Performance

This section sets out the intended actions and high-level key activities of each court and the National Native Title Tribunal, consistent with each of their purposes, over the four years of this plan.

Federal Court of Australia

Our Purpose

To decide disputes according to law as quickly, inexpensively and efficiently as possible.

Our outcome

Apply and uphold the rule of law for litigants in the Federal Court of Australia and parties in the National Native Title Tribunal through the resolution of matters according to law and through the effective management of the administrative affairs of the Court and Tribunal.

Our guiding principles

• Deliver efficient and just dispute resolution.
• Improve access to justice.
• Contribute to the Australian legal system — strengthen relations with court users.
• Build public trust and confidence.

Our key activities

For 2022–23 (and the outlook period through to 2026), the Federal Court of Australia will progress the following key activities:

Table 2: Federal Court of Australia key activities, 2022–23 to 2025–26

2022–23 significant initiatives

• Modernise the Electronic Court File, incorporating case management, workload management and dashboards within a single platform.
• Develop tailored resources and educational materials via different channels to assist court users.
• Develop and deliver seminars, lectures and training to improve access to justice, education on new services and other topics of relevance.
• Develop new functional accommodation design principles to facilitate the use of new digital hearing technologies.

How we will measure our performance

The key outcome measure for the Federal Court is contained in the Portfolio Budget Statements. Across its jurisdiction, the Court will apply and uphold the rule of law for litigants in the Federal Court and parties in the National Native Title Tribunal through the resolution of matters according to law and through the effective management of the administrative affairs of the Court and the National Native Title Tribunal.

The Court maintains two time goals to measure the performance of its work. All strategies, priorities and key activities are designed to support the achievement of these performance goals. The Annual Performance Statement, published in the Court’s annual report, will report on the success of the plan to achieve timely completion of cases.

Table 3: Federal Court of Australia performance measures, 2022–23 to 2025–26

Measure of success

• Increased mediation and case management support work for judges.
• Registrar resources utilised more effectively on a national basis to address workload demands.
• Additional equipment and optimised hybrid model of remote and in-person hearings that emerged as a result of COVID-19.
• Expanded use of video conferencing and Internet streaming to reduce barriers to access hearings for parties, witnesses, journalists and members of the public.
• Improved multi-function facilities to accommodate remote hearings, enabling judges, witnesses and parties to be linked in to matters being heard in other locations, thus minimising travel expenses, improving access to justice and freeing up courtrooms for other hearings.
• Established user groups for each NPA and improved liaison with the profession.
• Developed practices and procedures for NPAs.
• Continued ongoing support for judges through judicial education.

National Native Title Tribunal

Our Purpose

The National Native Title Tribunal is an independent body established by the Native Title Act 1993. The purpose of the National Native Title Tribunal is to perform the functions conferred upon it by the Act in accordance with the directions contained in section 109, ethically, efficiently, economically and courteously, thus advancing the purposes underlying the Act, particularly reconciliation amongst all Australians.

Our guiding principles

• Facilitate recognition of native title rights and interests pursuant to the Native Title Act 1993 and reconciliation.
• Improve the accessibility and quality of our information to increase understanding of native title and the native title system.
• Enhance the delivery of our services, particularly by Indigenous workforce recruitment.
• Continue to provide services that reflect an understanding of the current and evolving needs of our stakeholders.

Our key activities

For 2022–23 (and the outlook period through to 2026), the National Native Title Tribunal will progress the following key activities:

Table 4: National Native Title Tribunal key activities, 2022–23 to 2025–26

How we will measure our performance

The National Native Title Tribunal strives to be an externally focussed organisation, responsive to stakeholder needs, and conscious of the role conferred upon it by Parliament. The National Native Title Tribunal will look to stakeholders for their assessments of its performance. It will also publish relevant statistics in the Report of the National Native Title Tribunal, which is included in the Federal Court of Australia’s Annual Report.

