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Part 4 – 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.

Ms Amanda MacDonald was appointed as the Deputy Principal Member of the MRT and RRT from 1 April 2010. The Deputy Principal Member’s responsibilities include conducting the members’ professional development program and the tribunals’ community liaison arrangements.

Senior Members of the tribunals provide leadership and guidance to members. The Senior Members are Ms Linda Kirk (Vic), Mr Peter Murphy (Vic), Dr Irene O’Connell (NSW), Mr Giles Short (NSW) and Mr John Cipolla (Acting) (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 Rhys Jones is the acting Registrar and Ms Hilary Lovibond is the acting Deputy Registrar.

As at 1 July 2010, the governance framework for the tribunals was as follows:

• A Management Board, consisting of the Principal Member, the Deputy Principal Member, 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, standing, Senior Member Peter Murphy, Principal Member Denis O’Brien, Senior Member Irene O’Connell, acting Registrar Rhys Jones, Senior Member Giles Short, and seated, Deputy Principal Member Amanda MacDonald, acting Senior Member Kira Raif and Senior Member Linda Kirk. Acting Senior Member John Cipolla was on leave at the time the photograph 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 independent, fair, just, economical, informal and quick reviews of migration and refugee decisions. The budget statements include performance indicators, and a report against them is set out in Part 3 of this Report.

The Tribunals’ Plan 2007–2010 states that we want to be known 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 tribunals’ website.

The tribunals’ caseload and constitution arrangements are set out annually in a Principal Member Direction. It 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 available on the tribunals’ website.

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 tribunals’ website.

Risk management

The tribunals are committed to identifying and managing strategic and operational risks through strategic, business, internal audit, fraud control, security, procurement and project plans, and through guidelines, procedures and insurance arrangements. The tribunals conduct formal risk assessments as part of the development or review of plans and in relation to significant procurements or projects. The tribunals approach is guided by the Australia and New Zealand Risk Management Standard (AS/NZS 4360:2004) and risk management is a standing agenda item for monthly Management Board meetings. The tribunals’ executive and senior members and managers are responsible for promoting risk management strategies and practices and for ensuring that all members and staff understand those strategies and practices and their responsibilities in relation to understanding, identifying and managing risk.

The tribunals have in place an audit and risk management framework including an Audit and Risk Management Committee (ARMC) comprising senior tribunal management, representatives from the Australian National Audit Office (ANAO) and representatives 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’ audit and risk management framework has recently been strengthened by the appointment of an independent audit chair with extensive public sector audit experience.

During the year, the tribunals’ Internal Auditors concluded a Fraud Risk Assessment resulting in the development of a Fraud Risk Management Action Plan and update of the Fraud Control Plan detailing the tribunals’ strategic approach to fraud prevention, detection, investigation and prosecution in accordance with the Commonwealth Fraud Control Guidelines. Annual fraud data is also collected and reported to the Attorney-General’s Department. The following certification is provided:

During the year, the Internal Auditors also completed a triennial Business Risk Assessment which included a review of the tribunals’ business risk profile. This assessment forms the basis for the development of a new three year Internal Audit Plan (2010–2013).

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.

External scrutiny

The tribunals are subject to external scrutiny through the publication of decisions and country advice, judicial review by 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 including 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.

Whole of Government reforms

The tribunals undertook a range of activities in relation to whole of government reforms during the year. Extensive work was undertaken in relation to the Information and Communications Technology Review (the ICT review). The work included identifying savings proposals, developing reinvestment proposals, identifying quick green “wins” in areas such as energy use and meeting the detailed ICT reporting requirements. Preliminary work was also done in relation to the adoption of the P3M3™ methodology for assessing agency capability.

In relation to whole of government procurement arrangements, the tribunals:

• have joined the Microsoft Volume Sourcing Agreement;
• have procured replacement desktop computers through interim whole of government arrangements co-ordinated by the Australian Government Information Management Office and the Department of Defence;
• have taken the first steps towards participation in the internet gateway reduction process;
• are included in a cluster arrangement covering travel with the Department of Immigration and Citizenship; and
• are intending to utilise the telecommunications arrangements once the framework is settled.

Consistently with the new Commonwealth Property Management Guidelines, the tribunals have provided detailed data for the Australian Government Property Data Collection (PRODAC) and are developing a property management policy.

In May 2010 the Government announced that it accepted all of the recommendations in Ahead of the Game: Blueprint for Reform of Australian Government Administration. The Blueprint outlines a comprehensive reform agenda for the APS. Four broad areas are identified (meeting the needs of citizens, providing strong leadership and strategic direction, a highly capable workforce and operating efficiently and at a consistently high standard) with 28 specific recommendations.

External scrutiny

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 4.1 sets out the progress made in relation to each recommendation.

