Family Court and Federal Circuit Court
Family Court and Federal Circuit Court
Section 1: Entity overview and resources
1.1Strategic direction statement
The contribution of the Family Court and Federal Circuit Court to the government’s agenda is reflected in the entity’s outcome:
Provide access to justice for litigants in family and federal law matters within the jurisdiction of the courts through the provision of judicial and support services.
There are four areas of focus to assist the entity to achieve its stated purpose:
•maintaining an environment that enables judicial officers to make determinations
•provision of effective and efficient registry services
•effective and efficient management of resources
•effective information and communication technologies.
Family Court of Australia
The Family Court of Australia, through its specialist judges and staff, helps Australians to resolve their most complex family disputes.
The purpose of the Family Court, as Australia’s superior court in family law, is to:
•determine cases with the most complex law, facts and parties
•cover specialised areas in family law
•provide national coverage as the appellate court in family law matters.
Federal Circuit Court of Australia
The Federal Circuit Court of Australia provides a simple and more accessible alternative to litigation in the Family Court of Australia and the Federal Court of Australia and helps to relieve the workload of the superior federal courts. The provisions of the Federal Circuit Court of Australia Act 1999 enable the Federal Circuit Court to operate as informally as possible in the exercise of judicial powers, use streamlined procedures and make use of a range of dispute resolution processes to resolve matters without judicial decisions.
The Federal Circuit Court deals with a high volume of matters and delivers services to regional Australia through its regular circuit court programme. Its jurisdiction includes family law and child support, administrative law, bankruptcy, unlawful discrimination, consumer protection law, privacy law, migration law, trade practices law, trade mark and design, and workplace relations law.
Amalgamation of federal courts’ administrations
The Australian Government has proposed reforms under which the corporate functions of the Family Court and FederalCircuit Court will be merged with those of the Federal Court of Australia to form a single administrative body with a single appropriation under the Public Governance, Performance and Accountability Act2013 from 1 July 2016. The proposed model will preserve the courts’ functional and judicial independence while ensuring the ongoing efficient and effective delivery of shared services. As the timing of this proposed reform is subject to legislative change in the Parliament, the forward estimates do not yet reflect the amalgamation.
1.2Entity resource statement
Table 1.1 shows the total resources from all sources. The table summarises how resources will be applied by outcome and by administered and departmental classification.
Table 1.1: Entity resource statement—Budget estimates for 2015–16 as at Budget May 2015
Actualavailable appropriation 2014–15
$’000 / Estimate of prior year amounts available in 2015–16 $’000 / Proposed at Budget 2015–16 $’000 / Total estimate 2015–16 $’000
ORDINARY ANNUAL SERVICES(a)
Departmental appropriation
Prior year appropriations(b) / 22,014 / 15,038 / – / 15,038
Departmental appropriation(c) / 156,583 / – / 158,782 / 158,782
s 74 retained revenue receipts(d) / 1,590 / – / 1,475 / 1,475
Total / 180,187 / 15,038 / 160,257 / 175,295
Administered expenses
Outcome 1 / 884 / – / 892 / 892
Total / 884 / – / 892 / 892
Total ordinary annual services / 181,071 / 15,038 / 161,149 / 176,187
Total available annual appropriations / 181,071 / 15,038 / 161,149 / 176,187
SPECIAL APPROPRIATIONS
Special appropriations limited by criteria/entitlement
Public Governance, Performance and Accountability Act 2013 s 77(e) / 300 / – / 300 / 300
Total special appropriations / 300 / – / 300 / 300
Total appropriations excluding special accounts / 181,371 / 15,038 / 161,449 / 176,487
SPECIAL ACCOUNTS(f)
Opening balance / – / – / – / –
Appropriation receipts / – / – / – / –
Total special accounts / – / – / – / –
Total net resourcing for entity / 181,371 / 15,038 / 161,449 / 176,487
Notes to Table 1.1
All figures are GST exclusive.
(a) Appropriation Bill (No. 1) 2015–16.
(b) Estimated adjusted balance carried forward from previous year.
(c) Includes an amount of $6.998m in 2015–16 for the departmental capital budget (seeTable3.2.5 for further details). For accounting purposes this amount has been designated as ‘contributions by owners’.
(d) Estimated retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013.
(e) Repayments not provided for under other appropriations. Amounts received on or before 30 June 2014 were repaid under section 28 of the Financial Management and Accountability Act 1997.
(f) The estimated opening balance and budgeted appropriation receipts for special accounts exclude money held in trust for litigants. For further information on special accounts, see Table 3.1.2.
