Estimates of appropriations

Vote Attorney-General - Justice - Estimates 2014/2015

APPROPRIATION MINISTER(S): Attorney-General (M5)

APPROPRIATION ADMINISTRATOR: Crown Law Office

RESPONSIBLE MINISTER FOR CROWN LAW OFFICE: Attorney-General

Summary of the Vote#

Overview#

The Attorney-General is responsible for appropriations in the Vote for the 2014/15 financial year covering the following:

  • a total of $22.365 million (35% of the Vote) for the provision of legal advice and representation services to central government departments and Crown agencies on a full cost-recovery basis
  • a total of $2.924 million (4% of the Vote) for providing legal advice, representation services and administrative services to the Attorney-General and Solicitor-General to assist them in the exercise of their Principal Law Officer functions, and with the provision of legal and constitutional advice to the Government, Ministers and the judiciary
  • a total of $380,000 (1% of the Vote) for departmental capital expenditure, and
  • a total of $39.005 million (60% of the Vote) for the supervision and conduct of Crown prosecutions and appeals. This covers: conducting appeals arising from Crown prosecutions; the provision of advice on criminal law, mutual assistance and extradition matters to other government agencies and Crown Solicitors; the oversight of public prosecutions and supervision of the network of Crown Solicitors who deliver prosecution services, and the provision of a national Crown prosecution service.

Details of these appropriations are set out in Parts 2-4.

Estimates of Appropriations#

Details of Appropriations and Capital Injections#

Annual and Permanent Appropriations

2013/142014/15
Titles and Scopes of Appropriations by Appropriation TypeBudgeted
$000
Estimated
Actual
$000
Budget
$000

Departmental Output Expenses

Legal Advice and Representation (M5)

Providing legal advice and representation services to central government departments and Crown agencies.
22,36522,36522,365

The Exercise of Principal Law Officer Functions (M5)

Providing legal advice, representation services and administrative services to the Attorney-General and Solicitor-General to assist them in the exercise of their Principal Law Officer functions, and the provision of legal and constitutional advice to the Government, Ministers, and the judiciary.
1,8841,8842,924

Supervision and Conduct of Crown Prosecutions and Appeals MCOA (M5)

41,11941,119-
Conduct of Criminal Appeals
This output class is limited to conducting appeals arising from indictable matters or Crown prosecutions, including Crown appeals.
3,2893,289-
Conduct of Crown Prosecutions
This output class is limited to the provision of a national Crown prosecution service that conducts indictable matters, Crown Prosecutions and appeals to the High Court from summary and non-Crown prosecutions.
34,46034,460-
Criminal Law Advice and Services
This output class is limited to the provision of advice on criminal law, mutual assistance and extradition matters to other government agencies and to Crown Solicitors.
2,5302,530-
Supervision of the Crown Solicitor Network
This output class is limited to the supervision of the network of Crown Solicitors who deliver prosecution services.
840840-

Total Departmental Output Expenses

65,36865,36825,289

Departmental Capital Expenditure

Crown Law Office - Capital Expenditure PLA (M5)

This appropriation is limited to the purchase or development of assets by and for the use of the Crown Law Office, as authorised by section 24(1) of the Public Finance Act 1989.
722722380

Total Departmental Capital Expenditure

722722380

Multi-Category Expenses and Capital Expenditure

Supervision and Conduct of Crown Prosecutions and Appeals MCA (M5)

The overarching purpose of this appropriation is to provide for the discharge of the Solicitor-General's responsibilities in respect of the criminal law.
--39,005
Departmental Output Expenses
Conduct of Criminal Appeals from Crown Prosecutions
This category is limited to conducting appeals in the High Court, the Court of Appeal and the Supreme Court arising from Crown prosecutions.
--3,285
Criminal Law Advice and Services
This category is limited to the provision of advice on criminal law, mutual assistance and extradition matters to other government agencies and to Crown Solicitors.
--1,488
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network
This category is limited to the oversight of public prosecutions and supervision of the network of Crown Solicitors who deliver prosecution services.
--840
Provision of a National Crown Prosecution Service
This category is limited to the provision of a national Crown prosecution service that undertakes prosecutions and appeals on behalf of the Solicitor-General.
--33,392

Total Multi-Category Expenses and Capital Expenditure

--39,005

Total Annual and Permanent Appropriations

66,09066,09064,674

Supporting Information#

Part 1 - Vote as a Whole#

1.1 - New Policy Initiatives

Policy InitiativeAppropriation2013/14
Budgeted
$000
2014/15
Budget
$000
2015/16
Estimated
$000
2016/17
Estimated
$000
2017/18
Estimated
$000
Justice Sector Alcohol and Other Drug Court Funding for Defence Counsel and Prosecution Costs

