Review of Annual Reports
Introduction
1.1
Annual reports of departments and agencies are referred to Senate
Standing Committees under Senate Standing Order 25(20) in accordance with an
allocation of departments and agencies in a resolution of the Senate.
1.2
The Standing Committee on Economics is responsible for the
scrutiny of departments and agencies in the following portfolios:
-
Innovation, Industry, Science and Research;
-
Resources, Energy and Tourism; and
-
Treasury.[1]
1.3
The structures and outcomes for each of these portfolios are
summarised in Appendices 5, 6 and 7, respectively.
1.4
Standing order 25(20) requires the committee to:
-
examine each annual report referred to it and report to the
Senate whether the report is apparently satisfactory;
-
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;
-
investigate and report to the Senate on any lateness in the
presentation of annual reports;
-
in considering an annual report, take into account any relevant
remarks about the report made in debate in the Senate;
-
if the committee so determines, consider annual reports of
departments and budget-related agencies in conjunction with examination of estimates;
-
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;
-
draw to the attention of the Senate any significant matters
relating to the operations and performance of the bodies furnishing the annual
reports; and
-
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.[2]
Purpose and requirements of annual reports
1.5
Annual reports provide information on the success (or otherwise)
of departments and agencies in meeting targets outlined in budget statements,
their primary function being to assist in ensuring the public accountability of
government departments and agencies. This is undertaken through the tabling of
annual reports in the Parliament; and their scrutiny by Senate committees in
accordance with Senate Standing Order 25(20). This process thus allows Parliament
to make informed judgments on the executive's performance in administering
government programs.
1.6
Departments of State and Executive Agencies present their annual
reports pursuant to sections 63(2) and 70(2) of the Public Service Act 1999,
respectively. For 2007-08, these were required to comply with the Department
of the Prime Minister and Cabinet's Requirements for Annual Reports for
Departments, Executive Agencies and FMA Act Bodies, approved by the Joint Committee
of Public Accounts and Audit on 18 June 2008.[3]
1.7
Section 3(1) of the Requirements for Annual Reports states
that 'As a matter of policy, they [the annual reporting requirements] also
apply to prescribed agencies under section 5 of the Financial Management and
Accountability Act 1997' (FMA Act)[4].
The 2007-08 financial statements of departments and agencies subject to the FMA
Act must be produced in accordance with the Financial Management and
Accountability Orders (Financial Statements for reporting periods ending on or
after 1 July 2007).
1.8
Commonwealth authorities and companies present their annual
reports pursuant to their own enabling legislation and/or sections 9 and 36 of
the Commonwealth Authorities and Companies Act 1997 (CAC Act),
respectively.
2007-08 reports of Commonwealth authorities subject to the CAC Act must be
produced in accordance with the Commonwealth Authorities and Companies
(Report of Operations) Orders 2008 and the Commonwealth Authorities and
Companies Orders (Financial Statements for reporting periods ending on or after
1 July 2007). Annual reports of Commonwealth companies are
required to be based on the reporting requirements under the Corporations
Act 2001.
1.9
The Department of Finance and Deregulation (Finance) publishes a
chart that shows which agencies are subject to the FMA Act and the CAC Act.
This information is available on the Finance website at
http://www.finance.gov.au/financial-framework/fma-legislation/fma-agencies.html;
and http://www.finance.gov.au/financial-framework/cac-legislation/cac-bodies.html.
1.10
The enabling legislation of some agencies may require that agency
to report on matters other than those included in the guidelines, or impose
different reporting requirements, for example in relation to the date by which
the report should be presented. The committee's view is that such agencies,
while bound by their enabling legislation, should also comply with the
requirements imposed under the government's policy, to the extent that the
requirements do not conflict.
Reports referred to the committee
1.11
Under Standing Order 25(20)(f), the committee is required to
report on the annual reports of departments and agencies tabled between 1 May
and 31 October each year by the tenth sitting day of the following year. This
year that date is
12 March 2009. The committee is also required to report on annual reports
tabled between 1 November and 30 April of the following year by the tenth
sitting day after 30 June of that year.
