<< Return to previous page | Senate Enironment, Communications, Information Technology & the Arts Committee

Report on the review of annual reports No. 1 of 2001

1999-2000 annual reports tabled in the Senate to 31 October 2000

March 2001

© Commonwealth of Australia 2001

ISSN 1441-9904

Download this report as a single file (PDF 74KB)

Table of contents

Membership
Secretariat
Review of Annual Reports
Introduction
Senate Standing Orders

Annual Report Requirements
Evaluation of Annual Reports
Reports referred to the Committee between 1 May and 31 October 2000
Six Month Report on Co-Regulatory Scheme for Internet Content Regulation
Untimely Annual Reports from Statutory Authorities
National Environment Protection Council
Australian Broadcasting Corporation

Appendix 1

Appendix 2

Membership

Members:
Senator A Eggleston, Chair (LP, WA)
Senator M Bishop, Deputy Chair (ALP, WA)
Senator A Bartlett (AD, QLD)
Senator the Hon N Bolkus (ALP, SA)
Senator P Calvert (LP, TAS)
Senator T Tchen (LP, VIC)

Substitute Member:
Senator N Stott Despoja (AD, SA) to substitute for Senator Bartlett for matters relating to Information Technology

Participating Members:
Senator the Hon E Abetz (LP, TAS)
Senator L Allison (AD, VIC) appointed for communications issues as at 30/09/99
Senator the Hon R Boswell (NP, QLD)
Senator V Bourne (AD, NSW)
Senator B Brown (AG, TAS)
Senator George Campbell (ALP, NSW)
Senator K Carr (ALP, VIC)
Senator G Chapman (LP, SA)
Senator H Coonan (LP, NSW)
Senator W Crane (LP, WA)
Senator the Hon J Faulkner (ALP, NSW)
Senator A Ferguson (LP, SA)
Senator J Ferris (LP, SA)
Senator the Hon B Gibson, AM (LP, TAS)
Senator B Harradine (IND, TAS)
Senator S Hutchins (ALP, NSW)
Senator S Knowles (LP, WA)
Senator M Lees (AD, SA)
Senator R Lightfoot (LP, WA)
Senator K Lundy (ALP, ACT)
Senator S Mackay (ALP, TAS)
Senator B Mason (LP, QLD)
Senator J McGauran (NPA, VIC)
Senator J McLucas (ALP, QLD)
Senator S Murphy (ALP, TAS)
Senator A Ridgeway (AD, NSW) appointed for arts issues as at 30/09/99
Senator the Hon C Schacht (ALP, SA)
Senator J Watson (LP, TAS)

Committee Secretariat
Ms Andrea Griffiths, Secretary
Mr Michael Gallagher, Estimates Officer

Department of the Senate
Suite S1.57
Parliament House
Canberra ACT 2600

Ph: 02 6277 3526
Fax: 02 6277 5818
Email: ecita.sen@aph.gov.au
Internet: http://www.aph.gov.au/senate/committee/ecita_ctte/index.htm

Review of annual reports

1. INTRODUCTION

Senate Standing Orders

In accordance with Senate Standing Order 25(21) the Senate referred annual reports from departments and agencies to the Environment, Communications, Information Technology and the Arts Legislation Committee for examination and report. This report deals with those reports tabled between 1 May 2000 and 31 October 2000 for the portfolios:

Communications, Information Technology and the Arts; and

Environment and Heritage.

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 were put forward by the Department of Prime Minister and Cabinet and were agreed to by the Joint Committee of Public Accounts and Audit (JCPA) on 5 April 2000. The Requirements are pursuant to subsections 63(2) and 70(2) of the Public Service Act 1999.

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 year’s annual report. The responsible minister is to table this explanation in the Parliament on the next available sitting day.[1]

Under section 48 of the Commonwealth Authorities and Companies Act 1997 (CAC Act) the Minister for Finance outlines the annual reporting requirements for Commonwealth authorities and companies in the Commonwealth Authorities and Companies Orders 1998. Section 9 of the CAC Act applies to Commonwealth authorities and specifies the deadline for the presentation of an annual report to the responsible Minister. Section 36 of the CAC Act outlines the reporting obligations of Commonwealth companies.

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 entitled, Reporting Requirements for the Annual Reports of Non-Statutory Bodies. The response was incorporated into the Senate Hansard of 8 December 1987.[2]

2. 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 tabled in the Senate between 1 May 2000 and 31 October 2000. Thirty six reports were referred to the Committee during that period.

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.

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 considers that the annual reports 1999-2000 listed below, presented to the Senate between 1 May 2000 and 31 October 2000, generally meet the requirements of the various guidelines that apply to them, and were timely in their presentation before the Parliament. Those reports that failed to meet the guidelines, were not timely, or received comment in the Senate chamber are referred to in sections 4-7.

3. REPORTS REFERRED TO THE COMMITTEE TABLED BETWEEN 1 MAY AND 31 OCTOBER

The following reports have been referred to the Committee for examination and report. The reports listed below fulfil reporting requirements and are apparently satisfactory (see Appendix 1).

