Output 4.3-Machinery of Government

Page Index

• Qualitative assessment
• Key results
• Administered item

Qualitative assessment

Methodology

The Government Division received ongoing informal feedback about its performance through regular discussions and consultations with the Prime Minister's Office, the Parliamentary Secretary to the Prime Minister and the Minister Assisting the Prime Minister. The Parliamentary Business Committee of Cabinet, for which the division provides a secretariat, and the Office of Parliamentary Counsel also had opportunities to provide feedback, through regular meetings on legislative programming issues. Senior staff of the department provided feedback through the annual work-planning process and the department's Performance Appraisal and Development scheme.

Feedback

The feedback received covered the broad range of divisional functions, with particular emphasis on major tasks, and reflected a high level of satisfaction. The division was considered responsive and consistent in providing advice in a timely and professional manner.

Key results

The division provided support and advice on a number of key issues in 2003–04, as described in the following sections.

Public consultation on constitutional reform

In support of a public consultation process regarding possible reforms to section 57 of the Australian Constitution, the division assisted the government to form a consultative group, chaired by the Hon Neil Brown QC and including the Hon Michael Lavarch and Professor Jack Richardson AO, to consult directly with members of the public.

The period of public consultation commenced with the release of a government discussion paper on 8 October 2003 and concluded on 31 December 2003. During that period, a total of around 240 members of the public attended open meetings-held in every capital city-and the division received over 290 written submissions. The division provided a range of support and advice to the consultative group and the government to assist them in analysing the public contributions and other material.

Machinery of government issues

The division prepared documentation and assisted with the arrangements for the swearing-in of His Excellency Major General Michael Jeffery AC CVO MC (Retired) as Australia's twenty-fourth Governor-General on 11 August 2003.

Following the Prime Minister's announcement of changes to ministerial arrangements in September 2003, the division also provided advice and administrative support in relation to the swearing-in of new ministers and parliamentary secretaries.

The division is responsible for advising the Prime Minister on changes to administrative arrangements, as well as the creation and abolition of executive agencies, under the Public Service Act 1999.

In 2003–04, the division prepared advice and documentation in order to rename the National Office for the Information Economy as the Australian Government Information Management Office, and to return some of its functions to the Department of Communications, Information Technology and the Arts.

The division was also involved in preparing legislation to abolish the Aboriginal and Torres Strait Islander Commission (ATSIC). Pending consideration of that legislation, it prepared advice on changes to administrative arrangements to transfer some of the functions of ATSIC and the Aboriginal and Torres Strait Islander Services executive agency to other agencies.

The division also coordinated the preparation of 96 messages to community groups and other organisations from the Prime Minister, as well as the approval process for ministerial visits overseas.

The Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies were also revised and reissued before the end of the 2003–04 financial year. The revised requirements provided additional guidance to help departments and agencies correctly identify expenditure on consultancies in their 2003–04 annual reports.

Parliamentary processes

The division provided secretariat support to the Parliamentary Business Committee of Cabinet. A comprehensive Cabinet memorandum was prepared prior to each of the three parliamentary sitting periods (2003 Spring, 2004 Autumn and 2004 Winter), setting the government's legislation programme. In addition, a memorandum proposing variations to the legislation programme and the parliamentary debate programme for the week ahead was prepared for each of the 21 sitting weeks.

During the year, the division also:

• coordinated the drafting of responses for a significant proportion of requirements for policy approval involving legislation
• issued18 legislation circulars to departments and agencies about legislation and parliamentary matters
• liaised with the Office of Parliamentary Counsel and departments
• prepared advice on parliamentary matters generally.

Nearly 236 procedural briefings on government legislation and amendments were prepared for the Minister Assisting the Prime Minister as part of the legislation approval process. A list of the bills proposed for introduction and debate (the ‘public list') was compiled for distribution to senators and members prior to each of the sittings of parliament. The division also coordinated the preparation of the report on unproclaimed legislation, which was tabled in the Senate in August 2003.

Legal actions involving the department

During 2003–04, the Administrative Appeals Tribunal (AAT) handed down a decision in Toomer and Department of Agriculture, Fisheries and Forestry and Ors [2003] AATA 1301. The case was related to decisions made by the department and two other agencies under the Freedom of Information Act 1982 (the FOI Act). While the tribunal set aside some exemption claims and substituted others, it upheld the exemption of all documents for which Cabinet exemption claims had been made. The tribunal's decision contained a detailed discussion about the Cabinet document provision of the FOI Act that has clarified the operation of that exemption.

Two further applications were made to the AAT in respect of freedom of information claims during 2003–04, but neither proceeded to hearing. The division also prepared evidence in respect of Cabinet documents for the purposes of two separate AAT proceedings in which other agencies were the respondents.

