Contents

• Senior management
• Corporate and operational plans
• Ethical standards
• Risk management
• External scrutiny
• Human resources
• Members
• Member professional development and performance
• Staff
• Workforce planning
• Training and development
• Executive remuneration
• Certified Agreement
• Occupational health and safety
• Workplace diversity
• Disability strategy
• Ecologically sustainable development and environmental performance
• Purchasing
• Assets management
• Consultancy services
• Purchaser/provider arrangements
• Discretionary grants
• Advertising and market research
• Correction of material errors in previous Annual Report

Part 5 – Management and accountability

The Tribunals’ policies, practices and structure have been designed with sound corporate governance principles in mind. This Part sets out what the Tribunals have done to ensure that appropriate management and planning processes are in place.

Senior management

Mr Denis O’Brien is the Principal Member of the Tribunals. He was appointed from 3 September 2007 for a term to 30 June 2012.

Sections 397 and 460 of the Migration Act 1958 provide that the Principal Member is ‘the executive officer’ of the Tribunals and is responsible for their overall operation and administration, including ‘monitoring the operations’ of the Tribunals ‘to ensure that those operations are as fair, just, economical, informal and quick as practicable’. Sections 353A and 420A provide that the Principal Member may give written directions as to the operation of the Tribunals and the conduct of reviews by the Tribunals.

Mrs Mary Urquhart was the Deputy Principal Member of the RRT up to 30 June 2009. Mrs Urquhart was appointed as a full-time Member of both Tribunals from 1 July 2009.

Senior Members of the Tribunals provide leadership and guidance to Members. Up until 31 December 2009, the Senior Members were Ms Rea Hearn Mackinnon (Vic), Mr Bruce MacCarthy (NSW), Dr Irene O’Connell (NSW) (Acting) and Mr Giles Short (NSW). From 1 January 2009, the Senior Members were Ms Linda Kirk (Vic), Ms Amanda MacDonald (NSW), Mr Peter Murphy (Vic), Dr Irene O’Connell (NSW) and Mr Giles Short (NSW).

Sections 407 and 472 of the Act provide that the Registrar, the Deputy Registrar and other officers of the Tribunals have such duties, powers and functions as are provided by the legislation, and such other duties and functions as the Principal Member directs. Mr John Lynch is the Registrar and Mr Rhys Jones is the Deputy Registrar.

As at 30 June 2009, the governance framework for the Tribunals was as follows:

• A Management Board, consisting of the Principal Member, the Deputy Principal Member of the RRT, the Registrar and the Senior Members. The Board meets monthly.
• A Senior Management Group (SMG), comprising the Registrar, the Deputy Registrar and the Executive Level 2 managers. The SMG meets monthly and deals with management and planning issues.
• The Registrar is the general manager of the Tribunals’ operations and also the chief financial officer. He is assisted by the Deputy Registrar.
• An Audit and Risk Management Committee oversees the engagement and work program of the Tribunals’ internal auditors and considers issues relating to risk management.

The Management Board. From left to right, acting Senior Member Rosa Gagliardi, Senior Members Giles Short and Irene O’Connell, Principal Member Denis O’Brien, Senior Member Linda Kirk, Registrar John Lynch and Senior Member Amanda MacDonald. Senior Member Peter Murphy was on leave at the time the photo was taken.

Corporate and operational plans

The operations of the Tribunals are funded through annual appropriations made by the Australian Parliament. Portfolio Budget Statements are prepared bi-annually and set out the proposed appropriations to Government outcomes. The budget statements state that the MRT-RRT is expected to provide visa applicants and sponsors with fair, just, economical, informal and quick reviews of migration and refugee decisions. The budget statements include performance indicators, and a report against these is set out in Part 4 of this Report.

The Tribunals’ Plan 2007–2010 states that we want to be known among other things for being highly competent Tribunals delivering fair, just and timely reviews, for our fairness and professionalism, for the quality, integrity and consistency of our decisions, and for being courteous and respectful. The Plan is available on the Tribunal website.

