AG - Final Print Version - 161209

List of Australian Government Bodies and Governance Relationships as at 1 October 2009

ATTORNEY-GENERAL’S PORTFOLIO1

ATTORNEYGENERAL’SPORTFOLIO

CATEGORY / NUMBER OF BODIES
A. Departmental Bodies / 13
A1.Department of State / 1
A2.Functions with Distinct Branding / 0
A3.Ministerial Councils / 6
A4.Joint Commonwealth-State Bodies / 1
A5.International Bodies / 1
A6.Advisory Bodies / 4
B. Departmental Bodies Recognised in Legislation / 25
B1.Statutory Authorities, Statutory Committees and Royal Commissions / 9
B2.Statutory Office Holders / 16
B3.Business Operations / 0
C. Prescribed Agencies under the FMA Act / 17
D. Commonwealth Authorities under the CAC Act / 4
E. Statutory Corporations
(that are neither Commonwealth Authorities nor encompassed in an FMA Act Agency) / 0
F. Commonwealth Companies under the CAC Act / 0
F1.Limited by Guarantee / 0
F2.Limited by Shares / 0
G. Other Companies / 2
G1.Limited by Guarantee / 2
G2.Limited by Shares / 0
H. Other Entities / 1
H1.Partnerships and Joint Ventures / 0
H2.Incorporated Associations / 1
H3.Trusts / 0
TOTAL / 62
A. / A. DEPARTMENTAL BODIES
A1. DEPARTMENT OF STATE
Attorney-General’s Department (theDepartment)
Creation Date: / 1 January 1901
Established By/Under: / Australian Constitution, also Administrative Arrangements Order
Annual Report Tabled: / Yes, section 63 of the Public Service Act 1999 (PS Act)
GFS Classification: / GGS
Materiality: / Material
ABN: / 92661124436
Web Site: /
The Department maintains and develops Australia's system of law and justice and its national security and emergency management systems.
Departments of State are recognised under section 64 of theConstitution, the Administrative Arrangements Order, theFinancial Management and Accountability Act 1997 and thePS Act.
A. DEPARTMENTAL BODIES
A3. MINISTERIAL COUNCILS
Corrective Services Ministers’ Conference
Creation Date: / 25 May 1994
Established By/Under: / Council of Australian Governments
Constituted By: / Ministers responsible for corrective services from each of the States, Territories and New Zealand and the Minister forHome Affairsis invited to attend
Annual Report Tabled: / No
Web Site: /
The Conference is a forum for Ministers to consider issues relating to prison and community based corrections including prison management, theillegal use of drugs in custody, AIDS and other infectious diseases, rates of imprisonment and strategies for reducing recidivism.
Secretariat services for the Conference are provided by the Department.
Intergovernmental Committee of the Australian Crime Commission
Creation Date: / 2 July 2003
EstablishedBy/Under: / Australian Crime Commission Act 2002, section 8
Constituted By: / Minister for Home Affairs and Ministers representing each of the States and Territories, usually the Police Minister
Annual Report Tabled: / No
Web Site: /
The Committee monitors the work of the Australian Crime Commission (ACC), oversees its strategic direction and receives reports from the ACC for transmission to the governments represented on the Committee.
The Committee monitors the authorisation of the use of coercive powers. This includes the power to revoke determinations of the ACC authorising the use of such powers.
A. DEPARTMENTAL BODIES
Ministerial Council for Police and Emergency Management – Emergency Management
Creation Date: / December 2003
Constituted By: / Commonwealth Attorney-General (Chair), Ministers responsible for emergency management from each State and Territory and NewZealand and the President of the Australian Local Government Association.
EstablishedBy/Under: / Council of Australian Governments’ Review of Natural Disasters in Australia: Reforming mitigation, relief and recovery arrangements
Annual Report Tabled: / No
Web Site: /
The Council oversees the implementation of the Natural Disaster Reform Package, provides national leadership and strategic direction on emergency management and promotes best practice in emergency management among jurisdictions.
Ministerial Council for Police and Emergency Management – Police
Creation Date: / 1980
Established By/Under: / Council of Australian Governments
Constituted By: / Ministers responsible for police from the Commonwealth, States, Territories and New Zealand
Annual Report Tabled: / No
Web Site: /
The Council convenes to consider and coordinate policy on law enforcement policy in Australia and New Zealand.
