Part 5: Management and Accountability
The Tribunals’ policies, practices and structure have been designed with sound corporate governance principles in mind. This Part sets out what the Tribunals have done to ensure that appropriate management and planning processes are in place.
Senior management
Mr Denis O’Brien is the Principal Member of the Tribunals. He was appointed from 3 September 2007 for a term to 30 June 2012. Mrs Mary Urquhart is the Deputy Principal Member of the RRT and is also appointed as an acting Senior Member of the MRT.
Sections 397 and 460 of the Migration Act 1958 (the Migration Act) provide that the Principal Member is ‘the executive officer’ of the Tribunals and is responsible for their overall operation and administration, including ‘monitoring the operations’ of the Tribunals ‘to ensure that those operations are as fair, just, economical, informal and quick as practicable’. Sections 353A and 420A provide that the Principal Member may give written directions as to the operation of the Tribunals and the conduct of reviews by the Tribunals.
Senior Members of the Tribunals provide leadership and guidance to full-time and part-time Members. The Senior Members are Ms Rea Hearn Mackinnon (Vic), Mr Bruce MacCarthy (NSW), Dr Irene O’Connell (NSW) (Acting) and Mr Giles Short (NSW).
Sections 407 and 472 of the Act provide that the Registrar, the Deputy Registrar and other officers of the Tribunals have such duties, powers and functions as are provided by the legislation, and such other duties and functions as the Principal Member directs. Mr John Lynch is the Registrar and Mr Rhys Jones is the Deputy Registrar.
As at September 2007, the administrative framework for the Tribunals was as follows:
- A Joint Management Board (JMB), consisting of the Principal Member, the Deputy Principal Member of the RRT, the Registrar and the Senior Members. The JMB meets monthly.
- A Senior Management Group (SMG), comprising the Registrar, the Deputy Registrar and the Executive Level 2 managers. The SMG meets monthly and deals with management and planning issues.
- The Registrar is the general manager of the Tribunals’ operations and also the chief financial officer. He is assisted by the Deputy Registrar.
- The District Registrars (NSW and Victoria) manage their respective registries and report to the Registrar.
- An Audit and Risk Management Committee, which normally meets every quarter, includes a representative of the Australian National Audit Office (ANAO), and oversees the engagement and work program of the Tribunals’ internal auditors.
- A Joint Security Committee (JSC) responsible for reviewing security risk exposure and security risk management measures. The JSC meets every six months, or more frequently, if circumstances warrant it.
- A Joint Consultative Committee (JCC) established under the joint staff Certified Agreement which provides a forum for consultation on matters including the Certified Agreement and HR policies. The JCC consists of management, staff and union representatives.
- A Budget Review Committee (BRC), comprising the JMB and the Deputy Registrar; and a Budget Working Group (BWG), comprising all cost centre managers. The BRC normally only convenes to approve the annual budget and any subsequent revisions. The BWG meets as required to review budgetary performance and provide recommendations to the BRC of any adjustments required to internal budgets.
- A Member Professional Development Committee (MPDC), comprising the Principal Member, the Deputy Principal Member of the RRT and the Senior Members. The MPDC is chaired by the Deputy Principal Member of the RRT and normally meets bimonthly.
- A Learning and Development Steering Committee (LDSC) comprising managers and staff and union representatives. The LDSC identifies learning and development priorities and activities for staff.
- A service delivery agreement with the Administrative Appeals Tribunal (the AAT) for the AAT to provide accommodation and support services to part-time Members who are based in Adelaide, Brisbane and Perth.
Corporate and operational plans
The structure, jurisdiction and powers of the MRT and the RRT are set out in the Migration Act 1958. The Migration Act provides that the Tribunals are to provide a mechanism of review that is fair, just, economical, informal and quick.
The Government provided the Tribunals with a Statement of Expectations, to which the Tribunals responded with a Statement of Intent. These statements are at Appendix 2.
The operations of the Tribunals are funded through annual appropriations made by the Australian Parliament. Agency Budget Statements are prepared bi-annually and set out the proposed appropriations to Government outcomes. The budget statements state that the MRT-RRT is expected to provide visa applicants and sponsors with fair, just, economical, informal and quick reviews of migration and refugee decisions. The budget statements include performance indicators, and these are set out in Part 4.
