ANNUAL REPORT 2015–2016 © High Court of Australia 2016
ISSN 0728–4152 (print)
ISSN 1838–2274 (on-line)
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Designed by Spectrum Graphics sg.com.au High Court of Australia Canberra ACT 2600
25 October 2016
Dear Attorney
In accordance with section 47 of the High Court of Australia Act 1979 (Cth), I submit on behalf of the High Court and with its approval a report relating to the administration of the affairs of the Court under section 17 of the Act for the year ended 30 June 2016, together with financial statements in respect of the year in the form approved by the Minister for Finance.
Section 47(3) of the Act requires you to cause a copy of this report to be laid before each House of Parliament within 15 sitting days of that House after its receipt by you.
Yours sincerely
Andrew Phelan Chief Executive and Principal Registrar of the High Court of Australia
Senator the Honourable George Brandis QC Attorney-General Parliament House Canberra ACT 2600
TABLE OF CONTENTS
PART 1 – PREAMBLE 5 PART 6 – ADMINISTRATION 31
PART 2 – INTRODUCTION 7 Overview 31 Chief Executive and Principal Registrar 31 Chief Justice Robert French AC 8 Officers and Employees 33 Justice Susan Kiefel AC 8 External Scrutiny 33 Justice Virginia Bell AC 9 Registry 33 Justice Stephen Gageler 9 Judicial Workload 35 Justice Patrick Keane AC 10 Rules of Court 38 Justice Geoffrey Nettle 10 Library 40 Justice Michelle Gordon 11 Corporate Services 42
PART 3 – CHIEF JUSTICE’S OVERVIEW 13 Human Resource Management 43 Information Technology 45 PART 4 – THE YEAR IN REVIEW 19 Building Operations 45 Public Information and visitor programs 47 Changes in Court Processes 19 Visitor numbers 48 Judicial Workload 19 Links and visits 48 Applications for Special Leave 19 PART 7 – FINANCIAL STATEMENTS 51 Constitutional Writs 21 Independent Auditor’s Report 52 Court Funding 22 Financial Statements 54 Administrative Activities 22 Public Information 22 PART 8 – ANNEXURES 95 International 23 ANNEXURE A: PART 5 – BACKGROUND INFORMATION 25 Freedom of Information 95 FOI Procedures and initial contact points 97 Establishment 25 Facilities for Access 97 Functions and Powers 25 Offices around Australia 98 Sittings of the Court 25 Seat of the Court 26 ANNEXURE B: Staffing Overview 100 Appointment of Justices of the Court 26 Composition of the Court 27 Chief Justices and Justices of the Court 27 1Preamble Fax: Telephone: Kingston ACT2604 PO Box6309 High CourtofAustralia report maybedirected to: this Enquiries orcommentsconcerning CONTACT OFFICER High CourtofAustraliaAct1979 This isthe37threport prepared asrequired bythe Email:
PART 1|PREAMBLE [email protected] (02) 62706868 (02) 62706819 (Cth). downloaded from thesitefree-of-charge.
5 ANNUAL REPORT 2015–16 PART 1 | PREAMBLE 2Introduction
Chief Justice Robert French AC 8 Justice Patrick Keane AC 10
Justice Susan Kiefel AC 8 Justice Geoffrey Nettle 10
Justice Virginia Bell AC 9 Justice Michelle Gordon 11
Justice Stephen Gageler 9 granted leaveorspecial to appeal. an appealisheard theCourtmusthave heard byfiveorsevenJustices.Before by allsevenJustices.Appealsare usually Ordinarily, constitutionalcasesare heard There are sevenJusticesoftheCourt. when there issufficientbusinesstodoso. Court alsositsintheothercapitalcities most hearingstakeplace.However, the The seatoftheCourtisinCanberra,where • • • The functionsoftheHighCourtare to: and insuchothercourtsasitinvestswithfederaljurisdiction.’ Australia, andinsuchotherfederalcourtsastheParliamentcreates, be vestedinafederalSupreme Court,tobecalledtheHighCourtof which provides that‘ThejudicialpoweroftheCommonwealthshall system. IthasitsoriginsintheAustralianConstitution,section71of The HighCourtofAustraliaisthehighestcourtinAustralianjudicial
federal, stateandterritorycourts. hear appeals,byspecialleave,from constitutional validityoflaws;and significance, includingchallengestothe decide casesofspecialfederal interpret andapplythelaw ofAustralia; PART 2|INTRODUCTION High Courtwere: At 30June2016,thesevenJustices ofthe video-link from Canberra. the capitalcityinwhichtheyreside, orby are heard byasingleJustice,usuallyin capital cities.Interlocutoryapplications including sometimesbyvideo-linkbetween heard inCanberra,SydneyorMelbourne, before twoorthree Justicesandare usually oral hearing.Suchhearingstakeplace court, itissolistedandproceeds toan that theapplicationshouldbeheard in sitting inopencourt.Ifthepanelconsiders published bythemembersofpanel, oral argument,orders tothat effect are should begrantedorrefused without two. Ifthepaneldecidesthatspecialleave examined byapanelofJustices,usually Special leaveapplicationsare first
7 ANNUAL REPORT 2015–16 PART 2 | INTRODUCTION 8 ANNUAL REPORT 2015–16 PART 2 | INTRODUCTION Order ofAustraliain2010. a CompanionintheGeneralDivision ofthe Law. ChiefJusticeFrench wasappointed Australian AssociationofConstitutional January 2005hewaspresident ofthe Reform Commission.From 2001until part-time memberoftheAustralianLaw the AustralianCompetitionTribunal anda Fiji. HewasalsoaDeputyPresident of and amemberoftheSupreme Courtof Court oftheAustralianCapitalTerritory was anadditionalmemberoftheSupreme Tribunal. Atthetimeofhisappointmenthe was President oftheNational NativeTitle Western AustralianBar. From 1994–98he Australia until1983whenhewenttothe as abarristerandsolicitorinWestern He wasadmittedin1972andpractised of WesternAustraliainscienceandlaw. 1986. Hegraduatedfrom the University appointed tothatofficeinNovember Federal CourtofAustralia,havingbeen appointment hewasajudgeofthe in September2008.Atthetimeofhis Chief JusticeoftheHighCourtAustralia Robert ShentonFrench was appointed CHIEF JUSTICEROBERT FRENCH AC in 2011. General DivisionoftheOrder ofAustralia Kiefel wasappointedaCompanioninthe degree from CambridgeUniversity. Justice 2003 to2007.ShehasaMastersofLaws Australian LawReformCommissionfrom served asapart-timeCommissionerofthe Queen’s Counsel,in1987.JusticeKiefel first womaninQueenslandtobeappointed the QueenslandBarin1975andwas the FederalCourt.Shewasadmittedto of Queenslandin1993–94before joining served asajudgeoftheSupreme Court Supreme CourtofNorfolk Island. She the FederalCourtofAustraliaand of herappointmentshewasajudge Court inSeptember2007.Atthetime Susan MaryKiefelwasappointedtothe JUSTICE SUSANKIEFEL AC Australia in2012. in theGeneralDivisionofOrder of Justice BellwasappointedaCompanion Judicial Administrationfrom 2006to2008. as president oftheAustralasianInstitute South Wales inMarch 1999.Sheserved a judgeoftheSupreme CourtofNew Police Service.JusticeBellwasappointed Commission intotheNewSouthWales she wasacounselassistingtheRoyal to theprivateBar. Between1994and1997 between 1986and1989before returning Justice Bellpractisedasapublicdefender was appointedaSeniorCounselin1997. to theNewSouthWales Barin1984and LegalCentre,Redfern shewasadmitted After sevenyearsasasolicitorwiththe Sydney asaBachelorofLawsin1977. She graduatedfrom theUniversity of the NewSouthWales CourtofAppeal. of herappointmentshewasajudge the CourtinFebruary2009.Attime MargaretVirginia Bellwasappointedto BELL AC JUSTICE VIRGINIA commercial law. in constitutionallaw, administrativelawand extensively throughout Australia principally General in2008,hepractisedasabarrister Before hisappointmentas Solicitor- was appointedSeniorCounselin2000. Court ofNewSouthWales in1989and was admittedasabarristeroftheSupreme qualifications from Harvard University. He National Universityandhaspost-graduate Australia. HeisagraduateoftheAustralian his appointmenthewasSolicitor-General of the CourtinOctober2012.Attimeof Stephen JohnGagelerwasappointedto JUSTICE STEPHENGAGELER
9 ANNUAL REPORT 2015–16 PART 2 | INTRODUCTION 10 ANNUAL REPORT 2015–16 PART 2 | INTRODUCTION Order ofAustraliain2015. Companion intheGeneralDivisionof to 2005.JusticeKeanewasappointeda Solicitor-General forQueenslandfrom 1992 was appointedQueen’s Counsel.Hewas the QueenslandBarin1977and1988 and Oxford University. Hewasadmittedto graduate oftheUniversityQueensland before joiningtheFederalCourt. Heisa Court ofQueenslandfrom 2005–2010 a judgeoftheCourtAppeal,Supreme Federal CourtofAustralia.Heservedas appointment hewasChiefJusticeofthe the CourtinMarch 2013.At thetimeofhis Patrick AnthonyKeanewasappointedto JUSTICE PATRICK KEANE AC taxation andconstitutionalmatters. courts principallyincommercial, equity, 1992. Hepractisedinstateandfederal He wasappointedaQueen’s Counselin Barin1982. 1977 andjoinedtheVictorian of Oxford. Hewasadmitted topractisein Bachelor ofCivilLawfrom theUniversity from andasa theUniversityofMelbourne the AustralianNationalUniversity, inlaw 2002. Hegraduatedineconomicsfrom to whichhehadbeenappointedinJuly Division oftheSupreme Court ofVictoria, Before thatheservedasa judgeoftheTrial which hewasappointedinJune2004. CourtofAppeal,to judge oftheVictorian At thetimeofhisappointment,hewasa appointed totheCourtinFebruary2015. Geoffrey ArthurAkeroyd Nettlewas JUSTICE GEOFFREYNETTLE Melbourne LawSchoolinJuly2015. Melbourne was appointedaProfessorial Fellowofthe taxation andgeneralcivilmatters.She courts principallyincommercial, equity, 2003. Shepractisedinstateandfederal She wasappointedSeniorCounselin Barin1992. and joinedtheVictorian to practiseinWesternAustralia1987 Western Australia.Shewasadmitted graduated inlawfrom the University of she wasappointedinApril2007.She the FederalCourtofAustralia,towhich of herappointment,shewasajudge to theCourtinJune2015.Attime Michelle MarjorieGordon was appointed JUSTICE MICHELLEGORDON
11 ANNUAL REPORT 2015–16 PART 2 | INTRODUCTION 3CHIEF JUSTICE’S OVERVIEW Court, eachofwhichconsists twoor is sitting.There are also committeesofthe Registrar ineachmonthwhich theCourt with theChiefExecutiveandPrincipal The JusticeshaveaBusinessMeeting Phelan, andbyseniorstaff oftheCourt. and PrincipalRegistrar, MrAndrew task they are assisted by the Chief Executive Australia Act1979(Cth).Incarryingoutthat Court pursuanttos17oftheHigh 70. TheJusticesadministertheaffairs ofthe Justices, eachappointeduntiltheageof The HighCourttodayconsistsofseven jurisdiction andfortheSupreme CourtofanyState. court ofappealforallotherFederalcourtsorexercising federal any lawsmadebytheParliament.TheHighCourtisalsofinal Constitution orinvolvingitsinterpretation, orinanymatterarisingunder Constitution —includingjurisdictioninanymatterarisingunderthe conferred bylawsmadetheParliamentunders76of matters definedbys75oftheConstitutionandoriginaljurisdiction with federaljurisdiction.TheHighCourthasoriginaljurisdictionin courts astheParliamentcreates, andinsuchothercourtsasitvests Commonwealth intheHighCourtofAustralia,suchotherfederal Section 71oftheConstitutionvestsjudicialpower PART 3|CHIEFJUSTICE’S OVERVIEW the production oftheAnnualReport. Information, LibraryServices,Artworksand Information Technology, Rules,Public staff. TheCommitteesrelate toFinance, more Justices,assistedbyrelevant Court during thereporting yearwere completed per centofappealsdecidedby theCourt leave orspecialtoappeal and93 Ninety-five percentoftheapplications for constitutional writsand16other cases. 7 casesinvolvinganapplicationfor Special LeaveApplications,45appeals, In 2015–2016,theCourtdecided455
13 ANNUAL REPORT 2015–16 PART 3 | CHIEF JUSTICE’S OVERVIEW 14 ANNUAL REPORT 2015–16 PART 3 | CHIEF JUSTICE’S OVERVIEW require considerationof thejudgment either generallyorintheparticular case, interests oftheadministrationjustice, Court mayalsohaveregard towhetherthe one courtastothestateof law. The between different courts,orwithinthe is aneedtoresolve differences ofopinion importance orinrespect ofwhichthere involve aquestionoflawthatispublic has regard towhethertheproceedings a decisionofanothercourt,theCourt to grantspecialleaveappealfrom However, indeterminingwhetherornot which commenceinitsoriginaljurisdiction. The Courtdoesnotchoosethecases of susceptibilitytobreast cancer. gene sequencesrelevant to thedetection an importantcaseonthepatentabilityof law andintellectualproperty lawincluding cases involvingtaxation,contract,criminal on indictment.TheCourthasalsoheard offences againstCommonwealth lawtried requirement fortrialbyjuryinrelation to about thescopeofconstitutional relating toSenateelections, andacase changes toCommonwealthelectorallaws involving asylumseekersonNauru,of of offshore processing arrangements Territory,detention lawsintheNorthern restricting politicaldonations, ofarrest and the constitutionalvalidityofStatelaws its jurisdiction.Theyincludedcasesabout variety ofsubjectmattersencompassedby constitutional courtofAustraliaandthe functions asthefinalappellateand the reporting periodreflect theCourt’s Cases decidedbytheCourtduring within 3monthsofhearing. six percentofthecaseswere decided months ofthehearingargument.Sixty- in 2015–2016were decidedwithin6 criminal appealsdecidedbytheFullCourt within ninemonthsoffiling.Allciviland Act s 36(1)oftheHighCourtAustralia approved under bytheAttorney-General was withintheestimateofexpenditure allowances was$0.388million.This after takingoutunfundeddepreciation $22.509 million.Theunderlyingdeficit of $5.890millionamountedtoatotal including unfundeddepreciation charges $16.231 million.Operatingexpenses source, parliamentaryappropriation, was the HighCourtincludingfrom itsprincipal In the2015–2016year, incomereceived by leave likely toreduce byanotheroneoverthe have decreased from 87 to73andare expressed intermsoffulltimeequivalents, Since 2008theCourt’s staff numbers, costs significantly. scope toreduce theCourt’s administrative continues tobethatthere isnomaterial and structures since2008.Theposition its Registryandadministrativeprocesses has undertakencomprehensive reviews of as RegistryandLibrarystaffing.TheCourt elements oftheCourt’s operationssuch the building.Efficiencydividendsaffect core statutory chargesforelectricitytooperate administrative costsare fixed, forexample, related expenditure. ManyoftheCourt’s cost increases particularly in building- have notkeptpacewithunavoidable Historically itsappropriated revenues requirements andlargefixedcosts. operates nationallywithextendedlogistical staff and29are casualstaff. TheCourt are full-timeandpart-time non-ongoing full-time andpart-timeongoingstaff, 34 comprises 98persons.Thirty-fiveare Its totalstaff, (notincluding Justices) The HighCourthasasmalladministration. to whichtheapplicationforspecial
1979.
applies. appropriation funding. the Courtabsorbedwithoutadditional included additionalsecuritycosts that expenditure. Abouthalfofthisamount cent ofsupplier(thatisnotnon-salary) with theCanberrabuildingwere 17per 2015/2016 thesecuritycostsassociated installation ofnewsecuritybollards. In of asecuritymanagementplanandthe emergency response plan,thepreparation with areview andupdatingoftheCourt’s measures havebeenkeptunderreview areas andontheforecourt. Security balustrades andhandrailsinthepublic steps includeincreasing theheightsof sitting andnon-sittingperiods.Those children whocometothe Court during for itsmanyvisitors,includingschool safety measures intheCanberra building The Courthastakenstepstoenhance registries andchambers. which servesitsCanberraandinterstate increased thebandwidthfor theintranet three Canberracourtrooms andhasalso visual andrecording technologyinthe completed significantupgradesinaudio- During thereporting yearthe Courthas chambers infourStates. andstaffsin SydneyandMelbourne also maintainspublicregistry counters from around Australiaeachyear. TheCourt which receives tensofthousands ofvisitors but alsomanagealargepublicbuilding necessary fortheoperationofCourt the administrativeandregistry services that theCourtstaff notonlyprovide Services staff.inmind Itshouldbeborne areas ofRegistry, LibraryandCorporate about 20percenthastakenplaceinthe the reduction representing areduction of security andcleaningservices.Thebulkof been transferred tocontractorsproviding next 12months.Fourpositionshave met withtheChiefJusticeof Supreme Final Appeal.Inthecourseofthat visit,I Zealand andtheHongKongCourt of Supreme CourtsofCanadaandNew Ma andinvolvingseniorJudgesofthe in HongKonghostedbyChiefJustice the CourtparticipatedinaColloquium In September2015,three membersof and thePeople’s RepublicofChina. Lanka, PapuaNewGuinea,ThePhilippines of Korea, Myanmar, Nepal,SouthAfrica,Sri including India,Israel,Kenya,TheRepublic visitors from anumberofcountries judicial The Courtwelcomedinternational sitting day. becomes availablewithinadayaftereach place sinceOctober2013andordinarily record ofFullCourthearingshasbeenin and judgmentsummaries.Anaudio-visual transcripts oforalarguments,judgments provided byon-linewritten submissions, Public accesstotheworkofCourtis communities initsCanberra and othereventsbyembassiescultural also supportsthehostingofexhibitions the architecture ofthebuilding.TheCourt about therole andhistory of theCourtand and schoolgroups generally andspeak conduct toursofthebuildingforvisitors Sundays eachmonth.TheCourtGuides Court byavarietyofgroups ononeortwo have attendedconcertspresented atthe attended thebuilding.Some5,500people Approximately 40,000othervisitors on itsconstitutionalandappellaterole. tours oftheCourtandpresentations 37,000 schoolstudentsreceived guided During thereporting year, approximately constitutional role andtheruleoflaw. a viewtoenhancingawareness ofits visitor programs havecontinuedwith The Court’s publiceducationand
building.