1.12
This report examines the following annual reports which were
tabled in the Senate or presented to the President between 1 May 2008 and 31 October 2008:
-
Australian Competition and Consumer Commission (ACCC) – Annual
Report 2007-08
-
Australian Institute of Aboriginal and Torres Strait Islander
Studies (AIATSIS) – Annual Report 2007-08
-
Australian Nuclear Science and Technology Organisation (ANSTO) –
Annual Report 2007-08
-
Australian Office of Financial Management (AOFM) – Annual Report 2007-08
-
Australian Reinsurance Pool Corporation (ARPC) – Annual Report
2007-08
-
Australian Securities and Investments Commission (ASIC) – Annual
Report 2007-08
-
Australian Taxation Office (ATO) – Annual Report 2007-08
-
Commonwealth Grants Commission (CGC) – Annual Report 2007-08
-
Companies Auditors and Liquidators Disciplinary Board (CALDB) –
Annual Report 2007-08
-
Corporations and Markets Advisory Committee (CAMAC) – Annual
Report 2007-08
-
Department of Resources, Energy and Tourism (DRET) – Annual
Report 2007-08
-
Financial Reporting Council (FRC), Australian Accounting
Standards Board (AASB), Auditing and Assurance Standards Board (AUASB) – Annual
Reports 2007-08
-
Financial Reporting Panel (FRP) – Annual Report 2007-08
-
Inspector-General of Taxation (IGT) –
Annual Report 2007-08
-
National Offshore Petroleum Safety Authority (NOPSA) – Annual
Report 2007-08
-
Productivity Commission – Annual Report 2007-08
-
Reserve Bank of Australia (RBA) – Annual Report 2007-08
-
Royal Australian Mint – Annual Report 2007-08
-
Snowy Hydro Limited – Consolidated Financial Report 2006-07
-
Superannuation Complaints Tribunal (SCT) – Annual Report 2007-08
-
Takeovers Panel – Annual Report 2007-08
-
The Treasury – Annual Report 2007-08
Timeliness
1.13
Standing Order 25(20)(c) requires the committee to report to the
Senate on the late presentation of annual reports.
1.14
Section 4 of the Requirements for Annual Reports for
Departments, Executive Agencies and FMA Act Bodies states that annual
reports of departments and agencies under the FMA Act framework are to be
presented to each House of Parliament on or before 31 October in the year the
report is given.
1.15
Section 9 of the CAC Act stipulates that the deadline for
furnishing the Minister with the annual reports of Commonwealth agencies is the
15th day of the 4th month after the end of the financial year, that is, 15
October where the end of the financial year is 30 June. Section 36 of the CAC
Act stipulates that Commonwealth companies must give their annual reports to
the responsible Minister by the earlier of the following:
-
four months after the end of the financial year, or
-
21 days before the next annual general meeting of the company
after the end of the financial year.
1.16
Government agencies reporting in accordance with their own
legislation are often required to prepare for the relevant Minister their
annual report 'as soon as is practicable' after a particular date. The
committee draws attention to sections 34C(2) and (3) of the Acts
Interpretation Act 1901, which stipulate that where no date for providing a
report to a Minister is specified, the report should be presented no more than
six months after the reporting period, and the Minister must provide the report
to the Parliament within 15 sitting days after he or she receives it.
1.17
While the legislative requirements for the tabling of annual
reports vary between different types of agencies the Government's policy is
'that all annual reports should be tabled by 31 October'.[5]
1.18
The committee notes that the 2006-07 consolidated financial
report for Snowy Hydro Limited was not sent to the Minister until 2 May 2008. This is over ten months from the end of the 2006-07 financial year. However,
the report was tabled in the Senate within 15 sitting days of receipt by the
Minister in accordance with obligations stipulated in the Snowy Hydro
Corporatisation Act 1997 and the Acts Interpretation Act 1901.
1.19
The remaining annual reports considered in this report were
tabled within their required timeframe.
Remarks made in the Senate
1.20
Senate Standing Order 25(20)(d) directs the committee to take
into account remarks made in the Senate when considering annual reports.
1.21
None of the annual reports considered in this report have been
the subject of debate in the Senate.
Bodies not presenting annual reports to the Senate
1.22
The committee is required to report to the Senate each year under
Standing Order 25 (20)(h) on whether there are any bodies not presenting annual
reports to the Senate which should. The committee is satisfied that there are
no such bodies within the Innovation, Industry, Science and Research;
Resources, Energy and Tourism; or Treasury portfolios.
Other comments on reports
1.23
The Requirements for Annual Reports outlines the
Government's view of the purpose of annual reports:
The primary purpose of annual reports of departments is
accountability, in particular to the Parliament.
