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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 members’ professional development and community liaison arrangements.

Senior Members of the tribunals provide leadership and guidance to members. The Senior Members are Mr John Billings (Vic), Mr John Cipolla (NSW), Ms Linda Kirk (Vic), Mr Peter Murphy (Vic), Ms Kira Raif (NSW), Mr Shahyar Roushan (NSW), Mr Giles Short (NSW) and Mr Don Smyth (Qld).

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 duties and functions as the Principal Member directs. Mr Colin Plowman is the Registrar and Mr Rhys Jones is the Deputy Registrar.

The governance framework for the tribunals includes:

• A Management Board, consisting of the Principal Member, the Deputy Principal Member, the Registrar, the Senior Members and the Deputy Registrar. The Board meets monthly.
• A Senior Management Group (SMG), comprising the Registrar, the Deputy Registrar and senior 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, Deputy Principal Member Amanda MacDonald, Senior Member John Cipolla, Registrar Colin Plowman, Senior Member Peter Murphy, Senior Member Don Smyth, Senior Member Linda Kirk, and seated, Deputy Registrar Rhys Jones, Senior Member Giles Short, Principal Member Denis O’Brien, Senior Member Kira Raif and Senior Member Shahyar Roushan. Senior Member John Billings was interstate on the day 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 identify a single outcome for the tribunals: To provide correct and preferable decisions for visa applicants and sponsors through independent, fair, just, economical, informal and quick merits 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 2011–13 states that the tribunals’ reputation depends on professional, effective and courteous dealings with applicants and their representatives and on the quality, integrity, consistency and timeliness of our decision-making. The independence of members in decision-making, the quality of decision-making and the publication of decisions and other information are vital to retaining respect and credibility in relation to tribunal review processes and decisions.

The tribunals strive to maintain a culture that is respectful of people with whom we deal, and to make decisions which achieve the correct or preferable outcome irrespective of representation or language, cultural or other barriers.

Maintaining a reputation for delivering consistent, high quality and timely reviews continues to be fundamental to the tribunals’ success.

The Tribunals’ Plan is available on the tribunals’ website.

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

All tribunal sections have business plans.

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 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 have in place an audit and risk management framework including an Audit and Risk Management Committee (ARMC) comprising an independent chair and senior tribunal representatives. 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 attend to assist the ARMC. 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.

During the year, the Australian Federal Police concluded a review of the agency Security Plan and the tribunals’ Internal Auditors concluded reviews of the payroll, finance, registry cash handling, Certificate of Compliance reporting and IT security functions as part of a three year Internal Audit Plan.

During the year, the tribunals’ also developed an Audit and Risk Management Plan and updated the Financial Delegations and Chief Executive Instructions (CEIs).

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.

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.

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. The tribunals also developed a P3M3™ Capability Improvement Plan.

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

• have joined the Microsoft Volume Sourcing Agreement
• have procured replacement desktop computers through whole of government arrangements co-ordinated by the Australian Government Information Management Office (AGIMO)
• have procured replacement multi-function devices through whole of government arrangements for Major Office Machines coordinated by the Department of Finance and Deregulation
• have liaised with the assigned lead agency towards participation in the internet gateway reduction process
• are included in a cluster arrangement covering travel with the Department of Immigration and Citizenship
• have joined whole of government telecommunications arrangements for mobile carriage and are exploring the use of telecommunications arrangements for fixed voice and data in 2011–12.

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

External scrutiny

There were no major reviews or reports on the tribunals operations during the year.

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 1999).

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 and timely service
• identifies and addresses health and safety issues
• 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 (not including remuneration) 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. Many have legal qualifications. The work is suited to working on a part-time basis and more than 59% of members are part-time.

The membership as at 30 June 2011 is set out in Table 4.1.

Table 4.1 – Membership as at 30 June 2011

	Women	Men	Total
Principal Member	0	1	1
Deputy Principal Member	1	0	1
Senior Members	3	4	7
Full-time members	11	16	27
Part-time members	39	14	53
Total	54	35	89*

* Includes 1 full-time Senior Member and 2 full-time members on leave of absence to the Independent Protection Assessment Office (IPAO), and 5 part-time members working on IPAO matters.

