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Senate Legislative and General Purpose Standing Committees Consolidated reports on the examination of annual reports No. 2 of 2012


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Australian Senate

Senate Legislation Committees

Reports on the examination of annual reports No. 2 of 2012

September 2012

Australian Senate

Senate Legislation Committees

Reports on the examination of annual reports No. 2 of 2012

September 2012

© Parliament of the Commonwealth of Australia 2012

ISSN 1834-4054

This document was printed by the Printing Unit, Department of the Senate, Parliament House, Canberra.

TABLE OF CONTENTS

Community Affairs Committee

Annual reports (No. 2 of 2012), dated September 2012..............................1

Economics Committee

Annual reports (No. 2 of 2012), dated September 2012 ........................... 43

Education, Employment and Workplace Relations Committee

Annual reports (No. 2 of 2012), dated September 2012 ........................... 91

Environment and Communications Committee

Annual reports (No. 2 of 2012), dated September 2012 ......................... 113

Finance and Public Administration Committee

Annual reports (No. 2 of 2012), dated September 2012 ......................... 129

Foreign Affairs, Defence and Trade Committee

Annual reports (No. 2 of 2012), dated September 2012 ......................... 147

Legal and Constitutional Affairs Committee

Annual reports (No. 2 of 2012), dated September 2012 ......................... 169

Rural and Regional Affairs and Transport Committee

Annual reports (No. 2 of 2012), dated September 2012 ......................... 205

The Senate

Community Affairs

Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

1

© Commonwealth of Australia 2012

ISBN 978-1-74229-679-1

This document was produced by the Senate Community Affairs Committee Secretariat and printed by the Senate Printing Unit, Parliament House, Canberra

Members

Membership of the Committee

Senator Claire Moore, Chair

Senator Rachel Siewert, Deputy Chair

Senator Judith Adams (to 23 March 2012)

Senator Carol Brown

Senator Mark Fumer

Senator Bridget McKenzie

Senator Dean Smith (from 9 May 2012)

ALP, Queensland

AG, Western Australia

LP, Western Australia

ALP, Tasmania

ALP, Queensland

Nationals, Victoria

LP, Western Australia

Substitute member

Senator Sue Boyce LP, Queensland

For Senator Judith Adams (from 7 February to 30 March 2012)

Secretariat Dr Ian Holland Mr Patrick Hodder Ms Lauren Camevale

Committee Secretary Research Officer Administrative Officer

Suite SI.59 Telephone: (02) 6277 3515

Parliament House Fax: (02) 6277 5829

CANBERRA ACT 2600 Email: community.affairs.sen@aph.gov.au

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Table of Contents

Membership of the Committee ................................................................................ iii

Chapter 1..........................................................................................................................1

Overview........................................................................................................................1

Terms of Reference................................................................................................... 1

Purpose of annual reports..........................................................................................2

Annual reporting requirements.................................................................................2

Apparently satisfactory..............................................................................................3

Timeliness of reports.................................................................................................4

Publishing Standards for the Presentation of Documents to the Parliament .......... 7

Compliance Index......................................................................................................7

Letter of Transmittal..................................................................................................8

New reporting requirements for 2011-12................................................................8

Awards........................................................................................................................9

Comments made in the Senate................................................................................10

Bodies not presenting annual reports to the Senate................................................11

Additional Reports................................................................................................... 11

Chapter 2........................................................................................................................15

Annual reports of Commonwealth Authorities under the CAC Act..................15

Health and Ageing Portfolio....................................................................................15

Families, Housing, Community Services and Indigenous Affairs Portfolio ...... 17

Annual reports of Commonwealth Companies under the CAC Act ................. 21

Families, Housing, Community Services and Indigenous Affairs Portfolio ...... 21

Annual reports of Statutory Agencies....................................................................22

Non-statutory advisory panel...................................................................................23

Health and Ageing Portfolio ................................................................................... 23

Appendix 1....................................................................................................................25

List of departments, agencies and bodies required to present annual reports to the Senate.....................................................................................................................25

Families, Housing, Community Services and Indigenous Affairs portfolio ...... 25

Health and Ageing portfolio ................................................................................... 30

Human Services portfolio........................................................................................35

Annual reports from non-Portfolio Agencies.........................................................36

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Chapter 1

Overview

1.1 This is the second Senate Community Affairs Legislation Committee (the committee) report on annual reports for 2012. It provides an overview of the committee's examination of annual reports for the 2010-11 financial year tabled between 1 November 2011 and 30 April 2012.1

Terms of Reference

1.2 On 29 September 2010,1 2 a resolution of the Senate allocated the following three portfolios to this committee:

" Health and Ageing

" Families, Housing, Community Services and Indigenous Affairs; and

" Human Services.

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 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;

1 The Northern Land Council annual report was tabled outside this timeframe. Please see section 1.23 of this report for further details.

2 Journals of the Senate, No. 2, 29 September 2010, pp. 88 *89.

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(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; 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.

Purpose of annual reports

1.4 The primary purpose of annual reports is accountability, in particular to the Parliament.3 The tabling of annual reports places a great deal of information about government departments and agencies on the public record and assists in the effective examination of the performance of departments and agencies and the administration of

government grants.

Annual reporting requirements

1.5 Senate Standing Order 25(20) 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.

1.6 Pursuant to subsections 63(2) and 70(2) of the Public Service Act 1999, departments of state and executive agencies must prepare annual reports in accordance with the Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies.4

1.7 Amendments to the Requirements for Annual Reports applicable for the 2010-11 reporting period are:

" Commonwealth Disability Strategy - the requirement to report on the implementation of the Commonwealth Disability Strategy in annual reports has been discontinued.

" Social inclusion reporting - accommodating social inclusion

measurement and reporting strategies.

3 Department of the Prime Minister and Cabinet 2011, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies , updated July 2011, approved by the Joint Committee of Public Accounts and Audit on 8 July 2011, p. 3, http://www.dpmc.gov.au/guidelines/index.cfm (accessed 6 August 2012).

4 Department of the Prime Minister and Cabinet 2011, Requirements for Annual Reports , p. 1, ss. 3(1).

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" Freedom of Information - accommodating recent major reforms to Freedom of Information legislation. '

1.8 Under section 48 of the Commonwealth Authorities and Companies Act 1997 (the CAC Act), the Minister for Finance and Deregulation outlines the annual reporting requirements for Commonwealth authorities and companies in the Commonwealth Authorities and Companies (Report of Operations) Orders. Section 9 of the CAC Act applies to Commonwealth authorities and specifies the deadline for the presentation of an annual report to the responsible Minister. Section 36 of the CAC Act outlines the reporting obligations of Commonwealth companies.

1.9 Statutory authorities must report in accordance with their establishing legislation.

1.10 Requirements 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 1987.5 6

1.11 The committee notes that some of the bodies that are required to produce annual reports to the Senate fall outside the categories listed above. In these cases, examination of the annual report is based on general content and information rather than compliance with legislation and guidelines.

Apparently satisfactory

1.12 Standing order 25(20)(a) requires the committee to report to the Senate on whether annual reports are 'apparently satisfactory'. In making this assessment, the committee considers such aspects as timeliness of presentation and compliance with relevant reporting requirements.

General comments

1.13 In its Report on Annual Reports (No. 1) 2012, the committee considered twenty-one annual reports received during the period of 1 May 2011 to 31 October 2011. This second report considers a further twenty-one annual reports received after 31 October 2011. Fourteen annual reports have been examined to determine whether or not their contents satisfy the detailed legislative requirements as set out in the CAC Act. Two annual reports have been checked to ascertain whether or not their contents satisfy the mandatory criteria for inclusion as set out in the FMA Act. Two statutory office holders, one statutory body, and one statutory agency were assessed. One

5 Department of the Prime Minister and Cabinet 2011, Requirements for Annual Reports, p. i.

6 Senate Hansard, 8 December 1987, pp. 2643 *45.

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annual report was produced and referred to the committee without legislative requirement.

1.14 A list of the annual reports of departments, agencies and other bodies tabled in the Senate (or presented out of session to the President of the Senate), and referred to the committee for examination, can be found at Appendix 1. The table shows the legislation under which reports are required to be provided, tabling information, and the reporting period during which the report was provided.

1.15 The committee is pleased to note that generally the annual reports examined adhere to the relevant reporting guidelines in a satisfactory manner. The reports continue to maintain high standards of presentation and provide a comprehensive range of information on their functions and activities. However, some specific

comments about timeliness and adherence to reporting requirements are given below.

Timeliness of reports

1.16 Under Standing Order 25(20)(c), the committee must also report to the Senate on any lateness in the presentation of annual reports. The Requirements for Annual Reports state that:

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.

Where an agency's own legislation provides a timeframe for its annual report, for example 'within six months' or 'as soon as practicable after 30 June in each year', that timeframe applies.7

1.17 If a department or agency is unable to meet this deadline, the secretary or agency head 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.8

1.18 Subsection 9(1) of the CAC Act requires the director of a Commonwealth authority to:

(a) prepare an annual report in accordance with Schedule 1 for each

financial year; and

(b) give it to the responsible Minister by the deadline for the financial year for presentation to the Parliament.

7 Department of the Prime Minister and Cabinet 2011, Requirements for Annual Reports, part 1, s. 4. 8 Department of the Prime Minister and Cabinet 2012, Guidelines for the Presentation of Government Documents to the Parliament, p. 5, http://www.dpmc.gov.au/guidelines/index.cfm

(accessed 6 August 2012).

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(2) The deadlines is:

(a) the 15th day of the 4th month after the end of the financial year; or

(b) the end of such further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.

1.19 Under section 36 of the CAC Act:

(1) A Commonwealth company must give the responsible Minister:

(a) a copy of the company's financial report, directors' report and auditor's report that the company is required by the Corporations Act 2001 to have for the financial year (or would be required by that Act to have if the company were a public company); and

(b) any additional report under subsection (2); and

(c) in the case of a wholly-owned Commonwealth company * any

additional information or report required by the Finance Minister's Orders.

(1A) The Commonwealth company must give the reports and information by:

(a) if the company is required by the Corporations Act 2001 to hold an

annual general meeting *the earlier of the following:

(i) 21 days before the next annual general meeting after the end of the financial year;

(ii) 4 months after the end of the financial year; and

(b) In any other case * 4 months after the end of the financial year; or the end of such further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.

1.20 In the absence of any specific provision, subsection 34C(2) of the Acts Interpretation Act 1901 requires bodies to present annual reports to ministers within 6 months after the end of the period reported upon, and ministers must table reports within 15 sitting days after receipt.

1.21 The majority of the amiual reports referred to this committee were tabled within the specified period or shortly thereafter. The committee acknowledges that the Anindilyakwa Land Council, the Northern Land Council, and the Wreck Bay Aboriginal Community Council all provided notification that their reports would be delayed.

Anindilyakwa Land Council

1.22 Anindilyakwa Land Council wrote to the Minister for Families, Housing, Community Services and Indigenous Affairs on 25 November 2011 seeking a further extension to the annual report deadline under section 34C(4) of the Acts Interpretation Act 1901. The Minister had originally granted an extension until 28 November and

this was extended to 19 December 2011. The Clerk tabled a statement pursuant to subsection 34(7) relating to the delay in the presentation of the Anindilyakwa Land

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Council's annual report 2010-11.9 The annual report for the Anindilyakwa Land Council was transmitted to the Minister on 19 December 2011, received on 1 February 2012, and tabled in the Senate on 13 March 2012.

Northern Land Council

1.23 In its Report on Annual Reports (No. 1) 2012, the committee noted that the Northern Land Council sought an extension until 11 November 2011 to submit its annual report, and that the extension was granted. However, the Northern Land Council's annual report had not been tabled when the committee's Report on Annual Reports (No. 1) 2012 was published in March 2012.

1.24 The Northern Land Council wrote to the Minister for Families, Housing, Community Services and Indigenous Affairs on 16 March 2012 under section 34C (4) of the Acts Interpretation Act 1901 requesting an extension until 4 April 2012 to table its annual report. The Minister wrote to the Northern Land Council granting the request. The committee wrote to the Northern Land Council on 4 April 2012 requesting advice as to why the Council had been unable to meet its extended deadline

for the 2010-11 reporting period. The Northern Land Council replied on 11 April 2012 explaining the outstanding matters that needed to be resolved prior to submission of the annual report. The Northern Land Council annual report was provided to the President of the Senate out of session on 29 March 2012 and was

tabled in the Senate on 10 May 2012.10 11 The Clerk tabled a statement pursuant to subsection 34C(7) of the Acts Interpretation Act relating to the delay in the presentation of the Northern Land Council's annual report 2010-11.11

Wreck Bay Aboriginal Community Council

1.25 The Wreck Bay Aboriginal Community Council (WBACC) wrote to the Minister for Families, Housing, Community Services and Indigenous Affairs on 21 September 2011 requesting an extension until 15 November 2011. The Minister granted the extension. The annual report for the WBACC was transmitted to the Minister on 13 December 2011, received on 13 February 2012, and tabled in the

Senate on 13 March 2012. The Clerk tabled a statement pursuant to subsection 34(6) relating to the delay in the presentation of the WBACC annual report 2010-11.12

Equal Opportunity for Women in the Workplace Agency

1.26 The committee notes that Part III, Subsection 12(1) of the Equal Opportunity for Women in the Workplace Act 1999, requires the Equal Opportunity for Women in the Workplace Agency (EOWA), as soon as practicable, and in any event within 6

9 Journals of the Senate, 2012, No. 73 *7 February, p. 2010.

10 Journals of the Senate, 2011, No. 90-10 May, p. 2447.

11 Journals of the Senate, 2011, No. 90-10 May, p. 2453.

12 Journals of the Senate, 2012, No. 73-7 February, p. 2010.

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months after each 31 May, to submit to the Minister a report on its operations. The committee notes that EOWA's annual report 2010-11 was not transmitted until 23 January 2012 and did not therefore comply with this requirement.

Publishing Standards for the Presentation of Documents to the Parliament

1.27 The Department of Prime Minister and Cabinet has produced Guidelines for the Presentation of Documents to the Parliament. 13 Section 4 covers the Presentation of Government documents (including Department and agency annual reports) to Parliament. Section 4.1, Printing and publishing standards for documents, states that:

Documents to be included in the Parliamentary Papers Series must be printed on International B5 size paper.

The committee requests that General Practice Education and Training Limited, Health Workforce Australia, and the Northern Land Council comply with these guidelines in future annual report publications.

Compliance Index

1.28 The committee reminds EOWA that in its Report on Annual Reports (No. 1) 2011,14 the committee noted that the EOWA annual report 2009-10 did not contain a compliance index, as set out in the Requirements for Annual Reports.13 14 15 16 The committee again requests that EOWA comply with the requirement to include a compliance index in its future annual reports.

1.29 The committee notes that while many CAC Act authorities and companies have included a compliance index in their annual reports, some have not.

1.30 The committee notes that as part of the new reporting requirements for Commonwealth Authorities (Annual Reporting) Orders 201 7,16 Anindilyakwa Land Council, Indigenous Land Corporation, the Northern Land Council, and the Tiwi Land Council will in future be required to include a compliance index in their annual reports. The committee asks all Commonwealth authorities that report to the Community Affairs committee familiarise themselves with these Orders.

13 Department of the Prime Minister and Cabinet 2012, Guidelines for the Presentation of Documents to the Parliament, p. 4, http://www.dpmc.gov.au/guidelines/index.cfm (accessed 6 August 2012).

14 Community Affairs Legislation Committee 2011, Annual Reports (No. 1 of 2011), p. 16, s. 3.18.

15 Department of the Prime Minister and Cabinet 2011, Requirements for Annual Reports, Attachment F - List of Requirements.

16 Department of Finance and Deregulation 2011, Commonwealth Authorities (Annual Reporting) Orders 2011, s. 21, http://www.comlaw.gov.au/Details/F2011L02064 (accessed 14 August 2012).

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1.31 The committee also notes that as part of the new reporting requirements for Commonwealth Companies (Annual Reporting) Orders 2011,]1 Aboriginal Hostels Limited, Outback Stores, the Aged Care Standards and Accreditation Agency Limited, and General Practice Education and Training Limited will be required to include a compliance index in their annual reports. The committee asks all Commonwealth companies that report to the Community Affairs committee to familiarise themselves with these Orders.

1.32 The committee was particularly impressed with the compliance index included in the annual report of the Social Security Appeals Tribunal (SSAT).17 18 The committee considers the compliance index in the SSAT annual report to be an example of best practice because it is displayed clearly and is laid out sequentially in the same format and order as the Requirements for Annual Reports prescribed by the Department of the Prime Minister and Cabinet. The committee notes however that the absence of a compliance index is not necessarily any indication of the quality of the information in the report itself.

Letter of Transmittal

1.33 The committee reminds all CAC Act bodies that the Letter of Transmittal to the Minister needs a statement that the report is made in accordance with a resolution by directors, and a statement that directors are responsible under section 9 of the CAC Act. Most bodies complied with these requirements, but a few did not.

New reporting requirements for 2011-12

FMA Act bodies

1.34 The committee notes that the Joint Committee of Public Accounts and Audit has approved changes to the Requirements for Annual Reports for the 2011-12 reporting period.19 All affected entities should familiarise themselves with the updated requirements.

17 Department of Finance and Deregulation 2011, Commonwealth Companies (Annual Reporting) Orders 2011, sec. 18, http://www.comlaw.gov.au/Details/F2011L02060 (accessed 14 August 2012).

18 Social Security Appeals Tribunal 2011, Annual Report 2010-11, pp. 51-53, http://www.ssat.gov.au/media/10489/ssat_annuaLreport_2010-l 1.pdf (accessed 23 August 2012).

19 Department of the Prime Minister and Cabinet 2012, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, updated June 2012, approved by the Joint Committee of Public Accounts and Audit on 28 June 2012, http://www.dpmc.gov.au/guidelines/index.cfm (accessed 6 August 2012).

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Awards

Australasian Reporting Awards

1.35 The committee congratulates the Northern Land Council for its third consecutive Gold Award at the Australasian Reporting Awards. To receive a Gold Award a report must:

" Achieve overall excellence in annual reporting.

" Provide high-quality coverage of most aspects of the ARA Criteria.

" Provide full disclosure of key aspects of its core business.

" Address current legislative and regulatory requirements.

" Be a model for other peer reports.

1.36 The committee notes elsewhere in this report, however, that the Northern Land Council's report has not always been timely and has raised compliance questions for the committee.

1.37 The committee also congratulates Aboriginal Hostels Limited, Australian Hearing, and the Department of Health and Ageing for receiving Gold Awards at the Australasian Reporting Awards.

1.38 The committee congratulates Indigenous Business Australia, and the Department of Families, Housing, Community Services and Indigenous Affairs for receiving Silver Awards at the Australasian Reporting Awards.

Institute of Public Administration Australia (IPAA) ACT Division Annual Report Awards

1.39 The committee congratulates Indigenous Business Australia for its Silver Award in the CAC Bodies division of the Institute of Public Administration Australia (IPAA) ACT Division Annual Report Awards. The IPAA noted that:

Indigenous Business Australia (IBA) has put considerable effort into the content and presentation of their Annual Report. Particular consideration has been given to the impact of the presentation of the material on the

reader - all to very good effect.

The highlights page of this report imaginatively sets out key achievements and attracts the attention of readers instantly.

Program achievements were clearly explained in more detail later in the Report.

The uses of striking thematic graphics are effective and convey concepts easily.

The report highlights good collaboration with other organisations and engagement with clients and stakeholders. As with all better practice organisations, IBA provides readers with an opportunity to provide feedback on the report.

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In summary, this annual report contained a number of eye catching features and was a pleasure to read.

1.40 The committee congratulates indigenous Land Corporation for its Bronze Award in the CAC Bodies division of the Institute of Public Administration (IPAA) ACT Division Annual Report Awards. The IPAA noted that:

This well balanced report contains a good flow of information, case studies and the selective use of photographs.

The report is easy to read and understand. The overall appearance of the report is attractive and would provide readers with an incentive to continue reading through the Report.

The Corporation demonstrated engagement with communities and other stakeholders.

Presentation of the quantitative results for Ecologically Sustainable Development performance indicators is particularly commendable.

Overall, this annual report is attractively presented, very well balanced and describes the Corporation *s activities in a clear and easily understandable way.

1.41 The committee congratulates the Australian Institute of Health and Welfare for its Bronze Award in the CAC Bodies On-Line division of the Institute of Public Administration Australia (IPAA) ACT Division Annual Report Awards and its Silver Award at the Australasian Reporting Awards. The IPAA noted that:

This on-line annual report is well-presented report in both pdf and HTML, and was easy to find on the website.

Colours, add-ins and graphics display well in both versions.

The use of snap shots by way of examples adds to the usefulness of the

report.

The viewer can readily detennine their location within the annual report at any stage during their perusal of the report.

Some notes in the financial statements were hyperlinked but this feature did not appear to be comprehensive.

Overall, this is a very competent and well-presented on-line annual report and it is hoped that the Australian Institute of Health and Welfare persist with the process of continuous improvement over the coming years.

Comments made in the Senate

1.42 The committee is obliged, under Senate Standing Order 25(20)(d), to take into account any relevant remarks made about these reports in the Senate. On 22 March 2012 Senator Heffeman noted that the annual report of the Torres Strait Regional

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Authority (TSRA) 'is a good example of how they cooperate with each other and it outlines what they have achieved for their people'.20

Bodies not presenting annual reports to the Senate

1.43 In accordance with Standing order 25(2 l)(h), the committee is required to report to the Senate on whether there are any bodies which do not present annual reports to the Senate and which should present such reports.

1.44 The committee notes that the National E-Health Transition Authority (NEHTA) has been invited to several estimates hearings and has received a significant number of questions on notice arising from those hearings, including questions around the issues of funding, expenditure and governance. The committee notes that NEHTA is not required to present an annual report to Parliament.21

1.45 Given NEHTA's significant public funding and responsibilities that go to Commonwealth policy and funding, the committee asks the government to consider whether, as a principal shareholder in NEHTA, it should make arrangements for the report to be presented to Parliament.

Recommendation 1

1.46 The committee recommends that the Commonwealth government review whether an annual report of NEHTA should be presented to Parliament.

Additional Reports

1.47 In addition to the reports listed in Appendix 1, the following reports were also referred to and received by the committee between the period of 1 November 2010 and 30 April 2011. The committee notes that these reports are referred to it for their information only and the committee is not required by the terms of the Standing Order to report on these:

" Australian Competition and Consumer Commission 2012 * Report to the Australian Senate on anti-competitive and other practices by health funds and providers in relation to private health insurance for the period 1 July 2010 to 30 June 2011 (tabled in the Senate 18/06/2012)

" Australian Government Department of Finance and Deregulation 2011 * Consolidated Financial Statements for the Year ended June 2011 (tabled in the Senate 07/02/2011)

20 Senate Hansard, 22 March 2012, p. 2665.

21 Department of Finance and Deregulation 2009, List of Australian Government Bodies and Governance Relationships, Financial Management Reference No. 1, 3rd edition, p. 425.

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" Australian Government Department of Finance and Deregulation 2011 * Mid-Year Economic and Fiscal Outlook 2011-12 (tabled in the Senate 07/02/2011)

" Australian Government Department of Finance and Deregulation 2011 * Issues from the Advances under the Annual Appropriation Acts * Annual Report 2010-11 (tabled in the Senate 07/02/2011)

" Australian Government Department of Health and Ageing 2011 *- Report on the Operation of the Aged Care Act 1997 2010-11 (tabled in the Senate 07/02/2011)

" Australian Government Department of Health and Ageing 2012 * Report on the Second Review of the Dental Benefits Act 2008 (tabled in the Senate 20/03/2012)

" Australian Government Department of Health and Ageing 2012 * Report to Parliament on the meeting of the Pharmaceutical Industry Discussion Group (PIDG) to identify and examine potential unintended consequences of the 2010-11 Budget Measure Further Pharmaceutical Benefits Scheme (PBS) Pricing Reform (tabled in the Senate

13/03/2012)

%† Australian Government Department of Health and Ageing 2012 * Tobacco Advertising Prohibition Act 1992, Report for 2011 pursuant to section 34A of the Act (tabled in the Senate 19/06/2012)

" Australian Government Department of Health and Ageing 2012 * Australian Government Actuary * Seventh report on the costs of the Australian Government's run-off cover scheme for medical indemnity insurers * 2010-11 * Section 34ZW of the Medical Indemnity Act 2002 (tabled in the Senate 14/08/2012)

" Australian Government Department of Health and Ageing 2012 * Australian Government Actuary * First report on the costs of the Australian Government's run-off cover scheme for midwife professional indemnity insurers * 2010-11 *- Section 48 of the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

(tabled in the Senate 14/08/2012)

" Australian Health Practitioner Regulation Agency (AHPRA) * Annual Report 2010-11 (tabled in the Senate 14/11/2011)

" Australian Institute of Health and Welfare 2012 Australia's Welfare 2011 * Tenth Biennial Health Report (tabled in the Senate 07/02/2012)

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" Australian Institute of Health and Welfare 2012 * Australia's Health 2012 * Thirteenth Biennial Health Report (tabled in the Senate 26/06/2012)

" Australian Radiation Protection and Nuclear Safety Agency * quarterly report for period 1 October 2011 to 31 December 2011 (tabled in the Senate 28/02/2012)

" Australian Radiation and Nuclear Safety Agency * Quarterly report for the period 1 January to 31 March 2012 (tabled in the Senate 19/06/2012)

" Australian Radiation and Nuclear Safety Agency * Quarterly report for the period 1 April to 30 June 2012 (tabled in the Senate 21/08/2012)

" Centrelink and the Data-Matching Agency 2011 * Data-matching Program * Report on Progress 2007-10 (tabled in the Senate 05/07/2011)

" Medical Training Review Panel 2012 * Fifteenth Report (tabled in the Senate 10/05/2012)

" National Health and Medical Research Council (NHMRC) 2012 - NHMRC Embryo Research Licensing Committee * report on the operation of the Research Involving Human Embryos Act 2002 for period 1 September 2010 to 28 February 2011 (tabled in the Senate 22/06/2011)

" National Health and Medical Research Council (NHMRC) 2012 * NHMRC Embryo Research Licensing Committee * report on the operation of the Research Involving Human Embryos Act 2002 for period 1 March to 31 August 2011 (tabled in the Senate 07/02/2012)

" National Health and Medical Research Council (NHMRC) 2012 * NHMRC Embryo Research Licensing Committee * report on the operation of the Research Involving Human Embryos Act 2002 for period 1 September to 29 February 2012 (tabled in the Senate

26/06/2012)

" National Health and Medical Research Council (NHMRC) 2012 * Implementing the 2010-12 NHMRC Strategic Plan * Section 63 of the National Health and Medical Research Council Act 1992 (tabled in the Senate 21/08/2012)

%† Office of the Gene Technology Regulator * Quarterly report for 1 April to 30 June 2011 (tabled in the Senate 21/11/2011)

" Office of the Gene Technology Regulator * Quarterly report for 1 July to 30 September 2011 (tabled in the Senate 07/02/2011)

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" Office of the Gene Technology Regulator * Quarterly report for 1 October to 31 December 2011 (tabled in the Senate 09/05/2012)

" Office of the Gene Technology Regulator * Quarterly report for 1 January to 31 March 2012 (tabled in the Senate 14/08/2012)

" Private Health Insurance Administration Council 2011 * Report on the Operations of Private Health Insurers 2010-11 (tabled in the Senate 07/02/2011)

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Chapter 2

Annual reports of Commonwealth Authorities under the CAC Act

2.1 This chapter reviews and provides selected comments on portfolio annual reports.

Health and Ageing Portfolio

Australian Institute of Health and Welfare

2.2 The Australian Institute of Health and Welfare (AIHW) was established as a Commonwealth statutory authority in 1987 'to collect, analyse and disseminate health- and welfare-related information and statistics'.1

2.3 During the reporting period, The Hon. Andrew Refshauge replaced the Hon. Peter Collins AM, QC as Board Chair and Mr David Kalisch replaced Dr Penny Allbon as Director.

2.4 The committee finds the AIHW annual report to be particularly well laid out and easy to navigate. The annual report includes a thorough compliance index that specifies compliance with the information requirements in the Commonwealth Authorities and Companies Act 1997 and in particular Part 2 of Schedule 1 of the

Commonwealth Authorities and Companies (Report of Operations) Orders 2008.

2.5 The committee notes that the annual report was clearly readable against the Portfolio Budget Statements 2010-11* 2 and congratulates the AIHW for meeting all of its deliverables and key performance indicators within the specified timeframes.3

2.6 The annual report notes that AIHW worked closely with the Council of Australian Governments (COAG) under the National Healthcare Agreement to measure and monitor the performance indicators used by COAG to develop and implement its policy reform agenda. This activity was funded by a significant increase

in appropriation funding in 2009-10.4 Appropriation funding grew from $20.7 million in 2009-10 to $21.4 million in 2010-11 and is expected to decrease by approximately $4 million in 2011-12 as the CO AG-funded data development component is completed. Income from externally funded projects totalled $31.4 million for 20*ô*ü≠

*ô Australian Institute of Health and Welfare 2011, Annual Report 2010-11, p. xiii.

2 Department of Health and Ageing 2010, Portfolio Budget Statements 2010-11, pp. 436 *455.

3 Australian Institute of Health and Welfare 2011 , Annual Report 2010-11, pp. 2-3.

4 Australian Institute of Health and Welfare 2011, Annual Report 2010-11, p. 21, fig. 4.

16

11.3 The majority of this external income came from projects undertaken for the Department of Health and Ageing (DoHA) and the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA).

2.7 The AIHW performed its functions within budget with total expenditure for 2010-11 being $53.8 million5 6 as against estimated expenditure of $56.4 million.7

2.8 The annual report points to several new products developed by the AIHW in 2010-11 including:

" the MyHospitals website in 2010 in consultation with the states and territories.

" the AIHW Indigenous web observatory and The health and welfare of Australia *s Aboriginal and Torres Strait Islander people, an overview 2011.

" What works to overcome Indigenous disadvantage: key learnings and gaps in evidence, 2009-10, an evaluation report of the Closing the Gap program.

" The health of Australia's males, including a companion report summary and an accompanying online dashboard.

" The Specialist Homelessness Services data collection developed under the National Affordable Housing Agreement.

" A national pilot test of the draft Mental Health Interventions

Classification.

2.9 The committee commends the AIHW on the greater emphasis that AIHW has placed on 'getting the message out' such as the Briefs that accompany some of its major reports with key information presented in graph format.8

2.10 The annual report notes that the AIHW has collaborated with the National E- Health Transition Authority (NEHTA) 'to assess the implications of the development of e-health for statistical collections in the future'.9 However, there is no comment about the status of this collaboration and no comment on the outcomes or potential outcomes of any analysis that has been undertaken. The committee looks forward to

information on the outcome of this analysis in the 2011-12 annual report.

5 Australian Institute of Health and Welfare 2011, Annual Report 2010-11, p. 211.

6 Australian Institute of Health and Welfare 2011, Annual Report 2010-11, p. 211.

7 Department of Health and Ageing 2010, Portfolio Budget Statements 2010-11, p. 437, table 1.2.1.

8 Australian Institute of Health and Welfare 2011, Annual Report 2010-11, p. 135,

9 Australian Institute of Health and Welfare 2011, Annual Report 2010-11, p. 11.

22

17

Food Standards Australia New Zealand

2.11 Food Standards Australia New Zealand (FSANZ) was established as a Commonwealth statutory authority under the Food Standards Australia New Zealand Act 1991 to protect public health and safety, provide adequate information to consumers, and prevent misleading or deceptive conduct.10 11

2.12 The annual report notes that FSANZ remained within budget with operating revenue of $22.43 million and operating expenses of $22.38 million.11 These figures compared favourably with the estimated budget expenses of $22.19 million.12 13

2.13 The committee notes that the annual report was readable against the Portfolio Budget Statements 2010-1 7.13 The committee congratulates FSANZ for exceeding targets in some categories such as citizen and stakeholder engagement.

2.14 The committee notes that the finalisation of 'primary production and processing standards for meat and meat products, and seed sprouts' were forecast in the Portfolio Budget Statements .l4 15 The committee commends FSANZ on a thorough review of regulatory standards and activities during the year that details the issues that have caused a delay in finalising primary production and processing standards for meat and meat products. FSANZ also provides an update of the next stage of the process in developing draft standards,1'1 and the committee looks forward to learning about the progress made in 2011-12.

2.15 The committee suggests that in future annual reports in the section on Priorities and Performance, FSANZ might consider including a brief reference to an issue such as the delay in finalising primary production and processing standards for meat and meat products. This would enhance efforts to make the performance aspects of the annual report explicitly readable against the Portfolio Budget Statements.

Families, Housing, Community Services and Indigenous Affairs Portfolio

The Land Councils

2.16 The committee particularly commends the four Northern Territory land councils for moving to harmonise their outcomes structure and adopting a consistent approach to measuring and reporting on performance. The six outputs common to the Anindilyakwa, Central, Northern and Tiwi Land Councils are:

10 Food Standards Australia New Zealand 2011, Annual Report 2010-11, p. 9.

11 Food Standards Australia New Zealand 2011, Annual Report 2010-11, p. 15

12 Department of Health and Ageing 2010, Portfolio Budget Statements 2010-11, p. 627, table 1.2.1.

13 Department of Health and Ageing 2010, Portfolio Budget Statements 2010-11, pp. 436^455.

14 Department of Health and Ageing 2010, Portfolio Budget Statements 2010-11, p. 631.

15 Food Standards Australia New Zealand 2011, Annual Report 2010-11, pp. 40 *41.

23

18

" Land, sea and natural resource management support services

" Land claims and acquisitions support services

" Economic development and commercial services

´ Advocacy services

" Administration services

" Native title

Anindilyakwa Land Council

2.17 The committee commends the Anindilyakwa Land Council on a well- presented and informative annual report. The committee particularly commends the Anindilyakwa Land Council on the progress made with Township Leasing.

2.18 The committee notes that the report would benefit from a compliance index as well as an index and glossary. Statistics on the total number of staff employed and the basis of their employment would be useful including full-time/part-time, ongoing/non≠

ongoing, and gender.

Central Land Council

2.19 The committee commends the Central Land Council on a comprehensive, well-presented, and very informative annual report that met almost all the reporting requirements. One easily met requirement is to ensure that the letter of transmittal to the Minister states that the report is made in accordance with a resolution by the directors and that the director(s) are responsible under section 9 of the CAC Act.

Northern Land Council

2.20 The committee finds the Northern Land Council annual report to be

beautifully presented, informative, and easy to read.

2.21 The committee particularly commends the Northern Land Council for outlining some of the key challenges that it has faced during the reporting period and expects to face in the future. The committee anticipates learning more about developments regarding the proposed new land council and the determinations of the Hon Howard W. Olney AM QC, Aboriginal Land Commissioner.

