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Membership of the Legislation Committee

Members
Senator Alan Eggleston, Chair (LP, WA)
Senator Kate Lundy, Deputy Chair (ALP, TAS)
*Senator Andrew Bartlett (AD, QLD)
Senate Stephen Conroy (ALP, ACT)
Senator Santo Santoro (LP, QLD)
Senator Tsebin Tchen (LP, VIC)

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

Participating Members

Committee Secretariat
Ms Louise Gell, 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

1.1                 By virtue of the operations of standing order 25(21) and a Senate order of 17 November 2004, 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.

1.2                 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.

1.3                 This report deals with annual reports tabled in the Senate during the period from 1 May to 31 October 2004 as required by standing order 25(21)(f). It deals also with reports tabled up until 18 November 2004. This extended period takes into account the impact of the prorogation of the 40^th Parliament and the election period and allows for reports tabled up until the end of the first sitting period of the new Parliament.

Annual reporting requirements

1.4                 On 23 June 2004 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 are prepared pursuant to subsections 63(2) and 70(2) of the Public Service Act 1999.

1.5                 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.[1] 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.

1.6                 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 (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.

1.7                 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.

1.8                 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]

Apparently satisfactory

1.9                 The terms of standing order 25(21)(a) require the Committee to report to the Senate on whether annual reports are apparently satisfactory. In making this assessment, the Committee considers such aspects as timeliness of presentation and compliance with relevant reporting requirements.

Purpose of annual reports

1.10             As stated in the Requirements[3], the primary purpose of annual reports of departments, and of agencies, 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.

Review of annual reports

1.11             This report reviews 24 annual reports of agencies within the portfolio of Communications, Information Technology and the Arts, and eight annual reports of agencies within the Environment and Heritage portfolio, which were tabled in the Senate or presented to the President between 1 May and 18 November 2004.

1.12             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, where available; and
• the date each report was tabled in, or deemed to be presented to, the Senate.

Reports referred to the Committee

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

Departments and executive and prescribed agencies

• Department of Communications, Information Technology and the Arts – Annual Report 2003-04
• Department of the Environment and Heritage – Annual Report 2003-04
  including reports on the operation of the Environment Protection and Biodiversity Conservation Act 1999; the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; the Hazardous Waste (Regulation of Exports and Imports) Act 1989; the Protection of Moveable Cultural Heritage Act 1986; the Fuel Quality Standards Act 2000 and the Product Stewardship (Oil) Act 2000
• Australian Greenhouse Office – Annual Report 2003-04
• National Archives of Australia and National Archives of Australia Advisory Council – Annual Report 2003-04
• National Oceans Office – Annual Report 2003-04
• Office of the Renewable Energy Regulator – Financial Annual Report 2003-04

Statutory authorities

• Australia Council – Annual Report 2003-04
• Australian Broadcasting Authority – Annual Report 2003-04
• Australian Broadcasting Corporation – Annual Report 2003-04
• Australian Communications Authority – Annual Report 2003-04
• Australian Film Commission – Annual Report 2003-04
• Australian Film Television and Radio School – Annual Report 2003-04
• Australian National Maritime Museum – Annual Report 2003-04
• Great Barrier Reef Marine Park Authority – Annual Report 2003-04
• National Gallery of Australia – Annual Report 2003-04
• National Library of Australia – Annual Report 2003-04
• National Museum of Australia – Annual Report 2003-04
• Special Broadcasting Service Corporation – Annual Report 2003-04
• Sydney Harbour Federation Trust – Annual Report 2003-04

Non-statutory body

• Public Lending Right Committee – Annual Report 2003-04

Government business enterprises

• Australia Postal Corporation (Australia Post) – Annual Report 2003-04
• Australia Postal Corporation (Australia Post) – Equal Employment Opportunity Report 2003-04
• Telstra Corporation – Annual Report 2004

Commonwealth companies

• Australia Business Arts Foundation Ltd – Financial Report for Year Ended 30 June 2004
• Bundanon Trust – Annual Report 2003-04
• Film Australia – Annual Report 2003-04
• Film Finance Australia Corporation– Annual Report 2003-04
• NetAlert – Annual Report 2003-04

