Appendix A: Summary Resources
Resource statement
The Court’s Agency resourcing statement is shown below.
Table A.1 Agency Resource Statement, 2011-12
Actual available appropriation |
Payments made |
Balance remaining |
|
---|---|---|---|
2011-12 |
2011-12 |
2011-12 |
|
$’000 |
$’000 |
$’000 |
|
Ordinary annual servicesa | |||
Departmental appropriation | |||
Prior Year Departmental Appropriation |
10,598c |
10,598 |
- |
Departmental appropriation |
53,538d |
44,887 |
8651e |
s31 relevant agency receiptsf |
714 |
714 |
- |
Total |
64,850 |
56,199 |
8651 |
Administered expenses | |||
Outcome 1 |
878 |
57 |
- |
Total |
878 |
57 |
- |
Total ordinary annual services |
65,728 |
56,256 |
8651 |
SPECIAL ACCOUNTSb |
|
|
|
Opening balance |
- |
- |
- |
Appropriation receipts |
- |
- |
- |
Total special accounts |
- |
- |
- |
Total net resourcing for agency |
65,728 |
56,256 |
8651 |
a Appropriation Bill (No.1) 2011-12 and Appropriation Bill (No.3) 2011-12. This may also include prior year departmental appropriation and s31 relevant agency receipts.
b Special Public Money special accounts, Litigants Fund Special Account, Other Trust Moneys, and Services for Other Government and Non-Agency Bodies have been excluded from the above table, consistent with the Resource Statement for the 2011-12 Budget.
c Unspent Departmental Annual Appropriations for 2010-11 per Note 23 - Table B
d Departmental Appropriations for Ordinary Annual Services per Note 23 - Table A Appropriation Act (No.1 & No3) 2011-12
e Includes cash on hand at 30 June 2012.
f Section 31 Receipts per Note 23 - Table A
Expenses and Resources for Outcome 1
The table below shows the total resourcing for the Court’s Outcome on an expense basis.
Figure A.2 Resources for outcomes, 2011-12
1. Full Year budget, including any subsequent adjustment made to the 2011-12 budget.
2. Departmental Appropriation combines “Ordinary annual services (Appropriation Bill No. 1 and No.3) and “Revenue from independent sources (s31)”.
3. Includes depreciation and amortisation, liabilities assumed by related entities for the Notional Federal Magistrate Pension Scheme (Invalidity), resources received free of charge for Australian National Audit Office Audit services, Family Court of Australia services, and Federal Court of Australia services.
4. Special Public Money Special accounts, Litigants Fund Special Account and other Trust moneys, have been excluded from the table above, consistent with the Resource Statement for the 2011-2012 budget.
Appendix B: Staffing Profile
At 30 June 2012, the Court had a total workforce of 165 employees covered by the Enterprise Agreement and AWAs (excluding judicial officers and casual employees).
Of the Court’s 165 employees:
- 144 (87.3 per cent) were female and 21 (12.7 per cent) were male compared with 84.1 per cent and 15.9 per cent, respectively at 30 June 2011, and
- 123 (74.5 per cent) were ongoing employees and 42 (25.5 per cent) were non-ongoing employees compared with 74.7 per cent and 25.3 per cent, respectively at 30 June 2011.
The following tables show staff statistics by location, gender, full-time and part-time status and ongoing and non-ongoing.
Table B.1 Staff by location
Level |
ACT |
NSW |
NT |
QLD |
SA |
TAS |
VIC |
WA |
Total |
---|---|---|---|---|---|---|---|---|---|
APS 3 |
1 |
6 |
7 |
||||||
APS 4 |
2 |
26 |
2 |
14 |
8 |
2 |
20 |
1 |
75 |
APS 5 |
2 |
23 |
1 |
12 |
7 |
2 |
18 |
1 |
66 |
APS 6 |
2 |
1 |
3 |
||||||
EL 1 |
5 |
1 |
2 |
1 |
1 |
1 |
11 |
||
EL 2 |
1 |
1 |
2 |
||||||
SES 1 |
1 |
1 |
|||||||
Total |
4 |
58 |
4 |
28 |
16 |
5 |
48 |
2 |
165 |
Table B.2 Staff by gender
Level | Gender |
ACT |
NSW |
NT |
QLD |
SA |
TAS |
VIC |
WA |
Total |
---|---|---|---|---|---|---|---|---|---|---|
APS 3 | Female |
1 |
6 |
7 |
||||||
APS 4 | Female |
2 |
20 |
2 |
11 |
7 |
1 |
18 |
1 |
62 |
Male |
6 |
3 |
1 |
1 |
2 |
13 |
||||
APS 5 | Female |
2 |
21 |
1 |
12 |
7 |
2 |
18 |
1 |
64 |
Male |
2 |
2 |
||||||||
APS 6 | Female |
1 |
1 |
2 |
||||||
Male |
1 |
1 |
||||||||
EL 1 | Female |
4 |
2 |
1 |
1 |
8 |
||||
Male |
1 |
1 |
1 |
3 |
||||||
EL 2 | Female |
1 |
1 |
|||||||
Male |
1 |
1 |
||||||||
SES 1 | Male |
1 |
1 |
|||||||
Total |
4 |
58 |
4 |
28 |
16 |
5 |
48 |
2 |
165 |
Table B.3 Staff by attendance status
Level | Attendance |
ACT |
NSW |
NT |
QLD |
SA |
TAS |
VIC |
WA |
Total |
---|---|---|---|---|---|---|---|---|---|---|
APS 3 | Full-time |
1 |
5 |
6 |
||||||
Part-time |
1 |
1 |
||||||||
APS 4 | Full-time |
2 |
26 |
2 |
14 |
7 |
2 |
19 |
1 |
73 |
Part-time |
1 |
1 |
2 |
|||||||
APS 5 | Full-time |
2 |
22 |
1 |
12 |
7 |
2 |
17 |
1 |
64 |
Part-time |
1 |
1 |
2 |