The Tribunals’ caseload and constitution arrangements are set out annually in a Principal Member Direction. This sets out operational strategies which take into account current and anticipated caseloads and the priorities to be given to cases. All Principal Member Directions are publicly available.

Ethical standards

Members are required to act in accordance with a Member Code of Conduct and staff are required to act in accordance with the Australian Public Service (APS) Values and APS Code of Conduct.

All Members of the Tribunals sign a performance agreement. The agreement requires that a Member will act in accordance with the principles set out in the Member Code of Conduct. The Code provides that Members should behave with integrity, propriety and discretion, and should treat applicants, representatives, interpreters and other persons with respect, courtesy and dignity. The Member Code of Conduct is available on the Tribunal website.

Risk management

The Tribunals have an Audit and Risk Management Committee (ARMC). All ARMC meetings are attended by senior Tribunal management, representatives from the Australian National Audit Office (ANAO) and from Deloitte Touche Tohmatsu, in their capacity as the provider of internal audit services to the Tribunals. The role of the ARMC is to consider matters that it deems appropriate and which relate to the financial affairs and risk management issues of the Tribunals and matters referred to it by the Management Board.

The Tribunals have a Fraud Control Plan which details the Tribunals’ strategic approach to fraud prevention, detection, investigation and prosecution in accordance with the Commonwealth Fraud Control Guidelines. Annual fraud data is collected and reported to the Attorney-General’s Department. The following certification is provided:

The Tribunals’ business continuity plan is supported by memoranda of understanding with the Department and with other federal merits review tribunals (the AAT, the SSAT and the VRB) to provide assistance to each other in the event of a disruption to services or facilities.

The Legal Services Section undertook audits of fee waiver processing and requests for access to documents during the year. The objective of the fee waiver audit was to assess whether officers had properly assessed the fee waiver requests in compliance with the law. The audits also sought to ensure that the Tribunal has appropriate administrative practices and guidelines in place and to identify any areas for improvement.

External scrutiny

The Tribunals are subject to external scrutiny through the publication of decisions, appeals to the courts, Annual Reports to Parliament, appearances before Parliamentary Committees, complaints to and enquiries by the Commonwealth Ombudsman and reports and enquiries by the ANAO and other bodies. The Tribunals interact with agencies like the ANAO on compliance issues, and closely monitor Parliamentary Committee reports and other reports across the public sector.

Section 440A of the Migration Act requires the Principal Member to give the Minister for Immigration and Citizenship a report every 4 months on the conduct of RRT reviews not completed within 90 days and requires the Minister to table these reports in Parliament
in a specified period.

Between 2005 and 2007, the ANAO conducted a detailed performance audit on the management of the Tribunals’ operations. The report of the audit was tabled in Parliament on 14 June 2007 – Audit Report No.44 of 2006–07: Management of Tribunal Operations – Migration Review Tribunal and Refugee Review Tribunal. The report concluded that the Tribunals’ operations were effectively managed, that the Tribunals had successfully implemented a series of proposals to achieve operational efficiencies, and that the Tribunals had established sound governance arrangements.

The ANAO made 5 recommendations related to strengthening planning, reporting and communication with applicants, representatives and stakeholders. The Tribunals agreed with all 5 recommendations. Table 5.1 sets out the progress made in relation to each recommendation.

