What it does
The Audit Act 1994 establishes the legal framework for the audit of the Victorian public sector. Its purposes, set out in section 1, are to provide for the conduct of efficient and effective financial audits, performance audits, and assurance reviews in the Victorian public sector; to provide for reports on those audits and assurance reviews by the Auditor-General to the Parliament; and to provide for the administration and audit of the Victorian Auditor-General’s Office (VAGO). Section 3A expands on these objectives: to determine whether financial statements of public bodies and the State present fairly their financial position and results; to determine whether public bodies achieve their objectives effectively, economically, efficiently and in compliance with all relevant Acts; to determine whether operations or activities of the Victorian public sector are performed effectively, economically, efficiently and in compliance; to determine whether financial benefits or property given by a public body to an associated entity or other entity are used effectively, economically and efficiently for the particular purpose; to determine whether there has been wastage of public resources or lack of probity or financial prudence; to ensure the Auditor-General has necessary powers; and to ensure the Auditor-General is held accountable. The Act creates three core audit functions: mandatory annual financial audits of every public body (section 10), discretionary performance audits of public bodies and the wider public sector (sections 14 and 15), and mandatory assurance reviews of estimated financial statements plus discretionary assurance reviews of operations (sections 19 and 20). It grants the Auditor-General extensive information-gathering powers in Part 7, including the power to serve information gathering notices requiring documents, information, and attendance; the power to enter and inspect premises owned or occupied by public bodies or associated entities; and the power to examine persons on oath or affirmation. Part 8 governs reporting to Parliament, including mandatory reporting on the annual financial report of the State (section 57). Part 9 imposes mandatory notification obligations to IBAC and Integrity Oversight Victoria, and authorises information sharing with other integrity bodies and Auditors-General. Part 10 imposes accountability obligations on the Auditor-General, including preparation of an annual plan (section 73), annual report (section 75), and application of auditing and assurance standards (section 78). Part 11 provides for independent audit of the Auditor-General and VAGO: an independent financial auditor appointed by resolution of both Houses (section 79) and an independent performance auditor appointed to conduct a performance audit at least once every four years (section 82). The Act binds the Crown (section 3C) and has extra-territorial operation to the full extent of Victoria’s legislative power (section 3B).