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Legal and Constitutional Affairs Legislation Committee
24/05/2012
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

Senator Jacinta Collins, Parliamentary Secretary for School Education and Workplace Relations and Manager of Government Business in the Senate

Attorney-General’s Department

Mr Roger Wilkins AO, S ecretary

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—Civil Justice and Legal Services

Access to Justice Division

Ms Louise Glanville, First Assistant Secretary

Mr Karl Alderson, Assistant Secretary, Justice Policy and Administrative Law Branch

Ms Janet Power, Assistant Secretary, Family Law Branch

Ms Cathy Rainsford, Principal Legal Officer, Family Law Branch

Mr Peter Arnaudo, 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 Janean Richards, Assistant Secretary, Office of Legal Services Coordination

Ms Quentin O’Keefe, Acting Assistant Secretary, Bankruptcy Policy

Ms Jane Fitzgerald, Assistant Secretary, Classification Branch

Ms Isabella Cosenza, Policy Manager, Classification Branch

Constitutional Policy and Law Reform

Mr Andrew Walter, Assistant Secretary, Strategy and Policy Advice Unit

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

International Law and Human Rights Division

Mr Greg Manning, First Assistant Secretary

Mr Bill Campbell QC, General Counsel (International Law)

Mr Matt Hall, Assistant Secretary, Human Rights Policy Branch

Ms Helen Daniels, 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 Joan Jardine, Acting Assistant Secretary, Indigenous and Community Legal Services Branch

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Mr Ryan Perry, Acting Assistant Secretary, Native Title Unit

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

Ms Tiffany Karlsson, Acting Assistant Secretary, Special Projects, Native Title Unit

Office of Legislative Drafting and Publishing

Mr John Leahy PSM, SC, First Assistant Secretary

1.2—Attorney-General’s Department Operating Expenses—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 Peter Channells, Assistant Secretary, Emergency Management Capability Development Branch

Mr Michael Pahlow, Assistant Secretary, Counter-Terrorism Capability Development Branch

Ms Raelene Thompson, Executive Director, National Security Training, Education and Development Branch

Mr Paul Trushell, Acting Assistant Secretary, National Critical Infrastructure Capability Branch

Emergency Management Australia

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

Dr John Boersig PSM, Assistant Secretary, Security Coordination Branch

Ms Rheannon Nicholson, Acting 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 Alex Taylor, Assistant Secretary, International Crime- Policy and Engagement Branch

Ms Catherine Hawkins, Assistant Secretary, International Legal Assistance Branch

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

National Security Resilience Policy Division

Mr Michael 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

Mr Duncan Anderson, Acting Assistant Secretary, Disaster Recovery Review Taskforce

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, National Security Policy and Programs 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

Mr Karl Alderson, Assistant Secretary, Justice Policy and Administrative Law Branch

Ms Janet Power, Assistant Secretary, Family Law Branch

Ms Cathy Rainsford, Principal Legal Officer, Family Law Branch

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

Mr Albin Smrdel, Assistant Secretary, Federal Courts Branch

Social Inclusion Division

Mr Kym Duggan, First Assistant Secretary

Ms Joan Jardine, Acting Assistant Secretary, Indigenous and Community Legal Services Branch

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Mr Ryan Perry, Acting Assistant Secretary, Native Title Unit

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

Ms Tiffany Karlsson, Acting Assistant Secretary, Special Projects, Native Title Unit

Civil Law Division

Mr Matt Minogue, First Assistant Secretary, Civil Law Division

Ms Janean Richards, Assistant Secretary, Office of Legal Services Coordination

Ms Quentin O’Keefe, Acting Assistant Secretary, Bankruptcy Policy

Ms Jane Fitzgerald, Assistant Secretary, Classification Branch

Ms Isabella Cosenza, Policy Manager, Classification Branch

International Law and Human Rights Division

Mr Greg Manning, First Assistant Secretary

Mr Bill Campbell QC, General Counsel (International Law)

Mr Matt Hall, Assistant Secretary, Human Rights Policy Branch

Ms Helen Daniels, 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

1.4—Family Relationship Services

Access to Justice Division

Ms Louise Glanville, First Assistant Secretary

Mr Karl Alderson, Assistant Secretary, Justice Policy and Administrative Law Branch

Ms Janet Power, Assistant Secretary, Family Law Branch

Ms Cathy Rainsford, Principal Legal Officer, Family Law Branch

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

Mr Kym Duggan, First Assistant Secretary, Social Inclusion Division

Ms Joan Jardine, Acting Assistant Secretary, Indigenous and Community Legal Services Branch

Ms Marjorie Todd, Assistant Secretary, Legal Assistance Branch

Mr Ryan Perry, Acting Assistant Secretary, Native Title Unit

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

Ms Tiffany Karlsson, Acting Assistant Secretary, Special Projects, Native Title Unit

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 Peter Channells, Assistant Secretary, Emergency Management Capability Development Branch

Mr Michael Pahlow, Assistant Secretary, Counter-Terrorism Capability Development Branch

Ms Raelene Thompson, Executive Director, National Security Training, Education and Development Branch

Mr Paul Trushell, Acting Assistant Secretary, National Critical Infrastructure Capability Branch

Emergency Management Australia

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

Dr John Boersig PSM, Assistant Secretary, Security Coordination Branch

Ms Rheannon Nicholson, Acting 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 Alex Taylor, Assistant Secretary, International Crime- Policy and Engagement Branch

Ms Catherine Hawkins, Assistant Secretary, International Legal Assistance Branch

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

National Security Resilience Policy Division

Mr Michael 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

Mr Duncan Anderson, Acting Assistant Secretary, Disaster Recovery Review Taskforce

