CHAPTER 3
REPORTS ON THE OPERATION OF ACTS AND PROGRAMS
3.1
Standing Order 25(20) does not provide for consideration of reports on
the implementation or operation of acts or programs. The committee is not
therefore required to include them in its report on the examination of annual
reports. However, the committee chose to examine the following reports:
- Report to the Attorney-General on the results of inspections of
records under s55 of the Surveillance Devices Act 2004, March 2009
(published by the Commonwealth Ombudsman);
- Protection Visa Processing Taking More Than 90 days for the
Reporting Period 1 November 2008 to 28 February 2009 (published by the
Department of Immigration and Citizenship);
- Protection Visa Processing Taking More Than 90 days for the Reporting
Period 1 March to 30 June 2009 (published by the Department of Immigration and
Citizenship);
- Report Pursuant to Section 440A of the Migration Act on the
conduct of Refugee Review Tribunal reviews not completed within 90 days for the
period 1 November 2008 to 28 February 2009 (published by the Refugee Review
Tribunal); and
- Report Pursuant to Section 440A of the Migration Act on the
conduct of Refugee Review Tribunal reviews not completed within 90 days for the
period 1 March to 30 June 2009 (published by the Refugee Review Tribunal).
Report under the Surveillance Devices Act 2004
3.2
The Surveillance Devices Act 2004 (the Act) regulates the use of
surveillance devices by law enforcement agencies.[1]
Subsection 55(1) of the Act requires the Ombudsman to inspect the records of
each law enforcement agency to determine the extent of compliance with the Act
by the agency and its law enforcement officers. Under section 61 of the Act,
the Ombudsman is required to report to the Minister at six-monthly intervals on
the results of each inspection.[2]
3.3
It is the policy of the Ombudsman's office not to inspect the records
relating to surveillance devices which are in use. The committee notes that
the Ombudsman is considering amending this policy where the use of surveillance
devices is extended beyond a six-month period.[3]
3.4
During the reporting period of 1 July to 31 December 2008, reports on
the results of inspections for the Australian Crime Commission (ACC) and the
Australian Federal Police (AFP) were completed. These reports cover the
inspection of records from the period 1 July to 31 December 2007.
3.5
The ACC was assessed as being generally compliant with the Act.[4]
The Ombudsman made four recommendations relating to compliance and
administrative issues. The recommendations concerning compliance deal with
reports to the Minister and information required to be recorded on a
surveillance device warrant. The recommendations aim at improving the
administration of the Act relating to privacy issues and information required
to be recorded on a surveillance device warrant.[5]
3.6
The Ombudsman completed one inspection of the AFP's surveillance devices
records in the reporting period and assessed the agency as being generally
compliant with the provisions of the Act. One recommendation relates to compliance
with the Act and concerns extraterritorial operation of warrants.[6]
The Ombudsman made two recommendations to improve administration in relation to
the Act. These concern destruction of records and the installation of a device
before a warrant is issued.[7]
3.7
The committee is pleased to note that the Ombudsman reported a
significant improvement by the AFP on a matter raised in earlier reports
relating to the level of content provided in reports by the AFP to the Minister
under section 49 of the Act.[8]
Protection visa processing taking more than 90 days and refugee reviews
taking more than 90 days
3.8
Section 65A of the Migration Act 1958 imposes a requirement for
the Minister to make a decision on a protection visa application within 90 days
of the lodgement of the application. If this target is exceeded, under section
91Y of the Act the Secretary of the Department of Immigration and Citizenship
(DIAC) is required to report on protection visa applications for which decision
making has taken over 90 days. Similarly, section 440A requires the Refugee
Review Tribunal (RRT) to report on reviews not completed within 90 days.
3.9
The Department and the RRT are required to report every four months with
the latest reports reviewed by the committee covering the period 1 November
2008 to 30 June 2009.
Protection visa processing taking
more than 90 days
3.10
The table below compares protection visa processing by DIAC taking more
than 90 days for the three previous reporting periods.
|
1 July 2008 to 31 October
2008 |
1 November 2008 to 28
February 2009 |
1 March 2009 to 30 June
2009 |
Total number undecided
outside of 90 day period |
366 |
324 |
480 |
Total number decided
outside of 90 day period |
388 |
409 |
488 |
Total number processed outside
of 90 day period |
754 |
733 |
968 |
Percentage of total
applications processed outside of 90 day period |
23% |
21% |
25% |
3.11
The committee notes with some concern the rise in the number of
processing delays attributable to DIAC. The reports indicate that delays due to
DIAC processing have risen from 92 to 175 for the period 1 November 2008 to 28
February 2009 and from 175 to 342 for the period 1 March to 30 June 2009.
However, the reports for both periods note that:
The Department continues to work on strategies to eliminate
delay, improve adherence to the 90 day timeframe and to clear older cases as
quickly as possible.[9]
3.12
The committee will continue to monitor the department's performance in
this area.
Refugee Review Tribunal reviews not
completed within 90 days
3.13
This table outlines the number of RRT reviews not completed within 90
days for the previous three reporting periods.
|
1 July 2008 to 31 October 2008 |
1 November 2008 – 28
February 2009 |
1 March 2009 to 30 June
2009 |
Reviews completed outside of 90 days |
186 (25%) |
197 (25%) |
287 (31%) |
Reviews completed within 90 days |
557 (75%) |
601 (75%) |
634 (69%) |
Total |
743 |
798 |
921 |
Senator Trish
Crossin
Committee Chair
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