Annual reports serve to inform the Parliament (through the
responsible Minister), other stakeholders, educational and research
institutions, the media and the general public about the performance of
departments in relation to services provided. Annual reports are a key
reference document and a document for internal management. They form part of
the historical record.
1.24
In accordance with Standing Order 25(20)(a) the committee is
required to examine reports and inform the Senate as to whether they are
'apparently satisfactory'. The committee considers compliance with the
reporting guidelines specified by the legislation under which departments and
agencies present their annual reports.
1.25
The committee considers that the reports it has examined are
generally 'apparently satisfactory'.
Compliance indexes
1.26
While no longer mandatory under the reporting requirements, the
committee recommends the inclusion of a compliance index in annual reports,
which preferably should include a nil return entry where the agency has nothing
to report under an item. A compliance index is a useful feature of reports and
considerably assists the committee's task of assessing reports. It also assists
agencies by clearly showing that their compliance obligations have been met.
1.27
Where agencies have reporting requirements under various Acts the
inclusion of a comprehensive compliance index covering all relevant
requirements is a useful addition to agency annual reports.
1.28
The committee commends the Australian Taxation Office and
Productivity Commission for their inclusion of comprehensive compliance indexes
in their 2007-08 annual reports.
External scrutiny and
accountability
1.29
The Requirements for Annual Reports
for Departments, Executive Agencies and FMA Act Bodies states that annual reports:
... must provide information on the most significant developments
in external scrutiny of the department and the department's response, including
particulars of:
-
judicial decisions and decisions of administrative tribunals
that have had, or may have, a significant impact on the operations of the
department; and
-
reports on the operations of the department by the
Auditor-General (other than the report on financial statements), a
Parliamentary committee or the Commonwealth Ombudsman.
1.30
Clause 11 of Schedule 1 of the Commonwealth Authorities and
Companies (Report of Operations) Orders 2008 states that the same
requirements apply to Commonwealth authorities that present their annual
reports in accordance with the provisions of section 9 of the CAC Act.
1.31
Annual reports should be a primary reference document for
parliamentarians and others looking for information about external scrutiny of
government agencies. As noted above, the primary purpose of annual reports is
accountability to the Parliament – it is therefore important that details about
external scrutiny are included in a clear manner in annual reports. It is
particularly important that details about parliamentary scrutiny are included
in annual reports, including appearances at Senate estimates hearings (which
are the subject of bi-annual reports to the Senate).
1.32
The committee commends the Australian Taxation Office for
providing comprehensive details relating to external scrutiny and
accountability in its 2007-08 annual report.
Australian Competition and Consumer Commission (ACCC) – Annual Report
2007-08
1.33
The Australian Competition and Consumer Commission (ACCC) is a
prescribed agency under the FMA Act. The ACCC therefore presents its report in
accordance with the Requirements for Annual Reports for Departments,
Executive Agencies and FMA Act Bodies. Further requirements for its report
are specified in sections 44AAJ and 171 of the Trade Practices Act 1974 (the
TP Act).
1.34
The committee considers that the ACCC has largely met its
reporting requirements. However, the committee suggests that the report would
benefit from a more comprehensive compliance index, particularly given the
detailed requirements specified in the TP Act.
1.35
The report notes that 'the ACCC is accountable for its activities
through the courts, tribunals, parliament and the Commonwealth Ombudsman.'[6]
However, while the report did provide details of relevant court decisions, the
report did not elaborate on other external scrutiny mechanisms such as the
ACCC's appearances before Senate committees during 2007-08. The committee
suggests that such appearances should be included in future annual reports as
these appearances are a very important aspect of external scrutiny of
government agencies. The committee notes that reports on the additional and
budget estimates hearings are tabled in the Senate each year by all Senate
committees. The committee also suggests that all details relating to external
scrutiny should be (as much as possible) consolidated into one section of the
report.
Australian Institute of Aboriginal and Torres Strait Islander Studies
(AIATSIS) – Annual Report 2007-08
1.36
The Australian Institute of Aboriginal and Torres Strait Islander
Studies (AIATSIS) is a statutory authority established under the Australian
Institute of Aboriginal and Torres Strait Islander Studies Act
1989. AIATSIS presents its annual report in accordance with the provisions
of section 9 of the CAC Act.
1.37
The committee considers that AIATSIS has largely met its
reporting requirements under the CAC Act, and commends the Institute for
including a compliance index in its report.
