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Community Affairs - Senate Standing Committee - Reports - Examination of annual reports - No. 2 of 1990, December 1990

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The Parliament of the Commonwealth of Australia

Reports on Annual Reports Tabled July-December 1990

Senate Standing Committ ee on:

Community Affairs Employment, Education and Training Environment, Recreation and the Arts Foreign Affairs, Defence and Trade

Industry, Science and Technology Legal and Constitutional Affairs Transport, Communications and Infrastructure

Australian Government Publishing Service Canberra

This work was reproduced from camera-ready copy prepared by the author body.

Printed in Australia by P. J. GRILLS, Commonwealth Government Printer, Canberra

REPORTS ON ANNUAL REPORTS TABLED JULY - DECEMBER 1990

TABLE OF CONTENTS

Senate Standing Committee on -Community Affairs

Employment, Education and Training

Environment, Recreation and the Arts

Foreign Affairs, Defence and Trade

Industry, Science and Technology

Legal and Constitutional Affairs

Transport, Communications and Infrastructure

Page

147

200

SENATE STANDING COMMITTEE ON COMMUNITY AFFAIRS

REPORT ON THE EXAMINATION OF ANNUAL REPORTS

No.2 of 1990

DECEMBER 1990

MEMBERS OF THE COMMITTEE

MEMBERS:

Senator A.O. Zakharov

Senator J. Devereux Senator J. Herron Senator S.C. Knowles Senator M. Lees Senator the Hon. M. Reynolds Senator M.S. Walters Senator S. West

SEcRETARY: Dr Pauline Moore The Senate Parliament House Canberra

Phone: (06) 277 3515

ALP Victoria

ALP LP LP AD ALP

LP ALP

Tasmania Queensland Queensland South Australia Queensland Tasmania New South Wales

ANNUAL REPORTS REFERRED

INTRODUCTION

On 14 December 1989 the Senate resolved that Standing Committees report in each sitting period on the timeliness and quality of the annual reports referred to them. This resolution is reproduced at Appendix 1.

The following reports were referred prior to 7 December 1990 to the Senate Standing Committee on Community Affairs for examination:

Department of Community Services and Health - Annual Report 198!HK)

Private Health Insurance Administration Council - Operations of the Registered Health Insurance Organisations 1988--89

Commonwealth Serum Laboratories Commission - Annual Report 198&-89

Australian Institute of Health - Annual Report 1988-89

Social Security Appeals Tribunal-Annual Report 1 November 1988- 30 June 1989

Australian Institute of Family Studies -Annual Report 1988-89

TIMELINESS

DEPARTMENTS

8.25(6) Public Service Act 1922, read in conjunction with s.34C of the Acts Interpretation Act 1901 requires Departmental heads to provide to their Ministers by 31 December each year a report on Departmental operations in respect of the year ending on 30 June of that year. These reports are to be tabled by the relevant Minister within 15 sitting days after receipt (s .25(8)).

J partm.ent of Community Services and Health

Requirement met. Draft report available in time for Senate Estimates.

STATUTORY AUTHORITIES

Private Health Insurance Administration Council

Commonwealth Serum Laboratories Commission

Australian Institute of Health

Social Security Appeals Tribunal

Australian Institute of Family Studies

CoMMENTS

All statutory authority reports were tabled within 15 sitting days of being transmitted to the Minister.

The Committee notes that the Private Health Insurance Administrative Council should provide to the Minister as soon as practicable after 30 September 1990 in each year 'a report on the operations of registered organisations .. . '. (National Health Act 1953 s.82PA(1)).

Financial information is to be provided by registered organisations within three months after the end of each financial year, or within such further time as the Council allows (National Health Act 1953 s.82L(2)). While Parliament did not sit until May there is no explanation of why a very short report was not transmitted between September and the last day of sitting in December 1989.

GUIDELINES

DEPARTMENTS

The guidelines for the preparation of Departmental annual reports are at Appendix 2. Measured against these guidelines, the Annual Report of the Department of Community Services and Health 1989-90 is on the whole satisfactory.

The Committee reserves the right to make further comments on this report at a later stage.

STATUTORY AUTHORITIES

Requirements for statutory authority reports are less detailed than for Departmental reports. These requirements are at Appendix 3.

Measured against these requirements, the reports of the five statutory authorities considered are satisfactory in most respects. The Committee reserves the right to make further comments on these reports at a later stage.

A. Olive Zakharov Chairperson

19 December 1990

APPENDIX 1

TERMS OF REFERENCE

SENATE REsOLUTION OF 14 DECEMBER 1989

(1) That, in accordance with recommendation 28 of the report of the Standing Committee on Finance and Public Administration on The Timeliness and Quality of Annual Reports, and the President's acceptance of that recommendation, the President present to the Senate in each year a list of all annual reports presented to the Senate of departments, statutory authorities, non-statutory bodies and companies, showing in respect of each report the date required for presentation and the actual date of presentation, and any statement of reasons provided to the Senate for the late presentation of a report.

(2) That the Chair of the Standing Committee on Finance and Public

Administration, after obtaining the agreement of the chairs of the other legislative and general purpose standing committees, provide to the President, as soon as practicable after the passage of this resolution, a list showing, in respect of each annual report presented to the Senate of a department, statutory authority, non-statutory body and company, the standing committee to which the annual report should be referred; and that the chairs provide to the President any amendments to that list the chairs consider necessary or desirable, having regard to the list presented by the President under · paragraph (1 ).

(3) That annual reports be referred to the standing committees, and the President forward the reports to the committees, in accordance with the lists provided under paragraph (2).

(4) That, in accordance with recommendation 27 of the report referred to in paragraph (1), each committee examine each annual report referred to it and report to the Senate whether the report is apparently satisfactory.

(5) That each committee 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 information.

(6) That each committee investigate and report to the Senate on any lateness in the presentation of reports, having regard to the list provided by the President under paragraph (1).

(7) That, in considering an annual report, a committee take into account any relevant remarks about the report made in debate in the Senate.

(8) That the reports arising out of committees' consideration of annual reports be made once in each period of sittings, and draw to the attention of the Senate any significant matters relating to the operations and performance of the bodies furnishing the reports, having regard to the matters set out in the report referred to in paragraph (1), particularly paragraphs 6.21 to 6.25 of that report.

(9) That the Chair of the Standing Committee on Finance and Public

Administration, after consulting with the chairs of the other standing committees, having regard to the list of statutory authorities, non-statutory bodies and companies maintained by the Standing Committee on Finance and Public Administration, present to the Senate each year a report indicating whether there are any bodies which do not present annual reports to the Senate and which should present such reports.

(Journals of the Senate, No . 218, 14 December 1989, pp. 2377-8)

APPENDIX 2

GUIDELINES FOR THE PREPARATION OF DEPARTMENTAL ANNUAL REPORTS

General Principles

1. Reports should be accounts of departmental operations during the year under review. Special attention should be given to changes that occurred during the year , and departments may wish to foreshadow expected developments in some areas.

2. The orientation of reports should be towards performance , and the administrative and managerial aspects of departmental activities. 3. Reports should be concise, and achieve a balance between the

need to avoid undue repetition of material available to the public elsewhere and the need to provide a comprehensive overview of operations.

4. There should be consistency with information provided by departments in other forms (e.g. in Budget Papers). Any material inconsistencies should be explained.

5 . Care should be taken in presenting any comments with a bearing on the operations of other departments or of authorities. 6. The structure and layout of reports should be designed to

ensure clarity and public acceptability. AGPS guidelines on standards of production must be observed. Consideration should be given to the advantages of camera-ready production.

7. The detailed content and structure of reports are the responsibility of Secretaries of departments, who should consult their Ministers as appropriate.

8. Reports should be prepared on a financial year basis and be

available for the estimates debates in the Budget Sittings. When reports are not available in time, departments should provide an interim statement in A4 duplicated form (not including financial statements which have yet to be audited)

for the information of the Parliament. In any case reports should be available within 6 months of the end of the reporting period.

Contents

9. Each report should contain (but not necessarily be limited to): (a) a reference to the legislation requiring the preparation of a report, that is, sub-section 25{6) of the Public

Service Act 1922, and an indication {in either the letter of transmittal or in the contents pages)

of reports made pursuant to other Acts, which are included in the annual report;

(b) a clear statement of the department's goals;

(c) a description of the department's structure, with an organisation chart, showing senior officers, regional offices and associated bodies; (d) an account of the department's significant activities

during the year, showing the legislation it administers and, in respect of each of its programs:

i) objectives;

ii) results achieved and progress towards the achievement of objectives and targets;

iii) resources used; and iv) reasons for any significant delays, amendments, deferment or cancellation;

(e) an account of the management of the department during the year, including the operation of any major trust funds/trust accounts and other trading and/or cost recovery activities, and, as appropriate, financial and staffing information of the kinds listed in the attachment to these guidelines;

(f) information on significant changes to business regulations for which the Minister has responsibility, setting out costs and benefits, including changes in public service resources;

(g) an account of activities in the field of occupational health and safety;

(h) a report of the implementation and operation of the department's industrial democracy plan, as required under s.22C of the Public Service Act 1922;

(i) a summary of the department's equal employment opportunity plan, with performance assessed against it;

(j) information on post-separation employment cases handled by the department during the year (in compliance with Guidelines on Official Conduct of Commonwealth Public Servants);

(k) information relating to the Freedom of Information Act, including information required under s.B of the Act (covered by separate guidelines issued by the Attorney-General's Department);

(1) information on any significant judicial decisions affecting the department or the users of the services provided by the department, and any consequent changes in departmental procedures;

(m) information regarding any reviews by the Auditor-General or parliamentary committees which directly affect the department, showing recommendations arising from such reviews and the action taken to address them;

(n) information concerning any major reviews of the objectives or structure of the department during the year, the outcome of the reviews and changes or proposed changes resulting from each review;

(o) where appropriate, information on the extent and main features of client complaints, indicating any services improved or changed as a result of complaints or suggestions made by clients;

(p) reference to other sources of information concerning the department, including publications, policy information and policy discussion papers, submissions to advisory bodies or inquiries, major Ministerial Statements printed in Hansard and major Ministerial or departmental news releases, with bibliographical details and addresses and phone numbers of information officers; and

(q) reference to the activities of smaller statutory bodies which are responsible to the Minister and do not produce reports of their own, and information (in line with the response by the Government to the Senate Standing Committee on Finance and Government Operations' Interim

Report, or any relevant Government decision announced subsequently) on non-statutory bodies in the Minister's portfolio.

10. Reports of departments providing laboratory services should include information on facilities such as that contained in Volume 3 of the Report of the Committee of Inquiry into Commonwealth Laboratories (the Ross Report).

11. Reports of all departments should reflect the general thrust of the Government's package of administrative reforms and should show the impact of those reforms on departmental operations. Some aspects of the reforms are adequately treated above; the attachment to these guidelines is designed to indicate the bearing of other aspects on management issues

likely to need coverage in annual reports.

Management Issues

1. Where appropriate departments should include in their annual reports reference to: (a) their approaches to financial and staff resource management:

(b) recent and planned developments, and initiatives instituted, in financial and staff resource management, and progress in implementing the aims and requirements of Program Budgeting (treated in the body of the Guidelines), Staff Budgeting and the Financial Management Improvement Program: here should be included

such aspects as:

i) corporate planning structures and resource management strategies:

ii) the impact of consolidation of appropriations and cash limits:

iii) developments in management information systems: iv) the extent of delegations granted and functions devolved to managers and others:

v) management of staff resources (i.e . comparative data on recruitment, retention rates, exit rates and mode of separation - e.g. resignation, invalidity, retirement): vi) the relationship between organisational structure

and program structure (with specific reference to the allocation of responsibilities between program and functional managers):

vii) cash management reviews: and viii)developments in financial/staff resource management training: (c) performance measures used, or being developed, in

evaluating financial and staff resource management;

(d) performance-monitoring activities undertaken by internal units and external agencies; (e) progress made during the financial year in achieving economies;

1 2

(f) work undertaken on behalf of departments by other agencies, and vice versa;

(h) procedures for the collection of revenues and the incurring of forward obligations; and

(i) details of breaches of approved forward obligation limits and any other breaches of the Audit Act 1901 or the Finance Regulations or Directions.

B. Financial Statements

l. Financial statements should be in accordance with the guidelines determined by the Minister for Finance pursuant to a proposed revised section 50 of the Audit Act 1901. Until section 50 provides for such a determination and until such guidelines come into effect, financial statements should

i nclude, as a minimum:

(a) details of receipts and payments (departments on program budgeting should report this information on a program basis) and explanations of significant variations from budget figures;

(b) details of free services provided by other agencies and (where practicable) an estimate of the value of each service;

(c) details of individual Trust Account operations under sections 60 and 62A of the Audit Act 1901, including cash and investment balances; and

(d) details of accounts payment performance.

2. The following information should also be provided in financial statements, where practicable:

(a) summary information regarding debtors, creditors and prepayments; and

(b) a schedule of outstanding forward obligations.

3. The information listed in (2) above will be required in

reports for 1988-89 and subsequent years. In earlier reports, where such information cannot be provided, there shall be a statement by the departmental Secretary indicating why it cannot be provided and what steps are being taken so that the department will be able to provide it in future. 4. In 1988-89 and subsequent years departments' financial

statements, shall also be required to include schedules of major capital assets operated (by class), their value and the date and method of valuation.

5. Financial statements should be accompanied by an explanation of significant changes from one year to the next and must be consistent with other published financial data and include current year actuals and, where applicable, budget estimates

and actuals for the previous year.

6. Where a department undertakes operations of a commercial or quasi-commercial nature in respect of which the Minister for Finance has determined, pursuant to section 410 of the Audit Act 1901, the form in which it shall prepare financial

statements for those operations, the departmental annual report should:

(a) incorporate audited financial statements in the form determined;

(b) provide information as to the operational performance of those undertakings (e.g. the operating surplus as a proportion of total assets employed, trends in turnover, etc.) including, where practicable, non-financial performance measures; and

(c) list any section 410 statements not yet finalised and/or audited, which will need to be tabled separately by the Minister.

7. The financial statement referred to in paragraph 8.6 must comply with the Guidelines for the Form and Standard of Financial Statements of Commonwealth Undertakings , issued by the Department of Finance.

8. Until section 50 of the Audit Act is amended to require audit

and certification of departments' financial statements, the Auditor-General shall have discretion to decide whether or when to audit these statements. After section 50 has been amended, interim statements prepared in accordance with paragraph 8 of these guidelines should not include financial

statements for which audit certificates have not yet been obtained.

C. Staffing Information

1. Departmental annual reports should provide an overview of the staffing levels and characteristics of the department, with statistics in a sufficiently standardised form to permit comparisons with Service-wide statistical information published by the Department of Finance.

2. The kinds of staffing information in reports should include information on the classifications and locations of staff, with indications of how many staff are employed full-time/part-time and how many are employed under the

Public Service Act 1922/other Acts. Statistics on temporary staff should be included and the numbers of men and women in

the department and in various categories of staff should be shown. In relation to Senior Executive Service staff, there should be information regarding level, sex, gains/losses and participation in staff development activities.

3. Details should be given of the extent to which external consultants are used by the department, including (where practicable ) the names of the consultants, the projects involved, the coat to the department and the justification

for their use.

4. Other kinds of staffing information, reflecting the nature of particular departments and their work, should also be included in annual reports as appropriate.

AMENDMENT Or THE GUIDELINES FOR THE PREPARATION Or DEPARTMENTAL ANNUAL REPORTI

Aa required by eubsection 25(7) of the Public Service Act 1922, thie amendment of the guidelineâ¢ for the preparation of departmental annual report& ia tabled on behalf of the Prime Hinieter following approval of it by

the Joint Parliamentary Committee of Public Account&.

The Guidelines for the Preparation of Departmental Annual Reports tabled in the Parliament on 17 November 1987 are amended by inserting after paragraph 9(q)

'(r) information in relevant program reporta on action taken to enhance the elements of social justice (equity, equality, access and participation) in those programs.'

APPENDIX 3

GUIDELINES FOR THE CONTENT, PREPARATION AND PRESENTATION OF ANNUAL REPORTS BY STATUTORY AUTHORITIES

(SENATE HANSARD, 11 NOVEMBER 1982, PP. 2261-2262)

Introduction

These guidelines are intended to cover generally the annual reporting requirements for statutory authorities (incorporated or unincorporated authorities established by or pursuant to a law of the Commonwealth or of the ACT) and are subject to refinement in the light of experience.

Reports of small unincorporated authorities and office holders within the public account may continue to be included in the related departmental reports where it is practical to do so.

The guidelines do not, of course, override statutory requirements imposed by the legislation on individual authorities, but to the extent that they require a higher standard than does the legislation, they should be followed by all such authorities.

All authorities are to provide annual reports as soon as possible after the end of their financial year, if possible in time for the estimates debate in the Budget Sittings. At the very latest reports should be submitted within six months (unless a shorter period is provided in the legislation of an individual authority). An explanation will be submitted to parliament if the deadline has to be extended in

exceptional cases (the new deadline is to be mentioned in the explanation). Ministers will ensure that reports are tabled within fifteen sitting days of receipt.

Where there is a requirement for a form of financial statements to be approved by the Minister for Finance, authorities should commence negotiations with the Department of Finance early enough to allow issues to be resolved without delaying the annual report. Authorities also need to bear in mind the need for reasonable time to be allowed for completion of auditing of the financial statement within the six month deadline.

Report Contents

Reports should be the means of providing a wide dissemination of information on authorities, with special attention being given to making available material that might not otherwise be made public as a matter of course.

Application of these guidelines to those authorities engaged in commercial competition with the private sector is subject to the need to protect commercially sensitive material.

The following information is to be provided in future annual reports:

(i) Enabling Legislation. A clear statement of the legislation (if any) under which the organisation operates.

(ii) Responsible Minister. To be shown. A description of any statutory powers of direction which the Minister has over the authority and details of the exercise of any such powers, subject to the need to protect confidential information, to be included.

(iii) Powers, Functions and Objects. To be detailed.

(iv) Membership and Staff. A list of the members of the body and their terms of appointment, together with listing of senior executive staff and a statement of the total number of staff employed by the organisation. In addition, the basis for staffing of the organisations should be identified. The address and phone number of the information officer should also be included.

(v) Financial Statements. All Government bodies should provide statements which adequately disclose financial aspects of their activities. For example, where the form of a body's financial statements is approved by the Minister for Finance, the approved form must, of course, be followed; where an unincorporated body has no specific financial responsibilities and no financial reporting requirement exists, it might be appropriate to disclose departmental receipts and expenditures relevant to its operations, while avoiding unnecessary duplication of the information contained in the annual Financial Statements prepared by the Minister for Finance. The requirement for adequate disclosure will extend to bodies incorporated under companies legislation if the Commonwealth is sole owner or shareholder; this will not affect the need to satisfy the reporting requirements under company law. The Department of Finance and the Auditor-General's Office are preparing guidelines which will assist

Commonwealth undertakings in preparing financial statements, an exposure draft entitled 'Proposed Guidelines for the Form and Standard of Financial Statements of Commonwealth Undertakings' was issued in August 1980. The Exposure Draft has been considered by the relevant

Parliamentary Committees.

(vi) Activities and Reports. A description of the principal programs and activities of the body noting objectives and reviewing achievements. Information on interaction with other authorities, departments and State and international bodies should be provided as should a list of publications during the reporting period.

(vii) Operational Problems. A description of the major problems which have arisen in the body's activities, including details of requisite Government action to overcome such problems e.g. the amendment of the enabling Act.

(viii) Subsidiaries. Details of subsidiary companies formed or interest acquired in existing companies are to be provided. It is a desirable practice to include the annual report of such subsidiaries as are controlled by the parent authority with the report of that authority where this is feasible.

1 8

Parliament of the Commonwealth of Australia

REPORT ON THE EXAMINATION OF ANNUAL REPORTS

No. 2 of 1990

Senate Standing Committee on Employment, Education and Training

December 1990

Members of the Committee

Senator T. Aulich (Tasmania) - Chair

Senator K. Patterson (Victoria) - Deputy Chair

Senator R. Bell (Tasmania)

Senator W. Crane (Western Australia)

Senator D.J. Foreman (South Australia)

Senator J.W. Olsen (South Australia)

Senator N. Sherry (Tasmania)

Senator A.O. Zakharov (Victoria)

The Committee's address is: Secretary Senate Standing Committee on Employment, Education and Training Parliament House CANBERRA ACT 2600

Secretariat Mr Brenton Holmes (Secretary) Ms Mary Lindsay (Principal Research Officer) Ms Rosemary Brissenden (Senior Research Officer) Secretarial support: Ms Della McCay, Mrs Jean Thompson

REPORT ON ANNUAL REPORTS

Background

This report was prepared in pursuance of the Senate Order of 14 December 1989 relating to the Consideration of Annual Reports by Committees.

Annual reports examined

The annual reports considered in this report are those referred to the Senate Standing Committee on Employment. Education and Training between 1 July 1990 and the end of the Budget Session in the Senate on 21 December 1990, viz:

Aboriginal Benefit Trust Account: 1988-89 Aboriginal Development Commission: 1988-89 Australian Institute of Aboriginal Studies: 1988-89 Aboriginal Land Commissioner: 1988-89 Central Land Council: 1988-89

Northern Land Council: 1988-89 Tiwi Land Council: 1988-89 Australian Maritime College: 1989 Australian National C niversity: 1989 Canberra College of Advanced Education: 1989

Department of Employment. Education and Training: 1989-90 States Grants 1 Education Assistance - Participation and Equity I Act 1983: 1986 and 1987

Method of assessment

The reports have been examined by the Committee to determine whether they are apparently satisfactory, as required by the Senate Order referred to above. In forming its assessment, the Committee has considered whether the reports comply with the relevant guidelines for the preparation of annual reports. These are the Guidelines for the Preparation of Departmental Annual Reports which apply to Departments, and the Guidelines for the Content, Preparation and Presentation of Annual Reports by Statutory Authorities. Both documents were tabled in Parliament

in November 1987.

General comments on reports

Most reports examined were of a high standard of design and presentation. In general they followed the relevant guidelines closely and provided a comprehensive description of activities during the year. The exception was the report on the Participation and Equity Program, a program which had been subsumed within

mainstream policy developments by the time the report was written (see comments on individual reports below).

Timeliness of reports

At least six of the Reports did not formally meet timeliness requirements.

The Committee also noted that not all the reports accompanied by a covering letter indicating that they had been signed well within the required period for

transmission were received in the Minister's Office before well into the New Year. Even when transmission occurs before Christmas. it is often affected by the holiday break and this is then followed by a lengthy parliamentary recess. Such practice can cause unnecessarily long delays between production and tabling and could be said

to work against the purpose of requiring Ministers to table Reports quickly.

The Committee would like to remind agencies of the importance of early d ispatch well as earl y completion of Annual Reports.

Senator Terry Aulich Chairman

22 Report on annual reports

Comments on Individual Reports

ABORIGINALS BENEFIT TRUST ACCOUNT 1988-89

ABT A was established under the Aboriginal Land Rights f Northern Territory I Act 19 76. No particular reporting requirements are specified in the Act.

Timeliness

Although the letter of transmittal was dated 22 December 1989 it was not in fact transmitted until 7 February 1990 wh ich is outside the standard six months reporting period. It was tabled on 14 May 1990, thereby meeting the standa rd requirements for tabling.

Contents

Other requirements were met, insofar as they could be applied to such a specialised organisation.

ABORIGINAL DEVELOPMENT COMMISSION 1988-89

The ADC was a statutory body under the Aboriginal Development Commission A ct / 980 wh ich has since been repealed with the establishment of the Aborigina l and Torres Strait Islander Commission.

Timeliness

The published transmittal date of the Report was 13 December 1989 (actual date unknown), thereby meeting the requirement for submission within six months o f the reporting period. The Report was tabled on 16 Ma y 1990. within three sitting days of receipt by the Minister. aga in meeting the requirements.

Contents

All requirements were met. The Report is detailed, well-presented and clearly laid out with good use of black and white photographs. An Index is provided, which is valuable in a Report of this size (188 pages).

Report on annual reports 23

AUSTRALIAN INSTITUTE OF ABORIGINAL STUDIES 1988-1989

The Institute is a statutory authority, so reporting requirements are different from those of departments.

Timeliness

Report did not meet timeliness requirements (which state that it is to be presented within six months of the end of the financial year to which it relates). Printing not completed on time by AGPS. Transmitted to Minister on 30 January 1990. The Report was not then tabled in House of Representatives until 14 May 1990 and the Senate on 16 May 1990 due to the absence of sitting days during the 1990 election

period.

Contents

Other requirements were met.

The report reached a high standard of design and presentation, and was clearly set out. Could design incorporate an Aboriginal motif?

ABORIGINAL LAND COMMISSIONER 1988-89 (includes report on operations of Commissioner up to 12 February 1990)

The Aboriginal Land Commissions were established under the Aboriginal Land Rights 1 Northern Territory! Act /976 . The Aboriginal Land Commissioner is required by the Act to report to the Minister ·as soon as practicable after 30 June each year.· Presumably, that reporting would conform to the prescription for the

report""-o(a statutory authority. However, past practice appears not to have adopted this interpretation. If the report of the Aboriginal Land Commissioner is intended to conform to the requirements of the report of a statutory authority, the following comments apply.

Timeliness

The letter of transmittal was dated 12 February 1990 and tabled on 12 September 1990. The reason given for the delay was that, if normal guidelines had been adhered to, (reporting by 31 December 1989) preparation of report would have

reduced the time available for field work - the peak of which is carried out in the dry season, between JUne and November. Since the Report was not finished until February 1990, the Commission included in it points of interest in the June 1989 - February 1990 period. No explanation can be obtained for delay in tabling.

24 Reporr on annual reports

Contents

Report did not meet all the guidelines for reports of either statutory or

non-statutory bodies :

no statement of objectives (although reference is made to fun ct ions conferred by law)

no information on manner of funding

no information on financial arrangements and expenditure

no audited financial statement

CENTRAL LAND COUNCIL 1988-89

Timeliness

The published transmittal date was 14 December 1989 (actual date un known) and thus met the requirements of submission within six months of the reporting period. The Report was tabled 14 May 1990. within two sitting days of receip t by \1inister. also meeting the requirements.

Contents

All requirements were met. The Report was attractively presented. cl ear and accessible. with good use of black and white photographs. The use of summaries of major issues is to be commended.

NORTHERN LAND COUNCIL 1988-89

The Land Council is a statutory body under the Aboriginal L and Rights

fNorzhern Territory) Act 1976.

Timeliness

The date on which the letter covering the dispatch of the report was sig ned was 13 December 1989. It was dispatched on 22 December thus meeting requirements that Annual Reports be submitted within six months of the end of the fi nancia l year. The report was received in the Minister's office on 2 January 1990 and tabled on 14 May 1990, within 15 sitting days of receipt.

Report on annual reporrs 25

Contents

Senio r executive staff were not listed nor was there a statement of the total number of staff employed. The Report was, however, attractively presented and all other req uirements were met.

THE TIWI LAND COUNCIL (Bathurst and Melville Islands) 1988-89

The TIWI Land Council is a statutory body under the Aboriginal Land Rights !Northern Te rritory! Act 19 76.

Timeliness

The Report was transmitted to the Minister on 30 January 1990, notwithstanding the pub lished date of 30 November 1989 contained in the Report. Thus the Report did not meet the requirements of submission within six months of the reporting period . The Report was tabled on 14 May 1990, within two sitting days of the

receip t of the Report by the Minister, thereby meeting the tabling requirements.

Contents

There is no clear. detailed statement of the 'Powers. Functions and Objects' of the Council as required by Report Guidelines. Other requirements were met. The Report was attractively designed and the lay-out clear and accessible.

At;STRALIAN MARITIME COLLEGE 1989

Timeliness

Report covered the calendar year 1989 rather than a financial year. It was

transmitted on 26 June 90 and tabled on 14 September 90 which was within the prescribed 15 sitting days.

Contents

Other requirements were met. All information was clearly set out and well orga nised.

Report on annual reports

AUSTRALIAN NATIONAL UNIVERSITY 1989

Timeliness

Report covered calendar year 1989 rather than financial year. It was tabled on 22 August 1990. Date of transmittal was not given.

Contents

The Report met all other requirements.

CANBERRA COLLEGE OF ADVANCED EDUCATION 1989

Timeliness

The Report covered the calendar year 1989 rather than a financial year. It was transmitted 27 July 1990 Uust failing to meet the six month deadline) and tabled on 14 September 1990. within 15 sitting days of receipt.

Contents

Other requirements were met.

DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING 1989-90

Timeliness

The report was dispatched on 12 October 90 and tabled on 7 November 1990 in the Senate. thus meeting all guidelines for timeliness.

Contents

All requirements were met. The report was clearly and consistently set out, with an excellent index, making it easy to find information wanted. There were good appendices listing amongst other things material called for in the checklist accompanying the guidelines for annual reports.

Report on annual reports 27

STATES GRANTS (EDUCATION ASSISTANCE- PARTICIPATION AND EQUITY) ACT 1983 ANNUAL REPORT 1986 AND 1987

The Participation and Equity Program set up under the States Grants f Education Assistance - Participation and Equity! Act 1983 operated in schools and T AFE colleges and supported joint schoolff AFE initiatives as well as initiatives by community groups from 1984 to 1987. After this time the kinds of initiatives it supported were subsumed within mainstream policy developments.

Timeliness

The Report for 1986 and 1987 was not tabled until 16 May 1990. It was therefore clearly in breach of the guidelines for Annual Reports of statutory bodies.

Contents

Information provided in the Report was limited to outlining enabling legisbtion, program guidelines and a description of the program's impact, together with brief descriptive and financial statements relating to the projects supported.