Table 4.1 – 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. A consultant has been engaged to assist the tribunals to review the plan by the end of 2010. 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 PBS statements include specific information in relation to quality indicators and the tribunals’ outputs. There are specific measures for case processing timeliness, complaints and judicial reviews of 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 subsequent 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 tribunals have subsequently decided not to adopt a ‘balanced scorecard’ type management report. There has been extensive modification of the performance information which is prepared for internal management reporting and an expansion of the performance information which is published by the tribunals monthly. Standard formats have been implemented for monthly management reports.
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 handling and providing members with more systematic complaints feedback; and conducting regular surveys of the satisfaction of applicants and their representatives with tribunal service performance.	The tribunals have developed a Stakeholder Engagement Plan and extended community liaison arrangements. A Service Charter review commenced in mid-2010 and will be completed during 2010. Time targets are set out in the PBS statements and on the tribunal website. The tribunals have also published a processing time calculator on the tribunal website which allows a person to enter an application date and case type and to receive an estimate of when the case is likely to be decided. Drafts of new application forms have been developed and are undergoing revisions based on feedback from members and staff. The 2008 policy on complaints handling was revised and reissued during 2010. A series of surveys is planned for 2010–11.

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:

• values diversity and the contributions made by people;
• encourages ethical and good workplace behaviour;
• is productive, professional and delivers quality service;
• actively identifies and addresses health and safety issues; and
• supports 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

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 have typically worked in a profession or have 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 59% of members are part-time.

Following a merits selection process Ms Amanda MacDonald was appointed as the Deputy Principal Member of the MRT and RRT for a term of 5 years commencing 1 April 2010. This appointment followed amendments to the Migration Act which established a position of Deputy Principal Member of the MRT. Previously, the Migration Act provided only for a Deputy Principal Member of the RRT.

The membership as at 30 June 2010 is set out in Table 4.2.

Table 4.2 – Membership as at 30 June 2010

	Women	Men	Total
Principal Member	–	1	1
Deputy Principal Member	1	–	1
Senior members	3*	2	5*
Full-time members	10	13	23
Part-time members	42	22	64
Total	56	38	94

* Ms Kira Raif counted as Senior Member (full-time member acting as Senior Member).

The appointments of 9 full-time members and 37 part-time members expired on 30 June 2010. A selection process was undertaken and 16 full-time members and 27 part-time members were appointed on 1 July 2010 for a term of 5 years. One part-time member resigned before taking up his appointment.

On 1 July 2010, one continuing full-time member was appointed as a part-time member for the remainder of the term of appointment.

The membership as at 1 July 2010 is set out in Table 4.3.

Table 4.3 – Membership as at 1 July 2010

	Women	Men	Total
Principal Member	–	1	1
Deputy Principal Member	1	–	1
Senior members	3*	2	5*
Full-time members	10	19	29
Part-time members	40	14	54
Total	55	35	90

* Ms Kira Raif counted as Senior Member (full-time member acting as Senior Member).

A list of members and their appointment periods as at 1 July 2010 is available in Appendix 1 of this Report. Member biographies are available on the tribunal website.

Member professional development and performance

The tribunals’ membership is highly competent and professional and is supported by legal, research and administrative staff and continuing professional development. 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.

On appointment, although experienced in other fields, members do not necessarily have detailed knowledge of migration or refugee law 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.

The National Member Professional Development Committee works to ensure that members have access to relevant and high quality development activities which will enhance the quality of the tribunals’ decision making. The committee sets the strategic direction for member professional development and has responsibility for the national member conference and new member induction programs. Chaired by the Deputy Principal Member and comprising the Principal Member, all Senior Members, Melbourne and Sydney member representatives and the directors of Legal Services and Country Advice and Information, the committee brings together a wide range of experience and seeks to formulate the most relevant, interesting and accessible calendar possible.

In Melbourne and Sydney, local professional development committees identify the individual and collective development needs of members and draft an ongoing program taking into account these needs and key strategic issues, for approval by the national committee. Two sessions are usually held per month and members are expected to attend as many as possible. The programs include training in legal issues, country information and forums for discussing current issues. Highlights for 2009–10 have included Making Credibility Determinations on Refugee Claims – the US Model by US Immigration Judge Phillip Williams, seminars on Working effectively with Interpreters by Dr Sandra Hale, Associate Professor at the School of Humanities and Languages at the University of Western Sydney and a presentation by Dr Ida Kaplan and Guy Coffey of the Victorian Foundation for the Survivors of Torture on dealing with victims of torture and trauma.

The National Members’ Conference was held in Bowral in September 2009. A number of academics and subject experts spoke at the conference. Keynote speakers were the Minister for Immigration and Citizenship, Senator Chris Evans and the Commonwealth Solicitor General, Mr Stephen Gageler SC who addressed members on ‘ The impact of migration law on the development of administrative law in Australia over the last 25 years’.