During 2006-07 the Tribunals developed a new Tribunals’ Plan 2007-2010, which replaced the previous corporate plan. The Plan is set out in Appendix 1. The new plan states that we want to be known among other things for being highly competent Tribunals delivering fair, just and timely reviews, for our fairness and professionalism, for the quality, integrity and consistency of our decisions, and for being courteous and respectful.
A new Principal Member Direction was published during the year relating to the management of detention cases. This Direction aims to encourage Members and staff to take all reasonable steps to finalise detention cases at the earliest possible time. This document also provides guidance on the identification of issues relevant to detention cases and sets out the arrangements that the Tribunals have in place to minimise the risk of security incidents.
Ethical standards
Members are required to act in accordance with a Member Code of Conduct and staff are required to act in accordance with the Australian Public Service (APS) Values and APS Code of Conduct.
All Members of the Tribunals sign a performance agreement. The first part of the agreement requires that they will act in their role as a Member of the Tribunals in accordance with the principles set out in the Member Code of Conduct. The Code provides that Members should behave with integrity, propriety and discretion, and should treat applicants, representatives, interpreters and other persons with respect, courtesy and dignity. The Member Code of Conduct is set out in Appendix 5.
The Tribunals promote adherence to the respective codes of conduct and take appropriate action if a suspected breach of the code occurs. Induction and training programs provide information on the codes and values, while performance and recruitment guidelines and documents identify expectations in relation to values and conduct.
Risk management
The Tribunals have an Audit and Risk Management Committee (ARMC) which generally meets every quarter. All ARMC meetings are attended by senior Tribunal management, representatives from the Australian National Audit Office (ANAO), and Deloitte Touche Tohmatsu, the contracted provider of internal audit services to the Tribunals. The role of the ARMC is to consider matters that it deems appropriate and which relate to the financial affairs and risk management issues of the Tribunals and matters referred to it by the Joint Management Board.
The Tribunals have a Fraud Control Plan which details the Tribunals’ strategic approach to fraud prevention, detection, investigation and prosecution in accordance with the Commonwealth Fraud Control Guidelines. Annual fraud data is collected and reported to the Attorney-General’s Department. The following certification is provided:
I, Denis O’Brien, certify that I am satisfied that for the financial year 2006-07, the Migration Review Tribunal and Refugee Review Tribunal have had:
Denis O’Brien,
- appropriate fraud risk assessments and a fraud control plan prepared that comply with the Commonwealth Fraud Control Guidelines;
- appropriate fraud prevention, detection, investigation and reporting procedures and processes in place; and
- annual fraud data that has been collected and reported in compliance with the Commonwealth Fraud Control Guidelines.
Principal Member
September 2007
A Tribunals’ Business Risk Assessment Internal Audit Plan review was conducted in 2006-07. The review involved managers identifying and reassessing key business risks and risk management processes. This was used as a basis to develop a new three year strategic internal audit plan.
As mentioned above, Deloitte Touche Tohmatsu provided internal audit services to the Tribunals. The following internal audit activities were conducted during the year:
- a finance function internal audit;
- a contract management internal audit; and
- a registry operations internal audit.
The agency security action plan was also revised and re-issued in 2006-07. The plan is consistent with the Commonwealth Protective Security Manual. The Tribunals continue to commit resources to strengthen and maintain the protective security framework. The Security Executive, Agency Security Advisor, IT Security Advisor and the JSC support the Principal Member in assessing security risk exposure and ensuring appropriate security risk management measures are in place.
The Tribunals are developing a business continuity plan. Existing memoranda of understanding with DIAC and other federal merits review tribunals (the AAT, the SSAT and the VRB) provide for assistance to each other in the event of a disruption to services or facilities.
