5.1 Types of submissions
5.1.1 Cabinet and Committee submissions
All submissions for Cabinet and Committees, except Significant Appointment submissions, should be produced using the template at Information requirements for submissions in the Appendices.
Cabinet submissions must be categorised as one or more of Information, Policy, Authority to Prepare, Authority to Introduce and Authority to Forward Significant Subordinate Legislation.
Submissions should be prepared having regards to the requirements in Colour of submissions at the Appendices.
All submissions should be short and to the point. They should be written in plain English, avoiding repetition. Attachments should only be included where their content provides important information required for Cabinet or the Committee to make a decision on the matter.
Examples of the General Cabinet and Committee submission coversheet and body appear in the template at Information requirements for submissions in the Appendices.
5.1.1.1 Information Submissions
Information submissions may contain noting recommendations only.
The noting of the Information submission by Cabinet, however, does not imply the endorsement or otherwise of any proposed course of action. Information submissions must not contain matters that require the endorsement or approval of Cabinet. If such action is required, it must be the subject of a Policy submission.
5.1.1.2 Policy Submissions
Policy submissions seek Cabinet agreement for government policies. It is essential that these submissions provide a strategic view of the issue with a whole of government focus. Policy submissions must canvass all policy options for a particular issue or problem and contain a recommendation for Cabinet consideration and approval.
5.1.1.3 Authority to Prepare Submissions
Authority to Prepare a Bill submissions seek Cabinet approval to commence drafting of a Bill. The title of the submission must reflect the proper name of the Bill that is the subject of the submission. Drafting instructions must be attached to Authority to Prepare submission.
Where a submission addresses both a policy and a legislative issue, the submission can be drafted as a Policy/Authority to Prepare.
An Authority to Prepare submission must include a recommendation:
That approval be given to prepare the (name of Bill) in accordance with the drafting instructions accompanying this submission.
<5.1.1.4 Authority to Introduce Submissions
Authority to Introduce a Bill Submissions are required to seek Cabinet approval for the introduction of all Government Bills.
Authority to Introduce submissions should be brought to Cabinet at least one week prior to the sitting of Parliament at which it is proposed to introduce the Bill.
Authority to Introduce submissions must have attached the Bill to be introduced, the associated Explanatory Notes, and a Statement of Compatibility with Human Rights.
An Authority to Introduce submission must include the following recommendations:
That the (name of Bill) in accordance with the draft accompanying the submission, subject to minor corrections, be introduced into the Legislative Assembly.
That Cabinet note that the (name of Bill) will be referred to an appropriate Parliamentary Portfolio Committee for consideration and report.
While different categories of submissions will need to include different types of information, they should all be prepared using the Cabinet and Committee template.
5.1.1.5 Authority to Forward Significant Subordinate Legislation Submissions
Authority to Forward Significant Subordinate Legislation submission should address the core issues associated with significant regulatory proposals, prior to being forwarded to Executive Council.
Refer also to 8.6.1 Significant Subordinate Legislation.
Authority to Forward Significant Subordinate Legislation submission should include recommendations: That the (name of Regulation) in accordance with the draft attached to the submission be recommended to the Governor in Council for approval.
That Cabinet notes that the (name of Regulation) will be laid before the Legislative Assembly within 14 sitting days after publication in the Government Gazette.
Under section 49 of the Statutory Instruments Act 1992, Subordinate Legislation must be laid before the Legislative Assembly within 14 sitting days after notification in the Gazette. The OQPC will arrange for the notification and tabling of all Subordinate Legislation that it drafts. Departments are responsible for the tabling of Subordinate Legislation that is not drafted by OQPC.
5.1.1.6 Significant Appointment
Ministers are required to bring all significant full-time and part-time appointment proposals to a Government body to Cabinet for consideration. Appointments to a Government body are significant if:
- the members, in connection with their role on a body, receive remuneration of any type from government funds (except for appointments to advisory bodies where Cabinet has previously approved that the advisory body be remunerated)
- members of the body are responsible for allocating government funds or resources
- they are appointments to regulatory and licensing bodies, commissions, industry tribunals and boards, consumer and other tribunals of appeal or redress, major research bodies, significant regional coordination or service delivery bodies, or bodies principally responsible for the natural and cultural heritage of the State
- the Premier, in consultation with the relevant Minister, considers they should be brought 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 other factor of whole-of-government interest.
Significant Appointment submissions must set out the names of board members who are going to be replaced as well as a list of the remaining board members. These requirements are essential to enable the proper consideration of new significant appointments. This information should also be outlined in the letter to the Premier regarding proposed appointments (see 6.2.1 Consultation on Establishment of and Appointments to a Government Body under ‘Appointments to a Government Body’ regarding the requirements for writing to the Premier on all proposed appointments, whether Significant appointments or not).
Wherever possible, departments should consider starting the appointment process at least six months prior to proposed Cabinet consideration to ensure adequate time for consultation obligations and prescribed Cabinet submission lodgement timeframes. Departments should also consider the need to consult with the appropriate Parliamentary Committee on certain appointments, as required in legislation.
A Significant Appointment submission does not require a coversheet as for other submission types and the final copy consists only of a body of a submission on blue paper. A Current curriculum vitae for all proposed appointees must be attached to a Significant Appointment submission.
The section on Significant Appointments in the Appendices provides detailed explanation on the content requirements of the submission.
Significant Appointment submissions must use the standard recommendations laid out at Information requirements for submissions in the Appendices.