|||||||
APS 6 | Full-time |
2 |
1 |
3 |
||||||
EL 1 | Full-time |
3 |
1 |
1 |
1 |
1 |
1 |
8 |
||
Part-time |
2 |
1 |
3 |
|||||||
EL 2 | Full-time |
1 |
1 |
2 |
||||||
SES 1 | Full-time |
1 |
1 |
|||||||
Total |
4 |
58 |
4 |
28 |
16 |
5 |
48 |
2 |
165 |
Table B.4 Staff by location and ongoing and non-ongoing employment status
Ongoing |
Non-ongoing |
Total |
|||
---|---|---|---|---|---|
Location |
Female |
Male |
Female |
Male |
|
Adelaide |
13 |
2 |
1 |
16 |
|
Albury |
1 |
1 |
|||
Brisbane |
19 |
2 |
1 |
1 |
23 |
Cairns |
3 |
3 |
|||
Canberra |
2 |
2 |
4 |
||
Dandenong |
1 |
1 |
|||
Darwin |
2 |
1 |
1 |
4 |
|
Dubbo |
1 |
1 |
|||
Hobart |
1 |
1 |
2 |
||
Launceston |
3 |
3 |
|||
Melbourne |
26 |
2 |
18 |
1 |
47 |
Newcastle |
6 |
6 |
|||
Parramatta |
8 |
1 |
3 |
12 |
|
Perth |
1 |
1 |
2 |
||
Sydney |
19 |
5 |
8 |
4 |
36 |
Townsville |
2 |
2 |
|||
Wollongong |
2 |
2 |
|||
Total |
109 |
14 |
35 |
7 |
165 |
Judicial Officers
At 30 June 2012, there were 21 female and 42 male federal magistrates.
Table B.5 Number of federal magistrates, at 30 June 2012
Location | Federal magistrates |
---|---|
Australian Capital Territory | 2 |
New South Wales | 1 Chief Federal Magistrate |
23 federal magistrates | |
Northern Territory | 1 |
Queensland | 12 |
South Australia | 6 |
Tasmania | 2 |
Victoria | 15 |
Western Australia | 1 |
Total | 63 |
Workforce turnover
Table B.6 Workforce turnover
Employment type | Reason | Total |
---|---|---|
Non-ongoing employees | Dismissed |
- |
5.26% | Retirement age 60-65 |
- |
Retirement age over 65 |
- |
|
Inter department transfer |
- |
|
Resignation |
12 |
|
Total non-ongoing employees |
12 |
|
Ongoing Employees | Retirement age 60-65 |
- |
5.26% | Retirement age over 65 |
1 |
Inter department transfer |
1 |
|
Resignation |
10 |
|
Redundancy |
- |
|
Total ongoing employees |
12 |
|
Public office holders | Deceased |
1 |
0.43% | Resigned |
- |
Retirement |
- |
|
Total public office holders |
1 |
|
Total |
25 |
*Total staff numbers for the above table include all employees and public office holders as at 30 June 2012 (a headcount of 228).
Note: The above figures do not include non-ongoing employees whose actual period of engagement reached their non-ongoing contract date of expiry
Agreement making
Enterprise Agreement
Table B.7 Federal Magistrates Court employees covered by the Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011-2014
Level |
Female |
Male |
Total |
---|---|---|---|
APS 3 |
7 |
- |
7 |
APS 4 |
62 |
13 |
75 |
APS 5 |
64 |
2 |
66 |
APS 6 |
1 |
1 |
2 |
EL 1 |
8 |
3 |
11 |
EL 2 |
- |
1 |
1 |
Total |
142 |
20 |
162 |
Other agreements
Table B.8 AWA maximum salary ranges by classification
Classification | Salary Range ($) |
---|---|
APS 4 |
- |
APS 5 |
- |
APS 6 |
79,800 |
EL 1 |
- |
EL 2 |
153,081 |
SES 1 |
193,293 |
Table B.9 Employees covered by other agreements*
Australian Workplace Agreements |
Determination 24 arrangements |
|||||
---|---|---|---|---|---|---|
Level |
Female |
Male |
Total |
Female |
Male |
Total |
APS 3 | ||||||
APS 4 | ||||||
APS 5 |
1 |
1 |
||||
APS 6 |
1 |
1 |
1 |
1 |
||
EL 1 |
1 |
1 |
2 |
|||
EL 2 |
1 |
1 |
1 |
1 |
2 |
|
SES 1 |
1 |
1 |
1 |
1 |
||
Total |
2 |
1 |
3 |
4 |
3 |
7 |
* At 30 June 2012 there were three AWAs in place and each of these were supplemented by agency head determinations made under section 24 of the Public Service Act 1999. A further seven section 24 determinations supplemented the terms and conditions of staff covered by the Enterprise Agreement.
Table B.10 Classification structure and pay rates of staff covered by the Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011-2014
APS Classification and no. of staff * |
Salary rates at |
Salary rates at |
---|---|---|
APS 3 - 7 employees |
$53,145 |
$54,740 |
$54,494 |
$56,129 |
|
$55,905 |
$57,583 |
|
APS 4 - 75 employees |
$59,568 |
$61,356 |
$61,116 |
$62,950 |
|
$62,681 |
$64,562 |
|
APS 5 - 65 employees |
$64,393 |
$66,325 |
$66,411 |
$68,404 |
|
$68,281 |
$70,330 |
|
APS 6 - 2 employees |
$69,937 |
$72,036 |
$73,657 |
$75,867 |
|
$79,888 |
$82,285 |
|
EL 1 - 9 employees |
$89,156 |
$91,831 |
$92,715 |
$95,497 |
|
$96,272 |
$99,161 |
|
EL 2 - 0 employees |
$105,266 |
$108,424 |
$108,481 |
$111,736 |
|
$116,583 |
$120,081 |
|
$118,426 |
$121,079 |
|
$120,480 |
$124,095 |
|
$123,557 |
$127,264 |
Appendix C: Freedom of Information
The Freedom of Information Act 1982 does not apply to any request for access to documents of the Court unless the document relates to matters of an administrative nature
No freedom of information applications were made to the Court for the period 1 July 2011 to 30 April 2012.
