Attorney-General’s Department

Attorney-General’s Department

Section 1: Entity overview and resources

1.1Strategic directionstatement

The Attorney-General’s Department supports the Attorney-General and the
Minister for Justice and Minister Assisting the Prime Minister for Counter-Terrorism
in achieving a just and secure society.

The department provides legal services to the Commonwealth (including legal advice and representation), protects and promotes national security, and leads within government on justice, law enforcement and emergency management policy.

In 2016–17, the department will pursue the following strategic priorities:

•support the Attorney-General as First Law Officer, including by providing
high-quality legal services to the Commonwealth

•protect Australia by delivering effective national security policies, legislation and programs

•maintain an efficient and effective Commonwealth justice system

•pursue national responses to serious and organised crime, and improve community safety

•enable a free society with balanced rights, freedoms and responsibilities

•provide national leadership in emergency management

•collaborateto achieve significant whole-of-government objectives.

1.2Entity resource statement

Table 1.1 shows the total funding from all sources available to the department for its operations and to deliver programs and services on behalf of the government. The table summarises how resources will be applied by outcome and by administered (on behalf of the government or the public) and departmental (for the entity’s operations) classification.

Table 1.1 is prepared on a resourcing (appropriations and cash available) basis, while the outcome expenses tables in section 2 and the financial statements in section 3 are prepared on an accrual basis.

Table 1.1: Entity resource statement—Budget estimates for 2016–17 as at Budget May 2016

2015–16 Estimated actual
$’000 / 2016–17 Estimate
$’000
DEPARTMENTAL
Annual appropriations—ordinary annual services(a)
Prior year appropriations available(b) / 47,275 / 32,864
Departmental appropriation / 193,288 / 192,051
s 74 retained revenue receipts(c) / 63,824 / 33,579
Departmental capital budget(d) / 16,533 / 12,675
Annual appropriations—other services—non-operating(e)
Prior year appropriations available(b) / 5,469 / –
Equity injection / 29,786 / 3,653
Total departmental annual appropriations / 356,175 / 274,822
Special accounts(f)
Opening balance / 3,458 / 41,637
Appropriation receipts(g) / 30,419 / –
Non-appropriation receipts / 134,984 / 131,481
Total special accounts / 168,861 / 173,118
Less departmental appropriations drawn from annual or special appropriations above and credited to special accounts / (30,419) / –
Total departmental resourcing / 494,617 / 447,940
ADMINISTERED
Annual appropriations—ordinary annual services(a)
Outcome 1 / 500,939 / 470,049
Outcome 2 / 89,577 / –
Administered capital budget(h) / 2,497 / 856
Payments to corporate entities(i) / 265,673 / –
Annual appropriations—other services—non-operating(e)
Prior year appropriations available(b) / 37,168 / 2,477
Administered assets and liabilities / 4,154 / 1,374
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
Total administered annual appropriations / 929,885 / 482,004
Total administered special appropriations(j) / 29,111 / 1,187
Special accounts(f)
Opening balance / 14,082 / 3,884
Appropriation receipts(g) / 499 / –
Non-appropriation receipts / 43,710 / 26,919
Total special accounts / 58,291 / 30,803
Less administered appropriations drawn from annual or special appropriations and credited to special accounts / (499) / –
Less payments to corporate entities from annual or special appropriations / (290,804) / –
Total administered resourcing / 725,984 / 513,994
Total net resourcing for entity / 1,220,601 / 961,934
2015–16 / 2016–17
Average staffing level (number)(k) / 2,034 / 1,832

Notes to Table 1.1

Prepared on a resourcing (appropriations and cash available) basis.

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

(a) Appropriation Bill (No. 1) 2016–17.

(b) Excludes funding that is subject to administrative quarantine by Finance or withheld under section 51 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

(c) Estimated retained revenue receipts under section 74 of the PGPA Act.

(d) Departmental capital budgets are not separately identified in Appropriation Bill (No.1) and form part of ordinary annual services items. See Table 3.5 for further details. For accounting purposes, this amount is designated as ‘contributions by owners’.

(e) Appropriation Bill (No. 2) 2016–17.

(f) Excludes ‘special public money’ held in an accountsuch asa Services for Other Entities and Trust Moneys special account. For further information on special accounts, see Budget Paper No.4: Agency Resourcing. See alsoTables2.1.1 and 2.2.1 for further information on outcome and program expenses broken down by various funding sources, such as annual appropriations, special appropriations and special accounts.

