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Annual reports (No. 2 of 2006)September 2006 © Commonwealth of Australia 2006 |
View the report as a single document - (PDF 174KB)
Membership of the Legislation Committee
Abbreviations
Report to the Senate
Introduction
Annual reporting requirements
Purpose 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
Comments on annual reports
Bodies not presenting annual reports to the Senate
Summary
Appendix 1 – Annual reports referred to the Committee
Members
Participating Members
Committee Secretariat
Committee Address
Environment, Communications, Information Technology and the Arts Legislation Committee
PO Box 6100
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
ASC |
Australian Sports Commission |
| CAC Act | Commonwealth Authorities and Companies Act 1997 |
| EPBC Act | Environment Protection and Biodiversity Conservation Act 1999 |
| FMA Act | Financial Management and Accountability Act 1997 |
| NEPC | National Environment Protection Council |
| NEPM | National Environment Protection Measure |
| ORER | Office of the Renewable Energy Regulation |
1.1 By virtue of the operations of Senate Standing Order 25(21) and a Senate order of 17 November 2004,[1] 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 reports tabled in the Senate during the period from 1 November 2005 to 30 April 2006 as required by standing order 25(21)(f).
1.4 On 29 June 2005 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.
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. 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.[2]
1.6 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.
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.[3]
1.9 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.[4]
1.10 This report reviews ten annual reports from agencies and the department within the Communications, Information Technology and the Arts portfolio, and six annual reports of agencies within the Environment and Heritage portfolio, which were tabled in the Senate or presented to the President between 1 November 2005 and 30 April 2006.
1.11 The following reports have been referred to the Committee for examination and report:
Executive agency
Bureau of Meteorology
Annual Report 2004-05
Statutory authorities
Australian Sports Commission
Annual Report 2004-05Office of the Renewable Energy Regulator
Financial Annual Report 2004-05National Environment Protection Council
Annual Report 2004-05National Museum of Australia
Annual Report 2004-05 ErratumSydney Harbour Federation Trust
Annual Report 2004-05Wet Tropics Management Authority
Annual Report and State of the Wet Tropics Report 2004-2005
Government business enterprises
Australian Business Arts Foundation Ltd
Financial Statements for 2004-05
Reports on the operation of Acts
Australian Broadcasting Corporation
Equity and Diversity Annual Report 2004-05Australian Communications and Media Authority
National Relay Service Performance Report 2004-05
Telecommunications Performance Report 2004-05
Australian Competition & Consumer Commission
Telstra's compliance with price control arrangements 2004-2005
Australian Postal Corporation ( Australia Post)
Equal Employment Opportunity Report 2004-05
Department of Communications, Information Technology and the Arts
Funding of Research and Consumer Representation in relation to Telecommunications Annual Report 2004-05Natural Heritage Trust
Annual Report 2004-05Telstra Corporation
Equal Employment Opportunity Annual Report 2004-05
112 Appendix 1 provides an alphabetical record in more detail, including:
the basis under which the organisation operates, for example, 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.
1.13 As required under the terms of Standing Order 25(21)(d), the Committee notes that, of the reports dealt with in this report, the Wet Tropics Management Authority Annual Report 2004-05 was the subject of debate in the Senate. Further detail is provided below.
1.14 As noted above, the annual report requirements state that if a department is unable to meet the tabling 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.[5]
1.15 Two such explanations were tabled by the Minister for the Environment and Heritage in relation to the annual reports of the Bureau of Meteorology (tabled 3 November 2005) and the Office of the Renewable Energy Regulator (tabled 7 November 2005). These explanations are dealt with in the comments on each of the reports below.
1.16 The Committee notes previous advice from the National Environment Protection Council (NEPC) that its enabling legislation requires it to include reports by each member of the Council (that is, Commonwealth, State and Territory ministers) in its annual report, which leads to its report being tabled after 31 October each year. The Committee has previously acknowledged that this would occur each year.[6]
1.17 The report of the Natural Heritage Trust 2004-05 was presented on 21 December 2005, having been received by the Minister on 7 December 2005. Under section 43 of the Natural Heritage Trust Act 1997, the Minister must cause an annual report to be prepared as soon as practicable after 30 June each year and table it within 15 sitting days.
1.18 The Committee notes that the letter of transmittal to the Minister in the Wet Tropics Management Authority's Annual Report is dated 16 September 2005. However, the report was received by the Minister on 4 November 2005 and tabled on 29 November 2005.
