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Appendix 6: Summary of Compliance

The ASC is bound by legislative requirements to disclose certain information in its annual report. The main requirements are detailed in the PGPA Act, Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) and the ASC Act.

Annual report compliance requirements—PGPA Act

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s39. (1) The accountable authority of a Commonwealth entity must:

a) prepare annual performance statements for the entity as soon as practicable after the end of each reporting period for the entity; and

b include a copy of the annual performance statements in the entity’s annual report that is tabled in the parliament.

Annual performance statements

S39. (2) The annual performance statements must:

a) provide information about the entity’s performance in achieving its purposes; and

b) comply with any requirements prescribed by the rules.

Annual performance statements

s46. The annual report must be given to the responsible Minister by

the 15th day of the fourth month after the end of the period for the entity.

Letter of Transmittal

Annual report compliance requirements—PGPA Rule

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16F(1) In preparing the annual performance statements, the accountable authority of the entity must measure and assess the entity’s performance in achieving the entity’s purposes in the reporting period in accordance with the method of measuring and assessing the entity’s performance in the reporting period that was set out in the entity’s corporate plan, and in any Portfolio Budget Statement, Portfolio Additional Estimates Statement or other portfolio estimates statement, that were prepared for the reporting period.

Annual performance statements

16F(2) The following matter must be included in the annual performance statements for a Commonwealth entity

  1. Statements

a) a statement that the performance statements are prepared for

paragraph 39(1)(a) of the Act;

b) a statement specifying the reporting period for which the performance statements are prepared;

c) a statement that, in the opinion of the accountable authority of the entity, the performance statements:

i.accurately present the entity’s performance in the reporting period; and

ii.comply with subsection 39(2) of the Act.

2. The results of the measurement and assessment referred to in subsection (1) of this section of the entity’s performance in the reporting period in achieving its purposes.

3. An analysis of the factors that may have contributed to the entity’s performance in achieving its purposes in the reporting period, including any changes to:

a) the entity’s purposes, activities or organisational capability; or

b) the environment in which the entity operated;

that may have had a significant impact on the entity’s performance in the reporting period.

Annual performance statements

17BB The annual report must:

a) be approved by the accountable authority;

b) be signed by the accountable authority or a member of the accountable authority;

c) include details of how and when approval of the annual report was given;

d) state that the accountable authority is responsible for preparing and giving the annual report to the entity’s responsible Minister in accordance with s46 of the PGPA Act.

letter of Transmittal

17BC The annual report must comply with the guidelines for presenting documents to the Parliament.


17BD Information included in the annual report must be relevant, reliable, concise, understandable and balanced, including through the following where practicable:

a) using clear design;

b) defining acronyms and technical terms (for example, in a glossary);

c) using tables, graphs, diagrams and charts; and

d) including any additional matters as appropriate;


Shortened forms

17BE The annual report must include:

(a) Details of the legislation establishing the body;

(b)(i) A summary of the objects and functions of the entity as set out in the legislation;

(b)(ii) The purposes of the entity as included in the entity’s corporate plan;

Authority and directions

17BE(c) the names of the persons holding the position of responsible Minister or responsible Ministers during the period, and the titles of those responsible Ministers;

17BE(d) any directions given to the entity by the Minister under an Act or instrument during the period;

17BE(e) any government policy orders that applied in relation to the entity during the period under s22 of the Act;

17BE(f) if, during the period, the entity has not complied with a direction or order, particulars of non-compliance;

Ministerial direction

17BE(g) The annual performance statements for the entity for the period;

Annual performance statements

17BE(h) a statement of any significant issue reported to the responsible Minister that relates to non-compliance with the finance law in relation to the entity;

17BE(i) if a statement is included under para (h)—an outline of the action that has been taken to remedy the non-compliance;


17BE (j) information of the accountable authority, or each member of the accountable authority, of the entity for the period, including:

i) the name of the accountable authority or members;

ii) the qualifications of the accountable authority or member;

iii) the experience of the accountable authority or member;

iv) for a member—the number of meetings of the accountable authority attended by the member for the period;

v) for a member—whether the member is an executive member or non-executive member;

Board and committees

17BE(k) an outline of the organisational structure of the entity;

Organistional structure

17BE(l) an outline of the location (whether or not in Australia) of major activities or facilities of the entity;

ASC staff and program locations

17BE(m) information in relation to the main corporate governance practices used by the entity during the period;


17BE(n) the decision-making process undertaken by the accountable authority for making a decision if:

i) the decision is to approve the entity paying for a good or service from another Commonwealth entity or a company, or providing a grant to another Commonwealth entity or company; and

ii) the entity, and the other Commonwealth entity or company are related entities; and

iii) the value of the transaction, or if there is more than one transaction, the aggregate value of those transactions is more than $10,000 inclusive of GST.

17BE(o) if the annual report includes information under para (n):

i) if there is only one transaction—the value of the transaction;

ii) if there is more than one transaction—the number of transactions and the aggregate value of the transactions;

Financial outcomes

17BE(p) any significant activities and changes that affected the operations or structure of the entity during the period;

About the ASC

17BE(q) particulars of judicial decisions or decisions of administrative tribunals made during the period that have had, or may have, a significant effect on the operations of the entity;


17BE(r) particulars of any report on the entity given during the period by:

i) the Auditor-General, other than a report on audit of annual financial statements;

ii) a committee of either House or both Houses of Parliament;

iii) the Office of the Australian Information Commissioner;

External scrutiny

17BE(s) if the accountable authority has been unable to obtain information from a subsidiary of the entity that is required to be included in the annual report—an explanation of the information that was not obtained and the effect of not having the information on the annual report;

Not applicable

17BE(t) details of any indemnity that applied during the period to the accountable authority, any member of the accountable authority of officer of the entity against a liability (including premiums pad, or agreed to be paid, for insurance against the authority, member or officer’s liability for legal costs);

Indemnities and Insurance

17BE(u) an index identifying where the requirements of section are to be found.


Australian Sports Commission Act 1989 requirements

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48(a)—Specify the transactions and state of affairs of the Australian Sports Foundation.

Australian Sports Foundation

48(b)—Include particulars of each direction given to it by the minister under subsection 11(1) that is applicable in relation to the period.

Ministerial direction

48(c)—Include an assessment of the extent to which its operations during the period have implemented the relative operational plan.

Our performance

48(d) Particulars of:

  1. significant capital works (if any) undertaken by the Commission during the period;
  2. significant acquisitions and dispositions of real property by the Commission during the period;
  3. variations to the operational plan agreed to by the minister during the period.

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