A. DEPARTMENTAL BODIES
Ministerial Council on the Administration of Justice
Creation Date: / 25 June 2004
Established By/Under: / Council of Australian Governments
Constituted By: / Ministerial Council for Police and Emergency Management – Police, theMinisterial Council for Police and Emergency Management – Emergency Management,the Inter-Governmental Committee of the Australian Crime Commission and the Corrective Services Ministers’ Conference.
Annual Report Tabled: / No
Web Site: /
The Council is the peak body which comprises the three Ministerial Councils described above. Itconvenes to review the progress of the three councils for the purposes of reporting to the Council of Australian Governments.
Secretariat services for the Council are provided by the Department.
Standing Committee of Attorneys-General(SCAG)
Creation Date: / 18 June 1959
Established By/Under: / Agreement of the Commonwealth, State and Territory AttorneysGeneral
Constituted By: / Commonwealth, State and Territory Attorneys-General, theMinister for Home Affairs and the New Zealand Minister for Justice. TheNorfolk Island Attorney-General is an observer.
Annual Report Tabled: / No
Web Site: /
SCAG provides a forum for Attorneys-General to discuss and progress matters which require joint action from the Australian, State and Territory governments. It also reviews matters which involve the development of model or uniform model legislation.
A. DEPARTMENTAL BODIES
A4. JOINT COMMONWEALTH-STATE BODIES
Australian Institute of Police Management
Creation Date: / 25 October 1960
Constituted By: / Governing board comprising officials representing the Commonwealth, States, Territories and New Zealand Governments
Appointed By: / Solicitor-General
Annual Report Tabled: / No, but reports in the annual report of the National Common Police Services
Web Site: /
The Institute provides executive development programs for senior officers of the police services and public safety industry in Australia and New Zealand.
The Institute also delivers capacity-building programs on behalf of the AFP for the Solomon Islands Police Force and the Iraqi Police Force.
AIPM staff are employed under the AustralianFederal Police Act1979.
A. DEPARTMENTAL BODIES
A5. INTERNATIONAL BODIES
Asia/Pacific Group on Money Laundering
Creation Date: / 27 February 1997
Established By/Under: / International agreement
Constituted By: / 39 member jurisdictions in the Asia/Pacific region
Annual Report Tabled: / No
Web Site: /
The Group promotes its members' compliance with agreed standards and develops strategic plans relating to anti-money laundering and combating financing of terrorism.
Australia is a permanent co-chair of the Group and provides assistance through the provision of membership contributions, accommodation and administrative support through the Australian Crime Commission.
A. DEPARTMENTAL BODIES
A6. ADVISORY BODIES
Critical Infrastructure Advisory Council
Creation Date: / 2 April 2003
Constituted By: / Officials representing Infrastructure Assurance Advisory Groups (IAAGs) of each State and Territory, relevant Australian Government agencies and the National Counter-Terrorism Committee
Appointed By: / Attorney-General
Annual Report Tabled: / No
Web Site: /
The Council oversees the IAAGs and advises the Attorney-General on the national approach to the protection of critical infrastructure.
The Council is chaired by the Department, which also provides Secretariat support.
International Legal Services Advisory Council
Creation Date: / August 1990
Constituted By: / 20 members comprising volunteers from the private legal sector, legal education institutions and relevant government agencies
Appointed By: / Attorney-General
Annual Report Tabled: / No
Web Site: /
The Council advises the Attorney-General on international issues relevant to trade in legal services, legal education and commercial dispute resolution.
A. DEPARTMENTAL BODIES
National Alternative Dispute Resolution Advisory Council (NADRAC)
Creation Date: / October 1995
Constituted By: / 15members, comprising persons appointed on the basis of individual expertise in dispute resolution
Appointed By: / Attorney-General
Annual Report Tabled: / No
Web Site: /
NADRAC advises the Attorney-General on the development of efficient methods of resolving disputes without the need for a judicial decision.
NationalIntercountry Adoption Advisory Group
Creation Date: / 30 March 2008
Constituted By: / 16members, comprising representatives from the States and the Territories, a representative from the adoptee community and a representative from professionals involved in adoption matters
Appointed By: / Attorney-General
Annual Report Tabled: / No
Web Site: /
The Group advises the Attorney-General and the Department on issues relating to the adoption of children from overseas, andprovides a forum for stakeholders in adoption services to provide their views to the Australian Government.
Secretariat services for the Group are provided by the Department.