15 ANNUAL REPORT 2015–16 PART 3 | CHIEF JUSTICE’S OVERVIEW 16 ANNUAL REPORT 2015–16 PART 3 | CHIEF JUSTICE’S OVERVIEW services tothatCouncil. administrative supportandsecretariat Executive andPrincipalRegistrarprovides which meetstwiceyearly. TheChief Justices ofAustraliaandNewZealand, its importance,IchairtheCouncilofChief integrated judicialsystem.Inrecognition of The Australianjudicialsystemisanational of theAsiaPacificJudicialReformForum. Justices intheregion todiscussthefuture which JusticeBellandImetwithChief opening remarks andinthe courseof in November2015atwhichIdelivered Annual LAWASIA Conference inSydney Justice BellandIbothattendedthe28th the ChiefExecutiveandPrincipalRegistrar. Justice Bellandwhichisadministered by the secretariat ofwhichis now chaired by the AsiaPacificJudicialReformForum, continued tomaintainitsinvolvementwith During thereporting period theCourthas commercial lawsintheAsian region. to research andpromote convergencein ofthatInstitutewhoseobjectis Governors established. Iattendedthefirstmeetingof and thePeople’s RepublicofChina,was members are Australia,India, Singapore Business LawInstitutewhosefoundation Singapore. Atthatconference theAsian ‘Doing BusinessAcross Asia’convenedin address conference ataninternational on 2016, Iattendedanddelivered akeynote in ChinaSeptember2016.InJanuary delegation totheSupreme People’s Court a result ofthatmeeting,Iwillbeleadinga Supreme CourtoftheUnitedKingdom.As and NewZealandthePresident ofthe along withtheChiefJusticesofCanada Court ofthePeople’s RepublicofChina during mytermofoffice. and mypersonalstaff and associates Registrar, the officersandstaff oftheCourt, from theChiefExecutiveand Principal colleagues pastandpresent ontheCourt, for thesupportIhavereceived from my opportunity toexpress my deepgratitude office overthepasteightyears.Itake been asignalhonourtoserveinthishigh the firstsittingdayofnewyear. Ithas so thatmysuccessorcanassumeofficeon Justice witheffect from 29January2017 my resignation from theofficeofChief under theConstitution.Ihavetendered for retirement ofJusticestheHighCourt March 2017whichisthemandatory age Australia. Iwillattaintheageof70on19 the AnnualReportofHighCourt I writetheChiefJustice’s Overviewfor This willbethelastoccasiononwhich service totheCourt. sittings were heldtoacknowledgetheir KBE diedduringtheyearandceremonial Leslie Toohey ACandSirKennethJacobs former justicesoftheCourt,HonJohn of theCourtduringreporting year. Two There were nochangestothepersonnel 17 ANNUAL REPORT 2015–16 PART 3 | CHIEF JUSTICE’S OVERVIEW 4The year in review
Changes in Court Processes 19 Court Funding 22
Judicial Workload 19 Administrative Activities 22
Applications for Special Leave 19 Public Information 22
Constitutional Writs 21 International 23 preparation forhearingsofappealsand review oftheprocedures the governing The Courthassincecommenced a required inFullCourthearings. Form fortheoutlineoforalsubmissions Amendment Rulesalsoprovided anew into linewiththenewprocedures. The of proceedings pendinginothercourts) (dealing withapplicationsforremoval amendments required tobringPart26 leave procedures (inPart41)andthe High CourtRules2004thenewspecial of theCourt.Theseincorporatedin Rules 2016were signedbytheJustices Amendment (2016Measures No1) with thelegalprofession, the HighCourt On 7June2016,followingconsultation the parties. applications andtoreduce thecostto between filinganddeterminationof processes inorder toreduce thetime and decidedtostreamline some ofthe and specialleavetoappealtheCourt determination ofapplicationsforleave the procedures the filingand governing During theyear, theCourtreviewed CHANGES INCOURT PROCESSES PART 4|THEYEARINREVIEW for 2014–15,46percentofspecial leave 10 years.Consistentwiththeproportion filed byself represented litigantsinthepast demonstrates theproportion ofapplications for specialleavein2015–16.Table C five years,inthenumberofapplications previous yearandtheaverageforpast There wasasmallincrease, overthe APPLICATIONS FORSPECIALLEAVE cases withinthree monthsofthehearing. decision wasgivenin66percentofthe six monthsofthehearingargument.The was givenin100percentofcaseswithin by theFullCourtin2015–16,decision Of thecivilandcriminalappealsdecided for bothduringthepast10years. 2015–16 were comparable withaverages of FullCourthearingsanddecisionsin As showninTables AandB,thenumbers Full Courthearingsanddecisions JUDICIAL WORKLOAD 2016–17. and anticipatescompletingthereview in matters intheCourt’s originaljurisdiction
19 ANNUAL REPORT 2015–16 PART 4 | THE YEAR IN REVIEW 20 ANNUAL REPORT 2015–16 PART 4 | THE YEAR IN REVIEW Table B. FullCourtdecisions(otherthanspecialleave andremoval applications) Table A. FullCourthearings(otherthanspecialleave andremoval applications) filed inthepast10years. proportion ofcivilspecialleaveapplications the numberofimmigrationmattersasa per centin2014–15.Table Dillustrates at 33percentwasconsistentwiththe32 applications involvingimmigrationmatters The proportion ofcivilspecialleave litigants in2015–16. applications were filedbyself represented
10 20 30 40 50 60 70 80 10 20 30 40 50 60 70 80
0 0
2006-07 2006-07 2006-07 2006-07
2007-08 2007-08 2007-08 2007-08
2008-09 2008-09 2008-09 2008-09
2009-10 2009-10 2009-10 2009-10
2010-11 2010-11 2010-11 2010-11
governing theconsiderationofapplications. governing procedures intheHighCourtRules2004 on thepapers,inaccordance withthethen the Courtduring2015–16were determined leave orspecialtoappealdecidedby Sixty fivepercentoftheapplicationsfor self represented litigants. applications filedin2015–16were filedby Seventy sixpercentoftheimmigration
2011-12 2011-12
2011-12 2011-12
2012-13 2012-13
2012-13 2012-13
2013-14 2013-14
2013-14 2013-14
2014-15 2014-15
2014-15 2014-15
2015-16 2015-16 2015-16 2015-16 2014–15 were determinedonthepapers. or specialleavetoappealdecidedduring Sixty percentoftheapplicationsforleave CONSTITUTIONAL WRITS Table D. Immigrationmattersasaproportionofcivilspecialleave applications filed Table C. Applications forSpecialLeave Filed 89 in2014–15to1682015–16. The constitutional writsfiledincreased from The numberofapplicationsfor 100 200 300 400 500 600 700 800 100 200 300 400 500 600 700 800 900
0 0
2006-07 2006-07 2006-07 2006-07
2007-08 2007-08 2007-08 2007-08
2008-09 2008-09 2008-09 2008-09
2009-10 2009-10 2009-10 2009-10
2010-11 2010-11 2010-11 2010-11
2015–16. Table Eillustratesthenumber cent during2014–15and92per centin matters remained consistentwith94per constitutional writsinvolvingimmigration year. Theproportion ofapplicationsfor by theFullCourtduringreporting test casewhichwasheard anddetermined immigration applicationsassociatedwitha increase isexplainedbytheadditional89
2011-12 2011-12 2011-12 2011-12
2012-13 2012-13 2012-13 2012-13
2013-14 2013-14 2013-14 2013-14 All All
Immigration Self-Represented
2014-15 2014-15 2014-15 2014-15
2015-16 2015-16 2015-16 2015-16
21 ANNUAL REPORT 2015–16 PART 4 | THE YEAR IN REVIEW 22 ANNUAL REPORT 2015–16 PART 4 | THE YEAR IN REVIEW meeting efficiencydividends. additional costsofCourtsecurity, while cause ofthisdeficitwastheneed toabsorb Court ofAustraliaAct1979.Themain unders36(1)ofthe High Attorney-General estimates ofexpenditure approved bythe deficit of$0.388m.Thiswaswithinthe (excluding unfundeddepreciation) wasa The Court’s underlyingoperatingresult expenses in2015–16. formed partoftheCourt’s operating Unfunded depreciation totalling$5.890m for depreciation ofnon-financialassets. Court notreceiving appropriation funding The deficitislargelyattributabletothe resulting inadeficitof$6.278m. and operatingexpenseswere $22.509m, appropriations amountedto $16.231m, In 2015–16,incomeincludingrevenue from COURT FUNDING Table E.Constitutional Writs Filed the past5years. applications forconstitutionalwritsfiledin of immigrationmattersasaproportion of 100 120 140 160 180 20 40 60 80 0 2011-12 2012-13 2013-14 continued towelcomeschools (over800 website. Courtvisitorservices have materials are alsopublishedontheCourt’s historical informationandeducational and judgments.SpeechesbyJustices, visual recordings ofFullCourthearings arguments, transcriptsofhearings,audio- case informationonline,includingwritten continued topublishcomprehensive As explainedinPart6,theCourthas PUBLIC INFORMATION in Part6. budget andontime.Detailsare contained been undertakencost-effectively, within Court thatthesesignificantprojects have the smallbutcapableadministrationof supporting Courtoperations.Itisacredit to security andtheadministrativeprocesses technical infrastructure ofthe Court,Court continue toimprove thephysical and or implementedarangeofprojects to During theyear, theCourtcommenced ADMINISTRATIVE ACTIVITIES 2014-15 All Immigration 2015-16 after-hours useoftheCourtbuilding. concerts havecontinuedtobeafeature of others totheCourtinCanberra.Public schools visitedtheCourtin2015–16)and United StatesofAmericaandJapan. Hong Kong,Nepal,Myanmar, SriLanka,the Republic ofKorea, PapuaNew Guinea, of China,Kenya,SouthAfrica,Israel,the from thePhilippines,People’s Republic consular officials,lawyersandlawstudents officials, parliamentarians, government judges, seniorlawyers,courtadministrators, visitors,includingdelegationsof international world. TheCourtwelcomedanumberof organisations intheregion andaround the many linkswithcourts,judgesandlegal During 2015–16,theCourtmaintainedits INTERNATIONAL representatives from 38countries. was attendedbychiefjusticesortheir Justice Bellspokeattheconference, which Conference. ChiefJustice French and Sydney withthe28 Justices ofAsiaandthePacific,heldin the 16 In November2015,theCourtco-hosted www.apjrf.com. including maintainingitswebsite administrative supporttotheForum, Executive andPrincipalRegistrarprovides the APJRFsinceJune2015.TheChief until hisretirement. JusticeBellhaschaired chaired forseveralyearsbyJusticeHayne Judicial ReformForum(APJRF),whichwas engagementistheAsiaPacific international An importantaspectoftheCourt’s th biennialConference ofChief th annualLAWASIA
23 ANNUAL REPORT 2015–16 PART 4 | THE YEAR IN REVIEW Background5 Information
Establishment 25 Appointment of Justices of the Court 26 Functions and Powers 25 Composition of the Court 27 Sittings of the Court 25 Chief Justices and Justices Seat of the Court 26 of the Court 27 of Australiaare heard if specialleave Court ofAustraliaandtheFamily Court of thestatesandterritories, Federal Court. Appealsfrom theSupreme Courts and originaljurisdictionupontheHigh The Constitutionconfersbothappellate POWERS FUNCTIONS AND Act 1979(Cth). own affairs bytheHighCourtofAustralia Court wasgiventhepowertoadministerits and appellatejurisdictionoftheCourt.The (Cth) regulates theexercise oftheoriginal federal jurisdiction.’TheJudiciaryAct1903 and insuchothercourtsasitinvestswith federal courtsastheParliamentcreates, High CourtofAustralia,andinsuchother a federalSupreme Court,to becalledthe of theCommonwealthshallbevestedin of whichprovides that‘The judicialpower in theAustralianConstitution,section71 The HighCourtofAustraliahasitsorigins ESTABLISHMENT PART 5| Information Background Commonwealth LawCourtsbuildings. Adelaide andPerth,theCourt uses Brisbane, When sittinginMelbourne, if warrantedbytheamountof business. in Brisbane,Adelaide,Perthand Hobart established onitsinauguration,ofsitting and theCourtcontinuespractice, heard regularly inSydneyandMelbourne, for specialleavetoappealtheCourtare the preceding year. Inaddition,applications by aRuleofCourtmadetheJusticesin and suchotherplacesasare determined The CourtconductsitssittingsinCanberra SITTINGS OF THE COURT of from theSupreme CourtoftheRepublic may alsobebrought tothe HighCourt application totheHighCourtitself.Appeals a lowercourtormaybeinitiatedbyan questions maycomeonappealfrom arbiter ofconstitutionalquestions.Such Constitution, theHighCourtisfinal is grantedbytheCourt.Under
Nauru.
25 ANNUAL REPORT 2015–16 PART 5 | BACKGROUND INFORMATION 26 ANNUAL REPORT 2015–16 PART 5 | BACKGROUND INFORMATION SEAT OF THE COURT on 26May1980. opened byHerMajestyQueenElizabethII costs totalled$46.5m.Thebuildingwas Constructions (ACT)PtyLtd.Construction in 1972–73.ThebuilderwasPDC architectural designcompetition held Briggs PtyLtd,thewinnersofanational firm Edwards Madigan Torzillo and The Courtwasdesignedbyarchitectural square and patios,isapproximately 29400 Its totalfloorarea, including carparks administrative wingandlargepublichall. the Court’s PrincipalRegistry, library, courtrooms, Justices’chambers, forty metres tall,andconsists ofthree the ParliamentaryZone.TheCourtis the shores ofLakeBurley Griffin in located on3.4hectares of landfronting The HighCourtbuildinginCanberrais Capital intheAustralian seat ofgovernment seat oftheHighCourtshallbeat Act 1979(Cth)provides thatthe Section 14oftheHighCourtAustralia Tasmanian Supreme Court. the cooperationandassistanceof NSW. InHobart,facilitiesare availablewith jointly ownedbytheCommonwealthand In Sydney, theCourtsitsinabuilding
metres. Territory. • • Justices oftheHighCourt: Under section72oftheConstitution, THE COURT APPOINTMENT OFJUSTICES • including: theCourtandjustices, concerning 1979 (Cth)containsfurtherprovisions Part IIoftheHighCourtAustraliaAct • •
proved misbehaviourorincapacity for suchremoval onthegrounds of Parliament inthesamesession,praying an address from bothHousesof Governor-General inCouncilon cannot beremoved exceptbythe in Council are appointedbytheGovernor-General relation totheappointment ofthestatesin the Attorneys-General of JusticetheCourt,consultwith appointment ismadetoavacantoffice shall,beforethe Attorney-General an 70 must retire onattainingtheageof continuance inoffice shall notbediminishedduringtheir Parliament mayfixbutthe remuneration receive suchremuneration asthe
years. Justice Gordon Justice Nettle Justice KeaneAC Justice Gageler Justice BellAC Justice KiefelAC Chief JusticeFrench AC follows: and thedatestheywerein,are sworn as The JusticesoftheHighCourtin2015–16 COMPOSITION OF THE COURT • • •
justice unless: a personshallnotbeappointedas from timetobyParliament. allowances atsuchratesasare fixed Justices shallreceive salary andother the ChiefJusticeandother within or holdinganyotherofficeofprofit a Justiceisnotcapableofaccepting - -
territory fornotlessthanfiveyears of aSupreme Courtofastateor practitioner oftheHighCourtor barrister orsolicitorasalegal he orshehasbeenenrolled asa of acourtstateorterritory, or court created bytheparliamentor he orshehasbeenajudgeof
Australia
9 October2012 3 February2009 3 September2007 1 September2008 9 June2015 3 February2015 5 Mar ch 2013 office ofGovernor-General. Deane –resigned tobeappointed tothe Isaacs, SirNinianStephenandWilliam Three membersoftheCourt–SirIsaac members oftheCourt. established in1903,includingthecurrent 46 JusticessincetheHighCourtwas There havebeen12ChiefJusticesand COURT OF THE CHIEF JUSTICES AND JUSTICES
27 ANNUAL REPORT 2015–16 PART 5 | BACKGROUND INFORMATION 28 ANNUAL REPORT 2015–16 PART 5 | BACKGROUND INFORMATION Sir CharlesPowers Sir FrankGavanDuffy Higgins Henry Bournes Sir IsaacAlfred Isaacs Richard Edward O’Connor Sir EdmundBarton Justices oftheCourt Robert ShentonFrench (Anthony) MurrayGleeson Sir (Francis)Gerard Brennan Sir AnthonyFrankMason Sir HarryTalbot Gibbs Sir GarfieldEdward John Barwick Sir OwenDixon Sir JohnGreig Latham Sir FrankGavanDuffy Sir IsaacAlfred Isaacs Sir AdrianKnox Sir SamuelWalker Griffith Chief JusticesoftheCourt Chief JusticeandHighCourtare: The nameandyearsofserviceeach
1998–2008
1913–31 1906–29 1906–30 1903–12 1903–20 2008– 1995–98 1987–95 1981–87 1964–81 1952–64 1935–52 1931–35 1930–31 1919–30 1903–19 1913–29 Sir Dudley Williams Sir DudleyWilliams Sir Edward AloysiusMcTiernan Herbert Vere Evatt Sir OwenDixon Sir HaydenErskineStarke Sir GeorgeEdward Rich Albert BathurstPiddington Sir KeithArthurAickin Lionel KeithMurphy Sir KennethSydneyJacobs Sir AnthonyFrankMason Sir NinianMartinStephen Sir HarryTalbot Gibbs Sir CyrilAmbrose Walsh FrancisLangerOwen Sir William Windeyer Sir Victor Sir DouglasIanMenzies Sir AlanRussellTaylor Sir FrankWalters Kitto KelshamFullagar Sir Wilfred FloodWebb Sir William
1940–58 1930–76 1930–40 1929–52 1920–50 1913–50 1913–13 1976–82 1975–86 1974–79 1972–87 1972–82 1970–81 1969–73 1961–72 1958–72 1958–74 1952–69 1950–70 1950–61 1946–58 Michelle MarjorieGordon Geoffrey ArthurAkeroyd Nettle Patrick AnthonyKeane Stephen JohnGageler MargaretVirginia Bell Susan MaryKiefel Susan Maree Crennan (John) DysonHeydon Ian DavidFrancisCallinan Kenneth MadisonHayne Michael DonaldKirby Charles Gummow Montague William Michael HudsonMcHugh Mary GenevieveGaudron John LeslieToohey Sir DarylMichaelDawson PatrickDeane Sir William Sir (Francis)Gerard Brennan Sir RonaldDarlingWilson
2005–2015 2003–2013 1998–2007 1997–2015 1996–2009 1995–2012 1989–2005 1987–2003 2015– 2015– 2013– 2012– 2009– 2007– 1987–98 1982–97 1982–95 1981–95 1979–89
29 ANNUAL REPORT 2015–16 PART 5 | BACKGROUND INFORMATION 6Administration Overview 31 Library 40
Chief Executive and Corporate Services 42 Principal Registrar 31 Human Resource Management 43 Officers and Employees 33 Information Technology 45 External Scrutiny 33 Building Operations 45 Registry 35 Public Information and Judicial Workload 35 visitor programs 47
Rules of Court 38 of theHighCourt.TheChiefExecutive Chief ExecutiveandPrincipalRegistrar upon thenominationofCourt, ofthe appointment bytheGovernor-General, Australia Act1979(Cth)provides forthe Section 18oftheHighCourt PRINCIPAL REGISTRAR EXECUTIVE ANDCHIEF Senior ExecutiveDeputyRegistrar. the ManagerCorporateServicesand the SeniorRegistrar, theCourtLibrarian, the ChiefExecutiveandPrincipalRegistrar, The HighCourt’s executiveteamcomprises V dealswithCourtfinancesandaccounts. provided forinPartIVofthe Act,whilePart Executive andPrincipalRegistrar, are which isunderthecontrol of theChief employees). TheoperationsoftheRegistry, Registrar) andsection26(officers powers oftheChiefExecutiveandPrincipal of theCourt),section19(functionsand relevance are section17(administration Australia Act1979(Cth).Ofparticular primarily inPartIIIoftheHighCourt administration oftheHighCourtappear Statutory provisions covering the OVERVIEW PART 6|ADMINISTRATION
