Chile`s Supreme Audit Institution - Contraloría General de la República
Transcription
Chile`s Supreme Audit Institution - Contraloría General de la República
OECD Public Governance Reviews OECD Public Governance Reviews Chile’s Supreme Audit Institution Enhancing Strategic Agility and Public Trust Contents Executive summary Assessment and recommendations Chapter 1. Chile’s supreme audit institution Chapter 2. Supporting strategic agility and rebuilding trust in government Chapter 3. Fostering strategic agility in Chile’s Office of the Comptroller General Chapter 4. Engaging Chile’s supreme audit institution’s stakeholders throughout the audit cycle Chapter 5. The Chilean Comptroller General Office’s work in prioritising and ensuring quality of individual audits This work is published on the OECD iLibrary, which gathers all OECD books, periodicals and statistical databases. Visit www.oecd-ilibrary.org for more information. isbn 978-92-64-20687-8 42 2013 29 1 P 9HSTCQE*cagihi+ Enhancing Strategic Agility and Public Trust Consult this publication on line at http://dx.doi.org/10.1787/9789264207561-en. Chile’s Supreme Audit Institution Chapter 6. Enhancing the transparency and performance of Chile’s supreme audit institution OECD Public Governance Reviews Chile’s Supreme Audit Institution Enhancing Strategic Agility and Public Trust OECD Public Governance Reviews Chile's Supreme Audit Institution ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST This work is published on the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the OECD or of the governments of its member countries. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Please cite this publication as: OECD (2014), Chile's Supreme Audit Institution: Enhancing Strategic Agility and Public Trust, OECD Public Governance Reviews, OECD Publishing. http://dx.doi.org/10.1787/9789264207561-en ISBN 978-92-64-20687-8 (print) ISBN 978-92-64-20756-1 (PDF) Series: OECD Public Governance Reviews ISSN 2219-0406 (print) ISSN 2219-0414 (online) The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Photo credits: Cover © The Comptroller General of the Republic of Chile, by Osvaldo Cristian Rudloff Pulgar. Corrigenda to OECD publications may be found on line at: www.oecd.org/about/publishing/corrigenda.htm. © OECD 2014 You can copy, download or print OECD content for your own use, and you can include excerpts from OECD publications, databases and multimedia products in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgment of the source and copyright owner is given. All requests for public or commercial use and translation rights should be submitted to rights@oecd.org. Requests for permission to photocopy portions of this material for public or commercial use shall be addressed directly to the Copyright Clearance Center (CCC) at info@copyright.com or the Centre français d’exploitation du droit de copie (CFC) at contact@cfcopies.com. FOREWORD – 3 Foreword Governments need to rebuild trust in public institutions in light of the governance failures that contributed to the financial crisis and against a background of continuing economic and social uncertainty. Restoring trust in the ability of governments to regulate markets, manage public finances and deliver the services that citizens expect is a key element of a return to sustainable and inclusive growth. Supreme Audit Institutions (SAI) are evolving to meet the challenges and opportunities presented by the current policy environment. This requires that SAIs take an introspective review of their institutions’ own capabilities and performance, in view of broader public sector modernisation and reforms. This OECD review demonstrates how a leading SAI can continue to be a relevant source of objective and credible information and a model institution for accountability and independence in a complex policy environment. The Comptroller General of the Republic of Chile (CGR) is at the forefront of this evolution and has undertaken ambitious initiatives for institutional strengthening, capacity development, transparency and citizen participation. The CGR has introduced strategic planning, restructured its workforce and become an exemplary institution with respect to transparency within the Chilean public sector. The CGR recognises its crucial role in contributing to good public governance, and has undertaken this review to build on the momentum – to support ongoing initiatives and to maximise the positive impact of its work. The CGR has the opportunity to further strengthen its solid reputation to position itself as a leader – providing objective and credible information that is widely recognised as useful for addressing challenges to good public governance. This review recommends that the CGR reassess its audit functions within its constitutional mandate, to ensure that its work provides added value in accordance with its current strategic directions. To meet the goals outlined in the CGR’s 2013-2015 strategic plan and beyond, including enhancing the ability to respond to changes in the environment in which it works, the CGR would benefit from further developing its strategic foresight and operational agility. The CGR would similarly benefit from leveraging engagement with stakeholders across the entire audit cycle to ensure quality of its audit processes and outputs. This would foster a better understanding of the functioning, importance and relevance of the CGR work to a wider audience. This review, and its associated recommendations, was made possible through close collaboration with the CGR and consultation with stakeholders from the Legislature, the Executive, the business community and civil society. The analysis considers existing international guidance and incorporates the expertise and support of 12 peer SAIs in both OECD member and non-member countries. This review provides in-depth guidance on how to further leverage the potential of all SAIs to proactively and effectively contribute CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4 – FOREWORD to the design, implementation and evaluation of better policies, for better governance, for better lives. This review was undertaken by the OECD’s Public Governance and Territorial Development Directorate, which is a leading international source of policy solutions, data, expertise and good practice for governments and other stakeholders seeking to strengthen public policymaking in the face of unprecedented economic, social and fiscal pressures. This review will inform the development of the Directorate’s state-of-the-art comparative framework on SAIs and good governance. It contributes to the OECD’s broader effort to strengthen public governance and rebuild trust, which are important elements of the Organisation’s “New Approaches to Economic Challenges” initiative. Yves Leterme Deputy Secretary-General CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ACKNOWLEDGEMENTS – 5 Acknowledgements This Review was prepared by the Public Sector Integrity Division of the Public Governance and Territorial Development Directorate. Under the direction and editorial oversight of Paloma Baena Olabe and Mario Marcel, the report was prepared by James Sheppard with contributions from Jorge Mario Vasquez and Alison McMeekin. Jennifer Allain, Bonifacio Agapin and Sarah Michelson helped to prepare the document for publication. Valuable input was provided by senior officials from supreme audit institutions (SAIs) from selected OECD and partner countries, including Australia, Brazil, Costa Rica, Denmark, Israel, Italy, Korea, Mexico, Peru, Portugal, South Africa and Spain as well as the European Court of Auditors. These officials participated in a survey to collect information and data on their SAI’s organisation, mandate, practices and procedures against which to benchmark those of the Office of the Comptroller General of the Republic of Chile (CGR) and peer reviewed the assessment and recommendations in the chapters of this report. Many also participated in policy dialogues on good practices held on 8-9 July 2013 in Santiago, Chile. The OECD also benefited from the opportunity to discuss the methodology of the peer review with the International Organisation of Supreme Audit Institutions (INTOSAI) Capacity Building Committee’s Sub-Committee 3 on Promoting Best Practices and Quality Assurance through Voluntary Peer Reviews held on 13-14 June 2013 in Bratislava, Slovak Republic. This report has benefited from contributions from many officials in the CGR, the government of Chile and representatives from civil society, the media, business and academia, who were actively engaged throughout the various phases of the review. Special thanks and recognition for invaluable support, collaboration and commitment to the review process are extended to Ramiro Alfonso Mendoza Zúñiga (Comptroller General of the Republic of Chile), Victoria Renée Narváez Alonso (General Secretary) and Osvaldo Rudloff (Head of International Relations). In addition, thanks are extended to the members of the steering and working committees set up by the CGR to engage with the OECD and benchmark SAIs through the process, including Patricia Arriagada Villouta (Deputy Comptroller General of the Republic of Chile), Ruth Israel López (CGR Prosecutor), Victoria Renée Narváez Alonso (General Secretary), Patricio Barra Aeloiza (Head of Accounting Analysis Division), Julio Pallavicini (Head of Legal Division), Veronica Orrego (Regional Comptroller for Magallanes and Chilean Antartica) and Rodrigo Vivallo (Head of the Technical Unit for External Control), Pablo Soto (Head of Co-ordination and Studies Unit, Accounting Analysis Division), Mauricio Rojas (Management Advisor, General Secretary Division), Erick Latorre (Senior Advisor, General Comptroller Cabinet), Nicolas Cerda (Head of the Management Process Unit, Legal Division) and Karla Fernandez (Co-ordinator of Management Process Unit, General Secretary Division). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6 – ACKNOWLEDGEMENTS From the legislative branch of the government of Chile, contributions were received from a number of senators and deputies from various political parties, and independents. From the executive branch of the government of Chile, contributions were received from the Ministry of the Presidency of the Republic (Ministerio Secretaría General de la Presidencia), the Ministry of Health (Ministerio de Salud), the Ministry of Education (Ministerio de Educación), the Ministry of Cities and Urban Areas (Ministerio de Vivienda y Urbanismo), the Subsecretariat of Telecommunications (Subsecretaría de Telecomunicaciones), the Fiscal Analysis Unit (Unidad de Análisis Fiscal), the Ministry of Interior’s Subsecetariat of Regional Development and Administration (Subsecretaría de Desarrollo Regional y Administrativo), the Ministry of Interior’s National Civil Service Directorate (Dirección Nacional del Servicio Civil), the Ministry of Public Works (Ministerio de Obras Públicas), the Ministry of Finance’s Budget Directorate (Dirección de Presupuestos, Ministerio de Hacienda), the Council of General Government Internal Auditors (Consejo de Auditoría Interna General de Gobierno) and the Ministry of Justice (Ministerio de Justica). From the judiciary, contributions were received from members of the Supreme Court, the Constitutional Tribunal (Tribunal Constitucional), the State Defence Council (Consejo de Defensa del Estado) and the the Public Prosecutor (Fiscalía). The Council for Transparency (Consejo para la Transparencia) also provided inputs in the review process. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 TABLE OF CONTENTS – 7 Table of contents Acronyms .......................................................................................................................................... 15 Executive summary.......................................................................................................................... 17 Assessment and recommendations ................................................................................................. 21 Chapter 1 Chile’s supreme audit institution ...................................................................................... 41 Introduction........................................................................................................................................ 42 Leadership and organisational structure ............................................................................................ 43 Mandate, mission and functions ........................................................................................................ 47 Independence ..................................................................................................................................... 73 Conclusions........................................................................................................................................ 80 Notes .................................................................................................................................................. 82 Annex 1.A1 Comptrollers-General of the Republic of Chile, 1927-2013 .......................................... 84 Annex 1.A2 Appointment, tenure and salaries of supreme audit institutions’ leadership in Chile and selected countries ........................................................................................................................ 85 Annex 1.A3 Organisational independence of supreme audit institutions’ leadership in Chile and selected countries ............................................................................................................................... 87 Annex 1.A4 Safeguards for the removal of supreme audit leadership in Chile and selected countries ............................................................................................................................................. 88 References.......................................................................................................................................... 89 Chapter 2 Supporting strategic agility and rebuilding trust in government .................................. 93 Introduction........................................................................................................................................ 94 Modernisation of the state and its impact on the Office of the Comptroller General of the Republic ............................................................................................................................................. 95 Leveraging ex ante control of legality and ex ante audit to incentivise good governance .............. 105 Focusing ex post audit on reliability of information ........................................................................ 120 Providing added value products and counsel ................................................................................... 130 Developing products that communicate good practice identified through audit assignments as input into the development of management frameworks ............................................................ 135 Conclusions...................................................................................................................................... 138 Notes ................................................................................................................................................ 141 Annex 2.A1 Decrees and resolutions subject to toma de razón and those exempt from toma de razón by the Office of the Comptroller General of the Republic ................................................ 144 Annex 2.A2 Public sector entity and consolidated government year-end reports in Chile and selected countries ............................................................................................................................. 148 References........................................................................................................................................ 153 Chapter 3 Fostering strategic agility in Chile’s Office of the Comptroller General .................... 159 Introduction...................................................................................................................................... 160 Fostering strategic sensitivity of the evolving external environment and societal demands ........... 161 Enhancing operational agility in order to effectively respond to emerging issues and expectations ..................................................................................................................................... 178 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 8 – TABLE OF CONTENTS Conclusions...................................................................................................................................... 199 Annex 3.A1 Participation of the supreme audit institutions of Chile and selected countries in INTOSAI bodies .............................................................................................................................. 201 Annex 3.A2 Office of the Comptroller General of the Republic’s human resource management competencies.................................................................................................................................... 203 References........................................................................................................................................ 205 Chapter 4 Engaging Chile’s supreme audit institution’s stakeholders throughout the audit cycle..................................................................................................................................................... 211 Introduction...................................................................................................................................... 212 Engaging auditees to develop a constructive working relationship ................................................. 213 Engaging with internal audit to support effective and efficient audit and non-audit assignments .. 221 Communicating with stakeholders other than auditees and internal audit ....................................... 229 Consulting and facilitating participation with stakeholders other than auditees and internal audit . 240 Conclusions...................................................................................................................................... 250 Notes ................................................................................................................................................ 253 References........................................................................................................................................ 255 Chapter 5 The Chilean Comptroller General Office’s work in prioritising and ensuring the quality of individual audits......................................................................................................... 259 Introduction...................................................................................................................................... 260 Prioritising ex post audit engagements; audit programming and the audit process ......................... 260 Ensuring quality in ex post audit engagements ................................................................................ 275 Conclusions...................................................................................................................................... 291 Notes ................................................................................................................................................ 293 References........................................................................................................................................ 294 Chapter 6 Enhancing the transparency and performance of Chile’s supreme audit institution ........................................................................................................................................... 295 Introduction...................................................................................................................................... 296 Increasing transparency of institutional responsibilities and assignments ....................................... 297 Measuring performance ................................................................................................................... 314 Conclusions...................................................................................................................................... 327 Notes ................................................................................................................................................ 333 Annex 6.A1 Examples of performance goals used by the Office of the Comptroller General of the Republic ................................................................................................................................. 335 Annex 6.A2 Indicators reported in the annual report of the Office of the Comptroller General of the Republic ................................................................................................................................. 341 References........................................................................................................................................ 348 Tables Table 0.1. Table 0.2. Table 0.3. Table 1.1. Table 1.2. The interaction between topics and recommendations made in this review ................ 22 Audit of government accounts by supreme audit institutions in Chile and selected countries....................................................................................................................... 26 Multi-year workforce planning in supreme audit institutions in Chile and selected countries....................................................................................................................... 32 Location of supreme audit institution within government in Chile and selected countries....................................................................................................................... 43 Organisational model of supreme audit institutions in Chile and selected countries .. 44 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 TABLE OF CONTENTS – 9 Table 1.3. Table 1.4. Table 1.5. Table 1.6. Table 1.7. Table 1.8. Table 1.9. Table 1.10. Table 1.11. Table 1.12. Table 1.13. Table 1.14. Table 1.15. Table 1.16. Table 1.17. Table 1.A1. Table 1.A2. Table 1.A3. Table 1.A4. Table 2.1. Table 2.2. Table 2.3. Table 2.4. Table 2.5. Table 2.6. Table 2.7. Table 2.8. Existence of supreme audit institution regional/state offices in Chile and selected countries....................................................................................................................... 47 The Office of the Comptroller General of the Republic of Chile has a broad audit scope ............................................................................................................................ 53 Ex ante audit assignments by supreme audit institutions in Chile and selected countries....................................................................................................................... 55 Ex post audit assignments of supreme audit institutions in Chile and selected countries....................................................................................................................... 58 Main categories of the Office of the Comptroller General of the Republic of Chile’s ex post audits ................................................................................................... 59 Responsibility for setting public sector accounting standards in Chile and selected countries....................................................................................................................... 62 Role of supreme audit institution in setting public sector accounting standards in Chile and selected countries ........................................................................................ 63 Existence of judicial powers of supreme audit institutions in Chile and selected countries....................................................................................................................... 65 Role of supreme audit institutions in co-ordinating public sector internal audit in Chile and selected countries ........................................................................................ 67 Institutions’ arrangements for internal audit within the public administration in Chile and selected countries ........................................................................................ 68 SAIs playing a formal role in national anti-corruption strategies in Chile and selected countries ......................................................................................................... 71 Role of supreme audit institutions in the development and maintenance of public officials’ private interest (income and asset) disclosures in Chile and selected countries....................................................................................................................... 72 Role of supreme audit institution in auditing political financing in Chile and selected countries ......................................................................................................... 73 Tenure of supreme audit institutions’ leadership in Chile and selected countries ....... 76 Budget flexibility of supreme audit institutions in Chile and selected countries......... 79 Comptrollers-General of the Republic of Chile, 1927-2013 ....................................... 84 Appointment, tenure and salaries of supreme audit institutions’ leadership in Chile and selected countries ........................................................................................ 85 Organisational independence of supreme audit institutions’ leadership in Chile and selected countries ........................................................................................ 86 Safeguards for the removal of supreme audit leadership in Chile and selected countries....................................................................................................................... 87 Redesign of ex ante audit assignments in supreme audit institutions ........................ 101 Management Improvement Programme – maturity levels for internal audit without Chile’s public entities 2001-2012 ................................................................. 116 Audit of regulatory management sytems by supreme audit institutions in Chile and selected countries ...................................................................................... 118 Audit of government accounts by supreme audit institutions in Chile and selected countries ....................................................................................................... 122 Summary of central government’s financial management reporting in Chile ........... 124 Performance auditing by the supreme audit institutions in Chile and selected countries..................................................................................................................... 126 Good practice guidance by supreme audit institutions in Chile and selected countries..................................................................................................................... 135 Preliminary recommendations matrix: Supporting strategic agility and rebuilding trust in government................................................................................... 139 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 10 – TABLE OF CONTENTS Table 2.A1. Table 2.A2.1. Table 2.A2.2. Table 3.1. Table 3.2. Table 3.3. Table 3.4. Table 3.5. Table 3.6. Table 3.7. Table 3.8. Table 3.9. Table 3.10. Table 3.11. Table 3.12. Table 3.A1.1. Table 3.A1.2. Table 3.A2. Table 4.1. Table 4.2. Table 4.3. Table 4.4. Table 4.5. Table 4.6. Table 4.7. Table 4.8. Table 4.9. Decrees and resolutions subject to toma de razón and those exempt from toma de razón by theOffice of the Comptroller General of the Republic.................. 142 Public entity level year-end reports in Chile and selected countries ......................... 146 Consolidated government year-end reports in Chile and selected countries ............. 148 Strategic sensitivity for supreme audit institutions to provide oversight, insight and foresight .............................................................................................................. 162 Strategic planning by the supreme audit institutions of Chile and selected countries..................................................................................................................... 165 The vision, mission and values of the Office of the Comptroller General of the Republic ............................................................................................................... 167 Office of the Comptroller General of the Republic’s strategic objectives and strategies .................................................................................................................... 171 Key elements of standard performance budgeting frameworks in central government in Chile and selected countries (2012) ................................................... 176 Main criterion used to define the organisational structure of supreme audit institutions in Chile and selected countries................................................................ 180 Office of the Comptroller General of the Republic’s employment categories (escalafón) ................................................................................................................. 186 Budget flexibility of supreme audit institutions in Chile and selected countries....... 187 Multi-year workforce planning in supreme audit institutions in Chile and selected countries ....................................................................................................... 188 Core human resource management competencies of supreme audit institutions in Chile and selected countries .................................................................................. 192 Office of the Comptroller General of the Republic’s criteria for evaluating an official’s performance ................................................................................................ 198 Preliminary recommendations matrix: Fostering strategic agility in the supreme audit institution .......................................................................................................... 200 INTOSAI committees’ working groups and task forces............................................ 199 OLACEFS committees and commissions.................................................................. 200 Office of the Comptroller General of the Republic’s human resource management competencies ........................................................................................ 201 Communication with auditees at the beginning of an audit engagement by the supreme audit institution in Chile and selected counties ........................................... 215 Practices to support clarity of audit reporting used by supreme audit institutions in Chile and selected countries .................................................................................. 219 Existence of auditee strategies by the supreme audit institution in Chile and selected countries ....................................................................................................... 220 Periodic engagement with senior officials to discuss issues of common concern by the supreme audit institution in Chile and selected countries ............................... 221 Modes of co-ordination and co-operation between the supreme audit institution and internal audit in Chile and selected countries ..................................................... 224 Role of supreme audit institutions in co-ordinating public sector internal audit in Chile and selected countries .................................................................................. 225 Institutions’ arrangements for internal audit within the public administration in Chile and selected countries ...................................................................................... 226 Office of the Comptroller General of the Republic of Chile’s communication plan targets ................................................................................................................. 232 Permanent committees within the Chilean Congress................................................. 234 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 TABLE OF CONTENTS – 11 Table 4.10. Table 4.11. Table 4.12. Table 4.13. Table 4.14. Table 5.1. Table 5.2. Table 5.3. Table 5.4. Table 5.5. Table 5.6. Table 5.7. Table 5.8. Table 5.9. Table 5.10. Table 6.1. Table 6.2. Table 6.3. Table 6.4. Table 6.5. Table 6.6. Table 6.7. Table 6.8. Table 6.9. Table 6.10. Table 6.11. Legal basis, composition and leadership of centralised and co-ordinating (hierarchical) public financial oversight committees in Chile and selected countries..................................................................................................................... 236 Twitter accounts of government and supreme audit institutions in Chile and selected countries ....................................................................................................... 239 Executive authorities within the Chilean public administration responsible for different management systems................................................................................... 247 Management Improvement Programme – maturity levels for internal audit without Chile’s public entities 2001-2012 ................................................................. 249 Preliminary recommendations matrix: Engaging external stakeholders throughout the audit cycle ......................................................................................... 251 Processes for prioritising ex-post audit engagements in Chile and selected countries..................................................................................................................... 264 Office of the Comptroller General of the Republic of Chile’s Matrix of Relative Importance – beginning 2013 audit year ................................................................... 266 Office of the Comptroller General of the Republic of Chile’s indicators for assessing entities’ relative importance ....................................................................... 267 Office of the Comptroller General of the Republic of Chile’s audit planning risk indicators ................................................................................................................... 268 Responsibilities for external audit engagements within the Office of the Comptroller General of the Republic......................................................................... 271 Office of the Comptroller General of the Republic of Chile’s audit manuals and guidance ..................................................................................................................... 278 Levels of Codes of Conduct adopted in Chile and across selected countries ............ 284 Code of Conduct Coverage in Chile and across selected countries ........................... 286 Monitoring processes and techniques to ensure that Quality Control systems are relevant, adequate and operating effectively ............................................................. 290 Preliminary recommendations matrix: Prioritising and ensuring the quality of individual audit engagements .................................................................................... 292 Communication with auditees at the beginning of an audit engagement by the supreme audit institution in Chile and selected counties ........................................... 304 Office of the Comptroller General of the Republic of Chile’s communication plan targets ................................................................................................................. 310 Practices to support clarity of audit reporting used by supreme audit institutions in Chile and selected countries .................................................................................. 311 Twitter accounts of government and supreme audit institutions in Chile and selected countries ....................................................................................................... 312 Generic logical framework format ............................................................................. 316 Office of the Comptroller General of the Republic’s institutional goals and performance agreements ............................................................................................ 318 Office of the Comptroller General of the Republic’s strategic objectives and strategies .................................................................................................................... 319 Office of the Comptroller General of the Republic of Chile’s survey of auditees .... 321 Preliminary framework for measuring economic value of the Office of the Comptroller General of the Republic of Chile........................................................... 324 Preliminary recommendations matrix: Improving transparency and demonstrating impact................................................................................................. 328 Key performance indicators used by supreme audit institutions in Chile and selected countries ....................................................................................................... 329 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 12 – TABLE OF CONTENTS Table 6.A1. Table 6.A2.1. Table 6.A2.2. Table 6.A2.3. Table 6.A2.4. Table 6.A2.5. Examples of performance goals used by the Office of the Comptroller General of the Republic........................................................................................................... 335 Legal function, years shown where data covers multiple years ................................. 341 Audit function, years shown where data covers multiple years ................................. 343 Accounting function, years shown where data covers multiple years ....................... 345 Judicial function, years shown where data covers multiple years ............................. 345 Human resource management, years shown where data covers multiple years ........ 346 Figures Figure 1.1. Figure 1.2. Figure 1.3. Figure 1.4. Figure 1.5. Figure 1.6. Figure 2.1. Figure 2.2. Figure 2.3. Figure 2.4. Figure 2.5. Figure 2.6. Figure 2.7. Figure 2.8. Figure 3.1. Figure 3.2. Figure 3.3. Figure 3.4. Figure 3.5. Figure 3.6. Figure 3.7. Figure 3.8. Figure 3.9. Figure 4.1. Figure 4.2. Organigram of the Office of the Comptroller General of the Republic of Chile ......... 46 Scope of oversight by the Office of the Comptoller General of the Republic of Chile............................................................................................................................. 52 Ex ante control of legality conducted by the Office of the Comptroller General of the Republic............................................................................................................. 56 Office of the Comptroller General of the Republic of Chile’s ex post audit assignments .................................................................................................................. 59 Office of the Comptroller General of the Republic of Chile’s special investigations ............................................................................................................... 61 Cases entering the Office of the Comptroller General of the Republic of Chile’s Tribunal of Accounts ................................................................................................... 66 General government debt in Chile and selected countries ........................................... 96 Demographic change in Chile and selected countries ................................................. 97 Confidence in national (central) government in Chile and selected countries ............ 99 Outcome of toma de razón by the Office of the Comptroller General of the Republic of Chile ....................................................................................................... 111 Public Administration Personnel Information and Control System (SIAPER) developed by the Office of the Comptroller General of the Republic of Chile ......... 113 Chile’s timetable for budget preparation and reporting, approximation.................... 123 Time for the audited public entity and consolidated government year-end reports to be made publicly available in Chile and selected countries ...................... 125 Performance budgeting in Chile and selected countries (2013) ................................ 127 Demographic projections for Chile............................................................................ 174 Delegation of human resource management practices in central government in Chile and selected countries (2010) ........................................................................... 177 Formal and open consultation processes in regulatory decision making in Chile and selected countries (2009) .................................................................................... 177 Overall regulatory impact assessment processes in Chile and selected countries (2009) ......................................................................................................... 178 Organisation chart of the Office of the Comptroller General of the Republic of Chile........................................................................................................................... 181 Office of the Comptroller General of the Republic total staffing .............................. 184 Office of the Comptroller General of the Republic workforce restructuring ............ 184 Educational backgrounds of officials of the Office of the Comptroller General of the Republic........................................................................................................... 185 Office of the Comptroller General of the Republic’s budget appropriation .............. 187 Use of the Office of the Comptroller General of the Republic of Chile’s internal audit portal .................................................................................................... 223 Attendance by the Comptroller General in the National Congress’ permanent committees ................................................................................................................. 237 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 TABLE OF CONTENTS – 13 Figure 4.3. Figure 4.4. Figure 4.5. Figure 4.6. Figure 4.7. Figure 4.8. Figure 4.9. Figure 4.10. Figure 5.1. Figure 5.2. Figure 6.1. Figure 6.2. Figure 6.3. Figure 6.4. Figure 6.5. Figure 6.6. Figure 6.7. Office of the Comptroller General of the Republic of Chile’s website traffic .......... 238 Twitter activity of supreme audit institutions in Chile and selected countries .......... 239 Internet access and broadband connections in OECD households in Chile and selected countries ....................................................................................................... 241 Individuals using the Internet to obtain information from the public authorities’ websites in Chile and selected countries.................................................................... 241 Household Internet access by income in Chile and selected countries ...................... 242 Office of the Comptroller General of Chile’s processing of special investigations requested by members of the Congress ..................................................................... 243 Office of the Comptroller General of the Republic of Chile’s special investigations ............................................................................................................. 244 Complaints and audit suggestions received through the Office of the Comptroller General of the Republic of Chile and Citizens’ Portal (Contraloría y Cuidadano) .. 244 The Office of the Comptroller General of the Republic of Chile’s 2013 annual audit planning process ............................................................................................... 265 Stages of the Office of the Comptroller General of the Republic of Chile’s audit engagements .............................................................................................................. 270 Office of the Comptroller General of the Republic of Chile’s institutional website ....................................................................................................................... 302 Office of the Comptroller General of the Republic of Chile’s website traffic .......... 305 Index on access to information through public entity websites in Chile ................... 306 Twitter activity of supreme audit institutions in Chile and selected countries .......... 312 Internet access and broadband connections in OECD households in Chile and selected countries ....................................................................................................... 313 Individuals using the Internet to obtain information from the public authorities’ websites in Chile and selected countries.................................................................... 314 Household Internet access by income in Chile and selected countries ...................... 314 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ACRONYMS– 15 Acronyms AGSA Auditor General of South Africa AIA Integral random audit Auditorías Integrales Aleatorias ANAO Australian National Audit Office ATUS Assistance to Users Office BAI Board of Audit and Inspection (Korea) CAAT Computer assisted audit techniques CAIGG Council of Government’s General Internal Auditors Consejo de Auditoría Interna General de Gobierno CGR Comptroller General of the Republic Contraloría General de la Republica CLP Chilean pesos CODELCO State Copper Company Corporación Nacional del Cobre de Chile CSO Civil society organisation DIMP Unpredictable Demand Demanda Imprevisible DIPRES Budget Department Dirección de Presupuestos DNSC National Civil Service Directorate Dirección Nacional del Servicio Civil ECA European Court of Auditors HRM Human resource management ICT Information and Communications Technology INTOSAI International Organisation for Supreme Audit Institutions ISSAI International Standards of Supreme Audit Institutions MESICIC Follow Up Mechanism to the Implementation of the Interamerican Convention Against Corruption NAO National Audit Office (United Kingdom) NICSP International Public Sector Accounting Standards Normas Internacionales de Contabilidad del Sector Público OGP Open Government Partnership OLACEFS Latin American Organisation of Supreme Audit Institution CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 16 – ACRONYMS PET TCU Strategic Plan (Brazil) Plano Estratégico do Tribunal PFMA Public Finance Management Act PMET Metropolitan Programmes Programas Metropolitanos PMG Program for Management Improvement PNAC National audit programmes Programas nacionales PREG Regional Programmes Programas Regionales PTMO International Loan Programme Préstamo Internacionale PTRA Transversal audit programmes Programas transversales PUCE External Control Unit Priorities Prioridades de Unidades de Control Externo RIA Regulatory impact assessment SAI Supreme audit institution SEGPRES Ministry of the General Secretariat to the President of the Republic Ministerio Secretaría General de la Presidencia de Chile SERVEL Electoral Service SIAPER Public Administration Personnel Information and Control System Sistema de Información y Control del Personal de la Administración del Estado SICA Integrated System for Audit Control Sistema Integrado para el Control de Auditorías SICOGEN National General Accounting System Sistema de Contabilidad General de la Nación SIGFE State Financial Management Information System Sistema de Información para la Gestión Financiera del Estado SUBDERE Ministry of Interior’s Subsecretariat for Regional Development Subsecretaría de Desarrollo Regional y Administrativo TCU Federal Court of Accounts (Brazil) TdR Ex ante control of legality Toma de razón UTCE External control technical units UTM Monthly Tax Unit (Unit of account, updated for inflation, used in Chile for tax purposes) Unidad Tributaria Mensual CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 EXECUTIVE SUMMARY – 17 Executive summary Supreme audit institutions are a key part of the institutional framework of democratic and accountable states. Their independent oversight role can support a more strategic and forward-looking state by providing both insight and foresight of current emerging risks affecting governance. Enhancing strategic agility in government – its responsiveness and effectiveness in a complex policy environment – and rebuilding trust in government places new demands on and creates new opportunities for SAIs. They contribute to more strategic and forward-looking states not only by promoting integrity and ensuring compliance with rules and standards, but also by providing verification of the efficiency, economy and effectiveness of public resource management. SAIs’ audit findings can serve as a valuable evidence base for government accountability and as an input to decision-making processes. Leveraging these opportunities requires SAIs to assess the added value and alignment of their current products and processes, opening new ones for consideration. These form the areas of analysis that guide the assessment and recommendations for the Contraloría General de la República de Chile (CGR), the subject of this review. Reassessing the value added of its current products, coupled with the introduction of new value-added products that foster a stronger link with whole-of-government issues, would help the CGR to better support a more strategic and forward-looking state in Chile. The broad scope of the CGR’s mandate enables the institution to examine issues at a whole-of-government level, beyond individual programmes, entities or funds. The CGR’s independence and operational flexibility allows the institution to review the continued relevance of its existing assignments and explore new ones, as long as they remain within its constitutional mandate. Specifically, the review places attention on possible changes to the functional focus on ex ante control of legality (toma de razón) and the concentration of ex post audit on legal compliance. Reassessment efforts should take into account ongoing trends to enhance internal control and institutionalise performance management in order to provide incentives to further develop internal control, performance and accountability capacities in public entities. In particular, the review suggests that the CGR: Leverage ex ante control of legality to incentivise efforts by public administration to enhance risk-based internal control within public entities and to develop good management practices; Orient its ex post audit assignments to assess the reliability of financial and non-financial information reported by public entities; and Further leverage knowledge from its existing and new audit assignments in order to deliver additional value for the institution’s diverse stakeholders. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 18 – EXECUTIVE SUMMARY Enhancing strategic agility within the CGR will help to ensure its work remains relevant to policy needs. The extent to which SAIs can offer support to good governance depends, in part, on the institution’s own strategic sensitivity and operational agility, whereby trends, risks and expectations of citizens are incorporated into their strategies and regular working methods. Building on the collective commitment that CGR demonstrated in its strategic plan, the CGR could further enhance its capability to respond to contextual changes by exploring current and future trends and risks, using the wealth of information it generates, government data and consultation with stakeholders. This can foster a greater understanding of future trends and plans for the modernisation within the government of Chile. Operational agility allows allocation or reallocation of available human and financial resources to enhance the capability of an SAI to respond to emerging priorities while maintaining a high level of institutional independence. To this end, this review suggests that the CGR introduce HRM tools to build a workforce with the necessary skills required to meet the broader goals of the institution and to effectively respond to the changing economic and social environment. The CGR can leverage stakeholder engagement to increase and demonstrate the importance of SAI work and its role in supporting good governance. This review posits that past and future changes to strategic aims, and subsequently to working methods and products, must coincide with strategic engagement to ensure that reforms are relevant to governance issues and that stakeholders are made aware of its usefulness. It is recommended that information exchange, consultation and participation with stakeholders be entrenched in the audit cycle, including in the development of audit programming and in discussions surrounding challenges to good governance. The CGR has made efforts to engage stakeholders over the last six years through various inititatives and mediums, yet it is still perceived as focusing mainly on detecting errors with compliance and legality of acts. The CGR could broaden the scope of the information it provides, the methods of delivering this information and the recipient audience. In addition to sharing information, the CGR can co-operate, beyond the scope of audit work, with public institutions (including the internal audit structure in Chile) to ensure efficiency and effectiveness of its work while maintaining independence. Strengthening processes to prioritise assignments and consolidating quality control systems can help to ensure that audit work is relevant and of good quality This review suggests that the CGR exercise strategic foresight to remain at the forefront of understanding the trends affecting public entities to ensure that audit assignments are relevant to policy needs. The CGR’s six-month comprehensive planning process integrates the regional programmes, metropolitan programmes and External Control Unit priorities for the forthcoming fiscal year. The CGR can use its expanding approaches to stakeholder engagement to inform the planning process and to increase the efficiency of audit execution where the terms of audit are clear to those involved. Efficiency and quality can be further enhanced by consolidating quality control work that is currently delegated by the Comptroller General to division heads, regional comptrollers and various units created to this end. In tandem, the CGR could ensure that high standards of conduct are present, by supporting the implementation of ethical guidelines that are contained in the 2013 Code of Conduct. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 EXECUTIVE SUMMARY – 19 The CGR can enhance and demonstrate its impact through existing transparency and performance measurement initiatives. The CGR has been a leader in Chile’s national government in integrating transparency within its institution, using a variety of tools to share information about its activities, including management processes. This review encourages the CGR to go further in making information available about its audit processes, or trends and findings to foster a better understanding of the importance of its work. The CGR is looking to measure its own performance with regard to operations and assignments, which are important planks in supporting transparency and accountability when used to inform decision making, facilitate dialogue and support accountability to citizens. This review recommends ways to enhance the CGR’s performance measurement moving forward, ensuring that it is linked to the aims of its strategic plan. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 21 – ASSESSMENT AND RECOMMENDATIONS Assessment and recommendations Introduction The CGR recognises its role as contributing to good public governance and has a broad mandate to achieve this. The Constitution establishes the CGR as an autonomous government body, which has a high level of organisational and administrative independence. Within the public sector, the CGR is widely respected as a leader in proactive transparency and is recognised as a prestigious institution in which to work. The modernisation of the public sector in Chile and the changing political, economic and social environment and subsequent changes in demands, have created an opportunity to assess the value added by the different functions of the CGR. The CGR’s legal function includes ex ante control of legality, or the toma de razón (TdR). This is a function that the majority of benchmark SAIs in this study never had or no longer has. The CGR’s ex post audit function focuses on compliance with regulations, with a limited focus on economy, efficiency and effectiveness of government action. The CGR appears to interpret some of its statutory functions in a restrictive manner (e.g. performance audit). While these features make the CGR lag behind some recent innovations in public management in Chile, the CGR has initiated a process of “reform from within”. A variety of reforms include updating its processes around ICT and restructuring its workforce, for example. These can be taken even further but, of course, deeper changes in the CGR’s mandates would require legal reforms that would need broad political support. The government of Chile is now investing in building capacity to increase its strategic agility. Building strategic agility may necessitate the CGR to review and reassess its functions and assignments, within its legislative mandate, to not only support strategic agility within the government but also internally. The CGR’s own stratetgic agility will ensure that its work continues to be a relevant and reliable source of information useful in addressing challenges to sound public management. Supporting strategic agility within the government, and within the CGR, is discussed in Chapters 2 and 3 respectively. As a strategic objective, the CGR aims to build confidence in its work and to position itself as a thought leader, and not simply an inspection service. As discussed in Chapter 4, the CGR could consider changing the way in which it engages with its stakeholders; including with the legislature to ensure awareness, understanding and use of its work, and with central executive authorities to improve public management maturity models and governance arrangements. In parallel, the CGR would need to invest in improving how it prioritises and ensures the quality of its audit engagements in order to maintain relevance and confidence in its work, as discussed in Chapter 5. The interdependency of the recommendations made in this review is mapped in Table 0.1. At the strategic level, the CGR can better support good governance by adjusting its different functions to enhance the value they add to public management, by leveraging knowledge from its audit assignments and by enhancing its own strategic agility to minimize the potential trade-offs between transparency and effectiveness in the public sector. At the operational level, the CGR can work on engaging stakeholders, developing new products and providing quality assurance to demonstrate to stakeholders the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 22 – ASSESSMENT AND RECOMMENDATIONS relevance, importance and quality of its work. Ensuring that all CGR initiatives are underscored by strong performance management and transparency is critical to accountability, and is discussed in Chapter 6. Table 0.1. The interaction between topics and recommendations made in this review Externally Internally Chapter 2- the Role of CGR in Strategic agility and rebuilding trust in government • Utilise ex ante audit assignments to enhance the maturity of risk-based internal control within public entities and to develop good management practices; • Proactively support efforts to consolidate an independent, capable and efficient system of internal control in the Chilean public sector; • Utilise ex post audit assignments to enhance responsibility over the use of public resources and the reliability of information in order to increase the use of this information for accountability and decision-making processes; • Deliver value-added products, presenting findings from ex post audit work in new ways to further engage those charge with governance. Chapter 3- Strategic agility in CGR • Foster strategic sensitivity of emerging trends and risks affecting public governance and changing societal expectations as input into the CGR’s strategic planning and institutional modernisation; • Develop operational agility by using strategic human resource management in order to effectively respond to emerging governance issues and changing societal expectations. Strategic Level Chapter 6- Enhancing transparency and performance • Enhance transparency of the CGR’s responsibilities and assignments to facilitate an understanding and use of CGR work; • Enhance performance management to provide a more holistic means of discussing and measuring the CGR’s performance Chapter 4- Engaging stakeholders • Enhance engagement with audited entities in order to develop a constructive working relationship; • Enhance co-ordination and co-operation with internal audit in order to support effective and efficient audit work; • Enhance communication with stakeholders other than audited entities and internal audit; • Consult and facilitate participation with stakeholders other than audited entities and internal audit. Chapter 5- Prioritisation and quality • Prioritise ex post audit engagements and invest in developing knowledge of audited entities to ensure relevance of audit priorities; • Ensure that the terms of audit are clearly established and communicated to ensure understanding by auditors and audited entities; • Consolidate quality control and monitoring processes for quality assurance; • Support the implementation of the Code of Conduct to ensure conduct is beyond reproach and promotes trust and confidence. Operational Level Strategic Level A modern and effective SAI does not limit itself to auditing, and a purely retrospective identification of deficiencies is insufficient for an SAI to support good public governance – let alone to support strategic agility and rebuild trust in government. Strategic agility has been recognised by OECD countries, including Chile, as an important CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 23 way of supporting inclusive and sustainable development and rebuilding trust (OECD, 2013b). This encompasses the strategic sensitivity, resource flexibility and collective commitment that enables the public sector to be responsive to and effective in a complex policy environment with changing demands. The current complex policy environment presents an opportunity for the CGR to reassess its audit functions, within its legal mandate, to (i) seize the opportunity to support the strategic agility of the state; and (ii) to ensure its own strategic agility so as to effectively respond to the demands that past and current changes to the public sector place on the CGR, and to anticipate and be prepared for changing societal demands moving forward. An SAI needs not limit itself to the one-time submission of an audit report to the audited entity or to those charged with governance. For maximum effect, an SAI can use audit findings as a resource to inform discussion and debate on good public governance (UN/INTOSAI, 2013). Chapter 2 discusses various approaches that the CGR can take to provide incentives to, to put the onus on, and to support government in fostering agility in various ways. This includes, for example, through stronger risk management and internal control, responsibility in information generation and using root cause analysis and reliable information as inputs to decision making processes. Chapter 3 suggests that the CGR can foster its own agility and responsiveness to emerging trends and risks by building the capability to better understand current and future trends in Chile and elsewhere for comparative purposes. Moreover, the CGR could enhance its operational agility so as to redeploy resources in line with the demands presented by these trends and risks. Supporting strategic agility and rebuilding trust in government Utilise ex ante audit assignments to enhance the maturity of risk-based internal control within public entities and to foster good management practices The INTOSAI “Lima Declaration of Guidelines on Auditing Precepts” defines ex ante audit- or a priori or pre-audit – as a “before the fact” review of administrative or financial activities. Generally speaking, administrative and financial acts may not be executed by an administration until after the ex ante audit is completed and the SAI gives authorisation. The Lima Declaration notes that ex ante audits can have an educational effect and lead to positive changes in administrative functioning. However, it may have the disadvantage of creating an excessive amount of work and blurring responsibilities. The Lima Declaration is explicit that ex ante audit may be carried out by institutions other than the SAI. The majority of benchmark SAIs in this study have never held the ex ante function. Of the four benchmark SAIs that had an ex ante audit function around 1990, two have significantly reduced the scope of such audits since. Where ex ante existed, there has been a shift towards ex post, with a greater focus on functioning of internal controls and performance (Ruffner and Sevilla, 2004). The CGR’s ex ante control of legality - the toma de razón (TdR) – has long been a core element of the CGR’s portfolio with roots dating back to the 19 th century. It is still seen by the CGR as an important control for the preservation of law. The CGR’s authority to record and perform TdR administrative acts is established in the Constitution, but the CGR Organic Law gives the institution much discretion over the process. The CGR may CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 24 – ASSESSMENT AND RECOMMENDATIONS exempt administrative acts other than those issued by the President of the Republic from TdR. Between 2008 and 2011, the CGR conducted, on average, approximately 275 000 TdR of administrative acts. The majority were approved, with a rejection rate of 5% for administrative acts related to state personnel and 8% for administrative acts addressing matters other than human resource management, public procurement or public debt between 2008 and 2012. The CGR is required to notify the Ministry of the General Secretariat of the Presidency (SEGPRES) of all administrative acts that have been rejected. Formally, the SEGPRES channels this information to the relevant public entity to be recorded in the official’s record so that appropriate disciplinary measures can be taken where appropriate, but SEGPRES does not have a role in overseeing and guiding these legal units. This raises concern over the ability to systematically address errors in administrative acts, particularly since the CGR does not provide the administration with structured information on recurring issues identified through the TdR process. Thus, although the CGR reviews a broad number of administrative acts, there is no systematic way to conclude what the recurring challenges are and what the root causes may be. The broad application of TdR may undermine incentives for the heads of public entities to strengthen their internal control frameworks as a key management system. Heads of public entities and other public officials may choose to rely on the CGR to review the legality of their administrative acts ex ante, rather than investing in the development of strong, independent internal control mechanisms that could reliably fulfil the purpose to respect and conform to Chile’s legal system. Alternatively, public entities may pay excessive attention to the acts that will be subject to TdR, thereby duplicating efforts and incurring an opportunity cost in the use of internal control units. TdR may also create a substantial opportunity cost for the CGR to conduct other audit assignments that could contribute further to strategic agility in the public administration. The sheer number of administrative acts subject to TdR crowds out capacity within the CGR to work on other ex post audit assignments. Moreover, the competencies necessary for conducting TdR are different to those necessary for ex post audit assignments, creating internal rigidities. In recent years, CGR has taken a number of actions to enhance timeliness and consistency in the way it conducts ex ante audit. Through its Public Administration Personnel Information and Control System (SIAPER), the CGR’s automation has contributed to improving internal management. For example, it has improved its processing time for administrative acts related to human resources management, from an average of 18.3 working days in 2010 to an average of 13.9 in 2011. These efforts can be complemented by reassigning the ex ante function vis-a-vis: i) ongoing efforts to modernise the public administration, including trends to enhance internal control and institutionalise performance management; and ii) potential risks associated with a broad application of the TdR. The CGR could consider: Integrating the automation of the CGR’s ex ante audit assignments with government management ICT systems in order to enhance internal control and reduce administrative burden within government. In 2013, the CGR launched a TdR module in SIAPER – SIAPER TRA – which will start operating with 20 public services in the first quarter of 2014 and, later, with allow for interoperability with information systems from the judiciary, University of Chile, the Ministry of Education, the Ministry of Foreign Affairs and the Civil Registry. While SIAPER (and its related modules) was conceived to support integration of CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 25 data across systems, it primarily supports CGR work and not the public entities in improving their management practices and related internal controls. To this end, the CGR can take steps to further integrate SIAPER TRA with government ICT systems, with the intention of enhancing internal control and reducing administrative burden in addition to supporting a more timely and consistent ex ante control of legality. Further utilising exemptions to the CGR’s ex ante audit assignments in order to incentivise sustained improvement in decision making and internal control within individual public entities. The CGR Organic Law grants the Comptroller General authority to exempt administrative acts related to matters considered “nonessential”. Only administrative acts issued by the President of the Republic may not be exempt from TdR. All exemptions are regulated by CGR Resolution 1 600/2008, stipulating that exemptions are valid for a period of one year and that public entities are permitted to request specific acts to be exempt from TdR. However, due to a lack of communication in this regard and little incentive to request exemption, no public entity has requested an exemption as permissible under the 2008 Resolution. Exemptions could serve as a certification of a public entity’s legal, budgetary, and human resource management controls and systems, or to signal “graduation” from TdR. A “graduation” from the TdR provides incentive to make improvements across the public administration. Similarly, a sanction for neglecting internal control and return to TdR could help to ensure that management is accountable for maintaining these controls. Using exemptions in this way would require the CGR to establish clear criteria to be formulated for the assessment of public entities’ management controls and systems. Reallocating capacity to undertake ex post audits of decision-making systems, regulatory management practices and internal control within public entities and across the government. Redesigning ex ante audits would allow the CGR to invest additional resources in new forms of ex post audit assignments – including performance auditing and quality of regulatory management – that would shift the onus onto managers to implement effective internal control and risk management practices. These initiatives can help the CGR to focus its audit assignments on the well-functioning of government systems and to more systematically understand recurring problems and associated root causes. In doing so, the CGR would shift more responsibility onto, and provide incentives for, public managers to strengthen decision making, internal control and the maturity of their management systems, thereby supporting a more strategic and agile state. Proactively support efforts to consolidate an independent, capable and efficient system of internal control in the Chilean public sector The consolidation of the TdR has responded, in part, to weaknesses in the overall control system in Chile, including: i) the absence of independent administrative courts; ii) the absence of a legal mandate for the function of internal audit/internal control; and iii) concerns over the independence and professionalisation of internal audit units and legal units. Yet Chile could converge further towards international standards in internal audit and control in order to foster a stronger institutional control framework that can provide better guidance and capacity for improving strategic agility. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 26 – ASSESSMENT AND RECOMMENDATIONS The CGR can support efforts to modernise the public administration, including trends to enhance internal control and institutionalise performance management, by realigning ex ante audits as previously discussed. Additionally, the CGR could consider conducting assessments of strengths and weaknesses, and of challenges and opportunities of existing mechanisms, including internal control and legal units, and promoting policy discussion to facilitate decision making. The CGR could provide guidance and support for the professionalisation and capacity building of internal control, taking into account the Institute of Internal Auditor’s International Standards for the Professional Practice of Internal Auditing. Finally, the CGR could consider providing public entities with structured information on recurring issues by type of administrative act or public entity identified through the TdR process in order to identify ways of improving administrative decision making. Strategically utilise ex post audit assignments to enhance responsibility over the use of public resources and the reliability of information generated and reported by public entities to enhance the use of this information for accountability and decision-making processes International Standards of Supreme Audit Institutions (ISSAI) define three general types of public sector auditing: financial, compliance and performance. The CGR’s ex post audit assignments focus primarily on compliance with legal standards in order to safeguard public funds and promote administrative integrity. While the ex post audit assignments focus on identification of errors and deficiencies, they do not go so far as to identify the root causes of those issues. Through these ex post audit assignments the CGR seeks to assess public entities’ internal control, operations and the completeness of financial records and supporting documentation. The CGR does not audit the end of year financial statement of individual public entities or the government more broadly.1 Rather, unlike most benchmark SAIs in this study, the CGR consolidates the general government financial statements (Table 0.2). Table 0.2. Audit of government accounts by supreme audit institutions in Chile and selected countries Year-end accounts of individual public sector entities Consolidated government yearend accounts Australia ● ● Brazil ● ● Chile o o Denmark ● o European Court of Auditors ● ● Israel o o Italy ● o Korea ● ● Mexico ● ● Portugal ● ● South Africa ● ● Spain ● ● Country Notes: ● = Yes; o = No; .. = Missing data. Source: See Annex 2.A2. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 27 The CGR does not formally conduct performance audits making it, again, an outlier in comparison to benchmark SAIs. The CGR refers to the institution’s Organic Law that states that it may not audit the “merit” of political or administrative decisions (Law 10 336, Art. 21b), and reports that evaluating the performance of the administration is the exclusive responsibility of the Ministry of Finance’s Budget Directorate (DIPRES). However, issues of the economy, efficiency and effectiveness (matters that INTOSAI considers to be a part of performance audit) may be addressed in individual ex post compliance audit assignments. Efforts to support a more strategic and agile state will be maximised if ex ante realignment is coupled with leveraging a variety of ex post controls to enhance responsibility over, and the reliability of, information. To this end, the CGR could consider: Introducing an audit of the reliability of annual financial statements to increase usability of government accounts, linking the process to the annual budget cycle. A financial audit is an independent examination of the financial accounting and reporting of public entities intended to support government accountability and decision making. The purpose of an audit of financial statements is to enhance the degree of confidence of intended users in the financial statements. The CGR does not audit any element of the government’s financial reporting framework. Neither the annual reports nor the comprehensive management reports issued by individual public entities include financial statements. The CGR can help to ensure that information used in accountability and decision making processes is reliable, by introducing financial audits that are linked to the budget process. This would require that the CGR audit end of year financial statements within 5 months of the end of the fiscal year, to allow completion before public entities begin preparing their annual budget proposals. The OECD’s “Best Practices for Budget Transparency” suggest an average of 6 months, yet 60% of benchmark SAIs conducting audits of end of year accounts successfully complete them in less. Introducing an audit of the reliability of non-financial performance indicators that underpin programme management and accountability. INTOSAI (2013c) defines performance audit as an independent, objective and reliable examination of whether government undertakings, programmes, systems, activities or organisations are performing in accordance with the principles of economy, efficiency and effectiveness and whether there is room for improvement. DIPRES has an advanced system for evaluating government performance, which is comprised of impact evaluations, programme evaluations and institutional evaluations. With coverage increasing over time, DIPRES does no have the responsibility nor the capacity to examine the quality of the information that underpins these evaluations nor the 1 200 performance indicators that are defined within the central administration. The comprehensive system is contingent on reliable and timely non-financial performance information provided by individual public entities. Internal audit units within these entities may provide reasonable assurance of this information, but this is by no means guaranteed. Thus the CGR could consider auditing the reliability of non-financial performance information. This could focus on confirming its reliability, and is often considered an integral part of the audit of the end of year reports/financial statements. In formulating guidance, the CGR could take into account the Institute of Internal Auditor’s International Standards for the Professional Practice of Internal Auditing. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 28 – ASSESSMENT AND RECOMMENDATIONS Developing a programme of ex post audit assignments to address whole-ofgovernment issues linked to strategic agility. In recent years the CGR has been changing its ex post compliance audit assignments to provide a more holistic approach of public entities and government programmes. National audits, established in 2008, focus on the same subject within a single central public entity that has activities throughout the entire country. Transversal audits focus on the same subject across a range of centralised and decentralised entities that share a common hierarchical or financial dependence with the same central public entity. A 2010 audit of compliance of municipal internal audit units with regulatory requirements across all 345 municipalities not only identified legal requirements, but included an analysis of improvement needs and recommendations to be taken into account by the government and Congress. This type of comprehensive and cross-cutting ex post audit could be replicated and expanded by examining other whole-of-government issues linked to strategic agility. These may include the maturity of risk engagement or the level of central government capacity to define and measure benefits of entities, to link a strong evidence base to long-term planning or to identify opportunities service and programme delivery integration. Through these efforts the CGR can help to enhance the reliability of information generated and reported by public entities as inputs into accountability and decision making processes. CGR can help to focus the attention of the legislature and citizens on the content and reliability of information that government actually produces, further bolstering accountability mechanisms. Deliver value-added products, presenting findings from ex post audit work in new ways to further engage those charged with governance Through its work, the CGR produces thousands of audits on an annual basis. A key challenge that CGR faces is how to communicate audit findings in such a way that they are elevated to the attention of government authorities, public officials and the general public. CGR stakeholders within the executive and legislature, as well as representatives of civil society and the media, find it difficult to articulate what main issues the CGR has raised about specific public entities, government sectors and/or management functions. The CGR has a limited set of instruments to communicate common findings, trends and root causes drawn from individual audits. The CGR’s annual report does not provide a combined analysis of its individual audit assignments, and in the few cases when such analysis is performed it serves more as input into the institution’s annual audit planning rather than to external communications or processes. A number of recent developments within the CGR indicate that the institution may be changing in this regard. The CGR has begun to produce value-added products drawing upon legal and accounting functions, and creating summary reports in the areas of health and education. The CGR can accelerate its initiative to create new value added products by capitalising on the opportunities presented by both the impetus to support a more strategic and agile state and also by any changes to ex ante control of legality and ex post audit programmes as suggested in this review. The CGR could consider developing products that combine the findings of different audit assignments and communicate a broader understanding of issues in specific public entities, government sectors or management functions. Elevating recurring and systematic challenges affecting public administration to the attention of public managers empowers CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 29 them to learn from within the public administration. Care could be taken to develop a clear framework for the identification and analysis of trends and not simply an ad hoc presentation of highlights from the previous year. In view of Web 2.0 technologies that make information more accessible to all, the CGR could consider enabling components of reports to be downloaded individually, or by stakeholders using the data to generate their own reports. An example in this direction could be the implementation of web-based system being considered by the CGR that shows observations pending action by audited entity. In 2011 the CGR began producing studies using accounting information. In 2013 the CGR began to prepare summary reports of actions already taken and pending to address audit observations by government sector. The CGR could consider coupling these new approaches and products to deliver a holistic tool based on cross-cutting evidence. More specifically, the CGR could consider complementing information from its different audit assignments with its other knowledge bases, such as accounting analysis, with a combined analysis of common findings, trends and root causes at a whole-of-government or sectoral level and, further, with the status of actions by government to address past audit findings. The CGR might also consider identifying and presenting combined findings in its annual report, which is presented to the President of the Republic and the National Congress in April every year. Similarly important is to acknowledge good practice. The CGR could consider developing products that communicate good practice identified through audit assignments, as input into the development of management frameworks in the public sector. Such an approach could help to recognise good practices within one public entity and to promulgate them among other public entities as a basis for supporting mutual learning. The CGR has begun to provide guidance on specific matters, though it has focused on clarifying legal frameworks and on issues considered more complex and challenging. As the guidance was based on the CGR’s legal function, the CGR can build on these efforts by complementing them with findings of audit assignments. Further, the CGR could use this information to provide expert opinion to refine the administration’s management maturity models discussed earlier. Fostering strategic agility in the CGR The CGR’s own strategic agility is necessary not only to support operations within the public sector but also to respond to the demands presented by past and current changes to the public sector and, moreover, to anticipate and support future changes. This requires that the CGR invests in becoming more sensitive to emerging trends and risks affecting public governance and changing societal expectations and that they develop the operational agility and redeploy resources to do so. Foster sensitivity of emerging trends and risks affecting public governance and changing societal expectations as input into the CGR’s strategic planning and institutional modernisation The CGR’s current strategic plan, spanning from 2013 to 2015, was the outcome of a new strategic planning process. This supported a collective commitment – a third component of strategic agility – to the modernisation of the institution and the achievement of its future vision. In addition to the CGR, eight benchmark SAIs have introduced strategic planning while four have yet to do so. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 30 – ASSESSMENT AND RECOMMENDATIONS The CGR’s strategic planning puts attention on changes in the environment in which it operates and its ability to respond to them. The formulation of the strategic plan placed significant emphasis on building not only ownership of senior and middle management (equipo directivo) but also broad participation of professionals (funcionarios). Yet the process was largely informed by an assessment of internal capacity against international good practices. Planning can be further strengthened if the CGR acquires a better understanding of how the external environment impacts its operations in the medium and long term. To this end the CGR could consider exploring current trends and risks affecting public governance by using the information and data generated through its own audit process. Recent reforms within the CGR also support the potential utilisation of this information. This could include, for example, the CGR matrix of relative importance and risk indicators used to prioritise annual audit planning, or the recording, monitoring and follow up of audit observations identified through audit implementation. Strategic sensitivity also requires an awareness and understanding of future plans for the modernisation of government so that the CGR can seek to understand the expected impact on the public sector and good governance. To foster this understanding, the CGR could consider drawing upon the results of various horizon scanning activities, in which the government of Chile is beginning to invest. Horizon scanning is a policy tool that systematically gathers a broad range of information about trends and emerging issues in the political, economic, social, technological or ecological environment. Horizon scanning is part of a variety of so-called foresight activities that aim to develop the capabilities of organisations to deal better with an uncertain and complex future (Habegger, 2009). The CGR could also tap into a broad range of knowledge bases and sources of information about trends and emerging issues that could affect the government in Chile. This could include deepening political knowledge from the experience and analysis of political parties; research and technical knowledge from universities, and research and technical institutions; professional and practical knowledge from professional and managerial communities; and knowledge about the general public obtained by engaging with citizens, businesses and civil society organisations. International norms can be a useful source of information for the CGR in comparing government systems and approaches to addressing challenges to governance within those systems. Moreover, the CGR could also consider how decision-making practices may change if the government of Chile converges with international norms. This knowledge could bring opportunities for new dialogue, through new interactions or through existing channels including INTOSAI’s regional body, OLACEFS (Latin American Organisation of Supreme Audit Institution), in which the CGR is an active member. Use strategic human resource management in order to effectively respond to emerging governance issues and changing societal expectations Fostering operational agility is key to ensuring that the CGR can effectively respond to emerging governance issues and changing societal expectations. Operational agility involves the ability to make the most of existing resources, including redeployment of resources as needed, and requires coherent adaptability to ensure that redeployment does not generate internal vacuums, risks or inconsistencies in light of the different functions performed by the organisation. Operational agility is a product of SAI independence – specifically administrative dimensions – and its human resource management practices. Administrative independence requires that SAIs be provided with adequate means to fulfil their mandate and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 31 accomplish their assignments, using their resources as they see fit (INTOSAI, 1977; 2010). The Comptroller General has significant administrative independence to reallocate resources in line with the institution’s changing needs. This has allowed the CGR to undertake a reorganisation of a number of its central divisions, and to standardise the structure of its regional offices to increase the performance, efficiency and timeliness of its functions in recent years. Furthermore, it has allowed the CGR to restructure its workforce to support institutional renewal and professionalization. These reforms have reinforced the principles of merit and impartiality in recruitment, promotion and performance management. It should be noted however, that the CGR falls under the same human resource management legal framework and practices as the rest of the public administration. In order to enhance operational agility to emerging governance issues and changing societal expectations, the CGR could consider introducing multi-year workforce planning to strengthen and complement recent institutional reforms to restructure the workforce. This is a trend among governments in OECD countries to ensure capacity for service delivery while generating efficiency gains (Huerta Melchor, 2013; OECD, 2013b). As shown in Table 0.3, 10 benchmark SAIs have multi-year workforce planning, making Chile and Italy outliers. Coupling multi-year workforce planning with human resource management (HRM) reforms would enable the CGR to identify gaps in knowledge and skills required to address current and emerging issues. This would also permit the CGR can come to systematically prepare itself to better redeploy resources as necessitated by those issues and societal demands. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 32 – ASSESSMENT AND RECOMMENDATIONS Table 0.3. Multi-year workforce planning in supreme audit institutions in Chile and selected countries Country Australia Brazil Chile Costa Rica Denmark European Court of Auditors Israel Is forward-looking planning in place to ensure that the supreme audit institution has an adequate workforce to deliver its mission and achieve its vision? Formal Ad hoc None and regular How many years are covered by the supreme audit institution’s workforce planning? 2-3 years ● 4-5 years ● ● ● ● x .. 2-3 years 2-3 years ● 2-3 years ● Italy Korea ● x 4-5 years ● Portugal South Africa Spain 2-3 years ● ● 4-5 years 3-5 years ● What are the key aspects explicitly considered by the supreme audit institution when conducting workforce planning? People-related investment choices and associated strategies Change in audit standards, efficiency savings x Changes in institutional mandate, changes in audit standards, possible efficiency savings Efficiency savings, reorganisation Possibilities for outsourcing, efficiency savings, staffing needs and turnover Possibilities for outsourcing in the case of information and communication technology services only x Change of auditees, that is, the operation, personnel, mission, work of the auditees; change of society, public administration and people’s expectations Possibilities for outsourcing, efficiency savings (e.g. e-government) Changes in institutional mandate; changes in audit standards; possibilities for outsourcing; availability of skills Staff turnover, changes in public administration (and impact on audit work) Notes: x = Not applicable; .. = data not available. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 35-37. To enhance operational agility the CGR may also consider establishing a competency framework for all officials in order to support the achievement of institutional goals. The CGR can expand its focus beyond defining job descriptions to the competencies it wishes its officials to develop. This could take into account the development of competencies that foster greater horizontal co-operation across various units and regional offices and take into account mobility- to give officials a wider, whole-of-government perspective on governance challenges. The CGR could consider utilising traditional HRM practices to support the development of these competencies and to encourage internal horizontal co-operation. In 2013 the CGR’s Training Department issued a Training Needs Assessment survey to CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 33 collect information on the training needs of all officials. The CGR could use needs assessments and traditional training as inputs into the development of competencies so that they reflect the needs of the institution. Currently, recruitment and training decisions are largely decentralised within each of its central units and regional offices. This makes it challenging for effective implementation of an institution-wide workforce plan. Thus the CGR could benefit from consolidating human resource management practices across the institution and ensure greater complementarities between recruitment, career development and compensation. Moreover, the CGR can develop competencies with career advancement in mind, building on their current exploration into how to build a more structured approach to attracting and retaining employees. This medium and long term foresight is necessary to ensure that employees meeting the newly required competencies are both attracted to the position and see the value of remaining in the institution. Already, the CGR is recognised as an attractive institution to work in given its opportunities for continuous professional development and high remuneration relative to the public administration (e.g. World Bank/Inter-American Development Bank, 2005; OAS, 2007). The CGR is further exploring how to develop a more structured approach to a reward system that would further enhance its ability to attract and retain employees. To bolster the compensation system and, more generally, to develop the right incentives such that agility can be realised, the CGR could consider aligning performance assessment at all levels within the institution to the goals contained in the strategic and human resource plans. Currently, there exists a disconnect between budget formulation and the performance evaluation process. This causes disincentives to formulate more ambitious goals because additional resources will not be made available. While no individual bonuses exist, CGR divisions and regional offices rarely fail to achieve their performance goals and, thus, their team bonus. Operational Level While the CGR’s mandate allows for the institution to examine issues at a whole-ofgovernment level, and the CGR’s strategic plan sees it evolving as a source of independent, credible and objective information, there remains the perception that the CGR’s audit work is primarily focused on inspection and investigation of compliance. The CGR has made a concerted effort in the last 6 years to improve its engagement with its variety of stakeholders, including internal control officials, auditees, the judiciary, the media and citizens. Initiatives have been undertaken to standardise interactions and acquire feedback on ways to improve the quality of audit engagements. Yet the CGR needs to demonstrate the relevance and quality of its work to its stakeholders, to align perceptions of its work with its strategic aims, and to foster stakeholders’ understanding of CGR independent and objective source of information. At the operational level, the CGR should continue to invest in improving the prioritisation and quality of audits, and enhance engagement with stakeholders, in order to ensure the relevance, quality and timeliness of its work, and to build confidence in it. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 34 – ASSESSMENT AND RECOMMENDATIONS Engaging stakeholders throughout the audit cycle Enhance engagement with auditees in order to develop a constructive working relationship Although the CGR has taken steps towards improving interactions with auditees, feedback has shown that auditees still view the engagements as primarily focused on inspection and investigation of compliance rather than as a source of independent and objective information. This may be due, in part, to an insufficient amount of information for the auditee to better understand the individual audit engagement, and to a lack of engagement with auditees beyond the individual audit engagement. The CGR can leverage engagement with auditees to help mitigate perceptions that the CGR is only seeking to identify non-compliance and error, and to increase awareness and understanding of- and confidence in - its working methods. Regarding the individual audit engagement, the CGR could notify auditees in advance of the initiation of audit, as well as to broaden the scope of information communicated with auditees in the beginning of the audit. Furthermore, the CGR could formulate auditee strategies to broaden engagement with auditees beyond the individual audit engagement itself. It is recommended that the CGR engage auditees to formulate materials that clearly communicate the CGR’s standards, processes and methods, and to review audit reporting guidance. The anticipated impact is an increase in clarity and useability of audit reports for auditees, based on their direct feedback, and to open up a productive dialogue on weaknesses in internal control and other issues or risks surrounding good public governance generally. Enhance co-ordination and co-operation with internal audit units in order to support effective and efficient audit work The CGR has sought to enhance the working practices of internal audit units, which has been supported by the creation of an online Portal for Internal Audit Units (Portal para las Unidades de Auditoría o Control Interno). However, the CGR’s guidance and tools for the internal audit units overlap and sometimes differs from that provided by the Council of Government’s General Internal Auditors (CAIGG). The CGR’s engagement with internal audit units is constrained by concerns over the independence of internal audit units. Overlaps and constraints can either be attributed to, or compounded by, a number of present challenges. The CGR does not share information on its annual audit programme with audited entities’ internal audit units, or vice versa, as this is considered as sharing privileged information. The CGR does not meet individually with audited entities’ internal audit units to develop a shared understanding of the public entity and the programmes and funds that they audit. However, the CGR and audited entities’ internal audit units do share audit reports with one another outside of individual audit engagements. The CGR could consider communicating information about annual audit programmes with audited entities’ internal audit units, and other periodic information throughout the calendar year. Information could also be shared during regular meetings with the internal audit units to discuss issues that concern both parties. These efforts could be further supported with procedures for sharing information more efficiently and systematically including improved protocols to transmit audit reports. To address risks of conflicting guidance for audited entities’ internal audit units from the CGR and CAIGG, the CGR CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 35 could develop common training programmes and training materials for audited entities’ internal audit units, in collaboration with the Council. This knowledge-exchange would enable public sector auditors to enhance their mutual ability to promote good governance and accountability while fostering a greater understanding of the importance of internal control among management. A more informed dialogue on mutual risks and relatable findings can also lead to more focused, and thus efficient, audit engagements with more useful recommendations. Thus, in addition to strengthening knowledge of public sector auditors and internal control in the public sector, co-ordinated activity can additionally have a positive impact on respective audit programmes. Enhance communication with stakeholders other than auditees and internal audit The CGR has demonstrated the importance of and its interest in engaging with stakeholders other than internal control and audited entities. The CGR has sought to strengthen institutional co-operation with the criminal justice system, signing memorandums of agreement with the Supreme Court, the Constitutional Tribunal, the Public Prosecutor and the State Defence Council. The CGR developed a communication plan to strengthen corporate positioning among external audiences, and has established new procedures for stakeholders to make complaints and audit suggestions online. The CGR has placed a strong focus on engaging media and citizens online, through its website and social media. Many opportunities exist for the CGR to broaden its engagement with its stakeholders without undermining its real or perceived level of independence and autonomy. The CGR does not have a communication strategy that is linked the annual audit programme. The CGR has not developed a clear and detailed understanding of the institution’s primary, secondary and other audiences and what their interactions are with audit work and reports. This might help to explain, in part, an unbalanced communications focus, geared more towards communication activities with national media outlets and citizens and less on the National Congress and Municipal councils. It is recommended that the CGR link its communication strategy to annual audit programming, balancing the attention allotted to different public entities. As part of a rebalance, it could place specific attention on how to engage the Congress, its commissions and the country’s municipal councils. As is the case in other benchmark countries in this study, emphasis has been placed on communicating through website and social media accounts. The CGR could take specific measures to overcome barriers and constraints that are presented by the country’s digital divide, to allow primary, secondary and other stakeholders to access relevant information and enhance their understanding of CGR work. Facilitate participation with stakeholders other than auditees and internal audit In addition to sharing information and enhancing clarity and frequency of communication, the CGR could consider facilitating participation and consultation with stakeholders other than auditees and internal audit. The CGR has sought to strengthen institutional co-operation with the criminal justice system, has formulated guidelines to improve timeliness of processing requests from Congress and has made great efforts to engage citizens through social media. The CGR has focused limited attention on co-operating with the legislature and central executive authorities. The CGR has limited opportunities to engage key executive authorities in discussions about main challenges facing good public governance and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 36 – ASSESSMENT AND RECOMMENDATIONS management maturity models. Registration of audit complaints and audit topics is limited, and there exists no systematic way to understand the challenges and risks affecting audited entities, programmes and funds. To broaden CGR’s understanding of challenges facing good governance and risks affecting audited entities, the CGR could consult stakeholders while maintaining independence. This can be done throughout the audit cycle, including during the design of audit criteria and the evaluation of audit reports. Prioritising and ensuring the quality of individual audit engagements Prioritise ex post audit engagements and invest in developing knowledge of audited entities to ensure relevance of audit priorities The CGR uses a comprehensive 6 month audit programming process to prioritise its audit engagements for the following fiscal year. The final regional and metropolitan programmes are derived from a weighting of a Matrix of Relative Importance and Planning Units’ Risk Indicators. Individual audit engagements are guided by a standardised process through planning, execution and closure. Audit planning of individual engagements requires consolidation of information about the audited entities, prepared by external control technical units – units that conduct individual ex post audits – and external sources. To ensure that audit priorities remain relevant to a whole-of-government approach, the CGR could continue to invest in developing knowledge of audited entities and programmes both during audit programming and throughout the audit process itself, in accordance with INTOSAI’s “Fundamental Principles of Public Sector Auditing”. In addition to engaging with audited entities, internal control and other stakeholders, the CGR could request from audited entities specific information, such as organisational charts and tenure of senior management. To further ensure that audit priorities remain relevant to a whole-of-government approach, the CGR could ensure that terms of audit – namely the objectives, methodology and criteria for assessment - have been clearly established and communicated. Clear establishment of terms of audit helps to ensure that auditors have a strong understanding of the objectives, operations, regulatory environment, internal controls, systems and business processes involved in the audit, as well as a knowledge of additional sources of audit evidence. Communicating clearly established objectives, methodologies and assessment criteria, would help auditees to better understand the purpose and process of the audit, thereby serving as a basis for more efficient execution and quality control of it. Ensure quality in ex post audit engagements The CGR has taken steps to ensure quality both in the execution and output of audit work. INTOSAI (2010) “Quality Control for SAIs” states that an SAI should establish policies and prcoesures designed to provide it with reasonable assurance that the SAI, including all personnel and any parties contracted to carry out work for the SAI, comply with relevant ethics requirements”. The CGR published its first Code of Conduct in July 2013 in order to establish a framework to guide the behaviour of its officials. The CGR’s Code of Conduct covers many of the fundamental ethical principles as outlined by INTOSAI’s “Code of Ethics” (INTOSAI, 1998). Attention has yet to focus on supporting the implementation of the code to ensure its integration into the daily conduct of CGR officials. The CGR could support the implementation of the ethical guidelines through training and inclusion in audit guidelines. Furthermore, it could evaluate this integration CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 37 by assisting the knowledge received by participants in the training and identifying ways to improve it, moving forward. The Comptroller General has established a number of units and divisions to support quality assurance of audit and non-audit work. External control technical units, audit follow-up units, management process units, the legal co-ordination and information division and the General Secretariat divisions focusing on internal management form the quality control system within the CGR. The CGR could consolidate and strengthen its monitoring processes related to quality control to provide management with reasonable assurance that the system and its related processes and procedures are relevant, adequate and operating effectively. To this end, the CGR could expand surveying of stakeholders, establish a peer review system focusing on quality of work, or strengthen complaint channels. These can be useful sources of information to help identify weaknesses in audit execution and output, and to identify areas of successful implementation of ethical and quality standards, thereby supporting the work of the units and divisions. Putting it all together: the cross-cutting supporting framework INTOSAI (2010a) “Principles of Transparency and Accountability” state that SAIs should manage their operations economically, efficiently, effectively and in accordance with laws and regulations and report publicly on these matters (Principle 6). In so doing, SAIs should: report publicly on these matters; assess and report on their operations and performance in all areas, such as financial audit, compliance audit, jurisdictional activities, performance audit, programme evaluation and conclusions regarding government activities; measure and report on the efficiency and effectiveness with which they use their funds; use performance indicators to assess the value of audit work for the legislature, citizens and other stakeholders; and follow up on their public visibility, outcomes and impact through external feedback (Principle 6). The CGR is a leader in proactive transparency in the Chilean public sector. By continuing to lead in this regard, the CGR can improve understanding of CGR work, and demonstrate its value added to a strategic and agile state and the public at the macro level and to auditees at a micro level. In doing so, the CGR reinforces accountability - a prerequisite for operations of an independent SAI and for the implementation of other changes discussed in this review. Enhancing the transparency and performance of the CGR Enhance the transparency of the CGR’s responsibilities and assignments The government of Chile has increased transparency since the 1990s, to which the CGR has been a supportive partner. The CGR is known as a leader in transparency in the public sector, going beyond compliance with legal requirements and proactively using various communication means to make information about its responsibilities and operations accessible. These initiatives aim to focus especially on performance and impact so as to enhance the CGR’s accountability. To enhance transparency of the CGR’s responsibilities and assignments, the CGR may consider: Increasing the clarity of the CGR’s mandate as part of current efforts to amend its organic law. The CGR makes information publicly available on its mandate, mission and types of assignments. As the government of Chile explores a new CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 38 – ASSESSMENT AND RECOMMENDATIONS Organic Law, there is an opportunity to address confusion that may stem from inconsistencies with other statutes, update the outdated organisational structure, remove redundant sections and to reinforce independence and agility to react to changes in the public sector. Promoting the transparency of audit standards, processes and methods. While the CGR makes available information on its mandate, mission and type of assignments, it does not provide information on its audit standards and methods. Increasing such information would facilitate an understanding of audit work by auditees and citizens. Developing products that combine the findings of different audit assignments and communicating a broader understanding of government issues. The CGR does not produce summaries of reports or of common findings, trends and root causes, which could make it easier for various audiences to understand CGR work. This potentially limits the CGR’s efforts to make information accessible. The CGR could develop products that present the CGR’s common findings, trends and root causes identified in audit engagements. Leveraging its communication strategy to support active use of audit work, defining audiences and identifying how they access this information. The CGR does not have a communication strategy that could guide the understanding and use of audit findings. Firstly, as discussed above and in Chapter 4, the CGR could identify better its audiences to understand how their work is accessed, feeding into its communication strategy. Moreover, the CGR can identify measurable objectives and develop an appropriate communications mix to balance accessibility through various mediums. Undertaking specific measures to overcome barriers and constraints attributed to the country’s digital divide. The CGR’s website is considered one of the most transparent in the Chilean public sector. Yet the heavy reliance on its website and on social media may bias access in a country with a digital divide across socioeconomic groups. Enhance performance management of the CGR INTOSAI (2010) “Principles of Transparency and Accountability” state that SAIs should manage their operations economically, efficiently, and effectively and use external advice to enhance the quality and credibility of their work. The CGR is taking steps to enhance its performance framework, going beyond inputs, outputs and timeliness, to incorporate quality and impact measures. The CGR is using internal performance management tools to set internal goals resulting in rewards, soliciting input from stakeholders through new methods and developing evaluation frameworks with peer SAIs. In order to enhance performance management, the CGR could consider: Developing a logical framework to support the definition and measurement of the CGR’s performance to feed into internal decision-making processes and other internal reforms. A logical framework is a matrix that guides performance management and is a core element of each public entity’s performance management system in Chile. Yet, at present, the CGR does not use one in the formulation to guide its performance management, despite adopting a number of other performance budgeting tools used by public administrations. The CGR CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ASSESSMENT AND RECOMMENDATIONS – 39 performance management relies on performance goals and agreements between the Comptroller General and the division heads and regional comptrollers. A logical framework would be a useful tool to link concepts of outcomes, outputs, processes and inputs as a basis for measuring performance. Linking management practices to the institution’s strategic plan and budget formulation to ensure adequate resources and avoid performance management becoming a bureaucratic process. The formulation of the CGR’s annual budget begins in April of each year and is concluded in September, while the performance goals and agreements are formulated in September/October. However, the two are unrelated. It is critical that the CGR aligns and integrates operational plans and projects with the institution’s performance management systems and its budgeting processes. If there is limited attention to setting performance goals and agreements in accordance with available resources, they may be unable to drive performance improvements. The performance bonus attached to the achievement of performance goals can become an entitlement for CGR officials. Broadening input from the CGR’s stakeholders as part of the institution’s performance management framework. The CGR has recently begun to solicit input from auditees regarding the quality and timeliness of completed audit engagements, but it does not solicit input from other stakeholders such as Congress, the media and academia, nor does it solicit feedback on other aspects of the CGR’s activities. Soliciting feedback will help to enhance the quality and usability of the CGR’s audit work. Taking appropriate action so that efforts to measure the economic value of audit and non-audit assignments do not become the primary driver of institutional reforms. The CGR is contracting a study to assess the value and benefit of the institution’s functions for the public administration and citizens. The objective of the study is to measure the direct economic value of the CGR’s current oversight functions and to evaluate the suitability of certain initiatives that the CGR could implement in the future. It is critical that the current efforts to calculate the economic value of the CGR’s audit and non-audit assignments are used as a source, but not the primary driver of institutional reform. This allows for reforms to take into account important contextual factors that are not directly linked to economic value, including public sector innovations, changes in size of government and new forms of service delivery. Reporting publically on measures of cost-effectiveness, quality and timeliness of outputs and impact. The annual report prepared each year by the Comptroller General provides information on the number of outputs and inputs, but does not include information on the cost of outputs, the quality and timeliness of outputs or the impact of the CGR. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 40 – ASSESSMENT AND RECOMMENDATIONS Notes 1 An exception are the financial audits of supply companies in isolated areas (EMAZA) and of the loans facilitated to Chile by multilateral financial institutions, such as the Inter-American Development Bank or the World Bank. References Habegger, B. (2009), “Horizon scanning in government: Concept, country experiences and models for Switzerland”, Center for Security Studies, Zurich, www.bevoelkerungsschutz.admin.ch. Huerta Melchor, O. (2013), “The government workforce of the future: Innovation in strategic workforce planning in OECD countries”, OECD Working Papers on Public Governance, No. 21, OECD Publishing, Paris, http://dx.doi.org/10.1787/5k487727gwvb-en. INTOSAI (2010), “The Mexico Declaration on SAI Independence,” International Standards of Supreme Audit Institutions, 10, INTOSAI Professional Standards Committee, Copenhagen, www.issai.org/media(626,1033)/ISSAI_10_E.pdf. INTOSAI (2010a), “Quality Control for SAIs”, International Standards of Supreme Audit Institutions, 40, INTOSAI Professional Standards Committee, Copenhagen. INTOSAI (1977), “The Lima Declaration of Guidelines on Auditing Precepts,” International Standards of Supreme Audit Institutions, 1, INTOSAI Professional Standards Committee, Copenhagen, www.issai.org/media(622,1033)/ISSAI_1_E.pdf. INTOSAI (1998), “Code of Ethics”, International Standards of Supreme Audit Institutions, 30, INTOSAI Professional Standards Committee, Copenhagen. OECD (2013a), “Countries’ responses to the 2013 Accruals Questionnaire”, 13th Annual OECD Public Sector Accruals Symposium, Paris, 7-8 March 2013. OECD (2013b), “Ministerial Council Statement”, Meeting of the Council at Ministerial Level, 29-30 May, C/MIN(2013)16/FINAL, OECD, Paris. OECD (2011), “Contextual factors”, in Government at a Glance 2011, OECD Publishing, Paris, http://dx.doi.org/10.1787/gov_glance-2011-74-en. Ruffner, M. and J. Sevilla (2004), “Public sector modernisation: Modernising accountability and control”, OECD Journal on Budgeting, Vol. 4/2, pp. 123-141, OECD Publishing, Paris, http://dx.doi.org/10.1787/budget-v4-art11-en. UN (United Nations)/INTOSAI (2013), “Audit and advisory by SAIs: Risks and opportunities, as well as possibilities for engaging citizens”, Conclusions and Recommendations of the 22nd UN/INTOSAI Symposium on Audit and Advisory by SAIs: Risks and Opportunities, As Well As Possibilities for Citizen Engagement, 5-7 March, Vienna, Austria. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 41 Chapter 1 Chile’s supreme audit institution* This chapter provides an overview of the Office of the Comptroller General of the Republic (Contraloría General de la Republica, CGR) – Chile’s supreme audit institution (SAI) – as a basis for understanding its role in enhancing good public governance. The overview focuses on the CGR’s: i) position within government, leadership and organisational structure; ii) mission, mandate and functions/oversight responsibilities; and iii) organisational, functional and administrative independence. The analysis is framed by various International Standards of Supreme Audit Institutions, including the “Lima Declaration of Guidelines on Auditing Precepts” (ISSAI 1), the “Mexico Declaration on Supreme Audit Institution Independence” (ISSAI 10) and the “Fundamental Principles for Public Sector Auditing” (ISSAI 100). The analysis is supported by comparative data from 13 benchmark SAIs collected through an OECD survey specifically for this peer review, as well as other OECD and non-OECD databases. * The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 42 – 1. CHILE’S SUPREME AUDIT INSTITUTION Introduction This chapter introduces the Office of the Comptroller General of the Republic (Contraloría General de la Republica, CGR) – Chile’s supreme audit institution (SAI) – as a basis for understanding its role in enhancing good public governance. SAIs are key pillars of democratic governance and play a significant role in enhancing public sector transparency, performance and accountability (INTOSAI, 2010a). SAIs can provide reasonable assurance on the extent to which public resources are used legally and responsibly, for their intended purpose, in an economic, efficient and effective manner. SAIs’ work empowers the legislature and citizens to hold government accountable by reducing information asymmetries – particularly important at a time when trust in public authorities is weak and demands for open and inclusive policy formulation and implementation are increasing. Moreover, SAIs can also support a more strategic and forward-looking state by providing both insight and foresight of current emerging risks affecting governance. In introducing the CGR and its role in enhancing good public governance, this chapter provides an overview of the institution’s: position within government as well as leadership and organisational structure, as a basis for understanding its governance arrangements; mission, mandate and oversight responsibilities, as a basis for understanding how it directly contributes to good governance; organisational independence, as a basis for ensuring its oversight responsibilities are conducted in an objective and impartial manner. The overview of the CGR is framed by various International Standards of Supreme Audit Institutions (ISSAI). The “Lima Declaration of Guidelines on Auditing Precepts” defines the general types and scope of SAI assignments (INTOSAI, 1977). The “Lima Declaration of Guidelines on Auditing Precepts” and the “Fundamental Principles for Public Sector Auditing” distinguish between the types of audit assignments, i.e. ex ante and ex post, as well as regularity and performance of the use of public funds (INTOSAI, 1977; 2013). The “Lima Declaration of Guidelines on Auditing Precepts” and the “Mexico Declaration on Supreme Audit Institution Independence” define the elements of organisational, functional and administrative independence (INTOSAI, 1977; 2010b). The analysis is supported by comparative data from 13 benchmark SAIs. This was collected through an OECD survey specifically for this peer review, as well as other OECD and non-OECD databases. This chapter builds upon different sources, including a review of Chile’s legal framework, the CGR’s institutional documentation, and extensive interviews and discussions with CGR and other public officials of Chile’s public sector. At the time of preparing this chapter, the government of Chile signalled its intention to formulate a new Organic Law for the CGR in order to support the institution’s modernisation. The announcement was made in May 2012 as part of the President’s annual speech to Congress that presents an account of the previous year and the government’s programme for the forthcoming year. The analysis contained in this and the following chapters is based on the current CGR Organic Law, not on the proposed bill. While the review is performed against the current legal setting that frames the work of the CGR, the assessment and recommendations are not necessarily constrained by it. As with all OECD reviews, these are based on international standards, guidelines and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 43 good practices, especially from OECD member countries. OECD reviews are performed on the assumption that authorities are prepared to improve, restructure or reform policies if there is evidence that justifies a change. It is indeed up to the national authorities to judge whether the evidence and opinions provided in an OECD review are sound and pertinent enough to justify a reform and there is no reason to assume that Chilean authorities would proceed otherwise. The fact that the current administration is considering a reform of the CGR Organic Law and that the CGR is regularly consulted by the executive and parliamentary committees on new legislation that may impinge on its responsibilities suggests that the legal framework of the CGR is not considered immutable in Chile and that authorities are prepared to make improvements that may involve changes in such framework. Leadership and organisational structure The Constitution (Art. 98) establishes the CGR as an autonomous government body, and the institution is largely considered as a co-equal branch of government. The CGR’s status as an autonomous government body has been recognised since 1943 (Box 1.1). As a co-equal branch of government, the CGR sees itself as similar to the SAIs of Israel, Italy, Portugal and South Africa – as well as the European Court of Auditors. The CGR is not an office of the legislature, as is the case of the SAI of Brazil, Costa Rica, Denmark, Mexico and Spain. Nor is the CGR part of the executive branch of government, such as is the case of the SAI of Korea (Table 1.1). Although it is not part of the executive, the CGR is subject to the Constitutional Organic Law 18 575 of General Bases of the Administration and to the Public Financial Management Law (Legal Decree 1 263 of 1975). Table 1.1. Location of supreme audit institution within government in Chile and selected countries Legislature Neither Executive Other Brazil, Costa Rica, Denmark, Mexico, Spain Chile, Israel, European Court of Auditors, Italy, Portugal, South Africa Korea Australia Notes: Australia: The Auditor‑General is an independent officer of the parliament and all audit reports are tabled in the parliament. The Australian National Audit Office is an agency established by law to assist the Auditor-General to perform his/her functions. Denmark: Until 1975 the state audit function was comprised of four audit departments below the Ministry of Economic Affairs. Between 1975 and 1991, the National Audit Office of Denmark operated within the executive branch; since then it has been a parliamentary control body and hence part of the legislature. Israel: The State Comptroller is accountable only to the Israeli parliament, the Knesset, and shall not be dependent upon the government; this provision has been interpreted to say that principally the State Comptroller and Ombudsman are not part of any of the above branches, including the legislature. Korea: The Constitution of the Republic of Korea establishes the Board of Audit and Inspection under the direct jurisdiction of the President (Art. 97); the Board of Audit and Inspection Act states that the Board of Audit and Inspection is established under the President but shall retain an independent status (Art. 2). Portugal: The Court of Accounts is an independent, sovereign court, subject only to the law (1976 Constitution, Arts. 202, 203 and 214; Law 98/97, Art. 24). It is the supreme audit institution in Portugal, with the satute of Supreme Court, with the power to audit all the public resources and also the jurisdictional power to judge financial responsibility. Spain: The Spanish Court of Accounts is answerable directly to the Cortes Generales, i.e. the Spanish parliament (Court of Audit Organic Act – Organic Act 2/1982 – Art. 1.2). Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 1. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 44 – 1. CHILE’S SUPREME AUDIT INSTITUTION The CGR is headed by a Comptroller General and the institution’s monocratic leadership is similar to the SAIs of Australia, Costa Rica, Denmark, Israel, Mexico, Peru and South Africa (Table 1.2). The Comptroller General is nominated by the President and confirmed by the Senate, for an eight-year non-renewable term or until mandatory retirement of 75 years of age (Constitution, Art. 98, as amended by Art. 144 of Law 20 050). Senate confirmation of the Comptroller General appointment was first introduced in 1964 by Law 10 336. The Constitution specifies the conditions for the appointment, employment, removal and retirement of the Comptroller General. These aspects of co-equal branch of government are discussed in the second part of this chapter which discusses CGR independence. Table 1.2. Organisational model of supreme audit institutions in Chile and selected countries Monocratic Collegiate Australia, Chile, Costa Rica, Denmark, Israel, Mexico, Peru, South Africa Brazil, European Court of Auditors, Italy, Korea, Portugal, Spain Box 1.1. Institutional history of the Office of the Comptroller General of the Republic of Chile The CGR was created in March 1927 by Decree with Force of Law (Decreto con Fuerza de Ley) 400-bis in order to “remedy the lack of organisation in the control of national income and investment of public resources”. The CGR absorbed the functions of the Accounting General Directorate (Dirección General de Contabilidad), the Tribunal of Accounts (Tribunal de Cuentas), the Nation’s Asset General Inspectorate (Inspección General de Bienes de la Nación) and – as a temporary measure – the Statistics General Directorate (Dirección General de Estadísticas). The Accounting General Directorate was responsible for the preparation of national accounts (what today would be referred as financial statements). The Tribunal of Accounts was responsible for the ex ante control of legality of administrative acts and, from 1888, the judgment of accounts managed by the heads of fiscal entities. The Nation’s Asset General Inspectorate, part of the Treasury, was responsible for safeguarding the proper use and maintenance of state properties. The Statistics General Directorate supported the preparation of national statistical data used in economic policy making. In 1932, however, the Statistics General Directorate became an autonomous institution. The creation of the CGR was part of a package of monetary, fiscal and administrative reforms initiated in response to the economic challenges facing Chile after World War I. This package of reforms was proposed by a team of economists from the United States – commonly referred to as the Kemmerer Mission – at the request of the government of Chile. In addition to suggesting the creation of the CGR, the Kemmerer Mission provided input into the formulation of Chile’s Organic Budget Law (Ley Orgánica de Presupuestos), Central Bank Law (Ley de Banco Central), General Banking Bill (Proyecto de la Ley General de Bancos) and Customs Law (Decreto Ley de Aranceles Aduaneros). Beyond Chile, the Kemmerer Mission also supported a process of state modernisation in other Latin American countries, such as Bolivia, Colombia, Ecuador, Guatemala, Mexico and Peru, in order to support stable economic policies for US investors (Lizana, 2005; Ruiz-Tagle, 2006). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 45 Box 1.1. Institutional history of the Office of the Comptroller General of the Republic of Chile (cont.) Although the CGR was originally established by a Decree with Force of Law, it was recognised in the Constitution of the Republic of Chile in 1943 following an amendment to the 1925 Constitution. This amendment, promulgated by Law 7 727 to reform the Constitution to limit parliamentary initiative on public expenditure (reforma constitucional limita la iniciativa parlamentaria en lo relativo a gastos publicos), recognised the CGR as an autonomous body from the legislature, executive and judiciary. The position of the CGR as a co-equal branch of government was retained in the 1980 Constitution of the Republic of Chile. The first CGR Organic Law was promulgated by the Congress in 1952 and detailed the functions, powers and management autonomy of the institution. This law was subsequently replaced in 1964 by the current CGR Organic Law (Law 10 336 on the Organisation and Duties of the Office of the Comptroller General of the Republic). Between 1953 and 1964, the CGR Organic Law was amended several times, for example by the Decree with Force of Law 338/1960 and Laws 10 343 and 14 832. Law 14 832 authorised the President of the Republic to establish the text for the new CGR Organic Law (i.e. Law 10 336) taking into account all of the reforms to the institution since 1953. A number of key differences between the 1953 and 1964 CGR Organic Laws include: the granting of authority to the Comptroller General to close, merge and create departments the granting of authority to the Comptroller General to exempt one or more public entities from its ex ante control of legality assignments the requirement for the Comptroller General to give priority to processing complaints received from the Chamber of Deputies. At the time of writing this review, the government of Chile signalled its intention to formulate a new CGR Organic Law in order to support the institution’s modernisation. The announcement of this initiative was made in May 2012 as part of the President’s annual speech to Congress that presents both an account of the government’s programme over the previous year and the programme for the forthcoming year. Source: Lizana, E. (2005), “La evolución de la función de control de la Contraloría General de la República” [The evolution of the function of the Office of the Comptroller General of the Republic], Revista de Derecho de la Pontificia Universidad Católica de Valparaíso, XXVI, Valparaíso, Chile, pp. 19-30; CGR (1997), “Contraloría General de la República en el umbral del siglo XXI” [The Office of the Comptroller General of the Republic in the XXI century], CGR, Santiago; and Ruiz-Tagle, P. (2006), “Una Contraloría General de la República que sirva a todos los Chilenos” [An Office of the Comptroller General of the Republic that serves all Chileans], Revista de Derecho Público, Vol. 70, Santiago. The CGR’s decentralised structure with 14 regional offices, one in each of Chile’s regions with the exception of Santiago (Figure 1.1), follows Chile’s three-tier government system: 15 regions, 52 provinces and 345 municipalities (comunas). Each regional office is headed by a regional comptroller who is appointed by the Comptroller General. The CGR’s regional offices have responsibility for overseeing deconcentrated national (central) government operations at a regional and municipal level, as well as overseeing regional and municipal government programmes, entities and funds. The existence of SAI regional offices in Chile is similar to the SAIs of Brazil, Peru, Portugal and South Africa (Table 1.3). Chapter 3 discusses the organisational structure of the CGR in more detail, specifically in relation to how it supports strategic agility. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 46 – 1. CHILE’S SUPREME AUDIT INSTITUTION The CGR Organic Law establishes that the Comptroller General must report annually on the management of its budget and activities to the President as well as to both houses of Congress. Each regional comptroller must also produce an annual report on its operations for the regional executive (Law 10 336, Art. 143). In practice, the annual reports of the Comptroller General and regional comptrollers are also presented to the public. These annual reports are independent of other reports prepared and released by the Comptroller General, and that may be brought to the attention of Congress, the media or the general public as deemed appropriate (Law 10 336, Art. 6). The CGR’s annual reporting to the Congress and the general public is in line with the INTOSAI (1977) “Lima Declaration of Guidelines on Auditing Precepts” (Section 16). Chapter 4 discusses the structures within the Congress with which the CGR interacts in more detail. Chapter 6 discusses the content of the CGR’s annual reporting in more detail, specifically in relation to how it supports the CGR’s accountability. Figure 1.1. Organigram of the Office of the Comptroller General of the Republic of Chile Comptroller General Cabinet - Access to Information Unit - Internal Audit Unit - Communications & PP.RR department - Secretariat of External Control Units - National Co-ordination Unit for Follow-Up ICT Centre Deputy Comptroller General International relations and co-operation Court of Accounts Divisions Accounting Analysis Legal Administrative Audit State Personnel Management Infrastructure and Regulation Valparaíso Bio Bío Legal Co-ordination and Information Municipalities Prosecutor General Secretariat Regional comptrollers Tarapacá Arica y Parincota Atacama Antofagasto Coquimbo Libertador General Bernardo O´Higgins Los Ríos Maule Aysén del General Carlos Ibañez del Campo La Araucanía Magallanes y Antártica Chilena Los Lagos Source: Office of the Comptroller General of the Republic of Chile. In recent years, the Office of the Comptroller General has undertaken a series of ambitious initiatives to support the institution’s modernisation. These initiatives have been focused around three axes: i) institutional strengthening; ii) fostering transparency and integrity; and iii) citizen participation (Box 1.2). These initiatives have consolidated a solid institutional foundation within the CGR, upon which the institution wishes to evolve further as a key good governance contributor in the Chilean public administration. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 47 Table 1.3. Existence of supreme audit institution regional/state offices in Chile and selected countries Country Existence of supreme audit institution regional/state offices Contextual information on the organisation of the state State structure Tiers of government State/regional Provincial Local Australia No Federal 6+2 x 717 Brazil Yes (27) Federal 26+1 x 5 564 Chile Yes (14) Unitary 15 53 345 Costa Rica No Unitary 7 81 473 Denmark No Unitary 5 x 98 Israel No Unitary 6 x 252 Italy No Unitary 20 103 8 101 Korea No Unitary 16 x .. Mexico No Federal 31 x 2 438 Peru Yes (18+4) Unitary 25 195 1 833 Portugal Yes (2) Unitary 2 x 308 South Africa Yes (9) Federal 9 x 278 Spain No See note 17 50 8 111 Notes: x = Not applicable; .. = Missing data. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Federal states have a constitutionally delineated division of political authority between one central and several regional or state autonomous governments. While unitary states often include multiple levels of government (such as regional, provincial and local), these administrative divisions are not constitutionally defined. Australia: 6 states and 2 territories. The Australian Constitution recognises two levels of government: 565 local governing bodies operate under the 6 states and the Northern Territory. Each of Australia’s six states and two territories has its own external auditor (i.e. Auditor-General’s Department of South Australia, Audit Office of New South Wales, Australian Capital Territory Audit-General’s Office, Northern Territory Auditor-General’s Office, Queensland Audit Office, Tasmanian Audit Office, Office of the Auditor-General of Western Australia, Victorian Auditor-General’s Office). Brazil: 26 states and 1 Federal District. The Federal Court of Accounts has offices in Brazil’s 26 states and the Federal District. These are in addition to the 26 state Court of Accounts, one in each of the country’s states. Mexico: Entidades de Fiscalización Superior Locales. In addition, there are 31 state local superior audit institutions. Peru: The Office of the Comptroller General has 18 regional control offices and 4 regional co-ordination offices. South Africa: At the local level there are 8 metropolitan municipalities, 44 district municipalities and 226 local municipalities. Spain is a strongly decentralised state with 17 autonomous communities and 2 autonomous cities. While there are no regional offices of the Tibunal de Cuentas, there are regional audit institutions in Spain in several autonomous communities that have mandate to audit the economic-financial management of the autonomic public sector, without prejudice of the competences and mandate of the SAI of Spain. Source: OECD (2011), “Contextual factors”, in Government at a Glance 2011, OECD Publishing, Paris, http://dx.doi.org/10.1787/gov_glance-2011-74-en. Mandate, mission and functions The “Lima Declaration of Guidelines on Auditing Precepts” states that the core mandate of an SAI should be embodied in the Constitution, and details laid down in specific legislation. Further, the Lima Declaration states that all public financial operations, regardless of whether and how they are reflected in the national budget, should be subject to audit by SAIs. Excluding parts of financial management from the national budget shall not result in these parts being exempted from audit by the SAI CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 48 – 1. CHILE’S SUPREME AUDIT INSTITUTION (INTOSAI, 1977, Section 18). Moreover, the Lima Declaration states that SAIs should also audit commercial enterprises with public participation (INTOSAI, 1977, Section 23). Box 1.2. Recent initiatives supporting the modernisation of the CGR Initiatives to support institutional strengthening have included: Introducing strategic planning as a tool to broaden attention beyond annual planning activities and to create a collective commitment among its officials to the institution’s mission, vision and values; the institution’s first strategic plan was launched in May 2013 and spans until 2015. Introducing performance management mechanisms, including: i) collective goals and performance assessment; and ii) individual performance agreements (convenios de desempeno) between the heads of central divisions and regional offices with the Comptroller General, to improve the efficiency and timeliness of processes and the production of strategic outputs. Improving the organisational climate, including promoting and facilitating staff involvement in the definition of human resource management policies. Standardising work procedures and products to create a culture of responsibility, teamwork and quality control, supported by the issuance of new guidelines and manuals, including for issues such as audit programming, determining samples for audit field work, audit reporting and audit follow up (e.g. guidelines for Dictámenes and toma de razón). Undertaking a project to strengthen performance management, with the purpose of strengthening institutional systems and processes, including: i) creating a number of dedicated units to support continual improvement and promote quality, including external control technical units (to develop ex post audit guidelines and to co-ordinate certification of officials); ii) audit follow-up units (to monitor the implementation of audit observations); and iii) management process units (to examine management processes and quality control of divisions and regional offices). Creating a number of dedicated units to support continual improvement and promote quality, including external control technical units (to develop ex post audit guidelines and to co-ordinate certification of officials); audit follow-up units (to monitor the implementation of audit observations) and management process units (to examine management processes and quality control of divisions and regional offices). Restructuring dramatically the institution’s workforce, informing on and facilitating early retirement to staff meeting the required age and recruiting younger officials with more diverse qualifications and experience. As a result of these initiatives, the average age of CGR officials has declined, from 53.0 in 2007 to 40.7 in 2012. Developing more timely and targeted training programmes for its officials, with an emphasis on high-quality and measurable outcomes, and training certification being considered in the internal hiring processes. Consolidating the various information and communications technologies (ICT) systems used by central divisions and regional offices: in 2007 the central divisions and regional offices operated 136 different software applications, in 2013 the CGR used only 24. Undertaking a major office remodelling of the institution’s headquarters and 14 regional offices between 2008 and 2013 in order to improve the work environment and create a feeling of professionalism among officials, and facilitating the public use of the instalations (e.g. auditoriums are available free of charge for civil society). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 49 Box 1.2. Recent initiatives supporting the modernisation of the CGR (cont.) Initiatives to foster the institution’s transparency and probity efforts have included: Publishing on the institution’s website, since 2007, the agenda of CGR authorities (i.e. the Comptroller General, Deputy Comptroller General, division heads and regional comptrollers); the agendas include information such as meetings and visits, among others. Publishing online through the institution’s website, since 2010, the CGR’s databases on legal opinions (dictamenes) and audit reports and since 2012 its internal audit reports. Redesigning, in 2012, the CGR’s website, including launching a dedicated CGR Transparency (Contraloría Transparente) banner in order to enhance accessibility on information regarding the institution’s functions, structure, human resources, contracting, budgetary resources. Launching the anti-corruption portal, with the goal of facilitating access to information on investigations related to corruption and their results. Launching the municipal scorecard report, implemented in 2012 and published on the website, which consists of a monthly compliance status regarding the obligation of municipalities to send their budget and accounting information to the CGR.1 Facilitating online consultation and follow up by citizens of their requirests and administrative acts (Consulta Tramite en Línea). Initiatives to increase citizen participation have included: Formulating, in 2011, a plan to support the development of the CGR’s external communication infrastructure, strengthening the Communications Unit, including through the Internet and social media (e.g. Twitter, Facebook, YouTube). Launching, in 2012, a CGR-Citizens Portal (Contraloría-Ciudadano) to enable citizens to register complaints and make suggestions for audits through online forms specially designed for this purpose. Over 1 400 complaints and audit suggestions were made during the first 10 months. Developing, in 2013, an innovative CGR-Citizens and Public Works Portal (Contraloría-Ciudadano y Obra Pública) to support geo-referenced transparency of central and municipal public works projects, together with key project information, which should be launched in 2014. Note: 1. In the first publication, of April 2012, 23% of all reports that, at that time, had to be sent to the municipalities for the year 2012 were sent and processed by the CGR. In the fourth publication, of July, the percentage of all reports that, at that time, had to be sent by the municipalities for 2012 and that were sent and processed by the CGR had risen to 81.2%. Source: Based on discussions with the CGR. Article 87 of the Constitution establishes the CGR’s responsibilities as: i) overseeing the legality of acts of the public administration; ii) overseeing the revenue received and investment funded by the state treasury, municipalities and other statutory public entities; iii) examining and judging the accounts of individuals entrusted with resources of public entities under the oversight of the CGR; and iv) keeping the general government accounts CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 50 – 1. CHILE’S SUPREME AUDIT INSTITUTION (contabilidad general de la nación). The CGR’s functions are subsequently detailed in Law 10 336 on the Organisation and Duties of the Office of the Comptroller General of the Republic (the “CGR Organic Law”). Other legislation on the state administration and financial administration recognise the functions of the CGR in line with that defined in the Constitution and the institution’s organic law.1 Building upon its legal mandate, the CGR has recently refined its mission, vision and values through its strategic planning process for the period 2013-15. The CGR’s mission is “to ensure legal compliance by the public administration through a collaborative relationship with public entities and citizens, promoting the public good through efficient institutional management to safeguard the integrity, transparency and correct use of public resources”. The CGR’s vision is “to be an entity that delivers timely and high-quality products and services for citizens and the state, generating trust in the proper use of public resources and actively integrating its control processes in order to increase the impact of the institution’s work”. The CGR’s values are now described as integrity, collaboration, responsibility, autonomy and transparency. Chapter 3 discusses the process of strategic planning within the CGR in more detail. The CGR has a broad mandate covering both national and local executive authorities, public companies (as per Law 10 336, Art. 16) but does not oversee the legislature, judiciary or constitutionally autonomous entities (with the exception of municipalities). The CGR subsequently describes on its website and other institutional materials that it has four main functions:2 “legal”, including ex ante control of legality assignments and the interpretation of administrative law to ensure the legality of administrative decision making “audit”, including ex post audit assignments, inspection and special investigations to provide assurance of the legality of administrative decision making “accounting”, including setting national public accounting standards and consolidating the general government financial statements/accounts ”judicial”, including judging the civil responsibility of public officials in the case of non-compliance with regulations related to the use of public funds and supporting the investigation of criminal acts by public officials. In addition, the CGR oversees the functioning of internal audit within the public administration and contributes broadly to anti-corruption efforts, including through horizontal collaboration with a number of autonomous bodies (e.g. public prosecutor’s office, the judiciary and state defence council).3 Among these functions, two matters draw attention in the international comparison. First, despite Chile’s public administration shift towards performance management, the CGR’s audit function focuses on compliance rather than financial and performance audit (i.e. focusing on the economy, efficiency and effectiveness of the public sector). This focus is consistent with the CGR’s stated mission “to ensure legal compliance by the public administration through a collaborative relationship with public entities and citizens, promoting the public good through efficient institutional management in order to safeguard the integrity, transparency and correct use of public resources”, but does not respond to a clear legal or functional impediment to undertake performance audit. Second, a number of these assignments make the CGR relatively distinct compared with the benchmark SAIs. For example, as discussed below, the CGR conducts ex ante control CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 51 of the legality of a broad range of administrative or financial activities (toma de razón). In addition, the CGR is responsible for setting public sector accounting standards and the consolidation of whole-of-government accounts. The sections below will further address these matters. The CGR has a broad mandate covering both national and local executive authorities, but does not oversee the legislature, judiciary or constitutionally autonomous entities The institutional scope of the CGR is comparable to all 13 benchmark SAIs (Table 1.4). The CGR Organic Law states that the institution provides oversight of central and decentralised entities and public enterprises (empresas del estado) (Law 10 336, Art. 16).4 Centralised entities are created by law, have no legal personality and act through the Fisco (i.e. the monetary expression of the state). Decentralised entities are created by law and have their own legal standing. The CGR Organic Law enables the institution to oversee businesses, societies and entities in which the state, public companies, societies, or centralised or decentralised institutions have a majority or equal share-holdings or representation. Oversight of these businesses, societies and entities may include auditing the fulfilment of their missions, the regularity of operations and responsibilities of its officials, as well as that which is necessary to prepare the consolidated government financial statements.5 The CGR’s oversight of these businesses, societies and entities is independent from that provided by various superintendents (i.e. independent regulatory agencies) (Law 10 336, Art. 16).6 In practical terms, the CGR’s audit mandate covers 2 195 central government entities – including ministries, central government agencies, public enterprises, mixed-ownership enterprises and public universities – and 805 municipal entities spread across 345 municipalities (CGR, 2013). State enterprises overseen by the CGR include the Corporación de Fomento de la Producción (created by Law 6 640), Empresa Nacional de Minería (Decree with Force of Law 153/1960) and the State Railway Company (Empresa de los Ferrocarriles del Estado) (Decree with Force of Law 1/1993, art. 40).7,8 Although the CGR generally does not audit the State Copper Company (Corporación Nacional del Cobre de Chile, CODELCO), it may do so under special circumstances informing the President of the Republic about the reason for the decision and sharing the audit report (Decree Law 1 349/1976, Art. 12). The CGR does not audit the State Bank (Banco del Estado). Although the CGR audits the Armed Forces of Chile (Fuerzas Armadas de Chile), not all its audit reports are publically available because they contain materials that are categorised as secret or reserved under the Law 20 285 on Access to Public Information (Art. 21.3), the Code of Military Justice (Código de Justicia Militar – Decree 2 226 – Art. 436) and the Restricted Law on Copper (Ley Reservada del Cobre – Law 13 196). Unlike the majority of benchmark SAIs, the CGR does not have the authority to audit the Congress, the judiciary or “constitutional autonomous bodies” such as the central bank (Table 1.4).9 The Chamber of Deputies issues an unaudited report on budget execution approximately 12 months after the end of the fiscal year. The Senate’s accounts are independently audited by a private firm every two years, with the most recent audit report for FY 2010 and 2011 released three months after the end of the fiscal year. The judiciary’s annual financial statements are audited by an independent auditor within one and a half months after the end of the fiscal year. The independent auditor’s reports of the judiciary’s annual financial statements for FY 2007-11 are publically available online; as CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 52 – 1. CHILE’S SUPREME AUDIT INSTITUTION of July 2013 the independent external audit report for FY 2012 was unavailable.10 However, the CGR has authority to audit bank accounts used by certain courts to receive payments (e.g. bails, fines, deposit, guarantees, etc.) and pay back that money. The central bank’s annual financial statements are audited by an independent auditor within one month of the end of the fiscal year. The independent auditor’s reports of the central bank’s annual financial statements for fiscal years 1998-2012 are publically available online.11 The type of audit assignments conducted by the CGR varies by type of public entity, as does the use of the ex ante toma de razón. Figure 1.2 illustrates this using the examples of the Ministries of Finance, Interior and Public Safety, Health, Education, Labour and Social Security (which the OECD interviewed and engaged in this peer review process). The CGR’s audit assignments and ex ante toma de razón are discussed in following sections of this chapter. Figure 1.2. Scope of oversight by the Office of the Comptoller General of the Republic of Chile Selected government portfolios Source: Based on discussions with the CGR. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 53 Table 1.4. The Office of the Comptroller General of the Republic of Chile has a broad audit scope Central government ministries, agencies Recipients of public funds (e.g. contractors) Financial public corporations Non-financial public corporations Social security State government budgetary resources Local government budgetary resources Armed forces Loans Other Australia Brazil Chile Costa Rica Denmark European Court of Auditors Israel Italy Korea Mexico Peru Portugal Spain South Africa o o ● ● ● ● ● o o ● ● ● ● ● ● ● ● ● o o ● ● o ● o ● o ● o ● ● ● ● ● ● ● o ● ● ● ● ● o ● ● ● ● ● ● x ● ● ● ● o ● o ● o o o ● o ● ● o ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● .. .. .. .. .. .. .. .. .. .. .. .. .. .. ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● Legislature Country Judiciary Audit scope of supreme audit institutions in Chile and selected countries o x x x ● x .. x x ● ● x x ● ● ● ● ● ● ● ● ● ● ● ● ● ● o o .. .. .. .. .. .. .. .. ● ● ● ● ● ● ● ● ● ● ● ● Notes: ● = Yes; o = No; x = Not applicable (unitary government); .. = Not available. European Court of Auditors (ECA): Central government ministries and agencies refer to the European Commission and European Union agencies. The mandate of the ECA is set out in Article 287 of the Treaty on the Functioning of the EU which stipulates that the ECA is responsible for examining the accounts of all revenue and expenditure of the European Union. Israel: Audit of the legislature and judiciary is only administrative aspects. The State Comptroller Law [Consolidated Version], 1958, which provides a detailed framework for the State Comptroller’s Office governance and activity, adds the following audited bodies: i) every person or body holding, otherwise than under contract, any state property or managing or controlling any state property on behalf of the state; ii) every enterprise, institution, fund or other body in the management of which the government has a share; iii) every person, enterprise, institution, fund or other body made subject to audit by law, by decision of the Knesset or by agreement between it and the government; iv) every general employees’ organisation, and every enterprise, institution, fund or other body in the management of which such employees’ organisation has a share, provided that the audit shall not be carried out on their activities as a trade union. No audit of such a body shall be conducted except and insofar as the Comptroller so decides and subject to international conventions to which the state of Israel is party. Note that the application of this section is extremely rare. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 54 – 1. CHILE’S SUPREME AUDIT INSTITUTION The CGR legal function includes ex ante control of legality assignments and the interpretation of administrative law to ensure the legality of administrative decision making The INTOSAI “Lima Declaration of Guidelines on Auditing Precepts” defines ex ante audit – or a priori audit or pre-audit as it may be sometimes referred – as a “before the fact” review of administrative or financial activities. Generally speaking, administrative or financial activities may not be executed by the administration until after the ex ante audit is completed and authorised. The Lima Declaration notes that ex ante audit has the advantage of being able to prevent damage to the state before it occurs. Nevertheless, the Lima Declaration notes that ex ante audit may have the disadvantage of creating an excessive amount of work for the SAI and blurring responsibilities under public law. The Lima Declaration is explicit that ex ante audit may be carried out by institutions other than the SAI, or other audit institutions (INTOSAI, 1977, Section 2) and that the conditions and requirements of each country should determine whether a supreme audit institution carries out pre-audit. Ex ante audit assignments are differentiated from SAI expert opinions, as is recognised in the Lima Declaration (INTOSAI, 1977, Section 12). A matter subject to ex ante audit must be transmitted to the SAI, the SAI must authorise (or reject) the matter and the executive authority must subsequently abide by the SAI’s decision. In contrast, an SAI is not obliged to respond to a matter brought before it for an expert opinion by an executive authority or a legislative body, though an SAI may also provide an expert opinion without a request. The executive authority or legislative body subsequently bears sole responsibility for accepting or rejecting an SAI’s expert opinion. When issuing an expert opinion, the SAIs should not anticipate future audit findings and the opinion must not interfere with the effectiveness of its audit assignments (INTOSAI, 1977, Section 12). In the case of Chile, the CGR issues expert legal opinions in the form of dictámenes. CGR dictámenes may be issued ex oficio or upon request from state or private bodies, members of Congress, public officials or individuals. However, in contrast with expert opinions of SAIs, the CGR’s legal opinion or dictámen is binding and constitutes administrative jurisprudence (jurisprudencia). Ex ante control of legality – or toma de razón (TdR) as it is referred in Chile – is seen by the CGR as a core element of its oversight responsibilities. Toma de razón is a preventive, ex ante verification of the legality of certain administrative acts, exclusively focused on legal complicance vis-à-vis the whole spectrum of the national and applicable international legal framework (Constitution, international treaties, laws and regulations). The CGR’s authority to subject administrative acts to TdR is established in the Constitution (Art. 99). Some of this importance stems from the tradition of the TdR within the administration, which spans back to the 19th century, and has led to the TdR being a function deeply integrated into the Chilean administration (Cordero, 2006; Santiso, 2006; Faundez, 2007, 2010). Moreover, the TdR can be associated with legitimacy of administrative action and trust in government. At the same time, it is important to note that this ex ante control of legality function does not exist in the majority of benchmark SAIs (Table 1.5) while in the few where it is present, the scope is limited, either functionally (e.g. Italy) or financially (e.g. Portugal). Chapter 2 analyses the TdR function in more detail. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 55 Table 1.5. Ex ante audit assignments by supreme audit institutions in Chile and selected countries Yes No Chile, Costa Rica, Italy, Portugal Australia, Brazil, Denmark, European Court of Auditors, Israel, Korea, Peru, Spain, South Africa Notes: The INTOSAI “Lima Declaration of Guidelines on Auditing Precepts” defines ex ante audit – or a priori audit or pre-audit, as it may be sometimes referred – as a “before the fact” type of review of administrative or financial activities (INTOSAI, 1977, Section 2). Brazil: Concurrent audit assignment for public concession and public-private partnerships. The Brazilian Federal Court of Accounts examines administrative actions at five stages of the public concession and public-private partnerships procurement process: i) project’s feasibility, including legal, economic and environmental issues; ii) the bid notice and draft contract prior to their publication; iii) the legal, technical, economic and financial pre-qualification of bidders; iv) the results of bid evaluation; and v) award and signature of the contract. Costa Rica: Approving budgets of the decentralised public sector (66% of total public expenditure); solving objections to government contracting posters, such as appeals of awards; authorising direct contracting procurement procedures. Italy: The Court of Accounts has had an ex ante audit function since its establishment in 1862. Since 1994, under Law no. 20, the ex ante audit has been limited to administrative acts (e.g. regulatory and planning acts, high-value public contracts). More recently under Decree-Law 78/2009, the Court of Accounts’ regional chambers have been entrusted with the ex ante audit on the civil protection ordinances issued by extraordinary commissioners and delegated officers. Portugal: For acts and contracts above EUR 350 000. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 3. CGR recording and TdR of administrative acts includes both those that have direct budgetary consequences (e.g. state personnel, procurement, public debt, etc.) as well as those related to general economic, social and environmental regulation. Administrative acts related to state personnel management include those regulating civil servant employment, remuneration, orders to return illegal remunerations, termination benefits and the revision of pension benefits. Administrative acts related to public procurement include calls for tender, prequalification, contract award and payment. Public debt may only be taken on by the government after the CGR’s approval. This includes debt by the Ministry of Finance (Ministerio de Hacienda), the State Treasury (Tesorería General de la República), public universities, public enterprises and the Social Security Institute (Instituto de Previsión Social) (Law 10 336, Art. 13). The review of economic, social and environmental regulation includes urban planning, competition policy, trade policy, as well as micro, small and medium enterprises, among others. The CGR conducted an average of approximately 275 000 TdR of administrative acts between 2008 and 2011: approximately 250 000 related to state personnel matters and 25 000 related to other matters (Figure 1.3). However, the CGR Organic Law gives the institution much discretion over the TdR process and it may exempt administrative acts other than those issued by the President of the Republic from TdR. Chapter 2 discusses the CGR’s exemption of administrative acts from TdR in more detail. However, it is important to note that, irrespective of whether an administrative act is subject to TdR or not, all administrative acts must be processed by the CGR before their publication in the Official Journal (Diario Oficial). In case of violation of these provisions, the CGR has the authority to apply administrative sanctions against the responsible official (Law 10 336, Art. 154). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 56 – 1. CHILE’S SUPREME AUDIT INSTITUTION Figure 1.3. Ex ante control of legality conducted by the Office of the Comptroller General of the Republic A. Administrative acts addressing matters other than human resource management subject to toma de razón Decrees Resolutions Decrees regulating laws Decrees with the force of law 30000 25000 20000 15000 10000 5000 100 0 2008 2008 2009 2010 2011 2012 B. Administrative acts addressing state personnel matters, total Ex ante audit/toma de razon Exempt from ex ante audit 1 000 000 800 000 600 000 400 000 200 000 0 2008 2009 2010 2011 2012 Note: The observed drop in TdR in 2010 can be attributed to the change of government (and the necessary installation process with reduced administrative activity) and the effects of the 2010 earthquake in budget execution. Source: Adapted from CGR (2008, 2009, 2010, 2011, 2012, 2013), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. Depending on the nature of the document submitted for the TdR, the decision of the CGR might be challenged in the ordinary courts within 30 days of taking effect, or before the Constitutional Court at any point of the legislative process. The challenge of administrative acts may be adjudicated previously or simultaneously in appellate courts using the writ of protection (recurso de protección) or before the Constitutional Tribunal under the writ of inapplicability for unconstitutionality (recurso de inaplicabilidad). Matters in the ordinary courts may be appealed to the Supreme Court. Requests for the Constitutional Tribunal to review administrative acts must come from legislators, rather than individuals, either solicited by one of the chambers of Congress or one quarter of CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 57 congressional members. The Constitutional Tribunal is the court of last resort on constitutional matters and no appeal may be made against its decisions, even by the Supreme Court (Constitution, Art. 83). In addition to the CGR, a number of other public sector entities within the executive have responsibility for ensuring the legality of administrative decision making. The Ministry of the General Secretariat to the President of the Republic (Ministerio Secretaría General de la Presidencia de Chile, SEGPRES) provides legal advice to the President, reviews bills proposed by the executive and reviews decrees issued by the President. The latter takes place before the TdR by the CGR. Each public entity’s legal units (unidades jurídicas) have a role in reviewing administrative acts from their respective entity before they are subject to TdR. The Juridical-Legislative Division does not play a role in overseeing and guiding the legal units of individual public entities. The CGR’s ex post audit function focuses on compliance with regulations, with a very limited focus on economy, efficiency and effectiveness of government action The CGR conducts ex post audits, inspections and special investigations to ensure compliance with the law, the protection of public patrimony and respect for the principle of administrative integrity. Through ex post audit assignments, the CGR may assess the functioning of the internal control systems of public entities; monitor compliance with legal provisions on state financial administration, particularly those relating to the execution of public resources; examine individual transactions and the completeness of financial records; validate the accuracy of supporting documents; and verify compliance with government regulation and jurisprudence. Ex post audit assignments may result in “observations” (observaciones) regarding non-compliance with laws or regulations related to the use of public funds. Observations may result in an accounts trial (juicio de cuentas) to remedy losses and damages caused to the state resulting from, for example, calculation errors, improper determination of amounts payable and irrelevant payments.11 Observations may also trigger special investigations and administrative disciplinary proceedings, as well as possible civil and criminal proceedings before ordinary courts. The CGR does not audit the year-end accounts of individual public entities. This type of financial audit, focused on the reliability, usability and confidence of government reporting, can enhance the degree of confidence of intended users in the financial statements and the reliability of government reporting insofar as it provides an independent examination on whether the financial statements as a whole and the information contained therein fairly present each entity’s financial position and the results of its operations and cash flows (INTOSAI, 2013). The CGR does not conduct ex post performance audit assignments, which makes it an exception in relation to the benchmark SAIs (Table 1.6). This decision stems from the fact that the CGR has traditionally associated performance audit with addressing issues of the “merit” of political or administrative decisions, and thus with the limitation set out in Article 21b of its Organic Law (Law 10 336).12 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 58 – 1. CHILE’S SUPREME AUDIT INSTITUTION Table 1.6. Ex post audit assignments of supreme audit institutions in Chile and selected countries Country Ex post audit Regularity (financial and compliance)1 Performance audit2 Australia ● ● Brazil ● ● Chile3 ● o Costa Rica ● ● Denmark ● ● European Court of Auditors ● ● Israel ● ● Italy ● ● Korea ● ● Mexico ● ● Peru ● ● Portugal ● ● Spain ● ● South Africa ● ● Notes: ● = Yes; o = No. 1. Regularity audit includes: i) attestation of financial accountability of accountable entities, involving examination and evaluation of financial records and expression of opinions on financial statements; ii) attestation of financial accountability of the government administration as a whole; iii) audit of financial systems and transactions, including evaluation of compliance with applicable statutes and regulations; iv) audit of internal control and internal audit functions; v) audit of the probity and propriety of administrative decisions taken within the audited entity; and vi) reporting of any other matters arising from or relating to the audit that the SAI considers should be disclosed. 2. Performance audit includes: i) audit of the economy of administrative activities in accordance with sound administrative principles and practices, and management policies; ii) audit of the efficiency of utilisation of human, financial and other resources, including examination of information systems, performance measures and monitoring arrangements, and procedures followed by audited entities for remedying identified deficiencies; and iii) audit of the effectiveness of performance in relation to the achievement of the objectives of the audited entity, and audit of the actual impact of activities compared with the intended impact. 3. The Office of the Comptroller General of the Republic of Chile reports that it does not conduct performance audits drawing reference to the institution’s Organic Law that states that it may not audit the “merit” of political or administrative decisions (Law 10 336, Art. 21b). However, the CGR reports that it may examine issues of the economy, efficiency and effectiveness (or matters that INTOSAI considers to be a part of performance audit) in its ex post compliance audit assignments. The CGR categorises its ex post audit assignments into ten groups, the majority of which focus on evaluating the administration’s compliance with laws and regulations (Table 1.7). Integral random audits (auditoría integral aleatoria) were introduced in 2011 to examine the macro-processes of audited entities with the objective of obtaining a general view about the entity’s operations. The origin of the name of these audits – “random” – reflects the approach to the selection of the audits in 2011. However, since 2012, the audits have been selected based on a risk-based approach, using concepts of materiality and risk. Integral random audits are broad in their scope and typically take six to nine months to complete, in comparison with three months for other audits. As such, each external control unit only conducts one integral random audit every year. i.e. one such audit is conducted every year by each of the main external control units. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 59 Table 1.7. Main categories of the Office of the Comptroller General of the Republic of Chile’s ex post audits Audit category Subject matter Transactional Compliance of operations and transactions with laws, regulations and administrative law; adequate calculations and registry, validity of supporting documents State financial statements Adherance of management of operations and cash flows to accounting principles and legal compliance Programme and project The compliance with relevant laws, validity of documents and recording of transactions in projects and programmes Environmental compliance The enforcement of environmental legislation, treaties, legislation and international agreements by entities responsible for environmental compliance International credit Adherance of internationally funded projects to international auditing standards and procedures; audit of cash flows, contract compliance, internal control evaluation Internal control Infrastructure investment Strengths and weaknesses of the internal control system The technical and administrative activities of entities responsible for public works; coherence of public procurement process; proportionality and justification of any changes to original objectives; legal and regulatory compliance Accounting processes relate to contractual arragements with officials, remuneration and benefits Remuneration and personnel management controls IT systems Verifies the opportunity, quality and reliability of the information maintained by public entities; compliance with ICT relevant regulations A comprehensive type of audit that encompases transactional, remuneration and personnel management control and infrastructure audits, etc. Integral audit Source: Based on interviews with the CGR. The CGR conducted, on average, 1 100 ex post audits annually between 2008 and 2012, peaking at approximately 1 550 in 2008 and declining to approximately 900 in 2012 (Figure 1.4A). In 2012, the CGR audited 747, or approximately 33.8% of all central government public entities, and 449, or approximately 55.5% of all municipal entities (Figure 1.4B-C). “Transactional” audits are by far the dominant audit assignment conducted by the CGR, and account for 60% of all ex post audit assignments (Figure 1.4D). As a result of a process of continuous improvement, a number of changes were introduced in 2010 to standardise ex post audit processes and guarantee standards of quality. These included sample methodology, standard tests per audit type and the incorporation of the Integrated System for Audit Control (Sistema Integrado para el Control de Auditorías, SICA). A greater depth of the analysis was achieved, with an overall increase of the number of hours per audit and an overall reduction of the total number of ex post audits conducted. Figure 1.4. Office of the Comptroller General of the Republic of Chile’s ex post audit assignments A. Number of audits (2007-12) 2 000 1 500 1 000 500 0 2007 2008 2009 2010 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2011 2012 60 – 1. CHILE’S SUPREME AUDIT INSTITUTION Figure 1.4. Office of the Comptroller General of the Republic of Chile’s ex post audit assignments (cont.) B. Central public entities audited (% coverage over total entities) 2007 2008 2009 2010 2011 2012 100 80 60 40 20 0 Ministries, Centralised Decentralised Public departments services services enterprises and regional secretariats Public universities Public hospitals Tribunals Other central entities TOTAL CENTRAL C. Municipal public entities audited (% coverage over total entities) 2007 2008 2009 2010 2011 2012 100 80 60 40 20 0 Municipalities Municipal Municipal health corporations and departments foundations Municipal education departments Cemeteries Othermunicipal entities TOTAL MUNICIPAL Note: In 2010 there was a change in the criteria followed by the CGR vis-à-vis the coverage of municipal audits, based on risk and relative importance criteria. As a result, the total number of entities was reduced from 9 063 in 2008 to 589 in 2010, and the percentage coverage as a result is higher. D. Types of audits, 2012 Audits of transactions Audits of international loans and grants Audits of infrastructure investment Audits of programmes and projects Audit on remuneration and human resource management Integral random audits (AIA) Audits of environmental compliance Other Audits of information and communication technology Note: The reference to tribunals refers to the CGR’s audits of the use of bank accounts by the courts to receive payments (e.g. bails, fines, deposit, guarantees, etc.) and pay back that money as may be appropriate. The CGR does not audit the judiciary. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 61 Source: Adapted from CGR (2008, 2009, 2010, 2011, 2012, 2013), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. The CGR may undertake special investigations to examine matters that have been reported by citizens, public officials and members on Congress or officials of the CGR themselves (Figure 1.5). Figure 1.5. Office of the Comptroller General of the Republic of Chile’s special investigations A. Total number 5 000 4 000 3 000 2 000 1 000 0 2007 2008 2009 2010 2011 2012 B. According to party initiating the special investigation Congress Other (executive authorities, citizens, internal CGR requests) 100% 80% 60% 2 063 3 799 528 502 792 2 802 40% 20% 233 266 0% 2007 2008 144 2009 156 101 2010 2011 164 2012 Note: As of 2010, the CGR differentiates between “low complexity investigations” coded as ARA and special investigations, coded as INVE, for the purposes of proper monitoring of time and effort and quality control. Source: Adapted from CGR (2008, 2009, 2010, 2011, 2012, 2013), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. As part of its fiscalization role, the CGR may also undertake disciplinary action (procedimientos disciplinarios) on the public entities subject to its control, in order to establish facts and determine, if applicable, administrative responsibility of civil servants. Displinary actions can be of two types: administrative matters and special procedures as they relate to violations in the use of official vehicles (as regulated by Decree Law 799/1974). Disciplinary procedures on administrative matters include, among others, infringements of active and passive transparency requirements under the Transparency and Public Access to Information Law (Law 20 285, Art. 49). The CGR’s administrative disciplinary procedures for infringements of the Access to Information Law are based on an agreement between the CGR and the Council for Transparency (Consejo para la Transparencia). This council is a constitutionally autonomous body created by the Transparency and Public Access to Information Law. The council is tasked with: i) promoting the principle of transparency and expanding the right of access to public information; ii) guaranteeing the right of access to public information by ensuring its accessibility, enforceability and availability, and supervising the performance of the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 62 – 1. CHILE’S SUPREME AUDIT INSTITUTION duties on transparency; and iii) improving regulation of transparency and the right of access to information. A key difference between administrative matters and disciplinary procedures is that when instructing the latter, the CGR may directly impose sanctions. The CGR’s accounting function includes setting public accounting standards and preparing the consolidated general government accounts The CGR is responsible for establishing public sector accounting standards for all public entities. The CGR Organic Law establishes that the Comptroller General may propose to the President of the Republic provisions that it considers necessary to establish and standardise the accounting methods and procedures of public entities under its oversight (Law 10 336, Art. 20). This is reaffirmed in the State Financial Administration Organic Law (Decree Law 1 263/1975, Arts. 63-68). The arrangements for setting public sector accounting standards in Chile is different compared with the benchmark countries and many OECD countries (Tables 1.8 and 1.9). The majority of OECD countries locate responsibility for setting public sector accounting standards in the central budget authority or finance ministry. In a number of countries, however, the SAI participates in an advisory body to the central budget authority or finance ministry on the accounting standards (e.g. Denmark, European Court of Auditors, Portugal and South Africa) or provides an opinion on the standards themselves (e.g. Costa Rica, Korea and Spain). Indeed, the Lima Declaration notes that accounting standards should only be adopted after agreement with the SAI (INTOSAI, 1977, Section 12). Table 1.8. Responsibility for setting public sector accounting standards in Chile and selected countries Central budget authority/finance ministry Central budget authority/ finance ministry with recommendations of advisory board Independent board appointed by central budget authority/ finance ministry Public-private sector standards body Other Costa Rica, Italy, Peru, Spain Denmark, Korea Portugal, South Africa Australia, European Court of Auditors Brazil, Chile, Mexico Notes: Australia: The Australian Accounting Standards Board covers both the private sector and the public sector; the separate Public Sector Accounting Standards Board and the former Australian Accounting Standards Board were merged in 2000. Brazil: The Brazilian Institute of Chartered Accountants (Conselho Federal de Contabilidade) sets Brazilian public sector accounting standards and the National Treasury Secretariat sets accounting standards aiming to guide the local and central governments to provide information for the consolidation of accounts. Chile: Office of the Comptroller General of the Republic. Denmark: In 2008, the government of Denmark established an advisory committee, on the suggestion of the National Audit Office of Denmark, to guide the Minister of Finance on the development and maintenance of governmental accounting. The committee includes representatives of the National Audit Office of Denmark. Israel: Israeli Government Accounting Standards Board. Korea: Ministry of Strategy and Finance with advice from National Accounting System Deliberation Committee. Mexico: National Council for the Harmonisation of Accounts comprised of 13 members of the 3 levels of government with responsibility for establishing parameters (guidelines) that must be adopted for public accounting based on best international practice. Peru: Dirección Nacional de Contabilidad Pública. Portugal: Comissão de Normalização Contabilística since 2012; previously this task was committed to a specific body dedicated to public accounting setting (CNCAP). South Africa: Accounting Standards Board, constituted jointly by Institute of Public Finance and Auditing, South African Institute of Chartered Accountants, the Auditor-General of South Africa and the Department of State Expenditure. The Office of the Accountant General issues a preparation guide on financial statements to be adopted by government departments per financial year. Source: Adapted from OECD Budget Practices and Procedures Survey, Q. 63 “How are the technical standards for the budget and related documents and the technical accounting standards for financial statements CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 63 determined?”; OECD (2013), “Countries’ responses to the 2013 Accruals Questionnaire”, 13th Annual OECD Public Sector Accruals Symposium, Paris, 7-8 March. Table 1.9. Role of supreme audit institution in setting public sector accounting standards in Chile and selected countries Sets standards Participates in advisory board Provides commentary on standards No role Chile Denmark, European Court of Auditors, Portugal, South Africa Costa Rica, Korea, Spain Australia, Brazil, Israel, Italy Notes: Australia: The Australian National Audit Office provides comments on exposure drafts to the Australian Accounting Standards Board to share a public sector view. This typically occurs through the Australasian Council of Auditors-General, which represents auditors-general of various audit jurisdictions across Australia, New Zealand, Fiji and Papua New Guinea. By convention, a member of the Australasian Council of Auditors-General has also held a membership position of the Australian Accounting Standards Board. Government entities are required to comply with Australian Accounting Standards as well as the Finance Minister’s Orders. The Finance Minister’s Orders are a legislative instrument which sets additional reporting and disclosure requirements for Commonwealth government entities. The Finance Minister’s Orders are issued by the Finance Minister with support from the Department of Finance and Deregulation. The Australian National Audit Office provides feedback and comments on draft changes to the Finance Minister’s Orders. Costa Rica: According to Article 93 of Act 8 131, the Ministry of Finance must prepare and propose the government accounting standards, the SAI must issue an opinion regarding the proposal. Denmark: In 2008, the government of Denmark established an advisory committee, on the suggestion of the National Audit Office of Denmark, to guide the Minister of Finance on the development and maintenance of governmental accounting. The committee includes representatives of the National Audit Office of Denmark. European Court of Auditors: The European Court of Auditors is an observer in the committee advising the Accounting Officer on the accounting rules. The accounting rules are based on International Public Sector Accounting Standards. Korea: Each public entity shall ask the Korean Board of Audit and Inspection for an opinion on a bill or draft decree enacting, amending or repealing a law or decree concerning the accounting of the state; enacting, amending or repealing a law or decree concerning the bookkeeping of receipt or decree concerning the bookkeeping of receipt or disbursement of cash, articles and securities of the state; enacting, amending or repealing a law or decree which may affect the powers of the Korean Board of Audit and Inspection, for instance, relating to the interpretation of accounting laws or decrees (Korean Board of Audit and Inspection Act, Art. 49). Portugal: The Portuguese Court of Audit is represented in the national Commission for Accounting Standardisation which has the mission of issuing rules, opinions and recommendations, in the accounting domain, to private sector and public sector entities, in order to establish and ensure accounting procedures harmonised with European and international rules of the same nature, thus contributing to the development of high-quality standards of financial information and reporting. South Africa: The Public Finance Management Act, Section 87, establishes an Accounting Standards Board to set the accounting standards for the public sector. It stipulates that the Minister of Finance must consult the Auditor-General of South Africa when appointing members and the chair of the Accounting Standards Board; and establishes regulations concerning the standards set by the Accounting Standards Board, as well as the qualifications, remuneration and tenure of members of the Board. At present the Auditor-General of South Africa is one of the ten members of the Accounting Standards Board. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 7. In addition, the CGR manages the National General Accounting System (Sistema de Contabilidad General de la Nación, SICOGEN). Through SICOGEN, the CGR receives and validates monthly accounting reports of public entities and municipalities and conducts analysis of the information’s compliance with the CGR’s accounting regulations. SICOGEN co-exists with the State Financial Management Information System (Sistema de Información para la Gestión Financiera del Estado, SIGFE) operated by the Ministry of Finance’s Budget Directorate. The creation of SIGFE was intended to merge the government’s then budgeting control system (Sistema de Información de la Administración Presupuestaria, SIAP) and SICOGEN as the two systems were CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 64 – 1. CHILE’S SUPREME AUDIT INSTITUTION duplicative of one another and not integrated with those subsidiary systems in the public sector entities (World Bank/IADB, 2005). However, SIGFE did not ultimately merge these two systems and in fact, SIGFE does not include information at the municipal level. The co-existence of SIGFE and SICOGEN meant that until 2008, public entities reported different types of information to the Budget Directorate and the CGR. As of 2008, however, the CGR eliminated this requirement and used directly the information collected by SIGFE. However, while the base figures are the same, there are some differences in methodology, coverage and frequency of the Budget Department’s (Dirección de Presupuestos, DIPRES) and the CGR’s information which makes cross-checking and reconciliation difficult. The CGR is in the process of developing a new system, SICOGEN II. This system will seek to complement, rather than substitute SIGFE by: i) using it as a key information provider; and ii) including municipalities, public corporations and universities (currently not covered by SIGFE). The information it generates will be shared with the executive. It should be noted that fiscal policy is reported and assessed on the basis of fiscal statistics collected through SIGFE and classified by the Ministry of Finance broadly following the directions of the IMF 2001 Handbook of Fiscal Statistics. The classification for accounting and fiscal statistics are different from one another and it is very difficult to trace one set of accounts to the other. Fiscal statistics are not subject to audit by the CGR and are published under the authority of the Ministry of Finance alone. Chile is introducing International Public Sector Accounting Standards (Normas Internacionales de Contabilidad del Sector Público, NICSP in Spanish) a process which began in 2011 and is expected to be completed in 2015. The CGR also prepares the consolidated general government accounts and makes them publically available in May each year, i.e. five months after the end of the fiscal year. The CGR’s consolidated government report, Informes de Gestión Financiera del Estado, includes the budgetary position, financial position and balance sheet of the general government sector (Law 10 336, Art. 144; Decree Law 1 263/1975, Art. 69). The CGR Organic Law establishes that the Comptroller General must provide the President and both houses of Congress, no later than April of each year, with the year-end consolidated government report. This report is to include the budgetary, financial and property of the state for the previous fiscal year (Law 10 336, Art. 142). During 2012, the CGR received 11 500 monthly accounting and budget reports, of which the CGR has objections to 1-2% of information related to public services and objections to 10-15% of the information related to municipalities. Any objections by the CGR to the accounting information received must be addressed by the public entities. More recently, the CGR has sought to redesign its accounting function from that of collection of information to place greater emphasis on the production of reports containing consolidated information. For example, in 2011 the CGR began producing reports focusing on the structure and financing of the higher education sector and public universities (CGR, 2011a; 2012b). Chapter 2 discusses these reports in more detail. The CGR’s judicial function establishes civil responsibility of public officials in the case of non-compliance with government regulations related to the use of public funds The Constitution (Art. 98) gives the CGR authority to examine and judge the accounts of individuals in charge of public resources under the Comptroller General’s oversight, with the purpose of assesing any civil responsibility over the loss of all or part CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 65 of the assigned public resources. If an ex post audit assignment or special investigation gives rise to any objection (reparo), this will be transferred, at the request of the relevant division head or regional comptroller, to the Tribunal of Accounts (Tribunal de Cuentas), an independent court located within the organisational structure of the CGR. The objection must clearly identify the defendants, outline the facts and the legal basis for the trial and state the proposed settlement (Law 10 336, Art. 107b). The CGR Organic Law provides the legal rules for the trial of accounts, including the appeal of the tribunal’s decision (Law 10 336, Arts. 95-130). The existence of the judicial function is similar to the SAI of Brazil, Costa Rica, Italy, Portugal and Spain (Table 1.10). Table 1.10. Existence of judicial powers of supreme audit institutions in Chile and selected countries Yes No Brazil, Chile, Costa Rica, Italy, Portugal, Spain Australia, Denmark, European Court of Auditors, Israel, Korea, Mexico, Peru, South Africa The Deputy Comptroller General serves as the judge of the Tribunal of Accounts of the First Instance. The Comptroller General and two lawyers appointed by the President of the Republic on the proposal of the Comptroller General serve as the judges in the Tribunal of Accounts of the Second Instance. Throughout the trial of accounts, the patrimonial interests of the state are represented by the CGR Prosecutor (Fiscal). The trial process begins with the public official being notified of the case and the opportunity to respond to the allegation. The public official is obliged to answer the allegation within 15 days from the time of the notification. The reply must be accompanied by all documents the defendant deems appropriate for his/her defence. If the objections are not answered within the statutory period, the judge of first instance will declare default ex oficio solely through the certificate that will be issued by the clerk of the court, unless it decides to grant extension of the time. After the Tribunal of Accounts of the First Instance has concluded its verdict, the public official and/or the CGR Prosecutor may appeal the decision to the Tribunal of Accounts of the Second Instance within 15 days. The number of cases examined by the CGR’s Tribunal of Accounts has increased steadily since 2007, following the introduction of new internal operating procedures (Figure 1.6). Chapter 5 discusses the introduction of new internal operating procedures within the CGR. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 66 – 1. CHILE’S SUPREME AUDIT INSTITUTION Figure 1.6. Cases entering the Office of the Comptroller General of the Republic of Chile’s Tribunal of Accounts According to level of government National (central) administration Municipal administration 200 150 100 50 0 2007 2008 2009 2010 2011 2012 Source: Adapted from CGR (2008, 2009, 2010, 2011, 2012, 2013), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. The CGR plays a formal role in guiding public sector internal audit units, though this function is shared with the Council of Government’s General Internal Auditors The CGR Organic Law (Law 10 336/2009, Art. 18) states that each public sector entity under the control of the CGR must establish an internal audit unit with a broad mandate to evaluate the level of economy, efficiency and effectiveness of the use of public resources and achievement of the institution’s objectives. Moreover, the CGR Organic Law (Law 10 336, Art. 18) and the Organic Law on the State Financial Administration (Decree Law 1 263) states that the CGR is responsible for supervising and guiding the activities of internal audit units within public entities. The role of the CGR in guiding public sector internal audit is similar to the SAIs of Costa Rica, Denmark and Portugal (Table 1.11). In other benchmark countries, this function is fulfilled by other parts of the administration like Brasil, Italy or Mexico (Table 1.12). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 67 Table 1.11. Role of supreme audit institutions in co-ordinating public sector internal audit in Chile and selected countries Yes No Chile, Costa Rica, Denmark, Korea, Portugal Australia, Brazil, European Court of Auditors, Italy, South Africa, Spain Notes: Chile: The Office of the Comptroller General of the Republic of Chile Organic Law (Law 10 336, Art. 18) and the Organic Law on the State Financial Administration (Decree Law 1 263) state that the Office of the Comptroller General of the Republic is responsible for supervising and guiding the activities of internal audit units within public entities. Costa Rica: The Act on Internal Control assigns a leading (rectory) role to the Comptroller General of the Republic on internal audits of all public institutions. The rectory is performed by issuing regulations for internal audits and reviewing internal audit work plans. Denmark: It is clarified in the Auditor Generals Act (2012) § 9 that the Auditor-General can arrange audit tasks with internal audit bodies in the ministries or other administrative entities. This paragraph is vividly used and the National Audit Office of Denmark depends on well conducted audit of the internal audit entities to ensure a qualified final audit in all its audit products. The National Audit Office of Denmark also co-operates with the Institute of Internal Auditors and has hosted two national conferences on “Trends in the Development of Public Audit” and “The Value of Public Sector Auditing”. The National Audit Office of Denmark has created a website directed at internal public auditors. Korea: The Board of Audit and Inspection may provide necessary support for the development of internal audit and inspection work and efficient conduct of audit and inspection work. The heads of central government agencies, metropolitan governments and provincial governments, and government-invested organisations shall, if necessary, in order to avoid duplication of audit and inspection, discuss their audit and inspection plans with the Board of Audit and Inspection. The Board of Audit and Inspection may, when it is recognised that the head of the internal audit and inspection unit of an organisation under the provisions of §2 is markedly negligent of audit and inspection work, recommend his replacement to the appointing authority or the appointment recommending authority concerned (Board of Audit and Inspection Act, Art. 30-2). Portugal: Under the law, the internal control departments of the public administration are bound to inform the court of their activity plans and reports and send it their actions reports whenever they may be of interest to the court. The President of the Court may also meet with the inspector generals and auditors of the public administration in order to promote the exchange of information on the activity plans of the court and the internal control departments and the harmonisation of internal and external control criteria. Members of the Court’s staff provide training to public officials on several matters related to public management, such as public procurement, local indebtedness, public management control, or ethics and deontology in public services. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 8. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 68 – 1. CHILE’S SUPREME AUDIT INSTITUTION Table 1.12. Institutions’ arrangements for internal audit within the public administration in Chile and selected countries Country Australia Brazil Chile Existence of internal audit units within public entities Yes Centralised within the Office of the Comptroller General for direct administration; individual audit units exist for indirect administration Yes, internal audit units Existence of audit boards/audit committees Yes No No Existence of separate financial inspection body No No No Costa Rica Denmark Israel Italy .. Yes, but only in some public entities Every public body Yes, provided by independent performance evaluation bodies No No No No No No No Ministry of Economy and Finance; State General Accounting Department (central); territorial accounts offices (regional) Korea Mexico Peru Internal audit units Internal control offices Yes, institutional control bodies – some in the Office of the Comptroller General and in some public entities All ministries and most of the public sector, except for smaller entities Yes Yes No No No No No No General Inspectorate of Finance, Ministry of Finance No General Control and Audit Office (IGAE) for central administration, separate general control and audit offices for autonomous communities and local authorities Portugal South Africa Spain Yes No No Internal audit co-ordination body None Secretariat of Federal Internal Control, Office of the Comptroller General of the Union (CGU) Office of the Comptroller General of the Republic (CGR); Council of Government’s General Internal Auditors (CAIGG) Office of the Comptroller General of the Republic National Audit Office of Denmark .. Independent Commission for the Evaluation, Integrity and Transparency of Public Administration (CIVIT); Ministry of the Economy and Finance; State General Accounting Department Board of Audit and Inspection Ministry of Public Administration Office of the Comptroller General of the Republic Internal Audit Co-ordination Council .. General Control and Audit Office (IGAE) Notes: ..: Not available. Financial inspection is usually understood as an ex post control activity exercised by either inspectors of a centralised control body, who are independent from the entity they inspect, or inspectors working in a separate unit of the entity they inspect. The aim of the financial inspection is to rectify major irregularities and dysfunctions and to impose administrative sanctions. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 69 Denmark: An internal audit unit may be organised by agreement between the minister concerned and the Auditor-General (Section 9 of the Auditor General Act, hence commonly known as a “Section 9 agreement”) for individual institutions, or for institutional or management areas. Internal audit extends to several ministerial remits at different levels, including the following: Ministry of Finance; Ministry of Defence; Ministry of Food, Agriculture and Fisheries; Ministry of Taxation; Ministry of Justice; and Ministry of Transport. The duties which internal auditors carry out and the part of the group concerned which is covered by the audit differ from ministry to ministry. In the Ministry of Finance internal auditors audit all the group’s agencies, whereas in some other ministries internal audits are more focused both in terms of the areas audited and the project portfolio. The following section is primarily based on how internal audits are carried out in the Ministry of Finance. Italy: The Italian public administration has not developed a legal basis for an internal audit in the strict sense of the term. Nevertheless, many of the tasks that are part of an internal audit, above all financial and accounting activities, are performed by the offices of the Ministry of the Economy and Finance (central accounts offices and territorial accounts units), with the aim of increasing the efficiency and efficacy of public expenditure. No laws or regulations refer to internal audits and no apparently equivalent terms indicate the function of internal audit in the strict sense of the term. This applies particularly to the central administrations of the state (ministries, the Prime Minister’s Office, etc.). Portugal: The Internal Audit Co-ordination Council is chaired by the director of the Ministry of Finance’s internal audit unit and its members are the directors of other line ministries’ internal audit units (second level). The council consists of 15 members, which is the current equivalent to the number of ministries. Source: Adapted from European Commission (2011), Compendium of the Public Internal Control Systems in the EU Member States, 2012, European Union, Brussels. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 70 – 1. CHILE’S SUPREME AUDIT INSTITUTION In 2012, the CGR created an online Portal for Internal Audit Units (Portal para las Unidades de Auditoría o Control Interno) in order to support communications and share information with internal auditors in the central and municipal government. The portal serves both as a means of CGR communication and information sharing and also a means for discussion and knowledge sharing among internal auditors. For example, the portal makes available CGR news, determinations, court of accounts’ decisions regarding the actions of internal auditors, frequently used norms, accounting norms, INTOSAI norms, documents of interest, and a directory of approximately 1 000 government internal auditors. In addition, the portal includes a discussion forum structured around four themes: i) matters spanning across levels of government; ii) matters related to the central government sector (i.e. ministries, agencies and public enterprises); iii) matters related to the municipal sector; and iv) matters related to public sector accounting. The CGR’s responsibilities for internal audit are shared with the Council of Government’s General Internal Auditors (Consejo de Auditoría Interna General de Gobierno, CAIGG), located under the Ministry of Finance. The CAIGG was established in 1997 by Supreme Decree 12 as an advisory body to the President of the Republic to co-ordinate the internal control and internal audit system of central public entities. The CAIGG is responsible for proposing policies, plans, programmes and internal control measures for the public administration and individual public entities to strengthen management practices. The function of the CAIGG was broadened in 2005 to incorporate promoting integrity and transparency as well as the prevention of corruption,1311 reflecting the government’s adoption of the Inter-American Convention against Corruption and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The CAIGG is composed of the General Council, Technical Advisory Committee (Comité de Asesoría Técnica) and Executive Secretariat (Secretario Ejecutivo). The General Council consists of a group of six high-level public officials from the Ministry General Secretariat of the Presidency and the Ministry of Finance, plus the “Auditor-General” serving as executive secretary. The Technical Advisory Committee is made up of the internal auditors from every government ministry and is chaired by the Auditor-General. In 2012 the CGR began working with the CAIGG in response to concerns of overlapping and sometimes differing obligations and tools for the internal audit units to follow. For example, the CGR and CAIGG have established different guidelines for the formulation of risk matrices by the internal audit units. The CGR has established an internal working group to facilitate closer co-ordination and collaboration with the CAIGG. Chapter 4 discusses the interaction between the CGR and internal audit. The CGR plays an important role in the overall anti-corruption efforts in the public sector, including both prevention and detection of fraud and corruption The CGR is widely recognised as playing a significant role in Chile’s overall integrity and anti-corruption efforts. Similar to the SAI of Israel (Table 1.13), this notion is not part of a formal national strategy but rather an expression of the CGR’s independence and its mandate. Moreover, the CGR recognises and partners with a number of public entities and autonomous institutions that play complementary roles in this regard, including the Council for Transparency (Consejo para la Transparencia), the Public Prosecutor (Fiscalía), SEGPRES or the Chamber of Deputies. As an expression of this commitment, CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 71 the CGR has led a horizontal collaboration and information sharing project with the Public Prosecutor and the State Defence Council (Consejo de Defensa del Estado) – in order to facilitate the detection and enforcement of corrupt practices within the public sector. The CGR helps to detect administrative, civil and criminal misconduct through its audit work and to bring this to the attention of the State Defence Council or the Public Prosecutor. The CGR also supports the work of these other bodies through its role in processing and storing public officials’ disclosures of incomes and assets. In addition, the CGR participates in the internal government committees for the Open Government Partnership, Mechanism for Follow-Up on the Implementation of the Inter-American Convention against Corruption and Asia Pacific Economic Co-operation. Table 1.13. SAIs playing a formal role in national anti-corruption strategies in Chile and selected countries Yes No Brazil, Chile, Costa Rica, European Court of Auditors, Italy, South Africa Australia, Denmark, Israel, Korea, Portugal, Spain Notes: Brazil: The National Strategy for Combating Corruption and Money Laundering involves approximately 60 public entities and civil society organisations, directly or indirectly, in preventing and combating corruption and money laundering. The Court of Accounts is an active member of the National Strategy for Combating Corruption and Money Laundering and is responsible or participates in several actions. Costa Rica: The Comptroller General of the Republic, the Office of Ethics and the Costa Rican Institute on Drugs, have an anti-corruption agreement that defines the national strategy on the topic. European Court of Auditors: Formalised in the Stockholm Programme, one of the ECA’s tasks is to carry out screenings of the major antifraud and corruption legislation and systems to ensure that they provide adequate protection against fraud and corruption and do not open up opportunities for fraud within the EU. Israel: Although the State Comptroller and Ombudsman considers itself a leading force in the fight against corruption, that notion is not part of a national strategy but rather an expression of the State Comptroller’s independence. According to its mandate set by law, the State Comptroller examines, inter alia, the legality, moral integrity and orderly management of the audited bodies; so the fight against corruption is part of the SAI’s ongoing audit function. Accordingly, the State Comptroller and Ombusdman institution has conducted a number of audits which led to criminal proceedings (by the Attorney General) against prominent public figures for acts of corruption. Moreover, the State Comptroller also serves as Israel’s Ombudsman (Public Complaints Commissioner). Under this capacity, he may investigate a complaint by a whistle-blower – an employee of an audited body about an injurious act by which his superior reacted to his reporting of any acts of corruption committed in the body in which the complainant is employed. The Ombudsman may make any order he deems right and just, including a provisional order, to protect the rights of the employee, having regard to the proper functioning of the body in which he is employed. Where the complaint relates to the dismissal of the employee, the Ombudsman may order revocation of the dismissal or the award of special compensation to the employee, in money or in rights. The Ombudsman may order the transfer of the employee to another post in the service of his employer. The same applies to a complaint by an employee who is an internal auditor in an audited body, relating to his removal from that post or to an act contrary to the provisions of any law, regulation or agreement, which is directly injurious to or directly withholds a benefit from the complainant and which was committed by his superior in reaction to his activities in fulfilling his duty. South Africa: The Auditor-General of South Africa participates in relevant anti-corruption forums and co-ordinating bodies. The Auditor-General of South Africa has also entered into memorandums of understanding with key institutions charged with fighting corruption. One of the Auditor-General of South Africa’s strategic goals is, through leadership interaction, to facilitate insight by those charged with governance into the extent to which poor internal controls and unaddressed risk areas are potential breeding grounds for fraud and corruption. The Auditor-General of South Africa’s role with regard to the training of senior government officials is limited to providing training material to the government training authority on the role, functions and value-added role of the Auditor-General of South Africa. With regard to the training of members and staff of legislatures, the Auditor-General of South Africa annually participates in training interventions, focusing on training in the utilisation of audit reports for effective oversight, as well as good governance principles. Spain: The SAI of Spain does not have a formal role in national anti-corruption strategies; it is an expression of the SAI’s independence and mandate. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 11. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 72 – 1. CHILE’S SUPREME AUDIT INSTITUTION The CGR is responsible for adopting measures to ensure the obligation of presenting the declaration of assets and private interests by public officials, as well as the adequate and timely procedures of information. Approximately 17 500 public officials are required to submit online declarations of private interests within the national (central) government of Chile. The location of this responsibility within the SAI in Chile is similar to that in Costa Rica, Israel and Italy (Table 1.14). In other countries the responsibility lies with the central authority for the public administration, e.g. the Australian Public Service Commission, the Ministry of Public Administration and Security in Korea, the Ministry of Public Administration in Mexico, the Ministry for Finance and Public Administration in Spain. The CGR verifies that disclosure forms were submitted and that the necessary information was provided by public officials. Failure to submit information, the late submission of information and submission of false information is subject to criminal and administrative disciplinary procedures. Both the remuneration of civil servants and the income and asset disclosures are public. Table 1.14. Role of supreme audit institutions in the development and maintenance of public officials’ private interest (income and asset) disclosures in Chile and selected countries Yes No Chile, Costa Rica, Israel Australia, Brazil, Denmark, European Court of Auditors, Italy, Korea, Portugal, South Africa, Spain Notes: Australia: The Australian Public Service Commission, in consultation with public entities, develops broad policy guidance on private interest disclosures. Chile: The Office of the Comptroller General of the Republic is responsible for adopting measures to ensure the obligation of presenting the declaration of interests by public officials, as well as the adequate and timely procedures of information sharing. Costa Rica: Every year, public officials must provide the Office of the Comptroller General with a sworn statement of their personal assets and liabilities (required by the Law against Corruption and Illicit Enrichment in Public Sector 8 422). Denmark: Responsibility of the Prime Minister’s Office. Israel: Since 1977, the State Comptroller and Ombudsman provides independent oversight of income and asset disclosures made by public officials, namely ministers (including the Prime Minister) and deputy ministers. The norms used by the State Comptroller and Ombudsman in fulfilling this task were updated in 2003 when the government promulgated the Rules for the Prevention of Conflicts of Interest by Ministers and Deputy Ministers. The application of those rules is reviewed by the State Comptroller, who is authorised to notify the Knesset if the rules have been breached. Each minister and deputy minister must submit to the State Comptroller, upon entering office and each year, a declaration on their income, assets, occupations and functions. The rules impose duties and limitations regarding the above, and the State Comptroller is charged with examining compliance. Italy: Department for Public Administration. Korea: Ministry of Public Administration and Security. Mexico: Ministry of Public Administration. Portugal: Constitutional Court. Spain: Conflicts of Interest Office under the Ministry for Finance and Public Administration. Source: OECD (2012), Survey on Managing Conflict of Interest, OECD, Paris. In May 2011 the government of Chile introduced a Public Sector Integrity Bill to the Congress. The bill sought to strengthen existing regulations on public officials’ private interest disclosures. Moreover, the bill unified, in one statutory instrument, all requirements about public officials’ private interest disclosures that are currently contained in different regulations. According to the Public Sector Integrity Bill, the CGR is to be assigned oversight of the integrity and truthfulness of the content of the Declarations of Interests and Assets. The CGR does not have responsibility for auditing electoral/political financing as in the case of the SAI of Israel, Italy, South Africa and Spain (Table 1.15). However, there is reference to the role of the CGR in electoral financing (see Article 28 of Law 19 884 on Transparency, Boundary and Electoral Expenditure Control). In fact, the CGR can perform in situ audits, complementing the audit of formal aspects conducted by the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 73 Electoral Service (SERVEL), and has exclusive authority to enforce the administrative responsibility and corresponding sanctions relating to infranctions of the electoral law, although no cases have been noted to date. Table 1.15. Role of supreme audit institution in auditing political financing in Chile and selected countries Yes No Denmark, Israel, Italy, South Africa, Spain Australia, Brazil, Chile, Costa Rica, European Court of Auditors, Peru, Portugal Notes: Denmark: There is no specific authority in Denmark entrusted with monitoring the adherence to political financing rules by political parties, related entities or election candidates and there is no public authority established to check the relevant accounting records of such entities and persons. However, the National Audit Office of Denmark examines the soundness of all state accounts, i.e. checks that they are without significant errors and deficiencies and this office is, according to the Finance Act (Section 7c), authorised to demand accounting records from the beneficiary parties that have received public funding in order to examine how such funding has been spent. Israel: Parliamentary groups are subject to year-round monitoring by the Office of the State Comptroller. Italy: Shared with the Commission for the Control of Election Expenses. In law, the presidents of the chambers and the Court of Accounts analyse the political economy through the annual reports provided by parties, which includes the sources of financing. This system of audits for a political party is limited to a control upon the formal compliance of reports with the requirements of the law (controllo di legittimità) and not upon the merit (controllo di merito). South Africa: “The Auditor-General may at any time audit any political party’s books and records of account and financial statements relating to money allocated to the party from the Fund” (Public Funding of Represented Political Parties Act, Art 6.6). Spain: The Court of Accounts is endowed with general authority to monitor political financing. This responsibility is shared with the relevant audit institutions of the autonomous communities with respect to elections to regional parliaments. Furthermore, pursuant to Article 132 of Organic Law 5/1985 on the General Election Regime, election commissions (see §14) are also entrusted with certain oversight tasks during election campaigns. The supervision performed by the aforementioned institutions is not only of a formal, but also of a material, nature. In this connection, the responsible supervisory bodies are vested with wide investigative powers to call for all necessary documents to verify that the funding received by political parties (whether from public or private sources) complies with the legislation in force (Art. 132 and 134, Organic Law 5/1985 on the General Election Regime; Art. 19, Organic Law 8/2007 on Political Parties Funding). Source: Adapted from International IDEA Political Finance Database, Question 41 “Is it specified that a particular institution(s) is responsible for examining financial reports and/or investigating violations?”, www.idea.int/political-finance/question.cfm?id=294. Independence SAIs can accomplish their tasks objectively and effectively only if they are independent of the entities that they audit and are protected against outside influence. This is explicitly recognised in the International Standards of Supreme Audit Institutions, specifically the “Lima Declaration of Guidelines on Auditing Precepts” and the “Mexico Declaration on SAI Independence” (INTOSAI, 1977; 2010a). These declarations draw attention to organisational, functional and administrative dimensions of independence. Organisational independence is closely related with the SAI leadership – i.e. the SAI head or members of collegial institutions – including security of tenure and legal immunity in the normal discharge of their duties. Functional independence requires that SAIs have a sufficiently broad mandate and full discretion in the discharge of their assignments, including unrestricted access to information and powers of investigation. Functional independence also requires that SAIs have the freedom to plan audit work, to decide on the content and timing of audit reports, and to publish and disseminate them. Administrative independence requires that SAIs be provided with appropriate human, material and monetary resources as well as the autonomy to use these resources as they see fit (INTOSAI, 1977; 2010b). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 74 – 1. CHILE’S SUPREME AUDIT INSTITUTION The CGR has a high level of independence, specified in the Constitution and the institution’s organic law (Law 10 336). Chile’s Constitution establishes the conditions for the appointment, term and removal of the Comptroller General. The Constitution provides a relatively long term for the Comptroller General, though it has been reduced from life to an eight-year fixed-term with the aim of supporting the institution’s renewal. The CGR Organic Law establishes a number of guarantees of the functional independence of the Comptroller General, including powers to sanction public officials who do not comply with CGR request or that omit information in their response. The CGR also has the authority to decide upon the content and timing of its audit reporting, and may bring these reports to the attention of the Congress, the media or the general public as it deems appropriate. Finally, the CGR has significant administrative authority over its human resource and financial decision making, though the institution falls under the same legal framework and practices as the public administration. However, the CGR is not completely autonomous financially. The Comptroller General has responsibility for preparing the annual CGR budget within the amounts set in the General Budget Law (Ley General de Presupuestos). The CGR’s budget is formulated using the same policies and procedures as other public entities, similar to the SAI of Australia and Portugal (Table 1.17A) and submitted as a budget request to the Ministry of Finance (in particular, the DIPRES), for consideration. If there are any differences of opinion between the requested and allocated amounts, the Comptroller General can raise objections to the Congress Joint Budget Commission (Box 1.3). In Congress, the amount allocated by the DIPRES may be reduced or maintained, but, as with any other expense, the legislature cannot increase the allotment presented by the DIPRES. A higher level of financial autonomy has been called for by the Follow Up Mechanism to the Implementation of the Interamerican Convention Against Corruption (MESICIC), in its meeting of September 2013. However, it is important to note that the experience of recent years is of mutual understanding and no major budgetary conflicts have been recorded. Recent amendments to the Constitution support institutional renewal while maintaining a high level of organisational independence A 2006 amendment to the Constitution changed the term of the Comptroller General to an 8-year fixed term with an automatic retirement at the age of 75 (Constitution, Art. 98, as amended by Law 20 050, Art. 144). Previously, the Comptroller General was appointed until mandatory retirement at 75 years of age. Life tenure was intended to reduce politicisation of the position of Comptroller General by ensuring tenure spanned across different administrations. However, many of Chile’s Comptroller Generals left office before retirement age (prior to the 2000s) or were appointed at an advanced age (since the 2000s) (Annex 1.A1). The use of a fixed-term, non-renewable term for the Comptroller General is similar to the SAIs of Australia, Israel and South Africa (Table 1.16). The eight-year term is the equivalent of two electoral terms for the lower house and one electoral term for the upper house of the Congress – slightly longer than in Peru and South Africa (1.4 electoral terms; unicameral) and Israel (1.75 electoral terms; unicameral) but less than Australia (3.3 electoral terms for the lower house and 1.7 electoral terms for the upper house). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 75 Box 1.3. Formulation of the annual budget of the Office of the Comptroller General of the Republic The formulation of the CGR’s budget begins at the end of March, at the initiation of the institution’s Finance Department. The budget is prepared based on historical expenditure information and proposed capital and ICT projects before the CGR receives an indicative budget ceiling from the Ministry of Finance’s Budget Office (DIPRES). Prior to 2011, the CGR reports that its division heads/regional comptrollers were not involved in the preparation of the budget. Upon receipt of the budget proposals from each division head and regional comptroller, the Finance Department prepares a preliminary draft budget for discussion internally with the General Secretary and Comptroller General in mid-June. It is around this time the CGR receives its indicative budget ceiling from the DIPRES. The CGR’s Finance Department, in co-ordination with the Comptroller General and the division heads/regional comptrollers, subsequently revises its budget and shares it with the DIPRES in mid-July. If the DIPRES’ indicative budget ceiling is less than the CGR’s budget request, the Finance Department separates and prioritises nonpersonnel expenditure and submits its budget to the DIPRES. Discussions between the CGR and the DIPRES take place in August and the CGR’s budget is transmitted to the Congress Joint Budget Commission in mid-October with the state budget bill. The CGR considers that the DIPRES’ approach in analysing the CGR’s budget varies between years. In recent years the CGR reports that the DIPRES has focused more on its budget. This attention has focused on three main topics: i) increase in the CGR’s personnel expenditure; ii) the CGR’s infrastructure and building renovation expenditure; and iii) the CGR’s ICT investments. In relation to infrastructure and ICT investments, the CGR reports that the DIPRES’ analysis has been very helpful to ensure that full consideration had been given to technical and financial issues and that adequate consideration had been given to maintenance costs, drawing upon the DIPRES’ expertise. If there are any differences of opinion with the DIPRES over the CGR’s budget, the Comptroller General can raise objections to the Congress Joint Budget Commission. In general, the Congress has increasingly supported the CGR in recent years following the improved performance of the institution. In 2012, the DIPRES challenged some of the CGR’s budget regarding investment, but Congress granted the full budget request. Source: Interviews with members of the Congress of the Republic of Chile, Ministry of Finance’s Budget Directorate, Office of the Comptroller General of the Republic. The Constitution requires that the Comptroller General be a lawyer by profession. Moreover, since 2006, the Comptroller General must be at least 40 years of age, have at least 10 years of experience as a lawyer and possess other necessary requirements to vote (Law 20 050/2006, Art. 1.44). The inclusion of selection criteria for the Comptroller General in the constitutional and statutory framework is similar to all of the benchmark SAIs involved in this peer review, experience, professional qualifications and age being the most common legislated selection criteria. Some countries also include character qualifications such for the SAIs of Brazil, South Africa and the European Court of Auditors (Annex 1.A3). Chile’s constitutional and statutory framework does not, however, establish any incompatibilities such as professional activities (in Brazil, Israel, Korea, Portugal, Spain and the European Court of Auditors) and membership in a political party (in Brazil, Israel, Korea and Portugal) (Annex 1.A3). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 76 – 1. CHILE’S SUPREME AUDIT INSTITUTION Table 1.16. Tenure of supreme audit institutions’ leadership in Chile and selected countries Tenure of leadership Country Head of organisation Fixed term, non-renewable (term in years) Fixed term, renewable (term in years) Australia Auditor-General Brazil 9 ministers, one of whom is elected internally as president for 1-2-year term Chile Comptroller General Costa Rica Comptroller General Denmark Auditor-General European Court of Auditors 28 members, one of whom is elected internally as president Israel State Comptroller Italy President Korea Chair 4 Open-ended 10 Mandatory retirement age (years) Not specified 8 (since 2006) ● 70 ● (prior to 2006) 75 6 Not specified 6+4 3 Not specified 7 .. ● 72-75 with extension 70 Commissioners 4 65 Mexico Superior-Auditor 8 No limit Peru Comptroller General 7 .. Portugal President 4 70 Members of Court Spain ● 12 members, one of whom elected internally as president for 3-year term South Africa Auditor-General 9 5-10 70 No limit Not specified Notes: ● = Yes; .. = Missing data; The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. For full notes see Annex 1.A2. South Africa: Although the current term is seven years, it could be anywhere between five to ten years. The Comptroller General has the prerogatives and legal protection enjoyed by members of the High Court (Tribunales Superior de Justicia) (Law 10 336, Art. 4). Members of the High Court may only be removed upon reaching the mandatory retirement age of 75 years, disability or by being deposed from their positions through a legal sentence (Constitution, Art. 80). The inclusion of criteria for the removal of the Comptroller General in the constitutional and statutory framework is similar to many of the benchmark SAIs (Annex 1.A4). These statutory safeguards have existed since the creation of the CGR in 1927. The Comptroller General has only been impeached once, in 1945, by the legislature for failing adequately to control the executive. The Comptroller General serves as a judge of the second instance of the Tribunal of Accounts – an independent court located within the organizational structure of the CGR along with two lawyers appointed by the President of the Republic on the proposal of the Comptroller General. It is recommended that the role and institutional set up of the Tribunal of Accounts be assessed with a view to ensuring its independence and avoid any CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 77 potential conflict of interest. This can be explored in drafting a new Organic Law, but its extensive analysis is beyond the scope of this study. The CGR Organic Law establishes a number of guarantees of the functional independence of the Comptroller General The CGR Organic Law provides the Comptroller General authority to deal directly with any public official or person who has an official relationship or has presented a petition to the CGR (Law 10 336, Art. 9). The Comptroller General may request public officials to provide all data and information and give instructions to public officials necessary for the effective performance of the CGR’s functions (Law 10 336, Art. 9). Failure to respond promptly to these requests may be penalised directly by the Comptroller General with the disciplinary measure of a fine of up to 15-day’s pay. The Comptroller General may suspend an official, without pay, responsible for withholding or omitting information until such time as the information or reports requested are delivered (Law 10 336, Art. 9). Moreover, the Comptroller General may directly or through CGR officials, request the mandatory assistance of the forces of law and order in order to carry out its functions in the same regard as the Ordinary Courts of Justice (Law 10 336, Art. 8). The norms that establish secrecy or confidentiality on certain matters do not prevent the CGR from being provided with the information or details that it needs in order to perform its functions. CGR officials are under the same obligation to preserve the confidentiality or secrecy of government information (Law 10 336, Art. 9). The CGR Organic Law establishes that the Comptroller General has the freedom to decide the content and timing of audit reports and to publish and disseminate them. The CGR Organic Law establishes that the Comptroller General may report on any other matter related, or potentially related, to the investment or promise of public funds, insofar as doubts arise with regard to the correct application of the laws concerned. However, the Comptroller General may not intervene or report on matters that by their nature are obviously litigious, or have been brought to the attention of the courts of justice, that are within the sphere of competence of the State Defence Council (Law 10 336, Art. 6). Moreover, the CGR Organic Law obligates the Comptroller General to prepare an annual report on the management of the institution during the previous year and to share the report with the President of the Republic and the Congress, no later than May each year. In relation to the CGR’s legal functions, legal opinions on matters within the institution’s sphere of competence are definitive (Law 10 336, Art. 5). The decisions and rulings of the CGR shall be the only means capable of validating matters related to Administrative Law (Law 10 336, Art. 6). The definitive rulings of the Comptroller General are not open to any appeal before governmental or administrative authorities (Law 10 336, Art. 8). The Comptroller General is also obliged to provide written response at the request of any head of public entities with regard to any matter related to the budget; the administration, collection, investment or destination of funds, income or any other assets; to the organisation and operation of the public administration; to the powers and duties of public employees, or to any other matter in which the law entitles the CGR to intervene (Law 10 336, Art. 9). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 78 – 1. CHILE’S SUPREME AUDIT INSTITUTION The Comptroller General has significant administrative independence to reallocate resources in line with the institution’s changing needs The Comptroller General has authority to close, merge or create units, establishing to whom officials report and assigning to them powers and assignments, as guaranteed by the CGR Organic Law. This includes establishing regional offices and assigning powers and assignments to these offices in order to facilitate the effective delivery of its functions and assignments in an efficient manner. The Comptroller General is also responsible for allocating personnel among the divisions and offices of the CGR and for appointing officials who serve as division heads, regional comptrollers and prosecutors (Law 10 336, Art. 51). The CGR Organic Law, however, requires that officials remain in these regional offices for a minimum of four years, except for service needs or reasons of force majeure (Law 10 336, Art. 24). The CGR reports to the Congress annually, and to the public, on the use of these resources, as required by the CGR Organic Law. The Comptroller General is free to appoint staff within the budgetary framework approved by the Congress, including mobilising short-term expertise through honorarios and other service contracts. CGR officials are appointed, promoted and removed at the pleasure of the Comptroller General (exclusiva confianza del Contralor), with complete independence from any other public authority (Law 10 336, Art. 3). The CGR’s General Secretariat is responsible for implementing the human resource management policies of the Comptroller General. The CGR reports that it has no interaction with the central government’s human resource management body, the National Civil Service Directorate (Dirección Nacional del Servicio Civil, DNSC). The CGR does not discuss, formally or informally, patterns or guidelines established by the DNSC. However, the CGR could benefit from engaging with the DNSC to learn of good practices and emerging trends in human resource management within the public administration as input into its own institutional reforms. The CGR’s jobs categories and their accompanying levels of remuneration are regulated by the same rules as the public administration. Decree-Law 3 551/1980 establishes the employment categories, necessary qualifications and base salary both for CGR officials as well as for the rest of the public administration (Art. 12). Within this framework, CGR officials are categorised in the same group as other “oversight institutions”, including the National Competition Agency (Fiscalía Nacional Económica), the National Customs Service (Servicio Nacional de Aduanas), the Labour Directorate (Dirección del Trabajo) and the Superintendent of Social Security (Superintendencia de Seguridad Social) (Decree-Law 3 551/1980, Art. 1). Law 19 187/1992 subsequently establishes a technical category of employment specifically for the CGR. Base salaries are set annually by an act of the Congress, although as part of this process, employee associations may present a request of salary increase. Regarding the management of the allocated annual CGR budge, the Comptroller General has a high degree of budget flexibility and receives lump-sum appropriations for personnel expenditure and materials consumables and goods expenditure. However, there is relatively less flexibility to reallocate investment expenditure, such as that for vehicles, machinery and ICT (Table 1.17C). The CGR is allowed to carry-over expenditures that have been committed but not yet disbursed. It is more difficult to carry over appropriated amounts that have yet to be committed. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 79 Table 1.17. Budget flexibility of supreme audit institutions in Chile and selected countries Country Australia A. How is the budget for the supreme audit institution prepared? Same Included in Sent policies, draft state directly to procedures budget legislature as other without for public change approval entities Chile Costa Rica No ● Brazil B. Budget of SAI as a fixed ratio of GDP/ budget No ● No ● ● Denmark ● ● Italy Korea Mexico Peru Portugal No No For personnel and materials only No No No For personnel, materials and capital For personnel, materials and capital No .. For capital For personnel, materials and capital x South Africa Spain No No No No No ● ● ● x ● x x For personnel, materials and capital For personnel, materials and capital For personnel and materials only No ● European Court of Auditors Israel C. “Lump sum” appropriations No No For personnel, materials and capital D. Flexibility to vire (i.e. reallocate) funds between expenditure categories Yes, without any limit and without executive/legislative approval Not possible without ex ante legislative approval Yes, without any limit and without executive/legislative approval Flexibility to make internal modifications without executive/legislative approval Flexibility to allocate between operating, capital expenditure without executive/legislative approval Yes, up to certain threshold with ex ante legislative approval Yes without any limit, and without executive/legislative approval Yes Yes up to certain threshold .. Yes, up to a certain threshold Yes without any limit, and without executive/ legislative approval Yes without any limit, and without executive/legislative approval Yes up to certain threshold Notes: ● = Yes; o = No; x = Not applicable; .. = Missing data. Block/lump sum appropriations involve allocating a lump sum to line ministries or agencies, which are then free to determine the best mix of economic inputs to produce their services. Australia: The budget is prepared following the same procedures as other public entities; however, the Australian National Audit Office’s (ANAO) budget estimates are also subject to consideration by the Joint Committee of Public Accounts and Audit. The ANAO receives a lump sum appropriation for departmental expenses, including personnel, materials and capital. Capital injections are appropriated as a lump sum in a separate appropriation. Costa Rica: The Office of the Comptroller General of the Republic has the ability to make internal budget modifications- resource transfers between programmes or cost centers within the SAI- to the preapproved budget, but external modifications or requests for extraordinary budgets must be approved and monitored by the Ministry of Finance. Denmark: The budget for the Rigsrevisionen is approved through the Public Accounts Committee, which holds the statutory authority. Israel: The budget of the State Comptroller is determined by the Finance Committee of the Knesset upon the proposal of the State Comptroller, and is approved separately from the state budget. Korea: Reallocation of resources requires ex ante approval of the Finance Ministry and legislature. Peru: Article 31 of the Law on the System of National Control provides that the CGR’s budget will stay constant in real terms from one year to the next. A review of the budgets executed from 1998 through to the approved budget for 2001 indicates that the approved budget for 2001 was 5% lower in nominal terms than that of 1998, which implies a significant reduction in real terms. South Africa: The Auditor-General of South Africa’s funding arrangements are provided for in Section 36 of the Public Audit Act. The Auditor-General of South Africa earns revenue from audit fees or services performed in terms of its mandate, appropriations from parliament and revenue earned from its own investments. To date, the AuditorGeneral of South Africa has not required any funds from parliament to supplement its income generated through audit fees. The Auditor-General is self-funded by way of billing auditees for audit hours worked. It generates its income through cost recovery. Parliamentary oversight of the Auditor-General of South Africa’s funding therefore consists of annual scrutiny and approval of CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 80 – 1. CHILE’S SUPREME AUDIT INSTITUTION the Budget and Strategic Plan. Parliament, on recommendation of the Standing Committee on the Auditor-General, annually approves: revenue and expenditure estimates for the year ahead and projected revenue and expenditure for the next three-year period. During the consideration of the annual budget, the Standing Committee on the Auditor-General will take note of the Treasury’s view of the impact that the AGSA’s budget will have on the national fiscus. Spain: Court of Audit Organic Act (Organic Act 2/1982). The Court of Audit shall draw up its own budget, which shall be incorporated in an independent section of the General State Budget and will be subject to approval by the Cortes Generales (legislature) (Section 6). Limitations to the reallocation of funds are outlined in the State Budget Regulations, and are established based on a combination of factors which include, but are not limited to, the quantity, nature of the expenditure and the nature of the operation. In some cases, the approval of the full session of the SAI or eventually the parliament may be required. Source: OECD (n.d.), International Budget Practices and Procedures Database (v2), www.oecd.org/gov/budget/database, responses to Q. 30: “In practice, which option most accurately describes the way in which the budget is prepared for the supreme audit institution?” and adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 20. Conclusions This chapter highlighted that the CGR is an autonomous government body and is largely considered as a co-equal branch of government with a high level of organisation and administrative independence. However, it is recommended that the CGR reassess the institutional setup of the Tribunal of Accounts with a view to ensure its independence and to prevent any potential conflict of interest. Reassessment should include an evaluation of the role of the Comptroller General, in particular, given its hierarchical role with the CGR staff. The CGR sees its role as contributing to good public governance and has a broad mandate to achieve this. However, the CGR undertakes some functions that in other countries are performed by the executive branch (e.g. ex ante control of legality – toma de razón, TdR – and accounting). At the same time, the CGR appears to interpret some of its statutory functions in a restrictive manner (e.g. performance audit). This can be explained in part because the CGR’s legal framework stems from a time when government was much smaller than it is today, and public administration far less professionalised. Still, these features make the CGR lag behind some recent innovations in public management in Chile. The CGR is willing to catch-up. It has initiated a process of “reform from within”, including its processes, ICT, and workforce. This can be taken even further but, of course, deeper changes in the CGR’s mandates would require legal reforms that would need broad political support. A discussion of the value added by the different functions of the CGR is necessary in the light of the modernisation of the Chilean public sector, both past and future. Chile’s economic and social development has been supported by good public governance. The government of Chile, similar to governments in many OECD countries, is now investing in building capacity to increase strategic agility. Strategic agility, together with low levels of trust in government, may necessitate the CGR to review and reassess its functions and assignments, within its legislative mandate, while taking appropriate action to safeguard its independence. This is addressed in Chapter 2. The CGR’s role of contributing to good public governance is also supported by the institution’s high level of organisation, functional and administrative independence. Moving forward, the CGR needs to focus its attention on its ability to be strategically agile in order to be responsive to the changes in the public administration and Chilean society. This is addressed in Chapter 3. However, in order to materialise the value and benefit of its activities, the CGR also needs to change the way in which it engages with its stakeholders, in order to position itself as a thought leader and not simply an inspection service and to build confidence its work. This has been recognised as a strategic objective CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 81 for the CGR. It also needs to be effective at engaging with the legislature to ensure awareness, understanding and use of its work, and with central executive authorities to improve public management maturity models and governance arrangements. This is discussed in Chapter 4. In parallel, the CGR will need to invest in improving the prioritisation and ensuring quality of its audit engagements to ensure relevance and confidence in its work. This is discussed in Chapter 5. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 82 – 1. CHILE’S SUPREME AUDIT INSTITUTION Notes 1. This legislation includes the State Financial Administration Organic Law (Ley Orgánica de la Administración Financiera del Estado – Decree Law 1 263); the Constitutional Organic Law 18 575 regarding the General Norms of the Government (Ley Organica Constitucional de Bases Generales de la Administracion del Estado); Law 18 834 regarding the State Administration (Estatuto Administrativo); Law 19 880 establishing the Administrative Procedures Governing State Administrative Acts (Bases de los Procedimientos Administrativos que Rigen los Actos de los Organos de la Administracion del Estado); Law 19 886 regarding the Norms for Administrative Contracts and Services (Ley de Bases sobre Contratos Administrativos de Suministro y Prestacion de Servicios); Law 20 285 on Public Access to Information (Transparencia y Acceso a la Información Pública). 2. The CGR articulates that it has between four and five main functions, depending on the information source. The CGR’s website states four functions: ex ante audit and interpretation of administrative law; ex post audit; judicial audit; and accounting function. The CGR’s annual reports define that the institution has five functions, including ex ante and concurrent audit assignments of state personnel management. In the first instance, the ex ante and concurrent audit assignments of state personnel management is considered part of the ex ante audit and interpretation of administrative law. 3. Chile’s national Anti-Corruption Strategy is available at: www.anticorrupcion.cl (accessed 8 August 2013). 4. Law 10 336, Art. 16 refers to services (servicios), fiscal and semi-fiscal institutions (instituciones fiscales y semifiscales), legal autonomous organisations (organismos autónomos), public enterprises (empresas del estado) and other statutory entities. 5. See also CGR Legal Opinion 20 241/2008. 6. The CGR Organic Law can give rise to confusion about the institution’s mandate. For example, the CGR Organic Law states that the institution may audit services, fiscal and semi-fiscal institutions, autonomous organisations, public enterprises and, in general, all those public entities established by law, without this affecting the control exercised by independent regulatory agencies (superintendencia). Moreover, the law states that the CGR’s audit is independent of that exercised by the Superintendent of Banks (Superintendencia de Bancos) over the central bank and the Banco del Estado de Chile (Law 10 336, Art. 16). This suggests that the CGR may audit the central bank and the Banco del Estado de Chile; which it does have authority to do so. The current law also suggests that the CGR may audit the State Copper Company (Corporación Nacional del Cobre de Chile, CODELCO), which it may not under other statutes (Decree Law 1 349/1976, Art. 12). 7. For a complete list of decentralised institutions see CGR Legal Opinion 38 427/2013. 8. This is contrary to IMF (2003). 9. See also CGR Legal Opinion 29 576/1992. 10. See www.poderjudicial.cl/modulos/Transparencia_InfoPubl/Auditoria 8 August 2013). 11. See www.bcentral.cl/acerca/estados-financieros/index.htm (accessed 8 August 2013). (accessed CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 83 11. See CGR Dictamine 37 839/1961. 12. This exclusion was formalised by Law 19 817/2002, amending the CGR Organic Law. This amendment followed a proposal introduced into the Chamber of Deputies by the President of the Republic in 2000 that the CGR be authorised to “audit the compliance with legal norms and safeguard the public patrimony”. Although this amendment passed through the Chamber of Deputies and the Senate Constitutional, Legislative, Judicial and Regulation Commission (Comisión de Constitución, Legislación, Justicia y Reglamento del Sanado) it was challenged by a senator in the Senate Plenary. The Senator raised a question over whether the CGR may be able to audit the merit and convenience, including the efficiency of public entities, or have its authority limited to compliance. The bill was subsequently returned to the Senate Constitutional, Legislative, Judicial and Regulation Commission and revised to prohibit the CGR from auditing the merit of administrative acts (Morales Espinoza, 2012). 13 See Ministry of the Secretariat of the President of the Republic Supreme Decree 147. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 84 – 1. CHILE’S SUPREME AUDIT INSTITUTION Annex 1.A1 Comptrollers-General of the Republic of Chile, 1927-2013 Table 1.A1. Comptrollers-General of the Republic of Chile, 1927-2013 Name Term Prior career Approximate term Reason for removal Pablo Ramírez Rodríguez March 1927-July 1927 Former deputy and minister 4 months Kenneth Page Oxley Rodolfo Jaramillo Bruce July 1927-December 1927 January 1928-January 1929 5 months 1 year Edecio Torreblanca White January 1929-November 1929 Stockbroker and Major of Valparaíso Director of State Railway Company (Empresa de Ferrocarriles del Estado) and Superintendent of the Mint (Casa de Moneda) Minister of Agriculture Left office to become lawyer to the Foreign Trade Council and Director of central bank Left office to become director of different firms Left office to become Director General of Public Works 10 months Became Minister of Agriculture Miguel Solar Formas November 1929-February 1932 .. 2 years, 4 months .. Gustavo Ibáñez Rondizzoni February 1932-December 1938 .. 6 years, 11 months .. Agustín Vigorena Rivera January 1939-December 1945 6 years, 11 months Impeached by Congress Humberto Mewes Bruna February 1946-June 1952 Sub-Secretary of War (1921-24), Dean of Universidad de Chile Law School (1929-31), Head of Chilean Postal Service (1932-33) Minister in the Appealing Court of Valdivia 6 years, 4 months Resigned Luis Enrique Bahamonde Ruiz September 1952-May 1959 Secretary, Ministry of Education 6 years, 9 months Left office to become Minister of Territory and Colonisation Enrique Silva Cimma May 1959-January 1967 CGR official (Deputy Comptroller) 7 years, 8 months Left office to become lawyer of the Supreme Court of Justice Vacant January 1967-August 1967 - - - Héctor Humeres Magnan August 1967-December 1977 CGR official (Deputy Comptroller) 10 years, 5 months Political pressures near to his retirement age Sergio Fernández Fernández December 1977-April 1978 Former senator and minister 4 months Left office to become Minister of Interior Osvaldo Iturriaga Ruiz April 1978-March 1997 CGR official (Deputy Comptroller) 19 years, 11 months Reached retirement age Arturo Aylwin Azócar April 1997-August 2002 CGR official (Deputy Comptroller) 5 years, 4 months Reached retirement age Gustavo Sciolla Avendaño August 2002-July 2006 CGR official 3 years, 11 months Reached retirement age Vacant July 2006 – April 2007 - - - Ramiro Mendoza Zúñiga April 2007 – present Lawyer/academic 8 year appointment x Note: .. = Missing data; x = Not applicable. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 85 Annex 1.A2 Appointment, tenure and salaries of supreme audit institutions’ leadership in Chile and selected countries Table 1.A2. Appointment, tenure and salaries of supreme audit institutions’ leadership in Chile and selected countries 9 ministers, one of whom is elected internally as president ● Chile Comptroller General Costa Rica Comptroller General ● Denmark Auditor-General ● European Court of Auditors 28 members, one of whom is elected internally as president Israel State Comptroller CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 ● 6 3 7 Other Fixed with other position in government - 8 ● Set by legislature 70 Set by executive Fixed term, renewable (term in years) Fixed term, non-renewable (term in years) ● 10 ● ● C. Remuneration Mandatory retirement age (age in years) Auditor-General Brazil B. Tenure of leadership Open-ended Australia Other Legislature Jointly by executive and legislature Leadership Executive with legislative approval Country Executive A. Selection and appointment of leadership ● ● 75 ● No limit .. .. .. .. .. .. .. .. - .. .. .. .. .. .. .. .. .. 86 – 1. CHILE’S SUPREME AUDIT INSTITUTION Table 1.A2. Appointment, tenure and salaries of supreme audit institutions’ leadership in Chile and selected countries (cont.) Other ● 72 .. .. .. .. 4 70 ● 4 65 Fixed term, renewable (term in years) Fixed term, non-renewable (term in years) Other Legislature Jointly by executive and legislature ● Fixed with other position in government Commissioners Set by legislature ● Set by executive ● Chair C. Remuneration Mandatory retirement age (age in years) Korea President B. Tenure of leadership Open-ended Italy Leadership Executive with legislative approval Country Executive A. Selection and appointment of leadership Mexico Superior-Auditor ● 8 No limit Peru Comptroller General ● 7 .. 4 70 Portugal President ● Members of Court South Africa Auditor-General Spain 12 members, one of whom is elected internally as president ● ● ● 5-10 ● ● ● ● .. - 9 ● No limit ● ● ● Notes: ● = Yes; - = Not specified; .. = Missing data. Portugal: The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. The SAI of Portugal’s President is designated by the head of the state, under proposal of the government. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 87 Annex 1.A3 Organisational independence of supreme audit institutions’ leadership in Chile and selected countries Table 1.A3. Organisational independence of supreme audit institutions’ leadership in Chile and selected countries Other Membership in a political party Membership in a union Professional activities Other Employment in the public sector Age Auditor-General No o o o o o o Yes o o o o ● Brazil 9 ministers, one of whom is elected internally as president Yes o o ● ● ● o Yes ● o ● ● ● Chile Comptroller General Yes o ● o ● ● o No o o o o o Costa Rica Comptroller General Yes o o ● o ● ● Yes ● o ● ● ● Denmark Auditor-General No o o o o o o Yes o o ● o o European Court of Auditors 28 members, one of whom is elected internally as president Yes o ● ● ● o o Yes o ● ● ● ● Israel State Comptroller Yes o o o o o ● Yes ● ● ● ● o Italy President Yes o ● o ● o o No o o o o o Korea Commissioners, including chair Yes o ● o ● ● o Yes ● o ● ● o Mexico Superior-Auditor .. .. .. .. .. .. .. .. .. .. .. .. .. Peru Comptroller General Yes ● ● o ● ● o .. .. .. .. .. .. Portugal President No o o o o o ● Yes ● ● ● o o Members of Court Yes ● ● ● ● ● o Yes ● ● ● o o South Africa Auditor-General Yes o o ● ● o ● Yes ● o ● ● ● Spain 12 members, one of whom is elected internally as president Yes ● ● o ● o o Yes o o ● ● ● Position Experience Australia Country Character qualifications Professional qualifications Legislation defines incompatibilities Incompatibilities of office Education qualification Legislation defines qualifications Selection criteria Notes: ● = Yes; o = No; x = Not applicable; .. = Missing data. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 14, 15 and 16. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 88 – 1. CHILE’S SUPREME AUDIT INSTITUTION Annex 1.A4 Safeguards for the removal of supreme audit leadership in Chile and selected countries Table 1.A4. Safeguards for the removal of supreme audit leadership in Chile and selected countries By which authority? Executive Judiciary Other Loss of confidence Incapacitation – health Misconduct Absence Bankruptcy Other Reasons for removal? Legislature Legislation provides criteria for removal from office Has the leadership ever been removed? Australia Auditor-General Yes o o o ● o ● ● o ● ● No Brazil 9 ministers, one of whom is elected internally as president Yes ● o o o o o ● o o o No Chile Comptroller General Yes o o ● o o ● o o o ● Yes (1945) Costa Rica Comptroller General Yes ● o o o o o ● o o o Yes (2004) Denmark Auditor-General No o o o o o o o o o o No European Court of Auditors 28 members, one of whom is elected internally as president Yes o o ● o o o o o o ● No Israel State Comptroller Yes ● o o o o ● ● o o o No Italy President No o o o o o o o o o o No Korea Commissioners, including chair Yes ● ● ● o ● ● ● o o o No Mexico Superior-Auditor .. .. .. .. .. .. .. .. .. .. .. .. Peru Comptroller General .. .. .. .. .. .. .. .. .. .. .. … Portugal Members of Court, including President Yes o o o o oo o● ●● ●● oo oo No South Africa Auditor-General Yes ● o o o o ● ● o o o No Spain 12 members, one of whom is elected internally as president Yes ● .. ● ● o ● ● ● o o No Country Head of organisation Notes: ● = Yes; o = No; x = Not applicable; .. = Missing data. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 16 and 17. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 89 References Aldunate, L.E. (2005), “La evolución de la función de Control de la Contraloría General de la República [The evolving function of the Office of the Comptroller General of the Republic]”, Revista de Derecho de la Pontificia Universidad Católica de Valparaíso, Vol. XXVI, tomo II, pp. 19-30. Armijo Dinamarca, I. and A. Carreño Riveros (1997), “La Contraloría General de la República, evolución histórica, organización y funciones [The Office of the Comptroller General of the Republic, historical evoluation, organisation and functions]”, Memoria de Prueba (Licenciatura en Ciencias Jurídicas y Sociales), Universidad Central. CGR (Contraloría General de la República) (2013), Cuenta Pública Contraloria General de la República 2012 [2012 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2012a), Cuenta Pública Contraloria General de la República 2011 [2011 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2012b), Financiamiento Fiscal a la Educación Superior 2011, CGR, Santiago. CGR (2011a), Cuenta Pública Contraloria General de la República 2010 [2010 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2011b), Análisis de Universidades Estatales, CGR, Santiago. CGR (2011c), 2do Encuentro de Trabajo CGR-UCIS, Informe del Segundo Encuentro de Trabajo entre la Contraloría General de la República y las Unidades de Auditoría y/o Control Interno [2nd CGR-UCIS Working Meeting, Report of the Second Working Meeting between the Office of the Comptroller General of the Republic and Internal Audit/Control Units], CGR, Santiago. CGR (2010a), Cuenta Pública Contraloria General de la República 2009 [2009 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2010b), Informe Consolidado Nacional de Unidades de Control Interno Municipale [Consolidated National Report on Municipalities Internal Control Units], Informe 39/2010, CGR, Santiago. CGR (2009), Cuenta Pública Contraloria General de la República 2008 [2008 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 90 – 1. CHILE’S SUPREME AUDIT INSTITUTION CGR (2008), Cuenta Pública Contraloria General de la República 2007 [2007 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (1997), “Contraloría General de la República en el umbral del siglo XXI [Comptroller General of the Republic on the threshold of the XXI Century]”, CGR, Santiago. CGR (1995), “¿Qué Contraloría General de la República necesita el Chile de hoy y del futuro? [What Office of the Comptroller General of the Republic of Chile needs today and in the future?]”, CGR, Santiago. Cordero, L. (2006), “La Contraloría General de la República y la toma de razón: Fundamento de cuatro falacias [The Office of the Comptroller General of the Republic and the toma de razón: Foundation of four fallacies]”, Santiago, Panel sobre la Contraloría General de la República, en las XXXVI Jornadas de Derecho Público, el 1 December. European Commission (EC) (2011), Compendium of the Public Internal Control Systems in the EU Member States, 2012, European Union, Brussels. Faundez, J. (2010), “Chilean constitutionalism before Allende: Legality without courts”, Bulletin of Latin American Research, Vol. 29, No. 1. Faundez, J. (2007), Democratisation, Development and Legality, Chile, 1983-1973, Palgrave MacMillan, New York. IMF (International Monetary Fund) (2003), “Chile: Report on observance of standards and codes: Fiscal transparency”, IMF Country Report, No. 03/237, IMF, Washington, DC. International IDEA Political Finance Database, www.idea.int/political-finance. INTOSAI (International Organisation for Supreme Audit Institutions) (2013), “Fundamental principles in public sector audit”, International Standards of Supreme Audit Institutions (ISSAI), 100, INTOSAI Professional Standards Committee, Denmark. INTOSAI (2010a), “The Johannesburg Accords,” XX INCOSAI, 27 November, INTOSAI, www.intosai.org/uploads/jhbaccordsen.pdf. INTOSAI (2010b), “The Mexico Declaration on SAI Independence,” International Standards of Supreme Audit Institutions, 10, INTOSAI Professional Standards Committee, Copenhagen, http://www.issai.org/media/12922/issai_10_e.pdf. INTOSAI (1977), “The Lima Declaration of Guidelines on Auditing Precepts,” International Standards of Supreme Audit Institutions, 1, INTOSAI Professional Standards Committee, Copenhagen, http://www.issai.org/media/12901/issai_1_e.pdf. Lizana, E. (2005), “La evolución de la función de control de la Contraloría General de la República” [The evolution of the function of the Office of the Comptroller General of the Republic], Revista de Derecho de la Pontificia Universidad Católica de Valparaíso, XXVI, Valparaíso, Chile. Morales Espinoza, B. (2012), “El mérito, oportunidad y conveniencia en la Contraloría General de la República”, in CGR (ed), La Contraloría General de la República, 85 Años de Vida Institucional (1927-2012), CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 1. CHILE’S SUPREME AUDIT INSTITUTION – 91 OECD (n.d.), International Budget Practices and Procedures Database (v2), www.oecd.org/gov/budget/database. OECD (2013), “Countries’ responses to the 2013 Accruals Questionnaire”, 13th Annual OECD Public Sector Accruals Symposium, Paris, 7-8 March 2013. OECD (2012), Survey on Managing Conflict of Interest, OECD, Paris. OECD (2011), “Contextual factors”, in Government at a Glance 2011, OECD Publishing, Paris, http://dx.doi.org/10.1787/gov_glance-2011-74-en. Ruiz-Tagle, P. (2006), “Una Contraloría General de la República que sirva a todos los Chilenos” [An Office of the Comptroller General of the Republic that serves all Chileans], Revista de Derecho Público, Vol. 70, Santiago. Santiso, C. (2006), The Political Economy of Government Auditing: Financial Governance and the Rule of Law in Latin America and Beyond, Routledge, Oxon. Soto, K.E. (1977), “La toma de razón y el poder normativo de la Contraloría General de la República [The toma de razón and the normative power of the Office of the Comptroller General of the Republic]”, in CGR (ed), La Contraloría General de la República. 50 Años de Vida Institucional (1927-1977) [The Office of the Comptroller General of the Republic. 50 Years of Institutional Life (1927-1977)], Departamento de Derecho Público, Facultad de Derecho, Universidad de Chile, Santiago, pp. 165-189. World Bank/IADB (Inter-American Development Bank) (2005), Republic of Chile, Country Financial Accountability Assessment, Report No. 32630-CL, World Bank, Washington, DC. Vergara, A. (2012), "El rol de la Contraloría General de la República: Desde el control de legalidad a los nuevos estándares de buena administración [The role of the Comptroller General of the Republic: From the review of legality to the new standards of good administration]”, in CGR (ed), La Contraloría General de la República, 85 años de vida institucional (1927-2012), CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 93 Chapter 2 Supporting strategic agility and rebuilding trust in government* This chapter examines the role of the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – in supporting strategic agility and rebuilding trust in government. The chapter analyses the CGR’s ex ante control of legality – referred to as toma de razón (TdR) – and ex post audit assignments with a view to explore how these could be adjusted to enhance the institution’s impact on good public governance. It also focuses on how the CGR could further leverage knowledge from its existing and new audit assignments in order to deliver additional value and benefit for the institution’s diverse stakeholders. The analysis is framed by OECD work on strategic agility and trust, the OECD “Recommendation on Regulatory Policy and Governance” and the OECD “Best Practices on Budget Transparency”, as well as various International Standards of Supreme Audit Institutions (ISSAI). The chapter includes comparative data for the CGR as well as 13 SAIs collected through an OECD survey conducted specifically for this peer review, as well as other OECD and non-OECD databases. * The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 94 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Introduction This chapter examines the role of the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – in supporting strategic agility and trust in government. Chile, together with other OECD countries, has collectively recognised the need to enhance strategic agility and rebuild trust in government and public institutions in order to support inclusive and sustainable development (OECD, 2013a). Strategic agility is necessary to ensure that the public sector is responsive and effective in an increasingly complex policy environment. Rebuilding trust in government is critical for achieving strategic agility, especially when short-term sacrifices are involved and long-term gains may be less tangible. Strategic agility in the public sector necessitates strategic sensitivity, collective commitment and resource flexibility. Strategic sensitivity is the ability to understand and balance current and emerging trends as well as societal preferences and expectations. Collective commitment refers to the existence of a common vision and set of overall objectives, and the use of this vision and set of objectives to steer and implement strategies at a whole-of-government level. Resource flexibility refers to the ability to align resources with changing needs and priorities, as well as to promote innovative ways to maximise government performance. Evidence-based policy making and leveraging the knowledge of different knowledge bases are considered contributors to strategic agility. Trust in government is influenced by key governance attributes, including reliability, responsiveness, openness, inclusiveness and integrity, including the functioning of accountability processes. SAIs have traditionally supported trust in government by providing reasonable assurance that public resources are used legally, for their intended purpose, as well as economically, efficiently and effectively. By doing so, SAIs reduce information asymmetries and empower the legislature and citizens to hold government accountable. The contribution of SAIs to overall trust in government is not limited to enforcing integrity alone, but also to securing reliable and responsive governments through agility in service delivery and flexibility to respond to changing needs. Similarly, INTOSAI’s “The Value and Benefits of Supreme Audit Institutions - making a difference in the lives of citizens”, outlines that SAIs have a positive impact on trust in society as they focus those responsible for allocating resources on how well resources are used, thus enhancing accountability (INTOSAI, 2013c). This places on SAIs the responsibility to assess the value they add through their different areas of work. In examining the role of the CGR in supporting strategic agility and rebuilding trust in government and public institutions, the chapter analyses: the modernisation of the Chilean public administration as a basis for discussing its impact on the CGR’s audit assignments the toma de razón (TdR) and ex post audit assignments with a view to explore how these could be adjusted to enhance the institution’s role in supporting good public governance the opportunities to leverage knowledge generated from the CGR’s audit assignments to deliver additional value and benefit for those charged with governance and citizens. The analysis contained in this chapter is framed by OECD work for identifying the elements of strategic agility and trust in government as well as International Standards of Supreme Audit Institutions (ISSAI). The elements of strategic agility and trust in CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 95 government and public institutions have been explored in a number of OECD Public Governance Reviews and discussion chapters (OECD, 2010; 2011a; 2011b; 2012a; 2012b; 2012c; 2013b; 2013c). The “Lima Declaration of Guidelines on Auditing Precepts” and the “Fundamental Principles for Public Sector Auditing” define the general purpose of audits and distinguish between the types of audit assignments (INTOSAI, 1977; 2013). This chapter also draws upon the OECD (2012d) “Recommendation on Regulatory Policy and Governance” and the OECD (2002) “Best Practices on Budget Transparency” which note the role of SAIs in supporting good public governance. This chapter posits that the CGR could better support efforts within government to develop strategic agility and rebuild trust in government and public institutions by: leveraging ex ante control of legality to incentivize efforts by the public administration to enhance risk-based internal control within public entities and to develop good management practices orienting its ex post audit assignments to assess the reliability of financial and non-financial information reported by public entities delivering new value-added products, presenting findings from audit work in new ways to further engage with those charged with governance and those with interest. Modernisation of the state and its impact on the Office of the Comptroller General of the Republic Chile has undergone rapid modernisation and development in recent years, benefiting from democratisation, globalisation, technological development and social change. Chile’s public governance arrangements have helped to support economic development and serve as a base for achieving its social goals. In furthering inclusive and sustainable development, sustained efforts by different governments have focused on the need to increase strategic agility and strengthen trust in government. Increasingly complex societal challenges and changing societal preferences necessitate strategic agility, and the current modernisation agenda seeks to provide many of the elements in this direction. Building trust in government is also critical for developing strategic agility in Chile, especially when structural reforms are required in order to achieve long-term gains. Chile’s public governance arrangements have helped to support economic development and serve as a base for achieving its social goals Chile has put governance arrangements in place to maximise the potential of its public administration and to deploy resources in pursuit of its economic and socio-economic goals. Transparent and institutionalised mechanisms have been established for setting and communicating the government’s strategic vision and policy priorities. Fiscal discipline has placed the government on solid ground to implement its policy agenda, supported by the central government’s structural balance fiscal rule and Fiscal Responsibility Law. Relative to other OECD countries, Chile has successfully maintained low general government debt (Figure 2.1). The use of performance information in public budgeting is advanced, drawing upon a combination of performance targets, spending reviews and policy evaluations. The government has taken steps to establish maturity models for a number of core administration functions, the obtainment CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 96 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT of which is supported by team performance-related pay. Progress has been made in using information and communication technologies (ICT) as an instrument to modernise government structures and increase the transparency of government operations. Transparency and integrity have been core priorities of recent government administrations. Today, Chile has an advanced and respected regulatory and institutional framework on access to public information, which includes the Transparency Council (Consejo para la Transparencia). Decentralisation, with the aim of providing subnational governments with the tools, capacities and legitimacy to improve their autonomy and performance, has been identified repeatedly as a priority, but progress in this field has been more limited. Figure 2.1. General government debt in Chile and selected countries As a % of GDP 2011 2009 2001 160 120 80 40 0 Italy Portugal Israel OECD Spain Brazil Denmark Australia South Africa Korea Chile Mexico Notes: The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Source: OECD (2013), Government at http://dx.doi.org/10.1787/gov_glance-2013-en. a Glance 2013, OECD Publishing, Paris, Developing strategic agility could further assist the government to respond to emerging policy challenges and support the achievement of inclusive and sustainable development The government of Chile’s ability to respond to emerging policy needs and to achieve inclusive and sustainable development is challenged by both internal and external factors. Internally, government co-ordination is challenged by a lack of medium- and long-term strategic planning that results in a project-based planning system based on annual presidential priorities. The inclusion of performance information in budgeting is advanced, but the feedback loop between performance outcomes and budget formulation could be improved. Like many OECD countries, the government faces challenges in developing an interoperable ICT framework, common platforms and shared back-office components necessary to support more integrated public service delivery (OECD, 2009b; 2011b). In addition, effective decentralisation and capacity building at the sub-national level will require stronger political commitment and ambitious implementation efforts. External factors affecting the government’s ability to achieve inclusive and sustainable developments include globalisation, changing societal preferences and needs as well as increasingly complex societal challenges. As a small, very open economy with a large share of copper in total exports – close to 60% in 2010 – Chile is vulnerable to global markets (OECD, 2012a). Chile’s population is also ageing rapidly, with the old-age support ratio – i.e. the number of those who are capable of providing economic CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 97 support to the number of older people that may be materially dependent on the support of others – to decrease from 6.8 to 2.5 in the next 40 years (Figure 2.2). Inequality remains a critical concern, compromising the inclusiveness of economic growth. Strategic agility can help the government of Chile to effectively respond to internal and external factors that have the potential to affect sustainable and inclusive development. Strategic agility in the public sector context entails capacity for strategic sensitivity, collective commitment and resource flexibility (Box 2.1). Figure 2.2. Demographic change in Chile and selected countries A. Old-age support ratio (2008) Number of people of working age (20-64) per person of pension age (66+) 12.5 South Africa Brazil Mexico Chile Korea Israel Australia OECD Spain Denmark Portugal Italy 8.9 8.9 6.8 6.3 5.4 4.5 4.2 3.7 3.7 3.5 3.0 14 12 10 8 6 4 B. Decline in the old-age support ratio 2008-50 Old-age support ratio 2008-50 2 0 6.1 2.6 2.5 2.5 1.5 2.9 2.3 2.1 1.5 2.3 2050 Difference 2008-50 1.6 1.5 0 2 4 6 8 10 12 14 Notes: The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. The old-age support rates relate to the number of those who are capable of providing economic support to the number of older people that may be materially dependent on the support of others. The support rate indicator used here is the population aged 20 to 64 as a ratio of those aged 65 and over. The projections for old-age support rates used here are based on the most recent “medium-variant” population projections. Source: OECD (2011), Society at a Glance 2011: OECD Social Indicators, OECD Publishing, Paris, http://dx.doi.org/10.1787/soc_glance-2011-en. Previous and current reform agendas have aimed to enhance the responsiveness and effectiveness of the state. This has led to an advanced budgeting system, common performance criteria in line ministries, and the establishment of co-ordination committees to develop more harmonised policy formulation and implementation. Likewise, the Senior Civil Service System (Sistema de Alta Dirección Pública) and initiatives like Chile Gestiona seek to improve the management and efficiency of government programmes.1 A number of initiatives have been considered to strengthen ex ante and ex post evaluation of public programmes, including in the Ministry of Social Development (Ministerio de Desarrollo Social), the Education Quality Agency (Agencia de Calidad de la Educación) and persistent discussions on the need to to create an Agency for the Evaluation of Public Policies (Gobierno de Chile, 2012a). Rebuilding trust in government is also critical for developing strategic agility in Chile Between 2007 and 2012, confidence in Chile’s central government decreased 11 percentage points, based on comparative international perception surveys – though this CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 98 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT trend is less pronounced in different sectors, such as education and healthcare systems (Figure 2.3). The trend at the national (central) government is similar to that across many OECD countries, despite the fact that Chile was not so much affected by the economic crisis. Box 2.1. Strategic agility in the public sector context entails capacity Strategic sensitivity is the ability to understand and balance government values, societal preferences, current and future costs and benefits, and expert knowledge and analysis, and to use this understanding coherently for planning and decision making. It is premised on the use of evidence to explore policy options based on wide consultation and research, including an active and purposeful dialogue with a wide variety of stakeholders. Strategic sensitivity requires analytical frameworks and structures for collecting knowledge, capability and capacity to undertake research and analysis as well as access to quality data and knowledge bases. However, it is prudent to emphasise that strategic sensitivity does not automatically result from amassing more evidence or even from improving the frequency and quality of analysis. Rather, strategic sensitivity requires a clear and transparent flow of information and analysis from the administration to political and administrative decision makers to inform discussions, clarify options and explore their possible consequences. Collective commitment is the adherence to a common vision and set of overall objectives, and its use to guide public actors’ individual work. It also necessitates co-ordination and collaboration with other actors, both within the central government, between levels of government and with non-governmental actors, as needed to achieve this vision and objectives. The increasing complexity of policy challenges requires whole-of-government action, across the same levels of government and between different levels of government, to develop and implement cross-sectorial policy responses. Policy issues such as the global economic and financial crisis, poverty, equality and social inclusion, ageing population, climate change and natural disaster emergencies do not fit neatly within a single public entity’s competencies. An effective and timely response requires joint efforts to achieve efficiencies across entity boundaries. Collective commitment may in turn necessitate reforming structures, aligning incentives and managing change through effective leadership. Resource flexibility involves the ability to make the most of existing resources, both at the programme or project level and at the whole-of-government level. Flexibility requires the ability to move or reallocate resources to: better support existing priorities; reallocate them to address new priorities in crisis situations (with appropriate accountability and controls); and set priorities in order to guide allocation. This can be achieved through process re-engineering and innovative service delivery, top-down budgeting and relaxed input controls, as well as shared services and the ability to effectively pool resources to meet cross-government objectives. From a human resource perspective, resource flexibility requires preparing for large-scale demographic changes at all levels of government in order to ensure that the resulting smaller public service has the capacity and capability to work smarter, and that a culture is created to overcome informal barriers to mobility within the public service. Source: OECD (2010), Finland: Working Together to Sustain Success, OECD Public Governance Reviews, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086081-en. Trust legitimises decisive and effective action by government, and creates the favourable conditions for stakeholders’ buy-in. Furthermore, research suggests that a fall in political trust can affect social trust and reduce social cohesion, and increase transaction costs driven by asymmetric and costly information. Trust is necessary for the fair and effective functioning of public institutions and to the success of public policies (OECD, 2013b). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 99 Figure 2.3. Confidence in national (central) government in Chile and selected countries A. In your country, do you have confidence in national government? Percent of “yes” 2012 2007 100 80 60 40 20 0 Denmark South Africa Brazil Australia Germany OECD Israel Spain Mexico Chile Italy Portugal Korea B. Percentage point change in confidence with education and healthcare system (2007-11) Healthcare system Education system Israel Australia OECD31 Korea Spain Mexico Portugal Chile Italy Denmark Korea Australia Portugal Spain Italy OECD31 Denmark Mexico Chile Israel -10 -5 0 5 10 -10 -5 0 5 10 Note. Data are drawn from the Gallup World Poll. The Gallup World Poll is conducted in approximately 140 countries around the world based on a common questionnaire, translated into the predominant languages of each country. With few exceptions, all samples are probability based and nationally representative of the resident population aged 15 and over in the entire country (including rural areas); however, results may be affected by sampling and non-sampling errors. Sample sizes are limited to around 1 000 persons in each country. Figure B presents percentage point change in satisfaction with the education system and schools and healthcare: percentage of respondents who answered “satisfied” to the questions: “In the city or area where you live, are you satisfied or dissatisfied with the educational system or the schools?” and “In the city or area where you live, are you satisfied or dissatisfied with the availability of quality healthcare? The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law Source: OECD (2013), OECD Government at a Glance 2013, OECD Publishing, Paris, http://dx.doi.org/10.1787/gov_glance-2013-en. Citizens are sensitive not only to the content and outcome of policies, but also to how policies are designed and implemented and fit with broader standards of behaviour. It is not only the what of policies that matters, but the how, for whom and with whom. Trust can be influenced by public governance and institutional frameworks, including: responsiveness: the provision of accessible, efficient and citizen-oriented public services that effectively address the needs and expectations of taxpayers reliability: the ability of governments to minimise uncertainty in the economic, social and political environment of their citizens, and act in a consistent and predictable manner openness and inclusiveness: a systemic, comprehensive approach to institutionalising a two-way communication with stakeholders, whereby relevant, CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 100 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT usable information is provided and interaction is fostered as a means to improve transparency, accountability and engagement integrity: the alignment of government and public institutions with broader principles and standards of conduct that contribute to safeguarding the public interest while preventing corruption (OECD, 2013b). SAIs have traditionally supported trust by providing reasonable assurance that public resources are used legally, for their intended purpose, as well as economically, efficiently and effectively. By doing so, SAIs reduce information asymmetries and empower the legislature and citizens to hold government accountable. However, SAIs could also contribute to responsiveness and reliability of governments, by ensuring that integrity is not secured at an unbearable cost in terms of operational rigidity and unacceptable delays in public action. The Office of the Comptroller General of the Republic can support government efforts to enhance strategic agility and rebuild trust SAIs are a key part of the institutional framework of democratic states and support citizens to hold those charged with government and elected representatives accountable. Enhancing strategic agility in government and rebuilding trust in government places new demands and creates new opportunities for the CGR’s to strengthen good public governance. Resource flexibility and new forms of service delivery present risks that the CGR must address in its audit work. CGR audit findings can serve as a valuable evidence base for government accountability and decision-making processes. The broad scope of the CGR’s mandate, discussed in Chapter 1, enables the institution to examine issues at a whole-of-government level, rather than individual programmes, entities or funds. The CGR’s independence is a valuable asset that can contribute to developing a collective commitment within government and its operational flexibility allows it to adapt to changing needs and priorities so as to maximise value added. Moreover, the long tenure of the Comptroller General can enable the institution to look beyond the electoral cycle. In responding to these new demands and opportunities, the CGR may need to reassess its portfolio, within its constitutional mandate, reviewing the continued relevance of its existing assignments and exploring new ones, while taking appropriate measures to safeguard its independence. Specifically, the functional focus on ex ante control of legality – referred to as toma de razón (TdR) – and the concentration of ex post audit on legal compliance, as a means to provide incentives to further develop internal control, performance and accountability capacities in public entities. These tensions have been felt in many OECD countries in the past 20 years. This has been reflected, first, in a general trend to move away from ex ante audit assignments, where they have existed, towards ex post audit assignments and greater focus on the functioning of internal controls and performance (Ruffner and Sevilla, 2004). Second, there has been a move for SAIs to develop better awareness and understanding of the value and benefit that they provide for citizens that is particularly noticeable in recent years (INTOSAI, 2010b). The move from ex ante to ex post audit in the public sector has been influenced by changes in the size of government, technological innovation, the shift towards performance management and new forms of service delivery. This trend has taken place in both internal audit and SAIs (Ruffner and Sevilla, 2004; European Commission, 2011). Of the four benchmark SAIs involved in this peer review that had ex ante audit CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 101 assignments at the beginning of the 1990s, two – the SAIs of Italy and Portugal – have significantly reduced their ex ante audit assignments since (Table 2.1). Beyond these benchmarks, a number of other SAIs also phased out or redesigned their ex ante audit assignments since the 1990s. Among those that phased out ex ante audit assignments are the Supreme Audit Office of Poland in 1994 (though it rarely conducted ex ante audit assignments after 1921); the Court of Accounts of Luxembourg in 1999 and the Court of Accounts of Belgium in 2012 (Box 2.2). Table 2.1. Redesign of ex ante audit assignments in supreme audit institutions Existence of ex ante audit assignment circa 1990 Limited change in ex ante audit assignments since the 1990s Significantly reduced ex ante audit assignments since the 1990s Chile, Costa Rica Italy, Portugal* Historically function existed but ended well before the 1990s Never had such a function Brazil, South Africa, Australia, European Court of Auditors, Israel, Korea, Spain Notes: *Portugal: While the incidence of ex ante audit has been significantly reduced, major restructuring of the ex ante audit function has led to an increase in the scope of the ex ante audit. See Box 2.2 for more detail. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 3. Box 2.2. Changes to ex ante audit assignments in supreme audit institutions of Italy, Portugal and Belgium A number of supreme audit institutions (SAIs) have phased out or redesigned their ex ante audit assignments since the 1990s. The Italian Court of Accounts (Corte dei conti) significantly redesigned its ex ante audit function during the mid-1990s in parallel with reforms to the budget act and the accounts structure (budget and financial statements). Various reforms since the early 1990s in the Portuguese Court of Accounts (Tribunal de Contas) have significantly varied the criteria that determine which entities and transactions are subject to ex ante audit, causing a reduction in the incidence of ex ante audit, but an increase in scope. The Belgian Court of Accounts (Cour des Comptes) ended its ex ante audit assignments in 2012 following the introduction of new accounting standards and the automation of financial management systems. In all cases, the change to these SAIs’ ex ante audit assignments also led to the introduction of ex post performance audit assignments. Italy 1994 The Italian Court of Accounts significantly redesigned its ex ante audit function during the mid-1990s in parallel with reforms to the budget act and the accounts structure (budget and financial statements). For over 130 years, until 1994, the Italian Court of Accounts carried out ex ante audits of almost all administrative acts in order to prevent unlawful expenditure. This amounted to approximately 5 million ex ante audits annually during the early 1990s. Moreover, since 1976, the Constitutional Court has recognised that the Italian Court of Accounts has the power to raise, during the procedure of ex ante compliance audit, interlocutory questions of constitutionality, especially with regard to violation of Article 81 of the Constitution (violation of respect of the equilibrium of the budget and of the correct funding of the spending laws) assimilating the function to a jurisdictional one. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 102 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Box 2.2. Changes to ex ante audit assignments in supreme audit institutions of Italy, Portugal and Belgium (cont.) The proposal to change the ex ante audit function came from the Italian Court of Accounts. In 1991, the Italian Court of Accounts, in its annual reports, urged the legislature to take action to reform its mandate in line with the reforms within the public administration. These broader reforms sought to enhance the performance management and accountability of individual public entities, including the development of internal control. Underlying the Italian Court of Accounts’ request to reform its mandate was concern over duplicated work carried out by the central accounting offices located in each ministry. The Italian Court of Accounts articulated that duplication of ex ante audit assignments with the accounting offices weakened the responsibility of public officials, often resulting in issues being deferred to the Italian Court of Accounts to certify the legality of administrative acts. The redesign of the Italian Court of Accounts’ ex ante audit assignment – as established by Law 20/1994 – considerably reduced the number of acts subject to this form of control, especially those of regional governments and local authorities. The Italian Court of Accounts retained some assignments to conduct ex ante audit of high-value contracts as well as government acts regarding directives for the performance of administrative activities; the appointment of executive officers to the civil service and setting personnel levels; normative acts of central government with external effects; programming acts involving expenditure; acts implementing rules of the European Union; and central government acts determining the distribution or allocation of financial resources (e.g. deliberation of Economic Planning Committee). The 1994 reform also authorised the Italian Court of Accounts to conduct ex post performance audit assignments to enhance the accountability of public officials. The Italian Court of Accounts became responsible for conducting ex post as well as concomitant compliance, financial and performance audits on all the administrative sectors and related managements. More recently, statutory reforms have enabled the executive to request the expert opinion of the Italian Court of Accounts (Law 131/2003 and Law Decree 78/2009, Art. 17, par. 30). Other important commitments concern the report to parliament on the financial account of the state (recently it has also been established the report on the financial accounts of regions to regional councils) and the related certifications, as well as the report to parliament on the co-ordination of the multilevel public finance. Portugal The Portuguese Court of Accounts has exercised its ex ante control powers since 1881, covering almost all administrative acts and contracts, in view of preventing unlawful expenditure. The 1990s were marked by the growing independence of the court as set out by the Court of Auditors Law 86/89 of 8 September. This began the implementation of a strategic option for strengthening, improving and expanding the court’s scope of audit control to include a focus on management assessment. This coincided with a remarkable reduction of the incidence of ex ante audits and the establishment of a classification system for grounds of refusal for the “seal of approval” (visto) and declaration of conformity. Reforms in 1997, as determined by the Court of Auditors Law 98/97 of 26 August, included new legal criteria for the court to intervene based on the nature of the entity involved. In effect, the reforms extended the subjective scope of financial control powers of the court to include all entities benefiting from capital investment by public entities or receiving money or other public values, regardless of their legal status. This extension was thus considered to strengthen the effectiveness of all audit procedures, as it enabled the court to verify acts and contracts of all entities managing public funds, including public companies, associations and foundations as well as private entities. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 103 Box 2.2. Changes to ex ante audit assignments in supreme audit institutions of Italy, Portugal and Belgium (cont.) A 2006 reform of the Court of Auditors Law again changed the jurisdiction of the Court of Auditors, forcing the first Chamber to focus on acts and contracts deemed materially relevant, regardless of the entity involved. Since then, the determining factor has been the presence, usage and management of public resources or other values in acts and contracts, not the entity itself that uses the resources. This change aimed primarily, among other reasons, to subject contracts to ex ante audit that were previously outside of the audit criteria. A further enlargement in 2012 added any contracts of public and private entities under public control or contracts valued at more than EUR 5 million of public resources. Furthermore, all contracts above EUR 950 000 are frozen until they obtain a seal approval. Although the number of ex ante audit assignments has decreased since the 1990s, both the scope and the financial value of acts and contracts subject to ex ante control have increased. The court’s current ex ante audit control ensures the legality of and the budgetary cover for acts and contracts which generate expenses or have any direct or indirect costs and responsibilities for: the state and its services the autonomous regions and its services local authorities, their associations or federations and services and their metropolitan areas. Additionally, the court’s ex ante audit control spans any entities created by the state or other public entities to carry out administrative functions originally incumbent on the public administration financed, directly or indirectly, by the state. Belgium 2012 The Belgian Court of Accounts ended its ex ante audit assignments in the beginning of 2012. Through its ex ante audit assignments, the Belgian Court of Accounts issued a visa of payment (visa préalable au paiement) authorising the disbursement of funds from the treasury. All central government expenditure was subject to the ex ante audit by the Belgian Court of Accounts, excluding fixed costs (salaries and pensions), cash advances and municipal (communes) expenditure. In the 2001 fiscal year, the Belgian Court of Accounts’ ex ante audit assignments covered: the federal government : 56 388 orders of expenditure (excluding debt), representing approximately 10 748.6 billion francs (EUR 266.4 billion) the Dutch Community : 23 909 orders of expenditure (excluding debt), representing approximately 216.4 billion francs (EUR 5 364.0 billion) the French Community : 9 842 orders of expenditure (excluding debt), representing approximately 81 043.0 francs (EUR 2 009.0 billion) the Walloon Region : 39 683 orders of expenditure (excluding debt), representing approximately 187.9 billion francs (EUR 4.7 billion). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 104 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Box 2.2. Changes to ex ante audit assignments in supreme audit institutions of Italy, Portugal and Belgium (cont.) The development follows a number of reforms within the public administration introduced since the early 2000s that gave rise to public accounting reforms (Law of 22 May 2003) and the roll out of computerised accounting systems (FEDCOM). These reforms were led by the government with the Belgian Court of Accounts participating in the General Delegation for the Reform of Public Accounts (la Délégation générale à la Réforme de la comptabilité publique). The reform was part of the convergence of the government of Belgium to the European System of National and Regional Accounts (i.e. ESA95). Convergence was intended to support the collection of comparable, up-to-date and reliable information on the structure and developments of the Belgian economy and its regions. The Law of 22 May 2003 also amended the Law of 29 October 1846 on the organisation of the Belgian Court of Accounts, giving the court a number of new skills and ending the ex ante audit of expenditure. Ex ante transaction-based audits were considered as inefficient and incompatible with the desire to perform more in-depth ex post audits and also with the move towards performance management introduced since 2003. The focus on a priori expenses meant that the ex ante audit presented only a fragmented picture of overall management. Removing the ex ante audit function can also work to disempower those public officials that would have otherwise hidden behind prior approval. The reforms also gave rise to the introduction of a new organisational structure of the Belgian Court of Accounts. Prior to the abolition, the Belgian Court of Accounts estimated that 30% of its workforce was involved in ex ante audits. The trend towards ex post audit and managerial flexibility does not mean there is less control, but rather more and more varied types of control. The move puts a new burden on managers to implement processes to achieve effectiveness, reliability and compliance. In practice it means trading the inefficient but relative certainty of checking the regularity and legality of individual transactions to the more efficient and relative uncertainty of verifying the proper operation of systems. The SAI of Peru has limited its previous control function to audit only high risk areas including additional budgets of public works, procurement of asset services or military works exonerated of public bidding or direct awarding. The rise of internal control has freed up external auditors and controllers to adapt their processes to focus on governmental performance. The tendency is that there is more work for both, rather than internal control influence coming at the expense of external control (Ruffner and Sevilla, 2004). It is interesting to note that the legal framework of the CGR foresees the possibility of rebalancing ex ante control of legality (TdR) and ex post audits. Regarding the former, the CGR may exempt operations from TdR (a possibility that is used, with limitations, by the CGR, as discussed later). Similarly, the law does not prevent the CGR from performing in-depth analysis of processes and systems at a government-wide or sector scale on the basis of its audit work – as it has begun to do recently – nor from auditing the accuracy of data that support performance assessments. Even performance auditing itself could be contemplated by the CGR to the extent that it does not pass judgement on the merit of public policies. Thus, the changes that in other countries have required legal or even constitutional reforms, in Chile fall within the purview of the authority of the CGR. The next sections elaborate further on why these changes can be necessary and how they can be implemented, if so decided by the CGR. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 105 Leveraging ex ante control of legality and ex ante audit to incentivise good governance The INTOSAI “Lima Declaration of Guidelines on Auditing Precepts” defines ex ante audit – or a priori audit or pre-audit as it may be sometimes referred – as a “before the fact” review of administrative or financial activities. Generally speaking, administrative or financial activities may not be executed by the administration until after the ex ante audit is completed and the SAI gives authorisation. The Lima Declaration notes that ex ante audit has the advantage of being able to prevent damage to the state before it occurs. Moreover, it is frequently cited that refusal to authorise administrative or financial activities as a result of an ex ante audit can have an educational effect and lead to positive changes in the functioning of the administration. Nevertheless, the Lima Declaration notes that ex ante audit may have the disadvantage of creating an excessive amount of work and blurring responsibilities under public law. However, the Lima Declaration is explicit that ex ante audit may be carried out by institutions other than the SAI or other audit institutions (INTOSAI, 1977, Section 2). Where ex ante audit is conducted by an SAI, it is differentiated from an expert opinion (INTOSAI, 1977, Section 12). A matter subject to ex ante audit must be transmitted to the SAI, the SAI must authorise (or reject) the matter and the executive authority must subsequently abide by the SAI’s decision. In contrast, an SAI is not obliged to respond to a matter brought before it for an expert opinion by an executive authority or a legislative body, though an SAI may also provide an expert opinion without a request. The executive authority or legislative body subsequently bears sole responsibility for accepting or rejecting an SAI’s expert opinion. When issuing an expert opinion, the SAI should not anticipate future audit findings and the opinion must not interfere with the effectiveness of its audit assignments (INTOSAI, 1977, Section 12). Ex ante control of legality – or toma de razón (TdR) as it is referred in Chile – is a core element of the CGR’s portfolio. Toma de razón (TdR) is a preventive, ex ante verification of the legality of certain administrative acts, exclusively focused on legal complicance vis-à-vis the whole spectrum of the national and applicable international legal framework (Constitution, international treaties, laws and regulations). The Constitution (Art. 99) establishes that the Comptroller General has the authority to record and perform TdR administrative acts. However, the CGR Organic Law gives the institution much discretion over the TdR process and it may exempt administrative acts other than those issued by the President of the Republic from TdR. All administrative acts subject to TdR must be processed by the CGR before being published in the the Official Journal (Diario Oficial). In case of violation of these provisions, the CGR has authority to apply administrative sanctions against the responsible official (Law 10 336, Art. 154). Toma de razón spans back to the 19th century in Chile (Box 2.3) and has led to the TdR being a function deeply integrated into the Chilean administration (Cordero, 2006; Santiso, 2006; Faundez, 2007, 2010). TdR is seen by the CGR as an important control for the preservation of law and order that can be associated with legitimacy of administrative action and trust in government. At the same time, it is important to note that this ex ante audit function does not exist in the majority of benchmark SAIs (Chapter 1), while in the few where it is present, the scope is limited, either functionally (e.g. Italy) or financially (e.g. Portugal). In recent years, the CGR has taken a number of actions to enhance the timeliness and consistency in the way it conducts TdR. These actions, together with those discussed in Chapter 1, have contributed to improving internal management within the CGR, and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 106 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT could be complemented by reassigning this function vis-à-vis: i) ongoing efforts to modernise the public administration, including trends to enhance internal control and institutionalise performance management; and ii) potential risks associated with a broad application of the TdR. The broad application of TdR may undermine incentives for the heads of public entities to strengthen their internal control frameworks as a key management system. Heads of public entities and other public officials may choose to rely on the CGR to review the legality of their administrative acts ex ante, rather than investing in the development of strong, independent internal control mechanisms that could reliably fulfil the purpose to respect and act in alignment with Chile’s legal system. Or public entities may pay excessive attention to the acts that will be subject to TdR, thereby duplicating efforts and incurring in an opportunity cost in the use of internal control units. However, efforts to rebalance TdR need to go hand in hand with broader public administration efforts to strengthen its control system, so as to ensure that the purpose fulfilled by TdR can be reliably achieved through other means, namely independent, capable and efficient internal control systems within public entities and professionalised, independent legal units. Box 2.3. History of the Office of the Comptroller General of the Republic of Chile’s toma de razón The Office of the Comptroller General of the Republic’s (CGR) ex ante audit assignment – the toma de razón (TdR) – can be traced back to the 19th century. During this period TdR was not formally differentiated from the recording of administrative acts and the terms were often used interchangeably from one another. Decree with Force of Law of 18 May 1839 gave the Accounting Department (Departamento de Contabilidad) the responsibility of “recording (tomar razón)” laws, regulations and decrees so that they could be reproduced extensively. Moreover, administrative acts compiled at the turn of the 20th century (1891-1918), by the then Prosecutor of the Chilean Tribunal of Accounts, Valentín Letelier, appear to confirm that the review of administrative acts through the TdR was limited to matters of public property and employment. The TdR was not initially discussed in the proposal to create the CGR by the Kemmerer Mission’s recommendations, nor was reference to this assignment included in Decree with Force of Law 400-bis/1927 establishing the CGR. It was only nine months after the establishment of the CGR that the institution was formally bestowed – through Decree with Force of Law 2 960-bis/1927 – responsibility of controlling the legality and constitutionality of supreme decrees. This Decree with Force of Law provided the CGR 20 days to accept (cursar) or reject (representar) a supreme decree issued by the President. The Constitutional Reform of 1943, which recognised the CGR as an autonomous body, stated only that the CGR “will perform those functions assigned by the law”; it did not make specific reference to TdR. It was only in the 1980 Constitution of the Republic of Chile that the TdR was recognised as a constitutional CGR responsibility. The current application of the TdR can be understood as a consequence of the marginalisation of the CGR during the 1920s and 1930s. During this period, the executive treated the Comptroller General and the TdR with much disdain, made possible because of the lack of clear authority and independence of the CGR. On a number of occasions, the executive resorted to issuing “insistence decrees” before forwarding the original decree to the Comptroller General for TdR – a process known as “unborn decrees” (decretos nonatos). The government used unborn decrees on 116 occasions from 1932-37 (i.e. the Alessandri administration), 65 occasions from 1938-41 (the Aguirre administration) and 24 occasions in 1942 (the first year of the Ríos administration), often to exceed expenditure limits set in the state budget. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 107 Box 2.3. History of the Office of the Comptroller General of the Republic of Chile’s toma de razón (cont.) In response to these developments, the Congress took two decisions that led to the radical transformation of the TdR. In 1943, Congress elevated the status of the CGR to that of an autonomous constitutional body, enhancing its authority within the political system and reinforcing its independence. Then, in 1945, Congress impeached then Comptroller General on the grounds, among others, that he had failed to discharge his role as guardian of administrative legality. The impeachment noted that the Comptroller General had rubber-stamped decrees issued by the President related to the breaking labour strikes and fixing commodity prices without considering the public interest – even though this went beyond the Comptroller General’s mandate to enforce the legality of administrative acts. After the impeachment of the Comptroller General in 1945, the government took the CGR very seriously. Moreover, the Comptroller General abandoned its earlier minimalist approach to TdR that was limited to issues of legality. Between 1946-58, i.e. the Ríos and Ibáñez administrations, not a single “unborn decree” was issued by the government. The Comptroller General also began to examine the merit underlying administrative acts. For example, in 1958 the Comptroller General required the government to provide evidence that labour strikes posed a threat to public health or paralysed industries deemed vital to the national economy as a prerequisite for approving decrees to break these strikes. In 1962, the CGR successfully challenged an attempt by the government to use its requisition powers, in this case of wheat, as a device to enforce price controls. In more recent years the CGR has limited its scope in the TdR of administrative acts to legal aspects. This has been reinforced by Law 19 817/2002 which modified the CGR Organic Law and states that the TdR may only focus on the legality and not the merit of administrative acts (Law 10 336, Art. 21.b). Source: Aldunate, L.E. (2005), “La evolución de la función de Control de la Contraloría General de la República [The evolving function of the Office of the Comptroller General of the Republic]”, Revista de Derecho de la Pontificia Universidad Católica de Valparaíso, Vol. XXVI, tomo II, pp. 19-30; Armijo Dinamarca, I. and A. Carreño Riveros (1997), “La Contraloría General de la República, evolución histórica, organización y funciones [The Office of the Comptroller General of the Republic, historical evoluation, organisation and functions]”, Memoria de Prueba (Licenciatura en Ciencias Jurídicas y Sociales), Universidad Central; Rajevic, M.E. (2007), “La ugente reforma del sistema de control administrativo: Una exigencia de la probidad [The urgent reform of the administrative control system: The requirement of probity]”, in Revista de Derecho Público, Vol. 69 (Actas de las XXXVI Jornadas de Derecho Público), Universidad de Chile, pp. 3659; Faundez, J. (2007), Democratisation, Development and Legality, Chile, 1983-1973, Palgrave MacMillan, New York; Faundez, J. (2010), “Chilean constitutionalism before Allende: Legality without courts”, Bulletin of Latin American Research, Vol. 29, No. 1. CGR authorisation through the TdR gives tacit approval to the legality of an administrative act. Insofar as the CGR examines the legality of administrative acts through the TdR, a conflict may arise when and if an ex post audit questions the legality of, or finds related problems with, previously examined administrative acts. While these acts are in principle independent (TdR looks at the legality of the proposed act while ex post audit will look at legal compliance during execution), such a conflict may give arguments to administrators to contest the CGR’s ex post audits. TdR may also create a substantial opportunity cost for the CGR to conduct other audit assignments that could contribute further to strategic agility in the public administration. The sheer number of administrative acts subject to TdR crowds out capacity within the CGR to work on other ex post audit assignments. Moreover, the competencies necessary for conducting TdR are different to those necessary for ex post audit assignments, creating internal rigidities. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 108 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT This section provides an overview of the scope, criteria and procedures for the TdR in order to discuss how it may be rebalanced. Its preliminary recommendations centre upon: integrating TdR automation with government ICT systems to enhance internal control and reduce administrative burden, moving towards ex post control of legality (validación), as will be the case in matters related to human resources via the Public Administration Personnel Information and Control System (Sistema de Información y Control del Personal de la Administración del Estado, SIAPER) starting in the first quarter of 2014 further the use of exemptions to TdR of administrative acts in order to incentivise sustained improvements in internal control providing public entities with structured information on recurring issues by type of administrative act or public entity identified through the TdR process in order to support the identification of ways to improve administrative decision making further support efforts to consolidate an independent, capable and efficient system of internal control in the Chilean public sector reallocate efforts and capacity to undertake ex post audits of regulatory management. The scope of ex ante toma de razón is broad in coverage and the process is deeply integrated into administrative decision making The CGR Organic Law defines the general scope, criteria and procedure for the TdR. The Comptroller General may review administrative acts of the President of the Republic, the heads of public entities (Law 10 336, Art. 10) and some acts of certain public services (Resolution 1600/2008). Lower level administrative acts, such as instructions, oficios, ministerial orders or opinions, are exempt from TdR. Specific laws may exempt specific types of administrative acts from TdR. For example, administrative acts of Chile’s 345 municipalities are exempt from TdR by the Organic Constitutional Law on Municipalities (Law 18 695, Art. 53). Administrative acts of the Council for Transparency (Consejo para la Transparencia) are exempt from TdR under the Transparency and Access to Information Law (Law 20 285, Art. 43). Administrative acts related to economic, social and environmental regulation issued by an independent regulatory agency (superintendente) and those of the Public Prosecutor (Fiscalía) are also exempt from TdR. The TdR applies to administrative acts that have direct budgetary consequences above a certain threshold (Arts. 7, 8 and 9 of Resolution 1600/2008) as well as those related to general economic, social and environmental matters other than those issued by an independent regulatory agency. Administrative acts that have direct budgetary consequences include those related to human resource management, procurement and public debt. Administrative acts related to human resource management include the decisions to employ an individual public official and to pay him/her a salary. For example, the CGR must perform TdR the renewal of approximately 80 000 public officials employed on renewable one-year contracts at the beginning of each and every year.2 This can result in delays of contracts being approved and individuals receiving pay, which can make it difficult retaining competent public officials. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 109 Administrative acts related to public procurement include individual calls for tender, prequalification, contract award and payment. Administrative acts related to public debt include that issued by the Ministry of Finance (Ministerio de Hacienda), the State Treasury (Tesorería General de la República), public universities, public enterprises and the Social Security Institute (Instituto de Previsión Social) (Law 10 336, Art. 13). Regulation related to economic, social and environmental matters – other than that issued by an independent regulatory agency – includes that relating to urban and municipal planning, among others. The CGR’s approval of municipal regulatory plans is considered as contributing to a drawn out approval process that can take more than two decades (OECD, 2013d). The CGR focuses on the legality of administrative acts through the TdR process. However, historically this has not always been the case, as discussed in Box 2.2. Law 19 817/2002 modifying the CGR Organic Law, made explicit that the CGR may only focus on the legality and not the merit of a decision conveyed through an administrative act (Law 10 336, Art. 21.b). This means that the CGR may review the compliance of an administrative act with higher order regulation as well as the quality of legal drafting. The CGR will also not acknowledge any administrative act if it includes spending that is not authorised by the Annual Budget Law or another special laws (Law 10 336, Art. 147). The CGR does not review whether the administrative act has a clear policy goal, whether there has been an impact assessment to examine the benefit and cost of the decision, or whether co-ordination within government or public consultation with business and citizens has been satisfactory. The CGR Organic Law establishes a deadline for the TdR as 15 working days after receipt of the administrative act from the administration. This period may be extended for a further 15 days by the Comptroller General by means of a justified resolution if there are considered serious and specific reasons (Law 10 336, Art. 10). The CGR must inform the Chamber of Deputies a list of decrees that have not been dispatched within the specific period of 15 days with an explanation of the reason for the extension (Law 10 336, Art. 10). Through the TdR process, the CGR may either: approve (tomar razón) the administrative act, stamping the act with “Contraloría General de la República – Tomado Razón” approve the administrative act with interpretation (tomar razón con alcance), adding a comment on the administrative act that complements or rectifies it or reject (representados) the administrative act because it is considered illegal or unconstitutional. The CGR must inform the Ministry of the General Secretariat of the Government (Ministerio Secretaría General de Gobierno, SEGPRES) of all administrative acts that it rejected through the TdR process. Formally, the SEGPRES is to channel this information to the relevant public entity so that the matter can be recorded in the relevant official’s records and the relevant authority can initiate disciplinary measures, as appropriate (Law 10 336, Art. 11). However, as noted in Chapter 1, the SEGPRES does not have a role in overseeing and guiding these legal units, raising concern over the ability to systematically address errors in administrative acts. The CGR does not provide the administration with structured information on recurring issues by type of administrative act or public entity identified through the TdR process. Providing structured information CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 110 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT could support discussions of the root causes of these problems as a basis for identifying ways to improve administrative decision making. The President of the Republic may force the issuance of an administrative act rejected by the CGR by using an insistence decree (decreto de insistencia) signed by all the ministers of state. The Constitution (Art. 99) establishes that the Comptroller General must permit (cursar) an insistence decree irrespective of any observations that it may have regarding the original administrative act (with the exception of rejections based on unconstitutionality or expenditure decrees that exceed the limit set constitutionally). The Comptroller General must also inform the Chamber of Deputies of the use of any insistence decrees within 30 days of their issuance, sending a complete copy of the decree together with background information on the original administrative act. The CGR is also obligated to report cases of insistence by the President of the Republic in its Annual Report (Law 10 336, Art. 10). The President of the Republic did not issue any insistence decrees in FY 2007-12 (CGR, 2008; 2009; 2010a; 2011a; 2012a; 2013). The Comptroller General may also initiate ex oficio or upon consideration of an explicit request by the President of the Republic to authorise the enactment of administrative acts before they have been subject to TdR. This may be done, for example, for administrative acts designed to avoid or repair damages to the community or state caused by earthquakes, floods, fires, disasters, calamities or other emergencies; or measures that would cease to be timely or be likely to lose their relevance if not implemented immediately, provided that these do not infringe people’s essential rights.3 Such administrative acts must, however, state the circumstance on which it is based. If the Comptroller General does not expedite those administrative acts, the fact and reasons must be made known to the President of the Republic and the Chamber of Deputies (CGR Resolution 1 600/2008). The CGR approved, outright or with modification, the majority of administrative acts subject to TdR. The CGR conducted, on average, approximately 275 000 TdR of administrative acts annually in 2008-11: 250 000 related to state personnel matters and 25 000 related to other matters (Chapter 1). Information was not reported through the CGR’s annual report on the number of administrative acts related to public works. Between 2008 and 2012, an average of 5% of administrative acts related to state personnel were rejected by the CGR, ranging from 4% in 2008 to 7% in 2011. During the same period, the CGR rejected 8% of administrative acts not related to administrative acts other than human resources, public procurement or public debt, ranging from 5% in 2008 to 10% in 2011. Between 2008 and 2012, the CGR rejected approximately 9% of decrees with force of law, 4% of decrees and 11% of resolutions (Figure 2.4). Information was not reported through the CGR’s annual report or available from the CGR, on the recurring issues underlying the rejection of administrative acts, preventing any more detailed analysis.4 It is expected that the automation of TdR through SIAPER (SIAPER TRA) will facilitate statistical information and reporting on the recurring issues regarding human resource administrative acts. In 2011, the average time for the TdR of administrative acts related to human resource management in the central government was 13.9 working days – 18.3 working days in the CGR headquarters and 9.6 working days in the 14 CGR regional offices – compared with an average time of 22.8 working days in 2010. Detailed information was not available for the processing time for TdR of administrative acts addressing matters other than human resource management (e.g. public works, for public debt). However, the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 111 average time for TdR for acts other than those related to human resource management is reported to be 12.9 working days in 2010 and 11.7 working days in 2011. Figure 2.4. Outcome of toma de razón by the Office of the Comptroller General of the Republic of Chile A. Administrative acts related to human resource management Approved 100% Rejected Withdrawn (by administration) 3.7% 80% 6.0% Pending at end of year Other* 6.9% 5.8% 5.6% 60% 40% 20% 0% 2008 2009 2010 2011 2012 B. Administrative acts addressing matters other than human resource management Approved Approved with modification Rejected Withdrawn (by administration) Pending at end of year 100% 80% 60% 40% 20% Decree promulgating a Law Decree with force of Law Decree 2012 2011 2010 2009 2008 2012 2011 2010 2009 2008 2012 2011 2010 2009 2008 2012 2011 2010 2009 2008 0% Resolution Notes: A decree promulgating a law is issued by the President for signing into law as a bill approved by Congress; a decree with force of law is issued by the President, under a power delegated for this purpose by the National Congress, which must be specific and limited to a maximum period of one year and has legal force; a decree is an administrative act is by the President or a minister of state; a resolution is an act issued by a chief of the administrative service. In 2012, the number of acts withdrawn by the administration before TdR was 3 559 (not including personnel matters). C. Administrative acts addressing public debt Approved Observed Withdrawn (by administration) Pending at end of year 100% 80% 60% 40% 20% 0% 2008 2009 2010 2011 2012 Source: Adapted from CGR (2008, 2009, 2010, 2011, 2012, 2013), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 112 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT The improved processing time for administrative acts related to human resource management is attributed to the automation of the TdR process. In addition, the CGR reports that TdR of other administrative acts has been made more efficient by the use of standardised formats (bases administrativas) that are pre-approved by the CGR5 and internal CGR process re-engineering. The CGR has agreed on over 50 standardised formats for different public entities related to procurement and public works – 8 in 2009, 6 in 2010, 19 in 2011, 17 in 2012 and – as of the time of preparing this chapter – 1 in 2013. Chapter 4 discusses the CGR’s process re-engineering in more detail. Integrate toma de razón automation with government ICT systems to enhance internal control and reduce administrative burdens Automation has been a key element for enhancing the timeliness and efficiency of the TdR process. Prior to the automation of the TdR, public entities had to submit the physical draft documents in chapter copy to the CGR offices. Automation of the TdR has, however, largely been limited to administrative acts related to human resource management through SIAPER. The CGR has sought to promote the automation of TdR for other administrative acts through the Electronic Transmission System (Sistema de Tramitación Electrónica). However, at of the time of preparing this review, the take up of this system was limited to the Ministry of Interior’s Subsecretariat for Regional Development (Subsecretaría de Desarrollo Regional y Administrativo, SUBDERE) and two regional governments (Coquimbo and Los Lagos). SIAPER was launched in 2009 and its use has expanded during the last several years. During the first phase, SIAPER was used as a database for the CGR on state personnel administration. In August 2011, the SIAPER RE (SIAPER Registro Electrónico) module was launched to support the registration of human resource decisions exempt from TdR.6,7 Today this service is open to nearly all public entities, including 24 municipalities as of 2013. In 2013, the CGR launched the SIAPER TRA (SIAPER Toma de Razón Automática) module to support the digitalisation of the TdR conducted based on pro forma business rules and catalogues of administrative acts for each public entity. 8 The SIAPER TRA will start operating with 20 public services in the first quarter of 2014. As a further stage of development, the CGR will enable SIAPER interoperability with information systems from the judiciary, the University of Chile, the Ministry of Education, the Ministry of Foreign Affairs and the Civil Registry (Figure 2.5). SIAPER was conceived to: i) support integration of human resources data and information dispersed in different government information systems; ii) assist the preparation of comprehensive, accurate, timely and user-friendly data and information to support human resource decision making; iii) enhance transparency and public access to information on the human resource management information; and iv) increase efficiency of recording of human resource decisions and reduce the risk of loss of administrative documents (World Bank/IADB, 2005). However, SIAPER and the Electronic Transmission System primarily support the CGR’s assignments and do not support public entities to improve their own management practices and related internal controls. As of today, they do not provide those charged with governance and human resource management within individual public entities with information to support their decision making and internal control responsibilities.9 The CGR offers three ways for public services to submit information, from direct input on the CGR’s website to automated transfer via web services, depending on the actual capacities of each public service. While overall SIAPER has reduced significantly the time required CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 113 for registering administrative acts, in practice it still imposes an administrative burden on those public services with less IT capacity. Figure 2.5. Public Administration Personnel Information and Control System (SIAPER) developed by the Office of the Comptroller General of the Republic of Chile Public Administration Personnel Information and Control System (SIAPER) SIAPER Database Judiciary Felony convictions SIAPER RE Registration of personnel administrative exempt from ex ante audit Ministry of Foreign Affairs Certificate of professional degree ratification Ministry of Education Certificate of licences SIAPER TRA Electronic ex ante audit of personnel administrative subject to ex ante audit Universidad de Chile Certificate of professional degree and degree ratification SIAPER MUN Ministry of Defence Recruitment status Civil Registry Record Certificate Register of Convictions Registration Disabilities Death Certificate Name Registrations Source: Office of the Comptroller General of the Republic of Chile. Moreover, the development of these systems has largely been independent of the government’s efforts to modernise and integrate its own back-office systems – though this was not always the case. When originally conceived in 2001, SIAPER was to be developed as part of the State Financial Management Information System (Sistema de Información para la Gestión Financiera del Estado, SIGFE) to be operated by the Ministry of Finance’s Budget Directorate (Dirección de Presupuestos, DIPRES). However, slow progress led the DIPRES to agree and provide the necessary funds for the CGR to develop the system. As a result, SIAPER may respond today better to the information needs of the CGR, rather than becoming the joint information system initially thought of. The CGR substantively involved the Ministry of Finance’s National Civil Service Directorate (Dirección Nacional del Servicio Civil) in the initial development of SIAPER. The National Civil Service Directorate was created in 2003 to support the modernisation of the public sector through co-ordinating, supervising and proposing measures for strategic workforce management. Enhanced availability of data on public officials and strengthened internal control of human resource management is closely linked with this directorate’s mandate. The National Civil Service Directorate’s responsibilities include: CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 114 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT i) formulating policies to improve human resource management in government; ii) providing specialised advice on human resource management issues to public entities; iii) supporting the professionalisation of human resource units within public entities; and iv) promoting measures to improve human resource management within the public sector. Today, SIAPER provides relevant information to the National Service Directorate, particularly in what concerns the System of High Public Management (Alta Dirección Pública). Recently, the CGR has invited the National Civil Service Directorate to participate in the pilot of SIAPER TRA. Although automation of TdR is in line with broader government modernisation initiatives, it has been developed with limited engagement of executive authorities in charge of e-government. In particular, the government has created the Personnel Management Integrated System – Personnel and Remuneration Registration (Sistema Integral de Gestión de Personas – Registro de Personal y Remuneraciones) to maintain employee records, wages, attendance and medical leave, among others. The development of this human resource management system began in 2009 and it was launched in 2011 (Gobierno de Chile, 2012a) – in parallel with the rollout of SIAPER. These initiatives have strong potential synergies, yet they been developed independent of one another and the potential for SIAPER to support critical human research management functions in the executive branch, including strategic workforce remains largely unexploited. Further utilise exemptions to toma de razón of administrative acts in order to incentivise sustained improvements in internal control The CGR Organic Law grants the Comptroller General authority to exempt administrative acts related to matters considered “non-essential” (no esenciales). As noted previously, only administrative acts issued by the President of the Republic may not be exempt from TdR, as stated in the Constitution (Art. 99). Exemptions to TdR were first introduced in 1962 by Law 14 832 (Art. 1b) amending the CGR Organic Law. The amendment was proposed by the then Comptroller General Enrique Silva Cimma to President Jorge Alessandri in line with the principles of effectiveness and efficiency of the public administration (Varas, 2012). The Comptroller General may exempt selectively, in one or more public entities or for specific periods, as deemed appropriate. One consideration could be to limit the focus of the ex ante control of legality to high risk areas including additional budgets of public works exonerated of public bidding or direct awarding, as does the SAI of Peru. Exemptions may be initiated ex oficio by the Comptroller General or upon consideration of an explicit request from the President of the Republic. The Comptroller General must report to the Chamber of Deputies on exemptions of the TdR (Law 10 336, Art. 10) – though it is silent as to whether the CGR must explain the reasons underlying a decision to exempt or reassign TdR for specific administrative acts. Exemptions of administrative acts for TdR are currently regulated by CGR Resolution 1 600/2008, a summary of which is provided in Annex 2.A1. This resolution was not the first time the CGR regulated which administrative acts are exempt from TdR. The CGR has issued six resolutions updating the list of administrative acts subject to, and exempt from, TdR between 1973 and 2008.10 Although the current resolution presents information in a more structured and consolidated manner, it does not systematically relax TdR. For example, personnel matters for the armed forces, district judges and other officials were exempt in 1980 but once again subject to TdR in 2008. Modification of budget amendments and the issuance of debt instruments for state universities were exempt from TdR in 1996 but once again subject to TdR in 2008. The monetary CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 115 thresholds to exempt public contracts from TdR were also increased in 2008. Moreover, exemptions are valid only for a period of one year and may be rescinded at any time by the CGR, raising concerns over the sustainability of efforts and the cost versus the benefit for public entities to pursue exemption. As of today, no public entity has requested exemption.11 In addition, CGR Resolution 1 600/2008 (Art. 19) permits public entities to request specific administrative acts to be exempt from TdR. Public entities may request an exemption if they can demonstrate that their specific administrative acts have not received any observations from the CGR for a minimum period of one year. Exemptions are valid for a period of one year – though this may be rescinded at any time by the CGR. However, to date no public entity has requested to be exempt from TdR as made possible in Resolution 1 600/2008. The CGR recognises that this may be partly attributed to a lack of a communication strategy on its behalf. However, there is also little incentive for public entities to request exemption – or even for that matter to expedite the speed of TdR through the use of the Electronic Transmission System. The CGR also assumes that public entities have the information systems to track the outcomes of TdR. As mentioned previously, the submission of administrative acts for TdR is done in chapter copy and the CGR electronic systems do not provide public managers with a dashboard to identify which of their administrative acts meet the criteria for exemption. More attention could be given by the CGR as to how to utilise exemptions to TdR as a basis for incentivising sustained improvements in internal control within individual public entities. Exemptions could serve as certification of a public entity’s legal, budgetary and human resource management controls and systems – or to “graduate” from TdR. The exemption of some public entities from TdR could serve as a basis to incentivise improvements across the public administration. In addition, the possible sanction that public entities that neglect their internal control would once again come under TdR would serve as a means to ensure that management is accountable for maintaining its controls. Specific attention would be needed to ensure that a clear criteria be formulated for the assessment of public entity’s legal, budgetary and human resource management controls and systems. The CGR criteria could be formulated in co-ordination with the public administration to integrate with other government programmes. Various government programmes target improvement of the management frameworks of individual public entities. For example, the ChileGestiona programme aims to: i) strengthen oversight and co-ordination within ministries and over their subordinate entities; ii) create indicators of management practices; and iii) formulate plans for improving human resource management. The Management Improvement Programme (Programa de Mejoramiento de Gestión, PMG) is another programme that aims to strengthen various elements of public management, including human resource management and public procurement. The programme defines the level of development, or maturity, for different management systems and establishes technical requirements for each level, defined in terms of content and requirements. In the past, the PMG even applied to Internal Audit. Table 2.2 presents a maturity model that was used for this purpose, to illustrate both the rationale of this approach and how it intended to support a function that is important for the whole control system in Chile. These considerations, however, cannot be made in a vacuum. Rather, it is necessary to take into account the broader system of control in Chile, including: i) the absence of administrative courts within the justice system (which were provided for in the Constitution of 1925 but not in the current one); ii) weak capacity of internal control CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 116 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT units, and the absence of a formalised legal status for the function and profession of internal control;12 and iii) the professionalisation of legal units within each public entity, whose head of divisions are generally appointed at the request of the head of service (only 20% did not change between 2010 and 2013). Table 2.2. Management Improvement Programme – maturity levels for internal audit without Chile’s public entities 2001-2012 Level 1 Level 2 Level 3 Level 4 – The entity formally creates – The entity, through its – The institution, through its – The institution reports to the an Internal Audit Unit, Internal Audit Unit, Internal Audit Unit, Council of Government through the formal undertakes a diagnosis implements the annual audit General Internal Auditors on appointment of the head of using a Strategic Risk plan for the period, corrective and preventive the unit, reporting directly to Matrix (Matriz de Riesgos including: i) applying audit actions based on the the head of the service and Estratégica) identifying procedures according to the recommendations made by objectives aligned with the strategic processes and methodology established by the Internal Audit Unit, and strategic directions of the support, sub-processes and the Council of Government a follow-up report on the entity. stages, in order to prioritise General Internal Auditors, commitments made by the service. audit activities and support indicating the guidelines to the formulation of an Annual be followed to plan, conduct Audit Plan (Plan Anual de and report on the Auditoría). implementation of the annual audit plans; and ii) perform the activities defined in the Annual Audit Plan, including the audit categories: institutional, ministerial and governmental. – The entity develops and/or updates its internal audit charter, approved by the head of the service. – The entity reports on the activities of the Internal Audit Unit, analysing the strengths and weaknesses of the unit, identifying specific skills requirements for the operation of the unit and participating in the regional and ministerial audit committees (Comité de Auditorías Ministeriales y Regionales). – The institution, through its – The institution, through its Internal Audit Unit, prepares Internal Audit Unit, an Annual Audit Plan for the generates monthly reports following year based on the on the implementation of diagnosis made and the Annual Plan and audits considering three audit conducted in their categories: “institutional” respective programmes, audits considering the identifying the audit’s levels and threat of the risks general and specific and available human objectives, scope, timing and results. resources; “ministerial” and “governmental”. – The institution, through its Internal Audit Unit, develops and implements a plan for monitoring of the recommendations contained in internal audit reports, including the subject matter to be monitored, commitments, deadlines and responsibilities linked to the audit conclusions and the degree of compliance with this and other aspects. – The institution, through its – The institution must meet a Internal Audit Unit, minimum target level of generates an annual report monitoring to ensure the of the audits carried out in reduction of the level of risk implementing on the Annual in the management of public resources. Plan, the outcome of the work and recommendations – The institution should identified. maintain the level of maturity of the system at each level. Note: The PMG’s internal audit module was eliminated in 2012-13 as most agencies reached the minimum standard, and were absorbed in a “Performance Monitoring System” introduced thereafter. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 117 Reallocate efforts and capacity to undertake ex post audits of regulatory management practices As noted previously in this chapter, the change from ex ante to ex post audit does not mean there is less control, but rather more and more varied types of control. The change places the burden on managers to implement effective internal control and risk management practices. For SAIs, the change means more and more varied forms of control. In addition to using ex post audit assignments to verify the functioning of entities’ internal controls, the CGR may also give consideration to examine regulatory management practices. Regulatory management aims to ensure that regulations and regulatory frameworks are justified, of good quality and “fit for purpose”. Regulation is indispensable to the proper functioning of economies and societies, and creates the “rules of the game” for citizens, business, government and civil society. At the same time, regulations are not costless, excessive regulation can retard the competitiveness of product markets and lower rates of growth in GDP per capita (OECD, 2011a; Wölfl et al., 2010). The CGR does not have a formal role in reviewing good regulatory management practices, in comparison to a number of OECD countries (Table 2.3). SAIs in more than half of all OECD countries report having a mandate to review regulatory management tools and/or programmes – though only half of these SAIs report that they have actually undertaken a review of regulatory management tools and/or programmes. Most SAI reviews focus on the functioning of regulatory impact assessments such as the European Court of Auditors (Box 2.3). A few SAIs in OECD countries, among them Denmark, report to review administrative simplification reduction programmes. Only the SAI of the United Kingdom has undertaken a comprehensive review of its work on regulatory management. In addition, SAIs in ten OECD countries – including the SAIs of Australia, Korea and Mexico, as well as the European Court of Auditors – are able to report on the performance of independent regulators. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 118 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Table 2.3. Audit of regulatory management sytems by supreme audit institutions in Chile and selected countries Country Australia Mandate to review regulatory management tools and/or programmes Undertaking a review of regulatory management tools and/or programmes Has undertaken a review of the performance of regulators or inspection authorities ● ● ● Brazil .. .. .. Chile o o o Costa Rica .. .. .. Denmark ● ● o European Court of Auditors ● ● ● Israel o o o Italy ● ● o Korea ● ● ● Mexico ● ● ● Peru .. .. .. Portugal .. .. .. South Africa ● o o Spain ● ● ● Notes: ● = Yes; o = No; .. = Missing data. Source: Adapted from OECD (2012), Measuring Regulatory Performance Questionnaire, OECD, Paris. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 119 Box 2.3. Supreme audit institution reviews of regulatory management: Examples from the National Audit Office of Denmark and the European Court of Auditors Regulatory management aims to ensure that regulations and regulatory frameworks are justified, of good quality and “fit for purpose”. Regulation underpins markets (i.e. economic regulation), protects the rights and safety of citizens (i.e. social) and ensures the delivery of public goods and services (i.e. administrative). At the same time, regulations are not costless. The Recommendation on Regulatory Policy and Governance recognises the role of regulation in achieving government policy goals and the role of supreme audit institutions (SAIs) in supporting good regulatory management practices. SAIs in approximately 20% of all OECD countries report to undertaking a review of regulatory management tools and/or programmes. Regulatory management tools and/or programmes include, for example, regulatory impact assessments (RIA), public consultation and administrative burden reduction programmes. The National Audit Office of Denmark and the European Court of Auditors are two examples of SAIs auditing regulatory management. National Audit Office of Denmark’s audit of better regulation and simplification In 2006, the National Audit Office of Denmark conducted a review of the impact of better regulation and simplification, a policy that had existed in Denmark since the 1980s. The audit asked: How have the better regulation and simplification activities been managed? Which measurement methods have been developed to evaluate target fulfilment? What are the gains of the activities? How do the ministries ensure that new legislation is kept simple? The audit took stock of the better regulation and simplification effort made in the period 2001-06 with a focus on the Ministry of Finance, the Ministry of Economic and Business Affairs, the Ministry of Taxation, the Ministry of Justice and the Ministry of Social Affairs. These entities had been selected as the Ministry of Social Affairs and Ministry of Justice are the administrators of legislation which, in particular, affect citizens; the Ministry of Taxation and the Ministry of Economic and Business Affairs are the key administrators of legislation affecting businesses; the Ministry of Finance was selected because of its overall, co-ordinating role in the government’s better regulation and simplification activities. European Court of Auditors’ audit of regulatory impact assessments In 2010, the European Court of Auditors conducted an audit to analyse whether impact assessments support decision making in European Union institutions (i.e. the European Commission, European Parliament and Council). Impact assessments are at the cornerstone of the European Commission’s Better Regulation policy for the improvement and simplification of new and existing legislation. The audit examined the extent to which, during the period 2003-08: impact assessments were prepared by the Commission when formulating its proposals and the European Parliament and the Council consulted them during the legislative process the Commission’s procedures for impact assessment appropriately supported the Commission’s development of its initiatives the content of the Commission’s impact assessment reports was appropriate and the presentation of findings was conducive to being taken into account for decision making. Source: Adapted from NAOD (National Audit Office of Denmark) (2007), Report to the Public Accounts Committee on the Impact of Better Regulation and Simplification, February, RB A501/07; ECA (European Court of Auditors) (2010), Impact Assessments in the EU Institutions: Do They Support Decision-Making?, Special Report No. 3, ECA, Luxembourg, http://ec.europa.eu/governance/impact/docs/coa_report_3_2010_en.pdf. