MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE FEDERAL MAGISTRATES COURT AND THE FEDERAL COURT OF AUSTRALIA (the Courts) in relation to co-operation and service support arrangements
17 April 2001
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1 Objectives and term
1.1 Background to the memorandum
The Federal Court of Australia (the 'Federal Court') and the Federal Magistrates Court (the 'Magistrates Service') are independent courts of justice established within the Commonwealth of Australia.
The government has established the Federal Magistrates Court to-
improve access to justice,
lower the costs of justice for less complex matters,
effect the transfer of less complex matters from the Federal Court to a jurisdiction that will implement simpler less complex and less costly practices and procedures, and
free judges of the Federal Court and the Family Court to focus on matters of greater legal complexity that require the consideration and determination of a superior court.
The two courts share jurisdiction in areas of federal law.
The Federal Court wishes to facilitate the establishment of the Federal Magistrates Court
The Federal Magistrates Court seeks to make arrangements with the Federal Court pursuant to sections 90 (arrangements for the performance of functions), 92 (arrangements for the provision of courtrooms and other facilities) and 100
(arrangements to make officers available) of the Federal Magistrates Act 1999.
An arrangement has been made under section 90 (Attachment A).
A formal arrangement under section 92 is proposed and an arrangement has been made by chief executives for the purposes of section 100.
The purpose of this memorandum is to provide additional information to supplement the formal arrangements made, by heads of jurisdiction, under sections 90 and 92 and, by chief executives, under section 100.
All services to be provided by the Federal Court under this MOU are offered on the clear understanding by each jurisdiction that the provision of those services is not detrimental to, or inconsistent with, the proper conduct and
exercise by the Federal Court of the judicial power of the Commonwealth, statutory functions and obligations of the Federal Court under the Federal Court of Australia Act 1976 or other relevant legislation.
1.2 Objects of the memorandum
This memorandum has been made by the courts:
to identify those services agreed to be provided by the Federal Court for and on behalf of the Federal Magistrates Court,
to clarify the expectations and extent of the services to be provided,
to provide a basis for the on-going relationship between the parties,
to establish an accountable and transparent basis for identifying costs incurred by the Federal Court and the Federal Magistrates Court in relation to facilities and services,
to ensure that the Federal Court will, as far as is practical, provide services and/or facilities required for work in the concurrent jurisdiction, and
to provide a sound basis for any subsequent adjustment of budgets having regard to the cost of services and facilities provided by the Federal Court.
Subject to the Financial Management & Accountability Act 1997, where appropriate and quantifiable the equivalent budget appropriation, and if appropriate the associated physical resources, will be transferred to the Federal
Magistrates Court for the specified work and services provided by the Federal Court.
In addition, for the purpose of full accountability for costs, where appropriate the Federal Court will account for, and advise any costs to the Federal Magistrates Court so that they can be properly reflected in the annual accounts
of the Federal Magistrates Court as 'costs of services provided at no cost by the Federal Court to the Federal Magistrates Court'.
It is agreed, as a principle, that in the event that it is subsequently agreed that budget funds will be transferred from the Federal Court to the Federal Magistrates Court there will be consultation about the transfer of associated
resources, including staff. No transfer will occur until there is agreement in relation to the allocation of associated resources and/or any associated staffing issues including the funding of any necessary redundancies.
If a budget funding transfer occurs during the life of this agreement and there is no associated transfer of staff or facilities the Federal Magistrates Court will, while this MOU remains in force, pay the transferred amount to the
Federal Court for provision of those services.
Additional costs arising in the Federal Court from different work practices, procedures, standards or additional work arising from the Federal Magistrates Court are excluded from consideration in relation to the identification and
transfer of budget appropriation funds from the Federal Court unless otherwise agreed in writing by the Federal Court.
1.3 Term of arrangements and review
This MOU is expressed to commence on 1 July 2000 and operate for the period to 30 June 2002. A further MOU may be entered into by the courts before or on that date. In the absence of any action by either court to formally terminate
the arrangements at the end of two years the memorandum shall continue for a period of three months
Recognising that the full extent and impact of some services to be provided by the Federal Court to the Federal Magistrates Court cannot be determined now, the support and services and terms and conditions of this MOU will be jointly
reviewed by the courts by 30 June 2001 and may be adjusted for any unintended or untoward consequences (if any).