External scrutiny
The Tribunals are subject to external scrutiny through the publication of decisions, appeals to the courts, Annual Reports to Parliament, appearances before Parliamentary Committees, complaints to and enquiries by the Commonwealth Ombudsman and reports and enquiries by the Australian National Audit Office (ANAO) and other bodies. The Tribunals interact with agencies like the ANAO on compliance issues, and closely monitor Parliamentary Committee reports and other reports across the public sector. Hearings of the MRT are generally open to the public.
The Commonwealth Ombudsman Annual Report 2005-06 included a case study of an MRT matter. An Ombudsman’s office investigation showed that a decision to decline a priority hearing for a review applicant was made by a person lacking the authority to make such a decision and without due regard to all the circumstances of the case. The Ombudsman’s office intervention resulted in the expedited consideration of the matter by the MRT.
During 2006-07 proposed legislative amendments contained in the Migration Amendment (Review Provisions) Bill 2006 concerning sections 359A and 424A of the Migration Act 1958 were examined by the Senate Standing Committee on Legal and Constitutional Affairs. The Tribunals made a submission and the Committee took evidence from the Tribunals on 31 January 2007. The Tribunals subsequently responded to Questions on Notice and made an additional submission. In February 2007 the Committee tabled in Parliament its report. The Migration Amendment (Review Provisions) Act 2007 was passed by Parliament on 20 June 2007 and received Royal Assent on 28 June 2007.The Act amends the Migration Act 1958, essentially by providing a mechanism by which the Tribunal may discharge the obligation to give certain adverse information either orally or in writing, and by exempting information given by the applicant in writing to the Department from the obligation under sections 359A and 424A. The Tribunals are currently taking action to implement the new provisions. Legal and procedural guidance has been developed and circulated to Members and staff.
Following a request by the Australian Government, the Commonwealth Ombudsman conducted an investigation into the circumstances of 247 people who had been held in immigration detention and subsequently released as not unlawful. During 2006-07 the Tribunals provided information in regard to specific cases identified by the Ombudsman’s office and general information about the Tribunals’ procedures. The Ombudsman has published 9 reports on these cases. Some reports dealt with individual cases, and some reports dealt with general issues relating to detention, mental health, decision notification, data problems and legal issues. The Ombudsman recommended that the Department and the Tribunals continue to work closely to ensure sound data exchange, and to ensure there is effective communication about matters, such as court decisions, that impact on both DIAC and the Tribunals.
On 14 June 2007 the Auditor-General presented to Parliament Audit Report No.44 of 2006-07: Management of Tribunal Operations – Migration Review Tribunal and Refugee Review Tribunal. This broadly positive report concludes that the Tribunals were effectively managing their operations. The focus of the audit was on operations from 2001-02 to 2004-05 - a period in which the Tribunals were co-locating in New South Wales and Victoria and undergoing major business re-structuring. The conduct of the audit has provided benefits to the Tribunals by assisting us to identify ways to strengthen our capacity to plan, report and communicate more effectively with stakeholders. It provides a sound basis for the Tribunals to make improvements in the areas identified and in the planning and coordination of future organisational change. The Tribunals agreed with all five recommendations made by the ANAO and are taking action to implement them. The Report is available on the ANAO website www.anao.gov.au.
Important milestones
The Tribunals operated entirely separately prior to 2001 and the ensuing years have been a period of significant change as the Tribunals have co-located and aligned the operations of the two Tribunals. This process commenced with the Government’s appointment of Mr Steve Karas as the Principal Member of both Tribunals in 2001. Table 5.1 sets out some of the important milestones in the Tribunals’ operations from 2001 to 2007.
| Table 5.1 - Important milestones 2001 to 2007 | |
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| 2001 |
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Human resources
The Tribunals comprise Members (appointed under the Migration Act) and staff (appointed under the Migration Act and employed under the Public Service Act 1999).
The Tribunals recognise that it is through our Members and staff that we achieve the Tribunals’ objectives and the outcomes expected by Government. The Tribunals seek to create an environment where Members and staff are supported and encouraged to be professional and courteous, to deliver quality services, to uphold values and codes of conduct and to contribute to organisational improvements.
The Tribunals are committed to providing a workplace that:
- encourages good workplace behaviour;
- values diversity;
- identifies and addresses health and safety issues; and
- assists Members and staff to balance work, family, community and lifestyle choices.