SENATE STANDING COMMITTEE ON ENVIRONMENT, RECREATION AND THE ARTS

REPORT ON TilE EXAMINATION OF ANNUAL REPORTS

DECEMBER1990

MEMBERSHIP OF THE COMMITTEE:

Senator R.A. Crowley (ALP, SA) Chair Senator V. Bourne (AD, NSW) Senator I. Campbell (LP, WA) Senator A.W. Crane (LP, WA) Senator N.A. Crichton-Browne (LP, WA) Senator J .P . Faulkner (ALP, NSW) SenatorS. Loosley (ALP, NSW) SenatorS. West (ALP, NSW)

SECRETARY:

Mr Peter C. Grundy The Senate Parliament House Canberra

Telephone: (06) 277 3525

CONTENTS

Terms of Reference - Senate Resolution of 14 December 1989

Chapter 1 - Annual Reports Referred

Introduction Statutory Bodies Non-Statutory Bodies Gen eral Comments

Chapter 2 - Annual Reports of Statutory Bodies

Comments against guidelines Timeliness: Submission to Minister Tabling Enabling Legislation Responsible Minister Powers, Functions and Objectives

Powers Functions Objectives

Membership and Staff Financial Statements Activities and Reports Operational Problems

Subsidiaries

Chapter 3 - Annual Reports of Non-Statutory Bodies

Comments against guidelines Establishment Objectives and Functions Significant Activities Ministerial Approval for the Continuation of Each Body Members of Each NSB

Ex-officio Members Terms of Membership List of Members Remuneration Funding Other Financial Arrangements Disbursem*nt of Funds

vii

10 10 10 10 10 10 10

Audited Financial Statement 11

Grants Made by Each Body 11

Summary of Comments Against Guidelines 13

Statutory Bodies 13

Non-Statutory Bodies 16

Appendix 1 - Transmission of Annual Reports to Committee 19

Appendix 2 - Guidelines for the Content, Preparation and 23

Presentation of Annual Reports by Statutory Authorities (Senate Hansard, 11 November 1982. pp. 2261-2262)

Appendix 3 - Requirements for the Annual Reports of Non-Statutory 27 Bodies (After Hansard, pp. 2645-7, 8 December 1987)

Appendix 4 - Section 34C, Acts Interpretation Act 1901 29

Appendix 5 - Letters concerning CISC Requests for Extension of Reporting 31 Date

Appendix 6 - Letters from CISC Outlining Reasons for Extension of Time 3 7 to Report

TERMS OF REFERENCE

SENATE REsOLUTION OF 14 DECEMBER 1989

(2) That the Chair of the Standing Committee on Finance and Public

Administration, after obtaining the agreement of the chairs of the other legislative and general purpose standing committees, provide to the President, as soon as practicable after the passage of this resolution, a list showing, in respect of each annual report presented to the Senate of a department, statutory authority, non-statutory body and company, the standing committee to which the annual report should be referred; and that the chairs provide to the President any amendments to that list-the chairs consider necessary or desirable, having regard to the list presented by the President under paragraph (1) .

(3) That annual reports be referred to the standing committees, and the President forward the reports to the committees, in accordance with the lists provided under paragraph (2).

(6) That each committee investigate and report to the Senate on any lateness in the presentation of reports, having regard to the list provided by the President under paragraph (1).

(7) That, in considering an annual report, a committee take into account any relevant remarks about the report made in debate in the Senate.

(9) That the Chair of the Standing Committee on Finance and Public

(Journals of the Senate, No. 218, 14 December 1989, pp. 2377-8)

CHAPI'ER 1

ANNUAL REPORTS REFERRED

Introduction

1.1 Further to the report tabled by the Senate Standing Committee on Environment, Recreation and the Arts in May 1990, seven Annual Reports were referred for examination and report in the Budget Sitting (see Appendix 1). Four related to statutory bodies and three to non-statutory bodies as follows:

Statutory Bodies

Australian Sports Commission, Annual Report 1988-89; Christmas Island Services Corporation, Annual Report 1987-88; Christmas Island Services Corporation, Annual Report 1988-89; and Supervising Scientist for the Alligators Rivers Region, Annual Report 1989-90.

Non-Statutory Bodies

National Science and Technology Centre, Report of Activities 1988-89; ACT Housing Trust Annual Report 1988-89; and ACT Transport Trust Account Annual Report 1988-89.

1.2 The Committee examined the reports of the statutory bodies against guidelines tabled in the Senate on 11 November 1982 (see Appendix 2) and the non statutory bodies against the established guidelines for those bodies (see Appendix 3) . The Annual Report of the National Science and Technology Centre (NSTC) was examined against the guidelines at Appendix 3; legislation to establish the NSTC as a statutory corporation has yet to be introduced.

General Comments

1.3 The Department of Prime Minister and Cabinet is presently reviewing annual reporting guidelines and the Parliamentary Public Accounts Committee is concurrently inquiring into reporting guidelines for statutory bodies. The Committee awaits the outcome of these investigations and observes that authorities should have the clearest guidelines possible for the presentation of Annual Reports.

1.4 The Committee is required to examine whether the reports conform to the relevant reporting guidelines but not to consider the performance of the reporting agencies in meeting their corporate objectives.

1.5 All seven organisations reported extensively on the activities carried out during the reporting year. In all cases this formed the major portion of their Annual Reports. However, there is insufficient reference in the Annual Reports to the problems and difficulties faced by some reporting agencies; there is also insufficient mention of attempts made to resolve problems and the outcome of actions taken. The NSTC mentioned several difficulties as did the Supervising Scientist and the Christmas Island Services Corporation (CISC) in its Annual Report for 1987-88. The CISC made an effort to present objectively the problems it faced during the year.

1.6 Of the seven Annual Reports examined for this report, that of the

Australian Sports Commission (ASC) is the most informative; it is also well-written and well-presented. It is a good initial point of reference for those interested in the Commission's activities or in establishing contact with relevant ASC personnel. Nevertheless, this report notes some shortcomings in the ASC Annual Report for 1988-89.

1. 7 The Committee observed that the CISC and ACT Annual Reports were modest documents as regards art work and printing. In comparison, the reports of the Supervising Scientist and the NSTC used photographs and diagrams, a style of font for the text, and colour to prodUCe attractive, interesting and readable documents.

1.8 The Committee has noted shortcomings in these Annual Reports that are otherwise satisfactory, even interesting and informative, and hopes that this report will assist the organisations in the preparation of future Annual Reports.

CHAPTER2

ANNUAL REPORTS OF STATUTORY BODIES

Comments against guidelines

Timeliness: Submission to Minister

2.1 Neither of the Christmas Island Services Corporation Annual Reports was submitted to the Minister within 6 months of the end of the relevant reporting period as required under Section 27(1) of the Services Corporation Ordinance 1984.

2.2 The CISC was a year late in reporting on the 1987-88 financial year. It twice requested extensions as allowed under Section 34C(4) of the Acts Interpretation Act, 1901 - on 26 October 1988 when its reporting deadline was extended to 30 June 1989, and again on 14 July 1989 for an extension to December

1989. On 12 December 1989 the Corporation requested and obtained an extension of the reporting deadline for its 1988-89 Annual Report to 31 March 1990.

2.3 Relevant documents were tabled by the Minister in the Senate and the House of Representatives as required under Section 34C(6) of the Acts Interpretation Act (Appendix 4) . However, the documents relating to the CISC's original request for extension (26 October 1988) were tabled on 21 December 1988 but only in the House of Representatives, and not in the Senate (see Appendix 5) .

2.4 The letter of transmittal from the ASC Chairman to the Minister was undated. However, the Department of the Arts, Sport, the Environment, Tourism and Territories has since advised that the ASC Annual Report was transmitted to the Minister on 20 December 1989. Bodies such as the ASC, whose reports are subject to a tabling deadline, should publish the date on which the report was transmitted to the Minister.

Tabling

2.5 All four Annual Reports of the statutory bodies were tabled within fifteen sitting days of transmittal to the Minister. Three were transmitted to the Minister in December 1989/January 1990 and tabled in May 1990. Although that was up to five months after transmittal, the tabling dates were within the deadline as Parliament did not commence its 1990 sittings until8 May following the General Election.

Enabling Legislation

2.6 All four reports stated their relevant enabling legislation - Services Corporation Ordinance 1984 in the case of the CISC, the Australian Sports Commission Act 1989 for the ASC and the Environment Protection (Alligator Rivers Region) Act 1978 in the case of the Office of the Supervising Scientist (OSS) .

Responsible Minister

2.7 While both the Supervising Scientist and the CISC (in 1987-88)

identified the responsible Minister clearly, the 1988-89 Christmas Island Services Corporation Annual Report and the 1988-89 Australian Sports Commission Annual Report did not.

Powers, Functions and Objectives

Powers

2.8 The powers of three of the reporting agencies were satisfactorily listed in their respective Annual Reports - the Christmas Island Services Corporation on page 1 (1987-88 Annual Report), the Australian Sports Commission on page 17 and that of the Supervising Scientist on page 1.

2.9 There was no specific reporting on the CISC's powers in its 1988-89 Annual Report. There were significant political and administrative developments in 1987, viz. the Commonwealth Government's dismissal of the Christmas Island Assembly in November and the appointment of the Administrator as the 'Acting Assembly', but no report on any adjustments in the respective powers of the Acting Assembly (the Administrator), the Corporation and the Department.

Functions

2.10 The functions of the Christmas Island Services Corporation were satisfactorily detailed in the CISC's 1987-88 Report, by the Australian Sports Commission in its 1988-89 Report and the Supervising Scientist in the 1989-90 Report. The Committee found Appendix 2 of the Supervising Scientist's report particularly helpful in this regard.

2.11 The Committee noted that for 1987-88 the CISC had differentiated clearly between the Corporation's original functions (as listed in Section 4 of the Services Corporation Ordinance 1984) and the functions it received on 1 January 1988 following the closure of the Phosphate Mining Company of Christmas Island

(PMCI). However, there appears to be some ambiguity regarding 'street lighting' which was listed as both an original and a new function.

2.12 Further, in the CISC 1988-89 Annual Report, some of the new

functions were covered in the review of activities on pages 2-9, but there was no clear differentiation between 'original' and 'new' functions. There is no indication

whether there had been any delay in the transfer of new functions and whether that could have been the reason for the absence of reporting on some of the new functions listed in the 1987-88 Annual Report. Note 19 to the Corporation's Financial Statement (p. 28) includes a list of functions that would be privatised or transferred after the end of the reporting period. As the 1988-89 report covered the first full year of operation of the functions transferred on 1 January 1988, the Annual Report should have provided details of the Corporation's performance

against the new responsibilities.

Objectives

2.13 Only the Australian Sports Commission (p. 15) and the Supervising Scientist (pp. 1-3) complied with the guideline on the objectives of the reporting body. The Supervising Scientist took the additional step of stating its objectives for each of its four programs. The Christmas Island Services Corporation did not make

clear its objectives in either of the Annual Reports submitted.

Membership and Staff

2.14 While all four Reports were satisfactory in advising on the total

number of staff employed, only the Supervising Scientist complied fully with this guideline by articulating all details required. A statement of total numbers of staff was provided on page 84 and the names of OSS senior executives at Appendix 3.

2.15 Neither the CISC in its 1987-88 Report nor the ASC gave the terms of appointment of its senior members. Instead, relevant details were given 'as at' a certain date. The CISC Annual Report for 1988-89 reported three staff changes during the year but provided no other details.

Financial Statements

2.16 All four Annual Reports contained detailed financial statements and an audit report. The Auditor-General's statement on the CISC's 1988-89 finances was unqualified. Similarly the Auditor-General was of the opinion that the ASC's financial statement was satisfactory. The Supervising Scientist attached an Australian National Audit Office endorsem*nt of its financial statement at page A57.

2.17 However, the CISC's letters to the Minister for the Arts, Tourism and Territories on 14 July 1989 and 15 August 1989 refer to aspects of its 1987-88 financial statements about which the Australian Audit Office had concerns and which required correction or elaboration (see Appendix 6). The Auditor-General's statement regarding the final CISC 1987-88 financial accounts was qualified in only

one respect- that the 'accuracy and completeness' of the balances of the supermarket (which had recorded a loss of$566,602 for the financial year) could not be confirmed as the balances were entirely dependent on the statements provided by the supermarket manager.

2.18 With regard to financial matters in the CISC reports, the 1988-89 report advises (p. 3):

. . . CISC had commenced negotiations to have ABC [television] programmes provided to the Island on a cost effective basis [emphasis added]

without any explanation of what 'cost effective' means.

Activities and Reports

2.19 All four Annual Reports complied with this guideline. However, the CISC's 1988-89 Annual Report advised on page 2:

In plain terms Christmas Island Services Corporation was overstaffed, less than fully productive and was involved in commercial activities which were seen to be more appropriate for the private sector.

It is not clear from the report how the Corporation's activities would be more appropriate for the private sector, or the reasons for that perception. Elsewhere, the Report referred to various actions as 'acceptable' without it being clear what criteria of acceptability were employed.

2.20 The Supervising Scientist's Report listed (pp. 4-6) assertions and counter-assertions involving the agency and other organisations. The contacts between the OSS/DASETT and other Government Departments were classified as 'External Relations' (p. 72), amusing perhaps but not clear. Further, there were inaccuraci('!s in the OSS report. For example, the Auditor-General's Report on the OSS is No . 10 of 1989 (seep. 17) and not No. 11 (as stated on p. 6) . The Supervising Scientist was reported (p. 73) as having provided information to the Senate Standing Committee on Environment, Recreation and the Arts when it had provided information to the House of Representatives Committee (see p. 6).

Operational Problems

2.21 The 1987-88 CISC Annual Report provided an account of the

administrative and financial problems the Corporation faced as a result of the closure of the PMCI, and various other developments. The Committee was made aware by the 1988-89 report of some problems encountered by the Corporation during that period, particularly in its supermarket and catering operations. However, a clear overall picture could not be formed from the information provided.

2.22 The Australian Sports Commission referred to 'teething problems' in at least 4 areas of operation in 1988-89. However, it was not apparent what the problems were, apart from an indication (p. 24) that some problems arose as a consequence of the Drugs in Sport Inquiry by the Senate Standing Committee on

Environment, Recreation and the Arts. Two other problems were mentioned briefly on page 29. Otherwise the Commission concentrated on its achievements.

2.23 The Supervising Scientist reported (pp. 3-7 and pp. 10-11) on the operational problems faced by that Office. During the period covered by the Annual Report, t he OSS was the subject of three reviews:

the Auditor-General's Review tabled in the Senate on 6 September 1989;

the House of Representatives Standing Committee on Environment, Recreation and the Arts review of the Auditor-General's Report, tabled on 22 December 1989; and

an independent review by Professor G.H. Taylor of the Australian National University, on the relevance and conduct of the OSS's research program. The Review was commissioned by the Minister who tabled it in the Senate on 18 December 1989.

2.24 The Auditor-General was critical of some aspects of the OSS research project administration. However, the Auditor-General's views were not shared by the House of Representatives Committee which, in its report on 22 December 1989, stated, ' ... the Committee does not regard the deficiencies noted by the audit as significant'. The House of Representatives Committee further stated, 'there is no evidence to suggest that the Office of the Supervising Scientist is undertaking inappropriate or irrelevant research nor is there any evidence to suggest that the research program is being poorly managed'.

2.25 In his report tabled on 18 December 1989, Professor G.H. Taylor recommended that the Northern Territory Government be required to give effect to the advice of the Supervising Scientist. He also made a number of recommendations on the administration of research. Although the Government has yet to respond to the Taylor review, the Supervising Scientist stated in the Annual Report that the Office had started to implement many of Professor Taylor's recommendations.

Subsidiaries

2.26 The Australian Sports Commission was the only body to state in its report (p. 6) that it did not operate any subsidiaries. All bodies should include a statement in their respective Annual Reports on theh· subsidiaries.

CHAPTER 3

ANNUAL REPORTS OF NON-STATUTORY BODIES

3.1 Of the three Annual Reports of non-statutory bodies referred, one was the report of the National Science and Technology Centre and two were the last reports of Australian Capital Territories (ACT) Trusts to the Commonwealth Parliament. The Committee notes that the ACT bodies are now accountable to the ACT Government.

Comments against guidelines

Establishment

3.2 The National Science and Technology Centre and the ACT Housing Trust complied with this guideline. The NSTC report was particularly informative; the ACT Transport Trust, however, did not state its date of establishment.

Objectives and Functions

3.3 Although all three organisations stated their 'objectives' at the outset, only the ACT Transport Trust clearly stated its functions as well. The ACT Housing Trust listed its functions in its financial statement and the National Science and Technology Centre indicated its functions throughout the report.

Significant Activities

3.4 All three bodies reported extensively on their activities. While the ACT bodies reported in adequate detail on their activities, the style adopted by the NSTC resulted in a most readable report.

Ministerial Approval for the Continuation of Each Body

3.5 The two ACT Trusts reported that accounts were transferred to the ACT Government on ACT Self Government Day (11 May 1989).

3.6 The National Science and Technology Centre reported that on

23 November 1988 the Prime Minister had foreshadowed the introduction of enabling legislation, and that until such time as the NSTC was established as a statutory corporation, it would operate as a branch of DASETT and report to the Minister for the Arts, Sport, the Environment, Tourism and Territories.

Members of Each NSB

Ex-officio Members

3. 7 A list of ex-officio government members is not applicable to the two Trusts. The National Science and Technology Centre included a list of Committee Members at its Appendix 1 on page 41. There was no mention of ex-officio government representatives.

Terms of Membership

3.8 Not applicable to the two Trusts. The National Science and Technology Centre did not report on the terms of appointment of members of its Advisory Committee.

List of Members

3.9 Not applicable to the two Trusts. The National Science and Technology Centre provided the names of its senior executives in its organisation chart on page 11.

Remuneration

3.10 Not applicable to the two Trusts. The NSTC report did not provide information regarding the level of remuneration paid to Committee members or senior executives.

Funding

3.11 All three organisations complied with the requirement to indicate the manner of funding.

Other Financial Arrangements

3.12 The National Science and Technology Centre complied with this guideline in the course of its report (pp. 34-35). The two Trusts included details of other financial arrangements in their financial statements.

Disbursem*nt of Funds

3.13 None of the organisations indicated whether they had been charged with the disbursem*nt of funds to other organisations.

Audited Financial Statement

3.14 The financial statements of the two Trusts contained an auditor's report. The National Science and Technology Centre was included in the 1988-89 financial statement of the Department of the Arts, Sport, the Environment, Tourism and Territories.

Grants Made by Each Body

3.15 Not applicable to all three organisations.

STATUTORY BODIES

SUMMARY OF COMMENTS AGAINST GillDELINES

Christmas Island Christmas Island Australian Sports Supervising

Guidelines (per Senate Hansard, 11 November 1982) Services Services Commission Scientist

Corporation Corporation (1988-89) (1989-90)

(1987-88) (1988-89)

1. Reports should be submitted within six months after the end Submitted within Submitted within of the financial year (unless a shorter period is provided in 18 months. Two 12 months. One Satisfactory. Satisfactory. I

the legislation of an individual authority). extensions given. extension given.

2. Minister will ensure that reports are tabled within 15 sitting days of receipt. Satisfactory. Satisfactory. Satisfactory. Satisfactory.

3. Enabling Legislation. A clear statement of the legislation (if any) under which the organisation operates. Satisfactory. Satisfactory. Satisfactory. Satisfactory.

4. Responsible Minister. To be shown. A description of any statutory powers of direction which the Minister has over Satisfactory. Responsible Responsible Satisfactory.

the authority and details of the exercise of any such powers, Minister not Minister not

subject to the need to protect confidential infonnation, to be clearly identified. clearly identified.

included.

5. Powers, Functions and Objects. To be detailed.

Powers Satisfactory. No specific Satisfactory. Satisfactory.

reporting . ............................................................................................................................................................... ................................................ .................. ........................... ...... ··············· ································ .................... ..........................

Functions Satisfactory. Not clear. Satisfactory. Satisfactory.

.............................. ......................................... ............ ... .............. ... .............. ........ .... ......... .. ................... ................................................ ................................................... ............................................... .. .. ................... .......................

Objects Not clearly stated. Not clearly stated. Satisfactory. Satisfactory.

Christmas Island Christmas Island Australian Sports Supervising

Guidelines (per Senate Hansard, 11 November 1982) Services Services Commission Scientist

Corporation Corporation (1988-89) (1989-90)

(1987-88) (1988-89)

6. Membership and Staff. A list of the members of the body Terms of Terms of

and their terms of appointment, together with listing of appointment of No details of staff appointment of senior executive staff and a statement of the total number senior members provided. senior members Satisfactory.

of staff employed by the organisation. In addition, the basis not given. not given.

for staffing of the organisations should be identified. The address and phone number of the information officer should also be included.

7. Financial Statements. All Government bodies should provide statements which adequately disclose financial aspects of their activities. Where the form of a body's financial statements is approved by the Minister for Finance, the Satisfactory. Satisfactory. Satisfactory. Satisfactory.

approved form must .. . be followed. Where an unincorporated body has no specific financial responsibilities and no financial reporting requirement exists, it might be appropriate to disclose departmental receipts and expenditures relevant to its operations ... The requirement

for adequate disclosure will extend to bodies incorporated under companies legislation if the Commonwealth is sole owner of shareholder.

8. Activities and Reports. A description of the principal programs and activities of the body noting objectives and reviewing achievements. Information on interaction with Satisfactory. Satisfactory. Satisfactory. Satisfactory.

other authorities, departments and State and international bodies should be provided as should a list of publications during the reporting period.

Christmas Island Christmas Island Australian Sports Supervising

Guidelines (per Senate Hansard, 11 November 1982) Services Services Commission Scientist

Corporation Corporation (198S-89) (1989-90)

(1987-88) (198S-89)

9. Operational Problems. A description of the major problems Some problems

which have arisen in the body's activities, including details Satisfactory. mentioned. More More coverage of Some problems of requisite Government action to overcome such problems information problems needed. discussed.

e.g. the amendment of the enabling Act. needed.

10. Subsidiaries. Details of subsidiary companies formed, or interest acquired in existing companies, are to be provided. It is a desirable practice to include the annual report of such Not stated. subsidiaries as are controlled by the parent authority with

Not stated. Satisfactory. stated.

the report of that authority, where this is feasible.

NON-STATUTORY BODIES SUMMARY OF COMMENTS AGAINST GUIDELINES

National Science and ACT Transport ACT Housing

Guidelines (per Senate Hansard, 8 December 1987) Technology Trust (1988-89) Trust (1988-89)

Centre (1988-89)

1. The date of establishment of each new NSB and, in relation to each existing NSB, information regarding the date of its establishment in as much detail as is Satisfactory. Not stated. Satisfactory. available.

2. A statement of each NSB's objectives and functions. Functions not Satisfactory. Satisfactory.

clearly stated.

3. An account of each NSB's significant activities during the year. Satisfactory. Satisfactory. Satisfactory.

4. An indication that the creation or continued existence of each NSB, its functions and its organisation have received Ministerial approval. Satisfactory. Satisfactory. Satisfactory.

5. The date on which each NSB will cease to exist or before which it will be reviewed (whichever is the earlier). Satisfactory. Satisfactory. Satisfactory.

6. In the case of any NSB whose continued existence, functions and organisation Enabling Transferred to Transferred to

have been reviewed and whose continued existence has been approved by the legislation ACT Government ACT Government Minister, a summary of the outcome of the review. foreshadowed . on 11 May 1989. on 11 May 1989.

7. A list of any positions provided for ex-officio government members on each NSB and of any positions provided for representatives nominated by particular non- Not mentioned. Not applicable. Not applicable. government organisations.

National Science and ACT Transport ACT Housing

Guidelines (per Senate Hansard, 8 December 1987) Technology Trust (1988-89) Trust (1988-89)

Centre (1988-89)

8. The maximum term of appointment to each other position [sic] on an NSB. Terms of appointment Not applicable. Not applicable.

not given.

9. Except in cases where there may be little or no continuity of membership from one meeting to the next, the names of individual members of each NSB and their Satisfactory. Not applicable. Not applicable. terms of appointment.

10. The manner in which the level of remuneration (if any) paid to members of each Information not NSB is determined. provided. Not applicable. Not applicable.

11 . The manner in which each NSB is funded. Satisfactory. Satisfactory. Satisfactory.

12. A summary of any other financial arrangements, such as the kinds of expenditure that can be made from the funds provided, and the nature of secretariat services Satisfactory. Satisfactory. Satisfactory. provided and the way in which these are funded.

13. An indication, in respect of each NSB, as to whether one of its functions is to No indication. No indication. No indication. distribute funds to other organisations or individuals.

14. In the case of each NSB with its own accounting system, an audited financial In DASETT Satisfactory. Satisfactory.

statement. account.

Guidelines (per Senate Hansard, 8 December 1987)

15. In the case of each NSB that operates through its parent body's accounts, an account of receipts and expenditures to be provided on a program basis:

with the NSB's work reflected in the parent body's published program structure; with performance related to objectives and measured in terms of stated criteria, in accordance with standard program budgeting techniques; and

the amounts of any grants made by each NSB.

National Science and Technology Centre

(1988-89)

Satisfactory.

ACT Transport Trust (1988-89)

Not applicable.

ACT Housing Trust (1988-89)

Not applicable.

U1 0

APPENDIX!

TRANslossiON OF ANNuAL REPoRTS TO COMMITI'EE

13 August 1990

Kr Peter

Senate Standing Committee Environment, Recreation Parliament House CANBERRA ACT 2600

_iih_ THE SENATE CANBERRA. A.C. T . on and the Artâ¢

REFBRENCB OF ANHOAL REPORTS 1'0 STAHDIIIG COMMI'l"l'EES (Period 1 January - 30 June 1990)

In accordance with the resolution of the Senate of 14 December 1989, relating to the consideration of annual reportâ¢ by the Senate Legislative and General Purpose Standing Committees, the following annual report1 by Commonwealth bodies are transmitted

for examination and report by the Coamitteea

â¢ Australian Sports Commission; â¢ Christmas Island Services Corporation - 1987-88; â¢ Christma1 Island Services Corporation - 1988-89, and â¢ National Science and Technology Centre.

Michele Cornwell Clerk-Assistant (Tabla)

9 October 1990

Mr Peter Grundy Secretary

Jift THE SENATE CANBERRA. A .C .T .

Senate Standing Committee on Environment, Recreation and the Arts Parliament House CANBERRA ACT 2600

REFERENCE OF ANNUAL REPORTS '1'0 STANDING COMMITTEES (Period 22 August - 20 September 1990)

In accordance with the resolution of the Senate of l4 December 1989, relat!.ng to the consideration of annual reports by the Senate Legislative and General Purpose Standing Committees, the following annual reports by Commonwealth bodies are transmitted for examination and report by the Committee:

Australian Capital Territory Housing Trust, and Australian Capital Territory Transport Trust Account.

Michele Cornwell Clerk-Assistant (Table)

23 November 1990

Mr Peter Grundy Secretary

THE SENATE CANBERRA. A .C .T .

Senate Standing Committee on Environment, Recreation and the Arts Parliament House CANBERRA ACT 2600

REFERENCE OF ANNUAL REPORTS TO STANDING COMMITTEES

In accordance with the resolution of the Senate of 14 December 1989, relating to the consideration of annual reports by the Senate Legislative and General Purpose Standing Committees, the following annual report by a Commonwealth authority is

transmitted for examination and report by the Committee:

* Office of the Supervising Scientist for the Alligator Rivers Region.

...

Michele Cornwell Clerk-Assistant rTablel

RECEIVED 23 NOV 1990 ,_,. ........ e-.m.. 00

&·"-· ...,..floo â¢ .., .... Arts

APPENDIX2

GUIDELINES FOR THE CONTENT, PREPARATION AND PREsENTATION OF ANNUAL REPORTS BY STATUTORY AUTHORITIES (SENATE HANSARD, 11 NOVEMBER 1982, PP. 2261-2262)

Introduction

Reports of small unincorporated authorities and office holders within the public account may continue to be included in the related departmental reports where it is practical to do so.

Report Contents

Application of these guidelines to those authorities engaged in commercial competition with the private sector is subject to the need to protect commercially sensitive material.

The following information is to be provided in future annual reports:

(i) Enabling Legislation. A clear statement of the legislation (if any) under which the organisation operates.

(iii) Powers, Functions and Objects. To be detailed.

where an unincorporated body has no specific financial responsibilities and no financial reporting requirement exists, it might be appropriate to disclose departmental receipts and expenditures relevant to its operations, while avoiding unnecessary duplication of the information contained in the annual Financial Statements prepared by the Minister for Finance. The requirement for adequate disclosure will extend to bodies incorporated

under companies legislation if the Commonwealth is sole owner or shareholder; this will not affect the need to satisfy the reporting requirements under company law. The Department of Finance and the Auditor-General's Office are preparing guidelines which will assist

Parliamentary Committees.

(vi i) Operational Problems. A description of the major problems which have arisen in the body's activities, including details of requisite Government action to overcome such problems e.g. the amendment of the enabling Act.

(viii) Subsidiaries. Details of subsidiary companies formed or interest acquir ed in existing companies are to be provided. It is a desirable practice to include the annual report of such subsidiaries as are controlled by the parent authority with the report of that authority where this is feasible.

APPENDIX3

REQUIREMENTS FOR THE ANNUAL REPoRTS OF NON-STATUTORY BODIES (AFTER HANSARD, PP. 2645-7, 8 DEcEimER 1987)

1. The date of establishment of each new NSB and, in relation to each existing NSB, information regarding the date of its establishment in as much detail as is available.

2. A statement of each NSB's objectives and functions.

3. An account of each NSB's significant activities during the year.

4. An indication that the creation or continued existence of each NSB, its functions and its organisation have received Ministerial approval.

5. The date on which each NSB will cease to exist or before which it will be reviewed (whichever is the earlier).

6. In the case of any NSB whose continued existence, functions and organisation have been reviewed and whose continued existence has been approved by the Minister, a summary of the outcome of the review.

7. A list of any positions provided for ex-officio government members on each NSB and of any positions provided for representatives nominated by particular non-government organisations.

8. The maximum term of appointment to each other position on an NSB.

9. Except in cases where there may be little or no continuity of membership from one meeting to the next, the names of individual members of each NSB, and their terms of appointment.

