DIMA Annual Report 1996-97

Sub-program 5.1: Litigation and Advice

Objective

To manage effectively and efficiently any litigation arising from the implementation of policies and programs and to provide timely legal advice to the Minister and the Department.

Description

The sub-program supports the defence of ministerial and departmental decisions challenged in the courts and the Administrative Appeals Tribunal (AAT) and keeps the Minister and the Executive informed of progress in such matters.

Each case is reviewed before hearing to ensure that the decision under challenge is properly defensible. This is a priority task as savings in costs are achievable if the task is completed quickly.

Continual feedback on cases and legal developments is required to identify and minimise legal problems with policies under review or in development.

The Legal Services and Litigation Branch is responsible for the administration of the sub-program.

Financial and staffing resources summary

Performance information

Outcomes are measured by the extent to which:

1. the target 70 per cent of cases resolved in the Minister's favour is achieved;
2. timely advice on the impact of court and AAT decisions on portfolio matters is provided to the Minister and relevant policy and operational decision makers; and
3. information and support systems for the effective and efficient management of the Minister's litigation program and the provision of legal advice is maintained or enhanced.

Performance outcomes

(i) Cases resolved

A total of 749 appeals to the courts and 163 applications to the AAT against departmental or Tribunal decisions were lodged, an increase of 21 per cent on the 753 appeals and applications in 1995-96 and a 78 per cent rise on the 513 appeals and applications in 1994-95.

Some 871 matters were resolved in the Courts and the AAT (545 in 1995-96 and 474 in 1994-95).

These resolutions resulted in: 281 cases in favour of the Minister; 155 ministerial withdrawals; 31 cases in favour of the applicant; and 404 applicant withdrawals.

Of the 312 matters that were decided by the AAT or the courts, 281 or 90 per cent were decided in the Minister's favour, compared with the performance target of 70 per cent and an outcome of 83 per cent in 1995-96.

There were 640 active cases as at 30 June 1997, compared with 598 cases on 30 June 1996 and 391 cases on 30 June 1995.

(ii) Advice on outcomes

Each of the 871 cases resolved was examined and comprehensive case notes prepared. These case notes provided a detailed qualitative analysis to policy areas and decision makers. Any aspect which had an impact on operation or policy areas was highlighted for appropriate attention.

Weekly and quarterly litigation reports were disseminated throughout the Department, providing details of all applications or appeals filed, how the matters were resolved and the highlights of particularly significant court judgments and AAT decisions.

(iii) Information and support system

Given the substantial rise in the number of legal challenges to departmental decisions during the past two years, a consultant was engaged to examine the way the Department was managing its litigation process.

This was to ensure the increased workload was being managed effectively and identify whether any improvements could be made to achieve greater efficiencies.

The consultant reported that the Litigation and Support Sections were effective in their operations but efficiencies could be achieved with the development of an enhanced information support system.

Work on the development and implementation of an enhanced support system is well advanced.

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