4.4 Lodgement process for Cabinet submissions
Lodgement of a Cabinet submission can occur only when a proposal is fully
developed and meets the structural and content guidelines outlined in Chapter 5 "Preparation of submissions"and the
consultation requirements as specified in Chapter 6 "Consultation". Proposals that are not fully
developed should be delayed where possible, so further work can be undertaken to
ensure the submission outlines all relevant information and issues for Cabinet's
consideration. Cabinet relies on submissions being both well drafted and argued
to assist their decision-making needs.
Where a proposal is seeking Cabinet's approval or endorsement of documents
for reproduction and circulation purposes (ie. Green and White Papers or
communication material), departments must not pre-empt Cabinet's decision by
reproducing the material prior to Cabinet's consideration. This will decrease
the potential for any unauthorised releases of information that may or may not
eventually receive Cabinet's endorsement. For further details in relation to
major communication campaigns refer to Chapter 3.2.3 "Consideration of major communication campaigns".
The process is governed by a strict lodgement timeframe to ensure that
Cabinet proposals reflect a coordinated approach from a whole of government
perspective, and accord with government policy. Importantly, the lodgement
deadline for final submissions ensures that Ministers are properly informed of
Cabinet proposals prior to the meeting so that informed deliberations can
occur.
Although first lodgement submissions may be lodged with the Cabinet
Secretariat, it remains the Premier's prerogative to determine whether a
submission will proceed to Cabinet. Refer to Chapter 4.3 "Determination of the business list for Cabinet meetings".
4.4.1 Lodgement of first lodgement copy of a Cabinet submission
The first stage of the lodgement process is the registration of an electronic
copy of the first lodgement submission on the Cabinet Information System. The
department should then lodge fifteen "first lodgement" copies of the proposed
Cabinet submission (the Minister should not sign these copies) with the Cabinet
Secretariat by 12.00 noon on the Monday, fifteen working days prior to the
Cabinet meeting at which the submission is proposed to be considered. First
lodgement copies must be printed on plain white paper.
The copies must be accompanied by a covering lodgement letter as described in
Chapter 4.6 "Lodgement letter". Unless an electronic
copy has been registered, the hardcopy submission will not be processed by the
Cabinet Secretariat. An electronic copy of attachments to submissions also must
be registered where they contain:
- recommendations considered or approved by Cabinet;
- a proposed strategy, policy response, course of action or Ministerial or government statement to be considered or approved by Cabinet in the recommendations;
- drafting instructions attached to Authority to Prepare a Bill submissions; and
- legislative proposals, explanatory notes and Second Reading speeches.
It is essential that the electronic copy of the submission reflects the hard
copy exactly.
The provision of first lodgement copies of submissions for perusal within the
Department of the Premier and Cabinet ensures that matters to be considered by
Cabinet accurately reflect government policy and are properly coordinated.
Final advice is provided by a Department of the Premier and Cabinet contact
officer on the Friday of the second week after the first lodgement through the
agency CLLO, of any perceived difficulties with the submission and of
recommendations for amendments or possible withdrawal of the submission.
However, in the interim, contact officers may well be discussing with
departments any perceived need for changes to the submission. In addition, the
Premier may use this period to discuss the proposed submission with the relevant
Minister/s. At this stage, Ministers are able to make amendments where
necessary, enabling the final submission to be lodged prior to the requisite
deadline.
Should the proposing Minister not concur with the recommendation concerning
the perceived deficiency of the submission, the submission may still be lodged.
However, in such instances, the final submission being placed before Cabinet
should raise any issues of concern.
4.4.2 Lodgement of final copy of a Cabinet submission
After the Premier has determined that a submission should be considered by
Cabinet (refer to Chapter
4.3 "Determination of the business list for Cabinet meetings"), the second stage of the lodgement
process can commence. Final lodgement begins with the registration of an
electronic copy of the final copy of the submission on the Cabinet Information
System. Attachments must also be supplied electronically where they
contain:
- recommendations considered or approved by Cabinet;
- a proposed strategy, policy response, course of action or Ministerial or government statement to be considered or approved by Cabinet in the recommendations;
- drafting instructions attached to Authority to Prepare a Bill submissions; and
- legislative proposals, explanatory notes and Second Reading speeches.
Unless an electronic copy has been registered, the hardcopy submissions will
not be processed by the Cabinet Secretariat. The appropriate number of
hardcopies on Cabinet-in-Confidence paper and a lodgement letter must be lodged
with Cabinet Secretariat by 1.00 pm on the Tuesday before Cabinet.
The appropriate number of copies of a submission to be lodged is discussed in
Chapter 4.7. The lodgement letter is described in Chapter 4.6 "Lodgement letter".
If after lodging a final Cabinet submission, an amendment is required to be
made, a corrigendum will need to be lodged with an appropriate replacement
page(s). Chapter 5.4.5 "Preparation of a corrigendum to a submission"describes the requirements to be met
in relation to the lodgement of a corrigendum.
4.4.3 Lodgement of "late" final copy of a Cabinet submission
Should a Minister need to lodge a submission that will not meet prescribed
lodgement deadlines, the prior approval of the Premier must be obtained.
Approval is to be sought by the Minister in writing, including sufficient detail
so that the Premier may make an informed decision based on the merits of the
situation. The written request may be lodged with the Premier through the
Cabinet Secretary.
Generally, approval will be given by the Premier only where there is a clear
case of urgency which will not allow deferral of the submission to the next
Cabinet meeting. The Premier will notify both the Minister concerned and the
Cabinet Secretary of the decision on the proposed late Cabinet submission.
The Cabinet Secretary is not authorised to include a proposed late submission
on the Cabinet agenda until such notification is received from the Premier.
If the Premier approves late lodgement of a submission, the appropriate
number of hardcopies on Cabinet-in-Confidence paper and a lodgement letter must
be lodged with the Cabinet Secretariat as close as possible to the Tuesday
cut-off and by no later than 1.00 pm on Friday.
If the 1.00 pm cut-off cannot be met, the late submission will be held over
to the following Cabinet meeting, unless the Minister has obtained the personal
approval of the Premier for the submission to proceed. If the Premier approves
the late submission proceeding, it will be distributed to Ministers in
Cabinet.
To assist with coordination of Cabinet briefing notes, general
information only about late submissions may be communicated by the
originating agency CLLO to the CLLO network.
For security reasons, the notification email must contain general wording
only and may provide information about:
- the fact that a submission is coming through late;
- the general subject matter of the submission;
- which agencies were consulted on the submission at discussion paper stage; and
- when the submission is likely to be lodged with Cabinet Services.
Having regard to the strict security surrounding classification "A" (Secret)
submissions, no information about the subject matter of these submissions may be
communicated to agencies.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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