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STATE SERVICE ACT 2000 - SECT 36 Annual reports by Heads of Agencies

STATE SERVICE ACT 2000 - SECT 36

Annual reports by Heads of Agencies

(1)  Each Head of Agency, in each year, is to submit to the appropriate Minister a report, in a form approved by the Minister after consultation with the Treasurer, for the period of 12 months that ended on the last preceding 30 June (or such other period of 12 months as may be prescribed) relating to –
(a) the performance of the functions and the exercise of the powers of the Head of Agency under this Act; and
(b) the performance of the functions and the exercise of the powers of –
(i) any statutory office the holder of which is employed in or attached to that Agency; or
(ii) any State authority attached to that Agency; and
(ba) the effectiveness within that Agency of the development and implementation of performance management; and
(c) such other matters as may be prescribed.
(1A)  Each Head of Agency, in each year, is to submit to the Head of the State Service in a form approved by the Head of the State Service, for the period of 12 months that ended on the last preceding 30 June, a report relating to the employment of persons under this Act.
(2)  A report required to be submitted under subsection (1) is to be combined in a single document with a report required to be made under section 40(1) of the Financial Management Act 2016 so as to form an annual report.
(3)  Notwithstanding subsection (1) , the report of a Head of Agency is not to contain any matter that is required under any other enactment to be submitted to a Minister by the holder of a statutory office employed in or attached to that Agency or by any State authority attached to that Agency.
(4)  In each year, the appropriate Minister is to, on or before 31 October or such other date as may be prescribed, cause a copy of the report referred to in subsection (1) to be laid on the table of each House of Parliament.
(5)  A date prescribed for the purposes of subsection (4) is to be determined after consultation with the Minister responsible for the administration of the Financial Management Act 2016 and is to be a date not later than 4 months after the end of the period of 12 months prescribed under subsection (1) .
(6)  If the appropriate Minister is unable to comply with subsection (4) by reason of the fact that either House of Parliament is not sitting, the appropriate Minister, on 31 October or such other date as is prescribed under subsection (4) , as the case may require, is to –
(a) forward a copy of the report referred to in subsection (1) to the Clerk of the Legislative Council and the Clerk of the House of Assembly; and
(b) make the report available to the public –
and, within the next 7 sitting days of that House, is to cause a copy of the report to be laid before that House.
(7)  If 31 October or such other date as is prescribed under subsection (4) is a Sunday or any day which is a bank holiday or a public holiday throughout the State, which days are in this section referred to as excluded days, subsection (6) is taken to be complied with if a copy of the report is forwarded to the Clerk of the Legislative Council and the Clerk of the House of Assembly, and is made available to the public, on the next day afterwards, not being an excluded day.
(8)  The regulations may prescribe different periods of 12 months for the purposes of subsection (1) in relation to different Heads of Agencies, different Agencies and different parts of Agencies.