Chapter 2


Chapter 2

Reports on the Operation of Acts and Programs

2.1        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:

  • Protection Visa Processing Taking More Than 90 days for the Reporting Period 1 July 2008 to 31 October 2008 (published by the Department of Immigration and Citizenship); 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 July 2008 to 31 October 2008 (published by the Refugee Review Tribunal); and

  • Australian Crime Commission (ACC) annual report on assumed identities for 2007-08.

Protection visa processing taking more than 90 days and refugee reviews taking more than 90 days

2.2        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.

2.3        The Department and the RRT are required to report every four months with the latest reports reviewed by the committee covering the period 1 July 2008 to 31 October 2008. 

Protection visa processing taking more than 90 days

2.4        The table below compares protection visa processing by DIAC taking more than 90 days for the three previous reporting periods.

 

1 November 2007 to 29 February 2008

1 March 2008 to 30 June 2008

1 July 2008 to 31 October 2008

Total number undecided outside of 90 day period

396

375

366

Total number decided outside of 90 day period

251

443

388

Total number processed outside of 90 day period

647

818

754

Percentage of total applications processed outside of 90 day period

16.6%

28.9%

23%

2.5        The committee was pleased to note the decrease in both the total number of applications undecided and on hand over 90 days old and the total number of applications decided outside 90 days from the previous reporting period.  The report identified 92 applications where delays were attributable to DIAC, an increase of 23 from the previous report. The Secretary noted that 'the Department continues to work on strategies to eliminate delays, improves adherence to the 90 day timeframe and to clear older cases as quickly as possible.'[1]

Refugee Review Tribunal reviews not completed within 90 days

2.6        This table outlines the number of RRT reviews not completed within 90 days for the previous three reporting periods.

 

1 November 2007 to 29 February 2008

1 March 2008 to 30 June 2008

1 July 2008 to 31 October 2008

Reviews completed outside of 90 days

216 (32%)

266 (31%)

186 (25%)

Reviews completed within 90 days

453 (68%)

603 (69%)

557 (75%)

Total

669

869

743

2.7        The committee was pleased to note an increase in the percentage of reviews completed within 90 days from the previous reporting period.

Australian Crime Commission Assumed Identities Annual Report 2007-08

2.8        Section 15XUA(2) of the Crimes Act 1914 requires that, within three months after 30 June in each year, the ACC must prepare, and provide to the Minister, a report which must include:

  • The number of authorisations issued by an authorising person from the agency during the year covered by the report;

  • a general description of the activities undertaken by approved officers when using their assumed identities during the year covered by the report; and

  • a statement whether or not any fraud or any other unlawful activity was identified by an audit during the year covered by the report.

2.9        A letter from the Chief Executive Officer of the ACC to the Minister for Home Affairs dated 14 October 2008 was tabled in the Senate on 25 November 2008 advising of ACC's failure to report on the use of assumed identities for the period ending 30 June 2008 by the prescribed deadline.  The Chief Executive Officer advised the Minister that he was 'satisfied that the required records of assumed identities were kept and audited for the period ending 30 June 2008 as required by the Act.'[2]  He further advised that alternative processes were in place within the ACC to ensure that all statutory reporting requirements are being implemented.

2.10      Tabled with the letter was the ACC's report for 2007-08.  The report indicated that 14 authorisations were issued in the period and that staff and approved persons conducted operations to gather intelligence and evidence against individuals and criminal networks under investigation by the ACC.[3]

2.11      The committee noted that the report title and page two of the letter referred to the wrong reporting period, that is, 2006-07 rather than 2007-08.  An erratum has not yet been tabled in the Senate but the committee understands that one will be presented shortly.

 

Senator Trish Crossin
Committee Chair

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