6.2 Consultation within Government
To ensure a whole of government approach is applied to matters to
be considered by Cabinet, it is essential that full consultation takes place
between the originating agency and other relevant, interested or affected
agencies, prior to the matter becoming the subject of a formal submission.
Departments being consulted must be given adequate time to consider a draft
submission. Disputes about the adequacy of consultation or how accurately other
departments' views are presented often result in a submission being delayed.
Consulted departments should see the final version of the document before it is
submitted to the Cabinet Secretariat to ensure that they agree with the comments
attributed to them.
Every attempt must be made to resolve disagreement between departments prior
to the submission being lodged. However, submissions should not be unduly
delayed because of a failure to reach full agreement. Where agreement cannot be
reached on contentious issues, such differences should be outlined in the body
of the submission.
A Consultation Addendum summarising consultation details with departments
must be attached to all submissions to support the consultation section (refer
to Chapter 5.4.6" Consultation Addendum". The Addendum
must include the following minimum details:
- department name;
- officers consulted; and
- date consulted.
6.2.1 Consultation on Significant Appointments
It is the Government's policy to support and encourage diversity and equity
in Government bodies and committees. This is reflected in Government policies
including the Women in the Smart State Directions Statement 2003-2008,
Multicultural Queensland, and the Queensland Youth Charter. In
order to support these policies, it is important to reflect diversity and equity
considerations in Significant Appointments.
The Government's policy aim that 50% of new appointments to Government boards
should, where possible, be women is supported by the Office for Women's
Women on Boards strategy. In order to increase the representation of
women on Government boards, departments should ensure that:
- selection panels, where applicable, reflect a gender mix;
- nominating organisations, including industry bodies, propose equal numbers
of male and female candidates and/or demonstrate how they have considered gender
diversity in their recruitment and nomination process; and
- Significant Appointment submissions detail the process used to achieve gender diversity, or provide reasons why gender diversity cannot be achieved.
Executive Services (Department of the Premier and Cabinet), Public Sector
Industrial and Employee Relations Division (Department of Justice and
Attorney-General) must be consulted for each Significant Appointment submission,
except in the cases described below.
The purpose of this consultation is to ensure:
- that gender and multicultural considerations, and interested community
members generally, are taken into account and are given the opportunity to add
to the expertise of bodies to which key appointments are being made; and
- remuneration for members is commensurate with government policy.
Executive Services maintains the Queensland Register of Nominees to
Government Bodies, a database of applicants who would like to be considered for
appointment to Queensland Government bodies. The register includes the names of
applicants with an understanding of multiculturalism, women with a range of
backgrounds, experiences and interests, including Indigenous women, and young
people.
When a search of the register is conducted, Executive Services liaises with
the Office for Women, Multicultural Affairs Queensland, and, where necessary,
the Office for Youth to ensure that gender, multicultural, and youth
representation considerations are taken into account. Departments may also seek
assistance directly from the Office for Women regarding strategies to support
the recruitment and nomination of women to Government boards.
A search of the register is not required when:
- the legislation, under which the appointment is to be made, provides for the
appointee to be nominated by a specific body or a specific type of body,
internal or external to the government; or
- the appointment is judicial or quasi-judicial in nature.
When a search of the register is considered unnecessary, the consultation
section of the Significant Appointment Cabinet submission should set out the
reasons why the search was not conducted.
Ministers are required to raise all proposed appointments, regardless of
whether they are significant or not, with the Premier in writing. This letter
should be lodged with the Premier through the Cabinet Secretary and must include
current curriculum vitae for all proposed appointees.
Wherever possible, departments should consider starting the reappointment
process at least six months prior to proposed Cabinet consideration to ensure
adequate time for consultation obligations and prescribed Cabinet submission
lodgement timeframes.
6.2.2 Departments and committees to be consulted
The following departments and committees must be consulted prior to
preparation of a submission in the specific instances listed.
Department of the Premier and Cabinet
Policy Division
The Policy Division must be consulted in relation to all Cabinet proposals.
Consultation must begin at the commencement of the policy development process
with close liaison maintained through the whole process leading to Cabinet
consideration.
The Policy Division has a primary role of coordination of government policy
by facilitating consultation through the network of Division contacts allocated
to departments. Their involvement in the development process from an early stage
is essential to ensure the best possible policy outcome. A full description of
the role of the Policy Division is described in Chapter 2.3.