The selection processes for new members are undertaken in accordance with the Australian Public Service Commission’s ‘Merit and Transparency: merit-based selection of APS agency heads and statutory office holders’ guidelines. 17 new members (8 full-time and 9 part-time) were appointed from 1 July 2010. A further selection process commenced in November 2010 which resulted in 27 appointments on 1 July 2011 for a term of 5 years. The appointments consisted of 5 Senior Members including 4 existing members who were appointed as Senior Members, 10 full-time members and 12 part-time members.

The membership as at 1 July 2011 is set out in Table 4.2.

A list of members and their appointment periods as at 1 July 2011 is available in Appendix 1 of this Report. Member biographies are available on the tribunals’ website.

Table 4.2 – Membership as at 1 July 2011

	Women	Men	Total
Principal Member	0	1	1
Deputy Principal Member	1	0	1
Senior Members	3	6	9
Full-time members	15	21	36
Part-time members	48	17	65
Total	67	45	112*

* Includes 1 full-time Senior Member and 2 members on leave of absence to the Independent Protection Assessment Office (IPAO), and 5 part-time members working on IPAO matters.

 

Member professional development and performance

The tribunals’ membership is highly competent and professional and is supported by legal, research and administrative staff and a program of continuing professional development. All members sign a performance agreement and the Principal Member and Senior Members conduct annual performance reviews. The quality of decisions, the timeliness of reviews, productivity and participation in professional development and mentoring activities are all taken into account.

A new member performance review and assessment process was implemented in January 2011. The objectives of the process are to enhance the performance of the tribunals by assisting members and Senior Members to assess their performance against a framework of competencies; identify good practice and areas for further learning or development; create opportunities for members to raise issues relating to their experience in conducting reviews; maintain standards and consistency of practice; and provide direction for the member professional development program.

In May 2011 a preliminary review of the member performance review and assessment process was conducted. Members who undertook performance review under the new process commented on the advantages of the new performance review process in considering different aspects of members’ performance and in supporting members to maintain and improve performance.

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 tribunals engaged a Member Professional Development Director for a period of 6 months. The Member Professional Development Director worked with the tribunals’ Member Professional Development Committees to set the strategic direction for member professional development, to define priorities for investment in professional learning and to ensure the delivery of targeted quality professional development contextualised to member needs.

The tribunals’ National Member Professional Development Committee worked to ensure that members had access to relevant and high quality development activities which would enhance the quality of the tribunals’ decision making. The committee had 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 the Legal Services and Country Advice and Information sections, the committee brought together a wide range of experience and sought to formulate the most relevant, interesting and accessible program for members.

In Melbourne and Sydney, local professional development committees identified the individual and collective development needs of members and drafted an ongoing program taking into account these needs and key strategic issues, for approval by the national committee. Two sessions were usually held per month and members were expected to attend as many as possible. The programs included training in legal issues, country information and forums for discussing current issues. Many sessions involved the provision of information by national and international experts. Highlights in 2010–11 included a national workshop on Managing our Caseload into the Future where tribunal members developed ideas for effective case management, joint seminars in conjunction with the Australian Government Solicitor on Excellence in Decision Making and presentations by Dr Anthony Grant of the University of Sydney on Enhancing Professional Practice through mentoring and structured self-appraisal. Member-led discussions on issues such as applying the procedural code, assessing credibility and corroborative documents have provided members with focussed and targeted professional development.

A National Members’ Conference was held in March 2011. A number of academics and subject experts spoke at the conference. The keynote speaker was the Chief Justice of the High Court, Robert French, who spoke on ‘The Role of the Courts in Migration Law’. We were also fortunate to have the Secretary of the Department of Immigration and Citizenship, Mr Andrew Metcalfe, who addressed members on ‘DIAC’s current environment and pressures: Planning for 2011 and beyond‘.

The tribunals continued to hold a program of ‘background briefing’ sessions during 2010-2011 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. In January 2011 Mr Faraz Sanei of Human Rights Watch spoke to members on political and human rights developments in Iran and Paul White, UNHCR Senior Protection Officer in Myanmar, spoke to members on the current situation in Burma.

Staff

Professional staff support to members is vital to 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 communicate 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 professional reputation. Important values are understanding and responding to client needs and seeking to improve services for individuals, families, businesses and the community.

