DIMA Annual Report 1996-97
Sub-program 5.2: Legal Services
Objective
To assist the development and implementation of legally effective policies and programs.
Description
The sub-program deals with Portfolio-wide legal and legislative issues as well as the rules, codes and other issues governing visa structures.
It develops policy in relation to review decisions made under Portfolio legislation; undertakes the management of the Department's legislative and regulatory programs and processes; provides legal training and advice on legal policy issues affecting Portfolio policies and programs; and develops the legislative and regulatory framework relating to visas.
Visa Framework Branch is responsible for administration of the sub-program.
Financial and staffing resources summary
|
1996-97 |
1996-97 |
1995-96 |
|
|
Budgetary (cash) basis |
|||
|
Components of appropriations |
|||
|
Annual appropriations |
|||
|
Running costs |
3 281 |
3 070 |
3 703 |
|
Other program costs |
- |
- |
- |
|
Total appropriations |
3 281 |
3 070 |
3 703 |
|
Less adjustments |
- |
- |
- |
|
Total outlays |
3 281 |
3 070 |
3 703 |
|
Total revenue |
- |
- |
- |
|
Staffing |
|||
|
Staff years (actual) |
47 |
37 |
51 |
Performance information
Outcomes are measured by the extent to which:
- reviews of immigration decision making and judicial review are successfully concluded;
- appointments of members of merits review tribunals are effected;
- legislative and regulatory change is managed;
- legal training is provided; and
- timely legal advices are provided.
Performance outcomes
(i) Reviews
Two reviews initiated by the Minister on how the Portfolio's decisions may be contested were completed.
The first, a review of the effectiveness and efficiency of immigration decision making, with particular reference to immigration decisions by the Migration Internal Review Office (MIRO), the independent Immigration Review Tribunal (IRT) and Refugee Review Tribunal (RRT), was completed and reported to the Minister in mid-September.
The second, an examination of the current scope of judicial review of decisions under the Migration Act 1958 and options to implement Government policy to restrict the scope, was also completed and reported to the Minister at the same time.
The outcome of the reviews provided a basis for government decisions for the future structure for review of decisions made under portfolio legislation.
In March 1997, the Minister announced major changes to refugee and immigration decision making to improve efficiency, credibility and accountability.
The major change will be to collapse the current three portfolio review bodies into two review tribunals.
This will mean merging MIRO with the independent IRT, while the RRT will remain a separate body reviewing the Department's decisions on refugee applications.
From July 1997, restrictions of work rights, review application periods and a change in the structure of the review application fee have been introduced to shorten overall processing times and to discourage frivolous applications.
A significant measure is a post-decision fee for the RRT (this fee will only be payable if the RRT finds that the applicant is not a refugee).
Other measures foreshadowed include clearer articulation of the Minister's expectations and directions to tribunal members and improved utilisation and reduced duplication of resources.
The changes to the immigration review process are consistent with foreshadowed government action to introduce further reform of merits review tribunals across all portfolios.
The Government also announced in March 1997 its intention to legislate to restrict judicial review under the Migration Act 1958, implementing the principal recommendations of the report on judicial review.
The main way to achieve this was to introduce a privative clause into the Act aimed at limiting a review of immigration decisions by the courts. These amendments have been drawn up ready for introduction into the Spring 1997 sittings of Parliament.
(ii) Tribunal appointments
A full merit selection for members of the RRT was undertaken from late March 1997 to early June 1997, in view of the expiry of the terms of virtually all members in 1997.
Some 650 applications were received and each was assessed against published selection criteria by a Selection Advisory Committee.
The people recommended for appointment by the Minister were selected on merit and include 19 members whose terms were due to expire and 41 new members, providing a blend of experience, expertise and new blood.
As well as addressing the immediate need for the RRT to continue to efficiently review protection visa determinations, the combination of full and part-time appointments and staggered terms of one, two or three years also allows some flexibility for future reform of merits review tribunals.
(iii) Legislative and regulatory change
The sub-program supported implementation of the policy intentions of the Government through assistance with the formulation and passage of the Migration (Visa Application) Charge Act 1997, the Migration Legislation Amendment Act (No 1) 1997 and the Migration Legislation Amendment Act (No 3) 1997.
These Acts implemented the visa application charge; changes to the Migration Act 1958 allowing capping and suspension of visa applications from aged parents of residents in Australia; changes to both the Migration Act 1958 and the Australian Citizenship Act 1948 in relation to deprivation of citizenship, where such citizenship is obtained as a result of fraud, either at the time of entry, or application for citizenship; and extended the Migration Agent Registration Scheme for a further six months, until 21 March 1998.
Eighteen Statutory Rules were made amending a number of regulations including the Migration Regulations, the Australian Citizenship Regulations, the Immigration Education (Charge) Regulations, the Migration Agents Regulations and the Migration Reform (Transitional Provisions) Regulations.
The Migration (Yugoslavia [Serbia and Montenegro] — United Nations Security Council Resolutions) Regulations and the Migration (Republic of Bosnia and Herzegovina — United Nations Security Council Resolutions) Regulations were repealed.
Parts of Statutory Rules No. 75 of 1996 which amended the Migration Regulations were disallowed in the Senate on 11 September 1996.
Parts of Statutory Rules No. 211 of 1996 which amended the Migration Regulations and Statutory Rules No. 213 of 1996 which amended the Immigration Education (Charge) Regulations were disallowed in the Senate on 7 November 1996. Some of the amendments that were disallowed were subsequently remade.
(iv) Legal training
Legal training was provided to regional and overseas staff, as well as officers taking up postings overseas, including Department of Foreign Affairs and Trade officers performing functions for the Department.
The focus of training was on developing modules for overseas staff, particularly locally engaged staff, in relation to lawful decision making and dealing with issues of immigration fraud in decision-making.
(v) Legal advice
Some 1 822 written and 3 885 oral legal advices were completed (1 575 written and 4 448 oral advices in 1995-96). While this is a five per cent decrease overall on 1995-96, the number of written advices increased by 15 per cent.
Of the total oral advices sought, 98 per cent were provided within one day and the balance within three days.
Of the total written advices sought, 87 per cent were completed within four weeks, with 95 per cent completed within six weeks.
This compares with a performance target of 70 per cent and an outcome of 81 per cent within four weeks and 89 per cent within six weeks in 1995-96.
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