Portfolio Budget Statements 2011-12 - AGD

Attorney-General’s Department

Attorney-General’s Department

Section 1: Agency overview and resources

1.1Strategic direction statement

The Attorney-General’s Department (the Department) is the central policy and coordinating department of the Attorney-General’s portfolio.

The Department seeks to achieve the outcome of 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.

The Department accomplishes this by:

•building a fairer Australia through improving access to justice, protecting and promoting human rights, and promoting Indigenous law and justice, and

•strengthening Australia’s national security through bolstering Australia’s disaster resilience, promoting cyber and identity security, countering violent extremismand combating organised crime.

In 2011–12 the Department will focus on the following priority areas:

•Enhancing national security

–Ensure national security legislation appropriately reflects the threats facing Australia.

–Implement measures to increase the ability of the Australian community to resist the influence of violent extremism and terrorism.

–Strengthen people smuggling legislation and penalties.

–Develop the National Security Capability Plan.

–Promulgate new protective security protocols in accordance with the 2010Commonwealth Protective Security Policy Framework.

•Strengthening emergency management and building resilience

–Enable a resilience-based approach to disaster policy, programs and responsiveness through implementation of the:

▪National Strategy for Disaster Resilience

▪National Partnership Agreement on Natural Disaster Resilience

▪National Crisis Coordination Capability, and

▪Critical Infrastructure Resilience Strategy.

–Provide emergency management education and training through the Australian Emergency Management Institute.

–Strengthen Australia’s disaster relief, recovery and mitigation policy and financial assistance arrangements including support for Australian Government decision makers in times of crisis.

•Combating organised crime

–Implement the Commonwealth Organised Crime Strategic Framework including measures to address critical threats, law enforcement and intelligence agency information sharing, and a coordinated approach to tracing, restraining and recovering the proceeds and instruments of crime.

–Develop innovative approaches to combating online crime, particularly fraud.

•Improving access to justice

–Strengthen the civil justice system by implementing justice and jurisdictional reforms focused on prevention and early intervention, including practical measures to improve the clarity and accessibility of Commonwealth laws.

–Provide a national approach to enhancing family dispute resolution and addressing the needs of victims of families experiencing violence.

–Implement reforms under the National Partnership Agreement on Legal Assistance Services to ensure that services are focused on early intervention and prevention and increase collaboration between legal assistance and other providers.

–Improve the administrative justice system to support better informed, fairer and more responsive government decision making.

•Protecting human rights and supporting Indigenous communities

–Implement Australia’s Human Rights Framework through enhanced scrutiny of legislation, consolidating federal anti-discrimination laws, human rights education and developing a new National Action Plan on Human Rights.

–Strengthen community safety for Indigenous Australians including policing, coordinated service delivery, alcohol management and support for victims.

–Improve outcomes in native title claims resolution and agreement-making, with a focus on promoting economic opportunities for Indigenous communities.

–Support work on constitutional recognition of Indigenous Australians.

•Improving identity and technology security

–Ensure the security of Australians and Australian business online including growing Australia’s capability to respond to national computer emergencies.

–Implement the National Identity Security Strategy and strengthen verification of identity credentials, including through developing national principles on the use and sharing of biometrics, particularly for border protection, and an enhanced Document Verification Service.

–Develop responses to the impact of new technologies on telecommunication interception.

•Enhancing productivity and service delivery

–Develop measures to reduce regulatory burdens and improve productivity through harmonisation of laws and support for economic reforms.

–Increase clarity and reduce complexity of Commonwealth laws.

–Provide support for the Attorney-General as First Law Officer including strengthening Australia’s international leadership of law and justice policy and supporting constitutional advice and reform.

–Implement reforms to Commonwealth procurement of legal services to achieve greater value for money.

–Improve the provision of information for consumers about films, publications and other content and the effectiveness of relevant regulatory arrangements, including through the review of the National Classification Scheme by the Australian Law Reform Commission.