10. The manner in which the level of remuneration (if any) paid to members of each NSB is determined.

11. The manner in which each NSB is funded.

12. A summary of any other financial arrangements such as the kinds of expenditure that can be made from the funds provided, and the nature of secretariat services provided and the way in which these are funded.

13. An indication, in respect of each NSB, as to whether one of its functions is to distribute funds to other organisations or individuals.

14. In the case of each NSB with its own accounting system, an audited financial statement.

15. In the case of each NSB that operates through its parent body's accounts, an account of receipts and expenditures, to be provided on a program basis

with the NSB's work reflected in the parent body's published program structure and with performance related to objectives and measured in terms of stated criteria, in accordance with standard program budgeting techniques; and

the amounts of any grants made by each NSB.

APPENDIX4

SECTION 34C, ACTS INTERPRETATION ACT 1901

REPRINT No. 3

-!,), AUSTRALIA,c_d-

ACTS INTERPRETATION ACT 1901 Reprinted u II 31 JIIIUM"I 1HO

xxxxxxxxxx

Periodic repor11

34C. (1) In this section: â¢periodic report" means a reaular report relatin& to: (a) the activities, operations, business or affain of a penon; or {b) the administration, operation or workin& of an Att or part of

an Act, durin& a particular period that ends on or after 30 June 1983; â¢penon" includes a body corporate, office, commission, authority, committee, tribunal, board, institute, oraanization or other body bow ever described.

{2) Where an Act requires a penon to furnish a periodic report to a Minister but does not specify a period within which the report is to be 10 furnished, that person shall furnish the report to the Minister 11 soon u practicable after the end of the particular period to which the

report relates and, in any event, within 6 months after the end of that particular period.

(3) Where an Act requires a penon to furnish a periodic report to a Minister for presentation to the Parliament but does not specify a period within which the report is to be so presented, that Minister shall cause a copy of the periodic report to be laid before each House

of the Parliament within IS sittin& days of that House after the day on which he receives the report.

(4) Where this or any other Act requires a person to furnish a periodic report to a Minister within a specified period and that penon is of the opinion that it will not be reasonably possible to comply with the requirement, that person may, within the specified period, apply to the Minister for an extension of the period, and, where he does so

6 0

30 Acts Interpretation Act 1901

apply, he shall furnish to the Minister a statement in writin& explainin& why, in that person's opinion, it will not be reasonably possible to comply with the requirement.

(5) A Minister may, on application under subsection (4), arant such extension as he considen reasonable in the circ*mstances.

(6) Notwithstandin& subsection (2) and the provisions of any other Act, where a Minister arants an extension pursuant to an application under subsection (4): (a) the Minister shall cause to be laid before each House of the

Parliament, within 3 sittin& days of that House after the day on which he arants the extension, a copy of the statement fur· nished pursuant to subsection (4) in respect of the application toaether with a statement specifyin& the extension &ranted and his reasons for aranti na the extension; (b) the person who made the application shall furnish the periodic

report to the Minister within the period as so extended; and (c) the Minister shall cause a copy of the periodic report to be laid before each Hou'se of the Parliament within 15 sittin& days of that House after the day on which he receives the report.

(7) Where this or any other Act requires a person to furnish a periodic report to a Minister within a specified period or an extension of that period under this section and that person fails to do so: (a) that person shall, not later than 14 days after the end of that

specified period or extension, as the case may be, furnish to the Minister a statement in writina explainin& why the report was not furnished as required; and (b) the . Minister shall · cause a copy of . the statement to be laid

before each House of the Parliament within 3 sitting days of that House after the day on which he receives the statemenL

(I) This section does not apply in relation to the Australian Security lntelliaence Oraanization or the Office of National Assess ments.

6 1

APPENDIX 6

LETTERS CONCERNING CISC REQUEST FOR ExTENSION OF REPORTING DATE

__//b_

AUSTRALIAN SENATE CANBERRA. A.C.T.

STANDING COMMITTEE ON ENVIRONMENT. AND THE ARTS

23 November 1990

Ms Michele Cornwell Clerk Assistant (Table Office) Department of the Senate Parliament House CANBERRA ACT 2600

Dear Ms Cornwell,

I have attached copies of the following correspondence:

PARLIAMENT HOUSE CANBERAA. A.C.T. 2600 TEL: (06) 277 3525 FAX: (06) 277 3899

ERA 17

a) Letter dated 26 October 1988 from the Director of the Christmas Island Services Corporation (CISC) to the Department of the Arta, Sport, the Environment, Tourism and Territories;

b) Letter dated 5 December 1988 from the Minister for the Arts and Territories to the Director of the CISC.

The documents were tabled under the Acts Interpretation Act by the Minister for the Arts and Territories in the House of Representatives on 21 December 1988. A copy of the Minister's Jetter to the Clerk of the House of Representatives is also attached.

Would you please confirm whether documents (a) and (b) were also tabled in the Senate.

Yours sincerely,

Ref: Tel: 86/55DMc82 8300

Mr C Cole

Director

Chri s tmas Island Secti on of the Arts , Sport,

CHRISTMAS ISLAND SERVICES CORPORATION Telephone: 8300 (from Aurtrelle dlel 0011 6724 8300) Tolex : 768W78002

Facsimile : 8304 (from Auttrelle dlel 0011 672 4 83()4)

the Envi ronment , Tou rism and Territories CANBERRA ACT 2601

Dear Ch r i s topher

With res pect, I seek the approval of the Minister for the

Department of t he Arts , Sport, the Environment, Tourism and Territories fo r an extension of t i me (3 months) to complete the prepa r a tion of the Annual Report for 1987/88 on the

affairs of t he Christmas Island Corporation.

Although wor k is well advanced on both the Annual Accounts and the Report Text to safe guard delays which could be

encounte r ed with an Audit visit and annual leave of

principa l off i cers of CISC, this request is hereby

submitte d.

You r s s incerely

D McCu tcheon Director 26 Oc tober 1988

CHRISTMAS ISLAND 6798, INDIAN OCEAN, AUSTRALIA

63 !

Minister for the Arts 1. and Territories ·

Hr Doug McCutcheon Director Christmas Island Services Corporation Christmas Island

INDIAN OCEAN 6798

Dear Hr HcCutcheon

· : · . t ... . -- ; :.;

9 9 2 1 DEC 88

lbl

- 5 DEC 1Q88

I refer to your letter of 26 October 1988 to my Department whereby you requested an extension of 3 months in which to provide me with a copy of the Corporation's 1987/88 Annual Report and Financial Statements.

I have noted the reasons for the extension outlined in your letter and as such approve under Section 34C(S) of the Acts Interpretation Act 1901 an extension of ·six months to 30 June 1989 for you to provide me with this report .

As required under Section 34C(6) of Acts Interpretation Act 1901 I have written to the Clerks of both Houses of

Parliament requesting that your request for an extension and this letter of approval be tabled. Yours sincerely

(Clyde Holding)

Minister for the Arts and Territories

Clerk House of Representatives Parliament House CANBERRA ACT 2600

Parliament House Canberra ACT 2600

- 5 DEC 1988

CHRISTMAS ISLAND SBRVICKS CORPORATION 1987/88 ANNUAL REPORT AND FINANCIAL STATDCBN'l'S

Section 27(1) of the Services Corporation Ordinance 1984 requires the Annual Report and Financial Statements of the Corporation to be provided to me by 31 December each year.

Under Section 34C(5) of the Acts Interpretation Act 1901 I have approved an extension of six months for the provision to me of this report.

I request that in accordance with Section 34C(6) of the Acts Interpretation Act 1901 you arrange for the attached documentation to be tabled as deemed papers in the House.

In reply please quote:

Mr P. Grundy,

AUSTRALIAN SENATE CANBERRA . A C .T .

26 November 1990

Secretary to the Standing Committee on Environment, Recreation and the Arts

Dear Mr Grundy,

With reference to your memorandum ERA 17 of 23 November 1990, the Table Office can find no record in the Journals that the two

letters were tabled in the Senate.

Yours sincerely,

(Michele Cornwell) Clerk-Assistant (Table)

APPENDIX 6

Minister for the Arts, Tourism and Territories

Clerk 'l'he Senate

The Hon . Clyde Holdma. LLB, MP Member for Melbourne Pons

Parliament Rouse CANBERRA ACT 2600

CBJUS'l'MU ISLAND SDVICilS CORPORA!'IOII 1987/18 .&HNUAL RDOR!' AND rDI&HCLU. S'l'ATBNKH'l'S

Section 27(1) of the Services Corporation Ordinance 1984 requires that the Annual Report and Financial Statements of the Corporation be provided to me by 31 December each year. On 5 December 1988 under Secti.on 34C (5) of the Acts

Interpretation Act 1901 I approved an extension of siz aonths to 30 June 1989 for the Christmas Island Services Corporation to provide me with the report. As required by Section 34C(7) of the Acts Interpretation Act

1901 the Director of the Christmas Island Services Corporation to me on 14 July 1989 stating tbâ¢t he has been unable to

provide me with the report within the extended period.

I request that in accordance with Section 34C(7) of the Acts Interpretation Act 1901 you arrange for the attached documentation to be tabled as Clerk' a papers in the Senate. I have made similar arrangements with the Clerk of the Bouse of

· s .

(Clyde Holding)

Parliament House, Canberra ACT 2600. Telephone: (062) 77 7360. Fax : (062) 73 4132

Reference: Telephone:

The Hon C HoJ ctj nq HI'

CHRISTMAS ISLAND SERVICES CORPORATION T...,_: 8300 1fn1m Aulnlltl ell-' II!\ 1172 413001 Tetu :,. â¢110a2

Fecelmlle : 1304 lfnlm Aullnille diet 0011172 413041

of lhâ¢.: Art.::;, Sport, the

Env i t , .,.,,,,. i tllll and Terri tor ies

Parlia-nt Houeu.· CANBERRA .\CT :!t-1111

Dear Mr Holding

ANNUAL REPCin' I 9B7/8B

On _ 26 I ')IOI, t.ho;: Services Corporation requested an

extension â¢>f ll,.. ,..,., . allowed for the submission of its

Annual Report t" ., .. ... . t. o:' 30 June 1989.

Due to c i n:u111s t as

paragraphs, ,.h .. o'oorporation deadline. explained in the follow i ng

has been unable to 111eet this

Although the were prepared prior to the depart ure

from Chr istm;u;: rs.lllncl of the Corporation â¢s, Assistant

Director - 1\udit have subsequently discovered a

nu11ber of eo· ron; p...,,.,. ic-ularly in regard to the "joint"

accounting po ('<'t·â¢loo .... r .. ,. t;ween the Corporation and Nat i onw i de who raanage a no.nnh· ·â¢ "' r.ommercial enterprises on Island on our behalf.

- 2 -

Due to the of these errors, and due also to the

aituation thllt .,; 1 hin the Corporation we no longer have any employee wil: h â¢mff ident accounting qualifications and akills, re.l ianâ¢.·â¢: ''" assistance froâ¢ the DepartJient of

Territories ICanho;orra) has been necessary in adjusting the accounts to â¢ ·â¢ ·I .,udit requirements. The Department of

Terri tor ies hllw· '·'"'"'" very helpful, but this requirement has placed consider"''' k burden upon their resources, to the

extent that a1u.J the Corporation ·will require a further

period of six lllurtlhf' to complete the Report.

I anticipatr;> hcoving the report available by 31 December

1989.

Yours sinr.â¢Hâ¢! J y

CHRISTMA8 ISLAND SERVICES CORPORATION T.._,._: IIIII) tfrwn CID111724aD T.... : 71110 'JIDil

... ,,_.,,....,.

Our Rof. 16/55

Tht: llc.m Clyllw Hulu i nv MP "inieter for the Arta Tour1am end Par 1 hrnent Houaâ¢ CANBERRA ACT 2600

ANNUAL ltEP

l refer to the Director'â¢ of 14 July 1989 in he

Informed you thet this orql'lni,.l'lt.lnn VIlli unable to meet the â¢eâ¢â¢lifte ler \ho of i\e

· . . ·-· .

Tnia Jetter hea been prepared to c1ar1fy the issues concerning the Report. and the Corporationâ¢a _accounting needs and further detailâ¢ are now provided. - -

Au»ltaliau AuuiL has Lhret: areas of concern regOJrding ClSC' a U8'7/81! financial ateLt:JRmLw. Thwy are â¢

(:I)

(b)

{c)

Rc=ulting fcoa thâ¢ diacont.inued practice of having the oupcraArkot. CISC

â¢.Hnt;,ining tho accounts Ltwr·â¢ incorroct entries to the accounts. Theae enlrie8 cauaad contusion ae they could be treated in differâ¢nL vays -Australian Audit their

best l.bw r inaneiel outco.aa and Cour

rnt r i llt. \.heir rtCNtlt,

Australian Audit believed that provision Cor amploroc bcnefl ts should be â¢ade i.n the accounts together v t.h an explanation of the funds in the notes to the financial statement. Audit also requested additionel

entries to the notes covering .. varal other ita .. which clad fy chenvâ¢â¢ '" u .. fr011 the

previous financial year to this one.

Australian Audit. drev CTSC's at.tâ¢ntion to several issues, â¢9 aeeet registere, that should be CISC has taken action to rectify these areas.

2 .

A restructure of crsc end the Adminielrelion was Initially proposed in December 1988 . The restructure provides for CISC to have 1 ttlff of 26 which will not include provuion for en accountant 11 Lhc Adainietrttion it

capable of perforâ¢inv thie function and thus eliainating duplication of reeourcae.

Should tccount1ng expertise be required by CISC tbOve that which exiete on the leland, â¢9 for preparation of annual appropriate pereonnel would be en;eoed

â¢â¢ coneultanta. r.tv-n thâ¢ dâ¢lâ¢yâ¢ in prcparin9 the 1917/18 Annuel Reporl end Financial Statementâ¢ it hae been neceeeary to seek the expertise of the uepartaent in tin111e1ng thie .. ttar.

Whilst theee deltya have occurred I now believe that we can preeent â¢ ,lnftl rPrnrt hy 30 1989 .

Youre eincerely

Actin9 Director 15 August UBt

SENATE STANDING COMMITTEE ON FOREIGN AFFAIRS, DEFENCE AND TRADE

REPORT ON 1HE EXAMINATION OF ANNUAL REPORTS

DECEMBER, 1990

MEMBERSHIP OF TilE OOMMITIEE

Chairman

Deputy Chairman

Senator G.R. Maguire, ALP, SA

Senator Baden Teague, LP, SA

Senator B. Bishop, LP, NSW

Senator V. Bourne, AD, NSW

Senator B.R. Burns, ALP, OLD

Senator S. Loosley, ALP, NSW

Senator I.D. Macdonald, LP, OLD

Senator S. West, ALP, NSW

TERMS OF REFERENCE

SENATE RESOLUTION OF 14 DECEMBER 1989

(1) That, in accordance with recommendation 28 of the report of the Standing Committee on Finance and Public Administration on The Timeliness and Quality of Annual Reports, and the President's acceptance of that recommendation, the President present to the Senate in each year a Jist of all annual reports presented to the Senate of departments, statutory authorities, non-statutory bodies and companies, showing in respect of each report the date required for presentation and the actual date of presentation, and any statement of reasons provided to the Senate for the late presentation of a report.

referred; and that the chairs provide to the President any amendments to that list the chairs consider necessary or desirable, having regard to the Jist presented by the President under paragraph (1).

(3) That annual reports be referred to the standing committees, and the President forward the reports to the committees, in accordance with the lists provided under paragraph (2).

(4) That, in accordance with recommendation 27 of the report referred to in paragraph (1), each .committee examine each annual report referred to it and report to the Senate whether the report is apparently satisfactory.

(6) That each committee investigate and report to the Senate on any lateness in the presentation of reports, having regard to the list provided by the President under paragraph (1).

(7) That, in considering an annual report, a committee take into account any relevant remarks about the report made in debate in the Senate.

(9) That the Chair of the Standing Committee on Finance and Public Administration, after consulting with the chairs of the other standing committees, having regard to the list of statutory authorities, non-statutory bodies and companies maintained by the Standing Committee on Finance and Public Administration, present to the Senate each year a report indicating whether there are any bodies which do not present annual reports to the Senate and which should present such reports.

(Journals of the Senate, No. 218, 14 December 1989, pp. 2377-8)

7 5

CONTENTS

ANNUAL REPORTS REFERRED

CRITERIA

1988-89 ANNUAL REPORT OF TIIE DEFENCE HOUSING Al.ITHORITY

SERVICES TRUST FUNDS

â¢ 1989 Royal Australian Navy Relief Trust Fund

â¢ 1989-90 Annual Report of the Royal Australian Air Force Veterans' Residences Trust

â¢ 1989 Annual Report of the Royal Australian Air Force Welfare Trust Fund

â¢ 1989 Annual Report of Australian Militaiy Forces Relief Trust Fund

â¢ 1989-90 Annual Report of the Army and Air Force Canteen Service (AAFCANS) Board of Management

AUSTRALIA NEW ZEAU\ND FOUNDATION

Page

ANNUAL REPORTS REFERRED

During the Budget Session in 1990, the following Annual Reports were referred to the Committee:

1988-89 Annual Report of the Defence Housing Authority

1989 Royal Australian Navy Relief Trust Fund.

1989-90 Annual Report of the Royal Australian Air Force Veterans' Residences Trust

1989 Annual Report of the Royal Australian Air Force Welfare Trust Fund

1989 Annual Report of Australian Military Forces Relief Trust Fund

1989-90 Annual Report of the Army and Air Force Canteen Service Board of Management

1989-90 Annual Report of the Australia New Zealand Foundation

CRITERIA

The Committee has examined these Reports against the criteria set down in the Guidelines for the Content, Preparation and Presentation of Annual Reports by Statutozy Authorities and the Guidelines for Departmental Annual Reports. In this review the Committee has primarily been concerned to check that the Reports have met the basic criteria essential for these documents to be useful to the public. In particular, The Committee was concerned to see that the following information was included:

1. the name of the enabling legislation;

2. the name of the responsible Minister;

3. a description of the powers, functions and objects of the organisation;

4. details of membership of boards etc as well as staff;

5. a description of the organisations' activities during the year;

6. information on Equal Employment Opportunity Policy and Freedom of Information activities, where relevant; and

7. Financial Statements and, where appropriate, a Statement from the Auditor-General.

â¢â¢â¢

1988-89 ANNUAL REPORT OF TilE DEFENCE HOUSING AUIHORITY

The Defence Housing Authority states that its mission is:

To provide Defence personnel and their families with good housing consistent with community standards and which will contribute positively to their quality of life. In achieving this mission, the Authority shall meet Defence operational needs, follow sound commercial principles and be a responsive and innovative organisation.

As at 30 June, 1989, the Authority had a total housing stock of 24,441. It commenced 571 houses and completed 502 during 1988-89, compared to 449 in 1987-881â¢ It collected $158.6 million in rent and other income during the year, made an operating profit of $21.2 million and a return on assets of 5.04%, just slightly above its target.

The Committee considers that the Annual Report meets all the criteria set down in the Guidelines. The Report provides much basic information on the structure and organisation of the Authority as well as concise descriptions of the major activities it carries out.

The Report is well set out and easy to read. The Committee commends the Authority for the quality of its report. In order to further enhance the usefulness of the Report, the Committee has two suggestions to make regarding reporting on the Commonwealth Loan the Authority is receiving and the provision of more comparative data.

Commonwealth Loan Issue

An important change in the operation of the Defence Housing Authority is that the Authority is now receiving a loan from the Commonwealth Government, upon which the Authority will pay annual interest. This is referred to in the Report on page 4. According to the Chairman's Report this situation "can be expected to adversely impact the Authority's profitability in coming years". The loan program is for $750 million (1986 dollars) over a period of ten years.

The figure for the amount of loan received during 1988-89 appears in the financial statement on page 46, i.e. $54.629 million. Given the importance of this matter to the finances of the Authority, the Committee recommends that the Authority consider including in its Annual Report a separate brief statement concerning the Commonwealth loan, showing (a) amount of annual loans in past years; (b) amount of loan for year

1. 1987-88 figures supplied by Parliamentary Research Service.

covered by Annual Report; (c) interest paid in past years and interest paid in current financial year; and (d) any capital repaid by the Authority. This statement should also indicate the proportion of the 10 year commitment of $750 million (in 1986 dollars) that has been made available by the Commonwealth up until the time of reporting.

Any additional Commonwealth financial commitments should also be detailed in this section (for example, the additional commitments which bring current total Commonwealth commitments to $1.2 billion).

Comparative Data

The Committee also recommends that the Authority include in its report a table giving comparative figures on its performance over a number of years. The key data that might be included are:

the disposal of sub-standard housing;

the number of houses purchased;

the number of allotments purchased;

the number of houses built;

the number of houses improved.

Such comparative data should also include figures indicating the excess of demand over supply, or vice-versa, that is to say the number of service personnel renting in the private market or the number of properties held vacant. The Authority might also consider including data to evaluate the success of the initiatives introduced to improve the quality and timeliness of repairs and maintenance.

Equal Employment Opportunity (EEO) Policy

The Report includes useful information on its EEO performance. The Committee notes that there is a disproportionately high percentage of women employed in the lower paid positions in the Authority itself, and none in the SES ranks .

â¢â¢â¢â¢â¢

SERVICES TRUST FUNDS

The Committee has received four Annual Reports from Service Trust Funds. As these bodies do not employ staff some of the above criteria are not relevant .

â¢â¢

1989 ROYAL AUSlRALIAN NAVY RELIEF TRUST FUND

The purpose of this Fund is to provide relief for eligible persons who require financial assistance either by means of grants or interest free loans. The Fund manages assets of approximately two and a half million dollars. During 1989, the Fund allocated grants of just over $60,000 and provided loans worth just under 4 million dollars.

The Committee found that the Report met most of the relevant criteria listed earlier. However, it recommends that future reports should indicate whether or not the Fund has received requests under the Freedom of Information Act.

â¢â¢

1989-90 ANNUAL REPORT OF TilE ROYAL AUSlRALIAN AIR FORCE VEfERANS' RESIDENCES TRUST

This Trust manages properties and has total assets valued at $1,718,456.

The Committee found that the Report fulfilled most criteria, except in one important respect. The Report does not give any clear description of the functions or objects of the Trust. While it is possible to deduce what some of its functions might be, it would be a more adequate public report on the Trust if the functions, powers and objects of the Trust were described.

The Report also gave no information in relation to Freedom of Information policy and activity.

â¢â¢

1989 ANNUAL REPORT OF TilE ROYAL AUSTRAUAN AIR FORCE WEll" ARE TRUST FUND

The Trust assists and alleviates need amongst serving members and their families through grants and interest free loans, and also assists distressed ex-members and their dependents. The Trust manages assets worth over two million dollars. Total loans approved during the year was reported as $2,725,743 and total grants approved amounted to $2,190.

The Committee found that the Report included the relevant information under the criteria listed above.

1989 ANNUAL REPORT OF AUSTRALIAN MILITARY FORCFS RELIEF TRUST FUND

This Fund provides welfare grants and loans to former and current members of the Australian Regular Army and, in some cases, the Australian Army Reserve. In 1989, the Fund provided 309 loans worth a total of $387,941.

The Committee found that the Report included the relevant information set out in the criteria listed above, except that there is no clear indication as to who the responsible Minister is (apart from a letter from the National Audit Office).

1989-90 ANNUAL REPORT OF TilE ARMY AND AIR FORCE CANfEEN SERVICE (AAFCANS) BOARD OF MANAGEMENT

The Board of Management is required to make an Annual Report to the Minister for Defence Science and Personnel by Regulation 23E of the AAFCANS Regulations. This Annual Report describes, therefore, one element of activity carried under the umbrella of the Department of Defence Science and The Report meets the essential criteria of a satisfactory Annual Report in that it gives information on the purposes of the Canteen Service, the relevant policy guidelines, and the information on how the Canteen Service is structured.

It also provides detailed information on its commercial activities as well as the required financial statements. The Canteen Service recorded an operating profit of $1,132,968 during the twelve months covered by the report (i.e. 31 January, 1989 to 31 January, 1990). This profit was distributed to Service Canteen committees to be used to meet the welfare and amenities needs at individual units or establishments.

The Committee is of the view that it would be useful to include in the Annual Report a description of the way in which the distributed profits are used.

It is noted that the Service employed 571 people, including 430 casual employees during the year. Given that the Canteen Service has an Equal Employment Opportunity policy, it would be desirable for figures to be provided as to the number of men and women employed, both full-time and part-time.

â¢â¢

AUSTRALIA NEW ZEAIA.ND FOUNDATION

The Australia New Zealand Foundation states that its prime objective is to help strengthen the relationship between Australia and New Zealand, aimed at 'building up mutual knowledge and people-to-people contacts between the two countries'. Its main activity is carried out through exchanges. It co-operates with a counterpart Foundation in New Zealand. It has a Board and its Secretariat is comprised of staff of the Department of Foreign Affairs and Trade.

In 1988-89 the Foundation's total expenditure was $98,109.

As the Foundation is administered as a part of the Department, though with direction from an outside board, it's Annual Report is essentially a report on a program of activities rather than the operation of an institution and thus is not expected to provide the same range of information as the Annual Report of a Department or authority.

The Committee found the report a useful summary description of the activities of the Foundation.

â¢â¢

The Parliament of the Commonwealth of Australia

SENA1E STANDING COMMI1TEE ON INDUS7RY, SCIENCE AND TECHNOLOGY

REPORT ON ANNUAL REPORTS: REPORTS TABLED- AUTUMN SITTINGS 1990

DECEMBER 1990

MEMBERS OF THE COMMITTEE

Chairman: Senator B.K. Childs (ALP), New South Wales

Members: Senator B.R. Archer (LP), Tasmania, Deputy Chairman Senator the Han. P.E. Baume (LP), New South Wales Senator R.L.D. Boswell (NP), Queensland Senator B.R. Burns (ALP), Queensland Senator J.R. Coulter (AD), South Australia Senator R.A. Crowley (ALP), South Australia Senator J.R. Devereux (ALP), Tasmania

Secretary: Robert Diamond

Project Staff: Marisa Ruedas Veronica Strkalj

Executive Assistant: Glenice Castles

Senate Standing Committee on Industry, Science and Technology The Senate Parliament House CANBERRA ACT 2600

Tel: (06) 277 3540 Fax: (06) 277 3899

TABLE OF CONTENTS

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

Annual Reports Examined

Determining Relevant Guidelines for Authorities and Other Bodies ........ . .

Uniformity of Reporting .............. . . ... .......... . ....... . . .. . .

Particular Issues Arising from the Committee's Review . . ............... .. .

Timeliness of Reports ....... .. . . ........ .. ........... . ..... .

Contents Pages and Indexes ... . ..... . .... .. ............ . ... .. .

Presentation ......................... .. ................. . .

Financial Statements ............................ . .......... .

Staffing ..... . ......................... . ... . .. .. .. . . · · · · · .

Review of Selected Reports ..................... . ... . .. . ....... . .. .

Anti-Dumping Authority Annual Report 1988-89 . ...... . .......... .

Automotive Industry Authority Annual Report 1989-1990 .. .......... .

Horticultural Research & Development Corporation Annual Report 1988-89 . .. . ............................. . .... . .. . .. .

Australian Wheat Board Annual Report 1988-89 ....... .. .. .. ..... .

Thirty-third Annual Report of the President of the Australian Conciliation and Arbitration Commission, and the First Annual Report of the President of the Australian Industrial Relations Commission

Other Reports ........ . ............... . ... . ............. . ...... .

Operation of Acts ........... . .. . . .. ................ . ...... .

Advance Australia Foundation Annual Report 1988-89 .. . ...... .. ... .

Other Issues .... . . . .. . ....................... . ............... . . .

Enabling legislation ................ . .......... . . .. ....... . . .

Responsible Minister .............. . .............. . ......... .

Powers, Functions and Objects ........ . ....... . . . .. .... . . .... . .

Subsidiaries ... . ......... . ...... . .. . ...... . . . ..... ... ... . . .

Information Officer .................. . ..... . ..... .. .. . ..... .

Operational problems ..... . ....... .. ...... .. . . .... .. . . ..... .

Conclusions . . . ............................... .. ............. . . .

11 11 13

14 14 14 14 14 14 14

APPENDIXES

1 Senate Resolution on Annual Reports 2 List of Annual Reports by Department 3 Summary of Guidelines 4 Table of Compliance with Guidelines 5 Terms of Reference for inquiry into reporting

guidelines for statutory authorities: Joint Public Accounts Committee 6 Introduction to President's Report on Annual Reports, August 1990 7 Correspondence regarding late tabling of reports 8 Contents Page: Automotive Industry Authority

Annual Report 1989-90 9 Checklist: Automotive Industry Authority Annual Report 1989-90 10 Staffing: Australian Industrial Registry

Annual Report March 1989-June 1989 11 Enabling Legislation: Australian Special Rural Research Council Annual Report 1988-89 12 Responsible Minister: Horticultural Research &

Development Corporation Annual Report 1988-89 13 Powers, Functions and Objects: (i) Horticultural Research & Development Corporation Annual Report 1988-89

(ii) Australian Industrial Registry Annual Report March 1988-June 1989

REPORT ON ANNUAL REPORTS: REPORTS TABLED - AUTUMN SITTINGS 1990

INTRODUCTION

1.1 In accordance with the Senate Resolution of 14 December 1989\ the Senate Standing Committee on Industry, Science and Technology presents its second report on annual reports for the Budget Session 1990.

ANNUAL REPORTS EXAMINED

1.2

On 13 August 1990, the following reports were referred to this Committee:

Australian Conciliation and Arbitration Commission; Australian Industrial Registry; Australian Industrial Relations Commission; Remuneration Tribunal; Stevedoring Industry Finance Committee; Anti-Dumping Authority;

Industry Research and Development Board; Safety Review Committee (ANSTO); Australian Horticultural Corporation; Australian Safeguards Office; Australian Special Rural Research Council; Australian Wheat Board;

Cotton Research Council; Dried Fruits Research Council; Fishing Industry Research and Development Council; Grain Legumes Research Council; Honey Research Council; Horticultural Research and Development Corporation; Pig Research Council; Protected Zone Joint Authority; Research Councils' Selection Committee, and

Wheat Research Council.