1.4 Arrangements for workload and resource usage monitoring
It is recognised that the establishment of the Federal Magistrates Court should lead to improved access to justice for the community. The existence of the Federal Magistrates Court may, in areas of concurrent jurisdiction, result in
an increase in filings, processing complexity and associated costs and resource requirements that would otherwise not occur.
The Federal Magistrates Court will be responsible for funding costs incurred by the Federal Court in the provision of registry and other services that are caused directly by additional work (including increased filings) arising in
areas of concurrent jurisdiction as a result of the existence of the Federal Magistrates Court.
The baseline and benchmark for workload monitoring and measurement of additional work for concurrent jurisdiction is set out below. This is based upon actual data for the Federal Court for the past 3 years.
Actual workload history in the Federal Court in areas of concurrent jurisdiction for the past 3 years is as:
| |
1997-98 |
1998-99 |
1999-2000* |
|
1 |
2 |
3 |
1 |
2 |
3 |
1 |
2 |
3 |
|
|
|
|
|
|
|
|
|
|
ADJR |
181 |
380 |
228 |
205 |
357 |
155 |
229 |
431 |
277 |
|
|
|
|
|
|
|
|
|
|
Bankruptcy |
3530 |
4478 |
3258 |
3522 |
4742 |
3517 |
3079 |
4304 |
3099 |
|
|
|
|
|
|
|
|
|
|
TPA** |
336 |
999 |
460 |
348 |
887 |
388 |
404 |
903 |
382 |
|
|
|
|
|
|
|
|
|
|
Human Rights |
-- |
-- |
-- |
-- |
-- |
-- |
93 |
93 |
8 |
|
1. New matters filed in the period
2. New matters filed in the period plus matters brought forward from the previous period
3. Matters case managed and finalised in that period
* Projection to year-end is based on actual results to 31 May 2000.
** TPA figures constitute ALL filings in the Federal Court and not just filings within the jurisdiction of the FMC.
For the administration and handling of the following filings the baseline and benchmark will be:
ADJR = 205 filings per annum (3 year average)
Bankruptcy = 3377 filings per annum (3 year average)
Human Rights = Nil. New jurisdiction for both courts.
For resources costs of case management and completion the baseline and benchmark will be:
ADJR = 220 matters per annum (3 year average)
Bankruptcy = 3291 matters per annum (3 year average)
Human Rights = Nil. New jurisdiction for both courts.
Where the workload of the Federal Court, when added to the workload of the Federal Magistrates Court, exceeds the baseline and benchmarks set out above, that work will be understoood to be 'additional work'
unless otherwise agreed in writing and the additional costs for that work are to be met by the Federal Magistrates Court.
For TPA matters, the baseline and benchmark will be determined having regard to both the historical data for the whole of the jurisdiction, as is set out above, and TPA matters commenced in or transferred to the
Federal Magistrates Court between 1.7.2000 and 31.6.2002.
Additional costs will not apply for deviations in workload of <5 percent in ADJR and TPA and <1 percent in Bankruptcy.
A workload cost model will be developed jointly by the courts by 30 June 2001 and workload reviews will subsequently be undertaken jointly in July and January each year by the Federal Court and the Federal Magistrates Court.
The courts will work together to establish a basis for recording and monitoring all work done for Federal Magistrates Court by 31 October 2000.
Adjustments to costs (if any) arising from the reviews will be made not later than the end of August and March each year.
The Federal Magistrates Court may from time to time in its own right be given new (non-family law) jurisdiction that is not presently within the jurisdiction of the Federal Court. Where new jurisdiction accrues to the
Federal Magistrates Court and the Federal Court is requested to provide services or facilities related to that work the costs of any services and work performed by the Federal Court in relation to that new jurisdiction
will be the subject of a variation of this memorandum. As a general principle, it is intended that the costs of such work for new jurisdiction will be met by the Federal Magistrates Court.
