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Annual Report 2006-07 Part 5 - Appendixes

1. Reporting arrangements for elements in the Attorney-General’s portfolio
2. Freedom of information matters
3. Service charters
4. Consultancy services
5. Advertising and market research
6. Legal services expenditure
7. Staffing profile
8. Staff achievements
9. Occupational health and safety
10. Commonwealth Disability Strategy
11. Extradition, mutual assistance and criminal justice certificates
12. The International Criminal Court Act 2002

Appendix 1

Reporting arrangements in the Attorney-General’s portfolio

Key

A Although resourced by the Attorney-General’s Department, the Solicitor-General is independent of the Department. The Solicitor-General does not report formally to Parliament.

B Separate reports from these bodies are tabled in Parliament.

C Reports on activities covered by the annual report on administration and activities of national common police services.

D Administrative support for these tribunals is provided by the various Federal Court registries. Information about these bodies can be found in the annual report of the Federal Court of Australia.

E The Attorney-General is required by sub-paragraph 12(1)(d) of the Bankruptcy Act 1966 to report to Parliament on the operation of the Act.

* Will report with the Classification Board and the Classification Review Board for 2006–07. It will report as part of the Attorney-General’s Department from 1 July 2007.

Appendix 2

Freedom of information matters

Functional statements for the Attorney-General’s Department and some portfolio agencies

This functional statement is published to meet the requirements of section 8 of the Freedom of Information Act 1982 (the FOI Act).

The Department’s statement is set out below, followed by those of the Copyright Tribunal, Solicitor-General and Defence Force Discipline Appeal Tribunal (none of which publishes its own annual report). Agencies publishing their own annual reports are listed at Appendix 1. FOI statistics for the Department and all portfolio agencies are set out in the Attorney-General’s annual report to the Parliament on the operation of the FOI Act, which is accessible at <www.ag.gov.au/foi>.

Attorney-General’s Department

Establishment

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

Organisation

The organisation chart (Figure 1) shows the structure of the Department.

Functions

The broad functions of the Department are described in Chapter 3. Legislation administered by the Attorney-General is published in the Administrative Arrangements Order, which is available at <www.pmc.gov.au/docs/aao.cfm>.

Arrangements for outside participation in policy development

A variety of bodies, through their association with the Department, facilitate participation by persons or bodies outside the Commonwealth administration, in the policy making functions of the Department or in its administration of various schemes and enactments. Examples of such bodies are:

Accessible Public Transport National Advisory Committee

Administrative Review Council

Admiralty Rules Committee

Anti-Money Laundering Assistance Team Strategic Priorities Reference Group

Anti-Money Laundering Council

Attorney-General’s Non-Government Organisation on Domestic Human Rights (25 peak human rights bodies)

Australasian Centre for Policing Research

Australia–New Zealand Crime Prevention Senior Officers’ Group

Australian Bureau of Statistics

Australian Federation of Disability Organisations

Australian Institute of Criminology Board of Management

Australian Institute of Family Studies

Australasian Institute of Judicial Administration

Australian National Council on Drugs

Banking and Finance Infrastructure Assurance Advisory Group

Biannual Ministerial Meeting with Financial Institutions

Board of the Australian Crime Commission

Building Access Policy Committee

Business–Government Advisory Group on National Security

Catholic Social Services Australia

CIP Futures Expert Advisory Group

Classification Board

Classification Review Board

Corrective Services Ministers Conference and its Senior Officers’ Group

Criminology Research Council

CrimTrac Board of Management

Critical Infrastructure Advisory Council

Emergency Management Infrastructure Assurance Advisory Group

Family Law Council

Family Services Australia

Firearms Policy Working Group

Interception Consultative Committee

Intergovernmental Committee on Drugs

Intergovernmental Committee on the Australian Crime Commission

International Legal Services Advisory Council

Law Council of Australia

Law Enforcement Advisory Committee

Mass Gatherings Infrastructure Assurance Advisory Group

Ministerial Advisory Committee on AIDS, Sexual Health and Hepatitis

Ministerial Advisory Group on Money Laundering

Ministerial Council for Police and Emergency Management (previously the Australasian Police Ministers’ Council)—and its Senior Officers Group

Ministerial Council on Drug Strategy

Model Criminal Law Officers Committee

National Aboriginal Justice Advisory Committee

National Alternative Dispute Resolution Advisory Council

National Committee for Critical Infrastructure Protection

National Community Crime Prevention Advisory Group

National Community Crime Prevention Advisory Group for the Greater Western Sydney Region

National Corrective Services Statistics Unit Board and Advisory Group

National Crime Statistics Unit Board and Advisory Group

National Criminal Courts Statistics Unit Board and Advisory Group

National Drug Law Enforcement Research Fund

National Identity Security Coordination Group

National Inhalant Abuse Taskforce

National Judicial College of Australia

National Legal Aid

National Motor Vehicle Theft Reduction Council

National Pro Bono Resource Centre

National Working Group on the Prevention of the Diversion of Precursor Chemicals into Illicit Drug Manufacture

Native Title Consultative Forum

Personal Property Securities Review Consultative Group

Relationships Australia

Sporting Shooters and Firearms Advisory Council

Standing Committee of Attorneys-General

Water Services Infrastructure Assurance Advisory Group

Categories of documents held by the Department

The following categories of documents are held by the Department:

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

Facilities for obtaining access to documents held by the Department

Many documents held by the Department are available free of charge upon request. Others are publicly available for purchase.

