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Published

Actions for Planning, Industry and Environment 2021

Planning, Industry and Environment 2021

Environment
Industry
Local Government
Planning
Asset valuation
Financial reporting
Information technology
Internal controls and governance
Risk

This report analyses the results of our audits of the Planning, Industry and Environment cluster agencies for the year ended 30 June 2021.

Our preferred approach is to table the ‘Report on State Finances’ in Parliament before any other cluster report. This is because the 'Report on State Finances' focuses on the audit results and observations relating to the Total State Sector Accounts, in effect a consolidation of all government agencies. This year the 'Report on State Finances' has been delayed due to significant accounting issues being considered in the Total State Sector Accounts and which may impact the Treasury and Transport clusters.

As there are no outstanding matters relating to audits in the Planning, Industry and Environment cluster impacting the Total State Sector Accounts we have decided to break with normal practice and table this cluster report ahead of the ‘Report on State Finances’.

What the report is about

The results of the Planning, Industry and Environment cluster agencies' financial statements audits for the year ended 30 June 2021.

What we found

Unmodified audit opinions were issued for all completed 30 June 2021 financial statements audits of cluster agencies. Three audits are ongoing.

An 'Other Matter' paragraph was included in the Independent Planning Commission's (the IPC) audit opinion because the prior year comparative figures were not audited. Prior to 2020–21, the IPC was not required to prepare separate financial statements under the Public Finance and Audit Act 1983 (PF&A Act). The financial reporting provisions of the Government Sector Finance Act 2018 now require the IPC to prepare financial statements.

The number of identified misstatements increased from 51 in 2019–20 to 54 in 2020–21.

The 2010–11 to 2019–20 audits of the Water Administration Ministerial Corporation’s (the Corporation) financial statements are incomplete due to insufficient records and evidence to support the transactions of the Corporation, particularly for the earlier years. Management has commenced actions to improve the governance and financial management of the Corporation. These audits are currently in progress and the 2020–21 audit will commence shortly.

There are 609 State controlled Crown land managers (CLMs) across New South Wales that predominantly manage small parcels of Crown land.

Eight CLMs prepared and submitted 2019–20 financial statements by the revised deadline of 30 June 2021. A further 24 CLMs did not prepare financial statements in accordance with the PF&A Act. The remaining CLMs were not required to prepare 2019–20 financial statements as they met NSW Treasury's financial reporting exemption criteria.

The Department of Planning, Industry and Environment's (the department) preliminary assessment indicates that 60 CLMs are required to prepare financial statements in 2020–21. To date, no CLMs have prepared and submitted financial statements for audit in 2020–21.

There are also 120 common trusts that have never submitted financial statements for audit. Common trusts are responsible for the care, control and management of land that has been set aside for specific use in a certain locality, such as grazing, camping or bushwalking.

What the key issues were

The number of matters we reported to management increased from 135 in 2019–20 to 180 in 2020–21, of which 40 per cent were repeat findings.

Seven high-risk issues were identified in 2020–21:

  • system control deficiencies at the department relating to user access to HR and payroll management systems, vendor master data management and journal processing, which require manual reviews to mitigate risks
  • deficiencies related to the Centennial Park and Moore Park Trust's tree assets valuation methodology
  • the Lord Howe Island Board did not regularly review and monitor privileged user access rights to key information systems
  • the Natural Resources Access Regulator identified and adjusted three prior period errors retrospectively, which indicate deficiencies within the financial reporting processes
  • deficiencies relating to the Parramatta Park Trust's tree assets valuation methodology
  • lease arrangements have not been confirmed between the Planning Ministerial Corporation and Office of Sport regarding the Sydney International Regatta Centre
  • the Wentworth Park Sporting Complex land manager (the land manager) has a $6.5 million loan with Greyhound Racing NSW (GRNSW). GRNSW requested the land manager to repay the loan. However, the land manager subsequently requested GRNSW to convert the loan to a grant. Should this request be denied, the land manager would not be able to continue as a going concern without financial support. This matter remains unresolved for many years.

There continues to be significant deficiencies in Crown land records. The department uses the Crown Land Information Database (CLID) to record key information relating to Crown land in New South Wales that are managed and controlled by the department and land managers (including councils and land managers controlled by the state). The CLID system was not designed to facilitate financial reporting and the department is required to conduct extensive adjustments and reconciliations to produce accurate information for the financial statements.

The department is implementing a new system to record Crown land (the CrownTracker project). The department advised that the project completion date will be confirmed by June 2022.

What we recommended

The department should ensure CLMs and common trusts meet their statutory reporting obligations.

Cluster agencies should prioritise and action recommendations to address internal control deficiencies, with a focus on addressing high-risk and repeat issues.

The department should prioritise action to ensure the Crown land database is complete and accurate. This will allow the department and CLMs to be better informed about the Crown land they control.

Fast facts

The Planning, Industry and Environment cluster aims to make the lives of people in New South Wales better by developing well-connected communities, preserving the environment, supporting industries and contributing to a strong economy.

There are 54 agencies, 609 State controlled Crown land managers that predominantly manage small parcels of Crown land and 120 common trusts in the cluster.

  • 42% of the area of NSW is Crown land
  • $33.2b water and electricity infrastructure as at 30 June 2021
  • 100% unqualified audit opinions were issued for all completed 30 June 2021 financial statements audits
  • 7 high-risk management letter findings were identified
  • 54 monetary misstatements were reported in 2020–21
  • 40% of reported issues were repeat issues

This report provides parliament and other users of the Planning, Industry and Environment cluster (the cluster) agencies’ financial statements with the results of our audits, our observations, analysis, conclusions and recommendations in the following areas:

  • financial reporting
  • audit observations.

Financial reporting is an important element of good governance. Confidence and transparency in public sector decision-making are enhanced when financial reporting is accurate and timely.

This chapter outlines our audit observations related to the financial reporting of agencies in the Planning, Industry and Environment cluster (the cluster) for 2021.

Section highlights

  • Unmodified audit opinions were issued for all completed 30 June 2021 financial statements audits of cluster agencies. Three audits are ongoing.
  • An 'Other Matter' paragraph was included in the Independent Planning Commission’s (the IPC) audit opinion because the prior year comparative figures were not audited. Prior to 2020–21, the IPC was not required to prepare separate financial statements under the Public Finance and Audit Act 1983. From 2020–21, the IPC is required to prepare financial statements under the Government Sector Finance Act 2018.
  • The 2010–11 to 2019–20 audits of the Water Administration Ministerial Corporation’s (the Corporation) financial statements were incomplete due to insufficient records and evidence to support the transactions of the Corporation, particularly for the earlier years. These audits are currently underway, and the 2020–21 audit will commence shortly.
  • The Department of Planning, Industry and Environment's (the department) preliminary assessment indicates that 60 State controlled Crown land managers (CLMs) are required to prepare financial statements in 2020–21. To date, no CLMs have prepared and submitted financial statements for audit in 2020–21. All 120 common trusts have never submitted their financial statements for audit. The department needs to do more to ensure that the CLMs and common trusts meet their statutory reporting obligations.
  • Nine agencies that were required to perform early close procedures did not complete a total of 20 mandatory procedures. The most common incomplete early close procedures include the revaluation of property, plant and equipment, documenting all significant management judgments and assumptions, and the implementation of new and updated accounting standards.

Appropriate financial controls help ensure the efficient and effective use of resources and administration of agency policies. They are essential for quality and timely decision-making.

This chapter outlines our observations and insights from our financial statements audits of agencies in the Planning, Industry and Environment cluster.

Section highlights

  • The number of findings reported to management has increased from 135 in 2019–20 to 180 in 2020–21, and 40 per cent were repeat issues.
  • Seven high-risk issues were identified in 2020–21, and three high-risk findings were repeat issues.
  • There continues to be significant deficiencies in Crown land records. The department should prioritise action to ensure the Crown land database is complete and accurate.

Appendix one - Misstatements in financial statements submitted for audit

Appendix two – Early close procedures

Appendix three – Timeliness of financial reporting

Appendix four – Financial data

 

Copyright notice

© Copyright reserved by the Audit Office of New South Wales. All rights reserved. No part of this publication may be reproduced without prior consent of the Audit Office of New South Wales. The Audit Office does not accept responsibility for loss or damage suffered by any person acting on or refraining from action as a result of any of this material.

Published

Actions for Premier and Cabinet 2021

Premier and Cabinet 2021

Premier and Cabinet
Whole of Government
Asset valuation
Financial reporting
Infrastructure
Internal controls and governance
Shared services and collaboration

This report analyses the results of our audits of the Premier and Cabinet cluster agencies for the year ended 30 June 2021.

Our preferred approach is to table the ‘Report on State Finances’ in Parliament before any other cluster report. This is because the 'Report on State Finances' focuses on the audit results and observations relating to the Total State Sector Accounts, in effect a consolidation of all government agencies. This year the 'Report on State Finances' has been delayed due to significant accounting issues being considered in the Total State Sector Accounts and which may impact the Treasury and Transport clusters.

As there are no outstanding matters relating to audits in the Premier and Cabinet cluster impacting the Total State Sector Accounts we have decided to break with normal practice and table this cluster report ahead of the ‘Report on State Finances’.

What the report is about

The results of the Premier and Cabinet cluster (the cluster) agencies' financial statement audits for the year ended 30 June 2021.

What we found

Unmodified audit opinions were issued for all Premier and Cabinet cluster agencies.

The number of monetary misstatements decreased from 49 in 2019–20 to 38 in 2020–21.

The Library Council of New South Wales corrected a prior period error of $325 million. In 2017, the council split its collection assets into six asset classes, but not the related asset revaluation reserves. To correct this error, some revaluation decrements previously recognised in asset revaluation reserves were reclassified to accumulated funds.

Eight agencies did not complete all of the mandatory early close procedures.

What the key issues were

The Premier and Cabinet cluster was impacted by three Machinery of Government (MoG) changes during 2020–21.

The changes resulted in the transfer of activities and functions in and out of the cluster and the creation of a new entity - Investment NSW.

The transferor entities continued to provide services to Investment NSW subsequent to 30 June 2021. There were no formal service level agreements in place for the provision of these services.

The New South Wales Electoral Commission (the Commission) and Sydney Opera House Trust obtained letters of financial support from their relevant Minister and/or NSW Treasury in 2020–21. The postponement of local government elections impacted the Commission's operations due to increased planned expenditure to support a COVID-safe election. Sydney Opera House Trust's ability to generate revenue was impacted due to the closure of the Concert Hall partly due to COVID-19 and planned renovations.

The number of repeated audit issues raised with management and those charged with governance increased from 22 in 2019–20 to 24 in 2020–21.

There were 47 moderate risk and 28 low risk findings identified. Of the total findings there were 24 repeat issues.

What we recommended

Investment NSW should ensure services received from other agencies are governed by service level agreements.

Fast facts

The Department of Premier and Cabinet supports the Premier and Cabinet to deliver the government's objectives, infrastructure, preparedness for disaster, incident recovery, arts and culture.

  • $11.9b of property, plant and equipment as at 30 June 2021
  • $4.4b total expenditure incurred in 2020-21
  • 100% unqualified audit opinions were issued on agencies' 30 June 2021 financial statements
  • 47 moderate risk findings were reported to management 
  • 38 monetary misstatements were reported in 2020-21
  • 32% of all reported issues were repeat issues.

This report provides Parliament and other users of the Premier and Cabinet’s financial statements with the results of our audits, our observations, analysis, conclusions and recommendations in the following areas:

  • financial reporting
  • audit observations.

Financial reporting is an important element of good governance. Confidence and transparency in public sector decision making are enhanced when financial reporting is accurate and timely.

This chapter outlines our audit observations related to the financial reporting of agencies in the Premier and Cabinet cluster (the cluster) for 2021.

Section highlights

  • Unqualified audit opinions were issued on all completed cluster agencies' 2020–21 financial statements.
  • Monetary misstatements decreased from 49 in 2019–20 to 38 in 2020–21.
  • Thirteen agencies were exempt from financial reporting in 2020–21. 

Appropriate financial controls help ensure the efficient and effective use of resources and administration of agency policies. They are essential for quality and timely decision making.

This chapter outlines our observations and insights from our financial statement audits of agencies in the Premier and Cabinet cluster.

Section highlights

  • The 2020–21 audits identified 47 moderate risk issues across the cluster. Sixteen of the moderate risk issues were repeat issues. Many repeat issues related to governance and oversight and information technology.
  • The number of moderate risk findings increased by 42 per cent in 2020–21.
  • The moderate risk issues included information technology improvements, lack of service level agreements, risk management, contract and procurement and asset management improvements.

Appendix one – Misstatements in financial statements submitted for audit

Appendix two – Early close procedures

Appendix three – Timeliness of financial reporting

Appendix four – Financial data

 

Copyright notice

© Copyright reserved by the Audit Office of New South Wales. All rights reserved. No part of this publication may be reproduced without prior consent of the Audit Office of New South Wales. The Audit Office does not accept responsibility for loss or damage suffered by any person acting on or refraining from action as a result of any of this material.

Published

Actions for Regional NSW 2021

Regional NSW 2021

Environment
Industry
Asset valuation
Compliance
Financial reporting
Infrastructure
Internal controls and governance
Management and administration
Service delivery

This report analyses the results of our audits of the Regional NSW cluster agencies for the year ended 30 June 2021.

Our preferred approach is to table the ‘Report on State Finances’ in Parliament before any other cluster report. This is because the 'Report on State Finances' focuses on the audit results and observations relating to the Total State Sector Accounts, in effect a consolidation of all government agencies. This year the 'Report on State Finances' has been delayed due to significant accounting issues being considered in the Total State Sector Accounts and which may impact the Treasury and Transport clusters.

As there are no outstanding matters relating to audits in the Regional NSW cluster impacting the Total State Sector Accounts we have decided to break with normal practice and table this cluster report ahead of the ‘Report on State Finances’.

What the report is about

The results of the Regional NSW cluster (the cluster) agencies’ financial statement audits for the year ended 30 June 2021.

What we found

Unmodified audit opinions were issued for all completed 30 June 2021 financial statement audits of cluster agencies. Four audits are ongoing.

The number of misstatements identified in the financial statements of cluster agencies decreased from 27 in 2019–20 to seven in 2020–21.

The Department corrected an understatement of $82.2 million in prepaid income related to the Bushfire Clean-up Program.

What the key issues were

Local Land Services (LLS) undertook a comprehensive revaluation of asset improvements on land reserves used for moving stock (travelling stock reserves).

The revaluation process identified that improvements on land reserves, with a value of $93.0 million, had not been previously recognised in the financial statements. LLS corrected this error by restating the 2019–20 comparative balances in its 2020–21 financial statements.

The Forestry Corporation of NSW revalued its biological assets that comprise approximately 225,000 hectares of softwood plantations and 34,000 hectares of hardwood forests. The current year valuation resulted in $71.4 million decrement in the total biological assets from $824.9 million in 2019–20 to $753.5 million in 2020–21.

The number of matters reported to management decreased from 36 in 2019–20 to 19 in 2020–21. Twelve moderate risk issues were identified and 47 per cent of reported issues were repeat issues.

What we recommended

Cluster agencies should prioritise and action recommendations to address internal control deficiencies.

 

Fast facts

The Regional NSW cluster plans and delivers regional programs and infrastructure to respond to regional issues, creating and preserving regional jobs, driving regional economy, growing existing and supporting emerging industries. There are 31 agencies in the cluster.

  • $2.3b of regional land and buildings as at 30 June 2021.

  • 100% unqualified audit opinions were issued for all completed 30 June 2021 financial statements audits.

  • monetary misstatements were reported in 2020–21.

  • $603m of grants and subsidies administered to the regional community in 2020–21.

  • 12 moderate risk management letter findings were identified and reported to management.

  • 47% of reported issues were repeat issues. 

This report provides Parliament and other users of the Regional NSW cluster agencies’ financial statements with the results of our audits, our observations, analysis, conclusions and recommendations in the following areas:

  • financial reporting
  • audit observations.

Financial reporting is an important element of good governance. Confidence and transparency in public sector decision making are enhanced when financial reporting is accurate and timely.

This chapter outlines our audit observations related to the financial reporting of agencies in the Regional NSW cluster for 2021.

Section highlights

  • Unqualified audit opinions were issued for all completed 30 June 2021 financial statements audits of cluster agencies. Four audits are ongoing.
  • The number of monetary misstatements identified during the audit decreased from 27 in 2019–20 to seven in 2020–21.
  • Three cluster agencies could improve their early close process by completing all required procedures.
  • Local Land Services disclosed a prior period error relating to the completeness of asset improvements on travelling stock reserves.

 

Appropriate financial controls help ensure the efficient and effective use of resources and administration of agency policies. They are essential for quality and timely decision making.

This chapter outlines our observations and insights from our financial statement audits of agencies in the Regional NSW cluster.

Section highlights

  • The number of findings reported to management decreased from 36 in 2019–20 to 19 in 2020–21, and 47 per cent were repeat findings.
  • The 2020–21 audits identified 12 moderate risk and seven low risk issues across the cluster.
  • Four moderate risk issues and five low risk issues were repeat findings from
    2019–20.

 

Appendix one - Misstatements in financial statements submitted for audit

Appendix two - Early close procedures

Appendix three - Financial data

 

Copyright notice

© Copyright reserved by the Audit Office of New South Wales. All rights reserved. No part of this publication may be reproduced without prior consent of the Audit Office of New South Wales. The Audit Office does not accept responsibility for loss or damage suffered by any person acting on or refraining from action as a result of any of this material.

