Output 4.3—Machinery of government

Page Index

• Feedback on performance
• Key results
• Administered item—National Australia Day Council

Feedback on performance

The Government Division received ongoing informal feedback about its performance through regular discussions and consultations with the Prime Minister’s Office, the Minister Assisting the Prime Minister and the Parliamentary Secretary to 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 Management and Development Scheme.

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.

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Key results

Following the Prime Minister’s announcement that a general election would be held on 9 October 2004, the Government Division:

• provided advice to the Prime Minister and to other departments and agencies about the caretaker conventions applying from the time of dissolution of the House of Representatives until the outcome of the election was clear (the division responded to approximately 480 requests for advice during this period)
• coordinated the preparation and provision of briefings to the Prime Minister on machinery of government matters, government operations and significant policy issues after the election
• assisted with the swearing-in of the ministry after the election
• prepared the documentation necessary to effect the desired changes in portfolio arrangements for the fourth Howard Government, including a new consolidated Administrative Arrangements Order made by the Governor-General in Council on 26 October 2004.

The division is also responsible for advising the Prime Minister on the creation and abolition of executive agencies under the Public Service Act 1999. In 2004–05 the division prepared advice and Executive Council papers, in consultation with relevant departments and agencies, to effect the abolition of the Australian Government Information Management Office (October 2004), the National Oceans Office (October 2004), the Australian Greenhouse Office (October 2004) and the Aboriginal and Torres Strait Islander Service (July 2005).

The division was also involved in implementing the government decision, announced on Budget night, to provide a one-off grant of $10 million to the Australia and New Zealand School of Government (ANZSOG). The purpose of the grant is to put ANZSOG on a sound long-term financial base, thereby helping it meet its objective of developing the skills of current and future public sector leaders.

The Government Division supported the Industry, Infrastructure and Environment Division in the development and introduction of a Bill to establish the National Water Commission. The National Water Commission Act 2004, which formally established the commission as an independent statutory agency, received Royal Assent on 17 December 2004.

The division coordinated the preparation of 403 messages to community groups and other organisations from the Prime Minister.

Parliamentary processes

The division provided secretariat support to the Parliamentary Business Committee of Cabinet. A comprehensive Cabinet memorandum was prepared before each of the three parliamentary sitting periods (2004 Spring, 2005 Autumn and 2005 Winter) and upon resumption of parliament after the 2004 election, setting the government’s legislation programme. Each sitting week, the division prepared a memorandum proposing variations to the legislation programme and the parliamentary programme for the week ahead.

During the year, the division also:

• coordinated the drafting of responses for a significant proportion of requests for policy approval involving legislation
• issued 15 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.

The division prepared 211 procedural briefings on government legislation and amendments for the Minister Assisting the Prime Minister or the Parliamentary Secretary to 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 before each of the three major sittings of parliament. The division also coordinated the preparation of the report on unproclaimed legislation, which was tabled in the Senate in August 2004.

Child pornography

The Government Division managed preparations for discussions of the issue of child pornography at the Council of Australian Governments meeting on 3 June 2005. The division worked in conjunction with other areas of the department, the Attorney-General’s Department and the Australian Federal Police, and convened a working group of Commonwealth, state and territory officials on the issue.

Royal commissions

The division provided advice and support in relation to the establishment of the Commission of Inquiry into the Centenary House Lease, the report of which was presented to the Governor-General and tabled in parliament by the government during the reporting period.

The department made a number of submissions to the commission, seeking to:

• exempt, on public interest immunity grounds, certain documents from being produced to the commission pursuant to ‘notices to produce’
• exempt, on the grounds of judicial indemnity against disclosure, certain witnesses from providing evidence to the commission that would disclose the processes by which and the manner in which the commissioner of the 1994 inquiry into the Centenary House lease undertook that inquiry.

The submissions were the subject of a number of published decisions by the commissioner on the public interest immunity claims (six decisions) and the judicial immunity against disclosure claims (one decision) which had been made by the Commonwealth.

The Government Division is responsible for the records of completed royal commissions, and responded to a number of requests during the year for access to such records.

Other legal actions involving the department

One application made to the Administrative Appeals Tribunal (AAT) under the Freedom of Information Act 1982 (FOI Act) in 2003–04 was noted in last year’s annual report as not yet having proceeded to hearing at the end of that year. At that time, the department considered that the application might be withdrawn. Following further directions hearings during 2004–05, the applicant has agreed to withdraw the matter.

