Issues of corporate governance have long been a matter for concern in the private sector. Following recent corporate collapses and scandals, legislators and regulators in a number of countries have focused on strengthening governance in publicly traded corporations. Considerable attention has been given to setting clear expectations for the performance of boards and for the disclosure of information to various stakeholders.

Good governance is no less important in the public sector.

Indeed issues of oversight and accountability may be more complex in the public sector, particularly in government businesses. There are more stakeholders involved (portfolio Ministers, shareholder Ministers, Parliament and central agencies) and there are competing – and potentially conflicting - objectives (financial, social, environmental, etc).

Because of these potential conflicts, it is important that Boards understand what government expects of them. Some of these expectations reflect the government’s regulatory role in areas such as safety, pricing and ensuring consumers receive essential services. Some expectations reflect the government’s role as a business owner.

Having a clear separation of regulatory expectations from ownership expectations is essential if boards are to be accountable for their performance on both aspects. To assist in this separation, New South Wales (like many other jurisdictions) has adopted the concept of ‘shareholder Ministers’ – as distinct from the portfolio Minister – to exercise the ownership function.

This report looks more closely at a particular area - how the State conducts itself as the owner of the State owned electricity corporations. This is an important issue as the State’s (ie taxpayers’) equity in these businesses is worth over $9 billion. Managing the risks associated with continuing ownership of these businesses is an essential aspect of good governance.

Although the audit focuses on the State’s holdings in the electricity sector, its findings and recommendations have relevance for all State owned corporations.

Parliamentary reference - Report number #144 - released 19 October 2005

Hospitals, schools, public housing, roads, bridges, buses and trains are just some of the assets used by government in providing services to citizens.

The NSW Government’s asset base is impressive in size - with a value of around $167 billion and with government plans to spend around $8 billion acquiring or replacing assets in the current year. Another $2 billion is spent each year on maintenance.

Good asset management is very important to government; even a small efficiency gain in this area can provide significant returns. Good practice by those responsible for managing assets can improve reliability, extend asset life, save on maintenance costs and aid in identifying and disposing of unnecessary or non-performing assets.

Improving the NSW public sector’s approach to asset management has been on the reform agenda for at least a decade. Changes in practice have been accelerated more recently by integrating asset management policy with the budget process.

In this audit we examined NSW Treasury’s efforts to improve asset management practices in the public sector and the progress made by 3 agencies - the Department of Corrective Services, NSW Fire Brigades and the Powerhouse Museum - towards better managing their asset portfolios.

This report informs Parliament and the community on progress to date and what more needs to be done to ensure that agencies manage assets effectively and achieve best value.

Parliamentary reference - Report number #143 - released 12 October 2005

Periodically we review the extent to which agencies have implemented the recommendations they accept from our earlier audits. This gives Parliament
and the public an update on the extent of progress made.

Intellectual property (IP) can have value to the agency concerned and may have the potential for wider commercial use. Poor management of IP can impose risks, including the risk of lost opportunities. Because it is not ‘tangible’ like a building or plant and equipment, the need for properly managing IP may be overlooked.

In this follow-up audit, we examine changes following our October 2001 report on how well public sector agencies were managing intellectual property.

Parliamentary reference - Report number #133 - released 30 March 2005

Periodically we review the extent to which agencies have implemented the recommendations they accept from our earlier audits. This gives Parliament and the public an update on the extent of progress made.

Given the size of the NSW public sector, the potential for fraud could run into billions of dollars if not properly managed. It is an area of risk that warrants close and ongoing attention. Over the last decade, we have responded by issuing three performance audits and a comprehensive guide to better practice on this topic.

In conducting my financial audits, there is now an Auditing Standard that requires me to seek annual assurances from every agency concerning the adequacy of their arrangements for fraud control. This latest performance audit provides a further report card on the extent to which the NSW public sector is managing its fraud risks.

This Report also provides updated guidance on improving arrangements for fraud control both at a whole-of-government level and at the agency level.

I commend the Report for close and careful attention by every agency.

Parliamentary reference - Report number #130 - released 9 February 2005

The Audit Office is of the opinion that:

• the sale was delivered with reasonable efficiency and effectiveness

• the sale yielded a satisfactory return to the NSW Government. The possibility for a higher return was limited to about 2% to 4% on gross proceeds of $936m. It would have required setting a higher share price for all investors and adopting a more flexible approach to share allocation

• the Government’s objective to promote community and investor support was achieved. The scale of the demand for script added to costs and was not fully translated into higher proceeds  

• generally satisfactory accountability frameworks were put in place for the sale and no probity concerns were identified

• the frameworks to achieve the Government’s wider reforms of the racing and wagering industries have substantially been implemented.

Parliamentary reference - Report number #61 - released 23 December 1998