Table 5.1 – Implementation of ANAO recommendations

Item	Recommendation	Progress
R1	The ANAO recommends that, to enhance their planning and performance monitoring capability, the Tribunals: develop an annual operational plan which identifies priorities for major business activities and initiatives, and allocates responsibilities and specifies timeframes for their implementation; and prepare an annual performance information framework which consolidates details of Tribunal performance information which is required to be collected and reported for accountability purposes.	The Tribunals’ Plan 2007–2010 was issued on 30 July 2007. The Tribunals’ caseload and constitution arrangements are reviewed annually and are set out in a Principal Member Direction which sets out operational strategies, the priorities to be given to cases, and time standards for the completion of cases. A Governance and Reporting Requirements Table has been developed and is maintained on the Tribunals’ intranet.
R2	The ANAO recommends that the Tribunals strengthen their outcomes and outputs frameworks set out in their Portfolio Budget Statements (PBS) by: articulating the basis on which the Tribunals assess their contribution to the quality and consistency of decision making concerning migration and temporary entry visas and protection visas and their professional and effective working relationships with stakeholders; and specifying appropriate targets or other bases of comparison for quality indicators for measuring the efficiency of Tribunal outputs, in terms of case processing timeliness, complaints and appeals against decisions.	The outcomes and outputs information set out in the Portfolio Budget Statements has been strengthened. The 2008–09 PBS statements included specific information in relation to quality indicators and the Tribunals’ outputs. There are specific measures for case processing timeliness, complaints and appeals against Tribunal decisions. The Department of Finance conducted a review of outcome and outputs as part of the Government’s response to the ‘Operation Sunlight’ report. A revised outcome statement for the MRT-RRT received Ministerial approval in March 2009. The 2009–10 PBS statements set out the revised outcome and revised performance information.
R3	The ANAO recommends that the Tribunals strengthen external reporting through their Annual Reports by: addressing the impact of their outputs and their contribution to outcomes; and including clear assessments of output performance, reporting performance results against PBS targets and providing more comprehensive analysis of factors affecting performance.	The ANAO’s recommendations were taken into account in the design of the 2006–07 and 2007–08 Annual Reports. Included in each of these Reports is an assessment of performance against the PBS targets.
R4	The ANAO recommends that the Tribunals enhance internal management reporting by introducing: an overarching ‘balanced scorecard’ type management report which covers their full range of PBS performance indicators; and common formats, across both Tribunals and both Registries, for management reports on particular areas of Tribunal performance.	The adoption of a scorecard ‘balanced scorecard’ is to be further considered in 2009. Common formats have been implemented for monthly management reports for the Senior Management Group and the Management Board.
R5	The ANAO recommends that the Tribunals enhance the quality of services to applicants and their representatives by: committing to regular review of the joint service charter, more widely promoting the charter, and making information about overall time targets for the completion of reviews more accessible to applicants; reviewing application forms to improve the quality of guidance to applicants and the user friendliness of their structure and format; issuing more comprehensive guidance on complaints handing and providing Members with more systematic complaints feedback; and conducting regular surveys of the satisfaction of applicants and their representatives with Tribunal service performance.	A draft stakeholder engagement plan and steering committee was endorsed by the Management Board in June 2009. A review of the Service Charter is included in the plan. Time targets are set out in a Principal Member Direction published on the Tribunal website. The time targets are also set out on the Service Charter page. A consultant has been engaged to assist with a review of application forms. A comprehensive policy on complaints handling was issued by the Principal Member on 1 July 2008. A series of surveys is planned, starting with a survey of Members and staff in 2009.

Human resources

The Tribunals comprise Members (appointed under the Migration Act) and staff (appointed under the Migration Act and employed under the Public Service Act).

The Tribunals recognise that it is through our Members and staff that we achieve the Tribunals’ objectives and the outcomes expected by Government. The Tribunals seek to create an environment where Members and staff are supported and encouraged to be professional and courteous, to deliver quality services, to uphold values and codes of conduct and to contribute to organisational improvements.

• The Tribunals are committed to providing a workplace that:
• encourages good workplace behaviour;
• values diversity;
• identifies and addresses health and safety issues; and
• assists Members and staff to balance work with their family and community responsibilities and lifestyle choices.

The work of the Tribunals is recognised as important, challenging and stimulating. Remuneration and conditions are commensurate with responsibilities.

Members

The Members are appointed by the Governor-General for fixed terms on a full-time or part-time basis. The remuneration of Members is determined by the Remuneration Tribunal, and their terms and conditions of employment are determined by the Minister for Immigration and Citizenship. The Remuneration Tribunal’s determinations are available on its website at www.remtribunal.gov.au.