Agencies subject to the Freedom of Information Act 1982 (FOI Act) are required to publish information to the public as part of the Information Publication Scheme (IPS). This requirement, in Part II of the FOI Act, has replaced the former requirement to publish a section 8 statement in an annual report. An agency plan showing what information is published in accordance with the IPS requirements is accessible from agency websites.
Information about FOI and the IPS agency plan for the Federal Magistrates Court can be found on the Federal Magistrates Court website at www.fmc.gov.au/html/foi.html
Access to information outside the Freedom of Information Act
Rule 2.08 of the Federal Magistrates Court Rules 2001 provides that a search of the Court’s records may be undertaken by: the Attorney-General (in family law proceedings), a party, a lawyer for a party, a child representative (in family law proceedings) or a person granted leave by the Court or a registrar. Leave may be granted if a proper interest is shown and may be subject to conditions. In relation to access to documents in general federal law proceedings, the Court applies the same rule as that prescribed by the Federal Court. This Rule identifies certain categories of court documents as being available for inspection without leave.
There are other legislative provisions which limit publication in various proceedings. For example; s121 Family Law Act 1975, s110X Child Support (Registration and Collection) Act 1988 and s91 Migration Act 1958. In addition section 61 of the Federal Magistrates Act 1999 gives the Court general power to prohibit publication of evidence. The Government has indicated that they will be introducing model provisions to provide for consistency in the processes and grounds for seeking suppression and non-publication orders across Australian courts.
Enquiries concerning access to documents or freedom of information matters generally should be directed to:
Chief Executive Officer
Federal Magistrates Court of Australia
GPO Box 9991
CANBERRA ACT 2601
Categories of documents
The registries of the Family Court and Federal Court maintain the following categories of documents on behalf of the Court:
- documents relating to matters heard by the Court including applications, affidavits, transcripts, orders and copies of judgments
- registers and indexes of matters coming to the Court, and
- general correspondence.
The Federal Magistrates Court maintains the following categories of documents:
- general correspondence
- documents concerning the development and implementation of policy, guidelines and procedures, and
- documents concerning the Court’s administrative and financial operations.
Other documents
The Court holds and makes available on request a range of documents including brochures, fact sheets and general information leaflets. These are available on the Court’s website at www.fmc.gov.au and on the Family Law Courts website at www.familylawcourts.gov.au
Privacy
The Court holds personal information for two purposes, being to:
- help resolve and, if necessary, determine matters before the Court (the judicial purpose), and/or
- assist in administration (the administrative purpose).
Information used for judicial purposes is held in case files and the case management computer system (Casetrack). This information is exempt from the Privacy Act 1988 and Freedom of Information Act 1982. Other statutory provisions and non-publication powers of the Court, designed to protect parties and their children, are applicable to this information.
Information used for administrative purposes is collected as part of the day-to-day running of the Court. This includes information about:
- employees of the Court
- suppliers of goods and services to the Court, and
- security matters.
The collection, storage and disclosure of this information is governed by the provisions of both the Privacy Act and the Freedom of Information Act.
Appendix D: Advertising and Market Research
Under section 311A of the Commonwealth Electoral Act 1918, the Court is required to disclose particulars of payments of $11,900 or more (inclusive of GST) for advertising, market research, polling organisations, direct mail and media advertising.
The Court spent a total of $10,100 during the 2011-12 financial year in advertising and market research, comprising mainly payments to media advertising organisations for recruitment and tender notices.
During 2011-12, the Federal Magistrates Court did not conduct any advertising campaigns.
Appendix E: Ecologically sustainable development and environmental performance
The following information is provided in accordance with Section 516A of the Environment Protection and Biodiversity Conservation (EPBC) Act 1999.
Court activities and ecologically sustainable development
As noted in its Environmental Policy, the Court:
“…recognises the importance of implementing sound environmental practices in all court functions…”
This overarching commitment to ecologically sustainable development (ESD) was augmented in multiple ways by the Federal Magistrates Court during 2011-12 as detailed below.
Impacts on the environment
The Court impacts on the environment in a number of areas, primarily in the consumption of resources.
Table E.1 lists environmental impact/usage data where available. Data for the Federal Magistrates Court and Family Court cannot be accurately separated; therefore the data provided in Table E.1 is total combined data for both courts unless specified. Any data relating to Commonwealth Law Courts has been calculated using the occupation apportionment percentage allocated to the Court, as the Commonwealth Law Courts are shared by multiple jurisdictions.
Table E.1: Federal Magistrates Court and Family Court environmental impact/usage data, 2009-10 to 2011-12
2009-10 | 2010-11 | 2011-12 | |
---|---|---|---|
Energy usage (stationary) |
50,191 GJ (Gigajoules) 11,305 tonnes CO2-e* |
48,538 GJ 10,758 tonnes CO2-e |
Data not available until October 2012 |
Paper usage | 22,375 reams office paper | 22,510 reams office paper | 24,165 reams office paper |
Water usage (Commonwealth Law Courts only) | 25,680 kL (kilolitres) | 24,519 kL | 21,943kL |
Transport Vehicles -energy usage |
1,681 GJ (Gigajoules)** 113 tonnes CO2-e** |
5,646 GJ 374 tonnes CO2-e |
Data not available until October 2012 |
Transport Flights (estimated) |
Not available | Not available |
3,452,811 kms (kilometers) 975 tonnes CO2 |
* There was a data adjustment made to the figure published in the 2010-2011 Annual Report for Stationary emmissions.
