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Legal and Constitutional Affairs Legislation Committee - 12/02/2013 - Estimates - ATTORNEY-GENERAL PORTFOLIO

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

1.1—Civil Justice and Legal Services

Access to Justice Division

Ms Louise Glanville, First Assistant Secretary

Ms Cathy Rainsford, Acting Assistant Secretary, Family Law Branch

Dr Albin Smrdel, Assistant Secretary, Federal Courts Branch

Dr Karl Alderson, Justice Policy and Administrative Law Branch

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

Civil Law Division

Mr Matt Minogue, First Assistant Secretary

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

Ms Jane Fitzgerald, Assistant Secretary, Classification Branch

International Law and Human Rights Division

Mr Greg Manning, First Assistant Secretary

Mr Bill Campbell QC, General Counsel, International Law

Ms Helen Daniels, Assistant Secretary, Human Rights Policy Branch

Ms Sarah McCosker, Acting Assistant Secretary, International Human Rights and Anti-Discrimination Branch

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

Social Inclusion Division

Mr Kym Duggan, First Assistant Secretary

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Ms Lavinia Gracik, Acting Assistant Secretary, Native Title Unit

Mr Andrew Walter, Assistant Secretary, Indigenous Justice and Community Safety Branch

1.2—National Security and Criminal Justice

Criminal Justice Division

Mr Iain Anderson, First Assistant Secretary

Ms Sarah Chidgey, Assistant Secretary, Criminal Law and Law Enforcement Branch

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

National Security Capability Development Division

Mr Warwick Finn, First Assistant Secretary

Mr Michael Pahlow, Assistant Secretary, Capability Development Branch

Ms Catherine Jones, Acting Assistant Secretary, Capability Governance and Assurance Branch

Ms Raelene Thompson, Assistant Secretary, Training, Education and Development Branch

Emergency Management Australia

Mr Mark Crosweller, Director General

Ms Kerryn Vine-Camp, Assistant Secretary Crisis Coordination Branch

Dr John Boersig, Assistant Secretary Security Coordination Branch

International Crime Cooperation Division

Ms Katherine Jones, First Assistant Secretary

Mr Cameron Gifford, Assistant Secretary, International Crime Cooperation Central Authority

Ms Alex Taylor, Assistant Secretary, Transnational Crime and Corruption Branch

Ms Catherine Hawkins, Assistant Secretary, International Legal Assistance Branch

Ms Kelly Williams, 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 Michael Jerks, Assistant Secretary, Critical Infrastructure and Protective Security Policy Branch

Mr Aaron Verlin, Acting Assistant Secretary, Emergency Management Policy Branch

Ms Carolyn Patteson, Assistant Secretary, CERT Australia

National Security Law and Policy Division

Mr Geoff McDonald PSM, First Assistant Secretary

Mrs Annette Willing, Assistant Secretary, Security Law Branch

Ms Jamie Lowe, Assistant Secretary, National Security Policy and Programs Branch

Dr Asha Rajah-Clarke, Acting Assistant Secretary, AusCheck 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 Cathy Rainsford, Acting Assistant Secretary, Family Law Branch

Dr Albin Smrdel, Assistant Secretary, Federal Courts Branch

Dr Karl Alderson, Justice Policy and Administrative Law Branch

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

Social Inclusion Division

Mr Kym Duggan, First Assistant Secretary

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Ms Lavinia Gracik, Acting Assistant Secretary, Native Title Unit

Mr Andrew Walter, Assistant Secretary, Indigenous Justice and Community Safety Branch

Civil Law Division

Mr Matt Minogue, First Assistant Secretary

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

Ms Jane Fitzgerald, Assistant Secretary, Classification Branch

International Law and Human Rights Division

Mr Greg Manning, First Assistant Secretary

Mr Bill Campbell QC, General Counsel, International Law

Ms Helen Daniels, Assistant Secretary, Human Rights Policy Branch

Ms Sarah McCosker, Acting Assistant Secretary, International Human Rights and Anti-Discrimination Branch

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

Mr Paul Pfitzner, Director, Human Rights Reform Section

1.4—Family Relationship Services

Access to Justice Division

Ms Louise Glanville, First Assistant Secretary

Ms Cathy Rainsford, Acting Assistant Secretary, Family Law Branch

Dr Albin Smrdel, Assistant Secretary, Federal Courts Branch

Dr Karl Alderson, Justice Policy and Administrative Law Branch

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

1.5—Indigenous Law and Justice

Social Inclusion Division

Mr Kym Duggan, First Assistant Secretary

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Ms Lavinia Gracik, Acting Assistant Secretary, Native Title Unit