2.22 The committee acknowledges the Gold Award received by the Northern Land Council for its annual report, but considers that the report would benefit from the inclusion of a compliance index that would enable the reader to easily identify whether all the requirements for the annual report had been met. It was not clear whether compliance items such as judicial decisions, ministerial directions and general policies, indemnities and insurance premiums, the Environmental Protection and Biodiversity Conservation Act 1999, Freedom of Information, a List of SES staff, and Fraud Control Guidelines were noted in the annual report.

24

19

Tiwi Land Council

2.23 The Tiwi Land Council has produced a concise, coherent, well laid out, and easily understood annual report that covers key issues such as economic development and commercial services, and provides comprehensive coverage of the Tiwi Land Council's response to Commonwealth and Territory legislation. The annual report

touches on many of the main legislative requirements, but could be further improved with attention to issues around staffing.

Indigenous Business Australia

2.24 Indigenous Business Australia (IBA) is a statutory authority under the CAC Act and is enabled by the Aboriginal and Torres Strait Islander Act 2005.

2.25 The IBA annual report was well-presented, coherent, easy to navigate, and made good use of graphs, diagrams, charts and pictures. The committee commends IBA for the inclusion in the annual report of a thorough compliance index that specifies compliance with the requirements of the Commonwealth Authorities and

Companies (Report of Operations) Orders 2008 and the Aboriginal and Torres Strait Islander Act 2005. The committee was also impressed that IBA has demonstrated a commitment to better practice in annual reporting through its compliance with some additional non-mandatory principles from the Requirements for Annual Reports 16 and

the Corporate Governance Principles and Recommendations with 2010 Amendments.17

2.26 The annual report was clearly readable against the Portfolio Budget Statements 2010-11, and the committee notes that IBA performed its functions within budget with total expenditure for 2010-11 being $166.84 million18 as against estimated expenditure of $167.55 million.19

2.27 The committee also notes that IBA returned a surplus of $6.8 million in 20*ô*ü≠ *ô 1 compared to the deficit of $56.5 million in 2009-10. The annual report states that this marked improvement was primarily due to a significant reduction in expenses attributable to the divestment of subsidiaries, interest rate stability that led to a reduction in loan valuation discount expenses, as well as extraordinary losses on

investment divestment activities that had occurred in 2009-10.20

16 Department of the Prime Minister and Cabinet 2011, Requirements for Annual Reports.

17 Australian Securities Exchange Corporate Governance Council 2010, Coiporate Governance Principles and Recommendations with 2010 Amendments, 2nd edition.

18 Indigenous Business Australia 2011, Annual Report 2010-11 , p. 113.

19 Department of Families, Housing, Community Services and Indigenous Affairs, Portfolio Budget Statements 2010-11, p. 216.

20 Indigenous Business Australia 2011, Annual Report 2010-11, p. 106.

25

20

2.28 The committee notes that the IBA Equity and Investment Program exceeded its target for Indigenous employment by creating or supporting 264 jobs for Indigenous Australians, an increase of 19 per cent on 2009-10.21

2.29 The committee also congratulates IBA for exceeding its performance target for its Home Ownership Program (HOP).22 The committee also notes that in contrast to the industry norm, the majority of IBA loans are for housing in non-metropolitan regions.23

2.30 The committee notes that the limited availability of suitable land tenure and administration arrangements impacted negatively on the IBA performance targets for the Home Ownership on Indigenous Land Program (HOIL).24 25 The committee looks forward to learning in the 2011-12 annual report about the processes that have led to the combining of the HOP and HOIL programs.

2.31 The annual report also indicates that the survival rates of IBA business loan customers in the Business Development and Assistance program compare very favourably with national business statistics.23 The committee looks forward to finding out about IBA's progress in 2011-12 as it strives to enhance its program and reduce the gap between the levels of Indigenous and non-Indigenous business ownership.26

2.32 The committee anticipates learning of the new system to monitor and recognise performance that is being developed by managers, staff and external experts.

Wreck Bay Aboriginal Community Council

2.33 The Wreck Bay Aboriginal Community Council (WBACC) was established by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 (Land Grants Act). The Council commenced operations in 1987.27

2.34 The WBACC does not receive annual appropriations, but did apply for and receive an annual grant under the Advancement of Rights to Land and Sea program administered by the Department of Families, Housing, Community Services and Indigenous Affairs.

21 Indigenous Business Australia 2011, Annual Report 2010-11, P∑ 14.

22 Indigenous Business Australia 2011, Annual Report 2010-11, pp. 38-39.

23 Indigenous Business Australia 2011, Annual Report 2010 *11, pp. 47 *49.

24 Indigenous Business Australia 2011, Animal Report 2010-11, pp. 55-58.

25 Indigenous Business Australia 2011 , Annual Report 2010-11, pp. 60-61.

26 Indigenous Business Australia 2011, Annual Report 2010-11, pp. 60-77.

27 Wreck Bay Aboriginal Community Council 2011 , Annual Report 2010-11, p. 3.

26

21

2.35 Wreck Bay Enterprises Limited (WBEL) is a wholly owned subsidiary of the WBACC. The annual report notes that WBEL has operated without any Government grant or subsidy during the year, has paid $1.25 million in employee benefits (salaries to the Wreck Bay community), and made a net profit of $29 796 in 2010-11.28 29 The committee notes that WBEL was officially amalgamated back under the Wreck Bay Aboriginal Community Council structure during 2010-11.2Q

2.36 The committee congratulates the WBACC on the completion of the Gudjahgahmiamia Early Education and Day-care facility which received a Multi Aboriginal Community Service grant from the Department of Education, Employment and Workplace Relations. The committee also notes that the annual report points out that funds from the WBACC, parent fees, and fundraising activities are needed to ensure the centre's sustainability.

Annual reports of Commonwealth Companies under the CAC Act

Families, Housing, Community Services and Indigenous Affairs Portfolio

Outback Stores

2.37 Outback Stores currently manages 24 stores across some of the most remote parts of the Northern Territory, Western Australia and South Australia' with 'a mandate to improve the affordability and quality of nutritious food available in communities'.30

2.38 Outback Stores turned over $63 million from 25 stores.31 The Chairman notes that Outback Stores remains committed to operating at a small surplus on an ongoing basis. Outback Stores made a loss of $70 000 in 2010-11, a significant improvement on the $1.77 million loss in 2009-10.32 Store viability is dependent on several factors including the population size of the local community, remoteness and high operating costs.33 Whilst 5 stores are currently viable and produce profits for their owners, the Chairman and the CEO both observe that increased efficiency is a key element in transitioning 10 stores currently deemed unviable to an improved financial status they describe as *barely viable': that is, stores that are able to 'sustain their own operation unless a major expense is incurred'.34

28 Wreck Bay Aboriginal Community Council 2011, Annual Report 2010-11 , p. 95.

29 Wreck Bay Aboriginal Community Council 2011, Annual Report 2010-11, p. 30.

30 Outback Stores 2011, Annual Report 2010-2011, p. 3.

31 Outback Stores 2011, Annual Report 2010-2011 , p. 22.

32 Outback Stores 2011, Annual Report 2010-2011, p. 3.

33 Outback Stores 2011, Annual Report 2010-2011, pp. 3, 22.

34 Outback Stores 2011, Annual Report 2010-2011, p. 3.

22

2.39 On 4 July 2010, Outback Stores opened a new facility at Ngukurr in

conjunction with Ngukurr Progress Aboriginal Corporation and Aboriginals Benefits Account. Sales at the new store increased immediately by an average $30 000 per week.35

2.40 The annual report notes that Outback Stores faces some unique challenges including remoteness, harsh climate including floods, and mice plagues.36 37 38 Many new stores received equipment upgrades with capital grants from the Department of Families, Housing, Community Services and Indigenous Affairs for the purchase of open fronted cabinet fridges to display fresh product.57

2.41 Outback Stores employed 191 Aboriginal staff in 2010-11 and surpassed its contracted training contact hours target. The NT Department of Education has significantly increased its training commitment for Outback Stores in the next financial year.

Annual reports of Statutory Agencies

The Australian Health Practitioner Regulation Agency

2.42 The Australian Health Practitioner Regulation Agency (AHPRA) was formed following a decision by the Council of Australian Governments to operate a nationally consistent registration and accreditation scheme for ten health professions.jS AHPRA is chaired by Mr Peter Allen and the Chief Executive Officer is Mr Martin Fletcher.

2.43 AHPRA was established under the Health Practitioner Regulation National Law Act that has been enacted in all states and territories.

2.44 AHPRA is required under Clause 8 to Schedule 3 of the Health Practitioner Regulation National Law Act to prepare and submit an annual report by 31 October to the Ministerial Council. Further:

The Ministerial Council is to make arrangements for the tabling of the annual report of the National Agency, and the report of the public sector auditor with respect to the financial statement in the report, in the

Parliament of each participating jurisdiction and the Commonwealth.39

35 Outback Stores 2011, Annual Report 2010-2011 , p. 8.

36 Outback Stores 2011, Annual Report 2010-2011, p. 10.

37 Outback Stores 2011, Annual' Report 2010-2011 , p. 13.

38 Australian Health Practitioner Regulation Agency 2010, Annual Report 2009-10, p. 5.

39 ACT Parliamentary Counsel 2012, Health Practitioner Regulation National Law (ACT), Republication No. 2, Schedule 3, Clause 8(5).

28

2.45 The annual report 2010-1140 covers the transition and early implementation of the National Scheme. The annual report provides an explanation of the operations of AHPRA and a well-presented overview of its achievements during the year.

Non-statutory advisory panel

Health and Ageing Portfolio

Advisory Panel on the Marketing in Australia of Infant Formula

2.46 The committee commends the Advisory Panel on the Marketing in Australia of Infant Formula for continuing to produce an annual report to Parliament when there is no legislative requirement for it to do so.

Senator Claire Moore

Chair

40 Australian Health Practitioner Regulation Agency 2011, Annual Report 2010 *11.

Appendix 1

List of departments, agencies and bodies required to present annual reports to the Senate

Families, Housing, Community Services and Indigenous Affairs portfolio

Department/Agency/Body Type Legislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

o f2012

Received during period for Report 2

o f2012

Aboriginal Hostels Limited (AHL) CAC Act- coinpany

(limited by guarantee)

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 01/11/11 01/11/11 n/a13/10/11; 13/10/11 y

Aboriginal Land Commissioner, Northern T erritory

Statutory office holder Section 61 of the Aboriginal Land Rights (Northern

Territory) Act 1976

2010-2011 01/11/11 31/10/11 n/a29/09/11; 30/09/11 y

Anindilyakwa Land Council CAC Act -statutory authority

Section 37 of the A boriginal Land Rights (Northern Territory) Act 1976 and section 9 of the Commonwealth Authorities and Companies Act

1997

2010-2011 13/03/12 13/03/12 n/a01/02/12; 01/02/12 y

26

Department/Agency/Body TypeLegislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

of 2012

Received during period for Report 2

of 2012

Australian Institute of Family Studies (AIFS)1 FMA Act * Prescribed

agency

Central Land CouncilCAC Act-statutory authority

Section 37 of the Aboriginal Land Rights (Northern Territory) Act 1976, section 9 of the Commonwealth Authorities and Companies Act 1997 and the Native Title Act 1993

2010-2011 07/02/12 07102/12 29/11/11 07/10/11; 07/10/11 J

Coordinator-General for Remote Indigenous Services1 2 Statutory office holder

Section 28 of the Coordinator- General for Remote Indigenous Services Act 2009

2010-2011 31/10/11 31/10/11 14/10/11 30/08/11; 31/08/11 J

1 'Hie Australian institute of Family Studies (AIKS) was transferred to the Department of Families, Housing, Community Services and Indigenous Affairs from the Prime Minister and Cabinet Portfolio following the Mid-Year Economic and Fiscal Outlook 2011-12 (Families, Housing, Community Services and Indigenous Affairs, Portfolio Additional Estimates Statements 2011-12, p. 3) . The AIFS annual report 2010-11 was considered by the Finance and Public Administration committee in its 2012 (No. 1) Report on Annual Reports.

2 The Coordinator-General for Indigenous Services was included in the Department of Families, Housing, Community Services and Indigenous Affairs ' Annual Report 2010-11 as Appendix K.

27

Department/Agency/Body TypeLegislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

of 2012

Received during period for Report 2

o f 2012

Department of Families, Housing, Community Services and Indigenous Affairs

Department of State Section 63 of the Public Service Act 1999 (PS Act)

2010-2011 31/10/11 31/10/11 14/10/11 30/08/11; 31/08/11 J

Equal Opportunity for Women in the Workplace Agency (EOWA)

FMA Act-Prescribed agency

Section 12 of the Equal Opportunity for Women in the Workplace Act 1999

2010-2011 13/03/12 01/03/12 n/a24/01/12; 24/01/12 V

Executive Director of Township Leasing Statutory office holder

Section 20R of the Aboriginal Land Rights (Northern Territory) Act 1976

2010-20!1 07/02/12 07/02/12 29/11/11 29/09/11; 30/09/11 V

Indigenous Business Australia (IB A) CAC Act -statutory

authority

Section 189 of the Aboriginal and Torres Strait Islander Act 2005 and section 9 of the Commonwealth Authorities and

Companies Act 1997

2010-2011 07/02/12 07/02/12 13/12/11 07/10/11; 07/10/11 1

28

Department/Agency/Body TypeLegislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

o f 2012

Received during period for Report 2

o f 2012

Indigenous Land Corporation (ILC) CAC Act -statutory

authority

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 21/11/11 21/11/11 15/11/11 20/10/11; 20/10/11 J

Northern Land CouncilCAC Act * statutory authority

Section 37 of the Aboriginal Land Rights (Northern Territory) Act 1976, section 9 of the Commonwealth Authorities and Companies Act 1997 and the Native Title Act 1993

2010-2011 10/05/12 08/05/2012 29/03/12 10/01/12; 11/01/12 J

Outback Stores Pty Ltd CAC Act-

company (limited by shares)

Section 36 of the Commonwealth Authorities and Companies Act 1997

2010-2011 07/02/12 24/11/11 n/a29/09/11; 30/09/11 J

Social Security Appeals Tribunal (SSAT) Statutory body Section 25 of the Social Security (Administration) Act 1999

2010-2011 07/02/12 07/02/12 07/12/11 19/10/11; 19/10/11 J

29

Depa rt ment/Agency/Bod y Type Legislation Reporting

Year

Date tabled Senate

Date tabled House of Represent≠

atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

of 2012

Received during period for Report 2

of 2012

Tiwi Land CouncilC AC Act -statutory authority

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 22/11/11 21/11/11 n/a29/09/11; 30/09/11 V

Torres Strait Regional Authority CAC Act-statutory

authority

Section 144ZB Aboriginal and Torres Strait Islander Act 2005 and Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 08/11/11 21/11/11 n/a29/09/11; 30/09/11 J

Wreck Bay Aboriginal Community Council CAC Act -statutory

authority

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 13/03/12 13/03/12 n/a13/02/12 J

30

Health and Ageing portfolio

Department/Agency/Body TypeLegislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

of 2012

Received during period for Report 2 of

2012

Advisory Panel on the Marketing in Australia of Infant Formula

Non-statutory advisory panel No legislative requirement to table

2010-2011 07/02/12 07/02/12 n/a 14/11/11;

17/11/11

V

Aged Care Commissioner Statutory office holder - Departmental body

Section 95A-12 of the Aged Care Act 1997 2010-2011 11/10/11 11/10/11 n/a 30/08/11;

30/08/11

J

Aged Care Standards and Accreditation Agency Ltd (ACSAA)

CAC Act- company (limited by guarantee)

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 31/10/11 31/10/11 26/10/11 28/09/11; 28/09/11 J

Australian Commission on Safety and Quality in Health Care3

CAC Act -Commonwealth authority

Section 1 11 of the National Health Reform Act 2011 and Section 9 of the Commonwealth Authorities and Companies Act

1997

First report expected for 2011-12

Australian Institute of Health and Welfare (AIHW) CAC Act-statutory

authority

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 08/11/11 03/11/11 n/a14/10/11; 14/10/11 J

3 The Australian Commission on Safety and Quality in Health Care was established as an independent statutory authority under the CAC Act as a result of the National Health Reform Act 2011.

31

Depa rt men t/Agency/Body TypeLegislation Reporting DateDate Date received DateReceived Received

Yeartabled tabled out of session submitted to/during during

Senate House of by President received by period forperiod for

Represent- of the SenateMinister Report 1 Report 2 of

atives (if applicable) (if available) o f 2012 2012

Australian National FMA Act- Section 53 of the Australian First report Preventive Health Agency Prescribed National Preventive Health expected (ANPHA)4 agency Agency Act and Sections 49 and for

57 of the Financial Management and Accountability Act 1997

2011-12

Australian Organ and TissueFMA Act- Section 28 of the Australian 2010-2011 11/10/11 11/10/11 n/a 29/09/11; / Donation and Transplantation Prescribed Organ and Tissue Donation and 28/09/11

Authority agency Transplantation Authority Act

Australian Radiation FMA Act * Section 59 of the Australian 2010-2011 12/10/11 12/10/11 n/a19/09/11; J

Protection and Nuclear Safety Prescribed Radiation Protection and 20/09/11

Agency (ARPANSA) agency Nuclear Safety Act 1998

Cancer AustraliaFMA Act- Section 37 of the Cancer 2010-2011 31/10/11 31/10/11 28/10/11 29/09/11; J

Prescribed Australia Act 2006 and Section 30/09/11

agency 57 of the Financial Management and A ccountability Act 1997

Department of Health and Department of Section 63 of the Public Service2010-2011 12/10/11 12/10/11 n/a 31/08/11; J Ageing the State Act 1999 (PS Act)

Corrigen Corrigendu Corrigendum: 31/08/11

dum:m:14/10/11 31/10/11 31/10/11

4 The Austral ian National Preventive Health Agency was established on 1 January 2011 by the Australian National Preventive Health Agency Act 2010.

32

Department/Agency/Body Type Legislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

o f 2012

Received during period for Report 2 of

2012

Department of Health and Ageing Department of the State

Section 63 of the Public Service Act 1999 (PS Act) 2010-2011 12/10/11 Corrigen

dum: 31/10/11

12/10/11

Corrigendu m: 31/10/11

n/a

Corrigendum: 14/10/11

31/08/11; 31/08/11

J

Food Standards Australia New Zealand (FSANZ) CAC Act-statutory

authority

Section 152 of the Food Standards Australia New Zealand Act 1991 and section 9 of the Commonwealth Authorities and Companies Act

1997

2010-2011 01/1 I/ll 31/10/11 n/a5/10/11; 13/10/11 J

General Practice Education and Training Limited (GPET) CAC Act- company

(limited by guarantee)

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 21/11/11 22/11/11 n/a14/10/11; 14/10/11 J

Health Workforce Australia (HWA) CAC Act * statutory

authority

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 31/10/11 31/10/11 25/10/M 17/10/11;

17/10/11

J

Independent Hospital Pricing Authority (1HPA)5 FMA Act-Prescribed

agency

Section 193 of the National Health Reform Amendment (Independent Hospital Pricing Authority) Act 2011

First report expected for 2011-12

5 The Independent Hospital Pricing Authority was established 15 December 2011 under the National Health Reform Amendment (Independent Hospital Pricing Authority) ActlOIL

33

Depart mcnt/Agcncy/Body Type Legislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

o f2012

Received during period for Report 2 of

2012

Medical Training Review- Panel (MTRP) Statutory authority

Subsection 3GC(4) of the Health Insurance Act 1973 2009≠ 20106

05/07/11 05/07/11 n/a17/04/11; 17/04/11 V

National Blood Authority (NBA) FMA Act * Prescribed

agency

Section 44 of the National Blood Authority Act 2003 2010-2011 31/10/11 31/10/11 27/10/11 22/09/11; 23/09/11

J

National Breast and Ovarian Cancer Centre (NBOCC) CAC Act -

company (limited by guarantee)

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 31/10/11 31/10/11 28/10/11 05/11/11; 07/10/11 J

National Health and Medical Research Council (NHMRC) FMA Act * Prescribed

agency

Section 83 of the National Health and Medical Research Council Act 1992

2010-2011 31/10/11 31/10/11 27/10/11 13/10/11; 13/10/11 J

National Health Performance Authority (NHPA)7 FMA Act * Prescribed

agency

Section 111 of the National Health Reform Act 2011 and Section 57 of the Financial Management and Accountability Act 1997

First report expected for 2011-12

6 Relates to academic calendar year.

7 The National Health Performance Authority was established on 21 October 2011 under the National Health Reform Act 2011.

34

Department/Agency/Body Type Legislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

of 2012

Received during period for Report 2 of

2012

National Industrial Chemicals Notification and Assessment Scheme (N1CNAS)

Regulatory Scheme - Departmental

body

Section 108 of the Industrial Chemicals (Notification and Assessment) Act 1989

2010-2011 31/10/11 31/10/11 28/10/11 23/09/11;

26/09/11

J

Office of the Gene Technology Regulator Statutory office holder -

Departmental body

Section 136 of the Gene Technology Act 2000 2010-2011 31/10/11 31/10/11 18/10/11 15/09/11; 19/09/11

J

Pharmaceutical Benefits Pricing Authority (PBPA)8 Non-statutory body

Section 99YBC of the National Health Act 1953 2010-2011 12/10/11 12/10/11 n/a31/08/11; 31/08/11

J

Private Health Insurance Administration Council (PHIAC)

CAC Act-statutory authority

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 07/02/12 21/11/11 18/01/12 14/10/11; 14/10/11 V

Private Health Insurance Ombudsman (PH 10) FMA Act -Prescribed

agency

Section 253-50 of the Private Health Insurance Act 2007 2010-2011 01/1 I/ll 13/10/11 n/a 26/09/11;

11/10/11

J

Professional Services Review (PSR) FMA Act-Prescribed

agency

Section 106ZQ of the Health Insurance Act 1973 2010-2011 31/10/11 31/10/11 19/10/11 I 1/10/11; 12/10/11

J

8 incorporated into the Department of Health and Ageing's Annual Report 2010-11 as Appendix 3.

35

Human Services portfolio

Departmcnt/Agency/Boiiy TypeLegislation Reporting

Year

Date tabled Senate

Date tabled House of Represent≠

atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

of 2012

Received during period for Report 2 of

2012

Australian Hearing Services (Australian Hearing) CAC Act-statutory

authority

Section 9 of the Commonwealth Authorities and Companies Act 1997

2010-2011 31/10/11 31/10/11 14/10/11 04/10/11; 04/10/11 V

Centrelink (Commonwealth Services Delivery Agency) Prescribed agency

Section 40 of the Commonwealth Services Delivery Agency Act 1997

2010-2011 31/10/11 31/10/11 19/10/11 26/09/11; 26/09/11 J

Child Support Registrar9 Statutory office holder Section 14 of the Child Support (Registration and Collection)

Act 1988

2010-2011 31/10/11 31/10/11 19/10/11 26/09/11; 26/09/11 V

Department of Human Services Department of the State

Section 63 of the Public Service Act 1999 (PS Act) 2010-2011 31/10/11 31/10/11 19/10/11 26/09/11; 26/09/11

j

Medicare AustraliaPrescribed agency Section 42 of the Medicare Australia Act 1973

2010-2011 31/10/11 31/10/11 19/10/11 26/09/11; 26/09/11 1

9 Reports within the Department of Human Services annual report.

36

Annual reports from non-Portfolio Agencies

Depart nient/Agency/Body TypeLegislation Reporting

Year

Date tabled Senate

Date tabled House of

Represent≠ atives

Date received out of session by President of the Senate (if applicable)

Date

submitted to/ received by Minister (if available)

Received during period for Report 1

of 2012

Received during period for Report 2 of

2012

Australian Health Practitioner Regulation Agency10 Statutory Agency

Schedule 3, Clause 8 of the Health Practitioner Regulation National Law

2010-2011 21/11/11 n/a14/11/11 J

10 The Australian Health Practitioner Regulation Agency supplies an annual report to the Ministerial Council of the Council of Australian Governments which supplies a copy to each state and territory Parliament and to the Commonwealth.

42

The Senate

Economics

Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

© Commonwealth of Australia 2012

ISBN 978-1-74229-680-7

Printed by the Senate Printing Unit, Parliament House, Canberra.

Senate Economics Legislation Committee

Members

Senator Mark Bishop, Chan- Senator David Bushby, Deputy Chair Senator Alan Eggleston Senator Doug Cameron Senator Anne Urquhart Senator Nick Xenophon

Western Australia, ALP Tasmania, LP Western Australia, LP New South Wales, ALP

Tasmania, ALP South Australia, IND

Secretariat

Mr Tim Bryant, Secretary Ms Morana Kavgic, Research Officer

PO Box 6100 Parliament House Canberra ACT 2600 Ph: 02 6277 3540 Fax: 02 6277 5719

E-mail: economics.sen@aph.gov.au Internet: www.aph.gov.au/Parliamentary Business/Committees/Senate Committees ?url=economics ctte/index.htm

46

TABLE OF CONTENTS

Membership of Committee .................................................................. iii

Chapter!: Overview....................................................................................................1

Introduction................................................................................................................1

Terms of reference .......................................................... 1

Purpose and requirements of annual reports............................................................2

Changes to reporting requirements ........................................................................... 3

Reports referred to the committee ............................................................................ 3

Organisational changes..............................................................................................5

Timeliness...................................................................................................................6

Remarks made in the Senate......................................................................................7

Bodies not presenting annual reports to the Senate..................................................7

Other comments on reports.......................................................................................7

Chapter 2: Individual 2010-2011 Annual Reports..............................................9

Reports under the Industry, Innovation, Science, Research and Tertiary Education portfolio .............................................................................. 9

Reports under the Resources, Energy and Tourism portfolio .............................. 11

Reports under the Treasury portfolio......................................................................12

Appendix 1: Abbreviations......................................................................................21

Appendix 2:

Industry, Innovation, Science, Research and Tertiary Education portfolio: List of annual reports tabled in the Senate in the period 1 November 2011 to 30 April 2012, and later............................................................ 23

Appendix 3:

Resources, Energy and Tourism Portfolio: List of annual reports tabled in the Senate in the period 1 November 2011 to 30 April 2012 ............................... 25

Appendix 4:

Treasury portfolio: List of annual reports tabled in the Senate in the period 1 November 2011 to 30 April 2012, and later .................................... 27

Appendix 5: Industry, Innovation, Science, Research and Tertiary Education portfolio structure and outcomes ............................................................................... 31

Appendix 6: Research, Energy and Tourism portfolio structure and outcomes ............................................................................... 33

Appendix 7: Treasury portfolio structure and outcomes .................................... 35

Appendix 8: Administrative Arrangements Order for the Department of Industry, Innovation, Science, Research and Tertiary Education ................... 37

Appendix 9: Administrative Arrangements Order for the Department of Resources, Energy and Tourism...................................................... 39

Appendix 10: Administrative Arrangements Order for the Department of the Treasury........................................................................................ 41

Chapter 1

Overview

Introduction

1.1 This is the Senate Economics Legislation Committee's (the committee) second and final report on annual reports in 2012. It provides an overview of the committee's examination of annual reports for the 2010-11 financial year, and which were tabled after 31 October 2011.

Terms of reference

1.2 Annual reports of departments and agencies are referred to Senate

Committees under Senate Standing Order 25(20). The Senate Economics Legislation Committee is responsible for the scrutiny of departments and agencies in the following portfolios:

" Industry, Innovation, Science, Research and Tertiary Education;

" Resources, Energy and Tourism; and

" Treasury.1

1.3 The structures and outcomes for each of these portfolios are summarised in Appendices 5, 6 and 7, respectively.

1.4 Standing order 25(20)1 2 requires the committee 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;

1 Journals of the Senate, No. 74, 8 February 2012, pp 2043-2044.

2 Standing Orders and other orders of the Senate, June 2009, p. 28.

Page 2

(g) draw to the 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.

Purpose and requirements of annual reports

1.5 Annual reports provide information on the success (or otherwise) of departments and agencies in meeting their targets and therefore assist in ensuring the public accountability of government departments and agencies. Their tabling in the Parliament, and scrutiny by Senate committees, allows Parliament to make informed judgments on the executive's performance in administering government programs.

1.6 The requirements are set down in the following instruments:3 4

" Departments of State and Executive Agencies present their annual reports pursuant to sections 63(2) and 70(2) of the Public Service Act 1999, 4 and the Department of the Prime Minister and Cabinet's Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, revised

8 July 2011.

" Commonwealth authorities and companies present their annual reports pursuant to their own enabling legislation and/or sections 9, 36 and 48 of the Commonwealth Authorities and Companies Act 1997 (CAC Act).5

" For non-statutory bodies, the requirements are contained in the Government response to the report of the Senate Standing Committee on Finance and Public Administration on Non-statutory bodies, Senate Hansard, 8 December 1987, pp 2643-45.

1.7 The legislation governing the annual reports of various agencies is shown in Appendices 2, 3 and 4.

3 The Department of Finance and Deregulation publishes charts on their website that show which agencies are subject to various acts: http://www.finance.gov.au/financial-frainework/fma-legislation/fma-agencies.html: and http://www.fmance.gov.au/financial-framework/cac-legislation/cac-bodies.html.

4 See www.dpmc.gov.au/guidelines/index.cfm. Section 3(1) of Part 1 of the Requirements states that they also 'apply to prescribed agencies under section 5 of the Financial Management and Accountability Act 1997'. The financial statements must be produced in accordance with the amended Financial Management and Accountability Orders (Financial Statements for reporting periods ending on or after 1 July 2008).

5 Reports of Commonwealth authorities subject to the CAC Act must be produced in accordance with the Commonwealth Authorities and Companies (Report of Operations) Orders 2008 and the Commonwealth Authorities and Companies Orders (Financial Statements for reporting periods ending on or after 1 July 2008). Annual reports of Commonwealth companies are

required to be based on the reporting requirements under the Corporations Act 2001.

Page 3

1.8 The enabling legislation of some agencies may require that agency to report on matters other than those included in the guidelines, or impose different reporting requirements. The Committee's view is that such agencies, while bound by their enabling legislation, should also comply with the requirements imposed under the government's policy, to the extent that the requirements do not conflict.

Changes to reporting requirements

1.9 This report also examines the recent requirements approved by the Joint Committee of Public Accounts and Audit which include an analysis of Key Performance Indicators (KPIs) and statistics relating to occupational health and safety issues;6 7 freedom of information requests (up to 30 April 2011 );' ecologically

sustainable development and environmental performance reporting;8 and advertising and market research.9

1.10 As part of the recent major reforms to Freedom of Information legislation, the Information Publication Scheme (IPS) was established. It commenced on 1 May 2011, replacing the former annual report publication requirements in section 8 of the FOI Act. For the 2010-11 financial year, the reports should include both a section 8

statement covering the period from 1 July 2010 to 30 April 2011 inclusive, as well as a statement referring to the IPS.10

1.11 Requirements for Annual Reports for 2010 *11 include significant amendments relating to the Commonwealth Disability Strategy. The specific requirement for disability reporting in individual annual reports has been discontinued. To preserve the level of parliamentary scrutiny of disability issues, each report must now include an explicit and transparent reference to other disability reporting mechanisms, noting where agency level information can be found.

A suggested form of words to satisfy the requirement is set out in the PM&C Requirements for Annual Reports released on July 2011, p. 29.

Reports referred to the committee

1.12 Under Standing Order 25(20)(f), the committee is required to report on the annual reports of departments and agencies tabled in the Senate between 1 November

6 Section 74 of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

7 Section 8 of the Freedom of Infonnation Act 1982.

8 Section 516A of the Environment Protection and Biodiversity Conservation Act 1999.

9 Requirements for Annual Reports, published by the Department of Prime Minister and Cabinet and approved by the Joint Parliamentary Committee on Public Accounts and Audit in July 2011.

10 PM&C Requirements for Annual Reports, p. 21; and Freedom of Infonnation Act 1982, Part *†.

Page 4

and 30 April each year by the tenth sitting day after 30 June of that year. This year that date is 12 September 2012.11

1.13 This report examines the annual and financial reports 2010-11 of the following departments and agencies, which were tabled in the Senate within the aforementioned timeframe and later:

Government departments

" Department of the Treasury;

Prescribed agencies under the FMA Act

" Australian Competition and Consumer Commission [includes the Australian Energy Regulator] (independent statutory authority);

" Australian Office of Financial Management (non-statutory agency);

" Australian Prudential Regulation Authority;

" Commissioner of Taxation (ATO) [includes the Development Allowance Authority] (statutory agency);

" Corporations and Markets Advisory Committee (statutory agency);

" Royal Australian Mint (non-statutory agency);

Statutory bodies/authorities not under the FMA Act

" Australian Centre for Renewable Energy (ACRE) Board (independent statutory advisory board);

" Australian Statistics Advisory Council;

" Innovation Australia (independent statutory body);

" Tax Practitioners Board (independent statutory authority);

Non-statutory bodies

" Foreign Investment Review Board;

Commonwealth authorities (under the CAC Act)

" Australian National University (statutory authority);

" Tourism Australia (statutory authority);

Commonwealth companies (under the CAC Act)

" IIF Investments Pty Ltd; and

11 The committee is also required to report on annual reports tabled in the Senate between 1 May and 31 October each year by the tenth sitting day of the following year.

Page 5

Other companies, limited by shares

" Snowy Hydro Limited (statutory corporation).

1.14 Comments on these individual reports are contained in Chapter 2, where reports are listed in alphabetical order under each portfolio.

Organisational changes

1.15 Due to changes in the machinery of government in December 2011, this report also contains analysis of one annual report tabled under the Tertiary Education and Skills portfolio, now the third outcome for the Department of Industry, Innovation, Science, Research and Tertiary Education (formerly the Department of Industry, Innovation, Science and Research). This is the Australian National University's Annual Report 2011, tabled on 20 June 2012. Annual reports tabled by

31 October 2011 under the Tertiary Education and Skills portfolio were considered in the Education, Employment and Workplace Relations Committee's report on Annual reports (No. 1 of2012).n

1.16 The committee notes that the Tertiary Education Quality and Standards Agency (TEQSA), a prescribed agency under the FMA Act, commenced operation on 31 July 2011. At the time of its establishment the agency was operating under the Education, Employment and Workplace Relations portfolio, but has since been transferred to the Industry, Innovation, Science, Research and Tertiary Education portfolio.

1.17 By the same principle, there is another prescribed agency and statutory authority formerly within the Education, Employment and Workplace Relations portfolio which will for the first time be required to report for the financial year 2011≠ 12 under the Industry, Innovation, Science, Research and Tertiary Education portfolio. It is the Australian Skills Quality Authority (ASQA), established on 24 March 2011.

