Senate Committees

Chapter 2

Selected agencies and reports

2.1        The committee has selected the following departments and agencies for assessment:

Department of Finance and Deregulation

2.2        The Department of Finance and Deregulation's (Finance's) annual report provides a detailed and well set out review of the Finance's operations during the 2010–11 financial period. The report highlights Finance's role in the development of the 2011–12 federal budget, the extended caretaker period following the 2010 federal election and in the government's response to severe flooding in eastern Australia and Cyclone Yasi.[1]

2.3        In addition, the report provides detailed information on Finance's work toward regulatory reform of government through Better Regulation Ministerial Partnerships; changes to the Australian Government's best practice regulation requirements[2] and its work toward a whole-of-government ICT system to improve public sector productivity.

Portfolio structure

2.4        There were two changes to the Finance portfolio during the 2010–11 reporting period. Under the Administrative Arrangements Order of 14 September 2010, responsibility for the ownership and management of the Prime Minister's official residences was transferred to Finance from the Department of the Prime Minister and Cabinet.

2.5        On 1 July 2011, the Governance of Australian Government Superannuation Scheme Act 2011 came into effect consolidating the Australian Reward Investment Alliance, the Military Superannuation and Benefits Board and the Defence Force Retirement and Death Benefits Authority into the Commonwealth Superannuation Corporation.

2.6        There were a number changes to the organisational structure of Finance in the 2010–11 financial year. A Chief Operating Officer Group (COO Group) was created on 1 July 2010 following the organisation restructure in the 2009–10 financial year. The COO Group is responsible for the management of all of Finance's corporate activities. The creation of an Implementation and Performance Improvement Division within the Financial Management Group was announced on 25 May 2011 and took effect on 4 July 2011.

2.7        Following the 2010 Federal Election the following Ministerial appointments were made within the Finance portfolio:

Transparency and Scrutiny

2.8        Finance discussed its continuing work towards better regulation of government, in particular, the Better Regulation Ministerial Partnerships program. In 2010–11, Finance completed three partnerships with the Assistant Treasurer and the Minister for Home Affairs, the Minster for Defence and the Attorney-General and the Minister for Agriculture, Fisheries and Forestry.[3]

2.9        Finance continued to take a lead role in the response to the Government's Ahead of the Game: Blueprint for the reform of the Australian Government administration and is responsible for implementing three key recommendations[4] including the introduction of Model Chief Executive's Instructions (CEIs) and a CEI Working Group consisting of representatives from all portfolios.

2.10      Similar to the previous financial year, the Finance's review of performance for the 2010–11 period was broken into individual chapters. The structure of information in each outcome includes an overview of highlights within the outcome, followed by tables containing information on deliverables and Key Performance Indicators (KPI's).  The flow of information gives the reader a broad narrative understanding of the work undertaken in each outcome while still providing specific performance information that is easily comparable to the Portfolio Budget Statements (PBS).

2.11      Finance continued to provide explanatory comments in relation to KPI's outlining how each KPI was achieved and where necessary, what further work is being done by the department where it is indicated KPI's have not been achieved. The committee found the inclusion of qualitative and quantitative comments useful in identifying the reasons behind failure to fully achieve KPI's.

2.12      In response to the committee's first report on annual reports for 2011, Finance has included specific page numbers within its compliance index.[5] The committee believes the inclusion of specific page numbers to be important as it allows for easy identification of mandatory information throughout the report.

2.13      In relation to external scrutiny, the committee notes the work by Finance, alongside the Australian National Audit Office (ANAO), to draw attention to agencies at risk of breaches to section 83 of the Constitution. This work has specifically focused on conditions required by law before making payments from special appropriations and special accounts. The committee notes that Finance is continuing to work with the ANAO and various agencies to develop a solution to this matter.[6]

2.14      In addition to its work with ANAO, there were six ANAO reports relating to Finance. The department's annual report outlines the details and findings of each report and explains Finance's responses. The department also provided an overview of substantial legal actions involving Finance providing detailed updates on each legal action since the previous annual report.