B. / B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
B1. STATUTORY AUTHORITIES, STATUTORYCOMMITTEES AND ROYAL COMMISSIONS
Administrative Review Council
Creation Date: / 15 December 1976
Established By/Under: / Administrative Appeals Tribunal Act 1975, section 48
Constituted By: / 11 members comprising persons with relevant industry knowledge
Appointed By: / Governor-General (except for the President of the Australian Law Reform Commission and the Commonwealth Ombudsman)
Annual Report Tabled: / Yes, section 58 of the Administrative Appeals Tribunal Act 1975
Web Site: /
The Council advises the Attorney-General on administrative law matters.
The Act provides that the staff of the Council are to be employed under the Public Service Act1999 (PSAct), but does not create a statutory agency for the purposes of the PS Act.
Admiralty Rules Committee
Creation Date: / 5 April 1990
Established By/Under: / Admiralty Act 1988, section 42
Constituted By: / 7 members, including a judge of the Supreme Court of a State or Territory and a judge of the Federal Court of Australia
Appointed By: / Attorney-General
Annual Report Tabled: / No
Web Site: / No current web site available
The Committee advises the Attorney-General about rules concerning the practice and procedure to be followed in courts exercising jurisdiction under the Act, and matters incidental to such practice and procedure.
B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
Canberra National Memorials Committee
Creation Date: / 30 August 1928
Established By/Under: / National Memorials Ordinance 1928
Constituted By: / Prime Minister (Chair), Minister for Home Affairs, Leader of the Opposition, Leaders of the Government and Opposition in the Senate, Chief Executive of the National Capital Authority and 2 members recognized as authorities on Australian history.
Appointed By: / Governor-General appoints the 2 historical experts
Annual Report Tabled: / No
Web Site: / No current web site available
The Committee approves the location and character of national memorials and is supported administratively by the National Capital Authority (seeSection C).
Copyright Tribunal
Creation Date: / 1 May 1969
Established By/Under: / Copyright Act 1968, section138
Constituted By: / President and such number of Deputy Presidents and members as are appointed
Appointed By: / Governor-General
Annual Report Tabled: / No, but reported in the annual report of the Federal Court ofAustralia
Web Site: /
The Tribunal has jurisdiction to hear matters relating to statutory licensing and the voluntary licensing of copyright materials.
The Act also creates the office of Secretary to the Tribunal. Section170 of the Act provides that the Secretary, and any other staff necessary to assist the Tribunal, shall be persons employed under, or whose services are made available in accordance with arrangements made under the Public Service Act1999.
B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
Defence Force Discipline Appeals Tribunal
Creation Date: / 1 June 1957
Established By/Under: / Defence Force Discipline Appeals Act 1955, section 6
Constituted By: / President, Deputy President and members as appointed
Appointed By: / Governor-General
Annual Report Tabled: / No
Web Site: /
The Tribunal has jurisdiction to hear matters prescribed under the Act, including appeals by a convicted person or a prescribed acquitted person against his or her conviction, or his or her prescribed acquittal. An appeal on a ground that is not a question of law may only be brought by leave of the Tribunal.
The Act creates a Registrar appointed by the Attorney-General, and provides that the Attorney-General may also appoint such Deputy Registrars as are necessary. The Registrar and any Deputy Registrars are employed under the Public Service Act1999.
Family Law Council
Creation Date: / 21 November 1976
Established By/Under: / Family Law Act 1975, section 115
Constituted By: / A judge of the Family Court and such other judges, persons appointed or engaged under the Public Service Act 1999, State public servants, family counsellors, family dispute resolution practitioners and other persons as the Attorney-General thinks fit.
Appointed By: / Attorney-General
Annual Report Tabled: / Yes, section 115 of the Family Law Act 1975
Web Site: /
The Council advises the Attorney-General about family law matters, the Family Law Act1975, and theprovision of legal aid for family law matters.
B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
Federal Police Discipline Tribunal
Creation Date: / 1 May 1982
Established By/Under: / Complaints (Australian Federal Police) Act 1981, section 54
Constituted By: / President and Deputy Presidents
Appointed By: / Governor-General
Annual Report Tabled: / Yes, section 86 of the Complaints (Australian Federal Police) Act 1981
Web Site: /
The Tribunal deals with disciplinary offences under the Australian Federal Police (Discipline) Regulations 1979.
Inaddition, the Minister may refer to the Tribunal, for inquiry and report, any matter relating to the Australian Federal Police.
