Part 8: Appendices

Appendix 1: Agency Resource Statement

Table 8.1 Agency Resource Statement - 2011-12

  Actual available appropriation for
2011-12
$’000
Payments made
2011-12
$'000
Balance remaining
2011-12
$'000
Ordinary Annual Services a
Departmental appropriation
Prior year departmental appropriation 8190c 8190 -
Departmental appropriation 130 529 d 122 405 8124 e
s 31 relevant agency receipts f 5710 5710 -
Total 144 429 136 305 8124
Administered expenses
Outcome 1 - - -
Total - - -
       
Total ordinary annual services 144 429 136 305 8124
Special Accounts b
Opening balance - - -
Appropriation receipts - - -
Total special accounts - - -
       
Total net resourcing for agency 144 429 136 305 8124

aAppropriation Bill (No. 1) 2011-12 and Appropriation Bill (No.3) 2011-12
This may also include prior year departmental appropriation and s 31 relevant agency receipts.

bSpecial 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.

cUnspent Departmental Annual Appropriations for 2010-11 per Note 22 - Table C.

dDepartmental Appropriations for Ordinary Annual Services per Note 22 - Table A Appropriation Act (No.1 & No.3) 2011–12.

eIncludes cash on hand at 30 June 2012.

fSection 30 Receipts per Note 22 - Table A.

Appendix 2: Expenses and Resources for Outcome 1

Table 8.2 Expenses and Resources for Outcome 1

Outcome 1: As Australia's specialist superior family court,
determine cases with complex law and facts, and provide
national coverage as the appellate court in family law
matters
Budget 1
2011-12
$'000
(a)
Actual
expenses
2011-12
$'000
(b)
Variation
2011-12
$'000
(a) - (b)
Program 1.1: Provision of a Family Court
Administered expenses
Ordinary Annual Services (Appropriation Bill No. 1 & No. 3) 0 0 0
Departmental expenses
Departmental appropriation (Appropriation Bill No.1 & No.3) 2 125 404 127 417 -2013
Expenses not requiring appropriation in the Budget year 3 15 852 15 779 73
Total expenses for Outcome 14 141 256 143 196 -1940
       
       
  2010–11 2011–12  
Average Staffing Level (number) 595 574  

1Full year budget, including any subsequent adjustment made to the 2011-12 Budget.

2Departmental Appropriation combines Ordinary annual services (Appropriation Bill No. 1 and No. 3) and 'Revenue from independent sources (s 31)'

3Includes depreciation and amortisation, liabilities assumed by related entities for the Judges Pension Scheme and resources received free of charge for Australian National Audit Office Services.

4Special 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 2011-12 budget.

Appendix 3: Staffing profile

Staffing profile

At 30 June 2012, the Court had a total workforce of 601 employees covered by the Enterprise Agreement and AWAs (excluding judicial officers, the Chief Executive Officer and casual employees), 14 less than at 30 June 2011.

Of the Court's 601 employees:

The following tables show staff statistics by location, gender, full-time and part-time status, and ongoing and non-ongoing.

Table 8.3 Staff* by location

Level ACT CJ NSO NSW NT QLD SA TAS VIC Total
APS 1       1           1
APS 2 1   2 16   14 4   17 54
APS 3 4   9 70 4 31 14 6 34 172
APS 4 3 1 17 37   17 5 3 12 95
APS 5 1 1 18 19 1 11 2 3 8 64
APS 6 1 2 28 4   1 4   3 43
EL 1 4   33 23   15 6 3 16 100
EL 2 1 1 14 22   11 3 2 10 64
SES 1     2 1   1     1 5
SES 2     3             3
Total 15 5 126 193 5 101 38 17 101 601

Note: Actual occupancy at 30 June 2012 includes full and part time staff* with the exception of judicial officers and casual employees.

*All figures in the above table are based on actual headcount.

Table 8.4 Staff by gender

Level Gender ACT CJ NSO NSW NT QLD SA TAS VIC Total
APS 1 Male       1           1
APS 2 Female     2 13   9 3   12 40
  Male       3   5 1   5 14
APS 3 Female 3   8 50 3 21 8 5 23 121
  Male 1   1 20 1 10 6 1 11 51
APS 4 Female 2 1 12 30   13 4 3 9 74
  Male 1   5 7   4 1   3 21
APS 5 Female 1 1 10 17 1 10 2 2 6 50
  Male     8 2   1   1 2 14
APS 6 Female 1 2 16 4   1 3   3 30
  Male     12       1     13
EL 1 Female 3   10 21   14 5 3 9 65
  Male 1   23 2   1 1   7 35
EL 2 Female 1 1 4 14   6 2 1 9 38
  Male     10 8   5 1 1 1 26
SES 1 Female     1 1         1 3
  Male     1     1       2
SES 2 Female     1             1
  Male     2             2
Total   15 5 126 193 5 101 38 17 101 601

Table 8.5 Staff by attendance status

Level Attendance ACT CJ NSO NSW NT QLD SA TAS VIC Total
APS 1 Part-time       1           1
APS 2 Full-time 1   2 11   11 2   14 41
  Part-time       5   3 2   3 13
APS 3 Full-time 3   6 49 3 25 12 5 26 129
  Part-time 1   3 21 1 6 2 1 8 43
APS 4 Full-time 3 1 12 30   16 3 2 10 77
  Part-time     5 7   1 2 1 2 18
APS 5 Full-time 1 1 16 18 1 11 2 3 8 61
  Part-time     2 1           3
APS 6 Full-time 1 1 25 2   1 4   2 36
  Part-time   1 3 2         1 7
EL 1 Full-time 2   29 17   11 4 1 15 79
  Part-time 2   4 6   4 2 2 1 21
EL 2 Full-time 1 1 14 16   10 3 1 7 53
  Part-time       6   1     3 11
SES 1 Full-time     2 1   1     1 5
SES 2 Full-time     3           1 3
Total   15 5 126 193 5 101 38 17 101 601

Note: Judicial officers and the Chief Executive Officer, who are holders of public office, and casual employees are not included in the above tables.