The baseline level of funding for the purposes of assessing resource usage by each court in discrimination matters under the HREOC Act will be the aggregate number of applications filed in both courts during the
2000-01 financial year. It is acknowledged that no additional funding was provided to the Federal Court for the discrimination jurisdiction. The courts will work together to ensure that the full costs of the
discrimination jurisdiction are measured in order that any appropriate submissions for additional funding can be made to government.
2 Arrangements under section 90 for the performance of non-judicial functions
2.1 Existing Federal Court Service Standards are to apply
Services provided by the Federal Court under this memorandum, including services pursuant to a section 90 arrangement will be to like standard, quality, process and procedure as apply day to day in the Federal Court.
Performance standards for registry services (in working days) will be as follows:
| Type of Process |
Issues/Processed |
Creditors Petitions |
Within 2 days |
Applications |
Within 2 days |
Subpoenas |
Within 2 days |
Orders |
Within 2 days |
Examinations |
Within 2 days |
Special Tasks |
As agreed |
Short Replies |
Within 2 days |
Long Replies |
As agreed |
|
2.2 Services to be provided under section 90 arrangement
Documents to be lodged with or filed with the Federal Magistrates Court may be received by staff of the Federal Court appointed for that purpose. Federal Court staff will respond to enquiries relating to the
jurisdiction of the Federal Magistrates Court and its procedures.
Complex enquiries may be referred to the Registrar of the Federal Magistrates Court.
Federal Court staff will -
Provide advice of a routine and procedural nature, accept documents lodged at the counter, by mail, electronically or by facsimile; check for compliance and completeness and endorse the
document with a 'Filed' stamp provided by the Federal Magistrates Court for that purpose.
Issue Federal Magistrates Court applications, and other court process, in accordance with Federal Magistrates Court Rules.
Receive fees, provide receipts, and bank all money received. The Federal Court will also issue 'first notices' of debt recovery but subsequent debt recovery action will be taken by the Federal Magistrates Court.
Accept and approve applications for fee deferment, waiver and exemption in accordance with the Federal Magistrates Regulations.
Enter details of filings in the Federal Magistrates Court case management system and schedule listings.
Settle and authenticate orders in accordance with Federal Magistrates Court Rules.
Maintain files held in the registry, with all filed documents indexed.
Provide photocopy services to litigants in accordance with established Federal Court procedures. The cost of photocopying services will be invoiced quarterly to the Federal Magistrates Court on a cost recovery only basis.
Archive files in accordance with Federal Magistrates Court disposal schedules that have been approved by Australian National Archives.
2.3 Arrangements for appointment of registrars and exercise of delegated judicial functions
An arrangement has been made under section 100 of the Federal Magistrates Act for Federal Court registrars to be made available to be appointed as registrars of the Federal Magistrates Court. Federal Court
registrars will accept appointments under section 99 of the Federal Magistrates Act as registrars of the Federal Magistrates Court and, as required, be approved by the Chief Federal Magistrate to exercise
powers under sections 102 and 103 of that act.
The availability of the registrars and the scheduling of any commitments to perform as Federal Magistrates Court registrars is to be the subject of close and ongoing consultation between the Federal Court and the
Federal Magistrates Court.
Subject to the requirement for consultation, the availability, allocation and scheduling of registrars will at all times be the responsibility of the relevant Federal Court District Registrar.
Appointments and approval to exercise and the withdrawal of appointment and approval referred to in this section are a matter for determination of the Federal Magistrates Court from time to time.
2.4 Arrangements for listing services
The Federal Court of Australia will list cases of concurrent jurisdiction and schedule courtrooms for hearings of those cases in the Federal Magistrates Court in a manner that ensures the most expeditious and
effective listing of the relevant matters for both the Federal Court and the Federal Magistrates Court.
Where federal magistrates sit regularly in courts leased by the Federal Court the Federal Court will use its best endeavours to ensure that the federal magistrates sit consistently in the same court in order to assist
litigants and the legal profession to identify clearly the areas in which the Federal Magistrates Court operates.
Should the national co-ordination requirements of the Federal Magistrates Court require the establishment of different listing services then the change management provisions of this MOU apply.
