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5.1 Types of submissions

5.1.1 Policy

Policy submissions are those Cabinet documents that primarily form the basis upon which major government policies are determined. It is essential that in drafting these submissions, a strategic view of the issue is adopted 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.

A final Policy submission comprises a coversheet on green paper that summarises the contents of the submission and the body of the submission which provides detailed information. Examples of the Policy submission coversheet and body appear as Chapter 5.5 and Chapter 5.7 respectively. Chapter 5.4.1 and Chapter 5.4.3 respectively provide detailed explanation on the content requirements of the coversheet and body.

5.1.2 Policy Memorandum

These submissions are designed to allow broad canvassing of all policy options for a particular issue or problem. Policy memoranda are used in instances where alternative policy options are available to the government and resolution by Cabinet on the preferred option is required. These submissions may be useful in circumstances where Ministers are taking a joint submission but cannot agree on a preferred policy option. The submission should not contain any recommended policy option, but seek direction of Cabinet on a preferred option.

The recommendation should read:

That direction is sought from Cabinet as to the preferred option from those options outlined in the body of the submission.

A final Policy memorandum comprises a coversheet on green paper that summarises the contents of the submission and the body of the submission which provides detailed information. Examples of the Policy Memorandum coversheet and body appear as Chapter 5.5 and Chapter 5.7 respectively. Chapter 5.4.1 and Chapter 5.4.3 respectively provide detailed explanation on the content requirements of the coversheet and body.

5.1.3 Authority to Prepare a Bill

Authority to Prepare a Bill submissions aim to explain the reasons for initiating a legislative proposal and its implications, and seeks Cabinet approval to commence drafting of the Bill. Refer also to Chapter 7.2 "Development 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 this type of Cabinet submission.

Occasionally, submissions address both a policy and a legislative issue. In this case, the submission can be drafted as a Policy/Authority to Prepare. The submission drafted in this manner must include the relevant headings specified in the Authority to Prepare a Bill submission.

The recommendation should read:

That approval be given to prepare the (name of Bill) in accordance with the drafting instructions accompanying this submission (refer Attachment #).

A final Authority to Prepare a Bill submission comprises a coversheet on green paper that summarises the contents of the submission and the body of the submission which provides detailed information.

Examples of an Authority to Prepare submission coversheet and body appear as Chapter 5.5 and Chapter 5.8 respectively.

Chapter 5.4.1 and Chapter 5.4.3 respectively provide detailed explanation on the content requirements of the coversheet and body.

5.1.4 Authority to Introduce a Bill


Authority to Introduce a Bill submissions aim to provide sufficient information to facilitate the introduction of the Bill into the Legislative Assembly.

The draft Bill and explanatory notes must be attached to this type of Cabinet submission. The draft Bill must not be substantially altered once Cabinet approval has been obtained. Refer also to Chapter 7.3 "Finalisation of a Bill".

The title of the submission must reflect the proper name of the Bill that is the subject of the submission.

The recommendation should read:

That the (name of Bill) in accordance with the draft accompanying the submission be introduced into the Legislative Assembly as soon as possible.

A final Authority to Introduce a Bill submission comprises a coversheet on green paper that summarises the contents of the submission and the body of the submission which provides detailed information. The coversheet must also indicate whether the Authority to Introduce submission is consistent with the Authority to Prepare submission and, if necessary, reference the relevant paragraphs within the body of the submission. Examples of an Authority to Introduce submission coversheet and body appear as Chapter 5.5 and Chapter 5.9 respectively.

Chapter 5.4.1 and Chapter 5.4.3 respectively provide detailed explanation on the content requirements of the coversheet and body.

Ministerial Policy Committees must be consulted prior to Cabinet consideration of the Authority to Introduce Bill submission.

5.1.5 Authority to Forward Significant Subordinate Legislation

This type of Cabinet submission should address the core issues associated with significant regulatory proposals, prior to being forwarded to Executive Council.