**FMC transport was not included in the total figure in 2009-10.
Measures to minimise the Court’s environmental impact
Environmental Management System
The Court is currently developing a corporate Environmental Management System (EMS) to ensure an overarching and systematic approach to improving its environmental performance. The EMS is being developed to conform to the relevant Australian and international standard (AS/NZS ISO 14001:2004). A number of elements of the Court’s EMS have already been completed, and are reviewed and/or updated where relevant in accordance with the EMS standard. Elements completed to date include:
- an environmental policy outlining the Court’s broad commitment to environmental management
- an environmental risk register identifying significant environmental aspects and impacts for the Court and treatment strategies to mitigate them. This register has been reviewed annually since its development
- an environmental legal register to identify any relevant environmental legal requirements for the Court (this register also includes other requirements such as applicable Federal Government policy requirements). This register has been reviewed annually since its development and is available on the intranet
- an environmental annual plan ( environmental objectives, targets and programs) to identify environmental targets and associated performance indicators. The plan has since been reviewed and a revised plan is currently being developed
- an EMS management review report has been submitted to ensure management is informed of the status of the EMS and to provide an opportunity for feedback, improvement and endorsement
- an EMS manual outlining procedures for each element of the EMS as well as summary information on each element, and
- a range of forms to accompany the EMS procedures and other requirements.
Other measures
During 2011-12, the Court worked within its EMS to minimise its environmental impact through a number of specific measures, either new or continuing, as follows.
Energy
- An energy reduction project was completed in 2012. The project involved implementing feasible recommendations from energy audits conducted at several sites. Recommendations implemented included:
- lighting upgrades at Newcastle, Darwin, Dandenong and Townsville registries to more energy efficient lights and more effective controls.
- installation of supplementary air conditioning controls
- timers reprogrammed in kitchen hot water units, and
- rationalisation of electronic equipment such as printers.
Whilst it is difficult to accurately quantify savings from the measures, electricity data for the sites that received lighting upgrades indicate energy usage reductions of up to 30 per cent and savings of approximately $25,000 in 2011-12, and
- Electricity contracts continue to be reviewed to ensure value for money. New energy supply contracts negotiated for the Commonwealth Law Courts and the Dandenong registry in 2010-11 resulted in estimated savings of $380,000 (Commonwealth Law Courts savings calculated as per occupation percentages apportioned to the Family Court and Federal Magistrates Court).
Information technology
- An internal ICT sustainability plan was developed to address the requirements for the Federal Government ICT Sustainability Plan 2010-15. This plan has been incorporated into the environmental risk register. To date, ICT specific actions progressed have included:
- a program to shutdown desktops automatically after hours (in test phase). In the meantime, staff are encouraged to shut down their desktops at the end of the day and regular site specific shutdown statistics are published on the intranet to assist with increasing staff awareness
- e-waste is recycled or reused where possible, including auctioning redundant but still operational equipment
- utilising whole-of-government procurement of IT equipment where available
- ensuring ICT Sustainability Plan 2010-15 equipment standards are met when procuring new equipment
- ensuring fully recyclable packaging where possible
- replacing printers with more energy efficient models and rationalising where possible as part of national printer replacement project
- introducing tablets (significantly more energy efficient) as an alternative to laptops, and
- a national desktop and monitor replacement project. Existing equipment was replaced with more energy efficient models and rationalised where possible.
- networking of the courts' 20 PABX systems was completed in 2011-12 allowing internal phone calls to be carried out by the courts' data network. This will lead to significant cost reductions for internal phone calls.
Paper
- Paperless invoice processing was introduced by the Court’s finance section, allowing registries to forward invoices for payment electronically.
- 50 per cent recycled content paper was implemented nationally from July 2011. This met a mandatory target of the Federal Government ICT Sustainability Plan 2010-15.
- A working group was set up to investigate issues impacting on paper usage.
- Secure paper (confidential etc.) continued to be shredded and recycled for all court locations. Non-secure paper recycling is available at 15 sites.
Waste/cleaning
- A waste recycling (plastics, metal, cardboard etc.) program was implemented at the National Support Office in 2010. In 2010-11 approximately 25 per cent of waste previously sent to landfill was recycled. In 2011-12 this increased to approximately 50 per cent.
- The number of sites with recycling facilities for printer toner cartridges increased by two to a total of 19.
- Recycling facilities for staff personal mobiles have increased by one site to a total of 11 sites.
- Electronic media (CDs, work mobiles etc.) continue to be securely shredded and components recycled where possible.
Corporate culture/communication
- The Court’s Environmental Champions Network (ECN) continues to offer the opportunity for staff to provide their input to environmental matters for the Court. The volunteer membership has increased from five members in 2010 to 20 members representing 13 sites nationally in 2011-12. Projects to date have included:
- Earth Hour
- national recycling week
- mobile muster campaign
- Christmas electronic equipment shutdown drive
- launch of environmental logo specific to the Court
- ECN internal online national ‘community’ for interactive communication between members
- An environmental management intranet page provides information on environmental issues for the Court.
- Regular articles about the Court’s environmental status are included in the internal e-newsletter The Court Exchange.
- The Court continues to be represented as a member on the (federal) Government Agency Environmental Network (GAEN); an interagency network facilitating the sharing of best practice environmental information. Its membership includes approximately 30 agencies. The Court’s Environmental Manager is currently chairing one of the GAEN subgroups (the Environmental Management System subgroup).
Property
Fitouts and refurbishments continue to be conducted in an environmentally responsible manner including by:
- recycling demolished materials where possible
- maximising reuse of existing furniture and fittings
- engaging consultants with experience in sustainable development where possible, and
- maximising use of environmentally friendly products such as recycled content in furniture and fittings, low VOC (volatile organic compounds) paint and adhesives, and energy efficient lighting and air conditioning.
Travel
Portable videoconferencing facilities have been upgraded at many sites nationally to improve accessibility. Whilst some travel is unavoidable due to the nature of the Court (e.g. travel required for circuit registries), improved access to videoconferencing provides an alternative option in some cases.
