This Annual Report is prepared in accordance with section 144ZB of the Aboriginal and Torres Strait Islander Act 2005 (Cth), and all other sections.
As a Commonwealth Authority, the TSRA is also required to prepare an Annual Report in accordance with:
- requirements of the Commonwealth Authorities and Companies Act 1997 (Cth), as set out in the Commonwealth Authorities (Annual Reporting) Orders 2011
- requirements of other Commonwealth legislation, namely the Commonwealth Electoral Act 1918, the Environment Protection and Biodiversity Conservation Act 1999, the Freedom of Information Act 1982 and the Work Health and Safety Act 2011.
Table 7-1 below details the reporting requirements and provides the location of the relevant information within this Annual Report.
Any inquiries relating to this Compliance Index can be directed to the TSRA by phone on (07) 4069 0700 or (toll free) 1800 079 093, or by email to firstname.lastname@example.org.
|Guiding Legislation Requirement||Page reference|
|Aboriginal and Torres Strait Islander Act 2005- Section 144ZB|
|(2) Certain matters must be included in the Annual Report. The TSRA must include in each Annual Report details of:|
|Any directions given by the Minister under section 142E||Page 113|
|Any consultants engaged under section 144T||Page 210|
|(3) Report must include details of grants. if a grant was made by the tsra during a financial year to an individual or body, then, in addition to the matters referred in subsections (1) and (2), the Annual Report for that year must set out:|
|The name of the individual or body||Page 206|
|The amount and purpose of grant||Page 206|
|(4) Report must not disclose sacred matters:|
|The TSRA must not disclose in any annual report any matters known by the TSRA to be held sacred by Torres Strait islander or Aboriginal persons||Page 150|
|(5) Report must include certain details about consultants|
|If an annual report gives details of a consultant engaged under section 144T, the report must set out any significant differences between the terms and conditions on which that consultant was engaged and the standard terms and conditions for the engagement of consultants by the TSRA as set out in the instrument referred to in subsection 144T(3)||There have been no deviations from the standard terms and conditions|
|Commonwealth Authorities and Companies Act 1997 (Cth) – Part 3, Division 2—Reporting Obligations, Subdivision A—Annual report and related obligations|
|(9) Directors must prepare an annual report|
(1) the Directors of a Commonwealth Authority must:
(a) prepare an annual report in accordance with schedule 1 for each financial year; and
(b) give it to the responsible Minister by the deadline for the financial year for presentation to the Parliament.
(a) This requirement has been met
(b) This requirement has been met
|Commonwealth Authorities and Companies Act 1997 (Cth) – Schedule 1 annual Report for Commonwealth Authority|
|Part 1 – Contents of Annual Report|
|(1) Summary of contents the annual report must include:|
|(a) A report of operations, prepared by the directors in accordance with the Finance Minister’s orders;||Page 15 - 114|
|(b) financial statements, prepared by the directors under clause 2 of this schedule; and||Page 154 - 200|
|(c) the Auditor-General’s report on those financial statements, prepared under Part 2 of this schedule and addressed to the responsible Minister.||Page 154 - 155|
|(2) Financial Statements|
|(1) The financial statements must be prepared in accordance with the Finance Minister’s orders and must give a true and fair view of the matters that those orders require to be included in the statements.||Compliant|
|(2) If financial statements prepared in accordance with the Finance Minister’s orders would not otherwise give a true and fair view of the matters required by those orders, the Directors must add such information and explanations as will give a true and fair view of those matters.||Financial statements give a true and accurate record Page 154 - 200|
|(3) In the financial statements the directors must state whether in their opinion the financial statements give a true and fair view of the matters required by the Finance Minister’s orders.||Page 156|
|(4) if the Commonwealth Authority is a GBE or SMA, the directors must state whether or not, in their opinion, there are, when the statement is made, reasonable grounds to believe that the authority will be able to pay its debts as and when they fall due.||The TSRA is not a government business enterprise (GBE) or statutory marketing authority (SMA)|
|Part 2 – Auditor's report on Financial Statements|
|(3) Whether the statements comply with the Finance Minister's Orders|
(1) The Auditor-General must state whether in the Auditor-General’s opinion, the financial statements:
(a) Have been prepared in accordance with the Finance Minister’s orders; and
|(b) Give a true and fair view of the matters required by those orders||Page 155|
|(2) If the Auditor-General is not of that opinion, the Auditor-General must state the reasons.||Page 155|
|(3) If the Auditor-General is of the opinion that failing to prepare the financial statements in accordance with the Finance Minister’s orders has a quantifiable effect, the Auditor-General must quantify that financial effect and state the amount.||Page 155|
|(4) Proper accounting records not kept|
|If the Auditor-General is of the opinion that the Authority has contravened section 20, the Auditor-General must state particulars of the contravention.||The TSRA has not contravened Section 20|
|(5) Inadequate information and explanations|
|If the Auditor-General is of the opinion that the Auditor-General did not obtain all the necessary information and explanations, the Auditor-General must state particulars of the shortcomings.||The TSRA obtained all necessary information and explanations|
|(6) Subsidiaries' financial statements|
|(1) this clause applies if the authority’s financial statements are consolidated financial statements||The TSRA financial statements are not consolidated statements|
(2) the Auditor-General must state the name of each entity (if any) that satisfies the following description:
(a) the entity was a subsidiary of the authority at any time during the financial year; and
(b) the Auditor-General has not:
(i) Acted as auditor of the entity for the financial year; or
(ii) Audited the entity’s financial statements for the financial year.