Supervision and Conduct of Crown Prosecutions and Appeals (MCA)

Conduct of Crown Prosecutions
Departmental Output Expense
-232---
Total Initiatives-232---

Summary of Financial Activity#

2009/102010/112011/122012/132013/142014/152015/162016/172017/18
Actual
$000
Actual
$000
Actual
$000
Actual
$000
Budgeted
$000
Estimated
Actual
$000
Departmental
Transactions
Budget
$000
Non-
Departmental
Transactions
Budget
$000
Total
Budget
$000
Estimated
$000
Estimated
$000
Estimated
$000

Appropriations

Output Expenses67,05271,00571,85825,75625,28924,24925,289-25,28925,28925,28925,289
Benefits or Related Expenses------N/A-----
Borrowing Expenses------------
Other Expenses------------
Capital Expenditure672227534,550415722380-380645365400
Intelligence and Security Department Expenses and Capital Expenditure-------N/A----
Multi-Category Expenses and Capital Expenditure (MCA)
Output Expenses
---47,64838,77941,11939,005-39,00538,77338,77338,773
Other Expenses
------------
Capital Expenditure
------N/A-----

Total Appropriations

67,72471,23271,91177,95464,48366,09064,674-64,67464,70764,42764,462

Crown Revenue and Capital Receipts

Tax Revenue------N/A-----
Non-Tax Revenue------N/A-----
Capital Receipts------N/A-----

Total Crown Revenue and Capital Receipts

------N/A-----

Note - where restructuring of the vote has occurred then, to the extent practicable, prior years information has been restated as if the restructuring had occurred before the beginning of the period covered.

Adjustments to the Summary of Financial Activity table due to Vote Restructuring#

2009/10
Adjustments
$000
2010/11
Adjustments
$000
2011/12
Adjustments
$000
2012/13
Adjustments
$000
2013/14
Budgeted
Adjustments
$000
2013/14
Estimated
Actual
Adjustments
$000

Appropriations

Output Expenses---(47,648)(38,779)(41,119)
Benefits or Related Expenses------
Borrowing Expenses------
Other Expenses------
Capital Expenditure------
Intelligence and Security Department Expenses and Capital Expenditure------
Multi-Category Expenses and Capital Expenditure (MCA)
Output Expenses---47,64838,77941,119
Other Expenses------
Capital Expenditure------

Total Appropriations

-

-

-

-

-

-

Crown Revenue and Capital Receipts

Tax Revenue------
Non-Tax Revenue------
Capital Receipts------

Total Crown Revenue and Capital Receipts

------

As a consequence of the 2013 Amendment to the Public Finance Act, Multi Class Output Expense Appropriations (MCOAs) were converted to Multi-Category Appropriations (MCAs). The Supervision and Conduct of Crown Prosecutions and Appeals MCOA was established from 1 July 2012, therefore adjustments to the Summary of Financial Activity Table have been made only back to that date.

The decrease in 2013/14 reflects the transition to a fee model to provide sustainable Crown prosecution services.

1.4 - Reconciliation of Changes in Appropriation Structure#

Old StructureNew Structure
2013/14 Appropriations
in the 2013/14 Structure
2013/14
(Current)
$000
Appropriations to which
Expenses (or Capital
Expenditure) have been Moved from or to
Amount
Moved
$000
2013/14 Appropriations
in the 2014/15 Structure
2013/14
(Restated)
$000
2014/15
$000

Departmental Output Expense

Supervision and Conduct of Crown Prosecutions and Appeals MCOA41,119From Supervision and Conduct of Crown Prosecutions and Appeals MCOA41,119To Supervision and Conduct of Crown Prosecutions and Appeals MCA41,11939,005

Total Changes in Appropriations

41,119

41,119

41,119

39,005

Explanations of the reasons for changing the appropriation structure are noted in the details of each appropriation in Parts 2-4.

Part 2 - Details of Departmental Appropriations#

2.1 - Departmental Output Expenses#

Legal Advice and Representation (M5)

Scope of Appropriation

Providing legal advice and representation services to central government departments and Crown agencies.

Expenses and Revenue

2013/142014/15
Budgeted
$000
Estimated Actual
$000
Budget
$000
Total Appropriation22,36522,36522,365
Revenue from the Crown---
Revenue from Others22,36522,36522,365

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve the reduction of legal risks to the Crown through protecting the Crown's interests and ensuring any risks are well managed.

