1. The Secretary's review 1999-2000
3. A summary of the Department's roles and the new reporting framework
4. Analysis of performance for Outcome 1
5. Analysis of performance for Outcome 2
6. Analysis of performance for Outcome 3
8. Management and accountability
9. External scrutiny and legal matters affecting the Department
A2. Occupational health and safety
A4. Payments to advertising and market research organisations
A6. Performance against actual results against outcomes and outputs
Section 1. Introduction
Section 2. Formal complaints, appeals and other legal matters
Section 3. Freedom of information
Section 4. Audit reports
Section 5. Parliamentary scrutiny
Section 6. Our Service Charter
Section 1 - Introduction
The Department and its performance are scrutinised in a variety of ways. People who are not satisfied with decisions made by the Department can appeal through several avenues such as the Ombudsman or the Administrative Appeals Tribunal. Those who have questions or complaints about the service provided by or on behalf of the Department can, under our Service Charter, raise them through the Service Charter Bureau or related call centres. In addition, Parliamentary committees or other agencies such as the Australian National Audit Office may undertake investigations into or make reports on specific issues. This Chapter reports on these different forms of scrutiny.
Section 2 - Formal complaints, appeals and other legal matters
Complaints to the Ombudsman
The Ombudsman referred 13 complaints to the Department during 1999-2000. No reports or findings were made against the Department.
Act of Grace Payments
Act of Grace Payments can be made by the Commonwealth in special cases. Approvals of payments are the responsibility of the Minister of Finance and Administration or the Minister’s delegate. Payments are usually made when someone has been unfairly disadvantaged by the Commonwealth Government but has no legal claim against it. Payments also ensure that the impact of Government activities is both consistent and equitable. In 1998-1999 the Department made one recommendation for approval of a payment to the Minister of Finance and Administration’s delegate. This recommendation was declined during 1999-2000.
Compensation for Detriment for Defective Administration Scheme
This scheme allows people adversely affected by the maladministration of a Commonwealth agency to receive compensation when they have no legal redress. The Department made no payments under this scheme in 1999-2000. One claim was received and is still under consideration.
Australian Industrial Relations Commission
In 1999-2000 one unfair dismissal action was brought against the Department in the Commission. It was decided in the Department’s favour.
Federal Court of Australia
Four appeals relating to old AUSTUDY matters were lodged with the Federal Court. (After 1 July 1998 AUSTUDY was replaced by two schemes, the Youth Allowance and Austudy for persons over the age of 25. The Department of Family and Community Services administers both of these schemes). Two cases were finalised in favour of the applicants. In one matter, the Court held that the principal home is exempt from the AUSTUDY means test. In the other matter, the Court held that students were entitled to receive AUSTUDY for an entire academic year, as long as they met the 75 per cent workload requirement over the year as a whole. The other two appeals remained outstanding as at 30 June 2000.
One unsuccessful applicant for a research grant appealed to the Federal Court, but later discontinued the appeal (see below).
Research funding
Applicants for research grants can appeal against selection procedures the Australian Research Council uses to provide recommendations to the Minister. A subcommittee of the Council, chaired by an independent person, considers these appeals. If an appeal is upheld, the selection panel or committee is required to reassess the grant application. Of the 35 appeals in the 1999 calendar year, four appeals were upheld. One applicant further appealed a decision to the Federal Court, but later discontinued the appeal.
Higher Education Contribution Scheme and Open Learning Deferred Payment Scheme-remission of debts
Under the Higher Education Funding Act 1988, the Secretary, or a delegate of the Secretary, can remit debts relating to either of these schemes for students in special circumstances. This can include circumstances such as those related to illness, work or personal reasons. If remission is not granted, the student can seek a review and subsequently can appeal the matter to the Administrative Appeals Tribunal. The Secretary, or delegate, can reconsider an application to take into account any new information provided to the Tribunal.
