Preface
Terms of reference
On 13 February 2008, a resolution of the Senate allocated
the following portfolios to the Senate Standing Committee on Legal and
Constitutional Affairs:
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:
-
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 the 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; and
-
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(20)(f) requires that 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.[1] If a department is unable to meet this
deadline, the secretary is to advise the responsible Minister of the reasons
for the delay and the expected tabling date. The responsible Minister is to
table this explanation in the Parliament on the next available sitting day.[2]
Orders made by the Minister under section 48 of the Commonwealth
Authorities and Companies Act 1997 set out guidelines for the annual
reports of statutory bodies.
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(20)(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(20)(c), the committee must also report
to the Senate on any lateness in the presentation of annual reports. The Public
Service Act 1999 requires that reports be prepared in accordance with
guidelines approved on behalf of the Parliament by the Joint Committee of
Public Accounts and Audit. These guidelines state:
A copy of the annual report is to be presented to each House
of the Parliament on or before 31 October in the year in which the report is
given.[4]
A table listing the annual reports tabled (or presented to the
President out of session) between 1 November 2008 and 30 April 2009 and which have
been referred to the committee for examination in this report can be found at
Appendix 1.
As noted in its first report for 2009, the committee was
concerned by the number of agencies that were required to table reports by 31
October 2008 and failed to do so. The committee considers the timely tabling of
annual reports an important element of accountability. Agencies are reminded
that 'it remains the Government's policy that all annual reports should be
tabled by 31 October'.[5]
Conclusion
The committee examined all of the annual reports submitted between
1 November 2008 and 30 April 2009 and found them to be of a satisfactory
standard, adequately describing the functions, activities and financial
positions of the department or agency. The committee therefore finds all
submitted annual reports to be 'apparently satisfactory'.
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