2.5 Arrangements for interpreter services
In the Federal Court interpreter costs in areas of concurrent jurisdiction arise mainly in Bankruptcy. The actual average benchmark expenditure per annum over two years for this service has been approximately $10
,000 in the Bankruptcy jurisdiction of the Court.
The Federal Court proposes to make arrangements for transfer from its budget to the budget of the Federal Magistrates Court an amount of $15,000. The Federal Magistrates Court will be responsible for meeting the
costs of interpreter services within its jurisdiction.
2.6 Arrangements for library and legal research facilities
The Federal Court of Australia provides, within the limits of efficiency and court-approved budgets, library services and materials relating to Federal Court jurisdiction.
Subject to priority being given to the immediate needs of the judges of the Federal Court the Federal Court's library services will be accessible by federal magistrates and the staff of the Federal Magistrates Court.
Borrowing of materials from the Library is under the control of local librarians and all borrowed materials must at all times be available for immediate recall by the librarian when required for the purposes of a
judge of the Federal Court.
The Federal Magistrates Court will ensure that in its use of library materials it will not breach copyright laws.
Losses of library materials on loan to the Federal Magistrates Court will be replaced by the Federal Magistrates Court.
The Federal Court will monitor usage of library services by the Federal Magistrates Court in terms of a workload schedule provided to the Federal Magistrates Court by letter dated 21 June 2000 (Attachment B).
The services to be provided are also as set out in that schedule.
Where access to library holdings and services (eg copying etc), by both the Federal Court and the Federal Magistrates Court, can be met efficiently from the existing staff resources and level of subscriptions
and other library materials, access to services will be at no cost to the Federal Magistrates Court for the life of this MOU except as specified below.
Where demand increases as a result of the establishment of the Federal Magistrates Court and to maintain existing service levels it is necessary for the Court to acquire resources or additional materials or earlier
replace materials due to faster wear and tear the Federal Magistrates Court will meet the costs of the additional resources and purchases and /or meet a share of any replacement cost. The Federal Magistrates
Court will not be required to meet the cost of additional resources employed in the Federal Court if there has been no prior agreement that the increase is essential. The Federal Magistrates Court will not
unreasonably withhold its agreement where additional resources are needed.
Where 'free of charge' reciprocal arrangements do not exist for inter-library loans the Federal Magistrates Court will pay the actual charges.
The Federal Court of Australia has provided to the Federal Magistrates Court a computer terminal and printer on level 18 Sydney Law Courts Building and similarly on level 12 Melbourne Law Courts Building and on
-line access to CD ROMS and other online services available through the Federal Court network, for which additional publisher licences are not required.
The Federal Magistrates Court is to meet from its existing appropriation the cost of these computers, printers and their configuration, estimated at a one-off cost of $9000, and the cost of 10 concurrent Citrix
Metaframe licenses estimated as a one off cost of $2,300. Access to electronic information services by the Federal Magistrates Court, which require the purchase of publisher licences, will be provided where the
Federal Magistrates Court meets the licence costs required by the publishers.
The Federal Magistrates Court will directly meet any costs of other library and related information services required for chambers or offices of the Federal Magistrates Court.
The Law Courts Library in Sydney is a joint Commonwealth and State Government facility and services to the Federal Magistrates Court are as per the terms of the Commonwealth and State Government arrangements.
2.7 Arrangements for hours of services
Services provided under this MOU will be performed during the ordinary hours that the services are available within the Federal Court on a registry by registry basis.
3 Arrangements under section 92
3.1 Arrangements for provision of courtrooms and other facilities
3.1.1 Principles
(a) The Federal Court will share courtroom resources and provide access to courtrooms in its tenancy areas for the hearing of matters that are in the concurrent jurisdiction.
(b) It is intended that matters in the Federal Magistrates Court's family law jurisdiction matters will generally be heard in courtrooms and other facilities provided by the Family Court of Australia
(c) In places where it may not be possible for the Family Court of Australia to provide suitable courtrooms, the Federal Court will make best endeavours to make courtrooms available on condition
that Federal Magistrates Court will implement appropriate security arrangements.