During 1999-2000, 3 388 applications for remission of debts relating to either scheme were received. However, the following list includes cases remaining from 1998-1999:
- 63 were not considered because the applicant had paid up front;
- 233 were received outside the required time and were not considered further;
- 111 were not considered because the applicant had not yet incurred the debt;
- 1 688 were successful and the debts were remitted;
- 1 126 were unsuccessful;
- 210 were resolved by negotiations with institutions; and
- 360 are under consideration.
During 1999-2000, 357 applications for review of primary remission decisions were received. However, the following list includes cases remaining from 1998-1999:
- 3 were not considered because the applicant had paid up-front;
- 12 were received outside the required time and were not considered further;
- 196 were successful and the debts were remitted;
- 145 were unsuccessful;
- 29 were resolved by negotiations with institutions; and
- 21 are under consideration.
During 1999-2000, 20 applications were made to the Administrative Appeals Tribunal for reviews of decisions. Six cases were finalised. Of the finalised cases:
- 2 proceeded to a full hearing of the Administrative Appeals Tribunal. Neither applicant’s case was successful;
- 1 applicant withdrew her appeal; and
- 3 matters were reconsidered by the Secretary’s delegate and decided in the applicants’ favour.
As at 30 June 2000, 14 cases remained under consideration at the Administrative Appeals Tribunal.
During 1999-2000, 13 applications for reconsideration of review decisions made by the Secretary, or delegate, were received. However the following list includes cases remaining from 1998-1999:
- 5 cases were considered in favour of the applicants and were remitted;
- 6 cases were not remitted; and
- 3 were under consideration as at 30 June 2000.
ABSTUDY
During 1999-2000 the Social Security Appeals Tribunal made 23 decisions relating to ABSTUDY. Of these decisions:
- 5 were decided in favour of the applicant;
- 3 were decided in favour of the Department;
- 3 were dismissed;
- 3 were withdrawn; and
- 9 were cases where the Tribunal decided that it had no jurisdiction.
Assistance for Isolated Children
During 1999-2000, the Social Security Appeals Tribunal made four decisions relating to the Assistance for Isolated Children Scheme. Of these decisions:
- 1 was decided in favour of the Department; and
- 3 were cases where the Tribunal considered that it had no jurisdiction.
The Social Security Appeals Tribunal’s decision in favour of the Department has been appealed by the applicant to the Administrative Appeals Tribunal. It was still under consideration by the Administrative Appeals Tribunal as at 30 June 2000.
Education Services for Overseas Students
The Secretary, or a delegate of the Secretary, can suspend providers from the Commonwealth Register of Institutions and Courses for Overseas Students. Suspension can take place if a provider fails to comply with a requirement of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 that justifies suspension. Providers may appeal suspension decisions to the Administrative Appeals Tribunal.
During 1999-2000, one application was made to the Administrative Appeals Tribunal for review of a suspension decision. This application was still under consideration at the Tribunal as at 30 June 2000.
Social Security Appeals Tribunal - AUSTUDY
The Social Security Appeals Tribunal is an independent body established to review decisions under the Social Security Act 1991 and the Student Assistance Act 1973. This includes decisions relating to AUSTUDY and the financial supplement for tertiary students.
The AUSTUDY scheme was abolished on 30 June 1998 and was replaced by two schemes - the Youth Allowance and Austudy for those over 25. Both of these new schemes are administered by the Department of Family and Community Services. However, the Department retains programme and policy responsibility for AUSTUDY matters before 1 July 1998.
In 1999-2000 the Social Security Appeals Tribunal made 402 decisions relating to AUSTUDY. Of these decisions:
- 99 were decided in favour of the applicant;
- 10 were varied;
- 178 were decided in favour of the Department;
- 12 were dismissed;
- 23 were withdrawn; and
- 80 were cases where the Tribunal decided that it had no jurisdiction.
Administrative Appeals Tribunal - AUSTUDY
In 1999-2000, 38 appeals against decisions made by the Social Security Appeals Tribunal relating to AUSTUDY entitlements from before 1 July 1998 were submitted to the Administrative Appeals Tribunal. The Department initiated four appeals whilst individual applicants initiated 34 appeals. 77 outstanding cases were finalised by the Administrative Appeals Tribunal of which:
- 34 decisions were in the Department’s favour;
- 11 decisions were in favour of individual applicants;
- 10 decisions were mixed; and
- 22 appeals were dismissed or withdrawn.
