On 28 August 2010, two new regulations commenced which affect
the annual reporting obligations of government departments and
statutory bodies in New South Wales:
The Annual Reports (Departments) Regulations 2010
(NSW) (Department Regulations), made under the
Annual Reports (Departments) Act 1985, and which have
replaced and repealed the Annual Reports (Departments)
The Annual Reports (Statutory Bodies) Regulations 2010
(NSW) (Statutory Bodies Regulations), made under
the Annual Reports (Statutory Bodies) Act 1984, and which
have replaced and repealed the Annual Reports (Statutory
Bodies) Regulations 2005.
Both the Department Regulations and the Statutory Bodies
Regulations remove or modify several of the pre-existing reporting
requirements contained in regulations made in 2005. Some of the key
A requirement that departments and statutory bodies provide
Parliament with an electronic copy of an annual report that is
tabled in Parliament (as recommended by the Public Bodies Review
Committee in its Report on an Inquiry into Web-Based Annual
Reporting in the NSW Public Sector of September 2008).
Removal of the requirement for departments and statutory bodies
to provide copies of annual reports to the New South Wales
Government Information Service.
Removal of the requirements for departments to list major
assets (other than land holdings) and major acquisitions in the
reporting year, and to include copies of any amendments to codes of
conduct prepared by departments for its officers and
Introducing new triennial reporting requirements for small
departments and small statutory bodies (as determined by the
Secretary of the Treasury) in relation to disability plans and
occupational health and safety.
Under the Statutory Bodies Regulations, a requirement that
universities report on the performance and numbers of its senior
Section 6 of the Government Information (Public Access) Act
2009 (NSW) (GIPA Act) provides for the
mandatory proactive release of certain government information,
described as "open access information", unless there is
an overriding public interest against disclosure of the
information. Open access information is to be made publicly
available free of charge on an agency's website and in any
other way the agency considers appropriate. Under section 18 of the
GIPA Act, open access information includes information about the
agency contained in any document tabled in Parliament by or on
behalf of the agency, other than any document tabled by order of
either House of Parliament. As required under the Annual
Reports (Departments) Act 1985 and the Annual Reports
(Statutory Bodies) Act 1984, annual reports are required to be
tabled in Parliament and therefore fall within the definition of
open access information in section 18 of the GIPA Act. Agencies and
statutory bodies (which are subject to the obligations of the GIPA
Act as they fall within the definition of "agency" and/or
"public authority" in that Act) should therefore ensure
that their annual reports are made publically available free of
charge on their website, in order to comply with the mandatory
proactive release requirements under the GIPA Act.
Section 125 of the GIPA Act contains the annual reporting
requirements for agencies in relation to their obligations under
the GIPA Act. Section 125(1) provides that each agency must, within
4 months after the end of each reporting year, prepare an annual
report on the agency's obligations under the GIPA Act for
submission to the Minister responsible for the agency. A copy of
the report is also to be provided to the Information Commissioner.
Section 125(4) provides that this information must be tabled in
each House of Parliament unless it is included in an annual report
prepared for the purposes of the Annual Reports (Departments)
Act 1985 or the Annual Reports (Statutory Bodies) Act
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