinquency, violence and fear of crime. Affiliated with the United Nations, it provides a central location for identifying and distributing effective crime prevention strategies internationally. The ICPC fosters two-way dialogue and exchange of expertise and know-how between developed and developing countries.

The Australian Government provided $3,061,859 towards the operation of the International Criminal Court (ICC) in 2003-04.

The budget of the ICC is set by the ICC Assembly of State Parties to the Rome Statute of the ICC. The contribution of each State Party is determined with reference to the United Nations Scale of Assessment. The Scale of Assessment is calculated by reference to each member state's share of aggregated world gross national product.

Australia's share of the total of the required contributions is currently 3.29 per cent.

National Firearms Program Implementation Act 1996 - Administration

Expenditure in accordance with the objectives of the Program

Since the program began in 1996, the Commonwealth has provided:

• $398 million to the States and Territories for compensation for the purchase of semi-automatic firearms, and
• $63 million for administering the Program (including $56.6 million to the States and Territories for this purpose).
• At June 2004, $388 million provided for compensation and $62 million for administration had been acquitted. Some jurisdictions retain funds to meet outstanding claims.

Handgun buyback program

Expenditure in accordance with the legislation

The National Handgun Buyback program was conducted in all jurisdictions between 1 July 2003 and 30 June 2004.

At 30 June 2004, $93,387,593 in compensation had been paid by jurisdictions for 68,319 handguns and 327,252 parts surrendered under the program. In accordance with the Intergovernmental Agreement concerning the accountability and administrative procedures for the program (the IGA), the Australian Government has provided $64,683,832 in reimbursement to jurisdictions. Processing of surrendered items will continue for some time into 2004-05.

Under the terms of the IGA, States and Territories were advanced a portion of

$15 million for administrative costs on a per capita basis. This advance will be adjusted once all surrendered items have been processed and all administrative costs have been accounted for.

National Counter-Terrorism Committee - operating expenses

Expenditure in accordance with Government decision and as approved by the Standing Advisory Committee

An Australian Government-administered appropriation provides funding to the National Counter-Terrorism Committee (NCTC) program to develop and maintain a nation-wide counter-terrorism capability. The NCTC program includes the development of national plans; State/Australian Government policy and operational seminars, forums and workshops; a training and exercise program; the purchase of specialist equipment for police and other operational agencies; and the servicing of a national network of agencies. The 2003-04 NCTC budget was $6.68 million, of which $1.65 million is subject to rephasing action to carry into 2004-05. The NCTC program objectives for 2003-04 were met (subject to the rephasing action).

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Output 2.1: Policy advice on, and program administration and regulatory activities associated with, the Commonwealth's domestic and international responsibilities for criminal justice and crime prevention, and meeting Australia's obligations in relation to extradition and mutual assistance

Performance overview

Output 2.1 is the responsibility of Criminal Justice Division. Through the Division, the Department provided policy advice and program management, making a direct contribution to progressing the Government's objectives for a coordinated federal criminal justice system, an integrated national law enforcement system and effective international legal cooperation.

• The Department made significant progress in developing a suite of international anti-corruption instruments:
  • Australia signed the UN Convention against Corruption (UNCAC) on 9 December 2003, which was International Anti-Corruption Day
  • Australia endorsed the Asian Development Bank-OECD Anti-Corruption Initiative Action Plan for Asia-Pacific in October 2003, and
  • Australia led the review of the Republic of Korea (ROK) conducted under the OECD Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions.
• The Government decided to implement the revised recommendations of the Financial Action Task Force (FATF) to combat money laundering and terrorist financing. The Department led Australia's participation in the negotiations in the FATF on the complete revision of the recommendations.
• On 27 May 2004 Australia ratified the UN Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish the Smuggling of Migrants by Land, Sea and Air.
• The Department coordinated the Government's Action Plan to Eradicate Trafficking in Persons, and the $20 million package of measures to combat trafficking in persons. New draft legislation was developed to enhance Australia's existing slavery, sexual servitude and deceptive recruiting offences. Once this legislation is passed by the Parliament, Australia will ratify the UN Protocol against Trafficking in Persons, especially Women and Children.
• A guide to framing Commonwealth offences, civil penalties and enforcement powers was published in February 2004. The guide is the first published consolidation of the policies, principles and precedents used to frame Commonwealth offences, civil penalties and enforcement provisions. Promulgation of the guide has been a significant step in developing a transparent and coherent criminal law and civil penalty policy framework. The Guide can be found through the publications page on the Department's web site.
• The Department led Australia's effort to negotiate and formalise bilateral arrangements with Singapore and the United States to facilitate deployment of Air Security Officers (ASO) on flights between Australia and both foreign countries. Operational deployments are now occurring. The Department also played an integral role in securing funding for the expansion of the international ASO program. It continues to lead efforts to expand the program to other international destinations.
• Progress on firearms policy issues was delayed by the need to manage the handguns buyback program. With the completion of the buyback, better progress on these matters is expected in the next year.
• The planned review of the Extradition Act 1988 has not progressed through inability to divert resources from higher priority activities. Resources will be diverted in the next year but the review will nonetheless take some time to complete.
• Expenditure under the National Strategy to Prevent the Diversion of Precursor Chemicals was lower than expected. This was because of the need to work with stakeholders to develop concepts for activities that would deliver the outcomes sought from the strategy. A suite of appropriate activities has now been identified. It will be implemented progressively over the next four years of the strategy.

Performance measures

Policy advice

• sound policy advice provided to meet the Government's and Minister's timetable

• effective coordination and representation of Commonwealth interests in international and domestic policy development forums

• Government's legislation requirements met

South Pacific Region

The Department provides input on law and justice sectors to whole-of-government efforts to promote good governance and security in the South Pacific region.

Under the Enhanced Cooperation Package (ECP) between Australia and Papua New Guinea (PNG), the Department is facilitating the recruitment and deployment of 18 positions for Australian officials in key PNG agencies. The Department is working with the Pacific Islands Forum (PIF) secretariat to produce a model framework for South Pacific jurisdictions to comply with the UN counter-terrorism conventions. It also helped develop legislation for a guns-free Solomon Islands.

The Department worked closely with Australian Government agencies and the Government of Nauru to develop a treaty and enabling legislation for placing Australian Treasury and Finance officials at Nauru to help Nauru in financial management matters.

Commonwealth criminal law

The Minister for Justice and Customs must approve offence, civil penalty and law enforcement provisions in a Bill before its introduction into Parliament. During this financial year, the Department advised the Minister on 65 Bills and provided approximately 500 pieces of advice on the criminal law and civil penalty aspects of legislative proposals.

Combating money-laundering

The Minister for Justice and Customs announced on 8 December 2003 that Australia would be implementing new global standards to combat money laundering and terrorist financing standards. These standards are based on the 40 recommendations and the eight special recommendations of the Financial Action Task Force (FATF).

A multi-agency team, managed by the Department, has been created to devise an effective and cost-efficient anti-money-laundering/counter-terrorism financing (AML/CTF) system. The team has representatives from AUSTRAC, the Department of the Treasury and the Australian Tax Office.

The reforms to Australia's anti-money-laundering regime will involve new measures for the financial sector and the inclusion of industry sectors not previously regulated under the Financial Transactions Reports Act. Industry has been consulted to ensure international standards are met while the burden of compliance for industry, particularly small business, is minimised. Consultation has included formation of a Ministerial Advisory Group, which is a forum for high-level discussion between the Minister for Justice and Customs and representatives of selected peak industry groups. A number of issues papers and a policy principles paper were released for public comment. Public consultation sessions have been conducted in Sydney and Melbourne. Bi-lateral meetings between industry and Australian Government representatives have taken place regularly during 2004.

The second round of consultation in 2004-05 will include the release of a draft exposure bill. More information on Australia's AML reforms is available at <http://www.ag.gov.au/aml>.

Australian National Child Offender Register

The Minister for Justice and Customs has taken a leading role in brokering the development of a model for a national approach to offenders who are a threat to children by organising dialogue between police and justice ministers. The Department led the work in an Australasian Police Ministers' Council working group that developed model legislation. It also led a Standing Committee of Attorneys-General/ Australasian Police Ministers Council (SCAG/APMC) joint working group to refine that model legislation. The CrimTrac agency is building the technical infrastructure that will support the national register.

Multi-jurisdictional law reform

The Department has been involved in the work of two multi-jurisdictional law reform bodies over the past year: the SCAG/APMC Joint Working Group on National Investigative Powers (JWG) and the Model Criminal Code Officers' Committee (MCCOC). This involvement has culminated in finalising law reform initiatives of national importance, including:

• Cross-border investigative powers. The JWG published a report containing nationally consistent model laws that streamline four key areas of covert law enforcement: controlled operations, assumed identities, surveillance devices and witness protection. Implementation of the new model laws will enable Australia's law enforcement agencies to undertake covert investigations beyond the boundaries of any one jurisdiction in tackling serious and organised multi-jurisdictional crime.
• Double jeopardy. The MCCOC published a discussion paper recommending model laws reforming the double jeopardy principle.
• Credit-card skimming. MCCOC issued a discussion paper recommending model credit and debit card skimming offences as part of the broader issue of identity theft. These model offences form the basis of offences included in the recently enacted Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act 2004.

