ATTORNEY-GENERAL PORTFOLIO

In Attendance

Senator Ludwig, Minister for Agriculture, Fisheries and Forestry and Minister assisting the Attorney-General on Queensland Floods Recovery

Attorney-General's Department

Mr Roger Wilkins AO, Secretary

Ms Elizabeth Kelly, Deputy Secretary, Strategic Policy and Coordination Group

Mr Tony Sheehan, Deputy Secretary, National Security and Criminal Justice Group

Mr David Fredericks, Deputy Secretary, Civil Justice and Legal Services Group

Outcome 1—A just and secure society through the maintenance and improvement of Australia's law and

justice framework and its national security and emergency management system

1.1—Attorney-General's Department Operating Expenses— C ivil Justice and Legal Services

Access to Justice Division

Ms Louise Glanville, First Assistant Secretary

Ms Margaret Meibusch, Acting Assistant Secretary, Justice Policy and Administrative Law Branch Ms Janet Power, Assistant Secretary, Family Law Branch

Ms Cathy Rainsford, Director, Family Law Coordination Unit

Mr Peter Amaudo, Assistant Secretary, Marriage and Intercountry Adoption Branch Mr Albin Smrdel, Assistant Secretary, Federal Courts Branch

Civil Law Division

Mr Matt Minogue, First Assistant Secretary, Civil Law Division

Ms Jane Fitzgerald, Assistant Secretary, Classification Branch

Constitutional Policy and Law Reform

Mr Andrew Walter, Acting First Assistant Secretary

Mr James Faulkner PSM SC, Assistant Secretary, Constitutional Policy Unit

International Law and Human Rights Division

Mr Bill Campbell QC, General Counsel (International Law)

Mr Greg Manning, First Assistant Secretary

Mr Matt Hall, Assistant Secretary, Human Rights Policy Branch

Ms Anne Sheehan, Acting Assistant Secretary, International Human Rights and Anti-Discrimination Branch Mr John Reid, Assistant Secretary, International Law, Trade and Security Branch

Social Inclusion Division

Ms Catherine Fitch, Acting First Assistant Secretary

Mr Peter Arnaudo, Assistant Secretary, Indigenous and Community Legal Services Branch Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Ms Kathleen Denley, Assistant Secretary, Native Title Unit

Ms Christine Freudenstein, Acting Assistant Secretary, Indigenous Policy and Service Delivery Branch Office of Legislative Drafting and Publishing

Mr John Leahy PSM SC, First Assistant Secretary

Mr Noel Bugeia, Assistant Secretary, Legislative Services and Publications

Branch 1.2—Attorney-General's Department Operating Expenses—Nationa l Security and Criminal Justice

Criminal Justice Division

Ms Sarah Chidgey, Acting First Assistant Secretary

Mr Anthony Coles, Assistant Secretary, Border Management and Crime Prevention Branch National Security Capability Development Division

Mr Kym Duggan, First Assistant Secretary

Emergency Management Australia

Mr Campbell Darby DCS AM, Director General, Emergency Management Australia

Dr John Boersig PSM, Assistant Secretary, Security Coordination Branch

Mr Mark Carpenter, Assistant Secretary, Crisis Support Branch

Ms Kerryn Vine-Camp, Assistant Secretary, Crisis Coordination Branch

Ms Janette Dines, Assistant Secretary, National Disaster Recovery Programs Branch

International Crime Cooperation Division

Ms Katherine Jones, First Assistant Secretary

Ms Anna Harmer, Assistant Secretary, International Crime Cooperation Central Authority

Ms Kelly Williams, Acting Assistant Secretary, International Legal Assistance Branch

National Security Resilience Policy Division Mr Mike Rothery, First Assistant Secretary

Mr Andrew Rice, Assistant Secretary, Cyber and Identity Security Policy Branch

Mr Chris Collett, Assistant Secretary, Emergency Management Policy Branch

Dr Carolyn Patteson, Assistant Secretary, CERT Australia

Mr Michael Jerks, Assistant Secretary, Critical Infrastructure and Protective Security Policy Branch

National Security Law and Policy Division

Mr Geoff McDonald PSM, First Assistant Secretary

Ms Tamsyn Harvey, Assistant Secretary, AusCheck Branch

Ms Jamie Lowe, Assistant Secretary, Countering Violent Extremism Branch

Ms Annette Willing, Assistant Secretary, Security Law Branch

Mrs Catherine Smith, Assistant Secretary, Telecommunications and Surveillance Law Branch