How Performance will be Assessed and End of Year Reporting Requirements

2013/142014/15
Assessment of Performance Budgeted
Standard
Estimated Actual
Standard
Budget
Standard

Quantity

New Matters
Advice380 - 430420380 - 430
Litigation300 - 350300300 - 350
Judicial review75 - 1257075 - 125
Matters in Progress
Advice550 - 600900650 - 750
Litigation660 - 800930700 - 800
Judicial review175 - 225230175 - 225
Matters Disposed of
Advice380 - 430310380 - 430
Litigation300 - 350280300 - 350
Judicial review75 - 1257575 - 125

Quality

Written advice and opinion peer reviewed80%65%80%
Client survey respondents consider Crown Law's service is good or excellent80%85%80%
Client survey respondents describe Crown Law's responsiveness and the clarity, accuracy and robustness of its legal advice as good or excellent80%85%80%

Timeliness

Client survey respondents consider Crown Law's timeliness is good or excellent80%75%80%
Written opinions and advice completed on time85%60%80%

Value for Money

Client survey respondents describe Crown Law's services as value for money80%65%80%

End of Year Performance Reporting

Performance information for this appropriation will be reported by Crown Law in the annual report.

Current and Past Policy Initiatives

Policy InitiativeYear of
First
Impact
2013/14
Budgeted
$000
2014/15
Budget
$000
2015/16
Estimated
$000
2016/17
Estimated
$000
2017/18
Estimated
$000
Budget 2011 Efficiency Savings2012/13(535)(535)(535)--

Memorandum Account

2013/142014/15
Budgeted
$000
Estimated Actual
$000
Budget
$000

Legal Advice and Representation

Opening Balance at 1 July5,4063,2223,222
Revenue22,36522,36522,365
Expenses(22,365)(21,865)(21,565)
Transfers and Adjustments-(500)(800)

Closing Balance at 30 June

5,4063,2223,222

Government Legal Network

Opening Balance at 1 July332261261
Revenue350--
Expenses(450)(500)(800)
Transfers and Adjustments-500800

Closing Balance at 30 June

232261261

The Exercise of Principal Law Officer Functions (M5)#

Scope of Appropriation#

Providing legal advice, representation services and administrative services to the Attorney-General and Solicitor-General to assist them in the exercise of their Principal Law Officer functions, and the provision of legal and constitutional advice to the Government, Ministers, and the judiciary.

Expenses and Revenue#

2013/142014/15
Budgeted
$000
Estimated Actual
$000
Budget
$000
Total Appropriation1,8841,8842,924
Revenue from the Crown1,8341,8342,874
Revenue from Others505050

What is Intended to be Achieved with this Appropriation#

This appropriation is intended to achieve increased trust in the justice system through the performance of the Principal Law Officers' constitutional and other duties.

How Performance will be Assessed and End of Year Reporting Requirements#

2013/142014/15
Assessment of Performance Budgeted
Standard
Estimated Actual
Standard
Budget
Standard

Quantity

New Matters
Applications processed on behalf of the Attorney-General35 - 455030 - 60
Advice on behalf of the Attorney-General100 - 120110100 - 120
Litigation on behalf of the Attorney-General5 - 10105 - 10
Matters in progress
Applications processed on behalf of the Attorney-General80 - 90200150 - 200
Advice on behalf of the Attorney-General180 - 200330250 - 300
Litigation on behalf of the Attorney-General25 - 304530 - 60
Matters disposed of
Applications processed on behalf of the Attorney-General35 - 453535 - 45
Advice on behalf of the Attorney-General100 - 1208080 - 100
Litigation on behalf of the Attorney-General5 - 10105 - 10

Timeliness - Ministerial Correspondence and Questions

Ministerial correspondence on time100%100%100%
Official Information Act and Privacy Act responses on time100%100%100%
Responses to Parliamentary questions on time100%100%100%

Quality

Attorney-General's responses to a questionnaire about service provided by Crown Law are good or excellent75%>90%>90%

End of Year Performance Reporting#

Performance information for this appropriation will be reported by Crown Law in the annual report.

Current and Past Policy Initiatives#

Policy InitiativeYear of
First
Impact
2013/14
Budgeted
$000
2014/15
Budget
$000
2015/16
Estimated
$000
2016/17
Estimated
$000
2017/18
Estimated
$000
Budget 2011 Efficiency Savings2012/13(54)(54)(54)--

Reasons for Change in Appropriation#

The difference in the 2014/15 appropriation from 2013/14 is due to a transfer of $1.040 million from this appropriation to the MCOA - Criminal Advice and Services in 2013/14 to manage internal cost pressures.