1.19 The remaining two agencies which tabled reports after 31 October report under the CAC Act. Section 9 of that Act provides that annual reports must be given to the responsible Minister by 15 October. Both these reports met this deadline as shown below:
Australian Sports Commission, received 4 October 2005, presented 16 November and tabled 28 November 2005; and
Sydney Harbour Federation Trust, received 10 October 2005 and tabled 8 November 2005.
1.20 The Requirements for Annual Reports states that 'where an agency's own legislation provides a timeframe for its annual report … that timeframe applies. … However, it remains the Government's policy that all annual reports should be tabled by 31 October.'[7] The Committee encourages agencies to table annual reports in a timely manner.
1.21 The Committee comments on some of the annual reports referred to it for examination.
1.22 This report details the success of the Australian teams at the 2004 Olympic and Paralympic Games. It notes also the successes of Australian athletes and teams in many international events including BMX, cycling, bowls, men's and women's cricket, squash and water skiing. The Australian Sports Commission (ASC) has supported these sports as well as some 70 other national sporting organisations in their athlete development programs.[8]
1.23 The report also advises of the implementation of the Active After-school Communities program, an initiative announced in June 2004 by the Prime Minister as a key component of the Government's Building a Healthy, Active Australia package. The program provides increased opportunities to primary school-aged children to be physically active, to improve their motor skill development and to participate in safe, fun and supervised activities. The ASC anticipates the program will reach its scheduled target of 3250 schools and out of school hours care services participating by Term 3, 2007.[9]
1.24 The report notes additional budget funding provided to establish a training base in Europe with accommodation, training facilities and equipment storage, where sports medicine, sport science and other support services can be provided to Australian athletes training and competing in Europe.[10]
1.25 As noted above, on 3 November 2005 the Minister for the Environment and Heritage tabled a statement of explanation for an extension of time for the Bureau to table its annual report. The statement noted that the delay related to the resolution of issues arising from the audit of the Bureau's financial statements which required negotiations with the Australian National Audit Office and the Department of Finance and Administration. As a result of the delay the Bureau undertook to provide the Minister with the report by 30 November 2005. The Committee notes that the report was submitted to the Minister on 29 November 2005.
1.26 The Bureau reports that the foreshadowed move of the Bureau's headquarters to new premises in Melbourne has been completed smoothly and without interruption to the Bureau's operations.
1.27 During the reporting year, the new National Tidal Centre, providing sea level expertise and scientific advice for the public, maritime industry and specialist users, was moved from Flinders University to the South Australia Regional Office in Adelaide. The report also advises that its support for the Australian Tsunami Alert System operated by the Bureau, Geoscience Australia and Emergency Management Australia is ongoing.
1.28 In his Review, the Director notes the continuing growth in demand for information and services through the Bureau's web site which 'is the most heavily-accessed government website in the country' receiving more than five billion hits in 2004-05.[11]
1.29 As a result of the Intergovernmental Agreement on the Environment, all participating jurisdictions (the Commonwealth and all state and territory governments) have complementary legislation establishing the National Environment Protection Council (the NEPC). The Council has two primary functions: to make National Environment Protection Measures (NEPMs) and to assess and report on their implementation and effectiveness.
1.30 NEPMs outline agreed national objectives for protecting or managing particular aspects of the environment, for example in relation to air and water quality, soil pollution and noise. Implementation of NEPMs is the responsibility of each participating jurisdiction, and each minister reports to the Council each year on the implementation of each of these measures.
1.31 This report incorporates assessments from the Commonwealth, states and territories on the following issues:
Air quality
Waste management
Water quality
Eco-efficiency and sustainability, and
Integrated national heritage policy
1.32 The Trust continues to engage the community in natural resource management and environment protection activity. Fifty-two of the 56 regions identified for the purposes of the Trust have management plans in place, more than double the previous year, and have also finalised investment strategies.[12]
1.33 The Trust reports that a total of $307.61 million has been spent on activities including Envirofund projects and regional and national projects.[13]The activities include improvements to beaches, rivers and wetland areas, boosting productivity in agricultural land and enhancing rangeland areas.
1.34 On 7 November 2005, the Minister for the Environment and Heritage tabled a statement of explanation for an extension of time for the Office of the Renewable Energy Regulator (ORER) to table its annual report. The reason for the extension related to the resolution of issues arising from the audit of the ORER's financial statements which required negotiations with the Australian National Audit Office and the Department of Finance and Administration. As a result of the delay the ORER undertook to provide the Minister with the report by 30 November 2005. The Committee notes that the report was submitted to the Minister on 14 November 2005.