Table 8.6 Ongoing staff by location and classification

Level ACT CJ NSO NSW NT QLD SA TAS VIC Total
APS 1       1           1
APS 2     2 13   6 4   15 40
APS 3 3   8 60 1 31 11 6 30 150
APS 4 2 1 14 26   13 3 2 9 70
APS 5 1   18 16 1 10 2 3 8 59
APS 6 1 1 26 4   1 4   3 40
EL 1 4   32 22   13 5 3 16 95
EL 2 1 1 14 20   11 3 2 9 61
SES 1     2 1   1     1 5
SES 2     3           1 3
Total 12 3 119 163 2 86 32 16 91 524

Table 8.7 Non-ongoing staff, by location and classification

Level ACT CJ NSO NSW NT QLD SA TAS VIC Total
APS 1                    
APS 2 1     3   8     2 14
APS 3 1   1 10 3   3   4 22
APS 4 1   3 11   4 2 1 3 25
APS 5   1   3   1       5
APS 6   1 2             3
EL 1     1 1   2 1     5
EL 2       2         1 3
SES 1                    
SES 2     3           1  
Total 3 2 7 30 3 15 6 1 10 77

Legend:
SES - Senior Executive Officer
CJ - Office of Chief Justice, Melbourne
NSO - National Support Office, Canberra

Judicial officers

At 30 June 2012, there were 30 judges, including the Chief Justice; 13 female and 17 male.

Table 8.8 Total number of judges, 30 June 2012

Location Judges
New South Wales 13
Victoria 1 Chief Justice
5
Queensland 6
South Australia 2
Tasmania 1
Australian Capital Territory 1 Deputy Chief Justice
1
Total 30

Workforce turnover

During 2011-12, 83 employees and judicial officers left the Court (28 were non-ongoing, 51 were ongoing employees and four were holders of Public Office), being an annual turnover rate of 13.1 per cent against total staff numbers at 30 June 2012.*

Table 8.9 Workforce turnover

Employment type Reason Total
Non-ongoing employees 4.43% Resignation 26
Unspecified 2
Total non-ongoing employees   28
Ongoing employees
8.07%
Invalidity 1
Inter department transfer 11
Redunancy 11
Resigned 20
Retirement age under 60 1
Retirement age over 60–65 3
Retirement age over 65 4
Total ongoing employees   51
Public office holders
0.63%
Retirement age 60–65 1
Retirement age over 65 3
Total public office holders   4
Total   83

Note: The above figures do not include non-ongoing employees whose actual period of engagement reached their non-ongoing contract date of expiry.

*Total staff numbers for the above table include all employees and public office holders (judicial officers and the Chief Executive Officer) as at 30 June 2012 (total headcount of 632).

Agreement making

Collective Agreement and Enterprise Agreement

The Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011-14 came into effect on 1 July 2011. The Agreement has a nominal expiry date of 30 June 2014, however, under present arrangements it will continue to operate after that date until replaced or formally terminated.

At 30 June 2012, 568* Family Court employees were covered by the Enterprise Agreement.

Table 8.10 Family Court employees covered by the Federal Magistrates Court of Australia and Family Court of Australia Enterprise Agreement 2011–14

Level Female Male Total
APS 1   1 1
APS 2 39 14 53
APS 3 121 51 172
APS 4 72 21 93
APS 5 50 14 64
APS 6 29 13 42
EL 1 62 29 91
EL 2 35 17 52
Total 408 160 568

*excludes casual employees.

Other agreements

While legislation no longer allows for the making of new AWAs, at 30 June 2012, 31 employees had enforceable AWAs in place. In some limited cases, the Family Court has used common law contracts and determination 24 instruments pursuant to the Australian Public Service Act 1999 to build upon existing AWA arrangements. At 30 June 2012:

Table 8.11 Employees covered by other agreements

  Australian Workplace Agreements Common law contracts Determination 24 arrangements
Level Female Male Total Female Male Total Female Male Total
APS 1                  
APS 2 1   1       1   1
APS 3             2   2
APS 4 2   2            
APS 5             1   1
APS 6 1   1       1 1 2
EL 1 3 6 9 1 4 5 8 9 17
EL 2 3 9 12 2 6 8 4 11 15
SES 1 1 3 4 2 1 3 3 2 5
SES 2 1 1 2       1 2 3
Total 12 19 31 4 11 16 21 25 46

Non-salary benefits

Non-salary benefits provided by the Court to employees include motor vehicles, car parking, superannuation, computers including home-based computer access, membership of professional associations and organisations, mobile phones and airline club memberships.

Performance pay arrangements

The Court's industrial instruments do not include provision for performance based pay to employees. No employees received performance pay during 2011-12.

