DIMA Annual Report 1998-99
Sub-program 5.1: Legal Services and Litigation
Performance outcomes
(i) Cases resolved
A total of 1134 applications and appeals to the courts and 237 applications to the Administrative Appeals Tribunal (AAT) against departmental or Tribunal decisions was lodged, an increase of 31 per cent on the 1044 appeals and applications in 1997-98 and a 50 per cent rise on the 912 appeals and applications in 1996-97.
The Minister sought judicial review of 34 Portfolio Tribunal decisions, appealed to the Full Federal Court in 26 matters, and sought special leave to appeal to the High Court in eight matters.
Some 1323 matters were resolved in the courts and the AAT (compared with 1004 in 1997-98 and 876 in 1996-97). They included:
- 579 cases in favour of the Minister;
- 240 Ministerial withdrawals;
- 150 cases in favour of the applicant;
- 348 applicant withdrawals; and
- 6 remittals in full.
Of the 729 matters decided by the AAT or the courts, 579 (79 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 1997-98.
There were 716 active cases as at 30 June 1999, compared with 714 cases on 30 June 1998 and 640 cases on 30 June 1997.
The number of applications and appeals has continued to increase. The majority (56 per cent) of these applications and appeals flowed from Refugee Review Tribunal (RRT) decisions.
Performance outcomes
(ii) Advice on outcomes
Each of the 1323 cases resolved was examined and a comprehensive case note prepared, providing 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.
These case notes are an important source of information for the Minister's Office and the Department's Executive in referring to litigation matters.
Weekly and quarterly litigation reports were disseminated throughout the Portfolio, providing details of all applications or appeals filed, how the matters were resolved and the highlights of particularly significant court judgments and AAT decisions.
Top of PagePerformance outcomes
(iii) Legal advice
Some 1638 written and 4013 oral legal advices were completed (1927 written and 4260 oral advices respectively in 1997-98 and 1822 and 3885 respectively in 1996-97).
Of the total oral advices sought, 99 per cent were provided within one day (99 per cent in 1997-98) and the balance within three days. This compares with a performance target of 70 percent for 1998~99.
Of the total written advices sought, 88 per cent were completed within four weeks, with 96 per cent completed within six weeks. This compares with a performance target of 70 per cent and an outcome of 85 per cent within four weeks and 94 per cent within six weeks in 1997-98 and 87 per cent and 95 per cent in 1996-97.
During the year, 190 requests for legal advice were referred to the Department's panel of external legal advisers - the Australian Government Solicitor, Minter Ellison and Freehill, Hollingdale and Page.
Performance outcomes
(iv) Information and support system
The legal information system has been improved to better manage the Minister's litigation program and the provision of legal advice.
This system manages and tracks cases before the courts and the AAT by providing better statistical, precedent and workload information. Officers are able to research and identify relevant past advice and disseminate information more widely through the Department.