3.1 OQPCs involvement before ATP
The following are some of the circumstances in which OQPC is involved in the preparation of legislation before an Authority to Prepare a Bill approval is obtained from Cabinet:
- The sponsoring department may discuss with OQPC options for a legislative proposal before or during the department's preparation of the relevant submission.
- When a Cabinet Authority to Prepare a Bill submission is circulated, OQPC may provide a briefing note to the Policy Division of the Department of the Premier and Cabinet as part of the department's processes to brief the Premier on Cabinet submissions.
- There may be a special arrangement for OQPC to start drafting before Cabinet Authority to Prepare a Bill approval has been obtained.
3.1.1 Sponsoring department discussions with OQPC before finalising submission
Policy officers may discuss with OQPC proposals for legislation as part of the departmental process of identifying options for dealing with an issue, before preparing the Authority to Prepare a Bill submission or during the preparation of the submission.
OQPC's central role in preparing legislation for the government as a whole places it in a position to identify useful legislative schemes for consideration by the instructing officer, issues involving the fundamental legislative principles, alternative ways of achieving policy objectives and other relevant issues.
3.1.2 Submissions circulated to OQPC for comment
Generally, an Authority to Prepare a Bill submission is circulated to OQPC.
OQPC considers the drafting instructions accompanying the submission and comments on any aspect relevant to the drafting process.
In particular OQPC comments on any potential breach of fundamental legislative principles suggested by the submission or attached drafting instructions.
Other comments may be about the condition of the drafting instructions, the inconsistency between the instructions and longstanding Queensland Government policy closely related to legislation and legal issues.
If appropriate, OQPC prepares a briefing note for possible referral of its views to the Premier. The briefing note is given to the Policy Division of the Department of the Premier and Cabinet. Also, a copy of the note is sent to the instructing officer.
3.1.3 Drafting before an Authority to Prepare a Bill approval has been obtained from Cabinet
The general rule is that drafting of a Bill does not commence until Cabinet has authorised the Bill's preparation.
The issues involved are essentially practical, for example, whether it is appropriate to bring drafts into existence before the government as a whole has had an opportunity to direct the process and whether it is an effective use of resources to draft legislation not approved by Cabinet when there may be legislation already approved by Cabinet that has not been finalised.
However, there are exceptions to the general rule. The Premier may authorise drafting to start at an earlier time. If it is inconvenient to obtain the Premier's authorisation, the Director General or some other senior officer of the Department of the Premier and Cabinet may provide written authorisation. The parliamentary counsel may also arrange for an earlier start.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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