1.18 With the Australian Renewable Energy Agency (Consequential Amendments and Transitional Provisions) Bill 2011, there was a transfer of responsibility for existing renewable energy technology projects from RET (including those projects under the oversight of the ACRE Board) to ARENA, a new agency under the Resources, Energy and Tourism portfolio established as an independent statutory authority under the Australian Renewable Energy Agency Act 2011. ARENA

commenced operation on 1 July 2012.

1.19 On 23 August 2012, the Corporations Legislation Amendment (Financial Reporting Panel) Bill 2012 was passed in the Senate. The legislation disbanded the Financial Reporting Panel by repealing its functions and powers. The Panel's annual 12

12 See:

http://www.aph.gov.au/Parliamentary Business/Committees/Senate Committees?url=eet ctte/ armual/2012/report 1/index.htm

Page 6

report for 2010-11 was considered in the committee's report on Annual reports (No. 1 of 2012) under the Treasury portfolio.

Timeliness

1.20 Standing Order 25(20)(c) requires the committee to report to the Senate on the late presentation of annual reports.

Departments and FMA Act entities

1.21 Section 4 of the Requirements for Annual Reports states that annual reports of departments and agencies under the FMA Act framework are to be presented to each House of Parliament on or before 31 October in the year the report is given. Furthermore, if Senate Estimates is scheduled to occur prior to 31 October, it is best practice for annual reports to be tabled prior to those hearings, as noted in the PM&C Requirements for Annual Reports.

CAC Act entities

1.22 Section 9 of the CAC Act stipulates that the deadline for furnishing the minister with the annual reports of Commonwealth authorities is the 15th day of the 4th month after the end of the financial year; that is, 15 October.

1.23 Section 36 of the CAC Act stipulates that Commonwealth companies must give their annual reports to the responsible minister by the earlier of the following:

" four months after the end of the financial year, or

" 21 days before the next annual general meeting of the company after the end of the financial year.

Other entities

1.24 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 a particular date. 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 sitting days after he or she receives it.

Government policy for all annual reports

1.25 While the legislative requirements for the tabling of annual reports vary between different types of agencies,13 the Government's policy is 'that all annual reports should be tabled by 31 October'.14

13 The various requirements are set out in the Committee's report Annual reports (No. 1 of2009), March 2009, p. 4.

Page 7

1.26 The committee notes that none of the annual reports considered in this report were tabled in the Senate by 31 October 2011. However, 7 out of the 16 reports considered were tabled in the House of Representatives by 31 October, and hence have technically met the requirement set down by the government's policy.

Remarks made in the Senate

1.27 Senate Standing Order 25(20)(d) directs the committee to take into account remarks made in the Senate when considering annual reports.

1.28 None of the annual reports considered in this report have been the subject of debate in the Senate.

Bodies not presenting annual reports to the Senate

1.29 The committee is required to report to the Senate each year under Standing Order 25 (20)(h) on whether there are any bodies not presenting annual reports to the Senate which should. The committee is satisfied that there are no such bodies within the Industry, Innovation, Science, Research and Tertiary Education; Resources, Energy and Tourism; or Treasury portfolios at this time.

Other comments on reports

1.30 Taking into account the reporting guidelines specified by the legislation under which departments and agencies present their annual reports, the committee considers that the reports it has examined are generally 'apparently satisfactory'.

1.31 Despite this, the committee considers that some aspects of agency annual reports could be improved. One of the things that the committee examines is whether annual reports contain discussion of external scrutiny and parliamentary accountability.

External scrutiny and accountability

1.32 It is required that annual reports:

... must provide information on the most significant developments in external scrutiny of the department and the department's response, including particulars of:

(a) judicial decisions and decisions of administrative tribunals that have had, or may have, a significant impact on the operations of the department; and 14

14 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, 8 July 2011, p. 2; Department of the Prime Minister and Cabinet, Guidelines for the Presentation of Government Documents to the Parliament (Including Government Responses to Committee Reports, Ministerial Statements, Annual Reports and Other Instruments) , June 2010, paragraph 4.10.

Page 8

(b) reports on the operations of the department by the Auditor-General (other than the report on financial statements), a Parliamentary committee or the Commonwealth Ombudsman.15

Compliance indices or lists of requirements

1.33 The inclusion of a list of requirements in annual reports is mandatory for all departments and agencies under the FMA Act. For CAC Act and other agencies, the committee recommends the inclusion of a compliance index. The index preferably should include a nil return entry where the agency has nothing to report under an item. A compliance index is a useful feature of reports and considerably assists the committee's task of assessing reports. It also assists agencies by clearly showing that their compliance obligations have been met. It can be particularly useful for agencies with reporting requirements under various Acts.

1.34 The committee commends the majority of agencies for their inclusion of compliance indices in their 2010-11 annual reports.

1.35 Annual reports should be a primary reference document for parliamentarians and others looking for information about external scrutiny of government agencies. As noted above, the primary purpose of annual reports is accountability to the Parliament - it is therefore important that details about external scrutiny are included in a clear

maimer in annual reports. It is particularly important that details about parliamentary scrutiny are included in annual reports, including appearances at Senate estimates hearings (which are the subject of bi-annual reports to the Senate).

15 Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies. Clause 11 of Schedule 1 of the Commonwealth Authorities and Companies (Report of Operations) Orders 2008 states that the same requirements apply to Commonwealth authorities that present their annual reports in accordance with the provisions of section 9 of the CAC Act.

Chapter 2

Individual 2010-2011 Annual Reports

Reports under the Industry, Innovation, Science, Research and Tertiary Education portfolio

Australian National University - annual report 2011

Reporting requirements

1.2 For the reasons outlined in Chapter 1, this is the first time that the committee is covering an annual report by the ANU. The committee considers that the ANU has met its reporting requirements under the Acts.

1.3 The committee suggests that a compliance index be added to ANU *s annual report for easier reference and scrutiny.

Operational matters

1.4 In its annual report the ANU recorded a number of significant achievements including; the development of a new strategic plan - ANU by 2020; and a new partnership with the government in public policy, delivering a number of training courses for members of the public service. Most notably, ANU astronomer, Professor

Schmidt, was awarded the Nobel Prize in Physics.

1.5 The ANU also conducted a major staff survey, which showed positive results and staff satisfaction above the national average, and opened new accommodation facilities. It also established the position of Pro Vice-Chancellor for the first time in its history.

IIF Investments Pty Limited - annual report 2010-11

Reporting requirements

1.6 The committee considers that the company has met the overall requirements under the Corporations Act 2001 and the CAC Act.

1.7 The annual report does not contain a compliance index, which was also the case with the report for 2009-10, as previously noted. A compliance index would be a useful addition given that the company is required to comply with two separate acts, and would make the report easier to navigate.

1.8 The report states that the company had paid a premium to indemnify all directors, former directors and the secretary of the IIF companies, but it is not clear whether the six directors listed are all the directors that the company has had. As well

Page JO

as the amounts and premiums, the report should include names of the officers indemnified and the nature of liability.

Operational matters

1.9 Following the voluntary deregistration of IIF Foundation Pty Ltd by ASIC in June 2011, IIF Investments Pty Ltd is the only remaining IIF Company, fully owned by the government. The company is tasked with promoting the development of an Australian venture capital market for early stage, technology-based companies commercialising research and development.

1.10 It invests in five Innovation Investment Funds and four Pre-Seed Funds set up as unit trusts, as well as in CYC REEF Limited which is licensed under the REEF program - their performance is covered in Innovation Australia's annual report. The government provides funding to the company on the basis of interest-free, limited recourse loans, with repayments required to the extent that the company received distributions from its investments. It does not have any employees and is supported with operational support services by DIISRTE.

1.11 To date four of the five original companies have been voluntarily deregistered - three in June 2010, and one in June 2011. The annual report states that it is unlikely that the remaining company will be wound up due to possible unintended consequences that such an action could have, including tax liability implications.

Innovation Australia * annual report 2010 *11

Reporting requirements

1.12 The committee considers that Innovation Australia has met its reporting requirements under the Act.

1.13 The committee notes that there is no date on the letter of transmittal, which was also the case in the annual report examined for 2009-10. The letter should be dated in full, on the day the signatory approves the final text of the report for printing.

Operational matters

1.14 Collaboration between businesses, universities and publicly funded research agencies has been a focus for Innovation Australia during this year. It hosted the Powering Productivity through Innovation showcase in Melbourne in 2011. It also established the Innovation Performance sub-committee to examine linkages between

innovation and productivity.

1.15 Innovation Australia's Re-tooling for Climate Change program funded 21 new projects, including water capture, recycling and filtration projects, and the application of energy efficient technologies. This year saw the closure of the Green Car Innovation Fund, and the Commercialising Emerging Technologies program.

Page 11

Reports under the Resources, Energy and Tourism portfolio

Australian Centre for Renewable Energy (ACRE) Board * annual report 2010 *11

Reporting requirements

1.16 The committee considers that the ACRE Board has largely met its reporting requirements under the ACRE Act. However, it would be useful to include more information relating to the Board's accountability, as well as a statement on any written directions received from the Minister, as specified under subsection 25(2) of

the Act.

1.17 The committee notes that the letter of transmittal lacks a full date.

1.18 A correction to the 2009-10 annual report is mentioned on page 20.

Operational matters

1.19 The ACRE Board is an independent advisory body. Its key function is to develop and manage new programs and strategies for renewable energy sectors, and to collaborate with state and territory governments to develop strategies for stimulating investment in renewable energy technologies. It hosted two state and territory meetings in 2010-11, held 14 Board meetings and participated in over 20 domestic

and international events.

1.20 The annual report lists a range of achievements including: the release of ACRE'S Strategic Directions; the development of a Geothermal Directions paper; contributing to the fonnation of the Emerging Renewables Program; and advising the government to merge ACRE'S available funding with new funding for renewable

energy technologies and programs in 2011.

1.21 One of the measures that came with the announcement of the government's Clean Energy Future package was the establishment of ARENA, consolidating $3.2 billion in support for renewable energy technology which was administered by ACRE, the Australian Solar Institute and DRET. The ACRE Board committed to assist with

the transition of its programs and initiatives to ARENA.

Tourism Australia * annual report 2010 *11

Reporting requirements

1.22 The committee considers that Tourism Australia has broadly met its reporting requirements under the Acts. The committee commends it for including a compliance index in the report.

1.23 The committee suggests that a more explicit reference be added to disability reporting mechanisms, noting where this infonnation can be found. Due to the nature of its operations, the committee also suggests that Tourism Australia add a statement referring to the funding of its marketing and advertising campaigns.

Page 12

Operational matters

1.24 Tourism Australia *s campaign called There *s Nothing Like Australia was launched at the Australian Tourism Exchange in Adelaide in May 2010, and another such event was held in Sydney in 2011. Tourism Australia participated in 31 international trade shows and travel markets. It worked with Parks Australia to manage the flagship Australia *s National Landscapes program, and participated in the Resilience Working Group as part of the National Long-Term Tourism Strategy. It invested in branded content, with the key projects being four short films called Making Tracks and two short films called Trip in a Minute, created from a partnership with YouTube. Tourism Australia prepared for the first Australian Tourism Directions Conference held in November 2010 in Canberra.

1.25 In 2010-11 tourism still faced challenges due to the global economic situation and a high dollar, with declines in visits from traditional strongholds such as the UK and the USA. However, it recorded growth in arrivals from key Asian markets, especially China. Overall, there was an increase of 3% in international visitors at year end, and a 4% increase in domestic overnight trips. Tourism Australia has a long term strategy, 2020 Tourism Industry Potential, with the goal to increase the value of overnight expenditure, and in June 2011 it launched its China 2020 Strategic Plan. It has also set up the Aviation Development Fund.

1.26 This was Mr Geoff Dixon *s first year as Chairman of the Tourism Australia Board. The committee thanks Tourism Australia for its appearance at estimates.

Reports under the Treasury portfolio

Department of the Treasury - annual report 2010 *11

Reporting requirements

1.27 The committee considers that the Treasury has met its reporting requirements under the Acts and commends it for a well-structured report.

1.28 Although the report was not tabled in the Senate until 1 November, it was tabled in the House of Representatives on 31 October and therefore technically meets the requirement for timeliness.

Operational matters

1.29 Achievements in this financial year include the release of the Pre-Election Economic and Fiscal Outlook report, assisting the government in delivering the MYEFO and the Budget. The Treasury contributed to the development of the Clean Energy Future package; prepared the Strong Growth, Low Pollution: Modelling a Carbon Price report; assisted in the delivering the package of measures in response to the natural disasters in the region; and worked on the G20 and the Financial Stability Board. It established a secretariat to support the GST Distribution Review, and worked to assist the planned Parliamentary Budget Office in its operations. It advised

Page 13

on, and implemented legislation for, the first stage of not-for-profit sector reforms and the Stronger Super reforms; implemented reforms for the Competitive and Sustainable Banking package; and provided secretariat services and policy advice to the Policy Transition Group responsible for the design of the Minerals Resource Rent Tax and the extension to the Petroleum Resource Rent Tax, as well as released draft legislation and explanatory materials for the MRRT for public consultation. It was also focused on the delivery of its Standard Business Reporting initiative. It assisted with the transfer of responsibility for the supervision of domestic licensed financial markets from the Australian Securities Exchange to ASIC and the granting of a licence to a new market operator.

1.30 The Treasury received an unqualified audit report on its financial statements. The Treasury noted that several payments were made in error to states and territories and were subsequently recovered.

1.31 In this year, the Treasury completed 9 internal audits and reviews, relating to goods and services tax processes, fringe benefits tax processes, network user access management, risk management, business continuity arrangements, credit card arrangements, and compliance with the Information Publication Scheme.

1.32 The committee would like to express its appreciation to the Treasury for appearing before this committee alone 13 times in this financial year, including estimates, as well as other parliamentary committees.

Australian Competition and Consumer Commission and the Australian Energy Regulator * annual report 2010 *11

Reporting requirements

1.33 The committee considers that the ACCC and AER have met their reporting requirements under the Acts.

1.34 The annual report includes a correction to the 2009-10 report.

Operational matters

1.35 In 2010-11 the Trade Practices Act 1974 became the Competition and Consumer Act 2010 incorporating the Australian Consumer Law. It is a set of legislation enacted across the country. From April 2010 it gave the ACCC additional powers: to obtain redress on behalf of consumers; to issue infringement, public warning and substantiation notices; and to seek civil pecuniary penalties. The ACCC used all of these in this financial year. It issued 48 infringement notices, received penalties of almost $300,000 and saw penalties of $4.7 million imposed for a range of

serious breaches, most notably for product safety labelling standards and misleading conduct in the marketing of mobile premium services. Following the new provisions, the ACCC held seminars and issued guidelines to make businesses aware of their new obligations, and released consumer education material. In addition, the ACCC has been reviewing standard contract terms in industries with high levels of consumer

Page 14 ________________________________________________________________

complaints. The ACCC also provided advice to the government on the National Broadband Network. International collaboration includes investigation of cartel activity in air cargo and the marketing of fine paper products, and chairing a new OECD Product Safety Working Party.

1.36 The ACCC received an unqualified audit report on its 2010-11 financial statements. It had an operating loss of $9.3 million, compared to a surplus of $1.4 million in the previous year.

1.37 This was the ACCC *s last year under the chairmanship of Mr Graeme Samuel. The committee would like to thank the ACCC for its appearance at estimates, and evidence it provided to committee inquiries into competition in the banking sector, the impacts of supermarket price decisions on the dairy industry, and the proposed Metcash-Franklins acquisition.

1.38 AER is part of the ACCC and regulates the national energy market. In 20*ô*ü≠ *ô 1 it released determinations for the electricity distribution networks in Victoria and gas distribution networks in Queensland and South Australia, and undertook preparations to assume additional responsibilities in 2012 under the new National Energy Retail Law.

Australian Office of Financial Management * annual report 2010-11

Reporting requirements

1.39 The committee considers that the AOFM has met its reporting requirements under the Acts.

1.40 The committee suggests that future compliance indices contain a nil return entry where the information is not applicable to AOFM, and follows the order prescribed by the PM&C guidelines.

Operational matters

1.41 In managing the government *s debt portfolio, the AOFM seeks to minimise debt servicing costs over the medium-term at an acceptable level of risk, and to facilitate the issuance of debt and manage the refinancing risk. In this year, the AOFM modified the mix of long and short bond issuance in response to market conditions. Four new Treasury Bond lines were launched, with future maturity dates falling on either 21 January, 21 April, 21 July or 21 October, to coincide with large

Commonwealth revenue collections. The residential mortgage-backed securities program was extended in December 2010 as part of the Competitive and Sustainable Banking System package. The AOFM received directions to invest an additional $4

billion in RMBS. The volume of transactions supported by the AOFM rose significantly this financial year, as did the volume of those not supported. This year, the larger than expected budget financing task was partly managed by increased issuance of Treasury Notes. The AOFM recorded an operating surplus on agency activities.

__________________________________________________________________________ Page 15

1.42 Mr Neil Hyden retired as CEO in November 2010, and Mr Rob Nicholl was appointed in this role.

Australian Prudential Regulation Authority - annual report 2011

Reporting requirements

1.43 The committee considers that APRA has met its requirements under the FMA Act and the Australian Prudential Regulation Authority Act 1998.

1.44 APRA's report was not tabled until 4 November 2011.

Operational matters

1.45 APRA is the prudential regulator of the financial services industry. It also acts as a national statistical agency for the financial sector, and is largely funded by the industries that it supervises.

1.46 In its annual report, APRA outlines its supervisory role against the background of the GFC and the current instability in Europe. In its report, APRA describes its supervisory approach as formed by the global reform elements that came out of the G-20 Seoul Summit in November 2010. The strategic review was completed

in April 2011 and set the foundation for progressive improvement of APRA's supervisory framework over the next few years. This year, APRA increased its engagement with boards on matters such as risk appetite, remuneration and credit standards in housing lending. APRA conducted a stakeholder survey with overall positive results. It hosted some 100 international delegations from regulatory agencies,

central banks, industry bodies and private sector, as well as workshops on liquidity management and risk-based supervision of pension funds. It maintained its involvement in global reform initiatives, and continues its participation in the Basel Committee on Banking Supervision. It released proposals for implementing the Basel III capital reforms in Australia.

1.47 The committee expresses its appreciation to APRA for its appearances before, and submissions to, parliamentary committees.

Australian Statistics Advisoiy Council - annual report 2010-11

Reporting requirements

1.48 The committee considers that A SAC has met its reporting requirements under the Act.

Operational matters

1.49 AS AC provides advice to the Minister and the Australian Statistician in relation to the collection and dissemination of official statistics provided for public purposes. It supports the activities of the Australian Bureau of Statistics from which it receives secretariat services. Its operational costs are met from within the ABS budget.

Page 16

1.50 The Council met twice in this financial year and had a number of changes to its membership. It was involved in the 2010 NatStats Conference in Sydney and will continue to review the progress of the ABS in relation to the recommendations made at this event. The Council agreed to promote e-Census, and looked at the 2011 Census of Population and Housing, which marked the centenary of national censuses. It encouraged ABS *s involvement in new collaborative international statistical projects, and in working with the COAG Reform Council. ASAC planned a high-level workshop held in August 2011 in conjunction with the Reform Council with the aim

of examining opportunities to improve the national statistical system.

Commissioner of Taxation (ATO) - annual report 2010-11

Reporting requirements

1.51 The committee considers that the ATO has met its reporting requirements under the Acts. The report includes information on the operations of the Australian Valuation Office. The committee commends the ATO for a well-structured report.

1.52 The committee suggests that the ATO add a reference to the Information Publication Scheme (IPS) under the section relating to the Freedom of Information.

1.53 The report includes corrections to annual reports from previous years.

Operational matters

1.54 The report relates to the administration of the wide range of laws entrusted to the ATO, including revenue laws, the Australian Business Register, and aspects of superannuation. Highlights include the implementation of new laws such as the flood levy, and helping to reunite 1.2 million people with their superannuation. The ATO *s input to law design included work on the minerals resource rent tax, extended petroleum resource rent tax, and phoenix legislative measures. The ATO finalised arrangements for the provision of centralised computing services, reviewed the

operations of its committees, and enhanced its risk framework approach. It developed a new online presentation called 100 people, using data to better inform the community. The ATO delivered Tax Time 2010, the first peak processing period using the new income tax return processing system, and released new online tools to help people determine their tax requirements.

1.55 Revenue collections were 4.5% below the federal budget forecast, largely due to economic conditions. According to independent surveys, there was an overall dip in community satisfaction and a lower level of confidence in the ATO *s administration of superannuation. In response, the ATO conducted a review of its service delivery. The ATO met its performance commitment benchmarks to the community on 22 of 27 service standards.

1.56 The majority of the ATO *s employees voted against the new enterprise agreement proposal. In addition, the ATO had 29 substantiated whistle-blowing reports and a number of investigations of fraud or misconduct by staff.

Page 17

1.57 The ATO received recognition at die AusCERT conference for its focus on fraud and unusual cyber-crime. It also sponsored National Youth Week 2011 and continued its workplace giving program.

1.58 During this financial year, the ATO celebrated its centenary. The committee congratulates it, and also expresses appreciation for its appearance before its three inquiries and at estimates.

1.59 The Australian Valuation Office is the ATO *s only commercial business line, providing independent and fee-competitive valuation services to government organisations, the majority of which are of land and buildings.

Corporations and Markets Advisoiy Committee - annual report 2010 *11

Reporting requirements

1.60 The committee considers that CAMAC has met its reporting requirements under the Acts, and commends it for a clearly presented report.

1.61 This annual report may also be subject to review by the Parliamentary Joint Committee on Corporations and Financial Services (PJC) in its report on Annual reports, pursuant to Part 14, subsection 243(b) of the Australian Securities ajrd Investments Commission Act 2001 (the ASIC Act) by which this committee was

established.

Operational matters

1.62 CAMAC undertakes reviews, resulting in the presentation and publication of reports, and responds to the Minister's requests for advice in relation to corporations and financial services law, administration and practice. It receives administrative support from ASIC.

1.63 In 2011, CAMAC published two policy documents, responding to requests for advice from the government: a report on executive remuneration, following on from the Productivity Commission's report; and a wide-ranging discussion paper on managed investment schemes. It also began work on reports on managed investment schemes and the definition of derivatives.

1.64 During the year CAMAC introduced a system of sub-committees for each of its current terms of reference.

Foreign Investment Review Board - annual report 2010-11

Reporting requirements

1.65 The FIRB annual reports are not statutorily mandated, but provide information on the operation of Australia's foreign investment review arrangements.

Page 18________________________ ______ _____________________ ________________ ________

Operational matters

1.66 FIRB has exclusively advisory functions. It receives secretariat services from the Treasury. Its annual report outlines the activities of the Board, provides a summary of foreign investment proposals, and an overview of the main provisions of the Foreign Acquisitions and Takeovers Act 1975.

1.67 In its report, the Board describes the most significant case brought before it in recent years - the proposed takeover of the Australian Securities Exchange by the Singapore Stock Exchange. This is the only occasion since 2001 that a business proposal was found by the Treasurer to be contrary to the national interest. The Board undertook analysis of the proposal and its potential ramifications, while consulting with ASIC, APRA and the RBA and, after taking all considerations into account, recommended to the Treasurer that the proposal not be approved.

Royal Australian Mint * annual report 2010 *11

Reporting requirements

1.68 The committee considers that the Mint has met its reporting requirements under the Acts.

Operational matters

1.69 In addition to its regular activities as the sole producer of the Australian circulating coin, the Mint commenced circulating coin production for other countries. The Mint is a tourist attraction, which is the reason why it hired new visitor guides this year. It produces and sells collector coins, medals, awards, tokens, and jewellery which it also sells in its shop on the premises. This year it designed several commemorative coins, among which are those marking the centenary of International Women *s Day, and the Royal wedding.

1.70 The Mint hosted the Mint Directors Conference in Canberra in 2010, and created a new International Business Development Section. It initiated a project to improve the efficiency of the supply chain from order receipt to coin utilisation. Its focus was the implementation of improved OHS systems, and a review of the Perfonuance Development Scheme.

Snowy Hydro Limited - consolidated financial report for the reporting period 4 July 2010 to 2 July 2011

Reporting requirements

1.71 Snowy Hydro Ltd is a statutory corporation. As a company limited by shares, it is not subject to the PM&C requirements for annual reports. Its annual report, however, does comply with the provisions of the Corporations Act 2001. It is required to table its annual reports under the Snowy Hydro Corporatisation Act 1997.

______________________________________________________________________________Page 19

Operational matters

1.72 The report outlines the financial performance of Snowy Hydro Ltd over the year, and that of its active controlled entities; Red Energy Pty Ltd, Valley Power Pty Ltd, and various inactive subsidiaries. The consolidated entity owns, manages and maintains the Snowy Mountains Hydro-electric Scheme, and owns and operates power stations in Victoria, the Latrobe Valley and at Laverton North. The report mentions the potential impact of the carbon price on its operations, based on the government announcement from July 2011. It is detailed in Note 32 of the financial statements.

Tax Practitioners Board - annual report 2010-11

Reporting requirements

1.73 The committee considers that the Tax Practitioners Board has met all requirements under the Act and commends it for a well-presented report which also includes a compliance index.

1.74 The Board *s resources are provided by the ATO and its financial operations reported as part of the ATO *s financial statements.

Operational matters

1.75 The Tax Practitioners Board is an independent statutory body responsible for the registration and regulation of tax practitioners and BAS agents, and for ensuring compliance with the Tax Agent Seixices Act 2009 , including the Code of Professional Conduct. It replaced state-based Tax Agents * Boards from 1 March 2010. This was its first full operating year, in which it finalised a Strategic Plan for 2011 *13. In 2010 the Assistant Treasurer announced that financial planners who provide tax services would be regulated through ASIC and the Board in the future.

1.76 In 2010-11 the Board dealt with the initial influx of new applications for registration, as well as complaints about agents. It conducted 11 investigations in relation to potential breaches of the TASA. It implemented a national registration system and introduced online registration. It worked to define education eligibility criteria for applicants, issued information papers and guidelines in consultation with

stakeholders on courses that would satisfy the educational requirements for registration, and offered a qualification advice service in the interim. In 2010 it released an explanatory paper on registration criteria, Fit and proper person. It made it a requirement that all registered tax practitioners have professional indemnity (PI) insurance cover from July 2011.

1.77 In its report, the Board said that it aimed to complete its continued

professional education (CPE) policy in 2012. It identified legislative issues within the TASA which need to be addressed, relating to consumer protection, coverage and the Board *s powers. It also consulted the Commonwealth Ombudsman in implementing a complaint management strategy for its operations.

Page 20

Senator Mark Bishop Chair

68

Appendix 1

Abbreviations

ABS Australian Bureau of Statistics

ACCC Australian Competition and Consumer Commission

ACREAustralian Centre for Renewable Energy

ADI Authorised Deposit-taking Institution

AER Australian Energy Regulator

APRA Australian Prudential Regulation Authority

ARENA Australian Renewable Energy Authority

ASAC Australian Statistics Advisory Council

ASIC Act Australian Securities and Investments Commission Act 2001

BAS business activity statement

CAC Act Commonwealth Authorities and Companies Act 1997

CAMAC Corporations and Markets Advisory Committee

CEF Clean Energy Future (package)

COAG Council of Australian Governments

CPE continued professional education

DIISR Department of Innovation, Industry, Science and Research

DIISRTE Department of Industry, Innovation, Science, Research and Tertiary Education

DRET Department of Resources, Energy and Tourism

FIRB Foreign Investment Review Board

FMA Act Financial Management and Accountability Act 1997

FOI Freedom of Information

Page 22

GFC Global Financial Crisis

G20 Group of Twenty

HoRHouse of Representatives

IIF Innovation Investment Fund

IPS Information Publication Scheme

MRRTMinerals Resource Rent Tax

MYEFO Mid-Year Economic and Fiscal Outlook

OECD Organisation for Economic Cooperation and Development

OHS Occupational Health and Safety

PI professional indemnity

PJCParliamentary Joint Committee on Corporations and Financial Services

PM&C Department of Prime Minister and Cabinet

RBA Reserve Bank of Australia

REEF Renewable Energy Equity Fund

RMBS residential mortgage-backed securities

TASA Tax Agent Services Act 2009

70

Appendix 2

Industry, Innovation, Science, Research and Tertiary Education portfolio

List of annual reports tabled in the Senate in the period 1 November 2011 to 30 April 2012, and later

Reporting Body

Legislation Date of

transmittal letter

Date sent to Minster

Date received by Minister

Date tabled

Australian National University

Australian National University Act 1991

Commonwealth Authorities and Companies Act 1997

23 March 13 April13 AprilSenate 20 June

HoR 20 June

1IF Investments Pty Limited Corporations Act 2001

Commonwealth Authorities and Companies Act 1997

28 Oct31 Oct31 OctSenate 7 Feb

FIoR 7 Feb

Innovation Australia Industiy Research and Development Act

1986

undated 30 Jan 30 Jan Senate

28 Feb

HoR 28 Feb

72

Appendix 3

Resources, Energy and Tourism Portfolio

List of annual reports tabled in the Senate in the period 1 November 2011 to 30 April 2012

Reporting Body

Legislation Date of

transmittal letter

Date sent to Minster

Date received by Minister

Date tabled/ presented*

Australian Centre for Renewable Energy (ACRE)

Board

Australian Centre for Renewable Energy Act 2010

Dec

(precise date not given)

Senate 7 Feb

(19 Jan*)

HoR 9 Feb

Tourism Australia

Tourism Australia Act 2004 14 Oct 14 Oct 14 OctSenate

1 Nov

Commonwealth Authorities and Companies Act 1997

HoR 31 Oct

74

Appendix 4

Treasury portfolio

List of annual reports tabled in the Senate in the period 1 November 2011 to 30 April 2012, and later

Reporting Body

Legislation Date of

transmittal letter

Date sent to Minister

Date received by Minister

Date tabled/ presented*

Australian Competition and Consumer Commission & the Australian Energy Regulator

Competition and Consumer Act 2010

Financial Management and Accountability Act 1997

Public Service Act 1999

25 Aug 9 Sept 9 Sept Senate

1 Nov

HoR 13 Oct

Australian Office of Financial Management

Financial Management and Accountability Act 1997

Public Service Act 1999 (Category E)

13 Sept 30 Aug 30 Aug Senate

1 Nov

HoR 13 Oct

Australian Prudential Regulation Authority

Australian Prudential Regulation Authority Act 1998

Financial Management and Accountability Act 1997

12 Oct 27 OctSenate

4 Nov

HoR 21 Nov

Australian Statistics Advisory Council

Australian Bureau of Statistics Act 1975

11 Oct 19 Dec Senate

7 Feb (19 Dec*) HoR 7 Feb

Page 28

Reporting Body

Legislation Date of

transmittal letter

Date sent to Minister

Date received by Minister

Date tabled/ presented*

Commissioner of Taxation (ATO) [incl. Development Allowance Authority]

Taxation Administration Act 1953

Financial Management and Accountability Act 1997

Public Sendee Act 1999

Plus numerous other acts listed on pp 160-162 of the ATO's annual

report

30 Sept12 Oct 12 OctSenate

1 Nov

HoR 31 Oct

Corporations and Markets Advisory Committee

Australian Securities and Investments Commission Act

2011

Financial Management and Accountability Act 1997

Public Service Act 1999

15 Sept4 Oct4 OctSenate 1 Nov

HoR 13 Oct

Foreign Investment Review Board

No statutoiy requirements

15 April26 March 26 March Senate

18 June (15 May*)

HoR 31 May

76

Page 29

Reporting Body

Legislation Date of

transmittal letter

Date sent to Minister

Date received by Minister

Date tabled/ presented*

Department of the Treasury Public Service Act 1999

Financial Management and Accountability Act 1997

13 Oct 27 Sept Senate

1 Nov (28 Oct*)

HoR 31 Oct

(corrigendum received 25 May and tabled

18 June)

Royal Australian Mint Financial Management and

Accountability Regulations 1997

Financial Management and Accountability Act 1997

Public Service Act 1999 (Category E)

16 Sept20 Oct20 Oct Senate

1 Nov

HoR 1 Nov

Snowy Hydro Limited - Financial report

for the period 4 July 2010 to 2 July 2011

Corporations Act 2011 24 Aug Senate

7 Feb (16 Jan*)

HoR 7 Feb

Tax Practitioners Board

Tax Agent Services Act 2009 7 Oct 7 Oct7 OctSenate

1 Nov

HoR 31 Oct

78

Appendix 5

Industry, Innovation, Science, Research and Tertiary Education portfolio structure and outcomes

Minister for Tertiary Education, Skills, Science and Research1 Senator the Hon Chris Evans

M inister for Industry and lnnovation2 Th e Hon G reg Comb et AM MP

M inister for Sm all Business3 The Hon Brendan O'Co nnor MP

Mmister Assisbng for Industry and I nnovation~ Senator the Hon Ka1e Lundy

Parliamentary Secretary for Industry and lnnovatioo5 Th e Hon Mark Dreyfus OC M P Pmiaamentary Secretary for Higher Education and Skills Th e Hon Sharon Bird M P

Department of Industry, Innovation. SCJence. Research and Tertiary Education Secretary: Dr Don Russell

....... ............ ..... ......... ......... ....... ... .......................... ................................ ...... :

Agency- Australian Nuclear Scaence and Technology Orgamsation (AN STO) Chief Executive Officer Dr Ada Paterson

Agency- Australian Institute of Aboriginal and Torres Strait Islander Studtes (AJATSIS) Principal (CEO): M r Russell Taylor

AgP.nC}' - Australian Re--..earch Co uncil (ARC) Afg Chief Executive Officer: Ms Leanne Harvey

Ageoq "-Australian Skills Quality Authority (ASOA) Chief CommisSioner. Mr Chri.s Robinson

.. ∑∑~ ....

. ... ~ ....

Agency - IP Austraba Director General: Mr Philip Noonan

Agency- Commonwealth Scientific and Industrial Research Organisation (CSIRO) Chief Executive Officer. Dr M egan Clar!t

Agency- Australian lnsltlute of M arine Sc~ence (AIMS) Chief Executive Officer. Mr John Gunn

Agency- Tertiary Education Quality and Standards Agency (TEO SA) Chief Commissioner: Dr Carol Naron

Source: Portfolio Budget Statements 2012-13, Industry, Innovation, Science, Research and Tertiary Education portfolio, p. 8.

79

80

Research, Energy and Tourism portfolio structure and outcomes

Appendix 6

P o rtf o lio M in is ter

M inister for Res o u r ces an d En erg y

M inister fo r To u rism Th e Hon M artin F erg u so n A M MR

D ep artmen t o f Res o u r ces , En erg y an d To u ris m

Portfolio S ecretary Mr D rew Clark e

O u tco me 1: Th e imp ro v ed stren g th , co mp etitiv en ess an d

su stain ab ility of th e res o u rces , en erg y and tourism in d u s tries to en h an ce A u s tralia's p ro sp erity th ro u g h imp lemen tatio n o f g o v ern men t policy an d p ro g rams.