Where relations with other jurisdictions involve whole of government
considerations, or are sensitive and may lead to a Cabinet submission (eg.
treaties, intergovernmental agreements, submissions to national or Parliamentary
inquiries, etc.), Intergovernmental Relations, Policy Division should be
consulted at an early stage.
Policy Division must be consulted in relation to all submissions to Queensland Parliamentary Committees, all responses to Queensland Parliamentary Committee reports, and all submissions to Commonwealth inquiries and Commonwealth Parliamentary Committees, including individual agency submissions of a factual nature only which are not going to Cabinet. (See also Chapter 8.3.1.)
Where submissions propose new criminal justice policy initiatives requiring
evaluation or seek funding to evaluate existing policy initiatives, the Criminal
Justice Research Unit should be consulted.
Parliamentary Liaison Officer
The Parliamentary Liaison Officer must be consulted on all proposed
legislation. Consultation must begin when timelines for the passage and
commencement of the legislation are being considered. This is often at the
policy submission stage. Consultation must also occur on all Authority to
Prepare and Authority to Introduce submissions. The purpose of this
consultation is to ensure that sufficient time has been allowed for introduction
and passage. The Premier's written approval is required before any public
announcement or arrangements are made concerning the passage and commencement of
legislation. Refer to Chapter 7.1.4 Monitoring the legislative
program.
Executive Services (Significant Appointments)
Executive Services maintains the Queensland Register of Nominees to
Government Bodies, a database of members of the community interested in being
appointed to government bodies. Executive Services must be consulted for
Significant Appointment submissions except in cases as outlined in Chapter 6.2.1 "Consultation on Significant Appointments".
Ministers must seek the advice of Executive Services before proposing the
appointment of Members of Parliament to government bodies, and in relation to
other Significant Appointments.
Contracts and Advertising Management (Major communication campaigns)
Where a department is proposing any major, sensitive, controversial, major
impact, and/or television or equivalent advertising campaigns, the Advertising
Review Committee, Contracts and Advertising Management should be contacted to
discuss the proposal and to provide advice in relation to the process for
obtaining CBRC approval (email arc@premiers.qld.gov.au). Refer to Chapter 3.2.2 "Matters to be considered by Cabinet Budget Review Committee" and Chapter 3.2.3 "Consideration of major communication campaigns".
Office of the Queensland Parliamentary Counsel (OQPC)
In performing its drafting functions, OQPC has a specific statutory function
to advise Ministers and units of the public sector on:
- alternative ways of achieving policy objectives; and
- the application of fundamental legislative principles.
OQPC should be consulted in the early stages of developing legislative
proposals, preferably before finalising the drafting instructions attached to an
Authority to Prepare a Bill submission.
Public Service Commission (PSC)
PSC must be consulted on issues relating to the management and governance of
the Queensland public sector, including proposals involving:
- significant change management;
- the structure and governance of government entities;
- proposed legislative change which may impact on the structure of departments or employment arrangements;
- the senior executive service;
- workforce management and employment security issues; and
- any other matter relating to the statutory function of the Public Service Commission.
Treasury Department
Financial considerations
The Treasury Department has the responsibility to advise government on the
financial and budgetary implications of all Cabinet documents. Therefore, all
Cabinet proposals with financial implications, whether implicit or explicit,
direct or indirect, (except Significant Appointment remunerations) must be the
subject of consultation with the Treasury Department as early as possible during
their development.
In drafting CBRC submissions with financial implications, originating
agencies must consult closely with the Treasury Department and agree to costing
information that is to be included in the submission. Where the submission
arises or follows on from earlier CBRC consideration, and costing information
has been amended since the original submission, it must be agreed with the
Treasury Department, and a comprehensive explanation on the changes made should
be outlined in the submission.
CBRC will not consider the proposal if prior agreement of the Treasury
Department to financial information has not been received and reflected in a
proposed submission.
Economic and Structural Policy Branch
The Treasury Department is responsible for the coordination of National
Competition Policy (NCP) implementation across departments. In the first
instance, the relevant business groups within the department must be consulted
on all proposals for Cabinet's consideration that have competition implications,
including the following:
- consideration of restructuring options for government business activities; and
- proposed new or amended legislation (or reviews of legislation) which could
contain provisions that restrict competition - it should be noted that
legislation that restricts competition will need to be subject to a public
benefit assessment.