Review and improvement strategies
Environmental Management System
The primary tool used for reviewing and improving effectiveness of environmental impacts is the Court’s Environmental Management System (EMS). Whilst the EMS is still under development, elements of it (as detailed above) have established benchmarking and treatment strategies for identified environmental impacts.
At 30 June 2012, annual reviews of the following elements were completed or close to completion, helping ensure continual improvement of measures and effectiveness:
- environmental risk register (significant environmental aspects and impacts)
- EMS management review
- environmental annual plan (objectives, targets and programs), and
- environmental legal and other requirements register.
Other measures
External reporting requirements, such as under the Energy Efficiency in Government Operations (EEGO) Policy and the Australian Packaging Covenant, provide annual snapshots of the Court’s performance in areas associated with the environment. This enabled the Court to track its progress in areas such as energy use and identify areas of potential improvement.
Additional ESD implications
In 2011-12, the Court did not administer any legislation with ecologically sustainable development (ESD) implications nor did it have outcomes specified in an Appropriations Act with ESD implications.
Appendix F: Fraud Control Certification
In accordance with guideline 2.8 of the Commonwealth Fraud Control Guidelines 2011, issued by the Minister for Justice and Customs, pursuant to Regulation 19 of the Financial Management and Accountability Regulations 1997, I hereby certify that I am satisfied that:
The Federal Magistrates Court of Australia has prepared fraud assessments and has in place a fraud control plan that complies with the Guidelines.
Appropriate fraud prevention, detection, investigation and reporting procedures and process are in place.
Annual fraud data has been collected and reported that complies with the Guidelines.
[Signed in the paper version]
Richard Foster, PSM
Acting
Chief Executive Officer
Federal Magistrates Court of Australia
28 August 2012
Appendix G: Committees
Committees
Table G.1 provides details of the membership and functions of the Federal Magistrates Court committees (alphabetical order), at 30 June 2012.
Table G.1 Federal Magistrates Court Committees 30 June 2012
Title | Members | Terms of Reference |
---|---|---|
Audit and Risk Committee |
Chris Doogan AM (external member) (chair) Acting Chief Finance Officer (Grahame Harriott) Registry Manager representative (Jamie Crew, Newcastle) Representatives of the Family Court of Australia, ANAO representatives and the Court’s internal auditors also attend meetings as observers Oakton Services Pty Limited, secretariat services |
Monitor and where necessary, recommend improvements to:
|
Case Management Federal Magistrates Committee |
FM Baumann (National Coordinator of Case Management) FM Mead FM Coker FM Raphael (to Dec 2011) FM Roberts FM Walters (to Oct 2011) FM Barnes (from Jan 2012) FM Riethmuller (from Nov 2011) FM Terry FM Spelleken FM Henderson FM Altobelli (to Dec 2011) FM Kemp (from Jan 2012) Acting CEO (Richard Foster) Acting Deputy CEO (Steve Agnew) Principal Registrar (Adele Byrne) Manager of Chief Federal Magistrates Chambers (Stuart Fenwick) With support from Lucy Schodel (to Dec 2011) With support from Halyee Hobbs (from Jan 2012) |
To assist the Chief Federal Magistrate and the National Coordinator of Case Management in the case management of the Court and to enhance the adoption of consistent case management practices throughout the Court. |
Legal Committee |
FM Baumann (chair) FM Brewster FM Driver FM Phipps FM Jarrett FM Riethmuller FM Cameron FM Whelan FM Foster Principal Registrar, Adele Byrne (minutes) |
To consider and refer recommendations to the Chief Federal Magistrate on possible rule amendments and wider legal issues concerning the Court’s jurisdiction. |
Judicial Committees
Title | Members | Terms of Reference |
Policy Advisory Committee
|
CFM Pascoe FM Baumann FM Donald FM Emmett FM Riethmuller FM Burchardt FM Cassidy FM Kelly Acting CEO (Richard Foster) Acting Deputy CEO (Steve Agnew) Secretariat (Stewart Fenwick) |
To provide advice to the Chief Federal Magistrate in relation to the Court’s overall strategies and policies for the delivery of court services. |
Research Ethics Committee |
CFM Pascoe FM Baumann With support from Acting Deputy CEO
|
To consider, monitor and overview all research and evaluation proposals (whether internal or external) for approval and disseminate research papers/results as necessary. |
Joint Committees
Table 2 provides details of the membership and functions of the joint committees (alphabetical order) of the Federal Magistrates Court at 30 June 2012.
