Compliance index
List of requirements
This schedule provides, for the purposes of paragraph 17AJ(d) of the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule), the list of requirements to be included in a non-corporate Commonwealth entity’s annual report for a reporting period. The schedule is prepared for subsection 46(3) of the Public Governance, Performance and Accountability Act 2013 (Cth).
PGPA Rule Reference | Part of Report | Description | Requirement |
|---|---|---|---|
17AD(g) | Letter of transmittal | ||
17AI | A copy of the letter of transmittal signed and dated by accountable authority on date final text approved, with statement that the report has been prepared in accordance with section 46 of the Act and any enabling legislation that specifies additional requirements in relation to the annual report. | Mandatory | |
17AD(h) | Aids to access | ||
17AJ(a) | - | Table of contents. | Mandatory |
17AJ(b) | - | Alphabetical index. | Mandatory |
17AJ(c) | Glossary of abbreviations and acronyms. | Mandatory | |
17AJ(d) | List of requirements. | Mandatory | |
17AJ(e) | Details of contact officer. | Mandatory | |
17AJ(f) | Entiy's website address. | Mandatory | |
17AJ(g) | Electronic address of report. | Mandatory | |
17AD(a) | Review by accountable authority | ||
17AD(a) | A review by the accountable authority of the entity. | Mandatory | |
17AD(b) | Overview of the entity | ||
17AE(1)(a)(i) | A description of the role and functions of the entity. | Mandatory | |
17AE(1)(a)(ii) | A description of the organisational structure of the entity. | Mandatory | |
17AE(1)(a)(iii) | A description of the outcomes and programmes administered by the entity. | Mandatory | |
17AE(1)(a)(iv) | A description of the purposes of the entity as included in corporate plan. | Mandatory | |
17AE(1)(aa)(i) | Name of the accountable authority or each member of the accountable authority. | Mandatory | |
17AE(1)(aa)(ii) | Position of the accountable authority or each member of the accountable authority. | Mandatory | |
17AE(1)(aa)(iii) | Period as the accountable authority or member of the accountable authority within the reporting period. | Mandatory | |
17AE(1)(b) | N/A | An outline of the structure of the portfolio of the entity. | Portfolio departments - mandatory |
17AE(2) | N/A | Where the outcomes and programs administered by the entity differ from any Portfolio Budget Statement, Portfolio Additional Estimates Statement or other portfolio estimates statement that was prepared for the entity for the period, include details of variation and reasons for change. | If applicable, Mandatory |
17AD(c) | Report on the Performance of the entity | ||
Annual performance Statements | |||
17AD(c)(i); 16F | Annual performance statement in accordance with paragraph 39(1)(b) of the Act and section 16F of the Rule. | Mandatory | |
17AD(c)(ii) | Report on Financial Performance | ||
17AF(1)(a) | A discussion and analysis of the entity’s financial performance. | Mandatory | |
17AF(1)(b) | Appendix 1: Entity resource statement and expenses by outcome | A table summarising the total resources and total payments of the entity. | Mandatory |
17AF(2) | If there may be significant changes in the financial results during or after the previous or current reporting period, information on those changes, including: the cause of any operating loss of the entity; how the entity has responded to the loss and the actions that have been taken in relation to the loss; and any matter or circumstances that it can reasonably be anticipated will have a significant impact on the entity’s future operation or financial results. | If applicable, Mandatory. | |
17AD(d) | Management and Accountability | ||
Corporate Governance | |||
17AG(2)(a) | Information on compliance with section 10 (fraud systems). | Mandatory | |
17AG(2)(b)(i) | A certification by accountable authority that fraud risk assessments and fraud control plans have been prepared. | Mandatory | |
17AG(2)(b)(ii) | A certification by accountable authority that appropriate mechanisms for preventing, detecting incidents of, investigating or otherwise dealing with, and recording or reporting fraud that meet the specific needs of the entity are in place. | Mandatory | |
17AG(2)(b)(iii) | A certification by accountable authority that all reasonable measures have been taken to deal appropriately with fraud relating to the entity. | Mandatory | |
17AG(2)(c) | An outline of structures and processes in place for the entity to implement principles and objectives of corporate governance. | Mandatory | |
17AG(2)(d) – (e) | N/A | A statement of significant issues reported to Minister under paragraph 19(1)(e) of the Act that relates to non-compliance with Finance law and action taken to remedy non-compliance. | If applicable, Mandatory |
