CHAPTER 1
Introduction
1.1
This is the Senate Education, Employment and Workplace Relations Legislation
Committee's (the committee) first report on annual reports for 2012. It
provides an overview of the committee's examination of annual reports for the 2010–11
financial year.
Terms of reference
1.2
This report was prepared pursuant to Standing Order 25(20) relating to
the consideration of annual reports by committees. The Standing Order states:
Annual reports of departments and agencies shall stand
referred to the 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.
(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]
1.3
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,
assisting in the effective examination of the performance of departments and
agencies, and the administration of government programs.
Annual reports referred
1.4
In accordance with Senate Standing Order 25(20)(f) this report examines
those annual reports tabled between 1 May 2011 and 31 October 2011. The
committee examined the following reports:
Departmental Reports
-
Annual National Report of the Australian Vocational Education and
Training
System 2009
-
National Report to Parliament on Indigenous Education and
Training, 2007
-
National Report to Parliament on Indigenous Education and
Training, 2008
Statutory authorities/bodies
-
Safe Work Australia – Report for 2010–11
-
Australian Building and Construction Commissioner – Report for
2010–11
-
Fair Work Australia – Report for 2010–11
-
Fair Work Ombudsman – Report for 2010–11
-
Seafarers Safety, Rehabilitation and Compensation Authority –
Report for 2010–11
-
Skills Australia – Report for 2010–11
Commonwealth authorities (under the
CAC Act)
-
Australian National University – Report for 2010
-
Comcare – Report for 2010–11
Commonwealth companies under the CAC Act
-
Australian Institute for Teaching and School Leadership Limited –
Report for 2010–11
-
Australian Learning and Teaching Council Limited – Report for
2010–11
1.5
The Australian Learning and Teaching Council presented its final report.
Its functions have been transferred to the Department of Education, Employment
and Workplace Relations.
1.6
The tabling dates of these reports are listed at Appendix 2. Details of
all annual reports referred to the committee are set out at Appendix 1.
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 documents were
referred to the committee but not examined:
-
Schools Assistance Act 2008. Report on financial
assistance granted to each state in respect of 2009
-
Report to the Commonwealth, made under Section 24 of the Air
Passenger Ticket Levy (Collection) Act 2001, for the period 1 April 2010 to
31 March 2011
-
Report to the Commonwealth, made under Section 138 of the Schools
Assistance (Learning Together – Achievement Through Choice and Opportunity) Act
2004, for the 2009 funding year
-
International Labour Organisation, Submission report on ILO
instrument HIV and AIDS recommendation, 2010 (no. 200)
-
Report to the Commonwealth, made under Section 4 of the Social
Security and Other Legislation Amendment (Income Support for Students) Act 2010
– Review of student income support reforms, dated July 2011.
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 making this assessment, the committee considers whether the
reports comply with the relevant requirements for the preparation of annual
reports of departments and authorities.
1.9
The requirements are set down in the following instruments:
-
for portfolio departments: the Public Service Act 1999, sections
63(2) and 70(2), and the Requirements for Departmental Annual Report, for
Departments, Executive Agencies and FMA Act Bodies, Department of Prime
Minister and Cabinet, revised June 2008;
-
for Commonwealth authorities and companies: the Commonwealth
Authorities and Companies Act 1997, in particular sections 9, 36 and 48;
and
-
for non-statutory bodies: the guidelines are contained in the
Government response to the Senate Standing Committee on Finance and Public
Administration Report on Non-Statutory bodies, Senate Hansard, 8
December 1987, pp 2643–45.
Timeliness in tabling annual reports
1.10
Standing Order 25(20)(c) requires the committee to report to the Senate
on the late presentation of annual reports.
1.11
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.[2]
Those agencies reporting under the Commonwealth Authorities and Companies
Act 1997 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. Where the
financial year ends on 30 June, this deadline translates to 15 October.[3]
1.12
The committee recognises that some agencies are required to comply with
other timeframes stipulated in their enabling legislation, such as 'as soon as
practicable after 30 June'. Nonetheless, the committee reminds all agencies
that the government considers it best practice for annual reports to be tabled by
31 October each year.
1.13
The committee has found, under the terms of standing order 25(20), that
all but two of the reports described here are apparently satisfactory. In
making this assessment, the committee considers aspects such as the timeliness
of presentation and compliance with relevant reporting requirements. The
committee notes that the National Report to Parliament on Indigenous Education
and Training 2007 and the National Report to Parliament on Indigenous Education
and Training 2008 were not submitted in a timely manner.
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