DIMA Annual Report 1997-98
Sub-program 5.2: Visa Framework
Objective
Description
Performance information
Financial and staffing resources summary
Performance outcomes
Objective
To support the development and implementation of policies and programs, by providing effective and accurate legislative services and legal policy advice.
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 legal matters and cross program issues such as bridging visas and visa application procedures;
- undertakes the management of the Department's legislative and regulatory programs;
- develops procedures and provides training on the legislative change process;
- provides training on lawful decision making and advice on legal policy and international law issues which affect Portfolio policies and programs; and
- develops the legislative and regulatory frameworks relating to visas.
The Visa Framework Branch is responsible for administration of the sub-program.
[ Top Of Page ]Performance information
Outcomes are measured by the extent to which:
- legislative and regulatory change is managed;
- advice on legal policy and international law issues is provided; and
- training on decision making processes and legislative change is provided.
Financial and staffing resources summary
1997–98 |
1997–98 |
1996-97 |
|
| Budgetary (cash) basis | |||
| Components of appropriations | |||
| Annual appropriations | |||
| Running costs | 1 960 |
1771 |
n/a |
| Other program costs | 0 |
0 |
n/a |
| Total appropriations | 1 960 |
1 771 |
n/a |
| Less adjustments | 0 |
0 |
n/a |
| Total outlays | 1 960 |
1 771 |
n/a |
| Total revenue | 0 |
0 |
n/a |
| Staffing | |||
| Staff years (actual) | 25 |
23 |
n/a |
Due to program restructures in both 1996–97 and 1997–98, sub-program figures for 1996–97 actuals are not meaningful for comparative purposes to 1997–98 figures. They have therefore not been included in this table.
[ Top Of Page ]Performance outcomes
(i) Legislative and regulatory change
This element of the sub-program was responsible for translating Government policy into legislation through assistance with the formulation and passage of the:
- Migration Agents Registration Application Charge Act 1998;
- Migration Agents Registration Renewal Charge Act 1997; and
- Migration Legislation Amendment (Migration Agents) Act 1997.
These Acts supported the Government's initiative to self-regulate the migration advice industry, which started on 21 March 1998.
Support and coordination services were also provided, during Parliamentary consideration of the following Bills:
- Migration Legislation Amendment Bill (No 4) 1997, which provides for the creation of the Migration Review Tribunal (MRT) and enhancements to the Refugee Review Tribunal (RRT) process;
- Migration Legislation Amendment Bill (No 5) 1997, which contains the privative clause restricting access to judicial review of decisions under the Migration Act 1958; and
- Migration Legislation Amendment (Strengthening of Provisions Relating to Character and Conduct) Bill 1997, which includes amendments to strengthen powers to refuse or cancel visas on character grounds.
These support and coordination services included:
- personal appearances before the Senate Legal and Constitutional Legislation Committee, including preparation of the opening statement in relation to each of these major Bills;
- providing further briefing and advice, on the matters contained in the Bills during their passage through the House of Representatives, in response to the Senate Legal and Constitutional Legislation Committee inquiries on these Bills; and
- preparing Ministerial responses to comments made by the Scrutiny of Bills Committee on the three Bills.
As at 30 June 1998, these three Bills were awaiting debate by the Senate.
There were 20 Statutory Rules made during the financial year. Amendments to Migration Regulations included:
- implementation of the recommendations of the Lin Committee report, on the Employer Nomination Scheme and Labour Agreements;
- strengthening of safeguards, in relation to the entry of unaccompanied minors on temporary visas;
- tightening of provisions for spouse applicants who claim to have suffered domestic violence;
- creation of a new visa subclass for independent applicants with particular skills nominated by designated States and Territories, where there is a shortage of those skills;
- prescribing additional grounds for visa cancellations;
- restricting availability of work rights, to certain protection visa applicants; and
- creation of two new visa classes and three subclasses, to implement the Government decisions of 13 June 1997, to provide an avenue to permanent residence for certain people of particular citizenships, who had been in Australia for some time with their status unresolved.
Amendments were also made to other portfolio regulations including the:
- Migration Agents Registration Application Charge Regulations 1998;
- Migration Agents Regulations;
- Migration Agents Registration Renewal Charge Regulations 1998;
- Migration (Iraq – United Nations Security Council Resolutions) Regulations (Amendment) 1997; and
- Migration (Sierra Leone – United Nations Security Council Resolution) Regulations 1997.
Management of legislative change process
Since mid–1995, the Portfolio has adopted a regulation amendment cycle, whereby the majority of amendments are made to come into effect on either 1 July or 1 November each year.
That change was made to create a more orderly and predictable process of regulation amendments. It was also designed to facilitate the changing of relevant systems and forms, and the provision of information to officers and clients, in advance of significant regulatory changes.
While the majority of changes made during 1997–98 were within the established cycle, a number of legislative amendments were completed out of cycle to satisfy Government requirements.
In December 1997, in recognition of the need for a more disciplined approach to changes to principal portfolio legislation, additional resources were provided to the sub-program, to establish a Legislation Policy Coordination Unit.
The Unit's role is to develop and manage the Department's internal processes for progressing the Portfolio's principal legislation program, and to better coordinate the program with related regulatory changes.
The Unit was established in April 1998 and started work on procedures and training modules, designed to improve and provide a better understanding of the legislative change process.
[ Top Of Page ](ii) Advice on legal policy and international law issues
Advice was provided on international law issues relevant to portfolio legislative proposals and decision making, with particular focus on Australia's international human rights obligations.
The sub-program made a significant contribution towards ensuring that proposed changes to migration legislation and decision making under that legislation were consistent with Australia's international human rights obligations.
Advice on these obligations was provided in relation to the exercise of discretionary powers in relation to criminal deportation, character, the Minister's non-compellable intervention powers, and the administration of detention provisions of the Migration Act 1958.
Policy input and support was provided in relation to judicial review of decisions, taken under portfolio legislation, and broad Commonwealth legal policy proposals impinging on the portfolio.
The sub-program provided policy advice and support to the Minister, during the House of Representatives and Senate Legal and Constitutional Legislation Committee's consideration of the Migration Legislation Amendment Bill (No 5) 1997.
That Bill proposed significant reforms to judicial review of visa decisions. Several speeches were prepared for the Minister, to explain to key legal and migration organisations the Government's reasons for bringing forward these reforms to judicial review of visa decisions.
(iii) Training
Training on the legislative change management process was provided over eight sessions to approximately 140 departmental Central Office staff. Demand exceeded availability of places and further sessions have been arranged to include regional offices.
The focus of the training was to provide officers, involved in policy advising areas, with an understanding of the regulation change and Parliamentary processes, and the impact of the timing of legislative change and issues associated with implementation of that change.
Training was also 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.
Additionally, training was provided to external bodies such as the Migration Institute of Australia, the NSW Law Society and administrative law master's candidates at the University of Melbourne.
The training was aimed at providing an understanding of how to make a lawful decision under portfolio legislation. The training involved approximately eight staff weeks of preparation and eight staff days of delivery. The training materials developed provide a comprehensive workplace reference and equip trainers to train.
Central and Regional Office staff at one of the Department's many legislation and legally-oriented training courses.