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Report on the review of annual reports 1996-97

Annual reports tabled in the Senate to 31 october 1997

March 1998

© Copyright Commonwealth of Australia 1998

ISSN 1320-324X

View this report as a single file (PDF 434KB)

Table of Contents

Membership of the Committee

Chapter 1- Introduction
Senate Standing Orders
Annual Report Requirements

Chapter 2 - Evaluation of annual reports
Statutory Authorities
Communications, the Information Economy and the Arts Portfolio
Environment Portfolio

Chapter 3
Non-Statutory Bodies

Chapter 4
Departments and Departmental Agencies

Chapter 5
Reports on the operation of Acts

Chapter 6
Government Companies and Government Business Enterprises

Chapter 7
General Comments and Issues
Letter of transmission
Use of Guidelines or requirements

Appendix 1

Appendix 2

Appendix 3

Appendix 4 (available in hard copy only)

Minority report by ALP Senators

Membership of the committee

March 1998

Members

Substitute Member

Senator Tierney (LP, New South Wales) to replace Senator Lightfoot for matters relating to Communications and the Arts

Participating Members

Committee Secretariat

Ms Roxane Le Guen, Secretary
Ms Felicity Tepper, Senior Research Officer
Miss Tara Ducker, Research Officer

Parliament House
Canberra ACT 2600

Telephone: (02) 6277 3525
Facsimile: (02) 6277 5818

Chapter 1- Introduction

Senate Standing Orders

In accordance with Senate Standing Order 25(21) and pursuant to the Order of the Senate of 1 May 1996, amended 2 September 1997 and 21 October 1997, the Senate allocated the following departments and their agencies to the Environment, Recreation, Communications and the Arts Legislation Committee:

Communications, the Information Economy and the Arts

Environment

Senate Standing Order 25(21) requires that the 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;

(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.

Annual Report Requirements

Revised Requirements for Departmental Annual Reports (hereafter referred to as Requirements (1994)) were put forward by the Department of Prime Minister and Cabinet and were agreed to by the Joint Committee of Public Accounts (JCPA) on 17 March 1994.

In order to lead to a more concise, economical and informative presentation of annual reports, the JCPA agreed to a significant reduction in the number of detailed requirements on which departments must report in annual reports. The information which is not contained in an annual report must be kept separately and be available to members of parliament within five working days from the date of the request after the report has been tabled.

Under these arrangements, the annual reports of departments must be tabled by 31 October. If a department is unable to meet this deadline, the secretary is to advise the responsible minister of the reasons for the slippage, the expected tabling date and what action is proposed so that the deadline will be met for the following years annual report. The responsible minister is to table this explanation in the Parliament on the next available sitting day.[1]

Guidelines for the Content, Preparation and Presentation of Annual Reports by Statutory Authorities (1982), (hereafter referred to as Guidelines (1982) listed at Appendix 2) provides that all authorities are to provide annual reports as soon as possible after the end of their financial year, if possible in time for the estimates debate in the Budget Sittings. At the very latest, reports should be submitted within six months in accordance with the Acts Interpretation Act 1901, (unless a shorter period is provided in the legislation of an individual authority). An explanation is to be submitted to parliament if the deadline has to be extended in exceptional cases (the new deadline is to be mentioned in the explanation). Ministers are to ensure that reports are tabled within fifteen sitting days of receipt.[2]

Some statutory authorities are required to follow the departmental guidelines if their head has the powers of a secretary as defined under the Public Service Act 1922.

Requirements 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 on Non-statutory Bodies. The response was incorporated into the Senate Hansard for 8 December 1987 and these guidelines are at Appendix 3.[3]

This report reviews annual reports of the Communications, the Information Economy and the Arts portfolio, and the Environment portfolio, which were tabled in the Senate up to 31 October 1997. Thirty-three annual reports were referred to the Committee during the period.

The table at Appendix 1 provides a record of:

1. the departments or agencies whose annual reports have been referred to the Legislation Committee for consideration;
2. the body under which the organisation operates, ie department, statutory authority;
3. dates outlining the progressive stages in presentation of the annual report; and
4. the date the report was tabled in the Senate.

Chapter 2 - Evaluation of annual reports

The annual reports referred to the Committee for examination were, generally speaking, of a high standard of design and presentation. In providing a comprehensive description of the activities of reporting bodies, the reports complied with their appropriate guidelines.

