7.1 Legislation program
A program of legislative proposals provides the necessary
mechanism to facilitate:
- prompt and efficient preparation of government Bills;
- orderly consideration of Bills by Cabinet and Caucus, having
regard to policy priorities, administrative urgency, public commitment and other
policy considerations;
- planned introduction of Bills into Parliament with maximum
opportunity for informed debate in the Parliament;
- an even flow of legislation throughout Parliamentary sittings; and
- coordination of principal and Subordinate Legislation so that
policy objectives of the government are comprehensively and effectively
addressed.
These objectives are best met if legislative proposals are planned as far
ahead as possible and the timing of Cabinet consideration and the drafting of
Bills is planned to make maximum use of Parliamentary recesses and sittings.
7.1.1 Formulation of a program
Prior to each Parliamentary sitting, Ministers will be requested to confirm
to the Leader of the House proposals for legislation to be introduced in the
next sitting and to indicate the priority and urgency which the Minister
attaches to each proposal.
Ministerial legislative proposals are classified Cabinet-in-Confidence and
are subject to the rules applying to the secure handling of Cabinet
documents.
Three levels of priority may be placed on proposed legislation:
- "Essential for passage" status may be applied by the Leader of the House and Caucus where:
- the originating Minister considers the passage of the Bill is essential for
policy, legal or administrative reasons; and
- that the consequences of not passing the Bill would amount to a serious
policy omission or give rise to serious legal or administrative difficulties;
and/or
- "Desirable for passage" status may be applied where the policy is not yet
broadly settled, or other contingencies must be met, eg. consultation needs to
be concluded; or
- "Introduction only" status is used when the government requires the Bill to
"lie on the table" of the Legislative Assembly to allow public scrutiny of the
proposed legislation during the sitting.
7.1.2 Core program
The Leader of the House may make a recommendation to Cabinet on a core
program of "essential for passage" legislation, comprising those Bills to which
a high degree of importance is attached for policy, budgetary or legal
reasons.
Core program Bills should receive priority over other Bills with regard to
the preparation of Cabinet submissions and drafting instructions, the forwarding
of any further instructions required, and the drafting and printing of
Bills.
Cabinet may confirm the legislative program for each sitting. Cabinet may
also set deadlines by which Authority to Prepare a Bill or Authority to
Introduce a Bill submissions should be received. These dates vary depending on
whether a Bill is intended for introduction and passage in a sitting or for
introduction only.
Ministers may bring forward Authority to Prepare a Bill or Authority to
Introduce a Bill submissions, subject to the Premier's concurrence. A Bill's
status on the legislative program for introduction and passage (or introduction
only) depends on the submission being received by the relevant deadlines or by
its priority. It is the responsibility of Ministers and departments to ensure
that proposals for Bills to be prepared for passage reach the Leader of the
House in a timely manner.
A decision by the Leader of the House or by Cabinet on a Bill's priority in
no way constitutes approval in principle for the policy details underlying that
Bill. Approval in principle for the policy is a separate process controlled
collectively by Cabinet.
7.1.3 Controlling the volume of legislation
Legislation is introduced only for those matters that are essential to the
government's objectives and which cannot be achieved in other ways, bearing in
mind legal requirements and Parliamentary obligations and conventions. The need
for legislation must be reviewed carefully when a proposal is first formulated
and the Authority to Prepare a Bill submission must include justification for
legislation as the most appropriate means of proceeding.
In general, legislation should only be recommended:
- to redefine or extend existing rights or obligations;
- to circumscribe or extend powers;
- if there is a constitutional requirement;
- to raise revenue; or
- if it is justified for important policy reasons.
7.1.4 Monitoring the legislative program
The Leader of the House will review the progress of the legislative program
as a whole and of Bills included for each sitting.
Scheduling of the passage of the Bill will depend on a variety of factors
including its urgency, status of other Bills listed for debate, and the volume
of legislation required for passage.
It should be noted that it is a minimum requirement under the Standing Orders
and to enable proper scrutiny of a Bill for it to sit on the floor of the
Parliament for at least 13 calendar days following introduction.
However, it cannot be assumed that passage will occur following the minimum
13 calendar day requirement.
Details of proposed passage and commencement dates should be included in the
information that is regularly provided to the Premier concerning Ministers'
legislative programs. No public announcement about proposed passage and
commencement dates for legislation should be made without the Premier's prior
written approval.
The Premier's approval of proposed passage and commencement dates must be
included in the Authority to Introduce submission in the "Issues" section under
the subheading, 'Approved Timing of Passage and Commencement'. The Parliamentary
Liaison Officer must be consulted in relation to these matters. Refer to
Chapter 6.2.2 Departments and committees to be consulted.
The Cabinet Secretariat may prepare Legislation Progress Reports for
presentation to the Leader of the House showing the stage reached in the
development of each legislative proposal. These reports may provide information
on:
- Bills which have received Authority to Prepare a Bill approval from Cabinet
but have not yet been approved as Authority to Introduce a Bill;
- the critical dates which should apply to elements of the legislative
program;
- the drafting status of each Bill and whether further instructions are
required; and
- Bills which have received Authority to Introduce a Bill approval but have
not yet been introduced.
On the basis of this information, Ministers may be asked by the Leader of the
House, to advise Cabinet on the progress of particular Bills.
Following Ministerial approval, CLLOs are responsible for providing the
Cabinet Secretariat with updated information on the status of every Bill under
their Minister's control.
7.1.5 Late additions
All legislation should be planned in time for inclusion in the legislative
program. When a genuinely unforeseen Bill becomes necessary after Ministers have
made their initial bids, the Minister responsible must seek approval from the
Leader of the House for the inclusion of the Bill on the program. Late bids will
then be discussed with the Premier. In the request the Minister should
indicate:
- that the need for legislation could not have been foreseen;
- that the legislation is urgent and unavoidable; and
- the Bill's priority relative to other Bills which the Minister has put
forward and which Bill could be omitted if necessary to make way for the new
Bill.
7.1.6 Withdrawing a Bill
A Minister wishing to withdraw a Bill from the program following Authority to
Prepare approval from Cabinet should consult with the Leader of the House and
the Premier.
7.1.7 Altering the program status of a Bill
A Minister who wishes to alter the program status of a Bill should seek
endorsement from the Leader of the House. The circumstances surrounding the
reason for the proposed change should be explained, together with implications
if the Bill is not passed.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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