See Appendix 1

Two reports on the operation of Acts were also referred for consideration by the Committee:

Australian Industry Development Corporation - EEO Annual Report 30 June 1989, and Operation of the Fishing lndustzy Act 1956 - Annual Report 1988-89.

A further nine reports (including one on the operation of an Act) were transmitted to the Committee for examination on 9 October 1990. Th ese were:

Advance Australia Foundation; Australian Meat and Live-stock Corporation; Australian Tobacco Board; Automotive Industry Authority; Meteorology Policy Counci1;2 Murray-Darling Basin Commission; Northern Territory Fisheries Joint Authority; Oilseeds Research Council, and Operation of the Fishing lndustzy Research Act 1969 - Annual Report 1988-89.

Corrigenda to the Department of Industrial Relations and Department of Primary Industries and Energy 1988-89 Annual Reports were also forwarded to the Committee to report on if warranted.

The 33 reports referred to this Committee were classified as follows:

Statutory Authorities

Other (including operation of Acts, companies limited by guarantee etc.)

Incorrectly referred

Total

...1

(A list of reports grouped by department is at Appendix 2)

Note: Incorrectly referred. Subsequently re-referred to the Senate Standing Committee on Transport,

Communications and Infrastructure for examination.

1.3 The Committee examined each report to determine whether it complied with Guidelines for the Preparation of Annual Reports by Statutory Authorities, as tabled in the Senate on 11 November 1982. These guidelines were summarised and prepared as a checklist3.

1.4 The results of the aforementioned examination have be.en tabulated and are provided at Appendix 4.

1.5 The Committee is not limited in its examination of annual reports to

checking compliance with guidelines. This is regarded as information which should be basic to ail reports. The Committee also examines reports to ensure they provide useful operational and financial information about the period under review.

1.6 As this is the first year that the Committee has examined annual reports in terms of the reference, initial emphasis has been on checking compliance with the guidelines. Addressing these matters has exposed other operational matters which the Committee comments on later in this report. As the Committee examines reports subsequently under this reference compliance with guidelines will be expected as will explanation of non-compliance. Qualitative assessment of annual reports or aspects of

them will also be covered by subsequent reviews.

1.7 Examination of annual reports referred in the Budget sitting period

highlighted many examples of good reporting practices. The Committee focuses on many of those examples in this report. Unfortunately there are deficiencies in some aspects of reports examined. These are also commented on in the following sections.

DETERMINING REIEV ANT GUIDELINES FOR AUTIIORITIES AND OTHER BODIES

1.8 The Committee's previous Report on Annual Reports dated June 1990 referred to the problem of determining relevant guidelines for authorities and other bodies. The Committee concluded in that Report that there needed to be a clear delineation of the bodies to which the guidelines applied. Examination of reports currently referred reveal similar problems. Resolution of the problem requires the guidelines to be updated as recommended in the June 1990 Report.

1.9 Updated guidelines and a clear description as to which bodies they relate will overcome much of the confusion. It will also that developments since 1982 when the guidelines were first implemented will be dealt with in a consistent way in all reports.

1.10 An example of such an issue is the Equal Employment Opportunity program. Under the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 an Authority has the option of including a report on its EEO program in its own

See Appendix 3

annual report4, separately from its annual report, or to the Public Service Board rather than the responsible Minister5â¢ In all cases the authority should be required to put in a return stating with whom their EEO program report has been lodged. It should be noted that under s3 of the Act, some authorities may be exempt from this reporting requirement. In this case, the Authority should still provide an explanation as to why it is not required to report in accordance with this Act. Some authorities may also be subject to the EEO provisions of the Public Service Act 1922 under s22B.

1.11 Only one separate report on EEO was referred to this Committee. The AIDC EEO Annual Report 1989 was tabled in accordance with s9 of the Equal Employment Opportunity (Commonwealth Authorities) Act 1987. Under this Act all relevant authorities are required to report on the "development and implementation of its program"6 of EEO. Section 6 provides the criteria for establishing and developing EEO programs, and this report has addressed issues covered by sub-sections 6(a) - (h).

1.12 The issue of Equal Employment Opportunity was raised in several other annual reports referred to this Committee, including those from the Australian Industrial Registry, the Anti-Dumping Authority and the Automotive Industry Authority.

UNIFORMITY OF REPORTING

1.13 The problem of lack of uniformity in reporting practices and outdated guidelines has been compounded by some authorities being directed to report as if they were departments, others selecting criteria from both the authority and departmental guidelines and some not taking any guidelines into consideration. Unfortunately some authorities are in a position where they report not only to the Federal Parliament but also to State Parliaments. Therefore a certain amount of confusion exists concerning how they should report, the end result being that they may not comply satisfactorily with any guidelines.

1.14 In another case, a company limited by guarantee was required to report in accordance with an Act. The Advance Australia Logo Protection Act 1984 details the matters that the Advance Australia Foundation is obliged to report on. Under these circ*mstances, it seems warranted to override the 1982 guidelines and to examine compliance in accordance with specific requirements under the Act. There arises also the question of the manner in which a company limited by guarantee should report in the absence of having similar responsibilities under an Act.

1.15 Some authorities would argue that a uniform set of guidelines would not be practicable given the different functions and size of authorities but the Committee

Equal Employment Opportunity

Authorities) Act 1987, s9(4)

Ibid. , s 8 ( 1 )

Ibid. , s 9 ( 1 ) ( a )

(Commonwealth

does not see this as a problem. Where guidelines are not applicable aN/A and possibly a brief explanation would suffice.

1.16 It should be noted that the Joint Committee on Public Accounts is currently conducting an inquiry into the annual reporting guidelines for statutory authorities. The Committee conducted its first hearing on 21 November 1990 and expects to report in the Autumn Session 1991. A copy of the Committee's terms of reference are included at Appendix 5.

PARTICULAR ISSUES ARISING FROM TilE COMMfiTEE'S REVIEW

Timeliness of Reports

1.17 Paragraph (6) of the Senate resolution of 14 December 1989 states 'That each Committee investigate and report to the Senate on any lateness in the presentation of reports, having regard to the list provided by the President under paragraph (1)'7, see Appendix 1. Five of the reports the Committee examined were tabled late, ranging from

1 sitting day late to 24 sitting days late, see Appendix 4. However, despite stating that either the letters NP (for reasons not provided) or the date that a reason for late tabling was given would be included, this was not the case.8

1.18 The Committee contacted all five agencies requesting details concerning late tabling, for incorporation in the Committee's report. This not only provided the agency with a right of reply but also highlighted some of the problems associated with the issue of timeliness9â¢

1.19 Reasons given for late tabling were:

unavoidable delays with printing

the above reason led in 1 instance to the Minister granting an extension of time for tabling the report but the 1990 election resulted in the report being nevertheless tabled late

the Department of Prime Minister and Cabinet determined that reports would not be tabled on 22 December 1989

the agency realised its report did not conform to the guidelines and redrafted sections after lengthy discussions with their auditors

Journals of the Senate, 14 December 1990, pp. 2377-2378.

See Appendix 6

See Appendix 7

1.20 The Committee agrees that confusion exists concerning the criterion used to determine if a report has been tabled late. It believes most of the above reasons would be eliminated if Parliament knew the exact date the report was transmitted to th e Minister. At present the date of transmittal merely indicates the date on which th e Chairman or President of the agency signed the annual report, rather than the date the report was actually transmitted to the Minister10 â¢

Contents Pages and Indexes

1.21 As stated in the Committee's previous report, June 1990, contents pages and indexes are the first point of reference when attempting to locate information. Unfortunately, most of the reports' contents pages did not go far enough in providing a clear and easy reference for accessing information. There were also examples of incorrect page-numbering in contents pages, no page-numbering in contents pages and even an example of no contents page at all! The information in most instances was there but was found by laboriously flicking through the report. The Automotive Industry Authority, presented a very good example of how a contents page should be set out, see Appendix 8. The Annual Report of the Director of Safeguards was the only report to include an index. In the case of small reports an index is not warranted, but the Committee believes an index is essential for all reports over 20 pages.

1.22 The Committee reiterates its desire for all organisations to comply with the request to include a checklist reflecting the guidelines. The Committee congratulates The Automotive Industry Authority's report for their compliance, see Appendix 9. The checklist should comply with the guidelines and indicate:

whether in the Authority's view, the guideline or part thereof has been covered and where in the report;

if the guideline, or part thereof has not been covered, why it has not been covered, for example if:

the information is contained in the Department's Annual Report or an associated body's Annual Report

nil return 1990-91

not applicable to the organisation

information incomplete

omitted due to error or decision

See Appendix 6

Presentation

1.23 Format plays a major role in the accessibility of information to the reader. Most reports took considerable care with layout and style, though in a few instances information was difficult to find, for example staff was placed under the heading 'Membership'. Senior executives were not always cited as such under a separate heading and it was not always possible to differentiate this group from staff in general. This information must be clearly set out.

Financial Statements

1.24 A vital aspect of the annual reporting of all organisations is the availability of their financial statements including the Auditor-General's certificate relating to their operations. Apart from the Annual Report of the Director of Safeguards, reasons for absence of financial information was not given by several authorities on the basis that the relevant Department would present these details in its Annual Report. The Committee does not dispute this approach but recommends that in future all authorities clearly state in their report where the information can be found and why. It is also recommended that where a Department decides to publish an authority's financial details in its own Annual Report that it be done clearly with all figures presented consecutively, to avoid tedious and unnecessary cross-referencing. Such figures should include the cost of providing services to the authority, in instances where the department or a related body provides the administration. Remuneration for the Membership of an authority should also be clearly set out and not merely included in running costs.

Staffing

1.25 All authorities should include a separate identifiable statement on staffing. This includes authorities whose secretariat is provided by an executive department or related body. In some cases, information on staffing, particularly senior executives, was listed under membership. Where no senior executives are employed by the authority a 'nil return' or 'N/A' should be included. The method of setting out staffing information could also be improved upon. The Australian Industrial Registry provided one of the better examples of listing staffing levels11 â¢

REVIEW OF SELECfED REPORTS

1.26 In keeping with the object of this report to highlight good reporting practices, the Committee identified four reports that it considered worth noting. Those chosen were the reports from the Anti-Dumping Authority, the Automotive Industry Authority, the Horticultural Research & Development Corporation and the Australian Wheat Board. The Committee also comments in this section on the reports of The Conciliation and Arbitration Commission and the Industrial Relations Commission.

See Appendix 10

Anti-Dumping Authority Annual Report 1988-89

1.27 As observed by Senator Brownhill, this report is "a mine of inforrnation"12. He commended the Authority for "its simple, understandable and educational report"13.

1.28 The Anti-Dumping Authority was established on 1 September 1988, and this was its first report. The first two chapters explained the principles of dumping, under what circ*mstances the Government wjll take action against dumping and the forms that anti-dumping action may take. The difficulties involved in assessing instances when anti dumping action should be enforced are also outlined.

1.29 The background to and reasons for the creation of the Anti-Dumping Authority are given in chapter three.

1.30 The powers, functions and objects are clearly stated as are staffing and financial information. Concern was raised by Senator Brownhill about the increase in the staffing level from three staff on 1 September 1988 ( the Authority's commencement date), to 12 staff by 30 June 198914â¢ The Authority explained that it was never intended for the staffing level to remain at that of its commencement date and that they now had their full complement of staff. Senator Brownhill added that there had been a "temporary secondment of two Customs officers as well" 15â¢ The Authority has stated that the seconded officers are included in the total current staffing level, not in addition to it.

1.31 Information was also provided on staff development and training. The use of consultants and EEO were also cited.

1.32 Although there was no auditor's certificate, it was implied that the Authority's financial statements would be covered by the audit of the departmental annual report. The exact nature of this arrangement should be made more explicit.

1.33 Finally, reports on matters referred to the Authority in 1988-89 were summarised giving details on the outcome of the cases.

1.34 An information officer and contact number were also provided.

Se nate, Hansard , 16 May 1990, p. 500

I bid.

Ibid.

Automotive Industry Authority Annual Report 1989-1990

1.35 This was the sixth Annual Report of the Automotive Industry Authority. The report was prepared in accordance with statutory authority reporting guidelines and supplemented where appropriate by departmental reporting guidelines.

1.36 The Authority is to be congratulated for taking note of the Committee's comments and recommendations in its June 1990 Report.The Authority's report is of a high standard.

1.37 Most importantly the Contents page clearly reflected all the guidelines and together with the provision of a checklist made the access of information relatively easy.

1.38 All information was well presented, being clearly set out under bold headings. Where a particular guideline did not apply to the authority a 'N/A' was inserted.

1.39 The objects and functions of the authority were set out in detail and in point fo rm, as were the powers of the Minister. The Committee felt the section outlining performance was a little too general and would have benefited from specific examples showing how performance was related to the stated objects. Nevertheless this was a good

report containing much information.

Horticultural Research & Development Corporation16 Annual Report 1988-89

1.40 As with the Anti-Dumping Authority Annual Report, this was the HRDC's first annual report. It was both clearly presented and informative.

1.41 Details on the background to and funding for the HRDC were included, as well as appropriate information on its activities and administration.

1.42 Membership details, including contact numbers were provided, although there was no indication of terms of appointment.

1.43 Two areas of the report in particular stood out, those being the FOI statement and information detailing progress with R&D projects funded in 1988-89.

1.44 The objectives, functions and powers of the HRDC as well as ministerial powers were clearly stated.

1.45 Although indicating that the HRDC had an established EEO policy, this was not elaborated on.

1.46 Financial statements and an auditor's certificate were also included.

To be cited as HRDC

Australian Wheat Board Annual Report 1988-89

1.47 The Australian Wheat Board's annual report was excellent in terms of content and presentation. They did not restrict themselves to merely reporting under the statutory authority guidelines but included wider information such as required under departmental guidelines. We commend this approach as it resulted in an annual report which reflects the growing awareness for authorities to provide greater detail on their operations.

1.48 The report began with a clear and concise summary of the Board's history. It made good use of tables and charts to illustrate for example performance, various programs, the organisation of the Board and staff turnover. Their financial statements contained clear and detailed accounts of running cost involved in the operation of the Board. The Wheat Board was one of the few authorities to give a detailed and necessary break down of their administration expenses, for example the Chairman's salary and allowance, Board members' fees and allowances, operating lease rentals, loss of sales on fixed assets, postage and telephone costs, and superannuation details.

1.49 An index or a more detailed contents page would have enabled readers to access information quicker, for instance avoiding the need to browse through the report for the section on equal employment opportunity.

Thirty-third Annual Report of the President of the Australian Conciliation and Arbitration Commission, and the First Annual Report of the President of the Australian Industrial Relations Commission

1.50 The Industrial Relations Act 1988 established the Industrial Relations Commission. Some confusion exists on the Commission's part as to whether or not it is a statutory authority. In terms of the Committee's reference from the Senate it is a statutory authority. The Commission made no effort to comply with the reporting guidelines for statutory authorities nor with the guidelines for non statutory. bodies. The reports only contained details on the work of the Commission, lists of membership of the Commission and of matters lodged with the Commission. As a report to Parliament on its operations this is clearly inadequate.

1.51 The Commission did not report on the powers of the responsible Minister, the terms of membership of the Commission, staff or financial statements. After some lengthy discussions and research it was discovered that the Australian Industrial Registry reported some of these matters on the Commission's behalf. The Committee accepts that the Registry was set up to provide administrative support to the Commission, including financial responsibilities, but sees no reason why these details cannot be included in the Commission's report or at least some reference be made as to the relationship between the Commission and the Registry and where the detailed information may be found.

1.52 Given both its own financial responsibilities and those it undertakes on behalf of the Commission, the Registry's report revealed little about the expenditure of $7,764,895 from Consolidated Revenue. Expenditure from the Annual Appropriations requires further elaboration. The full costs of the Commission must be set out as well as

a breakdown of the financial arrangements for the Registry. The financial statements in the Annual Report for the Department of Industrial Relations did not provide a breakdown of the Commission's financial arrangements.

1.53 In its examination of annual reports the Committee's fundamental requirement is operational and financial information. To the extent that the guidelines are met this requirement should also be met. The Commission and Registry reports have not satisfied the requirements. Two issues emerge from the examination of these two reports. First, if information about an authority's activities is contained in any other report then it must be explained and cross-referenced in both reports. Second, guideline requirements must be met even when reports are cross-referenced to another report. In this circ*mstance at least summary detail should be provided to allow the report to provide a more complete picture of the year's activities.

1.54 When examining reports the Committee is seeking relevant operational and financial information using the guidelines as a framework. In stating this requirement the Committee stresses that information must be relevant to the aims of an annual report. Reports should not contain excessive detail or material of a promotional nature which makes it harder to find basic operational information.

OTHER REPORTS

1.55 Four reports did not fall into the category of statutory authorities. One, the Australian Industry Development Corporation Equal Employment Opportunity Annual Report 30th June 1989 was referred to above17â¢ Two were reports on the operation of Acts while the last was a report on a company limited by guarantee. These final three

have been summarised briefly below.

Operation of Acts

1.56 Two main issues have arisen from the examination of reports on the operation of Acts.

1.57 First, the lack of reporting guidelines in this area and second, a matter that has arisen in regard to other reports, that being the inclusion of an auditing statement. These matters have been addressed briefly below.

Operation of the Fishing lndustty Research Act 1969

The Fishing lndustty Research Act 1969 established the Fishing Industry Research Committee and the Fishing Industry Research Trust Account. The Committee was disbanded on 26 December 1987, and its role taken over by the Fishing Industry Research and Development Council established under the Fishing lndustty Research and Development Act 1987. The Trust Account will

See paragraphs 1.10 - 1.12

continue until such time that the Fishing Industry Research Act 1969 is repealed and all outstanding matters concerning the finances of the Trust Account have been finalised.

It should be noted that there is no transitional legislation linking the granting schemes under the Fishing Industry Research Act 1969 and the Fishing Industry Research and Development Act 1987.

This report is confined to providing information on projects that received funding from the Fishing Industry Research Trust Account during the 1988-89 financial year.

There was insufficient information provided on the performance of projects funded through this Act, although the report should be commended for providing contact numbers for the various projects. The objectives are clearly stated for each and then follows some background to the projects. This, however, proved on the whole to be a reiteration of the objectives.

For reasons not apparent from this report, no explanation was provided for the variability of the allocation of funds for the reporting and previous years. For example, for Project 86/63: ASSESSMENT OF THE CRAB FISHERIES IN NEW SOUTH WALES, there is no indication as to why it received a grant of $122,499 in 1987-88, while only receiving $35,962 for the 1988-89 period. Another matter of confusion is illustrated in Project 86/lO:F ACTORS AFFECTING THE TOXICITY OF THE DINOFLAGELLATE, GAMBIERDISCUS TOXICUS AND THE DEVELOPMENT OF CIGUATERA OUTBREAKS, that being a grant of $22,900 in 1987-88, but a carry-over of $29,673 for 1988-89. It is possible to surmise the reasons for variability of funding and carry-overs. However that is not the point: the reasons should be clearly explained.

The question of auditing of the Trust Account's financial statements should also be addressed. Although the report states that the administration of the Trust Account is carried out by the Australian Fisheries Service, it would be helpful for a statement to be made about the location of an Auditor's certificate. In this case, the certificate would appear in the Annual Report of the Department of Primary Industries and Energy. It would be acceptable if the reader's attention could be drawn to this fact should a copy of the Auditor's certificate not be included in the report.

Operation of the Fishing Industry Act 1952

Although brief, this report stated clearly how the Trust Account was established, its purpose, who handles the administration of the account, the Minister's responsibilities with respect to the operation of the Trust Account, information guidelines used to assess applications for funds as well as requirements for successful applicants to provide progress and financial reports. A short summary on the background to projects granted funding in 1988-89 was

included, as well as progress reports on two ongoing projects. Financial statements, though not an Auditor's certificate, were also provided.

Annual reports on the operations of acts are not covered by existing guidelines. For the acts commented on above, administrative support is provided by the relevant department. Any guidelines developed would need to recognise and reveal that support. In addition, the Committee recommends that the following minimum level of information be provided:

object or purpose of the Act Minister's responsibilities and powers performance in terms of objectives relevant financial and operational detail cross-referencing to relevant sections of the departmental annual report.

Advance Australia Foundation Annual Report 1988-89

1.58 The Advance Australia Foundation, a company limited by guarantee incorporated in the Australian Capital Territory, is required to report under s18 of the Advance Australia Logo Protection Act 1984.

1.59 The Advance Australia Foundation Annual Report is not covered by specific reporting guidelines. The Act setting up the Foundation does set out certain reporting requirements all of which are met in the report. The Committee does not seek to recommend additional reporting requirements for the Foundation. Set out below are comments on aspects of the report.

1.60 The report stated the objectives of the company and the means by which it is achieving them. A review of its operations for 1988-89 detailed the progress of various campaigns and projects that the Advance Australia Foundation is involved with. The Directors' report also stated their view on developments they envisaged for the following financial year.

1.61 A list of the directors and their qualifications, experience and responsibilities was also included in this report. The number of employees was stated as well as the appropriation for personnel, but not elaborated on.

1.62 An auditors' report from Price Waterhouse Chartered Accountants was provided as well as a profit and loss account, balance sheet, a summary of sources and application of funds, notes to and forming part of the accounts, including a statement on contingent liability.

1.63 A review of licensing operations and list of licenses granted during the period July 1 1988 to 30 June 1989 were incorporated into the report.

100

OTHER ISSUES

1.64 Enabling legislation: This guideline was satisfied by all reports, except that for the Industrial Relations Commission. An example of one of the better presentations of enabling legislation was provided in the Australian Special Rural Research Council Annual Report 1988-89, a copy of which is attached at Appendix 11.

1.65 Responsible Minister: In all cases the responsible Minister was cited. However, not all reports dealt adequately with the Minister's powers or exercise of those powers. One example of where the Minister's powers were clearly stated was in the Horticultural Research & Development Corporation Annual Report 1988-89 (at Appendix 12).

1.66 Powers, Functions and Objects: These three issues were not dealt with adequately in all reports. In several cases two of the three were referred to but not the third. It is preferable that reports address these issues under clear and separate headings. A good example is provided at Appendix 13.

1.67 Subsidiaries: No authorities cited subsidiaries. Where an authority has none, a 'nil return' or N/A should be indicated.

1.68 Information Officer: Only a few reports omitted to provide any details concerning this guideline. Nevertheless, this is an area which needs to highlighted as some reports did not use the term information officer when citing an address and telephone number.

1.69 Operational problems: Only a few reports referred to operational difficulties. For example, the Australian Industrial Registry stated " .. .few operational problems were encountered".18

1.70 In the Horticultural Research & Development Corporation report, The Chairman indicated that: "The Corporation experienced a delay of nine months in securing the services of a suitably qualified Executive Director ... ".19 The vacancy was not filled until May 1989, during which time a former senior officer of the Department of Primary Industries and Ener;w acted in the position. It was also stated that "[i]n spite of limited financial resources" , the Corporation was able to take over the funding of various apple, pear and citrus research projects from the Australian Special Rural Research Council (ASRRC).

1. 71 The Oilseeds Research Council's Annual Report did not specifically mention any operational details. Nevertheless the Chairman's overview stated "Council will be expected to pay more for research because of the need of instituions to request support

Australian Industrial Registry-Annual Report 1 March 1989 to 30 June 1989, p vii

Horticultural Research & Development Corporation Annual Report 1988-89, p. 12

Ibid.

101

for infrastrucure/overheads; thus the number of projects it funds is likely to be smaller than it is today"21 â¢

1. 72 Authorities should use their annual reports to set out matters affecting their operations. The reports are not only about the activities of the reporting period but also a source of information, a review of future directions and an opportunity to highlight to government or client groups matters which will affect the attaining of their objectives.

CONCLUSIONS

1.73 This report has highlighted a number of matters which must be addressed. The more significant matters are:

revised guidelines for statutory authorities (raised in June 1990 Report)

a clarification of guidelines for the operations of Acts and companies limited by guarantee

incorporation within reports of a checklist that sets out compliance with the guidelines (raised in June 1990 Report)

the introduction of measures that would clearly allow the Senate to determine if a report was tabled late and where the responsibility lay. (Raised in June 1990 Report)

the need for reports to present all information required by the guidelines or alternatively to state where that information may be found (for example, financial or other information set out in the departmental annual report should be cross-referenced)

1.74 The Committee wishes to express its appreciation for the positive response it received when contacting authorities in the process of examining annual reports. This proved a useful way of clarifying the requirements of the Committee. Several authorities requested copies of the guidelines following this contact.

1.75 This contact also increased the awareness amongst agencies of the importance with which the Committee regards this matter. There is no doubt that the Committee's examination of reports in terms of accountability and other matters is resulting in more meaningful reports. While the Committee regards information required under the

guidelines as fairly basic, it has not been provided in reports examined. To date the Committee's approach has been to point to the shortcomings in as positive a manner as possible. To the extent that this basic information is not provided in all reports examined in the future the Committee will be asking some much harder questions.

Senator B.K. Childs Chairman

Oilseeds Research Council Annual Report 1988-89 , p. 1

102

Appendix 1

Senate Resolution on Annual Reports

103

Extract from JOURNALS OF THE SENATE

No. _ _ __ 218 .......... .. ... --- dated .. . lLDeccmb.er. .. U8.2. ___ _

ANNUAL Senator Hamer, punuant 10 Notice o(

Mohon noc objcc1ed to as a Formal Motion, moved-( I) That, in eccordanoc with recommendation 21 of tbc repon of the Sundina Commiucc on Finana and Public Administration on Tu oNI

(Jw-11/ily of AMwo/ R'pons, and the Prca:idcnt's acuptana of that rec.ommcndation. the President present to the ScMte in each year a list o( all anniW reporu presented to the Senate o( departmcnu. statutory authorities. bodies and companies. showina in of each

report the cbte required for presentation and the actual date of presentation. and any JUtemcnt of ru.sons pro"idccl to the ScMtt for the late presentation o( a report.

(2) That . the Chair of the . Committee on Financt and eublic

after obtarnâ¢na the aarccment of tbc cl\ain of the other

lcpslltivc and tcncral purpc:liK sundina common=. provide to the President. as soon as prtcticablc after the pass.a,.: of thl5 rt$01ution, a list showina. in respect of each annual rcpon presented to the Senate of a department, sututof") autllonty. non-statutory body and company, the st.and>na committee

to '*'hiCh the annual rcpon should be referred a.nd that the chaoB pro,idc to the President amendments to that lost the clwB consider ncces.sary or desirable. ha vina reprd to the list presented by the President under plrlJTlph (1). ( 3) That annual rcpons be rcferTcd to the sund>n& c:ommittccs. and the

"'csident fonoud the reports to the commlll=. in acconiana with the hsu pro\'1ded under (2) .

( 4) That. on acwrdanu ""ith rCGOmmcndation 27 of tbc report referred to in partJTlph (1). each committee examine each annual repon referred to it and rcpon to the Senate ""hetber the report is apparc11tly satisfactory. ( That each comm>ttee consider in more deuil. and repon to the Senate on.

each annual repon ""hi<:h is not satisfactOf)'. and on the other

annual reports '*hich it selecu for more detailed considera!JOII. (6) That each commiuec investipte and report to the Senate on any lateness in the prcscnt.atlOil of reports. ha"ina reprd to the list provided by the l'rnidcnt under paragraph (I). (7) That. in c:onsiderina an annual rcpon, a committee ultc into ac:wunt any

relevant remark! about the report made in 111 the Senate.

(8) That the reports ans>na out of commiuees' c.onsâ¢derttion of nepons bt made once in each period of sittinp, and dra,. to the attention of the Senate any sicnificant matters relatina to the opcrttions and performance of the bodies rurnishina the reports. ha,ina reprd to the rnatten set out in the repon referred to in (I), partp-aphs 6.21 to 6.25

of that repon. (9_) That the Chair of the Standina Committee on Financt and Public

Administrttion, after consultina with the chairs of the other standina com mitt=. havina rep rd to the list of statutOf)' authorities, bodies and maintajncd by the Standin& Committee on Finance

and Public Administratoon, present to the ScMte each year a nepon inc!icatin& ,.hether there arc any bodies ,.hich do noc present annual repons to the ScMtc and which should present such rcporu. Questioa put and pwed.

104

Appendix 2

List of Annual Reports by Department

105

LIST OF AHHOAL REPORTS BY DEPARTXEM'l'

DEPAR'l'MEHT OF INDUSTRIAL RELATIONS

Australian Industrial Registry March 1989-June 1989 *

Australian Conciliation and Arbitration Commission 14 August 1988-28 February 1989 Australian Industrial Relations Commission 1 March 1989-30 June 1989

Remuneration Tribunal 1988-89 *

Stevedoring Industry Finance Committee 1988-89 *

Corrigendum: DIR Annual Report 1988-89

DEPARTMENT OF INDUSTRY, TECHNOLOGY AND COMMERCE

Anti-Dumping Authority 1988-89

EEO (Australian Industry Development Corporation) 30 June 1989

Automotive Industry Authority 1989-90

Industry Research and Development Board 1988-89

Safety Review Committee 1988-89

Advance Australia Foundation 1988-89 ?

DEPARTMENT OF PRIMARY INDUSTRIES AHD ENERGY

Australian Horticult ural Corporation 1 August 1988-30 June 1989

Australian Meat and Live-stock Corporation 1989-90 ?

Australian Special Rural Research Council 1988-89

Australian Safeguards Office 1988-89 ?

Australian Tobacco Board 1989

Australian Wheat Board 1988-89

Cotton Research Council 1988-89

10 6

DEPARTMEN'l' OF PRIMARY INDUSTRIES AND ENERGY cont 'd

Dried Fruits Research Council 1988-89 ? undated

Fishing Industry Research and Development Council 1988-89

Grain Legumes Research Council 1988-89

Honey Research Council 1988-89

Horticultural Research and Development Corporation 1988-89

Murray-Darling Basin Commission 1989 ?