Subject to certain exceptions, the FOI Act also provides persons with a legally enforceable right of access to documents held by the Department.

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

The Director
Freedom of Information Section
Attorney-General’s Department
Robert Garran Offices
National Circuit
BARTON ACT 2600

Phone: (02) 6250 5693
Fax: (02) 6250 5908

Copyright Tribunal of Australia

Establishment

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

Organisation

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

Functions

The jurisdiction of the Tribunal can be summarised as follows:

• to hear and determine applications for the granting of licences under licensing schemes
• to arbitrate disputes in relation to the terms of existing and proposed licensing schemes to fix the amounts of royalties or equitable remuneration payable under compulsory licences, and
• to make ancillary orders with respect to the operation of compulsory licensing schemes.

Categories of documents held by the Tribunal

The Tribunal maintains the following categories of documents:

• documents relating to matters heard by, or applications or references to, the Tribunal, including applications and supporting documents and copies of decisions
• a register of matters coming before the Tribunal
• documents concerning administrative and financial aspects of the Tribunal’s operation
• general correspondence
• documents filed with the Tribunal, and
• copies of the reasons of the Tribunal.

Facilities for obtaining access to documents held by the Tribunal

Enquiries and requests to obtain access to documents held by the Tribunal should be forwarded to:

The Registrar
Copyright Tribunal
Level 16
Law Courts Building
Queens Square
SYDNEY NSW 2000

Phone: (02) 9230 8567
Fax: (02) 9230 8535

Solicitor-General

Establishment

The office of Solicitor-General was established under the Law Officers Act 1964.

Organisation

The Solicitor-General is the Second Law Officer of the Commonwealth (the Attorney-General is the First Law Officer).

The Solicitor-General is a holder of public office to whom administrative services are provided by the Attorney-General’s Department.

Functions

The Law Officers Act sets out the functions of the office, which include acting as counsel for the Commonwealth, giving opinions on questions of law to the Attorney-General, and carrying out such other functions, ordinarily performed by counsel, as the Attorney-General requests.

Categories of documents

The Solicitor-General maintains the following categories of documents:

• briefs, working notes, papers and advices for litigious and non-litigious matters
• correspondence, reports and minutes relating to the Special Committee of Solicitors-General
• correspondence, reports and minutes relating to the Hague Conference on Private International Law, and
• miscellaneous papers, correspondence, and reports.

Facilities for obtaining access to documents

Enquiries and requests to obtain access to documents should be directed to:

Director
Freedom of Information Section
Attorney-General’s Department
Robert Garran Offices
National Circuit
BARTON ACT 2600

Phone: (02) 6250 5693
Fax: (02) 6250 5908

Defence Force Discipline Appeal Tribunal

Establishment

The Defence Force Discipline Appeal Tribunal was established under the Defence Force Discipline Appeals Act 1955.

Organisation

The Tribunal consists of a President, Deputy President and members. It has a Registrar and Deputy Registrars as required. The principal office of the Tribunal is located in Canberra.

Functions

The Tribunal is empowered to hear and determine appeals by persons who have been convicted of a service offence by a court martial or a Defence Force Magistrate under the Defence Force Discipline Act 1982 or acquitted on the ground of unsoundness of mind. Subject to the reference of questions of law to the Federal Court of Australia, the Tribunal’s determination is final.

Categories of documents held by the Tribunal

The Tribunal maintains the following categories of documents:

• documents in respect of a particular proceeding, transcript of the hearing, the Tribunal’s reasons for the decision, the decision, and general correspondence relating to the proceeding
• documents concerning procedures before the Tribunal
• documents concerning administrative and financial aspects of the Tribunal’s operation, and
• general correspondence.

Facilities for obtaining access to documents held by the Tribunal

Enquiries and requests to obtain access to documents held by the Tribunal should be forwarded to:

Federal Court of Australia
Registry (ACT)
1st Floor
Commonwealth Law Courts Building
Childers Street
CANBERRA ACT 2600

Phone: (02) 6267 0566
Fax: (02) 6267 0625

Appendix 3

Service charters

The Attorney-General’s Department Service Charter and associated complaints handling policy have been in operation since June 1998. The Department’s charter is supplemented by charters covering International Child Abduction, Child Support and Civil Procedure (ICACSCP) and the Trade Measures Review Secretariat (TMRS).

Apart from the departmental areas covered by their own specific service charter, the Attorney-General’s Department has limited direct dealings with members of the public. The Department serves the Government, and through it, the people of Australia.

The departmental and ICACSCP charters can be viewed on the Department’s home page at <http://www.ag.gov.au>. The TMRS charter can be viewed at <http://www.ag.gov.au/tmro>. All charters of the Department are available to clients in hard copy.

The following table sets out the customer service standards contained in each charter and the extent to which they were met during 2006–07.

Table 10: Compliance with customer service standards, 2006–07

* Information relating to these performance standards (including complaints data, compliments, and feedback from staff/client focus groups and surveys) indicates that they are being maintained.

