Portfolio Additional Estimates Statements 2016-17: Attorney-General S Portfolio

Part C: Entity Additional Estimates Statements — Entity name

PortfolioAdditional
Estimates Statements 2016-17

Attorney-General’s Portfolio

Explanations of Additional Estimates 2016-17

ISBN 978-1-925290-92-9 (print)

ISBN 978-1-925290-91-2 (online)

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Contents

Letter of transmittal...... iii

User guide...... vii

Portfolio overview...... 1

Attorney-General’s portfolio overview...... 3

Entity additional estimates statements...... 9

Attorney-General’s Department...... 11

Administrative Appeals Tribunal...... 41

Australian Federal Police...... 55

Federal Court of Australia...... 75

Glossary...... 97

User guide
to the
Portfolio Additional
Estimates Statements

User guide

The purpose of the 2016–17Portfolio Additional Estimates Statements (PAES), like that of the Portfolio Budget Statements, is to inform Senators and Members of Parliament of the proposed allocation of resources to government outcomes by entities within the portfolio. The focus of the PAES differs from the Portfolio Budget Statements in one important aspect. While the PAES includes an entity resource statement to inform Parliament of the revised estimate of the total resources available to an entity, the focus of the PAES is on explaining the changes in resourcing by outcome since the Budget. As such, the PAES provides information on new measures and their impact on the financial and/or non-financial planned performance of programs supporting those outcomes.

The PAES facilitates understanding of the proposed appropriations in Appropriation Bills (Nos. 3 and 4) 2016–17. In this sense the PAES is declared by the Additional Estimates Appropriation Bills to be a ‘relevant document’ to the interpretation of the Bills according to section 15AB of the Acts Interpretation Act 1901.

Whereas the2016–17Mid-Year Economic and Fiscal Outlook is a mid-year budget report which provides updated information to allow the assessment of the government’s fiscal performance against its fiscal strategy, the PAES updates the most recent budget appropriations for entities within the portfolio.

Abbreviations and conventions

The following notations may be used:

–nil

..not zero, but rounded to zero

nanot applicable (unless otherwise specified)

nfpnot for publication

$m$ million

Figures in tables and in the text may be rounded. Discrepancies in tables between totals and sums of components are due to rounding.

Enquiries

If you have any enquiries regarding this publication, please contact Trevor Kennedy, Assistant Secretary, Corporate Services Division in the Attorney-General’s Department on (02) 6141 3493.

Links to Portfolio Budget Statements (including Portfolio Additional Estimates Statements and Portfolio Supplementary Additional Estimates Statements) can be found on the Australian Government Budget website at

Structure of the Portfolio Additional Estimates Statements

The PAES is presented in three parts with subsections.

User guide
Provides a brief introduction explaining the purpose of the PAES.
Portfolio overview
Provides an overview of the portfolio, including a chart that outlines the outcomes for entities in the portfolio.
Entity additional estimates statements
A statement (under the name of the entity) for each entity affected by Additional Estimates.
Section 1: Entity overview and resources / This section details the changes in total resources available to an entity, the impact of any measures since Budget, and the impact of Appropriation Bills Nos. 3 and 4.
Section 2: Revisions to outcomes and planned performance / This section details changes to government outcomes and/or changes to the planned performance of entity programs.
Section 3: Special account flows and budgeted financial statements / This section contains updated explanatory tables on special account flows and revisions to the budgeted financial statements.
Glossary / Explains key terms relevant to the portfolio.

Portfolio overview

Portfolio overview

Attorney-General’s portfoliooverview

The Attorney-General’s portfolio supports the Attorney-General, Senator the HonGeorge Brandis QC, and the Minister for Justice and Minister Assisting the PrimeMinister for Counter-Terrorism, the Hon Michael Keenan MP.

The portfolio comprises the Attorney-General’s Department and 16 portfolio bodies.

The portfolio’s responsibilities are diverse. They encompass national security, law enforcement, criminal intelligence and information, legal services, courts and tribunals, regulation and reform, government records management, and support for Royal Commissions.

A significant measure for the portfolio included in these Additional Estimates Statements is the establishment and commencement of the Royal Commission into the Protection and Detention of Children in the Northern Territoryto inquire into the treatment of children and young persons detained in youth detention facilities administered by the Northern Territory Government.

Figure 1 sets out the structure of the portfolio and the outcome statements for each entity. There has been one structural change since the 2016–17 Portfolio Budget Statements: in May 2016, Parliament passed the Australian Crime Commission Amendment (National Policing Information) Act 2016. The legislation merged the Australian Crime Commission and CrimTrac to create a new Commonwealth law enforcement and criminal intelligence agency—the Australian Criminal Intelligence Commission (ACIC). The ACIC formally commenced operations on 1 July 2016.

