FEDERAL COURT OF AUSTRALIA ANNUAL REPORT 2016–2017 Iritjinga (Eagle Hawk) belonging to the Aranda “Eventually I came across a word that, instantly, excited my attention. It was the explanation of the meaning of and Luritja Peoples of Hermannsburg (Ntaria) the word that left me with a sense of humility and how it in the Central Desert of Northern Territory was relevant to the work we do. Here is the explanation and the word is easily identified. I hope you, like me, find In 2017, when the Court was developing the it thought provoking.” – Warwick Soden requirements for its new Digital Court Program (to replace the old case management system called ‘By watching the movement of the stars the Aborigines Casetrack) it was decided that a name for the new of central Australia discerned for themselves that system was needed. certain stars neither rise nor set, i.e. they are circumpolar. Thus, they knew that the Iritjinga (Eagle) Staff were encouraged to come up with names, and constellation which was made up of some of the stars in researching one suggestion about using the name of the Southern Cross (Gamma and Delta Crucis) of a particular colour, the CEO and Principal Registrar and the Pointers (Gamma and Delta Centauri) was came across some academic work about the theory circumpolar. of colours and noticed a reference to Indigenous connections. Those ‘connections’ made him think It is interesting to note that in Aboriginal astronomy it of the idea to find an Aboriginal word that would be is not necessarily the case that only the brightest most a suitable name for the new system. conspicuous stars are grouped together when forming a constellation. This is illustrated in the case of the The CEO met with Ms Larissa Minniecon, the Court’s Aboriginal constellation Iritjinga (Eagle). Aboriginal Cultural HR Advisor, and discussed some concepts that would be suitable – something was In this group, the stars of the Southern Cross, Alpha needed that recognised that the new system would Crucis (magnitude 0.75) – the lower the magnitude include the general federal law and family law the brighter the star – and Beta Crucis (magnitude jurisdiction requirements. 1.25), are connected by their marriage classes with the Pointer Alpha Centauri (magnitude – 0.04), whereas the A few days later, Larissa produced a copy of an stars Gamma and Delta Crucis (magnitudes 1.56 and academic paper about Aboriginal Astronomy. She 2.78 respectively), are grouped with the less luminous told the CEO that he would find the ‘word’ in the paper. stars Gamma and Delta Centauri (with magnitudes 2.18 and 2.56 respectively), in disregard of their close proximity to the brilliant stars Alpha and Beta Crucis. IRITJINGA This different perspective arises as a result of correspondence within Alice Springs, NT, five different grouping the stars in Aboriginal astronomy according organisations and an article written by Dr Ragbir to family and social relationships in Aboriginal society.’ Bhathal, the author of Astronomy in Aboriginal Culture. They were all most helpful. I would like to especially ‘Iritjinga is such an appropriate representation of acknowledge Dr Ragbir Bhathal, who helped me explain Aboriginal societal knowledge. As we researched the Iritjinga constellation and approved the use of his further into Iritjinga it was such a natural phenomenon work on ‘Aboriginal Astronomy’ by granting permission for our courts as it represented exactly what our to quote his work. In Alice Springs, representatives from courts and the future of Casetrack was designed for: the NT Government Aboriginal Interpreter Service and “Aboriginal astronomy according to family and social the Strehlow Research Centre – Museum and Art Gallery relationships in Aboriginal society.” Understanding that of the Northern Territory, who looked at this request and Iritjinga (the Eagle Hawk constellation) belonged to agreed with the very fitting concept of ‘open knowledge’ the Arrernte Nation of Central Desert, Alice Springs NT and that Iritjinga had a big and powerful totem, with – I had to identify if our use of Iritjinga was permitted many sites of significance and restricted ceremonial and approved. I found it after four weeks, a lot of acts across Central Australia’. Larissa Minniecon PART 1 – OVERVIEW OF THE IMPROVING ACCESS TO THE COURT AND FEDERAL COURT OF AUSTRALIA CONTRIBUTING TOTHEAUSTRALIAN LEGAL SYSTEM 32 Introduction 32 ESTABLISHMENT 1 Practice and procedure reforms 32 OBJECTIVES 1 Assistance for self-represented litigants 33 PURPOSE 1 Interpreters 35 FUNCTIONS AND POWERS 1 Court fees and exemption 35 Freedom of information 36 THE COURT’S OUTCOME AND PROGRAM STRUCTURE 2 Access to judgments 36 JUDGES OF THE COURT 2 Information for the media and televised judgments 36 APPOINTMENTS AND