Michaelia Cash (WA, Liberal Party, Shadow Parliamentary Secretary for Immigration) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Immigration and Citizenship, upon notice, on 14 August 2012:

(1)   Why are departmental financial systems unable to extract the cost of litigation solely involving asylum seekers and detainees.

(2)   What costs are able to be extracted by departmental financial systems.

(3)   In regard to the $9.536 million spent on external litigation services during the 2011-12 financial year, to 31 December 2011: (a) can a breakdown be provided detailing exactly what this expenditure relates to, other than judicial review of migration and citizenship decisions; and (b) how many external providers provided litigation services to the department in relation to this figure.

(4)   How is the department invoiced for external litigation services.

(5)   Who is able to provide external litigation services to the department.

(6)   In regard to external litigation services during the 2011-12 financial year, for the periods up to 31 December 2011 and 30 June 2012, under the department’s model litigant obligations: (a) for how many cases did the department receive advice that it should not pursue litigation due to the case being assessed as not having a reasonable prospect of success; and (b) did the department pursue any cases for which it received such advice; if so, how many and why.

(7)   Can an updated figure be provided detailing the cost of defending and/or prosecuting legal actions by asylum seekers and detainees over the 2011-12 financial year.

Is $9.536 million the total cost of defending and/or prosecuting legal actions by asylum seekers and detainees for the 2011-12 financial year; if not, what is the actual figure.

How many claims brought by asylum seekers did the Government defend in the 2011-12 financial year, and the 2012-13 financial year to date.

Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Link to this | Hansard source

The Minister for Immigration and Citizenship has provided the following answers to the honourable senator's questions:

(1) The department does not record litigation expenditure for asylum seekers separate from other legal activities. It is not possible to extract costs relating solely to asylum seekers and detainees. As a result, the analysis to answer the question would require significant resources to identify the separate transactions relating to asylum seeker litigation costs.

(2) The department is able to extract litigation expenditure and provide details on our professional fees, counsel fees and disbursements for all related activities.

(3) (a)    $9.536 million was spent on external litigation services during 2011-12 financial year to 31 December 2011. This expenditure related to:

(b)    A total of five external providers provided litigation service so the department during the 2011-12 financial year to 31 December 2011.

(4) Each external litigation service provider submits one aggregated invoice to the department on a monthly basis. It includes all matters and the services provided to the department during the period. This arrangement has been put in place to minimise administration overhead rather than receiving separate invoices for hundreds of individual matters and services.

(5) Australian Government Solicitor, Clayton Utz, DLA Piper, Sparke Helmore and Minter Ellison provide external litigation services to the department under the current Legal Services Panel arrangements.

(6) During the 2011-12 financial year, for the period up to 31 December, the department received 91 advices that it should not pursue litigation due to the case being assessed as not having reasonable prospects of success. For the period from 1 January 2012 to 30 June 2012, the department received 73 advices that it should not pursue litigation due to the case being assessed as not having reasonable prospects of success. The department did not pursue any cases to hearing for which it received such advice.

(7) No, a figure cannot be provided from the department’s financial system detailing the cost of defending and/or prosecuting legal actions by asylum seekers and detainees over the 2011-12 financial year.

No, the figure of $9.536 million is not the total cost of defending and/or prosecuting legal actions by asylum seekers and detainees for the 2011-12 financial year. As addressed in response to question one, this information cannot be extracted from the departmental financial system.

In the 2011-12 financial year, the department defended 1,090 claims to hearing brought by persons seeking judicial review of Independent Merits Review and Refugee Review Tribunal decisions. In the 2012-13 financial year to 31 July 2012, the department defended 71 claims to hearing brought by persons seeking judicial review of Independent Merits Review and Refugee Review Tribunal decisions.