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Annual reports (No. 2 of 2004)

September 2004

© Commonwealth of Australia 2004

ISBN 0 642 71398 7

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Contents

Membership of the Legislation Committee

Report to the Senate
Introduction
Annual reporting requirements
Purpose of annual reports
Review of annual reports
Reports referred to the Committee
        Executive agency
        Statutory authorities
        Government business enterprises
        Reports on the operation of Acts
Remarks made in the Senate
Timeliness
Bodies not presenting annual reports to the Senate
Summary

Appendix 1 - Annual reports referred to the Committee

Committee Membership

Members

Senator Alan Eggleston, Chair (LP, WA)
Senator Sue Mackay, Deputy Chair (ALP, TAS)
Senator Lyn Allison (AD, VIC)
Senate Kate Lundy (ALP, ACT)
Senator Santo Santoro (LP, QLD)
Senator Tsebin Tchen (LP, VIC)

Substitute Members

Senator John Cherry (AD, QLD) to replace Senator Allison for matters relating to the Communications portfolio
Senator Brian Greig (AD, WA) to replace Senator Allison for matters relating to the Information Technology portfolio
Senator Aden Ridgeway (AD, NSW) to replace Senator Allison for matters relating to the Arts portfolio

Participating Members

Senator the Hon Eric Abetz (LP, TAS)
Senator the Hon Nick Bolkus (ALP, SA)
Senator the Hon Ron Boswell (NPA, QLD)
Senator Bob Brown (AG, TAS)
Senator George Campbell (ALP, NSW)
Senator Kim Carr (ALP, VIC)
Senator Grant Chapman (LP, SA)
Senator Richard Colbeck (LP, TAS)
Senator Stephen Conroy (ALP, VIC)
Senator the Hon Helen Coonan (LP, NSW)
Senator Christopher Evans (ALP, WA)
Senator the Hon John Faulkner (ALP, NSW)
Senator Alan Ferguson (LP, SA)
Senator Jeannie Ferris (LP, SA)
Senator Brian Harradine (Ind, TAS)
Senator Leonard Harris (PHON, QLD)
Senator the Hon Bill Heffernan (LP, NSW)
Senator Gary Humphries (LP, ACT)
Senator Susan Knowles (LP, WA)
Senator Meg Lees (Ind, SA)
Senator Ross Lightfoot (LP, WA)
Senator Jan McLucas (ALP, QLD)
Senator Julian McGauran (NPA, VIC)
Senator Brett Mason (LP, QLD)
Senator Claire Moore (ALP, QLD)
Senator Shayne Murphy (Ind, TAS)
Senator Kerry Nettle (AG, NSW)
Senator Kerry O'Brien (ALP, TAS)
Senator Robert Ray (ALP, VIC)
Senator John Watson (LP, TAS)
Senator Penny Wong (ALP, SA)

Committee Secretariat

Mr Michael McLean, Secretary
Ms Jacquie Hawkins, Research Officer

Committee Address

Environment, Communications, Information Technology 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/committee/ecita_ctte/index.htm

Report to the Senate

Introduction

By virtue of the operations of standing order 25(21) and a Senate order of 13 February 2002, the Senate refers to this Committee for examination and report the annual reports of departments and agencies of the following two portfolios:

• Communications, Information Technology and the Arts; and

• Environment and Heritage.

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.

This report deals with reports tabled in the Senate during the period from 1 November 2003 to 30 April 2004 as required by standing order 25(21)(f).

Annual reporting requirements

On 4 June 2003 the Joint Committee of Public Accounts and Audit (JCPAA) agreed to revised Requirements for Departmental Annual Reports put forward by the Department of Prime Minister and Cabinet. The Requirements apply to annual reports for departments of state pursuant to subsection 63(2) and executive agencies pursuant to subsection 70(2) of the Public Service Act 1999. They also apply to prescribed agencies under section 5 of the Financial Management and Accountability Act 1997.

Under the Requirements, annual reports of departments and executive and prescribed agencies must be tabled by 31 October. If a department is unable to meet this deadline, an extension of time to report can be sought under the provisions of subsections 34C (4)-(7) of the Acts Interpretation Act 1901. These provisions provide for the secretary to advise the responsible minister of the reasons for the slippage. 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 (the CAC Act), the Minister for Finance outlines the annual reporting requirements for Commonwealth authorities and companies in the Commonwealth Authorities and Companies (Report of Operations) Orders 2002. 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 1999.

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]

Purpose of annual reports

As stated in the Requirements, the primary purpose of annual reports is accountability, in particular to the Parliament. They inform the Parliament, other stakeholders, education and research institutions, the media and the general public about departments' performance in providing services. They are a key reference as well as an internal management document and form part of the historical record. [3]

Review of annual reports

This report reviews eight annual reports of agencies within the portfolio of Communications, Information Technology and the Arts, and two annual reports of agencies within the Environment and Heritage portfolio, which were tabled in the Senate or presented to the President between 1 November 2003 and 30 April 2004.

Appendix 1 provides an alphabetical record, by portfolio, of:

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

• the basis under which the organisation operates, eg department or statutory authority;

• dates indicating the progressive stages in presentation of the annual reports; and

• the date each report was tabled in, or deemed to be presented to, the Senate.

Reports referred to the Committee

The following reports have been referred to the Committee for examination and report:

Executive agency

Australian Greenhouse Office

Energy Use in the Australian Government's Operations 2002-03

Statutory authorities

Australian Broadcasting Corporation

Equity and Diversity Annual Report 2002-03

Australian Film Commission

Annual Report 2003-03-Erratum

Australian Sports Drug Agency

Annual Report 2002-03

National Environment Protection Council

Annual Report 2002-03

Government business enterprises

Telstra Corporation

Equal Employment Opportunity Annual Report 2002-03

Reports on the operation of Acts

Australian Communications Authority

National Relay Service Provider Performance Report 2002-03

Telecommunications Performance Report 2002-03

Department of Communications, Information Technology and the Arts

Funding of Research and Consumer Representation in relation to Telecommunications Annual Report 2002-03

Telecommunications Carrier Industry Development Plans Progress Report 2002-03

Remarks made in the Senate

As required under the terms of Standing Order 25 (21)(d), the Committee notes that none of the annual reports dealt with in this report were the subject of debate in the Senate.

Timeliness

All but one report examined in this report was timely in its presentation to the Parliament. While the report of the Australian Sports Drug Agency was presented to the Minister in a timely manner on 1 October 2003, it was not tabled until 25 November 2003.

The Committee has previously acknowledged advice from the National Environment Protection Council that its enabling legislation requires it to include reports by each member of the Council (ie Commonwealth, State and Territory ministers) in its annual report, which leads to its report being tabled after 31 October each year. The Committee noted in its Report No. 2 of 2002 that this would occur each year.[4]

Bodies not presenting annual reports to the Senate

Standing Order 25(21)(h) requires the Committee to report to the Senate each year whether there are any bodies which do not present annual reports to the Senate which should present such reports. The Committee is aware of no such body.

Summary

The Committee finds that the annual reports referred to it have provided an appropriately comprehensive description of the activities of the reporting bodies and were of a commendably high standard of presentation. They generally met the requirements of the various guidelines that apply to them and were timely in their presentation to the Parliament, except where noted.

Accordingly, the Committee is pleased to report its finding that the annual reports referred to it for examination and tabled in the period under examination were apparently satisfactory.

Senator Alan Eggleston

Chairman

Appendix 1

Annual reports referred to the Environment, Communications, Information Technology and the Arts Legislation Committee
between 1 November 2003 and 30 April 2004

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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