Preface
Terms of reference
On 24 August 1994, the Senate adopted the following
procedural orders relating to the functions of legislation committees and, in
particular, their role in relation to annual reports[1]:
25(21) Annual report 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:
- 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 no
present annual reports to the Senate and which should present such reports.
Annual reports referred
1.1
Under a procedural order in the 39th
Parliament, the Senate agreed that two departments, Employment, Workplace
Relations and Small Business and the Department of Education, Training and
Youth Affairs, be allocated to the Employment, Workplace Relations, Small
Business and Education Legislation Committee. The list of annual reports that
fall within the ambit of the Committee is set out at Appendix 1.
1.2
In accordance with Senate Standing Order 25 (21)
(f) this report examines those annual reports referred to the Committee between
1 May 1999 and 31 October 1999. During this period ten annual reports of
statutory authorities, two reports on the operation of legislation, one annual
report of a government company, and two departmental reports were received.
These reports are listed in Appendix 2.
Method of assessment
1.3
The Senate Order referred to previously requires
that the Committee examine the Reports referred to it to determine whether they
are timely and ‘apparently satisfactory’. In forming its assessment the
Committee has considered whether the reports comply with the relevant
guidelines for the preparation of annual reports:
- for portfolio departments, sections 7 and 25 of the Public
Service Act 1922, and the Requirements for Departmental Annual Reports,
Department of Prime Minister and Cabinet, May 1999
- for Commonwealth authorities and companies, the Commonwealth
Authorities and Companies Act 1997
- for non-statutory bodies, the guidelines contained in the
Government response to the Senate Standing Committee on Finance and Public
Administration Report on Non-Statutory bodies, Senate Hansard, 8 December
1987, pp 2643-45
1.4
With the exception of the Requirements for
Departmental Annual Reports, these guidelines are printed under Appendix 3.
General Comments on Reports
1.5
The Committee has agreed, under the terms of the
procedural order requiring it to report to the Senate on Annual Reports, that
all reports described here are apparently satisfactory with the exception of
the timeliness of ESRA’s 1997-1998 Annual Report, which is commented on in the
next chapter. In making this assessment, the Committee considers aspects such
as the timeliness of presentation and compliance with relevant reporting
guidelines.
1.6
The Committee found all reports, with the above
exception, had been lodged with the appropriate minister on time, were tabled
in Parliament within the specified period, and met the required reporting
requirements. The reports are generally of a high calibre in layout and in the
extent of information presented. All reports meet the requirement of being
apparently satisfactory.
Comments made in the Senate Chamber
The Committee is obliged, under Senate Standing Order 25
(21)(d) to consider any remarks made about these reports in the Senate. Where
remarks have been made, the Senator's name and the date of the comments have
been noted.
Bodies not presenting annual reports to the Senate
The Committee is required to report to the Senate each year
on whether there are any bodies which do not present annual reports to the
Senate and which should present such reports.
The Committee is satisfied that there are no bodies, within
these portfolios, which do not meet their reporting requirements to the Senate.
Senator
J Tierney
Chair
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