Figure 1: Attorney-General’s portfolio structure and outcomes

Attorney-General:
Senator the Hon George Brandis QC
Minister for Justice and Minister Assisting the Prime Minister for
Counter-Terrorism:
The Hon Michael Keenan MP
Attorney-General’s Department
Secretary: Mr Chris Moraitis PSM
Outcome 1: / A just and secure society through the maintenance and improvement of Australia’s law and justice framework and its national security and emergency management system
Administrative Appeals Tribunal
Registrar: Ms Sian Leathem
Outcome 1: / Provide correct or preferable decisions through a mechanism of independent review of administrative decisions that is accessible, fair, just, economical, informal, quick and proportionate
Australian Commission for Law Enforcement Integrity
Integrity Commissioner: Mr Michael Griffin AM
Outcome 1: / Independent assurance to the Australian Government that Commonwealth law enforcement agencies and their staff act with integrity by detecting, investigating and preventing corruption
Australian Criminal Intelligence Commission
Chief Executive Officer: Mr Chris Dawson APM
Outcome 1: / Reduced serious and organised crime threats of most harm to Australians and the national interest including through providing the ability to understand, discover and respond to such threats
Outcome 2: / Access to information that supports law enforcement agencies through collaborative national information systems and services
Australian Federal Police
Commissioner: Mr Andrew Colvin APM OAM
Outcome 1: / Reduced criminal and security threats to Australia’s collective economic and societal interests through co-operative policing services
Outcome 2: / A safe and secure environment through policing activities on behalf of
the Australian Capital Territory Government
Australian Financial Security Authority
Chief Executive and Inspector-General in Bankruptcy: Ms Veronique Ingram PSM
Outcome 1: / Improved and equitable financial outcomes for consumers, business and the community through application of bankruptcy and personal property securities laws, regulation of personal insolvency practitioners, and trustee services
Australian Human Rights Commission
President and Chief Executive Officer: Professor Gillian Triggs
Outcome 1: / An Australian society in which human rights are respected, protected and promoted through independent investigation and resolution of complaints, education and research to promote and eliminate discrimination, and monitoring, and reporting on human rights
Australian Institute of Criminology(a)
Acting Chief Executive Officer: Mr Chris Dawson APM
Outcome 1: / Informed crime and justice policy and practice in Australia by undertaking, funding and disseminating policy-relevant research of national significance; and through the generation of a crime and justice evidence base and national knowledge centre
Australian Law Reform Commission
President and Chief Executive Officer: Professor Rosalind Croucher AM
Outcome 1: / Informed government decisions about the development, reform and harmonisation of Australian laws and related processes through
research, analysis, reports and community consultation and education
Australian Security Intelligence Organisation
Director-General of Security: Mr Duncan Lewis AO DSC CSC
Outcome 1: / To protect Australia, its people and its interests from threats to security through intelligence collection, assessment and advice to Government
Australian Transaction Reports and Analysis Centre
Chief Executive Officer: Mr Paul Jevtovic APM
Outcome 1: / The protection of the financial system from criminal abuse through actionable financial intelligence and collaboration with domestic and international partners
Federal Court of Australia
Chief Executive Officer and Principal Registrar: Mr Warwick Soden OAM
Outcome 1: / Apply and uphold the rule of law for litigants in the Federal Court of Australia and parties in the National Native Title Tribunal through the resolution of matters according to law and through the effective management of the administrative affairs of the Court and Tribunal
Outcome 2: / Apply and uphold the rule of law for litigants in the Family Court of Australia through the resolution of family law matters according to law, particularly for more complex family law matters and through the effective management of the administrative affairs of the Court
Outcome 3: / Apply and uphold the rule of law for litigants in the Federal Circuit Court of Australia through more informal and streamlined resolution of family law and general federal law matters according to law, through the encouragement of appropriate dispute resolution processes and through the effective management of the administrative affairs of the Court
Outcome 4: / Improved administration and support of the resolution of matters according to law for litigants in the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia and parties in the National Native Title Tribunal through efficient and effective provision of shared corporate services
High Court of Australia
Chief Executive and Principal Registrar: Mr Andrew Phelan
Outcome 1: / To interpret and uphold the Australian Constitution and perform the functions of the ultimate appellate Court in Australia
National Archives of Australia
Director-General: Mr David Fricker
Outcome 1: / To promote the creation, management and preservation of authentic, reliable and usable Commonwealth records and to facilitate Australians’ access to the archival resources of the Commonwealth
Office of the Australian Information Commissioner
Acting Australian Information Commissioner: Mr Timothy Pilgrim PSM
Outcome 1: / Provision of public access to Commonwealth Government information, protection of individuals’ personal information, and performance of information commissioner, freedom of information and privacy functions
Office of the Director of Public Prosecutions
Director: Ms Sarah McNaughton SC
Outcome 1: / Contribute to a fair, safe and just society by delivering an effective, independent prosecution service in accordance with the Prosecution Policy of the Commonwealth
Office of Parliamentary Counsel
First Parliamentary Counsel: Mr Peter Quiggin PSM
Outcome 1: / A body of Commonwealth laws and instruments that give effect to intended policy, and that are coherent, readable and readily accessible, through the drafting and publication of those laws and instruments

