Chapter Two - Annual reports of statutory authorities
2.1
The following annual reports of statutory authorities
were referred to the Committee:
- Aboriginal
and Torres Strait Islander Services
- Aboriginal
Land Commissioner
- Aboriginal
Legal Rights Movement Inc
- Administrative
Appeals Tribunal
- Administrative
Review Council
- Anindilyakwa
Land Council
- Audio
Visual Copyright Society Limited (Screenrights)
- Australian
Customs Service
- Australian
Government Solicitor
- Australian
Institute of Criminology
and Criminology Research Council
- Australian
Law Reform Commission
- Australian
Security Intelligence Organisation
- Australian
Transaction Reports Analysis Centre (AUSTRAC)
- Central
Queensland Land Council Aboriginal Corporation
- Copyright
Agency Limited
- Commonwealth
Ombudsman
- CrimTrac
Agency
- Director
of Public Prosecutions
- Family
Court of Australia
- Family
Law Council
- Federal
Magistrates Court
- Federal
Police Disciplinary Tribunal
- Goldfields
Land and Sea Council
- Gurang
Land Council (Aboriginal
Corporation)
- High
Court of Australia
- Human
Rights and Equal Opportunity Commission
- Indigenous
Land Corporation
- Industrial
Relations Court of Australia
- Insolvency
and Trustee Service Australia
- Kimberley
Land Council
- National
Native Title Tribunal
- Office
of Film and Literature Classification – Classification Review Board
- Office
of Parliamentary Counsel
- Office
of the Federal Privacy Commissioner
- South-West
Aboriginal Land
and Sea Council Aboriginal Corporation
- Tiwi
Land Council
- Yamatji
Marlpa Barna Baba Maja Aboriginal Corporation
2.2
The Committee has chosen to provide comments on the
following agencies: the Aboriginal and Torres Strait Islander Service; the
Australian Customs Service; the Australian Law Reform Commission; the Federal
Court of Australia; the Goldfields Land
and Sea Council Aboriginal Corporation; and the Tiwi Land Council.
Aboriginal and Torres Strait Islander Services
(ATSIS)
2.3
The CEO's Review advises of the government's intention
that ATSIS be an interim agency and that, as such, it is expected that '2003-04
will be the only full year of ATSIS's operations.'[9] However, the Agency will:
...continue into 2004-05 until passage of the legislation
abolishing ATSIC. At 1 July 2004
the vast majority of its programs will transfer to other departments.[10]
2.4
The Committee notes that the person holding the offices
of CEO of ATSIC and ATSIS had resigned as CEO of ATSIC. This followed advice
from the Australian Government Solicitor that a conflict of interest had been
created by the ATSIC Board's decision to take a case to the High Court challenging
the creation of ATSIS.
2.5
During the reporting period, ATSIS administered
programs that had previously been the responsibility of ATSIC. The programs
with the most significant expenditure included:
- $523M on Community Development Employment
Projects (CDEP). At 30 June 2004 more than 36 000 participants were employed by
approximately 220 CDEP organisations.
- $260M on the Community Housing Infrastructure
Program (CHIP). CHIP was responsible for more than 500 new houses and
renovations to almost 1200 more.
- $56M on the Native Title and Land Rights Program
which was principally responsible for the indigenous aspects of the Australian
Government's native title system. It funded 16 organisations to provide native
title services.[11]
2.6
Recent reassessments of indigenous policy have resulted
in ATSIS developing 'best practice' reforms for funding methodologies and
service provision. ATSIS focused on the following two initiatives, which are to
be implemented in 2004-05:
- Program Funding Agreements. These are designed
to make service delivery organisations more accountable for performance and
achievement of prescribed outcomes, both to the agency providing funds and to
the local community receiving the services.
- The Tendering of Legal Services. This initiative
is designed to get maximum value from funds provided for indigenous legal aid,
to ensure professional and culturally appropriate legal services, to target
services to those most in need, and to provide some consistency in funding
allowing longer term panning.[12]
2.7
The Committee considers the annual report of the
Aboriginal and Torres Strait Islander Services to be "apparently
satisfactory."