Departments and Executive Agencies

• Department of Communications, Information Technology and the Arts - Annual Report 1999-2000
• Department of the Environment and Heritage - Annual Report 1999-2000
• Australian Greenhouse Office - Annual Report 1999-2000
• National Oceans Office - Annual Report 1999-2000 (22 December 1999 - 30 June 2000)

Statutory Authorities

• Australia Council - Annual Report 1999-2000
• Australian Broadcasting Authority - Annual Report 1999-2000
• Australian Communications Authority - Annual Report 1999-2000
• Australian Film Commission - Annual Report 1999-2000
• Australian Film, Television and Radio School - Annual Report 1999-2000
• Australian Heritage Commission - Annual Report 1999-2000
• Australian National Maritime Museum - Annual Report 1999-2000
• Bureau of Meteorology - Annual Report 1999-2000
• National Archives of Australia and National Archives of Australia Advisory Council - Annual Report 1999-2000
• National Gallery of Australia - Annual Report 1999-2000
• National Library of Australia - Annual Report 1999-2000
• National Museum of Australia - Annual Report 1999-2000
• Special Broadcasting Service - Annual Report 1999-2000

Non-Statutory Authority

• Public Lending Right Committee - Annual Report 1999-2000

Semi-autonomous portfolio bodies

• The National Science and Technology Centre (Questacon) - Report of Activities 1999-2000
• ScreenSound Australia - Annual Review 1999-2000

Government Business Enterprises

• Australian Postal Corporation - Annual Report 1999-2000
• Telstra Corporation - Annual Report 1999-2000

Commonwealth Companies

• Australian Film Finance Corporation - Annual Report 1999-2000
• Film Australia - Annual Report 1999-2000
• NetAlert - Report for period 6 December 1999 to 30 June 2000

Reports on Acts

• Australian Competition and Consumer Commission - Report on Telstra’s Compliance with the Price Control Arrangements - Report for the period January 1998-June 1999
• Australian Competition and Consumer Commission - Telecommunications Competitive Safeguards 1998 - 1999
• Australian Competition and Consumer Commission -Telecommunications Charges in Australia 1995-1999
• Australian Communications Authority - Annual Report on The Protection of Moveable Cultural Heritage Act 1986 - Annual Report 1999-2000
• Australian Communications Authority - National Relay Service Provider Performance Report - June 2000
• Australia Foundation for Culture and Humanities - Financial Report for Year Ended 30 June 2000
• Australian National Maritime Museum - Strategic Plan 2000-2003
• Department of Communications, Information Technology and the Arts - Reports on Digital Television Reviews - Volumes 1-3
• National Australia Day Council - Financial Statements for the year ended 30 June 2000

4. SIX MONTH REPORT ON CO-REGULATORY SCHEME FOR INTERNET CONTENT REGULATION (September 2000)

The six month report on the Co-regulatory Scheme for Internet Content Regulation tabled on 5 September 2000 received comment from Senators Bishop and Stott Despoja on the day of tabling. The Senators commented on the content of the report, particularly areas that could be improved.[3]

The reports that do not fulfil reporting requirements or guidelines are listed below.

5. UNTIMELY ANNUAL REPORTS OF STATUTORY AUTHORITIES

• Director of National Parks and Wildlife
• Great Barrier Reef Marine Park Authority

The Annual Reports of the above Statutory Authorities were not presented by the deadline of 31 October 2000. The Committee draws attention to section 9 of the Commonwealth Authorities and Companies Act 1997. This Act requires the Director of an authority to present their annual report to the Minister by the 15^th day of the 4^th month after the end of the financial year (15 October, where the financial year ends 30 June) and, “The responsible Minister must table the report in each House of Parliament as soon as practicable”.

6. NATIONAL ENVIRONMENT PROTECTION COUNCIL - ANNUAL REPORT 1999-2000

The National Environment Protection Council Annual Report for 1999-2000 was not presented by the 31 October deadline. The Executive Officer has provided a request for an extension of time, based on the date of the NEPC’s meeting to adopt the Annual Report, during December 2000. The Minister has approved the extension of time for this report and future reports in correspondence and a memorandum tabled in the Senate on 27 February 2001 (see Appendix 2).

The Committee will comment on the report in its Report on the review of annual reports No. 2 of 2001.

7. AUSTRALIAN BROADCASTING CORPORATION - ANNUAL REPORT 1999-2000

The Australian Broadcasting Corporation has once again failed to include a letter of transmittal from the Corporation’s head. The Committee previously highlighted this omission in its Report on the review of annual reports No. 1 of 2000 and recommends the ABC include such a letter in future annual reports, including the Minister responsible for the ABC at the date of the report and any other responsible Ministers during the period covered by the report.[4] The remainder of the report is apparently satisfactory.

Senator Alan Eggleston

Chairman

Appendix 1

Commonwealth annual reports referred to the Environment, Communications, Information Technology and the Arts Legislation Committee between 30 April 2000 and 31 October 2000.