(a) At the date of publication, a Bill to merge the Australian Institute of Criminology with the Australian Criminal Intelligence Commission is before Parliament.

Portfolio overview

Entity additional estimates statements

Attorney-General’s Department

Section 1: Entity overview and resources

1.1Strategic direction statement

The strategic direction statement for the Attorney-General’s Department can be found in the 2016–17 Portfolio Budget Statements. There has been no change to the department’s strategic direction as a result of Additional Estimates.

The major measures for the department at Additional Estimates are the provision of $15.0m over three years for protecting the rights of older Australians from all forms of abuse; $40.0m million over four years for the establishment of the Safer Communities Fund; and $11.4m over three years for new initiatives to break the cycle of domestic and family violence, which comprises $0.3m to support and evaluate the Family Advocacy and Support Services to be delivered by legal aid commissions, $6.2m for pilots of legally-assisted family dispute resolution and $4.9m for extension of legal assistance pilots under the Women’s Safety Package. These measures deliver on the government’s election commitments.

Funding is also being provided for the Royal Commission into the Protection and Detention of Children in the Northern Territory. The Royal Commission was established toinquire into the treatment of children and young persons detained in youth detention facilities administered by the Northern Territory Government.

1.2Entity resource statement

The entity resource statement details the resourcing for the departmentat Additional Estimates. Table 1.1 outlines the total resourcing available from all sources for the 2016–17Budget year, including variations through Appropriation Bills Nos.3 and4, special appropriations and special accounts.

Table 1.1: Entity resource statement—additional estimates for 2016–17as at Additional Estimates February 2017

Actual
available appropriation 2015–16
$’000 / Estimate
as at
Budget 2016–17 $’000 / Proposed Additional Estimates 2016–17 $’000 / Total estimate at Additional Estimates 2016–17
$’000
DEPARTMENTAL
Annual appropriations—ordinary annual services(a)
Prior year appropriations available(b) / 66,036 / 41,356 / – / 41,356
Departmental appropriation / 194,013 / 192,051 / 8,538 / 200,589
s 74 retained revenue receipts(c) / 49,819 / 33,579 / 10,154 / 43,733
Departmental capital budget(d) / 16,533 / 12,675 / 3,098 / 15,773
Annual appropriations—other services—non-operating(e)
Prior year appropriations available(b) / 5,470 / – / – / –
Equity injection / 29,786 / 3,653 / 1,078 / 4,731
Total departmental annual appropriations / 361,657 / 283,314 / 22,868 / 306,182
Special accounts(f)
Opening balance / 3,458 / 41,637 / (15,851) / 25,786
Appropriation receipts(g) / 30,421 / – / – / –
Non-appropriation receipts / 68,136 / 131,481 / 11,988 / 143,469
Total special accounts / 102,015 / 173,118 / (3,863) / 169,255
Less departmental appropriations drawn from annual or special appropriations and credited to special accounts / (30,421) / – / – / –
Total departmental resourcing / 463,672 / 456,432 / 19,005 / 475,437
ADMINISTERED
Annual appropriations—ordinary annual services(a)
Outcome 1 / 504,750 / 470,049 / 138,222 / 608,271
Outcome 2 / 89,612 / – / – / –
Administered capital budget(h) / 2,497 / 856 / – / 856
Payments to corporate entities(i) / 265,673 / – / – / –
Annual appropriations—other services—non-operating(e)
Prior year appropriations available(b) / 64,359 / 41,940 / – / 41,940
Administered assets and liabilities / 6,949 / 1,374 / 19,338 / 20,712
Payments to corporate entities(i) / 25,131 / – / – / –
Annual appropriations—other services—specific payments to states, ACT, NT and local government(e)
Outcome 1 / 4,746 / 7,248 / – / 7,248
Total administered annual appropriations / 963,717 / 521,467 / 157,560 / 679,027
Total administered special appropriations(j) / 23,720 / 1,187 / 1,267 / 2,454