G eo s cien ce A u s tr alia Ch ief Executive O fficer Dr Ch ris P ig ram

To u ris m A u s tr alia M anaging D irecto r Mr A ndrew M cEv o y

O u tco me 1: Informed g o v ern men t, in d u stry

and co mmu n ity d ecisio n s on th e eco n o mic,

so cial an d en v iro n men tal man ag emen t of th e n atio n 's natural res o u rces through en ab lin g acces s to g eo s d en tific and sp atial in fo rmatio n .

O u tco me 1: In crease d eman d for A ustralia

as a d estin atio n , stren g th en th e trav el

d istrib u tio n sy stem, an d co n trib u te to th e

d ev elo p men to f a s u s tain ab le to u rism industry through co n s u mermark etin g , trad e d ev elo p men t an d research activ ities.

N atio n al O ffs h o re P etro leu m S afety an d

En v ir o n men tal M an ag emen t A u th o rity Chief Executive O fficer M s J an e Cu tler

O u tco me 1: An A ustralian oil and g as

industry th at properly control s th e health an d

safety risk s to th e w orkforce at its o ffsh o re

p etro leu m o p eratio n s.

A u s tr alian S o lar I n s titu te

Ex ecu tiv e D irecto r Mr M ark Tw idell

O u tco me 1: En co u rag e in n o v atio n an d

co s t effective d ev elo p men ts in so lar en erg y tech n o lo g ies to accelerate co mmercial d ep lo y men t through k n o w led g e b u ild in g and

co llab o rativ e res earch , d ev elo p men t and support for A u stralian in d u s tries an d

res earc h in stitu tio n s.

A u s tralian Ren ew ab le En erg y A g en cy

Ch ief Ex ecu tiv e O fficer TBC

O u tco me 1: S upport imp ro v emen ts in th e co mp etitiv en ess o f

ren ew ab le energy an d related tech n o lo g ies and th e supply o f renew abl s

energy by ad min isterin g fin an cial as s is tan ce, d ev elo p in g an aly sis and advice ab o u t an d sharing in fo rmatio n and k n o w led g e w ith reg ard to,

ren ew ab le energy an d related tech n o lo g ies .

Source: Portfolio Budget Statements 2012-13, Resources, Energy and Tourism portfolio, p. 7.

81

82

Treasury portfolio structure and outcomes

Appendix 7

A u stralian S ecu rities an d In v estmen ts Co mmissio n

Chairman: IVlr G reg M edcraft

Imp ro v ed co n fid en ce in A ustralia *s financial mark ets th ro u g h promoting informed in v esto rs an d financial

_________ co n su mers, facilitating fair an d efficient mark ets an d delivering efficient registry sy stems _________

A u stralian P ru d en tial Reg u latio n A u th o rity

Chairman: D r Jo h n Laker A O

En h an ced public co n fid en ce in A ustraiia *s financial institutions th ro u g h a framew ork o f prudential regulation

w hich b alan ces financial safety an d efficiency, competition, contestability an d co mpetitive neutrality

A u stralian Bu reau of S tatis tics

S tatistician: M r Brian Pink

Informed d ecisio n s, research an d d iscu ssio n within g o v ern men ts an d th e community by leading th e

collection, analysis an d provision of high quality, objective an d relev an t statistical information

Co rp o ratio n s an d M ark ets A d v iso ry Co mmittee

Co n v en o r: M s Jo an n e Rees

Informed d ecisio n s by G o v ern men t on iss u es relating to co rp o ratio n s regulation an d financial

____________ p ro d u cts, serv ices an d mark ets th ro u g h in d ep en d en t an d ex p ert ad v ice __________

Co mmo n w ealth G ran ts Co mmissio n

S ecretary : M r Jo h n S p as o ievic

Informed G o v ern men t d ecisio n s on fiscal eq u alisatio n b etw een th e S tates an d Territories th rough advice

_____________ an d reco mmen d atio n s on th e distribution of G ST rev en u e an d h ealth care g ran ts______________

A u stralian Co mp etitio n an d Co n s u mer Co mmissio n

Chairman: M r Rod S ims

Lawful competition, co n su mer protection, an d reg u lated national in frastru ctu re mark ets an d serv ices th ro u g h

regulation, including en fo rcemen t, ed u catio n , price monitoring an d determining

____________________________________th e terms of acces s to in frastru ctu re serv ices ____________________________________

A u stralian O ffice of F in an cial M an ag emen t

Chief Ex ecu tiv e O fficer: M r Rob Nichpjj

The ad v an cemen t of macro eco n o mic grow th an d stability, an d th e effectiv e o p eratio n of financial

mark ets, th rough issuing d eb t, investing in financial as s ets an d man ag in g d eb t, in v estmen ts an d cas h for

th e A ustralian G o v ern men t

D ep artmen t o f th e Treas u ry

S ecretary : Dr M artin P arkinson

Informed d ecisio n s on th e d ev elo p men t an d implementation of policies to improve th e w ellbeing of th e

A ustralian p eo p le, including by ach iev in g stro n g , su stain ab le eco n o mic grow th, th ro u g h th e provision of ad v ice

_____________________to g o v ern men t an d th e efficient administration of fed eral financial relations _____________________

A u stralian Tax atio n O ffice

Co mmissio n er: M r M ichael D'As cen zo A O

Co n fid en ce in th e administration of as p ects of A u stralia's taxation an d su p eran n u atio n sy s tems th ro u g h

helping p eo p le u n d erstan d their rights an d obligations, improving eas e of co mp lian ce an d acces s

to b en efits, an d man ag in g non-co mp lian ce with th e law

P o rtfo lio M in ister * D ep u ty P rime M in ister an d Treas u rer

Th e H on Way n e Sw an M P

A s s is tan t Treas u rer

Th e Hon D avid Bradbury M P

M in ister fo r F in an cial S erv ices an d S u p eran n u atio n

Th e H on Bill S h o rten M P

M in ister fo r H o u sin g

Th e H on Bren d an O 'Co n n o r M P

P arliamen tary S ecretary to th e Treas u rer

Th e Hon Bernie Ripoll M P ________________

83

Page 36

In sp ecto r-G en eral of Tax atio n

In sp ecto r-G en eral: Mr All N orooa

improved tax administration through community consultation, review an d ind ep en d en t advice to G overnment

Royal A u stralian M int

Chief Executive Officer: M r Ro ss M acD iarmid

The co in ag e n eed s of th e A ustralian economy, collectors an d foreign countries are met through the

man u factu re an d sale of circulating coins, collector coins an d o th er minted like products _______

O ffice of th e A uditing an d A s s u ran ce S tan d ard s Bo ard

Chairman: M s M erran Kelsall

The formulation an d making of auditing an d assu ran ce stan d ard s th at are u sed by auditors of A ustralian

___________________entity financial rep o rts or for o th er auditing an d as su ran ce en g ag emen ts _________________

P ro d u ctiv ity Co mmissio n

Chairman: Mr G ary Banks AO

Well-informed policy decision-making an d public u n d erstan d in g on matters relating to A ustralia's productivity

an d living stan d ard s, b ased on in d ep en d en t an d tran sp aren t analysis from a community-w ide p ersp ectiv e

O ffice of th e A u stralian A cco u n tin g S tan d ard s Bo ard

Chairman: Mr Kevin S tev en so n

The formulation an d making of accounting stan d ard s th at are u sed by A ustralian entities to p rep are

financial rep o rts an d en ab le u sers of th es e rep o rts to mak e informed decisions ___________

N atio n al Co mp etitio n Council

P resid en t: Mr D avid Craw ford

Competition in mark ets th at are d ep en d en t on acces s to nationally significant monopoly in frastructure, through

reco mmen d atio n s, an d d ecisio n s promoting th e efficient op eratio n of, u se of an d in v estmen t in infrastructure

Source: Portfolio Budget Statements 2012-13, Treasury portfolio, pp 6-7.

84

Administrative Arrangements Order for the Department of Industry, Innovation, Science, Research and Tertiary Education

[Extract from the Administrative Arrangements Order, made on 9 February 2012]

Appendix 8

PART 13 THE DEPARTMENT OF INDUSTRY, INNOVATION,

SCIENCE, RESEARCH AND TERTIARY EDUCATION

Matters dealt with by the Department

" Manufacturing and commerce including industry and market development

" Industry innovation policy and technology diffusion

" Promotion of industrial research and development, and commercialisation

" Biotechnology, excluding gene technology regulation

" Marketing of manufactures and services

" Enterprise improvement

" Construction industry, excluding workplace relations

" Small business policy and implementation

" Business entry point management

" Facilitation of the development of service industries generally

" Trade marks, plant breeders' rights and patents of inventions and designs

" Country of origin labelling ∑

" Weights and measures standards

" Civil space issues

" Analytical laboratory services

" Science policy

" Science engagement and awareness

" Promotion of collaborative research in science and technology

" Co-ordination of research policy

" Creation and development of research infrastructure

Page 38

" Commercialisation and utilisation of public sector research relating to portfolio

" programs and agencies

" Research grants and fellowships

" Information and communications technology industry development

" Food industry policy

" Foundation skills for adults

" Training, including apprenticeships and training and skills assessment services

" Support for introduction of a national occupation licensing system

" Higher education, skills and vocational education policy, regulation and programs

" Indigenous higher education and vocational training

" Policy, coordination and support for international education

" Income support policies and programs for students and apprentices

86

Administrative Arrangements Order for the Department of Resources, Energy and Tourism

[Extract from the Administrative Arrangements Order, made on 9 February 2012]

Appendix 9

PART 17 THE DEPARTMENT OF RESOURCES, ENERGY AND

TOURISM

Matters dealt with by the Department

" Energy policy

" Mineral and energy industries, including oil and gas, and electricity

" National energy market

" Energy-specific international organisations and activities

" Administration of export controls on rough diamonds, uranium and thorium

" Minerals and energy resources research, science and technology

" Tourism industry

" Geoscience research and information services including geodesy, mapping, remote sensing, groundwater and spatial data co-ordination

" Radioactive waste management

" Renewable energy technology development

" Low emissions fossil fuel energy

" Industrial energy efficiency

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Administrative Arrangements Order for the Department of the Treasury

[Extract from the Administrative Arrangements Order, made on 9 February 2012]

Appendix 10

PART 19 THE DEPARTMENT OF THE TREASURY

Matters dealt with by the Department

" Economic, fiscal and monetary policy

" Taxation

" Borrowing money on the public credit of the Commonwealth

" International finance

" Foreign exchange

" Financial sector policy

" Currency and legal tender

" Foreign investment in Australia

" Superannuation and retirement savings policy

" Business law and practice

" Corporate, financial services and securities law

" Corporate insolvency

" Competition and consumer policy

" Prices surveillance

" Excise

" Census and statistics

" Valuation services

" Commonwealth-State financial relations

" Consumer credit

" Housing supply policy

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The Senate

Education, Employment

and Workplace Relations

Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

© Commonwealth of Australia 2012

ISBN 978-1-74229-681-4

Printed by the Senate Printing Unit, Parliament House, Canberra.

ii

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MEMBERSHIP OF THE COMMITTEE

Members

Senator Gavin Marshall, Chair, ALP, Vic.

Senator Chris Back, Deputy Chair, LP, WA

Senator Catryna Bilyk, ALP, Tas.

Senator Bridget McKenzie, Nat., Vic.

Senator Lee Rhiannon, AG, NSW

Senator Matt Thistlethwaite, ALP, NSW

Secretariat

Mr Tim Watling, Secretary

Ms Bonnie Allan, Principal Research Officer

Ms Natasha Rusjakovski, Senior Research Officer

Mr Tim Hillman, Research Officer

Ms Sarah Bainbridge, Administrative Officer

PO Box 6100 Parliament House Canberra ACT 2600

Ph: 02 6277 3521 Fax: 02 6277 5706

E-mail: eewr.sen@aph.gov.au

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Table Of Contents

MEMBERSHIP OF THE COM M ITTEE............................................................iii

CHAPTER 1...................................................................................................................1

Introduction.................................................................................................................1

Terms of reference................................................... 1

Role of annual reports.............................................................................................. 2

Annual reports referred............................................................................................. 2

Reports not examined............................................................................................... 2

Method of assessment................................................................................................3

Timeliness in tabling annual reports........................................................................3

General comments on reports...................................................................................3

CHAPTER 2 ................................. 5

Review of annual reports ........................................................................................... 5

Department of Education, Employment and Workplace Relations ....................... 5

Safe Work Australia................................................................................................. 7

Australian Curriculum, Assessment and Reporting Authority (ACARA) ............. 7

Coal Mining Industry (Long Service Leave Funding) Corporation........................8

National Report to Parliament on Indigenous Education and Training, 2009 ...... 9

Comments made in the Senate.................................................................................9

Bodies not presenting annual reports to the Senate ................................................. 9

APPENDIX 1............................................................................................................... 11

Allocation of annual reports to the committee......................................................11

APPENDIX 2 ............................................................................................................... 13

Compliance table of annual reports referred........................................................13

APPENDIX 3 ....................... 15

Administrative Arrangements Order for the Department of Education, Employment and Workplace Relations..................................................................15

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CHAPTER 1

Introduction

1.1 This is the Senate Education, Employment and Workplace Relations Legislation Committee's (the committee) second 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 Amended. 24 August 1994, 13 February 1997, 11 November 1998, 3 December 1998, 13 February 2002, 19 November 2002, 14 August 2006: with effect from 11 September 2006, 13 May 2009: with effect on 14 May 2009.

2

Role of annual reports

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 November 2011 and 30 April 2012. The committee examined the following reports:

Departmental Reports

" Department of Education, Employment and Workplace Relations - Report for 2010-11

Prescribed agencies (under FMA act)

" Safe Work Australia - Report for 2010-11

Statutoiy authorities/bodies

" Remuneration Tribunal - Report for 2010-11

" Defence Force Remuneration Tribunal - Report for 2010-11 (also referred to the Senate Standing Committee on Foreign Affairs, Defence and Trade).

Commonwealth authorities (under the CACAct)

" Australian Curriculum, Assessment and Reporting Authority - Report for 2010-11

Commonwealth companies under the CAC Act

" Coal Mining Industry (Long Service Leave Funding) Corporation - Report for 2010-11

1.5 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

1.6 The committee is not obliged to report on Acts, statements of corporate intent, surveys, corporate plans or errata. The following document was referred to the committee but not examined:

" International Labour Organisation, Submission report on ILO instruments Domestic Workers Convention and Domestic workers recommendation, 2011 (nos. 189; 201).

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Method of assessment

1.7 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.

1.8 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

1.9 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.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

1.11 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.

General comments on reports

1.12 The committee has found, under the terms of standing order 25(20), that all reports described here are apparently satisfactory. In making this assessment, the

2 Department of Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, June 2009, p. 1.

3 Commonwealth Authorities and Companies Act 1997, section 9.

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committee considers aspects such as the timeliness of presentation and compliance with relevant reporting requirements.

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CHAPTER 2

Review of annual reports

2.1 This chapter examines selected annual reports in greater detail, and provides the Senate with information that may be of particular interest. The reports of the Department of Education, Employment and Workplace Relations, Safe Work Australia, the Australian Curriculum, Assessment and Reporting Authority, the Coal Mining Industry (Long Service Leave Funding) Corporation and the National Report to Parliament on Indigenous Education and Training 2009 are discussed in this chapter.

Department of Education, Employment and Workplace Relations

2.2 The Secretary's overview emphasised the role the Department of Education, Employment and Workplace Relations (DEEWR) played in the Government response to the economic downturn in 2010-11, and mentioned the resilience shown by the Department during its response to those affected by the natural disasters that struck many parts of Australia.1 The years 2010-11 saw the enaction of the Education and Care Services Law, the implementation of the National School Reform Plan and the launch of the MySchool website.1 2 DEEWR recorded a 30 per cent increase on job placements for Job Services Australia, as well as a rise in job placement numbers for disadvantaged groups, including Aboriginal and Torres Strait Islanders.3

2.3 DEEWR also saw its first departmental downsizing in over a decade. This incorporated a reduction in staff of more than 500 people, as well as a departmental review and restructure.4 Staffing policies would still remain responsive to business

needs, to ensure that its business systems continue to drive further improvements and efficiencies across DEEWR.5

2.4 The first of 38 Children and Family Centres funded through the National Partnership Agreement on Indigenous Early Childhood Development was opened in

1 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p. 2

2 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p. 3

3 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, P-4

4 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p. 4

5 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, P-4

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Belconnen in Canberra 2011.6 This centre focuses particularly on Aboriginal and Torres Strait Islander children from birth to the age of eight. It offers a range of services to support children's health, learning and development and trained professionals are made available to families at the centre. A total of $292.62 million in funding is being provided to establish the total of 38 centres across Australia.7

2.5 The Literacy and Numeracy National Partnership reward paid over $138 million to states and territories for improvement in raising educational outcomes in schools. Queensland and South Australia were able to achieve 100 per cent of the

available reward funding.8

2.6 The Higher Education Participation and Partnerships Program provided $56.4 million to assist universities to undertake strategies that improve access to undergraduate courses for people from low socioeconomic backgrounds. The funding also assists the implementation of plans to increase retention and completion rates of

this group.9

2.7 The new Disability Employment Services (DES) model was supplied with $1.7 billion to help increase the employment of people with a disability, as well as creating sustainable employment. DES provides access to tailored and personalised services to assist each individual in overcoming their own specific banders to employment.10 11

2.8 DEEWR has had positive feedback from the impact of the Homeworkers Code of Practice program. The Department received reports from workers on improvement of working conditions, an increase in workers receiving superannuation and a greater understanding of companies * obligations as well as employee legal entitlements.11

2.9 The Department also restated its commitment to reconciliation and noted the announcement of the first Indigenous Rhodes Scholar in December 2010; Rebecca Richards, who partook in multiple DEEWR programs in the past including the

6 The Department of Education, Employment and Workplace Relations, Annual Report 2010 *11, p. 19

7 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p. 19

8 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p. 41

9 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p.58

10 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p. 106

11 The Department of Education, Employment and Workplace Relations, Annual Report 2010-11, p. 122

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Indigenous Youth Mobility Program, the Indigenous Tutorial Assistance Scheme and the Indigenous Youth Mobility Program and the Indigenous Cadetship Scheme.12

2.10 The committee considers DEEWR's 2009-10 annual report to be well presented and in compliance with the reporting requirements of a Commonwealth department.

Safe Work Australia

2.11 Safe Work Australia was established as an independent statutory agency in 2009 to improve work health and safety (WHS) and workers' compensation arrangements in Australia.

2.12 The report detailed a number of goals that Safe Work Australia achieved in the 2010-11 period. These included the development of model WHS regulations and Codes of Practice that were due to be implemented by the end of December 2011 and the formation of a new work health and safety strategy to replace the National Occupational Health and Safety Strategy 2011-2012. Safe Work Australia also began the implementation of the National Workers' Compensation Action Plan 2010-2013 with work continuing into later years in order to achieve the four objectives laid out in the plan.13

2.13 Safe Work Australia Week celebrated its sixth year and was held between 24 and 30 October 2010. The event is held annually to raise awareness of workplace safety. In order to promote the week, a variety of activities were organised both inside and outside the agency.14

2.14 This annual report is well presented and easily navigated and the committee considers that this report has fulfilled all requirements. It is noted that the report was received by the Minister on 17 October, but not tabled until 9 November 2011.

Australian Curriculum, Assessment and Reporting Authority (ACARA)

2.15 The Australian Curriculum, Assessment and Reporting Authority (ACARA) was established in 2008 and is responsible for delivering a national curriculum, a national assessment program, and national data collection and performance reporting programs to improve the performance of school education.

2.16 ACARA announced that the first four learning areas of the Australian Curriculum were endorsed by federal, state and education ministers in 2010. These included English, Mathematics, Science and History. This represents a curriculum that

12 The Department of Education, Employment and Workplace Relations, Annual Report 2010-1 /, p.146

13 Safe Work Australia, Annual Report 2010-11, p. 8

14 Safe Work Australia, Annual Report 2010-11 , p.9

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all young Australians will study from foundation to year 10 with educational resources common to all students and teachers, regardless of their location.1 5

2.17 The My School Website 2.0 was released in March 2011 and recorded 150 000 visitors within the first twenty four hours. The new website helped parents and teachers access information on schools including the Index of Socio-Educational Advantage and comparable data on recurrent income and capital expenditure of

schools.15 16

2.18 In 2011, one million students across Australia partook in the NAPLAN tests. ACARA succeeded in improving the reliability and consistency of the administrative arrangements as well as testing accessibility options for students with a disability.17

2.19 ACARA has fulfilled all requirements necessary for its annual report and is commended for its comprehensiveness. However, the committee encourages timeliness in the presentation of annual reports and notes that this annual report was tabled on 7 February 2012.

Coal Mining Industry (Long Service Leave Funding) Corporation

2.20 The Coal Mining Industry (Long Service Leave Funding) Corporation was established in 1992 and provides reimbursement payments to employers providing long service leave to workers in the black coal mining industry in New South Wales, Queensland, Western Australia and Tasmania.

2.21 While performing its role the corporation reviewed the investment strategy of the Fund using a consulting asset consultant and reported its confidence that the Fund would record modest and sustainable investment returns in the following years. The reporting period saw a continued recovery in financial markets which improved the

financial standing of the Fund.18

2.22 The committee notes this report does not include information on the Corporation's environmental performance, disability strategy or occupational health and safety strategy. In addition, to improve useability of the report, the committee encourages the Corporation to include glossary, alphabetical and compliances indices

in future annual reports. It is also noted that this report was tabled on

27 February 2012.

15 Australian Curriculum, Assessment and Reporting Authority, Annual Report 2010-2011, p. 3

16 Australian Curriculum, Assessment and Reporting Authority, Annual Report 2010-2011, p. 3

17 Australian Curriculum, Assessment and Reporting Authority, Annual Report 2010-2011, p. 3

18 Coal Mining Industry (Long Service Leave Funding) Corporation, Annual Report 2010-11, p. ii

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National Report to Parliament on Indigenous Education and Training, 2009

2.23 The National Report to Parliament on Indigenous Education and Training was last tabled on 10 May 2011. This included the 2007 Annual Report and the 2008 Annual Report. The committee notes once again that the National Report to Parliament on Indigenous Education and training has not been produced this year and

strongly encourages the tabling of the 2009 edition to take place as soon as possible, to provide Parliament with the information necessary to properly assess indigenous education programs and progress.

Comments made in the Senate

2.24 The committee is obliged, under Senate Standing Order 25(20)(d), to consider any remarks made about these reports in the Senate. The committee is satisfied that there were no comments to consider for these reports.

Bodies not presenting annual reports to the Senate

2.25 The committee is required to report to the Senate each year on whether there are any bodies not presenting annual reports to the Senate which should. The committee is satisfied that there are no such bodies at this time.

Senator Gavin Marshall

Chair

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Allocation of annual reports to the committee

APPENDIX 1

Education, Employment and Workplace Relations

" Department of Education, Employment and Workplace Relations

Education

" Australian Curriculum, Assessment and Reporting Authority

" Australian Institute for Teaching and School Leadership Ltd [Teaching Australia]

" Australian Learning and Teaching Council Limited [formerly the Carrick Institute]

" Australian National Training Authority National Report [Australian vocational and further education and training system]

" Australian National University (ANU)

" Department of Education, Employment and Workplace Relations

" Indigenous Education (Targeted Assistance) Act 2000 * -Indigenous education and training *National report to Parliament

" Schools Assistance (Learning Together *Achievement Through Choice and Opportunity) Act 2004 *Report on financial assistance granted to each state in respect of

" Schools Assistance Act 2008 - Report on financial assistance granted to each state in respect of

Employment and Workplace Relations

" Air Passenger Ticket Levy (Collection) Act 2001

" Australian Building and Construction Commissioner -until 1 June 2012

" Coal Mining Industry (Long Service Leave Funding) Corporation

" Comcare Australia

" Defence Force Remuneration Tribunal1

" Department of Education, Employment and Workplace Relations

" Department of Education, Employment and Workplace Relations *

Agreement making under the Workplace Relations Act 1996

" Fair Work Australia

1 Forwarded to the Foreign Affairs, Defence and Trade Committee also.

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" Fair Work Ombudsman

" Remuneration Tribunal

" Safe Work Australia

" Safety, Rehabilitation and Compensation Commission

" Seafarers Safety, Rehabilitation and Compensation Authority (Seacare)

" Skills Australia

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Compliance table of annual reports referred List of annual reports referred by the Senate to the committee during the period 1 May 2011 to 31 October 2011

APPENDIX 2

Education, Employment and Workplace Relations portfolio

Body/Report Enabling legislation and timeliness Letter of Transmittal

Date

Submitted to/Received by Minister

Presented out of session Tabled Timeliness

Australian Curriculum, Assessment and Reporting Authority - Report for 2010-11

Commonwealth Authorities and Companies Act 1997

29/11/2011 Reps:

07/02/2012

Senate: 07/02/2012

Late

Coal Mining Industry (Long Service Leave Funding) Corporation

Coal Mining Industry (Long Service Leave Funding) Act 1996 and Commonwealth Authorities and Companies Act 1997

25/10/2011 Reps:

27/02/2012

Senate: 28/02/2012

Late

Defence Force Remuneration Tribunal - Report for 2010-11 Defence Act 1903 26/06/2011 26/10/2011 Reps:

31/10/2011

Senate: 01/11/2011

On time

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Body/Report Enabling legislation and timeliness Letter of Transmittal

Date

Submitted to/Received by Minister

Presented out of session Tabled Timeliness

Department of Education, Employment and Workplace Relations - Report for 2010-11

Public Service Act 1999 08/09/2011 08/09/2011 Reps:

13/10/2011

Senate: 01/11/2011

On time

Remuneration Tribunal - Report for 2010-11 Remuneration Tribunal Act 1973

01/10/2011 01/10/2011 Reps:

03/11/2011

Senate: 01/11/2011

On time

Safe Work Australia - Report for 2010-11 Safe Work Australia Act 200804/10/2011 18/10/2011 Reps: 21/11/2011

Senate: 09/11/2011

On time

APPENDIX 3

Administrative Arrangements Order for the Department of Education, Employment and Workplace Relations

[Extract from the Administrative Arrangements Order, made on 9 February 2012]

PART 6 THE DEPARTMENT OF EDUCATION, EMPLOYMENT AND

WORKPLACE RELATIONS

Matters dealt with by the Department

" Schools education policy and programs including schools, vocational, higher education and Indigenous education, but excluding migrant adult education

" Schooling transitions policy and programs including career pathways

" Education and training transitions policy and programs

" Employment policy, including employment services

" Job Services Australia

" Labour market and income support policies and programs for people of

working age

" Workplace relations policy development, advocacy and implementation

" Promotion of flexible workplace relations policies and practices

" Co-ordination of labour market research

" Occupational health and safety, rehabilitation and compensation

" Equal employment opportunity

" Work and family programs

" Services to help people with disabilities obtain employment, other than supported employment

" Youth affairs and programs

" Early childhood and childcare policy and programs

" Co-ordination of early childhood development policy and responsibilities, including Indigenous early childhood development

112

The Senate

Environment and Communications Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

© Commonwealth of Australia 2012

ISBN 978-1-74229-682-1

This document was printed by the Senate Printing Unit, Parliament House, Canberra

Committee membership

Members Senator Doug Cameron (ALP, NSW) (Chair) Senator Catryna Bilyk (ALP, TAS) Senator Simon Birmingham (LP, SA) Senator Bridget McKenzie (NATS, VIC) Senator the Hon Lisa Singh (ALP, TAS) Senator Larissa Waters (AG, QLD)

Committee Secretariat Ms Sophie Dunstone, Acting Secretary Ms Jacquie Hawkins, Research Officer

Committee Address Environment and Communications Legislation Committee PO Box 6100 Parliament House Canberra ACT 2600

Tel. 02 6277 3526

Fax\ 02 6277 5818

Email: ec.sen@aph.gov.au

Internet: ww.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees7urHec_ctte/ annual/index.htm 111

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iv

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Contents

Committee membership iii

Report to the Senate 1

Introduction 1

Annual reporting requirements 1

Apparently satisfactory 2

Purpose of annual reports 2

Reports referred to the committee 2

Remarks made in the Senate 4

Timeliness 4

Comments on annual report 6

Bodies not presenting annual reports to the Senate 7

Summary 7

Appendix 1 - Annual reports referred to the committee 9 V

V

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Report to the Senate

Introduction

1.1 By virtue of Senate Standing Order 25(20), the Senate refers to this committee for examination and report the annual reports of departments and agencies of the following three portfolios:

" Broadband, Communications and the Digital Economy;

" Climate Change and Energy Efficiency; and

" Sustainability, Environment, Water, Population and Communities.

1.2 Standing Order 25(20) requires that the 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.

1.3 This report deals with reports tabled in the Senate during the period from 1 November 2011 to 30 April 2012 as required by standing order 25(20)(f).

Annual reporting requirements

1.4 On 8 July 2011 the Joint Committee of Public Accounts and Audit (JCPAA) approved revised Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies (the Requirements) put forward by the Department of the Prime Minister and Cabinet. These Requirements apply to annual reports for the

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financial year ending on 30 June 2011.1 Under the Requirements, annual reports of departments and executive and prescribed agencies must be tabled by 31 October.1 2

1.5 Under section 48 of the Commonwealth Authorities and Companies Act 1997 (the CAC Act), the Minister for Finance outlines the annual reporting requirements for Commonwealth authorities and companies in the Commonwealth Authorities and Companies (Report of Operations) Orders. Section 9 of the CAC Act applies to Commonwealth authorities and specifies the deadline for the presentation of an annual report to the responsible minister. Section 36 of the CAC Act outlines the reporting obligations of Commonwealth companies.

1.6 Some statutory authorities are required to follow the Requirements if their head has the powers of a secretary as defined under the Public Service Act 1999.

1.7 Requirements 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

1.8 Standing order 25(20)(a) requires the committee to report to the Senate on whether annual reports are apparently satisfactory, in making this assessment, the committee considers such aspects as timeliness of presentation and compliance with relevant reporting requirements.

Purpose of annual reports

1.9 As stated in the Requirements, the primary purpose of annual reports is accountability, in particular to the Parliament. They inform the Parliament, other stakeholders, education and research institutions, the media and the general public about departments' performance in providing services. They are a key reference as well as an internal management document and form part of the historical record.4

Reports referred to the Committee

1.10 This report reviews five reports from the Broadband, Communications and the Digital Economy portfolio; one report from the Climate Change and Energy

1 Revised Requirements, dated 8 July 2011, to apply to annual reports for the financial year ending on 30 June 2011, are available at www.dpmc.gov.au/guidelines/index.cfm.

2 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, 8 July 2011, p. 2.

3 Official Senate Hansard , 8 December 1987, pp 2643 *45.

4 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, 8 July 2011, p. 3.

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Efficiency portfolio and six reports from the Sustainability, Environment, Water, Population and Communities portfolio.

1.11 The following reports have been referred to the committee:

Prescribed agencies Murray-Darling Basin Authority Annual Report 2010-2011 Office of the Renewable Energy Regulator Annual Report 2011

Statutory authorities Great Barrier Reef Marine Park Authority Annual Report 2010-11 National Environment Protection Council Annual Report 2010-2011 Sydney Harbour Federation Trust Annual Report 2010-2011

Reports on the operation of Acts Australian Broadcasting Corporation Equity and Diversity Annual Report 2010-2011 Australian Communications and Media Authority

Communications Report 2010-2011 Australian Competition & Consumer Commission Telstra's compliance with the retail price control arrangements

2010-2011 Australian Postal Corporation (Australia Post) Statement of Corporate Intent 2011/12-2013/14 Department of Broadband, Communications and the Digital Economy

Report on Digital Television Transmission and Reception, February 2012 Department of Sustainability, Environment, Water, Population and Communities

Australian State of the Environment Committee Australia State of the Environment 2011 COAG Review of the National Water Commission, December 2011.

1.12 Appendix 1 provides an alphabetical record in more detail, including:

" the basis under which the organisation operates, for example, department or statutory authority;

" dates indicating the progressive stages in presentation of the annual reports; and

" the date each report was tabled in, or deemed to be presented to, the

Senate.

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4

Remarks made in the Senate

1.13 As required under the terms of Standing Order 25(20)(d), the committee notes that the annual reports of the following agencies were the subject of comment in the Senate:

" Wet Tropics Management Authority3

" Australian Postal Corporation (Australia Post)5 6

" Great Barrier Reef Marine Park Authority7

" National Water Commission8.

1.14 The committee notes that the following annual reports, reported on in this report, remain on the Notice Paper for consideration under Orders of the Day relating to Government Documents:

" Wet Tropics Management Authority and State of the Wet Tropics

" Great Barrier Reef Marine Park Authority

" Australian Postal Corporation (Australia Post) Statement of Corporate Intent 2011/12 to 2013/149.

Timeliness

1.15 The Requirements state that if a department is unable to meet the tabling deadline, the secretary may seek an extension of time to report under the provisions of subsections 34C(4)-(7) of the Acts Interpretation Act 1901, by advising the responsible minister of the reasons for the slippage. The responsible minister is to table this explanation in the Parliament on the next available sitting day.10

1.16 All reports reviewed in this report were tabled after 31 October. The terms of section 9 of the CAC Act require that annual reports be given to the responsible Minister by 15 October. As a matter of policy, they also apply to prescribed agencies under section 5 of the Financial Management and Accountability Act 1997 (the FMA Act). Under section 36 of the CAC Act, the content of annual reports of

5 Senator McLucas, Senate Hansard, 2 November 2011, p. 8042.

6 Senator Macdonald, Senate Hansard, 1 March 2012, p. 1456.

7 Senator Cameron, Senate Hansard, 22 March 2012, p. 2666.

8 Senator McKenzie, Senate Hansard, 22 March 2012, p. 2669.

9 Senate Notice Paper No. 106, pp 12-13.

10 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, Canberra, 8 July 2011, p. 2.

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Commonwealth companies is based on reporting requirements under the Corporation Act 2001.11

1.17 The committee notes that the annual report of the Murray-Darling Basin Authority did not meet the reporting deadlines. The report was both submitted to and received by the Minister on 8 December 2011. It was received in the Senate on

15 December 2011 and tabled in the Senate on 7 February 2012, thereby missing two deadlines: presenting to the minister by 15 October and tabling by the 31 October.