|Not applicable, as above 6(1)|
(3) if the consolidated financial statements include information derived from financial statements of an entity of a kind referred to in subclause (2), then:
(a) if the Auditor-General has not examined those financial statements and the auditor’s report (if any) on them, the Auditor-General must state that fact; andr
(b) if an auditor’s report on any of those financial statements included any qualification, the Auditor-General must state the name of the subsidiary and the particulars of the qualification.
|Not applicable, as above 6(1)|
|(7) Deficiencies in consolidation|
If the Auditor-General is of the opinion that:
(a) Any of the financial statements that were used in preparing consolidated financial statements were not appropriate and proper, in both form and content, to be used in that way; or
(b) there was any deficiency in the procedures and methods used in arriving at the amounts taken in to consolidated financial statements; the Auditor-General must state the particulars of the deficiency
|Not applicable, as above 6(1)|
|Commonwealth Authorities (Annual Reporting) Orders 2011|
|(6) Approval by directors|
|The Annual Report of Operations must be approved by a resolution of directors of a Commonwealth authority. If the Commonwealth authority has only one director, the report of operations must be approved by that director.||Page 156|
|The Annual Report of Operations must be signed by a director and include details of how and when approval was given. The Annual Report of Operations must also state that directors are responsible for the preparation and contents of the Annual Report of Operations (as required in section 9 of the CAC Act and in accordance with the Finance Minister’s orders).||Page xxi|
|The Finance Minister may grant a written exemption to the directors of a Commonwealth authority, or a class of Commonwealth authorities, from any requirement of these orders. An exemption must be in writing and may be subject to conditions.||No exemption was granted|
|Details of an exemption relied upon by the Commonwealth authority must be provided in the Annual Report of Operations.||No exemption was granted|
|(8) Parliamentary standards of presentation|
|The annual report of a Commonwealth authority is tabled in Parliament by the responsible Minister under paragraph 9(1)(b) of the CAC Act. Once tabled in Parliament, the annual report becomes part of the Parliamentary Papers series and as such, the report must comply with the presentation and printing standards for documents presented to the Parliament.||The annual report is compliant with the presentation and printing standards for documents presented to the Parliament|
|(9) Plain English and clear design|
The Annual Report of Operations must be constructed having regard to the interests of the Parliament and other users. Information included in the report must be relevant,reliable, concise, understandable and balanced. For example, to the extent practicable:
a. use clear design, including through headings and adequate spacing;
b. define acronyms and technical terms (such as through a glossary);
c. use tables, graphs, diagrams and charts; and
d. include any additional matters that may be appropriate.
|Information included in the report is relevant, reliable, concise, understandable and balanced|
|(10) Enabling legislation|
|The Annual Report of Operations must also specify the Commonwealth authority’s enabling legislation, including a summary of its objectives and functions, as specified in its legislation.||Page 110 - 112|
|(11) Responsible Minister|
|The Annual Report of Operations must specify the name of the current responsible Minister and the names of any other responsible Ministers during the relevant financial year being reported on.||Page 113|
|(12) Ministerial directions and other statutory requirements|
Directions and Government policies
The Annual Report of Operations must provide details of:
a. directions issued by the responsible Minister, or other Minister, under the enabling legislation of the Commonwealth authority or other legislation; and
b. general policies of the Australian Government that were notified to the Commonwealth authority before 1 July 2008 under section 28 of the CAC Act (as in force before 1 July 2008) and which continue to apply to the Commonwealth authority; and
c. General Policy Orders that apply to the Commonwealth authority under section 48A of the CAC Act.