Legal Services 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 and Policy and Coordination 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 2011, the tribunals employed 284 APS employees, by headcount, comprising:

• 239 ongoing full-time employees;
• 31 ongoing part-time employees;
• 13 non-ongoing full-time employees; and
• 1 non-ongoing part time employee.

Table 4.3 sets out the number of staff employed as at 30 June 2011. Approximately 37% of employees are men and 63% are women.

Further staffing statistics are set out in Appendix 3.

Table 4.3 – Staff as at 30 June 2011

	NSW		Victoria		Total
APS Level	Women	Men	Women	Men
APS 1	1	0	0	0	1
APS 2	3	4	3	2	12
APS 3	22	8	13	4	47
APS 4	33	17	10	5	65
APS 5	21	13	10	6	50
APS 6	19	14	8	7	48
Legal Officer	5	4	3	4	16
Executive Level 1	10	5	3	4	22
Senior Legal Officer	4	1	1	3	9
Executive Level 2	6	2	3	0	11
Principal Legal Officer	1	0	0	0	1
SES B1	0	1	0	0	1
SES B2	0	1	0	0	1
Total	125	70	54	35	284

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 9 sections: Policy and Coordination, Caseload Strategy, Legal Services, Country Advice and Information Services, the NSW Registry, the Victorian Registry, Human Resources, Information Technology, and Finance and Business Services.

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 tribunals during the year was on training for all staff and members on fraud awareness, dealing with inappropriate behaviours in the workplace and upgrading to MS Office 2010. Consultative workshops were held to seek staff and member input into the tribunals’ strategic plan. Other more targeted training included: a mental health awareness program to help improve client service delivery for registry staff, project management seminars and team leadership training.

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 29 staff undertook approved courses of study, taking a total of 130.5 days study leave and being reimbursed $30,000 in course fees.

Executive remuneration

The tribunals have two Senior Executive Service (SES) officers. 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 officers. The section 24 (1) determinations made provision for performance pay at a level consistent with other similar officers in the APS. No performance linked bonuses were paid in 2010-11.

Certified Agreement

The current Certified Agreement covers all non-SES employees. 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 4.4 sets out the salary ranges as at 30 June 2011. This reflects the most recent salary increase in the Certified Agreement, which was 4.3% from 11 November 2010.

Table 4.4 – Salary range pay points as at 30 June 2011

Level	Lowest	Highest
APS 1	$24,163	$44,475
APS 2	$45,535	$50,461
APS 3	$51,821	$55,904
APS 4	$57,717	$62,641
APS 5	$64,342	$69,473
APS 6	$71,202	$79,806
Legal Officer	$57,717	$79,806
EL 1	$88,975	$98,361
Senior Legal Officer	$88,975	$110,830
EL 2	$102,589	$119,583
Principal Legal Officer	$120,217	$126,745

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 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
• balancing work and life
• one day’s paid leave per year for volunteer work or emergency services training
• access to unpaid career interval leave after 5 years’ service
• contributions towards promoting good health.

The Certified Agreement also includes a flexibility clause which provides for the supplementation of terms and conditions. As at 30 June 2011, supplementary agreements were in place with 14 non-SES employees in accordance with the flexibility clause with regards to salary supplementation, responsibility allowance, or part-time employment.

Seven Executive Level 2 officers received performance pay. An aggregate amount of $37,418 was paid in performance-linked bonuses during 2010–11 in respect of performance in calendar year 2010. The average bonus payment was $5,345 and payments ranged from $2,706 - $8,872.

Occupational health and safety (OH&S)

As a result of amendments to the Occupational Health and Safety Act 1991 (OH&S 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 were reviewed and updated in 2011.

The HSMAs commit the tribunals to ensuring the health and safety at work of members, staff, contractors and visitors through:

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

The tribunals’ Health and Safety Representatives (HSRs) are elected as required by the OH&S Act. All Health and Safety Representatives attend a five day training course that covers their responsibilities under the OH&S Act. OH&S Committees in Sydney and Melbourne meet quarterly. No investigations were conducted under the OH&S Act, nor were any directions or notices given.

A tribunals’ focus is on reducing the social and financial cost of occupational injury and illness through timely intervention, promoting prevention activities and improving OH&S capability. OH&S 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
• improving awareness of health and safety issues of members and staff through training.