1.3—Justice Services

Access to Justice Division

Ms Louise Glanville, First Assistant Secretary

Ms Margaret Meibusch, Acting Assistant Secretary, Justice Policy and Administrative Law Branch

Ms Janet Power, Assistant Secretary, Family Law Branch

Ms Cathy Rainsford, Director, Family Law Coordination Unit

Mr Peter Amaudo, Assistant Secretary, Marriage and Intercountry Adoption Branch

Mr Albin Smrdel, Assistant Secretary, Federal Courts Branch

Social Inclusion Division

Ms Catherine Fitch, Acting First Assistant Secretary, Social Inclusion Division

Mr Peter Arnaud°, Assistant Secretary, Indigenous and Community Legal Services Branch

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Ms Kathleen Denley, Assistant Secretary, Native Title Unit

Ms Christine Freudenstein, Acting Assistant Secretary, Indigenous Policy and Service Delivery Branch

Civil Law Division

Mr Matt Minogue, First Assistant Secretary, Civil Law Division

Ms Jane Fitzgerald, Assistant Secretary, Classification Branch

International Law and Human Rights Division

Mr Bill Campbell QC, General Counsel (International Law)

Mr Greg Manning, First Assistant Secretary

Mr Matt Hall, Assistant Secretary, Human Rights Policy Branch

Ms Anne Sheehan, Acting Assistant Secretary, International Human Rights and Anti-Discrimination Branch

Mr John Reid, Assistant Secretary, International Law, Trade and Security Branch

Office of Legislative Drafting and Publishing

Mr John Leahy PSM SC, First Assistant Secretary

Mr Noel Bugeia, Assistant Secretary, Legislative Services and Publications Branch

1.4—Family Relationship Services

Access to Justice Division

Ms Louise Glanville, First Assistant Secretary

Ms Margaret Meibusch, Acting Assistant Secretary, Justice Policy and Administrative Law Branch

Ms Janet Power, Assistant Secretary, Family Law Branch

Ms Cathy Rainsford, Director, Family Law Coordination Unit

Mr Peter Arnaudo, Assistant Secretary, Marriage and Intercountry Adoption Branch

Mr Albin Smrdel, Assistant Secretary, Federal Courts Branch

1.5—Indigenous Law and Justice

Social Inclusion Division

Ms Catherine Fitch, Acting First Assistant Secretary, Social Inclusion Division

Mr Peter Amaudo, Assistant Secretary, Indigenous and Community Legal Services Branch

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Ms Kathleen Denley, Assistant Secretary, Native Title Unit

Ms Christine Freudenstein, Acting Assistant Secretary, Indigenous Policy and Service Delivery Branch

1.6—National Security and Criminal Justice

Criminal Justice Division

Ms Sarah Chidgey, Acting First Assistant Secretary

Mr Anthony Coles, Assistant Secretary, Border Management and Crime Prevention Branch

National Security Capability Development Division

Mr Kym Duggan, First Assistant Secretary

Emergency Management Australia

Mr Campbell Darby DCS AM, Director General, Emergency Management Australia

Dr John Boersig PSM, Assistant Secretary, Security Coordination Branch

Mr Mark Carpenter, Assistant Secretary, Crisis Support Branch

Ms Kerryn Vine-Camp, Assistant Secretary, Crisis Coordination Branch

Ms Janette Dines, Assistant Secretary, National Disaster Recovery Programs Branch

International Crime Cooperation Division

Ms Katherine Jones, First Assistant Secretary

Ms Anna Harmer, Assistant Secretary, International Crime Cooperation Central Authority

Ms Kelly Williams, Acting Assistant Secretary, International Legal Assistance Branch

National Security Resilience Policy Division

Mr Mike Rothery, First Assistant Secretary

Mr Andrew Rice, Assistant Secretary, Cyber and Identity Security Policy Branch

Mr Chris Collett, Assistant Secretary, Emergency Management Policy Branch

Dr Carolyn Patteson, Assistant Secretary, CERT Australia

Mr Michael Jerks, Assistant Secretary, Critical Infrastructure and Protective Security Policy Branch

National Security Law and Policy Division

Mr Geoff McDonald PSM, First Assistant Secretary

Ms Tamsyn Harvey, Assistant Secretary, AusCheck Branch

Ms Jamie Lowe, Assistant Secretary, Countering Violent Extremism Branch

Ms Annette Willing, Assistant Secretary, Security Law Branch

Mrs Catherine Smith, Assistant Secretary, Telecommunications and Surveillance Law Branch