Measure of success

• Enhanced accessibility to National Native Title Tribunal information and resources with increasing online delivery.
• Maintenance of a user-friendly tool that supports the visualisation of native title by the general public.
• High quality Geospatial services compliant with industry standards.
• Effective working relationships with stakeholders.
• Increased knowledge in stakeholders and the wider community about the role and functions of the National Native Title Tribunal.
• Indigenous workforce development opportunities identified and championed.
• National Native Title Tribunal staff equipped and motivated to achieve high-quality results.
• A flexible workforce aligned to work needs and demands.

Federal Circuit and Family Court of Australia (Division 1)

Our Purpose

Through its specialist judges, registrars and staff, assist Australians to resolve their most complex family disputes and family law appeals by deciding such matters according to the law, promptly, courteously and effectively.

Our guiding principles

• Deliver just, efficient and effective dispute resolution in family law matters.
• Ensure best practice in judicial and non-judicial processes.
• Protect vulnerable parties and children.
• Build public trust and confidence.
• Improve access to justice.

Our outcome

Apply and uphold the rule of law for litigants in the Federal Circuit and Family Court of Australia (Division 1) through the just, safe, efficient and timely resolution of family law matters, particularly more complex family law matters including appeals, according to law, through the encouragement of appropriate dispute resolution processes through the effective management of the administrative affairs of the Court.

Our key activities

For 2022–23 (and the outlook period through to 2026), the Federal Circuit and Family Court of Australia (Division 1) will progress the following key activities:

Table 5: Federal Circuit and Family Court of Australia (Division 1) key activities, 2022–23 to 2025–26

2022–23 significant initiatives

• Expand the Lighthouse Project Model of risk screening and assessment, safety planning and service referral, and bespoke risk-based case management, including the high-risk Evatt List from 3 registries to 15 registries.
• Engage Indigenous Liaison Officers and develop tailored case management processes for matters involving Aboriginal and/or Torres Strait Islander litigants and children, including certain specialist Indigenous Lists.
• Continue and where possible expand the information sharing and co-location initiatives in family law.
• Modernise the Digital Court File and establish a common platform to incorporate case management, workload management and dashboards within a single application.

How we will measure our performance

The key outcome measures for the Federal Circuit and Family Court of Australia (Division 1) are contained in Outcome Two of the Portfolio Budget Statements.

The Federal Circuit and Family Court of Australia (Division 1) maintains two goals related to timely completion of cases. All strategies, priorities and key activities are designed to support the achievement of these performance goals.

Table 6: Federal Circuit and Family Court of Australia (Division 1) performance measures, 2022–23 to 2025–26

Measure of success

• Improved efficiencies and access to justice in family law through clear and harmonised rules and case management procedures.
• Improved case management through early registrar triage and safely conducted dispute resolution and family dispute resolution (FDR), and increased judicial time to focus on the most complex disputes.
• Reduced delays and backlogs of pending family law cases, assisting litigants to resolve their disputes in a just and timely manner with simplified court procedures.
• Positive outcomes for children and families through increased information sharing and engagement with relevant stakeholders and other jurisdictions.
• Improved protection of vulnerable parties and children exposed to family violence and other risks through early risk identification, screening and assessment.
• Improved support and cultural responsiveness in proceedings involving Aboriginal and/or Torres Strait Islander litigants and children.

Federal Circuit and Family Court of Australia (Division 2)

Our Purpose

To provide timely access to justice and resolve disputes in all areas of law in an efficient and cost-effective manner, using appropriate dispute resolution processes.

Our outcome

Apply and uphold the rule of law for litigants in the Federal Circuit and Family Court of Australia (Division 2) through the just, safe, efficient and timely resolution of family law and general federal law matters according to law, through the encouragement of appropriate dispute resolution processes through the effective management of the administrative affairs of the Court.