The measures for the Department in the 2011–12 Budget are set out in Table 1.2 and in Budget Paper No. 2.

In summary, the major measures provide new grant funding for legal assistance service providers in regional areas, the establishment of the Marriage Celebrants program on a cost-recovery basisto help reform the administration of the Marriage Celebrants program to improve professional standards, the finalisation and testing of the Personal Property Securities Register, the continuation of work to protect Australia against the terrorist use of chemicals, the continuation of the Secure Schools Program and funding for Crime Stoppers, strengthening legal frameworks in countries in our region to combat people smuggling, and the provision of legal aid for people facing people smuggling prosecutions.

The Australian Government will also implement efficiencies and reforms in some administered programs in the Department including the National Counter-Terrorism Committee and financial assistance schemes.

The Department will continue to work closely and cooperatively with its portfolio agencies, other government agencies (Commonwealth, state and territory), advisory bodies, businesses, professional associations, community organisations and citizens in achieving its objectives.

The Department will continue to strengthen its relationship with citizens, its capacity to provide strategic policy, the efficiency, quality and agility of its services, and its ability to look forward and proactively position itself to address the challenges facing the nation in coming years.

1.2Agency resource statement

Table 1.1 shows the total resources from all sources. The table summarises how resources will be applied by outcome and by administered and departmental classification.

Table 1.1: Agency resource statement—Budget estimates for 2011–12 as at Budget May 2011

Table 1.1: Agency resource statement—Budget estimates for 2011–12 as at Budget May 2011 (continued)

All figures are GST exclusive.

CAC Act = Commonwealth Authorities and Companies Act 1997.

1. Appropriation Bill (No. 1) 2011–12.

2. Estimated adjusted balance carried forward from previous year.

3. Includes an amount of $16.719m in 2011–12 ($17.035 in 2010–11) for the departmental capital budget (seeTable3.2.5 for further details). For accounting purposes this amount has been designated as ‘contributions by owners’.

4. The 2010–11 actual available appropriation includes $0.928m transferred from the Department of Families, Housing, Community Services and Indigenous Affairs for the administration of the Australian Government Disaster Recovery Payment.

5. Section 31 relevant agency receipts—estimate.

6. Includes an amount of $0.891m in 2011–12 ($9.871m in 2010–11) for the administered capital budget (see Table3.2.10 for further details). For accounting purposes this amount has been designated as ‘contributions byowners’.

7. The responsibility for Australian territories functions was transferred to the Department of Regional Australia, Regional Development and Local Government with effect from 1 October 2010.

8. Appropriation Bill (No.2) 2011–12.

9. Estimated opening balance for special accounts (less ‘special public money’ held in accounts such asOther Trust Moneys accounts, Services for Other Governments and Non-Agency Bodies accounts, or Services for Other Entities and Trust Moneys accounts). For further information on special accounts, seeTable 3.1.2.

Third-party payments from and on behalf of other agencies

1. From 1 July 2011 the Australian Institute of Criminology and the Criminology Research Council will merge and transfer from governance under the Commonwealth Authorities and Companies Act 1997 (CAC Act) to the Financial Management and Accountability Act 1997 (FMA Act). On 1 July 2011 the Australian Law Reform Commission will become an agency under the FMA Act.

1.3Budget measures

Budget measures relating to the Department are detailed in Budget Paper No.2 and are summarised below.

Table 1.2: Agency 2011–12 Budget measures

Table 1.2: Agency 2011–12 Budget measures (continued)

Table 1.2: Agency 2011–12 Budget measures (continued)

Prepared on a Government Finance Statistics (fiscal) basis.

1. Continuation of a lapsing measure.

Measures announced between 2010–11 Budget and 2011–12 Budget but not yet reported in a subsequent portfolio statement

Measures announced between 2010–11 Budget and 2011–12 Budget but not yet reported in a subsequent portfolio statement (continued)

Prepared on a Government Finance Statistics (fiscal) basis.