Published

Actions for Managing cyber risks

Managing cyber risks

Whole of Government
Transport
Cyber security
Information technology
Internal controls and governance
Procurement
Risk

What the report is about

This audit assessed how effectively Transport for NSW (TfNSW) and Sydney Trains identify and manage their cyber security risks.

The NSW Cyber Security Policy (CSP) sets out 25 mandatory requirements for agencies, including implementing the Australian Cyber Security Centre’s Essential 8 strategies to mitigate cyber security incidents, and identifying the agency’s most vital systems, their ‘crown jewels’. 

The audited agencies have requested that we do not disclose detail of the significant vulnerabilities detected during the audit, as these vulnerabilities are not yet remediated. We provided a detailed report to the agencies in December 2020 outlining significant issues identified in the audit. We have conceded to the agencies' request but it is disappointing that transparency to the Parliament and the public on issues that potentially directly affect them needs to be limited in this way.

What we found

TfNSW and Sydney Trains are not effectively managing their cyber security risks.

Both agencies have assessed their cyber security risks as unacceptably high and both agencies had not identified all of the risks we detected during this audit – some of which are significant.

Both agencies have cyber security plans in place that aim to address cyber security risks. TfNSW and Sydney Trains have combined this into the Transport Cyber Defence Rolling Program, part of the Cyber Defence Portfolio (CDP). 

However, neither agency has reached its target ratings for the CSP and the Essential 8 and maturity is low in relation to significant risks and vulnerabilities exposed.

Further, neither agency is fostering a culture where cyber security risk management is an important and valued aspect of decision-making.

TfNSW is not implementing cyber security training effectively across the cluster with only 7.2% of staff having completed basic cyber security training.

What we recommended

TfNSW and Sydney Trains should:

  • develop and implement a plan to uplift the Essential 8 controls to the agency's target state
  • as a matter of priority, address the vulnerabilities identified as part of this audit and previously described in a detailed Audit Office report provided to both agencies
  • ensure cyber security risk reporting to executives and the Audit and Risk Committee
  • collect supporting information for the CSP self assessments 
  • classify all information and systems according to importance and integrate this with the crown jewels identification process
  • require more rigorous analysis to re-prioritise CDP funding 
  • increase uptake of cyber security training.

TfNSW should assess the appropriateness of its target rating for each of the CSP mandatory requirements.

Department of Customer Service should:

  • clarify the requirement for the CSP reporting to apply to all systems
  • require agencies to report the target level of maturity for each mandatory requirement.

Fast facts

  • $42m Total value of the Transport Cyber Defence Rolling Program over three years.
  • 7.2% Percentage of staff across the Transport cluster who had completed introductory cyber security training

Response to requests by audited agencies to remove information from this report

In preparing this audit report, I have considered how best to balance the need to support public accountability and transparency with the need to avoid revealing information that could pose additional risk to agencies’ systems. This has involved an assessment of the appropriate level of detail to include in the report about the cyber security vulnerabilities identified in this audit.

In making this assessment, the audit team consulted with Transport for NSW (TfNSW), Sydney Trains, and Cyber Security NSW to identify content which could potentially pose a threat to the agencies’ cyber security.

In December 2020, my office also provided TfNSW and Sydney Trains with a detailed report of many of the significant vulnerabilities identified in this audit, to enable the agencies to address the cyber security risks identified. The detailed report was produced as a result of a 'red team' exercise, which was conducted with both agencies' knowledge and consent. The scope of this exercise reflected the significant input provided by both agencies. More information on this exercise is at page 12 of this report.

TfNSW and Sydney Trains have advised that in the six months from December 2020 and at the time of tabling this audit report, they have not yet remediated all the vulnerabilities identified. As a result, they, along with Cyber Security NSW, have requested that we not disclose all information contained in this audit report to reduce the likelihood of an attack on their systems and resulting harm to the community. I have conceded to this request because the vulnerabilities identified have not yet been remediated and leave the agencies exposed to significant risk.

It should be stressed that the risks identified in the detailed report exist due to the continued presence of these previously identified vulnerabilities, rather than due to their potential publication. The audited agencies, alone, are accountable for remediating these vulnerabilities and addressing the risks they pose.

It is disappointing that transparency to the Parliament and the public on issues that potentially directly affect them needs to be limited in this way.

That said, the conclusions drawn in this report are significant in terms of risk and remain valid, and the recommendations should be acted upon with urgency.

Cyber security risk is an increasing area of concern for governments in Australia and around the world. In recent years, there have been a number of high-profile cyber security attacks on government entities in Australia, including in New South Wales. Malicious cyber activity in Australia is increasing in frequency, scale, and sophistication. The Audit Office of New South Wales is responding to these risks with a program of audits in this area, which aim to identify the effectiveness of particular agencies in managing cyber risks, as well as their compliance with relevant policy.

Cyber Security NSW, part of the Department of Customer Service (DCS) releases and manages the NSW Cyber Security Policy (CSP). The CSP sets out 25 mandatory requirements for agencies, including making it mandatory for agencies to implement the Australian Cyber Security Centre Essential 8 Strategies to Mitigate Cyber Security Incidents (the Essential 8). The Essential 8 are key controls which serve as a baseline set of protections which agencies can put in place to make it more difficult for adversaries to compromise a system. Agencies are required to self-assess their maturity against the CSP and the Essential 8, and report that assessment to Cyber Security NSW annually.

The CSP makes agencies responsible for identifying and managing their cyber security risks. The CSP sets out responsibilities and governance regarding risk identification, including making agencies responsible for identifying their 'crown jewels', the agency's most valuable and operationally vital systems. Once these risks are identified, agencies are responsible for developing a cyber security plan to mitigate those risks.

This audit focussed on two agencies: Transport for NSW (TfNSW) and Sydney Trains. TfNSW is the lead agency for the Transport cluster and provides a number of IT services to the entire cluster, including Sydney Trains. This audit focussed on the activities of TfNSW's Transport IT function, which is responsible for providing cyber security across the cluster, as well as directly overseeing four of TfNSW's crown jewels. Sydney Trains is one of the agencies in the Transport cluster. While it receives some services from TfNSW, it is also responsible for implementing its own IT controls, as well as controls to protect its Operational Technology (OT) environment. This OT environment includes systems which are necessary for the operation and safety of the train network.

To test the mitigations in place and the effectiveness of controls, this audit involved a 'red team' simulated exercise. A red team involves authorised attackers seeking to achieve certain objectives within the target's environment. The red team simulated a determined external cyber threat actor seeking to gain access to TfNSW's systems. The red team also sought to test the physical security of some Sydney Trains' sites relevant to the agency's cyber security. The red team exercise was conducted with the knowledge of TfNSW and Sydney Trains.

This audit included the Department of Customer Service as an auditee, as they have ownership of the CSP through Cyber Security NSW. This audit did not examine the management of cyber risk in the Department of Customer Service.

This audit assessed how effectively selected agencies identify and manage their cyber security risks. The audit assessed this with the following criteria:

  • Are agencies effectively identifying and planning for their cyber security risks?
  • Are agencies effectively managing their cyber security risks?

Following this in-depth portfolio assessment, the Auditor-General for NSW will also table a report on NSW agencies' compliance with the CSP in the first quarter of 2021–22.

Conclusion

Transport for NSW and Sydney Trains are not effectively managing their cyber security risks. Significant weaknesses exist in their cyber security controls, and both agencies have assessed that their cyber risks are unacceptably high. Neither agency has reached its Essential 8 or Cyber Security Policy target levels. This low Essential 8 maturity exposes both agencies to significant risk. Both agencies are implementing cyber security plans to address identified cyber security risks.
This audit identified other weaknesses, such as low numbers of staff receiving basic cyber security awareness training. Cyber security training is important for building and supporting a cyber security culture. Not all of the weaknesses identified in this audit had previously been identified by the agencies, indicating that their cyber security risk identification is only partially effective.
Agency executives do not receive regular detailed information about cyber risks and how they are being managed, such as information on mitigations in place and the effectiveness of controls for cyber risk. As a result, neither agency is fostering a culture where cyber security risk management is an important and valued aspect of executive decision-making.
TfNSW and Sydney Trains are partially effective at identifying their cyber security risks and both agencies have cyber security plans in place

Both agencies regularly carry out risk assessments and have identified key cyber security risks, including risks that impact on the agencies' crown jewels. These risks have been incorporated into the overall enterprise risk process. However, neither agency regularly reports detailed cyber risk information to agency executives to adequately inform them about cyber risk. The Cyber Security Policy (CSP) requires agencies to foster a culture where cyber security risk management is an important and valued aspect of decision-making. By not informing agency executives in this way, TfNSW and Sydney Trains are not fulfilling this requirement.

Agencies' cyber security risk assessment processes are not sufficiently comprehensive to identify all potential risks. Not all of the weaknesses identified in this audit had previously been identified by the agencies.

To address identified cyber security risks, both agencies have received funding approval to implement cyber security plans. TfNSW first received approval for its cyber security plan in 2017. Sydney Trains received approval for its cyber security plan in February 2020. In 2020–21 TfNSW and Sydney Trains combined their plans into the Transport Cyber Defence Rolling Program business case valued at $42.0 million over three years. This is governed as part of a broader Cyber Defence Portfolio (CDP). The CDP largely takes a risk-based approach to annual funding. The Cyber Defence Portfolio Steering Committee and Board can re-allocate funds from an approved project to a different project. This re-allocation process could be improved by making it more risk-based.

TfNSW and Sydney Trains are not effectively managing their cyber security risks

Neither agency has fully mitigated its cyber security risks. These risks are significant. Neither TfNSW nor Sydney Trains have reduced their cyber risk to levels acceptable to the agencies. Both agencies have set a risk tolerance for cyber security risks, and the identified enterprise-level cyber security risks remain above this rating. Both agencies' self-attested maturity against the Essential 8 remains low in comparison to the agencies' target levels, and in relation to the significant risks and vulnerabilities that are exposed. Little progress was made against the Essential 8 in 2020.

Neither agency has reached its target levels of maturity for the CSP mandatory requirements. Not reaching the target rating of the CSP mandatory requirements risks information and systems being managed inconsistently or not in alignment with good governance principles. The Transport Cyber Defence Rolling Program has a KPI to achieve a target rating of three for all CSP requirements where business appropriate. TfNSW considers this target rating to be its target for all the CSP requirements. However TfNSW has not undertaken analysis to determine whether this target is appropriate to its business.

The CSP makes agencies accountable for the cyber risks of their ICT service providers. While both agencies usually included their cyber security expectations in contracts with third-party suppliers, neither agency was routinely conducting audits to ensure that these expectations were being met.

The CSP requires agencies to make staff aware of cyber security risks and deliver cyber security training. TfNSW is responsible for delivering cyber security training across the Transport cluster, including in Sydney Trains. TfNSW was not effectively delivering cyber security training across the cluster because training was not mandatory for all staff at the time of the audit and completion rates among those staff assigned the training was low. As such, only 7.2 per cent of staff across the Transport cluster had completed introductory cyber security training as at January 2021.

Agencies have assessed their cyber risks as being above acceptable levels

An agency's risk tolerance is the amount of risk which the agency will accept or tolerate without developing further strategies to modify the level of risk. Risks that are within an agency's risk tolerance may not require further mitigation and may be deemed acceptable, while risks which are above the agency's risk tolerance likely require further mitigation before they become acceptable to the agency.

Both agencies have defined their risk tolerance and have identified risks which are above this level, indicating that they are unacceptable to the agency. TfNSW has defined 'very high' risks as generally intolerable and 'high' risks as undesirable. Its risk tolerance is 'medium'. Sydney Trains has four classifications of risk: A, B, C and D. A and B risks are deemed 'unacceptable' and 'undesirable' respectively, while C risks are considered 'tolerable'. This aligns with the TfNSW definition of a medium risk tolerance.

Transport IT reported five enterprise-level cyber security risks through its enterprise risk reporting tool in September 2020, all of which relate to cyber security or have causes relating to cyber security. These risks are in aggregate form, rather than relating to specific vulnerabilities. At the time of the audit, one of these risks was rated as very high and the other four rated as high. At this time, Transport IT had identified a further seven divisional-level risks which were above the agency’s risk tolerance.

Similarly, Sydney Trains has identified one main cyber security risk in its IT enterprise-level risk register and another with a potential cyber cause. Both of these IT risks are deemed to have a residual risk of ‘unacceptable’.

Similarly, two cyber-related OT risks have been determined to be above the agency's risk tolerance. One risk is rated as 'unacceptable'. Another risk, while not entirely cyber rated, is rated 'undesirable' and is deemed to have some causes which may stem from a cyber-attack.

Agencies have assessed their current cyber risk mitigations as requiring improvement

In addition to the risk ratings stated above, at the time of the audit neither agency believed that its controls were operating effectively. Transport IT had rated the control environments for its cyber security enterprise risks as 'requires improvement'. Mitigations were listed in the risk register for these risks but, in some cases, they were unlikely to reduce the risk to the target state or by the target date. For example, one risk had actions listed as 'under review' and no further treatment actions listed, but a due date of July 2021, while another risk was being treated by the CDP with a due date of July 2021. The CDP identified in May 2020 that while the average risk identified as part of that program will be reduced to a medium level by this date, ten high risks will still remain. Given the delays in the program, this number may be higher. As such, it seems unlikely that the enterprise risk will be reduced to below a 'high' level by July 2021.

Sydney Trains’ IT and OT risk registers cross-reference controls and mitigations against the causes and consequences. The IT cyber security risk identified in the register had causes with no mitigations designed for them. Further, some of these causes did not have future mitigations designed for them. This risk also had controls in place which are identified as partially effective. For the unacceptable OT risk noted above, while there was a control designed for each of the potential causes, Sydney Trains had identified all of the controls in place as either partially effective or ineffective. This indicates that Sydney Trains was not effectively mitigating the causes of its cyber risks and, even where it had designed controls or mitigations, these were not always implemented to fully mitigate the cause of the risk.

Additional information on gaps in cyber mitigations which were exposed in the course of this audit has been detailed to both agencies. The Foreword of this report provides information about why this detail is not included here.

Essential 8 maturity is low across TfNSW and Sydney Trains and little progress was made in 2020

CSP mandatory requirement 3.2 states that agencies must implement the ACSC Essential 8. Agencies must also rate themselves against each of the Essential 8 on a maturity scale from zero to three and report this to Cyber Security NSW. A full list of the Essential 8 can be found in Exhibit 1. Both agencies have a low level of maturity against the Essential 8 not just in comparison to the targets they have set, but also in relation to the risks and vulnerabilities exposed. Both agencies have set target maturity ratings for the Essential 8 but none of the Essential 8 ratings across either agency are currently implemented to this level. Having a low level of Essential 8 maturity exposes both agencies to significant risks and vulnerabilities. Little progress was made between the 2019 and 2020 attestation periods.

Transport IT has set a target rating of three across all of the Essential 8. Sydney Trains has set a target rating of three for its IT systems. Sydney Trains had an interim target of two for its OT systems in 2020 and advised that this has since increased to three. It should be noted that not all the Essential 8 are applicable to OT systems.

None of the Essential 8 ratings across either agency are currently implemented to the target levels. Given that the Essential 8 provide the controls which are most commonly able to deter cyber-attacks, having maturity at a low level potentially exposes agencies to a cyber security attack.

Some work is underway across both TfNSW and Sydney Trains to improve the Essential 8 control ratings. The CDP provided some resources to the Essential 8 over 2019–20, with uplift focusing on specific systems. The CDP work in 2019 and 2020 relevant to the Essential 8 largely focussed on determining the current state of the Essential 8 and creating a target state roadmap. As a result, there was little improvement between the 2019 and 2020 attestation periods. The CDP has a workstream for the Essential 8 in its FY 2020–21 funding allocation, however as noted above in Exhibit 6 this was delayed as resources were redeployed to Project La Brea. Regardless, work on some specific aspects of the Essential 8 remain part of the 2020–21 CDP allocation, with workstreams allocated to improving three of the Essential 8. In addition, some work from Project La Brea should lead to an improvement in the Essential 8.

Sydney Trains' Cyber Uplift Program included a workstream which had in scope the uplift in the Essential 8 in IT. There were also other workstreams which aimed to improve some of the Essential 8 for OT systems. Work is also ongoing as part of the CDP to uplift these scores in Sydney Trains.

TfNSW and Sydney Trains have not reached their target maturity across the CSP mandatory requirements and TfNSW has not evaluated its cluster-wide target to ensure it is appropriate

Cyber Security NSW allows each agency to determine its target level of maturity for the first 20 CSP mandatory requirements. Agencies can tailor their target levels to their risk profile. Not reaching the target rating of the CSP mandatory requirements risks information and systems being managed inconsistently or not in alignment with good governance principles.

Sydney Trains has set its target level of maturity for IT and OT. All of Sydney Trains' target maturity levels are at least a three (defined), with a target of four (quantitatively managed) for many of the mandatory requirements. While Cyber Security NSW does not currently mandate a minimum level of maturity, in 2019 there was a requirement for each agency to target a minimum level of three.

Sydney Trains has not met its target ratings across the mandatory requirements.

The Transport Cyber Defence Rolling Program has a program KPI to ensure that the entire cluster reaches a minimum maturity level of three against all the CSP requirements by 2023. TfNSW has not reviewed its CSP mandatory requirement targets to determine if a three is desirable for all requirements or if a higher target level may be more appropriate. It is important for senior management to set cyber security objectives as a demonstration of leadership and a commitment to cyber security.

