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Wednesday, 1 November 2000
Page: 18884


Senator O'Brien asked the Minister representing the Minister for Transport and Regional Services, upon notice, on 30 May 2000:

(1) What resources have been transferred from both the department and its agencies to the Attorney-General's Department following the Government's decision to transfer the legislative drafting function to that department.

(2) (a) What legislative drafting resources remain with the department and its agencies following that transfer; and (b) what is the nature of the legislative drafting work that continues to be done within the department and its agencies.

(3) What was the value of the financial transfer to the Attorney-General's Department as part of the implementation of the Government's decision to consolidate the legislative drafting function.

(4) Has the Government's decision to transfer the legislative drafting function to the Attorney-General's been fully implemented; if not: (a) what resources and functions remain to be transferred; and (b) when are these transfers scheduled to take place.


Senator Ian Macdonald (Minister for Regional Services, Territories and Local Government) —The Minister for Transport and Regional Services has provided the following answer to the honourable senator's question:

(1) The only resources to be transferred from the Transport and Regional Services portfolio have been from the Civil Aviation Safety Authority (CASA).

In April 1999, CASA was directed to bring its drafting arrangements into line with arrangements for all Commonwealth agencies.

In accordance with this directive, CASA's legislative drafting function was transferred to the Attorney-General's Department in July 1999, and 4 legislative drafting positions from CASA's drafting staff were transferred to the Attorney-General's Department. In August 1999, CASA and the Attorney-General's Department signed a service agreement to formally record the transfer. In accordance with the agreement, CASA no longer drafts regulations and operates under the same arrangements as all other Commonwealth agencies.

(2) (a) CASA retained three legislative drafting positions within the Office of Legal Counsel.

(b) The work involved relates to the preparation of legislative instruments such as Civil Aviation Orders, directions, instructions, delegations and exemptions. This is consistent with arrangements for other Commonwealth agencies. The majority of Commonwealth agencies keep in-house legal staff to draft administrative instruments such as delegations and direction, and in some agencies to draft Orders, for example, the Australian Maritime Safety Authority drafts its own Marine Orders.

(3) The agreed value of the transfer was $300,166.

(4) The transfer of the legislative drafting function to the Attorney General's Department has now been fully implemented.