International policy development

The Department leads the Australian delegation to the Financial Action Task Force on Money Laundering (FATF). The Australian Government has decided to adopt the revised Recommendations on Anti Money Laundering approved by the FATF in June 2003. The Department coordinated the input of Australian Government agencies to the work of the FATF. In May 2004, OECD Ministers agreed to an extension of the FATF mandate for a further eight years.

Legislation

Throughout 2003-04, the Department was increasingly involved in national security policy issues - particularly in implementing the Government's strategy to extend the reach of Australia's criminal justice system to terrorists.

The Anti-terrorism Act 2004 gave new powers to law enforcement agencies to arrest and question terrorist suspects. The Act also provides for: a national solution to bail issues and minimum non-parole periods in the terrorism context; updated foreign incursions offences, particularly in situations where terrorist organisations are operating as part of the armed forces of a state; stronger offences targeting membership of, and training with, terrorist organisations; and tightening the Proceeds of Crime Act 2002 so that persons who commit certain offences, including terrorism offences, cannot reap commercial rewards from their criminal notoriety.

Other counter-terrorism measures were the Anti-terrorism Act (No 2) 2004 and the Anti-terrorism Act (No 3) 2004. New 'association' offences will allow law enforcement agencies to intervene before people become more deeply involved in terrorist activity. The Anti-terrorism Act (No 3) 2004 will strengthen the powers available to security agencies and police to ensure that those suspected of serious offences or harmful conduct, including suspected terrorists, are prevented from leaving Australia on a foreign travel document.

Other significant legislative achievements include:

• The Australian Protective Service Amendment Act 2003, which ensures Australian Protective Service and Australian Federal Police (AFP) officers have adequate powers and capabilities to operate cooperatively and effectively to remove potential threats to national security.
• The Australian Federal Police and Other Legislation Amendment Act 2004 amends the Australian Federal Police Act 1979 and the Crimes Act 1914 to finalise the integration of the Australian Protective Service into the AFP. This is a significant structural change to two key federal agencies. The Australian Protective Service Act 1987 was repealed. The Act also gives the AFP power to investigate State offences with a federal aspect. This implements resolution 16 of the April 2002 Leaders' Summit on Terrorism and Multi-jurisdictional Crime.
• The Australian Crime Commission Amendment Act 2004 attends to technical implementation requirements that have arisen following the establishment of the Australian Crime Commission.
• The Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Bill 2004 was introduced into the Parliament on 24 June 2004. This represented the culmination of a year-long effort to develop a suite of new telecommunications offences for the Criminal Code. The most critical offences target: the production, distribution and possession of child pornography and child abuse material using a carriage service (for example, the Internet); and the use adults make of the Internet to 'groom' and/or procure children for future acts of sexual abuse. The Bill contains new credit-card skimming offences. It will also contain new federal contamination of goods offences - reforms prompted by the recent contamination incident of live sheep intended for export.
• The International Transfer of Prisoners Amendment Act 2004 (which received Royal Assent on 23 March 2004) extended the application of the Intern ational Transfer of Prisoners Act 1997 to cover areas such as Hong Kong and Guantanamo Bay. The amendments also facilitate the transfer to Australia of any Australian citizen who is convicted and sentenced to a term of imprisonment by a US military commission.

Firearms and weapons

The Department's firearms and weapons control responsibilities continued to focus on implementing the national handgun reforms endorsed by the Council of Australian Governments (COAG) in December 2002. The Department managed:

• the payment to the States and Territories of $64,683,832 in compensation reimburse-ments for the surrender of 68,319 handguns and 327,252 parts and accessories under the National Handgun Buyback, and
• the advancement of $15 million for administrative costs for the buyback. Reimbursements under the buyback will be completed in 2004-05.

The Department provides secretariat support and policy input for the Minister for Justice and Customs' Sporting Shooters and Firearms Advisory Council and for the Firearms Policy Working Group of the Australasian Police Ministers' Council. These have been the primary forums for Commonwealth/State/Territory and stakeholder consultation on firearms issues.

The Department provided policy advice to the Minister on the national regulation of firearms possession and ownership. The advice covered use and storage of firearms by the private security industry, firearms theft and diversion, firearms importation, film armourer regulations, firearms manufacture, firearms training standards, the regulation of weapons and crossbows, and paintball regulation. It also included a proposal to develop a national firearms management system to restrict access to compound hunting bows and to provide greater access to paintball markers.

Illicit drugs

The Department is playing a key role in developing and implementing policy to identify, inhibit and disrupt the diversion of precursor chemicals into illicit drug manufacture. This comes under the National Strategy to Prevent the Diversion of Precursor Chemicals into Illicit Drug Manufacture. Funding of $5.4 million over five years until 2007-08 has been allocated to the strategy. The Department coordinates support to the National Working Group on the Diversion of Chemical Precursors (the Precursor Working Group), established in September 2002. The working group, made up of a range of experts from law enforcement, health and industry, is coordinating several projects under the strategy.

The Department participates in the drugs policy and research work of the Intergovernmental Committee on Drugs, the National Drug Law Enforcement Research Fund and the Ministerial Council on Drugs Strategy. It provided policy advice to the Minister on a range of drugs policy matters, including diversion of precursor chemicals, drink spiking, decontamination of clandestine laboratory sites, aggravated offences involving children in drug production, and the drugs and crime link.

Federal prisoners

The Department is responsible for the administration of federal prisoner sentences. It has provided policy advice to the Minister on sentencing and prisoner administration, including the regulation of periodic detention, the transfer of prisoners on national security grounds, the possible development of reciprocal parole arrangements and the international transfer of prisoners.

Identity crime

The Department continued to play a lead role in ensuring the work in Australian Government agencies to defeat identity crime is coordinated and receives stronger impetus and strategic direction.

In June 2003, the Australian Government worked on proposals to solve the increasing problem of identity misuse. The Government's strategy has been to examine three distinct but related areas to improve the prevention and detection of identity crime:

• establishing a proof-of-identity (POI) framework
• establishing a document verification service, and
• identifying fraudulent names that already exist on databases.

The Department coordinated the development of three comprehensive feasibility studies on each of these areas. This work has involved relevant Australian Government and State and Territory agencies.

Fraud control policy

Agencies must report each year on their implementation of the Commonwealth Fraud Control Guidelines. The Department is responsible for coordinating that material for presentation to the Minister for Justice and Customs. The Department is developing a web site for the electronic submission of fraud annual report returns for the 2003-04 financial year. During the reporting period, the Department began a series of meetings with portfolio departments and agencies to improve their understanding of and compliance with the guidelines.

Conduct of investigations must comply with standards required under the guidelines. A revised Australian government investigations standards was launched on 17 September 2003.

Extradition and mutual assistance relationships

The Government proceeded with a review of the Extradition Act 1988 to streamline processes and improve the effectiveness of administrative procedures. On 13 May 2004 the Government tabled its response to the Joint Standing Committee on Treaties (JSCOT) report no. 40 Extradition: A review of Australia's law and policy. The Government did not accept the recommendations of the JSCOT report to refer the appropriate evidentiary standard and other matters concerning Australia's extradition law and policy to the Australian Law Reform Commission for inquiry and report. The Government has agreed to review the Extradition Act 1988 and Australia's extradition practice and will include some of the issues identified by the JSCOT in this review.

In 2003-04, the Government extended extradition relationships to parties to the United Nations Convention against Transnational Organized Crime and the Protocol against the Smuggling of Migrants by Land, Sea and Air. The Extradition Act 1988 applies to these countries subject to the Convention and the Protocol. The Government also extended mutual assistance relationships to all foreign countries that are parties to the Convention against Transnational Organized Crime and the Protocol of Migrants by Land, Sea and Air. The Mutual Assistance in Criminal Matters Act 1987 applies to these countries subject to the Convention and the Protocol.

Other activities

The Department progressed fundamental revisions of the draft Strategic Plan for Australian Government Law Enforcement, in consultation with Australian Government law enforcement agencies, during the year. The revised Plan is due to be settled early in the 2004-05 reporting period.

In June 2004 the Government announced a decision to establish an independent anti-corruption body for Australian Government law enforcement with royal commission and telecommunications interception powers. Early implementation of this decision will be a priority objective for the Department in the 2004-05 reporting period.

Development of appropriate strategies for violence and crime prevention

Diversion of precursor chemicals

The Department made progress in developing and implementing a number of projects under the National Strategy to Prevent the Diversion of Precursor Chemicals into Illicit Drug Manufacture. These projects include the development of a national clandestine laboratory database, enhancements to a National Industrial Chemicals Monitoring Scheme, a framework for research and evaluation of current controls on precursor chemicals, development of awareness-raising activities for key stakeholders and the public, and increased training opportunities for key stakeholders.

Trafficking in persons

The Department coordinated development of the Government's $20 million package of measures to combat trafficking in persons.

As part of the package, new Criminal Justice Certificate (CJC) and visa arrangements for trafficking victims have been developed. A criminal justice trafficking stay certificate has been created. It specifically provides that the unlawful non-citizen is, at the time, believed to be a victim of people trafficking. It has the same effect as a Criminal Justice Stay Certificate (CJSC).

