CABINET HANDBOOK - dpac.tas.gov.au · the Cabinet Office is involved. 1.1.5 Cabinet Office staff...

Department of Premier and Cab inet

CABINET HANDBOOK

GOVERNMENT OF TASMANIA DEPARTMENT OF PREMIER AND CABINET

CABINET OFFICE

Level 4, 15 Murray Street HOBART 7000

EMAIL :[email protected]

PHONE : 6270 5669

Cabinet Handbook - April 2018 2

1 Introduction 4 1.1 Purpose 4 1.2 Principles of Cabinet 4 1.3 Operation of Cabinet 5 1.4 Collective Responsibility and Cabinet Confidentiality 6 1.5 Matters Which Come Before Cabinet 7 1.6 Cabinet Agenda 9 1.7 Longer Range Forecast Cabinet Agenda Items 9 1.8 Cabinet Decisions 10 1.9 Storage and Security of Documents 11 1.10 Types of Cabinet Submission 13 1.11 Administration of Cabinet Matters 13

2 Consultation 14 2.1 Prior Consultation on Cabinet Minutes 14 2.2 Prior Consultation Statement 15 2.3 Formal Consultation on Cabinet Minutes 15 2.4 Prior Consultation on Cabinet Briefings 15

3 Writing a Cabinet Minute 18 3.1 Presentation 18 3.2 Quality Policy Advice 19 3.3 Minute Cover Sheet 21 3.4 Purpose (Section 1 of the Cabinet Minute) 21 3.5 Recommendations (Section 2 of the Cabinet Minute) 22 3.6 Background (Section 3 of the Cabinet Minute) 23 3.7 Issues and Supporting Information (Section 4 of the Cabinet

Minute) 24 3.8 Options (Section 5 of the Cabinet Minute) 24 3.9 Minister's Signature and Date 24 3.10 Annexe Statements (Section 6 of the Cabinet Minute) 25 3.11 Financial Impact Statement (Annexe 6.1) 25 3.12 Economic and Employment Impact Statement (Annexe 6.2) 27 3.13 Social/Community Impact Statement (Annexe 6.3) 28 3.14 Legislative and Regulatory Impact Statement (Annexe 6.4) 28 3.15 Intergovernmental Relations Impact Statement (Annexe 6.5) 29 3.16 Community Consultation and Communications Strategy (Annexe

6.6) 30 3.17 Prior Consultation Statement (Annexe 6.7) 31 3.18 Other Attachments (Annexe 6.8) 31

4 Writing a Cabinet Briefing 32 4.1 Standard Requirements 32 4.2 Information Briefings 33 4.3 Appointment Briefings 34 4.4 Final Bill Briefings 37


4.5 Cabinet Committee Briefings 37

5 Style, Presentation and Format of Submissions 38 5.1 Cover Sheet 38 5.2 Body of the Submission 38 5.3 Attachments 39 5.4 Number of Copies 39

6 Lodgement of Cabinet Documents 40 6.1 Contact Officer Information 40 6.2 Timing for Lodgement and Listing for Cabinet 40 6.3 The Ten Day Rule 40 6.4 Cabinet Office Checks 41

7 Comments and Advisories 43 7.1 Comments 43 7.2 Cabinet Advisories 44

8 Cabinet Committees Guidelines 45 8.1 Cabinet Committees 45 8.2 Establishment 45 8.3 Operation 46 8.4 Committee Papers 46 8.5 Decisions 47 8.6 Storage and Disposal of Committee Papers 47

9 Other Matters Which Come to Cabinet 48 9.1 Executive Council Explanatory Note 48 9.2 Response to Parliamentary Questions on Notice 48 9.3 Response to Petitions 49 9.4 Response to Joint House and Select Committee Reports 49

10 Attachments 50

Attachment 1 - Image of Cabinet Minute cover page

Attachment 1 - Image of Cabinet Briefing cover page


1 Introduction

1.1 Purpose

1.1.1 This Handbook outlines the procedures for and conventions around the operation of the Cabinet and its support processes. It is produced as a guide for staff in government agencies and ministerial offices.

1.1.2 These procedures are designed to ensure the efficient and effective presentation of matters for consideration by Cabinet. For good governance, adherence to the procedures is essential.

1.1.3 The handbook is maintained by the Cabinet and Executive Council Office (Cabinet Office) in the Department of Premier and Cabinet.

1.1.4 We welcome any suggestions or ideas either for improving the content and readability of the handbook or for improving the processes in which the Cabinet Office is involved.

1.1.5 Cabinet Office staff will advise and assist on matters of procedure. For general enquiries, contact the Cabinet office by telephoning 6230 5669.

1.2 Principles of Cabinet

1.2.1 The procedures and conventions contained in the Handbook are designed to ensure Cabinet and its associated processes take account of the following fundamental principles.

1.2.2 Cabinet is ultimately responsible for the development, approval and coordination of the policies of the Government.

1.2.3 Cabinet processes are established by the Premier to ensure all Ministers are bound by the same rules and by high standards of probity.

1.2.4 A member of Cabinet who has a material interest in a matter to be discussed in Cabinet must declare the interest at the commencement of the meeting and may be required to absent themselves from discussion on that matter. The fact of the declaration and/or absenting will be recorded in any resulting Cabinet Decision about the item in question.

1.2.5 Cabinet is collectively responsible for the performance of the Government. Each Minister acts jointly with and on behalf of Cabinet colleagues in their capacity as Ministers. This is known as ‘collective responsibility’ and enhances joint support for and adherence to all decisions made in Cabinet.

1.2.6 Consultation is an essential element of the Cabinet process.


1.2.7 Information to be considered by Cabinet is to be of the highest standard. To ensure informed decision-making can occur, the advice submitted to Cabinet should be analytically rigorous, strategic in context, practical and relevant to the needs of Ministers.

1.2.8 Cabinet proposals are to reflect a rigorous analysis of the issue; consideration of regulatory best practice principles, the public interest, whole-of-government considerations and consistency across government policy. Submissions should be strategic in context, practical and relevant.

1.2.9 The deliberations of Cabinet and Cabinet Committees shall be conducted in a secure and confidential environment, and ongoing confidentiality of Cabinet and related records shall be maintained.

1.3 Operation of Cabinet

1.3.1 The Government delivers policy through a Cabinet system of decision making, a convention inherited from the Westminster Parliamentary system.

1.3.2 The use of a group of Ministers known as Cabinet as the prime decision making body is not explicitly provided for in the Constitution Act 1934 nor by any other Tasmanian law.

1.3.3 In Tasmania the Cabinet comprises the Premier (as Chairperson) and all Ministers, and may include other members of Parliament, at the Premier’s discretion.

1.3.4 Cabinet meets regularly (usually weekly) and meetings are chaired by the Premier. Ministers and other members of Cabinet are expected to attend every meeting or provide the Premier with reasons for being unable to attend.

1.3.5 Agencies which prepare documentation for the consideration of Cabinet are doing so on behalf of the responsible Minister. It is the Minister who presents matters to Cabinet for discussion. Ministers are responsible for the proposals they bring forward, even where detailed development or drafting may have been done on their behalf by officers.

1.3.6 Similarly, the decisions of Cabinet are put into effect by individual Ministers whose actions are often authorised under particular Acts of Parliament or under provisions endorsed by the Governor-in-Council. Cabinet decisions have no legal standing till put into effect by the Parliament, the Executive Council or the Minister.

1.3.7 Departmental officers and ministerial staff should at all times act in support of Ministers' obligations to abide by Cabinet conventions and their Minister should be advised if there appears to be a breach of these conventions.


1.4 Collective Responsibility and Cabinet Confidentiality

1.4.1 The collective responsibility of Ministers for Government decisions requires collective adherence to all resolutions agreed in Cabinet. Cabinet decisions reflect collective deliberation and are binding on all Cabinet members as government policy.

1.4.2 The Cabinet process is designed to support the convention of collective responsibility. To assist this, members of Cabinet are provided with all documents in advance of a meeting so that they are aware of the business coming to Cabinet.

1.4.3 Cabinet’s ability to reach collective decisions is aided by agencies ensuring adequate prior consultation on matters which come to Cabinet so that major differences between portfolios are resolved or understood, before discussion in the Cabinet room.

1.4.4 The Cabinet system also supports collective responsibility by providing a confidential environment which allows full and open discussion in order to reach a united conclusion which is binding on all members of Cabinet.

1.4.5 If a Minister is unable to publicly support a Cabinet decision, the proper course is for him or her to resign from Cabinet. All Ministers are required to give their support in public debate to the collective decisions of and the policies formulated by Cabinet. To dissent would leave a member of Cabinet with no option but to resign from Cabinet.

1.4.6 Ministers are to ensure there is no announcement of policy initiatives or expenditure commitments which have not been given Cabinet authority or, where appropriate, Governor-in-Council approval. In exceptional cases where prior Cabinet clearance is not possible, proposed announcements must be cleared with the Premier.

1.4.7 Ministers are not to make public statements or comment on policy proposals which they are bringing, or which are to be brought, to Cabinet. Promotion in public of a particular position may pre-empt Cabinet deliberations. Identification of individual Ministers with particular views tends to call into question the collective basis of agreed outcomes. Each portfolio Minister is responsible for direction and public presentation of policy within their portfolio responsibilities, and other Ministers should avoid separate policy stances becoming matters of public debate.

