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Statutory and required reporting
Senate Continuing Order No. 12
Senate Continuing Order No. 12 requires that ‘each department and agency must provide, on its internet home page, an indexed list of the titles of all relevant files, including new parts of existing files’:
a) created between 1 July and 31 December of the preceding year in the central office of that department or agency, not later than the tenth day of the autumn sittings of Parliament; and
b) created between 1 January and 30 June of that year in the central office of that department or agency, not later than the tenth day of the spring sittings of Parliament.
Click on the following download links to access the relevant file list.
- January - June 2023 (PDF, 95KB)
- July - December 2022 (PDF, 94KB)
- January - June 2022 (PDF, 108KB)
- July - December 2021 (PDF, 99KB)
- January - June 2021 (PDF, 415KB)
Senate Order on Government Contracts
On 20 June 2001, the Senate agreed to an order requiring each Minister to table a letter of advice that a list of contracts, in respect of each agency administered by that Minister, has been placed on the internet, with access to the list through the department’s home page. The letter must be tabled no later than the tenth day of the spring and autumn sittings each year.
From 1 July 2015, the revised Senate Order requires that only contracts formed through grants, sales of goods/services by an entity, disposals by an entity, and other financial arrangements (non-procurement contracts) be included in the internet listing. Procurement contracts are not to be included in the internet listing. Reports on procurement contracts will be generated by the Department of Finance and published on AusTender (www.tenders.gov.au) and can be accessed by the Senate Order button.
The National Competition Council is subject to the Senate Order but, as it has not entered into any non-procurement contracts, has not produced listings for the following periods:
- Financial years: each financial year from 1 July 2015 to 30 June 2023.
- Calendar years: each calendar year from 1 January 2015 to 31 December 2022.
There is no cost associated with complying with this Senate Order.
Click on the following download links to access the relevant historical list.
Senate Order on Commonwealth Grants
The Commonwealth Grants Guidelines requires agencies to publish, on its website, information on its individual grants no later than seven working days after the funding agreement for the grant takes effect. The table below lists grants awarded by the Council.
|Agency||Program Title||Program Component (if applicable)||Recipient||Purpose||Value||Approval Date||Grant Term (months)||Grant Funding Location||Postcode|
|NCC||One-off||NA||Australian Legal Information Institute||To facilitate access to free online legal information||$5,000||19 February 2013||12||Broadway NSW||2007|
Privacy Impact Assessment Register
The NCC maintains this Privacy Impact Assessment (PIA) Register in accordance with section 15 of the Australian Government Agencies Privacy Code (the Privacy Code). Under the Privacy Code, agencies must conduct a PIA for all high privacy risk projects.
No PIAs have been conducted. The NCC will update this Register with any PIAs completed.
Legal Services Expenditure Report 2021-22
This is a statement of external legal services expenditure by the National Competition Council for the financial year ended 30 June 2022, published in compliance with paragraph 11.1(ba) of the Legal Services Directions 2017.
|Summary of External Legal Services Expenditure|
|Total value of briefs to Counsel||$0|
|Total value of disbursements (excluding counsel)||$0|
|Total value of professional fees paid||$10,303|
|Total External Legal Services Expenditure||$10,303|
The above figures are all GST exclusive.
The above figures do not include the National Competition Council's internal legal services expenditure.
The above figures were prepared on an accrual basis.
Senior Executive Remuneration
From 1 July 2014, the National Competition Council no longer employ any staff, but procures services from the Australian Competition and Consumer Commission under a Memorandum of Understanding (for more information, click here). The President and Councillors of the National Competition Council are remunerated in accordance with Remuneration Tribunal (Remuneration and Allowances for Holders of Part-time Public Office) Determination 2018 (available on the Remuneration Tribunal’s website). This information is also reported in the Council’s annual report.
NCC report made under 16C of the Remuneration Tribunal Act 1973
The National Competition Council councillors are remunerated according to determinations issued by the Remuneration Tribunal under the Remuneration Tribunal Act 1973 (Act).
Section 16C of the Act requires accountable authorities to publish reports of payments falling within s16A(1) of the Act, that is payments that, although made bona fide, were not made consistently with the requirements of the relevant determination of the Remuneration Tribunal and are recoverable.
The NCC has conducted a review of remuneration of one of its councillors and identified the following payments reportable under s16C of the Act, as at 30 June 2020.
Number of s16A(1) payments Total payments
For the reporting period ending 30 June 2020 22 $17,536.37
Payments subject of deferred reporting obligations
For the financial year ended 2019 26 $20,318.28
For the financial year ended 2018 5 $3,218.41
Total 53 $41,073.06
Note: Total payments include gross salary and super.
Audit Committee Terms of Reference
The NCC Accountable Authority has established an Audit Committee in accordance with section 45 of the Public Governance Performance and Accountability Act and section 17 of the Public Governance, Performance and Accountability Rule 2014.
Gifts and Benefits Register
Under the Australian Public Service Commission's Guidance for Agency Heads: Gifts and Benefits, agency heads must publish a register of gifts and benefits they accept that are valued at over $AUD100.00 (excluding GST) on their website on a quarterly basis.
Commonwealth Child Safe Framework Statement of Compliance
This statement outlines and confirms the National Competition Council’s (NCC) commitment to child safety and compliance with the requirements of the Commonwealth Child Safe Framework, for the 2023/24 financial year.
The NCC is a research and advisory body which was established in 1995 by agreement of the Council of Australian Governments (COAG).
The NCC’s main function is to recommend on the regulation of third party access to services provided by monopoly infrastructure. Section 29B of the Competition and Consumer Act 2010 sets out the functions and powers of the Council.
The National Access Regime in Part IIIA of the Competition and Consumer Act 2010 (Cth) (CCA) seeks to promote the efficient operation of, use of and investment in monopoly infrastructure. The regime provides for access to the services of infrastructure facilities on appropriate terms, through the declaration of services.
The NCC’s role under the National Access Regime is to make recommendations to relevant ministers in relation to applications for declaration of services and also the certification of state or territory access regimes.
The NCC has a similar role under the Western Australian National Gas Law, whereby it makes recommendations on the coverage of natural gas pipeline systems. Under the Western Australian National Gas Law, the Council also has the tasks of deciding the form of regulation of natural gas pipeline systems (light or full regulation), classifying pipelines (as transmission or distribution) and recommending in relation to various exemptions for greenfields gas pipelines.
In undertaking these activities the employees or staff provided under an MOU with the Australian Competition and Consumer Commission do not ordinarily interact with children.
The National Competition Council has undertaken the child safety risk assessment for 2023−24 and determined the risk as very low.