Part 2: Registrar’s Report
The administrative amalgamation of the Tribunals continued during the year with a focus on the professional development and training of Members and staff in the work of both Tribunals.
The commencement of 17 new Members, all of whom were cross-appointed by the Government to the MRT and RRT, involved, for the first-time, simultaneous training in the work of two Tribunals. The training, mentoring and administrative support provided by experienced Members and staff proved to be a success with the new Members quickly developing the skills necessary to conduct effective and timely reviews.
Over the same period, longer serving Members, who were experienced only in the work of one Tribunal, were successfully provided with an ongoing program of training to undertake work across both Tribunals.
Following the appointment of the Hon Kevin Andrews MP on 30 January 2007 as Minister for Immigration and Citizenship, the Government passed two important pieces of legislation affecting the Tribunals’ operations, re-appointed 36 Members to both Tribunals and appointed a further 12 new Members to the Tribunals from 1 July 2007.
The Migration Amendment (Review Provisions) Act 2007, which took effect on 29 June 2007, provided Members with discretion to inform applicants of adverse information orally or in writing or both. In the past, Members had to inform applicants of adverse information in writing, even if the information had been provided and thoroughly canvassed orally with an applicant at a hearing.
While the implementation of these amendments is in its early stages, it is anticipated that the high level of procedural fairness previously afforded by Members to applicants will be maintained. An increase in time taken to complete cases is also expected as Members adjourn reviews under the amendments to afford applicants an additional hearing or further time to lodge evidence or submissions.
On 22 June the Migration Amendment (Statutory Agency) Act 2007 came into operation. This amended the Migration Act 1958 to establish the RRT Principal Member as the Agency Head of all APS staff of the Tribunals. The practical effect of this amendment is that from 22 June 2007 the RRT Principal Member became the agency head of staff employed under the Public Service Act 1999, instead of the Secretary of the Department of Immigration and Citizenship.
This amendment and the prescription in 2006 of the Tribunals as a single agency for the purposes of the Financial Management and Accountability Act 1997 strengthen accountability and independence and the capacity of the Tribunals to operate effectively as a single agency.
Indeed, the prescription of the MRT and the RRT as a single agency for the purposes of the Financial Management and Accountability Act has led to the publication in this Report of a single set of financial statements for both Tribunals, and contributed to the Tribunals performing well financially with an operating surplus at year’s end.
In his Report, the former Principal Member referred to the range of factors affecting the Tribunals’ performance and the case law developments that have made Member decision making more complex and time consuming. In order to meet the challenges arising from constantly developing case law, Government policy, Government and community expectations, legislative change, resource availability and volatility in caseloads, the training and development of Members and staff has become increasingly important.
The program of Member professional development conducted during the year was responsive to these challenges. It included presentations to Melbourne and Sydney Members during February 2007 by Professor James Hathaway, a leading authority on international refugee law, who commented on Member decision making as being of an internationally high standard.
In addition to strategies mentioned by the former Principal Member in his Report, the Tribunals carried out a review of staffing classification levels, resources, procedures and structures across several sections, including the state registries, country research, libraries and information technology.
The resulting structures are aimed at improving the professionalism of staff, the Tribunals’ capacity to attract and retain good staff and the quality and consistency of staff services. Recruitment action is proceeding and improvements in staff support services are expected as the new structures are bedded down during the remainder of 2007.
There was also a continuing focus on performance at the management level. The Tribunals held a national management workshop with all middle managers to review how effectively that group worked together in managing the Tribunals’ operations, how we could improve performance management and how to develop strategic responses to the issues and challenges facing the Tribunals.
The momentum generated by this workshop, and the previous year’s senior managers’ workshop, resulted in a national meeting of all executive level managers in March 2007. These meetings will now be held several times each year to provide a forum for communicating and progressing strategic and operational priorities.
As indicated by the former Principal Member in his Report, the Tribunals are proceeding to implement the 5 recommendations made by the ANAO in its report Management of Tribunal Operations – Migration Review Tribunal and Refugee Review Tribunal.