Persons appointed as Members to the Tribunals have typically worked in a profession or have had extensive experience at senior levels in the private or public sectors. The work is suited to working on a part-time basis and more than 65% of Members are part-time.

The appointments of 3 Senior Members and 2 acting Senior Members expired on 31 December 2008. A selection process was undertaken and 5 Senior Members were appointed on 1 January 2009 for a term of 5 years.

The membership as at 30 June 2009 is set out in Table 5.2.

Table 5.2 – Membership as at 30 June 2009

	Women	Men	Total
Principal Member	–	1	1
Deputy Principal Member	1	–	1
Senior Members	2	2	4
Full-time Members	3	3	6
Part-time Members	49	31	80
Total	55	37	92

The appointments of 5 full-time Members and 34 part-time Members expired on 30 June 2009. A selection process was undertaken and 15 full-time Members and 28 part-time Members were appointed on 1 July 2009 for a term of 5 years. The Deputy Principal Member of the RRT was appointed as a full-time Member of both Tribunals. The position of Deputy Principal Member of the MRT and RRT is currently vacant.

During August 2009, 8 continuing part-time Members were appointed as full-time Members for the remainder of their terms of appointment. As at the end of August 2009 the membership of the Tribunals comprised 95 Members, as set out in Table 5.3.

Table 5.3 – Membership as at 31 August 2009

	Women	Men	Total
Principal Member	–	1	1
Deputy Principal Member	–	–	–
Senior Members	3	2	5
Full-time Members	11	13	24
Part-time Members	43	22	65
Total	57	38	95

A list of Members and their appointment periods as at 31 August 2009 is available in Appendix 1 of this Report. Member biographies are available on the Tribunal website.

Member professional development and performance

The Tribunals have a highly competent and professional membership supported by continuing professional development and legal, research and administrative staff. All Members have a performance agreement, and annual appraisals are conducted by Senior Members. The quality of decisions, the timeliness of reviews, productivity expectations and participation in professional development and mentoring activities are all factors which are taken into account.

Members on appointment, although experienced in other fields, do not necessarily have detailed knowledge of migration or refugee law or experience as a representative or in the conduct of hearings. New Members are provided with induction training supported by a program of mentoring and further training over several months.

A Member Professional Development Committee comprising the Principal Member, all Senior Members and two other Members is responsible for continuing education for Members. The scope of professional development covers legal knowledge; decision making; working with applicants, representatives and interpreters; understanding gender and cultural differences; effective case management, and dealing with the stress and demands of the office. It is important to include perspectives from outside the Tribunals, and programs include in-house presentations from academics, lawyers and journalists, and the attendance of Members at external conferences, seminars and courses.

Dr Sandra Hale, Associate Professor at the University of Western Sydney, visited the Tribunals in February 2009 and delivered a talk to Members on ‘Trends in Interpreting’. Dr Michelle Foster, Senior Lecturer and Director of the Research Programme in International Refugee Law at the Institute for International Law and Humanities, Melbourne Law School, presented a seminar to Members on developing conceptions of the grounds in the Refugees Convention. Dr Ian Freckelton SC delivered a session to Members on understanding and assessing psychology reports. Paul White, former RRT Member and now Senior Protection Officer from the UNHCR in Nepal, visited the Tribunals and conducted a seminar on citizenship certificates and statelessness. The Tribunals also received a visit from David Matas, Canadian international human rights lawyer and co-author of a report on organ harvesting in China, who briefed a group of Members on current human rights issues in China. Dr Geoff Raby, Australian Ambassador to China, visited the Tribunals in October 2008.

One initiative designed to provide Members with greater contextual insight into culture and location-specific issues is a program of ‘background briefing’ sessions. The first session in May 2009 was presented by the highly regarded journalist and author Jane Hutcheon on the topic of China.

Staff

An important role of staff is the provision of Member and client services. Professional staff support to Members is vital to efficient and lawful conduct of reviews. Staff are the point of contact when applicants or their representatives lodge review applications or deal with the Tribunals on issues concerning the conduct of reviews. Efficient and effective dealings by staff with all stakeholders are essential for good Tribunal performance and are important to our professional reputation as Tribunals. Important values are understanding and responding to client needs and seeking to improve services for individuals, families, businesses and the community.

