The FOI Act applies as if after section 93B there were inserted—
“93C Annual report(1) The National Education and Care Services Freedom of Information Commissioner must submit, within 4 months after the end of each financial year, an annual report for the financial year to the Ministerial Council.(2) The National Education and Care Services Freedom of Information Commissioner is required to include in the annual report a financial statement for the period to which the report relates that—(a) has been prepared in accordance with Australian Accounting Standards; and(b) has been audited by a public sector auditor (within the meaning of section 279 (6) of the Law).(3) The National Education and Care Services Freedom of Information Commissioner is required to include in the annual report a report about the performance of the Commissioner’s functions under the FOI Act during the period to which the report relates.(4) The Ministerial Council is to make arrangements for the tabling of the annual report in the Parliament of each participating jurisdiction and the Commonwealth.”.