Memorandum Account#

2013/142014/15
Budgeted
$000
Estimated Actual
$000
Budget
$000

Processing of Queen's Counsel Applications

Opening Balance at 1 July-2121
Revenue405050
Expenses(40)(50)(50)
Transfers and Adjustments---

Closing Balance at 30 June

-2121

2.3 - Departmental Capital Expenditure and Capital Injections#

Crown Law Office - Capital Expenditure PLA (M5)#

Scope of Appropriation

This appropriation is limited to the purchase or development of assets by and for the use of the Crown Law Office, as authorised by section 24(1) of the Public Finance Act 1989.

Capital Expenditure

2013/142014/15
Budgeted
$000
Estimated Actual
$000
Budget
$000
Forests/Agricultural---
Land---
Property, Plant and Equipment582582240
Intangibles140140140
Other---

Total Appropriation

722722380

The capital expenditure will decrease for 2014/15 because Crown Law has completed its relocation to new accommodation in the Justice Centre.

What is Intended to be Achieved with this Appropriation

This appropriation is intended to maintain and upgrade capability through routine replacement/improvement of Crown Law's leasehold, office equipment, computer hardware, furniture and fittings, and computer software.

How Performance will be Assessed and End of Year Reporting Requirements

Expenditure is in accordance with the department's intention of capital asset management for the purpose of maintaining service levels.

End of Year Performance Reporting

Performance will be reported in Crown Law's annual report.

Capital Injections and Movements in Departmental Net Assets

Crown Law Office

Details of Net Asset Schedule2013/14
Estimated Actual
$000
2014/15
Projected
$000
Explanation of Projected Movements in 2014/15
Opening Balance5,5675,567
Capital Injections--
Capital Withdrawals--
Surplus to be Retained (Deficit Incurred)--
Other Movements--

Closing Balance

5,5675,567

Part 4 - Details of Multi-Category Expenses and Capital Expenditure#

Multi-Category Expenses and Capital Expenditure#

Supervision and Conduct of Crown Prosecutions and Appeals (M5)

Overarching Purpose Statement

The overarching purpose of this appropriation is to provide for the discharge of the Solicitor-General's responsibilities in respect of the criminal law.

Scope of Appropriation

Departmental Output Expenses
Conduct of Criminal Appeals from Crown Prosecutions
This category is limited to conducting appeals in the High Court, the Court of Appeal and the Supreme Court arising from Crown prosecutions.
Criminal Law Advice and Services
This category is limited to the provision of advice on criminal law, mutual assistance and extradition matters to other government agencies and to Crown Solicitors.
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network
This category is limited to the oversight of public prosecutions and supervision of the network of Crown Solicitors who deliver prosecution services.
Provision of a National Crown Prosecution Service
This category is limited to the provision of a national Crown prosecution service that undertakes prosecutions and appeals on behalf of the Solicitor-General.

Expenses, Revenue and Capital Expenditure

2013/142014/15
Budgeted
$000
Estimated Actual
$000
Budget
$000

Total Appropriation

--39,005

Departmental Output Expenses

Conduct of Criminal Appeals from Crown Prosecutions--3,285
Criminal Law Advice and Services--1,488
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network--840
Provision of a National Crown Prosecution Service--33,392

Funding for Departmental Output Expenses

Revenue from the Crown

--39,005
Conduct of Criminal Appeals from Crown Prosecutions--3,285
Criminal Law Advice and Services--1,488
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network--840
Provision of a National Crown Prosecution Service--33,392

Revenue from Others

---
Conduct of Criminal Appeals from Crown Prosecutions---
Criminal Law Advice and Services---
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network---
Provision of a National Crown Prosecution Service---

Comparators for Restructured Appropriation

2013/142014/15
Vote, Type and Title of Appropriation Budgeted
$000
Estimated Actual
$000
Budget
$000

Vote Attorney-General

Departmental Output Expenses

Conduct of Criminal Appeals from Crown Prosecutions3,2893,2893,285
Criminal Law Advice and Services1,4902,5301,488
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network840840840
Provision of a National Crown Prosecution Service33,16034,46033,392
Total38,77941,11939,005

The previous Supervision and Conduct of Crown Prosecutions and Appeals MCOA has been converted to a MCA. Within the new MCA, created by the transition from the expiring MCOA, titles and scopes were modified slightly to reflect better the approved purposes to which existing funding has been used under the MCOA and will continue to be used under the MCA.

What is Intended to be Achieved with this Appropriation

This appropriation is intended to achieve safer communities, reduced impact of crime, the maintenance of strong institutions and related justice sector outcomes.

How Performance will be Assessed for this Appropriation

Performance for this appropriation will be assessed against the service delivery measures for the individual categories within the appropriation.