(g) Amounts credited to special accounts from the department’s annual and special appropriations.The 2015–16 estimated actual figure comprises a one-off equity injection of $29.786m to the Australian Government Solicitor Operational Special Account and appropriation receipts of $0.633m to the Indigenous Repatriation Special Account.

(h) Administered capital budgets are not separately identified in Appropriation Bill (No.1) and form part of ordinary annual services items. See Table3.10 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 Budget Paper No. 4: Agency Resourcing. See also Tables2.1.1 and 2.2.1 for further information on outcome and program expenses broken down by various funding sources, such as annual appropriations, special appropriations and special accounts.

(k) See the notes to Table 2.1.1 for a breakdown of staffing numbers.

Third-party payments from and on behalf of other entities

2015–16 Estimated actual
$’000 / 2016–17 Estimate
$’000
Payments made on behalf of another entity (as disclosed in the respective entity’s resource statement) / 3,866 / 3,943
Australian Public Service Commission—Remuneration Tribunal Act1973(s7) / 3,866 / 3,943
Payments made to corporate entities in the portfolio / 290,804 / –
Administered Bill 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 Bill 1 / 265,673 / –
Administered Bill 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 Bill 2 / 25,131 / –

1.3Budget measures

Budget measures announced since the 2015–16 Mid-Year Economic and Fiscal Outlook(MYEFO) relating to the departmentare detailed in Budget Paper No.2 and are summarised in Part1 of Table1.2. MYEFO measures and other measures not previously reported in a portfolio statement are summarised in Part2.

Table 1.2:Entity 2016–17 Budget measures

Part 1: Measures announced since the 2015–16MYEFO

Program / 2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000 / 2019–20 $’000
Expense measures
Office of the Australian Information Commissioner—continuation / 1.1
Administered expenses / – / – / – / – / –
Departmental expenses / – / (621) / (624) / (627) / (630)
Total / – / (621) / (624) / (627) / (630)
Cyber Security—implementation of Australia’s Cyber Security Strategy(a) / 1.2
Administered expenses / – / – / – / – / –
Departmental expenses / – / 12,798 / 17,368 / 17,324 / 18,292
Total / – / 12,798 / 17,368 / 17,324 / 18,292
Confiscated Assets Account—additional crime prevention activities / 1.7
Administered expenses / 2,018 / 2,018 / – / – / –
Departmental expenses / – / – / – / – / –
Total / 2,018 / 2,018 / – / – / –
Countering Violent Extremism—community support and advice services / 1.7
Administered expenses / – / 4,000 / – / – / –
Departmental expenses / – / – / – / – / –
Total / – / 4,000 / – / – / –
National Aerial Firefighting Centre(b) / 1.7
Administered expenses / – / – / – / – / –
Departmental expenses / – / – / – / – / –
Total / – / – / – / – / –
Royal Commission into Trade Union Governance and Corruption—continuation of the joint police taskforce(c) / 1.9
Administered expenses / (1,900) / – / – / – / –
Departmental expenses / (600) / – / – / – / –
Total / (2,500) / – / – / – / –
Total expense measures
Administered / 118 / 6,018 / – / – / –
Departmental / (600) / 12,177 / 16,744 / 16,697 / 17,662
Total / (482) / 18,195 / 16,744 / 16,697 / 17,662

Part 1: Measures announced since the 2015–16 MYEFO (continued)

Program / 2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000 / 2019–20 $’000
Capital measures
Cyber Security—implementation of Australia’s Cyber Security Strategy(a) / 1.2
Administered capital / – / – / – / – / –
Departmental capital / – / 3,653 / 5,133 / 4,724 / 3,024
Total / – / 3,653 / 5,133 / 4,724 / 3,024
Royal Commission into Trade Union Governance and Corruption—continuation of the joint police taskforce(c) / 1.9
Administered capital / (500) / – / – / – / –
Departmental capital / – / – / – / – / –
Total / (500) / – / – / – / –
Trans-Pacific Partnership—implementation(d) / 1.9
Administered capital / – / – / – / – / –
Departmental capital / – / 300 / – / – / –
Total / – / 300 / – / – / –
Total capital measures
Administered / (500) / – / – / – / –
Departmental / – / 3,953 / 5,133 / 4,724 / 3,024
Total / (500) / 3,953 / 5,133 / 4,724 / 3,024

Prepared on a Government Finance Statistics (fiscal) basis. Figures displayed as a negative represent a decrease in funds, and figures displayed as a positive represent an increase in funds.