Table 8.12 AWA minimum and maximum salary ranges by classification

Classification Salary Range ($)
APS 2 55 905 - 55 905
APS 3 N/A
APS 4 64 562 - 64 562
APS 5 N/A
APS 6 72 113 - 72 113
EL 1 96 273 - 117 789
EL 2 122 619 – 149 556
SES 1 165 363 - 185 000
SES 2 190 263 - 202 880

Table 8.13 Classification structure and pay rates*

APS classification and no. of staff Salary rates on 1 July 2011 1 July 2011
APS 1 – 1 employee $41 533 $42 779
$42 657 $43 937
$44 412 $45 745
APS 2 – 54 employees $45 476 $46 841
$47 956 $49 395
$50 432 $51 945
APS 3 – 172 employees $53 145 $54 740
$54 494 $56 129
$55 905 $57 583
APS 4 – 95 employees $59 568 $61 356
$61 116 $62 950
$62 681 $64 562
APS 5 – 64 employees $64 393 $66 325
$66 411 $68 404
$68 281 $70 330
APS 6 – 43 employees $69 937 $72 036
$73 657 $75 867
$79 888 $82 285
EL 1 – 100 employees $89 156 $91 831
$92 715 $95 497
$96 272 $99 161
EL 2 – 64 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

*excludes casual employees

Appendix 4: Work health and safety

Maintaining the health and safety of staff and all those who must use the Court's premises is integral to the business and values of the Court. The Court is therefore committed to:

During 2011-12, the Court continued to work to achieve this through:

The Court recognises that effective health and safety management reduces the social and financial costs of occupational injury and illness.

Specific initiatives taken by the Court during 2011-12 to ensure the health, safety and welfare of staff included the following:

The Court's work health and safety employee benefits include ergonomic assessments of workstations, ergonomic furniture, access to a free employee assistance program, annual influenza vaccinations, access to peer support officers, first aid officers and harassment contact officers.

In 2011-12, there were no notifiable incidents and there were no investigations or notices issued under Part 10 of the Act.

The Court's local occupational health and safety committees continued to meet throughout 2011-2012. None of the Court's locations reported occupational health and safety audits requiring serious investigations during the year.

Workers' compensation and early intervention management

The strong educational program on work health and safety for the Court throughout the year ensured staff were focused on safety at work. Minimal stress claims were received in 2011-12, with early intervention keeping injury rates low.

In addition, the Court continued to manage its workers compensation cases proactively throughout the year. As well as benefits to staff, this approach results in a continued low number of claims being lodged and reduced future total costs associated with all such claims.

Comcare has advised that the compensation scheme is experiencing the pressure of liabilities across all agencies growing significantly due to an increasing number of people harmed at work and high expected future cost of workers' compensation claims. As a result there has been a significant increase in premiums for 2012-13. However, the increase in premium for the Court was significantly lower (more than half a per cent lower) than average Comcare premium increases. This reflects the continued proactive management of the Court's workers' compensation cases.

Table 8.14 Comcare premium rates, 2007-08 to 2011-12

  2007-08 2008-09 2009-10 2010-11 2011-12 2012-13
Family Court of Australia 1.91% 1.35% 1.48% 1.21% 1.16% 1.21%
All Agencies combined 1.55% 1.36% 1.25% 1.20% 1.41% 1.77%
Variance 0.36 -0.01 0.23 0.01 -0.25 -0.56

Appendix 5: 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 $23,298 during 2011-12 in advertising and market research, comprising mainly payments to media advertising organisations for recruitment and tender notices.

Appendix 6: 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 Family 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 Family Court of Australia 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 8.15 lists environmental impact/usage data where available. Data for the Family Court and the Federal Magistrates Court cannot be accurately separated; therefore the data provided in Table 8.15 is total combined data for both courts unless specified. Any data relating to Commonwealth Law Courts (CLCs) has been calculated using the occupation apportionment percentage allocated to the Court, as the CLCs are shared by multiple jurisdictions.

Table 8.15 Family Court and Federal Magistrates Court environmental impact/usage data

  2009-10 2010-11 2011-12
Energy usage (stationary) 50 191 GJ (Gigajoules) 50 191 GJ Data not available until October 2012
  11 305 tonnes CO2-e* 11 363 tonnes CO2-e  
Paper usage 22 375 reams office paper 22 510 reams office paper 24 615 reams office paper
Water usage (Commonwealth Law Courts only) 25 680 kL (Kilolitres) 24 519 kL 21 943 kL
Transport      
Vehicles - energy usage 1 681 GJ (Gigajoules)** 5 646 GJ Data not available until October 2011
  113 tonnes CO2-e** 374 tonnes CO2-e  
Flights (estimated) Not available Not available 3 452 811 kms 975 tonnes C02

* There was a data adjustment made to the figure published in the 2010-11 annual report for stationary emissions. The figure quoted above is the correct figure.

** 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:

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

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.

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 during 2011-12 (CLC savings calculated as per occupation percentages apportioned to the Family Court and Federal Magistrates Court).

Information technology
Paper
Waste/cleaning
Corporate culture/communication
Property

Fitouts and refurbishments continue to be conducted in an environmentally responsible manner including by:

Travel

Portable videoconferencing facilities have been upgraded at many sites 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 other situations.

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:

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. These requirements 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 7: Grant programs

The Family Court made no grant payments during 2011–12.

