CHAPTER 2
REPORTS ON THE OPERATION OF ACTS AND PROGRAMS
2.1
Standing Order 25(20) does not provide for the 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, as on previous occasions, the committee has chosen to examine
such reports, specifically the:
-
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 July 2014 to 31 October 2014; and
-
Australian Crime Commission Assumed Identities Annual Report
2013–2014.
Report on the conduct of Refugee Review Tribunal reviews not completed
within 90 days
2.2
Section 440A of the Migration Act 1958 (Migration Act) requires
the Refugee Review Tribunal (RRT) to report on the conduct of reviews not
completed within 90 days. The RRT is required to report every four months. The
report reviewed by the committee covers the period 1 July 2014 to 31 October
2014.
2.3
The report was tabled in both the House of Representatives and the
Senate on 16 March 2015. The report was presented and received by the minister
on 20 January 2015.
2.4
The table below sets out the number of RRT reviews completed within
various timeframes (for example, within or outside of the reporting period, and
if within the reporting period, within or outside of the 90 day decision-making
period), as well as the corresponding statistics that were recorded for the
previous two reporting periods.[1]
2.5
The average processing time for all reviews completed during the
reporting period (either within or outside the 90 day decision period) was 165
days for the period of 1 July 2014 to 31 October 2014.[2]
This is a substantial reduction compared to the result of 242 days for the
previous reporting period of 1 March 2014 to 30 June 2014.[3]
2.6
Table 2.1 provides details of the number of reviews the RRT has
conducted over the last three reporting periods.
Table 2.1:
|
1
July 2014 and 31 October 2014
|
1
March 2014 to 30 June 2014
|
1
November 2013 to 28 February 2014
|
Number of RRT reviews decided
outside of the 90 day decision-making period
|
1,957
(or 81% of 2,412
reviews)
|
1,170
(or 86% of 1,356
reviews)
|
879
(or 81% of 1,082
reviews)
|
Number of RRT reviews
decided within the 90 day decision-making period (or RRT had no
jurisdiction)
|
455
(or 19% of 2,412
reviews)
|
186
(or 14% of 1,356
reviews)
|
203
(or 19% of 1,082
reviews)
|
Total number of RRT
reviews completed during the reporting period
|
2,412
|
1,356
|
1,082
|
Total number of RRT reviews
incomplete after the 90 day decision-making period and at the end of
the reporting period
|
3,219
(or 75% of 4,320
active reviews on hand at 31.10.14)
|
3,212
(or 61% of 5,250
active reviews on hand at 30.02.13)
|
2,112
(or 49% of 4,308
active reviews on hand at 28.02.14
|
Total number of RRT
reviews on hand at the end of the reporting period.
|
4,320
|
5,250
|
4,308
|
2.1
The Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT)
has maintained a KPI target of 70 per cent of RRT cases decided within 90
calendar days during the last three reporting periods.[4]
2.2
The committee notes that the number of RRT decisions made both within
and outside of the 90 day decision-making period have increased significantly
from the last two reporting periods. The total number of reviews completed
between 1 July 2014 and 31 October 2014 has increased by 1,056.
Australian Crime Commission Assumed Identities Annual 2013–2014
2.7
In accordance with subsection 15LD(1) of the Crimes Act 1914, the
chief officer of a law enforcement agency at the end of each financial year must
submit a report to the minister that includes the following information:
- the number of authorities granted during the year;
- a general description of the activities undertaken by
authorised civilians and authorised law enforcement officers when using assumed
identities under this Part during the year;
- the number of applications for authorities that were
refused during the year;
- the number of authorities of which control was
transferred by the chief officer under section 15KV during the year;
- the number of authorities of which control was
transferred to the chief officer under section 15KV during the year;
- a statement whether or not any fraud or other unlawful
activity was identified by an audit under section 15LG during the year;
- any other information relating to authorities and
assumed identities and the administration of this Part that the Minister
considers appropriate.[5]
2.8 The Australian Crime Commission (ACC) submitted this report to the minister
on 5 November 2014. The report was tabled by the minister in both the House of
Representatives and the Senate on 26 November 2014, in accordance with subsection
15LD(3) of the Crimes Act 1914.
2.9
In 2013–14, the ACC reported that there were 39 authorities for assumed
identities granted.[6]
This total is an increase compared to the 16 granted in 2012–2013[7]
and 13 granted for 2011–2012.[8]
The ACC reported that no applications were refused during the year; there were
no authorities for which control was transferred to the chief officer in
relation to subsection 15LD(d) and (e); no fraud or other unlawful activity was
identified; and the year's review of all assumed identity authorities was
undertaken in accordance with section 15KF of the Crime Act 1914.[9]
Senator the Hon Ian
Macdonald
Chair
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