The Committee considered that Annual Reports 1996-97 listed at Appendix 1, presented to the Senate up to 31 October, generally meet the requirements of the various guidelines that apply to them. It has commented on the exceptions when they occur. They all adhered to presentation guidelines, and were timely in their presentation before the Parliament. Comments on individual annual reports follow.

STATUTORY AUTHORITIES

Communications, the Information Economy and the Arts Portfolio

Australia Council

The Australia Council is a Commonwealth statutory authority created under the Australia Council Act 1975. It is the Federal Government's main arts funding and advisory body. This annual report provides a comprehensive summary of the Council's activities for the financial year, and meets the Guidelines (1982). The Australia Council's statutory reporting requirements under section 38 of the Act should be more closely observed, with respect to ministerial directions.

Australian Archives and Advisory Council on Australian Archives

The report on the operations of the Australian Archives and the Advisory Council on the Archives for the year ended 30 June 1997 was prepared in accordance with the Archives Act 1983. The reports follow the Requirements (1994), rather than Guidelines (1982) for statutory authorities. The Australian Archives should be careful to include requirements for statutory authorities, such as describing the powers of the minister to direct. The Australian Archives financial statement was audited as part of the records of the Department of Communications and the Arts.

Important developments for the Archives during the reporting period included the new Melbourne Archives reading room; the review by the Australian Law Reform Commission of the Archives Act; the concern over preservation of electronic records; the records of Commonwealth entities that were sold during the period and the related issue of the status of records of outsourced activities.

Australian Broadcasting Authority

The Australian Broadcasting Authority is required to follow the Guidelines (1994) for reporting, as the Chairperson has the same powers as a Secretary under the Public Service Act 1922.

Recommendation 15 of the report of the Select Committee on Community Standards Relevant to the Supply of Services Utilising Electronic Technologies on operations of codes of practice in the television industry - Part 1 was

[t]hat the Australian Broadcasting Authority publish in its annual report results of its sampling of the broadcast of advertising material by commercial stations.[4]

The Committee notes that in the Government’s response Senator Ian Campbell indicated that this recommendation would be implemented by the ABA for the next reporting year.

Australian Broadcasting Corporation

In its report, the ABC does not provide a letter of transmittal, and while this is not one of the specific requirements for statutory authorities, the Committee again encourages the ABC to provide a letter of transmittal with its next report. The ABC meets the guidelines for statutory authorities and its statutory reporting obligations under the Australian Broadcasting Act 1983.

Australian Film Commission

The Annual Report of the Australian Film Commission meets the Guidelines (1982) for statutory authorities in a clear and comprehensive manner. It also meets its statutory reporting requirements under the Australian Film Commission Act 1975. A matter of significance noted in the report was a major review of Commonwealth assistance to the film industry completed in February 1997, with 60 recommendations being made to the Minister.

Australian Film, Television and Radio School

The Australian Film, Television and Radio School provides professional education and training for creative program makers in Australia's film, broadcasting and related industries. The Annual Report follows the Requirements (1994), rather than those for statutory authorities. If it chooses to follow these, it should be careful to also include information required by the Guidelines (1982), such as the powers of the Minister in relation to it.

Australian National Maritime Museum

The Australian National Maritime Museum was established by the Australian National Maritime Museum Act 1990 and celebrated its 5 year anniversary of its opening on 30 November 1991 during the reporting year.

The Annual Report of the Australian National Maritime Museum provides a comprehensive report in accordance with the Requirements (1994) which it is required to follow with respect to the powers of the Director having the powers of a Secretary under the Public Service Act 1922.

Australian National Maritime Museum Strategic Plan

The strategic plan is required to be tabled in Parliament under the Australian National Maritime Museum Act 1990.

Australian Telecommunications Authority

This is the final report of the Australian Telecommunications Authority (AUSTEL). AUSTEL merged with the Spectrum Management Agency on 1 July 1997, forming the Australian Communications Authority. AUSTEL must follow Requirements (1994) under the Public Service Act 1922, and complied with the reporting requirements.

National Gallery of Australia

Highlights of the National Gallery reporting year include construction on the New Wing, the appointment of the new Director, Dr Brian Kennedy and a number of exhibitions.

The National Gallery report purports to follow the Requirements (1994), but does not provide an index. In following the Requirements (1994), this report neglects some of the Guidelines (1982), such as the powers of the minister to direct.

