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:
(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; and
(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.
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 and approved by the Joint Committee of Public Accounts and
Audit, the Requirements for Annual Reports for Departments, Executive
Agencies and FMA Act Bodies, the annual reports of departments, and
executive and prescribed agencies, must be tabled in each House of Parliament by
31 October.[1] If a department is unable to meet this
deadline, the secretary of that department 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]
Orders made by the Minister under section 48 of 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
Government Response was incorporated into the Senate Hansard of 8 December
1987.[3]
'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 the Requirements
for Annual Reports for departments, executive agencies and FMA Act bodies.
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.
...
Where an agency's own legislation provides a timeframe for its
annual report, for example "within six months" or "as soon as
practicable after 30 June in each year", that timeframe applies.[4]
A table listing the annual reports of departments and agencies
tabled in the Senate (or presented out of session to the President of the
Senate) by 31 October 2009 and which have been referred to the committee for
examination in this report can be found at Appendix 1.[5]
These reports met the requirement for timeliness.
Conclusion
The reports examined by the committee were found to be of a
satisfactory standard, adequately describing the functions, activities and
financial positions of the departments and agencies. The committee finds all
submitted annual reports to be 'apparently satisfactory'.
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