1.3Budget measures
Budget measures announced since the 2014–15 Mid-Year Economic and Fiscal Outlook(MYEFO) relating to Family Court and Federal Circuit Court are detailed in Budget Paper No.2 and are summarised in Part1 of Table1.2.
Table 1.2: Entity 2015–16 Budget measures
Part 1: Measures announced since the 2014–15MYEFO
Programme / 2014–15 $’000 / 2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000Revenue measures
Streamlining and Improving the Sustainability of Courts / 1.1
Administered revenues / – / 16,124 / 17,199 / 17,543 / 18,801
Total revenue measures / – / 16,124 / 17,199 / 17,543 / 18,801
Expense measures
Streamlining and Improving the Sustainability of Courts / 1.1
Departmental expenses / – / 4,630 / 2,317 / 3,079 / 4,029
Total expense measures / – / 4,630 / 2,317 / 3,079 / 4,029
Capital measures
Streamlining and Improving the Sustainability of Courts / 1.1
Departmental capital / – / – / 1,161 / 665 / 754
Total capital measures / – / – / 1,161 / 665 / 754
Prepared on a Government Finance Statistics (fiscal) basis.
Part 2: MYEFO measures and other measures not previously reported in a portfolio statement
The Family Court and Federal Circuit Courthas no MYEFO measures or other measures not previously reported in a portfolio statement.
Section 2: Outcomes and planned performance
2.1Outcomes and performance information
Government outcomes are the intended results, impacts or consequences of actions by the government on the Australian community. Commonwealth programmes are the primary vehicle by which government entities achieve the intended results of their outcome statements. Entities are required to identify the programmes that contribute to government outcomes over the budget and forward years.
The Family Court and Federal Circuit Court’s outcome is described below together with its related programme, specifying the performance indicators and targets used to assess and monitor the performance of the Family Court and Federal Circuit Courtin achieving government outcomes.
Outcome 1: Provide access to justice for litigants in family and federal law matters within the jurisdiction of the courts through the provision of judicial and support servicesOutcome 1 strategy
The Family Court and Federal Circuit Court’s key strategies in achieving Outcome 1 are set out in the strategic direction statement for 2015–16 in section 1.1.
Outcome 1 expense statement
Table 2.1 provides an overview of the total expenses for Outcome 1, by programme.
Table 2.1: Budgeted expenses for Outcome 1
Outcome 1: Provide access to justice for litigants in family and federal law matters within the jurisdiction of the courts through the provision of judicial and support services / 2014–15 Estimated actual expenses $’000 / 2015–16 Estimated expenses $’000Programme 1.1: Family Court and Federal Circuit Court
Administered expenses
Ordinary annual services (Appropriation Bill No. 1)(a) / 884 / 892
Special appropriations(b) / 300 / 300
Departmental expenses
Departmental appropriation(c) / 156,273 / 155,759
Expenses not requiring appropriation in the budget year(d) / 49,390 / 49,305
Total expenses for Outcome 1 / 206,847 / 206,256
2014–15 / 2015–16
Average staffing level (number) / 778 / 780
Note: Departmental appropriation splits and totals are indicative estimates and may change in the course of the budget year as government priorities change.
(a) Ordinary annual services includes appropriation for primary dispute resolution.
(b)Special appropriations consist of refunds of fees paid under section 77 of the Public Governance, Performance and Accountability Act 2013.
(c) Departmental appropriation combines ‘Ordinary annual services (Appropriation Bill No. 1)’ and ‘Revenue from independent sources (s 74)’.
(d) Expenses not requiring appropriation in the budget year are made up of depreciation and amortisation expenses of $9.963m, liabilities assumed by related entities of $10.353m and resources received free of charge of $28.989m.
Contributions to Outcome 1
Programme 1.1: Family Court and Federal Circuit CourtProgramme 1.1 objective
The programme objectives are reported separately under each of the programme components.
Programme 1.1 expenses
2014–15 Estimated actual $’000 / 2015–16 Budget $’000 / 2016–17 Forward estimate $’000 / 2017–18 Forward estimate $’000 / 2018–19 Forward estimate $’000
Annual administered expenses
Administered item / 884 / 892 / 896 / 902 / 909
Special appropriations
Public Governance, Performance and Accountability Act 2013 s 77 / 300 / 300 / 300 / 300 / 300
Annual departmental expenses
Family Court of Australia / 15,035 / 15,035 / 15,035 / 15,035 / 15,035
Federal Circuit Court of Australia / 26,780 / 26,780 / 26,780 / 26,780 / 26,780
Family Court and Federal Circuit Court Administration / 114,458 / 113,944 / 113,156 / 112,050 / 111,241
Expenses not requiring appropriation in the budget year(a) / 49,390 / 49,305 / 49,327 / 49,327 / 49,327
Total programme expenses / 206,847 / 206,256 / 205,494 / 204,394 / 203,592
(a) Expenses not requiring appropriation in the budget year are made up of depreciation and amortisation expenses, liabilities assumed by related entities and resources received free of charge.