(a)The lead entity for this measure is the Department of the Prime Minister and Cabinet. The full measure description and package details appear in Budget Paper No.2 under the Prime Minister and Cabinet portfolio.

(b) Additional funding of $0.500m will be provided to the National Aerial Firefighting Centre in 2015–16. This will be met from within the department’s existing resourcing.

(c) Funding not required for the Royal Commission into Trade Union Governance and Corruption has been reallocated to the Australian Federal Police for the continuation of the joint police taskforce.

(d) This is a cross-portfolio measure. The lead entity is the Department of Foreign Affairs and Trade.

Part 2: MYEFO measures and other measures not previously reported in a portfolio statement

Program / 2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000 / 2019–20 $’000
Expense measures
Public Sector Savings—Shared and Common Services Programme(a)
Departmental expenses / 1.1, 1.2 / – / (26) / (52) / (52) / –
Total expense measures / – / (26) / (52) / (52) / –

Prepared on a Government Finance Statistics (fiscal) basis.Figures displayed as a negative represent a decrease in funds, and figures displayed as a positive represent an increase in funds.

(a) This is a cross-portfolio measure that was published in the 2015–16 MYEFO. The lead entity is the Department of Finance.

Section 2: Outcomes and planned performance

Government outcomes are the intended results, impacts or consequences of actions by the government on the Australian community. Commonwealth programs are the primary vehicle by which government entities achieve the intended results of their outcome statements. Entities are required to identify the programsthat contribute to government outcomes over the budget and forward years.

The department’s outcome is described below together with its related programs.

Note:From 1 July 2015, performance reporting requirements in the Portfolio Budget Statements sit alongside the requirements under the enhanced Commonwealth performance framework. It is anticipated that the performance criteria described in Portfolio Budget Statements will be read with broader information provided in an entity’s corporate plans and annual performance statements—included in annual reports from October 2016—to provide the entity’s complete performance story.

2.1Budgeted expenses and performance for Outcome 1

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
Linked programs
Australian Federal Police
Program 1.2: International Police Assistance
Contribution to Outcome 1
The Australian Federal Police contributes to protecting and promoting the rule of law through its support for, and joint delivery of, programs with international and regional organisations and foreign countries.
Bureau of Meteorology
Program 1.1: Bureau of Meteorology
Geoscience Australia
Program 1.1:Geoscientific and spatial information services
Contribution to Outcome 1
The Bureau of Meteorology and Geoscience Australia contribute to building a safe and secure Australia by providing relevant technical expertise to the Australian Government Crisis Coordination Centre and, more broadly, Emergency Management Australia.
Department of Foreign Affairs and Trade
Program 1.1: Foreign Affairs and Trade Operations
Program 1.2: Official Development Assistance
Contribution to Outcome 1
The Department of Foreign Affairs and Trade contributes to protecting and promoting the rule of law in Australia and internationally through its support for the delivery of programs with international and regional organisations and foreign countries, including advocacy and coordination roles at overseas missions.
Department of Human Services
Program 1.1: Services to the Community—Social Security and Welfare
Contribution to Outcome 1
The Department of Human Services contributes to building a safe and secure Australia by delivering, on behalf of the Attorney-General’s Department, the Disaster Recovery Allowance, the Disaster Recovery Payment and the Australian Victims of Terrorism Overseas Payment, and by providing overflow call capacity in times of peak, unexpected demand for the National Security Hotline.
Department of Immigration and Border Protection
Program 1.1: Border Enforcement
Program 2.2: Migration
Program 2.3: Visas
Contribution to Outcome 1
The Department of Immigration and Border Protection contributes to protecting and promoting the rule of law through its support for the delivery of programs with international and regional organisations and foreign countries, including advocacy and coordination roles at overseas missions.
The Department of Immigration and Border Protection contributes to ensuring an effective and efficient justice system by providing advice and information on immigration and citizenship issues to support the management of Australia’s intercountry adoption arrangements.
Department of Industry, Innovation and Science
Program 3: Program Support
Contribution to Outcome 1
The Department of Industry, Innovation and Science contributes to building a safe and secure Australia by providing grants administration services for the Data Retention Industry Grants Program, as part of the government’s broader policy of streamlining grants administration.
Department of the Prime Minister and Cabinet
Program 2.1: Jobs, Land and Economy
Program 2.3: Safety and Wellbeing
Program 2.4: Culture and Capability
Contribution to Outcome 1
The Department of the Prime Minister and Cabinet contributes to protecting and promoting the rule
of law and ensuring an effective and efficient justice system by:
•supporting native title representative bodies and native title service providers within the
native title system
•administering the Indigenous Advancement Strategy, which has synergies with the
Attorney-General’s Department’s Indigenous Legal Assistance Program that funds
organisations to deliver legal assistance services to help Indigenous Australians overcome
their legal problems and fully exercise their legal rights.
Department of Social Services
Program 2.1: Families and Communities
Program 2.3: Social and Community Services
Contribution to Outcome 1
The Department of Social Services contributes to ensuring an effective and efficient justice system by:
•delivering grant funding to legal assistance services to assist Indigenous and other disadvantaged Australians
•administering grants for Family Law Services, which support resolution of family matters
•supporting the management of Australia’s intercountry adoption arrangements through the operation of the Intercountry Adoption Australia service.
Department of the Treasury
Program 1.9: National Partnership Payments to the states
Contribution to Outcome 1
The Department of the Treasury contributes to building a safe and secure Australia by making payments under the Natural Disaster Resilience Program, National Bushfire Mitigation Program, Natural Disaster Relief and Recovery Arrangements, Disaster Relief Appeals and Schools Security Program to the states and territories, on behalf of the Attorney-General’s Department.
The Department of the Treasury contributes to protecting and promoting the rule of law and ensuring an effective, efficient and accessible justice system by delivering funding to the states and territories for legal assistance services under the National Partnership Agreement on Legal Assistance Services 2015–20.
Budgetedexpensesfor Outcome 1