Northern Territory Fisheries Joint Authority 31 December 1989 ?

Oilseeds Research Council 1988-89

Pig Research Council 1988-89

Protected Zone Authority [Torres Strait Fisheries] 1989

Research Councils' Selection Committee 1988-89 *

Wheat Research Council 1988-89

Operation of t.he Fishing Industry Act 1956 - Annual Report 1988-89 Operation of the Fishing Industry Research Act 1969 - Annual Report 1988-89

Corrigendum: DPIE Annual Report 1988-89

* Tabled late ? Not listed in President's Report

107

Appendix 3

Summary of Guidelines

108

MONITORING OF ANNUAL REPORTS - STATUTORY AUTHORITIES

Name of authority or officer:

Dates transmitted: tabled:

Enabling legislation cited:

Powers, Functions and Objects:

Responsible Minister, powers, exercise of powers:

Members, terms of appointment:

Staff - listing of senior executives: - staff numbers, basis for staffing: - information officer:

Financial statements:

Auditor-General's Certificate

Principal proqrams, activities - objectives: - performance: interaction with other agencies: - publications:

Operational problems:

Subsidiaries: Index:

General comments:

109

Appendix 4

Table of Compliance with Guidelines

Statutory Authority

Reporting Guidelines

Name of Authoritv or Officer

Date Transmitted

Date Tabled

Enablinq Leqislation Powers Functions and Obiects

' Responsible Minister

i.: J

c "[

- - J .... !.' ·L

- .... -:t. .,'1 ..r. ... ) -"' "' ) ? ;...) ·= t.. - { ;' ' o) . . :

' r'

r- r

' J

r ;: J

-L .;-

-6

, ( I

t.t} t!.

(" .-- r

)

·uc ,_ z.

Powers, Exercise of Powers 'X X >< X V v ./ ../ ../ v ./ X ./ v

Members ../ / -./ v"' / / / ../ V v / ../ X ../

Information Officer v' X X v / ../ ./ ../ >( ../ / / .../' v'

Financial Statements ../ X X ../ V' ../ / X X / ../ / v ./

Auditor-General's Certificate v' X X X. v >( ../ >( X ../ v X v' ../

Principal Proarams: Obiectives ../ v V V v v v v ./ ../ ,/' ./ ../ X'

Principal Proqrams: Performance ../ X X ...,/ / ./ .../ .../ / ./ ,/" ./ v .._,/

Interaction with Other Aqencies / X X >( ../ v ./ v ../ ../' 'X ./ / /

Publications ../ X X v / ../ v )( X v' ./ ./ / >(

Operational Problems ../ )< X X X >( !'VA ./ X >( X X >< X

Subsidiaries X X X X. X )( N/A. >( >( >( >( >( X )(

' Index >< x X X )( .X. N/A >( X X X >( v""" X

Statutory Authority Reporting Guidelines

Name of Authority or Officer

I Date Transmitted Date Tabled Enablina Leaislation Powers. Functions and Obiects

Responsible Minister

·t: t- D

/:_ -1.

-.."' ::t

Powers. Exercise of Powers ../ >< >< /x

Members

Terms of Appointment ./ ./' >( X ./' / X X V ./ V X ./ v

Financial Statements ./ ./ / ./' V v ./ / t-1/A v"' ./ / tJ/A /

Auditor-General's Certificate v X X X X >< ./ v N/A >< X

Principal Proarams: Obiectives v ../' / \/"' ../' V"' ../' v v ./' ./

PrinciPal Proqrams: Performance ./ V"' .../' v v v / / .,/' v v

Interaction with Other Agencies X / >< >< )( / ./ X X v >(

Publications V' 1( / / X X ./ / X V >( X v

Operational Problems X X X >< X >< ./' X X X X

Subsidiaries ')( X >( )( X )< X )< X X X ')( X ><

Index X X )( X X X X )< X X )( X X ;<,

112

Appendix 5

Terms of Reference for inquiry into reporting guidelines for statutory authorities: Joint Public Accounts Committee

11 3

ANNUAL REPORTS OF STATUTORY AUTHORITIES - REPORTING GUIDELINES TERMS OF REFERENCE

The Committee is to inquire into the development of revised guidelines for reporting by statutory authorities.

A recent review by the Senate Standing Committee on Finance and Public Administration indicated there was scope for enhancement of the type, volume and timeliness of information reported by statutory authorities in their annual reports. In evidence

presented to the Committee it was stated that:

the guidelines for statutory authorities were outdated and inadequate;

the guidelines had not been reviewed since they were first drawn up;

statutory bodies frequently do not report adequately on their use of human resources and staff development performance and needs; and the guidelines should be reviewed on the light of

recent developments to improve the efficiency and accountability of statutory authorities .

Guidelines for annual by statutory authorities have not

been reviewed since they were introduced in 1982. The Committee's inquiry will examine, report and make recommendations with a view to obtaining maximum benefit from the experience the Parliament, authorities and other interested bodies have gained through the

regular production and use of annual reports since the current Guidelines were introduced.

Particular aspects which will be addressed include: timeliness of reports and methods for reducing the time required to produce reports;

relevance of the contents.of annual reports, with an emphasis on the relevance and methods of measurement and reporting, of achievement of non-financial objectives;

accuracy of information and methods of enhancing and ensuring the accuracy of information; and

accessibility of information contained in annual reports in terms of layout, use of indexes and avoidance of excessive bulk.

In conducting this inquiry the Committee will place emphasis on the meaningful reporting of performance of the tasks for which a uthorities exist.

114

Appendix 6

Introduction to President's Report on Annual Reports, August 1990

115

PRESIDENT'S REPORT ON ANNUAL REPORTS

INTRODUCTION

On 14 December 1989, the Senate passed a resolution relating to the consideration of annual reports. Paragraph (1) provided for the presentation each year of ' ... a list of all annual reports presented to the Senate of departments, statutory authorities, non-statutory bodies and companies, showing in respect of each report the date required for presentation and the actual date of presentation, and any statement of reasons provided to the Senate for the late

presentation of a report ... '. This is the second report presented to satisfy this requirement.

The report lists alphabetically all reports of a periodic or annual nature that were tabled in the Senate during the Autumn sittings of 1990, together with the information required by the resolution. A brief explanation of the information follows .

Reporting requirement

The Act and section of the Act that impose on an agency a requirement to repon periodically to the responsible Minister may be found against the heading 'Tabling statute and section '. The ' Reponing deadline to Minister' shows the deadline by which the report is to be provided to the Minister. The relevant provision in the statute usually stipulates '... as soon as

practicable after [a specified date] .. .'. If a date or period has not been nominated, then the reponing deadline is fixed by the Acts Interpretation Act 1901, as follows:

34C (2) Where an Act requires a person to furnish a periodic report to a Minister but does not specify a period within which the report is to be so furnished, that person shall furnish the report to the Minister as soon as practicable after the end of the particular period to which the report relates and, in any event, within 6 months after

the end of the particular period.

An asterisk (*) has been used in this report to identify reponing deadlines fixed under the Acts Interpretation Act 1901 .

Tabling requirement

Most Acts require that the Minister shall cause a copy of the report ' ... to be laid before each House of Parliament within 15 sitting days of that House. after having been received by the Minister ... ' . However, some Acts, while including the tabling provision, do not specify a deadline. In these cases, the Acts Interpretation Act, 1901 provides for the tabling deadline :

34C (3) Where an Act requires a person to furnish a periodic report to a Minister for presentation to the Parliament but does not specify a period within which the report is to be so presented, that Minister shall cause a copy of the periodic report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.

Again, an asterisk is used to identify tabling deadlines fixed under the Aces Interpretation Act 1901 .

116

Audit Act 1901

Many agencies ' reponing provisions are found in sections 63H or 63M of the Audit Act 1901. These provisions require a Minister to have a report tabled in each House within 15 sitting days of the receipt of the report. Agencies which are rc:1uired to table pursuant to the provisions of the Audit Act 1901 are denoted by a hash (#) next to the tabling statute and section.

Late tabling

In the first President's Report on Annual Reports it appeared that 30 reports had been tabled late. In effect, subsequent investigation by the Senate Standing Committee on Finance and Public Administration indicated only one report had been late. The discrepancy arose from the method used to calculate late tabling.

The 'Date of transmittal to a Minister' in the first report was taken from the letter of transmittal to the Minister which is included in most annual reports. This date, and the date of tabling, were used to determine if a report had been tabled late. If the letter of transmittal was undated there was insufficient data to complete the category entitled 'Report late'. If the date of the letter was shown oniy as a month, the date of transmittal to the Minister was taken

to be the last day of that month and the 'Report late' entry was calculated accordingly.

As mentioned earlier, the resolution of the Senate of 14 December 1989 requires that the President's report should show for each report the date when it should be presented and the date it is actually presented. At present, the date for presentation can be calculated only as described above. This raises a difficulty because the date on the letter may not be the date when the report was actually furnished to the Minister. There may, for example, have been a delay in the printing of the report. The Senate Standing Committee on Finance and Public Administration has recommended to the Government that copies of letters of transmittal accompanying annual reports should be sent to the Clerks of each House at the same time as they are sent to Ministers. If this were done, the problem of assessing the timeliness of reports would be overcome.

While the approach taken to calculate the due date in the first report may have caused some unnecessary work for Senate Legislative and General Purpose Standing Committees in that some reports which were not late were identified as being so, this is better than allowing genuinely late reports to go unidentified. In the absence of more complete information, the methodology used in the first report has also been used in this report.

Reasons for late tabling

Details from subsections 34C(4) and (5) of the Acts Interpretation Act 1901 may be found against the category 'Reason(s) for late tabling'. The Act provides that an organisation should seek from a Minister an extension to the reporting deadline if the deadline cannot be met. Subsection 34C(6) provides that a Minister, if granting an extension:

117

(a) ... shall cause to be laid before each House of the Parliament, within 3 sitting days of that House after the day on which he grants the extension, a copy of the statement furnished pursuant to sub-section (4) in respect of the application together with a statement specifying the extension granted and his reasons for granting the extension;

(b) the person who made the application shall furnish the periodic report to the Minister within the period as so extended; and

(c) the Minister shall cause a copy of the periodic report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he received the report.

If a repon has been tabled late (i.e. after the tabling deadline) then the reasons for the extension are shown. Where a Minister has failed to furnish a statement of reasons to each House of the Parliament, this is inJicated by the initials 'NP'. If reasons have been tabled, the date of tabling of the reasons is also shown.

Reference of reports

The repons of depanments, statutory authorities, non-statutory bodies and companies have been referred, pursuant to paragraph (3) of the resolution of 14 December 1989, to the standing committees nominated in the list provided by the Chair of the Standing Committee on Finance and Public Administration. The relevant committee will investigate and report on

the apparent lateness of the reports listed in Appendix A.

Summary of s)·mbols

# reports pursuant to provisions of the Audit Act 1901.

* deadline determined pursuant to provisions of the Acts interpretation Act 1901.

NP not provided.

** apparently transmitted late to Minister.

118

Appendix 7

Correspondence regarding late tabling of reports

119

COMMONWEALTH DEPARTMENT OF PRIMARY INDUSTRIES AND ENERGY

EDMUND BA"iTON Bu lL() ING . BAR TO,_ AC

Mr Robert Diamond Secretary Senate Standing Committee for Industry, Science and Technology

Parliament House ACf 2600

Research Councils' Selection Committee - Annual Report 1988-89

Dear Mr Diamond

I understand that the Research Councils' Selection Committee Annual Repon for 1988-89 was tabled in the Senate on 16 May 1990; one sitting day late .

A final draft of this repon was submitted to the Department of Primary Industries and Energy (DPIE) on 4 December 1989 and forwarded to the Australian Government Publishing Service (AGPS) for printing. Owing to th e demands place upon the AGPS at that time the report was not printed in time for tabling prior to parliament rising on 22 December 1989.

The Chairperson of the Research Councils' Selection Committee, Dr Mcinnes, wrote to the Minister for Primary Industries and Energy on 12 Decembert989 (see attachment A) seeking the Minister's approval for an extension of time in which to table the report. The Minister replied to Dr Mcinnes on 10 January

1990 granting an extension until31 March 1990 (see attachment B).

While the Department of Primary Industries and Energy endeavoured to ensure the timely delivery of this report. the election in March 1990 meant that the was fally tabled on 16 May 1990.

I / JW Tilley -- r Assistant Secretary Energy and Research Policy Branch Corporate Policy Division 7 December 1990

120

The Hon John Kerin Minister for Primary Industries and Energy Parliament House

CANBERRA ACT 2600

Dear Mr Kerin

I refer to the the 1988-89 Annual Report of the Research Councils' Selection Committee, the final draft of .which I enclose.

The Report has been completed and is presently with your Department for printing arrangements to be made with the Australian Government Publishing Service (AGPS). The Department has advised me, however, that owing to the current commitments of the AGPS, printing of the Report will not be

possible in time for tabling it in Parliament prior to the end of this year.

In view of this, I seek your approval to an extension of time

to enable tabling of the report by 31 March 1990.

Yours sincerely

Peter Mcinnes

121

'wii NISTER FOR PRIMARY INDUSTRIES AND ENERGY

HE HON. JOHN KERIN, M.P.

Dr Peter Mcinnes Chairperson Research Councils' Selection Committee

GPO Box 858 CANBERRA ACT 2601

Dear

Parliament House, Canberra ACT 2600 Telephone (0621 77 7520 Facsimile (0621 73 4120

Thank you for your letter of 12 December 1989 in which you seek

my approval for an extension of time in which to present the 1988-89 Annual Report of the Research Councils' Selection Committee.

I accept that the commitments of the Australian Government Publishing Service are beyond your control, necessitating an extension until 31 March 1990 to have the Report tabled. Yours sincerely

John Kerin

AUSTRALIAN INDUSTRIAL REGISTRY

Our Rd'. :

Your Rd'.:

Mr Robert Di amond Secretary

PRJNClPAl REGISlllY

Senate Standing Committee Industrial Science and Technology Parliament House CANBERRA, ACT 2600

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1 MARCH 1989 TO 30 JUNE 1989

Your office requested that I confirm in writing the reason the a bove Annual Report was not tabled until 3 days after the due date .

The reason the Report was not tabled by the due date was a delay wi th

the printing process . The f i nal proofs of the Report were cleared 30 November 1989 with delivery to the Tabling Officer in the Department of Industrial Re l ations antic i pated on 18 Decembe r 1 989 .

/£d ./:££{ MIKE KELL7 EXECUTIVE DIRECTOR CORPORATE SERVICES 7 December 1990

I'Oauru Hou ... 80 Cotims Me lbourne. G.P.O. Box 19945. Melbourne, Vic. 3001 F:t x· ·{' 11 ,;.r.,r .C. J- :" A, .1., l 't "- 1 .... "'q

123 u l NJ]. .UILDING 1‘ IIISIANE AVINUE IAI'ON

ACY

[Eh 61627257770uuuuAuouu)o-062725771

SAFEGUARDS FAX: 616 272 4901 (mu-unouum. 06 272 4904

OFFI E 'ELEX: M290

Penal Addltu: PO IOX UM QUEEN VICTORIA VERRACE AC1 2600

gym to NuCLfiM Nomrnourtunow

10 December, 1990

"mm" asc 30/9

H: Robert Diamond

Sacretary

senate standing commtttoo on Industry, acioneo & Tochnology

Department of the Bonito

Pu: Lamont Haul.

ACT 2600

ATTINTION: HI Htriua Rueda.

Copy: DPIE Mini-torial Co-otd. & Bocrotarint acction

Dear Mr Diamond

ac n or A u 303' ANNU a RT 988 - e9

1 refer to your HI Ruedll' tolephone conversntions of S G 6

Mcember 1990 with Ms J Muir and H: R Hord- of thin Office Concerning the data

oftlbling o! my 1938-89 Annual liporc.

Tho circum-t-ncou rolnting to the timing or tnb1ing or this

Report an ad follow”

1) Al I underltgnd it, the problem you so: with the tabling date arise-

becauae the letter of transmittal in th- front or the Report was dated 31

October 1969, but the Report was not tabled until 9 May 1990, 1.9. more

than 15 sitting day: nfcoz 31 October 1999.

2) The letter of transmittal, which of necessity had to be provided to the

printers ahead at the actual transmittal data, wan dated 31 October 1989

on the bani-«of advice that the printed Report vauld have been ready by

then. The nleornativo wan to have 1-1: tho lotto: undated, which perhaps

your Committee might ccnaider profertblo.

3) Printing of the Report wan nub-tantially dalnyod, and it was not

received from the printers until late December 1989. on 20 December I

forwArdad a printad copy of the Report to the Hinistor, recommending that

he tlblc it in Parliament (Attachment A). The co-ordinltion G

secretariat auction or the Department of Primary Indultriol c Energy

(0P1!) had informcd m. that I had until 31 Decembcr 1989 to complete

Itep (refer Attachment B — Tablinq Guidelinou).

this

4) The Mini-tor accepted my recommendation to tabla the Report on 21

Dacembor 1989. The report wan to have been tabled on the next day,

Friday 22 December $989.

124

5) I then oral advice that the Department of Prime Miniater &

Cabinet had taken a laat minute deciaion not to table anf reportâ¢ on Friday 22 December 1990. Aa a Repore could not be tabled

ae planned. I waa adviaed, however, that I had diecharged my statutory obligationâ¢ in relation to the tablin9 of the Report. An Officer from DPII'e Parliamentary section had aleo aaid ehe would aeeume reaponaibility for the remaining etepa to enaure the Report waa aubeequently tabled on either the firat aecond eitting dey of 1990, i.e. either 20 or 21 1990.

6) Subaequently the Prime Miniater announced an election, and I aought and obtained the Minieter'a approval on 16 1990 to table the Report

out-ot-eeeeion (Attachment C).

7) Out-of-eeeaion diatribution wae carried out immediately upon receiv ing the approval, in full accordance with inatructionll ie .. uvd uy

DP I I'a Tabling Officer.

8) The Report waa aubaequently tabled in the Houee of Representatives on the eecond eitting day of 1990, i.e. 9 May 1990, and in the Senate on the

following eitting day, i.e. 10 May 1990,

I believe aubeection 51 (4) of the Nuc.lâ¢&r Non-ProJiJ'tlrllt.io/1

( S.; J'#9'u1trd1) Act J !l8? all owe for a period of 15 ei ttinq day a !rom the time a

printed eopy of the Report ia phyalcally lodvvd l>y th"' Miniater, to when it neede to be tabled. Any would be at

odde with the praeticalitiee of printing. In thia caae, after the

Report waa lodged and approved bf the it waa tabled on the third

aitting day in the Houee of and the fourth aitting day in the

Senate.

I took every .atep within my power to fulfil my obligationâ¢ in a tim .. ly manner and it ie aome matter of concern to me if the Preaident'â¢ Report On Annual Reportâ¢ employe a methodology that wrOI\Ijjly identifiea my ae beinQ lau.

If thie ia the way the preaent methodology operateâ¢ in practice, I suggest that it be reviewed and that the date upon which a printed copy of a

report ia furnished to, and accepted by the relevant Minieter aa suitable for · tabling, be deemed aa the beginning of the Tabling Requirement period.

Perhape you mi9ht adviee me if the letter of reproduced in future Reportâ¢ ahould be left undated.

Youra aincerely

earl eon Director of Safeguardâ¢

125

A '1' l A C II 1:: N T " C "

Oepartmtnl of Primary lnduslries & Energy

AUSTRALIAN SAFEGUARDS OFFICE P.O. SOX KX261, Kings Cross, NSW 2011.

Our Reference ASC 30/9

MINISTER

Telex: M171151/208$7

Facsâ¢mile: (02) 35& 1255

Caole: l'ortlgn lor ASO

Your Rwfvrenc.

9003922 16 rabruary, 1990

AUSTRALIAN SAFEQUaRP5 OFFICE ANNUAL

Purpose: To â¢â¢â¢k approval to diatribute ASO'a 1988-89 Annual Report out-of-aeaal.on.

It had been proposed to table thia Annual on 20 Tebruary 1990, but aa

Parliament will now be aitting I â¢â¢â¢k your approval to diatriDute the Report out-of-aeaaion.

Director ot Safegu!rda

APPROVED/NeT-APPROVE& ( b I ')./90

JOHN !

Contact Officera Robert Herde Extensions 72 4504

"' ...

........ ._...... .

126

. ) \

OFFICE

PO. BOX KX261 , Kings Croas, NSN 2011.

ASC 24, 30/9

The Mini1ter eca for Raaourcaa

A§O ANNUAL !EPO!I 1988/89

â¢ _ . ... ,. â¢ â¢ - . .. . ,_,

Ttltx: M 17115 1- 1

FIIC$imilt: (02) 358 1255

C.ble: Foreign fOt ASO

'lbur Rer.renee

20 December, 19!

Purpoaea To convey to you the MO'e Annual foe 1988/ 8 9 and

to recommend that table the .r;epoct in Parliament.

Section 51(1) of the Nucleâ¢c Nonâ¢,colifâ¢câ¢tJon (Sâ¢feguâ¢r4â¢J Aot Jf8 requi reâ¢ that â¢the Director ahall, â¢â¢ eoon aa practicable after 30 June i n each prepare and furniah to the Kiniater a report in relation to t he

of the Dicector during that year."

A copy of my report for 1988/89 11 attached.

51(4) of the Nuclear Non-Prol1rerat1on (Sareguardâ¢J Ac e

require& a copy of the .r;eport to be laid before each louae within 15 1ittin; day1.

1 that you table the report in Parliament.

.:roKM XDIH )I I \1..-119 B9 .... .. â¢ I

1 2 7 A T T A C H M f. N l "0 11

e .

â¢ (â¢) Commonwealth Oovernmeftt Dâ¢partmenta 13. Under â¢ub-â¢eotion of the Public service Act l92Z

(PSA) the Secretary of a Department â¢hall, aa aoon as practicable after 30 Ju.ne in each rear, prepare anCS turn:Lah to the Hiniater a4atntâ¢tering the e report on the

operation of the Department durin; the rear ended on that 30 June. Aâ¢ aoon â¢â¢ fract1oab1e .. ana within 8iX montha (â¢ee para 15). The annual report ahoulG a1ao lno1ude â¢tatements aeotion 8 of the of Information Act. Financial

â¢tatementa, the Auditor·Genera1 1a Report and other intormation are alao required to be inoluGea under the gu1de11nea made under â¢ubâ¢â¢eotion 25(7) of the PSA,

14. Under eub-aaction ot tht P$A, the Min1iter

admin1ater1ng a Department eha11 cauâ¢e a oopr o£ a report preeantaQ to him/her under eubâ¢aaotion ZS(6) to be laid batorâ¢ eaoh Kouae ot the Parliament within 1' sitting dars of that Houaa attar the dar on which the Miniater receives the report. For this reason the letter of transmittal Included

in the tabled report indicate the month the report

will bâ¢ teblec!. (g) Commonwealth Government Departments/Authorities

1S. Sub·â¢â¢otion 3'C(2) of Aot1 Act 1901

(AlA) â¢tâ¢tee that vhâ¢re an â¢ perâ¢on to preeent

an anmaa1 to a but doea not â¢pecity a period

within which the ia to 1t mu1t be

presented â¢â¢ aeon â¢â¢ practicable atter the end ot the period to which it rel,ateâ¢ and, in enr evant, within aix monthâ¢ the end of that par1od. If the alx month8' C&&Cl1ne

cannot be met, aybâ¢aeotion 34C(4) ot the AIA the

department or &iency concerned must seek an extension ot time from the Minister, betort the 1Iiimonth1 haa elapted.

16. an extenaion ot time to report ia irented o

Minister under eub-,ection 3fC(5) of the AlA, oop1ee of tne aeâ¢kini an extenaion of time to râ¢pgrt

tOiother with the miniataria1 approval and reaaon1 for grantinQ the extenaion, muâ¢t be praaented to the Parliament aittinv unaer eubâ¢eeotion 34C(6). These

papera ahou1d be directlr to the Clarke of both

Houeoe tor preâ¢entotion to the far1iement â¢â¢ Clerk'â¢ documentâ¢ or Papera (e .. para 21) .

17. Where tho A%A any other Act a peraon to

present a report to a within a apeo1fiad

period on extenâ¢ion of that f8r1od under aub-aect1on 34C(7) oC the AlA ana that fai1a to aoa

(a) that â¢hall, 1atâ¢r than 14 dayâ¢ attar the

end ot that epaoitiad period or anr approvea extenâ¢ion, provide tht M1niater v1tn a etetement in â¢â¢pla,ninv why the report ;waâ¢ not pr esented

ao requ1recSJ and

128

STEVEDORING INDUSTRY FINANCE COMMITTEE

Cl· The Assoc1a11on of Employers of Waters1de LabOur ANL House 131 ·137 York Street Sydney NSW 2000

P.O. Box 0296 Oueen Bu1ld1ng 2000

TSN:ET

11 December 1990

Mr. Robert Diamond Secretary Senate Standing Committee on Industry, Science and Technology Parliament House CANBERRA ACT 2600.

Dear Sir,

SIFC ANNUAL REPORT

Telegrams & Telex- AEWL AA242 1 1 Telephone- (02 ) 261 9000 Fa cs1 m1 le Nos. - (02) 261 3683

- (02) 26 1 2669

The Annual Report for SIFC has now been presented to the Minister. It is considered necessary to bring toy:>Ur attention the reason why the report was not tabled by the appropriate date. As you are aware new set of guidelines for Financial Statements of Commonwealth Entities prepared by the Department of Finance was issued in June 1990. These guidelines applied for the financial year ended June 1990. Considerable effort was made by both SIFC and representative of the Attorney General's Department to ensure that the SIFC Annual

Report conformed to these standards. This process resulted in several major alterations to the accounts resulting in the reports being late in publication.

Please accept our apologies for the delay in the presentation of the accounts.

Yours faithfully,

T.S.NEWSON SECRETARY

DIAMOND.DOC

129

REMUNERATION TRIBUNAL Mining lndustr)' If oust :Z 16 N orrhbournt A vmut Canbtrra City, A .C.T. Postal Addrtss: P.O.BoJC:ZBJ Civic SqUDrt, A .C.T. 2608 Ttltphont: 47 3422 T e/u: 62 595 7 December 1990 The Secretary Senate Standing Committee on Industry, Science and Technology Parliament House CANBERRA ACT 2600 Attention: Ms Marisa Ruedas Dear Sir, Remuneration Tribunal 1988-89 Annual Reoort I refer to telephone enquiries concerning the tabling of the Remuneration Tribunal 1988-89 Annual Report. The Annual Report was delivered to the Minister for Industrial Relations under a covering letter dated 30 December 1990 from the Secretary to the Tribunal and, I understand, was received in the Minister's office on 31 December 1990. The Report contains a printed letter of transmittal dated 29 September 1989 signed by the members of the Tribunal. That date does not accurately feflect the date on which the Report was actually delivered to the Minister for Industrial Relations. Delays following signature of that letter before delivery to the Minister arose from some minor amendments made to the body of the Report. and time taken to have the Report printed . It is intended in future that the letter of transmittal no longer be printed with the report. Yours faithfully, (Betty Collins) Secretary I â¢ ' f<- L..:_

130

Appendix 8

Contents Page: Automotive Industry Authority Annual Report 1989-90

CONTENTS

cHAFfER

INTRODUCTION

2. Risi'ONSIDLE MINlSTER

3. ROLE OF 11IE AumORITY 2

4. INTERACTION WITII OTHER AGENCIES 3

s. MONlTORING OF 111E AUTOMOTIVE INDUSTRY 4

6. EXPORT FACILITATION 5

7. ADMINlSTRATION 6

7 .I MEMBERS 6

7.2 STAFFING 6

7.3 EQUAL EMPLOYMENT OPPORTUNITY 7

7.4 POST-SEPARATION EMPLOYMENT AND ENGAGEMENT OF CONSULT ANTS 8

7.5 OCCUPATIONAL HEALTH AND SAFETY 8

7.6 1989-1990 PUBLICATIONS AND NEWS RELEASES 8

7.7 FREEDOM OF INFORMATION 8

7.8 EXPENDITURE 9

132

CONTENTS (CONTINUED)

APPENDICES

A . OBJECTS AND FuNCTIONS OF TilE AUTOMOTIVE INDUSTRY AUTHORITY

B. EXPORT FACILITATION SCHEME

CRITERIA FOR CONSIDERING APPLICATIONS

C . EXPORT FACILITATION SCHEME

APPROVALS IN 1989-90

D. AUTHORITY MEMBERS AND STAFF

E. CONSULTANTS TO THE A1l1110RITY

F FREEDOM OF INFORMATION

STATEMENT OF DELEGATIONS AND DOCUMENTATION

G. FINANCIAL STATEME.'ITS

H. CHECKLIST

133

Appendix 9

Checklist: Automotive Industry Authority Annual Report 1989-90

APPENDIX H 134

ClJECKLISf

NAME OF AUTHORITY

DATE TRANSMITIED

ENABLING LEGISLATION

POWERS, FUNCTIONS AND OBJECfS

RESPONSffiLE MINISTER

Powers, exercise of powers

MEMBERS, TERMS OF APPOINTMENT

STAFF

Listing of Senior Executives Staff Numbers, Basis for Staffing Information Officer

FINANCIAL STATEMENTS

AUDITOR-GENERAL'S CERTIFICATE

PRINCIPAL PROGRAMS, ACTIVmES

Objectives Performance

INTERACTION wrrn OTHER AGENCIES

Chapter I

p. (iii)

Chapter I

Chapter 3 Appendix A

Chapter 2

Chapter 7 . I , Appendix D

Appendix D Chapter 7.2 Chapter 7.7

Chapter 7.8 Appendix G

Appendix G

Appendix A Chapter 3

Chapter 4

135

CHECKLIST (continued)

PUBLICATIONS

OPERATIONAL PROBLEMS

SUBSIDIARIES

INDEX

OTHER

Occupational Health &. Safety

Industrial Democracy

Equal Employment Opponunity

Consultants

Freedom of Information

Chapter 7.6, Appendix F

N/A

Chapter 7.5

Chapter 7.2

Chapter 7.3

Chapter 7. 4, Appendix E

Chapter 7. 7, Appendix F

136

Appendix 10

Staffing: Australian Industrial Registry Annual Report March 1989-J une 1989

1 3 7

APPENDIX 3

STAFFING OPERATIONS

Table I: Registry Staff Functional Area as at 30 June 1989

Principal Registry

Executive 3

Statutory Functions 19

Information Services 11

Inform at ion Technology 6

Ad ministration 35

Publications 30

District Registries

Queensland 7

Ne w So uth Wales 31

Australian Capital Territory 3

Victoria 18

Tasma nia 3

South Austral ia 5

Western Austr ali a 6

No nhem Terri tory 3

Commission Staff Ill

Total Staff

Table 2: Distribution or Staff by Sex and Classification

Full-Time Pan -time

SES U:ve l 4 SES U:vel 2 SES U:ve l l AS08

Librarian I CS03 2

Trai nee Totals

Ma les Females Ma les Fema les

., -

12 5

3 0

., .