1.38
The report stated that 'in 2007-08 AIATSIS was not subject to any
judicial decisions, parliamentary committees or other external reviews.'[7]
However, AIATSIS appeared before the committee at Senate estimates hearings
twice during 2007-08. The committee suggests that references to such
appearances before Senate committees should be included in future reports as
these appearances are a very important aspect of external scrutiny of
government agencies. The committee notes that reports on the additional and
budget estimates hearings are tabled in the Senate each year by all Senate
committees.
Australian Nuclear Science and Technology Organisation (ANSTO) – Annual
Report 2007-08
1.39
The Australian Nuclear Science and Technology Organisation
(ANSTO) is a Commonwealth authority and therefore reports under section 9 of
the CAC Act. Section 29 of the Australian Nuclear Science and Technology
Organisation Act 1987 specifies extra matters to be included in ANSTO's
annual report.
1.40
The committee considers that ANSTO has largely met its reporting
requirements under these Acts and commends ANSTO for including a compliance
index in its report.
1.41
The report stated that 'there were no reports on the operations
of ANSTO by a Parliamentary Committee or the Commonwealth Ombudsman during the
reporting year.'[8]
However, ANSTO appeared before the committee at Senate
estimates hearings twice during 2007-08. The committee suggests that
references to such appearances before Senate committees should be included in
future reports as these appearances are an important aspect of external scrutiny
of government agencies. The committee notes that reports on the additional and
budget estimates hearings are tabled in the Senate each year by all Senate
committees.
Australian Office of Financial Management (AOFM) – Annual Report 2007-08
1.42
The Australian Office of Financial Management (AOFM) is a
prescribed agency under the FMA Act.
1.43
The committee considers that the AOFM has largely met its
reporting requirements and commends the AOFM for including a compliance index
in its report.
1.44
The report provided useful details about the Australian National
Audit Office's report entitled Interim Phase of the Audit of Financial
Statements of General Government Sector Entities for the year ending 30 June 2008 as it related to the AOFM. The report also stated that in 2007-08 'no
matters relating to the AOFM were the subject of judicial proceedings, tribunal
hearings or consideration by the Ombudsman.'[9]
However, the AOFM appeared before the committee at Senate estimates hearings
twice during 2007-08. The committee suggests that references to such
appearances before Senate committees should be included in future reports as
these appearances are an important aspect of external scrutiny of government
agencies. The committee notes that reports on the additional and budget
estimates hearings are tabled in the Senate each year by all Senate committees.
Australian Reinsurance Pool Corporation (ARPC) – Annual
Report 2007-08
1.45
The Australian Reinsurance Pool Corporation (ARPC) is a Commonwealth
authority, established by the Terrorism Insurance Act 2003, that presents
its annual report in accordance with the provisions of section 9 of the CAC
Act.
1.46
The committee considers that the ARPC has met its reporting
requirements. However, the committee suggests that the ARPC's report could be
improved by including a specific compliance index.
Australian Securities and Investments Commission (ASIC) – Annual Report 2007-08
1.47
As a result of the passage of the Governance Review
Implementation (Treasury Portfolio Agencies) Act 2007 the Australian
Securities and Investments Commission (ASIC) was brought under the FMA Act from
2007-08. ASIC was therefore subject to the provisions of the FMA Act and
section 136 of the Australian Securities and Investments Commission Act 2001
(the ASIC Act) in relation to its annual reporting requirements.
1.48
The committee considers that ASIC has met its reporting
requirements under these Acts. However, as ASIC reports under a number of Acts,
and the requirements in the ASIC Act are quite detailed, the committee suggests
that a specific compliance index should be included in future reports.
1.49
In relation to the annual reporting requirements relating to
external scrutiny, the committee commends ASIC for providing details of its
appearances before parliamentary committees and statutory oversight reports by
the Parliamentary Joint Committee on Corporations and Financial Services.
Australian Taxation Office (ATO) – Annual Report 2007-08
1.50
The Australian Taxation Office (ATO) is a prescribed agency under
the FMA Act. The ATO therefore presents its report in accordance with the Requirements
for Annual Reports for Departments, Executive Agencies and FMA Act Bodies. Further
reporting requirements are specified in 19 other Acts (please refer to Appendix
4 for a comprehensive list of the legislation).
1.51
The committee considers that the ATO has met its reporting
requirements under these Acts.
