3.7 Other relevant matters
3.7.1 Consultation - draft stage
Timing of consultation drafts should be discussed early in the drafting process. OQPC can insert watermarks into a draft indicating it is, for example, a 'working draft' or 'consultation draft'. A draft Bill's cover page, containing information about the drafter and instructing officer and other information, must be removed before the draft Bill is circulated outside the government. Also, the cover page should be removed before a draft Bill is attached to a Cabinet submission.
Relevant government departments should be consulted about draft legislation if:
- the legislation makes consequential amendments to the other department's legislation
- the Authority to Prepare a Bill approval expressly requires the consultation; or
- consultation is necessary to comply with the consultation requirements outlined in The Queensland Cabinet Handbook.
The Queensland Cabinet Handbook deals with consultation with persons or organisations external to government (including employers, unions, community groups and special interest groups) as well as with government departments.
3.7.2 Explanatory notes
The department (usually the instructing officer) is responsible for preparing accompanying documents required for the introduction of a Bill, such as the explanatory notes and the Minister's parliamentary second reading speech.
Under the Legislative Standards Act 1992, section 22, a Minister who presents a government Bill to the Legislative Assembly must, before the resumption of the second reading debate, circulate to members explanatory notes for the Bill. Section 23 of that Act sets out requirements for the contents. Current practice is for the explanatory notes to accompany the Bill on its introduction. In any event, The Queensland Cabinet Handbook requires the explanatory notes to accompany the Authority to Introduce a Bill submission.
The instructing officer should start preparing the explanatory notes in sufficient time to ensure the notes are ready in final form when required. Explanatory notes are designed to explain the legislation and not merely to repeat or paraphrase its provisions. The officer should exercise considerable care in preparing explanatory notes because they may be used by courts to interpret the legislation ( Acts Interpretation Act 1954, s. 14B). More immediately, well-reasoned and comprehensive explanatory notes can help the Scrutiny of Legislation Committee to reach a better-informed judgment about fundamental legislative principles issues.
3.7.3 Time requirements
The instructing officer is also responsible for observing all relevant Cabinet time requirements. These are dealt with in The Queensland Cabinet Handbook.
3.7.4 Drafting private members' Bills
Under the Legislative Standards Act 1992, section 10, opposition or independent members can ask OQPC to prepare Bills or amendments. Their communications with OQPC are subject to legal professional privilege. (See the Legislative Standards Act 1992, s. 9A.)
While the matters outlined in this chapter have been directed towards Bills originating in government departments, the basic thrust of the information also applies to private members' Bills. In particular, the instructing member can expect OQPC to fulfil its obligation to provide advice on achieving the policy objectives by alternative means and on the application of the fundamental legislative principles. Also, clear and comprehensive drafting instructions will help the drafter to prepare quality legislation in the shortest possible time.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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