her bytheCourt(section19(7)). comply withanydirections giventohimor Chief ExecutiveandPrincipalRegistrar shall and theexercise ofhisorherpowersthe In theperformanceofhisorher functions or herfunctions’(section19(2)). in connectionwiththeperformanceofhis necessary orconvenienttobedonefor has powerto‘doallthingsthatare The ChiefExecutiveandPrincipalRegistrar (section 19(1)). or are assignedtohimorherbytheCourt’ as are conferred onhimorherbythisAct section 17andhassuchotherfunctions of theaffairs oftheHighCourt under assisting, theJusticesinadministration has thefunctionof‘actingonbehalfof,and The ChiefExecutiveandPrincipalRegistrar from 20July2012. and wasreappointed fora furtherfiveyears appointed tothepositionon20July2007 Registrar, Mr Andrew Phelan,wasoriginally The current ChiefExecutive andPrincipal appointment (section20(1)). her appointment,butiseligibleforre- as isspecifiedintheinstrumentofhisor such period,notexceedingfiveyears, and PrincipalRegistrarholdsofficefor
31 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 32 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION HIGH COURT OF ORGANISATIONALAUSTRALIA CHART AS AT 30JUNE2016 Carolyn Rogers HCA Act. arrangement underthe Court inHobart,by Perth, andtheSupreme Brisbane, Darwinand Court inAdelaide, Registries oftheFederal Sydney Registry Matthew Grey DEPUTY REGISTRAR Registry Melbourne Musolino Rosemary DEPUTY REGISTRAR Transcription Principal Registry Emma Will MANAGER NATIONAL REGISTRY SENIOR REGISTRAR REGISTRY BRANCH PERSONAL STAFF JUSTICES’
Legal Research Library John Botherway LIBRARIAN COURT LIBRARY and Events Public Information Court Guides Applications Special Leave Ben Wickham DEPUTY REGISTRAR SENIOR EXECUTIVE Andrew Phelan PRINCIPAL REGISTRAR CHIEF EXECUTIVE& Hon MichelleGordon Hon GeoffreyNettle Hon PatrickKeaneAC Hon StephenGageler Hon Virginia BellAC Hon SusanKiefelAC JUSTICES Hon RobertFrenchAC CHIEF JUSTICE Building Operations Security Dean Marshall MARSHAL Telecommunications Courtroom Technology Information Technology Tony Watson OFFICER CHIEF INFORMATION Administration Human Resources Finance Margaret Baird OFFICER CHIEF FINANCIAL Jeff Smart SERVICES MANAGER CORPORATE BRANCH CORPORATE SERVICES
Results oftheAuditor-General’s auditof performance auditsinvolvingthe Court. the Auditor-General didnotconductany that inspectionandaudit.During 2015–16 General toanyirregularity disclosedby to drawtheattentionofAttorney- financial transactionsoftheCourtand audit theaccountsandrecords ofthe Auditor-General annuallytoinspectand Section 43oftheActprovides forthe incurring ofliabilitiesbytheCourt’. the custodyof,Courtandover maintained overtheassetsheldby, orin authorised andthatadequatecontrol is Court are correctly madeandproperly payments outofthemoneysheldby do allthingsnecessarytoensure thatall of theCourtundersection17andshall relating totheadministration oftheaffairs and records ofthetransactionsandaffairs ‘shall causetobekeptproper accounts Act 1979(Cth)provides thatthe Court Section 42oftheHighCourtAustralia EXTERNAL SCRUTINY Part below, andinAnnexure B. Resources Managementsection ofthis organisation chart,intheHuman of theCourtisprovided in the preceding information aboutofficersandemployees Public ServiceAct1999(Cth).Further of theHighCourtare notcovered bythe allowances (section26(4)).Employees employment, includingremuneration and determines thetermsandconditionsof the Court(section26(1)and(3)).The considers necessaryforthepurposesof engage otheremployeesastheCourt may appointsuchotherofficersand The ChiefExecutiveandPrincipalRegistrar EMPLOYEES OFFICERS AND the Court. appeal intheappellatejurisdiction of special leavetoappealandnotices of and thefilingofapplicationsfor leaveor constitutional writsintheoriginaljurisdiction summons andthefilingofapplicationsfor They supervisetheissueofwrits (Cth) andtheHighCourtRules2004. the Constitution,JudiciaryAct1903 procedure oftheCourtascontainedin litigants onthejurisdiction,practiceand to practitionersandselfrepresented provide informationandassistance The SeniorRegistrarandDeputyRegistrars the Court. management ofthejudicialworkload Court andcoordinates the case-flow services forthejudicialactivitiesof The Registryprovides administrative REGISTRY December 2015. was presented totheParliament on11 General on12November2015andit 2014–2015 wassubmittedtotheAttorney- approves. TheCourt’s AnnualReport year insuchformastheFinanceMinister financial statementsin respect ofthat ended onthat30June,togetherwith under section17duringtheyearthat administration oftheaffairs oftheCourt areportAttorney-General relating tothe each year, toprepare andsubmittothe as soonpracticableafter30Junein Section 47oftheActrequires theCourt, significant issuesarisingfrom theaudit. report wasunqualifiedandthere were no General on16September2016.The report, were reported totheAttorney- which canbefoundatPartVIIofthis the Court’s 2015–16financialstatements,
33 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 34 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION website withinafewdaysofthe hearing. are availableinpaperformandonthe applications andcasesheard oncircuit in Canberra.Transcripts ofspecialleave hours oftheCourtrisingeach sitting day transcript isusuallyavailablewithintwo and otherinterested persons.The transcripts, tolegalpractitioners,litigants hcourt.gov.au/publications/judgments/ through theCourt’s websiteathttp://www. available, inpaperformandelectronically the hearings.Thetranscriptisalsomade of citationsreferred tobycounselduring its proceedings andincludesthefulltext Court’s transcriptisaverbatimrecord of Court fortheuseofJustices.TheHigh transcript oftheproceedings oftheHigh service whichprovides an accurate The Courthasitsownreporting www.hcourt.gov.au. city andontheCourt’s website, available attheRegistryineachcapital Registry services.TheServiceCharteris complaints regarding theprovision of provides asystemfortheresolution of Registry staff. TheService Charteralso of servicethatcanbeexpectedfrom the function oftheRegistryandstandards The RegistryServiceCharterdescribesthe Chief Justicesoftherespective Courts. of Australiabyarrangementbetweenthe performed byofficersoftheFederalCourt Adelaide, Brisbane,DarwinandPerthare arrangements. Registryfunctionsin Court ofTasmania underministerial are performedbyofficersoftheSupreme of theCourt.RegistryfunctionsinHobart Sydney Registriesare staffed byofficers and and Perth.TheCanberra,Melbourne Sydney, Adelaide, Brisbane, Darwin, Hobart are alsolocatedinCanberra,Melbourne, situated inCanberra.OfficesoftheRegistry The PrincipalRegistryoftheCourtis in 2015–16. practitioners were addedtotheregister jurisdictions. Thenamesof2,736 new enable themtoseekadmission inother them withcertificatesofgoodstandingto on theregister and,ifrequired, providing procedure forhavingtheirnameentered entitlement topractiseinfederalcourts,the to practitionersadvisingthemoftheir Registry provides aninformationservice Principal RegistrarinCanberra.The maintained bytheChiefExecutive& entered intheRegisterofPractitioners jurisdiction are required tohavetheirnames or Territory courtsexercising federal wish topractiseinfederalcourtsorState All legalpractitionersinAustraliawho without cost. be viewedanddownloaded,world-wide, they are delivered bytheCourtandcan au/publications/judgments ontheday Court’s websiteathttp://www.hcourt.gov. Judgments are alsoavailable from the judgments whensittinginothercities. service isalsoprovided ifthe Courtdelivers and SydneyofficesoftheRegistry. This and thepublicinCanberra,Melbourne (Fees) Regulation2012,bytheparties fee prescribed inthe Additional copiescanbepurchased, atthe to thepartiesandmediafree ofcharge. and Sydneyoffices,are provided are availablefrom theCanberra,Melbourne When theCourtdeliversjudgments,copies Court reporting serviceduring2014–15. number oftranscriptsproduced bythe 2015–16. Thisisaslightincrease overthe by theCourtreporting serviceduring containing 6,234pages,were produced A totalof336individualtranscripts, available onthatsite. Transcripts datingbackto1994are High CourtofAustralia Table F. Casesfiled: by Registry Sydney and Brisbane, accounted for 52 per Registry, which processed casesfiledin In 2015–16,theSydneyofficeof the proportion in2014–15. 2015–16 was46percent,consistentwith filed byself represented litigantsduring The proportion ofspecialleave applications compared with698cases filedin2014–15. this year, with atotalof795casesfiled The numberofcasesfiledincreased slightly 1903 (Cth). removed pursuanttotheJudiciaryAct applications forremoval and causes F, Gand HincludeWrits ofSummons, The casesrecorded in“Other”tables are provided intableF. cases filedduring2014–15and2015–16 in eachRegistryandthecategoriesof Comparisons ofthenumbercasesfiled Cases filed JUDICIAL WORKLOAD 100 150 200 250 300 350 15\16 14\15 50 0 yny ebun Bibn Aead Prh abra oat Darwin Hobart Canberra Perth Adelaide Brisbane Melbourne Sydney 3 21 82 63 221 209 333 316 52 30 Pending cases Court during2014–15and2015–16. and categoriesofcasesdecidedbythe Table Gcompares thenumberofcases Cases decided Commonwealth, applicationsforremoval of theConstitutionagainstofficers applications madeundersection75(v) jurisdiction oftheCourtinclude Cases commencedintheoriginal Original jurisdiction recorded intableH. at 30June2015and2016is The numberofcasespendingintheCourt for 3percentofallfilings. filed inCanberraandDarwin,accounting The RegistryinCanberraprocessed cases accounted for45percentoftotalfilings. Adelaide,PerthandHobart, in Melbourne, the Registry, whichprocessed casesfiled officeof cent oftotalfilings.TheMelbourne 15\16 14\15 100 200 300 400 500 600 700 800 900 0 73 56 OA: /ev Apas CWis Other C/Writs Appeals S/Leave TOTAL: 9 56 1 6 40 86 168 89 51 53 536 470 795 698 Cases filed:bycategoryofcases 13 9 10 8 11 7
35 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 36 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION Table H.PendingCases: by Registry Table G. Casesdecided: by Registry 100 150 200 250 300 30-Jun-16 30-Jun-15 15\16 14\15 50 0 100 120 140 160 180 200 20 40 60 80 0 yny ebun Bibn Aead Prh abra oat Darwin Hobart Canberra Perth Adelaide Brisbane Melbourne Sydney 3 13 46 133 234 4 18 75 108 240 yny ebun Bibn Aead Prh abra oat Darwin Hobart Canberra Perth Adelaide Brisbane Melbourne Sydney 4 14 29 174 93 148 108 34 30-Jun-16 30-Jun-15 24 31 100 150 200 250 300 350 400 450 28 50 Pending Cases:bycategoryofcase 9 0 OA: /ev Apas CWis Other C/Writs Appeals S/Leave TOTAL: 2 22 9 6 19 23 164 52 29 24 212 177 424 276 14\15 15\16 100 200 300 400 500 600 0 44 43 21 33 Cases decided:bycategoryofcases OA: /ev Apas CWis Other C/Writs Appeals S/Leave TOTAL: 9 48 6 17 1 46 428 492 2 45 5 16 7 45 455 523 11 6 5 2 9 2 2 2 6 3 4 8 conclusion ofargument(withreasons for Court alsodeterminedonecase atthe filed intheoriginaljurisdiction. TheFull Full Courtpublishedjudgments in12cases 44 oftheJudiciaryAct.In2015–16, another Courtfortrialpursuanttosection Full Court.Somecasesare remitted to jurisdiction proceed tohearingbefore the instance. Notallcasesfiledintheoriginal a singleJusticeoftheCourtinfirst jurisdiction are generallylistedbefore Cases commencedintheoriginal the Court,compared with175in2014–15. commenced intheoriginaljurisdictionof During thereporting year208 caseswere or involvingitsinterpretation. include cases arising under the Constitution bytheseproceduresCases governed under section18oftheJudiciaryAct. 1903 (Cth),casesstated,andreferences pursuant tosection40oftheJudiciaryAct from othercourtsintothe High Court Table I.Meansofdetermination: Applications and Appeals Dismissed Allowed Discontinued Deemed Abandoned 100 200 300 400 500 600 0 SLA 2014-15 376 52 19 29 SLA 2015-16 402 53 31 28 was allowedbyconsentonthe dayof conclusion ofthehearingand another leave toappealwasrevoked atthe There wasoneappealinwhichspecial not applytoappeals). apply tospecialleaveapplicationsanddo (*deemed abandonmentprovisions only finalised during2014–15and2015–16. Table I compares how appellate cases were Appellate casesfinalised petitions filedinthe reporting year. for determination.There were noelection single Justiceorremitted to anotherCourt These casesare oftendetermined bya House ofRepresentatives or theSenate. of electionsorreturnspersonstothe totrypetitionsdisputingthevalidity Returns The CourtsitsastheofDisputed by consentdisposingofanothermatter. judgment tofollow)andpronounced orders pel 041* Appeals2015-16* Appeals 2014-15* 33 13 0 21 23 1
37 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 38 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION Table J. Time forDetermination: Applications and Appeals stages inthepreparation of applications by providing timestandards forthevarious provisions assistcase-flow management special leavetoappealandappeals.These for thefilingofapplicationsleaveor Court Rules2004imposetimestandards The provisions ofChapter 4 oftheHigh time fordetermination Appellate cases– with 60percentin2014–15. finalised withoutanoralhearing,compared the applicationsdecidedin2015–16were but fordetermination.Sixtyfivepercentof the applicationsare notlistedforhearing without anoralhearing.Inthosecases, special leaveapplicationsonthepapers that theCourtmaydetermineleaveand The HighCourtRules2004provide final have beenadjustedtoincludetheseas the hearing.Thedeterminationfigures Dismissed Allowed Discontinued Deemed Abandoned
outcomes. 100 200 300 400 500 600 0 SLA 2014-15
376 52 19 29 SLA 2015-16 402 53 31 28 cent the practiceandprocedure oftheCourtare The HighCourtRules2004whichgovern proceedings oftheCourt. prescribe thevariousforms tobeusedfor practice andprocedure intheCourt,and sittings oftheCourt,regulate allcasesof Rules ofCourtwhichprescribe theannual The Justiceshaveresponsibility formaking OFCOURTRULES for 2014–15were 94percent and98per within ninemonthsoffiling.Thefigures during thereporting yearwere completed cent oftheappealsdecidedbyCourt leave orspecialtoappealand93per Ninety fivepercentoftheapplicationsfor and 2015–16tobedetermined. jurisdiction oftheCourtduring2014–15 of timetakenforcasesfiledintheappellate and appeals.Table Jcompares theperiods
respectively. pel 041* Appeals2015-16* Appeals 2014-15* 33 13 0 21 23 1 • • • following RulesofCourt: During 2015–16theCourtmade profession andthepublic. fortheinformationof on theInternet available inallofficesoftheRegistryand immediately aRuleismade,andcopiesare law societiesandbarassociations Rules are distributedtoalllegalpublishers, as legislativeinstruments.Copiesofthe Rules ofCourtare madeandpromulgated changes are contemplatedtotheRules. and organisationswhenanysignificant The Courtconsultswithinterested persons kept underreview bytheRulesCommittee. Australia (Fees)Regulation2012. provided inSchedule1oftheHighCourt for obtainingadocumentorservice, are office oftheRegistryHigh Court,or filing, issuingorsealingadocumentinan Feespayable for of theAttorney-General. prescribed byregulation ontheinitiative an integralpartoflitigationcostsandare Fees andchargesintheHighCourtform Court feesandcharges
the JudiciaryAct1903. and removal pursuanttosection40of of applicationsforleave,specialleave thefilinganddetermination governing – Amendmentstotheprocedures (2016 Measures No.1)Rules 2016 7 June2016–HighCourtAmendment Legislative InstrumentF2016L01029on Amendments toSchedule2(Costs)and Court Amendment(Fees)Rules2015– 2015 on3November–High Select LegislativeInstrument178of sittings oftheHighCourt (2016 Sittings)Rules2015–Annual 2015 on5August–HighCourt Select LegislativeInstrument136of with theproceedings inthe HighCourt. paying filingandhearingfeesassociated (Cth) are eligibleforafullexemption from Act1993 under Part11oftheNativeTitle scheme andpersonsgrantedassistance in receipt ofbenefitsunder theABSTUDY youth allowance,anAustudypaymentor under theageof18,personsinreceipt of Affairs, personsinpublicdetention,children Centrelink ortheDepartmentofVeterans’ who holdaconcessioncard issuedby persons inreceipt oflegalaid,persons (Fees) Regulation2012provides that Regulation 11oftheHighCourtAustralia Exemption frompayingfees in thefollowingtable. 860. Thecompositionofthistotal isshown for theentire periodamountedto$990, hearing feesforegone inthese516cases or 22percent,ofthecases.Thefilingand determinations were madeinanother174, paying fees.Inaddition,financialhardship liable topaythefeewasexemptfrom or 44percentofcases,theperson were filedintheCourt.In342ofthese, attracting afilingfeeand/orhearingfees During thereporting year780cases Fees forgone reporting period. Tribunal. There were norefusals duringthe reviewed bytheAdministrative Appeals to makesuchadeterminationmaybe hardship fee).Arefusal byaRegistrar (specified inSchedule1asthefinancial the personmayinsteadpayareduced fee individual, theRegistrarmaydeterminethat would causefinancialhardship tothe payment ofthefeepayablebyanindividual Where, intheopinionofa Registrar, the Financial hardship fee
39 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 40 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION Court Librarian. Executive andPrincipalRegistrarthe and includesJusticeGageler, theChief which ischaired byJusticeKeaneAC The CourthasaLibraryCommittee LIBRARY costs tothepartiesisoftennotrequired. attendance ofthepartiesandassociated result thetaxationofbills costswiththe issued fortheamountofestimate.Asa with theRules,aCertificateof Taxation is if thepartiesdonotobjectinaccordance is madeintheabsenceofpartiesand, taxation ofbillscosts.Suchanestimate tothe estimate ofcostsasanalternative The HighCourtRules2004provide foran Schedule totheHighCourtRules2004. the HighCourtare contained intheSecond incidental to,thestepsinproceedings in The allowableprofessional costsof,and Professional costs • The functionsoftheHighCourt Library are to: RECORD OFFEESFOREGONE2015–16 TOTAL Legal Aid(exemption) Reasons fornon-payment Holder ofaconcessioncard (exemption) Person inpublicdetention(exemption) Child undertheageof18years(exemption) or ABSTUDYrecipient (exemption) Youth allowance,Austudypaymentrecipient (exemption) Act Recipient ofassistanceunderNativeTitle Financial hardship (waiverof two-thirds fee)
