External scrutiny and accountability

The Independent Evaluation Committee (IEC) is an external body that oversees the work of the ODE (see p. 142) in quality assuring and evaluating the performance of the Australian aid program. It provides independent strategic and technical advice on all aspects of ODE’s work. The committee has three external members (former World Bank Vice President, Jim Adams, is the chair) and one DFAT representative (at deputy secretary level). The Department of Finance also attends IEC meetings in an observer capacity. The committee met three times in 2016–17.

Departmental officers appeared as witnesses before the Joint Standing Committee on Treaties (JSCOT) in relation to 10 proposed treaty actions. This figure does not include occasions on which the department’s Treaties Secretariat staff attended JSCOT hearings in an observer or advisory capacity. Officers also appeared as witnesses before one Senate Committee, one Parliamentary Standing Committee,  and one Joint Select Committee.

The department managed a range of legal matters before courts and tribunals during the year (see Appendix 5).

The Commonwealth Ombudsman commenced nine investigations with respect to the department’s activities in 2016–17. There was one notice provided to the department under subsection 12(4) of the Ombudsman Act 1976, but no formal reports were issued.

The department finalised 240 freedom of information (FOI) applications in 2016–17. On external review the Information Commissioner affirmed two substantive FOI decisions, set aside two administrative decisions, and declined to investigate one other application for review. No privacy complaints concerning the department were investigated by the Information Commissioner.

Detailed information on the department’s management of FOI requests can be found on the Office of the Australian Information Commissioner’s website at: oaic.gov.au/freedom-of-information/foi-resources/freedom-of-information-reports/.

To meet requirements of the Freedom of Information Act 1982 (FOI Act), we continued to publish information under the Information Publication Scheme contained in Part II of the FOI Act. The content is available at:
http://www.dfat.gov.au/foi/ips.html.

The AHRC is continuing to investigate a complaint made in relation to the department’s activities. The complaint was made in a previous financial year.

The department facilitated the enactment of the Passport Legislation Amendment (Overseas Travel by Child Sex Offenders) Act 2017, the Civil Nuclear Transfers to India Act 2016 and the Registration of Deaths Abroad Amendment Act 2016. The department also facilitated the making of a number of legislative instruments, including: the Charter of the United Nations (Sanctions—Democratic People’s Republic of Korea) Amendment (2017 Measures No. 1) Regulations 2017; Charter of the United Nations (Sanctions—Democratic People’s Republic of Korea) (Documents) Instrument 2017; Charter of the United Nations (Sanctions—Democratic People’s Republic of Korea) (Luxury Goods) Instrument 2017; Consular Fees Amendment (Fees and Indexation) Regulation 2016; Registration of Deaths Abroad Amendment Regulations 2017; International Organisations (Privileges and Immunities—Organisation for the Prohibition of Chemical Weapons) Regulation 2016, and the Diplomatic Privileges and Immunities (Indirect Tax Concession Scheme) Amendment (Estonia and Pakistan) Determination 2017.

The department provided input to legislation managed by agencies within the portfolio and contributed to the development of legislation initiated by other agencies that affected the foreign affairs and trade portfolio.

In 2016–17 the Auditor-General tabled in Parliament the following reports by the Australian National Audit Office (ANAO) related to the department’s operations:

• Report No. 6: Corporate Planning in the Australian Public Sector
• Report No. 7: Interim Phase of the Audits of the Financial Statements of Major General Government Sector Entities for the year ending 30 June 2016
• Report No. 18: Confidentiality in Government Contracts: Senate Order for Departmental and Entity Contracts (Calendar Year 2015 Compliance)
• Report No. 33: Audits of the Financial Statements of Australian Government Entities for the Period Ended 30 June 2016.

Details of these reports are on the ANAO website.

Fourteen new claims were made under the scheme for compensation for detriment caused by defective administration. The department resolved 11 cases, including applications made in previous financial years. Of these, seven applications for compensation were accepted and four were rejected. Eight cases remained in progress at the end of the financial year.

One application for an act of grace payment relating to the department’s activities was received and was in progress with the Department of Finance at the end of the financial year.