Audit Committee | |||
17AG(2A)(a) | A direct electronic address of the charter determining the functions of the entity’s audit committee. | Mandatory | |
17AG(2A)(b) | The name of each member of the entity’s audit committee. | Mandatory | |
17AG(2A)(c) | The qualifications, knowledge, skills or experience of each member of the entity’s audit committee. | Mandatory | |
17AG(2A)(d) | Information about the attendance of each member of the entity’s audit committee at committee meetings. | Mandatory | |
17AG(2A)(e) | The remuneration of each member of the entity’s audit committee. | Mandatory | |
External Scrutiny | |||
17AG(3) | Information on the most significant developments in external scrutiny and the entity's response to the scrutiny. | Mandatory | |
17AG(3)(a) | Information on judicial decisions and decisions of administrative tribunals and by the Australian Information Commissioner that may have a significant effect on the operations of the entity. | If applicable, Mandatory | |
17AG(3)(b) | Information on any reports on operations of the entity by the Auditor-General (other than report under section 43 of the Act), a Parliamentary Committee, or the Commonwealth Ombudsman. | If applicable, Mandatory | |
17AG(3)(c) | N/A | Information on any capability reviews on the entity that were released during the period. | If applicable, Mandatory |
Management of Human Resources | |||
17AG(4)(a) | An assessment of the entity’s effectiveness in managing and developing employees to achieve entity objectives. | Mandatory | |
17AG(4)(aa) | Statistics on the entity’s employees on an ongoing and non-ongoing basis, including the following: (a) statistics on full-time employees; (b) statistics on part-time employees; (c) statistics on gender; (d) statistics on staff location. | Mandatory | |
17AG(4)(b) | Statistics on the entity’s APS employees on an ongoing and non-ongoing basis; including the following: Statistics on staffing classification level; Statistics on full-time employees; Statistics on part-time employees; Statistics on gender; Statistics on staff location; Statistics on employees who identify as Indigenous. | Mandatory | |
17AG(4)(c) | Information on any enterprise agreements, individual flexibility arrangements, Australian workplace agreements, common law contracts and determinations under subsection 24(1) of the Public Service Act 1999. | Mandatory | |
17AG(4)(c)(i) | Information on the number of SES and non-SES employees covered by agreements etc identified in paragraph 17AG(4)(c). | Mandatory | |
17AG(4)(c)(ii) | The salary ranges available for APS employees by classification level. | Mandatory | |
17AG(4)(c)(iii) | A description of non-salary benefits provided to employees. | Mandatory | |
17AG(4)(d)(i) | Information on the number of employees at each classification level who received performance pay. | If applicable, Mandatory | |
17AG(4)(d)(ii) | Information on aggregate amounts of performance pay at each classification level. | If applicable, Mandatory | |
17AG(4)(d)(iii) | Information on the average amount of performance payment, and range of such payments, at each classification level. | If applicable, Mandatory | |
17AG(4)(d)(iv) | Information on aggregate amount of performance payments. | If applicable, Mandatory | |
Assets Management | |||
17AG(5) | N/A | An assessment of effectiveness of assets management where asset management is a significant part of the entity’s activities. | If applicable, Mandatory |
Purchasing | |||
17AG(6) | An assessment of entity performance against the Commonwealth Procurement Rules . | Mandatory | |
Consultants | |||
17AG(7)(a) | A summary statement detailing the number of new contracts engaging consultants entered into during the period; the total actual expenditure on all new consultancy contracts entered into during the period (inclusive of GST); the number of ongoing consultancy contracts that were entered into during a previous reporting period; and the total actual expenditure in the reporting year on the ongoing consultancy contracts (inclusive of GST). | Mandatory | |
17AG(7)(b) | A statement that “During [reporting period], [specified number] new consultancy contracts were entered into involving total actual expenditure of $[specified million]. In addition, [specified number] ongoing consultancy contracts were active during the period, involving total actual expenditure of $[specified million]”. | Mandatory | |
17AG(7)(c) | A summary of the policies and procedures for selecting and engaging consultants and the main categories of purposes for which consultants were selected and engaged. | Mandatory | |
