Chapter 1
Overview
1.1
This is the Senate Rural and Regional Affairs and Transport Legislation
Committee's (the Committee) second and final report on annual reports in 2014. It
provides an overview of the committee's examination of annual reports for the
2012–13 financial year tabled after 31 October 2013. The committee is
responsible for examining the annual reports of departments and agencies within
the portfolios of:
- Agriculture; and
- Infrastructure and Regional Development.[1]
Terms of reference
1.2
Under Senate Standing Order 25(20), 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 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.
Purpose of annual reports
1.3
The tabling and scrutiny of annual reports by Senate committees, under
Standing Order 25(20), is an important element in the process of the
government's accountability to Parliament. The information provided in annual
reports is placed on the public record and assists Parliament in its
examination of the performance of departments and agencies and the
administration of government programs.
Reports referred to the committee
1.4
The committee reported on annual reports tabled in the Senate by 31
October 2013 in its Report on Annual Reports (No. 1 of 2014) tabled on 19 March
2014, which examined four annual reports in detail.
1.5
In accordance with Standing Order 25(20)(f), this report examines those
annual reports tabled between 1 November 2012 and 30 April 2013.
The committee examined the following reports:
Agriculture Portfolio
-
Australian Fisheries Management Authority (AFMA)—Report for
2012-13;
-
Australian Livestock Export Corporation Limited (LiveCorp)—Report
for 2012-13;
-
Cotton Research and Development Corporation (CRDC)—Report for
2012-13;
-
Dairy Australia Limited—Report for 2012-13;
-
Fisheries Research and Development Corporation (FRDC)—Report for
2012-13;
-
Grape and Wine Research and Development Corporation
(GWRDC)—Report for 2012-13;
-
Grains Research and Development Corporation (GRDC)—Report for
2012-13;
-
Rural Industries Research and Development Corporation
(RIRDC)—Report for 2012-13;
-
Sugar Research and Development Corporation (SRDC)—Report for
2012-13;
-
Sugar Research and Development Corporation (SRDC)—Report for
2013-14—Final annual report for the period 1 July to 30 September 2013; and
-
Wheat Exports Australia (WEA)—Report for the period 1 July 2012
to 31 December 2012 [Final Report].
Infrastructure and Regional
Development Portfolio
-
Australian Rail Track Corporation (ARTC)—Report for 2012-13;
-
National Capital Authority (NCA)—Report for 2012-13;
-
National Heavy Vehicle Regulator (NHVR)—Report for the period 12
October 2012 to 30 June 2013;
-
National Transport Commission (NTC)—Report for 2012-13; and
-
Office of the National Rail Safety Regulator (ONRSR)—Report for
the period 20 January to 30 June 2013.
1.6
Appendix 1 sets out a complete list of reports referred to the committee
during the period 1 November 2013 to 30 April 2014 (including
those not examined). This appendix includes references to the relevant
legislation requiring annual reports, the letter of transmittal dates, the
dates on which the annual reports were sent to, and received by, the relevant
Minister, and the dates on which the annual reports were tabled.