1.35 Established to implement the Mandatory Renewable Energy Target (MRET), the ORER functions include:
maintenance of public information registries tracking progress in meeting the scheme's requirements;
accreditation of eligible power stations;
registration of Renewable Energy Certificates (RECs);
monitoring and compliance; and
audits.
1.36 The report notes that the ORER's two main streams of activity are REC management and managing compliance with legislation.
1.39 The Trust advises that a number of its sites are almost fully accessible to the community after some years of remediation work. In particular it records the completion of a walking track linking a number of harbour foreshore tracks and the restoration of several heritage buildings which it proposes to lease for a range of uses compatible with each site's natural and cultural heritage, for example those at Chowder Bay will be leased to a consortium of universities for marine studies purposes.
1.40 As part of the planning process, the Trust conducts a program of consulting communities and liaising with key stakeholders on the planning for and rehabilitation of sites. These activities include formal committee meetings, workshops, open days, presentations, discussions and the exhibition of plans.[15]
1.41 The report records the signing of the Wet Tropics Regional Agreement between 17 Rainforest Aboriginal tribal groups, the Queensland and Australian governments and the Authority. The agreement provides for the participation of traditional owners in decision making and management activities of World Heritage Area.
1.42 The report notes the commencement of the review of the Wet Tropics Management Plan 1998 which is required to be reviewed no later than 1 September 2005 under the Wet Tropics Act. It also flags a review of the Wet Tropics Intergovernmental Agreement between the Australian and Queensland Governments. This Agreement provides a framework for the Authority's structural, management and funding arrangements and its review will be part of a broader review looking at governance and funding arrangements for all Queensland World Heritage areas.[16]
1.43 The report also records the launch, foreshadowed in the Authority's previous annual report, in September 2004 of the Wet Tropics Conservation Strategy which outlines actions to achieve conservation of the World Heritage Area and its surrounds, and advises that the vegetation mapping of the area is now close to finalisation.
1.44This report generated some debate in the Senate after its tabling. Three issues in particular were mentioned: the difficulties and challenges presented by protected areas adjoining agricultural areas such as sugar cane farms and growing residential developments; the effects of tourism and the adequacy of funding of the Authority.[17]
1.45 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.
1.46 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.
1.47 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.
1.48 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 AlanEggleston
Chairman
Annual reports referred to the Environment, Communications, Information Technology and the Arts Legislation Committee
between 1 November 2005 and 30 April 2006
Communications, Information Technology and the Arts portfolio
Name |
Type[18] |
Dates[19] |
Tabled[20] |
Australian Business Arts Foundation Financial Statements 2004-05 |
Government enterprise |
A. - |
08/11/05 |
Australian Postal Corporation Equal Employment Opportunity Report 2004-05 |
Report on the operation of an Act |
A. undated |
09/11/05 |
Australian Broadcasting Corporation Equity and Diversity Annual Report 2004-05 |
Report on the operation of an Act |
A. - |
28/02/06 |
Australian Competition & Consumer Commission–Telstra's compliance with price control arrangements 2004-05 |
Report on the operation of an Act |
A. 13/03/06 |
28/03/06 |
Australian Communications and Media Authority–National Relay Service Performance Report 2004-05 |
Report on the operation of an Act |
A. 13/10/05 |
07/12/05 |
|
|
A. 17/11/05 |
|
|
|
|
|
Department of Communications, Information Technology and the Arts Funding of Research and Consumer Representation in relation to Telecommunications Annual Report 2004-05 |
Report on the operation of an Act |
A. November 2005 |
08/02/06 |
National Museum of Australia Erratum to Annual Report 2004-05 |
Statutory Authority |
A. undated |
08/11/05 |
Telstra Annual Equal Employment Opportunity Report 2004-05 |
Report on the operation of an Act |
A. 13/03/06 |
28/03/06 |
Environment and Heritage portfolio
Name |
Type |
Dates |
Tabled |
| Bureau of Meteorology Annual Report 2004-05 | Executive Agency |
A. 28/11/05 |
07/02/06 |
Office of the Renewable Energy Regulator Financial Annual Report 2004-05 |
Statutory Authority |
A. October 2005 |
07/12/05 |
National Environment Protection Council Annual Report 2004-05 |
Statutory Authority |
A. undated |
28/02/06 |
Natural Heritage Trust Annual Report 2004-05 |
Report on the operation of a Trust Account |
A. undated |
07/02/06 |
Sydney Harbour Federation Trust Annual Report 2004-05 |
Statutory Authority |
A. 07/10/05 |
08/11/05 |
Wet Tropics Management Authority Annual Report and State of the Wet Tropics Report 2004-05 |
Statutory Authority |
A. 16/09/05 |
29/11/05 |
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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