Appendix 8: Committees

Table 8.16 Judicial committees, 30 June 2012

Title Chair Members Terms of reference
Chief Justice’s Policy Advisory Chief Justice Bryant
  • DCJ Faulks
  • Justice Finn
  • Justice Strickland
  • Justice Watts
  • Justice Ryan
  • Justice Cronin
  • Justice Murphy
  • CEO (Richard Foster)
  • Principal Registrar (Angela Filippello)
  • Principal Child Dispute Services (Pam Hemphill)
To support the Chief Justice in the administration of the Court and provide her with advice on strategy and policy
Aboriginal and Torres Strait Islander (joint committee) Justice Benjamin
  • FM Donald
  • Executive Advisor FCoA (Leisha Lister)
  • Stephen Ralph (Research consultant)
To examine the needs of Indigenous people in the Family Law Courts
Access to Justice (comprising the Cultural Diversity, Aboriginal and Torres Strait Islander and Self-Represented Litigants Committees) Chief Justice Bryant
  • Cultural diversity portfolio: Justice Cleary
  • Self-represented litigant portfolio: Justice Forrest
  • ATSI portfolio: Justice Benjamin
To oversee the Court’s cultural diversity plan and provide advice to the Chief Justice and CEO on cultural diversity issues, special needs of Aboriginal and Torres Strait Islander people and self-represented litigants
Benchbook Justice Ainslie-Wallace
  • Justice Fowler
  • Justice Loughnan
  • Hon Richard Chisholm (consultant)
  • nominated legal associate
  • Family Law Information Service representative
  • IT representative
To review and update the electronic benchbook which contains commentary on a range of legal topics and principles encountered in the day to day work of the judiciary and registrars and provides a comprehensive list of orders
Family Violence (joint committee) Justice Ryan
  • Justice Colllier
  • Justice Stevenson
  • FM Brown
  • FM Hughes
  • FM Altobelli
  • Principal Registrar (Angela Filippello)
  • Family consultant (Diane Lojszczyk)
  • Senior Legal Research Advisor (Kristen Murray)
To complete the implementation of the courts’ Family Violence Strategy and provide advice to the Chief Justice, Chief Federal Magistrate and CEO on family violence issues
Judicial Development (joint committee) Justice Benjamin
  • Justice Ainslie-Wallace
  • Justice Collier
  • Justice Ryan
  • Justice Murphy
  • Justice Fowler
  • Justice Austin
  • Justice Dessau (consultant)
To develop, implement and oversight judicial education in the courts
Judicial Remuneration Justice Young
  • Chief Justice Bryant
  • DCJ Faulks
  • Justice May
  • Justice Austin
  • Justice Johnston
To prepare submissions to annual and other reviews by the Remuneration Tribunal
Law Reform Justice Strickland
  • Chief Justice Bryant
  • DCJ Faulks
  • Justice Finn
  • Justice Watts
  • Principal Registrar (Angela Filippello)
To consider and comment upon proposed legislation and law reform proposals
Library (proposed joint committee) Justice Finn
  • Nominated federal magistrates
  • Manager Family Law Information Service
 
Magellan Justice Austin
  • Principal Registrar (Angela Filippello)
  • Executive Advisor to the CEO (Leisha Lister)
  • Magellan judges
To exchange information about support for Magellan, report to the Chief Justice on its operation, liaise with child welfare and police departments on the evaluation of Magellan and ensure that cases involving allegations of child sexual or serious physical abuse are dealt with as effectively and efficiently as possible
Property Management (joint committee) Justice Dawe
  • FM Donald
  • CEO (Richard Foster)
  • Executive Director Corporate (Grahame Harriott)
  • Registry manager representative
  • National Manager Contracts and Property (Akasha Atkinson)
To plan and assess the current and future needs of the courts in relation to property services including contracting, refurbishment and construction activity
Research and Ethics (joint committee) Justice Stevenson
  • Nominated federal magistrate/s
  • The Hon Susan Morgan (consultant)
  • Principal Child Dispute Services (Pam Hemphill)
  • Manager Statistical Services Unit (Dennis Beissner)
  • Legal Counsel (Neil Wareham)
To consider, monitor and overview all research and evaluation proposals (whether internal or external) for approval and disseminate research papers/results as necessary
Rules Justice Ryan
  • Justice Strickland (currently on leave of absence)
  • Justice Murphy
  • Justice Loughnan
  • Magistrate Moroni
  • John FitzGibbon (Senior Registrar)
  • Julie Kearney (Registrar)
  • Family Court Counsel (Neil Wareham)
To consider all necessary or proposed rule changes. Section 123 of the Family Law Act 1975 provides that a majority of judges may make rules of court in relation to practices and procedures to be followed in the Court

Senior management committees

Table 8.17 Senior management governance committees, 30 June 2012

Title Chair Members Terms of reference
Chief Executive Officer’s Management Advisory Group CEO Family Court and acting CEO Federal Magistrates Court
  • Acting Deputy CEO, Federal Magistrates Court (Steve Agnew)
  • Executive Director, Client Services (Stephen Andrew)
  • Regional Registry Manager, Vic/ Tas (Jane Reynolds)
  • Executive Director, Corporate (Grahame Harriott)
  • Principal, Child Dispute Services (Pam Hemphill)
  • Executive Advisor, Client Services (Simon Kelso)
  • Manager, CFM Chambers (Stewart Fenwick)
  • Executive Director, Information, Communication and Technology Services (Phil Hocking acting)
  • Support is provided by the Executive Advisor to the CEO (Leisha Lister)
To provide operational and policy advice to the CEO regarding key areas that are likely to be affected by the integration of the administrations of the Family Court and Federal Magistrates Court
Audit and Risk Chris Doogan AM (external member)
  • Executive Director Corporate (Grahame Harriott)
  • Registry manager representatives (Greg Thomas, Adelaide and Marianne Christmann, Sydney)
  • ANAO representative and the Family Court’s internal auditors (Oakton Services Pty Ltd) also attend meetings as observers
  • Oakton Services Pty Ltd provide secretariat services
Monitor and where necessary recommend improvements to:
  • risk management identification and amelioration
  • internal control processes (including fraud control)
  • the financial reporting process
  • the functioning of the internal audit unit
  • the external audit process
  • processes for monitoring compliance with legislation, regulations and government policy
  • maintain an effective working relationship with the ANAO
National Consultative CEO’s representative (Claire Golding, A/g Manager Human Resources)

Members are selected by vote and represent:

  • National Support Office, (Annie Fenn, Human Resources Officer)
  • Associates, (Emma Crutchfield, FMC Brisbane)
  • Registrars, (Debra Parker, Canberra)
  • Client Services, (Carol McPherson, Lismore and Chris Cole, Adelaide)
  • Family consultants, (Louise Salmon, Sydney)
  • A representative from the Community and Public Sector Union is also invited to attend

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

Staff Development Manager Human Resources (Claire Golding, A/g)
  • Registry manager representative, (Brenda Field, Dandenong)
  • Child Dispute Services, (Stacey McGuinness, FMC Sydney)
  • Registrars, (Debra Parker, Canberra)
  • Client services, (Rupal Patal, NEC Sydney)
  • Client services, (Haylee Hobbs, FMC Melbourne)
  • Information, Technology and Communication Services,(Sona Muradyan, Sydney)
  • HR representative, Workforce and Policy Manager (Deb McDermott, A/g)
  • Client service representative team leaders, (Julie Greig, Adelaide)
To identify and/or develop national training and development initiatives, policies and programs

Appendix 9: External involvement

The Family Court has a number of strategies for strengthening its partnerships with clients and other stakeholders within the family law system, such as legal practitioners, non-government organisations and government agencies and departments.

External stakeholders at the strategic level influence, either directly or indirectly, the direction of the family law system within Australia. They include:

Relationships with these groups are managed either by the Chief Justice, the Deputy Chief Justice, other judges on behalf of the Chief Justice, the Chief Executive Officer and/or other senior executives.

There are a number of established channels through which external stakeholders may inform the Court and affect its processes and client service delivery, including the following.

Family Law Council

The Family Law Council, established by the Attorney-General under section 115 of the Family Law Act 1975, confers with the Court in the course of its consideration of particular aspects of family law. The Court has judges appointed to the council and senior executives as observers at its meetings.

Australian Institute of Family Studies

The Australian Institute of Family Studies was established under section 114B of the Family Law Act and is a forum for exchange of information and research.

Family Law section of the Law Council of Australia

The Chief Justice and the Deputy Chief Justice meet quarterly with the Family Law Section of the Law Council of Australia. There are regular liaison meetings between the state law societies and bar associations and each of the Court's registries.

Family Law Forum

The Chief Justice chairs the national Family Law Forum, which consists of representatives from the Family Court, Federal Magistrates Court, the Family Law Council, the Family Law Section of the Law Council of Australia, National Legal Aid, the Attorney-General's Department, the Department of Families, Community Services and Indigenous Affairs, the Child Support Program, the Australian Institute of Family Studies, non-government organisations and community legal centres. The Family Law Forum did not meet in 2011-12.

Committees

In addition to the Family Law Forum, a number of external stakeholders contribute to court direction by contributing to or being members of various court committees, for example, as members of the Court's Magellan Committee, the Audit and Risk Committee and the Family Law Courts Advisory Group. For more information on court committees, see Appendix 8.

Improving the interface between the child protection and family law systems

The Commonwealth Attorney-General's Department (AGD) is involved in several projects with the states and territories to improve the interface between the child protection and family law systems.

South Australia pilot project

A pilot project in South Australia is developing and implementing initiatives to improve collaboration between the federal family law system and the South Australian child protection system.

During 2011-12, stakeholders were trialling initiatives in these key areas:

The stakeholders include judicial officers from the Family Court, the Federal Magistrates Court and the Youth Court of SA and representatives from the Family Court, AGD, the SA Attorney-General's Department, the SA Legal Services Commission and Families SA (a division of the Department of Education and Child Development).

By 30 June 2012, stakeholders had met five times since February 2011 and significant progress had been made. The pilot will continue to be monitored to identify whether these initiatives could be implemented nationally.

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 Family Court, the Federal Magistrates 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:

The meetings were successful, with significant positive feedback received from stakeholders.

Local registry consultations

During 2011-12, the family law registries engaged at the local level with law societies, family law pathways networks, court user forums and community-based organisations concerned with family support and the family law system. This consultation ensured that registries received regular feedback about users' experiences of registry services and the courts and were able to improve the service and approach to clients. It also ensures that the Court is well placed to make effective referrals to community-based services for clients who may require ongoing support.

Local pathways groups or networks are a key forum for engagement. Pathways is a family law interagency network, established in 2005 and funded by the Federal Attorney-General's Department. It aims to facilitate a more integrated family law system, particularly for community-based agencies that deal with separated families, family dispute resolution and associated issues such as family violence. In some areas members include those involved with health and child protection.

In addition to general consultations, registries continued to engage with community-based organisations and other jurisdictions about best practice approaches to support those clients who are subject to, or fear, violence from their partner, former partner or other family members.

A significant innovation in 2011-12 was the courts' user satisfaction survey, conducted at all major and medium sized registries. The survey process is consistent with one of the seven platforms for excellence in the international courts excellence framework. The results of the survey can be found in Part 2 (see Initiatives of the Family Court) The feedback from the survey has informed registries about the areas where the courts can perform more effectively and encouraged registries to keep on doing the things which court users say they do well. This data also informed registries' discussions with stakeholders.

The registries also worked with universities, offering or participating in moot courts and other opportunities and information for students; and with the legal profession at the local level, including with continuing professional development. Whilst not consultation as such, initiatives such as these are important in terms of relationship building and awareness building about the particular circumstances and needs of family law and of the people who need to use family law services. Some aspects of this work is reported below.

Following is information about specific consultative activities undertaken by the Court's registries.

Registry-specific activities

ACT/NSW

Sydney
Parramatta
Dubbo
Wollongong
Canberra
Newcastle

SA/NT

Adelaide

Throughout 2011-12, the Adelaide registry continued its collaborative involvement with stakeholder agencies. There was a strong focus on court training and developing partnerships with agencies delivering services to the Court's clients. Following is specific information about this work.