of relevant, comprehensive andtimely support theCourtthrough theprovision the variety oflegalissuesatthedirection of undertook research and analysisona During theyearLegalResearch Officer Legal Research Officer above ratesofinflation. line subscriptions,havecontinuedtorise year. Subscriptionrates,particularlyforon- costs remained withinbudgetduringthe The Library’s acquisitionsandsubscription MaterialsBudget Library • • • Regulation
11(1)(b) 11(1)(d) 11(1)(a) 11(1)(c) 11(1)(c) 11(1)(e) and Bulletins. judgments andrelated summaries publish theCourt’s dispositions, in Canberra lawyers appearingbefore the Court support thelegalreferencing needsof needs oftheJusticesandtheirstaff support thereference andresearch collection oflegalresources which provide andmaintainacomprehensive Justices andtheirstaff reference andresearch servicestothe Justices. 11(1)(f) 12 516 122 189 174 No. 29 0 0 2 Amount ($) $990,860 $282,165 $380,805 $304,005 $18,595 $5,290 0 0 decisions from overseasjurisdictions. information totheJusticesaboutrelevant Decisions Bulletin,whichprovides before theCourt,andOverseas information tothepublicaboutcases the HighCourtBulletin,whichprovides The LegalResearch Officeralsoproduces 2014–15). by thelibraryduring2015–16(521in Over 498inter-library loanswere processed Inter-library loans when theyappearbefore theCourt. assistance isalsoprovided tocounsel legislative history. Reference andresearch a caseorearlycolonialacttoresearching their staff. Thesecanrangefrom providing research queriesfrom theJusticesand Library staff assistwithreference and Reference services by theLegalResearch Officer. considered relevant toforthcomingcases to Chambersoffullcopieslegislation continued tocoordinate the provision in chambers.TheLegislationOfficer with printedcopiesofmaterialnotheld Justices andtheirassociates,together copies ofallauthoritiesforusebythe fully searchable andpaginated electronic This yearLibrarystaff continued toprovide 49 provided authoritiestothe Justicesfor sittings. During2015–16,thelibrary during oralargumentinCourtforCanberra of authoritiesrelied uponby counsel coordination, production anddistribution The Libraryisresponsible forthe Authorities Integrated LibrarySystem(ILS) asapartner The Courtcontinuestousethe SirsiDynix Management System Library
hearings. and widerpublictosubscribe. are availableenablingthelegal profession published ontheCourt’s websiteandalerts Singapore are alsoincluded.Theseare decisions oftheCourtAppeal Admiralty, arbitration andconstitutional and theHongKongCourtofFinalAppeal. Africa, theSupreme Court ofNewZealand States, theConstitutionalCourtofSouth Canada, theSupreme Court oftheUnited United Kingdom,theSupreme Courtof decisions oftheSupreme Court ofthe Overseas DecisionsBulletin, Court’s website New LibraryBooks,publishedonthe published onBarNetandAustLII High CourtBulletinwithitsfullarchive is publications available: The Librarymakesthefollowing Web publications availability oftheCourt’s judgments. immediate, continuousandefficient The aimoftheproject wastoensure and preparation andlinkingofmetadata. and includedthesourcing ofjudgments The project wasinitiatedbytheLibrary Unreported Judgments1906–2002. was alsoaddedtoincludeacollectionof 1–100. Anhistoricalresources section Commonwealth LawReports,volumes covering theperiod1948to1999and expanded withtheadditionofJudgments The HighCourtJudgmentsDatabasewas High CourtJudgmentsDatabase will migratetheirdatain2016–17. Library recently joinedtheConsortiumand Australian CourtsAdministrationAuthority the Supreme TheSouth CourtofVictoria. Australia, NSWLawCourtsLibraryand in aconsortiumwiththeFederalCourtof whichincludes
41 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 42 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION • • • • The CourthasaFinanceCommitteewhich: Finance Committee security andbuildingoperationsfortheCourt. human resources, informationtechnology, Corporate Servicescomprisesthefinancial, CORPORATE SERVICES Court Librarian,MrJohnBotherway. 2015. Shewasreplaced by theDeputy Court after10years’serviceinSeptember The CourtLibrarian,MsPetalKinderleftthe High CourtLibrarian year cyclehasbeendeveloped. in Canberraandinterstateoverarolling ten stocktakes coveringalllibraryresources held impractical andascheduleofpartial the collectionmakesafullannualstocktake included partsofthecollection.Thesize undertaken everysecondyearandhadonly Brisbane. Previously stocktakeshadbeen Sydneyand in Canberra,Melbourne, conducted oftheHighCourtcollection In thefirsthalfof2016afullstocktakewas Stocktake •
and considers buildingstrategies audit andfraudcontrol frameworks including appropriate riskmanagement, managing financialbusinessrisks, on processes foridentifyingand reviews andadviseswhere necessary Chief ExecutiveandPrincipalRegistrar statements priortotheirsigningbythe reviews andadoptsannualfinancial expenditure againstbudgets monitors andreports totheCourton Court budgets recommendations totheCourt on reviews and,where appropriate, makes
projects. a followupreview ofLibrary auditoralsoundertook The internal • • auditorconductedreviewsthe internal of: by acontractedauditor. During2015–16 The Court’s auditsare internal performed Audit Internal regularly duringtheyear. Executive andPrincipalRegistrar. Itmet Kiefel AC,JusticeGagelerandtheChief Justice French ACandincludesJustice The FinanceCommitteeischaired byChief Budget Statements. reported intheAttorney-General’s Portfolio The Court’s estimatesfor2015–16were Financial management CONTROL FRAUD • • • • During 2015–16theCourt: Risk management Collection •
Act 2013(Cth) Performance andAccountability Alignment withthePublicGovernance, Procurement building projects. assessed andconsidered risksfor providerexternal assessment withassistancefrom an conducted aworkhealthandsafetyrisk providerexternal assessment withassistancefrom an conducted aninformationsecurityrisk external assessment withassistancefrom an conducted asecurityrisk Security.Physical andExternal
Management.
provider statements inPartVII. and donotformpartoftheCourt’s financial the AustralianPublicServiceCommission on aSpecialAppropriation administered by General’s Departmentusingadrawingright Payments are madebytheAttorney- are paidoutofaSpecialAppropriation. Justices’ remuneration andallowances are inPartVII. The auditedfinancial results for2015–16 departmental capitalbudget. equity injectionof$3.970mincluding In 2015–16theCourtreceived an was adeficitof$0.388m. result (excludingunfunded depreciation) 2015–16. TheCourt’s underlyingoperating part oftheCourt’s operatingexpensesin depreciation totalling$5.890m formed resulting inadeficitof$6.278m. Unfunded and operatingexpenseswere $22.509m, appropriations amountedto $16.231m, In 2015–16,incomeincludingrevenue from Financial results and training Echelon Consultancy Name Australia PtyLtd Steensen Varming GHD GHD GHD Australia PtyLtd Steensen Varming Dimension Data The SafetyGuruPtyLtd
Description Building AssetAudit pathway lighting Design anddocumentationtoupgrade of fire dampers Design anddocumentationforreplacement Update fire strategy report of stairpressurisation fans Design anddocumentationforreplacement HVAC constructionadvice Server design management plan Work healthandsafetyriskassessment contracts during2015–16. Solicitorindrafting Australian Government The Courtsoughtadvicefrom the Contract management more (includingGST)are shownbelow: Contracts withatotalvalueof$10000or $200,666 (includingGST). consultancy contractswithatotalvalueof During 2015–16theCourtentered into23 Consultants performance payduring2015–16. No HighCourtstaff member received applying intheAustralianPublicService. conditions are generallysimilar tothose determined bytheCourt.Thesetermsand terms andconditionsofCourtstaff tobe Section 26(4)oftheActprovides forthe High CourtofAustraliaAct1979(Cth). High Courtstaff are employedunderthe Terms andconditionsofemployment HUMAN RESOURCEMANAGEMENT Contract Price $12,320 $23,375 $18,205 $24,090 $24,090 $42,328 $24,960 $15,000
43 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 44 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION and safety, workplace diversityand online trainingmodulesforwork,health All newstaff were requested tocomplete be accessedbyemployeesfrom the minutes andaregister ofissuescan safety arrangements,WH&SCommittee Information abouttheCourt’s healthand prior toandafterCommitteemeetings. encouraged toconsultwithintheirareas Designated Workplace Representatives are have aboutpersonalandworkplacesafety. for employeestoraiseanyissuesthey This Committeeprovides anopportunity Safety (WH&S)Committeemetfourtimes. During 2015–16theWork, Healthand health andsafetyriskmanagementplan. safety riskauditandtoupdatethework engaged toundertakeaworkhealthand policies andprocedures. Aconsultantwas and updatedworkhealthsafety Throughout 2015–16theCourt reviewed Work, healthandsafety workplace • • • • in thefollowingareas: During comprehensive firstdayinduction program. The Courtcontinuestoprovide a Training Annexure B. by genderandsalaryclassificationare at casual employmentandthecomposition of employeesinfull-time,part-timeand Tables givinganoverviewofthenumbers Staffing overview Court’s
electronic records management. fraud awareness managing andsettingpriorities adapting tochange
2015–16 intranet.
behaviours. the Courtprovided training Other initiativesundertakenduring 2011 (Cth).There were nonewworkers 38 oftheWork HealthandSafetyAct Act 1991(Cth)orsections36,37and of theOccupationalHealthandSafety information toComcare under section68 that required theCourttoprovide During 2015–16there were noincidences • visitors included: at workofemployees,contractorsand to promote thehealth,safety andwelfare • • • • 2015–16 for: The CourtarrangedWH&Strainingin • • • As at30June2016there were: compensation • • • •
influenza vaccinations building evacuation. safe useoffire extinguishers mental healthawareness first aid Committee whichwere unresolved. no safetyissuesnotifiedtothe WH&S claims forinjuryreported in2015–16 no continuingworkerscompensation 1 July2015 claims thatrelate toinjuryprior two continuingworkerscompensation assistance provider. provided bytheCourt’s employee encouraging staff touseservices healthy levelsofphysicalactivity Challenge Programme which promoted participating intheGlobalCorporate RUOK day workstation assessments
claims. 2015–16 2015–16 Contracts 2015–16. new serverroom wascompletedduring relocation ofallICTequipmentintothe commissioned inearly2015.Thephysical A newserverroom wascompletedand room Server andSydney.Brisbane, Melbourne, with significantbandwidthimprovements to network wascompletedduring2015–16, registries. Thecommissioning ofthe for theCourt’s interstateChambersand provide significantbandwidth increases A contractwassignedin2014–15to Interstate network capacities Melbourne extended latertotheCourt’s Sydneyand been fullyupgraded.Thedesignwillbe courtrooms inCanberra,which havenow focus ofthatinstallationwasthethree Court recording) technology. Thesole courtroom audio-visual(including into acontractfortheinstallationof During 2015–16theCourtentered replacement Courtroom audio-visualtechnology It metregularly duringthe year. Chief ExecutiveandPrincipalRegistrar. AC, JusticeNettle,Gordon andthe Justice French ACandincludesJusticeBell The ITCommitteeischaired byChief technology withintheCourt. the useofinformationandcommunications oversees andguides,atastrategiclevel, The CourthasanITCommitteewhich INFORMATION TECHNOLOGY quality enhancementsandcost savings contractstoachieve of government During 2015–16theCourtused whole
courtrooms. • During 2015–16theCourt: Rectification ofsafetyissues BUILDING OPERATIONS entry doors. fans andthereplacement ofbuilding to theupgradeoffire stairpressurisation asbestos containingmaterialinrelation During 2015–16theCourtremoved Register wasupdatedduring2015–16. The Court’s Asbestos-ContainingMaterial material Removal ofasbestoscontaining • • • • • • • efficiencies andserviceimprovements. maintenance services,toachieve and contractingforsecuritybuilding joined withotherinstitutionsintendering multifunction devices,andprinters.It long distancecalls,mobilecharges, for computers,contractors,national
the publicarea increased theheightofbalustrades in pathway plans. updated emergencyevacuation compartments documentation reviewed andupdatedbuilding fire the emergencylightingsystem prepared documentationtoupgrade replaced fire stairpressurisation fans intercom and emergencywarning fire indicatorpanel,smoke detection commenced thereplacement ofthe replaced damagedtileson theforecourt handrails ontheforecourt increased theheightofbalustrades and
system
45 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 46 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION • • • During 2015–16theCourt: Court buildingisopentothepublic. present intheCourtbuilding everydaythe Police forProtective Security Officerstobe Understanding withtheAustralianFederal The CourthasaMemorandumof management Building securityandemergency managed around Courtsitting periods. completed before 2018and willbe The worksare notexpected tobe to theBuildingCode2014. Code 2014andtheSupportingGuidelines and isrequired tocomplywiththeBuilding Office oftheFederalSafetyCommissioner The headcontractorisaccredited bythe the from toenterinto theAttorney-General the Courtsoughtandreceived approval of thiscontractwasgreater than$1m, conditioning (HVAC) services.Asthevalue the buildingheating,ventilationandair contract withaheadcontractortoupgrade During 2015–16theCourtentered intoa Services Ventilation and Air Conditioning Upgrade oftheBuildingHeating, •
security bollards. commenced theinstallationof new management plan assessment andprepared asecurity reviewed andupdatethesecurityrisk Occupants oftheCourtbuilding Control Organisation(ECO)and to undertaketrainingoftheEmergency engaged anewtrainingserviceprovider Response Plan(ERP) reviewed andupdatedtheEmergency contract. ERP andproposed trainingschedule. AS 3745-2010andendorsedtheupdated met inaccordance withtherequirements of The EmergencyPlanningCommittee(EPC) • • 2015–16 included: Other buildingprojects undertakenin Other buildingprojects • • During 2015–16: maintenance oftheCourt’s artcollection. Committee tomonitorthecare and the establishmentofaCourtArtworks In 2015theCourtformallyendorsed High Courtartcollection building andprecinct. that affect theheritagevalues oftheCourt assessments before undertaking works The Courtseeksheritageimpact Heritage management •
external buildingfaçadelighting external commencing theupgradeof the ground floor replacing thepublicentrancedoorson management plan. prepare anartworksconservationand the Courtengagedaconsultantto appropriate condition Court’s artcollectionwaskeptin were undertakentoensure thatthe a numberofconservationactivities and furniture. replacing administrativeworkstations 80,000 visitorstotheCourt. In 2015–2016,there were approximately attraction intheparliamentary triangle. The HighCourtbuildingisapopular students from overseasjurisdictions. court officials,diplomats,academicsand routinely hostvisitingdelegationsofjudges, The JusticesoftheCourtandseniorstaff in visual recordings ofallFullCourthearings on theCourt’s website,asare audio- in FullCourtmattersare alsoavailable of thebuilding.Theparties’submissions information abouttheartandarchitecture by present andformerJustices, and business andcourtlists,speeches leave dispositions,theHighCourtBulletin, summaries, judgmentspecial transcripts ofhearings,judgments,case the workofCourt.Thisincludes website, anarrayofinformationabout The HighCourtmakesavailable,viaits Executive andPrincipalRegistrar. French AC,JusticeKeane ACandtheChief Justice BellACandincludesChief Canberra. TheCommitteeischaired by and activitiesintheHighCourtbuilding offering specialisededucational programs communications withthemedia,andby on itswebsite,bymaintainingappropriate education through theextensive information Information Committee,contributestopublic broad directions setbytheCourt’s Public constitutional democracy. TheCourt,under maintenance oftherulelawinAustralia’s exercise ofjudicialpowerisessentialtothe to understandwhytheindependent It isimportantformembersofthepublic Committee Public Information VISITOR PROGRAMS INFORMATIONPUBLIC AND
Canberra. capacity, andperformanceshaveranged concert hasbeenattendedat near orfull each monthandare free ofcharge.Each take placeononeortwoSundays of for Sundayconcerts.Theseconcerts the PublicHallanditswonderfulacoustics The Courthascontinuedtomakeavailable • Activities included: the HighCourtbuildingasacivicspace. of theCourtandtoencourageuse accessibility ofinformationaboutthework priority continuedtobetheprovision and During 2015–2016theCommittee’s Activities • • •
approximately 37,000students from across Australia,representing approximately 800school groups visit students. In2015–2016,theCourthad proven particularlypopular withschool to workasCourtGuides,andthishas has engagedanumberoflawstudents architecture oftheCourt.TheCourt school groups ontherole, historyand provides informationtovisitors and Court buildinganditscourtrooms, and which conductstoursoftheHigh and trainingoftheCourtGuideteam, the continuedrecruitment, development degree atanAustralianuniversity. residents enrolled inanundergraduate all Australiancitizensandpermanent an annualessaycompetitionopento panel oftheGovernor-General’s prize, Justice Keanechairingthejudging Convention for theNationalSchoolsConstitutional The Courthostingtheofficialdinner around Australia pre–eminent mootforlaw students grand finaloftheJessupMootin Justice Gordon presiding overthe
