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Output 3.4
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Policy advice on intellectual property issues which supports the objectives of the portfolio, including encouraging the growth of the information economy, the production of content and the promotion of reasonable access to research and cultural materials
As a result of changes in portfolio responsibilities, this is the last time that Output 3.4 will be reported on by this Department. Following the 2004 election the Attorney-General's Department has responsibility for the administration of copyright. The Department provides coordination and policy advice on intellectual property (IP) issues
which relate to the portfolio.
High-quality and timely policy advice and ministerial services
The decline in volume of policy advice, ministerial correspondence and briefs provided by the Department is consistent with the changes to portfolio responsibilities in this area (see figure 2.48).
Figure 2.48 Advice provided within timeframes
| 2004-05 | 2005-06 | Variation | |||
|---|---|---|---|---|---|
| Type of advice | Number | % on time | Number | % on time | Difference on time (%) |
| Ministerial correspondence | 18 | 34 | NA | NA | NA |
| Briefings | |||||
| - Department initiated minutes | 21 | NA | 16 | NA | NA |
| - Meeting briefs | 5 | 100 | 3 | 100 | 0 |
| Question Time briefs | 49 | 88 | 39 | 72 | -16 |
| Parliamentary questions on notice | 0 | NA | 0 | NA | NA |
During this time, the Department provided briefs on complex issues for the Minister and other government agencies, including on fair use, the digital agenda review and on the implementation of Australia's remaining obligations associated with the Australia–United States Free Trade Agreement.
The Department also continued to work on a range of IP issues including legal deposit, Indigenous IP and the proposed World Intellectual Property Organisation broadcasters' treaty.
In undertaking this role, the Department worked closely with other agencies including the Attorney-General's Department and IP Australia.
The Department also provided advice on IP matters to portfolio agencies, and responded to stakeholder representations.
Effective client satisfaction and consultation
During the reporting period, the Department consulted primarily with portfolio agencies and other government agencies and departments.
Consultation included key issues such as fair use, the digital agenda review and the development of a whole-ofgovernment approach for IP management.
The Department also made representations to the House Standing Committee on Legal and Constitutional Affairs' Inquiry into Technological Protection Measures Exceptions through a written submission and an appearance before the Committee. These representations were designed to reflect the key issues affecting portfolio agencies in relation to Technological Protection Measures exceptions and the remaining obligations of the Australia–United States Free Trade Agreement. The Department also continued to consult closely with portfolio agencies to inform them of, and seek their views on, a range of IP issues. As stated above, the Department worked closely with the Attorney-General's Department throughout the reporting period in fulfilling its portfolio coordination and advisory responsibilities.
Compliance with accountability standards
In 2005–06, the Department continued to work with the Attorney-General's Department and IP Australia to develop a whole-of-government approach to intellectual property management in response to the Australian National Audit Office Report No. 25, Intellectual property policies and practices in Commonwealth agencies. As part of this process, the 2001 IT IP Guidelines are also being reviewed and incorporated within a broader intellectual property manual for government agencies.
In line with the streamlined copyright responsibility arrangements, responsibility for this issue has now passed to the Attorney-General's Department. The Department has remained actively involved in developing the whole-ofgovernment approach, particularly as it relates to the information technology sector.
Research and analysis activities contribute to policy development
Research and analysis activities form an essential part of the policy process. During the reporting period, the Department continued to research the practices of collecting institutions and public broadcasters, legal and policy issues on the 'fair use' of copyright material, and copyright laws and practices in an international context. The results of the research assisted in informing the Government's approach to recent copyright policy reforms.
Effective budget management
As identified in the resources for the outcome table on page 94, the overall price of Output 3.4 was $1.595 million.
Managers conduct a regular evaluation of budget outcomes, and commentary on variations between budget and expenditure is provided to the Department's Executive Management Group on a monthly basis. The commentary also includes forecasting of budget trends where possible.