The work of the Tribunals is recognised as important, challenging and stimulating. Remuneration and conditions are commensurate with responsibilities. There has been a high level of change over the last few years. Since 2001, the Tribunals have transformed from two agencies operating independently into a single administrative entity. The Tribunals have co-located, Members and staff have been progressively cross-appointed and undertaken new duties, staffing structures have combined, and significant changes have been made to work practices and systems. A new culture and identity as a single agency is being forged. During this period we have benefited from the knowledge and expertise of Members and staff from both Tribunals, enabling the adoption of the best practices of each Tribunal and the development of new and improved work practices.
Members
The Members are appointed by the Governor-General for fixed terms on a full-time or part-time basis. The remuneration of Members is determined by the Remuneration Tribunal, and their terms and conditions of employment are determined by the Minister for Immigration and Citizenship. The Remuneration Tribunal’s determinations are available on its website at www.remtribunal.gov.au
As at 1 July 2007 the membership of the Tribunals comprised 94 Members. All Members are appointed to both Tribunals.
The membership as at 1 July 2007 is set out in Table 5.2, and a full list of Members and their appointment periods is available in Appendix 4 of this Report. Approximately 39% of Members are men, and 61% are women.
| Table 5.2 - Membership as at 1 July 2007 | |||
|---|---|---|---|
| Women | Men | Total | |
| Principal Member | - | 1 | 1 |
| Senior Members | 1 | 2 | 3 |
| Full-time Members | 5 | 3 | 8 |
| Part-time Members | 51 | 31 | 82 |
| Total | 57 | 37 | 94 |
Persons appointed as Members to the Tribunals have typically worked in a profession or have had extensive experience at senior levels in the private or public sectors. The work is particularly suited to working on a part-time basis, with more than 87% of Members working in this capacity.
Member professional development and performance
The Tribunals have a highly competent and professional membership supported by continuing professional development and legal, research and administrative staff. All Members have a performance agreement, with appraisals conducted by Senior Members. The quality of decisions, the timeliness of reviews, productivity expectations and participation in professional development and mentoring activities, are all factors that are taken into account in performance appraisals. In 2006-07, there was a considerable amount of training following the cross-appointment of Members, and there were impacts from the implementation of a new case management system and changed work practices.
Members are expected to participate in professional development and training activities on a regular basis and to undertake any development and training requirements identified through the performance appraisal process.
There is a Member Professional Development Committee, comprising the Principal Member, the Deputy Principal Member of the RRT and the Senior Members. Members are encouraged through their Senior Member to identify and attend courses, conferences or seminars of relevance to their individual development needs. Member professional development covers a wide range of topics, including:
- administrative, migration and refugee law, relevant legislation and policy;
- decision-making and decision-writing;
- conducting inquiries;
- conducting hearings;
- assessing relevance, credibility and weight of evidence;
- working with interpreters;
- working with representatives;
- sources and use of country information; and
- cultural issues, gender issues, children giving evidence.
The Tribunals consider it important to include perspectives from inside and outside the Tribunals in relation to these topics, and there are regular presentations from external speakers including academics, lawyers and journalists.
Scheduled professional development sessions are held monthly. These sessions generally have content of interest or relevance for all Members, including a legal update by the Legal Services Section. There are also seminars, workshops and focus groups aimed at providing Members with an opportunity to address specific topics. A national Members’ Conference is held every year.
Members also attend external conferences, seminars and courses. Priority is given to opportunities which meet the ongoing development and training needs of Members and which are of direct benefit to the Tribunals.
Staff
An important role of staff is the provision of Member and client services. Professional staff support to Members is vital to efficient and lawful conduct of reviews. Staff are the point of contact when clients or their representatives lodge review applications or deal with the Tribunals on issues concerning the conduct of reviews. Efficient and effective dealings by staff with all stakeholders are essential for good Tribunal performance and are important to our professional reputation as Tribunals. Important values are understanding and responding to client needs and seeking to improve services for individuals, families and the community, while delivering Government efficiency initiatives.