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 120 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Focusing ex post audit on reliability of information International Standards of Supreme Audit Institutions (ISSAI) define three general types of public sector auditing: financial, compliance and performance. Financial audit focuses on determining whether a public entity’s financial information is presented in accordance with the applicable financial reporting framework. Compliance audit focuses on whether the activities of public entities have been conducted in accordance with the applicable authorities. Performance audit focuses on whether government interventions, programmes and entities are conducted in accordance with the principles of economy, efficiency and effectiveness. However, an audit of the legality and regularity of financial management and of accounting – sometimes referred to as regularity audit – may embrace elements of both financial and compliance audit. In other cases, elements of performance audit may be combined with financial or compliance audit activities (INTOSAI, 2013a). The CGR’s ex post audit assignments focus primarily on compliance with legal standards in order to safeguard public funds and promote administrative integrity. Through these ex post audit assignments the CGR seeks to assess public entities’ internal control, operations performed and the completeness of financial records and its supporting documentation. The CGR does not audit the end of year financial statement of individual public entities or the government more broadly.13 Rather, the CGR consolidates the general government financial statements. Nor does the CGR formally conduct performance audits, though issues of economy, efficiency and effectiveness may be addressed as part of an individual audit engagement. The CGR reports that evaluating the performance of the administration is the exclusive responsibility of the Ministry of Finance’s Budget Directorate. This section provides an overview of the CGR’s ex post audit assignments, including its responsibility for consolidating the government financial statements, and explores the linkage of these assignments with government accountability and decision-making processes. Its preliminary recommendations for the CGR centre upon: introducing financial audit of the reliability of the year-end financial statements of public sector entities to increase usability of government accounts auditing the reliability of non-financial performance indicators that underpin programme management and accountability developing a programme of ex post audit to address whole-of-government issues linked to strategic agility. The CGR’s ex post audit assignments focus on compliance with legal standards in order to safeguard public funds and promote administrative integrity The Constitution (Art. 98) defines the CGR’s responsibilities to include: i) overseeing the legality of acts of the public administration, as well as revenue received and investment funded by the state treasury, municipalities and other statutory public entities; ii) examining and judging the accounts of individuals entrusted with resources of public entities under the oversight of the CGR. The CGR Organic Law states that the institution shall examine and inspect the books, records and documents related to fiscal, municipal or social security accounting; and review of the accounts of all individuals involved in managing public funds or assets.14 In the process, the CGR has the functional independence to request reports, declarations or data from any official subject to the authority of its control (Law 10 336, Art. 21). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 121 The CGR Organic Law states that the examination of accounts aims to verify: i) the receipt of income by the state treasury, or by other entities under the oversight of the CGR, and the investment of funds by public enterprises, and whether it has complied with relevant laws and regulations; and ii) the completeness of accounts, authenticity of support documentation and accuracy of calculations (Law 10 336, Art. 95). Accounts are to be audited, settled and closed or amended within a period not exceeding one year from the date of the receipt of the accounts by the CGR. After this period, the civil responsibility of the accountable entity and that which could affect third parties will cease, without prejudice to the disciplinary measures that are applicable to the employees responsible for the delay, and civil and criminal responsibilities which remain subject to common legal norms (Decree Law 1 263/1975, Art. 58; Law 10 336, Art. 96). However, not all public entity accounts are audited each year. The CGR may issue an objection and/or observations as conclusions of its audit assignments. Objections relate to the lack of necessary information or non-compliance with any law or regulation that refers to the use of public funds. Observations relate to amendments that are deemed necessary to be made for the proper presentation of the accounts and other deficiencies that are not classifiable as an objection, including the omission of documents. However, observations may be adjusted to become objections if the audited entity does not attend to the observation within the time period specified by the CGR (Law 10 336, Art. 101). The CGR will also notify the courts if there are objections or irregularities related to suspected criminal activity (Law 10 336, Art. 102). Verification and assessment of compliance with the objectives and goals set for public entities falls within the mandate of the public administration and is the responsibility of the executive branch. The executive branch must evaluate social programmes, industrial and institutional development included in each public entity’s budget, in accordance with the instructions of the Ministry of Finance. Public entities governed by Title II of Law 18 575 – the Organic Law on General State Administration (Ley Orgánica Constitucional de Bases Generales de la Administración del Estado) – must prepare and disseminate an annual report, including an account of operational and financial management of the previous year, with the achievement of objectives, tasks and goals which is shared with the National Congress, in accordance with the instructions from the Ministry of Finance (Decree Law 1 263/1975, Art. 52). Introduce audits of year-end financial statements in order to increase the reliability, usability and confidence of government reporting A financial audit is an independent examination of the financial accounting and reporting of public entities intended to support government accountability and decision making. The purpose of an audit of financial statements is to enhance the degree of confidence of intended users in the financial statements. The results of the audit are presented in a report which expresses an opinion on whether the financial statements as a whole and the information contained therein fairly present each entity’s financial position and the results of its operations and cash flows. The accounting treatments and disclosures reflected in the financial statements by the entity are assessed against relevant accounting standards and legislative reporting requirements (INTOSAI, 2013b). The OECD (2002) “Best Practices for Budget Transparency” considers the timely external audit of the annual report/financial statements by a country’s SAI and subsequent scrutiny by the legislature as critical for integrity, control and accountability. The “Best Practices” establish that the audited year-end government reports be made available, CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 122 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT including free of charge on the Internet within six months following the end of the fiscal year. The role of an SAI with respect to the year-end government reports is to provide independent assurance of the quality and integrity of reported information. The role of the legislature is to hold the executive to account for its management of public finances and the delivery of public policies, drawing upon the SAI’s audit main findings. The case of Chile is different than that of benchmark SAIs, insofar as it is the CGR, rather than the executive, which consolidates the year-end government report (Table 2.4) using the information provided by public entities and municipalities through the National General Accounting System (Sistema de Contabilidad General de la Nación, SICOGEN). The CGR’s consolidated government report, Informes de Gestión Financiera del Estado, includes the budgetary position, financial position and balance sheet of the general government sector (Law 10 336, Art. 144; Decree Law 1 263/1975, Art. 69). The CGR Organic Law establishes that the Comptroller General must inform the President of the Republic and both houses of Congress, no later than April of each year, of the year-end consolidated government report. This report is to include the budgetary and financial information, including state property, for the previous fiscal year (Law 10 336, Art. 142). Table 2.4. Audit of government accounts by supreme audit institutions in Chile and selected countries Country Year-end accounts of individual public sector entities Consolidated government year-end accounts Australia ● ● Brazil ● ● Chile o o Costa Rica .. .. Denmark ● o European Court of Auditors ● ● Israel o o Italy ● o Korea ● ● Mexico ● ● Peru .. .. Portugal ● ● South Africa ● ● Spain ● ● Notes: ● = Yes; o = No; .. = Missing data. Source: See Annex 2.A2. To prepare this report, the CGR receives and validates monthly accounting reports of public entities and municipalities and conducts analysis of the information’s compliance with CGR accounting regulations. During 2012, the CGR received 11 500 monthly accounting and budget reports, of which the CGR had objections to 1-2% of information related to public services and objections to 10-15% of the information related to municipalities. Any objections by the CGR to the accounting information received must be addressed by the public entities. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 123 The CGR does not audit any element of the government’s financial reporting framework (Table 2.5). In addition, it is important to note that fiscal statistics are also collected through SIGFE but follow a different classification from accounting statistics, making it almost impossible to trace one set of accounts to the other. Fiscal statistics are not subject to audit by the CGR and are published under the authority of the Ministry of Finance alone. Neither the annual reports nor the comprehensive management reports issued by individual public entities include financial statements. The annual reports are comprised of key statistics of an entity’s achievements for the past fiscal year. Comprehensive management balance reports include information on the public entity’s achievement of its strategic goals, organisation, human resources and financial resources. Each undersecretariat, service, fund, institution, commission, regulatory agency, public company has its own comprehensive management report.15 This makes it difficult to examine sectoral and whole-of-government issues. In introducing the audit of the annual financial statements issued by individual public entities, the CGR could benefit by considering the timetable for budget preparation. Although the OECD “Best Practices for Budget Transparency”, discussed above, emphasise that the government’s year-end report/financial statements be audited within six months of the end of the fiscal year, it is simply an average. In Chile it would be critical to complete the audits of the annual financial statements of all individual public entities, or a materially significant share of them, within five months of the end of the fiscal year. This would ensure that the audited financial statements are completed before public entities begin preparing their annual budget proposals (Figure 2.6). Indeed, many benchmark SAIs involved in this peer review complete their audit of individual public entity financial statements within four to five months of the end of the fiscal year (Figure 2.7). This is particularly important vis-à-vis the process of convergence of Chile with international accounting standards for the public sector (normal internacionales contabilidad para el sector publico, NICSP).15 December November October September August July June May April March February January Figure 2.6. Chile’s timetable for budget preparation and reporting, approximation Source: based on Blöndal, Jón R. and Teresa Curristine (2006), “Budgeting in Chile”, OECD Journal on Budgeting, Vol. 4/2, OECD Publishing Paris, http://dx.doi.org/10.1787/budget-v4-art8-en. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 124 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Table 2.5. Summary of central government’s financial management reporting in Chile Report Monthly central government budget execution Quarterly central government budget execution Quarterly state-owned companies’ financial reports Comprehensive management balance (balance de gestión integral) Entity annual reports (cuentas públicas) Public finance statistics (estadísticas fiscales) Public finance report Public debt report Content – Central government’s income and expenses, by subtitle – Outturn (balance) – Central government’s income and expenses, by subtitle – Outturn (balance) – Balance ajustado – Income from taxes – Financing items – Central government’s gross debt – Financial statement both by company and consolidated – Status of results, both by company and consolidated – Central government: execution of income and expenses, by subtitle, operative classification of the expense, outturn, balance ajustado, income from taxes, financing items, gross debt, main financial assets, the Reserved Copper Law – Municipalities: execution of income and expenses, by subtitle, outturn (balance) – General government: execution of income and expenses, by subtitle, outturn (balance) – State-owned companies: financial statement, state of consolidated results, execution of income and expenses by subtitle, cash balance – Central government’s financial statement – Contingent liabilities – Tax expenditures – Others, to be determined – Central government’s gross and net debt – Central bank’s gross and net debt – Explanatory notes and complementary information Release calendar Monthly Approximate publication date 45 days after the end of the month 45 days after the end of the quarter Responsibility Audited by CGR Budget Directorate (DIPRES), Ministry of Finance Budget Directorate (DIPRES), Ministry of Finance No No Annually Budget Directorate (DIPRES), Ministry of Finance/ State-Enterprise System Individual public entities Annually Individual public entities No Quarterly Quarterly 60 days after the end of the quarter No No Annually March Budget Directorate (DIPRES), Ministry of Finance No Annually September Ministry of Finance No Biannually March, September Ministry of Finance with collaboration from the central bank No Source: based on International Monetary Fund “Chile: Report on observance of standards and codes: Fiscal transparency”, IMF Country Report, No. 03/237, IMF.. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 125 Figure 2.7. Time for the audited public entity and consolidated government year-end reports to be made publicly available in Chile and selected countries Months following the end of the fiscal year Consolidated government Australia Brazil Chile Costa Rica Denmark European Court of Auditors Israel Italy Korea Mexico Peru Portugal South Africa Spain Public sector entities n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. 0 3 6 OECD Best Practices for Budget Transparency 9 12 15 18 21 24 Notes: n.a. = Not applicable (i.e. not produced). The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Australia: Entity accounts deadlines include 4 months for agencies under the Financial Management and Accountability Act 1997; 4 months for Commonwealth companies under the Corporations Act 2001; and 3.5 months for authorities under the Commonwealth Authority and Companies Act 1997. Consolidated accounts are to be audited as practicable after the end of the financial year. If not submitted 5 months after 30 June, reasoning must be tabled (Sections 55 and 56 of the Financial Management and Accountability Act 1997). Brazil: The year-end reports of individual public officials are not at the level of individual public sector entities. Accountable officials are defined as “public administrators and other individuals responsible for public money, goods and assets within the direct and indirect federal public administration”. Chile: No consolidated year-end government report or year-end reports of individual public sector entities. Mexico: Data missing on year-end reports of individual public sector entities. Korea: The statutory deadline for public entities to transmit their unaudited end of year reports to the Ministry of Strategy and Finance on 28 February, the Ministry of Strategy and Finance transmits the unaudited entity end of year reports to the Board of Audit and Inspection on 10 April; the Board of Audit and Inspection transmits the audited entity end of year reports to the Ministry of Strategy and Finance on 20 May; and the Ministry of Strategy and Finance transmits the audited entity end of year reports to the National Assembly on 31 May (National Finance Act, Arts. 58-61). South Africa: Entity accounts deadlines are six months for national and provincial entities and seven months for local government. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 5 and 6. Audit the reliability of non-financial performance indicators that underpin performance management and accountability The CGR does not conduct performance audit assignments, making it an outlier in relation to the benchmark SAIs in this peer review (Table 2.6). INTOSAI (2013c) defines performance audit as an independent, objective and reliable examination of whether government undertakings, programmes, systems, activities or organisations are performing in accordance with the principles of economy, efficiency and effectiveness and whether there is room for improvement. The principle of economy is about keeping the costs low, using resources in appropriate quantity and quality and at the best price. The principle of efficiency is about getting the most from the available resources, and the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 126 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT relationship between those resources employed and outputs in terms of quantity, quality and timing. The principle of effectiveness is about meeting the objectives set, and achieving the intended results. Table 2.6. Performance auditing by the supreme audit institutions in Chile and selected countries Yes No Australia, Brazil, Costa Rica, Denmark, European Court of Auditors, Israel, Italy, Korea, Mexico, Peru, Portugal, South Africa, Spain Chile Notes: Performance audit includes: i) audit of the economy of administrative activities in accordance with sound administrative principles and practices, and management policies; ii) audit of the efficiency of utilisation of human, financial and other resources, including examination of information systems, performance measures and monitoring arrangements, and procedures followed by audited entities for remedying identified deficiencies; and iii) audit of the effectiveness of performance in relation to the achievement of the objectives of the audited entity, and audit of the actual impact of activities compared with the intended impact. Chile: The Office of the Comptroller General of the Republic of Chile reports that it does not conduct performance audits drawing reference to the institution’s Organic Law that states that it may not audit the “merit” of political or administrative decisions (Law 10 336, Art. 21b). However, the CGR reports that it may examine issues of the economy, efficiency and effectiveness (or matters that INTOSAI considers to be a part of performance audit) in its ex post compliance audit assignments. In articulating its reasons for not conducting performance audit, the CGR cites the restriction on auditing the “merit” of political or administrative decisions, contained in the institution’s Organic Law (Law 10 336, Art. 21b).16 Nevertheless, the CGR notes that it may address issues of economy, efficiency and effectiveness in its ex post compliance audit assignments.17 Performance auditing does not need to question the merit of intentions and decisions; instead, it may focus on examining whether possible shortcomings in organisation, management and support systems have affected the capacity to deliver the expected results. Performance auditing promotes accountability by assisting those charged with governance and with oversight responsibilities in improving performance, rather than merely to identify weaknesses or past errors. It does this by examining whether decisions by executive authorities or the legislature are efficiently and effectively implemented, and whether taxpayers or citizens have received value for money (ISSAI 300, § 4). Performance audits provide new information or knowledge by: new analytical insights (broader or deeper analysis or new perspectives); making information accessible to various stakeholders; improving the quality of findings or conclusions by doing additional research; and providing recommendations based on an analysis of audit findings (ISSAI 300, § 5). A second reason that the CGR does not conduct performance audit is because verification and assessment of compliance with the objectives and goals is considered as the mandate of the administration. The Organic Law on General State Administration states that the executive is responsible for evaluating performance – for which it has established an advanced system (Figure 2.8). This system, known as the “system of evaluation and management control”, aims to improve the effectiveness of policy making and management throughout the central government, to create performance incentives for public officials and to make the budget results-oriented. The Chilean performance management system has been developed and is managed by the Ministry of Finance’s Budget Directorate. Among the system’s key elements are: strategic definitions (definiciones estratégicas); performance indicators and targets; and evaluation (Hawkesworth et al, 2013). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 127 Figure 2.8. Performance budgeting in Chile and selected countries (2013) 1.0 0.9 0.8 0.7 0.6 0.5 OECD average 0.4 0.3 0.2 Portugal Spain Belgium Italy Poland Denmark Australia Mexico Korea 0.0 Chile 0.1 Notes: No data for Costa Rica, Peru and South Africa. This figure contains 14 variables that cover information on the type of performance information developed, processes for setting goals, processes for monitoring and reporting on results, and whether (and how) performance information is used in budget negotiations and decision making by the central budget authority, line ministries and politicians. Source: Adapted from OECD (2013), Government at a Glance 2013, OECD Publishing, Paris, http://dx.doi.org/10.1787/gov_glance-2013-en based on the OECD Budget Practices and Procedure Survey. Each public entity is required by the Budget Directorate to develop and present strategy directions in its budget information chapter (the Antecedentes Complementarios Control de Gestión Pública). The Budget Directorate’s policies require that a public entity’s strategic definitions: i) specify the entity’s mission, objectives, strategic products and clients/users/beneficiaries; ii) link the entity’s objectives to government priorities and “government programmes”; and iii) be prepared based on a logical framework of outcomes, outputs, processes and inputs. The Budget Directorate’s guidelines state that strategic products must be the goods or services (i.e. outputs) which serve the institution’s strategic objectives. For example, the Ministry of the Interior’s main sub-secretariat has defined six strategic products, including public security, public order and human rights. Expressed differently, the strategic products are supposed to be groups of outputs with a common outcome (Hawkesworth et al., 2013). Performance indicators are developed for each of the strategic products contained in the entity’s strategic directions. Approximately 1 200 performance indicators have been defined within the central administration. Performance targets are set for each of these performance indicators, and the performance incentive system delivers rewards which are to a large degree based on institutional performance against these performance targets. There are three different types of evaluation in the Chilean performance management system: impact evaluations, programme evaluations and institutional evaluations. Impact evaluations focus on whether a programme has achieved its intended outcomes. Programme evaluations focus on the programme’s intervention logic and the causal chain by which programme outputs are supposed to generate specific outcomes. Institutional evaluations focus on specific institutions or sectoral groups of institutions, examining the consistency of institutional and sectoral objectives, organisational structures, production and management processes, resource use and service delivery performance. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 128 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT The coverage of evaluations has varied over time, with 38 evaluations conducted in 2009, 41 in 2010, 30 in 2011 and 2012 and 23 in 2013. The programmes and organisations to be evaluated are selected by the Budget Directorate in consultation with the Congress. Evaluations are then carried out by external evaluators (consultants or research institutions) contracted by the Budget Directorate, which provides terms of reference and methodological guidelines to the evaluators. All final evaluation reports are made available to the Congress and the public, and their summaries are included in the budget information chapters in the form of “Executive Minutes”. The Budget Directorate and the relevant ministry discuss the recommendations of the evaluations and agree on the actions which should be taken in response to evaluation recommendations. The ministry’s response becomes the subject of a formal agreement, the implementation of which is the monitored in subsequent years by the Budget Directorate. Based on the current position regarding performance auditing in Chile, the CGR could consider auditing the reliability of non-financial performance information. Auditing non-financial performance information focuses on confirming the reliability of performance information, and is often conducted as an integral part of the audit of year-end reports/financial statements. Auditing non-financial performance information is being implemented by a growing number of SAIs, such as in Australia and South Africa – as well as the European Court of Auditors. Box 2.5 presents an overview of the approach of the Auditor-General of South Africa. While well-developed, Chile’s performance management system is contingent on reliable and timely non-financial performance information provided by individual public entities. The Budget Directorate does not have the responsibility nor the capacity to examine the reliability of 1 200 performance indicators. This would require understanding and testing the policies, procedures and controls related to the management of performance information; understanding and testing of systems and controls relevant to collecting, monitoring and reporting performance information; confirming the existence and consistency of performance information between strategic/annual performance plans, quarterly reports and annual performance report and its presentation in annual reports; and comparing reported performance information to relevant source documentation and auditing the validity, accuracy and completeness of reported information.18 Internal audit units within individual public entities may provide reasonable assurance of the reliability and timeliness of non-financial performance information. However, this is by no means guaranteed. For example, neither the CGR’s guidance to internal audit units nor that provided by the Council of Government’s General Internal Auditors (Consejo de Auditoria Interna General de Gobierno, CAIGG) addresses more general issues of, for example, risk management, evaluating internal control systems, preparing an annual internal audit work plan. Moreover, concern has been raised on a number of occasions over the independence and capacity of these internal audit units, both at the national and sub-national level (CGR, 2010b; Deloitte, 2011). In formulating guidance, the CGR could take into account the Institute of Internal Auditor’s International Standards for the Professional Practice of Internal Auditing. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 129 Box 2.5. Audit of non-financial performance information by the Auditor-General of South Africa Beginning in 2005-06, the Auditor-General of South Africa (AGSA) began to audit non-financial performance information. This stemmed from the requirement under the Public Finance Management Act, 1999 (Act 1/1999) and the Municipal Finance Management Act, 2003 (Act 56/2003) that accounting officers must report annually on the performance against predetermined objectives. The AGSA audit approach focuses on: understanding and testing the policies, procedures and controls related to the management of performance information understanding and testing of systems and controls relevant to collecting, monitoring and reporting performance information confirming the existence and consistency of performance information between the strategic/annual performance plan, quarterly reports and annual performance report and its presentation in annual reports comparing reported performance information to relevant source documentation and auditing the validity, accuracy and completeness of reported information. The AGSA audit criteria includes: Compliance with planning and reporting requirements Usefulness of reported performance information Reliability of reported performance information – Existence of defined objectives, indicators and targets, with information reported against those predetermined objectives, indicators and targets – Timeliness of the reporting of performance information within two months after the end of the year – Presentation of performance information using the National Treasury guidelines; the consistency of performance information in tables and the narrative of the annual report; with clear explanations of material differences between actual and planned performance – Measurability of objectives using indicators and targets, with well-defined indicators and SMART (specific, measurable, attainable, relevant and time bound) targets – Relevance with a clear and logical link between the objectives, outcomes, outputs, indicators and performance targets – Consistency between objectives, indicators and targets and between various planning and reporting documents – Validity of actual reported performance – Accuracy in the amounts, numbers and other data relating to reported performance – Completeness of results and events in the annual performance report The AGSA recognises the following as sources against which the performance management system and annual performance report will be evaluated as a basis for an audit conclusion/opinion: all relevant laws and regulations framework for the managing of programme performance information, issued by the National Treasury relevant frameworks, circulars and guidance issued by the National Treasury and the Presidency regarding the planning, management, monitoring and reporting of performance information. Source: www.agsa.co.za. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 130 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Develop a programme of ex post audit assignments to address whole-of-government issues linked to strategic agility In recent years the CGR has been changing its ex post compliance audit assignments to provide a more holistic approach of public entities and government programmes. For example, in 2008 the CGR introduced national and transversal audits programmes (programas nacionales, PNAC, and programas transversales, PTRA, respectively). National audits focus on the same subject within a single central public entity that has activities throughout the entire country. These audits apply the same procedures in a number of the central public entity’s units spread across the country. A single lead audit unit prepares the audit plan and the preliminary and final audit reports and partner audit units play a supporting role and conduct the audit procedures in their respective jurisdiction. Transversal audits focus on the same subject across a range of centralised and decentralised entities that share a common hierarchical or financial dependence with the same central public entity. Each audit unit prepares its own preliminary and final audit report with a single lead audit unit preparing a consolidated report for the central government entity. For example, in 2010 the CGR audited compliance of municipal internal audit units with the regulatory requirements across all 345 municipalities. Internal audit is intended to provide an independent, objective assurance and advisory services to management in order to add strategic value and improve an entity’s operations. Internal audit provides assurance that the internal controls in place are adequate to mitigate risks, that governance processes are effective and efficient, and that the entity’s goals and objectives are met. These activities help that entity accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes, which helps to monitor the accomplishment of progress (IIARF, 2004). Although this audit was focused on legal requirements, the CGR included an analysis of improvement needs as recommendations to be taken into account by the government and Congress. This could be replicated and extended by examining the maturity of the internal audit function against the government’s maturity model, presented earlier in this chapter. In a similar regard, the CGR could audit other whole-of-government issues linked to strategic agility, such as is done by the SAI of the United Kingdom (Box 2.6). Providing added value products and counsel A key challenge facing the CGR is the communication of the findings of its various audit assignments in a way that elevates these findings to the attention of government authorities, public officials and the general public. CGR stakeholders within the executive and legislature, as well as representatives of civil society and the media, find it difficult to articulate what the main issues are that the CGR has raised regarding specific public entities, government sectors and/or management functions. To the extent that the CGR identifies common challenges and risks affecting good public governance, it serves more as input into the institution’s annual audit planning rather than its external communications. The CGR currently does not provide a combined analysis of common findings, trends and root causes at a whole-of-government, sectoral or entity level. However, a number of recent developments within the CGR indicate that the institution may be beginning to move in this direction, including the consolidation of summary reports in the areas of health and education. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 131 Box 2.6. Audit of whole-of-government issues by the United Kingdom National Audit Office During the last several years the United Kingdom National Audit Office (NAO) has conducted a number of audits to address whole-of-government issues as a means of supporting strategic agility within government. These audits have included: the maturity of risk management in public entities, the ability of the centre of government to identify and meet its skills requirements the capacity of the centre of government to define the expected benefits and to measure the actual benefits of reorganisations of public entities the effectiveness of the central government’s communication and engagement with local governments the capacity of the central government to take early action in health and social policies, to use a strong evidence base, to link evidence to long-term planning and to co-ordinate the response across government the capacity of the central government to identify and implement opportunities to integrate service and programme delivery. Source: Adapted from NAO (2011a), Good Practice, Managing Risks in Government, Financial Management and Reporting, NAO, London, www.nao.org.uk/wp-content/uploads/2011/06/managing_risks_in_government.pdf; NAO (2011b), Identifying and Meeting Central Government’s Skills Requirements, Report by the Comptroller and Auditor-General, HC 1276 Session 2010-12, 13 July, NAO, London, www.nao.org.uk/wpcontent/uploads/2011/07/10121276.pdf; NAO (2012a), Cabinet Office, Reorganising Central Government Bodies, Report by the Comptroller and Auditor-General, HC 1703 Session 2010-13, 20 January, NAO, London, www.nao.org.uk/wp-content/uploads/2012/01/10121703.pdf; NAO (2012b), Department for Communities and Local Government, Central Government’s Communication and Engagement with Local Government, Report by the Comptroller and Auditor-General, HC 186 Session 2012-13, 13 June, NAO, London, www.nao.org.uk/wpcontent/uploads/2012/06/1213187.pdf; NAO (2013a), Cross-Government, Early Action: Landscape Review, Report by the Comptroller and Auditor-General, HC 683 Session 2012-13, 31 January, NAO, London, www.nao.org.uk/wp-content/uploads/2013/03/Early-Action-full-report.pdf; NAO (2013b), Cabinet Office and HM Treasury, Integration Across Government, Report by the Comptroller and Auditor-General, HC 1041 Session 2012-13, 13 March, NAO, London, www.nao.org.uk/wp-content/uploads/2013/03/10091-001_Integration-acrossgovernment.pdf. A modern and effective SAI does not limit itself to auditing, and a purely retrospective identification of deficiencies is insufficient for an SAI to support good public governance – let alone to support strategic agility and rebuild trust in government. An SAI needs not limit itself to the one-time submission of an audit report to the respective public entity or those charged with governance. For maximum effect, an SAI can use audit findings as a resource to inform discussion and debate on good public governance. Specific actions may include analysing the findings contained in individual audit reports as to their relevance beyond the specific cases, including common findings, trends and root causes. Moreover, attention can also be given to developing thematic and target-group specific publications and materials based on the conclusions of various audit assignments to further engage those charged with governance (UN/INTOSAI, 2013). Audit assignments may also be used to highlight good and innovative practices that exist in the public administration. The identification of good practices can facilitate mutual learning between different public sector entities and demonstrate that the SAI can help to improve performance and not merely identify weaknesses and past errors. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 132 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT This section focuses on how the CGR can further leverage knowledge from existing – as well as any new – audit assignments to deliver value and benefit for the institution’s diverse stakeholders. Its preliminary recommendations centre upon: developing products that combine the findings of different audit assignments and communicate a broader understanding of issues in specific public entities, government sectors or management functions developing products that communicate good practice identified through audit assignments as input into the development of management frameworks in the public sector. Develop products that combine the findings of different audit assignments and communicate a broader understanding of government issues The CGR has a limited set of instruments to communicate common findings, trends and root causes drawn from individual audit engagements. Among the instruments that it may rely upon are the transversal audits, discussed in the previous section, that were introduced in 2008, and the CGR’s annual report (cuenta pública). However, the identification of common findings, trends and root causes through the transversal audits are limited to the subject matter addressed by the specific audit (for example, the functioning of internal audit). The CGR’s annual report, which is presented to the President of the Republic and the National Congress in April every year, does not provide a combined analysis of its individual audit assignments. Each regional comptroller must issue an annual report for his/her respective office to be shared with the regional government (executive) (Law 10 336, Art. 143). There is nothing prohibiting the CGR from using its annual report to present combined analysis of its individual audit assignments. The CGR Organic Law requires that the institution’s annual report contain a summary of the main activities in the performance of its functions; the main concerns and difficulties raised in regard to the interpretation and application of legal norms, and the institution’s financial statements (Law 10 336, Art. 143). However, the annual reports of the CGR’s regional offices do not include a discussion of the main doubts and difficulties raised in regard to the interpretation and application of legal norms, as this is a matter that is centralised within the institution’s Legal Division and the capacity of regional offices is limited to the application of existing jurisprudence. The summary of the CGR’s main activities contained in the annual report is limited to a quantification of the institution’s outputs categorised around its four main functions. These functions are: i) “legal”, including ex ante audit and legal opinions that serve as administrative jurisprudence; ii) “audit”, ex post audit, inspection and special investigations; iii) “accounting”, to set national public accounting standards and prepare the general government accounts, as defined in the Constitution; iv) ”judicial”, to establish administrative and civil responsibility of public officials in the case of non-compliance with regulations related to the use of public funds. While this can demonstrate to the legislature, executive and the general public how the CGR complied with its mandate and used its financial resources, it does little to elevate the discussion on public governance in Chile. The summary of the CGR’s main concerns and difficulties contained in the annual report relates to the institution’s interpretation of legal norms and suggested modifications (principales dudas y dificultades respecto a las normas jurídicas y sugerencia de CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 133 modificaciones). For example, the CGR’s 2012 annual report focused on various matters such as: the absence of a public authority to intervene on matters formally responsible by the Advisory Commission for the Identification of Victims of Political Incarceration and Torture (Comisión Asesora para la Calificación de Detenidos Desaparecidos, Ejecutados Políticos y Víctimas de Prisión Política y Tortura) formally required to be established by Law 20 405 and Supreme Decree 43/2010; and difficulties in the application of Article 59 of the General Law on Cities and Construction (Ley General de Urbanismo y Construcciones) that sets time limits for the declaration of public utility on roads and parks that indicates that gaps exist in such regulation in areas such as the regulation of local roads expiration and no service available within for this purpose, and which has led to an amendment proposal before Congress. This is not to assert that the CGR must incorporate an analysis of common findings, trends and root causes identified in its audit assignments in its annual report. Rather, the CGR could give consideration to the development of specific products that combine the findings of different audit assignments and communicate a broader understanding of the current and emerging risks facing government. SAIs in a number of benchmark countries, including South Africa, seek to achieve this (Box 2.7). However, care should be taken to develop a clear framework for the identification and analysis of trends and not simply an ad hoc presentation of highlights from the previous year. Moreover, it is critical that information is presented in a simple and user-friendly manner, giving consideration to how Web 2.0 technologies can enable information to become more accessible to all. This can be achieved by enabling components of reports to be downloaded individually, or by stakeholders using the data to generate their own reports. An example in this direction could be the implementation of web-based system that informs of observations pending action by audited entity, currently being considered by the CGR. Box 2.7. General Report on the National Audit Outcomes of the Auditor-General of South Africa The General Report on the National Audit Outcomes of the Auditor-General of South Africa (AGSA) summarises the results of the audit outcomes of 671 auditees (162 departments – including parliament and the provincial legislatures – and 509 public entities). Public entities include the major public entities, government business enterprises, national and provincial public entities, constitutional institutions and trading entities that are audited in terms of the Public Finance Management Act (PFMA), as well as other entities audited in terms of any legislation other than the PFMA. The audit outcomes of the 135 public entities not audited by the AGSA are not analysed in this general report. The General Report on the National Audit Outcomes is presented to parliament eight months after the end of the fiscal year, to facilitate dialogue on the understanding of the key underlying issues driving these audit outcomes and possible solutions in this regard. The report is structured into four parts: i) consolidated analysis of the audit outcomes of national and provincial governments; ii) audit outcomes of ministerial portfolios; iii) sector audit outcomes (e.g. education, health, human settlements, public works, social development); and iv) highlights of provincial audit outcomes. The report is 500 pages in length, though its structure enables the document to be disassembled into smaller sections in print and electronic formats. Key to the report’s usability is a traffic light coding used throughout the document to compare between entities in a single year and to compare changes within public entities over time (i.e. green = good outcomes/trends; orange = stagnant or little progress; and red = poor outcomes/trends). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 134 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Box 2.7. General Report on the National Audit Outcomes of the Auditor-General of South Africa (cont.) The audit outcomes of national and provincial governments include trend analysis of issues over the previous several years, key findings arising from the audit of the financial statements, reporting by auditees against their predetermined objectives and key compliance by auditees with key laws and regulations. Root causes of audit findings and recommended best practices are also presented, which is intended to be read together with an analysis of the auditees’ internal control system. Root causes are the underlying causes or drivers of audit findings, i.e. why the problem occurred. They are structured around planning, oversight and monitoring; systems and processes; proper record keeping; and human resource management. Addressing the root cause helps to ensure that the actions address the real issue or opportunity, thus preventing or reducing incidents of recurrence as opposed to simply providing a one-time or short-term fix. Compliance by auditees with key laws and regulations include supply chain management and unauthorised, irregular as well as fruitless and wasteful expenditure incurred. The status of the auditees’ internal control system identifies the drivers of audit outcomes, namely leadership, financial and performance management and governance. Category Leadership Financial and performance management Governance Dimensions – Provide effective leadership based on a culture of honesty, ethical business practices and good governance, protecting and enhancing the interests of the entity. – Exercise oversight responsibility regarding financial and performance reporting and compliance with laws and regulations and related internal controls. – Implement effective human resource management to ensure that adequate and sufficiently skilled resources are in place and that performance is monitored. – Establish and communicate policies and procedures to enable and support an understanding and execution of internal control objectives, processes and responsibilities. – Develop and monitor the implementation of action plans to address internal control deficiencies. – Develop and monitor the implementation of action plans to address internal control deficiencies in the IT environment. Establish an IT governance framework that supports and enables the business, delivers value and improves performance. – Implement proper record keeping in a timely manner to ensure that complete, relevant and accurate information is accessible and available to support financial and performance reporting. – Implement controls over daily and monthly processing and reconciling of transactions. – Prepare regular, accurate and complete financial and performance reports that are supported and evidenced by reliable information. – Review and monitor compliance with applicable laws and regulations. – Design and implement formal controls over IT systems to ensure the reliability of the systems and the availability, accuracy and protection of information and to address application systems susceptible to compromised data integrity (Information systems). – Implement appropriate risk management activities to ensure that regular risk assessments, including consideration of IT risks and fraud prevention, are conducted and that a risk strategy to address the risks is developed and monitored. – Ensure that an adequately resourced and functioning internal audit unit is in place that identifies internal control deficiencies and recommends corrective action effectively. – Ensure that the audit committee promotes accountability and service delivery through evaluating and monitoring responses to risks and providing oversight of the effectiveness of the internal control environment, including financial and performance reporting and compliance with laws and regulation. – It also examines the drivers of: effective human resource management as a driver of audit outcomes; the use of consultants by some national departments; information technology management as driver of audit outcomes; and the effectiveness of audit committees and internal audit units. The analysis also includes attention to the role and impact of key “role players” in terms of the assurances required from them in relation to their responsibilities. Role players include assurance providers in national and provincial governments (i.e. senior management, accounting officers, the audit committee and internal audit); legislative bodies (i.e. the national and provincial standing committees on public accounts, national and provincial portfolio committees), executive authorities (i.e. the President and the national ministers at the national level and the Premier and members of the Executive Council and the provincial level – as well as the role of co-ordinating institutions). Source: AGSA (Auditor-General of South Africa) (2013), PFMA 2011-12, Consolidated General Report on National and Provincial Audit Outcomes, AGSA, www.agsa.co.za. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 135 The CGR could complement information from its different audit assignments with its other knowledge bases, such as on accounting analysis and its tribunal of accounts. For example, in 2011 the CGR began producing studies using accounting information focusing on the structure and financing of the higher education sector and public universities (CGR, 2011a; 2012b). The CGR produced these studies using accounting information it receives from all central government and municipal public entities on a monthly basis. This information could be coupled together with combined analysis of its common findings, trends and root causes at a whole-of-government or sectoral level. Moreover, the CGR could complement this again further with information on key audit findings and the status of actions by government to address past audit findings. For example, in 2013 the CGR began to prepare summary reports of actions already taken and pending to address audit observations by government sector. Reports including information on government spending, government structures and a consolidated analysis of outcomes of individual audit assignments could serve as a valuable complement to the public entity’s reporting. Moreover, such reporting by the CGR could help to create a holistic understanding of the institution’s functions – and how they complement one another – by its various audiences of how its functions complement each other. Such reports have proven useful for SAIs in other countries, such as in the United Kingdom (Box 2.8). Developing products that communicate good practice identified through audit assignments as input into the development of management frameworks In addition to presenting analysis of common findings, trends and root causes identified through its audit assignments, the CGR could consider how to generate information on good practices within the government. This is done, for example, by the SAI of Australia (Box 2.9). Such an approach can help to recognise good practices within one public entity and to promulgate them among other public entities as a basis to support mutual learning. Such materials can also respond to a perceived need or demand for guidance material in a particular area of public administration. Moreover, information can also be complemented by examining practices in the public or private sectors in Chile and other countries. The Australian National Audit Office introduced such an approach in 1987 and those issued after 1996 are available through the institution’s website (Box 2.7). Table 2.7. Good practice guidance by supreme audit institutions in Chile and selected countries Yes No Australia, Korea, Costa Rica, Italy Chile, Denmark, European Court of Auditors, Israel, Portugal, South Africa Notes: Australia: The Australian National Audit Office publishes better practice guides with the aim to improve public administration by providing a mechanism whereby better practices employed in organisations are recognised and promulgated to all Australian government entities. Costa Rica: As stipulated by the Act on Internal Control, the SAI of Costa Rica is tasked with the function of issuing guidelines and directives regarding audit and control. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 13. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 136 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Box 2.8. Example of the United Kingdom National Audit Office departmental overviews In 2010-11, the United Kingdom National Audit Office (NAO) issued 17 short departmental overviews. These guides are designed to provide a quick and accessible overview of departments and focus in particular on where the NAO believes the department’s performance could be improved, using examples from its published work. This has since been repeated in 2011-12. The departmental overviews are categorised into three groups, “citizens and services” (i.e. children and families; civil society and commissioning; culture, media and leisure; education and skills; employment, jobs and careers; health and social care; local services; welfare and benefits); “economic” (i.e. business and industry; central finance and treasury; private finance; science, technology and innovation; tax and duties) and “environment” (i.e. communities, regions and regeneration; environment, energy and sustainability; housing, property and construction; transport and infrastructure). The departmental overviews are approximately 30 pages structured into 3 parts and annexes: Part 1: About the department, including the departments’ responsibilities, how the department is organised, where money is spent, recent developments and current changes, capability and leadership (including a value-for-money assessment scorecard drawn from the Cabinet Office’s Capability Review of the respective department) and civil service survey results. Part 2: Financial management, including financial outturns, progress on cost reductions, relevant NAO reports on financial management in the respective department, NAO financial audit findings in the respective department, issues raised in governance statements. Part 3: Performance, including the instruments for reporting the department’s performance, the respective department’s reported performance, information on the reliability of performance data in the respective department, issues identified in the NAO’s performance audit work. Annexes, including key NAO audit reports on the respective department, key NAO cross-government audit reports of relevance to the department, other sources of information on the respective department, NAO work in progress. The contents of the report are shared by the NAO with the department before they are released to ensure that the evidence presented is factually accurate. Source: www.nao.org.uk. Again, the CGR has begun to provide guidance on specific matters, though focused on clarifying the legal framework for public officials and interested parties. For example, in 2012 the CGR issued a Manual of Administrative Jurisprudence on Community, Inter-Community and Municipal Regulatory Planning (Manual Práctico de Jurisprudencia Administrativa sobre Planes Reguladores Comunales, Intercomunales y Metropolitanos). The Manual was issued jointly by the CGR and the Ministry of Housing and Urban Areas (Ministerio de Vivienda y Urbanismo) to facilitate understanding of the laws and regulations for community, inter-community and municipal planning drawing upon recurring CGR audit observations from the previous three years. The Manual does not seek to cover all issues related to planning, only those considered more complex and challenging, such as social integration, heritage listings, environmental protection, people with living disabilities as well as demands for quality urban infrastructure and services and citizen participation in the decision-making process. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 137 Box 2.9. The Australian National Audit Office’s better practice guides The Australian National Audit Office (ANAO) produces better practice guides as part of its integrated audit approach, which includes providing information support services to audit clients. Better practice guides aim to improve public administration by providing a mechanism whereby better practices employed in organisations are recognised and promulgated to all Australian government entities. This can involve examining practices in the public or private sectors, in Australia or abroad. The ANAO’s emphasis in its better practice guides is to identify, assess and articulate good practice from its knowledge and understanding of the public sector as well as areas where improvements are warranted. Introduced in 1987, the better practice guides were designed to give examples of sound practice that should be adopted by the whole of the Australian public sector. Initially the better practice guides were produced on an ad hoc basis but in later years they have become an integral part of the ANAO’s performance audit strategy. The ANAO reinforces its audit findings and recommendations through the publication of better practice guides which are specifically designed to provide practical, workable guidance to promote better practice in specific areas of public administration. The guides are seen as “reference guides” in some areas of public administration – they are certainly warmly received by public sector agencies. Depending on the subject and nature of the information collected during an audit, better practice guides may be produced in conjunction with an audit or prepared as a result of a perceived need to provide guidance material in a particular area of public administration. A complete list of all better practice guides published by the ANAO since 1996 is available on the ANAO’s website. These better practice guides can be listed by date, title or theme. A summary identifies the purpose of the better practice guides, and the guides can be downloaded from the website. Examples of better practice guides include: Internal audit: Public Sector Internal Audit (2012; 2007) Public Sector Environmental Management (2012) Developing and Managing Contracts (2012) Public Sector Audit Committees (2011) Human Resource Information Systems (2011) Fraud Control in Australian Government Entities (2011) Strategic and Operational Management of Assets by Public Sector Entities (2010) Implementing Better Practice Grants Administration (2010) Planning and Approving Projects an Executive Perspective (2010) Innovation in the Public Sector (2009) Preparation of Financial Statements by Public Sector Entities (2009) Business Continuity Management Building Resilience in Public Sector Entities (2009) Developing and Managing Internal Budgets (2008) Agency Management of Parliamentary Workflow (2008) Fairness and Transparency in Purchasing Decisions (2007) Administering Regulation (2007) CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 138 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Box 2.9. The Australian National Audit Office’s better practice guides (cont.) Implementation of Programme and Policy Initiatives (2006) Legal Services Arrangements in Australian Government Agencies (2006) User Friendly Forms (2006) Betters Practice in Annual Performance Reporting (2004) Public Sector Governance (2003) Performance Information in Portfolio Budget Statements (2002) Source: McPhee, I. (2012), “The evolving role and mandate of the Australian National Audit Office since federation”, Chapters on Parliament, No. 57, February, www.aph.gov.au; Australian National Audit Office (ANAO) website, www.anao.gov.au. Whereas this guidance is based on the CGR’s legal function, these efforts could be complemented by findings of the institution’s audit assignments. Further, the CGR could use this information to provide expert opinion to refine the administration’s management maturity models discussed earlier in this chapter. Conclusions Modernisation of the state provides an opportunity for the CGR to reassess its audit assignments. Chile’s public sector and its governance arrangements have undergone significant changes, especially in the past two decades. Despite notable efforts in the past six years in the execution of audits (from new methodological approaches to an increased focus in high social and economic areas), the CGR’s audit assignments remain largely unchanged. Government efforts to increase strategic agility in order to support sustainable and inclusive development and to effectively respond to emerging policy challenges will place new demands on, and create opportunities for, the CGR. Moreover, the CGR’s mandate and independence position it as a valuable knowledge base for developing government strategic sensitivity and collective commitment, and managing operational risks associated with resource flexibility. Responding to these new demands and opportunities, the CGR will need to reassess its portfolio, within its legislative mandate. Regarding ex ante control of legality, correctly redesigning the TdR can provide further incentives to increase the maturity of internal control within public entities and good management practices, and allow the CGR to invest additional resources in new forms of ex post audit assignments – including performance auditing and quality of regulatory management. Advancing further in this direction should be possible given that, in fact, close to 90% of administrative acts subject to TdR obtain it, and the steps taken by the CGR are towards automation and the provision of exemption from TdR. These considerations, however, need to take into account the broader system of control in Chile, including capacity and independence concerns in internal control systems and legal units within each public entity. The CGR’s ex post audit assignments can similarly be redesigned in order to provide reasonable assurance of the reliability of financial and non-financial information reported by public entities. Enhancing the reliability of government information, and the functioning of the internal control measures underpinning it, can support government CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 139 accountability and decision making – as well as contribute to rebuilding trust in government. In addition, the CGR can use the findings of its audit assignments to provide added value products and counsel for its stakeholders. Table 2.8 provides a summary of the recommendations made in this chapter. Table 2.8. Preliminary recommendations matrix: Supporting strategic agility and rebuilding trust in government Preliminary recommendation Response to challenge/weaknesses Expected impact of recommendation Utilise ex ante audit assignments to enhance the maturity of risk-based internal control within public entities and to develop good management practices, including by: – integrating the automation of the CGR’s ex ante audit assignments with government management ICT systems in order to enhance internal control and reduce administrative burden within government – further utilising exemptions to the CGR’s ex ante audit assignments in order to incentivise sustained improvement in decision making and internal control within individual public entities – reallocating capacity to undertake ex post audits of decision-making systems, regulatory management practices and internal control within public entities and across the government. The broad application of the CGR’s ex ante audit assignments creates a number of risks, including weak incentives for public managers to strengthen internal controls within their respective public entities and an opportunity cost for the CGR to focus on other assignments. Although the CGR reviews a broad number of administrative acts, it is unable to conclude what are the recurring challenges and their root causes. Although the CGR is taking action to automate its ex ante audit assignments, further efforts are necessary, including the opportunity to leverage co-ordination between the CGR and other parts of the government in the development of systems to automate the CGR’s ex ante audit assignments. Incentivise public managers to strengthen internal control and the maturity of their management systems as well as to focus greater attention on the appropriate competencies of officials occupying roles in legal, financial, procurement and human resource management units. More effective government internal control and greater maturity of management systems can support strategic agility and trust in government by enabling public managers to take appropriate due diligence of their decision-making processes. The CGR will also be able to focus its audit assignments on the well-functioning of government systems and understanding the recurring problems and the root causes rather than limiting itself to the identification of illegal acts. This has the potential to better support the efforts to strengthen public governance at national and sub-national levels, including the identification of good practices. Proactively support efforts to consolidate an independent, capable and efficient system of internal control in the Chilean public sector, including by: – conducting assessments of strengths and weaknesses, challenges and opportunities of existing mechanisms, including internal control and legal units, and promote policy discussion to facilitate decision making – providing guidance and support for the professionalisation and capacity building of internal control, taking into account the Institute of Internal Auditor’s International Standards for the Professional Practice of Internal Auditing – providing public entities with structured information on recurring issues by type of administrative act or public entity identified through the TdR process in order to support the identification of ways to improve administrative decision making. The consolidation of the TdR has responded in part to weaknesses in the overall control system in Chile, including: i) the absence of independent administrative courts; ii) the absence of a legal mandate and professionalisation of the function of internal audit/internal control; and iii) concerns over the independence and professionalisation of internal audit units and legal units. A stronger institutional control framework that can provide better guidance and capacity for improving strategic agility in the public sector. Convergence of Chile towards international standards in internal audit and control. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 140 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Table 2.8. Preliminary recommendations matrix: Supporting strategic agility and rebuilding trust in government (cont.) Preliminary recommendation Response to challenge/weaknesses Expected impact of recommendation Utilise ex post audit assignments to enhance responsibility over the use of public resources and the reliability of information generated and reported by public entities to enhance the use of this information for accountability and decision-making processes, including: – auditing the reliability of annual financial statements of public entities, linking the process to the annual budget cycle – auditing the reliability of non-financial performance information together with the audit of annual financial statements – auditing whole-of-government issues that are key for the government to become more strategically agile. Ex post audit assignments focus on the compliance of transactions, the identification of errors and deficiencies, but not the root causes of the errors/deficiencies. The CGR does not audit the annual financial statements of public entities or the consolidated government (constitutional provisions require the CGR to prepare the consolidated financial statements). Despite a strong focus on performance management in government, the CGR does not conduct performance audits. Efforts in this direction are beginning and could be further pursued and leveraged. Enhance the reliability of information generated and reported by public entities to enhance the use of this information for accountability and decision-making processes. Focus the attention of the legislature and citizens on the content and reliability of information that government actually produces. Support and ensure convergence and compliance with International Accounting Standards for the Public Sector. Deliver value-added products, presenting findings from ex post audit work in new ways to further engage those charged with governance, including: – developing products that combine the findings of different ex post audit assignments, understanding common trends and root causes across the government – developing products that combine the findings of different ex post audit assignments to provide a clear picture of specific public entities, government sectors or management functions – developing products that communicate good practices identified through ex post audit assignments as input for the revision of public sector management frameworks. Although the CGR conducts thousands of audits on an annual basis, there are only incipient efforts to report on common challenges and risks affecting good governance at either an entity or a public administration-wide level. To the extent that information on key challenges and risks affecting good public governance are identified, this serves more as input into the CGR’s internal audit planning rather than anything else. The CGR has begun to produce value-added products drawing upon its legal and accounting functions; further efforts could be pursued to complement each function. Elevate recurring and systematic challenges affecting public entities or the public administration to the attention of public managers and those charged with governance. Highlight and disseminate good practices to empower public managers and those charged with governance to learn from within the public administration. Demonstrate the value and benefit of the work of the CGR to its diverse audience within the executive and legislature – as well as citizens and the media. In order to ensure audit assignments continuously identify and respond to changes in the external environment, the CGR must also focus on its own strategic agility. The CGR will need to invest in developing its own strategic sensitivity to emerging trends and risks affecting public governance and changing citizens’ expectations utilising its own data and that of government. The CGR will also need to capitalise on its independence to build a workforce with the necessary skills and competencies to effectively respond to emerging governance issues and changing societal expectations. Redesigning the CGR’s portfolio also necessitates new skills and competencies that may not exist at present. This is addressed in Chapter 3. Moreover, in order to materialise the value and benefit of its activities, the CGR also needs to leverage the way in which it engages with its stakeholders, in order to position itself as a thought leader and not simply an inspection service. It also needs to be effective at engaging with the legislature to ensure awareness, understanding and use of the CGR’s work, and with central executive authorities to improve public management maturity models and governance arrangements. This is discussed in Chapter 4. In parallel, the CGR will need to invest in improving the prioritisation and ensuring the quality of its audit engagements to ensure relevance and confidence in its work. This is discussed in Chapter 5. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 141 Notes 1. A bill to modernise public administration and senior public service was submitted to Congress on 2 September 2013 (boletín 9084-05). 2. Chile has two types of human resource management systems operating side by side. The traditional system, known as planta, is highly inflexible and covers approximately 50% of government employees who are hired for life. The contrata system, which is very flexible, covers approximately 50% of government employees who are hired on renewable one-year contracts. Other members of the staff are casual employees known as honorarios (consultants) whose contracts are for less than one year, and the presidential appointees. It is worth noting that only planta and contrata staff are considered officials or civil servants. Both contratas and honorarios are exempt of TdR (Resolution 1600/08, Art. 7) and subject to registro (Art. 15), which does not hold administrative decision. 3. This was the case after the 2010 earthquake (Resolution 817 of 2010). 4. The CGR mentions, among others, calculation errors, issues of legal or regulatory compliance, lack of available budget for the proposed act, lack of supporting evidence, problems of justification of certain decisions (e.g. direct awarding, declaration of inadmissibility of procurement tenders). 5. CGR Resolution 1 600/2008. 6. Initially 32 central public entities, including the CGR, began using SIAPER RE (CGR Resolution 908/2011) and expanded to cover 120 central public entities in May 2012 (CGR Resolution 245/2012). Moreover, since May 2012, the functionality of SIAPER RE was extended to include the registration of officials’ holidays, administrative leave, medical leave and qualifications obtained by public officials in periodic evaluations (calificaciones) (CGR Resolution 908/2011, Art. 3 and transitional article). 7. It focused on the registration of: i) the transfer of officials within the same entity, except confianza positions; ii) personnel contracts less than 15 days; iii) contract extensions; iv) honorarios contracts with a monthly payment of 75 UTM (unit of account, updated for inflation, used in Chile for tax purposes and fines) or less, or any other method of payment less than 150 UTM, or a honorarios contract renewal (CGR Resolution 908/2011, Art. 2). 8. Initially 20 central public entities began using SIAPER TRA with the intention that use be expanded to include all central public entities subject to TdR of their human resource decision making by the end of 2013. 9. The implementation of SIAPER TRA and an accompanying reporting module will allow public services to obtain indicators and statistical information on human resources, thus possibly information management and policy decisions. 10. See CGR Resolutions 1 100/1973 (10 November); 600/1977 (18 July); 1 050/1980 (28 August); 55/1992 (31 January); 520/1996 (14 December); and 1 600/2008 (6 November). 11. A UTM is a unit of account, updated for inflation, used in Chile for tax purposes and fines. It was created in 1974 by Decree Law 830 (Art. 8). Initially it was a tax measure (fines, pay scale, etc.) by the Internal Revenue Service but was later CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 142 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT extended to cover other matters. It is adjusted every month according to the consumer price index reported by the National Institute of Statistics. It is paid in Chilean pesos (CLP). Contracts of less than 2 500 UTM using direct negotiation and less than 5 000 UTM for tenders were made exempt in 2008. Previously all contracts of less than 4 000 UTM were exempt. 12. In 2005, the government of Ricardo Lagos presented a draft law to give legal status to the Internal Audit Council. As of today, the legal proposal remains paralyzed in the Senate. 13. An exception are the financial audits of supply companies in isolated areas (EMAZA) and of the loans facilitated to Chile by multilateral financial institutions, such as the Inter-American Development Bank or the World Bank. 14. Article 21A states that the Office of the Comptroller General shall perform audits, the aim of which is to ensure compliance with legal standards, safeguard public property and guarantee administrative probity. In accordance with the above, by means of these audits, the Office of the Comptroller General shall evaluate the internal auditing systems of the services and institutions; audit the application of the provisions referring to the financial administration of the state, especially insofar as the budgetary execution of public resources is concerned; examine the operations carried out and the exactitude of the financial statements; check the veracity of the supporting documentation and verify compliance with the statutory regulations that apply to public employees; and formulate appropriate proposals to rectify any gaps that it may detect. 15. Accounting units in each public entity are responsible for preparing accounting information and financial statements required by the Comptroller General and reports on budgetary operations, funds and assets (Decree Law 1 263/1975, Art. 66). These units are to transmit these reports to the senior leadership of each institution (Decree Law 1 263/1975, Art. 67). Public services must prepare a balance of income and expenditure and a statement of financial position for each fiscal year. These statements are sent to the CGR and the Budget Office (DIPRES) (Decree Law 1 263/1975, Art. 68). 15. The CGR oversees the process of convergence of Chile with international accounting standards for the public sector. In this context, the CGR will perform the essential role of ensuring compliance and thereby declare with confidence that Chile meets the accounting standards, reassuring decision makers and the public on the validity of the information submitted by the country. To comply with this challenge, the CGR is evaluating two possible strategies: i) build capacity in the CGR to undertake the audit of financial statements; or ii) commission the audit of financial statements with registered private consultants while retaining a supervisory role/cross-check role. The first option will require a significant reform in the CGR’s audit skills, taking into account the coverage of public bodies and the importance of audited financial statements are presented in a timely manner, especially considering the deadline recommended (five months from the end of the fiscal year). With respect to the second option, the audit of financial statements is a well-established process in the private sector. Furthermore, it would allow the statements of the CGR, as a public entity, and the Consolidated Financial Statements of the Government to be audited by an external independent agent. 16. This exclusion was formalised by Law 19 817/2002, amending the CGR Organic Law. This amendment followed a proposal introduced into the Chamber of Deputies CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 143 by the President of the Republic in 2000 that the CGR be authorised to “audit the compliance with legal norms and safeguard the public patrimony”. Although this amendment passed through the Chamber of Deputies and the Senate Constitutional, Legislative, Judicial and Regulation Commission (Comisión de Constitución, Legislación, Justicia y Reglamento del Sanado) it was challenged by a senator in the Senate Plenary. The Senator raised a question over whether the CGR may be able to audit the merit and convenience, including the efficiency of public entities, or have its authority limited to compliance. The bill was subsequently returned to the Senate Constitutional, Legislative, Judicial and Regulation Commission and revised to prohibit the CGR from auditing the merit of administrative acts (Morales Espinoza, 2012). 17. For example, CGR Audit Report 115/2011 on Junta Nacional de Auxilio Escolar y Becas, published on 16 March 2012. 18. Since 2011, DIPRES added a procedure to verify the value of indicators included in PMG, in addition to reviews by internal auditors. This is performed by private auditors or external consultants hired by DIPRES through public tender. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 144 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Annex 2.A1 Decrees and resolutions subject to toma de razón and those exempt from toma de razón by the Office of the Comptroller General of the Republic Table 2.A1. Decrees and resolutions subject to toma de razón and those exempt from toma de razón by theOffice of the Comptroller General of the Republic Based on CGR Resolution 1 600/2008 State personnel management Appointments and contracts General appointments Substitutions arranged with staff of the same service, unless they refer to positions of confianza Appointments in reserva Appointments to contrata scheme for less than 15 days Extensions of appointments on contrata Any appointment that does not imply the performance of public responsibility Appointment of lawyers Encasillamientos Reinstatements/Reincorporaciones Personnel contracts Extensions of personnel contracts Contracts of workers under jornal modality Honorario contracts Contract (asimilados a grado) renewals arranged in equal conditions Honorario contracts based on fees of foreigners who provide services occasionally Public sector career and disciplinary measures Upgrades and promotions Accident declarations, related to services’ work, when they imply social security benefits Dismissals, acquittals and disciplinary action after special investigations and administrative disciplinary proceedings instructed by the CGR. Application of disciplinary measures in other special investigations and administrative disciplinary proceedings and expulsive measures related to the Armed Forces and Carabineros de Chile Non-expulsive disciplinary measures related to regional prosecutors End of service by any cause of staff whose appointment is subject to TdR Other state personnel management matters Evictions and initial granting of pension benefits Non-contributory pensions referred to Art. 6 of Law 19 234 on political exonerated individuals from the private sector Pension recalculation because of time recognition of fertilizers in accordance with Art. 4 of Law 19 234 Pensions granted by the Instituto de Normalización Provisional generated by retired tax payers Retirement of staff transferred to the municipalities that remained under the pension scheme of the former Caja Nacional de Empleados Públicos y Periodistas, provided that they are not teachers or officials governed by Law 15 076 Monthly pension referred to Art. 17.3 of Law 19 169 on National Awards Payment for time served in difficult living areas or in isolated places Payment by harmful radiation or radiology activities Subject to TdR Exempt from TdR Exempt from TdR Exempt from TdR Exempt from TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR Subject to TdR Subject to TdR Exempt from TdR Exempt from TdR Exempt from TdR Exempt from TdR Exempt from TdR Exempt from TdR Exempt from TdR CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 145 Based on CGR Resolution 1 600/2008 Other state personnel management matters (cont.) Payment for the last two years or four semesters of professional studies of officers of the Armed Forces and Carabineros de Chile Pensions granted by the Instituto de Normalización Provisional generated by non-contributory pensioners referred to by Art. 6 of Law 19 234 Awards and transfers of times Planta regimes and salary determination and modifications Special rulings Decrees and resolutions relating to Carabineros de Chile institutional appointment of permanent staff and seafarers of the Armed Forces shall be exempt from TdR Decrees and resolutions relating to expulsive measures and the granting of pensions and the granting of evictions Financial and economic matters Budget Approval and amendment of budget Those from the welfare services Those from auxiliary social security entities Exemption or replacement rules for financial management dispositions, budget execution and financial management Authorisation and contracting of loans or bonds Decrees authorising the issuance and change of date of issuance of bonds and notes Transfers of resources, with or without agreement, of amounts greater than 5 000 UTM Agreements relating to the delivery of additional contribution related to capital cost increase, referred to by Law 19 532 The agreements concluded under the higher education fund (Fondo de Desarrollo Institucional para la Educación Superior) Returns of taxes, duties and any other payment made under item in amounts exceeding 2 500 UTM Those from the accomplishment of judgments and court sentences Refunds for port service charges or storage fees Granting of tax and customs exemptions The exemptions provided for in Laws 3 427, 10 328, 13 039 (Art. 35), and Decree Laws 1 260/1975, (Art. 12.B.10) and 825/1974 as well as Law 17 238 (Art. 6.10) Contracts Procurement of goods Contracts for the procurement of movable and immovable property, or for the procurement of credits, financial instruments and securities, by direct negotiation or private tender, for an amount exceeding 2 500 UTM, or by public tender, for an amount exceeding 5 000 UTM Purchases and supplies delivered in execution of a framework agreement signed by the Purchasing and Procurement Department (Dirección de Compras y Contratación Pública) Those that are made by the Armed Forces for national security purposes Contracts for the purchase of shares or other equity securities in companies Acceptance of gifts in excess of 5 000 UTM Contracts for the sale of properties by direct negotiation or private bidding in amounts exceeding 2 500 UTM or by public tender exceeding 5 000 UTM Contracts for the free transfer of real property whose valuation exceeds 2 000 UTM Contracts for the sale by direct negotiation or private bidding of credit, financial instruments, securities, shares or other equity securities in companies, for a total exceeding 2 500 UTM. Contracts for the sale of credits, financial instruments, securities, etc. exceeding 5 000 UTM Procurement of services Service delivery agreements between public entities, whose total amount exceeds 5 000 UTM Agreements for the implementation of actions related to the purposes of the service, support actions and other services concluded by direct negotiation or private bidding when their total exceeds 2 500 UTM, or by public tender exceeding 5 000 UTM Those awarded under a framework agreement of the Purchasing and Procurement Department CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 Exempt from TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Exempt from TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR 146 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Based on CGR Resolution 1 600/2008 Other contracts Agreements regarding transfer of services or for the management of facilities or property Agreements entrusting of functions between public services The mandate agreements, when its execution is related to administrative acts under TdR Special contracts for oil operations Extra-judicial settlements in amounts exceeding 1 000 UTM Agreed under the mediation procedure provided in Title III, § II of Law 19 966, not exceeding 2 000 UTM Public works Acquisitions for the execution of public works by direct contact or private tender for an amount greater than 5 000 UTM, or by public tender exceeding 10 000 UTM Public works or procurement, including the repair of property, by direct or private proposal, of an amount exceeding 5 000 UTM or by public tender exceeding 10 000 UTM Payment of compensation and overhead; refund of withholding; early termination of the contract and final settlement; compensation balances different contracts of the same contractor and transfer of contracts Projects and studies that are directly related to the execution of a specific work, contracted by direct contact or by private proposal amounting to over 2 500 UTM, or by public tender exceeding 5 000 UTM Sanctions to contractors and consultants Approval of procurement criteria Approval of administrative criteria and any amending act, where they relate to making contracts subject to TdR Those attached to a format already approved by the CGR Special rules Approving resolutions of the framework agreements signed by the Purchasing and Procurement Department will be subject to TdR These approving resolutions when they give rise to contracts exempt from TdR Approving resolutions referred to by No. 8.5 of Section 8, the No.9.1.1, 9.1.4, 9.2.2, 9.3.1, 9.4.1, 9.4.2 and 9.4.4, of this article, and No. 10.1.2 of Art. 10 when its related contracts come from public tender and resolutions meet the format previously approved by the CGR. In these cases only, the allocation process will be subject to TdR Approving resolutions referred to in No. 9.2.1 and 9.3.2 of this article that conform to a standard format previously approved by the CGR The allocation decision and contract will be subject to TdR when the text of the contract is contained in administrative criteria subject to TdR or conform to a standard format previously approved by the CGR General attributions Concessions Concessions in telecommunications, gas, electricity and health sectors, amendments, termination and tariff definition In telecommunications concessions, their amendment that does not imply transfer or termination In telecommunications concessions, those related to minimum broadcast coverage or limited telecommunications services or amateur radio service providers In the electricity concessions, their modification In concessions to public transport routes and technical review of plants, are subject to TdR the acts relating to the bidding, award, termination, and those modifications that alter the essential conditions of financial equilibrium the grant Maritime concessions, their modification and termination Those granted by fiscal services Those granted by Dirección General del Territorio Marítimo y de Marina Mercante and maritime authorities under its control Concessions of geothermal energy Constitution of water use rights Those provided under the provisions of Law 20 017 (Arts. 4 and 6) Subject to TdR Subject to TdR Exempt from TdR Subject to TdR Subject to TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR Subject to TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR Subject to TdR Exempt from TdR Exempt from TdR Exempt from TdR Subject to TdR Subject to TdR Exempt from TdR Exempt from TdR Subject to TdR Subject to TdR Exempt from TdR CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 147 Based on CGR Resolution 1 600/2008 Legal identity of corporations Cancellation of any legal status Creation, participation, modification or termination of legal entities in which the state participates Sanctions Acts imposing loss of Chilean nationality Measures affecting the freedom of individuals The revocation of the measures provided in accordance with Art. 169 of the Health Code Expulsion of foreigners from the country Suspension or denial of payment of subsidies to schools Various materials International treaties and measures that affect its validity, and agreements with foreign or international organisations, including transactions before they take place Constitution of advisory committees by decree Delegation of authority and signature that affect matters subject to decision point Declaration of national monuments Clemency Resumption of work Territorial planning instruments Authorisation for the entry of foreign troops on the territory of the republic and to the departure of national troops outside the country regulated in Arts. 2 and 5 of Law 19 067 Decrees authorising the return of property tax under Law 19 568 Declaration of populations as irregular status Payment of awards by an amount exceeding 1 000 UTM Declarations reduction, prohibition, restriction, depletion and scarcity alluded to in Arts. 62, 63, 65, 282 and 314 of the Water Code Public enterprises Resolutions of public companies on formation, participation, modification and withdrawal or termination of legal entities, and the acquisition of shares or other equity securities in companies, unless they fall under reimbursable financial contributions in any of the regulatory systems that contemplate. Information of public companies whose personnel are subject to collective bargaining regime, according to the instructions issued by the CGR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Exempt from TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Subject to TdR Notes: TdR = toma de razón; UTM is a unit of account, updated for inflation, used in Chile for tax purposes and fines. It was created in 1974 by Decree Law 830 (Art. 8). Initially it was a tax measure (fines, pay scale, etc.) by the Internal Revenue Service but was later extended to cover other matters. It is adjusted every month according to the consumer price index reported by the National Institute of Statistics. It is paid in Chilean pesos (CLP). Source: Based on information from CGR Resolution 1 600/2008. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 148 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Annex 2.A2 Public sector entity and consolidated government year-end reports in Chile and selected countries Table 2.A2.1. Public entity level year-end reports in Chile and selected countries Country Name of report Entities required to produce report Number of entities preparing reports Audited by supreme audit institution Australia Annual report, including financial statements LM+A+SOE 19 line ministries, 91 central government agencies, 71 Commonwealth authorities and corporations that are wholly owned by the government, 15 government enterprises Yes Brazil Management report (Relatório de Gestão) LM+A+SOE 1 158 Yes Chile x x x x Costa Rica Annual Report LM+A+SOE 24 entities within central government, 204 decentralized public sector entities, 23 trusts and 42 private entities that manage public funds No Denmark Annual report/annual account (Årsrapport/årsberetning) LM+A+SOE All central government entities Yes European Court of Auditors Annual accounts LM+A+SOE+other 11 institutions, 6 executive agencies, 32 decentralised agencies, 2 other controlled entities, 5 joint ventures, 4 associates Yes Israel Financial statements LM+A+SOE+other 152 entities included in the central government’s consolidated financial statements; 68 statutory entities (not included in the central government’s consolidated financial statements); and 30 government enterprises that failed to file financial statements and are not included in the central government’s consolidated financial statements No Italy .. .. .. .. Korea Annual report LM+A+SOE+other 50 Yes Mexico Various reports1 LM 29 Yes Various reports2 A+SOE+other 185 Yes Various reports3 Trust funds 369 Yes Peru .. .. .. .. Portugal Financial statements LM+A+other Over 720 Yes South Africa Annual report LM+A+SOE+other CG: 316 Yes SG: 271; LG: 337 Yes Approximately 19 000 Yes Spain Annual accounts LM+A+SOE+other CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 149 Notes: GG = General government; CG = Central government; SG = State/provincial government; LG = Local government; SS = Social security; E = Executive; L = Legislature; J = Judiciary; LM = Line ministries; A = Central government agencies; SOEs = State-owned enterprises; x = Not applicable; .. = Missing data. European Court of Auditors: In entities required to produce reports, line ministries refers to the European Commission (the EU “ministries”, European Parliament, European Court of Justice) which is the equivalent of line ministries in national administrations. Central government agencies refer to EU agencies. Other refers to (executive) agencies and joint ventures. The statutory deadline for the release of these reports is three months after year end for the provisional report and seven months after year end for the final report. The European Court of Auditors audits both the individual entities’ year-end reports and the consolidated year-end reports. Korea: Other in entities required to produce a report relates to public institutions. The statutory deadline for public entities to transmit their unaudited end of year reports to the Ministry of Strategy and Finance is 28 February. The Ministry of Strategy and Finance transmits the unaudited entity’s end of year reports to the Board of Audit and Inspection on 10 April. The Board of Audit and Inspection transmits the audited entity’s end of year reports to the Ministry of Strategy and Finance on 20 May. The Ministry of Strategy and Finance transmits the audited entity’s end of year reports to the National Assembly on 31 May (National Finance Act, Arts. 58-61). Portugal: Other in entities required to produce a report relates to local governments, regional governments’ departments. The Court of Auditors issues binding and detailed instructions on the information the accounts must provide and the documents which must be presented together with the financial statements. The statutory deadline for the release of these reports is four months. South Africa: Other in entities required to produce a report relates to provincial departments and public entities and municipalities and municipal entities. Entity accounts deadlines are six months for national and provincial entities and seven months for local government. Spain: Other in entities required to produce a report relates to all entities part of the Spanish public sector not covered by title of ministry, central government agency and state-owned enterprise. It includes state governments (autonomous communities or regions); local governments; social security; public foundations, etc. Statutory deadlines for the release of the reports are: for central government entities, 31 March (Section 127 of the General Act of Central State Budgets – Ley 47/2003 of 26 November); for state governments (regions or autonomous communities) it depends on their specific regulations; for local governments: 15 May of the following year (Section 212 RDLeg. 2/2004 of 5 March, of local governments’ finances). Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q 5. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 150 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT Table 2.A2.2. Consolidated government year-end reports in Chile and selected countries Reporting boundaries Country Australia Brazil Name of report Produced by Levels of government Within national government Within the executive Audited by supreme audit institution Commonwealth Consolidated Financial Statement for the year ended 30 June [year] Department of Finance and Deregulation CG E LM+A+SOE Yes Final Budget Outcome Department of the Treasury CG E LM+A+SOE No Accounts of the President of the Republic (Prestação de Contas do Presidente da República), including: Yes – General Balance of the Union Secretariat of National Treasury CG+SS E+L+J LM+A+ SOE – Report by the central authority of the Internal Control System of Federal Public Administration Office of the Comptroller General of the Union CG+SS E LM+A+ SOE – National Public Sector Balance Secretariat of National Treasury CG+SG+LG E+L+J LM+A+SOE No3 Chile State Financial Management Report Office of the Comptroller General of the Republic CG+ LG E+L+J LM+A+SOE No (consolidated by SAI) Costa Rica .. Ministry of Finance and National Planning Ministry CG+LG+SS E+L+J .. No Denmark Danish State Accounts Agency for the Modernisation of Public Administration CG E LM+A Yes European Court of Auditors Consolidated annual accounts of the European Union European Commission CG E+J LM+A+SOE+ other Yes Israel Government of the State of Israel – Financial Statements as of 31 December [year] Accountant General of the Ministry of Finance CG+SS E+L+J LM+A+SOE No Italy Economic consolidated account of the public administrations National Institution of Statistics CG+SG+LG +SS E LM+A+SOE+ local entities No Korea National Annual Report (국가 결산보고서) Ministry of Strategy and Finance CG+SG+LG +SS E+L+J LM+A Yes Mexico Federal Public Finance Account Secretariat of Finance and Public Credit CG+SG+LG E+L+J+other LM+A+SOE+ other Yes Peru .. .. .. .. .. .. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 151 Table 2.A2.2. Consolidated government year-end reports in Chile and selected countries (cont.) Reporting boundaries Country Portugal South Africa Spain Name of report Produced by Levels of government Within national government Within the executive Audited by supreme audit institution General State Account, including the Social Security Account Ministry of Finance, Directorate General of Budget CG+SS E+L+J LM+A Yes Regional Account of the Azores Vice-Presidency of the Regional Government of the Azores SG E+L LM+A Yes Regional Account of Madeira Secretariat of Regional Planning and Finance SG E+L LM+A Yes Consolidated financial information for the year ended 31 March South African National Treasury CG+SS E+L+J+other LM+A+SOE Yes Consolidated Financial Information by province Provincial treasuries SG E+L+J LM+A+SOE Yes General Account of the State Ministry of Finance, General Control and Audit Office CG+SS E+L+J LM+A+SOE +other Yes Summary of the General Account of the State Ministry of Finance, General Control and Audit Office CG+SS E+L+J LM+A+SOE +other Yes General Account of the Autonomous Community/City of… General Intervention of the Autonomous Community of... SG+SS E+L+J Other Yes General Account of the Local Government of… General Intervention of the Local government of… LG E Other Yes Notes: GG = General government; CG = Central government; SG = State/provincial government; LG = Local government; SS = Social security; E = Executive; L = Legislature; J = Judiciary; LM = Line ministries; A = Central government agencies; SOEs = State-owned enterprises; x = Not applicable; .. = Missing data. Line ministries: Central government organisations responsible for designing and implementing policies in line with wider government policies, and for the direction of agencies under their authority. These ministries may be called departments in some countries and are responsible for their own budget portfolios, although they must report to the central budget authority and are subject to their review. While they usually come under the authority of line ministries and report to a minister, central government agencies can in some cases report directly to the chief executive (e.g. president/prime minister or cabinet). State-owned enterprises: Organisations that are entirely or mainly owned and/or controlled by the public authorities; because of the nature of their activities, the technology they employ, and their mode of operation, these establishments are classed as industries. Australia: Most Commonwealth reporting entities’ accounts are not-for-profit. A limited number of Commonwealth authorities and corporations are for-profit and operate similarly to a commercial entity. The Commonwealth of Australia Consolidated Financial Statements were first produced for FY 1994-95 on a trial basis. The first Commonwealth of Australia Consolidated Financial Statements to be produced by the Australian government and audited by the Australian National Audit Office was for FY 1996-97. The reporting boundaries include all Australian government controlled entities. This includes 182 general government sector entities, 10 public non-financial CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 152 – 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT corporations and 5 public financial corporations. Brazil: Accountable officials are defined as public administrators and other individuals responsible for public money, goods and assets within the direct and indirect federal public administration. (1) The consolidated year-end government report has been produced since 1892. Between 1892 and 1933, theFederal Court of Accounts of Brazil (Tribunal de Contas da União, TCU) issued an audit opinion prior to the year-end report being published and presented to the National Congress. From 1934, the TCU has issued its audit opinion following publication of the year-end report and its presentation to the National Congress. (2) The consolidated financial statement of the public sector – the National Public Sector Balance – has been published by the Secretariat of the National Treasury since 2000. Since FY 2010, the National Public Sector Balance has been prepared in line with International Public Sector Accounting Standards. (3) The National Public Sector Balance is not audited; however, individual financial statements of all states and municipalities and the Federal District are audited individually. Costa Rica: The Office of the Comptroller General of the Republic issues opinions and judgements on the consolidated government report, prepared by the Ministry of Finance and National Planning Ministry, and public entity financial statements, and reports where applicable, by May 1 following each fiscal year. European Court of Auditors: In entities required to produce reports, line ministries refers to the European Commission (the EU “ministries”, European Parliament, European Court of Justice) which is the equivalent of line ministries in national administrations. Central government agencies refer to EU agencies. The European Commission has prepared accounts on an accruals basis since 2005 and the European Court of Auditors has been assessing them as reliable since 2007. Regulation (EU, Euratom) No. 966/2012 of the European Parliament and of the Council of 25 October 2012 on the Financial Rules applicable to the general budget of the Union (OJ L 298, 26.10.2012, p. 1) requires that the final accounts be sent by 31 July of the following financial year (Art. 148). Israel: Government ministries and agencies, government enterprises and statutory entities submit financial statements to the government of Israel or to the Israeli Parliament. Ministries and the government enterprises must also present performance reports. The State Comptroller’s Office does not audit or approve these financial statements. The audit reports periodically address specific accounting aspects. The government of Israel annually files an unaudited financial statement. The financial statement contains information on the economic activities of 152 entities – government ministries, agencies, government enterprises and the National Social Security Fund. The annual published financial report is a consolidated report does not include 68 statutory entities (such as the central bank, television and radio broadcast authorities and the National Standards Institute). The government’s annual financial statement also includes the operations of the State Comptroller’s Office. Municipal authorities independently file financial statements with the Ministry of Interior. These financial statements are not included in the government’s consolidated financial statement. Korea: The National Annual Report was first produced for FY 2011. The statutory deadline for public entities to transmit their unaudited end-of-year reports to the Ministry of Strategy and Finance is 28 February. The Ministry of Strategy and Finance transmits the unaudited entity’s end of year reports to the Board of Audit and Inspection on 10 April. The Board of Audit and Inspection transmits the audited entity’s end of year reports to the Ministry of Strategy and Finance on 20 May. The Ministry of Strategy and Finance transmits the audited entity’s end of year reports to the National Assembly on 31 May (National Finance Act, Arts. 58-61). Mexico: Branches of government also include autonomous entities, administrative courts and trusts funds. (1) Government units, autonomous entities, legislature, judiciary, presidency of Mexico, Attorney General of Mexico and administrative courts must prepare: i) a worksheet; ii) the state of budget execution; iii) state income analytics; iv) an analysis of treasury accounts; v) the state of federal government debt; vi) adjustments to the budget exercise; vii) adjustments to the Income Law; and viii) main variations to the balance sheet accounts and results. (2) Central government agencies and state-owned enterprises must prepare: i) a worksheet; ii) an income statement; iii) analysis of cash flow; iv) state of origin and application of resources; v) cash flow; vi) the state of budget execution; and vii) state integral analytical internal and external debt. (3) Units and entities whose budgets have been transferred to trust funds or entities that co-ordinate trust fund operation must provide: i) accomplishment report on trust fund targets and goals in addition to the report on exercised resources. Portugal: The General State Account, including the Social Security Account, was first produced in 1884. The statutory deadline for the release of these reports is 30 June, i.e. six months after the end of the fiscal year. South Africa: The consolidated financial information for the year ended 31 March was first produced for FY 2001. Spain: General Account of the State and Summary of the General Account of the State: Other within national government refers to the central bank; central state public universities, central state public foundations, central state consortia. General Account of the Autonomous Community/City of… other within the executive refers to departments of the government of the autonomous communities; regional government agencies; regional government enterprises; regional public universities, regional public foundations, regional consortia. General Account of the Local Government of… other within the executive refers to departments of the government of the municipality; municipal government agencies (if any exist); municipal government enterprises (if any exist); municipal foundations, municipal consortia. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 6. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 2. SUPPORTING STRATEGIC AGILITY AND REBUILDING TRUST IN GOVERNMENT – 153 References AGSA (Auditor-General of South Africa) (2013), PFMA 2011-12, Consolidated General Report on National and Provincial Audit Outcomes, AGSA, www.agsa.co.za. Aldunate, L.E. (2005), “La evolución de la función de Control de la Contraloría General de la República [The evolving function of the Office of the Comptroller General of the Republic]”, Revista de Derecho de la Pontificia Universidad Católica de Valparaíso, Vol. XXVI, tomo II, pp. 19-30. Armijo Dinamarca, I. and A. Carreño Riveros (1997), “La Contraloría General de la República, evolución histórica, organización y funciones [The Office of the Comptroller General of the Republic, historical evoluation, organisation and functions]”, Memoria de Prueba (Licenciatura en Ciencias Jurídicas y Sociales), Universidad Central. 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(2012), "El rol de la Contraloría General de la República: Desde el control de legalidad a los nuevos estándares de buena administración [The role of the Comptroller General of the Republic: From the review of legality to the new standards of good administration]”, in CGR (ed), La Contraloría General de la República, 85 años de vida institucional (1927-2012), CGR, Santiago. Wölfl, A. et al. (2010), “Product market regulation: Extending the analysis beyond OECD countries”, OECD Economics Department Working Chapters, No. 799, OECD Publishing, Paris, http://dx.doi.org/10.1787/5km68g3d1xzn-en. World Bank/IADB (Inter-American Development Bank) (2005), Republic of Chile, Country Financial Accountability Assessment, Report No. 32630-CL, World Bank, Washington, DC. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 159 Chapter 3 Fostering strategic agility in Chile’s Office of the Comptroller General* This chapter examines strategic agility in the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to effectively identify and respond to the evolving environment in which it operates and changing societal expectations. In analysing the strategic agility of the CGR, this chapter analyses the institution’s: i) strategic sensitivity, drawing upon concepts of institutional strategic planning and foresight (horizon scanning) activities; and ii) operational agility, drawing upon concepts of SAI (administrative) independence and human resource management. The analysis is framed by OECD work on public governance and International Standards of Supreme Audit Institutions (ISSAI) – in particular, the “Lima Declaration on the Precepts of Government Auditing” (ISSAI 1), the “Mexico Declaration on SAI Independence” (ISSAI 10), the “Principles for Transparency and Accountability” (ISSAI 20) and “Quality Control for SAIs” (ISSAI 40) – as well as International Organisation of Supreme Audit Institution (INTOSAI) good practice guidance on strategic planning, capacity building and human resource management. * The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 160 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Introduction This chapter examines strategic agility in the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to effectively identify and respond to the evolving environment in which it operates and changing societal expectations. Strategic agility refers to the capability and capacity to keep an organisation on the leading edge of its activity, whether in the public or private sector. Strategic agility in the public sector context entails developing strategic sensitivity, collective commitment and operational agility in order to respond to an increasingly complex and changing policy environment. Strategic sensitivity is the ability to understand and balance current and emerging trends as well as societal preferences and expectations. Collective commitment refers to the existence of a common vision and set of overall objectives, and the use of this vision and objectives to steer and implement strategies at a whole-of-government level – or for SAIs, at an organisational level. Operational agility is the ability to align resources to changing priorities and to promote innovative ways to maximise government performance. The need for strategic agility in SAIs should be considered in the context of the move to enhance strategic agility and rebuild trust in government, discussed in Chapter 2. INTOSAI’s “The Value and Benefits of Supreme Audit Institutions - making a difference in the lives of citizens” emphasizes the need for SAIs to be seen as model institutions and as trustworthy in order to fulfil their functions and ensure potential value to citizens (INTOSAI, 2013). OECD countries have collectively recognised the role of strategic agility in government and trust in public institutions to support inclusive and sustainable growth (OECD, 2013a). The move to enhance strategic agility and build trust in government places new demands on SAIs, but also creates opportunities for these institutions to further their existing role in enhancing good governance. Evidence-based decision making can enable the findings of SAI audit assignments to not only support accountability processes but also to provide insight and foresight in decision-making processes. The findings of SAI audit assignments can support insight by broadening and deepening the government’s understanding of the key challenges facing the public administration. These findings can also support foresight by drawing attention to emerging medium- and longer term challenges and risks that may adversely affect public governance and to encourage the early adoption of mitigating measures (GAO, 2007; 2012). The CGR’s independence is a valuable asset that can contribute to developing a collective commitment within government. Moreover, the long tenure of the Comptroller General enables the institution to look beyond the electoral cycle. In examining the strategic agility of the CGR, as a means to further contribute to strategic agility in the public sector of Chile, this chapter analyses the institution’s: strategic sensitivity to understand emerging issues in the government and public administration as well as societal expectations, drawing upon concepts of institutional strategic planning and foresight (horizon scanning) activities operational agility to allocate and redeploy resources in order to effectively respond to these emerging issues and expectations, drawing upon concepts of SAI independence and human resource management. The analysis is framed by OECD work on public governance, International Standards of Supreme Audit Institutions (ISSAI) and International Organisation of Supreme Audit Institution (INTOSAI) good practice guidance. OECD literature has developed the concept of strategic agility within the public sector and illustrated its application in CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 161 several OECD Public Governance Reviews (OECD, 2010a; 2011a; 2012b; 2012c; 2012d). Though this work has not explicitly focused on SAIs, the lessons are equally relevant for these institutions. The “Lima Declaration of Guidelines on Auditing Precepts” and the “Mexico Declaration on the Independence of Supreme Audit Institutions” provide principles regarding organisational, functional and administrative independence necessary for the effective functioning of SAIs (INTOSAI, 1977; 2010a). The “Principles for Transparency and Accountability” and “Quality Control for SAIs” (INTOSAI, 2010b; 2010c) further focus on the role of human resource management on SAI operations. This is complemented by INTOSAI guidance on human resource management (INTOSAI, 2010c; 2012a; 2012b). This chapter includes comparative data for the CGR as well as 13 SAIs collected through an OECD survey specifically conducted for this peer review. The assessment is coherent with the INTOSAI Peer Review Guidelines and Checklist (INTOSAI, 2010e; 2010f). This chapter notes that the CGR has introduced strategic planning to advance the institution’s management reforms that were initiated in recent years, and to create a collective commitment to the institution’s future mission, vision and values. The strategic planning process has drawn upon various assessment instruments focused on benchmarking the CGR against international norms and good practice. The process for formulating the strategic plan has supported the realisation of collective commitment, engaging not only senior and middle management but also through the broad participation of CGR staff. The Comptroller General has significant administrative independence to reallocate resources in line with the institution’s changing needs. This administrative independence has allowed the CGR to undertake a reorganisation of a number of its central divisions and standardised the structure of its regional offices to increase the performance, efficiency and timeliness of its functions. It has also enabled a restructuring of the CGR workforce to support institutional renewal and professionalisation of its workforce. This chapter posits that the CGR could, building on its current achievements, enhance its strategic agility by: fostering strategic sensitivity of emerging trends and risks affecting public governance and changing citizens’ expectations as input to the CGR’s strategic planning and institutional modernisation developing operational agility by using strategic human resource management in order to effectively respond to emerging governance issues and changing societal expectations. Fostering strategic sensitivity of the evolving external environment and societal demands Strategic sensitivity is crucial for the CGR to ensure that it can serve as a thought leader and active contributor to increasing public governance, providing greater value and benefit for the public sector and citizens. Strategic sensitivity in this context is the ability to identify, understand and assess emerging risks affecting public governance; evolving informational needs of those charged with governance; and concerns and expectations of stakeholders. This attention has arisen in response to the redefinition of the role of the state, the increasingly complex nature of policy challenges and demands for more inclusive, responsive and effective public service delivery (OECD, 2012a). Moreover, the concept of public governance is also evolving, including through the role of transparency, CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 162 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL citizen engagement and co-production (i.e. involving citizens in the design, delivery and oversight of public services) (OECD, 2009a; 2011b; 2013b). This provides an environment in which the CGR can provide not only oversight, but valuable insight – and even foresight – for those charged with governance to support the modernisation of the state and foster trust in government. The capabilities and information requirements to foster strategic sensitivity in the CGR are different to those necessary for providing oversight and delivering traditional core business lines (Table 3.1). Strategic sensitivity necessitates building capabilities to anticipate foreseeable changes in government policies and management practices, as well as to explore other possible disruptive trends and changes affecting governance. It requires a good understanding of the current state and future directions of government policies and management practices based on their own work. This understanding needs to be developed at all levels of the CGR, and not just among senior management. Strategic sensitivity also depends on sourcing different perspectives and necessitates actively seeking and consolidating the experience and expertise of multiple stakeholders in order to harness innovative thinking. However, care should be taken to ensure that the involvement of external experts and stakeholders does not undermine the real or perceived level of the CGR’s independence – a core principle for SAIs (INTOSAI, 1977; 2010a). Table 3.1. Strategic sensitivity for supreme audit institutions to provide oversight, insight and foresight For the supreme audit institution to provide: Necessitates strategic capabilities such as: Drawing upon activities such as: Accessing information such as: In order for the supreme audit institution: Foresight (long-term > 8 years in Chilean context; or more than 2 terms of the administration; and 1 term of the Comptroller General) Anticipation of, and preparation for, both foreseeable and disruptive trends affecting the role of government and the state Continuous scanning and consultation; pattern recognition; analysis of “weak signals”; futures studies; consensual views Futures reporting; horizon scanning; long-term fiscal projections; scenario planning To engage in strategic planning and develop new competencies Insight (medium-term, 2-8 years in Chilean context) Anticipation of, and preparation for, foreseeable changes in government policies, institutions and management practices Analysis of historical and trend data; comparable information and analysis across government; comparison of national and international trends Government programme; medium-term budget framework; spatial and capital investment plans; comparative international government data To engage and adjust strategic planning and plan in order to build capacity and capabilities to respond to emerging governance challenges Oversight (short-term, 1-2 years) Identification of current risks affecting governance and accountability, and identification of good practice within the administration Understanding of government programmes, functioning of internal control Executive action; annual budget; findings of past audit work and follow-up activities To plan and programme annual audit work in order to provide independent oversight of government programmes and use of public resources Source: Adapted from OECD (2010), Finland: Working Together to Sustain Success, OECD Public Governance Reviews, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086081-en. The CGR has recently introduced strategic planning as a tool to broaden its attention beyond annual planning activities and to create a collective commitment among its officials to the institution’s mission, vision and values. Collective commitment is the adherence to a common vision and set of overall objectives, and their use to guide the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 163 work of individuals, as well as co-ordination and collaboration as needed to achieve the institution’s strategic goals. However, the CGR’s strategic planning has largely been informed by an assessment of internal capacity gaps against international good practices. This exercise could be strengthened by seeking to identify and understand the impact of the changing external environment on the CGR’s operations in the medium and long term. Developing an understanding of the changing external environment could help the CGR to proactively build its capability and capacity in order to respond to emerging challenges – as well as to provide insight and foresight to those charged with governance. In order to foster strategic sensitivity to possible changes in its external environment, the CGR could: explore current trends and risks affecting governance, utilising information and data generated through its own audit planning, implementation and follow up build awareness and understanding of future trends and risks affecting governance in Chile, drawing open government data and horizon scanning activities develop awareness and understanding of modernisation of the state and risks affecting governance in other countries as a basis for anticipating change in Chile. The remainder of this section examines the introduction of strategic planning within the CGR and explores possible ways in which the institution can foster strategic sensitivity to possible changes in its external environment, evolving informational needs of those charged with governance, and concerns and expectations of stakeholders. Strategic planning has been introduced to respond to changes in the institution’s operating environment and create collective commitment in the future mission, vision and values The CGR (2012a) defines strategic planning as a systematic process that can give attention to changes to the environment in which it operates and to enhance the ability of the institution to respond to the demands of its stakeholders. It considers the planning process a “best estimated response” to the dynamic environment in which the institution operates. As such, strategic planning provides focus and guides efforts to support the definition of goals and quantitative targets, the formulation of strategies and the assessment of institutional performance. Moreover, the CGR considers that strategic planning can support the institution to reach agreement internally on priorities essential to its mission and the environment in which it operates. Collective commitment is considered critical as the planning process involves decisions that will have long-term consequences for which it is necessary to have clear knowledge about its own institutional capabilities. Strategic planning is a relatively new practice within the CGR and was introduced in order to advance the institution’s management reforms that were initiated in recent years. Of the 12 SAIs involved in this peer review: one introduced strategic planning in the 1980s, three in the 1990s, three in the 2000s and four have yet to do so (Table 3.2). Strategic planning follows a process of a number of reforms that involved, among other changes, the standardisation of the institution’s internal procedures, the introduction of a philosophy of “management by results” and a restructuring of the CGR workforce. Although the current strategic plan is formally the institutions’ first such plan, the CGR has previously published different strategy documents to articulate its mission and its role CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 164 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL within the public administration. For example, in 1995 the CGR undertook a series of actions to explore, together with other government authorities, the needs to modernise the CGR and its role with a new administrative reality in Chile and prepare it for the 21st century (CGR, 1995; 1997). In 2003, the CGR published “institutional directions” and in 2010 it published “strategic directions” (Table 3.3). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 165 Table 3.2. Strategic planning by the supreme audit institutions of Chile and selected countries Country Australia Strategic plan exists Year of first strategic plan Years covered by current strategic plan External stakeholders consulted in strategic planning process Other Full strategic plan available on SAI’s website Public reporting on strategic plan implementation Executive Legislature Citizens Yes 1985 2013 No No No No Yes Yes (annually) Brazil Yes 1994 2011-15 Yes Yes Yes Yes Yes Yes (quarterly) Chile Yes 2013-15 2013-15 No No No No No x Costa Rica Yes 2000 2008-12 No No No No Yes Yes (annually) Denmark Yes Prior to 2000 2012-15 No Yes No No Yes Yes (annually) European Court of Auditors Yes 2008 2013-17 Yes Yes No Yes Yes Yes (annually) Israel No x x x x x x x x Italy No x x x x x x x x Korea No x x x x x x x x Mexico .. .. .. .. .. .. .. .. .. Peru Yes .. 2012-14 .. .. .. .. Yes .. Portugal Yes 1999 2011-13 No No No No Yes Yes (annually) South Africa Yes 2005-06 2013-16 No No No No Yes Yes (annually) Spain No x x x x x x x x Notes: Australia: The Strategic Statement was introduced in 2013 to replace the 2010-13 strategic plan. It captures the ANAO’s enduring programmes and is designed to be used into the future with yearly review by senior management. The Strategic Statement is complemented by a more detailed annual business plan. Israel: A full strategic plan is under preparation and expected to be completed and implemented within a year. Currently, an annual work plan covering 18 months and encompassing multi-annual goals is the basis for ongoing activity. Spain: Strategic planning is being addressed in an in-depth modernisation process being undertaken by the SAI of Spain. Currently, some core elements of strategic planning are dispersed amongst internal documents. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 166 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Table 3.2. Strategic planning by the supreme audit institutions of Chile and selected countries (cont.) Plan incorporates the results of an assessment of Country Australia Brazil Chile Costa Rica Denmark European Court of Auditors Israel Italy Korea Mexico Peru Portugal South Africa Spain Supreme audit institution’s current operations Strategic plan exists Years covered by current strategic plan Emerging trends affecting government and auditees Emerging trends affecting the supreme audit institution Institutional performance and impact Engagement with external stakeholders Compliance with auditing standards Human resource capabilities Support systems capabilities Internal organisation and governance Yes Yes Yes Yes Yes 2013 2011-15 2013-15 2008-12 2012-15 Yes Yes No No No Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes No Yes No Yes Yes No Yes No Yes Yes Yes Yes Yes Yes 2013-17 Yes Yes Yes Yes Yes Yes Yes Yes No No No .. Yes Yes Yes No x x x .. 2012-14 2011-13 2013-16 x x x x .. .. Yes Yes x x x x .. .. Yes Yes x x x x .. .. Yes Yes x x x x .. .. Yes Yes x x x x .. .. Yes Yes x x x x .. .. Yes Yes x x x x .. .. Yes Yes x x x x .. .. Yes Yes x Source: ANAO (2010), Australia National Audit Office Corporate Plan 2010-2013, Australian National Audit Office, Canberra, www.anao.gov.au/AboutUs/~/media/AA6EA069D6D94B8D9AF1798136E70825.pdf; TCU (2011), Plano Estratégico TCU 2011-2015 [TCU Strategic Plan 2011-2015], Tribunal de Contas da União, Brasília, http://portal2.tcu.gov.br/portal/page/portal/TCU/planejamento_gestao/planejamento2011/pet.pdf; Contraloría General de la República (Costa Rica) (2008), Plan Estratégico Institucional 2008-2012: Un Compromiso con la Sociedad Costarricense… [Institutional Strategic Plan 2008-2012: A Commitment to Costa Rican Society…], Contraloría General de la República, San José, http://cgrw01.cgr.go.cr/portal/page?_pageid=434,2625184&_dad=portal&_schema=PO RTAL; NAOD (n.d.) http://uk.rigsrevisionen.dk/about-us/strategy-and-performance-targets; ECA (2013), European Court of Auditors Strategy 2013-17, European Court of Auditors, Luxembourg; ASF (2011), Plan Estratégico de la ASF (2011-2017) [ASF Strategic Plan 2011-2017], Auditoria Superior de la Federación, Mexico DF, www.asf.gob.mx/uploads/41_Instrumentos_Legales/Plan_Estrategico_ASF_2011-2017_web.pdf; Contraloría General de la República (Peru) (2012), Plan Estratégico Institucional 2012-2014 [Institutional Strategic Plan 2012-2014], Contraloría General de la República, Lima, www.contraloria.gob.pe/wps/wcm/connect/518e43a4-7cbf-44feaa54-46a6d14881bc/RC_039_2012_CG.pdf?MOD=AJPERES; Tribunal de Contas (Portugal) (2010), Plano Trienal 2011/2013 [Triennual Plan 2011-2013], Tribunal de Contas, Lisbon, www.tcontas.pt/pt/actos/outros/pt-2011-2013.pdf; AGSA (2013), Budget and Strategic Plan of the Auditor-General of South Africa for 2013-2016, Auditor-General of South Africa, http://www.agsa.co.za/Documents/AGSAreports/Budgetandstrategicplans/tabid/94/id/14/Default.aspx. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 167 Table 3.3. The vision, mission and values of the Office of the Comptroller General of the Republic 2010 strategic directions 2013-2015 Strategic Plan Mission To ensure compliance with the law, the protection and proper use of public property, the preservation and strengthening of administrative integrity, and accuracy and transparency of the government's financial management, achieved with a high level of excellence as an essential part of the “National System of Control” 2003 institutional directions To ensure compliance with the principles of the law, to protect public patrimony; to oversee and strengthen integrity in administrative matters, to ensure regularity and transparency in financial management by the public administration To ensure legal compliance by the public administration through a collaborative relationship with public entities and citizens, promoting the public good through efficient institutional management to safeguard the integrity of transparency and correct use of public patrimony Vision Not defined Serving as the country’s highest oversight body, capable of acting independently enhancing public management and governance; protecting integrity and providing assurance of the actions and performance of the public administration To be an entity that delivers timely and high-quality products and services for civil society and the state, generating trust in the proper use of public resources and actively integrating control processes in order to increase the impact of the institution’s work Values Not defined – Independence and responsibility – Objectivity – Professionalism (integrity, efficiency, excellence) – Transparency – Accountability – Constructive and collaboration – Consistency – Reliability – Integrity – Collaboration – Responsibility – Autonomy – Transparency Source: CGR (2003), “Doctrina institucional [Institutional doctrine]”, CGR mimeo, CGR, Santiago; CGR (2010), “Aprueba las definiciones estatégicas de la Contadloria General de la Republica”, CGR, Santiago, 17 November; CGR (2013), “Plan Estratégico 2013-2015 Contraloría General de la República, marco estratégico [Office of the Comptroller General of the Republic 2013-15 Strategic Plan, strategic bases]”, CGR, Santiago, May. Several key differences exist between the CGR’s 2013-15 Strategic Plan and previous strategic documents. The strategic planning process was prepared based on a broad assessment of the CGR’s capacity needs, involved the broad participation of CGR officials and various strategies have been prepared to support its implementation. The identification of the CGR’s capacity needs drew upon various assessment instruments focused on benchmarking the CGR against international norms and good practice. These assessment instruments included a SWOT analysis and the Strategic Development Framework contained in the IDI (2009) Strategic Planning: A Handbook for Supreme Audit Institutions. The SWOT analysis was informed by the results of a 2012 CGR Organisational Climate Survey (Estudio de Clima Organizacional 2012) and a 2012 Performance and Satisfaction of Services and Processes (Estudio de Desempeño y Satisfacción de Servicios y Procesos). The SWOT analysis was discussed and subsequently revised based on the input provided by participants of a CGR Capacity Needs Assessment Workshop (Taller de Detección de Necesidades). The Strategic Development Framework was used to define the desired CGR performance in seven domains: i) independence and legal framework; ii) human resources; iii) audit standards and methodology; iv) internal governance; v) corporate support; vi) external stakeholder relations; and vii) performance/results. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 168 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL The process for formulating the CGR’s strategic plan has supported the realisation of a collective commitment to the modernisation of the institution and the achievement of its future vision. The formulation of the strategic plan placed significant emphasis on building not only ownership of senior and middle management (equipo directivo) but also broad participation of professionals (funcionarios). Professionals were involved directly and indirectly in order to understand their views on the institution’s strategic direction and to identify critical issues. Direct participation was achieved through workshops and focus group discussions to discuss the institution’s mission and vision; indirect participation was achieved through the Organisational Climate Survey. (The CGR Organisational Climate Survey is discussed in more detail in Chapter 6). The CGR’s management was involved to validate the process and to agree on the goals and strategies moving forward. The formulation of the strategic plan was by a dedicated committee of senior management to guide and oversee and a working team to support the process. Despite defining strategic planning as a means to explore changes in the external environment, the CGR did not utilise this process to explore this very issue. The CGR could learn from the experiences of the SAIs of Australia, Brazil, Portugal and South Africa, as well as the European Court of Auditors, which examined emerging trends that could affect government and auditees, as well as the SAI directly. The Brazilian Federal Court of Accounts conducted a scenario analysis of the future trends in the public sector drawing upon external experts as well as its internal management in the preparation of its 2011-15 Strategic Plan (Box 3.1). The National Audit Office of Denmark explored how the financial crisis and push towards efficiency within the public sector would affect the focus of its work in the preparation of its 2012-15 strategic plan. The Portuguese Court of Accounts examined the main structural constraints affecting the country’s economic development and financial sustainability – e.g. demographic change and its impact on the sustainability of social security and the National Health Service, the fiscal burden resulting from public-private partnerships and the high level of public and national indebtedness – in the formulation of its 2011-2013 Strategic Plan. The European Court of Auditors examined the increasing complexity, interconnectedness and unpredictability of the global environment and change in the European Union’s financial management practices – e.g. mainstreaming of expenditure, new financial instruments and developments in the control framework for directly managed expenditure – in the formulation of its strategic plan. The process could have been strengthened by consultation with external stakeholders, such as the legislature, executive or representatives of civil society in the strategic planning process. However, only 3 of the 12 benchmark SAIs involved in this peer review consulted with external stakeholders. The SAI of Brazil engaged with a broad range of stakeholders including the executive, legislature, representatives of labour and employers, civil society organisations and the media. The European Court of Auditors consulted with the European Parliament’s Budgetary Control Committee, discussed its regular key performance indicators with the European Commission and surveyed SAIs in all European Union countries (Box 3.2). The National Audit Office of Denmark engaged with the parliament’s Public Accounts Committee, the body to which it submits all of its audit reports and discusses its annual budget. This was done by both formal and informal meetings with the heads of committee secretariat and other relevant staff members. During the process the members of the Public Accounts Committee were invited to more informal dialogue meetings between the committee itself and the Auditor-General. However, the final strategy was decided upon by the National Audit Office of Denmark. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 169 Box 3.1. Using the results of assessment of emerging trends affecting government in the strategic planning of the supreme audit institution of Brazil Strategic planning was introduced within the Brazilian Federal Court of Accounts (TCU) in 1994. Strategic planning involves: i) clarifying an organisation’s mission and values; ii) developing a vision for the future; iii) analysing external opportunities and risks; iv) assessing internal strengths and weaknesses; v) evaluating alternative strategies; and vi) developing monitorable action plans. Since the first TCU Strategic Plan (Plano Estratégico do Tribunal, PET) in 1994, six strategic plans have been issued by the TCU, each varying in their approach. Through this process the TCU has sought to align itself with best practices adopted by other supreme audit institutions. The TCU’s 2011-14 Strategic Plan was developed using a balanced scoreboard approach and scenario analysis. The approach represents an evolution from the earlier strategic plan. For example, the second plan, issued in 1999, was based on guideline management (Gerenciamento de Diretrizes) where yearly guidelines were created in order to improve management efficiency. The third plan, issued in 2001, included an institutional self-evaluation to diagnose strengths and weakness, opportunities and risks. The fourth plan, issued in 2003, emphasised managing for results and the creation of the institutional values. The fifth plan, issued in 2005, was based on a balanced scoreboard approach together with guideline management that was utilised in 1999. Underlying the preparation of the TCU’s 2011-14 Strategic Plan was an awareness of the growing complexity of the environment in which the institution operated. Although the management strategy adopted by the TCU until then was satisfactorily meeting most of the institution’s needs, it had some deficiencies as to foreseeing future events that could impact the performance of the institution if they occurred. Through the strategic planning process, the TCU attempted to create a strategy that would be effective in the long term and that would not become obsolete quickly. In order to deal with these changes, the TCU sought to formulate a strategy that could foresee possible changes in the external environment and that would enable the organisation to be prepared and capacitated to realign the strategy in the shortest time possible, without getting in the way of achieving the desired results. The scenarios analysis was conducted using the “Grumbach method” to examine the probability of future events that could have a significant impact on the TCU’s performance. The Grumbach method is used to support the formulation of strategies by organisations that find themselves in a competitive and turbulent environment, where traditional models of planning, forecasting and projections are not appropriate. The Grumbach method uses traditional tools of strategic planning together with scenarios planning methods, for example, Delphi, Cross-Impact and the Monte Carlo Simulation. The Grumbach method also includes an analysis of the strategic posture of other actors in face of the alternative scenarios identified. The Grumbach method closes the strategic management cycle by prioritising and planning the strategic initiatives and their monitoring. This is done by using indicators that are monitored in real time, thus allowing adjustment between the long-term objectives of the organisation and the execution of strategic initiatives that are necessary to reach those objectives in the present. Among the issued examined in the scenario planning were: macro and micro-economic trends within the Brazilian economy take up of e-government and m-government participation of society in the oversight of public expenditure private participation in the delivery of public services increasing outsourcing in government service delivery ability of the public administration to attract and retain officials actions to prevent and detect corruption within the public sector. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 170 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Box 3.1. Using the results of assessment of emerging trends affecting government in the strategic planning of the supreme audit institution of Brazil (cont.) The scenario analysis was supported by a survey of 1 500 external experts on issues ranging from the economy, the environment and direct social control/citizen engagement who were surveyed about future developments related to government control. In addition, a survey was conducted of the TCU leadership on their perceptions of the organisation’s external control activities, structure, planning and management. In addition, two separate surveys focused on the opinions of TCU officials and external experts as input into the TCU strategic planning activities. Approximately 550 TCU officials responded to a survey regarding the internal challenges affecting them in their work. Main challenges identified through the Federal Court of Accounts’ Strategic Planning for 2011-14 Internal challenges – Timeliness of the TCU’s judgments and findings – Use of strategic information in planning control actions – Effectiveness of control actions in different sectors – Communication and information sharing between TCU units – Pressure for enhancing the specialisation of TCU technical units – Capacities of TCU officials to respond to future challenges – Integration of IT systems used by TCU – Balance staffing of TCU units – Adherence of decision making to strategic plan – Administrative continuity – Involvement of high-level officials in strategic planning – Information sharing between actors of both internal and external control – Co-ordination between TCU and the internal control system of the federal public administration External challenges – Pressure for more control actions – Need to develop new areas of expertise and skills – Growth of direct social control – Growth of complex issues such as public-private partnerships, Pré-Sal, airport infrastructure – Growth of electronic fraud – Demands for more performance audit – Demands for improvements and increases in productive infrastructure – Growth of e-government within the federal public administration Source: Adapted from TCU (2011), Planejamento Estratégico, Construindo o TCU do futuro, 2011-2015, Sumário Executivo [Strategic Plan, Building the Future of the TCU, 2011-2015, Executive Summary], TCU, www.tcu.gov.br; OECD (2013), Brazil’s Supreme Audit Institution: The Audit of the Consolidated Year-End Government Report, OECD Public Governance Reviews, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264188112-en; and interviews with TCU officials. Box 3.2. Consultation of external stakeholders in the strategic planning of the supreme audit institution of the European Court of Auditors During the development of the ECA’s 2013-2017 Strategic Plan the European Parliament was consulted in the form of meeting between members of the Budgetary Control Committee and the ECA. In addition, the committee organised a public hearing entitled “Future Role of the European Court of Auditors: Challenges Ahead and Possible Reform” that featured contributions of former and current members of the ECA as well as independent experts. The results of both events were taken into account by a reflection group of ECA members in their final report that contained suggestions for the strategic orientation of the ECA. These were integrated in the new strategy, for instance, in the sections on “Working with others to leverage the ECA’s contribution to EU accountability”. The ECA also consulted with the SAIs of the (then) 27 member countries of the EU in the form of an open question survey on the following issues: inter-SAI co-operation, audit methodology and communications of SAIs. The SAIs gave extensive replies which were synthesised and included in the final report of the strategy reflection group. Source: European Court of Auditors. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 171 In the preparation of its strategic plan, the CGR proposed to communicate its final strategic plan with its stakeholders and subsequently solicit input from these stakeholders as input into the future revision of the plan. This will be done through the CGR’s website. The CGR launched its first strategic plan in May 2013, with the plan covering the period 2013-15 – and covering the last two years of the current Comptroller General’s tenure. The strategic plan was communicated through the CGR’s 2012 annual report and institutional website (Table 3.4). In July and August 2013, the CGR undertook a number of activities to “socialise” the plan to all of its staff, including regional comptroller offices. At the time of publishing this review, the CGR was still formulating operational plans and projects to support the implementation of the strategic plan. CGR divisions have proposed a number of projects in line with the CGR’s strategic goals that are currently being reviewed internally by the institution’s senior management. Once approved, they will be included in the annual operating plans, together with the indicators for assessing the achievement of the strategic objectives. It is critical that the CGR align Table 3.4. Office of the Comptroller General of the Republic’s strategic objectives and strategies As contained in the CGR 2013-15 strategic plan Strategic objectives 1. Deliver timely, high-quality and value-added products and services Strategies 1.1 Sustain the quality improvements of institutional products and services targeting different audiences 1.2 Evaluate the impact of key CGR products and services on citizenship and public institutions 1.3 Increase the online coverage of CGR products and services 1.4 Enhance the quality of products and services supporting the operational functions of the institution 2. Strengthen relations with external stakeholders in order to increase the impact of the institution’s work 2.1 Develop stronger links and measures of mutual collaboration with key CGR stakeholders 2.2 Promote improvements in transparency and integrity in the administration’s use of public resources 2.3 Increase sharing of good practices with international/national organisations to enhance institutional management 2.4 Understand and enhance citizens’ perception of the management of the institution and its role in the public sector 3. Standardise and improve 3.1 Strengthen co-ordination among different CGR divisions/offices in order to adopt uniform guidelines and criteria institutional processes with a focus on managing for 3.2 Standardise processes and procedures nationwide for core and support functions results 3.3 Develop and integrate information systems supporting the institution’s functions 3.4 Increase added-value of CGR management control in order to support internal decision making 3.5 Strengthen capacity and dissemination of internal control to improve internal management 4. Develop competent and motivated staff with appropriate skills for the institution 4.1 Develop an institutional competency framework to increase staff performance and satisfaction 4.2 Support the development of staff competencies and knowledge through effective training programmes 4.3 Enhance individual performance assessments giving attention to different institutional levels and responsibility 4.4 Enhance the organisational climate to encourage continuous management improvement 4.5 Enhance leadership skills within the institution and evaluate the role of headships Source: CGR (2013), “Plan Estratégico 2013-2015 Contraloría General De La República, marco estratégico [Office of the Comptroller General of the Republic 2013-15 Strategic Plan, strategic bases]”, CGR, Santiago, May. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 172 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL and integrate the operational plans and projects with the institution’s performance management systems and its budgeting processes. Chapter 6 discusses the alignment of performance management with strategic planning with the budget process in more detail. The CGR could take action to ensure that future strategic planning processes are concluded before the start of the plan’s period. Moreover, future strategic plans could be designed with consideration of the term of the Comptroller General. The current strategic plan spans three years and ends in 2015, the same year as the appointment of a new Comptroller General. In could be advantageous to consider preparing the strategic plan on a four-year cycle to better fit with the term of the Comptroller General. In future, action could also be taken to ensure the strategic planning process only begins after the appointment of the new Comptroller General to ensure ownership of the new leadership. Explore current trends and challenges affecting governance utilising information and data generated by audit planning, implementation and follow up The CGR has access to a wealth of information and data from both its audit and non-audit activities that can support it to identify common trends and risks affecting governance. Recent reforms within the CGR also support the potential utilisation of this information and data. For example, the CGR has developed a matrix of relative importance (matriz de importancia relativa) and risk indicators (indicador de riesgo) in order to prioritise annual audit planning. Adjustments to the CGR’s audit information systems support the recording, monitoring and follow up of audit observations and other matters of emphasis identified through audit implementation. Furthermore, the creation of a dedicated function for monitoring auditee’s actions to address audit observations can provide an additional source on the maturity of internal control (Chapter 5). The CGR has also sought in recent years to analyse this information to provide added value and knowledge using government accounting information (Chapter 1). The CGR could also give consideration to the establishment of a specific organisational unit responsible for identifying and processing intelligence, such as in the case of the Korean Board of Audit and Inspection (Box 3.3). A first step in this direction has been the creation of the technical units of external control. Build awareness and understanding of future plans for the modernisation of government in Chile drawing upon horizon scanning activities The CGR could take concrete actions to familiarise itself with the government’s reform priorities to seek to understand the expected impact on the public sector and good governance. The executive branch in Chile has clear and institutionalised mechanisms for setting its strategic vision and policy priorities. Among its primary tools are the Government Programme (Programa de Gobierno) and its Government Programming (Programación Gubernamental). The Government Programme, delivered as part of the Presidential Speech of 21 May each year, articulates the country’s strategic direction in a manner that is accessible and clear to citizens, and enables citizens to hold the government accountable throughout the electoral term and at the next election. Government Programming is a roadmap for public entities of how the country’s strategic aims will be achieved sectorally, including articulating ministerial objectives and how they relate to programme priorities set by the President. Published online, these activities are available to citizens, thus promoting transparency. They also serve to hold the implementing body accountable both to citizens and to the government through an established monitoring system. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 173 Box 3.3. Research capacity on public governance within in the Korean Board of Audit and Inspection In 2005, the Korean Board of Audit and Inspection (BAI) established a research arm – the Evaluation Research Institute (ERI). The BAI recognised that its external environment was changing, with an expansion of the public sector and growing use of performance management within the public administration. The establishment of the Evaluation Research Institute aimed to provide the BAI with the necessary infrastructures to support the evaluation of public sector performance using an objective methodology; and to effectively support the BAI’s new systembased audit approach. In 2008, the ERI was renamed the Audit and Inspection Research Institute (AIRI) following the revision of the Board of Audit and Inspection Act in the same year. As part of the new act, part of the BAI mandate on evaluation of the public sector was transferred to the Office of the Prime Minister. The AIRI’s duties were redefined as to carry out research and development related to financial audit, performance audit and inspection of acts related to major politices, projects and government operations. The AIRI conducts a combination of research and audit support. The institute’s research function focuses on current and emerging policy issues, current and emerging trends in the national audit system and public auditing practices and methodologies. Furthermore, the AIRI’s research function involves professional networking with domestic and international research institutes. The institute’s audit support function includes analysing changes in the BAI’s audit environment, a now essential part of BAI’s annual audit planning process; providing consultation on individual audit design and data collection and analysis; conducting in-depth case studies on major government policies and/or projects; and conducting studies to improve audit methodology and procedures. The AIRI has three main research divisions resourced with 35 staff, 19 of which have a PhD. In addition to three research divisions, there exists a Micro Analysis Project (MAP), which focuses on developing and promulgating the computer assisted audit techniques (CAAT). Organigramme of the Audit and Inspection Research Institute President Research Managing Director Research Managing Director Research Managing Director Research Managing Director -- Finance, economy and financial markets -- Government accounting and financial audit -- Major government policies and projects -- Performance audit policies, changes in external environmental and impact on the BAI’s audit directions -- Measuring and qualifying the BAI’s audit performance -- Audit methods in the areas of construction, environment, social welfare etc. -- Audit and inspection theory, practices and national audit system -- Public audit standards and evaluation of audit result Total staff: 10 PhD: 7 Supporting staff: 1 Total staff: 9 PhD: 7 Supporting staff: 1 Total staff: 8 PhD: 5 Supporting staff: 0 Planning and Administration Division Total staff: 8 Source: Korean Board of Audit and Inspection, Audit and Inspection Research Institute. In addition, the CGR could draw upon the results of various horizon scanning activities. Horizon scanning is a policy tool that systematically gathers a broad range of CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 174 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL information about trends and emerging issues in the political, economic, social, technological or ecological environment. Horizon scanning is synonymous for a variety of so-called foresight activities that aim to develop the capabilities of organisations to deal better with an uncertain and complex future. Governments in many OECD countries conduct and commission horizon scanning activities related to the future of government, public finances and individual sectors such as public health (Habegger, 2009). The government of Chile is beginning to invest in capacity for horizon scanning (OECD, 2011b). Currently, the National Statistical Institute (INE) collects and consolidates statistical data and projections on Chile’s population, education, health and other social issues. For example, this information can support the CGR to understand shifting demographic trends at a national and provincial level (Figure 3.1). This information can be used to understand changing demands and pressures on public service delivery. Chile’s 2012 Budget Law establishes provisions for the government to include information on long-term fiscal projections on pension expenditure in the “Public Finances Report”. Efforts are also being made to prepare separate long-term fiscal projections on health and education expenditure in future years. Long-term fiscal projections are a common instrument used by governments to provide information on the allocation of public finances in different sectors using various policy, demographic and economic assumptions (Anderson and Sheppard, 2009). The CGR could also tap into a broad range of knowledge bases and sources of information about trends and emerging issues that could affect the government in Chile. This includes political knowledge such as the experience, analysis and judgement of political parties; research and technical knowledge produced by universities, research and technical institutions; professional and practical knowledge produced by professional and managerial communities; citizen knowledge obtained through engaging with citizens, businesses and civil society organisations (CSOs); and the public administration is responsible for providing its own impartial advice to government, but it also has a duty to provide analysis of the information collected from the various areas of the evidence base. Figure 3.1. Demographic projections for Chile 0-14 15-29 30-44 45-59 60 + 100% 80% 60% 40% 20% 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 0% Source: Instituto Nacional de Estadísticas, Departamento de Demografía, Programa de Proyecciones de la Población. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 175 Box 3.4. Long-term fiscal projections as a source of information for supreme audit institutions Fiscal projections provide a means to assess fiscal sustainability based on assumptions of current policies, stable taxes, and other key demographic and micro- and macroeconomic parameters. Fiscal projections offer invaluable signposts to help current governments to respond to known fiscal pressures and risks in a gradual manner, earlier rather than later, and help future governments avoid being forced to adopt sudden policy changes. In doing so, they can also help future governments to position themselves better to manage unforeseen or less predictable fiscal pressures. The OECD “Best Practices for Budget Transparency” (2002) recommend that fiscal projections should cover between 10 and 40 years and be prepared or updated at least every 5 years or when major changes are made in revenue and expenditure programmes. In addition, all key assumptions underlying the long-term fiscal projections should be made explicit, together with a range of plausible scenarios. Governments should publish periodic reports on long-term public finances, and the focus of these projections should be on more than just demographic changes. For supreme audit institutions (SAIs), long-term fiscal projections can provide information on the future direction of government spending. Although there is little evidence of SAIs using long-term fiscal projections, their practical application becomes apparent when reviewing what information they provide. Australia is one country that has given consideration to the issue of long-term fiscal sustainability – though the projections are not directly used by the Australian National Audit Office. Projections of government spending per capita, the primary balance (the difference between revenues and expenditures, not including interest payments on debt) and net government debt are prepared by the Treasurer and presented to the House of Representatives in the Intergenerational Report (IGR). These data are complemented by a measure of the fiscal gap at the end of the projection period. Projections span 40 years and are updated at least every 5 years as required under the Charter of Budget Honesty Act 1998. However, the government has recently agreed to produce the IGR more frequently, updating projections every three years. Three projections have been prepared to date, in 2002/03 (Intergenerational Report 1), 2007/08 (Intergenerational Report 2) and 2010 (Intergenerational Report 3). The fourth report is anticipated to be released in 2013/14. The report analyses the sensitivity of specific projected expenditure categories – but not the projected primary balance, projected net debt or adjusted primary balance – to different Treasury demographic and macroeconomic assumptions. Policy options are also presented for gradual reductions in government spending. The report presents the methodology and key assumptions behind the projections and the sensitivity analysis, which are substantiated by textual discussion. The Commonwealth government considers the intergenerational reports to have been influential in framing public debate on economic policy and focusing attention on the long-term consequences of current policies. The reports are widely used by the executive, ministers and Cabinet to inform debates on a range of public policy areas including health, education, family benefits, welfare, superannuation and pensions. Moreover, in addition to the work of the Treasury’s Budget Policy Division to prepare the Intergenerational Report, issues of fiscal sustainability are now considered by a number of other units within the Treasury and the Department of Finance and Deregulation. The reports have also generated changes to regular budget practices and procedures. Long-term fiscal projections have been embedded into the annual budget document through the inclusion of a 15-20-year (extended medium-term) projection of the underlying cash balance as part of the medium-term fiscal outlook for the federal budget. Source: Anderson, B. and J. Sheppard (2009), “Fiscal futures, institutional budget reforms and their effects: What can be learned?”, OECD Journal on Budgeting, Vol. 2009/3, OECD Publishing, Paris, http://dx.doi.org/10.1787/budget-9-5kmh6dnl056g; Commonwealth of Australia (2010), Australia to 2050: Future Challenges, Commonwealth of Australia, Canberra. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 176 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Develop awareness and understanding of similarities and trends in other countries as a basis for engaging SAIs in a discussion of governance challenges In addition to using the results of horizon scanning activities, the CGR could also seek to understand how the government of Chile compares with other countries and international norms. For example, overall the Chilean performance budgeting framework is advanced and is grappling with issues other best practice OECD countries have not yet found clear solutions to. The government of Chile’s systems for the development and use of performance information in the budget process is high relative to OECD countries and the central government has established general guidelines and definitions for the performance budgeting process, standard templates for reporting performance information, a standard set of performance indicators and standardised ICT tools for entering and reporting performance information (Table 3.5). At the same time, Chile has a relatively more centralised system for human resource management, similar to Korea, Chile and Mexico (Figure 3.2). Table 3.5. Key elements of standard performance budgeting frameworks in central government in Chile and selected countries (2012) Country General guidelines and definitions for the performance budgeting process Standard template(s) for reporting performance information back to the CBA Standard performance rating system Standard set of performance indicators and/or targets Standard ICT tool/application for entering and reporting performance information to the CBA Australia x x x x x Belgium x x x x x Chile Denmark Italy Korea Mexico Portugal x x x x x Spain Total yes 5 5 2 3 6 Notes: ● = Yes; o = No; x = Not applicable; .. = Missing data Source: Adapted from OECD (2012), “Budgeting levers, strategic agility and the use of performance budgeting in 2011/12”, GOV/PGC/SBO (2012)10, OECD, Paris. Moreover, the CGR could also consider how decision-making practices may change if the government of Chile converges with international norms. For example, the government of Chile is developing initiatives and policies to improve the quality of regulatory management and performance, albeit from a low base. Over time, it could be anticipated that the use of formal and open consultation and regulatory impact assessments will assist in improving regulatory quality and performance (Figures 3.4 and 3.5). The CGR could also explore how SAIs provide independent oversight of regulatory policy and management in countries with more advanced systems. As discussed in Chapter 1, a number of SAIs in these countries audit the use of formal and open consultation and regulatory impact assessments. The issue of regulatory policy is particularly significant given the CGR’s focus on the integrity of administrative decision making in its audit activities. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 177 Figure 3.2. Delegation of human resource management practices in central government in Chile and selected countries (2010) 1 0.8 0.6 0.4 0.2 0 Australia Portugal Denmark OECD33 Italy Korea Chile Spain Mexico Israel Brazil Notes: The figure shows the extent of delegation of human resource management practices to line ministries in central government. The figure reflects the existence of a central HRM body and the role of line ministries in determining the number and type of posts within organisations; allocation of the budget envelope between payroll and other expenses; staff compensation levels; position classification, recruitment and dismissals; and conditions of employment. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. No data for Costa Rica and Peru. Source: OECD (2011), Government at a Glance 2011, OECD Publishing, http://dx.doi.org/10.1787/gov_glance-2011-en, based on the OECD 2010 Strategic HRM Survey. Paris, Moreover, such knowledge could bring new opportunities for dialogue between the CGR and other SAIs on how to provide effective oversight given the characteristics of their institutions and systems. The CGR is active in INTOSAI (International Organisation of Supreme Audit Institutions) bodies aimed to facilitate knowledge sharing rather than those networks involved in professional audit standards (Annex 3.A1). The CGR actively contributes to enhance knowledge sharing among SAIs in Latin America through the OLACEFS (Latin American Organisation of Supreme Audit Institution) (Llanos, 2002; see Annex 3.A1). The CGR is also active in following the development of accounting standards, due to its role in setting public sector accounting standards in Chile (Chapter 1). Figure 3.3. Formal and open consultation processes in regulatory decision making in Chile and selected countries (2009) Primary laws Regulations 1.0 0.8 0.6 0.4 0.2 0.0 European Australia Union Korea Denmark OECD30 Mexico Spain Portugal South Africa Italy Israel Brazil Chile Note: The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. No data for Costa Rica and Peru. Source: Adapted from Jacobzone, S., C. Choi and C. Miguet (2007), “Indicators of regulatory management systems”, OECD Working Papers on Public Governance, No. 4, OECD Publishing, Paris, http://dx.doi.org/10.1787/112082475604. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 178 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Figure 3.4. Overall regulatory impact assessment processes in Chile and selected countries (2009) 1 0.8 0.6 0.4 0.2 0 Australia Denmark Mexico Korea European Union Italy OECD30 Spain Portugal n.a. n.a. n.a. n.a. Brazil Chile Israel South Africa Note: n.a. = Not available. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. No data for Costa Rica and Peru. Source: Adapted from Jacobzone, S., C. Choi and C. Miguet (2007), “Indicators of regulatory management systems”, OECD Working Papers on Public Governance, No. 4, OECD Publishing, Paris, http://dx.doi.org/10.1787/112082475604. Enhancing operational agility in order to effectively respond to emerging issues and expectations Fostering operational agility is key to ensuring that the CGR can effectively respond to emerging governance issues and changing civic expectations. Operational agility involves the ability to make the most of existing resources, including moving and reallocating resources to better support existing priorities and to respond to new and emerging priorities. At the same time, operational agility requires coherent adaptability, so as to ensure that redeployment of resources and priorities does not generate internal vacuums, risks or inconsistencies in the light of the different functions performed by the organisation. Operational agility is a product of SAI independence – specifically administrative dimensions – and its human resource management practices. For SAIs, human resources are a key asset noting that audit assignments are knowledge intensive and dependent on professional judgement. A core part of managing a modern SAI is ensuring that the organisation is able to attract, retain and motivate the right number of staff, with the right skills and experiences. SAI independence underpins its ability to accomplish its tasks objectively and effectively. Independence is broadly comprised of organisational, functional and administrative dimensions, of which administrative dimensions are particularly critical for operational agility. This section focuses on administrative independence and its role in supporting agility. Administrative independence requires that SAIs be provided with adequate means to fulfil their mandate and accomplish their assignments, using their resources as they see fit. Organisational independence is closely associated with the SAI’s leadership, the conditions for its appointment, removal and retirement, the guarantee of a long and fixed term, as well as its immunity from prosecution arising from the routine discharge of SAI duties. Functional independence requires that SAIs have a sufficiently broad mandate and full discretion in the discharge of its assignments, including the freedom to plan audit work and report on the findings, unrestricted access to information CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 179 and powers of investigation, as well as authority to follow up on audit findings (INTOSAI, 1977; 2010a). Human resource management offers some of the key instruments to ensure operational agility within SAIs. It provides a framework for SAIs to identify, acquire and develop the competencies they need now and in the future; to allocate resources to address emerging challenges and demands; and to align individual performance with the institution’s strategic objectives. Successful management of human resources requires strategic workforce planning, attention to workforce competencies and the use of traditional human resource management tools such as recruitment, compensation and staff development. SAIs are dependent on highly skilled staff with professional experience and high standards of integrity (INTOSAI, 1977). To support this, SAIs need to maintain and develop skills and competencies to perform the work in order to achieve their mission (INTOSAI, 2010a) and establish effective policies and procedures to do so (INTOSAI, 2010b). However, to be effective, it is essential to align workforce management with the strategic goals of the SAI. The CGR has a high level of administrative independence to (re-)allocate resources in line with the institution’s changing needs. The CGR has significant authority over its organisational design and delegation of functions and powers, its human resource management and budgetary resources. During recent years, the CGR has taken a number of actions to reorganise its institution and restructure its workforce as part of its institutional renewal. However, the CGR falls under the same human resource management legal framework and practices as the public administration, which can restrict its operational agility. The CGR is commonly recognised as an attractive institution to work in owing to its opportunities for continuous professional development and high remuneration relative to the public administration (e.g. World Bank/ Inter-American Development Bank, 2005; OAS, 2007). The CGR’s human resource management practices are founded on the principles of merit and impartiality in recruitment, promotion and performance management, and recent reforms have sought to reinforce these principles. In order to enhance operational agility to emerging governance issues and changing societal expectations, the CGR could consider: introducing multi-year workforce planning to strengthen and complement recent institutional reforms to restructure the workforce establishing a competency framework for all officials in order to support the achievement of institutional goals utilising traditional human resource management practices to support the development of competencies and encourage internal horizontal co-operation aligning performance assessment at all levels within the institution to the goals contained in the strategic and human resource plans. The Comptroller General has significant administrative independence to reallocate resources in line with the institution’s changing needs The CGR Organic Law gives the Comptroller General authority to close, merge or create divisions/units, establishing to whom officials report and assigning to them assignments and powers, as guaranteed by the CGR Organic Law. This includes establishing regional offices and assigning powers and assignments to these offices in CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 180 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL order to facilitate the effective delivery of their functions and assignments in an efficient manner. The Comptroller General is also responsible for allocating personnel among the CGR divisions and offices and for appointing officials who serve as division heads, regional comptrollers and prosecutors (Law 10 336, Art. 51). The CGR Organic Law, however, requires that officials remain in these regional offices for a minimum of four years, except for service needs or reasons of force majeure (Law 10 336, Art. 24). The CGR reports to the National Congress annually, and to the public, on the use of these resources, as required by the CGR Organic Law. The main criteria used to define the CGR’s organisational structure is its functions, similar to the SAI of Costa Rica. Other approaches include aligning organisational structure to audited entities, or, as in the case of Brazil, to government functions (Table 3.6). Table 3.6. Main criterion used to define the organisational structure of supreme audit institutions in Chile and selected countries Audit assignments/functions Australia, Portugal, Chile, Costa Rica Audited entities Other Denmark, Israel, Italy, Korea, South Africa, Spain Brazil, European Court of Auditors Notes: Brazil: The Federal Court of Accounts’ structure was changed in 2013 in order to promote a focus on government functions (e.g. national defense and public security, health, education, social welfare) and whole-of-government management issues (e.g. privatisation, state personal management, public procurement). Costa Rica: Four divisions depend on the Comptroller General: the Control Division (which is organised by area of oversight and type of audit); Administrative Contracting Division, Legal Division and Management Support Division. Denmark: As of January 2013, the National Audit Office of Denmark rearranged the entire organisation. European Court of Auditors: By income and spending areas. Portugal: The Court of Accounts is organised according to functions (i.e. ex ante and ex post audits and judicial functions). Spain: Although the first method of organising the SAI is along the division of public sector levels (state, autonomous communities and municipalities) there are several departments in charge of the Spanish state public sector which have assignments in line with government functions. This second method is to account for the extension and variety of the Spanish state public sector, and allows auditors to be more specialised and experienced in the field they audit. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q 4. In recent years, the CGR has reorganised a number of its central divisions and standardised the structure of its 14 regional offices to increase the performance, efficiency and timeliness of its functions. The Comptroller General has restructured the Infrastructure and Regulation Division (2007); Accounting Analysis Division (2011); State Personnel Management Division (May 2012, formally the Registration and Toma de Razón Division); and Administrative Audit Division (January 2013). The restructuring has followed recent internal reforms to standardise and automate internal working procedures and the introduction of “management by results”. For example, the restructuring of the State Personnel Management Division followed the automation of the registration and toma de razón (i.e. ex ante control of legality) of state personnel management decisions as a consequence of the SIAPER system (discussed in more depth in Chapter 2). The restructuring of the Administrative Audit Division followed the redesign of annual audit programming and the implementation of new practices for audit field work and follow up (discussed in more depth in Chapter 5). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 181 However, concern has been expressed that the CGR’s divisions do not support one another in the execution of their functions, and that they work independently of one another. Furthermore, and as discussed in Chapter 2, the CGR’s functions can be expected to change over time. For example, automation of the CGR’s ex ante control of legality assignments will place greater emphasis on ex post audit assignments. This would likely have an impact on the functions of the different divisions and may generate new opportunities for horizontal collaboration. In parallel, growing decentralisation in Chile could see a decline in the relative role of the Municipalities Division vis-a-vis other divisions involved in ex post audit assignments and the regional offices. Figure 3.5. Organisation chart of the Office of the Comptroller General of the Republic of Chile Comptroller General Cabinet - Access to Information Unit - Internal Audit Unit - Communications & PP.RR department - Secretariat of External Control Units - National Co-ordination Unit for Follow-Up ICT Centre Deputy Comptroller General International relations and co-operation Court of Accounts Divisions Accounting Analysis Legal Administrative Audit State Personnel Management Infrastructure and Regulation Valparaíso Bio Bío Legal Co-ordination and Information Municipalities Prosecutor General Secretariat Regional comptrollers Tarapacá Arica y Parincota Atacama Antofagasto Coquimbo Libertador General Bernardo O´Higgins Los Ríos Maule Aysén del General Carlos Ibañez del Campo La Araucanía Magallanes y Antártica Chilena Los Lagos Source: Office of the Comptroller General of the Republic. In response to these challenges, several options exist for the CGR to reorganise itself: along audit assignments, audited entities and government functions. Organising by audit assignments allows the SAI of Australia to account for the different requirements of undertaking performance audits and financial statement audits. These audit assignments require staff with differing skill sets and qualifications, utilise different methodologies and documentation technologies, and operate on different audit cycles. The SAI of Denmark underwent a major organisational restructuring in early 2013, transitioning from an organisation along audit assignments to one along audited entities. The experience has provided the SAI of Denmark with a better basis for selecting audits on the basis of CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 182 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL materiality and risk, and has been received positively by both audited entities and SAI employees. Organising along government functions, as in the case of the SAI of Brazil and the European Court of Auditors, can help to address sectoral and other cross-cutting challenges (Box 3.5). Organising along government functions could be particularly relevant as the government of Chile seeks to become more agile and adopt a whole-of-government perspective. Box 3.5. Reorganisation of the supreme audit institution of Brazil In 2012, the supreme audit institution of Brazil, the Federal Court of Accounts, reorganised audit units to enhance co-ordination between units and to focus each unit on public governance. Prior to the reorganisation the Federal Court of Accounts had three types of secretariats of external control: typical, specialised and state. Eight typical secretariats were each responsible for a group of federal ministries and the public sector entities (e.g. agencies and foundations) below these ministries’ responsibility. Eleven specialised secretariats were each responsible for subjects that span across the federal government, such as ICT, public works and deregulation. Twenty-six state secretariats – one for each of Brazil’s 26 states – were responsible for control and oversight of federal programmes at a sub-national level; each is located in the locality for which it is responsible. These were co-ordinated by the General Secretariat for External Control. Following the change the Federal Court of Accounts established four co-ordination secretariats for external control. Moreover, each seceretariat was branded with a specific government function. Previously they were named by number only. General Co-ordination for Essential Public Services and Centre-West and South Regions National Defence and Public Safety (Secretaria de Controle Externo da Defesa Nacional e da Segurança Pública) State Management (Secretaria de Controle Externo da Administração do Estado) Personnel (Secretaria de Fiscalização de Pessoal) Information Technology (Secretaria de Tecnologia da Informação) Procurement (Secretaria de Controle Externo de Aquisições Logísticas) State secretariats in Brazil’s centre-west and south region (six in total). General Co-ordination for Social Policies and Northeast Region Education, Culture and Sports (Secretaria de Controle Externo da Educação, da Cultura e do Desporto) Social Security, Labour and Social Assistance (Secretaria de Controle Externo da Previdência, do Trabalho e da Assistência Social) Health (Secretaria de Controle Externo da Saúde) State secretariats in Brazil’s northeast region (nine in total). General Co-ordination for Infrastructure and Southeast Region Public Works – Airports and Buildings (Secretaria de Fiscalização de Obras Aeroportuárias e de Edificação) Public Works – Roads (Secretaria de Fiscalização de Obras Rodoviárias) CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 183 Box 3.5. Reorganisation of the supreme audit institution of Brazil (cont.) Public Works – Energy and Sanitation (Secretaria de Fiscalização de Obras de Energia e Saneamento) Public Works – Ports, Hydric and Railways (Secretaria de Fiscalização de Obras Portuárias, Hídricas e Ferroviárias) Regulation – Transport Regulation – Energy and Communication State secretariats in Brazil’s southeast region (four in total). General Co-ordination for National Development and North Region Economic Development (Secretaria Desenvolvimento Econômico) de Controle Externo do Environment and Agriculture (Secretaria de Controle Externo da Agricultura e do Meio Ambiente) National Treasury (Secretaria de Controle Externo da Fazenda Nacional) Government Macro Assessment (Secretaria de Macroavaliação Governamental) State secretariats in Brazil’s north region (seven in total). Source: Adapted from OECD (2013), Brazil’s Supreme Audit Institution: The Audit of the Consolidated Year-End Government Report, OECD Public Governance Reviews, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264188112-en. The Comptroller General is free to appoint officials within the institution’s budgetary framework approved by the National Congress, including mobilising short-term expertise through honoraria and other service contracts. CGR officials are appointed, promoted and removed at the pleasure of the Comptroller General (exclusiva confianza del Contralor), with complete independence from any other public authority (Law 10 336, Art. 3). Over the past five years the CGR staffing has increased from 1 600 to 1 900 (Figure 3.6). Moreover, the CGR General Secretariat is responsible for implementing the Comptroller General’s human resource management policies. The CGR has limited interaction with the central government’s human resource management body, the National Civil Service Directorate (Dirección Nacional del Servicio Civil, DNSC). The CGR does not discuss, formally or informally, good practices and emerging trends in human resource management with the DNSC. However, the CGR could benefit from engaging with the DNSC to learn of good practices and emerging trends in human resource management within the public administration as input into its own institutional reforms. The CGR workforce has been significantly restructured during the past six years in order to support institutional renewal, made possible because of the institution’s administrative independence. Between 2007 and 2012, the number of CGR officials 56 years of age and over decreased from 31% to 16% and the number of officials that were 35 years of age and under increased from 20% to 41%. These actions have reduced the average age of CGR officials from 53 in 2007 to 40.7 in 2012 (Figure 3.7). Although restructuring has resulted in a temporary reduction in the share of CGR officials with CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 184 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL professional qualifications, it has resulted in a greater range of professional backgrounds. The share of CGR officials with backgrounds in accountancy and law has decreased from 61% as a share of total officials with professional qualifications in 2007 to 53% in 2012. The share of CGR officials with a background in public and business administration as well as engineering and architecture has increased from 23% as a share of total officials with professional qualifications to 36% during the same period (Figure 3.8). Overall, these changes have facilitated the introduction of new management methods as well as the increase of the overall personnel budget available, resulting in an increase of the workforce. Figure 3.6. Office of the Comptroller General of the Republic total staffing As of 31 December each year 2 000 1 900 1 800 1 700 1 600 1 500 1 400 2007 2008 2009 2010 2011 2012 Source: Adapted from CGR (2008, 2009, 2010b, 2011, 2012b, 2013b), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. Figure 3.7. Office of the Comptroller General of the Republic workforce restructuring A. Age distribution, as of 31 December each year 66 or over 56 - 65 46 - 55 36 - 45 25 - 35 Less than 25 100% 80% 60% 40% 20% 0% 2007 2008 2009 2010 2011 2012 B. Average age, as of 31 December each year 55 50 45 40 35 Jun-07 Dec-07 Jun-08 Dec-08 Jun-09 Dec-09 Jun-10 Dec-10 Jun-11 Dec-11 Jun-12 Dec-12 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 185 Source: Adapted from CGR (2008, 2009, 2010b, 2011, 2012b, 2013b), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. Past international assessments of the CGR have, however, expressed concern over the discretion of the Comptroller General on the institution’s human resource decision making. For example, the OAS (2007) noted that consideration should be given to amending the CGR Organic Law so that not all officials are at the discretion of the Comptroller General, and to study the feasibility of establishing a career system for administrative positions. Perhaps more significant, however, is that the CGR does not have a dedicated workforce plan that can assist in multi-year planning. While it may be due to the fact that the CGR operates within an annual budget, long-term perspectives could be adopted to support decisions in the short term and the vision in the medium term. The CGR has taken initial steps in this direction, with the plan to establish an Area of Personnel Management that would assist in medium- and long-term planning. Figure 3.8. Educational backgrounds of officials of the Office of the Comptroller General of the Republic A. Share of officials with professional qualifications, as of 31 December each year With professional qualifications Without professional qualifications 100% 80% 60% 40% 20% 0% 2007 2008 2009 2010 2011 2012 B. Types of professional qualifications, as of 31 December each year Law Public and business management Engineering and architecture Accountancy Other professional 100% 80% 60% 40% 20% 0% 2007 2008 2009 2010 2011 2012 Source: Adapted from CGR (2008, 2009, 2010b, 2011, 2012b, 2013b), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. The CGR’s job categories and their accompanying levels of remuneration are regulated by the same rules as the public administration. Decree-Law 3 551/1980 establishes the employment categories, necessary qualifications and base salary both for CGR officials as well as for the rest of the public administration (Art. 12). Within this framework, CGR officials are categorised in the same group as other “oversight institutions”, including the National Competition Agency (Fiscalía Nacional Económica), CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 186 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL the National Customs Service (Servicio Nacional de Aduanas), the Labour Directorate (Dirección del Trabajo) and the Superintendent of Social Security (Superintendencia de Seguridad Social) (Decree-Law 3 551/1980, Art. 1). Law 19 187/1992 subsequently establishes a technical category of employment specifically for the CGR. Base salaries for all the public sector are adjusted annually by an act of the Congress following informal negotiations with between employee associations. In addition, CGR staff are part of a group performance incentive mechanism (Law 19 553), similar to those established for the public administration at large under the PMG. Table 3.7. Office of the Comptroller General of the Republic’s employment categories (escalafón) Category Grade Directors (directivos) 1b-12 Professional (profesionales) 4-18 Auditors (fiscalizadores) 11-17 Managers (jefaturas) 13-16 Technical (técnicos) 14-18 Administrators (administrativos) 17-24 Stewards (mayordomos) 19-20 Auxiliary (auxiliares) 20-25 Minimum qualifications General qualifications University degree The Administrative Statute states that to enter the public administration, the following requirements must be met: University degree, of at least 8 semesters i) Chilean citizenship – though, in University degree, of at least 6 semesters, and exceptional cases identified by the 1 year professional experience or a degree in authority responsible for the accounting and 5 years of work experience and appointment, contract employment training positions may be given to foreign citizens with scientific or other University degree special knowledge; ii) compliance with the Law on Recruitment and i) professional or technical degree awarded by a state higher education institution or non-university, Mobilisation, when applicable; or an equivalent institution recognised by the state iii) health compatible with and 2 years of work experience; ii) professional or performance of the position’s duties; iv) completion of basic technical degree awarded by state media education and possession of the technical-vocational education establishment, or educational level or technical or an equivalent institution recognised by the state, professional qualification required and 5 years of work experience; iii) serving as a technical staff prior to the new requirements being by law for the nature of the position in question; v) have not been introduced; or iv) media license or 8 years of equivalent CGR work experience and successfully dismissed from a public position as a result of deficient assessment or passing 70 hours of CGR training disciplinary measure, unless at Secondary degree least five years have passed since the date of termination; and vi) have not been disqualified from Completion of 8 years of basic education and 2 years work experience or completion of 6 years of holding public positions or office, and no conviction for felonies or basic education and 5 years work experience crimes (Art. 12). Completion of 6 years of basic education (see letter (d) of Art. 12 of the Administrative Regulations Source: Adapted from Decree-Law 3 551/1980 on the educational qualifications for different employment groups within the CGR; Law 19 187/1992. The Comptroller General has responsibility for preparing the CGR’s annual budget within the amounts set in the General Budget Law (Ley General de Presupuestos), as explained in detail in Chapter 2. Financial resources have included that for investment for a renovation of the CGR’s offices nationally and the procurement of new ICT systems (Figure 3.9). The CGR has much budget flexibility and receives lump sum appropriations for personnel expenditure and materials consumables and good expenditure. However, there is relatively less flexibility for investment expenditure such as vehicles, machinery and information and communications technology (ICT), similar to the SAI in Denmark (Table 3.8). The CGR is allowed to carry-over expenditures that have been committed but CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 187 not yet disbursed. It is more difficult to carry over appropriated amounts that have yet to be committed. In recent years the CGR’s levels of human and financial resourcing have increased. Figure 3.9. Office of the Comptroller General of the Republic’s budget appropriation A. Level, by expenditure category, nominal value, millions CLP Personnel expenditure, including social security Investment initiatives and acquisition of non-financial assets Consumer goods and services Other 80 000 60 000 40 000 20 000 0 2007 2008 2009 2010 2011 2012 B. Share of total, by expenditure category Personnel expenditure, including social security Investment initiatives and acquisition of non-financial assets Consumer goods and services Other 100% 80% 60% 40% 20% 0% 2007 2008 2009 2010 2011 2012 Source: Adapted from CGR (2008, 2009, 2010b, 2011, 2012b, 2013b), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. Table 3.8. Budget flexibility of supreme audit institutions in Chile and selected countries Supreme audit institution receives “lump sum” appropriations? Country Supreme audit institution may vire (i.e. reallocate) funds between expenditure categories Australia For personnel and materials only Yes, without any limit/threshold Brazil For personnel, materials and capital Not possible without legislative approval Chile For personnel and materials only .. Costa Rica .. Denmark For personnel and materials only Flexibility to allocate between operating and capital expenditure European Court of Auditors No Yes, up to certain threshold Israel For personnel, materials and capital Yes, without any limit/threshold Italy For personnel, materials and capital Yes Korea No Yes up to certain threshold Mexico .. .. Peru For capital Yes, up to certain threshold Portugal For personnel, materials and capital Yes, without any limit/threshold South Africa x .. Spain For personnel, materials and capital Yes, without any limit/threshold CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 188 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Notes: x = Not applicable; .. = Missing data. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 19 and 20. Introducing workforce planning could help to consolidate recent institutional reforms to restructure the workforce Multi-year workforce planning can help the CGR to ensure that it has adequate human capital to support the implementation of its mission, vision and strategic goals, as well as to respond to changes within the public administration. The use of multi-year workforce planning is a trend among governments in OECD countries to ensure capacity for service delivery while generating efficiency gains (Huerta Melchor, 2013). Among SAIs, a multi-year workforce has been introduced as a formal and regular instrument in Australia, Brazil, Denmark and Spain, and as an ad hoc instrument in Israel, Korea and South Africa (Table 3.9). By identifying the knowledge, skills and competencies needed, the CGR can begin to determine the gaps that other human resource management practices, such as recruitment and training, need to address. Doing so could more systematically prepare the CGR to better re-deploy resources to meet new priorities and respond to societal expectations. Strategic workforce planning can also support the CGR to focus on outcomes and results, and its effectiveness, but also its efficiency. Table 3.9. Multi-year workforce planning in supreme audit institutions in Chile and selected countries Country Australia Is forward-looking planning in place to ensure that the supreme audit institution has an adequate workforce to deliver its mission and achieve its vision? Formal and Ad hoc None regular ● Denmark European Court of Auditors Israel ● ● ● Spain 2-3 years ● ● ● x 4-5 years 2-3 years ● South Africa 4-5 years x .. 2-3 years 2-3 years ● Italy Korea Portugal 2-3 years ● Brazil Chile Costa Rica How many years are covered by the supreme audit institution’s workforce planning? 4-5 years ● 3-5 years ● What are the key aspects explicitly considered by the supreme audit institution when conducting workforce planning? People-related investment choices and associated strategies Change in audit standards, efficiency savings x Changes in institutional mandate, changes in audit standards, possible efficiency savings Efficiency savings, reorganisation Possibilities for outsourcing, efficiency savings, staffing needs and turnover Possibilities for outsourcing in the case of information and communication technology services only x Change of auditees, that is, the operation, personnel, mission, work of the auditees; change of society, public administration and people’s expectations Possibilities for outsourcing, efficiency savings (e.g. e-government) Changes in institutional mandate; changes in audit standards; possibilities for outsourcing; availability of skills Staff turnover, changes in public administration (and impact on audit work) Notes: x = Not applicable; .. = Missing data. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 189 Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 35-37. Box 3.6. Formulating a human resource strategy for a supreme audit institution What should be covered in a human resource strategy? In addition to setting out the strategic goals for human resources in a supreme audit institution (SAI), the strategy should set out the ways and means that the SAI will achieve these goals. In particular, it should cover: The numbers and types of officials required over the planning period and how these will be obtained, taking into account improvements in efficiency, natural turnover, retirements and changes in audit assignments. How the SAI will maintain and develop a dynamic workforce, including target levels of turnover to create opportunities for promotion and for integrating new officials and expertise at all levels of the organisation. How talent will be actively developed and managed, including induction training, professionalisation of officials and continuous professional education, including for corporate service and administrative support. Changes to performance management arrangements, including individual performance appraisals, managing poor performance and disciplinary systems. Introduction and regular updating of personnel or human resource manuals and other policies and procedures – including related to promotion, rotation, integrity, codes of conduct, diversity and welfare. Rewards policies – including pay and grading issues, pension and other benefits, and non-monetary rewards – including support for such initiatives as staff social committees and activities. A reference to consultative mechanisms and processes for officials for reporting on the performance of the human resource management function. Key targets and measures to assess the effectiveness of the human resource management strategy, including for example sickness/absence rates, staff turnover rates, vacancies and time taken to recruit. How can an SAI identify its current and future workforce needs? The numbers of officials being recruited, and the training and development programmes available to them, should relate to the likely demands for different competencies in future years. Attention should be given to: What extent are officials currently being used efficiently? How many staff days are being spent on different types of audits? Is the grade mix right? What is likely to be the impact on the volume of work auditors can carry out of greater professionalisation or improved ICT? How much of an auditor’s time can reasonably be spent on actual audit and how much needs to be allowed for training, leave and unplanned work? Can the organisational hierarchy be reduced – creating a flatter structure and eliminating some management posts? How many officials can a manager directly manage? CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 190 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Box 3.6. Formulating a human resource strategy for a supreme audit institution (cont.) What is the normal annual turnover of officials through retirement and staff leaving for other jobs? What allowance needs to be made for sickness and absentee rates and maternity/paternity leave? What audits does the SAI need to do annually? Are there any additional requirements emerging as a result of requests from the legislature or a desire to move into new types of audit? Are there any audits which are currently done annually which could be done less frequently without significantly increasing the financial risks? When modeling the expected demand for audit staff by grade and profession, how does this compare with existing numbers? Source: INTOSAI (2007), Building Capacity in Supreme Audit Institutions: A Guide, National Audit Office, London, http://cbc.courdescomptes.ma. Recent CGR management reforms support the introduction of workforce planning. In 2009, the CGR launched Hefestos, an ICT system that supports the collection and management of all human resource management data related to the institution’s officials (CGR, 2009). In 2011, the CGR also established management process units (unidades de gestión de procesos) and divisional and regional administrators (administradores regionales y división). Management process units are responsible for measuring, among other issues, workload within the individual divisions/regional offices. Divisional and regional administrators were established to support the management of personnel, assets and finances, including the collection and processing of information for management and the General Secretariat. Divisional and regional administrators report directly to their respective regional comptroller but their activities are guided by the CGR General Secretariat (CGR Resolution 04850/2011). A key barrier to establishing a multi-year workforce plan within the CGR is the distribution of roles and responsibilities for human resource management (HRM). Responsibility for operational planning resides with CGR division heads and regional comptrollers. The responsibility of the CGR General Secretariat, within which the institution’s HRM function is located, is to support the selection and recruitment of staff as identified by division heads and regional comptrollers to respond to their operational needs. This situation has, in the past, been the result of a silo mentality of the different offices and a lack of systematised human resources data. However, the absence of a focus on strategic workforce planning with the CGR is similar to the general situation within the Chilean public administration. The public administration workforce planning is largely confined to the annual budget process. This limits the ability to meet changing labour needs, and to detect and prepare for future changes in the organisation’s needs in relation to skills and competencies (OECD, 2009b; 2011c). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 191 Use competency management to align human resource management to support the institution’s goals and enhance responsiveness to changes within the public administration In recent years, the CGR has begun to develop job profiles to guide the work of its officials and support the development of technical skills of individuals aspiring to occupy these positions. This process to develop job profiles began in the mid-2000s but was put on hold until an internal review of the institution was undertaken following the appointment of the current Comptroller General in 2007. Within the new institutional structure and processes, the CGR has defined the profiles for specific positions, such as supervisors (supervisors), heads of legal units (jefe de unidad jurídica), heads of areas (jefe de area), management process unit supervisors and analysts (supervisor y analista UGP). However, there is an uneven number of competencies for each position and the framework has not been designed to develop movement between different positions (Annex 3.A2). The SAI of Australia has the same broad competency descriptors at each level with progressively increasing expectations aligned with higher positions and responsibility. This competency framework supports consistent recruitment procedures, targeted training sessions and structured performance assessments. When creating a model for competencies, the SAI of Brazil chose to have the same competencies for all managerial levels, aiming at promoting alignment of the leadership and management practices. Every manager, regardless of his/her level, will focus on promoting results, developing his/her team, leading by example and promoting innovation. He/she will guide their performance based on the strategic reference established by the organisation. Each one will do so within his/her scope of action, according to his/her team, unit and institution. Competency management complements job profiles and can support SAI agility by promoting internal mobility and collaboration, and overcoming the compartmentalisation of the institution. Competency management focuses on defining the abilities and behaviours officials need to do their jobs well, and using it as input into HRM practices (e.g. recruitment, training and promotion). The use of competency management in the public administration and SAIs in OECD countries has increased steadily in recent years and has been linked to demands for increased flexibility and autonomy in workforce management (Table 3.10). Competencies are broader concepts that encompass demonstrable performance outputs as well as behavioural inputs, and may relate to a system or set of minimum standards required for effective performance at work. Competencies are often defined as the combination of knowledge, skills and behaviours that result in good performance. The behavioural aspect is crucial: employers understand that, for example, strategic thinking, communication, teamwork, flexibility and interpersonal skills are closely related to employee performance. An agile SAI also requires officials capable of identifying and promoting innovative ways to maximise the use of resources and managing increased complexity and uncertainty. Developing these competencies will require a change in the culture of the SAI to become less risk averse. Training managers and employees to manage risk will facilitate this change, but governments will also have to establish explicit guidelines for staff to clarify what levels of risk are acceptable. In creating these policies, governments should recognise that some level of uncertainty will always be unavoidable. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 192 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Table 3.10. Core human resource management competencies of supreme audit institutions in Chile and selected countries Country Existence of framework Year introduced Australia Yes Brazil Yes 2005 Chile Costa Rica No Yes x 2000 Denmark European Court of Auditors No Yes x 2007-08 (major update) Top management – Respectful and productive relationships – Clear and influential communication – Personal and people development and leadership – Proactive self and project management – Rigorous analysis and sound judgement – Technical and subject matter expertise – Development of the staff – Management by results – Leadership by principles – Strategic orientation – Innovation – Result-oriented performance – Professional relationships – Learning and information x x – Interpersonal relations .. – Teamwork – Resource management – Discipline – Communication – Innovation – Leadership – Achievement – Systems thinking – Strategic vision .. .. – Analysing and problem solving – Communicating – Delivering quality and results – Learning and development: Flexibility – Prioritising and organising – Working with others – Leadership Core competencies Middle management Professionals – Result-oriented performance – Professional relationship – Learning and information x .. .. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 193 Table 3.10. Core human resource management competencies of supreme audit institutions in Chile and selected countries (cont.) Country Core competencies Middle management Existence of framework Year introduced Israel Italy Korea No No Yes x x 2005 x x – Leadership – Professionalism – Ethics x x – Managerial capability – Ethics Mexico Peru Portugal .. .. Yes .. .. 2004 .. .. – Orientation towards results – Commitment to the institution and integrity – Representation and institutional co-operation – Planning and organisation – Leadership and human resources management – Strategic vision .. .. – Orientation towards results – Commitment to the institution and integrity – Tolerance to pressure and setbacks – Specialised knowledge and experience – Decision capacity – Co-workers development and motivation South Africa Yes 2010 – Strategic thinking – Communication – Build relationships – Client service excellence – Drive performance excellence – Leadership – Teamwork and collaboration – Demonstrate initiative and innovation – Embrace change Top management CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 Professionals x x – Knowledge of law or accounts or social science – Capability of learning and using audit and inspection methodology – Diligent attitude – Ethics .. .. – Orientation towards results – Commitment to the institution and integrity – Specialised knowledge and experience – Continuous adaptation and improvement – Initiative and autonomy – Team work and co-operation – Tolerance to pressure and setbacks – Innovation and quality – Resources optimisation 194 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Table 3.10. Core human resource management competencies of supreme audit institutions in Chile and selected countries (cont.) Country Spain Existence of framework Year introduced Yes 1982 Top management – Impartiality and objectivity – Education background and permanent training update – Professional capacity – Due diligence – Professional secret – Strategic thinking – Communication skills – Leadership Core competencies Middle management – Impartiality and objectivity – Education background and permanent training update – Professional capacity – Due diligence – Professional secret – Capacity of Innovation – Human resources management skills – Leadership Professionals – Impartiality and objectivity – Education background and permanent training update – Professional capacity – Due diligence – Professional secret – Team working abilities Notes: x = Not applicable; .. = Missing data. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 34. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 195 Box 3.7. Competency management within the supreme audit institutions in Brazil, Costa Rica and the European Court of Auditors Brazil The Federal Court of Accounts does not distinguish competencies among the management positions. The difference is the expected level of complexity regarding the delivery of such competencies, depending on the level of the position. The competencies for leadership and management of all those who hold a management position are the following: Development of the staff: Provides means and urges people to develop their personal and technical competencies, integrating learning into the institutional objectives. Management by results: Ensures effective results aligned according to the Federal Court of Accounts’ (TCU) strategic orientation. Leadership by principles: Promotes a commitment environment that favours the practice of institutional values as well as engagement with the professional role. Strategic orientation: Establishes and proposes priorities aiming at contributing to the fulfilment of the court’s strategies considering the characteristics of its clients and the internal and external environments of the institution. Innovation: Identifies the need for innovation and contributes to its implementation and dissemination, investing in the evolution process of the court, in partnership with other institutions. The levels of complexity of the delivery of the aforementioned competencies are divided, in our case, in three: Strategic focus (Levels IV and V, i.e. head of department, advisory office or secretary general) manages more complex work processes or macro processes of TCU focused on the impact of the institution’s performance on society has managers under his direction: proposes guidelines for the unit that he/she manages; has autonomy to make decisions to guide management of the unit (or units) proposes changes regarding TCU’s performance or macro processes, analysed together with partner managers. Tactic focus (Level III, i.e. directors) manages semi-structured activities or work processes focused on their impact on the institution has a subordinate work team or other subordinate managers: proposes guidelines for the results of the work has autonomy to decide how to execute the activities under his/her responsibility proposes changes to the work process that are subject to superior authorisation. Operational focus (Levels I and II, i.e. head of service) manages structured and routine activities or semi-structural activities, focused on their impact on the work processes deals daily with a subordinated staff: guides the activities of the team has autonomy restricted to the organisation of the activities under his/her responsibility, which must be carried out according to the predefined procedures. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 196 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Box 3.7. Competency management within the supreme audit institutions in Brazil, Costa Rica and the European Court of Auditors (cont.) As for professional competencies, which in TCU are called “personal”, they are the following: Result-oriented performance: Produces results aligned with the strategies of TCU. Professional relationship: Creates and maintains personal and professional relationships that are corporate and positive. Learning and information: Creates and takes advantage of opportunities to continuously learn and make available information that is relevant to the work done. Costa Rica Following the modernisation process in 2000, Costa Rica introduced the idea of a competency-based approach. The Competence Management Manual was issued in 2010. The model describes ten institutional competences and expertise. The first is common to all officers in various positions, while others are specialised depending on the administrative unit. The expected proficiency for each competition varies in different career stages and is an indicator of the progress made in terms of the knowledge, skills and behaviours required to function successfully throughout their career. The level of mastery of skills is classified as: Initial: Officials show behaviour at a basic level. The competence is in its first stage of development. They have the ability to recognise and understand the processes of the institution. Intermediate: Officials show developing behaviours. They have the ability to apply knowledge by implementing processes. Advanced: Officials’ behaviour shows a higher skill level, applied knowledge with greater mastery. They have the ability to analyse and interrelated processes. Parent: Officials show the highest degree of competence and constitute a role model. They have the ability to generate value propositions using the verification processes and criticism. European Court of Auditors Analysing and problem solving: Ability to conceptualise problems, identify and implement solutions; inquiring mind; numeracy. Communicating: Capacity to communicate technical or specialised information; drafting skills; ability to chair meetings; at ease in public. Delivering quality and results: Ability to work in a proactive and autonomous way; accountability; eye for detail/accuracy. Learning and development: Flexibility (openness towards new demands, etc.). Prioritising and organising: Capacity to deliver in a structured way; co-ordination skills. Working with others: Ability to work in a team; knowledge sharing ; diplomatic skills. Leadership: Capacity to allocate tasks and organise work; capacity to plan and manage resources; ability to lead a team; supervision, monitoring and appraisal abilities; managerial communication skills; ability to create enthusiasm and passion. Source: Adapted from information from the unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013 and information received from the different SAIs. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 197 Within the public sector, competency management is often viewed as a vehicle for bringing about cultural change and injecting more flexibility, adaptability and entrepreneurship into organisations. Competency management and mobility are interdependent. SAIs can use mobility to give employees a wider, whole-of-government perspective on governance challenges and to develop competencies to respond to these. Internal mobility of SAIs’ officials is effective only when officials possess transferrable competencies that can be applied to multiple positions. Utilise traditional human resource management practices to support the development of competencies and encourage internal horizontal co-operation The CGR’s training in recent years has shifted towards a focus on certification of officials in new audit techniques – e.g. planning field work, essential tests that have to be defined in an audit, statistical sampling, execution of tests in the field, issuing of reports – and new institutional audit systems. This is in addition to a compulsory 2.5 week training for all new entrants, and 1 week of compulsory annual training in accordance with their position. A network of trainers is co-ordinated by the Training Department, with the network of trainers taught in pedagogical methodologies and topics specific to their roles. Other training is provided by public and private institutions, contracteed by the CGR (e.g. Universidad de Chile, Pontificia Universidad Católica y Pontificia Universidad Católica de Valparaíso). Much of this training is provided on the CGR’s premises (74% in 2012). It is proposed that an Annual Training Plan (Plan Anual de Capacitación) be developed in line with the strategic plan. In 2013 the Training Department began to use a Training Needs Assessment (Detección de Necesidades de Capacitación) survey to collect information on the training needs of all of the CGR’s officials. This enables the CGR’s officials to identify their individual, team and institutional needs, for technical knowledge and transferable skills. Technical needs refer to the knowledge, skills, abilities and tools to perform in the workplace, i.e. processes and functions of the profession and/or position in which the officer develops. Transversal skills refer to a set of skills, abilities and tools that allow the official and his team develop and implement related skills and interpersonal relations, e.g. effective communication, supervision, negotiation, leadership. Previously, division heads/regional comptrollers played a key role in defining training needs together with the Training Department. The process was conducted through meetings with division heads/regional comptrollers and management process units. Specific attention is necessary to ensure that training is linked to the development of competencies with the CGR. This is not to say that recent training initiatives should be eliminated, as certification of audit officials in technical skills and the use of ICT are indispensable. However, learning and development of a range of competencies is critical to ensure adaptability, problem solving and innovation within the CGR. It is also necessary to ensure that officials’ identification of training needs does not result in a strong bias for technical skills and crowd out training in behavioural competencies. Biannual individual performance evaluation for all officials, except the Comptroller General and the Deputy Comptroller General, is mandated by the CGR Organic Law (Law 10 336, Art. 48). The CGR’s internal regulations subsequently establish the criteria for assessing an individual’s performance. The assessment focuses on the completion of tasks as well as other qualitative factors and is the same for all officials (Table 3.11). The final evaluation is the result of the weighted average of the criteria. Officials are CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 198 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL subsequently categorised into one of four groups based on their evaluation: merit (group 1), good (group 2), regular (group 3) and elimination (group 4). In 2007, the CGR introduced a quota system for its performance evaluation, though there is no requirement to do so under law. Previously, there was a tendency that most officials obtained the highest performance evaluation. Today, only a low proportion of officials obtain the highest performance category, most receive the middle. Table 3.11. Office of the Comptroller General of the Republic’s criteria for evaluating an official’s performance Primary factor (50%) – Quality of work – Criteria – Workload – Discretion – Loyalty – Xritical skills for the function Secondary factor (30%) – Dedication – Initiative and collaboration – Preparation and knowledge – Formal quality – Obedience Tertiary factor (20%) – Official and social behaviour – Attendance and permanence – Punctuality – Compliance with financial obligations Source: Office of the Comptroller General of the Republic. In addition to pay and the work environment, the CGR could also give attention to learning and development to develop competencies that can support career advancement. The CGR is exploring how to develop a more structured approach to, and understanding of, rewards to enhance its ability to attract and retain officials. Previously the CGR’s well-being programme provided benefits that were separate from the working environment, such as recreation, loans and health bonuses. Moreover, the department has social workers that can support officials in personal issues, such as illness, depression, etc. However, these benefits and services are not of the interest of the CGR’s younger officials and many are not associated with the voluntary CGR well-being activities. Rather, younger officials obtain benefits from the market, e.g. accessing loans from banks and credit associations, as salaries are high relative to other institutions. The CGR proposes two main changes: i) designing a well-being programme that supports a better working life; ii) designing a well-being programme that covers all CGR personnel segments. The new well-being programme and institutional structure for the Welfare Department was anticipated for June 2013. Align performance assessment at all levels within the institution to the goals contained within the strategic and human resource plans Encouraging agility in the workforce requires developing the right incentives, both through individual performance management systems and compensation. There are three components to the current CGR performance evaluation system: i) performance of individual officials (discussed in the previous secton); ii) achievement of divisional and regional office’s goals; and iii) achievement of performance agreements by division heads and regional comptrollers. Team performance-related pay is tied to the achievement of a division’s/regional office’s annual objectives. Each year the Comptroller General defines objectives for each division and regional officers which is formalised through a resolution. Upon completion of these goals, officials receive a bonus in the subsequent year to which the goals were determined. These bonuses represent approximately 10% of annual base salary pay for CGR officials. There is no individual performance-related pay. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 199 More recently, the CGR is also exploring how to develop a more structured approach to, and understanding of, rewards to enhance its ability to attract and retain officials. Divisional and regional office’s goals are set annually, though somewhat separate from the budget process. These goals are formulated in September-October and completed before the end of the year. In contrast, the CGR’s budget formulation begins in April each year and is largely concluded in September with the CGR budget being submitted to the National Congress as part of the central government’s budget. This disconnect means that performance goals are formulated separately from the budget, causing disincentives to formulate more ambitious goals because additional resources will not be made available. Indeed, CGR divisions and regional offices rarely fail to achieve their performance goals and receive their team bonus. In 2012, the CGR achieved, on average, 107% of its institutional goals with all but one unit achieving more than 100% of their respective goals; the other achieved 96% (CGR, 2013b). In 2011, the CGR achieved, on average, 115% of its institutional goals. The disconnect between performance setting and the budget process is despite the conclusions of an independent evaluation of the previous year’s performance by the CGR’s internal audit unit available in March-April of each year (CGR, 2012b). In addition to performance goals, the CGR established performance agreements between the Comptroller General and individual division heads and regional comptrollers in 2011 to further improve the management of the institution. Delivery of the performance agreement results in the heads of divisions and regional comptrollers being allowed to take on more responsibilities. If the delivery of the performance agreement is not satisfactory, it can reflect bad management and is taken into account when evaluating the performance of the heads of divisions/regional comptrollers. Conclusions Chile’s public sector and its governance arrangements have undergone significant changes during the past two decades. Government efforts to increase strategic agility in order to support sustainable and inclusive development and to effectively respond to emerging policy challenges will place new demands on, and create opportunities for, the CGR. In effectively responding to these demands and opportunities, the CGR will need to invest in becoming more strategically sensitive to emerging trends and risks affecting public governance and changing societal expectations. The CGR will also need to capitalise on its independence – especially its administrative independence – to build a workforce with the necessary skills and competencies to effectively respond to emerging governance issues and changing societal expectations. Redesigning the CGR’s portfolio also necessitates new skills and competencies that may not exist at present. Table 3.12 provides a summary of the recommendations made in this chapter. However, in order to materialise the value and benefit of its activities, the CGR also needs to change the way in which it engages with its stakeholders, in order to position itself as a thought leader and not simply an inspection service and to build confidence its work. It also needs to be effective at engaging with the legislature to ensure awareness, understanding and use of the CGR’s work, and with central executive authorities to improve public management maturity models and governance arrangements. This is discussed in Chapter 4. In parallel, the CGR will need to invest in improving the prioritisation and ensuring the quality of its audit engagements to ensure relevance and confidence in its work. This is discussed in Chapter 5. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 200 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Table 3.12. Preliminary recommendations matrix: Fostering strategic agility in the supreme audit institution Preliminary recommendation Response to challenge/weaknesses Expected impact of recommendation Foster strategic sensitivity of emerging trends and risks affecting public governance and changing societal expectations as input into the CGR’s strategic planning and institutional modernisation, including: – explore current trends and risks affecting public governance, utilising information and data generated through its own audit planning implementation and follow up – build awareness and understanding of future plans for the modernisation of government in Chile drawing on open horizon scanning activities – develop awareness and understanding of trends in other countries as a basis for anticipating possible change in Chile and discussing possible responses to these changes with other SAIs – establish capabilities and processes to continuously collect external data and information and to collate it with CGR sources to enable discussions internally on trends affecting public governance and changing citizens’ expectations. In preparation of the CGR’s strategic planning, draw upon the institution’s knowledge of current governance challenges and risks facing the government, and the institution’s existing capability in order to effectively address these risks. In preparation of the CGR’s strategic planning, draw upon an awareness and understanding of future plans for the modernisation of government in Chile, as a basis for exploring what capabilities need to be developed in order to effectively address these risks. Leverage the CGR’s strategic planning as an opportunity to develop an awareness and understanding of trends in other countries, as well as similarities and differences between the government of Chile and governments in these other countries, as a basis for anticipating possible change in Chile. Strategic sensitivity to emerging trends and risks affecting public governance and evolving societal expectations can support the CGR to become a thought leader on good public governance. Strategic sensitivity can help the CGR to provide not only effective oversight but to provide valuable counsel and foresight of these trends and risks affecting public governance to those charged with governance. The CGR’s awareness and understanding of current governance challenges and risks facing the government, as well as future plans for the modernisation of government, can enable the institution to adapt to changing circumstances, rebalancing and adjusting its functions and workforce internally. A more nuanced awareness and understanding of similarities and differences between the government of Chile and governments in other countries can support more targeted dialogue with other SAIs on good public governance and risks affecting public integrity – as well as dialogue on different audit methods and criteria for examining government. Develop operational agility by using strategic human resource management in order to effectively respond to emerging governance issues and changing societal expectations, including: – introduce multi-year workforce planning to consolidate recent workforce restructuring and align workforce skills and competencies with current and future needs of the institution – use competency management to align human resource management to support the institution’s goals and enhance responsiveness to changes within the public administration – utilise traditional human resource management practices (e.g. recruitment, training and promotion) to support the development of competencies and encourage internal horizontal co-operation – align performance assessment at all levels within the institution to the goals contained in the strategic and human resource plans – consolidate human resource management practices across the institution and ensure greater complementarities between recruitment, development and rewards. Ensure that further CGR workforce restructuring is aligned with a medium- to long-term workforce plan in order to ensure sustainability of the reforms. Expand focus beyond defining job descriptions to the competencies it wishes its officials to develop. Encourage the development of competencies than can foster greater internal horizontal co-operation across its various central units and regional offices. The CGR’s recruitment and training decisions are largely decentralised within each of its central units and regional offices preventing the creation and effective implementation of an institution-wide workforce plan that supports integrated planning, recruitment, development and renewal, aligning the CGR’s goals, resources and results. The CGR’s human resources management practices are fragmented across different units – training and development, timekeeping and financial rewards, and well-being – within the General Secretariat without adequate co-ordination between them. Multi-year workforce planning can help the CGR to ensure that it has adequate human capital to support the implementation of its mission, vision and strategic goals, as well as to respond to changes within the public administration. Competency management can support the CGR’s agility by promoting internal mobility and collaboration, and overcoming compartmentalisation of the institution. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 Financial Audit Subcommittee Compliance Audit Subcommittee Performance Audit Subcommittee Internal Control Subcommittee Accounting and Reporting Subcommittee Capacity Building Committee Sub-Committee 1: Promote increased capacity building activities among INTOSAI members Sub-Committee 2: Develop advisory and consultant services Sub-Committee 3: Promote best practices and quality assurance through voluntary peer reviews Committee on Knowledge Sharing and Knowledge Services Working Group on Public Debt Working Group on IT Audit Working Group on Environmental Auditing Working Group on Programme Evaluation Working Group on Key National Indicators Working Group on Value and Benefits of SAIs Working Group on Financial Modernisation on Regulatory Reform of Financial Markets and Institutions Goal 1: Professional Standards Goal 2 : Capacity Building ● ● ● ● ●● o o o o ● o ● o o ● o o o o o o ● o o ● ● ●● o o ● o ● ● o o o o o o o o o o o ● o o o o o o o o o o o o o o o ● ● ● ● ● o ● ● o o ● ● o ● o ● ● ● ● o o o ● o o o o ● o o o o o o o o o o o ● O o o o o o o ● o o ● ● ● ● ● ● o o ● o o ● ● o o o o o ●● o o ● o ● ● ● ● ● ● ● o o o o o o o o o o o ● o o ● o o o ● ● o o ● o o o o ● o o ● o o o o ● o o ● o o o o o o o ● ● o ● o o ● o o o o ● ● o o o o ● o ● ● o o o o ● o o o o ●● o o o o o o o o o o o ● ● ● ● ● ● ● ● o o ● ●● o ● o o ● o ● o ● o ● o o o ● ● ● o ● o o o ● ● o o o o o o o ● ● o o o o o ● o ● o ● o ● ● o ● o o o o ● o o ● ● o ●● o o ● ● ● o o o ● Source: Based on INTOSAI website, www.intosai.org. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 Working Group on the Fight Against Corruption and Money Laundering Working Group on Accountability for and Audit of Disaster-related aid Harmonisation Project Australia Brazil Chile Costa Rica Denmark European Court of Auditors Israel Italy Korea Mexico Peru Portugal South Africa Spain Project on Audit Quality Control Supreme audit institution INTOSAI Professional Standards Committee 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 201 Annex 3.A1 Participation of the supreme audit institutions of Chile and selected countries in INTOSAI bodies Table 3.A1.1. INTOSAI committees’ working groups and task forces Goal 3: Knowledge Sharing 202 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Table 3.A1.2. OLACEFS committees and commissions Investigation (Investigación) Financial Management (Gestión Financiera) Ethics and Transparency (Ètica y Transparencia) Environment (Medio Ambiente) Performance Evaluation and Performance Indicators (Evaluación del Desempeño e Indicadores de Rendimiento) Accountability (Rendición de Cuentasi) Information and Communications Technology (Tecnologías de Información y Comunicaciones) Citizen Participation (Participación Ciudadana) Argentina Belize Bolivia Brazil Chile Colombia Costa Rica Cuba Dominican Republic Ecuador El Salvador Guatemala Honduras Mexico Netherlands Antilles Nicaragua Panama Paraguay Peru Puerto Rico Uruguay Venezuala Norms (Revisiòn Normativa) Supreme audit institution Commissions Capacity Building (Capacitación) Committees o o o ● ● ● o o o o o o o ● o o o o ●● o ● ● o o o o o o o o ● o ● o o o o o o o ● o o ●● o o o o o ● o ● ● o ●● ● o ● o o o o o o o o o o o o o o o o o ●● o ● o o o o ● o o o o o o o o ● ● ● o o o ●● o ● o o o o ● o ● o ● ● ●● o ● ● o ● o o o o o o o ● o o ● ● ● o o ● o o o ● ● o o o ● o ● o o ● o o o o ●● o o o ●● o ● o ● o ● ● o o o ● ● ● o o o o ● o ● o ● o ● o o ●● o ● o o ● o o o o o o o o o o o o o ● o o ● ●● o o o o o o o o o ● ● ● o o o Notes: ●● = Chair ● = Member; o = Not a member. Committees deal with issues of significant, recurring interest to all members of INTOSAI (such as preparing standards and guidelines for government auditing practice applicable to the whole of INTOSAI). Working groups are formed as a result of INTOSAI Congress themes and recommendations to address SAIs’ interest in specific technical issues (e.g. privatisation, environmental audit). Task forces are formed by the Congress or the Governing Board as needed to deal with issues of significant interest to many member SAIs. Source: Based on OLACEFS website, www.olacefs.com/Olacefs/appmanager/PortalOlacefs/Portal. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 203 Annex 3.A2 Office of the Comptroller General of the Republic’s human resource management competencies Professionals Complaints Unit and Citizenship Management Process Units (UGP) processes analyst Oficial de Partes (OGP) Head of External Control Technical Unit (UTCE) Head of follow-up unit Head of legal unit Divisions and regional offices Supervisor of Public Works Committee ● o ● o ● o ● ● o ● o o o Infrastructures and Regulation Division Division Supervisor Teamwork Ability to work under pressure Communication Finding information and information analysis Results oriented and proactive Leadership Customer orientation Focus on quality Analytical capabilities Responsibility Strategic direction and commitment Use of ICT (information and communications technology) Adapting to change and new working patterns Accounting Analysis Division Professional Projects Unit Competencies Regional Supervisor, State Personnel Administration System (SIAPER) Table 3.A2. Office of the Comptroller General of the Republic’s human resource management competencies o o o o o o o o o o o o o ● o o o o o o o o o o o o ● ● ● o o o o o o o o o o o o o o o o o o o o o o o ● ● ● ● ● o o ● ● o ● ● o ● ● o o o o ● o o ● o o ● ● ● o ● o ● o o ● o o o o ● o o o ● ● o o o o o o ● ● ● ● ● ● ● ● ● o o ● ● o CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 TOTAL 8 5 4 3 4 3 3 3 2 2 2 2 2 204 – 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL Infrastructures and Regulation Division Supervisor of Public Works Committee Professionals Complaints Unit and Citizenship Management Process Units (UGP) processes analyst Oficial de Partes (OGP) Head of External Control Technical Unit (UTCE) Head of follow-up unit Head of legal unit Divisions and regional offices Division Supervisor Ability to systematise requirements for team work Ability to apply jurisprudence Processing of administrative acts Ability to learn Achievement orientation Attention to detail Commitment Computational tools Conflict resolution Constructive and collaborative attitude Integrity Relationships Uniformity at work Professional update (Actualización) TOTAL Accounting Analysis Division Professional Projects Unit Competencies Regional Supervisor, State Personnel Administration System (SIAPER) Table 3.A2. Office of the Comptroller General of the Republic’s human resource management competencies (cont.) o o ● o o o o ● ● ● ● o ● o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o ● o o o ● ● ● ● o o o o ● o o ● o o o o o o o o o o o o o o o o o o o o o o o o o o o o ● o o o o o o o o o o o o 12 0 1 3 0 11 10 6 4 11 TOTAL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ● = Yes; o = No. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 3. FOSTERING STRATEGIC AGILITY IN CHILE’S OFFICE OF THE COMPTROLLER GENERAL – 205 References AGSA (Auditor-General of South Africa) (2013), Strategic Plan and Budget of the Auditor-General of South Africa for 2013-2016, Auditor-General of South Africa. ANAO (Australian National Audit Office) (2010), Australian National Audit Office Corporate Plan 2010-2013, ANAO, Canberra. Anderson, B. and J. 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ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 211 Chapter 4 Engaging Chile’s supreme audit institution’s stakeholders throughout the audit cycle* This chapter examines the practices used by the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to engage its stakeholders throughout the audit cycle. Effective engagement can support better awareness, understanding and use of the SAI’s work in accountability and decision-making processes. In analysing the practices used by the CGR to engage external stakeholders, this chapter analyses the institution’s engagement with auditees, including the executive; the legislature and its committees; the judiciary, including the courts and prosecutors; and non-government actors including representatives of civil society, business, academia and the media. This chapter examines three main phases of the audit cycle, before, during and after the audit engagement; and focuses on different types of SAI engagement, including sharing information, consultation and participation. The analysis is framed by International Standards of Supreme Audit Institutions (ISSAI), International Organisation of Supreme Audit Institution (INTOSAI) good practice guidance and OECD work on citizen engagement. Specific reference is made to “Prerequisites for the Functioning of Supreme Audit Institutions”, “Fundamental Auditing Principles” and “INTOSAI Guidance for Good Governance”. The chapter includes comparative data for the CGR as well as 13 SAIs collected through an OECD survey specifically conducted for this peer review. * The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 212 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Introduction This chapter examines the practices used by the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to engage its stakeholders throughout the audit cycle. Effective engagement can support better awareness, understanding and use of the SAI’s audit work in accountability and decision-making processes. SAI stakeholders include: auditees, executive authorities responsible for formulation and oversight of management policies, including internal audit;1 the legislature, parliamentary committees and their research staff; the judiciary and public prosecutors. Stakeholders also include non-governmental actors, including civil society, business, academia and the media. There are three main phases of the audit cycle: i) before the audit, including annual audit programming and planning and design of individual audit engagements; ii) during the audit engagement, including audit field work to obtain appropriate evidence and the formulation of the audit findings and reporting; and iii) after the audit, including the dissemination and the follow up of audit findings. This chapter does not discuss the engagement of stakeholders in strategic planning, as this is addressed in Chapter 3 of this peer review. There are different types of engagement that the SAI may have with its stakeholders throughout the audit cycle: sharing information, consultation and participation. Sharing information refers to the one-way relation in which the SAI produces and delivers information for use by its stakeholders. It covers both “passive” access to information upon demand by stakeholders and “active” measures by an SAI to disseminate information to stakeholders. Consultation refers to a two-way relation in which stakeholders provide feedback to the SAI based on a prior definition by the SAI of the issue on which stakeholders’ views are being sought and requires the provision of information. Participation refers to a partnership where stakeholders actively engage with the SAI, sharing information to shape the work of the SAI – although the responsibility for the final decision rests with the SAI. There has been growing attention among SAIs to how they engage their stakeholders throughout the audit cycle. Much of this attention has focused on sharing information and the one-way relationship between SAIs and stakeholders, including media and citizens, especially as a means of demonstrating performance and the impact of SAIs. More recently, the International Organisation of Supreme Audit Institutions (INTOSAI) good practice guidance has focused on issues of “consultation” and the two-way flow of information between SAIs and stakeholders. For example, How to Increase the Use and Impact of Audit Reports includes reference to communicating with stakeholders throughout the audit cycle, through consultation with stakeholders, to understand their concerns and to collecting their views in audit planning and to soliciting feedback on audit work. INTOSAI is currently developing guidance on “Enhancing SAI Effectiveness through Co-operation with the Legislature, Judiciary and Executive”. In examining the practices used by the CGR to engage external stakeholders, this chapter analyses the institution’s: engagement with auditees and internal audit as a basis for developing a constructive working relationship and improving the effectiveness of audit assignments engagement with other stakeholders, including those charged with governance in the executive and legislative branch, and non-governmental actors. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 213 The analysis contained in this chapter is framed by International Standards of Supreme Audit Institutions (ISSAI), INTOSAI good practice guidance and OECD work on citizen engagement. Various ISSAIs emphasise the need for SAIs to communicate and publically report on their activities and audit work with the government, the administration, the legislature and the general public (INTOSAI, 1977; 2010a; 2010b; 2013). In addition, audit standards identify the possibility of co-ordination and co-operation between SAIs and internal audit in public sector entities (INTOSAI, 2010b). The OLACEFS (2009) “Declaration of Asunción” emphasises information transparency and active citizen participation. INTOSAI’s (2010d) How to Increase the Use and Impact of Audit Reports provides practical guidance on communication throughout the audit cycle. OECD (2001; 2004; 2009a; 2011a) has focused on the benefits, instruments, costs and risks associated with citizen engagement, albeit with a focus on the government and administration and a basis for sharing lessons with SAIs. Engaging auditees to develop a constructive working relationship International Standards of Supreme Audit Institutions and INTOSAI guidelines establish a number of good practices for SAIs to engage with auditees and responsible parties. INTOSAI (2010b) “Principles of Transparency and Accountability” note that SAIs adopt objective and transparent audit standards, processes and methods. Moreover, INTOSAI (2013) “Fundamental Principles of Public Sector Auditing” recognise that SAIs should enhance good communications with auditees in order to develop a constructive working relationship. This communication may include information on the responsibilities of the auditor and auditee throughout the audit cycle and the objective, scope and timing of audit engagements. Moreover, these principles state that SAIs should ensure that the terms of audit engagements have been clearly established in writing, communicated and understood by the auditee and responsible parties (INTOSAI, 2013, § 48). INTOSAI (2010c) guidance on How to Increase the Use and Impact of Audit Reports notes that the relationship between the SAI and the auditee can be greatly improved if the SAI sets up communication protocols. In recent years the CGR has revised many of its internal audit manuals and guidance to standardise and enhance its interactions with auditees. These manuals include guidance on “Model (Audit) Report and Structure (Estructura y Modelo de Informes)” and “Format of the Follow-Up (Audit) Reports (Formato Informe de Seguimiento)” in January 2013 and April 2012, respectively. In 2010, the CGR initiated a survey to assess the quality and timeliness of its oversight processes and to identify ways to enhance its processes and to focus training of its officials. The objective was to identify the strengths and weaknesses of current CGR oversight processes and to create a satisfaction index that could be used as a baseline for subsequent evaluations. Moreover, the CGR has begun to more systematically monitor and follow up auditee’s responses to audit findings, which can also serve as a form of feedback. The revision of the CGR’s audit guidelines and follow up of audit findings are discussed in more detail in Chapter 5 and the auditees surveys are discussed in more detail in Chapter 6. However, the CGR’s culture for audit engagements is still primarily one of inspection and investigation to identify non-compliance with government regulation and accounting errors. Interviews with CGR auditees noted that the institution is not viewed as a partner in providing independent and objective information to assist senior public officials in improving the reliability of information for accountability and decision-making processes or in strengthening management practices and performance. Moreover, the CGR could CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 214 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE benefit from enhancing awareness and understanding of its audit methods to build confidence in the audit process and engage senior public officials in a discussion on enhancing good public governance. The preliminary recommendations of this section centre upon: broadening the scope of information communicated with auditees as part of individual engagement in order to build constructive working relations engaging auditees in formulating communication products about audit processes and methods in order to increase their understanding about the CGR’s working methods engaging auditees, as well as other stakeholders, in reviewing audit reporting guidance in order to increase the usability of audit reports formulating auditee strategies to broaden engagement beyond individual audit engagements and facilitate dialogue with auditees on governance issues. Broaden the scope of information communicated with auditees as part of individual engagement in order to support constructive working relations The CGR’s audit engagements begin with formal notice of the beginning of audit work (oficio de inicio de auditoria) and an initial meeting with the head of the public entity, between one and three months in advance. The formal notice specifies in general terms the scope of the audit, the CGR officials involved and the information that is to be prepared by the auditee such as the organisational structure of the entity, the registration of staff employed in the entity, the list of bank accounts used by the entity, access to the entity’s information systems, institutional manuals and description of functions. In the meeting, the CGR is represented by the external control technical units (unidad técnica de control externo) and not the auditors that will conduct the work. The CGR’s formal notice provides information on: i) the subject and scope to be covered by the audit; ii) whether the audit includes an examination of accounts; iii) the name of the head/deputy head of division or regional comptroller in charge of the audit; iv) the names of the auditors; and v) request for physical space and the information for conducting the audit work. In addition, the CGR may include a request for specific information such as the auditee’s organisational chart, list of bank accounts used by the entity, id and passwords for accessing the entity’s information systems, list of the senior management and the duration of the employment, manual with a description of personnel positions, list of administrative procedures conducted in the entity and list of financial transfers. The request for such information can suggest that the CGR has not done effective pre-audit planning and intelligence gathering. The CGR could provide auditees information on the objective and criteria for audit work in its initial formal notice in order to mitigate perceptions that auditors are seeking only to identify errors. The omission of the audit objective and criteria in the formal notice gives the impression that audit work is not focused on risks. INTOSAI (2013) notes that each audit should have suitable criteria to evaluate the subject matter. The precise significance and mix of criteria will depend on the objectives of the audit, however, key characteristics of suitable criteria include relevance, completeness, reliability, neutrality, understandability and objectivity. Making the criteria available to auditees would help to enable them to understand how the subject matter has been evaluated or measured (INTOSAI, 2013, § 30). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 215 In addition, the CGR’s formal notice could provide information on when the audited entity could expect to receive the preliminary audit report for comment – although this information could be updated during the course of the audit work to enable the head of the audited entity to allocate time to review the materials. At present, the CGR does not inform the heads of audited entities in advance on when the preliminary report will be prepared. Commenting on the preliminary audit report is critical for ensuring the principle of contradiction, the checking of facts with the audited entity and incorporating responses from auditees/responsible parties as appropriate. Sharing such information is a common practice for benchmark SAIs involved in this peer review (Table 4.1). Table 4.1. Communication with auditees at the beginning of an audit engagement by the supreme audit institution in Chile and selected counties Audit subject and scope Responsibilities of SAI and auditee for audit work Lead SAI contact for the audit work Audit plan and timetable for audit work Information and access needed for audit work When SAI will share preliminary audit report Australia ● ● ● ● ● ● Brazil .. ● ● ● ● ● Chile o o ● o ● o Costa Rica ● ● ● ● ● ● Denmark .. ● ● ● ● ● European Court of Auditors ● ● ● ● ● ● Israel ● o ● o ● o Italy .. ● ● ● ● ● Korea ● ● ● ● ● ● Mexico .. .. .. .. .. .. Country Peru .. .. .. .. .. .. Portugal ● ● ● ● ● ● South Africa .. ● ● ● ● ● Spain ● ● ● ● ● ● Total yes 7 10 12 10 12 10 Notes: ● = Yes; o = No. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 39-40. On the completion of the audit field work, the CGR sends a preliminary report containing its observations to the head of the audited entity. The preliminary report is considered confidential and shared only with the head of the audited entity. The head of the audited entity is provided with a deadline of ten working days to provide written comment and share additional information. The CGR notes that an extension of another five working days may be granted. Comments on the preliminary report are provided only in writing and no meetings take place between the audited entity and the CGR. Based on the comments, the CGR prepares its final report. In practice, comments are received on more than 90% of audit work within the ten working-day period. Although the CGR has the option of providing an extension, this is not always granted because this can affect the annual audit plan and annual performance of the respective division/regional office. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 216 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE The CGR could also give consideration to adjust the deadline auditees have to comment on preliminary audit reports to be proportionate with the scope and depth of the audit. The ten working days provided for auditees to provide written comment is irrespective if the audit is narrowly defined or broad; represents one month of audit work or nine months; or if the audit report is short or extensive. The finalised report is subsequently sent to the director ten working days in advance of the CGR’s report being made publically available on its website. The final published report includes the signature of the respective head of the audited entity, confirming that they have received the report. Box 4.1. Communication with audited entities in advance of the commencement of audit engagements: Approach of the supreme audit institution of Denmark The supreme audit institution of Denmark, the Rigsrevisionen, relies on the expertise of various external groups for many of its major examinations which aim to contribute to accountability within public sector administration. A call for an increase in dialogue with auditees was outlined in an update to the annual audit in 2008, meant to align audits more closely with developments in public sector auditing. Auditees are involved from the outset and are part of close communication and cooperation throughout the entire audit process. They are informed on the design of audit, preliminary audit findings and the assessments and recommendations. Once the outset of the examination has been settled, a joint meeting is established and is followed by a formal letter outlining the scope, design and other relevant information. After a formal letter is issues, a second joint meeting is held after which the audit commences. Source: Adapted from “Major Examinations” and “Annual Audit” papers provided by, and discussions with, Rigsrevisionen. Engage auditees – as well as other stakeholders – in formulating communication products about audit processes and methods to increase understanding about working methods The CGR could make information regarding its audit standards, processes and methods publically available to build confidence in its audit engagements. During the past several years the CGR has updated its audit manuals as part of its modernisation reforms. The CGR may wish not only to publish its manuals but to present them in more user-friendly language for the benefit of its stakeholders. For example, the Auditor-General of South Africa’s website has a clearly visible tab on “audit guidelines” which includes reporting and good practice guidance. The Auditor-General of South Africa’s “Audit communication and reporting” explains matters that do and do not affect the audit opinion on financial statements, as well as a clear chart about communication with those charged with governance and management throughout the audit cycle. It also includes a glossary of financial audit terms (Box 4.2). Over time, as the CGR seeks to converge with ISSAIs, the CGR could also explain how its standards, processes and methods contained in these manuals are coherent and/or diverge from ISSAIs, as well as future plans to converge with these ISSAIs. Engage auditees – as well as other stakeholders – in reviewing audit reporting guidance in order to increase the usability of audit reports As noted previously in this chapter, the CGR issued guidance on “Model (Audit) Report and Structure” in January 2013 with the aim of standardising audit reporting by all CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 217 CGR external control units, both at the central and regional level. This guidance addresses the formal and substantive aspects related to the preparation of a preliminary and final audit report. Formal issues included the page formatting, number of themes, titles and subtitles, spelling and writing style, the use of annexes and letterhead. Substantive issues relate to the drafting and formal observations contained in the reports. The guidance also includes templates for other official communications between the CGR and auditees (e.g. notification of audit field work, cover letter for preliminary and final audit reports). The guidance on “Model (Audit) Report and Structure” replaced the CGR’s “Model for the Preliminary Report of Observations and Final Report” (Modelos Preinforme de Observaciones e Informe Final) that was issued in September 2009. This earlier guidance was developed by a single CGR division and its use was not obligatory for other CGR divisions and regional offices. Although there was much internal discussion on the “Model (Audit) Report and Structure” guidance, there was no effort to understand the usability of audit reports for the CGR’s stakeholders. Participation of these external stakeholders could provide valuable input to improve the CGR’s audit reporting. That said, few SAIs directly seek input from stakeholders when formulating their audit reporting guidelines (Table 4.2). In addition, the CGR could give consideration to using executive summaries to present audit findings, as well as establishment commitments to use plain language and exhibits in its audit reports. The CGR explains that its institutional website audit search engine provides a summary of the objectives of the audit, the audit scope and sample, the audit conclusion and legal opinions (dictámen).2 While this supports users of the CGR’s website, it does not automatically benefit other stakeholders who receive the audit report in hard-copy. Moreover, there is no emphasis on clear and simple language and the use of figures in audit reports. This is despite much emphasis by the CGR in recent years to increase the use of its work by citizens. Rather, the CGR’s 2009 and 2013 guidance on audit reporting focuses more on issues of syntax and text formatting. Reference to the use of exhibits in the 2013 guidance is limited to not using excessive exhibits. However, it does not explain and provide examples for the CGR’s audit staff on how to use exhibits effectively. Box 4.2. Approaches to raise awareness and understanding of audit reporting and audit cycle: The example of the Auditor-General of South Africa The Auditor-General of South Africa has developed and publishes information on “audit communication and reporting” to support auditees and other stakeholder to understand its financial audit opinions and audit process. The Auditor-General of South Africa’s website has a clearly visible tab on “audit guidelines” which includes reporting and good practice guidance. This information explains what matters do and do not affect the audit opinion on financial statements, information about the audit process including the communication with those charged with governance and management CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 218 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Box 4.2. Approaches to raise awareness and understanding of audit reporting and audit cycle: The example of the Auditor-General of South Africa (cont.) Modification of the audit opinion Communication in the audit process Source: AGSA (2011), “Audit Communication and Reporting”, www.agsa.co.za/Auditinformation/Auditcommunication/tabid/186/id/204/Default.aspx. AGSA, CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 219 Table 4.2. Practices to support clarity of audit reporting used by supreme audit institutions in Chile and selected countries Commitment to use plain language in audit reports Commitment to use exhibits to present complex information clearly and concisely in audit reports Style guide for audit reports ● ● ● ● Brazil ● ● ● ● o o Chile o o o ● o Costa Rica ● ● ● o o Denmark ● ● ● ● o European Court of Auditors ● ● ● ● o Israel ● ● ● ● o Italy ● ● ● ● o Korea o ● ● ● o Mexico .. .. .. .. .. Peru .. .. .. .. .. Portugal ● ● ● ● o South Africa ● ● ● ● o Spain ● ● ● ● o Total yes 10 11 11 11 0 Use of executive summaries to present main audit findings Australia Country Involvement of SAI audiences in formulating/ updating external audit reporting guidance Notes: ● = Yes; o = No; .. = Missing data. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 42-45. The use of executive summaries, plain language and exhibits are common among the benchmark SAIs in this peer review (Table 4.3). Executive summaries help to draw attention to the most important information about an audit in a way that is accurate, clear and coherent. An executive summary should be able to stand alone as stakeholders may not read the entire audit report. Stakeholders should be able to grasp easily what was examined, why it is important, what was found and the proposed recommendations – even if they read only the main points. Plain language means avoiding jargon or obscure words, whenever possible, and explaining any technical or legal terms that need to be used in order to make audit reports more readable, especially those reports that address complex subjects. Exhibits, including illustrations, tables, charts or text boxes, can help to attract a stakeholder’s attention and reinforce key points. Formulate auditee strategies to broaden engagement beyond individual audit engagements and facilitate dialogue on governance issues with auditees INTOSAI (2010c) guidance on How to Increase the Use and Impact of Audit Reports notes that the relationship between the SAI and the auditee is an ongoing one that goes beyond audits and reports. Some SAIs meet with the heads of ministries to discuss weaknesses that have been identified in their systems and talk about ways that auditees can implement recommendations listed in or arising from audit reports. In other cases, SAIs may produce a strategy to facilitate engagement with auditees/responsible parties. An auditee strategy may cover: i) a summary of the key challenges and risks facing the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 220 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE auditee that the SAI would want to address; ii) ways that SAI work can help improve the auditee’s performance and services to citizens; iii) specific auditee weaknesses that need to be addressed and improved, such as through creative and new approaches; and iv) what new developments in the public sector will mean for the auditee, and how the auditee might respond (INTOSAI, 2010c, § 30). The CGR has not established any strategies for its engagement with auditees, unlike the SAIs of Australia, Denmark, Italy, Portugal, South Africa and Spain as well as the European Court of Auditors (Table 4.3) which have established strategies. Table 4.3. Existence of auditee strategies by the supreme audit institution in Chile and selected countries Summary of the key challenges and risks facing the auditee that the SAI would want to address Ways that SAI work can help improve auditee’s performance and services to citizens Specific auditee weaknesses that need to be addressed and improved Assessment of what developments in the public sector mean for auditee and how the auditee may respond ● ● ● ● Brazil ● o x x x x Chile o x x x x Costa Rica o x Denmark ● ● x o x o x o European Court of Auditors ● o ● ● ● ● x x x x ● ● ● ● Korea ● o x x x x Mexico .. .. .. .. .. Peru .. .. .. .. .. Portugal ● ● ● ● o South Africa ● ● ● o Spain ● ● ● ● o ● Total yes 7 7 5 4 4 Country Australia Israel Italy Existence of an auditee strategy Notes: ● = Yes; o = No; x = Not applicable; .. = Missing data. European Court of Auditors: Audit strategies established for major audit areas not auditee/audited entities per se. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 46. The CGR could also leverage dialogue opportunities with the heads of ministries and services as a basis for jointly discussing reoccurring problems. CGR officials note that there are some instances for discussion but that this is the initiative of the auditees. In doing so, the independence of the external audit remains protected, but the knowledge arising from CGR’s audits is proactively shared and ideally used to inform improvements in public services. Periodic engagements with senior officials of audited entities to discuss issues of common concern are frequent within many SAIs (Table 4.4). For example, the Australian National Audit Office (ANAO) discusses matters arising from its audit coverage in a range of forums including audit committee meetings of auditees and through consultation in the development of the annual Audit Work Programme. The Brazilian Federal Court of CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 221 Accounts is currently embarking on a “Public Dialogue”, promoting meetings with auditees to discuss topics of interest related to public governance. The Auditor-General of Denmark engages in meetings at least once annually with the permanent secretaries of ministries and top executives of larger public co-operations. These meetings, which take place at National Audit Office of Denmark, focus on recent audit findings, future audits and issues of concern. Representatives of the European Court of Auditors have regular meetings between senior officials within audited entities. The Auditor-General of South Africa has an ongoing programme of quarterly interactions with executive authorities and the related legislative oversight committee to facilitate an understanding of the key obstacles to clean (unqualified) audits. Table 4.4. Periodic engagement with senior officials to discuss issues of common concern by the supreme audit institution in Chile and selected countries Yes No Australia, Brazil, Denmark, European Court of Auditors, Israel, Korea, Portugal, South Africa, Spain Chile, Costa Rica, Italy Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 38. Engaging with internal audit to support effective and efficient audit and non-audit assignments INTOSAI “Guidance for Good Governance” notes that co-ordination and co-operation between SAIs and public sector internal auditors can support effective and efficient audit and non-audit assignments by both parties (INTOSAI, 2010d). A broad range of potential modes of co-ordination and co-operation include: i) communication of audit planning and audit strategies; ii) regular meetings between SAIs and internal auditors; iii) arrangements for the sharing of information, including consultation procedures; iv) communication of audit reports with each other; v) organising common training programmes and courses, and sharing training material; vi) developing joint methodologies. It may also result in granting access to audit documentation; secondment or lending of staff (e.g. training on the job); vii) use of certain aspects of each other’s work to determine the nature, timing and extent of the audit procedures to be performed; and viii) collaborating on certain audit procedures, such as collecting audit evidence or testing data (INTOSAI, 2010d, Section 7.1). However, co-ordination and co-operation may also pose the risks of undermining confidentiality, independence and objectivity – and these need to be effectively managed. Risks from co-ordination and co-operation include: i) compromising the confidentiality, independence and objectivity of audit work; ii) the dilution of responsibilities; iii) misinterpretation of the findings of the other’s audit work; iv) possible difference of conclusions or opinions on the same subject matter; v) the possibility that potential findings of the other auditor may be prematurely communicated, before sufficient audit evidence exists to support those findings; and vi) not considering constraints or restrictions placed on the other auditor in determining the extent of co-ordination and co-operation (INTOSAI, 2010d, Section 5.1). The CGR has sought to enhance the working practices of internal audit units, especially at the municipal level. Formally, the CGR has responsibility for guiding the activities of internal audit units within public entities (Law 10 336, Art. 18). The CGR’s CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 222 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE efforts to enhance the working practices of internal audit units have been supported by the creation of an online Portal for Internal Audit Units (Portal para las Unidades de Auditoría o Control Interno). In addition, there is a Council of Government’s General Internal Auditors (Consejo de Auditoría Interna General de Gobierno, CAIGG) for public entities in the central administration. Formally, the council does not have legal recognition, but derives its mandate and scope of activity from its direct dependence of the President of the Republic. Within this scope, the council may provide policy direction and tools to internal control units within public entities. In practice, the CGR’s and CAIGG’s guidance for internal audit units in the central administration overlap and sometimes establish different obligations and tools for the internal audit units to follow. The CGR and CAIGG have recognised this issue and are seeking to strengthen their co-ordination. Moreover, the CGR’s interactions with internal audit units in audit programming and individual engagements remains limited. The preliminary recommendations of this section centre upon: enhancing co-ordination and co-operation with internal audit units of public entities through individual audit engagements strengthening co-ordination and co-operation with the CAIGG in order to streamline guidance for internal audit units. Enhance co-ordination and co-operation with public entity’s internal audit units, based on an assessment of the benefits and risks In Chile, each public entity is required to establish an internal audit unit with a broad mandate to evaluate the level of economy, efficiency and effectiveness of the use of public resources and achievement of the institution’s objectives (Law 10 336, Art. 18). As noted in Chapter 1, the scope of the CGR’s oversight is extensive and includes the revenue and investment of public funds, some 190 central government service agencies, 24 public enterprises, 8 mixed-ownership companies, 340 municipalities, the public universities, concessions granted by the government to agencies for the exploitation of public resources, as well as the powers to examine the use made of public monies by non-government organisations and private companies. Law 18 695/2006 – the Organic Law on Municipalities – requires municipalities to establish an internal audit unit, defines its responsibilities, reporting line and reporting obligations. Moreover, the CGR Organic Law notes that inspectors, auditors or employees fulfilling the internal audit function are subject to technical oversight from the CGR (Law 10 336, Art. 18). Since 2010 the CGR hosts an annual meeting with internal audit units at the national level to support ongoing communications and institutional relations between the CGR and internal audit units. The first meeting, held in November 2010, focused on the independence of internal audit units, mechanisms for co-ordination between the CGR and internal audit units, training and development needs of internal audit units, and the development of technical norms for the internal audit function. The 2010 meeting was attended by approximately 200 officials from central government and municipal internal audit units (CGR, 2010b). In 2012, a different approach was used and meetings were organised with internal audit units at the regional level. In addition, 2011 saw the launching of the CGR Internal Audit Portal and the formulation of CGR technical guidance on audit chapters and infrastructure investment for the internal audit units, as well as the basic elements for the design and development of risk matrices (CGR, 2011a). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 223 In 2011, the CGR created an online Portal for Internal Audit Units in order to support communications and share information with internal auditors in the central and municipal government. The portal serves both as a means of CGR communication and information sharing and also a means for discussion and knowledge sharing among internal auditors. For example, the portal makes available CGR news, legal opinions, court of accounts’ decisions regarding the actions of internal auditors, frequently used norms, accounting standards, INTOSAI standards, documents of interest and a directory of approximately 1 000 government internal auditors. In addition, the portal includes a discussion forum structured around the following themes: i) transfers; ii) revenues; iii) procurement; iv) infrastructure; v) concessions; vi) human resources; vii) institutional functions and processes; viii) information technology; ix) finance; x) other; and xi) archives. While there has been good take up of the portal (Figure 4.1), attention is necessary to ensure that portal users repeatedly return. In this regard, the portal could be used to provide online training and other forms of learning for internal auditors. The portal could also be used as a platform for interaction between the CGR and internal audit units linked to individual CGR audit assignments. Figure 4.1. Use of the Office of the Comptroller General of the Republic of Chile’s internal audit portal Access Visitors 8 000 7 000 6 000 5 000 4 000 3 000 2 000 1 000 Jun-13 May-13 Apr-13 Mar-13 Feb-13 Jan-13 Dec-12 Nov-12 Oct-12 Sep-12 Aug-12 Jul-12 Jun-12 May-12 Apr-12 Mar-12 Feb-12 Jan-12 0 Source: Office of the Comptroller General of the Republic. There is limited co-ordination and co-operation between the CGR and internal audit units within public entities (Table 4.5). The CGR does not share information on its audit programming and planning, and vice versa, as this is considered as sharing privileged information. The CGR does not share information on audit programming and planning as it wishes for its audits to be characterised by the element of surprise. The CGR may review reports prepared by internal audit together with other information requested from auditees. The CGR has no meetings with individual internal audit units, even to develop a shared understanding of the public entity that they are auditing. The CGR’s interaction with the internal audit units is limited to the annual meeting with internal audit units mentioned above or to meetings in the context of audit engagements. The CGR formally began to share its final audit reports with internal auditors and not just management in 2011 – in line with the CGR making publically available all of its audit reports since 2011. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 224 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Table 4.5. Modes of co-ordination and co-operation between the supreme audit institution and internal audit in Chile and selected countries Communication of annual plans/ strategies Regular meetings Arrangements for the sharing of information (including consultation procedures) ● ● o Brazil o ● ● o ● o Chile o o o o Exploration Exploration Country Australia Communication of reports to each other Common training programmes, and sharing of training materials Development of joint methodologies ● o o Costa Rica o o o o o o Denmark ● ● ● ● ● o European Court of Auditors ● ● ● ● ● o Israel o ● ● o o o Italy ● o o ● o o Korea ● ● ● ● ● ● Mexico .. .. .. .. .. .. Peru .. .. .. .. .. .. Portugal ● ● ● ● ● o South Africa ● ● ● o o o Spain ● ● ● ● ● o Total, Yes 8 10 8 5 6 1 Notes: ● = Yes; o = No; .. = Missing data. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 47-53. Strengthen co-ordination and co-operation with the Council of Government’s General Internal Auditors in order to streamline guidance for internal audit units The CGR Organic Law (Law 10 336/2009, Art. 18) states that each public sector entity (servicios) under the control of the CGR must establish an internal audit unit with a broad mandate to evaluate the level of economy, efficiency and effectiveness of the use of public resources and achievement of the institution’s objectives. Moreover, the CGR Organic Law (Law 10 336, Art. 18) and the Organic Law on the State Financial Administration (Decree Law 1 263) state that the CGR is responsible for supervising and guiding the activities of internal audit units within public entities. The role of the CGR in guiding public sector internal audit is similar to the SAIs of Costa Rica, Denmark, Korea and Portugal (Table 4.6). In other benchmark countries this function is fulfilled by other parts of the administration, such as a dedicated in Brazil and Italy, or as a Ministry of Public Administration in Mexico (Table 4.7). The CGR’s responsibility for supervising and guiding the internal audit units within public entities is within each relevant external control unit (e.g. the municipality division oversees internal control units of the municipalities). The CGR provides advice on specific issues raised through the portal. In 2011, a draft set of guidelines on internal audit were discussed, but have not yet been formalised. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 225 Table 4.6. Role of supreme audit institutions in co-ordinating public sector internal audit in Chile and selected countries Yes No Chile, Costa Rica, Denmark, Korea, Portugal Australia, Brazil, European Court of Auditors, Italy, South Africa, Spain Notes: Chile: The Office of the Comptroller General of the Republic Organic Law (Law 10 336, Art. 18) and the Organic Law on the State Financial Administration (Decree Law 1 263) state that the Office of the Comptroller General of the Republic is responsible for supervising and guiding the activities of internal audit units within public entities. Costa Rica: The Act on Internal Control assigns a leading (rectory) role to the Comptroller General of the Republic on internal audits of all public institutions. The rectory is performed by issuing regulations for internal audits and reviewing internal audit work plans. Denmark: It is clarified in the Auditor Generals Act (2012) § 9 that the Auditor-General can arrange audit tasks with internal audit bodies in the ministries or other administrative entities. This paragraph is vividly used and the National Audit Office of Denmark depends on well-conducted audit of the internal audit entities to ensure a qualified final audit in all its audit products. The National Audit Office of Denmark also co-operates with the Institute of Internal Auditors and has hosted two national conferences on “Trends in the Development of Public Audit” and “The Value of Public Sector Auditing”. The National Audit Office of Denmark has created a website directed at internal public auditors. These roles are, however, self-assumed by the National Audit Office of Denmark and not a formal responsibility. Korea: The Board of Audit and Inspection may provide necessary support for the development of internal audit and inspection work and efficient conduct of audit and inspection work. The heads of central government agencies, metropolitan governments and provincial governments, and government-invested organisations shall, in case it is necessary, in order to avoid duplication of audit and inspection, discuss their audit and inspection plans with the Board of Audit and Inspection. The Board of Audit and Inspection may, when it is recognised that the head of the internal audit and inspection unit of an organisation under the provisions of § 2 is markedly negligent of audit and inspection work, recommend his replacement to the appointing authority or the appointment recommending authority concerned (Board of Audit and Inspection Act, Art. 30-2). Portugal: Under the law, the internal control departments of the public administration are bound to inform the court of their activity plans and reports and send it their actions’ reports whenever they may be of interest to the court. The President of the Court may also meet with the inspector generals and auditors of the public administration in order to promote the exchange of information on the activity plans of the court and the internal control departments and the harmonisation of internal and external control criteria. Members of the court’s staff provide training to public officials on several matters related to public management, such as public procurement, local indebtedness, public management control, or ethics and deontology in public services. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 8. In the context of internal audit and control, the CAIGG, located under the Ministry of Finance, was established in 1997 as an advisory body to the President of the Republic to co-ordinate the internal control and internal audit system.3 The CAIGG is responsible for proposing policies, plans, programmes and internal control measures for the public administration and individual public entities to strengthen management practices. The function of the CAIGG was broadened in 2005 to incorporate promoting integrity and transparency as well as the prevention of corruption,4 reflecting the government’s adoption of the Inter-American Convention against Corruption and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The CAIGG is composed of the General Council, Technical Advisory Committee (Comité de Asesoría Técnica) and Executive Secretariat (Secretario Ejecutivo). The General Council is chaired by the government’s Budget Director and is composed of six high-level officials, including the CAIGG Executive Secretary (referred to as the “Auditor-General”), nominated by the President of the Republic and working ad honorem. The Technical Advisory Committee is made up of the internal auditors from every government ministry and is chaired by the CAIGG Executive Secretary. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 226 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Table 4.7. Institutions’ arrangements for internal audit within the public administration in Chile and selected countries Country Australia Brazil Existence of internal audit units within public entities Chile Yes Centralised within Office of the Comptroller General for direct administration; individual audit units exist for indirect administration Yes, internal audit units Costa Rica Existence of audit boards/ Existence of separate financial inspection audit committees body Yes No No No No No .. No No Denmark Israel Italy Yes, but only in some public entities Every public body Yes, provided by independent performance evaluation bodies No No No No No Ministry of Economy and Finance; State General Accounting Department (central); territorial accounts offices (regional) Korea Mexico Peru Internal audit units Internal control offices Yes, institutional control bodies – some in the Office of the Comptroller General and in some public entities All ministries and most of public sector, except for smaller entities Yes Yes No No No No No No No General Inspectorate of Finance, Ministry of Finance No General Control and Audit Office (IGAE) for central administration, separate general control and audit offices for autonomous communities and local authorities Portugal South Africa Spain Yes No Internal audit co-ordination body None Secretariat of Federal Internal Control, Office of the Comptroller General of the Union (CGU) Office of the Comptroller General of the Republic (CGR); Council of Government’s General Internal Auditors (CAIGG) Office of the Comptroller General of the Republic National Audit Office of Denmark None Independent Commission for the Evaluation, Integrity and Transparency of Public Administration (CIVIT); Ministry of the Economy and Finance; State General Accounting Department Board of Audit and Inspection Ministry of Public Administration Office of the Comptroller General of the Republic Internal Audit Co-ordination Council General Control and Audit Office (IGAE) Notes: .. = Missing data. Financial inspection is usually understood as an ex post control activity exercised by either inspectors of a centralised control body, who are independent from the entity they inspect, or inspectors working in a separate unit of the entity they inspect. The aim of the financial inspection is to rectify major irregularities and dysfunctions and to impose administrative sanctions. Source: Adapted from European Commission (2011), Compendium of the Public Internal Control Systems in the EU Member States, 2012, European Union, Brussels. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 227 The CAIGG issues technical documents/guidelines relating to the work of internal auditors within public entities such as audit objectives, audit field work, audit reporting, audit follow up, as well as the creation, function and workplan of internal audit units. In addition, technical bulletins provide a summary of information for supporting sound internal control and specifically issues related to transparency, integrity and corruption prevention. Ten such bulletins have been issued to date, including a declaration of private interests held by public officials (May 2011); a declaration of private assets held by public officials (June 2011); conflicts of interest (July 2011); use of official vehicles (August 2011); direct deals and contracting (September 2011); incompatible negotiation (October 2011); guidelines for officials’ training (March 2012), tax fraud (July 2012), use of air tickets mileage (August 2012) and public tenders (November 2012).5 Box 4.3. Office of the Comptroller General of the Republic of Chile evaluations of internal audit In recent years the Office of the Comptroller General of the Republic (CGR) has conducted and commissioned an evaluation of internal audit within the Chilean public sector. The first evaluation was conducted in 2010, focusing on the compliance of municipal internal audit units with the statutory requirements contained in the Organic Law on Municipalities (Law 18 695/2006). This law requires municipalities to establish an internal audit unit and defines the unit’s responsibilities, reporting line and reporting obligations. The second evaluation was conducted in 2011 to examine the organisation and functioning of internal audit units within national (central) and municipal governments. The second assessment was outsourced by the CGR to a consulting company. 2010 evaluation of municipal internal audit units The 2010 evaluation of municipal internal audit units drew upon a survey of internal audit units’ operations in 2008 and 2009. The survey covered all of Chile’s 345 municipalities. The evaluation found that only 319 municipalities had created an internal audit unit, either as a dedicated unit or within another office as permitted by law. The evaluation found that, of the 319 municipalities that had an internal audit unit, 280 (87%) had created a direct reporting line between internal audit and the mayor, 242 (76%) had adopted internal rules on the organisation and function of those units, 238 (75%) had included the internal audit unit in their organisational charts and 228 (71%) had the director/manager of internal audit formally appointed by mayoral decree. Of the 319 municipalities with an internal audit unit, 271 (85%) reported that their mandate covered all municipal and related entities, including education, health, cemeteries and enterprises but only 144 conducted audits of their education and health departments, and of the 53 municipalities where education or health was transferred to a municipal corporation, only 25 internal audit units performed audits of these corporations. In terms of municipal internal audit units’ activities, the evaluation found that of the 319 municipalities that had an internal audit unit, 240 (75%) control financial and budget execution. However, 207 (65%) of the internal audit units did not audit municipal revenue, 229 (72%) did not audit the procurement function and 175 (55%) did not audit matters of remuneration and honoraria. Moreover, the evaluation found that 287 of the municipal internal audit units prioritised the review of payments and decrees to the detriment of other functions. These other assignments include auditing the internal control frameworks and reviewing of the compliance of economic and financial operations with regulation and the implementation of control measures to safeguard activities at higher risk. In terms of municipal internal audit units’ methods, the evaluation found that of the 319 municipalities that had an internal audit unit, 305 (96%) had not created a risk matrix to focus and guide their control actions and optimise the use of their resources, 209 (65%) did not follow up on audit observations in order to verify that corrective actions had been taken. Moreover, only 248 (78%) of the internal audit units had access to the information and records necessary for them to effectively conduct their work. In terms of municipal internal audit units’ reporting, only 223 (70%) issue a quarterly report on the budget, though in 24 cases the reports are not presented to the municipal council. Moreover, only 203 (64%) produce written reports at the conclusion of their audit work, though 27 of these units do not present the reports to the head of the audited entity. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 228 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Box 4.3. Office of the Comptroller General of the Republic of Chile evaluations of internal audit (cont.) In terms of municipal internal audit unit capabilities, the evaluation found that of the 319 municipal internal audit units surveyed, 233 (73%) of the directors/managers of internal audit had a professional or technical qualification in line with the function. The average municipal internal audit unit had 2.7 officials, though 165 (52%) of the internal audit units had only one official. Moreover, 250 (78%) of the municipal internal audit units had their officials complete the necessary training. However, in 194 (61%) of the municipal internal audit units, officials had not been trained in their municipality’s computer systems and 96 (30%) officials had not been trained in matters of financial, accounting, budget and legal control. 2011 evaluation of central and municipal internal audit units The 2011 evaluation of internal audit units in central public entities and municipalities drew upon a survey of 291 internal audit units from the central administration, state universities and hospitals and municipalities, supplemented with interviews with officials from 46 of these internal audit units – though the survey did not indicate if the respondent was the chief internal auditor or a staff member of the unit. The evaluation found that approximately 53% of all respondents indicated that they had not received specialised audit training for their position, though 94% indicated that they had an appropriate qualification (without specifying what that may be). Approximately 92% of all respondents indicated that they were not supported by any audit software, and 80% indicated that they had not received ongoing training in relation to government ICT systems. Moreover, approximately 29% indicated that they take on additional management functions. (Although data were presented on the types of tasks, the results were presented as a proportion of the total responses, rendering it unclear because of the possibility of multiple responses by individual respondents.) Although 90% of internal audit units surveyed have an audit plan, only 53% report using a risk matrix to prioritise and guide audit work. (However, it is not clear from the survey responses whether this refers to a risk matrix for audit work or a risk matrix for the use by managers insofar that respondents note that the risk matrix may have been prepared by the financial officer of the public entity or by the CGR – though the CGR does not share its risk matrix with public entities.) Approximately 57% do not have an audit manual and 31% do not have protocols for the written documentation of their audit chapters. Approximately 55% of internal audit units surveyed do not share their audit reports with external audiences, with 82% reporting that they primarily report to the CAIGG. Of surveyed internal audit units, 79% note that they strongly disagreed or disagreed with the statement that they share their findings with the CGR, with 8% reporting that they always or usually do. Approximately 48% of surveyed internal audit units note that they strongly disagreed or disagreed with the statement that the CGR has a working knowledge of their internal audit unit. Approximately 76% of internal audit units surveyed consider that communications between their unit and the CGR is poor. Among the primary reasons for this is the lack of formal interactions with the CGR (20%), communications occur only when the CGR requires information (38%) and the CGR does not discuss their findings with the internal audit unit (9%). Moreover, 61% of internal audit units surveyed either strongly disagreed or disagreed with the statement that there are effective mechanisms for communication with the CGR. Of the audit units surveyed, 62% either strongly disagreed or disagreed with the statement that the CGR provides technical instruction for the work of internal audit – though it did not explore the possibility that other institutions, namely the CAIGG, fulfil such a role. Source: Deloitte (2011), “Estudio sobre organización y funcionamiento de las unidades de control interno a nivel gubernamental y municipal. Rol de la Contraloría General de la República en dichos organismos [Study on the organisation and functioning of the internal control unit at central and municipal government levels: Role of the Office of the Comptroller General of the Republic in these bodies]”, May; CGR (2010), Informe Consolidado Nacional de Unidades de Control Interno Municipale [Consolidated National Report on Municipalities Internal Control Units], Informe 39/2010, CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 229 In 2012, the CGR began working with the CAIGG; previously no such relationship existed. At present, the CGR is preparing an agreement with the CAIGG to work more closely together. Underpinning this decision is the recent attention by the CGR not to overburden internal audit units with different requirements. This work is being led by a CGR committee comprised of the heads and deputy heads of divisions, with the External Control Technical Unit co-ordinator serving as secretary. Communicating with stakeholders other than auditees and internal audit SAIs are key pillars of democratic governance and play a pivotal role in enhancing public sector performance, emphasising the importance of the principles of good governance, transparency and accountability (INTOSAI, 2010e). Their work empowers the legislature and citizens to hold government accountable by reducing information asymmetries. However, SAIs do not act alone in supporting good public governance. INTOSAI (2010a) “Principles of Transparency and Accountability” state that SAIs should report publicly on the results of their audits and on their conclusions regarding overall government activities (Principle 7); and communicate timely and widely on their activities and audit results through the media, websites and other means (Principle 8). INTOSAI (2010e) “Johannesburg Accord” notes that, in order to provide value and benefits to society, SAIs should enable those charged with governance as well as the legislature to discharge their different responsibilities in responding to audit findings and recommendations and taking appropriate corrective action. The effectiveness with which SAIs fulfil their role of holding government to account for the use of public money not only depends on the quality of their work, but also on how effectively they are working in partnership with the accountability functions of the executive and legislature in making use of audit findings and enacting change. However, engagement should not seek to reduce the SAI’s independence, even when it acts as an agent of the legislature and performs audits on its instructions (INTOSAI 1977, Section 9). The CGR developed a communication plan to strengthen corporate positioning among external audiences. As part of this strategy, the CGR has put in place a formal structure and working procedures to improve the effectiveness of its communication activities and to create better awareness of its institutional role among its stakeholders. Although the communication strategy seeks to be aligned with the CGR’s strategic plan, it has yet to be clearly linked to the CGR’s annual audit programming and does not clearly identify the institution’s audiences. Moreover, whereas the CGR consulted with the media in the formulation of the strategy, representatives from the executive and legislative branches were not consulted. Moreover, the current communication strategy is heavily focused on media and does not include reference to the executive or the legislature. The underlying reasons for this are mixed. On the one side, the CGR notes that the legislature and executive are seen as habitual users of the CGR’s work; on the other hand, the CGR values its position as an autonomous entity and its function as the external auditor of the executive. However, if not managed carefully, engagement with the media can equally affect the independence and objectivity of SAIs (Bringselius, 2013). The CGR’s communication activities and efforts to engage citizens are heavily reliant on the Internet and social media and do not focus on reducing barriers to information. The CGR’s website is a key instrument to reach its audiences, communicate its activities and disseminate its findings. In 2010, the CGR made its databases on legal opinions, CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 230 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE jurisprudence and audit reports publically available. The CGR also publishes the agendas of the Comptroller General and its other senior officials online to enhance communication. The SAI of Chile is also one of a number of SAIs in OECD and partner countries that use social media, including Twitter, Facebook and YouTube, to interact with external stakeholders. Moreover, in 2012 the CGR launched a portal, CGR and Citizens (Contraloría y Cuidadano), to enable citizens to register complaints and make suggestions for audits online. However, the CGR could solicit feedback on its website from users to make it more accessible. Likewise, the CGR could engage its stakeholders in the design of the website in order to make the content more user-focused and interactive. Moreover, it could explore using social media to invite and incite interaction with stakeholders. In 2008, the CGR and Public Prosecutor (Fiscalia) signed an agreement of co-operation related to public sector integrity and the fight against corruption. The agreement included a commitment to use a standardised template by the CGR when transmitting criminal cases for investigation by the Public Prosecutor and for the Public Prosecutor to access declarations of public official’s interests that are maintained by the CGR. In addition, the agreement facilitates the participation of CGR officials, such as providing information, statements before the judges and participating in criminal trials, in cases being conducted by the Public Prosecutor. In 2008, the CGR, together with the Supreme Court (Corte Suprema), the Constitutional Tribunal (Tribunal Constitucional), the Public Prosecutor and the State Defence Council (Consejo de Defensa del Estado), also signed an agreement of co-operation aimed to prevent corruption. This agreement included the sharing of information on different matters related to the prevention of corruption in the courts and the entities they represent as well as the development of training activities for their officials.6 As a specific deliverable of this agreement, an anticorruption web portal was launched in July 2013 (www.anticorrupcion.cl). The CGR has sought to strengthen institutional co-operation with the criminal justice system to support the enforcement of criminal and corrupt practices identified through audit work. Moreover, the CGR has formulated internal guidelines to improve the timeliness of processing requests from the Congress and its members. However, the CGR has focused limited attention to co-operation with the legislature and central executive authorities. The preliminary recommendations of this section centre upon: linking the communication strategy to annual audit programming, balancing attention to different public entities broadening the communication strategy to define audiences and how they access information on audit activities and findings focusing specific attention to the Congress, its commissions as well as the country’s municipal councils exploring measures to overcome barriers and constraints facing core stakeholders’ understanding and access to information undertaking specific measures to overcome barriers and constraints attributed to the country’s digital divide. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 231 Clearly link the communication strategy to annual audit programming, giving attention to specific target audiences and the communication mix The CGR formulated its first communication plan in 2011 to strengthen the institution’s standing (CGR, 2011b). The plan’s objectives include: i) aligning communication activities with the institution’s mission, vision and values; ii) reinforcing the CGR “brand” as a pillar of legality and integrity, excellence and value; iii) increasing the quality of the CGR communication with its main audiences; iv) strengthening links with stakeholders through a variety of communication products; v) increasing the knowledge of target stakeholders about the CGR; vi) creating an image of the CGR as an institution that is undergoing a process of modernisation. The plan establishes a number of objectives and targets to be achieved over a period of three to four years. The goals contained in the CGR’s plan relate to the consolidation of responsibilities for internal and external communications, the establishment of processes for internal co-ordination, the alignment of the communication and strategic objectives, and the development of new products and materials (Table 4.8). The CGR’s communication plan was formulated drawing upon a content analysis of media coverage and discussions with representatives of the media and senior CGR officials. The formulation of the communication plan was the first time that the CGR had undertaken a content analysis of its media coverage – focusing on the previous six-month period (i.e. March to September 2011). Previously, the CGR only recorded articles about itself in the media, collected by a contracted third-party. The content analysis of the media coverage was conducted by communication consultants. The work revealed that the CGR’s media profile was generally positive but that its image was one of an investigator of irregularities in the public administration and a source of valuable data and information. It also found that the CGR was sometimes viewed as a scapegoat for shortcomings in the public administration, attributed to its ex ante control of legality, the toma de razón as it is referred in Chile. Discussions with representatives of the media sought to solicit opinions and suggestions regarding improving the CGR’s positioning and to receive feedback on the communications plan. Formal discussions with representatives of the media have continued since and the CGR proposes to continue them in the future. In 2012, 26 meetings were held with the media – 20 in Santiago and 6 in different regions – which were attended by opinion leaders, including 70 directors, editors and reporters. CGR directors, regional comptrollers and officials in key areas were also involved in the formulation of the communications plan through interviews and workshops in 2012. The CGR did not solicit input from representatives of the executive and legislative branches in the formulation of the CGR’s communication plan. The underlying reason for this was because the CGR values its position as an autonomous entity and its function as the external auditor of these entities. However, the communication plan could be strengthened if it were linked to annual audit programming and by developing an understanding of specific target audiences. In recent years the CGR has made changes in annual audit programming to ensure top-down prioritisation of audit assignments and using a more holistic approach of public entities and government programmes. Annual audit programming is based on broad definition of materiality including dimensions of the government’s priorities and social significance of programmes and not just financial value. The CGR has developed risk indicators to formulate the scope of individual audit engagements. Audit programming is linked to CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 232 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE resourcing decisions and enables the CGR to know in advance which entities and what subject will be audited. Table 4.8. Office of the Comptroller General of the Republic of Chile’s communication plan targets Goal Target Immediate targets To adapt the structure and management of the Communications and Public Relations Department to support the objectives and targets of the Communications Plan 6 months To transform the Communications and Public Relations Department into an area of value to the institution (measurable by its positioning and increasing quality of its work) 1 year To establish and implement job descriptions for officials employed in the Communications and Public Relations Department 1 year To establish a system of internal co-ordination among the CGR’s divisions and regional offices 6-12 months that optimises communication management To reinforce the core corporate message 6-12 months To create a strategy to link the Comptroller General with the media, in order to disseminate the 1 year institution’s strategic objectives To create materials that bring the CGR and the citizen closer 6-12 months To create materials that support the CGR “brand” 6 months To encourage new communication products of value 6-12 months To raise the standard of the existing communication products 6 months To establish a system to monitor issues communicated through social networks 6-12 months Important targets To align the CGR around the institution’s core message 1 year To establish a system to co-ordinate and create messages of value from the regional offices 1-2 years To transform the CGR’s website into an effective channel of communication with citizens, with clearly differentiated formats, approaches and content for different audiences 1 year To develop a Media Training Plan for certain second-line CGR officials on matters defined by the Comptroller General 1-2 years To create activities of particular interest for CGR units, such as the International Relations and Co-operation Unit, to disseminate good practices with other supreme audit institutions 1-2 years To create a specialised unit responsible for institutional events, with unified standards of protocol and supporting material 1 year To create a calendar of institutional events and its corresponding resource needs, well in advance 1 year To create a culture of planning, follow up and evaluation in the Communications and Public Relations Department 1 year Transcendental targets To establish different format communication products (e.g. digital area, annual reports, newsletters, social media) for different audiences 2-3 years To formulate and implement manuals for graphics, protocol, web publication and crisis management 2 years To reformulate the Communications Plan according to urgent and important targets already reached After 2 years To have a digital channel with regular programming (e.g. specialised seminars, interviews with senior officials), open to external audiences 2-4 years Source: CGR (2011), “Strategic communications plan: Proposal to strengthen corporate positioning in both external and internal public”, CGR Communications and Public Relations Department, December, unpublished chapter. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 233 In addition, the CGR has introduced national and transversal audit programmes (programas nacionales, PNAC, and programas transversales, PTRA, respectively). The national audit programme focuses on the same subject within a single central public entity that has activities throughout the entire country. These audits apply the same procedures in a number of the central public entity’s units spread across the country. A single lead audit unit prepares the audit plan and the preliminary and final audit reports and partner audit units play a supporting role and conduct the audit procedures in their respective jurisdiction. Transversal audits focus on the same subject across a range of centralised and decentralised entities that share a common hierarchical or financial dependence with the same central public entity. Each audit unit prepares its own preliminary and final audit report with a single lead audit unit preparing a consolidated report for the central government entity. Broaden the communication strategy to define audiences and how they access information on audit activities and findings The current communication strategy does not include reference to the executive or the legislature.7 The underlying reasons for this are mixed. On the one side, as noted previously, the CGR notes that the legislature and executive are seen as habitual users of the CGR’s work; on the other, the CGR values its position as an autonomous entity and its function as the external auditor of executive. Moreover, whereas the CGR consulted with the media in the formulation of the strategy, representatives from the executive and legislative branches were not consulted. The absence of discussion with the executive and legislature in the development of the CGR’s communication strategy is similar to the matter of formulating audit reporting guidelines discussed earlier in this chapter. The CGR could also seek to clearly define its primary and secondary stakeholders and audiences and how they access information on audit activities and findings. The CGR’s communication plan does not contain clear institutional definitions of its stakeholders and audiences. The CGR Communications and Public Relations Department refers generally to its audiences as all individuals who benefit from, or are affected by, the CGR, making reference to government officials, regulators, peers, non-governmental organisations, opinion leaders, counterparts, media and government suppliers. Broad groupings of audiences are less likely to result in an effective communication strategy. More detailed definitions of positions within these broad categories and knowledge of their concerns can make grouping these audiences into categories of primary, secondary and other for individual audit themes and/or assignments. Nevertheless, the CGR has many sources of information that can be used to deepen its understanding of its stakeholder’s interests. These sources of information include: i) requests for information, special investigations and audit suggestions made through the CGR’s website, the “Comptroller General and Citizens Portal”, Information Access Unit and directly to the Communications and Public Relations Department; ii) complaints and reports made in person through the General Records Office, Assistance to Users Office (ATUS) and the CGR’s call centre; iii) information administered by the Chief of Staff to the Comptroller General, who manages requests and co-ordinates meetings with the Comptroller General from the executive, legislature and other stakeholders; and iv) interactions with, and activities to monitor, the national media. The CGR could also explore utilising the knowledge of the CGR’s audit executives, audit supervisors and auditors – and in the process incorporating knowledge and understanding of stakeholders in the performance evaluations of these officials. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 234 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Focus specific attention to the Congress, its commissions as well as the country’s municipal councils, in refining the communications strategy As a part of its oversight functions, the Congress examines the execution of the state budget and it is common in OECD countries for the legislature to either formally (as in the case of a discharge procedure) or informally (implicitly) give a political opinion on the way the executive has executed the budget (OECD, 2002a; 2002b; 2013). Enhancing the CGR’s communication with Congress can further contribute to this crucial budget oversight function. In addition, political attention from the Congress can also help to put adequate pressure on government, if necessary, and contributes to a favourable environment for follow up on audit observations. Scholars have identified a number of factors that should enable the Congress to more effectively participate in accountability and policy making, a function that is weaker in comparison compared with other legislatures in Latin America given its strong presidential political system. Chile has a high re-election rate of members of congress, which translates individual knowledge into institutional expertise. Mean experience of Chilean deputies has steadily increased from 2.4 years in 1994-97 to 6 years for 2010-14. Congress’ committees system closely mirrors the structure of the Cabinet, unlike in Brazil and Costa Rica where there are far fewer legislative committees than executive posts, and Mexico and Peru where there are far more. The Chamber of Deputies has 24 and the Senate 21 permanent commissions (Table 4.9).8 Moreover, Chilean deputies belong, on average, to less than two specialised committees. The budget of the National Congress almost tripled in real terms between 1991 and 2011 from CPL 33.1 billion and CPL 90.1 billion with expenditure on personnel almost quadrupling (Saiegh, 2010; Palanza et al., 2012). Table 4.9. Permanent committees within the Chilean Congress Senate 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Chamber of Deputies Government, Decentralisation and Regional Development Foreign Relations Constitution, Legislation, Justice and Regulation Economy Finance Education, Culture, Science and Technology National Defence Public Works Agriculture Environment and National Resources Labour and Social Security Health, Mining and Energy Housing and Urban Development Transport and Telecommunications Human Rights, Nationality and Citizenship Maritime Affairs, Fisheries and Aquaculture [Internal Senate] Reviewing of Accounts Internal Affairs Senate Ethics and Transparency Future Challenges 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Home Affairs and Territorial Development Foreign Affairs, Inter-Parliamentarian Affairs and Latin American Integration Constitution, Legislation and Justice Education, Sports and Recreation Finance National Defence Public Works, Transport and Telecommunications Agriculture, Forestry and Rural Development Natural Resources, National Goods and Environment Health Employment and Social Security Economy, Promotion and Development Housing and Urban Development Human Rights, Nationality and Citizenship Family Science and Technology Fisheries and Maritime Affairs Micro, Small and Medium Enterprises Extreme Zones Citizen’s Security and Drugs Culture and Arts Poverty Reduction, Planning and Social Development Mining and Energy Internal Regime, Administration and Rules Source: Adapted from www.diputados.cl and www.senado.cl. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 235 The National Congress has a permanent Special Joint Budget Commission responsible for oversight and monitoring of the use of budgetary resources by the executive, as established by the Organic Constitutional Law of the National Congress (Law 18 918). This special commission involves the members of the Chamber of Deputies and the Senate’s finance commissions, similar to oversight committees in bicameral legislatures, i.e. Australia, Brazil and Italy (Table 4.10). Until 2003, this joint commission was a temporary body established in September each year to analyse and support discussion of the state budget with the right to continue operations for the sole purpose of monitoring execution of the Budget Law during the respective budget year until the next special joint commission is set up and must report on the new draft Budget Law. A 2003 amendment to the Organic Constitutional Law of the National Congress made the joint commission a permanent body (Law 19 875). The Special Joint Budget Commission has five subcommittees covering: i) economy, planning, finance and state treasury; ii) defence, control, presidency, government; iii) health, labour, justice, foreign affairs; iv) education, interior, housing, legislative power; and v) public works, agriculture, transport and mining. The Special Joint Budget Commission and its five subcommissions are supported by a dedicated secretariat. This secretariat collects, organises and updates information on budget execution and the financial management of public entities. The secretariat’s work is also shaped by “protocols of agreements” between the legislative and executive. Through these protocols, which have existed since 1997, the executive agrees to undertake certain actions, e.g. fiscal transparency, public sector efficiency, native forest, agriculture, regional investment, solid waste treatment, educational subsidies, employment programmes, support entrepreneurship, mental health, indigenous development, telecommunications. Topics included in the protocols have often been incorporated into the Law of State Financial Administration (Bustos, 2011). However, the secretariat faces a number of challenges that closer co-ordination and co-operation with the CGR could help to overcome. Among the secretariat’s challenges are: i) restricted access to budget information, especially one that involves a greater level of disaggregation (i.e. regional distribution, government programmes, etc.); ii) no software or information system according to the nature of the work to maintain databases, provide reports, etc., in an expeditious manner with no legal authority to request information; iii) lack of staff, both professionals and technical support staff, which reduces the scope and depth of analysis and excessive dispersion of the studied subjects prevents staff from specialising in certain areas (Bustos, 2011). The CGR’s communication with and engagement of the Congress are limited to the presentation and discussion of the CGR’s annual budget; the presentation of the CGR’s annual report containing information on budget resources and activities; and attendance of the Comptroller General in select commission meetings (Figure 4.2). The CGR does not have any officials permanently located in the Congress nor any officials seconded to the secretariat of legislature or its commissions.. The CGR does not present major audit reports or combined analysis of individual audit reports based on common findings, trends, root causes and audit recommendations – rather all audit reports are available through the Internet and social media. Moreover, where there is a relationship between the CGR and Congress it is with the committees and members and not the analytical support staff for the various committees. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 236 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Table 4.10. Legal basis, composition and leadership of centralised and co-ordinating (hierarchical) public financial oversight committees in Chile and selected countries Country Australia Brazil Chile Costa Rica Denmark Israel Italy Korea Mexico Peru Portugal South Africa Spain Name Joint Committee of Public Accounts and Audit Planning, Budget and Oversight Joint Committee Special Joint Budget Commission Revenue and Expenditure Control Public Accounts Committee Referring chamber Joint A. Basic information Establishing Established authority Statutory 1913 Responsible for ex ante budget oversight No Size 16 B. Composition and leadership Party Chair proportionality Yes Ruling party Committee term 3 years Joint Statutory 1988 Yes 40 Yes Voted internally 1 year Joint Statutory 2003 Yes 26 Yes Voted internally 1 year x (unicameral) x (unicameral) Standing Statutory 1991 1849 No No 7 6 Yes Yes Voted internally Voted internally State Control Committee Committee of Budget, Treasury and Planning Special Committee on Budget and Accounts Superior Audit Office Oversight Committee Budget and National Financial Statements Committee Budget Committee x (unicameral) Joint .. Standing 1974 .. No Yes .. Yes .. Voted internally x (unicameral) Standing 1948 Yes .. 46 (lower) + 25 (upper) 50 1 year Members 4 years, Chair 1 year .. Legislative term Yes Voted internally Legislative term Lower Standing 2000 No 30 Yes Opposition x (unicameral) .. 2004 No 17 Yes Ruling party Legislative term (3 years) 1 year x (unicameral) Statutory .. Yes 21 Yes Voted internally Standing Committee on Public Accounts Joint Committee for Relations with the Court of Audit Lower Statutory 1995 No 16 Yes Opposition Joint Statutory 1983 No 45 Yes Voted internally Legislative term (4 years) Legislative term (5 years) Legislative term (4 years) Notes: x = Not available; .. = Missing data. Denmark: Committee members are appointed by yhe Danish Parliament, but do not necessarily have to be members of parliament. Members of the Public Accounts Committee cannot be dismissed during their four-year term of office. The chair is selected based on the member with the greatest seniority, though the committee may choose a different practice. The powers of the chairperson are limited, because the committee members act collectively. Italy: The committee members elect the committee chair from among themselves. Portugal: Formally, the committee members elect the committee chair from among themselves. In practice, the committee chairs are divided proportionally between the parliamentary groups of parties represented in the legislature. Source: Buzaljko, K., A.M. Marlene, A. Tamasan and F. Verkaart (2010), “Public financial oversight: A comparative analysis of parliamentary committees across Europe”, Maastricht Graduate School of Government; Parliament of Australia (n.d.), “Committees”, Commonwealth of Australia, www.aph.gov.au/parliamentary_business/committees; Statsrevisorerne (2012), The Public Accounts Committee of the Danish Parliament, Statsrevisorernes Sekretariat, Folketinget, Christiansborg. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 237 Figure 4.2. Attendance by the Comptroller General in the National Congress’ permanent committees 20 18 16 14 12 10 8 6 4 2 0 2007 2008 2009 2010 2011 2012 Source: Adapted from CGR (2008, 2009b, 2010b, 2011c, 2012c, 2013b), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. In addition to focusing on the Congress, the CGR could also draw specific attention to the municipal councils (concejo municipal). These councils are responsible for budget, concessions, local ordinances and public service delivery. Municipalities have the autonomy to administer their own finances. The sources of municipal finance include transfers from the regional government in which the municipality is located, local fines and fees, and the municipality’s participation in the Common Municipal Fund. The CGR has the authority to audit municipalities (see Chapter 1). Municipal councils are comprised of six to ten councillors, including a mayor, depending on the municipal population, that are elected every four years. The councils have far less in the way of resources compared to the Congress. Explore measures to overcome barriers and constraints facing core stakeholders for understanding and accessing information The CGR’s website is a key instrument to reach its audiences, to communicate its main findings and to disseminate its products. Since 2007, the CGR has made the agenda of the CGR’s authorities publically available on the institution’s website. The CGR’s authorities include the Comptroller General, Deputy Comptroller General, division heads and regional comptrollers. The agendas include information such as meetings, hearings, visits and formal events, among others. Since 2010, the CGR has made its databases on legal opinions (dictamines) and its audit reports publically available. Legal opinions are specialised judgements on legal matters issued by the CGR which are mandatory for ministries and services under CGR oversight. Audit reports are the means to communicate the findings of audit engagements to the corresponding auditees. Previously, it was necessary to pay to access the CGR’s databases and reports or to submit a request in person to the CGR to access copies of legal opinions and audit reports. These changes have resulted in a substantial increase in web traffic to the CGR’s website, from approximately 5 000 unique visitors each month in the beginning of 2007 to approximately 25 000 unique visitors each month in the beginning of 2013 (Figure 4.3). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 238 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Figure 4.3. Office of the Comptroller General of the Republic of Chile’s website traffic 35 000 30 000 25 000 20 000 15 000 10 000 5 000 0 ene-07 may sep ene-08 may sep ene-09 may sep ene-10 May Sep ene-11 May Sep ene-12 may Sept ene-13 Source: Office of the Comptroller General of the Republic. The CGR could consider engaging and soliciting input from stakeholders in the future development and updating its website in order to ensure that it is accessible and user friendly. In April 2012, the CGR’s website was redesigned in order to make it more user friendly to the general public. This has been complemented by efforts to strengthen corporate communication among external audiences since 2011 through the implementation of a communication plan. This plan has sought to: i) raise the quality of the messages transmitted to the CGR’s main audiences through existing and new channels (e.g. press notices, Internet, institutional publications); ii) establish links with stakeholders through a variety of communication products; and iii) increase knowledge of the CGR among segmented audiences (CGR, 2011b). However, the CGR did not engage any stakeholders in the revision of its website. The process was done internally. In the preparation of the future web portal Contraloría y Ciudadano, the CGR has convened focus group exercises to inform its design. The SAI of Chile is one of a number of SAIs in OECD and partner countries that use social media – including Twitter, Facebook and YouTube – to interact with its stakeholders. Of the benchmark SAIs for this study, only Australia, Brazil, Chile, Mexico, Peru and the European Court of Auditors use Twitter as a proxy for the use of social media by government.9 In comparison, central government institutions in many OECD and key partner countries use Twitter to engage with the public (Table 4.11). The CGR’s use of social media should be seen in light of the emphasis on social media more generally in Chile. For example, almost 400 000 “followers” of the government of Chile (Gobiernodechile) represent over 2% of the population, making it the second most popular central government institution across the OECD (OECD, 2012a). The popularity of social media in Chile is influenced by a high share of Twitter users among the domestic population and the Chilean government’s clear and proactive strategy towards social media. This strategy consists of several components that provide information and dedicated assistance to public entities to use social media in engaging their stakeholders, including: i) a 2010 government circular explicitly encouraging the use of social media by public entities; ii) embedding the use of social media in the government’s e-government strategy for 2011-14; and iii) specific assistance on how to use social media in the government’s digital guide (guía digital) (OECD, 2012b). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 239 Table 4.11. Twitter accounts of government and supreme audit institutions in Chile and selected countries Country Supreme audit institution Centre of government Australia ANAO_Australia .. Brazil TCUoficial imprensaPR; blogplanalto Chile Contraloriacl gobiernodechile Costa Rica None .. Denmark None .. European Union EUAuditorsECA EU_Commission (European Commission) Israel None Israelgov (government); Israelipm (head of government) Italy None .. Korea None BluehouseKorea (head of state); PrimeMinisterKR (head of government) Mexico ASF_Mexico PresidenciaMX (head of state); GobFed (government) Peru ContraloriaPeru Prensapcm (cabinet) Portugal None Govpt (government); Presidencia (head of state) South Africa None PresidencyZA Spain None desdelamoncloa Notes: .. = Missing data. Australia: The Australian government does not have its own Twitter account, but has an extensive number of accounts specific to programmes and entities, such as AusFamilies and eHealthAus. Source: Adapted from OECD (2012), “OECD e-Government Project: Social media use by governments: Focus on Twitter”, GOV/PGC/EGOV(2012)6, OECD, Paris. Figure 4.4. Twitter activity of supreme audit institutions in Chile and selected countries Tweets 18 000 16 000 14 000 12 000 10 000 8 000 6 000 4 000 2 000 0 15 807 906 Peru Followers 14 494 1 475 Brazil 2 503 1 825 1 732 1 694 Chile Mexico 579 1 260 145 483 European Court of Auditors Australia Notes: Data accessed 17 July 2013. Source: Based on a review of the SAI s’ Twitter pages. To invite and incite interaction, the CGR could choose to “package” content in a way that makes it easier for users of social media to react and interact. The CGR currently uses Twitter to communicate the static links to access audit reports and press releases, as well as information on the agenda of the Comptroller General. Where the CGR uses hashtags (#) in its messaging, it does so to categorise the types of CGR communication. The CGR uses #informecontraloria and #agendacontralor to distinguish whether tweets are related to audit reports or the activities related to the Comptroller General, respectively. These constitute a relatively weak indicator of interactivity as they only facilitate the downloading of a report or provide one-way communication. While this CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 240 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE does generate interaction, mostly with journalists and policy communities, reaching citizens more generally may require different approaches. Packaging content may be achieved through a broader use of hashtags, mentions, replies and retweets. For example, hashtags could be used to link its tweets to broader conversation among Twitter users and communities about public governance issues. Mentions could also be used to address CGR tweets to specific Twitter channels and their followers. For example, the CGR’s tweets about audit and special investigation reports could mention the specific public entities and municipal governments to which they relate. A CGR tweet regarding the Comptroller General’s participation in a government seminar could mention the entity which is arranging the event. This does not currently happen. For example, an April 2012 CGR tweet about a special investigation in Arica did not link to the Twitter profile of the municipality (@MuniArica).10 An April 2012 CGR tweet regarding the Comptroller General’s speech at a seminar on transparency did not link to the Twitter profile of the organising entities (e.g. @Segpres and @DefensorCHILE).11 Moreover, the CGR could consider adapting content to communicate messages rather than activities and to provide information on services to citizens. The CGR focuses its Twitter activity to “repackage” press releases and the agenda of the Comptroller General. While this does generate interaction, mostly with journalists and policy communities, to reach citizens more generally, a solution could lie in issuing more statements about topics. Moreover, the CGR could also use Twitter to raise awareness of digital channels of interaction, such as the Comptroller General and Citizens (Contraloría y Cuidadano) portal. This portal, discussed in the following section, enables citizens to register complaints and to make proposals for audits. Moreover, content on Twitter could be more aligned with that of the CGR’s Facebook and YouTube channels. Undertake specific measures to overcome barriers and constraints attributed to the country’s digital divide Internet access and broadband connection in Chile is approximately 25% of households, lower than the OECD average of 67% (Figure 4.5). Broadband is available in at least 60% of households in four-fifths of OECD countries (OECD, 2012a). Since 2005, the number of mobile phone subscriptions worldwide (voice and/or data) has doubled, with particularly strong growth in non-OECD countries where the number has tripled. The shift to accessing the Internet via a mobile device is a key trend since 2010, and the evolution of Smartphones has changed the surfing behaviour of individuals. Across the OECD, 39% of citizens used the Internet to obtain information from the public authorities’ websites in 2011 (Figure 4.6). However, these statistics are often skewed by specific areas of the administration, such as the tax administration, and are not always representative of the public administration as a whole. The gap between Internet penetration rates among high-income and low-income households is narrowing in some OECD countries, but remains wide (Figure 4.7). Consulting and facilitating participation with stakeholders other than auditees and internal audit The preliminary recommendations of this section centre upon: ensuring that responding to the requests of the Congress and citizens does not crowd out resources for other audit and non-audit assignments CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 241 consulting stakeholders throughout the audit cycle, including the design of audit criteria and the evaluation of audit reports engaging key executive authorities in discussions about the main challenges facing good public governance. Figure 4.5. Internet access and broadband connections in OECD households in Chile and selected countries 2011 or latest available year Internet Broadband % of all households 100 80 60 40 20 0 Korea Denmark Australia (a) OECD34 Israel (a) Spain Italy Portugal Chile (b) Mexico (a) Notes: Internet access at home is via any device (desktop computer, PC, TV, mobile phone, etc.). Broadband connection stands for the use of technologies such as DSL, fixed wire (cable, fibre, Ethernet, etc.); fixed wireless refers to satellite, public Wi-Fi, WiMax; and mobile connection to 3G/UMTS, etc. Household refers to domiciles with at least one person aged 16-74. Australia: Only includes private dwelling households. Households in remote and sparsely settled parts of Australia are excluded from the survey. Israel: The Household Expenditure Survey does not distinguish between broadband and other bandwidth Internet channels. Korea: Internet access through mobile phone, TV and game consoles are also included. Mexico: Households with Internet access via cable, ADSL or fixed wireless. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Source: Adapted from OECD (2012), OECD Internet Economy Outlook 2012, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086463-en. Figure 4.6. Individuals using the Internet to obtain information from the public authorities’ websites in Chile and selected countries 2011 or latest available year % of all individuals 100 80 60 40 20 0 Denmark OECD34 Spain Chile (b) Portugal Korea (a) Italy Mexico (a) Note: Data in this figure refer to Internet use in the last 12 months for all countries. Individuals aged 16-74 years. Source: Adapted from OECD (2012), OECD Internet Economy Outlook 2012, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086463-en. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 242 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Figure 4.7. Household Internet access by income in Chile and selected countries 2011 or latest available year High income (top quartile) 100 Low income (bottom quartile) 80 60 40 20 0 Korea (a) Denmark Australia (c) Spain Portugal Israel (b) Italy Chile (b) Notes: Korea: The survey is not organised by quartile. Top income quartile corresponds to income of more than KRW 300 million, and bottom income quartile corresponds to income of less than KRW 100 million. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Source: Adapted from OECD (2012), OECD Internet Economy Outlook 2012, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086463-en. Ensure responding to the requests of the Congress and citizens does not crowd out resourcing for other audit and non-audit assignments In January 2012, the CGR issued internal guidelines to centralise the processing of requests for special investigations from the Congress and its members received by the regional offices. The CGR Organic Law states that the institution will give preference to complaints made or investigations requested by the Chamber of Deputies (Law 10 336, Art. 1). These requests may come from either of the chambers of Congress or an individual member of Congress. The CGR does not formally differentiate between how it processes requests for investigations from Congress or its individual members with those from an executive authority or the general public. Under the new guidelines, the Cabinet of the Comptroller General reviews and delegates responsibility for examining for all special investigations from the Congress and individual members. Following the approval of the analysis, the Comptroller General signs the response to the Congress, and the Comptroller General’s chief of staff transmits it with the respective regional comptroller to respond to the Congress. In September 2012 the CGR launched a portal – CGR and Citizens – to engage citizens in the work of the CGR. The portal enables citizens to register complaints and make audit suggestions through online forms specially designed for this purpose (Box 4.4). Complaints are statements by which citizens can make known to the CGR information related to one or more specific events involving possible irregularities committed by a public official or public entity. Suggestions for audits enable citizens to provide information on issues or public entities that they would like to see audited and the reasons why. The CGR and Citizens Portal puts online a service which the CGR previously provided to citizens in person. Previously, citizens could submit a complaint or an audit proposal to the CGR’s general office (oficina general de partes) in its headquarters in Santiago or each of the institution’s 14 regional offices. In addition, the portal allows citizens to: i) check the status of complaints and audit proposals, using a number provided to them; ii) review information and statistics regarding the complaints and audit suggestions; and iii) access frequently asked questions regarding the CGR’s CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 243 activities, the difference between complaints and audit suggestions and what entities are subject to the CGR’s control. Figure 4.8. Office of the Comptroller General of Chile’s processing of special investigations requested by members of the Congress Special Investigations Procedures Required by Parliament Office of the Comptroller General (Cabinet) Regional Offices Parliamentary Request Cabinet assess the request and assignment Request Within 5 business days Classification of Request Sends request to the Cabinet by email Cabinet Decides ? Designated executor at central or regional level Special investigation begins Special Investigation Report sent, along with letter of response to Parliament Sent via SISTRADOC Reviews Special Investigation report Within 8 business days To Regional Offices REPORT To Central Office Warning when it is a matter of national attention Comptroller General sends response to Parliament Chief of Cabinet distributes copies of the report to those involved Copies of report are distributed to those involved The regional office is informed that Cabinet has completed the request Sends to Cabinet for distribution Sends to Cabinet for distribution Source: Adapted from CGR (2012), “Informe final: Procedimiento de tramitación de presentaciones de parlamentarios [Final report: Procedure for responding to parliamentary requests]”, Cabinete del Contralor General Unidad Técnica Control Externo, CGR, Santiago, January. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 244 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE The CGR incorporates resourcing for congressional requests for special investigations and citizen’s complaints and make audit suggestions in its annual audit programming. This resourcing is allocated through an allocation for Unpredictable Demand (Demanda Imprevisible, DIMP) for each individual external control unit. For FY 2013, the maximum allocation for Programmes of Unforeseen Demand was set at 20-45% of total staff time, depending on the UCE. Figure 4.9. Office of the Comptroller General of the Republic of Chile’s special investigations Congress Other (executive authorities, citizens, internal CGR requests) 100% 80% 60% 2 063 3 799 502 792 2 802 528 40% 20% 233 266 0% 2007 2008 144 2009 156 101 2010 2011 164 2012 Source: Adapted from CGR (2008, 2009b, 2010b, 2011c, 2012c, 2013b), various Cuenta Pública Contraloria General de la República [Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. Figure 4.10. Complaints and audit suggestions received through the Office of the Comptroller General of the Republic of Chile and Citizens’ Portal (Contraloría y Cuidadano) Complaints Suggestions of audits 300 250 200 150 100 50 0 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13 Jul-13 Source: Office of the Comptroller General of the Republic of Chile. Consult stakeholders throughout the audit cycle, including the design of audit criteria and the evaluation of audit reports INTOSAI (2010a) “Quality Control for SAIs” states that an SAI should establish a monitoring process to provide management with reasonable assurance that policies and practices relating to quality control are relevant and adequate and are operating effectively. Where appropriate, the CGR may consider other means of monitoring the quality of its work, which may include, but not be limited to: independent academic review, stakeholder surveys, follow-up reviews of recommendations or feedback from audited organisations (e.g. client surveys). To effectively do so, the CGR should have procedures for dealing with complaints or allegations about the quality of the work it performs. Generally, SAIs should consider whether there are any legislative or other requirements to make monitoring reports public or to respond to public complaints or allegations related to the work carried out by the SAI. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 245 Box 4.4. Information that must be provided by citizens when submitting a complaint or an audit suggestion to the Office of the Comptroller General of the Republic of Chile Complaints Identification: first name*, father’s family name*, mother’s family name*, email*, occupation, telephone number, mobile number, address*, region* and, if acting on behalf of an organisation, the name and national identification number. Public service or public entity: region*, public service*, organisational unit. Period: Indication of the approximate period considered relevant to the complaint or other information that is considered relevant to the reported period*. Associated amount: In the event that the complaint involved public resources. Details of the complaint – selecting one of the following options from a check box menu: quality of service (calidad del servicio entregado), irregularities in the execution of contracts (irregularidades en ejecución de contratos), breach of function (incumplimiento de funciones), irregularities in financial management (irregularidades de orden financier), failure to respond to complaints (falta de respuesta a reclamos), unpaid receipt of goods/services (adquisición de bienes impagos), irregularities in procurement (irregularidades en licitaciones), breach of integrity (faltas a la probidad), matters related to personnel and remuneration (materias relativas a personal y remuneraciones), workplace harassment (acoso laboral), delivery of unpaid services (prestación de servicios impagos), other, and details regarding the complaint*. Supporting evidence: Information (e.g. pictures, documents, etc.) can be attached to support the proposal. Involved parties: If information about the people involved in the events described, please identify them (i.e. first name, father’s family name, mother’s family name, position or other title). Suggestions for audit Identification: first name, father’s family name, mother’s family name, email*, occupation, telephone number, mobile number, address, region and, if acting on behalf of an organisation, the name and national identification number. Public service or public entity: region*, public service*, matter* – selecting one of the following options from a drop down menu: quality of service (calidad del servicio entregado), breach of function (incumplimiento de funciones), failure to respond to complaints (falta de respuesta a reclamos), irregularities in procurement (irregularidades en licitaciones), irregularities in the execution of contracts (irregularidades en ejecución de contratos), unpaid receipt of goods/services (adquisición de bienes impagos), delivery of unpaid services (prestación de servicios impagos), matters related to personnel (materias relativas a personal), breach of integrity (faltas a la probidad), workplace harassment (acoso laboral), other – and details regarding the complaint*. Period of review: Indication of the approximate period considered relevant to the audit proposal or other information that is considered relevant to the reported period*. Reason: Why the entity should be incorporated into the next round of the CGR’s audit planning activities*. Supporting evidence: Information (e.g. pictures, documents, etc.) can be attached to support the proposal. Notes: * = Compulsory field. Source: adapted from Comptroller General and Citizens www.contraloria.cl/NewPortal2/portal2/ShowProperty/BEA%20Repository/Sitios/Ciudadano/Inicio. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 Portal, 246 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Box 4.5. Engaging citizens in the selection of audit topics: The experience of the Korean Board of Audit and Inspection The Korean Board of Audit and Inspection (BAI) has a long tradition of engaging citizens to shape audit engagements. For example, in 1971 the BAI established the Civil Petitions and Complaints Reception Center to receive complaints from taxpayers on the administration’s actions and information concerning the systematic abuse of public funds. Beginning in the late 1990s a number of reforms were introduced that increased the relationship between the BAI and citizens. The BAI introduced the Request for Audit on Public Interest in 1996 and the Citizen’s Request for Audit in 2002. In 2003, the BAI made all of its audit reports public available to enhance transparency in its works. In 2004, the BAI established an ombudsman system for private companies to report unreasonable difficulties in obtaining permissions/approvals from executive authorities. In 2005, the BAI established a dedicated investigation team to examine complaints and audit requests from citizens (a second dedicated investigation teams was also established to examine requests made by the National Assembly). Policy Advisory Committee and advisory groups The BAI has a Policy Advisory Committee, which serves as an advisory body for its chairman. The committee comprises experts from all walks of life who are active in civic groups. They offer advice on the BAI’s audit direction or on audit-related policies and communicate concerns and suggestions from external parties. Their ideas are purely suggestions and have no legally binding force. In addition to the Policy Advisory Committee, each of the BAI’s audit operations bureaus has its own advisory group. The groups’ members are primarily professors or representatives of respected research institutions who share their professional knowledge in relation to the BAI’s audits. Advance Notice Audit System To encourage citizen co-operation and participation, the BAI is implementing the Advance Notice Audit System to notify citizens in advance of the scope and timing of planned audits that may have a bearing on their interests. Using this system, the BAI can receive citizen complaints or information on poor practices of executive government organisations and reflect this information in its audits. The BAI receives much of this information through the Internet, which is widely used in Korea. Request for Audit on Public Interest and Citizen’s Request for Audit systems Request for Audit on Public Interest and Citizen’s Request for Audit systems enable information to be received by the BAI on possible irregularities and corruption committed by public institutions. In order to process a Request for Audit on Public Interest, the request must be signed by at least 300 persons over the age of 19. A Citizen’s Request Audit must also be signed by at least 300 persons over the age of 19. A citizen petition is provided for in the National Audit Act (Arts. 43-48). This law establishes that those whose rights or interests have been infringed upon because of illegal or unjust administrative actions taken by public entities subject to the BAI’s audit may institute an appeal. The BAI will examine the case, communicating the results of its examination to the individual who has made the claim and the head of the relevant agency. The head of the relevant agency must take measures according to the BAI’s decision. The individual may also file an administrative case against the relevant agency by reason of his dissatisfaction with the public entity’s measures. Civil Petitions Reception and Citizen Auditor System To address civil petitions that citizens lodge against executive government agencies, the BAI has established a Civil Petitions Reception function. Civil petitions may be filed with the BAI by letter, fax, e-mail or telephone. The BAI has a 24-hour, toll-free 188 hotline in place to receive all allegations of fraud, complaints and civil petitions. About 7 500 reports were filed through the 188 hotline in 2004. Some local governments have introduced a Citizen Auditor System to address grievances and complaints filed by citizens. A citizen auditor who is not a public official is appointed and serves as an auditor for a certain period to review petitions. The citizen auditor conducts audits, if necessary, and notifies petitioners of the audit results. Source: Adapted from Moon (2006), “Partnership between SAI and CSO – Korean experience: The Korean experience”; BAI (2009), “BAI”; BAI (2013), “The White Paper of Audit Request and Petition of BAI: BAI communicating with Citizen” (Korean) www.bai.go.kr. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 247 Engage key executive authorities in discussions about the main challenges to strategic agility and trust in government The CGR could engage executive authorities responsible for core management functions such as budgeting, human resources and regulatory management in discussions on governance challenges. In addition to the CAIGG, the Chilean public administration has a number of central authorities responsible for different management systems. These include the Ministry of the General Secretariat of the Presidency, the Ministry of Finance’s Budget Directorate, the National Civil Service Directorate and the Ministry of Interior’s Undersecretariat for Regional Development (Table 4.12). Table 4.12. Executive authorities within the Chilean public administration responsible for different management systems Executive authority Description Ministry of the General Secretariat of the Presidency (SEGPRES) Has the legal mandate to enforce the government programme and the main commitments of the President. The SEGPRES is comprised of the Secretariat of State in charge of making and co-ordinating functions directly advising the President, the Minister of the Interior and to each of the ministers, without altering its powers by providing, inter alia, of the information and political analysis technical requirements for the adoption of appropriate decisions. It shall: – provide advice to the President of the Republic, the Minister of the Interior and to each of the ministers, in political, legal and administrative matters, as well as advise the President and the Minister of Home Affairs and other ministers, where required, in the government’s relations with the Congress, as well as with political parties and social organisations and institutions national life, in co-ordination with the General Secretariat of Government – encourage the achievement of effective co-ordination of the overall governance programme – act “By order of the President of the Republic”, jointly with other ministries, and through them, with the departments and agencies of the state administration – conduct short- and medium-term studies and analysis relevant to policy decisions and for consideration by the President of the Republic and the Ministry of Interior – report to the Minister of the Interior regarding the need for innovations in the organisation and procedures of the state administration Ministry of Finance Budget Directorate (Dirección de Presupuestos, DIPRES) The Budget Directorate is the technical body responsible for proposing the allocation of financial resources of the state, guiding and regulating the process of budget formulation, and regulating and supervising the execution of public spending. The directorate’s mission is to ensure the efficient allocation and use of public resources in the context of fiscal policy, by implementing systems and tools of financial management, programming and management control. The Budget Directorate’s strategic objectives include: – estimating public sector revenues and projected performance and optimise the capability of mobilising resources for the achievement of the objectives of government action – improving co-ordination within DIPRES in processing bills – strengthening the budget as a tool for the efficient allocation of public resources, depending on the priorities of government action, optimising the procedures for formulation, discussion, implementation and evaluation – enhancing integration of the control instruments of governance to the budget, in order to promote the efficient use of public resources – reporting to the political authorities, public institutions, National Congress and general public on the allocation and implementation of public sector financial resources and future prospects. The Budget Directorate is an agency of the Ministry of Finance and is headed by the Budget Director. Although formally reporting to the Minister of Finance, the Budget Director is appointed directly by the President who may dismiss him/her at any time. The position of Budget Director is generally viewed as the equivalent of a senior ministerial position in the Chilean government. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 248 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Table 4.12. Executive authorities within the Chilean public administration responsible for different management systems (cont.) Executive authority Description National Civil Service The National Civil Service Directorate’s mission is to “strengthen the capacity of public entities Directorate (DNSC), under the in the development and implementation of human resource management policies and Ministry of Finance practices in order to increase productivity and quality of goods and services required by citizens”. The National Civil Service Directorate’s responsibilities include: – participating in the development of policies to improve state personnel management and collaborate with public entities to support the implementation of these policies in order to modernise the state – promoting reforms and measures to enhance state personnel management; ensuring an effective and efficient functioning of the senior civil service system – providing specialised advice on state personnel management issues to public entities – establishing and administering a database of public officials, including profiles of persons occupying public management positions and their performance contracts – designing and implementing training programmes to strengthen the modernisation of public entities – supporting the professionalisation of human resource units within public entities; and promoting reforms and measures to improve state personnel management. Undersecretariat for Regional Development (SUBDERE) The Undersecretariat for Regional Development’s mission is to “contribute to the development of regions and communities, strengthening their capacity for good governance in line with the decentralisation process.” As the unit in charge of promoting decentralisation efforts, it deals with vertical co-ordination. In this regard, it has a great degree of autonomy to deal directly with different ministries and sub-national governments on issues under its responsibility. In practice, however, it is currently difficult for the SUBDERE to act as the national co-ordination unit: the different initiatives proposed by national ministries and public agencies normally follow a top-down approach, sometimes without enough consultation and co-ordination with the SUBDERE. The CGR has limited engagement with central authorities to discuss whole-of-government challenges and ways to improve public governance. There appear to be several reasons for this: i) communication of the findings of its various audit assignments in a way that elevates these findings to the attention of those charged with governance and the general public; and ii) the CGR’s responsibilities for government systems. A key challenge facing the CGR is the communication of the findings of its various audit assignments in a way that elevates these findings to the attention of those charged with governance and the general public. The CGR’s stakeholders within the executive, legislature, as well as representatives of civil society and the media, find it difficult to articulate the main issues that the CGR has raised regarding specific public entities, government sectors and/or management functions. To the extent that the CGR identifies common challenges and risks affecting good public governance, it serves more as input into the institution’s annual audit planning rather than its external communications. The CGR currently does not provide a combined analysis of common findings, trends and root causes at a whole-of-government, sectoral or entity level. The CGR has limited understanding of government management maturity frameworks and does not seek to evaluate compliance with them. The CGR’s audits focus on evaluating compliance with laws and regulations, within which it does not see government maturity frameworks. Moreover, compliance with these programmes is audited by internal audit. The Management Improvement Programme (Programa de Mejoramiento de Gestión) is another programme that aims to strengthen various elements of public management, including human resource management and public procurement. The programme defines the level of development, or maturity, for different management CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 249 systems and establishes technical requirements for each level, defined in terms of content and requirements. In the past, the PMG even applied to Internal Audit. Table 4.13 presents a maturity model that was used for this purpose, to illustrate both the rationale of this approach and how it intended to support a function that is important for the whole control system in Chile. The CGR could discuss how to further develop maturity models. Table 4.13. Management Improvement Programme – maturity levels for internal audit without Chile’s public entities 2001-2012 Level 1 Level 2 Level 3 Level 4 The entity formally creates an Internal Audit Unit, through the formal appointment of the head of the unit, reporting directly to the head of the service with objectives aligned with the strategic directions of the entity. The entity, through its Internal Audit Unit, undertakes a diagnosis using a Strategic Risk Matrix (Matriz de Riesgos Estratégica) identifying strategic processes and support, sub-processes and stages, in order to prioritise audit activities and support the formulation of an Annual Audit Plan (Plan Anual de Auditoría). The institution, through its Internal Audit Unit, implements the annual audit plan for the period, including: i) applying audit procedures according to the methodology established by the Council of Government General Internal Auditors, indicating the guidelines to be followed to plan, conduct and report on the implementation of the annual audit plans; and ii) perform the activities defined in the Annual Audit Plan, including the audit categories: institutional, ministerial and governmental. The institution reports to the Council of Government General Internal Auditors on corrective and preventive actions based on the recommendations made by the Internal Audit Unit, and a follow-up report on the commitments made by the service. The entity develops and/or updates its internal audit charter, approved by the head of the service. The institution, through its Internal Audit Unit, prepares an Annual Audit Plan for the following year based on the diagnosis made and considering three audit categories: “institutional” audits considering the levels and threat of the risks and available human resources; “ministerial” and “governmental”. The institution, through its Internal Audit Unit, generates monthly reports on the implementation of the Annual Plan and audits conducted in their respective programmes, identifying the audit’s general and specific objectives, scope, timing and results. The institution, through its Internal Audit Unit, develops and implements a plan for monitoring of the recommendations contained in internal audit reports, including the subject matter to be monitored, commitments, deadlines and responsibilities linked to the audit conclusions and the degree of compliance with this and other aspects. The institution, through its Internal Audit Unit, generates an annual report of the audits carried out in implementing the Annual Plan, the outcome of the work and recommendations identified. The institution must meet a minimum target level of monitoring to ensure the reduction of the level of risk in the management of public resources. The entity reports on the activities of the Internal Audit Unit, analysing the strengths and weaknesses of the unit, identifying specific skills requirements for the operation of the unit and participating in the Regional and Ministerial Audit Committee (Comité de Auditorías Ministeriales y Regionales) The institution should maintain the level of maturity of the system at each level. Source: Based on information received from CAIGG. Note: The PMG’s internal audit module was eliminated in 2012-13 as most agencies reached the minimum standard, and were absorbed in a “Performance Monitoring System” introduced thereafter. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 250 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Moreover, the CGR also does not systematically engage central authorities in the development of its own responsibilities. For example, the CGR did substantively involve the Ministry of Finance’s National Civil Service Directorate (Dirección Nacional del Servicio Civil) in the development of SIAPER. This directorate was created in 2003 to support the modernisation of the public sector through co-ordinating, supervising and proposing measures for strategic workforce management. Strengthened human resource management internal controls and the availability of data on public officials provided by SIAPER is closely linked with this directorate’s mandate. The National Civil Service Directorate’s responsibilities include: i) formulating policies to improve human resource management in government such as recruitment, career development and performance evaluation; ii) ensuring the effective and efficient functioning of the senior civil service; iii) providing specialised advice on human resource management issues to public entities; iv) designing and implementing training programmes to strengthen the modernisation of public entities; v) supporting the professionalisation of human resource units within individual public entities; and vi) promoting reforms and measures to improve human resource management within the public sector. However, the CGR has invited the National Civil Service Directorate as a user in the early pilots of SIAPER. Conclusions The CGR has a broad range of stakeholders with which it engages throughout the audit cycle. The CGR has taken a number of initiatives over the past six years to improve the way in which it engages with its stakeholders. It has revised its audit manuals and guidelines to standardise interaction with auditees. It has begun to survey auditees to solicit feedback on the quality and timeliness of its oversight assignments. However, many auditees view the CGR’s audit engagements as focused on inspection and investigation of compliance with government regulation rather than a source of independent and objective information to support good public governance. The CGR has sought to enhance the working practices of internal audit units, which have been supported by the creation of an online Portal for Internal Audit Units (Portal para las Unidades de Auditoría o Control Interno). However, the CGR’s guidance and tools for the internal audit units overlap and sometimes differs from that provided by the Council of Government’s General Internal Auditors. The CGR’s engagement with internal audit units more generally is constrained by concerns over the independence of internal audit units. Beyond auditees and internal audit, the CGR has sought to engage with other stakeholders, including the judiciary, media and citizens. The CGR has sought to strengthen institutional co-operation with the criminal justice system to support the investigation of criminal and corrupt practices identified through audit work. Memorandums of agreement have been signed between the CGR and the Supreme Court, the Constitutional Tribunal, the Public Prosecutor and the State Defence Council in relation to corruption prevention and investigation of criminal matters. The CGR developed a communication plan to strengthen corporate positioning among external audiences, with a strong focus on engaging the media and citizens. The CGR’s communication activities are heavily reliant on the Internet and social media. The CGR also has established new procedures for stakeholders to make complaints and audit suggestions online. However, the CGR could place specific attention on how to engage the Congress, its commissions and research staff, central executive authorities responsible for the formulation and oversight of public management policies and systems. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 251 Many opportunities exist for the CGR to broaden and deepen its engagement with its stakeholders without undermining its real or perceived level of independence and autonomy. A number of specific challenges, however, face the CGR. In order to enhance engagement with auditees and internal audit, the CGR needs to reposition itself not as simply an inspection and investigation body but as a source of independent and objective information that can support improvements in good public governance. More broadly, the CGR could focus greater attention to the legislative branch at the both the national (i.e. Congress) and municipal level (i.e. councils) and not simply citizens and the media. Table 4.14 provides a summary of the recommendations made in this chapter. Table 4.14. Preliminary recommendations matrix: Engaging external stakeholders throughout the audit cycle Preliminary recommendation Response to challenge/weaknesses Expected impact of recommendation Enhance engagement with auditees in order to develop a constructive working relationship, including by: – broadening the scope of information communicated with auditees at the beginning of individual engagements – notifying auditees in advance of the initiation of individual audit engagements – engaging auditees in formulating materials communicating the CGR’s audit standards, processes and methods – engaging auditees – as well as other stakeholders – in reviewing audit reporting guidance – formulating auditee strategies to broaden engagement beyond individual audit engagements. The CGR does not provide auditees with information on the objective of individual audit engagements and the criteria that audited entities will be assessed as part of the formal notice initiating an audit engagement. The CGR does not currently make information publically available regarding its audit standards, processes and methods, many of which have been updated since 2012 as part of its modernisation reforms. The CGR has not sought to understand the usability of audit reports for its stakeholders as input to revise its audit reporting guidelines. The CGR has not formulated auditee strategies to engage audited entities in a discussion on weaknesses in internal control and other issues arising from audit work. Increase the awareness and understanding of the objective of individual audit engagements. Mitigate perceptions that the CGR is only seeking to identify non-compliance with the legal framework and errors, without effective pre-audit planning and intelligence gathering. Increase awareness and understanding of – and confidence in – the process and manner in which the CGR’s audit engagements are conducted. Increase the clarity and usability of audit reports for auditees, based on direct input from auditees rather than perceived notions of CGR officials. Facilitate opportunities for dialogue with auditees on weaknesses in internal control, other issues identified in individual audit engagements and risks affecting good public governance more generally. Enhance co-ordination and co-operation with internal audit in order to support effective and efficient audit work, including by: – communicating information on the annual audit programme with audited entities’ internal audit units, and periodic information throughout the calendar year – holding regular meetings with audited entities’ internal audit units to share information and discuss issues of mutual concerns – establishing procedures for sharing information more systematically, including protocols to transmit relevant audit reports – developing common training programmes and training materials for audited entities’ internal audit units, together with the Council of Government’s General Internal Auditors. The CGR does not share information on its annual audit programme with audited entities’ internal audit units, or vice versa, as this is considered as sharing privileged information. The CGR does not meet individually with audited entities’ internal audit units to develop a shared understanding of the public entity and the programmes and funds that they audit. The CGR and audited entities’ internal audit units do share audit reports with one another outside of individual audit engagements. The risk of conflicting guidance for audited entities’ internal audit units from the CGR and Council of Government’s General Internal Auditors needs to be mitigated. Support the exchange of ideas and knowledge between public sector auditors, strengthen their mutual ability to promote good governance and accountability, and enhance management’s understanding of the importance of internal control. Promote a more informed dialogue on the risks facing the public entities leading to more focused audit engagements and more useful recommendations, and better understanding of the results arising from each other’s work which may have an impact on their respective audit programmes. Promote more efficient audit engagements based on more co-ordinated audit activity and more refined audit objectives and scope. Mutual support on audit findings and recommendations may enhance the effectiveness of audit engagements. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 252 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE Table 4.13. Preliminary recommendations matrix: Engaging external stakeholders throughout the audit cycle (cont.) Preliminary recommendation Response to challenge/weaknesses Expected impact of recommendation Enhance communication with stakeholders other than auditees and internal audit, including by: – linking the CGR’s communication strategy to annual audit programming, balancing attention to different public entities – broadening the communication strategy to define audiences and how they access information on audit activities and findings – focusing specific attention to the Congress, its commissions as well as the country’s municipal councils – exploring measures to overcome barriers and constraints facing core stakeholders’ understanding and access to information – undertaking specific measures to overcome barriers and constraints attributed to the country’s digital divide. The CGR does not have a communication strategy that is linked to the institution’s annual audit programme. The CGR has not developed a clear and detailed understanding of the institution’s primary, secondary and other audiences, with an understanding of how these different audiences access and use audit reports. The CGR focuses its communication activities on national media outlets and citizens with limited targeting of information to the National Congress and municipal councils. The CGR places much emphasis on communicating through the institution’s website and social media accounts and has not explicitly taken action to overcome barriers and constraints facing its core stakeholders’ understanding and access to information. Strengthen the communication strategy. Support awareness, understanding and use of audit work in accountability and decision making processes. Further interaction online where content is accessible and packaged in a way that makes it easier for users to react and interact. Consult and facilitate participation with stakeholders other than auditees and internal audit, including by: – consulting stakeholders throughout the audit cycle, including the design of audit criteria and the evaluation of audit reports – engaging key executive authorities in discussions about the main challenges facing good public governance. The CGR has limited participation of stakeholders in its audit work in the registration of complaints and suggestion of audit topics. The CGR does not engage with other stakeholders to systematically understand the challenges and risks affecting audited entities, programmes and funds. The CGR has limited opportunities to engage key executive authorities in discussions about the main challenges facing good public governance and management maturity models. Provide further means of evaluating the quality of work. Increase effectiveness of working in partnership with the accountability functions of the executive and legislature in making use of audit findings and enacting change. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 253 Notes 1. This definition varies from that contained in INTOSAI (2013) “Fundamental Principles for Public Sector Auditing”. These principles recognise that public sector audit engagements involve at least three separate parties: the auditor, a responsible party and intended users. The auditor refers to the head of the SAI (for example, an Auditor-General or President) who has overall responsibility for public sector audits within the SAI’s mandate, and by the persons delegated to carry out audits on behalf of the head of SAI. The responsible party in the public sector is the institution responsible for the management of public funds and the exercise of authority in accordance with the stated premises and decisions of the parliament. The responsible party differs depending on the organisational structure of the public sector and may, in certain circumstances, be the legislature or the judiciary rather than the executive. Depending on the framework of delegations in place, the responsible party may, in certain circumstances, be an individual or official. The intended users are the individuals, organisations or classes thereof for whom the auditor prepares the audit report. In the public sector, the users usually include the legislature as the representative of the public as a whole. 2. This includes both identification data and summarised information. Identification data includes the report number, issuance date, type of report, responsible CGR division/office and audited entity name. Summarised information includes the objectives of the audit, the audit scope and sample, the audit conclusion and legal opinions (dictámen). 3. See Supreme Decree 12. 4. See Supreme Decree 147. 5. The CAIGG issues technical documents/guidelines relating to the work of internal auditors within public entities. For a list of the technical documents and guidelines, see the CAIGG website at: www.auditoriainternadegobierno.cl. 6. “Acuerdo entre la Corte Suprema de Justicia, el Tribunal Constitucional, la Contraloría General de la República, el Ministerio Público y el Consejo de Defensa del Estado” [Agreement between the Supreme Court, the Constitutional Tribunal, the Comptroller General of the Republic, the Public Prosecutor’s Office,(Ministerio Publico), and the State Defense Council], Poder Judicial, Republic of Chile, www.oas.org/juridico/PDFs/mesicic4_chl_conv.pdf. 7. If not managed carefully, engagement with the media can equally affect the independence and objectivity of SAIs. In engaging with the media, SAIs may be more inclined to conduct compliance audits, to develop bias in selecting audit areas, targets and crafting of conclusions; and infringing upon politics and policy making. The results of compliance audits can be more difficult for auditees to contest and thereby avoid public criticism and preserve the SAI’s authority, legitimacy and trust. In addition, compliance audits can be cheaper, quicker and easier to conduct. Bias in selecting audit areas, targets and crafting of conclusions can come about to ensure that audit findings are picked up by the media. Hard-hitting reports on behalf of the taxpayer and citizen are more likely to capture the attention of the media and compete for news coverage (Bringselius, 2013). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 254 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE 8. In addition to permanent commissions, the Chamber of Deputies may establish united, special, mixed and investigatory. Special commissions may be established at the request of one third of the deputies, and the affirmative vote of the majority of the other members of the Chamber, in order to study certain legislation or gather background information on a specific subject. Special commissions are established for a period of six months, with a possible extension for another single six-month period. Investigatory commissions may be established to gather information on certain acts of the government with the agreement of at least two-fifths of the deputies. United commissions may be established by two or more commissions to examine a particular case. Mixed commissions are established when a law has been amended by the “revising chamber” and sent back to the “chamber of origin”. Mixed commissions are constituted at late stages of the law-making process. These commissions are intended to suggest the ways and means of resolving the difficulties encountered by the different opinion of both chambers in relation to the bill. The deadline for the fulfillment of their tasks will be for up to six months and may be extended once for such a term. The request for establishing a mixed commission must include a work programme and specify the purpose of its work. 9. The Twitter service (i.e. its web, mobile and developer applications) stands out as one of the leading social networks globally, with half a billion individuals and organisations of all sorts using the service as of July 2012. The website www.twitter.com is within the top 10 most visited websites globally, although geographical variations exist. Twitter “apps” (i.e. mobile phone applications) are amidst the most downloaded applications for the Android and iOS platforms (OECD, 2012b). 10. 26 April 2013, tweet: #informecontraloria INFORME INVESTIGACIÓN ESPECIAL 20-12 MUNICIPALIDAD DE ARICA SOBRE… http://goo.gl/fb/ChS75. 11. 25 April 2013, tweet: #agendacontralor, Contralor asiste almuerzo por Cierre de seminario sobre Transparencia, en Palacio La Moneda. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 255 References AGSA (Auditor-General of South Africa) (2011), “Audit communication and reporting”, AGSA. Bringselius, L. (2013), “The dissemination of results from supreme audit institutions: Independent partners with the media?”, Financial Accountability & Management. Bustos, R. (2011), “Budget technical offices in the Congress: The Chilean experience”, presentation to the OECD Parliamentary Budget Officials, Stockholm, Sweden, 28-29 April, www.oecd.org/gov/budgeting/47783840.pdf.Buzaljko, K., A.M. Marlene, A. Tamasan and F. Verkaart (2010), “Public financial oversight: A comparative analysis of parliamentary committees across Europe”, Maastricht Graduate School of Government, August. CGR (2013a), Estructura y Modelo de Informes [Model (Audit) Report and Structure], CGR, Santiago. CGR (2013b), Cuenta Pública Contraloria General de la República 2012 [2012 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2012a) Formato Informe de Seguimiento [Format of the Follow-Up (Audit) Reports], CGR, Santiago. CGR (2012b), “Informe final: Procedimiento de tramitación de presentaciones de parlamentarios [Final report: Procedure for responding to parliamentary requests]”, Cabinete del Contralor General Unidad Técnica Control Externo, CGR, Santiago, January. CGR (2012c), Cuenta Pública Contraloria General de la República 2011 [2011 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2011a), 2do Encuentro de Trabajo CGR-UCIS, Informe del Segundo Encuentro de Trabajo entre la Contraloría General de la República y las Unidades de Auditoría y/o Control Interno [2nd CGR-UCIS Working Meeting, Report of the Second Working Meeting between the Office of the Comptroller General of the Republic and Internal Audit/Control Units], CGR, Santiago. CGR (2011b), “Strategic communications plan: Proposal to strengthen corporate positioning in both external and internal public,” CGR Communications and Public Relations Department, December, unpublished chapter. CGR (2011c), Cuenta Pública Contraloria General de la República 2010 [2010 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2010a), Informe Consolidado Nacional de Unidades de Control Interno Municipale [Consolidated National Report on Municipalities Internal Control Units], Informe 39/2010, CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 256 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE CGR (2010b), Cuenta Pública Contraloria General de la República 2009 [2009 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2009a), Modelos Preinforme de Observaciones e Informe Final [Model for Preliminary Report of Observations and Final Report], CGR, Santiago. CGR (2009b), Cuenta Pública Contraloria General de la República 2008 [2008 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. CGR (2008), Cuenta Pública Contraloria General de la República 2007 [2007 Annual Report of the Office of the Comptroller General of the Republic of Chile], CGR, Santiago. Deloitte (2011), “Estudio sobre organización y funcionamiento de las unidades de control interno a nivel gubernamental y municipal. Rol de la Contraloría General de la República en dichos organismos [Study on the organisation and functioning of the internal control unit at central and municipal government levels: Role of the Office of the Comptroller General of the Republic in these bodies]”, May. Dye, K. (2009), “Working with the media to maximise the impact of your audit work”, International Journal of Government Auditing, January, pp. 8-12, www.intosaijournal.org/technicalarticles/technicaljan2009a.html. EC (European Commission) (2011), Compendium of the Public Internal Control Systems in the EU Member States, 2012, European Union, Brussels. El Midaoui, A. (2011), “Raising the citizens’ awareness of the work of SAIs”, in UN/INTOSAI, Effective Practices of Co-operation between SAIs and Citizens to Enhance Public Accountability, Report on the 21st UN/INTOSAI Symposium on Government Audit, Vienna, 13-15 July. González, B., A. López and R. García (2008), “Supreme audit institutions and their communication strategies”, International Review of Administrative Sciences, No. 74, pp. 435-461. INTOSAI (International Organisation for Supreme Audit Institutions) (2013), “Fundamental Principles for Public Sector Auditing”, International Standards of Supreme Audit Institutions (ISSAI), 100, INTOSAI Professional Standards Committee, Copenhagen. INTOSAI (2010a), “The Mexico Declaration on SAI Independence”, International Standards of Supreme Audit Institutions, 10, INTOSAI Professional Standards Committee, Copenhagen, http://www.issai.org/media/12922/issai_10_e.pdf. INTOSAI (2010b), “Principles of Transparency and Accountability”, ISSAI 20, INTOSAI Professional Standards Committee, Copenhagen, http://www.issai.org/media/12930/issai_20_e_.pdf. INTOSAI “Principles of Transparency and Accountability: Princples and Good Practices”, ISSAI 21, INTOSAI Professional Standards Committee, Copenhagen, http://www.issai.org/media/12934/issai_21_e_.pdf. INTOSAI (2010d), How to Increase the Use and Impact of Audit Reports: A Guide for Supreme Audit Institutions, National Audit Office, London, CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE – 257 http://cbc.courdescomptes.ma/index.php?id=20&tx_abdownloads_pi1%5baction%5d= getviewclickeddownload&tx_abdownloads_pi1%5buid%5d=86&no_cache=1. INTOSAI (2010e), “Co-ordination and co-operation between SAIs and internal auditors in the public sector”, International Standards of Supreme Audit Institutions, INTOSAI GOV 9150, INTOSAI Professional Standards Committee, Copenhagen. INTOSAI (2010f), “The Johannesburg Accords”, XX International Congress of Supreme Audit Institutions, www.intosai.org/uploads/jhbaccordsen.pdf. INTOSAI (1977), “The Lima Declaration of Guidelines on Auditing Precepts,” International Standards of Supreme Audit Institutions, 1, INTOSAI Professional Standards Committee, Copenhagen. Obando Camino, I.M. (2011), “The congressional committee system of the Chilean legislature, 1834-1924”, Historia, No. 44, Vol. I, pp. 165-189. OECD (2013), Brazil’s Supreme Audit Institution: The Audit of the Consolidated Year-End Government Report, OECD Public Governance Reviews, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264188112-en. OECD (2012a), “OECD e-Government Project: Social media use by governments: Focus on Twitter”, GOV/PGC/EGOV(2012)6, OECD, Paris. OECD (2012b), “The role of new technologies for strategic and agile public governance: Issues chapter”, GOV/PGC/EGOV(2012)1, OECD, Paris. OECD (2012c), OECD Internet Economy Outlook 2012, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086463-en. OECD (2011a), Together for Better Public Services: Partnering with Citizens and Civil Society, OECD Public Governance Reviews, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264118843-en. OECD (2011b), Government at a Glance http://dx.doi.org/10.1787/gov_glance-2011-en. 2011, OECD Publishing, Paris, OECD (2009a), Focus on Citizens: Public Engagement for Better Policy and Services, OECD Studies on Public Engagement, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264048874-en. OECD (2009b), OECD Territorial Reviews: Chile 2009, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264060791-en. OECD (2004), Promise and Problems of E-Democracy, Challenges of Online Citizen Engagement, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264019492-en. OECD (2002a), “OECD Best Practices for Budget Transparency”, OECD Journal on Budgeting, Vol. 1, No. 3, pp. 7-14, OECD Publishing, Paris, http://dx.doi.org/10.1787/budget-v3-1-en. OECD (2002b), “Relations between supreme audit institutions and parliamentary committees”, Sigma Papers, No. 33, OECD Publishing, Paris, http://dx.doi.org/10.1787/5kml60vd5x8r-en. OECD (2001), Citizens as Partners: OECD Handbook on Information, Consultation and Public Participation in Policy-Making, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264195578-en. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 258 – 4. ENGAGING CHILE’S SUPREME AUDIT INSTITUTION STAKEHOLDERS THROUGHOUT THE AUDIT CYCLE OLACEFS (2009) “Declaration of Asunción”, OLACEFS. Palanza, V., C. Scartascini and M. Tommasi (2012), “On the institutionalisation of congress(es) in Latin America and beyond”, Inter-American Development Bank, Universidad Católica de Chile and Universidad de SanAndrés, http://www.udesa.edu.ar/files/UAHumanidades/EVENTOS/Paper_Tomassi_060912.p df. Parliament of Australia (n.d.), “Committees”, Commonwealth www.aph.gov.au/parliamentary_business/committees. of Australia, Pyun, H.B (2006), “Audit and civil society: The Korean experience”, International Journal of Government Auditing, April, www.intosaijournal.org/technicalarticles/tech nicalapr06.html. Republic of Chile “Acuerdo entre la Corte Suprema de Justicia, el Tribunal Constitucional, la Contraloría General de la República, el Ministerio Público y el Consejo de Defensa del Estado” [Agreement between the Supreme Court, the Constitutional Tribunal, the CGR, the Public Prosecutor’s Office (Ministerio Publico), the State Defense Council], Poder Judicial, República de Chile, www.oas.org/juridico/PDFs/mesicic4_chl_conv.pdf. Saiegh (2010), “Active players or rubber stamps? An evaluation of the policymaking role of LatinAmerican legislatures”, in Carlos Scartascini, Ernesto Stein and Mariano Tommasi (2010) (eds.), How Democracy Works. Political Institutions, Actors, and Arenas in Latin American Policymaking, IDB-Harvard University Press, Washington, DC. Statsrevisorerne (2012), The Public Accounts Committee of the Danish Parliament, Statsrevisorernes Sekretariat, Folketinget, Christiansborg. TPA (2011), “Políticas de transparencia en la Contraloría General de la República”, Buenas prácticas de Transparencia, Participación Ciudadana y Rendición de Cuentas en las Entidades de Fiscalización Superior de América Latina, Iniciativa TPA, Santiago. World Bank/IADB (Inter-American Development Bank) (2005), Republic of Chile, Country Financial Accountability Assessment, Report No. 32630-CL, World Bank, Washington, DC. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING THE QUALITY OF INDIVIDUAL AUDITS – 259 Chapter 5 The Chilean Comptroller General Office’s work in prioritising and ensuring the quality of individual audits This chapter examines the practices used by the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to prioritise and ensure the quality of individual audit engagements. This chapter analyses the CGR’s process to prioritise individual audit engagements, guiding principles for individual audit engagements and quality control system for individual audit engagements as they cross-cut various moments of the audit cycle. This discussion is framed by INTOSAI’s “Framework for Communicating and Promoting the Value and Benefits of SAIs” and various International Standards of Supreme Audit Institutions (ISSAI) and INTOSAI Capacity Building Committee guidance, including the INTOSAI “Quality Control for SAIs”, “Fundamental Principles of Public Sector Auditing” and “Code of Ethics”. The analysis is supported by comparative data from 13 benchmark SAIs collected through an OECD survey conducted specifically for this peer review. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 260 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING THE QUALITY OF INDIVIDUAL AUDITS Introduction This chapter examines the approach of the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to prioritise and ensure the quality of individual audit engagements. In analysing the CGR’s approach to prioritising the selection of and ensuring quality in its audit work the chapter examines: guiding processes for (i) annual audit programming and (ii) individual audit engagements, including planning, execution and closure the institutional arrangements for ensuring quality in annual audit programming, individual audit engagements and follow up. The analysis is framed by INTOSAI “Framework for Communicating and Promoting the Value and Benefits of SAIs”, various International Standards of Supreme Audit Institutions (ISSAI) and INTOSAI Capacity Building Committee guidance, including the INTOSAI “Quality Control for SAIs” (INTOSAI, 2010a), “Fundamental Principles of Public Sector Auditing” (INTOSAI, 2013) and “Code of Ethics” (INTOSAI, 1998). Prioritising ex post audit engagements; audit programming and the audit process INTOSAI (2013) “Fundamental Principles of Public Sector Auditing” establishes general principles for public sector auditing and principles related to the audit process, covering both financial, compliance and performance audit – though it focuses more on planning and conducting individual audit engagements rather than annual audit programming. In relation to individual audit engagements, auditors should: obtain an understanding of the nature of the entity/programme to be audited; consider materiality or significance throughout the audit process; and develop an audit plan to ensure that the audit is conducted in an effective and efficient manner. The CGR’s annual audit programming allows for a combination of top-down and bottom-up prioritisation of audit engagements prepared before the start of the fiscal year. Prioritisation draws upon information about the materiality of public entities and programmes and the risk associated with their macro-processes (i.e. processes that go beyond a specific unit of a public entity, including procurement, human resource and financial management). The CGR has adopted a broader sense of materiality encompassing government priorities (“strategic perspective”), the importance of an entity or programme for the national social development (“social perspective”) as well as the characteristics of service delivery (“functional perspective”), and not just the financial resources used by public entities and programmes. The combination of top-down and bottom-up prioritisation enables, in principle, attention to be given to whole-of-government and entity-specific issues. by: However, the CGR could improve the prioritisationof its ex post audit engagements further investing in developing knowledge of audited entities and programmes ensuring that the terms of the audit have been clearly established and communicated in order to support efficient planning, execution and effective quality control of the audit. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING THE QUALITY OF INDIVIDUAL AUDITS – 261 Annual audit programming allows for top-down prioritisation of audit priorities prepared before the start of the fiscal year The CGR’s annual audit programming is guided by a Planning Matrix (Matriz de Planificación) that allows for a combination of top-down and bottom-up prioritisation of audit priorities prepared before the start of the fiscal year. The Planning Matrix includes information on the public entities and associated macro-processes (i.e. processes that go beyond a specific unit of a public entity, including procurement, human resource and financial management) to be audited – as well as the objectives of individual audits. The Planning Matrix consolidates information from three CGR audit planning streams: national priorities proposals (Propuesta de Prioridades Nacionales); integral random audits proposals (Propuesta de Auditorías Integrales Aleatorias, AIA); and individual external control unit audit planning matrices (Propuesta de Matriz de Planificación por UCE). External control units refer to the units that conduct ex post audit assignments in each and every CGR division (i.e. the Administrative Audit Division, the Infrastructure and Regulation Division and the Municipalities Division) as well as all 14 regional offices.1 The preparation of the Planning Matrix is guided by a hard resourcing constraint using assumptions on the total number of auditor hours available and the average number of auditor hours needed to complete an individual audit engagement (Box 5.1). Flexibility is built into the annual audit programming through an allocation for Unpredictable Demand (Demanda Imprevisible) within each individual external control unit’s Audit Planning Matrix. This flexibility includes the ability to respond to audit suggestions and requests from the National Congress and citizens, and to alter planned audits based on new information (e.g. complaints) or justified requests by the relevant unit. Adjustments need to be defined by May of each year. For FY 2013, the maximum allocation for Programmes of Unforeseen Demand was set at 20-45% of total staff time, depending on the external control unit. National priorities proposals relate to whole-of-government issues and those related to the management of specific government programmes/portfolios. National priorities proposals are prepared drawing upon three planning sub-streams: the National Programmes (Programas Nacionales, PNAC), the Transversal Programmes (Programas Transversales, PTRA) and the International Loan Programmes (Préstamos Internacionales, PTMOs). National Programme audits focus on the same subject within a single central public entity that has activities throughout the entire country. These audits apply the same procedures in a number of the central public entity’s units spread across the country. A single lead external control unit prepares the audit plan and the preliminary and final audit reports and a partner external control unit plays a supporting role and conducts the audit procedures in their respective jurisdiction. Transversal Programmes audits focus on the same subject across a range of centralised and decentralised entities that share a common hierarchical or financial dependence with the same central public entity. Each external control unit prepares its own preliminary and final audit report with a single lead external control unit also preparing a consolidated report for the central government entity. This report for the central government is also prepared in the case of municipality audits. International Loan Programme audits focus on the implementation of international loan-financed projects (e.g. projects funded by the World Bank and the Inter-American Development Bank). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 262 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING THE QUALITY OF INDIVIDUAL AUDITS Box 5.1. Office of the Comptroller General of the Republic of Chile’s calculation of average number of auditor hours for individual audit engagements for 2013-14 In 2012, the CGR conducted a study to update its estimate of the average number of audit hours for an individual audit engagement. Previously the CGR, with assistance of the Inter-American Development Bank, estimated that an average of 1 600 hours were necessary to complete individual audit engagements in 2012. Prior to the 2012 audit programming, the CGR had not measured the average number of audit hours for individual audit engagements. The CGR used a number of sources of information to estimate the average number of audit hours for an individual audit engagement for 2013. This included, the Inter-American Development Bank’s report that established a standard of 1 600 audit hours for individual audit engagements (based on data from 2009-10), as well as 2011 data collated by the management process units in each external control unit and saved in the HEFESTOS system. Recent CGR management reforms have enabled the standardisation of measurement and collation of workload indicators across the CGR’s divisions and regional offices. A number of metrics were used to estimate the average number of hours required for an individual audit engagement, including: Analysis of “potential hours” based on the total number of available working hours, overtime, official holidays, personal leave (permisos facultativos/día administrativo) and annual leave. Possible auditor hours available for 2013, calculated on the assumptions of a 47-hour working week (i.e. 8 hours for Monday-Thursday and 7 hours on Friday), and comparison with data for 2009-12. Actual auditor hours in 2011, based on data for each auditor collated by the management process units in each external control unit. Officials’ leave for 2009-11, including holidays, personal leave and medical leave. Gender and age information are collected but not used for calculation purposes. Information is available by UCE; however, a national standard was opted for. Parameter for new staff, factoring in the time for new officials to adapt to work calculated as 25% productivity for the first four months and 100% thereafter. Based on these variables, and using an econometric model, average auditor hours for individual engagements for 2013 and 2014 was estimated at 1 750. Source: CGR (2012), “Final report. Study on the estimation of hours to be included in audit planning, external control technical units”, CGR, Santiago. Individual external control unit’s audit planning matrices are linked to the coverage of each individual external control unit. These matrices include: Metropolitan Programmes (Programas Metropolitanos, PMET); Regional Programmes (Programas Regionales, PREG) and External Control Unit Priorities (Prioridades de Unidades de Control Externo, PUCE). Metropolitan and Regional Programmes are executed by CGR divisions or regional offices, selected based on their associated risk and relative importance. The Metropolitan and Regional Programmes are specified after the definition of the national priorities has taken place. These audit programmes are selected from a list of options ranked by their relevance and risk. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING THE QUALITY OF INDIVIDUAL AUDITS – 263 The Planning Matrix is approved by the Comptroller General, with the three separate streams of audit planning subject to evaluation by the CGR Planning Committee (Comité de Planificación). Beginning in 2012, the Planning Committee is led by the Co-ordinator of External Control Technical Units in co-ordination with the heads of the Administrative Audit Division, the Regulation and Infrastructure Division and the Municipalities Division. The work of the Planning Committee is supported by the planning staff (equipo de planificación) comprised by the external control technical units (Unidad Técnica de Control Externo) and relevant actors of the external control unit (Unidad de Control Externo), who provide insight and advice on the services or topics to be audited. Previously, the planning process was led by the Administrative Audit Division. The change in responsibility from the Administrative Audit Division to the Co-ordinator of External Control Technical Units was to ensure a more transversal approach. The CGR’s annual audit planning process begins approximately six months before the start of the fiscal year to be audited, and the process lasts for approximately six months. Figure 5.1 provides an overview of the audit planning process for FY 2013. The process includes a planning conference (jornadas de planificación) between the External Control Technical Units Co-ordinator and the external control technical units within each external control unit. This conference takes place between May and August. The objective of the conference is to present the framework for annual audit planning. The conference focuses on the main components and critical milestones for the annual planning process and a discussion of the lessons learnt from the previous year’s annual audit planning and execution. The planning conference gives rise to the CGR’s annual instructions for annual audit planning. Following the issuance of the annual audit instructions, the CGR updates information on the audit coverage of each UCE, which takes place between June and August. Audit coverage refers to the public entities that are under the responsibility of each external control unit and is defined based on a criteria defined by the Planning Committee. The CGR defines three levels of coverage. “CGR coverage” (cobertura de la CGR) refer to public entities that receive appropriations in the Annual Budget Law and those entities that the CGR provides oversight as defined by specific statutes, e.g. public companies, municipalities and municipal corporations. “Schedulable entities” (entidad planificable) refers to public entities that independently administer funds for human resources, procurement and investment. “Executing units” (unidades ejecutoras) refer to entities that are dependant on schedulable entities, in which the CGR has authority to request records and run testing programmes as part of its audit activities. The preparation of the Planning Matrix and the three separate streams of audit planning are supported by the Matrix of Relative Importance (Matriz de Importancia Relativa), the Planning Unit’s Risk Indicators (Indicador de Riesgo por Unidad Planificable) and the Integrated System for Audit Control (Sistema Integrado para el Control de Auditorías, SICA).2 The final ranking, which determines the regional and metropolitan programmes, is obtained from:3 the Matrix of Relative Importance the Planning Unit’s Risk Indicators. All benchmark SAIs in this study have a prioirisation process that begins in advance of the fiscal year as does CGR, with the exception of the SAI of Denmark, which prioritises audit engagements during the fiscal year. For the vast majority of SAIs, these prioritisation processes involve materiality or relative importance assessments and risk CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 264 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING THE QUALITY OF INDIVIDUAL AUDITS assessments based on similar criteria to those outlined for audit planning and execution in INTOSAI “Fundamental Principles of Public Sector Auditing”. For some SAIs, it also involves additional considerations including internal and external consultations, relevant media reports, complaints and parliamentary interrogations (Table 5.1). Table 5.1. Processes for prioritising ex-post audit engagements in Chile and selected countries Entails Process for prioritising expost audit engagements? Materiality / relative importance Risk assessment Other Australia ● ● ● ● Brazil Chile ● ● ● ● ● ● ● ● Costa Rica ● ● ● o .. Denmark European Court of Auditors Israel ● ● ● ● during 2 6 Flexible deadlines .. ● ● ● ● pre-FY 8 ● ● o ● Italy ● ● ● ● Korea Peru Portugal South Africa Spain Total yes .. .. .. .. ● ● o ● ● o ● ● o o ● ● ● pre-FY pre-FY / during .. pre-FY pre-FY x pre-FY Country 11 x 10 x 10 x Occurs at what stage? pre-FY / during pre-FY pre-FY Process duration? (in months) ongoing basis 6 1.5 .. 1 4 x 4 7 Notes: FY= fiscal year; ● = Yes; o = No; x = Not applicable; .. = Missing. Australia: Materiality and Relative Importance Assessments are based on the potential benefits to public administration, public interest, financial materiality, risks to reputation and service delivery and extent of previous audit and review coverage. ANAO also takes into account internal and external consultations. Priorities are assessed pre-fiscal year and during, on an ongoing basis. Brazil: other refers to internal and external consultations. Chile: Other refers to the fact that prioritization includes suggestions made through the online Citizen Portal (Portal Contraloría y Ciudadano). Costa-Rica: There are no assigned deadlines to the priorisation process. Denmark; The concept of materiality includes both financial and non-financial issues and may therefore concern both the size of an amount and the importance that the Public Accounts Committee, the Danish parliament or the general public may be expected to attach to a specific issue. Risk concerns issues that may obstruct the agency’s achievement of its goals and lead to misstatement in the accounts, the annual report or the appropriation accounting. Other refers to internal and external consultations. European Court of Auditors: Other refers to internal consultations with policy-specific Chambers, and to external consultations with the European Parliament. Israel: Materiality and Relative Importance Assssments are based on budgets, impact of issue area on citizens, complaints, time since previous audit, results of previous audits, complexity, geogaphic dispersion and resource constraints. Other refers to internal consultations that are held with the legal and planning departments. Italy: Other refers to internal consultations with members of the Chambers, external consultations with Paliament, and other relevant sources including media reports and parliamentary interrogations. South Africa: The Public Audit Act and the Public Finance Management Act requires the AGSA to carry out financial auditsand audits of compliance and performance information of all national and provincial departments and public entities, thus no prioritisation is required. Spain: Other refers to internal consultations, and audits that are requested or required by National or Regional Parliament, or Legislation. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING THE QUALITY OF INDIVIDUAL AUDITS – 265 Figure 5.1. The Office of the Comptroller General of the Republic of Chile’s 2013 annual audit planning process May FY-1 June-August FY-1 Planning workshop Updating the CGR’s audit coverage Audit instructions August-September FY-1 October FY-1 Formulation of National Priorities (PTMO, PNAC, PTRA) Evaluation by Planning Committee Approved by Heads of Divisions and Comptroller General Proposal of integral random audits (AIA) Evaluation by Planning Committee Approved by Comptroller General Matrix of Relative Importance Ranking Risk Index October-December FY-1 Final MPL Formulation of external control unit priorities (PMET, PREG, PUCE) Approved by Comptroller General Evaluation by Planning Committee Source: Adapted from CGR (2012), Modelo de Planificacion 2013 [2013 Planning Model], External Control Technical Unit, August, CGR, Santiago. Dates are approximate. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 266 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS A Matrix of Relative Importance is used to determine the materiality of public entities under the institution’s oversight and prioritising audit work INTOSAI (2013) “Fundamental Principles of Public Sector Auditing” states that materiality or significance considerations are relevant to all audit engagements and affect the determination of the nature, timing and extent of audit procedures as well as evaluating the results of the audit. In general terms, a matter may be judged material if knowledge of it would be likely to influence the decisions of intended users. The concept of materiality recognises that some matters are important, either individually or in aggregate, and others are not. Materiality is often considered in terms of value but the inherent nature of characteristics of an item or a group of items may also render a matter material, this includes regulatory requirements. In addition to materiality by value and by nature, a matter may be material because of the context in which it occurs. Significance can be seen as the relative importance of subject matter in relation to policies, strategic plans, number of citizens or stakeholders concerned, economic magnitude, consequences for the society, etc. Determining materiality or significance is a matter of professional judgement and is based on the auditor’s interpretation of mandate and perception of the information needs of the users (INTOSAI, 2013, § 43). Each external control unit uses the Matrix of Relative Importance to rank the public entities within their audit coverage. The Matrix of Relative Importance incorporates four perspectives – strategic, social, financial and subject – and a total of ten indicators as of today (subject to continuous revision) (Table 5.2). The strategic perspective captures the government’s priorities. The social perspective captures the potential importance of an entity for the community, as perceived and/or efforts aimed at improving the quality of life of the population. The financial perspective captures the entity’s budget appropriation and total assets. The subject perspective captures specific functions and expenditure; currently municipal, defence and infrastructure spending and public companies. Whereas strategic, social and financial perspectives apply to all entities, specific indicators only apply to entities which have specific functions and/or expenditure. Table 5.2. Office of the Comptroller General of the Republic of Chile’s Matrix of Relative Importance – beginning 2013 audit year Perspective Strategic Social Financial Specific Indicator Weight Entity’s workforce size (Dotación de la entidad) 12.5% Entity’s budget outturn (Variación presupuestaria) 12.5% Social programme expenditure (Presupuesto en programas sociales) 12.5% Social significance (Importancia social) 12.5% Budget appropriation (Presupuesto de ingresos) 12.5% Total assets (Patrimonio total) 12.5% Municipal Defence (Defensa) Infrastructure (Infraestructura) 25.0% Companies (Empresas) Source: CGR (2012), Modelo de Planificacion 2013 [2013 Planning Model], External Control Technical Unit, August, CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 267 The current Matrix of Relative Importance was introduced in FY 2013 to provide a simpler and more standardised means of defining materiality using clearly defined information sources. Previously the CGR had three matrices of relative importance, one for each level of government, i.e. national, regional and municipal. The previous Relative Importance Matrix for different levels of government had a large number of indicators, though efforts were made to reduce the number of indicators over time (e.g. from 43 initially proposed indicators to 26 in 2007). However, it was considered that the previous three matrices did not evaluate the risk exposure of different public entities as the indicators were not associated with the entities’ business areas and the underlying data that supported the matrices was taken from different sources (Table 5.3). Moreover, each UCE provided the data for the different indicators and set the weight of each indicator for the calculation of the Matrix of Relative Importance. The 26 indicators were associated to 4 different areas or perspectives – financial, operational, legal-normative and other – with most indicators related to financial and operational areas. Only 2 of these previous 26 indicators – related to a public entity’s budget and assets – were integrated into the current Matrix of Relative Importance. Table 5.3. Office of the Comptroller General of the Republic of Chile’s indicators for assessing entities’ relative importance Indicators (2007-12) Indicators (from 2013) 1. Entity’s budget 1. Entity’s workforce size 2. 3. 4. 5. Social programmes total budget Services’ budget vs total, in percent Personnel spending vs total spending, in percent Transfers to individuals 2. 3. 4. 5. Entity’s budget outturn Social programme expenditure Social significance Budget appropriation 6. 7. 8. 9. Investment, in percent Own incomes, in percent Loans Entity’s assets vs total, in percent 6. 7. 8. 9. Total assets Municipal Defence Infrastructure 10. Debt, in percent 11. Spending in goods and services, in percent 12. Income variation 13. 14. 15. 16. 10. Companies Expenditure variation Transfers to the public sector Municipal Fund, in percent Transfers to education and health, in percent 17. Internal audit functioning 18. Professional or expert advice 19. Number of transactions – Income 20. 21. 22. 23. Number of social programmes Number of remuneration systems Workforce variation Staff under honorarios, in percent 24. Number of observations 25. Number of legal changes 26. Date of last audit Source: Information provided by CGR. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 268 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS A risk indicator is used to determine the risk exposure of individual public entities in order to guide the planning of individual audit engagements The risk indicator identifies the public entities and macro-processes that are more exposed to risk. Risk indicators complement the Matrix of Relative Importance as input for the planning of audit engagement (Table 5.4). Until 2012, risk indicators varied across the external control units, each with different data sources, making the process very resource intensive and inconsistent across the CGR. The risk indicator is based on two sub-indicators. The first sub-indicator focuses on individual public entities and includes a set of variables that allow the identification of entities with higher probability to suffer misuse of public funds or non-legal behaviour. The second sub-indicator is focused in macro-processes, composed of four different variables and aimed to determine which macro-processes are more exposed to risk. The data for these sub-indicators come from the same data sources, many of which are CGR information systems. As indicated earlier, the CGR continuously monitors, and if necessary updates, the indicators in order to ensure their relevance. Table 5.4. Office of the Comptroller General of the Republic of Chile’s audit planning risk indicators Indicator Sub-indicator Individual public entities Timing of the last CGR audit of the individual public entity, i.e. the longer the duration since the last audit, the higher the risk Accounting information, i.e. budget trends (evolución presupuestaria), budget outturn (ejecución presupuestaria) and, in the case of municipalities, the number of accounting reports delivered (cantidad de informes entregados), using information from the CGR’s Accounting Analysis Division Number of CGR audit objections related to the individual public entity during the previous two years Number of CGR cases transmitted to the courts related to the individual public entity during the previous two years Number of administrative disciplinary procedures, including those relating to matters contained in Resolution 799/1974 Level of media attention for each public entity using analysis from the CGR’s Communications and Public Relations Unit Percent of the entity’s administrative acts that have been challenged in the CGR’s ex ante control of legality (toma de razón) Macro-processes Timing of the last CGR audit of the macro-process, i.e. the longer the duration since the last audit, the higher the risk Number of observations based on previous CGR audit and follow-up work Accounting information – including personnel costs, costs of consumer goods and services, current and capital transfers, and balance in fund management, debt – using information from the CGR’s Accounting Analysis Division Level of media attention for each macro-process using analysis from the CGR’s Communications and Public Relations Unit Source: CGR (2012), Modelo de Planificacion 2013 [2013 Planning Model], External Control Technical Unit, August, CGR, Santiago. Individual audit engagements are guided by a standardised audit process that guides audit planning, audit execution and audit closure The “CGR Audit Methodology” (Metodología de Auditoría de la Contraloría General de la República) defines the activities and corresponding responsibilities for individual audit engagements. Although referred to as a methodology, the “CGR Audit CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 269 Methodology” is perhaps better described as a standard process. ISSAI uses the term methodology to describe the nature and extent of the audit procedures for gathering the audit evidence. Rather, the “CGR Audit Methodology” defines the core activities and responsibilities of different CGR actors throughout an audit engagement. Individual audit engagements have three stages: audit planning, audit execution and audit closure. Figure 5.2 provides an overview of the process and responsibilities. Table 5.5 provides a summary of the responsibilities of different CGR actors throughout the audit cycle. Audit planning refers to all of the activities prior to audit field work and for which the audit executive is primarily responsible. The overall objective of the audit planning stage is to update the audit team of the entity and subject to be audited and to define specific objectives and deadlines for the delivery of the audit work. Audit execution refers to all of the activities, including the confirmation, execution and review of testing procedures and the preparation of the preliminary audit report. Audit closure refers to audit reporting. In 2012, the CGR updated its standardised audit process. The main changes in the audit process include: reducing the number of steps from 48 to 22 to complete an individual audit engagement involving the audit executive in formulating and approving the engagement plan, including verifying the audit subjects, sample, criteria and testing procedures involving the external control technical units in the definition of the audit scope and providing structured information on the auditee’s structures and macro-processes when reviewing the objective and subject using internal knowledge of the CGR’s units – e.g. from citizen’s complaints, disciplinary procedures, media coverage – when performing audit engagements, which from 2013 onwards will include suggestions made through the new portal CGR-Citizens Portal (Contraloría-Ciudadano) using data and procedure analysis software to calculate the necessary statistical sampling as a minimum for selecting items to be audited proposing an essential test for each of the materials and/or processes to be examined in the audit applying a fixed 95% confidence interval in statistical sampling, with the assumption of ineffective internal controls and a high residual risk conducting simultaneous testing of material and substantive controls and, if deemed necessary, a specific assessment of internal control defining minimum standards of work and introducing responsibilities of all roles in the audit engagement including the supervisor’s actions in the audit process supporting the generation of a preliminary report in Word format and the audit plan in pdf. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 270 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS Figure 5.2. Stages of the Office of the Comptroller General of the Republic of Chile’s audit engagements Audit planning External Control Technical Unit 1.1 Identification of background information to be requested from the audited entity 1.2 Consolidated information on audited entity Audit team and supervisors Previous activities at the beginning of MAC (i.e. integration of work assignments for the previous activities phase) 1.6a Propose testing programme Audit executive Senior management 1.3 Review audit objectives 1.4 Review relevant administrative regulations 1.5 Define roles and responsibilities of audit team 1.6b Establish testing programme 1.7 Establish timetables for audit work 1.8 Audit Plan validation meeting 2.1 Transmit CGR oficio to audited entity indicating information to be provided and inception meeting with auditees Audit execution 2.2 Incorporate information on audtied entity’s internal processes 2.3 Statistical sampling 2.4 Defining the testing programme 2.5 Approval of testing programme (sampling and criteria) 2.5 Approval of testing programme (general procedures) 2.6 Executing the testing programme 2.7a Preparation of matrix of observations 2.7b Approval of matrix of observations 2.8 Review final audit files and draft preliminary report 2.9a Review and approval of preliminary report Audit closure 2.9b Issuing preliminary report to auditee for comment 3.1 Review comments and responses from audited entity and incorporate comments into report, as apprpriate 3.2 Audit team closing meeting and whether to propose the initiation of administrative discipnary procedures 3.3a Review final audit files and draft final report 3.3b Review and approval of finalreport 3.4 Issuing final report to auditee 3.5 Feedback and general assessment of audit work Source: CGR (2012), “Guía práctica módulo ejecución SICA v.3.0 [Practical guide SICA v3.0]”, CGR, Santiago, unpublished guidelines. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 271 Table 5.5. Responsibilities for external audit engagements within the Office of the Comptroller General of the Republic Role Position Responsibilities Senior management Head of division, regional comptroller – Lead the UCE according to the CGR’s mission and vision, including planning, monitoring and evaluation of its activities – Establish operational and management objectives for each business area in line with the objectives and strategic directions given by the Comptroller General – Ensure the quality and timeliness of work through the revision and approval of preliminary and final reports, in line with CGR’s guidelines and instructions Audit executive Area manager (committee), heads of external control – Manage, support and co-ordinate all actions and audit work for the corresponding function, maximising efficiency and effectiveness, according to the plans, guidelines and priorities stated by the senior management of the CGR – Provide clear and timely guidance, directives, orders and priorities to its area supervisors – Participate in a timely and appropriate way in all instances of the audit included by the MAC methodology Supervisor Financial supervisor, technical supervisor – Provide, in a clear and timely manner, the directives, orders and technical guidelines to auditors – Provide relevant advice to both heads of area (jefaturas) as auditors – Provide feedback to the executive in charge so as to auditors regarding the audit process – Ensure that the result of the audit adequately reflects the findings and observations previously agreed with the audit team Auditor Financial auditor, technical (public works) auditor – Execute the audit engagements according to the agreed schedule – Comply with the CGR’s audit procedures, respecting the instructions established by the corresponding executive and supervisor – Translate the result of work in the respective product Analyst of external control technical units Technical Support Unit – Keep updated information on coverage of their respective divisions and regional comptrollers – Develop and propose operational inputs to the audit planning, including materials, macro, estimated hours, auditors and estimated hours for unanticipated demand – Maintain updated information in relation to the matters to be audited, which shall consider, among others, references, special investigations, summaries, news in the press, complaints, among others – Provide audit teams systematised information on services to audit and any other information relevant to the audit team perform their work efficiently – Propose the creation and/or updating of manuals, technical guides and working methods in general, to be applied in various types of audits conducted by the Comptroller General – Conduct training requirements linked to the needs of the respective divisions and regional comptrollers Source: Adapted from CGR (2012), “Guía práctica módulo ejecución SICA v.3.0 [Practical guide SICA v3.0]”, CGR, Santiago, unpublished guidelines. Audit planning begins with the identification of information to be requested from the audited entity (step 1.1). This is followed by efforts to consolidate information about the audited entity(s) in order to give the audit team and audit executive historical information relevant to the entity(s) as input into the design of audit procedures (1.2). The consolidated information, prepared by the external control technical units, draws on both that generated by the CGR’s audit and non-audit work as well as external sources. Based CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 272 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS on the understanding of the entity(s), the audit executive establishes specific audit objectives (1.3). The audit team subsequently identifies the administrative rules and regulations related to the audited entity(s) and subject(s) that will serve as the criteria for audit field work, and the related CGR audit guidelines (1.4). The audit executive will subsequently define the roles and responsibilities of the audit team (1.5). At this stage, the audit executive selects the specific topics from which it will develop basic test programmes, with input from the external control technical units. Each macro-process will have one specific test (1.6). The audit executive will subsequently establish the draft timetable for the delivery of the preliminary and final reports, factoring in deadlines for quality control and submission of the reports to the audited entity (1.7). The audit planning process in concluded with an audit planning validation meeting between the external control technical units, the audit supervisor and audit team to finalise the objectives or the testing procedures, as appropriate. Audit execution begins with the transmission of an oficio by the CGR to the audited entity requesting information and scheduling a meeting with the leadership of the audited entity, and the beginning of the audit field work (2.1). The CGR may give public entities one day notice prior to the meeting in order to provide an element of surprise and not allow the entity to prepare its materials in advance. The formal request lists information that is to be required by the auditee, in general terms, as input for the CGR’s audit work, and analysed by the external control technical units. Once this step is completed, further information requests and meetings with the audited entity are conducted by the audit team and the audit executive. The formal request report does not give details on what is being audited and the audit timetable as it allows the CGR flexibility to adjust the subject that will be audited once it has analysed the information that it receives from the entity under audit. The CGR subsequently incorporates the information requested to revise its knowledge of the audited entity’s procedures (2.2). The audit team subsequently prepares its sampling (2.3 – see also Box 5.2) and defines its testing procedures, complementing those defined in the SICA (2.4) which must be approved by the external control technical units and audit executive (2.5). Following the execution of the audit testing procedures (2.6), the audit team prepares a matrix of observations for approval by the audit executive (2.7). Finally, the audit team prepares the preliminary report (2.8), which is presented for approval by the audit executive (2.9). Audit closure begins with the CGR reviewing the official response of, and additional materials provided by, the audited entity (3.1). The preliminary report is considered confidential and shared only with the head of the audited entity, until the emission of the final report. The CGR does not normally inform the audited entity in advance on when the preliminary report will be prepared. The audited entity is provided with a deadline of ten days to provide written comment and share additional information or documentation, though an extension of another five days may be granted by the CGR. Other exceptions may be considered based on the complexity of the audit (Administrative Order 88/2012). Comments on the preliminary report are provided only in writing and no meetings take place between the audited entity and the CGR. Based on the comments, the CGR prepares its final report. In practice, comments are received on less than 10% of audit work within the ten working day period. The CGR also has the option of waiting longer for the director’s comment and additional information. Once the response from the audited entity is received, the audit team subsequently identifies whether to initiate administrative disciplinary procedures, trials within the CGR tribunal of accounts and/or whether to share information with the Public Defender regarding possible breaches of civil and/or criminal law (3.2). The audit team reviews the final audit files and drafts the final audit CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 273 report (3.3) for review and approval by the audit executive and senior management (3.4). The finalised report is generally submitted to the service director at the same time that it is made publically available on the CGR’s website. From this publication, all the documents related to the audit become public, including the preliminary report and the audited entity’s answer. The final published report includes the signature of the respective service to confirm that they have received it. At the end of the audit process, the audit executive conducts an evaluation of the audit process for internal purposes (3.5). Six dimensions are contemplated: i) appropriateness of hours planned; ii) relevance of the background information provided by the UCTE; iii) clear definition of activities, as indicated in the SICA; iv) audit methods; v) sampling activities in accordance with the estimated time for the execution of the audit; and vi) queries were answered satisfactorily the UCTE. Box 5.2. Office of the Comptroller General of the Republic of Chile’s sampling methodology In April 2012 the CGR issued a set of guidelines on how to select the sample of transactions to be examined as part of an audit in order to ensure that auditors are able to select them without any biased criteria. The first step before determining which elements should be subject to an examination, as highlighted by the CGR, is to recognise the importance of establishing the objective or purpose of the audit. This is revealed by answering what, where and for what purpose the audit is being conducted in order to identify the scope (whether the audit shall include all or only one part of the elements of the auditee), the length (the period of time the audit work will take), the variables to be analysed and the final goal of the audit. After considering these basic aspects associated with the sample and the purpose of the audit, the sampling methodology of the CGR follows three steps: 1. Analyse the data: The analysis of the data allows the auditor to determinate whether the original purpose of the audit for that specific entity is appropriate and corresponds to the data available. For analysing the data, two computerised tools can be used: ACL, a software application designed for audit-related analysis, and Microsoft Excel’s automatic sampling system. These make the analysis of the data possible as they allow the auditor to verify the data’s integrity/completeness, verify that data items are not repeated (singularity of data), classify these items based on attributes, classify the variables that will better contribute to the study, know the main characteristics of the data (i.e. the total number of data items, their lowest and highest values, their mean), and generate frequency tables and graphs to illustrate such characteristics. 2. Determine the sample size: To determine the size of the audit sample, the CGR uses two types of statistical models (or distributions) depending on the characteristics of the data under study. The Poisson distribution is used when the number of data items to revise exceeds 60 000, which requires the software ACL to be used. On the contrary, the Normal distribution is used when the number of items is less than 60 000 allowing the use of the Excel tool. 3. Select the sample: Once steps 1 and 2 have been completed the selection of the subjects to be audited can be done through two methods: i) simple random sampling, recommended for small samples (less than 200 items) where all data items have the same opportunity to be selected as they are selected at random from the original list of potential audited subjects; and ii) stratified sampling, recommended for large samples (more than 200 items), where items can be classified in homogeneous groups to then apply the ACL functions to obtain the sample. Source: CGR (2012), “Guía práctica para la construcción de muestras [Practical guidelines for the preparation of samples]”, External Control Technical Unit, April, CGR, Santiago. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 274 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS Continually invest in developing knowledge of audited entities and programmes The CGR’s prioritisation process, or annual audit programming, entails comprehensive materiality and risk assessments in line with those suggested by INTOSAI. To further enhance understanding of the audit context, risk identification and materiality assessments should be given due consideration throughout the audit process as well (INTOSAI, 2013). INTOSAI “Fundamental Principles of Public Sector Auditing” states that, in the planning of individual audit engagements, auditors should obtain an understanding of the nature of the entity and programme to be audited. Auditors should acquire a broad understanding of the subject matter and context, including understanding objectives, operations, regulatory environment, internal controls, financial and other systems and business processes. This knowledge can be accumulated by interacting with management, those charged with governance, other relevant stakeholders and experts and by examining supporting documents and potential sources of audit evidence (INTOSAI, 2013, § 45). The CGR may include a request for specific information such as the auditee’s organisational chart, list of bank accounts used by the entity, username and passwords for accessing the entity’s information systems, list of the senior management and the duration of their employment, manual for a description of personnel positions, list of administrative procedures conducted in the entity and a list of financial transfers. By investing in developing knowledge of audited entities and programmes, and potential associated risks, auditors remain at the forefront of understanding the evolution of public sector entities, prioritising audit engagements such that they remain relevant to whole-of-government issues and to society. Ensure that the terms of the audit have been clearly established and communicated before the audit in order to support efficient execution and effective quality control of the audit INTOSAI (2013) “Fundamental Principles of Public Sector Auditing” states that the planning of individual audit engagements should define the scope, objectives and methodology to be applied in the audit. The objectives are what the audit is intended to accomplish. The scope defines the subject matter that the auditors will assess and report on and is directly related to the objectives. The methodology describes the nature and extent of the audit procedures for gathering the audit evidence. Planning the audit includes setting the scope, approach, timing and direction of the audit and defines the nature, timing and extent of the audit procedures to be performed. During planning, auditors should assign the appropriate staff to perform the audit and identify other resources such as subject experts that may be required. The audit should be planned to reduce audit risk to an acceptably low level for the auditors to obtain sufficient appropriate audit evidence to support the findings, conclusion and recommendations (INTOSAI, 2013, § 52). Moreover, INTOSAI (2013) “Fundamental Principles of Public Sector Auditing” notes that each audit should have suitable criteria to evaluate the subject matter. The precise significance and mix of criteria will depend on the objectives of the audit; however, key characteristics of suitable criteria include relevance, completeness, reliability, neutrality, understandability and objectivity. Criteria can be specific or more general, and may be formulated in various ways such as: what should be according to CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 275 laws, regulations or standards; and what is expected, according to sound principles and best practice; to what could be (given better conditions). The criteria should be available to the intended users to enable them to understand the how the subject matter has been evaluated or measured. The CGR’s planning of audit engagements could better define the scope, objectives and the methodology – as well as criteria to be used for reaching their conclusions in accordance with the INTOSAI guidance above. The CGR’s audit engagements begin with formal notice of the beginning of audit work (oficio de de inicio de auditoria) and an initial meeting with the head of the public entity. The CGR’s formal notice provides information on: i) the subject and scope to be covered by the audit; ii) whether the audit includes an examination of accounts; iii) the name of the head/deputy head of division or regional comptroller in charge of the audit; iv) the names of the auditors; and v) request for physical space and the information for conducting the audit work. The formal notice of the beginning of audit work does not include reference to the objective, methodology or criteria. Ensuring that terms of audit have been clearly established and communicated in audit planning helps to support more efficient execution of the engagement. Further, the quality of the audit is enhanced when planning ensures that auditors are able to obtain sufficient and appropriate evidence to support the audit findings, conclusions and recommendations. Ensuring quality in ex post audit engagements According to ISSAI 40 “Quality Control for SAIs”, the elements of a system of quality control implemented by an SAI should include policies and procedures that address key issues, for example leadership responsibilities for quality, ethical requirements, ensuring the adequacy and competency of human resources, engagement, performance and monitoring. These policies and procedures should be documented and communicated to all auditors. The Comptroller General is responsible for setting policies and procedures to ensure the quality of audit and non-audit work, and has established a number of units to support this goal. In general, the Comptroller General delegates responsibility for quality control to the institution’s division heads and regional comptrollers. In addition, a number of specific divisions, units and positions have been created with responsibility for providing a second level of quality control (e.g. Audit Report Review Unit) and ensuring that there are appropriately trained officials. Different units focus on quality control for ex post audit planning, audit reporting, audit follow up, general management processes and human resource management. In addition, and although not the focus of this section, these is a unit responsible for quality control of the control of legality assignments, i.e. the toma de razón (TdR). In July 2013, the CGR published its first Code of Conduct (Código de Conducta) to establish a framework to guide the behaviour of its officials. The CGR could improve the quality control of its ex post audit engagements by: supporting the implementation of ethical guidelines contained in the 2013 CGR Code of Conduct through training activities and the inclusion in audit manuals and guidelines. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 276 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS further improving existing monitoring process designed to provide it with reasonable assurance that the policies and procedures relating to the system of quality control are relevant and adequate and are operating effectively The Comptroller General is responsible for setting policies and procedures to ensure the quality of audit and non-audit work, and has established a number of units to support this goal INTOSAI (2010a) “Quality Control for SAIs” states that an SAI should establish policies and procedures designed to promote an internal culture recognising that quality is essential in the performance of all of its work. Such policies and procedures should be set by the head of the SAI, who retains overall responsibility for the system of quality control. The head of the SAI may delegate authority for managing the SAI system of quality control to a person or persons with sufficient and appropriate experience to assume that role (INTOSAI, 2010a, element 1). In general, the Comptroller General delegates responsibility for quality and quality control to the institution’s division heads and regional comptrollers. However, in addition, a number of specific divisions, units and positions have been created with responsibility for providing a second level of quality control and ensuring that there are appropriately trained officials. These divisions, units and positions include: external control technical units develop ex post audit methodologies, co-ordinate certification of CGR auditors and provide quality control over audit engagements Audit Report Review Unit (Unidad Revisora de Informes) to support improvement in the quality of audit reports, in line with the expectations of the Comptroller General and its stakeholders audit follow-up units (Unidad de Seguimiento) to monitor the implementation of the observations derived from audit engagements and special investigations by audited entities management process units (Unidades de Gestión de Procesos) to define performance goals and performance agreements and redesign internal processes to strengthen management control and quality. In addition, the Legal Co-ordination and Information Division (División de Coordinación e Información Jurídica) provides quality control over the CGR’s legal opinions (dictámenes) and ex ante control of legality assignments, i.e. the toma de razón (TdR). The General Secretariat and division/regional administrators also support internal management and capacity building activities as part of their functions. External control technical units develop ex post audit methodologies, co-ordinate the certification of CGR auditors and provide technical support during audit engagements In December 2011, the CGR created external control technical units within each external control unit to enhance the quality, standardisation and efficiency of audit planning and execution (CGR Resolution 06920/2011). The external control technical units support the annual audit programming and plan individual audit engagements in their respective divisions and regional offices. These units collect and update all data necessary to inform discussions on annual audit programming and propose public entities and macro-processes to be audited as well as calculate the estimated auditor hours for CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 277 individual audit engagements. The external control technical units are also responsible for updating the audit teams with relevant information about the public entity to be audited at the beginning of individual audit engagements. Information shared at the beginning of individual audit engagements may include the results of previous audit engagements and follow-up activities, as well as applicable norms and jurisprudence to the audit. The external control technical units report to their respective division head or deputy head, after consultation with the Comptroller General, or the regional office’s head of external control (Jefe de Control Externo). An External Control Technical Unit Executive Secretariat (Secretario Ejecutivo) is responsible for co-ordinating and ensuring consistency in the activities of the various external control technical units. The External Control Technical Unit Executive Secretariat is located in the Cabinet of the Comptroller General. The Executive Secretariat co-ordinates the promulgation of guidelines for the CGR’s audit work, including annual audit planning, audit sampling and audit reporting (Table 5.6). The External Control Technical Unit Executive Secretariat is responsible for the development and updating of the CGR’s audit software applications, co-ordinating the training and continuous professional development of the CGR’s audit officials and identifying actions to advance the design and management of all audit processes performed by divisions or regional offices. This secretariat is also responsible for ensuring that audit planning is in line with the CGR’s national audit priorities. Prior to December 2011, there was no centralised responsibility within the CGR for these functions. Rather, each external control unit was flexible in adjusting its methods for audit planning and audit execution. Nevertheless, many external control units used the materials prepared by the CGR’s Administrative Audit Division. However, in some cases the Administrative Audit Division’s materials were not adequately catered to the different audit engagements of other external control units. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 278 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS Table 5.6. Office of the Comptroller General of the Republic of Chile’s audit manuals and guidance Manual Month year first issued/ most recent update Objective Instructions and templates, if applicable Practical Guidelines for Preparing Samples (Guía Práctica para la Construcción de Muestras) April 2012 Improve the preparation of samples for audit work Not applicable Model Report Structure and Templates (Estructura y Modelo de Informes) January 2013 Standardise audit and special – Style guide for CGR audit reports investigation communications (e.g. margins, chapter size, font size, row space, titles format, tables format) with audited entities and audit reporting – Standard cover pages for preliminary and final audit reports, special investigations – Template for preliminary audit report – Template for final audit report – Template for notice initiating audit field work for the head of the audited entity/municipal secretary – Template for notice initiating special investigation for the head of the audited entity/municipal secretary – Template for notice issuing final audit report for the head of the audited entity/municipal secretary Format of the Follow-Up Report (Formato Informe de Seguimiento) April 2012 Standardise the reporting on – Template for notice of the preparation activities to follow up audited of a follow-up report to the head of entity/municipal secretary entity’s actions to address the CGR’s audit observations – Template for the follow-up report – Instructions for the elaboration of the follow-up audit report – Style guide for the CGR’s follow-up reports – Standardised definitions of actions following completion of audit work Administrative Order 88 June 2012 Standardise key processes of the audit function (audit, investigation and audit reference, ARA). – Instructions regarding the methodology, notification to the audited entity, response times and publication of audit reports – Conditions to be considered in the execution of a special investigation – Other general provisions on the completion of the audit function Source: Based on the CGR’s audit manuals. In total, there are 62 officials employed in the external control technical units. This includes three officials in the External Control Technical Unit Executive Secretariat, one of whom is focused on audit planning and one focused on audit execution. The number of officials in external control technical units varies according to the size of external control unit. The external control technical unit within the Administrative Audit Division has 12 officials, the unit within the Infrastructure and Regulation Division has 7 and the unit within the Municipalities Division has 7 officials. Until 2013, within these external control technical units, two-thirds of the officials typically focus on technical audit matters and one-third on management. Today these functions are no longer dissagregated. External control technical units in regional offices have between one and four officials CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 279 each. External control technical unit officials’ professional backgrounds include civil engineers, commercial engineers (40%), accountants (40%) and public administrators (20%) with at least one year of experience in audit work at the CGR. An Audit Report Review Unit supports improvement in the quality of audit reports, in line with the expectations of the Comptroller General and its stakeholders In May 2012, the CGR created the Audit Report Reviewing Unit (Unidad Revisora de Informes) within the Cabinet of the Comptroller General in order to improve the quality of audit reports. The unit is responsible not only for audit reports but also reports stemming from special investigations. The unit reviews approximately 90 audit reports, special investigation reports and responses to audit suggestions by citizens each month. The work of the unit is guided by the external control technical units guidance on audit report structure and model format and the units own review methodology. The unit also collates data on issues related to audit reports as input to design ad hoc training for the CGR’s divisions/regional offices involved in audit work where corrections have been found to be necessary. Beginning in the middle of 2013, the Audit Report Reviewing Unit began to review audit reports based on sampling. The unit found that it was not possible to review all audit reports in a timely manner because of the number of audit reports received. Only 60 audit reports were able to be reviewed each month, with between 66 and 211 audit reports received per month between June and December 2012. Further resources in order to strengthen this work have been requested in the new budget proposal. The Audit Report Reviewing Unit sampling of audit reports is based on the risk associated with each external control unit. However, audit reports considered critical because of the actions arising from the audit and/or media coverage are always reviewed. The risk associated with each external control unit is based on the number of errors found in the reports over the previous 18-month period. This was originally calculated for the period December 2012 to May 2013. The risk levels have been subsequently updated every three months according to the number of errors found in the reports reviewed each quarter. The risk is calculated based on the types of errors, with errors having different weights, depending on their complexity. An average is subsequently calculated based on the number of reports reviewed to ensure comparability across external control units. External control units for which there are insufficient records to determine risk levels are automatically considered as high risk. Audit follow-up units are responsible for monitoring the accomplishment of the observations derived from the audits and special investigations In December 2011, the CGR created audit follow-up units within each external control unit to ensure that auditees respond to observations and corrective measures resulting from audit engagements (CGR Resolution 06920/2011). The creation of audit follow-up units was carried out in parallel to the creation of external control technical units, discussed previously. Audit follow-up units also develop manuals and technical guides to be implemented in the follow-up process. These units also provide data to the external control technical units necessary to inform discussions on annual audit programming. Specifically, the existence of audit follow-up units allows for the provision of dedicated staff time and resources for audit follow up. Previously, auditors had to balance follow-up audit work with audit planning and audit execution. This often resulted CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 280 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS in follow-up activities being neglected. Each audit follow-up unit reports to its respective division head or deputy head, or the regional office’s head of external control. An Audit Follow-up Unit Executive Secretariat is responsible for co-ordinating and ensuring consistency in the activities of the various audit follow-up units. The Audit Follow-up Unit Executive Secretariat is located in the Cabinet of the Comptroller General. The Executive Secretariat co-ordinates the promulgation of guidelines for the audit follow up, monitors the advancement of performance goals for audit follow-up units in co-ordination with the General Secretariat and proposes improvement measures as needed. The Executive Secretariat also liaises with the General Secretariat on the personnel and resourcing needs of the audit follow-up units, such as establishing profiles for officials employed in audit follow-up units (e.g. experience in external control function, capacity for synthesis of information; and capacity for generating a high number of reports in a reduced amount of time); and establishing criteria for the performance evaluation of officials employed in the follow-up units. However, the Audit Follow-up Unit Executive Secretariat does not formally evaluate officials employed in audit followup units. Management process units support actions to define performance goals and agreements, redesign internal processes to strengthen quality and management control In 2011, the Comptroller General passed a resolution to create management process units in each division and regional office (CGR Resolution 04770/2011). The management process units seek to: i) support continuous improvements of management processes to support quality and timely processes and products; ii) enhance efficiency in line with the model of management by results through the analysis of administrative procedures; iii) support the re-engineering of processes by designating its responsibility to specific officials; and iv) verify the appropriateness of the CGR’s tools and informational systems to support management improvements. The officials employed in the management process units report to the head of their respective divisions or regional comptroller, and depend on the Management Process Units Co-ordination Unit (Comité Coordinación de UGP) within the General Secretariat. The responsibilities of the management process units include: i) preparing and monitoring performance goals and agreements between the Comptroller General and individual division heads and regional comptrollers; ii) monitoring and reporting to the head of the division/regional office and the General Secretary relevant information regarding management practices and proposing corrective measures as appropriate; identifying, proposing and evaluating the redesign of critical processes in their respective division/regional office; and iii) supporting the improvement of institutional management, including the collation and analysis of management data and professional development. Previously these performance indicators focused on quantitative issues, such as work done, planning of work and how management process units have changed internal way of working. Beginning in 2013, the CGR proposes to include indicators of quality and impact more generally. Some of the functions of management process units already existed prior to their creation. For example, the external control technical units were responsible for overseeing the achievement of performance goals. However, a whole-of-CGR approach to management control did not previously exist. There was no standardised information on the CGR’s activities and where information did exist, it was often of poor quality and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 281 asymmetrical. Today, information on the work each UGP performs is not only available in a transparent way, but also used for CGR decision making. Although IADB support helped to formalise the creation of the management process units, their origins preceded this support. The first management process unit was created in 2009 in the Bio Bio regional office. The Management Process Co-ordination Unit within the General Secretariat is responsible for: i) co-ordinating operational aspects necessary for the efficient functioning of the management process units; ii) co-ordinating the meetings of the management process units; iii) co-ordinating activities to define the goals and performance agreements; iv) monitoring and enforcing timely preparation of management reports prepared by the management process units; v) developing consolidated strategic and operational management reports as required by the General Secretary and/or Comptroller General; vi) proposing to the General Secretary instruments, tools and management procedures for continuous improvement of the management process units’ activities; vii) co-ordinating the process of collecting and consolidating information necessary for preparing the CGR’s annual report (Cuenta Pública); viii) participating in any work to develop software, tools, processes or internal rules related to the management process units’ activities; ix) reporting regularly to the General Secretary on the management and operations of the management process units and providing recommendations to enhance their functioning; x) reporting to the General Secretary about the professional requirements of the management process units in terms of training, software, equipment and logistical support; xi) evaluating the impact of the management process units’ activities and formulating recommendations as necessary; and xii) participating in key strategic projects. In total there are 30 officials employed in the management process units. Each regional office has one management process unit official. The number of management process unit officials in the divisions varies. For example, the Accounting Analysis Division has one management process unit official (the division has a total of 50 staff); the Municipalities Division has 2 (out of a total of 130 staff). Management process unit officials are professional administrators or engineers and trained by General Secretariat before taking up their responsibilities. This includes a mandatory two and a half week training programme established by General Secretariat. Management process unit officials are also subject to a probation period during which time they receive support from another management process unit officials. This is in addition to the routine training programmes that all CGR officials must undertake when entering the CGR. Whereas management process units assess the work of their respective divisions/regional offices, their officials are assessed by the regional comptroller and General Secretariat as part of the general assessment procedures. All CGR officials are subject to a bi-annual assessment by their superior and the General Secretariat issues an annual report on their performance. The General Secretariat and division/regional administrators to support internal management and capacity building activities The General Secretariat’s responsibility is to manage the CGR’s financial, material and personnel resources. The General Secretariat has a policy to all divisions involved actively in the General Secretariat’s work, e.g. strategic planning. The General Secretary also periodically meets with the heads of divisions and travels to the regional offices to meet with the regional comptrollers. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 282 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS The General Secretariat has an administrator in each of the CGR’s divisions and regional offices (administrador divisional and administrador regional, respectively). These administrators report directly to their respective head of divisions or regional comptroller but should comply with guidelines established by the General Secretariat. These administrators are responsible for supporting internal management of personnel, assets and finances as well as building the capacity of operational, logistical and administrative staff in personnel, budgeting, procurement and control processes. As part of this work, they are responsible for collecting and maintaining information for management and the General Secretariat (e.g. personnel, financial, welfare, housing), replicating what the General Secretariat does at a divisional level. Hierarchically, they depend on the head of the division or the regional comptroller. Technically, they depend on the General Secretariat (CGR Resolution 04850/2011). The Legal Co-ordination and Information Division provides quality control of legal opinions and ex ante control of legality assignments The Legal Co-ordination and Information Division reviews, prior to the Comptroller General’s signature, the draft legal opinions and TdR. The Legal Co-ordination and Information Division has the right and obligation to return legal opinions or TdR to the division that conducted the work if it has a different position. If the division/regional office agrees with the position of the Legal Co-ordination and Information Division, the appropriate changes are made. If the division does not agree with the position of the Legal Co-ordination and Information Division, it may challenge the Legal Co-ordination and Information Division. In these circumstances, the Legal Co-ordination and Information Division must prepare a document explaining the disagreement in order for the Comptroller General to take a final decision. As part of the CGR’s introduction of management by results, the Legal Co-ordination and Information Division applied a uniform manual, methodology and tools regarding the preparation of legal opinions and TdR. The methodology supported the introduction in 2012 of standardised criteria for the Legal Co-ordination and Information Division’s review of legal opinions and TdR. The new procedures have also enabled the creation of statistics prepared by the Legal Co-ordination and Information Division, to assist division heads to be aware of the common errors in their staff’s work in order to strengthen internal controls. The Legal Co-ordination and Information Division is now undertaking a process to review how the new guidelines and revision practices are being applied and what results have been. The CGR is currently undertaking a review of the implementation of the new procedures led by the Legal Co-ordination and Information Division. The CGR reports that the new procedures have shortened the time for the review process and increased the quality of the CGR’s decisions, as measured by a significant reduction in the number of processes that are sent back to the divisions/offices. Support the implementation of ethical guidelines contained in the Code of Conduct through training activities and the inclusion in audit manuals and guidelines INTOSAI (1998) notes that a code of ethics is a comprehensive statement of the values and principles which should guide the daily work of auditors, and is a critical instrument to support trust, confidence and credibility in the SAI. INTOSAI (2010a) “Quality Control for SAIs” states that an SAI should establish policies and procedures designed to provide it with reasonable assurance that the SAI, including all personnel and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 283 any parties contracted to carry out work for the SAI, comply with relevant ethics requirements. All benchmark SAIs involved in this study have a code of conduct or code of ethics for their staff (Table 5.7). The majority of SAIs have codes of conduct designed specifically for their institution, often built from national codes or international guidance such as INTOSAI Code of Ethics (ISSAI 30) or IFAC Code of Ethics for Professional Accountants. The SAIs of Israel and Spain appeal to a code of conduct implemented at a national level, while the SAI of Portugal has adopted INTOSAI Code of Ethics (ISSAI 30). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 284 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS Table 5.7. Levels of Codes of Conduct adopted in Chile and across selected countries Country SAI specific Australia Guide to Conduct in ANAO Brazil Código de Ética dos Servidores do TCU (Code of Ethics of TCU staff) Chile Código de Conducta (Code of Conduct) Costa Rica Denmark European Court of Auditors Code of Conduct for the staff members of the General Comptroller of the Republic Good Practices in Rigsrevisionen Code of Conduct for the Members of the Court, , Ethical Guidelines (for Members and staff) Israel Italy Korea Peru .. Code of Ethics for the Government Auditor and Rules of Conduct and performance of the Comptrollership Staff and the Intstitutions Control Bodies International Staff Regulation of the EU Instititutions TAKSHIR (Civil Service Regulations) and Code of Ethics for State Employees Code of Conduct for Public Administration Staff, Code of Ethics for Magistrates .. .. INTOSAI (ISSAI 30) Code of Ethics Portugal South Africa Code of Conduct Adopted National level Australian Public Service Code of Conduct and APES 110 Code of Ethics for Professional Accountants Code of Good Practice, Procedures on Ethical and Independence Requirements Code of Ethics for Public Servants in Spain Notes: Australia: The ANAO adopts APES 110 issued by the Accounting Professional & Ethical Standards Board, as a national equivalent to the International Ethics Standards Board for Accountants: Code of Ethics for Professional Accountants. Compliance with the Australian Public Service Code of Conduct is required by section 13 of the Public Service Act 1999. Israel: In addition to the Code of Ethics for State Employees, a number of provisions within State Comptroller Law regulate the conduct of SAI officials. Italy: the implementation of the Code of Conduct is overseen by the managers for administrative staff, by the Secretary General (magistrate) for managers and by the Council of the Presidency for the magistrates. The Magistrates are evaluated by the Council of the Presidency on incorrect behaviours and are put through disciplinary procedeeings by General Prosecutor of Corte dei Conti where needed. Portugal: Adopted the Code of Conduct of INTOSAI (ISSAI 30), but has an additional declaration for conflict of interest to be issued with each audit engagement. South Africa: AGSA's Code of Good Practice is founded on its own Procedures on Ethical and Independence Requirements, and the International Federation of Accountants (IFAC)'s Code of Ethics for Professional Accountants and INTOSAI's Code of Conduct. Spain: while the general Code of Ethics for Public Servants in Spain is applicable to the SAI’s staff, there are also specific prescriptions in the SAI’s Legislation that reinforce this subject. Spain Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 285 In implementing the Code of Conduct, SAIs should emphasise the importance of meeting relevant ethical requirements in carrying out their work; the head of the SAI and senior personnel within the SAI should serve as an example of appropriate ethical behaviour; the SAI should ensure that policies and procedures are in place that reinforce the fundamental principles of professional ethics (i.e. integrity; independence, objectivity and impartiality; professional secrecy; and competence); the SAI should ensure that policies and procedures are in place to notify the head of the SAI in a timely manner of breaches of ethical requirements and enable the head of the SAI to take appropriate action to resolve such matters; and SAIs should ensure that policies and procedures are in place that reinforce the importance of rotating key audit personnel, where relevant, to reduce the risk of familiarity with the organisation being audited (INTOSAI, 2010, element 2). In July 2013, the CGR published its first Code of Conduct to establish a framework to guide the behaviour of its officials. The code also includes the Comptroller General’s position on the expected ethical behaviour of the CGR’s officials in specific contexts in order to reinforce public trust in the institution. The CGR’s Code of Conduct was prepared with consideration of the Constitution of the Republic, the Constitutional Organic Law on General State Administration (Law18 575), the CGR Organic Law (Law 10 336), Law 18 834, general guidelines on the fight against corruption and good public governance issued by the OLACEFS Special Technical Commission on Public Ethics, Integrity and Transparency (Comisión Técnica Especial de Ética Pública, Probidad Administrativa y Transparencia); and the International Standards of Supreme Audit Institutions on “Code of Ethics”. The CGR’s Code of Conduct provides guidance and practical examples on: i) relations between CGR officials; ii) relations with those interacting with the CGR; iii) conflicts of interest; iv) management of information; v) use of resources; vi) social responsibility; and vii) security and safety. Box 5.3 provides an example of the guidance provided by the CGR’s Code of Conduct in relation to conflict of interests. While it is not explicit, the CGR’s Code of Conduct covers most fundamental principles of professional ethics as outlined in INTOSAI Code of Ethics (ie. integrity; independence, objectivity and impartiality; professional secrecy; and competence). The CGR covers the principle of competency insofar as the Code of Conduct requires auditors to meet high professional standards and know all applicable procedures, practices, standards and principles. However, the Code of Conduct does not oblige auditors to update and improve the skills and competencies required, which is another aspect of the competency criteria. This could be considered in relation to recommendations in Chapter 3 to further develop the competency framework to support the institution’s goals. All benchmark SAIs report that their institution’s ethical requirements are aligned with those of integrity, independence, objectivity and impartiality, regardless of whether a benchmark SAI has designed its own Code of Conduct or appeals to national or international guidance. Fewer SAIs provide explicit guidance on professional secrecy and competence within their code of conduct. In the case of the SAI of Peru, competency is covered in the Government Auditing Standards- adherence to which is required by the Code of Ethics (Table 5.8). The CGR’s Code is explicit that it covers all CGR officials, irrespective of their function, position, grade, age or gender. Although not obligatory for non-CGR officials, the code invites all parties related to the CGR, such as suppliers and external services to follow the Comptroller General’s guidance. The CGR’s officials are expected to understand and apply the code as well as the institution’s internal regulations to avoid CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 286 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS improper behaviour and misconduct. Moreover, in the case that a CGR official has any doubts or questions and specific situations or behaviours, the code states that they should consult with their immediate supervisor to jointly resolve the matter. The code notes that matters that cannot be resolved by direct supervisors should be directed to the official’s respective division head or regional comptroller and subsequently the CGR General Secretariat. Table 5.8. Code of Conduct Coverage in Chile and across selected countries Country Australia Brazil Chile Costa Rica Denmark European Court of Auditors Israel Italy Korea Peru Portugal Trust, confidence and credibility ● ● ● ● ● ● ● ● ● ● Indepedence, Objectivity and Impartiality ● ● ● ● ● ● ● ● ● ● ● ● .. ● ● ● .. ● ● ● .. ● ● o .. ● o o .. o Integrity Professional Secrecy Competence How is the code of conduct implemented? ● ● ● .. ● ● ● o .. ● Trainings / Induction Tranings Trainings Induction Trainings / Induction Trainings / Induction / other- workshops Tranings / otherdeclaration Trainings / other .. Trainings / Induction Trainings / otherdeclaration Trainings / Induction / other- workshops Trainings / Induction ● ● ● ● ● South Africa ● ● ● o ● Spain .. ● ● ● ● Total yes 6 12 12 12 8 Notes: ● = Yes; o = No; x = Not applicable; .. = Missing. Chile: The CGR covers the principle of competency insofar as the Code of Conduct requires auditors to meet high professional standards and know all applicable procedures, practices, standards and principles. However, the Code of Conduct does not oblige auditors to update and improve the skills and competencies required. Israel: Every official must fill in a declaration form to declare potential conflicts of interest which may arise in the course of fulfilling professional obligations. It is examined and actioned upon, where needed, by the legal department. Italy: Corte dei Conti's Code of Conduct also includes transparency and traceability of decisional processes in compliance with regulations related to the publication of the public administrations’ acts. South Africa: Although South Africa has adopted IFAC’s Code of Ethics, its Guidelines for Disciplinary Action Applicable to Specific Transgressions can be read as containing directives for conduct. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013. Attention is necessary to support the implementation of the code such as through training and inclusion in audit guidelines. Ethics training is a useful tool for strengthening ethics and preventing corruption in public entities, including SAIs, if applied together with other tools as part of a comprehensive pro-integrity policy. As the CGR has a large workforce to roll out training immediately, several groups could be targeted immediately, including the leadership and senior officials (i.e. division heads and regional comptrollers) as well as new officials. Compulsory programmes are advisable for these target groups. To make the training less formalistic and more practice oriented, and to use the limited time allocated for ethics training to its best, it is very important to apply modern training methods and include a combination of lectures, practical tailor-made case studies and workshops. Training could be evaluated by assessing both the knowledge CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 287 received by the participants of the training and to identify ways to further improve the training. Outputs such as the number of public officials trained are insufficient, as is commonly reported by the CGR for its other training programmes. However, it must be emphasised that direct evidence that the training has led to improvement in ethical behaviour among CGR officials will not typically be available in the short term and long-term measures are more appropriate. All benchmark SAIs in this study implement their codes of conduct through either training or inductions for new staff. In addition to this, the European Court of Auditors holds workshops in which staff must assess and address ethical dilemmas likely to arise in the course of their work. To ensure adherance to the national and international codes for their staff, the SAIs of Israel and Portugal require that each employee must fill in a formal declaration on potential conflicts of interest. The SAI of Australia commissions periodic surveys to assess how well codes of conduct and the associated values are integrated into daily work. Parliamentarians are invited to partake in telephone interviews, online surveys and hard-copy questionnaires to assess the accessibility, responsiveness and extent to which information provided by ANAO staff met their needs (OECD 2013). Box 5.3. Office of the Comptroller General of the Republic’s Code of Conduct guidance on conflicts of interest In July 2013, the CGR published its first Code of Conduct (Código de Conducta) to establish a framework to guide the behaviour of its officials. The code also includes the Comptroller General’s position on the expected ethical behaviour of the CGR’s officials in specific contexts in order to reinforce public trust in the institution. The CGR’s Code of Conduct includes guidance and practical examples of the expected behaviour in relation to conflicts of interest. The CGR’s officials, in the exercise of their functions, must ensure that public interest prevails in any situation that may give rise to an actual or potential personal benefit to themselves or others, and to prevent any reasonable doubt about the integrity, transparency and responsibility with which it is acting. General behaviour The actions performed and decisions taken are to be based on responsibilities and duties of the institution and never for the benefit of the official or another third party. The processes and actions are regulated based on laws and regulations. When faced with a potential conflict of interest that could affect the legitimacy of the CGR’s actions, the matter should be discussed with the official’s direct supervisor based on the existing regulations. Encourage a culture of public service, in which situations of conflicts of interest are properly identified by function and it is known how they might be solved. If it is known that a colleague has been involved in a conflict of interest, officials are urged to take it up with their head. The CGR supports public services in the identification and resolution of a conflict of interest. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 288 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS Box 5.3. Office of the Comptroller General of the Republic’s Code of Conduct guidance on conflicts of interest (cont.) Personal relationships between officials should not affect the interests of the CGR, as employment decisions should be based on merit, evaluations, performance, skills and experience.When making decisions, officials should not privilege or favour family and friends. Duties should be conducted in an honest and transparent way, contributing to fulfilling our corporate mission and to the benefit of the citizens. In a situation of conflict of interest, in which the result of an audit can affect a family member or friend, an official should raise this with his/herdirect leadership, in accordance with current regulations.Officials do not accept gifts, benefits or privileges of any kind, because it could generate some doubt about their actions as an officer of the Comptroller. Exceptions, according to law, are official donations and protocol. Officials should not externalise their political opinions through social networks or other means of mass communication, as it can affect the CGR’s image. In practice In a situation where an official’s work corresponds to a case involving a family member, the official should inform his/her direct leadership to avoid questioning about their objectivity and independence. Where an official has developed professional and friendly ties, they do not use the connections for personal benefit – for example, expediting personal documentation. When a client is grateful for an official’s work and offers a personal gift, the official should not accept it, telling the client that their work is a public service and that no compensation is needed. The official should make their direct leader aware. If an official decides to invest on the stock market, they should refuse to involve the company. An official should avoid expressing his/her political views on social networks, recognising that it could create social turmoil and affect the image of autonomy of their workplace. Source: CGR (2013), Código de Conducta [Code of Conduct], CGR, Santiago. Externally, the CGR could continue its efforts to support ethics training in the executive.4 While the CGR is the institution responsible for delivering the main guidelines on Probity and Public Ethics in Public Administration, the public administration in Chile has adopted quite a decentralised approach on ethics training with public officials being trained on values and standards of conduct through programmes implemented by individual public entities. The individual human resource departments of public entities develop the contents of the training material. The CGR could also engage with the Council of Government’s General Internal Auditors (Consejo de Auditoría Interna General de Gobierno). This council provides guidance on public ethics and participates in the “Network of Government Institutions for Public Ethics in the Americas”, together with the United States Office of Government Ethics and the Canadian Office of the Ethics Counsellor, among others. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 289 Establish a monitoring process to provide management with reasonable assurance that policies and practices relating to quality control are relevant and adequate and are operating effectively INTOSAI (2010a) “Quality Control for SAIs” states that an SAI should establish a monitoring process to provide management with reasonable assurance that policies and practices relating to quality control are relevant and adequate and are operating effectively. In doing so, SAIs should ensure that the results of the monitoring of the system of quality control are reported to the head of the SAI in a timely manner, to enable the head of the SAI to take appropriate action. Where appropriate, SAIs should consider engaging another SAI, or other suitable body, to carry out an independent review of the overall system of quality control (such as a peer review), as have the SAIs of Denmark and South Africa, and the European Court of Auditors. Where appropriate, SAIs may consider other means of monitoring the quality of their work, which may include, but not be limited to: independent academic review; stakeholder surveys; follow-up reviews of recommendations; or feedback from audited organisations (e.g. client surveys). SAIs should have procedures for dealing with complaints or allegations about the quality of work performed by the SAI. SAIs should consider whether there are any legislative or other requirements to make monitoring reports public or to respond to public complaints or allegations related to the work carried out by the SAI. For most benchmark SAIs, quality control is an integral part of each audit engagement, yet only 6 SAIs report having a monitoring process to ensure that this quality control is relevant, adequate and operating effectively. Surveys and independent peer reviews- conducted by suitable bodies, peer SAIs or academia - are the most commonly used techniques. The CGR is commissioning an assessment on the value, impact and relevance of its work. Furthermore, it has begun to survey stakeholders for feedback and has established procedures for stakeholders to make complaints online. The SAIs of Australia, Denmark, South Africa and Spain and the European Court of Auditors similarly take a variety of approaches to quality control assurance, which include those suggested by INTOSAI (2010a) “Quality Control for SAIs” (Table 5.9). The SAI of Denmark conducts surveys periodically, as detailed in (Box 5.4). The SAI of Australia commissions an annual Independent Audit, and has an arrangement with the SAI of New Zealand for biennial peer review of selected performance audits. In 2013, the Independent Auditor reported publicly on the topic of Quality Control around Financial Statement Audits. To ensure follow-up on recommendations and outcomes of surveys, the ECA is in the practice of sharing survey feedback from audited entities, clients and academics to relevant audit teams. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 290 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS Table 5.9. Monitoring processes and techniques to ensure that Quality Control systems are relevant, adequate and operating effectively Country Monitoring processes exist Entails Peer reviews Surveys Complaint Mechanisms ● Australia Brazil Chile Costa Rica Denmark European Court of Auditors Israel Italy Korea Portugal South Africa Spain ● o ● o ● ● ● x x x ● ● ● x x x ● ● o ● ● ● o o o o ● ● x x .. x x x .. x x x .. x ● o o ● o ● Total yes 6 5 5 3 .. Notes: ● = Yes; o = No; x = Not applicable; .. = Missing. Peer Review refers here to reviews conducted by another SAI or other suitable body, or to an academic review. Surveys refer here to client/auditee surveys and quality surveys. Australia: In addition to annual and biennial peer review mechanisms, ANAO conducts auditee surveys, parliamentary surveys and has completed an ASQC1 equivalent internal review of the Office. South Africa: Audit quality is one of AGSA's key performance measures and primary focus areas. Policies and procedures are designed to ensure that the quality control system is relevant, adequate, operating effectively and complies with, and includes an annual quality control review conducted by the South African Independent Regulatory Board for Auditing. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 291 Box 5.4. Processes to ensure quality control is relevant, adequate and operating effectively Rigsrevisionen , the SAI of Denmark, has used a variety of techniques to assess their value added to audited entities and to the governance system. In 2006, the SAIs of Canada, Norway, Poland and Sweden conducted a peer review of Rigsrevisionen at its request. The review aimed to provide parliament, the Public Accounts Commmittee, the government administration and the public with an external assessment of its ability to provide parliament with objective information about the government administration. It looked at Rigsrevisionen’s independence, design and operational effectiveness. Rigsrevisionen’s financial audit and performance audit work was assessed against international standards (INTOSAI) and their own internal guidelines in the areas of independence and competence, planning, data collection and documentation, quality control and assurance, reporting and follow up. The review highlighted good practices and suggested that Rigsrevisionen could have further strategic planning, more consistent risk analyses in financial audits, increased focus on IT audits and a strategy for drawing up recommendations. It also suggested that performance audits should focus more on economy, efficieny and effectiveness. Following the review, Rigsrevisionen management created an action plan to address the review’s suggestions, assigning each area of weakness a task and actor to follow-up on that task. For three weeks in 2009, Rigsrevisionen had a consultancy firm conduct an independent client survey on their behalf. The clients included permanent secretaries, director generals, managing directors of government-owned companies, financial managers, other officials in central government and members of the Public Accounts Committee. Rigsrevisionen was most interested in understanding how their clients experienced the quality of services offered, their working relationship and the usefulness of their audit findings. The survey identified areas for improvement across four areas- financial auditing (annual audit); performance auditing (major examinations); coordination, planning and counselling; and interaction with the Public Accounts Committee. The findings included recommendations to become more responsive during the audit phase in which memoranda and draft reports are being prepared, and to raise the competencies of SAI staff to a more uniform level. Source: Peer Review of Rigsrevisionen, http://uk.rigsrevisionen.dk/about-us/development/, Management’s action plan to follow up on peer review suggestions http://uk.rigsrevisionen.dk/aboutus/development/managements-action-plan-to-follow-up-on-the-review-suggestions/ , and Summary of Rigsrevisionen’s client survey, http://uk.rigsrevisionen.dk/how-we-audit/client-survey-2009. Conclusions The CGR has demonstrated its commitment to ensuring that audit work is relevant to strategic, social and functional perspectives and is of high quality, through comprehensive and careful annual audit programming, updates to the standardised audit process in 2012 and a new Code of Conduct introduced in 2013. Building on this momentum, the CGR could continue to invest in developing knowledge about audited entities and programmes. This can occur through both clearer communication on objectives, methodology and criteria in advance of the audit, and by leveraging auditee engagement throughout the entire audit process. Not only does this help to support more efficient execution of the engagement at hand, it acts as a feedback mechanism for future prioritsation, planning and execution. Furthermore, this helps to support effective quality control of the audit when informed planning reduces risk to an CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 292 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS acceptably low level such that auditors are able to obtain sufficient and appropriate evidence to support the findings and conclusions. Efforts to improve prioritisation, planning and execution of audits are most effective when coupled with efforts to improve monitoring and quality control. With the introduction of a new Code of Conduct, the CGR has the opportunity to augment its quality of work and professional conduct. They can ensure that the requirements outlined in the Code of Conduct are integrated into the daily work of CGR officials through trainings, inductions and other activities including workshops and surveys. The CGR could consolidate current monitoring and quality control processes, and build on current initiatives to implement independent monitoring mechanisms. This would help provide management with reasonable assurance that both the conduct of auditors, and the quality of their work, is held to the standards by which CGR wishes to govern. The CGR can benefit from an independent and objective evaluation of its performance, as well as a better understanding of the needs and wants of auditees, through peer reviews on specific audit work or engagements, or further integrating client surveys, for example. Acquiring continuous feedback helps to ensure that audit priorities remain relevant to whole-of-government issues in a dynamic and changing society. Table 5.10 provides a summary of the recommendations made in this chapter. Table 5.10. Preliminary recommendations matrix: Prioritising and ensuring the quality of individual audit engagements Preliminary recommendation Response to challenge/weaknesses Expected impact of recommendation Prioritise ex post audit engagements, including: – continually investing in developing knowledge of audited entities and programmes – ensuring that the terms of the audit have been clearly established and communicated in order to support efficient execution and effective quality control of the audit. To remain at the forefront of understanding in the evolution of public sector entities with a whole-of-government approach. To leverage engagement with audited entities by defining the objective of individual audit engagements and the criteria that will be used to assess audited entities as part of its formal audit planning and future prioritisation To ensure relevance of audit priorities. To ensure clear understanding of the terms of the audit by auditors, as well as serving as a basis for communicating this information with auditees. To ensure that auditors have a clear understanding of the objectives, operations, regulatory environment, internal controls, systems and business processes involved as well as the potential sources of audit evidence. Ensure quality in ex post audit engagements, including: – supporting the implementation of ethical guidelines contained in the CGR’s 2013 Code of Conduct through training activities and the inclusion in audit manuals and guidelines – consolidating monitoring and quality control processes. The CGR published its first Code of Conduct in July 2013 in order to establish a framework to guide the behaviour of its officials. However, attention has yet to focus on supporting the implementation of the code such as through training and inclusion in audit guidelines. Implementation of the Code of Conduct could be evaluated by assessing both the knowledge received by the participants of the training and to identify ways to further improve the training. Monitoring processes need further consolidation and strengthening, in order to to provide management with reasonable assurance that policies and practices relating to quality control are relevant and adequate and are operating effectively. To provide reasonable assurance that the conduct of auditors is beyond reproach at all times and in all circumstances as a basis for promoting trust and confidence in the auditors and their work. To provide the Comptroller General and CGR management with reasonable assurance that the policies and procedures relating to the system of quality control are relevant and adequate and are operating effectively, as a basis for evaluating and improving quality control. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS – 293 Notes 1. The external control technical units (UTCE) keep track of the relevant information for each entity, namely: accounting information, complaints or fiscalisation suggestions by citizens; revised materials in recent years; press analysis; suggestions from the audit teams. 2. SICA supports the definition by the UTCE of the services, programmes and matters to be audited in an efficient and effective way ensuring quality and the accomplishment of goals established by the institutional doctrine. For these purposes, SICA uses parameters and indicators that are entered into the system. 3. For FY 2013, the weighting of the crossing of the two instruments were the same i.e. 50% for the Matrix of Relative Importance ranking and 50% for the Planning Unit’s risk indicators ranking. This weighting may be changed in future years. 4. The CGR is the institution responsible for delivering the main Guidelines on Probity and Public Ethics in Public Administration. Through an agreement with two universities, since 2008 the CGR has been holding an annual Seminar on Probity and Transparency, involving utilities and municipalities throughout the country. To date, there have been 25 versions of the seminar, with a total of 3 420 public and municipal officials, who participated in the different versions, held in each of the regions. In addition, the CGR has trained over 740 officials in more than 35 activities on probity and public ethics in the public administration. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 294 – 5. THE CHILEAN COMPTROLLER GENERAL OFFICE’S WORK IN PRIORITISING AND ENSURING QUALITY OF INDIVIDUAL AUDITS References CGR (2013), Código de Conducta [Code of Conduct], CGR, Santiago. CGR (2012a), Estudio sobre Estimación de Horas a Planificar [Study on the Estimation of Hours to be Included in Audit Planning], External Control Technical Unit, CGR, Santiago, June. CGR (2012b), “Final report: Assessment of activities and results strengthening performance-based management project”, CGR, Santiago, June, www.contaloria.cl. CGR (2012c), “Final report. Study on the estimation of hours to be included in audit planning, external control technical units”, CGR, Santiago. CGR (2012d), “Guía práctica módulo ejecución SICA v.3.0 [Practical guide SICA v3.0]”, CGR, Santiago, unpublished guidelines. CGR (2012e), Modelo de Planificación 2013 [2013 Planning Model], External Control Technical Unit, CGR, Santiago, August. OECD (2013), Brazil’s Supreme Audit Institution: The Audit of the Consolidated YearEnd Government Report, OECD Public Governance Reviews, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264188112-en. INTOSAI (International Organisation for Supreme Audit Institutions) (2013), “Fundamental Principles for Public Sector Auditing”, International Standards of Supreme Audit Institutions (ISSAI), 100, INTOSAI Professional Standards Committee, Copenhagen. INTOSAI (2010a), “Quality Control for SAIs”, International Standards of Supreme Audit Institutions, 40, INTOSAI Professional Standards Committee, Copenhagen. INTOSAI (2010b), How to Increase the Use and Impact of Audit Reports: A Guide for Supreme Audit Institutions, National Audit Office, London, http://cbc.courdescomptes.ma/index.php?id=20&tx_abdownloads_pi1%5baction%5d= getviewclickeddownload&tx_abdownloads_pi1%5buid%5d=86&no_cache=1. INTOSAI (1998), “Code of Ethics”, International Standards of Supreme Audit Institutions, 30, INTOSAI Professional Standards Committee, Copenhagen. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 295 Chapter 6 Enhancing the transparency and performance of Chile’s supreme audit institution* This chapter examines practices used by the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to improve its transparency and demonstrate its impact. Transparency and performance are elements for enhancing the CGR’s own accountability – and leading by example. In examining the CGR’s practices, the chapter examines the institution’s: i) efforts to enhance transparency of its mandate, responsibilities and operations, including through the use of the Internet and social media; and ii) approaches to measure the performance of its internal operations and audit assignments. The analysis is framed by International Standards of Supreme Audit Institutions (ISSAI), INTOSAI good guidance and a past UN/INTOSAI Symposium on Government Audit. Specific reference is made to INTOSAI “Principles Transparency and Accountability” (ISSAI 20), INTOSAI How to Increase the Use and Impact of Audit Reports: A Guide for Supreme Audit Institutions and the UN/INTOSAI “Symposium on the Value and Benefits of Government Audit in a Globalised Environment”. The chapter includes comparative data for the CGR as well as 13 SAIs collected through an OECD survey conducted specifically for this peer review. * The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 296 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION Introduction This chapter examines the practices used by the Office of the Comptroller General of the Republic (Contraloría General de la República, CGR) – Chile’s supreme audit institution (SAI) – to improve its transparency and demonstrate its performance. Transparency and performance measurement help an SAI to demonstrate to government, citizens and business that it has used its resources effectively, that audit assignments are carried out according to recognised standards and that there is continuous improvement in audit function over time (UN/INTOSAI, 2007). External stakeholders are also interested in the value and benefit of SAIs to ensure appropriate oversight of government operations, as a means to support efforts to strengthen public institutions (OECD, 2011). Moreover, given their oversight and accountability role, SAIs must lead by example, promoting a better understanding of their mandate, responsibilities and strategy and demonstrating the value that they provide for citizens. SAIs serve as important pillars of their national democratic systems and play a pivotal role in enhancing public sector performance, emphasising the importance of the principles of good governance, transparency and accountability (INTOSAI, 2010a). The discussion of the CGR’s practices to improve its transparency and measure its performance should be seen within the broader context of the public sector in Chile. The government of Chile has increased transparency since the 1990s as part of a process of administrative reform. Since 2006, the government of Chile has emphasised the principle of “active transparency”, for public entities to report information on their own initiative and without the need of any requirement whatsoever.1 The Law on Access to Public Information (Law 20 285), promulgated in 2009, enforces the citizens’ right of access to public information and created a Council for Transparency responsible for enforcing the law. In 2011, the government of Chile joined the Open Government Partnership (OGP) – a multilateral initiative that aims to secure concrete commitments from governments to promote transparency, empower citizens, fight corruption and harness new technologies to strengthen governance. The CGR, as part of an agreement with the Council for Transparency, supports the review of public entities’ compliance with the Law on Access to Public Information. The CGR also formally participated in the formulation of the government of Chile’s OGP action plan.2 The use of performance information in public budgeting in Chile is advanced, and is part of a broader performance management system, known as the “system of evaluation and management control”. This system has five components. First, strategic definitions describe a public entity’s mission, goals, products and beneficiaries and are submitted annually to Congress as part of the information accompanying the Budget Bill. Second, performance indicators and goals are incorporated into ministries’ budget proposals that are reviewed by the Ministry of Finance’s Budget Directorate. Third, impact evaluations and comprehensive spending reviews are employed led by the Budget Directorate, the reports of which are sent to Congress and made publicly available. Fourth, a Management Improvement Programme rewards central government employees with bonuses based on the organisation’s performance in specific domains. Finally, all public entities must report on their objectives, management targets and results each year, and which are analysed by the Budget Directorate and forwarded to Congress. This system aims to improve the effectiveness of policy making and management throughout central government, to create performance incentives for public officials and to make the budget results-oriented (Hawkesworth et al., 2013). CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 297 In analysing the CGR’s practices to improve its transparency and demonstrate its performance, this chapter examines the institution’s: efforts to enhance the transparency of its mandate, responsibilities and front-line and back-office operations, including through the use of the Internet and social media as a necessary prerequisite for accountability approaches to measure performance to inform internal management decision making, to facilitate dialogue with its stakeholders and support external accountability to citizens. The analysis is framed by International Standards of Supreme Audit Institutions (ISSAI), International Organisation of Supreme Audit Institution (INTOSAI) good practice guidance. Specific reference is made to INTOSAI (2010a) “Principles of Transparency and Accountability”, INTOSAI (2010b) How to Increase the Use and Impact of Audit Reports: A Guide for Supreme Audit Institutions and conclusions of the UN/INTOSAI (2007) “Symposium on the Value and Benefits of Government Audit in a Globalised Environment”. The “Principles of Transparency and Accountability” places emphasis on transparency of the SAI’s mandate, mission and strategy, as well as the process and methods used to provide oversight. It also places emphasis on SAIs publicly reporting on the results of their audit work and their operations, including achieving economic, efficient and effective management. INTOSAI (2010b) places emphasis on enhancing the impact of audit work throughout the audit cycle, including before, during and after the audit. It also draws attention to how engaging stakeholders (i.e. legislature, media and civil society) in audit work can enhance the impact of SAIs. UN/INTOSAI (2007) recommends that SAIs develop further performance measures and reporting on their efficiency, delivery of products and other outputs, timeliness of audit reporting, obtain feedback on their work, monitor media coverage of audit work as well as staff satisfaction. Increasing transparency of institutional responsibilities and assignments Transparency of the CGR’s responsibilities and assignments serves as a basis for discussing its performance and supporting its accountability. INTOSAI (2010a) “Principles of Transparency and Accountability” consider transparency as including the obligation to report publically on audit findings and conclusions and to facilitate public access to information about the SAI. Specifically, the principles state that first and foremost, the legal framework should support SAI transparency and accountability (Principle 1). In addition, the SAI should: make publicly available its mandate, mission and strategy (Principle 2); adopt objective and transparent audit standards, processes and methods (Principle 3); report publicly on the results of its audits and on its conclusions regarding overall government activities (Principle 7); and communicate timely and widely on its activities and audit results through the media, websites and by other means (Principle 8). The CGR’s legislative framework provides a sound basis for the institution’s transparency, though this framework can create some confusion regarding the scope of the CGR’s mandate. The CGR makes information publically available on its mandate, mission and the types of its assignments through its website and annual report; however, it does not provide information regarding its audit standards and methods. Beginning in 2010, the CGR made available, free of charge, its audit reports and legal opinions through its website; previously such materials had to be formally requested. Today, the CGR’s CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 298 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION website is considered one of the most transparent within the national (central) government. The CGR also communicates timely and widely on its audit findings using social media and the press. However, the CGR does not produce executive summaries and other means to increase the ease with which its audit reports can be understood and used, as discussed in Chapters 2 and 4. Nor has the CGR created any products that communicate common findings, trends and root causes identified through its audit engagements. The CGR has a communication (action) plan to strengthen internal and external communications, but the institution does not have a communications strategy to ensure its main messages are successfully communicated to its target audiences. In order to enhance transparency of the CGR’s responsibilities and assignments, the CGR may consider: increasing the clarity of the CGR’s mandate as part of current efforts to amend the institution’s organic law promoting the transparency of audit standards, processes and methods in order to facilitate understanding of and build confidence in audit working methods developing products that combine the findings of different audit assignments and communicating a broader understanding of government issues leveraging its communication strategy to support active use of audit work, defining audiences and identifying how they access this information undertaking specific measures to overcome barriers and constraints attributed to the country’s digital divide. Increase the clarity of the Office of the Comptroller General of the Republic’s mandate as part of current efforts to amend the institution’s organic law Chile’s Constitution and the CGR Organic Law (Law 10 336) establish the framework for holding the institution accountable, in accordance with INTOSAI (2010) “Principles of Transparency and Accountability”. These principles state that SAI guiding legislation should establish the terms in which it can be held responsible and accountable. This legislation should generally cover: i) the institution’s audit authority, jurisdiction and responsibilities; ii) the conditions surrounding appointment and dismissal of the head of the SAI (or members of collegial institutions); iii) the SAI’s operating and financial management requirements; iv) the timely publishing of audit reports; v) the oversight of the SAI’s activities; and vi) the balance between public access to information and confidentiality of audit evidence and other SAI information (Principle 1). However, the CGR Organic Law can give rise to confusion about the institution’s mandate. Specifically, the Organic Law implies that the scope of the institution’s mandate is broader than it is in practice. The government of Chile is currently exploring formulating a new CGR Organic Law and this opportunity could be used to clarity the CGR’s mandate and organisational structure. Chile’s Constitution (Art. 98) defines the CGR’s responsibilities and establishes its organisational independence from the executive, legislature and judiciary. The Constitution establishes the CGR’s responsibilities as including: i) overseeing the legality of acts of the public administration; ii) overseeing the revenue received and investment funded by the state treasury, municipalities and other statutory public entities; iii) examining and judging the accounts of individuals entrusted with resources of public entities under the oversight of the CGR; and iv) preparing the general government CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 299 accounts (contabilidad general de la nación). The Constitution establishes the CGR as an autonomous constitutional body and the conditions surrounding appointment of the Comptroller General, the organisation’s head. The Comptroller General is nominated by the President of the Republic and confirmed by the Senate for an eight-year non-renewable term or until mandatory retirement of 75 years of age. Chapter 1 discusses the CGR’s organisational independence in more detail. The CGR Organic Law establishes that the Comptroller General has the freedom to decide the objective and scope of audit engagements and to publish and disseminate the results and findings. The Comptroller General may report on any other matter related, or potentially related, to the investment or promise of public funds, insofar as doubts arise with regard to the correct application of the laws concerned. However, the Comptroller General may not intervene or report on matters that by their nature are obviously litigious, or have been brought to the attention of the courts of justice, that are within the sphere of competence of the State Defence Council (Law 10 336, Art. 6). Audit reports on the Armed Forces of Chile (Fuerzas Armadas de Chile) are not publically available if they contain material that is categorised as secret or reserved under the Law 20 285 on Access to Public Information (Law 20 285) and the Code of Military Justice (Código de Justicia Militar – Decree 2 226). Chapter 1 discusses the CGR’s functional independence in more detail. The CGR Organic Law grants the Comptroller General significant administrative independence. The Comptroller General has authority to close, merge or create divisions/units, establishing to whom officials report and assigning to them powers and assignments, as guaranteed by the CGR Organic Law. The Comptroller General is also responsible for the allocation of personnel among the divisions and offices of the CGR and for appointing officials who serve as division heads, regional comptrollers and prosecutors (Law 10 336, Art. 51). The Comptroller General is free to appoint staff within the budgetary framework approved by the National Congress’ Joint Budget Committee, including mobilising short-term expertise through honoraria and other service contracts. CGR officials are appointed, promoted and removed at the pleasure of the Comptroller General (exclusiva confianza del Contralor), with complete independence from any other public authority (Law 10 336, Art. 3). Chapter 1 discusses the CGR’s administrative independence in more detail. Balancing this administrative independence, the CGR Organic Law establishes the obligation that the Comptroller General report annually on the management of its budget and activities to the President and both houses of Congress. Each of the CGR’s regional offices – of which there are currently 14 – must also produce an annual report on its operations for the regional executive (gobierno regional) (Law 10 336, Art. 143). In practice, these annual reports are also presented to the public. These annual reports are independent of other reports prepared and released by the Comptroller General, and that may be brought to the attention of the National Congress, the media or the general public as deemed appropriate (Law 10 336, Art. 6). The content of these annual reports are discussed later in this chapter. The CGR Organic Law states that the institution is governed by the principle of transparency in exercising its functions and it complies with the provisions of the Law on Access to Public Information (Law 20 285). Formally, the CGR – as in the case of other constitutionally autonomous organs such as the central bank, the Public Prosecutor (Fiscalía), the Constitutional Tribunal and the Electoral Justice – only has the obligation to comply to the Law on Access to Public Information provisions for “active CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 300 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION transparency”, that is the information that public entities must make publicly available without requiring any information request from citizens. The CGR has, however, promulgated its own procedures through which citizens may request information, including through its institutional website. The exception to this is the information defined as classified or confidential under the Law on Access to Public Information. If citizens request information defined as classified or confidential, the CGR notifies those requesting the information of the reason why information is not being provided through an oficio. The CGR Organic Law can give rise to confusion about the institution’s mandate. For example, the CGR Organic Law states that the institution may audit services, fiscal and semi-fiscal institutions, autonomous organisations, public enterprises and, in general, all those public entities established by law, without this affecting the control exercised by independent regulatory agencies (superintendencia). Moreover, the law states that the CGR’s audit is independent of that exercised by the Superintendent of Banks (Superintendencia de Bancos) over the central bank and the Banco del Estado de Chile (Law 10 336, Art. 16). This suggests that the CGR may audit the central bank and the Banco del Estado de Chile. The current law also suggests that the CGR may audit the State Copper Company (Corporación Nacional del Cobre de Chile, CODELCO), which it may not under other statutes (Decree Law 1 349/1976, Art. 12). The CGR Organic Law could also be revised to promote transparency and remove redundant sections – and also reinforce the institution’s independence and agility to react to changes in the public sector. The current CGR Organic law defines the institution’s organisational structure, which is no longer followed. The CGR Organic Law states the institution is has a Legal Department (Departamento Jurídico), Accounting Department (Departamento de Contabilidad), Inspection Department (Departamento de Inspección), CGR Prosecutor (Fiscal), Toma de Razón Subdepartment (Subdepartamento de Toma de Razón), Registration of Public Employees Subdepartment (Subdepartamento de Registro de Empleados Públicos), Central Accounting Subdepartment (Subdepartamento de Contabilidad Central), Revenue Control Subdepartment (Subdepartamento de Control de Entradas), Expenditure Control Subdepartment (Subdepartamento de Control de Gastos), Public Credit and National Assets Subdepartment (Subdepartamento de Crédito Público y Bienes Nacionales) and General Secretariat (Secretaría General) (Law 10 336, Art. 2). The responsibilities of these units are subsequently detailed in law (Law 10 336, Arts. 33-43). The government of Chile is currently exploring formulating a new CGR Organic Law and this opportunity could be used to clarify the CGR’s mandate and organisational structure – though taking action to ensure the new law does not under undermine the real or perceived independence of the institution. On 21 May 2013 the President of Chile, Mr. Sebastian Piñera, indicated that he will send a bill to the National Congress to replace the current CGR Organic Law in order to support the institution’s modernisation. The announcement was made as part of the President’s annual speech to the National Congress that presents an account of the previous year and the government’s programme for the forthcoming year. The proposal for the CGR Organic Law was agreed with the Comptroller General and as part of the government’s initiatives to promote a more vibrant democracy, a stronger state and more independent regions. The bill was announced together with bills on transparency, lobbying and public sector integrity, and a revision of the Organic Law of Political Parties for making their structure and financing more transparent. There was no mention in the President’s speech regarding when the bill on the CGR Organic Law would be sent to the National Congress. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 301 Promote transparency of audit standards, processes and methods in order to facilitate understanding of and build confidence in audit working methods INTOSAI (2010) “Principles of Transparency and Accountability” states that SAIs should make information publically available regarding their mandate, mission, organisation, strategy and relationships with various stakeholders, including legislative bodies and executive authorities. This should include making public the conditions of appointment, reappointment, retirement and removal of the head of the SAI and members of collegial institutions (Principle 2). Moreover, the principles state that SAIs adopt audit standards, processes and methods that are objective and transparent. These standards should comply with INTOSAI Fundamental Auditing Principles. Moreover, SAIs should communicate what those standards and methodologies are and how they comply with them. In addition, when engaging in individual audit assignments, SAIs should communicate with the auditee, the objective, criteria on which they will base their conclusions and methodology to conduct their audit work (Principle 3). The CGR, through its institutional website makes information publically available in Spanish (the national language of Chile) regarding its mandate, mission, organisation and strategy. Figure 6.1 presents the current CGR website. A summary version of the Spanish website is available in English. However, the website does not provide information on the CGR’s relationship with executive authorities and legislative bodies. Moreover, there is much duplication of information in various sections of the CGR website. For example, the CGR mandate appears under the “CGR” (under “who are we”) and “Transparency” (under “functions and attributions”) tabs; the CGR’s organigram appears under the “CGR” and “Transparency” tabs; and the regulatory framework appears under the “Transparency” tab and “Information of Interest” section. The recent establishment of a new Digital Communications and Strategy Unit will help address these issues. The CGR could provide general information regarding its audit standards, processes and methods – as well as procedures to ensure the quality of its work – in order to build confidence in its audit engagements. Over the past several years, the CGR has updated its audit manuals as part of its modernisation reforms. Chapter 5 discusses the efforts to update the audit manuals in more detail. The CGR may wish not only to publish its manuals but to present them in more user-friendly language for the benefit of its stakeholders. For example, the Auditor-General of South Africa’s website has a clearly visible tab on “audit guidelines” which includes reporting and good practice guidance. The Auditor-General of South Africa publishes its “Audit communication and reporting”, which explains matters that do and do not affect the audit opinion on financial statements, as well as a clear chart about communication with those charged with governance and management throughout the audit cycle. It also includes a glossary of financial audit terms (Box 6.1). Over time, as the CGR seeks to converge with ISSAIs, the CGR could also explain how its standards, processes and methods contained in these manuals are coherent and/or diverge from ISSAIs, as well as future plans to converge with these ISSAIs. The CGR could also broaden the scope of information communicated with auditees as part of individual engagement in order to support constructive working relations. Specifically, the CGR could provide auditees information on the objective and criteria for audit work when initiating an audit engagement. This is common practice in benchmark SAIs (Table 6.1). The omission of the audit objective and criteria in the formal notice gives an impression that the CGR’s audit work is not focused on risks. INTOSAI (2013) notes that each audit should have suitable criteria to evaluate the subject matter. The CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 302 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION precise significance and mix of criteria will depend on the objectives of the audit; however, key characteristics of suitable criteria include relevance, completeness, reliability, neutrality, understandability and objectivity. Making the criteria available to the intended users would enable them to understand how the subject matter has been evaluated or measured (INTOSAI, 2013, § 30). Figure 6.1. Office of the Comptroller General of the Republic of Chile’s institutional website Comptroller General, including history, who are we, strategic definitions, organigram, Comptroller General, authorities, annual report Regional comptrollers (1 link for each regional comptroller), including regional comptroller’s profile, office’s mandate, regional office’s annual report, address and contact details Information: highlights, relevant legal opinions, latest reports, document library Attention and users, including offices and hours, guided tours, library, contacts, procurement, frequently asked questions Agendas: Comptroller General, Deputy Comptroller General, CGR authorities Search online: legal opinions, jurisprudence bulletin, legislation, audit reports, accounting norms, accounts trials General accounting: Norms, procedures, instructions; financial accounting reports; PMG accreditation; applications News banner News ticker Portals: SIAPER; UCIS; ASOC; NICSP; CEPAT; OLACEFS; INTOSAI Services: Comptroller and citizens; electronic tracking of processes; requests for information under Access to Information Law; recruitment; CGR well-being programme Intranet for CGR officials Participation: Comptroller and citizens; social media; guided visits; multimedia Transparency, including requests for information, organisational structure, functions and attributions, regulatory framework, human resources, contracts, acts and resolutions, expenditure, office hours, institutional relations Information of interest: Anti-corruption; Regulatory framework; municipal expenditure reports; CGR annual report; CGR book; electronic toma de razón; standardised administrative acts; Manual on Regional Planning Source: Adapted from www.contraloria.cl. Box 6.1. Approaches to raise awareness and understanding of audit reporting and audit cycle: The example of the Auditor-General of South Africa The Auditor-General of South Africa has developed and publishes information on “audit communication and reporting” to support auditees and other stakeholders in undersanding its financial audit opinions and audit process. The Auditor-General of South Africa website has a clearly visible tab on “audit guidelines” which includes reporting and good practice guidance. This information explains what matters do and do not affect the audit opinion on financial statements, information about the audit process, including the communication with those charged with governance and management. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 303 Box 6.1. Approaches to raise awareness and understanding of audit reporting and audit cycle: The example of the Auditor-General of South Africa (cont.) Modification of the audit opinion Communication in the audit process Source: AGSA (2011), “Audit www.agsa.co.za/Auditguidelines.aspx. Communication and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 Reporting”, AGSA, 304 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION Develop products that combine the findings of different audit assignments and communicate a broader understanding of government issues INTOSAI (2010) “Principles of Transparency and Accountability” state that SAIs make public their conclusions and recommendations resulting from the audits unless they are considered confidential by special laws and regulations. In addition, SAIs should also report publicly on overall audit outcomes, e.g. the government’s overall budget implementation, financial condition and operations and overall financial management progress and, if included in their legal framework, on professional capacity (Principle 7). Table 6.1. Communication with auditees at the beginning of an audit engagement by the supreme audit institution in Chile and selected counties Audit subject and scope Responsibilities of SAI and auditee for audit work Lead SAI contact for the audit work Audit plan and timetable for audit work Information and access needed for audit work When SAI will share preliminary audit report ● ● ● ● ● ● Brazil .. ● ● ● ● ● Chile o o ● o ● o Costa Rica ● ● ● ● ● ● Denmark .. ● ● ● ● ● European Court of Auditors ● ● ● ● ● ● Israel ● o ● o ● o Italy .. ● ● ● ● ● Korea ● ● ● ● ● ● Mexico .. .. .. .. .. .. Country Australia Peru .. .. .. .. .. .. Portugal ● ● ● ● ● ● South Africa .. ● ● ● ● ● Spain ● ● ● ● ● ● Total yes 7 10 12 10 12 10 Notes: ● = Yes; o = No. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 39-40. The CGR’s website is a key instrument to reach its audiences, to communicate its main findings and to disseminate its products. Since 2007, the CGR has made the agenda of its authorities publically available on the institution’s website. The CGR’s authorities include the Comptroller General, Deputy Comptroller General, division heads and regional comptrollers. The agendas include information such as meetings, hearings, visits and formal events, among others. Since 2010, the CGR has made its databases on legal opinions (dictamine) and audit reports publically available. Legal opinions are specialised judgements on legal matters issued by the CGR which are mandatory for ministries and services under the CGR’s oversight. Audit reports are the means to communicate the findings of audit engagements to the corresponding auditees. Previously, it was necessary to pay to access the CGR’s databases and reports or to submit a request in person to the CGR to access copies of legal opinions and audit reports. These changes have resulted in a substantial increase in web traffic to the CGR’s website, from approximately 5 000 CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 305 unique visitors each month in the beginning of 2007 to approximately 25 000 unique visitors each month in the beginning of 2013 (Figure 6.2). Figure 6.2. Office of the Comptroller General of the Republic of Chile’s website traffic 35 000 30 000 25 000 20 000 15 000 10 000 5 000 0 ene-07 may sep ene-08 may sep ene-09 may sep ene-10 May Sep ene-11 May Sep ene-12 may Sept ene-13 Source: Office of the Comptroller General of the Republic. A 2012 Transparencia Chile study found that the CGR’s website is considered one of the most transparent within the national (central) government (Figure 6.3). The evaluation was based on an assessment of information provided by public entities on their respective institutional websites compared to what is required by the Law on Access to Information. Through the CGR website’s transparency page (Contraloría transparente) information is also made available on the institution’s organisational structure; functions and attributions of the divisions of the institution; legal framework established for the functioning of the CGR; staff under planta, contrata and honorarios, and their salaries; procurement, including contracts and acquisitions of goods and services made through hwww.mercadopublico.cl; resolutions, with links to the Jurisprudence Database (Base de Jurisprudencia) and the audit reports browser (Buscador de Informes de Auditoría); the budget and its monthly execution; procedures that can be done at the CGR and its requisites; as well as institutional relations with other entities. Subsequently, at the end of 2012, the CGR began publishing its internal audit reports and their results which are available through an audit report search engine on the CGR’s website. The publication of internal audit reports within the public administration is not very common. For example, the IIA (2012) conducted survey of 160 public entities in 14 countries, including Australia, Mexico and South Africa, to understand whether they made their internal audit reports publically available. The IIA survey found that only 14% made internal audit reports publically available on the Internet. The CGR Organic Law obligates the Comptroller General to prepare an annual report (Cuentas Publica) on the management of the institution during the previous year and to share the report with the President of the Republic and the National Congress, no later than May each year. The report is to contain: i) a summary of the main activities in the performance of its functions; ii) a statement of the insistence decrees issued by the President of the Republic, stating the grounds of representation and the insistence; iii) a summary of the main doubts and difficulties that have arisen with regard to the interpretation and application of legal rules and may suggest modifications for the best and most expeditious functioning of government; iv) a statement of the internal financial CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 306 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION situation of the CGR; and v) other matters which the Comptroller General deems appropriate to make reference. In addition, each regional comptroller must issue an annual report for his/her respective offices to be shared with the regional government (executive) (Law 10 336, Art. 143). Figure 6.3. Index on access to information through public entity websites in Chile 60 80 100 High level of proactive access to information 40 Medium level of proactive access to information 20 Low level of proactive access to information 0 Civil registry Internal Revenue Service Ministry of Public Works National Bureau of Schools and Scholarships Undersecretariat of the Interior National Instituto of Statistics Corporation for Production Development Service of Agriculture and Cattle Raising Chilean Commission for Nuclar Energy Fund for Solidarity and Social Investment Sports of Chile Office of the General Comptroller of the Republic, CGR Institute of Social Security Constitutional Tribunal Consumers' National Service National Service for Training and Employment Institute of Agricultural Development National Comission for Scientific and Technological Investigation National Forestry Corporation of Chile Bank of the State of Chile National Service for Youger People Undersecretariat of Regional and Admnistrative Development Ministry of Justice Senate Superintendence of Securities National Bureau of Kindergardens institutions Undersecretariat of Social Security National Corporation for Indigenous Development Ministry of Planning Libraries, Archives and Museums Office Superintendence of Casinos and Gaming Houses National Institute for the Youth Supreme Court National Service for Elder People Emergencies National Office Transparency Council Ministry of Mining Women's National Sevice National Oil Company Employment Office Postal Service State Defense Council Superintendence of Health General Secretariat of the Presidency Minsitry of Housing and Urban Planning Ministry of Education Ministry of Finance Superintendence of Banks and Financial Institutions Central Bank Public Procurement Office National Council for the Culture and Arts Railroad State Company Note: Bank of the State of Chile refers to Chile’s sole State owned bank. Source: Cid, V., G. Marileo and Emilio Moya (2012), “Calidad del Acceso a la Información Pública en Chile”, Transparencia Chile. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 307 The CGR could give consideration to the development of specific products that combine the findings of different audit assignments and provide insight for those charged with governance within the executive and legislature – as well as citizens and business. SAIs in a number of benchmark countries seek to achieve this, including South Africa (Box 6.2). However, care must be taken to enable real analysis of these trends and not simply the presentation of highlights selected without any clear framework. Moreover, it is critical that information be presented in a simple and user-friendly manner, giving consideration to how Web 2.0 technologies can enable information to become more accessible to all. This can be achieved through enabling components of reports to be downloaded individually, or stakeholders using data to generate their own reports. The CGR could produce reports on governance challenges and risks focused on specific public entities, specific government functions/sectors (e.g. health, education, etc.) or transversal management issues (e.g. human resources, procurement). Box 6.2. General Report on the National Audit Outcomes of the Auditor-General of South Africa The General Report on the National Audit Outcomes of the Auditor-General of South Africa (AGSA) summarises the results of the audit outcomes of 671 auditees (162 departments – including parliament and the provincial legislatures – and 509 public entities). Public entities include the major public entities, government business enterprises, national and provincial public entities, constitutional institutions and trading entities that are audited in terms of the Public Finance Management Act (PFMA), as well as other entities audited in terms of any legislation other than the PFMA. The audit outcomes of the 135 public entities not audited by the AGSA are not analysed in this general report. The General Report on the National Audit Outcomes is presented to parliament eight months after the end of the fiscal year, to facilitate dialogue on the understanding of the key underlying issues driving these audit outcomes and possible solutions in this regard. The report is structured into four parts: i) consolidated analysis of the audit outcomes of national and provincial governments; ii) audit outcomes of ministerial portfolios; iii) sector audit outcomes (e.g. education, health, human settlements, public works, social development); and iv) highlights of provincial audit outcomes. The report is 500 pages in length, though its structure enables the document to be disassembled into smaller sections in print and electronic formats. Key to the report’s usability is a traffic light coding used throughout the document to compare between entities in a single year and to compare changes within public entities over time (i.e. green = good outcomes/trends; orange = stagnant or little progress; and red = poor outcomes/trends). The audit outcomes of national and provincial governments include trend analysis of issues over the previous several years, key findings arising from the audit of the financial statements, reporting by auditees against their predetermined objectives and key compliance by auditees with key laws and regulations. Root causes of audit findings and recommended best practices are also presented, which is intended to be read together with an analysis of the auditees’ internal control system. Root causes are the underlying causes or drivers of audit findings, i.e. why the problem occurred. They are structured around planning, oversight and monitoring; systems and processes; proper record keeping; and human resource management. Addressing the root cause helps to ensure that the actions address the real issue or opportunity, thus preventing or reducing incidents of recurrence as opposed to simply providing a one-time or short-term fix. Compliance by auditees with key laws and regulations include supply chain management and unauthorised, irregular as well as fruitless and wasteful expenditure incurred. The status of the auditees’ internal control system identifies the drivers of audit outcomes, namely leadership, financial and performance management and governance. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 308 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION Box 6.2. General Report on the National Audit Outcomes of the Auditor-General of South Africa (cont.) Category Leadership Financial and performance management Governance Dimensions – Provide effective leadership based on a culture of honesty, ethical business practices and good governance, protecting and enhancing the interests of the entity. – Exercise oversight responsibility regarding financial and performance reporting and compliance with laws and regulations and related internal controls. – Implement effective human resource management to ensure that adequate and sufficiently skilled resources are in place and that performance is monitored. – Establish and communicate policies and procedures to enable and support an understanding and execution of internal control objectives, processes and responsibilities. – Develop and monitor the implementation of action plans to address internal control deficiencies. – Develop and monitor the implementation of action plans to address internal control deficiencies in the IT environment. Establish an IT governance framework that supports and enables the business, delivers value and improves performance. – Implement proper record keeping in a timely manner to ensure that complete, relevant and accurate information is accessible and available to support financial and performance reporting. – Implement controls over daily and monthly processing and reconciling of transactions. – Prepare regular, accurate and complete financial and performance reports that are supported and evidenced by reliable information. – Review and monitor compliance with applicable laws and regulations. – Design and implement formal controls over IT systems to ensure the reliability of the systems and the availability, accuracy and protection of information and to address application systems susceptible to compromised data integrity (Information systems). – Implement appropriate risk management activities to ensure that regular risk assessments, including consideration of IT risks and fraud prevention, are conducted and that a risk strategy to address the risks is developed and monitored. – Ensure that an adequately resourced and functioning internal audit unit is in place that identifies internal control deficiencies and recommends corrective action effectively. – Ensure that the audit committee promotes accountability and service delivery through evaluating and monitoring responses to risks and providing oversight of the effectiveness of the internal control environment, including financial and performance reporting and compliance with laws and regulation. – It also examines the drivers of: effective human resource management as a driver of audit outcomes; the use of consultants by some national departments; information technology management as driver of audit outcomes; and the effectiveness of audit committees and internal audit units. The analysis also includes attention to the role and impact of key “role players” in terms of the assurances required from them in relation to their responsibilities. Role players include assurance providers in national and provincial governments (i.e. senior management, accounting officers, the audit committee and internal audit); legislative bodies (i.e. the national and provincial standing committees on public accounts, national and provincial portfolio committees), executive authorities (i.e. the President and the national ministers at the national level and the Premier and members of the Executive Council and the provincial level – as well as the role of co-ordinating institutions). Source: AGSA (Auditor-General of South Africa) (2013), PFMA 2011-12, Consolidated General Report on National and Provincial Audit Outcomes, AGSA, www.agsa.co.za. Establish a communication strategy to support active use of audit work, defining audiences, identifying how they access information on audit activities and findings INTOSAI (2010) “Principles of Transparency and Accountability” state that SAIs communicate openly with the media or other interested parties on their operations and audit results and are visible in the public arena. Moreover, SAIs should issue their audit reports in a timely manner to maximise their relevance and impact. In order to elevate the CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 309 usability of audit reports, the principles encourage SAIs to produce abstracts of audit reports and court judgements, and the use of other means – such as graphics, video presentations, press releases – in order to enhance the availability and accessibility of their content (Principle 8). The CGR formulated its first plan to strengthen the institution’s communication systems in 2011 (CGR, 2011b). The objective of the plan includes: i) aligning communication activities with the institution’s mission, vision and values; ii) reinforcing the CGR “brand” as a pillar of legality and integrity, excellence and value; iii) increasing the quality of the CGR’s communication with its main audiences; iv) strengthening links with stakeholders through a variety of communication products; v) increasing the knowledge of target stakeholders about the CGR; vi) creating an image of the CGR as an institution that is undergoing a process of modernisation. The plan establishes a number of targets to be achieved over a period of three to four years. The targets contained in the plan relate to the consolidation of responsibilities for internal and external communications, the establishment of processes for internal co-ordination, the alignment of the communication and strategic objectives, and the development of new products and materials (Table 6.2). Although the plan to strengthen the CGR’s communication systems was developed prior to the promulgation of the institution’s strategic plan, efforts are underway to align the two. Chapter 4 discusses the formulation and implementation of the communication plan in more detail. However, the communication plan is not a communication strategy that seeks clarify what the CGR wishes its target audiences to “do” as a consequence of receiving the information on the CGR’s audit work. A communication strategy could help the CGR to: i) define primary, secondary and other target audiences as well as discern their current level of awareness, understanding and use of the CGR’s audit work; ii) articulate clear and measurable communication objectives for each target audience; iii) ensure the selection of an appropriate communications mix for each target audience; iv) allocate internal roles and resources for communicating audit work; and v) provide a basis for evaluating, and learning lessons from, communication activities. The more thoroughly target audiences are defined and understood, the greater the likelihood of a strategy succeeding. Broad groupings such as “the legislature”, “the executive” and “citizens” are less likely to result in a strategy that works. Target audiences may be subsequently grouped into the categories such as primary, secondary and other. Attention may also be given to specific audiences, such as those who lack access to information through, for example, low income, poor education, low literacy levels, disability or geographical isolation. As part of the CGR’s communication plan, consideration could be given to using executive summaries to present audit findings, as well as establishment commitments to use plain language and exhibits in its audit reports. The CGR reports that its institutional website audit search engine provides a summary of the objectives of the audit, the audit scope and sample, the audit conclusion and legal opinions (dictámen).3 While this supports users of the CGR’s website, it does not automatically benefit other stakeholders who receive the audit report on paper. Moreover, there is no emphasis on clear and simple language and the use of figures in audit reports. This is despite much emphasis by the CGR in recent years to increase the use of its work by citizens. Rather, the CGR’s 2009 and 2013 guidance on audit reporting focuses more on issues of syntax and text formatting. Reference to the use of exhibits in the 2013 guidance is limited to not excessively using exhibits. However, it does not explain or provide examples for CGR audit staff on how to use exhibits effectively. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 310 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION Table 6.2. Office of the Comptroller General of the Republic of Chile’s communication plan targets Goal Target Immediate targets To adapt the structure and management of the Communications and Public Relations Department to support 6 months the objectives and targets of the Communications Plan To transform the Communications and Public Relations Department into an area of value to the institution (measurable by its positioning and increasing quality of its work) To establish and implement job descriptions for officials employed in the Communications and Public Relations Department 1 year To establish a system of internal co-ordination among the CGR’s divisions and regional offices that optimises communication management 6-12 months To reinforce the core corporate message To create a strategy to link the Comptroller General with the media, in order to disseminate the institution’s strategic objectives To create materials that bring the CGR and the citizen closer 6-12 months 1 year To create materials that support the CGR “brand” To encourage new communication products of value To raise the standard of the existing communication products 6 months 6-12 months 6 months To establish a system to monitor issues communicated through social networks Important targets To align the CGR around the institution’s core message To establish a system to co-ordinate and create messages of value from the regional offices 1 year 6-12 months 6-12 months 1 year 1-2 years To transform the CGR’s website into an effective channel of communication with citizens, with clearly differentiated formats, approaches and content for different audiences 1 year To develop a Media Training Plan for certain second-line CGR officials on matters defined by the Comptroller General 1-2 years To create activities of particular interest for CGR units, such as the International Relations and Co-operation Unit, to disseminate good practices with other supreme audit institutions To create a specialised unit responsible for institutional events, with unified standards of protocol and supporting material 1-2 years To create a calendar of institutional events and its corresponding resource needs, well in advance To create a culture of planning, follow up and evaluation in the Communications and Public Relations Department 1 year 1 year Transcendental targets To establish different format communication products (e.g. digital area, annual reports, newsletters, social media) for different audiences To formulate and implement manuals for graphics, protocol, web publication and crisis management To reformulate the Communications Plan according to urgent and important targets already reached To have a digital channel with regular programming (e.g. specialised seminars, interviews with senior officials), open to external audiences 1 year 2-3 years 2 years After 2 years 2-4 years Source: CGR (2011), “Strategic communications plan: Proposal to strengthen corporate positioning in both external and internal public”, CGR Communications and Public Relations Department, December, unpublished chapter. The use of executive summaries, plain language and exhibits are common among the benchmark SAIs in this peer review (Table 6.3). Executive summaries help to draw attention to the most important information about an audit in a way that is accurate, clear and coherent. An executive summary should be able to stand alone as stakeholders may not read the entire audit report. Stakeholders should be able to grasp easily what was examined, why it is important, and what was found – even if they read only the main points. Plain language means avoiding jargon or obscure words, whenever possible, and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 311 explaining any technical or legal terms that need to be used in order to make audit reports more readable, especially those reports that address complex subjects. Exhibits, including illustrations, tables, charts or text boxes, can help to attract a stakeholder’s attention and reinforce key points. Table 6.3. Practices to support clarity of audit reporting used by supreme audit institutions in Chile and selected countries Commitment to use plain language in audit reports Commitment to use exhibits to present complex information clearly and concisely in audit reports Style guide for audit reports ● ● ● ● ● ● ● ● o o Chile o o o ● o Costa Rica ● ● ● o o Denmark ● ● ● ● o European Court of Auditors ● ● ● ● o Israel ● ● ● ● o Italy ● ● ● ● o Korea o ● ● ● o Mexico .. .. .. .. .. Peru .. .. .. .. .. Portugal ● ● ● ● o South Africa ● ● ● ● o Spain ● ● ● ● o Total yes 10 11 11 11 0 Use of executive summaries to present main audit findings Australia Brazil Country Involvement of SAI audiences in formulating/ updating external audit reporting guidance Notes: ● = Yes; o = No; .. = Missing data. Source: Adapted from unpublished OECD Survey of Benchmark Supreme Audit Institutions 2013, responses to Q. 42-45. Take specific measures to overcome barriers and constraints attributed to the country’s digital divide, especially the divide across different socio-economic groups The CGR’s website is a key instrument to reach its audiences, to communicate its main findings and to disseminate its products. Moreover, the CGR is one of a number of SAIs in OECD and partner countries that use social media – including Twitter, Facebook and YouTube – to interact with its stakeholders. Only the SAIs of Australia, Brazil, Chile, Mexico, Peru and the European Court of Auditors use Twitter as a proxy for the use of social media by government4. In comparison, central government institutions in many OECD and key partner countries use Twitter to engage with the public (Table 6.4). The take up of the CGR in social media is relatively high compared to other countries, as aggregate numbers (Figure 6.4). Benchmark SAIs that are not in the practice of using Twitter suggest that it is not a part of their communication strategy, as in the case of Denmark. Others chose to focus selectively on other types of social media including Facebook or YouTube, as is the case in Portugal and Costa Rica respectively, or on both like in Israel. While the European Court of Auditors had to overcome internal resistance CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 312 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION to establish its recent Twitter account, particularly around generational differences, work load and potential reputational risks associated with few followers, the experience thus far has been seen as positive. Table 6.4. Twitter accounts of government and supreme audit institutions in Chile and selected countries Country Supreme audit institution Centre of government Australia ANAO_Australia .. Brazil TCUoficial imprensaPR; blogplanalto Chile Contraloriacl gobiernodechile Costa Rica None .. Denmark None .. European Union EUAuditorsECA EU_Commission (European Commission) Israel None Israelgov (government); Israelipm (head of government) Italy None .. Korea None BluehouseKorea (head of state); PrimeMinisterKR (head of government) Mexico ASF_Mexico PresidenciaMX (head of state); GobFed (government) Peru ContraloriaPeru Prensapcm (cabinet) Portugal None Govpt (government); Presidencia (head of state) South Africa None PresidencyZA Spain None desdelamoncloa Notes: .. = Missing data. Australia: The Australian government does not have its own Twitter account, but has an extensive number of accounts specific to programmes and entities, such as AusFamilies and eHealthAus. Source: Adapted from OECD (2012), “OECD e-Government Project: Social media use by governments: Focus on Twitter”, GOV/PGC/EGOV(2012)6, OECD, Paris. Figure 6.4. Twitter activity of supreme audit institutions in Chile and selected countries Tweets 18 000 16 000 14 000 12 000 10 000 8 000 6 000 4 000 2 000 0 15 807 906 Peru Followers 14 494 1 475 Brazil 2 503 1 825 1 732 1 694 Chile Mexico 579 1 260 145 483 European Court of Auditors Australia Notes: Data accessed 17 July 2013. Source: Based on a review of the SAIs’ Twitter pages. The CGR’s use of social media should be seen in light of the emphasis on social media more generally in Chile. For example, there are almost 400 000 “followers” of the government of Chile (Gobiernodechile), which represents over 2% of the population, making it the second most popular central government institution across the OECD CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 313 (OECD, 2012a). The popularity of social media in Chile is influenced by a high share of Twitter users among the domestic population and the Chilean government’s clear and proactive strategy towards social media. This strategy consists of several components that provide information and dedicated assistance to public entities to use social media in engaging their stakeholders, including: i) a government circular explicitly encouraging the use of social media by public entities in 2010; ii) embedding the use of social media in the government’s e-government strategy for 2011-14; and iii) specific assistance on how to use social media in the government’s digital guide (guía digital) (OECD, 2012a). However, Chile is affected by a substantial digital divide. Internet access and broadband connection in Chile is approximately 25% of households, lower than the OECD average of 67% (Figure 6.5). Broadband is available in at least 60% of households in four-fifths of OECD countries (OECD, 2012a). Since 2005, the number of mobile phone subscriptions worldwide (voice and/or data) has doubled, with particularly strong growth in non-OECD countries where the number has tripled. The shift to accessing the Internet via a mobile device is a key trend since 2010, and the evolution of Smartphones has changed the surfing behaviour of individuals. Across the OECD, 39% of citizens used the Internet to obtain information from the public authorities’ websites in 2011 (Figure 6.6). However, these statistics are often skewed by specific areas of the administration, such as the tax administration, and are not always representative of the public administration as a whole. The gap between Internet penetration rates among high-income and low-income households is narrowing in some OECD countries, but remains wide (Figure 6.7). Figure 6.5. Internet access and broadband connections in OECD households in Chile and selected countries Internet Broadband % of all households 100 80 60 40 20 0 Korea Denmark Australia (a) OECD34 Israel (a) Spain Italy Portugal Chile (b) Mexico (a) Notes: Internet access at home is via any device (desktop computer, PC, TV, mobile phone, etc.). Broadband connection stands for the use of technologies such as DSL, fixed wire (cable, fibre, Ethernet, etc.); fixed wireless refers to satellite, public Wi-Fi, WiMax; and mobile connection to 3G/UMTS, etc. Household refers to domiciles with at least one person aged 16-74. Australia: Only includes private dwelling households. Households in remote and sparsely settled parts of Australia are excluded from the survey. Israel: The Household Expenditure Survey does not distinguish between broadband and other bandwidth Internet channels. Korea: Internet access through mobile phone, TV and game consoles are also included. Mexico: Households with Internet access via cable, ADSL or fixed wireless. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Source: Adapted from OECD (2012), OECD Internet Economy Outlook 2012, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086463-en. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 314 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION Measuring performance INTOSAI (2010a) “Principles of Transparency and Accountability” state that SAIs should: manage their operations economically, efficiently, effectively and in accordance with laws and regulations and report publicly on these matters (Principle 6); and make use of external and independent advice to enhance the quality and credibility of their work (Principle 9). In managing their operations economically, efficiently, effectively and in accordance with laws and regulations, SAIs should report publicly on these matters; assess and report on their operations and performance in all areas, such as financial audit, compliance audit, jurisdictional activities, performance audit, programme evaluation and conclusions regarding government activities; measure and report on the efficiency and effectiveness with which they use their funds; use performance indicators to assess the value of audit work for the legislature, citizens and other stakeholders; and follow up their public visibility, outcomes and impact through external feedback (Principle 6). Figure 6.6. Individuals using the Internet to obtain information from the public authorities’ websites in Chile and selected countries 2011 or latest available year % of all individuals 100 80 60 40 20 0 Denmark OECD34 Spain Chile (b) Portugal Korea (a) Italy Mexico (a) Note: Data in this figure refer to Internet use in the last 12 months for all countries. Individuals aged 16-74 years. Source: Adapted from OECD (2012), OECD Internet Economy Outlook 2012, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086463-en. Figure 6.7. Household Internet access by income in Chile and selected countries 2011 or latest available year High income (top quartile) 100 Low income (bottom quartile) 80 60 40 20 0 Korea (a) Denmark Australia (c) Spain Portugal Israel (b) Italy Chile (b) Notes: Korea: The survey is not organised by quartile. Top income quartile corresponds to income of more than KRW 300 million, and bottom income quartile corresponds to income of less than KRW 100 million. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Source: Adapted from OECD (2012), OECD Internet Economy Outlook 2012, OECD Publishing, Paris, http://dx.doi.org/10.1787/9789264086463-en. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 315 The CGR is seeking to enhance its performance framework, going beyond inputs, outputs and timeliness, to incorporate quality and impact. Internal performance management tools seek to create internal goals that can be monitored by management, and for which the achievement of goals results in financial rewards for the CGR’s officials. More recently, the CGR has begun to solicit input from internal and external stakeholders through an institutional climate survey and surveys of external stakeholders, respectively. In addition, the CGR is commissioning work to assess the economic value created by the institution’s activities. The CGR also participates in a number of INTOSAI activities related to performance management. This includes the development of a performance management framework for SAIs together with the SAIs of Brazil, Denmark and Mexico, and the European Court of Auditors, among others.5 The CGR also participates in the OLACEFS SAI Performance Evaluation Committee (Comisión de Evaluación del Desempeño de las EFS) together with the SAIs of Brazil, Mexico and Peru, among others.6 This peer review is also an initiative to make use of external and independent advice to enhance the relevance and impact of the institution’s work. The CGR has also participated in peer reviews of the SAI of Bolivia, Costa Rica and Ecuador. In order to enhance performance management, the CGR could consider: developing a logical framework to support the definition and measurement of the CGR’s performance and feed internal decision-making processes and other internal reforms linking management practices to the institution’s strategic plan and budget formulation broadening input from the CGR’s stakeholders as part of the institution’s performance management framework taking appropriate action so that efforts to measuring the economic value of audit and non-audit assignments are not the primary driver of institutional reforms reporting publically on measures of cost-effectiveness, quality and timeliness of outputs and impact. Develop a logical framework to support the definition and measurement of institutional performance and feed internal decision-making processes and other internal reforms A logical framework is a matrix that guides performance management (Table 6.5). There are variations in terminology (for example, some use objectives instead of outcomes, or aim instead of goal) and structure (for example, some organisations add new rows to consider more levels of objectives). The content of the framework is frequently determined as part of broader strategic or budget planning, drawing upon problem analysis, the development of objectives and indicators, and identification risks and assumption, which feed into the overall logical framework. As part of the formulation of the framework, specific attention is given to the framework’s: i) vertical logic as a hierarchy of objectives – activities deliver outputs, which contribute to outcomes, which help bring about the overall goal; and ii) horizontal logic showing how progress against each objective can be assessed (indicators and means of verification) and the external factors (assumptions and risks) which might affect whether the reaching of the objectives will contribute to the next level. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 316 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION In Chile, the logical framework is a core element of each public entity’s performance management system. The Ministry of Finance’s Budget Directorate requires public entities to use a logical framework for the development of a strategy statement (definiciones estratégicas), which is presented in a budget information chapter (Antecedentes Complementarios Control de Gestión Pública). The Budget Directorate’s policies require that this statement: i) specify each institution’s mission, strategic objectives, “strategic products” and clients/users/beneficiaries; ii) link institutional strategic objectives to “government priorities” and “government programmes”; and iii) be based on the “logical framework” concepts of outcomes, outputs, processes and inputs. The Budget Directorate’s guidelines state that “strategic products” must be the goods or services (i.e. outputs) which serve the institution’s strategic objectives. Expressed differently, the strategic products are supposed to be groups of outputs with a common outcome (Hawkesworth et al., 2013). Table 6.5. Generic logical framework format Narrative summary Goal: the overall aim to which the institution is expected to contribute Objectively verifiable indicators Measures (direct or indirect) to show the institution’s contribution to the goal Means of verification Assumptions Sources of information and methods used to show fulfilment of the goal Important events, conditions or decisions beyond the institution’s control necessary for maintaining the progress towards the goal Outcomes (or objectives): the Measures (direct or indirect) Sources of information and Important events, conditions new situation which the to show what progress is methods used to show or decisions beyond the institution is aiming to bring being made towards reaching progress against objectives institution’s control, which are about the objectives necessary if achieving the objectives is going to contribute towards the overall goal Outputs: the results which Measures (direct or indirect) Sources of information and Important events, conditions should be within the control of to show if institution’s outputs methods used to show or decisions beyond the the institution’s management are being delivered delivery of outputs institution’s control, which are necessary if producing the outputs is going to help achieve the objectives Activities: the things which Measures (direct or indirect) Sources of information and Important events, conditions have to be done by the to show if institution’s outputs methods used to show that or decisions beyond the institution to produce the are being delivered activities have been institution’s control, which are outputs completed necessary if completing activities will produce the required outputs Resources – type and level of resources needed by the institution Inputs Finance – overall budget At present, the CGR does not use a logical framework in the formulation to guide its performance management, despite adopting a number of other performance budgeting tools used by the public administration. The CGR’s use of performance goals follows the same practices within the public administration. In 1998, the government of Chile adopted the Management Improvement Programme (Programa de Mejoramiento de la Gestión) aimed at improving the management of public entities by linking salary bonuses (on a collective basis) to performance. The programme aims at a gradual fulfilment of the requirements ISO 9 001:2000, a quality management system designed to help organisations ensure they meet the needs of customers and other stakeholders. The final aim is to have a Unique Institutional Quality Management System (Sistema de Gestión de Calidad Unico Institucional). Consequently, the Management Improvement Programme currently mostly focuses on internal process rather than externally delivered outputs and CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 317 outcomes. If management objectives are achieved, all employees working in the relevant public agency (services) receive a bonus (Law 19 553/1998). The Management Improvement Programme uses a set of performance indicators to assess to what degree institutions perform compared to the set goals. The Management Improvement Programme has been a driving force for the modernisation of Chilean public entities. Although based on the same system, the CGR’s performance goals are established and operated independently of the public administration. Within the administration, the Management Improvement Programme is the responsibility of a committee of three ministries: Interior (through the Undersecretary for Regional Development); Finance (through the Budget Directorate); and the Secretary General of the Presidency. The committee approves the annual framework programmes, the goals and the evaluation reports prepared by each agency. The Management Control Division of the Budget Directorate acts as the technical secretariat. Rather, the CGR’s performance management is based more on the formulation of performance goals and performance agreements between the Comptroller General and the institution’s division heads and regional comptrollers. In 2012, the CGR’s performance goals included a total of 115 targets: 45 shared across 12 divisions and 70 across 14 regional offices. Achievement of divisions’/offices’ goals is rewarded by a performance bonus of approximately 10% of a CGR official’s annual salary, paid in three installments throughout the year. More recently, in 2011, the CGR introduced performance agreements between the Comptroller General and the institution’s division heads and regional comptrollers to instill greater institutional change. In 2012, the CGR’s performance agreements contained a total of 140 commitments: 56 shared across 12 divisions and 84 across 14 regional offices. These agreements focus more on outputs and the timeliness of the CGR’s assignments rather than the quality of the institution’s outputs. The preparation and evaluation of the performance goals and agreements are conducted in parallel and are intended to reinforce one another. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 318 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION Table 6.6. Office of the Comptroller General of the Republic’s institutional goals and performance agreements Institutional goals Performance agreements Definition Official instrument that defines management performance objectives for all CGR staff Performance agreement between the Comptroller General and high-ranking officials of the CGR responsible of teams and/or units Main goal Key characteristics To improve internal – Defined by law management according to – Annual scope efficiency and efficacy criteria – Associated with pre-existing functional teams (regional offices, divisions, etc.) – Linked to the CGR’s institutional objectives – Shared amongst all CGR staff at the beginning of each year – Continuous monitoring process – Achievement is associated with a team-based economic incentive To complement institutional – Goals are aligned with the functions and goals, defining individualised responsibilities of each division/unit chief objectives with high-ranking – Each division/unit chief signs an officials of the CGR individual agreement with the Comptroller responsible of teams and/or General units – It is of complementary nature to the institutional goals – It is annual, and shared with all CGR staff at the beginning of the year – Continuous monitoring process – Its achievement is not associated with an economic incentive Source: CGR (2013), “Plan Estratégico 2013-2015 Contraloría General de la República, marco estratégico [Office of the Comptroller General of the Republic 2013-15 Strategic Plan, strategic bases]”, CGR, Santiago, May. Link performance management to the institution’s strategic plan and budget to ensure adequate resources and avoid performance management becoming a bureaucratic process The CGR launched its first strategic plan in May 2013, with the plan covering the period 2013-15 – and covering the last two years of the current Comptroller General’s tenure. The strategic plan was communicated through the CGR’s 2012 Annual Report and institutional website (Table 6.7). However, as of August 2013, the CGR was still formulating operational plans and projects to support the implementation of the strategic plan. CGR divisions have proposed a number of projects in line with the CGR’s strategic goals that are currently being reviewed internally by the institution’s senior management. Once approved, the strategic plan will be included in the annual operating plans, together with the indicators for assessing the achievement of the strategic objectives. It is critical that the CGR align and integrate the operational plans and projects with the institution’s performance management systems and its budgeting processes. Chapter 2 discusses the formulation of the CGR strategic plan in more detail. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 319 Table 6.7. Office of the Comptroller General of the Republic’s strategic objectives and strategies As contained in the CGR 2013-15 strategic plan Strategic objectives 1. Deliver timely, high-quality and value-added products and services Strategies 1.1 Sustain the quality improvements of institutional products and services targeting different audiences 1.2 Evaluate the impact of key CGR products and services on citizenship and public institutions 1.3 Increase the online coverage of CGR products and services 1.4 Enhance the quality of products and services supporting the operational functions of the institution 2. Strengthen relations with external stakeholders in order to increase the impact of the institution’s work 2.1 Develop stronger links and measures of mutual collaboration with key CGR stakeholders 2.2 Promote improvements in transparency and integrity in the administration’s use of public resources 2.3 Increase sharing of good practices with international/national organisations to enhance institutional management 2.4 Understand and enhance citizens’ perception of the management of the institution and its role in the public sector 3. Standardise and improve 3.1 Strengthen co-ordination among different CGR divisions/offices in order to adopt uniform guidelines and criteria institutional processes with a focus on managing for 3.2 Standardise processes and procedures nationwide for core and support functions results 3.3 Develop and integrate information systems supporting the institution’s functions 3.4 Increase added-value of CGR management control in order to support internal decision making 3.5 Strengthen capacity and dissemination of internal control to improve internal management 4. Develop competent and motivated staff with appropriate skills for the institution 4.1 Develop an institutional competency framework to increase staff performance and satisfaction 4.2 Support the development of staff competencies and knowledge through effective training programmes 4.3 Enhance individual performance assessments giving attention to different institutional levels and responsibility 4.4 Enhance the organisational climate to encourage continuous management improvement 4.5 Enhance leadership skills within the institution and evaluate the role of headships Source: CGR (2013), “Plan Estratégico 2013-2015 Contraloría General De La República, marco estratégico [Office of the Comptroller General of the Republic 2013-15 Strategic Plan, strategic bases]”, CGR, Santiago, May. The integration of the performance management with strategic planning and the budget process is considered a common challenge in Chile’s public administration. It appears that in at least some cases the strategic plans which institutions have developed and use in their internal management have little to do with the performance management frameworks. When this is the case, the danger is that the strategy statement becomes little more than a chapterwork exercise. Similarly, the relationship between outputs and the budget are not reflected in the budget (i.e. they are not used to classify and approve expenditure in the budget) (Hawkesworth. et al., 2013). In the case of the CGR, however, the preparation of performance goals and agreements is not directly linked to the institution’s annual budget preparation whatsoever. The formulation of the CGR’s annual budget begins in April of each year and is concluded in September when the CGR’s budget is submitted to the National Congress as part of the central government’s budget process. However, the CGR’s performance goals and performance are formulated in September/October. The disconnect between the goals and performance agreements gives rise to concern that there is limited attention to ensure that the performance goals and agreements are set in CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 320 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION accordance with the available budgetary resources. This raises the risk that performance goals and agreements are not set to drive performance improvements, and that the performance bonus attached to the achievement of the performance goals can become an entitlement for CGR officials. In 2012, the CGR’s divisions/offices achieved, on average, 107% of the targets outlined in the performance goals. All divisions/offices exceeded 100% of targets except one which achieved 96% of its targets (Annex 6.A1). Broaden input from the CGR’s stakeholders as part of the institution’s performance management framework The CGR’s Internal Audit Unit is responsible for verifying compliance with the annual performance goals and performance agreements, as requested by the Comptroller General. The CGR’s Internal Audit Unit was created in March 1994 by CGR Resolution 412 in order to strengthen internal control within the audit institution and foster the application of modern control techniques. The role of the Internal Audit Unit is to provide assurance of the proper functioning of the internal control, the legality, efficiency and effectiveness of the institution’s management. In addition to verifying compliance with the annual performance goals and agreements, the Internal Audit Unit is responsible for: i) evaluating the functioning of the CGR’s internal controls and recommending actions aimed to improve them; ii) ensuring that the institution’s activities are developed in accordance with the approved policies, plans and programmes and proposing corrective measures or relevant technical studies as necessary; and iii) verifying the legality, effectiveness and efficiency with which resources are managed by the institution. The Internal Audit Unit reports directly to the Comptroller General (CGR Resolution 412/1994, Art. 1). In 2010, the CGR initiated a study to assess the quality and timeliness of its oversight processes and to identify ways to enhance its processes and to focus the training of its officials for 2010-12 (Table 6.8). The objective was: i) to identify the strengths and weaknesses of current CGR work; and ii) to create a satisfaction index of the CGR’s work that could be used as a baseline for subsequent evaluations. The study’s methodology focused on quantitative methods drawing upon data collected through a nationwide survey of public entities subject to the CGR’s oversight. The survey focused on the administrative audits, special investigations, legal opinions (dictámenes) and ex ante control of legality (toma de razón). The online questionnaire was sent to 1 366 public entities, among which 766 (56%) responded, 21% of respondents were located in Santiago and 79% in Chile’s 14 regions. Respondents’ profile is that of the head of the unit corresponding to each one of the categories assessed in the survey (i.e. legal, audit, jurisdictional). However, no additional information was reported on the respondent’s profile, which could provide valuable information to contextualise response options. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 321 Table 6.8. Office of the Comptroller General of the Republic of Chile’s survey of auditees Function assessed General Frequency with which the public entity interacts with the CGR Instances of interaction with the CGR Administrative audit Whether the audited entity received a formal notice of the administrative audit (a) Interaction of the audited entity with the CGR auditor; and (b) burden created by the CGR’s request for information (a) Clarity of final audit reports; and (b) clarity of the language used in audit reports (a) Did the audited entity provide comments on the preliminary report; and (b) were comments incorporated in the final report General evaluation of the CGR’s audits Special investigations Whether the audited entity received a formal notice of the special investigation (a) Interaction of the audited entity with the CGR auditor; and (b) burden created by the CGR’s request for information (a) Whether a final report was received after the conclusion of the investigation; and if a report was not issued (b) whether the official involved received a formal response from the CGR (a) Clarity of final audit reports; and (b) clarity of the language used in the audit reports Legal opinions (a) Whether the CGR issued a legal opinion when requested; and if a legal opinion was not issued (b) why a legal opinion was not issued (a) Whether the audited entity has asked for a reconsideration; and (b) whether this was received by the CGR General evaluation of the CGR’s legal opinions Toma de razón Whether administrative acts subject to toma de razón have been accepted, rejected or retired (a) Whether the CGR informs audited entity about defects related to administrative acts; and (b) how the CGR informs the audited entity about defects (a) Whether the toma de razón process is accomplished within the legal deadline of 15 days; and (b) whether reconsiderations have been accepted General evaluation of the CGR’s assignments Response options 5-point scale: Very frequently; frequently; only when necessary; rarely; no relation with the CGR Multiple choice: administrative audits, toma de razón, special investigations, legal opinions, do not know 5-point scale: Always; usually; sometimes; almost never; and never (a) 4-point scale: 4 being fluid and cordial, 1 being very difficult; and (b) 5-point scale: 5 being very easy, 1 being very difficult (a) 5-point scale: Very clear; clear; somewhat clear; less clear; not clear; (b) 5-point scale: Very clear; clear; somewhat clear; less clear; not clear (a) Yes, no; (b) 6-point scale: Always; usually; sometimes; almost never; never; do not know 10-point scale: 10 being excellent, 1 being very deficient 5-point scale: Always; usually; sometimes; almost never; and never (a) 4-point scale: Fluid and cordial; normal collaboration; distant and uncomfortable; indifferent; (b) 5-point scale: very easy, easy, neither easy nor difficult, difficult, very difficult (a) 5-point scale: Always; usually; sometimes; almost never; never; (b) 4-point scale: Always; sometimes; rarely; never (a) 5-point scale: Very clear, clear, somewhat clear, less clear, not clear; (b) 5-point scale: Very clear, clear, somewhat clear, less clear, not clear (a) A legal opinion was issued, no legal opinion was issued; (b) not under CGR competence, the topic relates to criminal law, legal report is missing, other, do not know (a) Yes, no; (b) Yes; no; do not know 10-point scale: 10 being excellent, 1 being very deficient Accepted; rejected; retired (a) Yes; no; no answer; (b) Multiple choice: By telephone; by meeting; by email; no answer (a) Yes, no; (b) Multiple choice: less than 30 days; 30-45 days; 45-60 days; more than 60 days 10-point scale: 10 being excellent, 1 being very deficient Source: CGR (2010), “Percepción del desempeño de procesos y servicios de la Contraloría General de la República [Perception on the performance of processes and services of the CGR]”, Informe final estudio, Facultad de Gobierno, Universidad del Desarrollo, Santiago. In April 2012, the CGR conducted an Organisational Climate Survey (Encuesta de Clima Organizacional) to generate strategic information for the improvement of institutional management. The purpose of this instrument is to collect shared perceptions held by officials of the institution in the variables that affect the CGR’s organisational climate, and aims to be a tool to deliver useful information to management by defining CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 322 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION institutional actions and policies that contribute to organisational results. The Organisational Climate Survey was completed by 96.7% of staff (95.4% at the central level and 99% at the regional level). The overall organisational climate was found to be more favourable at the regional level compared to the central level, and more favourable among officials under the age of 40 years old at both central and regional levels. This can be attributed to the opportunities provided by workforce restructuring and the recruitment of new and younger officials, discussed in the previous section of this chapter. The organisational climate was also found to be more favourable for technical, administrative and auxiliary officials compared to managers, professionals, auditors and heads of divisions/regional comptrollers (CGR, 2012c). The CGR does not, however, formally assess perceptions of the legislature, as done by other SAIs, such as the Australian National Audit Office (Box 6.3).7 Box 6.3. Australian National Audit Office’s surveys of parliament committee members and parliamentarians The Australian National Audit Office undertakes a parliamentary survey every two years. The survey provides valuable information that assists it to continue to meet the needs of parliamentarians and the staff of parliamentary committees. Broadly, the 2011 survey found that ANAO officials were rated highly by parliamentarians and committee secretaries for their accessibility, responsiveness and the extent to which advice or information provided addressed their needs. Survey respondents also valued the work and role of the ANAO, with many remarking that the ANAO played a vital role in keeping government agencies accountable. The ANAO attracted high ratings for having integrity as an organisation, with nearly all (98%) parliamentarians surveyed agreeing with this statement. Further, the ANAO was also perceived to produce high-quality products and to be independent and non-partisan by the vast majority of respondents. The 2011 survey identified some areas where the ANAO could improve and the ANAO has developed a number of initiatives for 2012-13. The ANAO will develop a communications plan to guide its engagement with members of parliament. The ANAO will also look to develop a more concise brochure to outline the objectives and key findings of each performance audit. The ANAO is also considering other approaches to better express the key themes and findings of an audit in the report to reduce the complexity in their reports, to the extent practical. Source: ANAO (2011-2012), The Auditor-General Annual Report 2011-2012, ANAO, Canberra, p. 42-43, www.anao.gov.au/About-Us/Annual-Reports. Take appropriate action that efforts to measure the economic value of audit and non-audit assignments are not the primary driver of institutional reforms The CGR is contracting a study to assess the value and benefit of the institution’s functions for the public administration and citizens. The objective of the study is to measure the direct economic value of the CGR’s current oversight functions and to evaluate the suitability of certain initiatives that the CGR could implement in the future. The study was conducted by a team of experienced Chilean economists. The first stage of this work began in August 2012 identifying the most representative products of the CGR that were suitable for economic evaluation, and the data and information required. The second stage of the work includes the implementation of economic evaluation methods and the generation of concrete estimations of the economic value of the selected CGR activities. The second stage started in March 2013 and is expected to be finalised in late 2014. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION – 323 The premise of the study is that, through accomplishing its legal mandate, the CGR contributes to the economic value generated by public and private entities operating within the economy. The discussion of the CGR’s added value focuses on four main dimensions: ensuring the payment of correct prices by preventing overpricing of materials, labour and capital in service delivery in the short and long term through toma de razón (i.e. ex ante control of legality), and by the recovery of public funds through the tribunal of accounts (i.e. jurisdictional function) ensuring the provision of correct goods (and services) by preventing excessive procurement of inputs (i.e. materials, labour and capital) and production of outputs, and by preventing the misallocation of outputs between beneficiaries through toma de razón and the audit function improving government efficiency by creating common criteria and practices within the public administration such as legal opinions and accounting norms, and by identifying waste, fraud and corruption of public resources and sanctioning the responsible officials through the tribunal of accounts reducing transaction costs by closing information asymmetries within government and enhancing the transparency of the public entity’s actions to support decision making and accountability, as well as by preventing the need for legal action to redress administrative action through the tribunal of accounts. To estimate the economic impact of the CGR, the study uses a combination of non-experimental and experimental methods. Non-experimental methods draw upon existing CGR data and information, but compiling and systematising this data and information, in order to measure the economic impact of the institution’s instruments. Experimental methods require a temporary change in the way the CGR performs its functions so calculations can be made of the economic value added. The experimental methods are selected in a random way to prevent selection bias. Both non-experimental and experimental methods are aimed at measuring the causal impact – and not simply correlation – of the CGR’s functions. For example, it is possible that based on a CGR ex post audit it is found that public entities subject to toma de razón have a lower level of irregularities than those entities that are exempt from toma de razón, implying that public entities subject to toma de razón comply more with the laws and regulations. In this case, toma de razón would be affecting procedures followed by public services and having an impact. However, it is also possible that toma de razón is focused on larger services or those that are more visible to the public, and which have more resources and better staff, which is what leads them to make fewer irregularities. CHILE’S SUPREME AUDIT INSTITUTION: ENHANCING STRATEGIC AGILITY AND PUBLIC TRUST © OECD 2014 324 – 6. ENHANCING THE TRANSPARENCY AND PERFORMANCE OF CHILE’S SUPREME AUDIT INSTITUTION Table 6.9. Preliminary framework for measuring economic value of the Office of the Comptroller General of the Republic of Chile A. Experimental estimations a Economic value of the dissuasive effect of toma de razón on the use of public resources b Economic value of the follow-up work to audit recommendations c Economic value of prevention in the TdR and audit work d Economic value of the dissuasive effect and learning from an audit e Economic value of the dissuasive effect on accounting matters B. Non-experimental estimations f Knowledge acquired in public services and the effect of standardised templates (bases tipo) g Effect of toma de razón in generating knowledge within public services and incentives throughout the political cycle to avoid irregularities h Effect of toma de razón throughout the political cycle in avoiding irregularities committed by public officials i Economic value of the web portal Contraloría y Ciudadano j Effectiveness of audit work in preventing irregularities after the implementation of follow-up units k Direct and indirect economic value of audit work l Direct and indirect economic value of legal decisions Source: Engel, E., et al. (2013), “Estimación del valor económico del control fiscal superior: El caso de la Contraloría General de la República de Chile [Estimating the economic value of the supreme audit institution: The case of the Office of the Comptroller General of the Republic]”, Primer informe de diagnostico, Santiago. The process of calculation consisted of: i) identifying the CGR instruments that generate measurable econom
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