The Subordinate Legislation, compliance certificate, Regulatory Impact Statement, if required under the Statutory Instruments Act 1992, and explanatory notes must be attached to the Cabinet submission. Refer also to Chapter 7.4 "Significant Subordinate Legislation"

The recommendations should read:

That the (name of Regulation) in accordance with the draft attached to the submission be recommended to the Governor in Council for approval; and
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.

A final Authority to Forward Significant Subordinate Legislation submission comprises a coversheet on green paper which summarises the contents of the submission and the body of the submission which provides detailed information. Examples of an Authority to Forward Significant Subordinate Legislation submission coversheet and body appear as Chapter 5.5 and Chapter 5.10 respectively.

Chapter 5.4.1 and Chapter 5.4.3 respectively provide detailed explanation on the content requirements of the coversheet and body.

5.1.6 Information

Ministers may wish their colleagues to be informed of, or to note, a variety of major matters which have a whole of government interest. Ministers may therefore prepare an Information submission with an appropriate security classification for submission to Cabinet. The submission should provide analysis of the information and implications, where necessary. 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.

The establishment of major Interdepartmental Committees, Green/White Papers, major policy reviews, Regulatory Impact Statements and outcomes from Ministerial Council meetings (subject to approval by the Premier) should be brought to the attention of Cabinet through an appropriate Information submission. It should be noted that, subject to approval by the Premier, outcomes of Ministerial Council meetings may be either an Information submission or a Policy submission depending on whether there is a need for a Cabinet decision concerning a particular policy issue. Refer to Chapter 3.5 "Ministerial Councils".

The recommendation for Information submissions should read:

That following consideration, the contents of the submission be noted.

A final Information submission comprises a coversheet on green paper that summarises the contents of the submission and the body of the submission which provides detailed information. Examples of an Information submission coversheet and body appear as Chapter 5.5 and Chapter 5.11 respectively.

Chapter 5.4.1 and Chapter 5.4.3 respectively provide detailed explanation on the content requirements of the coversheet and body.

5.1.7 Significant Appointment

Ministers are required to bring all "significant" full-time and part-time appointment proposals to Cabinet for consideration.

Appointments are significant if they fall within the prescribed definition. Appointments are significant if:

Significant Appointment submissions are subject to strict intra-government consultation requirements to ensure that:

For detailed information on consultation requirements, refer to Chapter 6.2.1 "Consultation on Significant Appointments"

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.

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 (mentioned above).

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.

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. An example of a Significant Appointment submission appears as Chapter 5.12. Current curriculum vitae for all proposed appointees must form the attachment to a Significant Appointment submission.

Chapter 5.4.3 provides detailed explanation on the content requirements of the submission.

Assessment of suitability for appointment

To manage risks associated with appointments, information on a person's suitability for appointment must be obtained for Significant Appointment submissions to be considered by Cabinet, as defined in the previous section.

Formal checks of criminal history, bankruptcy and eligibility to manage corporations (under the Corporations Act 2001 and Government Owned Corporations Act 1993) should be conducted as relevant and where legislation specifies conditions for eligibility for appointment.

Where there are no legislative requirements to undertake checks for eligibility for appointment, departments are to seek a statement from proposed nominees to confirm their suitability for appointment to the relevant body. Such inquiries are to be made in a manner that does not pre-empt a decision by Cabinet or Governor in Council approval.

Information on a person's criminal history is only to be sought from person's being proposed for appointment. This information should not be used as a means of short-listing applicants. Disclosures of this nature are not sought from persons who list their details on the Queensland Register of Nominees to Government Bodies.

Departments are to ask the proposed nominee(s) to declare whether there are any reasons why they should not be appointed to the relevant government body. Specifically, proposed nominees are to be asked to consent to disclose:

Departments are to ensure that the proposed nominee is advised that, where they are unsure about the definition of disclosable criminal convictions or status of any criminal conviction, they may wish to seek legal advice in responding to the questions.

