CHAPTER 2


CHAPTER 2

ANNUAL REPORTS OF AGENCIES

2.1        The annual reports of the following agencies were referred to the committee for examination and report during the period 1 May to 31 October 2014:

Attorney-General's Portfolio

Prescribed agencies

  • Administrative Appeals Tribunal
  • Australian Commission for Law Enforcement Integrity
  • Australian Crime Commission[1]
  • Australian Federal Police[2]
  • Office of the Australian Information Commissioner
  • Australian Institute of Criminology
  • Australian Law Reform Commission
  • Australian Security Intelligence Organisation
  • Australian Transaction Reports and Analysis Centre
  • Commonwealth Director of Public Prosecutions
  • Office of the Commonwealth Ombudsman[3]
  • CrimTrac Agency
  • Family Court of Australia
  • Federal Circuit Court of Australia
  • Federal Court of Australia
  • National Archives of Australia and National Archives of Australia Advisory Council
  • Office of Parliamentary Counsel

Commonwealth authorities

  • Australia Council
  • Australian Film, Television and Radio School
  • Australian National Maritime Museum
  • National Film and Sound Archive of Australia
  • National Gallery of Australia
  • National Library of Australia
  • National Museum of Australia
  • National Portrait Gallery of Australia
  • Old Parliament House
  • Screen Australia
  • Creative Partnerships Australia

Commonwealth companies

  • Bundanon Trust Limited

Other bodies

  • Classification Board and Classification Review Board

Immigration and Border Protection Portfolio

Statutory bodies

  • Australian Customs and Border Protection Service
  • Office of the Migration Agents Registration Authority
  • Migration Review Tribunal and Refugee Review Tribunal

Consideration of annual reports

2.2        The committee considered, but has not reported on, the annual reports of the Australian Commission for Law Enforcement Integrity and the Australian Crime Commission, as the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity and the Parliamentary Joint Committee on Law Enforcement have specific responsibility for overseeing these agencies.

2.3        Similarly, the committee has considered, but not reported on, the annual reports of the Australian Federal Police and the Office of the Commonwealth Ombudsman, as the Parliamentary Joint Committee on Law Enforcement and the Senate Finance and Public Administration Legislation Committee have specific responsibility for overseeing these agencies.

2.4        The annual reports from the Australian Financial Security Authority[4], Family Law Council[5], Australian Human Rights Commission[6], and the Australian Government Solicitor[7] were not presented to the Senate before 31 October 2014. The committee has not considered these agencies in this report.

2.5        On this occasion, the committee has examined in more detail the reports of the Australian Customs and Border Protection Service, National Gallery of Australia and the Family Court of Australia.

Australian Customs and Border Protection Service

2.6        The Australian Customs and Border Protection Service (ACBPS, the service) is Australia's primary border agency. The responsibilities of the service include assisting legitimate trade and travel; preventing, deterring and detecting illegal movement of people and goods across Australia's borders; and collecting border-related revenue and trade statistics. The ACBPS also works with the Department of Defence to manage any security threats in Australian territorial waters.[8]

2.7        The 2013-14 annual report was tabled in accordance with the Customs Administration Act 1985 and the Public Service Act 1999. It was submitted and received by the minister on 23 September 2014, and received in the Senate out of session on 17 October 2014. The annual report was tabled in the Senate on 27 October 2014.[9]

2.8        The Chief Executive Officer's introduction to the annual report outlines the performance of the 2013-14 year, significant issues facing the service, financial performance, and the outlook for the future. The CEO reported that the service has seen an increase in the amount of air and sea cargo entering Australia, as well as the number of passengers crossing Australia's borders. In 2013-14, the service saw an increase in the detection of amphetamine-type stimulants, undeclared handguns and cigarettes.[10] The CEO reports on the consolidation of ACBPS into the DIBP, creating the ABF.[11] For this reason, this annual report will be the last for the ACBPS.

2.9        The ACBPS has produced an annual report that is a 'clear read' between the programmes and KPIs presented in the PAES 2013-14.[12] When applicable, the service has provided end-of-year data results from 2011-12, 2012-13 and 2013-14[13]. The outcome and programme description reflect the information provided in the PAES 2013-14 and is set out clearly for the reader. Additionally, KPI tables are set out in a clear format, providing a simple tick, cross and not applicable description. This format allows for quick identification on whether the service successfully met the target. When the ACBPS did not meet a target, a proceeding table is supplied with an explanation for the shortfall.[14] The annual report provides a comprehensive analysis of the year's performance results, and the committee commends the ACBPS for its work.