Crime prevention

The National Crime Prevention program (NCP) finished operating as of 30 June 2004. It had received $38 million in funding since launched in 1997. Following a review of the NCP, on 7 May 2004 the Government announced the launch of the National Community Crime Prevention Programme (NCCPP) to replace the NCP and build on findings of the review. The Department administered the NCP and will administer the NCCPP.

Indigenous justice summit

The Department provides secretariat support for the National Aboriginal Justice Advisory Committee (NAJAC), which hosted the Justice Summit of National Indigenous Community Controlled Organisations 2003, 'One Time', in November 2003. The summit brought together representatives of peak community-controlled organisations working in health, child welfare, education, legal services and housing. On the final day of the summit, Australian and State and Territory government representatives joined in discussions with Indigenous community representatives.

The summit's key outcome was the establishment of a forum of peak organisations to provide a holistic response to Indigenous justice issues. The proposed forum, the Justice Alliance, will comprise members of NAJAC and chairs of Indigenous peak bodies involved in health (the National Aboriginal Community Controlled Health Organisations), child care (Secretariat of National Aboriginal and Islander Child Care), employment and business (Indigenous Business Australia), and legal services (National Aboriginal and Islander Legal Services Secretariat and the National Network of Indigenous Women's Legal Services). The initial focus of the forum is to sort out priorities from the Justice Summit and begin putting them into practice.

Government Sector Linkages Program

The Department managed an Australia-Indonesia workshop series on extradition and mutual legal assistance under the Government Sector Linkages Program (GSLP). This advanced the degree of understanding and cooperation between the two countries' extradition and mutual legal assistance practitioners.

Management of programs

• agreements/contracts negotiated which reflect the Commonwealth's requirements

• performance of contractual and agreement obligations monitored, reported and evaluated

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

National Crime Prevention Program

Reports and other publications

The NCP finalised a number of important projects. It released several reports and others are in the final stages of production. Although the program officially ended on 30 June 2004, a number of projects will continue to operate under funding agreements signed.

Regional crime prevention forums

Two regional conferences were held during 2003, at Alice Springs (July) and Toowoomba (October). They focused on how local people can become more involved in making their own communities safer. They covered a broad range of regional crime prevention issues and provided an opportunity to share information about good practice and relevant Australian Government crime prevention initiatives. The Department hosted the forums jointly with the Australian Institute of Criminology.

ID theft

The Department produced an information kit, How to prevent and respond to identity theft, to help potential and actual victims of identity theft. As part of the developing whole-of-government approach to the prevention and detection of identity fraud, a number of agencies were consulted in the kit's development. Around 100,000 copies of the kit were printed for distribution to the public.

Good practice report

The Good Practice in Crime Prevention project was a national research initiative to describe how best practice and continuous improvement within community crime prevention strategies could be facilitated in the future, on the basis of the current practical experience. The text of the report was published on <www.crimeprevention.gov.au> in November 2003.

The International Crime Victimisation Survey

The NCP funded the Australian Institute of Criminology to undertake the Australian Component of the 2004 International Crime Victimisation Survey (ICVS). The survey provides a standardised method of monitoring perceptions of crime and criminal justice in 60 countries. It is coordinated by the United Nations Office on Drugs and Crime.

Childhood/youth programs

Prisoners and their Families Program

Commonwealth funding for the Prisoners and their Families Program, which was designed to help prisoner parents support their children, ceased on 30 June 2004. The program, managed by Good Beginnings Australia in 13 prisons, began in 2000. Total Commonwealth funding for the project was $5 million.

Working with Adolescents to Prevent Domestic Violence - the Derby Project

This four-year project aimed to raise awareness of domestic violence among adolescents. Located in the shire of Derby/West Kimberley, the project was undertaken by Madjulla Incorporated. The report was placed on <http://www.crimeprevention.gov.au> in May 2004.

Child Wise Travel with Care Campaign

The NCP funded the non-government organisation Child Wise (formerly ECPAT Australia) to implement the second stage of its Travel with Care project. The campaign targeted Australians travelling overseas to raise their awareness of and curb the incidence of child sex tourism. The campaign focused on travel agencies. It consisted of brochures, radio and television announcements and a video for in-flight viewing.

Common Ground - Pilot Project - Tasmania

The main focus of this pilot project was on public spaces and youth. Strategies were implemented to: reduce people's fear of crime in public spaces (at two bus malls, an open shopping mall and two public parks); promote a more positive image of young people; and reduce people's fear of youth.

A report of the project was published at <http://www.crimeprevention.gov.au> in April 2004.

National Review of Approaches to Juvenile Diversion and Youth Conferencing

This research project provided a national profile of approaches to diverting juveniles from the criminal justice system, identified different models and examples of good practice, including cost-effectiveness in terms of key crime prevention, and facilitated the promotion of information on good practice on diversion.

A report of the project was published in hard copy and at <www.crimeprevention.gov.au> in November 2003.

National Review of Mentoring Youth-at-Risk

The project provided a national profile, literature review and publication of the findings about good practice in mentoring. The report was published in hard copy and at <http://www.crimeprevention.gov.au> in November 2003.

Young people and motor vehicle theft

Australia has one of the highest rates of motor vehicle theft in the world, estimated to cost the community about $1 billion a year. The Australian Government has invested

$1.345 million to pilot and evaluate the U Turn program, a training program that works with young offenders and young people at risk, in a number of sites. The Government and its funding partner, the National Motor Vehicle Theft Reduction Council, are supporting pilot projects in Tasmania, Western Australia and Queensland. Additional Government funds have been provided for a further pilot in NSW and a comprehensive evaluation of the U Turn program. The Tasmanian Government announced in May 2004 that it would take over funding when the pilot ended.

Potential criminal use of explosives in Australia

In December 2003 Senator Ellison and the Minister for Science, the Hon Peter McGauran MP, launched a joint initiative between the Australian Government and the National Institute of Forensic Science to minimise the potential criminal use of explosives in Australia. Stage one of the project, funded under NCP, identifies chemical precursors for explosives and develops ways to monitor and control their use. The second stage, funded by the Department of Education, Science and Training, looks at detection technologies for explosives, both pre- and post-detonation. The project will be completed in 2004.

Casework

• applications for assistance or decisions under domestic and international arrangements for mutual assistance, extradition, federal prisoners, firearms importation and criminal laws, proactively managed and properly determined

Firearms - import approvals

The Customs (Prohibited Imports) Regulations 1956 restrict the importation of certain categories of firearms, their parts and accessories. Importation must comply with one of the tests specified in Schedule 6 of the Regulations. The Minister for Justice and Customs must provide written permission for importation in all cases, except firearms that fall within the police authorisation test.

In 2003-04 the Minister granted 137 import approvals for firearms, ammunition and related parts and accessories: 87 under the official purposes test, 13 under the dealer test and 11 under the specified purposes test. The Minister also granted 19 sports shooter certificates, four international sports shooter certificates, and three certified buyer certificates.

Embryo exports

The Customs (Prohibited Exports) Regulations 1956 restrict the exportation of human embryos. Exportation must comply with the conditions specified in Regulation 7. The Minister for Justice and Customs must provide written permission for exportation in all cases.

In 2003-04 the Minister granted 20 export approvals for embryos: one involving a commercial agreement and 19 for own use.

Federal prisoners

The Department is responsible for providing advice on the administration of federal offenders' sentences, including decisions on parole, release on licence, interstate transfers, permission to travel overseas and applications for exercise of the Royal Prerogative of Mercy (including pardons and remission of sentences and fines). Decisions were made on 154 individual matters during the reporting period. As at 30 June 2004 there were 673 federal offenders serving full-time imprisonment in Australia - 596 of these were male and 77 were female. In addition, 23 federal offenders were serving periodic detention orders and 11 were on home detention.

International transfer of prisoners arrangements

The international transfer of prisoners scheme provides the basis for prisoners to transfer between Australia and 54 other countries.

Transfers between Australia and Thailand became possible on 26 September 2002 when the Agreement Between the Government of Australia and the Government of the Kingdom of Thailand on the Transfer of Offenders and Cooperation in the Enforcement of Penal Sentences entered into force. Australia's accession to the Council of Europe Convention on the Transfer of Sentenced Persons came into effect on 1 January 2003. Prisoners could then apply for transfer between Australia and the countries covered by the Convention.

During 2003-04 the following countries were added to those already participating in the scheme: Serbia and Montenegro (to replace the Federal Republic of Yugoslavia), Japan, Bolivia and Venezuela. The scheme now provides the basis for prisoners to transfer between Australia and 54 other countries.

As at 30 June 2004, the Department was processing 85 requests for transfer, including formal applications and informal expressions of interest. Sixty-nine of these were for transfer from Australia to a range of other countries, including Austria, Canada, France, Germany, Israel, Japan, the Netherlands, Romania, Serbia and Montenegro, Spain, Switzerland, Thailand, Turkey, the United Kingdom and the United States of America. The Department was processing 16 requests for transfer to Australia from prisoners held in other countries, including Ireland, Japan, Spain, Thailand, the United Kingdom and the United States of America.

Since the beginning of the scheme, there have been nine international transfers: three transfers from Thailand to Australia, five transfers from Australia to the Netherlands and one transfer from Australia to the United Kingdom.

Extradition

The Department continued to administer Australia's extradition laws and its existing network of international extradition relationships.

