CHAPTER 1 - ANNUAL REPORTS OF DEPARTMENTS
1.1
The annual reports for the financial year 2009-10 of the following
departments were referred to the committee for examination and report:
-
Department of Immigration and Citizenship
-
Attorney-General's Department
Department of Immigration and Citizenship
1.2
The Department of Immigration and Citizenship has again presented a
report that provides a good account of its activities and performance for the
year under review. Performance information is clearly presented along with a
range of statistics covering broad timeframes to provide trend information. The
committee welcomes the inclusion of a number of items in the report which are suggested
but not mandatory under the annual reporting guidelines, for example, the overview
of the department's performance and financial results[1]
and the outlook for 2010-11[2].
1.3
The report outlined reforms in a range of policy areas implemented by
the department in 2009-10. These included a number of reforms to the Migration
Program.
1.4
A significant undertaking was reform of the Skilled Migration Program to
make it more responsive to the needs of the Australian economy and to meet relevant
labour market requirements. Changes included:
-
revoking the Migration Occupations Demand List;
-
development of a new Skilled Occupation List; and
-
a review of the points test to ensure it focuses on applicants
with high-value skills that will meet Australia's medium-to-long-term economic
needs.[3]
1.5
The committee noted that the department reported an operating surplus of
$5.5 million for 2009-10, which compares with a $47.6 million operating loss in
the previous financial year.[4]
In the discussion and analysis of financial performance for 2009-10, the report
noted that the surplus was achieved in a challenging operating environment where
the main contributing factors included:
-
the department's strong focus on financial management and
performance;
-
efficiencies achieved throughout the financial year, including a
reduction in overhead expenditure; and
-
improved business planning and budget reporting activities.[5]
1.6
In his review, the Secretary discussed the significant increase in the
number of asylum seekers arriving by boat in Australia during 2009-10. The
impact on programs of the department and management of resources in response to
this challenge has been a focus of Senators during recent estimates hearings of
this committee.
1.7
The Secretary outlined how the department was responding in managing the
rise in the number of arrivals and people in immigration detention, advising
that:
To support the department's response to the increasing number
of boat arrivals, there have been significant efforts in recruitment and
training of staff to provide enhanced case management and detention review, as
well as enhancements to decision-making on asylum claims, independent merits
review and the department's capacity to remove those who have no lawful basis
to remain in Australia. There were also strong efforts to ensure that the
department maintained, and improved upon, client service in our other areas of
operations.
Despite the scale of the challenges we are facing, the
department and our service providers have shown a strong commitment to the
government's detention values and continue to work very hard to provide fair
and reasonable service to people required by law to be in immigration
detention.[6]
1.8
In regard to the impact on the department's Humanitarian Program, it was
reported that the challenges were met through careful management of resources
to achieve 39 per cent more protection visa decisions and 2,697 more Refugee
Status Assessments compared to the previous financial year.[7]
It was explained that:
The combined impact of irregular maritime arrivals on the
overall available places in the Humanitarian Program and responding to their
needs to be reunited with their families, presented a challenge to the program.[8]
1.9
From 1 July 2009, the Office of the Migration Agents Registration
Authority (MARA) commenced operations as a discrete office attached to the
department. The Secretary of the department reported that the Office has achieved
a seamless transition.[9]
The committee was advised at the supplementary budget estimates hearings in
October 2010 that, as a result of the new arrangements, the Office will provide
annual report information in both the department's annual report and in a
separate report of the Office:
What we are doing this year is we are providing the annual
report information that is required under the act through the department's own
report. We have also decided to produce a separate report for the Office of
the MARA under our own regulations and that will provide more operation detail.[10]
1.10
The department presented the Office of the MARA's results against
deliverables and key performance indicators. The committee notes that the
Office failed to meet the target of 50% for the key performance indicator (KPI)
concerning the percentage of relevant recommendations appropriately implemented
from the 2007-08 Review of Statutory Self-regulation of the Migration Advice
Profession. The report noted, however, that there had been action on all
recommendations and they were at various stages of implementation.[11]
1.11
The online version of the annual report was readily located on the
website and provided both HTML and PDF versions. As in recent years, this
year's online report included an introductory video message from the Secretary
which highlighted the major challenges and achievements during 2009-10. It also
included short videos for a number of the 12 case studies presented in this
year's report. A helpful online search facility for the annual report was also
available.
