Annual Reports (Government Agencies) Act 2004

This Act is the Annual Reports (Government Agencies) Act 2004.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘director‑general annual report—see section 6.’ means that the term ‘director‑general annual report’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The head of service must, for a reporting year, prepare a report about the operation of the public service during the reporting year (a state of the service report).

The report must include—

an account of the management of the public sector during the reporting year; and

a statement describing the measures taken within the public sector to assist SES members and statutory office‑holders to do their jobs in accordance with the closing the gap principle; and

Note See the Public Sector Management Act 1994, s 8 (4) and s 151 (2).

information about—

any investigation conducted by the commissioner under the Public Sector Management Act 1994; and

the exercise of a function given to the commissioner under an Act; and

anything else required under an annual report direction for a state of the service report.

The report may include any other information the head of service considers appropriate.

In this section:

closing the gap principle—see the Public Sector Management Act 1994, section 8 (6).

SES member—see the Public Sector Management Act 1994, dictionary.

The director-general for an administrative unit must, for a reporting year, prepare a report about the operation of the administrative unit during the reporting year (a director-general annual report).

The report must include—

a statement describing the measures taken by the administrative unit during the reporting year to respect, protect and promote human rights; and

a statement describing the measures taken by the administrative unit during the reporting year to implement the National Agreement on Closing the Gap, including measures taken—

to implement the priority reforms (however described) mentioned in the agreement; and

in response to any recommendations (however described) in any review of progress under the agreement.

This section applies to a public sector body other than—

an officer of the Assembly; or

the Office of the Legislative Assembly.

A public sector body must, for a reporting year, prepare a report about the operation of the body during the reporting year (a public sector body annual report) if—

the Minister makes a declaration that the public sector body must prepare a public sector body annual report; or

an Act states that the public sector body must prepare an annual report.

Note The following public sector bodies must prepare an annual report:

 the architects board (see Architects Act 2004, s 67)

 the city renewal authority (see City Renewal Authority and Suburban Land Agency Act 2017, s 14)

 the construction occupations registrar (see Construction Occupations (Licensing) Act 2004, s 112)

 the suburban land agency (see City Renewal Authority and Suburban Land Agency Act 2017, s 44)

 the disability advisory council (see Disability Inclusion Act 2024, s 25)

 the victims services scheme (see Victims of Crime Act 1994, s 21)

· the office of the work health and safety commissioner (see Work Health and Safety Act 2011, sch 2, pt 2.2, s 2.41).

The report must include a statement describing the measures taken by the public sector body during the reporting year to implement the National Agreement on Closing the Gap, including measures taken—

to implement the priority reforms (however described) mentioned in the agreement; and

in response to any recommendations (however described) in any review of progress under the agreement.

A declaration is a notifiable instrument.

An officer of the Assembly must, for a reporting year, prepare a report about the operation of the officer during the reporting year (an officer of the Assembly annual report).

Note The auditor-general, integrity commissioner and inspector of the integrity commission are not required to comply with this Act in certain circumstances (see Auditor-General Act 1996, s 7A and the Integrity Commission Act 2018, s 218 (3) and s 283 (3)).

The report must include an account of the management of the officer’s office during the reporting year.

The Office of the Legislative Assembly must, for a reporting year, prepare a report about the operation of the Office of the Legislative Assembly during the reporting year (an Office of the Legislative Assembly annual report).

The report must include an account of the management of the office during the reporting year.

In this Act:

territory entity means—

a territory-owned corporation; or

a territory instrumentality; or

a body established under an Act declared by the Minister.

A declaration is a notifiable instrument.

A territory entity must, for a reporting year, prepare a report about the operation of the entity during the reporting year (a territory entity annual report).

The Minister must make a direction about annual reports (an annual report direction).

Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48).

An annual report, other than an annual report of the following entities, must comply with the annual report direction:

the Office of the Legislative Assembly;

an officer of the Assembly.

The annual report direction may require the following:

an annual report to include stated information;

an annual report to be in a stated form or published in a stated place;

all or part of an annual report to be included in another annual report (as an attachment or otherwise);

an annual report or part of an annual report to be prepared for a stated period;

a director‑general annual report to include stated matters if a public sector body does not comply with section 7 (Public sector body annual report) or the annual report direction;

an annual report to be given by a stated person or stated public sector body to the responsible Minister by a stated day;

for a public sector body annual report—the report to include a statement describing the measures taken by the public sector body during the reporting year to respect, protect and promote human rights;

for a territory entity annual report—the report to include 1 or both of the following statements:

a statement describing the measures taken by the territory entity during the reporting year to respect, protect and promote human rights;

a statement describing the measures taken by the territory entity during the reporting year to implement the National Agreement on Closing the Gap.

An annual report direction is a notifiable instrument.

The Minister must present to the Legislative Assembly, not later than 6 sitting days after the day an annual report direction is notified under the Legislation Act, copies of each of the following:

the direction;

if the elected body made a recommendation to the Minister about the proposed annual report direction under section 9 (2)—the recommendation and the Minister’s response.

Before making an annual report direction under section 8, the Minister must undertake consultation in accordance with this section.

The Minister must—

give the elected body a copy of the proposed annual report direction; and

ask the elected body, in writing, for any recommendation about the proposed annual report direction for matters relating to Aboriginal and Torres Strait Islander peoples; and

if the elected body makes a recommendation in writing to the Minister—

consider the recommendation; and

respond in writing to the elected body about the recommendation, including any revision of the proposed annual report direction because of the recommendation.

After responding to the elected body's recommendation, or if the elected body has not made a recommendation to the Minister within 30 days of being asked, the Minister must—

give the relevant Assembly committee a copy of the proposed annual report direction; and

if the elected body made a recommendation to the Minister—give the committee a copy of the recommendation and the Minister’s response; and

ask the committee, in writing, for any recommendation about the proposed annual report direction; and

consider any recommendation made, in writing, by the committee.

The Minister must not make the annual report direction until the earlier of—

the committee giving the Minister any recommendation; or

30 days after asking the committee for a recommendation.

In this section:

elected body means the Aboriginal and Torres Strait Islander Elected Body established under the Aboriginal and Torres Strait Islander Elected Body Act 2008, section 7.

relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (1) (a).