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Scrutiny of Annual Reports No. 2 of 2001

August 2001

© Commonwealth of Australia 2001

ISSN 1441-9904

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Table of contents

Membership
Secretariat
Review of Annual Reports
Introduction
Senate Standing Orders
Annual Report Requirement
Evaluation of Annual Reports
Reports referred to the Committee between 1 November 2000 and 30 April 2001
Report receiving comment in the Senate Chamber
Reports failing to meet the guidelines
Appendix 1

Membership of the committee - 39^th Parliament

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 Members:
Senator B Greig (AD, WA) to substitute for Senator A Bartlett for information technology issues as at 22/05/01

ParticipatingMembers:
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 G 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 L Harris (PHON, QLD)
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 N Stott Despoja (AD, SA) appointed for information technology issues as at 22/05/01
Senator J Tierney (LP, NSW)
Senator J Watson (LP, TAS)

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

Environment, Communications, Information and the Arts Legislation Committee
S1.57, Parliament House
CANBERRA ACT 2600

Tel: 02 6277 3526
Fax: 02 6277 5818
Email: ecita.sen@aph.gov.au
Internet: http://www.aph.gov.au/senate_environment

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 November 2000 and 30 April 2001 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.

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 November 2000 and 30 April 2001. Six reports were referred to the Committee during that period, including a corrigendum from the Department of Environment and Heritage, four reports from statutory authorities and a report from the Natural Heritage Trust. In addition, the Committee was referred a number of other reports on which it is not required to report. These are listed below and in Appendix 1.

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 November 2000 and 30 April 2000, generally meet the requirements of the various guidelines that apply to them, and were timely in their presentation before the Parliament. A report that received comment in the Senate chamber is referred to in section 4. Those reports that failed to meet the guidelines or were not timely are referred to in section 5.

3. REPORTS REFERRED TO THE COMMITTEE TABLED BETWEEN 1 NOVEMBER 2000 AND 30 APRIL 2001

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).

Department

• Department of Environment and Heritage Annual Report 1999-2000 Corrigendum

Statutory Authorities

• Director of National Parks and Wildlife - Annual Report 1999-2000
• Great Barrier Reef Marine Park Authority - Annual Report 1999-2000
• National Environment Protection Council - Annual Report 1999-2000
• Wet Tropics Management Authority - Annual Report 1999-2000

Reports on Acts

• Australian Broadcasting Corporation - Equity and Diversity Annual Report 1999-2000
• Australian Communications Authority - Telecommunications Performance Report 1999-2000
• Australian Communications Authority - National Relay Service Provider Performance Report 1999-2000
• Australia Post - Equal Employment Opportunity Report 1999-2000
• Australia Post - Statement of Corporate Intent 2000/2001-2002/2003
• Australian Postal Corporation - Service Improvement Plan
• Bundanon Trust - Annual Report 1999-2000
• DOCITA - Funding of Consumer Representation, and of Research, in relation to Telecommunications - Annual Report 1999-2000
• DOCITA - Telecommunications Carrier Industry Development Plans Progress Report 1999-2000
• DOCITA - Report to the Parliament on the Implementation and Operation of the APRA Complimentary Licence Scheme
• DOCITA - Report of the Australian Communications Authority to the Minister for Communications, Information Technology and the Arts - Principles for Determining the Amount of Datacasting Charge - clause 53 of schedule 4 of the Broadcasting Services Act 1992
• DOCITA - Report on the Review of Streamed Internet Audio and Video Content - March 2001 - section 216E of the Broadcasting Services Act 1992
• Natural Heritage Trust - Annual Report 1999-2000
• Telstra Corporation - 1999/2000 Equal Opportunity Annual Report

The Committee has chosen to comment on the following reports:

National Environmental Protection Council (NEPC)

As noted in the Committee’s Report on Annual Reports No. 1 of 2001, the NEPC sought and was granted an extension, for the deadline of its Annual Report 1999-2000 by the Minister for Environment and Heritage. The report is apparently satisfactory.

