Part 1 – Principal Member’s Report

Principal Member

I am pleased to provide this report on the tribunals' operations for the 2011–12 financial year.

Consistent with the trend in recent years, the tribunals' caseload and output continued to increase in 2011–12. The tribunals made 10,815 decisions in 2011–12, 18% more than the previous year. While decision making increased, it could not match the unabated increase in applications. Combined lodgements were up by 30% in 2011–12 and the active caseload increased by 55% to 18,364 cases at 30 June 2012. Due to the increase in applications and the unavailability of some experienced members, the proportion of RRT cases decided within 90 days dropped to 32% in 2011–12, down from 71% in 2010–11.

Despite the caseload pressures, the quality of our decision making remains high, demonstrated by the low number of judicial review applications and remittals. Very few tribunal decisions made in 2011–12 were the subject of a judicial review application. Tribunal decisions (made in 2011–12 or earlier) were set aside by a court in only 8% of the matters finalised by the courts in 2011–12. The low number of complaints is also an indicator of quality decision making, with only 18 complaints received in 2011–12, equating to less than two complaints per 1,000 cases decided.

A number of strategies were implemented in 2011–12 to improve efficiency and reduce the number of unconstituted cases. These strategies included allocating batches of like cases to members, prioritising the constitution of all older MRT cases and making bulk allocations of RRT cases to members. There was also a stronger focus on member performance, with higher annual decision targets and enhanced reporting on the timeliness of case processing.

There were several new developments in 2011–12 with the commencement of new complementary protection arrangements and the introduction of a single processing system for irregular maritime arrivals. Since 24 March 2012 merits review of protection visa decisions by the RRT has included assessment of a new complementary protection criterion.

A comprehensive manual was developed and training sessions held to prepare members and staff for the introduction of the new arrangements. At 30 June 2012, three cases had been remitted to the department on complementary protection grounds.

In November, the Minister for Immigration and Citizenship (the Minister) announced a single system for processing the claims of people seeking asylum in Australia regardless of their mode of arrival. In preparation for the transfer of this caseload to the RRT, Professor the Hon Michael Lavarch, AO was commissioned to investigate possible ways to reduce the tribunals' on-hand caseload (the Lavarch Review). The Minister agreed to implement the recommendations proposed in the Report on the increased workload of the MRT and RRT. From 24 March irregular maritime arrivals could request the RRT review denied protection visa applications. At 30 June 2012, the RRT had received 55 applications from irregular maritime arrivals. This caseload is expected to increase significantly in 2012–13. The tribunals have undertaken extensive caseload, staffing, accommodation and infrastructure planning to prepare for the new caseload and have been assisted by the transfer of staff and resources from the Independent Protection Assessment Office (IPAO) from July 2012.

In June 2012, the Governor-General appointed me as Principal Member, along with three new senior members, 14 full-time members and 18 part-time members for terms of three and five years. The new members are based in Sydney, Melbourne, Brisbane, Adelaide and Perth. The increase in membership is expected to significantly enhance the tribunals' operating capacity.

The tribunals continued a community liaison program in 2011–12 as part of a commitment to being open and accessible, and building productive working relationships with stakeholders. Monthly community liaison updates were circulated and meetings held across the country in November 2011 and April 2012. Matters raised by stakeholders at these meetings included arrangements for the new irregular maritime arrival caseload, the complementary protection regime, case processing times and interpreting standards. A new Stakeholder Engagement Plan has been developed for 2012-14 to outline the tribunals' approach to engaging with clients and stakeholders, and strategies to support communication and services.

A number of public information sessions were held in 2011–12, involving MRT sessions in Melbourne, Sydney and Brisbane during Law Week in May 2012, and RRT sessions in Adelaide, Melbourne and Sydney during Refugee Week in June 2012. The events were a success, with staged hearings and presentations from staff and members providing visitors with an insight into decision making and operations.

The tribunals' total operating expenditure for 2011–12 was $53.3 million, with a deficit of $3.7 million. Salaries, accommodation and interpreters are the tribunals' greatest expenses. The tribunals received increased appropriations of $13.9 million over four years in the 2011–12 Budget, which was offset by increases in application fees from 1 July 2011. The 2012–13 Budget also provided an increased appropriation of $8.5 million for 2012–13. The funding will assist the tribunals manage the new irregular maritime arrival caseload, providing for both operating and capital expenditure. A review of the tribunals' resourcing is expected to be considered in the lead up to the 2013-14 Budget.

The tribunals' key priorities for 2012–13 include moving towards the nationalisation of operations and greater specialisation in members' caseloads, managing the increasing number of applications, meeting time-standards and implementing a new enterprise agreement. The tribunals' capacity is expected to increase significantly with the new member and senior member appointments, the return of members undertaking work with the IPAO and the implementation of recommendations contained in the Lavarch Review.

The tribunals said farewell to Principal Member Mr Denis O'Brien in June 2012. In his five years as the Principal Member, Mr O'Brien emphasised fairness, consistency and quality outcomes in tribunal decision making. Under his leadership there was a substantial drop in judicial review and overturn of tribunal decisions, and an expansion of the tribunals' engagement with external stakeholders. On behalf of members and staff, I would like to acknowledge Mr O'Brien's contribution and leadership over the past five years.

Finally, I would like to acknowledge the hard work of staff and members during 2011–12, and thank them for their support as I commence as the new Principal Member.