Our guiding principles

• Deliver just, efficient and effective dispute resolution in family law, migration and general federal law matters.
• Ensure best practice in judicial and non-judicial processes.
• Protect vulnerable parties and children.
• Build public trust and confidence.
• Improve access to justice.

Our key activities

For 2022–23 (and the outlook period through to 2026), the Federal Circuit and Family Court of Australia (Division 2) will progress the following key activities:

Table 7: Federal Circuit and Family Court of Australia (Division 2) key activities, 2022–23 to 2025–26

2022–23 significant initiatives

• Expand the Lighthouse Project Model of risk screening and assessment, safety planning and service referral, and bespoke risk-based case management, including the high-risk Evatt List from 3 registries to 15 registries.
• Engage Indigenous Liaison Officers and develop tailored case management processes for matters involving Aboriginal and/or Torres Strait Islander litigants and children, including specialist Indigenous Lists.
• Continue and where possible expand the information sharing and co-location initiatives in family law.
• Review and update of the Federal Circuit and Family Court of Australia (Division 2)(General Federal Law) Rules 2021 to create a complete set of rules applicable to the general federal law jurisdictions of the Court that are consistent with the Federal Court Rules 2011 where appropriate.
• Review case management processes and procedures in the migration jurisdiction to address the backlog of pending migration cases.
• Modernise the Digital Court File and establishing a common platform to incorporate case management, workload management and dashboards within a single application.

How we will measure our performance

The key outcome measures for the Federal Circuit and Family Court of Australia (Division 2) are contained in Outcome Three of the Portfolio Budget Statements.

The Federal Circuit and Family Court of Australia (Division 2) Court maintains three goals related to timely completion of cases to measure the performance of its work. All strategies, priorities and key activities are designed to support the achievement of these performance goals.

Table 8: Federal Circuit and Family Court of Australia (Division 2) performance measures, 2022–23 to 2025–26

The Court’s Annual Performance Statement, published in the Federal Court Annual report, will report on the success of the plan to achieve timely completion of cases.

Measures of success

• Improved efficiencies and access to justice in family law through clear and harmonised rules and case management procedures.
• Improved case management through early registrar triage and safely conducted dispute resolution and family dispute resolution (FDR), and increased judicial time to focus on the most complex disputes.
• Reduced delays and backlogs of pending family law cases, assisting litigants to resolve their disputes in a just and timely manner with simplified court procedures.
• Positive outcomes for children and families through increased information sharing and engagement with relevant stakeholders and other jurisdictions.
• Improved protection of vulnerable parties and children exposed to family violence and other risks through early risk identification, screening and assessment.
• Improved support and cultural responsiveness in proceedings involving Aboriginal and/or Torres Strait Islander litigants and children.
• Improved efficiencies and access to justice in general federal law and migration cases through clear, comprehensive and updated rules, case management procedures and increased registrar support.

Commonwealth Courts Corporate Services

Our Purpose

To provide efficient and effective corporate services to the Commonwealth Courts and Tribunals to support them in achieving their purposes and achieving their key activities.

Our guiding principles

• Deliver efficient corporate services to each Commonwealth Court and Tribunal.
• Build an agile, skilled and engaged workforce.
• Optimise technology to support judicial, registry and corporate services functions.
• Improve access to justice.

Our outcome

Improved administration and support of the resolution of matters according to law for litigants in the Federal Court of Australia, the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) and parties in the National Native Title Tribunal through efficient and effective provision of shared corporate and registry services.

Our key activities

For 2022–23 (and the outlook period through to 2026), Corporate Services will progress the following key activities:

Table 9: Commonwealth Courts Corporate Services key activities, 2022–23 to 2025–26

2022–23 significant initiatives

• Redesign of Court and Tribunal networks to better support hybrid working needs.
• Enhance cybersecurity protection including Essential 8 and Endpoint Protection and management of third-party risks.
• Modernise underlying technology platforms to optimise security, cost and sustainable maintenance.
• Relocate the Court to new premises in Launceston.
• Implement a new graduate recruitment program, including a focus on ongoing diversity initiatives.
• Commence the redesign and redevelopment of the Federal Court of Australia and National Native Title Tribunal websites.