Queensland Office for Regulatory Efficiency
The Queensland Office for Regulatory Efficiency must be consulted where a
proposal has economic, social and environmental implications for the regulatory
framework, which may necessitate the preparation of a Regulatory Impact
Statement (RIS). (Email: ris.enquiries@treasury.qld.gov.au.)
If the proposal also requires a Public Benefit Test (PBT), a joint
consultation process may be undertaken to satisfy both RIS and PBT
requirements. Early consultation with the Treasury Department is required to
determine if a PBT is necessary. Refer to Chapter 7.4.2 "Regulatory impact
statements".
Department of Justice and Attorney-General
The Department must be consulted where proposals raise the creation of new offences, increased powers to police or other State officials, affect court or tribunal processes or resources, or directly or indirectly require the provision of extensive legal representative services, eg. by Legal Aid Queensland, or the provision of legal advice, in particular by the Crown Solicitor.
Where the advice of the Crown Solicitor has been sought in relation to a Cabinet proposal:
- the Attorney-General must be notified before lodgement of the final Cabinet submission;
- the legal advice must be referenced in the body of the submission when prepared, and a copy of the advice attached; and
- the Department of Justice and Attorney-General must be included in the consultation addendum to the submission.
When proposing to establish a new right of review of a Queensland Government
decision, or when proposing a significant change to an existing review process,
the relevant Cabinet submission must set out how the issues identified in the
Administrative Review Policy have been addressed. Strategic Policy can provide
advice on the application of the policy in specific circumstances.
Inconsistency with the Corporations Act 2001 (Commonwealth)
Departments preparing legislation that could be inconsistent with the
Corporations Act 2001 (Commonwealth) are required to consult with the
Department of Justice and Attorney-General to ensure that Queensland's
obligations arising from the Commonwealth-State Corporations Agreement are
fulfilled. This Agreement provides that States must notify, and seek the
approval of, the Ministerial Council for Corporations when proposing legislation
that is inconsistent with the Corporations Act 2001 (Commonwealth).
Central Bargaining Unit (Enterprise Bargaining Agreement CBRC submissions)
The Central Bargaining Unit of the Division of Public Sector Industrial and
Employee Relations, Department of Justice and Attorney-General centrally manages
public sector enterprise bargaining negotiations. Departments are required to
consult with the Central Bargaining Unit prior to submitting negotiating
frameworks to CBRC for consideration and approval.
The Minister responsible for Industrial Relations is to be a joint signatory on all CBRC submissions directly relating to public sector enterprise bargaining matters.
Division of Public Sector Industrial and Employee Relations (PSIER) Division (Significant Appointments)
Cabinet has directed that agencies must consult with the Division of Public Sector Industrial and Employee Relations within the Department of Justice and Attorney-General on all Significant Appointment Cabinet submissions to ensure that remuneration rates in the submission are consistent with the various categories as outlined in the Remuneration Guidelines - Remuneration of Part-time Chairs and Members of Government Boards, Committees and Statutory Authorities.
In order to implement this directive, all proposed Significant Appointment
Cabinet submissions are to be directed to the CLLO, Department of Justice and
Attorney-General, who will coordinate the Department of Justice and
Attorney-General's response.
In order to minimise the impact of timing, consultation with the Division of
Public Sector Industrial and Employee Relations should be undertaken during the
preparation of the Cabinet submission.
All Significant Appointment Cabinet submissions will need to reflect the
consultation undertaken with the Department of Justice and Attorney-General in
the sections entitled Remuneration and Conditions; Consultation; and Results of
Consultation. Consultation with the Department of Justice and
Attorney-General also needs to be included in the consultation addendum attached
to the submission.
Department of Employment, Economic Development and Innovation
The Department of Employment, Economic Development and Innovation provides guidance on developing Rural and Regional Impact Statements. For further information please contact the Rural and Regional Queensland unit on 4967 1454.