Clients of the Department and those of the ICACSCP and TMRS can make a complaint or provide feedback in writing, via email, by telephone or in person. Staff of the Department, whenever possible, are encouraged to resolve complaints immediately. In those instances where a resolution cannot be reached at the time of the complaint, the complaint systems for all three charters require the recording of the following information for investigation and appropriate action:

• the Division and officer receiving the complaint
• the date of the complaint
• the complainant’s name, address and contact number
• how the complaint was made
• the resolution/decision
• how the complainant was notified of the resolution/decision and date
• review of the decision (if required)
• decision/comments/remedial action
• reviewing officer’s name and title, and
• appeal rights advised (yes/no).

Appendix 4

Consultancy services

Policy on selection and engagement of consultants

Contracting for a consultancy service is a prominent activity no different in principle from the procurement of other goods and services. The requirements of the Commonwealth procurement guidelines and the Chief Executive’s Instructions are relevant. Additionally, the Departmental policy requires that the agreement of the Secretary is required for all services of $20,000 or more.

Consultancy services are a particular type of service delivered under a contract for services. They are distinguished from other contracts for services by the nature of the work performed. A consultant, whether an individual, a partnership or a corporation, is engaged to provide professional independent and expert advice or services. Typically, the term consultancy services is used to describe the application of expert professional skills to express an original concept; investigate or diagnose a defined issue or problem; carry out defined research, reviews or evaluations; or provide independent advice, information or creative solutions to assist the agency in management decision making.

The Department’s consultancies have been identified using the Department of Finance and Administration’s document titled Guidance on identifying consultancies for annual report purposes.

Details of contractors—for example those engaged through employment agencies for short-term relief or other purposes—are not included in this report.

In accordance with the Requirements for annual reports for departments, executive agencies and FMA Act bodies, detailed information relating to new consultancy contracts to the value of $10,000 or more (inclusive of GST) is provided in Table 11.

Summary statement

During 2006–07, 41 new consultancy contracts were entered into, involving total actual expenditure of $1,901,005 In addition, 13 ongoing consultancy contracts were active during the year, involving total actual expenditure of $838,267.

Table 11: Consultancy services let during 2006–07, to the value of $10,000 or more

# Indicates actual expenditure as no fixed contract price or payment exceeded agreed contract price.

Change Corporation

Mark Terence Trowell

Sue Sheridan

Additional travel costs were not included in these contracts.

Tanner James Management Consultants Pty Ltd

An internal delay resulted in an additional day being required to fulfil this consultancy.

* Indicates consultancy reported in the division/office ‘Advertising and market research’ return.

1 Explanation of selection process terms:

Open tender: A request for tender is published widely and all submissions received before the deadline are accepted from any potential suppliers who satisfy the conditions for participation.

Select tender: An invitation to tender is issued to potential suppliers from a short list.

Direct sourcing: A form of restricted tendering in which an agency may invite a potential supplier or suppliers of its choice to make a submission because of their expertise and/or their special ability to supply the goods and/or services sought.

Panel: An invitation to tender is issued to a panel of potential suppliers (who have pre-qualified) established by the agency to supply to the government.

2 Justification for decision to use consultancy:

A—skills currently unavailable within agency

B—need for specialised or professional skills

C—need for independent research or assessment

Appendix 5

Advertising and market research

Under section 311A of the Commonwealth Electoral Act 1918 the Department is required to disclose payments of $10,300 or more (inclusive of GST) to specific types of organisations. These organisations are advertising agencies, market research organisations, polling organisations, media advertising organisations, and direct mail organisations. There were no payments during 2006–07 to direct mail organisations or polling organisations. Details of payments to the other categories of organisations are set out below.

Table 12: Payments to advertising, market research and other designated organisations

* Indicates Advertising and Market Research entry reported in the Division/Office return on Consultants.

Key

a Paid to a creative advertising agency to develop advertising campaign.

b Paid to a market research organisation.

c Paid to a media advertising organisation for placing government advertising (both campaign and non-campaign) in the media.

Appendix 6

Legal services expenditure

All departments and agencies are required, under paragraph 11.1(ba) of the Legal Services Directions 2005, to report on their legal services expenditure each financial year. A breakdown of the Department’s expenditure for 2006–07 is set out below, along with the previous year’s data for comparison.

All expenditure figures include GST.

1 These figures exclude amounts of legal services expenditure relating to the Hague Convention on the Civil Aspects of International Child Abduction, the United Nations Convention on the Recovery Abroad of Maintenance and international obligations under various bilateral maintenance arrangements. These are recorded separately because they do not constitute the purchase of legal services by the Department for itself. Rather, they arise because the Department pays for legal services that benefit other parties as a result of obligations under international agreements.

2 The Department does not have a separate internal legal services branch. Within the Department, there are units that provide both internal and external services, principally the Office of International Law, the Office of Legislative Drafting and Publishing, and the Counsel assisting the Solicitor-General. Legal services are provided at no cost to the areas of the Department receiving the services. There is no billing arrangement for internal legal services, and separate records are not kept about this expenditure. These expenses are treated as part of the aggregate of staffing costs for the Department.