The number of incoming and outgoing extradition requests rose by around 10 per cent during the reporting year. Main offences included murder, sexual assault, fraud, drug offences, and people smuggling. The Department had a number of significant successes, in particular, the extradition of two alleged organisers of people smuggling:

• Ayoub - extradited from Thailand in July 2003 to face people smuggling charges in Australia, and
• Daoed - extradited from Sweden in November 2003 to face people smuggling charges in Australia.

Detailed statistics on extradition casework are at Appendix 10.

Criminal justice certificates

The Criminal Justice Certificate Scheme (the Scheme) is set out in Division 4 of Part II of the Migration Act 1958 (the Act). The scheme ensures that a person who is unlawfully present in Australia but who is required in Australia for the purposes of the administration of criminal justice, the Extradition Act 1988, the Mutual Assistance in Criminal Matters Act 1987 or the International War Crimes Tribunal Act 1995 can remain in Australia on a temporary, lawful basis. It also enables a person outside Australia to enter the country temporarily for the purposes of the administration of criminal justice, the Extradition Act 1988, the Mutual Assistance in Criminal Matters Act 1987 or the International War Crimes Tribunal Act 1995. The sole effect of a criminal justice certificate (CJC) is to prevent the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) from removing or deporting the non-citizen. However, it does not prevent DIMIA from taking the person into immigration detention. Once a CJC has been issued, DIMIA then decides whether the person should be issued with an appropriate criminal justice visa, which permits the person to either lawfully enter and/or remain in Australia until the CJC is cancelled.

The scheme is used by law enforcement authorities, such as the AFP, State police forces and the Commonwealth and State directors of public prosecutions. It may also be used by individual defendants who require a non-citizen to act as a defence witness at a trial. The majority of CJCs issued by the Department are requested by the Commonwealth Director of Public Prosecutions and the AFP.

Detailed statistics on criminal justice certificates are at Appendix 10.

Mutual assistance

Mutual assistance is the process countries use to provide and obtain formal government-to-government assistance in criminal investigations and prosecutions, and to realise the proceeds of crime.

Requests for mutual assistance are determined under domestic legislative and international treaty obligations. The database implemented last year to track and proactively manage mutual assistance casework has been invaluable, with the larger numbers of requests received and made.

Detailed statistics on mutual assistance casework are at Appendix 10.

Requests made by Australia

Australia made 161 new requests for assistance. This is an increase of almost 20 per cent compared to 2002-03. One hundred and thirty-three of the requests made by Australia in 2002-03 were carried forward into 2003-04. One hundred and fifty-five of the new requests and requests carried forward were executed or otherwise completed in 2003-04. This is an increase from 2002-03 of over 84 per cent of requests being executed or otherwise completed.

Most requests sought assistance in investigations and prosecutions into fraud and drug trafficking, and to a lesser extent, people smuggling. Requests for assistance in terrorism matters increased. Proceeds of crime continues to be a growth area. As a result of mutual assistance requests, Australian and foreign authorities worked together to see more than A$6 million of funds in foreign countries alleged to be the proceeds of crime being frozen. In addition, more than A$500,000 of proceeds of crime were repatriated to Australia following mutual assistance requests to a foreign country. The majority of requests were completed or executed by the United States, the United Kingdom, the Netherlands and Hong Kong.

Requests received by Australia

Requests for assistance made to Australia increased slightly, continuing the trend from the previous two years. Significantly fewer requests for service of documents were received compared to 2002-03, and requests received this year have been increasingly more complex in nature. Requests for evidence to be taken in an Australian court continue to increase. The AFP executed more mutual assistance search warrants to obtain bank records and other types of evidence than in 2002-03.

Australia assisted the International Criminal Tribunal for the former Yugoslavia in seven matters, the same number as were received last year.

These figures demonstrate the growing role of mutual assistance as an important tool in fighting transnational crime. In particular, mutual assistance is increasingly used in time-critical and multifaceted investigations and prosecutions. For example, three requests for assistance were made on an urgent basis to obtain evidence for an investigation into drug trafficking. The investigation, including evidence obtained in response to the mutual assistance request, resulted in the seizure of a large quantity of ecstasy tablets and subsequent convictions of two people in Australia for their roles in the importation.

Outlook

The Department has continued to deliver high-quality advice and administration to Government during a year of significantly increased volume in activities and new responsibilities in response to external events and Government priorities. Stakeholder relationships have remained positive and effective. The circle of agencies regularly consulted in the development of the Department's work, and to whose work the Department contributes, has expanded. This broadens the Department's contextual understanding and improves the quality of advice to Government while putting some strain on available resources.

In 2004-05 the Department will focus on implementing the new anti-money-laundering standards, further refining the criminal justice system to ensure appropriate trial processes for alleged terrorists, delivering the Government's national community crime prevention program, developing the proposed national law enforcement anti-corruption body, implementing model serious drug offences and new people trafficking laws, finalising the handgun buyback, and further developing national databases for clandestine laboratories and firearms management.

The workload of program administration, legislation, policy advice, casework, representation, coordination and secretariat services is expected to continue to increase. This will require clear priority setting within the Department and continued flexible use of staff resources to meet those changing priorities.

Evaluations

Review of National Crime Prevention program

Since its launch in 1997 the National Crime Prevention program has been provided

$38 million in funding from the Australian Government. Part of that funding included an additional $4 million provided in the 2003-04 Budget on condition that a review of the program be undertaken before the 2004-05 Budget process.

The objectives of the review were to (1) evaluate the performance of the program by the Department of Finance and Administration, (2) review the future role of the Australian Government in crime prevention, and (3) provide recommendations on future areas of work and appropriate funding levels. Consulting firm

Booz Allen Hamilton undertook the review. The review found that the policy directions of the program have been effectively implemented and the program has been efficiently delivered. The program has had clear and demonstrable impact in policy coordination to maximise the investment by the Australian Government. It has made a significant contribution to both the evidence base and the national crime prevention infrastructure.

Review of Northern Territory Agreement

In July 2000 the Prime Minister signed an Agreement with the Northern Territory Government to provide $5 million a year over four years to establish a pre-court juvenile diversion scheme and a jointly funded Aboriginal Interpreter Service. Under the Agreement, an independent evaluation was required in its final year. The evaluation, undertaken by UrbisJHD, began in August 2003 and was completed in April 2004. The evaluation demonstrated that the initiatives have had a positive impact in reducing the number of young people coming before the courts and in improving access to services for Aboriginal people. The report of the evaluation has been released through the departmental web site.

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Output 2.2: Legal services and policy advice on security law

Performance overview

Output 2.2 is the responsibility of Information and Security Law Division. Through the Division and its work with other areas (particularly the Criminal Justice Division), the Department provides coordination and policy advice, helping ensure coordinated federal criminal justice, security and emergency management activity for a safer Australia.

The Department assisted the Government with a range of legislation in the national security, counter-terrorism and tele-communications interception areas.

• The Criminal Code Amendment (Terrorist Organisations) Act 2004 took effect on 10 March 2004. This Act enables the Australian Government to list terrorist organisations based on Australia's national interest and security needs, as well as the advice of Australian intelligence organisations. Before this legislation, Australia could only list an organisation if the UN Security Council had identified it as a terrorist organisation.
• The Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003 became law on 5 November 2003. It allowed the Government to list the military wing of Hamas and Lashkar-e-Tayyiba as terrorist organisations. Regulations listing these organisations as terrorist organisations became effective from 9 November 2003. Regulations listing Palestinian Islamic Jihad as a terrorist organisation became effective from 3 May 2004.
• The Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003 took effect on 23 July 2003. This Act empowers ASIO to seek a warrant to question, and in limited circumstances detain, a person who may have information important to the gathering of intelligence in relation to terrorist activity. The ASIO Legislation Amendment Act 2003 took effect on 18 December 2003. This Act was developed in response to practical issues identified by ASIO in the planning and execution of warrants under the new questioning and detention regime.
• The Anti-terrorism Act 2004 took effect on 30 June 2004 and the Anti-terrorism Bill (No.2) 2004 passed through the House of Representatives on 25 June 2004. The Anti-terrorism Act amends the Crimes Act 1914 to:
  • give law enforcement authorities the operational flexibility they need when they investigate federal terrorism offences, including through longer investigation periods if judicially authorised
  • provide a national solution to bail issues for persons charged with terrorism offences, and certain other offences relevant to terrorist activity, and
  • provide for minimum non-parole periods for persons convicted of, and sentenced for, committing terrorism offences and certain other offences relevant to terrorist activity.
• The Anti-terrorism Act also amended:
  • the Crimes (Foreign Incursions and Recruitment) Act 1978 to update the foreign incursions offences, particularly in situations where terrorist organisations are operating as part of the armed forces of a state
  • the Criminal Code Act 1995 to strengthen offences targeting membership of terrorist organisations and providing training to or receiving training from a terrorist organisation, and
  • the Proceeds of Crime Act 2002 to improve restrictions on any commercial exploitation by a person who has committed foreign indictable offences, including terrorism offences.
  