Mr Andrew Walter, Assistant Secretary, Indigenous Justice and Community Safety Branch

1.6—National Security and Criminal Justice

Criminal Justice Division

Mr Iain Anderson, First Assistant Secretary

Ms Sarah Chidgey, Assistant Secretary, Criminal Law and Law Enforcement Branch

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

National Security Capability Development Division

Mr Warwick Finn, First Assistant Secretary

Mr Michael Pahlow, Assistant Secretary, Capability Development Branch

Ms Catherine Jones, Acting Assistant Secretary, Capability Governance and Assurance Branch

Ms Raelene Thompson, Assistant Secretary, Training, Education and Development Branch

Emergency Management Australia

Mr Mark Crosweller, Director General

Ms Kerryn Vine-Camp, Assistant Secretary Crisis Coordination Branch

Dr John Boersig, Assistant Secretary Security Coordination Branch

International Crime Cooperation Division

Ms Katherine Jones, First Assistant Secretary

Mr Cameron Gifford, Assistant Secretary, International Crime Cooperation Central Authority

Ms Alex Taylor, Assistant Secretary, Transnational Crime and Corruption Branch

Ms Catherine Hawkins, Assistant Secretary, International Legal Assistance Branch

Ms Kelly Williams, 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 Michael Jerks, Assistant Secretary, Critical Infrastructure and Protective Security Policy Branch

Mr Aaron Verlin, Acting Assistant Secretary, Emergency Management Policy Branch

Ms Carolyn Patteson, Assistant Secretary, CERT Australia

National Security Law and Policy Division

Mr Geoff McDonald PSM, First Assistant Secretary

Mrs Annette Willing, Assistant Secretary, Security Law Branch

Ms Jamie Lowe, Assistant Secretary, National Security Policy and Programs Branch

Dr Asha Rajah-Clarke, Acting Assistant Secretary, AusCheck Branch

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

Program 1.7—Australian Government Disaster Financial Support Payments

Emergency Management Australia

Mr Mark Crosweller, Director General

Ms Kerryn Vine-Camp, Assistant Secretary Crisis Coordination Branch

Dr John Boersig, Assistant Secretary Security Coordination Branch

Program 1.8—Royal Commission into Institutional Responses to Child Sexual Abuse

Ms Janette Dines, Acting Chief Executive Officer

Mr Richard Byron, Deputy Chief Executive Officer

Strategic Policy and Coordination Group

Corporate Division

Mr Stephen Lutze, General Manager

Mr Trevor Kennedy, Assistant Secretary, Financial Management and Property Branch

Ms Rachael Jackson, Assistant Secretary, People and Corporate Support Branch

Mr Lawrence Hosking, Assistant Secretary, Financial Framework and Systems Branch

Strategy and Delivery Division

Ms Louise Glanville, First Assistant Secretary

Ms Doris Gibb, Assistant Secretary, Cabinet and Ministerial Coordination Branch

Ms Ayesha Perry, Assistant Secretary, Strategy and Policy Advice Branch

Office of Corporate Counsel

Ms Maggie Jackson, First Assistant Secretary

Mr Steven Marshall, Special Adviser

Office of Constitutional Law

Mr James Faulkner PSM SC, General Counsel, Constitutional

Information Division

Ms Jane Bailey, Chief Information Officer

Ms Joann Corcoran, Assistant Secretary, Innovation Service and Delivery Branch

Administrative Appeals Tribunal

Mr Philip Kellow, Registrar and Chief Executive

Mr Chris Matthies, Executive Director Information and Development

Australian Crime Commission

Mr John Lawler, Chief Executive Officer

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

Mr Paul Jevtovic Executive Director Intervention and Prevention

Mrs Karen Harfield Executive Director, Fusion, Target and Development

Australian Customs and Border Protection Service

Mr Michael Pezzullo, Acting Chief Executive Officer

Ms Marion Grant, Deputy Chief Executive Officer, Border Management

Ms Jan Dorrington, Acting Chief Operating Officer/Deputy Chief Executive Officer Maritime, Corporate and Intelligence

Mr Steven Groves, Chief Financial Officer/National Director Strategy, Finance and Integrity