• Staff are employed under the Public Service Act and are appointed as Tribunal officers under the Migration Act. As at 30 June 2009, the Tribunals employed 268 APS employees comprising:
• 221 ongoing full-time employees;
• 36 ongoing part-time employees;
• 10 non-ongoing full-time employees; and
• 1 casual employee.

Table 5.4 sets out the number of staff employed as at 30 June 2009. Approximately 37% of employees are men and 63% are women.

Table 5.4 – Staff as at 30 June 2009

	NSW		Victoria		Total
APS Level	Women	Men	Women	Men
APS 1	0	0	0	0	0
APS 2	1	5	2	0	8
APS 3	21	9	10	6	46
APS 4	29	18	12	6	65
APS 5	25	7	12	5	49
APS 6	20	15	9	7	51
Legal Officer	6	3	3	3	15
Executive Level 1	9	4	2	2	17
Senior Legal Officer	4	1	0	3	8
Executive Level 2	3	3	1	0	7
Principal Legal Officer	1	0	0	0	1
SES B2	0	1	0	0	1
Total	119	66	51	32	268

Further staffing statistics are set out in Appendix 3.

Workforce planning

The Tribunals continue to review strategies to attract and retain quality staff. There is a wide range of skills and expertise required, from general administrative staff, to lawyers, to accountants, to computer professionals. Staff are employed across 9 sections: the Executive Support Section, the Policy and Caseload Strategy Section, the Legal Services Section, the Research and Information Services Section, the NSW Registry, the Victoria Registry, the Human Resources Section, the Technology Services Section and the Finance and Business Services Section.

 

The Tribunals participate and take a close interest in the annual State of the Service survey conducted on behalf of the Australian Public Service Commission (the APSC). This survey is across APS agencies and employees and provides valuable information on employees’ views on a range of issues including attraction and retention. The survey results are available on the APSC website and identify areas where APS agencies perform well and areas where there is a need for improvement or review.

With changes in the availability of skills, and changing expectations about the length of time a person may stay in one job, the Tribunals are conscious of the need to be flexible in approach and expectations. The ways in which vacancies are advertised, the nature of the work, the workplace environment, training, personal development and advancement, and remuneration and flexibility of conditions are all factors which affect our capacity to attract and retain quality staff.

 

Training and development

A changing work practice environment requires us to do our core business well, to clearly define roles, standards and expectations and to identify good performance. Training during this year focussed on corporate training programs such as performance management, APS Code of Conduct and Values, and selection and merit processes. Over 100 different training activities were undertaken to improve job and knowledge competency with a specific focus on the statutory framework of the Tribunals’ business.

Individual development and training needs are identified through a ‘plan on a page’ performance agreement system. The objectives of the performance agreement system are:

• providing a clear link between individual performance and organisational priorities
  and plans;
• improving communication between employees and supervisors;
• determining learning and development needs and appropriate activities; and
• defining supervisor and employee responsibilities and expectations.

A new database and reporting system has been developed to enable more efficient learning and development administration and to streamline the identification of training needs through the performance management system.

The Tribunals have a studies assistance scheme. A total of 26 staff undertook approved courses of study, taking a total of 110 days study leave and being reimbursed $77,504 in course fees.

Executive remuneration

The Tribunals have one Senior Executive Service (SES) officer. Remuneration and conditions were determined through an Australian Workplace Agreement (AWA) and a section 24 determination, taking into account current APS remuneration levels and the market demand for the skills of the particular officer. The AWA made provision for performance pay at a level consistent with other similarly qualified officers in the APS.

Certified Agreement

The current Certified Agreement covers all non-SES employees and was varied and extended by the Australian Industrial Relations Commission on 9 April 2009. The nominal expiry date is 29 November 2011.