Staff are employed under the Public Service Act and are appointed as Tribunal officers under the Migration Act. Since May 2005, all staff have been cross-appointed to both the MRT and the RRT.
As at 30 June 2007, the Tribunals employed 272 APS employees comprising:
- 211 ongoing full-time employees;
- 33 ongoing part-time employees;
- 21 non-ongoing full-time employees;
- 2 non-ongoing part-time employees; and
- 5 casual employees.
Table 5.3 sets out the number of staff employed as at 30 June 2007. Approximately 37% of employees are men, and 63% are women. These proportions remain consistent for Executive Level 1 officers and above.
| Table 5.3 - Staff as at 30 June 2007 | |||||
|---|---|---|---|---|---|
| NSW | Victoria | Total | |||
| APS Level | Women | Men | Women | Men | |
| APS 1 | 0 | 0 | 0 | 1 | 1 |
| APS 2 | 21 | 13 | 14 | 4 | 52 |
| APS 3 | 22 | 11 | 8 | 8 | 49 |
| APS 4 | 32 | 14 | 10 | 4 | 60 |
| APS 5 | 9 | 9 | 5 | 5 | 28 |
| APS 6 | 16 | 11 | 5 | 6 | 38 |
| Legal Officer | 6 | 3 | 6 | 0 | 15 |
| Executive Level 1 | 7 | 4 | 1 | 2 | 14 |
| Senior Legal Officer | 4 | 0 | 1 | 2 | 7 |
| Executive Level 2 | 2 | 3 | 1 | 0 | 6 |
| Principal Legal Officer | 1 | 0 | 0 | 0 | 1 |
| SESB 1 | 0 | 1 | 0 | 0 | 1 |
| Total | 120 | 69 | 51 | 32 | 272 |
Further staffing statistics are set out in Appendix 6
Workforce planning
The Tribunals continue to review strategies to attract and retain quality staff. There is a wide range of skills and expertise required, from general administrative staff, to lawyers, to accountants, to computer professionals. Staff are employed across 10 sections: the Executive Support and Policy and Procedures Section, the Legal Services Section, the Research and Information Services Section, the Caseload Management Section, the NSW Registry, the Victorian Registry, the Human Resources Section, the Technology Services Section, the Finance Section and the Business Services Section.
With workforce pressures expected to intensify, and with changing expectations among employees about the length of time a person may commit to one organisation, the Tribunals are reviewing the ways in which vacancies are advertised, job descriptions and selection processes. Workforce satisfaction is an important consideration. Matters such as the quality of the workplace environment; opportunities for broader participation, professional and personal development and advancement; and improved remuneration and flexibility of conditions are recognised as factors impacting on our capacity to attract and retain quality staff.
Training and development
The Tribunals are committed to the training and development of staff.
A Learning and Development Steering Committee (LDSC), comprising managers and staff and union representatives, identifies learning and development priorities and activities for staff.
A changing work practice environment requires us to do our core business well, to clearly define roles, standards and expectations and to identify good performance. A focus for training during this year was on developing the skills and knowledge needed to use the new joint case management system, CaseMate. Other training activities included administrative law, jurisdiction issues, file management, train the trainer, performance management, and recruitment and selection processes.
In September 2006, the Tribunals held a one and a half day leadership workshop with all Executive Level 1 managers. The group evaluated its contributions to, and developed strategies for, an internally cohesive organisation. It also reviewed the issues and challenges facing the Tribunals, and recognised the need to provide strong leadership with high professional standards of behaviour which sets clear management directions and communicates effectively with staff.
Individual development and training needs are identified through a ‘plan on a page’ performance agreement system. The objectives of the performance agreement system are:
- providing a clear link between individual performance and organisational priorities and plans;
- improving communication between employees and supervisors;
- determining learning and development needs and appropriate activities, and
- defining supervisor and employee responsibilities and expectations.
The Tribunals have a studies assistance scheme. A total of 33 staff undertook approved courses of study, taking a total of 197 days study leave and being reimbursed $58,731 in course fees.