1.52
The committee commends the ATO for including both a compliance
index based on the Requirements for Annual Reports and a separate list
covering the further reporting requirements specified in the 19 other Acts
referred to in Appendix 4.
1.53
The committee also commends that ATO for providing a very
comprehensive overview relating to external scrutiny of the agency in 2007-08.
The ATO provided details about test cases and other cases decided by the courts
and the Administrative Appeals Tribunal, four reports released by the
Inspector-General of Taxation, eight audit reports by the Australian National
Audit Office, and noted that the Commonwealth Ombudsman did not complete any
external research projects or 'own motion' investigations that related to the ATO.[10]
The ATO also provided comprehensive details about appearances before
parliamentary committees and parliamentary committee reports, although these
details were not published in the appendix relating to external scrutiny. The
committee suggests that a reference to these details should be included in the
relevant appendix in future annual reports.
Commonwealth Grants Commission (CGC) – Annual Report 2007-08
1.54
The Commonwealth Grants Commission (CGC) is established under the
Commonwealth Grants Commission Act 1973 and is a prescribed agency under
the FMA Act.
1.55
The committee considers that the CGC has largely met its
reporting requirements, although the committee suggests that the CGC's report
could be improved by including a specific compliance index.
1.56
The report noted that the CGC is 'subject to external scrutiny by
bodies such as Parliamentary Committees, the Ombudsman, and the Administrative
Appeals Tribunal.'[11]
However, the report did not provide any details about this scrutiny, such as
the CGC's appearance before the committee at Senate estimates in June 2008. The
committee suggests that references to such appearances before Senate committees
should be included in future reports as these appearances are an important
aspect of external scrutiny of government agencies. The committee notes that
reports on the additional and budget estimates hearings are tabled in the
Senate each year by all Senate committees.
Companies Auditors and Liquidators Disciplinary Board (CALDB) – Annual
Report 2007-08
1.57
The committee notes that there are only a few specific
requirements in section 214 of the Australian Securities and Investments
Commission Act 2001 in relation to the Companies Auditors and Liquidators
Disciplinary Board's annual report, and considers the report to be
satisfactory.
Corporations and Markets Advisory
Committee (CAMAC) – Annual Report 2007-08
1.58
As a result of the passage of the Governance Review
Implementation (Treasury Portfolio Agencies) Act 2007 the Corporations and
Markets Advisory Committee (CAMAC) was brought under the FMA Act from 2007-08. CAMAC
was therefore subject to the provisions of the FMA Act and section 162 of the Australian
Securities and Investments Commission Act 2001 (the ASIC Act) in relation
to its annual reporting requirements.
1.59
The committee considers that CAMAC has met its reporting
requirements under these Acts. However, the committee suggests that a specific
compliance index, including the reporting requirements under both the FMA Act
and ASIC Act, should be included in future reports.
Department of Resources, Energy and
Tourism (DRET) – Annual Report 2007-08
1.60
The Department of Resources, Energy and Tourism (DRET) is a
Department of State under the Public Service Act 1999 and presents in annual
report in accordance with section 63 of that Act, and the FMA Act. The report
also includes the annual reports of Geoscience Australia and the National
Offshore Petroleum Safety Authority Board.
1.61
The committee considers that DRET has largely met its reporting
requirements under the above Acts, and commends the Department for the
inclusion of a comprehensive compliance index.
1.62
In relation to external scrutiny, the report provided useful details
about relevant Australian National Audit Office (ANAO) audit reports, including
an ANAO recommendation that the (then) Department of Industry, Tourism and
Resources conduct a risk assessment of the Timor Sea Royalty Program.
1.63
The report also stated that since the Department's creation on 3 December 2007, it had not been 'directly involved in any Commonwealth Ombudsman,
Parliamentary Committees or Australian National Audit Office reports.'[12]
Similarly, Geoscience Australia reported that 'there were no judicial or administrative
tribunal decisions relevant to Geoscience Australia, or any investigations into
Geoscience Australia's operations by the Commonwealth Ombudsman or any
parliamentary committees.'[13]
However, both the Department and Geoscience Australia appeared before the
committee at Senate estimates hearings twice during 2007-08. The committee
suggests that references to such appearances before Senate committees should be
included in future reports as these appearances are an important aspect of
external scrutiny of government agencies. The committee notes that reports on
the additional and budget estimates hearings are tabled in the Senate each year
by all Senate committees.