47 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION 48 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION summaries, judgmentsummaries and subscribers toupcomingjudgments, case The Court’s subscriptionservicesalert cent oftheCourt’s websiteusage. submissions are loadedaccountfor32per The individualcasepageswhere thewritten website, withapproximately 167,000hits. Court matters,publishedontheCourt’s the writtensubmissionsofpartiesinFull There hasalsobeensignificantinterest in with over27,000hitsduring2015–16. been asignificantuptakeofthisservice at theendofeachsittingday. There has recordings ofFullCourthearings,ordinarily has continuedtopublishaudio-visual Commencing inlate-2013,theCourt Use oftheCourt’s website communities initsCanberrabuilding. and othereventsbyembassiescultural The Court has continued to host exhibitions used aspartoftheEnlightenFestival. made availableitsforecourt area tobe MusicFestival.TheCourtalso International a performanceaspartoftheCanberra War. TheCourtalsocontinuedtohost the churches ofvillagesdevastated inthe performed inFranceduringJuly2016 Christopher Lathamandwassubsequently was directed byANZACCentenary Fellow, The performanceintheCourtJune2016 affected bytheirserviceat theSomme. six nationswhowere lost, injured ordeeply which celebratingtwelvemusiciansfrom - TheLostSongbirds oftheSomme”, Australian War Memorialentitled“Sacrifice was theconcertjointlysponsored withthe its role andhistory. Aparticularhighlight about take atouroftheCourtandlearn enjoying theperformances,are ableto visitors totheCourtwho,inaddition These concertshaveattractedover5,500 across chamber, choralandsoloworks. building duringtheyear. visitors totheHighCourt’s Canberra were approximately 40,000additional constitutional andappellaterole. There of theCourtandpresentations onits school studentsreceived guided tours During 2015–16approximately 37,000 Visitor numbers States ofAmericaandJapan. Nepal, Myanmar, SriLanka,theUnited of Korea, PapuaNewGuinea,HongKong, Kenya, SouthAfrica,Israel,theRepublic Philippines, thePeople’s RepublicofChina, lawyers andlawstudentsfrom the officials,consular government court administrators,parliamentarians, delegations ofjudges,seniorlawyers, visitors,including number ofinternational around theworld.TheCourt welcomeda legal organisationsintheregion and its manylinkswithcourts,judgesand During 2015–16,theCourtmaintained Links andvisits operation (over68,000hits). role andhistoryoftheHighCourtits (51,275 hits)andinformationaboutthe speeches givenbyJusticesoftheCourt Other popularresources accessedwere the Court media instayingabreast ofthebusiness This hasbeenparticularlyusefulforthe were 27,000subscriberstotheseservices. publications. Attheendof2015–16there Photograph courtesy ofMrPeterHislop
49 ANNUAL REPORT 2015–16 PART 6 | ADMINISTRATION Financial7 Statements
Independent Auditor’s Report 52
Financial Statements 54 PART 7|FINANCIAL STATEMENTS
51 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 52 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 53 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 54 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS Variance explanations can be found on page St Commentary Variances Budget The above statementshould be read in conjunction with the accompanying notes. for theperiod 2016 ended30 June OFSTATEMENT INCOME COMPREHENSIVE Australia Court of High
Australian Government Totalcomprehensive (loss)attributable to the Totalcomprehensive (loss) income comprehensive other Total OTHERINCOME COMPREHENSIVE (Deficit)attributable the to Australian Government Government from Revenue Net (cost of) services Total own Total gains Gains Total own Own Own expenses Total Expenses NET COSTOFSERVICES
atement of of atement Changes in assetChanges surplusin revaluation GainsOther Reversalwrite of Revenues Other charge free of received Resources Interest Rendering Sale of and Goods of Lossesfrom assetsales Write and amortisationDepreciation Suppliers Employee Benefits - - source revenue Source Income
- down
- - source income source revenue source
Comprehensive Income
and Impairmentand of Assets
- downs and Impairment and downs
Services
7 60
Notes 1.2D 1.2A 3.2A 1.1A 1.2C 1.2B 1.1C 1.1B 1.2E 1.2F
(19,590,534) (1,804,093) (1,804,093) (6,278,534) 22,509,093 13,312,000 5,890,260 8,124,274 8,446,124 4,474,441 4,474,441 2,918,559 2,908,859 2,186,065 355,066 286,213 48,435 80,875
9,700 9,700 2016 640 $ -
(17,772,720) (17,772,720) (12,941,525) (12,941,525) (18,255,195) (4,831,195) 21,167,087 13,424,000 4,801,861 7,586,808 8,631,952 2,911,892 2,898,192 2,171,323 146,425 423,078 222,963 13,700 13,700 80,828 2015 41 $ -
(18,560,000) (5,252,000) (5,252,000) (5,252,000) 21,351,000 13,308,000 4,810,000 7,766,000 8,775,000 2,161,000 2,791,000 2,791,000 Original 100,000 360,000 170,000 Budget 2016
$ ------
2
55 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 56 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS Variance explanations can be found on page Position Financial of Statement Commentary Variances Budget The above statementshould be readconjunction in with the accompanying notes. 30 June as at 2016 OFSTATEMENT POSITION FINANCIAL Australia Court of High
Total equity EQUITY Net assets Total liabilities Total Provisions Total payables Payables LIABILITIES Total assets Total non Non Total financial assets Financial assets ASSETS
Retained surplus (accumulated surplus Retained deficit) Reserves equity Contributed Employee Provisions PayablesOther Suppliers Other Intangibles cultural and Heritage Property, plantand equipment Land and InvestmentsOther Receivables Other and Trade Cash Cash and Equivalents - financial assets financial provisions Non
-
financial assets
Buildings
-
Financial AssetsFinancial
7 60
Notes 3.3A 3.2A 3.2A 3.2A 3.2A 3.1A 3.3B 3.2B 3.1 3.1B 6.1
C
(38,256,795) 188,699,663 218,491,817 169,218,014 218,491,817 221,500,686 209,355,927
12,144,759 87,530,598 15,999,035 9,500,000 2,423,272 3,008,869 2,629,190 2,629,190 4,423,840 221,487 379,679 156,339 223,340 110,119 123,270 2016 $
(31,978,261) 186,824,839 216,325,910 164,743,573 216,325,910 219,658,098 206,629,939
13,028,159 83,560,598 15,079,713 9,500,000 3,342,811 3,332,188 2,485,827 2,485,827 4,414,140 185,348 846,361 373,211 473,150 140,313 170,934 2015 $
(37,050,000) 202,372,000 177,685,000 228,167,000 228,167,000 231,290,000 222,680,000
87,532,000 16,127,000 6,587,000 1,807,000 2,417,000 3,644,000 8,610,000 3,123,000 2,417,000 Original 216,000 339,000 367,000 136,000 401,000 706,000 Budget 2016 $
3
for theperiod 2016 ended30 June OF STATEMENT CHANGES INEQUITY Australia Court of High
Closingbalances as Sub (Distribution) / Contribution of Equity Departmental capitalbudget Equity injection owners by Contributions Transactionsowners with Totalcomprehensive income (Deficit)Surplus periodfor the comprehensive Other income Comprehensive balance opening Adjusted Balance carried period forward from previous balance Opening RETAINED EARNINGS ClosingJune balances as at30 ownersTotal transactions with (Distribution) / Contribution of Equity Departmental capitalbudget Equity injection owners by Contributions Transactionsowners with Totalcomprehensive income (Deficit)Surplus periodfor the comprehensive Other income income Comprehensive balance opening Adjusted Balance carried forward balance Opening CONTRIBUTED EQUITY
- total transactions with owners transactionstotal with - - income
Appropriation Appropriation
at30 June from previous period fromprevious
(38,256,795) (31,978,261) (31,978,261) (6,278,534) (6,278,534) 83,560,598 83,560,598 87,530,598 2,520,000 1,450,000 3,970,000 2016
$ ------
(31,978,261) (27,147,066) (27,147,066) (4,831,195) (4,831,195) 79,554,598 79,554,598 83,560,598 2,557,000 1,450,000 4,006,000 (1,000) 2015
$ ------
(37,050,000) (31,798,000) (31,798,000) (5,252,000) (5,252,000) 83,562,000 83,562,000 87,532,000 2,520,000 1,450,000 3,970,000 Original Budget 2016
$ ------
4
57 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 58 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS Variance explanations can be found on page StatementChanges of inEquity Commentary Variances Budget directly equity contributed in thatyear. in which areAmounts appropriated asdesignated 'equity fora injections' y Injections Equity Accounting Policy above The for theperiod 2016 ended30 June OF STATEMENT CHANGES INEQUITY Australia Court of High
ClosingJune balances as at30 Sub (Distribution) / Contribution of Equity Departmental capitalbudget Equity injection owners by Contributions Transactionsowners with Total (Deficit)Surplus periodfor the comprehensive Other income income Comprehensive Adjusted Balance carried period forward from previous balance Opening TOTAL EQUITY ClosingJune balances as at30 Totalcomprehensive income (Deficit)Surplus periodfor the comprehensive Other income income Comprehensive balance opening Adjusted Balance carried period forward from previous balance Opening REVALUATIONASSET RESERVE
- total transactions with owners transactionstotal with comprehensive income comprehensive
statementshould be read in conjunction with the accompanying notes. opening balance opening
-
Appropriation
7 60
164,743,573 164,743,573 218,491,817 216,325,910 216,325,910 169,218,014 ear (1,804,093) (6,278,534) 4,474,441 4,474,441 3,970,000 2,520,000 1,450,000 4,474,441
and DepartmentalBudgets (DCBs) Capital are and recognised 2016
$ - -
(12,941,525) (12,941,525) (17,772,720) (12,941,525) 177,685,098 177,685,098 216,325,910 230,092,630 230,092,630 164,743,573 (4,831,195) 4,006,000 2,557,000 1,450,000 (1,000) 2015 $ -
177,685,000 229,449,000 177,685,000 228,167,000 229,449,000 177,685,000 (5,252,000) (5,252,000) 2,520,000 1,450,000 3,970,000 Original Budget 2016
$ - - - - -
5
The above statementshould be read in conjunction with the accompanying notes. for theperiod 2016 ended30 June CASH FLOW STATEMENT Australia Court of High
Cash and cash equivalents at the end of the reporting period reporting the of end the at equivalents cash and Cash period cash equivalentsCash and atthe beginning of reporting the held cash in increase/(decrease) Net Net cash Totalused cash used Cash received cash Total received Cash FINANCING ACTIVITIES Netcash from/(used activities by)investing Totalused cash used Cash received cash Total received Cash INVESTING ACTIVITIES Netcash from/(used by)operating activities Totalused cash used Cash received cash Total received Cash OPERATING ACTIVITIES
Distributed equity Distributed injectionCapital Investments ofPurchase infrastructure, plantand equipment Investments from Proceeds Suppliers Employees Other Net Interest Saleand of rendering goods of services Appropriations
GST received GST
from/(used by)financing activities
sales of property, plantand equipment
Notes 5.3 5.3
(4,409,831
14,838,02 13,312,000 15,317,73 2,423,272 3,342,811 3,970,000 3,970,000 3,970,000 4,409,83 4,409,83 6,798,149 8,519,58 (919,539 (479,708
767,491 358,9 318,670 80,87 2016 90 $ 6 5 1 1 4 5 ------) ) )
(3,602,078)
14,998,970 13,424,000 14,867,676 2,807,595 4,007,000 3,606,288 6,354,882 8,512,794 3,342,811 4,006,000 4,007,000 3,606,288 792,888 446,257 254,997 535,216 131,294 80,828 1,000 4,210 1,000 4,210 2015
$ - -
(4,028,000)
14,738,000 13,308,000 15,180,000 2,307,000 3,970,000 6,650,000 2,622,000 6,415,000 8,765,000 1,807,000 3,970,000 3,970,000 6,650,000 2,622,000 (500,000) (442,000) Original 100,000 800,000 360,000 170,000 Budget 2016
$ -
6
59 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 60 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS the valuationthe of library the and collection building assets June as at 30 following were reduced assets building of some categories and collection takingleave their service. in costsincreased on forleave rise the in reflecting the number of staff discountrates in appliedto the long service lea a of variation $212k. This variation primarily fluctuation relates the to Employee Provisions: variance arefollows: as with a of variation $13,672k. The majorfactors to this contributing Buildings and Land thelet in lastquarter of financia the Investments and Cash 2015. These changes occurred post budget. Depreciation ExplanationVariances ofMajor for theperiod 2016 ended30 June BUDGET COMMENTARY VARIANCES Australia Court of High repl funds of $2,622k to fund capitalprojects and in particular the ofvariation $2,913k phase tookphase longer andthan planned a contractfor this capitalproject was systems. Dueto complexities the associated withthe this project design
acementof building’s ventilation and the heating, air
ventilation and air ventilation Additions revaluations tookrevaluations place after budget wasthe finalised. revaluation decrementof $13,773k for2014 reflectsincrement a revaluation forof2015 $4,474k Revaluations : The u The : . The budgetprovided fora drawdown of – sefullife strata various the the within of library : The land and Building and The value: budget islower land than
Delay i : I
– Employee provisions arethan provisions higher Employee budgetwith
The actualvalue of Court’s building the nvestments are higherthan budge -conditioning systems.
n the replacement the ofn building’s the heating,
l year. l
ve liability and the the and ve liability
15. Both-15. of these conditioning -conditioning t witht a 16 and a a and -16 invested
of Comprehensive Income) assetsurplus revaluation Changes (Statement in Equity) Changes in comprehensive Other incomeof (Statement Asset Revaluation ReserveAssetRevaluation Position) BuildingsLand and (StatementFinancial of Cash received received Cash (Statementof Comprehensive Income) Cash Cash and Equivalents, OtherInvestments Income) Comprehensive Depreciation Affected line item (andStatement) Position) Position) Employee (Statement Provisions of Financial (Cash Flow Statement) ofpurchase infrastructure, plantand equipment and amortisation (Statementof –
investments, Cash used
–
Opening balance,
–
7
The above statementshould be read in conjunction with the accompanying notes. as at 30 June 2016 AD The above statementshould be read in conjunction with the accompanying notes. for theperiod 2016 ended30 June INCOME OFADMINISTERED SCHEDULE COMPREHENSIVE Australia Court of High
Net Total financial assets Receivables Other and Trade cash equivalentsCash and Financial Assets ASSETS Totalcomprehensive income Total income Total non Non Revenue Income
Sale of Goods and RenderingSale of and Goods of Services MINISTERED SCHEDULE OF ASSETS AND OF SCHEDULE MINISTERED ASSETS LIABILITIES assets/(liabilities) - taxation revenue taxation
- taxation revenue
Notes Notes 4.1A 4.1B 2.1
1,924,680 1,924,680 1,924,680 1,924,680 39,937 39,937 39,937
2016 2016 $ $ -
2,097,055 2,097,055 2,097,055 2,097,055 1,183 1,183 1,183 2015 2015 $ $ -
1,834,000 1,834,000 1,834,000 1,834,000 Original Original Budget Budget 2016 2016 $ $ - - - -
8
61 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 62 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS for theperiod ended 2016 30June ADMINISTERED RECONCILIATIONSCHEDULE Australia Court of High The for theperiod ended 2016 30June ADMINISTERED CASHFLOW STATEMENT ofschedule administered cash flows administered the in schedule. and reconciliation cashOPA are held administered by the adjustments to Court the transferred Official the to (OPA) Account Public maintained by Departmentof These the Finance. transfers from and to the Court by the collected Revenue Cash Administered tofromTransfers and Official the Account Public Accounting Policy above The
Closing atassetsJune less30 asliabilities transfersAppropriation OPA to Transfers the (to)/from AustralianGovernment Net(costby of)/contribution Opening assets lessat July liabilities as1 Cash and cash equivalents at the end of the reporting period reporting the of end the at equivalents cash and Cash Cash to OfficialPublic Account cash equivalentsCash and atthe beginning of reporting period the held cash in (decrease) increase Net Netcash from/by)(usedoperating activities received cash Total received Cash OPERATING ACTIVITIES
Fees and charges and Fees TransfersOPA to Income
above statementshould be read in conjunction with the accompanying notes. Cash to OPACash to statementshould be read in conjunction with the accompanying notes.
-
Other
services for use by the use bythe for
Governmentrather than the Court
on behalf of the Governmentand reported as such i
Notes 4.1A
is administered reve
(1,885,926) (1,885,926) 1 9241 680 1,925,863 1,925,863 1,925,863 1,925,863 39,937 39,937
1 183 183 1 2016 2016 nue. Collections areCollections nue. $ $
-
(2,095,872) 2 0972 055 2,095,872 2,095,872 4,191,744 2,095,872 2,095,872 2,095,872 n the the n 1,183 2015 2015
$ $ - -
9
Contents of Table Australia Court of High
Overview Overview 8.2. 8.1. Other Information 8. 7.3. 7.2. 7.1. Managing7. Uncertainties 6.2. 6.1. Relationships and People 6. 5.3. 5.2. 5.1. 5. Funding 4.1. and Assets 4. 3.3. 3.2. 3.1. Financial3. Position 2.1. of Government on Behalf Administered Income Expenses 2. and 1.2. 1.1. Financial1. Performance
Reporting of Outcomes Outcomes of Reporting Court the in the Custody of Money Public Measurement Value Fair Instruments Financial Liabilities Assets and Contingent Remuneration Personnel Management Senior Provisions Employee Reconciliation Flow Cash NetCash Appropriation Arrangements Appropriations Administered Payables Non Assets Financial Administered Own Expenses - ...... - Financial Assets Financial
Source Revenue and Gains ...... Liabilities Administered on Behalf of Government on Behalf Administered Liabilities ...... – –
Financial Assets Financial Income
......
......
......
......
......
......
......
......
......
......