Information Division

Ms Joann Corcoran, Acting First Assistant Secretary

Ms Jane Bailey, Chief Information Officer

Mr Glenn Ashe, Assistant Secretary, Information and Communications Technology Operations

Strategic Policy and Coordination Group

Corporate Division

Mr Stephen Lutze, General Manager

Mr Trevor Kennedy, Assistant Secretary, Financial Management Branch

Strategy and Delivery Division

Ms Louise Glanville, First Assistant Secretary

Mr Simon Kelly, Acting Assistant Secretary, Cabinet & Ministerial Coordination Branch

Mr Richard Glenn, Assistant Secretary, Information Law and Policy Branch

Mr Andrew Walter, Assistant Secretary, Strategy and Portfolio Branch

Mr James Faulkner PSM SC, Assistant Secretary, Constitutional Policy Unit

Mr Craig Harris, Assistant Secretary, Strategic Communication Branch

Office of Corporate Counsel

Ms Maggie Jackson, Corporate Counsel

Information Division

Ms Joann Corcoran, Acting First Assistant Secretary

Ms Jane Bailey, Chief Information Officer

Mr Glenn Ashe, Assistant Secretary, Information and Communications Technology Operations

Australian Crime Commission

Mr John Lawler APM, Chief Executive Officer

Mr David Lacey, Executive Director, People, Business Support and Stakeholder Relations

Ms Karen Barfield, Executive Director, Fusion, Target Development and Performance

Australian Customs and Border Protection Service

Mr Michael Carmody, Chief Executive Officer

Mr Michael Pezzullo, Chief Operating Officer

Ms Marion Grant, Deputy Chief Executive Officer, Border Enforcement

Ms Raelene Vivian, Acting Deputy Chief Executive Officer, Passenger and Trade Facilitation