1.4.8 It is inappropriate for Ministers to accept invitations to speak about or comment publicly on matters outside their portfolio area without the prior approval of the Premier. Where Ministers are required to speak publicly about an issue that crosses portfolio boundaries, the Minister should either obtain a collective view from Cabinet or discuss the issue with the Premier and other responsible Ministers.


1.4.9 Cabinet confidentiality is supported by restricting the distribution of and access to Cabinet documents. Ministers, ministerial staff and agency officers must ensure that Cabinet documents are securely stored and accessed on a strict need-to-know basis (refer Section 1.8).

1.4.10 Collective responsibility is supported by the strict confidentiality afforded Cabinet documents and discussions in the Cabinet Room. Cabinet is a forum in which Ministers, while working towards a collective position, are able to discuss proposals and a variety of options and views with complete freedom. The openness and frankness of discussions in the Cabinet Room are protected by the strict observance of this confidentiality.

1.4.11 For the purpose of Cabinet confidentiality, without seeking to be exhaustive ‘Cabinet documents’ may include: Cabinet Minutes, a document recording a Cabinet decision, Cabinet Agendas; other records of Cabinet discussions; records of discussions or deliberations between Ministers, Secretaries of Departments and other senior officials and/or ministerial staff which would tend to reveal the deliberations of Cabinet if disclosed, or any other record relating to the deliberation or decision of the Cabinet. This includes any information submitted to or proposed to be submitted to Cabinet for its deliberation.

1.4.12 Having regard to the obligations imposed on Ministers by the conventions of collective responsibility and Cabinet confidentiality, officers should not seek from Ministers or from officers who may have been present, information about the views of individual Ministers or about aspects of discussion in the Cabinet Room.

1.5 Matters Which Come Before Cabinet

1.5.1 The type of matters which are to come before Cabinet (or a Cabinet Committee if relevant) include but are not limited to:

• Any significant and/or politically sensitive policy issues, whether originating within the Government or from discussions with other governments, including new policies and variations to existing policies;

• Proposed major policy reviews that will require consultation within the public sector, with the private sector or non-governmental organisations or that will absorb significant government resources;

• Significant portfolio policy announcements and politically sensitive Ministerial Statements to Parliament;

• Reports outlining the implementation of Cabinet decisions and key government commitments;


• Discussion papers on proposed government policy intended for public consultation;

• Any proposal which will require new or amending legislation;

• Proposed references to, responses from, and the decisions of all Cabinet Committees;

• Matters of an intergovernmental nature that may constrain the Government's ability to develop or amend policy, eg. national policy strategies, Council of Australian Governments (COAG) agreements, international treaties (particularly at the point when the Commonwealth proposes to sign, ratify or take any legally binding action on a treaty);

• Matters, including partnership agreements, likely to have an impact on relations with the Commonwealth, other state or territory, or local governments;

• Proposed new or significant expansion of existing commercial activities or Public Private Partnerships;

• Major issues to be discussed, a report of significant outcomes to be agreed, or agreements to be signed at Ministerial Councils or similar fora, where Ministers are representing the Tasmanian Government;

• Matters likely to have an impact on relations with public or private sector unions/staff, employer groups, significant community groups etc (including governmental or departmental negotiating positions on significant industrial relations issues);

• Matters likely to have a major impact on community relations;

• Major expenditure and revenue proposals, including proposals for specific purpose payments or major capital works (These are usually considered only in the Budget context);

• Senior appointments in government departments (ie the salary is equivalent to or higher than Level 1 of the Senior Executive Service);

• Appointments of chief executive officers of government businesses;

• Appointments to significant boards, committees, authorities and advisory bodies, including directors of government businesses;1

1 An appointment is significant if: the members, in connection with their role on a body, receive

remuneration of any type from government funds, or are responsible for allocating government funds or resources; it is to regulatory and licensing bodies, commissions, industry tribunals and boards,


• Appointments to statutory offices;

• Any appointment to be made by the Governor-in-Council;

• Government submissions to Parliamentary Committees or to Commonwealth inquiries and Parliamentary Committees and all Ministerial responses to the reports of Parliamentary Committees prior to their tabling in the Parliament;

• Government responses to Private Members' Bills, Questions on Notice, Petitions prior to their tabling in the Parliament; and

• Any matter a Minister believes the Cabinet needs to be aware of, particularly if collective responsibility is an important consideration.

1.5.2 Agencies should seek advice from the Cabinet Office or relevant Minister if they are uncertain about whether a particular matter should be submitted for consideration by Cabinet.

1.6 Cabinet Agenda

1.6.1 Cabinet meetings are usually held on Mondays when Parliament is sitting, and on Tuesdays when Parliament is not in session, but may occasionally be held on other days.

1.6.2 The Cabinet Office prepares a draft agenda for each Cabinet meeting (on the basis of documentation and advice it has received from Ministers) and submits it to the Premier for approval on the Wednesday prior to the Cabinet meeting.

1.6.3 The content and order of items on the final agenda are decided by the Premier.

1.6.4 The Cabinet Office distributes the Cabinet agenda, together with available submissions and other documents, to each member of Cabinet. Distribution usually occurs on the Thursday prior to the Cabinet meeting.

1.7 Longer Range Forecast Cabinet Agenda Items

1.7.1 A rolling three month Longer Range Forecast (LRF) Cabinet Agenda is to be considered by Cabinet. The LRF Cabinet Agenda includes:

consumer and other tribunals of appeal or redress, major research bodies, regional coordination or service delivery bodies, bodies principally responsible for the natural and cultural heritage of the State and principal advisory bodies to the government or Ministers; or a Minister considers he or she should bring it to the attention of Cabinet because of the pre-eminence of the body in question, its scope and/or influence or function, budgetary impact or whole-of-government interest.


a. The title of the future submission;

b. Responsible Portfolio (or Portfolios if a joint submission);

c. Purpose of the submission;

d. Anticipated date to be considered by Cabinet; and

e. Level of importance eg low, high, critical;

1.7.2 The LRF will be prepared monthly by the Cabinet Office based on advice from Ministers offices in consultation with their relevant Agency(ies). It is the responsibility of the Minister’s Office to manage the provision of this information to the Cabinet Office;

1.7.3 The draft LRF will be submitted to the regular Heads of Agencies meeting by the Secretary, Department of Premier and Cabinet for verification before the final document is provided to Cabinet;

1.7.4 All items on the LRF should be developed and submitted to Cabinet within the timeframe set out in the LRF. For this reason, the forecast date must be realistic and should take into account normal consultation and lodgement processes (eg 10-Day-Rule – see 6.3)

1.8 Cabinet Decisions

1.8.1 Decisions of Cabinet are notified to the Minister(s) responsible for actioning that decision. A copy of the decision is also delivered directly to the relevant portfolio agency, and in some cases to other affected agencies.

1.8.2 Cabinet decisions are recorded by the Cabinet Secretary2.

1.8.3 When decisions of Cabinet are recorded, the official copy is lodged with the Cabinet Office.

1.8.4 The original of each decision is signed by the Secretary, Department of Premier and Cabinet and the Premier.

1.8.5 An "action" copy of each decision is provided to the originating Minister(s), and the head(s) of the responsible portfolio agency and any other agency which may be involved in the implementation of the decision.

2 The Cabinet Secretary may be a person appointed to that role under the Constitution Act 1934, a

Parliamentary Secretary to Cabinet appointed by the Premier, a member of Cabinet nominated by the Premier, or the Secretary of the Department of Premier and Cabinet or their delegate. In this Handbook the term "Cabinet Secretary" is used to refer to any of these positions.


1.8.6 The Minister and the relevant portfolio agency are responsible for informing, consulting or liaising with other affected agencies concerning implementation of the decision.

1.8.7 Decisions relating to legislation are also copied to the Chief Parliamentary Counsel. Decisions with financial implications are forwarded to the Secretary, Department of Treasury and Finance. (These “for information” copies of decisions are classified as short-term value records for the purposes of the Archives Act and may be destroyed at the discretion of the receiving agency.)

1.8.8 A set of all Decisions (except those classified as “Secret”) arising from each meeting of Cabinet is forwarded to members of Cabinet. This is referred to as the "Consolidated Set".

1.8.9 Cabinet Decisions may not be copied. The means of conveying the essence of a Decision to officers involved in implementation and follow-up action is a matter for determination within the relevant ministerial offices or agencies. Where precision is essential, and it is considered that this can only be achieved through sighting a hard copy of the Decision, the Minister or head of the relevant agency should request, by writing to the Manager, Cabinet Office, that a copy be made. It is the responsibility of the recipient of the Decision to ensure that such copies are handled with an appropriate level of confidentiality.

1.8.10 The Premier may authorise a submission to be “Secret”. Submissions classified as “Secret” are subject to restricted distribution. Decisions to such submissions are also classified “Secret”. When Secret Decisions (identified as such on the envelope), are distributed to a ministerial office or agency they are to be opened by the Minister or addressee only.