...... 10
31 27 25 21 19 16 14 30 31 11 39 29 27 19 14 28 18 29 26 40 39 28 31 26 18 36 93 92 92 89 84 84 84 83 82 82 81 81 80 80 79 79 78 74 72 72 71 71 69 67 67 64
63 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 64 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS the mostthe thesignificant inimpact amounts on the recorded financial statements: the In process of applying accounting the listedpolicies in this Courtthe note, has made following the have judgementsthat and Judgement Accounting Significant measured. reliably can be and S The continued existenceThe by continued of CourtConstitution. the is guaranteed of Australia. Outcomeand To interpret the 1: uphold Australian Constitution and to performfunctions of ultimate the the court appellate The Cour andAustralian to Constitution perform functions the of ultimate the courtof appellate Australia. carrying of within assets amounts liabilities the and nextaccounting period. have as that identified been have estimates or assumptions accounting No Unless alternative treatmentis specifically required accounting standard. reliablymeasured. However, liabilities assets and arisingexecutor under contracts arerecognised not required unless by an flowa and future the Courtor the amounts to of sacrifice assets the economicliabilitieswill can of or be required benefitbe are specified. Unless alternative treatmentis specifically by required The financial are in statements Australian presented dollars and values theareto rounded nearest dollar otherwise unless results prices the on the or financialposition. exceptfor certain assets liabilities atfair and wherevalue. Except no allowance stated, ismadeforthe effe The financial have statements prepared been accrual on an basis and areaccordance in with historical the cost convention, of Australia (Feesof conducts The following the Court administered activities: chargesFees and a are in collected Government. the activities management involve the or oversightby on Court, the behalf of Government,of the itemsincurred controlled or by use involve the of assets, income expenses liabilities, and Administered controlled right. or incurred byin Court its the own All outcome activitiestoward this contributing are classified asdepartmental administered.either or Departmental activitie is a CommonwealthThe Court is a entity.It not Objectives of the Overview AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High The financial and statements notes are (1) required by 47 section of the Preparation Basis of The On that financial that the On basis, statements and notes have been Minister of approves. Finance general financial Underpurpose statements. section 47 (1) financial the statements to are required be such in a form as the
tatement of
recognised in therecognised in statementof financial position apply for StandardsAustralian Accounting Interpretations issuedand by Standards Australian the Accounting (AASB)Board that ReportingFinancial (FRR) Rule forreporting period
t operates solely Australia isstructured in meet and to one outcome. independent valuer. The Court’s building is purpose The fairvalue taken and ofbuildingsbeen written to the land be down replacementhas cost as determined by an
Comprehensive the reporting period. the
) Regulations High CourtHigh Australia of
Incomewhen and onlywhen the flow, consumption or loss of economic benefits has occurred
2012 Schedule 1. The fees and charges fees The and 1. Schedule 2012
Estimates -for
-profit objective entity.The of Courtisto the interpretand uphold the
by an accounting standard, income and expenses are recognised in the when and when and only when isprobable future it economicthat benefits will s ending on or after July1 2015 prepared in accordance with: accordance in prepared -built and may fact in morerealise theless in or market. an accountingan standard or
collected are transferred to consolidated arecollected revenue. to transferred High C ignificant risk ignificant ofmaterial causing aadjustment to
ourt of Australia Act Australia of ourt
, as amended as , the FRR's,assets ccordance with the the with ccordance
1979 (Cth) and are ; and ; ct of changing changing of ct
and liabilities liabilities and High Court
s 11
Reporting of A of Reporting departmental items,the including application ofAccounting Standa Australian Exc related notes. in schedule the Administered revenues, assets,expenses, andof cash liabilities administered flows items are disclosed and GST except: of net recognised are assets and expenses Revenues, is exempt The Court formsfrom allof except taxation Fringe BenefitsTax and Goods the and Services (FBT) Tax (GST). Taxation havematerial a future theimpact Court’s financialon statements. Allstandardswere that other to signoff prior the to issued areto future applicable reporting date and are periods expected not withcontracts c AASB Revenue from 15 InterpretationStandard/ financial statementsCourt’s for future reportingthe periods: by Chief the Executive& PrincipalRegistrar Chief and Financial Officer, which isexpected have to a material the impact on The following new standard was issued by the Australian Accounting Standards Board priorto the signing of the s of None the new standards, accounting No Adoption ofN Accounting Standards Australian New Measurement. and Inte Interest Gainsfrom of disposal assetsrecognised whenof areasset control the has passed to buyer. the Sale ofAssets AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High FutureStandard Australian Accounting R Court. the applicable to the currentreporting period hav
ept where ept administered for items stated, otherwise are sameon the accounted the using basis and same as for policies rest revenue isrecognised using effective the method AASB as setin Financialout Instruments: interest 139 payables. and receivables for whereof GST amount the recoverable isnot from incurred Taxation Australian the Office;and
ew ew standard has been earlieradopted applicationthan the date as statedin the standard. ustomers ustomers dministered activities dministered
Australian Standard Accounting R
amendments
30 June30 2017 for Court the Application date
to standards and standards thatto interpretations were to prior the issued sign off date
equirements equirements on impact financial afuture have to expected not are and impact, e afinancial
equirements equirements services. the company expects to be entitled in exchange forthose goods or amounts tha depictrevenue the to transferservices or of customers goods to in The new core principle entities standard’s recognise requires to 118 replacingrecognition, AASB 111 January AASB 15 impact initial application on Na
ture of impending change/s in accounting policy and likely
Revenue
2015) Revenue from contractscustomers Revenuefrom with t reflectt consideration the (that payment)is, which to and AASB 1004
is the fonew standard comprehensive rds.
Contributions Construction contracts
. (issued in(issued r revenue revenue r Recognition Recognition
tatements and are are and , AASB AASB ,
12
65 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 66 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS
Court’s assetCourt’s register of$1,145,319 leasehold improvements An asset An asset fittings fund offices rooms and located transferring at On 01 July 2016, Departmental Period Events After Reporting the AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
ed refurbishments during the period 2006 valuation a
nil cash value cash nil Law Limited Courts
was
in 2016 in completed completed including fittingincluding out at Queens Square LawatQueens Building, Courts Sydney -17.
these assets each jurisdiction. to to 2014
on 06April
(LCL) . LCL is not funded
and
$215,008 other propertyplantequipment.and individual transfer 2016 2016 by external an providing consultant a red floors with ICT furniture loose and otherfixture equipment, and
to the High the to Courtof Australia
to replacetheserepair or types of assets
. Commonwealth and NSW
assets
fair These assetswi
valueof $1,359,877, made up located in the chambers, court court chambers, the in located and is therefore therefore is and Governments ll be added to t jointly jointly he he 13
Commission.are These included not in Financial payments the High Courtof Statements Australia of the General’s a Departmentthrough adrawing specialon right appropriation held by Australian the ServicePublic The salaries the allowances to Chiefand Justices paid Justice and other are administered of Court the by Attorney the inAccountingis contained policies section foremployee related6. expenses and RelationshipsPeople Accounting 1.1. This section analyses the financial performance of the 1. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High Goods and services supplied or rendered Suppliers 1.1B: Note Totalemployee benefits Separation and BenefitsFringe Tax entitlements other and Leave Superannuation Wagessalaries and NoteEmployee 1.1A: Benefits Totaloperating lease commitments operating leases arepayable as follows: Commitmentsminimum for lease payments in relation to non in capacityThe its Court Leasing commitments Total suppliers Totalother suppliers Othersuppliers expenses Totalgoods servicesand renderedsupplied or Services rendered Goods supplied Totalgoodsservices and or supplied
Between 1 to years5 to 1 Between 1 year Within expensesWorkers compensation Operating lease rentals in Other Insurance General Consultants and other Contractors libraryElectronic subscriptions Information Travel Security Property Defined benefit plans plans contribution Defined More than 5 years than More Financial Performance Performance Financial Expenses Expenses Minimum leasepayments
Policy Technology and Communications redundancies
as lessee under terms under as lessee of aleasesmotor contract vehicles.
connection with connection
rendered
High Australia of Court -cancellable
for the year 2016ended
7,538,839 8,124,274 7,808,270 7,808,270 1,027,567 1,052,516 3,562,439 6,153,325 8,446,124 269,431 159,646 316,004 149,982 166,022 724,835 111,995 264,085 403,682 661,151 324,044 886,932 574,322 507,501 71,811 87,835 2016
. . -
$ -
. .
. 6,943,107 6,497,503 7,586,808 7,219,326 7,219,326 3,566,076 8,631,952 127,305 157,253 276,219 286,442 708,722 557,045 543,204 284,558 367,482 185,311 182,171 747,603 122,903 273,469 371,677 572,127 953,893 611,578 - 39,036 2015 14
$ -
67 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 68 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS
from leased the assets. Operating lease payments on area expensed Lease are payments between allocated component principal the and the interest expense. The dis same time and forthe same amount. ifor, lower,value present the of minimum lease inception atthe of payments contract the and a liability isrecognised att af of means by acquired is asset an Where a financenot lease. In operating leases, lessoreffectively the substantially risks all such and retains benefits. rewardslesseerisks to incidental substantiallyand ownership all the of leased assets. An lease operating isa leaseis that A ismade distinction between finance leases. leases operating leasesFinance and effectively from lessorto transfer the Accounting Policy AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High Total write Impairment of tradeand otherreceivables Write Write WriteNote1.1C:
- - count rate used is ratecount used interest the rate lease. implicit the Leased in assets are amortised overperiod the of lease. the down down -
of buildings of property, plantand equipment down and impairment of assets of impairment and down -
Down andDown Impairmentof Assets
inance lease,inance capitalised atthe asseteither the fairis value of lease the property
straight-line basis which isrepresentative of pattern the of benefits derived
48,435 33,838 7,407 7,190 2016 $
146,425 119,642 26,783 2015 he he 15
$ -
expense. Resources received freeof charge asrevenue either aregains recorded depending or on theirnature. thehaveand services been would purchased if they been not donated. had Use resources of is those recognised as an determined reliably be can value afair only when and when, revenue as recognised are charge free of received Resources Resources Received FreeCharge of Accounting Policy date bearto estimated the costs total of transaction. the The stageof completion to contracts of reporting at date isthe by determined reference the costs incurred that to proportion when: recognised is revenue The Revenue from of rendering services recognisedis by reference the to stage of contracts of completion reporting atthe date. Revenue from sale the recognisedis when: of goods Accounting Policy 1.2. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
Total other gains other Total Assets recognised for firstthe time Note write previousasset ofreversalsTotal Impairment of Reversal ReversalNoteof1.2D: write Total charge free of received Resources charge of free received Resources 1.2B: Note Totalofsale goods of rendering and services ofRendering services Sale ofgoods Sale ofNoteGoods 1.2A: Own
Total other revenue other Total Other Practitioner NoteOther 1.2C: Revenue
Property operating cost Remuneration ofauditors
the probable economic probable the thebenefits with transaction willflow Court. the to the amountof revenue, stage of completion probableis economic that it the benefits as revenuethe and transaction costs canincurred reliably be measured;and retains Court the no managerialeffective involvement nor over goods; the control risks the and Own - 1.2E: Other1.2E: Gains
Source Revenue
Resources received free of charge of free received Resources -Source Revenue and Gains Gains and -Source Revenue certificates
rewards of have ownership transferred been to the buyer;
and Rendering of Services of Rendering and
- downs and Impairment and downs
- downs and impairments and downs
sociated from willflow sociated Court. transaction the the to
and transaction costs incurred can reliablybe measured;and
2,186,065 2,131,065 286,213 242,194 80,875 80,019 44,019 55,000 9,700 9,700 2016 856
640 640 $
2,171,323 2,123,323 222,963 183,837 39,126 13,700 13,700 48,000 80,828 76,295 4,533 2015 16 $ - -
69 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 70 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS
relate activitiesare to that reciprocal nature, inin which case isrecognised revenue only when has it earned. been recognised as RevenueGovernmentwhen fromgains Court control the of appropriation, except the for thatcertain amounts for Amounts appropriated departmental forthe appropriations year (adjusted forany formal reductions)additions and Government Revenuefrom Accounting Policy AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High Revenue from Government Total revenue from Government from revenue Total Appropriations Revenue Note 1.2F: from Government
Departmental
appropriation
13,312,000 13,312,000 2016 $
13,424,000 13,424,000
are are 2015 17 $
This section analyses the activities thatthe 2. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High 2.1. departmental reporting the Government. Unless otherwise noted,the accounting policies adopted are consistentwith those applied for
Totalofsale goods of rendering and services Total ofrendering Rendering ofservices connection in with Sale ofGoods and Services of Rendering Non
Other fees hearing other and Filing Income and Administered and ExpensesIncome onBehalf of Government Administere - Taxation Revenue Taxation
services d – .
Income Income
High Court of Australia of Court High
does notcontrol butadministers on behalfof
1,924,680 1,838,085 1,924,680 86,595 2016 $
2,097,055 2,013,003 2,097,055 84,052 2015 $ 18
71 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 72 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS This section analyses the 3. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High terms Credit andfor se goods Cash isrecognised atits nominal amount. Cash and cash equivalents includes: Accounting Policy 3.1. Employee related information is disclosed in the People and Relationships section. operating liabilities incurred as result. a
Total trade and other receivables (gross) receivables and other trade Total receivables other Total Other Totalgoodsservices and receivables Goodsand receivablesservices TradeNote 3.1B: andOther Receivables Totalandcash cash equivalents Cash on hand or on deposit NoteCash 3.1A: andCash Totalimpairment allowance follows as aged allowance Impairment Totaland trade Trade andother receivables (gross)aged as follows (net) receivables and other trade Total recovered be to expected (net) receivables other and Trade (net) receivables and other trade Total Less impairmentallowance
b) cash atb) banks and deposits held atcall with banks a) cash on hand; on cash a) Overdue by: Overdue by: overdue Not No more than 12 months Other Interest Statutory receivables services and Goods Financial Position Financial
Financial AssetsFinancial
receivables Morethan 90days 61 to 90days 31 to 60days Morethan 90days 61 to 90days 31 to 60days 0 to 30 days
other receivables (gross) receivables other
and
Highof Australia Court rvices30 within weredays (2015 Equivalents
’s .
assets used to generate financial performance and the : 30 days):
. .
2,423,272 2,423,272 217,137 221,487 222,597 221,487 221,487 222,597 206,037 118,427 ( 87,610 16,560 16,560 1,110 4,720 1,110 2016 750 360 740
$ - - - - )
3,342,811 3,342,811 181,702 185,348 187,098 185,348 185,348 187,098 166,846 ( 91,533 69,984 20,252 20,252 1,750 1,750 1,977 3,419 1,750 5,329 2015
$ 19 - - - - )
1. collectabilityis of debt no longer the probable. impairment Collectabilityallowance account. isreviewed of debts atend of Allowances reporting period. made whenare Receivables and for services,goods which day have 30 terms, atthe are nominal recognised assetsFinancial are assessed for endimpairmentat the of reporting period. the Accounting Policy AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
1979. Totalother investments be recovered to expected investments Other Totalother investments Deposits NoteOther 3.1C: Investment JuneTotal as 2015 at 30 As2014 atJuly relationMovements to in 2015 Total Juneatas 30 2016 As at 2015 July Movements in relation to 2016 Reconciliationof the Allowance Impairment
Deposits Deposits held with financial as institutions authorised by CE&PR the Section under 41 of the No more than 12 months Increase/(Decrease) in recognised Increase/(Decrease) incost net ofrecognised services
1
net cost of services ofcost net
amounts due lessamounts any due Goods and and Goods Goods and 9,500,000 9,500,000 9,500,000 9,500,000 High Court ofAustralia Act services services $'000 1,750 1,110 1,750 1,750 2016 $'000 (640) $
-
9,500,000 9,500,000 9,500,000 9,500,000 $'000 Total 1,110 1,750 1,750 1,750 $'000 (640) Total 2015 $ 20 -
73 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 74 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS
High Court of Australia NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
3.2. Non-Financial Assets Note 3.2A: Reconciliation of the Opening and Closing Balances of Property, Plant and Equipment (2016)
Land Buildings Library Other Heritage Total holdings PP&E and Computer cultural1 software $ $ $ $ $ $ $ As at 1 July 2015 Gross book value 8,500,000 178,352,040 13,199,684 2,501,141 4,414,140 897,445 207,864,450 Accumulated depreciation and impairment - (27,201) (1,019) (620,092) - (726,511) (1,374,823) Total as at 1 July 2015 8,500,000 178,324,839 13,198,665 1,881,049 4,414,140 170,934 206,489,627
Additions: By purchase - 2,329,865 818,863 999,428 - 55,172 4,203,328 By other movements - - - - 9,700 - 9,700 Revaluations and impairments recognised in other comprehensive income - 4,337,179 - 137,262 - - 4,474,441 Impairments recognised in the operating result - (7,190) (5,143) (28,695) - - (41,028) Depreciation and amortisation expense - (4,785,030) (627,662) (374,732) - (102,836) (5,890,260) Disposals: - Other disposals ------Movements: - Other movements ------Total as at 30 June 2016 8,500,000 180,199,663 13,384,723 2,614,312 4,423,840 123,270 209,245,808
Total as at 30 June 2016 represented by: Gross book value 8,500,000 180,204,461 14,013,157 2,648,749 4,423,840 952,617 210,742,824 Accumulated depreciation and impairment - (4,798) (628,434) (34,437) - (829,347) (1,497,016) Total as at 30 June 2016 8,500,000 180,199,663 13,384,723 2,614,312 4,423,840 123,270 209,245,808
1Land, buildings and other property, plant and equipment that met the definition of a heritage and cultural item were disclosed in the heritage and cultural asset class. No indicators of impairment were found for intangible assets. No intangibles are expected to be sold or disposed of within the next 12 months. 21
High Court of Australia NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
Revaluations of non-financial assets All revaluations were conducted in accordance with the revaluation policy. On 30 June 2016, independent valuers conducted valuations on land and buildings, and other property, plant and equipment classes. A revaluation increment of $4,337,179 for buildings (2015: decrement $13,772,753), and a revaluation increment of $137,263 for other property plant and equipment (2015: nil) were credited to the asset revaluation reserve by asset class and included in the equity section of the statement of financial position.
Contractual commitments for the acquisition of property, plant, equipment and intangible assets The Court has entered into capital contracts for the replacement of the building's heating, ventilation and air conditioning systems, external lighting upgrades and other minor building works. Commitments are payable as follows: 2016 2015 $ $ Within 1 year 5,479,103 1,158,308 Between 1 to 5 years 3,248,373 - Total commitments1 8,727,476 1,158,308
1 Including GST
22
75 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 76 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS
High Court of Australia NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
Reconciliation of the Opening and Closing Balances of Property, Plant and Equipment (2015)
Library Heritage and Computer Land Buildings holdings Other PP&E cultural1 software Total $ $ $ $ $ $ $ As at 1 July 2014 Gross book value 8,500,000 194,302,090 12,495,977 1,765,782 3,644,445 1,103,637 221,811,931 Accumulated depreciation and impairment - (88,803) - (290,462) - (875,464) (1,254,729) Total as at 1 July 2014 8,500,000 194,213,287 12,495,977 1,475,320 3,644,445 228,173 220,557,202 Additions By purchase - 2,081,720 885,616 787,667 - 57,783 3,812,786 By other movements - - - 13,701 - 13,701 Revaluations and impairments recognised in other comprehensive income - (13,772,753) 75,234 - 755,994 - (12,941,525) Impairments recognised in the operating result - (119,642) (1,056) (25,727) - - (146,425) Depreciation and amortisation expense - (4,077,773) (257,106) (351,960) - (115,022) (4,801,861) Disposals: Other disposals - - - (4,251) - - (4,251) Total as at 30 June 2015 8,500,000 178,324,839 13,198,665 1,881,049 4,414,140 170,934 206,489,627
Total as at 30 June 2015 represented by: Gross book value 8,500,000 178,352,040 13,199,684 2,501,141 4,414,140 897,445 207,864,450 Accumulated depreciation and impairment - (27,201) (1,019) (620,092) - (726,511) (1,374,823) Total as at 30 June 2015 8,500,000 178,324,839 13,198,665 1,881,049 4,414,140 170,934 206,489,627
1Land, buildings and other property, plant and equipment that met the definition of a heritage and cultural item were disclosed in the heritage and cultural asset class.