An estimate of the cost of internal legal services has been derived from an assessment of the number of staff involved in providing internal legal services and the proportion of their time involved in providing those services. The staff of the Office of International Law devoted to providing internal legal services are the full-time equivalent of 0.5 of an APS Level 3, 0.5 Legal Officer (1.0 in 2005–06), 1.0 Senior Legal Officer, 0.5 Principal Legal Officer (1.0 in 2005–06) and 0.5 of an SES Officer (0.75 in 2005–06). The staff of the Office of Legislative Drafting and Publishing devoted to providing internal legal services are the full-time equivalent of 0.2 of a Legal Officer, 1.0 Senior Legal Officer, 0.4 (0.5 in 2005–06) of a Principal Legal Officer and 0.1 of an SES Officer. 0.5 full-time equivalent of the Counsel assisting the Solicitor-General (a Principal Legal Officer) is devoted to providing legal services to the Department. Internal legal services that may be provided from time to time by other areas of the Department are not sufficiently material to enable separate costing.

The cost of internal legal services was then estimated based on salary levels for these positions and increased by a factor reflecting typical staffing and other overheads within the Department.

By this method, it is estimated that the Department’s internal legal services expenditure was approximately $1.191 million in 2006–07 and $1.04 million in 2005–06. In addition, in 2005–06 internal legal services in relation to commercial law issues were provided by an officer seconded from the Australian Government Solicitor at a cost of $46,573.

The costs of the Solicitor-General (including salary) are also met by the Department.

Appendix 7

Staffing profile

The tables on the following pages show staffing details for the Department at 30 June 2006 and at 30 June 2007 by each classification level.

Table 14 provides a breakdown of staff in full-time equivalent terms at 30 June 2006 by location (region), classification category and gender. It includes all staff employed by the Department under the Public Service Act 1999—that is, ongoing, non-ongoing, full-time and part-time. Part-time staff are shown as full-time equivalents (FTE). Table 16 gives information similar to that shown in Table 14, for each classification level, at 30 June 2007.

Table 15 shows staff numbers at 30 June 2006 by classification category, gender, and employment category and status. It shows head count numbers—that is, part-time staff are shown as the number of people employed, not full-time equivalents. Table 17 gives information similar to that shown in Table 15, for each classification level, at 30 June 2007.

For the purposes of these tables, part-time staff are defined as staff members who work less than the standard hours per week (standard hours being 37 hours 30 minutes).

Only those staff whose salaries were paid by the Department are counted for the purposes of these tables. Staff on leave without pay and contractors are not counted.

Irregular or intermittent (casual) staff, numbering 46 at 30 June 2006, and 34 at 30 June 2007, are not recorded in these tables.

Table 13: Staffing by location (region), classification and gender—paid staff (full-time equivalent—includes ongoing, non-ongoing, full-time and part-time) as at 30 June 2006

Table 14: Staffing by classification, gender, employment category and employment status—paid staff (head count) as at 30 June 2006

Table 15: Staffing by location (region), classification and gender—paid staff (full-time equivalent—includes ongoing, non-ongoing, full-time and part-time)
as at 30 June 2007

Table 16: Staffing by classification, gender, employment category and employment status—paid staff (head count) as at 30 June 2007

Appendix 8

Staff achievements

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

Both individuals and staff teams were recognised for their outstanding professional contribution in 2006. The Secretary reflected on the commitment and professionalism of not only the recipients but also the Department as a whole and noted the wide range of skills and expertise available among AGD staff.

The departmental awards are:

• Secretary’s Award
• Deputy Secretaries’ and General Managers’ Awards, and
• Australia Day Achievement Awards.

Individual divisions and offices administer less formal recognition awards within the Department. A number of these awards were presented during this reporting period.

Recipients of awards for 2006–07 and noteworthy achievements follow:

Public Service Medal

Helen Daniels, Assistant Secretary of the Copyright Law Branch, was awarded the Public Service Medal in the Queen’s Birthday Honours announced on 11 June 2007. The award was for outstanding public service in implementing the Australian Government’s copyright reform agenda.

Secretary’s Award 2006

Alison Playford, Assistant Secretary of the Administrative Law and Civil Procedure Branch, received the Secretary’s Award 2006 in recognition of her outstanding role and leadership in the development of the major family law reforms: the Family Law Amendment (Shared Parental Responsibility) Act 2006.

Deputy Secretaries’ Awards 2006

National Security and Criminal Justice Group, Deputy Secretary’s Award

Karen Horsfall and Kirsten Kobus—for the high level of dedication and professionalism, over and above that required to achieve the business goals of the Department, that was demonstrated in delivering on the Council of Australian Government legislative counter-terrorism response to the London bombings of July 2005.

Civil Justice and Legal Services Group, Deputy Secretary’s Award

Cathy Rainsford—in recognition of her outstanding role in the implementation of the new family law system, in particular in overall project management and planning and in managing the development of a call management system for the new Family Relationship Advice Line.

General Managers’ Award 2006

Corporate Services

Natalie Marsh—in recognition of her outstanding role and leadership in managing the Department’s Graduate Program over many years.

Australia Day Achievement Awards

Rachel Antone, Freedom of Information Unit—for professionalism and dedication in achieving exceptional outcomes for the Department.