National Library of Australia

The letter of transmittal of the National Library of Australia Annual Report is printed separately. The National Library Annual Report follows Requirements (1994) as its Director General has the powers of a Secretary under the Public Service Act 1922. The report provides a clear general outline of the library's activities, during the year, which focused on information technology issues.

National Museum of Australia

The report of the NMA provides a clear and comprehensive report of its activities. The report complies with Requirements (1994) as required under the Public Service Act 1922. It also complies with Guidelines (1982) and provides information on its role as a statutory body, such as the ministerial powers. The Annual Report of the National Museum of Australia highlights the most significant event as being the development of the site on Acton Peninsula.[5]

Protection of Moveable Cultural Heritage Act 1986 and administration of the National Cultural Heritage Fund

This document provides a report on the working of the Act and the administration of the Fund. Together with staffing information contained in the Department of Communications and the Arts Annual Report, this report meets the statutory authority Guidelines (1982).

Public Lending Right Committee

The Annual Report of the Public Lending Right Committee complies with Guidelines (1982) and its statutory requirements under the Public Lending Right Act 1985. The report is concise, with financial and staffing matters published in the annual report of the Department of Communications and the Arts.

Special Broadcasting Services Corporation

As the Managing Director of the SBS has the powers of a Secretary under the Public Service Act 1922 its Annual Report should be following Requirements (1994). It is not clear whether this report is following Guidelines (1982) or Requirements (1994) as it misses elements of both. The Committee advises the SBS to follow Requirements (1994) and also take note of Guidelines (1982).

Spectrum Management Agency

This is the final report of the Spectrum Management Agency which merged on 1 July 1997 with the Australian Telecommunications Authority to form the Australian Communications Authority. This report follows Requirements (1994), as the Spectrum Manager had the powers of a Secretary under the Public Service Act 1922 and it does so adequately.

Environment Portfolio

Australian Heritage Commission

The Annual Report of the Australian Heritage Commission follows both the Guidelines (1982) and the Requirements (1994). In doing so it contains relevant information other statutory authorities have omitted. The Committee commends the report for providing clear and comprehensive information on related legislation, powers, functions, role and structural information.

Great Barrier Reef Marine Park Authority

The Annual Report of the Great Barrier Reef Marine Park Authority complies with both the Guidelines (1982) and the Requirements (1994). It is required to follow the Guidelines (1982). Significant operational issues highlighted during the reporting year include tourism use management and evidence pointing to a decline in the dugong population. An independent review of the Authority was established during the year and there have been ensuing changes to the day to day management of the Marine Park.

Supervising Scientist for the Alligator Rivers Region

The Public Service Act 1922 requires the Supervising Scientist Annual Report to comply with Requirements (1994). The financial statements and personnel matters relating to the supervising scientist are included in the Department of Environment, Sport and Territories Annual Report. Therefore, this report concentrates on the operation of the Environment Protection (Alligator Rivers Region) Act 1978. In conjunction with the Annual Report of the Department of Environment, Sport and the Territories, this report meets both its statutory reporting requirements and Requirements (1994).

Chapter 3

NON-STATUTORY BODIES

Australian Antarctic Foundation

The Annual Report of the Australian Antarctic Foundation complies with the Requirements for the Annual Reports of Non-statutory Bodies (1987). The Australian Antarctic Foundation is a non-statutory body established in 1991 under the Foreign Affairs and Trade Portfolio. Its Annual Report has also been referred to the Senate Foreign Affairs, Defence and Trade Legislation Committee.

National Film and Sound Archive

The National Film and Sound Archive also contributes to the report of the Department of Communications and the Arts. Major issues for the NFSA during the reporting year included the pursuit of legislation to establish the NFSA as a statutory authority, and health and safety issues.

The committee suggests the National Film and Sound Archive take note of the Requirements for Annual Reports of Non-statutory Bodies (1987), and include such information as the date of establishment and the terms of appointment of Councillors.

National Science and Technology Centre

The National Science and Technology centre also needs to take note of the Requirements for Annual Reports of Non-statutory Bodies (1987). While it follows the Departmental Guidelines, it does not provide information regarding ministerial approval, terms of appointment of members of the council and their remuneration. The 1996 Review of the centre recommended its establishment as a statutory authority.