  The Anti-terrorism Bill (No.2) 2004 will provide an offence for association with a terrorist organisation and the capacity to transfer prisoners for national security reasons.
• The National Security Information (Criminal Proceedings) Bill 2004 was introduced into Parliament on 27 May 2004. The Bill seeks to protect information, which, if disclosed during criminal proceedings, is likely to prejudice national security. The Bill applies to any criminal proceeding in any court exercising federal jurisdiction in relation to Commonwealth offences.
• The Department helped the Government develop further reforms in the area of telecommunications interception. Two pieces of legislation entered into force in the reporting year. Another Bill remained before the Parliament. The Telecommunications Interception and Other Legislation Amendment Act 2003 amended the Telecommunications (Interception) Act 1979 and other legislation to provide the Western Australian Corruption and Crime Commission with relevant law enforcement powers to perform its functions, including telecommunications interception. That Act also enabled law enforcement agencies to seek telecommunications interception warrants in connection with the investigation of slavery, sexual servitude, deceptive recruiting and aggravated people smuggling offences. The Telecommunications (Interception) Amendment Act 2004 further amended Australia's interception regime to allow interception warrants to be sought in connection with the investigation of a broader range of terrorism offences, organised dealings in firearms and State cybercrime offences.
• The Surveillance Devices Bill 2004 passed the House of Representatives on 24 June 2004. The Bill consolidates, updates and modernises the surveillance device powers of the Commonwealth. The Bill aids law enforcement by allowing a wider range of devices to be used and making warrants available for a wider range of offences. It also enables senior law enforcement officers to authorise the use of surveillance devices in emergency circumstances.
• The Department provided policy advice on security-related matters, including specific cases such as the detention of Australian citizens by the United States military at Guantanamo Bay in Cuba. In particular, the Department worked to ensure that the agreement reached between the Australian and United States Governments about the military tribunal process and the fair and humane treatment of detainees was adhered to.
• The International Transfer of Prisoners Amendment Act 2004, which took effect on 23 March 2004, enables the transfer of prisoners convicted by a US Military Commission back to Australia to complete the serving of their sentence.
• The Department continued to help the Government develop national security and counter-terrorism policy by continuing to provide extensive support to the Attorney-General in his role as a member of the National Security Committee of Cabinet. The Department also provided advice to a range of clients on other national security and counter-terrorism related legislation administered by the Attorney-General's portfolio.
• Significant progress was achieved in implementing Critical Infrastructure Protection (CIP) initiatives. The Trusted Information Sharing Network, which brings together consultative groups from the private sector on CIP planning, was launched in 2002-03. It was expanded during the year to include seven infrastructure assurance advisory groups representing different sectors, and three expert advisory groups. A branch within the Department has been created to handle CIP matters. A number of seminal policy issues have been agreed with industry and the States and Territories. These will pave the way for an anticipated expansion of the program in 2004-05.
• In June 2004 the Department supported the Business-Government Ministerial Forum on National Security, which brought together approximately 40 senior business leaders. The purpose of the forum was to strengthen the partnership between business and government in protecting Australia's critical infrastructure. An outcome of the meeting was the creation of a new standing Business-Government Advisory Group on National Security to be chaired by the Attorney-General.
• The Department maintained its role in coordinating arrangements to protect the National Information Infrastructure (NII). The Department continued to monitor threats to the information infrastructure, in concert with operational agencies, and provide policy advice to Government.
• In October 2003, the Department ran the second of two seminars at the APEC Telecommunications and Information Working Group meeting in Chinese Taipei on Computer Emergency Response Team (CERT) Awareness Raising and Capacity Building. The seminar focused on strengthening CERT communications in the Asia-Pacific region and was very well received by both policy makers and CERTs themselves. On the back of the success of these seminars, officers from the Department will oversee a project, funded by APEC with additional assistance from the United States, to provide CERT training to Russia, Mexico, Peru and Chile. This work builds on the strong relationship between the Department and the University of Queensland's AusCERT.

Performance measures

Policies recognise rights and responsibilities of stakeholders

The Department continued to respond to the security environment by expanding and enhancing the legislative regime to combat terrorism and strengthen Australia's national security. The following Acts came into effect.

• ASIO Legislation Amendment Act 2003
• Criminal Code Amendment (Hamas and Lashkar-e-Tayyiba) Act 2003
• Telecommunications Interception and Other Legislation Amendment Act 2003
• International Transfer of Prisoners Amendment Act 2004
• Criminal Code Amendment (Terrorist Organisations) Act 2004
• Telecommunications (Interception) Amendment Act 2004
• Anti-terrorism Act 2004

Each piece of legislation was subject to extensive parliamentary scrutiny, offering stakeholders the opportunity to make public submissions.

Where appropriate, the legislation was developed in close consultation with stakeholders. For example, the ASIO Legislation Amendment Act 2003 was developed in response to practical issues identified by ASIO in the planning and execution of warrants under ASIO's new questioning and detention regime. Amendments to the Telecommunications (Interception) Act 1979 were developed in consultation with intercepting and other interested agencies. The Report of the Review of Named Person Warrants and Other Matters, conducted by Mr Tom Sherman AO, was tabled in both Houses of Parliament. The Department initiated consultations with affected agencies about the recommendations of the Report.

A new Critical Infrastructure Protection National Strategy was endorsed by the Critical Infrastructure Advisory Council in March 2004. The strategy describes the relative roles and responsibilities of all CIP stakeholders. It was developed in consultation with industry and the States and Territories.

Policies provide solutions for, and recognise an appropriate balance of, competing interests

In its work on Australia's counter-terrorism and national security legislative framework, the Department was conscious of the need to protect the community from the threat of terrorism without unnecessarily encroaching on the rights and liberties of individual Australians.

The Department provided legal input into the formulation of appropriate secrecy provisions in new legislation. It ensured that such provisions were necessary and applicable to identifiable persons and information, and that secrecy provisions were consistent with policy requirements in relation to burden of proof, penalties and access to information through court proceedings.

In the telecommunications interception area, the Department's policy advice maintained the balance between providing effective tools to law enforcement and security agencies and protecting the privacy of users of the Australian telecommunications system.

The function of the Agency Coordinator, a statutory office established under the Telecommunications Act 1997, is undertaken by the head of the Department's Information and Security Law Division. The Agency Coordinator acts as a point of contact between telecommunications service providers and law enforcement agencies on interception and related issues. The Coordinator performed his statutory role in considering Interception Capability Plans and applications for exemptions from interception capability requirements in accordance with that Act. Amendments to the Act which took effect in April 2004 require the Australian Communications Authority to consult the Coordinator on all applications for carrier licences. The Coordinator took on the role of commenting on such applications in the latter part of the reporting year.

The Department ensured that all Critical Infrastructure Protection initiatives have been developed from an 'all-hazards' perspective - that is, that they consider counter-terrorism aspects alongside other deliberate and accidental threats. This approach is better able to integrate with existing security, risk management and business continuity planning in the private sector.

Government policies are effectively explained, implemented and applied

A further three groups have been listed as terrorist organisations under the Criminal Code Regulations 2002, bringing the number of listed terrorist organisations to 17. When an organisation is listed, it becomes an offence to join that organisation or to receive from, or provide to, that organisation training, funds and other resources. Regulations listing the military wing of Hamas and Lashkar-e-Tayyiba as terrorist organisations became effective from 9 November 2003, and regulations listing Palestinian Islamic Jihad as a terrorist organisation became effective from 3 May 2004. The listing of these organisations gave effect to the Government's stated intention of proscribing groups engaging in or planning terrorist acts.

The Department assisted various parliamentary committees, particularly the Senate Legal and Constitutional Legislation Committee, in their consideration of several Bills, including the ASIO Legislation Amendment Bill 2003, Anti-terrorism Bill 2004, Surveillance Devices Bill 2004, and the National Security Information (Criminal Proceedings) Bill 2004. The Department also assisted the Parliamentary Joint Committee on ASIO, the Australian Secret Intelligence Service (ASIS) and Defence Signals Directorate (DSD) in its consideration of amendments to the Intelligence Services Act 2001, and the listing of the Palestinian Islamic Jihad as a terrorist organisation. The Department's appearance before, and the provision of other assistance to, parliamentary committees ensured that the government policies implemented by those Bills being considered were effectively explained.

The Department answered a large volume of correspondence from members of the public asking about the status and operation of the counter-terrorism and security legislation as well as the status of Australians detained by the United States military at Guantanamo Bay, Cuba. In answering this correspondence, the Department explained, often at length, the operation of national security and counter-terrorism legislation as well as the agreement reached between the Australian and United States Government about Australians detained at Guantanamo Bay.

The Department provided essential legal input on the operation of the 'call out' powers in Part IIIAAA of the Defence Act 1903 for national security exercises conducted under the National Counter-Terrorism Committee framework. These exercises are coordinated by the Department's Protective Security Coordination Centre.

The Department provided advice and training on the application of telecommunications interception legislation to intercepting law enforcement and security agencies, including giving presentations at agency training programs. Training was provided both through annual training events internally provided within intercepting agencies, as well as by invitation and at other events as opportunities arose.

The public is kept informed about the Department's work on national security and counter-terrorism matters through the Department web site. Members of the public can access extensive information about the Government's security legislation and policy package, as well as other security initiatives.

The Department has put in place a wide network of consultative groups to bring the private sector into the planning processes for Critical Infrastructure Protection. These groups, which together form the Trusted Information Sharing Network for Critical Infrastructure Protection, were used to ensure industry visibility on CIP issues as well as being an integral part of the policy development process.

