Preface
Terms of reference
On 13 February 2008, 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(20)(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.[1] If a department is unable to meet this
deadline, the secretary is to advise the responsible Minister of the reasons
for the delay and the expected tabling date. The responsible Minister is to
table this explanation in the Parliament on the next available sitting day.[2]
It is government policy that all annual reports should be tabled by 31 October.[3]
Orders made by the Minister under the Commonwealth Authorities
and Companies Act 1997 set out guidelines for the annual reports of
statutory bodies.
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.[4]
'Apparently satisfactory'
Under the terms of Standing Order 25(20)(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(20)(c), the committee must also report
to the Senate on any lateness in the presentation of annual reports. The Public
Service Act 1999 requires that reports be prepared in accordance with
guidelines approved on behalf of the Parliament by the Joint Committee of
Public Accounts and Audit. These guidelines state:
A copy of the annual report is to be presented to each House of
the Parliament on or before 31 October in the year in which the report is
given.
A table listing the Annual Reports referred to the committee
and their tabling dates can be found at Appendix 1.
The report of the Department of Immigration and Citizenship
(DIAC) was presented to the then Minister on 15 October 2007 but was not
received by the Senate until 13 December 2007, which is after the cut-off date
for reports to be considered by the committee in this report. DIAC's annual
report will therefore be examined by the committee in its second report on
annual reports for 2008.
Conclusion
The committee examined all of the annual reports submitted
by 31 October 2007 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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