1.8.11 To ensure that delays in formalising Cabinet Decisions are kept to a minimum the Cabinet Office has instigated the following performance targets:

• The time for preparing Cabinet decisions for endorsement by the Secretary, Department of Premier and Cabinet, shall not exceed three hours from the time the Cabinet Secretary advises the Cabinet Office of any changes to the draft decisions following the end of a Cabinet meeting.

• The time for preparing decision letters for distribution to Ministerial Offices, following signing by the Premier, shall not exceed three hours.

1.9 Storage and Security of Documents

1.9.1 Cabinet confidentiality is supported by restricting the distribution of and access to Cabinet documents. Formal Cabinet papers are identified by unique security features and a record of the distribution of documents is maintained.


1.9.2 Ministers, ministerial staff and agency officers are responsible for protecting the confidentiality of Cabinet documents. They must ensure that materials for Cabinet are securely stored and accessed only on a strict need-to-know basis. These measures must ensure that only appropriately authorised officers may access draft or finalised Cabinet materials in hard or electronic form.

1.9.3 All documents prepared for the purpose of submission to Cabinet must be clearly identified as such, whether or not they form part of the documentation which is finally submitted.

1.9.4 All matters prepared for the purpose of consideration by Cabinet, as well as the deliberations and decisions of Cabinet, are confidential. Cabinet and Cabinet Committees are forums in which Ministers must be able to freely and frankly discuss all options in relation to a matter before coming to a collectively agreed position.

1.9.5 Cabinet Office maintains hard copy files of all formal Cabinet documents for archiving purposes. While agencies have an obligation to maintain appropriate records they must also ensure the protection of Cabinet confidentiality.

1.9.6 The following guidelines apply to the storage and distribution of hard copy and electronic documents, including drafts or working documents:

• Access and distribution is to be restricted to those directly involved in the development or analysis of the document. When Cabinet documents are stored electronically by agencies, such documents must be stored in secure directories with access provided on a need-to know-basis. Authors are to ensure that recipients understand the need for confidentiality of such documents;

• Printed copies are to be transmitted and stored securely, eg use a sealed envelope, hand deliver documents and ensure that documents are not left exposed on desks or counters;

• Once a document has been finalised, previous drafts which have no continuing relevance should be destroyed. Printed copies of documents may be shredded or arrangements made for destruction by an approved security shredding agent. This destruction is authorised in the Disposal Schedule for Short-term Value Records DA No. 1258 issued by the State Archivist;

• Action copies of Decisions or final versions of submissions, when retained by agencies, must be kept in a secure system and not on general departmental files;


• The security and handling procedures apply equally to electronic versions of Cabinet documents. Only the finalised version of Cabinet documents should be retained after submission to Cabinet; and

• Faxing or emailing of documents is discouraged and should only be undertaken after the security of such transmission has been considered.

1.10 Types of Cabinet Submission

1.10.1 There are currently two types of Cabinet submission, a Minute and a Briefing:

• A Minute is a submission containing recommendations for consideration and decision by Cabinet. It should provide a detailed analysis of the issues involved and an analysis of the options from which the recommendations emerge. Detailed information about Cabinet Minutes is provided at Section 3; and

• A Briefing is the form of submission used to provide information which does not require Cabinet to make any decision other than to note the information. Briefings are used for appointments, returning bills for final approval, and presenting Committee Minutes or other information for endorsement. The format of Briefings is tailored to the type of information being presented. Detailed information about Cabinet Briefings is provided at Section 4.

1.10.2 In this Handbook the term "submission" refers equally to Minutes and Briefings. These latter terms are used only if the process or documentation is unique to one or other of them.

1.11 Administration of Cabinet Matters

1.11.1 The Cabinet Office is part of the Office of the Secretary in the Department of Premier and Cabinet. It is located on Level 4, Executive Building, 15 Murray Street, Hobart.

1.11.2 The Cabinet Office is responsible for the routine administration of Cabinet matters and acts in accordance with policies established by Cabinet and procedures set out in this Handbook.

1.11.3 As Cabinet meets almost weekly throughout the year the Cabinet Office adheres to a strict timetable of activity in preparation for each meeting.

1.11.4 Advice on matters of procedure can be obtained by telephoning the Office Manager on 6270 5669


2 Consultation

2.1 Prior Consultation on Cabinet Minutes

2.1.1 Prior consultation is an essential element in the preparation of a Cabinet Minute. Agencies initiating a Cabinet Minute must ensure that they consider the interests of other departments and relevant external stakeholders. In particular, all government agencies which may have an interest in or be affected by the matter should be consulted before a Minute is signed and lodged with the Cabinet Office.

2.1.2 Consultation during the preparation of Minutes should uncover and resolve, as far as possible, any problems or policy conflicts arising from the proposal. Ineffective consultation frequently leads to delays in Cabinet’s consideration of the proposal, with Ministers likely to be directed by Cabinet to undertake appropriate consultation prior to further consideration by Cabinet.

2.1.3 Early and genuine consultation is required to ensure high quality advice to Cabinet. Genuine consultation should aim to identify and resolve potential conflicts before the matter reaches Cabinet, and will usually entail more than the circulation of a draft submission for the information of other agencies. It is important that adequate time is allowed for agencies to examine and respond to issues identified during the consultation process.

2.1.4 It is at the discretion of the sponsoring Minister to determine the range of preliminary consultation to be undertaken in the preparation of a Minute. In general, consultation should be as wide as practicable and include other Ministers and agencies which may have an interest in the matter. Local government, industry and community bodies may also need to be consulted. Where consultation is undertaken outside of the Government, care must be exercised to ensure that confidential information is adequately protected.

2.1.5 The Departments of Premier and Cabinet Treasury and Finance will usually have an interest in all Cabinet Minutes, and should always be consulted for assessment from a whole-of-government perspective.


2.2 Prior Consultation Statement

2.2.1 Annexe 6.7 of a Cabinet Minute ('Prior Consultation') is to provide Cabinet with information about consultation on the Minute prior to its submission to Cabinet. It should include:

• The name of agencies, organisations and/or other parties consulted;

• The method(s) of consultation;

• A summary of the views of each party;

• How the views of each party are incorporated in the Minute (or why they are not); and

2.3 Formal Consultation on Cabinet Minutes

2.3.1 On receipt in Cabinet Office final Cabinet Minutes (and sometimes Briefings, see section 2.4) are assessed and forwarded to agencies and/or Government businesses so that formal consultation comments may be provided. Comment will be sought from any relevant, interested or affected agency (see Section 7).

2.3.2 Submissions classified as “Secret” are subject to restricted distribution. When Secret Minutes (identified as such on the envelope), are distributed to a ministerial office or agency they are to be opened by the Minister or addressee only.

2.3.3 The formal consultation process undertaken by the Cabinet Office after the lodgement of a Cabinet Minute is not a substitute for the thorough prior consultation which should be undertaken as part of the preparation of the submission. Formal consultation will usually identify for Cabinet instances where prior consultation has been inadequate or where identified issues have not been resolved.

2.4 Prior Consultation on Cabinet Briefings

2.4.1 Consultation with government agencies is not necessary for Briefings on Final Bills, Committee decisions or Senior Appointments.

2.4.2 Consultation on Information Briefings is generally not required but may be undertaken at the discretion of the sponsoring Minister.

2.4.3 Consultation is required for Briefings on appointments to Government boards, authorities, committees etc if:


• The necessity to consult with particular interest groups is specified in the relevant Act; or

• There is a gender imbalance in the proposed membership of the board, authority or committee.

2.4.4 Nominees selected for appointment should be consulted to ensure that they have no business or personal interest, real or perceived, which might conflict with the interest of the board, authority or committee to which appointment is proposed. This consultation is essential as all appointment Briefings include a declaration by the sponsoring Minister that no such conflict exists.

2.4.5 Where boards, authorities, committees etc are established by legislation there may be a requirement to consult with specified bodies concerning nominations for appointment. Agencies must ensure that such legislative requirements have been fulfilled prior to presenting nominations to the Minister.

2.4.6 The Tasmanian Government is committed to gender equity in the membership of Government boards and committees. The Gender Equity Guidelines and a template for the Certification Form may be found at www.dpac.tas.gov.au/divisions/corporate_and_governance_division/government_services/cabinet_office.

2.4.7 Agencies must consult with the Tasmanian Women’s Register at an early stage of the process of seeking nominations for appointment. The Communities, Sport and Recreation Division (CSRT) in the Department of Premier and Cabinet maintains the Tasmanian Women’s Register to assist agencies identify suitably skilled and/or qualified women candidates for appointment.

2.4.8 When a vacancy is to be filled by the nomination of a non-government organisation, the agency concerned must ensure that such organisations are informed of the Government’s commitment to gender equity on government boards and committees, and should request that the organisation give appropriate consideration to the representation of women when making nominations for appointment. Such organisations may also be referred to CSRT for assistance in locating suitable candidates.

http://www.dpac.tas.gov.au/divisions/corporate_and_governance_division/government_services/cabinet_office



2.4.9 All Cabinet Briefings for board appointments must include a completed Tasmanian Women’s Register Appointment Certification Form. Cabinet Office will not accept a Cabinet Briefing for board appointments unless the proposed membership meets the Government’s target of equal gender balance, the Briefing includes a completed and signed Certification form, or the Premier has approved an exemption for the specific appointment.