23
Infrastructure, plant and are based on are following on the based useful lives: ratesDepreciation applying each to class of asset depreciable Depreciation assetthe therestated to revalued amount. eliminated against gross the carrying amountof asset the and Any as depreciation accumulated revaluatiatthe reverse revaluation aincrement previous forclass. that directly surplus/deficit the to extent the in theyexcept that
Library holdings equipment assetsBuilding fu adjustments are thecurrent recognised in current, andor necessary and date reporting each at reviewed are ratesDepreciation (usefullives),values methods residual and depreciation. of method useful offestimated their to values residual estimated overtheir Depreciable property, plant and equipmentassets written are decrementsRevaluation fora of class assets wasclass that recogni previously reverses revaluation decrement aprevious sameof the asset asset of heading the under equity to credited is increment revaluation Revaluation assets. volatilitymovements market of values in for relevantthe The regularity of independentvaluations depends upon the materiallyfrom assets’ the as fairvalues reporting at the date. ensu losses.Valuations are conducted with sufficientfrequency to impairment accumulated and depreciation accumulated areequipment carried atfair value less subsequent recognitionFollowing initial atcost, property, plant and Revaluations group of total). similarin significant whichitems are year (otherthan whereof acquisition theyformof part a improvements $10,000), less than which are the expensed in for less costing purchases than $3,000 (orbuilding initially in atcost Purchases of property,and equipment plant are recognised Asset ThresholdRecognition Accounting Policy AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
ture reporting periods, as reporting periods, appropriate.ture re that there that carrying of assetsdiffer amounts not do lives to the Court lives the using, to in all cases, straight the revaluation reserve therevaluation to except extent that it
adjustments a classmadeAny are on basis.
the statementthe exceptfinancial of position,
20 to 30 years 50 to 0 8 to 165 years 201 6 sed in in surplus/deficit.the sed
years
0 0
are recognised recognised are 50 years 50 8 to 165 201 on date is is date on to 35 years 35 to 5
line -line
years -
Impairment Impairment depreciated. not are and Allassets heritage cultural have and useful indefinite lives Derecognition be replacement to depreciated its cost. were Court the of asset, deprived the value its in use istaken generatefuture cash flows, the would and asset replacedbe assetan primarilyis not asset’son the dependent ability to of benefit economic future the Where asset. from the derived value present is the of future cash the flows be to expected valueand less itsofcosts disposal use. value in V The recoverableof asset an amount higheris the of fair its carryingits amount. adjustmentmade ifis asset's the amount recoverable less than recoverableis estimated amount an and impairment Where of indications impairmentexist, the Heritage and Cultural and Heritage Assets All assets wereAll assets assesse software is 3 yearssoftware is3 (2014 anticipated usefullife. Thelives useful of C the Software a straight isamortised on losses. accumulated amortisation and accumulated impairment Thesesoftwareuse. forinternal assets are carried atcost less Theintangibles comprise Court's externally acquired Intangibles treatmentsconservation material whenis at risk or damaged. adequate adopting securitymeasuresundertaking and providingcollection, appropriate storage arrangements, activitiespreservation Court's include documenting the collection, usage requirements and current condition. The them,accesswith theirto consistent significance the to activities arepreserve items maintain to collection to and significance. cultural The Court's aimsthe preservation of theyrelate their that to arepurposes for primarily used has classifiedCourt themassets heritage cultural as as and works includes rare books, furniture. antique of artand The The has a Court small collection of heritage assets which from it expected are upon disposalwhenor further no futureeconomic benefits An itemand of equipment property, plant is derecognised June impairment 2016. as at30 All software for assetswereindications assessed s use or disposal. or s use d ford impairment at 30 June 2016
- : 3 years). 15: 3
line basis over their their overbasis -line
asset’s ourt's ourt's of of alue in use use in alue . 24 if if
77 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 78 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High Settlement madeis usually 30 days.within 3.3. indicators No of impairmentwere found forother non
Totalpayables other Other payables expected be to settled Totalpayables other revenue Unearned Superannuation Wagessalaries and OtherNote 3.3B: Payables Total suppliers Suppliersbe expected to settled Total suppliers Accruals creditors Trade SuppliersNote3.3A: Totalnon other non Other Totalnon other OtherNote 3.2B: Non
No more than 12 months No Prepayments No more than 12 months Payables Payables more than 12 months
- financial assets expected to be recovered to expected assets financial
- - financial assets financial assets
- Financial AssetsFinancial
-financial assets.
110,119 156,339 223,340 110,119 110,119 110,119 156,339 156,339 128,185 223,340 223,340 211,701 23,981 11,639 4,173 2016 2016 $ $
140,313 373,211 473,150 140,313 140,313 140,313 373,211 373,211 315,388 473,150 473,150 198,444 274,706 18,701 39,122 2015 2015 $ $ 25
This section analyses assets used to generate financial performance and the operating liabilities incurred as a 4. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High 4.1. noted, the accounting policies adopted are consistentwith those applied for departmental reporting. theresult
Totalgoodsservices and receivables Goodsand receivableservices TradeNote 4.1B: andOther Receivables Totalandcash cash equivalents Cash on hand or on deposit NoteCash 4.1A: andCash Equivalents
Assets and Liabilities Administered Assets onBehalf of Liabilities Government and Administered Administered High Court of Australia of Court High –
Financial Assets Financial
does not control but administers on behalfof the Government. Unles
39,937 39,937 2016 - - $
s otherwise s 1,183 1,183 2015 26 $ - -
79 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 80 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS This section identifies the 5. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High when amounts areapplied topaid High Court the of Australia. The areAustralia amounts appropriated the directly High Court in Appropriations the Acts. are to of appropriations The 5.1.
Ordinary annual Departmental AnnualAppropriations for2015 Total departmental Other services BudgetCapital (DCB) Ordinaryservices annual Departmental AnnualAppropriations 2016 for AnnualAppropriations exclusive') GST ('Recoverable Total departmental servicesOther BudgetCapital (DCB)
Funding Appropriations Appropriations Equity Injections Equity Injections
services
Highfunding structure. of Australia Court
Annual Appropriation
Appropriation ActAppropriation Appropriation Act Appropriation Appropriation
17,431,000 13,424,000 17,282,000 13,312,000 1,450,000 2,557,000 1,450,000 2,520,000
Annual
$ $
Appropriation applied applied Appropriation in 2014 in
Appropriation applied in 2015 in and prior years) and prior -15 (currentand 16 (current (current -16 prior years)prior 13,312,000 17,431,000 13,424,000 17,282,000 1,450,000 2,557,000 1,450,000 2,520,000 $ $
Variance Variance
$ $ 27 ------
5.3. 5.2. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
Netcash from/(used by)operating activities Liabilities Assets Movements inassetsliabilities and Adjustmentsnon for Reconciliationof net cost netof services to from/(used cash by) operating activities Discrepancy cash and Cash Reconciliationofcash equivalents andcash as per statementfinancialposition statementof cash to flow Income Total comprehensive appropriation revenue through funded expenses depreciation/amortisation previouslyPlus: appropriations revenue through funded previously Totalcomprehensive income/(loss)
Increase / Increase(decrease) / payables supplier in Increase(decrease) / employeein provisions (Increase)decrease/ prepayments in (Increase)decrease/ in Reduction of Impairmentallowance Lossesfrom sale of assets Netwrite down of non Gain amortisation / Depreciation Government from Revenue Net (cost Statementof financial position Cash flow statement Cash Flow Reconciliation Reconciliation CashFlow Net Net Arrangements Cash Appropriation
-
other, assetsother, recognised for firstthe
of)/contribution by services (decrease) in other payable other (decrease)in
equivalentsper as - income/(loss) - income/(loss) cash items - financial assets net receivables net
less depreciation/amortisationexpenses
as per the Statementof Comprehensive
time
(19,590,534) (1,804,096) (5,890,260) 13,312,000 4,086,164 5,890,260 2,423,272 2,423,272 (479,70 (216,872) (43,309 (35,499) 143,363 (9,700) 30,194 41,02 (640) 2016 8 $ 9 - - ) )
(17,772,720) (12,970,859) (18,255,195) (4,801,861) 13,424,000 4,801,861 3,342,811 3,342,811 (100,246) (24,696) (13,700) 146,425 131,294 36,038 88,870 27,896 2015 41
$ 28 - -
81 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 82 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS This section describes a rangeemployment of and post 6. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High The liability forsuperannuation recognised as at June30 represen defined contributionto plans. meetsufficientto cost the current the to Government.accounts The forthe Court contributions as if theywere cont makes The Court the employercontributions to employees’ scheme superannuation by atrates actuary an determined be to notes. Australian course. Governmentin due This liability in the isreported Departmentof Finance's administered The liability fordefined benefitsthe recognisedis in financial statements of Australian the Governmentand issettled by t c adefined is PSSap The Government. Australian the for schemes benefit are defined PSS and CSS The theScheme accumulationPSS (PSS), plan (PSSap) other complying or superannuation funds. accumulation Staffare members of Court the Commonwealththe of Superan Superannuation terminations. a has developed formaldetailed for terminations andthe plan has informed employees those that affected will it carry th out Provision is made forseparation and redundancy benefit payments. The Courtrecog Separation andRedundancy inflation. estimate valueof present of the the liability account rates takes attrition and into pay and promotion increases through The liability service for determinedlong has been by leave reference work the to of actuary an as likely taken be duringservice to than rather paidon outtermination. timethe contributionemployer leave the rates including Court's superannuation to extent the istaken, the the that leave is The are leave liabilities calculated on the basis of employees' estimated atthe remuneration salarywill that applibe rates lessestimated be than the to annualentitlement for sick leave. forsick leave as leavesick all isnon The liability foremployee for annualincludes provision benefits leave service long and leave. made has been provision No Leave obligationsthe are to settlbe endatthe of reporting the period minus fair the value end atthe of reporting period the assets of plan (if any)ofout whi long Other termliabilities are employee measured as net benefit the total valueof present the of defined the benefit obligation isThe nominalamount calculated with rates regard the expected to be to paid on settlementof liability. the twelvewithin months of end the of are reporting period the measured attheir nominalamounts. Liabilities for‘short Accounting Policy 6.1. relationships with other key people.
Totalemployee provisions Employee provisions expected to be settled Totalemployee provisions Leave
More than 12 months moreNo People and Relationships and People Employee Provisions Provisions Employee
than 12 months
-term employee benefits’ AASB(as defined in 119
ed directly. ed
-vesting and average the is leave sick Court future years in taken by employees of the
-employmentbenefits provided to
nuation Scheme(CSS), the Public SectorSuperannuation ts outstandingcontributions.
Employee Benefits nises aprovisionnises when it fortermination
) and) termination 1,904,793 2,629,190 2,629,190 2,629,190 724,397
at 30 2016 ourpeople andour $
June 2016
ontribution scheme.
benefits expected schedules and
. The The . 1,510,892 2,485,827 2,485,827 2,485,827 ributions ributions 974,935 2015 ch ch ed at at ed he he $ 29
e
The number total aremanagement of that includedpersonnel senior the in aboveare table 6.2. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High SES contractSES concluded.
Totalsenior remunerationexpenses executive Totalother long long Other Total post Post Total short Short
Annual leave accrued leave Annual Long Superannuation Salary Senior Management Personnel Remuneration Remuneration Personnel Senior Management - employment benefits - term employee benefits employee term - service leave
- - employment benefits - term employee benefits term employee benefits employee term - termemployee benefits
4
.2
1,259,712 (2015: 5 170,366 946,919 170,366 946,919 142,427 60,150 82,277 2016 $ ). ).
During 2015 During
1,120,707 1,120,707 1,462,760 188,624 188,624 153,429 -16, one 57,681 95,748 2015 $ 30
83 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 84 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS This section analyses how the 7. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High 7.2. but probable virtuallynot when contingent certainsettlement and liabilities are remote. disclosed isgreater than liability or respectof in which the amount reliablycannotbe measured. Contingent assets when are settlement disclosed is Theyrelevant and schedules notes. may from arise uncertaintyto as liabilities Contingent and contingentassets recognised in arethe not statementareof but financialreported in th position Accounting Policy At30 June 2016, the Court had no quantifiable or 7.1.
Total financial assets Totalandloans receivables Loansreceivables and Total Held Financial Assets NoteCategories 7.2A: Instruments of Financial Netgains/(losses) assets from financial Netgains/(losses) and loansreceivables Interest revenue Loansreceivables and Netgains/(losses) held Interest revenue Held NetNote Gains 7.2B: Losses or on FinancialAssets Total financial liabilities Totalmeasured financial liabilities at amortised cost Financialmeasured liabilities amortised at cost Financial Liabilities
Accrued expenses Accrued payables Supplier andservices Receivable forgoods bank at Cash Term deposits Managing Uncertainties Managing Contingent Financial Instruments Financial - - to to held - - maturity investments maturity investments - to - maturity investments
Assets
-
to
- maturity investmentsmaturity
and Liabilities Liabilities and
High Court of Australia Court of High
unquantifiable contingencies.nil). (2015:
manages financial risks within its operating environment.
the existencethe of a liabilityasset representan or or asset
11,939,832 2,423,272 9,500,000 2,439,832 9,500,000 333,037 211,701 355,066 333,037 223,340 223,340 22,029 11,639 16,560 22,029 2016 $
12,863,063 3,342,811 9,500,000 3,363,063 9,500,000 388,550 198,444 274,706 423,078 388,550 473,150 473,150 34,528 20,252 34,528 2015 e
$ 31
Loans andReceivables Loans with an revenue recognisedeffective on yield basis. the cost using effective less interest method impairment, to Held- categories: classifies The following Court the financial its assets in Financial Assets Accounting Policy AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High rate. Inte effective the using method less impairment. interest receivablesLoans and measured are atamortised cost receivables'. and 'loans as classified are market active determinable fixed or paymentsare that quoted not in an loans receivables, Trade maturity are c to hold and abilityto intent positivethe has Court determinable payments fixed and maturity the dates that derivativeNon- financialfixed assetswith or to Held- through profit orloss. exceptfinancialfor assets Income an isrecognisedeffective on interest rate basis financial asset,where or, appropriate, period.a shorter future cash the receipts through expected life of the rate that ratethe exactlyinterest is estimated discounts interest income overrelevantthe The period. effective amortisedthe cost of a financial asset of allocatingand The is effective interest method a method of calculating
Effective Interest Method uponderecognised trade date. and recognised are assets Financial recognition. financialthe assets isdetermined and atthe time of initial The classification depends on the nature and purpose of Total financial liabilities Financial Liabilities Total financial assets Financial Assets Note
Accruedexpenses cost atamortised payableSuppliers atamortised Receivables and for servicesgoods Held bank at Cash rest recognisedbyis applying effective the interest (b) (a) 7.2C: Fair Value7.2C: Instruments of Financial -maturity are atamortised investments recorded -Maturity Investments
- to loans andreceivables. loans held - maturity to as held- lassified -to
-maturity investments;and
and other receivables that have have that receivables other and that are recognised recognised are that
- maturity investments. cost
at fair value fairvalue at
11,939,832 9,500,000 2,423,272 Carrying amount 211,701 223,340 11,639 16,560 2016 Financial Liabilities Statementof Comprehensive Income allowance The isrecognised loss account. in the rate.The carryingis reduced byway amount an of atflowsthe discounted asset'seffective original interest amountand the p is measured as difference the asset's the between carrying atamortisedinvestments held cost, amount the of loss the forloans andincurred receivables to or maturityheld has been loss impairment an that evidence objective having invoiced). been service or goods Liabilities cost. are recognised to extent the that the and Supplier other payables atamortised recognised are financial where liability, or, a shorter appropriate, period. paymen cash future rate that ratethe exactlyinterest is estimated discounts interest expense overrelevantthe The period. effective amortisedthe cost of a financial liability of allocating and The is effective interest method a method of calculating basi yield an effective on recognised expense the cost using effective with interest method, interest These are liabilities subsequently measured atamortised initially measured atfair net costs.value, of transaction financial Other l liabilities Financial liabilities. financial 'atliabilities fair value profit loss' through or other or Fi assetsFinancial held at amortised cost period. reporting each assetsFinancial are assessed for endimpairmentat the of FinancialImpairment of Assets Other Financial Liabilities Financial Other and derecognised upon 'trade date'. nancial liabilitiesnancial are classified asfinancial either $
11,939,832 9,500,000 2,423,272 211,701 223,340 11,639 16,560 value s have been received (and irrespective of of irrespective (and received been have s iabilities, including borrowings, are 2016 Fair resentvalue of estimated future cash ts through the the ts through expected life of the $
12,863,063 9,500,000 3,342,811 Carrying 274,706 198,444 473,150
amount 20,252 2015
. . $
-
are if thereis
recognised recognised 12,863,063 s. 9,500,000 3,342,811
274,706 198,444 473,150 20,252 value 2015 Fair $ 32
85 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 86 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
Total Ageingfinancial ofassets Total ofAgeing financial assets that Total Creditquality offinancial assets notpastdue or determined individually as impaired Total enhancements. The table following illustrates Court'sthe exposure gross torisk, credit any excluding collateralor credit collateralTheheld Court no to mitigate against ris credit applied. be were to that techniques recovery debt employees guided that procedures and policies had Court The account. allowance assessed The risk Court the of the default on paym experience otherfactors and and withcompliance Court's the credit terms bymonitored regularlyis management. qualitycredit of other The primary Court's arises risk credit from exposure business interactions Court's withon credit the tradeThe debtors. CreditNoteRisk 7.2D:
Loans and receivables Loans and receivables Loans and receivables Loans and cash equivalentsCash and receivables Loans and cash equivalentsCash and
customers is risk assessed bymanagementaccount taking financial into their position, past
that werethat past due but not impaired for 2015
were pastdue but not forimpaired 2016
0 to 30 0 to 30 $'000 4,35 3,419 4,35 3,419 $'000 days days 0 0
entand has allocated $1110 in 2016 (2015: $1750) to an impairment nor impaired Notpast due 2,423,272 2,434,372 k. 31 to31 60 31 to31 60
11,100 $'000 $'000 2016 days days 227 227
$ - -
nor impairednor Not past due due past Not 3,342,811 3,357,667
61 to61 90 61 to61 90 14,856 $'000 $'000 2015 days days
$ - - - -
Past due or or due Past 2,423,272 2,439,832 impaired 16,560 $'000 5,460 5,460 $'000 2016 2016 days days 90+ 90+
$ $ - - - - -
Past due or or due Past 3,342,811 3,363,063
impaired 20,252 $'000 Total 3,646 4,35 5,396 3,646 4,35 5,396 $'000 Total 2015 2015
0 $ $ 0 33 -
AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
Total forMaturities non Total Maturities fornon liabilities. financial assets liabilities of The and Court. the following tablesillustrates maturities the for Court'sthe financial manages The Court risk liquidity by the monitoring continuously forecast actualcash flows and with the associated Liquidity risk riskthe isthe that will not Court able tobe meet as obligations theyits fall due. LiquidityNote 7.2E: Risk
Accrued expenses Accrued payables Supplier expenses Accrued payables Supplier
- derivative liabilities financial 2015 -
derivativeliabilities financial 2016
demand demand $'000 $'000
On On
------
Within 1 Within 1 Within 198,444 274,706 211,701 473,150 223,340 11,639
$'000 $'000 year year
1 to 2 to 1 $'000 years 1 to 2 to 1 $'000 years
------
2 to 5 to 2 $'000 years 2 to 5 to 2 $'000 years
------
$'000 years $'000 years > 5 > 5
------
211,701 198,444 274,706 223,340 473,150 11,639 $'000 Total $'000 Total 34
87 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 88 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
Interest rate risk Interest rate risk Interest rate risk Interest rate risk Sensitivity entity risk analysisthe the that of for2015 to isexposed Interest rate risk Interest rate risk Interest rate risk Interest rate risk Sensitivity analysis ofthe isexposed risk thatthe entity to interestchanges the thein rates in next 12approximately months is +/ recent trend weightedThe average received on investments interest rate 2015/2016 financialthe during year Basedwas 3.085%. on interestchanges the thein rates in next 12approximately months is +/ on recenttrends and the current economic environment, managementes weightedThe cash average at received on interest rate funds bank financialduring the year2015/2016 Basedwas 1.575%. financial institutions.and The primary Court's market arises risk from exposure changesthe in interest rates Risk Market Note7.2F:
s and theeconomic current management environment, maximum the estimates that exposureto perceived ------
investments investments bank at cash bank at cash investments investments bank at cash bank at cash
Risk variable Risk variable 3.626 3.626 1.950 1.950 3.085 3.085 1.575 1.575 for 2016
- -
0.30%. 0.30%. risk variable timates maximumthe that perceived exposureto risk Change in Change in Change variable
(0.40) (0.40) (0.30) (0.30) 0.40 0.40 0.30 0.30
associated with funds held with banks % %
Netcost of Net of cost (38,000) (13,364) (28,500) services services (7,264) 38,000 13,364 28,500 7,264 Effect on Effect on
Equity Equity 35 ------
High Court of Australia NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
7.3. Fair Value Measurement
The following tables provide an analysis of assets that are measured at fair value. The remaining assets and liabilities disclosed in the statement of financial position do not apply the fair value hierarchy. The different levels of the fair value hierarchy are defined below. Level 1: Quoted prices (unadjusted) in active markets for identical assets that the entity can access at measurement date. Level 2: Inputs other than quoted prices included within Level 1 that are observable for the asset, either directly or indirectly. Level 3: Unobservable inputs for the asset or liability.