1.64
The committee also notes that Geoscience Australia was one of
seven agencies selected for review in ANAO Audit Report No. 7 of 2007-08 entitled
The Senate Order for Departmental and Agency Contracts (Calendar Year 2006
Compliance). The report was presented to the President pursuant to Standing
Order 166 on 27 September 2007. The audit's objectives were to:
...assess the appropriateness of the use of confidentiality
provisions in Australian Government contracts as required by the Senate Order
and agreed to by the Government.
The audit involved a detailed examination in seven agencies of
the process used to compile Internet listings of contracts, and the use of
confidentiality provisions. It also involved a desktop review of the existence
and timing of contract reporting for all agencies covered by the Senate Order.[14]
1.65
The committee considers that references to such audits should be
included in future annual reports.
Financial Reporting Council (FRC), Australian Accounting Standards Board
(AASB), Auditing and Assurance Standards Board (AUASB) – Annual Reports 2007-08
[15]
1.66
The Financial Reporting Council (FRC), Australian Accounting
Standards Board (AASB) and the Auditing and Assurance Standards Board (AUASB)
report under section 235B of the Australian Securities and Investments
Commission Act 2001. For the 2007-08 financial year, section 9 of the CAC
Act also applied to the AASB and AUASB.
1.67
The committee considers that the FRC, AASB and AUASB have met
their reporting requirements under these Acts. However, the committee suggests
that a specific compliance index for each of the reports should be included in
the future.
1.68
In relation to external scrutiny and accountability the committee
commends the agencies for including details about the AASB's appearance before
the committee at Senate estimates on 5 June 2008.
Financial Reporting Panel (FRP) –
Annual Report 2007-08
1.69
The committee notes that there are only a few specific
requirements in section 239AM of the Australian Securities and Investments
Commission Act 2001 in relation to the Financial Reporting Panel's annual
reporting requirements, and considers the report to be satisfactory.
Inspector-General of Taxation (IGT)
– Annual Report 2007-08
1.70
The Inspector-General of Taxation (IGT) is a prescribed agency
under the FMA Act. The IGT therefore presents its report in accordance with the
Requirements for Annual Reports for Departments, Executive Agencies and FMA
Act Bodies. Further requirements for its report are specified in section 41
of the Inspector-General of Taxation Act 2003.
1.71
The committee considers that the IGT has largely met its
reporting requirements in relation to these Acts and commends the IGT for
including a compliance index in its report.
1.72
In relation to external scrutiny, while noting that the IGT had
not been audited by the ANAO or subject to comments by the Commonwealth
Ombudsman, the report did not examine external scrutiny by parliamentary
committees. The committee notes that the IGT appeared before the committee at
Senate estimates hearings twice during 2007-08. The committee suggests that
references to such appearances before Senate committees should be included in
future reports as these appearances are an important aspect of external scrutiny
of government agencies. The committee notes that reports on the additional and
budget estimates hearings are tabled in the Senate each year by all Senate
committees.
National Offshore Petroleum Safety Authority (NOPSA) – Annual Report
2007-08
1.73
The National Offshore Petroleum Safety Authority (NOPSA) is a
prescribed agency under the FMA Act. NOPSA therefore presents its report in
accordance with the Requirements for Annual Reports for Departments,
Executive Agencies and FMA Act Bodies. Further requirements for its annual
report are specified in section 150YV of the Petroleum (Submerged Lands) Act
1967.
1.74
The committee considers that NOPSA has met its reporting
requirements in relation to these Acts. The committee commends NOPSA for
including a compliance index in its report and comprehensive entries relating
to accountability and external scrutiny.
Productivity Commission – Annual
Report 2007-08
1.75
The Productivity Commission is a prescribed agency under the FMA
Act. The Commission therefore presents its report in accordance with the Requirements
for Annual Reports for Departments, Executive Agencies and FMA Act Bodies. Further
requirements for its report are specified in section 10 of the Productivity
Commission Act 1998 (the PC Act).
1.76
The committee considers that the Commission has largely met its
reporting requirements under these Acts. The committee commends the Commission
for including a comprehensive compliance index against both FMA Act and PC Act reporting
requirements and significant entries relating to external and internal
scrutiny. However, the committee notes that the Commission appeared before the
committee at Senate estimates hearings twice during 2007-08. The committee
suggests that references to such appearances before Senate committees should be
included in future reports as these appearances are an important aspect of
external scrutiny of government agencies. The committee notes that reports on
the additional and budget estimates hearings are tabled in the Senate each year
by all Senate committees.