3 Writing a Cabinet Minute

3.1 Presentation

3.1.1 Because of the significant workload and pressures borne by Ministers, Minutes must:

• Be presented in the approved format to enable Ministers to focus easily on particular aspects of the proposal;

• Put forward an agreed basis of facts upon which discussion can proceed;

• Succinctly and clearly identify the essential issues for consideration;

• Indicate realistic policy options and their implications; and

• Make clear recommendations which 'stand alone' so that it is not necessary to refer to the body of the Minute, or to attachments, to clarify the intent of the recommendations. In exceptional circumstances where a decision must contain extensive information the detail may be included in an attachment.

3.1.2 Minutes which do not meet standard requirements will be returned by the Cabinet Office to the sponsoring Minister (or agency responsible for drafting the document) for amendment before being placed on a Cabinet agenda.

3.1.3 Minutes should be as short as practicable and ideally should not exceed six pages, including the front cover of the Minute. The six page limit does not include annexes to the Minute. Agencies intending to prepare Minutes longer than six pages should first consult with the Cabinet Office.

3.1.4 The body of the Minute, which immediately follows the cover sheet, should be succinct and cover the essential matters for consideration under the following headings:

• Purpose

• Recommendations

• Background

• Issues and Supporting Information


• Options

• Annexes.

3.1.5 A sample Cabinet Minute is provided as Example 1 in the Cabinet Handbook Examples volume.

3.2 Quality Policy Advice

3.2.1 The Policy Division of the Department of Premier and Cabinet has defined the major qualities of good policy advice as being analytically rigorous, strategic in context, and practical and relevant. A number of indicators have been developed to assist in the assessment of the quality of policy advice, and the following checklist may be a useful tool when writing a Cabinet Minute.

Analytical Rigour 1. Clear statement of purpose - What is the intention of the

document? - What is the document aiming to

achieve? - Who is it for?

2. Sound reasoning/logic - What are the assumptions behind the advice?

- Is the logic behind the options presented clear?

- Is there a clear conclusion or recommendations?

3. Evidence based, up-to-date

- Is the information current? - Is it based on sound evidence? - If there is scant evidence, is that

noted? 4. Balanced, represents

viewpoints and presents options that take account of implementation issues

- Does it clearly state the risks and benefits?

- Are the options realistic? - Have stakeholder and interest group

concerns been taken into account (if relevant)?

- Are there multiple points of view that need to be highlighted?

5. Accurate - Is the information presented correct, clear and unambiguous?


Strategic Context

1. Takes account of government priorities and parliamentary/government/ public sector processes

- Does the advice demonstrate an awareness of the wider environment, the political context, and of the views and constraints of the Minister/Government?

- Have the consequences of following the advice been considered?

- Is the advice impartial and politically neutral?

2. Considers intergovernmental agreements and priorities

- Does it take account of relevant COAG agreements, treaties, ministerial council decisions and local government initiatives?

3. Takes account of relevant legal, fiscal, social, economic, environmental factors

- Have these factors been taken into account in the recommendations or options presented?

4. Considers the Minister’s and the Department’s role

- Is the advice aligned with the Minister’s roles and responsibilities?

- Does it accord with the Department’s goals and values?

- Does it take account of the Department’s policies and applicable legislative requirements?

5. Comprehensive, evidence of appropriate consultation and collaboration

- Does the advice take into consideration other relevant departments’ and stakeholders’ stance on the issue?

- Are the points of difference noted?

Practicality and Relevance

1. Client focused (Premier, Minister, Secretary)

- Is the advice tailored to the intended audience?

- Why is this issue important – why does it require the client’s attention?

2. Timeliness – meets deadlines, responsive

- If there is a ‘critical date’ to consider, is it clear why the timing is critical?

- Has it been delivered in time to be useful to the reader?

- If information is scant because of lack of time, is this noted?


3. Well presented – concise, uses plain English, makes use of attachments, tables and diagrams where appropriate

- Does the information presented conform with the Government Style Manual?

- Is the information presented clearly? - Have tables, figures and attachments

been used (where appropriate) to make the information clearer and easier to digest?

4. Advice is actionable – can be implemented

- Is the implementation of the advice feasible and achievable, taking into account practical and administrative restrictions?

5. Considers the benefits, costs and consequences

- Is the advice balanced? - Does it take into account the

potential costs, benefits and consequences of the recommended options?

3.3 Minute Cover Sheet

3.3.1 The cover sheet constitutes the first page of each Minute. The information for the cover sheet must be prepared on the template available from the Cabinet Office web site: www.dpac.tas.gov.au/divisions/corporate_and_governance_division/government_services/cabinet_office. The completed cover sheet is to be provided to the Cabinet Office on plain white paper, to allow it to be photocopied directly on to the coloured cover sheet pro-forma.

3.3.2 If space is inadequate to give a satisfactory summary for any of the cover sheet headings, reference should be made to the relevant paragraph number(s) in the body of the Minute or to an annexe where further details have been provided.

3.3.3 An image of the coloured Minute coversheet is provided as Attachment 1.

3.4 Purpose (Section 1 of the Cabinet Minute)

3.4.1 The purpose should clearly and concisely state the aim of the proposal being brought forward to Cabinet, and should also identify any timing constraints relating to the recommendations of the Minute.




3.5 Recommendations (Section 2 of the Cabinet Minute)

3.5.1 A comprehensive statement of the recommendation(s) for which Cabinet approval is sought must appear immediately following the statement of purpose in the Minute. The recommendation(s) should contain no argument or evidence, but should be confined to the action recommended for approval. The recommendations form the basis of the Cabinet decision which will be recorded if the recommendations are approved.

3.5.2 Recommendations should be self-contained and not state merely that approval is sought for proposals outlined in the Minute. Tables, lengthy detail from reports, etc do not need to be repeated in full, but precise references to them should be used when appropriate. For example if a particular report is referred to in the Recommendations then the full title, date and relevant page numbers of the report should be cited.

3.5.3 Recommendations are to cover all matters on which decisions are required, but must also be concise and unequivocal. Lengthy recommendations raise the question of whether Cabinet is being asked to decide on too much detail.

3.5.4 Wherever practicable, include a recommendation relating to relevant timeframes for implementing Cabinet’s decision, or providing progress reports. An explanation of those timeframes may be provided in Section 4 – Issues.

3.5.5 If appropriate, a recommendation relating to the financial aspects of the Minute must be included. This should acknowledge reduced or increased receipts (or recommend the provision of additional funds) in the current and future financial years, as detailed in the Financial Impact Statement (Annexe 6.1). Note that Cabinet frequently decides to refer consideration of financial implications to the Budget Committee of Cabinet before a final decision is made, and this should be stated in the Recommendations, if likely.

3.5.6 When the Recommendations span more than one portfolio area, if it is not clear from the context, they must state clearly which Minister has responsibility for implementation for each specific part of the proposed decision.

3.5.7 If an announcement of a decision is proposed, a Recommendation is to be included to authorise a statement and, if appropriate, the timing of the release of any statement, having regard to the Communications Strategy (Annexe 6.6).


3.5.8 Recommendations should commence with the phrase:

"I RECOMMEND that Cabinet approves", or

"We RECOMMEND that Cabinet approves" in the case of joint submissions.

3.5.9 Recommendations seeking approval to draft legislation should include either:

[Standard recommendation]

“.....that Cabinet notes that:

1. The timing and priority for drafting of the Bill must be determined by the Legislation Agenda Committee of Cabinet;

2. Final draft Bill(s) must be submitted to Cabinet for endorsement prior to tabling in the Parliament; and

3. If the final draft Bill is not completed by (six months after the matter has been considered by Cabinet) a report on the progress of drafting should be submitted to Cabinet for consideration by no later than that date;

or

[For urgent Bills]“.....that Cabinet agrees:

“That either the final draft Bill or a report on the progress of drafting will be submitted before the Cabinet meeting scheduled after <insert date agreed with Chief Parliamentary Counsel>”.

3.5.10 A page break must follow the Recommendations section so that the Background section always starts on a new page.

3.6 Background (Section 3 of the Cabinet Minute)

3.6.1 The Background section is used to provide a summary of the events leading up to the proposal to be considered by Cabinet.

3.6.2 Reference may only be made to Cabinet’s previous consideration of a subject if there has not been an election since the relevant decisions were made. Relevant decision numbers and dates should be cited if the same matter has previously been considered by the current Cabinet. Specific references to Cabinet deliberations or decisions of a previous Government must not be quoted. Copies of documents originating under a previous Government are not to be included as attachments.


3.6.3 Reference should be made to relevant policy commitments given by the current Government. These should be specific. General reference to main policy documents (eg. "Consistent with the Economic Strategy document") is inadequate.

3.7 Issues and Supporting Information (Section 4 of the Cabinet Minute)

3.7.1 This part of the Minute should identify, examine and analyse the issues for consideration and determination. Presentation should be logical, concise and contain sufficient information to enable Ministers to focus quickly upon the issues they are to determine.