Darwin
Alice Springs

Qld

A key outcome of local consultations during 2011-12 was the greatly increased uptake of filing via the Commonwealth Courts Portal (the portal) throughout the region, evidenced by Brisbane registry being by far the busiest eFiling registry nationally (see Part 2, Table 2.2 for details).

In support of this outcome, the Regional Registry Manager and Business Systems Development Officer held information sessions on the portal in Brisbane, Coffs Harbour, Lismore, Townsville, Cairns and Mackay. They also conducted information sessions for the Caxton Legal Centre, for a recent delegation from the Bhutanese Court system, and for a meeting of non-government organisations in Brisbane. In addition, specialised training was provided to local practitioners and to other practitioners across the region via video.

Following is more specific detail, at registry level of other consultative activities for 2011-12.

Brisbane
North Queensland (including Townsville, Cairns and Rockhampton)

VIC/TAS

Melbourne
Dandenong
Tasmania

Appendix 10: Judicial activities

In addition to hearing and determining cases, the Family Court's judges actively contribute to the development of the law and legal education, both in Australia and internationally. This is achieved through attending conferences and seminars, membership of relevant bodies, presenting papers and lectures, addressing academic institutions, professional associations and community-based organisations, meeting international delegations and liaising with judicial colleagues around the world.

Many judges also serve as members of organising committees for conferences as well as working in the community with a variety of legal and non-legal organisations.

A summary of conferences and seminars attended and papers delivered by the Chief Justice and Family Court judges during 2011-12, and speaking engagements of the Chief Justice during that period, follows.

Chief Justice's activities

Table 8.18 Conferences attended and papers delivered by the Chief Justice, 2011-12

7-9 July 2011 LawAsia Symposium, Tokyo, Japan
Paper delivered: Judge Aiko Noda Memorial Lecture - Family law in the Asia-Pacific region (keynote address, 8 July 2011)
3-5 August 2011 New Zealand Family Court Conference, Wellington, New Zealand
Paper delivered: An overview of recent changes to Australian family law (4 August 2011)
28 September 2011 Religious Courts of Indonesia, Jakarta, Indonesia
Paper delivered: A better experience for clients: transforming service delivery
26-28 October 2011 4th Asia Pacific Annual Conference: The Work of the Hague Conference on Private International Law, Manila, Philippines
Paper delivered: The relevance in the region of the Child Abduction and Child Protection Conventions and the importance of international cooperation (27 October 2011; also a discussant in the panel ‘Regional experiences in the practical operation of the Child Abduction and Child Protection Conventions)
9-10 November 2011 Family Relationships Services Australia 4th National Conference, Gold Coast
Paper delivered: Closing address (10 November 2011)
2-5 May 2012 11th Biennial Conference of the International Association of Women Judges, London, United Kingdom
Paper delivered: Judicial leadership (plenary session, 2 May 2012)
6-9 June 2012 Association of Family and Conciliation Courts 49th Annual Conference, Chicago, United States
Paper delivered: Has confidentiality in family dispute resolution reached its used-by date? (co-presenter with FM Altobelli, 8 June 2012)
13-15 June 2012 International Association for Court Administration 5th Annual Conference, The Hague, Netherlands
Paper delivered: Three questions for courts governance (14 June 2012)

Table 8.19 Chief Justice's speaking engagements, 2011-12

1 September 2011 'The future of contested litigation', Melbourne University Law School guest lecture series
29 September 2011 Signing of Memorandum of Understanding between the Family Court of Australia, Federal Court of Australia and Supreme Court of the Republic of Indonesia, Jakarta
21 March 2012 'Resilience and relationships: My Experience as Chief Justice of the Family Court of Australia', address to graduating class, Cairnmillar Institute, Melbourne
1 May 2012 'An Australian perspective on the UK Family Justice Review', the 2012 International Family Law Lecture, London, United Kingdom (paper also submitted for publication)

In addition, the Chief Justice:

The Chief Justice is a Joint Director of Studies, Program Committee, World Congress on Family Law and Children's Rights Inc. The Chief Justice is a board member of the Association of Family and Conciliation Courts.

The Chief Justice is the sole patron of Australian Women Lawyers, a patron of Court Network and a patron of Gordon Care.

On 26 January 2012 the Chief Justice was made an Officer of the Order of Australia for distinguished service to the judiciary and to the law, particularly to family law policy reform and practice, through the establishment of the Federal Magistrates Court, and to the advancement of women in the legal profession.

Activities of judges

Papers presented by the judges of the Family Court during 2011-12 include:

Conferences and seminars attended by judges of the Family Court during 2011-12 include:

Judges contribute to professional legal development through their membership of professional and research-based associations. The Family Court has been consistently represented on the Family Law Council since its establishment.

During 2011-12 the Family Court's judicial representative on the Family Law Council was Justice Watts (Sydney registry).

Justice May (Brisbane) is the Deputy President and member of the Council of the Australasian Institute of Judicial Administration, as well as being the Convenor of the Project and Research Committee and a member of the Indigenous Justice Committee of that organisation. Justice May is also the Co-Chair of the Judges Forum of the International Bar Association.

Justice Strickland (Adelaide) is the Family Court's nominated director on the board of the Australian Institute of Family Law Arbitrators and Mediators.

Justice Young (Melbourne) is a member of the Governing Council of the Judicial Conference of Australia.

Justice Ainslie-Wallace (Sydney) is the Deputy Chair of the Australian Advocacy Institute and Chair, Advisory Board, College of Law Applied Family Law Masters Program.

