CHAPTER 1
Introduction
1.1
This is the Senate Education and Employment Legislation Committee's (the
committee) second report on annual reports for 2015. It provides an overview of
the committee's examination of annual reports for the 2013–14 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, which 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 2014 and 30 April 2015. The
committee examined the following reports:
Statutory authorities and bodies
-
Asbestos Safety and Eradication Agency – Report for 2013-14
-
Safe Work Australia – Report for 2013-14
-
Workplace Gender Equality Agency – Report for 2013-14
Commonwealth companies under the Commonwealth Authorities Companies Act 1997
(CAC Act)
-
Coal Mining Industry (Long Service Leave Funding) Corporation –
Report for 2013-14.
1.5
The tabling dates of these reports are listed at Appendix 2. Details of
all annual reports referred to the committee are set out at Appendix 1. Reports
tabled by 31 October 2014 were considered in the committee's first Report on
Annual Reports.
Reports not examined
1.6
The committee is not obliged to report on Acts, statements of corporate
intent, surveys, corporate plans or errata. The following documents were
referred to the committee but not examined:
-
Schools Assistance Act 2008-Report on financial assistance
granted to each state in respect of 2012
-
Schools Assistance Act 2008-Report on financial assistance
granted to each state in respect of 2013
Method of assessment
1.7
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.
1.8
The requirements are set down in the following Acts and instruments:
- for
portfolio departments: the Public Service Act 1999, sub sections 63(2)
and 70(2), and the Requirements for Departmental Annual Report, for
Departments, Executive Agencies and Financial Management and Accountability Act
1997 (FMA Act) Bodies, Department of Prime Minister and Cabinet, revised
May 2014;
- for
Commonwealth authorities and companies: the Commonwealth Authorities and
Companies Act 1997, in particular sections 9, 36 and 48, the Commonwealth
Companies (Annual Reporting) Orders 2011, and the Corporations Act 2001;
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.[2]
Timeliness in tabling annual reports
1.9
Standing Order 25(20)(c) requires the committee to report to the Senate
on the late presentation of annual reports.
1.10
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.[3]
Those agencies reporting under the CAC Act 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.[4]
1.11
The committee recognises that the agencies covered by this report are
subject to other timeframes stipulated in their enabling legislation, such as presenting
their report 'as soon as practicable' after a given date[5]
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
1.12
The committee has found, under the terms of standing order 25(20), that
the reports described here are 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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