The division, along with the Attorney-General's Department, instructed the Australian Government Solicitor in relation to a case arising from the Royal Commission into the Building and Construction Industry. Proceedings were commenced in the Supreme Court of Victoria against the Hon Terence Cole QC in relation to his final report as royal commissioner, with the plaintiff seeking a declaration that the defendant (Mr Cole) had failed to observe the requirements of procedural fairness. The Supreme Court made orders in October 2003 naming the Commonwealth as second defendant in the matter and transferring the matter to the Federal Court. In accordance with accepted practice, Mr Cole agreed to submit to the jurisdiction of the Federal Court and to allow the Commonwealth to act as contradictor in the proceedings. At the end of the reporting period the case was ongoing.

The division, along with the National Security Division, also instructed the Australian Government Solicitor in relation to a public interest immunity claim in one case during the reporting period. The public interest immunity claims arising from the three cases reported in the 2002–03 annual report remain to be finalised with the other parties to the litigation.

The department has not been the subject of any other judicial decisions or decisions of administrative tribunals during the reporting period that have had, or may have, a significant impact on its operations.

Awards

The division provides policy advice on the operations of the Australian honours system to ensure that outstanding personal achievements and contributions, whether made in Australia or made overseas, are appropriately recognised. The Bali honours list announced on 17 October 2003 demonstrated the capacity of the system to recognise bravery and meritorious achievement by members of police, medical and support services, and by individual citizens.

Two new campaign medals were announced by the Prime Minister to recognise the service of Australian Defence Force personnel in Iraq and Afghanistan. In addition, the division arranged for the Humanitarian Overseas Service Medal to be extended to recognise service by civilians in assisting in the rehabilitation and reconstruction of Iraq, and provided support for the Prime Minister to present awards to civilian and defence personnel in Baghdad on Anzac Day 2004.

The division handled applications for the Civilian Service Medal 1939–1945, the Humanitarian Overseas Service Medal and relevant medals for civilian surgical and medical teams who served during the Vietnam War, as well as requests by foreign governments to recognise the efforts of certain Australian citizens by granting them foreign awards.

Arrangements were made with United States authorities to improve liaison and coordination in the processing of awards for Australian veterans arising from their service with United States forces during the Vietnam War.

Four submissions from organisations seeking to have the award of the National Medal extended to their personnel were vetted by the division. The first nominations for members of the latest group to become eligible, Surf Life Saving Australia, were considered during the year.

The division provided secretariat services to public service honours committees, as well as assistance to departmental staff who serve ex officio as members of the Council of the Order of Australia and the Australian Bravery Decorations Council.

The division provided support to the Prime Minister in relation to the nominations of non-Australian citizens for honorary awards in the Order of Australia. The division also assisted the Prime Minister in sending over 9,500 messages of congratulation to Australians celebrating significant wedding anniversaries or birthdays.

The division provides advice to government and to the community on the promotion and appropriate use of Australia's national symbols. During the year, an on-line flag network was established, to keep members of the community informed of appropriate protocol to follow when recognising special occasions by flying the Australian National Flag. The special ceremonial National Flag, the Centenary Flag, was flown in London at the dedication of the Australian War Memorial by the Prime Minister on 11 November 2003.

Honours information activities

The division undertook a range of promotional activities in support of the government's public education campaign to make Australian honours more accessible and better known to all Australians.

The division maintained the website www.itsanhonour.gov.au, which provides up-to-date information about Australian honours, including a complete list of recipients of Australian honours, as well as information about the National Flag and the National Anthem. Work commenced on redesigning the website to provide a wider range of detailed information to assist media outlets, and the on-line Australian Honours List was enhanced by improved research facilities.

Staff members visited the outer suburbs of Perth and the Mildura region in Victoria, where they ran regional workshops to explain Australian honours to community leaders. Local networks were established, to ensure that outstanding achievement continues to be recognised. The workshops were complemented by local media coverage. Divisional staff also gave presentations on the honours system to community groups and maintained contact with an existing network of community leaders to keep them informed of developments during the year.

The travelling exhibition It's An Honour, Australia continued its schedule of visiting all states and territories. Following successful visits to Victoria and New South Wales in 2003–04, the exhibition was updated in preparation for a new programme of visits.

Administered item-National Australia Day Council

The division administered the Australian Government's grant to the National Australia Day Council (NADC) and provided advice on a range of issues relating to the funding and activities of the NADC. The Australian Government is represented on the board of the NADC by a senior officer of the department.

The NADC is an agency within the Prime Minister's portfolio. It is a Commonwealth company for the purposes of the Commonwealth Authorities and Companies Act 1997, and produces its own annual report in accordance with the provisions of that Act. Further information about the activities of the NADC can be found in that report.