Justice Murphy (Brisbane) is a National Advisory Council Member of the Family Law Section of the Law Council of Australia, an Advisory Board Member of the World Congress on Family Law and Children's Rights and a Council Member of the National Judicial College of Australia.

Judges are members of organisations including:

Judges are also involved in the development and conduct of the National Judicial Orientation Program, delivered through the National Judicial College, and teaching for other judicial education bodies throughout Australia. Judges regularly present to law societies and bar associations in their respective jurisdictions, as well as holding informal meetings with members of the legal profession and participating in stakeholder meetings. For example, Justice Forrest (Brisbane) is a Judge Mentor for the Bar Association of Queensland's Indigenous Law Students' Mentoring Program, Justice Ainslie-Wallace mentors law students at the University of Technology, Sydney and Justice Benjamin (Hobart) mentors a law student in Melbourne. Judges are also often asked to speak at secondary schools and lecture at law schools about particular topics (such as the rule of law) and about their work generally.

Family Court judges are also engaged in organising local, national and international conferences. During 2011-12 these included the Family Court of Australia's biennial judges' conference, the Australasian Institute for Judicial Administration's conference Doing Justice for Young People in Australia and New Zealand and preparatory work for the 6th World Congress on Family Law and Children's Rights, to be held in 2013.

Where appropriate, judges also participate in judicial development programs involving judges and lawyers from other countries. Justice Benjamin spent three weeks in Zimbabwe assisting in drafting a Zimbabwean family law bill. Justice Benjamin also assisted in the education of post graduate students at the Women's Law Centre at the University of Zimbabwe. In November 2011, Justice Benjamin was also involved in running a program in Melbourne to provide information to a number of Zimbabwean judges, members of the Zimbabwean Opposition, a professor of law and members of the legal profession. Justice Murphy from the Brisbane registry hosted Bhutanese judges and attorneys in Brisbane in January and February 2012. Justice Ainslie-Wallace was an instructor at the Monash University trial practice and advocacy course in Kuala Lumpur. Justice Bennett (Melbourne) hosted visiting Japanese judges in February 2012 and co-hosted a visit to Melbourne by a German judge who gave a presentation on interviewing children in family law cases.

Justice Bennett is the Family Court's Hague Child Abduction Convention Liaison Judge and during 2011-12 undertook judicial network communications, including mediation and mirror orders, with the following countries:

In addition, Justice Bennett met with the Japanese Parliamentary Vice-Minister in Canberra, in August 2011, to discuss issues associated with Japan's ratification of the child abduction convention and attended the sixth Special Commission meeting at The Hague in January 2012.

Several judges of the Family Court hold commissions as members of the Commonwealth Administrative Appeals Tribunal.

Appendix 11: International visitors

During 2011-12, the Court continued to be recognised internationally with official visitors from Malaysia, Zimbabwe, Bhutan, Singapore, Japan, Ireland and Germany looking at different aspects of its work.

Malaysia

November 2011: a delegation from Malaysia visited the Sydney registry. The delegation comprised the Hon Mr Liew Vui Keong, Deputy Minister of the Prime Minister's Department and Chairman of Malaysia Law Reform Committee; Mr Saripuddin Kasim, Director General, Legal Affairs Division, Prime Minister's Department; Ms Ira Biswas, Member of Malaysia Law Reform Committee and Advocate and Solicitor of the High Court of Malaya; Ms Lee Kim Keat, Federal Counsel, Malaysia Law Reform Committee Unit, Legal Affairs Division, Prime Minister's Department; Datuk Lim Ming Hoo, Special Officer to YB Datuk Liew Vui Keong, Deputy Minister, Prime Minister's Department; and Mr Kok Yuk Ken, Private Secretary to YB datuk Liew Vui Keong, Deputy Minister, Prime Minister's Department. The delegation was provided with an overview of the child responsive program and the use of court experts in cases involving children, and visited the child dispute services facilities.

Zimbabwe

November 2011: delegates from the Zimbabwe Supreme Court attended a judges' orientation course, run by the Judicial College in Melbourne. The delegation also visited the courts and was formally greeted by Chief Justice Bryant. A tour of the Melbourne registry included an overview of the courts by Justice Benjamin. Finally, the delegation visited Relationships Australia, Richmond Children's Contact Centre and met with representatives from Victoria Legal Aid. The Family Court and Federal Magistrates Court, under a grant from AusAID, have been providing the Zimbabwe Supreme Court with family law expertise and advice 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.

Bhutan

January-February 2012: Delegates from the Bhutanese Court system, including five judges (including a High Court justice) and five attorneys, visited the Brisbane registry. The visit was organised through the Queensland University of Technology's (QUT) Faculty of Law and AusAID and at the Court, the delegates were introduced to the systems operating in court and the registry. They were interested in how judicial officers run matters, their approaches in dealing with complex matters and the 'management' of self-represented litigants. Of particular interest was the role of the independent children's lawyer and family consultants in assisting the Court with child-related matters. The courts' eFiling systems were seen as an excellent opportunity for the Bhutanese courts where, due to Bhutan's landscape, judges and attorneys often spend days travelling by car to hear matters or meet with litigants.

Singapore

February 2012: District Judge Crystal Ong and Ms Sophia Ang, Director Counselling and Therapeutic Services from the Subordinate Courts of Singapore, visited the Court's Sydney registry. They spent time with the child dispute services team, observed a child dispute event, sat in court, met with judges and federal magistrates and attended a Magellan stakeholders meeting. They also met with the Legal Aid Commission and a group of independent children's lawyers.