3.7.2 Graphs, tables and illustrations may be used to clarify issues. They may be in an attachment to the Minute, or if space permits, be included in the body of the Minute. While graphs, pie charts etc are often useful, care should be taken to ensure that they are clear and unambiguous.

3.8 Options (Section 5 of the Cabinet Minute)

3.8.1 The principal options for the Government are to be stated and the preferred option is to be clearly identified. There is usually insufficient room to develop at length the arguments for and against every option (this information is usually canvassed in the Issues and Supporting Information Section). However, Ministers need to have an understanding of the alternatives available, why a particular course of action is preferred, and the outcomes of not proceeding with this course of action.

3.8.2 Except in a limited number of cases, an Options section which provides a choice of only “accept” or “reject” one option is generally considered to be inadequate.

3.9 Minister's Signature and Date

3.9.1 All Minutes must be signed by the sponsoring Minister prior to forwarding to Cabinet Office.

3.9.2 The Minister's name and portfolio should be typed in capital letters about 7 or 8 lines below the last line of the text, on the left hand side of the final page using the form preferred by the Minister.


3.9.3 The date on which the Minute is signed by the Minister should be below the Minister's name and signature. This date should be the same as that shown on the cover sheet, and may be handwritten once the Minister has signed the document.

3.9.4 Joint Minutes must be signed by all sponsoring Ministers, and dated when the last Minister signs.

3.10 Annexe Statements (Section 6 of the Cabinet Minute)

3.10.1 Annexe Statements are attached after the body of the Minute, following the Minister's signature block. A heading for each of the Statements (6.1 - 6.9) must be included in the annexe list. The headings for the Statements to be included as annexes to all Minutes are:

6.1 Financial Impact Statement

6.2 Economic and Employment Impact Statement

6.3 Social/Community Impact Statement

6.4 Legislative and Regulatory Impact Statement

6.5 Intergovernmental Impact Statement

6.6 Community Consultation and Communications Strategy

6.7 Prior Consultation Statement

6.8 Other Attachments.

3.10.2 Information must be provided for each Annexe Statement, or a clear statement made that this particular aspect of policy is not impacted.

3.10.3 It is not necessary for each Annexe Statement to begin on a new page.

3.11 Financial Impact Statement (Annexe 6.1)

3.11.1 The Department of Treasury and Finance should be consulted during preparation of all Minutes.

3.11.2 Minutes requesting additional funding will not be considered until the Department of Treasury and Finance’s evaluation of the submission is available.


3.11.3 Minutes requiring additional funding for an agency are not generally to be submitted to Cabinet if the net cost is less than 0.5% of the agency's total discretionary expenditure. Clarification should be sought from Department of Treasury and Finance if there are any queries about meeting this criterion.

3.11.4 Typically Cabinet may decide to refer consideration of financial implications to the Budget Committee of Cabinet before a final decision is made.

3.11.5 If the submission has no financial implications for any government agency, a clear statement to this effect should be included at Annexe Statement 6.1 (see page 5 of Example 1 in the Cabinet Handbook Examples volume). If such a statement is included it is not necessary to include the Financial Impact Statement proforma.

3.11.6 When there are financial implications, an explanation should be included at Annexe Statement 6.1 (see page 5 of Example 1 in the Cabinet Handbook Examples volume) as well as the completed Financial Impact Statement proforma which details the financial implications of the proposal.

3.11.7 An example of the pro-forma to be used for the Financial Impact Statement is shown at pages 8 and 9 of Example 1 in the Cabinet Handbook Examples volume. . A template is available at www.dpac.tas.gov.au/divisions/corporate_and_governance_division/government_services/cabinet_office. The Statement is to detail:

• All variations in expenditure/receipts affected by the proposal, even if the net effect of the proposal is nil;

• The effects on the Consolidated Fund, the Special Deposits and Trust Fund and Statutory Authority funds;

• The effects in the current financial year and the three succeeding financial years; and

• The effects on the resource allocations/receipts of any other agency. The agreement or otherwise of these other agencies is to be stated.

3.11.8 The Department of Treasury and Finance cannot approve funding, but can assess the revenue and/or cost estimates and agree whether or not funds additional to the Budget are required. Funds can only be approved by the Treasurer and/or Cabinet.




3.12 Economic and Employment Impact Statement (Annexe 6.2)

3.12.1 Any significant direct or indirect impact on the Tasmanian economy should be detailed here. Reference should be made to the effects on specific industry sectors and, where appropriate, to the impact in particular regions/localities. The following departments should be consulted in the preparation of this Statement:

• State Growth;

• Treasury and Finance; and

• Other departments or agencies responsible for a particular industry sector which may be affected.

3.12.2 Describe how the proposal will lead to job creation and economic growth in Tasmania, including regional and local impacts. For example, how will the proposal:

• provide support and greater certainty for business and investment in the State, (eg, by making it cheaper and easier to business, or improve access to economic opportunities);

• stimulate and support a modern economy and build on our competitive strengths (eg, in the fields of agriculture and aquaculture, tourism, energy, and mining and forestry); and/or

• support Tasmanians to equip themselves with the skills they need to fully participate in the Tasmanian economy, and ensure Tasmanian businesses have access to an appropriately skilled workforce.

3.12.3 Any impact on Tasmanian business is to be addressed, including an indication of what action is planned to avoid/minimise any potentially negative impacts.

3.12.4 Where the proposal involves a major procurement activity, details are to be provided on how the competitiveness of Tasmanian businesses will be assessed and, where appropriate, improved (eg joint venturing etc).

3.12.5 Additionally, the potential impacts of a proposal, including efficiency and financial impacts, at an individual enterprise level, as well as the broader economic and employment implications should be considered. In taking into account these issues, consultation with Tasmanian businesses is encouraged.


3.13 Social/Community Impact Statement (Annexe 6.3)

3.13.1 The aim of the Social/Community Impact Statement is to identify the impact of each proposal on the well-being of families, small communities etc. Issues which could be considered include:

• The effect on particular groups such as single-parent families, geographically isolated groups, people of diverse language and cultural backgrounds etc;

• The effect on access to recreational, cultural and leisure activities; and

• The effect on the environment.

3.14 Legislative and Regulatory Impact Statement (Annexe 6.4)

3.14.1 This Statement is to be included when a Minute recommends amendments to existing legislation, the enactment of new legislation or promulgation of regulations. It should address both the regulatory impact as assessed by the Government's Legislation Review Program (LRP), and the requirements of the drafting task as set out in the “Legislation Drafting Checklist”.

3.14.2 The Legislation Drafting Checklist is designed to assist with the management of the Government’s legislative program. The Checklist should indicate the proposed date for completion of drafting if such a date has been agreed with the Office of the Parliamentary Counsel.

3.14.3 The Legislation Drafting Checklist must be completed and included in the Cabinet Minute at 6.8 - Other Attachments.

3.14.4 An example of the Checklist is included at page 10 and 11 of Example 1 in the Cabinet Handbook Examples volume. A template is available at www.dpac.tas.gov.au/divisions/corporate_and_governance_division/government_services/cabinet_office.

3.14.5 Regulatory Impact – The Statement must address whether the agency has complied with the Government’s LRP. The LRP procedures and guidelines outline the process for the review of existing legislation that restricts competition and 'gatekeeper' arrangements for new or amending legislation that restrict competition or has a significant impact on business.




3.14.6 The Economic Review Unit in the Department of Treasury and Finance provides advice on the processes required by the LRP.

3.14.7 When a Minister is recommending that restrictions on competition or policies with significant negative impacts on business be introduced or continue, the text of the Minute should clearly demonstrate why the proposal is warranted and how it is in the public benefit.

3.14.8 A copy of the relevant certificates required under the LRP must be attached to the Cabinet Minute at Annexe 6.8 - Other Attachments.

3.15 Intergovernmental Relations Impact Statement (Annexe 6.5)

3.15.1 Where proposals have implications for Local Government, the Commonwealth, or other state or territory governments, the possible effects are to be stated in the Minute. Any Local Government, Commonwealth or jurisdictional negotiations that are proposed (or the result of any that have taken place) should be outlined.

3.15.2 The Intergovernmental Relations Impact Statement is to include:

• Which entities or jurisdictions have been consulted and when;

• The outcome of the consultation;

• The impact of the proposal on Local Government, the Commonwealth Government or other jurisdictions;

• Any impact on the capacity of entities or jurisdictions to effectively implement the proposal;

• The need for further consultation and an outline of the proposed communication strategy; and

• The implementation monitoring arrangements.

3.15.3 The Statement should also outline whether the proposal is likely to impose or cause additional financial or operational duty on Local Government.


3.16 Community Consultation and Communications Strategy (Annexe 6.6)

3.16.1 This Statement should identify any need for community consultation and outline a communications plan.

3.16.2 If the need for community consultation is identified, the Statement should provide an outline of how and when this will be undertaken.

3.16.3 A Communications Strategy should be attached to submissions in order to inform Cabinet about how agencies intend to communicate particular decisions.

3.16.4 Draft text for a media release (if required), should be included with the Communications Strategy Template. If a draft release is not available, indicate when it will be available and the agency responsible for drafting it.

3.16.5 Some discretion exists in deciding if a strategy is required. Guidance on this issue should be obtained from the authoring agency’s Communications Manager, or from the Manager, Communications and Protocol Unit, Department of Premier and Cabinet.