1. In 2010–11, of the total estimated cost, $0.972m will be funded by contributions received from other agencies.

Section 2: Outcomes and planned performance

2.1Outcomes and performance information

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 agencies achieve the intended results of their outcome statements. Agencies are required to identify the programs that contribute to government outcomes over the budget and forward years.

Each outcome is described below together with its related programs, specifying the performance indicators and targets used to assess and monitor the performance of the Departmentin achieving government outcomes.

Outcome 1 strategy

The Department supports the Attorney-General’s and Minister for Home Affairs and Justice’s priorities of enhancing national security, strengthening emergency management and building resilience, combating organised crime, improving access to justice, protecting human rights and supporting Indigenous communities, improving identity and technology security, and enhancing productivity and service delivery. It does this through seven programs that contribute to the provision of an equitable and accessible system of federal civil justice and to coordinated federal activity on criminal justice, national security and emergency management.

In fulfilling its outcome, the Department will:

•ensure accurate, relevant, comprehensive and timely advice to the
Attorney-General, the Minister for Home Affairs and Justice and the Australian Government

•maintain a robust framework for cooperation, collaboration and communication across the portfolio and whole of government

•engage with the Australian community

•apply a comprehensive and practical framework of policy, legislation, process and programs that meets current and identifiable future needs, and

•provide specialist support to the Attorney-General in the role of First Law Officer.

Through Program 1.1: Attorney-General’s Department Operating Expenses—Civil Justice and Legal Services, the Department will contribute to Outcome 1 in 2011–12 and forward years by:

•supporting a legal framework for equitable access to fair, simple, effective dispute resolution mechanisms, including federal courts and tribunals

•ensuring equitable access to and enjoyment of the rights, benefits and protections of the justice system for vulnerable and disadvantaged Australians at risk of social exclusion

•developing civil justice laws and processes that are easy to find, understand, apply and implement, and that provide certainty and meet the needs of individual citizens and other private parties, and

•preparing government legislation and policy that gives effect to Australia’s international legal obligations and protects Australia’s interests under international law.

Through Program 1.2: Attorney-General’s Department Operating Expenses—National Security and Criminal Justice, the Department will contribute to Outcome 1 in 2011–12 and forward years by:

•ensuring a sufficient capability and capacity within the national security community and the Australian community to prepare for, prevent, respond to, mitigate and recover from (PPRR) national security threats

•developing preventative mechanisms and effective responses to adverse national security events through an effective legal framework for counter-terrorism,
cyber-security and telecommunications interception

•maintaining policy on countering violent extremism, national security information coordination and geospatial capacity

•coordinating the operations of portfolio agencies as well as Australian Government and international partner agencies in managing Australia’s borders and preventing harm to the Australian economy, businesses and individuals from serious and organised crime

•supporting a whole-of-nation, resilience-based approach to emergency management policy and programs, and

•engaging in international legal cooperative efforts against crime.

Programs 1.3 through 1.6 encompass specific administered items within relevant categories, complementing the general departmental operations, and are directed towards achieving a just and secure society.

Through Program 1.7:Australian Government Disaster Financial Support Payments, the Department will contribute to Outcome 1 in 2011–12 and forward years by:

•supporting the recovery needs of individuals and families adversely affected by major disasters, and

•administering relief appeal funding to state and territory governments for communities affected by major disasters.

The Department is conscious of a number of external factors that could impact on its ability to achieve Outcome 1 over the budget and forward years. For example, rapid economic, environmental, social or global changes can impact on the effectiveness of particular strategies or necessitate a shift in priorities. The Department will stay abreast of such changes and will ensure that the frameworks it develops are sufficiently flexible to allow effective responses. The Department will work closely with others, both in Australia and overseas, to identify changing circumstances and appropriate responses to ensure it continues to achieve its stated outcome of 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.