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, National Security Policy and Programs Branch

Ms Annette Willing, Assistant Secretary, Security Law Branch

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

Information Division

Ms Jane Bailey, Chief Information Officer

Strategic Policy and Coordination Group

Corporate Division

Mr Stephen Lutze, General Manager

Mr Trevor Kennedy, Assistant Secretary, Financial Management Branch

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

Strategy and Delivery Division

Ms Louise Glanville, First Assistant Secretary

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

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

Mr Andrew Walter, Assistant Secretary, Strategy and Policy Advice Unit

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

Mr Steven Marshall, Special Advisor

Information Division

Ms Jane Bailey, Chief Information Officer

Australian Crime Commission

Mr John Lawler APM, Chief Executive Officer

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

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

Mr Paul Jevtovic APM , Executive Director—Intervention & Prevention Directorate

Mr Hamish Hansford , Chief of Staff

Mrs Alice Thompson , Manager Engagement, Communication & Government Relations

Australian Customs and Border Protection Service

Mr Michael Carmody, Chief Executive Officer

Mr Michael Pezzullo, Chief Operating Officer—Deputy Chief Executive Officer Maritime, Corporate & Intelligence

Ms Marion Grant, Deputy Chief Executive Officer, Border Management

Mr Steven Groves, Chief Finance Officer, National Director Strategy, Finance & Integrity

Ms Raelene Vivian, National Director, Cargo and Trade

Ms Sharon Nyakuengama, Senior Trade Advisor

Mr Jeff Buckpitt, National Director, Passengers

Ms Kim Farrant, National Manager, International Trade Remedies

Rear Admiral David Johnston, Commander, Border Protection Command

Ms Roxanne Kelley , National Director, Compliance and Enforcement

Mr Nigel Perry, National Director Maritime Operations Support Division

Ms Jan Dorrington, National Director, Intelligence and Targeting

Ms Maree Bridger, National Director People and Corporate Services

Ms Megan Kelly, Acting Chief Information and Knowledge Officer, IT Division

Mr John Bracic, Director, International Trade Remedies

Australian Federal Police

Mr Tony Negus, Commissioner

Mr Andrew Colvin, Deputy Commissioner, Operations

Mr Peter Drennan, Deputy Commissioner, National Security

Mr Andrew Wood, Chief Operating Officer

Mr Frank Prendergast, Acting Deputy Commissioner, Close Operations Support

Mr Neil Gaughan APM, Assistant Commissioner, High Tech Crime Operations

Ms Mandy Newton, Assistant Commissioner, International Deployment Group

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 Innes AM, Disability Discrimination Commissioner

The Hon Susan Ryan AO, Age Discrimination Commissioner

Dr Helen Szoke, Race Discrimination Commissioner

Ms Padma Raman, Executive Director

Mr David Richards, Chief Financial Officer

Australian Law Reform Commission

Ms Rosalind Croucher, President

Ms Sabina Wynn, Executive Director

Australian Security Intelligence Organisation

Mr David Irvine AO, Director General of Intelligence Security

Ms Kerri Hartland, Deputy Director General, Capability and Assessments Coordination

AUSTRAC

Mr John Schmidt, Chief Executive Officer

Mr Alf Mazzitelli, Chief Finance Officer

Ms Liz Atkins, Executive General Manager, Intelligence

Mr Peter Clark, Executive General Manager, Supervision

Office of the Director of Public Prosecutions

Mr Chris Craigie SC, Director

Mr John Thornton, First Deputy Director

Ms Stela Walker, Deputy Director

CrimTrac

Mr Doug Smith, Chief Executive Officer

Mr Jeff Storer, Deputy Chief Executive Officer

Ms Theresa van Gessel, Chief of Staff

Ms Yvette Whitaker, Chief Financial Officer/Director Finance

Ms Nicole Mayo, Director, Legal & Policy

Mr Matt Jones, Acting Chief Information Officer

Family Court of Australia

Mr Richard Foster PSM, Chief Executive Officer

Mr Grahame Harriott, Executive Director Corporate

Federal Court of Australia

Mr Warwick Soden, Registrar/CEO

Mr Gordon Foster, Executive Director

Mr Peter Bowen, Chief Financial Officer

Federal Magistrates Court of Australia

Mr Richard Foster PSM, Acting Chief Executive Officer

Mr Steve Agnew, Acting Deputy Chief Executive Officer

Mr Grahame Harriott, Acting Chief Financial Officer

Insolvency and Trustee Service Australia

Ms Veronique Ingram, Chief Executive and Inspector General in Bankruptcy

Mr David Bergman, General Counsel

Mr Gavin McCosker, National Manager, Corporate Strategy and Support

National Native Title Tribunal

Ms Stephanie Fryer-Smith, Registrar

Mr Frank Russo, Director Operations East

Ms June Eaton, Director Operations West

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 9:02

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 and certain proposed expenditure in respect of the year ending on 30 June 2013 and the particulars of proposed and certain proposed supplementary expenditure in respect of the year ending on 30 June 2012. The committee must report to the Senate on 26 June 2012 and it has set Friday, 6 July, 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 question on notice. Officers and senators are familiar with the rules of the Senate governing estimates hearings; the secretariat has a copy if you need assistance. 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 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 (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 (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: Today is the second day we are dealing with the Attorney-General's Portfolio and we will start with the Customs and Border Protection Service. We will go through the agencies as outlined on the program; we do have times beside these but they are indicative times only, as I am sure many of you would be aware over the years of estimates. Minister, good morning.

Senator Ludwig: Good morning, Chair.