3.16.6 Where warranted by the complexity of a project’s communications needs, a more detailed communication strategy, in an alternative format as determined by the agency, is acceptable.

3.16.7 Minutes which require a Communications Strategy will not be included on the Cabinet agenda until a strategy approved by the Agency Communications Manager is provided.

3.16.8 The information contained in the strategy should be referenced on the Minute Cover Sheet. If a Strategy is required for a Cabinet Minute the template should be included as an attachment at Annexe 6.8 - Other Attachments.

3.16.9 An example of the Communications Strategy Template may be found at page 13, 14 and 15 of Example 1 in the Cabinet Handbook Examples volume. A guide to using the Communications Strategy Template is included at page 12 of that example.

3.16.10 An electronic version of the template is available at: www.communications.tas.gov.au/templates#!/1/1/_.

http://www.communications.tas.gov.au/templates#!/1/1/_


3.17 Prior Consultation Statement (Annexe 6.7)

3.17.1 The Prior Consultation Statement relates to consultation undertaken prior to the lodgement of the final Minute with the Cabinet Office (see Section 2.3). Prior consultation is an essential part of the preparation of a Cabinet Minute and the process should be adequately documented in the Prior Consultation Statement. The agencies and other bodies consulted should be listed and the outcome of such consultations summarised, eg whether there is general support or if there are issues still to be resolved. If there are unresolved issues describe how they might be resolved.

3.18 Other Attachments (Annexe 6.8)

3.18.1 A list of the number and title of other attachments to be presented as supporting documents for the Minute should be included at Annexe 6.8.

3.18.2 Attachments should be clearly labelled and numbered "Attachment 1,” “Attachment 2” etc.

3.18.3 Attachments related to Annexe Statements that are to be provided in Annexe 6.8 include:

• Certificates required under the LRP;

• Legislation Drafting Checklist; and

• Communications Strategy.


4 Writing a Cabinet Briefing

4.1 Standard Requirements

4.1.1 Briefings are used to present information to Cabinet for noting. The Briefing format is customised according to the type of information being presented:

• Information Briefing – to be used when the submission does not require a decision of Cabinet other than to note the contents - see Section 4.2;

• Appointments to Government boards, authorities, committees, etc - see Section 4.3.2 – 4.3.9;

• Appointments to Senior Executive or Statutory offices– see Section 4.3.10 – 4.3.15;

• Appointment of Chief Executive Officers to Government Business Enterprises (GBE) and State-owned Companies (SOC) see Section 4.3.16 – 4.3

• Final Bill Briefing – to be used when returning final Bills for approval – see Section 4.4; or

• Committee Briefing – to be used when seeking Cabinet endorsement of Cabinet Committee decisions – see Section 4.5.

4.1.2 The cover sheet constitutes the first page of each Briefing. The information for the cover sheet must be prepared on the template available from the Cabinet Office web site www.dpac.tas.gov.au/divisions/corporate_and_governance_division/government_services/cabinet_office. then be provided to the Cabinet Office on plain white paper so as to allow it to be photocopied directly on to the coloured cover sheet proforma. An image of the coloured Briefing coversheet is provided as Attachment 2.

4.1.3 A Communications Strategy should be attached to Briefings in order to inform Cabinet as to how agencies intend to communicate particular decisions.

4.1.4 Some discretion exists in deciding if a Communications Strategy is required - most position appointments, for example, will not require a strategy. Guidance on this issue should be obtained from your agency Communications Manager or the Communications and Protocol Manager, Department of Premier and Cabinet.




4.1.5 The information contained in the template is to be referenced on the submission cover sheet. If a Strategy is required for a Cabinet Briefing it is to be included as the final attachment.

4.1.6 Briefings which require a Communications Strategy will not be included on the Cabinet agenda until a strategy approved by the Agency Communications Manager is provided.

4.1.7 Draft text for a media release (if required), should be included with the Communications Strategy Template. If a draft release is not available, indicate when it will be available and the agency responsible for drafting it.

4.1.8 An electronic version of the Template is available at: www.communications.tas.gov.au/resources/cab_sub_temp.dot . Further information on the Communications Strategy template may be found at page 13, 14 and 15 of Example 1 in the Cabinet Handbook Examples volume.

4.2 Information Briefings

4.2.1 The format for the body of an Information Briefing will depend upon the subject matter being presented, but should usually be structured under the following headings:

Purpose - A concise statement of the reasons for presenting the information to Cabinet.

Background - A brief summary of the events leading up to the briefing. Reference may be made to any previous consideration of the subject by Cabinet. Relevant decision numbers and dates should be cited if the same, or similar, matter has previously been considered by the current Cabinet (ie, there hasn’t been an election since the relevant decisions were made). Specific references to Cabinet deliberations or decisions of a previous Government must not be quoted. Copies of documents originating under a previous Government are not to be included as attachments.

Information - The information being brought to Cabinet's attention should be detailed here in a format which clearly and succinctly presents the subject matter.

4.2.2 These headings may be amended depending on the nature of the information being presented. A sample Information Briefing is provided at Example 2 in the Cabinet Handbook Examples volume.

http://www.communications.tas.gov.au/resources/cab_sub_temp.dot


4.3 Appointment Briefings

4.3.1 There are two types of Appointment Briefings – one for appointments to boards, authorities, and committees and another for senior and statutory officer appointments.

Government Boards, Authorities and Committees

4.3.2 Proposed appointments to Government boards, authorities and committees (“Board appointments”) are prepared as Briefings, notwithstanding the fact that recommendations are usually involved.

4.3.3 All appointments should include a brief outline of the selection process and significant reasons for selecting the recommended candidate(s).

4.3.4 Re-appointments, including re-appointments of directors of Government businesses, must be submitted to Cabinet in the same way as initial appointments. If the appointment is to fill a forthcoming vacancy then the name and expiry date of the incumbent must be noted in the Briefing.

4.3.5 All Briefings for proposed board appointments must include the sizing statement prepared by the Department of Premier and Cabinet. Sizing statements set out the recommended remuneration for members of the board, authority or committee.

4.3.6 Appointment Briefings must specify the existing and proposed number of male and female members on the Board or Committee, and whether the Tasmanian Women’s Register has been consulted in an attempt to identify suitable women candidates. An explanation as to why the Register was not consulted must be provided in the Briefing.

4.3.7 A completed Tasmanian Women’s Register Appointment Certification Form must be included with the Briefing regardless of the number of women being appointed and the number of women on the board as a result of the appointment/s. Briefings that do not comply will not be submitted to Cabinet.

4.3.8 If there is a statutory obligation for consultation concerning the nomination for appointments, the Briefing is to include a clear statement that this obligation has been met.


4.3.9 The Minister is required to assure Cabinet that the nominees have no business or personal interest, real or perceived, which might conflict with the interests of the board, authority or committee to which appointment is proposed. Agencies must check with candidates that no such conflict of interest exists prior to submitting the list of nominees to the Minister.

4.3.10 The preferred format for Board Appointment Briefings is shown at Example 3 in the Cabinet Handbook Examples volume.

Senior and Statutory Office Appointments

4.3.11 Cabinet requires advice of any proposed appointment or re-appointment to senior positions. Senior positions are statutory offices or those offices remunerated at SES Level 1 or above.

4.3.12 Proposed senior appointments are prepared as a Briefing. An example of a Senior Appointment Briefing is provided at Example 4 in the Cabinet Handbook Examples volume.

4.3.13 In the case of a proposed new appointment the Briefing should include the following information:

• Name of the agency

• Position title

• Period of appointment

• Remuneration and conditions (eg SES Level or in accordance with the Judges Act etc)

• Proposed starting date

• A brief outline of the recruitment process

• The name of the successful applicant (appointee)

• Recent positions held by the appointee (or a brief curriculum vitae can be attached)

• Significant reasons why the applicant was selected

• Whether appointment by Governor in Council is required

• Any publicity or timing of announcement

4.3.14 It is not necessary or appropriate to attach the appointee’s full written application.


4.3.15 Appointment Briefings should rarely be longer than one page (with short curriculum vitae attached).

Government Business Enterprise and State-owned Company

4.3.16 Cabinet requires advice of any proposed appointment or re-appointment of a Chief Executive Officer of a GBE or SOC.

4.3.17 Proposed CEO appointments are prepared as a Briefing. An example of a CEO Appointment Briefing is provided at Example 5 in the Cabinet Handbook Examples volume.

4.3.18 In the case of a proposed appointment the Briefing should include the following information:

4.3.19 Position – CEO and name GBE or SOC

4.3.20 Period of appointment

4.3.21 Name of Nominee

4.3.22 Selection Process used

4.3.23 Qualifications and Experience

4.3.24 Remuneration and conditions

4.3.25 Appointed by

4.3.26 Remuneration Package within the Approved CEO Total Remuneration Band

4.3.27 Has the Government Business Executive Remuneration Advisory Panel reviewed the draft Instrument/Contract

4.3.28 Urgency

4.3.29 Consultation

4.3.30 Publicity

4.3.31 Support/Criticism Expected

4.3.32 Recommendation

4.3.33 Attachments –

i Curriculum Vitae


ii Remuneration Table

4.3.34 Appointment Briefings should rarely be longer than one page (with attachments).

4.4 Final Bill Briefings

4.4.1 All final Bills are returned to Cabinet for approval prior to their introduction into the Parliament.

4.4.2 The Legislation Briefing format should be used when the terms of the final Bill are in complete compliance with the Cabinet decision which authorised drafting.

