Preface
Terms of reference
On 8 February 2007, a resolution of the Senate allocated the
following portfolios to the Senate Standing Committee on Legal and
Constitutional Affairs:
- Attorney-General’s portfolio; and
- Immigration and Citizenship portfolio.
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; and
- 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.
Role of annual reports
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, as the information provided in annual reports assists in the
effective examination of the performance of departments and agencies and the
administration of government programs.
Timing of presentation of reports on annual reports
Standing Order 25(21)(f) requires that committees 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.
Under the guidelines issued by the Department of Prime
Minister and Cabinet, the annual reports of departments and executive and
prescribed agencies must be tabled by 31 October. If a department is unable to
meet this deadline, the secretary is to advise the responsible Minister of the
reasons for the delay, the expected tabling date and what action is proposed so
that the deadline will be met for the following year’s annual report. The
responsible Minister is to table this explanation in the Parliament on the next
available sitting day.[1]
It is government policy that all annual reports should be tabled by 31 October.[2]
Guidelines for the annual reports of statutory bodies are
set out in the Commonwealth Authorities and Companies Orders 1998 (tabled
10 November 1998).
Guidelines for the annual reports of non-statutory bodies
are set out in the Government Response to recommendations of the then Senate
Standing Committee on Finance and Government Operations in its report entitled,
Reporting Requirements for the Annual Reports of Non-Statutory Bodies. The
response was incorporated into the Senate Hansard of 8 December 1987.[3]
'Apparently satisfactory'
Under the terms of Standing Order 25(21)(a), the committee
is required to report to the Senate whether reports are 'apparently
satisfactory'. In making this assessment, the committee considers such aspects
as compliance with relevant reporting guidelines.
Timeliness
Under standing order 25(21)(c), the committee must also
report to the Senate on any lateness in the presentation of annual reports. A
table listing the Annual Reports referred to the committee and their tabling dates
can be found at Appendix 1.
The annual reports of the Australian Law Reform Commission,
the National Native Title Tribunal, the Family Court of Australia and the
Federal Magistrates Court were not tabled in, or presented to, the Parliament
by the required statutory deadline. This is not of major concern to the
committee as the reports were tabled within 2 days of the deadline.
This year the deadline for the tabling of annual reports
fell during the week of the Supplementary Budget Estimates hearings. Some Senators
expressed concern that this clash reduced the ability of the committee to properly
examine reports and ask subsequent questions of witnesses. The committee notes
that the 2007 sitting pattern removes this problem.
Conclusion
The committee examined all of the annual reports submitted
by 31 October 2006 and found them to be of a satisfactory standard: the reports
adequately describe the functions, activities and financial positions of the
various departments and agencies. The committee therefore finds all submitted
annual reports to be 'apparently satisfactory'.
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