Chapter 1 - Overview


Chapter 1 - Overview

1.1        The committee is responsible for examining the annual reports of departments and agencies of three portfolios:

  • Health and Ageing;
  • Families, Housing, Community Services and Indigenous Affairs; and
  • Human Services.

Terms of Reference

1.2        Under Senate Standing Order 25(20), annual reports of departments and agencies shall stand referred to the legislation committees in accordance with an allocation of departments and agencies in a resolution of the Senate. Each committee shall:

(a)         examine each annual report referred to it and report to the Senate whether the report is apparently satisfactory;

(b)         consider in more detail, and report to the Senate on, each annual report which is not apparently satisfactory, and on the other annual reports which it selects for more detailed consideration;

(c)         investigate and report to the Senate on any lateness in the presentation of annual reports;

(d)         in considering an annual report, take into account any relevant remarks about the report made in debate in the Senate;

(e)         if the committee so determines, consider annual reports of departments and budget-related agencies in conjunction with examination of estimates;

(f)          report on annual reports tabled by 31 October each year by the tenth sitting day of the following year, and on annual reports tabled by 30 April each year by the tenth sitting day after 30 June of that year;

(g)         draw to the attention of the Senate any significant matters relating to the operations and performance of the bodies furnishing the annual reports; and

(h)         report to the Senate each year whether there are any bodies which do not present annual reports to the Senate and which should present such reports.

Requirements

1.3        This report was prepared pursuant to Standing Order 25(20) relating to the consideration of annual reports by committees. The Senate Order requires that the committee examine the reports referred to it to determine whether they are timely and satisfactory. In forming its assessment the committee has considered whether the reports comply with the relevant legislation and guidelines in preparation of annual reports:

  • for departments of state and executive agencies these are: the Public Service Act 1999, subsections 63(2) and 70(2), and the Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, Department of Prime Minister and Cabinet, updated June 2010 and approved by the Joint Committee of Public Accounts and Audit on 23 June 2010;
  • for Commonwealth authorities and companies: the Commonwealth Authorities and Companies Act 1997 (the CAC Act), sections 9, 36 and 48, and the Commonwealth Authorities and Companies (Report of Operations) Orders 2008 (CAC Orders); and
  • for non-statutory bodies: the requirements are contained in the Government response to the report of the Senate Standing Committee on Finance and Government Operations on Non-statutory bodies, Senate Hansard, 8 December 1987, pp 2643–45.

1.4        A table listing the annual reports of departments and agencies tabled in the Senate (or presented out of session to the President of the Senate), which have been referred to the committee for examination, can be found at Appendix 1.

Timeliness of reports

1.5        Under Standing Order 25(20)(c), the committee must also report to the Senate on any lateness in the presentation of annual reports. The Requirements for Annual Reports published in 2009 state that:

A copy of the annual report is to be presented to each House of the Parliament on or before 31 October in the year in which the report is given.[1]

...

Where an agency's own legislation provides a timeframe for its annual report, for example 'within six months' or 'as soon as practicable after 30 June in each year', that timeframe applies.[2]

1.6        The majority of annual reports referred to the committee were tabled within the specified period or shortly thereafter. The committee acknowledges that the following organisations provided notification that their reports would be delayed:

  •   Anindilyakwa Land Council
  •   Department of Families, Housing, Community Services and Indigenous Affairs
  •   Northern Land Council
  •   Tiwi Land Council

1.7        The committee notes a substantial delay in the tabling of the Anindilyakwa Land Council Annual Report 2008-09. Anindilyakwa Land Council originally submitted this report to the Minister in September 2009, however the report was 'found by officials to be non-compliant in various respects'.[3]  Anindilyakwa Land Council attributes the delay to having to address those compliance issues.  The report was tabled in the Senate alongside the 2009-10 annual report on 1 March 2011.

1.8        The committee also notes that a number of reports were received by the Minister before the due date, but tabled after the due date. Unless otherwise commented upon, all other reporting requirements were met.

General comments

1.9        The committee is pleased to note that generally the annual reports examined adhere to the relevant reporting guidelines in a satisfactory manner. The reports continue to maintain high standards of presentation and provide a comprehensive range of information on their functions and activities.

Comments made in the Senate

1.10      The committee is obliged, under Senate Standing Order 25(20)(d) to consider any remarks made about these reports in the Senate. Where any comments have been made they are referred to in the section below on the evaluation of individual reports.

Bodies not presenting annual reports to the Senate

1.11      The committee is required to report to the Senate on whether there are any bodies which do not present annual reports to the Senate and which should present such reports. The committee considers that there are no bodies within its portfolio areas that do not meet their reporting requirements to the Senate in this regard.

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