Overview
1.1
The Senate Rural and Regional Affairs and Transport Legislation
Committee's (the committee) report on annual reports provides an overview of
the committee's examination of annual reports for the 2016–17 financial year,
tabled between 1 November 2017 and 30 April 2018. The
committee is responsible for examining the annual reports of departments and
agencies within the portfolios of:
-
Agriculture and Water Resources; and
-
Infrastructure, Regional Development and Cities.[1]
1.2
This is the second of two reports on annual reports that the committee
is required to produce in 2018.
Terms of reference
1.3
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 is required to:
- Examine each annual report
referred to it and report to the Senate whether the report is apparently
satisfactory.
- 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.
- Investigate and report to the
Senate on any lateness in the presentation of annual reports.
- In considering an annual
report, take into account any relevant remarks about the report made in debate in
the Senate.
- If the committee so
determines, consider annual reports of departments and budget-related agencies
in conjunction with examination of estimates.
- 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.
- Draw to the attention of the
Senate any significant matters relating to the operations and performance of
the bodies furnishing the annual reports.
- 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
1.4
The tabling and scrutiny of annual reports by Senate committees under
Standing Order 25(20) is an important element in the process of government 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
1.5
In accordance with Standing Order 25(20)(f), this report examines the
following annual reports, tabled in the Senate or presented out of session to
the President of the Senate and referred to the committee between 1 November
2017 and 30 April 2018:
Agriculture and Water Resources portfolio
-
Australian Grape and Wine Authority – Annual Report 2016–17;
-
Cotton Research and Development Corporation – Annual Report 2016–17;
-
Fisheries Research and Development Corporation – Annual Report
2016–17;
-
Grains Research and Development Corporation – Annual Report 2016–17;
-
Murray-Darling Basin Authority – Annual Report 2016–17;
-
Rural Industries Research and Development Corporation – Annual
Report 2016–17;
-
Australian Livestock Export Corporation Limited – Annual Report
2016–17;
-
Dairy Australia Limited – Annual Report 2016–17;
-
Northern Territory Fisheries Joint Authority – Report for the
Period 1 July 2016 to 30 June 2017;
-
Western Australian Fisheries Joint Authority – Report for the
Period 1 July 2016 to 30 June 2017; and
-
Queensland Fisheries Joint Authority – Report for the Period 1
July 2016 to 30 June 2017.
Infrastructure, Regional
Development and Cities portfolio
-
Australian Rail Track Corporation Limited – Annual Report 2016–17;
and
-
National Heavy Vehicle Regulatory – Annual Report 2016–17.
Reports not examined
1.6
The committee is not obliged to report on Acts, statements of corporate
intent, surveys, corporate plans or errata. The following documents were
referred to the committee but have not been examined in this report:
-
Report to the Parliament in relation to the Funding Agreement
2017-21 with the Australian Livestock Export Corporation Limited (LiveCorp) for
the financial year 2016–17;
-
Report to the Parliament in relation to the Statutory Funding
Agreement 2013-17 with Dairy Australia Limited (DA) for the
financial year 2016–17;
-
Murray-Darling Basin Authority – Basin Plan Evaluation 2017;
-
Report to the Parliament on Livestock Mortalities During Export
by Sea for the Reporting Period 1 July to 31 December 2017;
-
Amendment No.1 of the Central Highlands Regional Forest Agreement
– 26 March 2018;
-
Amendment No.2 of East Gippsland Regional Forest Agreement – 26
March 2018;
-
Amendment No.1 of North East Regional Forest Agreement – 26 March
2018;
-
Sydney Airport Demand Management Act 1997 – Quarterly
report on the maximum movement limit for Sydney Airport for the period 1 July
to 30 September 2017; and
-
Airservices Australia – Report on Movement Cap for Sydney Airport
– Fourth Quarter 2017 – 1 October 2017 to 31 December 2017.
Annual reporting requirements
1.7
The Public Governance, Performance and Accountability Act 2013
(PGPA Act) established a performance reporting framework for all Commonwealth
entities and companies. The performance framework is based on section 38 of the
PGPA Act which requires all Commonwealth entities to measure and assess their
performance.
1.8
The performance framework established under the PGPA Act includes the
requirement for Commonwealth entities to prepare a corporate plan and annual
performance statements. The Public Governance, Performance and Accountability
Rule 2014 (PGPA Rule 2014) contain the minimum requirements to be included.
1.9
Section 39 of the PGPA Act requires all Commonwealth entities to prepare
an annual performance statement and include those statements in their annual
reports. Entities use the annual performance statements to report on the
results achieved against the targets, goals and measures established at the
beginning of a reporting year in corporate plans and Portfolio Budget
Statements.