Alex Boland-Bondarenko, Emergency Management Australia—for outstanding service as the NEMCC Preparedness Officer, particularly in response to emergencies in 2006, including the Yogyakarta earthquake, Tropical Cyclone Larry, civil unrest in Timor-Leste and the bushfires in Victoria.

Sharyn Crozier, Civil Justice Division—for responsibility and commitment in managing the high volume of family law ministerials in the first half of 2006.

Tony D’Amico, Information and Communications Technology—for leadership and project management skills for the provision of IT support and services for the Centenary House Inquiry and Oil-for-Food Inquiry.

Kirsti Haipola, Information Law and Human Rights—for demonstrated high levels of professionalism and commitment to the implementation of copyright treaty obligations.

Anita Mackay, Civil Justice Division—for organising the 2006 Civil Justice and Legal Services Group Summer Clerks program including the selection process, induction program and placements.

Kathy Mildren, Emergency Management Australia—for professionalism and dedication to duty in the successful administration of the ‘Working Together to Manage Emergencies’ initiative.

Jeff Murphy, Criminal Justice Division—for exemplary dedication and contribution to developing the Government’s response to the Cole Commission of Inquiry Report.

Megan Rowe, Property Team—in recognition of professionalism and dedication in achieving exceptional outcomes for the Department.

George Sanderson, Ministerial and Parliamentary Services—in recognition of professionalism and dedication in achieving exceptional outcomes for the Department.

Geoff Skillen, Office of International Law—for outstanding work and dedication in the provision of advice and guidance to the Government on international law.

Leith Watson, Criminal Justice Division—for exemplary project management skills in the development of the National Clandestine Laboratory Database.

Maia Ablett, Julia Galluccio, Tamsyn Harvey, Kirsten Law, Legislation, Scrutiny and International Team—for professionalism, dedication and teamwork in the development of reforms to the native title system.

Jacqueline Aumann, Anna Chisholm, Daniel Gleeson, Chantel Myers, Caroline Rebaque, Ruth Treyde, Family Law Reforms Community Education Team—for outstanding work on the development and implementation of Phase One of the Family Law Reform community education campaign.

Serena Beresford-Wylie, Jing-Ting Chan, Jeanette Daniel, Simon Hine, Glenda Kelly, Fermin Lopez, Cathy Rainsford, Angela Tsongas, Family Relationship Advice Line and Online Team—for outstanding work and dedication to the development of the Family Relationship Advice Line and Family Relationships Online.

Danny Bondarenko, Mark Goldsby, Support Services Maintenance and Removals Team—for always providing prompt moving and fixing assistance—with good will and good humour.

Melanie Brocklehurst, Matt Hall, Preparation of New Policy Proposals for 2007–08 Team—for outstanding services to the Civil Justice and Legal Services Group in the preparation of new policy proposals for the 2007–08 Budget cycle.

Maryann Brooke, Sonya Davidson, Maria Messner, Pascal Michaux, Kate Wilson, Veronica Zelenika, Wanlin Zhang, Legal Aid Program Section—for contributing to the development and implementation of the Legal Aid Reporting Initiative.

Sonia Burton, Mark Canning, Myfanwy Edwards, Julia Felton, Niluka Jayasinghe, Sonya Kim, Michael Piotrowicz, Felicity Richmond, Kerry Veness, Indigenous Legal Aid Section—for the timely and efficient management of the national Indigenous legal aid tender.

Mark Canning, Anthony Heiser, Michael King, Geoffrey McDougall, David O’Brien, Heather Prostimo, Legal Services Tender Evaluation Team—for exceptional service in contributing to the intensive evaluation of legal services tenders with a long-term, whole-of-department focus while also continuing to perform their usual duties.

Diana Ferry, Siw Wittkopf, Carolyn Wolfenden, Commonwealth Games Team—for professionalism and dedication in coordinating security arrangements to achieve a safe and secure Melbourne 2006 Commonwealth Games.

Lani Gibbins, Lisa O’Connell, Jessica Robinson, Kate Tubridy, Andrew Walter, Extradition and Mutual Assistance Review Team—for excellent work developing policy reforms for the Extradition and Mutual Assistance Reviews.

Maka Kama, Helen Knight, Judi McNaughton, Paul Seymour, Kathy Voudouris, Internet Redevelopment Project Team—in recognition of the Internet Redevelopment Project Team’s dedication, professionalism and the successful redevelopment and deployment of the Department’s Internet site.

Other awards

Trevor Clement, Emergency Management Australia—was presented with a special Award Certificate from the Prime Minister, The Hon John Howard, MP, and The Hon Peter Beattie, MP, Premier of Queensland, for outstanding leadership during the response to Tropical Cyclone Larry.

Malcolm Purcell, Emergency Management Australia—received a commendation from Mr Tony Pearce, Director General of EMA, for outstanding contribution to the success of the Australian Government response to the Dili Harbour hazardous materials emergency.

