Chapter 1Overview
1.1The Senate Rural and Regional Affairs and Transport Legislation Committee (the committee) is responsible for examining the annual reports of the department and agencies in the Agriculture, Fisheries and Forestry and the Infrastructure, Transport, Regional Development, Communications and the Arts (excluding Communications and the Arts) portfolios.
1.2This report on annual reports (No. 2 of 2023) provides an overview of the committee’s examination of annual reports tabled or presented out of sitting between 1 November 2022 and 30 April 2023.
1.3This is the second of the two reports on annual reports that the committee is required to present in 2023. The first report was tabled on 21 March 2023.
Terms of reference
1.4Under 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 is required to:
(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
1.5Annual reports provide a public record on the performance, management, and financial status on government departments and agencies. These reports are a primary accountability mechanism for the Parliament to examine and scrutinise the performance of departments and agencies, and the administration of government programs. Under Standing Order 25(20), Senate legislation committees analyse annual reports and provide an avenue of government accountability to the Parliament.
Allocated portfolios
1.6This report provides an overview of the committee’s examination of annual reports for the 2021–22 financial year. For the reporting period, the committee was responsible for examining the annual reports of departments and agencies within the following portfolios:
Agriculture, Fisheries and Forestry; and
Infrastructure, Transport, Regional Development, Communications and the Arts (excluding Communications and the Arts).
Reports referred to the committee
1.7This report examines the following annual reports, that were tabled in the Parliament or presented out of session between 1 November 2022 and 30April2023:
Agriculture, Fisheries and Forestry portfolio
Australian Fisheries Management Authority;
Australian Livestock Export Corporation Limited (LiveCorp);
Dairy Australia; and
Wine Australia.
Infrastructure, Transport, Regional Development, Communications and the Arts (excluding Communications and the Arts) portfolio
National Capital Authority.
Reports not examined
1.8The committee is not required to report on Acts, statements of corporate intent, surveys, policy papers, budget documents, corporate plans or errata. Accordingly, the following documents were referred to the committee but have not been examined in this report:
Local Government National Report 2020–21;
Report on movement cap for Sydney Airport – 1 July 2022 to 30September2022; and
Report on movement cap for Sydney Airport –1 October 2022 to 31December 2022.
Annual reporting requirements
1.9The Public Governance, Performance and Accountability Act 2013 (PGPA Act) establishes a performance reporting framework for all Commonwealth entities and companies. The performance framework at section 38 of the PGPA Act requires all Commonwealth entities to measure and assess their performance.
1.10Section 39 of the PGPA Act requires all Commonwealth entities to prepare an annual performance statement and include those statements in their annual reports. Entities use the annual performance statements to report on the results achieved against the targets, goals and measures established at the beginning of a reporting year in corporate plans and Portfolio Budget Statements.
1.11The performance framework established under the PGPA Act includes the requirement for Commonwealth entities to prepare a corporate plan and annual performance statements. The Public Governance, Performance and Accountability Rule 2014 (PGPA Rule 2014), established under the PGPA Act, details the requirements for the corporate plan, annual performance statements as well as guidelines for annual reports.
1.12Different types of commonwealth bodies have separate provisions for annual reporting, which affect content and preparation requires. A summary of the legislative authority and requirements is outlined below:
Non-corporate Commonwealth entities:
PGPA Act, section 46 and the PGPA Rule 2014, Division 3A(A);
for parliamentary departments, the Parliamentary Service Act 1999, section65; and
for statutory bodies, relevant enabling legislation.
Corporate Commonwealth entities
PGPA Act, section 46 and the PGPA Rule 2014, Division 3A(B); and
for statutory bodies, relevant enabling legislation.
Commonwealth companies
PGPA Act, section 97, which also refers to requirements under the Corporations Act 2001 and the PGPA Rule, Part 3-3; and
for statutory bodies, relevant enabling legislation.
Non-statutory bodies
The annual reporting requirements are contained in the government response to the Senate Standing Committee on Finance and Public Administration's Report on Non-Statutory bodies.
Timeliness
1.13As part of its review of annual reports, the committee is required to investigate and report on any lateness in the presentation of annual reports. In assessing the timeliness of the presentation of annual reports, the committee assesses the presentation against the requirements of the PGPA Act, the PGPA Rule and other legislative requirements. The committee also considered the timing of Senate estimates hearings.
Presentation to ministers
1.14The PGPA Act requires Commonwealth entities, both corporate and non-corporate to prepare an annual report and provide it to the responsible minister by the 15th day of the fourth month after the end of the entities reporting period (normally 15 October).
1.15The requirements for Commonwealth companies differs slightly, as listed under Section 97 of the PGPA Act. Under subsection 97(2) of the PGPA Act, a commonwealth company must provide a report to the responsible minister:
(a)if the company is required by the Corporations Act 2001 to hold an annual general meeting—the earlier of the following:
(i)21 days before the next annual general meeting after the end of the reporting period for the company;
(ii)4 months after the end of the reporting period for the company; and
(b)in any other case—4 months after the end of the reporting period for the company; or the end of such further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.
Tabling in Parliament
1.16The PGPA Rule 2014 states that annual reports for corporate Commonwealth entities, non-corporate Commonwealth entities and Commonwealth companies must comply with the guidelines for the presentation of documents to the Parliament, which is prepared by the Department of the Prime Minister and Cabinet.
1.17Entities reporting in accordance with their own legislation are often required to prepare for the relevant minister their annual report 'as soon as is practicable' after the end of the particular period to which the report relates. The committee draws attention to the Acts Interpretation Act 1901 which stipulates that where no date for providing a report to a minister is specified, the report should be provided no more than six months after the reporting period, and the minister must present the report to the Parliament within 15 days after the minister receives it.
Timeliness of reports examined
1.18There are two elements the committee examines in regard to timeliness: the delivery of the report to the minister and the presentation of the report to the Parliament.
1.19Appendix 1 sets out a complete list of documents refereed to the committee during the period 1 November 2022 and 30 April 2023. The appendix includes references to the dates on which the annual reports were sent to, and received by the responsible minister, and the dates on which the reports were tabled or presented in the House of Representatives and the Senate.
1.20In Annual Report (No. 1 of 2023) tabled on 21 March 2023, the committee noted that Wine Australia, Australian Fisheries Management Authority and the National Capital Authority did not table their annual reports by 31 October 2022. They were tabled on 3 November 2022, 22 November 2022, and 3November 2022 respectively.
1.21The committee encourages all departments and agencies to table their annual reports within the relevant statutory period and prior to any upcoming Senate estimates hearings.
Senate debate
1.22Senate Standing Order 25(20) requires the committee to consider any relevant remarks about reports made in debate in the Senate. The committee notes that the annual reports examined in this report have not been the subject of comments or debates in the Senate.
Bodies not presenting annual reports to the Senate
1.23The committee is required to report to the Senate on whether there are any bodies which have presented an annual report to the Senate but did not. The committee is satisfied that there are no such bodies at this time.
Apparently satisfactory
1.24Standing Order 25(20)(a) requires the committee to report to the Senate on whether the annual reports of departments and agencies in its portfolio are 'apparently satisfactory'. In making this assessment, the committee considers aspects including timeliness of presentation and compliance with the relevant reporting requirements.
1.25The committee considers that all annual reports referred during the reporting period were ‘apparently satisfactory’.