Agencies have four months from the end of the financial year to submit their annual report to the relevant Minister and the Treasurer. In the case of agencies with a 30 June year-end, this means by 31 October.
If the due date falls on a Saturday, Sunday or public holiday, the Interpretation Act 1987 provides at section 36 that the item due may be done on the first day following that is not a Saturday, Sunday or public holiday.
Once the Minister receives an agency's annual report, he/she has one month to table that report in Parliament.
For example, if a Minister received an agency's annual report on 15 October, he/she would be required to table that report on or before 15 November.
Most agencies submit their annual reports to their Minister and Treasurer within the time required by the annual reports legislation.
The public can reasonably expect timely information from agencies. Dates for submission are specified in law. Agencies should therefore do all that is possible to meet the deadlines in the two Annual Reports Acts and avoid the need to apply for additional time.
The Treasurer can approve an extension of time to submit an annual report to the Minister. There are two important points to note:
- The Treasurer can only approve an extension of time where a written request is made by the agency within three months after the end of the agency's financial year.
- Although agencies are not required to submit annual reports until four months after year-end, the Treasurer does not have the power to grant extensions after three months after the year-end. Agencies therefore must consider in advance whether an extension is required.
If required, a request for an extension of time for an agency with a financial year ended 30 June must be made by 30 September.
The Treasurer can only approve an extension after consultation with the appropriate Minister. To assist in this process, agencies are requested to obtain written support for the extension of time from their own Minister and forward this to Treasury.
The Treasurer has the legal power to exempt agencies from requirements contained in the regulations.
As the same requirements apply to all agencies, there would have to be very good "public interest" grounds for the granting of exemptions.
Limited exemptions have been allowed in respect of public sector agencies considered to be operating in competition with the private sector or other government bodies.
Where an exemption is granted, details of the exemption must be disclosed in the annual report, together with the reasons for the granting of the exemption.
Agencies must submit two printed copies of their annual report to their Minister for tabling in Parliament. Ministers must table one of those copies in each House of Parliament.
In addition, agencies must submit one copy of their annual report to the appropriate Minister for his/her records. Ministers decide whether agencies meet this requirement by submitting an electronic copy or a printed copy of their annual report. Accordingly, each agency should ask its appropriate Minister/s whether he/she prefers an electronic or a printed copy of its annual report.
The Annual Reports legislation also requires that each agency submit a copy of its annual report to the Treasurer. This must be supplied electronically to [email protected].
Treasury encourages each agency to submit the electronic copy of its annual report to Parliament on the day that report is tabled in each House of Parliament. This requires agencies to consult with their Minister's Offices to determine tabling date.
An agency should provide that electronic copy to Parliament in text searchable Adobe Acrobat PDF format.
For files larger than 2Mb, agencies should break them down into parts no larger than 2Mb.
File names should clearly indicate the agency name, reporting year, and where part files are used, the part number. For example: Treasury AR 2016.pdf or Health AR 2016 Part 1.pdf and Health AR 2016 Part 2.pdf.
For emails larger than 10Mb, agencies should break the file down into parts no larger than 10Mb.
Contacts: Table Office 9230 2431
Legislative Assembly: [email protected] ph: 9230 2234
Legislative Council: Liz Clark [email protected] ph: 9230 2749
No, the Secretary has not prescribed any statistical information requirements relating to the Work Health and Safety (WHS) disclosure.
However agencies are still subject to the general requirement in the Regulation, which requires agencies to provide a statement setting out WHS performance during the reporting year. This includes details of work-related injuries, illnesses and prosecutions under the Work Health and Safety Act 2011.
Please direct any enquiries concerning Premier’s Memorandum 2013-09, in the first instance, to the Department of Premier and Cabinet on 9228 5555.
Premier’s Memorandum 2013-09 requires that agencies minimise production costs by:
- limiting content to recording performance and meeting statutory obligations
- printing hard copies in black and white and compiling reports using existing desktop equipment in house
- eliminating unnecessary use of photographs or illustrations
- eliminating all external production costs such as copy writing, design and printing.
Agencies are required to keep sufficient copies of the annual report to meet normal public demand. Agencies can comply with this requirement by ensuring their Annual Report is made available on agency websites. If a member of the public is unable to access an agency's annual report electronically, then the agency can print a copy of the report for that member of the public. See: M2013-09 Production Costs of Annual Reports.
The term 'senior executive' is defined in:
- clause 3 of the Annual Reports (Departments) Regulation 2015
- clause 3 of the Annual Reports (Statutory Bodies) Regulation 2015
Further guidance is provided in the Public Service Commission (PSC) Circular 2014-09 Changes to annual reporting for senior executives and workforce diversity.
In addition, PSC Circular 2014-09 includes a suggested format for senior executive disclosures and a definition of 'remuneration package'.
To access PSC Circular 2014-09, see www.psc.nsw.gov.au. Please direct any enquiries concerning this Circular, in the first instance, to the PSC on 9272 6000.
PSC Circular 2014-09 requires disclosures of certain senior executive information "at the end of the reporting year" based on four Public Service senior executive salary bands.
PSC Circular 2016-05 advised of a Statutory and Other Offices Tribunal (SOORT) Determination with four Public Service Senior Executive salary bands that apply from 1 July 2016:
per annum range
also within band per SOORT determination
$452,251 to $522,500
Secretary, Department of Premier and Cabinet (DPC)
Secretary, Department of Education
Secretary, Department of Family and Community Services
Secretary, Ministry of Health
Secretary, Department of Finance, Services and Innovation,
Secretary, Transport for NSW
Secretary, Department of Industry, Skills and Regional Development
$320,901 to $452,250
Chief Executive Officer, Barangaroo Delivery Authority
$255,051 to $320,900
Chief Financial Officer, Department of Family and Community Services
Chief Information Officer, Department of Education
$178,850 to $255,050
[This Determination is available on the NSW Remuneration Tribunals website - select the 2016 Annual Determination – SOORT - Public Service Senior Executive PDF. The four salary bands are set out on pages 12 and 13].
Accordingly, agencies reporting on financial years that ended on or after 1 July 2016 must base their executive disclosures on the above bands.
To access PSC Circulars 2014-09 or 2016-05 see http://www.psc.nsw.gov.au/. Please direct any enquiries concerning these Circulars, in the first instance, to the PSC on 9272 6000.
The PSC has provided guidance on 'workforce diversity' in PSC Circular 2014-09 with further detail at http://www.psc.nsw.gov.au/workplace-culture---diversity/equity---diversity/annual-reporting.
For more information on this requirement, please contact the PSC on 9272 6000.
Treasury Circular TC15-18 Small Agency Annual Reporting defines ‘small departments’ and ‘small statutory bodies’ as those employing less than 200 full-time equivalent (FTE) staff on the last day of the reporting period. For further information, please refer to TC15-18.