Chapter 1
Introduction
1.1
This is the Senate Education, Employment and Workplace Relations
Committee's (the committee) second report on annual reports for 2009. It
provides an overview of the committee's examination of annual reports for the
2007–08 financial year.
Terms of reference
1.2
This report was prepared pursuant to Standing Order 25(20) relating to
the consideration of annual reports by committees. The Standing Order states:
Annual reports of departments and agencies shall stand
referred to the 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.
-
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.[1]
Role
of annual reports
1.3
Annual reports place a great deal of information about government
departments and agencies on the public record. Accordingly, the tabling of
annual reports is an important element of accountability to Parliament,
assisting in the effective examination of the performance of departments and
agencies, and the administration of government programs.
Annual reports referred
1.4
In accordance with Senate Standing Order 25(20)(f) this report examines
those annual reports tabled between 1 November 2008 and 30 April 2009. The committee examined the reports of the:
Departmental reports
Prescribed agencies (under FMA Act)
-
Australian Fair Pay Commission Secretariat
-
Office of the Australian Building and Construction Commissioner
-
Office of the Workplace Ombudsman
-
Workplace Authority
Statutory authorities / bodies
Commonwealth companies under the CAC Act
Reports on the
operations of Acts
1.5
The legislation establishing the agencies reported on below, and the
tabling dates of the annual reports are listed at Appendix 2. Details of all
annual reports falling within the purview of the committee are set out at
Appendix 1.
Method of assessment
1.6
Senate Standing Orders require the committee to examine the annual reports
referred to it to determine whether they are timely and ‘apparently
satisfactory’. In making this assessment, the committee considers whether the reports
comply with the relevant requirements for the preparation of annual reports of
departments and authorities.
1.7
The requirements are set down in the following instruments:
-
for portfolio departments: the Public Service Act 1999, sections
63(2) and 70(2), and the Requirements for Departmental Annual Report, for
Departments, Executive Agencies and FMA Act Bodies, Department of Prime
Minister and Cabinet, revised June 2008;
-
for Commonwealth authorities and companies: the Commonwealth
Authorities and Companies Act 1997, in particular sections 9, 36 and 48;
and
-
for non-statutory bodies: the guidelines are 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
Timeliness in tabling annual reports
1.8
Standing Order 25(20)(c) requires the committee to report to the Senate
on the late presentation of annual reports.
1.9
Annual reports must be tabled in Parliament by 31 October each year,
except where an agency's own legislation specifies a timeframe for its annual
report.[2] Those
agencies reporting under the Commonwealth Authorities and Companies Act 1997
are required to provide their annual reports to the minister by the 15th day of
the fourth month after the end of the financial year. Where the financial year
ends on 30 June, this deadline translates to 15 October.[3]
1.10
The committee recognises that some agencies are required to comply with other
timeframes stipulated in their enabling legislation, such as 'as soon as
practicable after the 30 June'.[4]
Nonetheless, the committee reminds all agencies that the government considers
it best practice for annual reports to be tabled by 31 October each year.
General
comments on reports
1.11
The committee has found, under the terms of standing order 25(20), that
all reports described here are apparently satisfactory. In making this
assessment, the committee considers aspects such as the timeliness of
presentation and compliance with relevant reporting requirements.
1.12
However, the committee once again strongly encourages the use of
compliance indexes in annual reports. Compliance indexes allow for easier readability
of annual reports, and illustrate fulfilment of reporting requirements set out
by the Department of the Prime Minister and Cabinet.
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