Governance Policy - former Standing Council on Environment and

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COUNCIL OF AUSTRALIAN GOVERNMENTS

STANDING COUNCIL ON ENVIRONMENT AND WATER

GOVERNANCE POLICY

Governance encompasses processes by which organisations are directed, controlled and held to account.

Good governance provides the foundation for high performance, strengthens stakeholder confidence and helps organisations perform efficiently and effectively so that they can respond quickly to changing demands.

The Council of Australian Governments Standing Council on Environment and Water (the Council) sees governance as having:

… a very broad coverage, including how an organisation is managed, its corporate and other structures, its culture, its policies and strategies and the way it deals with its various stakeholders. The concept encompasses the manner in which public sector organisations acquit their responsibilities of stewardship by being open, accountable and prudent in decision-making, in providing policy advice, and in managing and delivering programs.

Australian National Audit Office Public Sector Governance Better Practice Guide ANAO 2003:Vol.6

The Council and its Committees are committed to establishing, maintaining and promoting good governance by adhering to principles of accountability, transparency, integrity, stewardship, leadership and efficiency. They do this by ensuring their activities, and those of the Secretariat to Council, are underpinned by:

Strong leadership, culture and communication;

Clear accountability mechanisms;

Comprehensive risk management, compliance and assurance systems;

Appropriate governance committee structures;

Sound financial management;

Working effectively across organisational boundaries;

Strategic planning, performance monitoring and evaluation; and

Flexible and evolving principles-based systems.

While the Council acknowledges that all jurisdictions have their own governance principles and policies, its employees, contractors and other agents, in accepting employment or other formal association with the

Council, have a responsibility to operate in ways that are consistent with this policy.

Governance structure

The Council’s governance structure is at Attachment A.

Accountabilities

Governance gives practical meaning to public sector accountability obligations. The accountabilities matrix at Attachment B details the accountabilities, delegations and reporting requirements for each component of the governance structure.

The Hon Tony Burke MP

Chair, COAG Standing Council on Environment and Water

GOVERNANCE POLICY

Attachment A Council of Australian Governments Standing Council on

Environment and Water Governance Structure

Figure 1

COAG Standing Council on Environment and Water Governance Policy

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GOVERNANCE POLICY

Attachment B Accountabilities Matrix

Body/person Accountabilities (references: NEPC Act)

Council

Council of

Australian

Governments

(COAG)

Standing Council on Environment and Water

(Council)

Accountable to the Australian, New Zealand, State and Territory Governments for initiating, developing and monitoring the implementation of policy reforms of national significance.

Accountable to COAG for achieving COAG’s priority themes by:

 pursuing and monitoring priority issues of national significance which require sustained, collaborative effort in the environment and water focus area

Addressing key areas of shared Commonwealth, state and territory responsibility and/or funding.

It will do this by:

Initiating, developing and monitoring policy reform for consideration by COAG

Overseeing implementation of policy reforms agreed by COAG

Taking joint action to resolve issues arising between governments

Establishing effective operational arrangements to ensure it achieves its priorities and statutory responsibilities

Establishing a Senior Officials Committee and other sub-groups

Consulting with all counterparts when considering new legislation

Ensuring issues relevant to multiple policy areas are considered

Delegation/s Reporting/ frequency

Creation and discontinuation of

Councils to focus on and progress these reforms

Performing collective responsibilities of

Ministers and the

Australian Local

Government

Association (ALGA) as set out in legislation and intergovernmental agreements

Statutory decisionmaking functions under the Trans-

Tasman Mutual

Recognition

Arrangements

Parliaments

As required

COAG Commonwealth-

State Relations Secretariat

(CSRS) - Each meeting

Objectives, outcomes and progress should be communicated publicly in non-bureaucratic language

As set out in Appendix 4,

COAG Council Handbook:

Each meeting: Public record/ communiqué;

Proposed work plan by 31

May - Annually

Progress Report by31 July

- Annually

Review and evaluation -

Every 3 years

3

Body/person

Incorporating

National

Environment

Protection Council

(NEPC)

Senior Officials

Committee (SOC)

Incorporating

NEPC

Committee

Audit and

Governance

Committee

Accountabilities (references: NEPC Act)

Accountable to COAG for:

Making National Environment Protection Measures;

Assessing and reporting on the implementation and effectiveness, in participating jurisdictions, of National Environment Protection Measures; and

Overseeing the NEPC Service Corporation and the management of the NEPC

Executive Officer.

