Chapter 1
Overview
1.1
The committee is responsible for examining the annual reports of
departments and agencies within three portfolios:
- Agriculture, Fisheries and Forestry;
- Infrastructure and Transport; and
-
Regional Australia, Local Government, Arts and Sport.
Terms of Reference
1.2
Under Senate Standing Order 25(20), annual reports of departments and
agencies shall stand referred to the legislation 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 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.
(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.
Purpose of annual reports
1.3
The tabling and scrutiny of annual reports by Senate committees, under
Standing Order 25(20), is an important element in the process of the
government's accountability to Parliament. The information provided in annual reports
is placed on the public record and assists Parliament in its examination of the
performance of departments and agencies and the administration of government
programs.
Requirements
1.4
Annual reports are examined by the committee to determine whether they
are timely and 'apparently satisfactory'. In forming its assessment, the
committee considers whether the reports comply with the relevant legislation
and guidelines for the preparation of annual reports:
- for departments of state and executive agencies these are: the Public
Service Act 1999, subsections 63(2) and 70(2), and the Requirements for
Annual Reports for Departments, Executive Agencies and FMA Act Bodies (Requirements
for Annual Reports), Department of the Prime Minister and Cabinet
(PM&C), approved by the Joint Committee of Public Accounts and Audit and updated
by PM&C on 28 June 2012;
- for Commonwealth authorities and companies: the Commonwealth
Authorities and Companies Act 1997 (the CAC Act), sections 9, 36 and 48,
the Commonwealth Authorities (Annual Reporting) Orders 2011, the
Commonwealth Companies (Annual Reporting) Orders 2011 (CAC Orders) and
the requirements of the Corporations Act 2001; and
-
for non-statutory bodies: the requirements are contained in the
Government response to the report of the Senate Standing Committee on Finance
and Government Operations on Non-statutory bodies, Senate Hansard, 8 December
1987, pp 2643–45.
1.5
The committee notes that Annual reports for Commonwealth authorities and
companies for the 2011-12 financial year have been be prepared in accordance
with the respective CAC Orders.
1.6
The committee reminds departments, executive and prescribed agencies to
review the Printing standards for documents presented to Parliament (the
standards). The standards do not encourage the use of full colour printing and
suggest that this should be restricted to those reports of companies and
authorities in active competition with the private sector, documents that are
used for communication or marketing purposes with an audience beyond the
Parliament.[1]
The committee also reminds departments, executive and prescribed agencies that
the use of colour that 'bleeds' to the edge of the page is not permitted under
the standards.[2]
Reports referred to the committee
1.7
Standing Order 25(20)(f) requires the committee to report on annual
reports tabled by 31 October each year by the tenth sitting day of the
following year. This year, that date is 14 March 2013. The committee is also
required to report on annual reports tabled by 30 April each year by the tenth
sitting day after 30 June of that year, this year, that date is 12
September 2013.
1.8
On 8 February 2012, the Senate amended the continuing order relating to
the allocation of departments and agencies to committees. The change of
allocations resulted in the Rural Affairs and Transport Committee changing its
name to the Rural and Regional Affairs and Transport Committee. The change also
resulted in the recently established Regional Australia, Local Government, Arts
and Sport portfolio moving from the Finance and Public Administration Committee's
responsibilities to the Rural and Regional Affairs and Transport Committee's
responsibilities. The committee now has responsibility for the oversight of the
following portfolios:
- Agriculture, Fisheries and Forestry;
- Infrastructure and Transport; and
- Regional Australia, Local Government, Arts and Sport.[3]
1.9
This report considers annual reports which were tabled in the Senate or
presented to the President of the Senate between 1 May 2012 and 31 October 2012.
The committee notes that the Report on Annual Reports (No.1)
considers reports tabled each year between 1 May and 31 October.