CLLOs have access to an electronic template for the disclosure form to be used by departments to obtain such information. If necessary, a replacement electronic template of the disclosure form can be obtained from Executive Services, State Affairs, Governance Division, Department of the Premier and Cabinet.

Information on a proposed nominee's suitability for appointment is to be sought regardless of whether they are a member of another government body. This is in recognition that:

All persons proposed for reappointment must also be asked prior to Cabinet consideration whether there are any reasons why they should not be reappointed.

Refusal by a proposed nominee to provide this information does not automatically exclude a person from appointment. In instances where a person discloses a criminal conviction, the relevant Minister, in consultation with the Premier, is to consider the individual circumstances.

It is not necessary to undertake suitability assessments for proposed appointments in the following situations:

It is a matter for Ministerial discretion as to whether the same inquiries regarding suitability are carried out where public sector employees are appointed outside of their position and receive remuneration and for appointments to government bodies which are not submitted to Cabinet.

Information collected in relation to a person's suitability for appointment, including criminal history, must be handled confidentially, in accordance with the procedures for the security and management of Cabinet documents and not disclosed to outside agencies or parties. It will be the responsibility of CLLOs to ensure the security of this information, in accordance with their existing role.

Appointment of Public Servants to Government Bodies

Public servants may be appointed to a Government body as a Government or departmental responsibility, either linked with their tenure in a particular position or due to their experience within a department or the public service but not necessarily linked to a specific position.

Appointment of office holders

When appointing public servants as Government or departmental representatives to boards, it is preferable to appoint by position title where possible, rather than appointing a specific person by name, ensuring that the appointment tenure is linked to the appointee's position with the department or agency relevant to the board/committee/tribunal position.

This practice is permissible under the Acts Interpretation Act 1954, which provides that appointments may be made by the title of an office and that the appointee is taken to be the person occupying or acting in the office.

The appointment of office holder positions, as opposed to individuals by name, removes the requirement for the appointee to tender a resignation upon ceasing employment with the public service or leaving the relevant position. This practice also eliminates the need for a significant appointment submission each time a new individual is employed in the specified position during the original term of appointment.

Appointment by position title may not suit all appointments of public servants as Government or departmental representatives to boards; however, where possible, this should be the preferred approach, subject to any mandatory appointment requirements prescribed by the enabling legislation being met.

Appointment of persons

In some instances, public servants may be appointed by name as a Government or departmental representative to a Government board, due to their experience within a department or the public service, without the appointment being linked to a specific position. Where this is the case, the appointment instrument should specify that the appointment of the individual is subject to continued employment both under the Public Service Act 2008 and with the department or agency relevant to the board position.

To ensure that the board position is automatically vacated in these instances, the appointment instrument must specifically state that the appointment terminates on the person ceasing to be employed in the public service or ceasing to be employed with the specific department or agency relevant to the board position.

However, it is acknowledged this may not always be suitable and that a number of existing appointments of departmental representatives to Government boards are not specifically linked to their tenure. In these instances a formal resignation would be required from the Government board if ceasing to be employed by the public service or with the department or agency relevant to the board position.

Recommendations

For appointments to be recommended by Cabinet to the Governor in Council, the recommendation should read:

"That (name of nominee) be recommended to the Governor in Council for appointment as (position name) to the (Board) for a term of (term) commencing from (date/date of approval or otherwise) with remuneration of ($ remuneration rate(s))."

For appointments of the holder of a particular office or position within a government agency as a Government or departmental representative, the recommendation should read:

"That the (agency position or office title) be recommended to the Governor in Council for appointment as (position name) to the (Board) for a term of (term) commencing from (date/date of approval or otherwise)."