RETIREMENTS DURING 2016–17 6 Community relations 36 FEDERAL COURT REGISTRIES 6 Complaints about the Court’s processes 38 Correction of errors in 2015–16 Report 38 Involvement in legal education programs and legal PART 2 – THE YEAR IN REVIEW reform activities (contribution to the legal system) 38 National Standard on Judicial Education 38 INTRODUCTION 10 Work with international jurisdictions 39 SIGNIFICANT ISSUES AND DEVELOPMENTS 10 National Court Framework 10 40th Anniversary 11 PART 4 – MANAGEMENT Organisational Review 11 OF THE COURT Digital innovation 11 FEDERAL COURT GOVERNANCE 46 Workload 12 Federal Court registry management structure 46 Performance 12 Judges’ committees 46 Financial management and organisational performance 13 Judges’ meetings 47 Merger of corporate services 13 Compliance report 47 External scrutiny 48 PART 3 – THE WORK OF Security 48 THE COURT IN 2016–17 REPORT ON CORPORATE SERVICES 48 INTRODUCTION 16 Audit and risk management 49 Purchasing 50 MANAGEMENT OF CASES AND DECIDING DISPUTES 16 Consultants 50 The Court’s jurisdiction 16 Competitive tendering and contracting 51 CHANGES TO THE COURT’S JURISDICTION IN 2016–17 18 Asset management 52 Amendments to the Federal Court of Australia Act 19 Environmental management 52 Fee Regulations 19 Management of human resources 55 Federal Court Rules 20 Information technology 59 Other Rules 20 Website 61 Approved forms 20 Digital strategy 62 Practice notes 22 Recordkeeping and information management 63 Guides 23 Library services 64 WORKLOAD OF THE FEDERAL COURT AND FEDERAL Advertising and marketing services 65 CIRCUIT COURT 23 Financial management 65 Case flow management of the Court’s jurisdiction 24 Grant programs 65 Workload of the Court in its original jurisdiction 25 The Court’s appellate jurisdiction 27 The appellate workload 27 Managing migration appeals 28 The Court’s native title jurisdiction 29 Assisted Dispute Resolution 30 Management of cases and deciding disputes by Tribunals 32 i PART 5 – REPORT OF PART 6 – APPENDICES THE NATIONAL NATIVE APPENDIX 1 TITLE TRIBUNAL FINANCIAL STATEMENTS 90 OVERVIEW OF THE TRIBUNAL 68 APPENDIX 2 Establishment 68 AGENCY RESOURCE STATEMENT 132 Functions and powers 68 APPENDIX 3 The President, Members and Native Title Registrar 69 FEDERAL COURT MANAGEMENT STRUCTURE 133 OFFICE LOCATIONS 70 APPENDIX 4 STRATEGIC VISION 70 REGISTRARS OF THE COURT 134 Vision: shared country, shared future 70 APPENDIX 5 THE YEAR IN REVIEW 70 WORKLOAD STATISTICS 137 Significant developments 70 APPENDIX 6 THE WORK OF THE NNTT IN 2016–17 75 WORK OF TRIBUNALS 152 General overview 75 APPENDIX 7 FUNCTIONS OF THE TRIBUNAL 75 DECISIONS OF INTEREST 155 Future acts 75 APPENDIX 8 Mediation 76 JUDGES’ ACTIVITIES 167 Assistance in negotiating Indigenous Land Use Agreements 76 APPENDIX 9 FUNCTIONS OF THE NATIVE TITLE REGISTRAR 76 STAFFING PROFILE 189 Claimant and amended applications: assistance and registration 77 APPENDIX 10 Indigenous Land Use Agreements: assistance and registration 77 ANNUAL PERFORMANCE STATEMENT 204 Notification 78 APPENDIX 11 Other forms of assistance 78 OUTCOME TABLES – FAMILY COURT OF AUSTRALIA The Register of Native Title Claims 79 (OUTCOME 2) AND FEDERAL CIRCUIT COURT OF The National Native Title Register 79 AUSTRALIA (OUTCOME 3) 211 The Register of Indigenous Land Use Agreements 79 APPENDIX 12 MAPS 79 INFORMATION REQUIRED BY OTHER LEGISLATION 212 MANAGEMENT OF THE TRIBUNAL 82 APPENDIX 13 Tribunal governance 82 COMPLIANCE WITH ANNUAL REPORT REQUIREMENTS 214 Financial review 82 INDEX 220 EXTERNAL SCRUTINY 83 GLOSSARY 225 Judicial decisions 83 ACRONYMS AND ABBREVIATIONS 229 Accountability to clients 83 Members’ code of conduct 83 COURT LOCATIONS 230 Online services 83 Australian Human Rights Commission 83 ANNEXURE: PRESIDENT’S AND MEMBERS’ PRESENTATIONS 2016–17 84 President’s presentations 84 Acting native title registrar’s presentations 85 Members’ presentations 86 FEDERAL COURT OF AUSTRALIA 2016–2017 ii 20 September 2017 Senator the Honourable George Brandis QC Attorney-General Parliament House CANBERRA ACT 2600 Dear Attorney-General We have pleasure in submitting the annual report on the operations of the Federal Court of Australia for the financial year ending 30 June 2017. The report is submitted in accordance with: • section 18S of the Federal Court of Australia Act 1976 • section 17AI of the Public Governance, Performance and Accountability Rule 2014 • section 46 of the Public Governance, Performance and Accountability Act 2013 This report has been prepared in accordance with the Department of Finance’s Resource Management Guide No. 135: annual reports for non-corporate Commonwealth entities (May 2017). This is the Court’s 28th annual report. Yours sincerely The Honourable James Allsop AO Warwick Soden OAM Chief Justice