1.18 The annual report of the Great Barrier Reef Marine Park Authority was both submitted to and received by the Minister on 30 September 2011, however the report was not presented until 15 November 2011 and was tabled in the Senate on

21 November 2011.

1.19 In previous reports on annual reports, the committee has acknowledged advice from the National Environment Council that its enabling legislation requires it to include reports by each member of the Council (that is Commonwealth, State and Territory ministers) in its annual report which leads to its report being tabled after

31 October each year.11 12

1.20 The committee does note that the annual report of the Office of the

Renewable Energy Regulator was tabled on 21 March 2012. However this particular report covers a calendar rather than a financial year.

1.21 The Requirements state that 'where an agency's own legislation provides a timeframe for its annual report...that timeframe applies... However, it remains the Government's policy that all annual reports should be tabled by 31 October'.13 14

1.22 The Requirements continue:

If Senate Estimates is scheduled to occur prior to 31 October, it is best practice for annual reports to be tabled prior to those hearings.54

1.23 The committee encourages agencies to table annual reports in a timely manner.

11 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, Canberra, 8 July 2011, p. 1.

12 See, for example, Environment and Communications Legislation Committee, Annual Reports (No 2 of 2011), September 2011; Environment, Communications and the Arts Legislation Committee, Annual reports (No. 2 o f2009), September 2009; and Environment, Communications, Information Technology and the Arts Legislation Committee, Annual reports (No. 2 of2002), September 2002, pp 28-29.

13 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, Canberra, 8 July 2011, p. 2.

14 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, Canberra, 8 July 2011, p. 2.

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Comments on annual reports

Murray-Darling Basin Authority *Annual Report 2010-2011

1.24 The Authority's report notes that widespread drought-breaking flooding during the reporting period replenished dams and rivers and revitalised wetlands and floodplains but also significantly affected numerous Authority program activities, including capital works.15

1.25 The report notes significant progress in the development of the draft Basin Plan, including participating in community information sessions and consultation with stakeholders which generated considerable public feedback.16 It also highlights the activities of the various Authority divisions in achieving its outcome of 'equitable and sustainable use of the Murray-Darling Basin'.17

1.26 During the year the Hon Craig Knowles was appointed Chair of the Authority and a new Chief Executive, Dr Rhondda Dickson, was appointed.18

1.27 The committee does note that the Auditor's Report advises that the MDBA:

...has become aware that there is an increased risk of non-compliance with Section 83 of the Constitution where payments are made from the special account in circumstances where the payments do not accord with conditions included in the relevant legislation.

and that the Authority will investigate these circumstances.19

Great Barrier Reef Marine Park Authority *Annual Report 2010-11

1.28 The report notes the work done by the Authority in addressing identified key risks to the reef such as climate change, declining water quality from catchment run≠ off, loss of coastal habitats from coastal development and impacts of fishing and poaching.20

1.29 During the reporting year funding was provided to the Authority to enable an Extreme Weather Response Program to be implemented as a result of major flooding along the southern Reef coast and the impact of the category 5 cyclone Yasi. The program will enable assessment of the impacts of extreme weather on the Reef

15 Murray-Darling Basin Authority Annual Report 2010-11, p. 5.

16 Murray-Darling Basin Authority Annual Report 2010-11, p. 6.

17 Murray-Darling Basin Authority Annual Report 2010-11, pp 1-3.

18 Murray-Darling Basin Authority Annual Report 2010-11, pp 6-7.

19 Murray-Darling Basin Authority Annual Report 2010-11, Financial Statements, p. 212.

20 Great Barrier Reef Marine Park Authority Annual Report 2010-11, p. 3.

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ecosystem, assist Reef industries to prepare for and adapt to future impacts, and inform future management responses.21

1.30 The Authority continues to work with Traditional Owner groups on activities related to Traditional Use of Marine Resources Agreements and has provided one-off grants to allow Traditional Owners to carry out environmental initiatives on their traditional land and sea country.22

1.31 Other programs such as the Reef Guardian Farmers program, the Reef Guardian Fishers pilot program and the Reef Guardian program enable the participation of sector and community groups to be involved in programs to preserve the Reefs 'social, economic and environmental value'.23

1.32 The Reef HQ Aquarium is the national education centre for the Great Barrier Reef and a focus for more than 120,000 visitors from around the country and overseas. During the reporting year it has won the major tourism attraction, ecotourism and new product development awards at the North Queensland Tourism Awards and was inducted into their hall of fame.24

Bodies not presenting annual reports to the Senate

1.33 Standing Order 25(20)(h) requires the committee to report to the Senate each year whether there are any bodies which do not present annual reports to the Senate which should present such reports. The committee is aware of no such body.

Summary

1.34 Standing Order 25(20)(a) requires the committee to report to the Senate on whether annual reports are apparently satisfactory. In making this assessment, the committee considers such aspects as timeliness of presentation and compliance with relevant reporting requirements.

1.35 The committee finds that the annual reports referred to it have provided an appropriately comprehensive description of the activities of the reporting bodies and were of a conunendably high standard of presentation. They generally met the requirements of the various guidelines that apply to them and were timely in their presentation to the Parliament, except where noted above.

21 Great Barrier Reef Marine Park Authority Annual Report 2010-11, p. 3.

22 Great Barrier Reef Marine Park Authority Annual Report 2010-11, p. 5.

23 Great Barrier Reef Marine Park Authority Annual Report 2010-11, p. 5.

24 Great Barrier Reef Marine Park Authority Annual Report 2010-11, p. 6.

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1.36 Accordingly, the committee reports its finding that the annual reports referred to it for examination and tabled in the period under examination were apparently satisfactory.

Senator Doug Cameron Chair

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APPENDIX 1

Annual reports referred to the Environment and Communications Legislation Committee between 1 November 2011 and 30 April 2012

Broadband, Communications and the Digital Economy portfolio

Name Type2' Dates25 26 Tabled27

Australian Broadcasting Corporation Equity and Diversity Annual Report 2010-11

Report on the operation of an Act

A. -

B. 07/02/12 C. 07/02/12

20/03/12

Australian Communications and Media Authority Communications report 2010-11

Report on the operation of an Act

A. 26/10/11 B. 01/12/11 C. 01/12/11

07/02/12 (Received 12/12/11)

Australian Competition & Consumer Commission Telstra's compliance with the retail price control arrangements report 2012 *11

Report on the operation of an Act

A. -

B. 16/02/12 C. 17/02/12

13/03/12

Australian Postal Corporation Statement of Corporate Intent 2011/12-2013/13

Report on the operation of an Act

A. -

B. 20/02/12 C. 20/02/12

20/03/12

Department of Broadband, Communications and the Digital Economy Report on Digital Television Transmission and Reception, February 2012

Report on the operations of Acts

A. -

B. 04/01/12 C. 04/01/12

07/02/12

25 Statutory Authority includes statutory office-holders.

26 Dates shown are: A The date shown on a letter of transmittal printed with the annual report (if any) B Date submitted to the Minister, as recorded in the Senate's Order of Business (if any) C Date received by the Minister, as recorded in the Senate's Order of Business (if any)

27 The date in parenthesis shows the date that the report was presented out of session to the President / Deputy President / Temporary Chairman of Committees.

10

Climate Change and Energy Efficiency portfolio

NameType Dates Tabled

Office of the Renewable Energy RegulatorPrescribed A. March 2012 21/03/12 Annual Report 2011 agency B. 22/02/12

C. 22/02/12

Sustainability, Environment, Water, Population and Communities portfolio

NameType Dates Tabled

Australian State of the Environment Committee Australia State of the Environment 2011

Report on the operation of an Act

A. -

B. 25/11/11 C. 25/11/11

07/02/12 (Received 12/12/11)

COAG Review of the National Water Commission Report on the operation of

an Act

A. -

B. 06/12/11 C. 06/12/11

14/03/12

Great Barrier Reef Marine Park Authority Annual report 2010 *11 , Prescribed agency

A. 28/10/11 B. 30/09/11 C. 30/09/11

21/11/11 (received 15/11/11)

Murray-Darling Basin Authority Annual Report 2010-2011 Prescribed agency

A. 17/11/11 B. 08/12/11 C. 08/12/11

07/02/12 (Received 15/12/12)

National Environment Protection Council Annual Report 2010-2011 Statutory authority

A. -

B. 12/01/12 C. 13/01/12

08/02/12

Sydney Harbour Federation Trust Annual Report 2010-11 Statutory authority

A. 23/09/11 B. 19/10/11 C. 19/10/11

08/11/11

128

The Senate

Finance and Public Administration

Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

129

© Commonwealth of Australia 2012

ISBN 978-1-74229-683-8

Senate Finance and Public Administration Committee Secretariat:

Ms Christine McDonald (Secretaiy)

Dr Jon Bell (Principal Research Officer)

Ms Margaret Cahill (Research Officer)

Ms Diana Harris (Administrative Officer)

The Senate PO Box 6100 Parliament House Canberra ACT 2600 Ph: 02 6277 3530

Fax: 02 6277 5809 E-mail: fpa.sen@aph.gov.au Internet: www.aph.gov.au/senate_fpa

Printed by the Senate Printing Unit, Parliament House, Canberra. ii

ii

130

Membership of the Committee

Members

Senator Helen Polley (Chair) Senator Scott Ryan (Deputy Chair) Senator Richard Di Natale Senator the Hon John Faulkner Senator Arthur Sinodinos Senator the Hon Ursula Stephens iii

ALP, Tasmania LP, Victoria AG, Victoria ALP, New South Wales LP, New South Wales ALP, New South Wales

iii

131

132

TABLE OF CONTENTS

Membership of the Committee................................................................................ iii

Chapter 1...................................................................................................... 1

Report on annual reports............................................................................................1

Introduction................................................................................................................1

Terms of reference..................................................................................................... 1

Allocated portfolios...................................................................................................2

Method of assessment................................................................................................2

Reports examined......................................................................................................3

Reports not examined................................................................................................4

Reports held over.......................................................................................................4

Non-reporting bodies.................................................................................................5

Timeliness...................................................................................................................5

Senate debate............................................................................................................. 6

Selected agencies and reports ................................................................................... 6

Appendix 1.....................................................................................................................11

Dates relating to the presentation of reports between 1 November 2011 and 30 April 2012*......................................................11 V

V

133

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Chapter 1

Report on annual reports

Introduction

1.1 This is the Senate Finance and Public Administration Legislation Committee's (the committee) second report on annual reports for 2012. It provides an overview of the committee's examination of annual reports for the 2010-11 financial year presented to the Parliament between 1 November 2011 and 30 April 2012. Copies of

this and other committee reports can be obtained from the Senate Table Office, the committee secretariat or online at: www.aph.gov.au/senate fpa.

Terms of reference

1.2 Under Senate Standing Order 25(20) the annual reports of certain departments and agencies stand referred to committees for examination and assessment. Each committee is required 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 the 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.

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Allocated portfolios

1.3 The Senate allocated departments and agencies to committees on

8 February 2012. In accordance with that resolution, the committee has responsibility for the oversight of the following:

" Parliament;

" Prime Minister and Cabinet portfolio; and

" Finance and Deregulation portfolio.

1.4 There are no changes to the departments and agencies within the committee's allocated portfolios since the committee's last report on annual reports tabled on 15 March 2012.

Method of assessment

1.5 Annual reports provide one of the key mechanisms, together with the Estimates process, for scrutiny of the operations of Government. As stated in the Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies 'the primary purpose of annual reports of departments is accountability, in particular to the parliament'.

1.6 Senate Standing Order 25(20) requires that the committee examine reports referred to it to determine whether they are timely and 'apparently satisfactory'. The committee must consider whether the reports comply with the relevant legislation and guidelines for the preparation of annual reports in forming its assessment. The principal legislation which applies to departments, statutory agencies and authorities, and Commonwealth companies are:

" Public Service Act 1999 ;

" Parliamentary Service Act 1999 ;

" Financial Management and Accountability Act 1997 (FMA Act); and

" Commonwealth Authorities and Companies Act 1997 (CAC Act).

1.7 Statutory authorities also report under their respective enabling legislation.

1.8 The committee also assesses whether reports comply with the Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies (the PM&C Requirements), issued by the Department of the Prime Minister and Cabinet with the approval of the Joint Committee of Public Accounts and Audit under

subsections 63(2) and 70(2) of the Public Sendee Act 1999. This is the authoritative source outlining the requirements for preparing and presenting annual reports for bodies prescribed under the FMA Act. The latest version of the PM&C Requirements was issued on 28 June 2012 and will apply to annual reports for the financial year

2011- 12.

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1.9 Commonwealth authorities and companies reporting under the CAC Act are required to comply with the Commonwealth Authorities (Annual Reporting) Orders 2011 and the Commonwealth Companies (Annual Reporting) Orders 2011, respectively. These Orders set out the requirements for the preparation of annual reports and replaced the Commonwealth Authorities and Companies (Report of Operations) Orders 2008. The new orders apply to annual reports relating to the financial year ending on or after 30 June 2012, with the exception to clauses dealing with related entity transactions, which will apply to annual reports for each financial year ending on or after 30 June 2013.

1.10 The explanatory statement accompanying the new orders relating to Commonwealth authorities, states that the new orders are more user-friendly and 'broaden the scope of information to be reported in the Annual Report of Operations to better reflect public sector standards of accountability and transparency.'1

1.11 The new orders relating to annual reporting of Commonwealth companies are modelled on the equivalent orders applying the Commonwealth authorities and are the first reporting orders to be issued for wholly-owned Commonwealth companies. Wholly-owned Commonwealth companies will be required to report on specific matters in their annual reports, in addition to what is already required by the

Corporations Act 2001.1 2

1.12 The Finance Minister has a role in the oversight of Commonwealth authorities that are also classified as a government business enterprise (GBE) as set out in the CAC Act. The annual reports of GBEs must provide an assessment of the entity's financial condition, dividends and community service obligations over the financial year.

1.13 The committee determines whether the report of an agency satisfactorily meets reporting requirements by assessing it against the PM&C Requirements, in particular, the checklist at Attachment F in the requirements; its respective enabling legislation; and where necessary, the Corporations Act 2001.

Reports examined

1.14 During the period of 1 November 2011 to 30 April 2012, 11 annual reports were tabled in the Senate or presented 'out of session' to the President of the Senate,3 and referred to the committee for examination. The reports are categorised as follows:

1 Explanatory Statement, Commonwealth Authorities (Annual Reporting) Orders 2011, p. 1.

2 Explanatory Statement, Commonwealth Companies (Annual Reporting) Orders 2011, p. 1.

3 Excluding reports tabled by 31 October 2011 in the House of Representatives which were examined in the committee's Report 1 of 2012.

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4

Statutoiy agen cies/auth orities

" Commonwealth Ombudsman - Report for 2010-11 - pursuant to subsection 19(4) of the Ombudsman Act 1976; and

" Independent National Security Legislation Monitor - Report for the period 21 April 2011 to 30 June 2011.

Reports not examined

1.15 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 in this report:

" Australian Public Service Commission *State of the Service Report 2010-11;

" Australian Electoral Commission *Election 2010 *Funding and disclosure report;

" Department of Finance and Deregulation *Certificate of compliance - Report for 2010-11;

" Department of Finance and Deregulation *Consolidated financial statements for the year ended 30 June 2011;

" Department of Finance and Deregulation *Issues from the advances under the annual Appropriation Acts - Report for 2010-11;

" Department of Finance and Deregulation- *Campaign advertising by Australian government departments and agencies - Report for the Period 1 July to 31 December 2011;

" Members of Parliament (Staff) Act 1984 *Report for 2010-11;

" Mid-year economic and fiscal outlook - 2011-12 *Statement by the

Treasurer and the Minister for Finance and Deregulation; and

" Commonwealth Electoral Act 1918 *2011 Redistribution into electoral divisions - South Australia - Report.

Reports held over

1.16 The following reports were tabled in the Senate after 30 April 2012 and will therefore be considered in the committee's next report on annual reports, due to be presented to the Senate in early 2013:

" Medibank Private *Statement of corporate intent 2011-2014; and

´ Australian River Co. Limited *Report for the period 1 December 2010 to 3 0 November 2011.

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Non-reporting bodies

1.17 Standing Order 25(20)(h) requires that the committee inquire into, and report on, any bodies which do not present annual reports to the Senate but should present such reports.

1.18 On this occasion, the committee makes no recommendation for any organisations not presenting an annual report to do so.

Timeliness

1.19 All annual reports are required to be tabled in Parliament by 31 October each year unless another date is specified in an agency's legislation, charter and/or terms of reference. The PM&C Requirements state that 'it remains the Government's policy that all annual reports should be tabled by 31 October'. The committee considers timeliness in annual reporting an important element in accountability and continues to encourage FMA Act bodies to follow this policy.

1.20 The annual report of the Commonwealth Ombudsman was submitted to and received by the Minister on 23 December 2011, and tabled in the Senate on 7 February 2012. Section 19 of the Ombudsman Act 1976 requires the Ombudsman to:

...as soon as practicable, and in any event within 6 months, after each

30 June submit to the Minister, for presentation to the parliament, a report of the operation of the Ombudsman during the year that ended on that

30 June.4

__________________________________________________________________________________________________5_

Where the Ombudsman submits a report to the Minister under subsection (1) or (2), the Minister shall cause the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.5

1.21 Although the agency met its legislative requirement for the tabling of its annual report, the committee would encourage the Ombudsman to observe the timeframe for the tabling of annual reports as specified in the PM&C Requirements and applicable to FMA Act bodies, that is, by 31 October, and as best practice, prior to the Senate supplementary budget estimates hearings.6 The committee acknowledges that the office underwent a period of transition in October 2011 with the appointment of Ms Alison Larkins as the Acting Commonwealth Ombudsman. It is further noted that Ms Larkins' letter of transmittal states her preference for the report to be presented out of session before Parliament met in February 2012.7

4 Ombudsman Act 1976, subsection 19(1).

5 Ombudsman Act 1976, subsection 19(4).

6 Department of the Prime Minister and Cabinet, Requirements for Annual Reports, p. 2.

7 Commonwealth Ombudsman Annual Report 2010 *11, p. iii.

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1.22 The first report of the Independent National Security Legislation Monitor (INSLM) was tabled in the Senate on 20 March 2012, in accordance with legislative requirements. The timing of the tabling of this report is discussed further in the section dealing with this report.

1.23 Appendix 1 lists the annual reports tabled (or presented) in the Senate between 1 November 2011 and 30 April 2012s and referred to the committee with relevant tabling dates.

Senate debate

1.24 Few annual reports are debated in the Senate, but many remain on the Senate Notice Paper for future consideration. There are several reports on the Notice Paper, however the committee is not aware of any Senate debates relating to the reports examined.

Selected agencies and reports

1.25 The committee examined the Commonwealth Ombudsman Annual Report 2010-11 and the first report of the newly established Independent National Security Legislation Monitor for the period 21 April to 30 June 2011.

Office of the Commonwealth Ombudsman

1.26 The Acting Ombudsman, Ms Alison Larkins, advised in the foreword to the report that there was a four per cent increase in approaches and complaints8 9 to the office from the previous year. Of the 38,919 approaches and complaints made about government agencies, 51 per cent were considered to be complaints within the office's jurisdiction.10 11 It was further noted in the report that across the whole office,

complaints and approaches received have increased by 16.8 per cent over the last five years.11

1.27 The report noted a high level of responsiveness by relevant agencies to the recommendations in the 13 formal reports published by the office throughout the year, which examined systemic administrative problems across government agencies. It was reported that 90 per cent of recommendations were accepted by agencies in full, and a further nine per cent in part.12

8 Excluding reports tabled in the House of Representatives by 31 October 2011.

9 The report explained that approaches are any contact with the office; while complaints are approaches that are within the office's jurisdiction. See Commonwealth Ombudsman Annual Report 2010-11 p. 2.

10 Commonwealth Ombudsman Annual Report 2010-11, p. viii.

11 Commonwealth Ombudsman Annual Report 2010-11, p. 2.

12 Commonwealth Ombudsman Annual Report 2010-11, p. viii.

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1.28 The report highlighted some of the results from two surveys conducted during 2010-11 which sought to identify public awareness and government agency satisfaction. The survey of Australian and ACT Government agencies revealed 81 per cent of participants rating their satisfaction with the office as 7 out of 10 or better. It was further reported that participants expressed largely positive attitudes towards the Ombudsman in terms of independence, trustworthiness, accountability, impartiality and impact on improving government relations.13

1.29 The public awareness survey revealed that 66 per cent of participants were aware of the Ombudsman. While the report noted that this result was consistent with previous surveys, the committee would hope to see this figure increase in future and will monitor with interest, the strategies implemented to better target the provision of information about the services provided by the Ombudsman. The survey also identified a number of sections of the Australian community which are less likely to be aware of the office, including young people, women, and people from culturally and linguistically diverse backgrounds.14 15

1.30 Among the range of specialist roles performed by the Ombudsman, one area of particular interest to the committee was the increase in the number of the approaches and complaints to the Immigration Ombudsman over recent years. It was reported that there was a 34 per cent increase in 2010-11 from the previous year in approaches and complaints and that this figure has been increasing for most years since 2004-05.13 The increase for 2010-11 was attributed to the increased number of irregular maritime arrivals (IMAs) who complained to the office, particularly as a result of the office's active visits program where more than 90 per cent of detention- related complaints were made.16 17 It was acknowledged that the increase in the number of IMAs on Christmas Island and their placement in detentions centres in both remote and metropolitan locations has required the office to expand its inspection program and has presented new challenges in the provision of detentions reviews. It was noted that:

Despite these challenges we continued our program of inspections of immigration detention facilities, own motion investigations into systemic issues, and ongoing engagement with the department through regular meetings, briefings and consultation on proposed initiatives. This preventive approach helped to reduce the volume of complaints received about systemic issues and enabled the department to quickly implement processes to address underlying problems.1

____________________________________________________________________________________________ 7_

13 Commonwealth Ombudsman Annual Report 2010-11, p. viii.

14 Commonwealth Ombudsman Annual Report 2010-11, pp viii and 7.

15 Commonwealth Ombudsman Annual Report 2010-17, pp 102-103.

16 Commonwealth Ombudsman Annual Report 2010-11, p. 102.

17 Commonwealth Ombudsman Annual Report 2010-11, p. 102.

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1.31 The committee notes that the office gained the new specialist function of Overseas Student Ombudsman on 9 April 2011. This role requires the investigation of complaints from overseas students, about problems with private education and training in Australia. Up until 30 June 2011, the Overseas Student Ombudsman received 161 approaches and complaints about more than 50 education bodies. The office reported an initial positive response from bodies within the sector to the Ombudsman's recommendations arising from complaint investigations.18

1.32 The office reported an operating surplus of $0,226 million for the financial year 2010-11, which compares to a deficit of $1,120 million for the previous financial year. The surplus was attributed to a 7 per cent increase in revenue.19 The agency received an unqualified auditor's report on its financial statements for 2010-11.20

1.33 The performance review chapter of the report is well presented, and addresses the key performance indicators and deliverables as listed in the Portfolio Budget Statement. This chapter provides an analysis of results against each of the agency's key objectives and the committee notes that most objectives were met. However, the office's performance relating to timeliness of investigating complaints was slightly down on the previous year in some aspects. For example, in 2010-11 the office finalised 75 per cent of all approaches and complaints within one month of receipt (down from 77 per cent in the previous year).21 It was also noted that for the year under review, 20.5 per cent of investigated complaints were finalised in one month (down from 24 per cent) and 59.7 per cent were finalised in three months (down from almost 64 per cent).22 It was explained in the report that the decrease in timeliness reflects the increased complaint numbers.23

1.34 The report closely adheres to the PM&C Requirements for Annual Reports and the committee considers it to be 'apparently satisfactory'.

Independent National Security Legislation Monitor

1.35 This is the first annual report of the Independent National Security Legislation Monitor (INSLM) following the appointment of Mr Bret Walker SC to the office on 21 April 2011.

1.36 The report outlines the functions of the INSLM as:

...the review of the operation, effectiveness and implications of Australia *s counter-terrorism and national security legislation (CT Laws) and other

18 Commonwealth Ombudsman Annual Report 2010-11, pp 3 and 5.

19 Commonwealth Ombudsman Annual Report 2010-11, p. 40.

20 Commonwealth Ombudsman Annual Report 2010-11, pp 180-181.

21 Commonwealth Ombudsman Annual Report 2010-11, p. 26.

22 Commonwealth Ombudsman Annual Report 2010-11, p. 27.

23 Commonwealth Ombudsman Annual Report 2010 *11, p. 28.

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related laws, and consideration whether those laws contain appropriate safeguards for protecting the rights of individuals, remain proportionate to any threat of terrorism or threat to national security or both, and remain necessary.24

1.37 The report is prepared pursuant to section 29 of the Independent National Security Legislation Monitor Act 2010 (Cth), which requires the INSLM to prepare and provide to the Prime Minister an annual report as soon as practicable after 30 June in each financial year and in any event by the following 31 December. The Prime Minister must table the annual report within 15 sitting days after the day of receipt. On this occasion, the INSLM met the reporting requirement, with the report being provided to the Prime Minister on 16 December 2011 and tabled in the Senate on 20 March 2012.

1.38 This initial annual report draws on the work completed by the INSLM up to December 2011, rather than 30 June 2011, to allow adequate time for review and consideration of relevant matters.25 In February 2012, prior to the tabling of the report, Mr Walker explained to the committee at the additional estimates 2011-12 hearings his decision on the timing of the tabling of the initial report:

I chose to delay, 1 should say within the statutory period but towards the end of the statutory period, my first annual report so as to use it in the

following way. I decided the area was one that required a deal of attention to comparative law, a deal of attention to commentaiy *academic and otherwise outside of government *but, of course, in particular

understanding the functions, operations and priorities of the agencies in question. All of that meant that I had a deal of meeting to do, which I have done *not accomplished but started. I have a lot of reading to do, a lot of

which I have done but I fear will never be accomplished because it is

published I think more quickly than anyone can read it and, in particular, a deal of research into comparative law, practice and commentary.

My first annual report therefore goes beyond reporting on my activities up to 30 June last and contains a preliminary survey of the whole area of all the statutes in question,26

1.39 The report provides background on the policy and principles which form the basis for the INSLM's scrutiny of counter-terrorism law. It also provides a summary of Australia's international obligations, particularly concerning counter-terrorism, international security and human rights, which the INSLM will focus on when

assessing the counter-terrorism laws. The remaining chapters of the report cover the relevant provisions of counter-terrorism and national security legislation as defined in section 4 of the INSLM Act.

24 Independent National Security Legislation Monitor Annual Report 16 December 2011, p. 1.

25 Independent National Security Legislation Monitor Annual Report 16 December 2011, p. 2.

26 Mr Bret Walker SC, Committee Hansard, 13 February 2012, p. F&PA 60.

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1.40 Appendix 3 of the report contains a list of 63 questions/issues raised in the body of the report and which will be a priority for consideration by the INSLM in 2012.27 Mr Walker elaborated on the focus of the forward work program at the additional estimates hearing:

I have assembled questions which I believe arise on the face of the statutes and consideration of their operation and thought about their compliance with international law evoke. The work program for the next period * which formally ends on 30 June, but I can see tasks which will go beyond that *has been set pretty much by the set of questions I have raised for

myself at the end of my first report.

They will focus, I can tell the committee, first of all and particularly on the only one of the extraordinary powers to have been used *namely, the ASIO questioning warrants *and the bracketing of powers that it is sensible to consider alongside them. There will also be questioning and detention warrants, which have never been issued; control orders, which, with two well-known exceptions, have not been used; and preventative detention orders, which have not been used. I intend that my inquiries commencing very soon with the relevant agencies will be focusing on those

extraordinary powers first.28

1.41 Given the short time the INSLM has been operating, the committee was impressed by the comprehensive initial report presented and looks forward to receiving future reports of the INSLM.

Senator Helen Polley Chair

27 Independent National Security Legislation Monitor Annual Report 16 December 2011 , pp 67 * 70.

28 Mr Bret Walker SC, Committee Hansard, 13 February 2012, p. F&PA 60.

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Appendix 1

Dates relating to the presentation of reports between 1 November 2011 and 30 April 2012* Reporting Body Sent to MinisterReceived by Tabled in the SenateTabled in the

Ministeror presented out of House of

sitting (*) Representatives

PRIME MINISTER AND CABINET PORTFOLIO

Australian Public Service9 November 2011 9 November 2011 7 February 2012 24 November Commission *State of the Service Report for 2010-11 2011

Commonwealth Ombudsman * Report for 2010-11 23 December 2011 23 December 2011 7 February 2012 7 February 2012

Independent National Security Legislation Monitor - Report for the period 21 April to 30 June 2011

16 December 2011 16 December 2011 20 March 2011 19 March 2012

FINANCE AND DEREGULATION PORTFOLIO

Australian Electoral 20 October 2011 20 October 2011 14 November 2011 *21 November Commission - Election 2010- Funding and disclosure report 2011

Department of Finance and Deregulation *Certificate of compliance *Report for 2010≠ 11

9 December 2011 9 December 2011 25 January 2012* 7 February 2012

Department of Finance and Deregulation *Consolidated financial statements for the year ended 30 June 2011

25 November 2011 25 November 2011 13 December 2011* 7 February 2012

Department of Finance and 14 September 2011 14 September 2011 7 February 2012 24 November Deregulation *Issues from the advances under the annual Appropriation Acts *Report for 2010-11

2011

Department of Finance and Deregulation - Campaign advertising by Australian government departments and agencies - Report for the period

1 July to 31 December 2011

9 March 2012 13 March 2012 4 April 2012* 8 May 2012

M em bers o f Parliam ent (Staff) 4 October 2011 4 October 2011 22 November 2011 22 November

Act 1984 *Report for 2010-11 2011

*Excludes reports tabled in the House of Representatives by 31 October 2011 and subsequently tabled in the Senate, which were examined in the committee's Report 1 of 2012.

145

12

Reporting Body Sent to Minister Received by

Minister

Tabled in the Senate or presented out of sitting (*)

Tabled in the House of

Representatives

Mid-year economic and fiscal outlook *2011-12 *Statement by the Treasurer and the Minister for Finance and

Deregulation

25 November 2011 25 November 2011 30 November 2011 * 7 February 2012

Commonwealth Electoral Act 1918 * 2011 Redistribution into

electoral divisions * South Australia - Report

16 December 2011 16 December 2011 13 March 2012 13 March 2012

146

The Senate

Foreign Affairs, Defence and Trade

Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

© Commonwealth of Australia

ISBN 978-1-74229-684-5

Printed by the Senate Printing Unit, Parliament House, Canberra.

148

Membership of the Committee

Core Members

Senator the Hon. Ursula Stephens, ALP, NSW (Chair) Senator Alan Eggleston, LP, WA (Deputy Chair) Senator Mark Bishop, ALP, WA Senator David Fawcett, LP, SA Senator Scott Ludlam, AG, WA Senator Anne McEwen, ALP, SA

Secretariat Dr Kathleen Dermody, Secretary Miss Jedidiah Reardon, Senior Research Officer Ms Penny Bear, Research Officer Ms Jo-Anne Holmes, Administrative Officer

Senate Foreign Affairs, Defence and Trade Committee Department of the Senate PO Box 6100 Parliament House Canberra ACT 2600 Australia

Phone: +61 2 6277 3535 Fax: +61 2 6277 5818

Email: fadt.sen@aph.gov.au Intemet:http://aph,gov.au/Parliamentary Business/Committees/Senate Committees?u rl=fadt ctte/index.htm ii

ii

149

150

TABLE OF CONTENTS

Membership of the Committee................................................................................... ii

Preface

Terms of reference .............. 1

Role of annual reports...............................................................................................2

Assessment of annual reports....................................................................................2

Annual reports considered.........................................................................................3

General comments on the annual reports.................................................................3

Conclusion..................................................................................................................4

Chapter 1

Annual reports............................................................................................................5

Director of Military Prosecutions..............................................................................5

Judge Advocate General..........................................................................................11

Appendix 1

List of annual reports tabled during the period 1 November 2011 to 30 April 2012 and referred to the committee ......................................................... 15

152

Preface

Terms of reference

1. The committee is responsible for examining annual reports of departments and agencies within two portfolios: Defence (including the Department of Veterans' Affairs), and Foreign Affairs and Trade.

2. Under Standing Order 25(20), the committee is required to report on annual reports tabled by 31 October each year by the tenth sitting day of the following year, and on reports tabled by 30 April each year by the tenth sitting day after 30 June of that year.

3. 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; 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.

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2

Role of annual reports

4. Annual reports place a great deal of information about government departments and agencies on the public record. Accordingly, the tabling of annual reports continues to be an important element of accountability to Parliament. The information provided in annual reports assists Parliament in the effective examination of the performance of departments and agencies and the administration of government programs. Indeed, as noted in the Requirements for annual reports :

Annual reports serve to inform the Parliament (through the responsible Minister), other stakeholders, educational and research institutions, the media and the general public about the performance of departments in relation to services provided. Annual reports are a key reference document and a document for internal management. They form part of the historical record.

Annual reports and Portfolio Budget Statements (PB Statements) are the principal formal accountability mechanisms between government and departments and from departments through (or on behalf of) government to

the Parliament.1

Assessment of annual reports

5. The annual reports are examined by the committee to determine whether they are timely and 'apparently satisfactory'.1 2 The committee considers whether the reports comply with the relevant requirements for the preparation of annual reports of

departments and authorities.

6. The requirements are set down in the following instruments:

" for portfolio departments: Public Service Act 1999, subsections 63(2) and 70(2), and the Requirements for annual reports for departments, executive agencies and FMA Act bodies, Department of Prime Minister and Cabinet, 23 June 2010;

" for Commonwealth authorities and companies: the Commonwealth Authorities and Companies Act 1997; in particular, the Commonwealth Authorities and Companies (Report of Operations) Orders 2002; and

1 Requirements for annual reports for departments, executive agencies and FMA Act bodies, Department of Prime Minister and Cabinet, 8 July 2011, p. 3. http://www.dpmc.gov.au/guidelines/docs/annual_report_requirements_2010-l 1 .pdf (accessed 4 September 2012). It should be noted that the Annual Report Requirements were updated on 28 June 2012. The new guidelines will be used in the committee's next report as they apply to annual reports for the year ending 30 June 2012.

2 Refer to Appendix 1 for a table of the reports referred to the committee for scrutiny.

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3

" for non-statutory bodies: the guidelines 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 (requirements were modified in 1987).

Annual reports considered

7. The annual reports of the following organisations have been examined by the committee:

Defence portfolio

Director of Military Prosecutions

Judge Advocate General

General comments on the annual reports

Timeliness in tabling reports

8. Under Senate Standing Order 25(20)(c), the committee must report to the Senate any lateness in the presentation of annual reports.

9. In accordance with the Requirements for Annual Reports published in June 2010, agencies are required to present:

A copy of the annual report...to each House of Parliament on or before

31 October in the year in which the report is given. If Senate Estimates is scheduled to occur prior to 31 October, it is best practice for annual reports to be tabled prior to those hearings.'

