Chapter 1


Chapter 1

Introduction

1.1        This is the Senate Education, Employment and Workplace Relations Legislation Committee's (the committee) first report on annual reports for 2010. It provides an overview of the committee's examination of annual reports for the    2008–09 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:

(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.
(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.[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 May 2009 and 31 October 2009. The committee examined the reports of the:

Departmental reports
  • Department of Education, Employment and Workplace Relations
Departmental bodies
  • Safety, Rehabilitation and Compensation Commission
Prescribed agencies (under FMA Act)
  • Australian Industrial Relations Commission and Australian Industrial Registry
  • Seafarers Safety, Rehabilitation and Compensation Authority (Seacare)
Commonwealth  authorities (under the CAC Act)
  • Australian National University
  • Comcare
Commonwealth companies under the CAC Act
  • Australian Learning and Teaching Council (formerly known as The Carrick Institute)
  • Teaching Australia–Australian Institute for Teaching and School Leadership Limited 
Reports on legislation
  • Report to the Commonwealth, made under Section 24 of the Air Passenger Ticket Levy (Collection) Act 2001, for the period 1 April 2008 to 31 March 2009.

1.5        The tabling dates of these 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 30 June'. Nonetheless, the committee reminds all agencies that the government considers it best practice for annual reports to be tabled by 31 October each year.

1.11      The committee notes that the Australian Curriculum, Assessment and Reporting Authority (ACARA) was granted an extension for the tabling of its annual report for 2008–09 by the Minister for Education, Employment and Workplace Relations. In accordance with Subsection 34C(6) of the Acts Interpretation Act 1901, the Minister tabled notification of a delayed presentation of the ACARA Annual Report 2008–09 on 26 October 2009. ACARA was established under the ACARA Act 2008 on 8 December 2008, but was not operational until the appointment of its board members in May 2009. Despite being operational only from May 2009, the Australian Government Solicitor informed ACARA that it would have to report for the 2008–09 financial year, with the key trigger for the reporting obligation being the establishment of ACARA in December 2008. ACARA determined that its annual report would not be finalised in time for tabling, after receiving advice from the Australian National Audit Office (ANAO) explaining that an audit of its financial statements would not be able to occur within the needed timeframe. The committee will examine the ACARA Annual Report 2008–09 in its second report for 2010.  

1.12      The committee notes that a number of annual reports under its purview were not received by the 31 October deadline in order to be reported on in the committee's Report on Annul Reports (1 of 2010). The reports of the following bodies will be examined in the committee's Report on Annual Reports (2 of 2010):

  • Australian Curriculum, Assessment and Reporting Authority
  • Australian Fair Pay Commission
  • Australian Fair Pay Commission Secretariat
  • Australian Vocational Education and Training System–Report for 2008
  • Coal Mining Industry (Long Service Leave Funding) Corporation
  • Defence Force Remuneration Tribunal
  • Office of the Australian Building and Construction Commissioner
  • Remuneration Tribunal
  • Schools Assistance (Learning Together–Achievement Through Choice and Opportunity) Act 2004–Report on financial assistance granted to each state in respect of 2008
  • Skills Australia
  • Workplace Authority
  • Workplace Ombudsman.
General comments on reports

1.13      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.      

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