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

ENVIRONMENT & HERITAGE PORTFOLIO

Notes

1 Statutory Authority includes statutory office-holders

2 Dates shown are:

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

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

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

* The date in parenthesis shows the date that the report was presented out of session to the President / Deputy President / Temporary Chairman of Committees.

Appendix 2

Senator the Hon Robert Hill
Leader of the Government in the Senate
Minister for the Environment and Heritage

7 SEP 2000

Dr B P Kennedy
Executive Officer
NEPC Service Corporation
Level 5, 81 Flinders Street
Adelaide SA 5000

Dear Dr Kennedy

Thank you for your letter of 1. August 2000 seeking an extension of time to prepare and finalise the 1999-00 and future annual reports of the National Environment Protection Council.

In accordance with the decision taken at the 30^th meeting of the National Environment Protection Council in Hobart on 2 July 1999 (Decision Number 166), I approve the extension of time for the submission of this and subsequent annual reports of Council.
A signed Memorandum to this effect is attached.

I note that the Memorandum has been adjusted to provide me with sufficient time to
table the annual report in Parliament within 7 sitting days of its formal adoption by
Council.

Yours sincerely

Robert Hill

Parliament House, Canberra ACT 2600
Telephone 02 6277 7640 Facsimile 02 6273 6101

Memorandum

TO:SENATOR THE HONOURABLE ROBERT HILL
Chair, National Environment Protection Council
Commonwealth Minister for Environment and Heritage

FROM:DR BRUCE KENNEDY
NEPC Executive Officer

RE:EXTENSION OF TIME FOR DELIVERY OF THE 1999-2000 NEPC ANNUAL REPORT

In your capacities as the Commonwealth Minister responsible for the National Environment Protection Council and as the Chair of the National Environment Protection Council, I seek approval to extend the deadline for receipt by yourself of the 1999-2000 NEPC Annual Report.

The Commonwealth Authorities and Companies Act 1997 ("CAC Act') requires relevant agencies to provide their Annual Report to the responsible (Commonwealth) Minister by 15 October each year. The CAC Act also allows the responsible Minister to grant an extension of time in special circumstances (Section 9(2)) for the receipt of the annual report. The National Environment Protection Council is subject to those aspects of the CAC Act relating to Annual Reports.

Section 23(1) of the NEPC Act requires that members of Council must submit reports on the implementation and effectiveness of national environment protection measures for each reporting (ie financial) year. Section 23(2) requires that reports under Section 23(1) must be submitted to the Council by 30 September next following each reporting year.

Section 24(2) of the NEPC Acts requires Council to include in its annual report:

(a) copies of the report the Council receives under Section 23; and

(b) the Council's overall assessment of the implementation and effectiveness of national environment protection measures having regard to the reports referred in paragraph (a).

Under the CAC Act, Council's overall assessment report must be completed by 15 October each year. Matching the requirements of the NEPC Act and the CAC Act would mean that only fifteen calendar days from receipt of jurisdictional reports to the Council's overall assessment report, incorporating of that report into the Annual Report, clearance of the Annual Report by Council, and receipt of the Annual Report by yourself, is allowed. This period is clearly too short for Council to develop and then give proper consideration to the overall assessment report as well as the remainder of the Annual Report

Furthermore the National Environment Protection Council normally meets twice per year. The meeting in the second half of the year is usually held in December, well after 15 October.

Memorandum Sen Hill_Extension of Time_1999-2000NEPC Ann Report

The 1999-2000 NEPC Annual Report will include jurisdictional reports on the implementation and effectiveness of national environment protection measures for:

National Pollutant Inventory;

Ambient Air Quality;

Movement of Controlled Waste Between States and Territories;

Used Packaging Materials; and

Assessment of Site Contamination.

The Annual Report will also include the Council's overall assessment report on implementation and effectiveness of these national environment protection measures.It is proposed to provide the Council with a draft annual report for consideration in December 2000.

The special circumstances relating to an extension of time for delivery of the NEPC Annual Report are therefore:

insufficient time for the National Environment Protection Council to prepare a report on the overall assessment of the implementation and effectiveness of national environment protection measures, following the submission of reports to Council by participating jurisdictions; and

the scheduled meeting of the Council at which the Annual Report is considered usually occurs in December each year.

Section 24(3) of the NEPC Act requires the Annual Report to be laid before each House of the Commonwealth Parliament within 7 sitting days of that House after formal adoption of. the Annual Report by the Council.

I seek approval to extend the deadline for receipt by yourself of the 1999-2000 NEPC Annual Report to within four sitting days of the Commonwealth Parliament after formal adoption of the annual report by the National Environment Protection Council.

DR BRUCE KENNEDY

Executive Officer
National Environment Protection Council

Extension of Time Granted / Not Granted

SENATOR ROBERT HILL

Chair, National Environment Protection Council
Commonwealth Minister for Environment and Heritage

Comments to: web.senate@aph.gov.au
Last reviewed 29 September 2004 by the Senate Web Administrator
© Commonwealth of Australia
Parliament of Australia Web Site Privacy Statement
Images courtesy of AUSPIC