Reports not examined
1.7
The committee is not obliged to report on Acts, statements of corporate
intent, surveys, corporate plans or errata. The following seven documents were
referred to the committee but have not been examined:
-
Airservices Australia—Sydney Airport Demand Management Act
1997—quarterly report on the maximum movement limit for the period 1 July
to 30 September 2013;
-
Airservices Australia—Sydney Airport Demand Management Act
1997—quarterly report on the maximum movement limit for the period 1
October to 31 December 2013;
-
Australian Rail Track Corporation Ltd (ARTC)—Statement of
Corporate Intent 2013-14;
-
Local Government (Financial Assistance) Act 1995—Report
for 2010-11 on the operation of the Act, including maps of state and territory
local government areas;
-
Regional Forest Agreement between the Commonwealth and Western
Australia—Report of the review of the implementation of the Regional Forest
Agreement for the South-West Forest Region of Western Australia for the period
1999 to 2009—First independent review, dated December 2013;
-
Report to the Parliament in relation to the Deed of Agreement
2007-13 (funding contract) with Dairy Australia Limited;
-
Report to the Parliament in relation to the Funding Agreement
2010-14 with the Australian Livestock Export Corporation Limited (LiveCorp);
-
Report to the Parliament in relation to the Statutory Funding
Agreement 2013-17 between the Commonwealth of Australia represented by the
Department of Agriculture, Forestry and Fisheries and Dairy Australia Limited;
-
Report to the Parliament in relation to the Statutory Funding
Agreement 2013-17 between the Commonwealth of Australia represented by the
Department of Agriculture, Forestry and Fisheries and Sugar Research Australia
Limited; and
-
Report to the Parliament on Live-stock Mortalities During Exports
by Sea for the Reporting Period 1 July 2013 to 31 December 2013.
Method of assessment
1.8
Senate Standing Orders require the committee to
examine the annual reports referred to it to determine whether they are timely
and ‘apparently satisfactory’. In forming its assessment, the committee
considers whether the reports comply with the relevant legislation and
guidelines for the preparation of annual reports:
-
for departments of state and executive agencies these are: the Public
Service Act 1999, subsections 63(2) and 70(2), and the Requirements for
Annual Reports for Departments, Executive Agencies and FMA Act Bodies (Requirements
for Annual Reports), Department of the Prime Minister and Cabinet
(PM&C), approved by the Joint Committee of Public Accounts and Audit and
updated by PM&C on 24 June 2013;[2]
-
for Commonwealth authorities and companies: the Commonwealth
Authorities and Companies Act 1997 (the CAC Act), sections 9, 36 and 48,
the Commonwealth Authorities (Annual Reporting) Orders 2011, the
Commonwealth Companies (Annual Reporting) Orders 2011 (CAC Orders) and
the requirements of the Corporations Act 2001;[3]
and
-
for non-statutory bodies: the requirements are contained in the
Government response to the report of the Senate Standing Committee on Finance
and Government Operations on Non-statutory bodies, Senate Hansard, 8 December
1987, pp 2643–45.
Timeliness in tabling of annual reports
1.9
Standing Order 25(20)(c) requires the committee to report to the Senate
on the late presentation of annual reports.
1.10
Annual reports must be tabled in Parliament by 31 October each year,
except where an agency's own legislation specifies a timeframe for its annual
report.[4]
Those agencies reporting under the CAC Act are required to provide their
annual reports to the Minister by the 15th day of the fourth month
after the end of the financial year.[5]
Where the financial year ends on 30 June, this deadline translates to 15
October.
1.11
Where an agency's own legislation provides a timeframe for its annual
report, an alternative timeframe applies. However, the committee reminds such
bodies that it is the Government's policy that all annual reports should be
tabled in Parliament by 31 October. [6]
1.12
The committee has observed that while almost all agencies and other
relevant entities sent their report within the specified timeframes, a
considerable number were not tabled by 31 October 2013. The committee
encourages the government to ensure annual reports are tabled by 31 October
each year.
1.13
The committee also notes that the inaugural reports of the National
Heavy Vehicle Regulator and Office of the National Rail Safety Regulator were
not sent to, or received by, the responsible Commonwealth Ministers within the
timeframes set by the entities' relevant legislation (three months after the
end of the financial year or 30 September).[7]
1.14
Finally, the committee notes that the last annual report received from
the Protected Zone Joint Authority (PZJA) was in January 2013 for the 2009-10
financial year.[8]
Under the relevant legislation, the PZJA is required to prepare an annual
report 'as soon as practicable after 30 June in each year'.[9]
The committee encourages the PZJA to report in a more timely fashion.[10]
Comments on reports
1.15
The committee considers that the all reports received were 'apparently
satisfactory'. The following chapter of this report examines selected annual
reports in further detail and incorporates suggestions for improvement.
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