Japan

February 2012: Justice Kiyoko Okabe from the Supreme Court of Japan met with Justice Bennett at the Melbourne registry as part of a visit organised by the Asian Law Centre through the University of Melbourne and the Australian National University (ANU). Justice Okabe met with Justice Bennett to discuss family law in Australia and Hague Convention cases. She also observed Justice Bennett in court and later met with family consultants about the role of social science in Australian family law cases. Justice Okabe, who has extensive experience as both an assistant judge and judge in Japan's family court, also gave lectures on family law in Japan, at Melbourne University and the ANU in Canberra during her visit.

Ireland

March 2012: Mr Alan Shatter TD, Minister for Justice, Equality and Defence of Ireland, visited the Sydney registry. As well as receiving a presentation on the Court's child responsive program, including child inclusive interventions, he visited the child dispute services, including mediation and child observation areas, and observed a property and children's matter.

Germany

May 2012: the Australian Attorney-General's Department offered specialised training in international family mediation for a group of experienced family dispute resolution (FDR) practitioners, including two of the Court's family consultants and the Principal Child Dispute Services. The aim of the training was to develop a core group of suitably qualified Australian-based senior accredited FDR practitioners who can mediate in high conflict cases involving international family disputes, particularly for applications under the 1980 Hague Convention on the civil aspects of international child abduction and Australia's bilateral agreements on the welfare of children. The training was provided in Australia by MIKK, a German-based organisation specialising in international family disputes. Judge Eberhardt Carl, a retired judge from Germany and his colleague, Dr Jamie Walker, provided the training. The visitors also met with the Chief Justice, judges and family consultants in Melbourne to discuss the training and the implications for practice.

Appendix 12: Contact details

Chief Justice's Chambers

Owen Dixon Commonwealth Law Courts
305 William Street
Melbourne VIC 3000
(GPO Box 9991, Melbourne VIC 3001)

Deputy Chief Justice's Chambers

Nigel Bowen Commonwealth Law Courts
Cnr University Avenue and Childers Street
Canberra ACT 2600
(GPO Box 9991, Canberra ACT 2601)

National Support Office

Chief Executive Officer
15 London Circuit
Canberra ACT 2601
(GPO Box 9991, Canberra ACT 2601)

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. The NEC is opened from 8.30am to 5.00pm Monday to Friday.

PO Box 9991, Parramatta NSW 2124
Phone: 1300 352 000
TTY/voice calls: Contact the National Relay Service on 133 677 or for Speak and Listen calls
contact 1300 555 727
International: +61 2 8892 8590
Email: enquiries@familylawcourts.gov.au
Family Law Courts website: www.familylawcourts.gov.au
Family Court website: www.familycourt.gov.au

Family Law Registries

Australian Capital Territory

Canberra

Nigel Bowen Commonwealth Law Courts
Cnr University Ave and Childers Street
Canberra ACT 2600
(GPO Box 9991, Canberra ACT 2601)

New South Wales

Albury

Level 1, 463 Kiewa Street
Albury NSW 2640
(PO Box 914, Albury NSW 2640)

Dubbo

Cnr Macquarie and Wingewarra Streets
Dubbo NSW 2830
(PO Box 1567, Dubbo NSW 2830)

Lismore

Level 2, 29-31 Molesworth Street
Lismore NSW 2480
(PO Box 9, Lismore NSW 2480)

Newcastle

61 Bolton Street
Newcastle NSW 2300
(PO Box 9991, Newcastle NSW 2300)

Parramatta

Garfield Barwick Commonwealth Law Courts
1-3 George Street
Parramatta NSW 2123
(PO Box 9991, Parramatta NSW 2123)

Sydney

Lionel Bowen Commonwealth Law Courts
97–99 Goulburn Street
Sydney NSW 2000
(GPO Box 9991, Sydney NSW 2001)

Wollongong

Level 1, 43 Burelli Street
Wollongong NSW 2500
(PO Box 825, Wollongong NSW 2500)

Northern Territory

Alice Springs

Level 1, Centrepoint Building
Hartley Street
Alice Springs NT 0870
(PO Box 9991 NT 0871)

Darwin

TCG Building
80 Mitchell Street
Darwin NT 0800
(GPO Box 9991, Darwin NT 0800)

Queensland

Brisbane

Harry Gibbs Commonwealth Law Courts
119 North Quay
Brisbane QLD 4000
(PO Box 9991, Brisbane QLD 4001)

Cairns

Commonwealth Government Centre
Level 3 and 4, 104 Grafton Street
Cairns QLD 4870
(PO Box 9991, Cairns QLD 4870)

Rockhampton

Virgil Power Building
Ground Floor
46 East Street (Cnr Fitzroy Street)
Rockhampton QLD 4700
(PO Box 9991, Rockhampton QLD 4700)

Townsville

Level 2, Commonwealth Centre
143 Walker Street
Townsville QLD 4810
(PO Box 9991, Townsville QLD 4810)

South Australia

Adelaide

Roma Mitchell Commonwealth Law Courts
3 Angas Street
Adelaide SA 5000
(GPO Box 9991, Adelaide SA 5001)

Tasmania

Hobart

Edward Braddon Commonwealth Law Courts
39-41 Davey Street
Hobart TAS 7000
(GPO Box 9991, Hobart TAS 7001)

Launceston

Level 3, ANZ Building
Cnr Brisbane and George Streets
Launceston TAS 7250
(PO Box 9991, Launceston TAS 7250)

Victoria

Dandenong

53-55 Robinson Street
Dandenong VIC 3175
(PO Box 9991, Dandenong VIC 3175)

Melbourne

Owen Dixon Commonwealth Law Courts
305 William Street
Melbourne VIC 3000
(GPO Box 9991, Melbourne VIC 3001)

Western Australia

Perth

Family Court of Western Australia
150 Terrace Road
Perth WA 6000
(GPO Box 9991, Perth WA 6848)
08 9224 8222