TfNSW has not met its target ratings across the mandatory requirements for its Group IT ISMS, which was the focus of this audit.

Both agencies claimed progress in their implementation of the mandatory requirements between 2019 and 2020. The audit did not seek to verify the self-assessed results from either agency.

Both agencies operate ISMS in line with the CSP

CSP mandatory requirement 3.1 requires agencies to implement an Information Security Management System (ISMS) or Cyber Security Framework (CSF), with scope at least covering systems identified as the agency's ‘crown jewels’. The ISMS or CSF should be compliant with, or modelled on, one or more recognised IT or OT standard. As noted in the introduction, an ISMS ‘consists of the policies, procedures, guidelines, and associated resources and activities, collectively managed by an organisation, in the pursuit of protecting its information assets.’ Both agencies operate an ISMS compliant with the CSP requirement.

As noted in the introduction, TfNSW operates four ISMS. The Transport IT ISMS is certified against ISO27001, the most common standard for ISMS certification. Three of TfNSW’s six crown jewels are managed within this ISMS. The other ISMS are not certified to relevant standards, though TfNSW claims that they align with relevant controls. This is sufficient for the purposes of the CSP.

Sydney Trains operates two ISMS, one for IT and another for OT. Neither of these are certified to relevant ISMS Standards, however there have been conformance reviews of both IT and OT with relevant standards. These ISMS cover all crown jewels in the agency.

There are currently 11 ISMS in operation across the Transport cluster. TfNSW has proposed moving towards a holistic approach to these ISMS, with the CDP Board responsible for governing the available security controls and directing agency IT and OT teams to implement these.

Agencies are not routinely conducting audits of third-party suppliers to ensure compliance with contractual obligations

CSP mandatory requirement 1.5 makes agencies accountable for the cyber risks of their ICT service providers and ensuring that providers comply with the CSP and any other relevant agency security policies. The ACSC has provided advice on what organisations should do when managing third party suppliers of ICT. The ACSC advises that organisations should use contracts to define cyber security expectations and seek assurance to ensure that these contract expectations are being met. While both agencies usually include specific cyber security expectations in contracts, neither is routinely seeking assurance that these expectations are being met.

The NSW Government has mandated the use of the 'Core& One' contract template for low-value IT procurements and the Procure IT contract template for high-value IT procurements. Both of these contracts contain space for the procuring agency to include cyber security controls for the contractor to implement. The Procure IT contract template also includes a right-to-audit clause which allows agencies to receive assurance around the implementation of these controls. TfNSW and Sydney Trains used the mandated contracts for relevant contracts examined as part of this audit.

TfNSW included security controls in all the contracts examined as part of this audit. Compliance with ISO27001 was the most commonly stated security expectation. Of the contracts examined as part of this audit, only one contract did not have a right-to-audit clause. This contract was signed in October 2016. While these clauses are in place, TfNSW rarely conducted these audits on its third-party providers. Of the eight TfNSW contracts examined in detail, only two of these had been audited to confirm compliance with the stated security controls.

Sydney Trains included security controls in all but one of the contracts examined as part of this audit. Sydney Trains did not require contractors to be compliant with ISO27001, but only required compliance with whole-of-government policies. Sydney Trains does not routinely conduct audits of its third-party suppliers, however it did conduct deep-dive risk analyses of its top ten highest risk IT suppliers. This involved a detailed review of both the suppliers' security posture and also the contract underpinning the relationship with the supplier.

The CDP funding for 2020–21 includes a workstream for strategic third-party contract remediation. This funding is to conduct some foundational work which will allow the CDP to make further improvements in future years. While this funding will not address gaps in contract requirements or management across all contracts, this workstream aims to reduce the risks posed by strategic suppliers covering critical assets. Similarly, work is currently underway as part of the CDP to conduct OT risk assessments for key suppliers to Sydney Trains in a similar way to the work undertaken for IT suppliers.

Sydney Trains has risk assessed its third-party suppliers but TfNSW has not done so

It is important to conduct a risk assessment of suppliers to identify high-risk contractors. This allows agencies to identify those contractors who may require additional controls stated in the contract, those who require additional oversight, and also where auditing resources are best targeted.

Sydney Trains has risk assessed all its IT suppliers and, as noted above, has conducted a deep-dive risk analysis of its top ten highest risk suppliers. TfNSW has not undertaken similar analysis of its key suppliers, however it has identified risks attached to each of its strategic suppliers and has documented these. As a result of not risk assessing its suppliers, TfNSW cannot take a targeted approach to its contract management.

TfNSW demonstrated poor records handling relating to the contracts examined as part of this audit

TfNSW was not able to locate one of the contracts requested as part of the audit's sample. Other documentation, such as contract management plans, could not be located for many of the other contracts requested as part of this audit. These poor document handling practices limits TfNSW's ability to effectively oversee service providers and ensure that they are implementing agreed controls. It also limits public transparency on the effectiveness of these controls.

The Transport cluster is not effectively implementing cyber security awareness training

Agencies are responsible for implementing regular cyber security education for all employees and contractors under mandatory requirement 2.1 in the CSP. TfNSW is responsible for delivering this training to the whole Transport cluster, including Sydney Trains. The Transport cluster has basic cyber awareness training available for all staff. TfNSW also offers additional training provided by Cyber Security NSW targeted at executives and executive assistants. While TfNSW has training available to staff, it is not delivering this effectively. TfNSW does not make training mandatory for most staff nor does it require staff to repeat training regularly. Even among those staff who have been assigned the training, completion rates are low, meaning that delivery is not effectively monitored. Cyber security training is important for building and supporting a cyber security culture.

TfNSW is responsible for creating and rolling out all forms of training to agencies within the Transport cluster. Both TfNSW and Sydney Trains have the same mandatory cyber awareness training that is automatically assigned to new starters. At the time of the audit, this training was not mandatory for ongoing staff. TfNSW does make additional cyber security training available to staff who can choose to undertake the training themselves, or can be assigned the training by their manager. All TfNSW cyber security training is delivered via online modules and it is the responsibility of managers to ensure that it is completed.

Cyber security training completion rates for both TfNSW and Sydney Trains are low. Only 13.5 per cent of staff across the Transport cluster had been assigned the Cyber Safety for New Starters training as of January 2021. Although this course is mandatory for new starters, only 53 per cent of staff assigned the Cyber Safety for New Starters training module had completed the course by January 2021. As a result, only 7.2 per cent of staff across the entire Transport cluster had completed this training at that time. In Sydney Trains, less than one per cent of staff had completed this training as at January 2021 and a further 7.6 per cent of staff have completed the 'Cyber Security: Beyond the Basics' training. These low completion rates indicate that TfNSW is not effectively rolling out cyber security training across the cluster.

In October 2020, the Department of Customer Service released 'DCS-2020-05 Cyber Security NSW Directive - Practice Requirement for NSW Government', which made annual cyber security training mandatory for all staff from 2021. In line with this requirement, TfNSW has advised that it will be gradually implementing mandatory annual training from July 2021 for all staff.

The Transport cluster undertakes activities to build a cyber-aware culture in accordance with the CSP, but awareness remains low

Increasing staff awareness of cyber security risks and maintaining a cyber secure culture are both mandatory requirements of the CSP. While TfNSW does undertake some activities to build a cyber aware culture, awareness of cyber security risks remains low. This can be demonstrated by the low training rates outlined above, and the 'Spot the Scammer' exercise, described in Exhibit 7. TfNSW is responsible for delivering these awareness raising activities across the cluster.

TfNSW frequently communicates with staff across the Transport cluster about various cyber security risks through multiple avenues. Both agencies use the intranet, emails and other awareness raising activities to highlight the importance for staff to be aware of the seriousness of cyber risks. Advice given on the intranet includes tips for spotting scammers on mobile phones, promoting the cluster-wide training courses, as well as various advice that staff could use when dealing with cyber risks in the workplace.

In addition to these awareness raising activities, TfNSW has also undertaken a cluster-wide phishing email exercise called 'Spot the Scammer'. This is outlined in Exhibit 7. This exercise was carried out in 2019 and 2020 and allowed the Transport cluster to measure the degree to which staff were able to identify phishing emails. As can be seen in Exhibit 7, the results of this exercise indicate that staff awareness of phishing emails remains low.

Exhibit 7 - Spot the Scammer exercise
In both 2019 and 2020, TfNSW performed a ‘Spot the Scammer’ exercise in which they sent out over 25,000 emails to staff based on a real phishing attack in order to measure awareness and response. The exercise tested staff 'click through rate', the percentage of staff who clicked on the fake phishing link. In 2019, these results were then compared to industry benchmarks, with over a 20 per cent click through rate being considered 'very high'. Both TfNSW and Sydney Trains were considered to have a ‘very high’ click through rate in comparison to these benchmarks in both 2019 and 2020. This indicates that staff awareness of phishing emails was low. The click through rate for TfNSW was 24 per cent in 2020, an increase from 22 per cent in 2019. For Sydney Trains, the click through rate in 2020 was 32 per cent, which was a decrease from 40 per cent in 2019.
Source: Audit Office analysis of TfNSW documents.

Appendix one – Response from agencies

Appendix two – Cyber Security Policy mandatory requirements

Appendix three – About the audit

Appendix four – Performance auditing

 

© Copyright reserved by the Audit Office of New South Wales. All rights reserved. No part of this publication may be reproduced without prior consent of the Audit Office of New South Wales. The Audit Office does not accept responsibility for loss or damage suffered by any person acting on or refraining from action as a result of any of this material.

Parliamentary reference - Report number #353 - released (13 July 2021).

Published

Actions for Central Agencies 2017

Central Agencies 2017

Finance
Premier and Cabinet
Asset valuation
Compliance
Financial reporting
Fraud
Information technology
Internal controls and governance
Project management

This report highlights the results of the financial audits of NSW Government central agencies. The report focuses on key observations and findings from the most recent financial statement audits of agencies in the Treasury, Premier and Cabinet, and Finance, Services and Innovation clusters.

The report includes a range of findings in respect to service delivery. One repeat finding is that while the Government regularly reports on the 12 Premier's priorities, there is no comprehensive reporting on the 18 State priorities. 

1. Financial reporting and controls

Audit Opinions Unqualified audit opinions were issued for all agencies' 30 June 2017 financial statements.
Early close Early close procedures continue to facilitate the timely preparation of financial statements and completion of audits, but agencies can make further improvement.
Deficient user administration access User access administration over financial systems remains an area of weakness. Agencies need to strengthen user access administration to critical systems.
Transitioning to outsourced service providers Transitioning of services to outsourced service providers can be improved. Outsourcing services can lead to better outcomes, which may include lower transaction costs and improved services, but it also introduces new risks.

2. Service delivery

Premier and State Priorities   A comprehensive report of performance against the 18 State Priorities is yet to be published. While some measures are publicly reported through agency annual reports or other sources, a comprehensive report of performance against the 18 State Priorities would ensure all State Priorities are publicly reported, provide a single and easily accessible source of reference and improve transparency.
ICT and digital government The Digital Government Strategy was released in May 2017. Targets will need to be set to assess and monitor progress against the Strategy.
Digital information security Not all agencies are complying with the NSW Government's information security policy. This increases the risk of noncompliance with legislation, information security breaches and difficulty restoring data or maintaining business continuity in the event of a disaster or disruption.
Property and asset utilisation Property NSW's performance reporting would be enhanced by developing and reporting on customer satisfaction, reporting against set targets and benchmarking cost of service to the private sector.

3. Government financial services

Prudential oversight
of NSW Government superannuation
funds  
Prudential oversight of SAS Trustee Corporation Pooled Fund and Parliamentary Contributory Superannuation Fund has not been prescribed. Structured and comprehensive prudential oversight of these funds remains important as they operate in a specialised, complex and continuously changing investment market sector, have over 106,000 members and manage investments in excess of $42.4 billion.
Green slip scheme affordability Currently, Green Slips in NSW are the most expensive in Australia. However, CTP reforms are expected to reduce the cost of Green Slips.

This report sets out the results of the 30 June 2017 financial statement audits of NSW Government's central agencies and their cluster agencies.

Central agencies play a key role in ensuring policy coordination, good administrative and people management practices and prudent fiscal management. The central agencies and their key responsibilities are set out below.

Confidence in public sector decision‑making and transparency is enhanced when financial reporting is accurate and timely. Appropriate financial controls help ensure the efficient and effective use of resources and administration of agency policies. This chapter outlines our audit observations, conclusions or recommendations related to financial reporting and controls of agencies for 2016–17.

Observation Conclusion or recommendation
2.1 Quality of financial reporting
Unqualified audit opinions were issued for all agency financial statements. The quality of financial reporting continues to remain strong across the clusters.
2.2 Timeliness of financial reporting
Most agencies complied with the statutory timeframes for completion of early close procedures and preparation and audit of financial statements. Early close procedures continue to facilitate the timely preparation of financial statements and completion of audits, but agencies can make further improvement.
2.3 Financial performance and sustainability
We assessed the performance of agencies listed in Appendix six against some key financial sustainability indicators. This highlighted two agencies with negative operating margins of more than ten per cent and one agency with a liquidity ratio of less than 0.5. These agencies have strategies in place to remain financially sustainability and manage their liquidity. Our analysis found that, overall, the agencies are not at high risk of sustainability concerns.
2.4 Internal Controls

User access administration over financial systems remains an area of weakness. Sixteen moderate risk and ten low risk issues related to user access administration across eight agencies were identified. 

Recommendation: Agencies should review user access administration to critical systems to ensure:

  • policies for user access creation, modification and deactivation are documented
  • approval is being obtained to establish, modify or delete user accounts
  • regular user access reviews are performed and highly privileged user account activity is logged and monitored
  • evidence of review is maintained.

Transitioning of services to outsourced service providers can be improved. Our 2016–17 audits identified one high risk issue relating to Property NSW's outsourcing of property and facility management services to the private sector.

While a high risk issue was identified in 2015–16 from the Department of Finance, Services and Innovation's outsourcing of transactional and information technology services to GovConnect there has been an improvement in GovConnect's internal control environment throughout
2016–17.

Outsourcing services can lead to better outcomes, which may include lower transaction costs and improved services, but it also introduces new risks. The transition needs to be carefully managed and requires thorough planning and effective project governance. This should be supported by oversight and direction from senior management and independent project assurance.
2.5 Human Resources    
The percentage of full‑time equivalent staff with annual leave greater than 30 days in the Finance, Services and Innovation, Premier and Cabinet and the Treasury clusters is 7.9 per cent, 17.1 per cent and 18.4 per cent respectively. Agencies have strategies in place to reduce annual leave balances that are greater than 30 days. The effectiveness of these strategies will need to be monitored to ensure they are helping to achieve the desired outcome.

This chapter outlines our audit observations, conclusions and recommendations relating to service delivery for 2016–17. 

Observation Conclusion or recommendation
3.1 Premier and State priorities

The Department of Premier and Cabinet monitors the achievement of targets and the implementation of initiatives to deliver the 12 Premier’s Priorities.

Responsible ministers and agencies manage the 18 State Priorities. A comprehensive report of performance against the 18 State Priorities is yet to be published.

While some measures are publicly reported through agency annual reports or other sources, a comprehensive report of performance against the 18 State Priorities would ensure all State Priorities are publicly reported, provide a single and easily accessible source of reference and improve transparency.
Where possible, independent sources are used to measure performance, however without independent assurance there is an increased risk that the target measures are inaccurate, not relevant or do not fairly represent actual performance.

Performance against the State Priority to make NSW the easiest state to start a business is not currently published.

A key aspect of making NSW the easiest state to start a business is making regulatory obligations easier to understand and implement.

Initiatives, such as easy to do business and red tape reduction are in place to help achieve this priority.

The regulatory policy framework is under review following an October 2016 performance audit on ‘Red tape reduction’ that found the regulatory burden of legislation had increased.
3.2 Financial management
Revenue NSW earned record crown revenue of $30.0 billion in 2016–17 to support the state's finances. Record crown revenue has been driven by the sustained increase in duties revenue, which has increased by 93.7 per cent over the last five years. This is a consequence of the continued strength in the property market over this time and large one off NSW Government business asset sales and leases.
3.3 ICT and digital government
The Digital Government Strategy (the Strategy) was released in May 2017 to build on reforms set out in previous ICT strategies. The Strategy’s priorities and enablers aim to support digital innovation. Targets and measures will need to be set to assess and monitor progress against the Strategy.
The Digital Information Security Policy (DISP) is a key tool that helps ensure a minimum set of information security controls are implemented across NSW Government agencies.

A review of 2016 annual reports found 15 agencies (13 in 2015) did not attest to compliance with the DISP and of the agencies that attested to compliance, 34 reported issues associated with their compliance.

The Strategy’s priorities and enablers aim to support digital innovation. Targets and measures will need to be set to assess and monitor progress against the Strategy.

Failure to comply with the DISP increases the risk of noncompliance with legislation, information security breaches and difficulty restoring data or maintaining business continuity in the event of a disaster or disruption.

3.4 Property and asset utilisation

Property NSW's performance reporting could be
improved. M2012-20 'Government Property NSW
and Government Property Principles' required
Property NSW to set key performance indicators
to measure property and asset utilisation
performance.
 

Property NSW's performance reporting would be enhanced by developing and reporting on customer satisfaction, reporting against set targets and benchmarking cost of service to the private sector.

This chapter outlines our audit observations, conclusions and recommendations specific to NSW Government agencies providing financial services.