Executive remuneration
The Tribunals have one Senior Executive Service (SES) officer. Remuneration and conditions are determined through an Australian Workplace Agreement (AWA), taking into account current APS remuneration levels and the market demand for the skills of the particular officer. The AWA makes provision for performance pay at a level consistent with other similarly qualified officers in the APS.
Australian Workplace Agreements
Eight non-SES employees have AWAs. The terms and conditions of the AWAs were determined taking into account APS remuneration levels and the skills of the particular employees. Seven AWAs provide a responsibility allowance and one provides for the use of an agency-leased car. One AWA provides a retention allowance. The AWAs are comprehensive agreements which provide a similar range of non-salary benefits to those that are set out below in relation to the Tribunals’ Certified Agreement.
Eight agreements provide for performance-linked bonuses. These were in respect of one SES officer, one Principal Legal Officer and 6 Executive Level 2 officers. An aggregate amount of $64,103 was paid in performance-linked bonuses during 2006-07 in respect of performance in calendar year 2006 (compared to an aggregate amount of $73,208 in respect of performance in calendar year 2005).
Certified Agreement
The current Certified Agreement covers all other non-SES employees and was certified by the Australian Industrial Relations Commission on 29 November 2005 for a duration of 3 years from certification.
The objectives set out in the Agreement are:
- to attract and retain quality people by having an affordable and attractive package of pay and conditions;
- to ensure our employment conditions continue to meet the needs of the Tribunals and our employees;
- to contribute to the achievement of, and be consistent with, the Tribunals’ corporate objectives; and
- to improve productivity through greater efficiency and flexibility in the way that the Tribunals implement Government policy.
Table 5.4 sets out the salary range as at 30 June 2007. The Certified Agreement provided for two salary increases over the life of the agreement, a 4.3% increase from 1 July 2006, and a further 4.3% increase from 1 September 2007.
| Table 5.4 - Salary range pay points (30 June 2007) | ||
|---|---|---|
| Level | Lowest | Highest |
| APS 1 | $20,418 | $37,582 |
| APS 2 | $38,477 | $42,640 |
| APS 3 | $43,789 | $47,240 |
| APS 4 | $48,772 | $52,933 |
| APS 5 | $54,370 | $57,635 |
| APS 6 | $58,706 | $67,437 |
| Legal Officer | $48,772 | $67,437 |
| EL 1 | $75,185 | $81,191 |
| Senior Legal Officer | $75,185 | $91,459 |
| EL 2 | $86,689 | $98,296 |
| Principal Legal Officer | $101,584 | $104,183 |
The Certified Agreement does not provide for performance pay. Salary advancement through pay points at each classification level occurs where an employee is assessed as satisfactory under the performance management system.
The Certified Agreement provides for a range of non-salary benefits, including:
- access to an employee assistance programme;
- study assistance;
- a public transport loan scheme;
- influenza vaccination and eyesight testing;
- contributions towards promoting good health; and
- additional family care costs.
Occupational health and safety
The Occupational Health and Safety (OHS) policies for the Tribunals have been developed through consultation and agreement with Members and staff. The policies will continue to be applied until consultation on and development of the Health and Safety Management Arrangements (HSMA) is completed, in accordance with the Occupational Health and Safety Act 1991 (the OHS Act).
The policies’ aims are to:
- provide and maintain a healthy and safe work environment;
- provide financial and other resources to ensure that necessary OHS programs and activities are established and maintained;
- provide a forum for consultation and co-operation on OHS matters;
- implement the requirements of the OHS legislation in all aspects of the Tribunals’ business;
- make all levels of management within the Tribunals accountable for OHS; and
- ensure that all employees and Members are aware of their obligations and that they have the necessary skills to meet these obligations.
OHS Committees in Sydney and Melbourne meet quarterly.
The Tribunals’ Health and Safety Representatives are elected as required by the OHS Act. All Health and Safety Representatives attend a five day training course that covers their responsibilities under the OHS Act.
Two dangerous occurrences were notified to Comcare under section 64 of the OHS Act during 2006-07.
No investigations were conducted under the OHS Act, nor were any directions or notices given.