Rear Admiral David Johnston, Commander Border Protection Command

Mr Nigel Perry, National Director Marine Operations Support

Mr Terry Wall, Acting National Director Intelligence and Targeting

Mr Jeff Buckpitt, National Director Passengers

Ms Roxanne Kelley, National Director Compliance and Enforcement

Ms Raelene Vivian, National Director Cargo and Trade

Ms Megan Kelly, Acting Chief Information and Knowledge Officer

Ms Kim Farrant, National Manager International Trade Remedies

Mr James Watson, Acting National Director People and Corporate Services

Ms Maree Bridger, National Director Reform

Australian Federal Police

Mr Tony Negus, Commissioner

Mr Andrew Wood, Chief Operating Officer

Mr Peter Drennan, Deputy Commissioner, National Security

Mr Andrew Colvin, Deputy Commissioner, Crime Operations

Mr Michael Phelan, Deputy Commissioner, Close Operations Support

Mr Peter Gunning, Chief Financial Officer

Mr Ramzi Jabbour, National Manager Crime Operations

Australian Government Solicitor

Mr Ian Govey, Chief Executive Officer

Mr Norm Holcroft, Corporate Secretary

Australian Human Rights Commission

Professor Gillian Triggs, President

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

Hon. Susan Ryan AO, Age Discrimination Commissioner

Mr Graeme Innes AM, Disability Discrimination Commissioner

Ms Elizabeth Broderick, Sex Discrimination Commissioner

Ms Padma Raman, Executive Director

Mr David Richards, Chief Financial Officer

Australian Security Intelligence Organisation

Mr David Irvine, Director-General

Ms Kerri Hartland, Deputy Director-General

High Court of Australia

Mr Andrew Phelan, Chief Executive and Principal Registrar

Ms Carolyn Rogers, Senior Registrar

Mr Jeff Smart, Manager Corporate Services

Office of the Director of Public Prosecutions

Mr Robert Bromwich SC, Director

Mr Jim Jolliffe, Acting First Deputy Director

Ms Stela Walker, Deputy Director

CrimTrac

Mr Doug Smith, Chief Executive Officer

Mr Lee Walton, Chief Information Officer

Ms Nicole Mayo, Acting Chief Operating Officer

Family Court of Australia

Mr Richard Foster PSM, Chief Executive Officer

Mr Grahame Harriott, Executive Director Corporate

Mr Steve Agnew, Executive Director Client Services

Federal Magistrates Court of Australia

Mr Richard Foster PSM, Chief Executive Officer

Mr Grahame Harriott, Executive Director Corporate

Mr Steve Agnew, Executive Director Client Services

Office of the Australian Information Commissioner

Prof. John McMillan, Australian Information Commissioner

Mr Timothy Pilgrim, Privacy Commissioner

Dr James Popple, Freedom of Information Commissioner

Ms Alison Leonard, Assistant Commissioner Operations

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 2013 and the particulars of certain proposed additional expenditure in respect of the year ending 30 June 2013. That is for the Attorney-General's and the Immigration and Citizenship portfolios and related budget outcomes. The committee must report to the Senate on 19 March 2013 and we have set Tuesday 2 April as the date by which answers to questions on notice are to 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 and the Secretariat has a copy if you need those. 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, and that will be incorporated into 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 (1), 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 (1) 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)

We are going to deal today with the Attorney-General's portfolio, beginning with the Customs and Border Protection Service and then flowing through the program as outlined.

Welcome, Senator Ludwig, Minister for Agriculture, Fisheries and Forestry and Minister Assisting on Queensland Floods Recovery, but of course you are here in your capacity as representing the Attorney-General and the Minister for Justice and Minister for Home Affairs.

Senator Ludwig: Thank you, Chair.

CHAIR: Officers of the Attorney-General's Department and the Australian Customs and Border Protection Service, good morning as well.

Mr Wilkins : Good morning.

CHAIR: Minister Ludwig, do you have an opening statement?

Senator Ludwig: No, thank you, Chair.

CHAIR: And Mr Wilkins, shall we go to your opening statement when we get to AG's or now?

Mr Wilkins : Leave it, Madam Chair, until later, I think, if that is all right.

CHAIR: All right; we will wait. We will have the exciting bits later on in the day—maybe!

Mr Wilkins : Maybe!

CHAIR: So let us go to the Customs and Border Protection Service.