17AG(7)(d) | A statement that “Annual reports contain information about actual expenditure on contracts for consultancies. Information on the value of contracts and consultancies is available on the AusTender website.” | Mandatory | |
Australian National Audit Office Access Clauses | |||
17AG(8) | If an entity entered into a contract with a value of more than $100 000 (inclusive of GST) and the contract did not provide the Auditor-General with access to the contractor’s premises, the report must include the name of the contractor, purpose and value of the contract, and the reason why a clause allowing access was not included in the contract. | If applicable, Mandatory | |
Exempt contracts | |||
17AG(9) | If an entity entered into a contract or there is a standing offer with a value greater than $10 000 (inclusive of GST) which has been exempted from being published in AusTender because it would disclose exempt matters under the FOI Act, the annual report must include a statement that the contract or standing offer has been exempted, and the value of the contract or standing offer, to the extent that doing so does not disclose the exempt matters. | If applicable, Mandatory | |
Small business | |||
17AG(10)(a) | A statement that “[Name of entity] supports small business participation in the Commonwealth Government procurement market. Small and Medium Enterprises (SME) and Small Enterprise participation statistics are available on the Department of Finance’s website.” | Mandatory | |
17AG(10)(b) | An outline of the ways in which the procurement practices of the entity support small and medium enterprises. | Mandatory | |
17AG(10)(c) | N/A | If the entity is considered by the Department administered by the Finance Minister as material in nature—a statement that “[Name of entity] recognises the importance of ensuring that small businesses are paid on time. The results of the Survey of Australian Government Payments to Small Business are available on the Treasury’s website.” | If applicable, Mandatory |
Financial Statements | |||
17AD(e) | Inclusion of the annual financial statements in accordance with subsection 43(4) of the Act. | Mandatory | |
Executive Remuneration | |||
17AD(da) | Information about executive remuneration in accordance with Subdivision C of Division 3A of Part 2-3 of the Rule. | Mandatory | |
17AD(f) | Other Mandatory Information | ||
17AH(1)(a)(i) | If the entity conducted advertising campaigns, a statement that “During [reporting period], the [name of entity] conducted the following advertising campaigns: [name of advertising campaigns undertaken]. Further information on those advertising campaigns is available at [address of entity’s website] and in the reports on Australian Government advertising prepared by the Department of Finance. Those reports are available on the Department of Finance’s website.” | If applicable, Mandatory | |
17AH(1)(a)(ii) | If the entity did not conduct advertising campaigns, a statement to that effect. | If applicable, Mandatory | |
17AH(1)(b) | A statement that “Information on grants awarded by [name of entity] during [reporting period] is available at [address of entity’s website].” . | If applicable, Mandatory | |
17AH(1)(c) | Outline of mechanisms of disability reporting, including reference to website for further information. | Mandatory | |
17AH(1)(d) | Website reference to where the entity’s Information Publication Scheme statement pursuant to Part II of FOI Act can be found. | Mandatory | |
17AH(1)(e) | Appendix 11: Correction of material errors in previous annual reports | Correction of material errors in previous annual report. | If applicable, mandatory |
17AH(2) | Information required by other legislation. | Mandatory | |
Note: an alphabetical index is provided in the printed and pdf copies of the ACCC and AER Annual Report 2019-20. In this version of the report is it replaced by the search functionality. Likewise a table of contents is provided in the printed and pdf copies of the ACCC and AER Annual Report 2019-20 and in this version of the report a floating table of contents is available on every page.
Information required by other legislation
Subsection 17AH(2) of the PGPA Rule provides for the inclusion of other mandatory information in annual reports as required by an act or instrument. The ACCC is required to include information in its annual report by the Competition and Consumer Act 2010 (Cth) (CCA), the Work Health and Safety Act 2011 (Cth), the Commonwealth Electoral Act 1918 (Cth) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
Competition and Consumer Act 2010 requirements
Under our enabling legislation, the CCA, the ACCC is required to include the following matters in its annual report.