Employment Initiatives
The Division of Employment and Indigenous Initiatives within the
Department of Employment, Economic Development and Innovation must be consulted
as early as possible during the development of an Employment and Skills
Development Impact Statement for all Cabinet submissions (excluding
Information and Significant Appointment submissions but including submissions to
CBRC). Refer to Chapter 5.4.3 "Preparation of a body of a Cabinet submission"
Department of Public Works
The Office of the Queensland Government Chief Information Officer, Department
of Public Works must be consulted where a Cabinet or Cabinet Committee
submission has a major information management or information technology and
communications component. Such consultation should be noted in any subsequent
Executive Council Minute.
The QGCIO has a leadership role across Government in relation to information
and communication technology matters. Its involvement in the development
process from an early stage is essential to ensure a more centralised and
coordinated approach to information and communication technology matters.
Department of Infrastructure and Planning
The Department of Infrastructure and Planning must be consulted on proposals dealing with infrastructure, project delivery, economic and resource development.
Integrated Development Assessment System
The Department of Infrastructure and Planning must be consulted to ensure conformity with the Integrated Development Assessment System (IDAS) principles when new legislation and regulations include development assessment and approval provisions.
Local Government
State agencies have a continuing responsibility to consult and communicate
with local governments regarding policy and legislative proposals in accordance
with the Protocol Establishing Roles and Responsibilities of the State
Government and Local Government in the Queensland System of Local Government
(the Protocol).
In particular, paragraphs 5.2.4 and 5.2.5 of the Protocol outline the
responsibilities of State agencies as follows:
5.2.4 Engage in timely, cooperative, proper and meaningful consultation
on all legislative and policy initiatives affecting Local Government, where
practicable.
5.2.5 Consider and consult with Local Government regarding financial and
other resourcing implications, that flow from policy or legislative changes that
could result in additional functions and responsibilities for Local
Government.
The Local Government Association of Queensland (LGAQ) is the peak body
representing Local Governments in Queensland and accordingly, as well as
consulting with the Department of Infrastructure and Planning, departments need
to consult separately with the LGAQ.
Departments are obliged to consult with the LGAQ at major stages of policy
and legislative development. Further, Cabinet should be informed of the results
of consultation with local government when policy and legislative proposals that
affect local government are submitted for Cabinet consideration. The Department
of Infrastructure and Planning is responsible for whole of government
coordination of State policies affecting local government. Departmental officers
are available to assist departments in complying with the requirements of the
Protocol.
Department of Communities
Commission for Children and Young People and Child Guardian (the Commission)
The Commission should be consulted at an early stage on policies or legislation relating to the delivery of services to children and young people (under the age of 18), or that otherwise impact on children or young people.
The Commission has a legislative requirement to monitor and review laws, policies and practices relating to the delivery of services to children and young people or that otherwise impact on them. The Commission is able to provide independent advice from the viewpoint of what is in the best interests of children or young people.
Office for Youth
The Office for Youth can work with agencies to proactively identify
opportunities for the appointment of young people (aged 18-25) to government
boards and other bodies. The Office for Youth can also assist in recruiting
candidates on request.
The Office for Youth should be consulted at an early stage on policies or
legislation relating to the delivery of services to young people (aged 12-25),
or that otherwise impact on young people. This is consistent with the
Queensland Youth Charter.
Office for Aboriginal and Torres Strait Islander Policy
Departments should be aware that Aboriginal and Torres Strait issues
encompass a broad policy spectrum. The Office for Aboriginal and Torres Strait
Islander Policy (OATSIP) is concerned with improving the cultural, economic,
physical and social well-being of Aboriginal and Torres Strait Islander
Queenslanders through coordinating and partnering arrangements. Departments
should therefore ensure that OATSIP is consulted on all matters relating to or
impacting on outcomes for Indigenous Queenslanders.
Department of Environment and Resource Management
Office of Climate Change
The Office of Climate Change must be consulted as early as possible during
the development of a Climate Change Impact Statement for all relevant Cabinet,
CBRC and Budget Submissions.Refer to Chapter 5.4.3 "Preparation of a body of a
Cabinet submission".
Queensland Ombudsman
The Queensland Ombudsman must be consulted on policies or legislation that
potentially restrict the right of the citizen to bring a grievance to the
Queensland Ombudsman and any matter which may affect that office or involve
significant issues of public administration.
Ministerial Policy Committees
The relevant Minister's Policy Committees should be consulted at the policy
development stage of legislation, and again at final draft stage. The
Committees also must be consulted prior to Cabinet consideration of the
Authority to Introduce a Bill submission.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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