Overall, the ANAO’s report is a positive reflection on the effectiveness of the Tribunals’ management of operations in the period 2001-02 to 2004-05, a period in which the Tribunals were co-locating and aligning operations and undergoing major business re-structuring. The conduct of the audit provided benefits to the Tribunals by assisting to identify ways to strengthen capacity to plan, report and communicate more effectively with stakeholders. The report provides a sound basis for the Tribunals to make improvements in the areas identified and in the planning and coordination of future organisational change.
Earlier this year, with the assistance of a management consultant, and in consultation with Members and staff and key stakeholders, the Tribunals developed a Tribunals’ Plan. The Plan sets out the Tribunals’ key strategic aims and priorities, and core values. The Plan is available in Appendix 1.
Wide consultations took place during June and July 2007 with all Members and staff on the proposed 2007-08 caseload and constitution arrangements and a related discussion paper concerning Member performance measurement and appraisal arrangements. The constitution policy and allocation arrangements are set out in a new Principal Member Direction - PMD 2/2007: Caseload and Constitution Policy 2007-08 and the Tribunals’ Joint Management Board i is reviewing aspects of the Member performance appraisal arrangements.
The Tribunals continued to develop CaseMate, the Tribunals’ case management system, which was successfully implemented in April 2006. An important element of CaseMate’s functionality is the link to DIAC systems to ensure the accuracy and timeliness of the transfer of relevant information between DIAC and the Tribunals. The Tribunals are continuing to work with DIAC to further develop these arrangements consistent with operational needs and the need to ensure that issues identified by the Commonwealth Ombudsman do not recur.
A new joint MRT-RRT website was developed and is in operation. The website provides a single point of entry to access information for both Tribunals and provides a better platform on which to plan, develop and implement online services in the future. The previous website addresses have been redirected to the new address at www.mrt-rrt.gov.au.
As far as management of the caseloads of the Tribunals is concerned, much was achieved this year. The Tribunals completed 6,203 MRT reviews and 3,102 RRT reviews. Considerable reductions in the number of cases on hand were achieved (the MRT by 10% and the RRT by 31%).
The average time taken to decide all RRT cases during the financial year was 80 days from the date the Department’s file was received by the Tribunal, compared to 97 days during the 2005-06 financial year. The average time to complete MRT reviews improved to 37 weeks (compared to 39 weeks for the previous financial year).
The Tribunals continued to work closely and co-operatively with other agencies. Regular liaison meetings were held with DIAC at senior officer level to discuss matters such as legislative and policy changes, caseload, litigation and decision quality issues. A review of the Memorandum of Understanding between the agencies is also being undertaken. The operational relationship was strengthened during the year with regular formal and informal communications with DIAC’s State Offices and National Office’s Review Co-ordination Branch and legal and policy Branches.
A Service Delivery Agreement with the Administrative Appeals Tribunal (the AAT) provides for the use of facilities and services in the AAT offices in Brisbane, Adelaide and Perth. A recent review has resulted in agreement to extend the strong operational relationship and to recognise in the terms of the agreement that the Members based in Brisbane, Adelaide and Perth are reviewing both MRT and RRT cases.
An important resource relied on by Members and research officers is information provided by the overseas missions of the Department of Foreign Affairs and Trade (DFAT) through its People Smuggling, Refugees and Immigration Section. The Tribunals are very grateful for the quality of services provided by DFAT.
The departure from the Tribunals of Mr Steve Karas as Principal Member at the end of his appointment brings to a close a chapter in the Tribunals’ history. He led the Tribunals through a period of significant work practice reform and cultural and organisational change.
On behalf of all Members and staff I farewell Mr Karas and welcome Mr Denis O’Brien as the incoming Principal Member and Mrs Mary Urquhart as the RRT’s Deputy Principal Member and as an acting MRT Senior Member.
Finally, I would like to express my thanks and appreciation to Members and staff of the Tribunals. Their hard work, professionalism and commitment to the work of the Tribunals are reflected in the good achievements made during the year.