Table H.2 Joint committees, 30 June 2012
Committee | Members | Terms of reference |
Aboriginal and Torres Strait Islander Committee |
Justice Benjamin, FCoA (chair) FM Donald Executive Advisor, FCoA (Leisha Lister) Stephen Ralph (Research Consultant) |
To examine the needs of Indigenous people in the Family Law Courts. |
Chief Executive Officer’s Management Advisory Group |
Acting CEO, FMC and CEO, FCoA (Richard Foster) (chair) Acting Deputy CEO, FMC (Steve Agnew) Acting Chief Finance Officer, FMC and Executive Director Corporate, FCoA (Grahame Harriott) Executive Director Client Services, FCoA
Principal Child Dispute Services (Pam Hemphill) Acting Executive Director Information, Communication and Technology Services, FCoA (Phil Hocking) Manager of Chief Federal Magistrates Chambers (Stewart Fenwick) With assistance by the Executive Advisor to the CEO (Leisha Lister) Executive Advisor, Client Services (Simon Kelso) Regional Registry Managers |
To provide operational and policy advice to the Chief Executive Officer’s regarding key areas that are likely to be affected by the integration of the administrations of the Federal Magistrates Court and the Family Court. |
Family Law Courts Advisory Group |
CJ Bryant, FCoA CFM Pascoe Justice Watts, FCoA FM Baumann Acting CEO, FMC and CEO, FCoA
AGD representative (David Fredericks and Louise Glanville) Assisted by Leisha Lister |
The Family Law Courts Advisory Group has a critical governance role in resourcing the Federal Magistrates Court and Family Court and coordinates various administrative relationships between the two courts. |
Family Violence Committee |
Justice Ryan, FCoA (chair) Justice Collier, FCoA Justice Stevenson, FCoA FM Brown FM Hughes FM Altobelli Principal Registrar, FCoA (Angela Filippello) Family consultant (Diane Lojszczyk) Senior Legal Research Advisor, FCoA (Kristen Murray) |
To complete the implementation of the courts’ Family Violence Strategy and provide advice to the Chief Federal Magistrate, Chief Justice of the Family Court and Chief Executive Officer on family violence issues. |
Harmonised Bankruptcy Rules Monitoring Committee |
Justice Greenwood, FCA (convenor) FM Burchardt, Principal Registrar, FMC (Adele Byrne) Representatives from the FCoA Representatives from the profession |
To monitor the operation of the Federal Court (Bankruptcy) Rules 2005 and the Federal Magistrates Court (Bankruptcy) Rules 2006 and identify such amendments as may be necessary to address any legislative or procedural changes, or to resolve any difficulties. |
Joint Costs Advisory Committee (JCAC) |
Justice Benjamin, FCoA (chair) Andrew Phelan, Chief Executive and
John Mathieson, Deputy Registrar, FCA Adele Byrne, Principal Registrar, FMC Angela Filippello, Principal Registrar, FCoA |
To advise the justices of the High Court of Australia, judges of the Federal Court of Australia, judges of the Family Court of Australia, and federal magistrates of the Federal Magistrates Court of Australia (annually) on variations in the quantum of costs for legal practitioners (including expenses and fees for witnesses) which may be fixed in the rules for which they are respectively responsible. |
National Consultative Committee |
CEO’s representative: Claire Golding
Members are selected by vote and represent: National Support Office: Annie Fenn (HR Officer) Associates: Emma Crutchfield (FMC, Brisbane) Registrars: Debra Parker (Canberra) Client Services: Carol McPherson (Lismore)
Family consultants: Louise Salmon (Sydney) A representative from the Community and
|
Consultative forum for staff about issues with a national perspective such as industrial democracy, security, the strategic objectives of the Court, equal employment opportunities, new technology, accommodation and amenities and personnel and staffing policies and practices. Delegates present staff views on issues that affect the management and future direction of the Court and provide feedback and briefings to the workplace nationally. |
Property Management Committee |
Justice Dawe, FCoA (chair) FM Donald Acting CEO, FMC and CEO, FCoA (Richard Foster) Executive Director Corporate, FCoA (Grahame Harriott) Registry Manager representative National Manager Contracts and Property
|
To plan and assess the current and future needs of the courts in relation to property services including contracting, refurbishment and construction activity. |
Staff Development Committee |
Claire Golding (A/g Manager Human Resources),(Chair) Registry Manager representative: Brenda Field (Dandenong) Child Dispute Services: Stacey McGuinness
Registrars: Debra Parker Client Services: Rupal Patal (NEC Parramatta), Haylee Hobbs (FMC Melbourne) Information Technology and Communications Services: Sona Muradyan (Sydney) Registry services team leader: Julie Greig (Adelaide) HR representative, Workforce and Policy Manager:
|
To identify and/or develop national training and development initiatives, policies and programs. |
Appendix H: External Involvement
The Chief Federal Magistrate, federal magistrates and the Chief Executive Officer participate in a range of consultative and strategic forums including the following:
Australian Courts Administrators’ Group
The Acting Chief Executive Officer represents the Court at this forum which meets to progress issues surrounding courts administration across Australia and New Zealand. The group meets quarterly.
Family Law Council
The Family Law Council provides advice and recommendations to the Attorney-General on the workings of the Family Law Act 1975 and other family law legislation, legal aid in family law, and any other matters relating to family law. The Court was represented on the Council by Federal Magistrate Lapthorn with the Principal Registrar, Adele Bryne as an observer to the Council.
National Alternative Dispute Resolution Advisory Council
The National Alternative Dispute Resolution Advisory Council (NADRAC) is an independent body that provides policy advice to the Attorney-General on the development of alternative dispute resolution practices. The Court notes the significant emphasis it places on alternative dispute resolution (ADR) processes and recognised the range of beneficial outcomes ADR can deliver for parties.
Child Support Program
The Court’s Principal Registrar, Adele Byrne, is a member of the Child Support National Stakeholder Engagement Group which is a representative forum of key stakeholders with expertise and an interest in child support matters. The establishment of this group was in response to a recommendation of the Ministerial Taskforce report into child support, In the Best Interests of Children-Reforming the Child Support Scheme.
Social Security Appeals Tribunal
Regular liaison occurred during 2010-11 between the Social Security Appeals Tribunal and court representatives in order to facilitate appeal processes.
Insolvency and Trustee Service of Australia
During 2011-12, regular liaison meetings were held with representatives from the Insolvency and Trustee Service Australia (ITSA), the Federal Magistrates Court, and the Federal Court, with an update on recent trends and developments. This included an inspection of the National Service Centre in Adelaide which handles enquiries in relation to the Personal Property Securities (PPS) Register hosted by ITSA.
Zimbabwe Supreme Court
The Federal Magistrates Court and the Family Court, under a grant from AusAID, have been providing the Zimbabwe Supreme Court with family law expertise and advice as appropriate to stakeholders in the area of Australian family law, with a particular focus on alternate dispute resolution mechanisms, counselling for litigants, and the application of a Less Adversarial Trial (LAT).