Observation Conclusion or recommendation
4.1 Key issues

The SAS Trustee Corporation (STC) Pooled Fund and the Parliamentary Contributory Superannuation (PCS) Fund are not required to comply with the prudential and reporting standards issued by the Australian Prudential Regulation Authority (APRA). Amendments to relevant legislation allows the Minister for Finance, Services and Property to prescribe applicable prudential standards and audit requirements.

Structured and comprehensive prudential oversight of these funds remains important as they operate in a specialised, complex and continuously changing investment market sector, have over 106,000 members and manage investments of more than $42.4 billion.

Recommendation: The Treasury should liaise with
the respective Trustees to implement appropriate
prudential standards and oversight arrangements for
the exempt public sector superannuation funds.

Currently, Green Slips in NSW are the most expensive in Australia. Average premiums for Sydney Metropolitan vehicles increased by 10.4 per cent between 1 January 2016 and 31 December 2016.

CTP reforms are expected to reduce the cost of Green Slips. The State Insurance Regulatory Authority will need to ensure it has appropriate processes in place to track and report against the expected benefits.
4.2 Financial performance and sustainability
Net unfunded superannuation liabilities were $15.0 billion at 30 June 2017.

Under the Fiscal Responsibility Act 2012, the NSW Government’s target is to eliminate unfunded superannuation liabilities by 2030.
The superannuation funds’ strategic asset allocation and investment strategies are monitored and adjusted to help achieve a fully funded position by 2030.
The Home Warranty Scheme commenced in 2011. Over this time total premiums collected have not been sufficient to cover expected claim costs. Funding arrangements introduced during 2016–17 allow the Home Building Compensation Fund to apply to the Crown for reimbursement of unfunded realised losses from under-pricing of premiums.

Other reforms are planned to address the long term sustainability of the home building compensation scheme.
4.3 Investment performance
The NSW Government’s main superannuation funds have maintained the management expense ratio (MER) at consistent levels over the past two years. The Parliamentary Contributory Superannuation (PCS) Fund does not set an MER target. MER is an industry recognised ratio to measure the performance of funds and investment managers.

Recommendation: The Fund Secretary for the PCS Fund, in conjunction with the Trustee, should consider establishing an appropriate management expense ratio target to measure performance.

Published

Actions for State Finances 2017

State Finances 2017

Finance
Health
Industry
Justice
Local Government
Planning
Premier and Cabinet
Treasury
Universities
Whole of Government
Environment
Asset valuation
Financial reporting
Information technology
Internal controls and governance

Total State Sector Accounts received an unqualified audit opinion for the fifth consecutive year.

There was a $5.7 billion State budget surplus and continued investment in new infrastructure, in part funded by the long-term leases of Ausgrid and Endeavour Energy assets. This report also comments on key accounting matters, including the correction of some previously reported balances and the first time reporting of combined Cabinet members’ compensation in the Total State Sector Accounts.

Pursuant to the Public Finance and Audit Act 1983, I present my Report on State Finances 2017.

You will note that the format of this report has changed from previous years.

The intent of this change is to draw attention to the key matters that have been the focus of our audit and highlight significant factors that have contributed to the outcome.

First, it is pleasing to report once again that I issued a clear audit opinion on the State’s consolidated financial statements. This outcome demonstrates the Government’s continued focus on the quality of financial reporting across the NSW public sector.

High quality financial management and reporting are crucial to properly inform the public and build community confidence in our system of government.

The Treasury’s Financial Management Transformation program also aims to improve financial governance, budgeting and reporting arrangements across the sector. My Office is working collaboratively with The Treasury on reforms to reduce the burden of reporting, without weakening established safeguards.

The reforms should include measures to provide independent assurance of the budget process, of outcome reporting by agencies, and the power to “follow the dollar” given the increasing use of non-government organisations to deliver Government programs.

This Report also highlights another year of strong financial performance. The State’s budget result was a $5.7 billion surplus, and investment in new infrastructure has continued, in part funded by the long-term leases of Ausgrid and Endeavour Energy assets.

Finally, could I take this opportunity to thank the staff of The Treasury for the way they approached this audit. Our partnership is critical to ensuring NSW is an exemplar of quality financial management and reporting.

02_Margaret_signature.jpg

Margaret Crawford 
24 October 2017

A clear audit opinion on the State’s consolidated financial statements was issued.

Timely and accurate financial reporting is essential for informed decision making, effective management of public funds and enhancing public accountability.

This year’s clear audit opinion reflects the Government’s continued efforts to improve the quality of financial reporting across the NSW public sector.

Since the introduction of ‘early close procedures’ in 2011-12, the number of significant errors in financial statements of agencies has generally fallen largely due to identifying and resolving complex accounting issues early. Agencies’ 2016-17 financial statements submitted for audit contained nine errors exceeding $20 million. All errors were subsequently corrected in the individual agencies financial statements.

Agencies should continue to respond to key accounting issues as soon as they are identified. Where issues are identified, accounting position papers should be prepared for consideration by the Audit Office, their Audit and Risk Committee members, and when relevant, The Treasury.

The State addressed the following key accounting matters during 2016-17. 

The State recognised rail tunnels and earthworks valued at $8.5 billion.

Some rail tunnels and earthworks have never been valued by the State. These include the City Circle, the country rail network and other tunnels and earthworks built before the year 2000. Some of these tunnels and earthworks date back to the early 1900s.

For many years, the State did not account for these assets as they believed that their value could not be reliably measured. This year an independent valuer was engaged to perform a comprehensive valuation. The methodology used demonstrated
that the assets could have been reflected in the financial statements earlier.

The State recorded an additional $8.5 billion to correct the value of infrastructure assets at 1 July 2016.

Cabinet member’s compensation and related party transactions were reviewed.

Due to changes in Accounting Standards, the State had to consider 'related party information' in the financial statements. Previously this only applied to for-profit entities.

This year, requirements to report related party information extended to members of Cabinet, considered to be “key management personnel” of the State, as defined by Accounting Standards.

The Treasury implemented a process to assess and report Cabinet member’s compensation, and transactions between Cabinet members and/or their close family members, and government agencies.

Collectively, Cabinet members’ remuneration was $8.8 million, which was mainly salaries and allowances, and $3.5 million of non-monetary benefits such as security and drivers. The Treasury determined there were no other specific “related party” transactions or balances that required disclosure in the State’s financial statements.

Information system limitations continue at TAFE NSW.

TAFE NSW has experienced ongoing issues with its student administration system.

TAFE NSW has again implemented additional processes to verify the accuracy and completeness of revenue from sales of goods and services.

TAFE NSW expects to spend up to $89 million on a new information system to address these issues. Modules of the new student enrolment system are expected to be in place for the 2018 enrolment period.

Restatements relating to the General Government Sector's investment in the commercial sector.

The State corrected two previously reported balances relating to the General Government Sector’s investment in the commercial sector.

Accounting Standards require the General Government Sector to effectively store gains or losses related to its investment in the commercial sector in reserves until the investment is derecognised.

When these investments are disposed of, the cumulative gains and losses must be cleared and recognised in the operating result. However, the Government had previously cleared the cumulative gains and losses directly to Accumulated Funds within equity.

To comply with Accounting Standards, a total of $6 billion previously reported as a movement in equity  at 30 June 2016, has now been corrected to the operating result.

In addition, Accounting Standards only allow gains or losses on its investments to be stored in reserves. In past years, the State recognised all changes in the value of its investment in Available for Sale Reserves, including the capital contributed to establish the State’s investment. In 2016-17, a total of $23.4 billion of contributed capital was corrected to accumulated funds at 1 July 2015.

The State’s budget result was a $5.7 billion surplus, $2.0 billion higher than the budget estimate.

The Total State Sector comprises 310 entities controlled by the NSW Government.

Of the total, the General Government Sector comprises 215 entities that provide goods and services not directly paid for by consumers.

The non-General Government Sector comprises 95 Government businesses that provide goods and services such as water and electricity, or financial services.

A principal measure of a Government’s overall performance is its Net Operating Balance, or Budget Result. The Net Operating Balance reports the difference between the cost of General Government service delivery and the revenue earned to fund these sectors.

The State has recorded budget surpluses and exceeded the original budget result in nine of the last ten years.

The State maintained its AAA credit rating.

The object of the Act is to maintain the AAA credit rating.

NSW’s finances are managed in alignment with the Fiscal Responsibility Act 2012 (the Act).

The Act established the framework for fiscal responsibility and strategy needed to protect the State’s AAA credit rating and service delivery to the people of NSW.

The purpose of maintaining the AAA credit rating is to reduce the cost of, and ensure the broadest access to, borrowings.

A triple-A credit rating also helps maintain business and consumer confidence so economic activity and employment are sustained. The legislation sets out targets and principles for financial management to achieve this.

New South Wales has credit ratings of AAA/Negative from Standard & Poor’s and Aaa/Stable from Moody’s Investors Service.

The fiscal targets for achieving this objective are:

General Government expenditure growth is lower than long term revenue growth.

General Government expenditure growth was 4.2 per cent in 2016-17, below the long-term revenue growth of 5.6 per cent.

Eliminating unfunded superannuation liabilities by 2030.

The Act sets a target of eliminating unfunded defined benefit superannuation liabilities by 2030. The State’s net superannuation liability was $58.6 billion at 30 June 2017 ($71.2 billion at 30 June 2016).

The Government predicts the 2030 target will be achieved. The State’s funding plan is to contribute amounts escalated by five per cent each year so the schemes will be fully funded by 2030. In 2016-17, the State made employer contributions of $1.5 billion, which is largely consistent with contributions over the past five years.

The liability values in the graph below do not reflect the values recorded in the Total State Sector Accounts. For financial reporting purposes, Accounting Standards (AASB 119 Employee Benefits) require the State to discount its superannuation liability using the government bond rate (refer to page 10 of this report). 

The relevant government bond rate in the current economic climate is 2.62 per cent.

The State’s target for the unfunded superannuation liability is measured using AASB 1056 Superannuation Entities. This is because it adopts a measurement basis that reflects expected earnings on fund assets, which are currently between 5.9 and 7.4 per cent. Using these rates, the liability is $15.0 billion at 30 June 2017 ($16.1 billion at 30 June 2016). The unfunded liability is $2.4 billion less than when the Act was introduced.

The State’s assets grew by $31.6 billion during 2016-17 to $409 billion.

Valuing the State’s physical assets.

When we audit the financial statements, we focus on areas we consider as higher risk. These areas are often complex, and require the use of estimates and judgements.

The State has $307.2 billion of physical assets measured at fair value in accordance with Australian Accounting Standards. Fair value calculations are inherently complex and sensitive to assumptions and estimates, increasing the risk these assets are incorrectly valued.

In our audits, we assess the reasonableness and appropriateness of assumptions used in valuing physical assets. This includes obtaining an understanding of the valuation methodologies applied and judgements made. We also review the completeness of asset registers, and the mathematical accuracy of valuation models.

Net movements between years includes additions, disposals, depreciation and valuations. This year, valuations of physical assets added $16.2 billion to the State’s assets, comprising: 

  • Transport for NSW and Railcorp $8.5 billion

  • New South Wales Land and Housing Corporation $4.8 billion

  • Roads and Maritime Services $930 million

  • Crown Entity $400 million.    

The State’s financial assets increased $27.5 billion in 2016-17

The State’s financial assets have increased by 88 per cent over the past four years. In 2016-17, financial assets increased primarily due to proceeds from the sale of government assets and businesses.

The Government implemented reforms to better use the State’s financial assets. A key element was the creation of an Asset and Liability Committee (ALCO) to provide advice on ways to improve balance sheet management.

Since the creation of the ALCO, reforms include:

  • Establishment of the New South Wales Infrastructure Future Fund (NIFF). The net proceeds from the State’s asset recycling program are invested into the NIFF, which is managed by TCorp, with a balance of $14.6 billion by 30 June 2017. Funds raised are invested through the NIFF until the Government requires them for critical infrastructure projects that are part of the Restart NSW and Rebuilding NSW program of works. ALCO and TCorp provide advice on the NIFF’s performance and management

  • Establishment of the Social and Affordable Housing Fund ($1.1 billion at 30 June 2017). ALCO oversees the Fund to ensure an appropriate investment approach that will maintain funding certainty for new social and affordable housing stock

  • Cash and liquidity management reforms to centralise cash previously held by agencies in the Treasury Banking System. This reform is designed to ensure agencies have adequate levels of liquidity but with surplus funds invested centrally for better returns.

The State’s liabilities decreased by $13.1 billion during 2016-17 to $182 billion.

Valuing the State’s liabilities relies on an actuarial assessment.

Nearly half of the State’s liabilities relate to its employees. This includes unfunded superannuation, and employee benefits, such as long service and recreation leave.

Valuation of these obligations is subject to complex estimation techniques and significant judgements. Small changes in assumptions can materially impact the financial statements.

We address the risk associated with auditing these balances:

  • using actuarial specialists

  • testing controls around underlying employee data used in data models, and testing the accuracy of the calculations

  • evaluating assumptions applied in calculating employee entitlements such as the discount rate and the probability of long service leave vesting conditions being met.

The State’s superannuation obligations reduced by $12.6 billion in 2016-17.

The State’s $58.6 billion superannuation liability represents obligations for past and present employees, less the value of assets set aside to meet those obligations. The superannuation liability decreased from $71.2 billion to $58.6 billion, largely due to an increase in the discount rate from 1.99 per cent to 2.62 per cent. This alone reduced the liability by $9.2 billion

The State’s borrowings totalled $70.6 billion at 30 June 2017.

The State’s borrowings totalled $70.6 billion at 30 June 2017, $9.5 billion less than the previous year. This was largely due to the repayment of borrowings when the assets of Ausgrid and Endeavour Energy were leased to the private sector.

TCorp issues bonds to raise funds for NSW Government agencies. The bonds are actively traded in financial markets providing price transparency and liquidity to public sector borrowers and institutional investors. All TCorp bonds are guaranteed by the NSW Government.

The Government manages its debt liabilities through its balance sheet management strategy. The strategy extends to TCorp, which applies an active risk management strategy to the Government’s debt portfolio.

General Government Sector debt is being restructured by replacing shorter-term debt with longer-term debt. This lengthens the portfolio to better match liabilities with the funding requirements of infrastructure assets and reduces refinancing risks. It also allows the Government to take advantage of the low interest rate environment.

The State recorded revenue of $83.5 billion in  2016-17, an increase of $5.3 billion from 2015-16.

The State’s results are underpinned by revenue growth in taxation, fees and fines.

Taxation, fees, fines and other revenue comprises $30.5 billion of taxation ($28.7 billion in 2015-16) and $5.3 billion of fees, fines and other revenue ($4.6 billion).

Tax revenue for the Total State Sector increased by $1.8 billion, or 6.4 per cent compared to 2015-16, primarily due to:

  • one-off business asset sales and lease transactions, including $718 million in transfer duty from the Ausgrid and Endeavour Energy lease transactions

  • $385 million increase in payroll tax from growth in NSW employment and average employee compensation

  • a $426 million increase in land taxes.

Growth in stamp duty is expected to slow over the next 4 years.

General Government Sector stamp duties have increased from $6.2 billion in 2012-13 to $11.5 billion in 2016-17, an annual average growth rate of 16.5 per cent. The Government’s budget forecasts the growth in stamp duties to decline, to an average annual growth rate of 2.6 per cent between 2016-17 and 2020-21.

The State received Commonwealth grants and subsidies of $30.8 billion in 2016-17.

The State received $30.8 billion from the Commonwealth Government in 2016-17, $1.6 billion more than in 2015-16. This was primarily due to transaction based asset recycling grants of $1.0 billion and a $720 million increase in national land transport grants. This increase was offset by a $435 million decrease in General Purpose Grants, which mainly comprises New South Wales’ share of the Goods and Services Tax (GST). 

The State spent $79.4 billion in 2016-17 to deliver services to the community, an increase of $3.9 billion from 2015-16.

Overall expenses increased 5.2 per cent from last year. Most of the increase was due to higher employee costs and operating costs.

Total salaries and wages increased by 4.2 per cent from 2015-16.

Total salaries and wages increased to $30 billion from $28.8 billion in 2015-16. The Government wages policy aims to limit the growth in remuneration and other employee costs to no more than 2.5 per cent per annum.

Operating expenses increased by 12.4 per cent from 2015-16.

Within operating expenses, payments for supplies, services and other expenses increased, in part, due to the State:

  • reacquiring mining licenses worth $482 million and additional land remediation costs of $101 million

  • spending more on health including additional drug supplies relating to Hepatitis C.

State spend on transport and communications increased by 68.1 per cent since 2012-13.

While spending on health and education remain the largest functional areas provided by Government, expenditure on transport and communication increased, on average, by 13.9 per cent annually between 2012-13 and 2016-17. This increase reflects the Government’s investment in transport infrastructure such as the Sydney Metro and Westconnex. Over the same period, spending on health increased by $3.9 billion.

Expenditure on fuel and energy has decreased by an average of 44.7 per cent since 2012-13, reflecting the State’s leases of electricity network assets.

In 2011, the Government established Restart NSW to fund high priority infrastructure projects.

Restart NSW projects are primarily funded from the proceeds from the asset recycling program enabling Government to deliver new infrastructure investment.

Restart NSW provides funding for the delivery of Rebuilding NSW, which is the Government’s 10-year plan to invest $20 billion in new infrastructure.

The State finalised long-term leases of Ausgrid and Endeavour Energy assets.

In June 2017, the Government finalised its long-term lease of 50.4 per cent of Endeavour Energy. This transaction follows on from the long-term leases of TransGrid in December 2015 and 50.4 per cent of Ausgrid in December 2016. Net proceeds of $15.0 billion were paid into Restart NSW relating to these transactions.