Peter Arnold, Joelene Azzopardi, Alex Bondarenko, Lauren Cappello, Peter Channells, Elizabeth Cotsell, Kim Fitzgerald, James Gustus, David Imhoff, Trevor Jenner, Janelle Keyes, Stephanie King, Tina Liakatos, Paul McAlonan, Sally McKay, Scott Milne, Malcolm Purcell, Justine Rixon, Matthew Smith, Caroline Thompson, Peter Willett, Diana Williams, Alastair Wilson, Emergency Management Australia—were acknowledged for their involvement in the response to Tropical Cyclone Larry. At a special award ceremony, the Attorney-General, the Hon Philip Ruddock, MP, and the Secretary of the Attorney-General’s Department, Mr Robert Cornall AO, presented awards from the Prime Minister, the Hon John Howard, MP, and from the Hon Peter Beattie MP, Premier of Queensland. All recipients were also presented with commendations from Mr Tony Pearce, Director-General of EMA.

Suzie Brady, Michele Hendrie and Justine O’Brien, Public Affairs Branch, Corporate Services Group—were presented with a Commendation Award certificate and Cyclone Larry Relief Pin.

Cathy Rossiter, Protective Security Coordination Centre—received the Attorney-General’s Department Women’s Network Award 2006–07 for dedication to achieving excellence across disparate and challenging subject areas while at the same time contributing to the departmental community and wider community through mentoring and charity work.

Appendix 9

Occupational health and safety

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

The Department, in consultation with employees, has developed five written health and safety management arrangements to assist with the ongoing management of occupational health and safety (OH&S):

1. OH&S policy statement

2. Health and Safety Committee membership and operational guidelines

3. designated work group guidelines

4. health and safety representatives’ guidelines and templates, and

5. health and safety dispute resolution guidelines.

The Occupational Health and Safety Committee met on a quarterly basis during the year, and the minutes of its meetings were made available to staff. Five new health and safety representatives were appointed to the Committee during 2006–07.

Reporting requirements under the Act

Outcomes for 2006–07

We continued to conduct regular workplace inspections throughout 2006–07. Reports were provided to division heads outlining recommendations and improvements. There was continual improvement across the Department, with divisions displaying an ongoing commitment to eliminating OH&S hazards. Staff awareness of OH&S has increased, resulting in improved prevention of, and early intervention for, workplace injuries and illnesses.

Major activities completed in 2006–07 included:

• OH&S inspections: A program of regular workplace safety inspections was continued to ensure compliance with legislation and identify areas for improvement.
• OH&S training and induction: Interactive OH&S presentations informing employees of recent and significant changes to both OH&S and workers’ compensation arrangements within the Commonwealth jurisdiction were delivered during May and June. Training for health and safety representatives, first aid officers and fire wardens was also provided.
• Staff survey: The Department carried out a work and wellbeing survey in May 2005. A follow-up to that survey was conducted during 2006–07. It showed a noticeable improvement in the leadership and cultural behaviours that underpin staff wellbeing and service delivery. It is anticipated that another survey will be conducted during 2007–08.
• Comcare premium: We received a bonus of $139,131 in respect of the 2006–07 premium due to a better than expected performance in injury management, incident reporting, risk management and safety training during 2006–07.
• Employee Assistance Program: The Employee Assistance Program continued to be provided during 2006–07. The program provides employees with confidential and professional counselling services to assist with resolving work and other issues that may impact on their work performance.

Appendix 10

Commonwealth Disability Strategy

Policy adviser role

Performance indicator # 1

Performance indicator # 2

Performance indicator # 3

* Accessible formats include electronic formats such as ASCII (or .txt) files and html for the Web. Non-electronic accessible formats include Braille, audiocassette, large print and easy English. Other ways of making information accessible include video captioning and Auslan interpreters.

Employer role

Performance indicator # 1

Performance indicator # 2

* Accessible electronic formats include ASCII (or .txt) files and html for the Web. Non-electronic accessible formats include Braille, audiocassette, large print and easy English. Other ways of making information accessible include video captioning and Auslan interpreters.

Performance indicator # 3

Performance indicator # 4

Performance indicator # 5

Performance indicator # 6

Appendix 11

Extradition, mutual assistance and criminal justice certificates

Extradition matters dealt with in 2006–07 or continuing as at 30 June 2007

Extradition requests made by Australia

The following countries granted Australian extradition requests:

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

People were surrendered for the following major categories of offences:

The following countries were still considering requests:

Extradition requests made to Australia

Australia granted extradition requests made by the following countries:

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

Note: Four of the eight people surrendered consented to being returned to the requesting country.

Australia was still considering requests made by the following countries:

People were surrendered for the following major categories of offences:

Note: Extradition requests vary considerably in complexity and the time it takes to resolve them. The complexity of an extradition request depends on the alleged criminal offence or offences and the alleged criminal conduct underlying the offences. The time taken to resolve an extradition request can vary from a few years, if a fugitive wishes to contest extradition and exercise all appeals, to a few months if a fugitive consents to extradition.

Mutual assistance matters dealt with in 2006–07 or continuing as at 30 June 2007

Mutual assistance in criminal matters requests made by Australia

* In 2006–07, the mutual assistance database was upgraded. The database records 270 requests carried forward from 2005–06. This is a small discrepancy of two requests between the figure reported above and the figure of 268 reported in 2005–06.

Requests by Australia for mutual assistance to the following countries were finalised in 2006–07:

The types of assistance requested by Australia in finalised matters can be categorised as follows:*

* Only the primary type of assistance provided is listed.