2.15      The committee considers that Finance's Annual Report for the 2010–11 financial year complies with all reporting requirements and provides a clear overview of the department's structure and operations.

Department of the Prime Minister and Cabinet

2.16      The Department of the Prime Minister and Cabinet (PM&C) annual report for 2010–11 provides a clear overview of PM&C's performance during the financial year. The report highlights the department's work during the extended caretaker period following the 2010 federal election and its involvement in producing a carbon pricing package.[7]

2.17      In 2010–11, the department was deeply involved in the Government's response to the various national disasters that occurred during 2011, including widespread flooding and Cyclone Yasi. In addition PM&C, through the Office for Sport, worked with various sporting codes towards the implementation of anti-match fixing policies.[8] The department was also involved in the development of the National Health Reform Agreement and played an important role during the caretaker period providing advice to both the Prime Minister and the Leader of the Opposition.[9]

Portfolio structure

2.18      As was noted in the committee's first report of 2011 (March 2011), responsibility for the Offices of Arts and Sport were transferred to the Prime Minister and Cabinet Portfolio following the changes to the Administrative Arrangements Orders on 14 September 2010. The Department of Regional Australia, Regional Development and Local Government was also established within the PM&C portfolio at this time. The 2010–11 annual report for the Department of Regional Australia, Regional Development and Local Government is examined below.

2.19      An effective graphic illustrating the various changes to the PM&C portfolio is provided in the report which outlines transfers of specific responsibilities either to, or from, the PM&C portfolio.[10] The use of a graphic was helpful in providing a clear, concise explanation of the changes and assisted the committee in its examination of the report.

Transparency and scrutiny

2.20      PM&C provides a thorough overview of the various outcomes and programs which assists the reader to gain a clear understanding of the vast policy coverage of the department. The report provides a broad outlines of each sub program within the department's four programs—Prime Minister and Cabinet, Official and ceremonial support, Arts and cultural development and Sport and recreation.

2.21      As in previous years' annual reports, each sub program represents an individual chapter of the report. Each chapter provides a narrative overview of the highlights and performance of the department and includes coloured tables containing specific information relating to performance against KPIs. This is useful as it provides readers with relevant background information on each area of PM&C while also enabling easy identification of the relevant KPIs for each sub program.

2.22      As was noted by the committee in previous reports on annual reports,[11] the department continued to include the qualitative indicator 'high level of satisfaction'.[12] The committee notes that, in contrast to previous years, PM&C has included some quantitative percentage targets within its KPIs, for example, the report states that 112 projects were administered through the Indigenous Sport and Recreation program, noting that the KPI target was 90.[13] The committee commends the department for the inclusion of this information and encourages PM&C to continue to provide quantitative data in future annual reports where appropriate.

2.23      In relation to external scrutiny, the committee notes that PM&C was involved in one ANAO audit which examined the protection and security of electronic information held by Australian Government agencies. The report provides a detailed overview of the background of the audit and the ANAO's findings. The committee notes that while the report states that the ANAO report made four recommendations which were agreed to by PM&C, the department has not included information on what, if any, work has been done to implement those recommendations. The committee encourages PM&C to include this type of information in future annual reports.

2.24      PM&C provides an extensive breakdown of staffing statistics and a detailed overview of staff development and training initiatives. In addition the report also offers a thorough overview of the Freedom of Information documents held by the departments and processes for lodging an FOI request.

2.25      The committee believes that the PM&C annual report meets all reporting requirements and provides a clear and informative overview of the operations of the department, in particular the various portfolio changes which occurred during the 2010–11 financial year.

Department of Regional Australia, Regional Development and Local Government

2.26      The Department of Regional Australia, Regional Development and Local Government's (DRARDLG's) first annual report provides a comprehensive review of the departments operations since its establishment following the 2010 federal election.

2.27      Significant issues for DRARDLG during the financial year included the establishment of the department, involving the creation and implementation of a strategic plan and enterprise agreement. The report also highlights the department's focus on strengthening the Regional Development Australia (RDA) Network and RDA Committees.