The Tribunals’ focus is on reducing the social and financial cost of occupational injury and illness through timely intervention, promoting prevention activities and improving OHS capability. OHS and prevention activities undertaken in the Tribunals during 2006-07 included:
- providing office and workstation assessments by professional occupational therapists;
- facilitating instruction and education by occupational therapists of Members and staff in correct ergonomic practices and injury prevention;
- providing influenza vaccinations in the workplace;
- improving awareness of health and safety issues of managers and staff through training.
Workplace diversity
The Tribunals value a workplace free from discrimination and harassment, and strive to ensure that employment decisions are based on merit. Through the Certified Agreement, the Tribunals emphasise flexibility and choice for employees and managers to enable balance between work, family, community and lifestyle choices.
The Tribunals’ Workplace Diversity Program was implemented in February 2006. The Program focuses on strategies to facilitate an understanding of workplace diversity (WD) principles and to ensure fairness and inclusiveness are applied in all business activities, and in human resource policies and practices.
The principles underlying the Program are:
- treating each other with respect and dignity;
- making judgements based on equity and merit;
- recognising people as individuals and valuing their diversity;
- using the contributions that people can make to the Tribunals;
- taking appropriate action to identify and deal with discrimination and harassment; and
- providing a safe, secure and healthy working environment.
The WD Steering Committee, comprising management and staff representatives, commenced an evaluation of the WD Program in April 2007. A survey of all staff was conducted in June 2007 and the results from the survey will guide the Committee in determining how effectively the Tribunals are performing in providing a fair and inclusive workplace and what improvements to the WD Program should be implemented.
Disability strategy
The Commonwealth Disability Strategy (CDS) provides a framework for identifying and developing strategies that will improve access to services and facilities. The Tribunals’ Disability Action Plan is set out in Appendix 8.
Ecologically sustainable development and environmental performance
Section 3A of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) sets out the principles of ecologically sustainable development (ESD). The Tribunals review these principles in relation to Tribunal activities on an annual basis.
The Tribunals have office accommodation in Sydney and Melbourne. Although it is considered that the Tribunals’ activities have a limited impact on the environment, Members and staff are encouraged to contribute to reducing this impact and this is reflected in a range of strategies including:
- establishment of a Green Committee;
- recycling office waste paper;
- use of double-sided printing;
- promoting awareness about the use of electricity and water;
- use of energy compliant computer monitors; and
- increasing the range of documents available electronically.
Purchasing
The Tribunals’ purchasing arrangements with suppliers include contracts and purchase orders for the supply of consultancies, interpreting and translation services, communication services, rental of property and other goods and services. All purchases over $10,000 are gazetted and the Tribunals also ensure compliance with the Senate Order on Departmental and Agency contracts by maintaining on the Tribunals’ website a list of contracts exceeding $100,000 in value.
All purchasing is conducted in accordance with the Commonwealth Procurement Guidelines and Chief Executive Instructions. In line with these policies, the Tribunals conduct procurement with value for money as the core principle. This is achieved through:
- encouraging competition;
- the efficient, effective and ethical use of resources; and
- accountability and transparency in decision making.
No contracts or offers were exempted from publication in AusTender on the basis that publication would disclose exempt matters under the Freedom of Information Act 1982. The Tribunals use a standard contract proforma with provisions providing for access by the Auditor-General.
The Tribunals have not let any competitive tendering and contracting (CTC) contract during 2006-07 of $100,000 or more (inclusive of GST) that does not provide for the Auditor-General to have access to the contractor’s premises.
Assets management
The Tribunals manage over 900 assets with a combined value of $6.4 million. The major asset categories include fit-out, office machines, furniture and fittings, IT equipment and intangible assets (software). Assets are depreciated at rates applicable for each asset class.
The Finance Section prepares accrual-based monthly reports on the progress of purchases against capital plans and depreciation against the budget in order to achieve effective asset management.
An annual stock-take is performed to update and verify the accuracy of asset records. In line with the adoption of international accounting standards, an independent valuation of fit out in Melbourne was conducted in June 2007.