(d) Tenant obligations applying to the Federal Court as an occupier of court space will apply to the Federal Magistrates Court. The Federal Court will advise the Federal Magistrates Court of the nature of those obligations.
(e) The Federal Court will make its best endeavours to make available the same courtroom for hearings by federal magistrates where magistrates sit regularly in courtrooms of the Federal Court.
(f) The Federal Magistrates Court will be responsible for the costs of any additional security associated with Federal Magistrates Court use of courtrooms.
(g) All chambers and other accommodation provided are on an 'as is basis' in terms of fittings, fixtures and furniture. In relation to any proposed modification to any courtroom or other
accommodation that is transferred and/or for which access or occupation is provided to the Federal Magistrates Court by the Federal Court, the written approval of the Federal Court is required
before such modification can take place. In addition the Federal Magistrates Court undertakes, if required in writing by the Federal Court, to 'make good' any modification of the courtroom or other
accommodation and effect restoration to the condition and standard that applied at the date of access or occupation by the Federal Magistrates Court.
3.1.2 Availability of courts for matters in the concurrent jurisdiction
The Federal Court will, subject to listing schedules and availability, arrange for the hearing of matters that are covered by the concurrent jurisdiction of the Federal Court and the Federal
Magistrates Court by providing courtrooms in:
Sydney (up to 2 courtrooms, as required, where practicable on level 18 Law Courts Building),
Adelaide (1 courtroom, not specifically nominated),
Brisbane (1 courtroom, not specifically nominated),
Canberra (1 courtroom, not specifically nominated),
a courtroom in Hobart and a courtroom in Perth for circuit courts (neither specifically nominated).
3.1.3 Availability of courts for matters in the non-concurrent jurisdiction
If the Federal Magistrates Court is, from time to time, unable to obtain a court from another court for its work in the non-concurrent jurisdiction a courtroom may be provided, subject to
availability, provision of appropriate security and agreement with the relevant District Registrar. In the event that a particular family law matter poses high risks to the tenancy requiring advice of the
Federal Magistrate Service Marshal, the resident Federal Magistrate and resident Federal Court Judge will discuss whether or not a proposal to use a courtroom within the Federal Court tenancy should proceed.
3.1.4 Availability of courts in Melbourne
In the Melbourne Commonwealth Law Courts building the Federal Court will provide access to courtrooms 6F, 6G, 6H and 6J. Family law matters may be heard on level 6.
When a secure detainee court is required a court on level 2 should be arranged. Protocols for the use of secure detainee courts are to be developed at a local level.
The Federal Court will consider transferring courtrooms 6F, 6G and 6H to the Federal Magistrates Court.
The availability of courtroom 6J is to be reviewed by 30 June 2001.
3.1.5 Impact of the commercialisation of Commonwealth court buildings
Pursuant to a policy of government Commonwealth-owned court buildings, including all tenancy and common areas, are being moved to a commercial leasing structure. From the point when
leases are entered into, the existing appropriation provisions in respect of Property Operating Expenses (POE) will be changed by the terms of the lease funding, management and associated
arrangements, and all tenants and occupiers will be subject to the obligations that arise under that lease arrangement. It is expected that these arrangements will be finalised in the second half of
calendar year 2000. Dependant upon the final terms and requirements of the relevant lease, the Federal Magistrates Court agrees that any provisions of this MOU relating to tenancy and
occupation issues may be changed at that time by the Federal Court to the extent necessary to reflect and be consistent with the terms of that lease.
Those necessary changes shall from the date they are advised to the Federal Magistrates Court be taken to be agreed by the Federal Magistrates Court as terms of this MOU.
3.1.6 Reversion
Whether or not this MOU has expired and whether or not any subsequent MOU is in force at the time, the Federal Magistrates Court agrees that, should it cease to occupy or have no further
practical need to occupy courtrooms and other accommodation provided by the Federal Court, that it will meet any and all costs of 'make good' of any courtroom or other accommodation.
In similar circumstances the Federal Magistrates Court will propose and actively recommend that any Property Operating Expenses (POE) appropriated in its budget in respect of those courtrooms
and other accommodation, including maintenance and other related funds, be transferred to the budget appropriation of the Federal Court.