The objectives set out in the Agreement are:

• to attract and retain quality people by having an affordable and attractive package of pay and conditions;
• to ensure our employment conditions continue to meet the needs of the Tribunals and our employees;
• to contribute to the achievement of, and be consistent with, the Tribunals’ corporate objectives; and
• to improve productivity through greater efficiency and flexibility in the way that the Tribunals implement Government policy.

Table 5.5 sets out the salary range as at 30 June 2009. This reflects the most recent salary increase in the Certified Agreement, which was 4.3% from 9 April 2009.

Table 5.5 – Salary range pay points as at 30 June 2009

Level	Lowest	Highest
APS 1	$22,212	$40,883
APS 2	$41,857	$46,386
APS 3	$47,636	$51,390
APS 4	$53,056	$57,583
APS 5	$59,146	$63,863
APS 6	$65,452	$73,361
Legal Officer	$53,056	$73,361
EL 1	$81,789	$90,418
Senior Legal Officer	$81,789	$101,880
EL 2	$94,304	$109,926
Principal Legal Officer	$110,509	$116,509

Salary advancement through pay points at each classification level occurs where an employee is assessed as satisfactory under the performance management system.

The Certified Agreement as varied includes provision for:

• access to an employee assistance programme;
• study assistance;
• a public transport loan scheme;
• influenza vaccination and eyesight testing;
• allowances for first aid officers, fire wardens, health and safety representatives and harassment contact officers;
• a period of 5 years for return to work or access to part-time work, following the birth or adoption of a child;
• inclusion of cultural kinship relationships for bereavement leave;
• one day’s paid leave per year for volunteer work or emergency services training;
• access to unpaid career interval leave after 5 years service; and
• contributions towards promoting good health.

Following the extension and variation of the MRT-RRT Certified Agreement, all non-SES AWAs were terminated. Up to this time, seven non-SES employees had AWAs. The terms and conditions of the AWAs were determined taking into account APS remuneration levels and the skills of the particular employees. Six AWAs provided a responsibility allowance and one provided for the use of an agency-leased car. One AWA provided a retention allowance. The AWAs were comprehensive agreements which provided a similar range of non-salary benefits to those set out in the Certified Agreement.

Seven AWAs, in respect of one SES officer, one Principal Legal Officer and 5 Executive Level 2 officers, provided for performance-linked bonuses. An aggregate amount of $83,531 was paid in performance-linked bonuses during 2008–09 in respect of performance in calendar year 2008. The average bonus payment was $11,933.

The extended and varied MRT-RRT Certified Agreement in April 2009 includes a flexibility clause which provides for the supplementation of terms and conditions. Supplementary agreements have been made with 7 non-SES employees in accordance with the flexibility clause and all include provision for a bonus based on performance, which the Certified Agreement does not otherwise provide for.

Occupational health and safety

As a result of amendments to the Occupational Health and Safety Act 1991 (OHS Act) that commenced on 15 March 2007, the Tribunals established health and safety management arrangements (HSMAs) during 2008 in consultation with Members and employees.

The HSMAs are aimed at ensuring the health and safety at work of Members and employees through:

• providing and maintaining a healthy and safe work environment;
• providing financial and other resources to ensure that necessary OHS programs and activities are established and maintained;
• providing a forum for consultation and cooperation on OHS matters;
• complying with legislation as a minimum standard and implementing in full the requirements of the Act and the Occupational Health and Safety (Safety Arrangements) Regulations 1991 in all aspects of the Tribunals’ business;
• making all levels of management within the Tribunals accountable for OHS; and
• ensuring that all Members and employees of the Tribunals are aware of their obligations under the Act and that they have the necessary skills to meet these obligations.

The Tribunals’ Health and Safety Representatives are elected as required by the OHS Act. All Health and Safety Representatives attend a five day training course that covers their responsibilities under the OHS Act.

OHS Committees in Sydney and Melbourne meet quarterly. No investigations were conducted under the OHS Act, nor were any directions or notices given.