The Natural Heritage Trust (NHT)

The Natural Heritage Trust is a trust set up by the Natural Heritage Trust of Australia Act 1997. The Natural Heritage Trust Annual Report 1999-2000 is the third annual report tabled since the inception of the trust, and required by section 43 of the Act.

The Australian National Audit Office (ANAO) looked into the “Reporting and Accountability” functions of the NHT as part of its Audit Report No. 43 2000-2001 entitled Performance Information for Commonwealth Financial Assistance under the Natural Heritage Trust. The Department of Environment and Heritage and the Department of Agriculture, Fisheries and Forestry agreed to the six recommendations contained in the ANAO report, two of which related to reporting and accountability.

The Committee notes the ANAO comments that, although the NHT reports on achievement, there should be greater emphasis on reporting the outstanding challenges facing the NHT. Assessment of intermediate outcomes is one example how the ANAO recommends the administering agencies could contribute to providing an assessment of the effectiveness of the NHT.[2] The Annual Report for 1999-2000 has improved upon previous reports in terms of balanced reporting with the inclusion of some findings from the NHT Mid-Term Review. It does not, however, provide the reader with enough information to make an assessment of the significance of achievements made, outstanding challenges, or overall progress against the objectives set out in the Partnership Agreements.[3]

The Committee notes the ANAO report and recommendations, agreed to by the administering agencies. The NHT report is apparently satisfactory.

4. REPORT RECEIVING COMMENT IN THE SENATE CHAMBER

Wet Tropics Management Authority

The Annual Report 1999-2000 from the Wet Tropics Management Authority was tabled in the Senate on 8 November 2000. Senator Jan McLucas and the Minister for Regional Services, Territories and Local Government, Senator the Hon Ian Macdonald, took the opportunity to speak on the report in the Senate, referring to the achievements of the current board under the Chair, Professor Tor Hundloe (whose term was due to expire on 21 September 2000), and future challenges for the authority. The Wet Tropics Management Authority is a joint initiative between the Commonwealth and Queensland governments and its report is apparently satisfactory under section 10 of the Wet Tropics of Queensland World Heritage Area Conservation Act 1994.

5. REPORTS FAILING TO MEET GUIDELINES

The following reports did not fulfil reporting requirements or guidelines:

Director of National Parks and Wildlife

The Annual Report from the Director of National Parks and Wildlife, as mentioned in the Committee’s Report on Annual Reports No. 1 of 2001, was untimely in its presentation before the Parliament. The Committee draws attention to section 9 of the Commonwealth Authorities and Companies Act 1997, which requires the Director of an authority to present its annual report to the Minister by the 15^th day of the 4^th month after the end of the financial year (ie, 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”. The Annual Report from the Director of National Parks was not submitted to the Minister until 28 November 2000, although the Minister tabled the report a short time after, on 5 December 2000.

In addition to the untimely nature of the Annual Report from the Director of National Parks and Wildlife, the Committee also draws the attention of the Senate to the qualification expressed by the Australian National Audit Office within the report’s financial statements. The Committee also notes the statement from the Director to address the shortcomings identified by the auditor.[4]

The remainder of the report from the Director of National Parks and Wildlife is clear and easy to follow.

Great Barrier Reef Marine Park Authority (GBRMPA)

The letter of transmittal in the Annual Report from GBRMPA is dated 22 September 2000. However, the Committee notes that the report was not presented to the Temporary Chair of Committees until 10 January 2001 and subsequently tabled on 6 February 2001. Pursuant to section 9 of the CAC Act, the Committee notes that the report should have been presented to the Parliament in a more timely manner, and expects that this anomaly will not arise with the tabling of GBRMPA’s Annual Report 2000-2001.

Apart from the late presentation of the GBRMPA Annual Report 1999-2000 the report is well presented and apparently satisfactory.

Senator Alan Eggleston

Chairman

Appendix 1

Commonwealth annual reports referred to the Environment, Communications, Information Technology and the Arts Legislation Committee between 1 November 2000 and 30 April 2001.

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

ENVIRONMENT AND 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.

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