Chapter 1 - Annual reports of statutory authorities


Chapter 1 - Annual reports of statutory authorities

1.1       The following reports of statutory authorities for the financial year 2003-2004 were referred to the Committee for examination and report:

  • Aboriginal Benefit Account;
  • Aboriginal and Torres Strait Islander Commission;
  • Australian Crime Commission;
  • Australian Federal Police;
  • Cape York Land Council;
  • Carpentaria Land Council;
  • Central Land Council;
  • Migration Agents Registration Authority;
  • Migration Review Tribunal;
  • Northern Land Council;
  • Queensland South Representative Body Aboriginal Corporation;
  • Refugee Review Tribunal; and
  • Torres Strait Regional Authority.

1.2       The Committee has chosen to provide comments on the agencies listed below.

Aboriginal and Torres Strait Islander Commission (ATSIC)

1.3       The year under review commenced with the establishment of the Aboriginal and Torres Strait Islander Services (ATSIS) as an Executive Agency. The agency was formed to implement the broad policy decisions of ATSIC.

1.4       ATSIC remained active in its pursuit of Indigenous rights. It advanced its position with representations to a number of bodies. These included providing input advocating recognition of Indigenous rights for the Australian Government's report on implementation of the recommendations of United Nation's committees. It also included provision of a submission to the Senate Legal and Constitutional Legislation Committee.

1.5       On 15 April 2004, the Government announced that a decision had been made to abolish ATSIC and that ATSIS/ATSIC programs would be transferred to mainstream agencies. This decision was reflected in ATSIC's annual report which stated:

On 1 July 2004, programs formerly administered by ATSIS were transferred to other agencies. ATSIC, through its agent, ATSIS, continues to administer the Home Ownership Program which has legislative basis in the ATSIC Act.[4]

1.6       The Committee notes that ATSIC's financial statements for 2003-2004 refer to irregularities in the Indigenous Land Fund and the Aboriginals Benefit Account (ABA). These irregularities were identified during an audit by the Australian National Audit Office (ANAO). It found that, since the 1994-1995 financial year, the amount drawn down to the Land Fund from the Official Public Account had exceeded the agreed appropriation. This contravened section 83 of the Constitution and the administering federal legislation, including the Financial Management and Accountability Act 1997 (FMA). The report states that ATSIC will be in discussions with the Department of Finance and Administration for the return of the excess funds.

1.7       The ANAO also found that certain investments made by the Land Fund and the ABA had contravened the FMA and the Constitution. The Committee notes the following statement by the ATSIC Chair in the report:

Both the Land Fund and the Aboriginals Benefit Account will trade out of the investments in medium-term notes when it is profitable to do so and any net excess funding provided to the Land Fund will be returned to the Public Account.[5]

1.8       Having regard to the above, the Committee finds the annual report of the Aboriginal and Torres Strait Islander Commission to be "apparently satisfactory."

Australian Crime Commission

1.9       The report describes the ACC’s primary outcome as being: ‘Enhanced Australian Law Enforcement Capacity’. To achieve this goal, the ACC has identified three 'external' outputs: Criminal Intelligence Services (Output 1.1); Criminal Intelligence Operations (Output 1.2); and Investigations into Federally Relevant Criminal Activity (Output 1.3). The report details key results for the financial year against each of these outcomes.

1.10      The ACC's Criminal Intelligence Services section provided and maintained a number of criminal intelligence databases systems. These include the Australian Law Enforcement Intelligence Net (ALEIN) and the Australian Criminal Intelligence Database (ACID). The section also produced a series of intelligence assessments/reports and alerts providing strategic advice to the ACC Board on a range of issues. Titles included:

  • Firearms Trafficking in Australia;
  • Money Laundering in Australia;
  • Identity Crimes in Australia;
  • Report on Organised Crime in Australia;
  • Illicit Drug Data Report; and
  • A Picture of Criminality in Australia.[6]

1.11      Intelligence analysis from the Picture of Criminality in Australia report revealed that:

....while organised criminals still work in tight-knit groups, they more readily operate through extended networks and with other criminal groups with similar interests. Drugs and fraud are the big earners for organised criminals in Australia.[7]

1.12      The Committee notes with interest the ACC's collaborative efforts with the Australian Federal Police and the Department of Immigration and Multicultural and Indigenous Affairs to deter and eliminate the trafficking of persons for sexual exploitation. The report describes trafficking of persons for sexual exploitation as:

... an increasingly prevalent crime that generates continued profits for criminals. The trafficking of women to work in the sex industry is the most common form of people trafficking in many countries. It often involves a range of crimes at various stages of the trafficking process, including immigration offences, identity crimes, fraud, money laundering, tax evasion... .[8]