Table 2.1.1 shows how much the department intends to spend (on an accrual basis) on achieving Outcome 1, broken down by program and by administered and departmental funding sources.

Table 2.1.1: Budgeted expenses for Outcome 1

2015–16 Estimated actual
$’000 / 2016–17
Budget
$’000 / 2017–18 Forward estimate
$’000 / 2018–19 Forward estimate
$’000 / 2019–20
Forward estimate
$’000
Program 1.1: Attorney-General’s Department Operating Expenses—
Civil Justice and Legal Services
Departmental expenses
Departmental appropriation / 69,792 / 61,540 / 60,837 / 57,954 / 58,231
s 74 retained revenue receipts(a)(b) / 22,248 / 3,490 / 3,368 / 3,207 / 3,174
Expenses not requiring appropriation in the budget year(c) / 14,380 / 10,667 / 9,961 / 10,212 / 10,883
Total expenses for program 1.1 / 106,420 / 75,697 / 74,166 / 71,373 / 72,288
Program 1.2: Attorney-General’s Department Operating Expenses—National Security and Criminal Justice
Departmental expenses
Departmental appropriation / 114,289 / 130,511 / 129,961 / 130,938 / 132,329
s 74 retained revenue receipts(b) / 39,196 / 30,089 / 32,093 / 30,088 / 30,501
Expenses not requiring appropriation in the budget year(d) / 11,785 / 8,519 / 7,291 / 7,403 / 7,952
Total expenses for program 1.2 / 165,270 / 169,119 / 169,345 / 168,429 / 170,782
Program 1.3: Australian Government Solicitor
Departmental expenses
Special accounts
Australian Government Solicitor Operational Special Account / 138,450 / 139,269 / 142,054 / 144,490 / 146,982
Total expenses for program 1.3 / 138,450 / 139,269 / 142,054 / 144,490 / 146,982

Table 2.1.1: Budgeted expenses for Outcome 1 (continued)