1.10
The committee examined four annual reports of agencies within the
Agriculture, Fisheries and Forestry portfolio, seven annual reports of agencies
within the Infrastructure and Transport portfolio, and fourteen annual report
of agencies within the Regional Australia, Local Government, Arts and Sport
portfolio as follows:
Agriculture, Fisheries and Forestry Portfolio
- Department of Agriculture, Fisheries and Forestry—Report for
2011-12;
- Wine Australia—Report for 2011-12;
- Australian Landcare Council—Report
for 2011-12;
- National Rural Advisory Council—Report
for 2011-12;
Infrastructure and Transport
Portfolio
- Department of Infrastructure and Transport—Report for 2011-12;
-
Airservices Australia—Report
for 2011-12;
- Civil Aviation Safety Authority—Report
for 2011-12;
- Australian Maritime Safety Authority—Report for 2011-12;
- National Transport Commission—Report
for 2011-12;
- Australian Rail Track Corporation—Report
for 2011-12;
- Australian Transport Safety Bureau—Report
for 2011-12;
Regional Australia, Local Government,
Arts and Sport Portfolio
-
Department of Regional Australia, Local Government, Arts and
Sport—Report for 2011-12;
- Australia Council for the Arts—Report
for 2011-12;
- Australian Film, Television and Radio School—Report for 2011-12;
- Australian National Maritime Museum—Report
for 2011-12;
- Australian Sports Commissions—Report
for 2011-12;
- National Gallery of Australia—Report
for 2011-12;
- National Library of Australia—Report
for 2011-12;
-
National Museum of Australia—Report
for 2011-12;
- National Film and Sound Archive—Report
for 2011-12;
- Screen Australia—Report
for 2011-12;
- Australian River Co Limited—Report
for 2010-11;
- Bundanoon Trust Limited—Report
for 2011-12;
-
Australian Sports Anti-Doping Authority—Report for 2011-12;
-
National Archives of Australia and National Archives of Australia
Advisory Council—Report for
2011-12; and
- Old Parliament House (Museum for Australian Democracy)—Report for 2011-12.
1.11
A complete list of reports referred to the committee during the period 1
May to 31 October 2012 (including those not examined) appears at Appendix 1. Reports
referred to the committee since 1 November 2012 appear at Appendix 2.
Reports not examined
1.12
The committee is not obliged to report on Acts, statements of corporate
intent, surveys, corporate plans or errata. The following five documents were
referred to the committee but have not been examined:
- Australian Meat and Live-stock Industry Act 1997—Report
for 2010-11 in relation to compliance with the statutory agreement between
the Commonwealth of Australia and Australian Livestock Export Corporation
Limited (Livecorp);
- Australian Meat and Live-stock Industry Act 1997—Live-stock
mortalities during exports by sea—Report for the period 1 January to
30 June 2012;
- Sydney Airport Demand Management Act 1997—Quarterly report
on the maximum movement limit for Sydney Airport for the period 1 January
to 30 March 2012; and
- Sydney Airport Demand Management Act 1997—Quarterly report
on the maximum movement limit for Sydney Airport for the period 1 April to
30 June 2012.
- Local Government (Financial Assistance) Act 1995—Report
for 2008-09 Local Government National Report.
Timeliness
1.13
Standing Order 25(20)(c) requires the committee to report to the Senate
on the late presentation of annual reports.
1.14
As stated in the Requirements for Annual Reports for Departments,
Executive Agencies and FMA Act Bodies (Requirements for Annual Reports),
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.[4]
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.[5]
Where the financial year ends on 30 June, this deadline translates to 15
October.
Comments on reports
Changes to legislative requirements
for Departments, Executive Agencies and FMA Act Bodies
1.15
With the passage of the Carer Recognition Act 2010, the reporting
requirements for public service care agencies have changed. Agencies must report
their compliance with the obligations outlined in the Carer Recognition Act
2010.
1.16
The reporting requirement for agencies to provide details of each relevant
consultancy is no longer required as the information appears on the AusTender
website.[6]
1.17
With the commencement of the Information Publication Scheme (IPS) in
2011 and removal of the requirement for Freedom of Information Act 1982
reporting in individual Commonwealth agency annual reports.[7]
An explicit statement to where an agency's IPS information can be found must be
made in each agency's annual report.[8]
List of requirements/Compliance
index
1.18
The committee is concerned to note that a number of annual reports have either
failed to provide or have provided incomplete compliance indexes. A 'List of
Requirements' is a mandatory inclusion specified in the Requirements for Annual
Reports.[9]
This list greatly facilitates the committee's task of ensuring adherence to
reporting requirements, as well as assisting agencies to clearly and publicly
demonstrate that all legislative obligations have been met.
1.19
The committee considers that as a matter of best practice, CAC Act
bodies should provide equivalent information in the form of a compliance index
based on requirements in the CAC Act and their own governing legislation.
1.20
The committee is particularly pleased with the compliance indexes contained
in reports of Wine Australia and the Australian Maritime Safety Authority. Each
compliance index was helpfully separated by legislative reporting requirements,
which aided the committee's task of ensuring compliance to the reporting
requirements.
Report on performance
1.21
The committee considers that most annual reports have provided a clear
and thorough report on performance. Annual reports that contained the information
presented in tables 'achieved', 'partially achieved' or 'not achieved' were
especially effective in demonstrating performance in relation to requirements.
The Requirements of Annual Reports specifies that the review must include:
a statement noting if the department has historically met
each Key Performance Indicator (KPI). For those KPIs that have not been
achieved, a brief explanation is to be included.[10]
1.22
In particular the committee considers that the Department of
Infrastructure and Transport has fulfilled this reporting requirement to a high
standard.
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