How we will measure our performance

The key outcome measure is contained in Outcome Four (program 4.1 and 4.2) of the Portfolio Budget Statements. That is, improved administration and support of the resolution of matters according to law for litigants in the Federal Court of Australia, the Federal Circuit and Family Court of Australia and parties in the National Native Title Tribunal through efficient and effective provision of shared corporate and registry services. All strategies, priorities and key activities are designed to support the achievement of these performance goals. The Court’s Annual Performance Statement will report on the success of the plan to achieve efficient and effective corporate services.

Table 10: Commonwealth Courts Corporate Services performance measures, 2022–23 to 2025–26

Measures of success

• Improved security arrangements in all Court premises.
• Increased digital capability to support the growth in online hearings and other digital initiatives.
• Improved website information to better support self-represented litigants and other litigants.
• A new five-year strategic property plan.
• Completed Sydney criminal jurisdiction stage two fit out.
• The delivery of the new property project in Launceston will enhance the security of the Court and the community accessing the FCFCOA in Launceston. The relocation will provide improved security for vulnerable persons including children, and the new layout will offer appropriate separation between parties.
• A revised workforce planning model to capture key learning from the COVID-19 period to ensure we have a diverse, skilled and agile workforce to support the work of the Courts and the National Native Title Tribunal into the future.
• Revised work practices that align to our workplace continuity plans.
• Delivery to budget.

Commonwealth Courts Registry Services

Our Purpose

To provide efficient and effective registry services to the Commonwealth Courts and Tribunals to support them in achieving their purposes and achieving their key activities.

Our guiding principles

• Deliver efficient registry services to each Commonwealth Court and Tribunal.
• Build a service-oriented and digitally savvy workforce.
• Deliver a consistent registry service experience to all users.
• Improve access to justice.

Our outcome

Improved administration and support of the resolution of matters according to law for litigants in the Federal Court of Australia, the Federal Circuit and Family Court of Australia (Division 1) and Federal Circuit and Family Court of Australia (Division 2), and parties in the National Native Title Tribunal through efficient and effective provision of shared corporate and registry services.

Our key activities

For 2022–23 (and the outlook period through to 2026), Registry Services will progress the following key activities:

Table 11: Commonwealth Courts Registry Services key activities, 2022–23 to 2025–26

2022–23 significant initiatives

• Update digital litigation processes for judiciary and staff.
• Rollout standardised remote/hybrid hearing and mediation process to all locations.
• Develop and document a national registry knowledge base.
• Standardise national approach to training delivery.
• A new national structure for the provision of Court and Tribunal registry services implemented.

How we will measure our performance

The key outcome measure is contained in Outcome Four (program 4.1 and 4.2) of the Portfolio Budget Statements. That is, improved administration and support of the resolution of matters according to law for litigants in the Federal Court of Australia, the Federal Circuit and Family Court of Australia and parties in the National Native Title Tribunal through efficient and effective provision of shared corporate and registry services. The Court’s Annual Performance Statement will report on the success of the plan to achieve correct information, timely processing of documents and efficient registry services.

Table 12: Commonwealth Courts Registry Services performance measures, 2022–23 to 2025–26

Measures of success

• Effective and efficient use of available resources.
• Quality, timely and consistent information for all court users across all Courts and the National Native Title Tribunal.
• Enhanced access to justice services through digital technologies.
• An environment that focusses on safety for court users experiencing family violence.
• Improved leadership and service delivery capability.
• Realise the benefits of the Digital Court File.
• Maximised benefits of a new national service model for Commonwealth registry services implemented.
• Maximised efficiency in managing national enquiries.
• Improved in-court technical support.
• Implementation and delivery of digital litigation support to the judiciary, profession and litigants.