Mutual assistance in criminal matters requests made to Australia

* In 2006–07, the mutual assistance database was upgraded. The database records 249 requests carried forward from 2005–06. This is a small discrepancy of four requests between the figure reported above and the figure of 245 reported in 2005–06.

Australia finalised requests for mutual assistance in criminal matters from the following countries in 2006–07:

The types of assistance requested in mutual assistance requests to Australia
can be categorised as follows:*

* Only the primary type of assistance provided is listed.

Mutual assistance in business regulation requests made to Australia

In September 2006, the administration of the Mutual Assistance in Business Regulation Act 1992 was transferred to the Department of the Treasury. Treasury will now administer mutual assistance in business regulation requests made to Australia.

International war crimes

There was one new request for assistance from the International War Crimes Tribunal for the former Yugoslavia in The Hague during 2006–07. This request was finalised.

There were no new requests from the International Criminal Court. One request carried forward from 2005–06 was finalised.

There were no cases on hand concerning the International War Crimes Tribunal for Rwanda or the Special Court for Sierra Leone.

Criminal justice certificates dealt with in 2006–07 or continuing as at 30 June 2007

Criminal justice certificates issued

Criminal justice certificates cancelled§

Criminal justice certificates current as at 30 June 2007

* Commonwealth certificates are issued in relation to proceedings involving Commonwealth offences.

† Criminal justice trafficking stay certificates are issued to suspected victims of people trafficking offences who are assisting with the investigation or prosecution of those offences.

‡ State certificates are issued for proceedings involving State offences. State entry certificates are issued by the relevant State agency, and endorsed by the Australian Attorney-General or his delegate. State stay certificates are issued by the relevant State agency. State entry and State stay certificates may be cancelled by the relevant State agency without notifying the Australian Attorney-General or his delegate.

§ Commonwealth certificates are cancelled by the Australian Attorney-General or his delegate.

Nationalities of persons who hold current Commonwealth criminal justice certificates as at 30 June 2007

Comparative statistics for extradition and mutual assistance cases,
2002–03 to 2006–07

Table 17: Extradition requests made by Australia

Table 18: Extradition requests made to Australia

* During 2005–06, the Extradition Unit developed and implemented a new electronic records and statistical retrieval system to replace the system used in previous reporting periods. This more accurate and comprehensive system identified some discrepancies between opening and closing balances.

Comparative statistics for extradition and mutual assistance cases,
2002–03 to 2006–07

Table 19: Mutual assistance requests made by Australia

Table 20: Mutual assistance requests made to Australia

* The higher figures for mutual assistance requests carried forward in 2003–04 for requests made to and from Australia reflect the practice adopted from 2003–04 of counting supplementary requests as separate requests.

† Past annual reports have distinguished between ‘requests executed’ and ‘requests otherwise completed’. From 2004–05, these two categories have been combined under the single heading of ‘requests finalised’. This category includes all requests for which assistance is no longer sought, including requests completely executed, requests partially executed where the remainder of the assistance is no longer required, and requests withdrawn.

‡ During 2003–04, the Mutual Assistance Unit implemented an electronic records and statistical retrieval database to replace the paper-based system used in previous reporting periods. The database was substantially upgraded in 2006–07.

Comparative statistics for extradition and mutual assistance cases, 2002–03 to 2006–07

Figure 10: Extradition requests made by Australia

Figure 11: Extradition requests made to Australia

* During 2005–06, the Extradition Unit developed and implemented a new electronic records and statistical retrieval system to replace the system used in previous reporting periods. This more accurate and comprehensive system identified some discrepancies between opening and closing balances.

Comparative statistics for extradition and mutual assistance cases, 2002–03 to 2006–07

Figure 12: Mutual assistance requests made by Australia

Figure 13: Mutual assistance requests made to Australia

* Past annual reports have distinguished between ‘requests executed’ and ‘requests otherwise completed’. From 2004–05, these two categories have been combined under the single heading of ‘requests finalised’. This category includes all requests for which assistance is no longer sought, including requests completely executed, requests partially executed where the remainder of the assistance is no longer required, and requests withdrawn.

Notes:
The higher figures for mutual assistance requests carried forward in 2003–04 for requests made to and from Australia reflect the practice adopted from 2003–04 of counting supplementary requests as separate requests.

During 2003–04, the Mutual Assistance Unit implemented an electronic records and statistical retrieval database to replace the paper-based system used in previous reporting periods. The database was substantially upgraded in 2006–07.

Appendix 12

The International Criminal Court Act 2002

The International Criminal Court Act 2002

The International Criminal Court Act 2002 (the ICC Act) entered into force on 28 June 2002.

The ICC Act includes an annual reporting requirement under section 189, which adopts recommendation 6 of the Joint Standing Committee on Treaties’ Report 45 on the ratification of the Rome Statute of the International Criminal Court (the ICC Statute). Section 189 provides that the Department must publish each year, as an appendix to the Department’s annual report for that year, a report on the operation of the Act, the operations of the International Criminal Court (the ICC), and the impact of the operations of the ICC on Australia’s legal system.