National child protection and family law collaboration meeting
The Commonwealth Attorney-General’s Department hosted two national child protection and family law collaboration meetings during 2011-12. Stakeholders from the Federal Magistrates Court, the Family Court, the Family Court of Western Australia and each of the state and territory child welfare authorities attended the meetings, the purpose of which was to:
- provide an opportunity for stakeholders to share experience and learning
- provide clarity and dialogue around the nature of current initiatives to improve outcomes for children and their families
- identify impediments to change
- identify possibilities for implementing new processes and practices, and
- assist in developing agreed principles on protocols and/ or a Memorandum of Understanding between the child protection authorities and the courts.
The meetings were successful, with significant positive feedback received from stakeholders.
International visitors
Vietnamese - September 2011
The Federal Magistrates Court remains actively involved with the Vietnamese legal system. The Chief Federal Magistrate and other members of the Court attended a family law conference in Hanoi, Vietnam; and in October, a delegation led by the Chief Justice of Vietnam visited the Court in Sydney.
The Chief Justice of Vietnam was joined by several senior court administrators in his visit to Australia, which was coordinated by the Federal Court of Australia. Federal Magistrate Emmett hosted the delegation on behalf of Chief Federal Magistrate Pascoe. Federal Magistrate Emmet was joined by Federal Magistrate Kemp and Acting Deputy CEO Steve Agnew. In addition to learning about our family and general federal law jurisdictions, the guests heard first hand about the challenges of managing the Court’s operations.
One of the highlights of the visit was the invitation extended by Federal Magistrate Altobelli for the Chief Justice of Vietnam to join him on the bench. The visitors were also introduced to registry operations and were given a preview of the new courtrooms under construction on level three of the Lionel Bowen Building in Sydney.
Chief Federal Magistrate Pascoe delivered the opening address at the first Vietnam Family Law Conference in Hanoi. Federal Magistrates Sexton and Lapthorn also contributed as guest speaker and panel chair respectively. In his opening address, Chief Federal Magistrate Pascoe said that ‘the ties between Vietnam and Australia are growing stronger, making events like this conference both possible and desirable.’
He also outlined some of the demographic and cultural changes that have taken place in Australia during the past four decades, and noted the impacts that these changes have had on the practice of family law.
‘Issues of language, heritage and values are daily fare in the Court,’ he said. ‘In short, our work represents the dynamic and multi-cultural society which is Australia today.’
Appendix I: Federal Magistrate Activities
FEDERAL MAGISTRATE ACTIVITIES
Acronyms used in Appendix I
AAWJ Australian Association of Women Judges
AFCC Association of Family and Conciliation Courts
AIJA Australian Institute of Judicial Administration
AILA Australian Insurance Law Association
ALLA Australian Law Librarian’s Association
CLE Continuing Legal Education
CQLA Central Queensland Law Association
FM Federal Magistrate
FLBA Family Law Bar Association
FLS, LCA Family Law Section, Law Council of Australia
FLPA Family Law Practitioners Association
GDLP Graduate Diploma In Legal Practice
IARLJ International Association of Refugee Law Judges
IACA International Association for Court Administration
IAWJ International Association of Women Judges
IBA The Industrial Bar Association
JCA Judicial Conference of Australia
NJCA National Justice College of Australia
NQLA North Queensland Law Association
SSAT Security Appeals Tribunal
QLS Queensland Law Society
Federal Magistrate | Conferences, presentations, papers and other activities to external organisations |
---|---|
Chief Federal
John Pascoe
|
Ceremonial Sittings
Professional Memberships
Conferences
Presentations
Facilitating
|
FM Hartnett |
Professional Memberships
|
FM Baumann AM |
Presentations
Facilitating
|
FM Scarlett |
Presentations
|
FM Coker |
Professional Memberships
Conferences
Facilitating
|
FM Driver |
Professional Memberships
Conferences
Presentations/Papers
Facilitating
|
FM Roberts |
Professional Memberships
Conferences
Presentations
Other external activities
|
FM Phipps |
Papers
|
FM Walters |
Conferences
|
FM Barnes |
Professional Memberships
Conferences
|
FM Coakes |
Professional Memberships
Conferences
Presentations/Papers
|
FM Lindsay |
Conferences
|
FM Jarrett |
Professional Memberships
Conferences
Presentations
Facilitating
Other external activities
|
FM Emmett |
Presentations
|
FM Riethmuller |
Professional Memberships
Conferences
Presentations
Other external activities
|
FM Lloyd-Jones |
Professional Memberships
|
FM Sexton |
Professional Memberships
Conferences
Presentations/Papers
Other external activities
|
FM Lapthorn |
Professional Memberships
Conferences
|
FM Henderson |
Professional Memberships
Conferences
Presentations
|
FM Hughes |
Conferences
Presentations
Other external activities
|
FM Riley |
Professional Memberships
Conferences
|
FM Burchardt |
Professional Memberships
Conferences
Presentations
Other external activities
|
FM Halligan |
Presentations/Papers
|
FM Lucev |
Professional Memberships
Presentations
|
FM L Turner |
Professional Memberships
Presentations
Other external activities
|
FM Cameron |
Professional Memberships
Conferences
Presentations
|
FM Altobelli |
Professional Memberships
Presentations/Papers
Other external activities
|