The Government also finalised an arrangement for the private sector to provide land titling and registry services to the public for 35 years. The State, through Restart NSW, received an upfront payment of $2.6 billion from the new operator.

Restart NSW is funding $29.8 billion of new infrastructure.

The Government has detailed its plan to invest $20 billion into the Rebuilding NSW plan from Restart NSW.

At 30 June 2017, around $2.9 billion has already been spent on Rebuilding NSW projects from Restart NSW, with a further $9 billion included in the budget aggregates. The Government has also earmarked a further $8.1 billion in Restart NSW for future projects.

The most significant project is the Sydney Metro. The Government has committed $7.0 billion from Restart NSW to build a 30-kilometre metro line, linking Sydney Metro Northwest at Chatswood, through new stations in the lower North Shore, the Sydney CBD and southwest to Bankstown. At 30 June 2017, $2.4 billion has been spent on this project from Restart NSW.

Other significant projects funded by Restart NSW include a $1.8 billion contribution to WestConnex and reserved funding of $1 billion towards the State’s Major Stadia Network program.

The Treasury initiated the Financial Management Transformation (FMT) program with the aim of changing and improving financial governance, budgeting and reporting arrangements of the New South Wales public sector.

FMT aims to deliver better outcomes for the people of New South Wales and focuses on transparency and accountability for expenditure, and better value for money.

New Financial Management System

PRIME is the Information Technology (IT) solution component of the FMT program, replacing several historical systems. PRIME will provide both financial and performance information within one IT platform for all agencies in the NSW public sector.

It is expected to give Government more timely information to plan and deliver its policy priorities and the budget.

Independent assurance over the budget process would improve confidence in the reliability of the State’s financial information.

Published

Actions for 2016 - An overview

2016 - An overview

Education
Community Services
Finance
Health
Industry
Justice
Local Government
Planning
Premier and Cabinet
Transport
Treasury
Universities
Whole of Government
Environment
Asset valuation
Compliance
Cyber security
Financial reporting
Fraud
Information technology
Infrastructure
Internal controls and governance
Management and administration
Procurement
Project management
Regulation
Risk
Service delivery
Shared services and collaboration
Workforce and capability

This report focuses on key observations and findings from 2016 audits and highlights key areas of focus for financial and performance audits in 2017.

The quality and timeliness of financial reporting continued to improve across the NSW public sector in 2016. Only one qualified audit opinion was issued and most agencies signed their financial statements on time.

We found the Government’s cluster governance arrangements were unclear and inconsistently implemented across the sector in 2016. Clearer arrangements would improve cooperation and coordination amongst cluster agencies and help deliver government priorities that cut across agencies.

This report focuses on key observations and common issues identified from our financial, performance and compliance audits in 2016, and identifies examples of good practice. It also looks forward to where we will focus our efforts in 2017.

We have summarised our observations and findings for 2016 in four chapters:

  • Financial Performance and Reporting
  • Financial Controls
  • Governance
  • Service Delivery.

Key observations and common issues identified across several agencies will often apply more broadly across the NSW public sector. For this reason, we hope this report is a useful tool for agency management and Audit and Risk Committees to assess our observations and common issues and consider the impact on their agencies. The report provides links to other reports and refers to other useful reference material.

Our financial audits provide independent opinions on NSW agencies’ financial statements. They consider whether agencies have complied with accounting standards, relevant laws, regulations and government directions. They also identify and report internal control weaknesses and matters of governance interest, and make recommendations to address deficiencies.

Our performance and compliance audits build on the financial audits by reviewing and concluding on whether taxpayers’ money is being spent efficiently, effectively, economically and in accordance with the law.

Financial Reporting
Financial Reporting The quality and timeliness of financial reporting
continued to improve across the NSW public sector.
NSW Treasury’s early close procedures helped
facilitate this.
Financial Controls
Internal Controls More needs to be done to implement audit
recommendations on a timely basis.
Information Technology Agencies continue to face challenges in managing information security.
Internal controls at shared service providers Clients of ServiceFirst and GovConnect were unable to rely on the service providers’ internal controls increasing the risks of fraud, error and inappropriate access to data.
Governance
Cluster governance Cluster governance arrangements that support cluster accountability, performance monitoring, risk and compliance management are unclear.
Management oversight We identified deficiencies in the oversight and management of Crown Land, specifically sale and lease transactions.
Project governance Project cost and time overruns continue to occur.
Service Delivery
Premiers and State Priorities

According to agency data, which we have not audited, some Premier's and State Priorities are at risk of not being achieved.

A comprehensive report of performance against the State Priorities is not published.

Delivering Government Services The NSW Government's program evaluation initiative has been largely ineffective. We found government decision makers are not always receiving enough information to make evidence based decisions.
Reporting on Performance We found agencies’ performance was not routinely measured, evaluated or publicly reported.

Financial performance and reporting

The quality and timeliness of financial reporting continues to improve

Only one qualified opinion was issued on the 2015–16 financial statements of NSW public sector agencies, compared to two in 2014–15. The audit opinion for the Office of the NSW State Emergency Service was qualified because effective controls over fundraising activities did not operate for the entire year.

Since NSW Treasury introduced its ‘early close procedures’ initiative in 2011–12, the number of reported misstatements and significant matters have fallen considerably across the NSW public sector. The number of misstatements has fallen from 1,077 in 2011–12 to 298 in  2015–16.

Most agencies submitted and signed their financial statements on time, which enabled more audits to be completed within three months of year end. In 2015–16, 204 of 286 agencies’ financial statements and audit opinions were signed within three months of the year end, compared to only 67 in 2010–11.  

NSW Treasury has narrowed the scope of mandatory early close procedures 

NSW Treasury’s early close procedures in 2015–16 were again successful in improving the quality and timeliness of financial reporting, largely facilitated by the early resolution of accounting issues. For 2016–17, NSW Treasury has narrowed the scope of mandatory early close procedures, which may diminish the good performance achieved in recent years.   

To mitigate this risk, NSW Treasury has mandated that agencies perform non-financial asset valuations and prepare proforma financial statements in their early close procedures. It also encourages them to continue with the good practices embedded in recent years. These include:

  • resolving all past audit issues
  • performing key account reconciliations
  • agreeing and confirming inter and intra (cluster) agency balances and transactions
  • identifying material, complex and one-off transactions
  • preparing quality workpapers to support balances with variance analysis and meaningful explanations for movements
  • adequate review by management and Audit and Risk Committees.

Financial controls

More needs to be done to implement audit recommendations

More needs to be done to implement audit recommendations on a timely basis. Internal control issues were identified in previous audits, but had not been adequately addressed. Delays in implementing audit recommendations can impact the quality of financial information and the effectiveness of decision making. Agencies need to ensure they have action plans, timeframes and assigned responsibilities to address recommendations in a timely manner.

Agencies continue to face challenges managing information security

Our financial audits identified opportunities to improve IT control environments, with most information technology issues relating to information security. We also found service level arrangements with IT service providers did not always adequately address information security risks.

Agencies should ensure information security controls and contractual arrangements with IT service providers adequately protect their data.

Internal controls at GovConnect were ineffective in 2015–16

GovConnect provides information technology and transactional services to agencies within the NSW Public Sector. Service levels fell during the transition of shared services from ServiceFirst to GovConnect and NSW public sector agencies using these services were unable to rely on controls over financial transactions and information. We found mitigating actions taken to manage transition risks from ServiceFirst to GovConnect did not ensure effective control over client transactions and data. This increased the risk of fraud and error, and inappropriate access to information.

Governance

Cluster governance arrangements are unclear

Currently, cluster governance arrangements are unclear and inconsistently implemented across the NSW public sector. Implementing cluster governance frameworks is complex because clusters bring together entities with different enabling legislation, organisational and legal structures, information systems and processes, risk profiles and governance frameworks.  

Clear cluster governance arrangements would improve cooperation and coordination amongst cluster agencies, help deliver government priorities that cut across agencies and improve service delivery outcomes.  

We recommended the Department of Premier and Cabinet release a revised NSW Public Sector Governance Framework that clearly articulates cluster governance arrangements, the role of the cluster Secretary, Chief Finance Officer, Chief Information Officer and Chief Risk Officer. The Department of Premier and Cabinet has indicated the framework will be updated to provide guidance on cluster governance, and how accountability and performance information are monitored and reported.  

The sale and lease of Crown land is not being managed effectively

Our 2016 performance audit found limited oversight of sales and leases of Crown land by the Department of Industry - Lands. The Department has only just started monitoring whether tenants are complying with lease conditions, and does not have a clear view of what is happening on most leased Crown land.  

Most guidance to staff had not been updated for a decade, contributing to staff sometimes incorrectly implementing policies on rental rebates, unpaid rent, rent redeterminations and the direct negotiation of sales and leases on Crown land. Between 2012 and 2015, 97 per cent of leases and 50 per cent of sales were negotiated directly between the Department and individuals, without a public expression of interest process.  

Project cost and time overruns continue to occur

Our audits continue to highlight project management, cost and time issues. The Government’s 2016–17 Infrastructure Statement forecasts a $73.3 billion investment program to 2019–20. Good governance of individual projects is critical to ensure the investment program delivers the intended outcomes to the desired quality, on time and on budget.   

A strong risk culture is fundamental to successful risk management

Our assessment of a sample of 33 agencies found that while agencies have risk management governance structures in place, they need to focus on developing stronger risk cultures and fit-for-purpose systems to capture risks and incidents.

Agencies are not fully complying with the GIPA Act

Our review of 13 agencies from across each cluster found varying degrees of non-compliance with recording and disclosure aspects of the GIPA Act by each agency. Our 2016 Special Report 'Compliance with the GIPA Act' details our findings and makes recommendations to help agencies comply with the requirements of the Act.

Service delivery

Some Premier's and State Priorities at risk of not being achieved

Agency data, which we have not audited, indicates some Premier's and State Priorities are at risk of not being achieved. We found that although performance reporting against the Premier’s Priorities is publicly reported, comprehensive performance reporting against the 18 State Priorities is not.  

We will continue to report on performance against the targets to assess whether agency initiatives are delivering intended outcomes.

Government does not always get enough information for evidence-based decisions 

The NSW Government’s program evaluation initiative has been largely ineffective. A performance audit looked at the Justice, Industry, Skills and Regional Development, Planning and Environment, Premier and Cabinet and Treasury clusters and made recommendations for improvements to program evaluation.

Performance is not always measured, evaluated or publicly reported

Inadequate performance measures and reporting that is primarily internal reduces the transparency of agency performance and makes it hard for the public to assess if the agencies are doing a good job. Our audits found instances where performance outcomes were not being measured, evaluated or publicly reported.  

Agencies need to consider whether their performance measurement frameworks adequately measure performance and outcomes so they can make evidence-based decisions and be publicly accountable.

Commissioning and contestability continues to increase

New ways of delivering services across NSW Government are being developed and implemented, including commissioning and contestability arrangements. Commissioning services and introducing new systems can be challenging and it is important for this to be managed well. The learnings from decommissioning ServiceFirst and commissioning GovConnect should be applied to future commissioning arrangements.

NSW Treasury has developed a 'Government Commissioning and Contestability Policy', which is supported by the 'NSW Government Commissioning and Contestability Practice Guide'.

In 2017, we will build on our 2016 financial audits and continue to report our observations and findings as they relate to financial performance and reporting, financial controls, governance and service delivery. We also plan to review agencies' compliance with government travel policies at key agencies in each cluster.

In 2017, we will restructure our financial audit volumes to report our observations and findings on agencies’ financial controls and governance in one cross-sector report to Parliament in September. This will provide the Parliament with more timely reporting on these aspects of our audits. Our observations and findings on agencies’ financial performance and reporting, and service delivery will continue to be reported on a cluster by cluster basis through November and early December.

Our 2017 performance audits will have regard to what we see as key risks and opportunities for the NSW Government, and the Premier's and State Priorities. The program will aim to cover each NSW Government cluster, and focus on how efficiently, effectively and economically they deliver services and other outcomes.

Legislative reforms in the Local Government Amendment (Governance and Planning) Act 2016 have extended the Auditor-General's mandate to the Local Government sector. The expanded mandate includes auditing all NSW local council financial statements and conducting performance audits across the local government sector. The reforms generally bring NSW in line with most other Australian States.

We will report financial audit outcomes and our observations after the 30 June 2017 council audits are completed. Most are expected to complete by the end of October 2017. Our 2017 performance audits will examine and report on whether councils are operating efficiently, effectively, economically and in accordance with the law. In 2017–18, our performance audits will consider how councils are reporting on service delivery, managing shared services and the risk of fraud.

2017 – Issues, risks and opportunities impacting the NSW Government

Our 2017 audits will consider some of the following issues, risks and opportunities impacting the NSW Government.

In mid-2017, we will publish our rolling three-year performance audit program. This will include the performance audits we expect to perform in 2017–18 and the next two financial years. The program can be located at http://www.audit.nsw.gov.au/audit-program

Area of focus  Considerations Audit Office response
Ensuring services meet citizen needs The primary role of state and local government is to provide services to citizens. Today's society is less satisfied with one-size-fits-all services and its citizens want to have a say on the services they need and how they are delivered. This challenges governments to improve engagement with citizens, design services with them and support them in selecting the services that best meet their needs. At the same time, governments have to provide the services within constrained financial environments, and cater for ageing populations and strong population growth, particularly in metropolitan areas.

We will:

  • focus our work on services that are important to citizens
  • keep abreast of best practice and strategies used elsewhere to create more citizen centric services
  • develop our understanding of the key trends putting pressure on government service delivery
  • seek opportunities to engage with citizens in undertaking our work.
Leveraging digital opportunities We live in a digital world, and government is no exception. Digital technologies and the mass of data now available to governments presents opportunities to deliver better services more efficiently and economically. Services can be delivered through digital channels, and data analytics can inform demand, the supply of services and identify potential efficiencies. These opportunities come with risks, including cyber-attacks and privacy breaches.

We will:

  • examine how well state agencies and councils are taking advantage of digital opportunities and managing risks
  • use data analytics to enhance the quality of our audit work
  • use technology to improve how we communicate our key messages.
Having good checks and balances Citizens put faith in government agencies to make decisions in their best interests. It is imperative for government agencies to be clear about what they are trying to achieve and inform citizens on how they are meeting these objectives. While ethics, transparency, and effective governance and stewardship are critical, it is important for the checks and balances not to be so directive or cumbersome they hamper innovation, efficiency and agility.

We will consider the usual issues in our financial audits of agencies and councils. New areas and areas of focus will include:

  • asset management processes,including quality and timeliness of asset valuations and the management of surplus land and property assets
  • oversight and administration of significant grant programs
  • standby assets, the cost to maintain them and their readiness for use
  • benefits realisation for major projects and programs
  • the financial and administrative impact of machinery of government changes
  • engaging with state agencies and councils through workshops and seminars to promote good practices
  • examining governance and internal controls
  • publishing better practice guidance and promoting our Governance Lighthouse.
Getting value from commissioning

Governments, including the NSW Government, are increasingly outsourcing to or partnering with private and non-government organisations to deliver government services. Because outsourced service providers are not directly accountable to the NSW Parliament for their use of public resources, independent assurance that they are using tax payers’ funds efficiently and effectively would improve accountability. In other jurisdictions Auditors-General have been given powers to ‘go beyond’ the boundaries of agencies commissioning services and into the entities providing the services (‘follow the dollar’ powers). This is not the case in New South Wales.

Commissioning brings with it new challenges needing different skills, such as developing and nurturing markets, and transitioning services into and out of government. The NSW Government's recently released Commissioning and Contestability Policy supports agencies entering into commissioning arrangements.

We will:

  • audit agency and council commissioning arrangements and assess whether they are delivering the intended outcomes
  • assess the capability of agencies entering into commissioning arrangements to manage them effectively.
  • report the impact of not being able to provide assurance on the use of taxpayers’ dollars by non-government organisations
  • identify and communicate lessons identified in our audits
  • apply commissioning to our own activities.
Breaking down the silos Government agencies working in silos can diminish service quality through inefficient duplication and overlap. Silos also increase the risk of people falling through the cracks. To achieve best value, silos can be broken down through a clear focus on outcomes and better collaboration, coordination, partnerships, shared services and joined-up government. This has been recognised for many years, but now with both the commitment and tools, inroads can be made to improve citizens' experiences. Governance arrangements, incentives and culture are critical to success.

We will:

  • focus our efforts on areas where there are opportunities to break down silos
  • identify barriers and enablers to joined-up-government, partnerships and collaboration
  • promote good practice and publicise the benefits, both potential and realised
  • work collaboratively and constructively with those we audit
  • partner with and learn from private sector organisations we engage to provide audit services on our behalf.
Looking after future generations and the vulnerable Governments need to plan for the long-term and consider future generations. They have an important stewardship role. Their decisions need to ensure inter-generational equity and prevent environmental degradation.
A core role of government is to look after the vulnerable. Governments intervene in various ways to provide a social safety net. When they do so, it is critical that these interventions are equitable and deliver desired outcomes at a reasonable cost. Increasingly, it is about giving vulnerable people a bigger say in the services they receive.