3.1.7 Energy efficiency
The Federal Magistrates Court agrees to implement and comply fully with any energy management plan requirements for tenancy areas and Law Court Buildings, consumption targets and reduction
targets in green house emission levels as set by the Australian Green House Office.
3.1.8 Expenses associated with new requirements for accommodation
Requirements of the Federal Magistrates Court for special accommodation or tenancy items such as furniture, signage, additional notice boards or specific arrangements at registry
counters, are the responsibility of the Federal Magistrates Court.
3.1.9 Building management participation
To the extent that the Federal Magistrates Court occupies accommodation in a Federal Court tenancy area on a daily basis, the Federal Court supports inclusion of a representative of the
Federal Magistrates Court on the local building committee. As an occupier or user of most court buildings in Australia the Federal Court supports inclusion of a representative of the Federal
Magistrates Court on the National Law Courts Building Management Committee.
3.1.10 Definition
Whenever the term is used throughout this MOU, 'courtroom' includes both a court or a hearing room.
3.2 Arrangements under section 92 for the provision of accommodation for federal magistrates
The Federal Court will:
provide two chambers on level 18 in the Law Courts Building, Sydney, subject to the condition that those chambers may from time to time be required for the purpose of accommodating visiting
judges of the Federal Court - in which case the Federal Court will provide the federal magistrates with not less than 14 days notice and will assist in their relocation, including assistance with telephone diversion.
the courts have agreed that the Federal Magistrates Court will occupy the space on Level 22 of the Queens Square building currently being used as visiting Judges' chambers, when that level
is refurbished. At that time, subject to lease variation being agreed, the Federal Magistrates Court will become a tenant of Law Courts Limited in relation to that space.
provide for use by the Federal Magistrates Court in the Grenfell Centre Adelaide a chamber on level 8, and
provide access to suitable accommodation for chambers in Hobart and Perth on a visiting basis.
Note: The Federal Court has agreed to transfer responsibility for seven principal chambers and other accommodation on level 12 in the Commonwealth Law Courts in Melbourne. This area is not subject to this
memorandum, save that paragraph 3.1.6 (Reversion) applies to the accommodation.
3.2.1 Office Support Services
In the places where chambers and other accommodation are provided by the Federal Court the Federal Court will, in relation to matters of concurrent jurisdiction, and as agreed in writing between the courts provide;
local administrative support, such as allocation of courtrooms and assignment of court officers,
office security (excluding personal security and courtroom security personnel), including after hours access, to standards applied within the Federal Court,
cleaning as per existing contracts terms,
telephone services and other office services agreed in writing with the local District Registrar, on a cost recovery basis,
access to various other facilities within the tenancy control of the Federal Court such as conference and amenities areas.
three car parking spaces in the Melbourne Law Courts Building.
The Federal Magistrates Court agrees to comply with usual local arrangements at District Registries to obtain approval or effect bookings of these facilities or services and to meet usual local
requirements pertaining to care and usage. The effect and impact of usage is subject to review by January 2001.
3.2.2 Ancillary Services
The provision of ancillary services, such as light and power, etc in Federal Court tenancy areas will be provided by the Federal Court under the provisions of Property Operating Expenses (POE) and
building management policies. The costs of telephone rental and call charges are the responsibility of the Federal Magistrates Court.
The component of POE attributable to the Federal Magistrates Court will be calculated where possible by reference to any meters in place for that purpose or by attribution based on apportionment
of tenancy area, numbers of persons in occupation, available facilities (eg telephone handsets) or other appropriate method. This attribution will also take into account any known factors
about the level of usage based on the practices, procedures and working arrangements of the Federal Magistrates Court.
Where working practices, procedures and working arrangements are substantially different to the basis on which POE appropriations have been calculated and thereby result in increased
building/ancillary service costs the Federal Magistrates Court is to fund those additional costs.
The Federal Court will, if requested and where agreed to in writing with the relevant District Registrar make available stores and general stationery items and access to office photocopy and
facsimile services ( as opposed to applicant counter services) on a 'user pays' basis, based on the principle of 'fair usage'. Where capital items such as facsimile and photocopy equipment are due
for replacement, the Federal Magistrates Court agrees to make a financial contribution to the capital acquisition (or lease) cost based on a fair estimate of proportional use.