Reports on the operation of Acts

• ACCC Telecommunications reports 2002-03
  Report 1. Telecommunications competitive safeguards;
  Report 2. Changes in the prices paid for telecommunications services in Australia
  Report 3. Telstra’s compliance with the price control arrangements
• Department of Communications, Information Technology and the Arts-
  Report on the Online Content Co-Regulatory Scheme –
  Reporting period 5: January to June 2002
  Reporting period 6: July to December 2002
  Reporting period 7: January to June 2003
• Office of the Renewable Energy Regulator – Annual Report 2003
• Supervising Scientist – Annual Report 2003-04

1.14             The Committee notes that it formerly examined the annual reports of the National Office for the Information Economy (NOIE) which, in April 2004, was restructured and renamed the Australian Government Information Management Office (AGIMO). In October 2004, this organisation was transferred to the Finance and Administration portfolio from the Communications, Information Technology and the Arts portfolio. Accordingly, the report is now referred to the Senate Finance and Public Administration Legislation Committee for examination and report.

Remarks made in the Senate

1.15             Under the terms of Senate standing order 25(21)(d), the Committee notes that Senator Andrew Bartlett made comment in the Senate on the annual report of the Great Barrier Reef Marine Park Authority.[4]

Timeliness

1.16             All 2003-04 annual reports examined in this report were timely in their presentation to the Parliament. Twenty-seven were presented by 31 October 2004, and two were presented and tabled by 18 November, as explained in paragraph 1.3.

1.17             Three other reports were tabled earlier in the reporting cycle period:

• ACCC telecommunications reports 2002-03
  Report 1. Telecommunications competitive safeguards;
  Report 2. Changes in the prices paid for telecommunications services in Australia
  Report 3. Telstra’s compliance with the price control arrangements
  (tabled 22 June 2004)
• Department of Communications, Information Technology and the Arts-
  Report on the Online Content Co-Regulatory Scheme –
  Reporting period 5: January to June 2002
  Reporting period 6: July to December 2002
  Reporting period 7: January to June 2003
  (tabled 15 June 2004)[5]
• Office of the Renewable Energy Regulator – Annual Report 2003
  (tabled 3 August 2004)

1.18             In his letter of transmittal to the Minister forwarding the ACCC telecommunications reports, the Chairman noted that:

These reports have been provided to you later than anticipated due to a delay in the finalisation of the report into Telstra's compliance with the price control arrangements. This was due to delays in obtaining all the necessary information from Telstra. In order to ensure that future telecommunications reports are provided as soon as practicable, the Commission intends to provide you with the report on Telstra's compliance with the price control arrangements separately as of new year if the processes around this report cannot be streamlined. The Commission is currently working with Telstra to improve these processes.[6]

1.19             In relation to the annual report of the Office of the Renewable Energy Regulator (ORER), the Committee notes that it reports on the working of the Act on a calendar year basis under section 105 of the Renewable Energy (Electricity) Act 2000. This year the ORER has also produced a separate Financial Annual Report 2003-04.

General comments

1.20             The Auditor-General expressed a qualification in relation to the financial statements of the Australian Greenhouse Office (AGO). The Committee notes that the Auditor-General reported that the AGO had breached section 48 of the Financial Management and Accountability Act 1997 in that it had not met disclosure requirements for special appropriations in the audited financial statements of 2000-01 to 2002-03. However, the AGO has met disclosure requirements in the 2003-04 financial statements.

1.21             The Committee again commends those agencies that have continued to include both a general index and a compliance index in their annual reports this year, although the inclusion of a compliance index is no longer a requirement. It considers the inclusion of a compliance index to be a useful tool for accountability purposes.

Summary

1.22             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.

1.23             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 May 2004 and 31 October 2004[7]

Communications, Information Technology and the Arts portfolio

For further information, contact:

Committee Secretary
Senate Environment, Communications, Information Technology and the Arts Committee
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone:	+61 2 6277 3526
Fax:	+61 2 6277 5818
Email:	ecita.sen@aph.gov.au

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