What is Intended to be Achieved with each Category and How Performance will be Assessed

2013/142014/15
Assessment of Performance Budgeted
Standard
Estimated Actual
Standard
Budget
Standard

Supervision and Conduct of Crown Prosecutions and Appeals

Departmental Output Expenses

Conduct of Criminal Appeals from Crown Prosecutions
This category is intended to achieve safer communities, reduced impact of crime and related justice sector outcomes.
How performance will be assessed:

Quantity

New cases
Crown appeals30 - 402010 - 30
Accused appeals650 - 710570550 - 600
Cases in progress
Crown appeals40 - 455040 - 60
Accused appeals725 - 795770750 - 800
Cases closed
Crown appeals50 - 603530 - 40
Accused appeals400 - 440750650 - 750

Success Rate

Appeals concluded in favour of the Crown60%95%60%
Criminal Law Advice and Services
This category is intended to achieve safer communities, reduced impact of crime and related justice sector outcomes.
How performance will be assessed:

Quantity

New matters
Criminal advice25 - 353025 - 35
Judicial reviews3 - 533 - 5
Mutual assistance and extraditions50 - 605550 - 60
Other criminal cases50 - 605550 - 60
Requests for prosecution appeals and judicial reviews30 - 504030 - 50
Matters in progress
Criminal advice100 - 120110100 - 120
Judicial reviews5 - 1075 - 10
Mutual assistance and extraditions200 - 240220200 - 240
Other criminal cases100 - 120110100 - 120
Requests for prosecution appeals and judicial reviews20 - 403020 - 40
Matters disposed of
Criminal advice35 - 554535 - 55
Judicial reviews5 - 1035 - 10
Mutual assistance and extraditions60 - 807060 - 80
Other criminal cases65 - 857565 - 85
Requests for prosecution appeals and judicial reviews25 - 453525 - 45

Timeliness - Ministerial Correspondence and Questions

Ministerial correspondence on time100%100%100%
Official Information Act and Privacy Act responses on time100%100%100%
Oversight and Supervision of Public Prosecutions and the Crown Solicitor Network
This category is intended to achieve safer communities, reduced impact of crime and the maintenance of strong institutions.
How performance will be assessed:

Quantity

Number of quality assurance reviews (full network is reviewed through rotation every three years)345
Provision of a National Crown Prosecution Service
This category is intended to achieve safer communities, reduced impact of crime and related justice sector outcomes.
How performance will be assessed:

Quantity

New Crown prosecutions including appeals to the High Court from non-Crown prosecutions5,800 - 6,0005,9005,800 - 6,000
Crown prosecutions, including appeals to the High Court from non-Crown prosecutions, disposed of4,900 - 5,1005,0004,900 - 5,100
Hours of service provided230,000 - 250,000240,000230,000 - 250,000

Quality

Reviews, quality assessed as exceeding or meeting expected standards335
Improvement recommendations implemented within timeframes set>90%100%>90%

End of Year Performance Reporting

Performance information for this appropriation will be reported by Crown Law in the annual report.

Current and Past Policy Initiatives

Policy InitiativeYear of
First
Impact
2013/14
Budgeted
$000
2014/15
Budget
$000
2015/16
Estimated
$000
2016/17
Estimated
$000
2017/18
Estimated
$000

Conduct of Criminal Appeals from Crown Prosecutions

Budget 2011 Efficiency Savings2012/13(62)(62)(62)--
Increases in jury trials and appeals arising from the introduction of alcohol interlocks, zero drinking limit for repeat offenders, and increased penalties for dangerous/reckless and impaired driving etc causing death2012/132218---

Criminal Law Advice and Services

Budget 2011 Efficiency Savings2012/13(621)(621)(621)--

Provision of a National Crown Prosecution Service

Justice Sector Alcohol and Other Drug Court Funding for Defence Counsel and Prosecution Costs2014/15-232---
Increases in jury trials and appeals arising from the introduction of alcohol interlocks, zero drinking limit for repeat offenders, and increased penalties for dangerous/reckless and impaired driving etc causing death2011/12169167---
Expansion of police DNA investigation power - funding to implement the Act from 1 February 20102010/11400400400--

Reasons for Change in Appropriation

This is a new appropriation that has been transitioned from Supervision and Conduct of Crown Prosecutions and Appeals MCOA. The decrease in this appropriation for 2014/15 is due to:

  • carrying over the 2012/13 surplus of $1.300 million to 2013/14, and
  • a transfer of $1.040 million from Departmental Output Expense - The Exercise of Principal Law Officer Functions in 2013/14

These decreases are partially offset by an increase of $232,000 approved for 2014/15 for justice sector alcohol and other drug court funding for defence Counsel and prosecution costs.