The 2011–12 Workers’ Compensation premium for the tribunals, as advised by Comcare, has increased as a result of the overall premium rate for the Commonwealth sector increasing to 1.41% of payroll (from 1.20% for 2010–11) and the estimated lifetime cost of the tribunals’ outstanding claims from 2007 to 2009.

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 April 2011. 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
• providing a safe, secure and healthy working environment.

To heighten awareness of the benefits of diversity to the tribunals’ workforce, the tribunals celebrated 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 cadet, recruited via the APSC Indigenous Pathways to Employment program, commenced a structured program of rotations through various sections of the tribunals.

The tribunals’ Workplace Diversity Program through the Reconciliation Action Plan 2011 includes the celebration of the UN International Day of the World’s Indigenous People. The tribunals’ Reconciliation Action Plan 2011 was endorsed by Reconciliation Australia and published on their website. As part of the tribunals’ ongoing commitment and support to Aboriginal and Torres Strait Islander culture and heritage, a program of events in the tribunals’ Sydney and Melbourne offices included the celebration of NAIDOC Week, National Sorry Day and Reconciliation Week. The tribunals also supported Indigenous employees’ attendance at the IAPSEN NSW Regional Forum and the APSC Third National Indigenous Australian Public Service Employees’ Conference.

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 staff and members in regard to workplace harassment prevention. Consistent with the Workplace Harassment Prevention Guideline, four new Workplace Harassment Contact Officers were appointed and trained as required during 2010–11.

Disability strategy

The tribunals’ disability reporting was through the Australian Public Service Commission’s annual State of the Service Report.

Changes to disability reporting in annual reports

Since 1994, Commonwealth departments and agencies have reported on their performance as policy adviser, purchaser, employer, regulator and provider under the Commonwealth Disability Strategy. In 2007-08, reporting on the employer role was transferred to the Australian Public Service Commission’s State of the Service Report and the APS Statistical Bulletin. These reports are available at www.apsc.gov.au. From 2010–11, departments and agencies are no longer required to report on these functions.

The Commonwealth Disability Strategy has been overtaken by a new National Disability Strategy which sets out a ten year national policy framework for improving life for Australians with disability, their families and carers. A high level report to track progress for people with disability at a national level will be produced by the Standing Council on Community, Housing and Disability Services to the Council of Australian Governments and will be available at www.fahcsia.gov.au. The Social Inclusion Measurement and Reporting Strategy agreed by the Government in December 2009 will also include some reporting on disability matters in its regular How Australia is Faring report and, if appropriate, in strategic change indicators in agency Annual Reports. More detail on social inclusion matters can be found at www.socialinclusion.gov.au.

Ecologically sustainable development and environmental performance

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) sets out the principles of ecologically sustainable development.

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 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 supported by management.

Green Committee

The tribunals’ Green Committee identifies opportunities and develops proposals for more environmentally sustainable practices, processes, purchasing and disposals, and promotes an environmentally sustainable culture within the tribunals consistent with the tribunals’ environmental policy.

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
• 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 2010–11 for the provision of services previously performed in-house.

Asset 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.

Bi-annual stocktakes are performed to update and verify the accuracy of asset records.

During the year, the tribunals implemented new stocktake procedures.

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
• 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 2010–11, 7 new consultancy contracts were entered into involving total actual expenditure of $77,113. Three exceeded $10,000. No ongoing consultancy contracts were active during the 2010–11 year.

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

Table 4.5 –Annual expenditure on consultancy contracts

Consultant Name	Description	Contract Price	Selection Process	Justification
HBA Consultancy	Review of Members Remuneration arrangements	$28,084	Direct Quote	Need for independent research or assessment

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-RRT have a service delivery agreement (SDA) with the Administrative Appeals Tribunal (the AAT) for the AAT to provide accommodation, registry and support services in Adelaide and Perth and registry and support services in Brisbane. The tribunals have members based in each of those locations. The SDA was under review at the end of the reporting period.

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 2010–11.

Advertising and market research

All agencies are required to report on advertising and market research. During 2010–11, the tribunals spent $62,646 (inclusive of GST) on advertising services as set out in Table 4.6. The tribunals did not engage any market research services.

Table 4.6 – Advertising services

Vendor	Amount	Description
Adcorp Australia Ltd	$62,646	Employment advertising
Total	$62,646