Reserve Bank of Australia (RBA) – Annual Report 2007-08
1.77
The Reserve Bank of Australia (RBA) is a statutory authority
established under the Reserve Bank Act 1959. The RBA presents its annual
report in accordance with section 9 of the CAC Act.
1.78
The committee considers that the RBA has met its reporting
requirements under the Act and commends the RBA for consistently tabling its
annual report well before the required deadline and for providing comprehensive
details relating to parliamentary accountability. However, the committee
suggests that the RBA's report could be improved by including a compliance
index.
Royal Australian Mint – Annual Report 2007-08
1.79
The Royal Australian Mint is a prescribed agency under the FMA
Act.
1.80
The committee considers the Mint has met its reporting
requirements and commends the Mint for including a compliance index, and noting
that there were no significant developments relating to external scrutiny, in
its report.
Snowy Hydro Limited – Consolidated
Financial Report 2006-07
1.81
Under section 55 the Snowy Hydro Corporatisation Act 1997
Snowy Hydro Limited is required to table its financial reports in Parliament. As
noted in paragraph 1.18 above, Snowy Hydro's 2006-07 consolidated financial report
was not sent to the Minister until 2 May 2008 – over ten months from the end of
the 2006-07 financial year. Other than this delay, and given that there are no
further requirements imposed on Snowy Hydro by the legislation, the committee
considers the report to be satisfactory.
Superannuation Complaints Tribunal
(SCT) – Annual Report 2007-08
1.82
The committee notes that there are only a few requirements under
section 67 of the Superannuation (Resolution of Complaints) Act 1993 (the
SRC Act) for the Superannuation Complaints Tribunal's (SCT's) annual report,
and considers the report to be satisfactory.
1.83
The committee commends the SCT for including a compliance index
which indicates that the Tribunal's report includes information beyond that
required under the SRC Act.
Takeovers Panel – Annual Report 2007-08
1.84
The committee notes that there are only a few requirements in
section 183 of the Australian Securities and Investments Commission Act 2001
(the ASIC Act) for the Takeovers Panel's annual report, and considers the
report to be satisfactory.
1.85
The committee commends the Panel for including a compliance index
which indicates that the Panel's report includes information beyond that
required under the ASIC Act.
1.86
The committee also commends the Panel for providing comprehensive
details relating to external scrutiny in its report, including noting the
Panel's appearances at Senate estimates.
The Treasury – Annual Report 2007-08
1.87
The Treasury is a Department of State under
the Public Service Act 1999 and presents in annual report in accordance
with section 63 of that Act, and the FMA Act.
1.88
The committee considers that the Treasury has largely met its
reporting requirements under the Act and commends Treasury for including a
comprehensive compliance index in its report.
1.89
In relation to external scrutiny and accountability, the
committee commends Treasury for providing comprehensive details relating to
ANAO reports (in particular, ANAO Audit Report No. 32 of 2007-08 relating to
the preparation of the Tax Expenditures Statement) and court/tribunal
decisions. However, the committee notes the Treasury appeared before the
committee at Senate estimates and many other committee hearings during
2007-08. The committee suggests that references to such appearances before
Senate committees should be included in future reports as these appearances are
an important aspect of external scrutiny of government agencies. The committee
notes that reports on the additional and budget estimates hearings are tabled
in the Senate each year by all Senate committees.
Future developments
1.90
As noted in the committee's Report on Annual Reports (No. 2 of
2008), the Governance Review Implementation (AASB and AUASB) Act 2008
was assented to on 30 June 2008. As a result, the Australian Accounting
Standards Board and Auditing and Assurance Standards Board will be brought
under the Financial Management and Accountability Act 1997 (FMA Act)
from the 2008-09 financial year. Under the new arrangements, two agencies
prescribed under the FMA Act will be established to support the operations of
the AASB and AUASB. The agencies will be referred to as the 'Office of the
Australian Accounting Standards Board' and the 'Office of the Auditing and
Assurance Standards Board'. Under the previous arrangements the Financial Reporting
Council was responsible for financial and administrative matters of the two
boards in addition to providing strategic oversight. Under the new
arrangements the FRC will still be responsible for providing strategic
oversight, but will undertake only an advisory role with respect to financial
and administrative matters.[16]
Senator Annette Hurley
Chair
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