Outlook

The changed security environment and the high priority accorded by the Government to national security and counter-terrorism issues will ensure the demand for the Department's involvement remains high. The Department will be proactive in monitoring and reviewing existing legislation in light of the prevailing and potential future security environment. It will develop and implement appropriate enhancements and legislative amendments.

The Department's efforts in Critical Infrastructure Protection (CIP) have borne fruit in the Trusted Information Sharing Network becoming an active and vibrant network building on the business-government partnership that began in 2002. CIP will require additional effort and leadership by the Department in response to growing awareness and as the interest and issues increase. The Department will promote, develop and expand CIP work within key industry stakeholders sector advisory groups. It will further integrate CIP strategies into general business processes of the owners and operators of critical infrastructure. The Department will need to coordinate across the Australian Government to ensure that all sectors have adequate levels of protective security on critical infrastructure, minimal single points of failure and rapid, tested recovery arrangements.

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Output 2.3: Provide national leadership in the development of emergency management measures to reduce risk to communities and manage the consequences of disasters

Performance overview

Output 2.3 is the responsibility of Emergency Management Australia (EMA). Through EMA, the Department focuses on the emergency management aspects of community safety, helping ensure coordinated federal criminal justice, security and emergency management activity for a safer Australia.

• Some 750 Australian and international delegates, and 150 speakers, took part in the 2003 Australian Disaster Conference convened in Canberra by the Department. The focus was on community safety and education, advances in national security and counter-terrorism. An emphasis was on urban search and rescue (USAR), the enhancement of skill-sets for emergency management volunteers, and strategic partnerships within the public and private sectors to examine vulnerabilities and provide solutions. Another focus was on youth in emergency management.
• In overseas disaster assistance, the Department coordinated Australian Government emergency relief after an earthquake devastated the city of Bam in Iran on 26 December 2003, and tropical cyclones struck the Pacific island nations of Niue and Vanuatu in January-February 2004. The Government's decision to airlift humanitarian supplies to Bam greatly helped international efforts to cope with immediate community needs. With immense infrastructure damage in Niue and Vanuatu, the Department not only coordinated the supply of essential medical, communication, shelter and food supplies, but also deployed liaison officers to both countries. They helped regional disaster emergency management organisations assess the damage and prioritise tasks to re-establish critical infrastructure to support communities.
• The Attorney-General launched the Department's report Mapping the way forward for large-scale urban disaster management in Australia. The report highlighted issues raised in a series of Australia-wide workshops to study lessons learnt from the 11 September 2001 terrorist attacks in the United States. Some 2000 representatives from emergency management organisations, volunteer groups, private enterprise and the media identified key issues-interoperability across the sector, the need to improve information-sharing across jurisdictions, the growing significance of advances in technology, the need to continue supporting volunteers, and greater community education in emergency management. Commending the report, Mr Ruddock indicated the Australian Government was committed to working with the States and Territories to ensure areas of concern are understood and receive the necessary attention and priority.
• The Department developed a Graduate Certificate in Emergency Management and associated articulation arrangements. It has been strongly supported by a wide range of relevant disciplines across the emergency management community. This tertiary-level qualification will satisfy an identified need for a professional development program that can integrate emergency management considerations into other policy frameworks.
• The national 2003 Safer Communities Awards highlighted benefits for the Australian community across a wide range of cooperative and innovative projects. They focused not only on perennial Australian hazards, but also on the consequences of terrorist bombings and health services issues, projects involving youth and people with disabilities, and community awareness through the media. The Attorney-General saw the Awards as 'bringing to the fore the largely unseen work of many people helping to shape Australia's awareness of threats to our safety and enhance our ability to deal with potential risks'. For the first time in the history of the awards, one of the 12 national winners, selected from 33 finalists recognised at the State/Territory levels, was from a secondary school. This outreach initiative established an emergency service cadet unit at St Philip's College in Alice Springs to make students more aware of community safety and emergency management.

Performance measures

Develop a national strategic emergency management framework agenda

The Department continued to develop a national strategic emergency management framework during the year. This was achieved by initiating and chairing forums on specific emergency management issues, investing in innovative thinking, and identifying strategies to deal with current and future risk. The Department received high-level support to achieve this objective through reports directed by the Council of Australian Governments (COAG) and federal parliamentary committees.

As a member of the National Counter-Terrorism Committee (NCTC), the Department continued to support the work of the committee through the NCTC forward work program, and has done considerable work in the development of national USAR capability.

The Department managed the transition to new high-level emergency management arrangements resulting from the COAG review Natural disasters in Australia - Reforming mitigation relief and recovery arrangements. This involved reconstituting the Australian Emergency Management Committee (AEMC), forming an augmented Australasian Police Ministers' Council (APMC) to consider key emergency management issues, and providing Secretariat support for those forums. An inter-jurisdictional Officials Working Group was formed to support the operations of the AEMC and to guide the implementation of the COAG recommendations.

The Department continued its work on critical infrastructure protection through the sharing of information on identification of critical emergency services infrastructure, risk assessment tools and methodologies, threats and vulnerabilities, mitigation strategies, treatment options and interdependencies with other industry sectors. A work program has been agreed to further consider these issues. In partnership with industry, the Department developed the Critical infrastructure emergency risk management and assurance handbook for senior emergency risk managers.

The Department has fully aligned its training and assessment programs to nationally agreed competency standards. This approach boosts national capability and supports interoperability between jurisdictions.

Build more effective relationships between emergency management and other sector stakeholders

The Department promotes effective relationships in the emergency management sector between State and Territory emergency management organisations, volunteers, private enterprise, the media, and the Australian public. The Department published the quarterly Australian Journal of Emergency Management (AJEM). This year saw two special themed issues published, one relating to volunteers, and the other to the 2003 Australian Disaster Conference.

Partnerships with education and industry in disciplines relevant to emergency management added value to the outcomes of the Department's education and training programs. During 2003-04, partnerships were developed with RMIT University, Swinburne University, and Charles Sturt University. They provided opportunities for graduates from the emergency management sector to access Bachelor, Graduate Diploma and Masters programs in business administration, health science and emergency management. Establishing partnerships has been important in the drive to professionalise the emergency management industry, and to further raise the capabilities of emergency managers.

Enhance emergency management capability

The Department has managed the Chemical, Biological and Radiological Enhancement Program (CBREP) since October 2002. The CBREP, to which the Australian Government allocated $17.8 million over four years, improves national capability to respond to deliberate chemical, biological and radiological (CBR) incidents. The CBREP has enabled the procurement and distribution to State and Territory first responders of specialist equipment and the provision of training. All States and Territories are receiving the same equipment and training aimed at improving interoperability between agencies/jurisdictions.

In the first two-year phase of CBREP, the focus was on acquisition of detection, protection and decontamination equipment, and training of first responders in its use. The focus in the second phase of CBREP will be on maintenance, continued training and performance reporting. The final aspects of the acquisition phase were being completed in June 2004. The National CBR Working Group, a multi-jurisdictional body of CBR experts and response practitioners, has provided technical advice and guidance to the Department during the CBREP.

Following a review of lessons learnt through the response to the 2002 Bali bombing, the Department developed a national response plan for mass casualty incidents involving Australians overseas. A draft of the plan has been provided to stakeholders to consider before it is finalised.

The Department provided information to the ongoing COAG national inquiry on bushfire mitigation and management and to the House of Representatives Select Committee on the Recent Australian Bushfires. The committee released its report A nation charred in October 2003. Departmental submissions focused on advice on existing procedures, observations made during the recent severe bushfire seasons and the Australian Government's contribution to the operational response. The Department expects a role in implementing recommendations arising from COAG consideration of the inquiries.

The Department provided national leadership for the emergency management sector on the review of emergency management competency standards. Existing standards were revised and new standards developed to meet identified gaps. The project resulted in national agreement on the competency standards required for effective emergency management. A new core unit, 'Undertake emergency planning', has been well received by stakeholders.

In January 2004, the Department launched a new 2004-05 research and innovation program focusing on nationally determined priorities for research and innovation in emergency management. Expressions of interest were sought for scoping and major projects in areas from emergency management and volunteers, to risk perception and people's behaviours, to economic costs of disasters. Under the 2003-04 programs, 10 funded projects improved community safety through such initiatives as emergency management Internet sites, counselling services during an emergency, and measuring emergency services workloads at mass gatherings. One project completed and launched in Mackay in November 2003 introduced a CD-based self-training emergency risk management manual to Queensland's offshore island tourist resorts. Titled Cyclone and storm surge preparation and response, the CD was developed by the Queensland Department of Emergency Services with departmental funding. The training program has improved the overall safety environment for Australian and international tourists, and is applicable to any offshore community.

A partnership between the Australian Local Government Association (ALGA) and the Department's Local Government Emergency Management Capability Enhancement Program led to approval of seven State/Territory projects to enhance the application of emergency risk management practices at the local government level.

Facilitate the process of developing resilient and safer sustainable communities

The Department reviewed a number of its community awareness products in response to stakeholder feedback. The reviews were undertaken in conjunction with subject matter specialists within Australian Government and State/Territory agencies, and the new community awareness materials were distributed through established emergency services networks. This material, which covers the full range of natural hazards, provides practical advice to the public to help prepare for dealing with an emergency within their local community.