The Tribunals’ focus is on reducing the social and financial cost of occupational injury and illness through timely intervention, promoting prevention activities and improving OHS capability. OHS and prevention activities undertaken in the Tribunals during the year included:

• providing office and workstation assessments by professional occupational therapists and physiotherapists;
• facilitating instruction and education by occupational therapists and physiotherapists
  of Members and staff in correct ergonomic practices and injury prevention;
• providing influenza vaccinations in the workplace; and
• improving awareness of health and safety issues of managers and staff through training.

The 2009–10 Workers’ Compensation premium for the Tribunals as advised by Comcare is 25% less than the cost for 2008–09. This reduction is attributable to a combination of legislative changes and early intervention strategies in the management of risk in the workplace and in relation to rehabilitation action.

Workplace diversity

The Tribunals value a workplace free from discrimination and harassment, and seek to ensure that employment decisions are based on merit. Through the Certified Agreement, the Tribunals emphasise flexibility and choice for employees to enable balance between work, family, community and lifestyle choices.

The Tribunals’ Workplace Diversity Program was implemented in February 2006. The Program focuses on strategies to facilitate an understanding of workplace diversity (WD) principles and to ensure fairness and inclusiveness are applied in all business activities, and in human resource policies and practices.

The principles underlying the Program are:

• treating each other with respect and dignity;
• making judgements based on equity and merit;
• recognising people as individuals and valuing their diversity;
• using the contributions that people can make to the Tribunals;
• taking appropriate action to identify and deal with discrimination and harassment; and
• providing a safe, secure and healthy working environment.

In 2009 the WD Steering Committee, comprising management and staff representatives, commenced a review of the WD Program. To improve the quality of our diversity data and to enable us to better focus program strategies employees were asked to complete an online questionnaire on diversity.

To heighten awareness of the benefits of diversity to the Tribunals’ workforce, this year we celebrated Harmony Day and International Women’s Day. We also included profiles of employees from diverse backgrounds and articles about sexual harassment in the Tribunals’ internal newsletter.

Approximately 1.9% of APS staff in the Tribunals identify as Aboriginal or Torres Strait Islander. Through its Workplace Diversity Program the Tribunals are working to engage, support and retain indigenous employees. This year, we participated in the APSC’s Indigenous Entry Level Recruitment Programme (IELRP) and offered a traineeship in Sydney. The Programme is designed to increase the number of Indigenous Australians employed in the APS. It looks to provide a pathway to employment for Aboriginal and Torres Strait Islanders who may not hold formal qualifications or a working background relevant to employment in the APS.

During the year we held regular meetings for our Workplace Harassment Contact Officer Network to improve the visibility and cohesiveness of the group. We also updated our Workplace Harassment Prevention Guideline.

Disability strategy

The Tribunals’ Disability Action Plan sets out how the MRT and the RRT comply with the Disability Discrimination Act 1992 and the Commonwealth Disability Strategy. The Strategy provides a framework for identifying and developing strategies that will improve access to services and facilities.

The plan commits the Tribunals to ensuring that people with disabilities are not disadvantaged when accessing the services provided by the Tribunals. The plan encompasses the activities of the Tribunals as a service provider and purchaser. The plan is reviewed annually and is reinforced by other planning documents, including the Tribunals’ Plan, the Service Charter and the Workplace Diversity Program.

The Tribunals’ Disability Action Plan is set out in Appendix 4.

Ecologically sustainable development and environmental performance

Section 3A of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) sets out the principles of ecologically sustainable development. The Tribunals review these principles in relation to Tribunal activities on an annual basis.

Members and staff are encouraged to contribute to reducing our impact on the environment. The Tribunals use 100% recycled A4 paper and energy compliant computer monitors, encourage the use of double-sided printing, promote awareness about the use of electricity and water; encourage the use of E10 and diesel fuels in agency cars (16% of fuel purchased in 2008–09) and encourage the storage and use of electronic records and documents.