A program of ‘background briefing’ sessions is an initiative designed to provide members with greater contextual insight into culture and location-specific issues. A number of topic experts were invited by the tribunals to speak to members on a range of relevant issues, for example, foreign correspondent Paul McGeough spoke to members in May on political and human rights developments in Iraq and Afghanistan.

Staff

Professional staff support to members is vital to the efficient and lawful conduct of reviews. An important role of staff is the provision of member and client services. Registry 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 staff dealings with all stakeholders are essential for good tribunal performance and are important to our reputation. Important values are understanding and responding to client needs and seeking to improve services for individuals, families, businesses and the community.

Legal Services staff and Country Advice and Information Services staff provide high quality advice and information to members to support the conduct of reviews. Information Technology, Human Resources, Finance and Business Services, Caseload Strategy, Policy and Procedures and Executive Support staff provide a range of enabling services to support the operation of the tribunals and the delivery of high quality decisions.

Staff are employed under the Public Service Act and are appointed as tribunal officers under the Migration Act. As at 30 June 2010, the tribunals employed 272 APS employees comprising:

• 229 ongoing full-time employees;
• 37 ongoing part-time employees;
• 5 non-ongoing full-time employees; and
• 1 casual employee.

Table 4.4 sets out the number of staff employed as at 30 June 2010. Approximately 36% of employees are men and 64% are women.

Table 4.4 – Staff as at 30 June 2010

	NSW			Victoria			Total
APS Level	Women	Men		Women	Men
APS 1	0	0		0	0		0
APS 2	3	2		2	3		10
APS 3	24	8		6	3		41
APS 4	28	19		12	5		64
APS 5	26	8		12	5		51
APS 6	22	14		9	7		52
Legal Officer	6	2		2	2		12
Executive Level 1	10	8		2	1		21
Senior Legal Officer	3	2		1	4		10
Executive Level 2	5	2		1	0		8
Principal Legal Officer	1	0		0	0		1
SES B1	0	0		1	0		1
SES B2	0	1		0	0		1
Total	128	66		48	30		272

Further staffing statistics are set out in Appendix 3.

Workforce planning

The tribunals continue to review strategies to attract and retain quality staff. A wide range of skills and expertise are required, from general administrative staff, to lawyers, accountants, and technology professionals. Staff are employed across 10 sections: Executive Support, Policy and Procedures, Caseload Strategy, Legal Services, Country Advice and Information Services, the NSW Registry, the Victorian Registry, Human Resources Section, Information Technology Section and Finance and Business Services.

The tribunals participate in 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 impact our capacity to attract and retain quality staff.

Learning and development

A changing work practice environment requires us to do our core business well, to define roles, standards and expectations clearly and to identify good performance. A major focus for the registries during the year was on managing and understanding client expectations. A series of client satisfaction workshops were delivered and attended by all registry staff. Staff also attended sessions on cross cultural communication and managing difficult client interactions. Training to enhance skills included time management; influencing and persuading skills; project management; and selected systems training. Corporate training was delivered on a range of topics covering staff representation, workplace harassment, selection committees and induction.

Individual development and training needs are identified through the 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.

Performance agreements and learning needs are tracked and monitored through an electronic reporting system.

The tribunals have a studies assistance scheme. A total of 25 staff undertook approved courses of study, taking a total of 80 days study leave and being reimbursed $66,005 in course fees.

Executive remuneration

The tribunals have one Senior Executive Service (SES) officer. Remuneration and conditions were determined through section 24 (1) determinations, taking into account current APS remuneration levels and the market demand for the skills of the officer. The section 24 (1) determinations 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 4.5 sets out the salary range as at 30 June 2010. This reflects the most recent salary increase in the Certified Agreement, which was 4.3% from 15 October 2009.

Table 4.5 – Salary range pay points as at 30 June 2010

Level	Lowest	Highest
APS 1	$23,167	$42,641
APS 2	$43,657	$48,381
APS 3	$49,684	$53,600
APS 4	$55,337	$60,059
APS 5	$61,689	$66,609
APS 6	$68,267	$76,516
Legal Officer	$55,337	$76,516
EL 1	$85,306	$94,306
Senior Legal Officer	$85,306	$106,261
EL 2	$98,359	$114,653
Principal Legal Officer	$115,260	$121,519

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

The extended and varied Certified Agreement includes provision for:

• access to an employee assistance program;
• 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.

The Certified Agreement also includes a flexibility clause which provides for the supplementation of terms and conditions. Supplementary agreements have been made with 9 non-SES employees in accordance with the flexibility clause. Six supplementary agreements, in respect of one Principal Legal Officer and five Executive Level 2 officers, provided a responsibility allowance. One supplementary agreement provided for the use of an agency-leased car, one provided for part-time employment and one provided a retention allowance. Three supplementary agreements, in respect of three Executive Level 1 officers or equivalent, provided an additional salary component.