Administrative Decisions (Judicial Review) Act 1977
One applicant for a research grant appealed to the Federal Court regarding a decision not to provide a grant, but later discontinued the appeal. One request for a statement of reasons under section 13 of the Act was made of the Australian Research Council, but was declined as the application was not made within the time limits specified in the Act.
Human Rights and Equal Opportunity Commission
During 1999-2000 the Department handled five complaints relating to human rights and equal opportunity issues. In two of these matters the Department had been incorrectly named as respondent and the matters were referred to other Government agencies. In another two matters relating to complaints made to the Commission in 1998, the Commission declined to investigate the allegations made. The remaining matter was settled.
The Privacy Commissioner did not refer any complaints to the Department during 1999-2000. The privacy rights of individual clients are safeguarded in contracts entered into with service providers (for example, Jobs Pathway Providers and New Apprenticeships Centres). These contracts specifically prohibit providers from breaching the information privacy principles contained in section 14 of the Privacy Act 1988.
During 1999-2000 the Privacy Commissioner undertook an information privacy principles audit of the Integrated Employment System. This included an examination of the collection and flow of personal information by and between the Department of Employment, Workplace Relations and Small Business, the Department of Education, Training and Youth Affairs and Centrelink. The Privacy Commissioner has held an opening conference and a series of meetings with representatives of these organizations. The Department of Employment, Workplace Relations and Small Business has primary responsibility for the Integrated Employment System.
The Privacy Commissioner made no reports to the Minister in accordance with section 30 and no determinations under section 52 of the Act.
Section3 - Freedom of information
In 1999-2000 the Department handled 25 freedom of information requests. Of these, 14 were granted in full or in part, two were referred to another department or agency, three of the requests were refused, four were withdrawn and two were outstanding at 30 June 2000.
Further data and information on the Department’s freedom of information processes, including contact details for enquiries, are available in Appendix 3.
Section 4 - Audit Reports
In 1999-2000 the Australian National Audit Office tabled three reports in Parliament which made recommendations that directly referred to the Department’s operations. The reports were:
- Audit Report No. 4 1999-2000, Fraud Control Arrangements in Employment, Education, Training and Youth Affairs;
- Audit Report No. 48 1999-2000, Follow-up audit of Department of Education, Training and Youth Affairs (DETYA) International Services - Department of Education, Training and Youth Affairs; and
- Audit Report No. 51 1999-2000, Programme Management in the Training and Youth Division of the Department of Education, Training and Youth Affairs.
In addition, the Australian National Audit Office tabled ten reports in Parliament which made service-wide recommendations relevant to the Department’s operations. Those reports were:
- Audit Report No. 2 1999-2000, Use of Financial Information in Management Reports;
- Audit Report No. 7 1999-2000, Operation of the Classification System for Protecting Sensitive Information;
- Audit Report No. 10 1999-2000, Control Structures as Part of the Audits of Financial Statements of Major Commonwealth Agencies for the Period Ended 30 June 1999 - Summary of Results;
- Audit Report No. 12 1999-2000, Management of Contracted Business Support Processes;
- Audit Report No. 18 1999-2000, Electronic Service Delivery, including Internet Use, by Commonwealth Government Agencies;
- Audit Report No. 25 1999-2000, Commonwealth Electricity Procurement, Australian Greenhouse Office, Commonwealth Scientific and Industrial Research Organisation, Department of Defence, Department of Finance and Administration;
- Audit Report No. 32 1999-2000, Management of Commonwealth Non-primary Industry Levies;
- Audit Report No. 39 1999-2000, Coordination of Export Development and Promotion Activities Across Commonwealth Agencies;
- Audit Report No. 47 1999-2000, Survey of Fraud Control Arrangements in APS Agencies; and
- Audit Report No. 49 1999-2000, Indigenous Land Corporation - operations and performance.
