Chapter 1

Chapter 1

Overview

Introduction

1.1       Annual reports of departments and agencies are referred to Senate legislation committees under Senate Standing Order 25(20). The Economics Legislation Committee is responsible for the scrutiny of departments and agencies in the following portfolios:

1.2       The structures and outcomes for each of these portfolios for 2008-09 are summarised in Appendices 1, 2 and 3, respectively.

1.3       Standing Order 25(20) requires the committee to:

Purpose and requirements of annual reports

1.4       Annual reports provide information on the success (or otherwise) of agencies in meeting targets outlined in budget statements, their primary function being to assist in ensuring the public accountability of government agencies. The tabling of annual reports in the Parliament, and scrutiny by Senate committees, allows Parliament to make informed judgments on the executive's performance in administering government programmes.

1.5       Departments of State and Executive Agencies present their annual reports pursuant to subsections 63(2) and 70(2) of the Public Service Act 1999, respectively. These entities, as well as prescribed agencies under section 5 of the Financial Management and Accountability Act 1997 (FMA Act), are 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.[3]

1.6       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.[4]

1.7       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. 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.

1.8       The legislation governing the annual reports of agencies considered in this report is shown in Appendices 4, 5 and 6.

Reports referred to the committee

1.9       Under Standing Order 25(20)(f), the committee is required to report on the annual reports of departments and agencies tabled in the Senate between 1 November and 30 April of the following year by the tenth sitting day after 30 June of that year. This year that date is 17 November 2010.[5]

1.10       This report therefore examines the 2008-09 annual reports of the following agencies (which were tabled in the Senate or presented to the President between 1 November 2009 and 30 April 2010):

Anglo-Australian Observatory (AAO)

1.11       In its report, Annual reports (No. 1 of 2010), the committee inadvertently noted that the following reports should have been tabled more promptly:

1.12       In fact the above four reports were all presented to the President on 30 October 2009 and therefore met the relevant timing requirements.

1.13       Comments on all of the above reports are contained in Chapter 2.

Timeliness

1.14       Standing Order 25(20)(c) requires the committee to report to the Senate on the late presentation of annual reports.

Departments and FMA Act entities

1.15       Section 4 of the Requirements for Annual Reports 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.

CAC Act entities

1.16       Section 9 of the CAC Act stipulates that the deadline for furnishing the minister with the annual reports of Commonwealth authorities 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.

1.17       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:

Other entities

1.18       Entities 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 subsections 34C(2) and 34C(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.

Government policy for all annual reports

1.19       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'.[6]

1.20       The committee notes that of the annual reports considered in this report, only the four listed in paragraph 1.11 and the Productivity Commission's report (which was tabled on time in the House of Representatives), have met the requirement set down by this policy.

1.21       While it is government policy that all annual reports should be tabled by 31 October, dates for the tabling of annual reports set in legislation vary between agencies and as such will be considered in the specific comments on annual reports below where necessary.

Remarks made in the Senate

1.22       Senate Standing Order 25(20)(d) directs the committee to take into account remarks made in the Senate when considering annual reports.

1.23       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

1.24       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

1.25       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.[7]

1.26       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'. In doing so the committee considers compliance with the reporting guidelines specified by the legislation under which departments and agencies present their annual reports.

1.27       The committee considers that the reports it has examined are generally 'apparently satisfactory'.

1.28       Despite this, the committee believes that some aspects of agency annual reports can be improved. In this report the committee has particularly focussed on examining whether or not agency annual reports contain:

Compliance indexes

1.29       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.

1.30       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.

External scrutiny and parliamentary accountability

1.31       The Requirements for Annual Reports 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:

(a) judicial decisions and decisions of administrative tribunals that have had, or may have, a significant impact on the operations of the department; and

(b) 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.[8]

1.32       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.

1.33       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).

1.34       With this in mind, the committee believes that future annual reports could be improved by more systematic reporting in relation to parliamentary committee inquiries and reports, and reports of the Auditor-General and Ombudsman. The committee notes that the ACT Chief Minister's 2007-2010 Annual Report Directions require ACT Government agencies to include a schedule of completed Legislative Assembly committee inquiries, and reports of the Auditor-General and Ombudsman, that relate to the operations of that agency. Agencies are also required to provide details on the implementation of recommendations in their annual reports.[9]

Recommendation 1

1.35       The committee recommends that the government, in consultation with the Joint Committee of Public Accounts and Audit, amend the annual reporting requirements for government entities to provide for more systematic reporting in relation to external scrutiny, including for parliamentary committee inquiries and reports, in line with sections B.2 and B.3 of the ACT Chief Minister's
2007-2010 Annual Report Directions
.

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