2.10      The committee considers the report of the ACBPS to be 'apparently satisfactory'.

National Gallery of Australia

2.11      The National Gallery of Australia (NGA, the gallery) is a statutory body established under the National Gallery Act 1975. It is also a Commonwealth authority under the CAC Act for annual reporting purposes and is therefore required to comply with ministerial orders under section 48 of the CAC Act, which are provided in the Commonwealth Authorities (Annual Reporting) Orders 2011.

2.12      The 2013-14 annual report of the National Gallery of Australia was presented and received by the minister on 2 October 2014, and presented to the Senate out of session on 17 October 2014. The annual report was tabled in the Senate on 27 October 2014.[15]

2.13      The committee is pleased to note that the annual report of the National Gallery of Australia 2013-14 was well-presented, and the content included in the report was coherent and concise.

2.14      The Director's report provided a very detailed outline of the gallery's activities over the year. In 2013-14 the NGA welcomed 1.24 million visitors to the gallery in Canberra and its touring exhibitions. The report also provided details on the fundraising success for the year, with a record $16.6 million raised in cash, sponsorship and value of gifts of works of art. The gallery 'committed to staging, for the first time, almost back-to-back blockbuster exhibitions' in 2013.[16]  The Toulouse-Lautrec, Turner from the Tate and the Gold and the Incas exhibitions resulted in a combined attendance of nearly 500 000 visitors and generating over $104 million for Canberra's economy. The report also notes the return of the twelfth-century bronze sculpture of Shiva Nataraja to the Indian Government.[17]

2.15      The performance summary, deliverables and KPIs of the annual report[18] coincide with the information available in the PBS 2013-14.[19] Although the information available is consistent, the deliverables and KPIs lack further analysis. The PBS 2013-14 deliverables and KPIs provide 2012-13 and 2013-14 targets, as well as forward year targets up to 2016-17.[20] The annual report only provides quantitative targets and results for 2013-14. The committee recommends including previous year results as a useful comparison on the gallery's success. Furthermore, in instances where a deliverable or KPI is not met, the committee recommends that the gallery include an explanation for the shortfall in its annual report. The committee does note that a report on the goals expressed in the Strategic Plan 2013-2017 is provided in the annual report[21]. This section of the report, although very informative, does detour away from the deliverables and KPIs outlined in the budget papers.

2.16      In conclusion, the committee considers the annual report of the National Gallery of Australia to be 'apparently satisfactory', but urges the NGA to consider a more detailed analysis of its end-of-year results for deliverables and KPIs for future annual reports.

2.17      The gallery's Director, Dr Ron Radford AM, retired at on 30 September 2014. The committee would like to thank Dr Radford for his service to the National Gallery of Australia. 

The Family Court of Australia

2.18      The Family Court of Australia (the court) is a national independent statutory body, subject to annual reporting requirements under section 38S of its enabling legislation, the Family Law Act 1975.[22] Furthermore, as a prescribed agency under the Financial Management and Accountability Act 1997 (FMA Act) the commission is also obliged to prepare annual reports according to the criteria in the Requirements for Annual Reports.[23]

2.19      From 1 July 2013, the Family Court of Australia and Federal Circuit Court of Australia FMA Act Agencies were merged into a single FMA Act Agency.[24] The Family Court and the Federal Circuit Court share the outcome and program framework outlined in the Portfolio Budget Statements.[25] For the purpose of reporting, the Family Court remains 'a separate Chapter III Court under the Australian Constitution' and reports on its own deliverables and KPI results.[26]

2.20      The 2013-14 annual report of the Family Court of Australia was presented to the Attorney-General on 10 October 2014 and was tabled in the Senate on 27 October 2014.[27] The annual report was presented within the timeframe outlined in the court's legislative requirements. The court satisfactorily provided information for all of its reporting requirements.[28]

2.21      Chief Justice Diana Bryant AO provides an informative review of the court's activities during 2013-14. The court had two judges retire in this period, on top of a further four that retired in 2012-13. Chief Justice Bryant describes the retirement of these judges as an indication of 'real generational change' in the court. The review identifies family violence as an especially important issue, and the court has seen an increase in the proportion of family violence-related cases. The Chief Justice notes resourcing and budgetary issues in the review and that the court is in a difficult financial position.[29] 

2.22      The annual report's review of the court's performance[30] provides very clear quantitative and qualitative results for 2013-14. The report compares the historical KPI data from the previous five years. These results are followed by an explanation when KPI targets are not met. To provide a clearer understanding of the court's performance, the report presents the data in two information streams: Judicial services and registry / client services. The presentation of this information is a 'clear read' between the PBS and annual report. The committee praises the Family Court of Australia for the clear presentation of its performance results.

2.23      The committee considers the report of the Family Court of Australia to be 'apparently satisfactory'.

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