Accounting Policy The Court deems transfers between levels of the fair value hierarchy to have occurred at the end of the reporting period.
Note 7.3A: Fair value measurements, Valuation Techniques and Inputs Used
Fair value measurements at the end of the reporting period 2016 2015 Category (Level $ $ 1, 2 or 3) Valuation technique(s) and Inputs Used Financial assets Market Approach. Inputs: Prices and other relevant information generated by Investments 9,500,000 9,500,000 Level 2 market transactions. Total financial assets 9,500,000 9,500,000
Non-financial assets Market Approach: This approach seeks to estimate the current value of an asset with reference to recent market transactions involving identical or comparable assets. Inputs: Adjusted prices and other relevant information Land 8,500,000 8,500,000 Level 3 generated by market transactions involving land assets. Depreciated Replacement Cost: The amount a market participant would be prepared to pay to acquire or construct a substitute asset of comparable utility, adjusted for physical depreciation and obsolescence. Inputs: Current building replacement costs. Physical depreciation and obsolescence has been determined based on professional judgement regarding physical, economic and Buildings on freehold land 180,199,663 178,324,838 Level 3 external obsolescence factors relevant to each building component. Market Approach. Inputs: Prices and other relevant information generated by Heritage and cultural 4,423,840 4,414,140 Level 2 market transactions involving plant and equipment assets were considered. Market Approach. Inputs: Prices and other relevant information generated by Property, plant and equipment 1,487,412 1,234,787 Level 2 market transactions involving plant and equipment assets were considered.
36
89 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 90 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS
High Court of Australia NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
Depreciated Replacement Cost. Inputs: Current prices for substitute assets. Physical depreciation and obsolescence has been determined based on professional judgement regarding physical, economic and external Property, plant and equipment 1,126,900 646,262 Level 3 obsolescence factors relevant to the assets under consideration. Market Approach. Inputs: Prices and other relevant information generated by Library holdings 13,384,723 13,198,665 Level 2 market transactions involving plant and equipment assets were considered. Total non-financial assets 209,122,538 206,318,692 Total fair value measurements of assets in the statement of financial position 218,622,538 215,818,692
1. No change in valuation technique occurred during the period.
Fair value measurements – highest and best use differs from current use for non-financial assets (NFAs) The Courts assets are held to meet the operational requirements of the High Court of Australia Act 1979 and not held for the purposes of deriving a profit. The current use of all NFAs is considered their highest and best use.
Recurring and non-recurring Level 3 fair value measurements - valuation processes The Court's policy is to revalue the land and buildings asset classes annually. The Court tests the procedures of the valuation model of all other asset classes as an internal management review at least once every 12 months (with a formal revaluation undertaken once every three years). If a particular asset class experiences significant and volatile changes in fair value (i.e. where indicators suggest that the value of the class has changed materially since the previous reporting period), that class is subject to specific valuation in the reporting period, where practicable, regardless of the timing of the last specific valuation. During the 2015-16 financial year the Court procured valuation services from; Australian Valuation Solutions (AVS) for the valuation of the Court’s land and buildings assets and other property, plant and equipment. The Court has relied on valuation models provided by the consultants and written assurance was provided to the Court that the model developed is in compliance with AASB13.
Significant Level 3 inputs utilised by the entity are derived and evaluated as follows:
Buildings on freehold land - Consumed economic benefit / Obsolescence of asset
Assets that do not transact with enough frequency or transparency to develop objective opinions of value from observable market evidence have been measured utilising the cost (Depreciated Replacement Cost or DRC) approach. Under the DRC approach the estimated cost to replace the asset is calculated and then adjusted to take into account its consumed economic benefit / asset obsolescence (accumulated Depreciation). Consumed economic benefit / asset obsolescence has been determined based on professional judgement regarding physical, economic and external obsolescence factors relevant to the asset under consideration.
Land - Adjusted market transactions
The Land asset has been measured using the market approach. No directly comparable sales of land parcels having a similar size and/or development potential were identified. Sales of land parcels with varying degrees of comparability have been identified and utilised to assess the fair value of the land asset based on the Valuers professional judgement.
37
High Court of Australia NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS
Note 7.3B: Reconciliation for recurring Level 3 fair value measurements
Non-financial assets Land3 Buildings IP&E Total 2016 2015 2016 2015 2016 2015 2016 2015 $ $ $ $ $ $ $ $ As at 1 July 8,500,000 8,500,000 178,324,839 194,213,287 646,262 215,963 187,471,101 202,929,250 Total gains/(losses) recognised in net cost of services1 - - (4,785,030) (4,077,773) (90,157) (67,042) (4,875,187) (4,144,815) Total gains/(losses) recognised in other comprehensive income2 - - 4,337,179 (13,772,753) 24,286 - 4,361,465 (13,772,753) Purchases - - 2,329,866 2,081,720 545,204 501,495 2,875,069 2,583,215 Impairment - - (7,190) (119,642) (28,695) (4,154) (35,885) (123,796) Transfers into Level 3 - - - - 91,000 - 91,000 - Transfers out of Level 3 - - - - (61,000) - (61,000) - Total as at 30 June 8,500,000 8,500,000 180,199,664 178,324,839 1,126,900 646,262 189,826,563 187,471,101
1. These gains/(losses) are presented in the Statement of Comprehensive Income under depreciation and amortisation. 2. These gains/(losses) are presented in the Statement of Comprehensive Income under changes in asset revaluation surplus. 3. The land asset has been transferred into level 3 as significant professional judgement has been utilised to determine fair value. The entity's policy for determining when transfers between levels are deemed to have occurred can be found in Note 1.
Accounting Policy Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate. Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transferor accounts immediately prior to the restructuring.
38
91 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 92 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS theThese Court paid into funds an under are order of Court the a or Justice of Court. the 8.1. for the year. This section provides other 8. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
Balance June as 2016 at 30 Amounts deducted/paid out Amounts received Balances as atJuly 2015 Suitor's Fund
Other Information Other Public Money in the Custody of the the of Custody the in Public Money
disclosures
relevantto the Court High Australia of Court
financial information environment
(2,500) 12,000 14,500 5,000 2016 $
(17,500) 10,000 19,500 12,000 2015 $ 39
8.2. AND TO FORMINGNOTES FINANCIALPART OF STATEMENTS THE Australia Court of High
Total assets Assets Total liabilities Liabilities Total assets Assets Net cost/(contribution)outcome of delivery Total income Income Total own Own expenses Total Expenses MajorClasses Expenses IncomeLiabilities ofand Assets Departmental byOutcome
Fees and charges and Fees gainsOther Other Interest andservices Sale ofgoods Loss ondisposal of assets Write of down assets and amortisationDepreciation Suppliers Employees Financial assetsFinancial Provisions Payables Non assetsFinancial Reporting of Outcomes Outcomes of Reporting - source income source
- financial assets
revenue
-
source income source
209,355,92 221,500,68 12,144,759 21,515, 22,50 2,629,190 1,924,680 1,924,680 2,267,580 5,890,260 8,124,274 8,446,124 3,008,869 2,91 379,679 355,066 286,213 39,937 48,435 39,937 9,700 9,093 8,559 2016 Outcome 1 Outcome 214
$ 7 6 -
206,629,939 219,658,098 21,167,087 13,028,159 20,352,250 4,801,861 7,586,808 8,631,952 2,485,827 2,097,055 2,252,151 3,332,188 2,097,055 2,911,892
146,425 846,361 423,078 222,963 13,700 1,183 1,183 2015 41 $
221,500,68 209,355,92 22,50 12,144,759 21,515,214 1,924,680 1,924,680 5,890,260 8,124,27 8,446,124 3,008,869 2,629,190 2,918,559 2,26 379,679 355,066 286,213 4 39,937 39,937 9,093 9,700 8,435 7,580 2016 Total $ 4 6 7 -
219,658,098 206,629,939 21,167,087 13,028,159 16,158,140 4,801,861 7,586,808 8,631,952 3,332,188 2,485,827 2,097,055 2,097,055 2,911,892 2,252,151 146,425 846,361 423,078 222,963 13,700 1,183 1,183 2015 41 $ 40
93 ANNUAL REPORT 2015–16 PART 7 | FINANCIAL STATEMENTS 8Annexures
Annexure A: Annexure B:
Freedom of Information 95 Staffing Overview 100
FOI Procedures and initial contact points 97
Facilities for Access 97 an administrativenature. However, the to Registrydocumentsthatare notof As notedabove,theActdoes not apply • • • the Actinclude: ‘Prescribed Authority’forthepurposesof The officersoftheCourtwhoare nota office orotherpertainingtotheCourt. does notapplytotheholderofajudicial judicial documentsheldbytheCourt,and FoI Actappliesonlytoadministrative,non- Information Act1982(Cth)(FoIAct).The reporting requirements oftheFreedom of financial reports consistent withthe includes informationinitsannualand The HighCourtadministrationroutinely FREEDOM OFINFORMATION
and theCourtMarshal. Deputy Registrar, DeputyRegistrars, Senior Registrar, SeniorExecutive the officersperformingdutiesof Registrar oftheHighCourt the ChiefExecutiveandPrincipal the JusticesofCourt PART 8|ANNEXURES ANNEXURE A Transcripts ofallCourthearingsare also distributed through subscriptionemaillists. Court andAustLIIwebsites are also documents are publishedonboththe and judgmentsummaries.Someofthese results ofapplicationsforspecialleave, and originaljurisdictionmatters,the submissions, shortparticularsofappeals as parties’initiatingdocumentsand filed attheHighCourtRegistry, such documents related tolegalmatters The websiteprovides accessto as required undersection8oftheFoIAct. published anInformationPublicationPlan administration. TheCourthasalso of theCourt,itshistory, structure and information related tothecore business website. Itprovides awide rangeof available tothepublicisviaCourt The primarysource ofpublic information Court Rules2004. procedures inRule4.07.4oftheHigh to membersofthepublicunder case filesoftheCourtare accessible
95 ANNUAL REPORT 2015–16 PART 8 | ANNEXURES 96 ANNUAL REPORT 2015–16 PART 8 | ANNEXURES and casesummaries. upcoming judgments,judgmentsummaries profession whichallowsfornotificationof available tothepublic,mediaandlegal An emailbasedsubscriptionserviceis lodging requests forinformation. including alinkformakingFoIinquiriesand dedicated emailaddress forinquiries, includes a‘contactus’webpageand to accessinformationfrom thesite,and and search functiontoassist individuals The websitealsoincludesasitemap Court andtheartcollection. provides informationabout visitingthe and thefeatures ofeachcourtroom. Italso used initsconstruction,heritagelisting competition foritsdesign,thematerials about theCourtbuildinginCanberra– The websitealsoprovides information Justices andJustices. the Court,andtospeechesofformerChief the speechesdelivered by theJusticesof The websiteprovides access tomanyof Rules 2004. pursuant toSchedule2oftheHighCourt and theScaleofProfessional Costs, High CourtofAustralia(Fees)Regulations, a service,pursuanttoSchedule1ofthe issuing orsealingadocumentobtaining provides informationaboutfeesforfiling, notification service.Thewebsitealso and thelibrary’s current year’s newbooks Rules andForms,thelibrarycatalogue, to relevant legislation,theHighCourt in Canberra.Thewebsiteprovides links visual recordings ofFullBenchhearings accessible onthewebsite,asare audio- • • • • • • • available includes: Other informationthattheCourtmakes
link totheAustLIIwebsite is alsoavailableviathewebsite,ona appeal. Itispublishedinhard copyand appeal, andrefused specialleaveto jurisdiction, grantedspecialleaveto awaiting hearingintheCourt’s original decided, reserved forjudgment, a record ofrecent HighCourtcases: the HighCourtlibrary. Thisprovides the HighCourtBulletin,produced by public as Sundayconcerts,mootsand information aboutfunctionssuch tailored guidedtoursforofficialvisitors what theyhaveobserved debrief inanothercourtroom about watch proceedings forashorttimeand If thecourtissitting,schoolgroups workings ofeachcourtroom theyvisit. High Courtandanexplanationofthe of thehistory, role andpowersofthe arelarge. Visitors givenanoverview groups, othergroups andvisitorsat and courtrooms topre-booked school Guides stationedinthePublicHall information transmittedorallybyCourt school venue andsafetyinformationfor and dailycourtlists the Courtsittingcalendar, businesslists Conservation Act1999(Cth) Environment Protection andBiodiversity for theCourtconsistentwith the ConservationManagementPlan
lectures. excursions do othernationalinstitutions,includingthe website informationabouttheCourt,as in itspermanentexhibitionsandon of Australia(NAA).TheNAAincludes partnership withtheNationalArchives For example,theCourthasanestablished access toinformationabouttheCourt. the ParliamentaryZonetofacilitatepublic The Courtworkswithotherinstitutionsin Court Registry. can beobtainedfrom theofficesof disabilities toobtainaccessdocuments the facilitiesavailabletoassistpeoplewith addresses shownbelow. Informationabout obtaining copiesare availableatthe Facilities forexaminingdocumentsand FACILITIESFOR ACCESS Email: Fax: Telephone: Kingston ACT2604 PO Box6309 High CourtofAustralia information shouldbedirected to: or othermattersrelating to freedom of accesstodocuments Enquiries concerning CONTACT POINTS FOI PROCEDURES AND INITIAL operations oftheCourt. agencies andthepublicabout of communicationwiththemedia,relevant The Courtmaintainsappropriate channels Australian
Parliament.
[email protected] (02) 62706868 (02) 62706819
CANBERRA Registry facsimile:(02)62733025 Registry telephone:(02)62706857 Kingston ACT2604 Postal Address: POBox6309 Parkes Place,ACT2600 Supreme CourtofTasmania. services inHobartare provided bythe the FederalCourtofAustralia.Registry Darwin andPerthare provided bystaff of The RegistryservicesinAdelaide,Brisbane, and inDarwin. Registry atthecapitalcityofeachState Court inCanberra.There are officesofthe of Australiaislocatedattheseat The PrincipalRegistryoftheHighCourt
97 ANNUAL REPORT 2015–16 PART 8 | ANNEXURES 98 ANNUAL REPORT 2015–16 PART 8 | ANNEXURES SYDNEY OFFICES AROUNDAUSTRALIA Registry facsimile: (07) 3248 1260 Registry facsimile:(07)32481260 Registry telephone:(07)32481100 119 NorthQuay, BrisbaneQLD4000 Level 6,CommonwealthLawCourtsBuilding Federal CourtofAustralia BRISBANE Registry telephone:(02)92308369 Queens Square, SydneyNSW 2000 Level 23,LawCourtsBuilding Registry facsimile: (02) 9230 8376 Registry facsimile:(02)92308376
Registry facsimile:(08)92213261 Registry telephone:(08)92687100 Avenue,1 Victoria PerthWA 6000 Level 6,CommonwealthLawCourtsBuilding Federal CourtofAustralia PERTH Registry facsimile:(03)86003007 Registry telephone:(03)86003001 Street,VIC3000 Melbourne 305 William Level 17,LawCourtsBuilding MELBOURNE
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Registry facsimile: (03) 6223 7816 Registry facsimile:(03)62237816 Registry telephone:(03)62336245 Salamanca Place,HobartTAS 7000 Supreme CourtofTasmania HOBART
99 ANNUAL REPORT 2015–16 PART 8 | ANNEXURES 100 ANNUAL REPORT 2015–16 PART 8 | ANNEXURES Staff classification as at30June2016. Ongoing andnon-ongoingfull-time,part-timecasualstaff byclassificationandgender, Staff distributionbybranch/section, asat30June2016. Staff distribution part-time ongoingstaff; 34full-timeandpart-timenon-ongoingstaff and29casualstaff. under section26(4)ofthatAct.Asat30June2016theHighCourtemployed35full-timeand of employmentforstaff belowtheseniorexecutivelevelare containedintheDetermination All HighCourtstaff are employedunderthe staff asat30June2016. This Annexure comprisestwotableswhichprovide a profile oftheCourtadministration’s STAFFING OVERVIEW Registry Public Information Library Corporate Services Chambers Branch/section Total CE&PR Grand total
Classification Total EL2 Senior Executive HCE1 Office Holder HCE2 HCE3 HCE4 HCE5 HCE6 EL1 full time 12 1 2 1 3 3 2 F full time - - - - Ongoing 24 12 24 12 M 3 1 1 2 1 1 3 5 3 3 1 - - - ANNEXURE B Ongoing part time 10 1 4 2 3 F ------part time 11 11 M 1 1 3 1 4 3 ------full time 15 1979 (Cth). Conditions High CourtofAustraliaAct1979(Cth).Conditions 2 1 6 6 F ------full time Non-ongoing 31 16 31 21 M Non-ongoing 1 2 1 8 2 2 5 1 1 2 - 1 - - - part time 2 1 F 3 ------part time M 3 3 3 ------20 10 Casual
9 1 F ------Casual 29 29
29 M 11 17 8 1 9
------1 - - - 60 15 11 10 2016 3 1 9 5 6 F Total - - 2016 Total 98 27 19 18 24 38 98 M 8 2 4 2 1 1 9 1 2 9 4 5 65 10 13 13 11 2015 Total 3 2 0 7 6 F - 2015 Total 99 25 19 11 17 25 25 2 34 99 M 3 2 1 1 8 1 2 7 3 6
ANNUAL REPORT 2015–2016