Mr Steven Groves, Chief Finance Officer

Mr David Leonard, Acting National Director, Cargo

Mr Jeff Buckpitt, National Director, Passengers

Ms Sharon Nyakuengama, Acting National Director, Trade and Compliance

Ms Sue Pitman, Senior Trade Policy Adviser

Ms Kim Farrant, National Manager, International Trade Remedies

Mr John Bracic, Director International Trade Remedies

Rear Admiral David Johnston, Commander, Border Protection Command

Mr Demetrio Veteri, Deputy Commander, Border Protection Command

Ms Roxanne Kelley, National Director, Enforcement and Investigations

Mr Kingsley Woodford-Smith, National Manager, SIEV 221 Taskforce

Mr Nigel Perry, National Director Maritime Operations Support Division

Ms Jan Dorrington, National Director, Intelligence and Targeting

Ms Maree Bridger, National Director People and Place

Mr Joe Attanasio, Chief Information and Knowledge Officer, IT Division

Mr Richard Willcock, National Director, Strategy, Risk and Coordination

Ms Sarah Major, National Manager, Trade Policy and Regulations

Australian Federal Police

Mr Tony Negus, Commissioner

Mr Andrew Wood, Chief Operating Officer

Mr Michael Phelan, Deputy Commissioner, Close Operations Support

Mr Andrew Colvin, Deputy Commissioner, Operations

Mr Steve Lancaster, Acting Deputy Commissioner, National Security

Mr Neil Gaughan, National Manager, High Tech Crime Operations

Mr Michael Outram, National Manager, Protection

Australian Government Solicitor

Mr Ian Govey, Chief Executive Officer

Mr David Riggs, Chief Financial Officer

Australian Human Rights Commission

The Hon. Catherine Branson QC, President and Human Rights Commissioner

Ms Elizabeth Broderick, Sex Discrimination Commissioner

Mr Mick Gooda, Aboriginal and Torres Strait Islander Social Justice Commissioner

Mr Graeme Ines AM, Disability Discrimination Commissioner

The Hon Susan Ryan AO, Age Discrimination Commissioner

Dr Helen Szoke, Race Discrimination Commissioner

Ms Padma Rama, Executive Director

Mr David Richards, Chief Financial Officer

Australian Security Intelligence Organisation

Mr David Irvine AO, Director General of Security

Ms Kerri Hartland, Deputy Director General

Family Court of Australia

Mr Richard Foster PSM, Chief Executive Officer

Mr Grahame Harriott, Executive Director Corporate

Federal Magistrates Court of Australia

Mr Richard Foster PSM, Acting Chief Executive Officer

Mr Steve Agnew, Acting Deputy Chief Executive Officer

Mr Nathan Lozberis CPA, Management Accountant

Office of the Australian Information Commissioner

Mr Timothy Pilgrim, Privacy Commissioner

Dr James Popple, Freedom of Information Commissioner

Ms Alison Leonard, Assistant Commissioner, Operations

Office of the Director of Public Prosecutions

Mr Chris Craigie SC, Director

Mr John Thornton, First Deputy Director

Mr James Carter, Deputy Director, Legal, Practice Management and Policy Branch

Committee met at 09:00

CHAIR ( Senator Crossin ): I declare open this public hearing of the Legal and Constitutional Affairs Legislation Committee. The Senate has referred to the committee the particulars of proposed additional expenditure in respect of the year ending 30 June 2012 and the particulars of certain proposed additional expenditure in respect of the year ending 30 June 2012 for the Attorney-General's and the Immigration and Citizenship portfolios and other related budget documents.

The committee must report to the Senate on 20 March 2012. We have set 30 March 2012 as the date by which answers to questions on notice must be returned. Under standing order 26, the committee must take all evidence in public session. This includes answers to questions on notice. Officers and senators are familiar with the rules of the Senate governing estimates hearings. I particularly draw the attention of witnesses to an order of the Senate of 13 May 2009 specifying the process by which a claim of public interest immunity should be raised, which will be incorporated in Hansard.

The extract read as follows—

Public interest immunity claims That the Senate—

(a)   notes that ministers and officers have continued to refuse to provide information to Senate committees without properly raising claims of public interest immunity as required by past resolutions of the Senate;

(b)   reaffirms the principles of past resolutions of the Senate by this order, to provide ministers and officers with guidance as to the proper process for raising public interest immunity claims and to consolidate those past resolutions of the Senate;

(c)   orders that the following operate as an order of continuing effect:

(1) If:

(a)   a Senate committee, or a senator in the course of proceedings of a committee, requests information or a document from a Commonwealth department or agency; and

(b)   an officer of the department or agency to whom the request is directed believes that it may not be in the public interest to disclose the information or document to the committee, the officer shall state to the committee the ground on which the officer believes that it may not be in the public interest to disclose the information or document to the committee, and specify the harm to the public interest that could result from the disclosure of the information or document.

(2) If, after receiving the officer's statement under paragraph (I), the committee or the senator requests the officer to refer the question of the disclosure of the information or document to a responsible minister, the officer shall refer that question to the minister.

(3) If a minister, on a reference by an officer under paragraph (2), concludes that it would not be in the public interest to disclose the information or document to the committee, the minister shall provide to the committee a statement of the ground for that conclusion, specifying the harm to the public interest that could result from the disclosure of the information or document.

(4) A minister, in a statement under paragraph (3), shall indicate whether the harm to the public interest that could result from the disclosure of the information or document to the committee could result only from the publication of the information or document by the committee, or could result, equally or in part, from the disclosure of the information or document to the committee as in camera evidence.

(5) If, after considering a statement by a minister provided under paragraph (3), the committee concludes that the statement does not sufficiently justify the withholding of the information or document from the committee, the committee shall report the matter to the Senate.

(6) A decision by a committee not to report a matter to the Senate under paragraph (5) does not prevent a senator from raising the matter in the Senate in accordance with other procedures of the Senate.

(7) A statement that information or a document is not published, or is confidential, or consists of advice to, or internal deliberations of government, in the absence of specification of the harm to the public interest that could result from the disclosure of the information or document, is not a statement that meets the requirements of paragraph (I) or (4).

(8) If a minister concludes that a statement under paragraph (3) should more appropriately be made by the head of an agency, by reason of the independence of that agency from ministerial direction or control, the minister shall inform the committee of that conclusion and the reason for that conclusion, and shall refer the matter to the head of the agency, who shall then be required to provide a statement in accordance with paragraph (3).

(Extract, Senate Standing Orders, pp 124-125)

CHAIR: We are going to commence with the examination of the Attorney-General's portfolio dealing with the agencies that are listed first, starting with the Australian Human Rights Commission and then proceeding through the program until we get to the department. I start by welcoming Minister Joe Ludwig, Minister for Agriculture, Fisheries and Forestry but representing the Attorney-General and the Minister for Home Affairs in our estimates hearing this morning. Minister, do you have an opening statement?

Senator Ludwig: No, thank you.

CHAIR: Mr Wilkins, do you have an opening statement?

Mr Wilkins : No.