National Commission of Audit ... Two outstanding recommendations ... Merge the Federal Courts ... Flog off the AGS
THERE are two important buried gems deep down in the bowels of the National Commission of Audit report - released yesterday (May 1).
Both have consequences for the law and justice business.
On page 213 of the NCA's first report there was this nifty suggestion:
"It would be possible to merge the Federal Court of Australia with the Family Court and Federal Circuit Court of Australia. This would reduce administrative costs and provide additional opportunities to share facilities and streamline back-office functions to achieve more efficient administration of justice.
The Australian Law Reform Commission should also have its functions moved into the Attorney General's Department (recognising the need to maintain its statutory mandate)."
Presumably all those reserved judgment would be merged under one roof as well.
Tony Shepherd: chairman of the Commission of Audit
As if that were not enough of a disruptive thought, there was this in the second report, at page 92-93:
"The Australian Government Solicitor houses much of the Commonwealth's expertise in areas of tied legal work, such as the Constitution, Cabinet, national security and public international law.
Under the Attorney General's Legal Services Directions, only the Australian Government Solicitor and other tied providers are permitted to advise the government on these matters.
The Attorney General's Department is responsible for the provision of legal advice to the Attorney General, as Australia's first law officer, and to the government as a whole.
Recognising that the division of these responsibilities is less than ideal, the Commission considers the department's role in the provision of coordinated and strategic advice could be substantially strengthened if the Australian Government Solicitor's functions most closely related to the core executive activities of government were consolidated into the Attorney General's Department – namely those functions provided by the Office of General Counsel.
This would enhance the department's capacity to fully deliver its important strategic role, and would better serve the Attorney General and the government of the day.
The Commission notes the remainder of the Australian Government Solicitor primarily competes with the private sector in the contestable government legal services market.
Consistent with the Principles of Good Government outlined in the Phase One Report, the Commission sees no compelling rationale for this.A review should occur, which establishes options to wind-up the remainder of entity, including the possible sale of the Australian Government Solicitor's client book."
Flogging off the AGS has been a longstanding wet dream of the dries.
Since the Audit Commission was really a branch of the Business Council of Australia and the BCA is calling most of the shots for the Abbott government, then stand-by for the For Sale sign.
The NCA also provides a handy overview of the entire AGs department showing the ambit of Soapy Brandis' realm.
See: AGs portfolio