We will:

  • review the efficacy of projections upon which services are planned
  • adopt a future focus in our work to identify emerging risks and encourage action before they materialise
  • examine the effectiveness and efficiency of interventions designed to address disadvantage and improve equity
  • identify emerging trends and good practice in designing and delivering services to the vulnerable.
A capable and diverse public sector The public sector's lifeblood is its workforce. The effectiveness and efficiency of organisations comes directly from the good ideas, effort, commitment and ethics of the people they employ. Workforce management and succession planning, constructive and respected leaders, and diverse backgrounds and thoughts can enhance agency and council performance and customers' experiences. These attributes require good frameworks to develop key capabilities, manage staff performance and clarify responsibilities and accountabilities.

We will:

  • monitor progress in delivering the NSW Government’s priority to have a diverse workforce
  • examine strategies and programs designed to enhance key capabilities in councils and agencies
  • identify areas where capability and diversity are lagging or are at risk,and offer practical improvement opportunities
  • promote diversity in our own organisation through our diversity and inclusion plan, which includes strategies to increase female representation at all levels and participation in an Aboriginal internship program.
Investing in infrastructure to meet the needs of a growing population

The Government’s 2016–17 Infrastructure Statement forecasts a $73.3 billion investment program to 2019–20. Infrastructure investments of this magnitude carry significant risks. In light of weaknesses we identified in the past with the management of significant infrastructure projects, the Government needs to ensure it has the capability to manage project risks effectively.

Governments also need to make sure infrastructure built today will meet future needs without creating an ongoing burden for future generations.

We will:

  • review infrastructure planning and approval processes
  • examine alternative financing and partnership models, including philanthropic and private sector involvement through vehicles such as social benefit bonds
  • assess risk frameworks and project governance arrangements
  • monitor maintenance spending and asset management practices
  • identify and promote good practice and innovation.
Improving performance through transparency and accountability

NSW Treasury is implementing its Financial Management Transformation (FMT) program to replace ‘service group’ budgeting and reporting with program based budgeting and reporting. A project of this scale and complexity has many risks, which need to be carefully managed if the desired benefits are to be realised.

The NSW Government's move to program budgeting and performance measurement will require appropriate key performance measures and indicators to track whether the programs are delivering the intended outcomes.

Independent assurance over the appropriateness and accuracy of agency key performance measures and indicators would improve confidence in the reliability of the NSW Government performance data.

We will:

  • review and assess the implementation and report on the impact of NSW Treasury's Financial Management Transformation program
  • encourage transparency in reporting,and be transparent in our own practices, performance and reporting.
Preparing for changes to Australian Accounting Standards

For the first time, not-for-profit entities in the NSW public sector need to make disclosures about related parties in their 2017 financial statements. Identifying who the related parties are, and collecting and collating relevant information will be challenging.

Other imminent changes to accounting standards have significant financial reporting implications for Government entities. Entities will need to plan and implement changes to systems and processes well in advance of the new requirements becoming effective.

We will:

  • review and assess policies, systems and processes entities use to identify related parties and transactions, and the completeness and accuracy of the disclosures in the financial statements of agencies and councils
  • work with NSW Treasury, the Office of Local Government, agencies and councils to determine the implications of the accounting standard changes and assess entities’ preparedness to implement them
  • work with the Office of Local Government to streamline the Code of Accounting Practice.
Working together with local councils Legislative reforms have resulted in significant changes to the Local Government sector. These include merging certain councils and extending the Auditor-General's mandate to audit all NSW local council financial statements and conduct performance audits across the Local Government sector.

We will:

  • use our mandate to encourage consistency and promote learnings that enhance financial management,fiscal responsibility and public accountability across the local government sector
  • use findings from our financial audits to inform our performance audit program
  • work alongside councils and their audit committees as they implement changes to governance structures and business planning processes
  • build our internal capacity, capability and knowledge of the Local Government sector to deliver a valuable and cost-effective service.

Financial performance and reporting are important elements of good governance. Confidence in public sector decision making and transparency is enhanced when financial and performance reporting are accurate and timely.  

The preparation of accurate and timely financial statements by agencies is an important tool to ensure accountability and transparency in the use of public resources. As the NSW Government moves to program budgeting with a greater focus on performance and outcomes it will need to ensure the key performance indicators and data used to measure the outcomes are relevant, accurate and reliable. The NSW Government’s Financial Management Transformation (FMT) program aims to address this.

In 2015–16, our audit teams made the following key observations on the financial reporting of NSW public sector agencies.

 

Financial reporting
Observation Conclusion
Only one qualified audit opinion was issued on the 2015–16 financial statements of NSW public sector agencies, compared to two in 2014–15. The quality of financial reporting continued to improve across the NSW public sector.
More 2015–16 financial statements and audit opinions were signed within three months of the year end. Timely financial reporting was facilitated by more agencies resolving significant accounting issues early, completing asset valuations on time and compiling sufficient evidence to support financial statement balances.

NSW Treasury’s early close procedures in 2015–16 were again successful in improving the quality and timeliness of financial reporting, largely facilitated by the early resolution of accounting issues.

For 2016–17, NSW Treasury has narrowed the scope of mandatory early close procedures.

The narrowed scope of mandatory early close procedures may diminish the good performance in ensuring the quality and timeliness of financial reporting achieved in recent years.

To mitigate this risk, NSW Treasury has mandated that agencies perform non-financial asset valuations and prepare proforma financial statements in their early close procedures. It also encourages them to continue with the good practices embedded in recent years.

Although most agencies complied with NSW Treasury’s early close asset revaluation procedures we identified areas where they can improve. Asset revaluations need to commence early enough to ensure all assets are identified and the results are analysed, recorded and reflected accurately in the early close financial statements.

Financial reporting

The quality and timeliness of financial reporting continues to improve across the NSW public sector.

Quality of financial reporting

Only one qualified audit opinion was issued on 2015–16 financial statements

Only one qualified opinion was issued on the 2015–16 financial statements of NSW public sector agencies, down from two in 2014–15. The audit opinion for the Office of the NSW State Emergency Service was qualified because effective controls over fundraising activities did not operate for the entire year. For further details, refer to page 16 in our Report on Law and Order, Emergency Services and the Arts.

Unqualified audit opinion issued for TAFE NSW after remediation

TAFE NSW’s audit opinion on its financial statements was qualified in 2014–15 due to system limitations, which prevented it from providing sufficient evidence to support its student revenue, student receivables, accrued income and unearned revenue balances. TAFE NSW dedicated considerable resources to address this issue in the short term.

Management resolved over 250,000 data exceptions and found revenue had been understated by $138 million in 2014–15. This was recorded as a prior-period error in the 2015–16 financial statements. For further details, refer to pages 17–18 in our Report on Industry, Skills, Electricity and Water.

The quality of financial reporting continues to improve

Since NSW Treasury introduced its mandatory ‘early close procedures’ initiative in 2011–12, the number of reported misstatements and significant matters in agency financial statements submitted for audit have fallen considerably across the NSW public sector. This is largely attributed to the early resolution of accounting issues, which helps agencies meet earlier reporting deadlines and improve the quality and accuracy of financial reporting. Whilst the quality and timeliness of financial reporting has continued to improve, the NSW Government will need to continue focusing on strong financial management across the NSW public sector to maximise performance and effectively manage assets and liabilities.

The table below shows the fall in misstatements over five years across NSW public sector agencies since mandatory early close procedures were introduced in 2011–12.

Number of misstatements
Year ended 30 June 2015-16 2014-15 2013-14 2012-13 2011-12
Total reported misstatements 298 396 459 661 1,077

All material misstatements identified by agencies and audit teams were corrected before the financial statements and audit opinions were signed. A material misstatement relates to an incorrect amount, classification, presentation or disclosure in the financial statements that could reasonably be expected to influence the economic decisions of users.  

Significant matters reported to the portfolio Minister, Treasurer and Agency Head

In 2015–16, we reported the following significant matters to the portfolio Minister, Treasurer and agency head in our Statutory Audit Reports:

  • Transport for NSW needs to assess whether a $179 million fall in the carrying value of the bus fleet leased from the State Transit Authority has similar implications for the value of the bus fleet leased from private operators
  •  issues were identified with how the Northern NSW Local Health District implemented its new rostering system, including rosters being 'force approved' by the system administrator, users having inappropriate access, no review of payroll exceptions and inadequate project governance over the system’s rollout
  • the Aboriginal and Torres Strait Islander Health Practice Council of New South Wales’ financial statements were not prepared on a ‘going concern’ basis because it had insufficient funding to continue operating
  • the Department of Industry, Skills and Regional Development needs to improve the recording and accounting for Crown Land (repeat issue)
  • the financial reporting requirements for Local Land Services local boards, established under the Local Land Service Act 2013, need to be clarified (repeat issue)
  • significant limitations exist in TAFE NSW’s student administration system (repeat issue)
  • Hunter Water Corporation contracted to sell Kooragang Island Advanced Water Treatment Plant, which is conditional on the purchaser obtaining a water licence for use of the plant, for $35.5 million. This resulted in a $20.5 million decrease in the revaluation reserve
  • Hunter Water Corporation received $28.1 million from the sale of land impacted by the NSW Government’s decision not to construct Tillegra Dam. This was $62.4 million less than the carrying value of the land
  • Sydney Water Corporation needs to ensure it has robust governance over the development and implementation of a new customer billing system and an integrated enterprise resource planning system, budgeted to cost $184 million and $54.5 million respectively.

Timeliness of financial reporting

More financial statements and audit opinions signed within three months of year end

Most agencies submitted and signed their financial statements on time, which enabled more audits to be completed within three months of year end.

In 2015–16, 204 of 286 agencies’ financial statements and audit opinions were signed within three months of the year end. This compares to only 67 in 2010–11, the year before NSW Treasury introduced mandatory early close procedures.

Early close procedures improved the timeliness of financial reporting

Agencies were broadly successful in performing early close procedures in 2015–16. However, we did identify opportunities for improvement across the NSW public sector.  

The timeliness of financial reporting can be improved further if agencies:

  • resolve all significant accounting issues during the early close process, or document a clear path towards timely resolution
  • establish internal timetables and work with their service providers to ensure supporting work papers are prepared on time
  • assess and document the impact of new and revised accounting standards effective in the current or future years
  • prepare reconciliations, which are properly supported and reviewed
  • analyse and clear suspense accounts on a timely basis
  • complete asset valuations on time (also refer below).

Agencies will not always be able to fully resolve significant and complex accounting issues as part of the early close process. If this is the case, it is important they document a clear path towards timely resolution and ensure relevant stakeholders, including NSW Treasury, are kept informed. The documentation should set out the issue, status, key aspects needing resolution, and who is responsible for the expected deliverables.

Changes in accounting standards can materially impact agencies’ financial statements. Agencies will need to ensure they review the impact of, and have appropriate systems and processes in place to address these changes. Because of the lead time required, agencies need to start preparing for imminent changes now. The more significant changes that will come into effect over the next two years include:

  • service concession arrangements - where private sector entities design, build, finance and/or operate infrastructure to provide public services, such as toll roads, utilities, prisons and hospitals
  • the classification, measurement, recognition and de-recognition of financial instruments
  • leasing arrangements - lessees will no longer classify leases as operating or finance leases; leases will be ‘capitalised’ with financial liabilities being recognised for future lease payments.

NSW Treasury has narrowed the scope of mandatory early close procedures

NSW Treasury Circular 16-13 'Agency guidelines for the 2016–17 Mandatory Early Close' has narrowed the scope of mandatory early close procedures to non-financial asset valuations and proforma financial statements. Early close procedures that are no longer mandatory, but considered to be good practice by NSW Treasury, include:

  • resolving all past audit issues
  • performing key account reconciliations
  • agreeing and confirming inter and intra (cluster) agency balances and transactions
  • identifying material, complex and one-off transactions
  • preparing quality workpapers to support balances with variance analysis and meaningful explanations for movements
  • adequate review by management and Audit and Risk Committees.

If agencies do not perform the good practice procedures, the early close process may not be as effective in ensuring the quality and timeliness of financial reporting. We will monitor and report on the impact of this change on the timeliness and quality of the 2016–17 financial statements.

NSW Treasury piloted a hard-close initiative

NSW Treasury conducted a ‘hard-close pilot’ with nine agencies in 2015–16 to assess the benefits, and whether they should be applied more widely across the NSW public sector. While NSW Treasury has evaluated the results of the pilot, it has not mandated agencies complete hard close procedures in 2016–17. NSW Treasury Circular 16–13 gives agencies the option to complete hard close procedures.  

Hard close procedures involve applying year-end procedures to the fullest extent practicable at a preliminary month end date to further improve the quality and timeliness of financial reporting.

Processes for asset valuations can be improved

Although most agencies complied with NSW Treasury’s early close asset revaluation procedures, we identified areas where they can be improved.  

Asset valuations can be complex. They can involve the valuation of a large, geographically dispersed asset base, require significant judgement to estimate fair value and require substantial resources to complete.

Asset revaluations are successful when:

  • revaluation projects commence early enough to obtain the results and to reflect this in the early close pro forma financial statements, fixed asset register and general ledger
  • all assets are identified, recorded and reconciled before being provided to the valuer and the valuation methodology is agreed and documented
  • quality work papers are prepared setting out management’s proposed accounting treatments, judgements and assumptions
  • management engages with the valuers and interrogates the valuation results with scepticism
  • valuation issues are resolved before preparing the year-end financial statements.

NSW Treasury Policy Paper TPP14-01 also provides guidance to agencies to help manage the revaluation process.

Performance reporting

In 2017 and 2018, NSW Treasury is implementing its Financial Management Transformation (FMT) program. The program will replace the current ‘service group’ budgeting and reporting structure with program based budgeting and reporting. The program expects to have the legislation, policy framework and financial reporting system rolled out for the 2017–18 financial year.  

The program will implement a modern IT system, PRIME, as NSW Treasury's key tool to support whole-of-government budgeting and reporting. PRIME is expected to give the NSW Government strategic, relevant and timely information to plan and deliver its policy priorities and the Budget. It is expected to capture and monitor financial and non-financial performance data, and provide business intelligence and analytics. The roll-out of PRIME commenced in November 2016 and the 2017–18 Budget will be delivered using PRIME.

A project of this scale and complexity has many risks, which need to be carefully managed if the desired benefits are to be realised. To manage the risks, NSW Treasury is running PRIME in parallel with the existing IT systems for an extended period that covers preparation of the 2017–18 budget.

Independent assurance over the appropriateness and accuracy of agency key performance measures and indicators would improve confidence in the reliability of the NSW Government performance data.

Monitoring and guiding program performance will mean:

  • developing and implementing high level frameworks, policies and guidance
  • establishing measures and setting targets for performance
  • ensuring the availability of and access to high quality data and other information
  • obtaining independent assurance over the quality of the data.

The FMT program aims to achieve:

  • better performance and outcomes management
  • improved management of the State’s balance sheet, revenues and expenditures
  • stronger interagency collaboration
  • clearer accountabilities
  • better reporting of performance and outcomes.

This should give the NSW Government greater visibility on whether programs are delivering value for money, with emphasis not just on whether they are meeting compliance requirements, but whether they are also meeting performance expectations. This will require agencies to have the expertise they need to analyse how programs are performing and meeting expected outcomes.

 Appropriate financial controls help ensure the efficient and effective use of resources and the implementation and administration of agency policies. They are essential for quality and timely decision making.  

In 2015–16, our audit teams made the following key observations on the financial controls of NSW public sector agencies.

Financial controls
Observation Conclusion
More needs to be done to implement audit recommendations on a timely basis. We found 212 internal control issues identified in previous audits had not been adequately addressed by 30 June 2016.

Delays in implementing audit recommendations can impact the quality of financial information and the effectiveness of decision making.

Agencies need to ensure they have action plans, timeframes and assigned responsibilities to address recommendations in a timely manner.

Agencies continue to face challenges managing information security. Most information technology issues we identified related to poor IT user administration in areas like password controls and inappropriate access. Agencies should review the design and effectiveness of information security controls to ensure data is adequately protected.

We found shared service provider agreements did not always adequately address information security requirements.

Where agencies use shared service providers they should consider whether the service level arrangements adequately address information security.

Thirteen of 108 agencies required to attest to having a minimum set of information security controls did not do so in their 2015 annual reports. The 'NSW Government Digital Information Security Policy' recognises the growing need for effective information security. With cyber security threats continuing to increase as digital services expand we plan to look at cyber security as part of our 2017–18 performance audit program.
We identified instances where service level agreements with shared service providers were outdated, signed too late or did not exist. Corporate and shared service arrangements are more effective when service level arrangements are negotiated and signed in time, clearly detail rights and responsibilities and include meaningful KPIs, fee arrangements and dispute resolution processes.
Internal controls at GovConnect, the private sector provider of transactional and information technology services to many NSW public sector agencies were ineffective in 2015–16. We found mitigating actions taken to manage transition risks from ServiceFirst to GovConnect were ineffective in ensuring effective control over client transactions and data. The Department of Finance, Services and Innovation should ensure GovConnect addresses the control deficiencies. It should also examine the breakdowns in the transition of the shared service arrangements and apply the learnings to other services being transitioned to the private sector.
Maintenance backlogs exist in several NSW public sector agencies, including Roads and Maritime Services, Sydney Trains, NSW Health, the Department of Education and the Department of Justice. To address backlog maintenance it is important for agencies to have asset lifecycle planning strategies that ensure newly built and existing assets are funded and maintained to a desired service level.

Internal controls

Agency internal controls

We report deficiencies in internal controls, matters of governance interest and unresolved issues identified during our audits to management and those charged with governance of the agencies. We do this through management letters, which include our observations, related implications, recommendations and risk ratings.