- -' :'0

3 0

11 18 4

11 5:' :'

., -

86 145 10

104

13 8

Appendix 11

Enabling Legislation: Australian Special Rural Research Council Annual Report 1988-89

â¢ It recognises that exceptions will occur for potential new products where established industries do not exist or for some research and development

proposals considered to be in the national interest

â¢ The Council also expects that research organisations, many of which are funded by State governments or by the Commonwealth (e.g., CSIRO and the

universities) will provide staff and capital resources for research projects in which they participate.

139

The Council was established in 1985. It is funded by the Australian Government through the Department of Primary Industries and Energy and-through sub-section 22(3) of the Rural Industries

Research Act responsible to

Parliament and the National Farmers' Federation. In conjunction with the Federation,. the Council has drawn up an initial five-year research and development

plan for the industry areas it services. The current R & D plan will be revised by the new Council during 1989.

ASRRC enabling legislation

The Australian Special Rural Research Council was established and operates under the Rural Industries Res6orch Act 7 985.

Section 33 of the Act gives the Council the following functions: i

â¢ to investigate and evaluate the requirements for research and development : CR & D) required to be undertaken:

- in the national Interest

-where another research council is not responsible, or

- where there Is a mult1-lndustry Interest, notwithstanding that there may be a responsible research council for one of the industries

- and to develop and maintain a ftve-year R & D plan;

â¢ to develop each year on R & D program which specifies and describes the particular R & D activities proposed to be funded;

â¢ to approve payment of moneys from the Special Research Fund (a Trust Account for the purposes of section 62A of the Audit Act 7907 also established by the Rural Industries Research Act);

â¢ to monitor and report to Parliament and the National Farmers' Federation on R & D activities funded;

I â¢ to participate in co-ordination meetings of research councils and State 1

research committees; and

â¢ to perform such other functions as may be required by the Rural Industries

Research Act or any other Act.

140

Appendix 12

Responsible Minister: Horticultural Research & Development Corporation Annual Report 1988-89

141

"inisterial Po" ers

.\ppnJ\·es lonl,!·lt'rm research and d,.,·., lopment plans and annual npt>rJtional programs . . \ppoints members to tht: Horticultural Research and De,·elopment Corporation

on the re(·o mmendation of the Horticultural Research and De,·elopment Corporation Selection Committee.

Arrangements for Outside Participation The Cuq>orallon mav establish committees to assist it in the performance of its functions and the exe rcise of its po\\ers. Such.a committee rna\· be constituted whollv bv members of the Corporation or parth b,· members of the Corporation and parth bv other persons.

Regular consultations are held with various sectors of the horticultural industrv.

c ... tegon· . \nnual Report

.\pplications Guidelines

Categories of Documents

\'ature

Research and De,·elopment Plan

files . publication files pamphlets

files. publicatio n files .\dmimstration Personnel Operations

files files

\'ote: .\II documents are located at the Corporation office in Svdne\.

F acililies for Access

Facilities fur access to documents are a' ailahle at the Corporation's office.

FOI Procedures and Initial Contact Points Gt:neral inquiries about access to documents or other matters rdatinz to FOl should be directed to the FOI Contact Officer between 9.00 am and .5.00 pm . \lunda,· to Frida\ .

The FOI Contact Officer is the Executi,·e Director. Hortiudtural Research 0.: De-. el,>pmt-nt Corporation. Le' 100 \\'illia m Street. Snlney. \\' :2011. T clephone

t02) 3.5:- :-ooo. Facsimile (021 3.56 3661.

FOI Requests Receive

During the period to 30 June 1989. the Corporation receiYed no enquiries pursuant to tht> Freedom of Information .\ct. 1982. 17

142

Appendix 13

Powers, Functions and Objects:

(i) Horticultural Research & Development Corporation Annual Report 1988-89 (ii) Australian Industrial Registry Annual Report March 1988-June 1989

143

c) horticultural research and de\'elopment or other research and development: d) t.he administration or management of: i) horticultural research and de,·elopment: or

ii) other research and development: el sc:ience and technology: f) business mana,e;ement:

g) finance :

h ) <' Conomics:

j) marketing

The Corporation rna\' .1ppomt committees. consisting of such persons as the Corporation thinks fit. to assist it. The Corporation reports annuall\' to the \linister for Priman· Industries .1nd Energ\·. following which it reports to an annual Conference or executiw meeting of each eligible inuustn· body.

Functions

lm·estigates and e\·aluates the needs of the horticultural industn· for research and de,·elopment and. on the basis of that im·estigation and e\·aluation. dew lops research and cle,·dopment plans. De,·elops. for eat·h ,·ear of a period c·oHâ¢recl by a research and development phm. an annual operational program.

Cootdinates and funds horticultural research and development acth·ities that haw been specified in an annual operational program. \lonitnrs ancl reports to p,,rli < llll<'nt and the horticultural industry on the researc·h and Ue\'elopment acti,·ities funded h' the Corporation.

\lakes recommt>ndations to the \linister with respec·t to the amounts to be prescribt>d from time to time for the purposes of: â¢ the Horticultural Le,·y .\ct. 1987 â¢ the Horticultural Export Charge :\d. 19S7

â¢such other functions in connl'dion with t.he horticultural industl"\· as are conferred on the Corporation by the :\ct or Rt>gulations. Powers Subject to the :\ct. the Corporation has the power to do all things necessal"\· or con\'enient to be done for. or in connection with. the performanc·e of its func·tions

including:

â¢ make applications. indudingjoint applications. f(>r patents â¢ deal with patents in the Corporation

â¢ accept ¢fts. bequests .md de\'ices and ac·t as trustee of money to be used in carrying out the functions of the Corporation. The Corporation may enter into contracts or agreements in c·onnec·tion with the purc·hase of real or ptâ¢rsonal propt·rt,·. \ linisterial apprm·al is rl''luired for amounts in exctâ¢ss of S I 00.000.

â¢ Implement research and dt"n·lopnlt'nt plans and annual operational programs.

144

During 1988,89, no industry was involved with R&D funding on this basis although both the macadamia and mushroom industries were examining proposals to commence such an arrangement in 1989,90. J. PROJECT RELATED VOLC:\'TARY CO!\TRIBt:TIO:\

.\n industry or an organisation may wish to support particular projects to address specific R&D needs. These are often identified in consultation with a particular

research ag:encv or researcher. One industn· organisation. the Victorian Farmers Federation Flower Growers Group. supported a research project in 1988 89 on this basis but many proposals were being de,·eloped for 1989 90.

OPERATIONS OF THE HORTICULTURAL RESEARCH & DEVELOPMENT CORPORATION The Corporation's mission is. by its R&D efforts, to foster efficienL competitive an d adaptable horticultural industries with a \iew to imprO\ing their overall performance . . wei the well-being of horticulturalists and the communitv at large.

Ha,ing articulated its overall mission. the Corporation's principal tasks, following its establishment in .\ugust 1988. were to develop its objectives and strategies. and thus Ja,· down a foundation for its future operations. In addition. it had to establish its policies in relation to:

1. R&D priorities _ , consultation and participation

3 . .-\ccountabilih· to industn -t . Receipt and application of levy and ,·oluntary contributions

.) . Corporate administration. Objectives and Strategies

The basic objecti,·es established by the Corporation are: â¢ to achieve balanced production of horticultural crops in relation to product type. qualih· and quantity demanded. both on domestic and overseas markets: â¢ to improve the economic efficiency of production, primarily by reducing input costs

per unit of output and or bv increasing quality and, therefore. value of output; â¢ to promote expansion of exports of horticultural products; â¢ to encourage the development of new horticultural industries; and â¢ to promote the speedy involvement of all the horticultural industries in the Corporation ·s

R&D activities. In attempting to meet these objectives, the Corporation's strategies are:

â¢ to establish an R&D program on the basis of funding those projects offering the best prospects of success in tenns of improving the efficiency and competitiveness of the horticultural industries and the realisation of their maximum market potential; â¢ to achieve a national focus to its R&D program by fostering co-ordination between

researchers and the development of integrated programs directed towards the achievement of specific objectives;

145

REGISTRY OVERVIEW

INTRODUCTION

The Australian Industrial Registrv commenced operations nn I \larch 14X4 the dJtC that the Industrial Act 1':188 came into force alter receivinl! Roval on 8 November I ':188. - .

OBJECTS OF THE ACT

The of the Act are:

:J to promote industrial harmony and co-operation among the parties involved in industrial relations in Australia:

:l to provide a framework for the prevention and settlement of industrial disputes b\ conciliation and arbitration in a manner that minimises the disruptive effects of industrial disputes on the community :

:l to ensure that. in the prevention and settlement of industrial disputes. proper regard is had to the interests of the parties immediately concerned and to the interests (including the economic interests) of the Australian communitv as a whole :

::l to facilitate the prevention and prompt settlement of industrial disputes in a fair manner. and with the minimum of legal form and technicality:

::l to provide for the observance and enforcement of agreements and awards made for the prevention or settlement of industrial disputes:

::l to encourage the organisation of representative bodies of employers and employee; and their registration under the Act:

:J to encourage the democratic control of organisations and the bv their members in the affairs of organisations: and

:J to encourage the efficient The role of the RegistT\· in achi eving those objects is rwo -fold . First. to pro,· ide efficient administrative support to the and second. to perform th e variow; statutorv functions conferred upon it by the Act.

FUNCTIONS OF THE REGISTRY

The functions of the Registry are set out in section 63 of the Act. They are:

:J to keep a register of organisations:

:J to act as the registry for the Commission and to provide administrative support to the Commission:

146

PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

ANNUAL REPORTS REFERRED TO THE COMMilTEE

FOR THE PERIOD

1 JANUARY - 30 JUNE 1990

Senate Standing Committee on Legal and Constitutional Affairs

December 1990

147

148

MEMBERS OF THE COMMITTEE

Senator Barney Cooney (Victoria), Chairman Senator Amanda Vanstone (South Australia), Deputy Chair Senator Patricia Giles (Western Australia) Senator Rod Kemp (Victoria) Senator William O'Chee (Queensland) Senator Chris Schacht (South Australia) Senator Sid Spindler (Victoria) Senator the Han Peter Walsh (Western Australia)

Secretary: Bronwyn McNaughton The Senate Parliament House Canberra

14 9

TABLE OF CONTENTS

Page

Terms of reference vii

Abbreviations ix

CHAPTER1 INTRODUC'TlON

Reference of annual reports to the Committee 1

Categories of annual reports 2

Timeliness 2

Satisfactoriness of the reports 4

CHAPTER2 REPORTS OF STATIJTORY AND OTHER BODIES 5

Compliance with the guidelines 5

Accounting Standards Review Board Annual Report 1988-89 6

17th Annual Report of the Australian Institute of Criminology 7

Australian Security Intelligence Organisation Report to Parliament 1988-89 8

Criminology Research Council 17th Annual Report 13 Federal Police Disciplinary Tribunal Annual Report 1988-89 14

Law Reform Commission Annual Report 1989 14

National Legal Aid Advisory Committee Annual Report 1988-89 15

National Legal Aid Representative Council Annual Report 1988-89 17

CHAPTER3 REPORTS ON THE OPERATION OF LEGISLATION 19

Introduction 19

Special Investigations Unit Annual Report 1989 19 Telecommunications (Interception) Act 1979-report relating to the year ending 30 June 1989 22

Corrigendum to first annual report on the I

operation of the Privacy Act 23

150

APPENDIX I CORRESPONDENCE RElATING TO REFERENCE OF REPORTS 25

APPENDIX II GUIDEUNES FOR STATUTORY AUTHORITY ANNUAL REPORTS 35

APPENDIX Ill RESPONSES REU\TlNG TO TIMEUNESS OF REPORTS 37

APPENDIX fV CRfTERIA FOR ASSESSING REPORTS ON THE OPERATION OF LEGISLATION 49

151

TERMS OF REFERENCE

Senate Resolution of 14 December 1989

(2) That the Chair of the Standing Committee on Finance and Public Administration, after obtaining the agreement of the chairs of the other legislative and general purpose standing committees, provide to the President, as soon as practicable after the passage of this resolution, a list showing, in respect of each annual report presented to the Senate of a department, statutory authority, non-statutory body and company, the standing committee to which the annual report should be referred; and that the chairs provide to the President any amendments to that list the chairs consider necessary or

desirable, having regard to the list presented by the President under paragraph (1 ).

(3) That annual reports be referred to the standing committees, and the President forward the reports to the committees. in accordance with the lists provided under paragraph (2).

(6) That each committee investigate and report to the Senate on any lateness in the presentation of reports, having regard to the list provided by the President under paragraph (1).

(7) That, in considering an annual report, a committee take into account any relevant remarks about the report made in debate in the Senate.

(8) That the reports arising out of committees' consideration of annual reports be made once in each period of sittings, and draw to the attention of the Senate

152

any significant matters relating to the operations and performance of the bodies furnishing the reports, having regard to the matters set out in the report referred to in paragraph (1), particularly paragraphs 6.21 to 6.25 of that report.

(9) That the Chair of the Standing Committee on Finance and Public Adm inistration, after consulting with the chairs of the other standing committees, having regard to the list of statutory authorities, non-statutory bodies and companies maintained by the Standing Committee on Finance and Public Administration, present to the Senate each year a report indicating whether there are any bodies which do not present annual reports to the Senate and which should present such reports.

(Journals of the Senate, No 218, 14 December 1989, pp 2377 -8)

ASIO

ASIOAd

ASRB

EEO

May report

NLAAC

NL.ARC

OL.AFS

SAT

SIU

The Convnittee

153

ABBREVIATIONS

Australian Security Intelligence Organisation

Australian Security Intelligence Organisation Act 1979

Accounting Standards Review Board

Equal Employment Opportunity

Senate Standing Committee on Legal and Constitutional Affairs , Report on annual reports refered to the Committee; May 1990

National Legal Aid Advisory Committee

National Legal Aid Representative Council

Office of Legal Aid and Family Services

Parliamentary Paper

Security Appeals Tribunal

Special Investigations Unit

The Senate Standing Committee on Legal and Constitutional Affairs

154

CHAPTER 1

INTRODUCTION

Reference of annual reports to the Committee

1.1 This is the second report by the Committee pursuant to the resolution

of the Senate of 14 December 1989, which established a system for regular scrutiny

of annual reports by the Senate's legislative and general purpose standing

committees.1 The first was tabled on 31 May 19902 and dealt with annu?l reports

tabled between 1 July and 31 December 1989.

12 This report deals with 1 0 annual reports tabled between 1 January and 30 June 1990. These reports were listed for the Committee's consideration in the list

supplied to the Fresident on 20 July by the Chair of the Standing Committee on

Finance and Public Administration, Senator Coates, in accordance with paragraph (2)

of the resolution of 14 December.3 The Committee was notified on 13 August 1990

that the reports had been referred to it. 4

1.3 The report also deals with a corrigendum to one of the reports examined

in the Committee's earlier report. This document was also identified in the list supplied

by Senator Coates and referred to the Committee accordingly.

1 See terms of reference, pp vii-viii above.

2 Reoort on Annual Reoorts refeffed to the Committee, May 1990, PP 88/1990; Journals of the Senate, No 17, 31 May 1990, p 190.

3 Appendix I below.

4 Ibid.

15 5

2 REPORT ON ANNUAL REPORTS

Categxies of annua reports

1.4 The Committee has adopted the same categorisation of reports as it

used in its May 1990 report: that is, reports of departments of state, reports of

statutory and other bodies and reports on the operation of legislation. No

departmental annual reports have been referred to the Committee on this occasion.

Reports of statutory and other bodies are discussed in chapter 2 of this report.

Reports on the operation of legislation and the corrigendum to the earlier report are

discussed in chapter 3.

Tme/iness

1.5 Three of the reports referred to the Committee were, according to the

President's Report on Annual Reports, not tabled by the relevant minister within the

period allowed by the relevant legislation. One, the report of the Australian Security

Intelligence Organisation, was apparently not provided to the minister within the time

allowed. Questions of lateness are discussed as part of the consideration of particular

reports.

1.6 In its May report the Committee noted that, in each of the cases of

apparent late tabling there considered, an apparent breach of the time limit by the

minister was attributable to the fact that the date on the letter of transmittal included

in the report did not represent the date on which the finished report was actually

transmitted to the minister. 5 In each case there was a delay, usually caused by the

report being printed, between the signing of the letter and receipt of the report by the

minister. The Committee recommended that

the Government examine the existing procedures relating to transmittal of annual reports to ministers with a view to

5 Report on Annual Reports referred to the Committee, May 1990, PP 88/1990, p 8.

15h

INTRODUCTION

amending them in such a way as to indicate for the benefit of the Parliament the actual date of transmittal. 6

1.7 The Committee endorsed the suggestion of the Standing Committee on

Finance and Public Administration that the letter of transmittal be produced separately

to the report, signed when the report is actually transmitted and a copy sent to the

Clerk of each House. In this connection the Committee notes that it has recently

received a copy of the letter transmitting the 1989-90 annual report of the Security

Appeals Tribunal (SAT) to the Attorney-General? (The 1988-89 report of the SAT was

examined by this Committee in its May report.)

1.8 Delay between the signing of letters of transmittal and actual transmittal

continues to cause confusion and unnecessary work for the Committee and for the

agencies involved. The Committee is mindful that receipt of a letter from a Senate

committee suggesting a breach of reporting obligations is not a pleasant experience

for an official; however, the Committee is under a duty to investigate apparent

breaches of tabling requirements. The Committee therefore reiterates its earlier

recommendation.

1.9 Some agencies have sought to overcome the problem of delay between

the signing of a letter of transmittal and the actual forwarding of the report by not

dating the letter or by indicating only the month in which it is signed. The former

practice is, and the latter can be, as misleading as a letter bearing a meaningless

date. The Committee draws attention in this report to annual reports which are not

dated, and gives notice that in future it will be seeking explanations for such

omissions.

6 Report on Annual Reports refeffed to the Committee, May 1990, PP 88/1990, p 8.

7 The 1989-90 Annual Report of the SAT was tabled on 10 December 1990: Journals of the Senate, No 51, p 531.

157

4 REPORT ON ANNUAL REPORTS

Salisfactorines of the reports

1.1 0 The Committee is satisfied that the annual reports referred to it are

apparently satisfactory. The Committee has some comments concerning particular

reports which are set out in chapters 2 and 3.

158

CHAPTER2

REPORTS OF STATUTORY AND OTHER BODIES

Compliance with the guidelines

2.1 The Committee has used the current guidelines for reporting by statutory

authorities, which were originally presented by the then Leader of the Government in

the Senate, Senator the Han Sir John Carrick, in 1982, 1 as the basis for its

examination of these reports. A copy of the guidelines appears as appendix II to this

report.

2.2 In its May 1990 report the Committee included tables showing

compliance with the guidelines. In this report, the Committee has adopted a different

approach, listing in the text any apparent failures to comply which its examination has

revealed.

2.3 In its May report the Committee endorsed the conclusion of the Standing

Committee on Finance and Public Administration that these guidelines are in need of

revision.2 The Committee went on to recommend that

and that

consideration be given to developing separate sets of reporting guidelines for budget dependent authorities and GBEs [government business enterprises] 3

1 Senate, Hansard, 11 November 1982, pp 2260-3.

2 RePOrt on Annual RePOrts referred to the Committee, May 1990, PP 88/1990, p 6.

3 Ibid, p 7.

159

REPORT ON ANNUAL REPORTS

the guidelines for both departmental and statutory authority annual reports be amended so as specifically to require reporting on the progress of EEO [equal employment opportunity] programs (even if such a report merely sets out reasons for not pursuing an EEO program).4

2.4 The Committee reiterates these recommendations. The Committee notes

that the Joint Committee of Public Accounts has commenced an inquiry into annual

reporting guidelines for statutory authorities5 and hopes that this inquiry will produce

a new set of guidelines in time for the production of 1990-91 annual reports.

Acca.nting Standards Review Board Annual Report 1988-IJ!I

Timeliness

2.5 The 1988-89 Annual Report of the Accounting Standards Review Board

(ASRB) was listed in the President's Report on Annual Reports as not having been

tabled within the 15 sitting days allowed to the minister. The Committee sought the

comments of the chairman of the ASRB, Mr Stan Droder, on this matter. A copy of the

response from the new chairman, Mr GB Standish, appears at appendix Ill to this

report.

2.6 That response sets out the familiar story of a report delayed by printing

after its completion by the body concerned. The Committee makes no comment

beyond the general remarks in paras 1.5-1 .8 above.

4 Report on Annual Reoorts refeffed to the Committee, May 1990, PP 88/1990, p 7.

5 See, eg, House of Representatives, Notice Paoer, No 35, 6 December 1990, p 1072.

6 pp 58/1990.

160

REPORTS OF STATIJTORY AND OrnER BODIES 7

Adherence to guidelines

While the report makes several references to the requirements of the

Companies Code and the ASRB's powers, it does not identify the provision

constituting the ASRB. 7 (guideline (i))

The powers of direction, if any, enjoyed by ministers or the Ministerial Council

for Companies and Securities are not set out. (guideline (ii))

Staff numbers are not included. (guideline (iv))

Comment

2.7 The report is admirably concise and does almost everything expected

of it. The main area in which the Committee would wish to see improvement is in the

exposition of the statutory framework constituting the ASRB.

17th Annual RefXJ(t of the Austrafla/1/nstitute of Critninolog/

Adherence to guidelines

No powers of direction are vested in the minister (the Attorney-General) by the

Criminology Research Act 1971. However, it would be useful if the relationship

between the Institute and the Attorney-General was explained in the report.

(guideline (ii))

7 Various provisions in Part VI Division I of the Companies Act 1981 refer to 'the Board '. 'Board ' is defined in 5266(1) as meaning 'the body, known as the Accounting Standards Review Board, established by the Ministerial Council '.

8 pp 84/1990.

161

REPORT ON ANNUAL REPORTS

The terms of appointment of members of the Institute's Board of Management 9

are not set out. (guideline (iv))

While a complete list of staff is included, the basis for staffing 10 is not

identified. (guideline (iv))

Comment

2.8 The report gives a comprehensive account of the Institute's activities .

Future reports would, in the Committee's view, be strengthened by more explicit

statements of the objectives of each of the Institute's main fields of activity. The

Committee does not suggest that the Institute's performance could be measured in

any quantitative sense. It would be useful, however, to view accounts of activity in the

light of the aims being pursued.

Auslra5an Seality trtelligence Organisation Report to Parliament 1988-89' 1

Timeliness

2.9 Section 94 of the Australian Securitv Intelligence Organisation Act 1979

(the ASIO Act) requires that the Director-General of Security provide an annual report

to the minister 'as soon as practicable' after 30 June. Section 34C(2) of the Acts

Interpretation Act 1901 provides:

Where an Act requires a person to furnish a periodic report to a Minister but does not specify a period within

9 Members appointed by the Attorney-Genera/ hold office during the pleasure of the Attorney-General Members appointed by the Criminology Research Council hold office for one year but are eligible for re-appointment: Criminology Research Act 1971, s9.

1 0 Criminology Research Act 1971, 523.

11 pp 65/1990.

162

REPORTS OF STATUTORY AND OTiiER BODIES

which the report is to be so furnished, that person shall furnish the report to the Minister as soon as practicable after the end of the particular period to which the report relates and, in any event, within 6 months after the end of that particular period.

2.10 While not purporting to deliver a legal opinion, the Committee takes the

tentative view that the expression 'as soon as practicable' in the ASIO Act does not

'specify a period', and that section 34C of the Acts Interpretation Act therefore applies

to the ASIO Act.12 If this view is correct, the director-general is obliged to present a

report to the minister by 31 December.

2.11 The Committee is therefore tentatively of the view that transmittal of the

report on 12 February 1990, as indicated in the director-general's letter of transmittal,

would amount to a failure to comply with the statutory requirements regarding

timeliness. Even if this view is not correct, the Committee considers that failure to

complete an annual report within six months of the end of the reporting period is

unacceptable.

2.12 Senator Michael Baume expressed this view in the adjournment debate

on 22 May 1990.13 Senator Baume said that ASIO had 'failed this Parliament in

reporting belatedly, and unnecessarily so'. He pointed out that ASIO's audit report was

signed on 31 August and the Attorney-General's declaration was signed on 4

October. 14 He concluded that ASIO had, on this occasion, 'an obligation to explain

itseff'.15

12 The Committee has been provided with a legal opinion to the effect that s34C does not apply to the reporting obligation under the War Crimes Act 1945: see para 3.8; appendix Ill below. However, in the War Crimes Act there is not an obligation on an officer to present a report to the minister as there is in the ASIO Act.

13 Senate, Hansard, 22 May 1990, p 833.

14 Australian Security lntellioence Organisation Reoort to Parliament 1988-89, PP 65/1990, pp 52-3.

15 Senate, Hansard, 22 May 1990, p 833.

16 3

10 REPORT ON ANNUAL REPORTS

2..13 The Committee sought the comments of the director-general,

Mr John Moten, on the timing of the report. A copy of the director-general's response

appears at appendix Ill to this report.

2..14 Mr Moten explained that there were two stages in the presentation of the

report. ASIO's annual report pursuant to section 94(1) of the ASIO Act was provided

to the Attorney-General on 12 December 1989. Under section 94(4) of the ASIO Act

the minister may, with the advice of the director-general, delete such material from the

report as is necessary 'to avoid prejudice to security, the defence of the

Commonwealth, the conduct of the Commonwealth's international affairs or the privacy

of individuals'. These deletions were made by ASIO in consultation with the Attorney

General and the revised version of the report transmitted to the Attorney-General on

12 February 1990, the date shown in the report.

2..15 It therefore appears that ASIO complied with its obligations regarding the

timing of its report to the minister. If 12 December is taken as the date of transmittal,

the tabling of the report in the Senate on 21 May 1990 fulfilled the Attorney-General's

obligation under section 94(3) of the ASIO Act to table the report within 20 sitting days

of its transmittal.

2.. 16 The Committee draws attention to its remarks at paras 1.5-1 .8, reiterating

recommendations made in its May report. Alternatively, the Committee suggests that

future ASIO reports to Parliament include information on the process leading up to its

tabling. Either of these courses would enable the duty delegated to the Committee by

the Senate, to verify compliance with the timeliness requirements, to be performed

without recourse to correspondence.

164

REPORTS OF STATIITOAY AND OlliER BODIES 11

Adherence to guidelines

The source of ASIO's powers is identified but the powers themselves 16 are not

set out. A summary would be helpful. (guideline (iii))

The terms of appointment of the director-general 17 should be set out.

(guideline (iv))

The guidelines require a list of senior executive staff (guideline (iv)) . Such a list

is not included in the report, but the Committee accepts that there may be

good reasons for this omission in ASIO's case.

Comment

2.17 For obvious reasons many of the activities of ASIO are conducted in

secret. However, the organisation is funded from the public purse. Therefore, the

Committee considers that the public is entitled to know, in a general way, of the

activities of ASIO and how it views broad developments in its field of expertise. As

ASIO's work is rarely announced or discussed publicly, its annual report to parliament

is a particularly important means of providing the information to which the public is

entitled. Accordingly, that report should be informative.

2.18 ASIO's corporate management is well covered in the report, as are the

provisions for access to information about ASIO. There are concise accounts of ASIO's

intelligence gathering and protective security activities.

16 See Australian Security Intelligence Organisation Act 1979, Part Ill.

17 See Australian Security Intelligence Organisation Act 1979, ss 9-13.

165

12 REPORT ON ANNUAL REPORTS

2.19 The report contains a brief exposition, 'The current security situation', 18

which outlines what ASIO regarded as the principal threats to Australia's security at

the end of the reporting period. The issues raised in this section - the level of activity

of 'hostile' foreign intelligence services, the activities of extreme right wing racist

groups and the attempted entry into Australia of a member of an active terrorist group

- have been brought to the attention of the Senate by Senators Hi1119 and Michael

Baume.20

The report also identifies several challenges for the future, which include the consequences of some of the identified security developments, culminating in the

suggestion that ASIO will need 'significant additional funding' in Mure years. 21 The

Committee considers that, if ASIO is to seek significantly increased funds from the

public purse, it will need to justify the increase with a more comprehensive explanation

of the security challenges facing it (although the need for operational matters to

remain confidential must be borne in mind). The Parliamentary Joint Committee on

ASIO may be an appropriate forum for this exercise.22

18 Australian Security Intelligence Organisation Report to Parliament 1988-89, PP 65/1990, pp 4-5.

19 Senate, Hansard, 21 May 1990, p 644.

2 0 Senate, Hansard, 22 May 1990, p 833.

21 Australian Security Intelligence Organisation Report to Parliament 1988-89, PP 6511990, pp 49-50.

2 2 The question of ASIOs resources could be referred to the Parliamentary Joint Committee by the minister or by either House: Australian Securitv Intelligence Organisation Act 1979, s92C.

