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About the Department

DIMA Annual Report 1998-99

Sub-program 5.1: Legal Services and Litigation

Objective

To provide legal advice and manage litigation arising from the implementation of policies and programs.

Description

The sub-program supports Ministerial and departmental decisions challenged in the courts, and the Administrative Appeals Tribunal, and keeps the Minister and the Executive informed of progress in such matters.

Where applicants seek to challenge adverse decisions, each case is reviewed before hearing to ensure that the decision 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 sub~program is also responsible for legal advice on matters arising under Portfolio legislation and other Portfolio obligations and matters concerning refugee law and other matters arising out of the Refugee Convention.

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

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 maintained or exceeded;
  2. timely advice on the impact of court and Administrative Appeals Tribunal decisions on Portfolio matters is provided to the Minister and relevant policy and operational decision-makers;
  3. timely legal advices are provided. More than 70 per cent of oral advices to be completed within three days and the balance within one week and more than 70 per cent of written advices completed within four weeks and the balance within six weeks; and
  4. 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.

Financial and staffing resources summary

1998-99

1998-99

1997-98

Budget & AE's

Actual

Actual

($'000)

($'000)

($'000)

Budgetary (Cash) basis

Components of appropriations

Annual appropriations

Running Costs

9 735

10 224

9 330

Other Program Appropriations

3 551

3 525

2 517

Total appropriations

13 286

13 749

11 847

Less adjustments

251

380

267

Total Outlays

13 035

13 369

11 580

Total Revenue

0

0

0

Staffing

Staff years (actual)

54

52

54


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