The Department's profile as a leader in emergency management was underlined by invitations to speak at national and international emergency management and security forums. This involvement has led to a greater appreciation of best practice and increased the number of formal and informal links with international organisations in the sector.

Following successful delivery and evaluation of the program Emergency Management for Local Government, the course will be presented to the Victorian Qualifications Authority for national accreditation in late July 2004. This departmental program develops knowledge and skills in applying emergency management strategies at the local level, contributing to more resilient and safer communities. The success of the program in Western Australia has led to Fire and Emergency Services Authority (FESA) staff delivering the program to their local government stakeholders.

Outlook

2004-05 will continue to bring new challenges to the Department in meeting its objective of developing safer, sustainable communities, especially in being prepared for managing the consequences of terrorism.

With the States and Territories, the Department will continue work on developing the Government's counter-terrorism agenda. The focus will be on the emergency services aspects of critical infrastructure protection, USAR, communications, national capability in mass casualty handling, use of spatial data, CBR training, and developing further planning for response to mass causality events involving Australians overseas. Work will also continue on integrating consequence and emergency management with counter-terrorism crisis management.

The Department will continue its work on improving coordination, communication and cohesiveness in the area of mitigation and prevention arrangements. This will include improvements in mitigating the effects of all disasters, whether they are as a result of natural, technological or human causes, including acts of terrorism. The Department will continue to play a significant role in coordinating the implementation of COAG recommendations in its report Natural disasters in Australia: Reforming mitigation, relief and recovery arrangements.

The Department will conduct a Volunteers Summit in 2005 to review recommendations made in the inaugural Volunteers Summit in 2001 and consider future directions in relation to volunteer issues through the Australian Emergency Management Volunteers Forum.

The Department expects to continue its important role in implementing outcomes from the COAG National Inquiry on Bushfire Mitigation and Management.

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Output 2.4: Development and promotion of protective security policy, advice and common standards and practices, and the coordination of protective security services, including counter-terrorism and dignitary protection

Performance overview

Output 2.4 is the responsibility of the Protective Security Coordination Centre. Through the Centre, the Department provided advice and the effective coordination of the efforts of other organisations, helping ensure coordinated federal criminal justice, security and emergency management activity for a safer Australia.

• The first edition of the National counter-terrorism handbook was finalised in September 2003. The handbook was developed by a National Counter-Terrorism Committee (NCTC) working group chaired by the Department. It was distributed to relevant Australian Government and State and Territory departments and agencies in hard copy and on CD-ROM. The handbook will be reviewed in the latter half of 2004 to take into account lessons learnt from Mercury 04.
• In June 2004, the Council of Australian Governments (COAG) endorsed the 23 NCTC recommendations on protecting national critical infrastructure. The recommendations include undertaking specific threat assessments for infrastructure identified as vital to the nation, and encouraging businesses to have up-to-date security and business continu ity plans in place.
• COAG agreed that industry should be consulted as soon as possible on draft national guidelines for protecting critical infrastructure from terrorism before their final endorsement by Heads of Government. The guidelines were developed by the NCTC Critical Infrastructure Protection Working Group chaired by the Department. The Department will manage industry consultation on and implementation of the guidelines in conjunction with the Trusted Information Sharing Network and the Critical Infrastructure Protection Branch on behalf of the NCTC.
• The Department provided security coordination for the Australian visits by US President George W Bush and Chinese President Hu Jintao in October 2003.
• The Department made a significant national and international contribution to the security arrangements for the Bali Commemoration Service in Indonesia, Anzac Day at Gallipoli and the Rugby World Cup.

Performance measures

Effective coordination of security issues through cooperative relationships between governments and law enforcement and justice agencies within and outside of Australia

The multi-jurisdictional counter-terrorism exercise Mercury 04 involved the participation of 16 Australian Government departments and agencies as well as counter-terrorism policy, security, law enforcement, intelligence and emergency management agencies from Tasmania, the Northern Territory, South Australia and Victoria. The Governor-General, members of the National Security Committee of Cabinet, the Minister for Justice and Customs, the Premiers of Victoria, South Australia and Tasmania and the Chief Minister of the Northern Territory were all engaged in the exercise. The Department, through its work with and on behalf of the NCTC, continues to maintain strong and effective working relationships with a range of governments, law enforcement, security, intelligence, emergency management and justice agencies and the Australian Government Counter-Terrorism Committee (AGCTC).

As noted in last year's report, the lead role for counter-terrorism high-level policy coordination within the Australian Government has transferred to the Department of the Prime Minister and Cabinet. However, the Attorney-General's Department retains responsibility for administering the NCTC special fund; coordinates the NCTC training, exercise and equipment procurement programs; and provides executive and secretariat support for a number of the NCTC sub-committees and working groups.

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The Department provides executive and secretariat support to the AGCTC. The AGCTC meets monthly to review and advise government on the national level of alert and to share protective security information and intelligence with relevant Australian Government departments and agencies.

The Department also chairs the Australian delegation to the Quadrilateral Chemical and Biological Counter-Terrorism and Counter Measures Group with the United States, United Kingdom and Canada. Australia hosted the annual meeting of this group in September 2003, further strengthening ties with international counterparts in this increasingly important area in the fight against terrorism.

The Watch Office continued to deliver a wide range of security coordination services to Australian Government, State and Territory departments and agencies. This included timely and accurate security reporting to numerous clients on a daily basis and supporting an out-of-session NCTC discussion to assess the implications to Australia's transport security after the Madrid railway bombings of 11 March 2004. The Watch Office also established a twice-yearly meeting of Australian Government agencies to review and improve cross-portfolio communications and cooperative relationships between various incident rooms and operations centres.

The National Security Hotline, working closely with the Watch Office, provides a single point of contact for the public to report national security information and to seek reassurance and advice on national security issues. During the year the hotline logged 13,731 calls, letters and emails, compared to 19,747 calls logged from when the hotline was established last year on 27 December 2002 to 30 June 2003. Of this year's communications, around half provided information on suspicious activity that was forwarded to relevant authorities (see Figure 3). A significant proportion of information calls triggered investigations by security agencies about potential threats to Australia's security or helped progress existing ones. These calls demonstrate an increased level of awareness within the Australian community.

The Department worked closely with Australian Government and other partner agencies on security arrangements for the Rugby World Cup 2003, the Bali Bombing Commemoration and the Anzac Day services at Gallipoli. All presented unique security challenges with no serious security incident occurring during these events.

Through its membership of an inter-departmental committee and participation in two Australian Government delegations that travelled to Athens for meetings with Greek Government agencies and Games organisers, the Department provided advice to improve security arrangements for Australian interests in Greece during the 2004 Olympic and Paralympic Games.

The Department chairs the Australian Government's Melbourne 2006 (M2006) Commonwealth Games Security Working Group. The group brings together all Australian Government and Victorian Government agencies with security responsibilities for the Games. It has developed a strategic plan and completed a security risk assessment on the Australian Government's role in the Games' security. From March 2004, a departmental officer was seconded full-time to the M2006 Commonwealth Games Task Force in the Department of Communications, Information Technology and the Arts.

Figure 3: National Security Hotline calls 2003-04

Security education and awareness meets clients needs and reflects standards as set out in the Protective Security Manual

The Protective Security Coordination Centre's Training Centre provides security education and awareness training to Australian and State Government agencies on a cost-recovery basis. Courses cover all aspects of protective security, including personnel vetting, physical security, information security, IT security, administrative investigations, security management, risk management and general security awareness. In 2003-04, the Training Centre conducted 64 courses (54 last year) and 21 seminars (24 last year).

Feedback from course participants indicates that the Training Centre is performing well, with more than 90 per cent of student evaluations rating the courses as above average or excellent.

The Training Centre was instrumental in an initiative to include a nationally recognised government security management stream in the Public Service Training Package and in the development of relevant competencies and qualifications. Australian National Training Authority approval of the competencies and qualifications is expected in the second half of 2004.

The Training Centre syllabi and course terminal objectives reflect the minimum standards set out in the Protective Security Manual.

Security clearance investigations conducted in accordance with standards specified in the Protective Security Manual in line with Memoranda of Understanding with client agencies

The Australian Security Vetting Service (ASVS) provides high-quality personnel security vetting services to Government agencies and private sector contractors working for Government.

In 2003-04, the ASVS completed 3330 clearances on behalf of 72 agencies (see Figure 4 on page 110). The ASVS has expanded both its public service and contractor workforce, and is now processing a minimum of 350 cases each month.

Effective management and coordination of security arrangements for Australian office holders, visiting dignitaries and diplomatic and consular personnel and premises

Australian office holders and diplomatic security

The Department continues to manage and coordinate protective security for Australian office holders and foreign diplomatic and consular missions. This is achieved by working in close cooperation with partner agencies, including the departments of the Prime Minister and Cabinet (PM&C) and Foreign Affairs and Trade, the Australian Security Intelligence Organisation (ASIO), the Australian Federal Police (AFP), AFP PS (Protective Services) and State and Territory governments and police services.

There were no significant security incidents in 2003-04 that resulted in injuries to protected persons or significant damage to property.