Wet Tropics Management Authority

The Wet Tropics Management Authority (WTMA) report is defined under the relevant Queensland legislation (S63 of the Wet Tropics World Heritage Protection and Management Act 1993) and if therefore prepared to Queensland Guidelines. The Queensland guidelines are at Appendix 4.

The Annual Report of the WTMA meets the Queensland guidelines with ease, and provides a good report of the activities it undertook during the reporting period. The report shows care to discuss all requirements including those requirements which did not apply during the reporting year, for example, consultants and overseas travel.

Chapter 4

DEPARTMENTS AND DEPARTMENTAL AGENCIES

Department of Communications and the Arts

The Annual Report of the Department of Communications and the Arts meets the Requirements (1994). The relevant information is presented in a clear and concise manner.[6]

The Committee recommends that evidence given to Parliamentary Inquiries be fully listed, including that given on bills inquiries. In this report, for example, evidence given to the Senate Environment, Recreation, Communications and the Arts Legislation Committee inquiry into Telecommunications Bills Package is omitted and the Committee suggests the inclusion of such information in future.

Department of Environment, Sport and the Territories

The Annual Report of the Department of Environment, Sport and Territories also includes the report of the Director of the National Parks and Wildlife and reports on the operation of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and the Ozone Protection Act 1989.

The annual report, and reports contained therein are apparently satisfactory. The Committee urges the Department to take more note of Requirements (1994) and include within its annual report relevant information regarding Parliamentary Committees, comments by the Ombudsman and consultants employed by the Department.

Bureau of Meteorology

The report of the Bureau of Meteorology deals with its responsibilities under the Meteorology Act 1955 and is complemented by the annual report of the Department of Environment, Sport and the Territories. This annual report meets the statutory requirements for reporting.

Chapter 5

REPORTS ON THE OPERATION OF ACTS

Equal Employment Opportunity in Australia Post

The report of Australia Post was prepared under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. This report provides comprehensive analysis and statistical information on the implementation and development of Australia Post’s EEO program

Report on the development and implementation of the Equal Employment Opportunity Program in the Australian Film, Television and Radio School

The report of the Australian Film, Television and Radio School meets the requirements of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987.

Chapter 6

GOVERNMENT COMPANIES AND GOVERNMENT BUSINESS ENTERPRISES

Australian Film Finance Corporation Limited

The Annual Report of the Australian Film Finance Corporation Limited complied with the Corporations Law which provides for a number of requirements to be included in the annual report of corporations.

Australian Multimedia Enterprise Limited

The Australian Multimedia Enterprise Limited meets the standards imposed by the Corporations Law with the exception of providing the directors’ qualifications, experience and responsibilities as required by Section 307.

Australian Postal Corporation

The Australian Postal Corporation report complies with the requirements of the Corporations Law and also the relevant statutory requirements under the Australian Postal Corporation Act 1989. The Committee commends Australia Post for providing a letter of transmission with its report, which it did not do last year.

Film Australia

The report of Film Australia complies with the Corporations Law and provides good detailed information on its operations.

Telstra Corporation Limited

Telstra Corporation Limited adhered to the Corporations Law in providing this Annual Report. The Committee notes that the Annual Report failed to mention the Casualties of Telstra cases which is currently being examined by this Committee.

Chapter 7

GENERAL COMMENTS AND ISSUES

Letter of transmission

Some authorities did not provide letters of transmission. Although it is not presently one of the specific annual reporting requirements for statutory authorities, the Committee urges these bodies to include the letter in subsequent annual reports.

Use of Guidelines or Requirements

Some Statutory Authorities used the Requirements (1994) without consulting the Guidelines (1982). These authorities failed to clarify a number of aspects of their work which the Guidelines would have called into consideration. Those aspects particularly neglected include the powers of the Minister to direct the authority and the terms of appointment of council or board members. The Committee urges those bodies to include all relevant information in their reports.

Senator Kay Patterson

Chairman

Appendix One

SENATE ENVIRONMENT RECREATION COMMUNICATIONS AND THE ARTS LEGISLATION COMMITTEE

Commonwealth Annual Reports referred to the Environment, Recreation, Communications and the Arts Legislation Committee up to 31 October 1997.