166

REPORTS OF STATIJTORY AND OTiiER BODIES 13

Criminology Research Council 17th Annual Reporf3

Adherence to guidelines

The terms of appointment of members of the Council 24 are not set out.

(guideline (iv))

Comment

221 The main body of the report contains short outlines of research projects

funded by the Council. Usefully, the report mentions the policy followed by the Council

in considering applications for grants, which includes a requirement that projects

should have the potential to contribute to practical improvements in the operation of Australian criminal justice systems or in crime prevention.25

2.22 During the reporting period the Council was forced to reject applications

for funding amounting to some $900 000, the majority of which were for meritorious

projects. The report proposes that the Criminology Research Fund, for which the

Council is responsible, be doubled in size over two years. 26 The Committee does not

express a view on this proposal. The Committee does, however, consider that there

may be merit in the proposal that the fund be adjusted each year for inflation.27

2 3 pp 83/1990.

2 4 See Criminology Research Act 1971, s35.

2 5 Criminology Research Council 17th Annual Report, PP 85/1990, p 25.

2 6 Ibid, pp 1-2.

27 Ibid.

167

14 REPORT ON ANNUAL REPORTS

Federal Police DiscipfUJarY Tribunal Annual Report 1988-lJ!i8

Adherence to guidelines

Discussion of the terms of appointment of tribunal members omits the

circ*mstances in which, and means by which, members may be removed from

office. (guideline (iv))

Comment

2..23 Apart from the lapse mentioned above, the report gives a reasonably

comprehensive account of the tribunal's powers and responsibilities. It also shows the

number of various kinds of cases dealt with during the reporting period and gives an

indication of the time the cases took.

Law Reform Commission Annual Report t98!f9

Adherence to guidelines

224 The Committee is not aware of any respect in which the report fails to

adhere to the guidelines for reports of statutory authorities. The report contains an

appendix outlining compliance with the current guidelines for departmental annual

reports. 30 As the Committee understands the commission is not required to comply

with those guidelines but is required to comply with the guidelines for statutory

authorities. However, as the guidelines currently stand those relating to departments

are more comprehensive and probably more appropriate to a body such as the

commission. Until the statutory authority guidelines are revised (see paras 2.3-2.4

28 pp 18/1990.

2 9 pp 43/1990.

30 Law Reform Commission Annual Report 1989, PP 43/1990, appendix 4.

168

REPORTS OF STATIJTORY AND OTHER BODIES 15

above) the guidelines for departments provide a useful yardstick for authorities

seeking to produce good reports.

Comment

2.25 In common with other agencies which exist in order to provide policy

advice, the nature of the commission's work is such that it is no easy matter to

measure performance against objectives. The Committee is pleased that the

commission has made a serious attempt to do this.

2..26 Chapter 2 of the report sets out the position of the commission within the

program structure of the Attorney-General's portfolio and, importantly, sets out the

objectives and performance indicators which have been drawn up for the commiss ion .

This provides the framework for discussion of the commission's work in the remainder

of the report. The Committee commends this approach.

Na/ion;M Lsg;M Aid Advisory Committee Annual Report 19lJlJ..B!i 1

Timeliness

2.21 The letter of transmittal included in the report is undated. The Committee

has been informed that the report was forwarded to the minister on 29 December

1989,32 and hence that it complied with the time limits for production and tabling.

However, the Committee draws attention to remarks at para 1.9 above.

31 pp 16/1990.

32 Letter from Office of Legal Aid and Family Services, appendix IV below.

169

16 REPORT ON ANNUAL REPORTS

Adherence to guidelines

The minister's powers of direction33 are not covered, although the relationship

between the National Legal Aid Advisory Committee (NLAAC) with the minister

and the Attorney-General's Department are discussed.34 (guideline (ii))

While the qualifications for membership are outlined,35 the terms of

appointment of members of NLAAcas are not discussed. (guideline (iv))

The report does not appear to contain a statement of NL.AAC's objectives.

(guideline (vi))

There is no list of NLAAC publications, although some discussion papers are

referred to.37 (guideline (vi))

Comment

2-28 The report gives a very full account of NLAAC's activities during the

reporting period. The Committee's main criticism of the report is that, while it does

include material on ministerial responses to NLAAC's advice,38 it does not relate

these results, or NLAAC's activity, to any formulation of the objectives NLAAC seeks

to pursue. A statement of NLAAC's aims, as opposed to its bare statutory functions,

would facilitate assessment of its performance.

3 3 Under s9 of the Commonwealth Legal Aid Act 1977 the functions of the NLAAC include providing advice â¢on a request made to it by the Ministet.

34 National Leaal Aid Advisory Committee Annual Report 1988-89, PP 16/1990, p 2.

35 Ibid, p 1.

36 See Commonwealth Leaal Aid Act 1977, ss11-13.

3 7 National LeaaiAid Advisory Committee Annual Report 1988-89, PP 16/1990, pp 23-5.

3 8 Ibid, cha,xer 6.

170

REPORTS OF STATUTORY AND OTHER BODIES 17

Nation;M LBga/ Aid Representative Council Annual Report t!J8EJ-8!f9

Timeliness

2.29 The Annual Report of the National Legal Aid Representative Council

(NLARC) was listed in the President's Report on Annual Reports as having been tabled

late. The Committee sought the comments of NLARC on this matter. A copy of the

response from the Office of Legal Aid and Family Services (OLAFS) appears at

appendix Ill to this report.

2.30 The OLAFS response informed the Committee that the report was

actually forwarded to the minister on 29 December 198940 rather than in November

as indicated in the letter of transmittal reproduced in the report. This means that the

report was tabled within 15 sitting days of its receipt, as required by the Act.41

2.31 On the matter of delay between the signing of the transmittal letter and

actual transmittal the Committee draws attention to its comments at paras 1.5-1.8

above. The Committee also notes that the letter of transmittal in the report is dated

'November 1989' (see para 1.9 above). In this instance the failure to specify a date has

no effect: as the report was tabled on 16 May 1990,42 more than 15 sitting days after

the last day of November, transmittal at any time in November would have meant that

the tabling requirement had not been complied with. However, it will often be the case

that, unless it is known at what point during the month a report was forwarded to the

minister, it is not possible to work out whether the minister has met his or her tabling

obligations.

39 pp 17/1990.

4 0 Appendix Ill below.

41 Commonwealth Legal Aid Act 1977, s18.

4 2 Journals of the Senate, No 7, 16 May 1990, p 87.

171

18 REPORT ON ANNUAL REPORTS

Adherence to guidelines

The terms of appointment of members43 are not set out (although the report

does include the length of their terms and the part time basis of appointment).

(guideline (iv))

Comment

2.32 NLARC's activity in 1988-89 consisted of holding one two-day meeting

and conveying its resolutions to the minister. The report's discussion of the issues

discussed at the meeting is very thorough. Indeed, it could be argued that the report

is unnecessarily large and much of the discussion of substantive issues could have

been more usefully released as discussion papers during the year.

2..33 OLAFS informed the Committee that no new appointments had been

made when the terms of all members of the NLARC expired late in 1989.44 The

Committee looks forward to the statement on the future of NLARC which, it has been

informed, the minister intends to make to the Senate 'before the end of this

session'.45

43 CommonwealthLeaaiAidAct 1977, sss, 11-13.

4 4 Appendix Ill below.

45 Ibid.

172

CHAPTER3

REPORTS ON THE OPERATION OF LEGISlATION

Introduction

3.1 In its May report the Committee noted that there were no general

guidelines governing reports on the operation of legislation, 1 and recommended that

such guidelines be developed.2 The Committee reiterates that recommendation, while

noting that many Acts establish requirements for reports on their operation. Where

such requirements exist they could be usefully supplemented by guidelines on

presentation and content. The Committee also suggested some matters as suitable

for inclusion in any set of guidelines. 3 A list of relevant considerations based on these

matters is set out at appendix IV to this report. The Committee considers that they

might usefully form the basis for development of guidelines for reports on the

operation of legislation.

32 In this report the Committee has based its scrutiny on the statutory requirements in each case. In addition, the Committee has considered the matters set

out in appendix IV, although it has not included detailed assessments in this report.

Spscial Investigations Unit Annual Report 198!1'

3.3 Section 21 of the War Crimes Act 1945 requires that the Attorney-General

cause a report on the operation of the Act to be prepared for each twelve month

1 Report on Annual Reports refeffed to the Committee, May 1990, PP 88/1990, pp 6, 40.

2 Ibid, p41.

3 Ibid, pp 40-41.

4 pp 38/1990.

1 7 3

20 REPORT ON ANNUAL REPORTS

period ending on 30 June. Although the operation of the Act comprises more than the

activities of the Special Investigations Unit (SIU), the report of the SIU is, apparently,

presented to the Parliament as the report required on the operation of the Act. The

Committee has been advised that the report was finalised and printed following

consultation with other agencies involved in administering the Act. 5 Presumably they

had little or nothing to add.

3.4 The form in which the report is presented causes confusion as to exactly

what the report is. In not canvassing responsibilities under the Act which lie outside

the SIU the report arguably is not a full account of the operations of the Act. It only

becomes a full account when supplemented by the knowledge that consultation with

the other agencies took place before it was finalised. That information was supplied

only in response to a question in the House of Representatives6 and to the

Committee's inquiries. Supplementary information should not be necessary. The report

should show the statutory obligation pursuant to which it is presented and the

agencies involved in its preparation.

3.5 The way in which the report is presented also resulted in it being listed

in the President's Report on Annual Reoorts as having been tabled late. Section

21 (1 }(b) of the Act requires the Attorney-General to table the report in each House

'within 15 sitting days of the House after the report is prepared'. The report reproduces

a letter of transmittal from the Director of the SIU, Mr RF Greenwood QC, to the

Attorney-General, dated 'November 1989'? More than 15 sitting days elapsed

between the last day of November and the tabling of the report.

3.6 The Committee sought Mr Greenwood's comments on this matter. A

copy of his response appears at appendix Ill to this report. Mr Greenwood informed

5 Letter from Mr Greenwood (appendix Ill below).

6 Answer to question on notice no 223 (Mr Peaco*ck), House of Representatives, Hansard, 7 November 1990, p 3510.

7 See paras 1.5-1.9, above.

174

REPORTS ON THE OPERAllON OF LEGISLATION 21

the Committee that the SIU had indeed submitted its report to the Attorney-General

on 13 November, but that, as noted above, this was not the report required by the

Act. Consultation with other agencies was required before the report could be

regarded as finalised.

3.7 Mr Greenwood's letter does not state the date on which the report was

finalised, but indicates that this was 'during the Parliamentary recess'. The Committee

considered whether, if the report was finalised after 31 December, the Attorney

General's obligation to cause a report to be prepared 'as soon as practicable after 30

June.e was not fulfilled. This question arises because of section 34C of the Acts

Interpretation Act (see also paras 2.9-2.1 0 above}.

3.8 The Committee sought Mr Greenwood's comments on this question. He

referred the matter to the Attorney-General's Department, which informed the

Committee of its view that section 34C did not apply to the reports required under the

War Crimes Act. 9 The Committee accepts this view and thanks the Attorney-General's

Department for preparing this opinion. The Committee notes that the opinion only

relates to situations where a minister is obliged to prepare a report, not to situations

where a person is obliged to present a report to a minister.

3.9 The Committee notes in passing that some of the difficulties discussed

above may have their basis in the way section 21 (1} of the Act is drafted. It does not

make any officer responsible for presenting a report to the minister, instead making

the Attorney-General responsible for having a report 'prepared'. The Attorney-General

must then table the report within 15 sitting days 'after the report is prepared'. The date

on which a report is 'prepared' may be very difficult to ascertain without access to

internal memoranda of the Attorney-General's office.

8 War Crimes Act 1945, 521{1).

9 See appendix Ill below.

17 5

22 REPORT ON ANNUAL REPORTS

3.10 The Committee strongly urges the Attorney-General to ensure that future

reports on the operation of the War Crimes Act contain enough information on their

production to allow the Committee's duty to monitor the timeliness of the report to be

carried out without recourse to correspondence.

3.11 Section 21 (2) of the Act sets out the matters which must be included in

the report. They are:

(a) how many suspected offences against this Act were under investigation during the year;

(b) how many prosecutions for alleged offences against this Act were begun during the year;

(c) the resources available during the year for the purposes of investigating such suspected offences and carrying on such prosecutions; and

(d) the timetable of finalising:

(i) investigations of such suspected offences; and (ii) such prosecutions.

3.12 All of these matters are covered. The report also includes useful

information on the work and resources of the SIU including its criteria for suspending

or continuing with investigations.

TBI9commcnicatio {Interception) Act 1979- report relating to the year ending 30 June 198!10

3.13 The obligation to report on the operation of this Act is imposed on the

minister (the Attorney-General) by Division 2 of Part IX of the Act, which was inserted

by the Telecommunication (Interception) Amendment Act 1987. That division sets out

10 pp 71/1990.

17 6

REPORTS ON TI-lE OPERAllON OF LEGISLATION 23

many items of information which are required to be included in the report. It is not

necessary to set out those provisions here. As far as the Committee can ascertain, all

of the information required is provided by the tables included in the report.11

3.14 The report provides other useful information. This includes a brief

discussion of the changes wrought by the 1987 amendment Act,12 mention of a

review of that Act by the Attorney-General's Department (in train at the time of

reporting) ,13 basic information on the issue of warrants under the Ad 4 and a

summary of the accountability provisions. 15

3.15 The Committee would be interested in future in some information on the

costs of enforcing the Act, although it acknowledges that this may be difficult to

ascertain with precision.

Corrigenclfln to first annual report on the operation of the Privacy Act

3.16 The corrigendum to the first annual report on the operation of the Privacy

Act contains 25 corrections to the Privacy Commissioner's report. A few are stylistic

11 Telecommunications OntercelJtionJ Act 1979 - report relating to the vear ending 30 June 1989, pp 6-19.

12 Ibid, pp 1-3.

13 Ibid, p3.

14 Ibid, pp 3-4.

15 Ibid, pp 4-5.

177

24 REPORT ON ANNUAL REPORTS

matters which perhaps need not have been corrected. The others are typographical

or editing errors some of which, if left uncorrected, would make the true meaning of

the relevant passages hard to ascertain. None of these corrections alter the

Committee's views on the report, which were set out in the Committee's May report.

The Senate Canberra

December 1990

Barney Cooney Chairman

178

APPENDIX I

CORRESPONDENCE RELATING TO

REFERENCE OF REPORTS

AUSTRALIAN SENATE C A NBERRA. A.C.T.

STANDING COMMITIEE ON FINANCE

20 July 1990

Senator Kerry Sibraa President of the Senate Parliament House CANBERRA ACT 2600

PARLIAMENT HOUSE CANBERRA. ACT. 2600 TE L: (062 ) 77 3530

FAX: (062 ) 77 38 99

I am writing again about the referral of annual reports to committees. In accordance with the resolution of the Senate of 14 December 1989, I now provide a list of the annual reports of Commonwealth bodies which were tabled from 1 January 1990 to 30 June 1990, with a proposed distribution of those reports among the standing committees .

The list has been agreed to by the committee Chairs. It is based strictly on portfolios and the allocation of those portfolios amongst the eight standing committees by resolution of the Senate of 9 May 1990 .

In view of the uncertainty which arose over certain perceived omissions from my previous list of reports to be referred, I attach a second list of tabled reports which you may also wish to refer to the indicated standing

committees as a continuation of the longer- standing practice. This second list comprises reports on the operations of acts or programs, as distinct from annual reports of bodies. That is, they are not strictly included in the resolution of 14

December 1989 and so the committees are not obliged to report on these reports, though of course they may do so if they wish.

Corrigenda have been tabled to four annual reports previously referred to standing committees . Clearly the corrigenda need to be distributed to the committees which previously received the relevant reports for examination. However, I suggest it should be up to the judgement of the committees whether in each case any further reporting to the Senate is warranted.

May I suggest that you now formally refer the reports to the committees in accordance with the lists so that the committee secretariats can begin to analyse the reports.

Chair

180

Attachment 1

COMMONWEALTH BODIES WHOSE ANNUAL REPORTS WERE TABLED 1 JANUARY - 30 JUNE 1990: ALLOCATION TO STANDING COMMITTEES

COMMUNITY AFFAIRS

CS&H CS&H CS&H

Australian Institute of Health Commonwealth Serum Laboratories Commission Private Health Insurance Administration Council Australian Institute of Family Studies

Social Security Appeals Tribunal

EMPLOYMENT, EDUCATION AND TRAINING

EET Aboriginals Benefit Trust Account Advisory Committee EET Aboriginal Development Commission EET Australian Institute of Aboriginal Studies EET Land Council

EET Northern Land Council

EET Tiwi Land Council

ENVIRONMENT, RECREATION AND THE ARTS

ASETT ASETT ASETT ASETT

Australian Sports Commission Christmas Island Services Corporation - 1987-88 Christmas Island Services Corporation - 1988-89 National Science and Technology Centre

FINANCE AND PUBLIC ADMINISTRATION

Nil

FOREIGN AFFAIRS, DEFENCE AND TRADE

DEF Defence Housing Authority

FAT Australia New Zealand Foundation

181

INDUSTRY, SCIENCE AND TECHNOLOGY

IR IR IR IR IR ITAC ITAC ITAC PIE PIE PIE PIE PIE PIE PIE PIE PIE PIE PIE PIE PIE PIE

Australian Conciliation and Arbitration Commission Australian Industrial Registry Australian Industrial Relations Commission Remuneration Tribunal Stevedoring Industry Finance Committee Anti-Dumping Authority

Industry Research and Development Board Safety Review Committee Australian Horticultural Corporation Australian Safeguards Office Australian Special Rural Research Council Australian Wheat Board Cotton Research Council Dried Fruits Research Council Fishing Industry Research and Development Council Grain Legumes Research Council Honey Research Council Horticultural Research and Development Corporation Pig Research Council Protected Zone Joint Authority Research Councils' Selection Committee Wheat Research Council

LEGAL AND CONSTITUTIONAL AFFAIRS

AG AG AG AG AG

AG AG AG

Accounting Standards Review Board Australian Institute of Criminology Australian Security Intelligence Organization Criminology Research Council

Federal Police Disciplinary Tribunal Law Reform Commission National Legal Aid Advisory Committee National Legal Aid Representative Council

TRANSPORT, COMMUNICATIONS AND INFRASTRUCTURE

AS Genetic Manipulation Advisory Committee

1 82

Attachment 2

ALLOCATION TO STANDING COMMITTEES OF REPORTS ON THE OPERATIONS OF ACTS OR PROGRAMS TABLED 1 JANUARY - 30 JUNE 1990

COMMUNITY AFFAIRS

CS&H

Commonwealth Serum Laboratories Commission - Ew1al Employment Opportunity Annual Program Report 1988-89 States Grants Act 1985 - Progress Report to Parliament February

1990: The transfer of nursing education from hospitals to the tertiary sector

EMPLOYMENT, EDUCATION AND TRAINING

EET States Grants

and Equity> Act 1983 - Report 1986 and 1987

ENVIRONMENT 1 RECREATION AND THE ARTS

Nil

FINANCE AND PUBLIC ADMINISTRATION

TREAS International Bank for Reconstruction and Development Act 1989 - Annual Report 1988-89

FOREIGN AFFAIRS, DEFENCE AND TRADE

Nil

INDUSTRY 1 SCIENCE AND TECHNOLOGY

ITAC

PIE

Australian Industry Development Corporation - Annual Report 30 June 1989 Operation of the Fishing Industry Act 1956 - Aonual Report 1988-89

183

LEGAL AND CONSTITUTIONAL AFFAIRS

Special Investigations Unit- - Annual Report 1989 Telecommunications Act 1979 - Report relating to the year ending 30 June 1989

TRANSPORT, COMMUNICATIONS AND INFRASTRUCTURE

T&C Australian Airlines Limited - Report to the Minister

for Transport and Communications on the development and proposed implementation of Australian Airlines Limited Egual Employment Opportunity

T&C Australian National Line Egual Employment

Opportunity Report 1988-89 T&C Overseas Telecommunications Commission - 1988-89 EEO Annual Report to the Minister for Transport and

Communications

184

Attachment 3

CORRIGENDA TO ANNUAL REPORTS

INDUSTRY, SCIENCE AND TECHNOLOGY

IR Department of Industrial Relations - Annual Report

1988-89 - Corrigendum PIE Department of Primary Industries and Energy Annual

Report 1988-89 - Corrigendum

FINANCE AND PUBLIC ADMINISTRATION

TREAS Commissioner of Taxation - Annual Report 1988-89 -

Corrigendum

LEGAL AND CONSTITUTIONAL

AG Corrigendum to first annual report on the operation of

the Privacy Act for the period 1 January 1989 to 30

June 1989

1ft THE SENATE CANBERRA. A.C.T . 13 August 1990 I .: j ' ',· .,.. Sl: ... . Mr Stephen Argument Acting Secretary .. 1â¢ â¢â¢ : - .- .:IS Senate Standing Committee on Legal and Constitutional Affairs Parliament House CANBERRA ACT 2600 REFERENCE OF AHHUAL REPORTS TO STANDING COMMITTEES (Period 1 January - 30 June 1990) In accordance with the resolution of the Senate of 14 December 1989, relating to the consideration of annual reports by the Senate Legislative and General Purpose Standing Committees, the following annual reports by Commonwealth bodies are transmitted for examination and report by the Committee: * * * * * * * * Accounting Standards Review Australian Institute of Australian Security Intelligence Criminology Research Council; Federal Police Disciplinary Tribunal; Law Reform Commission; National Legal Aid Advisory Committee, and National Legal Aid Representative Council. The following reports on the operation of Acts or programs are also transmitted to the Committee for assessment: * Special Investigations Unit - Annual Report 1989, and * Telecommunications C Interception\ Act 1979 Report relating to the year ending 30 June 1989. As they are technically not annual reports of Commonwealth bodies the Committee is not obliged to report on them, however they may do so if they wish. The following corrigendum is forwarded to the Committee for its information. If reporting is warranted the Committee may do so: * Corrigendum to first annual report on the operation of the Privacy Act for the period 1 January 1989 to 30 June 1989 Michele Cornwell Clerk-Assistant CTablel

(i)

(ii)

186

APPENDIX II

GUJDEUNES FOR STATLJTORY AUTHORITY ANNUAL REPORTS

Enabling legislation: A clear statement of the legislation (if any) under

which the organisation operates.

Responsible Minister: To be shown. A description of any statutory

powers of direction which the Minister has over the authority and any

details of the exercise of any such powers, subject to the need to

protect confidential information, to be included.

(iii) Powers, Functions and Objects: To be detailed.

(iv) Membership and Staff: A list of the members of the body and their terms

of appointment, together with listing of senior executive staff and a

statement of the total number of staff employed by the organisation. In

addition, the basis for staffing of the organisations should be identified.

The address and phone number of the information officer should also

be included.

(v) Financial Statements: All Government bodies should provide statements

which adequately disclose financial aspects of their activities. For

example, where the form of a body's financial statements is approved by

the Minister for Finance, the approved form must, of course, be followed;

where an unincorporated body has no specific financial responsibilities

and no financial reporting requirement exists, it might be appropriate to

disclose departmental receipts and expenditures relevant to its

operations, while avoiding unnecessary duplication of the information

contained in its annual Financial Statement prepared by the Minister for

Finance. The requirement for adequate disclosure will extend to bodies

(vi)

187

contained in its annual Financial Statement prepared by the Minister for

Finance. The requirement for adequate disclosure will extend to bodies

incorporated under companies legislation if the Commonwealth is sole

owner or shareholder; this will not affect the need to satisfy the reporting

requirements under company law. The Department of Finance and the

Auditor-General's Office are preparing guidelines which will assist

Commonwealth undertakings in preparing financial statements; an

exposure draft entitled 'Proposed Guidelines for the Form and Standard

Financial Statements of Commonwealth Undertakings' was issued in

August 1980. The Exposure Draft has been considered by the relevant

Parliamentary Committees.

Activities and Reports: A description of the principal programs and

activities of the body noting objectives and reviewing achievements.

Information on interaction with other authorities, departments and State

and international bodies should be provided as should a list of

publications during the reporting period.

(vii) Operational Problems: A description of the major problems which have

arisen in the body's activities, including details of requisite Government

action to overcome such problems e.g. the amendment of the enabling

Act.

(viii) Subsidiaries: Details of subsidiary companies formed, or interest

acquired in existing companies, are to be provided. It is a desirable

practice to include the annual report of such subsidiaries as are

controlled by the parent authority with the report of that authority, where

this is feasible.

188

APPENDIX Ill

RESPONSES Ra.A TING TO

TIMBJNESS OF REPORTS

189

ACCOUNTING STANDARDS REVIEW BOARD

11 December 1990

Ms B McNaughton Secretary Standing Committee on Legal and Constitutional Affairs Parliament House CANBERRA ACT 2600

Dear Ms McNaughton,

211 Hawthorn Road [P.O. Box 132).

CAULFIELD. VICTORIA 3162 Tel [03) 523 8111 Fax [03) 523 5499

Further to your letter of 19 November 1990 I wish to advise that the ASRB 1988-9 Annual Report was signed by the then Chairman of the ASRB Mr Stan Droder on 30 September 1989 and forwarded to the Chairman of the Ministerial Council for Companies and Securities, as required by Section 266(G) 1. As is customary a copy was also forwarded to the National Companies and Securities Commission to facilitate distribution thereof.

While in no way the responsibility of the ASRB, it is my recollection that the delay that was then encountered in the Report being tabled in Parliament arose in relation to printing problems in the relevant Government Departments.

Yours sincerely,

GB Standish Chairman

RESTRictlfu COMMONWEALlll OF AUS11tALIA

AUSTRALIAN SECURITY INTElliGENCE ORGANIZATION

OFI'ICE OF THE Olllt£CTOR GENEflltAL

The Secretary Senate Standing Committee on Legal and Constitutional Affairs Parliament House CANBERRA ACT 2600

'01 ,..,_

... ....,. OOCUMIIIT S. i1 fJ .. ,,_ tf

....__Act ltl1 â¢ ...,.,.....,.., ... .r.n.

Cll'llllllal ..... .,.,.,"'-..

SSI"lt ...

8004

ASIC Report to Parliament 1988-89

BOX 2176 G.P.O. CANBERRA CITY 2601

;;) 7 November 1990

Reference Is made to your letter of 19 November 1990 and to the Senate resolution of 14 December 1989 relating to Annual Reports tabled In the Senate.

The Australian Security Intelligence Organization Act 1979, s 94(1) requires that the Director General of ASIC fumish the Attorney-General with a report of the Organization's activities for each year ending on 30 June and as soon as practicable after that date. That report for 1988-89 was provided to the Minister on 12 December 1989.

Sections 94(3) and (4) of the ASIC Act require the Minister to lay before each House of the Parliament a copy of that report within 20 sitting days of that house. Certain deletions may be made to the Report to Parliament by the Minister, after obtaining advice from the Director General, to avoid prejudice to security, the defence of the Commonwealth, the conduct of the Commonwealth's lntematlonal affairs or the privacy of individuals.

ASIO's Report to Parliament 1988-89 was tabled in the Senate on 21 May 1990, the tenth sitting day after the Minister received ASIO's classified Annual Report. It was tabled In the House of Representatives on 31 May 1990, again the tenth sitting day after the Minister received ASIO's Annual Report.

It should be noted that neither House sat In 1990 untB 8 May 1990, after the election of the 36th Parliament. I believe ASIO's Report to Parliament was laid before each House of the Parliament by the Minister well within the time allowed in s 94(3) of the ASIC Act.

I would be pleased to provide any further clarification of these matters should you require it.

John M Moten Director-General of Security

RESTRICTED

COMMONWEALm OF AUSTRALIA

AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION

The Secretary Senate Standing Committee on Legal and Constitutional Affairs Parliament House CANBERRA ACT

â¢oâ¢ Noun

1.1111"' OOCUMIIn 5ft S I t1 ... ,,..._ II

llilllrlllllaiAct lCI .....

CMWIIIt.- ..... ..

SSik21 â¢ l!lelltla.tktN9_.,

8214

ASIO Report to Parliament 1988-89

BOX 2176 G.P.O.

CANBERRA CITY 2601

r' December 1990

Reference Is made to your letter of 29 November 1990 concerning ASIO's 1988-$ Report to Parliament

I confirm that ASIO's Annual Report to the Attorney-General for 1988-$, as required by s 94(1) of the ASIO Act, was provided to him on 12 December 1989. The Act requires the Minister to present a copy of that Report to Parliament with certain deletions made on grounds specified Ins 94(4), after obtaining advice from the Director-General of ASIO. These deletions are determined through consultation with the Attorney-General after he has received the dasslfied version of ASIO's Annual Report. The letter of transmittal, dated 12 February 1990, refers to that copy of the Annual Report from which deletions have been made and Is called ASIO's Report to Parliament

The apparent discrepancy in dates, between December and February, Is thus explained by the fact that ASIO prepares two versions of Its Annual Report - a dasslflecl version for the Minister and an undasslflecl version for presentation to Parliament

I have no objection to my memorandum 8004 of 27 November 1990 or this memorandum being reproduced In appendices to the Committee's Report

John M Moten DIRECTOR-GENERAL OF SECURITY

UNCLASSIFIED

ATIORNEY-GENERAL'S DEPARTMENT

OFFICE OF LEGAL AID AND FAMILY SERVICES

30 November 1990

Ms B McNaughton Secretary Senate Standing Committee on Legal and Constitutional Affairs Parliament House CANBERRA ACT 2600

Dear Ms McNaughton

IN REPLY PLEASE QUOTE

LAF90/2092

RECEIVED 6DEC 1990

I am replying to your letter of 19 November 1990 addressed to the Chairman of the National Legal Aid Representative Council concerning the time of tabling of its 1988-89 annual report.