In close cooperation with the AFP, the Prime Minister's Office and PM&C, the Department successfully coordinated arrangements with foreign security services for visits overseas by the Prime Minister. The Prime Minister conducted nine overseas trips visiting 13 countries. The Department supported these visits by carrying out 13 advance security surveys.

The Department also manages security for the official residences of the Governor-General, the Prime Minister and the Commonwealth Parliament Offices.

Figure 4: Australian Security Vetting Service clearances

Visiting foreign dignitaries

The overlapping visits by President George W Bush of the United States and President Hu Jintao of China tested the capacity of security agencies to simultaneously manage and conduct large-scale security operations in a high-risk environment. The Department managed and coordinated security for the visits, working closely with Australian, State and Territory government agencies and police services as well as the security services of the United States and China. While both dignitaries were subjected to protest activity, effective protective security ensured that the visits were completed successfully.

While the overall numbers of visits by foreign dignitaries to Australia declined in 2003-04, the changed security environment presented new challenges. Expectations of foreign security services, who often interpreted the security environment differently to Australian agencies, have increased. This has resulted in a general expectation of more security for a wider range of dignitaries, including senior officials and an increase in the number of foreign security officers travelling with dignitaries.

The introduction of a new National Visits Media Card system has been successful. The system requires identity and bona fides checking for media representatives involved in the visit of dignitaries to Australia. This initiative has improved overall protective security arrangements and has contributed to a higher level of confidence in the legitimacy of media representatives covering visits.

Effective protective security practices, procedures and standards for Commonwealth departments and agencies

The Department helped the Australian National Audit Office (ANAO) develop two audit programs that examined aspects of protective security in Australia and Australian offices abroad. It provided advice to the Australian Law Reform Commission to help it complete its report on protecting classified and security sensitive information. The Department made a substantial contribution to the Defence Signals Directorate's revision of the Australian Government Information Technology Security Manual - ACSI-33 - which was released at the Security in Government (SIG) Conference 2004.

The Department is revising the Protective Security Manual to bring it up to date with the changed security environment. The new manual will provide much clearer distinction between the fundamental principles of security, the mandatory minimum standards the Government expects agencies to adopt, and better-practice guidance. It will also remove duplication, be written in plain English, and be made available on the Internet.

In 2003-04, the Department reported to the Government on the status of security across all government agencies, based on analysis of two surveys sent to all agencies in December 2002 and December 2003. These surveys demonstrated that agencies are continuing to improve their security management, which was consistent with the findings of ANAO audits of protective security. The surveys also indicated some issues relating to security governance which will be tackled during 2004-05.

This year's SIG conference attracted over 960 delegates, speakers, exhibitors and visitors. Although this was slightly lower than the total attendance for 2003, the 2004 Conference attracted substantially more media coverage.

The conference was strongly supported with presentations by the Attorney-General and senior officers from the Department and across government including PM&C, ASIO and the Department of Defence. Positive delegate and exhibitor feedback indicates SIG maintains its pre-eminence in the expanding security conference marketplace.

Outlook

Considerable effort has gone into capturing the lessons learnt from Mercury 04 to ensure continuous refinement and improvement of Australia's counter-terrorism management. Several working groups have been established to work through various issues, such as the declaration of a national terrorist situation, the raising of alert levels and information flows. The outcomes will be reflected in the updated handbook and tested in future counter-terrorism exercises.

Implementation of the outcomes of the review of protective security strategies for Australian office holders and diplomatic and consular missions will be a priority for the Department in 2004-05.

Planning for the Melbourne 2006 Commonwealth Games (M2006) will escalate with the development of detailed plans and provision of a full-time security adviser from the Department to the M2006 Task Force in DCITA. The Department will also provide an officer to work full-time with the Victoria Police on Games security from January 2005.

The Asia-Pacific Economic Cooperation (APEC) meetings to be held in Australia in 2007 will involve numerous high-level meetings over the whole year. It will culminate in the Leader's Summit. This will present significant security coordination challenges for the Australian Government. The Department will coordinate security for the event.

The acquisition of 10 new Australian-built armoured vehicles will improve the protective arrangements for visiting dignitaries. The first of the vehicles will be delivered in late 2004.

The Department is managing a project for the NCTC to provide eight Remote Positioning Vehicles (RPVs) as a replacement for the existing and ageing Echidna RPVs in each jurisdiction. These vehicles will be used to remotely assess improvised explosive devices and improvised chemical, biological or radiological devices. They will also be used for post-blast assessment and other tasks such as remote observation. A restricted tender process was undertaken and a contract for supply of the RPVs is expected to be signed at the end of July 2004. The first of the vehicles should be delivered in December 2004.

On behalf of the NCTC the Department is upgrading the Australian Secure Network (ASNET). ASNET is a secure communications system that provides a vital link between Commonwealth, State and Territory security, law enforcement and intelligence agencies for crisis management and for dignitary protection on a day-to-day basis. The upgrade is continuing and is expected to be finalised by 30 September 2004.

The Department is producing the National guidelines for protecting critical infrastructure from terrorism to ensure national consistency in the protection of Australia's critical infrastructure. The Guidelines are being developed in wide consultation with industry and State and Territory governments and will be submitted to the Council of Australian Governments for endorsement before the end of 2004.

The Department is developing a secure database to facilitate a more comprehensive analysis of the outcomes and lessons learned from counter-terrorism exercises. The database will enhance the design of future exercises and ensure training programs and equipment purchases meet Australia's needs.

Evaluations

The NCTC commissioned an evaluation of progress against the key findings from the National Counter-Terrorism Capability Analysis conducted by Deloitte Consulting in 2002. The Department is managing the review.

In December 2003 a further review of the national counter-terrorism capability began. The RM Company has been engaged to conduct the review. Interviews have been conducted with a wide range of Australian Government departments and agencies with a role in countering terrorism and with all relevant State and Territory agencies. The final review report will be considered by the NCTC at its

December 2004 meeting.

A major review of protective security arrangements for Australian Holders of High Office and Diplomatic and Consular Missions undertaken during the year proposed new strategies for the efficient and effective management of protective security into the future. These strategies are based on technology, physical barriers and mobile patrols to counter the risk of the most likely forms of terrorist attacks. The review will be considered by government in 2004-05.

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Output 2.5: Management and coordination of the delivery of security and guarding services to meet diplomatic, consular and other Commonwealth responsibilities

Performance overview

Output 2.5 is the responsibility of the Protective Security Coordination Centre. Through the Centre, the Department manages and coordinates security and guarding to meet diplomatic, consular and other Commonwealth responsibilities, helping ensure coordinated federal criminal justice, security and emergency management activity for a safer Australia.

Guarding provides a visible deterrent, an ability to detect intruders and a timely response to any security incident that may arise at protected premises. It can range from static posts to perimeter patrols of premises by foot or vehicle and general patrolling of a designated area.

External events, including the war on terrorism, the attacks in Madrid and the general heightened world security environment, meant a continuation of relatively high levels of protective security managed and coordinated by the Department during 2003-04. Security had to be provided to a number of Australian office holders and the diplomatic and consular communities Australia-wide.

The relatively high level of demand for protective security stabilised during the latter half of last year. It is now at a comparatively constant level following the turbulence after the 11 September 2001 terrorist attacks in the United States and the Bali bombings of 12 October 2002.

The overall numbers of visits by foreign dignitaries to Australia declined in 2003-04, but the changed security environment presented new challenges. Expectations of foreign security services, who often interpreted the security environment differently from Australian agencies, have increased. There is a general expectation of more security for a wider range of dignitaries, including senior officials, and an increase in the number of foreign security officers travelling with dignitaries.

Performance measures

No security failure attributed to the Protective Security Coordination Centre

The Department provided a level of protective security and guarding services commensurate with the assessed level of risk. This ensured that Australia met its obligations under the Vienna Convention for the protection of diplomatic and consular missions as well as providing protection for Australian office holders.

There were no significant security incidents in 2003-04 that resulted in injuries to protected persons or significant damage to property.

Level of guarding is commensurate with the level of threat and risk

The provision of protective security services, including guarding, is based on the assessed level of risk. It is decided through a consultative process managed by the Department and involves Australian Government agencies with security responsibilities. They include the Australian Federal Police (AFP), the Australian Security and Intelligence Organisation (ASIO), the Department of Foreign Affairs and Trade (DFAT) and the Department of the Prime Minister and Cabinet (PM&C).

This collaborative risk management approach ensured the effective use of finite resources and reduced the application of excessive security measures. The level of guarding for protected premises during 2003-04 was consistently monitored and adjusted when warranted.

The AFP Protective Service (AFPPS) was employed to provide the bulk of guarding services on a fee-for-service basis. State or Territory police provided guarding services where the AFPPS was unable to meet requirements. Private sector guards were employed at less sensitive locations.

Evaluation

A comprehensive review of the adequacy of protective security strategies for Holders of High Office and diplomatic and consular missions was completed in 2003-04 by Mr David Sadleir, former Director-General of ASIO. The review recommended a flexible strategy based on intelligence-driven risk assessments and one that used a combination of technology, physical barriers and mobile patrols to counter the likely forms of terrorist attack. The Government will consider the review and its recommendations in early 2004-05.

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Date Created: Monday, 8 November 2004
Last Modified: Monday, 18 July 2011
Authorised By: Branch Head, Strategic Communication Branch
Maintainer: Strategic Communication Branch