2015–16 Estimated actual
$’000 / 2016–17
Budget
$’000 / 2017–18 Forward estimate
$’000 / 2018–19 Forward estimate
$’000 / 2019–20
Forward estimate
$’000
Program 1.4: Justice Services
Administered expenses
Ordinary annual services
(Appropriation Bill No. 1)
Community Legal Services Program / 9,254 / 7,906 / 7,704 / 2,627 / 2,661
Courts and tribunals reform / – / – / – / 150 / –
Expensive Commonwealth Criminal Cases Fund / 3,794 / 4,610 / 3,682 / 3,733 / 3,784
Family Court of Western Australia / 13,426 / 13,606 / 13,780 / 13,959 / 14,139
Financial assistance towards legal costs and related expenses / 3,134 / 3,280 / 3,323 / 3,367 / 3,411
Financial assistance towards legal costs and related expenses—expenses for witnesses to the Royal Commission into Institutional Responses to Child Sexual Abuse / 6,960 / 5,940 / 660 / – / –
Financial assistance towards legal costs and related expenses—expenses for witnesses to the Royal Commission into Trade Union Governance and Corruption / 1,787 / – / – / – / –
Native Title Respondents Scheme / 1,597 / 1,625 / 1,653 / 1,681 / 1,703
Payments for grants to Australian organisations / 882 / 983 / 1,011 / 980 / 993
Payments for membership of international bodies / 650 / 444 / 354 / 365 / 376
Payments for services under the Family Law Act 1975 and the Child Support Scheme legislation / 1,694 / 1,734 / 1,763 / 1,790 / 1,813
Payments for the provision of community legal services—legal advice service supporting the Royal Commission into Institutional Responses to Child Sexual Abuse / 5,000 / 5,000 / 5,000 / – / –
Payments to Law Courts Limited for contributions to operating and capital expenses / 3,421 / 3,454 / 3,499 / 3,545 / 3,590
Special appropriations
Law Officers Act 1964 / 450 / 450 / 450 / 450 / 450
Public Governance, Performance and Accountability Act 2013 s 77 / 117 / 117 / 117 / 117 / 117
Total expenses for program 1.4 / 52,166 / 49,149 / 42,996 / 32,764 / 33,037
Program 1.5: Family Relationships
Administered expenses
Ordinary annual services
(Appropriation Bill No. 1)
Family Relationships Services Program / 162,627 / 162,128 / 164,356 / 166,566 / 168,732
Total expenses for program 1.5 / 162,627 / 162,128 / 164,356 / 166,566 / 168,732

Table 2.1.1: Budgeted expenses for Outcome 1 (continued)

2015–16
Estimated
actual
$’000 / 2016–17
Budget
$’000 / 2017–18
Forward
estimate
$’000 / 2018–19 Forward estimate
$’000 / 2019–20
Forward estimate
$’000
Program 1.6: Indigenous Legal and Native Title Assistance
Administered expenses
Ordinary annual services
(Appropriation Bill No. 1)
Indigenous Legal Assistance Program / 72,387 / 73,585 / 69,099 / 68,992 / 69,890
Native title system / 591 / 302 / 310 / 319 / 323
Total expenses for program 1.6 / 72,978 / 73,887 / 69,409 / 69,311 / 70,213
Program 1.7: National Security and Criminal Justice
Administered expenses
Ordinary annual services
(Appropriation Bill No. 1)
Asia–Pacific Rule of Law Aid / 941 / 1,360 / – / – / –
ASNet Support to National Security Committee ministers / 898 / 1,725 / 1,751 / 1,777 / 1,801
Australia – New Zealand Counter-Terrorism Committee—special fund and operating expenses / 11,463 / 11,703 / 11,584 / 11,894 / 12,096
Australia’s contribution to the International Criminal Court / 8,706 / 7,741 / 8,059 / 8,203 / 8,318
Counter-terrorism exercises / 1,071 / 1,067 / 1,081 / 1,095 / 1,109
Countering Violent Extremism to Prevent Terrorism / 6,015 / 9,956 / 6,087 / 6,141 / 6,141
Data retention industry capital assistance / 63,488 / 51,602 / 13,120 / – / –
Disaster Resilience Australia—Emergency Warning System Database / 1,716 / 1,741 / 1,765 / 1,786 / 1,809
Disaster Resilience Australia Package / 2,080 / 2,110 / 2,138 / 2,165 / 2,194
National aerial firefighting / 15,304 / 14,804 / 14,804 / 14,938 / 15,132
National Facial Biometric Matching Capability / – / 6,005 / – / – / –
National security public information campaign / 9,550 / – / – / – / –
Payments for grants to Australian organisations / 1,580 / 1,625 / 1,649 / 1,674 / 1,700
Payments for membership of international bodies / 106 / 109 / 111 / 114 / 116
Other services (Appropriation Bill No.2)
Specific purpose payment—Schools Security Program / 4,746 / 7,248 / 3,214 / – / –
Special appropriations
Social Security (Administration) Act 1999—Australian Victim of Terrorism Overseas Payment—s 242 / 2,160 / 500 / – / – / –
Special accounts
Services for Other Entities and Trust Moneys / 53,907 / 27,655 / 10,250 / 1,039 / 1,039
Expenses not requiring appropriation in the budget year(e) / 1,011 / 1,739 / 2,280 / 1,374 / 1,286
Total expenses for program 1.7 / 184,742 / 148,690 / 77,893 / 52,200 / 52,741

Table 2.1.1: Budgeted expenses for Outcome 1 (continued)