2.28      Another initiative during the period was the establishment and support of the Natural Disaster Recovery Taskforce within the department in response to the damage caused by Cyclone Yasi and flooding across eastern Australia during 2011. During this period the department worked closely with PM&C and Finance to coordinate the Government's response in each affected area.[14]

Portfolio changes

2.29      As noted in chapter one, during the 2010–11 financial year DRARDLG was a department of state within the Prime Minister and Cabinet portfolio. Following the Administrative Arrangements Order of 14 December 2011, DRARDLG took on responsibility for the Arts and Sport becoming the Regional Australia, Local Government, Arts and Sport portfolio (Regional portfolio). The subsequent change to the Senate continuing order relating to the allocation of departments and agencies to Senate committees on 8 February 2012 resulted in oversight of the Regional portfolio moving to the Senate Standing Committee on Rural and Regional Affairs and Transport (RRAT Committee). Future annual reports produced by the department and all portfolio agencies will be examined by the RRAT Committee.

Transparency and scrutiny

2.30      The department's report is broken into six coloured parts: overview; performance report; management and accountability; financial statements; appendices and glossary and indexes. These parts are then broken into individual chapters. This separation combined with the colour coded parts makes finding and identifying specific information easy for readers.

2.31      The report on performance is broken down into chapters by outcome and provides a narrative overview of the department's performance followed by specific detail in relation to KPI's, allowing for easy comparison to the PBS. Highlights for each program provide an easy to read review of operations for the financial year. Each outcome is drawn together with a projected outlook for the future which consolidates the review of performance together nicely, providing a logical progression of information for readers. The outlook for the future also balances the lack of trend information available for a newly established department.

2.32      In relation to KPI's, the department identified five KPI's that were 'substantially achieved' and provided comments explaining what progress has been made toward fully achieving each KPI.[15]

2.33      The report includes substantial and detailed information on procurement and consultancies. The combination of narrative information with specific detail in a table format provides a high level of information without overwhelming the reader.[16]

2.34      The committee notes that three ANAO reports related to the work of the department:

2.35      DRARDLG provided an outline of the findings of each report and has agreed to, and is working toward, implementing all recommendations in future programs.

2.36      In relation to judicial proceedings, the department reported that employees provided evidence to the coronial inquest into the Christmas Island boat tragedy of the SIEV 221 that occurred on 15 December 2010. At the time the annual report was printed, the inquest was ongoing.

2.37      The committee considers that DRARDLG's annual report satisfies all reporting requirements and commends the department on its first annual report.

Australian National Audit Office

2.38      The committee has decided to briefly comment on the Australian National Audit Office (ANAO) annual report as 2011 marked 110 years since the creation of the Office of the Auditor-General. The ANAO is a statutory authority and is required to report under its enabling legislation, the Auditor-General Act 1997, and to comply with the PM&C reporting requirements.

2.39      The committee notes that in the 2010–11 financial year the ANAO produced 54 performance audit reports, including two major reports into the Green Loans Program and the Home Insulation Program.[18]

2.40      The ANAO report offers a clear and detailed overview of operations which free of jargon and does not overwhelm the reader. The report is split into six parts making information easily accessible to the reader. The report on performance is well set out and allows for easy comparison to the PBS. The inclusion of a 'Highlights' and 'Area of focus' section at the front provides a snap shot of the information contained within the report.

2.41      In relation to transparency and accountability, the ANAO provides a well set out report and offers detailed information on both external and internal audits conducted during the year, including the annual Australasian Council of Auditor-Generals Macro Benchmarking Project.

2.42      In relation to other requirements, the report contains comprehensive information on staffing statistics and provides detailed overviews of staff education and training, including secondments, graduate and undergraduate programs and study assistance.

General comments

Financial Management and Accountability Act 1997 requirements

2.43      Agencies and departments subject to the Financial Management and Accountability Act 1997 (FMA Act) are required to produce an annual report in accordance with the Requirements for Annual Reports: Departments, Executive Agencies and FMA Act Bodies (PM&C requirements) which are reviewed annually and issued by the Department of the Prime Minister and Cabinet and approved by the Joint Committee of Public Accounts and Audit.