Accountable to the Council for:

Supporting Council’s focus on national strategic priorities;

Developing and progressing issues for Council meetings;

Supporting Council’s policy, implementation and governance responsibilities;

Supporting the effective and efficient operations of Council’s administrative arrangements;

 Delegating items of a procedural and technical nature; and

 Supporting the effective and efficient progress of intra-jurisdictional collaborative activities within and outside the remit of COAG.

Accountable to the National Environment Protection Council for fulfilling responsibilities under the National Environment Protection Council Act 1994 (Cth) (NEPC Act) including:

 supporting the Council in implementing the NEPC Act including making National

Environment Protection Measures and reporting on their implementation and effectiveness; and

 overseeing the management of NEPC Service Corporation budget and the performance of the NEPC Executive Officer.

Accountable to Council through the SOC for fulfilling its Terms of Reference including reviewing the integrity and prudence of management control systems. This includes review of policies or practices by ensuring the Secretariat has in place:

Good governance principles;

 Reliable financial and management reporting systems;

 Effective and efficient internal and external audit services;

Delegation/s

Decision-making powers under the

NEPC Act 1994

Powers to be including creating and discontinuing working groups except those to it by Council

GOVERNANCE POLICY

Reporting/ frequency delegated by Council

Delegated- powers under the NEPC Act

No executive powers expressly delegated

NEPC Annual Report

Council

Each meeting

Council

Biannually

SOC -After each meeting

Council - Annually

4

Body/person

Thematic

Oversight Groups

(TOGs)

Subordinate

Groups

Accountabilities (references: NEPC Act)

Sound internal control framework;

Identification, management and monitoring of risks; and

Compliance with applicable laws, regulations and government policies.

Accountable to the SOC as defined in agreed Terms of Reference for advising SOC on the delivery of outcomes against COAG’s priorities

Delegation/s

Accountable to the SOC or a TOG as defined in relevant Terms of Reference for specific, usually time limited deliverables.

GOVERNANCE POLICY

Reporting/ frequency

No executive powers except those expressly delegated to it by Council or

SOC

No executive powers except those expressly delegated to it by Council or

SOC

SOC

Bi annually

SOC or TOG

Quarterly

Secretariat

NEPC Executive

Officer and NEPC

Service

Corporation

Secretariat staff

Project Managers

Statutory officer appointed by and accountable to Council and agencies such as the

Commonwealth Auditor-General and Ombudsman for the operations of the NEPC Service

Corporation.

All acts and things done in the name of, or on behalf of, the NEPC Service Corporation by or with the authority of the NEPC Executive Officer are taken to have been done by the

Corporation(s40).

Accountable to Council, incorporating NEPC, through the SOC for advising and supporting

Council in performance of its functions and exercise of powers including:

 Logistical and administrative support for Council, SOC, the TOGs and the Audit and Governance Committee; and

Management of NEPC funds including establishing and implementing an internal control framework, monitoring budgets, timeframes and key milestones for all activities.

Accountable to the Executive Officer under the Service Level Agreement with DSEWPaC for assisting with support functions outlined above.

Accountable to the Executive Officer for managing projects under agreed protocols, including advising on the ethical and efficient use of NEPC funds.

Powers under the

NEPC Act (s37)

Conducts the affairs of the NEPC Service

Corporation

Delegated powers under the NEPC Act

1994

As delegated by the

Executive Officer

None

Council through the SOC

In line with agreed reporting framework

NEPC Annual Report

Executive Officer –

Monthly

5

Body/person Accountabilities (references: NEPC Act) Delegation/s

GOVERNANCE POLICY

Reporting/ frequency

SOC – bi-annually

TOGs – quarterly

Key third party relationships

DSEWPaC

Accountable to the Executive Officer under a Service Level Agreement (SLA) for:

Provision of staff, specialist advice (including financial management, audit, legal, procurement), access to procurement panels, accommodation, ICT systems; and

Other services specified under the SLA or as agreed from time to time in writing with the Executive Officer or the SOC.

Contractors

Accountable to the Project Manager under the applicable contract in consultation with the Executive Officer for:

Providing specific technical advice based on research, analysis, investigations, design and consultation;

Preparing reports or giving presentations as required;

Supporting working groups;

Taking a risk management approach to their work; and

Complying with all Council policies and regulatory requirements.

N/A

None

Executive Officer

As set out in the SLA

As set out in the applicable contract

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GOVERNANCE POLICY

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