FM Burnett |
Professional Memberships
Conferences
Other external activities
|
FM Coates |
Professional Memberships
Conferences
Presentations
|
FM Kelly |
Professional Memberships
Conferences
Presentations
|
FM Terry |
Other external activities
|
FM Simpson |
Professional Memberships
Other external activities
|
FM Neville |
Professional Memberships
Presentations
Other external activities
|
FM Kemp |
Professional Memberships
Conferences
Presentations
|
FM Howard |
Professional Memberships
Conference
|
FM Purdon-Sully |
Professional Memberships
Conferences/Papers
Presentations
Other external activities
|
FM Cassidy |
Professional Memberships
Conferences
Presentations
|
FM Bender |
Conferences
Presentations/Papers
|
FM Demack |
Professional Memberships
Conferences
Presentations
|
FM Walker |
Professional memberships
Conferences/Papers
|
FM McGuire |
Presentations
Other External Activities
|
FM Dunkley |
Professional memberships
Conferences
Presentations/Papers
Other external activities
|
FM Baker |
Professional Memberships
Presentations
|
FM Monahan |
Professional Memberships
Conferences
Other External Activities
|
FM Cole |
Professional Memberships
Conferences
Presentations
|
FM Willis |
Professional Memberships
Conferences
Presentations/Papers
|
FM Whelan |
Professional Memberships
Presentations
|
FM Foster |
Memberships
Conferences
Presentations
Other external activities
|
FM Myers |
Presentations/Papers
Other External Activities
|
FM Curtin |
Professional Memberships
|
Appendix J: Court Locations
Family law registries
National Enquiry Centre |
|
Telephone enquiries: TTY/Voice calls International: Email: |
1300 352 000 Contact the National Relay Service on 133 677 or Speak & Listen contact 1300 555 727 +61 2 8892 8590 |
Australian Capital Territory |
|
Canberra |
Nigel Bowen Commonwealth Law Courts Building Cnr University Avenue and Childers Street, Canberra ACT 2600 |
New South Wales |
|
Albury |
Level 1, 463 Kiewa Street, Albury NSW 2640 |
Dubbo |
Cnr Macquarie and Wingewarra Streets, Dubbo NSW 2830 |
Lismore |
Westlawn Building, Level 2, 29-31 Molesworth Street, Lismore NSW 2480 |
Newcastle |
61 Bolton Street, Newcastle NSW 2300 |
Parramatta |
Garfield Barwick Commonwealth Law Courts Building 1-3 George Street, Parramatta NSW 2150 |
Sydney |
Lionel Bowen Commonwealth Law Courts Building 97-99 Goulburn Street, Sydney NSW 2000 |
Wollongong |
Level 1, 43 Burelli Street, Wollongong NSW 2500 |
Northern Territory |
|
Alice Springs |
Level 1, Centrepoint Building, Hartley Street, Alice Springs NT 0870 |
Darwin |
TCG Building, 80 Mitchell Street, Darwin NT 0800 |
Queensland |
|
Brisbane |
Harry Gibbs Commonwealth Law Courts Building 119 North Quay, Brisbane QLD 4000 |
Cairns |
Commonwealth Government Centre, Level 3 and 4, 104 Grafton Street, Cairns QLD 4870 |
Rockhampton |
Virgil Power Building, Ground Floor 46 East Street, Cnr Fitzroy Street, Rockhampton QLD 4700 |
Townsville |
Level 2,Commonwealth Centre, 143 Walker Street, Townsville QLD 4810 |
South Australia |
|
Adelaide |
Roma Mitchell Commonwealth Law Courts Building 3 Angas Street, Adelaide SA 5000 |
Tasmania |
|
Hobart |
Edward Braddon Commonwealth Law Courts Building 39-41 Davey Street, Hobart TAS 7000 |
Launceston |
ANZ Building, Level 3, Cnr Brisbane and George Streets, Launceston TAS 7250 |
Victoria |
|
Dandenong |
53-55 Robinson Street, Dandenong VIC 3175 |
Melbourne |
Owen Dixon Commonwealth Law Courts Building 305 William Street, Melbourne VIC 3000 |
General federal law registries
All enquiries should be directed to the relevant registry, contact details follow. TTY/Voice calls - Contact the National Relay Service on 133 677 or Speak & Listen contact 1300 555 727 |
||
Australian Capital Territory |
||
Canberra |
Nigel Bowen Commonwealth Law Courts Building
|
Phone: (02) 6267 0566
|
New South Wales |
||
Sydney |
Law Courts Building
|
Phone: (02) 9377 5600
|
Northern Territory |
||
Darwin |
Level 3 Supreme Court Building
|
Phone: (08) 8941 2333
|
Queensland |
||
Brisbane |
Level 6 Harry Gibbs Commonwealth Law Courts Building
|
Phone: (07) 3248 1100
|
South Australia |
||
Adelaide |
Level 5 Roma Mitchell Commonwealth Law Courts Building
|
Phone: (08) 8219 1000
|
Tasmania |
||
Hobart |
Edward Braddon Commonwealth Law Courts Building
|
Phone: (03) 6232 1715
|
Victoria |
||
Melbourne |
Owen Dixon Commonwealth Law Courts Building
|
Phone: (03) 8600 3333
|
Western Australia |
||
Perth |
Peter Durack Commonwealth Law Courts Building
|
Phone: (08) 9268 7100
|
Appendix K: Contact Details
Chambers of the Chief Federal Magistrate
Chief Federal Magistrate John Pascoe AO CVO
GPO Box 9991
Sydney NSW 2000
Phone: (02) 9234 0002
Fax: (02) 9234 0052
Office of the Acting Chief Executive Officer
Mr Richard Foster PSM
GPO Box 9991
Canberra ACT 2601
Phone: (02) 6243 8725
Fax: (02) 6243 8737
National Enquiry Centre
The National Enquiry Centre (NEC) is the entry point for all telephone and email enquiries on Family Law Court (Family Court and Federal Magistrates Court) matters. The NEC provides information and procedural advice, forms and brochures, and referrals to community and support services. NEC staff cannot provide legal advice.
Opening Hours: 8.30am to 5.00pm Monday to Friday
Phone: 1300 352 000
International: +61 2 8892 8590
Postal Address: PO Box 9991, Parramatta NSW 2124
TTY/voice calls: Contact the National Relay Service on 133 677 or for Speak and Listen calls contact 1300 555 727
Email:
enquiries@familylawcourts.gov.au
Websites
www.familylawcourts.gov.au
Commonwealth Courts Portal - www.comcourts.gov.au
customer.service@federalcircuitcourt.gov.au
enquiries@familylawcourts.gov.au
Commonwealth Courts Portal - support@comcourts.gov.au
Communication enquiries - communication@familylawcourts.gov.au