Corporate governance

In 2007-08 the Inspector-General of Taxation maintained established governance arrangements. Governance processes continued to be based on many of the well-established policies and processes in place in the Treasury.

The Inspector-General of Taxation has two distinct roles. As the public office holder he reports, and is accountable to, the Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, as well, the Treasurer for meeting his statutory role. As the Chief Executive Officer of the Office of the Inspector-General (the agency), the Inspector-General is responsible for the operation and performance of the operation of his Office.

The corporate governance practices of the Office of the Inspector-General are designed to take into account that the agency is quite small and that it is inextricably linked with the governance processes of the Treasury. This is as a result of the service level agreement entered into by the two agencies. The Inspector-General as Chief Executive Officer and the Deputy Inspector-General as the Chief Financial Officer together act as the agency Executive. They have developed a full range of governance policies and procedures appropriate to the situation of the agency comprising only six or seven people in a single office location, performing a function of conducting reviews and reporting exclusively to Government.

Audit Committee

Pursuant to section 46 of the Financial Management and Accountability Act 1997, the Inspector-General continues to maintain an Audit Committee with an independent chair. The Audit Committee met twice during 2007-08.

Remuneration Committee

The Inspector-General and the Deputy Inspector-General comprise the Remuneration Committee. The Inspector-General has entered into Australian Workplace Agreements (AWAs) with all employees which provide for performance and remuneration review processes.

The Inspector-General’s performance management system provides for performance being reviewed formally on an annual basis and informally on a six monthly basis. The size of the agency allows for regular and continual discussion of performance with all staff members. Since all staff directly report to both the Inspector-General and the Deputy Inspector-General, employees are provided ongoing informal feedback on their performance.

Corporate planning and reporting

The Inspector-General of Taxation Act 2003 provides a clear statement of the role and activities of the Inspector-General. The work program shapes and determines the activities of the agency.

Administratively, the agency draws heavily on the facilities of the Treasury under a formal service level agreement. All day-to-day account processing is undertaken by Treasury utilising the Treasury accounting system infrastructure. However, a financial controller (part-time) is employed on a contract basis and reports directly to the Chief Financial Officer (Deputy Inspector-General).

The Deputy Inspector-General is responsible, with input from the Inspector-General, for settling portfolio budget statements, ongoing maintenance of cash flow and monthly reporting of financial position.

Risk management

Under the Financial Management and Accountability Act 1997, the office of the Inspector-General meets its specific risk management requirements through an integrated framework. The following are the key components of the risk management framework:

  • Chief Executive Instructions provide the policy and procedural framework for financial management in the Inspector-General’s office and put into effect the requirements of the Financial Management and Accountability Act 1997. The Chief Executive Instructions have been based on those currently being used by Treasury.
  • Physical security risk reviews continue to be arranged, and the office design and associated access security meet required standards and have been reviewed and approved by ASIO Group 4.
  • Risk assessments are to be conducted annually as part of the process of applying for insurance renewal. The programme is based on the Risk Management Standard AS/NZS 4360:1999 and will measure the Inspector-General’s performance in implementing risk management processes and policies against the national benchmark.

During the year, the Inspector-General also maintained comprehensive Business Continuity and Fraud Control plans. The Audit Committee is undertaking a review of these plans.

Additionally, the Office of the Inspector-General has a number of strategies in place to ensure risks associated with the delivery of information technology services are identified and managed. This is against a background of the nature of the Inspector-General’s work, and flexible operating environment, creating a relatively low-risk environment. The Inspector-General utilises the IT infrastructure and support systems of the Treasury under a service level agreement. Components of the Treasury information technology governance are listed below:

  • The IT Disaster Recovery Plan sets out the strategies and processes to restore services if a complete or partial loss of the Treasury central computing infrastructure occurs. The plan aims to restore services within an appropriate timeframe.
  • Business Continuity Plans apply to all of the Treasury IT application systems. Inspector-General of Taxation staff could continue to operate effectively from temporary work locations with portable computing equipment.
  • The IT Security Policy developed by Treasury addresses the requirements to protect information holdings and secure operation of the Inspector-General’s IT resources. The policy is based on the protective security policies and standards in the Australian Protective Security Manual, the Draft Australian Communication Security Instruction — Electronic Security Instructions 33 (A).
  • The Treasury Internet and Email Acceptable Use Policy sets out individual user’s responsibilities for the appropriate use of the internet and email facilities and services. This policy refers to the Australian Public Service Values and Code of Conduct, the Public Service Act 1999, other relevant Australian Government legislation and the IT Security Policy.
  • Website Development Standards and Guidelines are based on ISO 9001 and ACSI 33 International Standards Organisation and Defence Signals Directorate Guidelines. The standards ensure compliance with best practice in relation to website security.
  • IT Change Control Guidelines are an internal IT management tool which assists with quality assurance control over proposed changes to the IT technical environment and facilities. This change control process involves reviewing proposed variations and clearing them before releasing changes in the production environment.
  • An IT Risk Management Strategy has been developed in accordance with Defence Signals Directorate Guidelines and identifies technical risks associated with IT infrastructure and IT management practices.

Staff awareness of risk management policies and procedures is maintained through training programmes and staff notices circulated to Treasury and Inspector-General officers and also made available through access to the Treasury intranet.

Ethical standards and accountability

The Inspector-General’s values embrace the Australian Public Service (APS) values. In particular, the Inspector-General Employment Conditions refer prominently to the current APS values.

The Inspector-General has taken steps to establish and maintain ethical standards through developing policies such as the Chief Executive Instructions and by actively endorsing policy documentation developed by Treasury. This includes such matters as the use of the internet email, conflict of interest guidelines, consultant engagement and management guidelines.

Senior Executive Service remuneration

Remuneration of senior executive staff is determined by reference to a pay model identifying pay points. Allocation to a pay point is determined on the basis of experience and performance review.

There is one Senior Executive Service employee in the Office of the Inspector-General and he has an Australian Workplace Agreement in place.

External scrutiny

Audit

Other than annual financial statement audit activity, there have not been any audits of the Inspector-General undertaken by the Australian National Audit Office.

Internal audits

The service level agreement with the Treasury includes for provision of internal audit services. There have not been any internal audits undertaken at this time. The Audit Committee established by the Inspector-General regularly seeks input from the Treasury internal audit on any matters relevant to the Office.

Reports by the Australian National Audit Office, the Ombudsman and others

Administration of the Office of the Inspector-General was not mentioned in any reviews undertaken by the Australian National Audit Office that were tabled in 2007-08. There have not been any comments by the Commonwealth Ombudsman on administrative matters within the Office of the Inspector-General in 2007-08.

Judicial decisions

In 2007-08, no matters relating to the Inspector-General of Taxation were the subject of judicial proceedings or tribunal hearings.

Management of human resources

The Office of the Inspector-General consists of a small number of staff and provides a very good environment for staff to develop through their work and participation in a broad range of agency activities and corporate obligations. The nature of the work does provide for a clear sense of achievement and satisfaction in performing an important community role. However, given its small size and relative stability, staff are recruited on the basis of their current competence with the expectation that career progression will generally occur in the wider public service/professional environment. They are encouraged and supported to provide their best performance while in the service of the Inspector-General.

Performance management

The Performance Management System is based on an annual performance cycle with a formal annual review and a less formal half-yearly review.

The Inspector-General has utilised the design features and infrastructure of the Treasury Performance Management System in the establishment of the Performance Management System. An important feature is transparency in the process used by the Executive in measuring performance and communicating to each individual staff member. All staff report directly to both members of the Executive. Within a very small office environment, monitoring and assessing performance on an individual basis is relatively straightforward. Conversely, it is more difficult to evaluate individual performance against the wider population of people in similar roles.

Australian Workplace Agreements

All Inspector-General of Taxation staff are employed under Australian Workplace Agreements. The employment terms and conditions are consistent for all staff within the Office of Inspector-General of Taxation. Employment conditions and remuneration are determined by reference to the Employment Guidelines which incorporate a pay model (see Tables 6 and 7 for salary scales for SES and non-SES staff). The employment arrangements do not provide for payment of performance pay. This arrangement provides underlying consistency for all employees while providing flexibility in recognising individual circumstances.

The Inspector-General of Taxation Australian Workplace Agreements specifically refers to the Australian Public Service Values in the context of setting out expected performance and behaviour.

Workplace relations

The Inspector-General consults with employees on matters in the workplace.

