Chapter 2 - Annual reports of statutory authorities

2.1        The following reports of statutory authorities for the financial year 2006-07 were referred to the committee for examination and report:

• Administrative Appeals Tribunal;
• Australian Commission for Law Enforcement Integrity;
• Australian Customs Service;
• Australian Federal Police;
• Australian Government Solicitor;
• Australian Institute of Criminology and Criminology Research Council;
• Australian Security Intelligence Organisation (ASIO);
• Australian Transaction Reports and Analysis Centre (AUSTRAC);
• CrimTrac;
• Director of Public Prosecutions;
• Family Law Council;
• Federal Court of Australia;
• Federal Magistrates Court;
• National Native Title Tribunal; and
• Office of Parliamentary Council.

2.2        The committee decided to examine in more detail the annual reports of the following agencies.

Australian Transaction Report and Analysis Centre (AUSTRAC)

2.3        AUSTRAC reported a surplus of $0.38 million for 2006-07, as compared with a surplus of $0.03 million in 2005-06.[1] AUSTRAC also reported total revenue of $33.55 million, an increase of $12.34 million compared to the previous year.[2] AUSTRAC attributed this increase to additional funding for the implementation of the Anti Money Laundering and Counter Terrorism Financing (AML/CTF) reform program.[3]

Deterring money laundering, serious crime and tax evasion

2.4        During the reporting period, AUSTRAC engaged in a range of activities to deter money laundering, serious crime and tax evasion. These activities sought to 'educate businesses' as well as 'adopt a cooperative approach in order to promote voluntary compliance with relevant legislation'.[4] Examples included:

• conducting 78 education visits to regulated entities in order to raise awareness of their obligations under the FTR Act and AML/CTF Acts[5];
• engaging in a comprehensive public education campaign using advertisements in major newspapers and in ethnic media;[6]
• establishing two new industry consultative forums, the Finance Industry Consultative Forum and the Gaming Industry Consultative Forum[7]; and
• distributing five new AUSTRAC information circulars on a range of topics.[8]

2.5        The committee is pleased to see that AUSTRAC has dedicated significant time and resources to education and awareness of the AML/CTF and FTR regimes. The committee has previously acknowledged the efforts of AUSTRAC to consult extensively with stakeholders.[9] The committee is pleased to see that this is continuing and considers it to be of significant value to both stakeholders and AUSTRAC.

Privacy issues

2.6        The committee was interested to read about AUSTRAC's efforts to ensure complance with the Privacy Act. AUSTRAC reported that 'it ensures all personnel are aware of AUSTRAC's privacy requirements and that this awareness is reinforced through training.'[10] AUSTRAC also advised that it published privacy statement guidelines and conducted an internal privacy audit.[11] The committee is pleased that there were no significant incidents relating to privacy or complaints against AUSTRAC during the reporting period.[12]

2.7        The inclusion of a compliance index greatly assisted the committee in its examination of AUSTRAC's annual report.

2.8        The committee considers the annual report of AUSTRAC to be apparently satisfactory.

Office of Parliamentary Counsel (OPC)

2.9        OPC reported a profit of $492,756 for the 2006-07 financial year, compared to a profit of $1,057,637 for 2005-06.[13] OPC also reported an increase of $856,483 in staffing costs owing to the employment of additional drafters.[14]

2.10      During the reporting period OPC drafted 204 bills totalling 8,225 pages which were subsequently introduced into Parliament.[15] Of particular interest to the committee were bills introduced in the Attorney-General's portfolio, with OPC drafting 30 bills totalling around 1,500 pages.[16] OPC noted that there 'continued to be a substantial increase in demand for drafting resources for legislation for the Attorney-General's Portfolio.[17] OPC reported that all 'time critical bills'[18] were drafted on time.[19] The committee congratulates OPC on this achievement.

2.11      In its annual report, OPC provided comprehensive information on its management of human resources. OPC reported that as of 30 June 2007 it employed a total of 49 ongoing staff, with nil non-ongoing staff. This represented an increase of 1 employee compared with 30 June 2006. On staff development, OPC advised that it takes approximately 5-6 years to train a legislative drafter to the point at which they can take sole responsibility for drafting bills.

2.12      OPC identified the following measures as being required to ensure sufficient drafting resources will be available in the long term:

• a recruitment program to ensure that high quality lawyers are recruited;
• an approach to training that ensures that recruits are given the opportunity to develop high level drafting skills in the shortest possible time; and
• the retention of trained drafters through the provision of interesting work, good career opportunities, attractive working conditions, and appropriate remuneration.

2.13      The committee considers the annual report of OPC to be apparently satisfactory.

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