Where a direction or applicable policy has not been fully complied with, the report must include an explanation of the non-compliance.
|Page 113 and 214|
|(13) Information about directors|
|The Annual Report of Operations must include information on the directors of the Commonwealth authority. This information includes directors’ names, qualifications, experience, attendance of board meetings and whether the director is an executive or non-executive director.||Page 119 - 134|
|(14) Outline of organisational structure and statement on governance|
The Annual Report of Operations must provide an outline of:
a. the organisational structure of the Commonwealth authority (including subsidiaries); and
b. the location, in Australia or elsewhere, of major activities and facilities.
|Page 118 and 204Page 100|
Statement on governance
The Annual Report of Operations can assist a Commonwealth authority to demonstrate that its governance is sound. Consequently, the Annual Report of Operations must include information on the main corporate governance practices that the Commonwealth authority used during the financial year. For example, details should be provided on:
a. board committees of the authority and their main responsibilities;
b. education and performance review processes for directors; and
c. ethics and risk management policies.
|Page 133 Page 132 Page 131 and 141|
|(15) Related Entity Transactions|
The Annual Report of Operations must disclose the decision-making process undertaken by the board of the authority when:
a. it approves for the authority to pay for a good or service from another entity, or provide a grant to another entity; and
b. a director of the authority is also a director of the other entity that provides the good or service or receives the grant; and
c. the value of the transaction, or if there is more than one transaction, the aggregate value of those transactions, exceeds $10,000 (GST inclusive).
If decision-making processes relate to multiple transactions to a single entity, with an aggregate value of more than $10,000 (GST inclusive), then a single report can be provided that explains the number of transactions and the aggregate of expenditure.
The aim is to improve transparency around potential conflicts of interests in the operations of Commonwealth authorities.
|Page 188 - 189 The approval of payments for goods and services and provision of grants is delegated to the Chief Executive Officer|
|(16) Key activities and changes affecting the authority|
Highlighting key activities and changes that have affected the Commonwealth authority can assist the reader to understand the authority’s performance over the past financial year. Consequently, the annual report must detail any key activities and changes that affected the operations or structure of the authority during the financial year. this may include:
a. significant events under section 15 of the CAC Act such as forming or participating in the formation of a company, significant partnership or trust;
b. operational and financial results of the authority;
c. key changes to the authority’s state of affairs or principal activities;
d. amendments to the authority’s enabling legislation and to any other legislation directly relevant to its operation.
|Page 149 Section 5 Page vi - xiv Page 9 and 58|
|(17) Judicial decisions and reviews by outside bodies|
As entities of the Australian Government, Commonwealth authorities are expected to have levels of accountability suitable for the public sector. Part of demonstrating these qualities involves reporting on judicial decisions and reports by third parties. As such, the Annual Report of Operations must include particulars of:
a. judicial decisions and decisions of administrative tribunals that have had, or may have, a significant effect on the operations of the Commonwealth authority; and
b. reports about the authority made by the Auditor-General, a Parliamentary Committee, the Commonwealth Ombudsman or the Office of the Australian Information Commissioner.
|Page 8 and 114|
|(18) Obtaining information from subsidiaries|
|Where directors of a Commonwealth authority are unable to obtain information from a subsidiary that is required to be included in the Annual Report of Operations before the annual report is submitted under section 9 of the CAC Act, the directors must include an explanation on the missing information and how this affects the annual report.||The TSRA does not have subsidiaries|
|(19) Indemnities and insurance premiums for officers|
|The Annual Report of Operations must include details of any indemnity given to an officer against a liability, including premiums paid, or agreed to be paid, for insurance against the officer’s liability for legal costs.||Page 144|
|(20) Disclosure requirements for GBEs|
|Changes in financial conditions and community service obligations||The TSRA is not a GBE|
|(21) Index of annual report requirements|
|To assist readers to locate the information required by the CAC Act (including these orders) or other applicable legislation, the Annual Report of Operations must provide an index of annual report requirements, identifying where relevant information can be found in the annual report.||Page 218|
|The annual reports of Commonwealth authorities must under s516A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), now include a report on environmental matters in their annual reports. Details of what is required can be found at http://www.environment.gov.au/epbc/about/reports.html#annualcwth||Page 140|
|The annual reports of Commonwealth authorities must include information set out in sub-item 4(2) of Schedule 2 of the Work Health and Safety Act 2011||Page 145 - 146|
|Section 93 of the Freedom of Information Act 1982 requires agencies, including the TSRA, to provide information and statistics to the Australian Information Commissioner. Further details about these requirements can be obtained from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.||Page 149|
|Disability Reporting||Page 149|
|Advertising and Market Research||Page 205|