Programme 1.1 deliverablesThe programme deliverables are reported separately under each of the programme components.
Programme 1.1 key performance indicators
The programme key performance indicators are reported separately under each of the programme components.
Component 1.1.1: Family Court of Australia
Component 1.1.1 objective
The Family Court’s objective is to support Australian families involved in complex family disputes by deciding matters according to the law, promptly, courteously and effectively. This involves:
•the provision of decisions in complex family disputes for separating Australian couples and families through the determination of matters
•providing national coverage as the appellate court in family law matters.
Component 1.1.1 expenses
2014–15 Estimated actual $’000 / 2015–16 Budget $’000 / 2016–17 Forward estimate $’000 / 2017–18 Forward estimate $’000 / 2018–19 Forward estimate $’000
Annual administered expenses
Special appropriations
Public Governance, Performance and Accountability Act 2013 s 77 / 100 / 100 / 100 / 100 / 100
Annual departmental expenses
Family Court of Australia / 15,035 / 15,035 / 15,035 / 15,035 / 15,035
Expenses not requiring appropriation in the budget year(a) / 9,702 / 9,417 / 9,417 / 9,417 / 9,417
Total programme expenses / 24,837 / 24,552 / 24,552 / 24,552 / 24,552
(a) Expenses not requiring appropriation in the budget year are made up of liabilities assumed by related entities.
Component 1.1.1 deliverablesThe Family Court’s deliverables relate to judicial services outputs, which are monitored and reviewed on an ongoing basis.
Deliverables / 2014–15 Estimated actual / 2015–16 Budget / 2016–17 Forward estimate / 2017–18 Forward estimate / 2018–19 Forward estimate
Final order finalisations / 2,843 / 2,832 / 2,845 / 2,859 / 2,872
Interim order finalisations / 3,433 / 3,413 / 3,433 / 3,452 / 3,472
Consent order finalisations / 13,283 / 14,518 / 15,513 / 16,509 / 17,504
Other finalisations / 410 / 421 / 440 / 459 / 478
Component 1.1.1 key performance indicators
The Family Court’s key performance indicators focus on the court’s ability to process matters in a timely manner.
Key performance indicators / 2014–15 Estimated actual / 2015–16 Budget / 2016–17 Forward estimate / 2017–18 Forward estimate / 2018–19 Forward estimate
Clearance rate (final orders) / 100% / 100% / 100% / 100% / 100%
Cases pending conclusion that are less than 12 months old / 75% / 75% / 75% / 75% / 75%
Reserved judgements are waiting less than three months after the conclusion of trial / 75% / 75% / 75% / 75% / 75%
Number of complaints as a percentage of applications received / 1% / 1% / 1% / 1% / 1%
Component 1.1.2: Federal Circuit Court of Australia
Component 1.1.2 objective
The Federal Circuit Court provides a simple and accessible alternative to litigation in the Family Court and Federal Court.
Where practical, parties are encouraged to resolve their disputes through dispute resolution and negotiation methods.
Component 1.1.2 expenses
2014–15 Estimated actual $’000 / 2015–16 Budget $’000 / 2016–17 Forward estimate $’000 / 2017–18 Forward estimate $’000 / 2018–19 Forward estimate $’000
Annual administered expenses
Administered item / 884 / 892 / 896 / 902 / 909
Special appropriations
Public Governance, Performance and Accountability Act 2013 s 77 / 200 / 200 / 200 / 200 / 200
Annual departmental expenses
Federal Circuit Court of Australia / 26,780 / 26,780 / 26,780 / 26,780 / 26,780
Expenses not requiring appropriation in
the budget year(a) / 936 / 936 / 936 / 936 / 936
Total programme expenses / 28,800 / 28,808 / 28,812 / 28,818 / 28,825
(a) Expenses not requiring appropriation in the budget year are made up of liabilities assumed by related entities.
Component 1.1.2 deliverablesThe Federal Circuit Court’s deliverables relate to judicial service outputs, which are monitored and reviewed on an ongoing basis.