Australian Customs Service (ACS)
2.8
The Committee notes the ACS advice that a decision of
the High Court of Australia handed down on 5 September 2003 will 'have
significant implications for the way in which Customs conducts prosecutions'[13] under certain sections of the Customs Act 1901 and the Excise Act 1901. The Court 'held that to
obtain a conviction for the customs and excise offences, the elements of the
offence must be established beyond reasonable doubt (criminal standard of
proof), even where prosecutions are framed as civil actions.'[14]
2.9
The reporting period constitutes the first full
financial year of reporting under the Proceeds
of Crime Act 2002 (Cth). ACS advised that in 2003-04:
... Customs restrained just over $3 million in assets including
cash, a vehicle and a private residence. No assets retrained by Customs under
Proceeds of Crime legislation have progressed to forfeiture at this time.[15]
2.10 The
ACS reported that, over the reporting period, it has been involved in a
whole-of-government assistance package to Papua
New Guinea. The ACS role has been to assist
PNG Customs to develop a long term capacity building plan to develop
improvements in revenue collection, border security and integrity. Assistance
is expected to continue for another three to five years.
2.11 The
ACS received $15 million in funding 'to deploy new travel document readers at
the Primary Line in all Australian International Airports'.[16] The readers allow ACS officers to
identify fraudulent or altered passports through the detection of faults that
are not visible to the human eye.
The new readers were installed in all major international
airports in December 2003 with full functionality implemented in February 2004.
To the end of June 2004, seven fraudulent passports have been detected using
the new readers.[17]
2.12 The
Committee considers the annual report of the Australian Customs Service to be
"apparently satisfactory."
Australian Law Reform Commission (ALRC)
2.13 The
ALRC completed two major inquiries during the reporting period. These were: the
Inquiry into Classified and Security Sensitive Information (tabled in the
Senate on 23 June 2004);
and the Inquiry into Gene Patenting
and Human Health (tabled 16 November
2004).
2.14 The
Committee notes the continued interest generated by the ALRC's report on the
protection of human genetic information.[18]
The ALRC President accepted invitations to speak at a number of prestigious
conferences concerning issues related to the inquiry, including:
- the XIXth International Congress on Genetics,
Melbourne;
- the Einstein Institute for Science Health and
the Courts Conference, Sydney;
- the United States Secretary of Health's Advisory
Committee on Genetics Health and Society, Washington DC; and
- the Genomics and Public Policy Conference,
Ottawa, Canada.[19]
2.15 The
report advises of the recent formation of the Commonwealth Association of Law
Reform Agencies (CALRA) for the purpose of 'promoting the increased exchange of
ideas, information, staff and expertise among the various law reform bodies
internationally.'[20]
2.16 The
Committee congratulates the ALRC President (Professor
David Weisbrot)
on his election as the inaugural Vice-President of CALRA.
2.17 A
total of eight students from four Australian universities completed internships
with the ALRC during 2003-04 as part of the Commission's role in engaging the
wider community in law reform activities.
Internships are conducted on a voluntary basis, providing
students with the opportunity to work alongside Commissioners and legal staff
and undertake research work in a professional environment.[21]
2.18 The
Committee considers the annual report of the Australian Law Reform Commission
to be "apparently satisfactory."
Federal Court of Australia
2.19 The
Federal Court reports a number of significant issues and developments in its
2003-2004 Annual Report. One such development was the finalisation of a
memorandum of understanding with the Family Court of Australia for the use of
the Casetrack case management system. In addition to case management function
improvements, 'Casetrack will provide essential statistical, operational and
other management information through its reporting facilities.'[22]
2.20 In
2002, the Court adopted a Self Represented Litigants Management Plan in order
to identify strategies to assist the needs of self represented litigants. Some
34 per cent of matters before the court in 2003-04 involved at least one party
who was unrepresented at some point during proceedings.
2.21 To
further assist unrepresented litigants, the Court has also 'enhanced the
content and location of information on its web site to provide greater
assistance to self represented litigants, including details of possible sources
of legal advice and assistance.'[23]
2.22 The
Court has continued to foster links with the Mahkamah
Agung (Supreme Court of Indonesia) with
which it has partnered the Indonesian Judicial Training Program. The
partnership was recognised in a Memorandum of Understanding, which was signed
by the respective Chief Justices in March 2004. The Memorandum:
... sets a foundation for ongoing judicial co-operation and
assistance. It is believed that the memorandum is a 'World First' and a model
for future collaboration between courts operating in different countries.[24]
2.23 The
Court participated in a major review of security arrangements in conjunction
with other jurisdictions and the Attorney-General's Department. The review,
conducted by external consultants, advised of a number of areas in which
improvements might be made. The Court advises that, while it has already
undertaken to implement some of the recommendations, the provision of x-ray
scanning equipment at the entry to Court buildings is beyond its current
funding capacity. The Court has applied to the Government for additional
funding to implement the proposed security upgrades.
