Chapter 1Introduction
1.1The Senate Legal and Constitutional Affairs Legislation Committee (the committee) is responsible for examining the annual reports of the departments and agencies within the Attorney-General’s and Home Affairs portfolios.
1.2This report on annual reports (No. 2 of 2023) provides an oversight of the committee’s examination of annual reports presented to the Parliament between 1 November 2022 and 30 April 2023 (the reporting period).
Terms of reference
1.3Under Senate Standing Order 25(20), the annual reports of certain departments and agencies are referred to the committee for assessment and examination. Each committee is obligated to:
(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 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.
Allocated portfolios
1.4On 27 July 2022, the Senate allocated departments and agencies to committees. In accordance with that resolution, the committee has responsibility for the oversight of the following:
Attorney-General’s portfolio; and
Home Affairs portfolio.
Performance reporting framework
1.5Under Section 38 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) all Commonwealth entities are required to assess and measure their performance. The PGPA Act has an established whole-of-government performance reporting framework whereby Commonwealth entities can complete their assessment.
1.6Under Section 39 of the PGPA Act, Commonwealth entities are required to prepare an annual performance statement and include these statements in their annual reports. Entities use annual performance statements to report on the results achieved against the goals, targets and measures determined at the start of the reporting year in the relevant corporate plan and Portfolio Budget Statements (PBS).
1.7The purpose of these documents is to act as the primary accountability mechanism and assist the Parliament in assessing the performance of departments and agencies.
1.8The Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) supports the implementation of the PGPA Act. Furthermore, the requirements of annual reports for Commonwealth entities are listed under Sections 16E, 16EA, 16F and 27A of the PGPA Rule.
Requirements for annual reports
1.9The information provided in annual reports puts the performance of government departments and agencies on the public record. Therefore, the tabling of these documents is an important aspect of accountability to the Parliament.
1.10Requirements for annual reports is not consistent across all Commonwealth bodies. Depending on the type of Commonwealth body an agency or department is, will depend on the provisions that apply to their annual report. Legislative provisions for Commonwealth bodies are detailed as follows:
non-corporate Commonwealth entity—section 46 of the PGPA Act and Subdivision A of Division 3A of Part 2–3 of the PGPA Rule;
corporate Commonwealth entity—section 46 of the PGPA Act and Subdivision B of Division 3A of Part 2–3 of the PGPA Act;
Commonwealth company—section 97 of the PGPA Act which refers to additional requirements under the Corporations Act 2001 and Part 3–3 of the PGPA rule;
Statutory office holder and statutory bodies—statutory office holders are engaged or employed under an Act, which may specify annual reporting requirements. It should be noted that there may be reporting requirements in the enabling legislation for statutory bodies (which may also be a Commonwealth entity); and
non-statutory bodies (NSBs)—NSBs are established by a minister and are not pursuant to a statute. Guidelines for the preparation of annual reports for NSBs are contained in the government response to the Senate Standing Committee on Finance and Public Administration report on non-statutory bodies.
1.11In addition to the legislative requirements set out in the PGPA Act, guidance material provided by the Department of Finance outlines further details on the content required in annual reports in accordance with the Commonwealth performance framework under the PGPA Act and PGPA Rule. The material available includes the following guides:
Resource Management Guide No. 135—Annual reports for non-corporate Commonwealth entities; and
Resource Management Guide No. 136—Annual reports for corporate Commonwealth entities.
Reports examined
1.12In accordance with Standing Order 25(20)(f), this report examines reports tabled during the reporting period.
1.13All annual reports from Commonwealth entities, companies and statutory office holders under the Home Affairs portfolio were tabled prior to 1 November 2022 and were considered in the previous report on Annual reports (No. 1 of 2023).
1.14During the reporting period, three annual reports were tabled by agencies in the Attorney-General’s Portfolio. Those reports were from the Independent National Security Monitor, the High Court of Australia, and the Family Law Council. These reports were tabled and referred during the reporting period and are considered in this report.
1.15The committee is not obligated to examine reports that operate under Acts, policy papers, budget documents or corporate plans. All reports referred to the committee, including those not examined in the report, are found in Appendix1.
Timeliness
1.16Under Standing Order 25(20)(c) the committee must report to the Senate on the late presentation of annual reports. The committee considers timeliness as an important element in the accountability to the Parliament.
1.17Appendix 1 lists the annual reports tabled and referred to the committee during the reporting period. This table includes the dates when the reports were tabled in the Senate (or if the report was received by the President out of session) and the House of Representatives. The table also includes the dates when the reports were submitted and received by the minister. For the purpose of timeliness, the earliest date is recorded as the presentation date to the Parliament.
1.18The committee acknowledges that all annual reports were submitted within their relevant reporting period.
Bodies which have not presented annual reports to the Parliament
1.19In accordance with Standing Order 25(20)(h) the committee is required to report to the Senate on whether any required bodies failed to present an annual report. All relevant bodies in the portfolios which the committee had oversight has presented an annual report.
Annual reports referred to in the Senate
1.20Under Standing Order 25(20)(d), the committee is required to take into consideration any remarks made in the Senate about each annual report.
1.21During the reporting period, the committee has not identified any occasions on which an annual report was remarked upon during debate in the Senate.
‘Apparently satisfactory’
1.22Standing Order 25(20)(a) requires the committee to report to the Senate on whether annual reports referred to it in the reporting period were ‘apparently satisfactory’. In assessing these reports, the committee has taken into consideration the position of the annual reports within their own enabling legislative requirements for the reports. The committee considers all reports examined to be ‘apparently satisfactory’. The committee continues to encourage Commonwealth bodies to aim for standards of best practice in preparing annual reports.