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Compliance index

This index shows the page numbers on which the FRDC has reported on matters specified in Australian Government legislation and policies. Where an entry is not applicable (n/a) the page reference will be indicated by a —.

The requirements for annual reports acknowledges that agencies vary in role and size and there is discretion as to the extent of information to include in annual reports and the sequence in which it is presented. The joint Committee on Publications has also observed that a departmental report will necessarily be different from that of a statutory authority; and a statutory authority, while accountable for its activities, has a degree of independence not shared by departments and its annual reports will thus have a greater freedom of expression and comment. The FRDC’s reporting is, accordingly, appropriate to its legislative basis, functions and size.

TABLE 22: PRIMARY INDUSTRIES RESEARCH AND DEVELOPMENT ACT 1989 (PIRD ACT)

Section

Title

Comply

Page

Section 10

R&D corporation is a body corporate etc.

yes

169–171

Section 11

Functions

yes

170

Section 12

Powers

yes

170–171

Section 19

R&D plans

yes

7, 16

Section 20

Approval of R&D plans

yes

7, 16

Section 21

Variation of R&D plans

yes

7

Section 24

Consultation

yes

7, 8, 18–20

Section 25

Annual operational plans

yes

16

Section 27

Compliance with R&D plans and annual operational plans

yes

16, 108

Section 28

Annual report

yes

108, 172

Section 29

Accountability to representative organisations

yes

viii, 14, 145

Section 33

Expenditure of money of R&D corporations

yes

127–165

Spending must be in accordance with funding agreement

yes

8, 14

Section 33A

R&D money must not be spent on marketing

yes

98, 127–165

Section 34

Commonwealth to be paid levy expenses from R&D corporation

yes

12

Section 35

Commonwealth to be reimbursed for refunds of levy

yes

12

Section 40

Separate accounting records

yes

127–165

Section 47

Times and places of meetings

yes

123–124

Section 53

Minutes

yes

123–124

Section 76

Duties

yes

118

Section 87

Employees

yes

109, 177

Section 143

Minister may give directions

yes

113

The annual report for a corporate Commonwealth entity for a reporting period must include the following.

TABLE 23: SECTION 17BE: CONTENTS OF ANNUAL REPORT

Comply

Page

(a)

details of the legislation establishing the body,

yes

169

(b)

both of the following:

(i) a summary of the objects and functions of the entity as set out in the legislation,

yes

16–171

(ii) the purposes of the entity as included in the entity’s corporate plan for the period,

yes

13

(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,

yes

14

(d)

any directions given to the entity by a Minister under an Act or instrument during the period,

yes

113

(e)

any government policy orders that applied in relation to the entity during the period under section 22 of the Act,

yes

114

(f)

if, during the period, the entity has not complied with a direction or order referred to in paragraph (d) or (e) — particulars of the noncompliance,

n/a

(g)

the annual performance statements for the entity for the period in accordance with paragraph 39(1)(b) of the Act and section 16F of this rule,

yes

v–ix, 127–165

(h)

a statement of any significant issue reported to the responsible Minister under paragraph 19(1)(e) of the Act that relates to noncompliance

with the finance law in relation to the entity,

n/a

(i)

if a statement is included under paragraph (h) of this section — an outline of the action that has been taken to remedy the noncompliance,

n/a

(j)

information on the accountable authority, or each member of the accountable authority, of the entity during the period, including:

yes

15, 133

(i) the name of the accountable authority or member, and

yes

133

(ii) the qualifications of the accountable authority or member, and

yes

120–122

(iii) the experience of the accountable authority or member, and

yes

123–124

(iv) for a member — the number of meetings of the accountable authority attended by the member during the period, and

yes

120–122

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

yes

120–122

(k)

an outline of the organisational structure of the entity (including any subsidiaries of the entity),

yes

190

(l)

an outline of the location (whether or not in Australia) of major activities or facilities of the entity,

yes

190

(m)

information in relation to the main corporate governance practices used by the entity during the period,

yes

118

(n)

the decision-making process undertaken by the accountable authority for making a decision if:

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

yes

111, 170, 172

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

yes

111, 170, 172

(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),

yes

113

(o)

if the annual report includes information under paragraph (n):

(i) if there is only one transaction — the value of the transaction, and

yes

113

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

yes

113

(p)

any significant activities and changes that affected the operations or structure of the entity during the period,

yes

v–ix, 6–10

(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,

yes

114,

(r)

particulars of any report on the entity given during the period by:

(i) the Auditor-General, other than a report under section 43 of the Act (which deals with the Auditor-General’s audit of the annual financial statements for Commonwealth entities), or

yes

128–128

(ii) a Committee of either House, or of both Houses, of the Parliament, or

n/a

(iii) the Commonwealth Ombudsman, or

n/a

(iv) the Office of the Australian Information Commissioner,

n/a

(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,

n/a

(t)

details of any indemnity that applied during the period to the accountable authority, any member of the accountable authority or officer of the entity against a liability (including premiums paid, or agreed to be paid, for insurance against the authority, member

or officer’s liability for legal costs),

yes

125

(u)

an index identifying where the requirements of this section and section 17BF (if applicable) are to be found.

yes

182–184

TABLE 24: GOVERNMENT POLICY AND ASSOCIATED REPORTING REQUIREMENTS

Section

Comply

Page

Australian Government Cost Recovery Policy

yes

12, 114

Australian Government Foreign Exchange Risk Management Guidelines

yes

114

Australian Government priorities

  • Rural Research Priorities
  • Strategic Research Priorities

yes

174

Australian Government Commonwealth Procurement Rules

yes

114

Australian Government Commonwealth Property Management Framework

yes

114

Australian Government Protective Security Policy Framework (PSPF)

yes

114

Australian Government Public Sector Workplace bargaining Policy

yes

114

Comcover Risk benchmarking Survey

yes

112

Commonwealth Disability Discrimination Act 1992

(National Disability Strategy 2010–2020)

yes

110

Commonwealth Fraud Framework 2014

yes

111

Environment Protection and Biodiversity Conservation Act 1999

(Section 16A)

yes

53, 173

Freedom of Information Act 1982, quarterly and annual lodgements

yes

114, 175–176

National Code of Practice for the Construction Industry and the Commonwealth’s Implementation Guidelines

yes

114

OLSC [Office of Legal Services Coordination] Legal Expenditure annual return

yes

113

work Health and Safety Act 2011

yes

115