1.13      The Committee also notes the ACC Chair's comments in the report's Letter of Transmittal to the Minister:

The period covered by the report has been a challenging time for the ACC as it has confronted serious allegations of corruption. These allegations were of considerable concern to the Board and it has worked closely with the ACC to ensure a robust and comprehensive anti-corruption prevention and response system is developed.[9]

1.14      A major court outcome for the ACC was the successful prosecution of a person for failing to answer questions at a coercive examination. The ACC regards the prosecution as confirming that:

...the courts are willing to be firm with people who attempt to defy the ACC coercive powers in the expectation that they will only be given a fine.[10]

1.15      The Committee finds the annual report of the Australian Crime Commission to be "apparently satisfactory."

Australian Federal Police (AFP)

1.16      The AFP Commissioner explains in the report's executive review that the 2003-04 year was a milestone for the AFP in that the organisation celebrated 25 years service as a law enforcement body. The executive review also notes that the AFP undertook a restructure during the financial year to enhance its capacity to tackle all forms of 21st Century crime. One outcome of the restructure was the creation of the position of Chief of Staff, which replaces the now abolished position of General Manager Executive Services. The Chief of Staff's responsibilities cover a range of areas within the AFP. These include the Commissioner’s Office, Marketing and Communications, Ministerial, Outcome Service Delivery, Legislation, Policy and Strategic Services.[11]

1.17      A new position of National Coordinator Counter-Terrorism Intelligence was created and filled during the year. This position:

'oversees counter-terrorism intelligence support to the JCTTs (Joint Counter Terrorism Teams), manages AFP Headquarters Counter-Terrorism Intelligence Teams, manages seconded counter-terrorism officers, and develops counter-terrorism policy.'[12]

1.18      The report advises that the AFP continued to direct considerable resources towards the reduction of the trafficking and supply of illicit drugs within Australia. As a result, the AFP is able to report the discovery of significant quantities of heroin, cocaine and amphetamine type stimulants. Detections and seizures over the reporting period included:

  • 15kg of heroin found in an industrial oven imported into Australia from China;
  • 5.78kg of cocaine found in the luggage of an Australian citizen returning to Australia from Venezuela;
  • Three hundred kg of methelynedioxymethamphetamine (MDMA) powder discovered between packaged Chinese wonton pastry sheets in a shipping container from the Netherlands.[13]

1.19      The report advises that the AFP received $7 million over four years as part of a $20 million government package of measures designed to combat human trafficking (sexual servitude) and child-sex tourism.[14] Funding was also provided for the development of a Human Trafficking and Child Sex Tourism Specialist Investigation Program at the AFP's School of Investigations Management.[15]

1.20      The AFP's International Deployment Group was established in February 2004 to oversee AFP involvement in international peace operations and capacity building, such as in Cyprus, East Timor and the Solomon Islands. The Group also directs the Law Enforcement Cooperation Program which, through contact with overseas law enforcement agencies, increases AFP awareness and understanding of transnational crime.[16]

1.21      The Committee finds the annual report of the Australian Federal Police to be "apparently satisfactory."

Torres Strait Regional Authority (TSRA)

1.22      TSRA and Community Council elections were held in the first half of 2004, resulting in new members joining the TSRA Board.

1.23      Economic development is seen by the TSRA Board as a key focus area for the future in order to establish a regional economy and realise financial empowerment. The Board believes that a sustainable economy requires a strong regional framework of individuals, communities and enterprises that will generate income and provide employment opportunities. The partnership agreement that the TSRA has entered into with the Queensland Department of State Development for the provision of a business advisory service is cited as a model for promoting a regional framework and future joint ventures in the region.[17]

1.24      A major economic program funded by the TSRA is the Business Funding Scheme (BFS). It facilitates the purchase, ownership and development of commercially viable businesses by Aboriginal and Torres Strait Islander peoples in the region. During the reporting period, the BFS advanced 22 commercial finance loans totalling $464,881, 30 clients paid out their loans and $925,711 in loan repayments was returned to the BFS account.[18]

1.25      The Chairperson's report advises that the official opening of the Gab Titui Cultural Centre on Thursday Island was one of the highlights of the reporting period. The Cultural Centre provides the people of the region with a place of 'safe keeping' for artefacts and artworks of cultural significance.[19]

1.26      The 2003-04 reporting period saw an outbreak of dengue fever in the Torres Strait which resulted in the death of one person. The TSRA believes the outbreak reaffirmed the vulnerability of the Torres Strait islands to exotic disease and highlighted the difficulties faced by authorities in containing their spread. The TSRA continues to work closely with both federal and Queensland State based health authorities to improve health service delivery throughout the Torres Strait region.[20]