Purchasing

The Tribunals’ purchasing arrangements with suppliers include contracts and purchase orders for the supply of consultancies, interpreting and translation services, communication services, rental of property and other goods and services. All purchases over $10,000 are recorded on AusTender and the Tribunals comply with the Senate Order on Departmental and Agency contracts by maintaining on the Tribunal website details of contracts exceeding $100,000 in value.

All purchasing is conducted in accordance with the Commonwealth Procurement Guidelines and Chief Executive Instructions. In line with these policies, the Tribunals conduct procurement with value for money as the core principle. This is achieved through:

• encouraging competition;
• the efficient, effective and ethical use of resources; and
• accountability and transparency in decision making.

The Tribunals provided information and participated in activities related to scoping studies being conducted in relation to whole-of-Government procurement during the course of the year.

Official air travel was arranged consistently with the Government’s best fare of the day policy, and the Tribunals achieved the target of at least 25% use of smaller airlines on the Canberra-Sydney route.

No contracts or offers were exempted from publication in AusTender on the basis that publication would disclose exempt matters under the Freedom of Information Act 1982.
The Tribunals use a standard contract proforma with provisions providing for access by the Auditor-General.

The Tribunals have not let any Competitive Tendering and Contracting (CTC) contracts
during 2008–09 for the provision of services previously performed in-house.

Assets management

The Tribunals manage over 1,000 assets with a combined value of $5.4 million. The major asset categories include fit-out, office machines, furniture and fittings, IT equipment and intangible assets (software). Assets are depreciated at rates applicable for each asset class.

The Finance Section prepares accrual-based monthly reports on the progress of purchases against capital plans and depreciation against the budget in order to achieve effective asset management.

An annual stocktake is performed to update and verify the accuracy of asset records.

Consultancy services

A range of services are provided to the Tribunals under contract, including consultancy services. Consultants are distinguished from other contractors by the nature of the work they perform. A consultant is an individual, a partnership or a corporation engaged to provide professional, independent and expert advice or services that will assist with agency decision-making.

The Tribunals engage the services of consultants when:

• there is a need for specialist knowledge or skills;
• an independent assessment or opinion is desirable;
• the proposed consultancy meets corporate objectives or will bring about productivity savings; and
• alternatives to the use of a consultant have been considered.

In determining whether contracts are for consultancy or non-consultancy services, the Tribunals have regard to guidelines published by the Department of Finance and Deregulation.

During 2008–09, 5 new consultancy contracts were entered into involving total actual expenditure of $18,181. None exceeded $10,000. No ongoing consultancy contracts were active during the 2008–09 year.

Table 5.6 – Annual expenditure on consultancy contracts

	2008–09	2007–08	2006–07
Expenditure	$18,181	$100,558	$83,302

Information on expenditure on contracts and consultancies is also available on the AusTender website www.tenders.gov.au.

Purchaser/provider arrangements

All agencies are required to report on purchaser/provider arrangements. Purchaser/provider arrangements relate to arrangements where the outputs of one agency are purchased by another agency to contribute to outcomes. Purchaser/provider arrangements can occur between Commonwealth agencies or between Commonwealth agencies and State/Territory government or private sector bodies. The Tribunals have no purchaser/provider arrangements.

The MRT and RRT have a service delivery agreement with the Administrative Appeals Tribunal (the AAT) for the AAT to provide accommodation, registry and support services in Brisbane, Adelaide and Perth. The Tribunals have Members based in each of those locations.

Discretionary grants

All agencies are required to report on discretionary grants. Discretionary grants are payments where discretion is used to determine whether or not a particular body receives a grant. The Tribunals did not provide or receive any discretionary grants during 2008–09.

Advertising and market research

All agencies are required to report on advertising and market research. During 2008–09, the Tribunals spent $6,958 (inclusive of GST) on advertising services as set out in Table 5.7. The Tribunals did not engage any market research services.

Table 5.7 – Advertising services

Vendor	Amount	Description
HMA Blaze Pty Ltd	$6,958	Employment advertising
Total	$6,958

Correction of material errors in previous Annual Report

No material errors have been identified in last year’s Annual Report.