Consultancy services
Many individuals, partnerships and corporations provide services to agencies. However, not all such contractors are consultants. Consultants are distinguished from other contractors by the nature of the work they perform. A consultant is an individual, a partnership or a corporation engaged to provide professional, independent and expert advice or services that will assist with agency decision-making. The Tribunals engage the services of consultants when:
- there is a need for specialist knowledge or skills;
- an independent assessment or opinion is desirable;
- the proposed consultancy meets corporate objectives or will bring about productivity savings; and
- alternatives to the use of a consultant have been fully considered.
In determining whether contracts are for consultancy or non-consultancy services, the Tribunals have regard to guidelines published by the Department of Finance and Administration.
During 2006-07, 4 new consultancy contracts were entered into involving total actual expenditure of $33,092. In addition, two ongoing consultancy contracts were active during the 2006-07 year, involving total actual expenditure of $49,210.
Table 5.5 sets out the one new consultancy that the Tribunals entered into in 2006-07, where the contract price exceeded $10,000.
| Table 5.5 - Consultancy services let during 2006-07 | ||||
|---|---|---|---|---|
| Consultant Name | Description | Contract Price | Selection Process 1 | Justification 2 |
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1 Explanation of selection process terms: Open Tender: A procurement procedure in which a request for tender is published inviting all businesses that satisfy the conditions for participation to submit tenders. Public tenders are sought from the marketplace using national and major metropolitan newspaper advertising and the Australian Government AusTender internet site. Select Tender: A procurement procedure in which the procuring agency selects which potential suppliers are invited to submit tenders. Tenders are invited from a short list of competent suppliers. Direct Sourcing: A form of restricted tendering, available only under certain defined circumstances, with a single potential supplier or suppliers being invited to bid because of their unique expertise and/or their special ability to supply the goods and/or services sought. Panel: An arrangement under which a number of suppliers, usually selected through a single procurement process, may each supply property or services to an agency as specified in the panel arrangements. Tenders are sought from suppliers that have pre-qualified on the agency panels to supply to the government. This category includes standing offers and supplier panels where the consultant offers to supply goods and services for a pre-determined length of time, usually at a pre-arranged price. 2 Justification for decision to use consultancy: A - skills currently unavailable within agency. B - need for specialised or professional skills. C - need for independent research or assessment. |
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| Palm Consulting | Prepare and facilitate strategic planning process | $23,879 | Direct sourcing | A |
| Total | $23,879 | |||
The total annual expenditure on consultancy contracts over the last 3 years is set out in Table 5.6.
| Table 5.6 - Consultancy services let during 2006-07 | |||
|---|---|---|---|
| 2006-07 | 2005-06 | 2004-05 | |
| Expenditure | $82,302 | $30,872 | $101,898 |
Information on expenditure on contracts and consultancies is also available on the AusTender website www.tenders.gov.au.
Purchaser/provider arrangements
All agencies are required to report on purchaser/provider arrangements. Purchaser/provider arrangements relate to arrangements where the outputs of one agency are purchased by another agency to contribute to outcomes. Purchaser/provider arrangements can occur between Commonwealth agencies or between Commonwealth agencies and State/Territory government or private sector bodies. The Tribunals have no purchaser/provider arrangements.
The MRT and RRT have a service delivery agreement with the Administrative Appeals Tribunal (the AAT) for the AAT to provide accommodation, registry and support services in Brisbane, Adelaide and Perth. The Tribunals have part-time Members based in each of those locations.
Discretionary grants
All agencies are required to report on discretionary grants. Discretionary grants are payments where discretion is used to determine whether or not a particular body receives a grant. The Tribunals did not provide or receive any discretionary grants during 2006-07.
Advertising and market research
All agencies are required to report on advertising and market research. During 2006-07, the Tribunals spent $36,746 (inclusive of GST) on advertising services. The Tribunals did not engage any market research services.
| Table 5.7 - Advertising services | |||
|---|---|---|---|
| Vendor | Amount | Description | |
| HMA Blaze Pty Ltd | $36,746 | Employment advertising | |
| Total | $36,746 | ||
Correction of material errors in previous Annual Reports
No material errors have been identified in last year’s Annual Report.