1.27      The TSRA, with assistance and funding from the Australian and Queensland State Governments, is implementing a Major Infrastructure Program with a total budget in excess of $90 million. The program seeks to improve infrastructure on the 15 outer island communities as well as the Sesia and Bamiga communities on Cape York. The program's components include:

  • sewerage disposal and treatment projects;
  • land servicing and subdivision;
  • roads and drainage projects; and
  • power installation.[21]

1.28      The Committee finds the annual report of the Torres Strait Regional Authority to be "apparently satisfactory."

Northern Land Council (NLC)

1.29      The NLC notes in its annual report that it sees a coming era of economic development in the Northern Territory as a vehicle offering a range of economic opportunities to Aboriginal people. Such developments include mining and infrastructure projects and the Wadeye to Gove gas pipeline. The involvement of Aboriginal peoples in partnership arrangements in these types of ventures is expected to assist in the process of regional development, expand community wealth and create employment opportunities.[22]

1.30      An important development in the NLC region has been the agreement reached between traditional owners and a mining company regarding access to a road across Aboriginal lands. This access provides the mining company with a road corridor to the Alice Springs-Darwin railway line and will result in significant benefits to traditional owners with regard to income and future employment.[23]

1.31      A significant Indigenous Land Use Agreement between traditional owners and the Australian Defence Force (ADF) was signed on 16 July 2003 concerning the use of Bradshaw Station. Under the agreement, the ADF was granted use of the station for an initial period of 75 years and permission to construct an all weather road and a bridge over the Victoria River. In return, the ADF has undertaken to provide a range of financial and other training commitments for the benefit of traditional owners. Native Title has not been extinguished as a result of the agreement.[24]

1.32      The report lists significant priorities for the NLC in the coming year as:

  • land management;
  • improving local and regional governance;
  • development of small scale enterprises on Aboriginal land; and
  • positive outcomes for Aboriginal people on major Top End economic projects, such as the Wickham Point liquefied natural gas plant and the Wadeye to Gove gas pipeline.

1.33      The Committee notes the retirement of Mr Galarrwuy Yunupingu as NLC Chairman, after having served in that position for over 24 years. Mr Yunupingu was named Australian of the year in 1978, was made a member of the Order of Australia in 1985 for his services to Aboriginal people and was declared a National Living Treasure in 1998. The Committee would like to take this opportunity to acknowledge Mr Yunupingu's significant contribution to Australia and to Aboriginal people in particular, and to wish him well in all his future endeavours.

1.34      The Committee finds the annual report of the Northern Land Council to be "apparently satisfactory."

Refugee Review Tribunal (RRT)

1.35      The report contains an overview by the RRT's Principal Member of the financial year. It outlines steps taken during the year to improve the efficiency of both the RRT and its sister agency, the Migration Review Tribunal. In September 2003, both tribunals were co-located into new office space in Lonsdale St, Melbourne. At the same time, the tribunals' staffing arrangements were restructured. This saw the introduction of a joint Legal Services Section, a joint Country Research and Library Research Services Section and a joint Executive Support and Policy and Procedures Section. These joint sections replaced sections that had operated separately in each tribunal.[25]

1.36      The RRT received a total of 3,344 cases over the reporting period which represents a 31% drop in caseload over the previous year. The report advises that this is consistent with a global drop in refugee applications.[26]

1.37      The report indicated a reduction in lodgements from a number of countries that had previously been considered major source countries. This included reductions in lodgements from Thailand, Indonesia, Fiji, Bangladesh and China. Only seven lodgements were received from East Timor which, in the previous year, had 648 cases lodged.[27]

1.38      The number of cases finalised by the RRT was 5,810 which resulted in a 67% decline in the number of cases awaiting review. As at 30 June 2004, there were 1,237 cases awaiting review compared to 3,703 cases for the previous year. The Committee notes that the tribunal was also able to reduce the average processing time from lodgement to finalisation by 19 weeks. That is, down to 37 weeks compared to the 56 weeks required in the previous year.[28]

1.39      The Committee notes that the set aside rate for the 2003-04 year was 13% compared to 6% for the 2002-03 year. The report indicates that this was a result of a change in the composition of finalised cases. In 2002-03, 37% of finalisations came from country caseloads with low set aside rates such as China, India, Indonesia and East Timor. In 2003-04, 90% of Afghanistan cases were set aside. These accounted for 49% of all cases set aside for the year.[29]

1.40      The Committee finds the annual report of the Refugee Review Tribunal to be "apparently satisfactory."