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Report on the review of annual reports 1997-98

Annual reports tabled in the Senate to 31 october 1998

March 1999

Copyright Commonwealth of Australia 1999

ISSN 1441-9904

Download this report as a single file (PDF)

Committee Membership

1. Members

Senator A Eggleston, Chair (LP, WA)
Senator M Bishop, Deputy Chair (ALP, WA)
Senator L Allison (AD, VIC)
Senator the Hon N Bolkus (ALP, SA)
Senator M Payne (LP, NSW)
Senator J Tierney (LP, NSW)

2. Substitute Members

Senator N Stott Despoja (AD, SA) to substitute for Senator Allison for matters relating to Information Technology

3. Participating Members

Senator the Hon E Abetz (LP, TAS)
Senator A Bartlett (AD, QLD)
Senator R Boswell (NPA, QLD)
Senator V Bourne (AD, NSW)
Senator B Brown (AG, TAS)
Senator the Hon D Brownhill (NPA, NSW)
Senator G Campbell (ALP, NSW)
Senator K Carr (ALP, VIC)
Senator M Colston (IND, QLD)
Senator H Coonan (LP, NSW)
Senator the Hon J Faulkner (ALP, NSW)
Senator B Harradine (IND, TAS)
Senator M Lees (AD, SA)
Senator K Lundy (ALP, ACT)
Senator D Margetts (GWA, WA)
Senator the Hon C Schacht (ALP, SA)

4.          Secretariat

Mr Richard Selth, Secretary (Environment and Heritage)
Ms Roxane Le Guen, Secretary (Communications, Information Technology and the Arts)
Ms Tara Ducker, Research Officer

S1.57, Parliament House
Canberra ACT 2600

Ph 02 6277 3626
Fax 02 6277 5818
Email: erca.sen@aph.gov.au

Review of annual reports

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, 21 October 1997 and 11 November 1998, the Senate allocated the following portfolios and the agencies contained within to the Environment, Communications, Information Technology and the Arts Legislation Committee:

Communications, Information Technology and the Arts

Environment and Heritage

Following the prorogation of Parliament for the federal election held on 3 October 1998 the Senate did not sit until 10 November 1998. Many annual reports were due to be tabled in the Senate by 31 October 1998. Senate Standing Order 166 provides for documents to be presented out of session to the President of the Senate in the absence of sitting days.

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

The various guidelines and statutory requirements for determining whether reports are ‘apparently satisfactory’ are discussed further on in this report.

Evaluation of Annual Reports

This report reviews annual reports of the Communications, Information Technology and the Arts portfolio, and the Environment and Heritage portfolio, which were presented to the Senate up to 31 October 1998. Twenty Eight reports were referred to the Committee during the period.

The table at Appendix 1 provides a record of:

• the departments or agencies whose annual reports have been referred to the Legislation Committee for consideration;

• the body under which the organisation operates, ie department, statutory authority;

• dates outlining the progressive stages in presentation of the annual report; and

• the date the report was tabled in the Senate and/or presented to the President.

The Committee considers that the Annual Reports 1997-98 listed at Appendix 1, presented to the Senate up to 31 October, generally meet the requirements of the various guidelines that apply to them, and were timely in their presentation before the Parliament. Comments on individual annual reports follow.

Chapter 2 - Departments and departmental agencies

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. Updates to Requirements (1994) have been accepted by JCPA since 1994 with the most recent being June 1998.

In order to lead to a more concise, economical and informative presentation of annual reports, 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 Section 25(8) of the Public Service Act 1922 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]

Department of Communications and the Arts

The annual report of the Department of Communications and the Arts is clearly presented and meets the reporting requirements. This report was presented to the President out of session on 19 October 1998 and is ‘apparently satisfactory’.

Department of the Environment

(Including the Annual Report of the Director, National Parks and Wildlife Service, the Annual Report of the Supervising Scientist for the Alligator Rivers Region, the Annual Reports on the operation of the Ozone Protection Act 1989 and the operation of the Hazardous Waste (Regulations of Exports and Imports) Act 1989).

The letter of transmission from the Departmental Secretary should indicate the Minister must table the report by 31 October, rather than within 15 sitting days of receiving it. In the Committee’s view, it would be helpful if a brief outline (such as a list in each case) was provided of inquiries by parliamentary committees and comments by the Ombudsman as outlined in Requirements (1994). The report is otherwise ‘apparently satisfactory’ and timely in its presentation.

The Annual Report of the Supervising Scientist for the Alligator Rivers Region fulfils the reporting obligations outlined by the Environment Protection (Alligator Rivers Region) Act 1978. The letter of transmission from the Department of Environment should indicate that this report is included in its report.

Bureau of Meteorology

The Bureau of Meteorology is a departmental agency established by the Meteorology Act 1955. The Annual Report of the Bureau of Meteorology, together with information contained in the Department of the Environment Annual Report is ‘apparently satisfactory’.

Chapter 3 - Non statutory bodies

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.[2]

National Film and Sound Archive

The Annual Review of the National Film and Sound Archive is well presented, concise and provides all necessary information required of non-statutory bodies.