2.24 The
Committee considers the annual report of the Federal Court of Australia to be
"apparently satisfactory."
Goldfields Land
and Sea Council Aboriginal Corporation (Representative Body) (GLSC)
2.25
Mr Ian
Tucker, Chairman of the GLSC stated in the
Chairman's Report that the securing of the Goldfields Pastoral Access
Principles agreement during 2003-04 was the most significant agreement reached
during the year. The agreement was initiated by the GLSC and was negotiated
with assistance from the National Native Title Tribunal. The Chairman reported
that:
The principles have set guidelines for arriving at mutually
agreeable local arrangements whereby Aboriginal people can access their
traditional country throughout the Goldfields and protect culturally
significant sites within it.[25]
2.26 The
report noted the council's concern over the length of time taken to determine
nave title claims in the Federal Court and the financial impact of extended
litigation on Council resources. The Executive Director's Report states:
...the Wongatha claim (north-east Goldfields) was before the court
for the entire year, having commenced in February 2002. The court's findings
are not expected to be handed down until either late 2004 or early 2005.[26]
2.27
The Committee notes that Mr
Brian Wyatt,
Executive Director of the GLSC was successful in gaining a Churchill Fellowship
from the Winston Churchill Memorial Trust. With the Trust's assistance, Mr
Wyatt travelled to South
Africa, Canada
and the United States
to study land distribution and management systems operating on behalf of the
indigenous peoples in those countries.
2.28
Other activities undertaken by the GLSC during the
reporting period included:
- facilitating and assisting the majority of the
region's native title claims, including verifying that claims reflect
appropriate native title holding groups or shared interests;
- negotiating and working with government at all
levels and other stakeholders towards protection of native title rights and
interests in the context of development; and
- working with the Department of Conservation and
Land Management to implement a memorandum of understanding between the State
Government and GLSC that facilitates joint management arrangements for national
parks in the Goldfields.
2.29
The Committee considers the annual report of the Goldfields
Land and Sea Council Aboriginal
Corporation (Representative Body) to be "apparently satisfactory."
Tiwi Land
Council
2.30
The Chairman of the Tiwi Land Council, Mr
Frederick Mungatopi,
advises in the opening paragraph of his report that:
This has been a most productive year for the Tiwi people with
the Land Council negotiating good outcomes in forestry and development of Port
Melville to Phase 1 completion where it can accommodate timber export barges.
The first export load of logs was farewelled by Minister Amanda
Vanstone on 11 September 2004, and heralds a new era for our Tiwi
people.[27]
2.31
The Tiwi Forestry Project continues to expand and, as
mentioned above, the first timber shipment occurred on 11 September 2004, with the export of 7,000
tonnes of Tiwi timber to China.
2.32
Around 17,000 tonnes of hardwood sawlogs were harvested
and transported to Port Melville during the year. There is now a 35,000 tonne
stockpile at the port, ready for export to customers in China,
Vietnam and Indonesia.[28]
2.33
The Committee notes that the Tiwi Land Council and
Sylvatech Ltd were recipients of a Prime Minister's Award. The award was for
excellence in community business partnerships. It:
... recognizes the demonstrated commitment of excellence to the
Tiwi community by the Tiwi landowners in business partnership with Sylvatech
Limited.[29]
2.34
Tiwi leaders have concluded that 'education is the
major impediment to their [Tiwi children] fully integrated participation in
modern land use and in the social and economic benefits landowners believe will
follow'.[30] The Council has therefore commissioned
a feasibility study into education on the Tiwi
Islands which it hopes will result
in the establishment of a Tiwi Landowners
School. On completion of the study,
it is expected that a project manager and a school principal will be engaged and
the project will be overseen by a planning group comprised of Tiwi men and
women.
2.35
The Committee considers the annual report of the Tiwi
Land Council to be "apparently satisfactory."
Senator Marise Payne
Chair