Deliverables / 2014–15 Estimated actual / 2015–16 Budget / 2016–17 Forward estimate / 2017–18 Forward estimate / 2018–19 Forward estimate
Number of cases litigated and divorce cases processed / 92,267 / 92,796 / 94,605 / 95,238 / 96,622
Component 1.1.2 key performance indicators
The Federal Circuit Court’s key performance indicators focus on the court’s ability to process matters in a timely manner.
Key performance indicators / 2014–15 Estimated actual / 2015–16 Budget / 2016–17 Forward estimate / 2017–18 Forward estimate / 2018–19 Forward estimate
Time taken from filing to disposition of final order applications is less than 12months / 90% / 90% / 90% / 90% / 90%
Time taken from filing to disposition in all applications other than applications for final orders is less than six months / 90% / 90% / 90% / 90% / 90%
Matters resolved prior to trial / 70% / 70% / 70% / 70% / 70%
Component 1.1.3: Family Court and Federal Circuit Court Administration
Component 1.1.3 objective
The objective of the Family Court and Federal Circuit Court Administration is to assist the respective courts to achieve their stated purpose by:
•maintaining an environment that enables judicial officers to make determinations
•providing effective and efficient registry services
•effectivelyand efficiently managing resources
•providing effective information and communication technologies.
Component 1.1.3 expenses
2014–15 Estimated actual $’000 / 2015–16 Budget $’000 / 2016–17 Forward estimate $’000 / 2017–18 Forward estimate $’000 / 2018–19 Forward estimate $’000
Annual departmental expenses
Family Court and Federal Circuit Court Administration / 114,458 / 113,944 / 113,156 / 112,050 / 111,241
Expenses not requiring appropriation in the budget year(a) / 38,752 / 38,952 / 38,974 / 38,974 / 38,974
Total programme expenses / 153,210 / 152,896 / 152,130 / 151,024 / 150,215
(a) Expenses not requiring appropriation in the budget year are made up of depreciation and amortisation expenses and resources received free of charge.
Component 1.1.3 deliverablesThe Family Court and Federal Circuit Court Administration deliverables relate to family law services and the National Enquiry Centre and encompass core service standards.
Deliverables / 2014–15 Estimated actual / 2015–16 Budget / 2016–17 Forward estimate / 2017–18 Forward estimate / 2018–19 Forward estimate
Telephone enquiriesanswered / 328,459 / 330,904 / 331,214 / 333,495 / 334,462
Counter enquiriesreceived / 252,518 / 254,398 / 254,637 / 256,390 / 257,134
Email enquiriesresponded to / 111,715 / 112,546 / 112,652 / 113,428 / 113,757
Component 1.1.3 key performance indicators
The Family Court and Federal Circuit Court Administration key performance indicators relate to family law services and the National Enquiry Centre and encompass core service standards.
Key performance indicators / 2014–15 Estimated actual / 2015–16 Budget / 2016–17 Forward estimate / 2017–18 Forward estimate / 2018–19 Forward estimate
National Enquiry Centre telephone enquiries answered within 90 seconds / 80% / 80% / 80% / 80% / 80%
Counter enquiries served within 20minutes / 75% / 75% / 75% / 75% / 75%
Email enquiries responded to within twoworking days / 80% / 80% / 80% / 80% / 80%
Applications lodged processed within twoworking days / 75% / 75% / 75% / 75% / 75%
Section 3: Explanatory tables and budgeted financial statements
Section 3 presents explanatory tables and budgeted financial statements that provide a comprehensive snapshot of entity finances for the 2015–16budget year. It explains how budget plans are incorporated into the financial statements and provides further details of the reconciliation between appropriations and programme expenses, and special accounts.
3.1Explanatory tables
3.1.1Movement of administered funds between years
The Family Court and Federal Circuit Court has not moved any administered funds between years.
3.1.2Special accounts
Special accounts provide a means to set aside and record amounts used for specified purposes. Special accounts can be created by a Finance Minister’s Determination under section 78 of the Public Governance, Performance and Accountability Act 2013 or under separate enabling legislation. Table3.1.2 shows the expected additions (receipts) and reductions (payments) for each account used by the Family Court and Federal Circuit Court.
Table 3.1.2: Estimates of special account flows and balances
Outcome / Opening balance $’000 / Receipts $’000 / Payments $’000 / Closing balance $’000Litigants’ Fund Special Account—Public Governance, Performance and Accountability Act 2013 s 78 (A)(a) / 1
2015–16 / 548 / 600 / 600 / 548
2014–15 / 548 / 600 / 600 / 548
Total special accounts
2015–16 Budget estimate / 548 / 600 / 600 / 548
Total special accounts
2014–15 estimated actual / 548 / 600 / 600 / 548
(A) = Administered.