10. The committee found that the reports were presented within a reasonable timeframe. A table detailing the dates relating to the timeliness of presentation is at Appendix 1.

Comments made in the Senate

11. The committee is obliged, under Senate Standing Order 25(20)(d), to consider any remarks made about these reports in the Senate. There were no comments in the Senate on any of these reports.

Matters of significance

12. In accordance with Senate Standing Order 25, the committee is to note any significant matters relating to the operations and performance of the bodies presenting 3

3 Requirements for annual reports for departments, executive agencies and FMA Act bodies, Department of Prime Minister and Cabinet, 23 June 2010, Part 1, section 4. p. 2.

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4

their annual reports. The committee found no matters of significance relating to the operations and performance of the bodies presenting their reports.

Bodies not presenting annual reports to the Senate

13. The committee is required to report to the Senate each year on whether there are any bodies that do not present annual reports to the Senate and which should present such reports. The committee is satisfied that there are no bodies, within these portfolios, which do not meet their reporting requirements to the Senate.

Standard of reports

14. The committee found all reports to be generally of a high standard. They effectively described the function, activities and financial positions of the various departments and agencies. The committee therefore found all of the annual reports to be 'apparently satisfactory'.

Conclusion

15. The committee found that the reports submitted by the Director of Military Prosecutions and the Judge Advocate General were of a high standard. The following chapter provides a brief overview of some of the matters that arose during the reporting period between 1 January 2011 and 31 December 2011.

156

Chapter 1

Annual reports

Director of Military Prosecutions

1.1 The Director of Military Prosecutions Report for 2011 was tabled in the Senate on 21 June 2012. This is the fifth report presented to Parliament by Brigadier L.A. McDade.

1.2 The Office of the Director of Military Prosecutions (DMP) is a statutory body created under the Defence Force Discipline Act 1982 (DFDA). The position of the DMP was created by section 188G of the DFDA and commenced on 12 June 2006.1 The office holder must be a legal practitioner with not less than five years experience, and be a member of the Permanent Navy, Regular Army or Permanent Air Force, or be a member of the Reserves rendering full-time service, holding a rank not lower than the rank of Commodore, Brigadier or Air Commodore.1 2

1.3 Under section 188GA of the DFDA, the DMP has the following functions:

(a) to carry on prosecutions for service offences in proceedings before a court martial or a Defence Force magistrate, whether or not instituted by the Director of Military Prosecutions;

(b) to seek the consent of the Directors of Public Prosecutions as required by section 63;

(c) to make statements or give information to particular persons or to the public relating to the exercise of powers or the performance of duties or functions under this Act;

(d) to represent the service chiefs in proceedings before the Defence Force Discipline Appeal Tribunal;

(e) to do anything incidental or conducive to the perfonnance of any of the preceding functions.3

1.4 The primary function of the DMP is to carry on prosecutions for service offences in proceedings before courts martial or Defence Force magistrates.4

1 Director of Military Prosecutions, Annual Report 2011, p. 1.

2 Director of Military Prosecutions, Annual Report 2011, p. 1.

3 Defence Force D iscip lin e Act 1982, section 188GA(1).

4 Defence Force D iscip lin e Act 1982, section 188GA(1).

6

Personnel

1.5 Brigadier McDade reported that at the commencement of the reporting period the DMP established 14 positions for prosecutors.5

External Associations

1.6 Brigadier McDade noted that, since 2007, prosecutors from the Office of the Director of Military Prosecutions (ODMP) have been admitted as members of the Australian Association of Crown Prosecutors (AACP). As the AACP held its annual conference in Canberra in 2011, most ODMP prosecutors were able to attend, without significant cost. Brigadier McDade noted that attendance at the conference provided junior military prosecutors with the opportunity to mix with senior Crown prosecutors

from all Australian jurisdictions.6

Internal Liaison: amendments to the DFDA

1.7 Brigadier McDade noted that the Military Justice Coordination Committee (MJCC) has provided an effective forum to initiate amendments to the DFDA.7 This committee was created in response to the Street/Fisher recommendation that a committee be formed to:

Oversee and coordinate DFDA action items and facilitate future efficiencies across the principal responsible DFDA agencies.8

1.8 The matters raised by Brigadier McDade included:

(a) difficulties concerning the framing and extent of drug offences under the DFDA compared to equivalent legislation in other jurisdictions;

(b) providing input on proposed changes to the investigative provisions of the DFDA to update and improve those provisions; and

(c) advancing matters previously raised including the implementation of global punishments.

Contact with militaiy prosecuting authorities of other armed forces and other organisations

On 3 November 2011, Brigadier McDade met with the Canadian Director of Military Prosecutions, Captain John Maguire, Royal Canadian Navy. Brigadier McDade noted similar experiences of the Canadian DMP, especially in relation to the interactions with command with respect to difficult prosecutions. Of particular interest, Brigadier

5 Director of Military Prosecutions, Annual Report 2011, p. 2.

6 Director of Military Prosecutions, Annual Report 2011, p. 3.

7 Director of Military Prosecutions, Annual Report 2011, p. 4.

8 Director of Military Prosecutions, Annual Report 2011, p. 4.

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7

McDade mentioned the Canadian DMP's ability to appeal decisions on matters of law and in relation to sentence.9

Caseload

1.9 Brigadier McDade noted that from 1 January 2011-31 December 2011, 38 Defence Force Magistrate (DFM), 14 Restricted Courts Martial (RCM) and five General Court Martial (GCM) hearings were held. She also provided the following caseload data for the reporting period:

(a) 36 matters were not proceeded;

(b) 42 matters were referred back for summary disposal;

(c) 7 matters were referred to civilian Directors of Public Prosecution; and

(d) as at 31 December 2011, ODMP had 47 open matters.10 11

Significant cases

1.10 The Annual Report cited eight significant cases heard during the reporting period:11

(a) Davis v Chief of Army [2011] ADFDAT 1: an appeal to the Defence Force Discipline Appeals Tribunal (DFDAT) was heard on

29 November 2010 which was dismissed by the tribunal on

22 February 2011.

(b) Green v Chief of Army [2011 ] ADFDAT 2: an appeal to the DFDAT was dismissed on 22 June 2011.

(c) Low v Chief of Navy [2011] ADFDAT 3: an appeal in relation to a conviction by a RCM for an act of indecency. The appeal was dismissed and the conviction upheld.

(d) Haskins v the Commonwealth [2011] HCA 28 and Nicholas v the Commonwealth [2011] HCA 29: on 26 August 2009, the High Court declared that the provisions of Division 3, Part VII of the DFDA, were invalid. The provisions included sections establishing the Australian Military Court (AMC). In response to the judgement, and in order to provide continuity of the discipline system, the Parliament enacted the Militaiy Justice (Interim Measures) Act (No 1) 2009 and Militaiy Justice

(Interim Measures) Act (No 2) 2009. Haskins v the Commonwealth and Nicholas v the Commonwealth were heard together and the court held that the legislation was a valid law of the Commonwealth.

9 Director of Military Prosecutions, Annual Report 2011, pp. 5-6.

10 Director of Military' Prosecutions, Annual Report 2011, pp. 6-7.

11 Director of Military Prosecutions, Annual Report 2011, pp. 7-13.

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8

(e) Li v Chief of Army [2012] ADFDAT 1: on 8 April 2011, Major Li was convicted by RCM of creating a disturbance on service land. An appeal to the DFDAT was heard on 16 December 2011 which was dismissed on 15 March 2012.

(f) General Court Martial Trial of Able Seaman Steward Adrian Mill: at trial by GCM on 5 December 2011, Able Seaman Mill pleaded guilty and was convicted of two counts of 'culpable driving causing grievous bodily harm'. Able Seaman Mill was sentenced to be dismissed from the Defence Force and sentenced to 18 months imprisonment, 15 months of which were suspended.

(g) General Court Martial Trial of Lieutenant Commander Alan John Jones: at trial by GCM in December 2011, Lieutenant Commander Jones was found guilty and convicted of seven counts of 'indecent conduct upon an Able Seaman without her consent' and one count of 'attempting to destroy service property'. Lieutenant Commander Jones was reduced in rank to Lieutenant, dismissed from the Defence Force and sentenced to

18 months imprisonment, 6 months of which were suspended (amongst other punishments). An appeal to DFDAT in relation to the 'indecency offences' was heard in March 2012 and the Tribunal has reserved its decision.

(h) General Court Martial Trial of Sailor W: before a GCM on

31 October 2011, Sailor W was acquitted of one charge of sexual intercourse without consent. In defence to the charge, the sailor raised 'a diagnosis of "sexsomnia" to negative the element of involuntariness'.12

Civilian casualty incident in Afghanistan

1.11 In the previous annual report, Brigadier McDade noted that three members of the ADF were charged with service offences following a civilian casualty incident in 2009. The matters were referred to the Registrar of Military Justice for trial by GCM. In the current report, Brigadier McDade noted that as the DMP:

...it is my responsibility to determine charges to be presented before service tribunals and to prosecute without fear or favour and independent of any interference.13

12 Director of Military Prosecutions, Annual Report 2011, p. 13.

13 Director of Military Prosecutions, Annual Report 2011, p. 13.

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9

1.12 Brigadier McDade explained:

The charges arose from the conduct of Australian soldiers during a night time clearance of an Afghan compound which resulted in the death of a number of civilians.

Taking the incident in its entirety, I formed the view that a prima facie case of manslaughter by criminal negligence and dangerous conduct existed in respect to two soldiers.14 15

1.13 However, at a pre-trial hearing on 20 May 2011, the Chief Judge Advocate (CJA), ruled in what Brigadier McDade considers to be the creation of new law, that 'Australian soldiers have no duty of care at law to protected persons or friendly forces during armed conflict'. The charges were dismissed. While Brigadier McDade was not entirely convinced that the CJA's decision was correct in law, she noted that the DMP has no inherent right of appeal within the military justice system at any stage of the trial process.

1.14 Subsequently, further evidence was provided by defence counsel and Brigadier McDade exercised her discretion to discontinue the prosecution.13

Investigative provisions of the DFDA

1.15 Brigadier McDade observed that the investigative provisions of the DFDA are in need of review and improvement. As an example, she cited s 101Q, which provides for medical examinations to be conducted and medical specimens to be taken from Defence members for the purpose of investigating service offences. She recorded that the provision has not been significantly updated since 1982 and as such does not take account of developments in comparable civil legislation since that time. The result is that the provision does not contain any requirement for consent to be 'informed consent'.16

Information communication technology (ICT) function

1.16 Brigadier McDade reports that the ODMP has experienced a significant deficiency in ICT function during the reporting period, which may lead to the diminution of the capability of the ODMP to fulfil its function in a timely manner.17

14 Director of Military Prosecutions, Annual Report 2011, p. 13.

15 Director of Military Prosecutions, Annual Report 2011, pp. 13-14.

16 Director of Military Prosecutions, Annual Report 2011, pp. 15-16.

17 Director of Military Prosecutions, Annual Report 2011, p. 16.

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Table of Offences

1.17 The report included the following table of offences:

C lass o f OffenceR A N A R MY R A A FTOTA L

Acts intended to cause injury 4 12 2 18

Sexual assault and related offences 8 4 1 13

Dangerous or negligent acts endangering persons 0 4 0 4

Theft and related offences 1 4 2 7

Fraud, deception and related offences 9 18 9 36

Illicit drug offences 8 3 0 11

Property damage and environmental pollution 0 0 1 1

Traffic and vehicle regulatory offences 0 1 0 1

Offences against justice procedures, government security and government operations

1 0 0 1

Specific military discipline offences 11 24 3 38

TOTAL42 70 18 130

Conclusion

1.18 In conclusion, Brigadier M cDade stated that:

The period of consolidation following the re-introduction of the Defence Force magistrate and court martial system has continued during the reporting period. The priority remains to conduct efficient and effective prosecution of matters with a focus on timeliness.

Brigadier McDade stated that she looked forward to 'continuing this period of consolidation as the office matures under the current legislative framework'.18

18 Director of Military Prosecutions, Annual Report 2011, p. 17.

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11

Judge Advocate General

1.19 The Judge Advocate General annual report for the period 1 January 2011 to 31 December 2011 was tabled in the Senate on 21 June 2012.

1.20 The office of the Judge Advocate General (JAG) of the Australian Defence Force was created by s 179 of the Defence Force Discipline Act 1982 (DFDA). The current JAG, Major General the Hon Justice R R S Tracey, RFD, was reappointed as JAG on and from 10 February 2010 for a term of four years. The current JAG also holds the appointment of President of the Defence Force Discipline Appeals Tribunal

(DFDAT).

1.21 The functions of the JAG are prescribed by the DFDA. The JAG is

responsible for the following functions:

(a) reporting annually to Parliament on the operation of the DFDA, the Regulations, the Rules of Procedure, and the operation of any other law of the Commonwealth or the ACT insofar as that law relates to the discipline of the Defence Force;19 20

(b) making Procedural Rules for Service tribunals, being Court Martial and Defence Force Magistrate Rules, and Summary Authority Rules;

(c) nominating the judge advocate for a court martial211 and Defence Force magistrates;21

(d) nominating to a Service Chief officers to be members of the judge advocate's panel;22

(e) appointing Defence Force magistrates from officers appointed as members of the judge advocate panel;23

(f) nominating to a Service Chief legal officers for the purposes of DFDA s 154(l)(a); and

(g) if requested, providing a final and binding legal report in connection with the internal review of proceedings before Service tribunals.

Operation of the Superior Military Tribunals

1.22 The JAG noted that the Militaiy Justice (Interim Measures) Act (No 1) 2009 reinstated the system of trials by court martial and Defence Force Magistrate (DFM) that had existed in 2006, prior to the passage of the Defence Legislation Amendment Act 2006 which purported to create the former Australian Military Court (AMC). The

19 DFDA s 196A.

20 DFDA s 129B.

21 DFDA s 129C.

22 DFDA s 196.

23 DFDA s 127.

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12

JAG raised concerns that the explanatory memorandum to the bill indicated that this is 'an interim measure until the Government can legislate for a Chapter III court'.24

1.23 The JAG believed that it is undesirable for 'interim' arrangements to go indefinitely. In particular, there are a number of procedural issues that should be addressed if the system of court martial and DFM trials continues for a significant period of time.25

Appeals to the Defence Force Discipline Appeal Tribunal

1.24 During the reporting period, there were three appeals to the Defence Force Discipline Appeal Tribunal (DFDAT) in connection with convictions recorded by courts martial and DFM. These were:

(a) Green v Chief ofArmy [2011] ADFDAT 2;

(b) Low v Chief of Navy [2011] ADFDAT 3; and

(c) Li v Chief of Army [2011] ADFDAT 4.

1.25 The appeals in Green and Low were dismissed, and judgement for Li was not handed down during the reporting period.26

Legislation

1.26 The JAG noted that the Military Court of Australia Bill and the Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill were scheduled to be introduced during the Winter 2012 sittings of Parliament.27 If enacted, the bills will establish the Military Court of Australia.28

High Court Challenge

1.27 During the reporting period, the Military Justice (Interim Measures) Act (No 2) 2009 was challenged in the High Court. Haskins v the Commonwealth and Nicholas v the Commonwealth were heard together and the court held that the legislation was a valid law of the Commonwealth.29

Proceedings brought as a result of civilian causalities in Afghanistan

1.28 The JAG recorded that during the reporting period a GCM was convened to try charges of manslaughter and dangerous conduct against two soldiers allegedly

24 Judge Advocate General Annual Report, 2011, p. 5.

25 Judge Advocate General Annual Report, 2011, p. 5.

26 Judge Advocate General Annual Report, 2011, p. 6.

27 Tire bills were introduced on 21 June 2012, and on 28 June 2012 tire bills were referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report on 9 October 2012.

28 Judge Advocate General Annual Report, 2011, p. 7.

29 Judge Advocate General Annual Report, 2011, p. 7.

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13

responsible for civilian casualties in Afghanistan in 2009. The accused men entered certain objections to the charges prior to the court martial being assembled and sworn in. The Chief Judge Advocate ruled that

In the absence of a duty of care imposed by statute, mere negligence, even if established, will not suffice to establish criminal culpability in the case of actual engagement in armed conflict.30

The intended operation of Defence Force Discipline Act 1982 s 36, dangerous conduct

1.29 In the JAG's view, the ruling raised a number of issues with the drafting and intended application of DFDA s 36, dangerous conduct. These included:

" the intended scope of sub-section 36(3), dangerous conduct by negligence;

" the intended operation of sub-sections 36(1 )(e), (2)(e), and (3)(e), the

exclusion applicable to enemy persons killed or injured in the course of duty; and

" the way in which s 36 as whole is intended to operate in the case of death or

grievous bodily harm occasioned to civilians or enemy personnel in regards to the specific Offences Against Humanity and Related Offences created by the Criminal Code Act 1995 Chapter 8.31 32

The power of the president at a court martial to make protective orders and non-publication orders

1.30 The JAG noted that the consideration of the case resulting from the civilian casualties in Afghanistan also raised concerns about the role of the president in the making of protective orders under DFDA s 140, public hearings, and non-publication orders under DFDA s 148, that record of proceedings be kept. The JAG believed that discretions under DFDA s 140 and s 148 should be vested in the Judge Advocate, rather than the president of the court martial, which is currently the case. The JAG suggested that the existing arrangements should be reviewed as a matter of urgency/2

Pre-trial applications or objections

1.31 The JAG believed that it would be desirable if s 141 of the DFDA were

amended to allow pre-trial applications by the prosecution. Currently, s 141 expressly provides for pre-trial applications by the accused, while there is no provision for pre-trial applications by the prosecution.

30 Judge Advocate General Annual Report, 2011, p. 8.

31 Judge Advocate General Annual Report, 2011, p. 8.

32 Judge Advocate General Annual Report, 2011, pp. 10-11.

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The accused's attendance at all hearings

1.32 In his report, the JAG stated that DFDA s 139 provides that '...a hearing

before a service tribunal shall be held in the presence of an accused person'. The JAG argued that provision should be amended to dispense with the requirement that the accused be present at purely procedural hearings, such as adjournment applications.33

Conclusion

1.33 In conclusion, the JAG stated that:

The interim arrangements reinstating the system of trial by court martial and DFM continue to operate satisfactorily, but it is undesirable for 'interim' arrangements to continue indefinitely.

He was pleased to note that the Military Court of Australia Bill and the Military Court of Australia Transitional Provisions and Consequential Amendments) Bill were scheduled for introduction into the Parliament during the Winter 2012 sittings.34

Senator the Hon. Ursula Stephens Chair

33 Judge Advocate General Annual Report, 2011, p. 9.

34 Judge Advocate General Annual Report, 2011, p. 15.

166

Appendix 1

List of annual reports tabled during the period 1 November 2011 to 30 April 2012 and referred to the committee

D epartm ent/agency Enabling legislation and tim eliness D ate on

letter o f transm ittal

@ D ate report

subm itted to m inister (if know n)

% D ate report

received by m inister (if

know n)

* D ate report

presented to President

# D ate tabled in

the Senate

*õ D ate tabled in

H/R epresentatives

Director of Military Prosecutions Defence Force Discipline Act 1982,

section 196B. As soon as practicable after 31 December each year.

24 Apr 2012 #21 Jun 2012

Judge Advocate General Defence Force Discipline Act 1982,

section 196A(1). As soon as practicable after 31 December each year. JAG reports for the period

1 January to 31 December each year.

12 Apr 2012 #21 Jun 2012

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168

The Senate

Legal and Constitutional Affairs

Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

169

© Commonwealth of Australia

978-1-74229-685-2

This document was printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra.

170

MEMBERS OF THE COMMITTEE

Members

Senator Patricia Crossin, Chair, ALP, NT

Senator Gary Humphries, Deputy Chair, LP, ACT

Senator Sue Boyce, LP, QLD

Senator Mark Fumer, ALP, QLD

Senator Louise Pratt, ALP, WA

Senator Penny Wright, AG, SA

Secretariat

Ms Julie Dennett Committee Secretary

Ms Leonie Lam Research Officer

Suite SI.61 Telephone: (02) 6277 3560

Parliament House Fax: (02) 6277 5794

CANBERRA ACT 2600 Email: legcon.sen@aph.gov.au

iii

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172

TABLE OF CONTENTS

MEMBERSHIP OF COMMITTEE ............. ..........................................................iii

PREFACE..................................................................................................................... vii

Terms of reference...................................................................................................vii

Role of annual reports........................................................................................... viii

Annual reporting requirements..............................................................................viii

'Apparently satisfactory'...........................................................................................ix

Timeliness..................................................................................................................ix

Requirement for non-reporting bodies to report ..................................................... xi

CHAPTER 1 ....................................................................................................................1

ANNUAL REPORTS OF STATUTORY AUTHORITIES .................................. 1

Attorney-General's Portfolio.....................................................................................1

Audio-Visual Copyright Society Limited (Screenrights) ........................................ 2

Australian Human Rights Commission (AHRC).....................................................3

Australian Transaction Reports and Analysis Centre (AUSTRAC).......................5

High Court of Australia (High Court) ...................................................................... 7

Office of the Australian Information Commissioner (OAIC) ................................. 9

Office of the Commonwealth Director of Public Prosecutions (CDPP) ............... 11

CHAPTER 2 ................................................................................................................. 13

REPORTS ON THE OPERATION OF ACTS AND PROGRAMS .................. 13

Report on the operation of the Surveillance Devices Act 2004 ............................. 13

Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 ........................................................................15

APPENDIX 1................................................................................................................19

Reports tabled during the period 1 November 2011 and 30 April 2012 and referred to the committee.........................................................................................19

174

PREFACE

Terms of reference

On 29 September 2010, a resolution of the Senate allocated the following portfolios to the Senate Standing Committee on Legal and Constitutional Affairs (committee):

" Attorney-General1 s portfolio; and

" Immigration and Citizenship portfolio.

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 amiual 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; 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.

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.

Annual reporting requirements

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.

Pursuant to subsections 63(2) and 70(2) of the Public Set-vice Act 1999 , departments of state and executive agencies must prepare annual reports in accordance with the Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, (Requirements for Annual Reports ). As a matter of policy, the Requirements for Annual Reports also apply to prescribed agencies under section 5 of the Financial

Management and Accountability Act 1997 (FMA Act).!

The 2010-11 annual reports are prepared in accordance with the Requirements for Annual Reports issued on 8 July 2011. Amendments to the latest issue of the Requirements for Annual Reports are:

" Commonwealth Disability Strategy - the requirement to report on the implementation of the Commonwealth Disability Strategy in annual reports has been discontinued.

" Social inclusion reporting - accommodating social inclusion

measurement and reporting strategies.

" Freedom of Information - accommodating recent major reforms to Freedom of Information legislation.1 2

Orders made by the Minister under section 48 of the Commonwealth Authorities and Companies Act 1997 (CAC Act) set out guidelines for the annual reports of Commonwealth authorities. The content of annual reports of Commonwealth companies is based on the reporting requirements under the Corporations Act 2001, in accordance with section 36 of the CAC Act.

Statutory authorities must also report in accordance with their establishing legislation.

1 Department of the Prime Minister and Cabinet, R e q u ire m e n ts fo r An n u a l R eports, 8 July 2011, Part 1, subsection 3(1).

2 Department of the Prime Minister and Cabinet, R e q u ire m e n ts fo r An n u a l R eports, 8 July 2011, p. i.

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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 Government 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.

The reports examined by the committee in this report were found to be of a

satisfactory standard, adequately describing the functions, activities, performance and financial positions of the departments and agencies. The committee finds all submitted annual reports to be 'apparently satisfactory'.

Timeliness

Under Standing Order 25(20)(c), the committee must also report to the Senate on any lateness in the presentation of annual reports.

In accordance with the Requirements for Annual Reports published in July 2011, agencies are required to present:

A copy of the annual report...to each House of the Parliament on or before 31 October in the year in which the report is given. If Senate Estimates is scheduled to occur prior to 31 October, it is best practice for annual reports to be tabled prior to those hearings.

Where an agency's own legislation provides a timeframe for its annual report, for example "within six months" or "as soon as practicable after 30 June in each year", that timeframe applies.4 5

If a department or agency is unable to meet this deadline, the secretary or agency head 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/

3 Official Senate Hansard, 8 December 1987, pp 2643-2645.

4 Department of the Prime Minister and Cabinet, Requirements for Annual Reports, 8 July 2011, Part 1, section 4.

5 Department of the Prime Minister and Cabinet, Guidelines for the Presentation of Government Documents to the Parliament, Canberra, June 2010, p. 5.

Subsection 9(1) of the CAC Act requires the director of a Commonwealth authority to: (a) prepare an annual report in accordance with Schedule 1 for each financial year; and

(b) give it to the responsible Minister by the deadline for the financial year for presentation to the Parliament.

(2) The deadline is: (a) the 15th day of the 4th month after the end of the financial year; or (b) the end of such further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.

Under section 36 of the CAC Act:

(1) A Commonwealth company must give the responsible Minister: (a) a copy of the company's financial report, directors' report and auditor's report that the company is required by the Corporations Act 2001 to have for the financial year (or would be required by that Act to have if the company were a public company); and (b) any additional report under subsection (2); and (c) in the case of a wholly-owned Commonwealth company * any additional information or report required by the Finance Minister's Orders.

(1A) The Commonwealth company must give the reports and information by: (a) if the company is required by the Corporations Act 2001 to hold an

annual general meeting *the earlier of the following:

(i) 21 days before the next annual general meeting after the end of the financial year; (ii) 4 months after the end of the financial year; and (b) in any other case * 4 months after the end of the financial year; or the end of such further period granted under subsection 34C(5) of the Acts Interpretation Act 1901.

In the absence of any specific provision, the Acts Interpretation Act 1901 requires bodies to present annual reports to Ministers within six months after the end of the period reported upon (subsection 34C(2)), and Ministers must table reports within 15 sitting days after receipt.

A table listing the annual reports of departments and agencies tabled in the Senate (or presented out of session to the President of the Senate) between 1 November 2011 and 30 April 2012, and which have been referred to the committee for examination, can be found at Appendix 1 to this report.6 Also included in this table is the date each report

was tabled in the House of Representatives.

6 This table also includes the reports on the operation of acts or programs which have been referred to the committee.

Although the annual reports of FMA Act bodies examined in this report missed the 31 October 2011 tabling deadline for the Senate, a number of reports were tabled in the House of Representatives before that date.

The committee notes the annual report of the Australian Human Rights Commission was tabled in both Houses of Parliament on 1 November 2011, and hopes to see a more timely tabling of future reports.

In contrast, although the reports of the Commonwealth Ombudsman and the High Court of Australia were tabled after 31 October 2011, both the

Commonwealth Ombudsman and the High Court of Australia (which is a body not bound by the FMA Act), presented their annual reports in accordance with their respective legislative provisions .'

In accordance with best practice, as outlined in the Requirements for Annual Reports , the committee encourages bodies to table annual reports before the supplementary budget estimates hearings in October each year.7 8

Requirement for non-reporting bodies to report

In accordance with Standing Order 25(20)(h), the committee must report on bodies which are required to present an annual report to the Senate, but which have failed to do so.

On this occasion, the committee makes no recommendation for any organisation not presenting an annual report to do so.

7 Subsection 19(1) of the Ombudsman Act 1976 allows the Commonwealth Ombudsman six months after 30 June to submit its annual report to the Minister for presentation to the Parliament. Subsections 47(1) of the High Court Act 1979 and 34C(2) of the Acts Interpretation Act 1901 gives the High Court a period of six months after the end of the reporting period to

submit to the Minister an annual report.

8 Department of the Prime Minister and Cabinet, Requirements for Annua! Reports , 8 July 2011, Part 1, Section 4.

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ANNUAL REPORTS OF STATUTORY AUTHORITIES 1.1 The reports of the following statutory authorities for the financial year 2010-11 were referred to the committee for examination and report.

Attorney-General *s Portfolio

" Audio-Visual Copyright Society Limited (Screenrights)

" Australian Commission for Law Enforcement Integrity

" Australian Crime Commission

" Australian Human Rights Commission

" Australian Institute of Criminology and Criminology Research Council

" Australian Transaction Reports and Analysis Centre

" Commonwealth Ombudsman

" Copyright Agency Limited

" High Court of Australia

" Office of the Australian Information Commissioner

" Office of the Commonwealth Director of Public Prosecutions

1.2 As in previous reports of the committee, it has decided to select a small number of annual reports for closer examination. On this occasion, the reports of the following agencies will be examined:

" Audio-Visual Copyright Society Limited (Screenrights);

" Australian Human Rights Commission;

" Australian Transaction Reports and Analysis Centre;

" High Court of Australia;

" Office of the Australian Information Commissioner; and

" Office of the Commonwealth Director of Public Prosecutions.

1.3 The committee has determined to consider, but not report on, the annual report of the Australian Crime Commission, as the Parliamentary Joint Committee on Law Enforcement has specific responsibility for overseeing this agency.

1.4 The committee has similarly determined to consider, but not report on, the annual report of the Australian Commission for Law Enforcement Integrity, as the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity has specific responsibility for overseeing this agency.

1.5 The annual report of the Commonwealth Ombudsman also stands referred to the Senate Finance and Public Administration Legislation Committee and, as this

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body sits within the Prime Minister and Cabinet Portfolio, the committee has also determined to consider, but not to report on, this annual report.

Audio-Visual Copyright Society Limited

1.6 Audio-Visual Copyright Society Limited (Screenrights), which trades as Screenrights, is a non-profit copyright collecting society for producers, distributors, script writers, music copyright owners in artistic works and sound recordings, and other rights owners in films.1

1.7 The work of Screenrights is to administer rights through a number of

collective licensing services. Users employ these services to access audio-visual material, and copyright owners are paid for the use of their work. Therefore, Screenrights' core business is to administer 'institutional use of broadcast programming'.1 2

1.8 Screenrights' annual report was tabled in the House of Representatives on 16 February 2012 and tabled in the Senate on 28 February 2012. It was submitted and received by the Minister on 6 February 2012.

1.9 The company is limited by guarantee and, pursuant to section 34(2) of the Commonwealth Authorities and Companies Act 1997 (CAC Act), is a wholly-owned Commonwealth company. In the event of the company winding up the report notes its members' liability is $10 for each member. As at 30 June 2011, the company's total liability was $33,210 from 3,321 full members from 59 countries.3 This is an increase from its liability of $31,450 from 3,145 members in 2010.4

1.10 The annual report of Screenrights needs to comply with Ministerial orders made under section 48 of the CAC Act, which are set out in the Commonwealth Companies (Annual Reporting) Orders 2011. The content of annual reports of Commonwealth companies is based on the reporting requirements under the

Corporations Act 2001 , in accordance with section 36 of the CAC Act. The reporting provisions for Screenrights are contained in sections 135R, 135ZZD, 135ZZV and 183D of the Copyright Act 1968.

1.11 The committee is disappointed to note that the 2010-11 annual report is missing some important information, such as a letter of transmittal, a contents page, a compliance index page and a glossary page. Inclusion of such infomiation would have considerably assisted the committee in its examination of the report. The committee also considers that the report does not have a clear organisational structure and little indication of the enabling legislation under which Screenrights operates or the reporting requirements with which the annual report complies. Further, the size of the report does not conform to the usual annual report size dimension of B5, taking a

1 Screenrights Annual Report 2010-11, pp 23 and 38.

2 Screenrights Annual Repori 2010-11, p. 23.

3 Screenrights Annual Report 2010-11, pp 20 and 55.

4 Screenrights Annual Repori 2010-11, p. 55.

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more *brochure-like * format; and information presented in colourful graphs could have been enhanced with the inclusion of accompanying headings.

1.12 Despite these issues, the committee is of the view that the mission statement in the report provides useful background information about the role and functions of Screenrights, its objectives, board members and company membership. The financial statements and 'Notes to the Consolidated Financial Statements' are also clearly set out and easy to follow.

1.13 In 2010-11, Screenrights reported a net operating loss of $229,690, which is an increase from the $63,150 loss reported in the preceding reporting period. The financial statements of subsidiaries were also included in the financial statements contained in the report.3 However, the total income figure of $36.3 million reported in both the Chairman's note to members and the Chief Executive's report does not appear to match the total income of $36,596,199 contained in the report's statement of comprehensive income.5 6

1.14 In conclusion, the committee considers the annual report of Screenrights to be 'apparently satisfactory', but expresses some concerns over the clarity and accessibility of some information contained within it and the omission of some required information.

Australian Human Rights Commission

1.15 The annual report of the Australian Human Rights Commission (AHRC) was tabled in both Houses of Parliament on 1 November 2011. Its tabling occurred within 15 sitting days after its receipt by the Minister on 26 October 2011.

1.16 The report begins with a snapshot of the AHRC's broad role, functions and vision, and moves to information about its organisational structure. Also included is a profile of each of the four commissioners overseeing human rights; sex; age; disability and race discrimination; and Aboriginal and Torres Strait Islander social justice matters.

1.17 The inclusion of relevant legislation enriches the reader's overall understanding of the varied works and responsibilities of the AHRC, including its amicus curiae ('friend of the court') status.7

1.18 Among some of the highlights and achievements for the 2010-11 period were:

" amendments to the sex and age discrimination acts, including the creation of the new office of the Age Discrimination Commissioner with two individuals holding the respective offices within the AHRC;

5 Screenrights Annual Report 2010-11, pp 33-34.

6 Screenrights Annual Report 2010-11, pp 13-14 and 34.

7 Australian Human Rights Commission Annual Report 2010-11, pp 7, 41 and 123. The role of an amicus curiae is to provide special assistance to the court in resolving issues raised in relevant cases, and to draw attention to aspects of a case that might otherwise have been overlooked.