Details of these reports can be found on the Australian National Audit
Office web site at http://www.anao.gov.au/
Section 5 - Parliamentary scrutiny
Joint Committee of Public Accounts and Audit Reports
In 1999-2000 the Joint Committee of Public Accounts and Audit tabled one report in Parliament which made one recommendation that directly referred to the Department’s operations. The report, which recommended that an analysis be undertaken of the cost effectiveness of the Green Corps programme, was:
- Report 373- Review of Auditor-General's Reports 1998-99, Second Half.
In 1999-2000 the Joint Committee of Public Accounts and Audit tabled one report in Parliament which made service-wide recommendations relevant to the Department’s operations. The report was:
- Report 376- Review of Auditor-General's Reports 1999-00, First Quarter.
In addition, in 1999-2000 the Department has made submissions to the Joint Committee of Public Accounts and Audit inquiry into Contract Management in the Australian Public Service.
Details of these reports can be found on the Australian National Audit
Office web site at http://www.aph.gov.au/house/committe/jpaa.
Section 6 - Our Service Charter
The Department’s Service Charter was launched on 26 July 1999. It outlines the quality of client service that everyone who seeks information or assistance from the Department can expect. The Service Charter describes how staff will relate to clients, the type of information they will provide and the performance standards against which client servicing can be monitored. Our Service Charter can be found on the Internet at http://www.detya.gov.au/charter/charter.htm
A Service Charter Bureau call centre was established at the time the Service Charter was launched. Its role is to handle client feedback, including complaints. It also provides general assistance to the public when seeking information from the Department.
During 1999-2000 the Department also operated a range of call centres associated with particular programme areas. These call centres provide programme information to the public, refer potential clients to providers and handle feedback from clients on the quality of programme delivery. They are also subject to the servicing commitments and service standards outlined in our Service Charter.
In keeping with a public commitment to review the Service Charter annually, the Department is reviewing its Service Charter as well as its performance against servicing commitments and service standards identified in the Charter. The Review is expected to be finalised in late 2000.
Call centre service lines - 1999-2000
As at 30 June 2000, the Department provided information through four main call centres. These were the:
- Service Information Centre (covers the New Apprenticeships’ Referral Line, Service Charter Bureau and Education Textbook Subsidy Line);
- Higher Education Contribution Scheme Hotline;
- National Office for Overseas Skills Recognition Hotline; and the
- Job Placement Education Training Hotline.
There were also a number of small in-house lines that provided limited specialist services to the public, including the:
- publication line operated by the library;
- New Apprenticeships Client Support Line; and
- the Roundtable Hotline.
Between November 1999 and June 2000 there were, on average, around 10 800 enquiries per month. Of these the:
- New Apprenticeships’ Referral Line handled around 55 per cent of calls;
- Higher Education Contribution Scheme Hotline handled around 19 per cent of calls;
- National Office for Overseas Skills Recognition Hotline handled around 16 per cent of calls;
- Job Placement Education Training Hotline handled around five per cent of calls;
- Service Charter Line handled around four per cent of calls; and
- more recently introduced Education Textbook Subsidy Line handled around one per cent of calls.
The quality of client service delivery
More detailed performance analysis awaits the final report of the Service Charter Review. However, initial indications are that there was strong support among clients and providers for the view that Departmental staff providing information and other forms of assistance delivered a quality service. In addition, the call centres responded promptly to telephone enquiries from clients and the general public. For example, of the approximately 55 300 enquiries received between November 1999 and June 2000, the Department’s Service Information Centre answered most calls within five seconds and all calls within 15 seconds.
The Service Charter Bureau received only 22 complaints. Most were not about Department client servicing, but complaints about programme policy issues. All complaints were resolved within one working day.
The New Apprenticeships Client Support Line received 33 complaints up until 30 June 2000. State Office Contract Managers and, in some cases, relevant apprenticeship employment authorities promptly resolved these issues with the complainants. The New Apprenticeships Client Support Line received no complaints about Department service delivery.