(a) The purpose of this account is to be a holding account for client moneys paid as a surety following the issuance of court orders.
3.1.3Australian Government Indigenous expenditure
The Family Court and Federal Circuit Court has no Indigenous-specific expenses.
3.2Budgeted financial statements
3.2.1Differences in entity resourcing and financial statements
The most significant difference between the Family Court and Federal Circuit Court’s entity resourcing and financial statements is that of resources received free of charge ($28.989m) and liabilities assumed by related entities ($10.353m). These costs are equally offset by expenditure in the financial statements but are not included in the entity resourcing table.
3.2.2Analysis of budgeted financial statements
Comprehensive income statement
Revenue in 2015–16 for the Family Court and Federal Circuit Court has increased
from that reported in the 2014–15 Portfolio Additional Estimates Statements due to an increase in base funding arising from the Streamlining and Improving the Sustainability of Courtsbudget measure identified in Table 1.2. As the courts work towards the proposed amalgamation of corporate functions, the Family Court and Federal
Circuit Court has been given approval to operate at a $2.500m loss in 2015–16.
The comprehensive income statement includes an approved operating loss of
$6.000m for 2014–15.
Budgeted departmental balance sheet
The Family Court and Federal Circuit Court’s net asset position for 2015–16has increased from that reported in the 2014–15 Portfolio Additional Estimates Statements due to an increase in base funding for departmental capital arising from the budget measure identified in Table 1.2. There are small variations across different categories of assets and liabilities as a result of accounting for a movement of unspent departmental capital budget funding from 2013–14 into 2014–15.
The budgeted balance sheet includes adjustments to assets, liabilities and equity for the approved operating loss for 2014–15.
Schedule of budgeted income and expenses administered on behalf of government
The administered revenue of the Family Court and Federal Circuit Court will increase consistent with the budget measureidentified in Table 1.2.
3.2.3Budgeted financial statements tables
Table 3.2.1: Comprehensive income statement (showing net cost of services)
for the period ended 30June
EXPENSES
Employee benefits / 119,829 / 119,158 / 118,688 / 118,708 / 118,728
Suppliers / 75,766 / 75,838 / 75,542 / 74,416 / 73,587
Depreciation and amortisation / 9,963 / 9,963 / 9,963 / 9,963 / 9,963
Finance costs / 105 / 105 / 105 / 105 / 105
Total expenses / 205,663 / 205,064 / 204,298 / 203,192 / 202,383
LESS:
OWN-SOURCE INCOME
Own-source revenue
Sale of goods and rendering of services / 990 / 990 / 990 / 990 / 990
Other / 600 / 485 / – / – / –
Total own-source revenue / 1,590 / 1,475 / 990 / 990 / 990
Gains
Other / 39,427 / 39,342 / 39,364 / 39,364 / 39,364
Total gains / 39,427 / 39,342 / 39,364 / 39,364 / 39,364
Total own-source income / 41,017 / 40,817 / 40,354 / 40,354 / 40,354
Net cost of (contribution by) services / 164,646 / 164,247 / 163,944 / 162,838 / 162,029
Revenue from government / 148,683 / 151,784 / 148,481 / 150,375 / 152,066
Surplus (deficit) attributable to the Australian Government / (15,963) / (12,463) / (15,463) / (12,463) / (9,963)
OTHER COMPREHENSIVE INCOME
Changes in asset revaluation surplus / – / – / – / – / –
Total other comprehensive income / – / – / – / – / –
Total comprehensive income (loss) / (15,963) / (12,463) / (15,463) / (12,463) / (9,963)
Total comprehensive income (loss) attributable to the Australian Government / (15,963) / (12,463) / (15,463) / (12,463) / (9,963)
Note: Impact of net cash appropriation arrangements
2014–15 $’000 / 2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000
Total comprehensive income (loss) excluding depreciation/amortisation expenses previously funded through revenue appropriations / (6,000) / (2,500) / (5,500) / (2,500) / –
Less depreciation/amortisation expenses previously funded through revenue appropriations / 9,963 / 9,963 / 9,963 / 9,963 / 9,963
Total comprehensive income (loss) as per the statement of comprehensive income / (15,963) / (12,463) / (15,463) / (12,463) / (9,963)
Prepared on Australian Accounting Standards basis.