The department prepared affidavits in respect of Cabinet documents for the purposes of two separate AAT proceedings under the FOI Act in which other agencies were the respondents.

The Government Division instructed external solicitors in relation to two matters regarding the Royal Commission into the Building and Construction Industry. In one matter, the department’s involvement was limited to answering a subpoena for certain records of the commission. In the other matter, the division and the Attorney General’s Department instructed the Australian Government Solicitor regarding a matter where the plaintiff sought a declaration that the Royal Commissioner, the Hon Terence Cole QC (first respondent), had failed to observe requirements of procedural fairness in relation to his final report. Orders were made in October 2003 naming the Commonwealth as the second respondent and transferring the matter to the Federal Court. Terms of settlement were agreed to by the plaintiff and the Commonwealth, and the Federal Court dismissed the proceedings on 13 April 2005.

The Government Division instructed external solicitors and provided evidence in another case, in which there was a subpoena and a request for non-party discovery in respect of certain records of the Royal Commission into Aboriginal Deaths in Custody.

Of the public interest immunity claims arising from the four cases reported in the 2003–04 annual report, three remain to be finalised with the other parties to the litigation. In the other matter, the claim against the Commonwealth has been discontinued without the Commonwealth having to produce the documents that were the subject of its claim of public interest immunity.

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.

Legal actions involving the Prime Minister

The Government Division instructed external solicitors on behalf of the Prime Minister in three matters during the reporting period. One claim was discontinued prior to hearing in October 2004, while the other proceedings were ongoing at the time of reporting.

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 division also advises government and the community on the promotion and appropriate use of Australia’s national symbols.

During the year, regulations were developed for the new Australian Defence Medal, which will recognise the service of current and former members of the defence forces who have served the nation for a minimum of six years since 3 September 1945.

The division handled applications for the Civilian Service Medal 1939–1945, the Humanitarian Overseas Service Medal and 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.

The Humanitarian Overseas Service Medal was extended to recognise the service of Australian aid workers who, as members of approved humanitarian organisations, gave direct emergency humanitarian assistance in the wake of the 2004 Indian Ocean tsunamis and the related earthquake on Nias Island in order to sustain the life and dignity of the survivors. The division continued to work with Commonwealth, state and territory government and non-government organisations to establish eligibility guidelines for the award of the medal.

The division worked in conjunction with the Department of Defence, the Department of Foreign Affairs and Trade, the Department of Veterans’ Affairs, Government House and the Malaysian High Commission to establish processes for application and service validation following the Australian Government’s acceptance of an offer by the Malaysian Government of the Pingat Jasa Malaysia. The medal honours Australian servicemen and servicewomen who served in Malaysia between 1957 and 1966.

The division advised the Minister Assisting the Prime Minister on a submission by the New South Wales Government to make service in that state’s Transit Police between 1972 and 1999 eligible to be counted towards the National Medal. On the minister’s advice, the Governor-General determined such service to be eligible on 7 December 2004, and nominations to recognise this service are under way. Three further submissions from organisations seeking to have the award of the National Medal extended to their personnel were received and are being assessed.

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 for the Order of Australia and the Australian Bravery Decorations Council.

The division also provided support to the Prime Minister in relation to the nominations of non-Australian citizens for honorary awards in the Order of Australia, and assisted him in sending over 10,400 messages of congratulation to Australians celebrating significant wedding anniversaries or birthdays.

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.

Notable were the regional visits programmes to Cairns in Far North Queensland, Geelong in Victoria and Rockhampton in central Queensland. The visits, which were complemented by local media coverage, focused on sharing the spectrum of Australian awards and on honouring ‘local heroes’ as a means of raising community awareness. Local networks were established to ensure that outstanding achievement continues to be recognised.

The division promoted information about Australian honours through a direct mail programme with the vocational and technical education industry and Australia’s mining industry.

The division maintained the www.itsanhonour.gov.au website, which provides up-to-date information about Australian honours, a complete list of recipients, and information about the Australian National Flag and the Australian National Anthem. The website was enhanced by the addition of Celebrating Australians, an electronic newsletter subscription service.

Administered item—National Australia Day Council

The Government Division administered the Australian Government’s grant of core funding to the National Australia Day Council (NADC) and advised on various aspects of the council’s funding, activities and board membership. 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 its annual report.