High Court of Australia
Creation Date: / 6 October 1903
Established By/Under: / Australian Constitution (Constitution), section 71 and High Court of Australia Act 1979
Constituted By: / 7 justices
Appointed By: / Governor-General
Annual Report Tabled: / Yes, section 47 of the High Court of Australia Act 1979
GFS Classification: / GGS
Materiality: / Material
ABN: / 69 445 188 986
Web Site: /
The High Court is the highest court in the Australian judicial system. Its functions are to interpret and apply the law of Australia, to hear constitutional cases and appeals byspecial leave, from Federal, State and Territory courts.
Section 71 of the Constitution recognises that there will be a HighCourt of Australia. The Court was originally established by the Judiciary Act 1903. Its enabling legislation is now the High Court of Australia Act1979, which also created the offices of the ChiefExecutive and Principal Registrar to administer the business of the Court.
B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
Industrial Relations Court of Australia (IRCA)
Creation Date: / 30 March 1994
Established By/Under: / Industrial Relations Reform Act 1993, section 56
Constituted By: / Chief Justice and as many other judges as appointed
Appointed By: / Governor-General
Annual Report Tabled: / No
Web Site: /
IRCA is a superior court of law and equity, established by the Industrial Relations Reform Act1993,which amended the Industrial Relations Act 1988.
IRCAcomprises a Chief Justice and as many other judges as hold office under the IndustrialRelations Act 1988. This jurisdiction has now transferred to the Federal Court of Australia, however, the Court continues to exist until the last of its judges retires or resigns (Schedule16).
The last proceedings of this Court were finalised in 2006, and annual reports have not been prepared since that time.
Six judges continue to hold commissions to the Court. The last judge will reach compulsory retirement age (70) in 2025.
B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
B2. STATUTORY OFFICE HOLDERS
Aboriginal and Torres Strait Islander Social Justice Commissioner
Creation Date: / 13 January 1993
Established By/Under: / Human Rights Commission Act 1986, section46B
Appointed By: / Governor-General
Annual Report Tabled: / Yes, section 45 of the Human Rights Commission Act 1986.
Web Site: /
The Commissioner is part of the Australian Human Rights Commission and reviews the impact of laws and policies on Indigenous peoples, reports on Indigenous social justice and native title issues and the enjoyment and exercise of human rights for Indigenous Australians.
TheCommissioner also reports within the annual report of the Commission and is required to provide an annual report on the operation of the Native Title Act 1993 and the effect of that Act on the enjoyment and exercise of human rights by Aboriginal peoples and Torres Strait Islanders.
Christmas Island Administrator
Creation Date: / 31 May 1968
Established By/Under: / Administration Ordinance 1968, section 6
Appointed By: / Governor-General
Annual Report Tabled: / No
Web Site: /
The Administrator is the most senior Australian Government representative in the Territory and is responsible for the law, order and good governance of the Territory.
B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
Classification Board
Creation Date: / 1 January 1996
Established By/Under: / Classification (Publications, Films and Computer Games) Act1995, section 45
Constituted By: / Up to 20 members, comprising the Director, a Deputy Director,aSeniorClassifier and other members (who are persons chosen to be broadly representative of the Australian community)
Appointed By: / Governor-General
Annual Report Tabled: / Yes, section 67 of the Classification (Publications, Films and Computer Games) Act1995
Web Site: /
The Board makes classification decisions about films, computer games and publications. Principles for decision-making are set out in the National Classification Code.
On 30 June 2006, theOffice of Film and Literature Classification was de-prescribed as an agency under the Financial Management and Accountability Act1997. The staff that assist the statutory office holders in performing their prescribed functions are made available by the Secretary of the Department.
Classification Review Board
Creation Date: / 1 January 1996
Established By/Under: / Classifications (Publications, Films and Computer Games) Act1995, section 72
Constituted By: / Convenor, Deputy Convenor and members of the Classification Review Board
Appointed By: / Governor-General
Annual Report Tabled: / Yes, section 85 of the Classifications (Publications, Films and Computer Games) Act1995
Web Site: /
The Boardmeets as required to review classification decisions made by the Classification Board, generally in response to an application for review from the original applicant for classification, or the publisher of the film, publication or computer game.
The Convenor manages the business of the Board and may give directions as to the composition of the Board for consideration of particular matters.
B. DEPARTMENTAL BODIES RECOGNISED IN LEGISLATION
Cocos (Keeling) Islands Administrator
Creation Date: / 16 July 1975
Established By/Under: / Administration Ordinance 1975, section 5
Appointed By: / Governor-General
Annual Report Tabled: / No
Web Site: /
The Administrator is the most senior Australian Government representative in the Cocos (Keeling) Islands and is responsible for the law, order and good governance of the Territory.