We identified and reported 837 issues during our 30 June 2016 audits. Common internal control weaknesses identified during these audits included: 

  • non-compliance with processes and legislation
  • incomplete and inaccurate central registers, such as those for managing conflicts of interest, legislative compliance and contract management
  • weaknesses in information technology controls (see further details below)
  • financial performance and reporting issues, such as inadequate review of manual journals and poor quality and review of general ledger account reconciliations
  • deficiencies in purchasing and payables processes, such as poor review of vendor master file changes, limited use of purchase orders and inadequate payment approval processes.

Fewer internal control weaknesses were assessed as being high risk than in previous years. High risk internal control deficiencies should be addressed by the relevant agencies as a matter of urgency.

More needs to be done to implement audit recommendations

More needs to be done to implement audit recommendations on a timely basis. We found 212 internal control issues identified in previous audits had not been adequately addressed by 30 June 2016. The highest proportion of these issues were in the following clusters:

  • Family and Community Services cluster - 11 of 31 issues were repeat issues.
  • Planning and Environment cluster - 26 of 88 issues were repeat issues
  • Finance, Services and Innovation cluster - 31 of 111 issues were repeat issues
  • Justice cluster - 33 of 124 issues were repeat issues
  • Transport cluster - 18 of 68 issues were repeat issues
  • Health cluster - 33 of 126 issues were repeat issues.

Two of the 212 issues were classified as high risk and related to:

  • an agency’s lack of effective controls over fundraising activities
  • recognition of a loan and the agency’s capacity to repay the loan

Of the remainder, 126 were classified as moderate risk and 84 as low risk. Delays in implementing audit recommendations can impact the quality of financial information and the effectiveness of decision making. They expose agencies to reputational risks and financial loss.

Some issues can take longer to address due to resource constraints and/or the complexity of the issue. Agencies need to ensure they have action plans, timeframes and assigned responsibilities to address recommendations in a timely manner. Audit and Risk Committees play an important role in monitoring and advising agency heads on how agencies are implementing measures to address audit findings and recommendations.

Internal controls at shared service providers

Cluster corporate and shared service models are common across NSW Government

Corporate and shared service models are common across NSW Government, with most clusters having moved to or planning to move to some form of shared service arrangement. Shared service arrangements are designed to achieve efficiencies and reduce costs by centralising service delivery in areas such as human resources, governance and risk, procurement, finance and information technology. Corporate and shared service models can:

  • consolidate information systems and standardise processes through common policies and procedures. This should provide greater transparency to the cluster lead agency of agencies' and cluster-wide performance
  • deliver better information management and decision support services
  • increase efficiencies and reduce costs.

Agencies need to carefully manage the risks associated with these arrangements, such as:

  • failing to deliver integrated systems and processes across the cluster
  • limiting flexibility, which may hinder agencies from implementing fit for purpose frameworks, such as those for governance and risk
  • sub-optimal performance by service providers and/or ineffective controls at the service provider
  • poor governance, strategic leadership and direction over shared service arrangements.

The NSW Commission of Audit, in its May 2012 report on ‘Government Expenditure’, recommended improvements in the delivery of corporate and shared services across the NSW Government sector.

Service level arrangements are not always in place or are signed too late

We found instances where service level agreements with shared service providers were outdated, signed too late or did not exist. For example:

  • service agreements, which include performance requirements for safety and quality, service access and patient flow, finance and activity, population health and people between the Secretary of NSW Health and local health districts/specialty networks, need to be signed earlier to clarify roles, responsibilities, performance measures, budgets and service volumes and levels
  •  the NSW Department of Industry, Skills and Regional Development and the Department of Justice did not always have service agreements in place with agencies to which they provide financial and corporate services.

Corporate and shared service agreements are more effective when:

  • Service level agreements are negotiated and signed on time
  • the services provided and the rights and responsibilities of each party are clear
  • meaningful KPIs are agreed and there is a process to monitor performance against the KPIs
  • security over data and information is maintained and rights of access to information are established
  • fee arrangements are agreed
  • dispute resolution processes are in place

Agencies need to seek internal control certifications from service providers

NSW Treasury Policy TPP 14–05 'Certifying the Effectiveness of Internal Controls Over Financial Information' requires agencies to obtain certification on the effectiveness of internal controls from outsourced service providers. We found:

  • agencies using the services of GovConnect were unable to rely on controls over financial transactions and information (further details below), which negated the certification process over controls at the service provider. This required the impacted agencies to implement controls to mitigate the control deficiencies at the service provider
  • the Department of Justice did not always provide written certifications on the design and effectiveness of internal controls to client agencies
  • some private sector service providers do not provide independent certifications on the effectiveness of their controls to agencies.

The NSW Treasury Policy notes that, in some instances, client agencies may consider it appropriate to seek additional assurance in the form of an independent opinion on the design and operating effectiveness of controls in the service organisation. Agencies should consider the nature and extent of the services provided by their service provider when determining whether independent assurance is required.

Internal controls at GovConnect were ineffective in 2015–16

GovConnect provides information technology and transactional services to agencies within the NSW Public Sector. Service levels fell during the transition of shared services from ServiceFirst to GovConnect and NSW public sector agencies using these services were unable to rely on controls over financial transactions and information.  

We found mitigating actions taken to manage transition risks from ServiceFirst to GovConnect were ineffective in ensuring effective control over client transactions and data. This increased the risk of fraud and error, and inappropriate access to information.  

The Department of Finance, Services and Innovation should ensure GovConnect addresses the control deficiencies identified in GovConnect’s Independent Auditor’s Assurance reports. It should also examine the breakdowns in the transition of the shared service arrangements and apply the learnings to other services being transitioned to the private sector. Refer to pages 19-20 in our Report on Finance, Services and Innovation for further details.

Information technology

Digital Information Security

Agencies continue to face challenges managing information security

We audited the information systems of 72 agencies in 2016. The audits focused on the information technology (IT) processes and controls supporting the integrity, availability and security of financial data used to prepare the financial statements.

The audits identified opportunities to improve IT control environments, with a large proportion of our findings relating to information security. We recommended agencies review and strengthen information security controls. The key control weaknesses we found related to user administration, password parameters and privileged access.

Over the last three years the number of information systems issues we identified has improved, as shown below: 

  • 2015–16: 72 audits - 121 issues reported
  • 2014–15: 73 audits - 169 issues reported
  • 2013–14: 77 audits - 198 issues reported.

Of the 121 issues reported in 2015–16, two were classified as high risk, 80 as moderate risk and 39 as low risk. The two high risk issues related to:

  • poor password configuration management
  • inappropriate user access accounts and inadequate review of users’ access to the agency’s network, finance applications, database and servers.

Twenty-three per cent of the issues reported in 2014–15 were repeated in 2015–16. The percentage of repeat issues has fallen compared to 2013–14. 

Governance refers to the high-level frameworks, processes and behaviours established to ensure an entity meets its intended purpose, conforms with legislative and other requirements, and meets the expectations of probity, accountability and transparency.  

Governance models need to be adapted for the specific goals and outcomes required for different situations; one size does not fit all. High standards of public sector governance and accountability enable effective and efficient use of public resources. They also help to ensure agencies act impartially and lawfully, deliver program/project benefits within expected costs and timeframes and provide useful information about their activities and achievements.

In 2015–16, our audit teams made the following key observations on governance in NSW public sector agencies

Governance
Observation Conclusion
Cluster governance arrangements that support cluster accountability, performance monitoring, risk and compliance management are unclear.

Currently, cluster governance arrangements are unclear and inconsistently implemented across the NSW public sector. Implementing cluster governance frameworks is complex.

The Department of Premier and Cabinet (DPC) has indicated the NSW Public Sector Governance Framework will be updated to give guidance on cluster governance and how accountability and performance are monitored and reported.

The ‘whole-of-government’ does not have a dedicated audit and risk committee. NSW Government agencies would benefit from a dedicated independent audit and risk committee for the ‘whole-of-government’ that focuses on common issues and risks across the NSW public sector, and recommends and oversights coordinated responses to sector wide issues.

We identified many deficiencies in the oversight and management of Crown Land, including the sale and lease of such land.

We recommended the Department of Industry-Lands improve its processes for the sale and lease of Crown Land.

Our assessment of a sample of 33 agencies found that agencies have risk management governance structures in place, but need to focus on developing stronger risk cultures and fit-for-purpose systems to capture risks and incidents. Agencies need to focus on developing strong risk cultures and fit-for-purpose systems to capture risks and incidents.
We found project cost and time overruns continue to occur. In 2016–17, we will assess risk management maturity and processes focusing on effective risk management in project governance.
Our 2015–16 fraud survey indicates fraud controls are improving, but highlighted areas where agencies can do more. Agencies can review their fraud control measures against our Fraud Control Improvement Kit.
Our review of 13 agencies’ compliance with reporting and disclosure aspects of the GIPA Act found varying degrees of non-compliance at each. Our 2016 Special Report 'Compliance with the GIPA Act' makes recommendations to help agencies comply with the requirements of the Act.

Governance and Accountability

With the NSW public sector changing and becoming more complex, good governance becomes more important so the public's confidence in government and its agencies is maintained. Governance across the NSW public sector is complex and needs to accommodate risks arising from:

  • the Government’s cluster arrangements having no legal basis
  • many agencies not having conventional board structures
  • agencies only being able to do what their enabling legislation allows
  • agencies having for profit or not-for-profit objectives, and/or only being established to achieve a particular purpose
  • capability limitations that may exist in governing bodies
  • stakeholders having high expectations around accountability, transparency and conflicts of interest in public sector agencies.

Adding to this complexity is the continually changing nature of the public sector and the way it delivers services. Often, governance arrangements are impacted by:

  • changes in service delivery models, such as commissioning and contestability arrangements
  • machinery of government changes, leading to agencies being formed, amalgamated or abolished
  • complex financing and other contractual arrangements, such as public private partnerships impacting the structure and risks agencies face.

Those charged with governance are accountable for the decisions they make and need relevant, accurate and up-to-date information on which to base their decisions. Consequently, they need to satisfy themselves the governance frameworks, and the design and effectiveness of internal systems and controls provides sufficient assurance the agency’s activities are in line with expectations and comply with standards and legal requirements.  

Our audits identified deficiencies in some agencies’ governance frameworks, including:

  • not having frameworks to manage and ensure compliance with legislation
  • outdated policies and procedures, including those for fraud and corruption
  • inconsistent risk management frameworks
  • not having effective internal audit functions
  • some smaller agencies not having an Audit and Risk Committee
  • poor frameworks for identifying and managing conflicts of interest and gifts and benefits.

Agencies can assess their governance frameworks against our Governance Lighthouse.

Effective cluster/agency and program/project governance is characterised by:

  • leaders who set the right tone from the top, that shapes the culture and demonstrates the desired values and ethics through the behaviours they model when working with management and external stakeholders
  • a clear strategic purpose and direction, based on a clear understanding of stakeholder expectations, realistic medium and long-term outcomes, short-term priorities and expenditure/investment choices and budgets
  • a shared and strong understanding of the strategy to inform decisions
    strong oversight of progress against the strategy, significant deviations from it, emerging risks and planned benefits from change programs
  • regular reviews of and updates to the strategy to adapt to changing circumstances
    a clear purpose at specific project/program levels
  • charters with structures that include clearly distinct governance and management roles, principles, and processes
  • clearly defined roles and responsibilities that make differing interests transparent and improve decision-making – these should be revisited periodically
  • visible leadership when agencies/projects/programs face difficult issues
    clearly allocated and delegated decision-making for governance and management
  • different people in the roles of chair, project sponsor, manager of the division responsible for delivering a project, the line manager of the project director
  • the right mix of people with different perspectives and skills, who robustly debate issues, but support agreed decisions
  • independent quality assurance 
  • effective risk management that identifies, analyses, mitigates, monitors and communicates risks
  • a defined risk management framework and register that is widely understood and aligned to the agency’s strategy, risk appetite, objectives, business plan and stakeholder expectations
  • a mature risk management culture and reporting structure that is built into the agency or project governance framework
  • clear roles for Audit and Risk Committees, with competent and independent members who have a clear purpose
  • governance arrangements and practices that continually evolve to manage risk and conflicts of interest.

Cluster governance

Cluster governance arrangements, including accountability, are unclear

Currently, cluster governance arrangements are unclear and inconsistently implemented across the NSW public sector. Implementing cluster governance frameworks is complex because clusters bring together entities with different enabling legislation, organisational and legal structures, information systems and processes, risk profiles and governance frameworks. They require Ministers, boards, department Secretaries, agency heads and management to work together to ensure effective cluster governance and accountability arrangements are in place.

Clear cluster governance arrangements would improve cooperation and coordination amongst cluster agencies, help deliver government priorities that cut across agencies and improve service delivery outcomes. We recommended DPC release a revised NSW Public Sector Governance Framework that clearly articulates cluster governance arrangements, the role of the cluster Secretary, Chief Finance Officer, Chief Information Officer and Chief Risk Officer.

DPC has indicated the framework will be updated shortly to provide guidance on governance at a cluster level, including how cluster-level accountability and performance information is monitored and reported. We understand DPC will work with NSW Treasury to revise the framework by mid-2017. It is important for these agencies to collaborate and ensure the outcomes of NSW Treasury's Financial Management Transformation (FMT) program are considered when updating the framework.

The FMT program aims to revise financial governance, budgeting and reporting arrangements in the NSW public sector, and clarify the administrative and accountability arrangements for cluster operations. Further information on FMT is included in the Financial Performance and Reporting and Service Delivery chapters.  

Management oversight and capability

Those charged with governance are ultimately responsible for establishing an appropriate governance framework and system of internal control. However, management is accountable to those charged with governance and their oversight plays an important role in ensuring appropriate policies, procedures and internal controls are designed and working properly.

Sale and lease of Crown land is not being managed effectively

Our 2016 performance audit found limited oversight of sales and leases of Crown land by the Department of Industry - Lands. The Department has only just started monitoring whether tenants were complying with lease conditions, and does not have a clear view of what is happening on most leased Crown land. Most guidance to staff had not been updated for a decade, contributing to staff sometimes incorrectly implementing policies on rental rebates, unpaid rent, rent redeterminations and the direct negotiation of sales and leases on Crown land.  

Decisions on the sale and lease of Crown land were not transparent to the public and the Department has not provided consistent opportunities for the public and interested parties to participate in decisions about Crown land. Between 2012 and 2015, 97 per cent of leases and 50 per cent of sales were negotiated directly between the Department and individuals, without a public expression of interest process.  

Adding to this, our financial audit findings have identified significant deficiencies for several years in recording and accounting for Crown land assets in the Crown Land Information Database and the Department’s general ledger.

A key objective of the Department of Industry - Lands is for Crown land to be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State. A major part of the State’s land holding is Crown land, which had an estimated value of $12 billion in  2015–16. Crown land comprises approximately 42 per cent of all land in New South Wales and supports a wide range of important environmental, economic, social and community activities.  

The Crown Land Management Act 2016 (the Act) received assent from Parliament on 14 November 2016. The Act consolidated eight pieces of legislation. Most of the Act is expected to commence in early 2018. It is expected to reduce complexity and duplication, deliver better social, environmental and economic outcomes and facilitate community involvement in Crown land.

Good progress is being made on implementing public sector management reforms

Our performance audit on ‘Public Sector Management Reforms' found the Public Service Commission was making good progress leading the implementation of public sector management reforms. The Commission developed a sound evidence base for the reforms and gained wide public sector support by engaging with agency heads and using public sector working groups to develop options.  

The Commission needs to do more to report on how the reforms are contributing to better public services and to issue its guidance material to agencies promptly. The audit noted that the capacity and capability of human resource units in some agencies remains an impediment to the successful implementation of the reforms.

In early 2012, the NSW Commission of Audit Interim report identified a range of issues with workforce management in New South Wales. The Public Service Commission (PSC), which was established in late 2011, was tasked to address some of these issues and build the capability of the public sector. The Government Sector Employment Act 2013 (GSE Act), which provides the legislative basis for reforms, commenced in February 2014.

The public sector management reforms are ambitious, covering a substantial workforce and requiring a lot to be done in a short time. To achieve the intended outcomes, the reforms needed to be supported by sound evidence, have clear objectives and performance indicators, and be evaluated at appropriate stages.

Risk Management

The increasing complexity of government business transactions reinforces the need for whole of government approaches to deal with inter-related and inter-dependent risks across government agencies. It is important that safeguards in place to manage these risks are commensurate to the risk posed.

Findings from some of our 2016 performance audits, which looked at how areas of high risk are managed across NSW Government, are detailed below:

Our performance audit on managing unsolicited proposals in New South Wales concluded that governance arrangements for unsolicited proposals were adequate, but greater transparency and public reporting is needed. Unsolicited proposals warrant greater scrutiny and disclosure as they pose a greater risk to value for money than open, competitive and transparent tender processes.

 

Our performance audit on government advertising concluded the peer review process provides sufficient assurance that government advertising programs are needed and are cost effective. Government advertising is an activity that is high risk because of the potential for it to be used for political purposes. In NSW, the Government Advertising Act 2011 requires government advertising campaigns estimated to cost over $50,000 to be independently peer reviewed before launch.  

Cluster-wide risk management

Cluster wide risk management is inconsistent

Agencies within clusters have their own risk profiles and risk management frameworks. We found varying approaches and levels of maturity on how agency risks are captured and escalated to a cluster level so cluster heads can assess how they are being managed, treated and reported. We recommended some clusters review how agency level risks are escalated and reported at a cluster level.