Recruitment and succession planning

The Inspector-General recruits staff based on merit. The ability to make an immediate contribution to the role of the Office is very important. The opportunity exists under the Inspector-General of Taxation Act 2003 to second staff to the Office.

Training and development

The Inspector-General’s Employment Guidelines reinforce the Inspector-General’s commitment to staff development. As well as providing internal staff training on an ad hoc basis, the Inspector-General financially supports individual staff members who wish to complete post-graduate courses or attend specific development opportunities. Some staff members have continued working towards finalising Masters studies during the year.

Staffing information

Table 5 details the number of staff employed by the Office of Inspector-General of Taxation, by category and gender. All staff are employed under the Public Service Act 1999. However the Inspector-General is a statutory appointee.

Table 5: Operative and paid inoperative staff by classification and gender as at 30 June 2008

Note: IGT staff are employed on an ongoing full-time basis.

Remuneration of SES staff

Table 6: Salary scales — SES

SES officers also have access to airline lounge membership, mobile phones, and some home office facilities.

The Inspector-General of Taxation has his remuneration package determined by the Remuneration Tribunal.

Remuneration of non-SES staff

Table 7: Salary scales — non-SES

The Inspector-General may provide alternative remuneration arrangements in specific circumstances.

Procurement and assets management

Procurement

The Inspector-General of Taxation has adopted Treasury procurement policies and utilises services under a service level agreement. For example, all IT procurement is undertaken by the Treasury IT Procurement Unit. These policies and procedures are consistent with the Inspector-General’s Chief Executive Instructions and the Commonwealth Procurement Guidelines.

To maintain procurement expertise and procedural compliance with the guidelines, all internal procurement documentation is available to staff of the Inspector-General on the Treasury intranet.

Treasury regularly updates the intranet site to incorporate contemporary procurement practice such as the Better Practice Principles outlined in ANAO reports, Engagement of Consultants, Senate Order of June 2002 (February 2003), and the use of confidentiality provisions in Commonwealth contracts.

Assets management

The Treasury, for and on behalf of the Inspector-General, manages both current and non-current assets in accordance with the guidelines set out in the Inspector-General’s Chief Executive Instructions and Australian Accounting Standards.

The Inspector-General’s non-current assets are subject to an annual stocktake to ensure the accuracy of asset records.

Consultancies

Consistent with the Chief Executive Instructions and the Commonwealth Procurement Guidelines, the Office of the Inspector-General engages consultants and contractors on the basis of:

  • value for money;
  • open and effective competition;
  • ethics and fair dealing;
  • accountability and reporting;
  • national competitiveness and industry development; and
  • support for other Australian Government policies.

Typically, consultants are engaged to carry out defined research, provide independent advice or provide information or creative solutions to assist the Inspector-General complete particular reviews or for him to undertake his statutory function. The most common reasons for engagement of consultancy services are:

  • unavailability of specialist in-house resources in the short timeframe available;
  • the need for an independent study or review; and
  • specialist skills and knowledge are not available in-house.

Providers of consultancy services are selected through open tender, select tender, direct sourcing or panels. These processes are detailed in Table 8.

During 2007-08 new consultancy contracts were entered into involving total actual expenditure of $76,191. This amount includes GST.

Table 8: List of new consultancies over $10,000 in 2007-08

Contract prices are inclusive of GST.

(1) Explanation of selection process terms:

  • Open tender — public tenders are sought from the marketplace using national and major metropolitan newspaper advertising and the Australian AusTender internet site.
  • Select tender — tenders are invited from a short list of competent suppliers.
  • Direct sourcing — one supplier (or a limited number of suppliers) is approached directly in certain defined circumstances.
  • Panel — standing offers and supplier panels where the consultant offers to supply goods and services for a pre-determined length of time and usually at a pre-arranged price.

(2) Justification for decision to use consultancy:

  • A Skills currently unavailable within agency.
  • B Need for specialist or professional skills.
  • C Need for independent research or assessment.

Workplace diversity

While needing to recruit a specialist and numerically small workforce, the Inspector-General has ensured that merit-based recruitment processes recognise gender, age and ethnicity issues. In this regard, a reasonable balance has resulted. Broader community involvement is encouraged, with staff members being supported in their professional association activities.

Table 9: Operative and paid inoperative staff by EEO target group

Disability Action Plan

The Inspector-General has evaluated the Treasury Disability Action Plan and will continue to consider options available to a small agency.