2.44      For the 2010–11 financial reporting period there were three significant amendments to the PM&C requirements pertaining to reporting on the Commonwealth Disability Strategy (CDS), social inclusion measures and Freedom of Information.

Commonwealth Disability Strategy

2.45      The committee notes that the requirement for annual reports to include information on the implementation of the Commonwealth Disability Strategy has been discontinued as disability reporting now occurs within four different reporting mechanisms: National Disability Strategy (NDS) reporting to COAG; the State of the Service Report prepared by the Australian Public Service Commission (APSC); the How Australia is Fairing report; and within departmental annual reporting under the social inclusion agenda.

2.46      Departments and agencies were required to include an 'explicit and transparent reference to other disability reporting mechanisms specifically noting where agency level information can be found'.[19]

2.47      The PM&C requirements provide suggested wording to satisfy the new disability reporting requirement which was widely utilised by departments and agencies. Some agencies continued to include information on disability strategies[20] while others included some disability strategy reporting within the social inclusion section of their annual report.[21]

2.48      The committee notes that some agencies, such as the National Archives of Australia, while offering some information on disability strategies within their report appear not to provide explicit references to external disability reporting mechanisms, which is mandatory under the PM&C requirements.[22] The committee encourages agencies who continue to report on disability strategies within their annual report to provide details of external reporting mechanisms to satisfy this requirement.

Social inclusion

2.49      Annual reports for departments whose activities impact on social inclusion outcomes must provide information in their annual report about 'relevant programs and progress in relation to social inclusion strategic change indicators'.[23]

2.50      While most agencies included some form of social inclusion information within their annual report, the format and type of information included varied greatly. The committee feels that the broad description of the reporting requirement offered in the PM&C requirements makes it difficult to assess whether an agency has fully satisfied the requirement.

2.51      The PM&C requirements state that further information can be found on the social inclusion website.[24] While the website provides information on the social inclusion board and a broad list of departments who administer social inclusion policies and initiatives, there does not appear to be a complete list of departments and agencies that are required to include information on social inclusion programs in their annual reports. Instead, enquires regarding the application of this requirement to specific agencies are directed to a contact email.[25] The committee believes that a complete list of departments and agencies, where the social inclusion reporting requirement is applicable, should be placed on the social inclusion website to ensure that all applicable annual reports include the required information.

Recommendation 1

2.52      The committee recommends that a list of all departments and agencies required to report on social exclusion outcomes should be published on the social inclusion website.

Freedom of Information

2.53      Recent reforms to Freedom of Information (FOI) legislation resulted in the establishment and commencement of the Information Publication Scheme (IPS) on 1 May 2011. The committee notes that the IPS replaced the previous annual reporting requirement under section 8 of the FOI Act. The IPS requires agencies to publish information on a website covering 10 categories, including, but not limited to, the agencies structure, functions and statutory appointments.[26]

2.54      For the 2010–11 financial year, agencies were required to include a section 8 statement covering the period 1 July 2010 to 30 April 2011 and a statement outlining the changed reporting requirements under the IPS. An example of wording for this statement was provided and was utilised by the majority of FMA Act agencies.

2.55      Most annual reports included the sample wording provided within the PM&C requirements and provided detailed information on the types of documents held by the department or agency and the process for lodging a FOI request. The committee acknowledges the substantial detail offered by the Department of Regional Australia, Regional Development and Local Government, including information on the timeliness of resolutions.

Use of compliance index by CAC Act bodies

2.56      As was noted in the committee's first report for 2011, the committee found the use of a compliance index in relation to the Commonwealth Authorities and Companies (Report of Operations) Orders 2008 by CAC Act bodies useful in assessing agencies annual reports. The committee notes that a number of CAC Act bodies, including the National Film and Sound Archives, National Gallery of Australia and the National Museum of Australia, included compliance indexes in their 2010–11 annual reports and encourages other agencies to adopt this approach in future annual reports.

Senator Helen Polley

Chair

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