Table 1.1: Entity resource statement—additional estimates for 2016–17 as at Additional Estimates February 2017 (continued)

Actual
available appropriation 2015–16
$’000 / Estimate
as at
Budget 2016–17 $’000 / Proposed Additional Estimates 2016–17 $’000 / Total estimate at Additional Estimates 2016–17
$’000
Special accounts(f)
Opening balance / 14,082 / 3,884 / 16,847 / 20,731
Appropriation receipts(g) / 465 / – / – / –
Non-appropriation receipts / 22,474 / 26,919 / (8,200) / 18,719
Total special account receipts / 37,021 / 30,803 / 8,647 / 39,450
Less administered appropriations drawn from annual or special appropriations and credited to special accounts / (465) / – / – / –
Less payments to corporate entities from annual or special appropriations / (290,804) / – / – / –
Total administered resourcing / 1,024,458 / 553,457 / 167,474 / 720,931
Total net resourcing for entity / 1,488,130 / 1,009,889 / 186,479 / 1,196,368
Actual 2015–16 / 2016–17
Average staffing level (number)(k) / 2,004 / 1,903

Prepared on a resourcing (appropriations available) basis.

Note: All figures are GST exclusive and may not match the figures in the cash flow statement.

(a) Appropriation Act (No. 1) 2016–17 and Appropriation Bill (No. 3) 2016–17.

(b) Excludes funding that is withheld under section 51 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

(d) Departmental capital budgets are not separately identified in Appropriation Act (No.1) and form part of ordinary annual services items. See Table 3.6 for further details. For accounting purposes, this amount is designated as ‘contributions by owners’.

(e) Appropriation Act (No. 2) 2016–17 and Appropriation Bill (No. 4) 2016–17.

(f) Excludes ‘special public money’ held in an account such as a Services for Other Entities and Trust Moneys Special Account. For further information on special accounts, see Table 3.1.

(g) Amounts credited to special accounts from the department’s annual and special appropriations. The 2015–16 actual available appropriation comprises a one-off equity injection of $29.786m to the Australian Government Solicitor Operational Special Account and appropriation receipts of $0.635m to the Indigenous Repatriation Special Account.

(h) Administered capital budgets are not separately identified in Appropriation Act (No. 1) and form part of ordinary annual services items. See Table 3.11 for further details. For accounting purposes, this amount is designated as ‘contributions by owners’.

(i) ‘Corporate entities’ are corporate Commonwealth entities and Commonwealth companies as defined under the PGPA Act.

(j) For further information on special appropriations, see Table 2.1.

(k) See the notes to Table 2.1 for a breakdown of staffing numbers.

Third-party payments from and on behalf of other entities

Actual
available appropriation 2015–16
$’000 / Estimate
as at
Budget 2016–17 $’000 / Proposed Additional Estimates 2016–17 $’000 / Total estimate at Additional Estimates 2016–17
$’000
Payments made on behalf of another entity (as disclosed in the respective entity’s resource statement)
Australian Public Service Commission—Remuneration Tribunal Act 1973 (s 7) / – / 3,943 / – / 3,943
Administered Act 1
Australia Council / 135,000 / – / – / –
Australian Film, Television and Radio School / 10,024 / – / – / –
Australian National Maritime Museum / 14,881 / – / – / –
National Film and Sound Archive of Australia / 11,900 / – / – / –
National Gallery of Australia / 33,085 / – / – / –
National Library of Australia / 20,925 / – / – / –
National Museum of Australia / 23,140 / – / – / –
National Portrait Gallery of Australia / 6,000 / – / – / –
Screen Australia / 10,718 / – / – / –
Total Administered Act 1 / 265,673 / – / – / –
Administered Act 2
Australian National Maritime Museum / 1,312 / – / – / –
National Film and Sound Archive of Australia / 817 / – / – / –
National Gallery of Australia / 16,829 / – / – / –
National Library of Australia / 4,030 / – / – / –
National Museum of Australia / 1,944 / – / – / –
National Portrait Gallery of Australia / 199 / – / – / –
Total Administered Act 2 / 25,131 / – / – / –

1.3Entity measures

Table 1.2 summarises new government measures taken since the 2016–17 Budget. The table is split into expense and capital measures, with the affected programidentified.