1 'Statutory Authority' includes statutory office-holders

2 The dates shown are:

A The date shown on a letter of transmittal printed with the annual report (if any)

B The date submitted to the Minister, as recorded in the Senate's Order of Business (if any)

C The date received by the Minister, as recorded in the Senate's Order of Business (if any)

Appendix 2

GUIDELINES FOR THE CONTENT, PREPARATION AND PRESENTATION OF ANNUAL REPORTS BY STATUTORY AUTHORITIES

11 November 1982

Introduction

These guidelines are intended to cover generally the annual reporting requirements for statutory authorities (incorporated or unincorporated authorities established by or pursuant to a law of the Commonwealth or of the ACT) and are subject to refinement in the light of experience.

Reports of small unincorporated authorities and office holders within the public account may continue to be included in the related departmental reports where it is practical to do so.

The guidelines do not, of course, override statutory requirements imposed by the legislation on individual authorities, but to the extent that they require a higher standard than does the legislation, they should be followed by all such authorities.

All authorities are to provide annual reports as soon as possible after the end of their financial year, if possible in time for the estimates debate in the Budget Sittings. At the very latest reports should be submitted within six months (unless a shorter period is provided in the legislation of an individual authority). An explanation will be submitted to Parliament if the deadline has to be extended in exceptional cases (the new deadline is to be mentioned in the explanation). Ministers will ensure that reports are tabled within fifteen sitting days of receipt.

Where there is a requirement for a form of financial statements to be approved by the Minister for Finance, authorities should commence negotiations with the Department of Finance early enough to allow issues to be resolved without delaying the annual report. Authorities also need to bear in mind the need for reasonable time to be allowed for completion of auditing of the financial statement within the six month deadline.

Report contents

Reports should be the means of providing a wide dissemination of information on authorities, with special attention being given to making available material that might not otherwise be made public as a matter of course.

The following information is to be provided in future annual reports:

(i) Enabling Legislation: A clear statement of the legislation (if any) under which the organisation operates.

(ii) Responsible Minister: To be shown. A description of any statutory powers of direction which the Minister has over the authority and details of the exercise of any such powers, subject to the need to protect confidential information, to be included.

(iii) Powers, Functions and Objects: To be detailed.

(iv) Membership and Staff: A list of the members of the body and their terms of appointment, together with listing of senior executive staff and a statement of the total number of staff employed by the organisation. In addition, the basis for staffing the organisations should be identified. The address and phone number of the information officer should also be included.

(v) Financial Statements: All Government bodies should provide statements which adequately disclose financial aspects of their activities. For example, where the form of a body's financial statements is approved by the Minister for Finance, the approval form must, of course, be followed; where an unincorporated body has no specific financial responsibilities and no financial reporting requirement exists, it might be appropriate to disclose departmental receipts and expenditures relevant to its operations, while avoiding unnecessary duplication of the information contained in the annual Financial Statements prepared by the Minister for Finance. The requirement for adequate disclosure will extend to bodies incorporated under companies legislation if the Commonwealth is sole owner or shareholder; this will not affect the need to satisfy the reporting requirements under company law. The Department of Finance and the Auditor-General's Office are preparing guidelines which will assist Commonwealth undertakings in preparing financial statements; an exposure draft entitled 'Proposed Guidelines for the Form and Standard of Financial Statements of Commonwealth Undertakings' was issued in August 1980. The Exposure Draft has been considered by the relevant Parliamentary Committees.

(vi) Activities and Reports: A description of the principal programs and activities of the body noting objectives and reviewing achievements. Information on interaction with other authorities, departments and State and international bodies should be provided as should a list of publications during the reporting period.

(vii) Operational Problems: A description of the major problems which have arisen in the body's activities, including details of requisite Government action to overcome such problems, eg. the amendment of the enabling Act.

(viii) Subsidiaries: Details of subsidiary companies formed, or interest acquired in existing companies, are to be provided. It is a desirable practice to include the annual report of such subsidiaries as are controlled by the parent authority with the report of that authority, where this is feasible.

(Senate, Hansard, Vol. S.96, 11 November 1982, pp. 2261-2)

Appendix 3

REPORTING REQUIREMENTS FOR THE ANNUAL REPORTS OF NON-STATUTORY BODIES

8 December 1987

1. The date of establishment of each new non-statutory body (NSB) and, in relation to an existing NSB, information regarding the date of its establishment in as much detail as is available.

2. A statement of each NSB's objectives and functions.

3. An account of each NSB's significant activities during the year.

4. An indication that the creation or continued existence of each NSB, its functions and its organisation have received Ministerial approval.

