Where funding for the A-G’s Department is going
The second federal budget for 2022 has detailed additional resourcing for various justice initiatives, as well as cuts in certain legal expenses.
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In the first budget for the Albanese government — the first for Labor in almost a decade — Treasurer Jim Chalmers (pictured) said that the budget “begins the difficult task of repairing the budget and ensures fiscal policy does not add to inflationary pressure”.
“As a first step, the budget makes significant savings from redirecting spending to priorities, unwinding wasteful spending to support budget repair, better aligning infrastructure investment with market capacity, and improving the fairness and integrity of the tax system,” he declared.
To this end, the Albanese government said that it had identified $28.5 billion in budget improvements over the four years to 2025–26, including $3.6 billion in savings from external labour, advertising, travel and legal expenses.
Efficiencies in A-G’s Department
The budget papers note that the government is set to redirect savings of $15.3 million to fund other initiatives across the Attorney-General’s portfolio.
The savings that were identified include: $8.9 million over two years from 2022–23 from the deferred establishment of the National Coronial Centre, pending the outcomes of the Royal Commission into Defence and Veteran Suicide, and $6.4 million over four years from 2022–23 (and $1.8 million per year ongoing) from the abolition of the Native Title Respondent Scheme.
These savings, the budget argued, “will offset the government’s election commitments and realign expenditure to support government priorities”.
Moreover, the government will redirect $50 million over two years from the reversal of Round 7 of the Safer Communities program, which was funded but not announced in the 2022–23 March budget.
“This funding will offset the government’s election commitments and will also be redirected to fund other initiatives across the Attorney-General’s portfolio to realign expenditure to support other government priorities,” the papers said.
“This measure was identified as part of the spending audit, which has focused on the quality of spending, uncommitted funding, duplicative measures and reprioritising existing funding towards higher priority initiatives and budget repair.”
Additional resourcing for A-G’s portfolio
The Albanese government has pledged almost $60 million over four years for various offices and institutions falling under the A-G’s Department, including $31.8 million for the Australian Human Rights Commission, $22.7 million for the Office of the Director of Public Prosecutions (to help it digitally manage evidence), and $5.5 million for the Office of the Australian Information Commissioner to investigate and respond to the Optus data breach.
The government will also establish a taskforce within the Attorney-General’s Department to scope options to establish a federal judicial commission, the budget papers said, with costs to be met from within the existing resourcing of that department.
Funding for royal commissions
The Royal Commission into the Robodebt Scheme is set to be provided with $30 million, while an additional $15.5 million will be allotted in 2023–24 for the extension of the Royal Commission into Defence and Veteran Suicide.
For the latter inquiry, the budget papers noted, the government will also continue to support eligible witnesses to participate in the royal commission through extending legal advisory services and financial assistance arrangements. Commonwealth representation before the royal commission will also be funded, the budget noted, with costs to be met from within the existing resourcing of the A-G’s Department.
Anti-Corruption Commission and related offices
As reported last month, Prime Minister Anthony Albanese and Attorney-General Mark Dreyfus KC are committing $262 million over four years for the establishment and ongoing operation of the National Anti-Corruption Commission.
Related to the establishment of this commission are the following funding promises:
- $27.5 million for the Australian Commission for Law Enforcement Integrity (ACLEI) (which will be subsumed by the National Anti-Corruption Commission) to develop a secure and independent ICT environment, build new facilities and increase staff numbers and levels of security clearance in preparation for transition to the commission;
- $7.6 million over four years from 2022–23 (and $0.7 million per year ongoing) to assist with the establishment of the commission and transition from ACLEI;
- $1.9 million over three years from 2023–24 (and $0.6 million per year ongoing) for an Inspector of the Commission and support staff, to deal with corruption issues relating to the commission and complaints about the commission;
- $1.6 million over two years from 2024–25 (and $1 million per year ongoing) for the Office of the Director of Public Prosecutions to handle an increased volume of complex briefs of evidence that will flow from commission investigations;
- $600,000 over three years from 2023–24 (and $200,000 per year ongoing) for the Office of the Commonwealth Ombudsman to undertake mandatory inspections of the commission’s use of certain covert powers; and
- $500,000 over three years from 2023–24 (and $200,000 per year ongoing) for the Office of the Inspector-General of Intelligence and Security to receive and consider referrals of corruption issues relating to intelligence agencies.
$12 million over four years will be provided to community legal centres in NSW and Queensland, for the purposes of aiding fire and flood-affected Australians in accessing timely legal assistance.
First Nations justice
The Albanese government has promised $99 million over four years from 2022–23 to support improved justice outcomes for First Nations peoples, including:
- $81.5 million for justice reinvestment initiatives to be delivered in partnership with Aboriginal and Torres Strait Islander communities;
- $13.5 million over three years from 2022–23 for Aboriginal and Torres Strait Islander Legal Services to ensure First Nations families can access culturally appropriate and timely legal assistance before, during and after coronial processes;
- $3 million over three years from 2022–23 for the National Family Violence Prevention Legal Services Forum to deliver legal and non-legal support to First Nations communities; and
- $1 million over three years from 2022–23 for the representative peak body for Aboriginal and Torres Strait Islander Legal Services, the National Aboriginal and Torres Strait Islander Legal Services, to support its contribution to law reform and policy development to address inequalities in the legal system.
Respect@Work
Elsewhere, the budget provides $42.5 million over four years to implement its response to recommendations of the Respect@Work report, including:
- $32 million over four years to fund Working Women’s Centres in all states and territories to provide advice, information and advocacy to workers on gender-based workplace issues, including sexual harassment;
- $5.8 million over four years to support education and compliance activities associated with introducing a positive duty on employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation as far as possible;
- $2.6 million over three years to hear and confidentially document the experiences of victims of historical workplace sexual harassment; and
- $2.1 million over four years from this year, and $0.4 million per year ongoing, to establish a one-stop shop for workplace sexual harassment information, including about victims’ rights, complaint options, support service referrals and employer responsibilities.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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