I am writing to you because there is at present no Chairman or any member of the Council. When the terms of appointment of the then Chairman, Mr T A Worthington QC, and the members of the Council expired late last year the Minister for Justice and Consumer Affairs decided to defer making fresh appointments pending the presentation to him by the National Legal Aid Advisory Committee (NLAAC) of a report on a wide-ranging review of legal aid policies and programs which was then due by March 1990. In the event the report was not

presented until 23 July 1990.

The Minister intends making a statement to the Senate before the end of this session on the future of the Council. In relation to the question of whether or not the tabling of the Council's 1988-89 annual report was late, the factual situation is that the report was transmitted to the Minister at the same time as was the annual report of the NLAAC. This

has been correctly recorded , on page 14 of the draft President's report that you forwarded with your letter, as being 29 December 1989.

Address all correspondence to

The Director. Office of Legal Aid and Family Services. Attorney-General's Department National Circuit. Barton. AC.T. 2600. Australia Tel: (06) 250 6666. Fax: (06) 250 5924

193 -2-

In these circ*mstances it is submitted that the report was not, in fact, late as it was transmitted to the Minister

within six months of 30 June 1989 and was tabled within fifteen sitting days of receipt by the Minister . I would appreciate it if the President's report could be amended to reflect this situation. Please let me know if you need further information .

Yours sincerely

Assistant Secretary Legal Aid Development Branch

Telephone General: (02) 252 2822

22 November 1990

ATTORNEY-GENERAL'S DEPARTMENT

SPECIAL INVESTIGATIONS UNIT

GPO Box 0843 Sydney NSW 2001

Ms Bronwyn McNaughton Secretary Standing Committee on Legal and Constitutional Affairs

Parliament House

RECEIVED 2 9 NOVl990

CANBERRA ACT 2600

Dear Ms McNaughton,

Further to your letter of 19 November 1990 regarding the late tabling of the Special Investigations Unit's

Annual Reports in the Senate.

Responsibility under section 2l(l)(b) of the War

Crimes Amendment Act 1989 to table the Annual Report

rests with the Attorney General. In answer 223 on notice, comment:-

to a House of Representatives question No. The Hon. Michael Duffy made the following

"{1) On 13 November 1989 Mr Greenwood submitted a

report on the operations of the SIU to the

Attorney-General's Department. My predecessor, Mr Lionel Bowen received the draft report on 23 November 1989. In itself, this is not the

report required by the Act, which needs to have regard to matters other than SIU operations.

The Department carried out the consultation

required by Section 21 of the War Crimes Act

with the Director of Public Prosecutions and

the Office of Legal Aid Administration (as it

then was) and the Report was finalised and

printed during the Parliamentary recess.

(2) Parliament resumed on 8 May 1990.

was tabled in the Senate on 23 May

House of Representatives on 31 May within the statutory requirement of days after its preparation."

The Report and in the

1990, both

15 sitting

195

The above response represents the true situation as I understand it and accordingly this would appear to

dispose of the matter.

If you have any further queries please let me know.

R.F. Greenwood QC Director

AITORNEY-GENERAL 'S DEPARTMENT

TEL: 71 11111

14 December 1990

Me Bronwyn McNaughton Secretary Standing Committee on Legal Conatitutional Affairs Parliament House CANBERRA ACT 2600

Dear Ma McNaughton

and

ROBERT GARFIAN OFFICES NATIONAL CIRCUIT BARTON A.C.T. 2600

PLEASE QUOTE:

YOUR REF:

I refer to your letter of 3 December to Mr Greenwood QC, the Director of the Special Investi9ationa Unit, and our telephone conversations of 11 and 13 December, concerning the preparation of the 1989/89 report required by â¢.21 of the War Crimea Act.

We spoke yesterday of my preliminary view that e.34C(2) of the Acts Interpretation Act 1901 doeâ¢ not apply to where the Minister is required to cause a

report to be prepared for presentation to Parliament. That view has now been confirmed by our General Counsel Division, and I enclose a copy of a minute to me by

Mr Jesâ¢op, one of our Senior General Couneel.

Accordingly, I do not think it would be appropriate for me to comment as to the date on which the 1988/89 â¢.21 report was finalised and sent to be printed.

Mr Jessop'â¢ minute is addressed only to the question of a report under e.21 of the War Crimea Act. However, there is nothing in the reaaoning contained in that minute which would prevent it having wider application.

Yours â¢incerely

(Norman S Reaburn) Deputy Secretary

1 9 7

CommonweoHh of Aus1rono

ATTORNEY-GENERAL'S DEPARTMENT CANAERRA OCD90/17670

War Crimes Act 1945: Annual Report under

s.21

Mr Norman Reaburn Deputy Secretary

I refer to Mr Dabb's minute of 12 December 1990 askin9 whether Part VII of the Acts Interpretation Act 1901 imposes an obliQation on the Attorney-General to prepare the report that he is required to prepare s.21 of the War Crimes Act 1945 within 6 months

of 30 June each year.

2. Section 21 of the Act requires the

Attorney-General to cause the report to be prepared 'as soon as practicable after 30 June in each year'. The only relevant provision in the Acts Interpretation Act is s.34C which provides that where an Act not

specify a within which a periodic report is to

be furnished it is to be furnished as soon as

practicable after the end of the particular period to which the report relates, and in any event, within 6 months after the end of that period. But s.34C applies only where a person is required to furnish a

periodic report to a Minister. It does not apply where the obligation under the Act in question is placed directly on the Minister have the report prepared and to furnish the report to Parliament.

3. Accordingly, nothing in the Acts Interpretation Act applies to s.21 of the War Crimes Act in relation to the time for preparation of the Minister's annual report.

C) . ';. , _ ___ ,/),_

(D A J!,SOP) Senior General Counsel Counsel 3 Unit Office of General Counsel

Tel: 250 6415

14 December 1990

198

APPENDIX IV

CRITERIA FOR ASSESSING REPORTS ON THE OPERATION OF ACTS

{drawn from the Cornrnittsds

Report on Annual Reports Referred to the Committee, May 1990, pp 1)

reference to relevant legislation, including source of obligation to report

information on relevant legislative amendments, including explaining their effect

reference to relevant judicial decisions, and discussion of their implications

clear layout, tables of contents and, for large reports, indexes

descriptive and statistical information on the operation of the legislation,

addressing the following issues:

the objects of the legislation and indicators of whether they are being

achieved;

where relevant, the priorities of the responsible officers or agencies;

the social and economic effects of the legislation and its effect on

individual citizens;

any need for amendment of the legislation;

the level of activity under the legislation (eg number of cases dealt with);

and

199

resources devoted to administering the legislation

any legislative requirements as to the content of the report, and a summary

showing where in the report the relevant information is located

200

SENATE STANDING COMMITTEE ON TRANSPORT, COMMUNICATIONS AND INFRASTRUCI1JRE

REPORT ON TilE

EXAMINATION OF ANNUAL REPORTS

DECEMBER1990

Chairman:

Members:

Secretary:

Research Staff:

201

MEMBERS OF THE COMMITTEE

Senator D.J. Foreman (ALP, SA)

Senator H.G.P. Chapman (LP, SA) Senator J.P. Faulkner (ALP, NSW) Senator C. Kernot (AD, QLD) Senator I.D. Macdonald (LP, QLD) Senator J.H. Panizza (LP, WA) Senator C. Schacht (ALP, SA) Senator the Hon. P.A. Walsh (ALP, WA)

Mr. T. Magi Telephone: (06) 2773545

Mr. S. Curran Mr. J . O'Keefe

The Senate, Parliament House, CANBERRA, ACT 2600

202

TERMS OF REFERENCE

Annual Reports Resolution - 14 December 1989

(3) That annual reports be referred to the standing committees, and the President forward the reports to the committees, m accordance with the lists provided under paragraph (2) .

( 4) That, in accordance with recommendation 27 of the report referred to in paragraph (1), each committee examine each annual report referred to it and report to the Senate whether the report is apparently satisfactory.

203

(6) That each committee investigate and report to the Senate on any lateness in the presentation of reports, having regard to the list provided by the President under paragraph (1).

(7) That, in considering an annual report, a committee take into account any relevant remarks about the report made in debate in the Senate.

paragraphs 6.21 and 6.25 of that report.

(Journals of the Senate, No . 218, 14 December 1989, pp. 2377-8.)

2 04

TABLE OF CONTENTS

Terms of Reference

Chapter 1 Introduction

Chapter 2 Reports Examined Statutory Authorities Advisory Council on Australian

Archives Australian Archives Australian Electoral Commission Australian Postal Corporation Australian Telecommunications

Corporation Commonwealth Grants Commission Federal Airports Corporation Non-Statutory Bodies

Commonwealth Fire Board Genetic Manipulation Advisory Committee Government Companies

AUSSAT Pty. Ltd. OTC Limited Qantas Airways Limited

Page

11 11

11 12 12 13 14

205

TABLE OF CONTENTS

Chapter 3 Committee's Comments Timeliness

Appendix 1

Contact Point for Inquiries Ministerial Powers of Direction Acknowledgments

Annual reports referred to the Committee

Appendix2 The adherence to reporting guidelines of annual reports examined

Page

15 15 15 15 16 17

19 19

206

CHAPTER!

INTRODUCTION

1.1 Annual reports should provide a significant tool in

analysing whether the bodies reporting are achieving their objectives

in the most efficient and effective manner. For the purpose of

evaluation criteria, the annual reports referred to the Committee fall

into one of four categories:

departmental reports, which the Public Service Act 1922

requires to be prepared in accordance with guidelines presented

to the Parliament by the Prime Minister after approval by the

Joint Committee on Public Accounts. The current version of

these guidelines appears in Senate, Hansard, 18 November 1987,

pp. 1921-24.

statutory authorities, which are prepared subject to the now

somewhat dated 'Guidelines for the Content, Preparation and

Presentation of Annual Reports by Statutory Authorities' set out

in Senate, Hansard, 11 November 1982, pp. 2261-62.

Departments were advised in April 1990 by the Department of

Prime Minister and Cabinet that, because these guidelines were

1.2

207

dated, it might be appropriate for some bodies other than

departments to use the departmental guidelines.

non-satutory bodies, for which there are no official guidelines

when, as is the case with the reports reviewed here, they issue

free-standing reports separate from the report of their parent

department.

government companies, for which there are no official

guidelines. However, the Senate Standing Committee on Finance

and Public Administration, Government Companies and their

Reporting Requirements, November 1989, p. xiv, recommended

that 'the annual reports of directly held government companies

should conform to the guidelines set down for annual reports of

statutory authorities', in addition to any applicable requirements

imposed by companies legislation. (In this context 'directly'

means not a subsidiary of another government company or of a

statutory authority.)

In addition, legislation specifically dealing with a body

may impose other annual reporting requirements.

1.3 This is the second report on annual reports by the

Committee. On 29 May 1990, the Chairman of the Committee, Senator

D. J. Foreman, tabled the Committee's first report. The current report

covers annual reports received in the period from the completion of the

May report until 30 November 1990. Appendix I lists all the annual

reports which are allocated to the Committee for examination. Annual

208

reports of the two departments allocated to the Committee,

Administrative Services, and Transport and Communications, were not

received in time to be included in this report.

1.4

from:

1.5

The 12 annual reports covered by this report are those

statutory authorities

Advisory Council on Australian Archives

Australian Archives

Australian Electoral Commission

Australian Postal Corporation

Australian Telecommunications Corporation

Commonwealth Grants Commission

Federal Airports Corporation

non-statutory bodies

Commonwealth Fire Board

Genetic Manipulation Advisory Committee

government companies

AUSSAT Pty Ltd

OTC Limited

Qantas Airways Limited

The report from the Genetic Manipulation Advisory

Committee relates to 1988-89. Each of the remaining annual reports

examined relates to the organisation's reporting year ending in 1990.

209

Under paragraph (6) of its terms of reference (which are set out on

p. v) , the Committee is required to have regard to the President's

Report on Annual Reports in relation to reports received outside the

time allowed for tabling. Of the annual reports examined by the

Committee here, only that of the Genetic Manipulation Advisory

Committee is listed in the most recent President's Report, which is

dated August 1990. The listing indicates that the report was not

received late.

1.6 Under paragraph (7) of its terms of reference, the

Committee is required, in considering an annual report, to 'take into

account any relevant remarks about the report made in debate in the

Senate'. In preparing its report the Committee examined the Hansards

of both the Senate and its Estimates Committees for this purpose.

There were no comments by Senators concerning the quality of the

annual reports covered by this report.

210

CHAPTER2

REPORTS EXAMINED

STATUTORY AUTHORITIES

Advisory Council on Australian Archives Annual Report 1989-90

Tabled in the Senate on 17 October 1990.

This report covers the financial year ended 30 June 1990.

2.1 The Committee acknowledges that the Advisory Council

on Australian Archives has no decision making or other powers

directly affecting members of the public. It also operates from a small

budget. The Committee considers the Council's brief report to be

satisfactory.

Australian Archives Annual Report 1989-90

Tabled in the Senate on 17 October 1990.

This report covers the financial year ended 30 June 1990.

2.2 The Committee notes that the Australian Archives has

opted to prepare its annual report in accord with the 'Guidelines for

211

the Preparation of Departmental Annual Reports'. The Committee

found particularly helpful the section on page 76 which cross

referenced the requirements of the guidelines to the contents of the

report. The Committee notes also that this report contains a

comprehensive index. The Committee was impressed by the level and

quality of the statistical material set out in the report dealing with the

operations of the Archives.

2.3 This is a well presented and satisfactory report.

Australian Electoral Commission Annual Report 1989-90

Tabled in the Senate on 14 September 1990.

This report covers the financial year ended 30 June 1990.

2.4 This is a well presented report setting out in detail the

activities of the Authority during the year. Appendix B of the report,

titled 'Statement under Section 8 of the Freedom of Information Act

1982', provides comprehensive information on the organisation and

responsibilities of the Commission. The report also provides a detailed

table of contents and an index.

2.5 The Committee's only criticism of this report is that it

does not provide the terms for which appointment of the current

Commissioners, the Deputy Electoral Commissioner, and the

Australian Electoral Officers for each State and the Northern Territory

are made.

212

2.6 In other respects the report is satisfactory.

Australian Postal Corporation Annual Report 1990

Tabled in the Senate on 15 November 1990.

This report covers the financial year ended 30 June 1990.

2.7 The Committee notes that under sub-section 43(a) ofthe

Australian Postal Corporation Act 1989the Corporation is required in

its annual report to 'include the objectives of Australia Post and its

subsidiaries under the corporate plan'. However, the objectives of the

only subsidiary, Sprintpak Pty. Ltd., are not provided in the report.

2.8 The Committee considers that although the report is not

lengthy there are sub-headings used in the text. It would be useful for

better reference to the report's contents if the sub-headings and their

page numbers appear in the table of contents.

2.9 In other respects the report is satisfactory.

Australian Telecommunications Corporation Annual Report 1990

Tabled in the Senate on 17 October 1990.

The report covers the financial year ended 30 June 1990.

2.10 A black and white version of the annual report was

produced by the Corporation for the Parliament. A version with full

213

colour photographs is also produced to promote the Corporation's

activities in the community.

2.11 Under sub-section 39(a) of the Australian

Telecommunications Corporation Act 1989 the Corporation's annual

report is required to 'include the objectives of Telecom and its

subsidiaries under the corporate plan'. The Committee notes that the

annual report sets out the objectives of the Corporation under the

corporate plan on pages 14-17. Although an 'outline of the objectives

and year's achievements' of the subsidiaries is provided on pages 49-51,

this is not linked to the corporate plan.

2.12 The report, although supplying adequate information on

the management structure of the Corporation, provides limited

information on staffing within the Corporation. For example, there is

no breakdown of staff numbers in work categories.

2.13 Apart from the foregoing comments, overall the report is

satisfactory.

Commonwealth Grants Commission Fifty-seventh Report 1990

Tabled in the Senate on 28 November 1990.

The report covers the financial year ended on 30 June 1990.

2.14 This is an impressive annual report which meets all the

guidelines set for the presentation and content of annual reports

produced by statutory authorities.

214

2.15 The Committee notes that the report contains an index

and it is pleased to see that the Commission has provided on page 26

the name, address and telephone number of a contact officer for

inquiries on the annual report.

2.16 The Committee considers the report to be satisfactory.

Federal Airports Corporation Annual Report 1989-90

Tabled in the Senate on 10 October 1990.

The report covers the financial year ended 31 March 1990.

2.17 In its previous report the Committee drew attention to

the following four matters:

the inadequacy of information provided on staffing;

the lack of information on the powers of the Minister in relation

to operations of the Corporation;

the lack of a clear statement on the legislation under which the

Corporation operates; and

the lack of detail on the terms of appointment of members to

the Federal Airports Corporation Board.

2.18 The Federal Airports Corporation 1989-90 report contains

the legislative provisions setting out the powers of the Minister and

215

under which the Corporation operates. It sets out Corporation staffing

by location, but does not identify staff totals in work categories. The

report still does not set out the terms of appointment of members of

the Board. The Committee notes that the Corporation continues to

ignore the guideline on statutory authority reporting which requires

the terms of appointment to be specified in annual reports.

2.19 The Committee also notes that the table of contents does

not provide references to sub-headings in the section on 'Airport

Operations'. This section provides the location by location description

of the Federal Airports Corporation's 23 airports. A full table of

contents aids the reader locate material in the report, particularly

where, as with this report, no index is provided.

2.20 Statutory authority reporting guideline (vii) refers to

'Operational Problems'. The Committee's report on The Organisation

and Operations of the Federal Airports Corporation and the Civil

Aviation Authority made a number of recommendations aimed at

overcoming operational problems which were identified in the report.

The annual report mentions the Committee's report and the

Committee considers that it would have been useful to have the

Corporation's reaction to the recommendations in its annual report.

2.21 Apart from the foregoing comments, the Committee found

this report satisfactory.

21 6

NON-STATUTORY BODIES

Commonwealth Fire Board Annual Report 1989-90

Tabled in the Senate on 29 November 1990.

This report covers the financial year ended 30 June 1990.

2.22 The objectives of the Board along with details of its

activities during the year are clearly set out in this annual report. The

Committee is pleased to note that a contact officer ' .. . for information

regarding matters contained in this report' is identified on page 24 of

the report.

2.23 Although this report, being one from a non-statutory

body, did not have to be written to any specific guidelines, the

Committee found it to be satisfactory.

Genetic Manipulation Advisory Committee:

Report for the period 22 August 1988 to 30 June 1989

Tabled in the Senate on 21 May 1990.

2.24 This report provides a good historical outline of the

activities of the Genetic Manipulation Advisory Committee along with

details of its functions.

2.25 There is no information in the report on expenditure.

Readers are unable to gauge from the report whether any expenditure

217

is incurred by or on behalf of the Committee. Inclusion of a statement

on this expenditure in future reports would be useful. This is

particularly so in that it would appear that details of expenditure on

the Committee are no longer to appear in the relevant Portfolio

Explanatory Notes provided to the Senate for use by its Estimates

Committees. The Explanatory Notes 1990-91: Administrative Services

Portfolio (Budget Related Paper No . 6.1) did not provide this

information, although the previous year's Explanatory Notes did,

showing that outlays on the Committee's secretariat in 1988-89 were

$248 000.

2.26 Apart from this matter, the Committee found the report

to be satisfactory.

GOVERNMENT COMPANIES

AUSSAT Pty. Ltd. Annual Report 1990

Tabled in the Senate on 12 November 1990.

The report covers the financial year ended 30 June 1990.

2.27 AUSSAT's annual report is a quality presentation

obviously geared to promote the company in the commercial field . The

218

report makes extensive use of full colour photographs to illustrate

some aspects of its operations, again for promotional purposes.

2.28 The Committee considers that to assist readers the table

of contents in the report should make full reference to the sub

headings appearing in the text. Otherwise it is a satisfactory report.

OTC Limited Annual Report 1990

Tabled in the Senate on 9 October 1990.

The report covers the financial year ended 31 March 1990 ..

2.29 The OTC annual report is quality presentation aimed at

promoting the company's commercial activities as well as reporting on

the year's performance.

2.30 As it is a sizeable document the Committee considers that

it would have been helpful for readers if the table of contents had

listed the sub-headings in the text and the pages on which they appear.

Apart from the foregoing comment, the report is satisfactory.

2.31 OTC also provided a 1988/1989 annual report on Equal

Employment Opportunity as a separate document to the annual report.

219

Qantas Airways Limited Annual Report 1989-90

Tabled in the Senate on 26 November 1990.

The report covers the financial year ended 30 June 1990.

2.32 The Qantas annual report gives a most comprehensive

account of the company's operations and performance.

2.33 The Committee notes that the terms of appointment of

Qantas Directors are not provided in the report. Apart from the

foregoing comment, the report is satisfactory.

220

CHAPTER3

COMMITTEE'S COMMENTS

Timeliness

3.1 All the annual reports the Committee examined for this

report were tabled in the Senate within the required reporting time

period.

Contact Point for Inquiries

3.2 In its first report on annual reports the Committee

recommended that annual reports should list a contact point where

any initial inquiries on a report could be directed. The Committee

acknowledges that four of the reports listed a contact. Other reports

provide a contact point for Freedom of Information matters, but there

is no indication that inquiries to that source would provide information

on the annual reports.

3.3 The Committee still considers that annual reports should

list a contact point for inquiries related specifically to these documents.

221

Ministerial Powers of Direction

3.4 Sub-paragraph (ii) of the guidelines for the content of the

annual reports of statutory authorities requires the inclusion in annual

reports of 'a description of any statutory powers of direction which the

Minister has over the authority and details of the exercise of any such

powers, subject to the need to protect confidential information'.

3.5 The Committee considers that this reporting should cover

both the positive and negative cases. In other words, reports should

state that such powers have not been used during the reporting year,

where this is the case. Some of the annual reports under review do not

do this. This leaves the reader in some uncertainty. The powers may

not have been exercised. Alternatively, the powers may have been

exercised but the report has omitted to deal with the issue, or has dealt

with it in another part of the report which the reader has failed to

find. Many reports do not contain an index. For such a report, the

reader may have to read the entire document in order to be sure that

a reference to the exercise of Ministerial powers is not included, before

being in a position to make an inference that no such exercise

occurred.

3.6 Reporting requirements for some bodies are now set out

in legislation, including references to use of Ministerial directions. For

example, sections 39 and 40 of the Australian Telecommunications

Corporation Act 1989 do this, but require reporting only when

directions are given. The Committee would prefer that such statutory

222

provisions require negative as well as positive reporting. However,

even where they do not, the Committee considers that negative

statements on the exercise of Ministerial directions should be included

in annual reports as a matter of good practice.

Acknowledgments

3. 7 The Committee expresses its gratitude to the Senate

Standing Committee on Legal and Constitutional Affairs for providing

its checklist for adherence to guidelines which this Committee has used

in Appendix 2. The Committee also thanks its secretariat staff for their

assistance with the preparation of the report.

The Senate

December 1990

D.J. Foreman

Chairman

223

ANNUAL REPORTS REFERRED TO THE COMMITTEE

Administrative Services Portfolio

2* 3* 4* 5* 6*

Department of Administrative Services Advisory Council on Australian Archives Australian Archives Australian Electoral Commission

Commonwealth Fire Board Commonwealth Grants Commission

APPENDIX 1

7* Genetic Manipulation Advisory Committee, Report for the p e r iod 22 . 8.88 to 30 . 6.89.

8 Parliament House Construction Authority

Transport and Communications Portfolio

9 Department of Transport and Communications 10* AUSSAT Pty. Ltd. 11 Australian Airlines Ltd.

12 Australian Broadcasting Corporation 13 Australian Broadcasting Tribunal 14 Australian National Railways Commission 15* Australian Postal Corporation 16 Australian Shipping Commission 1 7* Australian Telecommunications Corporation 18 Civil Aviation Authority 19* Federal Airports Corporation 20 Independent Air Fares Committee 21 Inter-State Commission 22* OTC Limited

23* Qantas Airways Limited 24 Special Broadcasting Service

224

APPENDIX2

THE ADHERENCE TO REPORTING GUIDELINES

OF ANNUAL REPORTS EXAMINED

(i)

(ii)

(iii)

(h)

225

AI!HQN, RIPQRTS: APRERINCI 'J'Q GYIPILIJ!IS. - STATU]'ORI AUTIJQRITIBS

ln&bling l egialations A clear atat ... nt of â¢ â¢ â¢ â¢ â¢ â¢ â¢

the (if â¢ .. â¢ â¢ â¢ â¢ â¢ ... ... ... ... ... ... ...

any) under which the organieation operataa .

Reeponaible Miniaters T\) be ahovn. A deacription of any etatutory powerâ¢ of direction which the

Miniate r haa oâ¢e r the â¢ â¢ â¢ e â¢ â¢ â¢ authority and detailâ¢ â¢ e â¢ â¢ â¢ â¢ â¢ ot the exerciee of any ... ... ... ... ... ... ... euch aW>jact to the need to protect confidential intoraation, to be included. Pov.ra, Functionâ¢ and â¢ â¢ â¢ â¢ â¢ â¢ â¢ â¢ â¢ â¢ :. â¢ â¢ â¢ Objectâ¢ â¢ Tl> be detailed. ... ... ... ... ... ... and Staffs A liat of the of the body and their c c 0 0 of appointaent, to9ether ... ... vith liating of aenior .. .. â¢ â¢ exacutiYe atatf and a E atat ... nt of the total 0 0 nllllbar of ataft _.loyed .. .. c ;; by the organiaation. In ... addition, the buia t o r § § ataffing of the organiaationa ahould be â¢ â¢ identified. The acldreaa "' "' and phone nuabar of the c ;; ... officer ... ... a hould alao be included. . â¢ u â¢ u â¢ â¢ Cl â¢ â¢ Cl ! â¢ â¢ ... ... .... ... ... ... c

â¢ ... â¢ .. â¢ â¢ ... .. .c u .. â¢ â¢ â¢ e , " " " " :!

226

(V) Financial Stat-ntaâ¢

All Govern.ent bodiea ahould provide atat.aenta which adequately diacloae financial aapecta of their

activitiea. ror ez&JIIPle, where the fora of a body'& financial atat ... nta ia

approved by the Kiniater for Finance, the appro'red fona â¢uat, of courâ¢â¢â¢ be followed; where an unincorporated body haa no apecific financial reaponaibilitiea and no financial reporting requir ... nt exiata, it aight be appropriate to diacloae departaental receipt& and

expenditure& relevant to ita operation&, while avoiding unneceaaary e â¢ â¢ â¢ â¢ â¢ â¢ duplication of the ., ., ., .. .. ., .. information contained in ... ... .. .. .. .. .. ita annual Financial Stat ... nte prepared by the Kiniater for Financa. The requir ... nt for adequate diacloeure will extend to bodiea incorporated under commpaniea legialation if the Commonwealth ia aola owner or ahareholder; thia will not affect tha need to aatiafy the reporting requir ... nta under coapany law. The Department of Finance and the Auditor- General'& Office are preparing guideline& which will aaaiat Commonwealth undertaking& in preparing financial atat-nta: an axpoeure draft entitled 'Propoaed Guideline& for the Pora and Standard Financial Stat ... nta of Commonwealth Ondertakingaâ¢ waa iaaued in Auguat 1'80. The axpoaure Draft has been conaidered by the relevant Parliam.ntary Committ .. a. " 0 II ... ., .. > .. .... .. "" u .. oC 8 " c 0 c .. ... c e 0 c ... e 0 c ... .... e ... 0 e 0 .. ... .. ... a ... .. .. .. ... .. .. .. .. .. â¢ u .. " f.J ... oC c f.J .... 0 " c e .. f.J ! e 0 0 â¢ .. .. f.J > 0 .... c â¢ .... ... .. e u .. .... "" u .. â¢ .. .. u u ! â¢ .... I' .. c .. ,£ ., " oC .. .. "" 0 .. f.J c c c c .... ... .. .. II .. .. oC > ... ... ... ... .. .... .. .... .... .... .... ) 0 .. .. .. .. c .. II .. .. .. .. .. .... .. .. ... ... .. > â¢ â¢ â¢ â¢ .., 't> " " " " 0 ..

227

(vi) Activitiea and Reportat A deacription of the principal proqra.a and activitiea of tha body

noting objective& and reviewing acbiev ... nta. In!oraation on interaction vith other authoritiea, departaenta and State and â¢ â¢ â¢ â¢ â¢ â¢ â¢ e e e e e II II international bodiea ... ... ... ... ... ... ... ahould be provided aa ahould a liat of publication& during the reporting period. (Yii) Operational Probl ... , A deacription o! the aajor probl ... which have arieen in the body'a activitiaa, including detail& o! â¢ â¢ â¢ â¢ â¢ â¢ â¢ raquiaite Governaent action e e e e II II II to overcoee aucb probl ... ... ... ... ... ... ... ... e.g. the amen=-ent o! the enabling Act. (viii) Subeidiarieet Detail& o! aubeidiary companiea formed, or intereat acquired in exiating coapaniea, are to be proâ¢ided. It 1a a deairable practice to include the annual report â¢ e â¢ â¢ â¢ " .. ot aucb aubeidiariea aa are .... .... .... II II ..... ..... controlled by the parent c c c ... ... c c authority vitb the report o! that authority, where thia 1a !eaaible.

â¢ ....

II ..

â¢ .. .... .. s:. " .. c 0 c "' c c 0 â¢ .... c â¢ 0 .... â¢ 0 c .... c .... â¢ .... 0 â¢ 0 .. .... .. .... â¢ .... .. .. .. .... .. .. .. .. E .. â¢ " .. " "' .... 0 r: c c "' .... 8 I c â¢ .. â¢ 0 0 II .. .. "' .. 0 .... c .... .... .. â¢ " " â¢ .... s:. " .. II .. .. " " II e .... C) .. c .. .... i. I! r: " c .. s:. 0 "' c c c c .... .. .. " " " c ... .... .... .... .... II .. .... .... .... .... ) .... 0 .. .. â¢ .. c .. â¢ .. .. .. .. .. .... .. ... .. .. " .. â¢ â¢ â¢ â¢ , , " " " " 0 II c c c c c u ..

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