3.3 Arrangements for video conferencing
The Federal Court has limited videoconferencing facilities principally for use with urgent applications, judgment delivery and the hearing of witnesses where a face to face hearing is not possible. Ready availability
for urgent matters is a prime consideration and the facility is not available for the day to day conduct of routine business.
The Federal Court will allow the Federal Magistrates Court use of its videoconferencing network for matters of concurrent jurisdiction between the two courts. Access is subject to the approved policies of
the Court dated August 1999 (Attachment C) as may be amended from time to time.
Access to videoconferencing facilities is by booking through the local District Registry (where registry to registry connectivity is needed the other relevant registry commitments need to be established) and is
subject to the availability of equipment and trained court operators. Use of videoconferencing by the Federal Court has precedence over all other users and hours of use are at the convenience of the Federal Court.
However, a videoconferencing booking made by the Federal Magistrates Court and accepted by the Federal Court will not be set aside without consultation between the Federal Court and the Federal Magistrates Court.
The charges as laid down in the videoconferencing policy of the Federal Court will apply to the Federal Magistrates Court, except that a waiver or reduction of charges may apply where:
a party requesting the video link is in impecunious circumstances (and the Presiding Magistrate is satisfied to that effect);
the total cost for a single video link would be likely to exceed the cost of alternative arrangements (eg air travel and accommodation).
In either case the costs of the videoconference is then a direct cost to the Federal Magistrates Court.
The use of videoconferencing attracts real operating, transmission and line costs by third party providers. Court charges are levied to recover some of the actual costs incurred in service.
No reduction of fees or charges applies to the use of videoconferencing facilities by or with external organisations or overseas video links requested by parties.
Use of videoconferencing facilities for administrative or any other purposes by the Federal Magistrates Court is subject to payment of a fee in accordance with the Schedule of Charges attached to the Federal
Courts policy, unless otherwise exempted by the Registrar of the Federal Court on a case by case basis.
4 Other Arrangements
4.1 Arrangements for court officers
The Federal Court of Australia will, if requested and subject to availability, arrange for a court officer to be present when a federal magistrate is sitting in areas of concurrent jurisdiction.
The Federal Magistrates Court will pay the costs of provision of court officers including remuneration, employer liabilities and actual incidental costs if applicable such as travel, together with an administration fee of
20% of the total remuneration cost of the court officer.
The relevant registry of the Federal Court will directly invoice the Federal Magistrates Court for the full costs of this service every three months, or as otherwise might be agreed in writing.
4.2 Arrangements for transcript services
The Federal Magistrates Court will make its own commercial arrangements for obtaining transcript services.
The Federal Magistrates Court will not use a transcript provider, other than the contractor to the Federal Court in a courtroom, within a tenancy area of the Federal Court, unless approved in writing by the Federal Court.
The Federal Court Registry will, if required, when scheduling matters for the Federal Magistrates Court arrange for the attendance of the transcript service provider to record proceedings only.
4.3 Arrangements for information technology services
4.3.1 Desk Top Services
The Federal Magistrates Court requires no wide area, local area or desktop services or support from the Federal Court and has separately entered into an MOU with the Family Court of Australia
for provision, delivery, help desk and technical support of those services.
The Federal Magistrates Court does, however, wish to establish connecting lines between the Family Court and Federal Court premises. Federal Magistrates Court proposes to install ISDN and
other links between the two courts and the running of cables and patches within the tenancies of those courts in various centres in Australia.
The Federal Court will permit the installations proposed, subject to Federal Court approval of each installation proposal, selection of termination points and consultation and oversight of installations in
its tenancies. The Federal Magistrates Court will ensure colour coded cabling different to that used in the Federal Court for all connections and not use grey, blue or black patch leads in communication cabinets.
The cost of installation, 'make good' to premises, breach of any accommodation warranty costs (if any) and ongoing operation, maintenance and communication costs of such links are to be paid
by the Federal Magistrates Court.