Section | Requirement | Reference |
56CH(4) | Information about the performance of the Data Recipient Accreditor’s functions, and the exercise of the Data Recipient Accreditor’s powers | |
56CL(4) | Information about the performance of the Accreditation Registrar’s functions, and the exercise of the Accreditation Registrar’s powers | |
171(2) | Cumulative list of all Commonwealth, state and territory laws that the Commission knows about that authorise things for the purposes of s. 51(1) of this Act or s. 51(1) of the Competition Code (as defined in s. 150A). | Exceptions under Australian, state and territory legislation |
171(3)(aa)(i) | The time taken to make final determinations under s. 44V in relation to access disputes. | |
171(3)(aa)(ii) | The time taken to make decisions on access undertaking applications or access code applications (within the meaning of s. 44B). | Decisions on access undertaking applications and access code applications |
171(3)(aa)(iii) | The time taken to make decisions on applications under s. 44PA(1). | Time taken to make decisions on applications under subsection 44PA(1) |
171(3)(a)(i) | The number of notices given by the Commission under s. 155. | |
171(3)(a)(iii) | The number of notices given by the Commission under s. 155A. | |
171(3)(b) | A general description of the nature of the matters in respect of which the notices were given. | |
171(3)(c) | The number of proceedings brought to challenge the validity of the notices. | |
171(3)(ca) | The number of search warrants issued by a judge under s. 135Z or signed by a judge under s. 136. | |
171(3)(d) | The number of search warrants issued by a magistrate under s. 154X or signed by a magistrate under s. 154Y. | |
171(3)(da) | A general description of the nature of the matters in respect of which the search warrants referred to in paragraph (ca) or (d) were issued or signed. | |
171(3)(db) | The number of proceedings brought to challenge the validity of the search warrants referred to in paragraph (ca) or (d). | |
171(3)(dc) | The number of entries onto premises under s. 133B or 133C, Division 6 of Part XI or Part XID. | |
171(3)(e) | The number of complaints received by the Commission. | |
171(3)(f) | A general summary of the kinds of complaints received by the Commission and how it dealt with them. | |
171(3)(g) | A general description of the major matters investigated by the Commission. | |
Section 171(3) reporting requirements - Matters investigated by the ACCC | ||
171(3)(h) | The number of times the Commission has intervened in proceedings and a general description of the reasons for doing so. |
Commonwealth Electoral Act 1918 requirements
Under s. 311A of the Commonwealth Electoral Act 1918, the ACCC is required to report on the following matters in its annual report.
Requirement | Reference |
A statement setting out particulars of all amounts more than $13 500 paid by, or on behalf of, the Commonwealth Department during the financial year to: advertising agencies; market research organisations; polling organisations; direct mail organisations; and media advertising organisations; and the persons or organisations to whom those amounts were paid. |
Work Health and Safety Act 2011 requirements
In accordance with Schedule 2, Part 4 of the Work Health and Safety Act 2011, the matters the ACCC must include in its annual report are as follows.
Requirement | Reference |
Initiatives taken during the year to ensure the health, safety and welfare of workers who carry out work for the entity. | |
Health and safety outcomes (including the impact on injury rates of workers) achieved as a result of initiatives mentioned under paragraph (a) or previous initiatives. | |
Statistics of any notifiable incidents of which the entity becomes aware during the year that arose out of the conduct of businesses or undertakings by the entity. | |
Any investigations conducted during the year that relate to businesses or undertakings conducted by the entity, including details of all notices given to the entity during the year under Part 10 of the Work Health and Safety Act 2011. | |
Such other matters as are required by guidelines approved on behalf of the parliament by the Joint Committee of Public Accounts and Audit. | N/A |
Environment Protection and Biodiversity Conservation Act 1999 requirements
Section 516A of the Environment Protection and Biodiversity Conservation Act 1999 requires Commonwealth entities and Commonwealth companies to report on the following matters.
Requirement | Reference |
How the activities of, and the administration (if any) of legislation by, the entity during the period accorded with the principles of ecologically sustainable development (ESD). | |
How the outcomes (if any) specified for the entity in an Appropriations Act relating to the period contribute to ESD. | |
The effect of the entity’s activities on the environment. | |
Any measures the reporter is taking to minimise the impact of activities by the entity on the environment. | |
The mechanisms, if any, for reviewing and increasing the effectiveness of those measures. |
Visit
https://www.transparency.gov.au/annual-reports/australian-competition-and-consumer-commission/reporting-year/2019-20-1