These reports enable the Australian Parliament to ensure that, in light of the operation and jurisprudential developments of the ICC, it continues to be in Australia’s national interest to remain a Party to the ICC Statute.

Operation of the International Criminal Court Act 2002

The ICC Act establishes mechanisms that facilitate Australia’s compliance with its international obligations under the ICC Statute. It also contains provisions to implement the terms of a declaration that Australia lodged with its ratification. The declaration indicates how Australia will practically give effect to the Statute while fully adhering to its obligations. The declaration protects Australian sovereignty by:

• reaffirming the primacy of Australian criminal jurisdiction in relation to crimes within the ICC’s jurisdiction
• declaring that no person can be arrested on a warrant issued by the ICC or surrendered to the ICC without the consent of the Attorney-General, and
• declaring Australia’s understanding that offences under the Statute will be interpreted and applied in a way that accords with the way they are implemented in Australian law.

The Parliament enacted amendments to the Criminal Code Act 1995 in 2002 to ensure that all crimes set out in the ICC Statute are also crimes in Australian domestic law. The ICC has jurisdiction only if national courts are unwilling or unable to genuinely investigate or prosecute a case. The amendments ensure that Australia will always be able to investigate or prosecute ICC crimes if necessary, thereby guaranteeing that Australia will retain primary jurisdiction over all such crimes committed on Australian territory or by Australian citizens.

Operation of the International Criminal Court

The ICC Statute was adopted and opened for signature and ratification on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. The Statute entered into force generally on 1 July 2002. As at 20 June 2007, there are 104 Parties and 139 signatories to the ICC Statute. Australia signed the Statute on 9 December 1998 and ratified the Statute on 1 July 2002. The Statute entered into force for Australia on 1 September 2002.

The entry into force generally of the ICC Statute established the first permanent international court capable of investigating and prosecuting the most serious crimes of international concern. The ICC fills a legal vacuum that could otherwise prevent the prosecution of egregious crimes due to a lack of judicial infrastructure or political will. The ICC is physically located in The Hague, the Netherlands.

The ICC’s jurisdiction is limited to the crimes of genocide, crimes against humanity and war crimes. The ICC jurisdiction is further limited to crimes committed after the ICC Statute’s entry into force on 1 July 2002. All crimes over which the ICC has jurisdiction are strictly defined in the ICC Statute. The definitions reflect international law that predates the Court’s existence.

No new crime can be added to the ICC’s jurisdiction until seven years after the Statute’s entry into force (1 July 2009). No new crime will apply to acts done in the territory of, or by citizens of, a State Party that has not ratified that crime. The only new crime currently being contemplated is the crime of aggression.

A Working Group of States Parties has been discussing possible definitions and other aspects of this crime. An intersessional meeting of the Special Working Group on the Crime of Aggression was held at the Liechtenstein Institute on Self Determination at Princeton University from 11 to 14 June 2007.

Since the entry into force of the ICC Statute, Australia has actively participated in the Assembly of States Parties. Each State Party has one vote in the Assembly. The Assembly’s responsibilities include electing officers of the ICC and providing management oversight of the administration of the Court.

Australia participated in the Fifth Assembly of States Parties held over two sessions from 23 November to 1 December 2006 and 29 January to 1 February 2007, the latter of which was devoted primarily to the special working group on the crime of aggression. The Fifth Assembly’s key achievements included the election of five members to the Board of Directors of the Victims Trust Fund and the approval of a budget of 88.87 million euros for the fifth financial year. Australia also worked with Canada and New Zealand to ensure that the United Nations maximum assessed contribution rate is applied to States Parties’ contributions to the ICC, which facilitated Japan’s decision to accede to the ICC Statute.

The Sixth Assembly of States Parties will take place at the United Nations headquarters from 30 November to 14 December 2007.

The ICC is investigating four situations, one in Uganda at the request of the Ugandan Government (the activities of the Lord’s Resistance Army), one in the Democratic Republic of the Congo (DRC) at the request of the President of the DRC, one in the Darfur region of Sudan at the request of the United Nations Security Council, and one in the Central African Republic (CAR) at the request of the CAR Government.

The prosecution of Thomas Lubanga Dyilo in respect of crimes allegedly committed in the DRC, primarily allegations of recruitment of child soldiers, is under way. The charges against Mr Dyilo were confirmed on 24 January 2007 and he was committed for trial on 29 January 2007.

Arrest warrants have been issued in respect of two persons in the Darfur, Sudan, situation and five persons in the Ugandan situation.

On 22 May 2007, the ICC Prosecutor announced the opening of an investigation in the Central African Republic. The investigation into this situation follows the referral from the CAR Government in December 2004 and a determination by the Office of the Prosector that the jurisdiction, admissibility and interests of justice requirements of the Rome Statute were satisfied.

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

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

As no trials have yet been concluded by the ICC, its operation has had no discernible impact upon Australia’s legal system. The future impact of ICC operations is expected to depend on how many active prosecutions and investigations the ICC undertakes and the number and nature of requests for assistance received by Australia.

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Date Created: Wednesday, 10 October 2007
Last Modified: Tuesday, 19 July 2011
Authorised By: Assistant Secretary, Strategic Communication Branch
Maintainer: Strategic Communication Branch