4.4.3 Bills which include policy amendments not previously approved by Cabinet must be presented under cover of a Cabinet Minute (and will be subject to the normal ten day rule).

4.4.4 A copy of the Economic Review Unit Final Assessment Certificate must be included as an attachment to the Briefing, along with the final Bill.

4.4.5 In addition Agencies should endeavour to attach a Parliamentary Package which includes:

• PLP paper;

• Clause notes;

• Second reading speech; and

• Fact sheet.

4.4.6 An example of a Final Bill Briefing is provided at Example 6 in the Cabinet Handbook Examples volume.

4.5 Cabinet Committee Briefings

4.5.1 The Committee Briefing format should be used when presenting Committee decisions and papers to Cabinet for endorsement.

4.5.2 A summary of the Committee decisions should be included in the Briefing.

4.5.3 A full set of Committee papers should be submitted to the Cabinet Office.

4.5.4 A suggested format for Committee Briefings is provided at Example 7 in the Cabinet Handbook Examples volume.


5 Style, Presentation and Format of Submissions

5.1 Cover Sheet

5.1.1 For each Submission, a Cover Sheet (single copy) is to be provided to the Cabinet Office on plain A4 paper so that the text lines up with the corresponding heading on the pro forma cover sheets. This is best achieved by using the appropriate template available from the Cabinet Office website. No cover sheet item should be left blank. The abbreviation "N/A" may be used if the item is not applicable.

5.2 Body of the Submission

5.2.1 Except for printed attachments, the font used should be Gill Sans Light (or similar), font size 12 pt with single line spacing, and paragraph spacing of 0 pt before and 12pt after each paragraph.

5.2.2 A margin of approximately 4 cm should be allowed on the left hand side of each page, apart from the Cover sheet. Top, bottom and right hand margins should be at least 2 cm.

5.2.3 The page number must be shown at the top of each page of the submission. For ease of reference the submission should be page numbered consecutively, beginning with page 2 on the first page following the front cover sheet (which is counted as page 1). Page numbers for attachments should be numbered separately in a way which does not cause confusion with the page numbering of the body of the Minute (eg pages A1, A2, A3 etc.).

5.2.4 Each paragraph should be numbered, using a hierarchical system, as applied in this Handbook. A new primary number should be used for each header (eg Purpose 1.1, 1.2; Recommendations 2.1, 2.2, 2.3). Sub-paragraphs may be tagged separately (eg 2.1.1, 2.1.2, etc).

5.2.5 Tables and schedules should be numbered Table 1, Table 2, etc, consecutively throughout the body of the Minute. Each table and schedule must be given a short title clearly describing its contents.

5.2.6 Apart from common abbreviations like "eg" and "ie", abbreviations and acronyms should be spelt out in full the first time they appear, eg World Heritage Area (WHA).


5.3 Attachments

5.3.1 Printed reports or other printed material attached to a Submission need not be retyped to conform to the above guidelines.

5.3.2 All attachments to Cabinet Minutes, other than those shown as standard annexes should be itemised in a list at Annexe 6.8 showing the attachment number and title.

5.3.3 Attachments should be clearly identified by number (eg Attachment 1) at the top right hand corner of the first page.

5.3.4 Any reference in the body of a Submission to an attachment must clearly identify the attachment and, where appropriate, the page number and the paragraph or table number.

5.4 Number of Copies

5.4.1 The Cabinet Office requires only one copy of a Submission bearing the original signature(s) of the sponsoring Minister(s). Cabinet submissions should be printed single sided.

5.4.2 When any attachments to a Submission are numerous or lengthy the Cabinet Office is to be provided with 17 collated sets of those attachments.

5.4.3 Attachments may be printed double sided and copied in black and white unless the use of colour is necessary to convey information contained in tables, maps etc.


6 Lodgement of Cabinet Documents

6.1 Contact Officer Information

6.1.1 While all documents are submitted to Cabinet by Ministers, it is sometimes necessary to contact the originating officer in order to clarify issues relating to processing, scheduling or consultation. The responsible officer’s contact details (business card or similar) should be included when submissions are forwarded to the Cabinet Office.

6.2 Timing for Lodgement and Listing for Cabinet

6.2.1 The Ten Day Rule (see Section 6.3) applies to all Cabinet submissions except:

• Appointments;

• Endorsement of Committee Decisions;

• Briefings which are returning final draft Bills (which do not depart from the approved policy position) for approval prior to introduction into the Parliament;

• When a previous Cabinet Decision specifies a resubmit date or expressly implies urgency; and

• When the Premier has given approval for the rule to be waived (see Section 6.3).

6.2.2 When the Cabinet Office is notified of a submission, (that meets the above exception criteria), by close of business on Tuesday they will be listed for consideration at the following Cabinet meeting.

6.3 The Ten Day Rule

6.3.1 Subject to Section 6.2, all Cabinet Minutes should be lodged with the Cabinet Office, following signing by the sponsoring Minister(s), at least 10 full working days prior to the date on which they are to be considered by Cabinet. (This is referred to as the "Ten Day Rule").

6.3.2 Ten working days is considered to be the minimum reasonable period in which to:

• Process submissions in the Cabinet Office;


• Obtain formal written consultation comments from agencies and provide these comments to the sponsoring Minister and to the Departments of Premier and Cabinet and Treasury and Finance;

• Obtain written advisories from the Department of Premier and Cabinet and from the Department of Treasury and Finance; and

• Provide time for members of Cabinet to be briefed and to become familiar with the issues.

6.3.3 From time to time, unforeseen critical issues arise which require consideration by Cabinet within the usual 10 day period. When such a situation arises the Minister responsible is to write to the Premier (and a copy forwarded to the Cabinet Office), requesting that the Ten Day Rule be waived and setting out clearly the reasons why urgent consideration is necessary. Only the Premier (or his delegate) may approve waiving the Ten Day Rule, thus allowing earlier consideration (this is known as “under the line”).

6.3.4 The Cabinet Office should be advised as soon as it is known that Cabinet may need to consider an issue under the line, preferably no later than close of business on the Tuesday preceding the Cabinet meeting. Early notification to Cabinet Office simplifies finalisation of the agenda for distribution to Ministers prior to the Cabinet meeting.

6.3.5 Due to the obvious time constraints, a Submission which does not comply with the Ten Day Rule may not be circulated for formal consultation comment to agencies which may have an interest in the matter. However the Cabinet Office will request an assessment of the submission from the Department of Premier and Cabinet and from the Department of Treasury and Finance. These agencies may well comment on the advisability of further consultation prior to a final Cabinet Decision.

6.4 Cabinet Office Checks

6.4.1 Upon receipt in the Cabinet Office, Submissions are checked to ensure that:

• The appropriate format for the submission has been chosen. [Submissions prepared in the incorrect format (eg an Information Briefing which seeks endorsement for a course of action) will be returned to the Ministerial Office or originating agency for redrafting];


• The cover sheet is properly formatted (see Example 1 in the Cabinet Handbook Examples volume);

• There is a page break after the "Recommendations" section of the Minute (see paragraph 3.4.9);

• The body of the Minute is prepared as described in paragraph 3.3 - 3.17;

• The body of the Briefing is prepared as described in paragraph 4.2, 4.3, 4.4 or 4.5;

• The Submission has been signed by the Minister(s);

• The Submission is dated; and

• All the appropriate attachments have been provided.

6.4.2 Checking of other matters such as the accuracy of information, spelling, grammar etc. is the responsibility of those preparing the Submission.

6.4.3 The Cabinet Office has a responsibility to ensure, as far as possible, that submissions meet the minimum quality standards set out in this Handbook. Sub-standard submissions may be returned to Ministerial Offices or originating agencies for correction prior to their listing on an agenda.


7 Comments and Advisories

7.1 Comments

7.1.1 Copies of Minutes (and some Briefings) are distributed to agencies which may have an interest in the subject matter of the Submission. This consultation is designed to alert agencies to the content of the Submission so they may fully brief their Minister and allow him or her to formally advise Cabinet of his or her view.

7.1.2 The Department of Premier and Cabinet and the Department of Treasury and Finance provide a Cabinet Advisory which includes consideration of comments made by other agencies.

7.1.3 Only one copy of a Cabinet Submission is provided to any agency when requesting comment. It is the agency's responsibility to ensure that:

• All relevant divisions or offices within the agency are consulted and their concerns included in the formal comment which is provided by the head of agency to the office of the Minister; and

• Appropriate measures are taken to protect the security of Cabinet submissions during the consultation process (see Section 1.8).

7.1.4 Written comment from an agency should be provided to the Cabinet Office by the date and time stipulated in the covering letter requesting comment. These comments are then forwarded to the authoring Minister before being distributed to all Cabinet Members on the Thursday prior to the Cabinet meeting. An agency’s failure to provide comments in a timely manner may result in the views of that agency not being taken into account in Cabinet deliberations. Agencies should advise the Cabinet Office if they are unable to comply with the suggested timelines.