1.10
Below is a summary of the legislative authority and requirements for the
different types of bodies under which annual reports are prepared:
-
Non-corporate Commonwealth entities: PGPA Act, section 46 and the
PGPA Rule 2014, Division 3A(A); for portfolio departments and executive
agencies, and for statutory bodies, relevant enabling legislation.
-
Corporate Commonwealth entities: PGPA Act, section 46 and the
PGPA Rule 2014, Division 3A(B); and for statutory bodies, relevant enabling
legislation.
-
Commonwealth companies: PGPA Act, section 97, which also refers
to requirements under the Corporations Act 2001 and the PGPA Rule, Part
3-3; and for statutory bodies, relevant enabling legislation.
-
Non-statutory bodies: the annual reporting requirements are
contained in the government response to the Senate Standing Committee on
Finance and Public Administration's Report on Non-Statutory bodies.[2]
Timeliness
1.11
Standing Order 25(20)(c) requires the committee to report to the Senate
on the late presentation of annual reports. In assessing the timeliness of the
presentation of annual reports, the committee assesses the presentation against
the requirements of different categories of bodies, the PGPA Rule 2014 and
other legislative requirements.
Commonwealth entities
1.12
Section 46 of the PGPA Act requires the provision of an annual report of
a Commonwealth entity to the responsible minister by the 15th day of the fourth
month after the end of the reporting period for the entity. This section of the
Act does not, however, provide for a timeframe for the minister to present the
report to the Parliament.
Commonwealth companies
1.13
Section 97 of the PGPA Act sets out the requirements for the provision
of annual reports of Commonwealth companies to the responsible minister. Under
subsection 97(2) of the PGPA Act a company is to provide a report:
- if the
company is required by the Corporations Act 2001 to hold an annual
general meeting—the earlier of the following:
- 21 days
before the next annual general meeting after the end of the reporting period
for the company;
- 4 months
after the end of the reporting period for the company; and
- in any
other case—4 months after the end of the reporting period for the company; or
the end of such further period granted under subsection 34C(5) of the Acts
Interpretation Act 1901.
1.14
Subsection 97(5) of the PGPA Act states that:
(5) If the Commonwealth company is a wholly-owned
Commonwealth company, or is not required to hold an annual general meeting,
the responsible Minister must table the documents in each House of the
Parliament as soon as practicable after receiving them. In all other cases, the
responsible Minister must table the documents in each House of the Parliament
as soon as practicable after the annual general meeting of the company.
PGPA Rule 2014
1.15
The PGPA Rule 2014 states that annual reports for corporate Commonwealth
entities, non-corporate Commonwealth entities and Commonwealth companies must
comply with the Guidelines for the Presentation of Documents to the Parliament,
which is prepared by the Department of the Prime Minister and Cabinet.[3]
1.16
The guidelines advise that for all entities:
As per past practice, it is expected that the responsible
Minister will present the report to each House of Parliament on or before 31
October. If the Senate Supplementary Budget Estimates hearings are scheduled to
occur prior to 31 October, it is best practice for annual reports to be tabled
prior to those hearings. This ensures that annual reports are available for
scrutiny by the relevant Senate standing committee.[4]
1.17
Entities reporting in accordance with their own legislation are often
required to prepare for the relevant minister their annual report 'as soon as
is practicable' after the end of the particular period to which the report
relates. The committee draws attention to subsections 34C(2) and 34C(3) of the Acts
Interpretation Act 1901, which stipulate that where no date for providing a
report to a minister is specified, the report should be presented no more than
six months after the reporting period, and the minister must provide the report
to the Parliament within 15 days after the minister receives it.
Timeliness of reports examined
1.18
The presentation of annual reports to the Parliament has two elements
with regard to timeliness: the furnishing of the report to the minister and the
presentation of the report to the Parliament.
1.19
Appendix 1 sets out a complete list of documents referred to the
committee during the period 1 November 2017 and 30 April 2018 (including those
not examined). This appendix includes references to the relevant legislation,
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 in both the House of Representatives and the Senate.
1.20
The committee notes that most entities presented their report to the responsible
minister within the specified timeframe. With respect to the tabling of annual
reports, all annual reports were tabled within 15 sitting days of receipt.
1.21
The committee will continue to monitor the timeliness of future annual
reports.
Apparently satisfactory
1.22
Standing Order 25(20)(a) requires the committee to report to the Senate
on whether the annual reports of departments and agencies in its portfolio are
'apparently satisfactory'. In making this assessment, the committee considers
aspects including timeliness of presentation and compliance with the relevant
reporting requirements.
1.23
The committee considers that all annual reports referred during the
reporting period were 'apparently satisfactory'. The following chapter examines
selected annual reports in further detail.
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