PREFACE
Terms of reference
On 1 May 1996,
a resolution of the Senate allocated the following portfolios to the Legal and
Constitutional Legislation Committee:
-
Attorney-General’s portfolio; and
- Immigration and Multicultural and Indigenous
Affairs portfolio.
This report was prepared pursuant to Standing Order 25(21)
relating to the consideration of annual reports by legislation committees. The
Standing Order states:
Annual reports of departments and agencies shall stand referred
to the legislation committees in accordance with an allocation of departments
and agencies in a resolution of the Senate. Each 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; and
(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.
Role of annual reports
Annual reports place a great deal of information about
government departments and agencies on the public record. Accordingly, the
tabling of annual reports is an important element of accountability to
Parliament, as the information provided in annual reports assists in the
effective examination of the performance of departments and agencies and the
administration of government programs.
Timing of presentation of reports on annual reports
Standing Order 25(21)(f) requires that legislation
committees 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.
Under the guidelines issued by the Department of Prime
Minister and Cabinet, the annual reports of departments and executive and
prescribed agencies 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 delay, 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] It is
government policy that all annual reports should be tabled by 31 October.[2]
Guidelines for the annual reports of statutory bodies are
set out in the Commonwealth Authorities
and Companies Orders 1998 (tabled 10
November 1998).
Guidelines 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]
'Apparently satisfactory'
Under the terms of Standing Order 25(21)(a), the committee
is required to report to the Senate whether reports are 'apparently
satisfactory'. In making this assessment, the committee considers such aspects
as compliance with relevant reporting guidelines.
Timeliness
Under standing order 25(21)(c), the committee must also
report to the Senate on any lateness in the presentation of annual reports. A
table listing the Annual Reports referred to the committee and their tabling dates
can be found at Appendix 1.
It appears that the annual reports of a number of agencies were
not tabled in, or presented to, the Senate by the required statutory deadline.
Conclusion
The committee examined all of the annual reports submitted
by 30 April 2006 and found
them to be of a satisfactory standard, adequately describing the functions, activities
and financial positions of the various agencies. The committee therefore finds
all submitted annual reports to be 'apparently satisfactory'.
For further information, contact:
Committee Secretary
Senate Standing Committees on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia
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