7.1.5 The copy of the Submission provided should be returned to the Cabinet Office with the comment.

7.1.6 Agency comments should be forwarded to the Cabinet Office through the office of the Minister who has responsibility for that agency. However, comment from any portfolio agency for which the Premier is responsible is provided directly to the Cabinet Office.

7.1.7 A sample format for agency comments is at Example 8 in the Cabinet Handbook Examples volume.


7.2 Cabinet Advisories

7.2.1 The Department of Premier and Cabinet and the Department of Treasury and Finance prepare advice in the form of a Cabinet Advisory on all Cabinet Minutes and on some Cabinet Briefings.

7.2.2 Advisories provide advice from the whole-of-government perspective, and may support the recommendations or provide additional analysis and alternative recommendations.

7.2.3 The Department of Premier and Cabinet and the Department of Treasury and Finance are assisted in their assessment of Minutes by the comments from agencies.

7.2.4 A copy of the Advisory is made available to each member of Cabinet.


8 Cabinet Committees Guidelines

8.1 Cabinet Committees

8.1.1 Cabinet may establish Committees for a range of purposes, with such membership and terms of reference as are considered necessary. Typically Committees might be set up to:

• Deal with specific or especially sensitive issues (eg Aboriginal issues);

• Progress controversial developments where discussion in full Cabinet would be premature (eg projects);

• Consider matters expected to arise requiring urgent decisions (eg industrial relations matters);

• Deal with ongoing major issues or processes involving detailed decisions (eg the Budget); and

• Relatively routine matters still requiring the attention of Ministers (eg legislative program).

8.1.2 There are essentially two forms of Cabinet Committee:

• Standing Committees which deal with long-term and cross-portfolio issues requiring detailed consideration and development prior to Cabinet approval of particular proposals. Some standing committees might deal with cyclic government decision-making processes (eg Budget Committee) or meet on an ad hoc basis to handle specific emerging issues (eg Public Sector Industrial Relations Committee).

• Special Purpose Committees established to make recommendations to Cabinet on particular issues or projects, usually within a limited timeframe.

8.2 Establishment

8.2.1 Committees are established by Cabinet through a Cabinet Decision which defines membership (including the Chair) and terms of reference. In some cases supporting arrangements, such as an Inter-departmental Committee (IDC) or Departmental Working Group, support agency, reporting arrangements and timeframes for the Committee’s work are also set by Cabinet.


8.2.2 Unless otherwise specified, it is the responsibility of the Minister nominated to Chair the Committee to implement the Decision and convene meetings, with support from his or her portfolio agency.

8.3 Operation

8.3.1 Secretariat support for a Committee is normally provided by the portfolio agency of the Minister chairing the Committee. As part of the usual role of Committee chair, the Minister would convene the meetings and set the agenda for each meeting.

8.3.2 The support agency’s role includes:

• Making arrangements (time, venue etc) for meetings and notifying Ministers;

• Liaising with the Minister’s Office and other agencies about the meeting agenda and preparation of supporting material;

• Collation and distribution of papers for each meeting;

• Recording actions and decisions (as with Cabinet, the keeping of detailed minutes is not required or recommended); and

• Coordinating action arising from decisions, as directed by their Minister.

8.3.3 Depending upon the arrangements specified in the establishing Cabinet decision, an IDC chaired by the support agency would normally be set up to assist in coordinating preparation for and follow-up from Committee meetings. Portfolio agencies of all Ministers on the Committee should be represented on the IDC.

8.3.4 Detailed meeting procedures are a matter for each Committee to determine, within the broad parameters of this Handbook.

8.4 Committee Papers

8.4.1 Although there is no one format specified for papers being submitted to a Committee, these should:

• Clearly identify the issue(s) to be resolved;

• Provide any background information needed to enable the Committee to make an informed decision;


• Present and argue the major options available; and

• Provide clear recommendations that can translate into stand alone decisions.

8.4.2 A suggested pro-forma for Committee submissions is shown at Example 9 in the Cabinet Handbook Examples volume.

8.4.3 Meeting papers should be finalised and distributed to Ministers by the support agency at least three days prior to the meeting date. A complete set of the meeting papers should also be forwarded to the Cabinet Office when committee decisions are subsequently being presented for endorsement by Cabinet.

8.5 Decisions

8.5.1 The record of each Committee meeting is to clearly identify all decisions taken. Each of these decisions should be clearly articulated, numbered and dated.

8.5.2 As a general principle, all decisions of Committees are referred to Cabinet for endorsement. This would normally be undertaken in the form of a Cabinet Briefing seeking endorsement for the set of decisions from a particular Committee meeting or set of meetings, following approval of those decisions by the Committee itself.

8.5.3 In some cases, Cabinet may provide a limited delegation of authority to a Committee to act in specific circumstances or in cases where a decision is required in a short timeframe. In such cases the Committee should still report back to Cabinet as soon as practicable on the action taken.

8.6 Storage and Disposal of Committee Papers

8.6.1 Committee papers should be accorded the same security procedures as used for Cabinet documents. (See Section 1.8).

8.6.2 Committee documents should be clearly identified as such.

8.6.3 The supporting agency of a Committee is to forward a copy of all Committee business papers to the Cabinet Office for the purpose of archiving. This would normally occur when decisions are forwarded to Cabinet for endorsement.

.


9 Other Matters Which Come to Cabinet

9.1 Executive Council Explanatory Note

9.1.1 An Executive Council Explanatory Note is used to advise Cabinet of the purpose and substance of matters which require Executive Council approval but have not already been considered by Cabinet.

9.1.2 Explanatory Notes must be considered by Cabinet prior to consideration of the matter by the Executive Council. Explanatory Notes are usually considered at the Cabinet meeting held on the Monday prior to a scheduled Executive Council meeting. Explanatory Notes must be submitted to the Cabinet Office by 12 noon on the Friday prior to consideration by Cabinet.

9.1.3 The Explanatory Note is to be signed by the relevant Minister.

9.1.4 An example of an Executive Council Explanatory note is provided at Example 10 in the Cabinet Handbook Examples volume.

9.1.5 An Explanatory Note is not required when Cabinet has already considered or agreed to a matter as a result of a Cabinet Submission.

9.2 Response to Parliamentary Questions on Notice

9.2.1 The Cabinet Office is responsible for ensuring that proposed responses by Ministers to Parliamentary Questions on Notice are submitted for endorsement by Cabinet.

9.2.2 Ministerial Offices are notified about relevant Questions from the Notice Paper with a request that a Minister's proposed response be forwarded to the Cabinet Office.

9.2.3 A timeframe of two weeks is allowed for the preparation of responses. Cabinet Office should be notified if you are unable to provide the response within the allocated period.

9.2.4 The Cabinet Office collates the proposed responses and ensures that they are submitted to Cabinet for approval. Answers to Questions on Notice which are received in Cabinet Office by close of business on Thursday are usually submitted to the next occurring Cabinet meeting.

9.2.5 The response is to be signed by the relevant Minister.

9.2.6 An example is provided at Example 11 in the Cabinet Handbook Examples volume.


9.2.7 Following the Cabinet meeting, the Cabinet Office notifies Ministers of Cabinet's decision in relation to their particular Questions. Ministerial Offices then arrange for tabling of the response and will, if necessary, inform agencies of Cabinet's decision.

9.3 Response to Petitions

9.3.1 The Cabinet Office is responsible for ensuring that proposed responses by Ministers to Petitions to Parliament are submitted to Cabinet for endorsement by Cabinet.

9.3.2 The procedures and timeframe followed for responses to Petitions are the same as those outlined for responses to Questions on Notice.

9.3.3 An example is provided at Example 12 in the Cabinet Handbook Examples volume.

9.4 Response to Joint House and Select Committee Reports

9.4.1 All responses to Joint House and Select Committee Reports are submitted for Cabinet’s endorsement prior to tabling in the Parliament.

9.4.2 Cabinet Office coordinates the inclusion of these Reports on the Cabinet Agenda.

9.4.3 Government policy is that responses to Committee Reports will be tabled in the Legislative Council within three months of the report’s release. It is therefore important to provide responses within the timeframes specified in the Request for Response.

9.4.4 The format of Responses to Reports will depend on the Report and the nature and detail of the information required to adequately respond to the Report.

9.4.5 There is no specified format for responses save that they should be clearly identified as such and be signed by the relevant Minister.

9.4.6 The actual response may take the form of a direct answer or general position. In either case it is necessary to ensure that each of the recommendations is addressed.

9.4.7 Responses must be signed by the responsible Minister(s).

9.4.8 The original signed copy should be forwarded to the Cabinet Office.

9.4.9 Cabinet Office will notify the relevant Minister’s Office when the response has been approved by Cabinet.

9.4.10 Agencies should liaise with their Minister’s Office concerning arrangements for the tabling of responses in the Parliament.


10 Attachments Attachment 1 – Cabinet Minute cover page

Attachment 2 – Cabinet Briefing cover page

Attachment 1: Cabinet Minute Cover Page


Attachment 2: Cabinet Brief Cover Page


Date post:	13-Jul-2020
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