5. The date on which each NSB will cease to exist or before which it will be reviewed (whichever is the earlier).

6. In the case of any NSB whose continued existence, functions and organisation have been reviewed and whose continued existence has been approved by the Minister, a summary of the outcome of the review.

7. A list of any positions provided for ex-officio government members on each NSB and of any positions provided for representatives nominated by particular non-government organisations.

8. The maximum term of appointment to each other position on an NSB.

9. Except in cases where there may be little or no continuity of membership from one meeting to the next, the names of individual members of each NSB, and their terms of appointment.

10. The manner in which the level of remuneration (if any) paid to members of each NSB is determined.

11. The manner in which each NSB is funded.

12. A summary of any other financial arrangements such as the kinds of expenditure that can be made from the funds provided, and the nature of secretariat services provided and the way in which these are funded.

13. An indication, in respect of each NSB, as to whether one of its functions is to distribute funds to other organisations or individuals.

14. In the case of each NSB with its own accounting system, an audited financial statement.

15. In the case of each NSB that operates through its parent body's accounts, an account of receipts and expenditures, to be provided on a program basis

1. with the NSB's work reflected in the parent body's published program structure
2. and with performance related to objectives and measured in terms of stated criteria, in accordance with standard program budgeting techniques; and
3. the amounts of any grants made by each NSB.

([After] Senate, Hansard, Vol. S.124, 8 December 1987, pp. 2643-5)

Minority report by Australian Labor Party Senators

STATUTORY AUTHORITIES

In relation to Statutory Authorities, the Opposition Senators are of the view that, in addition to presenting their annual reports, it is reasonable for the CEO of Statutory Authorities to appear before Estimates Committees from time to time. This would enhance the transparency of those Statutory Authorities reporting to Parliament on their activities.

The ALP Senators are concerned that some Statutory Authorities increasingly use the claim of commercial-in-confidence as a way of refusing to answer questions. In some cases, this is simply a device for not providing the Senate with information that it can legitimately request. We note that on no occasion have Senate Committees breached the confidentiality of commercial information that has been made available to them. We also take this opportunity to stress that where the commercial-in-confidence claims are genuine, it is possible for an organisation to seek an in-camera hearing before a Senate Legislation Committee.

Telstra Corporation Limited

During the year under review, the Committee requested the CEO of Telstra, Mr Frank Blount to appear at its Estimates hearings and he refused. The Opposition Senators do not think it unreasonable that the CEO of an organisation that is two-third owned by the Australian public should appear before a Senate Committee. We note with interest that both Mr Blount and Mr Rizzo, Telstra’s Manager of Finance and Administration are willing to give briefings on the financial affairs of the company to the private sector, including to overseas interests while they are at the same time, unwilling to appear before a Senate Estimate Committee.

We note also that the Annual Report failed to mention the Casualties of Telstra cases which is currently being examined by this Committee. At its last Estimates hearings in February 1998, both the Chairman and the Deputy Chairman of the Committee expressed their displeasure at Telstra’s handling of this issue. The Chair told Telstra:

I am actually a very patient person and my patience is running out with Telstra and the way this has been dealt with. Every time we have excuses. There must be some way in which you can come to an agreement with Mr Wynack to provide him with appropriate information that will answer his questions. I would like you to go back to Mr Wynack and discuss with him the amount of information he needs to answer the questions and whether you can supply the information to help him achieve that.[7]

The Deputy Chair warned Telstra that if there were any further delays in providing documents requested by the Chair (Mr J. Wynack) of the Working Party established by the Senate Committee to report into the issues, the Senate might establish a full inquiry into Telstra’s management practices:

I think our sympathy is to give Mr Wynack an extension of time for another couple of months. This is his second extension. If he reports back to this Committee saying, ‘I cannot complete my work because I have not received the documentation I have requested from Telstra that I think is reasonable’, then I am going to tell you that you are in big strife. You will end up with a full-fledged Senate inquiry because we are fed up. If you want to go for a full-fledged Senate inquiry and have that go for two years, then you are really bonkers. We will go bonkers too doing it. If he writes back as the independent Chairman of the Committee and says, ‘I am not satisfied with what has been provided by Telstra,’ I suspect this Committee unanimously will then say, ‘It’s your fault’. I think then you have a really big problem.[8]

Senator Chris Schacht
Senator for South Australia

Senator K Lundy
Senator for the ACT

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