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" the government's high uptake of the AHRC's recommendations to it during the United Nations Human Rights Council's Universal Periodic Review, resulting in some recommendations being incorporated into the National Action Plan on Human Rights that forms part of the Australian Human Rights Framework;

" the launch of a range of resources to assist Australia's Indigenous peoples to understand and protect their rights; and

" the release of a guideline to assist people working in the building industry to better understand standards relating to disability access to premises.8

1.19 In the annual report, the AHRC continued to communicate its concerns about Australia's immigration detention system, and the rise in the number of people detained and incidences of self-harm among long-term detainees. Other concerns documented related to the conditions of some detention facilities, particularly those in remote locations or in locations with limited infrastructure or limited access to mental, health, education and communication services. The AHRC urged the government to expand its current program of community detention by utilising community-based alternatives, and advocated for the ratification and implementation of the

Optional Protocol to the Convention against Torture ,9

1.20 Information on performance in the area of complaints services remained strong in this annual report. Key performance indicators used to assess performance are: timeliness, conciliation rate and service satisfaction. Results in all areas exceeded performance standards in 2010-11. The AHRC achieved a 94 per cent finalisation rate within 12 months for complaints, with an average of 5.8 months from time of lodgement to finalisation. This exceeds the set standard of 80 per cent. Likewise, satisfaction among survey respondents who reported they were satisfied with the AHRC's service was 94 per cent.10 11 The report also contains a detailed breakdown of statistics on the different categories of complaints, demographic data and conciliation rates across the different categories of complaints.11

1.21 The current report is comparable to previous reports and generally complies with the Requirements for Annual Reports. In some areas, however, it continues to disappoint, particularly with regards to the non-inclusion of a mandatory list of requirements to assist in the report's examination. The committee has on previous occasions remarked on the absence of a compliance list, and even suggested its inclusion before it became a mandatory item.12 The Requirements for Annual Reports state:

8 Australian Human Rights Commission Annual Report 2010-11, pp 8-9.

9 Australian Human Rights Commission Annual Report 2010-11, p. 12.

10 Australian Human Rights Commission Annual Report 2010-11, p. 52.

11 Australian Human Rights Commission Annual Report 2010-11, pp 101-119.

12 See, for example. Legal and Constitutional Affairs Legislation Committee, Annual reports (No.2 of2011), August 2011, p. 4.

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The List of Requirements must be included as an appendix to the annual report. If an item specified in the checklist is not applicable to an agency, it should be reported as not applicable rather than omitted from the list. Agencies should include a column indicating the location of the information in the annual report.13

1.22 Another area previously commented upon by the committee relates to the general concern over accuracy and attention to detail.14 15 For example, in the current annual report a table reflecting salary ranges and staffing statistics was incorrectly referenced to Appendix 6 instead of Appendix 4,1"-' and Appendix 6 could not be

located in the report. Also, complaint statistics and demographic data in *Resolving discrimination and human rights issues' were incorrectly directed to Appendix 4 instead of Appendix 2.16 Appendix 5 relating to consultancy services was referred to incorrectly as Appendix 7, with no Appendix 7 existing in the report.17

1.23 The AHRC's financial statements indicated the agency continued to operate at a loss of $230,000 for 2010-11.18 This is a smaller loss compared to the $614,000 loss in 2009-10, but the committee could not locate any discussion in the body of the report to explain why this was the case.

1.24 The committee considers the annual report to be 'apparently satisfactory', but reiterates its concerns about the general quality of the report's accuracy, and suggests closer adherence to the Requirements for Annual Reports guidelines in the future.

Australian Transaction Reports and Analysis Centre

1.25 Although the Australian Transaction Reports and Analysis Centre's (AUSTRAC) annual report was tabled in the Senate after 31 October 2011, the committee notes its tabling in the House of Representatives occurred before that date. The report's presentation to the Minister took place on 5 October 2011, ahead of the

supplementary budget estimates hearings on 17 and 18 October 2011.

1.26 The Chief Executive Officer noted several areas of development and increased activity in 2010-11, including the agency's greater emphasis on assessing the transaction reporting performance of a broad range of regulated entities, receipt of increased volumes of transaction reports, increased funding for developing in-house

13 Department of the Prime Minister and Cabinet, Requirements for Annual Reports, 8 July 2011, p. 34.

14 Legal and Constitutional Affairs Legislation Committee, Annual reports (No.2 of 2011), August 2011, pp 3-4.

15 Australian Human Rights Commission Annual Report 2010-11, pp 50 and 121.

16 Australian Human Rights Commission Annual Report 2010-11, pp 39 and 101-119.

17 Australian Human Rights Commission Annual Report 2010-11, p. 55.

18 Australian Human Rights Commission Annual Report 2010-11, p. 61.

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systems to combat organised and other serious crimes across the whole-of- govemment, and its contribution to law enforcement operations.19

1.27 The reporting of financial transactions and irregular activities from industry is the core of AUSTRAC's intelligence work. For the review period, AUSTRAC reported a 104 per cent increase in the number of transaction reports received, leading to a total of almost 36 million reports detailing international transaction funds transfers. This increased volume corresponds with recent trends.20

1.28 AUSTRAC received $24 million funding over four years in the May 2010 budget to develop its own systems to enhance its financial intelligence and regulatory capabilities. One such system to be implemented was a new analytics solution which has resulted in more efficient extraction and analysis of data by AUSTRAC and its partner agencies.21

1.29 Among AUSTRAC's contribution to law enforcement operations is its continued collaboration and cooperation with partner agencies to prevent and detect organised crimes. An example is the Australian Taxation Office's use of AUSTRAC information to investigate 1,619 cases with a value of $241.11 million in additional tax assessments.22

1.30 These activities dovetail with the agency's specific strategic priorities to: improve industry compliance; enhance 'financial intelligence'; build productive relationships; bolster the anti-money laundering and counter-terrorism financing (AML/CTF) regime; strengthen corporate governance; and continue to improve as an agency through ongoing staff development and support over the same reporting period.23

1.31 The committee again commends AUSTRAC for consistently preparing a report of impressive standard. The report closely adheres to the Requirements for Annual Reports and includes suggested as well as mandatory information, including a compliance index. This assists in the examination of the report.

1.32 The agency's stated outcome-program structure in the overview is clearly articulated in its 2010-11 annual report. The program is made up of two components: the anti-money laundering and counter-terrorism financing regulator (AML/CTF); and the financial intelligence unit (FIU).24 AUSTRAC's performance information is presented in table formats that are clear, concise, and easy to follow; and includes measures of performance against program deliverables and key performance indicators as listed in the agency's Portfolio Budget Statements.

19 Australian Transaction Reports and Analysis Centre (AUSTRAC) Annual Report 2010-11, pp 6-7.

20 AUSTRAC Annual Report 2010-11, p. 7.

21 AUSTRAC Annual Report 2010-11, p. 7.

22 A USTRAC Annual Report 2010-11, p. 7.

23 AUSTRAC Annual Report 2010-11 ,p. 11.

24 AUSTRAC Annual Report' 2010-11,p. 13.

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1.33 The addition of a reader's guide early in the report, as well as an explanation of terms used in both the body of the report and the Portfolio Budget Statements, enriches the quality of information presented. In 2010-11 there was one new deliverable and two new key performance indicators (KPIs) for the AML/CTF component. The new deliverable was 'transaction reporting among regulated population'23 and the new KPIs were recognition of transaction reporting responsibilities, and volume and quality of transaction reporting among entities with obligations to report.25 26 27

1.34 The inclusion of five real-life case studies published in AUSTRAC typologies and case studies report 2011 demonstrates how partner agencies have incorporated AUSTRAC information to assist their business operations. These case studies, which represent a sample of AUSTRAC's work, cover serious crimes such as blackmail and extortion, fraud, human trafficking and servitude, and tax avoidance.2 z

1.35 For 2010-11 AUSTRAC reported a net operating deficit of $2.2 million, compared to a surplus of $0.6 million in the 2009-10 preceding period. This deficit included $3.3 million of unfunded depreciation and amortisation expenses.28

1.36 The committee considers AUSTRAC's annual report to be 'apparently satisfactory'.

High Court of Australia

1.37 The High Court of Australia's (High Court) annual report for 2010-11 is presented in accordance with section 47 of the High Court of Australia Act 1979. The High Court is not a prescribed agency under the Financial Management and Accountability Act 1997, due to its status under its enabling legislation.29 Therefore,

the Requirements for Annual Reports do not apply to the High Court's annual report. Nonetheless, section 3(4) of the Requirements for Annual Reports provides:

In the case of an agency (including an executive agency established under section 65 of the Public Service Act 1999) that is neither prescribed under the FMA Act nor comes within the CAC Act, these Requirements may be used to the extent that they are consistent with any reporting requirements contained in the agency *s own legislation (if any).30

1.38 The annual report of the High Court was tabled in both Houses of Parliament on 21 November 2011 (and presented out of session in the Senate on

18 November 2011), and complies with the High Court's own reporting requirements.

25 AUSTRAC Annual Report 2010-11, p. 18.

26 A USTRAC Annual Report 2010-11, p. 22.

27 AUSTRAC Annual Report 2010-11, pp 10 and 179.

28 AUSTRAC Annual Report 2010-11, p. 96.

29 Department of Finance and Deregulation, Chart of 111 Agencies under the Financial Management and Accountability Act 1997 (FMA Act), July 2012.

30 Department of Prime Minister and Cabinet, Requirements for Annual Reports, 8 July 2011, p.l.

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1.39 The court reported a smaller operating loss for 2010-11 than for the preceding period. For the year ending 2010-11, the court received an operating appropriation of $13,017 million and reported an operating deficit of $0,412 million.31

1.40 In a positive update to last year's financial concerns related to the funding of the court and the maintenance of the building and surrounds, the court received an increase in funding. The Chief Justice, in his overview, noted:

The Court is grateful for the announcement by the Government in the 2011-12 Budget that it will receive an additional $1.5 million in base funding beginning in 2011-12 to enable it to meet its operational costs and to maintain services.3"

1.41 Some of the court's maintenance works include work to address 'significant health and safety and structural issues'33 in the building forecourt, the cascade waterfall and the court precinct. The restoration and repair projects are funded from the 2010 Budget allocation of $4.5 million for capital funding. Projects still in progress include work to the cascade waterfall, the forecourt's interface with the National Portrait Gallery and, pending approval from the National Capital Authority,

rectification to the general western forecourt area.34 35

1.42 The Portfolio Budget Statements for 2010-11 shows a $3,492 million reduction in appropriation revenue from 2009-10. This is attributed to the removal of funding for depreciation.~ Almost half of the equity injection the court received in 2010-11 ($4,330 million from $8,731 million) went into addressing safety and related structural issues.36

1.43 The committee notes that some issues commented on previously have resurfaced in the High Court's 2010-11 report. In the committee's last annual report, the committee made the observation that the court's outcome - to interpret and uphold the Australian Constitution and perform the functions of the ultimate appellate court in Australia - was not actually made clear in the 2009-10 annual report from the outset and was only identified near the end in the 'Notes to and forming part of the Financial

Statements for the High Court of Australia.' This was also the case in the 2010-11 annual report.37

31 High Court of Australia Annual Report 2010-11, p. 37. This figure excludes unfunded depreciation expenses.

32 High Court of Australia Annual Report 2010-11, p. 9.

33 High Court of Australia Annual Report 2010-11, p. 41.

34 High Court of Australia Annual Report 2010-11, p. 41.

35 Portfolio Budget Statements 2010-11, Attorney General's Portfolio, High Court of Australia, p. 366.

36 High Court of Australia Annual Report 2010-11, p. 37. Funding for minor capital purchases is now provided through a departmental budget and is recognised as equity funding in the balance sheet.

37 High Court of Australia Annual Report 2010-11, p. 86.

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1.44 Another issue was the lack of explicit reporting of activities against 'program deliverables' as listed in the Portfolio Budget Statements in the annual report. Also, the Portfolio Budget Statements do not contain key performance indicators to be reported against in the High Court's annual reports. Despite this, the committee considers that the report does provide a clear and concise account of the year in review, including detailed information on the various activities of the court, statistics for judicial workload, and the High Court's public education and visitors programs.

1.45 Even so, the committee wishes to reiterate the importance of performance reporting in annual reports. This provides the relevant agency with an accountability framework as well as a monitoring mechanism of activities and practices. Again, the committee notes that although the Requirements for Annual Reports do not apply to the High Court:

The 'clear read' between Portfolio Budget Statements and annual reports is an essential part of the accountability system that compares budgeted targets and figures to those actually achieved, and places a strong emphasis on compatibility between the two documents regarding budget and

performance information.38

1.46 The committee considers the report of the High Court to be 'apparently satisfactory'.

Office of the Australian Information Commissioner

1.47 Although the annual report of the Office of the Australian Information Commissioner (OAIC) was tabled in the Senate on 7 February 2012 (presented out of session on 20 December 2011), it was tabled in the House of Representatives on 31 October 2011.

1.48 The OAIC commenced operations under the Australian Information Commission Act 2010 on 1 November 2010; upon its commencement the Office of the Privacy Commissioner (OPC) was integrated into this newly formed statutory body. The agency is headed by the Australian Information Commissioner, whose functions are to provide strategic and policy advice on information management to the Australian Government.

1.49 The Information Commissioner is supported by the Privacy Commissioner and the Freedom of Information Commissioner, whose respective functions are to look after the proper handling of personal information in accordance with the Privacy Act 1988 (and other relevant legislation) and to protect the public's right of access to documents under the Freedom of Information Act 1982 (FOI Act). The 2010-11 annual report is the first annual report from this newly formed statutory body.

1.50 The report noted in its corrigendum that the OAIC had one outcome for the period 1 November 2010 to 30 June 2011: provision of public access to

38 Department of Prime Minister and Cabinet, Requirements for Annual Reports , 8 July 2011, Part 2, p. 3.

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Commonwealth Government information, protection of individuals' personal information, and performance of information commissioner, freedom of information and privacy functions. The committee understands that, since the OAIC is a newly established body, providing comprehensive information about the agency's outcome and program structure may be difficult during the agency's initial establishment phase. The committee looks forward to examining future reports containing detailed information from the agency.

1.51 The 2010-11 report examines the former Office of the OPC's performance against its stated outcome before its integration into the OAIC. The report also reviews the OAIC's performance during its establishment phase.

1.52 The annual report of the OAIC is well-structured and easy to follow. The list of requirements with page references assists in the examination of the report. The committee commends the OAIC for its inclusion of many suggested items in the Requirements for Annual Reports?9

1.53 The report provides a useful overview of the OAIC's performance to date. Chapters 3 and 4 cover FOI and information policy, while chapter 5 covers the performance of the former OPC prior to its incorporation into OAIC. The information provided complies with the requirement in section 30(3) of the Australian Information

Commissioner Act 2010 that the report include freedom of information and privacy matters.

1.54 Infonnation relating to the former OPC's 2010-11 Portfolio Budget Statements and the outcome and program structure are located in Appendix 1. This provides a transparent comparison between budgeted targets and figures, and results achieved.39 40 Some information in the 'Key Performance Indicators 2010-11 Target' table could be better presented, however, as it unclear whether performance results have met stated targets.41 Further, the report states that the OPC was 'only in existence

from 1 July 2010 to 31 October 2010' so infonnation required to draw accurate comparisons to performance in previous years is not possible.42

1.55 The report has generally complied with the list of Requirements for Annual Reports. The committee notes that corrections of errors in the OPC's 2009-10 annual report have been included in the 2010-11 report.

1.56 The committee considers the OAIC's annual report to be 'apparently satisfactory'.

39 Office of the Australian Information Commissioner Annual Report 2010-11, pp 5-7. Suggested information include: names of senior executives and their responsibilities, senior management committees and their roles, workforce planning, staff turnover and retention, and training and development.

40 Department of Prime Minister and Cabinet, Requirements for Annual Repoiis, 8 July 2011, p.3.

41 Office of the Australian Information Commissioner Annual Report 2010-11, p. 65. It is unclear whether the information in the column '2010-11 Target' refers to targets or results achieved.

42 Office of the Australian Infonnation Commissioner Annual Repoi-t 2010-11, p. 65.

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Office of the Commonwealth Director of Public Prosecutions

1.57 The annual report of the Office of the Commonwealth Director of Public Prosecutions (CDPP) was tabled in the House of Representatives on 13 October 2011 and in the Senate on 1 November 2011. It was received by the Minister on

29 September 2011.

1.58 The committee commends the CDPP for a report of a high standard which is comprehensive in information, and features a clear and concise style that is easy to follow.

1.59 The Director of Public Prosecution's (Director) review noted several staff movements and departures in the CDPP, including a leadership change in three regional offices across the country. The contributions of all departing officers were acknowledged.

1.60 Also noted in the Director's review was the CDPP's close worldng

relationships with other government agencies. The office received briefs of evidence from 36 Commonwealth, and state and territory agencies and noted that support from the Australian Federal Police (AFP) has resulted in a significant increase in people smuggling prosecutions under the Migration Act 1958.4i

1.61 The committee is pleased to note that, in examining the report against the list of requirements under the Requirements of Annual Reports, all mandatory items were included and a number of suggested items were also added. The effective use of real-life prosecution cases throughout the report helped to illustrate the diverse areas of practice the CDPP deals with, and paints a vivid picture of the work undertaken.

1.62 Under the agency's overview, the outcome-program chart 2010-11 structure is clear and consistent with information in the 2010-11 Portfolio Budget Statements.

1.63 The CDPP's appropriations for 2010-11 decreased from $105,421 million in 2009-10 to $95,927 million in 2010-11. The report notes that the government has put in place interim funding arrangements to enable the CDPP to continue its work and to meet the requirements of the Prosecution Policy of the Commonwealth. Further decreases in future appropriations and financial statements as appear in the Portfolio Budget Statements are also included in the report. The review of CDPP funding arrangements was not complete at the time of publication of tins report.43 44

1.64 The inclusion of statistics and performance indicators shows that the CDPP has met all prosecution performance indicators in 2010-11. The CDPP achieved a 99 per cent rate (4026 from 4083) of successful prosecutions, 100 per cent rate (6 from 6) of prosecution sentence appeals in summary prosecutions being upheld,

and a 99 per cent rate (478 from 485) for defendants in defended committals resulting in a committal order.45 Similarly presented data for previous years provides trend

43 Commonwealth Director of Public Prosecutions Annual Report 2010-11, p. vii.

44 Commonwealth Director of Public Prosecutions Annual Report 2010-11, pp vii-viii.

45 Commonwealth Director of Public Prosecutions Annual Report 2010-11, p. 125.

191

information. A detailed breakdown of information on prosecution processes across a range of criminal offences, and duration of trials, provides a comprehensive background.46

1.65 The committee considers the annual report of the CDPP to be 'apparently satisfactory'.

46 Commonwealth Director of Public Prosecutions Annual Report 2010-11, Chapter 3.

CHAPTER 2

REPORTS ON THE OPERATION OF ACTS AND PROGRAMS

2.1 Standing Order 25(20) does not provide for the consideration of reports on the implementation or operation of acts or programs. The committee is not therefore required to include them in its report on the examination of annual reports. However, as on previous occasions, the committee has chosen to examine such reports, specifically:

" Surveillance Devices Act 2004 Report for the year ending 30 June 2011; and

" Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011 (published by the Commonwealth Ombudsman).

Report on the operation of the Surveillance D evices Act 2004

2.2 The report for the operation of the Surveillance Devices Act 2004 (SD Act) was tabled by the Minister in both Houses of Parliament on 1 November 2011. The report's presentation date to the Minister was 4 October 2011, just outside the SD Act's legislative provisions.

2.3 Under section 50(3) of the SD Act:

The report must be submitted to the Minister as soon as practicable after the end of each financial year, and in any event within 3 months after the end of the financial year.

2.4 Among the significant developments relevant to the SD Act during 2010-11 is the Australian Federal Police's (AFP) reported increase in obtaining surveillance device warrants. The AFP obtained 406 warrants in 2010-11 compared to 311 in 2009-10, representing an increase of 29 per cent. This is in contrast to the Australian Crime Commission (ACC), which reported 179 warrants being obtained for 2010-11, a 10 per cent drop from the preceding reporting period of 199 warrants.1

2.5 There was no information in relation to the number of warrants obtained at the state/territory level as state and territory law enforcement agencies generally rely on their own legislative regimes for their use of surveillance devices, although they are able to make use of the SD Act when dealing with a Commonwealth matter or during a joint operation.1 2

2.6 There were no significant judicial decisions under the SD Act during the reporting period.

1 Attorney-General's Department, Surveillance Devices Act 2004 Report for the year ending 30 June 2011, p. 8.

2 Attorney-General's Department, Siu-veillance Devices Act 2004 Report for the year ending 30 June 2011, p. 8.

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2.7 Pursuant to paragraph 50(1 )(a) of the SD Act, the annual report must provide information on the number of applications for warrants made and the number of warrants issued for the reporting period. Under subsection 50(2), the SD Act also requires the report to provide a breakdown of these numbers in respect of each different kind of surveillance device.3

2.8 For 2010-11 there was an approximate 12 per cent increase with 588 warrants issued, compared to 522 warrants issued during the preceding period. The law enforcement agencies, to which these warrants were issued, were: ACC; AFP; NSW

Police; and Victoria Police.4

2.9 The report notes that section 10 of the SD Act allows a surveillance device warrant to cover more than one surveillance device or more than one kind of surveillance device. It could also be issued for composite devices, meaning devices

that may have more than one function. For example, a warrant could authorise the use of separate listening and tracking devices for a vehicle or a composite device containing both listening and tracking functions. 5

2.10 Section 15 of the SD Act provides for remote application for a warrant. There were no remote applications during the reporting period.

2.11 Section 50 requires the inclusion of additional information which is, for the committee's purpose, indicative of the SD Act's effective use, such as: the number of arrests; prosecutions and convictions; and the number of locations and safe recoveries of children, based on information obtained using surveillance devices.6

2.12 The table below shows the number of arrests, prosecutions and convictions for 2010-11. There was no information for the NSW Police as they had nil data for the reporting period.

3 Attorney-General's Department, Surveillance Devices Act 2004 Report for the year ending 30 June 2011, p. 10.

4 Attorney-General's Department, Surveillance Devices Act 2004 Report for the year ending 30 June 2011, p. 10.

5 Attorney-General's Department, Surveillance Devices Act 2004 Report for the year ending 30 June 2011, p. 10.

6 Attorney-General's Department, Surveillance Devices Act 2004 Report for the year ending 30 June 2011, p. 14.

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AGENCY Arrests Safe

Recovery

Prosecutions Convictions

ACC 30 - 4 4

AFP 47 - 50 10

Victoria Police

5 - - -

CCC - - - I7 8

Total 82s - 54 15

2.13 The report notes that information regarding arrests, prosecutions (inclusive of committal proceedings) and convictions should be interpreted with caution, especially in presuming a relationship between them. An arrest in one reporting period might lead to a prosecution (if at all) in a later reporting period, likewise a conviction in one reporting period could be recorded in another period. Further, there is no correlation between the number of charges and arrests as an arrest could lead to conviction of multiple offences. Also, in situations where the weight of evidence obtained from

surveillance devices is sufficient for defendants to enter guilty pleas, it may not be necessary for surveillance information to be introduced as evidence.9

Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979

2.14 The Commonwealth Ombudsman's (Ombudsman) annual report into the Australian Federal Police's (AFP) activities under Part V of the Australian Federal Police Act 1979 (AFP Act) was tabled in both Houses of Parliament on

22 November 2011.

2.15 Part V of the AFP Act confers to the Ombudsman oversight responsibilities in respect of the way that the AFP handles complaints about it and its members.10

2.16 The Ombudsman conducts annual and ad hoc reviews of AFP complaint≠ handling procedures and processes by undertaking an inspection of records. For the

7 This conviction is the result of a warrant and extensions granted during 2008-09.

8 Attorney-General's Department, Surveillance Devices Act 2004 Report for the year ending 30 June 2011, p. 15. The total figure in the report was 77. This figure does not appear to match the sum calculation of figures provided, which is 82.

9 Attorney-General's Department, Surveillance Devices Act 2004 Report for the year ending 30 June 2011, p. 15.

10 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 1.

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2010-11 financial year, the Ombudsman conducted one review inspection pursuant to subsections 40XA and 40XD of the AFP Act.11

2.17 The review's findings regarding establishment rates for publicly generated complaints remain lower than for internally generated complaints. These findings are similar to those found in the two preceding reviews on the matter.11 12

2.18 The Ombudsman reported that timeliness in complaint resolution for 2010-11 deteriorated across all categories compared to those of the two preceding reviews. At the time of the Ombudsman's 2010-11 review, the AFP had implemented new complaint processes which had yet to operate effectively when the Ombudsman was conducting its review for the report. For the 2010-11 review, the Ombudsman examined 76 complaints in detail and found only six (eight per cent) of these complaints were finalised within the AFP's own standards. Twenty-seven complaints took in excess of a year to finalise, with two of those taking in excess of 1000 days to finalise.13 The Ombudsman found the AFP's performance in this area to be well short of its own benchmarks.14 15

2.19 To address this issue, the AFP has established an Adjudication Panel and engaged a former senior officer to assist in the finalisation of a backlog of complaints. The AFP has also included a performance measure in the Human Resource Business Plan to improve the timeliness of complaint resolution by 25 per cent.13 As a result of these measures, the AFP reported that it was able to finalise a large number of complaints in backlog16 and has more recently advised the Ombudsman that it is achieving the benchmark for a majority of new complaints; however a significant backlog still remains.17

2.20 Another area of review by the Ombudsman was the frequency of contact with complainants. The Ombudsman reported an improvement in this area since its last review. In 2010-11, the review indicated investigators were contacting complainants and capturing their concerns in 45 per cent of cases. This compares well to 30 per cent

and below of cases reported in previous reviews. In another 40 per cent of complaint

11 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 2.

12 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 1.

13 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 14.

14 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, pp 14-15.

15 Annual repoii on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 15.

16 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 15.

17 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 15.

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cases, contact with the complainant was not necessary due to the nature of the complaint.18 The complaint record did not clarify in the remaining cases whether a complainant was contacted or whether contact was simply not recorded.19

2.21 Reflecting similar findings in earlier reviews, the Ombudsman remain concerned that decision-makers showed a tendency to accept the evidence of an AFP member over a non-AFP member without sufficient justification or without demonstrating that 'sufficient effort was made to gather and test corroborating evidence from other members present or other witnesses.'20

2.22 The Ombudsman reported that in a large number of instances (88 per cent), there was little evidence to indicate that advice was provided about the complaint process to complainants.21

2.23 Complainants were advised of the outcome of investigations in more than 60 per cent of complaints. Thirty per cent of complaints did not require an outcome due to the nature of complaints, and seven per cent did not receive an outcome.22

2.24 The Ombudsman made no recommendation but continued to express its concerns in regards to timeliness of managing and finalising complaints, and frequency of contact with complainants.23 It has indicated that these areas will be of interest in follow-up reviews in future reports.

Senator Trish Crossin Chair

18 They were either a self-report or an internal complaint.

19 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 17.

20 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 18.

21 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 17.

22 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, p. 17.

23 Annual report on the Commonwealth Ombudsman's activities under Part V of the Australian Federal Police Act 1979 for the period 1 July 2010 to 30 June 2011, pp 1 and 18.

197

198

APPENDIX 1

Reports tabled during the period 1 November 2011 and 30 April 2012 and referred to the committee

D epartm ent/authority/

Operation of an act or program

D ate subm itted to Minister/D ate received by Minister

D ate tabled in Senate (received in Senate out

o f session)

D ate tabled in the House

of Reps

Attorney-General's Portfolio

Dep artm ent/authority

Aboriginal and Torres Strait Islander Social Justice Commissioner -

Native Title Report for 2011.

No legislative requirement to table.

1.11.11/1.11.11

23.11.11 23.11.11

Aboriginal and Torres Strait Islander Social Justice Commissioner *

Social Justice Report for 2011.

1.11.11/1.11.11 23.11.11 23.11.11

Anti-People Trafficking

interdepartmental Committee - Third report - Trafficking in persons: The Australian government response, 1 July 2010 to 30 June 2011.

25.10.11/26.10.11 22.11.11 22,11.11

Audio-Visual Copyright Society Limited (Screenrights) * Annual Report for 2010-11.

6.2.12/6.2.12 28.2.12 16.2.12

Australian Commission for Law Enforcement Integrity - Annual Report of the Integrity

Commissioner for 2010-11.1

30.9.11/30.9.11 1.11.11 13.10.11

Australian Crime Commission (ACC) - Annual Report for

2010-11.1 2

4.10.11/5.10.11 1.11.11 13.10.11

1 Also stands referred to the Joint Committee on the Australian Commission for Law Enforcement Integrity, under the Law Enforcement Integrity Commissioner Act 2006.

2 Also stands referred to the Joint Committee on Law Enforcement (formerly Australian Crime Commission), under the Australian Crime Commission Act 2002.

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Page 20

Australian Crime Commission (ACC) Board *Report for 2010-11.3

7.2.12

(Received 20.12.11)

7.2.12

Australian Customs and Border

Protection Service - Annual Report for 2010-11 - Correction.4

27.2.12

(Received 10.2.12)

13.2.12

Australian Human Rights

Commission - Report No. 46 -

Mr Parvis Yousefi, Mrs Mehmoosh Yousefi and Manoochehr Yousefi v Commonwealth of Australia

(Department of Immigration and Citizenship).

7.11.11

(Received 4.11.11)

3.11.11

Australian Human Rights

Commission - Report No. 47 *

Mr Heyward v Commonwealth of

Australia (Department of

Immigration and Citizenship).

7.2.12

(Received 1.12.11)

7.2.12

Australian Human Rights

Commission - Report No. 48 -

Mr CG v State of New South Wales

(Rail Coiporation New South

Wales).

17.2.12/17.2.12 13.3.12 13.3.12

Australian Human Rights

Commission - Annual Report for

2010-11.

21.10.11/21.10.11 1.11.11 1.11.11

Australian Human Rights

Commission - Report on the Review into the Treatment of Women at the Australian Defence Force Academy - Phase 1 of the Review into the

Treatment of Women at the

Australian Defence Force Academy.

26.10.11/26.10.11 8.11.11 3.11.11

3 Also stands referred to the Joint Committee on Law Enforcement (formerly Australian Crime Commission), under the Australian Crime Commission Act 2002.

4 An earlier version of the report without correction was submitted to the Senate and House of Representatives on 31.10.11 but presented to the Senate on 21.10.11. The report was submitted and received before this date by the Minister on 16.9.11 and 5.10.11 respectively.

200

Page 21

Australian Institute of Criminology and Criminology Research Council - Annual Reports for 2010-11.

21.9.11/21.9.11 1.11.11 13.10.11

Australian intelligence agencies - Independent review of the

intelligence community report by Mr Robert Comall AO and Dr Rufus Black, dated November 2011.

No legislative requirement to table.

16.11.11/16.11.11

7.2.12 7.2.12

Australian Law Reform Commission - Report No. 118 - Classification * Content regulation and convergent

media - Final report, dated

Febmary 2012.

29.2.12/29.2.12 13.3.12 1.3.12

Australian Law Reform Commission - Report No. 118 - Classification -

Content regulation and convergent media Summary Report

Section 20 Australian Law Reform Commission Act 1996.

29.2.12/29.2.12 20.3.12 19.3.12

Australian Law Reform Commission - Report No.117 - Family violence and Commonwealth laws *

Improving legal frameworks - " Final report, dated

November 2011.

" Summary report, dated

November 2011.

11.1.12/11.1.12 7.2.12 7.2.12

Australian Transaction Reports and Analysis Centre (AUSTRAC) *

Annual Report for 2010-11.

5.10.11/5.10.11 1.11.11 13.10.11

Commonwealth Director of Public Prosecutions - Annual Report for 2010-11.

29.9.11/29.9.11 1.11.11 13.10.11

Commonwealth Ombudsman -

Annual Report for 2010-11.5 23.12.11/23.12.11 7.2.12 7.2.12

Copyright Agency Limited - Annual Report for 2010-11. 20.12.11/22.12.11 13.3.12 13.3.12

5 Also forwarded to the Finance and Public Administration Legislation Committee.

201

Page 22

High Court of Australia - Annual

Report for 2010-11.

21.11.11

(Received 18.11.11)

21.11.11

Office of the Australian Information Commissioner - Annual Report for the period 1 November 2010 to 30

June 2011, including financial

statements for the Office of the

Privacy Commissioner for the period 1 July 2010 to 31 October 2010 -

Corrigendum.

7.2.12

(Received 20.12.11)

7.2.12 (tabled with corrigendum)

31.10.11

Operation o f an act or program

Annual report on the

Commonwealth Ombudsman's activities under Part V of the

Australian Federal Police Act 1979 for the period 1 July 2010 to

30 June 2011.

22.11.11 22.11.11

Crimes Act 1914 - Review of the

operation of Subdivision A of

Division 6 of Part VIIC of the Act -

Final report, dated September 2011.

19.9.11/19.9.11 9.11.11 21.11.11

Crimes Act 1914 * Authorisations for the acquisition and use of assumed identities - Australian Customs and Border Protection Service * Report for 2010-11.

6.10.11/6.10.11 1.11.11 1.11.11

Crimes Act 1914 - Report for

2010-11 on the Ombudsman's

activities in monitoring controlled operations conducted by the

Australian Crime Commission and the Australian Federal Police.

21.2.12/22.2.12 13.3.12 13.3.12

Crimes Act 1914 * Authorisations for the acquisition and use of assumed identities * Australian Crime

Commission - Report for 2010-11.

25.10.11/25.10.11 22.11.11 22.11.11

Freedom o f Information Act 1982 - Report for 2010-11 on the operation of the Act.

7.2.12

(Received 2.12.11)

7.2.12

202

Page 23

Surveillance Devices Act 2004 *

- Commonwealth Ombudsman's reports on

inspections of surveillance device records for the period 1 January to 30 June 2010 -

Australian Crime

Commission and Australian Federal Police, and Victoria Police (Ethical Standards Department) for the period

1 July 2009 to 31 July 2010.

30.9.11/30.9/11 1.11.11 13.10.11

Sun *eillance Devices Act 2004 * Report for the year ending 30 June

2011.6

4.10.11/4.10.11 1.11.11 1.11.11

Tel ecomm un ica tions (In terception and Access) Act 1979 - Report for the 2010-11 on the operation of the Act.

4.10.11/4.10.11 1.11.11

Telecommunications (Interception and Access) Act 1979 *Report on the operation of the Act for 2010-11,

including a corrigendum.

7.11.11

(4.11.11)

1.11.11

War Crimes Act 1945 - Report for 2010-11 on the operation of the Act. 13.9.11/13.9.11 1.11.11 1.11.11

6 The tabled report in the House of Representatives' Votes and Proceedings' indicated the report included a corrigendum but Senate documents do not appear to include a corrigendum.

203

Page 24

Immigration and Citizenship Portfolio

Migration Act 1958

Reports for the period 1 July 2011 to

31 October 2011 * - Section 91Y - Protection visa

processing taking more than 90 days. - Section 440A - Conduct of

Refugee review Tribunal

reviews not completed within 90 days.

14.12.11/15.12.11 14.3.12 14.3.12

Section 4860 * Assessment of

detention arrangements * Personal identifiers 667/11, 669/11 to 671/11, 672/12 to 673/12, 687/12 to 689/12, 703/12 and 706/12≠

- Commonwealth Ombudsman's reports. - Government response to

Ombudsman's reports.

27.2.12/27.2.12 14.3.12 14.3.12

Section 4860 - Assessment of

detention arrangements - Personal identifiers 644/11 to 647/11, 650/11, 651/11, 656/11, 660/11, 663/11 to

665/11 and 668/11 -- Commonwealth Ombudsman's reports. - Government response to

Ombudsman's reports.