National Office for the Information Economy

This is the first annual report of the National Office for the Information Economy which was established in September 1997. The report provides a good description of NOIE’s activities and is ‘apparently satisfactory’.

National Science and Technology Centre (Questacon)

The Report of Activities for 1997-98 for Questacon was timely and clear in its presentation.

Chapter 4 - Statutory Authorities

Section 9 of the Commonwealth Authorities and Companies Act 1997 provides guidance on timeliness of presentation of reports of Statutory Authorities. The Commonwealth Authorities and Companies Orders 1998 does not apply to this reporting year, therefore the Committee considers that authorities required to report under the Commonwealth Authorities and Companies Act 1997 should maintain standards outlined in the Guidelines for the Content, Preparation and Presentation of Annual Reports by Statutory Authorities (1982), (hereafter referred to as Guidelines (1982)).[3]

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.

Communications, Information Technology and the Arts portfolio

Australia Council

The Australia Council reports pursuant to its enabling legislation, the Australia Council Act 1975. The Committee notes the report was presented in a timely manner.

Australian Broadcasting Authority

The Australian Broadcasting Authority was established under the Broadcasting Services Act 1992. As the Chairperson has the powers of a Secretary under the Public Service Act 1922 the ABA must follow Requirements (1994). The report of the ABA was presented in a timely manner and is ‘apparently satisfactory’.

Australian Broadcasting Corporation

The report of the Australian Broadcasting Corporation was presented to the President on 30 October 1998 and is ‘apparently satisfactory’.

Australian Communications Authority

This is the first annual report of the Australian Communications Authority which was established under the Australian Communications Authority Act 1997. The letter of transmittal should state that Subsection 25(8) of the Public Services Act 1922 requires the Minister to cause a copy report to be laid before each House of Parliament on or before 31 October, not within 15 sitting days of receipt as stated in the ACA report.

Australian Film Commission

The Australian Film Commission was established by the Australian Film Commission Act 1975. The report was presented on 26 October 1998 and provides a clear outline of the activities of the Commission.

Australian Film, Television and Radio School

The Committee notes the care of the Australian Film, Television and Radio School to comply with Requirements (1994), Guidelines (1982) and the Commonwealth Authorities and Companies Act 1997.

Australian National Maritime Museum

The Director of the Australian National Maritime Museum has the powers of a Secretary under the Public Service Act 1922 so the report must comply with Requirements (1994). A significant matter identified in the report is the proposed development of Wharf 7 at Pyrmont.

National Archives of Australia and National Archives of Australia Advisory Council

The report of the National Archives of Australia and National Archives of Australia Advisory Council was presented to the Senate in a timely manner.

National Gallery of Australia

The annual report of the National Gallery of Australia is ‘apparently satisfactory’.

National Library of Australia

The report of the National Library of Australia must follow Requirements (1994) and does so satisfactorily.

National Museum of Australia

The report of the National Museum of Australia must adhere to Requirements (1994) as its Director has the powers of a Secretary under the Public Service Act 1922. The report highlights the development of the new National Museum of Australia on the Acton Peninsula site in Canberra.

Protection of Moveable Cultural Heritage Act 1986 - Report on the working of the Act and the administration of the National Cultural Heritage Fund

This report, together with the information contained within the report of the Department of Communications and the Arts[4], is ‘apparently satisfactory’.

Public Lending Right Committee

Information contained within the report of the Department of Communications and the Arts[5] is relevant to this report in meeting its reporting obligations.

Special Broadcasting Service Corporation

The Managing Director of SBS has the powers of a Secretary under the Public Service Act 1922, and therefore should follow Requirements (1994). The Committee notes therefore that SBS should be providing in its annual report such aids as a letter of transmission and a compliance index and that it omitted to do so.

Environment and Heritage portfolio

Australian Heritage Commission

The Australia Heritage Commission was established by the Australian Heritage Commission Act 1975 which has additional statutory requirements. This report is timely and provides a good account of required material.

Chapter 5 - Government Business Enterprises and Government Companies

The following Government Business Enterprises and Companies report pursuant to the Commonwealth Authorities and Companies Act 1997 and Corporations Law.

Australian Film Finance Corporation Limited

The report of the Australian Film Finance Corporation complies with Corporations Law and the Commonwealth Authorities and Companies Act 1997.

Australian Postal Corporation

The report of the Australian Postal Corporation meets its statutory reporting obligations.

Film Australia Limited

The report of Film Australia provides a comprehensive account of its activities and meets its reporting obligations.

Telstra Corporation Limited

The report of Telstra Corporation Limited provides the required information.

Chapter 6 - Reports on the operation of acts

Australian Film, Television and Radio School - EEO Program

The report of the Australian, Film, Television and Radio School on the EEO Program fulfils the statutory obligations conferred upon it by the Equal Employment Opportunity (Commonwealth Authorities) Act 1987.

Australian Postal Corporation - EEO Program

The report of the Australian Postal Corporation on the EEO Program fulfils the statutory requirements.

Alan Eggleston

Chairman

Appendix !

Annual Reports Referred

Communications, Information Technology and the Arts portfolio

Environment and Heritage Portfolio

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)*

* Note date B and C were not recorded as the Senate was not sitting and reports were presented out of session.

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