For appointments by name of public servants as a Government or departmental representative, the recommendation should read:

"That (name of nominee) be recommended to the Governor in Council for appointment as (position name) to the (Board) for a term of (term) commencing from (date/date of approval or otherwise until date/date) or until the person ceases employment as a public servant under the Public Service Act 2008 or with the department or agency relevant to the board position, which ever occurs earlier."

For appointments that can be approved by a Minister and which are required to be submitted to Cabinet for notation purposes, the recommendation should read:

"That Cabinet notes the intention to appoint (name of nominee) as (position name) to the (Board) for a term of (term) commencing from (date/date of approval or otherwise) with remuneration of ($ remuneration rate(s))."

Where the remuneration of the Board has been previously endorsed by Cabinet and approved by the Governor in Council, the Executive Council minute does not need to specify the remuneration amount. In these instances, the recommendation should read:

"That Cabinet:
endorse that (name of nominee) be recommended to the Governor in Council for appointment as (position title) to the (Board) for a term of (term) commencing from (date/date of approval or otherwise); and
note that (name of nominee) be remunerated at ($ remuneration rate(s)) as previously approved by the Governor in Council on (date of approval)."

This would also need to be reflected in the submission under the remuneration section, outlining when the remuneration of the Board had been previously approved by the Governor in Council and the details of that approval (including Executive Council minute number).

Please note, this can only take place if the Governor in Council has approved a remuneration rate for the Board and there are no changes to the rate of remuneration.

Where multiple appointments are being proposed, the above recommendations may be adapted to incorporate a list provided that all information requirements as shown are met. In exceptional circumstances where a large number of appointments are proposed, a separate schedule may be prepared and provided as an attachment, and appropriately referenced in the recommendation.

The final recommendation will relate to proactive release of the appointment/s and will be worded as follows:

"That Cabinet note that the name/s, position/s and term/s of appointment will be published online in five weeks time, following Governor in Council approval of the nominees (or Ministerial advice to the nominees) and subject to approval by the Premier."

Appointments of Members of Parliament to Offices of Profit

The Parliament of Queensland Act 2001 provides that Members of Parliament (MP) who perform duties or services for government bodies (eg. boards, committees, or councils) may receive 'reasonable expenses' in the course of performing such additional duties or services.

MPs who receive remuneration associated with the performance of duties or services for government bodies in excess of what is reasonable, or for categories of expenses outside those listed in legislation, are liable to loss of their seat. Accordingly, MPs must undertake to irrevocably waive any entitlement beyond reasonable expenses that are associated with the performance of such duties or services for the Crown. This waiver must be in writing and forwarded to the relevant paying authority for the government body concerned with a copy to the Speaker of the Legislative Assembly.

Where a Significant Appointment Cabinet submission is recommending the appointment of an MP to a Queensland Government body and it is not intended to enact legislation to expressly authorise the office of profit to be held and the duties to be performed by a MP, the recommendation should read:

That (name of nominee) MP, Member for (electorate name), be appointed as (position name if applicable) to the (name of Government body); and be referred to sections 65 and 72 of the Parliament of Queensland Act 2001 requiring provision of a written waiver to any entitlement to a fee or reward to the relevant paying authority, with a copy to the Speaker of the Legislative Assembly.

5.1.8 Cabinet Committee

Cabinet Committee submissions may take varying forms depending on the specific requests of Committee members and the nature of information being presented to the Committee. However, as a general rule Cabinet Committee submissions may take either of two forms:

The coversheet to a Cabinet Committee submission is to be prepared on pink paper, while the body of the submission, where required, is to be prepared on white paper. Refer to Chapter 5.3.2 "Colour of submissions"

Examples of a Cabinet Committee submission coversheet and body (Policy submission) appear as Chapter 5.6 and Chapter 5.7 respectively.

Chapters 5.4.2 and Chapter 5.4.4 respectively provide detailed explanation on the content requirements of the coversheet and body of a submission.

Should there be doubt as to the form of a submission required by a Cabinet Committee, then the Cabinet Secretariat should be contacted for advice.

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Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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