16.11.11/17.11.11 23.11.11 23.11.11

Section 4860 - Assessment of

detention arrangements - Personal identifiers 643/11, 648/11 and 649/11, 652/11 to 655/11 and 657/11 to 659/11

- Commonwealth Ombudsman's reports.

- Government response to

Ombudsman's reports.

11.10.11/11.10.11 2.11.11 2.11.11

204

The Senate

Rural and Regional Affairs and Transport Legislation Committee

Annual reports (No. 2 of 2012)

September 2012

205

© Commonwealth of Australia

ISBN 978-1-74229-686-9

This document was produced from camera-ready copy prepared by the Senate Rural Affairs and Transport Legislation Committee, and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra.

Membership of the Committee

Members

Senator Glenn Sterle

Senator the Hon. Bill Heffeman

Senator Alex Gallacher

Senator Fiona Nash

Senator Rachel Siewert

Senator the Hon. Lin Thorp

ALP, Western Australia

LP, New South Wales

ALP, South Australia

NPA, New South Wales

AG, Western Australia

ALP, Tasmania

Chair

Deputy Chair

Participating Members

Senator Abetz Senator Back Senator Bemardi Senator Bilyk Senator Birmingham Senator Bishop Senator Boswell Senator Boyce Senator Brandis Senator Brown Senator Bushby Senator Cameron Senator Cash Senator Colbeck

Senator Cormann Senator Crossin Senator Di Natale Senator Edwards Senator Eggleston Senator Faulkner Senator Fawcett Senator F ierravanti-W ells

Senator Fifield Senator Fumer Senator Hanson- Young Senator Humphries

Senator Johnston Senator Joyce Senator Kroger Senator Ludlam Senator Macdonald Senator Madigan Senator McEwen Senator McKenzie Senator Marshall Senator Mason Senator Milne Senator Moore Senator Parry Senator Payne Senator Policy

Senator Pratt Senator Rhiannon Senator Ronaldson Senator Ruston Senator Ryan Senator Scullion Senator Singh Senator Smith Senator Stephens Senator Thistlethwaite Senator Urquhart Senator Waters Senator Whish-Wilson Senator Williams Senator Wright Senator Xenophon

iii

207

C om m ittee Secretariat

Mr Stephen Palethorpe, Secretary Ms Cassimah Mackay, Research Officer Ms Trish Carling, Senior Research Officer Ms Carol Stewart, Administrative Officer

PO Box 6100

Parliament House Canberra ACT 2600

phone: (02) 6277 3511 fax: (02) 6277 5811 e-mail: rrat.sen@aph.gov.au internet: www.aph.gov.au/senate rrat

iv

208

Table of Contents

Chapter 1.......................................................................................................................... 1

Overview........................................................................................................................1

Terms of reference..................................................................................................... 1

Purpose of annual reports..........................................................................................2

Requirements............................................................................................................. 2

Reports referred to the committee ............................................................................ 3

Reports not examined................................................................................................4

Timeliness.................................................................................................................. 4

Comments on reports.................................................................................................5

Senate remarks on annual reports ............................................................................. 7

Chapter 2..........................................................................................................................9

Annual reports of agencies.........................................................................................9

Agriculture, Fisheries and Forestry portfolio...........................................................9

Commonwealth authorities........................................................................................9

Prescribed agencies................................................................................................. 12

Infrastructure and Transport portfolio .................................................................... 14

Prescribed agency.................................................................................................... 14

Regional Australia, Local Government, Arts and Sport portfolio ........................ 14

Prescribed agency.................................................................................................... 14

Appendix 1.....................................................................................................................17

List of annual reports referred to the committee during the period 1 November 2011 to 30 April 2012...........................................................................17

Agriculture, Fisheries and Forestry portfolio.........................................................17

Infrastructure and Transport portfolio .................................................................... 19

Regional Australia, Local Government, Arts and Sport portfolio ....................... 20

v

209

210

List of Abbreviations

AFMA Australian Fisheries Management Authority

ATSB Australian Transport Safety Bureau

CAC Act Commonwealth Authorities and Companies Act 1997

CAC Orders Commonwealth Authorities and Companies (Report of Operations) Orders 2008

CROC Cotton Research and Development Corporation

EPBC Act Environmental Protection and Biodiversity Consej *vation Act 1999

FMA Act Financial Management and Accountability Act 1997

FOI Act Freedom of Information Act 1982

FRDC Fisheries Research and Development Corporation

GRDC Grains Research and Development Corporation

GWRDC Grape and Wine Research and Development Corporation

KPIs Key Performance Indicators

NCA National Capital Authority

OH&S Act Occupational Health and Safety Act 1991

PIERD Act Primary Industries and Energy? Research and Development Act 1989

PM&C Department of the Prime Minister and Cabinet

R&D Research and Development

Requirements for Requirements for Annual Reports for Departments, Executive Annual Reports Agencies and FMA Act Bodies

RIRDC Rural Industries Research and Development Coiporation

SRDC Sugar Research and Development Corporation

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211

TSPZJA Torres Strait Protected Zone Joint Authority

WEA Wheat Exports Australia

viii

212

Chapter 1

Overview

1.1 The Senate Rural and Regional Affairs and Transport Legislation Committee (the committee) is responsible for examining the annual reports of departments and agencies within three portfolios:

%† Agriculture, Fisheries and Forestry;

" Infrastructure and Transport; and

" Regional Australia, Local Government, Arts and Sport.1

Terms of reference

1.2 Under Senate Standing Order 25(20), annual reports of departments and agencies 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 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; 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.

1 Journals of the Senate, No. 74, 8 February 2012, pp 2043-2044.

2

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 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 government departments and agencies and the administration of government programs.

Requirements

1.4 Annual reports are examined by the committee 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.

1.5 For departments of state and executive agencies the requirements are contained in the:

" Public Service Act 1999, subsections 63(2) and 70(2); and

" 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 on 6 July 2011 and updated by PM&C on 8 July 2011.

1.6 For Commonwealth authorities and companies the requirements are contained in the:

" Commonwealth Authorities and Companies Act 1997 (the CAC Act), sections 9, 36 and 48; and

" Commonwealth Authorities and Companies (Report of Operations) Orders 2008 (CAC Orders).

1.7 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.2

1.8 As mentioned in the committee's Report on Annual Reports (No. 1 of 2012), on 22 September 2011 the Finance Minister signed the Commonwealth Authorities (Annual Reporting) Orders 2011. These Orders commenced on 14 October 2011, the day after registration, and replace the Commonwealth Authorities and Companies (Annual Reporting) Orders 2008.

1.9 The committee notes that the Finance Minister also signed the

Commonwealth Companies (Annual Reporting) Orders 2011 on 22 September 2011. These Orders commenced on 13 October 2011, the day after registration. The committee notes that, prior to these Orders, 'no reporting Orders have been issued for

2 Senate Hansard, 8 December 1987, pp 2643-45.

214

3

wholly-owned Commonwealth companies'3 and that these Orders require Commonwealth companies to report specific public sector issues in their annual reports, in addition to the requirements of the Corporations Act 2001.

1.10 Annual reports for Commonwealth authorities and companies for the 2012-13 financial year should be prepared in accordance with the Commonwealth Authorities (Annual Reporting) Orders 2011, and the Commonwealth Companies (Annual Reporting) Orders 2011, respectively.

Reports referred to the committee

1.11 Standing Order 25(20)(f) requires the committee to report on annual reports tabled by 30 April each year by the tenth sitting day after 30 June of that year. This year, that date is 12 September 2012. The committee is also required to report on annual reports tabled by 31 October each year by the tenth sitting day of the following year.

1.12 This report considers annual reports which were tabled in the Senate or presented to the President of the Senate between 1 November 2011 and 30 April 2012.4 It includes annual reports submitted to the Minister before 30 October 2011, but tabled after that date and therefore not considered as part of the committee's report Annual Reports (No. 1 of 2012).

1.13 The committee examined eight annual reports of agencies within the Agriculture, Fisheries and Forestry portfolio, one annual report of an agency within the Infrastructure and Transport portfolio, and one annual report of an agency within the Regional Australia, Local Government, Arts and Sport portfolio, as follows:

" Australian Fisheries Management Authority *Report for 2010-11;

" Australian Transport Safety Bureau *Report for 2010-11;

" Cotton Research and Development Corporation *Report for 2010-11;

" Fisheries Research and Development Corporation *Report for 2010-11;

" Grains Research and Development Corporation *Report for 2010-11;

" Grape and Wine Research and Development Corporation *Report for 2010-11;

" National Capital Authority *Report for 2010-11;

" Rural Industries Research and Development Corporation *Report for 2010-11;

" Sugar Research and Development Corporation *Report for 2010-11; and

" Wheat Exports Australia *Report for 2010-11.

3 Commonwealth Authorities (Annual Reporting) Orders 2011, Explanatory Statement, p. 2.

4 As noted in Annual Reports (No. 1) of 2012, a number of reports were tabled on 1 November 2011 and examined in the committee's Annual Reports (No. 1) of 2012.

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1.14 A complete list of reports referred to the committee (including those not examined) appears at Appendix 1.

Reports not examined

1.15 The committee is not obliged to report on Acts, statements of corporate intent, surveys, corporate plans or errata. The following six documents were referred to the committee, but have not been examined:

" Australia Business Aits Foundation Ltd *Financial Statements for the year ended 30 June 2011;

" Australian Meat and Live-stock Industry Act 1997 *Livestock mortalities during exports by sea *report for the period 1 July to 31 December 2011;

" Australian Sports Commission *Strategic Plan 2011-12 to 2014-15;

" Daily Produce Act 1986 *Report for 2010-11 in relation to the compliance with the statutory funding agreement between the Commonwealth of Australia and Dairy Australia Limited;

" Sydney Airport Demand Management Act 1997 *quarterly report on the maximum movement limit for the period 1 July to 30 September 2011; and

" Sydney Airport Demand Management Act 1997 *quarterly report on the maximum movement limit for the period 1 October to

31 December 2011.

Timeliness

1.16 Standing Order 25(20)(c) requires the committee to report to the Senate on the late presentation of annual reports.

1.17 As stated in the Requirements for Annual Reports, 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." Those Commonwealth authorities and companies reporting under the CAC Act are required to provide their annual reports to the Minister by the 15 th day of the fourth month after the end of the financial year.5 6 Where the authorities and companies' financial year ends on 30 June, this deadline translates to 15 October.

1.18 The committee notes that all Commonwealth authorities' annual reports examined in this report were not sent to the Minister by the 15 October. Section 28 of the Primary Industries and Energy Research and Development Act 1989 (PIERD Act) states that a Research and Development (R&D) Council must, 'as soon as practicable

5 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, July 2011, p. 2.

6 Commonwealth Authorities and Companies Act 1997, s. 9.

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after 30 June each year', prepare and give to the Minister a report of its operations during the financial year that ended on that day.

1.19 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.7

1.20 As noted in the committee's report Annual reports (No. 1 of 2012), a number of annual reports were tabled in the Senate after the appropriate deadlines and will be examined in this report.8

1.21 Although not subject to the timeframes in the CAC Act or Financial Management and Accountability Act 1997 (FMA Act), the committee notes a significant delay in the tabling of the Torres Strait Protected Zone Joint Authority (TSPZJA) Annual Report 2009-10. The TSPZJA has not tabled an annual report since

its 2008-09 Annual Report (tabled in the Senate on 21 June 2011). The committee encourages the TSPZJA to produce its annual report in a more timely manner.

Comments on reports

1.22 Under Standing Order 25(20)(a) the committee is required to scrutinise annual reports and inform the Senate as to whether they are 'apparently satisfactory'. To make this assessment the committee examines whether annual reports comply with the statutory reporting guidelines relevant to each particular report.

1.23 The committee considers that the reports examined are generally 'apparently satisfactory', although some do not comprehensively address all of their legislative requirements. While any divergence from these requirements is mostly minor in nature, the committee encourages agencies to pay particular attention to the matters discussed below.

Aids to Access: Indexes

Compliance indexes

1.24 As mentioned in previous reports, compliance indexes greatly facilitate the committee's task of ensuring adherence to reporting requirements, and also assist agencies to demonstrate that all legislative obligations have been met.

1.25 The committee finds it especially helpful when wording or phrases contained in legislation are used in the compliance index. If a variation of the wording is used, items listed in the compliance index can be too broad to be considered useful.

1.26 This is especially relevant to bodies reporting under the PIERD Act. The committee finds that while most agencies listed the PIERD Act reporting requirements separately to the compliance index, the list of PIERD Act reporting requirements

7 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, July 2011, p. 2.

8 Senate Rural and Regional Affairs and Transport Legislation Committee, Annual reports (No. 1 of 2012), March 2012, p. 5.

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rarely appeared to be complete. The committee recommends creating this list directly from the reporting requirements listed in the PIERD Act for a more comprehensive compliance index.

1.27 The committee considers that where items are not applicable, the compliance index would benefit from the inclusion of these items, with an 'N/A' where appropriate.

1.28 The committee considers that while it has not used identical wording from the legislation, the Fisheries Research and Development Corporation has provided a thorough compliance index for its reporting under the PIERD Act.9

Changes to legislative requirements fo r Commonwealth authorities

1.29 The committee notes that the Information Publication Scheme, introduced in May 2011, has replaced the former annual report publication requirements in section 8 of the Freedom of Information Act 1982 (FOI Act). For the period 1 July 2010 to 30 April 2011, annual reports should contain a section 8 statement, explaining these changes.

1.30 The committee considers the Fisheries Research and Development Corporation and the Grains Research and Development Corporation have fulfilled this reporting requirement to a high standard.10 11 Further discussion on reporting under the FOI Act is included in chapter 2.

Report on performance

1.31 The Requirements for Annual Reports states that the annual report must include a review of performance during the year, in relation to deliverables and Key Performance Indicators of programs, and their 'effectiveness in achieving the planned outcomes'. Specifically, it states:

Descriptions of processes and activities should be avoided. Rather, reporting should be aimed at providing an assessment of how far the agency has progressed towards outcomes.11

1.32 For agencies reporting under the CAC Act, the CAC Orders state that the assessment of performance should address both the efficiency and effectiveness of the operations of the authority, and 'make clear links between outcomes, strategies for achieving those outcomes and the principal outputs'.12

1.33 For bodies required to report under the PIERD Act, section 28(b)(i) states that the directors must include 'an assessment of the extent to which its operations during the period have achieved its objectives as stated in its R&D plan'.

9 Fisheries Research and Development Corporation, Annual Report 2010-11, p. 173.

10 Fisheries Research and Development Corporation, Annual Report 2010-11, pp 90 and 165-166; Grains Research and Development Corporation, Annual Report 2010-11, p. 101.

11 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, July 2011, p. 6.

12 Commonwealth Authorities and Companies (Report of Operations) 2008, p. 6.

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1.34 The committee considers that while the reporting on performance was presented clearly, and used helpful tables, a number of annual reports did not provide a thorough assessment of the effectiveness of performance. Rather, an 'achievements' column was provided, with a description of activities that have taken place.13 Displaying the information in this way provides no direct correlation between the targets and their achievements, and the committee finds it difficult to assess whether targets were achieved or not.

1.35 The committee considers that the Sugar Research and Development Corporation, the Cotton Research and Development Corporation, and the Australian Fisheries Management Authority all fulfilled this reporting requirement to a high standard.

Reviews by outside bodies

1.36 The committee notes that on 15 June 2011, the Australian Government released the final report of the Productivity Commission inquiry into the rural research and development corporations, as well as the preliminary government response to the Productivity Commission's report, and the National Strategic Rural R&D Investment Plan.

1.37 On 23 July 2012, the Minister for Agriculture, Fisheries and Forestry released a Rural Research and Development Policy Statement, which incorporated the response to the two reports.14 The committee expects that any changes to the R&D bodies as a result of these reports will be included in future annual reports where appropriate.

Senate remarks on annual reports

1.38 In accordance with Senate Standing Order 25(20)(d), the committee is required to take into account remarks made in the Senate which are relevant to the annual reports under consideration. No substantive debate on annual reports within the committee's portfolios took place in the Senate. However, the committee notes that the Australian Fisheries Management Authority *Report for 2010-11 is listed for future debate on the Senate Notice Paper.15

13 See, for example, Fisheries Research and Development Corporation, Annual Report 2010-11, pp 27-28, 39M0, 48, 53 and 59; Grape and Wine Research and Development Corporation, Annual Report 2010-11, pp 20M1; and Grains Research and Development Corporation, Annual Report 2010-11, pp 77, 91,95, 9^97.

14 www.daff. 2 ov.au/agriculture-food/innovation/productivitv-commission-review-of-the-research- and-development-corporation (accessed 6 September 2012).

15 Senate Notice Paper, No. 106, 10 September 2012, Proof Copy, p. 12.

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Chapter 2

Annual reports of agencies

2.1 The committee considered all of the following reports to be 'apparently satisfactory'.

Agriculture, Fisheries and Forestry portfolio

Commonwealth authorities

Cotton Research and Development Corporation (CROC)

2.2 The CRDC has again provided a clear, concise and well-constructed annual report. The committee considers the CRDC's report on its performance against the Annual Operating Plan to be of a high standard.1 Key performance indicators are clearly listed in a table that identifies whether indicators were achieved, partially achieved, or not achieved. The committee finds it especially helpful that where indicators were partially achieved, or not achieved, the CRDC has provided an

explanation as to why.1 2

2.3 The committee is pleased to note that, following comments made in its previous reports, the CRDC has improved its reporting under the Occupational Health and Safety Act 19913 (OH&S Act), Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) and FOI Acts.4 5 Reporting under the OH&S Act

contains information provided in a helpful table, however, the committee reminds the CRDC that reporting under the FOI Act should also contain contact details where enquiries can be made.3

2.4 The CRDC reported that in April 2011 the Minister notified the Corporation that achieving diversity in Board appointments is to be a priority.6 The committee looks forward to seeing progress on this matter reported in future annual reports.

2.5 The CRDC has provided a helpful summary of factors, events and trends influencing its performance over the financial year. The committee notes that, following a decade-long drought, the 2010-11 cotton harvest produced an Australian

record of four million bales. The CRDC reported that cotton prices also rose during

1 Cotton Research and Development Corporation, Annual Report 2010-11, pp 30-58.

2 Cotton Research and Development Corporation, Annual Report 2010-11, pp 121-129.

3 As of 1 January 2012 the OH&S Act has been replaced by the Work Health and Safety Act 2011.

4 Cotton Research and Development Corporation, Annual Report 2010-11, pp 73-74 and 130.

5 Cotton Research and Development Coiporation, Annual Report 2010-11, p. 74.

6 Cotton Research and Development Corporation, Annual Report 2010-11, p. 69.

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this time, which allowed growers to recover from some of the financial damage of previous years.7

Fisheries Research and Development Corporation (FRDC)

2.6 The committee notes that, overall, the FRDC has provided a clear and concise annual report. The committee is disappointed to note, however, that its reporting on key performance indicators is not as clear as its previous annual report. Where previously the table of key performance indicators contained a column that clearly stated 'achieved' where relevant, the table now contains a column titled 'achievements', which provides a description of the activities involved. The committee reminds the FRDC that an assessment on the effectiveness of operations should also be included.8 9

2.7 The FRDC has provided a helpful compliance index that includes a separate section for reporting under the PIERD Act. The committee notes, however, that some items listed under the compliance index for the PIERD Act do not use the same

wording as section 28 of the PIERD Act, making it difficult for the committee to assess whether or not reporting requirements were met. The committee expects this matter to be addressed in future annual reports.

2.8 The committee is pleased to note that, following comments made in its previous report, the FRDC has improved its reporting under the EPBC, FOI and OH&S Acts. Each section provides the information required to a high standard, and

in a clear and easy to understand format.Q

Grains Research and Development Corporation (GRDC)

2.9 The GRDC has again provided a well presented and informative report. Throughout the report, the use of tables helps fulfil the reporting requirements, such as organisation structure, significant events, and expenditure on government research priorities, in an easily accessible manner.10 11

2.10 The committee commends the GRDC for its reporting under the FOI Act, which clearly lays out all reporting requirements, provides a section 8 statement for the period 1 July 2010 to 30 April 2011, as well as a statement detailing the new arrangements as part of the Information Publication Scheme.11 The committee also notes that the GRDC's reporting under the OH&S Act has improved substantially.12

7 Cotton Research and Development Corporation, Annual Report 2010-11, p. 2.

8 Fisheries Research and Development Corporation, Annual Report 2010-11, pp 27-28, 39^t0, 48, 53 and 59.

9 Fisheries Research and Development Corporation, Annual Report 2010-11, pp 26-27. 85-86, 90, 157 and 165-166.

10 Grains Research and Development Corporation, Annual Report 2010-11, pp 3 *4-, 15 and 146 * 147.

11 Grains Research and Development Corporation, Annual Report 2010-11, p. 101.

12 Grains Research and Development Corporation, Annual Report 2010-11, pp 103-104.

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2.11 The compliance index provided separates the CAC Act and PIERD Act requirements, which the committee finds helpful. The committee notes, however, that items listed under the PIERD Act requirements appear to be incomplete. The committee considers that for items required to be reported on, but are not applicable, the inclusion of these items, marked as 'N/A', would be beneficial.

Grape and Wine Research and Development Corporation (GWRDC)

2.12 The committee again commends the GWRDC for providing a clear and specific compliance index. This greatly assists the committee's ability to ensure adherence to reporting requirements.

2.13 The committee is pleased to note that, following comments made in its previous reports, several improvements have been made to the GWRDC's annual report. The GWRDC has provided an alphabetical index, and has substantially

improved its reporting on legislative requirements. Reporting under the FOI and OH&S Acts were fulfilled to a high standard, with all reporting requirements covered in a clear and comprehensive manner.13

2.14 The committee notes that the GWRDC's reporting on operations, as mentioned in paragraphs 1.31-1.35, has an 'achievements' column rather than an assessment of effectiveness. The committee finds that, while the information is presented more clearly than previous annual reports, the GWRDC would benefit from

including a clearer assessment of both the efficiency and effectiveness of its operations.14 15

2.15 The GWRDC has fulfilled its reporting on corporate governance to a high standard, however, the committee reminds GWRDC that attendance at board committee meetings should also be included in the corporate governance statement.13

Rural Industries Research and Development Corporation (RIRDC)

2.16 The committee again commends the RIRDC for providing a comprehensive review of its functions, activities, and outcomes in its annual report for 2010-11. The compliance index provided was clear, with separate sections for reporting requirements under the PIERD Act. However, the committee notes that the separate

section provided for 'other legislative requirements' did not contain page numbers. The committee did not find this too problematic, as items such as reporting under the FOI and EPBC Acts were located within the CAC and PIERD Acts compliance

indexes.16

2.17 The committee is pleased to note that, following comments made in its previous reports, the RIRDC's reporting under the FOI Act has improved. However,

13 Grape and Wine Research and Development Corporation, Annual Report 2010-11, pp 51-52, 53 and 99.

14 Grape and Wine Research and Development Corporation, Annual Report 2010-11, pp 20-33.

15 Grape and Wine Research and Development Corporation, Annual Report 2010-11, pp 42^43.

16 Rural Industries Research and Development Corporation, Annual Report 2010-11, pp 241-242.

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the committee notes that it would benefit from including further information on the categories of documents maintained. The RIRDC's statement on the National Disability Strategy is also of a high standard .1'

Sugar Research and Development Corporation (SRDC)

2.18 The committee is disappointed to find that, following comments made in its previous reports, the SRDC has again provided an incomplete compliance index.

2.19 Without a complete compliance index, the committee finds it difficult to assess whether or not all reporting requirements have been met. The committee is especially concerned at the number of items that appear to be missing from the SRDC's reporting under the PIERD Act.17 18 19

2.20 The committee does note however, that while most reporting requirements were not included in the compliance index, they appear to have been covered throughout the report in a clear and thorough manner.

2.21 The committee notes that while the SRDC's report on performance also appeared not to be included in the compliance index, it has provided a clear assessment of key performance indicators and deliverables, with all results listed as 'achieved', excluding one item which is listed as 'partly achieved', and provides an

explanation as to why. The committee considers this to be a high standard of reporting on performance.

2.22 The SRDC's reporting under the FOI Act did not contain a section 8 statement covering the period 1 July 2010 to 30 April 2011 inclusive, nor did it contain a statement explaining the newly established Information Publication Scheme. The committee encourages the SRDC to look carefully at the reporting requirements under this legislation when compiling upcoming reports.10

Prescribed agencies

Australian Fisheries M anagement Authority (AFMA)

2.23 The committee connnends AFMA on consistently providing a high standard of reporting. The report is well written, comprehensive, and provides a detailed compliance index. The committee is also pleased to note that, following comments made in the committee's previous reports, AFMA has included a separate section for compliance under the Fisheries Administration Act 1991 (AFMA's enabling legislation).20

2.24 AFMA has improved its reporting on performance, and reporting against deliverables and key performance indicators. An assessment of the effectiveness of

17 Rural Industries Research and Development Corporation, Annual Report 2010-11, pp 13 and 159.

18 Sugar Research and Development Corporation, Annual Report 2010-11, p. 130.

19 Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, July 2011, p. 21.

20 Australian Fisheries Management Authority, Annual Report 2010-11, p. 191.

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performance is provided, with results listed in a clear manner, and explanations given when targets have been classified as *partially met', rather than 'met'.21

2.25 AFMA's reporting on its management of human resources is of a high standard. An assessment of its effectiveness in managing and developing human resources to achieve departmental objectives is provided in a clear and easy to read format, with helpful tables used where appropriate. However, the committee reminds AFMA that its reporting on consultancies should clearly state whether the consultancies listed are for the reporting year, for previous years, or both. If there are no ongoing consultancies from previous years, the committee considers that a

statement to this effect should be included.22

2.26 Once again, the committee commends AFMA for its high standard of reporting under the FOI, EPBC and OH&S Acts, as well as its reporting on the Advertising and Market Research section required by the Commonwealth Electoral Act 1918, and the National Disability Strategy.23

Wheat Exports Australia (WEA)

2.27 The committee notes that the Wheat Export Accreditation Scheme, under which the WEA operates, may be abolished on 30 September 2012. While access test requirements will remain, staffing numbers will be reduced, and if the Export Marketing Amendment Bill 2012 is passed, the WEA will cease on

31 December 2012.24

2.28 In its financial statements, the WEA states that it has become aware that there is an increased risk of non-compliance with section 83 of the Constitution where payments are made from special appropriations and special accounts in circumstances where the payments do not accord with conditions included in the relevant legislation.2^ This is also mentioned in the Auditor-General's Independent Audit Report, under its report on other legal and regulatory requirements.26

2.29 The committee understands that the WEA intends to investigate the circumstances, and any impact on its special account.27

2.30 The WEA's reporting on performance has been fulfilled to a high standard, especially its reporting on program deliverables and key performance indicators (KPIs). The committee is pleased to note that, following comments made in previous

21 Australian Fisheries Management Authority, Annual Report 2010-11, pp 14-33.

22 Australian Fisheries Management Authority, Annual Report 2010-11, pp 182-184.

23 Australian Fisheries Management Authority, Annual Report 2010-11, pp 53, 62-63, 175-177, 178 and 179-181.

24 Wheat Exports Australia, Annual Report 2010-11, pp 2, 4, 6 and 9.

25 Wheat Exports Australia, Annual Report 2010-11, pp 70-71.

26 Wheat Exports Australia, Annual Report 2010-11, p. 38.

27 Wheat Exports Australia, Annual Report 2010-11, pp 70-71.

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reports, the WEA has provided a statement indicating if KPIs have been historically met for the last three years.28

Infrastructure and Transport portfolio

Prescribed agency

Australian Transport Safety Bureau (ATSB)

2.31 The committee is pleased to note that the ATSB has again fulfilled its reporting requirements under the FMA Act and its own governing legislation to a high standard. The report is clear, well structured, and easy to read.

2.32 The ATSB lists the national transport reforms as a significant change in the nature of its principal functions/services. The committee notes that in the 2010-11 Budget, the ATSB was allocated $0,8 million to enable it to prepare for a national role as Australia's no-blame rail and maritime safety investigator, with a further $2.4 million in 2011-12 and $8 million in 2012-13 announced for this purpose.29

2.33 The committee finds that the ATSB's reporting on performance is displayed in a clear and easy to read format. The tables do not contain a clear 'achieved' or 'not achieved' column. Instead, they contain a target, with results of those actions relating to that target. The committee considers that this is an effective way to report on the performance of the specific nature of the ATSB's work. However, its report on performance could benefit from the inclusion of descriptors such as 'achieved',

'partially achieved' or 'not achieved' alongside its targets and results.30

Regional Australia, Local Government, Arts and Sport portfolio

Prescribed agency

National Capital Authority (NCA)

2.34 This is the first opportunity that the committee has had to examine the annual report of the NCA, as a result of the change of allocations which occurred when the Senate amended the order relating to the allocation of departments and agencies to committees.

2.35 The committee notes that the National Capital Authority Annual Report 2009- JO was examined in the Senate Finance and Public Administration Committee's Annual Report (No. 2 of 2011). In this report, the Senate Finance and Public Administration Committee encouraged the National Capital Authority to focus its next

28 Wheat Exports Australia, Annual Report 2010-11, pp 12-22 and 89-101.

29 Australian Transport Safety Bureau, Animal Report 2010-11, p. 32.

30 Australian Transport Safety Bureau, Annual Report 2010-11, pp 22 *32.

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annual report on an assessment of its performance, rather than providing a description of its activities.31

2.36 The committee is disappointed to note that the NCA has not included a clear assessment of its performance, and encourages the NCA to include this in its next annual report.32

Senator Glenn Sterle

Chair

31 Senate Finance and Public Administration Committee, Annual Reports (No. 2 of 2011), pp 23≠ 24.

32 National Capital Authority, Annual Report 2010-11, pp 16-109.

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Appendix 1

List of annual reports referred to the committee during the period 1 November 2011 to 30 April 2012

Agriculture, Fisheries and Forestry portfolio

Legislation Letter of transmittal date

Date sent to Minister

Date

received by Minister

Tabling date*

Common wealth authorities

Lotton Research and )evelopment Corporation * Leport for 2010-11

PIERD Act 1989

CAC Act 1997

4/10/11 3/11/11 9/11/11 7/02/12*

(received 2/12/11)

isheries Research and levelopment Corporation * Leport for 2010-11

PIERD Act 1989

CAC Act 1997

25/08/11 2/11/11 8/11/11 7/02/12*

(received 19/12/11)

irains Research and levelopment Corporation * Leport for 2010-11

PIERD Act 1989

CAC Act 1997

6/10/11 24/10/11 8/11/11 22/11/11

irape and Wine Research and levelopment Corporation * Leport for 2010-11

PIERD Act 1989

CAC Act 1997

23/08/11 24/10/11 8/11/11 7/02/12*

(received 2/12/11)

Lural Industries Research and levelopment Corporation * Leport for 2010-11

PIERD Act 1989

CAC Act 1997

30/09/11 24/10/11 8/11/11 22/11/11

ugar Research and Development ,'orporation *Report for 2010-11 PIERD Act 1989 CAC Act 1997

30/09/11 24/10/11 9/11/11 7/02/11*

(received 13/12/11)

Prescribed agencies

Australian Fisheries Management

Authority *Report for 2010-11 Fisheries Administration Act 1991

FMA Act 1997

7/10/11 20/10/11 29/10/11 9/11/11

Vheat Exports Australia *Report or 2010-11 Wheat Export Marketing Act 2008

FMA Act 1997

27/09/11 27/09/11 14/10/11 7/11/11

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Other

Australian Landcare Council * Report for 2010-11 Natural Resources Management

(Financial Assistance) Act 1992

26/10/11 15/12/11 15/12/11 28/02/12

Australian Livestock Export Corporation (Li veCorp) *Report for 2010-11

Australian Meat and Live-stock Industry Act 1997

Colorations Act 2001

n/a16/11/11 18/11/11 7/02/12*

(received 19/12/12)

Australian Meat and Live-stock Industry Act 1997 *Live-stock mortalities during exports by sea *Report for the period 1 July

to 31 December 2011

Australian Meat and Live-stock Industiy Act 1997

n/a31/01/12 31/01/12 20/03/12

Dairy Australia Limited *Report for 2010-11 Dairy Produce Act 1986

Coi-porations Act 2001

n/a8/11/11 9/11/11 7/02/12*

(received 19/12/11)

Daiiy Produce Act 1986 *Report for 2010-11 in relation to compliance with the statutory funding agreement between the Commonwealth of Australia and Dairy Australia Limited

Daiiy Produce Act 1986 2/04/12 27/03/12 27/03/12 10/05/12*

(received 12/04/12)

National Residue Survey *-Report for 2010-11 National Residue Survey

Administration Act 1992

n/a30/11/11 15/12/11 27/02/12*

(received 17/02/12)

National Rural Advisory Council *Report for 2010-11 Rural Adjustment Act 1992

8/11/11 8/12/11 8/12/11 27/02/12*

(received 21/02/12)

* An asterisk denotes reports presented to the President out-of-session.

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Infrastructure and Transport portfolio

Legislation Letter of transmittal date

Date sent to Minister

Date

received by Minister

Tabling date*

Prescribed agencies

Australian Transport Safety Bureau *Report for 2010-11 Transport Safety Investigation Act

2003

FMA Act 1997

28/10/11 1/12/11 5/12/11 7/02/12*

(received 20/12/11)

Other

Sydney Airport Demand Management Act 1997- *quarterly report on the maximum movement limit for the period 1

July to 30 September 2011

Sydney Airport Demand Management Act 1997

n/a20/10/11 24/10/11 9/11/11

Sydney Airport Demand Management Act 1997 *quarterly report on the maximum movement limit for the period 1

October to 31 December 2011

Sydney Airport Demand Management Act 1997

n/a27/01/12 30/01/12 28/02/12

* An asterisk denotes reports presented to the President out-of-session.

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Regional Australia, Local Government, Arts and Sport portfolio

Legislation Letter of

transmittal date

Date Sent to Minister

Date

received by Minister

Tabling date*

Prescribed agency

National Capital Authority * Report for 2010-11 Australian Capital Territory (Planning

and Land Management) Act 1988

28/10/11 12/12/11 12/12/11 7/02/12*

(received 25/01/12)

Other

Australia Business Arts Foundation Ltd *Financial Statements for the year ended 30 June 2011

Corporations Act 2001 n/a19/10/11 24/11/11 7/02/12*

(received 14/12/11)

Australian Sports Commission *Strategic plan 2011-12 to 2014-15

Australian Sports Commission Act 1989 n/a20/12/11 20/12/11 8/02/12

* An asterisk denotes reports presented to the President out-of-session.

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TH E PARLIA M ENT O F TH E

CO M M O N WEA LTH O F AUSTRALIA

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No. 465 of 2012 O RD ERED TO BE PRINTED

ISSN 0727-4181