1.12
The report provided an overview of the new budgetary reporting framework
which is based on outcomes and programs from 2009-10, and included a useful
transition table for the new framework at Appendix 7.[12]
1.13
A focus of the 2009-10 annual report was the celebration of the
department's 65th anniversary. The report features articles on
Australian immigration history over the past 65 years, accompanied by a range
of photographs. While the Secretary highlighted the many achievements and
contributions the department has made to the nation, the committee appreciates
his candour in also acknowledging the mistakes that have occurred over the
years and a commitment to continually improve services in the future.[13]
1.14
The committee considers the annual report of the Department of
Immigration and Citizenship to be 'apparently satisfactory'.
Attorney-General's Department
1.15
The annual report of the Attorney-General's Department was presented out
of session in the Senate on 13 October 2010. The committee commends the department
for presenting its report in a timely manner, which made it available to
Senators prior to the supplementary budget estimates hearings on 18 and
19 October 2010.
1.16
The report provides a good account of the activities that have
contributed to the achievement of the departmental outcomes. It also provides a
good review of how the department has performed during the year in relation to
its KPIs. Performance information is presented in table format and is clear and
accessible. The committee notes that the KPIs were mostly achieved or partially/substantially
achieved for 2009-10.
1.17
In the summary of financial management, the department reported an
operating deficit of $0.244 million for 2009-10, which was less than 1 per cent
of total revenues. This compares to a deficit of $1.749 million for 2008-09.[14]
1.18
Among the range of activities and initiatives undertaken by the department
during the year and highlighted in the report, the committee notes some major
achievements. The department implemented and promoted the strategic framework
for access to justice, which was a central recommendation of the September 2009
report of the Access to Justice Taskforce and adopted by the government. The annual
report explained that:
The framework emphasises providing better and more accessible
sources of information and assistance at an earlier stage to meet legal needs,
better use of non-legal gateways and increased coordination.[15]
1.19
The department advised that it will use the framework to guide decisions
and develop initiatives to improve access to justice for all Australians in the
future.[16]
1.20
The committee also noted with interest the development of the Disability
(Access to Premises – Buildings) Standards 2010. According to the annual
report, the Premises Standards:
...are part of a wider scheme, led by the Australian Government,
to provide improved, updated and, for the first time, nationally uniform rules
for appropriate and dignified access to public buildings and offices for people
with disability.
...
The Premises Standards impose obligations on building certifiers,
developers and managers to ensure compliance with those matters in the Premises
Standards for which they are responsible or will have control over.[17]
1.21
The report outlined the department's role in the development of these
standards: namely, providing advice to the Attorney-General on their
preparation, and involvement in the government's response to the House of
Representatives Standing Committee on Legal and Constitutional Affairs
Committee's report, Access All Areas. The department also worked with a
number of relevant stakeholders.[18]
1.22
During the year under review, the department was also involved in the
development and implementation of Australia's Human Rights Framework. The
Attorney-General released this policy in April 2010 in response to the report
of the National Human Rights Consultation Committee. The framework outlines a
range of key measures to further protect and promote human rights in Australia.[19]
1.23
The department has begun implementing a number of measures under this
policy initiative, including preparation and presentation of bills to establish
a parliamentary joint committee on human rights and to require that statements
of compatibility with human rights accompany new legislation and legislative
instruments.[20]
The committee will continue to monitor with interest a number of key projects the
department will progress under this policy in the coming year which are
outlined in the report, including the consolidation of Commonwealth
Anti-Discrimination Laws and the development of the Human Rights National
Action Plan.[21]
1.24
The report provided detail on the most significant developments in
external scrutiny from the Australian National Audit Office, the courts,
parliamentary committees, the Office of the Privacy Commissioner, the
Australian Human Rights Commission, Royal Commissions and the Coordinator
General for Remote Indigenous Services. However, the committee notes that two
reports of the House of Representatives Standing Committee on Legal and
Constitutional Affairs were incorrectly attributed to the Senate Legal and
Constitutional Affairs Committee.[22]
1.25
The online version of the report is easily accessible on the
department's website and is available in PDF and HTML formats.
1.26
The report closely adheres to the annual reports requirements and includes
suggested as well as mandatory information, including a compliance index. The
committee considers the report of the Attorney-General's Department to be
'apparently satisfactory'.
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