CHAPTER 1
ANNUAL REPORTS OF DEPARTMENTS
1.1
The annual reports for the financial year 2008-09 of the following
departments were referred to the committee for examination and report:
- Attorney-General's Department; and
- Department of Immigration and Citizenship.
Attorney-General's Department
1.2
In 2008-09, a range of changes were made to the department's structure. The
annual report presents a detailed outline of the new organisational structure
which has been implemented as a result of the audit conducted by Mr Roger Beale
AO. The restructure aims to ensure the department will be more strategic and
better focused on achieving the government's and the portfolio's priorities.[1]
The report states that:
The new structure is consistent with, and will better
support, the Government's priorities, as outlined by the Prime Minister in his
inaugural National Security Statement 2008 and the outcomes of the Review of
Homeland and Border Security (the Smith review), which take an all-hazards
approach to national security.[2]
1.3
The 'snapshots' chapter in this year's report includes, in addition to
staffing and financial performance information, a two-page summary of
highlights for the year and a section on areas for improvement.[3]
Given the range and complexity of the department's responsibilities, the
committee found the highlights summary to be a useful inclusion at the
beginning of the report. The committee also welcomes the list of areas for
improvement which includes the strategies implemented by the department to
enhance performance.[4]
The committee sees annual reports as an important vehicle for departments and
agencies to discuss areas for improvement as well as their successes throughout
the year and will monitor the department's progress in achieving these
improvements in future reports.
1.4
Highlights during the 2008-09 year included the establishment in January
2009 of the Access to Justice Taskforce within Outcome 1 of the department. The
Taskforce was given the task of developing a strategic framework for reform of
the civil justice system to improve access to justice for all Australians and
encourage early resolution of disputes.[5]
The report outlines the Taskforce's approach in developing the proposed
framework:
The taskforce is taking a wide view of the justice system, from
access to information, alternative dispute resolution and legal assistance
through the role of courts and tribunals.[6]
1.5
The Taskforce reported to the government on 23 September 2009 with
the government ultimately agreeing with the suggested policy framework.[7]
The committee takes a continuing interest in access to justice issues and intends
to monitor the implementation of the Taskforce's recommendations.[8]
1.6
Another significant undertaking by the department during the reporting year
was the National Human Rights Consultation project which was launched in
December 2008. The consultation was undertaken by an independent committee, chaired
by Father Frank Brennan, and aimed to seek a range of views about the
protection and promotion of human rights in Australia. The department provided
secretariat support to the committee which received approximately 40,000
submissions and undertook consultation meetings around Australia, including 66
community roundtables.[9]
In summing up the consultation process, the report stated that:
The National Human Rights Consultation has been very
successful in eliciting community views. This has given rise to significant
expectations of a tangible outcome for the community, and heightened interest
in human rights issues. The Government's social inclusion agenda is also
raising awareness of the need to address disadvantage and prevent
discrimination. Distilling the essence of the consultation outcomes and
development a report that delivers on community expectation will be a major challenge
in 2009-10, particularly with resource constraints.[10]
1.7
The Brennan committee subsequently reported to the government on
30 September 2009.
1.8
The department reported an operating result of $1.749 million deficit.
This is significantly lower than the previous year's deficit of $13.255 million
and it was noted that the deficit represents less than one per cent of total
revenues.[11]
1.9
The staffing level for the department has remained stable over the last
12-month period. It was reported that the department's workforce was 1,547 as
at 30 June 2009, compared with 1,544 in the previous year. The committee
noted that the department's employee-initiated turnover rate had decreased by
4.4 per cent to 15 per cent in 2008-09.[12]
1.10
The department has presented an informative report which closely adheres
to the requirements for annual reporting. Performance information is clearly
presented in table format with most key performance indicators being achieved
or substantially/partially achieved. The committee considers the annual report
of the Attorney-General's Department to be 'apparently satisfactory'.
Department of Immigration and Citizenship
1.11
The committee has had a continuing interest in the department's progress
toward implementation of reforms arising from the recommendations of the
Palmer, Comrie and certain Ombudsman's reports. An independent review
commissioned in July 2008 to report on the department's achievements in
implementing these reforms found the department had made substantial reform
progress and the implementation of the reforms was essentially complete.[13]
In the annual report, the Secretary of the department noted that:
Following the success of these reforms, we are entering a new
phase of activity in which we are building on our reforms and the lessons learned,
including by strengthening our ability to innovate using a stronger evidence
base.[14]
1.12
A prominent feature of this year's report was the marking of the 60th
anniversary of the creation of the status of Australian citizenship which was
celebrated in 2009. The anniversary involved a 'program of events and
ceremonies celebrating the meaning and importance of Australian citizenship
while reflecting on the changes that shaped the nation over the past 60 years'.[15]
1.13
The department met the planning level targets for the Migration Program
for 2008-09, with 171,318 people granted migration visas.[16]
The Secretary advised that:
Overall, the permanent migration program met the government's
objective of ensuring that Australia's critical skill shortages were met, while
also helping to maintain growth in Australia's working age population.[17]
1.14
The report provided background on the revisions to programs as a result
of the global economic crisis. For example, the General Skilled Migration
program was revised as a result of the crisis to ensure that migration under
this program is driven by the requirements of industry and targets skills in
critical need across a number of sectors.[18]
A Critical Skills List was developed as an interim measure to identify skills
in chronic shortage and includes the occupations most frequently sought by
employers through sponsorship. In 2008-09, places in the skilled migration
program were cut by 14 per cent or 18,500 places.
1.15
The Minister for Immigration and Citizenship announced significant
reforms in the area of immigration detention policy on 29 July 2008. The
reforms are based on the government's seven new key immigration detention
values:
The values affirm the essential role of mandatory detention
as a component of strong border control. The values commit the government to
detention as a last resort for the shortest practicable period, and to the
rejection of indefinite or otherwise arbitrary detention. The values require
that minors shall only be detained as a measure of last resort and will never
be detained in an immigration detention centre.[19]
1.16
The department was involved in implementing the values administratively
during 2008-09 while advice was prepared for government on options for
legislative changes.[20]
1.17
From 1 July 2009, the Migration Agents Registration Authority (MARA) was
transferred to the department as a discrete office to be known as the Office of
the MARA. During 2008-09, the department was involved in coordinating the
arrangements for the transfer, which included progressing necessary
legislative, policy and administrative arrangements.[21]
1.18
The report included a summary of the department's revised outcome
structure for 2009-10. It was noted that the changes reflect the intent of
Operation Sunlight, the government's reform agenda which aims to improve
openness and transparency of public sector budgetary and financial management.[22]
A new strategic plan was launched on 21 May 2009 to reflect the changes to the
department's outcome structure.[23]
1.19
Despite the global economic crisis, the department's budget was reported
as remaining steady. Falls in activity levels relating to border security
(airport arrivals) and some visa processes due to the global economic crisis
were offset by increases of irregular maritime arrivals late in the year. This
was described as having 'a significant impact on expenditure'.[24]
1.20
The department reported an operating loss of $47.6 million for 2008-09.
The main contributing factors were listed as:
- foreign exchange losses due to the weakening Australian dollar;
- increase in the provision of employee entitlements as a result of
the fall of interest rates;
- provision for voluntary redundancies and surplus lease space as a
result of the department's planned downsizing exercise; and
- the write down of some assets.[25]
1.21
The report presents a clear account of performance information against
key performance indicators for the year in review. The department has continued
its high standard in annual reporting and the committee considers the report to
be 'apparently satisfactory'.
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