Enterprise-wide risk management

Agency enterprise-wide risk management across the public sector is improving

In 2016, we assessed risk management processes at 33 agencies across the NSW public sector against the criteria in our Risk Assessment Tool. In 2015, we asked 77 agencies to perform a self-assessment of their risk management maturity. The table below compares the overall results of our assessment against the agencies self-assessments. The comparison indicates that risk management is improving.

Our assessments found that agencies have risk management governance structures in place, but need to focus on developing stronger risk cultures and fit-for-purpose systems to capture risks and incidents.

The environment in which services are delivered to the people of NSW is constantly changing. Services need to remain relevant and support the public's changing needs and expectations. People expect high quality services to be delivered in cost effective ways. To do this, agencies need to determine how best to deliver the services. Governments can deliver their services through agencies or through commissioning the right mix of services from public, private and not for profit sector providers.  

Agencies also need to consider how they collaborate with each other to improve the quality of their services and help drive down costs. Changes in innovation and technology can help agencies adapt to changing circumstances and to deliver better services in different ways.

In 2015–16, our audit teams made the following key observations on service delivery by NSW public sector agencies.

Service delivery
Observation Conclusion
New ways of delivering services across NSW Government are being identified, with commissioning and contestability arrangements being introduced or considered.

It is important for accountability to be maintained when services are outsourced.

Commissioning services and introducing new systems can be challenging. It is important for this to be managed well through:

  • strong project governance and leadership to manage risks
  • entering into binding commitments with clear accountabilities
  • good preparation, including adequate training and support for staff
  • sound financial management to control costs.
We found government decision makers are not always receiving enough information to make evidence-based investment decisions. The NSW Government’s program evaluation initiative has been largely ineffective. A performance audit looked at the Justice, Industry, Skills and Regional Development, Planning and Environment, Premier and Cabinet and Treasury clusters and recommended improvements to program evaluation.
We found agencies' performance is not routinely measured, evaluated or publicly reported. Agencies can improve transparency over their performance with a stronger focus on measuring performance and outcomes so they can make evidence-based decisions and maintain public accountability.
According to unaudited agency data, some Premier's and State Priorities are at risk of not being achieved. Independent assurance over the reliability and accuracy of the data would increase confidence in the performance indicators used to measure achievement of the Government’s priorities.
A comprehensive report of performance against the State Priorities is not published. We understand the NSW Government is considering public reporting against the State Priorities and developing reporting options.

Commissioning and Contesting the Delivery of Services

The publics' rising expectations, and rapidly changing and increasingly complex needs mean agencies cannot be complacent even when they deliver good services. To meet changing expectations and needs, agencies need to build on their strengths and leverage opportunities a modern, technology driven and information rich environment provides.

Government outcomes can be achieved through the effective commissioning of the right mix of services from the public, private and not-for-profit sectors. Commissioning involves agencies assessing citizens’ needs, determining priorities, designing and sourcing appropriate services, and monitoring and evaluating performance. NSW Treasury's 'Government Commissioning and Contestability Policy', published in November 2016, aims to provide a clear and consistent policy direction, definition and set of principles to guide NSW Government agencies when commissioning and contesting services.

It is important for agencies to understand the Government's strategic direction and objectives when partnering with others or commissioning the delivery of services. They must be prepared and able to work together and with others in different ways to deliver the best quality public services possible. Agencies face challenges and opportunities when commissioning services. These include:
 
  • determining the size, variety and location of services needed to meet customer needs and expectations
  • doing things differently to ensure public services are delivered efficiently and effectively
  • developing and nurturing markets, and transitioning services into and out of government
  • partnering with other public and private sector entities, and non-government organisations (NGOs)
  • establishing and maintaining clear accountabilities for jointly delivered services
  • using new approaches that leverage improvements in technology
  • involving the people of NSW in designing, planning, and delivering services
  • using, sharing and communicating information about service delivery
  • building agencies' capacity and capability
  • measuring and benchmarking service performance.

Effective commissioning can be achieved through:

  • strong governance and leadership to manage relationships and risks effectively within risk appetite levels
  • good information systems and tools 
  • being well prepared with the right capability and number of employees who are well trained and supported
  • adopting approaches that best fit the circumstances
  • regularly monitoring and assessing if expected outcomes are being achieved 
  • having a common purpose with clear outcomes
  •  being flexible and prepared to make trade-offs
  •  binding commitments with clear accountabilities
  •  sound financial management to control costs
  •  adequate development and testing of new systems before going live.

Commissioning and contestability continues to increase

We continue to see new ways of delivering services across NSW Government agencies. Some examples of commissioning and contestability include:

  • commissioning of GovConnect to provide information technology and transactional services to several agencies within the NSW Public Sector (refer Financial Controls chapter for further detail)
  • contestability testing within NSW Health, including linen services, non-emergency patient transport, warehousing, hospital support services, pathology and radiology
  • commissioning NGOs to provide some services traditionally provided by the Department of Family and Community Services ($2.8 billion received by NGOs in 2015–16 for the delivery of these services).

Our performance audit on franchising of the Sydney Ferries network found the decision to do so was justified and Transport for NSW’s management of the franchise was largely effective. The franchising has resulted in cost savings, good service performance and effective risk transfer from Government to the private sector operator. Scheduled ferry services are now provided under a seven-year contract managed by Transport for NSW.

Our 2016–17 performance audit program includes a review of Roads and Maritime Services' (RMS) Sydney region road maintenance contracts to assess whether RMS has realised the expected benefits of outsourcing road maintenance for the Sydney Region West and South zones under its Stewardship Maintenance Contracts. We also recently tabled a performance audit report, which focused on the Department of Family and Community Services work to build the readiness of the non-government sector for the National Disability Insurance Scheme.

Accountability needs to be maintained when services are outsourced

Generally, contractual arrangements allow an agency that is outsourcing services to review and assess the performance of the service provider. However, outsourced service providers are not directly accountable to the NSW Parliament for their use of public resources.

Governments are increasingly outsourcing to or partnering with private and NGO providers to deliver government services. Consequently, many parliaments now have legislation that enables Auditors-General to ‘go beyond’ the boundaries of the agencies commissioning services and into the entities providing the services to examine how effectively and efficiently they are providing the services (‘follow the money’ powers). New South Wales legislation does not currently provide the Auditor–General with such powers.

Delivering Government Services

Evidence-based decision making

Government services are being delivered by agencies through a variety of programs

To do this effectively agencies need to be able to make evidence based decisions. In August 2013, the NSW Government commenced a program evaluation initiative, which required agencies to periodically evaluate their programs. Since then, NSW Treasury and DPC have worked with agencies to implement the initiative. Agencies are required to prioritise programs for evaluation based on size, strategic significance and degree of risk, recognising their available capability and resources to conduct evaluations.

Our performance audit on 'Implementation of the NSW Government’s program evaluation initiative' showed the initiative was largely ineffective and government decision makers were not receiving enough information to make evidence-based investment decisions. The audit looked at the Justice, Industry, Skills and Regional Development, Planning and Environment, Premier and Cabinet and Treasury clusters.

Our performance audit also recommended NSW Treasury develop an evaluation framework to support the program budgeting and reporting component of the Financial Management Transformation (FMT) program, and ensure the program evaluation initiative is integrated into the new framework.

The FMT program budgeting, reporting and evaluation initiative aims to provide evidence-based information to inform investment decisions on programs. Adopting program budgeting and reporting as a key component of the FMT program requires a proven and systematic evidence-based methodology for measuring the efficiency and effectiveness of the programs.

Service delivery performance

Our performance audits found mixed service delivery performance

Performance audits build on our financial audits by reviewing whether taxpayers' money is spent efficiently, effectively, economically and in accordance with the law. Many of our performance audits focus on whether agencies are delivering good services to citizens at a reasonable cost. Findings from some of our 2016 audits, which focused on service delivery performance, are outlined below:

New South Wales has a lower rate of foodborne illness than the national average. This reflects some good practices in the NSW Food Authority’s approach to monitoring food safety standards. To ensure foodborne illnesses remain low, the Authority needs to better monitor its arrangements with local councils that inspect retail food businesses on its behalf, and receive additional and more timely information from them on compliance with food safety standards.

 

The Department of Education is doing a reasonable job of managing how well students with a disability transition to new schools and in supporting teachers to improve the students’ educational outcomes. We found enrolments in quality early childhood education were increasing, but were still below benchmark and funding could be better targeted to disadvantaged children in long day care.

 

Juvenile Justice NSW prepares and helps young people reintegrate into the community reasonably well after detention, given their complex needs, but access to post-release services is problematic.

 

Citizens will benefit if red tape is reduced. Overall, NSW Government initiatives and processes to prevent and reduce red tape have not been effective. In the absence of an accurate red tape savings figure and a stocktake of regulation, the NSW Government does not have a clear view of the impact its reported savings had on the overall net burden of red tape in New South Wales. Its ‘one-on, two-off’ initiative to reduce legislative regulatory burden achieved its numerical target, but the cost of the total legislative burden increased by $16.1 million over the same period.

Reporting on Service Delivery Performance

As agencies partner and collaborate more, measuring performance becomes more important. Sharing, using and making information available enables agencies to collectively understand and improve their service performance. This also gives agencies an opportunity to achieve efficiencies in collating and using research and performance data within privacy and legislative constraints. Where appropriate, agencies should consider obtaining independent assurance over the reliability and accuracy of the performance data they use.

Complaints are an important and free source of information that can provide valuable insights into poor service, systemic errors or problems with specific processes. How agencies manage and respond to complaints demonstrates their commitment to high standards of service delivery. Complaints also give agencies an opportunity to understand the expectations and experiences of people using their services. Government agencies need to ensure complaints are easy to make, consistently recorded and analysed, and openly reported and actioned.

Transparency over performance

Performance is not always measured, evaluated or publicly reported

A key objective of public sector reform is to improve performance and create a culture of accountability. Inadequate performance measures and primarily internal reporting, reduces transparency of agency performance and makes it hard for the public to assess if agencies are doing a good job. A sample of our audits found:
 
  • the effectiveness of Corrective Services NSWs performance framework was limited because performance information was not readily available to correctional centres to make more informed decisions on how best to manage their centres
  • red tape savings figures were not accurate and there was no central oversight of red tape reduction strategies
  • a lack of detailed costings meant we could not be sure regulation of early childhood education was efficient even though processes appeared to be good
  • while the Department of Family and Community Services has transparent performance reporting which is regularly published, the use and reporting of targets and benchmarks is limited
  • while icare collects performance information it does not use this information to assess the success of the return to work program. The return to work rate has increased from 85.5 per cent to 88.3 per cent since the workers’ compensation reforms were introduced in 2012, but there was no benchmark to assess if this result is meeting the desired objectives of the reforms
  •  the Environment Protection Authority has not developed measures and targets to assess achievement of outcomes associated with illegal dumping initiatives.

Agencies should consider whether their performance measurement frameworks:

  • measure the right things, focus on outcomes and integrate with decision making processes
  • set baselines and establish targets and timeframes for key performance indicators
  • require the use of reliable, up to date and accurate information
  • require information to be publicly reported to increase transparency.

The Government will not get the same level of reliance on performance information as it does for financial statements if that information is not independently assured. We will continue to focus on how well agencies assess and report the performance of their initiatives in achieving desired outcomes.

Premier's and State Priorities

The NSW Government released State Priorities 'NSW: Making it Happen' in September 2015. It includes 12 Premier's Priorities and 18 State Priorities with measures and targets to track the Government's performance in key priority areas.

The Premier's Priorities are detailed below.

  • Protecting our kids
  • Improving service levels in hospitals
  • Improving education results
  • Driving public sector diversity
  • Keeping our environment clear
  • Faster housing approvals
  • Reducing domestic violence
  • Tackling childhood obesity
  • Reducing youth homelessness
  • Improving government services
  • Creating jobs
  • Building infrastructure

Performance against the Premier's and State Priorities is not audited

The Premier's and State Priorities have not been independently audited to provide assurance the performance information is accurate. The Commonwealth, Victorian and Western Australian Auditors-General have varying powers that provide for auditing the appropriateness of agency key performance indicators and determine whether they fairly represent actual performance. NSW legislation does not currently provide the Auditor-General with such powers.

Premier's Priorities

Some Premier's Priorities are at risk of not being achieved

Our 2015–16 reports commented on the Government's performance against some of the Premier’s and State Priorities. Published data, which we have not audited, indicates the following Premier's Priorities may be at risk of not being achieved:

  • the proportion of domestic violence perpetrators re-offending within 12 months was 15.9 per cent, which is 6.7 percentage points higher than the target of 9.2 per cent (refer page 52–53 in Report on Law and Order, Emergency Services and the Arts for further details)
  • the percentage of children and young people re-reported at risk of significant harm was 40 per cent, which is 5.6 percentage points higher than the target of 34.4 per cent (refer page 31–32 in Report on Family and Community Services)
  • in 2015–16, 32.5 per cent of students achieved results in in the top two NAPLAN bands for reading and numeracy, marginally below the baseline of 32.7 per cent and below the 2019 target of 35.2 per cent (refer page 40–41 in Report on Education for further details)
  • the rate of patients leaving emergency departments within four hours was 74.2 per cent, 6.8 percentage points below the target of 81 per cent (refer page 53 in Report on Health for further details).

Published data, which we have not audited, indicates the following Premiers Priorities have been achieved or are on track to be achieved:

Progress against all 12 priorities can be found at https://www.nsw.gov.au/improving-nsw/premiers-priorities.

State Priorities

Some State Priorities at risk of not being achieved

Data, which we have not audited, indicates the following State Priorities may be at risk of not being achieved:

  • journey time reliability was 86 per cent in 2015–16, four percentage points below the 90 per cent target for peak travel on key routes being on time (refer page 48 in Report on Transport for further details)
  • in 2015–16, 9.1 per cent of Aboriginal and Torres Strait Islander students achieved results in the top two NAPLAN bands for reading and numeracy, which shows no improvement on the baseline of 9.1 per cent and is below the 2019 target of 11.6 per cent (refer page 42–43 in Report on Education for further details)
  • reducing the rate of adult re-offending by five per cent by 2019 – the rate increased 2.3 percentage points over the five years since 2010 to 36.7 per cent for the year ended 31 December 2014 (refer page 53–54 in Report on Law and Order, Emergency Services and the Arts for further details).

Data, which we have not audited, indicates the following State Priorities have been achieved or are on track to be achieved:

  • the State maintained its AAA credit rating (refer page 25 in Report on State Finances for further details)
  • general government expenditure growth was 4.4 per cent in 2015–16 and continued to be below long term revenue growth of 5.6 per cent (refer page 25 in Report on State Finances for further details)
  • 70,077 new dwelling approvals were granted in 2015–16, higher than the target of 50,000 approvals (refer page 35 in Report on Planning and Environment for further details)
  • the time taken to assess planning applications for complex state significant developments fell 46 per cent in 2015–16 from the 2013–14 baseline. A further four percentage point reduction is required to meet the target of halving the time to perform these assessments (refer page 35 in Report on Planning and Environment for further details)

A comprehensive report of performance against the State Priorities is not published

The Department of Premier and Cabinet has defined targets and measures in ‘NSW: Making it Happen’ so Ministers and individual agencies know which targets they are accountable for and how they will be measured. While some measures are publicly reported through agency annual reports or other sources, a comprehensive report of performance against the 18 State priorities is not published. We understand the NSW Government is considering this matter and developing reporting options.

Agencies are responsible for the priorities and they report progress at least bi-annually to the Department of Premier and Cabinet for reporting to the Premier. We will continue to report performance against the targets set in the Premier's and State Priorities.

Contract Management

Our audits identified deficiencies in contract management processes

Our audits continue to identify deficiencies in contract management processes, including:

  • agencies not having central contract registers detailing key contractual obligations and commitments
  • incomplete and inaccurate contract registers and/or no policy or procedures to update and maintain contract registers
  • no monitoring of contract performance.

We recommended agencies in the Family and Community Services and Planning and Environment clusters improve contract management processes. A robust contract management framework helps ensure all parties meet their obligations, contractual relationships are well managed, value for money is achieved and deliverables meet the required standards and agreed timeframes.

A 2014 performance audit ‘'Making the most of government purchasing power – telecommunications' developed a Better Practice Contract Management Framework (Framework) with nine key elements. Agencies can refer to this framework when assessing the adequacy of their contract management framework.

Benefits realisation

Benefits realisation approach for the Service NSW initiative is not as effective as it could be

Effective benefits realisation is critical to achieving intended outcomes expected from investments.  

Our performance audit on 'Realising the benefits of the Service NSW initiative' found the benefits realisation approach for the Service NSW initiative is not as effective as it could be. While customers think Service NSW provides a convenient and practical way to access all government transaction services:  

  • it was unclear who should monitor and report on the achievement of whole-of-government benefits and savings anticipated from the initiative
  • there was insufficient data to fully value or identify individual agency and whole-of-government savings and benefits.

This makes it difficult for the NSW Government to demonstrate the expected economic benefits of Service NSW will outweigh costs by the estimated five to one, and that savings will accrue after 2016–17.

The Department of Finance, Services and Innovation has developed a benefits realisation management framework, which can be found at www.finance.nsw.gov.au/publication-and-resources/benefits-realisation-management-framework. The Department of Education has established a benefits realisation plan for the Learning Management and Business Reform Program (LMBR) following our performance audit on the LMBR program. The Department of Planning and Environment is planning a benefits realisation review on the implementation of stage one of the ePlanning system.  

We will continue to review whether agencies have implemented effective benefit realisation frameworks for major projects and programs and examine the outcomes of benefit realisation reviews.