One SES officer, one Principal Legal Officer and seven Executive Level 2 officers received performance pay. An aggregate amount of $49,037 was paid in performance-linked bonuses during 2009–10 in respect of performance in calendar year 2009. The average bonus payment was $5,449 and payments ranged from $1,795 – $9,114.

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) in 2008 in consultation with members and staff.

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 members and staff through training.

The 2010–11 Workers’ Compensation premium for the tribunals as advised by Comcare is 13% less than the cost for 2009–10. This continuing trend reflects the success of preventative strategies in the management of risk in the workplace and to early rehabilitation intervention.

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.

A revised Workplace Diversity Program was implemented in July 2009. The Program focuses on strategies to facilitate an understanding of workplace diversity principles and to ensure fairness and inclusiveness are applied in all business activities, and in human resource policies and practices.

The principles underlying the Workplace Diversity 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.

To heighten awareness of the benefits of diversity to the tribunals’ workforce, we continued to celebrate Harmony Day and International Women’s Day.

In response to the Government’s commitment to increase the representation of Indigenous employees in the APS to 2.7% by 2015, the tribunals increased efforts to recruit and retain Indigenous employees. During the year, an Indigenous trainee, recruited via the centralised APSC Indigenous Pathways to Employment program, completed a structured program of rotations through various sections of the tribunals, before winning a promotion to another agency. At the end of the year, the tribunals were negotiating an employment opportunity with indigenous graduates for a position in either Sydney or Melbourne.

The tribunals consulted with staff and contributed to the development of a high level Immigration Portfolio Indigenous employment strategy, which sits alongside and complements the tribunals’ Workplace Diversity Program and its recently revised Reconciliation Action Plan. As part of our ongoing commitment and support to Aboriginal and Torres Strait Islander culture and heritage, an Indigenous issues page was created on the tribunals’ intranet and events held in the tribunals’ Sydney and Melbourne offices included the celebration of National Sorry Day (26 May) and Reconciliation Week (27 May to 3 June).

The tribunals are committed to providing a workplace that is safe and free from behaviour that may reasonably be perceived as harassing, intimidating, overbearing, bullying, or physically or emotionally threatening and ensuring that all employees are treated with respect and courtesy. To ensure the safety, rights and obligations of members and staff, complaints handling is based on confidentiality, impartiality, procedural fairness and protection from victimisation.

Information is provided to all to staff and members in regard to workplace harassment prevention. Following revision of the Workplace Harassment Prevention guideline, 11 new Workplace Harassment Contact Officers were appointed and trained in April 2010.

Disability strategy

The tribunals’ Disability Action Plan details the tribunals’ compliance 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 also encompasses the activities of the tribunals as a service provider and purchaser. The plan is reviewed annually and is reinforced by other strategic 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 have recently purchased lower energy computers, encourage the use of double-sided printing, promote awareness about the use of electricity and water, encourage the use of composting food waste in the Melbourne office and are actively moving to the storage and use of electronic records and documents. Walk to Work and Ride to Work days are advertised internally and actively supported by management.

Green Committee

The tribunal’s Green Committee identifies opportunities and develops proposals for more environmentally sustainable practices, processes and purchasing, and promotes an environmentally sustainable culture within the tribunals.

Purchasing

The tribunals’ purchasing arrangements with suppliers include contracts and notified consultancies, interpreting 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 publishing on the tribunals’ 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 lowest practical fare policy.

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 2009–10 for the provision of services previously performed in-house.

Assets management

The tribunals manage over 1,000 assets with a combined value of $4.5 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 – Guidance on Procurement Publishing Obligations.

During 2009–10, 2 new consultancy contracts were entered into involving total actual expenditure of $17,833. One exceeded $10,000. No ongoing consultancy contracts were active during the 2009–10 year.

Table 4.6 – Consultancy services let during 2009–10, of $10,000 or more

Consultant Name	Description	Contract Price	Selection Process	Justification
Profmark Consulting Pty Ltd	Conducting a Staff/Member survey and reporting on findings	$15,560	Select Tender	Need for independent research or assessment

Table 4.7 – Annual expenditure on consultancy contracts

	2009–10	2008–09	2007–08
Expenditure	$17,833	$18,181	$100,558

Annual Reports contain information about actual expenditure on contracts for consultancies. Information on the value of contracts and consultancies is 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 2009–10.

Advertising and market research

All agencies are required to report on advertising and market research. During 2009–10, the tribunals spent $8,936 (inclusive of GST) on advertising services as set out in Table 4.8. The tribunals did not engage any market research services, or conduct any advertising campaigns.

Table 4.8 – Advertising services

Vendor	Amount	Description
Adcorp Australia Ltd	$8,936	Employment advertising
Total	$8,936

Correction of material errors in previous Annual Report

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