4.3.2 Arrangements for case management services
The Federal Court has arranged for its case management data base (FEDCAMS) to be replicated and for the changing of screens to use the term 'Magistrate' where the term 'Judge' appears; along
with other minor changes as have been agreed with the Federal Magistrates Court. The Federal Court has also provided a copy of the FEDCAMS user manual to the Service.
The Federal Magistrates Court will meet the costs of this work by payment from its budget appropriation to the Federal Court of an amount estimated at $10,000 for systems replication and initial
screen changes. Any development or further amendment to screens, reports or programming for the Federal Magistrates Court will only be undertaken by the Federal Court if resources are available and on the basis of fee for service.
The Federal Magistrates Court will directly contract with CSC Proprietary Limited under the terms of the government's Cluster 3 contract for the provision of data base administration and on line
access to the case management system. Access to the system by the Federal Magistrates Court, other than by staff of the Federal Court acting for and on behalf of the Federal Magistrates Court,
will be by direct wide area connection through the Family Court of Australia.
All data base, line and access usage costs, contract management and service performance issues in relation to this contract will be the direct responsibility of the Federal Magistrates Court and a
cost to its existing appropriation.
Federal Court registry staff acting for and on behalf of the Federal Magistrates Court will, via dual log in scripts across the Federal Court's wide area communications links to CSC, have direct access
to the Magistrates case management system.
All session costs for use of this system will be billed by CSC and met directly by the Federal Magistrates Court from its existing appropriations.
The Federal Court intends to move from FEDCAMS in the 2000-2001 year and to introduce a new case management system. The Federal Magistrates Court may where it wishes participate in
officer level meetings, conferences discussion groups etc for the purpose of familiarising itself with the intentions of the Federal Court for a new case management system.
The Federal Court believes that, except for licensing issues for software, the Court can make available to the Federal Magistrates Court access to that system. Before doing so however, the
Federal Magistrates Court will need to establish that position with the various suppliers and satisfy itself as to any risks associated with system access and usage.
4.4 Arrangements for training services
The Federal Magistrates Court will provide all training including face to face tuition, ongoing help desk support, manuals and training materials necessary to ensure that the staff of the Federal Court are properly
trained, skilled and competent in the procedures and requirements of the Federal Magistrates Court, including from time to time in any revision or enhancement of those procedures and requirements.
All training requirements of the Federal Magistrates Court including dates, times, location, duration and participants shall be determined in conjunction with the relevant District Registrar.
To the maximum extent possible all training shall be held locally and on-site and will avoid any adverse impact on the delivery of day to day registry services to the community.
All costs of training in Federal Magistrates Court practices, procedures and requirements including but not limited to trainers, venue hire, materials preparation, travel and accommodation of court staff is a
direct cost to the Federal Magistrates Court.
5 Arrangements for consultation
The Federal Magistrates Court and the Federal Court will meet quarterly to review the operation of this memorandum. The first review meeting will be held no later than 30 September 2000.
6 Arrangements for dispute resolution
Any disagreement about the implementation of this memorandum shall be referred in the first instance to the chief executives of the Federal Magistrates Court and the Federal Court respectively. If they are unable to reach an
agreement the matter shall be referred to the heads of jurisdiction for discussion.
7 Variation
This memorandum may be varied in writing between the Chief Executive Officer of the Federal Magistrates Court and the Registrar of the Federal Court.
8 Change management procedures
If the Federal Magistrates Court proposes a change of its services or a change to its practices or procedures that is assessed by the Federal Court as likely to have a resource impact that will increase the cost of provision of the
services provided under this MOU, that change shall not be implemented unless and until agreement has been reached in writing as to the manner in which the
change will be implemented and the allocation of the identified financial costs associated with the proposed change.
8.1 General Principles For the Costs Of Change
Generally where approved practices or procedures provide for services and/or service processes or standards greater than those normally applied day to day in the Federal Court the Federal Magistrates Court
will pay any additional cost.
9 Goods and Services Tax (GST)
The Federal Court and the Federal Magistrates Court will deal with each other on a GST inclusive basis at all times.
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Peter May
Chief Executive Officer
Federal Magistrates Court
_____________________________
Warwick Soden
Registrar
Federal Court of Australia
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